Regular Session - March 30, 2006

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 30, 2006

        11                      11:14 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


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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:    With us again

        10       this morning to give the invocation is the

        11       Reverend Peter G. Young, from Blessed

        12       Sacrament Church in Bolton Landing, New York.

        13                  REVEREND YOUNG:    Let us pray.

        14                  As we hear in today's news of 23

        15       straight days of rain in San Francisco, we

        16       know that You have blessed New York State in

        17       Your rewarding spring sunshine.

        18                  As the Empire State, we are blessed

        19       in many ways with heroic leadership that

        20       pioneered our country's founding with the

        21       victory at Saratoga, and we continue today

        22       with our Senators in this battle of the budget

        23       to create innovative efforts for New York

        24       State's quality of life.

        25                  May the bright sunshine that we


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         1       enjoy be a symbol of what is in the stained

         2       glass above this podium as our commitment of

         3       dedication, as in the state seal that pictures

         4       the rising sun that blesses all those created

         5       in Your image.  We pray for all of those in

         6       New York State, the citizens with its family

         7       and love, for the lady of liberty and the lady

         8       of justice that are there next to this rising

         9       sun.

        10                  We pray that we will be people of

        11       this kind of nation, people of this kind of

        12       seal, people of this kind of commitment.  We

        13       ask You this in Your name.

        14                  Amen.

        15                  THE PRESIDENT:    Reading of the

        16       Journal.

        17                  THE SECRETARY:    In Senate,

        18       Wednesday, March 29, the Senate met pursuant

        19       to adjournment.  The Journal of Tuesday,

        20       March 28, was read and approved.  On motion,

        21       Senate adjourned.

        22                  THE PRESIDENT:    Without

        23       objection, the Journal stands approved as

        24       read.

        25                  Presentation of petitions.


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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Bruno.

         9                  SENATOR BRUNO:    Madam President,

        10       I believe there is a resolution at the desk by

        11       Senator Leibell.  I ask that the title be read

        12       and move for its immediate adoption.

        13                  THE PRESIDENT:    The Secretary

        14       will read.

        15                  THE SECRETARY:    By Senators

        16       Leibell and Farley, Legislative Resolution

        17       Number 4319, memorializing Governor George E.

        18       Pataki to proclaim the week of April 2, 2006,

        19       as Friends of the Library Week in the State of

        20       New York.

        21                  ACTING PRESIDENT MORAHAN:    On the

        22       resolution, all in favor signify by saying

        23       aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT MORAHAN:    Nay?


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         1                  (No response.)

         2                  ACTING PRESIDENT MORAHAN:    The

         3       resolution is adopted.

         4                  SENATOR BRUNO:    Mr. President.

         5                  ACTING PRESIDENT MORAHAN:

         6       Senator Bruno.

         7                  SENATOR BRUNO:    Can we at this

         8       time take up the noncontroversial reading of

         9       the calendar.

        10                  ACTING PRESIDENT MORAHAN:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       166, by Senator Padavan, Senate Print 1788, an

        14       act to amend the Agriculture and Markets Law,

        15       in relation to prohibiting.

        16                  ACTING PRESIDENT MORAHAN:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 120th day.

        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, 49.


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         1                  ACTING PRESIDENT MORAHAN:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       437, by Senator Marchi, Senate Print 1417A, an

         5       act to amend the Judiciary Law and the

         6       Education Law, in relation to creating the

         7       13th Judicial District.

         8                  ACTING PRESIDENT MORAHAN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT MORAHAN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT MORAHAN:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 49.

        18                  ACTING PRESIDENT MORAHAN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       497, Senate Budget Bill, Senate Print --

        22                  SENATOR SCHNEIDERMAN:    Lay it

        23       aside.

        24                  ACTING PRESIDENT MORAHAN:    The

        25       bill is laid aside.


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         1                  THE SECRETARY:    Calendar Number

         2       501 --

         3                  SENATOR SCHNEIDERMAN:    Lay it

         4       aside.

         5                  ACTING PRESIDENT MORAHAN:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       541, by Senator Marcellino, Senate Print 5913,

         9       an act authorizing the assessor of the County

        10       of Nassau.

        11                  ACTING PRESIDENT MORAHAN:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MORAHAN:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT MORAHAN:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 48.  Nays,

        21       1.  Senator Bonacic recorded in the negative.

        22                  ACTING PRESIDENT MORAHAN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       570, by Senator Volker, Senate Print 4023, an


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         1       act to amend the Criminal Procedure Law and

         2       the Family Court Act, in relation to delivery.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT MORAHAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT MORAHAN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 49.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       571, by Senator Volker, Senate Print 4121, an

        17       act to amend the Civil Practice Law and Rules,

        18       in relation to admissibility.

        19                  ACTING PRESIDENT MORAHAN:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MORAHAN:    Call

        24       the roll.

        25                  (The Secretary called the roll.)


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         1                  ACTING PRESIDENT MORAHAN:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 49.

         4                  ACTING PRESIDENT MORAHAN:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       612, by Senator Maziarz, Senate Print 7088, an

         8       act to amend the Labor Law, in relation to

         9       directing.

        10                  ACTING PRESIDENT MORAHAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MORAHAN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MORAHAN:

        18       Announce the results.

        19                  THE SECRETARY:    Ayes, 49.

        20                  ACTING PRESIDENT MORAHAN:    The

        21       bill is passed.

        22                  Senator Bruno, that completes the

        23       noncontroversial reading of the calendar.

        24                  SENATOR BRUNO:    Mr. President,

        25       can we at this time take up the controversial


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         1       reading of the calendar.

         2                  ACTING PRESIDENT MORAHAN:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       497, Senate Budget Bill, Senate Print 6455C,

         6       an act making appropriations for the support

         7       of government:  Transportation, Economic

         8       Development and Environmental Conservation

         9       Budget.

        10                  SENATOR SCHNEIDERMAN:

        11       Explanation.

        12                  ACTING PRESIDENT MORAHAN:

        13       Senator Johnson, an explanation has been

        14       requested.

