Regular Session - March 29, 2006
1711
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 29, 2006
11 12:19 p.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
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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 28, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 27,
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.
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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 there are three resolutions at the desk --
10 4308, 4309, and 4310 -- by Senator Saland.
11 Could we have the titles read and move for
12 their immediate adoption, please.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: By Senator
16 Saland, Legislative Resolution Number 4308,
17 honoring Karen T. Hansen upon the occasion of
18 her designation for special recognition by the
19 Dutchess-Ulster Division of the American Heart
20 Association.
21 By Senator Saland, Legislative
22 Resolution Number 4309, honoring Lewis C.
23 Kirschner upon the occasion of his designation
24 for special recognition by the Dutchess-Ulster
25 Division of the American Heart Association.
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1 And by Senator Saland, Legislative
2 Resolution Number 4310, commending outgoing
3 president Eugene Browning upon the occasion of
4 his designation for special recognition after
5 many years of dedicated service to the
6 Columbia County Volunteer Firefighters
7 Association.
8 THE PRESIDENT: All in favor of
9 the resolutions please signify by saying aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The resolutions
14 are all adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Madam President,
17 if we could go to the noncontroversial reading
18 of the calendar.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 536, by Senator Meier, Senate Print 2313, an
23 act to amend General Municipal Law, in
24 relation to allowing school districts.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 52.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 538, by Senator Maziarz, Senate Print 3691, an
11 act to amend the Real Property Tax Law, in
12 relation to small claims.
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.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 540, by Senator Trunzo, Senate Print 4140, an
24 act authorizing the assessor of the Town of
25 Islip to accept an application.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
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
11 551, by Senator LaValle, Senate Print 4333B,
12 an act to amend the Education Law, in relation
13 to establishing.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 54.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 566, by Senator Volker, Senate Print 3908, an
25 act to amend the Criminal Procedure Law, in
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1 relation to disclosure.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 54.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 567, by Senator Volker --
13 SENATOR SKELOS: Lay it aside
14 temporarily.
15 THE PRESIDENT: The bill is laid
16 aside temporarily.
17 THE SECRETARY: Calendar Number
18 604, by Senator Johnson, Senate Print 5281, an
19 act to amend the Public Authorities Law, in
20 relation to expanding.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 56.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 606, by Senator Meier, Senate Print 5738, an
7 act to amend the Public Authorities Law, in
8 relation to authorizing the Town of Annsville,
9 County of Oneida.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 56.
17 THE PRESIDENT: The bill is
18 passed.
19 Senator Skelos, that completes the
20 reading of the noncontroversial calendar.
21 SENATOR SKELOS: Well, we have
22 one more bill that we will be taking up
23 noncontroversial when Senator Montgomery, I
24 believe, arrives.
25 So if we could just stand at ease
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1 temporarily.
2 THE PRESIDENT: The Senate stands
3 at ease.
4 SENATOR SKELOS: Madam President,
5 actually, if I could call the meeting of the
6 Finance Committee in the Majority Conference
7 Room.
8 THE PRESIDENT: There will be an
9 immediate meeting of the Finance Committee in
10 the Majority Conference Room.
11 The Senate stands at ease.
12 (Whereupon, the Senate stood at
13 ease at 12:25 p.m.)
14 (Whereupon, the Senate reconvened
15 at 12:43 p.m.)
16 ACTING PRESIDENT MORAHAN:
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 would you please, on the noncontroversial
20 calendar, call up Calendar Number 567, by
21 Senator Volker.
22 ACTING PRESIDENT MORAHAN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 567, by Senator Volker, Senate Print 3909, an
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1 act to amend the Criminal Procedure Law.
2 ACTING PRESIDENT MORAHAN: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MORAHAN: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58. Nays,
10 2. Senators Duane and Montgomery recorded in
11 the negative.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 That completes the reading of the
15 calendar, Senator Skelos.
