Regular Session - February 13, 2007
555
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 13, 2007
11 1:05 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting 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 ACTING PRESIDENT GRIFFO: The
3 Senate will 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 ACTING PRESIDENT GRIFFO: The
10 invocation today will be given by the Reverend
11 Ed Jones, of Faith Assembly of God Church, in
12 Poughkeepsie.
13 REVEREND JONES: Let's bow our
14 heads as we pray.
15 Heavenly Father, we ask You for
16 wisdom, we ask You for strength, for guidance.
17 We thank You, Lord, that Your knowledge is
18 perfect and You understand everything. And we
19 pray, Lord, that You will guide the
20 proceedings, that You will guide us in all the
21 decisions.
22 We ask as well, Lord, that You will
23 give us the grace, as we build bridges over
24 our differences for the common good of our
25 state.
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1 We pray Your blessing now on all of
2 the proceedings, and we ask this in the strong
3 name of our Lord and Savior Jesus.
4 Amen.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Pastor Jones.
7 Reading of the Journal.
8 THE SECRETARY: In Senate,
9 Monday, February 12, the Senate met pursuant
10 to adjournment. The Journal of Sunday,
11 February 11, was read and approved. On
12 motion, Senate adjourned.
13 ACTING PRESIDENT GRIFFO: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 The Secretary will read.
21 THE SECRETARY: Senator Johnson,
22 from the Committee on Finance, reports the
23 following bills:
24 Senate Print 2728, by the Senate
25 Committee on Rules, an act to amend the Civil
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1 Service Law and the State Finance Law;
2 And Senate Print 2729, by the
3 Senate Committee on Rules, an act to amend
4 Chapter 113 of the Laws of 2006.
5 Both bills ordered direct to third
6 reading.
7 ACTING PRESIDENT GRIFFO: Without
8 objection, the bills are ordered direct to
9 third reading.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President, I
16 move that we adopt the Resolution Calendar,
17 with the exception of Resolutions 386, 454,
18 457, and 482.
19 ACTING PRESIDENT GRIFFO: With
20 the exceptions as noted, all in favor of
21 adopting the Resolution Calendar signify by
22 saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO:
25 Opposed.
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1 (No response.)
2 ACTING PRESIDENT GRIFFO: The
3 Resolution Calendar is adopted.
4 Senator Skelos.
5 SENATOR SKELOS: If we could take
6 up Resolution 386, by Senator Connor, have the
7 title read and move for its immediate
8 adoption.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: By Senator
12 Connor, Legislative Resolution Number 386,
13 commemorating the 100th Anniversary of the
14 United Parcel Service of America, Inc., and
15 recognizing its goodwill among the citizens of
16 New York State.
17 ACTING PRESIDENT GRIFFO: On the
18 resolution, all in favor signify by saying
19 aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT GRIFFO:
22 Opposed.
23 (No response.)
24 ACTING PRESIDENT GRIFFO: The
25 resolution is adopted.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 if we could take up Resolution 454, by Senator
4 Golden, have the title -- strike that.
5 If we could take up Resolution 457,
6 by Senator Connor, have the title read and
7 move for its immediate adoption.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: By Senator
11 Connor, Legislative Resolution Number 457,
12 commemorating the Asian-American community's
13 celebration of the Lunar New Year, 4705, the
14 Year of the Boar, on February 18, 2007.
15 ACTING PRESIDENT GRIFFO: The
16 question is on the resolution. All in favor
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO:
20 Opposed.
21 (No response.)
22 ACTING PRESIDENT GRIFFO: The
23 resolution is adopted.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 if we could take up Resolution 482, by Senator
2 Larkin, have it read in its entirety, and move
3 for its immediate adoption.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will read.
6 Order, please.
7 THE SECRETARY: By Senator
8 Larkin, Legislative Resolution Number 482,
9 commemorating the 75th Anniversary of the
10 Military Order of the Purple Heart on
11 February 22, 2007.
12 "WHEREAS, It is the sense of this
13 Legislative Body to pay tribute to those
14 renowned organizations which devote their
15 energy, resources and thoughtful care to
16 improving and enhancing the quality of life
17 for veterans; and
18 "WHEREAS, Attendant to such
19 concern, and in full accord with its
20 long-standing traditions, this Legislative
21 Body is justly proud to commemorate the 75th
22 anniversary of the Military Order of the
23 Purple Heart on February 22, 2007; and
24 "WHEREAS, Specifically a combat
25 decoration, the Purple Heart is awarded to
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1 members of the armed forces of the United
2 States who are wounded by an instrument of war
3 in the hands of the enemy and posthumously to
4 the next of kin in the name of those who are
5 killed in action or die of wounds received in
6 action; and
7 "WHEREAS, In 1932, the organization
8 now known as the Military Order of the Purple
9 Heart was formed for the protection and mutual
10 interest of all who have received the
11 decoration; and
12 "WHEREAS, Composed exclusively of
13 Purple Heart recipients, the Military Order of
14 the Purple Heart is the only veterans service
15 organization comprised strictly of combat
16 veterans; and
17 "WHEREAS, In addition, wives,
18 mothers, daughters, stepdaughters and adopted
19 daughters of Purple Heart recipients are
20 eligible to belong to the Ladies' Auxiliary of
21 the Military Order of the Purple Heart, which
22 also does important work nationally and
23 locally in veterans' hospitals; and
24 "WHEREAS, The mission of the
25 Military Order of the Purple Heart is to
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1 foster an environment of goodwill and
2 camaraderie among combat-wounded veterans,
3 promote patriotism, support necessary
4 legislative initiatives, and provide service
5 to all veterans and their families; and
6 "WHEREAS, Funds for welfare,
7 rehabilitation and/or service work carried on
8 by the Military Order of the Purple Heart are
9 derived through the collection of used
10 household items, the operation of thrift
11 stores, through the donation of automobiles
12 and, at the community level, from the annual
13 distribution of its official flower, the
14 Purple Heart Viola; and
15 "WHEREAS, It is the sense of this
16 Legislative Body that when organizations of
17 such noble aims and accomplishments are
18 brought to our attention, they should be
19 celebrated and recognized by all the citizens
20 of the great State of New York; now,
21 therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to commemorate
24 the 75th Anniversary of the Military Order of
25 the Purple Heart on February 22, 2007; and be
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1 it further
2 "RESOLVED, That a copy of this
3 resolution, suitably engrossed, be transmitted
4 to the Military Order of the Purple Heart."
