Regular Session - March 24, 2013

                                                                   1204

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 24, 2013

11                     4:19 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DAVID J. VALESKY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1205

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

 2                ACTING SENATOR VALESKY:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite with me the Pledge of 

 6   Allegiance.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT VALESKY:   In the 

10   absence of clergy, may we bow our heads in a 

11   moment of silence.

12                (Whereupon, the assemblage 

13   respected a moment of silence.)

14                ACTING PRESIDENT VALESKY:   The 

15   reading of the Journal.

16                THE SECRETARY:   In Senate, 

17   Saturday, March 23rd, the Senate met pursuant to 

18   adjournment.  The Journal of Friday, March 22nd, 

19   was read and approved.  On motion, Senate 

20   adjourned.

21                ACTING PRESIDENT VALESKY:   Without 

22   objection, the Journal stands approved as read.

23                Presentation of petitions.

24                Messages from the Assembly.

25                Messages from the Governor.


                                                               1206

 1                Reports of standing committees.  

 2                Reports of select committees.  

 3                Communications and reports from 

 4   state officers.

 5                Motions and resolutions.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.  

 9                Mr. President, on behalf of 

10   Senator Ritchie, I move that the following bill 

11   be discharged from its respective committee and 

12   be recommitted with instructions to strike the 

13   enacting clause.  And that would be Senate Print 

14   4300.

15                ACTING PRESIDENT VALESKY:   So 

16   ordered.

17                Senator Libous.

18                SENATOR LIBOUS:   Thank you, 

19   Mr. President.  At this time there will be an 

20   immediate meeting of the Finance Committee in 

21   Room 332, an immediate meeting of the Finance 

22   Committee in Room 332.

23                In the meantime, we will stand at 

24   ease.

25                ACTING PRESIDENT VALESKY:   The 


                                                               1207

 1   Senate Finance Committee meets at this moment in 

 2   Room 332.

 3                The Senate will stand at ease.

 4                (Whereupon, the Senate stood at 

 5   ease at 4:21 p.m.)

 6                (Whereupon, the Senate reconvened 

 7   at 4:41 p.m.)

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   Libous.

10                SENATOR LIBOUS:   Mr. President, 

11   could we please return to reports of standing 

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

13   Finance Committee at the desk.

14                ACTING PRESIDENT VALESKY:   Reports 

15   of standing committees.

16                The Secretary will read.

17                THE SECRETARY:   Senator 

18   DeFrancisco, from the Committee on Finance, 

19   reports the following bills:  

20                Senate Print 2604E, Senate Budget 

21   Bill; 

22                Senate 2605D, Senate Budget Bill; 

23                And Senate 2608D, Senate Budget 

24   Bill.  

25                All bills reported direct to third 


                                                               1208

 1   reading.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Libous.

 4                SENATOR LIBOUS:   Thank you, 

 5   Mr. President.  I move that we accept the report 

 6   of the Finance Committee.

 7                ACTING PRESIDENT VALESKY:   All in 

 8   favor of accepting the report of the 

 9   Finance Committee signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT 

12   VALESKY:   Opposed, nay.

13                (No response.)

14                ACTING PRESIDENT VALESKY:   The 

15   report of the Finance Committee is adopted.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, if 

18   we could just wait till everything is 

19   distributed to all the members.  We wouldn't 

20   want to start before all the members have what 

21   they need in front of them, please.

22                Mr. President.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Libous.

25                SENATOR LIBOUS:   I'm sorry, you 


                                                               1209

 1   were in the middle of a discussion.  Do you need 

 2   to finish that discussion?  

 3                ACTING PRESIDENT VALESKY:    

 4   Continue.  We're all set.

 5                SENATOR LIBOUS:   Mr. President, 

 6   we'd like to do the noncontroversial reading of 

 7   Supplemental Calendar 24A.

 8                ACTING PRESIDENT VALESKY:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   270, Senate Budget Bill, Senate Print 2604E, an 

12   act making appropriations.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Krueger, why do you rise?

