Regular Session - March 2, 2011

                                                            939



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     March 2, 2011

        11                       3:15 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Senate will come to order.

         4                  I ask all present to please rise

         5       and join with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    Today's

        10       invocation will be offered by the Reverend

        11       Peter G. Young, of the Mother Teresa Community

        12       here in Albany.

        13                  Father.

        14                  REVEREND YOUNG:    Thank you,

        15       Senator.

        16                  As we feel the winds of March, we

        17       have a desire to make us therefore share in

        18       God's love, to aid in gentle kindness to help

        19       those that are weak, those that are sick or

        20       unfortunate.  In His love for us, God has

        21       called us therefore to show them mercy.

        22                  Amen.

        23                  ACTING PRESIDENT GRIFFO:    Thank

        24       you, Father.

        25                  Reading of the Journal.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    In Senate,

         3       Tuesday, March 1, the Senate met pursuant to

         4       adjournment.  The Journal of Monday,

         5       February 28, was read and approved.  On

         6       motion, Senate adjourned.

         7                  ACTING PRESIDENT GRIFFO:    Without

         8       objection, the Journal stands approved as

         9       read.

        10                  Presentation of petitions.

        11                  Messages from the Assembly.

        12                  The Secretary will read a

        13       substitution.

        14                  THE SECRETARY:    On page 11,

        15       Senator Maziarz moves to discharge, from the

        16       Committee on Energy and Telecommunications,

        17       Assembly Bill Number 3656A and substitute it

        18       for the identical Senate Bill Number 607B,

        19       Calendar Number 36.

        20                  ACTING PRESIDENT GRIFFO:

        21       Substitution so ordered.

        22                  Messages from the Governor.

        23                  Reports of standing committees.

        24                  Reports of select committees.

        25                  Communications and reports from



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         1       state officers.

         2                  Motions and resolutions.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President,

         5       would you call on Senator Klein, please.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Klein.

         8                  SENATOR KLEIN:    Thank you,

         9       Senator Libous.

        10                  Mr. President, on page 14 I offer

        11       the following amendments to Calendar Number

        12       86, Senate Print Number 1031, and ask that

        13       said bill retain its place on Third Reading

        14       Calendar.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       amendments are received and adopted, and the

        17       bill will retain its place on the Third

        18       Reading Calendar.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Also,

        21       Mr. President, I move that the following bill

        22       be discharged from its respective committee

        23       and be recommitted with instructions to strike

        24       the enacting clause:  Senate Number 583.

        25                  ACTING PRESIDENT GRIFFO:    So



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         1       ordered.

         2                  SENATOR KLEIN:    Thank you,

         3       Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Libous.

         6                  SENATOR LIBOUS:    Thank you,

         7       Mr. President.

         8                  On behalf of Senator Saland,

         9       Mr. President, on page 13 I offer up the

        10       following amendments to Calendar Number 71,

        11       Senate Print 2192, and ask that said bill

        12       retain its place on the Third Reading

        13       Calendar.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       amendments are received and adopted, and the

        16       bill will retain its place on the Third

        17       Reading Calendar.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Mr. President,

        20       before we start today, if I could just make a

        21       brief announcement.

        22                  Over the course of the last couple

        23       of days, Senators have been answering phones

        24       in the chamber.  Cellphones are not permitted

        25       in the chamber.  Members should not be



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         1       answering phones in the chamber.  Staff should

         2       not be answering phones in the chamber.  If

         3       you need to answer your cellphone, please

         4       leave the chamber.

         5                  And I just want to make that

         6       clarification because I have noticed that

         7       there have been quite a few folks that have

         8       been answering phones, and phones have been

         9       ringing.  When you walk into the chamber,

        10       please put your phone on vibrate or turn it

        11       off.

        12                  ACTING PRESIDENT GRIFFO:    Thank

        13       you, Senator Libous.

        14                  SENATOR LIBOUS:    Mr. President,

        15       Senator Marcellino would like to address the

        16       chamber.  I would ask for unanimous consent

        17       for him to do so.

        18                  ACTING PRESIDENT GRIFFO:    Without

        19       objection, unanimous consent is granted to

        20       Senator Marcellino.

        21                  SENATOR MARCELLINO:    Thank you,

        22       my colleagues.  Thank you, Mr. President.  I

        23       do appreciate the unanimous consent.

        24                  As you all know, we have a

        25       prohibition in this house from announcing



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         1       guests in the balcony, because if we did so,

         2       every other day someone would be announcing

         3       that.

         4                  And you all know that I would never

         5       break the rules of this august chamber by

         6       announcing the fact that we are visited today

         7       by the students of the Elwood School District,

         8       which happens to be one of my school

         9       districts.  They've come all the way up from

        10       Long Island to visit us and watch the Senate

        11       in action.

        12                  And if I was inclined to break the

        13       rules -- which I am not -- I would say

        14       congratulations, safe home, and have a great

        15       day.

        16                  Thank you, Mr. Chairman.

        17                  ACTING PRESIDENT GRIFFO:    We want

        18       to welcome the Elwood School group here today.

        19                  (Applause from the balcony.)

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Libous.

        22                  SENATOR LIBOUS:    Are we on

        23       motions and resolutions, Mr. President?

        24                  ACTING PRESIDENT GRIFFO:    We are

        25       indeed.



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         1                  SENATOR LIBOUS:    Okay, I believe

         2       there's a privileged resolution at the desk by

         3       Senator Robach.  I ask that its title be read

         4       and move for its immediate adoption, please.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator

         8       Robach, Legislative Resolution 718, honoring

         9       Jack Balinsky upon the occasion of his

        10       designation as recipient of the New York State

        11       Catholic Conference J. Alan Davitt Award for

        12       Exemplary --

        13                  SENATOR LIBOUS:    Excuse me,

        14       Mr. President, could we have -- I can't seem

        15       to hear the Journal Clerk.  There's a lot of

        16       commotion in the chamber.

        17                  ACTING PRESIDENT GRIFFO:    I would

        18       ask that we bring order to the chamber,

        19       please, that members would take their seats

        20       and take their conversations outside the

        21       chamber.

        22                  Thank you, Senator Libous.  The

        23       Secretary will continue to read.

        24                  SENATOR LIBOUS:    I want to listen

        25       to this very important resolution.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will read.

         3                  THE SECRETARY:    By Senator

         4       Robach, Legislative Resolution Number 718,

         5       honoring Jack Balinsky upon the occasion of

         6       his designation as recipient of the New York

         7       State Catholic Conference J. Alan Davitt Award

         8       for Exemplary Service by Archbishop Timothy

         9       Dolan and the Bishops of New York State.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       question is on the resolution.  All in favor

        12       of the resolution signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT GRIFFO:

        15       Opposed?

        16                  (No response.)

        17                  ACTING PRESIDENT GRIFFO:    The

        18       resolution is adopted.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Mr. President,

        21       at this time could we take up the

        22       noncontroversial calendar, please.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       55, by Senator Fuschillo, Senate Print 2580,

         2       an act to amend the Vehicle and Traffic Law.