5 ACTING PRESIDENT GRIFFO: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 Senator Larkin.
9 SENATOR LARKIN: Mr. President,
10 I'd like to open this up because, for me, this
11 is a great, great year for us in the state of
12 New York. The 75th anniversary will be
13 celebrated in New York, and at the Hall of
14 Honor, which is located in the 39th Senatorial
15 District.
16 It took us 11 years to get this
17 facility built. Now the nation is going to
18 come to Stewart and then go to the Hall of
19 Honor.
20 And I'd like to see it opened up
21 for everyone to be included and paying tribute
22 to those dedicated men and women, 1.7 million,
23 who have received the Purple Heart.
24 ACTING PRESIDENT GRIFFO: Senator
25 Skelos.
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1 SENATOR SKELOS: Mr. President,
2 we'll put all members on the resolution. If
3 anybody wishes not to sponsor the resolution,
4 they should notify the desk.
5 ACTING PRESIDENT GRIFFO: So
6 ordered.
7 On the resolution, all in favor
8 signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO:
11 Opposed.
12 (No response.)
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 if we could take up Resolution 454, by Senator
18 Golden, have the title read and move for its
19 immediate adoption.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: By Senator
23 Golden, Legislative Resolution Number 454,
24 commending Jenny Hynes for her dedicated and
25 compassionate efforts on behalf of the
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1 Amyotrophic Lateral Sclerosis Association, and
2 applauding her hard work and dedication in
3 honor of her father.
4 ACTING PRESIDENT GRIFFO: Senator
5 Golden.
6 SENATOR GOLDEN: Thank you,
7 Mr. President.
8 I want to thank my colleagues and I
9 rise today to pay tribute to a great
10 New Yorker, Miss Jenny Hynes.
11 Nearly 70 years ago, baseball
12 legend Lou Gehrig gave his name to a
13 mysterious and rare disease called ALS. On
14 July 4, 1939, Lou Gehrig gave one of the most
15 memorable speeches of the 20th century when he
16 announced to a packed house in Yankee Stadium:
17 "Today, I consider myself the luckiest man on
18 the face of this earth."
19 For many of us, we became
20 familiarized with ALS through his speech and
21 through the motion picture "The Pride of the
22 Yankees."
23 Today it is with great pride that
24 the Senate pays tribute to Jenny Hynes and to
25 her late father, whose life was claimed by
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1 ALS. In memory of her father, Jenny and her
2 brother, Michael, decided to commemorate their
3 father's life by selling "Never Give Up"
4 bracelets and baseballs, enabling them to make
5 a generous contribution to the cause.
6 Today's Senate resolution is a
7 fitting tribute to Jenny's courage and to her
8 dedication to raise funding and awareness for
9 the ALS Association.
10 With Jenny and Michael and their
11 mother, Cindy, and my good friend Judge Ariel
12 Belen and his daughter, Lauren, I ask my
13 colleagues to take notice of Miss Hynes and
14 her brother, Michael, for their inspirational
15 work to find a cure for ALS.
16 And I ask my colleagues, all of
17 them, to go on this resolution if they wish
18 and to join me in saying thank you, thank you
19 very much for your dedication, for what you
20 are able to do, one little person to do so
21 much to look for a cure for ALS.
22 Congratulations to both of you.
23 (Applause.)
24 ACTING PRESIDENT GRIFFO: The
25 question is on the resolution. All in favor
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1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO:
4 Opposed.
5 (No response.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Skelos.
8 SENATOR SKELOS: The resolution
9 is adopted.
10 ACTING PRESIDENT GRIFFO: Thank
11 you. The resolution is adopted.
12 SENATOR SKELOS: If we could go
13 to the noncontroversial reading of the
14 calendar.
15 ACTING PRESIDENT GRIFFO: The
16 clerk will read.
17 THE SECRETARY: Calendar Number
18 37, by Senator Bruno, Senate Print 1456, an
19 act to amend the Tax Law.
20 SENATOR SKELOS: Lay it aside
21 temporarily.
22 ACTING PRESIDENT GRIFFO: Lay it
23 aside.
24 THE SECRETARY: Calendar Number
25 41, by Senator Rath, Senate Print 678, an act
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1 to amend the Family Court Act, in relation to
2 orders of deposition.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 54.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 44, by Senator DeFrancisco, Senate Print 789,
15 an act to amend the Estates, Powers and Trusts
16 Law, in relation to defining.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 53. Nays,
25 1. Senator Saland recorded in the negative.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 52, by Senator Volker, Senate Print 566, an
5 act to amend the Penal Law, in relation to
6 expanding.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of
11 November.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 54.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 62, by Senator Winner, Senate Print 946, an
20 act to amend the Penal Law, in relation to
21 criminal possession.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 54.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 83, by Senator Maziarz, Senate Print 1567, an
10 act to amend the Labor Law, in relation to
11 allowance.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 54.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 110, by Senator Maziarz, Senate Print 254, an
24 act to amend the Retirement and Social
25 Security Law, in relation to providing.
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1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 54.
9 ACTING PRESIDENT GRIFFO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 131, by the Senate Committee on Rules, Senate
13 Print 2131, an act to amend the Tax Law, in
14 relation to authorizing.
15 ACTING PRESIDENT GRIFFO: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 52. Nays,
23 2. Senators C. Johnson and Valesky recorded
24 in the negative.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 138, by the Senate Committee on Rules,
4 reported earlier today, Senate Print 2728, an
5 act to amend the Civil Service Law and the
6 State Finance Law.
7 ACTING PRESIDENT GRIFFO: Read
8 the last section.
