Regular Session - April 12, 2011

                                                            2547



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 12, 2011

        11                       3:13 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:    For

        10       today's invocation we have the Reverend James

        11       Johnson, youth pastor from Valley Bible

        12       Baptist Church in Middleburgh.

        13                  Reverend?

        14                  REVEREND JOHNSON:    Let us pray.

        15                  Father in heaven, we are thankful

        16       for this time we are allowed to gather.

        17       Father, we ask that You would just go before

        18       us, Father, and just put Your hand in blessing

        19       upon this time.  Guide the hearts and minds of

        20       the folks here.  And, God, just keep us safe

        21       in all we do.

        22                  We ask in Jesus' name.  Amen.

        23                  ACTING PRESIDENT GRIFFO:    Thank

        24       you, Reverend.

        25                  The reading of the Journal.



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         1                  THE SECRETARY:    In Senate,

         2       Monday, April 11, the Senate met pursuant to

         3       adjournment.  The Journal of Sunday, April 10,

         4       was read and approved.  On motion, Senate

         5       adjourned.

         6                  ACTING PRESIDENT GRIFFO:    Without

         7       objection, the Journal stands approved as

         8       read.

         9                  Presentation of petitions.

        10                  Messages from the Assembly.

        11                  Messages from the Governor.

        12                  I'd ask if we could have just some

        13       order, please, in the chamber in order to

        14       transact the business.

        15                  Messages from the Governor.

        16                  The Secretary will read.

        17                  THE SECRETARY:    The Governor

        18       returned without executive approval the Senate

        19       Bill Number 2803E, Chapter Number 53, Line

        20       Veto Number 1 through 22, entitled "An act

        21       making appropriations for the support of

        22       government:  AID TO LOCALITIES BUDGET."

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Libous.

        25                  SENATOR LIBOUS:    Mr. President, I



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         1       move to lay the said line items as vetoed by

         2       the Governor upon the table.

         3                  ACTING PRESIDENT GRIFFO:    So

         4       ordered.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Motions and resolutions.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Thank you,

        12       Mr. President.

        13                  On behalf of Senator Griffo,

        14       Mr. President, on page 22 I offer the

        15       following amendments to Calendar Number 282,

        16       Senate Print 4193, and ask that said bill

        17       retain its place on the Third Reading

        18       Calendar.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       amendments are received, and the bill will

        21       retain its place on Third Reading Calendar.

        22                  Senator Libous.

        23                  SENATOR LIBOUS:    And one more

        24       time, Mr. President, on behalf of Senator

        25       Griffo -- Mr. President, there's a lot of



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         1       noise in the chamber.  I can't hear myself.

         2                  ACTING PRESIDENT GRIFFO:    I would

         3       ask all the chamber to please come to order so

         4       that we can hear and transact the business of

         5       our distinguished leader who has these

         6       important bills.

         7                  SENATOR LIBOUS:    Thank you,

         8       Mr. President.

         9                  On behalf of Senator Griffo, I move

        10       the following bill be discharged from its

        11       respective committee and be recommitted with

        12       instructions to strike the enacting clause:

        13       Senate Print 1201A.

        14                  ACTING PRESIDENT GRIFFO:    So

        15       ordered.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President,

        18       at this time could we move to adopt the

        19       Resolution Calendar, with the exception of

        20       Resolution Numbers 993, 1136, 1183, 1240 and

        21       1259.

        22                  ACTING PRESIDENT GRIFFO:    All in

        23       favor of adopting the Resolution Calendar,

        24       with the exception of Resolutions 993, 1136,

        25       1183, 1240 and 1259, signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT GRIFFO:

         3       Opposed?

         4                  (No response.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Resolution Calendar is adopted.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.

        10                  Mr. President, I believe we can

        11       take up Resolution Number 1136, by Senator

        12       Krueger.  Could we please have its title read,

        13       and I believe that Senator Krueger would like

        14       to be called upon before it's adopted.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Legislative

        18       Resolution Number 1136, by Senator L. Krueger,

        19       memorializing Governor Andrew M. Cuomo to

        20       proclaim April 12, 2011, as Equal Pay Day in

        21       the State of New York.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Krueger.

        24                  SENATOR KRUEGER:    Thank you very

        25       much.



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         1                  Today is Equal Pay Day at the

         2       national level.  And it is only right that

         3       New York State also honor and recognize the

         4       importance of moving forward to guarantee

         5       equal pay regardless of gender here in

         6       New York State in all jobs.

         7                  It is shocking that in the year

         8       2011 there is still such large wage disparity

         9       between women and men working side by side

        10       together in equivalent or exact jobs.

        11       According to the U.S. Census Bureau,

        12       year-round full-time working women in 2009

        13       earned only 77 percent of the earnings of

        14       year-round full-time working men, indicating

        15       there has been little change or progress in

        16       pay equity throughout the decades.

        17                  The Lilly Ledbetter Fair Pay Act

        18       was signed into federal law amending Title VII

        19       of the Civil Rights Act, and we believe that

        20       New York must continue to strive to provide

        21       leadership in this area.  It is no excuse to

        22       have a state where young women are told that

        23       they can do everything men can do, that they

        24       are equal under the law, that they have the

        25       same opportunities and rights in our state,



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         1       yet only to learn when they move into the

         2       workforce that they are likely to lose

         3       $713,000 over a 40-year period compared to

         4       their male colleagues.

         5                  This is not acceptable.  There are

         6       any number of bills that we could and should

         7       pass through both houses and work with the

         8       Governor side by side to pass into law.  And

         9       today I hope that through this resolution --

        10       that I'm encouraging everyone to be a

        11       signatory on -- that we start to realize the

        12       importance of this issue and the fact that

        13       we're actually falling behind, that the State

        14       of New York, the great State of New York,

        15       often a leader in almost every issue for the

        16       other 49 states, has fallen behind many of our

        17       colleague states in guaranteeing that there is

        18       pay equity for all.

        19                  And so this resolution memorializes

        20       Governor Andrew Cuomo to proclaim April 12,

        21       2011, as the Equal Pay Day of the State of

        22       New York, recognizing the full value of

        23       women's skills and significant contributions

        24       to the labor force, and to further encourage

        25       businesses to conduct internal pay evaluations



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         1       to ensure that they are treating women equally

         2       and paying them equally with their male

         3       colleagues.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Senator Krueger.

         7                  Senator Stewart-Cousins on the

         8       resolution.

         9                  SENATOR STEWART-COUSINS:    Thank

        10       you, Mr. President.

        11                  I just rise to commend my colleague

        12       for bringing this to our attention again.  We

        13       would think that New York would be leaders in

        14       women's equality.

        15                  And I stand, frankly, because I

        16       have three students who are shadowing me from

        17       the League of Women Voters, three women who --

        18       three young women who are here.  And this is

        19       one of those places where women and men

        20       actually do get paid equally.  And so it's

        21       good that you are here.

        22                  But it's also good that you're here

        23       to understand that we still have things to do

        24       and your involvement in government, your

        25       vigilance about what we as New Yorkers can



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         1       project as the ideal, is extremely important.

         2                  So I welcome you and again commend

         3       Senator Krueger for letting us know as a state

         4       that we have work to do to make sure that

         5       women do not make 77 percent of what men make.

         6       We contribute all of us so much.

         7                  So again thank you, Senator

         8       Krueger.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Stewart-Cousins.

        11                  The question is on the resolution.

        12       All in favor 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, the sponsor has

        20       requested that the resolution be open for

        21       cosponsorship.  Without objection?

        22                  SENATOR LIBOUS:    Without

        23       objection, Mr. President.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       resolution will be offered to cosponsorship.



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         1       If you do not want to be a cosponsor, please

         2       notify the desk.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Mr. President, I

         5       believe Resolution Number 993, by Senator

         6       Huntley, is at the desk.  She would ask that

         7       you read it in its entirety, and I believe you

         8       should call on the Senator before it's

         9       adopted.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       previous resolution is adopted, and now we

        12       call upon the Secretary to read.

        13                  THE SECRETARY:    Legislative

        14       Resolution Number 993, by Senator Huntley,

        15       paying tribute to the life and accomplishments

        16       of Thomas White, Jr., distinguished citizen

        17       and devoted member of his community.

        18                  "WHEREAS, It is the custom of this

        19       Legislative Body to pay tribute to the

        20       citizens of the State of New York whose

        21       lifework and civic endeavor serve to enhance

        22       the quality of life in their communities and

        23       the great State of New York; and

        24                  "WHEREAS, A resident of Rochdale

        25       Village in Queens, New York City Councilman



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         1       Thomas White, Jr., died on August 27, 2010, at

         2       the age of 71; and

         3                  "WHEREAS, A native son of Southeast

         4       Queens, born on August 21, 1939, Thomas White,

         5       Jr., fought hard for the residents of South

         6       Jamaica throughout his lifetime.  His

         7       illustrious career and service exemplifies the

         8       values of all who dream to make life better

         9       for themselves and those around them; and

        10                  "WHEREAS, Councilman White was an

        11       advocate for the Southeast Queens community

        12       for over 30 years.  He worked tirelessly to

        13       develop community-based programs for senior

        14       citizens and youth and for crime prevention

        15       and drug and alcohol treatment.  He also

        16       worked with programs to prevent teen pregnancy

        17       and to help create primary care programs for

        18       those suffering from HIV/AIDS; and

        19                  "WHEREAS, As the cofounder and

        20       executive director of Queens Village Committee

        21       for Mental Health for Jamaica Community

        22       Adolescent Program, Inc. (J-CAP), one of the

        23       largest and most effective alcohol and

        24       substance abuse residential treatment programs

        25       in New York State, Thomas White, Jr., helped



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         1       to reclaim over 20,000 young men and women who

         2       have suffered the effects of abuse, misuse and

         3       addiction.  His herculean efforts helped young

         4       people find positive goals and role models to

         5       become valuable and productive assets to the

         6       community; and

         7                  "WHEREAS, In addition, as the

         8       New York City Councilman from the 28th Council

         9       District in Queens, Thomas White, Jr., served

        10       as chair of the New York City Council's

        11       Economic Development Committee.  His efforts

        12       were instrumental in creating programs that

        13       ranged from providing loans to help small

        14       businesses stay afloat and grow, to helping

        15       New Yorkers avoid foreclosures; and

        16                  "WHEREAS, Thomas White, Jr.,

        17       graduated from Stony Brook University with a

        18       master's degree in social work in 1982; and

        19                  "WHEREAS, Thomas White, Jr., is

        20       survived by his mother, Marie White, two

        21       children, Bryan White and Lucile Precious

        22       Middleton, and two grandchildren; and

        23                  "WHEREAS, Armed with a humanistic

        24       spirit, imbued with a sense of compassion, and

        25       comforted by a loving family, Thomas White,



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         1       Jr., leaves behind a legacy which will long

         2       endure the passage of time and will remain as

         3       a comforting memory to all he served and

         4       befriended; now, therefore, be it

         5                  "RESOLVED, That this Legislative

         6       Body pause in its deliberations to pay tribute

         7       to the life and accomplishments of Thomas

         8       White, Jr., distinguished citizen and devoted

         9       member of his community; and be it further

        10                  "RESOLVED, That a copy of this

        11       resolution, suitably engrossed, be transmitted

        12       to the family of Thomas White, Jr."

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Huntley.

        15                  SENATOR HUNTLEY:    Thank you,

        16       Mr. President.

        17                  I would like to first introduce

        18       Ms. Diane Gonzalez, who is sitting up

        19       (indicating), who is now the executive

        20       director of one of the largest drug programs,

        21       J-CAP in the County of Queens.  She was

        22       basically Tom White's protege.

