Regular Session - May 7, 2007
2413
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 7, 2007
11 3:33 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE H. WINNER, JR., 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 WINNER: 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 WINNER: The
10 invocation today will be given by the Reverend
11 Peter G. Young, Mother Theresa Community in
12 Albany.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Let us pray.
16 The wisdom of God is beyond
17 imagining, and God's goodness a bountiful and
18 boundless treasure. You, O Lord, unfailingly
19 enlighten our minds to open up new and better
20 means of sharing with each another here in
21 this Senate chamber, for our constituencies,
22 information, ideas and aspirations.
23 The discoveries of technology can
24 be of great assistance to our citizens of
25 New York, and it can bring them too, in times
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1 of need, for our assistance of resources and
2 the quality of our life. We pray that our
3 creativity will give them assistance and love.
4 In Your name now and forever, amen.
5 ACTING PRESIDENT WINNER: Thank
6 you very much.
7 Reading of the Journal.
8 THE SECRETARY: In Senate,
9 Sunday, May 6, the Senate met pursuant to
10 adjournment. The Journal of Saturday, May 5,
11 was read and approved. On motion, Senate
12 adjourned.
13 ACTING PRESIDENT WINNER: 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 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Farley.
25 SENATOR FARLEY: Thank you,
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1 Mr. President.
2 On behalf of Senator Morahan, I
3 move that the following bills be discharged
4 from their respective committees and be
5 recommitted with instructions to strike the
6 enacting clause. That's 5061 and 5062.
7 ACTING PRESIDENT WINNER: So
8 ordered.
9 SENATOR FARLEY: Mr. President,
10 amendments are offered to the following Third
11 Reading Calendar bills:
12 On behalf of Senator Volker, page
13 34, Calendar Number 531, Senate Print 3844;
14 Also for Senator Volker, on page
15 34, Calendar Number 532, Senate Print 3845;
16 And for Senator Maltese,
17 Mr. President, on page 45, Calendar Number
18 696, Senate Print 5374.
19 I offer the amendments and I ask
20 that the bills retain their place on the Third
21 Reading Calendar.
22 ACTING PRESIDENT WINNER: The
23 amendments are received and adopted, and the
24 bills shall retain their place on the Third
25 Reading Calendar.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President, I
3 believe there's a substitution at the desk.
4 If we could make it at this time.
5 ACTING PRESIDENT WINNER: The
6 Secretary will read.
7 THE SECRETARY: On page 20,
8 Senator Padavan moves to discharge, from the
9 Committee on Civil Service and Pensions,
10 Assembly Bill Number 5658 and substitute it
11 for the identical Senate Bill Number 2492,
12 Third Reading Calendar 176.
13 ACTING PRESIDENT WINNER:
14 Substitution ordered.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there will be an immediate meeting of the
18 Rules Committee in the Majority Conference
19 Room.
20 ACTING PRESIDENT WINNER:
21 Immediate meeting of the Rules Committee in
22 the Senate Majority Conference Room.
23 The Senate will stand at ease.
24 (Whereupon, the Senate stood at
25 ease at 3:37 p.m.)
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1 (Whereupon, the Senate reconvened
2 at 3:46 p.m.)
3 ACTING PRESIDENT WINNER: Senator
4 Skelos.
5 SENATOR SKELOS: Mr. President,
6 if we could return to reports of standing
7 committees, I believe there's a report of the
8 Rules Committee at the desk. I would ask that
9 it be read at this time.
10 ACTING PRESIDENT WINNER: Reports
11 of standing committees.
12 The Secretary will read.
13 THE SECRETARY: Senator Bruno,
14 from the Committee on Rules, reports the
15 following bill direct to third reading:
16 Senate Print 5734, by Senator LaValle, an act
17 to amend the Education Law.
18 SENATOR SKELOS: Mr. President,
19 move to accept the report of the Rules
20 Committee.
21 ACTING PRESIDENT WINNER: All
22 those in favor of accepting the report of the
23 Rules Committee signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT WINNER:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT WINNER: The
4 Rules Committee report is accepted.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 if we could go to the noncontroversial reading
8 of the calendar and take up Calendar Number
9 828, by Senator LaValle.
10 ACTING PRESIDENT WINNER: The
11 Secretary will read.
12 THE SECRETARY: In relation to
13 Calendar Number 828, Senator Bruno moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 7950 and substitute it
16 for the identical Senate Bill Number 5734,
17 Third Reading Calendar 828.
18 ACTING PRESIDENT WINNER:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 828, by Member of the Assembly Glick, Assembly
23 Print Number 7950, an act to amend the
24 Education Law.
25 ACTING PRESIDENT WINNER: Read
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1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT WINNER: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT WINNER: Senator
8 LaValle, to explain his vote.
9 SENATOR LaVALLE: Thank you very
10 much, Mr. President.
11 Just very briefly, many of the
12 members asked didn't we pass this bill, and we
13 did. But this bill has some of the technical
14 amendments that I talked about the other day.
15 And we decided, rather than passing one bill
16 in the Assembly, one in the Senate, and then
17 do a chapter amendment, we thought we would do
18 a unibill that incorporated the changes.
19 Some of the changes that were made
20 were people were worried that where we had
21 bank officers who also were trustees of a
22 college board, whether there would be a
23 conflict, whether they would be disallowed
24 participation. I think we clarified that.
25 Senator Farley brought up a
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1 question dealing with the definition of
2 educational loans, and we covered that,
3 Senator Farley, on page 2, Section 620,
4 paragraph 4, in the definitions of educational
5 loans, so that those are specifically for
6 educational purposes.
7 And there were other things that we
8 wanted to make sure that we did not have an
9 unintended effect either on individuals or
10 lending institutions who, for charitable
11 purposes, give contributions to colleges, that
12 that was not a conflict. And that we covered
13 that, and we tightened that up a little bit.
14 This is a really great bill. The
15 Attorney General did good work, staffs in both
16 houses and the Attorney General's staff worked
17 very, very hard to accommodate all of the
18 input that we had from colleges and
19 universities, lending institutions.
20 So we will have protected, the
21 first state in the nation to protect students,
22 and students and their parents can enter into
23 a loan understanding that there's
24 transparency, disclosure and that there will
25 no longer be relationships between lending
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1 institutions and our colleges and universities
2 that place question marks on the loans that
3 students take and the fact that an institution
4 is on the preferred lender list and there were
5 some shenanigans going on. All of that ends
6 with this bill.
7 And also this house should be very
8 proud that with passage of this -- and of
9 course Governor Spitzer, I would imagine, will
10 sign this -- will lead to federal legislation
11 so that students throughout this nation will
12 benefit. Right now, with passage and this as
13 law, New York State students and institutions
14 will really lead the nation and will give --
15 there will be trust between the lending
16 institutions, the university, and the students
17 taking the loans out.
18 I vote yes, Mr. President.
19 ACTING PRESIDENT WINNER: Thank
20 you, Senator LaValle.
21 Senator Farley, to explain his
22 vote.
23 SENATOR FARLEY: Thank you very
24 much, Mr. President.
25 I applaud Senator LaValle for
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1 sponsoring this legislation that protects
2 students and families in these conflicts of
3 interest between colleges and lenders.
4 This is another example of Senator
5 LaValle -- who was my classmate -- again, his
6 leadership in higher education. He's been
7 there.
8 I had one question about this final
9 bill in regard to the definition of
10 educational loan. The bill includes a
11 reference to any private loan issued by a
12 lending institution for the purposes of paying
13 or financing higher education expenses. Some
14 parents may pay for their children's tuition
15 by tapping into home equity lines, or they may
16 put it on their credit card. In those cases
17 the lender would not even be aware of the
18 borrower's intended use of it.
19 I asked Senator LaValle about this,
20 and he confirmed that the bill is not intended
21 to apply to any of these loans a borrower
22 might decide to use for educational purposes.
23 Instead, the legislation is intended to apply
24 only to those federal and private loans which
25 are intended by the lender for financing
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1 higher education.
2 This is an important bill. As a
3 former professor at the University of Albany,
4 I'm pleased to vote in favor of this bill.
5 And I congratulate the sponsor.
6 Thank you, Mr. President.
7 ACTING PRESIDENT WINNER: Thank
8 you, Senator Farley.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President, I
11 too congratulate Senator LaValle on this
12 legislation.
13 And I notice that all members of
14 the Senate have sponsored it, and I'm glad
15 that everybody is voting for it today. So
16 congratulations to my colleagues in the
17 Minority for sponsoring a bill and this week
18 supporting it.
19 So congratulations.
20 ACTING PRESIDENT WINNER: Thank
21 you, Senator Skelos.
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 there will be an immediate meeting of the
4 Local Government Committee in the Majority
5 Conference Room.
6 ACTING PRESIDENT WINNER: The
7 Local Government Committee will be meeting in
8 the Majority Conference Room.
9 The Senate will stand at ease.
10 (Whereupon, the Senate stood at
11 ease at 3:53 p.m.)
12 ACTING PRESIDENT WINNER: Senator
13 Skelos.
14 SENATOR SKELOS: Mr. President,
15 there will be an immediate meeting of the
16 Elections Committee in the Majority Conference
17 Room, and the Senate will stand at ease.
18 ACTING PRESIDENT WINNER: There
19 will be an immediate meeting of the Elections
20 Committee in the Senate Majority Conference
21 Room, and the Senate stands at ease.
22 (The Senate continued to stand at
23 ease.)
24 ACTING PRESIDENT WINNER: Senator
25 Skelos.
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1 SENATOR SKELOS: Mr. President,
2 there will be an immediate meeting of the
3 Higher Education Committee in the Majority
4 Conference Room.
5 ACTING PRESIDENT WINNER: There
6 will be an immediate meeting of the Higher
7 Education Committee in the Senate Majority
8 Conference Room.
9 The Senate still stands at ease.
10 (The Senate continued to stand at
11 ease.)
12 ACTING PRESIDENT WINNER: Senator
13 Skelos.
14 SENATOR SKELOS: Mr. President,
15 there will be an immediate meeting of the
16 Rules Committee in the Majority Conference
17 Room, and the Senate will stand at ease
18 pending the report of the Rules Committee.
19 ACTING PRESIDENT WINNER: Thank
20 you, Senator Skelos.
21 There will be an immediate meeting
22 of the Rules Committee in the Senate
23 Conference Room.
24 The Senate stands at ease.
25 (The Senate continued to stand at
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1 ease.)
2 (Whereupon, the Senate reconvened
3 at 4:28 p.m.)
4 ACTING PRESIDENT WINNER: The
5 house will come to order.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 if we could again return to reports of
9 standing committees, there's a report of the
10 Rules Committee at the desk. I ask that it be
11 read at this time.
12 ACTING PRESIDENT WINNER: Reports
13 of standing committees.
14 The Secretary will read.
15 THE SECRETARY: Senator Bruno,
16 from the Committee on Rules, reports the
17 following bills:
18 Senate Print 5028, by Senator
19 Bonacic, an act to amend Part O-1 of
20 Chapter 109 of the Laws of 2006;
21 5673, by Senator Saland, an act to
22 amend the Education Law;
23 5742, by Senator Bruno, an act to
24 amend the Real Property Tax Law and the Tax
25 Law;
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1 And Senate Print 5755, by Senator
2 Bruno, an act in relation to the date for the
3 2007 primary.
