Regular Session - March 30, 2005
1527
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 30, 2005
11 11:55 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
1528
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 29, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 28,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
1529
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Skelos.
8 SENATOR SKELOS: Madam President,
9 I believe there are substitutions at the desk,
10 if we could make them at this time.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: On page 7,
14 Senator DeFrancisco moves to discharge, from
15 the Committee on Judiciary, Assembly Bill
16 Number 5770 and substitute it for the
17 identical Senate Bill Number 1396, Third
18 Reading Calendar 80.
19 And on page 8, Senator Bonacic
20 moves to discharge, from the Committee on
21 Commerce, Economic Development and Small
22 Business, Assembly Bill Number 3627 and
23 substitute it for the identical Senate Bill
24 Number 1833, Third Reading Calendar 130.
25 THE PRESIDENT: Substitutions
Candyco Transcription Service, Inc.
(518) 371-8910
1530
1 ordered.
2 Senator Skelos.
3 SENATOR SKELOS: Madam President,
4 if we could go to the noncontroversial reading
5 of the calendar.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 92, by Senator DeFrancisco, Senate Print 35,
10 an act to amend the Penal Law, in relation to
11 the payment of reparation.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 52.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 150, by Senator Maziarz, Senate Print 691, an
23 act to amend the Penal Law, in relation to the
24 crime of obstructing firefighting operations.
25 THE PRESIDENT: Read the last
Candyco Transcription Service, Inc.
(518) 371-8910
1531
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 52.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 294, by Senator Rath, Senate Print 1568, an
12 act to amend the Penal Law, in relation to
13 civil liability for false reporting.
14 SENATOR SABINI: Lay it aside,
15 please.
16 THE PRESIDENT: The bill is laid
17 aside.
18 THE SECRETARY: Calendar Number
19 382, by Senator Meier, Senate Print 2313, an
20 act to amend the General Municipal Law, in
21 relation to allowing school districts.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
1532
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 52.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 383, by Senator LaValle, Senate Print 2599, an
8 act to amend Chapter 668 of the Laws of 1977,
9 amending the Volunteer Firefighters Benefit
10 Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 53.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 387, by Senator Balboni, Senate Print 3095, an
22 act authorizing the assessor of the County of
23 Nassau to accept an application.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
1533
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 52. Nays,
6 1. Senator Bonacic recorded in the negative.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 388, by Senator Fuschillo, Senate Print 3223,
11 an act authorizing the Merrick Jewish Centre
12 to retroactively apply.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 52. Nays,
20 1. Senator Bonacic recorded in the negative.
21 THE PRESIDENT: The bill is
22 passed.
23 Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 if we can continue now with Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
1534
1 397.
2 THE PRESIDENT: The Secretary
3 will continue to read.
4 THE SECRETARY: Calendar Number
5 397, by the Senate Committee on Rules, Senate
6 Print Number 3669, an act to amend Chapter 728
7 of the Laws of 1982.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Senator Krueger,
15 to explain your vote.
16 Senator Schneiderman, to explain
17 your vote.
18 SENATOR SCHNEIDERMAN: Thank you,
19 Madam President. I know we look similar.
20 This piece of legislation, which is
21 the language bill on economic development and
22 environmental conservation, has some good
23 things in it. But there are a lot of good
24 things that are missing. And unfortunately, I
25 think this house has taken a step in the wrong
Candyco Transcription Service, Inc.
(518) 371-8910
1535
1 direction with regard to several important
2 environmental protection programs.
3 There were several proposals on the
4 table before we closed the budget process for
5 improving New York's wetland protection -- the
6 Clean Water Protection/Flood Prevention Act,
7 which is essentially included in the
8 Assembly's budget resolution and Governor's
9 Pataki's proposal in Article VII. Both
10 proposals would improve New York's wetland
11 protections, they just did so in different
12 ways.
13 The Senate, unfortunately, has
14 taken a stand against wetland protection. We
15 removed this fix from the one-house budget
16 bill. And it's not included in today's
17 Article VII bill. So it's clear in this case
18 that the Assembly and the Governor favor
19 wetlands protection, and our house is standing
20 in opposition.
21 There's also a fee increase for
22 companies sending their legal proceedings to
23 the Superintendent of Insurance, a doubling of
24 the annual insurance license fee for property
25 and casualty agents and for brokers and life
Candyco Transcription Service, Inc.
(518) 371-8910
1536
1 agents, from $20 to $40.
2 This is not as good an
3 environmental bill as I believe it should be,
4 and we all know that the most -- arguably the
5 most important element of our environmental
6 protection has been left on the table. I
7 realize that there are still negotiations
8 going on, and I'm hopeful that we will be able
9 to resolve the problem with the Environmental
10 Protection Fund.
11 The economic development portion of
12 this bill makes some significant steps, and
13 I'll speak more about that this afternoon when
14 we get to the appropriation bill. But I still
15 think it reflects a general lack of
16 accountability in New York's economic
17 development programs.
18 We do not have a guarantee that
19 money invested by the state through either tax
20 credits or direct loans or grants actually
21 produces the jobs we need. And our system of
22 economic development is really a low-road
23 system of attempting a race to the bottom of
24 reducing tax burdens and reducing regulations
25 without stimulating the kind of high-road
Candyco Transcription Service, Inc.
(518) 371-8910
1537
1 economic growth the state needs.
2 Accordingly, for all those reasons,
3 while there are some good things in this bill,
4 I am going to be voting no on it. I think
5 we'll have a more thorough discussion of those
6 issues when we debate the appropriation bill
7 later today after it's passed the Assembly.
8 But on balance, I think that this
9 is a bill that falls far short of what we
10 should be doing and makes a statement that I'm
11 very disappointed with, that this house is not
12 really keeping up with the Governor and the
13 Assembly when it comes to environmental
14 programs.