        15                  SENATOR JOHNSON:    This is the

        16       appropriations bill for transportation,

        17       economic development, and environment.  It

        18       appropriates the funds for those agencies.

        19                  And in addition to the Governor's

        20       proposal, it includes $40 million in

        21       restorations and additions to agriculture and

        22       tourism-related programs; an additional

        23       $20 million for highway improvement funds,

        24       CHIPS and Marchiselli; $25 million for

        25       statewide economic development programs; and a


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         1       $400 million increase in transit operating

         2       assistance.

         3                  ACTING PRESIDENT MORAHAN:

         4       Senator Krueger.

         5                  SENATOR LIZ KRUEGER:    Thank you.

         6       If the sponsor would please yield to some

         7       questions.

         8                  ACTING PRESIDENT MORAHAN:

         9       Senator Johnson, will you yield for a

        10       question?

        11                  SENATOR JOHNSON:    Yes, Mr.

        12       President.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       Senator yields.

        15                  SENATOR LIZ KRUEGER:    Thank you.

        16                  Senator Johnson, on page 589 of

        17       this bill there's a list -- it starts on

        18       page 589 and actually goes through page 614 --

        19       there's a series of reappropriations that

        20       would go through memorandums of understanding.

        21       And when I add them up, they add up to about

        22       $2.3 billion, with a billion, of state money

        23       that we reappropriated.  Some of these go back

        24       as far as the year 1999.

        25                  Why are we continuing to


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         1       reappropriate monies for which memorandums of

         2       understanding have never been resolved or made

         3       public?  And if we didn't need that money in

         4       '99 or 2000 or 2001 or 2002, 2003, 2004, 2005,

         5       why do we continue to use taxpayers' dollars

         6       or appropriate taxpayers' dollars for all of

         7       these different memorandums of understanding

         8       projects?

         9                  SENATOR JOHNSON:    Are you done

        10       with your question?

        11                  SENATOR LIZ KRUEGER:    That was

        12       the question, sir.

        13                  SENATOR JOHNSON:    Oh, okay.  That

        14       was quite a compendious question, yes.

        15                  In any event, there's a simple

        16       answer.  We're reappropriating the money that

        17       was appropriated previously for the highway

        18       and bridge fund.  That's the $300 million.

        19                  SENATOR LIZ KRUEGER:    Mr.

        20       President, if, through you, the sponsor will

        21       continue to yield.

        22                  ACTING PRESIDENT MORAHAN:

        23       Senator Johnson, will you continue to yield?

        24                  SENATOR JOHNSON:    Yes, Mr.

        25       President.


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         1                  ACTING PRESIDENT MORAHAN:    The

         2       Senator yields.

         3                  SENATOR LIZ KRUEGER:    It's not

         4       clear to me that any of this is specific to

         5       the highway and bridge fund.  I'm not sure

         6       that was -- that might be one of the items.

         7                  But, for example -- sorry, just

         8       turning to any specific item -- there's a

         9       $75 million reappropriation for economic

        10       development purposes through something called

        11       the CCC program.  That's on page 592.  There's

        12       $90 million reapproped for regional

        13       development programs.  That's on the bottom of

        14       that page.  There's $225 million reapproped

        15       through the Strategic Investment Program on

        16       page 608.  There's $350 million reapproped

        17       through CCP from 2004 dollars.  That's on

        18       page 610.  There's $600 million reapproped on

        19       page 611 for reappropriation capital projects

        20       under Community Assistance Program, rebuilding

        21       the Empire State through opportunities in

        22       regional economies and something called the

        23       Empire Opportunity Fund.

        24                  I don't see how any of these have

        25       anything to do with highways.


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         1                  SENATOR JOHNSON:    That's the end

         2       of that question; right?

         3                  SENATOR LIZ KRUEGER:    Yes, sir.

         4                  SENATOR JOHNSON:    Okay.  Thank

         5       you.

         6                  I'd like to commend you for your

         7       zeal and diligence in going through the budget

         8       and discovering reappropriations.  But that

         9       old money must be reappropriated if we're

        10       going to continue to spend it for the purposes

        11       for which it was intended.

        12                  SENATOR LIZ KRUEGER:    Mr.

        13       President, on the bill.

        14                  ACTING PRESIDENT MORAHAN:

        15       Senator Krueger, on the bill.

        16                  SENATOR LIZ KRUEGER:    Thank you.

        17                  I respect my colleague's answers,

        18       we must reappropriate in order to have the

        19       monies available for the purposes for which

        20       they were originally appropriated.

        21                  My problem is we never told anybody

        22       what we were appropriating these monies for in

        23       the years we first appropriated them.  We

        24       don't tell anybody what the money is for now.

        25       It's not at all apparent that any of these


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         1       monies have been ever appropriated for any

         2       individual function in the State of New York.

         3                  Again, the language is such that

         4       these will go through memorandums of

         5       understanding to be executed by the Governor,

         6       the Temporary President of the Senate, the

         7       Speaker of the Assembly.  Eligible recipients

         8       and purposes are very broadly described,

         9       including they can be appropriated through any

        10       department, agency, or public authority.  I

        11       don't believe there are memorandums of

        12       understanding that have been signed for these

        13       dollars -- although it would be nice to know,

        14       wouldn't it?

        15                  But again, if years later we still

        16       have monies that we reappropriate that are

        17       technically monies of the people of the State

        18       of New York that we could and should be using

        19       for specific purposes -- and probably all of

        20       us in this room have ideas of how we would

        21       prioritize those purposes.  And we might

        22       disagree, but we'd at least know what we were

        23       appropriating the people's money for, or in

        24       this case to the tune of about $2.3 billion.

        25                  We are reappropriating MOUs from


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         1       previous years.  We are talking about

         2       borrowing enormous amounts of money in this

         3       year's budget.  We are talking about giving

         4       tax cuts at the same time as borrowing money.

         5       No doubt tomorrow we will debate whether or

         6       not we have met our obligations to the

         7       schoolchildren of the State of New York.