16 THE SECRETARY: In relation to
17 Calendar Number 567, also Senator Andrews and
18 Senator Parker in the negative. Ayes, 56.
19 Nays, 4.
20 ACTING PRESIDENT MORAHAN: The
21 bill is passed.
22 Senator Skelos, that completes the
23 reading of the calendar.
24 SENATOR SKELOS: Thank you, Mr.
25 President.
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1 If we could return to reports of
2 standing committees, I believe there's a
3 report of the Finance Committee at the desk.
4 ACTING PRESIDENT MORAHAN: The
5 Secretary will read.
6 THE SECRETARY: Senator Johnson,
7 from the Committee on Finance, reports the
8 following nominations.
9 As a member and chairman of the
10 Niagara Frontier Transportation Authority,
11 Gregory Stamm, Esquire, of Williamsville.
12 ACTING PRESIDENT MORAHAN:
13 Senator Coppola.
14 SENATOR COPPOLA: Thank you, Mr.
15 President.
16 I rise in support of Mr. Stamm's
17 nomination to the NFTA. The NFTA has a
18 tremendous amount of operations within my
19 district, specifically in the city of Buffalo.
20 And I support his nomination because over the
21 past couple of weeks we've had a lot of
22 conversations with regard to issues relating
23 to the NFTA and the city of Buffalo and some
24 of the ongoings there that have caused major
25 frustration within the city of Buffalo in
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1 their relations with the NFTA.
2 He is very open to some issues that
3 I've talked to him about, possibly some
4 changes in the way that they operate and
5 dispose of real property.
6 So I would like to have my comments
7 reflect my support of Mr. Stamm and his new
8 leadership in the NFTA, and I hope he brings
9 it far into the future with regard to a public
10 authority having more dialogue and having the
11 public's interest at heart when it comes to
12 their operations not only within the city of
13 Buffalo but in Western New York.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MORAHAN: Thank
16 you, Senator.
17 Senator Volker.
18 SENATOR VOLKER: Just quickly.
19 Greg's not here, but I do want to say that
20 he's a close personal friend. He is the
21 counsel right now to the Erie County Control
22 Board. Obviously he's going to have to give
23 that up.
24 But he's a great gentleman, a great
25 lawyer, a good friend. Well, he doesn't live
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1 in my district, he lives in Mary Lou Rath's
2 district. But he, I believe, will be the best
3 chairman of the NFTA that we've had.
4 And it's good because we have a
5 problem in Erie County with law enforcement,
6 with the tremendous decline in the number of
7 police officers. And people forget that the
8 NFTA is the operation that runs our homeland
9 security mechanism.
10 And I'm sure Greg Stamm will do a
11 fine job.
12 ACTING PRESIDENT MORAHAN: Thank
13 you, Senator.
14 Senator Stachowski.
15 SENATOR STACHOWSKI: Mr.
16 President, I too rise to second the nomination
17 of Mr. Stamm.
18 I happen to know Mr. Stamm since my
19 days in the county legislature. And he's had
20 a great deal of government experience in
21 different capacities. And I think he'll bring
22 that experience plus the knowledge of how,
23 when we deal with him, he understands what our
24 position is, that he will be more open and at
25 least responsive. Whether it's a yes or a no
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1 to the question you ask, at least he'll get
2 back to you. Which is going to be a great
3 change from some of the people that have been
4 in the NFTA in the past.
5 So I think it's a great nomination.
6 He'll do a great job. And I'm glad to second
7 the nomination of my friend Greg Stamm.
8 ACTING PRESIDENT MORAHAN: Thank
9 you, Senator.
10 Senator Rath.
11 SENATOR RATH: Yes, Mr.
12 President, it gives me great pleasure to stand
13 up and second the nomination of one of my
14 constituents, Mr. Greg Stamm, who I have known
15 and worked with for almost 30 years in various
16 capacities.