15 Thank you, Madam President.
16 THE PRESIDENT: Senator Krueger.
17 SENATOR LIZ KRUEGER: Thank you,
18 Madam President. I rise to explain my vote.
19 I share some of my colleague's
20 concerns that he raised about what we haven't
21 done in this bill. I'll start off by saying
22 some of the things I'm glad about in this
23 bill. I'm glad that we took out of -- both
24 out of appropriations and in language, that we
25 took the money out of the Governor's budget
Candyco Transcription Service, Inc.
(518) 371-8910
1538
1 that would have been used for a sports stadium
2 on the west side of Manhattan. And I'm glad
3 that we actually put that money back into
4 other uses, as opposed to pouring it into some
5 other category of undefined slush funds that
6 we so often do in the state budget.
7 So there are some good points about
8 this bill. But I also have so many concerns
9 about what we still did and what we still have
10 not explained in this language bill.
11 For one, we continue to allow the
12 Urban Development Corporation to, with almost
13 no oversight or explanation, have $32 million
14 for the Empire Development Fund working
15 capital grants, another $32 million we ought
16 to be asking far more questions about or
17 asking whether we ought to be spending at all.
18 We continue to allow them to have
19 additional lines that never get explained to
20 us, either in appropriations or
21 reappropriations. And my understanding is
22 that there are huge amounts of
23 reappropriations money through to UDC in this
24 budget, as in previous budgets. And we should
25 be doing a much better job of asking those
Candyco Transcription Service, Inc.
(518) 371-8910
1539
1 questions.
2 I'm also very concerned about
3 the -- while I am pleased to some degree that
4 we are taking on the challenges of what was
5 NYSTAR, I am equally concerned that we are
6 creating a new public benefit corporation, a
7 new public authority, we're just not calling
8 it that today. And we're talking about
9 transferring approximately $90 million of what
10 the Governor had proposed for his SPUR
11 program, which I also did not support, into a
12 new model.
13 But it's not clear to me the State
14 of New York should be spending money on
15 either. And my understanding is we may also
16 be taking the $50 million of what would then
17 be a defunct state agency, NYSTAR, and putting
18 it into this public benefit corporation.
19 Again, the concern here that I
20 continue to raise in every budget process is
21 we hear constantly from businesses throughout
22 New York State that they believe that their
23 taxes are too high and that is a disincentive
24 for them to come here or stay here, and that
25 they don't have an even playing field. And
Candyco Transcription Service, Inc.
(518) 371-8910
1540
1 actually we hear, I think, most frequently
2 from businesses that the primary goal for them
3 is an even playing field.
4 And yet we in the State of New York
5 continue to be taking taxpayers' money and
6 putting it into what we call economic
7 development funds or programs or foundations,
8 where all we do is take taxpayers' dollars and
9 in fact make the playing field less even with
10 each of these. And the corporations and the
11 businesses who can hire the most sophisticated
12 attorneys and accountants figure out how they
13 can get a piece of this.
14 But it's not necessarily in the
15 best interests of actually ensuring more jobs
16 for New York. And we continue to find
17 ourselves in a situation where what we in the
18 Legislature seem to be doing is actually
19 establishing range wars between suburbs and
20 cities, between towns on one side of a line
21 versus another, specific deals for Company A,
22 who has friends in the Legislature, and
23 Company B, who doesn't.
24 And I think that there should be
25 far more work done to really evaluate any of
Candyco Transcription Service, Inc.
(518) 371-8910
1541
1 these programs -- the new names, the old
2 names, the NYSTAR versus the New York State
3 Foundation for Science, Technology and
4 Innovation, the questions of Excell and
5 New York CEEs and regional innovation. Again,
6 we come up with new names, we claim that
7 they're new programs -- this year and last
8 year's theme seems to be high technology --
9 but without really any information or, to be
10 sincere, any knowledge about what actually
11 works in economic development and doesn't.
12 And at the risk of losing my
13 credentials as a liberal, I would argue that
14 across-the-board tax reductions for businesses
15 that treat everybody equally is a better model
16 than any of these proposals that take
17 taxpayers' dollars and pretend that we in
18 government can have a positive impact on a
19 market economy through our program under this
20 name or our program under that name, and then
21 again we never really evaluate the programs we
22 created last year or the year before.
23 Jumping back to environmental
24 issues within this bill, beyond economic
25 development, Senator Schneiderman raised some
Candyco Transcription Service, Inc.
(518) 371-8910
1542
1 the concerns we ought to have about the
2 Environmental Protection Fund and what will or
3 will not happen. I want to reemphasize how
4 disturbed I am that we are not addressing the
5 Clean Water Protection/Flood Prevention Act
6 issues in this bill.
7 It is confusing to me why the
8 Senate, the Assembly and the Governor cannot
9 come to agreement on something that we all say
10 we agree on, and how important it is for us to
11 truly evaluate and move forward with these
12 wetland protections, and finally also that we
13 could not come to agreement on language
14 involving air fees and the potential that we
15 now face of allowing polluters not to actually
16 have to pay their fair share of the costs of
17 being polluters and leave us in a situation
18 where we are in a confused relationship with
19 the federal government and their laws. And we
20 should have addressed that in this bill also.
21 Since we're speaking briefly on the
22 bill, I will skip the rest of my comments for
23 now and perhaps save them for the
24 appropriations bill. But I too, while there
25 are good things in this bill, and things we
Candyco Transcription Service, Inc.
(518) 371-8910
1543
1 can be proud of, there are too many things
2 missing and some things in there that I don't
3 believe should be there. So I'll be voting
4 no.
5 Thank you very much, Madam
6 President.
7 THE PRESIDENT: Senator Krueger,
8 you will be recorded as voting in the negative
9 on this bill. And Senator Schneiderman as
10 well.
11 Will the negatives please raise
12 their hands.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 397 are
15 Senators Andrews, L. Krueger, Parker, Sabini,
16 Savino, Schneiderman and A. Smith.
17 Ayes, 53. Nays, 7.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 398, by the Senate Committee on Rules, Senate
22 Print Number 3670, an act to amend the
23 Transportation Law and others.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
1544
1 THE SECRETARY: Section 11. This
2 act shall take effect only in the event of a
3 chapter of the Laws of 2005.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE PRESIDENT: Senator
7 Schneiderman, to explain your vote.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Madam President.
10 This, the transportation language
11 bill, I must say came as a pleasant surprise
12 in many respects to a lot of people who were
13 transit advocates, as I was before I was in
14 the Senate. I'd like to think I still am.