         8                  I can find no justification at this

         9       point in history to reappropriate over

        10       $2 billion in unexplained dollars from

        11       previous years for MOU purposes.  And so I'll

        12       be voting against this bill, because I think

        13       it is completely unacceptable and

        14       unjustifiable and we should not be allowed to

        15       continue to operate financially in this

        16       manner.

        17                  Thank you very much, Mr. President.

        18                  ACTING PRESIDENT MORAHAN:    Thank

        19       you.

        20                  Senator Connor.

        21                  SENATOR CONNOR:    Thank you, Mr.

        22       President.

        23                  Would Senator Johnson yield for a

        24       question, please?

        25                  ACTING PRESIDENT MORAHAN:


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         1       Senator Johnson, do you yield for a question?

         2                  SENATOR JOHNSON:    Yes, Mr.

         3       President.

         4                  ACTING PRESIDENT MORAHAN:    The

         5       Senator yields.

         6                  SENATOR CONNOR:    Thank you, Mr.

         7       President.

         8                  Senator Krueger has just pointed

         9       out, made reference to about $2 billion in

        10       reappropriations.  My question is, of that

        11       $2 billion, how much money is contained in the

        12       state fiscal plan and therefore will be spent

        13       this year of that $2 billion?

        14                  SENATOR JOHNSON:    We don't have

        15       an exact figure.  It could be as much as

        16       $25 million.

        17                  SENATOR CONNOR:    Twenty-five

        18       million.  So we're actually talking about

        19       $25 million in expenditures in our

        20       $112 billion budget; is that correct, Senator?

        21                  SENATOR JOHNSON:    I'm sorry, did

        22       you ask a second question?

        23                  SENATOR CONNOR:    I said so we're

        24       actually only going to spend $25 million, so

        25       that $2 billion really isn't part of the


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         1       $112 billion budget we read about in the

         2       newspaper?

         3                  SENATOR JOHNSON:    You're right,

         4       it all depends upon the progress of the

         5       capital projects to which that money is

         6       appropriated.

         7                  SENATOR CONNOR:    I understand,

         8       Senator.  Thank you.

         9                  ACTING PRESIDENT MORAHAN:

        10       Senator Schneiderman.

        11                  SENATOR SCHNEIDERMAN:    Thank you,

        12       Mr. President.  On the bill.

        13                  ACTING PRESIDENT MORAHAN:

        14       Senator Schneiderman, on the bill.

        15                  SENATOR SCHNEIDERMAN:    I would

        16       urge my colleagues that we are -- the comments

        17       made earlier by Senator Krueger and Senator

        18       Connor are calling attention to something that

        19       we're not going to be able to belabor here

        20       today, but we're just scratching the surface

        21       in this discussion of the dysfunctional nature

        22       of New York State's economic development

        23       programs.

        24                  There are some very good things in

        25       this bill, because it also includes


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         1       environmental and other matters.  But I have

         2       to say that since I've been in the Senate, it

         3       has been remarkable for me to watch failed

         4       economic development programs pass every year,

         5       year after year.  Essentially, the Governor

         6       appropriates twice what is spent, and then we

         7       keep reappropriating it.

         8                  We're operating through memoranda

         9       of understanding in a way that lacks

        10       transparency and accountability.  Our Empire

        11       Zone program doesn't provide the tracking so

        12       we even know if the money is being spent to

        13       produce the jobs that are being promised.

        14                  And in many cases we know we're

        15       pouring money down the drain, that the people

        16       in depressed parts of the state, in Central

        17       and Western New York and parts of the city,

        18       who are counting on our economic development

        19       programs to stimulate jobs, are not getting

        20       what the money supposed to be spent for.

        21       We're not spending the money on enterprises

        22       that create jobs, we're spending money in many

        23       cases for firms that do not deliver the jobs

        24       that are promised, and we continually

        25       reappropriate mystery funds that never get to


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         1       their target, which is to create jobs for the

         2       people of this state.

         3                  You know, there was a debate not so

         4       long along about whether Central and Western

         5       New York is -- it was a slur to refer to it

         6       and say some parts of it look like Appalachia.

         7       Well, if you look at the numbers, Appalachia

         8       is doing better than a lot of parts of

         9       New York State.  And they have growth in a lot

        10       of regions and a lot of parts of Appalachia.

        11                  I would say that we have failed in

        12       our efforts to revive the economies of Central

        13       and Western New York, we have failed in many

        14       parts of downstate New York.  And I am

        15       constrained to vote against this bill because

        16       of the lack of transparency and the lack of

        17       effectiveness of our economic development

        18       programs.

        19                  Thank you, Mr. President.

        20                  ACTING PRESIDENT MORAHAN:    Thank

        21       you, Senator.

        22                  Any other Senator wish to be heard?

        23                  Senator Bruno, to close.

        24                  SENATOR BRUNO:    Mr. President and

        25       colleagues, I am absolutely amazed to hear the


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         1       observations and comments about economic

         2       development and lack of.

         3                  We had a package in the budget that

         4       most of you supported that was $3.5 billion in

         5       help for small businesses in this state.

         6       Sixty-four percent of all of the people in

         7       this state are employed by small businesses.

         8       Ninety-two percent of the new jobs are created

         9       by small businesses.

        10                  You know what?  We couldn't get it

        11       passed in the Assembly.  Your colleagues would

        12       not step up and pass that package of bills --

        13       to do what?  To create jobs.  To retain jobs.

        14       That's what that package was for.

        15                  Now, you supported that here.  And

        16       I'm amazed to hear that we would now be

        17       talking about the lack of.  We didn't have a

        18       lack of anything.  We did the right things for

        19       the people of this state.

        20                  And, Senator, let me share.  You're

        21       right.  You go across Buffalo, Rochester,

        22       Syracuse, there are pockets of poverty.  Eliot

        23       Spitzer was absolutely right -- not, maybe, in

        24       his description in using the adjective

        25       "Appalachia."  But there's poverty, real


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         1       poverty.  And how do you get at it?  You get

         2       at it by jobs, putting people to work,

         3       attracting jobs.  And how do you do that?  By

         4       creating incentives.  That's what that package

         5       was all about.