        23                  And Tom White did some magnificent

        24       things in Queens.  He saved many lives of

        25       young people of all ethnic groups.  He worked



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         1       tirelessly to make sure that young people did

         2       not turn to drugs.  And when they did, he

         3       worked tirelessly to get them off of drugs and

         4       was very, very successful.

         5                  And it was shocking to all of us

         6       when he passed away so quickly.  It just

         7       happened so fast that -- that's one of the

         8       reasons I did this resolution, because it was

         9       like a lot of us never had a chance basically

        10       to say goodbye to him.  And I thought he was

        11       worthy of that, because he lived in a

        12       community that he loved and in a community

        13       that loved him.

        14                  He was city councilman, but I

        15       always called him Tom White the advocate for

        16       Southeast Queens.  I think he was not -- as

        17       political as he wanted to be, I think he was

        18       more of an advocate for poor people, for sick

        19       people, for people who needed his help.

        20                  And it does give me great pleasure

        21       today just to say to you that Tom White is

        22       missed in our community, Tom White left a

        23       great, great legacy.  If you're ever in Queens

        24       and you go on Baisley Boulevard, you will see

        25       this giant, giant rehab center.  And if you go



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         1       on the other area of Sutphin Boulevard, you

         2       will see another giant, giant rehab center.

         3       And he worked hard at that.

         4                  And I just wanted Diane and also

         5       Tom's -- the young man who I think was one of

         6       Tom's -- he has lots of pictures with Tom --

         7       who Tom looked after and loved, and he's here

         8       today also.  And I just want to tell you I am

         9       so happy that you could come just to hear.

        10       And you will get a copy of this resolution.

        11                  Thank you.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       question is on the resolution.  All in favor

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT GRIFFO:

        17       Opposed?

        18                  (No response.)

        19                  ACTING PRESIDENT GRIFFO:    The

        20       resolution is adopted.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Mr. President,

        23       there's a resolution at the desk by Senator

        24       Libous, Number 1183.  Could we please have the

        25       title read and move for its immediate



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         1       adoption.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Legislative

         5       Resolution Number 1183, by Senator Libous,

         6       memorializing Governor Andrew M. Cuomo to

         7       declare April 2011 as Child Abuse Prevention

         8       Month in the State of New York.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       question is on the resolution.  All in favor

        11       signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed?

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       resolution is adopted.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Mr. President,

        20       I'd like to open this up for cosponsorship to

        21       all of my colleagues.  If anybody does not

        22       want to be on this resolution, they would let

        23       the desk know, please.

        24                  ACTING PRESIDENT GRIFFO:    So

        25       noted.  The resolution is open for



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         1       cosponsorship.  If you choose not to, please

         2       indicate by letting the desk know.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    There's a

         5       resolution at the desk by Senator Kennedy,

         6       Number 1240.  May we have the title read,

         7       Senator Kennedy would like to be called upon,

         8       and then we'd move for its adoption.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Legislative

        12       Resolution Number 1240, by Senator Kennedy,

        13       honoring Police Chief Christine Ziemba upon

        14       the occasion of her retirement after 34 years

        15       of distinguished service to the Cheektowaga

        16       Police Department.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Kennedy.

        19                  SENATOR KENNEDY:    Thank you,

        20       Mr. President.

        21                  What a tremendous honor it is to

        22       stand here to honor Christine Ziemba.  Police

        23       Chief Christine Ziemba has led a long and

        24       illustrious career fighting to improve public

        25       safety in Western New York as a leader within



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         1       the Cheektowaga Police Force.  When she was

         2       hired in 1976, Chief Ziemba became the first

         3       female police officer in the Town of

         4       Cheektowaga.  She recently retired after

         5       34 years of service to the hardworking men and

         6       women of Cheektowaga and Western New York.

         7                  After joining the force in 1976,

         8       Chief Ziemba climbed the ranks.  She was

         9       promoted to lieutenant in 1985, and the town

        10       board named her chief of the Cheektowaga

        11       Police in March of 2002 because of her

        12       distinguished service.

        13                  Chief Christine Ziemba was the

        14       first woman to ever serve as a police chief in

        15       Western New York, and she was one of only four

        16       female police chiefs serving throughout

        17       New York State at the time of her retirement.

        18                  Chief Christine Ziemba has been a

        19       pioneer for women in law enforcement across

        20       New York State.  Her dream and unrelenting

        21       ambition helped pave the way, inspiring more

        22       women to join the ranks of law enforcement.

        23                  In her official acts, Chief

        24       Christine Ziemba worked undercover with the

        25       Narcotics Unit.  She also served in the



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         1       Juvenile Aid Bureau.  She reinforced

         2       partnerships with other departments and

         3       organizations throughout Western New York,

         4       throughout Erie County, and throughout

         5       New York State.  She helped create the Sex

         6       Offense Unit, which was at the time the first

         7       in the country to have specific officers

         8       handle cases throughout the entire

         9       investigation process.

        10                  Also, in addition to leading the

        11       Crime Resistance Unit, Chief Christine Ziemba

        12       brought the D.A.R.E. program to all of the

        13       towns' schools.  She commenced the Citizens'

        14       Police Academy.  She oversaw the Police

        15       Explorers program.  She worked with

        16       Neighborhood Watch groups.  And she actively

        17       recruited new officers interested in joining

        18       the department.

        19                  Chief Ziemba was born in Buffalo,

        20       and her family later moved to the Town of

        21       Cheektowaga, the largest town in the 58th

        22       State Senate district I now represent.  She

        23       graduated from Maryvale High School and went

        24       on to earn her four-year degree in criminal

        25       justice at Buffalo State College.



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         1                  Chief Christine Ziemba has devoted

         2       her life to public service.  She has

         3       demonstrated great courage and diligence in

         4       protecting our families and improving the

         5       safety of our neighborhoods.  That alone makes

         6       Chief Ziemba very deserving of this

         7       recognition that we honor her with today.

         8                  But when you consider the path that

         9       she has paved for women in law enforcement,

        10       inspiring and encouraging other women to serve

        11       and protect, it becomes clear that this

        12       recognition is long overdue, and it's the very

        13       least we can do to honor and thank Chief

        14       Ziemba for her service to this community and

        15       to this state.

        16                  Chief Christine Ziemba is a

        17       courageous public servant, a fighter for

        18       public safety, and a trailblazer for the

        19       hardworking women of New York State.  I am

        20       proud and honored to bestow this honor upon

        21       her today, and I would ask all of us to

        22       recognize Chief Ziemba, who is with us today

        23       on the floor with her brother Ron, who is also

        24       a 21-year member of the Cheektowaga Police

        25       Force, also retired.



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         1                  Chief Ziemba, thank you very much.

         2                  ACTING PRESIDENT GRIFFO:    Chief

         3       Ziemba, it's an honor to welcome you to the

         4       Senate chambers today, and we extend our best

         5       wishes to you in your retirement.

         6                  (Applause.)

         7                  ACTING PRESIDENT GRIFFO:    The

         8       question is on the resolution.  All in favor

         9       signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT GRIFFO:

        12       Opposed?

        13                  (No response.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       resolution is adopted.

        16                  Congratulations again, Chief.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  I believe there's a resolution at

        21       the desk by Senator Maziarz, 1259.  I would

        22       ask that we just read its title and then move

        23       for its immediate adoption.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    Legislative

         2       Resolution Number 1259, by Senator Maziarz,

         3       memorializing Governor Andrew M. Cuomo to

         4       proclaim April 23, 2011, as a Day of

         5       Remembrance for the Polish Martyrs of the

         6       Katyn Forest.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       question is on the resolution.  All in favor

         9       signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT GRIFFO:

        12       Opposed?

        13                  (No response.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       resolution is adopted.

        16                  Senator Libous.

        17                  SENATOR LIBOUS:    Mr. President,

        18       earlier today when we adopted the Resolution

        19       Calendar, Senator Larkin had Resolution 1303

        20       on it.  He would like to open that up for all

        21       the members that would like to be on it.

        22                  Again, our normal procedure will

        23       follow.  If members do not want to be on it,

        24       please let the desk know.

        25                  ACTING PRESIDENT GRIFFO:    Thank



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         1       you, Senator Libous.

         2                  Resolution 1303, by Senator Larkin,

         3       is opened up to cosponsorship.  If you choose

         4       not to be a cosponsor, please indicate at the

         5       desk.

         6                  Senator Libous.

         7                  SENATOR LIBOUS:    Mr. President,

         8       at this time I will call an immediate meeting

         9       of the Rules Committee in Room 332, an

        10       immediate meeting of the Rules Committee in

        11       Room 332.

        12                  The Senate will stand at ease.

        13                  ACTING PRESIDENT GRIFFO:    There's

        14       an immediate meeting of the Rules Committee in

        15       Room 332.

        16                  The Senate stands at ease.

        17                  (Whereupon, the Senate stood at

        18       ease at 3:35 p.m.)

        19                  (Whereupon, the Senate reconvened

        20       at 3:56 p.m.)

        21                  ACTING PRESIDENT GRIFFO:    The

        22       Senate will come to order.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Mr. President,

        25       let's go to the reading of the



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         1       noncontroversial calendar first.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       130, by Senator Dilan, Senate Print 1347, an

         6       act to amend the Vehicle and Traffic Law.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of January.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 56.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       153, by Senator L. Krueger, Senate Print 397,

        19       an act to amend the Real Property Tax Law.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the 30th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       156, by Senator LaValle, Senate Print 1756, an

         7       act in relation to permitting the County of

         8       Suffolk.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 56.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       157, by Senator Skelos, Senate Print 2131, an

        21       act in relation to authorizing the Bay Park

        22       Fire District.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 4.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       179, by Senator Marcellino, Senate Print --

        10                  SENATOR BRESLIN:    Lay it aside.

        11                  ACTING PRESIDENT GRIFFO:    Lay it

        12       aside.

        13                  THE SECRETARY:    Calendar Number

        14       203, by Senator Maziarz, Senate Print 219, an

        15       act to amend the Banking Law.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       245, by Senator Grisanti, Senate Print 3919,

         3       an act to amend the Environmental Conservation

         4       Law.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 6.  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, 56.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       248, by Senator Libous, Senate Print 1071 --

        17                  SENATOR BRESLIN:    Lay it aside.

        18                  ACTING PRESIDENT GRIFFO:    Lay it

        19       aside.

        20                  THE SECRETARY:    Calendar Number

        21       288, by Senator Ritchie, Senate Print 4144, an

        22       act to amend the Agriculture and Markets Law.

        23                  ACTING PRESIDENT GRIFFO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the 30th day.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 56.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       302, by Senator Grisanti, Senate Print 3918,

        10       an act to amend Chapter 307 of the Laws of

        11       2005.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 56.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  Senator Libous, that completes the

        23       noncontroversial reading of the calendar.

        24                  SENATOR LIBOUS:    May we have the

        25       reading of the controversial calendar, please.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Secretary will ring the bell.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       179, by Senator Marcellino, Senate Print 921,

         6       an act to amend the Education Law.

         7                  ACTING PRESIDENT GRIFFO:    Senator

         8       Krueger.

         9                  SENATOR KRUEGER:    Thank you,

        10       Mr. President.  If the sponsor could please

        11       yield.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Marcellino, do you yield?

        14                  SENATOR MARCELLINO:    Yes, I do.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Senator yields, Senator Krueger.

        17                  SENATOR KRUEGER:    Thank you so

        18       much.

        19                  Senator Marcellino, I believe that

        20       this bill came up a few years ago.  Is this

        21       the same bill that you sponsored at that time?

        22                  SENATOR MARCELLINO:    Yes, it is.

        23                  SENATOR KRUEGER:    Thank you.

        24       And, Senator, my reading of the bill is that

        25       if a --



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         1                  ACTING PRESIDENT GRIFFO:    Senator

         2       Krueger, are you asking Senator Marcellino to

         3       continue to yield?