15 When the process began, there was a
16 strong sense of, frankly, it doesn't go too
17 far to say a sense of crisis in the MTA,
18 reflected by the chair of the MTA board, Peter
19 Kalikow, who should be credited with calling
20 attention to this even though it was perhaps
21 politically inconvenient at the time, to the
22 advocacy groups from the Straphangers
23 Campaign, the Regional Plan Association and
24 others, all of whom pointed to something that
25 I raised five years ago when we did the last
Candyco Transcription Service, Inc.
(518) 371-8910
1545
1 MTA capital plan, which is you can't expect
2 the system to survive if you don't provide any
3 money for a capital plan.
4 We put the MTA on the brink of
5 bankruptcy when we passed the capital plan
6 five years ago with a zero state contribution
7 to capital. We forced the agency to issue
8 $22 billion of bonds, which the agency now has
9 to pay off out of operating expenditures.
10 That was our fault. We still have a big hole
11 to dig our way out of.
12 But I must say, I have to give
13 credit to everyone who participated, this
14 legislation is a step in the right direction.
15 This legislation does provide permanent --
16 nothing is permanent, but repeated sources of
17 revenue on a steady basis, dedicated taxes for
18 the MTA to pay off debt. In fact, it provides
19 slightly more than the minimum amount that the
20 MTA made it clear they needed.
21 This also takes a step in the right
22 direction, I believe, by taking state
23 responsibility in the form of front-door debt
24 away from the MTA. We cannot allow the agency
25 to issue any more debt that is to be paid off
Candyco Transcription Service, Inc.
(518) 371-8910
1546
1 by fare-box revenues. That's killing our
2 system. This is a crisis for every employer
3 in the City of New York, for every business in
4 the City of New York. You do not build an
5 economy in this state with a transit system
6 that is facing further service cuts and the
7 downward spiral of bad service, decreased
8 ridership and decreased revenues.
9 So this bill remarkably -- and I
10 think it is much improved since the Senate
11 passed a one-house bill some weeks ago -- this
12 bill takes on front-door debt, state support
13 for the MTA, provides tax revenues. And I
14 know that this is a hard lift, for people to
15 raise taxes in this atmosphere. So I have to
16 give tremendous credit to those who made it
17 possible.
18 There were -- I must say regional
19 prejudices exist. And I don't like them, but
20 they exist. And I must say that there was
21 some sense of people in the downstate area
22 saying: Well, what's the story with this new
23 Transportation chair? Is he one of these
24 roads and bridges are more important than
25 transit guys?
Candyco Transcription Service, Inc.
(518) 371-8910
1547
1 And the answer is in this bill.
2 The answer is no. He's covered roads and
3 bridges and transit. I, as a former attorney
4 for the Straphangers Campaign, don't find any
5 basis for suing anybody in this legislation,
6 and that's really an extraordinary failing on
7 my part.
8 I will continue to review it, Madam
9 President. But in the interim, I'm going to
10 vote yes. And I encourage everyone else to
11 vote yes.
12 THE PRESIDENT: You will be so
13 recorded as voting in the affirmative, Senator
14 Schneiderman.
15 Senator Sabini, to explain his
16 vote.
17 SENATOR SABINI: Thank you, Madam
18 President.
19 I too want to say that the finished
20 product that's the result of this bill is a
21 good one, and I commend Chairman Libous and
22 the other conferees for realizing -- it took a
23 little while, but for realizing that not only
24 can the MTA not continue to pay operating
25 expenses through bonding -- that's what got
Candyco Transcription Service, Inc.
(518) 371-8910
1548
1 New York City in trouble several decades
2 ago -- but also that the need was real, that
3 Chairman Kalikow was not asking for
4 pie-in-the-sky stuff but rather just making
5 sure that the system ran in a condition that
6 gets workers to work and people to their
7 destinations safely and reliably. If we don't
8 have a safe and reliable transit system within
9 the downstate region, the economy of this
10 state would be in peril.
11 So while the amounts of money and
12 attention to things in the MTA isn't perfect,
13 I think it was a good collaborative effort.
14 There were people on the conference committee
15 who were looking out for commuter railroads,
16 for roads and bridges upstate, for upstate
17 transit systems and for the MTA. And I think
18 that the final process turned out to be one
19 that was a good one.
20 And I want to echo the comments of
21 Senator Schneiderman and commend Chairman
22 Libous on his work and our colleagues in the
23 Assembly for their work on this. It's not
24 perfect; I wish there was more money for
25 expansion. I don't think that the end-result
Candyco Transcription Service, Inc.
(518) 371-8910
1549
1 dollar figure for the Second Avenue subway
2 makes it any closer to being a reality. I
3 know people don't like to hear that. But I'm
4 concerned about the federal commitment on so
5 small a dollar figure.
6 But on the whole, we're a lot
7 better off than we were two weeks ago, and
8 I'll be voting in the affirmative. Thank you.
9 THE PRESIDENT: You will be
10 recorded as voting in the affirmative, Senator
11 Sabini.
12 Senator Spano.
13 SENATOR SPANO: Thank you, Madam
14 President. To explain my vote.
15 Nothing has been more important to
16 a commuter when you can meet them in a
17 railroad station and they're standing there
18 waiting for a train and it doesn't show up.
19 Or it does show up in the summer and it's hot
20 and there's no air-conditioning. Or it shows
21 up in the winter and it's cold because there's
22 no heat.
23 Those are just very anecdotal
24 reasons why it's so important for us to come
25 up with a multiyear capital plan that provides
Candyco Transcription Service, Inc.
(518) 371-8910
1550
1 real relief in terms of on-time performance in
2 the efficiency of the railroad, making sure
3 that we encourage people in the metropolitan
4 area and the suburban counties to utilize our
5 commuter railroad system, and at the same time
6 pay attention to keeping our fares down.