         6                  Now, we did a lot.  We did a lot.

         7       But we should be doing a lot more.  And we in

         8       this house were willing to do that, as

         9       evidenced by the support here, on both sides

        10       of the aisle, for our program.

        11                  So I only get up, Mr. President,

        12       because I'm amazed to hear the discussion that

        13       we haven't done enough.  You're absolutely

        14       right, we have not done enough.  And you tell

        15       me how we get more done in the Assembly.  You

        16       tell me how, and we're there.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT MORAHAN:    Thank

        19       you, Senator Bruno.

        20                  Ring the bell.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MORAHAN:    Call

        25       the roll.


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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT MORAHAN:

         3       Senator Balboni, to explain his vote.

         4                  SENATOR BALBONI:    Included in

         5       here, Mr. President, is a provision that

         6       relates to the MTA and their ability to do

         7       capital programs.  This is absolutely crucial

         8       for the thousands and thousands of commuters

         9       every day that travel into the City of

        10       New York from Long Island and Westchester and

        11       the surrounding communities.  It's crucial to

        12       things like East Side access and all of the

        13       different programs that we've been working on.

        14                  And two things I want to point out.

        15       The first is that Senator Dean Skelos has been

        16       a tremendous leader on this issue and has been

        17       the driving force in the MTA capital program.

        18                  And secondly, the other thing we've

        19       done here is we've finally eliminated that

        20       pesky little E-ZPass $1 surcharge.  That's

        21       gone as a result of passing this bill.  So

        22       that's a neat little thing.

        23                  So we can look forward to the

        24       capital plan increasing and the security

        25       system getting better and the use of the


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         1       system increasing.  We can also look forward

         2       to this little pesky fee being eliminated.

         3                  Thank you, Mr. President.  I vote

         4       aye.

         5                  ACTING PRESIDENT MORAHAN:    Thank

         6       you, Senator Balboni.

         7                  Senator Libous, to explain his

         8       vote.

         9                  SENATOR LIBOUS:    I just want to

        10       comment on the transportation portion of this

        11       budget.  And certainly I want to thank Senator

        12       Balboni for bringing that to the attention of

        13       the committee, because that was a very

        14       important issue that he just discussed, and

        15       the committee was glad to eliminate that

        16       surcharge.

        17                  But even more than that, what's

        18       more effective in this budget is the fact that

        19       for the first time in over seven years that

        20       the letting levels to do improvement projects

        21       has increased to $1.8 billion.  We have

        22       provided for the first time an additional

        23       increase in CHIPS over and above what we did

        24       in the bond act last year, an additional

        25       $20 million.


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         1                  Why is that important?  Because at

         2       a time when our roads and bridges for our

         3       local towns and municipalities need so much

         4       work, and while property taxes continue to

         5       rise at the local level, this is going to help

         6       put a lid on that and help to improve the

         7       roads and bridges.

         8                  We certainly are, for the first

         9       time, in the dedicated highway trust fund --

        10       the operations of the Department of Motor

        11       Vehicles are run out of the dedicated highway

        12       trust fund to the tune of about $190 million.

        13       That's ridiculous.  The dedicated highway

        14       trust fund is supposed to go into running --

        15       providing for roads and bridges, running the

        16       MTA and providing for those services.  There's

        17       absolutely no reason and no excuse that we

        18       should be providing services such as running

        19       the Department of Motor Vehicles out of this

        20       fund.

        21                  The Senate wanted very badly to

        22       move that all out over five years.  We can

        23       only conclude, because the Assembly rejected

        24       it and would only do $20 million -- but it's a

        25       first step.  It's a first step.  And


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         1       $20 million will come out of the operation and

         2       go into direct road and bridge resurfacing and

         3       paving, and that's extremely important.

         4                  With the inaction of the bond act

         5       last year, there's plenty of money to do what

         6       we need to do in this year's transportation

         7       budget.  It is one of the best transportation

         8       budgets that we've seen in about seven years.

         9                  ACTING PRESIDENT MORAHAN:    Thank

        10       you, Senator.

        11                  Senator Marcellino.

        12                  SENATOR MARCELLINO:    Yes, Mr.

        13       President.  I'd like to explain my vote.

        14                  I'm going to vote aye for this

        15       budget bill, because in it is the

        16       authorization to raise the level of the EPF

        17       another $50 million to bring it up to a

        18       $200 million threshold.  That is the highest

        19       it's ever been in history.

        20                  I want to acknowledge the fact that

        21       working with my colleagues in this house and

        22       with our Governor, we have increased the EPF a

        23       record of approximately $170 million.  That

        24       EPF is the engine that drives the

        25       environmental cleanup of our land, our water,


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         1       the preservation of open space, and just about

         2       everything else that we do in the

         3       environmental area.

         4                  It is monumentally important, and

         5       this is a great achievement.  And this bill

         6       contains that authorization.  I vote aye.

         7                  ACTING PRESIDENT MORAHAN:    Thank

         8       you, Senator Marcellino.

         9                  Senator Parker.

        10                  SENATOR PARKER:    To explain my

        11       vote, Mr. Chairman.

        12                  ACTING PRESIDENT MORAHAN:

        13       Senator Parker, to explain his vote.

        14                  SENATOR PARKER:    Mr. Chairman,

        15       unfortunately I have to vote no on this bill,

        16       as I have yesterday on the two previous bills,

        17       on the same grounds.

        18                  I think we've done a lot of good

        19       things, and I again want to congratulate all

        20       the hard work that I know that went into this

        21       developing this bill.  I'm really torn.  I

        22       mean, you know, we're providing more money for

        23       transportation and for economic development

        24       and for some great things as relates to the

        25       renewable portfolio standard.  And there's


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         1       certainly some great provisions that are going

         2       to be looking at issues regarding minority

         3       contracting in the state, and women- and

         4       minority-owned businesses, that we certainly

         5       ought to be doing.

         6                  However, this entire budget is in

         7       defiance of a court order.  And it's an issue

         8       that we've been dealing with for a long time.

         9       The issue of the Campaign for Fiscal Equity

        10       has not been resolved in this bill.  I know

        11       that there are some plans to do some things

        12       around capital.