9 THE SECRETARY: Section 27. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 54.
15 ACTING PRESIDENT GRIFFO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 139, by the Senate Committee on Rules,
19 reported earlier today, Senate Print 2729, an
20 act to amend Chapter 113 of the Laws of 2006
21 amending the Civil Service Law and others.
22 ACTING PRESIDENT GRIFFO: Read
23 the last section.
24 THE SECRETARY: Section 28. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT GRIFFO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 54.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 if we could return to Calendar Number 37, by
10 Senator Bruno.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 37, by Senator Bruno, Senate Print 1456, an
15 act to amend the Tax Law.
16 ACTING PRESIDENT GRIFFO: Senator
17 Krueger.
18 SENATOR LIZ KRUEGER: Thank you.
19 To explain my vote.
20 ACTING PRESIDENT GRIFFO: Senator
21 Krueger, to explain her vote.
22 SENATOR LIZ KRUEGER: Thank you.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger, can we get on a roll call first?
25 SENATOR LIZ KRUEGER: Certainly,
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1 Senator.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger, to explain her vote.
11 SENATOR LIZ KRUEGER: Thank you,
12 Mr. President.
13 So this bill is called a small
14 business tax exemption bill, a small business
15 assistance package. But when you analyze it,
16 I think you really need to think through how
17 much of this is for small businesses, which
18 small businesses, how are we deciding that,
19 and, also, a fundamental question -- because
20 annualized, this bill is projected to cost the
21 State of New York $1.2 billion on an annual
22 basis -- what are we cutting out of the new
23 proposed budget to pay for it?
24 Because every time you make a tax
25 cut and you cut $1.2 billion out of the state
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1 revenue stream, you'd better come up with an
2 alternative revenue package or know you're
3 going to cut that money out of the budget.
4 So I would argue that like any
5 other tax cut proposal or new expenditure
6 proposal of some size, like $1.2 billion on an
7 annual basis, this should be built into the
8 context of the budget itself and a debate on
9 the budget. And that's where we should be
10 debating tax policy.
11 As I've said on this floor, I also
12 think we should be discussing tax equity and
13 changes in our tax policy from a broad-based
14 perspective, not picking and choosing -- today
15 maybe we'll give this group a tax cut,
16 tomorrow maybe we'll give this group a tax
17 increase to pay for the tax cut we gave that
18 group last month -- and that we need to look
19 at our 21st-century New York State tax policy.
20 And yes, on the face of it, saying
21 it's a package of assistance for small
22 business, well, who doesn't want to stand up
23 and say they support small business? I want
24 to support small business. But when I look at
25 this proposal, we've got $150 million for
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1 reducing net-income base rate and gradual
2 elimination of the corporate franchise tax on
3 all manufacturing. Some manufacturers are
4 big; some are small. I'd love to see a
5 breakdown of which type of manufacturer
6 actually ends up with this tax cut.
7 Then we've got an additional
8 corporate franchise tax reduction of another
9 $550 million on manufacturing companies.
10 So the two proposals that tie into
11 the net-income base rate and gradual
12 elimination of corporate franchise tax on
13 manufacturing is $700 million, the majority of
14 this bill. And there's no explanation here
15 about who are we defining as the manufacturers
16 that would get this tax reduction. I'm not
17 sure they're all the small manufacturers.
18 Then we've got some energy credits.
19 Well, the catch is I do recognize we need to
20 change our energy policy in this state. We
21 need to expand use of alternative energy. We
22 need to revisit the Power for Jobs program,
23 the NYSERDA programs, alternative energy and
24 green energy options.
25 But I don't think that the answer
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1 for energy issues in this state is some
2 automatic cut of $350 million, when fully
3 implemented, of energy tax credits for a
4 certain subset of businesses.
5 I think we need to address energy
6 policy and energy taxes in a much broader
7 sense. And my understanding is that actually
8 on any number of days this whole house is
9 agreed on that position, and I know that
10 Governor Spitzer agrees on that position. So
11 I don't know why we're suddenly taking on
12 today, as part of one package of tax cuts, a
13 $350 million tax cut.
14 I also don't understand this
15 concept of a STAR tax credit for small
16 businesses. Because as I read it, if your
17 small business owns property, then you would
18 get an additional tax credit rebate. But if
19 you're a small business that rents your
20 offices or your facilities, I don't believe
21 you would get any advantage from this tax
22 credit which, annually implemented, would cost
23 $150 million a year.
24 And so the same way I have spoken
25 out about my concerns about the overall STAR
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1 program and its inequities to people who rent
2 versus own their own homes, I'm equally
3 concerned of the concept of a tax exemption
4 for small businesses who own their facilities
5 versus rent.
6 One, I think it is, by definition,
7 going to be inequitable to small businesses in
8 urban settings that are much more likely to be
9 renting space versus owning.
10 I also think it probably skews in
11 one way or another to a small subset of small
12 businesses statewide, those who are in the
13 kinds of businesses who are likely to own
14 their property versus those who are in the
15 types of businesses who are more likely to
16 rent their property.
17 So I see both geographic inequity
18 questions and type of business. And I think,
19 before we decide we're going to lose
20 $150 million in revenue and claim that this is
21 a good deal for small businesses, we should
22 ask the question who wins and who loses in
23 this specific proposal.
24 So again, there's individual items
25 within this bill that are perhaps things I
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1 could support. But it's $1.2 billion. We're
2 not explaining where we're going to get this
3 money, what else we're going to cut out of the
4 budget instead to make this deal. And we're
5 really not answering the questions yet who
6 wins and who loses even within the definitions
7 of small-business manufacturing and other
8 businesses in the state.
9 I know we all want to vote for tax
10 cuts. These are complicated questions. I
11 think we need a lot more answers before we
12 move forward. I'm voting no, and I urge my
13 colleagues to vote no also.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Order
16 in the chamber.
17 Senator Winner, to explain his
18 vote.