4 All bills are ordered direct to
5 third reading.
6 SENATOR SKELOS: Move to accept
7 the report of the Rules Committee.
8 ACTING PRESIDENT WINNER: All
9 those in favor of accepting the report of the
10 Rules Committee signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT WINNER:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT WINNER: The
16 Rules Committee report is accepted.
17 Senator Skelos.
18 SENATOR SKELOS: If we could
19 continue on the noncontroversial reading of
20 the calendar, regular order.
21 ACTING PRESIDENT WINNER: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 128, by Senator Saland, Senate Print 1092A, an
25 act to amend the Executive Law and the General
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1 Business Law.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT WINNER: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT WINNER: Senator
10 Saland, to explain his vote.
11 SENATOR SALAND: Thank you,
12 Mr. President.
13 Mr. President, this bill is a
14 response to a tragedy that occurred in my
15 Senate district a couple of years ago in which
16 a 2-1/2-year-old child, Matthew Lentz, strayed
17 out into his neighbor's yard, and a fence
18 which was a temporary fence, which should have
19 been replaced by a permanent fence after a
20 period of time, was in disrepair, easily
21 penetrable, and this young child made his way
22 through this fence that certainly did nothing
23 to secure the pool and fell into the pool and
24 was -- and lost his life by reason of the
25 failure to have had that permanent fencing.
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1 And this bill is an attempt to
2 address that problem. We've passed this bill
3 before. I'm hopeful that we can get the
4 Assembly to respond similarly. And it
5 basically requires a reasonably expedited
6 process to ensure that temporary fencing will
7 be replaced by permanent fencing, and in turn
8 ensuring that tragedies such as befell this
9 poor child, Matthew Lentz, will not befall
10 others.
11 Thank you, Mr. President. And I
12 certainly vote in the affirmative.
13 ACTING PRESIDENT WINNER:
14 Announce the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 176, substituted earlier today by Member of
20 the Assembly Markey, Assembly Print Number
21 5658, an act to amend the General Municipal
22 Law and the Retirement and Social Security
23 Law.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect July 1.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT WINNER: Senator
7 Padavan, to explain his vote.
8 SENATOR PADAVAN: Thank you,
9 Mr. President.
10 Firefighters and police officers in
11 this state stand between our citizenry and
12 terrible tragedies. And unfortunately, all
13 too often, from time to time we pick up the
14 paper and read about one firefighter or one
15 police officer who lost his life, as we did
16 just a week ago.
17 In 1979 the Legislature enacted a
18 statute that provided a cost of living
19 increase or index to the widows and children
20 of these brave men and women. Unfortunately,
21 that increase, that cost of living adjustment,
22 has not changed since then. And as we know,
23 the cost of living has gone up certainly at an
24 increased percentage over a period of that
25 many years.
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1 And so what this bill will do is
2 raise that cost of living increase to
3 3 percent. It's not going to overcome all of
4 the past injustices, and certainly it's not
5 going to bring back the loved one and it's not
6 going to pay all the bills. But it's
7 certainly going to help.
8 And so I believe this bill is long
9 overdue and something we should enact and send
10 to the Governor quickly.
11 Thank you, Mr. President.
12 ACTING PRESIDENT WINNER: Thank
13 you, Senator Padavan.
14 Announce the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 390, by Senator Wright, Senate Print 2695B, an
20 act to amend the New York State Defense
21 Emergency Act.
22 SENATOR DUANE: Lay it aside,
23 please.
24 ACTING PRESIDENT WINNER: The
25 bill is laid aside.
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1 THE SECRETARY: Calendar Number
2 446, by Senator Larkin, Senate Print 2895, an
3 act to amend the --
4 SENATOR DUANE: Lay it aside,
5 please.
6 ACTING PRESIDENT WINNER: The
7 bill is laid aside.
8 THE SECRETARY: Calendar Number
9 447, by Senator Larkin, Senate Print 2939, an
10 act to amend the General Municipal Law.
11 SENATOR DUANE: Lay it aside,
12 please.
13 ACTING PRESIDENT WINNER: The
14 bill is laid aside.
15 THE SECRETARY: Calendar Number
16 449, by Senator Bonacic, Senate Print 462, an
17 act to amend the Administrative Code of the
18 City of New York.
19 SENATOR DUANE: Lay it aside,
20 please.
21 ACTING PRESIDENT WINNER: The
22 bill is laid aside.
23 THE SECRETARY: Calendar Number
24 496, by Senator Padavan, Senate Print 3825, an
25 act to amend the Real Property Law.
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1 ACTING PRESIDENT WINNER: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 500, by Senator DeFrancisco, Senate Print
13 4037, an act to amend the New York City Civil
14 Court Act.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 514, by Senator Flanagan, Senate Print 836, an
2 act to amend the State Finance Law.
3 ACTING PRESIDENT WINNER: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 526, by Senator Leibell, Senate Print 3648, an
15 act to amend the Criminal Procedure Law.
16 ACTING PRESIDENT WINNER: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT WINNER: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 530, by Senator Golden, Senate Print 3765, an
3 act to amend the Penal Law.
4 ACTING PRESIDENT WINNER: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59. Nays,
12 1. Senator Montgomery recorded in the
13 negative.
14 ACTING PRESIDENT WINNER: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 546, by Senator Little, Senate Print 2758, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT WINNER: There
20 is a local fiscal impact note at the desk.
21 Read the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59. Nays,
3 1. Senator Valesky recorded in the negative.
4 ACTING PRESIDENT WINNER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 594, by Senator Larkin, Senate Print 423, an
8 act to amend the Education Law.
9 ACTING PRESIDENT WINNER: Read
10 the last section.
11 SENATOR DUANE: Lay it aside,
12 please.
13 ACTING PRESIDENT WINNER: The
14 bill is laid aside.
15 THE SECRETARY: Calendar Number
16 609, by Senator Klein, Senate Print 2284, an
17 act to amend the Tax Law.
18 SENATOR SKELOS: Lay the bill
19 aside, please.
20 ACTING PRESIDENT WINNER: The
21 bill is laid aside.
22 THE SECRETARY: Calendar Number
23 614, by Senator Larkin, Senate Print 4060, an
24 act to amend the Racing, Pari-Mutuel Wagering
25 and Breeding Law.
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1 ACTING PRESIDENT WINNER: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 638, by Senator Fuschillo, Senate Print 4442,
13 an act to amend the General Business Law.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT WINNER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 651, by Senator Lanza --
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1 SENATOR DUANE: Lay it aside,
2 please.
3 ACTING PRESIDENT WINNER: The
4 bill is laid aside.
5 THE SECRETARY: Calendar Number
6 669, by Senator Saland, Senate Print 1466, an
7 act to amend the Education Law.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 SENATOR DUANE: Lay it aside,
11 please.
12 ACTING PRESIDENT WINNER: The
13 bill is laid aside.
14 THE SECRETARY: Calendar Number
15 670, by Senator Saland, Senate Print 3577, an
16 act to amend the Education Law.
17 ACTING PRESIDENT WINNER: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WINNER: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT WINNER: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 673, by Senator Morahan, Senate Print 243, an
4 act to amend the Executive Law.
5 SENATOR DUANE: Lay it aside,
6 please.
7 ACTING PRESIDENT WINNER: The
8 bill is laid aside.
9 THE SECRETARY: Calendar Number
10 674, by Senator Alesi, Senate Print 266, an
11 act to amend the Correction Law.
12 ACTING PRESIDENT WINNER: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT WINNER: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 674 are
22 Senators Duane, Montgomery and Perkins.
23 Ayes, 57. Nays, 3.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 675, by Senator Alesi, Senate Print 274, an
3 act to amend the Correction Law.
4 ACTING PRESIDENT WINNER: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 675 are
13 Senators Montgomery and Perkins.
14 Ayes, 58. Nays, 2.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 679, by Senator Skelos, Senate Print 3614 --
19 SENATOR DUANE: Lay it aside,
20 please.
21 ACTING PRESIDENT WINNER: The
22 bill is laid aside.
23 THE SECRETARY: Calendar Number
24 680, by Senator Skelos, Senate Print 3713, an
25 act to amend the Correction Law.
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1 ACTING PRESIDENT WINNER: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect --
5 SENATOR DUANE: Lay it aside,
6 please.
7 ACTING PRESIDENT WINNER: The
8 bill is laid aside.
9 THE SECRETARY: Calendar Number
10 681, by Senator Golden, Senate Print 3718, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT WINNER: Read
13 the last section.
14 SENATOR DUANE: Lay it aside,
15 please.
16 ACTING PRESIDENT WINNER: The
17 bill is laid aside.
18 THE SECRETARY: Calendar Number
19 683, by Senator Skelos, Senate Print 4332, an
20 act to amend the Correction Law.
21 ACTING PRESIDENT WINNER: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WINNER: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT WINNER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 705, by Senator Golden, Senate Print 456, an
8 act to amend the Executive Law.
9 ACTING PRESIDENT WINNER: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT WINNER: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT WINNER: The
18 bill is passed.
19 Senator Skelos, that completes the
20 reading of the noncontroversial calendar.
21 SENATOR SKELOS: Well, there are
22 going to be several other bills on the
23 noncontroversial calendar, Mr. President.
24 But if we could stand at ease,
25 please.
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1 ACTING PRESIDENT WINNER: Thank
2 you, Senator Skelos.
3 The Senate stands at ease.
4 (Whereupon, the Senate stood at
5 ease at 4:40 p.m.)
6 (Whereupon, the Senate reconvened
7 at 4:47 p.m.)
8 SENATOR BRUNO: Mr. President.
9 ACTING PRESIDENT WINNER: The
10 Senate will come to order.
11 Senator Bruno.
12 SENATOR BRUNO: Can we at this
13 time return to the noncontroversial calendar
14 and take up Calendar Number 829.
15 ACTING PRESIDENT WINNER: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 829, by Senator Bruno, Senate Print 5742, an
19 act to amend the Real Property Tax Law and the
20 Tax Law.
21 SENATOR DUANE: Lay it aside,
22 please.
23 ACTING PRESIDENT WINNER: The
24 bill is laid aside.
25 SENATOR BRUNO: Mr. President,
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1 can we at this time take up this bill on the
2 controversial calendar.
3 ACTING PRESIDENT WINNER: The
4 Secretary will ring the bell.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 829, by Senator Bruno, Senate Print 5742, an
8 act to amend the Real Property Tax Law and the
9 Tax Law.
10 SENATOR DUANE: Explanation,
11 please.
12 ACTING PRESIDENT WINNER: An
13 explanation has been asked for, Senator Bruno.
14 SENATOR BRUNO: Mr. President,
15 are we calling members to the chamber? I see
16 a lot of empty seats, and we have important
17 things to discuss. It would be nice if we
18 would be joined by our colleagues. Can we do
19 that?
20 ACTING PRESIDENT WINNER: The
21 bell is being rung at this moment, Senator.
22 SENATOR BRUNO: Thank you for
23 being here, Senator Diaz and my colleagues.