17 Greg has had a long and
18 distinguished career as an attorney. But more
19 than that, he has had a long and distinguished
20 career as a civic and community volunteer and
21 activist.
22 So to have him as the chairman of
23 the NFTA, at the time when the city of Buffalo
24 and the community throughout Western New York
25 is going to have dramatic changes in relation
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1 to the waterfront areas, which are presently
2 owned by the Niagara Frontier Transportation
3 Authority, about to change into different
4 ownership, with a rebirth of the Western
5 New York waterfront that will be second to
6 nothing, anything that's happened in the last
7 75 to 100 years along that waterfront -- and
8 to have him there directing and overseeing and
9 participating in working that through, it's
10 thrilling for me and I think it's an insurance
11 for all of us that we will have someone who is
12 deeply interested in and committed to our
13 community and to the furtherance of the
14 activities along the waterfront as well as the
15 transportation issues.
16 Which, by the way, a secondary
17 issue relating to air transit. As we know,
18 the base in Niagara Falls was saved from
19 closing last year, and it's one of the longest
20 runways in the East. And it's also operated
21 by the Niagara Frontier Transportation
22 Authority, in conjunction with the military.
23 And that will also open up new avenues for
24 increased economic development activity
25 throughout Western New York.
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1 And to have Greg Stamm there in the
2 lead on all of these activities I think is
3 something we will all be proud of.
4 Thank you.
5 ACTING PRESIDENT MORAHAN: Thank
6 you, Senator.
7 Senator Maziarz.
8 SENATOR MAZIARZ: Thank you very
9 much, Mr. President. I guess I'm batting
10 cleanup here today for Greg Stamm.
11 But I want to join in seconding
12 this nomination. This is an excellent
13 appointment by Governor Pataki. Greg Stamm,
14 I've known him for many, many years. Active
15 in the Western New York community.
16 But he really understands, I think,
17 the unique opportunity that the Niagara
18 Frontier Transportation Authority faces right
19 now with the Buffalo waterfront.
20 And I think Senator Rath mentioned
21 the Niagara Falls Airport, the development
22 around the airport, with all of the available
23 vacant property around that airport, with the
24 runway, with the military base now being
25 secured for a long time into the future, the
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1 real opportunity for job creation, for
2 economic development exists in all of Western
3 New York at the Niagara Falls Airport.
4 Greg Stamm understands that, we've
5 had many conversations, and he plans on going
6 forward with the program for improvement at
7 Niagara Falls. I wholeheartedly second and
8 support this nomination.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MORAHAN: Thank
11 you, Senator.
12 The Secretary will continue to
13 read.
14 THE SECRETARY: As a member of
15 the Port Authority of New York and New Jersey,
16 Henry R. Silverman, of New York City.
17 As a member of the
18 Rochester-Genesee Regional Transportation
19 Authority, Edward W. White, Esquire, of
20 Waterloo.
21 And as a member of the Board of
22 Visitors of the New York State Home for
23 Veterans and Their Dependents at Batavia, Joan
24 F. Staats, of Stafford.
25 ACTING PRESIDENT MORAHAN:
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1 Senator Johnson.
2 SENATOR JOHNSON: Move the
3 nominations.
4 ACTING PRESIDENT MORAHAN: Move
5 that the nominations be moved. All in favor
6 of the nominations say aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT MORAHAN: Nay?
9 (No response.)
10 ACTING PRESIDENT MORAHAN: The
11 nominations are confirmed.
12 The Secretary will read the report
13 of the Finance Committee.
