Regular Session - March 30, 2012

                                                                   1748

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 30, 2012

11                     10:00 a.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  

                                                               1749

 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 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT GRIFFO:   Today 

10  we are honored to have with us Imam Ohi 

11  Chowdhury, of Parkchester Jame Masjid, Inc., 

12  in the Bronx. 

13               Imam.

14               IMAM CHOWDHURY:   (Chanting in 

15  Bangla)  Good morning, everybody.  

16               "All mankind, verily we have 

17  created you male and female and have made you 

18  nations and tribes that you may know one 

19  another.  Certainly the noblest of you in the 

20  sight of Allah is the best in conduct.  Verily 

21  Allah is the best knower."  Chapter 49, 

22  Part 13 {Quran}.  

23               Thank you, everybody.  May God 

24  bless America, may God bless New York, may God 

25  bless all of us.

                                                               1750

 1               ACTING PRESIDENT GRIFFO:   Thank 

 2  you, Imam, for that invocation.

 3               The reading of the Journal.

 4               THE SECRETARY:   In Senate, 

 5  Thursday, March 29th, the Senate met pursuant 

 6  to adjournment.  The Journal of Wednesday, 

 7  March 28th, was read and approved.  On motion, 

 8  Senate adjourned.

 9               ACTING PRESIDENT GRIFFO:    

10  Without objection, the Journal stands approved 

11  as read.

12               Presentation of petitions.

13               Messages from the Assembly.

14               Messages from the Governor.

15               Reports of standing committees.

16               Reports of select committees.

17               Communications and reports from 

18  state officers.

19               Motions and resolutions.

20               Senator Libous.

21               SENATOR LIBOUS:   Mr. President, 

22  I believe there's a resolution at the desk by 

23  Senator Ranzenhofer, Number 3876.  Could we 

24  ask that it be read in its entirety and move 

25  for its immediate adoption.

                                                               1751

 1               ACTING PRESIDENT GRIFFO:   The 

 2  Secretary will read.

 3               THE SECRETARY:   Legislative 

 4  Resolution Number 3876, by Senator 

 5  Ranzenhofer, mourning the untimely death of 

 6  Sergeant William R. Wilson III of Getzville, 

 7  New York, and paying tribute to his courageous 

 8  actions as a member of the United States Army.

 9               ACTING PRESIDENT GRIFFO:   May I 

10  have some order in the chamber, please.

11               The Secretary will continue to 

12  read the entire resolution.  

13               THE SECRETARY:   "WHEREAS, The 

14  courage and bravery of our military personnel 

15  since the United States Armed Forces commenced  

16  Operation Enduring Freedom will ensure our 

17  continued role as a nation which embodies the 

18  ideals of democracy and as a defender of 

19  liberty for people throughout the world; and

20               "WHEREAS, Members of the Armed 

21  Services from the State of New York who have 

22  served so valiantly and honorably during 

23  Operation Enduring Freedom deserve a special 

24  salute from this Legislative Body; and

25               "WHEREAS, It is with feelings of 

                                                               1752

 1  deepest regret that this Legislative Body 

 2  mourns the untimely death of Sergeant William 

 3  R. Wilson III of Getzville, New York, and pays 

 4  tribute to his courageous actions as a member 

 5  of the United States Army; and  

 6               "WHEREAS, Army Sergeant William 

 7  R. Wilson III was killed in Paktika Province,  

 8  located in the eastern part of Afghanistan, on 

 9  Monday, March 26, 2012.  The 27-year-old Army 

10  squad leader was training Afghan soldiers and 

11  police to take over the country's security 

12  when the United States withdraws from 

13  Afghanistan in 2014; and

14               "WHEREAS, Sergeant William R. 

15  Wilson III enlisted in the United States Army 

16  in 2005.  Although he was stationed in 

17  Germany, he was serving another tour in 

18  Afghanistan; and 

19               "WHEREAS, Affectionately known as 

20  Billy by his family, Sergeant William R.   

21  Wilson III was the loving son of William and 

22  Kimberly Wilson; and

23               "WHEREAS, He is a 2003 graduate 

24  of Williamsville North High School and was 

25  recently home visiting family in Western 

                                                               1753

 1  New York; and

 2               "WHEREAS, The banner of freedom 

 3  will always wave over our beloved New York and 

 4  all of America, the Land of the Free and the 

 5  Home of the Brave; and

 6               "WHEREAS, Residents of this great 

 7  State must never forget the courage with which 

 8  these men and women served their country, and 

 9  must recognize that no greater debt is owed 

10  than that owed to those who gave their lives 

11  for their beloved nation and to those who 

12  continue to be missing in action; and

13               "WHEREAS, The freedoms and 

14  security we cherish as Americans come at a 

15  very high price for those serving in the 

16  military in times of conflict.  It is fitting 

17  and proper that we who are the beneficiaries 

18  of those who risk their lives, leaving their 

19  families behind, express our appreciation and 

20  eternal gratitude for their sacrifices and  

21  courageous acts; now, therefore, be it

22               "RESOLVED, That this Legislative 

23  Body pause in its deliberations to mourn the 

24  untimely death of Sergeant William R. Wilson 

25  III of Getzville, New York, and to pay tribute 

                                                               1754

 1  to his courageous actions as a member of the 

 2  United States Army; and be it further 

 3               "RESOLVED, That a copy of this 

 4  resolution, suitably engrossed, be transmitted to 

 5  the family of Sergeant William R. Wilson III."

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Ranzenhofer.

 8               SENATOR RANZENHOFER:   Thank you, 

 9  Mr. President.

10               I'd like to express our gratitude 

11  to Staff Sergeant William Wilson for his service 

12  and courage that he displayed in service to our 

13  country.  I'd also like to express our 

14  condolences to Kimberly and William Wilson, his 

15  parents, and their family and friends.  

16               Sergeant Wilson was a graduate of 

17  Williamsville North High School, he graduated in 

18  2003.  As a matter of fact, he was a classmate of 

19  my son's, who graduated that same year.  

20               He was doing his job, serving his 

21  country.  He was killed while serving his 

22  country.  He made the ultimate sacrifice to keep 

23  us safe in New York and in the United States.

24               I'd also like to thank the Governor 

25  for directing that flags be lowered to half-mast 

                                                               1755

 1  on Monday for Sergeant Wilson and for others who 

 2  have served and been killed while in combat and 

 3  while serving their country.  

 4               And again, I'd like to express our 

 5  gratitude and our thanks for his courage, for his 

 6  service to our country, and express our very, 

 7  very deep sorrow and condolences to his parents, 

 8  his family and friends.  

 9               Thank you, Mr. President.

10               ACTING PRESIDENT GRIFFO:   Thank 

11  you, Senator Ranzenhofer.

12               I ask all to remain silent for a 

13  moment of reflection in honor of Sergeant William 

14  R. Wilson.  Please rise.

15               (Whereupon, the assemblage rose and 

16  respected a moment of silence.)

17               ACTING PRESIDENT GRIFFO:   On the 

18  resolution, all in favor signify by saying aye.

19               (Response of "Aye.")

20               ACTING PRESIDENT GRIFFO:    

21  Opposed?  

22               (No response.)

23               ACTING PRESIDENT GRIFFO:   The 

24  resolution is adopted.

25               Senator Libous.

                                                               1756

 1               SENATOR LIBOUS:   Mr. President, I 

 2  believe that Senator Ranzenhofer would open the 

 3  resolution up for cosponsorship to all members.  

 4  If there's any member wishing not to be on the 

 5  resolution, please let the desk know.

 6               ACTING PRESIDENT GRIFFO:   So 

 7  ordered.

 8               Senator Libous.  

 9               SENATOR LIBOUS:   Mr. President, 

10  there's a resolution by Senator Ball at the 

11  desk.  Could you have its title read and move for 

12  its immediate adoption.

13               ACTING PRESIDENT GRIFFO:   The 

14  Secretary will read.

15               THE SECRETARY:   Legislative 

16  Resolution Number 3915, by Senator Ball, 

17  commemorating the observance of Welcome Home 

18  Vietnam Veterans Day on March 30, 2012.

19               ACTING PRESIDENT GRIFFO:   All in 

20  favor of the resolution signify by saying aye.

21               (Response of "Aye.")

22               ACTING PRESIDENT GRIFFO:    

23  Opposed?  

24               (No response.)

25               ACTING PRESIDENT GRIFFO:   The 

                                                               1757

 1  resolution is adopted.

 2               Senator Libous.  

 3               SENATOR LIBOUS:   Mr. President, 

 4  there's a resolution at the desk, Number 3869, by 

 5  Senator Diaz.  Can we please have it read in its 

 6  entirety and move for its immediate adoption.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  Secretary will read.

 9               THE SECRETARY:   Legislative 

10  Resolution Number 3869, by Senator Diaz, 

11  celebrating Bangladesh Day.

12               "WHEREAS, March 26th is the 

13  national independence day of Bangladesh.  This 

14  day is celebrated in Bangladesh and also all 

15  around the world in honor of its country's 

16  declaration of independence from Pakistan in the 

17  late hours of March 25, 1971, and the start of 

18  the Bangladesh Liberation War; and

19               "WHEREAS, This day is also a 

20  memorial to the deaths of thousands of students,  

21  civilians, political leaders, and unarmed Bengali 

22  people.  The Bangladesh Liberation War started 

23  between West and East Pakistan; and

24               "WHEREAS, West Pakistan believed 

25  they were far superior to those in East 

                                                               1758

 1  Pakistan.  They gave East Pakistan no 

 2  privileges.  They had a bad economy, and no 

 3  rights; and

 4               "WHEREAS, The first election in the 

 5  history of Pakistan was held on December 7, 

 6  1970.  There were 300 seats in the parliament; 

 7  east Pakistan won 160 seats and West Pakistan won 

 8  81 seats.  Instead of handing over the power to 

 9  the winning party, they imposed  martial law on 

10  East Pakistan; and

11               "WHEREAS, East Pakistani leader 

12  Mr. Sheikh Mujibur Rahman urged the Bengali  

13  people to turn their homes into resisting forts.  

14  He said, "Our struggle is for our freedom.  Our 

15  struggle is for our independence."  This speech 

16  is what mainly inspired the nation to fight for 

17  freedom; and

18               "WHEREAS, The West Pakistani army 

19  sent a military plan known as Operation 

20  Searchlight.  It was planned to curb the 

21  Bengali's movement by taking control of major 

22  cities and eliminating all opposition, political 

23  or military; and

24               "WHEREAS, At this point, March 26, 

25  1971, the Bangladesh Liberation War had broken 

                                                               1759

 1  out in the whole country.  This was the day the 

 2  Bengali people stood up to the Pakistani Army; 

 3  and

 4               "WHEREAS, After a nine-month-long 

 5  war, the Pakistani army finally surrendered  

 6  unconditionally.  Many lives were lost, but 

 7  Bangladesh, as a country, gained its freedom, its 

 8  independence; now, therefore, be it

 9               "RESOLVED, That this Legislative 

10  Body pause in its deliberations to celebrate 

11  Bangladesh Independence Day."

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Diaz.

14               SENATOR DIAZ:   Thank you, 

15  Mr. President.

16               Good morning, ladies and 

17  gentlemen.  I would like to start by thanking 

18  Senator Skelos and Senator Libous for granting me 

19  the opportunity and the honor of being the 

20  sponsor of this resolution today.

21               Mr. President and ladies and 

22  gentlemen, today I'm proud, I am a proud 

23  Puerto Rican and I am the proud sponsor of this 

24  legislative resolution celebrating Bangladesh Day 

25  for the first time here in this chamber, in this 

                                                               1760

 1  honorable body.  This is the first time that 

 2  we're doing this and honoring the people of 

 3  Bangladesh, and I feel very proud, very honored 

 4  to be chosen to do this.

 5               Mr. President and ladies and 

 6  gentlemen, as you just heard, March 26th is the 

 7  national independence day of Bangladesh.  This 

 8  day is celebrated in Bangladesh and also around 

 9  the world in honor of its country's declaration 

10  of independence from Pakistan in the last hours 

11  of March 25, 1971, and the start of the 

12  Bangladesh Liberation War.

13               Today we commemorate and remember 

14  the thousands of people who lost their lives in 

15  this war.  The first election in the history of 

16  Pakistan was held on December 7, 1970.  And I'm 

17  forced to say that December 7, ladies and 

18  gentlemen, is a very memorable day for my family 

19  because that was the day that we lost our mother, 

20  December 7, 1954.  On December 7th also we know 

21  what happened in America.

22               So on December 7th, Pakistan held 

23  their election, and there were 300 seats in the 

24  parliament.  East Pakistan won 160 seats, and 

25  West Pakistan, as you said before, won 81 seats.  

                                                               1761

 1  But instead of handing over the power to the 

 2  winning party, they imposed martial law on 

 3  East Pakistan.

 4               The leader of East Pakistan, 

 5  Mr. Sheikh Mujibur Rahman, urged the Bengali 

 6  people to turn their homes into resisting forts.  

 7  He inspired the nation to fight for freedom with 

 8  the following words, and you said it before:  

 9  "Our struggle is for our freedom.  Our struggle 

10  is for our independence."

11               Today I'm honored.  In closing, I 

12  want to acknowledge the leaders from the 

13  Bangladesh community that came all the way from 

14  New York City.  We have here in the Senate 

15  chambers Mr. Zakir Khan.  We have Mr. Mohbub 

16  Alom.  We have with us Mrs. Tanmina Chowdhury.  

17  We have Imam Ohi Chowdhury, who gave us the 

18  invocation.  We also have Mohammed Goffer 

19  Chowdhury and Giash Uddin.  And my lawyer, Luis 

20  Sepulveda.  

21               And here, over there in the 

22  gallery, we have members of the Bangladesh 

23  community that are honoring us today.  Thank you 

24  for being here.  

25               It's a pleasure for me to introduce 

                                                               1762

 1  this resolution for the first time here in this 

 2  body, and I hope that every year from now on we 

 3  continue doing this.  Thank you for allowing me.  

 4               And thank you, Mr. Giash Uddin, 

 5  because you gave me my first donation in 1972 to 

 6  become an elected official.  Thank you.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Diaz.  

 9               All in favor of the resolution 

10  signify by saying aye.

11               (Response of "Aye.")

12               ACTING PRESIDENT GRIFFO:    

13  Opposed?  

14               (No response.)

15               ACTING PRESIDENT GRIFFO:   The 

16  resolution is adopted.

17               Senator Libous, I may note that 

18  Senator Ball has also offered up his resolution 

19  for cosponsorship.  If you choose not to be a 

20  cosponsor, notify the desk.

21               Senator Libous.

22               SENATOR LIBOUS:   Thank you, 

23  Mr. President.  

24               I believe there's a resolution by 

25  Senator Huntley, 3518, at the desk.  Could we 

                                                               1763

 1  have the resolution read and call on Senator 

 2  Huntley.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Secretary will read.

 5               THE SECRETARY:   Legislative 

 6  Resolution Number 3518, by Senator Huntley, 

 7  honoring Shirley N. Moore posthumously upon the 

 8  occasion of the co-naming of a section of 

 9  150th Street between Rockaway Boulevard and 

10  North Conduit Boulevard in Queens, New York, in 

11  her honor on March 7, 2012.

12               "WHEREAS, It is the custom of this 

13  Legislative Body to pay tribute to citizens of 

14  the State of New York whose lifework and civic 

15  endeavor served to enhance the quality of life in 

16  their communities and the great State of 

17  New York; and

18               "WHEREAS, On Wednesday, March 7, 

19  2012, a section of 150th Street between 

20  Rockaway Boulevard and North Conduit in Queens, 

21  New York,  will be co-named in Shirley Moore's 

22  honor, a fitting tribute to her memory; and

23               "WHEREAS, Founding member of the 

24  Southeast Queens Community Corporation, formerly  

25  known as the chairperson of Community Board 12, 

                                                               1764

 1  and founding member of the Southern Queens Park 

 2  Association, Shirley Moore passed away on 

 3  September 8, 1997, at the age of 72; and

 4               "WHEREAS, Born on July 14, 1925, 

 5  Shirley Moore was one of five siblings, the 

 6  mother of two children, Susan Lina Moore-Jones  

 7  and Wayne Barnes, and was the wife of Mr. Lee 

 8  Moore for 52 years; in addition, she was a 

 9  grandmother of five and great-grandmother of 11; 

10  and

11               "WHEREAS, A community activist, 

12  Shirley Moore played the part of a strong and 

13  determined woman with the ability to make change 

14  and the power to infect her community.  An 

15  ever-positive figure in her children's lives, 

16  Shirley Moore lead by example.  Her children 

17  reaped the benefits, as she was an involved 

18  parent; and

19               "WHEREAS, Shirley Moore sat on the 

20  board of her children's school as an active PTA 

21  member.  She became a den mother to the Boy and 

22  Girl Scouts of her children's chapters, and also  

23  sat as a member of the vestry for both 

24  St. Margaret's and St. Stephens Church, teaching 

25  Sunday school at both; and

                                                               1765

 1               "WHEREAS, Fortunately, Shirley 

 2  Moore was an advocate for all children, and as a 

 3  result she worked toward making sure that the 

 4  community recognized the need to facilitate 

 5  programs in response to its youth.  She also 

 6  served on the board of the New York City Parks 

 7  Department to ensure that the youth in her 

 8  community were not left behind; and

 9               "WHEREAS, Shirley Moore established 

10  herself over her long career as a staunch 

11  community volunteer and activist.  She was  

12  affiliated with quality organizations such as the 

13  Guy R. Brewer United Club, the NAACP of Jamaica, 

14  the Board of Directors at the Jamaica Chamber of 

15  Commerce and the Advisory Board at York College, 

16  to name a few; and

17               "WHEREAS, A true asset to society, 

18  she believed wholeheartedly that she could make a 

19  difference throughout her 35 years of 

20  volunteering; and

21               "WHEREAS, Rare indeed is the 

22  impressive dedication shown by an individual for 

23  the benefit of others which Shirley Moore 

24  displayed throughout her life; now, therefore, be 

25  it

                                                               1766

 1               "RESOLVED, That this Legislative 

 2  Body pause in its deliberations to honor Shirley 

 3  N. Moore posthumously upon the occasion of the  

 4  co-naming of a section of 150th Street between 

 5  Rockaway Boulevard and North Conduit in Queens, 

 6  New York, in her honor; and be it further

 7               "RESOLVED, That a copy of this  

 8  Resolution, suitably engrossed, be transmitted to 

 9  the family of Shirley N. Moore."

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Huntley.

12               SENATOR HUNTLEY:   Yes, thank you, 

13  Mr. President.

14               Shirley N. Moore was my very, very 

15  good friend for 45 years.  We volunteered in all 

16  aspects of community.  She was not selfish.  She 

17  spent a lot of time away from home, helping other 

18  people, as I did.  We loved each other because we 

19  knew, we knew we could make a difference.

20               Our children grew up together.  In 

21  fact, today her daughter Susan and her 

22  granddaughter Nadine are with me today.

23               I'm going to tell you one thing 

24  that was not in this that's very funny.  Shirley 

25  and I started the Christmas parties for the women 

                                                               1767

 1  in Rikers Island.  Every year we would go around 

 2  to the different department stores and collect 

 3  toys and toiletries and clothing, and we would go 

 4  up to Rikers Island to have the Christmas party 

 5  for the women with their children.  We even 

 6  decorated the tree.  We dragged the tree up there 

 7  also.

 8               One Christmas party we're having a 

 9  great time, everyone is laughing with the kids, 

10  and we're talking to the women -- because 

11  basically, what we did, we counseled the women to 

12  try to show them how to stay out of prison.  As 

13  we're doing this, we heard this bell and all of a 

14  sudden someone screamed, "It's lockdown."  

15               And I looked at Shirley and she 

16  looked at me, and she says, "What does that 

17  mean?"  I says, "I don't know."  We went to the 

18  gate, and the guard said to us, "Sorry, ladies, 

19  you can't come out now."  

20               So I said, "How long will we be 

21  here?"  So Shirley says, "Oh, I've got to go 

22  home.  Lee will" -- her husband -- "Lee will 

23  think I'm totally crazy."  I said, "Herb will 

24  kill me.  We're locked up in Rikers Island with a 

25  Christmas party on lockdown."  

                                                               1768

 1               We were there nine hours, and what 

 2  a time.  

 3               So Shirley was that kind of 

 4  person.  She just took chances as long as she was 

 5  helping people.  

 6               And I miss her because there are 

 7  not many Shirley Moores.  And she certainly 

 8  deserves the name of this street.  In fact, it 

 9  should have been done a long time ago.  

10               And I just want to tell her 

11  daughter and her granddaughter that I still think 

12  about her all the time.  And when I pass Southern 

13  Queens Park, where she started the park garden, I 

14  think about her and think how great the garden is 

15  now.  

16               Thank you.

17               ACTING PRESIDENT GRIFFO:   Thank 

18  you, Senator Huntley.

19               Senator Stavisky.

20               SENATOR STAVISKY:   Thank you, 

21  Mr. President.  

22               I too have great memories of 

23  Shirley Moore.  And you notice that Senator 

24  Huntley and I are smiling, because we knew the 

25  real Shirley Moore.  

                                                               1769

 1               I met Shirley in 1980.  We were 

 2  both working for the Bureau of the Census.  

 3  Shirley was the assistant district manager in 

 4  South Queens, and I was the district manager of 

 5  Northeast Queens.  And I came in, I was appointed 

 6  to lead the census midway through the count.  So 

 7  we would meet for lunch every month, every three 

 8  weeks with the other district managers.  And 

 9  Shirley sort of took me under her wing.  

10               And I've got to tell you, it was 

11  just a lot of fun working with Shirley Moore.  

12  She conveyed a community spirit, a depth of 

13  understanding, a sense of compassion for others.  

14  And I used to see her at -- not often, but at 

15  lunches, at the women's lunches.  And we just 

16  recalled the great memories that we have.  

17               And to her daughter and to her 

18  granddaughter, I tell you that we all have great 

19  memories, and that's the way we all want to 

20  remember Shirley Moore.

21               Thank you, Mr. President.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Smith.

24               SENATOR SMITH:   Thank you very 

25  much, Mr. President.

                                                               1770

 1               And let me congratulate my 

 2  colleague Senator Huntley for this resolution.

 3               There are certain people in 

 4  politics that you admire, there are certain 

 5  people that you respect.  From time to time you 

 6  fear them.  Shirley Moore was somebody you 

 7  feared.  

 8               While we respected her and while we 

 9  honor her, fearing her wasn't because she was a 

10  violent individual, fearing her was because 

11  whenever she stood for a cause, you'd better be 

12  clear about the fact if you were going to be on 

13  the opposite side.  She would rally hundreds of 

14  people for a particular cause.  

15               And she was someone who wouldn't 

16  hesitate to grab you by the ear -- and I mean 

17  that literally, as her daughter is over there 

18  laughing.  I'm sure you felt that ear every now 

19  and then.  

20               But she was loved and still is 

21  loved by all of us, and I think it is very 

22  fitting that we are naming a street section after 

23  her.  And I am honored to be on the floor this 

24  day to support and second the passage of this 

25  resolution by my good friend and colleague 

                                                               1771

 1  Senator Shirley Huntley.  

 2               Thank you very much, Senator.  

 3               ACTING PRESIDENT GRIFFO:   The 

 4  question is on the resolution.  All in favor 

 5  signify by saying aye.

 6               (Response of "Aye.")

 7               ACTING PRESIDENT GRIFFO:    

 8  Opposed?  

 9               (No response.)

10               ACTING PRESIDENT GRIFFO:   The 

11  resolution is adopted.

12               Senator Libous.

13               SENATOR LIBOUS:   Thank you, 

14  Mr. President.

15               Mr. President, I believe there's 

16  another resolution by Senator Huntley, 3519.  And 

17  if you would just read its title only and then 

18  move for its immediate adoption.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               THE SECRETARY:   Legislative 

22  Resolution Number 3519, by Senator Huntley, 

23  celebrating the life and mourning the passing of 

24  Tuskegee Airman William Alexander Samber, Sr. 

25               ACTING PRESIDENT GRIFFO:   All in 

                                                               1772

 1  favor of the resolution signify by saying aye.

 2               (Response of "Aye.")

 3               ACTING PRESIDENT GRIFFO:   

 4  Opposed?  

 5               (No response.)

 6               ACTING PRESIDENT GRIFFO:   The 

 7  resolution is adopted.

 8               Senator Libous.

 9               SENATOR LIBOUS:   Mr. President 

10  could we now adopt the Resolution Calendar.  

11  We're going a little backwards.  Could we adopt 

12  the overall Resolution Calendar at this time.

13               ACTING PRESIDENT GRIFFO:   The 

14  Resolution Calendar is before the house.  All in 

15  favor of adopting the Resolution Calendar signify 

16  by saying aye.

17               (Response of "Aye.")

18               ACTING PRESIDENT GRIFFO:   

19  Opposed?  

20               (No response.)

21               ACTING PRESIDENT GRIFFO:   The 

22  Resolution Calendar is adopted.

23               Senator Libous.

24               SENATOR LIBOUS:   Thank you, 

25  Mr. President.  

                                                               1773

 1               At this time could we have the 

 2  noncontroversial reading of the calendar that is 

 3  before us.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  Secretary will read.

 6               THE SECRETARY:   Calendar Number 

 7  478, by the Committee on Rules, Senate Print 

 8  6830, an act to amend the Education Law.

 9               SENATOR BRESLIN:   Lay it aside.

10               ACTING PRESIDENT GRIFFO:   Lay the 

11  bill aside.

12               THE SECRETARY:   On page 23, 

13  Senator DeFrancisco moves to discharge, from the 

14  Committee on Finance, Assembly Bill Number 9050D 

15  and substitute it for the identical Senate Bill 

16  Number 6250D, Third Reading Calendar 480.

17               ACTING PRESIDENT GRIFFO:    

18  Substitution so ordered.

19               The Secretary will read.

20               THE SECRETARY:   Calendar Number 

21  480, Budget Bill, Assembly Print Number 9050D --

22               SENATOR BRESLIN:   Lay it aside.

23               ACTING PRESIDENT GRIFFO:   Lay the 

24  bill aside.

25               THE SECRETARY:   Calendar Number 

                                                               1774

 1  481, Senate Budget Bill, Senate Print 6251B, 

 2  LEGISLATURE AND JUDICIAL BUDGET.

 3               SENATOR BRESLIN:   Lay it aside.

 4               ACTING PRESIDENT GRIFFO:   Lay the 

 5  bill aside.

 6               THE SECRETARY:   Calendar Number 

 7  482, Budget Bill, Senate Print 6253E -- 

 8               SENATOR BRESLIN:   Lay it aside.

 9               ACTING PRESIDENT GRIFFO:   Lay it 

10  aside.

11               THE SECRETARY:   Calendar Number 

12  483, Budget Bill, Senate Print 6254D, CAPITAL 

13  PROJECTS BUDGET.

14               SENATOR BRESLIN:   Lay it aside.

15               ACTING PRESIDENT GRIFFO:   Lay it 

16  aside.

17               THE SECRETARY:   Calendar Number 

18  484, Budget Bill, Senate Print 6256D, an act to 

19  amend the Public Health Law.

20               SENATOR BRESLIN:   Lay it aside.

21               ACTING PRESIDENT GRIFFO:   Lay it 

22  aside.

23               THE SECRETARY:   Calendar Number 

24  485, Budget Bill, Senate Print 6257E, an act in 

25  relation in school district eligibility.

                                                               1775

 1               SENATOR BRESLIN:   Lay it aside.

 2               ACTING PRESIDENT GRIFFO:   Lay the 

 3  bill aside.

 4               THE SECRETARY:   Calendar Number 

 5  486, Budget Bill, Senate Print 6259D, an act to 

 6  amend Chapter 540 of the Laws of 1992.

 7               SENATOR BRESLIN:   Lay it aside.

 8               ACTING PRESIDENT GRIFFO:   Lay it 

 9  aside.

10               Senator Libous, that completes the 

11  noncontroversial reading of the calendar.

12               SENATOR LIBOUS:   Mr. President, 

13  we'll have the controversial reading.  But what I 

14  would like to do is take up Calendar Number 

15  480 first.

16               ACTING PRESIDENT GRIFFO:   So 

17  noted.  The Secretary will ring the bell.

18               The Secretary will read Calendar 

19  Number 480.

20               THE SECRETARY:   Calendar Number 

21  480, substituted earlier today, Budget Bill, 

22  Assembly Print 9050D, STATE OPERATIONS BUDGET.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Krueger.

25               SENATOR KRUEGER:   Thank you, 

                                                               1776

 1  Mr. President.  If the sponsor could please 

 2  yield.

 3               SENATOR DeFRANCISCO:   Yes.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  sponsor yields.

 6               SENATOR KRUEGER:   Thank you very 

 7  much.

 8               To start us off, do we have on our 

 9  desks the report prepared by the Senate to 

10  include for the General Fund a summary of 

11  proposed legislative revisions to the Executive 

12  Budget for the ensuing fiscal year, separately 

13  identifying and presenting all legislative 

14  additions, reestimates and other revisions that 

15  increase or decrease disbursements and separately 

16  identify and present all legislative reestimates 

17  and other revisions that increase or decrease 

18  available resources?  

19               The Legislative Law Section 54 

20  requires this and includes that, where 

21  practicable, it display and separately identify 

22  all legislative additions, reestimates and other 

23  revisions that increase or decrease state funds 

24  and All Funds spending, including an estimate of 

25  the impact of the proposed revisions on local 

                                                               1777

 1  governments and the state workforce.

 2               SENATOR DeFRANCISCO:   It is not 

 3  presently on the desks, but I understand it's on 

 4  its way.  And I think it basically summarizes 

 5  what's been out in the public for the last at 

 6  least three days on each of the bills here.  But 

 7  they're making copies right now.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Krueger.

10               SENATOR KRUEGER:   I will happily 

11  revisit that question when that report is made 

12  available and on our desks.  So I appreciate the 

13  sponsor's answer to the question.

14               Excuse me one second while I just 

15  jump to the actual bill for now, since we aren't 

16  going to deal with the report right this second.

17               My understanding is that -- excuse 

18  me, Mr. President.  Through you, if the sponsor 

19  would yield.

20               ACTING PRESIDENT GRIFFO:   The 

21  sponsor yields.

22               SENATOR KRUEGER:   Thank you.

23               So my understanding is that there 

24  is a difference in the original interchange 

25  language and transfer language that was in the 

                                                               1778

 1  Governor's proposed state operations bill and the 

 2  language that we see before us today.  

 3               And specifically, in the Office of 

 4  Aging the interchange language is included under 

 5  several federal programs, such as the federal 

 6  human services fund, the federal operating 

 7  grants.  

 8               Why is the appropriation language 

 9  necessary in federal program appropriations?  And 

10  can we find the appropriation language in other 

11  state agencies that receive federal funds for 

12  state ops?

13               SENATOR DeFRANCISCO:   The reason 

14  it's in the appropriation language is because we 

15  are going to appropriate the funds and spend 

16  those funds from the federal government.  And to 

17  spend, you have to appropriate.

18               SENATOR KRUEGER:   Mr. President, 

19  if through you the sponsor would continue to 

20  yield.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR KRUEGER:   Thank you.

24               Again, I think I'm really asking 

25  about the new powers to interchange language 

                                                               1779

 1  after the budget is passed vis-a-vis certain 

 2  programs with federal funds.  So do we know how 

 3  many different federal programs throughout the 

 4  budget have this interchange language where we 

 5  would be applying a new set of standards to the 

 6  use of federal money?

 7               SENATOR DeFRANCISCO:   That would 

 8  be true for all state appropriations.

 9               SENATOR KRUEGER:   Thank you, 

10  Mr. President.

11               If the sponsor could continue to 

12  yield.

13               SENATOR DeFRANCISCO:   Yes.

14               ACTING PRESIDENT GRIFFO:   The 

15  sponsor yields.

16               SENATOR KRUEGER:   Thank you.

17               Can the sponsor share with me what 

18  the total level of appropriations is in the State 

19  Operations Budget bill?

20               SENATOR DeFRANCISCO:   I can look 

21  it up.  I can tell you the total amount of 

22  spending is $132.6 billion.  I hadn't really 

23  broken it down between each of the budget bills, 

24  but I'm sure I could find it for you.

25               SENATOR KRUEGER:   Through you, 

                                                               1780

 1  Mr. President, if the sponsor would continue to 

 2  yield.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  sponsor yields.

 5               SENATOR KRUEGER:   Could the 

 6  sponsor tell me, in the State Ops bill is the 

 7  appropriations level above or below what the 

 8  Governor originally proposed?

 9               SENATOR DeFRANCISCO:   It is 

10  slightly above.

11               SENATOR KRUEGER:   If the sponsor 

12  would continue to yield, Mr. President.

13               ACTING PRESIDENT GRIFFO:   The 

14  sponsor yields.

15               SENATOR DeFRANCISCO:   Yes.

16               SENATOR KRUEGER:   Thank you.

17               Is there any federal ARRA funding 

18  authorized in this bill?  

19               SENATOR DeFRANCISCO:   I'm sorry, 

20  what was that?  

21               SENATOR KRUEGER:   Is there any 

22  federal ARRA funding authorized or reauthorized 

23  in this bill?  

24               SENATOR DeFRANCISCO:   Yes.

25               SENATOR KRUEGER:   Through you, 

                                                               1781

 1  Mr. President, could the sponsor tell me what 

 2  amounts and for what purposes?

 3               SENATOR DeFRANCISCO:    

 4  Approximately $20 billion of previous 

 5  appropriations.

 6               SENATOR KRUEGER:   Through you, 

 7  Mr. President, if the sponsor would continue to 

 8  yield.

 9               SENATOR DeFRANCISCO:   Yes.

10               ACTING PRESIDENT GRIFFO:   The 

11  sponsor yields.

12               SENATOR KRUEGER:   Twenty billion 

13  in previous -- I'm sorry, $20 billion or 

14  $20 million? I'm not sure I heard him correctly.

15               SENATOR DeFRANCISCO:   Twenty 

16  billion of reappropriations.

17               SENATOR KRUEGER:   Mr. President, 

18  if through you the sponsor would continue to 

19  yield.

20               SENATOR DeFRANCISCO:   Yes.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR KRUEGER:   Thank you.

24               That's all within the State 

25  Operations bill?

                                                               1782

 1               SENATOR DeFRANCISCO:   No, it's in 

 2  that bill plus the Aid to Localities bill.  I 

 3  haven't broken down the actual amounts as far as 

 4  each of the respective bills.

 5               SENATOR KRUEGER:   Thank you.

 6               Mr. President, if through you the 

 7  sponsor would continue to yield.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  sponsor yields.

10               SENATOR DeFRANCISCO:   Yes.

11               SENATOR KRUEGER:   Thank you.  

12               I certainly want to give the 

13  sponsor leeway in my questions because I agree, 

14  any number of these questions I have, the 

15  answers are actually spread across several state 

16  budget bills, and I do understand that.

17               So in a variety of bills, state 

18  debt is increased in this full budget.  Can the 

19  sponsor tell me how much state debt for 2012-2013 

20  there is and how much that is over what we took 

21  on as new state debt in the last budget year?

22               SENATOR DeFRANCISCO:   We are 

23  living within the debt cap for state debt, and 

24  there was a slight increase in the MTA 

25  authority's debt.  But we're still living within 

                                                               1783

 1  the debt cap of the state operations.

 2               SENATOR KRUEGER:   Through you, 

 3  Mr. President, if the sponsor would continue to 

 4  yield.