24 This is critically important.
25 Mr. President.
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1 ACTING PRESIDENT WINNER: Senator
2 Bruno.
3 SENATOR BRUNO: I think you and
4 our colleagues here recognize and understand
5 that providing property tax relief for the
6 overburdened, overtaxed property owner here in
7 New York State has been a priority and is a
8 priority. Consequently, this bill. And this
9 bill corrects a problem that was created in
10 the budget.
11 The Governor in his wisdom proposed
12 $1.5 billion in relief intended to go through
13 STAR. We came to an agreement that the
14 property tax rebates that we put together, the
15 Senate and the Assembly, over the last several
16 years would continue, but that we would
17 double -- double -- the amount of the rebates,
18 approximately. But the Governor in the
19 negotiations rethought the billion and a half
20 and changed the number to a billion-three,
21 shorting -- and I hope inadvertently on the
22 Governor's part, because we were trying to get
23 a budget done and as close to on time as it
24 could be done. So we agreed, in the context
25 of the 120-plus billion, to get things done on
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1 the billion-three.
2 And what happened was that
3 seniors -- seniors like me, like maybe one of
4 you, or maybe two, or maybe three -- would get
5 shorted in the billion-three. They didn't get
6 the same amount, the doubling effect in the
7 budget that they should have received.
8 Now, we're all very conscious of
9 cash flow and a balanced budget. And at that
10 time the question was we had additional
11 revenue that we agreed on, three ways, of
12 $575 million, I think the number was, that
13 created additional revenue.
14 So the concern was how do you fund
15 the whole billion and a half with the records
16 that we were breaking in school aid? That was
17 the specific discussion by conference
18 committees, by staff.
19 Mr. President, it turns out -- and
20 Senator Nozzolio, I know that you are aware,
21 because I can hear you -- you are aware that
22 we ended up, in the closeout of the year, do
23 you know how much more than the $575 million
24 number came into the state? Who knows?
25 $331 million more than had been budgeted, more
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1 than had been anticipated.
2 So we are recommending, through
3 passage of this legislation, that I hope on
4 behalf of the deserving seniors who are trying
5 to live in their homes, trying to pay their
6 bills, trying to pay for the escalating costs
7 of healthcare, trying to help their children
8 and their grandchildren -- and I have specific
9 numbers, and you should have a copy of the
10 effect this has in each and every district,
11 what they're going to get versus what they
12 will get with this $200 million additional
13 refund.
14 And by coincidence I just happen to
15 have Rensselaer County, my district, goes from
16 $289 to $664. Buys a lot of groceries, buys a
17 lot of prescriptions, buys a lot of what
18 seniors need to have a quality of life.
19 In Monroe County, with Senator
20 Robach's help and persuasiveness, goes from
21 $307 to $660, more than doubling. How great
22 is that? In Onondaga, from $297 to $652.
23 Now, I could go on. Nassau County,
24 $500 to $820. The point is substantial
25 increases. And the money is there. How do we
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1 know it's there? Because we closed out the
2 year, the end of the budget, March 31st, and
3 came close to a billion instead of the 575.
4 So the money is there. The need is
5 there. The precedent is there, because we did
6 this last year and the year before, but just
7 in lesser amounts.
8 So I would hope -- we did a bill
9 earlier that passed unanimously in this house.
10 I would hope that we could send this
11 worthwhile legislation for property tax
12 rebates for seniors to the Assembly in a
13 unanimous way.
14 Thank you, Mr. President.
15 ACTING PRESIDENT WINNER: Thank
16 you, Senator Bruno.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 I rise to commend Senator Bruno for
21 his leadership on this issue. This is an
22 extremely important issue in my district.
23 I've been home since we had the press
24 conference last week, been home in the
25 district and talking to residents in various
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1 settings. The number-one issue is property
2 tax relief, there is no doubt about that.
3 Number-one issue.
4 And for many senior citizens, the
5 difference between staying in their home and
6 leaving are their property taxes. With costs
7 on every level rising -- gasoline, home
8 heating fuel, you name it, everything is going
9 up -- when property taxes also increase and
10 there is no limit and there is no way of
11 relieving it, then the senior citizens have to
12 make a distinction and a choice. And in many
13 cases that may be leaving the community that
14 they helped to build.
15 They are the history of our
16 community, they are the backbone of our
17 community, they helped create our communities,
18 and they're being driven out by extraordinary
19 costs. Property tax relief is an imperative
20 to them.
21 Nassau County, as the Senator just
22 said, would see a doubling from about $500 to
23 about $850 in property tax relief for senior
24 citizens. Suffolk County would also see a
25 doubling of their senior citizen levy.
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1 This is an important issue to them.
2 That money in their pocket will help them make
3 choices that they have to and will give them
4 the relief so that they don't have to make
5 those critical choices of do I go buy the
6 medicine, do I take my prescription drugs, do
7 I take on the various food that I require.
8 Those kind of choices should never have to be
9 made. But in many cases, in some cases, our
10 senior citizens are forced to make those
11 choices.
12 So again, thank you, Senator Bruno,
13 for recognizing and picking up on the fact
14 that we have extra money in the budget, extra
15 money that came to us and that we want to put
16 back into the pockets of our senior citizens
17 so that they get the relief that they so
18 sorely require.
19 I urge that we pass this bill, send
20 it on to the Assembly, and I urge that they
21 pass it as well. The Governor should sign
22 this bill. It is a major piece of legislation
23 and extremely important to the people of my
24 district and to all of our constituents
25 throughout the State of New York.
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1 I intend to vote aye on this very
2 important piece of legislation and urge
3 everyone in the chamber to do the same.
4 Thank you, Mr. President.
5 ACTING PRESIDENT WINNER: Thank
6 you, Senator Marcellino.
7 Senator Robach.
8 SENATOR ROBACH: Yes.
9 Mr. President, I too want to applaud Senator
10 Bruno and the Majority for this bill.
11 As Senator Marcellino said, there's
12 no question, whether it's been surveys or when
13 I've held budget hearings, while people do
14 like programming, one of the things that
15 people talk about, the most onerous,
16 especially in upstate New York, is their
17 property tax. Especially senior citizens, who
18 are dealing with a host of issues from fixed
19 incomes, perhaps loss of one income, losing a
20 spouse, a number of issues.
21 And so I think this is the right
22 thing to do. But I also think it's good
23 because we are a body that does not collect or
24 get any revenue from property tax, but yet
25 we're taking our surplus or money left over,
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1 and while we do have a lot of great
2 programming, taking that and giving it back to
3 senior citizens in the way they say they want
4 to get it back, relief of their property tax,
5 what they find the most onerous.
6 I hope this bill will pass
7 unanimously and become law. There is no
8 question that this is what we're here to do,
9 be responsive to the people that elected us.
10 I can't think of anything more responsive to
11 senior citizens on a fixed income than getting
12 this check back directly to them in a large
13 number, and urge all my colleagues to support
14 this important legislation.
15 Thank you, Mr. President.
16 ACTING PRESIDENT WINNER: Thank
17 you, Senator Robach.
18 Senator Craig Johnson.
19 SENATOR CRAIG JOHNSON: Thank
20 you, Mr. Speaker. Will the sponsor yield for
21 a question?
22 ACTING PRESIDENT WINNER: Senator
23 Bruno, Senator Craig Johnson would like to ask
24 you to yield for a question.
25 SENATOR BRUNO: Yes,
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1 Mr. President.
2 I'm sorry for being on the phone.
3 I'm supposed to be down at the Crowne Plaza
4 speaking to the firemen who are assembled
5 there, on behalf of the Senate. But we have
6 to deal in priorities this afternoon.
7 ACTING PRESIDENT WINNER: Senator
8 Johnson, Senator Bruno yields.
9 SENATOR CRAIG JOHNSON: Thank
10 you, Mr. President. I will be brief.
11 My question is, when talking about
12 providing this relief to senior citizens --
13 and I agree with the members who have already
14 spoken and will be voting in the affirmative.
15 I want to get a clarification. This is
16 property tax relief for seniors who qualify
17 for the enhanced STAR program; it's not for
18 all senior citizens, it's simply the seniors
19 on enhanced STAR. That's my question I wish
20 to get a clarification and answer to.
21 ACTING PRESIDENT WINNER: Is
22 there a question, Senator Johnson?
23 SENATOR CRAIG JOHNSON: Yeah, the
24 question is, who does this property tax rebate
25 apply to? All senior citizens throughout
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1 New York State, or simply seniors who qualify
2 and receive the enhanced STAR property tax
3 relief?
4 SENATOR BRUNO: Mr. President and
5 Senator, it is the enhanced people who qualify
6 for the enhanced STAR. They are the ones
7 specifically that participate. It's the
8 middle- and lower-income seniors.
9 SENATOR CRAIG JOHNSON: Thank you
10 very much.
11 I also rise to support this very
12 critical piece of legislation, like Senator
13 Marcellino, who I'm sure visited his district
14 over the past couple of days and has been
15 talking to seniors and talking to residents,
16 as have I. We've got school budget votes
17 coming up in a week, budget votes all
18 throughout Long Island.
19 You saw the newspapers where they
20 talked about how, notwithstanding the great
21 property tax relief we provided across this
22 state, school districts all across the state
23 are still asking for more from our residents,
24 asking for more from our senior citizens to
25 help support our school districts.
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1 And it's this relief that we need
2 to provide, because it is our senior citizens
3 who qualify and who receive the enhanced STAR
4 who need that little extra and who will use
5 this money to pay for the prescriptions, who
6 will help to offset the cost of living that is
7 going up so quickly in Nassau County, in
8 Rockland County, in Erie County.
9 So I urge all the members here, and
10 I especially urge the Assembly to get on
11 board, to put forth this bill -- and get it
12 passed unanimously would be great -- so we can
13 get it to the Governor so the Governor can
14 sign it and provide the property tax relief
15 that our citizens not only require but need.
16 Thank you very much.
17 ACTING PRESIDENT WINNER: Thank
18 you, Senator Johnson.
19 Senator Duane.
20 SENATOR DUANE: Thank you,
21 Mr. President. Would the sponsor yield,
22 please?
23 ACTING PRESIDENT WINNER: Senator
24 Bruno, Senator Duane would like you to yield
25 for a question.
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1 SENATOR BRUNO: With great
2 pleasure, Mr. President.
3 ACTING PRESIDENT WINNER: Senator
4 Duane, Senator Bruno yields.
5 SENATOR DUANE: Thank you,
6 Mr. President.
7 I am wondering if the sponsor could
8 just expound a little bit further on why this
9 issue was not accomplished during the budget
10 process.
11 SENATOR BRUNO: Thank you. Thank
12 you, Senator Duane. And thank you,
13 Mr. President, for this opportunity to expand
14 a little bit.
15 We in the Senate passed property
16 tax rebates to the tune of $6 billion over two
17 years -- $2.6 billion in the first year,
18 $3.4 billion in the second year. Part of our
19 budget, part of what we passed here. But the
20 Governor had submitted a budget with
21 $6 billion over three years to flow through
22 STAR. Not a property tax rebate as we had
23 done previously over two years, we and the
24 Assembly, which was signed by the previous
25 Governor. So what would have happened was
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1 that seniors who got checks -- three, four,
2 five, six hundred dollars -- would have had no
3 checks. It would have gone into school
4 systems in STAR.