         4                  SENATOR KRUEGER:    Excuse me,

         5       Mr. President.  I am asking him to yield.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Marcellino, do you yield?

         8                  SENATOR MARCELLINO:    I will.  And

         9       if it will expedite the process, I will yield

        10       to a series of questions from the Senator.

        11                  SENATOR KRUEGER:    Thank you so

        12       much.  Again, once we get the rhythm going,

        13       Mr. President, I love to go back and forth

        14       this way.

        15                  SENATOR MARCELLINO:    I believe in

        16       rhythm.

        17                  SENATOR KRUEGER:    So my

        18       understanding of the bill is if a student is

        19       suspended in one school district and then

        20       transfers, the suspension would have to be

        21       upheld in the new school.

        22                  So what would happen when a pupil,

        23       a student who has been suspended moves to a

        24       new district during the course of the

        25       suspension?  How long are they supposed to



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         1       stay suspended?  What kind of process could be

         2       used to resolve the issue in the new school

         3       district?

         4                  SENATOR MARCELLINO:    Well, let me

         5       correct a misconception on your part.  The

         6       bill is not a mandate.  The bill does not

         7       require that the school district continue the

         8       suspension from a previous district.  It

         9       simply gives them the authorization to

        10       continue the suspension so that they might get

        11       a handle on the situation.

        12                  We're not talking about suspensions

        13       of three or four days, a typical suspension of

        14       a kid who gets into a fight with another kid

        15       in a hallway and, you know, they get suspended

        16       to calm things down.  We're talking about very

        17       egregious incidences.

        18                  The incident that was brought to my

        19       attention by the superintendent was one where

        20       guns were brought into the school by a student

        21       and used to threaten others.  The

        22       superintendent suspended him, the family took

        23       the kid and moved to a different district in

        24       order to game the system and avoid the

        25       suspension.



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         1                  We just don't think that that

         2       should be done.  I think the new district

         3       should have the option on a kid-by-kid basis,

         4       a child-by-child basis, to analyze the

         5       situation, to take appropriate steps to meet

         6       with the family, meet with the kid and resolve

         7       the issues and set up a program within the

         8       school, either through counseling or a program

         9       of classes that the child can be suited for

        10       because they're moving in in the middle of a

        11       semester, what's missing and so on.

        12                  In other words, it gives the

        13       district a chance to evaluate the system and

        14       evaluate the situation on a child-by-child

        15       basis and not to be rushed into a situation

        16       which might not be effective for the system,

        17       might put people at risk, and it might also

        18       negatively impact the child's education.

        19                  SENATOR KRUEGER:    Thank you,

        20       Mr. President.  If, through you, the sponsor

        21       will continue to yield.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       sponsor yields.

        24                  SENATOR KRUEGER:    Thank you.

        25                  So in a hypothetical, there's a



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         1       child who lives in New York City and is

         2       suspended from their school.  They move to

         3       your district and they file paperwork to start

         4       at that school.  How do the two school

         5       districts communicate?  Does the City of

         6       New York have any obligation, under your law,

         7       to let the Glen Cove school district know that

         8       this child has been suspended?  Where does the

         9       information flow start and stop?

        10                  SENATOR MARCELLINO:    Well, I

        11       don't live in Glen Cove, I live in Syosset.

        12                  SENATOR KRUEGER:    Oh, I'm sorry.

        13                  SENATOR MARCELLINO:    But Glen

        14       Cove is a very good school district and works

        15       very well.

        16                  But the district could communicate.

        17       I don't think there's a mandate that requires

        18       them to.

        19                  SENATOR KRUEGER:    Mr. President,

        20       if the sponsor would continue to yield.

        21                  SENATOR MARCELLINO:    Sure.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       sponsor yields.

        24                  SENATOR KRUEGER:    Is it your

        25       understanding that school districts are



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         1       entitled to respond to questions and answers

         2       from each other about the status of students

         3       or the suspension?  Is there any other law

         4       that would need to change that would mandate

         5       New York City to provide said documentation to

         6       another school district who asked for it?

         7                  SENATOR MARCELLINO:    I don't

         8       think I'd be in favor of mandating anything on

         9       that level.

        10                  But I would think that it would be

        11       in the best interests of the child if

        12       information was passed on and if there was a

        13       situation of safety, safety of staff and

        14       safety of other children in the district in

        15       which child is moving into that, that

        16       information should be passed along so proper

        17       precautions can be taken into consideration.

        18                  All we're looking at is trying to,

        19       one, do what's in the best interests of the

        20       district that is the receiving district, and,

        21       two, do what's in the best interests of the

        22       child.  So that the child coming in is given

        23       the appropriate attention and direction that

        24       it needs to move forward in its educational

        25       career.



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         1                  SENATOR KRUEGER:    Mr. President,

         2       if the sponsor would continue to yield.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       sponsor yields.

         5                  SENATOR KRUEGER:    I'm going to

         6       lay out the hypothetical again, because I know

         7       you were answering but I didn't quite

         8       understand, so I apologize.

         9                  So student Chris is subpoenaed from

        10       a New York City school.  The family moves to

        11       Syosset.  Chris goes to start school at

        12       Syosset.  How does Syosset know that in a

        13       previous school district Chris was suspended,

        14       for what reason, for how long a period?

        15                  SENATOR MARCELLINO:    It would be

        16       my understanding that it wouldn't unless they

        17       were told.  Or unless this became such a

        18       high-profile situation that they heard it

        19       coming.

        20                  SENATOR KRUEGER:    Through you,

        21       Mr. President, if the sponsor would continue

        22       to yield.

        23                  SENATOR MARCELLINO:    Sure.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       sponsor continues to yield.



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         1                  SENATOR KRUEGER:    Thank you.

         2                  So I agree with you, if a student

         3       has severe problems, a new district wants to

         4       know about them, wants to have a conversation

         5       with the family, wants to potentially do an

         6       individual educational evaluation of the

         7       student, figure out what special services they

         8       might need, what special issues the school

         9       might face.

        10                  But it's not at all clear to me why

        11       there would ever be a circumstance where a

        12       family, knowing their child had problems in a

        13       previous school district -- i.e., a

        14       suspension -- would come to the new school

        15       district and say, "Ah, yes, he's under

        16       suspension."

        17                  So even in the example you

        18       originally raised, I just don't understand

        19       where this would ever come up.

        20                  SENATOR MARCELLINO:    Number one,

        21       this is not retroactive.  The suspension would

        22       still have to be in effect.  In other words,

        23       the child could not have been suspended in the

        24       City of New York, served the suspension, and

        25       then moved to another district two months



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         1       later and the district would have the option

         2       to reimpose the suspension.  We're not talking

         3       about that.

         4                  What we're talking about is where

         5       the suspension is still in the case and still

         6       in vogue and still in fact, that the child

         7       moves over.

         8                  And it would be, frankly, in the

         9       best interests of the parents, I would think.

        10       The parent would want that new district to

        11       understand something and to deal with their

        12       child appropriately and provide the

        13       appropriate situation where the child is given

        14       the proper classwork, the proper classes, the

        15       proper counseling, so that this incident

        16       doesn't get repeated and frankly doesn't get

        17       blown out of proportion.

        18                  Because in some cases, things do.

        19       Rumors start and things get carried away.  The

        20       old telephone game, where you tell somebody at

        21       one end and by the time it gets to the other

        22       end it's totally different, you don't even

        23       recognize the story that you started with.

        24                  One would think the parents would

        25       want that kind of attention applied to the



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         1       child so that the child can get, as I said

         2       several times -- and I don't mean to be

         3       repetitious, but I will because it's

         4       important -- that the child will get the best

         5       attention and the best services that it should

         6       and not be just tossed into another situation

         7       and have the thing repeat itself.

         8                  SENATOR KRUEGER:    Mr. President,

         9       on the bill.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Krueger on the bill.

        12                  SENATOR KRUEGER:    I want to thank

        13       the sponsor for taking the time to try to

        14       explain to me his argument for the bill.

        15                  And I'd like to explain briefly why

        16       I cannot vote for this bill.

        17                  We have a very high rate of

        18       suspensions in some parts of the state.  For

        19       different age groups, suspensions can be

        20       higher or not.  And my concern is if there has

        21       been a suspension from school and if in fact a

        22       family has moved to a new location -- and I

        23       doubt very much they are moving to a new

        24       location because their child is suspended, but

        25       for many other possible reasons -- I would



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         1       hate to think that I voted for a bill that

         2       might set up the child to not be able to

         3       attend school for some period of time in the

         4       new location where in fact -- and in fact

         5       might be -- the parents might be discouraged

         6       from coming to the school and saying "My child

         7       Chris is a wonderful child who has A, B, C

         8       issues, and I really want us to work on them

         9       together."

        10                  Because I don't want parents to be

        11       afraid to talk to the school or the school

        12       system about their child and any special needs

        13       they might have.  And I think it's important

        14       for parents to be able to be up-front about

        15       their concerns about their own child.  And I

        16       know that the schools want to know as much as

        17       possible.

        18                  And I just see this situation

        19       potentially being a setup where, because

        20       something happened at X time in X location,

        21       that a child might face increased penalties

        22       and almost the beginning of a stigma against

        23       them in a new location and a new school where

        24       the parents can't do what they believe is in

        25       the best interests of the child, and in fact



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         1       the school might likely never find out the

         2       information they need to have to make the

         3       right decisions.

         4                  So I do believe that the sponsor is

         5       well-intentioned with the piece of

         6       legislation.  I heard him just talk about the

         7       importance of wanting to make sure that

         8       schools have the information they need to make

         9       good decisions on behalf of the children who

        10       attend their schools.

        11                  I'm just afraid that this would

        12       likely translate either into a bill that has

        13       no impact because nobody's going to volunteer

        14       this information one way or the other, you

        15       can't mandate it between school systems, and

        16       it may force parents to hide information that

        17       is not in the best interests of their child or

        18       the new school system.

        19                  So I will be voting no.  Thank you,

        20       Mr. President.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Marcellino.

        23                  SENATOR MARCELLINO:    Mr.

        24       President, just a point that I did not make

        25       before.



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         1                  The child, if moved to a different

         2       district, would still get an appeal in that

         3       second district, get a second bite at the

         4       apple as far as an appeal to the original

         5       suspension.  So they would have the appeal in

         6       the first district and then, if they moved to

         7       the other one and they chose -- again, it's an

         8       option -- if they chose to keep the suspension

         9       in place -- not add to it, but keep the

        10       suspension in place for its original

        11       duration -- there would be a second appeal

        12       available to the parent and the child on that

        13       case as well.

        14                  So we're buying time here for the

        15       kid, we're buying time for safety of both

        16       staff and other children and the child

        17       involved themselves.  We don't want to have

        18       the child come into a situation where they're

        19       just tossed into the arena without any

        20       services, without the appropriate help.

        21                  ACTING PRESIDENT GRIFFO:    Is

        22       there any other Senator wishing to be heard?

        23                  Seeing none, debate is closed and

        24       the Secretary will ring the bell.

        25                  I'm sorry, Senator



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         1       Hassell-Thompson.  Senator Hassell-Thompson.

         2                  SENATOR HASSELL-THOMPSON:    Thank

         3       you, Mr. President.

         4                  ACTING PRESIDENT GRIFFO:    On the

         5       bill?

         6                  SENATOR HASSELL-THOMPSON:    On the

         7       bill.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Hassell-Thompson on the bill.

        10                  SENATOR HASSELL-THOMPSON:    Thank

        11       you, Mr. President.

        12                  I did not -- I chose not to ask

        13       questions because I remember having asked

        14       several of these questions of Senator

        15       Marcellino before when he passed the bill.

        16                  But I just needed to reemphasize

        17       some of the points that I heard Senator

        18       Krueger make.  And that is with the high

        19       number of students who are being suspended,

        20       many times when children move to a different

        21       school district it is really because of

        22       neighborhood and a lot of other environmental

        23       things that parents want to take their

        24       children out of a particular environment.