 5               SENATOR DeFRANCISCO:   Yes.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  sponsor yields.

 8               SENATOR KRUEGER:   I'm assuming we 

 9  are within the state debt cap because we would 

10  have a big problem if we were passing bills today 

11  that went higher than the state debt cap.  

12               But again, my question is, how much 

13  state debt are we taking on this year?  I guess I 

14  will edit that by how close are we to the cap, 

15  and how much higher is the debt we are taking on 

16  this year than last year?  

17               So it's three questions, 

18  Mr. President.

19               SENATOR DeFRANCISCO:   There's a 

20  $1.2 billion increase, and we're $1.2 billion 

21  away from the cap.

22               SENATOR KRUEGER:   I appreciate the 

23  sponsor's answer.  Thank you, Mr. President.

24               To continue to another section or a 

25  section of the bill, the State Operations Budget 

                                                               1784

 1  includes an additional $1.275 million for the 

 2  Department of Environmental Conservation, and 

 3  $775,000 is appropriated to expenses relating to 

 4  the Invasive Species Program.  

 5               Can the sponsor help me understand 

 6  what that money is to be used for and how it will 

 7  be allocated?  

 8               SENATOR DeFRANCISCO:   I'm being 

 9  informed that the dollars for invasive species is 

10  dollars throughout the state.  They could be in 

11  the Finger Lakes, they could be in Lake George, 

12  they could be anywhere where invasive species are 

13  a problem.  And that's what those dollars were 

14  allocated for.

15               SENATOR KRUEGER:   Through you, 

16  Mr. President, if the sponsor would continue to 

17  yield.

18               SENATOR DeFRANCISCO:   Actually 

19  it's the eradication of invasive species.  We're 

20  not trying to create them.

21               SENATOR KRUEGER:   I agree.  I'm 

22  delighted we're not trying to create more 

23  invasive species.  We have enough already.

24               My understanding is this will 

25  actually be distributed, as the sponsor said, 

                                                               1785

 1  through a variety of programs around the state.  

 2  So my question is why isn't this in the Aid to 

 3  Localities Budget?  Is this not itemized for 

 4  specific localities to deal with individual 

 5  invasive species problems they are having?

 6               SENATOR DeFRANCISCO:   The monies 

 7  are being taken out of the dedicated Conservation 

 8  Fund, and there was some issues as to when 

 9  different parts of the budget were concluded and 

10  when they were closed and when the bills were 

11  printed.  And as well when the eradication has to 

12  take place, which is in early spring.

13               SENATOR KRUEGER:   Thank you, 

14  Mr. President.  If the sponsor would continue to 

15  yield.

16               SENATOR DeFRANCISCO:   Yes.

17               ACTING PRESIDENT GRIFFO:   The 

18  sponsor yields.

19               SENATOR KRUEGER:   Thank you.

20               The Executive Budget proposed to 

21  decrease $968,550,000 to the General Fund in 

22  spending for SUNY state-operated colleges by 

23  transferring this amount to the general offset 

24  account.  Is this transfer still included as part 

25  of the agreed-upon budget before us today?

                                                               1786

 1               SENATOR DeFRANCISCO:   Yes.

 2               SENATOR KRUEGER:   Thank you.

 3               Through you, Mr. President, if the 

 4  sponsor would continue to yield.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  sponsor yields.

 7               SENATOR KRUEGER:   Thank you.

 8               So can the sponsor help explain to 

 9  me what the fiscal impact of the transfer of 

10  HESC, Higher Education Service Corporation debt 

11  collection functions to the Department of Tax and 

12  Finance will mean for us in the coming year?  How 

13  many positions will be transferred, and will 

14  there be a change of revenue in this program?

15               SENATOR DeFRANCISCO:   There is no 

16  money attached to it, and there's therefore no 

17  fiscal impact.

18               SENATOR KRUEGER:   Through you, 

19  Mr. President, if the sponsor would continue to 

20  yield.

21               ACTING PRESIDENT GRIFFO:   The 

22  sponsor yields.

23               SENATOR KRUEGER:   Thank you.

24               In the original Executive Budget 

25  the Governor had a line item for a Tenant 

                                                               1787

 1  Protection Unit within the Department of Housing 

 2  and Community -- DHCR.  I'm sorry, I'm blanking 

 3  on the "R."  I don't believe that is in the final 

 4  budget.  Can the sponsor explain to me why that 

 5  was rejected or why that's no longer in the 

 6  budget?

 7               SENATOR DeFRANCISCO:   Yes.  First 

 8  of all, the New York City government did not want 

 9  that program.  Number two, the Legislature -- or 

10  at least the final budget did not appropriate any 

11  funds for that function.  

12               However, the Governor has indicated 

13  that out of existing funds he was going to make 

14  certain that that organization was funded.  And 

15  in fact I think an executive director has been 

16  hired, a deputy executive director has been 

17  hired, and the program is actually beginning, and 

18  the Governor is finding the funds from a 

19  different source rather than allocating 

20  additional funds for that purpose.

21               SENATOR KRUEGER:   Through you, 

22  Mr. President, on the bill.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Krueger on the bill.

25               SENATOR KRUEGER:   Thank you.  I 

                                                               1788

 1  want to thank my colleague Senator DeFrancisco 

 2  for the answers to the questions of what will no 

 3  doubt become a long day of questions in order to 

 4  ensure that everyone in the Senate has an 

 5  opportunity to ask clarifications and go on the 

 6  record with the concerns they may have or the 

 7  happy news they may find in the budget.

 8               This bill, when I look at it, 

 9  rejects HESC moving functions of college debt 

10  collection to the Department of Taxation and 

11  Finance; rejects the merger from the original 

12  Governor's proposal of the Department of Civil 

13  Service and the Office of Employee Relations into 

14  a new workforce management department; creates 

15  the Office of new Americans in the Department of 

16  State, with funding for it; includes additional 

17  spending authority to CUNY and SUNY; increases by 

18  $1.25 million the Department of Environmental 

19  Conservation's Invasive Species Program and 

20  another half a million for related fish stocking 

21  and game farm operations; and maintains the 11 

22  Department of Transportation regional offices.

23               Many people in this chamber today 

24  on both sides of the aisle, I think, are pleased 

25  to see these changes compared to the Governor's 

                                                               1789

 1  original proposed budget.

 2               I am only mildly disturbed that the 

 3  specific funding line for the Tenant Protection 

 4  Unit in DHCR has been removed, because I actually 

 5  agree with the sponsor that the state is 

 6  committed to making sure that this program is 

 7  fully running and operational without trying to 

 8  bill a cost to the City of New York.  

 9               Just for the record, I don't think 

10  the City of New York is opposed to this important 

11  unit, I think they were opposed to being sent the 

12  bill for this important unit.

13               I think that some of my other 

14  colleagues may have additional questions for the 

15  sponsor on the bill.  Thank you, Mr. President.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Stavisky.

18               SENATOR STAVISKY:   Thank you, 

19  Mr. President.  If Senator DeFrancisco would 

20  yield for some questions.

21               SENATOR DeFRANCISCO:   Yes.

22               SENATOR STAVISKY:   The Executive 

23  Budget proposed a decrease of $968 million in the 

24  General Fund for the SUNY state-operated colleges 

25  by transferring this amount into the General 

                                                               1790

 1  Fund, the general offset account.  Was this 

 2  transfer part of the agreement between the -- 

 3  both houses and the Governor?  

 4               I'm sorry, I withdraw that 

 5  question.  I withdraw the question.

 6               SENATOR DeFRANCISCO:   Okay.

 7               SENATOR STAVISKY:   My mistake.

 8               The Senate proposed to correct an 

 9  error made last year by eliminating the gradual 

10  tuition revenue increase approved by the 

11  Legislature, the rational tuition, in 2009.  This 

12  would have provided support for CUNY in the 

13  amount of $11 million and SUNY in the amount of 

14  $16.5 million.  

15               Is this included in the bill before 

16  us today?

17               SENATOR DeFRANCISCO:   It is not 

18  included in this bill.  The fix you're talking 

19  about is not part of this bill.  And in fact it's 

20  not part of any subsequent bill either.

21               SENATOR STAVISKY:   It's not in any 

22  chapter amendment?

23               SENATOR DeFRANCISCO:   It is not.

24               SENATOR STAVISKY:   Will the 

25  Senator yield for another question?  

                                                               1791

 1               SENATOR DeFRANCISCO:   Yes.

 2               ACTING PRESIDENT GRIFFO:   The 

 3  sponsor yields.

 4               SENATOR STAVISKY:   There is a 

 5  $28 million restoration for the SUNY hospitals in 

 6  this bill before us.  How is that $28 million 

 7  going to be appropriated?

 8               SENATOR DeFRANCISCO:   How is it 

 9  going to be distributed?  

10               SENATOR STAVISKY:   Distributed,  

11  yeah.

12               SENATOR DeFRANCISCO:   It's going 

13  to be distributed among the three teaching 

14  hospitals, one-third apiece.

15               SENATOR STAVISKY:   So it's going 

16  to be one-third, one-third, one-third?  

17               SENATOR DeFRANCISCO:   Correct.

18               SENATOR STAVISKY:   If the Senator 

19  would continue to yield on this point.

20               SENATOR DeFRANCISCO:   Yes.

21               ACTING PRESIDENT GRIFFO:   The 

22  Senator yields.

23               SENATOR STAVISKY:   Downstate 

24  has unique problems and in fact there are serious 

25  questions of its survival.  It has to -- it can 

                                                               1792

 1  only survive with SUNY support.  Is there any 

 2  provision to help the special needs of the 

 3  Downstate facility that's attached -- SUNY 

 4  Downstate Medical School, I'm talking about the 

 5  medical center.

 6               SENATOR DeFRANCISCO:   First of 

 7  all, I understand that some hospitals may have 

 8  difficulties but I don't believe it's fair to 

 9  penalize the other hospitals just because they're 

10  operating in an effective way.  So that's why 

11  it's one-third, one-third, one-third.

12               There is also $400 million in HEAL 

13  money that no question that Brooklyn is going to 

14  be getting a large portion of that, the Brooklyn 

15  Hospital.  And there's also, I think, another 

16  $60 million of aid to the SUNY hospitals that is 

17  also a pot of money that's available generally to 

18  SUNY hospitals.

19               SENATOR STAVISKY:   If the Senator 

20  would yield on an additional question on this 

21  topic.

22               SENATOR DeFRANCISCO:   Yes.

23               SENATOR STAVISKY:   I thought we 

24  have gotten away from the flat grant approach, 

25  which is really what one third, one third, one 

                                                               1793

 1  third is, and that we're tending to apportion aid 

 2  based upon need rather than the flat grant, which 

 3  is somewhat unequalizing.

 4               SENATOR DeFRANCISCO:   Except that, 

 5  as I mentioned before, there is another 

 6  $60 million that is not allocated.  It's subject 

 7  to the needs of the various hospitals and the 

 8  decisions made by the Health Department and the 

 9  Governor's office.  So it's not a pure one-third, 

10  one-third, one-third, it's just as to that 

11  $28 million.  

12               And plus the HEAL grants -- in 

13  fact, people in other areas of the state are 

14  concerned that Brooklyn Hospital's needs are so 

15  great that a lot of the $400 million will be 

16  taken by -- or given to the Brooklyn Hospital.  

17  And if you look at the rest of the state, they're 

18  not too happy about that either.

19               But the fact of the matter is those 

20  are two additional pots.

21               SENATOR STAVISKY:   Because I do 

22  want to emphasize that Downstate has not only a 

23  unique need but also serves a unique population 

24  which does not have access to other healthcare.

25               If the Senator would yield for one 

                                                               1794

 1  final question.

 2               SENATOR DeFRANCISCO:   Yes.

 3               SENATOR STAVISKY:   The SUNY 2020 

 4  plan authorized tuition increases for 

 5  out-of-state students.  Has this been 

 6  implemented?

 7               SENATOR DeFRANCISCO:   I don't 

 8  know.  I don't know.  But it's not -- the 

 9  authorization was given.  I don't know -- it's 

10  not part of this budget, so I don't really know 

11  whether it's been implemented or not.

12               SENATOR STAVISKY:   If the Senator 

13  would continue to yield.

14               SENATOR DeFRANCISCO:   Yes.

15               SENATOR STAVISKY:   It was 

16  authorized last year.  And I understand they have 

17  not increased the tuition for the out-of-state 

18  residents.  And this is revenue that really 

19  should be coming in to us.  

20               But again, I thank you for your 

21  answers.  Thank you.  

22               ACTING PRESIDENT GRIFFO:   Thank 

23  you, Senator Stavisky.

24               Senator Peralta.

25               SENATOR PERALTA:   Yes, thank you, 

                                                               1795

 1  Mr. President.  Would Senator DeFrancisco yield 

 2  for a question.

 3               SENATOR DeFRANCISCO:   Yes.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  DeFrancisco yields.

 6               SENATOR PERALTA:   I would like to 

 7  read a portion of a contract language that was 

 8  agreed upon with PEF and then I'd like to ask a 

 9  question.

10               SENATOR DeFRANCISCO:   Okay.  Can 

11  you identify the contract, who the parties were?  

12               SENATOR PERALTA:   Yes.  It's the 

13  contract language in the PEF New York State 

14  collective bargaining agreement for 2011 through 

15  2015 relating to no layoffs.  Section 21.2, the 

16  Workforce Reduction Limitation.

17               There are three provisions in that, 

18  the Workforce Reduction Limitation.  (A) For 

19  fiscal years 2011 through 2012 and 2012 through 

20  2013, employees shall be protected from layoffs 

21  resulting from the facts and circumstances that 

22  gave rise to the present need for 450 million in 

23  workforce savings.

24               (B) For the term of the agreement, 

25  only material unanticipated changes in the 

                                                               1796

 1  state's fiscal circumstances, financial plan, or 

 2  revenue will result in potentially layoffs.

 3               And (C) workforce reductions due to 

 4  the closure or restructuring of facilities as 

 5  authorized by legislation or the SAGE Commission 

 6  determinations are excluded from these 

 7  limitations.

 8               So regarding this budget 

 9  appropriation transfer language, do you feel that 

10  its legislative intent -- that reductions in the 

11  workforce related to the consolidation of 

12  administrative functions authorized in this 

13  budget fall within the stated exemptions?  And if 

14  they do, would layoffs be permitted?

15               SENATOR DeFRANCISCO:   I charge for 

16  my legal advice.  

17               But in interpreting the contract, 

18  the legislative intent is I don't think relevant 

19  here, because the actual management of the state 

20  government and the operations budget is the 

21  Governor's office.  And whether or not there have 

22  been -- we have not been informed that there's 

23  been any layoffs by the Governor.  And it's my 

24  understanding that some of the negotiations that 

25  took place earlier averted those layoffs.

                                                               1797

 1               So I don't think there's a -- 

 2  there's no legislative intent that I can see that 

 3  would prohibit the Governor from his normal 

 4  powers of managing the operations of the state.

 5               SENATOR PERALTA:   Still, Section 

 6  C -- through you, Mr. President, Section C I'll 

 7  read again:  "Workforce reductions due to the 

 8  closure or restructuring of facilities as 

 9  authorized by legislation or the SAGE Commission 

10  determinations are excluded from these 

11  limitations."

12               So if this is not legislated, does 

13  this apply?

14               SENATOR DeFRANCISCO:   The SAGE 

15  Commission has not provided us a report yet, so 

16  there's nothing the Legislature could act upon.

17               SENATOR PERALTA:   So does this 

18  budget language constitute legislative authority?

19               SENATOR DeFRANCISCO:   This 

20  legislation is unrelated to SAGE's operations, 

21  which is what is referred to in paragraph C 

22  there.

23               SENATOR PERALTA:   It's authorized 

24  by legislation or SAGE.

25               SENATOR DeFRANCISCO:   All right.  

                                                               1798

 1  Does this legislation -- are you asking if this 

 2  legislation authorizes layoffs?

 3               SENATOR PERALTA:   Yes.

 4               SENATOR DeFRANCISCO:   No.  This 

 5  legislation is neutral on layoffs.

 6               SENATOR PERALTA:   So the 

 7  legislative intent of this language would not 

 8  authorize layoffs?

 9               SENATOR DeFRANCISCO:   I didn't say 

10  that.  I just said the language is neutral 

11  insofar as there's no indication that layoffs are 

12  requested, contemplated or -- we don't know what 

13  the Governor is going to do.

14               This legislation simply provides an 

15  appropriation.  The Governor has to manage the 

16  government.

17               SENATOR PERALTA:   Okay.  Thank you 

18  very much.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Peralta.

21               Senator Diaz.

22               SENATOR DIAZ:   Mr. President, on 

23  the bill.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Diaz on the bill.

                                                               1799

 1               SENATOR DIAZ:   I'm not going to 

 2  ask you no questions.

 3               I'm just -- this is the first piece 

 4  of one, two, three, four, five, six, seven pieces 

 5  of legislation that we are going to do today.  

 6  And I see and I hear people asking questions on 

 7  the first one.  So, Mr. President and ladies and 

 8  gentlemen, I have to ask, why is it that we're 

 9  asking questions?  Is it because we don't know 

10  what are we voting for?  And if we don't know 

11  what are we voting for, then we should vote no.

12               And my question is, what is it we 

13  are asking questions for?  If we are asking 

14  questions one hour, spending one hour asking 

15  questions, that means that we don't know what is 

16  in the budget.  Because if we know what does the 

17  budget include, ladies and gentlemen, we know, we 

18  don't have to ask questions.  But if we don't 

19  know, then vote no.  

20               Or if you have questions, what is 

21  the purpose?  Because if you are asking 

22  questions, one hour asking questions, I imagine, 

23  I believe, I assume that you're voting no.  But 

24  don't please stand here breaking a budget apart, 

25  telling and showing the whole world how bad and 

                                                               1800

 1  how rotten this budget is -- and then to vote 

 2  yes?  It doesn't make sense.  I cannot understand 

 3  that.  

 4               For example, this piece of 

 5  legislation today does eliminate the Tenant 

 6  Protection Unit, division.  I mean there is no 

 7  protection for the tenants in our communities.  

 8  What are we voting yes for?  That, Mr. President, 

 9  is the reason why I am voting no on the first 

10  piece of legislation.  

11               I'm not going to ask you questions, 

12  Senator DeFrancisco, because I know what I'm 

13  doing and I know who I'm defending.  The tenants, 

14  at least, they don't have protection in this 

15  one.  

16               So I will be voting no in this 

17  first one, and then we'll be talking on the other 

18  ones.  Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Diaz.

21               Is there any other Senator wishing 

22  to be heard?

23               Senator Peralta.

24               SENATOR PERALTA:   Yes, I believe 

25  that the reason that we're asking questions is 

                                                               1801

 1  for clarification.

 2               SENATOR DIAZ:   Because we don't 

 3  know.

 4               SENATOR PERALTA:   Clarification on 

 5  certain statements that we need answers on.

 6               And I believe that if we can get 

 7  those clarifications then we can make a better 

 8  decision when it comes to voting on these budget 

 9  bills.

10               And I understand the antics.  I 

11  understand the playing to the cameras.  But this 

12  is serious work.

13               SENATOR DIAZ:   It is.

14               SENATOR PERALTA:   We need to 

15  understand and be clear about what is in these 

16  budget bills.  And therefore one of our 

17  responsibilities as legislators, as Senators, is 

18  to clarify, is to ask questions and to ask them 

19  on the floor.

20               So therefore I believe that we're 

21  within our right to ask these questions on both 

22  sides of the aisle.  And that's why we're asking 

23  these questions for clarification.  And some of 

24  us will vote yes and some of us will vote no, but 

25  the bottom line is we need to be clear on what 

                                                               1802

 1  we're voting for.

 2               Thank you, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Espaillat.

 5               SENATOR ESPAILLAT:   Yes, 

 6  Mr. President.  On the bill.

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Espaillat on the bill.

 9               SENATOR ESPAILLAT:   This bill 

10  addresses some of the housing matters in our 

11  state.  

12               Last year we passed the extension 

13  of rent regulations.  There was a very long and 

14  contentious debate about tenant protections and 

15  rent regulation.  Subsequent to that debate, we 

16  were encouraged that this year we will get a 

17  Tenant Protection Unit implemented to allow 

18  tenants to go to in case their rights were being 

19  violated, to track down unscrupulous landlords 

20  who prey on tenants, hike their rents illegally, 

21  or perhaps drag them to court to evict them.  

22               And this bill does not fiscally 

23  implement that.  In fact, it eliminates that.  I 

24  know that there have been promises made that the 

25  Tenant Protection Unit will be implemented 

                                                               1803

 1  next year or this year administratively within 

 2  the housing agency.  But many promises are made 

 3  in the hallways of Albany, and very often many of 

 4  them are not kept.

 5               So until I see the funding for such 

 6  unit in writing, in this budget, I am compelled 

 7  to vote no on this particular bill.

 8               SENATOR DIAZ:   Thank you.

 9               ACTING PRESIDENT GRIFFO:   The 

10  debate is closed, and the Secretary will ring the 

11  bell. 

12               Read the last section.

13               THE SECRETARY:   Section 2.  This 

14  act shall take effect immediately.

15               ACTING PRESIDENT GRIFFO:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Perkins, to explain his vote.

20               SENATOR PERKINS:   Thank you very 

21  much.

22               I'm going to have to vote no.  I am 

23  concerned about the absence of funding for the 

24  Tenant Protection Unit.  And I do recall, not 

25  just in the halls but also in the suites and 

                                                               1804

 1  other areas having discussions that made 

 2  commitments towards that end, as well as having 

 3  spent some time in civil disobedience in support 

 4  of that.  

 5               So because of those reasons, I will 

 6  vote no on this bill in hopes that that promise 

 7  will be fulfilled sooner than later.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Perkins to be recorded in the negative.

10               Senator Diaz to explain his vote.

11               SENATOR DIAZ:   Thank you, 

12  Mr. President.

13               I'm glad that some of my colleagues 

14  are joining me in voting no because of that 

15  reason, because of that reason.  We are here, we 

16  are here to protect our communities.  We are not 

17  here to set ourselves up to the Governor or to 

18  anybody else.  We have a calling, a calling to 

19  protect and defend our community.  

20               And this is a -- this is 

21  outrageous.  There is no tenant protection here.  

22  We're going to go back to our community and 

23  confront our people and say, Oh, we're going to 

24  fight for you to defend your rights as tenants, 

25  and then vote yes?  No sir, no way, no how.  

                                                               1805

 1               I'm voting no too.

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Diaz to be recorded in the negative.

 4               Senator Parker to explain his vote.

 5               SENATOR PARKER:   Thank you, 

 6  Mr. President.  To explain my vote.  

 7               Once again, I know this has been a 

 8  tough process.  And congratulations to the staff 

 9  and to my colleagues who have been working on 

10  this difficult thing.  Although it's well 

11  documented my displeasure with the process, I do 

12  appreciate how much it does take to get this 

13  thing actually done.

14               I'm going to stand with my 

15  colleagues who are not happy about the fact that 

16  we have eliminated a Tenant Protection Unit  for 

17  the Division of Housing and Community Renewal.  

18  This was supposed to be an important thing, 

19  especially after last year and doing the rent 

20  control thing, that this was supposed to be 

21  really the next step to making sure that tenants 

22  were really protected in the State of New York.  

23               We also -- the Executive includes 

24  interchange language in the state operations 

25  appropriation that would authorize OGS to 

                                                               1806

 1  interchange transfer authority.  This is not, I 

 2  think, a proper use of this authority at this 

 3  time, and so I'm going to be voting no on this as 

 4  well.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Parker to be recorded in the negative.

 7               Announce the results.

 8               Senator Krueger, excuse me.  

 9  Senator Krueger to explain her vote.

10               SENATOR KRUEGER:   Thank you.  

11  Thank you very much, Mr. President.  I think I 

12  was on the list.

13               I appreciate my colleagues' 

14  points.  I am also disappointed, as I said 

15  before, about there being no funding for the 

16  Tenant Protection Unit.  

17               But again, because I believe there 

18  has been a commitment made by the Governor's 

19  office to assure that this unit will be fully 

20  staffed and operational in this fiscal year, I am 

21  prepared to vote yes on this bill because of my 

22  belief that the commitment is there and the 

23  ability is there for DHCR to provide the services 

24  of this very important unit.  

25               But I share my colleagues' 

                                                               1807

 1  disappointment that I believe it should have been 

 2  a specific program line item within this budget 

 3  bill.  

 4               Thank you, Mr. President.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Krueger to be recorded in the affirmative.

 7               Announce the results.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 480, those recorded in the 

10  negative are Senators Adams, Diaz, Duane, 

11  Espaillat, Hassell-Thompson, Montgomery, Parker, 

12  Perkins, and Rivera.

13               Ayes, 51.  Nays, 9.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed. 

16               Senator Libous.

17               SENATOR LIBOUS:   Mr. President, at 

18  this time could we take up Calendar 483, please.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary shall read.

21               THE SECRETARY:   On page 23, 

22  Senator DeFrancisco moves to discharge, from the 

23  Committee on Finance --

24               ACTING PRESIDENT GRIFFO:   Excuse 

25  me, Chris.  

                                                               1808

 1               Could I have some order, please.

 2               The Secretary will read.

 3               THE SECRETARY:   On page 23, 

 4  Senator DeFrancisco moves to discharge, from the 

 5  Committee on Finance, Assembly Bill Number 9054D 

 6  and substitute it for the identical Senate Bill 

 7  Number 6254D, Third Reading Calendar 483.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  483, Budget Bill, Assembly Print Number 9054D, 

13  CAPITAL PROJECTS BUDGET.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is before the house.

16               Senator Krueger, Senator Stavisky 

17  had requested prior to your rising.  Do you want 

18  to defer to her or would you like to lead?  

19               SENATOR KRUEGER:   I would like to 

20  defer to her, with one question, Mr. President, 

21  through you.

22               ACTING PRESIDENT GRIFFO:   Sure.

23               SENATOR KRUEGER:   We have just 

24  received on our desks the Enacted Budget 

25  Summary.  We have not had time to look at it.  Is 

                                                               1809

 1  this the document that meets the requirements of 

 2  the 2007 Budget Reform Act that I referenced 

 3  earlier requiring a specific summary report with 

 4  differences from the Executive and the dollar 

 5  amounts up and down in each appropriation 

 6  category?

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  DeFrancisco.

 9               SENATOR DeFRANCISCO:   Yes.

10               SENATOR KRUEGER:   Thank you, 

11  Mr. President.  I will now defer to Senator 

12  Stavisky.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Stavisky.

15               SENATOR STAVISKY:   Thank you, 

16  Mr. President.  If the Senator would yield for 

17  several questions.

18               SENATOR DeFRANCISCO:   Yes.

19               ACTING PRESIDENT GRIFFO:   The 

20  Senator yields.

21               SENATOR STAVISKY:   Through you, 

22  Mr. President, does the Capital Projects Budget 

23  bill provide for a five-year capital plan for 

24  CUNY and SUNY?

25               SENATOR DeFRANCISCO:   No, it does 

                                                               1810

 1  not.  The only -- the capital that's referred to 

 2  in this budget is primarily the $130 million that 

 3  the Governor first proposed for the Economic 

 4  Development Councils.  During the negotiations, 

 5  $20 million was put into that program in addition 

 6  to the $130 million, so a total of $150 million.  

 7               And the only other amount for 

 8  capital projects in economic development is 

 9  $20 million that is in the Economic Development 

10  Fund for ESDC.

11               SENATOR STAVISKY:   Mr. President, 

12  if the Senator would yield.

13               ACTING PRESIDENT GRIFFO:   The 

14  Senator yields.

15               SENATOR DeFRANCISCO:   I do.

16               SENATOR STAVISKY:   The question 

17  that I asked was is there a five-year capital 

18  plan.  And the answer is no, is that correct?

19               SENATOR DeFRANCISCO:   There is no 

20  new five-year capital plan, but there's 

21  reappropriations of funds for SUNY that -- or 

22  capital funds for SUNY that have been 

23  appropriated in prior years.

24               SENATOR STAVISKY:   Through you, 

25  Mr. President, is there any funding for critical 

                                                               1811

 1  maintenance in this budget?  For SUNY and CUNY.

 2               SENATOR DeFRANCISCO:   Yes.  Once 

 3  again, those are reappropriations from prior 

 4  years.

 5               SENATOR STAVISKY:   So there's no 

 6  new money?  

 7               SENATOR DeFRANCISCO:   No new 

 8  money, correct.  The only new money is what I 

 9  mentioned before.

10               SENATOR STAVISKY:   Through you, 

11  Mr. President, is there any new funding for the 

12  CUNY capital program associated with science and 

13  technology as part of a CUNY 2020 plan?

14               SENATOR DeFRANCISCO:   No, there is 

15  no additional funds.  As I mentioned, the only 

16  additional funds were the $20 million more for 

17  the Economic Development Regional Councils and 

18  $20 million in the ESDC budget.  And there's no 

19  2020 for the university in Syracuse either.

20               SENATOR STAVISKY:   How are those 

21  funds going to be distributed?

22               SENATOR DeFRANCISCO:   The economic 

23  development funds -- first of all, the 

24  reappropriations for the projects that were 

25  appropriated for originally, the new dollars, 

                                                               1812

 1  it's the same procedure through each of the 

 2  Economic Development Councils.  The $150 million 

 3  will be distributed, and the councils will make 

 4  determinations as to what projects are worthy of 

 5  those dollars.

 6               SENATOR STAVISKY:   There was a 

 7  proposal in the other house for a CUNY 

 8  construction -- CUNY capital money corresponding 

 9  to a similar appropriation for SUNY which made it 

10  into the budget.  The CUNY capital money I 

11  understand did not.  Can you tell me why not?  

12               SENATOR DeFRANCISCO:   No, there 

13  was no additional funds for CUNY.

14               SENATOR STAVISKY:   Is there an 

15  explanation?

16               SENATOR DeFRANCISCO:   First of 

17  all, it wasn't in the Governor's budget.  

18               And second of all, all the capital 

19  money -- none of the capital money that we're 

20  using in this budget is going to be bonded.  So 

21  the theory was that we can afford what we can 

22  afford, pay as you go until we get into a 

23  situation where the economy starts providing more 

24  funding for us and without getting deeper in 

25  debt.

                                                               1813

 1               SENATOR STAVISKY:   One last area I 

 2  would like to address, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Senator yields.

 5               SENATOR STAVISKY:   Is there any 

 6  funding in this budget for the CUNY Construction 

 7  Fund?  

 8               SENATOR DeFRANCISCO:   Once again, 

 9  it's just the reappropriations of whatever had 

10  been appropriated in the past.  No new money.

11               SENATOR STAVISKY:   SUNY.  Did I 

12  say CUNY?  I meant SUNY.

13               SENATOR DeFRANCISCO:   Are you 

14  asking about the Construction Fund?  

15               SENATOR STAVISKY:   The SUNY, State 

16  University of New York Construction Fund.  

17               Shall I rephrase my question?  Has 

18  that construction fund --

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Stavisky, are you asking Senator DeFrancisco --

21               SENATOR DeFRANCISCO:   No, I 

22  understand the question.  

23               I'm a little confused myself; I'm 

24  trying to clarify it in my own mind.  (Pause.)  

25               Okay, what I'm informed is once 

                                                               1814

 1  again it's not new money, but there's $15 million 

 2  from last year that's carried over into this year 

 3  in the SUNY Construction Fund as part of that 

 4  2020 commitment.

 5               SENATOR STAVISKY:   So the SUNY 

 6  Construction Fund still exists?

 7               ACTING PRESIDENT GRIFFO:   Senator 

 8  Stavisky, are you asking Senator DeFrancisco --

 9               SENATOR STAVISKY:   Yes, I'm asking 

10  the Senator to yield.

11               SENATOR DeFRANCISCO:   It's in the 

12  bill.

13               SENATOR STAVISKY:   Where?  I do 

14  not see it in the budget.

15               SENATOR DeFRANCISCO:   It's in the 

16  SUNY Capital Budget.

17               SENATOR STAVISKY:   Thank you, 

18  Mr. President.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Stavisky.

21               Senator Stewart-Cousins.

22               SENATOR STAVISKY:   Thank you for 

23  your answers.

24               SENATOR DeFRANCISCO:   I'm sorry we 

25  were confused.  But thanks for the questions.

                                                               1815

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Stewart-Cousins.

 3               SENATOR STEWART-COUSINS:   Thank 

 4  you, Mr. President.  If the sponsor would yield 

 5  for a question.

 6               SENATOR DeFRANCISCO:   Yes.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  sponsor yields.

 9               SENATOR STEWART-COUSINS:   I was 

10  just curious about the reappropriations.  And in 

11  looking at the reappropriations, it seems like 

12  there's just one project that was not 

13  reappropriated in full.  I'm not going to ask you 

14  to guess which one that is, because I'm going to 

15  tell you.

16               SENATOR DeFRANCISCO:   Is it in 

17  your district?

18               SENATOR STEWART-COUSINS:   How did 

19  you conclude that?

20               The last time we had this kind of 

21  conversation, and it got worked out.  So that's 

22  why I'm happy to have this conversation now.  

23               Yeah, it is in my district.  It is 

24  the City of Yonkers Saw Mill River Redevelopment 

25  Project, which had $24 million allocated to it.  

                                                               1816

 1  And it was the only reappropriation that did not 

 2  get reappropriated in full, so I was wondering 

 3  why that was.

 4               SENATOR DeFRANCISCO:   What I'm 

 5  informed -- because I was not familiar with that 

 6  particular project.  But I've been informed that 

 7  this project has been on the books for about six 

 8  years and nothing much has happened.  And that's 

 9  why only $8 million of it was reappropriated, 

10  until there's more specifics and there's actually 

11  a plan to show that it's actually going to be 

12  completed.

13               SENATOR STEWART-COUSINS:   Well, 

14  now this is where --

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Stewart-Cousins, are you asking Senator 

17  DeFrancisco to continue to yield?  

18               SENATOR STEWART-COUSINS:   Through 

19  you, Mr. President, would the Senator continue to 

20  yield?  

21               ACTING PRESIDENT GRIFFO:   Yes, the 

22  Senator yields.

23               SENATOR STEWART-COUSINS:   I can 

24  say to you that there has been great progress in 

25  that redevelopment, that the saw mill is now 

                                                               1817

 1  uncovered and there are continuing advancements 

 2  to the redevelopment of that particular 

 3  initiative.  

 4               And so I just wanted you to know -- 

 5  I guess this is not really a question.  I did 

 6  want you to know that a lot has happened and a 

 7  lot more can happen.  So that is why my concern 

 8  of the $16 million.  Do you know where the 

 9  $16 million went?

10               SENATOR DeFRANCISCO:   It didn't go 

11  anywhere.  Probably it went towards some of these 

12  increases for the general economic development 

13  regional offices, because we're paying as you 

14  go.  That's probably where it went.

15               But I guess the -- what I'm 

16  informed is the information that you just gave of 

17  what's been accomplished so far has already been 

18  paid for by the state, and what people are mostly 

19  concerned about now is, you know, what's the plan 

20  from here and what do you need and when do you 

21  need it.  And that's why only $8 million was 

22  reappropriated this year.  And if it -- I suppose 

23  next year is another year if you get beyond the 

24  $8 million.

25               SENATOR STEWART-COUSINS:   Through 

                                                               1818

 1  you, Mr. President, if the sponsor continues to 

 2  yield.