5 So during the negotiations, we
6 brought this up. And together, we, with the
7 Assembly, were able to convince the Governor
8 that it made a lot more sense to give people
9 back checks. Because we in New York State
10 have something like 53, 56 percent higher
11 property tax per household than the national
12 average. And that's unfortunate. And that's
13 what's moving people out of their homes,
14 seniors.
15 So during the negotiation we made
16 this point, and we did it in a well enough
17 fashion so that the Governor and all of the
18 people negotiating understood clearly that
19 this was a better way to help people in this
20 state maintain their quality of life, keep
21 their homes. And he agreed.
22 But he made the point, Look, we are
23 putting more and more money into education.
24 With your cooperation, we added $400 million
25 to the billion-four submitted by the Governor.
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1 So the Governor made the point, in the debate
2 and in the discussions: Where's the other
3 400 million going to come from?
4 We said there's plenty of revenue
5 coming into this state, based on the good work
6 that we have done previously over the years
7 before you were Governor, and that the cash
8 will flow.
9 But the Governor insisted that
10 $200 million has to come off the billion-five,
11 because the money may not be there.
12 So what would you do? That's a
13 rhetorical question. We decided it's more
14 important to get a budget on behalf of the
15 people of this state, send the billion-eight
16 in education, the increases, keep the
17 hospitals open, keep the nursing homes
18 functioning, provide home care, do all the
19 other good things that we did in the budget.
20 We thought that was much more important than
21 holding up the budget.
22 Why? Because we were convinced the
23 cash would flow, the revenue would flow. And,
24 Senator Duane, lo and behold, we were right.
25 Think about it. We again were right on the
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1 projections.
2 So with the closeout, there was an
3 extra $331 million over and above what had
4 been budgeted. So true to our thoughts, in
5 the spirit of what's right for people,
6 especially seniors, we revisit, Mr. President.
7 Based on what? Based on the $331 million that
8 the closeout showed.
9 So we did the budget, we had to at
10 the time close with the Governor. And,
11 Senator Duane, we did. But we shorted, in the
12 cash flow back to the property tax owner,
13 $200 million from the Governor's own budget
14 proposal. A billion-five proposed in his
15 budget, a billion-three passed, $200 million
16 short. Find another $331 million.
17 What better place for that money to
18 go? I see Senator Robach shaking his head in
19 agreement and many of you shaking your heads
20 in agreement. Right? Right. And Senator
21 Craig Johnson shakes his head in agreement.
22 So, Senator Duane, with all -- and
23 Senator Diaz, thank you. As former chair of
24 Aging in the city, you have the best interests
25 at heart, and we applaud you for that and we
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1 thank you for that. And I'm sure that your
2 colleagues are going to recognize your
3 meritorious thinking. Is that correct? Your
4 good thinking. That's grammatically
5 incorrect, but you know what I mean.
6 On the merits, Senator Diaz, the
7 seniors will applaud you. I applaud you. I
8 think Senator Duane in his heart applauds you.
9 Senator Smith, do you applaud him? Yes, you
10 do. So we all applaud you for your good
11 thinking and your good judgment.
12 Now, Senator Duane, have I answered
13 your question?
14 (Laughter.)
15 ACTING PRESIDENT WINNER:
16 Senator, that's another rhetorical question.
17 Senator Duane.
18 SENATOR DUANE: Thank you,
19 Mr. President. Would the sponsor continue to
20 yield?
21 ACTING PRESIDENT WINNER: Senator
22 Bruno, do you yield to Senator Duane?
23 SENATOR BRUNO: Mr. President, if
24 Senator Duane is certain of his request, I
25 would be happy to yield.
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1 ACTING PRESIDENT WINNER: The
2 Senator yields.
3 SENATOR DUANE: Thank you,
4 Mr. President. And in anticipation of my
5 applause, I did have a few more things I
6 wanted to just clear up.
7 It was my understanding that all
8 six parties to the budget negotiation actually
9 agreed together on a budget, on a revenue
10 forecast. Is that correct?
11 SENATOR BRUNO: Mr. President,
12 that is correct.
13 Our number was closer to a billion.
14 The Assembly's was somewhere near here. And
15 the Governor had a different number. But by
16 way of compromising working, together,
17 partnering on behalf of the people of this
18 state, we accepted the lower number. So yes,
19 there was six-way agreement.
20 SENATOR DUANE: Thank you,
21 Mr. President. If the sponsor would continue
22 to yield.
23 ACTING PRESIDENT WINNER: Senator
24 Bruno, do you yield?
25 SENATOR BRUNO: Yes,
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1 Mr. President.
2 ACTING PRESIDENT WINNER: The
3 Senator yields.
4 SENATOR DUANE: Mr. President,
5 just in the spirit of the porridge being too
6 hot or too cold, I would be remiss if I didn't
7 mention in premise to my question that the
8 Senate Minority projection was actually the
9 projection that everyone ended up with.
10 That said, Mr. President, I still
11 don't understand why -- well, let me ask it a
12 different way. Is there a companion Assembly
13 piece of legislation?
14 SENATOR BRUNO: Mr. President, is
15 that a question?
16 ACTING PRESIDENT WINNER: Senator
17 Bruno, that is a question.
18 SENATOR BRUNO: Presently there
19 is not. But tomorrow there will be.
20 SENATOR DUANE: And through you,
21 Mr. President, if the sponsor would continue
22 to yield.
23 ACTING PRESIDENT WINNER: Senator
24 Bruno, do you yield?
25 SENATOR BRUNO: Yes,
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1 Mr. President.
2 SENATOR DUANE: Has the Governor
3 said that he would sign this legislation with
4 the unnamed, unnumbered Assembly companion
5 legislation?
6 SENATOR BRUNO: We have not
7 engaged in that very specifically.
8 But the Governor is on record in
9 support of property tax rebates and wanted to
10 direct them to the middle-income, lower-income
11 people of this state. So I would be amazed if
12 this Governor didn't sign the legislation when
13 it lands on his desk.
14 SENATOR DUANE: And through you,
15 Mr. President, if the sponsor would continue
16 to yield.
17 ACTING PRESIDENT WINNER: Senator
18 Bruno, do you yield?
19 SENATOR BRUNO: Yes,
20 Mr. President.
21 ACTING PRESIDENT WINNER: The
22 Senator yields.
23 SENATOR DUANE: Thank you. Has
24 the Comptroller endorsed this particular piece
25 of legislation?
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1 SENATOR BRUNO: Well,
2 Mr. President, in situations like this --
3 passage unanimously in the Senate; goes to the
4 Assembly, where it passes; the Governor signs
5 it -- and then the Comptroller weighs in,
6 basically says that makes a lot of sense or we
7 may have a problem.
8 But I believe it's the cart and the
9 horse and the chicken and the egg. So we have
10 to get this done and send it to the Governor
11 and get it signed, and then the Comptroller
12 can tell us what he thinks.
13 SENATOR DUANE: Through you,
14 Mr. President, if the sponsor would continue
15 to yield.
16 ACTING PRESIDENT WINNER: Senator
17 Bruno, do you yield?
18 SENATOR BRUNO: Mr. President, I
19 will.
20 ACTING PRESIDENT WINNER: The
21 Senator yields.
22 SENATOR DUANE: Thank you,
23 Mr. President.
24 Before my eggs are scrambled, I was
25 wondering if anyone had actually reached out
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1 to the Comptroller just to get his point of
2 view whether or not he approved it or not.
3 ACTING PRESIDENT WINNER: The
4 Senator wants to know whether his eggs have
5 been scrambled, Mr. President.
6 (Laughter.)
7 SENATOR BRUNO: Mr. President, I
8 prefer mine once over lightly. But to each
9 his own.
10 The very learned colleague and the
11 Deputy Majority Leader, Senator Skelos, has
12 reminded me that the Comptroller certified the
13 budget that we sent him as balanced and
14 correct, and that included the extra
15 $331 million that hadn't been budgeted
16 originally or submitted.
17 So I would guess, by way of an
18 umbrella sort of recommendation and approval,
19 if you wanted to, you could accept that. But
20 if you didn't want to, we would then have to
21 submit it, and then he can make the judgment.
22 SENATOR DUANE: Thank you,
23 Mr. President. If the sponsor would continue
24 to yield.
25 ACTING PRESIDENT WINNER: Senator
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1 Bruno, do you yield to another question from
2 Senator Duane?
3 SENATOR BRUNO: Yes,
4 Mr. President.
5 ACTING PRESIDENT WINNER: The
6 Senator yields.
7 SENATOR DUANE: If we acknowledge
8 that the yoke was not broken on the over-easy
9 eggs, then I'm curious to go all the way full
10 circle again to find out why this wasn't done
11 as part of the budget process. If everything
12 was so perfect and magnanimous then, why was
13 this not included at that time?
14 SENATOR BRUNO: Well,
15 Mr. President, Senator Smith, in all due
16 respect, was not able to convince the Governor
17 that his revenue number was right. And
18 because he couldn't convince the Governor, the
19 Governor didn't accept it, consequently said
20 we might have a potential problem with cash
21 flow.
22 So we had to find out after we had
23 agreements on the closeout, Senator, that
24 Senator Smith indeed was right with his
25 estimates. So we now revisit it based on the
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1 additional dollars that you said were there,
2 that are there, that we now want to use in
3 this most appropriate way. This is a priority
4 for the middle-income, lower-income seniors of
5 this state.
6 Mr. -- well, I'm still here, so --
7 I was going to ask a question. I was going to
8 ask, Mr. President, if I might, Senator Duane,
9 do you agree with that, that this should be a
10 priority for seniors to return this overage of
11 $331 million or some part of it? Do you agree
12 with that? Doesn't it make sense to
13 prioritize property tax rebates?
14 Through you, Mr. President, if
15 Senator Duane would yield and answer.
16 ACTING PRESIDENT WINNER: Senator
17 Duane, you have the floor.
18 SENATOR DUANE: Yes,
19 Mr. President. And thank you.
20 Though let me answer that in this
21 way. I --
22 ACTING PRESIDENT WINNER: Senator
23 Duane, are you asking Senator Bruno to yield
24 to a question?
25 SENATOR DUANE: Even though we've
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1 sort of gotten a little bollixed up, as my
2 mother would say, I feel like I'm going to
3 answer the Senator's question and then proceed
4 beyond that just in the interests of civility
5 and collegiality and the wonderful atmosphere
6 that has been created in this chamber.
7 ACTING PRESIDENT WINNER: When
8 you get ready to answer the question, then put
9 it through me, if you would.
10 SENATOR DUANE: Through you,
11 Mr. President, I'm going to respond to the
12 question.
13 ACTING PRESIDENT WINNER: Thank
14 you, Senator Duane.
15 SENATOR DUANE: I strongly
16 believe that budget issues should be
17 accomplished during the budget.
18 And while I may very well end up
19 agreeing with the intent of this legislation,
20 I am certainly going to withhold my applause
21 until I see it -- I mean, there could be a
22 polite applause if it passes here, and maybe
23 more polite applause, because there are more
24 hands, if it passed the Assembly, if they
25 introduce a bill. And if the Governor were to
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1 sign it, there might be a rousing cheer and a
2 standing ovation, perhaps.