        13                  But I cannot in good conscience

        14       vote for a budget bill that in fact does not

        15       provide for the educational needs of my

        16       students.

        17                  There are 1.1 million

        18       schoolchildren today -- today -- in the City

        19       of New York who don't have enough resources,

        20       they don't have become books in their

        21       libraries, they don't have enough certified

        22       teachers, they don't have English language

        23       learning programs, they don't have enough

        24       technology, they don't have after-school

        25       programs, they don't have all of the things --


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         1       you know, music, art, and dance -- as regular

         2       parts of the curriculum so they can develop a

         3       well-rounded education.  They don't have all

         4       the things that young people need in order to

         5       become productive citizens, valuable members

         6       of the labor force, or whole people.

         7                  And so because of that, I am not

         8       voting for this.  I'm voting no.  I think that

         9       we're really missing the boat.  Those who will

        10       make the argument that we're doing a lot for

        11       capital, that the base of the lawsuit was in

        12       fact that we continue to use the traditional

        13       formula for funding education across the

        14       state.

        15                  And actually that is the heart, in

        16       fact, of the disagreement, is that in fact the

        17       formula itself is an unjust, unequal, and

        18       unequitable formula.  We need to change that

        19       formula.  And unfortunately, if we change that

        20       formula, it in fact throws off the entire

        21       budget.

        22                  So I'm in the position where I have

        23       to vote against the entire budget so that we

        24       can go back, renegotiate the budget in a way

        25       that continues to do the good things that


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         1       we're doing but that also accounts for the

         2       real level of funding -- not that I think that

         3       we should have for New York City schools, not

         4       that members of the Legislature think, but in

         5       fact what the courts, what independent

         6       nonprofit organizations have said and what

         7       we've been demanded to do by the courts.

         8                  And I think that we can't go

         9       further unless we do that.  I vote no.

        10                  ACTING PRESIDENT MORAHAN:

        11       Senator Parker will be recorded in the

        12       negative.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Thank you, Mr.

        15       President.

        16                  I rise in support of this

        17       legislation.  And I think one of the most

        18       critical components of it, in terms of a new

        19       initiative -- and I'm delighted that many of

        20       my young constituents from Valley Stream South

        21       High School are here -- is a grant to the

        22       Long Island Hispanic Chamber of Commerce.

        23                  Senator Bruno indicated the

        24       importance of maintaining our small businesses

        25       throughout the state.  And certainly the


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         1       fastest-growing component of small businesses

         2       is within the Hispanic community.

         3                  And this new initiative, this new

         4       investment with the Long Island Chamber of

         5       Commerce -- and I know the nine Senators from

         6       Long Island are all supportive of this -- will

         7       help the small-business owners navigate

         8       through the bureaucracies that may exist and

         9       help establish business models so that their

        10       small businesses can grow and someday be a

        11       larger business and create jobs.

        12                  So I'm delighted to support this

        13       economic development package, Mr. President.

        14                  ACTING PRESIDENT MORAHAN:

        15       Senator Skelos will be recorded in the

        16       affirmative.

        17                  Senator Ada Smith.

        18                  SENATOR ADA SMITH:    Thank you,

        19       Mr. President.

        20                  I attempt to separate apples from

        21       oranges in voting on this budget.  I agree

        22       completely with my colleague Senator Parker

        23       that we have not done enough to fulfill our

        24       obligations under the CFE case.  But this

        25       piece of the budget is not dealing with


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         1       education.

         2                  And I want to acknowledge that

         3       there are a lot of things here that many of us

         4       have been fighting for over the years,

         5       especially for small businesses and for

         6       minority and women businesses, which has been

         7       an emphasis in my platform.

         8                  Therefore, I will be voting for

         9       this budget, in the hopes that we will come

        10       back even after the budget and make the

        11       necessary changes that we need to ensure that

        12       we fulfill our obligations under the law.

        13                  Therefore, I will be voting aye.

        14                  ACTING PRESIDENT MORAHAN:

        15       Senator Flanagan, to explain his vote.

        16                  SENATOR FLANAGAN:    Thank you,

        17       Mr. President.

        18                  A number of the members are

        19       highlighting different sections of this bill.

        20       The point I want to raise in the context of

        21       this legislation is with regard to elections.

        22                  We had worked last year and part of

        23       this year on HAVA and HAVA implementation, but

        24       part of what got lost in the debate was

        25       poll-site accessibility.  We had a lot of


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         1       discussions about having

         2       handicapped-accessible machines, but now for

         3       the first time we have $5 million in the

         4       budget for municipalities to help make sure

         5       that you're not just able to look at the

         6       machine from the outside, but you're actually

         7       going to be able to get in the building.  For

         8       ramps, for doorways, for true accessibility.

         9                  And frankly, it's a shame that we

        10       have to even deal with this subject.  It

        11       should have been something that happened a

        12       long time ago.  But a lot of people aren't

        13       aware there's litigation all across the state

        14       in different counties for failure to properly

        15       comply with handicapped accessibility.

        16                  The Assembly did not want to do

        17       this.  They did ultimately come around.  This

        18       was the Senate position from the beginning, to

        19       provide real money and real relief to

        20       municipalities to make sure that everybody can

        21       access the voting booth and the polling place

        22       on Election Day.  This is a very positive step

        23       forward.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT MORAHAN:    Thank


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         1       you, Senator Flanagan.

         2                  Senator Nozzolio, to explain his

         3       vote.

         4                  SENATOR NOZZOLIO:    Thank you,

         5       Mr. President, on the bill.  I ask permission

         6       to explain my vote.

         7                  Mr. President and my colleagues,

         8       since the beginning of our state's history,

         9       transportation has always meant job

        10       development.  That we became the Empire State

        11       because we have the greatest transportation

        12       infrastructure than any of our competitor

        13       states.

        14                  That what this budget does,

        15       particularly in the areas of transportation, I

        16       think is noteworthy, and especially in those

        17       areas like the central and western and

        18       northern parts of the state that have so many

        19       local roads.  That what the expenditures in

        20       this measure do is ensure that our local roads

        21       and bridges are going to be taken care of,

        22       maintained appropriately, and done so not at

        23       the expense of our already overburdened

        24       property taxpayers.