7 We should give credit to the chairs
8 of our Transportation Committees, recognizing
9 that we do have to make tough decisions with
10 regard to finding the revenues to pay for the
11 efficiencies that are so necessary. But
12 that's what we get paid the little bucks for,
13 to be up here to make those tough decisions,
14 to stand up for those commuters who are
15 working hard, who leave early in the morning,
16 get home late at night and frankly don't have
17 time to reach out to us and say, Make sure our
18 trains are running on time.
19 It's our job to represent them up
20 here, and that's what we're doing very
21 effectively with the passage of this entire
22 package today.
23 I vote aye.
24 THE PRESIDENT: You will be so
25 recorded, Senator Spano, as voting in the
Candyco Transcription Service, Inc.
(518) 371-8910
1551
1 affirmative.
2 Senator Libous.
3 SENATOR LIBOUS: Madam President,
4 thank you.
5 And I want to thank my colleagues
6 for all the effort and hard work that went
7 into this five-year transportation plan.
8 And as the new chairman of the
9 Transportation Committee, I got a crash course
10 right away over the first couple of months,
11 and certainly I want to thank the staff for
12 their help and effort.
13 But what we accomplished here, and
14 we should all be very proud, is a five-year
15 plan that both is very effective when it comes
16 to supporting the MTA, which is critically
17 important to our state, and a highway, road
18 and bridge program, along with rail, for
19 freight, and aviation. And those components
20 are critical for keeping our state in the
21 forefront for economic development.
22 You know, as I said in some of the
23 earlier meetings when we were first given this
24 budget, if we looked at the amounts of money
25 that were proposed, the dollar amounts were
Candyco Transcription Service, Inc.
(518) 371-8910
1552
1 frozen. They were the same as the last five
2 years. And we all know and recognize that
3 costs have gone up, the cost of labor has gone
4 up, certainly gasoline and fuel costs have
5 gone up, concrete -- I can go on and on --
6 steel. And in order to put New York State in
7 the forefront, we needed to make a commitment.
8 Now, part of this plan is a
9 $2.9 billion bond issue. And I bring that up
10 because it's critical. We all decided that we
11 did not want to do any back-door borrowing,
12 that the right way to do this was to take it
13 to the voters -- because we cared about
14 accountability, accountability is the key word
15 here -- and let the voters decide. But we
16 will sell to them the proposal so that they
17 can see, unlike 2000 -- unlike 2000, when they
18 were asked to vote on a bond and didn't know
19 what was going to be in it. That will not be
20 the case this time. And then they can make
21 the decision as to how we move forward in
22 supporting this great transportation system
23 that we have in New York State.
24 So, Madam President, I am very
25 honored to stand here today and certainly
Candyco Transcription Service, Inc.
(518) 371-8910
1553
1 support this proposal. And again, I would
2 like to thank the staff, the Senate staff that
3 has been very supportive to me, and certainly
4 all of my colleagues, those who served in the
5 committee and those in this room who have been
6 supportive.
7 THE PRESIDENT: Senator Libous,
8 you will be recorded as voting in the
9 affirmative.
10 Senator Wright.
11 SENATOR WRIGHT: Thank you, Madam
12 President. Just to quickly explain my vote.
13 I want to extend my congratulations
14 to Chairman Libous, because this bill is about
15 jobs, creating jobs, because roads and bridges
16 are essential throughout upstate New York.
17 And while I appreciate my
18 colleague's prior comments about the balance,
19 and that's certainly something we strove to
20 achieve, and I want to credit the joint
21 conference committee on having achieved that
22 balance, the bottom line is transportation is
23 critical to the economy of upstate New York.
24 It's all about jobs, particularly in our rural
25 regions, where we literally will drive a half
Candyco Transcription Service, Inc.
(518) 371-8910
1554
1 an hour, 45 minutes to be gainfully employed.
2 So we appreciate the effort, and
3 we've seen the adverse impact that the cost of
4 inflation has had on our ability to maintain
5 and improve our roads and bridges.
6 So I'm very supportive of the
7 leadership demonstrated here in this house to
8 recognize the roads and bridge commitment and,
9 more importantly, look forward to seeing it,
10 over the course of the next five years,
11 improve the upstate economy.
12 I'll be voting aye.
13 THE PRESIDENT: Senator Wright,
14 you will be recorded as voting in the
15 affirmative.
16 Senator Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Madam President. Just to explain my
19 vote.
20 THE PRESIDENT: To explain your
21 vote.
22 SENATOR HASSELL-THOMPSON: I will
23 in fact be voting for the bill. And I've
24 heard all the accolades that everybody has
25 given each other, and the patting on the back.
Candyco Transcription Service, Inc.
(518) 371-8910
1555
1 But I still think that I would like to
2 interject the concern that I have that this
3 bill will authorize the MTA to bond out its
4 pension obligations. That needs to be
5 addressed, and at least it needs to go on the
6 record so that everybody knows that that's
7 what's happening.
8 We are not able to do --
9 unfortunately, because we are not able to do
10 two generals in the election in November, that
11 this will not go before the public. But I
12 think that we ought to -- we ought -- this is
13 a bailout, no question. We are bailing out
14 MTA.
15 And all of us who know -- the
16 portion of the district that I represent in
17 the Bronx is a surface district. Therefore,
18 we need our buses. We need them to be in more
19 than good repair. In Westchester County, as
20 we have seen these several weeks, with this
21 bus strike, what it means to the working class
22 and the communities.
23 So certainly I am one who is not
24 supportive of making sure that all of our
25 transportation systems work and work well and
Candyco Transcription Service, Inc.
(518) 371-8910
1556
1 that we do whatever it is that we're supposed
2 to. But when we find ourselves bailing out
3 our authorities in this manner, I just think
4 that it raises a specter that is not a
5 behavior that I would like to see us continue
6 to do.