3 But I think that it's more
4 appropriate for this to be part of the budget
5 process. Call me out there, but that's just
6 what I believe.
7 And, Mr. President, if I may speak
8 on the bill at this point.
9 ACTING PRESIDENT WINNER: Senator
10 Duane, on the bill.
11 SENATOR DUANE: Thank you,
12 Mr. President.
13 Sadly, the business of government
14 and particularly when we're in session is
15 always a sacrifice for -- well, it certainly
16 is for me. I don't mean to speak for all of
17 the members here, but I have heard other
18 members raise the issue of things that they
19 miss in their home districts while we're here
20 in session and things that we've missed in the
21 Capital District while we're here doing the
22 people's business.
23 And I'm not complaining about that
24 in any way, but there is some amount of
25 bittersweetness about us having to work
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1 through events that we might perhaps rather
2 attend than be here. But I guess that's why
3 they call it work.
4 One of the things that I'm always
5 concerned about -- and again, I don't want to
6 speak for all of my colleagues, but I think
7 that the majority of us feel that the best way
8 to go about our budgeting process, both the
9 spending side and the revenue side, is with as
10 much prudence as possible. And it's
11 interesting that the Majority Leader raised
12 the issue of missing out on speaking with the
13 firefighters.
14 On my schedule, sadly, I also had
15 PBA people that I was going to meet with later
16 on. And I say that with much sadness, as the
17 Senator that represented the World Trade
18 Center on 9/11. If anything, my esteem for
19 the firefighters and police officers has grown
20 exponentially -- though high already, is even
21 more so than that.
22 And the other thing that at that
23 time made it so difficult was the tremendous
24 revenue shortfall that we experienced as a
25 result of that terrible tragedy. In fact,
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1 that year it was one of the things that made,
2 I think, our coming to agreement on budgeting
3 most difficult then and thereafter, to the
4 point that one year we actually never really
5 even had a budget.
6 So, honestly, my concern about how
7 this came about has as much to do with my
8 fears for what can happen to us in this
9 country for the future, having lived through a
10 tragedy in the past. And of course the
11 fiduciary issues are, you know, terrible. But
12 they paled in comparison to the horrible
13 sadness and the debilitating effect it had on
14 all of us who lived in New York City and in
15 fact lived in New York State and I'd like to
16 believe remains across this country.
17 So my questioning on this issue
18 sincerely only had to do with does it fall
19 within the realm of us being as fiduciarily
20 responsible as we possibly can, knowing that
21 tragedy could strike at any moment and our
22 expectations could be dashed.
23 Thank you, Mr. President. I think
24 some of my other colleagues have questions for
25 the sponsor.
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1 ACTING PRESIDENT WINNER: Thank
2 you, Senator Duane.
3 Senator Libous.
4 SENATOR LIBOUS: Thank you,
5 Mr. President.
6 I want to applaud Senator Bruno for
7 bringing this very important piece of
8 legislation to the floor. And actually I also
9 want to say that, Mr. President, I agree with
10 Senator Duane that under normal circumstances
11 when the budget is being negotiated, this is
12 the time when you're supposed to work these
13 things out.
14 And I know that earlier this year
15 we passed budget reform in this house. And
16 when we passed that budget reform, it called
17 for conference committees and a meeting of the
18 general conference committee. And,
19 Mr. President, I believe that the day this was
20 discussed at the general conference committee,
21 no one in the Assembly or, in all due respect
22 to my colleagues on the other side of the
23 aisle, anyone from the other side of the aisle
24 showed up, not only for that session but
25 several other sessions.
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1 And under the bill that was passed
2 by this house by members here -- and, by the
3 way, was passed by the other house and signed
4 by the Governor -- it said that the budget was
5 supposed to be negotiated in an open session.
6 In one of those sessions, Mr. President, we
7 discussed this very important proposal. And
8 had you been there or had a representative
9 there, we would have talked about why this is
10 so important to all of the seniors in New York
11 State.
12 And, Mr. President, I like to
13 reflect on that moment because I remember
14 telling a story that day. And I told a story
15 about a woman who was 100 years old who lived
16 in Endicott, New York. And I told a story
17 about how I went to her birthday party and she
18 talked to me about how important it was that
19 she could still live with great dignity in her
20 home and how it was very nice, at a hundred
21 years old, she had more energy than probably
22 most of the people in this room, and that she
23 gardened, she still gardened, and she still
24 took care of her house.
25 And the one thing she said to me
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1 was that "I couldn't do it without the STAR
2 program."
3 And certainly enhanced STAR, this
4 proposal that we have on the floor today, is
5 going to help her even further, because it
6 means in Broome County the average senior's
7 check will go from $331 to $728.
8 Now, I can't speak for all of you,
9 because we have various costs of living in
10 different parts of the state and I know that
11 there's always issues here about salary
12 adjustments and what it costs to live on Long
13 Island or in the city versus other parts. But
14 I can tell you this, that a senior on a fixed
15 income in Broome County, New York, can buy an
16 awful lot with that $728.
17 And this woman who celebrated her
18 100th birthday will be able to continue to
19 live with great dignity in her home. Because
20 again, as Senator Bruno mentioned,
21 Mr. President, there's a surplus.
22 And, you know, Senator Duane,
23 you're right: In most cases it's always good
24 if you can kind of get the fiscal
25 responsibilities done around budget time.
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1 But, you know, our job is 24/7. Our job --
2 well, our sessions sometimes runs out in June.
3 I've been here in December, I've been here in
4 September, been here, you know, all year long.
5 And I think we have a
6 responsibility that when we have a surplus --
7 because as Senator Bruno mentioned, the good
8 work that this house has done over the
9 years -- that that surplus in this case needs
10 to be returned to the taxpayers. Because it's
11 not our money, it's their money. And we
12 sometimes forget that. We sometimes get
13 carried away and we spend the money as if it's
14 our money. But it's their money.
15 And in this case we're going to
16 give it back to those seniors that spent their
17 lives and dedicated their lives to our
18 communities and in this case Broome, Tioga and
19 Chenango County, where I represent, and I
20 think it's only fitting.
21 So, Mr. President, while we
22 sometimes wonder why things can't get done
23 during the budget process -- and as Senator
24 Bruno mentioned, it is a process of give and
25 take, and we don't always get everything we'd
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1 like to do for our constituents. And I'm sure
2 our colleagues on the other side of the aisle
3 don't always agree with some of the things
4 that come out. But at the end of the day, we
5 did agree, and we voted and the Governor
6 signed it and it went on to the Comptroller
7 and he certified it.
8 But indeed, when you have extra
9 revenue -- because we've had a good year -- I
10 think this is the thing to do, to give the
11 money back to those who deserve it most.
12 ACTING PRESIDENT WINNER: Thank
13 you, Senator Libous.
14 Senator Morahan.
15 SENATOR MORAHAN: Thank you,
16 Mr. President. Would Senator Bruno yield for
17 a question?
18 ACTING PRESIDENT WINNER: Senator
19 Bruno, do you yield to Senator Morahan for a
20 question?
21 SENATOR BRUNO: With great
22 pleasure, Mr. President.
23 ACTING PRESIDENT WINNER: Senator
24 Morahan, Senator Bruno yields.
25 SENATOR MORAHAN: Thank you,
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1 Mr. President.
2 Senator, since I've been here, each
3 year revenue projections have been put forth
4 by the Assembly, the Senate, and the Executive
5 branch. Am I correct in recalling that in
6 each of those budget years the Senate
7 projection was more on target than either of
8 the other two players?
9 SENATOR BRUNO: Your memory
10 serves you correctly, Senator. We were almost
11 right on almost every year over the last
12 twelve years, including this particular year.
13 SENATOR MORAHAN: That was my
14 next question, if you would continue to yield.
15 With this year here, our projection
16 that was made earlier, before March 31st,
17 before we had an almost-on-time budget, was
18 also correct?
19 SENATOR BRUNO: Yes, Senator,
20 absolutely correct. In fact, we specifically
21 talked about the 575 being closer to a
22 billion. And if you add the 575 with the 331,
23 it's almost right on. So you're right again.
24 SENATOR MORAHAN: Thank you,
25 Senator.
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1 Mr. President, could I now ask if
2 Senator Duane would yield for a question?
3 ACTING PRESIDENT WINNER: Senator
4 Duane, do you yield to Senator Morahan for a
5 question?
6 SENATOR DUANE: Yes,
7 Mr. President.
8 ACTING PRESIDENT WINNER: The
9 Senator yields.
10 SENATOR MORAHAN: Senator, on the
11 assumption that again this year, with the new
12 revenue projections coming in at the close of
13 the fiscal year, that the Senate projections
14 as originally projected are correct, how would
15 you spend that money?
16 SENATOR DUANE: Through you,
17 Mr. President -- through you, if -- I am going
18 to answer the question now, Mr. President.
19 I may very well end up voting for
20 this bill. But I would be remiss if as an
21 Irish person -- and I hope Senator Morahan
22 feels the same way, it would be an aberration
23 of Irish people -- that I'm a glass-half-empty
24 kind of guy. And I just want to be careful,
25 because feeling the glass is half full is
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1 sinful in Irish -- no matter what's in the
2 glass. Because a half-empty glass of
3 something stronger than water is what we look
4 forward to. Rarely do we feel that we get
5 enough of the other stuff in our glasses.
6 But anyway, so that's -- I just
7 wanted to question with caution towards our
8 fiscal reality. And as I say, I may very well
9 end up voting for this piece of legislation.
10 SENATOR MORAHAN: Thank you,
11 Mr. President. Will Senator Duane continue to
12 yield?
13 ACTING PRESIDENT WINNER: Senator
14 Duane, do you yield to Senator Morahan?
15 SENATOR DUANE: I guess I'd
16 better say sadly, yes.
17 SENATOR MORAHAN: Senator, I'm
18 sure you're aware that after this bill would
19 pass here, and with the Assembly's agreement
20 to pass it in that house, and that the
21 Governor would sign this particular piece of
22 legislation, then the Comptroller would verify
23 that the revenue projections as given at the
24 outset with this bill are correct and that the
25 state budget remains in balance.
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1 Is that your understanding of the
2 process?
3 SENATOR DUANE: Through you,
4 Mr. President, again, that's such a cheery
5 spin on what happens around here. Often the
6 Assembly doesn't pass what we pass, and often
7 we don't pass what they pass. And sometimes
8 we pass what they pass but we add something on
9 to it that they don't want in theirs, and
10 sometimes they don't want to pass something,
11 they want to add something on.
12 I harken back to the great joy I
13 feel when into this house comes Quick Draw
14 combined with the Loft Law renewal. One never
15 knows around here, Mr. President, in what form
16 a bill will go from house to house and
17 ultimately to the Governor's desk for
18 signature and the imprimatur, if you will, of
19 the Comptroller.
20 ACTING PRESIDENT WINNER: The
21 scrambled-eggs approach?
22 SENATOR DUANE: As best as I can.
23 SENATOR MORAHAN: Mr. President,
24 would Senator Duane continue to yield?
25 ACTING PRESIDENT WINNER: Senator
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1 Duane, do you continue to yield?