         3                  ACTING PRESIDENT GRIFFO:    There

         4       is a home rule message at the desk.

         5                  The Secretary will read the last

         6       section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT GRIFFO:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 51.  Nays,

        13       2.  Senators LaValle and Zeldin recorded in

        14       the negative.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       73, by Senator LaValle, Senate Print 2628, an

        19       act to amend the Education Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 7.  This

        23       act shall take effect on the 90th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 53.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       93, by Senator LaValle, Senate Print 1940, an

         7       act to amend the Education Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT GRIFFO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 54.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       144, by Senator Grisanti --

        20                  SENATOR BRESLIN:    Lay it aside.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is laid aside.

        23                  Senator Libous, that completes the

        24       noncontroversial reading of the calendar.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.  Could we now take up the

         2       controversial reading of the calendar.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will ring the bell.

         5                  The Secretary will read.

         6                  THE SECRETARY:    Calendar Number

         7       144, by Senator Grisanti, Senate Print 3143A,

         8       an act to amend the Education Law, the Public

         9       Authorities Law, and the General Municipal

        10       Law.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Grisanti on the bill.

        13                  SENATOR GRISANTI:    Thank you.

        14                  My friends and colleagues, good

        15       afternoon.  First of all, this bill, I feel,

        16       is a bipartisan bill that will not only

        17       benefit Western New York but New York State as

        18       a whole.

        19                  I want to thank members of the

        20       Western New York delegation.  I want to thank

        21       Senator Maziarz, Senator Kennedy, Senators

        22       Gallivan and Ranzenhofer for their effort on

        23       this bill to move it forward.

        24                  I'm sure a lot of you in this room

        25       recall this bill from years past, but this



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         1       bill not just the University of Buffalo's

         2       ideas; the components of this legislation were

         3       initially proposed for the state's public

         4       universities by the Commission on Higher

         5       Education.

         6                  There has been in the past

         7       bipartisan support on this bill from prior

         8       governors, but as the economy declined so did

         9       the plan to have New York's public

        10       universities have the reform needed to be more

        11       efficient and be effective to compete with

        12       other institutions.

        13                  This bill continues on the path as

        14       a program to put those recommended reforms now

        15       in place.  In particular, given the cuts to

        16       University at Buffalo in the past few years,

        17       at a total of $63 million, these reforms are

        18       even now more critical for creating a

        19       world-class public higher education in

        20       New York State.

        21                  And as this moves forward, we as a

        22       legislative body can readily analyze and

        23       observe the merits of the various reforms.

        24       And as we assess these reforms, we can then

        25       decide on this pilot project for any



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         1       systemwide reforms that need to be taking

         2       place throughout the state.

         3                  At the same time, this legislation

         4       will serve as a major economic development

         5       initiative in Western New York.  This will

         6       address the chronic lack of economic growth in

         7       the entire Western New York region.

         8                  This bill today will benefit not

         9       only the economy, however, but students and

        10       families will benefit because the tuition

        11       policies laid out in this bill are fair,

        12       responsible, and predictable.  It will allow

        13       UB to use tuition revenue to pursue the

        14       University at Buffalo's plan for academic

        15       excellence while protecting students' access

        16       to high quality education especially for the

        17       state's neediest students.

        18                  There were major amendments put in

        19       this bill that affect specifically the tuition

        20       policies that allow students whose families

        21       make under $60,000 a year to be locked in to

        22       the State University of New York's tuition for

        23       this year, 2010-2011.  That's what they will

        24       pay if they go ahead and qualify for those

        25       four years.  It also sets money aside for an



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         1       in-house scholarship program for those needy

         2       students; 15 to 20 percent will be laid aside.

         3                  There are numerous aspects in this

         4       bill that deal with minority- and women-based

         5       organizations to make sure that they're hired.

         6       There are detailed plans that must be in place

         7       before any contracts are installed.  There are

         8       reviews.  There's a SUNY Board of Trustees

         9       that must oversee any tuition increases, which

        10       are minimal.

        11                  They are still part of the SUNY

        12       system, and they're still governed by the same

        13       regulations.  They just need a little bit of

        14       help in order to move forward.  And by moving

        15       forward, they will take care of the economy in

        16       the Western New York region that's been sorely

        17       lacking over these past years.

        18                  And I ask for your support on this

        19       bill.  Thank you very much.

        20                  ACTING PRESIDENT GRIFFO:    Thank

        21       you, Senator Grisanti.

        22                  Senator Kennedy on the bill.

        23                  SENATOR KENNEDY:    Thank you very

        24       much.

        25                  This is a historic day in these



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         1       chambers, a historic day for Western New York,

         2       the people of Western New York.  This bill is

         3       very unique.  And this is something that many

         4       of you have voted on in one form or another on

         5       numerous occasions.

         6                  This bill has become symbolic of

         7       many different things.  It has become

         8       symbolic, unfortunately, in many ways in the

         9       past, of Albany dysfunction.  It's become

        10       synonymous, though, moving forward, for the

        11       people of Western New York with hope.

        12                  And this is an amazing state that

        13       we live in.  And it's a very diverse state

        14       that we live in.  You know, in Western

        15       New York we have unique problems when it comes

        16       to job creation and economic development

        17       compared to the rest of the state.  In

        18       New York City it's been told that although the

        19       city represents 3 percent of the population of

        20       the nation, last year alone it accounted for

        21       10 percent of the nation's job growth.

        22                  Those are tremendous statistics.

        23       The City of New York and those representatives

        24       of the City of New York and downstate should

        25       be extremely proud of those kind of



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         1       statistics.  Those are amazing.

         2                  Those are statistics that we in

         3       Western New York and, quite frankly, across

         4       upstate New York, we want to mirror.  This

         5       bill begins the process of hope, of job

         6       creation, of economic development, of economic

         7       viability for the people of Western New York.

         8                  And while the population has

         9       shifted toward downstate, the population shift

        10       in upstate hasn't gone downstate, it's gone

        11       out of state.  Western New York suffered.  Our

        12       economy has suffered, and with it the

        13       population has suffered.

        14                  Individuals in Western New York

        15       have left the region because of a lack of jobs

        16       and opportunity afforded to them in Buffalo

        17       and Western New York.  Tens of thousands of

        18       jobs have left Western New York in the last

        19       decade.  Hundreds of thousands of jobs have

        20       left upstate New York in the last several

        21       decades.

        22                  We need to reverse these trends.

        23       We need to take unique steps, bold steps that

        24       are unique to the various regions of this

        25       state.  This is a unique bill to the people of



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         1       Buffalo.  This is a unique bill to the people

         2       of Western New York.  UB 2020 represents hope.

         3       It represents opportunity.  It represents a

         4       change to the status quo.  And it represents

         5       an opportunity for our region, Western

         6       New York, to move forward, to take a step in

         7       the reverse direction -- the right direction,

         8       the forward direction, reversing the trends,

         9       moving forward.