15                SENATOR KRUEGER:   Thank you, 

16   Mr. President.  I rise with a point of order.

17                My understanding is that Section 

18   54-A of the Legislative Law calls for the 

19   procedure by which the Legislature addresses 

20   issues of public transparency and accountability 

21   by providing a conference committee report to be 

22   on the desk of each member of the Legislature 

23   prior to taking up appropriation and language 

24   bills.

25                Is there a copy of that report 


                                                               1210

 1   available to us?

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   DeFrancisco, why do you rise?

 4                SENATOR DeFRANCISCO:   I just would 

 5   like to answer the question.  

 6                The answer is no.

 7                SENATOR KRUEGER:   Through you, 

 8   Mr. President, then point of order.  

 9                The law requires it to be on our 

10   desks.  I have it here from 2007-2008, 

11   2008-2009, 2009-2010, 2012-2013.  I'm quite sure 

12   there was one in between, but I couldn't find it 

13   today.  

14                So why would we be taking up bills 

15   if we don't have it on our desks, since the law 

16   requires it?  

17                ACTING SENATOR VALESKY:   Senator 

18   Krueger, all of the budget bills have not been 

19   introduced at this point in time.  And as a 

20   result, your point of order is not well taken.  

21                SENATOR KRUEGER:   Through you, 

22   Mr. President.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Krueger.

25                SENATOR KRUEGER:   Thank you.


                                                               1211

 1                So is it your clarification that we 

 2   will get this report?  And if so, when?

 3                ACTING PRESIDENT VALESKY:   I'm 

 4   simply clarifying as a fact that all budget 

 5   bills have not been introduced yet, and 

 6   therefore your point is not well taken.

 7                SENATOR KRUEGER:   Oh.  One moment.

 8                ACTING PRESIDENT VALESKY:   Senator 

 9   DeFrancisco, why do you rise?

10                SENATOR DeFRANCISCO:   Yes, the 

11   answer to that question is yes, you will get 

12   them, we hope.  We're trying our darnedest to 

13   get all the rest of the budget bills printed by 

14   midnight tonight.  Once the bills are printed 

15   and we've got the whole plan together, we will 

16   provide that same report.  

17                But we're trying to jump-start the 

18   process.  Since there are three budget bills 

19   ready for people to discuss, rather than having 

20   nine or ten budget bills at one time, we thought 

21   this would be the better way to get a reasonable 

22   debate on the bills and give everybody ample 

23   time.

24                ACTING PRESIDENT VALESKY:   Thank 

25   you, Senator DeFrancisco.


                                                               1212

 1                Read the last section.

 2                SENATOR GIANARIS:   Lay it aside.

 3                ACTING PRESIDENT VALESKY:   The 

 4   bill is laid aside.

 5                THE SECRETARY:   Calendar Number 

 6   271, Senate Budget Bill, Senate Print 2605D, an 

 7   act --

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT VALESKY:   The 

10   bill is laid aside.

11                THE SECRETARY:   Calendar Number 

12   272, Senate Budget Bill, Senate Print 2608D, an 

13   act to authorize.

14                SENATOR GIANARIS:   Lay it aside.

15                ACTING PRESIDENT VALESKY:   The 

16   bill is laid aside.

17                Senator Libous, that concludes the 

18   noncontroversial reading of Senate Supplemental 

19   Calendar 24A.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.  And I believe we can now take up 

22   the controversial reading of Supplemental 

23   Calendar 24A.

24                ACTING PRESIDENT VALESKY:   The 

25   Secretary will ring the bells.


                                                               1213

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   270, Senate Budget Bill, Senate Print 2604E, an 

 4   act making appropriations.

 5                ACTING PRESIDENT VALESKY:   Senator 

 6   Krueger.

 7                SENATOR KRUEGER:   Thank you, 

 8   Mr. President.  Will the sponsor please yield?  

 9                ACTING PRESIDENT VALESKY:   Senator 

10   DeFrancisco, do you yield?  

11                SENATOR DeFRANCISCO:   Yes.

12                ACTING PRESIDENT VALESKY:   The 

13   sponsor yields.

14                SENATOR KRUEGER:   Thank you.

15                So this is an appropriations bill 

16   on capital projects.  So going back to my 

17   earlier point that there should be a report -- I 

18   believe on the entire budget collection, but my 

19   colleague pointed out earlier in my point of 

20   order that we don't have all the bills so we 

21   can't do it on all of them.  