2 SENATOR DUANE: Absolutely,
3 Mr. President.
4 ACTING PRESIDENT WINNER: The
5 Senator yields.
6 SENATOR MORAHAN: Senator, would
7 you agree with me that for anything to get
8 done it has to start someplace, it has to
9 start in one house or the other or be a
10 program bill by the Governor?
11 SENATOR DUANE: Through you,
12 Mr. President, sometimes it does start in the
13 house here, but often it starts with the
14 grassroots or a phone call to a legislator
15 from a constituent. And a brilliant idea may
16 grow from that, and the egg may hatch. And as
17 an Irish person, I often like to eat my eggs
18 with a side of blarney.
19 SENATOR MORAHAN: Mr. President,
20 I tend to stay away from the ethnic humor that
21 may be put forth here by Senator Duane. But
22 it seems to me this is a very, very serious
23 piece of business, especially for our senior
24 citizens, homeowners in the State of New York,
25 who are very hard-pressed, as Senator Bruno
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1 outlined in his opening remarks.
2 And I want to congratulate Senator
3 Bruno for starting the process of returning
4 money that we have collected from our
5 taxpayers back to those taxpayers so they can
6 deal with escalating school taxes, they can
7 deal with escalating pharmaceutical prices, so
8 they can deal with life. And I want to
9 commend Senator Bruno for that, and support
10 this bill, and I look forward to your
11 affirmative vote, Senator Duane.
12 Thank you, Mr. President.
13 ACTING PRESIDENT WINNER: Thank
14 you, Senator Morahan.
15 Senator Little.
16 SENATOR DUANE: Mr. President,
17 just a point of personal privilege, because I
18 was mentioned in the previous Senator's
19 remarks. I would just like to take a moment
20 to respond, and to respond by saying I believe
21 I actually --
22 ACTING PRESIDENT WINNER: Senator
23 Duane, I don't believe that that's in order at
24 this time. If you'd like to be recognized at
25 a later date for the purposes of a response,
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1 we'll be glad to give you that opportunity.
2 SENATOR DUANE: You can count on
3 it, Mr. President.
4 ACTING PRESIDENT WINNER: Thank
5 you, Senator Duane.
6 Senator Little.
7 SENATOR LITTLE: Thank you,
8 Mr. President.
9 I'd like to stand in support of
10 this bill and this piece of legislation and
11 congratulate Senator Bruno on putting it
12 forth. Because at the end of the budget
13 process, when I looked at the STAR program --
14 which is very, very important to my
15 district -- only to discover that some of our
16 seniors who have, you know, in many ways some
17 of the lower incomes in the district, who are
18 were not getting an increase in their rebate
19 check as we were hoping everyone would. So to
20 have found there is a surplus of money and to
21 see that this surplus of money will be
22 returned to the taxpayers and go to our
23 seniors.
24 These are the seniors who are in
25 the enhanced program. And as you know, I
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1 represent an area of the state that has a lot
2 of second homes and a lot of high property
3 values and increasing property values. So if
4 you're a senior living in a home that you may
5 have paid $40,000, $60,000, $80,000 for, you
6 could now find your assessment at $240,000 up
7 to $300,000, and yet even though your
8 assessment has doubled, tripled, quadrupled,
9 your income has not.
10 So to be able to help these seniors
11 meet their tax obligation is very, very
12 important to me. And I know it's very
13 important to the people in my district. And
14 I'm very pleased that we are able to put this
15 measure forth, and I hope that the Assembly
16 will join us in doing this so that we can help
17 some of the people in our state who really and
18 truly would benefit by staying in their own
19 home, who want to stay in their own home, and
20 who find themselves in circumstances, due to
21 the high taxes and lower income, that they
22 just cannot do it.
23 So thank you very much, and I
24 certainly support this legislation.
25 ACTING PRESIDENT WINNER: Thank
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1 you, Senator Little.
2 Senator L. Krueger.
3 SENATOR LIZ KRUEGER: Thank you,
4 Mr. President.
5 If through you the sponsor would
6 yield for a question, please.
7 ACTING PRESIDENT WINNER: Senator
8 Bruno, Senator L. Krueger would like to ask
9 you if you would yield to a question.
10 SENATOR BRUNO: Yes,
11 Mr. President.
12 ACTING PRESIDENT WINNER: The
13 Senator yields.
14 SENATOR LIZ KRUEGER: Thank you,
15 Mr. President.
16 Senator Bruno earlier today in his
17 statement said that low-income and
18 middle-income senior homeowners were the most
19 deserving taxpayers in the state.
20 I just want to ask that as a
21 question. Is that your statement, Senator
22 Bruno, that the middle- and low-income seniors
23 who would receive this enhanced STAR program
24 are the most deserving in the state?
25 SENATOR BRUNO: I don't know,
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1 Mr. President, my specific words. But a great
2 need exists for middle-income and lower-income
3 people. That was my intent. I'm not sure how
4 I articulated that.
5 SENATOR LIZ KRUEGER: Thank you.
6 Mr. President, if through you the
7 sponsor would continue to yield, please.
8 ACTING PRESIDENT WINNER: Senator
9 Bruno, do you yield to another question from
10 Senator Krueger?
11 SENATOR BRUNO: Yes,
12 Mr. President.
13 ACTING PRESIDENT WINNER: The
14 Senator yields.
15 SENATOR LIZ KRUEGER: Thank you,
16 Mr. President.
17 What about renters who are senior
18 citizens who have incomes below $67,850?
19 Because my data shows me that the majority of
20 low-income seniors and middle-income seniors
21 in the State of New York actually are not
22 homeowners but in fact are renters. And it's
23 my understanding that no matter whether we
24 call it the STAR program, the enhanced STAR
25 program, a rebate check, a deduction from
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1 their taxes, they don't see the money from
2 this proposal.
3 SENATOR BRUNO: Mr. President, I
4 am being refreshed that during the budget we
5 enhanced the PIT, personal income tax, in the
6 city as an offset for what we were doing with
7 proposals in STAR that the Governor submitted
8 and what we responded with this legislation.
9 So I believe there's equity and
10 there's balance that we have tried to maintain
11 with the rest of the state and the city,
12 Mr. President, because we understand there is
13 a need with city dwellers and we understand
14 there's low-income, middle-income people
15 there. So we believe that with the Governor,
16 with the Assembly, with our colleagues here
17 that we have addressed that.
18 SENATOR LIZ KRUEGER: Thank you.
19 Mr. President, on the bill. Thank
20 you.
21 And I want to thank the sponsor for
22 his answers. And he highlighted something in
23 his last answer to me. Yes, we did some
24 minimal adjustment to the personal income tax
25 offset during the STAR negotiations during the
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1 budget.
2 I go back to my colleague Senator
3 Duane's point earlier, we did a budget very
4 recently and we made some changes to the STAR
5 program. We did some small enhancements to
6 the personal income tax for renters in the
7 City of New York. We did a budget, we did tax
8 expenditures, we did revenue projections, we
9 spent money. That's where big tax cut bills
10 should go, within the budget negotiations. As
11 Senator Bruno just pointed out, as we did in
12 this chamber a very short time ago.
13 We shouldn't do freestanding
14 tax-cut bills without an ability to explain
15 how we're going to pay for the lost revenue or
16 what the trade-offs are for any additional
17 changes in lost revenue or new expenditures
18 for the State of New York. Those bills, those
19 discussions should take place within
20 negotiations of the budget for exactly the
21 reason and the debate we're having here today.
22 If you were to ask the question
23 mathematically who are the seniors in the
24 State of New York who actually pay the highest
25 taxes and conceivably are most deserving of
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1 any excess revenue we might or might not have
2 in the State of New York, I would propose to
3 you that the math would not show it is simply
4 and only homeowners with incomes below $67,000
5 a year.
6 And though of course Senator Bruno
7 is correct when he talks about the higher
8 property taxes for homeowners in some parts of
9 the state than others, when you add the income
10 tax, as he pointed out, we have in New York
11 City, when you add the impact of excise and
12 sales taxes on people of different incomes, we
13 would actually find, if we took a look and we
14 did our homework, that in fact while certainly
15 senior citizens with incomes below $67,850 a
16 year with their own homes have a real concern
17 with the rate of taxes they pay, they are not
18 the lowest-income seniors in the state, they
19 are not the seniors with necessarily the most
20 disproportionately high tax bill when you add
21 all the costs together.
22 And yet again as we expand STAR, if
23 we expand STAR, what we find is that the five
24 largest cities in the state of New York,
25 because of the disproportionately large number
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1 of people who are renters, end up yet again
2 seeing more of the revenue in the state budget
3 move to other than them. The STAR program has
4 always been a program that was imbalanced in
5 where the revenue flows to. And so in fact in
6 a STAR enhancement rebate program, we see yet
7 again an imbalance of who gets and who
8 doesn't.
9 And I would argue that any
10 decisions made by this house as far as if
11 there's, if there's extra revenue -- and I
12 don't think it's yet really been proved -- if
13 there is extra revenue to be returned to the
14 taxpayers, I would argue that that should be
15 done in a broad-based equitable manner that
16 does not disproportionately impact only the
17 subuniverse of people who are homeowners
18 outside of specific areas of the state of
19 New York.
20 So one of my colleagues before
21 pointed out that if you're a senior living, I
22 believe, in Broome County and you're going to
23 get another $728 rebate check, that that goes
24 a long way in Broome County. I agree. But if
25 you're a low-income senior renter in the City
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1 of New York in my district and you see your
2 rent go up 7.5 percent per year, year in, year
3 out, even as a rent-controlled tenant -- and
4 it's your home. It's your home just as much
5 as if you're a 100-year-old woman who owns her
6 own home. If you're a 100-year-old woman
7 who's lived in the same apartment for the last
8 50 years and your rent is going up, by
9 statute, 7.5 percent each and every year, and
10 you're on the same fixed income as that
11 elderly woman in Broome County, you are
12 hurting badly. And your costs for all of your
13 taxes are hurting you badly.
14 And so I would argue not against
15 the argument that these are people who deserve
16 both our respect and our analysis of how we
17 decide to give back surplus revenue if we have
18 it -- and again, I have to keep saying "if"
19 because I just voted for a budget that said
20 that this was an agreed-upon revenue
21 projection, and that we basically spent the
22 money and committed some money to rainy day
23 funds and we know that we've got out-year
24 holes in our budget projections that we have
25 to plan for.
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1 So I don't disrespect that this is
2 one model of putting revenue back in the hands
3 of one subuniverse of low-and-middle-income
4 seniors throughout the state of New York, but
5 I would argue it's an inequitable model. And
6 it's an inequitable model for us to say that
7 today, after the budget is done, as a
8 one-house bill we're going to promise a tax
9 cut to a subuniverse of the population.
10 And the fact is that as every STAR
11 bill disproportionately is unfair to the five
12 big cities of the State of New York and
13 disproportionately is unfair to renters in the
14 State of New York, I will vote against this
15 bill. Because we keep moving down a road with
16 STAR of expanding the inequities, and we are
17 trying to turn one group of deserving seniors
18 as if they were a universe of a fight against
19 another group of seniors who are somehow
20 undeserving or less deserving because they
21 spend their lives living in rented homes as
22 opposed to owned homes, and I think that's
23 wrong.