 3               SENATOR DeFRANCISCO:   Yes.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  sponsor yields.

 6               SENATOR STEWART-COUSINS:   I asked 

 7  you a question, and I know that you gave what you 

 8  thought was the best answer.  But I can tell you 

 9  where that money went.  The money is now in the 

10  bottom line, to be determined by the Temporary 

11  President of the Senate in conjunction with the 

12  Division of the Budget.  So it didn't go 

13  anywhere, but it is in, at this point -- it is 

14  under the jurisdiction of DOB and the Temporary 

15  President of the Senate.

16               So I would be more than happy to 

17  continue this discussion next year, because I 

18  think it's important that the project, which is 

19  really underway, continues.  And I understand 

20  that you need to know where we're going forward.  

21  But I will, for the record, tell you that there 

22  is a great deal to be done and the resources that 

23  had been put aside all these years have finally 

24  begun to bear fruit, and more will come.

25               So I just --

                                                               1819

 1               SENATOR DeFRANCISCO:   If I could 

 2  just add, we have -- you know, we've worked 

 3  together when you've had another problem last 

 4  year.

 5               SENATOR STEWART-COUSINS:   

 6  Absolutely.

 7               SENATOR DeFRANCISCO:   I was not 

 8  aware of this until you asked the question, and 

 9  I'd be happy to try to get involved in it as 

10  well.

11               SENATOR STEWART-COUSINS:   I 

12  appreciate that.  

13               Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Thank 

15  you, Senator Stewart-Cousins.

16               Senator Rivera.

17               SENATOR RIVERA:   Thank you, 

18  Mr. President.  On the bill.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Rivera on the bill.

21               SENATOR RIVERA:   Thank you, 

22  Mr. President.

23               The bill that we're dealing with 

24  right now relates to capital funds across the 

25  state.  And I want to talk a little bit about 

                                                               1820

 1  what I believe are missed opportunities in this 

 2  piece of legislation and this budget process.  

 3               Now, while this bill does restore 

 4  $770 million for the MTA capital plan, it does 

 5  not do much to improve mass transit.  I don't 

 6  believe that with what we're allocating here, I 

 7  don't think that we will prevent what are really 

 8  impending transit fare hikes in 2013, which if 

 9  we're counting -- and many of us that use the 

10  train on a regular basis, and the bus, in the 

11  city, we have been counting -- that would be the 

12  fourth hike since 2007.  

13               Again, I repeat, I believe this is 

14  a missed opportunity.  The northwest Bronx that I 

15  represent, the majority, the great majority of 

16  people in my district rely on mass transit every 

17  single day.

18               And when we look at what has 

19  happened in the last couple of years where the 

20  state has at different times raided the MTA and 

21  taken hundreds of millions of dollars that is 

22  supposedly dedicated transit funding and instead 

23  uses it for all sorts of other things, what this 

24  has led to, as we know, is that the MTA has gone 

25  into a spiraling hole of debt.  

                                                               1821

 1               And what this means, ultimately, is 

 2  that the services get cut.  In the last couple of 

 3  years we had two subway lines that no longer 

 4  exist, 32 bus routes, 570 bus stops that we don't 

 5  have anymore.  And yet we are not funding the MTA 

 6  capital plan at the level that we should, which 

 7  makes the impact on services going to be all that 

 8  much worse in the next couple of years.

 9               We have to remember that 

10  one-quarter, one-quarter of the population of 

11  New York State uses mass transit to get to and 

12  from work.  And I am disappointed that the funds 

13  that we're talking about in this bill today, 

14  although they do provide funding for highways, 

15  bridges, municipal water systems, dams, and even 

16  in some cases state parks and historic sites, 

17  they do not do enough for the transit system that 

18  my constituents use on an everyday basis.

19               We have to pay attention to things 

20  like this because obviously, as I said, a quarter 

21  of the population of this state uses transit on a 

22  daily basis.  

23               I believe that this particular bill 

24  is a missed opportunity when it comes to funding 

25  for transit riders, and I will be voting in the 

                                                               1822

 1  negative on this particular piece of 

 2  legislation.  

 3               Thank you, Mr. President.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Squadron.

 6               SENATOR SQUADRON:   Thank you, 

 7  Mr. President.  If the sponsor would yield 

 8  briefly.

 9               ACTING PRESIDENT GRIFFO:   The 

10  sponsor yields.

11               SENATOR SQUADRON:   Thank you.  

12               Just to circle back to some of the 

13  CUNY funding that Senator Stavisky was speaking 

14  about previously.  

15               In previous years, over 

16  $250 million has been allocated for City Tech, 

17  the New York City College of Technology, which is 

18  a significant portion of a total large project.  

19  They were looking for authorization to move 

20  forward with that project, start getting those 

21  dollars out into the economy this year.  Are they 

22  given authorization to do so in this year's 

23  budget?  

24               Well, let me ask, actually, in the 

25  interests of time, why are they not given 

                                                               1823

 1  authorization to do so in the budget?

 2               SENATOR DeFRANCISCO:   Because as I 

 3  mentioned at the end of the outset, we're about a 

 4  billion-two from our debt cap, and we don't want 

 5  to raise the debt cap.  That's number one.  

 6               And number two, there isn't enough 

 7  additional money to provide capital projects like 

 8  the state did in the past.

 9               SENATOR SQUADRON:   If the sponsor 

10  would continue to yield.

11               SENATOR DeFRANCISCO:   Yes.

12               SENATOR SQUADRON:   Does this 

13  suggest that previously allocated capital, 

14  allocated by one majority or the other in 

15  previous years, is now somehow at risk for 

16  recipients?

17               SENATOR DeFRANCISCO:   No.  If 

18  you're talking about from prior years, all the 

19  reappropriations are in the budget.

20               SENATOR SQUADRON:   If the sponsor 

21  would continue to yield.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR DeFRANCISCO:   Except for 

25  Senator Stewart-Cousins, apparently, her project 

                                                               1824

 1  that she referred to earlier.

 2               SENATOR SQUADRON:   The issue is 

 3  there's a previously allocated $252 million for 

 4  this project.  CUNY is able to move forward with 

 5  the project at a reduced cost of $252 million.  

 6  It had previously been a $460 million project had 

 7  they simply received authorization to begin 

 8  spending that money -- which shouldn't relate to 

 9  our debt cap unless there's a concern that 

10  previously appropriated dollars are now at risk.  

11               So I'm just trying to understand, 

12  are those previously appropriated dollars at 

13  risk?  Or if they're not, why couldn't they be 

14  authorized to be spent this year?

15               SENATOR DeFRANCISCO:   They are 

16  reauthorized.  And there's no reason -- they're 

17  not at risk, no.  They're not at risk.

18               SENATOR SQUADRON:   Thank you.  

19               On the bill.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Squadron on the bill.

22               SENATOR SQUADRON:   I'm pleased to 

23  hear that promises made in previous years are not 

24  at risk.  

25               However, I'm disappointed that in 

                                                               1825

 1  the case especially of City Tech, which was 

 2  CUNY's number-one capital priority this year -- a 

 3  critically important institution in my district 

 4  in Brooklyn, a place where more than four out of 

 5  five students are the first in their families to 

 6  attend higher education -- was not given the 

 7  authorization it sought.  

 8               That authorization was not for new 

 9  dollars.  The conversation that the sponsor has 

10  had earlier today about the difficulties in this 

11  year's budget and the difficulties with capital I 

12  know are real.  The advantage of this project was 

13  it would have cost the state nothing more that 

14  was not previously allocated to a project.  They 

15  simply wanted authorization.  

16               It would have been a critical 

17  project, $252 million could have begun moving 

18  immediately.  A critical project for CUNY, for 

19  jobs in New York, and for students across the 

20  five boroughs and across the state.  

21               It's disappointing that 

22  authorization is not in here, and I still don't 

23  -- I do understand and appreciate the 

24  conversation I had with the sponsor.  I still do 

25  not fully understand what the rationale is not to 

                                                               1826

 1  allocate those dollars unless somehow they are at 

 2  risk.  I'm very glad to hear today on the floor 

 3  that they are not at risk but disappointed they 

 4  have not been allowed to be moved forward.

 5               And just briefly to follow up on my 

 6  colleague Senator Rivera's comments about the 

 7  MTA, I'd like to both associate myself with 

 8  concerns about the capital program overall and 

 9  also add to that the fact that again and again it 

10  looks like when we do fund the MTA, the risk is 

11  we do it on the backs of riders.  

12               And when you look at the funding 

13  for the capital program that is in the budget, 

14  I'm pleased that there is a significant state 

15  allocation, I'm pleased that this house has 

16  agreed to what the Governor and the Assembly both 

17  put forward on that basis, but very disappointed 

18  that some of that capital program is inevitably 

19  going to lead to higher fares put on the backs of 

20  riders.  

21               We need a sustainable funding 

22  stream for transit.  It's not a New York City 

23  issue, it's a New York State issue.  It's not 

24  just a five boroughs issue, it's the entire MTA 

25  region.  And in fact, as we saw recently, it's 

                                                               1827

 1  jobs everywhere from Plattsburgh to Western 

 2  New York as well.

 3               So it's very disappointing that the 

 4  plan for the capital program relies on the backs 

 5  of riders instead of a sustainable funding 

 6  stream.  I continue to hope that this body will 

 7  revisit this issue and we will be able to fund an 

 8  MTA capital plan with a funding stream that makes 

 9  sense and that doesn't mean higher fares 

10  everywhere from Suffolk to Brooklyn to Dutchess.  

11               Thank you, Mr. President.

12               ACTING PRESIDENT GRIFFO:   Senator 

13  Kennedy.

14               SENATOR KENNEDY:   Thank you, 

15  Mr. President.  On the bill.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Kennedy on the bill.

18               SENATOR KENNEDY:   This is a great 

19  day for the people of New York State, it's a 

20  great day especially for the people of Western 

21  New York that I represent.

22               With the focus on economic 

23  development and infrastructure investment, I'm 

24  confident that this budget is going to help 

25  create the jobs we need to get our economy and 

                                                               1828

 1  our workforce sparked again.

 2               The highlights for Western New York 

 3  start with the state's billion dollars commitment 

 4  to job creation in the Buffalo region.  Governor 

 5  Cuomo has outlined this investment in this budget 

 6  as a five-year commitment, and it starts with a 

 7  $100 million down payment in this year's budget.  

 8               We're confident this investment is 

 9  going to unleash the potential for major economic 

10  growth across Western New York.  It's going to 

11  help us attract new industries and strengthen 

12  existing industries.  

13               This budget also invests in our 

14  state's infrastructure.  The New York Works 

15  program is going to put people to work and 

16  improve the safety of our roads and bridges in 

17  Western New York and across the New York State.  

18  It accelerates funds to projects across the 

19  state.  

20               There's also a specific focus on 

21  enhancing transportation funding for Western 

22  New York.  In the past our region of Western 

23  New York, Region 5, has been shortchanged funding 

24  while the west of New York State benefited.  This 

25  was a result of flawed aid formulas.  These 

                                                               1829

 1  formulas are being corrected in this budget.  

 2               The funding shortfalls we suffered 

 3  made it tougher for Western New Yorkers to find 

 4  work.  It caused projects to be delayed or even 

 5  canceled in the past.  It made us miss out on 

 6  economic activity when the rest of the state 

 7  benefited to the shortchanging of Western 

 8  New York.  This year Western New York is finally 

 9  getting its fair share of transportation funding, 

10  more funding than we've gotten in Western 

11  New York in over a decade.  And the state has 

12  made a commitment to continuing to take steps 

13  toward rectifying the funding shortfalls of the 

14  past.

15               This budget contains significant 

16  commitments to economic development and 

17  infrastructure improvement in Western New York.  

18  With our region finally being heard in Albany, we 

19  can be confident that the commitments made will 

20  become commitments delivered and jobs created.

21               This budget sends a message.  It 

22  says New York State is open for business.  And to 

23  Western New Yorkers, it also says something long 

24  overdue.  It says Albany is finally paying 

25  attention to the needs of the Western New York 

                                                               1830

 1  community, to the businesses of Western New York, 

 2  and toward putting people to work in Western 

 3  New York.

 4               For decades our economy has been 

 5  struggling, and for just as long we've been 

 6  making our case for enhanced state support to 

 7  Western New York and the Buffalo region.  Albany 

 8  is finally working on behalf of all New Yorkers 

 9  and is committed to helping our region grow.  

10               I want to thank Governor Cuomo for 

11  his determined focus on Western New York and the 

12  Buffalo economy, and I thank my colleagues from 

13  the Western New York delegation who worked with 

14  us in helping shift the attention of Albany to 

15  the needs of Buffalo and Western New York.

16               Mr. President, I will be voting 

17  aye.  Thank you.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Smith.

20               SENATOR SMITH:   Thank you very 

21  much, Mr. President.  Very briefly on the bill.

22               ACTING PRESIDENT GRIFFO:   On the 

23  bill.

24               SENATOR SMITH:   I believe my 

25  colleagues have outlined a number of concerns and 

                                                               1831

 1  issues related to this capital budget bill.  

 2               I just want to raise two items, one 

 3  of which is the importance of having established 

 4  an infrastructure fund or an infrastructure bank 

 5  that would be aligned with producing and 

 6  financing capital projects throughout the state.

 7               I believe Canada has an 

 8  infrastructure bank and fund operation that has 

 9  been quite successful.  It has allowed a number 

10  of projects to go forward, including the P-3 type 

11  of an establishment, which many projects 

12  throughout our state should be funded through and 

13  looking at.

14               In addition, I would hope, 

15  Mr. President, that as we go forward with the 

16  remainder of this year, while the Economic 

17  Development Councils are provided a certain 

18  amount of resources through our budget, that the 

19  input of the members would be allowed.

20               As we know, clearly there has been 

21  a restructuring of how dollars have been 

22  appropriated to our districts.  The Economic 

23  Development Councils, while they are one of the 

24  Governor's signature projects -- and I agree with 

25  how these projects are soliciting and evaluating 

                                                               1832

 1  the different projects that are associated with 

 2  their funding -- I would hope that as we as a 

 3  body and our members would take a very serious 

 4  look at each one of those projects, that we would 

 5  be in aggressive dialogue with the 

 6  Lieutenant Governor's office, the Economic 

 7  Development Councils as well to make sure that, 

 8  if nothing else, the courtesy of your input is 

 9  accepted and that those projects, as they are 

10  awarded and/or announced throughout the state, 

11  that again that courtesy is provided to the 

12  members of our conference so that they can show 

13  their constituents they have been involved in 

14  this process.

15               I will be supporting the bill, but 

16  I do hope as we move forward from this day to the 

17  end of session that there will be dialogue, one, 

18  on an infrastructure bank, infrastructure fund, 

19  and also some means by which members will have 

20  the appropriate input into projects that are 

21  funded by the councils within their district.

22               Thank you, Mr. President.

23               ACTING PRESIDENT GRIFFO:   Is there 

24  any other Senator wishing to be heard?

25               Seeing none, hearing none -- 

                                                               1833

 1  Senator Krueger.

 2               SENATOR KRUEGER:   I wanted to make 

 3  sure any other colleague got to rise first.  

 4  Thank you, Mr. President.

 5               If the sponsor would please yield.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  sponsor yields.

 8               SENATOR KRUEGER:   Thank you.  

 9               So again, I appreciate that we did 

10  receive an Enacted Budget Summary.  I'm still a 

11  little confused about whether it meets the 

12  legislative requirement to separately identify 

13  and present all legislative additions, 

14  reestimates, disbursements or revisions.  But 

15  since we're on the capital budget, maybe I can 

16  use that as an example of questions.

17               In the capital budget, under 

18  Department of Transportation, reading from the 

19  document we just received on our desks, it says 

20  that the Legislature concurs with the Executive 

21  proposal of $5.09 billion, with the following 

22  modifications, and then lists approximately a 

23  million dollars in restorations.

24               So is there somewhere a million 

25  dollar reduction?  Because it doesn't change the 

                                                               1834

 1  $5.09 billion, but it appears to add a specific 

 2  program.  So what was the specific program 

 3  rejected because it restored some other things?

 4               SENATOR DeFRANCISCO:   I've been 

 5  told that it was a reestimate.

 6               SENATOR KRUEGER:   So there was a 

 7  million dollar reestimate in transportation 

 8  within the capital bill?  

 9               SENATOR DeFRANCISCO:   That's what 

10  I'm informed, correct.

11               SENATOR KRUEGER:   And then in 

12  another section of the capital budget relating to 

13  the State University of New York, again it 

14  concurs with the Executive's recommendation of 

15  approximately $1.1 billion but then adds 

16  $53 million for a repurposed capital 

17  reappropriation for Stony Brook Medical and 

18  Research Translation Center.  Did we subtract 

19  $53 million somewhere else?

20               SENATOR DeFRANCISCO:   No.  It's 

21  not a new project, it's simply repurposed the use 

22  of the money.  But those monies were already 

23  there.

24               SENATOR KRUEGER:   Through you, 

25  Mr. President, if the sponsor would continue to 

                                                               1835

 1  yield.

 2               SENATOR DeFRANCISCO:   Yes.

 3               SENATOR KRUEGER:   What was the 

 4  $53 million originally for?  

 5               SENATOR DeFRANCISCO:   The 

 6  identical project, but there was some changes in 

 7  the language.

 8               SENATOR KRUEGER:   Through you, 

 9  Mr. President, if the sponsor would yield.

10               SENATOR DeFRANCISCO:   Yes.

11               SENATOR KRUEGER:   I'm not sure I 

12  understand that.  So it's $53 million repurposed 

13  for the same project, a Stony Brook Medical and 

14  Research Translation Center, but it's a different 

15  project?  How is it different?

16               SENATOR DeFRANCISCO:   It's 

17  different in language as to who pays for certain 

18  portions of the project.  But the same capital 

19  expenditure for the same project is what is in 

20  the budget.

21               SENATOR KRUEGER:   On the bill, 

22  Mr. President.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Krueger on the bill.

25               SENATOR KRUEGER:   Thank you.

                                                               1836

 1               So many of my colleagues have 

 2  raised concerns within this budget bill, and I'm 

 3  just going to raise a few more rather than ask 

 4  them as questions.

 5               When we did earlier budget bills, I 

 6  addressed my concerns around not enough detail on 

 7  transparency and evaluation or ability to 

 8  evaluate how economic development funds are 

 9  spent.  In this capital bill there are various 

10  proposals for expanding on the regional economic 

11  development funds for next year, and yet we still 

12  don't have the answer about the monies that were 

13  allocated this year and whether or not we think 

14  those were good decisions.

15               We are adding additional money, a 

16  $20 million increase compared to the 2011-2012 

17  budget, but we know that we didn't spend 

18  $215 million from the year-that's-ending Regional 

19  Economic Development Council funding.

20               So I'm concerned that there are not 

21  enough answers for us about how the money is 

22  spent, the wins and the losses when we spend that 

23  money, and yet we move forward to the next year 

24  without getting answers or having an ability for 

25  the public to track what is happening and to make 

                                                               1837

 1  their own judgments about successes and 

 2  failures.  

 3               And it's okay to have failures.  I 

 4  don't imagine there's any model of economic where 

 5  there aren't wins and losses.  What I'm disturbed 

 6  about is we still move forward in this state 

 7  spending the taxpayers' money on these programs 

 8  without even being willing as legislators to 

 9  demand that the questions be asked and the 

10  information be made public so that all 

11  19.5 million New Yorkers might make their own 

12  judgments and ask those questions.

13               I'm concerned, on the same theme, 

14  that we are creating a New York Works capital 

15  project -- I'm not concerned about our creating 

16  it, let me be careful in what I say.  I am 

17  delighted that the Governor recognizes the 

18  importance in real investment in the 

19  infrastructure of this state.  We are way behind 

20  where we need to be in ensuring we have 

21  infrastructure to be a competitive 21st-century 

22  state.  What I'm concerned about is that we still 

23  don't know, the day we are passing a budget, what 

24  the intention of the use of much of this money is 

25  or will be.

                                                               1838

 1               I know that expanding rail freight 

 2  in New York is a critical infrastructure issue.  

 3  I know there are many people who have focused 

 4  priority on high-speed rail, on upstate transit 

 5  systems, on providing for transportation 

 6  alternatives to highways and bridges such as 

 7  ferries and bus rapid transit.  No one in this 

 8  state has escaped knowing that there is a serious 

 9  problem with our Tappan Zee Bridge.  

10               And yet the day we are being asked 

11  to pass a budget that has 1.$16 billion for a 

12  New York Works program, we don't actually know 

13  how that money will be distributed.  We don't 

14  know what the signature projects will be and how 

15  the monies are intended to be spent, even though 

16  we know that there are signature projects.

17               I'm concerned that only a year ago 

18  we passed a bill to create a lockbox for 

19  downstate transit and yet we've already reneged 

20  on that agreement.  And so there is actually a 

21  reduction of $4.7 million to the downstate 

22  12-county regions transportation funds.  

23               I'm concerned that we haven't done 

24  enough to understand the impact on not investing 

25  in housing.  I'm concerned, as Senator Stavisky 

                                                               1839

 1  so well laid out in her questions, what we are 

 2  doing or not doing with higher education capital 

 3  money.  

 4               And, as two of my colleagues spoke 

 5  about the impact on the MTA, both Senator Rivera 

 6  and Senator Squadron, I'm very disturbed that we 

 7  have a capital budget that provides the MTA the 

 8  ability to go further into debt and gives them 

 9  the minimal $770 million they needed this year 

10  but guarantees, literally guarantees that they 

11  will be further in debt in the coming years, with 

12  an estimated 25 cents on the dollar collected 

13  from them having to go into debt payments in a 

14  few years compared to, I think, the 16 cents on 

15  the dollar that they currently have to pay 

16  towards debt.

17               Capital investment, infrastructure 

18  are crucial to every county of the state.  And 

19  yet I don't believe we have enough answers, and I 

20  don't believe we're thinking big enough and 

21  broadly enough about the demands in front of us.  

22               So I will be voting yes on this 

23  bill, Mr. President, but again, for the record, a 

24  budget bill should have more details than this.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1840

 1  Diaz, why do you rise?

 2               SENATOR DIAZ:   Would Senator 

 3  Krueger yield for a question or two?  

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Krueger, will you yield to a question from 

 6  Senator Diaz?

 7               SENATOR KRUEGER:   I will happily 

 8  yield to a question.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Diaz.

11               SENATOR DIAZ:   Senator Krueger, 

12  you are the ranking member on our conference's 

13  fiscal department --

14               SENATOR KRUEGER:   Finance, yes.

15               SENATOR DIAZ:   And I heard you 

16  say -- you used the word "I'm disturbed," 

17  "disturbed," you used that word about the 

18  problems with this budget.  And you said so much 

19  concerned you were with the many things wrong 

20  with this capital budget.

21               Are you are advising us, your 

22  Democratic colleagues, to vote against?  Or 

23  you're voting yes?  I heard you're voting yes 

24  after you said you are disturbed?  You're voting 

25  yes, okay.

                                                               1841

 1               SENATOR KRUEGER:   To answer the 

 2  Senator's question, yes, he's correct that he 

 3  heard me say I am voting yes on the bill.  He 

 4  also heard me lay out my concerns that this is 

 5  not enough information and in fact a capital 

 6  budget ought to be more detailed in the projects 

 7  that are going forward so that we, the 

 8  Legislature, and the public can in fact track the 

 9  monies that are being invested, the money being 

10  borrowed by the state and the money being 

11  invested in the state.

12               It is true that the Senator and I 

13  disagree that you can vote yes on a bill while 

14  raising concerns about what's not there or what 

15  is there.  I'm not asking any of my colleagues to 

16  vote with me, I'm simply explaining my own vote.  

17               Thank you, Mr. President.

18               ACTING PRESIDENT GRIFFO:   Thank 

19  you, Senator Krueger.

20               Is there any other Senator wishing 

21  to be heard?  

22               Seeing none, the debate is closed.  

23  The Secretary will ring the bell. 

24               The Secretary will read the last 

25  section.

                                                               1842

 1               THE SECRETARY:   Section 2.  This 

 2  act shall take effect immediately.

 3               ACTING PRESIDENT GRIFFO:   Call the 

 4  roll.

 5               (The Secretary called the roll.)

 6               ACTING PRESIDENT GRIFFO:   Announce 

 7  the results.

 8               THE SECRETARY:   In relation to 

 9  Calendar Number 483, those recorded in the 

10  negative are Senators Adams, Diaz, Duane, Parker, 

11  Rivera, and Stewart-Cousins.

12               Ayes, 54.  Nays, 6.

13               ACTING PRESIDENT GRIFFO:   The bill 

14  is passed.

15               Senator Libous.

16               SENATOR LIBOUS:   Mr. President, at 

17  this time can we take up Calendar Number 482, 

18  please.

19               ACTING PRESIDENT GRIFFO:   The 

20  Secretary will read.

21               Senator Breslin, we're going to 

22  have to do a substitution.

23               THE SECRETARY:   On page 23, 

24  Senator DeFrancisco moves to discharge, from the 

25  Committee on Finance, Assembly Bill Number 9053E 

                                                               1843

 1  and substitute it for the identical Senate Bill 

 2  Number 6253E, Third Reading Calendar 482.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  substitution is so ordered.

 5               THE SECRETARY:   Calendar Number 

 6  482, Budget Bill, Assembly Print 9053E, an act 

 7  making appropriations for the support of 

 8  government.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Breslin, why do you rise?

11               SENATOR BRESLIN:   Thank you, 

12  Mr. President.  

13               I believe there's an amendment by 

14  Senator Hassell-Thompson at the desk.  I ask that 

15  we waive reading of the amendment and allow 

16  Senator Hassell-Thompson to speak on the 

17  amendment.  

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Breslin, upon review of the amendment that is 

20  before the house, in accordance with Rule 6, 

21  Section 4B, I rule the amendment that is at the 

22  desk is unconstitutionally drafted and therefore 

23  out of order.

24               SENATOR BRESLIN:   Mr. President, I 

25  would appeal the ruling of the chair and ask you 

                                                               1844

 1  to allow Senator Hassell-Thompson to explain why 

 2  she disagrees.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  appeal is so noted and Senator Hassell-Thompson 

 5  is allowed to speak on the appeal.

 6               SENATOR HASSELL-THOMPSON:   Thank 

 7  you, Mr. President.

 8               The amendment that I offer today 

 9  would appropriate an additional $25 million to 

10  the Small Business Revolving Loan Fund to create 

11  more economic activity and provide greater access 

12  to capital for Main Street small businesses.  

13  While the economy may be beginning to improve, 

14  the credit market, especially for small 

15  businesses, continues to be restricted.  It is of 

16  vital importance that New York State stays true 

17  to the message of being open for business and 

18  supports the continued growth and viability of 

19  small businesses.

20               The program is targeted to small 

21  businesses that have had difficulty accessing 

22  regular credit markets, and the fund offers both 

23  regular and microloans depending on the business 

24  owner's needs.  Small businesses are the heart of 

25  the American economy, comprising 98 percent of 

                                                               1845

 1  all businesses in New York, and employ more than 

 2  one-half of New York's private-sector workforce.  

 3               Innovation, creativity, 

 4  determination and perseverance are just a few of 

 5  the essential qualities small business owners 

 6  demonstrate every day.  And we should do 

 7  everything that we can to support them and to 

 8  encourage job creation.

 9               While the economy is improving, 

10  there is still a problem for small businesses 

11  getting financing.  Appropriating additional 

12  funds for the Small Business Revolving Loan Fund 

13  is a way to make sure that this lifeline to small 

14  businesses stays open.

15               Thanks to the 2010 passage of the 

16  Business Diversity Act, which has been slow but 

17  gradually has increased in the amount of MWBEs 

18  that are obtaining and participating in state 

19  contracts -- however, one major obstacle that 

20  stands in the way of more MWBEs obtaining state 

21  contracts is their ability to obtain and gain 

22  financing to believe able to complete those 

23  contracts.

24               This bill would help finance 

25  MWBE-performing state procurement contracts.  The 

                                                               1846

 1  additional appropriation is set forth separately 

 2  and distinctly from the original items contained 

 3  in the Executive's appropriation budget 

 4  submission and I believe complies with Article 7, 

 5  Section 4 of the Constitution.

 6               Thank you, Mr. President.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Hassell-Thompson.

 9               The question is on the appeal of 

10  the chair.  All those in favor of overruling the 

11  chair signify by saying aye.

12               (Response of "Aye.")

13               ACTING PRESIDENT GRIFFO:   Opposed?

14               Senator Breslin.

15               SENATOR BRESLIN:   Can we have a 

16  show of hands, please. 

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Breslin has requested a show of hands.  So 

19  ordered.

20               (Senators raised their hands.)

21               ACTING PRESIDENT GRIFFO:   Announce 

22  the results.

23               THE SECRETARY:   Ayes, 24.

24               ACTING PRESIDENT GRIFFO:   The 

25  ruling of the chair stands.

                                                               1847

 1               Senator Breslin.

 2               SENATOR BRESLIN:   Mr. President, I 

 3  believe there's an amendment at the desk by 

 4  Senator Perkins.  I request that the reading be 

 5  waived and that Senator Perkins be allowed to 

 6  speak on the amendment.

 7               ACTING PRESIDENT GRIFFO:   Thank 

 8  you, Senator Breslin.

 9               Again, in accordance with Rule 6, 

10  Section 4B, I have reviewed the amendment before 

11  the desk and do not find it legally or 

12  procedurally effectual.  So accordingly, it is 

13  not appropriately before the house.

14               SENATOR BRESLIN:   Mr. President, I 

15  appeal the ruling of the chair and ask Senator 

16  Perkins to speak on behalf of why he thinks that 

17  ruling is --

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Breslin has asked for a ruling of the chair.  

20  And, Senator Perkins, you may be heard on that 

21  appeal.

22               SENATOR PERKINS:   Thank you very 

23  much, Mr. President.  

24               My amendment to this budget bill is 

25  germane for the following reasons.  Number one, 

                                                               1848

 1  the amendment deals with the same subject matter 

 2  as the underlying budget bill in the following 

 3  respects.  

 4               The proposed amendment would simply 

 5  add an additional $930,000 in tuition assistance, 

 6  a program that is funded in this very bill.  

 7               The amendment neither unreasonably 

 8  expands the object or subject of the underlying 

 9  bill, nor does it change the purpose, scope or 

10  object of the original bill.  

11               The additional appropriation is set 

12  forth separately and distinctly from the original 

13  items contained in the Executive's appropriation 

14  budget submission, and therefore it complies with 

15  Article 7, Section 4 of the Constitution.  

16               For the foregoing reasons, the 

17  amendment I'm offering today is germane to the 

18  bill currently under consideration, and lawful.  

19  Period.

20               ACTING PRESIDENT GRIFFO:   Thank 

21  you, Senator Perkins.

22               The question is on the appeal of 

23  the chair.  All those in favor signify by saying 

24  aye.

25               Senator Breslin.

                                                               1849

 1               SENATOR BRESLIN:   Yes, 

 2  Mr. President, I request a show of hands on the 

 3  amendment.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Breslin has requested a show of hands.  So 

 6  ordered.

 7               (Senators raised their hands.)

 8               ACTING PRESIDENT GRIFFO:   Announce 

 9  the results.

10               THE SECRETARY:   Ayes, 23.

11               ACTING PRESIDENT GRIFFO:   The 

12  ruling of the chair stands.

13               Senator Breslin.

14               SENATOR BRESLIN:   Thank you, 

15  Mr. President.  

16               I believe there's an amendment at 

17  the desk by Senator Stavisky.  I ask that the 

18  reading be waived and that Senator Stavisky be 

19  allowed to speak on the amendment.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Breslin, in accordance again with Rule 6, 

22  Section 4B, I have reviewed the amendment and 

23  find that this amendment is unconstitutionally 

24  drafted and therefore out of order.

25               SENATOR BRESLIN:   Mr. President, I 

                                                               1850

 1  appeal the rule of the chair and ask you to allow 

 2  Senator Stavisky to explain why we believe that 

 3  ruling is incorrect.

 4               ACTING PRESIDENT GRIFFO:   There is 

 5  a request to appeal the ruling of the chair.  

 6               Senator Stavisky, you may be heard 

 7  on that.  Senator Stavisky.

 8               SENATOR STAVISKY:   Thank you, 

 9  Mr. President.

10               This amendment that I introduced 

11  today would restart Foundation Aid for the school 

12  year 2012-2013 at a higher level than in the bill 

13  before us.  It would be tied to additional 

14  Foundation Aid phased in and restorations to the 

15  Gap Elimination Adjustment, with an emphasis on 

16  helping high-needs school districts.

17               Over the past two years, New York's 

18  public schools have lost almost $3 billion.  

19  School districts are forced to eliminate 

20  thousands of teaching positions and reduce or 

21  eliminate various important programs.  

22  Districts have been put through three years of 

23  aid cuts and freezes.  Ninety percent of the 

24  districts are now receiving less state aid than 

25  they were in 2008-2009.  

                                                               1851

 1               And at the same time, the 

 2  districts have had to absorb additional costs for 

 3  pension, health insurance, and other contractual 

 4  agreements.  They have worked hard to keep 

 5  spending down and limit tax increases in the 

 6  budgets that they've asked voters to approve.  

 7  The spending increases in the past two years were 

 8  about half of the increases in the pensions and 

 9  other benefits.

10               The implication is that the 

11  districts cut all their other spending, on 

12  balance, to hold down the tax increases that they 

13  have been forced to approve, and at the same time 

14  cutting school aid.  And as a result, many 

15  districts are using their reserves to cover these 

16  increases.  

17               But eventually the reserves are 

18  going to run out, and therefore we need to do 

19  more to support schools in this state.  And for 

20  that reason, I tried to introduce this amendment.

21               The additional appropriation -- and 

22  you have, Mr. President, the amendment before 

23  you.  It sets forth separately and distinctly 

24  from the original items contained in the 

25  Executive's appropriation, and therefore it 

                                                               1852

 1  complies with Article 7, Section 4 of the State 

 2  Constitution.  

 3               Provisions that may be contained in 

 4  an appropriation bill are limited to those that 

 5  relate specifically to some particular 

 6  appropriation in this budget.  But there is a 

 7  separate provision for an appropriation, and 

 8  therefore it does not violate Pataki v. The 

 9  New York State Assembly.  And this amendment sets 

10  forth a separate line-item appropriation.  

11               Therefore, this amendment is 

12  constitutional.

13               ACTING PRESIDENT GRIFFO:   Thank 

14  you, Senator Stavisky.

15               The question is on the ruling of 

16  the chair and overruling the chair.  All those in 

17  favor -- Senator Breslin.

18               SENATOR BRESLIN:   Yes, 

19  Mr. President, I request a show of hands on the 

20  vote.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Breslin has requested a show of hands.  So 

23  ordered.

24               All those in favor of overruling 

25  the chair please signify by raising your hand.

                                                               1853

 1               (Senators raised their hands.)

 2               ACTING PRESIDENT GRIFFO:   Announce 

 3  the results.

 4               THE SECRETARY:   Ayes, 23.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  ruling of the chair stands.

 7               We are now on the bill before the 

 8  house.

 9               Is there any Senator wishing to be 

10  heard?  

11               Senator Stavisky.  Senator Stavisky 

12  yields to Senator Krueger.

13               Senator Krueger.

14               SENATOR KRUEGER:   Thank you, 

15  Mr. President.  

16               So continuing with some questions 

17  on the Aid to Localities bill, if the sponsor 

18  would yield, please.

19               ACTING PRESIDENT GRIFFO:   The 

20  sponsor yields.

21               SENATOR DeFRANCISCO:   Yes.  I 

22  would.

23               SENATOR KRUEGER:   Thank you very 

24  much.  

25               So again, starting with our newly 

                                                               1854

 1  printed and on our desks Enacted Budget Summary, 

 2  in the Aid to Localities bill there are quite a 

 3  few changes by topic.  But maybe just choosing 

 4  economic development, there's quite a few changes 

 5  or additions in economic development.  