19 SENATOR WINNER: Thank you,
20 Mr. President.
21 Certainly I understand the chagrin
22 of the other side of the aisle that I don't
23 know that Senator Krueger has ever met a tax
24 cut that she likes.
25 But nonetheless, the area that I
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1 represent and the small businesses I represent
2 certainly know that doing business in New York
3 State is certainly not a pleasant prospect
4 these days, particularly in the upstate areas.
5 And certainly we understand what
6 will happen -- what would happen if you folks
7 were in charge. We'd be having more taxes on
8 small business rather than less taxes on small
9 business, and we'd have less jobs in upstate
10 New York rather than more jobs in upstate
11 New York.
12 ACTING PRESIDENT GRIFFO: Order.
13 SENATOR WINNER: There's no
14 question whatsoever that New York needs tax
15 cuts in order to be successful, particularly
16 in the upstate regions. And we need to
17 incentivize our small businesses, which is the
18 backbone of the upstate economy.
19 You know, many of us were
20 absolutely astonished when the Governor
21 presented a budget after campaigning on a
22 pledge to help the upstate economy that didn't
23 have one thing in there for the upstate
24 economy. In fact, what he had in his budget
25 was $449 million, by his own admission, of
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1 additional taxes to businesses and other
2 entities that provide jobs in this state.
3 And as a result, we're going to
4 only bleed even worse in upstate New York with
5 the type of leadership that Governor Spitzer
6 is providing for this state when he turns
7 around and on the one hand says he wants to
8 help the upstate economy and then on the other
9 hand turns around and wants to tax
10 manufacturers in the upstate economy. How
11 does that make any sense? It doesn't make any
12 sense.
13 So the time for rhetoric and all
14 this other nonsense is over. The time is to
15 put up a package that's going to help business
16 and help upstate grow, help the economy of the
17 state as a whole to grow, and not continue to
18 say on the one hand I'm not for tax increases
19 and on the other hand raise taxes and fees in
20 the state by a couple of billion dollars.
21 That completely is so disingenuous as to be
22 beyond the pale.
23 And unfortunately, from what I can
24 see, you folks are all in lockstep with
25 Governor Spitzer on all of these measures. So
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1 as a result, I'm sure that what we're going to
2 be looking forward to is another $2 billion in
3 taxes and fees if you had your way.
4 Well, fortunately, you don't have
5 your way. And we're going to try to help
6 these businesses in upstate New York, and
7 we're going to try to help the taxpayers in
8 this state, and we're going to grow this
9 economy and not tax them to death.
10 ACTING PRESIDENT GRIFFO: Order.
11 Senator Libous, to qualify his
12 vote.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 Last week I met with a group of
16 businesspeople in my district who had two
17 years ago built a beautiful complex and had
18 hired about fifty people. They came to me not
19 to discuss the budget, not to discuss
20 legislation, but as small business owners they
21 were extremely concerned that their property
22 taxes were too high and they couldn't continue
23 to keep their operation going.
24 They didn't have -- they weren't in
25 an economic development zone, they didn't
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1 receive any benefits. This group of
2 individuals actually put their hard-earned
3 money together and invested in New York State.
4 They invested in the Southern Tier.
5 They asked me why in the Governor's
6 budget were there no incentives for small
7 business. If there's a commitment to help
8 upstate New York, why wasn't there any
9 incentives in this budget? There were no tax
10 cut for small businesses. There was no growth
11 incentives for small business. There was no
12 special economic zones for small business.
13 There was absolutely nothing for small
14 business.
15 Mr. President, this legislation is
16 a step forward. It shows a commitment from
17 this house, it shows a commitment from this
18 Majority that we care about small business.
19 And by the way, Mr. President, this
20 just doesn't help small business in upstate
21 New York, this helps small business
22 everywhere. Because what our goal here has to
23 be is to create not jobs, but career
24 opportunities for our constituents, career
25 opportunities so that the money that we invest
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1 in education -- we invest an awful lot of
2 money in our education system, both private
3 and public. But what we don't invest in is
4 opportunities to keep them in the state.
5 Because after they graduate from
6 our colleges, they go to other states, they go
7 to other parts of the country, they go
8 globally around the world. And we need to
9 keep those young people here. We need to
10 invest. We talk about investing in their
11 future. We need to invest in their future by
12 creating career opportunities.
13 This legislation does that. It not
14 only helps the economy of upstate New York
15 that needs it so desperately, it helps the
16 economy of this state and it also shows the
17 graduates of the institutions that we invest
18 millions, millions, hundreds of millions of
19 dollars in that we have a commitment in them.
20 And that the quality of these
21 institutions which we are so very proud of,
22 because they are great institutions, we're not
23 continually training people so that they leave
24 the state. We're investing millions of
25 dollars of taxpayer money every year so that
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1 we train people, some of the best in the
2 world, so that they leave this state.
3 This legislation is committed to
4 keep them here in New York. And it's about
5 time people get on board, they understand.
6 They understand that cutting taxes, cutting
7 property taxes, which are too high in this
8 state, giving small business and businesses
9 opportunities, that's how we keep young people
10 here, that's how we grow.
11 I vote aye, Mr. President.
12 ACTING PRESIDENT GRIFFO: Senator
13 Craig Johnson, to explain his vote.
14 SENATOR CRAIG JOHNSON: Thank you
15 to the chair.
16 I congratulate my colleagues. I
17 support this bill. And I believe it's
18 critical, being a young person in this state
19 and having friends who can't live in Port
20 Washington and Roslyn and Great Neck and
21 Elmont and areas of my district and all across
22 the state.
23 And I'm learning, you know, about
24 the procedures. But I have to wonder, and I
25 wonder openly -- it's not a question, because
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1 I am supporting this -- but where was this
2 bill last year or two years ago or three years
3 ago or 12 years ago?
4 We need to help small businesses,
5 because they are facing the pressure. But
6 this is pressure that's been going on for
7 almost over a decade now. And it's a pressure
8 that has been growing. And it is bursting.