        25                  And suspensions -- I've had a lot



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         1       of experience, particularly with my home

         2       school district in terms of the numbers of the

         3       students that were suspended.  When we began

         4       to look at the numbers and talked about the

         5       numbers of young people who were being

         6       suspended and what was the correlation between

         7       that number and the number that ultimately

         8       dropped out of school, we were finding that

         9       children who dropped out were those who had

        10       had a series of suspensions.

        11                  And so one of the things I'm always

        12       afraid that if we give authority -- because

        13       you used the word it now gives the authority.

        14       Sometimes giving authority is almost like

        15       saying you're off the hook and whatever you

        16       choose to do with this youngster is absolutely

        17       okay.

        18                  We don't need more of our children

        19       to be suspended.  What we need to be doing is

        20       looking at, as we have done -- we put money

        21       into the Rochester School District, we put

        22       money into a couple of Westchester school

        23       districts to look at and to devise programs to

        24       look at why youngsters are being suspended and

        25       create support systems that allow them to not



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         1       only not continually be out of school but

         2       actually like being in school.

         3                  Which is not something that most

         4       young people who get into trouble do.  You'll

         5       find that the base of their issues has

         6       everything to do with not wanting to be there

         7       because they're not being successful, and so

         8       they drop way behind other students.  And you

         9       may think that three or four days doesn't make

        10       a difference, but it does.  Particularly for a

        11       lot of the students who are marginal, any days

        12       that they lose from school is more than they

        13       should lose.

        14                  So I have to continue to say to

        15       you, Senator Marcellino, I hear the concern

        16       that you have, but I will continue to vote no

        17       on this bill.  Thank you.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT GRIFFO:    Is

        20       there any other Senator wishing to be heard?

        21                  Debate is closed.  Debate is

        22       closed.  The bell has rung.  And it will

        23       continue to ring.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Montgomery to explain her vote.

         7                  SENATOR MONTGOMERY:    Yes,

         8       Mr. President.  I'm very sensitive to what

         9       Senator Marcellino intends for this bill to

        10       do, but very often one person's medicine is

        11       another person's poison.  And we have to be

        12       very, very careful about how we so liberally

        13       and easily suspend young people and maintain

        14       these suspensions and punish them and figure

        15       out as many ways as we can to eliminate them

        16       from being part of a school system.

        17                  And so I'm going to continue to

        18       oppose this legislation, and hopefully we can

        19       come up with a better way of trying to figure

        20       out what to do with young people who are in

        21       trouble in our schools.

        22                  Thank you, Mr. President.  I vote

        23       no.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Montgomery to be recorded in the negative.



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         1                  Senator Adams to explain his vote.

         2                  SENATOR ADAMS:    Thank you,

         3       Mr. President.

         4                  I'm going to vote yes on this bill.

         5       I'm concerned about uncontrolled suspension of

         6       young people, but there's a greater concern

         7       that I have, and that's disruption in the

         8       classroom.

         9                  And there are children who are --

        10       haven't reached a point that they are able to

        11       be in an environment where a group of young

        12       people are attempting to learn.  And so if a

        13       child reached a level that they should be

        14       suspended, we need to be careful to make sure

        15       that's fair, but at the same time my concern

        16       is for the larger number of students in the

        17       classroom who are attempting to receive a

        18       quality education.

        19                  And too often one or two children

        20       disrupt an entire classroom.  And I don't

        21       think we can continue to just turn our back

        22       and pretend as though some children need to

        23       learn how to be in a proper classroom

        24       environment.

        25                  So I'm going to vote yes on this



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         1       bill, and I hope we continue to make sure that

         2       we educate all our children.  But at the same

         3       time we've got to look for the greater good

         4       for the overwhelming number of children that

         5       sit in the classroom every day and hope to

         6       receive some form of education, and my son is

         7       one of them.  And I believe that he should

         8       receive a fair education without having to be

         9       disrupted, and so I'm going to vote aye on

        10       this bill.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Adams will be recorded in the affirmative on

        13       this bill.

        14                  Senator Savino to explain her vote.

        15                  SENATOR SAVINO:    Thank you,

        16       Mr. President.

        17                  I also rise in support of this

        18       legislation.  However, I do understand and I

        19       recognize the concerns that have been raised

        20       by Senator Krueger, Senator Montgomery, and

        21       Senator Hassell-Thompson.  They're absolutely

        22       correct in the concerns that they have.

        23                  But at the same time, I, like

        24       Senator Adams and Senator Marcellino, also

        25       take the position that discipline of children



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         1       in our schools should be two things.  One, it

         2       should be constructive and it should also --

         3       it should be progressive first and

         4       constructive and instructive.

         5                  And what we want to prevent here is

         6       we want to prevent the possibility of a parent

         7       not understanding that their child needs more

         8       intervention.  And when that child is issued a

         9       suspension, which is a very high penalty in

        10       school, that they not then take that child and

        11       move them to another school district to avoid

        12       that penalty.

        13                  We need parents to be engaged in

        14       their child's school life.  We need parents to

        15       help deal with whatever that crisis was in

        16       that child's life or that problem behavior

        17       that led to that suspension.

        18                  That's why I supported this

        19       legislation the previous times it came before

        20       the Senate.  And when I met with the School

        21       Administrators Association, that's their

        22       concern.  They want to make sure that these

        23       kids are not moved from school to school to

        24       avoid the consequences of their behavior.

        25       Because that is what a suspension should be.



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         1       It should be the worst type of penalty that's

         2       issued to a child, but in an effort to get

         3       them to understand that there are consequences

         4       to their behavior.

         5                  Moving them to another school

         6       district without having the ability of that

         7       new school district to impose those

         8       consequences isn't going to be instructive to

         9       that child.  So in the end, we still want

        10       discipline to be instructive and progressive.

        11                  Thank you, Mr. President.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Savino to be recorded in the affirmative.

        14                  Senator Stewart-Cousins to explain

        15       her vote.

        16                  SENATOR STEWART-COUSINS:    Yes,

        17       thank you, Mr. President.

        18                  I had voted, frankly, for this

        19       before.  And just recently however, I heard

        20       statistics that have really left an impression

        21       on me.  Since No Child Left Behind, it seems

        22       that there is an extraordinary growth in the

        23       amount of suspensions, especially among black

        24       and Latino children.  And so it really has

        25       grown to, I think, almost an epidemic



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         1       proportion in some places.

         2                  Should a child have an opportunity

         3       to start anew, I think that's a good thing.  I

         4       think that a child who is disruptive and has

         5       real issues, they will, yes, go into a new

         6       school district, but I'm sure that there is a

         7       process, just as there was in the old school

         8       district, to deal with that child.

         9                  So I'm all for giving the child an

        10       opportunity to get a fresh start, especially,

        11       again, in light of the statistics of the

        12       growth in suspensions since No Child Left

        13       Behind.  So I'll be voting in the negative.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Stewart-Cousins to be recorded in the

        16       negative.

        17                  Is there any other Senator wishing

        18       to explain their vote?

        19                  Announce the results.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 179, those recorded in the

        22       negative are Senators Espaillat,

        23       Hassell-Thompson, Huntley, L. Krueger,

        24       Montgomery, Parker, Perkins, Rivera, Serrano

        25       and Stewart-Cousins.



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         1                  Ayes, 46.  Nays, 10.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    Calendar Number

         7       248, by Senator Libous, Senate Print 1071 --

         8                  SENATOR DILAN:    Explanation.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Dilan has requested an explanation, Senator

        11       Libous.

        12                  SENATOR LIBOUS:    Mr. President,

        13       this is the bill that I've had before this

        14       house on a couple of occasions.  It's the

        15       Dedicated Highway Bridge and Trust Fund bill.

        16       As I like to say and as I have said on this

        17       floor, it puts the trust back in the fund.

        18                  As many of you know, right now the

        19       Dedicated Highway Trust Fund gets raided every

        20       year.  It gets raided for snow and ice

        21       removal, it gets raided for the operation of

        22       the Department of Motor Vehicles.

        23                  When the fund was set up in the

        24       '90s, its intent was to be a dedicated highway

        25       and bridge trust fund.  And unfortunately,



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         1       over time, the trust had come out of the fund.

         2       And what I'm trying to do -- and as my

         3       colleagues have joined me in the past, I

         4       believe this bill has passed almost

         5       unanimously in the past -- is to put the trust

         6       back in the fund.

         7                  Right now the money that comes out

         8       of the fund goes to the areas that I

         9       mentioned.  What this bill would do is take

        10       over a period of five years so that the money

        11       in the fund would go to what it's supposed to

        12       be used for -- not snow and ice removal, but

        13       to repair bridges and roads in all of the

        14       State of New York.

        15                  So, Mr. President, this bill comes

        16       before the body as it has in the past.  It's

        17       passed this house on a number of occasions.

        18       For whatever reason, it doesn't seem to pick

        19       up any momento -- momentum.  Maybe the bill is

        20       a momento -- but it doesn't pick up any

        21       momentum in the Assembly.

        22                  ACTING PRESIDENT GRIFFO:    Senator

        23       Dilan.

        24                  SENATOR DILAN:    Yes.  First I'd

        25       first like to thank Senator Libous for



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         1       sponsoring this bill and bringing it forward

         2       and recognizing that there is a problem with

         3       the Dedicated Highway Trust Fund and really

         4       bringing it to light.

         5                  The Dedicated Highway and Bridge

         6       Trust Fund was created in 1991, like Senator

         7       Libous indicated.  It was meant to be a

         8       pay-as-you-go funding stream for construction

         9       and rehabilitation of state roads and bridges.

        10                  At the time, then Governor Mario

        11       Cuomo, in his approval message, stated that

        12       "This is a reliable, predictable stream of

        13       revenues which will allow us to provide for an

        14       orderly development and management of

        15       transportation programs and projects without

        16       reliance upon periodic bond issues."

        17                  So I would like to know if Senator

        18       Libous would respond to several questions.

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Libous, would you yield for a series of

        21       questions?

        22                  SENATOR LIBOUS:    Mr. President, I

        23       would be pleased to yield to my friend Senator

        24       Dilan.

        25                  ACTING PRESIDENT GRIFFO:    Senator



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         1       Dilan.

         2                  SENATOR DILAN:    And also I would

         3       like to say that we all have voted for this

         4       bill at one time or another in the past.

         5       However, I was enlightened a little bit in the

         6       past two years, as chair of the Transportation

         7       Committee, and found out a little more about

         8       this fund and the problems that it does have

         9       now.

        10                  So how does this legislation before

        11       us today help bring us back to the clearly

        12       stated intended goal of the fund, of "pay as

        13       you go"?  Does it do that?

        14                  SENATOR LIBOUS:    Thank you,

        15       Mr. President.  Senator Dilan asked a very

        16       good question.

        17                  Senator, what it allows us to do is

        18       over a phaseout period of five years to

        19       replace the fund at an amount of I believe

        20       it's $137 million a year, to be paid out of

        21       the General Fund.  And then over a five-year

        22       period the fund becomes flush, if you will,

        23       and that the taxes and fees that go into the

        24       fund will continue to pay for a number of

        25       programs, as the Senator mentioned and he's



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         1       quite aware of, like the CHIPS program,

         2       bonding for roads and bridges and some of the

         3       other issues.

         4                  But it would be a five-year

         5       phaseout.  You know, right now,

         6       Mr. President -- and I don't have the exact

         7       number, I think it might be about

         8       $520 million -- but the General Fund actually

         9       puts money back into the Dedicated Highway

        10       Trust Fund.  And what we're trying to do is

        11       clean up the fund so that it just goes for

        12       roads and bridges.