 6               Can you tell me how much additional 

 7  money has been added for economic development 

 8  projects in the Aid to Localities bill in total?  

 9  And I guess to save time, and where we're getting 

10  that money, since we're concurring with the 

11  Executive but we're adding many items.

12               SENATOR DeFRANCISCO:   The total 

13  amount that's added under this bill is 

14  $5 million.  

15               And I just want to kind of respond 

16  to the original comment by Senator Krueger about 

17  the newly copied, just on our desks document 

18  summary.  I assume we're going to hear that each 

19  time she talks.  

20               I just want to remind Senator 

21  Krueger what life was like when there was no 

22  document at all, when no questions were answered 

23  at all, when there was a sheet of paper one page 

24  long that was supposed to be the document that 

25  complied with the 2007 Budget Reform Act.

                                                               1855

 1               So I just wanted to say it once, 

 2  and I hope we don't have to go through that 

 3  preface to every question.  Because this is more 

 4  information than anybody has ever had in years in 

 5  the Senate.  And plus we've had three days that 

 6  these bills have been online for anybody to read 

 7  any way they want to read it.

 8               So with that said, $5 million and 

 9  they're listed in the summary.

10               SENATOR KRUEGER:   Mr. President, 

11  if through you the sponsor would yield.  

12               Because the two years we sat on the 

13  opposite side of the aisle I know that we 

14  provided full reports.  So which years were it 

15  that you didn't get full reports?  

16               SENATOR DeFRANCISCO:   2009 and 

17  2010.  I thought maybe you would remember the 

18  engaging questions and answers between me and the 

19  former Finance chair, Senator Kruger, where I got 

20  no answers, no documents, no anything.

21               SENATOR KRUEGER:   Through you, 

22  Mr. President.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Krueger.

25               SENATOR KRUEGER:   Granted I 

                                                               1856

 1  believe I'm not that Senator Kruger, I'm the 

 2  other Senator Krueger.  But I'm quite sure, 

 3  according to my Finance staff, that we did 

 4  provide these documents.

 5               ACTING PRESIDENT GRIFFO:   So 

 6  noted.

 7               SENATOR KRUEGER:   But nonetheless, 

 8  I'm actually -- I will stop pointing out it's a 

 9  newly printed document because I think I have 

10  made the point.  

11               But there are questions nonetheless 

12  about the budget documents.  Because it is true 

13  we are not doing messages of necessity.  We have 

14  had three days.  And for the record and for the 

15  cameras, I can't lift the bills, but it's this 

16  entire stack on each of our desks.  

17               So I would make the proposal that 

18  even those of us who with full due diligence 

19  attempt to review all of these documents in three 

20  days and attempt to hold these documents up to 

21  the Executive proposed budget, which is --

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Krueger, are you on the bill now?

24               SENATOR KRUEGER:   I guess I am on 

25  the bill.

                                                               1857

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Krueger on the bill.

 3               SENATOR KRUEGER:   Thank you.  

 4               SENATOR DeFRANCISCO:   Would 

 5  Senator Krueger yield to a question?  

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Krueger, would you yield to a question?  

 8               SENATOR KRUEGER:   I will if I can 

 9  just finish my thought of what I was saying.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Krueger on the bill.

12               SENATOR KRUEGER:   Thank you.  And 

13  then I will be happy to yield to my colleague.

14               I guess my point was it is true, 

15  happily there are no messages of necessity, we 

16  are allowing bills to age the full three days.  

17  But for the record and for the public, who may 

18  not always understand the process, these are the 

19  budget bills we are dealing with today.  It's 

20  approximately a foot stack of paper, 

21  double-sided.  The original Executive Budget was 

22  an equivalent-sized set of documents.  Oh, and 

23  we're not doing all of the budget bills, we did 

24  some of them earlier, so it's a higher stack.

25               And so the assignment is in fact to 

                                                               1858

 1  try to compare how these documents today compare 

 2  to the original proposed budget of the Governor.  

 3  It is a complex situation, I think everyone 

 4  agrees.  

 5               And so in fact the value of having 

 6  a summary report, summary materials, open 

 7  discussion when we're not on the floor and when 

 8  we are on the floor, is for any and all of us to 

 9  ask questions and have a better understanding of 

10  what are in these documents, how do these 

11  documents compare to another giant set of 

12  documents, and to make the best decisions we can 

13  on behalf of the State of New York, even when we 

14  may find there are things we agree with in any 

15  given document and disagree with in any given 

16  document.  

17               Which is why a budget summary that 

18  actually does a comparison between what the 

19  Governor's Executive proposals were and what the 

20  final budget bills we're looking at is so 

21  valuable, because in fact, only speaking for 

22  myself, I find the detail in a document more this 

23  size a little easier to review and summarize and 

24  cross-check than two giant piles of double-sided 

25  budget bills.

                                                               1859

 1               And now I'm happy to answer 

 2  questions from my colleague.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  DeFrancisco, do you wish to continue to 

 5  question?  

 6               SENATOR DeFRANCISCO:   There's no 

 7  point.  I'll waive my question, because I've had 

 8  a request that I be able to make an announcement 

 9  unrelated to the budget in view of some recent 

10  arrivals.  

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Krueger, you have completed, correct, your -- on 

13  the bill? 

14               SENATOR KRUEGER:   Oh, no, I did 

15  have other questions, but I would be happy to 

16  yield to an announcement.

17               ACTING PRESIDENT GRIFFO:   Senator 

18  Skelos for an announcement.

19               SENATOR SKELOS:   Mr. President, 

20  can we have unanimous consent for Senator 

21  DeFrancisco to make a statement on a previously 

22  adopted resolution.

23               ACTING PRESIDENT GRIFFO:   Without 

24  objection, unanimous consent is granted.  

25               Senator DeFrancisco, you may be 

                                                               1860

 1  heard.

 2               SENATOR DeFRANCISCO:   Yes, thank 

 3  you, Mr. President.

 4               We are in the process of doing 

 5  budget bills, so we don't have much time to 

 6  recognize the group that's here.  We have passed 

 7  a resolution on a previous session for the 

 8  Baldwinsville Central School District Marching 

 9  Band, all 100 of them.  

10               And it's perfect that you're here 

11  today because we're going to do the budget 

12  earlier this year, like we did last year, and 

13  it's only appropriate that we have a marching 

14  band to announce that throughout the Capitol.  So 

15  at 1:15 they're going to be in the Concourse and 

16  playing music.  Maybe we can hear them from 

17  here.  

18               But it's wonderful that they came.  

19  There's a hundred of them, that's why it took a 

20  little time to get them in.  But let me just tell 

21  you one thing about them.  

22               They won a national competition, 

23  and that competition was around the Gator Bowl 

24  in -- was it Jacksonville, Florida?  And they 

25  were the national champions in this, and they got 

                                                               1861

 1  to play before the Gator Bowl, I think it was 

 2  December 31st, is that correct?  

 3               And they also won individual first 

 4  place for best drum major, best percussion, best 

 5  guard, best marching, best general effect, and 

 6  best music and best just about everything.

 7               So we passed this resolution.  Each 

 8  of you will get a copy.  Congratulations.  And I 

 9  understand you're all excellent students as well, 

10  and you're going to be our future leaders.  

11               And we really appreciate your being 

12  here.  And maybe if we could move this along a 

13  little bit, we could be down there at 1:15 to 

14  listen to you.  And thank you for joining us.

15               (Applause.)

16               ACTING PRESIDENT GRIFFO:   We 

17  welcome the students, the marching band from 

18  Baldwinsville High School.  We extend to you a 

19  warm welcome and the courtesies of the Senate.  

20  Congratulations and welcome.

21               (Applause.)

22               ACTING PRESIDENT GRIFFO:   We will 

23  return to the bill at hand.

24               Senator Krueger, have you 

25  completed?  

                                                               1862

 1               SENATOR KRUEGER:   I am going to 

 2  first defer to my colleague Senator Stavisky.

 3               ACTING PRESIDENT GRIFFO:   Senator 

 4  Stavisky.

 5               SENATOR STAVISKY:   Thank you, 

 6  Mr. President.  If the Senator would yield.

 7               SENATOR DeFRANCISCO:   Yes.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  DeFrancisco yields.

10               SENATOR STAVISKY:   First let me 

11  ask you ask the questions on higher education and 

12  then on education itself.

13               The Senate bill, the resolution 

14  that we passed in this house, swept the CUNY and 

15  SUNY funds to make restorations.  Literally, SUNY 

16  and CUNY -- didn't SUNY and CUNY pay out of their 

17  own budgets for these restorations?

18               SENATOR DeFRANCISCO:   No.

19               In this bill, though, nothing was 

20  swept from SUNY or CUNY.

21               SENATOR STAVISKY:   In other words, 

22  SUNY and CUNY did not have to pay out of their 

23  own budgets for the restorations?  

24               SENATOR DeFRANCISCO:   We proposed 

25  that in our-house, but that's not how it 

                                                               1863

 1  ultimately turned out.

 2               SENATOR STAVISKY:   That was not in 

 3  the final.

 4               SENATOR DeFRANCISCO:   That's 

 5  correct.

 6               SENATOR STAVISKY:   Thank you.  

 7               Mr. President, if the Senator would 

 8  yield.

 9               ACTING PRESIDENT GRIFFO:   The 

10  Senator yields.

11               SENATOR STAVISKY:   I must tell 

12  you, I was delighted that the budget, both in the 

13  Senate and Assembly resolutions, called for 

14  increases in base aid to community colleges both 

15  for SUNY and CUNY.

16               However, in the community college 

17  childcare centers, that money was restored, but 

18  it appears that in subsequent years both SUNY and 

19  CUNY will be required to provide a 35 percent 

20  match, and I think the wording that's used is 

21  from nonstate sources.  Is that correct?  And can 

22  you explain what a nonstate source is?  

23               SENATOR DeFRANCISCO:   It's a 

24  source other than the State of New York.  It 

25  could be donations, it could be contributions by 

                                                               1864

 1  the individuals who are using the childcare 

 2  services.  It's just not state revenues.

 3               SENATOR STAVISKY:   Would TANF 

 4  funds be included as a nonstate source?  

 5               SENATOR DeFRANCISCO:   I guess it's 

 6  federal money that's just coming through the 

 7  state government.  My opinion would be that it 

 8  would be nonstate funds.

 9               My opinion would be it would be 

10  nonstate funds, because the TANF funds come from 

11  the federal government and we're just funneling 

12  them through.  But that's my opinion of it.

13               SENATOR STAVISKY   If TANF money is 

14  not available, and I know obviously these are 

15  federal funds, who is going to pay -- what if the 

16  student doesn't have the 35 percent?  Who is 

17  going to pay that 35 percent?  Are the localities 

18  going to pay it?  

19               SENATOR DeFRANCISCO:   No.  Then 

20  they apparently will not be able to use the 

21  services.  

22               There's many universities and 

23  colleges that don't have any childcare.  I think 

24  this is something the state is providing 

25  65 percent of the childcare funding.  I think 

                                                               1865

 1  that's a wonderful benefit.  It's more than 

 2  half -- the glass is more than half full.  It's 

 3  just that at some point you don't have enough 

 4  money to do everything for all people.

 5               SENATOR STAVISKY:   Through you, 

 6  Mr. President.

 7               ACTING PRESIDENT GRIFFO:   The 

 8  sponsor yields.

 9               SENATOR STAVISKY:   There are 

10  students, older students with children who are 

11  returning either because of personal 

12  circumstances, the job market, or for whatever 

13  reason, and they need a place to leave their 

14  children so that they can return to school and 

15  pursue a degree and perhaps get a better job, and 

16  they don't have the match in private money.  

17  These students, then, will be forced out of 

18  college, is that correct?  

19               SENATOR DeFRANCISCO:   I don't 

20  think so.  I think people are extremely 

21  resourceful.  If someone wants a college 

22  education and they're being provided with certain 

23  benefits, whether it's TAP, whether it's more aid 

24  to the community colleges like we're giving, or 

25  in this case 65 percent of the cost, that's a 

                                                               1866

 1  benefit.  I think if that student truly wants to 

 2  get through college he'll find -- he or she would 

 3  find a way.  

 4               And I'm just happy that we're able 

 5  to provide the 65 percent.  Many people are 

 6  losing their jobs that have low incomes.  They 

 7  can't -- they're in the same box, they're in the 

 8  same problem.  So I just think we cannot provide 

 9  all for everybody.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Stavisky.

12               SENATOR STAVISKY:   If the Senator 

13  would continue to yield.

14               SENATOR DeFRANCISCO:   Yes.

15               ACTING PRESIDENT GRIFFO:   The 

16  Senator yields.

17               SENATOR STAVISKY:   On the Aid to 

18  Localities portion that deals with the state aid 

19  formula.  In my budget amendment, which was ruled 

20  unlawful, the Governor provided for $289 million 

21  for restoration of the gap elimination 

22  adjustment.  How much does this bill include as a 

23  restoration in that Gap Elimination Adjustment?  

24               SENATOR DeFRANCISCO:   It's an 

25  additional $110 million.  The additional funds of 

                                                               1867

 1  approximately $200 million were directed by this 

 2  formula, but $110 million was for what you had 

 3  asked about.  About 75 percent of this additional 

 4  amend of money were used for low-wealth, 

 5  high-need districts.

 6               SENATOR STAVISKY:   If the Senator 

 7  would yield.

 8               SENATOR DeFRANCISCO:   Yes.

 9               SENATOR STAVISKY:   The Governor's 

10  restoration provided for 76 percent of the total 

11  restoration for high-needs school districts.  

12  What percentage of this GEA restoration goes to 

13  the high-needs districts in the bill before us?

14               SENATOR DeFRANCISCO:   I can't 

15  break it down by GEA.  But I can tell you 

16  overall, 71 percent goes to high-needs, 

17  low-wealth districts.

18               SENATOR STAVISKY:   In other words, 

19  it's less than the Executive --

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Stavisky, are you asking --

22               SENATOR STAVISKY:   Yes, I am.

23               SENATOR DeFRANCISCO:   It's less a 

24  percentage, more dollars.  Each district under 

25  the formula would get more dollars.  But instead 

                                                               1868

 1  of 76 percent that the Governor had, it's 

 2  71 percent.

 3               SENATOR STAVISKY:   If the Senator 

 4  would continue.

 5               SENATOR DeFRANCISCO:   Yes.

 6               SENATOR STAVISKY:   Can you break 

 7  it down in terms of high wealth or low wealth or 

 8  average school districts?  

 9               SENATOR DeFRANCISCO:   You know, I 

10  can.  I think I got that.  Surprisingly, I can 

11  answer that question.

12               SENATOR STAVISKY:   Well, that's 

13  why I asked the question.

14               SENATOR DeFRANCISCO:   I do have a 

15  chart here that was prepared for me, if I can 

16  find it.

17               The Big Five districts -- excuse 

18  me.  Where is it?  Well, the increase per pupil 

19  by need, the Big Five, the average increase per 

20  pupil was $318.  High-need urban and suburban 

21  districts, the average was about $400.  High-need 

22  rural, about $470.  And average need, $233 per 

23  student.  And low need, $89 per student.

24               So I don't know the percentages, 

25  but that's per student what the increases were.

                                                               1869

 1               SENATOR STAVISKY:   If the Senator 

 2  would continue to yield.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Senator yields.

 5               SENATOR STAVISKY:   Obviously 

 6  you're aware that the wealth behind each child in 

 7  a high-wealth district is something in the 

 8  neighborhood of $2.5 million, and in a low-wealth 

 9  district it's approximately $151,000.

10               Does the Foundation Aid satisfy the 

11  needs in terms of equity?  In other words, are we 

12  meeting the needs of the poor rural, the poor 

13  urban districts in the same way that we're 

14  satisfying the average student needs?

15               SENATOR DeFRANCISCO:   Well, equity 

16  is in the eyes of the beholder.  I imagine the 

17  school districts that are only under our new 

18  money getting $90 a student might not think it's 

19  equitable when a high-need rural district gets 

20  $470 more money per pupil.

21               So I guess this is a negotiated use 

22  of the additional $200 million.  From my 

23  perspective, I think it's an equitable way to 

24  provide the funding.  But if you're getting less 

25  than you want, I guess you'll think it's 

                                                               1870

 1  unequitable.

 2               SENATOR STAVISKY:   If the Senator 

 3  would continue to yield.

 4               SENATOR DeFRANCISCO:   Yes.

 5               SENATOR STAVISKY:   Let's switch to 

 6  the area of the Governor's performance grants 

 7  proposal.  Is there a proposal -- obviously -- 

 8  how much funding are we talking about in the 2013 

 9  budget, in the outyear?  The 2013 Governor's 

10  performance grants appropriations.

11               SENATOR DeFRANCISCO:   This year 

12  it's $50 million, which is basically a 

13  reappropriation from last year's budget.  It's at 

14  $115 million -- 125 in the outyear that you asked 

15  about.

16               SENATOR STAVISKY:   In addition to 

17  the Governor's performance grants --

18               SENATOR DeFRANCISCO:   Let me just 

19  add something.  Not that I'm suggesting that 

20  we're going to do this, but presumably if there's 

21  $125 million in an outyear and there's another 

22  budget cycle that's going to take place, then 

23  things could change just like they are changing 

24  this year.

25               SENATOR STAVISKY:   If the Senator 

                                                               1871

 1  would continue to yield.

 2               SENATOR DeFRANCISCO:   Yes.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Senator yields.

 5               SENATOR STAVISKY:   Do you know how 

 6  many school districts of the 700-some-odd school 

 7  districts in New York State, how many have 

 8  applied for these grants?  

 9               SENATOR DeFRANCISCO:   I don't 

10  know, but I know the argument.  I know no money 

11  has gone out the door.  And I know the argument 

12  that many districts won't qualify, many districts 

13  will never be able to get great performance 

14  grants because they don't believe they have 

15  enough funding.  And that was the whole argument 

16  why $200 million was transferred.

17               Again, as I mentioned before, I 

18  think we can reevaluate this plan for the outyear 

19  of $150 million just like we reevaluated the plan 

20  here to see what's in the pipeline, whether 

21  districts are being treated fairly in being able 

22  to apply, and then see what happens in the next 

23  year's budget.  

24               But this was a negotiated solution 

25  to get the $200 million into the budget this 

                                                               1872

 1  year.

 2               SENATOR STAVISKY:   If the Senator 

 3  would yield.

 4               SENATOR DeFRANCISCO:   Yes.

 5               SENATOR STAVISKY:   Are there any 

 6  other groups such as BOCES or charter schools or 

 7  libraries that have applied for these challenge 

 8  grants?

 9               SENATOR DeFRANCISCO:   I don't 

10  know.  I don't know.

11               SENATOR STAVISKY:   If the Senator 

12  would continue.

13               SENATOR DeFRANCISCO:   Yes.

14               SENATOR STAVISKY:   Does the budget 

15  bill include an increase in state aid associated 

16  with the Foundation Aid?

17               SENATOR DeFRANCISCO:   I'm not sure 

18  I understand the question.  Would you try again?

19               SENATOR STAVISKY:   Let me go into 

20  another area which I'm concerned about, and 

21  that's the $20 million appropriation for bullet 

22  aid.  Can you tell us how bullet aid was 

23  allocated last year, and can you compare it to 

24  the allocation this year?  

25               SENATOR DeFRANCISCO:   The 

                                                               1873

 1  $20 million is in the budget because the budget 

 2  is not perfect -- excuse me, the State Ed 

 3  education formula is not perfect and in some 

 4  instances there are inequities in certain school 

 5  districts.  And the purpose of the $20 million, 

 6  which includes both the Senate and the Assembly, 

 7  is that correct -- no, it just goes to the 

 8  Senate -- is to try to resolve those inequities.

 9               SENATOR STAVISKY:   If the Senator 

10  would continue to yield.

11               ACTING PRESIDENT GRIFFO:   The 

12  Senator yields.

13               SENATOR DeFRANCISCO:   Yes.

14               SENATOR STAVISKY:   On page 179 and 

15  180 there's language included as part of the 

16  appropriation for bullet aid that would require 

17  the Senate to act on a resolution.  Does the 

18  Assembly have to approve this resolution, or is 

19  this sufficient for the Senate?  

20               SENATOR DeFRANCISCO:   It's 

21  sufficient for the Senate.  Because the Assembly 

22  also has some money for smoothing out the 

23  formula, this bullet aid, and they would 

24  presumably have to pass their own resolution.

25               SENATOR STAVISKY:   Can you tell us 

                                                               1874

 1  when the resolution is going to be presented?

 2               SENATOR DeFRANCISCO:   I can't.  

 3  Because I imagine we'll be learning what the 

 4  inequities are and be learning what the problems 

 5  are from the various representatives.  And at 

 6  that time, once we know all the problems, at that 

 7  point there will be a resolution to vote on as to 

 8  how that money should be distributed.

 9               SENATOR STAVISKY:   Since the 

10  resolution only needs Senate approval and not the 

11  Assembly approval, the Budget Reform Act of 2007 

12  required both houses to concur in passing these 

13  resolutions.  Wouldn't this violate the Budget 

14  Reform Act of 2007?

15               SENATOR DeFRANCISCO:   No, because 

16  we are -- both houses will be passing the budget, 

17  which will have the dollars in it.  And the 

18  budget does say that it will be allocated by 

19  resolution.

20               So the Budget Reform Act deals with 

21  the passage of the budget, not other items that 

22  implement the terms of the budget.

23               SENATOR STAVISKY:   If the Senator 

24  would continue to yield.

25               ACTING PRESIDENT GRIFFO:   The 

                                                               1875

 1  Senator yields.

 2               SENATOR STAVISKY:  Doesn't the 

 3  Budget Reform --

 4               SENATOR DeFRANCISCO:   Let me just 

 5  add something.  I didn't know this, and I had 

 6  forgotten about it.  Last year there was a 

 7  similar situation -- you asked about last year -- 

 8  where the budget required a joint resolution from 

 9  the Assembly and the Senate, and the Assembly 

10  never passed that resolution.  And it caused 

11  substantial problems in getting those funds to 

12  where they were needed.  So that's why it was 

13  separated between the two this year.

14               SENATOR STAVISKY:   But -- if the 

15  Senator would continue to yield.

16               ACTING PRESIDENT GRIFFO:   The 

17  Senator yields.

18               SENATOR DeFRANCISCO:   Yes.

19               SENATOR STAVISKY:   Doesn't that 

20  prove the point that a joint -- that it would 

21  have to be approved in both houses in order to 

22  satisfy the mandates of the Budget Reform Act of 

23  2007?  

24               SENATOR DeFRANCISCO:   No, it 

25  doesn't.  Because last year the budget that was 

                                                               1876

 1  passed in accordance with the 2007 Budget Reform 

 2  Act required those both houses to pass that 

 3  resolution.  This budget has different language.  

 4  It provides for the Senate to pass the resolution 

 5  pertaining to their bullet aid and the Assembly 

 6  too to pass theirs related to their bullet aid.

 7               So by passing this budget, that new 

 8  procedure will be adopted for this year.

 9               SENATOR STAVISKY:   If the Senator 

10  would continue to yield.

11               SENATOR DeFRANCISCO:   Yes.

12               SENATOR STAVISKY:   I have a 

13  problem with bullet aid, because to me there's no 

14  equity here, it's another example of aid to those 

15  with the most power.  

16               And if the Senator would answer -- 

17  I'm sorry.  I'm sorry.  On what basis do you 

18  anticipate the allocation of bullet aid?  Is it 

19  going to be based on need?

20               SENATOR DeFRANCISCO:   It's going 

21  to be based upon a resolution that will be 

22  presented by the majority party for review and 

23  passage or defeat by the entire Senate.

24               SENATOR STAVISKY:   I'm sorry, I 

25  didn't hear that last sentence.

                                                               1877

 1               SENATOR DeFRANCISCO:   The way it's 

 2  going to be distributed is a resolution will be 

 3  prepared by the Majority Leader and the majority 

 4  party to be presented to the entire Senate for a 

 5  vote.

 6               But the purpose, as I mentioned 

 7  before, is to try to ease the pain in those 

 8  districts that have substantially more problems 

 9  than other districts.

10               SENATOR STAVISKY:   My question was 

11  the basis on which it is awarded.  And I guess 

12  you've answered that question.

13               I have one more area that I would 

14  like to question, if the Senator would yield.

15               SENATOR DeFRANCISCO:   Yes.

16               ACTING PRESIDENT GRIFFO:   The 

17  Senator yields.

18               SENATOR STAVISKY:   Taking this Aid 

19  to Localities Budget in its entirety, does it 

20  satisfy the court requirements of the Campaign 

21  for Fiscal Equity?  And if so, how?

22               SENATOR DeFRANCISCO:   Well, I 

23  don't know the answer to that question because 

24  there's been a ruling of the court on that 

25  Campaign for Fiscal Equity several years ago, and 

                                                               1878

 1  I don't think the amounts that were contemplated 

 2  by that court decision ever have really been 

 3  accomplished.

 4               So I don't -- I didn't check this 

 5  budget against that particular court ruling, but 

 6  ultimately the Legislature can only provide what 

 7  it's got and provide it in the fairest way it 

 8  could possibly provide it.  

 9               So whether it technically satisfies 

10  what the court contemplated, I'm not sure.  But I 

11  don't think it ever has.

12               SENATOR STAVISKY:   Then my last 

13  question is, is it moving toward the target that 

14  the court has set for us?

15               SENATOR DeFRANCISCO:   I think so.  

16  Because what we're doing, even by the additional 

17  $200 million, we're driving more towards 

18  low-wealth, high-needs districts.  And as we keep 

19  going, moving in that direction, I think we're 

20  getting closer to the intent of the court 

21  decision.

22               SENATOR STAVISKY:   And you're 

23  suggesting that bullet aid also helps in that 

24  direction?

25               SENATOR DeFRANCISCO:   Hopefully.

                                                               1879

 1               SENATOR STAVISKY:   Thank you.  And 

 2  thank you for your patience.

 3               SENATOR DeFRANCISCO:   Yes, no 

 4  problem.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Rivera.

 7               SENATOR RIVERA:   Thank you, 

 8  Mr. President.  On the bill.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Rivera on the bill.

11               SENATOR RIVERA:   I wanted to stand 

12  up, Mr. President, and talk about a couple of 

13  issues that are in this bill.  I will be 

14  supportive of this piece of the budget for a 

15  couple of different reasons.  

16               First of all, I'll talk about SNUG 

17  funding.  SNUG is a program that exists across 

18  the state.  It was started in Chicago a few years 

19  ago as a way to deal with gun violence.  It has 

20  proven to be very effective in Chicago, it has 

21  come to New York and exists both in Yonkers and 

22  Niagara Falls and a couple of different places 

23  around the state.

24               We put $1 million in the budget to 

25  be able to fund SNUG in the State of New York.  

                                                               1880

 1  I'm very -- I think that that is a good thing.  

 2  It helps us to deal with gun violence in 

 3  different parts of the state.

 4               Still, I would make the approach to 

 5  the Executive that we need to make sure that this 

 6  happens in the Bronx.  We don't have a SNUG 

 7  program right now in the Bronx.  And I know that 

 8  there's many members of the Democratic Conference 

 9  that believe the same thing, particularly my 

10  colleagues in the Bronx.  We need to make sure 

11  that it comes here.  

12               But that is one thing that happens 

13  in this budget that I am supportive of.

14               Second, we restored the 

15  Neighborhood and Rural Preservation Programs, the 

16  NPP and the RPP programs.  Both of those are 

17  incredibly important across the State of New 

18  York, all the way from Senator Young's 

19  district -- because she's made clear many times 

20  that it is a very important part of the rural 

21  parts of the state -- and the NPP program is very 

22  important in parts of the state downstate.

23               We were able to take those programs 

24  and put them back in the budget.  I am 

25  appreciative of that.  We should have more 

                                                               1881

 1  funding for housing preservation, but this 

 2  funding was restored.  I think that is a positive 

 3  thing that we did in this budget.

 4               Domestic violence programs.  There 

 5  was restoration through DCJS for domestic 

 6  violence programs, for civil and legal services 

 7  for victims of domestic violence and for 

 8  Family Court domestic violence services, all of 

 9  which were not in the -- you know, I'm glad that 

10  through negotiations between the two chambers and 

11  the Governor's office we were able to put this 

12  back.  This restoration is incredibly important 

13  for families all across the state.

14               I'm also very happy that there is 

15  an establishment for an Office of New Americans 

16  in this budget.  It is an office that will exist 

17  within the Department of State in the Executive.  

18               And the purpose of this office is 

19  to engage legal permanent residents across 

20  New York and certainly in the northwest Bronx 

21  that I represent, make sure that we can expand 

22  access to much-needed English language education 

23  services and citizenship services.  

24               It is an office that is going to be 

25  dedicated to reaching out to new immigrant 

                                                               1882

 1  communities, much like the Bangladeshi community 

 2  that we had in this chamber just earlier today, 

 3  and making sure that, in particular, new American 

 4  business owners and entrepreneurs have access to 

 5  services in the Executive.

 6               So this office that will be created 

 7  in the Department of State, I am very much 

 8  looking forward to its creation and looking 

 9  forward to working with the Department of State 

10  so that it can serve folks in the northwest 

11  Bronx, my constituents in the northwest Bronx.

12               As far as higher education is 

13  concerned, I have two CUNY campuses in my 

14  district, both Lehman College and Bronx Community 

15  College.  

16               While I continue to be concerned, 

17  as Senator Stavisky expressed, about the fact 

18  that we are, I believe, not making a true 

19  commitment from the state to what is public 

20  higher education -- I believe that we need to 

21  make public universities less dependent on the 

22  tuition of individual students and more on state 

23  funding.  So while I will continue to make the 

24  argument that we need to fund them at a higher 

25  level, I am glad that we were able to increase 

                                                               1883

 1  state aid from $178 million to $184 million.  It 

 2  is a modest increase but certainly one that is a 

 3  positive.  

 4               I do say again that I am concerned 

 5  that when we include language that says that in 

 6  future years these universities will have to rely 

 7  on nonstate resources -- this is the discussion 

 8  that Senator Stavisky and Senator DeFrancisco had 

 9  a bit earlier.  I am concerned when we insert 

10  that language into the budget, it makes it harder 

11  for us to make sure that we fund these 

12  institutions as the public higher education 

13  institutions that they are.

14               On K-12 education, there has been 

15  discussions about the competitive grants.  I was 

16  certainly disappointed that at the beginning of 

17  this process there was an allocation of 

18  $250 million on these performance-based grants.  

19  But I definitely want to credit, on the record, 

20  the parents, the students and the teachers who 

21  visited legislators, who visited Albany and 

22  pushed hard to make sure that we would get -- 

23  that not all this money would be allocated to 

24  competitive grants.  

25               Negotiations brought $200 million 

                                                               1884

 1  of that back into the General Fund and general 

 2  state aid, and I'm very, very glad that we were 

 3  able to do that.  Because I do not believe that 

 4  competitive grants should be a substitute for 

 5  school aid, particularly when, as we've discussed 

 6  before, the neediest school districts, you know, 

 7  are not likely to win competitive grants, which 

 8  makes them less likely to be successful in the 

 9  future.

10               So finally, I think that there's 

11  many things in this part of the budget that maybe 

12  we could have done a little bit more, but 

13  certainly addressed a lot of the concerns for 

14  folks in my district, in the northwest Bronx and 

15  across the State of New York.  And I will be 

16  voting in the affirmative on this piece of 

17  legislation.

18               Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Rivera.

21               Senator Addabbo.

22               SENATOR ADDABBO:   Thank you, 

23  Mr. President.  Briefly on the bill.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Addabbo on the bill.

                                                               1885

 1               SENATOR ADDABBO:   I rise to 

 2  support today the Aid to Localities Budget bill.  

 3  It provides essential funding for our schools 

 4  throughout the state, including New York City.  

 5  It provides for the first Foundation Aid phase-in 

 6  since 2008-2009.  It continues the Contract for 

 7  Excellence requirement for the City of New York, 

 8  which should encourage the city to honor its 

 9  obligation toward our students.  

10               The school aid run provides an 

11  overall increase of $292 million for the City of 

12  New York.  And the city will receive a 

13  Foundation Aid increase of $47 million, which 

14  restarts a process that was started by advocates 

15  and parents in New York City back in the early 

16  1990s.  

17               I also support the increase of 

18  $4 million to our libraries.  Given the increase 

19  in use of our libraries for everyone throughout 

20  the state, this is a much-needed funding and 

21  important contribution for those who work in the 

22  libraries and use our libraries.

23               The $7 million increase in the 

24  funding for the comprehensive attendance programs 

25  will help the nonpublic schools meet their 

                                                               1886

 1  burden, their financial burden throughout the 

 2  state, and again will help the nonpublic schools 

 3  reach their increasing financial burden.

 4               Mr. President, in closing, 

 5  education is an extremely important issue for our 

 6  residents throughout the state.  These 

 7  restorations and the Foundation Aid increase 

 8  should continue to assist the school districts in 

 9  their rising costs and the student needs.  

10               I'm grateful to have been a part of 

11  the Education Conference Committee.  I wish well 

12  our Senator, Suzi Oppenheimer, and her speedy 

13  recovery.  And again standing in for her, those 

14  are big shoes to fill on the Education Conference 

15  Committee, so I do wish her well.

16               I want to thank the Education 

17  chair, Senator Flanagan, for his work and the 

18  work of all the staff on the education portion of 

19  our state budget.  And I will be voting aye.  

20               Thank you, Mr. President.

21               ACTING PRESIDENT GRIFFO:   Thank 

22  you, Senator Addabbo.

23               Senator Espaillat.

24               SENATOR ESPAILLAT:   Yes, 

25  Mr. President, on the bill.

                                                               1887

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Espaillat on the bill.

 3               SENATOR ESPAILLAT:   Yes, 

 4  Mr. President.  

 5               Last year I voted against the 

 6  Education bill because I felt that it leveled 

 7  very serious budget cuts on an educational system 

 8  in the City of New York which cries out for 

 9  additional funding.

10               This year, however, I rise in 

11  support of this Aid to Localities Budget for 

12  several reasons.  First, because the school aid 

13  formula, for the first time it provides an 

14  increase, a down payment of $111 million that 

15  hopefully will serve to restart the multiyear 

16  plan to fulfill our promise with the Campaign for 

17  Fiscal Equity lawsuit, a lawsuit that was started 

18  in my district over 15 years ago.

19               Second, the school aid formula 

20  gives particular attention to the need of limited 

21  English proficiency students, the LEP students.  

22  Foundation Aid also recognizes LEPs, and the new 

23  phase-in recognizes LEPs.  The Governor's 

24  original restoration formula and the additional 

25  restoration formula also recognize the LEP 

                                                               1888

 1  students.  So this is a good measure that I am 

 2  very much in support of.

 3               Additionally, community 

 4  colleges are also receiving an increase in base 

 5  aid.  Community colleges are the backbone of 

 6  higher education and the front line in the fight 

 7  to educate our students.  In many cases community 

 8  colleges continue to be a window of opportunity 

 9  for many folks that find themselves unemployed 

10  during this economic crisis.  The $150 per 

11  full-time student increase will assist community 

12  colleges in reducing some of the financial 

13  burdens on their students.

14               Fourthly, the opportunity programs 

15  funded through the State Education Department are 

16  restored.  HEOP, STEP, C-STEP and the Liberty 

17  Partnership Programs help economically 

18  disadvantaged students realize the dream of 

19  higher education and expanded opportunities in 

20  different fields.