9 And it's bursting in Nassau County, it's
10 bursting in Rockland County, it's bursting in
11 Albany County, it's bursting all across the
12 state.
13 So instead of getting angry or
14 showing passion, we need to move that aside
15 and help the small businesses, because for
16 years they haven't received the assistance.
17 And we are doing that in New York State.
18 We're looking to reduce the healthcare costs
19 that are crippling our small businesses.
20 We're looking to provide them with the
21 assistance they need. We're looking to keep
22 people, our senior citizens in their homes,
23 our working class in their homes, by reducing
24 the property taxes.
25 But instead of pointing fingers at
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1 a new governor, and even pointing fingers at
2 an old governor, we need to work together to
3 push this bill forward. And we need to do it
4 now, because it's the small business man and
5 woman who are sitting in those businesses
6 right now who don't know how am I going to pay
7 that utility bill, how am I going to pay for
8 that health insurance, when for over a decade
9 they haven't gotten that help.
10 So I applaud the Majority Leader
11 for sponsoring this bill. It's about time we
12 have some assistance for our small businesses.
13 And I proudly cast my yes vote for this bill.
14 Thank you.
15 ACTING PRESIDENT GRIFFO: Senator
16 Johnson in the affirmative.
17 Senator Thompson, to explain his
18 vote.
19 SENATOR THOMPSON: Yeah, I wanted
20 to sit back and listen to the debate, being
21 from upstate New York. And we've heard a lot
22 about upstate for a long time. And being
23 someone who's been involved for a while
24 particularly formerly running a small business
25 development agency, I think this year we'll
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1 really be able to see who really has a
2 meaningful plan as relates to jump-starting
3 the upstate economy.
4 I concur with my colleague, my new
5 colleague, that there's been plenty of time to
6 talk about what should have been done. But
7 this session we intend to offer not only to
8 the Governor but also to our folks on the
9 other side of the aisle a number of different
10 ideas -- not just tax cuts, but policy
11 initiatives as well -- that can help upstate.
12 There are a lot of issues that
13 impact Niagara Falls, Buffalo, Tonawanda and
14 Grand Island. We've seen a lot of companies
15 leave. We've seen the population decrease.
16 There are things that the various state
17 economic development agencies can do to help.
18 There are housing initiatives that need to be
19 addressed. There's a population decline as
20 well, where we need to look at immigration
21 reform so we can get some of those people that
22 are fleeing to downstate to move upstate as
23 well, to help address the large housing
24 surplus upstate.
25 There are a number of things that
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1 can be done beyond just what we've talked
2 about today. So I look forward to a real
3 meaningful debate about what can be done to
4 help upstate New York. And we're going to put
5 together some serious policies for the
6 Governor to look at and some serious policies
7 for our folks across the aisle to look at as
8 well.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Thompson, how do you vote?
12 SENATOR THOMPSON: I vote in
13 support of the bill.
14 ACTING PRESIDENT GRIFFO: Senator
15 Thompson in the affirmative.
16 Is there any other Senator wishing
17 to explain their vote?
18 Senator Diaz.
19 SENATOR DIAZ: Thank you,
20 Mr. President.
21 I'm reading the introduction of
22 this bill, and it says: "The purpose of this
23 legislation is to implement the Senate Small
24 Business Assistance Package. This plan will
25 eliminate the corporate franchise tax for
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1 manufacturers, provide direct property tax
2 relief checks to small businesses, provide tax
3 relief for businesses that pay personal income
4 tax credits for the cost of energy, and reduce
5 the cost of doing business in New York for
6 small businesses and farmers."
7 Well, Mr. President and fellow
8 members, I am a Democrat. And this
9 Democrat -- and I'm speaking only for me, not
10 for my conference -- this Democrat, this one,
11 Reuben Diaz, who represents the 32nd
12 Senatorial District in the Bronx, I hate tax
13 increases. Every time that I see anybody
14 proposing tax cuts, that I love. I don't like
15 tax increases. Our people are fed up with tax
16 increases.
17 They say that we Democrats -- they
18 say that we Democrats, there is no tax that we
19 don't love. But this Democrat hates tax
20 increases. And this one, I'm supporting this
21 legislation because it contains tax increases.
22 And, ladies and gentlemen -- I mean tax cuts.
23 Sorry. Sorry. Slip of the tongue. Tax cuts.
24 And I congratulate Senator Bruno.
25 And whoever submits any legislation that
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1 contains tax cuts, I will always support it.
2 Tax increases are not good for the people of
3 the State of New York, no matter what,
4 especially for senior citizens. Tax increases
5 are hurting our economy, are hurting our
6 people, are hurting our manufacturers, are
7 hurting everybody.
8 So, ladies and gentlemen, let's
9 stop this bickering who's at fault. If the
10 Republican Party submits a good bill,
11 including tax cuts, I will support that. If
12 the Democratic conference submits a bill
13 increasing the tax, I will oppose that.
14 Whoever submits a bill that includes tax cuts,
15 I will support.
16 However, let me tell you something,
17 ladies and gentlemen. They keep saying that
18 we are the dysfunctional -- the most
19 dysfunctional legislature in the country. And
20 that was supposed to end at Day One. We are
21 over Day One, and we're still fighting and
22 being dysfunctional.
23 So maybe we had great hopes, when
24 the new Governor came, to see we'd stop this.
25 But let's stop the fights, the bickering. The
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1 Governor and the Legislature have to work
2 together. Let's do tax cuts for the State of
3 New York, and let's legislate and stop the
4 dysfunctional parts of the Legislature.
5 Thank you very much.
6 ACTING PRESIDENT GRIFFO: Senator
7 Diaz, how do you vote?
8 SENATOR DIAZ: I am voting 150 --
9 no, 250 percent in favor of tax cuts in the
10 State of New York.
11 (Applause.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Diaz, 250 percent in the affirmative.
14 Senator Sampson.
15 SENATOR SAMPSON: Thank you,
16 Mr. President. And I too rise in support of
17 this legislation.