7 Thank you, Madam President.
8 THE PRESIDENT: You will be
9 recorded as voting in the affirmative -- in
10 the negative, excuse me, Senator
11 Hassell-Thompson.
12 SENATOR HASSELL-THOMPSON: No,
13 no, no, I'm voting in the affirmative.
14 THE PRESIDENT: That was my
15 original understanding.
16 SENATOR HASSELL-THOMPSON: Thank
17 you.
18 THE PRESIDENT: So you will be so
19 recorded as voting in the affirmative.
20 The Secretary will announce the
21 results.
22 THE SECRETARY: Ayes, 60.
23 THE PRESIDENT: The bill is
24 passed.
25 Senator Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
1557
1 SENATOR SKELOS: Madam President,
2 we are not going to go to the controversial
3 calendar at this time. So the Senate will
4 stand at ease until 2:30 p.m.
5 THE PRESIDENT: The Senate now
6 stands at ease until 2:30 p.m.
7 (Whereupon, the Senate stood at
8 ease at 12:32 p.m.)
9 (Whereupon, the Senate reconvened
10 at 3:22 p.m.)
11 ACTING PRESIDENT ROBACH: Senator
12 Skelos.
13 SENATOR SKELOS: Mr. President,
14 before we start the controversial calendar,
15 number one, if we could have the bells rung at
16 this time.
17 ACTING PRESIDENT ROBACH: The
18 Secretary will ring the bells.
19 SENATOR SKELOS: Also, an
20 announcement that there will be a meeting of
21 the Elections Committee in Room 816 of the LOB
22 immediately following session.
23 ACTING PRESIDENT ROBACH: There
24 will be a meeting of the Elections Committee
25 in Room 816 immediately after session.
Candyco Transcription Service, Inc.
(518) 371-8910
1558
1 SENATOR SKELOS: Just for the
2 members, again, the bells are ringing, and we
3 will commence the controversial calendar.
4 I believe Senator Fuschillo has a
5 motion.
6 SENATOR FUSCHILLO: Mr.
7 President, on behalf of Senator Morahan, on
8 page number 14 I offer the following
9 amendments to Calendar Number 259, Senate
10 Print Number 1965, and ask that said bill
11 retain its place on Third Reading Calendar.
12 ACTING PRESIDENT ROBACH: The
13 amendments are received, and the bill will
14 retain its place on the Third Reading
15 Calendar.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 if we can now start with Calendar Number 294,
19 by Senator Rath. I believe the Minority laid
20 it aside, asking for an explanation.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 294, by Senator Rath, Senate Print 1568, an
25 act to amend the Penal Law.
Candyco Transcription Service, Inc.
(518) 371-8910
1559
1 ACTING PRESIDENT ROBACH: Senator
2 Rath, an explanation has been requested.
3 SENATOR RATH: Surely.
4 This bill came about as a result of
5 a prank that was played in one of the schools
6 in my district maybe six or eight years ago.
7 An envelope with white powder was placed, and
8 of course a phone call was made. And this was
9 really before the anthrax scares that we're
10 all so familiar with. And the emergency
11 vehicles rushed out, and all of the people
12 were deployed in case this was a real
13 circumstance and there was a serious threat.
14 Well, as I said, it was kids and it
15 was pranksters. And the dollars had been
16 spent in order to get the emergency responders
17 there. And fortunately there were no
18 incidents or real problems; no one was hurt.
19 But there was, of course, a lot of cost for
20 the emergency responders to go out.
21 And this bill allows the
22 municipality or other providers of emergency
23 services to seek restitution for their costs
24 if something like this happens in the future.
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
1560
1 Duane.
2 SENATOR DUANE: Thank you, Mr.
3 President. If the sponsor would yield.
4 ACTING PRESIDENT ROBACH: Senator
5 Rath, will you yield?
6 SENATOR RATH: Surely.
7 SENATOR DUANE: Under present
8 law, is not a victim entitled to go to the
9 Crime Victims Board to get -- to be reimbursed
10 for expenses?
11 SENATOR RATH: Yes, there are,
12 Senator. And you're correct on the term
13 "victim." But having a municipality or a
14 first-responder unit as a victim is a
15 different way of approaching the term
16 "victim." And this piece of legislation
17 clears that up.
18 SENATOR DUANE: And through you,
19 Mr. President, if the sponsor would continue
20 to yield.
21 ACTING PRESIDENT ROBACH: Senator
22 Rath, will you yield?
23 SENATOR RATH: Surely.
24 SENATOR DUANE: I'm wondering,
25 then, if perhaps taxes are actually the
Candyco Transcription Service, Inc.
(518) 371-8910
1561
1 funding stream that should be used to
2 reimburse a victim.
3 SENATOR RATH: The feeling when
4 we drafted the bill was that knowing that it
5 might come back at their parents if kids did
6 stuff like this, that it would act as a
7 deterrent. And that we need to have a
8 reliable source of revenue. And so coming
9 back at the parents or the responsible parties
10 was the feeling when we drafted this bill.
11 SENATOR DUANE: Through you, Mr.
12 President, if the sponsor would continue to
13 yield.
14 ACTING PRESIDENT ROBACH: Senator
15 Rath, will you continue to yield?
16 SENATOR RATH: Surely.
17 SENATOR DUANE: I'm hoping that
18 the sponsor could take me through the process
19 of what happens now, in the absence of this
20 law being passed and put into effect.
21 SENATOR RATH: Without this going
22 into effect, the municipality would have to
23 pay for any kinds of circumstances that were
24 to happen to the responders or their
25 equipment.
Candyco Transcription Service, Inc.
(518) 371-8910
1562
1 SENATOR DUANE: And through you,
2 Mr. President, if the sponsor would continue
3 to yield.
4 SENATOR RATH: Surely.
5 SENATOR DUANE: Again, it seems
6 to me that funds which are held by a
7 municipality, school, fire district, fire
8 company or other entity, they already have
9 funds which are paid for from tax dollars.
10 And I'm again wondering why it is that they --
11 it seems that they have the opportunity to
12 double-dip now.