        10                  The statistics that are associated

        11       with this bill are amazing.  Hope comes

        12       because of optimism.  The optimism comes

        13       because of this bill and the statistics

        14       contained within this bill.  Billions of

        15       dollars of economic investment in Buffalo and

        16       Western New York are going to come from this

        17       bill, the passage of this bill not just in

        18       this house but in the Assembly as well.

        19                  I have been working in a bipartisan

        20       effort with my colleagues across the aisle in

        21       this chamber, in a bipartisan effort with our

        22       colleagues across the hall in the Assembly,

        23       and with this Governor to put forward

        24       legislation that works for the people of

        25       Western New York.  It works for the people of



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         1       all of New York State, whether you're from

         2       Western New York, whether you're from upstate,

         3       or whether you're from downstate.

         4                  I've been working very closely with

         5       the folks in the Democratic Conference over

         6       the course of the last two months.  I want to

         7       recognize my colleagues in the Democratic

         8       Conference who in 2009 spearheaded this bill,

         9       putting it forward because of the needs of

        10       western New York.

        11                  Today we're circulating a petition

        12       within the Democratic Conference -- I ask my

        13       colleagues across the aisle to do the same --

        14       to petition all of our colleagues, Democrat

        15       and Republican, in the New York State Assembly

        16       to recognize the needs and the importance of

        17       this bill to job creation, the needs and the

        18       importance of this bill to the future of the

        19       people in Western New York and all across

        20       New York State, no matter what side of the

        21       aisle you stand, no matter what side of the

        22       Hudson you live on.

        23                  This isn't just about Western

        24       New York, this isn't just about Buffalo, this

        25       is about New York State, the Empire State.



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         1       And we need to begin to make decisions in this

         2       chamber that are going to make the difference

         3       for future generations, both our kids, our

         4       grandkids and future generations that we're

         5       yet to meet.

         6                  I thank you for all the support

         7       coming out of the Democratic Conference, the

         8       Republican Conference, the recognition of the

         9       importance of this bill to the people of

        10       Western New York and of upstate New York and

        11       of New York State.  And I applaud the efforts

        12       of the University at Buffalo system in working

        13       with all houses in a bipartisan effort to get

        14       this bill passed today.

        15                  Thank you very much.

        16                  ACTING PRESIDENT GRIFFO:    Thank

        17       you, Senator Kennedy.

        18                  Senator Gallivan on the bill.

        19                  SENATOR GALLIVAN:    Thank you,

        20       Mr. President.

        21                  I would like to thank Senator

        22       Grisanti and my colleagues for all their work

        23       on this bill, for providing support to a bill

        24       that will benefit students, families, and the

        25       economy of Western New York, which of course



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         1       contributes to the economy of New York State.

         2                  This bill will give the University

         3       at Buffalo the opportunity to create a tuition

         4       policy that is fair, responsible and

         5       predictable.  And many of us, if not all of

         6       us, have heard our chancellor speak towards

         7       that goal.

         8                  It will enable UB to use the funds

         9       to pursue and enhance academic excellence and

        10       at the same time protect students' access to

        11       high-quality education, especially for our

        12       state's neediest students.

        13                  This bill gives UB relief from

        14       outdated state regulations.  It gives them the

        15       tools to move their strategic plan forward and

        16       assist in reversing years of cuts.

        17                  This bill is in direct response to

        18       why we are all here.  We represent our

        19       communities.  This has been identified as the

        20       number-one priority in Western New York, which

        21       cuts across numerous Senate districts,

        22       numerous Assembly districts.  Support exists

        23       from virtually every arena, from the business

        24       community, from labor, from faith leaders,

        25       civic organizations, grassroots organizations,



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         1       management, administration and students.

         2                  This is a high-impact and, perhaps

         3       more importantly in these times, a no-cost

         4       proposal.  It ends tuition roulette.  It

         5       protects access, it leverages private sector

         6       revenue and eliminates outdated, duplicative

         7       and burdensome regulations.  When enacted,

         8       this will provide UB the critical tools to

         9       become a world-class public research

        10       university, which will greatly increase its

        11       economic impact throughout the region,

        12       creating jobs and economic activity that many

        13       parts of our state, including Western

        14       New York, most and so desperately need.

        15                  UB is not merely an institution of

        16       higher learning, it's part of Western

        17       New York's cultural and economic foundation.

        18       For years we've been sold silver-bullet

        19       revitalization plans that have either failed

        20       to meet expectations or been left on the

        21       drawing board.

        22                  This is a realistic and attainable

        23       economic development project.  It has the

        24       potential to create thousands of permanent

        25       jobs, position our region to attract



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         1       businesses and compete in the 21st century

         2       economy.  I think we all have the obligation

         3       to support academic excellence, enhanced

         4       access, job creation and the growth of our

         5       economy.

         6                  Thank you.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator Gallivan.

         9                  Senator Ranzenhofer on the bill.

        10                  SENATOR RANZENHOFER:    Thank you,

        11       Mr. President.

        12                  First I would like to thank my

        13       colleague and neighbor Mr. Grisanti for being

        14       the prime sponsor of this bill, and also the

        15       other members of the Senate on both sides of

        16       the aisle -- Mr. Kennedy, Mr. Gallivan,

        17       Mr. Maziarz -- and also our colleagues in the

        18       Assembly.  This has been a unified effort from

        19       Western New York -- both Democrat, Republican,

        20       urban, suburban -- to push forth a program and

        21       a project that is very important for our area.

        22                  I think a lot of credit also needs

        23       to go to those at the University of Buffalo,

        24       from President Simpson to Megan Toohey to Ryan

        25       McPherson and the others who have so



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         1       diligently pushed this project and kept it on

         2       track, and for the members in this body who

         3       have kept it on track as well.

         4                  This is a very personal project for

         5       me because I'm a graduate of this university.

         6       When I first came to the Buffalo area nearly

         7       35 years ago, the university had three

         8       buildings on its campus.  It now has dozens of

         9       buildings.  It's fully developed now.  But it

        10       really needs to push forward to the next

        11       generation, and that is the UB 2020 project.

        12                  I understand the positive impact

        13       that UB has on our region, and it's critically

        14       important that UB 2020 be passed, not only for

        15       the university but for our community.  UB 2020

        16       will modernize and expand the University at

        17       Buffalo, and at the same time create

        18       opportunities and provide research and

        19       technology for businesses and other

        20       institutions in our community.

        21                  Just some points of information and

        22       some facts, Mr. President.  Enacting UB 2020

        23       will add over 750 faculty.  It will add 600

        24       support staff and 10,000 new students.  The

        25       increase in 10,000 new students to a new



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         1       downtown campus and to the campus which is in

         2       my district would contribute an additional

         3       $80 million to our local community and economy

         4       in Western New York.  Right now the University

         5       at Buffalo is an economic engine, and the

         6       UB 2020 plan would greatly boost that plan and

         7       that economy.