18 I want to thank the Majority
19 Leader. And as my colleague next to me,
20 Senator Diaz, says he supports tax cuts. I
21 pay enough in taxes, and I do support tax
22 cuts.
23 This is not an upstate/downstate
24 issue. This is about the citizens of New York
25 State, and that's what it's all about. You
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1 know, as Senator Johnson said, what happened
2 to last year? What happened to the anger and
3 frustration 10 years ago? What happened to
4 the anger and frustration 12 years ago?
5 It's not about passing the buck,
6 it's all about working together to make sure
7 that we show small businesses in all regions
8 of this state that we understand their
9 frustration, their anger, and at the same time
10 we want to pass tax cuts that are beneficial.
11 A lot of times we pass tax cuts for
12 these big corporations, which we call
13 corporate welfare. But it's the mom-and-pop
14 small business operations that have sustained
15 this society, and we need to show them a sense
16 of gratitude by supporting these tax cuts.
17 Thank you, Mr. President.
18 ACTING PRESIDENT GRIFFO: Senator
19 Sampson, how do you vote?
20 SENATOR SAMPSON: I vote yes.
21 ACTING PRESIDENT GRIFFO: Senator
22 Sampson, in the affirmative.
23 Senator LaValle, to explain his
24 vote.
25 SENATOR LaVALLE: Thank you,
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1 Mr. President. I rise to explain my vote.
2 I hate to make a comment,
3 particularly when Senator Johnson made his
4 maiden speech here in the Senate. But this
5 proposal is not a Johnny-come-lately proposal
6 but simply builds on proposals that Senator
7 Bruno and our Majority have advocated for
8 years.
9 So if we look at the record, this
10 is just continuing in this year, 2007, a
11 proposal that builds on prior initiatives.
12 Whether it be in property tax relief,
13 incentives, tax cuts, or other programs, it is
14 one that we're building upon, but it's not
15 just new.
16 I vote in the affirmative.
17 ACTING PRESIDENT GRIFFO: Senator
18 LaValle casts his vote in the affirmative.
19 Senator Marcellino, to explain his
20 vote.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President.
23 Senator LaValle eloquently stated
24 pretty much everything I was going to state,
25 that this bill has been here before in many
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1 forms. This house has a record of passing tax
2 cuts and aid to small businesses all over the
3 state.
4 If you want to know why it hasn't
5 happened and why we're still trying to pass
6 these bills and we don't have them in fact in
7 complete compliance and law the way we would
8 like them to be, I suggest we look to the
9 other end of this building and find out why
10 many of these bills and most of these bills
11 have never come to the floor in the other
12 house for a single vote.
13 I vote aye on this bill. It's
14 about time.
15 ACTING PRESIDENT GRIFFO: Senator
16 Marcellino recorded in the affirmative.
17 Senator Montgomery, to explain her
18 vote.
19 SENATOR MONTGOMERY: Yes, thank
20 you, Mr. President.
21 I want to rise to support this
22 legislation. And I am hopeful because it
23 represents in this house a commitment,
24 hopefully on the part of those of us who are
25 here who represent districts like mine, where
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1 there are a number of small businesses, small
2 manufacturing -- I have the waterfront, I have
3 Farragut, I have Red Hook, I have Sunset Park,
4 waterfront areas, lots of manufacturing
5 businesses. I hope this is going to help
6 them.
7 We're now targeting the right place
8 to have tax cuts, and we're not -- I know that
9 I have some young people in this chamber today
10 looking at us, and they are going to be taking
11 back to the school where they come from,
12 P.S. 307 in Brooklyn, they are going to talk
13 about the fact that they heard Senators, their
14 Senators on the floor discussing something
15 that is very important to them and their
16 future.
17 So I thank you, Mr. President, and
18 I'm proudly going to vote yes on this
19 legislation. Thank you.
20 ACTING PRESIDENT GRIFFO: Senator
21 Montgomery recorded in the affirmative.
22 Senator Volker, to explain his
23 vote.
24 SENATOR VOLKER: Mr. President,
25 very quickly. I usually don't get into these
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1 political discussions, which is what this is,
2 but I have to tell you something.
3 The fellow that created a lot of
4 this nonsense, in my opinion, was the fact
5 that our candidate for governor, John Faso,
6 ran around the state telling about how
7 terrible everything was and so forth. And a
8 smart guy, Eliot Spitzer, stepped in and
9 started talking.
10 And the editorial boards of this
11 state, that are generally not the brightest
12 lights in the world, paid no attention to the
13 fact that this state has cut more taxes in the
14 last 12 years than any state in the union by
15 far. Now, for some reason, they don't want to
16 talk about the fact -- do you know that
17 there's not one major tax that hasn't been cut
18 in this state over the last 12 years? No
19 governor and no legislature has ever cut taxes
20 the way New York has.
21 We've got a long way to go,
22 although I would say to you people in New York
23 City, you have some of the lowest real
24 property taxes but your other taxes are very
25 high. It's us upstate, it's the suburban
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1 people that have the big real property taxes,
2 not the city. The city is low. Buffalo has
3 some of the lowest real property taxes in the
4 entire Northeast. But see, we don't hear that
5 stuff, because people don't talk about it.
6 But when you're talking about a
7 chamber that has cut taxes and for small
8 businesses, I'll bet you that we have
9 suggested a hundred billion dollars in
10 small-business taxes. Very honestly, and I'm
11 the first to say it, George was really great
12 on big businesses, not quite as good on small
13 business. It was this house that generated
14 all the major tax cuts on small businesses and
15 on real property taxpayers.
16 In fact, my colleague Senator
17 LaValle, who was here, he's the one that
18 devised the STAR program, gave it to George
19 Pataki, and Pataki picked up on it.
20 Now, when you talk about taxes,
21 this state, I think we're now 11th in the
22 country in state taxes. This is the state.
23 Nobody will tell you that; we're 11th. It's
24 overall where we're the leading taxed state in
25 the union. It's all downstate, below Albany.