13 SENATOR RATH: If, in the
14 circumstances that I described a few minutes
15 ago in my district, if there had been a
16 serious physical injury to a responder or
17 there had been a piece of equipment that was
18 damaged, or even the fact that if it's a
19 hazmat unit that goes out, some of the pieces
20 of equipment, clothing, et cetera, that they
21 use, they can use them only once.
22 And this indeed was a prank. And
23 the message here is that pranksters are not
24 allowed to get away with this kind of
25 activity.
Candyco Transcription Service, Inc.
(518) 371-8910
1563
1 SENATOR DUANE: And through you,
2 Mr. President, if the sponsor would continue
3 to yield.
4 ACTING PRESIDENT ROBACH: Senator
5 Rath, will you continue to yield?
6 SENATOR RATH: Surely.
7 SENATOR DUANE: I would put
8 forward that false alarms, though, you know,
9 ranging from unpleasant to dangerous,
10 responding to them is actually part of the job
11 of responders, of a fire department or an
12 emergency vehicle. So why is it that we would
13 take this kind of situation and set it aside
14 for an exceptional use of the law and
15 remuneration to a victim?
16 SENATOR RATH: When this piece of
17 legislation was drafted -- again, in response
18 to a circumstance in my district -- there are
19 other ways, as you point out, that the costs
20 could be recouped.
21 But this would put in place what I
22 feel is a much better way of recouping the
23 cost because it is a message of deterrence to
24 anyone who thinks that they can place a bomb
25 or an envelope that looks like anthrax or do
Candyco Transcription Service, Inc.
(518) 371-8910
1564
1 anything that would cause a first-responder
2 unit to rush to the scene, with the possible
3 jeopardy of life and limb, because someone
4 thinks it's funny or they want to get a day
5 off of school or they want to scare a whole
6 community by sending -- let's say someone sent
7 white envelopes filled with a dusty substance
8 to every one of us. I think we would be very
9 concerned about what would happen if we had to
10 shut down state government in order to have
11 everything cleaned and checked through. Who
12 would pay for it?
13 If someone is convicted. Please
14 note that this is if someone is convicted.
15 SENATOR DUANE: Mr. President, on
16 the bill.
17 ACTING PRESIDENT ROBACH: On the
18 bill.
19 SENATOR DUANE: I believe that we
20 already have deterrents in place for
21 offenders, and I would even say that the
22 deterrents that are in place for juvenile
23 offenders are already extremely sharp and
24 harsh.
25 And in fact that a juvenile doesn't
Candyco Transcription Service, Inc.
(518) 371-8910
1565
1 get the chance to go to Family Court and have
2 that judge decide whether or not he or she
3 should keep the case in their courtroom --
4 instead of the system that we have here where
5 a young person is sent to criminal court and
6 the criminal court judge gets to make the
7 decision -- I think is frankly inhumane and
8 not -- I think it's something that should be
9 changed in our law.
10 But that potential for harsh
11 penalty that could be given out by a criminal
12 court judge I believe is a strong enough
13 deterrent.
14 I've said this before, that I
15 believe that the reason we pay taxes is
16 exactly to pay for these kinds of
17 situations -- false alarms, emergencies,
18 whatever the situation is. That's what we pay
19 our taxes for. You know, crime victim
20 remuneration is meant for person-on-person
21 crimes, not property crimes. And that has
22 been our philosophy, and I don't see any
23 reason to change it.
24 I could also see a situation where
25 the family of a kid who had to -- when there
Candyco Transcription Service, Inc.
(518) 371-8910
1566
1 was, you know, a large expense to the
2 response, that kind of money could bankrupt a
3 family.
4 I believe that the deterrents in
5 place are beyond more than adequate to deter a
6 young person from committing this kind of
7 crime. And for that reason, I'm going to vote
8 no on the bill, both because, as I say, I
9 think that's what our tax dollars should be
10 used for, and also because I think we should
11 be -- that we should not be piling on our
12 already too harsh laws against young people.
13 Thank you, Mr. President.
14 ACTING PRESIDENT ROBACH: Does
15 any other member wish to be heard on the bill?
16 The debate is closed.
17 The Secretary will ring the bell.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 294 are
Candyco Transcription Service, Inc.
(518) 371-8910
1567
1 Senators Andrews, Duane, Hassell-Thompson,
2 Montgomery and Parker.
3 Ayes, 56. Nays, 5.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President, I
8 believe there's a substitution at the desk, if
9 we could make it at this time.
10 ACTING PRESIDENT ROBACH: The
11 Secretary will read.
12 THE SECRETARY: In relation to
13 Calendar Number 271, Senator Johnson moves to
14 discharge, from the Committee on Finance,
15 Assembly Bill Number 555C and substitute it
16 for the identical Senate Bill Number 555E,
17 Third Reading Calendar 271.
18 ACTING PRESIDENT ROBACH:
19 Substitution ordered.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 would you please call up Calendar Number 271
23 at this time.
24 ACTING PRESIDENT ROBACH: The
25 Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
1568
1 THE SECRETARY: Calendar Number
2 271, substituted earlier, Assembly Budget
3 Bill, Assembly Print Number 555C, an act
4 making appropriations for the support of
5 government.
6 SENATOR SCHNEIDERMAN:
7 Explanation.
8 ACTING PRESIDENT ROBACH: Senator
9 Johnson, an explanation has been requested.
10 SENATOR JOHNSON: This is the
11 budget bill companion to 3669, which passed
12 yesterday or earlier today.
13 And this is a budget bill that has
14 the money for all the Article VII factors in
15 the other bill: transportation, economic
16 development, and environmental conservation.
17 Thank you.
18 ACTING PRESIDENT ROBACH: Senator
19 Krueger.
20 SENATOR LIZ KRUEGER: Thank you.
21 On the bill.
22 ACTING PRESIDENT ROBACH: On the
23 bill.
24 SENATOR LIZ KRUEGER: So again
25 the dilemma, assuming we are passing this bill
Candyco Transcription Service, Inc.