21               Let me just say that whereas this 

22  budget provides increased help in education, both 

23  elementary school, intermediate school, high 

24  school, and college education, it fails to do one 

25  thing, Mr. President.  It fails to include the 

                                                               1889

 1  DREAM Act.  

 2               And although I recognize that the 

 3  DREAM Act is a separate piece of legislation that 

 4  is carried in different forms, one by Senator 

 5  Perkins and myself in this house, I am hopeful 

 6  that it will be our highest priority when we come 

 7  back from recess.

 8               I will be voting in support of this 

 9  bill, and I do really hope that when we come back 

10  we'd add that additional piece that was left out, 

11  the DREAM Act that will help thousands of 

12  undocumented young people have access to higher 

13  education.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Smith.

16               SENATOR SMITH:   Thank you, 

17  Mr. President.  On the bill.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Smith on the bill.

20               SENATOR SMITH:   As Senator Rivera 

21  spoke earlier, I too am pleased that the 

22  agreement was made to continue to support the 

23  SNUG program, which has been very effective 

24  throughout the state.  I do hope that as we move 

25  forward with the rest of this year there is 

                                                               1890

 1  opportunity for the Bronx to be added to that 

 2  program.

 3               As you know, Mr. President, I am 

 4  one who continually will champion the importance 

 5  of One New York.  However, over the last several 

 6  budget cycles there has been a consistent level 

 7  of performance not to provide AIM to the City of 

 8  New York.  

 9               And I believe that while there has 

10  been some discussion around the Medicaid 

11  absorption increased cost over the next three 

12  cycles that the state will do for localities, 

13  there's been some discussion that that would seek 

14  to mitigate the challenge of no AIM money to 

15  New York City, I would hope, in the spirit of 

16  fairness as we move forward, that we would begin 

17  to recognize that New York City is part of the 

18  entire state.  And in the spirit of One New York 

19  that we recognize the resources that New York 

20  City gives to the State of New York and in turn 

21  should be returned to New York as well.

22               So there are good things in this 

23  particular budget.  I do hope that we do more 

24  with SNUG, we do more with the AIM for New York.  

25               And finally, Mr. President, as one 

                                                               1891

 1  who was part of an area that was ground zero for 

 2  the foreclosure area, I know there is $9 million 

 3  in there for foreclosure.  I know they are 

 4  looking at the Attorney General's success in 

 5  another $15 million.  

 6               But I would hope that we recognize 

 7  the significance of the foreclosure challenge in 

 8  this state and, as we move forward with some of 

 9  our cleanup bills before the end of the year, as 

10  we look to do some corrective measures before now 

11  and the end of the year, that we recognize the 

12  fungibility within this budget and move to 

13  appropriate in some other categories, such as the 

14  foreclosure issue in this budget.  

15               Thank you, Mr. President.

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Diaz.

18               SENATOR DIAZ:   Thank you, 

19  Mr. President.  On the bill.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Diaz on the bill.

22               SENATOR DIAZ:   Before, this is the 

23  third -- this is number three, Mr. President, out 

24  of seven that we are doing today.  This one is 

25  called Aid to Localities.  

                                                               1892

 1               And I asked before, why are we 

 2  asking questions.  And the answer, I said to 

 3  myself, maybe because we don't know.  If we don't 

 4  know, then we vote no.

 5               Before, a few minutes ago, Senator 

 6  Krueger mentioned the bigger -- what we're 

 7  dealing with today.  And Senator Krueger even 

 8  said that it's impossible for us to understand 

 9  and to read those things.  

10               This thing, ladies and gentlemen -- 

11  ladies and gentlemen, this thing today, this is 

12  bigger than Obamacare.  Obamacare is 2700 pages.  

13  And for one year already, almost a year, and 

14  people don't even understand or know throughout 

15  the state and throughout the Congress what 

16  Obamacare entails.

17               So they want to us read this in two 

18  days and understand all of this and vote on 

19  this.  It's impossible for anyone to read this in 

20  two days and understand everything.

21               However, I know, Mr. President and 

22  ladies and gentlemen, even as Adriano Espaillat 

23  said, that this section, Aid to Localities, do 

24  not include the DREAM Act.  Even through Adriano 

25  says that it could be another bill, a separate 

                                                               1893

 1  bill.  No.  This is something that was supposed 

 2  to be fought and supposed to be -- do everything 

 3  possible to be included here.  It's not 

 4  included.  

 5               The DREAM Act, ladies and 

 6  gentlemen, is not included in this piece of 

 7  legislation, 6253, called Aid to Localities.  

 8  There's not even money here included for the 

 9  Small Business Revolving Loan, according to 

10  Senator Hassell-Thompson.

11               So what are we voting for?  What is 

12  it my colleagues are voting for?  For something 

13  that nobody could tell me exactly what it is?

14               The bare fact, the bare fact that 

15  this piece of legislation do not include, that 

16  the Governor and the members of the Legislature 

17  refuse to include the DREAM Act -- this does not 

18  even include money for -- this does not even 

19  include money -- this does not even include money 

20  to help the students with any kind of help.

21               So I'm not asking questions, I'm 

22  just going to use Senator Krueger's word.  I 

23  am -- what was the word that she used?  She used 

24  a word -- disturbed.  And because I'm disturbed, 

25  I'm voting no.  Thank you.

                                                               1894

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Krueger.

 3               SENATOR KRUEGER:   Thank you, 

 4  Mr. President.  If the sponsor would please 

 5  yield.

 6               ACTING PRESIDENT GRIFFO:   The 

 7  sponsor yields.

 8               SENATOR KRUEGER:   Thank you.  I 

 9  just want to make sure he hears my question, so I 

10  want to wait until he's ready.

11               SENATOR DeFRANCISCO:   I'm sorry.  

12  Go ahead.

13               SENATOR KRUEGER:   Thank you.  

14               Actually my colleague Senator 

15  Stavisky was asking a series of questions earlier 

16  about the sections in the Aid to Localities bill 

17  that appear to violate the Budget Reform Act of 

18  2007.

19               SENATOR LaVALLE:   Mr. President --

20               SENATOR KRUEGER:   I yield.

21               SENATOR LaVALLE:   Thank you, 

22  Senator.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  LaValle, why do you rise?

25               SENATOR LaVALLE:   Can we have 

                                                               1895

 1  unanimous consent to have a brief recess?  Stand 

 2  at ease.

 3               ACTING PRESIDENT GRIFFO:   Without 

 4  objection, the Senate will stand at ease briefly.

 5               SENATOR LaVALLE:   Thank you.

 6               (Whereupon, the Senate stood at ease 

 7  at 12:49 p.m.)

 8               (Whereupon, the Senate reconvened at 

 9  1:23 p.m.)

10               SENATOR SKELOS:   Mr. President.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Skelos.

13               SENATOR SKELOS:   If we could 

14  return to the debate on Aid to Localities.

15               ACTING PRESIDENT GRIFFO:   We shall 

16  return to the debate.  Senator Krueger has the 

17  floor.

18               Senator Krueger.

19               SENATOR KRUEGER:   Thank you.  I 

20  believe before recess I was asking the sponsor to 

21  yield.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  DeFrancisco yields.

24               SENATOR DeFRANCISCO:   Yes.

25               SENATOR KRUEGER:   Thank you.  

                                                               1896

 1               And I was saying, but to repeat 

 2  myself, that earlier in discussion around this 

 3  bill Senator Stavisky had asked some questions 

 4  about the changed use -- excuse me, a change in 

 5  the language in legislation around education 

 6  funding that I believe violates the 2007 Budget 

 7  Reform Act because it would no longer require 

 8  lined-out resolutions to come before both houses 

 9  and be passed by both houses.

10               I believe that Senator DeFrancisco 

11  said yes, this year we changed that in the 

12  language.  

13               So my question, having reminded us 

14  about what I thought the dialogue was, my 

15  question is does he believe that this is a 

16  violation of the Budget Reform Act as we passed 

17  it in 2007.

18               SENATOR DeFRANCISCO:   No.

19               SENATOR KRUEGER:   Mr. President, 

20  if he could continue to yield, please.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  DeFrancisco yields.

23               SENATOR KRUEGER:   Yes, sir.  Yes.  

24  Why is it not a violation of the Budget Reform 

25  Act?  

                                                               1897

 1               SENATOR DeFRANCISCO:   Because we 

 2  are passing a budget, and that budget changes the 

 3  procedure as far as that bullet aid over the 

 4  budget of last year.  Last year that budget that 

 5  we passed required a joint resolution by the 

 6  Senate and the Assembly to distribute that bullet 

 7  aid, and that this budget changes it to split up 

 8  the bullet aid and require only individual 

 9  resolutions of each house.

10               SENATOR KRUEGER:   Mr. President, 

11  if through you the sponsor would continue to 

12  yield.

13               SENATOR DeFRANCISCO:   Yes.

14               ACTING PRESIDENT GRIFFO:   The 

15  sponsor yields.

16               SENATOR KRUEGER:   Thank you.

17               Is there any other section of the 

18  budget, either in this Aid to Localities bill or 

19  in some other bill we're going to be dealing with 

20  later, where parallel language is applied or in 

21  fact the old budget reform language remains?

22               SENATOR DeFRANCISCO:   I don't 

23  think there's any similar provision to the bullet 

24  aid other than this one.  

25               Except there's many provisions in 

                                                               1898

 1  there that give the Governor broader discretion 

 2  as far as moving money, for example, in the IT 

 3  area and back-office areas, without further 

 4  action on behalf of the Legislature.  So that's 

 5  different than it was in prior years.  And I 

 6  think that's the only thing I could think of that 

 7  may be different than prior years.

 8               SENATOR KRUEGER:   Mr. President, 

 9  will the sponsor continue to yield.

10               SENATOR DeFRANCISCO:   Yes.

11               ACTING PRESIDENT GRIFFO:   The 

12  sponsor yields.

13               SENATOR KRUEGER:   Thank you.

14               While it's -- sorry, I'm just 

15  making sure I have the right question.  

16  Mr. President, I think clarification.  I believe 

17  that in the Aid to Localities bill, under the 

18  section for criminal justice services, there is a 

19  similar language where it only requires the vote 

20  of one house on specific items.  I don't have the 

21  page -- oh, I think -- I'm sorry, I don't have 

22  the correct page numbers, but it's Division of 

23  Criminal Justice, Aid to Localities, Federal 

24  Operating Grants Fund, Edward Byrne Memorial 

25  Account, then Domestic Violence Account.

                                                               1899

 1               Am I correct that those also lay 

 2  out specifically a resolution only of one house 

 3  to determine how those lump-sum monies should be 

 4  distributed at a later date?  

 5               SENATOR DeFRANCISCO:   I'll take 

 6  your word for it.  I am not sure.  But the same 

 7  answer would apply:  It doesn't violate anything 

 8  because that provision is being voted upon by the 

 9  entire body, and that's the procedure set for the 

10  distribution of those funds by this body in 

11  passing the budget bill.

12               SENATOR KRUEGER:   Mr. President, 

13  on the bill.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Krueger on the bill.

16               SENATOR KRUEGER:   So I looked at 

17  these sections, and Senator DeFrancisco is 

18  correct, we use the fabulous wonderful word 

19  "notwithstanding" in each of these sections of 

20  the budget.  And so, for the record, 

21  "notwithstanding" is a term that lets us do away 

22  or ignore or some might say violate agreements 

23  that we have made, statutes we have passed, 

24  statements we have made to the public about what 

25  we are committing to do in future.

                                                               1900

 1               So for the record, Senator 

 2  DeFrancisco is correct, the "notwithstanding" 

 3  sentence is there in each case.  And for the 

 4  record, I object.  We made a commitment to the 

 5  public in the Budget Reform Act that we were 

 6  going to go forward with certain agreements 

 7  around MOU lump sums --

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  DeFrancisco.

10               SENATOR DeFRANCISCO:   Would 

11  Senator Krueger yield to a question.

12               SENATOR KRUEGER:   Certainly, 

13  Mr. President.

14               ACTING PRESIDENT GRIFFO:   She 

15  yields.

16               SENATOR DeFRANCISCO:   Senator 

17  Krueger, in the years 2009 and 2010 did you have 

18  a similar commitment to follow the 2007 Budget 

19  Reform Act?  

20               SENATOR KRUEGER:   Yes.

21               SENATOR DeFRANCISCO:   And with 

22  that commitment, did you follow it there were?

23               SENATOR KRUEGER:   There were some 

24  flaws.  I think probably you're going to discuss 

25  conference committees.

                                                               1901

 1               SENATOR DeFRANCISCO:   There were 

 2  some flaws, that's the way you describe the 

 3  procedure in 2009-2010?

 4               SENATOR KRUEGER:   No, you may 

 5  describe it as you wish.

 6               SENATOR DeFRANCISCO:   Okay.  One 

 7  more question.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Krueger, do you continue to yield?

10               SENATOR KRUEGER:   Yes.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  DeFrancisco.

13               SENATOR DeFRANCISCO:   So in this 

14  budget we're making a "notwithstanding" clause 

15  for a couple of provisions and you're concerned 

16  that that violates the Budget Reform Act, is that 

17  correct?

18               SENATOR KRUEGER:   I'm concerned 

19  that we are violating the agreement we made in 

20  budget reform having an impact on the 

21  distribution of over $40 million of tax money, 

22  yes.

23               SENATOR DeFRANCISCO:   One last 

24  question.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1902

 1  Krueger yields.

 2               SENATOR KRUEGER:   Yes, certainly.

 3               SENATOR DeFRANCISCO:   With respect 

 4  to the failure to have the timeline that's 

 5  required on the 2007 Budget Reform Act, the 

 6  failure to have conference committees, the 

 7  failure to have the budget on time, the failure 

 8  to have a detailed summary of the budget and the 

 9  financial plan, did you complain about any of 

10  those things in 2009 and 2010?

11               SENATOR KRUEGER:   Actually, in 

12  response, I did actually complain that we failed 

13  to do certain things.  Yes, I did, Mr. President.

14               SENATOR DeFRANCISCO:   Okay.

15               SENATOR KRUEGER:   We actually did 

16  provide the summary reports as requested.  And I 

17  have sent staff to go find those copies for you, 

18  Senator DeFrancisco, since you mentioned that 

19  twice.  But yes, there were not conference 

20  committees and hence they were not on time.

21               I think it's legitimate for both 

22  sides to raise issues when we are in fact 

23  violating law or agreements that have been made 

24  in the past.  So I will accept that there were 

25  violations in the past, and I object to this 

                                                               1903

 1  violation today.

 2               ACTING PRESIDENT GRIFFO:   Thank 

 3  you, Senator Krueger.

 4               SENATOR KRUEGER:   Thank you.

 5               On the bill, Mr. President.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Krueger on the bill.

 8               SENATOR KRUEGER:   Thank you.

 9               Oh, I apologize, I had one 

10  additional question for the sponsor.  Would the 

11  sponsor please yield?

12               ACTING PRESIDENT GRIFFO:   Senator 

13  DeFrancisco, do you yield? 

14               SENATOR DeFRANCISCO:   Yes.

15               ACTING PRESIDENT GRIFFO:   The 

16  sponsor yields.

17               SENATOR KRUEGER:   Thank you.

18               So this is our Aid to Localities 

19  bill which drives the vast majority of state and 

20  federal pass-through funds to our localities to 

21  run the programs -- education, human services, 

22  assortments of transportation, health.  I mean, 

23  an endless list of programs go through the Aid to 

24  Localities bill.

25               Does the sponsor know what the 

                                                               1904

 1  impact on our localities would be from the budget 

 2  that the Congress passed yesterday in Washington, 

 3  what that impact would have on our localities in 

 4  the upcoming budget year?  

 5               SENATOR DeFRANCISCO:   I don't 

 6  know, and it's irrelevant.  The fact that one 

 7  house of the federal government passes a budget 

 8  bill that's not the budget, I don't know what 

 9  relevance it would be for us to know what's in it 

10  since it's not a final budget.  And we haven't 

11  had a final budget for some time in the federal 

12  government.

13               So the point is that that 

14  information should not and does not affect our 

15  budget today.

16               SENATOR KRUEGER:   Now on the bill, 

17  Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Krueger on the bill.

20               SENATOR KRUEGER:   Thank you.

21               We are state government, and so we 

22  have to factor in the impact of what federal 

23  monies we may or may not have to pass through to 

24  our localities or to spend ourselves in planning 

25  for a year ahead.  

                                                               1905

 1               So I do agree the Congress as a 

 2  whole has not passed the budget bill that was 

 3  submitted by the Republicans in the House of 

 4  Representatives yesterday.  But in fact it was 

 5  passed in the House of Representatives yesterday, 

 6  and it would have a devastating impact on the 

 7  localities and on almost every domestic program 

 8  in this country, devastating to the effect that 

 9  we could see 63 percent reductions in domestic 

10  spending for programs that impact the elderly, 

11  the disabled, and low-income New Yorkers.

12               This at a time when unfortunately 

13  our unemployment rate continues to be 

14  unacceptably high, our poverty rate is growing, 

15  the documentation of lack of access to healthcare 

16  is causing severe impact and disproportionate 

17  impact to low-income New Yorkers.

18               And in fact beyond the proposal in 

19  Washington by the Republicans in the House of 

20  Representatives and the impact, if it became law, 

21  it would have on this state and our localities, I 

22  don't believe that the bill before us, the Aid to 

23  Localities bill, in any way adequately funds 

24  critical programs in each of our counties, in 

25  each of our communities.

                                                               1906

 1               The fact that it is a better budget 

 2  bill than last year or the year before doesn't 

 3  make it a good budget bill, does not mean it's 

 4  addressing the needs for education, for higher 

 5  education, for human services, to deal with 

 6  issues of homelessness, to prevent evictions, to 

 7  provide protections for people in the fundamental 

 8  responsibilities that I believe government should 

 9  have.

10               So this will be an on-time budget.  

11  There are portions of this budget that I am proud 

12  of and I applaud.  But I do believe that I came 

13  to Albany to ensure that our state reprioritized 

14  our focus in our budget to address the needs at 

15  the local level that are the most fundamental 

16  needs of a state government and its 

17  responsibilities.  And this isn't as bad a bill 

18  as the year before or the year before that, but 

19  it's not a good bill.  And it's not a bill I can 

20  vote for.  

21               So I'll be voting no.  Thank you, 

22  Mr. President.

23               ACTING PRESIDENT GRIFFO:   Is there 

24  any other Senator wishing to be heard??

25               Seeing none, hearing none, debate 

                                                               1907

 1  is closed.  The Secretary will ring the bell.

 2               Read the last section.

 3               THE SECRETARY:   Section 2.  This 

 4  act shall take effect immediately.

 5               ACTING PRESIDENT GRIFFO:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Diaz to explain his vote.

10               SENATOR DIAZ:   Yes, Mr. President, 

11  thank you.

12               I'm just -- again, this is a big 

13  piece of -- package that we're doing today.  And 

14  I'm glad that Senator Krueger is voting no.  As I 

15  was saying, I think that you, when you have 

16  reason to vote no, you could take hours to 

17  explain why, all the reasons in the world why 

18  you're voting no.  If you're voting yes, there's 

19  no reason to take too much time to say "I'm 

20  voting yes."

21               And I'm voting no, Mr. President, 

22  because this piece of legislation does not 

23  include the DREAM Act legislation.  And my 

24  colleagues should have fought and should have 

25  held their votes to force the Governor to include 

                                                               1908

 1  the DREAM Act in this bill.  There is not even 

 2  money for small business revolving loans.  So how 

 3  could we vote for something like this?  

 4               That's why I'm voting no.  Thank 

 5  you.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Diaz to be recorded in the negative.

 8               Senator Perkins to explain his 

 9  vote.

10               SENATOR PERKINS:   Thank you very 

11  much.  

12               I just want to, for the record, 

13  establish that clearly, as has been noted, there 

14  is no DREAM Act.  And of course that's a great 

15  concern of mine.  

16               And for the record, I would just 

17  like to point out that according to the Institute 

18  for Taxation and Economic Policy, undocumented 

19  immigrants paid over $662 million in taxes to 

20  New York State in 2010, making it the state with 

21  the fourth-highest revenue in taxes from 

22  undocumented immigrants.  They paid approximately 

23  $104.4 million in personal income taxes, 

24  $95 million in property taxes, and over 

25  $463 million in sales taxes.  

                                                               1909

 1               It is unjust, unfair, and 

 2  un-American to collect over a half a billion 

 3  dollars in tax revenue from undocumented 

 4  immigrants only to deny them financial support 

 5  that is granted to other New Yorkers.

 6               Actually, it is universally 

 7  accepted that those who pay taxes should benefit 

 8  from those taxes, whether those benefits be 

 9  public safety or access to higher education.  

10               Plainly speaking, the DREAM Act 

11  would respect the dignity and contributions and 

12  of undocumented youth in New York.  While this 

13  bill does not acknowledge that, I'm nevertheless 

14  going to be voting for the bill, with the 

15  expectation that we will sooner than later 

16  legislate a DREAM Act that will respect the 

17  Dreamers.  

18               Thank you so much.  I vote aye.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Perkins to be recorded in the affirmative.

21               Senator Stavisky to explain her 

22  vote.

23               SENATOR STAVISKY:   Thank you, 

24  Mr. President.  And I thank Senator DeFrancisco 

25  for his responses.

                                                               1910

 1               There were a number of areas that I 

 2  have problems with in this budget.  For one 

 3  thing, for the SUNY and CUNY childcare centers, I 

 4  was not satisfied that nonstate sources next year 

 5  are going to pick up the slack and force the 

 6  people who make use of the CUNY and SUNY 

 7  childcare centers, force them to pay the 

 8  35 percent copayment.  I don't know if TANF is 

 9  available, as I asked.

10               Secondly, I regret that you ruled 

11  my hostile -- it's not a hostile amendment, it's 

12  an enhancing amendment to make a budget better -- 

13  that you ruled it unconstitutional, the question 

14  of Foundation Aid increases, because clearly it 

15  was constitutional.

16               The question of Foundation Aid I 

17  think should be based upon need, it should be 

18  based upon the resources that we have.  And I was 

19  not at all satisfied with the answer on bullet 

20  aid, because I think Senator Krueger is correct, 

21  it certainly does violate the 2007 budget 

22  agreement that we came together on.  We agree 

23  that budget reform is important, and yet it's 

24  important except when it's not.  

25               And I do have a problem with the 

                                                               1911

 1  allocation of the $20 million in bullet aid, 

 2  because I don't know where it's going.  

 3  Unfortunately, education in this state --

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Stavisky, how do you vote?  

 6               SENATOR STAVISKY:   -- is based too 

 7  often on where the child lives.  

 8               With all of these caveats, I vote 

 9  yes.

10               ACTING PRESIDENT GRIFFO:   Senator 

11  Stavisky to be recorded in the affirmative.

12               Senator Ruth Hassell-Thompson to 

13  explain her vote.

14               SENATOR HASSELL-THOMPSON:   Thank 

15  you, Mr. President.

16               I think it's been stated on this 

17  floor that if you're unhappy with the bill you 

18  ought to vote against it.  

19               There are too many areas within 

20  this, including the base aid to my community that 

21  is included -- and certainly I could never vote 

22  against anything that is favorable to my 

23  constituency.  

24               But having said that, I am very 

25  displeased about the fact that small businesses, 

                                                               1912

 1  which is very much the heart of the American 

 2  economy, is being ignored, particularly in a 

 3  chamber where we have espoused constantly the 

 4  need to develop jobs.  And the importance of 

 5  small business to job development in this state 

 6  is historic.

 7               So I think that we're doing a 

 8  disservice to our small businesses and to the 

 9  arguments that we continue to make if we fail to 

10  make the appropriate appropriations to enhance 

11  the ability of small businesses to grow.

12               Therefore, Mr. President, as 

13  ambiguous as that statement may be, I will be 

14  voting in favor.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Ruth Hassell-Thompson to be recorded in the 

17  affirmative.

18               Senator Parker to explain his vote.

19               SENATOR PARKER:   Thank you, 

20  Mr. President.  To explain my vote.

21               As everybody has indicated, with an 

22  omnibus bill like this there's always good and 

23  bad.  And you have to unfortunately either take 

24  the good with the bad or sometimes throw the baby 

25  out with the bathwater.  

                                                               1913

 1               In this particular case, I don't 

 2  think there's enough of a baby in there for me to 

 3  vote for this bill, and so I'm throwing out the 

 4  bathwater.

 5               There's a number of things that I 

 6  thought we could have done a little bit different 

 7  in this budget.  One of which, there's no 

 8  increase to TAP.  And certainly that's something 

 9  that we could have done.  

10               And the DREAM Act legislation -- 

11  you know, I represent a district that is very 

12  largely immigrant, particularly, you know, 

13  representing one of the largest concentrations of 

14  Caribbean people outside the Caribbean in the 

15  world.  I represent the largest Pakistani 

16  community outside of Pakistan in the world.  Much 

17  of the parts of Borough Park that I represent 

18  represents an orthodox Jewish community, many of 

19  which are immigrants as well.  And so the DREAM 

20  Act legislation certainly would have provided a 

21  step up, as Senator Perkins indicated.  

22               And the bill certainly does not do 

23  what we ought to be doing as both a city and 

24  state of immigrants.  Understand this, in the 

25  context of the census, that we lost population 

                                                               1914

 1  upstate.  And the only reason why we gained 

 2  population in New York City was actually because 

 3  of the immigrant population.  So any time that we 

 4  try to delude ourselves that Americans don't 

 5  include new Americans, we should just look at the 

 6  numbers.  The numbers never lie.

 7               And so, you know, there's some 

 8  things that we did good here, but not enough me 

 9  for me to vote for it.  I vote nay, 

10  Mr. President.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  Parker to be recorded in the negative.

13               Senator Smith to explain his vote.

14               SENATOR SMITH:   Yes, thank you, 

15  Mr. President.

16               My colleagues have indicated more 

17  or less the challenges to this piece of 

18  legislation.  But again, for the record, while I 

19  will be voting yes, I do hope, in the fairness of 

20  a One New York theme, that we recognize the 

21  importance of New York City at some point 

22  receiving adequate AIM money relative to the 

23  amount that it gives.  

24               And also, as our conference for 

25  years has put a tremendous effort into the 

                                                               1915

 1  foreclosure area, I would hope that as we begin 

 2  to clean up some of our appropriation legislation 

 3  as well as some of the categories that need to be 

 4  revisited, we will once again recognize the 

 5  importance of the foreclosure area and bring that 

 6  appropriation amount up from the $9 million.  

 7               I'll be voting yes, Mr. President.  

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Smith to be recorded in the affirmative.

10               Senator Squadron to explain his 

11  vote.

12               SENATOR SQUADRON:   Thank you, 

13  Mr. President.

14               I just want to point out that in 

15  this bill, in the funding for children and 

16  families and OTDA, I want to, in the spirit of 

17  bipartisanship, commend and congratulate Senator 

18  Gallivan, the chair of Social Services, Senator 

19  Savino, Senator Montgomery, the ranking member of 

20  Children and Families.  There is actually a lot 

21  in here you would not know which party, on some 

22  of these issues, is in the majority.  And we 

23  don't do that enough.  

24               And I particularly want to point 

25  out that the Nurse Family Partnership, which is a 

                                                               1916

 1  program that we created on the state level a 

 2  couple of years ago, is funded at $2.5 million, 

 3  including another half million in the health bill 

 4  that we'll get to; that settlement houses are 

 5  funded significantly; and that homeless 

 6  prevention programs were all increased from the 

 7  Executive Budget.  

 8               It was a pleasure to work in a 

 9  bipartisan way.  I appreciate the spirit of 

10  bipartisanship and the focus on the safety net in 

11  this bill.  So I will be voting yes, 

12  Mr. President.

13               ACTING PRESIDENT GRIFFO:   Senator 

14  Squadron to be recorded in the affirmative.

15               Announce the results.

16               THE SECRETARY:   In relation to 

17  Calendar Number 482, those recorded in the 

18  negative are Senators Adams, Diaz, Duane, 

19  Krueger, and Parker.

20               Ayes, 56.  Nays, 5.

21               ACTING PRESIDENT GRIFFO:   The bill 

22  is passed.

23               Senator Libous.

24               SENATOR LIBOUS:   Mr. President, 

25  can we return to motions for a moment, please.

                                                               1917

 1               ACTING PRESIDENT GRIFFO:   We will 

 2  return to motions.

 3               SENATOR LIBOUS:   On page 5 I offer 

 4  the following amendments to Calendar Number 38, 

 5  Senate Print 1998, and ask that said bill retain 

 6  its place on the Third Reading Calendar.  That's 

 7  on behalf of my friend and colleague 

 8  Senator Fuschillo.

 9               ACTING PRESIDENT GRIFFO:   So 

10  ordered, and the bill will retain its place on 

11  the Third Reading Calendar.

12               Senator Libous.

13               SENATOR LIBOUS:   If we could go 

14  back to the calendar, at this time I would like 

15  to take up Calendar Number 481.

16               ACTING PRESIDENT GRIFFO:   Calendar 

17  Number 481 is before the house, and the Secretary 

18  will read.

19               THE SECRETARY:   Calendar Number 

20  481, Senate Budget Bill, Senate Print 6251B, 

21  LEGISLATURE AND JUDICIARY BUDGET.

22               ACTING PRESIDENT GRIFFO:   Is there 

23  any Senator wishing to be heard?  

24               Hearing none, the debate is 

25  closed.  The Secretary will ring the bell.

                                                               1918

 1               Read the last section.

 2               THE SECRETARY:   Section 5.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT GRIFFO:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 58.  Nays, 

 8  3.  Senators Diaz, Duane and Parker recorded in 

 9  the negative.

10               ACTING PRESIDENT GRIFFO:   The bill 

11  is passed.

12               Senator Libous.

13               SENATOR LIBOUS:   Mr. President, 

14  we're going to take up Calendar 485.  But I would 

15  just like to, in the spirit of cooperation, ask 

16  the members to please be in the chamber.  

17               And if for whatever reason you have 

18  to use the phone, go no further than maybe the 

19  lounge or the areas where the phones are, because 

20  we do want to move along here and get this budget 

21  done early.

22               So, Mr. President, based on that, 

23  we will now take up Calendar Number 485.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is before the house, and the Secretary will read.

                                                               1919

 1               THE SECRETARY:   Calendar Number 

 2  485, Budget Bill, Senate Print 6257E, an act in 

 3  relation to school district eligibility.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Breslin, why do you rise?  

 6               Could I have some order, please, in 

 7  the chamber.

 8               Senator Breslin.  

 9               SENATOR BRESLIN:   Thank you, 

10  Mr. President.

11               I believe there's an amendment at 

12  the desk.  I request that the reading be waived 

13  and we allow Senator Hassell-Thompson to speak on 

14  the amendment.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Breslin, I have reviewed the amendment, and under 

17  Senate Rule 6, Section 4B, I believe this bill to 

18  be nongermane and therefore out of order.

19               SENATOR BRESLIN:   Mr. President, I 

20  respectfully appeal that ruling and ask that 

21  Senator Hassell-Thompson be allowed to explain.

22               ACTING PRESIDENT GRIFFO:   There is 

23  a request for an appeal of the ruling of the 

24  chair.  Senator Hassell-Thompson, you may be 

25  heard on that appeal.

                                                               1920

 1               SENATOR HASSELL-THOMPSON:   Thank 

 2  you, Mr. President.

 3               The amendment that I offer today 

 4  would amend the Education, Labor, and Family 

 5  Assistance bill, and it would reinstate the 

 6  Senior STAR Rebate Program.  

 7               Real property taxes are a serious 

 8  burden for many senior homeowners with limited 

 9  incomes.  School taxes represent a substantial 

10  portion of the property taxes that these 

11  homeowners pay.  This bill would give additional 

12  help to senior homeowners who are on limited 

13  incomes and who are struggling to afford to 

14  remain in their homes.  I hope everyone will join 

15  me in supporting this amendment.

16               ACTING PRESIDENT GRIFFO:   Thank 

17  you, Senator Hassell-Thompson.  We are --

18               SENATOR HASSELL-THOMPSON:   I'm 

19  sorry.  In 2007 the middle-class STAR rebate 

20  program was enacted as part of the Education, 

21  Labor, and Family Assistance Act, which is 

22  Article 7, budget bill, to become Chapter 57 of 

23  the Laws of 2007.

24               In addition, the Senate majority 

25  included a senior STAR rebate proposal in their 

                                                               1921

 1  one-house budget bill this year, in Senate Bill 

 2  6257D, Alpha, Article 7 bill, Part A through 3.  

 3               Let me be clear, Mr. President, 

 4  that a vote against this germaneness is a vote 

 5  against reinstating the STAR rebate program.  

 6               For the foregoing reasons, the 

 7  amendment I am offering today is germane to the 

 8  bill currently under consideration.

 9               ACTING PRESIDENT GRIFFO:   Thank 

10  you, Senator Hassell-Thompson.  

11               I want to reiterate that the vote 

12  is strictly on the motion of the chair and the 

13  appeal of the motion that was made before the 

14  chair.  

15               All those in favor of overruling 

16  the chair signify by saying aye.

17               (Response of "Aye.")

18               ACTING PRESIDENT GRIFFO:   

19  Opposed?  Senator Breslin, why do you rise?

20               SENATOR BRESLIN:   I request a show 

21  of hands, Mr. President.  

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Breslin has requested a show of hands.  So 

24  ordered.  

25               (Senators raised their hands.)

                                                               1922

 1               ACTING PRESIDENT GRIFFO:   Announce 

 2  the results.

 3               THE SECRETARY:   Ayes, 25.

 4               ACTING PRESIDENT GRIFFO:   The 

 5  ruling of the chair stands.  

 6               The bill is before the house.  The 

 7  Secretary will ring the bell.

 8               Is there any Senator wishing to be 

 9  heard on the bill?  Senator Stavisky, then 

10  Senator Diaz.

11               Senator Stavisky.

12               SENATOR STAVISKY:   Thank you.

13               If the sponsor would rise for 

14  several questions.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Stavisky, would you yield to Senator 

17  Hassell-Thompson?  She rose and would like to be 

18  heard.

19               SENATOR STAVISKY:   Absolutely.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Hassell-Thompson.

22               SENATOR HASSELL-THOMPSON:   Thank 

23  you, Mr. President.  On the bill.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Hassell-Thompson on the bill.

                                                               1923

 1               SENATOR HASSELL-THOMPSON:   Just a 

 2  few comments that I'd like to make on the bill, 

 3  Mr. President.

 4               The Senate Democrats proposed to 

 5  reinstate the Senior STAR Rebate Program 

 6  beginning in the 2012-2013 school year and for 

 7  every year thereafter.  This amendment provides 

 8  $275 million in property tax relief to senior 

 9  citizens for this school year who are eligible 

10  for the enhanced STAR property tax exemption.

11               Under this amendment, the 

12  Department of Taxation and Finance would issue 

13  STAR rebates to those entitled to receive such 

14  rebates.  Nearly 640,000 senior citizens received 

15  the enhanced STAR property tax exemption.  The 

16  average enhanced STAR rebate check was $458 in 

17  the last year that they were effective.

18               New York's property tax ranks among 

19  the highest in the nation.  Real property taxes 

20  are a significant burden for our many senior 

21  homeowners with --

22               SENATOR LIBOUS:   Mr. President.

23               ACTING PRESIDENT GRIFFO:   Senator 

24  Libous.  

25               SENATOR LIBOUS:   Mr. President, 

                                                               1924

 1  with all due respect to the Senator, is there a 

 2  rebate bill before the house?

 3               ACTING PRESIDENT GRIFFO:   There is 

 4  not.  That bill is not before the house.  We're 

 5  dealing with budget bills, Senator Ruth 

 6  Hassell-Thompson.  

 7               So your point of order is 

 8  well-taken.  