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1 Once you get above Albany, there's no
2 comparison. I mean, I live in an area whose
3 taxes are one-third to one-fourth what
4 Westchester is. Probably one-fifth of Long
5 Island.
6 The only reason I mention all that
7 is it wasn't our fault that a lot of that
8 happened. But we don't talk about it. It was
9 the people there. The people wanted great
10 schools, they wanted to spend tons of money.
11 But now they're looking to us. So we need to
12 deal with this.
13 The Governor tried to make a deal
14 with New York City and said we'll cut Medicaid
15 and we'll give more money to schools. That's
16 exactly what happened. If you look at the
17 numbers that went into school aid, you'll see
18 that it was deducted almost exclusively out of
19 Medicaid. The problem with that is that hits
20 hospitals and nursing homes.
21 This bill -- which I think probably
22 will pass the other house eventually, because
23 we've got so much money this year. We've got
24 such a surplus that it's a very good
25 possibility it will. So what we need to do is
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1 pass these kind of bills, send them over to
2 the Assembly, and eventually make sure they do
3 them. Because I believe that the Governor
4 ultimately will have to sign some of these
5 bills because of his pledge to cut taxes. And
6 that's what we have to do.
7 This bill has passed this house
8 many times, by the way. I mean, a similar
9 bill. But the thing is, this house --
10 Democrats and Republicans, by the way -- we
11 have been passing tax-cutting bills for years
12 and years and years. It's the other house
13 that's had trouble with that.
14 So the answer is, yeah, okay, it's
15 fine, this house doesn't have to shrink from
16 anything. We have stood for cutting taxes.
17 Now we have to make sure that the other people
18 in this Capitol do the same thing.
19 I vote aye.
20 ACTING PRESIDENT GRIFFO: Senator
21 Volker recorded in the affirmative.
22 Senator Schneiderman, to explain
23 his vote.
24 SENATOR SCHNEIDERMAN: Thank you,
25 Mr. President.
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1 Like Senator Volker, I don't like
2 to get involved in these political
3 conversations.
4 (Laughter.)
5 SENATOR SCHNEIDERMAN: But, you
6 know, I am a fan of fiction, and I am a fan of
7 fantasy fiction, and I feel that I've had a
8 little treat here this afternoon. We have a
9 massive tax burden in the State of New York
10 due to the budgets passed by this house over
11 the last 12 years. Let's not kid ourselves.
12 Did the size of our government go down? Did
13 it get cheaper? How are we paying for it?
14 We now have got a situation where
15 we've cut some taxes, forcing increases in
16 other taxes. So we shoved everything off on
17 local governments, they raised the property
18 tax, and, oh, my God, we've got a crisis in
19 property taxes. We're shocked, shocked that
20 property taxes are going up. Why are they
21 going up? Because of the budgets we've passed
22 for the last 12 years.
23 So let's be honest about it. This
24 is another bill that reduces certain taxes but
25 does not lower the cost of government. This
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1 house has not been proposing budget cuts.
2 You've been proposing tax cuts that have to be
3 paid for somewhere.
4 So where are we after 12 years of
5 moving the burden around, going further into
6 debt and increasing the size of government
7 every year? We are further in debt than our
8 state has ever been.
9 We have a massive tax burden
10 distributed inequitably because we have so
11 many loopholes and exceptions in our tax code,
12 due to bills like this, it looks like a Swiss
13 cheese. As a result, while we have very high
14 marginal tax rates in certain areas, we
15 generate very little revenue.
16 So, ladies and gentlemen, let's not
17 kid around and pound ourselves on the chest
18 and say, We're right, we cut taxes, the
19 Assembly are the bad guys. Last time I
20 looked, both majorities passed these budgets.
21 Both majorities need to take some
22 responsibility.
23 I'm glad we're having a good open
24 dialogue about this, but we're not going to
25 solve the problem by passing one-house bills,
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1 railing at the Assembly, and then quietly
2 going along and proposing more spending
3 increases without telling the public how we're
4 going to pay for it.
5 I'm going to vote for this bill in
6 the hope that we get to the table this year
7 with the new Governor -- who really, I think,
8 wants more transparency -- in an effort to
9 reduce tax rates in a real way for the people
10 that deserve it and need it, to include means
11 testing, to make sure that we restore some
12 progressivity to the tax code.
13 But let's tone down the rhetoric,
14 ladies and gentlemen. The budget went up
15 under the watch of George Pataki and the
16 majority in this house. Let's not pretend
17 it's not our fault.
18 Thank you.
19 ACTING PRESIDENT GRIFFO: Senator
20 Schneiderman recorded in the affirmative.
21 Senator Duane, to explain his vote.
22 SENATOR DUANE: Thank you,
23 Mr. President.
24 I am reminded, as I listen to
25 people explaining their votes on this, of
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1 something a very wise and my very good friend
2 Norman Adler once said to me in 1991. He
3 said: "When good government and politics come
4 together, it's perfect."
5 I'll be voting yes, Mr. President.
6 Thank you.
7 (Laughter.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Duane recorded in the affirmative.
10 Are there any other members who
11 wish to explain their vote?
12 Senator Stavisky.
13 SENATOR STAVISKY: Yes, very
14 briefly.
15 If the tax picture is as rosy as
16 Senator Volker has described it, I'm just a
17 little confused as to why the upstate economy
18 is in such difficulty.
19 And, secondly, I too am concerned
20 about the tremendous debt that the state is
21 undertaking, particularly -- not only the
22 state debt, but also with the public
23 authorities.
24 Nevertheless, I am optimistic, and
25 I vote yes.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Stavisky recorded in the affirmative.
3 Are there any other members who
4 wish to explain their vote?
5 The chair recognizes Senator Alesi
6 to close.
7 SENATOR ALESI: Thank you,
8 Mr. President. And thank all of my
9 colleagues, especially those who see the
10 wisdom in voting in the affirmative on this
11 bill.