        13                  SENATOR DILAN:    Now, as I

        14       indicated, in Mario Cuomo's approval message

        15       he indicated that it was a pay-as-you-go

        16       program and it was to avoid bonding.  But as

        17       early as 1993, this legislative body provided

        18       the authority to bond state highway and bridge

        19       projects.  And actually the first bond issue

        20       was 1974 [sic], and almost every year

        21       thereafter for these projects, in order to

        22       leverage against the dedicated fund.

        23                  This was an 18-year practice that

        24       has left the fund unable to pay for critical

        25       road and bridge work, as it is now crippled by



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         1       the growing debt service.  And according to

         2       the Division of Budget, 49.2 percent of the

         3       revenue of the dedicated fund went towards

         4       paying down the debt in fiscal years '08 and

         5       '09, and that percentage is estimated to

         6       increase to 72.4 percent in as little as two

         7       years.

         8                  So does this legislation help to

         9       alleviate the debt burden faced by the fund?

        10                  SENATOR LIBOUS:    Mr. President,

        11       Senator Dilan is right on the money, sir.  He

        12       knows his figures.  Because he is right,

        13       42 percent of the fund does go to, right now,

        14       state operations, and 30 percent of the fund

        15       goes to debt service and 29 percent of the

        16       fund actually goes to road and bridges.

        17                  Now, think about that, my

        18       colleagues -- and, Senator, I know because of

        19       your background in transportation, you're very

        20       much aware of this -- that you have a

        21       Dedicated Highway Trust Fund in which

        22       29 percent of the fund goes to roads and

        23       bridges.  Thirty percent of the fund goes to

        24       pick up debt.  Because that debt, as Senator

        25       Dilan says -- and he's absolutely right -- is



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         1       some of the bonding debt, because you cannot

         2       fix all of the roads and bridges in New York

         3       State without bonding.

         4                  And we've had, over the years,

         5       several bond issues.  And, Mr. President, the

         6       Senator is accurate.  I think the last bond

         7       act, Senator, may be four years ago.

         8                  And what happened during that bond

         9       act is that they took pieces of projects from

        10       every member in this chamber throughout all of

        11       this state, and they took it from -- my good

        12       friend Senator Rivera had a project, for

        13       instance, in his district.  And let's say the

        14       project was a $10 million project.  It would

        15       take $2 million of that $10 million from the

        16       bond act.  But if the DOT fund or the

        17       dedicated bridge fund could not supplement the

        18       $8 million, then Senator Rivera's bridge would

        19       not get fixed.  And that's what's happened to

        20       the DOT budget probably over the past six to

        21       eight years.

        22                  So the Senator is right, a portion

        23       of this fund does go to bonding.  As a matter

        24       of fact, to those of us in this chamber, the

        25       CHIPS money -- the CHIPS money is bonded



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         1       money.  Without bonding for CHIPS money, none

         2       of our local governments could pave those

         3       potholes.  That's not cash we take out of the

         4       budget, that's actually bonded money that we

         5       get from the Dedicated Highway Trust Fund.

         6                  So what we're trying to do here --

         7       and the Senator is right, that it's very

         8       imbalanced.  I'm trying to balance the fund.

         9       Recognizing it's going to take five years, I

        10       want to take the $655 million that goes for

        11       snow and ice removal pre I think it's 2000,

        12       Senator, when they used to take it out of the

        13       General Fund and put it right in the DOT

        14       budget and use snow and ice removal out of the

        15       DOT budget and take the I think $200 million

        16       for the operation, $200 million for the

        17       operation of the Department of Motor Vehicles.

        18                  Now, we just passed a budget here.

        19       And every Senator -- every other state agency,

        20       with the exception of the authorities, of

        21       course, the money to run those state agencies

        22       comes out of the General Fund.  The money to

        23       run the Department of Transportation comes out

        24       of the Dedicated Highway Trust Fund.

        25                  So, Mr. President, I think my



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         1       colleague and I are in pretty much agreement

         2       here that there is bonding that comes out of

         3       here.  I'm just trying to balance the fund so

         4       at the end of the day, at the end of five

         5       years, this fund is used for road and bridge

         6       repair.

         7                  SENATOR DILAN:    You know, I just

         8       want to say that I'm not clear if this piece

         9       of legislation actually accomplishes any type

        10       of fix with respect to the problem that the

        11       dedicated fund is having with its debt

        12       problem.

        13                  Just to be clear, in 2001 this

        14       house voted 55 to zero, including 17 members

        15       of the current majority and Senator Libous,

        16       yourself, on two dedicated fund measures that

        17       year.  One began the funding of DMV operations

        18       and the DOT snow and ice removal out of the

        19       dedicated fund.  That was the first measure.

        20       And the second was the deposit of annual DMV

        21       fees, roughly about $169 million, that come

        22       from DMV to the fund.

        23                  So why were these department

        24       operations and revenues transferred to the

        25       fund when DMV has always operated as a



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         1       revenue-generating agency and a

         2       self-sustaining agency?  Why was this money

         3       moved into the dedicated funds?

         4                  SENATOR LIBOUS:    Mr. President,

         5       is that a question?

         6                  SENATOR DILAN:    Yes.

         7                  SENATOR LIBOUS:    Mr. President,

         8       Senator Dilan, you're right.  Okay?

         9                  Now I'll speak for myself.  At that

        10       time we did that.  I'm trying to correct it

        11       because it hasn't balanced out, it's been

        12       imbalanced.  And you're right, I voted for

        13       that, because at the time we thought it was

        14       the right thing to do to get our roads and

        15       bridges fixed.  We were given a presentation

        16       by the administration at that time, and we

        17       believed, like we often do, that at least at

        18       that moment it was the right thing to do.  And

        19       I think it was.

        20                  However, I think here we are now in

        21       2011, and I think it's time -- as I have been.

        22       And Senator Dilan has worked with me on this

        23       over the years, and I know we've had a

        24       vigorous debate on this bill.  I think this is

        25       the fourth time I've brought this bill to the



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         1       floor.  So I've been trying to correct

         2       whatever -- and I'm not going to call it an

         3       error, because at the time I think this body

         4       felt it was the right thing to do.

         5                  But I think right now it is also

         6       the right thing to move forward.  And since

         7       the bridge accident that took place in Senator

         8       Little's district -- was it two years ago,

         9       Senator? -- and some of the other problems in

        10       all of our districts, you go to the dedicated

        11       fund and it's broke.  And we all know that

        12       there is no money.  Right now the DOT budget

        13       is $8 billion.  Half of that goes to the MTA,

        14       half of that goes to operating and capital

        15       costs.  And all I'm trying to do here,

        16       Senator, is clean it up.

        17                  So I don't disagree with you, you

        18       know, on what was done in 2001, I think you

        19       said it was.  I voted whatever I voted for.

        20       But I just think that this is 2011, and I

        21       think we always have to be progressive.  I

        22       think we have to look at the times.  And we

        23       always have to maybe do better -- I didn't say

        24       I was a progressive, Senator, I said we have

        25       to be progressive and look at the times and do



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         1       better than we did in 2001.  And I think that

         2       this bill would do that.

         3                  SENATOR DILAN:    I would just like

         4       to comment and then one more question.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Dilan, are you on the bill now or are you

         7       still going to continue to question?

         8                  SENATOR DILAN:    Well, I'll ask a

         9       question.

        10                  With this legislation you're

        11       proposing to stop DMV operations and DOT snow

        12       and ice removal, the funds that come out of

        13       the -- to stop that practice.  So how -- and

        14       also, at the same time, have the $169 million

        15       coming out of DMV still going to the trust

        16       fund.

        17                  So how would we then fund DMV and

        18       also fund the ice and snow removal?

        19                  SENATOR LIBOUS:    Mr. President,

        20       the Senator raises a good question.  That's my

        21       five-year phaseout.  Because as you do a

        22       five-year phaseout, the funding would then

        23       come from the General Fund, just like every

        24       other state agency, just like snow and ice

        25       used to come from that.



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         1                  And certainly I would be open,

         2       Senator, to be flexible on the DMV fees.

         3       Because one could argue, as I think you are,

         4       that the DMV fees should pay for the operation

         5       of the DMV.  Mr. President, I'm a flexible

         6       guy.  I would be open to doing that as long as

         7       we could clean up the Dedicated Highway Trust

         8       Fund.  I would be more than happy to work with

         9       Senator Dilan on cleaning that up.  But I

        10       would like to move the bill forward today so

        11       that maybe we could get some attention in the

        12       Assembly.

        13                  SENATOR DILAN:    On the bill.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Dilan on the bill.

        16                  SENATOR DILAN:    I look forward to

        17       working with Senator Libous and anyone else in

        18       this house to recognize the problem that this

        19       fund is definitely having.  It's going to get

        20       to a point where we're not going to have the

        21       ability to fund any capital project with

        22       respect to DOT or highways and bridges in the

        23       State of New York if this practice continues.

        24                  So I look forward to working with

        25       Senator Libous to ensure that the Assembly



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         1       recognizes the problem that we have here and

         2       definitely fixing this fund.  So with that

         3       said, I will be voting for the bill.

         4                  Thank you.

         5                  ACTING PRESIDENT GRIFFO:    Senator

         6       Little.

         7                  SENATOR LITTLE:    Thank you,

         8       Mr. President.  On the bill.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Little on the bill.

        11                  SENATOR LITTLE:    Thank you.

        12                  I'd like to thank Senator Libous

        13       for putting forward this bill and thank all of

        14       you that will sponsor and support this bill.

        15                  In my district, October 16th of

        16       2009, I got a call that a major bridge between

        17       Vermont and New York, the Crown Point Bridge,

        18       was being closed.  We all knew the Crown Point

        19       Bridge needed repair and had been subject to

        20       several inspections.  But an inspection the

        21       day before they closed it showed that the

        22       bridge was really in need of repair and about

        23       to fail.

        24                  Fortunately, no one was injured and

        25       we didn't have a total failure of the bridge,



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         1       but -- or it didn't fall down with cars on it.

         2       But just imagine the disruption to the lives

         3       of the people in that district.  The detour,

         4       mind you, was over 100 miles for people who

         5       lived in Crown Point and worked in Vermont,

         6       attended a hospital for healthcare in Vermont,

         7       or went over to Vermont for education and

         8       vice versa.  So there was a tremendous

         9       disruption.

        10                  Fortunately, the bridge was blown

        11       up and is now being replaced by a really

        12       beautiful bridge that will have bike lanes and

        13       sidewalks, something that all of New York

        14       State will be proud of.

        15                  But the point to be made is that we

        16       are an older state and many of our roads and

        17       bridges have been in existence for a long

        18       time.  We have found that many of the bridges

        19       in New York State are in need of repair and,

        20       on the scale that they measure them on, are in

        21       a scale which shows that they need attention.

        22                  So any way that we can get more of

        23       this dedicated highway fund to go for what it

        24       is needed for -- for improving infrastructure,

        25       for repairing bridges, and for seeing that we



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         1       don't have a disaster with one of our bridges

         2       and a loss of life -- is very, very important.

         3                  I also commend Senator Libous for

         4       the way he's approaching this, as it is a

         5       phaseout.  It would be really nice to just cut

         6       off the money and do it all at once and keep

         7       the money in the dedicated highway fund, but

         8       we know that that would cause problems

         9       elsewhere.

        10                  So I appreciate the interest and

        11       what he has done for this bill, and I look

        12       forward to voting for it and hope that all

        13       will support the bill.

        14                  Thank you.

        15                  ACTING PRESIDENT GRIFFO:    Is

        16       there any other Senator wishing to be heard?

        17                  Seeing none, debate is closed, and

        18       the Secretary will ring the bell.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 56.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  Senator Libous, that completes the

         4       controversial reading of the calendar.