         8                  Some other points of information,

         9       Mr. President:  340 inventions, 102 patents,

        10       201 licensing agreements have already been

        11       produced at the school.  The technology and

        12       research at UB has directly resulted in over

        13       60 companies, new startup companies in the

        14       last four years.  When fully enacted and built

        15       out, UB 2020 would create up to 5,000 jobs.

        16                  These reforms will allow UB to

        17       serve as a model for the next generation of

        18       research universities in New York State.  And

        19       it will enable our children, our grandchildren

        20       to compete in the 21st century global economy

        21       in Western New York.

        22                  Members of our delegation from

        23       Western New York have fought very hard over

        24       the last two years to make this come to

        25       fruition.  I personally have been a believer



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         1       and I know my colleagues have been believers

         2       in the University at Buffalo for years.  And I

         3       believe that after passing this legislation

         4       today the entire New York State Senate will be

         5       a believer as well.

         6                  So, Mr. President, thank you for

         7       allowing me to speak on this bill.  I would

         8       urge my colleagues to support it.  Thank you.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Ranzenhofer.

        11                  Senator Rivera on the bill.

        12                  SENATOR RIVERA:    Thank you,

        13       Mr. President.

        14                  I sit on the Higher Education

        15       Committee, and yesterday I voted aye without

        16       rec on this bill.  And when I spoke to my

        17       staff about it and looked it over, I decided

        18       that I was going to vote no on it.

        19                  As somebody who is a product of

        20       public higher education back home in Puerto

        21       Rico, somebody who came to the United States

        22       originally to do my graduate work in a public

        23       institution -- CUNY, the CUNY Graduate Center

        24       in the city, in the State of New York -- as

        25       somebody who started his teaching career at



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         1       the CUNY system at Hunter College, I have

         2       serious concerns about this bill in a couple

         3       of different ways.

         4                  Certainly that I believe in a

         5       public higher education system, and something

         6       that starts to mix public with private I

         7       believe could cause problems, and I certainly

         8       do not want our public higher education system

         9       to become a private one.

        10                  I also have concerns about what

        11       this bill would do, if it could potentially

        12       actually create the jobs or just economic

        13       activity that it is supposed to create.

        14                  I have some concerns about the

        15       quality of education that could result from

        16       turning this into a research institution.

        17                  But I've never visited Buffalo,

        18       I've never had the opportunity.  And my friend

        19       and colleague Tim Kennedy, born and raised

        20       there, we've had various conversations about

        21       that in particular.  I hope that I can visit

        22       Buffalo soon.  And in that conversation, I

        23       realized that I had to listen to Tim, as

        24       somebody who very passionately expressed to me

        25       and to the rest of the conference how he feels



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         1       about the seriousness of the economic concerns

         2       in his region and the impact that this could

         3       potentially have in that region of the state.

         4       There's a couple of words that he kept

         5       mentioning, both "potential" and "hope."

         6                  I hope to visit Western New York

         7       soon; I hope to visit Buffalo.  And I'm going

         8       to vote yes on this bill today.  As I said, I

         9       do have serious concerns about it, but I do

        10       believe that to be able to give hope to this

        11       region of the state, and particularly in the

        12       way that Senator Kennedy has expressed how

        13       important this is to him, to his constituents,

        14       to the people that he represents, I will be

        15       supportive of him and to the people of Buffalo

        16       and Western New York today.

        17                  So I will be voting yes on this

        18       bill.  Thank you, Mr. President.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Diaz on the bill.

        21                  SENATOR DIAZ:    Thank you,

        22       Mr. President.

        23                  You know, in 2009 Senator

        24       Stachowski from Buffalo introduced this bill

        25       to the Senate floor.  Senator Stachowski is no



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         1       longer with us.  But he introduced this bill

         2       in 2009, and every Democrat voted for it.

         3       Seventeen members of the other party voted

         4       against.

         5                  And in 2010 we were in the

         6       majority, we had 32 votes.  And Senator

         7       Stachowski submitted another bill, similar --

         8       some difference -- and that bill never came to

         9       the floor, Mr. President, because I was the

        10       only one that opposed that bill.  And it

        11       didn't come to the floor last year, last year.

        12                  So I believe in public education,

        13       and I didn't want this to happen, thinking of

        14       other issues and other communities that would

        15       suffer.

        16                  But now Senator Kennedy, a

        17       distinguished representative from Buffalo,

        18       made a presentation that broke my heart.  And

        19       it designed to break my heart.  It broke my

        20       heart.  He made me understand the situation in

        21       Buffalo.  I'm from the city, I'm from the

        22       South Bronx, but he made me understand the

        23       situation in Buffalo.  And he described the

        24       benefits that the residents of Buffalo that he

        25       represents will obtain with this bill.



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         1                  And last year I stopped this bill

         2       from coming to the floor.  And in 2009, I'm

         3       going to repeat again, 17 members of the other

         4       side voted against.

         5                  So we are facing this bill again

         6       today.  And listening to the explanation that

         7       Senator Kennedy gave us, I will support this

         8       bill.  I hope that Senator Stachowski is

         9       listening.  Praise be to him.  He introduced

        10       it and he'd been fighting for this and the

        11       Democratic Conference have been fighting for

        12       this.

        13                  And today I hope that the 17

        14       members of the other side that voted against

        15       in 2009 will join me today in changing their

        16       mind.  I'm changing my mind.  Senator Kennedy

        17       made me change my mind.  I listened.  So I am

        18       asking the 17 members of the other side that

        19       voted against this bill in 2009 to follow me,

        20       to follow my example and change their mind too

        21       and support this bill today.  Unanimously,

        22       everybody in the chamber, 60 votes, 62 votes

        23       in the chamber, to send a message that we care

        24       for Buffalo.

        25                  And to those people that told me



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         1       last year and the year before that I didn't

         2       care about Buffalo, and those 17 that voted

         3       against in 2009 -- I'm sticking you, right?

         4       I'm asking you again, please join me.  Let's

         5       vote for Buffalo.  Amen.  Let's do it for

         6       Buffalo.

         7                  Grisanti, thank you -- I mean

         8       Kennedy.  And Grisanti -- and Grisanti, thank

         9       you for submitting the bill today, because you

        10       are now a member of that side and maybe now

        11       you convince the other 17 to join us.  So

        12       Grisanti, thank you.  And Kennedy, thank you.

        13       What was that?  Who?  Oh, let me see if it's

        14       in the list of the 17.

        15                  So I'm changing my mind.  I'm

        16       voting yes.  And I hope every single member of

        17       this body vote yes today.

        18                  ACTING PRESIDENT GRIFFO:    Thank

        19       you, Senator Diaz.  Maybe next we'll hear him

        20       singing the Buffalo Bills fight song.

        21                  (Laughter.)

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Adams on the bill.

        24                  SENATOR ADAMS:    Thank you,

        25       Mr. President.  I just want to rise also and



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         1       just voice that my colleague Senator Rivera

         2       stated some of my concerns.

         3                  And I did travel to Buffalo and saw

         4       what the school is doing.  This is an amazing

         5       development, an amazing opportunity.  The land

         6       that they're going to build over, I spent five

         7       hours on the campus and walked through and saw

         8       some of the investment that's going to be

         9       attracted.