12 I'm going back a few years when one
13 of your most notable colleagues, and a very
14 dear friend of mine, Senator Dollinger, was on
15 the floor debating against a bill. And after
16 I was voting to close, he saw the wisdom of
17 the bill that was before him and actually
18 changed his vote.
19 Now, I'm not predicting that
20 Senator Krueger is going to do that today.
21 But hopefully, after we hear just one more
22 reason why we should pass this bill, the
23 Senator from New York City might decide to
24 change her vote.
25 With regard to Senator Diaz,
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1 250 percent is very much appreciated.
2 However, a little more would have helped.
3 I think that what we're doing for
4 the small businesses in this state is not just
5 a little bit more. It is not something that
6 we should hope for. It is something that we
7 have to recognize that has been proposed in
8 previous years. Not collectively like this,
9 but it has been. And it has been fought by
10 the other side of the aisle far too many
11 times.
12 And so now I'm very encouraged to
13 see that most of the Minority members there
14 recognize that wherever they come from -- not
15 upstate, not downstate -- New York State,
16 Niagara Falls, New York City, that those
17 members also have small business owners in
18 their districts as well, regardless of what
19 the business is.
20 Our economy in New York State
21 survives only because we have small businesses
22 that provide goods and services to the larger
23 businesses that most of the time we focus on
24 when we're talking about helping business
25 survive. But it is those small businesses
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1 that hire 10 or 12 or 20 people. It is the
2 mom and pop that provides the goods and
3 services that we rely on every day.
4 It's the taxicab driver that we
5 helped last year when we passed a cap on the
6 gasoline tax. Which unfortunately some of the
7 members on the other side voted against,
8 thereby voting against the small businesses
9 that they represent.
10 We have an opportunity here to
11 recognize that when we give a tax benefit to
12 major manufacturers, which is the underpinning
13 of this bill, that we're helping all of those
14 small businesses that provides goods and
15 services to those large corporations, those
16 large manufacturers.
17 But the rest of this package
18 focuses on small businesses, as it rightly
19 should, whether it's help for energy costs,
20 whether it's help in filing your income taxes
21 as a small business owner. And I can speak
22 from my own personal experience, not only as
23 chairman of this committee and as one of the
24 architects of this bill, but as a
25 third-generation business owner in this state.
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1 It doesn't matter where this bill
2 was last year, any more than it matters where
3 any of you were last year. We know where we
4 are this year. And this year is what's
5 important. This bill before us today is
6 what's important.
7 This bill sends a message to
8 business, to small businesses, to those people
9 that struggle to make a bottom line so they
10 can pay their mortgage, so they can pay their
11 rent, so they can pay their kids' school
12 tuition, so they can put gasoline in a couple
13 of vans that deliver some bread down the road.
14 It sends a message. It says that we want to
15 help small businesses. We recognize that you
16 have struggles every day in the marketplace,
17 and we don't want to be part of those
18 struggles. We want to be part of your
19 success.
20 For the life of me, I can't imagine
21 why anybody, even on principle, would vote
22 against this. Because what they're saying
23 when they say no, they're saying no to those
24 small business people that live down the
25 street from them, that live on the floor above
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1 them or below them, that live across from
2 them. They're saying no to the people that
3 they go in every day when they buy groceries,
4 when they buy a newspaper, when they bring
5 their dry cleaning -- whatever it is they're
6 doing with those small business people, they
7 do on a daily or weekly basis. When you vote
8 no, you have to look them in the face and say:
9 I didn't want to help you because I don't know
10 where the money is coming from.
11 There isn't an economist in the
12 world that wouldn't agree with results. And
13 the results clearly say, time and time and
14 time again, that when you offer tax
15 incentives, whether reducing the corporate
16 rate or just making a rebate on your property
17 taxes -- which, by the way, should
18 theoretically lower the rent for your tenants,
19 and that's where the savings benefits are --
20 there isn't anybody that doesn't say the
21 results clearly show when you lower taxes, you
22 create an environment that improves the job
23 picture, that improves the economy, that
24 improves commerce, which means more people
25 working, making more money, and obviously
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1 paying more taxes.
2 But what it really comes down to is
3 this. There are people in this state, people
4 all over the world, that choose to become
5 small business owners for whatever reason.
6 They work hard. They put their blood, sweat
7 and tears into their business. Because if
8 they fail, their business fails, it's over.
9 It's not like a big corporation where if they
10 lose a job, they go on and find something.
11 This is their own blood, sweat and tears
12 that's invested.
13 How can we stand here with any good
14 conscience and say we don't want to help them?
15 How can we stand here and say we don't know
16 where the money is coming from, even though it
17 looks good? How can we stand here and say we
18 don't want to take a chance on that?
19 With all respect to Senator
20 Krueger, she said she doesn't know how we can
21 afford to do this. I would simply say I don't
22 know how we can afford not to.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will announce the results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 37 are
2 Senators Hassell-Thompson, L. Krueger, and
3 Parker. Also Senator Perkins.
4 Ayes, 55. Nays, 4.
5 ACTING PRESIDENT GRIFFO: The
6 bill is passed.
7 Senator Skelos, that completes the
8 noncontroversial reading of the calendar.
9 SENATOR SKELOS: Mr. President,
10 is there any further business to come before
11 the Senate?
12 ACTING PRESIDENT GRIFFO: Not at
13 this time, Senator Skelos.
14 SENATOR SKELOS: In consultation
15 with the Minority Leader, Senator Bruno hands
16 up the following committee assignments and
17 asks that they be filed in the Journal.
18 ACTING PRESIDENT GRIFFO: They
19 will be so filed in the Journal.
20 SENATOR SKELOS: There being no
21 further business to come before the Senate, I
22 move we stand adjourned until Wednesday,
23 February 14th, at 11:00 a.m.
24 ACTING PRESIDENT GRIFFO: On
25 motion, the Senate stands adjourned until
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1 Wednesday, Valentine's Day, February 14th, at
2 11:00 a.m.
3 (Whereupon, at 2:02 p.m., the
4 Senate adjourned.)
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