         5                  SENATOR LIBOUS:    Mr. President,

         6       can we return to reports of standing

         7       committees.  I believe there's a report of the

         8       Rules Committee at the desk.

         9                  ACTING PRESIDENT GRIFFO:    Reports

        10       of standing committees.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Senator Skelos,

        13       from the Committee on Rules, reports the

        14       following bills:

        15                  Senate Print 2631, by Senator

        16       Marcellino, an act to amend the Tax Law;

        17                  Senate Print 4248, by Senator

        18       Hassell-Thompson, an act in relation to term

        19       of service of trustee-elects.

        20                  Both bills ordered direct to third

        21       reading.

        22                  ACTING PRESIDENT GRIFFO:    May we

        23       have just some quiet in the chamber, please.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Could I move we



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         1       accept the report of the Rules Committee,

         2       Mr. President.

         3                  ACTING PRESIDENT GRIFFO:    All in

         4       favor of accepting the Rules Committee report

         5       signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT GRIFFO:

         8       Opposed?

         9                  (No response.)

        10                  ACTING PRESIDENT GRIFFO:    The

        11       report is accepted.

        12                  Senator Libous.

        13                  SENATOR LIBOUS:    Mr. President,

        14       could we now have the noncontroversial reading

        15       of Supplemental Calendar 33A, please.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       Secretary will read the noncontroversial

        18       supplemental calendar.

        19                  THE SECRETARY:    Calendar Number

        20       391, by Senator Marcellino, Senate Print

        21       2631 --

        22                  SENATOR BRESLIN:    Lay it aside.

        23                  ACTING PRESIDENT GRIFFO:    Lay it

        24       aside.

        25                  THE SECRETARY:    Calendar Number



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         1       392, by Senator Hassell-Thompson, Senate Print

         2       4248, an act in relation to term of service of

         3       trustee-elects.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 56.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  That completes the noncontroversial

        15       reading of the supplemental calendar, Senator

        16       Libous.

        17                  SENATOR LIBOUS:    Thank you,

        18       Mr. President.  Could we have the reading of

        19       the controversial supplemental calendar.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       Secretary will ring the bell, and the

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       391, by Senator Marcellino, Senate Print

        25       2631 --



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         1                  SENATOR KRUEGER:    Explanation.

         2                  SENATOR BRESLIN:    Explanation.

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Breslin and Senator Krueger have requested an

         5       explanation, Senator Marcellino.

         6                  SENATOR MARCELLINO:    Mr.

         7       President, it will be my pleasure to provide

         8       one to my two distinguished colleagues.

         9                  This legislation would require the

        10       Department of Taxation and Finance to pay tax

        11       refunds within 30 days of receipt of a tax

        12       return.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Krueger.

        15                  SENATOR KRUEGER:    Thank you,

        16       Mr. President.  Would the sponsor please

        17       yield?

        18                  ACTING PRESIDENT GRIFFO:    Will

        19       the sponsor yield?

        20                  SENATOR MARCELLINO:    Yes.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       sponsor does yield.

        23                  SENATOR KRUEGER:    Thank you.

        24                  Have you gotten an opinion from the

        25       Department of Tax and Finance regarding this



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         1       legislation and their position?

         2                  SENATOR MARCELLINO:    No, we have

         3       not, Senator.

         4                  SENATOR KRUEGER:    If the sponsor

         5       would continue to yield.

         6                  SENATOR MARCELLINO:    Yes.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       sponsor yields.

         9                  SENATOR KRUEGER:    Thank you.

        10                  Do you know the current average

        11       turnaround by the Department of Tax and

        12       Finance for refunds on personal income taxes?

        13                  SENATOR MARCELLINO:    Senator, I

        14       couldn't give it to you to the day.  I know

        15       what the current law requires, 45 days.

        16                  But it is my understanding, in

        17       conversation with a number of my constituents

        18       and even some of our fellow members, that that

        19       date is not necessarily adhered to.  There are

        20       some members who filed returns in January and

        21       still haven't gotten their refunds back.

        22       There are others who got them back quickly and

        23       others who just never get them back for a

        24       reasonable period of time, without written

        25       explanation as to why.



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         1                  SENATOR KRUEGER:    Mr. President,

         2       if the sponsor would continue to yield.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Senator yields.

         5                  SENATOR KRUEGER:    Thank you.

         6       Would this bill to apply to all refunds owed

         7       by the Department of Tax and Finance or

         8       selected taxes?

         9                  SENATOR MARCELLINO:    If you're

        10       owed money, you should get it back.  It's your

        11       money.

        12                  SENATOR KRUEGER:    Mr. President,

        13       if through you the sponsor would continue to

        14       yield.

        15                  SENATOR MARCELLINO:    Yes.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       sponsor yields.

        18                  SENATOR KRUEGER:    My reading of

        19       the bill is that it would just apply to

        20       personal income taxes.  So the sponsor

        21       answered he thinks it applies to all money

        22       owed.

        23                  I just want to rephrase the

        24       question.  Am I incorrect in my reading of the

        25       bill, that it's just on personal income taxes?



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         1                  SENATOR MARCELLINO:    I believe

         2       the bill as written would require the

         3       payment -- let me just double-check, but I

         4       believe you're right.  Hold on.

         5                  I was right, Senator, it applies to

         6       all refunds owed.

         7                  SENATOR KRUEGER:    Thank you.

         8                  Mr. President, I correct myself and

         9       thank the sponsor.  My question was actually

        10       really addressed to -- was intended to clarify

        11       that there may be different issues for

        12       corporate franchise taxes or personal income

        13       tax or sales and use taxes.  Which is a

        14       statement and correction, not a question.

        15                  Now, will the sponsor continue to

        16       yield, please?

        17                  SENATOR MARCELLINO:    Yes, I do.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       sponsor yields.

        20                  SENATOR KRUEGER:    Thank you.

        21                  Do we have any estimated cost of

        22       what would be involved for the State of

        23       New York to change its system?  It would

        24       overlap, I think, both the Department of Tax

        25       and Finance, its processing vendors, and



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         1       potentially the Office of the State

         2       Comptroller.  Because currently we have a

         3       30-day -- it would change from 45 days to

         4       30 days.  So have we estimated what it would

         5       cost the State of New York?

         6                  SENATOR MARCELLINO:    No, we have

         7       not estimated that, Senator.

         8                  But I would suspect that, as has

         9       been my experience when you talk to various

        10       departments and you're dealing with them to

        11       make changes, the departments always tell you

        12       it's going to cost you huge amounts of money

        13       to make what I consider to be changes on

        14       computers these days.  These taxes do not have

        15       to be entered by abacus, and they're not

        16       entered by hand.  Everything is done on

        17       computers.  Everything is calculated on

        18       computers.  And it requires the change of some

        19       computer programming, which should not, in my

        20       mind, require great expense.

        21                  However, we have not sought and we

        22       do not have an estimate.

        23                  SENATOR KRUEGER:    Mr. President,

        24       if the sponsor would continue to yield,

        25       please.



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         1                  SENATOR MARCELLINO:    I yield.

         2                  SENATOR KRUEGER:    Thank you.

         3                  So we don't know what the fiscal

         4       impact is, but conceivably there's a fiscal

         5       impact.  So why didn't we move this bill

         6       through the Finance Committee?

         7                  SENATOR MARCELLINO:    I think

         8       you're going to have to ask the Finance

         9       Committee chairman that, because you are the

        10       ranking member of that.  The bill was not

        11       flagged by Finance, it was referred to Rules

        12       as per procedure.

        13                  SENATOR KRUEGER:    Mr. President,

        14       if through you the sponsor would continue to

        15       yield.

        16                  SENATOR MARCELLINO:    I continue

        17       to yield.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       sponsor yields.

        20                  SENATOR KRUEGER:    Thank you.

        21                  And so in fact for the record, I am

        22       the ranker, so I can't flag bills to Finance.

        23       But I would have flagged this to Finance had I

        24       been the chair, because I'm quite sure this

        25       will be a cost to the state.



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         1                  And a follow-up question --

         2                  SENATOR MARCELLINO:    If I may --

         3                  SENATOR KRUEGER:    Yes.

         4                  SENATOR MARCELLINO:    It's a cost

         5       to the state because they have to pay a refund

         6       no matter what.  So the state has to pay a

         7       refund, and they do expect to do that.

         8                  SENATOR KRUEGER:    Mr. President,

         9       through you.  There would be, I believe, an

        10       additional cost to the change for changing its

        11       systems over with the changes required in this

        12       bill.

        13                  But this bill also requires Tax and

        14       Finance to pay interest if they do not make

        15       payments or refunds to taxpayers within

        16       30 days.  And I believe it explicitly states

        17       an interest rate to be paid.

        18                  Could the sponsor clarify that

        19       section of the law for me?

        20                  SENATOR MARCELLINO:    It requires

        21       a 6 percent interest rate if the refund isn't

        22       provided in a timely fashion or if the

        23       department doesn't provide written notice as

        24       to the reason why the tax return -- I'll wait

        25       till you can hear me.



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         1                  SENATOR KRUEGER:    Thank you.  If

         2       the sponsor would continue to yield.

         3                  SENATOR MARCELLINO:    I hadn't

         4       finished my answer.  I was simply waiting till

         5       you could hear my answer so we could have a

         6       colloquy here.

         7                  SENATOR KRUEGER:    Excuse me.

         8       Thank you.

         9                  SENATOR MARCELLINO:    A tax

        10       refund, if a written notice is applied to or

        11       sent to a constituent or a tax person, the

        12       person who pays their taxes and is owed a

        13       refund should receive a written notice from

        14       the department if they're not going to get

        15       their refund in a timely fashion because they

        16       either made a mistake on their refund or there

        17       is other such discrepancy found by the

        18       Taxation and Finance Department.

        19                  If that person -- if you, Senator,

        20       do not pay your taxes in a timely fashion, you

        21       get a fine applied to you immediately.

        22       Without argument, without payment, without

        23       discussion and without appeal, you will be

        24       fined for late payment of taxes and the

        25       government will expect to get their money



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         1       ASAP.  There will be no leeway as to whether

         2       or not you can pay them within 10 days,

         3       30 days, or 50 days.  You must pay.  If you

         4       don't pay, you are threatened with jail or

         5       loss of licenses, liens placed against your

         6       pay, and all other such penalties.

         7                  So the state, the federal

         8       government, the tax collector insists on

         9       prompt payment from the taxpayers of money

        10       owed to the government.  And I don't think

        11       it's unreasonable to ask the government to pay

        12       promptly to the taxpayer.  It's their money.

        13       They're owed it.  And they should get it.

        14                  SENATOR KRUEGER:    Thank you.  If

        15       the sponsor would continue to yield.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       sponsor yields.

        18                  SENATOR MARCELLINO:    I'll be

        19       happy to.

        20                  SENATOR KRUEGER:    Thank you.  So

        21       I'm interested in the discussion of

        22       discrepancy that you just raised.

        23                  So if the department sees a

        24       discrepancy between what you have filed and

        25       what they understand to be the taxes owed, are



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         1       they supposed to still make the refund or pay

         2       the interest?

         3                  SENATOR MARCELLINO:    No.  Just

         4       simply notify the taxpayer that there is a

         5       problem with the tax form and that there has

         6       to be a discussion and we'll set up a date for

         7       meeting, and you meet with the Department of

         8       Taxation and Finance and you settle your

         9       accounts, as to whether or not the mistake is

        10       real, whether you have a reasonable

        11       explanation and they agree with you, or

        12       whatever.  In some cases there's even court

        13       cases; you may want to take them to court and

        14       file on that basis.

        15                  So it doesn't require in that

        16       sense, in my understanding.  It would simply

        17       mean the procedure has to be followed.  In

        18       other words, we just don't want the taxpayer

        19       left out there in limbo with no response, no

        20       answer, and money that they're owed but no

        21       explanation as to why they're not getting it.