        25                  This expenditure of state funds


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         1       will help ensure that local governments --

         2       towns and counties -- can particularly hold

         3       the line on property tax increases.  Our

         4       conference, this Senate, has been committed to

         5       holding the line on property tax increases.

         6       And this measure goes a long way in doing

         7       that.

         8                  The road mileage at the local level

         9       expands over 25,000 miles across our state.

        10       We could extend those local roads and bridges

        11       and that, in effect, spending those funds for

        12       local roads and bridges means so much.  This

        13       conference stood for that increase of over

        14       $20 million in ensuring the property taxpayer

        15       will be the beneficiary.

        16                  Mr. President, I support this

        17       measure.  I congratulate all those on the

        18       conference committee that supported the CHIPS

        19       program in particular and fought hard for

        20       local roads and bridges.

        21                  ACTING PRESIDENT MORAHAN:    Thank

        22       you.  Senator Nozzolio will be recorded in the

        23       affirmative.

        24                  Senator Stavisky.

        25                  SENATOR STAVISKY:    Thank you,


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         1       Mr. President.

         2                  The parts of this bill that deal

         3       with economic development I think are

         4       extremely important.  And one of the areas of

         5       economic development that I'm interested in is

         6       the area of tourism, because I think this is a

         7       tremendously underutilized area of our

         8       economy.  We have some beautiful areas in

         9       New York State, and I think we ought to be

        10       doing everything we can to encourage

        11       development.

        12                  And I'm unhappy with the fact that

        13       more of the "I Love New York" tourism dollar

        14       is not being spent outside of New York State

        15       to encourage people to come, whether the

        16       advertising campaign takes place in Canada or

        17       in the Midwest or in Asia and Europe.  And

        18       while I wish more of the "I Love New York"

        19       campaign did exist outside of New York State,

        20       I must tell you I get very offended when I'm

        21       watching television at home in New York City

        22       and I see a campaign for "I Love New York,"

        23       encouraging me to come visit.

        24                  So, Mr. President, I hope that in

        25       the future this inequity will be resolved.


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         1       But I will vote for this bill.  Thank you.

         2                  ACTING PRESIDENT MORAHAN:

         3       Senator Stavisky will be recorded in the

         4       affirmative.

         5                  Senator Alesi, to explain his vote.

         6                  SENATOR ALESI:    Thank you,

         7       Mr. President.  I know we have a lot of work

         8       to do, so I will be brief.

         9                  But as chairman of the Committee on

        10       Economic Development, I feel compelled to

        11       congratulate the efforts of all those who were

        12       involved in improving the lot of all of those

        13       people that are looking to work and relieve

        14       the burden that have been so much a part of

        15       our life here.

        16                  We have expanded the Empire Zones.

        17       We have listened to those that said we need

        18       better roads and bridges, those from local

        19       government and our citizens as well.  And

        20       everything that you see, even the forgiveness

        21       of loans, UDC loans, with our colleges and

        22       universities and requesting them to make those

        23       payments into something else, that translates

        24       into economic development.

        25                  This is all about job creation.


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         1       It's all about improving the quality of life

         2       in New York State.  And it is money wisely

         3       spent as we improve the lives of every

         4       overburdened taxpayer in New York State.

         5                  ACTING PRESIDENT MORAHAN:

         6       Senator Alesi will be recorded in the

         7       affirmative.

         8                  Senator Montgomery.

         9                  SENATOR MONTGOMERY:    Yes, thank

        10       you, Mr. President.

        11                  I just would like to -- first of

        12       all, I concur with my colleagues on the large

        13       issues around what they view as important in

        14       the budget.  But I just wanted to point out a

        15       couple of things that I want to especially

        16       compliment and thank the leaders for looking

        17       out for, and one of them is the Empire Zone

        18       administration.

        19                  Certainly I have a couple of Empire

        20       Zones in my district, and they are extremely

        21       important, especially as it relates to job

        22       development and also being there to support

        23       the revitalization of our economy in the city,

        24       hopefully.  And it's been very, very

        25       disappointing to see that the Governor has not


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         1       decided that this is important, but certainly

         2       the legislative leaders have, and I appreciate

         3       that.

         4                  I also appreciate your attention to

         5       a small but very important item in this

         6       budget, the New York Industrial Retention

         7       Network.  It's extremely important, I think,

         8       probably to other parts of the district.

         9                  And I also want to especially thank

        10       you for your investment in the community

        11       housing development organizations throughout

        12       the state, the Neighborhood Preservation

        13       Program and the Rural Preservation Program.  I

        14       listened to people from across the state talk

        15       about how they were struggling in communities

        16       across the state to help people maintain their

        17       homes, to help rebuild communities.  And

        18       certainly in New York City, and my district in

        19       particular, it's been an extremely important

        20       source of revitalization and development of

        21       affordable housing for people in our state.

        22                  And lastly, I want to say that I

        23       met some young people from the Future Farmers

        24       of America.  And I'm not sure if this is the

        25       only -- this is the only place that I see an


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         1       allocation for them.  But I have been very

         2       impressed by those young people.  They come

         3       from farms across the state, they come here

         4       and they are able to articulate and share

         5       their experiences.  They're very excited about

         6       the opportunities that they have to develop

         7       their skills as farmers.  And I suppose that

         8       some of them will become actually the future

         9       farmers of our state.

        10                  And so I'm appreciative that we've

        11       supported them.  I have a feeling that we

        12       should probably be doing a lot more, because

        13       those young people deserve a lot of attention.

        14       That's a very important aspect of our state,

        15       the agricultural and farming aspect of our

        16       economy.

        17                  So overall, Mr. President, I'm

        18       going to vote for this budget because it does

        19       have some very important and significant areas

        20       that I think we should be supporting.  And

        21       hopefully those areas that we need to have a

        22       lot more discussion about, we will in the

        23       future.