 9               Senator Hassell-Thompson, under the 

10  rules of the Senate, please be germane.

11               SENATOR HASSELL-THOMPSON:   Are you 

12  saying I'm out of order, Mr. President?  Are you 

13  saying I'm out of order?  

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Hassell-Thompson, I would like you to speak to 

16  the bill before the house.  And there's a 

17  specific bill --

18               SENATOR HASSELL-THOMPSON:   I was 

19  offering background information on the bill that 

20  is before the house and why my recommendation --

21               ACTING PRESIDENT GRIFFO:   You had 

22  the opportunity, Senator Hassell-Thompson, to 

23  speak on that appeal and the amendment before the 

24  chair.  Now I would ask you just to put your 

25  comments onto the specific bill, please.

                                                               1925

 1               SENATOR HASSELL-THOMPSON:   Thank 

 2  you, Mr. President.

 3               ACTING PRESIDENT GRIFFO:   Thank 

 4  you, Senator Hassell-Thompson.

 5               Senator Stavisky.

 6               SENATOR STAVISKY:   I have some 

 7  questions, if the sponsor would yield.

 8               SENATOR DeFRANCISCO:   Yes.

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  DeFrancisco yields.

11               SENATOR STAVISKY:   During the 

12  budget hearings I asked both the chancellor of 

13  SUNY and the chancellor of CUNY about the need 

14  for remediation and the fact that at the CUNY 

15  community colleges approximately 75 percent of 

16  the students need remediation in one of the three 

17  areas where remediation is provided.  

18               Can you tell me why we need a study 

19  when newspaper accounts, testimony at the budget 

20  hearings -- there's so much evidence that there 

21  is a serious remediation problem, why is a study 

22  needed?

23               SENATOR DeFRANCISCO:   The question 

24  isn't, I don't believe, whether or not students 

25  need remediation.  What the question is is how do 

                                                               1926

 1  we provide that remediation at the lowest 

 2  possible cost.  

 3               Presently the SUNY colleges -- we 

 4  spend $80 million on remediation.  So the purpose 

 5  of -- and I also learned -- I also know that in 

 6  high schools very often seniors in high 

 7  schools are allowed to leave early during their 

 8  senior year.  They've got the right credits, they 

 9  don't have to worry about additional credits, 

10  there's some justification that I don't believe 

11  in to get them back in the workforce, to show 

12  them how to get a job.

13               I think what has to be done is how 

14  to provide the remediation at the least possible 

15  cost.  And to me, it means instead of giving them 

16  a test when they enter college, give them a test 

17  right when they enter the senior year, and then 

18  be in a position at that time to remediate 

19  instead of letting them out early because they've 

20  got all their credits.

21               So I'm not the answer.  So the 

22  question is what the real answer.  That's my 

23  thought, a study would be necessary to see how we 

24  provide that remediation in the least expensive 

25  way.  That's why a study is needed.

                                                               1927

 1               SENATOR STAVISKY:   If the Senator 

 2  would continue to yield.

 3               SENATOR DeFRANCISCO:   Yes.

 4               SENATOR STAVISKY:   There are 

 5  programs, particularly at CUNY community 

 6  colleges -- in fact, I think each of the 

 7  community colleges in the CUNY system offer what 

 8  is known as the ASAP program.  Are you familiar 

 9  with that program?  

10               SENATOR DeFRANCISCO:   I'm familiar 

11  with it.  But the point is that why spend any 

12  money at a SUNY college, we could use the money 

13  for other college purposes if the kids have a 

14  more intense program before they leave high 

15  school.

16               SENATOR STAVISKY:   I'm not in 

17  disagreement.  I've made it very clear that I 

18  think the high schools -- but my question is are 

19  we limiting accessibility to the colleges as a 

20  result of this --

21               SENATOR DeFRANCISCO:   No, the 

22  study doesn't limit anything.  Hopefully after 

23  the study maybe we'd be in a position to make 

24  sure kids are prepared and need less remediation 

25  at the university expense.

                                                               1928

 1               SENATOR STAVISKY:   If the Senator 

 2  would continue to yield.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  Senator yields.

 5               SENATOR DeFRANCISCO:   Yes.

 6               SENATOR STAVISKY:   Are you 

 7  inferring, then, that there will be additional 

 8  aid provided if the study concludes that 

 9  additional funding is necessary at the community 

10  college level?  

11               SENATOR DeFRANCISCO:   That depends 

12  on what the study says.  And if the majority of 

13  this house believes that -- and the majority of 

14  the Senate believes that that's the solution, 

15  then maybe that is the solution.  

16               I kind of believe that we need more 

17  work at the high school level and -- but we'll 

18  see what the study says.

19               SENATOR STAVISKY:   I'm in total 

20  agreement with that.

21               I have a couple of other areas, if 

22  the Senator would yield.

23               SENATOR DeFRANCISCO:   Yes.

24               ACTING PRESIDENT GRIFFO:   The 

25  Senator yields.

                                                               1929

 1               SENATOR STAVISKY:   You also 

 2  provide for a study commission for the 

 3  charge-backs to both the community college and 

 4  the local government.  This is a concern, rather, 

 5  for the community colleges and the local 

 6  governments.

 7               Why do we need a study to determine 

 8  the implication if we already have laws that 

 9  would help some of the counties with the 

10  reimbursements that the charge-backs provide?

11               SENATOR DeFRANCISCO:   I'm not 

12  quite sure.  Maybe Senator LaValle can indicate 

13  why that study was necessary.

14               ACTING PRESIDENT GRIFFO:   Without 

15  objection, Senator LaValle.

16               SENATOR LaVALLE:   Actually, 

17  Senator DeFrancisco, I'm going to start with the 

18  remediation question briefly and then roll into 

19  this.

20               We wanted to fully get engaged in 

21  the remediation -- and I know you and I spoke 

22  about that -- and had conversations with both 

23  chancellors, with the State Education Department, 

24  the independent sector.  Everyone felt that we 

25  needed to identify best practices in the system 

                                                               1930

 1  and then take those best practices -- and if you 

 2  notice, the study has people coming back before 

 3  we leave at the end of this year, so conceivably 

 4  we could get engaged in the remediation.  We will 

 5  have time to flesh that out in a proper way.

 6               The same issue came up with the 

 7  charge-back issue, where we wanted to do 

 8  something with the charge-backs.  When we looked 

 9  at this question there were some community 

10  colleges that would benefit by some of the things 

11  that we had on the table, and some of the 

12  community colleges across the state would have 

13  problems since they were very highly dependent on 

14  the students that they get from outside their own 

15  county.

16               So both Assemblymember Glick and I 

17  felt that we needed to engage both questions in a 

18  methodical way.  And in order to do that, we 

19  needed people to get fully engaged.  And here 

20  again, they will come back to us, the Board of 

21  Trustees, with recommendations on how we deal 

22  with this.

23               SENATOR STAVISKY:   If the Senator 

24  would continue to yield.  Because the question 

25  that I'm asking involves -- second area, whoever 

                                                               1931

 1  wants to answer -- involves the charge-backs.  

 2  And they talk about -- let me get the right 

 3  words.  They talk about the efficiency and the 

 4  fiscal impact of implementing such modifications 

 5  to the students, the counties, and state.  

 6               Why is the fiscal impact to the 

 7  institution not included?  In other words, 

 8  they're talking about the charge-back issue in 

 9  terms of the students, the localities, but not 

10  the fiscal impact on the institution itself.

11               SENATOR DeFRANCISCO:   Well, it 

12  seems to me, what from Senator LaValle explained 

13  about this particular study, that it would be 

14  broad enough to include impacts in all 

15  directions.  And the fact that maybe that word 

16  was omitted I don't think limits them in studying 

17  what the proper solution to the problem is.

18               SENATOR STAVISKY:   If the Senator 

19  would continue to yield.

20               SENATOR DeFRANCISCO:   Yes.

21               ACTING PRESIDENT GRIFFO:   The 

22  Senator yields.

23               SENATOR STAVISKY:   In terms of the 

24  SUNY community colleges, is there one institution 

25  in particular where there would be a negative 

                                                               1932

 1  impact on the charge-back issue?

 2               SENATOR DeFRANCISCO:   Senator 

 3  LaValle is saying several.  And maybe he should 

 4  answer this question; it's his area of expertise.

 5               ACTING PRESIDENT GRIFFO:   The 

 6  chair recognizes Senator LaValle.

 7               SENATOR LaVALLE:   I don't think 

 8  there's any more to say than there are several 

 9  community colleges that would be impacted, some 

10  upstate in the western part of the state, some in 

11  the middle part of the state, and some downstate.

12               SENATOR STAVISKY:   But if the 

13  Senator would continue to yield.

14               SENATOR LaVALLE:   And by the way, 

15  Senator, it is implied, when you look at the 

16  funding of the community colleges, that the 

17  institution is the beneficiary of the study in 

18  putting the pieces together.  We don't move away 

19  from that commitment to the institution.

20               SENATOR STAVISKY:   But wouldn't 

21  you agree, if the Senator would yield, that of 

22  those chartered as community colleges in the SUNY 

23  system, one stands out for having the largest 

24  negative impact in terms of the charge-back?  And 

25  that institution is located in New York City, and 

                                                               1933

 1  of course I'm referring to FIT.

 2               SENATOR LaVALLE:   Senator, I would 

 3  tell you that there are other institutions that 

 4  are impacted besides FIT.  

 5               And we focused, the committee and 

 6  members in working gave a great deal of focus on 

 7  FIT.  The amount of time that I spoke with 

 8  President Brown and her staff and both the 

 9  Assembly and Senate staffs, we just did not have 

10  the time to put it together.  

11               But I will tell you that putting 

12  aside FIT, there are other community colleges 

13  that are impacted by the charge-back issue.  So I 

14  think you're being myopic, and I'm trying to get 

15  you into a broader statewide view.

16               SENATOR STAVISKY:   I beg to 

17  disagree.  I am not myopic.  Even though I'm 

18  wearing glasses.

19               (Laughter.)

20               SENATOR STAVISKY:   If Senator 

21  DeFrancisco, or whoever, would like to yield on 

22  the last area.  

23               SENATOR DeFRANCISCO:   Okay.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  DeFrancisco yields. 

                                                               1934

 1               SENATOR STAVISKY:   I too am 

 2  concerned with people who are in the United 

 3  States who are undocumented.  And let me preface 

 4  by saying that we permit undocumented students to 

 5  qualify for in-state rates for the public 

 6  colleges and universities, even if they're not 

 7  here with the proper papers.

 8               Don't you think we should extend 

 9  the tuition benefits of TAP and other financial 

10  benefits to these students?  And if not, why 

11  not?  

12               SENATOR DeFRANCISCO:   My personal 

13  opinion is no.  My personal opinion is no because 

14  we have a limited number of benefits and those 

15  benefits will have to be spread away from 

16  citizens of the State of New York and citizens 

17  from the State of New York who would be receiving 

18  less money, whether it's TAP, whether it's any 

19  other government program that helps students in 

20  college.  

21               And that's my personal opinion.  I 

22  know there's a lot of people who disagree with 

23  that.  And since we've been -- that issue has 

24  come up on many, many different occasions already 

25  this year, but that's my personal opinion.

                                                               1935

 1               SENATOR STAVISKY:   If the Senator 

 2  would continue to yield.

 3               SENATOR DeFRANCISCO:   Yes.

 4               SENATOR STAVISKY:   Are you aware 

 5  that the cost is under a million dollars?  It's 

 6  $980,000, roughly.

 7               SENATOR DeFRANCISCO:   I would find 

 8  that absolutely impossible to believe.

 9               SENATOR STAVISKY:   Those are the 

10  State Education Department figures.

11               SENATOR DeFRANCISCO:   Well, I 

12  don't care if it was the Regents.  The fact of 

13  the matter, it's impossible to believe that would 

14  only be a million dollars in view of the other 

15  funding that goes to students to help them pay 

16  for college in TAP programs.

17               But whether it's a million dollars 

18  or whether it's $10 million, I think the 

19  principle is basically the same.

20               SENATOR STAVISKY:   So if the 

21  Senator would yield.  Then you would also 

22  withdraw the in-state tuition rates for 

23  undocumented students?

24               SENATOR DeFRANCISCO:   Would I 

25  withdraw it?  I would.  But I'm not a majority of 

                                                               1936

 1  this house, nor -- the bill has already been 

 2  passed, the policy is already in place.  I would, 

 3  for the same reasons.

 4               SENATOR STAVISKY:   Thank you.

 5               On the bill.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Stavisky on the bill.

 8               SENATOR STAVISKY:   Well, I thank 

 9  the Senator.  I have some reservations, 

10  obviously, on this, but I will defer to my 

11  colleagues.  Thank you.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you.

14               Senator Diaz.

15               SENATOR DIAZ:   Thank you, 

16  Mr. President.

17               ACTING PRESIDENT GRIFFO:   On the 

18  bill, Senator Diaz, are you? 

19               SENATOR DIAZ:   I have no questions 

20  for you, senator DeFrancisco.  I never have 

21  questions.  I've read this piece of -- and I know 

22  exactly what's in here.  But I would like to 

23  commend Senator -- on the bill.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Diaz on the bill.

                                                               1937

 1               SENATOR DIAZ:   I would like to 

 2  commend Senator Stavisky for her desire to 

 3  protect the undocumented and to find a way in 

 4  which we could solve the problems in education.  

 5  So thank you, Senator Stavisky.

 6               Ladies and gentlemen, again, again 

 7  and again, this is Bill Number 5 today.  We have 

 8  two more to go.  Two more.  So far -- three to 

 9  go?  So so far, so far, we have passed some of 

10  the bills.  And so far we have rejected, the 

11  Governor has refused and you have voted for one 

12  of the pieces of legislation that reject to 

13  include the DREAM Act.  

14               So there's no DREAM Act.  And 

15  that's why I voted no, because there is no DREAM 

16  Act.  We could have done better on that.  We have 

17  voted to eliminate, to eliminate the Tenant 

18  Protection Unit.  There are no protections for 

19  our tenants.  That's why I voted no.  We have 

20  voted not to include money for Small Business 

21  Revolving Loans.  Poor small business, no help.  

22  That's why I voted no.  

23               And now in this one, the senior 

24  citizens are hurt one more time because there is 

25  no -- there is no property tax relief for 

                                                               1938

 1  homeowners in this one.  And as you know, the 

 2  property tax relief is very important to 

 3  homeowners across New York State.  New York State 

 4  has among the highest property taxes in the 

 5  nation.  But this piece of legislation that we 

 6  are voting on now rejects to include tax relief 

 7  for our senior citizens.  No tax relief, ladies 

 8  and gentlemen.  

 9               So you're going to vote yes because 

10  the Governor says "I need you guys."  Ladies and 

11  gentlemen, we have a calling.  Even though I 

12  might be the lonely voice in the desert, in the 

13  wilderness, I'm going to continue saying it.  One 

14  day we have a higher someone to answer to.  You 

15  have been chosen to protect, you have been chosen 

16  to fight, and you have been chosen to have a 

17  voice for those that don't have a voice.  

18               But you continue rejecting your 

19  calling and you continue supporting the one that 

20  has against the one that has not.  And one day, 

21  one day, ladies and gentlemen, you might be -- 

22  and I'm the one that you make fun of, I am the 

23  one that you call crazy, I am the one that you 

24  call all kind of things.  I'm the one that you 

25  call fanatic or whatever.  But one day, ladies 

                                                               1939

 1  and gentlemen, one day, one day you are all going 

 2  to answer for all the abuses and all the 

 3  disrespect and all the selling out of our members 

 4  of our community that needs your support, that 

 5  needs your protection.  You come here and you 

 6  forget about them.

 7               Mr. President, I am proudly, 

 8  proudly voting no.

 9               ACTING PRESIDENT GRIFFO:   Is there 

10  any other Senator wishing to be heard?  

11               Seeing none, hearing none, the 

12  debate is closed.  The Secretary will ring the 

13  bell.

14               The Secretary will read the 

15  substitution.

16               THE SECRETARY:   On page 24, 

17  Senator DeFrancisco moves to discharge, from the 

18  Committee on Finance, Assembly Bill Number 9057D 

19  and substitute it for the identical Senate Bill 

20  Number 6257E, Third Reading Calendar 485.  

21

22

23

24

25

                                                               1940

 1               ACTING PRESIDENT GRIFFO:   The 

 2  substitution is so ordered.

 3               The Secretary will read.

 4               THE SECRETARY:   Calendar Number 

 5  485, Budget Bill, Assembly Print 9057D, an act in 

 6  relation to school district eligibility.

 7               ACTING PRESIDENT GRIFFO:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 2.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT GRIFFO:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Parker to explain his vote.

16               SENATOR PARKER:   To explain my 

17  vote, Mr. President.

18               There's nothing more important than 

19  education.  You know, as some of you know, I used 

20  to work for Carl McCall, who was fond of saying 

21  that education was not just a key to unlock the 

22  door of opportunity, it was a sledgehammer to 

23  knock the door of opportunity down.  And 

24  certainly we ought to be giving every high-needs 

25  school district an opportunity for their children 

                                                               1941

 1  to succeed, just like the low-needs school 

 2  districts.  

 3               We have not fulfilled our need for 

 4  CFE.  I know everybody wants to pretend that, you 

 5  know.  And we've had lawsuits on that hotly 

 6  debated issue.  Long story short, we owe them 

 7  money, we haven't paid it, we're literally in 

 8  violation of a court order saying that we owe 

 9  high-needs school districts, particularly in 

10  New York City, money.  But the money we actually 

11  agreed, as we started doing our budgets a number 

12  of years ago, to put it in every single 

13  high-needs school district, from Buffalo to Bath, 

14  New York, from Brookhaven to Brooklyn, should 

15  have gotten some of that money.  That money is 

16  not here.  

17               In addition, we need to be looking 

18  at ways to do some different things.  One of the 

19  things the Governor, when he ran, talked about 

20  are the 10,000 governments that we have in 

21  New York State.  We ought to start reducing some 

22  of those governments.  Myself and Kevin Cahill 

23  have a bill that would create essentially a 

24  Berger Commission for schools and start looking 

25  at school district consolidations.  That should 

                                                               1942

 1  have been done in this budget, and I'm urging 

 2  that that bill be brought forth.  

 3               We ought to be looking at higher 

 4  education consolidations, and we ought to be 

 5  talking about why do we have a separate SUNY 

 6  system from a CUNY system.  I have a bill that 

 7  would actually create one system under SUNY that 

 8  we would merge the City University system into 

 9  SUNY.  I want that bill to come to the floor.  

10  That's something we should be doing now.  We 

11  could save money, disband the CUNY board, put 

12  everything under SUNY, we could consolidate, save 

13  money, and continue to educate our young people 

14  in the best way.

15               So I'm going to be voting no on 

16  this bill and hoping that we do better for the 

17  young people of our state in the next budget.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Parker to be recorded in the negative.

20               Announce the results.

21               THE SECRETARY:   In relation to 

22  Calendar Number 485, those recorded in the 

23  negative are Senators Adams, Diaz, Duane and 

24  Parker.

25               Ayes, 57.  Nays, 4.

                                                               1943

 1               ACTING PRESIDENT GRIFFO:   The bill 

 2  is passed.

 3               Senator Libous.

 4               SENATOR LIBOUS:   Mr. President, at 

 5  this time could we take up Calendar Number 478.

 6               ACTING PRESIDENT GRIFFO:  Calendar 

 7  Number 478 is before the house.  The Secretary 

 8  will read.

 9               THE SECRETARY:   Calendar Number 

10  478, by the Committee on Rules, Senate Print 

11  6830, an act to amend the --

12               ACTING PRESIDENT GRIFFO:   Can I 

13  have some order in the house, please.

14               The Secretary will continue to 

15  read.

16               THE SECRETARY:   Calendar Number 

17  478, by the Committee on Rules, Senate Print 

18  6830, an act to amend the Education Law.

19               SENATOR BRESLIN:   Explanation.

20               ACTING PRESIDENT GRIFFO:   An 

21  explanation has been requested.

22               SENATOR DeFRANCISCO:   Which bill 

23  is it?  

24               ACTING PRESIDENT GRIFFO:   We're on 

25  Calendar Number 478, technical changes to 

                                                               1944

 1  references --

 2               SENATOR DeFRANCISCO:   This was the 

 3  bill where, when the original bill was drafted, 

 4  the date references were wrong.  So this changes 

 5  the date references from 2011-2012 to 2012-2013.  

 6  But you knew that, because you gave me the 

 7  explanation.

 8               SENATOR KRUEGER:   Well, someone 

 9  else asked, but I was trying to be helpful.  

10               SENATOR DeFRANCISCO:   That's the 

11  explanation.  Thank you.

12               ACTING PRESIDENT GRIFFO:   Is there 

13  any other Senator wishing to be heard??

14               Seeing none, hearing none, the 

15  debate is closed.  The Secretary will ring the 

16  bell.

17               I would ask the members again to 

18  remain in the chamber and that there be order in 

19  the house.

20               Read the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect on the same date and in the 

23  same manner as Section 12-c of Part A of a 

24  chapter of the Laws of 2012.

25               ACTING PRESIDENT GRIFFO:   Call the 

                                                               1945

 1  roll.

 2               (The Secretary called the roll.)

 3               ACTING PRESIDENT GRIFFO:   Announce 

 4  the results.

 5               THE SECRETARY:   In relation to 

 6  Calendar Number 478, those recorded in the 

 7  negative are Senators Diaz, Duane and Parker.

 8               Absent from voting:  Senator 

 9  Espaillat.

10               Ayes, 56.  Nays, 3.

11               ACTING PRESIDENT GRIFFO:   The bill 

12  is passed.

13               Senator Libous.  

14               SENATOR LIBOUS:   Mr. President, 

15  can we now take up Calendar Number 484, please.

16               ACTING PRESIDENT GRIFFO:   Calendar 

17  Number 484 is before the house.

18               Again, I'm going to ask for some 

19  order in the chamber, please.  We have several 

20  bills remaining.

21               The Secretary will read.

22               THE SECRETARY:   Calendar Number 

23  484, Budget Bill, Senate Print 6256D, an act to 

24  amend the Public Health Law.  

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1946

 1  Breslin, why do you rise?

 2               SENATOR BRESLIN:   Mr. President, I 

 3  believe there's an amendment at the desk.  I ask 

 4  that the reading be waived and that I allowed to 

 5  be heard on the amendment.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Breslin, I will waive the reading and you may be 

 8  heard on the amendment.

 9               SENATOR BRESLIN:   Thank you, 

10  Mr. President.

11               The amendment I offer today, which 

12  would establish the New York Health Benefit --

13               ACTING PRESIDENT GRIFFO:   Excuse 

14  me, Senator Breslin.  

15               Once again, please, if we can 

16  please have some order in the chamber.

17               Senator Breslin.  

18               SENATOR BRESLIN:   Again, the 

19  amendment I offer today is the New York Health 

20  Benefit Exchange, a public benefit corporation 

21  that will serve as a marketplace for the purchase 

22  and sale of qualified health claims in the State 

23  of New York, in accordance with the Affordable 

24  Care Act.

25               Creating the health exchange will 

                                                               1947

 1  make health rates more affordable.  It will give 

 2  consumers and small businesses real help in 

 3  comparing insurance products and choosing one 

 4  that is right for them.  It will let consumers 

 5  and small businesses better navigate insurance 

 6  paperwork and changes relating to things like new 

 7  jobs or changing family circumstances, bringing 

 8  greater transparency and accountability to 

 9  healthcare plans.  

10               If New York does not have a health 

11  exchange up and running by January 1, 2013, the 

12  federal government will intercede and give us 

13  that change and charge us for it.  I do not 

14  understand why the Majority here refused to 

15  accept the Governor's proposal to include this in 

16  the budget, and therefore I am making a final 

17  appeal to my colleagues.  

18               The Affordable Care Act is here.  

19  We've seen kids in homes up to 26 years of age 

20  being afforded coverage.  We see preexisting 

21  conditions, part of the Affordable Care Act, now 

22  not being denied healthcare coverage.  We've seen 

23  the doughnut hole all but plugged totally.  

24               So I urge the entire body here 

25  today to think about this amendment and its 

                                                               1948

 1  importance to setting up a healthcare exchange 

 2  which will dramatically change the way healthcare 

 3  is delivered in the State of New York and provide 

 4  a way for businesses, particularly small 

 5  businesses, and the 2.8 million New Yorkers that 

 6  at any one point in time who do not have health 

 7  insurance, they'll be able to come to that 

 8  exchange and change the dynamics relative to 

 9  healthcare and make it more affordable.  

10               Thank you, Mr. President.  I urge a 

11  yes vote.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you, Senator Breslin.  All those in favor of the 

14  amendment signify by saying aye.

15               (Response of "Aye.")

16               ACTING PRESIDENT GRIFFO:    

17  Opposed?  

18               (Response of "Nay.")

19               SENATOR BRESLIN:   Can we have a 

20  show of hands, please. 

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Breslin has requested a show of hands.  All those 

23  voting for signify by raising your hands.  

24               (Senators raised their hands.)

25               ACTING PRESIDENT GRIFFO:   Announce 

                                                               1949

 1  the results.

 2               THE SECRETARY:   Ayes, 24.

 3               ACTING PRESIDENT GRIFFO:   The 

 4  amendment is not adopted.

 5               Senator Breslin.  

 6               SENATOR BRESLIN:   Thank you, 

 7  Mr. President.

 8               I believe there's an amendment at 

 9  the desk.  I ask that the reading be waived and 

10  that Senator Krueger be allowed to explain the 

11  amendment.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you, Senator Breslin.

14               In accordance with Rule 6, 

15  Section 4B, I have reviewed the amendment and 

16  rule that it is nongermane to the bill and 

17  therefore out of order.

18               SENATOR BRESLIN:   Mr. President, I 

19  would appeal that decision and request that you 

20  allow Senator Krueger to be heard on that appeal.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Breslin has appealed the ruling of the chair.  

23  And, Senator Krueger, you may be heard on that 

24  appeal.

25               SENATOR KRUEGER:   Thank you, 

                                                               1950

 1  Mr. President.  

 2               I have to disagree with your 

 3  finding that this is not germane.  This proposal 

 4  for a full state takeover of the total local 

 5  Medicaid cost share is extremely germane to the 

 6  Health and Mental Hygiene Article 7 bill for the 

 7  following reasons.  

 8               Part F of Senate Bill 6256D, the 

 9  bill we are on, includes a partial state takeover 

10  of the local Medicaid costs, as originally 

11  proposed in the Executive Budget.  This proposal 

12  in my amendment before you simply extends what is 

13  already in the Health and Mental Hygiene bill 

14  which authorizes reimbursements for expenditures 

15  made by or on behalf of social service districts 

16  for medical assistance for needy persons and the 

17  administration thereof, and seeks a state 

18  assumption of local Medicaid costs.

19               This amendment proposes a 10-year 

20  phased-in state takeover of the total local cost 

21  share of Medicaid beginning in fiscal year 

22  2015-2016, New York City and all counties outside 

23  of New York City.

24               If you were to accept this 

25  proposal, this would represent the single largest 

                                                               1951

 1  mandate relief initiative anyone has proposed in 

 2  the history of our state.  It would result in 

 3  crucial property tax relief for the localities 

 4  throughout the state.  

 5               For the record, New York State is 

 6  the only state with large Medicaid programs that 

 7  requires localities to significantly assist in 

 8  paying for the cost of the program.  Our 

 9  localities finance their portion of the Medicaid 

10  program through their property taxes, and 

11  Medicaid payments are the most costly mandate 

12  expenditure for our localities.

13               In fiscal year 2011-2012 it was 

14  estimated that localities will have spent nearly 

15  $7.3 billion on Medicaid, or approximately 

16  15 percent of the program's total cost for 

17  New York State.

18               This proposal will provide fiscal 

19  relief to localities by taking over the full 

20  local responsibility for payments over a 10-year 

21  period.  This proposal would provide a total of 

22  $42 billion in savings to counties and the City 

23  of New York over that 10-year period beginning in 

24  2015-2016 and ending in fiscal year 2024-2025, a 

25  $7.6 billion dollars in local savings for each 

                                                               1952

 1  year thereafter.  

 2               This proposal, if we were to accept 

 3  it, would help local governments balance their 

 4  budgets with associated savings being able to be 

 5  used to provide additional services to local 

 6  citizens and property tax relief.

 7               Further, this proposal is very 

 8  timely in recognition of the gradual state 

 9  takeover of the local administration of the 

10  Medicaid program described within the bill before 

11  this house, and the shift in responsibility will 

12  assist the state in becoming a singular entity in 

13  charge of administration.  

14               The Governor's own Medicaid 

15  Redesign Team called for a full state takeover as 

16  an official recommendation.  The New York State 

17  Association of Counties also supports a full 

18  state takeover proposal.  And for the record, 

19  this amendment is extremely similar to a bill 

20  proposed by my colleague Senator Gallivan here in 

21  this house which was introduced in 2011.  

22               It is for all these reasons that I 

23  am offering this amendment today and believe it 

24  is completely germane to the bill before us.

25               Let me be clear.  A vote against 

                                                               1953

 1  germaneness is a vote against mandate and 

 2  property tax relief for New York cities and 

 3  towns.  Thank you.

 4               ACTING PRESIDENT GRIFFO:   Thank 

 5  you, Senator Krueger.  

 6               And let me reiterate that we are 

 7  just voting on the ruling of the chair.  All 

 8  those in favor of overruling the ruling of the 

 9  chair signify by saying aye.

10               (Response of "Aye.")

11               ACTING PRESIDENT GRIFFO:   

12  Opposed?  

13               Senator Breslin.  

14               SENATOR BRESLIN:   A show of hands, 

15  here, please, Mr. President.  

16               ACTING PRESIDENT GRIFFO:   Senator 

17  Breslin has requested a show of hands.  It is so 

18  ordered.

19               (Senators raised their hands.) 

20               ACTING PRESIDENT GRIFFO:   Announce 

21  the results.

22               THE SECRETARY:   Ayes, 25.

23               ACTING PRESIDENT GRIFFO:   The 

24  ruling of the chair stands.  

25               The bill is before the house.

                                                               1954

 1               Is there any other Senator wishing 

 2  to be heard?

 3               Senator Rivera.

 4               SENATOR RIVERA:   Thank you, 

 5  Mr. President.  

 6               I rise today to talk a little bit 

 7  about one of the last bills that we're going to 

 8  be dealing with today, dealing specifically with 

 9  health and mental hygiene.  

10               I think, first of all, that if we 

11  missed an opportunity as relates to capital 

12  funding and MTA funding, here we missed an even 

13  bigger opportunity.  I think that we have, by not 

14  including the healthcare exchange -- something 

15  that it would be fully funded by the federal 

16  government and something that is absolutely 

17  necessary to make sure that our state's citizens 

18  receive access to healthcare and save money in 

19  the process -- we missed an incredible 

20  opportunity to be able to establish it here.  

21               I believe that my colleagues should 

22  be embarrassed that we didn't include this in the 

23  final product.  The majority of people of the 

24  state want for this to happen, were supportive of 

25  the President's efforts in making sure that the 

                                                               1955

 1  Affordable Care Act was approved at the national 

 2  level, and certainly are supportive of the 

 3  actions that we have to take here at the state 

 4  level to make sure that this extends to our 

 5  citizenry.

 6               We didn't do that today.  And by 

 7  not doing that, we are blocking 1 million 

 8  uninsured New Yorkers, we are blocking their 

 9  access to affordable healthcare and affordable 

10  health insurance coverage.

11               Now, I'm very thankful that the 

12  Governor has said that he is going to create this 

13  by executive order, but it is totally 

14  unacceptable that we did not do it in the 

15  Legislature.  It is here that we should do it, 

16  and the Governor shouldn't have to go around 

17  Senate Republicans to get this done.

18               I think that there's a lot of 

19  politics that is driving this conversation --

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Rivera, you need to speak to the bill.  The 

22  amendment was before the house and defeated.  We 

23  are now on the bill in its present form, please.

24               SENATOR RIVERA:   Yes, 

25  Mr. President.

                                                               1956

 1               I believe that we should have 

 2  included this in the bill.  

 3               There is something else that the 

 4  bill does not have which was one of the original 

 5  proposals that was presented, and that was the 

 6  proposal that required certain pharmacies to 

 7  provide translation services to individuals with 

 8  limited English proficiency.  This is something 

 9  else that I believe needed to be included in this 

10  proposal.  It was in the original Executive 

11  proposal and eventually was taken out by this 

12  house.  It was also supported by our colleagues 

13  in the Assembly.  

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Hannon, why do you rise?

16               SENATOR HANNON:   I'd like to ask a 

17  question of the speaker.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Rivera, will you yield to Senator Hannon?

20               SENATOR RIVERA:   Absolutely.

21               ACTING PRESIDENT GRIFFO:   Senator 

22  Hannon.

23               SENATOR HANNON:   Are you aware 

24  that those provisions you're now objecting to 

25  their omission were moved from the Health bill 

                                                               1957

 1  and put in the Education bill?

 2               SENATOR RIVERA:   This one in 

 3  particular?

 4               SENATOR HANNON:   Absolutely.  

 5  Almost 90 percent of the original Governor's 

 6  proposal, it's in the Education bill.

 7               SENATOR RIVERA:   Through you 

 8  Mr. President, I thank you for making the 

 9  observation.  I was unaware that some of this had 

10  been moved over to that particular bill.  

11               I still think that we should have 

12  included it in this piece of legislation as was 

13  originally intended in the proposal, but I thank 

14  Senator Hannon for bringing it to my attention.

15               Overall, ladies and gentlemen, I 

16  think that we have missed a series of 

17  opportunities in this bill, were it for the 

18  insurance exchange that we didn't include or for 

19  part of this funding related to translation that 

20  we did not include in this bill.  I believe that 

21  we could be doing better.  We have missed a few 

22  opportunities today.  I will be voting in the 

23  negative on this piece of legislation.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Duane.

                                                               1958

 1               SENATOR DUANE:   Thank you, 

 2  Mr. President.  Would the chair of the Health 

 3  Committee yield?  

 4               ACTING PRESIDENT GRIFFO:   Do you 

 5  want to speak to Senator DeFrancisco or 

 6  Senator Hannon?

 7               SENATOR DUANE:   I believe 

 8  Senator Hannon.

 9               ACTING PRESIDENT GRIFFO:   Without 

10  objection, Senator Hannon may have the floor.  

11               Senator Hannon.

12               SENATOR DUANE:   I wanted to know 

13  why the D&TCs are not going to be able to access 

14  HEAL money and what is the reasoning behind that.

15               ACTING PRESIDENT GRIFFO:   Senator 

16  Hannon.

17               SENATOR HANNON:   The question is 

18  there is an existing fund of money that has been 

19  used for capital construction, and it was 

20  originally started when the restructuring 

21  commission, called the Berger Commission, was 

22  established several years ago.  

23               The monies available through that 

24  are now limited.  They're down to about 

25  $500 million, of which $450 million were put up 

                                                               1959

 1  for requests for proposals last November.  And 

 2  the primary policy indication is that most of 

 3  that money was going to be oriented towards 

 4  restructuring of Brooklyn hospitals.

 5               Given the nature of that backdrop, 

 6  when the proposal was to expand the HEAL monies 

 7  to diagnostic and treatment centers, the thought 

 8  was (A) there's too little money remaining; 

 9  (B) there are other needs throughout the state.  

10               And so not necessarily because 

11  people don't favor diagnostic and treatment 

12  centers, which are aimed at doing primary care 

13  and outpatient care, but rather because there's a 

14  scarcity of funds available, they were not 

15  included.