        22                  ACTING PRESIDENT GRIFFO:    It's

        23       getting a little noisy in the chamber.  I'd

        24       ask if you could take conversations outside

        25       the chamber so the members can hear each other



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         1       in conversation.

         2                  Senator Krueger.

         3                  SENATOR KRUEGER:    Thank you.

         4                  So just to clarify so that the

         5       sponsor and I are both on the same page, if

         6       the department concludes there is some kind of

         7       discrepancy, they do not have to pay interest

         8       after 30 days, they have to provide notice and

         9       clarification to the taxpayer within 30 days?

        10                  SENATOR MARCELLINO:    Yes,

        11       Senator, that would be my understanding of the

        12       bill, that the department is required to

        13       notice the taxpayer that there is a problem

        14       with the tax return and that an explanation is

        15       required, set up some type of a meeting date

        16       with the taxpayer that is mutually acceptable

        17       so they can get together and deal with it.

        18                  That's normal procedure right now.

        19       That's the way it operates right now.  You

        20       don't get your refund until everything is

        21       clarified.

        22                  SENATOR KRUEGER:    Thank you.

        23                  If through you, Mr. President, the

        24       sponsor would continue to yield.

        25                  SENATOR MARCELLINO:    Sure.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       sponsor yields.

         3                  SENATOR KRUEGER:    Is it your

         4       understanding, in your language of

         5       discrepancy, that the agency, Tax and Finance

         6       agency, could define discrepancy in a very

         7       broad purview, anything they wish it to be,

         8       and simply send a notice for clarification,

         9       that there doesn't need to be more specific

        10       definitions of what the discrepancy is?  It

        11       may be that in fact the tax return was

        12       incorrect, there was more exemptions taken

        13       than legally allowed, for example.

        14                  SENATOR MARCELLINO:    No, I --

        15       Senator, I have a little more faith in the

        16       government and the people involved.  I do not

        17       believe the government is just going to send a

        18       blanket notice out to taxpayers that "there's

        19       a problem with your return so therefore we're

        20       going to hold your refund until we clarify the

        21       issue."

        22                  All tax returns, as you well know,

        23       now are reviewed by computer.  It's all

        24       computerized.  There are parameters set.  If

        25       the numbers go above a certain point or below



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         1       a certain point, the computer clicks them off,

         2       sets these filings apart, and procedures

         3       follow in that basis.

         4                  The entire system is computerized.

         5       The federal government has gone to total

         6       computerization.  You must, if you want -- and

         7       they'll tell you this, if you want your refund

         8       promptly delivered, file by electronic means

         9       and you will get it back.  If you do not, if

        10       you file by hand and they have to read it by

        11       hand and enter it by hand, that might delay

        12       the process.  However, if you file

        13       electronically, which is the current mode,

        14       everything gets taken care of by machine and

        15       you can get an appropriate response in a

        16       reasonable period of time.

        17                  SENATOR KRUEGER:    Thank you,

        18       Mr. President.  If the sponsor would continue

        19       to yield.

        20                  SENATOR MARCELLINO:    Sure.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       sponsor yields.

        23                  SENATOR KRUEGER:    Thank you.

        24                  And I agree with the sponsor that

        25       the vast majority of tax returns that are



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         1       being filed electronically are getting a

         2       relatively fast response from New York State.

         3       And I believe their average rate of responding

         4       on tax refunds is about 30 days currently.

         5                  Although the sponsor raises an

         6       interesting question, because I believe this

         7       year there was a specific problem with a

         8       software program, TurboTax, and New York State

         9       filings.  So if the software program was

        10       responsible for the problem leading to a delay

        11       in the refund beyond 30 days, who would have

        12       be responsible for paying interest to the

        13       taxpayer under this bill?

        14                  SENATOR MARCELLINO:    If it was

        15       the government's program, the government would

        16       be responsible.  If it's your personal program

        17       and you created the problem because you used a

        18       program that didn't mesh, then it's your

        19       problem and you have to deal with it.  But if

        20       the government set the program up and the

        21       government created the program or purchased

        22       the program and then used the program and it

        23       screwed up, it's their fault and you're owed.

        24                  SENATOR KRUEGER:    Thank you.  So,

        25       Mr. President, permit me just to repeat to



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         1       confirm from the sponsor.

         2                  If you're using, say, TurboTax,

         3       which is a private software company, or some

         4       other private software to do your electronic

         5       filing of state taxes, and the mistake is due

         6       to the software program, then the State of

         7       New York would not be liable for the interest

         8       or the delay in refund, under this law?

         9                  SENATOR MARCELLINO:    If I as a

        10       taxpayer cause a problem that creates a delay,

        11       it's my problem.  Not the government's

        12       problem.  If it's the government's program

        13       that causes the delay, then it's the

        14       government's problem.

        15                  SENATOR KRUEGER:    Mr. President,

        16       if the sponsor would continue to yield.

        17                  SENATOR MARCELLINO:    I'd be happy

        18       to.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       sponsor yields.

        21                  SENATOR KRUEGER:    Thank you.

        22                  This bill requires a 6 percent

        23       interest rate.  That's, in today's world, an

        24       exceptionally high rate of return.  How did

        25       the 6 percent number get determined?  I would



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         1       love to make 6 percent on anything and

         2       everything, to be quite honest.

         3                  SENATOR MARCELLINO:    Yeah, so

         4       would I, Senator.  These days, if you make a

         5       half a percent, you're lucky, on your bank

         6       account.

         7                  But it would be my understanding

         8       that the taxpayers should get what I consider

         9       a fair return on their money, and 6 percent

        10       would provide an incentive to do it correctly.

        11                  SENATOR KRUEGER:    Mr. President,

        12       if the sponsor would continue to yield.

        13                  SENATOR MARCELLINO:    I will

        14       continue to yield.

        15                  SENATOR KRUEGER:    Thank you.

        16                  Because we both agree that this is

        17       a significant interest rate, do we have any

        18       estimate of how much this could cost the State

        19       of New York in a one-year period and where we

        20       would get the money to pay this cost?

        21                  SENATOR MARCELLINO:    Senator,

        22       that would be frankly an impossibility to

        23       predict, because you don't know from year to

        24       year what the tax is going to be.  You don't

        25       know who's going to be paying, how much



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         1       they're going to be paying.

         2                  I assume you could get a -- if you

         3       went back a few years, you could probably get

         4       past taxes paid and, you know, apply an

         5       estimate to that, but that would have

         6       absolutely no impact as to what next year's

         7       tax payment would be, because it would be

         8       subsequently less.

         9                  As you well know, this state budget

        10       is dependent on tax returns.  And from year to

        11       year those tax returns go up, they go down.

        12       Times are good, they're up.  Times are bad,

        13       they go down.  So everybody's impacted.  So I

        14       think it would be almost impossible to give

        15       you an accurate explanation on that.

        16                  SENATOR KRUEGER:    Mr. President,

        17       if the sponsor would continue to yield.

        18                  SENATOR MARCELLINO:    Happy to.

        19                  SENATOR KRUEGER:    Thank you.

        20                  As I recall, when we last visited

        21       this bill a year or two ago when Governor

        22       Paterson indicated that because of lack of

        23       funds the state would need to elongate the

        24       refund process by three weeks, he declared he

        25       had unilateral authority to do this as



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         1       Governor.

         2                  Under this legislation, would the

         3       Governor still have unilateral authority to

         4       lengthen the process beyond the 30-day period?

         5                  SENATOR MARCELLINO:    I disagreed

         6       with my good friend David Paterson when he did

         7       that.  He took advantage of his executive

         8       position in being able to direct the agencies

         9       of the state and direct the commissioners of

        10       the state to not pay out money that was duly

        11       owed to the residents.  His claim at the time,

        12       I believe, he was fearful that the state would

        13       run out of money and he wouldn't have cash on

        14       hand to pay his bills.

        15                  Well, the taxpayers are a bill due

        16       and owed, and they had a right to get their

        17       money collected.  And I don't think any

        18       individual has a right to just take it on

        19       their own and say "I'm not going to pay this

        20       bill today because I don't think we have the

        21       money."  Or "I don't want to pay this refund

        22       out or I don't want to pay these people

        23       because I, the Governor of the state, decide

        24       that I think we should have this money in our

        25       bank account collecting interest so that we



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         1       can apply it going forward to other needs."

         2                  You're borrowing the money from the

         3       taxpayer when you do that.  That taxpayer is

         4       due and owed interest on that money.  It's a

         5       loan to the government and, as a matter of

         6       fact, an involuntary loan to the government

         7       that should never have occurred.

         8                  SENATOR KRUEGER:    If through

         9       you --

        10                  SENATOR MARCELLINO:    I yield.

        11                  SENATOR KRUEGER:    Thank you.

        12                  Again, I don't find language in

        13       this bill that explicitly prevents a Governor

        14       from unilaterally determining that because of

        15       state cash-flow issues he may need to elongate

        16       the time period beyond 30 days, as under the

        17       45-day statute there is no explicit language

        18       and so we learned that he could.

        19                  So I just want to clarify.  This

        20       legislation would not prevent a Governor from

        21       unilaterally determining that because of a

        22       cash flow or other situation in the State of

        23       New York he could order the Department of Tax

        24       and Finance to go beyond the 30 days?

        25                  SENATOR MARCELLINO:    You're



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         1       right.  And the response to that is if the

         2       Governor unilaterally elongates the time

         3       period under this legislation that is

         4       proposed, he pays 6 percent interest to the

         5       taxpayer for borrowing their money.  It's as

         6       simple as that.

         7                  I don't believe David Paterson,

         8       Governor Paterson had a right to do what he

         9       did, but he did it.  Those taxpayers, in my

        10       mind, are owed money.  They loaned their money

        11       involuntarily to the State of New York for a

        12       period of time.  They should have been

        13       recompensed for providing that service and

        14       that money that they couldn't use and they

        15       couldn't apply for their own personal needs.

        16       It was their money.

        17                  This bill would provide a

        18       disincentive for a Governor to do that because

        19       it provides that if you don't pay the money

        20       out in a timely fashion as indicated by the

        21       bill, you owe 6 percent interest rate, which

        22       my lawyer friends tell me is below the rate of

        23       a judgment, which is approximately 9 percent

        24       these days.  So, you know, we're working a

        25       happy medium here.



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         1                  SENATOR KRUEGER:    Mr. President,

         2       if through you the sponsor would continue to

         3       yield.

         4                  SENATOR MARCELLINO:    My pleasure.

         5                  SENATOR KRUEGER:    Thank you.

         6                  SENATOR MARCELLINO:    [Inaudible.]

         7                  SENATOR KRUEGER:    We're having

         8       fun today, two bills.

         9                  So under current reality, only

        10       approximately 33 percent of the money paid out

        11       in personal income tax refunds each year is

        12       actually a refund for an overpayment of taxes

        13       either through withholding or estimated

        14       payments or carry-forwards.  Therefore, the

        15       revenue implications of this bill as written

        16       can be quite large.  Because I read this bill

        17       as requiring the 6 percent interest to apply

        18       to, again, all taxes.  And that would

        19       include -- just double-checking -- if there

        20       was a delay in getting someone's earned income

        21       tax credit to them, a noncustodial parent tax

        22       credit, the Empire State child credit, the

        23       child and dependent care credit, college

        24       tuition credits, real property tax credits.

        25                  Is that your understanding of this



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         1       bill, that there would be the 6 percent

         2       interest applied on all of the above?

         3                  SENATOR MARCELLINO:    On all of

         4       the above only if they don't pay the refund in

         5       a timely fashion.  If you pay the refund in a

         6       timely fashion which is duly owed to the

         7       taxpayer, regardless of who or what the

         8       taxpayer is or the reason for the tax payment,

         9       then you don't have to pay any interest

        10       penalty, you simply pay the refund, which is

        11       the appropriate thing to do.