(518) 371-8910
1569
1 today and it's agreed upon in both houses, as
2 we know, that we made some progress from the
3 original Governor's proposal.
4 I am delighted to see that we have
5 restored the funding for housing preservation
6 programs, both urban and rural, in the State
7 of New York. It's a critically important
8 program in every community.
9 I am very pleased that we put in
10 $25 million capital for expanded housing
11 programs. Last year we all felt very good
12 when we put $57 million in, only to see the
13 Governor veto those monies out.
14 So it is with optimism, I suppose,
15 that I hope that those monies will remain in
16 the budget when there is a formal agreement
17 made. Because in fact, for the record, the
18 State of New York has increased its funds to
19 expand affordable housing by technically,
20 statistically nothing for the last twenty
21 years. Occasionally we get another million
22 here or a million there.
23 But I don't believe there's anyone
24 who the State of New York who doesn't
25 recognize the importance of expanding the base
Candyco Transcription Service, Inc.
(518) 371-8910
1570
1 of affordable housing and the crisis level
2 that it is at, not only in my City of New York
3 but in the Hudson Valley and in Long Island
4 and in other sections of the state.
5 And so the fact that I am pleased
6 to see $25 million additional in capital money
7 to expand potential models for affordable
8 housing is in some degree a statement also of
9 my disappointment that in the 21st century,
10 after decades of failing to address the
11 problems we ought to of expanding affordable
12 housing and in fact replicating successful
13 programs, that in fact the best we can do
14 today is putting back some money for housing
15 preservation that was lost last year and
16 putting $25 million into capital that I hope
17 we will see staying in the budget after we
18 complete a three-way negotiation with the
19 Governor.
20 And yet I want to talk about the
21 fact that there's so much more we should be
22 doing in housing and that we're not. And
23 there's no other section in the budget where
24 we're going to see any additional money for
25 housing.
Candyco Transcription Service, Inc.
(518) 371-8910
1571
1 One, we actually have documentation
2 that when you talk about economic development,
3 one of the models that works is building
4 housing. It creates immediate jobs in
5 construction. It creates long-term revenue to
6 communities through expanded -- an expanded
7 housing base of taxpayers. It ensures that
8 working people can remain living in
9 communities where they hope to work.
10 It is one of the real issues that
11 the business community looks at when they make
12 decisions about whether to move into an area
13 of the state or leave an area of the state:
14 Is there housing that their workers can
15 afford.
16 And as I often explain to
17 businesses in my own community when I tell
18 them why they should care about the
19 affordability of housing, I explain, one, that
20 if they don't have any workers who can afford
21 to live near them, they won't have good
22 workers. And, two, if everybody is spending
23 all their disposable income on housing,
24 whatever it is that they, the business, are
25 trying to sell, nobody will have any money to
Candyco Transcription Service, Inc.
(518) 371-8910
1572
1 buy it from them.
2 So the fact is when we talk about
3 economic development, and we do a lot of that
4 in the state budget, there's very few areas
5 where I actually find myself agreeing with the
6 model of spending taxpayers' dollars to
7 support specific parts of the economy through
8 a business model. But building housing is one
9 of the places that has in fact been
10 documented, time in and time out, to have a
11 multiplier effect and is a win-win for all of
12 our communities.
13 So I'm basically making this speech
14 saying what a shame that we only see
15 $25 million in the state budget for additional
16 housing, after decades of seeing no increases.
17 What a shame that if we spent more time really
18 looking at the monies we spend in our budget,
19 that we might not find that some of the monies
20 we've decided to spend in other ways we should
21 be spending on expansion of housing.
22 We should be looking at a
23 Mitchell-Lama II program. We should be
24 looking at expanding the successful
25 New York/New York supportive housing programs
Candyco Transcription Service, Inc.
(518) 371-8910
1573
1 that we have talked about for years but not
2 put any money in, that addresses the needs of
3 not only expanding affordable housing but also
4 addressing the needs of people who are on SSI
5 and SSD, people who are mentally ill, people
6 who are coming out of our prisons, people who
7 are on the streets of our towns because
8 they're homeless.
9 And so what a shame that that's all
10 we're talking about, $25 million. And yet I
11 appreciate that it's there.
12 I also think that this bill doesn't
13 go far enough in a number of other areas that
14 we had talked about earlier today when we were
15 dealing with language bills. Again, I
16 supported the transportation bill, but no one
17 should imagine that we've done enough four
18 public transportation. And that we're still
19 not going to be facing the problems that those
20 of us who live in New York City know our
21 constituents face every day. Our fares go up
22 on our buses and our subways, our token booth
23 clerks aren't there anymore, increasing safety
24 problems underground. And we seem to have
25 breakdowns in our system on a daily basis.
Candyco Transcription Service, Inc.
(518) 371-8910
1574
1 So we also, in this appropriations
2 bill, are addressing some of the capital needs
3 of public transportation, but please don't
4 think that anyone should go home saying we
5 solved that problem. We did not. We -- as I
6 think one of my colleagues said earlier today,
7 we averted perhaps a major crisis, but we have
8 not addressed what we should.
9 So I am struggling about whether to
10 vote for the bill, because it doesn't go far
11 enough in important areas. And yet it is
12 better than the bill that we voted on I
13 believe two weeks ago. It is better than the
14 bill that the Governor offered us.
15 So I will vote for this bill with
16 hesitancy, having realized that a budget done
17 on time is perhaps -- even a bad budget done
18 on time is better than a bad budget many
19 months late. And perhaps we have more
20 opportunities over the next few months to go
21 back and look at the progress we made and the
22 progress we failed to make and deal with some
23 of those issues between now and the end of
24 session.
25 Thank you, Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
1575
1 ACTING PRESIDENT ROBACH: Can we
2 have a little order in the chamber, please.
3 Senator Schneiderman.
4 SENATOR SCHNEIDERMAN: Thank you.
5 I concur in much of what Senator
6 Krueger said. I would also like to add that
7 I'm very happy that we have made improvements
8 in several areas over the bills passed in the
9 Senate, the one-house bills, a few weeks ago.
10 We have restored money for the Hudson River
11 Park that was not in the bill we voted on
12 before. We've restored money for brownfields.