        24                  Thank you.

        25                  ACTING PRESIDENT MORAHAN:    Thank


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         1       you.  Senator Montgomery will be recorded in

         2       the affirmative.

         3                  Senator LaValle.

         4                  SENATOR LaVALLE:    Thank you, Mr.

         5       President.

         6                  For each of us, there's always

         7       something in this budget that is important to

         8       our districts.  But I would first like to

         9       congratulate Senator Marcellino on the

        10       environmental package.  He did an outstanding

        11       job, and I think for the environmental budget

        12       this is probably one of the best.  Having

        13       $200 million for the Environmental Protection

        14       Fund I think is very historic and very, very

        15       important.

        16                  There's an item here of $50 million

        17       for land acquisition, and certainly that is

        18       statewide.  But for my district, it is -- we

        19       are at a very, very important juncture,

        20       because what will be preserved or what will be

        21       built on is an eight-year period of time.

        22       When we look in eight years out, we will have

        23       either built on everything that we're going to

        24       build on or preserved what we need to

        25       preserve.


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         1                  So the money here for open space

         2       acquisition, along with monies from the towns

         3       and the county, will help us a great deal in

         4       our mission in the First Senatorial District,

         5       Eastern Long Island, to continue our

         6       preservation efforts so that we can maintain

         7       the quality of life for our citizens, not only

         8       in the East End but in the County of Suffolk.

         9                  I'm going to be voting aye.  Thank

        10       you, Mr. President.

        11                  ACTING PRESIDENT MORAHAN:    Thank

        12       you.  Senator LaValle will be recorded in the

        13       affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 497 are

        17       Senators L. Krueger, Parker, and Schneiderman.

        18       Ayes, 56.  Nays, 3.

        19                  ACTING PRESIDENT MORAHAN:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       501, Senate Budget Bill, Senate Print 6459C,

        23       an act to amend the Environmental Conservation

        24       Law.

        25                  SENATOR SCHNEIDERMAN:


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         1       Explanation.

         2                  ACTING PRESIDENT MORAHAN:

         3       Senator Johnson, an explanation has been

         4       requested.

         5                  SENATOR JOHNSON:    Mr. President,

         6       this bill implements the appropriations which

         7       were included in the previous bill, 6455C, in

         8       accordance with Article VII of the

         9       Constitution.

        10                  ACTING PRESIDENT MORAHAN:

        11       Senator Krueger.

        12                  SENATOR LIZ KRUEGER:    Thank you,

        13       Mr. President.  On the bill.

        14                  ACTING PRESIDENT MORAHAN:

        15       Senator Krueger, on the bill.

        16                  SENATOR LIZ KRUEGER:    Thank you

        17       so much.  Just to clarify a number of the

        18       comments that people were making in explaining

        19       their previous vote.

        20                  Many of the things people were

        21       saying were good about the last bill are

        22       actually in this bill, so that they weren't

        23       relating to the previous bill which I voted

        24       against.

        25                  And that some of the things that


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         1       were already mentioned on the floor here today

         2       are important and good things, and one can

         3       make the argument, as I do, that I can vote

         4       for the language bill because of the sections

         5       therein that address some of the key concerns

         6       that my colleagues on the other side of the

         7       floor were just making in their explanation of

         8       their votes, but doesn't change the fact that

         9       the previous bill actually is what I would

        10       call the pork bill for New York State's budget

        11       and is not justified.

        12                  But in this bill, it is true that

        13       we are establishing language for the

        14       Environmental Protection Fund, although it

        15       will still require dealing with in a later

        16       bill because of the way that the language of

        17       the Governor was written into the budget bill.

        18                  And it does provide some of the

        19       language for the MTA to expand its bond

        20       authority, to accomplish its capital plan for

        21       megaprojects that were discussed as being so

        22       important to my colleagues in Long Island and

        23       to my colleagues here in New York City.  And

        24       the language bill does ensure that there's

        25       money put back in specifically for affordable


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         1       housing programs.

         2                  So again, I think that when I hear

         3       my colleagues talk about "the budget" as any

         4       given bill, as if you either support the

         5       entire budget as proposed or individual

         6       sections of the budget, I think it's key to

         7       recognize that there's a reason that we take

         8       the state budget and we divide it up into a

         9       series of different pieces of legislation,

        10       both appropriations bills and language bills.

        11                  Because the state budget is a

        12       policy document.  It determines the direction

        13       we go and how we spend our money, how we do in

        14       fact spend those dollars or not, and how we

        15       collect those monies.

        16                  So even in response to an earlier

        17       comment by Senator Bruno when he talked about

        18       $3.5 billion in tax cuts that this house had

        19       supported, well, some of us didn't support

        20       that.  I distinctly remember voting against

        21       that bill.  So the devil is in the details.

        22                  And this language bill, S6459C,

        23       that we are currently voting on has some

        24       important things in it that I do support and,

        25       in fact, my colleagues have already explained


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         1       they support.  But just for the record, two

         2       different bills, two different sets of

         3       questions before us.  And people should

         4       double-check, perhaps, which bill they're

         5       addressing.

         6                  But I will be supporting this bill,

         7       Mr. President.  Thank you very much.

         8                  ACTING PRESIDENT MORAHAN:    Thank

         9       you, Senator Krueger.  You will be recorded in

        10       the affirmative.

        11                  Any other Senator wish to be heard?

        12                  Debate is closed.  Ring the bells.

        13                  Read the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT MORAHAN:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT MORAHAN:

        20       Senator Parker, to explain his vote.

        21                  SENATOR PARKER:    Yes,

        22       Mr. Chairman, thank you.

        23                  Again, you know, I think that

        24       there's some great things in this budget.  I

        25       am really torn about the decision.


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         1                  But, you know, the priority, I

         2       think, of this Legislature is to protect our

         3       future.  And there's nothing more important in

         4       our future than our young people.  And just on

         5       behalf of the 1.1 million schoolchildren who

         6       are now going to inadequate schools without

         7       enough resources, I'm voting no on this budget

         8       because it doesn't properly provide for them.