        12                  They're owed the money.  It's like

        13       the commercial says, it's my money and I want

        14       it now.  The taxpayers are screaming they want

        15       their money now, and in a timely fashion.  I

        16       think we, as representatives of the people of

        17       this state, owe them that much that they get

        18       their money in a timely fashion and if we make

        19       a mistake, if government screws up, government

        20       should pay a penalty like everybody else.

        21                  SENATOR KRUEGER:    Thank you,

        22       Mr. President.  On the bill.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Krueger on the bill.

        25                  SENATOR KRUEGER:    I'm torn.  I



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         1       want to thank the sponsor for his explanation.

         2       I know that this is a bill that has been

         3       floating around for quite a few years in the

         4       Senate.  And I'm torn because I think the

         5       sponsor is right; if people are owed refunds,

         6       then the State of New York should be

         7       appropriately timely and professional in

         8       getting them their money.

         9                  My dilemma is I don't think we

        10       spent enough time fine-tuning this bill.  The

        11       fact that we haven't asked Tax and Finance

        12       what any of the technical effects that this

        13       bill would have on them, we don't know how

        14       much change would be required in systems,

        15       whether there would be additional staff

        16       required.

        17                  The effective date is to go into

        18       effect immediately.  We're right in the

        19       middle, technically, of tax season.  People's

        20       taxes have to be submitted by April 15th.  And

        21       so if we were to pass this bill and it came

        22       into law, by May 15th everything would have to

        23       change and be put into effect.  Or that's how

        24       I read "to go into effect immediately."

        25                  So I don't think we're really ready



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         1       to roll this out immediately.  I have to say

         2       that the budget did not factor in additional

         3       costs for the Department of Tax and Finance

         4       for implementation, start-up, and in fact

         5       speeding up the process by which they get

         6       refunds back to taxpayers.

         7                  Although I am not sure that there

         8       is a major outcry from the public calling for

         9       this legislation in its current form

        10       immediately, because it turns out 80 percent

        11       of people are receiving their refunds within

        12       30 days already.  So you could argue, well, so

        13       this isn't that big a deal because it's only

        14       the other 20 percent of the people.  Or you

        15       could say this is a really big deal, we're

        16       requiring changes in lots of different systems

        17       for 100 percent of tax returns when

        18       technically there might be a problem only for

        19       20 percent or there might not be a problem at

        20       all because those 20 percent could in fact

        21       fall into the discrepancy category that the

        22       sponsor very correctly explained was possible.

        23                  I also am very concerned that we

        24       have a 6 percent interest rate attached to

        25       this.  And I have no idea, nor does the



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         1       sponsor, how large a cost this would be for

         2       the State of New York.

         3                  A 6 percent rate of return, I have

         4       to say you almost want the Department of

         5       Taxation not to get that refund back to you.

         6       You will probably find tax experts going into

         7       the business of figuring out just exactly how

         8       to put in a tax return so that the state can't

         9       get you the refund and you can earn 6 percent

        10       for a whole number of months.  In fact, that

        11       might be a new career opportunity for job

        12       creation, figuring out how we can get

        13       6 percent from the state.

        14                  And yet I also don't really want to

        15       vote against the bill because, again, I do

        16       think it's important for us to be sending the

        17       message we want an efficient, accountable

        18       government and when we ask people for their

        19       taxes and we hold them to paying them and

        20       following the laws, we should also follow the

        21       law.

        22                  So what I'm going to do is split

        23       the baby.  I'm going to support the bill under

        24       the belief that it won't become law until and

        25       unless the Governor and the Assembly come back



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         1       to negotiate with us on how to deal with the

         2       technicalities of this bill.

         3                  So I want to thank the sponsor for

         4       his answers.  I will be voting for the bill.

         5       But again, for the record, only supporting it

         6       as law if we can fix quite a number of the

         7       concerns I have raised here today.

         8                  Thank you very much, Mr. President.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Krueger.

        11                  I believe you have until the 18th

        12       this year.

        13                  SENATOR KRUEGER:    Excuse me.

        14                  ACTING PRESIDENT GRIFFO:    Senator

        15       Robach.

        16                  SENATOR ROBACH:    Yes, just very

        17       quickly.

        18                  I rise to applaud Senator

        19       Marcellino for putting this bill in.  Those of

        20       you that really do hands-on constituent

        21       service, you'll know there's nothing more

        22       irate than somebody who's waiting for their

        23       income tax return to come in.

        24                  And, you know, I have seen many

        25       times -- the current law says they're supposed



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         1       to pay 3 percent interest, the state.  I

         2       haven't even seen that applied, let alone

         3       changing it to the 6 percent.  I don't know

         4       who arbitrates that or who enforces it, but I

         5       can tell you I've had many constituents who

         6       have gone well past the 45-day time before

         7       they got their tax refunds and not seen that

         8       3 percent.  And so I think this will just be a

         9       another tool to speed this along.

        10                  And one thing, I can't remember who

        11       brought it up, Senator Krueger or Senator

        12       Marcellino, but what I've found in advocating

        13       for constituents are clearly, for a lot of my

        14       elderly constituents and low-income

        15       constituents who don't file electronically,

        16       they seem to disproportionately have a longer

        17       return.

        18                  And I had one individual that was

        19       literally waiting to do a home improvement,

        20       predicating getting that money.  And even with

        21       all of our work, it still took a great length

        22       of time to get that for the individual.  And

        23       their quote was:  "You know, we have to put it

        24       in on time.  Shouldn't the state have to give

        25       it back in a timely fashion?"



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         1                  And I think that's the sentiment of

         2       Senator Marcellino's bill.  My guess is by

         3       moving from 45 to 30 days you'll really just

         4       more be enforcing the 45-day limit we

         5       currently have.

         6                  And so I'm very happy to vote for

         7       this bill.  And I hope, rather than change, we

         8       can all work together to maybe get some action

         9       in the other house to make this a reality for

        10       all of our mutual constituents.

        11                  Thank you, Mr. President.

        12                  ACTING PRESIDENT GRIFFO:    Thank

        13       you, Senator Robach.

        14                  Is there any other Senator wishing

        15       to be heard?

        16                  Seeing none, debate is closed and

        17       the Secretary will ring the bell.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 54.  Nays,

        25       2.  Senators Duane and Parker recorded in the



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         1       negative.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       bill is passed.

         4                  Senator Libous, that concludes the

         5       reading of the controversial calendar.

         6                  SENATOR LIBOUS:    Mr. President,

         7       there will be an immediate meeting of the

         8       Rules Committee in 332.

         9                  The Senate will stand at ease

        10       pending the report of the Rules Committee.

        11                  ACTING PRESIDENT GRIFFO:    There

        12       is an immediate meeting of the Rules Committee

        13       in Room 332.

        14                  The Senate stands at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 5:18 p.m.)

        17                  (Whereupon, the Senate reconvened

        18       at 5:29 p.m.)

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Senate will come to order.  The Senate will

        21       come to order.

        22                  Senator Maziarz.

        23                  SENATOR MAZIARZ:    Thank you very

        24       much, Mr. President.

        25                  Can we return to the reports of



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         1       standing committees.  I believe there's a

         2       report of the Rules Committee at the desk.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Senator Skelos,

         6       from the Committee on Rules, reports the

         7       following bill direct to third reading.

         8                  By Senator Flanagan, Senate Print

         9       4211, an act to amend the Education Law.

        10                  ACTING PRESIDENT GRIFFO:    Senator

        11       Maziarz.

        12                  SENATOR MAZIARZ:    I move to

        13       accept the report of the Rules Committee,

        14       Mr. President.

        15                  ACTING PRESIDENT GRIFFO:    All in

        16       favor of accepting the report of the Rules

        17       Committee signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT GRIFFO:

        20       Opposed?

        21                  (No response.)

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Rules report is accepted.

        24                  Senator Maziarz.

        25                  SENATOR MAZIARZ:    Can we have the



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         1       noncontroversial reading of the calendar,

         2       please.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       Secretary will read.

         5                  THE SECRETARY:    Calendar Number

         6       368, by Senator Flanagan, Senate Print 4211,

         7       an act to amend the Education Law.

         8                  ACTING PRESIDENT GRIFFO:    Read

         9       the last section.

        10                  SENATOR DUANE:    Lay it aside,

        11       please.

        12                  ACTING PRESIDENT GRIFFO:    Lay it

        13       aside.

        14                  Senator Maziarz, that completes the

        15       noncontroversial reading of the supplemental

        16       calendar.

        17                  SENATOR MAZIARZ:    Just hold on

        18       for one second, Mr. President.

        19                  ACTING PRESIDENT GRIFFO:    Thank

        20       you, Senator Maziarz.

        21                  (Pause.)

        22                  SENATOR MAZIARZ:    Mr. President.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Maziarz.

        25                  SENATOR MAZIARZ:    The Senate will



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         1       stand at ease for a moment.

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Senate will stand at ease.

         4                  (Whereupon, the Senate stood at

         5       ease at 5:40 p.m.)

         6                  (Whereupon, the Senate reconvened

         7       at 5:52 p.m.)

         8                  ACTING PRESIDENT GRIFFO:    The

         9       Senate will come to order.  The Senate will

        10       come to order.

        11                  Senator Breslin.

        12                  SENATOR BRESLIN:    Mr. President,

        13       I request that the lay-aside be removed and we

        14       proceed on the noncontroversial calendar.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       lay-aside requested is so ordered, and the

        17       Secretary will read the substitution.

        18                  THE SECRETARY:    Senator Flanagan

        19       moves to discharge, from the Committee on

        20       Rules, Assembly Bill Number 6611 and

        21       substitute it for the identical Senate Bill

        22       Number 4211, Third Reading Calendar Number

        23       368.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       substitution is so ordered.



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         1                  Senator Maziarz, we will return now

         2       to the noncontroversial reading.  Without

         3       objection?

         4                  SENATOR MAZIARZ:    Without

         5       objection, Mr. President.

         6                  ACTING PRESIDENT GRIFFO:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       368, by Member of the Assembly Nolan, Assembly

        10       Print Number 6611, an act to amend the

        11       Education Law.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 55.  Nays,

        20       1.  Senator Duane recorded in the negative.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  Senator Maziarz.

        24                  SENATOR MAZIARZ:    Yes,

        25       Mr. President.  Can we at this time return to



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         1       motions and resolutions.

         2                  ACTING PRESIDENT GRIFFO:    Motions

         3       and resolutions.

         4                  SENATOR MAZIARZ:    Mr. President,

         5       on page number 11, on behalf of Senator

         6       Marcellino I offer the following amendments to

         7       Calendar Number 129, Senate Print Number 998A,

         8       and ask that said bill retain its place on

         9       Third Reading Calendar.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       amendments are received and adopted, and the

        12       bill will retain its place on the Third

        13       Reading Calendar.

        14                  Senator Maziarz.

        15                  SENATOR MAZIARZ:    Thank you,

        16       Mr. President.

        17                  Is there any further business at

        18       the desk?

        19                  ACTING PRESIDENT GRIFFO:    There

        20       is no further business before the desk.

        21                  SENATOR MAZIARZ:    Thank you,

        22       Mr. President.  There being no further

        23       business, I move that we adjourn until

        24       Wednesday, April 13th at 11:00 a.m.,

        25       11:00 a.m. tomorrow.



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         1                  ACTING PRESIDENT GRIFFO:    On

         2       motion, the Senate stands adjourned until

         3       Wednesday, April 13th, at 11:00 a.m.

         4                  Senate adjourned.

         5                  (Whereupon, at 5:54 p.m., the

         6       Senate adjourned.)

         7

         8

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        10

        11

        12

        13

        14

        15

        16

        17

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