24 So I will vote against this bill
25 because it is inequitable, even when you
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1 analyze the universe of who are low- and
2 middle-income seniors. It's inequitable in
3 how the money falls out because of the
4 modeling of STAR as a program against the
5 large cities of the state, and particularly
6 the City of New York. And I will vote against
7 this bill because tax cuts should be done
8 within the discussion and the debate and the
9 rubric and the parameters of a revenue fight
10 and an expenditure fight within the budget.
11 And we just did that, and we didn't do this.
12 So I will vote no. Thank you,
13 Mr. President.
14 ACTING PRESIDENT WINNER: Senator
15 Leibell.
16 SENATOR LEIBELL: Thank you very
17 much, Mr. President.
18 And this has been a very
19 interesting discussion and debate to listen
20 to. Senator Bruno, I want to thank you for
21 bringing this to the floor, because I believe
22 this will be one of the most important pieces
23 of legislation that we will address during
24 this session.
25 We had the chance last week to
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1 speak to some of the media and speak with them
2 about this issue, and if I could recap for you
3 my comments at that time. I represent a
4 district in the Hudson Valley where my
5 constituents pay some of the highest taxes not
6 just in the State of New York but in the
7 country. And for our senior citizens it's
8 been a particularly difficult burden.
9 And to respond to Senator Krueger,
10 I would note that in an area such as mine,
11 there is a sparsity of rental units that are
12 available. And in fact when someone owns a
13 home, that is frequently the best choice and
14 maybe the only choice that they actually could
15 have.
16 But ownership of a home where
17 you're paying very, very high property taxes,
18 as you get older and you're on a fixed income,
19 it can be a saga that ends only in defeat,
20 because you'll be forced to leave that home.
21 And I've seen that repeatedly now, not scores
22 of times but hundreds of times over the course
23 of years that I've been here.
24 And one of the saddest things
25 you'll see is when you go into a community and
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1 realize that a family has been there, brought
2 up their children, been active in the
3 community -- frequently been volunteer
4 firefighters, emergency service personnel --
5 who, because they're older now and living on a
6 fixed income, these high taxes are a noose
7 around their necks. It will in fact force
8 them to leave those homes that they've had and
9 they've raised their families in. That's one
10 of the saddest things you can see as a
11 legislator or as a neighbor.
12 So I'm very pleased to support this
13 legislation. I believe Senator Bruno is
14 keeping a commitment that he made during the
15 budget process to continue working in this
16 area, to make sure that our seniors not only
17 are not forced to leave New York State but in
18 fact will be allowed to stay in their homes.
19 Thank you, Mr. President.
20 ACTING PRESIDENT WINNER: Senator
21 Diaz.
22 SENATOR DIAZ: Thank you,
23 Mr. President.
24 When I got elected and I campaigned
25 to get elected, I promised the people in my
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1 district that I would vote my conscience and
2 that I would do the best of my ability to
3 support and to protect my constituents and the
4 people in the State of New York.
5 So Senator Bruno, I am not going to
6 ask you is the Governor going to sign this
7 bill. I'm not going to ask you that. I'm not
8 even going to ask you if the Assembly has a
9 bill or is the Assembly going to pass it. I'm
10 not going to ask you that.
11 I just want to tell you
12 congratulations. Because really, when it
13 comes to senior citizens, when it comes to the
14 protection of senior citizens, I have spent my
15 last ten years working and fighting for senior
16 citizens. And anything that anybody do for
17 senior citizens, does for senior citizens, I
18 appreciate.
19 If the Governor doesn't want to
20 sign this bill, if the Governor, Senator
21 Bruno, doesn't want to sign this bill, shame
22 on him. Shame on him. If the Assembly, my
23 colleagues, don't want to take this bill and
24 protect senior citizens, shame on them.
25 I didn't get elected to come here
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1 to vote for a Democratic Governor or for a
2 Democratic side or to vote for a Republican
3 side. That was not the purpose of me getting
4 elected. The purpose of me getting elected
5 was to deliver services to the people in my
6 community.
7 I understand that the people in my
8 community, the senior citizens in my
9 district -- I don't know if I could find one
10 senior citizen in my district, I don't know if
11 I could find one that makes $67,000 a year. I
12 don't even know if I could find one, or above
13 that. My senior citizens are poor,
14 low-income.
15 So anything that we could do -- the
16 only thing that I regret in this bill, Senator
17 Bruno, the only thing that I regret -- and I'm
18 praising you for the bill, and I'm supporting
19 this bill. And if the Assembly doesn't want
20 to pass it, that is their loss. The only
21 thing that I regret is that the City of
22 New York is not getting more money. They
23 should be getting more money, the senior
24 citizens from the City of New York.
25 Saying that, saying that, a bill
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1 like this, to be here four hours or two hours
2 or one hour questioning Senator Bruno or
3 questioning the purpose or the intent of this
4 bill when we all know that it's a good bill
5 and at the end we are going to vote for it --
6 and Senator Johnson, Craig Johnson, I
7 congratulate you because you are seeing the
8 light of the day in this bill and you are
9 protecting senior citizens. And I hope that
10 the senior citizens in your district in Long
11 Island know that they have a champion here
12 protecting the senior citizens.
13 So, Mr. President, through you, I
14 want to congratulate Senator Bruno, a
15 Republican, doing this for senior citizens in
16 my district. That's something to be, you
17 know -- thank you, Senator Bruno. Thank you
18 again. And the seniors in my district will be
19 more than happy with me for me supporting this
20 bill. And not only the seniors in my
21 district, I think that the seniors in the
22 whole State of New York will be more than
23 happy with me supporting the bill.
24 And this is not a Republican bill,
25 this is not a Democratic bill, this is a
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1 people's bill. And people should be supported
2 by everyone. So count my in the yes column
3 again.
4 Thank you, Mr. President. And
5 thank you, Senator Bruno.
6 ACTING PRESIDENT WINNER: Thank
7 you, Senator Diaz.
8 Senator Padavan.
9 SENATOR PADAVAN: Thank you,
10 Mr. President.
11 Several speakers, beginning with
12 Senator Duane, made mention of the fact that
13 there was a budget negotiated based on certain
14 revenues and we should stick to that and not
15 go beyond it. I believe that was the essence
16 of their comment.
17 But those of us who have been
18 around for a while will recall -- and this has
19 happened many years, not every year -- we'd
20 have a supplemental budget, we'd have a
21 deficiency budget, we'd have special budget
22 bills. We passed a couple today. One of them
23 was a bill I spoke to earlier about increasing
24 the pension benefits for the widows and
25 families of firefighters. There's a fiscal
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1 implication; it's $2.5 million. That was not
2 in the regular budget, but we passed it
3 unanimously.
4 So there's nothing hard and fast
5 about the revenue estimate of April 1st or
6 thereabouts. Because something happens on
7 April 15th; people start sending in their
8 payments. They pay their taxes.
9 Corporations, certain corporations pay their
10 revenues. And about this time, if not a
11 little earlier, we've got a very good idea of
12 what the state revenues are.
13 And as the Majority Leader stated
14 very specifically, we made an estimate that
15 turned out to be almost right on the button.
16 And that's now a fact. It's not an estimate
17 any longer, it's not a supposition, it is a
18 matter of reality.
19 Last week we had a bill on the
20 floor and I said to Senator Duane, who's over
21 there chatting with Senator Morahan, that he
22 was the only honest member of his side of the
23 aisle, because he got up and he said, "I made
24 a mistake, I shouldn't have sponsored the
25 bill, and I'm going to correct it by voting
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1 against it."
2 Well, the Governor made a mistake.
3 He should have accepted our estimate. And
4 then we would have done then what we are doing
5 now. And that would have been perhaps far
6 more appropriate and certainly beneficial, and
7 we wouldn't be spending this time discussing
8 this issue.
9 But hopefully the Governor, like
10 Senator Duane did last week, will admit he
11 made a mistake and, when this bill comes to
12 him with the revenues that are now in place,
13 he will see the efficacy of our initiative
14 that began earlier in the budget process and
15 sign it into law.
16 Thank you, Mr. President.
17 ACTING PRESIDENT WINNER: Thank
18 you, Senator Padavan.
19 Senator Farley.
20 SENATOR FARLEY: Thank you very
21 much, Mr. President.
22 I appreciated what you had to say,
23 Senator Diaz. Good for you.
24 Let me just say this, that my
25 daughter has a co-op in metropolitan New York
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1 City. She gets STAR. And all those seniors
2 there, there are a lot of co-ops and condos
3 and, incidentally, three-family units where a
4 person lives there, they get STAR. So there's
5 a lot of them that are going to be affected in
6 the metropolitan area.
7 But let me just say that as we
8 passed the largest budget in the history of
9 the State of New York, where we did a lot of
10 good things for a lot of people, my office was
11 absolutely inundated and stunned by the number
12 of seniors that called and said, "Gee, things
13 are going so well, how come STAR has been
14 decreased?"
15 And I applaud Senator Bruno and
16 this Majority for trying to address this.
17 Because in much of my district, a lot of my
18 district, they're very low income people that
19 really expected to see STAR enhanced and so
20 forth, and it wasn't. This is something that
21 we're about to correct, and I applaud
22 everybody in this chamber for addressing it.
23 It is a very important issue to a lot of
24 little people.
25 And when we go forward with this
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1 budget, there's no question about it, we have
2 the money to send this back to the people who
3 need it the most.
4 That's why I think it's a great
5 thing. And I think I would urge every one of
6 my colleagues that really care about what I
7 consider one of the most sensitive and
8 threatened people in our society, the
9 low-income seniors and so forth, that they're
10 able to get a STAR that is really significant.
11 I urge you to all vote yes on this bill.
12 Thank you, Mr. President.
13 ACTING PRESIDENT WINNER: Thank
14 you, Senator Farley.
15 Any Senators wishing to be heard?
16 The debate is closed.
17 Oh, sorry. Senator Nozzolio.
18 SENATOR NOZZOLIO: Yes,
19 Mr. President. I thought I was on the list.
20 And I apologize for interrupting, but I do
21 believe that this measure cannot have enough
22 said about it.
23 Senator Bruno, we appreciate very
24 much you bringing to the floor today an issue
25 that impacts every one of our seniors in this
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1 state and particularly in the areas that we
2 serve that have skyrocketing property tax
3 assessments where property is increasing in
4 value, citizens of the senior citizen status
5 have to make very important decisions, and
6 those decisions result in sacrifices --
7 sacrifices as to whether those seniors will
8 choose to pay for their groceries, their
9 electric bill, their prescription medicine, or
10 their property taxes.
11 That this STAR program has been the
12 greatest program on behalf of seniors, but to
13 have Senator Bruno's legislation that will
14 enhance STAR and provide necessary assistance
15 to those who need it the most is something
16 that we should champion. Each and every
17 member of this chamber should join and support
18 Senator Bruno's legislation because our
19 seniors need that relief, our overburdened
20 property taxpayers demand that relief, and
21 that that's the least that we can do to
22 provide that.
23 Our responsibilities as Senators
24 and as representatives do not end when the
25 budget is enacted. We need to continue to
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1 press policies that will make sense for our
2 citizens, and this measure makes dollars and
3 cents for our senior citizens.