22                But where is the materials that 

23   meet Section 54-A law on this specific capital 

24   bill?  And that would be including conference 

25   committee details -- excuse me -- and specifics 


                                                               1214

 1   on the dollars and cents in this budget bill.

 2                SENATOR DeFRANCISCO:   This budget 

 3   bill has been in print for at least three days, 

 4   but I think probably more than that, as are the 

 5   other two bills that we're going to discuss 

 6   today, which gives everyone ample notice -- not 

 7   only members, but also the general public -- to 

 8   look at all the entire list of things that this 

 9   particular capital projects budget bill, for 

10   example, is going to approve by the approval of 

11   this particular bill.

12                The entire plan will be released as 

13   soon as we've got the other budget bills in 

14   print.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                SENATOR DeFRANCISCO:   Yes.

19                ACTING PRESIDENT VALESKY:   The 

20   sponsor yields.

21                SENATOR KRUEGER:   Thank you.  

22                Just to read Section 54, "Report on 

23   the Budget":  "Before voting upon an 

24   appropriation bill submitted by the Governor and 

25   related legislation as amended in accordance 


                                                               1215

 1   with Article 7 of the Constitution, each house 

 2   shall place on the desks of its members a report 

 3   relating to each such bill.  And preceding final 

 4   action on all such appropriation bills and 

 5   legislation, members shall be so provided with a 

 6   comprehensive cumulative report relating to all 

 7   such bills and legislation.

 8                "The reports prepared by each house 

 9   shall include, for the General Fund, a summary 

10   of proposed legislation, revisions to the 

11   Executive Budge for the ensuing fiscal year, and 

12   shall separately identify and present all 

13   legislative additions, reestimates, and other 

14   revisions that increase or decrease" --

15                ACTING PRESIDENT VALESKY:   Senator 

16   Krueger, do you have any question for Senator 

17   DeFrancisco?  

18                SENATOR KRUEGER:   I do.  I'm just 

19   reading from the law.

20                So to continue the paragraph, "and 

21   separately identify and present all legislative 

22   additions, reestimates and other revisions that 

23   increase or decrease available resources."  

24                Such report for each appropriation 

25   bill to be on our desks "shall, where 


                                                               1216

 1   practicable, display and the separately identify 

 2   and present all legislative additions, 

 3   reestimates and other revisions that increase or 

 4   decrease state funds and All Funds spending, 

 5   including an estimate of the impact of the 

 6   proposed revisions on local governments and the 

 7   state workforce."

 8                So yes, the sponsor answered that 

 9   the bill has aged three days.  But again, my 

10   question is, under the law, we are supposed to 

11   have on our desks a report that lays out these 

12   specifications for this specific capital 

13   appropriations bill.  I'm wondering where that 

14   report is.

15                SENATOR DeFRANCISCO:   I mentioned 

16   before that you don't have a complete report in 

17   view of the fact that we don't have all the 

18   budget bills printed.  

19                However, I appreciate Senator 

20   Krueger's reading that section of the law, 

21   because there were words in there that she said 

22   a little silently, but it said "where 

23   practicable."  And in this particular situation, 

24   I'd be happy to read them more loudly.  

25                It's not practical in view of the 


                                                               1217

 1   fact that we don't have the rest of the budget 

 2   bills.  However, that summary is extremely 

 3   important when we're doing it like we used to do 

 4   business, with messages of necessity where no 

 5   one really knew what the plan or knew what these 

 6   bills stood for, and you couldn't read it in 

 7   such a short time.  

 8                We've had plenty of time to do 

 9   that.  It's not practicable.  We don't want to 

10   waste the time we have here to do three of the 

11   many budget bills, so we do it in an orderly 

12   fashion.  So that's why we don't have it.  It's 

13   not practicable presently.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President.  On -- I don't know that I'm on 

16   the bill, I'm on my point about we should have a 

17   report on our desks.  So on the bill.