14 THE SECRETARY: Senator Johnson,
15 from the Committee on Finance, restores the
16 following bills to the calendar:
17 Senate Print 6450C, Budget Bill, an
18 act making appropriations for the support of
19 government: Public Protection and General
20 Government Budget;
21 6451A, Senate Budget Bill, an act
22 making appropriations for the support of
23 government: Legislative and Judiciary Budget;
24 6453C, Budget Bill, an act making
25 appropriations for the support of government:
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1 Education, Labor and Family Assistance Budget;
2 6454C, Budget Bill, an act making
3 appropriations for the support of government:
4 Health and Mental Hygiene Budget;
5 6455C, Senate Budget Bill, an act
6 making appropriations for the support of
7 government: Transportation, Economic
8 Development and Environmental Conservation
9 Budget;
10 6456C, Budget Bill, an act to amend
11 the State Finance Law;
12 6457C, Budget Bill, an act to amend
13 the Social Services Law and others;
14 6458C, Budget Bill, an act to amend
15 the Education Law;
16 6459C, Budget Bill, an act to amend
17 the Environmental Conservation Law;
18 6460C, Budget Bill, an act to amend
19 the Tax Law.
20 And Senator Johnson, from the
21 Committee on Finance, reports the following
22 bill to the calendar:
23 Senate Print 7166, by the Senate
24 Committee on Rules, an act in relation to
25 providing for the administration of certain
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1 funds and accounts.
2 All bills ordered direct to third
3 reading.
4 ACTING PRESIDENT MORAHAN:
5 Without objection, all bills are reported to
6 third reading.
7 Senator Bonacic.
8 SENATOR BONACIC: Thank you, Mr.
9 President.
10 Previously I was out of the
11 chambers at a committee meeting, and I would
12 like the record to reflect that on Calendar
13 Number 540, Senate Bill 4140, I would like to
14 have been recorded in the negative.
15 ACTING PRESIDENT MORAHAN: The
16 record will so reflect.
17 SENATOR BONACIC: Thank you.
18 ACTING PRESIDENT MORAHAN:
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President and
21 colleagues, we are going to take up, very,
22 very shortly, what will be the first bill of
23 the budget for this session going into '07.
24 The fact that we are going to start
25 this process now, we should be able to
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1 conclude it, with all the bills properly aged,
2 by this Friday, the 31st. Which will be the
3 second year in a row that we have done an
4 on-time budget.
5 But more important than an on-time
6 budget is a sound budget on behalf of all of
7 the people of this state. And this is a sound
8 budget. Depending on how you count, it's
9 $112.4 billion, half a billion either way.
10 Probably our way.
11 But in it what is critically
12 important is that there are approaching
13 $2 billion in property tax rebates, property
14 tax cuts. And we all have acknowledged, all
15 of us, in both houses and in the executive
16 branch, that the people in New York State are
17 overtaxed, overburdened and need relief. So
18 that is number one.
19 And this package in tax cuts that's
20 in this budget when it's finalized is about
21 $4.1 billion. And you think about it. In all
22 aspects of affecting people's lives, with
23 rebates on property, small business tax cuts
24 to create jobs, retain jobs here in this
25 state.
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1 Child tax credit, children 4 to 17.
2 Parents, refund checks up to $330 per child.
3 The sales tax on clothing $110 and under.
4 That starts because we did not take any action
5 again April 1st. And that is estimated to be
6 worth to the taxpayers of this state over
7 $600 million. Child tax credit, $600 million.
8 So we have done a lot of good
9 things. We have a surplus, thanks to the good
10 management of both houses and the Executive.
11 And at the same time that we do this, we're
12 setting a record on school aid, a
13 billion-three, approaching, in the operating
14 and categorical. And depending on where you
15 are in the city, pushing $9.4 billion in
16 construction availability.
17 A lot of good things. Nursing
18 homes, restorations to hospitals to provide
19 the quality of care. Bottom line, we've done
20 it. And we got there.
21 Now, how did we do it? You have
22 to, in this state, do it by negotiating. And
23 to everyone's credit, there was an intense,
24 intensive negotiation, both houses --
25 Assembly, Senate -- both sides of the aisle in
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1 both houses.