16               SENATOR DUANE:   And through you, 

17  Mr. President, if the chair would continue to 

18  yield.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Hannon yields.

21               SENATOR HANNON:   Yes.

22               SENATOR DUANE:   Even if that is 

23  the case, why was it necessary to explicitly put 

24  that into language?

25               SENATOR HANNON:   If that's a 

                                                               1960

 1  question, we just didn't include it.  We didn't 

 2  put anything explicitly into language.  It was 

 3  not included as originally requested.

 4               SENATOR DUANE:   Through you, 

 5  Mr. President, if the sponsor would continue to 

 6  yield.

 7               SENATOR HANNON:   Yes.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Hannon yields.

10               SENATOR DUANE:   I believe that 

11  whether they are excluded because they are not 

12  explicitly mentioned or whether they're excluded 

13  because they are explicitly said to be excluded, 

14  the result is still the same:  They are 

15  excluded.  And so, again, I'm wondering why they 

16  are being singled out in the budget.

17               SENATOR HANNON:   Well, the simple 

18  answer is yes, they're not there.

19               The bigger answer is they're not 

20  being singled out because no one else had 

21  requested to be into the HEAL funding.

22               The bigger, bigger answer would be 

23  what I have said to folks doing primary care and 

24  concerned with Brooklyn, is if you're going to be 

25  looking at the structure of healthcare in that 

                                                               1961

 1  borough and any other county or borough that has 

 2  a similar type of situation, is you want to start 

 3  defining what a community should have in terms of 

 4  its healthcare system.  What should be there in 

 5  primary care, what should be there in emergency 

 6  rooms, what should be there as ambulatory 

 7  centers?  

 8               Do we continue to have to have 

 9  hospitals as the center and the be-all and the 

10  end-all of the healthcare delivery system?  

11  They're expensive, sometimes they're outmoded, 

12  sometimes their infrastructure is just way beyond 

13  repair.  So there's a need to take a look at what 

14  the healthcare system ought to be.

15               And in many of the ways that we 

16  have done through the Medicaid Redesign Team, 

17  we're trying to revamp and relook at what that 

18  delivery system should be.  And that's the bigger 

19  picture of where we should be going down the 

20  road.

21               SENATOR DUANE:   Through you, 

22  Mr. President, if the chair would continue to 

23  yield.

24               SENATOR HANNON:   Yes.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1962

 1  Hannon yields.

 2               SENATOR DUANE:   I just wanted to 

 3  get clarification of how much money is still 

 4  available in HEAL grants, how much money has not 

 5  been, if you will, put out, given to 

 6  institutions.

 7               SENATOR HANNON:   Well, this is not 

 8  accurate, but this is my best guess, is it's 

 9  about $500 million.  The reason it's a guess is 

10  we do know that it's at least $450 million, 

11  because that was what was put up for request for 

12  proposals in November of 2011.

13               The remaining money would be unused 

14  expenditures from those who had previously 

15  received awards and for one reason or another, 

16  their capital programs or in some cases they 

17  would be information technology infrastructure, 

18  those projects haven't been able to go forward.

19               SENATOR DUANE:   Through you, 

20  Mr. President, if the chair would continue to 

21  yield.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Hannon yields.

24               SENATOR DUANE:   The "prescriber 

25  prevails" in the final Article 7 budget bill 

                                                               1963

 1  provides that managed care will cover some 

 2  prescription drugs, but only the atypical 

 3  antipsychotic drugs -- you know, the nonformula 

 4  antipsychotic therapeutic drugs.  And I'm 

 5  wondering why they were singled out over organ 

 6  transplant rejection drugs or certain specific 

 7  diseases or some kinds of cancer, for instance, 

 8  or HIV/AIDS.  

 9               Why are only antipsychotic drugs 

10  now covered through Medicaid managed-care plans 

11  and not the others?  What was the thinking behind 

12  that?  

13               SENATOR HANNON:   The backdrop to 

14  the policy question lies in the fact that on 

15  October 1, 2011, as a result of actions by this 

16  Legislature a year ago, the provision of 

17  pharmaceutical drugs to those on Medicaid was now 

18  done through the Medicaid managed-care plans 

19  instead of being directly administered by the 

20  state.  When it had been administered by the 

21  state, there was a provider-prevail policy 

22  provision.

23               Going completely -- there was a 

24  change in delivery of drugs for 3 million 

25  New Yorkers that happened all at once.  There 

                                                               1964

 1  have been some anecdotal reports that has not 

 2  been done correctly.  There were suggestions that 

 3  provider-prevail ought to be carried over to all 

 4  of those Medicaid recipients.  And in fact in the 

 5  budget bill that passed and the resolution that 

 6  passed in this house a couple of weeks ago, we 

 7  had a much broader provision.  

 8               When it came to negotiating 

 9  provider-prevail with the other house and the 

10  Executive, we found that this became a very 

11  costly item to include in the final budget.  The 

12  provision that's in there now for the atypical 

13  psychiatric drugs costs, in this budget, 

14  $3 million.  That's only for a partial fiscal 

15  year.  On a full fiscal year, it would be over 

16  $12 million.  Those were monies that were not 

17  able to be found in the monies available to the 

18  health table, and the result is what you have 

19  correctly described as resulting in the bill.

20               SENATOR DUANE:   And through you, 

21  Mr. President, if the chair would continue to 

22  yield.

23               SENATOR HANNON:   Yes.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Hannon yields.

                                                               1965

 1               SENATOR DUANE:   The bill that's 

 2  before us is going to make it so that -- well, 

 3  actually what I'd like is an explanation of the 

 4  Medicaid part B cost-sharing limits.  What is the 

 5  impact on the dual-eligible Medicaid/Medicare 

 6  people?  I want to know what the real-life 

 7  implications --

 8               SENATOR HANNON:   What section?

 9               SENATOR DUANE:   It is Section 41.  

10  It will limit the Medicaid coinsurance for 

11  Medicare covered Part B services when the total 

12  coinsurance amount would exceed the amount 

13  Medicaid would have paid using a Medicaid rate.

14               In other words, it definitely, I 

15  think -- well, so I guess I can't say I 

16  definitely think.  I believe it is true for 

17  dual-eligible Medicaid/Medicare recipients.  Is 

18  that correct?  And who else will that impact?  

19  It's an informational question.

20               SENATOR HANNON:   Well, it's a 

21  technical accounting question and I will get you 

22  the details of it.  I've had it explained to me, 

23  and it's one of those answers that goes out of 

24  your head after you get the explanation.  But 

25  it's frankly nothing more.  It's not policy, but 

                                                               1966

 1  it's technical accounting.

 2               SENATOR DUANE:   Okay, thank you.

 3               If the chair would -- I know he's 

 4  not the sponsor, but if the chair would continue 

 5  to yield, would kindly continue to yield.

 6               SENATOR HANNON:   Yes, sure.

 7               SENATOR DUANE:   And I thank him 

 8  for his patience, and everyone else.  

 9               The HEAL New York funds -- and I 

10  know this has been raised before, but I was 

11  hoping that the chair could just be a little bit 

12  more specific in how that part of the budget was 

13  amended from its original format.

14               SENATOR HANNON:   The only thing 

15  that was added was to attempt to have an 

16  equitable distribution of funds as far as 

17  practicable.  And I think that was the language 

18  that was added.

19               SENATOR DUANE:   Well -- and 

20  through you, Mr. President, if the chair would 

21  just continue to yield.

22               ACTING PRESIDENT GRIFFO:   Senator 

23  Hannon yields.

24               SENATOR DUANE:   So the origin of 

25  the language was I believe with the Senate 

                                                               1967

 1  Majority, and that did stipulate that no more 

 2  than 50 percent of HEAL funds could be 

 3  distributed to a particular economic region.

 4               So how explicit is that -- how has 

 5  that been amended or has it been amended?  And if 

 6  so, how explicitly has it been amended?

 7               SENATOR HANNON:   The bill now says 

 8  that "provided, however, that to the extent 

 9  practicable, the commissioner shall award such 

10  grants equitably among health planning regions of 

11  the state."

12               SENATOR DUANE:   And through you, 

13  Mr. President, just to clarify, if the chair just 

14  would clarify.  So the 50 percent has been taken 

15  out?  

16               SENATOR HANNON:   There is no 

17  50 percent in this sentence.

18               SENATOR DUANE:   Thank you.

19               Okay, and the Preferred Drug 

20  Program extender, it's extended until June 15th.  

21  You know, the PDP.

22               SENATOR HANNON:   Which section are 

23  you speaking about?  

24               SENATOR DUANE:   Part G.  And most 

25  specifically, it's Section 14.  If the chair 

                                                               1968

 1  would be so kind as just to explain what 

 2  Section 14 -- what was the impact of not 

 3  extending all provisions of the PDP program.  

 4  It's my understanding that it doesn't extend to 

 5  Section 14.  So what is it that mean in real 

 6  terms?

 7               SENATOR HANNON:   That was in the 

 8  original bill.

 9               SENATOR DUANE:   So if the sponsor 

10  would just --

11               SENATOR HANNON:   I don't have what 

12  it was extended.  I believe it was in the 

13  original bill.

14               SENATOR DUANE:   And so through 

15  you, Mr. President, the chair and I will I assume 

16  discuss it at a later --

17               SENATOR HANNON:   I will get you 

18  the information.

19               SENATOR DUANE:   Thank you.

20               Again, just because the language is 

21  confusing in the final bill, the integration of 

22  health and behavioral health services delivery, 

23  there was -- the Senate modified that a little 

24  bit.  And again -- oh, it's -- I may not have 

25  written down the page.  Is it part -- Part L, I 

                                                               1969

 1  believe.  Part L, yes.

 2               And through you, Mr. President, 

 3  while this is being looked at, these questions 

 4  are not in any way meant to be hostile, and I 

 5  hope they're not taken that way.  They are truly 

 6  informational, because it's a very -- it's a new 

 7  and actually very good concept, but there was a 

 8  modification from the original Executive Budget, 

 9  and it's hard for me to figure out what the 

10  modification has been.

11               SENATOR HANNON:   Senator Duane, 

12  Part L deals with joint action by OASAS and the  

13  Office of Developmental Disabilities along with 

14  the commissioner of the Department of Health when 

15  they would be jointly acting.  This is an attempt 

16  to streamline the operations of these agencies, 

17  tie them together, because they are all in one 

18  way or another funded by Medicaid and federal 

19  regulation.  

20               And to the extent that it's clear 

21  here, there's a lot of clarity here, to the 

22  extent there needs to be discretion, the 

23  commissioner is given discretion.

24               SENATOR DUANE:   And just through 

25  you, Mr. President, the one thing that I did see, 

                                                               1970

 1  and I just want to confirm this, is that the 

 2  difference is that the reporting requirements 

 3  were -- well, they seem to have been nonexistent 

 4  before and now there are reporting requirements 

 5  and a requirement of how this delivery of the 

 6  integrated services are constructed now must be 

 7  presented to the Legislature.  

 8               Is that what the change was -- is?  

 9  Does this sound accurate?

10               SENATOR HANNON:   Well, I think the 

11  language is very clear.  I think there is an 

12  accountability that's set forward here, there's a 

13  transparency.  What different versions had on 

14  this would have been only technical.  

15               And I think this -- I think it's a 

16  very positive step forward as we try to integrate 

17  so much of our O agencies into a care management 

18  system and for the better care of the patient.  

19               SENATOR DUANE:   Yes.  And through 

20  you, Mr. President, I'm going to make a 

21  statement.  I think it's a good thing to have 

22  reporting to the Legislature both on the 

23  construction of the integration -- and of course 

24  it would be great to see outcomes.  And if that's 

25  the result of what the new language is, then that 

                                                               1971

 1  would be a good thing.

 2               And finally, and really finally, 

 3  the educational service for children in OMH 

 4  facilities and hospitals, originally there was 

 5  going to be an agreement between the Office of 

 6  Mental Health and State Ed to establish some 

 7  pilot programs.  This is a very disempowered 

 8  population.  

 9               The proposal in the Executive 

10  Budget I believe was very good, but the Senate 

11  modified it.  Am I correct in assuming that 

12  instead of going forward with it completely we're 

13  now just going to have pilot programs and no 

14  specific schedule?

15               SENATOR HANNON:   The goal was to 

16  have the education given through OMH to be at 

17  least the equivalent of what we give children in 

18  the public school system.  And it was always 

19  intended to be a pilot.  I think the 

20  modifications in the language came as a result of 

21  discussions with the Assembly.

22                I don't know that they've actually 

23  changed the guts of what the administration wants 

24  to do with this in terms of, and you're correct, 

25  how to improve the system.

                                                               1972

 1               SENATOR DUANE:   Okay, thank you, 

 2  Mr. Chairman.  

 3               And if I may speak on the bill.

 4               ACTING PRESIDENT GRIFFO:   Senator 

 5  Duane on the bill.

 6               SENATOR DUANE:   I have very strong 

 7  concerns about the lack of a complete restoration 

 8  of the prescriber-prevail provisions that we 

 9  previously had and that we're only limiting it to 

10  antipsychotic therapeutic drugs.  I think the 

11  decisions specifically around those conditions 

12  which had previously been carved out for 

13  prescriber-prevails, there was good reason to do 

14  that.  

15               I think the decisions made between 

16  healthcare providers and patients or consumers, 

17  particularly around those conditions, I regret 

18  that they were removed originally and I regret 

19  that only antipsychotics are being put back in.  

20  I believe that they all should have been put in. 

21               I also am saddened that there's a 

22  delay in the implementation of the COLA for at 

23  least a year for various human services 

24  programs.  It seems unfair that those who we 

25  entrust with helping the most vulnerable are not 

                                                               1973

 1  getting their COLA.  They didn't cause the 

 2  financial crisis, and for them not to get a COLA 

 3  just piles on what already is a condition of an 

 4  employment where people are underpaid for really 

 5  very, very important work.  

 6               I think it's a positive thing that 

 7  we added money for women's health and wellness 

 8  programs.  I also think it's a good thing that we 

 9  provided money for the Niagara Health Quality 

10  Coalition.  As the chair knows, and others, these 

11  are things that I think matter a lot, and I hope 

12  we can build on those in the outyears.  

13               The money that's put in for the 

14  Nurse Family Partnership, particularly as we 

15  transform healthcare, is very good.  But sadly, 

16  the appropriation is not enough.  And again, the 

17  Nurse Family Partnership is, I believe, going to 

18  be and is a very good health policy, but we 

19  really are not devoting the resources to it.  

20               I'm not going to go through my 

21  position, which would come as no surprise to 

22  anyone, about additional grants, that there 

23  should be more for HIV education, prevention, 

24  et cetera.  Also grants to Article 28 treatment 

25  centers, because sadly HIV continues to be a 

                                                               1974

 1  chronic problem in our state.  

 2               And I also, because I think that 

 3  the relationship between particularly our 

 4  universities and our academic medical centers, 

 5  that we are not -- or it doesn't seem as if maybe 

 6  money will be found later on -- that we are 

 7  taking $5 million away from the stem cell grant 

 8  expenditures is -- it's bad public policy.  We 

 9  should be investing more at this time in that 

10  kind of research.  And it's also an investment in 

11  our universities and our academic medical 

12  centers.  

13               I know that Senator Montgomery has 

14  mentioned this many times.  And while there is 

15  money for new and existing school-based health 

16  centers, again, that's the best way to reach 

17  children for preventive care.  And we can do 

18  more, we can do better.  

19               The same is true of -- and I know 

20  these are tough times.  And as you know, I am 

21  supportive of -- though I know we changed the tax 

22  structure last year, I still think that we need 

23  to have some people put up more of their fair 

24  share so that we can do things like put more 

25  money into the Breast Cancer Network.  

                                                               1975

 1               I'm very concerned about what the 

 2  EI -- there was a shift from having an EI 

 3  infrastructure, a big umbrella, to replace what's 

 4  there now.  There's no language at all about it 

 5  in the budget.  The devil will be in the 

 6  details.  But EI is a very -- I know it's a 

 7  contentious issue, both from expense and, you 

 8  know, philosophically, perhaps.  But how the 

 9  changes will happen I think is something that 

10  needs to be transparent.  

11               I am a big supporter of Roswell, 

12  and I'm glad we're giving them more time to 

13  develop a plan.  They certainly needed that.  

14               And, I don't know, I have a sense 

15  that maybe people would be -- they don't want to 

16  only hear the bad and not the good, so maybe I'll 

17  stop with that, because there's more good and 

18  bad, and --

19               ACTING PRESIDENT GRIFFO:   Thank 

20  you, Senator Duane.

21               SENATOR DUANE:   -- so I'll just 

22  wrap up, if I may.

23               I still am -- I am incredibly upset 

24  about the -- whether it's implicit or omission or 

25  comission, that HEAL grants can't go to D&TCs.  

                                                               1976

 1  As we see more hospital closures, they are 

 2  picking up the slack.  They're doing the work.  

 3  They need to be eligible to get HEAL grants.  

 4               We need to restore the 

 5  prescriber-prevails for those categories which we 

 6  had previously had which were removed in last 

 7  year's budget.  Yes, the antipsychotic prevails 

 8  being put back in, that's good.  But we should 

 9  not have left off the others. 

10               I do not want us to forget or not 

11  bring to the table pharmacies, large and small, 

12  about translation services.  This is going to be 

13  a direct impact, a mandate upon them.  

14  Particularly the smaller pharmacies, the 

15  independent ones who have many managed-care 

16  clients, this is going to be burdensome.  

17               And there are many places across 

18  the state where there aren't enough pharmacies.  

19  Senator Young and I, though there was also money 

20  put in for -- we need to be investing in primary 

21  health care in rural areas, and part of that 

22  investment has to be to keep independent 

23  pharmacies alive.  Because independent pharmacies 

24  know who lives in our rural areas and they can be 

25  incredibly helpful to their clients.  

                                                               1977

 1               And this mandate is going to affect 

 2  them, and I think we do a disservice.  I hope 

 3  they don't go out of the business, but we're 

 4  losing a lot of them as it is.  And they're a 

 5  very important part of providing rural 

 6  healthcare, particularly primary healthcare.

 7               And finally -- and again, I do this 

 8  in a spirit of collegiality -- I very much want 

 9  to in the outyears work with the Executive, with 

10  both parties in both houses to work on some of 

11  these issues to make sure that we reach out to 

12  the stakeholders.  I as you know didn't go 

13  through the entire list of where my concerns are, 

14  but we have much work to do.  

15               I know that the federal healthcare 

16  reform law is before the Supreme Court.  However 

17  it comes out will -- if it's changed in any way 

18  will have a dramatic input on healthcare 

19  delivery, as well as what the state has been and 

20  is doing and is doing in this budget is going to 

21  have an impact on all New Yorkers and New York 

22  families and families with children and families 

23  with challenges, health challenges and challenges 

24  with access to healthcare.

25               So I do that in a spirit of wanting 

                                                               1978

 1  to see cooperation on that, because we all know 

 2  our districts very well and what's needed.  

 3               For instance, I've found that urban 

 4  and rural healthcare needs are remarkably 

 5  similar, and I look forward to all of us working 

 6  together, both houses, both parties, the 

 7  Executive and stakeholders, to make sure that we 

 8  do not hurt healthcare delivery but that we 

 9  provide the best possible healthcare for all New 

10  Yorkers even if that means we need to get more 

11  revenue so that we will have the resources to do 

12  that.

13               Thank you, Mr. President.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Hassell-Thompson.

16               SENATOR HASSELL-THOMPSON:   Just 

17  very quickly on the bill, Mr. President.

18               ACTING PRESIDENT GRIFFO:   Senator 

19  Hassell-Thompson on the bill.

20               SENATOR HASSELL-THOMPSON:   As 

21  someone who spent a great deal of her life prior 

22  to coming to the Senate in the field of health 

23  and healthcare proviso, it's incumbent upon me to 

24  just make couple of comments.

25               One, as Senator Hannon knows, we 

                                                               1979

 1  don't agree on a whole lot of things, but one of 

 2  the things that I have to agree with his 

 3  statement on -- and I do this very carefully -- 

 4  medicine of the future is not going to be 

 5  dependent on hospital beds.  And so that when 

 6  we're talking about how do we plan to ensure that 

 7  the healthcare needs of all of our 

 8  communities are taken care of, rushing to save 

 9  hospital beds is not the answer.

10               But I am concerned that the SAGE 

11  Committee and some of the other people who have 

12  had input into making some of the determinations 

13  about healthcare in the future do not contain 

14  enough people from the field of health to help to 

15  make the kind of determinations that I think are 

16  really in the best interests of all New Yorkers.

17               In our desire to save money, to be 

18  careful about how we expend the state dollars, we 

19  cannot rush to judgment but rather need to be 

20  very thoughtful and deliberate in terms of how we 

21  look to provide the care of all of our citizens 

22  and take into consideration the cultural 

23  differences if we're going to ensure that we're 

24  going to really be providing that which is in the 

25  best interests and will attract people to coming 

                                                               1980

 1  in to get healthcare in a preventive mode, 

 2  thereby saving a lot of money on the back end.

 3               So I think that as we look at how 

 4  we expend our money, the concerns that Senator 

 5  Duane continues to raise and I would continue to 

 6  reiterate -- that we're still not doing enough in 

 7  terms of HIV and AIDS among our women and the way 

 8  in which treatment is being developed is still 

 9  designed around how men receive treatment as 

10  opposed to the needs of women.  And so I think 

11  there are a lot of things that need to be taken 

12  into consideration.  And I don't want us to just, 

13  in our desire too be fiscally responsible, be 

14  medically irresponsible.

15               Thank you, Mr. President.

16               ACTING PRESIDENT GRIFFO:   Thank 

17  you.

18               Is there any other Senator wishing 

19  to be heard?  Senator Hannon.

20               SENATOR HANNON:   Yes, 

21  Mr. President.

22               I'm not going to get into the vast 

23  amount of things we have done in a positive way 

24  in this bill.  But I just wanted to mention that 

25  the EPIC program has been one, I think, of a 

                                                               1981

 1  hallmark of accomplishment.  

 2               Nowhere near as much a restoration 

 3  as I would have liked, but still a major 

 4  restoration and a major addition, because there 

 5  has been a determined policy from Budget that 

 6  they would like to have it done away from our 

 7  public health system in New York.

 8               And I also want to just point out 

 9  one other thing.  People keep on making mention 

10  of the health exchange.  My whole position on the 

11  health exchange, and it's a personal one, is what 

12  does it cost.  Where is the money going to come 

13  from, but what is it going to cost?  

14               The more we go into the debate we 

15  don't need to look into anyone's ideological 

16  viewpoint, we don't need to look into Supreme 

17  Court arguments, we need to know what it's going 

18  cost the state.  

19               As I hear people in this chamber on 

20  the Democratic side offer amendments to better 

21  the STAR program, money that I don't know where 

22  we would get that money, even though I like that 

23  STAR program, as I hear people offer amendments 

24  to have a takeover Medicaid from the local -- a 

25  policy I think is a really good idea, but I don't 

                                                               1982

 1  know where we'd get the money -- I think we have 

 2  to be prudent with the people's dollar and figure 

 3  out where is the money going to come from if we 

 4  ever have a health benefit exchange.  

 5               We know that there's questions as 

 6  to what would be in the essential benefit 

 7  package.  The federal healthcare reform law says 

 8  that the state pays for anything in that package 

 9  over and above what the federal government says 

10  is the basic package.  We know that there are 

11  lots of other parts to this healthcare reform.  

12               Not dealing with the people who are 

13  in the exchange, but people who are on Medicaid, 

14  we know that many people will go on to Medicaid 

15  to avoid the individual mandate, if that 

16  survives.  That addition would be a burden to 

17  localities as well as to the state.

18               So there's a lot of questions, and 

19  I think those questions need to be answered.  

20  We've been supportive of expansion of coverage in 

21  the past and will be in the future.  But we need 

22  to know what it costs before we put a burden on 

23  our taxpayers.

24               Thank you, Mr. President.

25               ACTING PRESIDENT GRIFFO:   Senator 

                                                               1983

 1  Diaz.

 2               SENATOR DIAZ:   Thank you, 

 3  Mr. President.

 4               I was not going to speak on this 

 5  one, I was going keep quiet, but Senator Hannon 

 6  mentioned EPIC.  And by him mentioning EPIC, I 

 7  have to speak about EPIC and about the travesty 

 8  that we're doing in this piece of legislation 

 9  with EPIC.

10               However, as I said a few days ago, 

11  I have to give credit to the Republican side, I 

12  have to give a little credit, I said last time, 

13  about EPIC.  The only credit I'm going to give 

14  you, Senator Hannon and Senator Skelos and that 

15  side, is that last year Governor Cuomo took away 

16  $58 million from EPIC, $58 million, forcing the 

17  senior citizens, many of them, to pay 25 percent 

18  of their prescription drugs.  Seniors that don't 

19  have money, they have to decide if they eat, if 

20  they pay their rent, if they pay utilities or if 

21  they buy their medicine.

22               That was last year.  So this year, 

23  Governor Cuomo, not satisfied enough with what he 

24  did last year, requested $48 million in this 

25  year's budget to take away from EPIC.  And I'm 

                                                               1984

 1  going to give you credit because you, that side, 

 2  tried to put the whole $48 million back.  Yes, 

 3  let's give credit where credit is due.  It was 

 4  the Assembly side that decided not to put any 

 5  money, and you had to agree to put $30 million 

 6  back.

 7               And I'm going to go that far to 

 8  give you credit, $30 million back on EPIC this 

 9  year.  However, however, those $30 million will 

10  be due on January 1, 2013.  Meaning that seniors 

11  cannot get sick until January 1, 2013.  Because 

12  if they get sick from now to 2013, thanks to 

13  Governor Cuomo's budget of last year and this 

14  year, they're going to have to pay 25 percent out 

15  of their pocket of their prescription drugs.

16               So, ladies and gentlemen, this 

17  action is killing our seniors, to tell those 

18  senior citizens wait until January 1, 2013, so 

19  the $30 million that the Republican side agreed 

20  to put back -- I give you that credit, Senator 

21  Skelos.  At least they got $30 million.  Because 

22  the other side, the Democratic side, the Assembly 

23  side, the Democrats didn't want nothing.  

24               So I've got no problem with saying 

25  that.  On the other hand, the seniors have to 

                                                               1985

 1  wait -- I'm going to repeat myself again -- till 

 2  January 1, 2013, to get sick and to be able to 

 3  use some money out of EPIC.  

 4               This is a travesty, it's an abuse 

 5  it's something that we -- it's uncalled for to 

 6  put our senior citizens through this.  And that's 

 7  why I'm asking all of you to vote no.  Vote no.  

 8  Tell the Governor, Governor, no, enough is 

 9  enough.  No.  Thank you.

10               ACTING PRESIDENT GRIFFO:   Seeing 

11  and hearing no other Senator who wishes to be 

12  heard or speak, I now close debate and ask the 

13  Secretary to ring the bell.  

14               The Secretary will substitute the 

15  bill.

16               THE SECRETARY:   On page 24, 

17  Senator DeFrancisco moves to discharge, from the 

18  Committee on Finance, Assembly Bill Number 

19  9056D and substitute it for the identical Senate 

20  Bill Number 6256D, Third Reading Calendar 484.

21               ACTING PRESIDENT GRIFFO:   The 

22  substitution is so ordered, and the Secretary 

23  will read the bill.

24               THE SECRETARY:   Calendar Number 

25  484, Budget Bill, Assembly Print 9056D, an act to 

                                                               1986

 1  amend the Public Health Law.

 2               ACTING PRESIDENT GRIFFO:   Read the 

 3  last section.

 4               THE SECRETARY:   Section 2.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT GRIFFO:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               ACTING PRESIDENT GRIFFO:   Senator 

10  Montgomery to explain her vote.

11               SENATOR MONTGOMERY:   Yes, 

12  Mr. President, to explain my vote on this 

13  particular part of our budget.  

14               The healthcare in particular, I 

15  want to thank my colleague Senator Duane, who's 

16  mentioned school-based health, and my colleagues 

17  who have talked about the HEAL grant.  I think 

18  those two concepts in terms of health reform for 

19  our state are extremely important.

20               I am very, very disappointed that 

21  the HEAL funding will not be available for the 

22  D&TCs, because that's where primary and 

23  preventive care is in fact provided for people.  

24  And we certainly know that as we're looking for 

25  planning for a future different and more 

                                                               1987

 1  significant healthcare reform, we have to look at 

 2  what we're doing for young people and what our 

 3  health system will look like for them.  

 4               And so every dollar that we do not 

 5  invest in school-based health clinics means that 

 6  we're going to be spending a few hundred thousand 

 7  dollars later because we will not have provided a 

 8  basic beginning of a quality healthcare 

 9  experience.

10               So that's why I talk about 

11  school-based health clinics all the time, and 

12  that's a very important part of a primary 

13  preventive health system that then walks into the 

14  community as adults and becomes a health system 

15  that works for people, as opposed to waiting 

16  until they get sick and cost us more money.

17               I vote yes, but I just did want to 

18  go on record that we really -- I hope that this 

19  is the beginning and next budget we will be 

20  including and not excluding HEAL funding for 

21  D&TCs, primary care, preventive care, and 

22  exploding our school-based health clinic 

23  program.  

24               Thank you, Mr. President.  I vote 

25  aye.

                                                               1988

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  Montgomery to be recorded in the affirmative.

 3               Senator Duane to explain his vote.

 4               SENATOR DUANE:   Thank you, 

 5  Mr. President.  This is mostly so that I can have 

 6  a clear conscience.  I'm generally concerned that 

 7  we don't reward nursing homes that don't provide 

 8  good care and that we reward nursing homes which 

 9  are necessary for some that provide good care.

10               Though the issue of reimbursement 

11  for house calls was raised, the budget is silent 

12  on it.  I believe this is something that should 

13  be reimbursed.

14               I'm also concerned that there's 

15  silence on the rate enhancement for rural 

16  hospitals.  And I do that because of my work with 

17  my colleagues who represent rural areas.  

18  Certainly when I've visited Senator Valesky's 

19  district, when I've worked with Senator Young, 

20  this is a critically important issue.

21               Doctors Across New York.  There are 

22  doctors that are good to go, there are healthcare 

23  facilities ready to hire them, but the money is 

24  still not going out fast enough to bring them in, 

25  and that's also a critical part of our rural 

                                                               1989

 1  healthcare delivery.

 2               I commend Senator Nozzolio because 

 3  I know he's concerned about the involvement of 

 4  Mental Health, OMH, in our correctional 

 5  facilities.  And I look forward to working with 

 6  him on that.  

 7               EPIC is a good thing, if I'm ending 

 8  on a high note.

 9               And my vote on this, as on the 

10  others, is not done lightly.  However, even if we 

11  get every available federal grant, we still need 

12  more revenue to do what we need to do to keep 

13  New Yorkers healthy.  

14               And it is because of that that I 

15  sadly have to vote no, with the hope that, 

16  working together, we can continue to try to 

17  improve our state's healthcare system during this 

18  very difficult and complex time.  

19               Thank you, Mr. President.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  Duane to be recorded in the negative.

22               Announce the results.

23               THE SECRETARY:   In relation to 

24  Calendar Number 484, those recorded in the 

25  negative are Senators Diaz, Duane, Parker, and 

                                                               1990

 1  Rivera.

 2               Absent from voting:  Senator 

 3  Oppenheimer.  

 4               Ayes, 56.  Nays, 4.

 5               ACTING PRESIDENT GRIFFO:   The bill 

 6  is passed.

 7               Senator Libous.

 8               SENATOR LIBOUS:   Mr. President, 

 9  could we please go to motions for a minute and 

10  call on Senator Valesky.

11               ACTING PRESIDENT GRIFFO:   We will 

12  return to motions and call on Senator Valesky.

13               SENATOR VALESKY:   Mr. President, I 

14  move that the following bill be discharged from 

15  its respective committee and be recommitted with 

16  instructions to strike the enacting clause:  

17  Senate Bill 5036C.

18               ACTING PRESIDENT GRIFFO:   So 

19  ordered.

20               Senator Libous.

21               SENATOR LIBOUS:   Thank you, 

22  Mr. President.  Can we now take up Calendar 

23  Number 486.

24               ACTING PRESIDENT GRIFFO:   The bill 

25  is before the house.  

                                                               1991

 1               The Secretary will read the 

 2  substitution.

 3               THE SECRETARY:   On page 25, 

 4  Senator DeFrancisco moves to discharge, from the 

 5  Committee on Finance, Assembly Bill Number 9059D 

 6  and substitute it for the identical Senate Bill 

 7  Number 6259D, Third Reading Calendar 486.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  substitution is so ordered.

10               The Secretary will read.

11               THE SECRETARY:   Calendar Number 

12  486, Budget Bill, Assembly Print Number 9059D, an 

13  act to amend Chapter 540 of the Laws of 1992.

14               ACTING PRESIDENT GRIFFO:   Senator 

15  Krueger.

16               SENATOR KRUEGER:   Thank you, 

17  Mr. President.  If the sponsor would please yield 

18  to some questions.

19               SENATOR DeFRANCISCO:   Yes.

20               ACTING PRESIDENT GRIFFO:   Senator 

21  DeFrancisco yields.

22               SENATOR KRUEGER:   Thank you.  

23               Are you restoring any rebate checks 

24  in this revenue bill?  

25               SENATOR DeFRANCISCO:   When you say 

                                                               1992

 1  scoring, what is your --

 2               SENATOR KRUEGER:   Restoring.

 3               SENATOR DeFRANCISCO:   Oh, 

 4  restoring.  No.  I'm sorry, no.

 5               SENATOR KRUEGER:   Through you, 

 6  Mr. President, if the sponsor would continue to 

 7  yield.

 8               ACTING PRESIDENT GRIFFO:   The 

 9  sponsor yields.

10               SENATOR KRUEGER:   Is there any 

11  property tax circuit-breaker language in the 

12  revenue bill?

13               SENATOR DeFRANCISCO:   No.  

14               And by the way, the restorations 

15  you're referring to, there was nothing to restore 

16  from this year.  The cuts to the rebate program 

17  were done in prior years.

18               SENATOR KRUEGER:   Through you, 

19  Mr. President, if the sponsor would continue to 

20  yield.

21               SENATOR DeFRANCISCO:   Yes.

22               ACTING PRESIDENT GRIFFO:   The 

23  sponsor yields.

24               SENATOR KRUEGER:   Thank you.

25               Is there any repeal to the MTA 

                                                               1993

 1  payroll tax in this revenue bill?  

 2               SENATOR DeFRANCISCO:   We already 

 3  did that for part of the MTA tax.  There's 

 4  nothing -- are you referring to the MTA payroll 

 5  tax that was imposed in either the year 2009 or 

 6  2010?

 7               SENATOR KRUEGER:   The remaining 

 8  MTA payroll tax.

 9               SENATOR DeFRANCISCO:   Right.  In 

10  December we passed a bill that eliminated part of 

11  it, but there's nothing more in this one.

12               SENATOR KRUEGER:   Thank you.  If 

13  the sponsor would continue to yield.

14               SENATOR DeFRANCISCO:   Yes.

15               SENATOR KRUEGER:   Thank you.  

16               Is there any repeal to the 18A 

17  assessment increase enacted in 2009 in this 

18  revenue bill?  

19               SENATOR DeFRANCISCO:   No.  And, 

20  you know, I'm glad you brought this up, because 

21  it's very, very difficult to repeal all the 

22  repressive taxes that the state became reliant 

23  upon during the years 2009 and 2010.  

24               We've been trying to repeal as much 

25  as we can, like with the library, the MTA payroll 

                                                               1994

 1  tax was cut back.  We're trying to do as much as 

 2  we can to repeal those taxes.  It would have been 

 3  much better if we didn't have the taxes in the 

 4  first place and rely on that money, which was 

 5  just money that we shouldn't have been taking 

 6  from the taxpayers.