        10                  So one should not mix up what

        11       Buffalo is attempting to do with our concerns

        12       for making sure that education remains

        13       affordable.  SUNY and CUNY is important to

        14       many of us throughout the entire state.  I

        15       commend all my colleagues in Buffalo for what

        16       they are attempting to do.

        17                  Buffalo needs help, many of our

        18       regions upstate need.  And I really commend

        19       Senator Kennedy for really taking the time and

        20       speaking to each member on this side of the

        21       aisle to explain how important this bill is

        22       and what UB 2020 means for the region.

        23                  I think UB 2020 is going to start

        24       the development in the upstate region.  And

        25       anyone who has spent time in Buffalo, I'm



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         1       hoping everyone will take a trip up, that you

         2       can sponsor those colleagues from that area to

         3       show what's taking place on that Buffalo

         4       campus.  This is an amazing opportunity for

         5       that region.  This is an amazing opportunity

         6       for the upstate area.  And I'm hoping that

         7       everyone will join the rest of us in

         8       supporting UB 2020 and what it could bring.

         9                  I thank you, Senator Kennedy and

        10       other colleagues from the Buffalo area --

        11       Senator Maziarz, who's also a Dominican also,

        12       right?  I thank you for this opportunity to

        13       support a bill of this importance.

        14                  Thank you.

        15                  ACTING PRESIDENT GRIFFO:    Senator

        16       Breslin on the bill.

        17                  SENATOR BRESLIN:    Thank you,

        18       Mr. President.  Very briefly.

        19                  I know some have shared their

        20       concerns with this bill.  I think people

        21       across the state who represent areas with

        22       other of the major universities, including

        23       myself with Albany, obviously have some

        24       concerns.  People who have labor support have

        25       some concerns.



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         1                  But I think, in the end analysis,

         2       the words "prosperity" and "hope" really drive

         3       the opinion.  And I commend Senator Grisanti,

         4       Senator Kennedy, the others from the Buffalo

         5       area for this bill because that hope and

         6       prosperity is so key to prove that this body

         7       can come together and not talk about upstate

         8       or downstate, and not talk about east or west

         9       in New York, or Jamestown to the Island, but

        10       talk about how we're one New York.  And one

        11       New York to help our brothers and sisters not

        12       from a particular area around us, but who need

        13       that help for economic development.

        14                  And I know that I'm parroting in

        15       some respects to what Senator Kennedy did in

        16       our conference, is to drive home that message

        17       that this is critically important for the

        18       future, for the prosperity, for not only the

        19       University of Buffalo, not only Buffalo

        20       itself, but the whole area of Western

        21       New York.

        22                  And I am proud to say that I will

        23       support this, as I'm sure that many others in

        24       our conference and in both conferences will do

        25       today.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT GRIFFO:    Thank

         3       you, Senator Breslin.

         4                  Senator Libous on the bill.

         5                  SENATOR LIBOUS:    Thank you,

         6       Mr. President.

         7                  Senator Diaz, you've convinced me.

         8                  (Laughter.)

         9                  SENATOR DIAZ:    Praise be to God.

        10                  SENATOR LIBOUS:    Senator Adams, I

        11       have been to Buffalo to watch the Giants beat

        12       the Bills.

        13                  I voted against this bill the last

        14       time it was before this house, and I voted

        15       against it for a couple of reasons.  One

        16       reason was that I was not included in any of

        17       the discussions on the bill.  When the bill

        18       came to the floor, I had no clue what was in

        19       it, no idea at all as to what effect it was

        20       going to have on Western New York or anywhere,

        21       for that matter.

        22                  I know UB is very important to my

        23       colleagues in Western New York.  BU,

        24       Binghamton University, is very important to me

        25       and in the Southern Tier region.  And like UB,



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         1       BU is the economic engine of the Southern

         2       Tier.  Without it, it would be a different

         3       place.  It would be a different place.

         4                  But I also understand, as I think

         5       as Senator Rivera said, that every now and

         6       then we have to step back.  And in my 23rd

         7       year now here, I've always tried to be helpful

         8       to any of my colleagues on either side of the

         9       aisle when it pertained to their home.

        10       Because let's face it, we are elected by the

        11       people in our region, in our districts, and at

        12       least for two years we're elected because they

        13       think that we will do what's best for that

        14       area that we represent.

        15                  I believe that Senator Grisanti and

        16       my other colleagues that are here -- Senator

        17       Gallivan, certainly Senator Ranzenhofer, we'll

        18       hear from Senator Maziarz, and certainly

        19       Senator Kennedy, our new Senator from the

        20       other side of the aisle -- come from a region

        21       that needs help.  They need help just like the

        22       Binghamton area needs help and other upstate

        23       communities need help.

        24                  Senator Diaz, I'm going to help

        25       them today.  I'm going to support this bill



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         1       because it's important to their communities,

         2       it's important to our colleagues.

         3                  And I hope that when we get to the

         4       point where we can help other communities,

         5       like the Southern Tier and certainly

         6       Binghamton University, who is the tremendous

         7       economic engine of our community -- and I know

         8       that Senator LaValle as chairman of the Higher

         9       Education Committee has been working

        10       tirelessly to try to negotiate on behalf of

        11       this house and members who have universities

        12       and colleges for good things, hopefully, in

        13       this budget so that we too can move forward

        14       with our universities and our colleges to do

        15       what's best for all the communities.

        16                  But today, I want to help Buffalo.

        17       And I am going to give you a vote of

        18       confidence to my colleagues because I really

        19       believe that after spending the time that I

        20       have with Senator Grisanti and my other

        21       colleagues and listening to their plea, that

        22       this means something to the region.  This is

        23       serious, not only for them but for the people

        24       that elected them to come here and represent

        25       them.



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         1                  For that reason, they have my

         2       commitment this afternoon.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Maziarz on the bill.

         5                  SENATOR MAZIARZ:    Could I yield

         6       to Senator LaValle, please.

         7                  ACTING PRESIDENT GRIFFO:    You may

         8       indeed.

         9                  Senator LaValle on the bill.

        10                  SENATOR LaVALLE:    Thank you very

        11       much, Mr. President.

        12                  Senator Libous, thank you for your

        13       kind words.  And there will be a point in time

        14       when I think the other university centers --

        15       Albany, Binghamton, Stony Brook -- will also

        16       be able to share.

        17                  But my remarks today, because I've

        18       heard a lot of names mentioned -- the sponsor

        19       of this bill is Senator Grisanti, along with

        20       other members of Western New York.  This bill

        21       would not be on this floor today without his

        22       doggedness, his persistence that this bill --

        23       for his region, for his district, for Western

        24       New York -- was critically important.  Others

        25       can take a bow, but the person who should be



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         1       at the center of the stage is Senator

         2       Grisanti, who is the sponsor of this bill and

         3       has put it forward.