2 And I appreciate, Senator Paterson,
3 your participation in the general conference
4 committee with the other members here, being
5 representative of not just your constituency,
6 in terms of where you get elected, but the
7 entire constituency of this state that you
8 affect.
9 And Senator Paterson made a great
10 contribution many times by being silent at the
11 right time. And I want you to know that I
12 recognize that and appreciate that. Because
13 you know in this business, what's the hardest
14 thing to do? To be silent. Because all of us
15 have so many things to say, and we feel that
16 the whole world is waiting with bated breath
17 to hear every word. Well, got news for you.
18 It's not always the case.
19 Recognizing that, I'm going to sit
20 down.
21 (Laughter.)
22 SENATOR BRUNO: So I want to
23 thank Senator Skelos and Senator Spano,
24 Senator Johnson, who served with us on the
25 general committee, for their good work, being
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1 here through the weekend and doing just the
2 kinds of things that were critically
3 important.
4 Every member in the Legislature can
5 be proud of their participation in this open,
6 public process, which is different than it's
7 ever been in the history of this state.
8 So we can be proud, every single
9 member can be proud. The staff support we
10 had. The budget director, Mary Louise
11 Mallick, and Ken Riddett, handling the
12 counsel's work, got us in print by midnight
13 last night, which was a critical moment.
14 And having been in print with the
15 final versions of the education package and
16 the other things allows us to conclude Friday.
17 And I hope that all of you will, sometime
18 while the sun shines on Friday, be ready to
19 conclude the process and go on our way to meet
20 our constituency with all the good news that
21 is there in this budget.
22 So thank you. Thanks for your
23 support, everybody in this chamber. And I
24 wanted to commend the Speaker for his hard
25 work and diligence, and his conference and the
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1 conference of Assemblyman Tedisco. And the
2 Executive, who has participated in this
3 process by giving us a budget on time,
4 January 17th.
5 And the rest of the process is that
6 we relate, we've been communicating. And over
7 these next 10 to 12 days, there will be
8 further negotiations on some parts of what we
9 are going to tend to that are off-budget of
10 necessity.
11 So thank you, Mr. President, and
12 thank you, colleagues, for a job well done.
13 ACTING PRESIDENT MORAHAN:
14 Senator Paterson.
15 SENATOR PATERSON: Thank you, Mr.
16 President.
17 I'm thinking of a condition I heard
18 once that it is often better to be silent and
19 be thought a fool than to open one's mouth and
20 remove all doubt.
21 (Laughter.)
22 SENATOR PATERSON: But
23 contravening that, I'll just try to thank all
24 of our colleagues who served on the various
25 conference committees and fed their findings
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1 to the general conference committee, where we
2 tried to consider them.
3 And we have returned $805 million
4 this year in property taxes that will be of
5 great resource to many of our citizens
6 upstate, $921 million next year. And as
7 Senator Bruno pointed out, over the two years
8 from now, we will save $4.1 billion in taxes.
9 What was interesting is that the
10 process was more open than it ever was. The
11 discussion about the sales tax and its sunset,
12 and that we felt it should stay that way,
13 saving $585 million for people who purchase
14 clothing items of $110 or less was actually
15 discussed openly and unrehearsed by Senator
16 Bruno and myself yesterday in the general
17 conference committee. And we were able to
18 come to an accord that I think will benefit
19 people all around the state.
20 And so the compliment goes both
21 ways, that this was an issue that meant a lot
22 to us, one that the Senate Democratic
23 conference has fought for for a long period of
24 time, and Senator Bruno led the way among
25 those who heard it. And we tried to do the
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1 same for those who may not live in the
2 geographic perimeters of our district, but are
3 our neighbors, as we are one state and the
4 residents of one state.