         9                  Thank you, Mr. Chairman.

        10                  ACTING PRESIDENT MORAHAN:    Thank

        11       you, Senator Parker.  You will be recorded in

        12       the negative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 58.  Nays,

        15       1.  Senator Parker recorded in the negative.

        16                  ACTING PRESIDENT MORAHAN:    The

        17       bill is passed.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       is there any further business at the desk?

        21                  ACTING PRESIDENT MORAHAN:    No,

        22       there is not.

        23                  SENATOR SKELOS:    Would you please

        24       recognize Senator Duane for a petition, a bill

        25       out of committee.


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         1                  ACTING PRESIDENT MORAHAN:

         2       Senator Duane.

         3                  SENATOR DUANE:    Thank you, Mr.

         4       President.  I have a motion at the desk.

         5                  ACTING PRESIDENT MORAHAN:    The

         6       Secretary will read.

         7                  THE SECRETARY:    Senate Print

         8       6503, by Senator Duane, an act to amend the

         9       Public Health Law.

        10                  SENATOR DUANE:    Thank you.  This

        11       is for my bill, S6503, Manny's Law.

        12                  This bill would require hospitals

        13       to provide patients with written information

        14       in the patient's primary language on the

        15       following.  Whether the hospital offers

        16       charity care or financial assistance, whether

        17       the hospital receives from New York State for

        18       the reimbursement of charity care provided by

        19       the hospital, a pamphlet with information on

        20       public health insurance programs, how patients

        21       can apply for such programs, and the standards

        22       for assessing eligibility for public insurance

        23       programs.

        24                  And the bill also provides for a

        25       strong civil cause of action for patients who


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         1       are not notified by hospitals of these

         2       programs.

         3                  ACTING PRESIDENT MORAHAN:    A

         4       little respect.  Could we take the

         5       conversations out of the chamber, please.

         6                  Senator Duane.

         7                  SENATOR DUANE:    Thank you, Mr.

         8       President.

         9                  I'm about to speak about the late

        10       Manny Lanza.

        11                  Manny Lanza died of a ruptured

        12       blood vessel because a New York hospital was

        13       more concerned with how it was going to get

        14       paid than how it was going to provide proper

        15       treatment for him.  And that's an outrage.

        16                  But Mr. Lanza's case is far from

        17       the only one.  The situation happens in

        18       New York hospitals on a daily basis.  While

        19       the results often don't end in a death, there

        20       is an incredible amount of undue stress placed

        21       on patients who cannot afford to pay hospital

        22       medical bills.  The hospitals put pressure on

        23       indigent patients to pay up.  And if that

        24       doesn't work, the hospitals send in debt

        25       collectors to harass them.


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         1                  To make matters worse, uninsured

         2       patients are charged far more for hospital

         3       services than those who are insured.

         4       Insurance companies simply won't pay the

         5       exorbitant prices that these indigent patients

         6       are then forced to pay.

         7                  And there's no justifiable reason

         8       for it.  The State of New York already pays

         9       hospitals over $847 million through its Bad

        10       Debt and Charity Care funds.  Twenty-two

        11       New York City hospitals receive roughly

        12       40 percent of this amount.  These funds are

        13       designed to provide hospitals with the ability

        14       to pay for the medical care of the medically

        15       indigent and write off any debt incurred by

        16       patients who can't pay.

        17                  So in theory, the Bad Debt and

        18       Charity Care funds sound wonderful.  But there

        19       is a problem.  Almost every hospital fails to

        20       notify patients about the availability of

        21       these funds.  If you walked into a hospital

        22       today and asked about how to apply for these

        23       funds, odds are nobody would be able to tell

        24       you.

        25                  So this begs the question, what


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         1       exactly are the hospitals doing with all this

         2       money?  Why are poor patients being hounded by

         3       collection agencies or, worse yet, just flatly

         4       being denied medical treatment?  Why did Manny

         5       Lanza have to die?

         6                  It's tragic that we even need to do

         7       this legislation.  But the death of Manny

         8       Lanza and the thousands of others who are

         9       denied medical care proves that we do need it.

        10       Hospitals have shown that they can't really be

        11       trusted to do the right thing.  I'll be

        12       working hard in the legislative session to

        13       make this law a reality, and it's my hope that

        14       we will never again have someone die in

        15       New York simply because they don't have enough

        16       money to pay a medical bill.

        17                  But I have to say I'm pleased that

        18       the Legislature listened to me, or in large

        19       part listened to me.  And I'm thrilled that my

        20       bill has made such a strong impact that many

        21       of my Manny's Law provisions are in the health

        22       and mental hygiene bill that we will take up

        23       tomorrow.

        24                  You know, one of the first things I

        25       learned around here by being a member of the


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         1       Senate Minority is that you can get anything

         2       done if you work hard enough -- hate crimes,

         3       SONDA, clinic access, gun control legislation,

         4       women's health and wellness, and now Manny's

         5       Law -- as long as you're willing not to get

         6       credit for it, apparently.

         7                  So I'm honored that my bill's

         8       primary purpose made it into the state budget.

         9       It will help countless New Yorkers whose only

        10       crime is that they can't afford to pay a

        11       medical bill.  But if it helps just one person

        12       to get the medical help that they deserve, if

        13       it helps one family to not be hounded by

        14       collection agencies, then I'm happy not to get

        15       credit for this.

        16                  You know, since all of you in the

        17       Senate -- and, frankly, in the other house as

        18       well -- heard my message, I'm going to

        19       withdraw my motion.

        20                  Thank you, Mr. President.

        21                  ACTING PRESIDENT MORAHAN:    Thank

        22       you, Senator Duane.

        23                  The motion is withdrawn.

        24                  Senator Skelos.

        25                  SENATOR SKELOS:    Thank you, Mr.


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         1       President.  There being no further business to

         2       come before the Senate, I move we stand

         3       adjourned until Friday, March 31st, at

         4       10:30 a.m.

         5                  ACTING PRESIDENT MORAHAN:    On

         6       motion, the Senate stands adjourned until

         7       Friday, March 31st, 10:30 a.m.

         8                  (Whereupon, at 12:10 p.m., the

         9       Senate adjourned.)

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