         4                  So, Senator Grisanti, I can now

         5       probably go to the men's room without you

         6       following me and lobbying that the bill should

         7       be on the Higher Ed agenda.

         8                  And we have moved this bill early

         9       in the session, and it's because of again Mark

        10       Grisanti's persistence and his group of

        11       Western New York support staff who have

        12       obviously been a critical part of everything

        13       that is happening today.  So I just want to

        14       congratulate you prematurely, Senator

        15       Grisanti.

        16                  Thank you.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Klein on the bill.

        19                  SENATOR KLEIN:    Thank you,

        20       Mr. President.

        21                  I too rise in support of this very

        22       important piece of legislation, and I want to

        23       particularly single out Senator Grisanti and

        24       Senator Tim Kennedy and the rest of the

        25       Western New York delegation for fighting hard



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         1       to bring this bill to the floor today.

         2                  A previous version of this bill did

         3       pass; a SUNY Empowerment bill which included

         4       more schools unfortunately did not because of

         5       misinformation and politics last session.

         6                  But I am glad today we stand here

         7       and we send a clear message to the University

         8       of Buffalo, one of the jewels of our SUNY

         9       system, that we do care about their

        10       institution, which is one of the best examples

        11       of higher education that we have in the State

        12       of New York, and that it will enhance their

        13       ability to educate our young people.

        14                  And also we're letting Western

        15       New York know, specifically Buffalo and the

        16       surrounding areas, that we care about their

        17       economy.  This piece of legislation is going

        18       to create thousands of jobs, bring

        19       construction jobs to research jobs to

        20       janitorial jobs in an area of our state that

        21       certainly needs help.  This is a comprehensive

        22       approach, not only enhancing our education

        23       system in the State of New York but also

        24       stimulating the economy in Western New York.

        25                  I think one of the things we have



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         1       to be mindful of, that we all sit in this

         2       chamber, in the State Senate, and we all care

         3       about our own individual districts, we all

         4       care about our individual regions, but I think

         5       there comes a time where you also have to be

         6       mindful of the fact that we do serve in a

         7       statewide legislative body.  And when a member

         8       of the Senate like Senator Kennedy and Senator

         9       Grisanti talk about how important this is to

        10       their region, how this could really be the

        11       lifeblood and the future of their economy, I

        12       think we have to listen and support them

        13       overwhelmingly.

        14                  So, Mr. President, it's my

        15       privilege to support my colleagues in Western

        16       New York, enhance a great institution, create

        17       jobs in Western New York.  I vote yes.

        18                  ACTING PRESIDENT GRIFFO:    Thank

        19       you, Senator Klein.

        20                  Senator Martins on the bill.

        21                  SENATOR MARTINS:    I too rise in

        22       support of this bill, and I want to

        23       congratulate my colleague Senator Grisanti for

        24       having presented this bill and having

        25       persuaded so many of us as to the importance



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         1       of this bill not only for Western New York but

         2       for all of New York State.

         3                  And I must say I am extraordinarily

         4       proud today at the tenor that we've taken with

         5       respect to this bill and with respect to the

         6       needs of Western New York.

         7                  Congratulations, Senator Kennedy,

         8       Senator Gallivan, Senator Maziarz for bringing

         9       this important issue to our attention but also

        10       for stressing the need.  We are one state.

        11       What happens in Western New York affects us on

        12       Long Island, and just as things on Long Island

        13       also affect Western New York.

        14                  And so congratulations again.

        15       Thank you for giving us this opportunity to

        16       once again show that as a state we can

        17       overcome, sometimes, some of those divides

        18       that do crop up from time to time.  And I'm

        19       looking forward to voting yea on this bill,

        20       but also supporting the jobs, the increased

        21       economy and the improvement to the lives of

        22       those residents in Western New York.

        23                  So to Senator Grisanti and to the

        24       Senators of Western New York, congratulations.

        25                  ACTING PRESIDENT GRIFFO:    Thank



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         1       you, Senator Martins.

         2                  Senator Savino on the bill.

         3                  SENATOR SAVINO:    Thank you,

         4       Mr. President.

         5                  This will be I think the third time

         6       in as many years that I have voted in favor of

         7       this bill in one way, shape or form.  And I'm

         8       very happy to congratulate both my new

         9       colleagues Senator Kennedy and Senator

        10       Grisanti for doing something that your two

        11       predecessors were not able to do, and that was

        12       to get the Senate to come together to do the

        13       right thing for the people of Western

        14       New York.  So congratulations to both of you.

        15                  I actually joked with Senator

        16       Kennedy that if we had been able to pass this

        17       bill back I think it was late August, in our

        18       final night of session, perhaps neither one of

        19       them would be here with us today.  It was that

        20       important to Western New York.

        21                  But just to clarify for Senator

        22       Diaz, we did bring this bill to the floor.  It

        23       was the final night that we were in session

        24       last year.  I was presiding.  And three times

        25       we attempted to get the votes necessary to



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         1       pass this bill and were finally forced to take

         2       it off the floor.

         3                  I see Senator Maziarz shaking his

         4       head, because he was in charge of rounding up

         5       votes in the Republican Conference.  And

         6       Senator Thompson, who is no longer with us,

         7       and Senator Klein and Senator Adams, I

         8       believe, were responsible for rounding up

         9       votes in our conference.

        10                  And we couldn't do it.  We just

        11       didn't have it.  It was too contentious.

        12       There were those who felt that their issues

        13       that weren't being resolved.  There were some

        14       who felt that the bill went too far, others

        15       felt it didn't go far enough.  And we weren't

        16       able to do it.  And as a result, we failed the

        17       people of Western New York and Binghamton and

        18       Stony Brook.

        19                  Well, we're not covering all of

        20       those people today.  We still have issues that

        21       affect SUNY Binghamton; we still have issues

        22       that affect Stony Brook.  But we're able to do

        23       something right for the people of Western

        24       New York and Buffalo with the passage of

        25       UB 2020.



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         1                  So I am very confident that when

         2       Tommy Testo starts to take the vote this time,

         3       we're not going to have to stop and run into

         4       conference.  I am very confident that we're

         5       not going to have to take this vote more than

         6       once today.  I am almost confident that we're

         7       going to be able to pass this vote close to

         8       unanimously.  And if we do, it will be a step

         9       in the right direction for economic

        10       development for the people of Buffalo.  And it

        11       will be the right thing to do by this body,

        12       which will be the third time we've tried to.

        13                  So today, Senator Kennedy, I think

        14       we're going to do the right thing.

        15       Congratulations.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Montgomery on the bill.

        18                  SENATOR MONTGOMERY:    Thank you.

        19       Thank you, Mr. President.

        20                  I must apologize to Senator

        21       Grisanti; I haven't had an opportunity to meet

        22       you and talk to you.  But certainly Senator

        23       Kennedy has been really, really very, very

        24       actively pushing for the passage of this

        25       legislation.



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         1                  So I want to thank you, Senator

         2       Kennedy, because I know you've talked to the

         3       conference, you've talked to us individually,

         4       and you've made it very, very clear and

         5       understandable what is the importance of this

         6       legislation.