13 Obviously the most significant gap
14 here, in addition to the issues that Senator
15 Krueger raised, is the Environmental
16 Protection Fund. And I will support this
17 legislation with the understanding that we are
18 going to continue negotiations, that we are
19 not going to consider the budget complete
20 until we have dealt with that critical issue.
21 I gather that is our position in this house.
22 I'm confident that's the position of the
23 Assembly.
24 What the Governor proposed, what's
25 unacceptable, I'm supportive of the
Candyco Transcription Service, Inc.
(518) 371-8910
1576
1 Legislature attempting to do a better version.
2 But we cannot honestly say we have finished
3 the budget in the area of environmental
4 protection until we address that issue.
5 So I will support this bill, but
6 with the understanding that we are going to
7 deal with the looming problem of the need to
8 address most of the environmental issues that
9 we address in this Legislature through the
10 EPF. Let's get that on the table, let's keep
11 the negotiations going. And whatever is going
12 on on the second floor, we can't allow this
13 session to end without funding this critical
14 program.
15 Thank you, Mr. President. I will
16 be voting yes.
17 ACTING PRESIDENT ROBACH: Does
18 any other member wish to be heard on the bill?
19 The debate is closed.
20 The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ROBACH: Call
25 the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
1577
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT ROBACH: The
4 bill is passed.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 is there any further business to come before
8 the Senate?
9 ACTING PRESIDENT ROBACH: There
10 is none.
11 SENATOR SKELOS: If you would
12 recognize Senator Schneiderman for a petition
13 and bill out of committee.
14 ACTING PRESIDENT ROBACH: Senator
15 Schneiderman.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Mr. President.
18 I have a motion at the desk. I
19 would like to have it called up at this time.
20 ACTING PRESIDENT ROBACH: The
21 Secretary will read.
22 THE SECRETARY: Senate Print
23 1967, by Senator Schneiderman, an act to amend
24 the Workers' Compensation Law.
25 SENATOR SCHNEIDERMAN: Thank you.
Candyco Transcription Service, Inc.
(518) 371-8910
1578
1 Mr. President and colleagues, this
2 is a motion to bring to the floor a bill to
3 raise the maximum payment for workers'
4 compensation claims from $400 per week to the
5 state's average weekly salary and to raise the
6 disability payment from $170 per week to the
7 state's average weekly salary.
8 We have attempted to address some
9 issues relating to the working poor in this
10 state. But until we deal with the inadequate
11 workers' compensation and disability payment
12 system, we are leaving millions of New Yorkers
13 in danger every day of being thrown into
14 poverty. You cannot support a family on $400
15 a week.
16 If you are in most other states in
17 the country, you have a wage that is equal to
18 or greater than the average weekly salary,
19 calculated based on the statewide average. In
20 New York, in New York we now are at the bottom
21 of the pile. The workers' compensation
22 benefit currently is 51 percent of the average
23 weekly wage.
24 Now, if you look at states that we
25 consider ourselves to be more progressive
Candyco Transcription Service, Inc.
(518) 371-8910
1579
1 than, in many cases, Mississippi is at
2 64 percent; Arizona, 57 percent; Georgia,
3 55 percent. New York's maximum benefit, which
4 hasn't changed since 1992, puts us at the
5 bottom of the barrel. When you compare the
6 cost of living in this state to the amount we
7 pay in workers' compensation, it is the worst
8 in the country.
9 We can't adjourn this session
10 without dealing with this issue. We did last
11 year raise the minimum wage, which resulted in
12 immediate benefit to millions of New Yorkers.
13 This year let's change the workers'
14 compensation and disability system. It is
15 lower than any of the neighboring states. And
16 quite frankly, as both a matter of economic
17 policy and a matter of morality, it's an
18 obscenely low amount.
19 This is a high priority for the
20 state AFL-CIO. It is a high priority for many
21 members of the clergy in this state. And as
22 we did with the minimum wage, it's time to
23 make a change.
24 We haven't changed it since 1992.
25 Let's address it this year. I urge everyone
Candyco Transcription Service, Inc.
(518) 371-8910
1580
1 to support this motion, bring this bill to the
2 floor. Let's change the workers' compensation
3 and disability laws this year and send a
4 message that New York State is not attempting
5 to grow businesses on the backs of disabled
6 workers. That is a travesty.
7 And if you put money into these
8 people's pockets, I assure you, it's all spent
9 right here in New York, so it's good for the
10 economy as well.
11 Thank you, Mr. President. I urge
12 everyone to vote yes.
13 ACTING PRESIDENT ROBACH: All
14 those Senators in favor of the petition please
15 signify by raising your hands.
16 THE SECRETARY: Those recorded in
17 agreement are Senators Andrews, Breslin,
18 Brown, Diaz, Dilan, Duane, Gonzalez,
19 Hassell-Thompson, Klein, L. Krueger,
20 C. Kruger, Montgomery, Onorato, Oppenheimer,
21 Parker, Paterson, Sabini, Sampson, Savino,
22 Schneiderman, Serrano, A. Smith, M. Smith,
23 Stachowski, Stavisky and Valesky.
24 ACTING PRESIDENT ROBACH: The
25 petition is not agreed to.
Candyco Transcription Service, Inc.
(518) 371-8910
1581
1 Senator Skelos.
2 SENATOR SKELOS: Thank you, Mr.
3 President. There will be a conference of the
4 Majority tomorrow at 10:00 a.m.
5 And there being no further business
6 to come before the Senate, I move we stand
7 adjourned until Thursday, March 31st, at
8 11:00 a.m.
9 ACTING PRESIDENT ROBACH: On
10 motion, the Senate stands adjourned until
11 11:00 a.m. Thursday, March 31st.
12 There will be a Majority conference
13 tomorrow at 10:00 a.m., and session will start
14 at 11:00 a.m.
15 (Whereupon, at 3:56 p.m., the
16 Senate adjourned.)
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910