 7               SENATOR KRUEGER:   Through you, 

 8  Mr. President, if the sponsor would continue to 

 9  yield.

10               SENATOR DeFRANCISCO:   Yes.

11               ACTING PRESIDENT GRIFFO:   Senator 

12  DeFrancisco yields.

13               SENATOR KRUEGER:   Are there any 

14  mandate relief proposals in this revenue bill?  

15               SENATOR DeFRANCISCO:   There is 

16  mandate relief throughout the budget bills, not 

17  in this particular one.  

18               For example, we rejected the Early 

19  Intervention cost shift that the Governor had in 

20  his budget so that we didn't provide that burden 

21  on the locals.  Same thing with the special ed 

22  pre-K cost shift.  We did some mandate relief 

23  with respect to the 3 percent of the Medicaid 

24  takeover.  And we provided funding, for example, 

25  for the increase in the DNA database and the 

                                                               1995

 1  like.

 2               So nothing in this bill, but those 

 3  are some of the things we did for mandate relief 

 4  in the overall budget.

 5               SENATOR KRUEGER:   Through you, 

 6  Mr. President, if the sponsor would continue to 

 7  yield.

 8               SENATOR DeFRANCISCO:   Yes.

 9               SENATOR KRUEGER:   What is the 

10  total value of tax expenditures in this budget?

11               SENATOR DeFRANCISCO:   I missed 

12  that one, I'm sorry.

13               SENATOR KRUEGER:   The total value 

14  of tax expenditures projected for the next fiscal 

15  year, 2012-2013.

16               SENATOR DeFRANCISCO:   Total value 

17  of tax expenditures.  I can't give you the 

18  number.  I know the total expenditures are 

19  $132.6 billion.  But what is taxes, what is money 

20  from the federal government, what is from 

21  different sources, I can't give you that 

22  breakdown.

23               SENATOR KRUEGER:   Through you, 

24  Mr. President, if I might make this a bit of a 

25  longer question.

                                                               1996

 1               The definition of a tax expenditure 

 2  is a feature of the Tax Law that by exemption, 

 3  exclusion, deduction allowance, credit, 

 4  preferential tax rate, deferral or other 

 5  statutory device reduced the amount of some 

 6  taxpayers' liabilities to the state by providing 

 7  either an economic incentive or tax relief to a 

 8  particular class of person or entities.

 9               So the question is, within this 

10  revenue bill or, to be broader, within any other 

11  bill, since this is the last budget bill, do we 

12  know the total amount of tax expenditures to the 

13  State of New York, either new ones or decreased 

14  ones?

15               SENATOR DeFRANCISCO:   Net new is 

16  $1.6 million.

17               SENATOR KRUEGER:   Through you, 

18  Mr. President, $1.6 million new, therefore 

19  bringing the total amount to how much?

20               SENATOR DeFRANCISCO:   I don't have 

21  that number.

22               SENATOR KRUEGER:   On the bill, 

23  Mr. President.

24               ACTING PRESIDENT GRIFFO:   Senator 

25  Krueger on the bill.

                                                               1997

 1               SENATOR KRUEGER:   So the revenue 

 2  bill is a rather small bill this year.  I agree 

 3  with the sponsor there's very little new in it 

 4  for tax expenditures, there's very little new in 

 5  it for new taxes or fees.  There's also not 

 6  mandate relief in this budget bill, nor is there 

 7  reversal of previous tax policies made by the 

 8  state.

 9               But perhaps most disturbing to me, 

10  what's not in here is any discussion of the fact 

11  that we'll have an estimated $28 billion in 

12  specific tax expenditures in 2012-2013.  Now, I 

13  don't know exactly the number because it's always 

14  an estimate until after it happens.  But the 

15  projected tax expenditures for 2011-2012 were 

16  $28.8 billion, so I think it's reasonable to 

17  assume approximately the same amount in 

18  2012-2013.  I have been in the Senate for ten 

19  years and I have seen this number grow 

20  exponentially each year, so even assuming a flat 

21  amount for next year is a very conservative 

22  projection.

23               Why should I care in the context of 

24  the revenue budget?  Because we have talked about 

25  taxes people don't like having.  The sponsor, in 

                                                               1998

 1  responding to my questions, pointed out several 

 2  that I think he doesn't like having.  We've heard 

 3  from many of my colleagues today their 

 4  frustrations about things that should have been 

 5  funded at a higher level, programs that should 

 6  not have been proposed to be cut were actually 

 7  cut in this budget, promises made that have not 

 8  been kept for public funding of education, losses 

 9  to funding for healthcare.  

10               Again, $10 billion in cuts last 

11  year.  I believe it's an estimated $2 billion 

12  hole we were filling this year.  And again, in 

13  this revenue bill there's not one discussion of 

14  challenging any of the existing law on tax 

15  expenditures, exemptions from taxes for specific 

16  categories of individuals and companies within 

17  state law.  

18               Every year we in theory attempt to 

19  start from scratch, having a budget that decides 

20  how much revenue we're going to collect, how much 

21  money we're going to spend in which ways.  This 

22  is the final budget bill of I believe 11 in total 

23  bills.  Months and months of debates and 

24  disagreements and agreements, ultimately, on what 

25  would be the budget for the State of New York 

                                                               1999

 1  moving forward.

 2               But as far as I can tell, almost no 

 3  discussion of the third budget bill, the tax 

 4  expenditure budget, which is not its own bill 

 5  because we simply allow, ad infinitum, anything 

 6  that has gone into the tax code in any year to 

 7  continue as an exception for somebody or 

 8  somebodies from having to pay their taxes.

 9               I question, as I have many times 

10  before, why this house or the other house or the 

11  Governor -- because a budget is a three-way 

12  responsibility -- why nobody will ever ask the 

13  questions or challenge the amount of money we 

14  don't collect from certain entities under certain 

15  categories because of tax expenditures.  We never 

16  revisit them.  We simply pass new budgets each 

17  year that accept whatever was there before in tax 

18  expenditures.  

19               And in fact, some of them grow 

20  radically over time.  Because in fairness, if you 

21  can find a loophole in the tax law that will make 

22  sure you don't have to pay a tax, you're going to 

23  figure out how to redesign your business model, 

24  your corporate papers, your actual structure 

25  under banking or corporation law to make sure you 

                                                               2000

 1  can maximize your advantage in not paying taxes.

 2               Now, that's legal.  I don't 

 3  question someone's right to take advantage of tax 

 4  expenditures under the law.  I question this 

 5  government's failure to ever ask the questions 

 6  about whether those should be the laws.

 7               Because it's not a hypothetical.  

 8  We have a limited amount of money to spend on the 

 9  needs of our people, and clearly we have a 

10  limited ability to create new taxes.  So I say 

11  the discussion should be on who isn't paying 

12  their taxes.  And when there's $28.8 billion not 

13  being collected from somebody or somebodies in 

14  taxes when other people in similar circumstances 

15  are paying taxes, that should be the fundamental 

16  question before this house.  

17               Why aren't we collecting taxes that 

18  are owed to us if only we corrected our tax 

19  code?  And in fact, even further, why aren't we 

20  collecting taxes that are owed to us under law?  

21               There are two proposals that I have 

22  made that are not in this revenue bill, both of 

23  which would not raise taxes, not one dollar more 

24  in taxes owed, but rather require those who owe 

25  taxes to pay them.

                                                               2001

 1               Several states have already enacted 

 2  a law that I drafted here which is in shorthand 

 3  called the Zapper Bill, which would establish 

 4  prohibitions, presumptions, and penalties related 

 5  to the use and sale of sales suppression 

 6  technology.  There are companies selling devices 

 7  to retailers to artificially remove from their 

 8  recordkeeping systems the sales tax collected.

 9               So, Mr. President, you go to a 

10  store or another kind of retail outlet, a 

11  restaurant, you purchase something -- could be in 

12  your county, could be in my county.  You pay your 

13  tax, I pay my tax.  The company doesn't pay the 

14  State of New York that tax because they have used 

15  a device to rig their books, through technology, 

16  so that it doesn't show up.

17               Florida and Georgia have already 

18  passed laws to do something about this.  Canada 

19  and multiple countries of Europe have passed laws 

20  to do something.  The technology exists.

21               The estimate, the estimate is that 

22  New York State would collect $1.7 billion more 

23  per year if we actually used technology to stop 

24  this fraud.  Not a new tax on anyone, a 

25  fraud-prevention system that would bring in new 

                                                               2002

 1  revenue to the state.  It's not in the bill today 

 2  before us.

 3               There has been documentation of a 

 4  particular form of tax fraud specific to real 

 5  estate partnerships, groups of people who come 

 6  together in real estate partnerships to purchase 

 7  buildings.  Perfectly legal.  The buildings are 

 8  then sold or turned over.  Perfectly legal.  But 

 9  there's a pattern of the individuals not paying 

10  taxes on the profits.

11               The IRS has estimated a billion 

12  dollars not being paid in taxes to the State of 

13  New York from this kind of activity.  The State 

14  of Pennsylvania recently implemented a system of 

15  investigating and going after this kind of tax 

16  fraud.  The State of Pennsylvania recaptured over 

17  $700 million by making sure that the investors in 

18  real estate partnerships pay the proper taxes on 

19  their overall gains.

20               Imagine if the discussion today 

21  included the collections of fraudulently withheld 

22  tax revenue.  We would have so much more money to 

23  be fighting over on the critical issues that we 

24  think we should be spending money on -- not by 

25  raising taxes, but by collecting the taxes that 

                                                               2003

 1  are owed.

 2               Imagine if we had a serious 

 3  discussion over the tax expenditure laws that 

 4  year in, year out, simply exempt certain entities 

 5  from paying us $28 billion in taxes.  Our full 

 6  budget, through all funds, is $132.6 billion.

 7               SENATOR LIBOUS:   Excuse me, 

 8  Senator Krueger.

 9               SENATOR KRUEGER:   Certainly.

10               SENATOR LIBOUS:   If members have 

11  their cellphones on, they're instructed to turn 

12  them off.  Staff shouldn't have any cellphones in 

13  the chamber.

14               Thank you, Senator.

15               SENATOR KRUEGER:   Thank you, 

16  Senator Libous.  

17               ACTING PRESIDENT GRIFFO:   Your 

18  point is well-taken, Senator Libous.  

19               Please refrain from using the 

20  mobile devices in the chamber or take them 

21  outside to the lobby.

22               Senator Krueger, you may continue.

23               SENATOR KRUEGER:   Thank you, 

24  Mr. President.

25               So $28 billion wasn't even put on 

                                                               2004

 1  the table for discussion.  Billions of dollars of 

 2  uncollected taxes weren't put on the table for 

 3  discussion, and they're not in this revenue 

 4  bill.  And that is such a loss to us, because 

 5  this budget is the most important thing we do 

 6  each year in this house, in both houses, I think 

 7  most people would agree.  

 8               It includes an enormous amount of 

 9  Article 7 language that is in fact policy and 

10  statutory changes for the State of New York.  It 

11  is the document or group of documents that 

12  determine the priorities of the State of 

13  New York, what we think are the most important 

14  things to spend money for, what are the things 

15  that we don't think we should spend money for.

16               The budget is not about making the 

17  numbers work out; that's a bare minimum.  The 

18  people deserve better.  The budget is a statement 

19  of our priorities.  It is how we as a a state try 

20  to guarantee a healthy environment for our 

21  businesses and our families.  It is how we lay 

22  out how we intend to solve the problems and build 

23  a better future.  A budget is about what we know 

24  we need to do for the people of New York State 

25  and how we're going to do it.  

                                                               2005

 1               Passing a budget on time is 

 2  important, passing a balanced budget is 

 3  important.  But in fact I would argue that is 

 4  simply the minimal statutory requirement on us.  

 5  We need to have a 21st-century budget that 

 6  addresses our 21st-century problems.  We have 

 7  lagged behind other states.  

 8               I think there are some very good 

 9  things in this year's budget.  I applaud Governor 

10  Cuomo for taking on difficult issues, facing the 

11  question of billions of dollars in deficit over 

12  the last two years and attempting to build us a 

13  model of a better government and a better 

14  budget.  But again, we're not there.  We need to 

15  go further.  

16               And in this revenue bill I believe 

17  we highlight what we haven't yet done in all of 

18  the other budget bills.  Because again, if we had 

19  had a fair, reasonable debate about where the 

20  revenue was that wasn't being collected or wasn't 

21  being spent, we might have had a more serious 

22  discussion about what to do about our 

23  unemployment rate that is still more than 

24  9 percent.  We might have done something about 

25  the fact that more than 16 percent of families 

                                                               2006

 1  with children under the age of 18 in New York are 

 2  living under the poverty line.  

 3               We have real problems.  Our poverty 

 4  rate is going up.  Our unemployment rate is 

 5  barely going down.  We've heard from so many of 

 6  my colleagues about the needs of our educational 

 7  system from kindergarten to college, trying to do 

 8  more with less when they should be equipping our 

 9  children for a future that requires high-skilled, 

10  globally competitive workers.  And our high 

11  school statistics aren't really reflecting our 

12  ability to accomplish this, since we're finding 

13  that our high school graduates aren't even 

14  college-ready.  

15               We talked about the importance of 

16  investing in public transportation and the fact 

17  that we did the minimum we needed to do, leaving 

18  our transit system with enormous debt to pay 

19  back, almost requiring that they raise rates for 

20  the people who need to use buses and trains and 

21  subways every day of their lives.

22               We heard about our failure to 

23  create a health exchange, health benefits 

24  exchange.  And there was debate about whether we 

25  were losing money or saving money by not enacting 

                                                               2007

 1  that today.  I think the facts are there, we're 

 2  losing money by not creating a health benefit 

 3  exchange.

 4               And none of this -- again, the 

 5  decisions that are made in the budget for the 

 6  expenditures, none of it's made in a vacuum.  

 7  It's made because we decide what is our revenue 

 8  bill, what's in it and what's not in it.  And 

 9  there's not enough in it.  One in 10 New Yorkers 

10  are unemployed.  We're lagging the national 

11  economic recovery.  

12               It's not a time to simply say it 

13  was a better budget than the last two years.  

14  It's not good enough to say we'll have an on-time 

15  budget or even an early budget.  Although 

16  actually I don't understand an early budget, 

17  because the existing budget lasts through the end 

18  of the fiscal year whether we get it done at 

19  midnight or six hours early.  But fine, somebody 

20  thinks it's good to have an early budget.  

21               But I think what's much more 

22  important is what's in that budget or what's not 

23  in that budget.  For decades we have learned over 

24  and over there's no free lunch.  The people of 

25  New York State have paid their tax dollars and 

                                                               2008

 1  we've given them back as tax expenditures and tax 

 2  loopholes, rather than investing in our 

 3  infrastructure, in our education, or in 

 4  successful models of job creation that are 

 5  documentable.  That's what we need to be doing, 

 6  committing ourselves to a 21st-century vision for 

 7  our future.

 8               There were bills I could vote for 

 9  today; there were bills I voted no on.  But the 

10  number-one bill I must vote no on is the revenue 

11  bill because of what it doesn't do.  

12               Now, I'm told somebody is going to 

13  raise the issue of the earned income tax being 

14  the single largest tax expenditure.  That may be 

15  true.  I'm not a hundred percent sure that's 

16  true, because there's also homeowners' tax 

17  exemptions, and I think that might be larger.  

18  I'll double-check, perhaps when someone asks me a 

19  question.  

20               But really the issue is why didn't 

21  we have the debate before we got to the floor or 

22  why aren't any of those proposals in the budget.  

23  I think of those $28 billion in tax expenditures, 

24  I could agree and support many of them.  Many of 

25  them are justifiable.  Many are not.  

                                                               2009

 1               You might have been following some 

 2  national debate about why we are giving petroleum 

 3  companies enormous tax expenditures at the 

 4  federal level, why we are still providing federal 

 5  tax expenditures for certain kinds of 

 6  environmentally hazardous activities.  Do you 

 7  know we have the same expenditures on our books 

 8  here in New York State?  We match many of those 

 9  bad policy decisions in Washington, and we don't 

10  have to.  We can do the right thing.  We can 

11  change the dynamic of the money we have to spend 

12  in our budget, the money we collect and how we 

13  prioritize, not with increasing taxes on people 

14  but in tax fairness and equity.

15               So I will vote no on the revenue 

16  bill because it does not reflect tax fairness or 

17  equity.  

18               Thank you, Mr. President.

19               ACTING PRESIDENT GRIFFO:   Senator 

20  Diaz.

21               SENATOR DIAZ:   (Expostulation.)

22               ACTING PRESIDENT GRIFFO:   Can you 

23  repeat that?  

24               (Laughter.)

25               SENATOR DIAZ:   Thank you, 

                                                               2010

 1  Mr. President.  

 2               You know, ladies and gentlemen, I 

 3  am a pastor of a church.  I'm a pastor of a 

 4  church.  And when I invite a preacher to my 

 5  church and that preacher, he or she, stays long 

 6  and talk, talk, talk for long, I go to him, hand 

 7  him my keys, or to her, and tell her, "When you 

 8  finish, please close the church."  And I leave.

 9               But we cannot do --

10               (Laughter.)

11               SENATOR DIAZ:   But we cannot do 

12  this in here.  We have to be professional.  We 

13  have to be intelligent.

14               It's 4 o'clock.  It's 4 o'clock.  

15  We are about to finish voting on the budget of 

16  this year.  We haven't even finished yet, we are 

17  about to finish, but at 12:00 noon Governor Cuomo 

18  called a press conference and signed the budget.

19               (Laughter.)

20               SENATOR DIAZ:   He cannot sign the 

21  budget before it passed.  He already did.  The 

22  budget has been signed while you were making here 

23  believe that you deal with a budget.  It's 

24  already signed.  This is a mockery.

25               But the Governor cannot do this 

                                                               2011

 1  unless, unless he called each and every one of 

 2  you -- not me, because he doesn't call me.  I'm 

 3  on the blacklist.  Not because I'm black, because 

 4  I'm on the blacklist.

 5               (Laughter.) 

 6               SENATOR DIAZ:   But for the 

 7  Governor to call a press conference at 12:00 noon 

 8  and sign the budget that is not even finished 

 9  yet, he has to call each and every one of you and 

10  ask you "I need your vote, did you commit your 

11  vote?"  And you have to say yes.  So he is 

12  counting chips, says "I got it," and then he 

13  goes, calls a press conference and signed the 

14  budget.  And we are here making the people of the 

15  State of New York believing that we are the 

16  greatest legislators in the world fighting for 

17  them.  

18               I have too much respect for 

19  myself -- I am black, Puerto Rican, with kinky 

20  hair and broken English, but I respect myself.  I 

21  got respect for myself.  This is a game.  This is 

22  a joke.  The Governor cannot -- how could he do 

23  this?  How could he call a press conference to 

24  sign a budget?  We're dealing with it.  We're 

25  discussing it.  

                                                               2012

 1               But I wish you all a nice Holy 

 2  Week.  Go to church Good Friday.  Go to church, 

 3  it's Passover.  Celebrate it.  And pray, pray 

 4  that maybe next year we all come back with our 

 5  pants on and our skirts on and decide to tell the 

 6  Emperor Cuomo:  No more, no more, we respect 

 7  ourself too much for you to laughing at us.  He 

 8  should be laughing at -- wherever he is, he's 

 9  laughing at us.  Not at me.  I'm voting no.  

10               God bless you all.  Have a nice 

11  week -- two weeks, right?  Senator Skelos, two 

12  weeks?  

13               ACTING PRESIDENT GRIFFO:   Thank 

14  you, Senator Diaz.

15               SENATOR DIAZ:   Thank you, sir.

16               ACTING PRESIDENT GRIFFO:   Is there 

17  any other Senator wishing to be heard?

18               Seeing none, hearing none, debate 

19  is closed.  The Secretary will ring the bell.

20               Read the last section.

21               THE SECRETARY:   Section 2.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT GRIFFO:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               2013

 1               ACTING PRESIDENT GRIFFO:   Senator 

 2  DeFrancisco to explain his vote.

 3               SENATOR DeFRANCISCO:   Yes, I just 

 4  wanted to respond to a few things that were said 

 5  about the process as well as a little bit about 

 6  the substance.

 7               You know, I agree with Senator 

 8  Krueger that maybe we should talk about the tax 

 9  expenditures and discuss that issue.  And she 

10  must have overheard us speaking a little bit, 

11  because there are -- many of the tax expenditures 

12  include not only the Earned Income Tax Credit but 

13  housing credits for low-income housing, the 

14  credit for having a child in the State of 

15  New York, child tax credits, tuition tax credits, 

16  low-income housing credits, clothing tax sale -- 

17  we're all going to take advantage of that 

18  discussion, since the clothing tax is going to be 

19  on a break coming next year.  So there are a lot 

20  of them.  

21               And there's a lot of credits for 

22  business, because other states do it and we've 

23  got to compete to bring in companies here.  

24               And had there been a request to 

25  discuss this topic about expenditures at any time 

                                                               2014

 1  in the six weeks we sat next to each other until 

 2  today, I would have definitely made sure we had 

 3  that discussion at one of the tables.

 4                With respect to the process, I 

 5  know Senator Diaz -- he's gone?  He must have 

 6  given somebody the keys.

 7               (Laughter.)

 8               SENATOR DeFRANCISCO:   With respect 

 9  to Senator Diaz, I know there was a news 

10  conference earlier today, but that was done, I 

11  believe, to accommodate Speaker Silver.  

12               And the budget wasn't signed, one 

13  of the budget bills that had passed up to that 

14  point was signed.  Maybe that wasn't the greatest 

15  of procedures, but the Governor was accommodating 

16  the Speaker at that time.

17               Lastly, as far as the overall 

18  process, we can debate the issues but as to the 

19  overall process, this was a wonderful year.  

20  There was very little incivility.  There was a 

21  lot of cooperation.  

22               The six weeks that I sat with the 

23  ranking member of the Finance Committee during 

24  those hearings, they were difficult, but we asked 

25  good questions, we tried to get to the bottom of 

                                                               2015

 1  things, and I think we made some substantial 

 2  changes in this budget that accommodated many of 

 3  the members here.

 4               So this was a good budget 

 5  substantively and it was a good budget 

 6  procedurally, and I'm happy to vote aye.  

 7               Thank you, Mr. President.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  DeFrancisco to be recorded in the affirmative.

10               Senator Parker to explain his vote.

11               SENATOR PARKER:   Thank you, 

12  Mr. President, to explain my vote.  

13               Again, I know this has been a long 

14  process and I know people have put in a lot of 

15  time and hours.  And congratulations and thank 

16  you for all your hard work.  

17               And as I listened to Senator 

18  DeFrancisco, I was overcome.  As many of you 

19  know, I have, as Liz Krueger calls it, waxed 

20  poetic about my problems with the process that we 

21  have had.  

22               I think that the budget process 

23  that we've done this year is a joke.  I think it 

24  goes back to the old dysfunction that we saw, you 

25  know, prior to 2009 and 2010 where three men in a 

                                                               2016

 1  room -- you pick the color that you want them to 

 2  be -- but, you know, a process that has iced out 

 3  the minority conferences in both houses, not 

 4  only -- where we don't get even the courtesy of 

 5  even a discussion about what was going on.  

 6               And we talk about the tables?  The 

 7  tables are a joke.  Let's be clear, ladies and 

 8  gentlemen.  They're a joke.  There are between 

 9  $50 million and $500 million which, you know, if 

10  we took that money, that's MegaMillion money, 

11  right?  That would change all of our lives if we 

12  split it up between anybody in this room.  But in 

13  the context of the third largest budget in the 

14  entire country, at $132.6 billion, it is a 

15  rounding error.  

16               I've been in meetings with some of 

17  you guys when we dropped $500 million on the 

18  floor and didn't even bend over to pick it up.  

19               So to be at a table talking about 

20  education and you're talking about $500 million 

21  and then call that a real conversion about 

22  education spending is insulting to the people of 

23  the State of New York.

24               I think this process was flawed.  I 

25  think that we don't do ourselves justice by 

                                                               2017

 1  pretending that it is anything other than it is.  

 2  And I'm hoping that next year that we have a 

 3  better process and thus a better product.  

 4               Thank you, Mr. President.

 5               ACTING PRESIDENT GRIFFO:   Senator 

 6  Parker, how do you vote?  

 7               SENATOR PARKER:   Nay.

 8               ACTING PRESIDENT GRIFFO:   Senator 

 9  Parker to be recorded in the negative.

10               Senator Grisanti to explain his 

11  vote.

12               SENATOR GRISANTI:   Thank you, 

13  Mr. President.  

14               I stand here today as a member of 

15  the State of New York Senate voting yes on this 

16  budget and proud to represent my district, 

17  Western New York, and the great State of 

18  New York.  

19               With the leadership of Governor 

20  Cuomo, our leader Dean Skelos, and with 

21  bipartisan support from the Assembly, I got a 

22  different take.  My friends and colleagues, we 

23  are shutting the door on the dysfunction that has 

24  plagued Albany by its spending and its debt, 

25  especially in 2009 and 2010.

                                                               2018

 1               This budget will pass on time two 

 2  years in a row.  It has done with less spending 

 3  for the last two years the first time in 

 4  30 years, without raising a single tax or a 

 5  single fee.  It's a budget that resonates with a 

 6  single message:  Cut spending, cut taxes, and 

 7  have the necessary tools for job growth.  

 8               This budget does that.  It has 

 9  programs that will create private-sector jobs.  

10  I'm proud about this budget from Western 

11  New York.  We've assisted Roswell, the NFTA, 

12  provided programs for our youth such as the 

13  New York Youth Program, jobs, the New York Works 

14  Task Force, provided much-needed funding for our 

15  roads, bridges, infrastructure in my region and 

16  the state.

17               We corrected past mistakes from 

18  Western New York by DOT funding in Region 5, 

19  started repayment for those errors.  We kept our 

20  commitment with regards to SUNY UB 2020.  Yes, 

21  you did hear the word again this year.  UB 2020 

22  is a reality.  We know it was in last year's 

23  budget.  The process has begun, and in this 

24  budget we continue to provide for this plan and 

25  all SUNY schools.  

                                                               2019

 1               We provide for our community 

 2  colleges, where it's just as important, with 

 3  additional funding and restoration of childcare 

 4  centers.  We restored education aid, in 

 5  particular to need-based districts.  We increased 

 6  aid to libraries.  For our seniors, we restored 

 7  EPIC.  Copays will remain low.  We established a 

 8  Power Proceeds bill for Western New York to 

 9  authorize funding for economic development which 

10  is dedicated to Erie and Niagara counties, again 

11  resulting in the construction of permanent jobs.  

12               Funds will be provided for a second 

13  round of Regional Economic Development Councils 

14  throughout the state, which was a success last 

15  year, and the beginning of Buffalo's regional 

16  innovation cluster, otherwise known as the 

17  Billion for Buffalo.  

18               The energy superhighway is 

19  underway, bringing again thousands of jobs.  

20  Foreclosure relief.  There's mandate relief in 

21  here for Western New York to provide numerous 

22  monies for various groups, HEOP, EOP, and Liberty 

23  Partnerships.  

24               For that reason, again, I will 

25  continue to fight for my district, Western 

                                                               2020

 1  New York --

 2               ACTING PRESIDENT GRIFFO:   Senator 

 3  Grisanti, how do you vote?

 4               SENATOR GRISANTI:   -- putting 

 5  people first and not politics.  I vote yes.

 6               ACTING PRESIDENT GRIFFO:   Senator 

 7  Grisanti to be recorded in the affirmative.

 8               Announce the results.

 9               THE SECRETARY:   In relation to 

10  Calendar Number 486, those recorded in the 

11  negative are Senators Diaz, Duane, Krueger, 

12  Parker, and Perkins.

13               Ayes, 55.  Nays, 5.

14               ACTING PRESIDENT GRIFFO:   The bill 

15  is passed.

16               Senator Libous, that completes the 

17  controversial reading of the budget bills and the 

18  calendar.

19               SENATOR LIBOUS:   Mr. President, at 

20  this time would you please call on Minority 

21  Leader John Sampson.

22               ACTING PRESIDENT GRIFFO:   I will.  

23               Senator Sampson.

24               SENATOR SAMPSON:   Thank you very 

25  much, Mr. President.  

                                                               2021

 1               And I just want to give a few brief 

 2  remarks, and just to follow up on, just to make a 

 3  point of reference.  

 4               Senator Grisanti, you're right.  

 5  You know, the people of New York State don't care 

 6  whether you're a Democrat or Republican or an 

 7  Independent.  People are concerned about a couple 

 8  of things.  They're concerned about putting food 

 9  on the table, they're concerned about making sure 

10  they have a roof over their head, they have a 

11  good education for their children and, most of 

12  all, they have a job.  They're concerned about 

13  making sure that they can make ends meet at the 

14  end of the day.  

15               And when we talk about this budget 

16  process -- but before I even talk about it, I 

17  have to commend the staff of both sides for doing 

18  a phenomenal job.  Because without you, we would 

19  not have been able to do what we're doing.  So, 

20  my colleagues, we need to give them a round of 

21  applause for the phenomenal work that they do.

22               (Applause.)

23               SENATOR SAMPSON:   And, Senator 

24  Skelos, I want to also thank you for your 

25  leadership on this, and all my colleagues.  

                                                               2022

 1  Because when we talk about passing a budget on 

 2  time, it's phenomenal that we're passing a budget 

 3  on time.  

 4               But time does not dictate what is a 

 5  good or a bad budget.  It's the content that 

 6  makes that determination.  And last year we know 

 7  there was unprecedented cuts to services that was 

 8  taken, and we know that people had to make hard 

 9  choices.  But at this point in time the people 

10  are seeing a little light at the end of the 

11  tunnel.

12               You know, we talked about shared 

13  sacrifice, and last year some felt others were 

14  not sharing.  But however, we came back in 

15  December and allowed the principles of fairness 

16  and equity to guide us.  And this is what this 

17  budget has done because of the foundations that 

18  we laid in December.

19               There are good parts and there are 

20  bad parts about this budget.  We talk about the 

21  unprecedented money provided for economic 

22  development throughout New York, the increase in 

23  school aid, and also the funding formula is 

24  slightly fairer.  But at other times there's 

25  things that we missed.  Talking about the DREAM 

                                                               2023

 1  Act, providing opportunities for all New Yorkers 

 2  irrespective of where you come from.  Mandate 

 3  relief, there has been mandate relief throughout 

 4  this budget.  But can we go a little bit 

 5  further?  Yes, we can.  And I know, my 

 6  colleagues, we'll go a little bit further.

 7               Did we provide additional help for 

 8  our seniors?  Yes, we provided additional help 

 9  for our seniors.  But could we have gone a little 

10  bit further with the New York health exchange to 

11  provide affordable health care to all 

12  New Yorkers?  We didn't.  But hopefully the 

13  Governor, with his executive order, will also.

14               We talked about the money we 

15  provided for the development of new sources of 

16  energy but yet we failed to provide funding for a 

17  study to deal with hydrofracking.

18               So is the process perfect, is the 

19  budget perfect?  I would say no.  But one thing I 

20  can say is that the principles, the foundation 

21  has been laid for fairness and equity.  And this 

22  is the foundation that has made New York the 

23  Empire State.  

24               So, my colleagues, I want to 

25  congratulate you on a job well done.  I will be 

                                                               2024

 1  voting yes for this budget.  There's things I 

 2  like and things I don't like.  But what I always 

 3  remember is that the foundation has been laid for 

 4  fairness and equality, and that's what we need to 

 5  go forward.  Understanding that we still have 

 6  work to do, our work is not done.  But as long as 

 7  we understand the principles of fairness and 

 8  equity, they will continue to guide us to make 

 9  sure that New York State is the Empire State.  

10               So thank you very much, 

11  Mr. President.

12               ACTING PRESIDENT GRIFFO:   Thank 

13  you, Senator Sampson, for your comments.

14               Senator Skelos.

15               SENATOR SKELOS:   Thank you, 

16  Mr. President.  And thank you for presiding in 

17  such a wonderful way.

18               I want to thank Senator 

19  DeFrancisco, our chair of Finance, for not only 

20  answering the questions so well but really the 

21  time that was involved in the hearings throughout 

22  the year and putting the final package together.  

23               John, we thank you very much for 

24  your dedication and good work.

25               To our staff -- and, Senator 

                                                               2025

 1  Sampson, you mentioned both on your side of the 

 2  aisle, our side.  We thank you.  

 3               And I want to pay special tribute 

 4  to Diane Burman, our counsel, but in particular 

 5  Robert Mujica, who is just an expert, understands 

 6  public policy, understands the direction that 

 7  this state should be going, and certainly working 

 8  very closely with us, keeping you informed, and 

 9  dealing with so many personalities on the second 

10  floor at times.  

11               Robert, we thank you for your good 

12  work.  Excellent job, Robert.

13               We should be very proud of today.  

14  Number one, the sun is shining, which is 

15  excellent.  We're about to depart for a short 

16  break.  And I wish everybody, obviously, a 

17  blessed holiday season.  

18               And this is the second early budget 

19  that we've passed in a row.  I think that is 

20  significant because we've done it by working on a 

21  bipartisan basis, working with Speaker Silver, 

22  working with Governor Cuomo.  And I salute the 

23  Governor for his leadership.  You know, you have 

24  policy disagreements, but those policy 

25  disagreements were resolved by listening to each 

                                                               2026

 1  other, finding a middle ground, and ending up 

 2  with a positive result.

 3               And this budget is a good budget.  

 4  We are still in challenging times economically, 

 5  and the people of the State of New York have 

 6  asked us to do a fiscally sound budget that does 

 7  not increase spending.  We didn't increase 

 8  spending.  They asked us not to raise taxes.  We 

 9  listened, we did not raise taxes.  And they've 

10  asked us to really focus in on private-sector job 

11  creation, to empower the private sector to create 

12  jobs.  And I believe this budget goes a long way 

13  in doing this.

14               There is a lot more to do.  You 

15  know, sometimes people think that it's over with 

16  now that it's early, which is great.  But we have 

17  to stay focused on mandate relief to help our 

18  local property taxpayers, and we have to continue 

19  to look at ways to cut taxes so that we can 

20  empower the private sector to create 

21  private-sector jobs.

22               And that's going to be the focus of 

23  our majority.  We ask you to join us so that we 

24  can have a great session -- not just a budget 

25  session, but a great legislative side when we 

                                                               2027

 1  return.

 2               So I thank you, Senator Sampson, 

 3  for your cooperation.  I thank all of our members 

 4  for the great work that we've done collectively.  

 5  We should all be proud today to be State Senators 

 6  and to live in this great state.

 7               So, Mr. President, I thank you very 

 8  much.

 9               ACTING PRESIDENT GRIFFO:   Thank 

10  you, Senator Skelos, for your comments.

11               Senator Libous.

12               SENATOR LIBOUS:   Mr. President, is 

13  there any further business at the desk?

14               ACTING PRESIDENT GRIFFO:   There is 

15  no further business.

16               SENATOR LIBOUS:   Mr. President, 

17  there being no further business at the desk, I 

18  move we adjourn until Tuesday, April 17th, at 

19  3:00 p.m., intervening days being legislative 

20  days.

21               ACTING PRESIDENT GRIFFO:   On 

22  motion, the Senate stands adjourned until 

23  Tuesday, April 17th, at 3:00 p.m., intervening 

24  days being legislative days.

25               Senate adjourned.

                                                               2028

 1               (Whereupon, at 4:19 p.m., the Senate 

 2  adjourned.)

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25