         7                  I must say that it really is a step

         8       that we're taking.  It's new.  We're moving

         9       into uncharted territory, I understand that.

        10       I know that many of our citizens are not sure

        11       about the ramifications, long term, and the

        12       implications of what we're doing.

        13                  But since the building of this

        14       magnificent system of higher education in our

        15       state -- and I believe it was expanded by none

        16       other than the Republican Governor Rockefeller

        17       when he was governor way back when and

        18       insisted on us having a premier higher

        19       education system open and available and

        20       accessible to all of our citizens.

        21                  So we have an extensive university

        22       system that includes a strong community

        23       college system as well as four major higher

        24       institutions, higher ed centers, university

        25       centers.  And we also have several medical



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         1       schools associated with and affiliated with

         2       and that's part of the SUNY system.

         3                  So it's a magnificent system.  We

         4       now see that Buffalo is going to move to the

         5       next level to become a real economic engine in

         6       our state.  That, I believe, was part of the

         7       original mission anyway.  And so this really

         8       is -- we're taking this step hopefully to

         9       fulfill that part of the mission in a very

        10       different way.  And SUNY Buffalo, SUNY Buffalo

        11       is going to be the first one to move out into

        12       that arena.

        13                  So I am looking forward to great

        14       things happening.  I know that this

        15       legislation is not the final piece, but

        16       certainly it's a good beginning.  And it

        17       forces all of us to look and rethink what our

        18       university system is, should be doing, ought

        19       to be doing, where it needs to be especially

        20       as it relates to really fulfilling its mission

        21       as the university systems have throughout our

        22       country, and that is be the beacon of

        23       progress, especially in the areas of economic

        24       development and scientific research and

        25       producing citizens who can compete in a world



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         1       that we have never known.

         2                  So I'm very happy to support this

         3       legislation.  And as I say, for those who --

         4       for those of us -- many of us have had

         5       questions and still have questions and

         6       concerns.  But I do think this is the right

         7       step to take.  And I thank the new Senator the

         8       newest Senator among us, Senator Kennedy, for

         9       pushing us out to make this happen.

        10                  Thank you, Mr. President.  I'll be

        11       voting aye.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Perkins.

        14                  SENATOR PERKINS:    Thank you.

        15                  I just want to first express my

        16       deep appreciation to my colleague Senator

        17       Kennedy for his diligence and articulation

        18       about the significance of this bill to his

        19       community and to Western New York and how well

        20       he has managed to help our conference

        21       understand how important it was to him not

        22       only personally but, more importantly, to his

        23       community.

        24                  I'm not going to be able to vote

        25       for this legislation.  In the past, I've had



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         1       that opportunity with the expectation that

         2       some of my concerns that were in the prior

         3       bills might be addressed in future bills.  And

         4       I don't see them addressed in this particular

         5       bill either.

         6                  I'm very concerned about the

         7       privatization of the public university system,

         8       and I think that that type of privatization

         9       which is reflected here diminishes

        10       opportunity, as opposed to increasing

        11       opportunity, because of those types of models

        12       that I've seen in the past.

        13                  I also am concerned that this

        14       particular piece of legislation does not

        15       provide the kind of legislative oversight that

        16       I would like to see in the final version of

        17       the legislation.

        18                  I believe, in fact, that there will

        19       be more opportunities to come.  I don't think

        20       this is the last time we're going see this

        21       bill.  I think we're going to see it again,

        22       and I'm hoping that some of the concerns that

        23       I've expressed in the past will be put into

        24       the bill that we ultimately decide upon.

        25                  Thank you.  I will not be voting



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         1       for the bill.

         2                  ACTING PRESIDENT GRIFFO:    Is

         3       there any other Senator wishing to be heard?

         4                  Seeing none, I call upon Senator

         5       Maziarz to close debate.

         6                  SENATOR MAZIARZ:    Thank you very

         7       much, Mr. President.

         8                  And thank you very much to all of

         9       my colleagues on both sides of the aisle.  I

        10       just particularly want to mention Dr. John

        11       Simpson, former president of the University at

        12       Buffalo, who had the vision to start this

        13       process almost five years ago by building

        14       consensus within the Western New York

        15       community, something that's not very easy to

        16       do.

        17                  As Senator Ranzenhofer mentioned,

        18       just the staff at the University at Buffalo

        19       has been great -- Megan Toohey, Ryan

        20       McPherson, they've done an excellent, an

        21       excellent job.

        22                  You have no idea, you have no idea

        23       how much this particular piece of legislation

        24       means to Western New York and to Buffalo.  I

        25       think it's ironic, as somebody who's been here



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         1       a few years, the senior member of the Western

         2       New York delegation now, that it took two

         3       freshmen members, Senator Grisanti and Senator

         4       Kennedy, to kind of work both of their

         5       conferences into an area of agreement.  I

         6       suspect, just from hearing some of the

         7       comments on the other side, that this

         8       legislation is going to pass with overwhelming

         9       support today.

        10                  I do want to again particularly

        11       thank Senator Ken LaValle and the members of

        12       the Higher Education Committee.  Originally I

        13       know the original print of this version that

        14       Senator Grisanti was made better because of

        15       some of the suggestions made by Senator

        16       LaValle and other members of the Higher

        17       Education Committee.

        18                  All of the things that were said

        19       today on both sides of the aisle mean a great

        20       deal.  I can assure you, even those of you

        21       with questions on this bill, that this is

        22       going to make the University at Buffalo a

        23       better public institution, an institution that

        24       creates a lot of jobs, a lot of opportunities

        25       for young people in Western New York and



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         1       really across the State of New York, because

         2       so many individuals, so many students from

         3       outside of the area go to this great

         4       university.

         5                  I want to point out that my former

         6       colleagues, all our good friends, Senator

         7       Stachowski, Senator Volker, would be very

         8       proud of us today.

         9                  Senator Savino again pointed out

        10       how it took these two freshmen members who

        11       didn't know maybe some of the standard

        12       procedures of operating around here, who

        13       didn't maybe have some of the differences of

        14       opinions with other members, that it took them

        15       to sort of carry the load in both of these

        16       conferences to get us to a point where we are

        17       going to overwhelmingly support this

        18       legislation.

        19                  What we're doing today is important

        20       for Buffalo and for Western New York.  And I

        21       don't represent one inch of the City of

        22       Buffalo, but this is important for Buffalo.

        23       It's important for another former colleague of

        24       ours, former Senator Byron Brown.

        25                  But what this is going to do,



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         1       passing it this early in the session is going

         2       give us the opportunity to work with our

         3       colleagues in the other house and in the

         4       Governor's office to come out with a UB 2020

         5       that has acceptance and will pass in both

         6       houses and be signed into law by the Governor.

         7                  And when the Governor does sign

         8       that legislation in Buffalo, you're all

         9       invited to be there.  At Senator Kennedy and

        10       Senator Grisanti's expense.

        11                  (Laughter.)