5 We in this conference would like to
6 advocate that the process in the future even
7 be more open than it is. And that we'd like
8 to thank the members of this conference,
9 particularly the new members of this
10 conference, like Senator Valesky and Senator
11 Serrano and Senator Savino and Senator Klein,
12 who came to this house based on their advocacy
13 for reform and changing a lot of the rules
14 around here. And in their first term, we have
15 passed two budgets on time -- and, as Senator
16 Bruno pointed out, not only on time, but with
17 some comprehensive change in state policy that
18 we hope will inure to the benefit of people.
19 In New York City education, as
20 Senator Bruno pointed out, we have what is
21 really a $9.4 billion availability for
22 construction for schools and a $4.7 billion
23 award for capital funding, so that --
24 actually, a $1.8 billion award for capital
25 funding. And so after you factor in the
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1 50 percent return to the city based on the new
2 amounts, it should meet the court requirements
3 of $6.5 billion in capital.
4 We are frankly disappointed -- but
5 in all negotiations parties are disappointed.
6 But nonetheless, there's a court decision
7 mandating that $4.7 billion to $5.6 billion be
8 brought in school aid for areas that have
9 previously been disenfranchised by actions
10 taken by the state in negotiating a school
11 formula that was not constitutional. There
12 have been three court rulings on that point
13 already. And it doesn't just involve New York
14 City, it involves a lot of high-needs areas in
15 the rural parts of New York State and in
16 minority communities in Suffolk, Nassau,
17 Syracuse, and Buffalo and other parts of Erie
18 County.
19 And we have got to recognize that
20 just because we have economic problems does
21 not alleviate us of our compliance with a
22 court decision upheld three times in the last
23 five years. And I'm hoping that in the months
24 ahead that we'll all work together, just as we
25 have on this budget, to be in compliance with
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1 that court decision and to make sure that one
2 branch of our government is not ignored by
3 another.
4 We also would like to hope that
5 there is still more that we can do for
6 Medicaid costs all around this state and that
7 would also compel us to reduce property taxes
8 in other areas. So as would be the most
9 hopeful result of a budget negotiation, that
10 there are some areas that we addressed and
11 there are some areas that we still have yet to
12 address.
13 We have to remember that the budget
14 increased at a larger amount than did the cost
15 of living at that particular time, and that
16 gets us into problems with debt. And that we
17 still have increased the debt in this last
18 budget over the $48 billion of debt and
19 $80 billion in ancillary debt that we have in
20 the agencies of this state.
21 There's obviously a greater
22 comprehension that we are going to have to pay
23 to how we spend money when we're spending
24 $5 billion a year just to pay back the debt
25 that we've accrued in the past. We do not
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1 want to sentence not only the next generation
2 but the generation that would follow that to
3 burdens because of our failure to meet
4 deadlines and to establish perimeters to our
5 spending.
6 But what I would say is that we
7 have a great opportunity in the next couple of
8 days to pass an on-time budget for the second
9 time in the 21 years, now, that I will have
10 been a Senator. And it is finally a pleasure
11 to see that as we reach those deadlines, that
12 we work with the spirited pace that we have
13 over the last couple of days.
14 And I want to thank again the
15 Majority Leader and the Speaker, the Governor,
16 and the Minority Leader of the Assembly and
17 all those who served on the committees for
18 proving a point that we tried to make years
19 ago, which is that the more you involve the
20 members of this Legislature in the negotiation
21 of the process, the quicker it can be
22 achieved, the more effectively it can be
23 achieved, and I think in the end the more
24 admirable it is to all of our service.
25 So thank you, Mr. President. And I
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1 hope in the next couple of days that those who
2 are feeling a little differently than perhaps
3 the budget has allowed will get an opportunity
4 to express that in a chamber where we would
5 hopefully dedicate ourselves to the exchange
6 of ideas and not just passing legislation that
7 none of us have had the opportunity to peruse.
8 ACTING PRESIDENT MORAHAN: Thank
9 you, Senator Paterson.
10 SENATOR BRUNO: Mr. President.
11 ACTING PRESIDENT MORAHAN:
12 Senator Bruno.
13 SENATOR BRUNO: Can we at this
14 time call up Calendar Number 492.