4 Thank you, Mr. President. I rise
5 in support of this measure and urge its
6 passage.
7 ACTING PRESIDENT WINNER: Thank
8 you, Senator Nozzolio.
9 Senator Sabini.
10 SENATOR SABINI: Thank you,
11 Mr. President.
12 I rise with some concern because I
13 think while the intention of this legislation
14 is good, I'm skeptical as to its future. I
15 would much rather see us be considering
16 legislation I have that has an Assembly
17 sponsor, which would forestall property tax
18 pavements of all senior citizens if they so
19 choose until the estate paid them or until
20 they moved out of the boundaries of the state
21 of New York. That would guarantee seniors
22 wouldn't lose their homes because they'd have
23 that option not to lose their homes based on a
24 property tax payment.
25 So once again, in doing this,
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1 perhaps this body should have hearings on
2 this, on the issue of property taxes for
3 senior citizens, because if we did that
4 perhaps we'd find out that people did have
5 real concerns about losing their homes no
6 matter what the cost of their property tax
7 were.
8 You know, some people are on a very
9 fixed income. Some are down to Social
10 Security. And if we give people the option of
11 forestalling their tax, as in the bill
12 Assemblyman Lafayette and I carry, we wouldn't
13 be in this position of having to worry about
14 whether they'd lose their homes. We would
15 guarantee they wouldn't.
16 So while this may be laudable
17 legislation and I may wind up voting for it --
18 of course I don't vote for everything that I
19 necessarily put my name on -- but I would like
20 to see real consideration to a broad approach
21 to this that would guarantee that seniors
22 would never lose their home based on a
23 property tax bill.
24 Thank you.
25 ACTING PRESIDENT WINNER: Any
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1 Senators wishing to be heard?
2 The debate is closed.
3 The Secretary will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT WINNER: Senator
11 Schneiderman, to explain his vote.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Mr. President.
14 I appreciate this debate, and I
15 wish we had more opportunities to debate
16 fundamental issues before we get to this
17 point.
18 I must say that I agree with the
19 points made by Senator Krueger and
20 Senator Diaz about the concern that the City
21 of New York now subsidizes the rest of the
22 state by something on the order of $13 billion
23 or $14 billion a year, and yet our seniors do
24 not get their fair share of benefits of bills
25 like this. And that is a concern of mine.
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1 But listening to the rest of this
2 debate, especially the insightful and
3 extraordinarily passionate appeal of Senator
4 Craig Johnson, the advocate for seniors in
5 Nassau County, I will be voting in support of
6 this bill.
7 Thank you.
8 ACTING PRESIDENT WINNER: Senator
9 Schneiderman will be recorded in the
10 affirmative.
11 Announce the results.
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 829 are
14 Senators L. Krueger and Perkins.
15 Senators absent from voting:
16 Senators Breslin and Seward.
17 Ayes, 56. Nays, 2.
18 ACTING PRESIDENT WINNER: The
19 bill is passed.
20 Senator Bruno.
21 SENATOR BRUNO: Mr. President,
22 can we at this time return to the
23 noncontroversial calendar and take up Calendar
24 Number 830.
25 ACTING PRESIDENT WINNER: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 830, by Senator Bruno, Senate Print 5755, an
4 act in relation to the date for the 2007
5 primary.
6 ACTING PRESIDENT WINNER: Read
7 the last section.
8 THE SECRETARY: Section 4 --
9 SENATOR SABINI: Mr. President,
10 point of order.
11 ACTING PRESIDENT WINNER: Senator
12 Sabini, state your point of order.
13 SENATOR SABINI: I don't think
14 we've got these bills on our desks.
15 ACTING PRESIDENT WINNER: Senator
16 Sabini, I'm informed that the bills are in
17 your book.
18 SENATOR SABINI: They came out of
19 Rules Committee today, and I don't believe
20 they were put in the book. No one's opened my
21 book since I've been here.
22 ACTING PRESIDENT WINNER: Senator
23 Sabini, I am informed that the bills were put
24 in before session began.
25 SENATOR SABINI: Mr. President, I
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1 find that rather curious, since we just passed
2 them in committee.
3 ACTING PRESIDENT WINNER: Senator
4 Sabini, are you stating a point of order?
5 SENATOR SABINI: Yes, I am.
6 ACTING PRESIDENT WINNER: And
7 what are you curious about?
8 SENATOR SABINI: Why were they
9 put in the book before session if they just
10 passed in committee?
11 ACTING PRESIDENT WINNER:
12 Senator, your point of order is not well
13 taken. The bills were printed and placed on
14 the desk on May 3rd of 2007.
15 SENATOR SCHNEIDERMAN: The bill
16 says May 4th on the print.
17 SENATOR SABINI: The bill says
18 May 4th on the print.
19 (Laughter.)
20 SENATOR SABINI: And I believe
21 it's the tradition of the house that when the
22 bills come off the floor of committee, which
23 we shouldn't be having in the first place,
24 they're placed on our desks after the
25 committee votes on them and they're not
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1 given -- that's the tradition that's been here
2 since I've been here.
3 Mr. President, if I could just get
4 it clarified -- I'm willing to withdraw my
5 objection. I'd just like to get it clarified
6 as to what the procedure is.
7 ACTING PRESIDENT WINNER: Senator
8 Sabini, it is my understanding that the bill
9 is on your desk.
10 SENATOR SABINI: Can I ask, then,
11 how it gets calendarized without coming out of
12 committee? If the bill was on my desk with a
13 calendar number on it, how did it achieve that
14 calendar number if it hadn't come out of
15 committee?
16 ACTING PRESIDENT WINNER:
17 Senator, when they're introduced, they're
18 placed in the book. Your point of order is
19 not well taken.
20 SENATOR SABINI: Mr. President,
21 how are they placed in the book if they
22 haven't come out of committee? They're not on
23 the floor yet.
24 Mr. President, I understand we
25 don't get these calendar numbers until we come
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1 out of committee. So unless someone came in
2 and stamped all these on the floor, and I
3 didn't see anyone running around with a rubber
4 stamp, I think my point is well taken. I
5 would just like to know what the general
6 procedure is.
7 Mr. President, can I just offer to
8 solve this and have someone tell me it was the
9 wrong procedure and we can move on? Because
10 the bills are clearly calenderized now. But I
11 just don't understand how they got there with
12 a calendar number, and I just want to make
13 sure we're following the right procedure.
14 ACTING PRESIDENT WINNER: Senator
15 Bruno.
16 SENATOR BRUNO: Just by way of
17 information, I believe this went through
18 Elections, went to Rules -- which happens
19 many, many times -- to the floor, has a
20 calendar number. This is a unibill with the
21 Assembly, identical form.
22 So I don't know if we're talking
23 procedure or if the Senator wants to talk
24 about the merits of this legislation.
25 SENATOR SABINI: I hadn't gotten
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1 to the merits yet, Mr. President. I was just
2 trying to figure out how this got here with a
3 calendar number.
4 SENATOR BRUNO: Well, that's how
5 it got here, Mr. President. Through
6 Elections, through Rules, to the floor.
7 ACTING PRESIDENT WINNER: The
8 calendar number was assigned in anticipation
9 of the bill being reported from the floor.
10 The fact that the bill was stamped
11 on May 3rd instead of May 4th was an error.
12 The bill should have been stamped on May 4th.
13 SENATOR SABINI: And so we often
14 do things here in anticipation? It's like
15 professional wrestling, we give the number
16 ahead of time because we know it's going to
17 pass?
18 (Laughter.)
19 ACTING PRESIDENT WINNER:
20 Senator, your point of order now is not well
21 taken. So if you wish to withdraw it, as you
22 indicated, and speak on the merits, feel free.
23 SENATOR SABINI: The point of
24 order may be wrong, but the analogy was really
25 on target, I think.
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1 (Laughter.)
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT WINNER: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59. Nays,
10 1. Senator Maziarz recorded in the negative.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 Senator Bruno.
14 SENATOR BRUNO: Mr. President,
15 can we at this time take up Calendar Number
16 798.
17 ACTING PRESIDENT WINNER: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 798, by Senator Bonacic, Senate Print 5028, an
21 act to amend Part O-1 of Chapter 109 of the
22 Laws of 2006.
23 ACTING PRESIDENT WINNER: There
24 is a home-rule message at the desk.
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect --
3 SENATOR DUANE: Lay it aside,
4 please.
5 ACTING PRESIDENT WINNER: The
6 bill is laid aside.
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President,
9 can we take up Calendar Number 827.
10 ACTING PRESIDENT WINNER: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 827, by Senator Saland, Senate Print 5673, an
14 act to amend the Education Law.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 Senator Bruno, that completes the
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1 noncontroversial supplemental reading of the
2 calendar.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President,
5 can we at this time go to the controversial
6 calendar and take up Number 798, by Senator
7 Bonacic.
8 ACTING PRESIDENT WINNER: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 798, by Senator Bonacic, Senate Print 5028, an
12 act to amend Part O-1 of Chapter 109 of the
13 Laws of 2006.
14 SENATOR DUANE: Explanation,
15 please.
16 ACTING PRESIDENT WINNER: Senator
17 Duane asks for an explanation, Senator
18 Bonacic.
19 SENATOR BONACIC: Thank you,
20 Mr. President.
21 First of all, this is a home rule
22 bill. It's authorizing the Town of Sidney, in
23 Delaware County, to issue serial bonds in
24 relation to extending such authorization.
25 What had happened is this town had
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1 owned a hospital, and there was tremendous
2 debt on this hospital and they didn't know
3 whether they were going to lose the hospital
4 to bankruptcy or not. What happened was there
5 was an infusion of $2 million to help save
6 this hospital. But in addition, to make up
7 the deficit that this town owed, they floated
8 bonds which were going to be paid by the
9 property taxpayers of Sidney to help keep
10 their hospital.
11 The expiration ended in April. We
12 want to extend it to July 15th of '07. That's
13 the purpose of the legislation.
14 ACTING PRESIDENT WINNER: Any
15 other Senator wishing to be heard?
16 SENATOR DUANE: Explanation
17 acceptable, Mr. President.
18 ACTING PRESIDENT WINNER: The
19 debate is closed.
20 The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT WINNER: The
4 bill is passed.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 if we could lay the rest of the bills aside
8 for the day.
9 Is there any further business at
10 the desk?
11 ACTING PRESIDENT WINNER: Yes,
12 Senator Skelos, we have a motion.
13 Senator Nozzolio.
14 SENATOR NOZZOLIO: Thank you,
15 Mr. President.
16 On page number 34 I offer the
17 following amendments to Calendar Number 522,
18 Senate Print Number 3440, on behalf of Senator
19 Golden, and ask that said bill retain its
20 place on Third Reading Calendar.
21 ACTING PRESIDENT WINNER: The
22 amendments are received and adopted, and the
23 bill will retain its place on the Third
24 Reading Calendar.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President,
2 there being no further business to come before
3 the Senate, I move we stand adjourned until
4 Tuesday, May 8th, at 3:00 p.m.
5 ACTING PRESIDENT WINNER: On
6 motion, the Senate stands adjourned until
7 Tuesday, May 8th, at 3:00 p.m.
8 (Whereupon, at 6:18 p.m., the
9 Senate adjourned.)
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