        12                  SENATOR MAZIARZ:    There will be a

        13       football game that day, right.  It will be in

        14       the fall of the year.

        15                  So anyway, again, I sincerely, from

        16       the bottom of my heart, appreciate all of your

        17       support for this legislation.  I know many of

        18       you have doubts.  Many of you would probably

        19       have suggestions to make this a better bill.

        20       This means a lot.  It means a lot to me

        21       personally, it means a lot to my four

        22       colleagues from Western New York.  And I can

        23       assure you, I can assure you that this will

        24       make Buffalo, the University at Buffalo, and

        25       Western New York a much better place to live



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         1       for the young people that are there now and

         2       those young people that are yet to come.

         3       Thank you.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Maziarz.

         7                  Debate is closed.  The Secretary

         8       will ring the bell.

         9                  SENATOR LIBOUS:    Mr. President.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Libous.

        12                  SENATOR LIBOUS:    As soon as the

        13       members get to their seats -- I went over this

        14       yesterday; unfortunately, the Senate rules say

        15       you have to be in your seat so that we can

        16       take a vote -- we can take the vote and move

        17       on.

        18                  ACTING PRESIDENT GRIFFO:    Please,

        19       members, proceed to your seats.

        20                  The Secretary will read the last

        21       section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT GRIFFO:    Senator

         3       Marcellino, to explain his vote.

         4                  SENATOR MARCELLINO:    Thank you,

         5       Mr. President.  I appreciate the recognition.

         6                  When this bill was brought up the

         7       first time last year, I voted against it.  Not

         8       because I was not in favor of economic

         9       development in the Western New York region or

        10       not to not support the people of Buffalo or

        11       the University at Buffalo, but because I was

        12       worried about the tuition increase position or

        13       portion of the legislation.

        14                  I am still concerned about the

        15       tuition increase idea.  These universities,

        16       the State Universities and the City

        17       Universities, were put together to support

        18       people, to allow people who could not afford

        19       the higher-priced private colleges, the

        20       high-priced tuitions of the private colleges,

        21       this system was designed to give them a

        22       high-quality education at an affordable price.

        23                  We cannot lose sight of that

        24       purpose of SUNY.  We must maintain that

        25       purpose of SUNY.  So I will vote for this



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         1       legislation, I will be in support of it, but I

         2       want to remind everybody -- and I will be

         3       watching in all future permutations of this

         4       legislation as they come out -- that the

         5       tuition area and the ability of the middle

         6       class to go to college and get a high-quality

         7       higher education is paramount and must be

         8       protected by this Legislature.  I intend to

         9       see that that is.

        10                  Thank you, Mr. President.  I vote

        11       aye.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Marcellino to be recorded in the affirmative.

        14                  Senator Kennedy, to explain his

        15       vote.

        16                  SENATOR KENNEDY:    Thank you,

        17       Mr. President.

        18                  I again wanted to thank both sides

        19       of the aisle, Democrats and Republicans, for

        20       their overwhelming support for UB 2020 today.

        21       This is a sign of hope and opportunity for

        22       Western New York and for all of New York

        23       State, the billions of dollars of economic

        24       investment that will result because of this

        25       bill's passage today, followed by all of our



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         1       collective lobbying to the Assembly, to the

         2       Governor to move this bill forward for the

         3       betterment of all of New York State,

         4       particularly to the people of Western

         5       New York, creating tens of thousands of jobs,

         6       construction jobs in the immediacy, and tens

         7       of thousands of jobs in the long term for the

         8       people of Western New York.

         9                  Thank you again.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Kennedy to be recorded in the affirmative.

        12                  Senator Grisanti, to explain his

        13       vote.

        14                  SENATOR GRISANTI:    Well, for my

        15       first bill that's going to be passed in this

        16       chamber, my heart is touched, the proudness

        17       that I have inside with regards to what has

        18       happened with colleagues on both sides of the

        19       aisle that understand what Western New York is

        20       going through.

        21                  I didn't want to get into it

        22       before, but as my friend Senator Kennedy has

        23       said, we have lost jobs.  This area, with

        24       UB 2020 in conjunction with the Buffalo

        25       Niagara Medical Campus in that same area, is



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         1       the new Bethlehem Steel of Buffalo.  And for

         2       those of you who remember that, Bethlehem

         3       Steel had a huge manufacturing site in

         4       Buffalo, New York.

         5                  Manufacturing is now gone.  The

         6       focus now is on research, development,

         7       education, medical corridor.  This campus is

         8       going to fit in nicely inside that corridor.

         9       And the jobs that are going to be created in

        10       construction are real.  The jobs that are

        11       going to be permanent are real.

        12                  And my friend Senator Marcellino, I

        13       too had problems in the beginning with regard

        14       to the tuition aspect of it.  Which is why

        15       changes were made to protect the neediest of

        16       students, not only with in-house scholarship

        17       programs, but if you're making under $60,000

        18       you're locked into the tuition rate from

        19       2010-2011.  You're locked in.

        20                  But it's a proud day not only for

        21       myself and everybody here in this chamber

        22       who's going to vote in the affirmative, but

        23       it's a proud day for Western New York and the

        24       Buffalo-Niagara region.  I vote yes, and

        25       again, my deepest and heartfelt thank you to



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         1       everybody in this chamber that's voting on

         2       this bill.

         3                  Thank you.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Grisanti to be recorded in the affirmative.

         6                  Announce the results.

         7                  THE SECRETARY:    In relation to

         8       Calendar Number 144, recorded in the negative:

         9       Senator Perkins.

        10                  Absent from voting:  Senators

        11       Espaillat and C. Kruger.

        12                  Absent from voting pursuant to

        13       Rule 9, Senators DeFrancisco and McDonald.

        14                  Ayes, 53.  Nays, 1.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  (Applause.)

        18                  SENATOR LIBOUS:    Mr. President, I

        19       believe we are congratulating Senator

        20       Grisanti.

        21                  ACTING PRESIDENT GRIFFO:    May I

        22       have order, please.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    I believe the

        25       applause is congratulating our colleague



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         1       Senator Grisanti for passage of his first

         2       bill.

         3                  Senator, from the entire house, our

         4       congratulations.

         5                  (Applause.)

         6                  ACTING PRESIDENT GRIFFO:

         7       Congratulations, Senator Grisanti.

         8                  Senator Libous.

         9                  SENATOR LIBOUS:    Mr. President,

        10       is there any further business at the desk?

        11                  ACTING PRESIDENT GRIFFO:    There

        12       is no further business before the desk.

        13                  SENATOR LIBOUS:    Thank you,

        14       Mr. President.  There being no further

        15       business, I move that the Senate adjourn until

        16       Thursday, March 3rd, at 11:00 a.m.

        17                  ACTING PRESIDENT GRIFFO:    On

        18       motion, the Senate stands adjourned until

        19       Thursday, March 3rd, at 11:00 a.m.

        20                  (Whereupon, at 4:24 p.m., the

        21       Senate adjourned.)

        22

        23

        24

        25



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