15 ACTING PRESIDENT MORAHAN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 492, Senate Budget Bill, Senate Print 6450C,
19 an act making appropriations for the support
20 of government.
21 SENATOR PATERSON: Explanation.
22 ACTING PRESIDENT MORAHAN:
23 Senator Johnson, an explanation has been
24 requested.
25 SENATOR JOHNSON: Yes, Mr.
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1 President.
2 This bill is really dealing with
3 the public protection and general government.
4 In the general government part, we deal with
5 the Division of the Budget, the Governor's
6 office, Lieutenant Governor's, Consumer
7 Protection Board, Department of Civil Service,
8 Capital Defender's Office, Crime Victims
9 Board, Homeland Security, Public Employees
10 Relations Board, et cetera.
11 And in addition to that, of course,
12 we deal with aid to local governments. And
13 there's a lot of state assistance here to
14 local governments in this bill as well. And
15 it deals with cities, towns, villages outside
16 New York City; New York City itself; disaster
17 money for New York City.
18 A very comprehensive bill, and I'm
19 sure everyone would love to support it.
20 Thank you.
21 ACTING PRESIDENT MORAHAN: Thank
22 you, Senator.
23 Any Senator wishing to be heard?
24 Ring the bell. We're on the
25 controversial calendar.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MORAHAN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MORAHAN:
8 Announce the results.
9 THE SECRETARY: Ayes, 60. Nays,
10 1. Senator Parker recorded in the negative.
11 ACTING PRESIDENT MORAHAN:
12 Senator Parker.
13 SENATOR PARKER: To explain my
14 vote, Mr. Chairman.
15 Mr. Chairman, first let me just
16 congratulate all the members of the
17 Legislature for -- you know, for our second
18 year in a row of passing -- you know, going
19 through the process of passing an on-time
20 budget. It took a great deal of, I think,
21 cooperation amongst people in both houses, on
22 both sides of the aisle. Clearly we did a lot
23 of great things for the people of the State of
24 New York.
25 However, we still have not dealt
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1 with the issue that is very, very pressing for
2 my constituents, which is dealing with the
3 Campaign for Fiscal Equity lawsuit. I know we
4 attempted to do that, but, you know, I think
5 that this budget is out of whack in that
6 concern.
7 I'm voting no not because I
8 disagree with everything in this part of the
9 budget, but we certainly cannot pass a
10 balanced budget without having dealt with CFE
11 in a very serious manner.
12 So I again congratulate everybody.
13 I hope that we're able to come back and do
14 something significant for CFE as it relates to
15 operational dollars. But at this time I vote
16 no.
17 ACTING PRESIDENT MORAHAN:
18 Senator Parker will be recorded in the
19 negative.
20 The bill is passed.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President,
23 can we at this time take up Calendar Number
24 498.
25 ACTING PRESIDENT MORAHAN: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 498, Senate Budget Bill, Senate Print 6456C,
4 an act to amend the State Finance Law.
5 SENATOR SCHNEIDERMAN:
6 Explanation.
7 ACTING PRESIDENT MORAHAN:
8 Senator Johnson, an explanation has been
9 requested.
10 SENATOR JOHNSON: Mr. President,
11 this is the Article VII bill, the so-called
12 language bill which implements the
13 appropriations made in 6450C.
14 ACTING PRESIDENT MORAHAN: Does
15 any other member wish to be heard?
16 Then the debate is closed.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MORAHAN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MORAHAN:
24 Announce the results.
25 THE SECRETARY: Ayes, 60. Nays,
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1 1. Senator Parker recorded in the negative.
2 ACTING PRESIDENT MORAHAN: The
3 bill is passed.
4 Senator Bruno.
5 SENATOR BRUNO: Mr. President, is
6 there any other business at the desk to come
7 before the Senate at this time?
8 ACTING PRESIDENT MORAHAN: There
9 is no other business at the desk, Senator.
10 SENATOR BRUNO: Can we recognize
11 Senator Gonzalez at this time, Mr. President.
12 ACTING PRESIDENT MORAHAN:
13 Senator Gonzalez.
14 SENATOR GONZALEZ: Mr. President,
15 there will be a Minority conference tomorrow,
16 Thursday, March 30th, at 10:30 a.m., Room 315.
17 Thank you, Mr. President.
18 ACTING PRESIDENT MORAHAN: There
19 will be a Minority conference tomorrow, 10:30,
20 Room 315.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President,
23 can we at this time recognize Senator Breslin
24 for a motion to put before the house.
25 ACTING PRESIDENT MORAHAN:
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1 Senator Breslin.
2 SENATOR BRESLIN: Mr. President,
3 I believe there's a motion at the desk.
4 ACTING PRESIDENT MORAHAN: The
5 Secretary will read.
6 THE SECRETARY: Senate Print
7 6371, by Senator Breslin, an act to amend the
8 Environmental Conservation Law, the General
9 Municipal Law, and the Tax Law.
10 ACTING PRESIDENT MORAHAN:
11 Senator Breslin.
12 SENATOR BRESLIN: Mr. President,
13 across this state we are having a difficult
14 time preserving land for habitats, for nature
15 walks --
16 ACTING PRESIDENT MORAHAN: A
17 little order in the house, please.
18 Senator Breslin.
19 SENATOR BRESLIN: -- for
20 farmland, for drinking water. And we have to
21 have something constructive and uniform.
22 This bill would create and pass
23 here and allow a local jurisdiction, a town or
24 a city, to pass, first at their council level
25 and then with a public referendum, the ability
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1 to collect 2 percent off the transfer tax of
2 home transfers.
3 Now, that wouldn't affect
4 first-time homeowners, and it wouldn't affect
5 affordable housing, because it's only
6 2 percent above the median price for that
7 particular home.
8 And it allows the local
9 jurisdiction, before they go to referendum, to
10 create a unit to study various projects that
11 could be part of this process.
12 This would allow us to preserve
13 those lands throughout this state that are
14 being devastated by urbanization on a daily
15 basis. It's estimated that 174 acres a day go
16 to building construction in this state. Over
17 a 15-year period ending in 1997, it was
18 estimated in upstate New York that
19 urbanization increased by over 30 percent,
20 while at the same time population rose only
21 2.6 percent.
22 It's important to have something in
23 place to preserve those scenic areas, to
24 preserve those farmlands, and to preserve our
25 drinking water. And I urge my fellow Senators
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1 on both sides of the aisle to move forward to
2 vote for this.
3 Thank you very much, Mr. President.
4 ACTING PRESIDENT MORAHAN: Thank
5 you, Senator.
6 All those Senators in favor of the
7 petition to move it out of committee will
8 please signify by raising hands.
9 THE SECRETARY: Those recorded in
10 agreement are Senators Andrews, Breslin,
11 Connor, Coppola, Diaz, Dilan, Duane, Gonzalez,
12 Klein, L. Krueger, C. Kruger, Montgomery,
13 Onorato, Oppenheimer, Parker, Paterson,
14 Sabini, Sampson, Savino, Schneiderman,
15 Serrano, A. Smith, M. Smith, Stachowski,
16 Stavisky and Valesky.
17 ACTING PRESIDENT MORAHAN: The
18 petition is not agreed to.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 there being no further business to come before
22 the Senate, I move we stand adjourned until
23 March 30th, which is Thursday, tomorrow, at
24 11:00 a.m.
25 ACTING PRESIDENT MORAHAN: On
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1 motion, the Senate stands adjourned until
2 tomorrow, March 30th, 11:00 a.m.
3 (Whereupon, at 1:20 p.m., the
4 Senate adjourned.)
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