18                ACTING PRESIDENT VALESKY:   Senator 

19   Krueger on the bill.

20                SENATOR KRUEGER:   I don't believe 

21   I was quieter on "practicable," although I agree 

22   I have trouble saying that word also.

23                But since we all know that we don't 

24   have messages of necessity, this bill has aged 

25   three days -- and certainly in every other 


                                                               1218

 1   previous year since the law passed, we were able 

 2   to do this work prior to bringing the bill to 

 3   the floor -- I actually do think it was 

 4   perfectly practicable for us to have the report 

 5   on our desks that we should have on our desks.  

 6                I'm led to believe that despite the 

 7   fact that we are in violation of Section 54 of 

 8   the budget law, we are going to continue to take 

 9   up this bill.  So now I'm happy to open it up to 

10   other questions from the floor.

11                Thank you, Mr. President.

12                ACTING PRESIDENT VALESKY:   Are 

13   there any other Senators who wish to be heard?

14                Seeing none, the debate is closed.

15                The Secretary will ring the bells.

16                Read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT VALESKY:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT VALESKY:   Senator 

23   DeFrancisco to explain his vote.

24                SENATOR DeFRANCISCO:   Just very 

25   briefly, I want to mention a couple of the 


                                                               1219

 1   highlights of this bill that I think most people 

 2   should be happy with, especially Western 

 3   New York.

 4                There's Empire State Development 

 5   money for various projects in Western New York, 

 6   including Ralph Wilson Stadium, another 

 7   $2.1 million for the retention of the 

 8   professional football team, the Buffalo regional 

 9   innovations cluster, and many, many more.  It's 

10   part of the Governor's promise for that 

11   $1 billion lift for Western New York to get that 

12   economy going.

13                However, the other part that's 

14   really important, I believe, is how we dealt 

15   with transportation this year.  For five 

16   straight years we had no increase in CHIPS 

17   funding, which is so important for our 

18   localities to be able to keep their roads in 

19   good shape.  And there's a $75 million increase 

20   this year, and the plan is for another $75 

21   million increase next year.  

22                And we have a total budget for 

23   transportation of $3.4 billion, which is subject 

24   to an MOU, and the projects are listed in the 

25   MOU, which is available.  


                                                               1220

 1                There's also some other funding 

 2   that's available for specific projects for 

 3   transportation, including aviation, rail, and 

 4   some of the regional transportation authorities 

 5   as well as the MTA.  So it's a very broad -- and 

 6   also for SUNY.  

 7                So there's substantial capital 

 8   money here that's been lacking in prior years 

 9   that we were able to put in this year which is 

10   crucial for the infrastructure of the State of 

11   New York and to keep our economy going.

12                So it's an excellent bill, and I'm 

13   glad we're going to pass this today.

14                ACTING PRESIDENT VALESKY:   Senator 

15   DeFrancisco to be recorded in the affirmative.

16                Senator Latimer to explain his 

17   vote.

18                SENATOR LATIMER:   Thank you, 

19   Mr. President.

20                I rise in support of the bill, but 

21   I would like to share a cautionary note.  We 

22   have the major capital project downstate of the 

23   Tappan Zee Bridge, which is not just only 

24   linking Westchester and Rockland County but is a 

25   key connector for business throughout the 


                                                               1221

 1   downstate region.  

 2                We have applied for $2.5 billion 

 3   from a TIFIA loan.  We've received $1.5 

 4   billion.  That leaves a gap of a billion 

 5   dollars.  This budget does not have an 

 6   allocation of capital to address that, and I 

 7   think there's legitimate concern that we may be 

 8   heading toward excessively high tolls if we 

 9   can't bridge that gap through some capital 

10   activity.  

11                But absent that, I will support 

12   this bill.

13                ACTING PRESIDENT VALESKY:   Senator 

14   Latimer to be recorded in the affirmative.

15                Senator Parker to explain his vote.

16                SENATOR PARKER:   Thank you, 

17   Mr. President.  To explain my vote.  

18                I'm voting no on this bill, and I'm 

19   voting no probably on the entire budget, 

20   Mr. President.  

21                This has been frankly an atrocity.  

22   To have a process in which you have no 

23   African-Americans, no Latinos, no women, no 

24   Asians involved in the budget process, the third 

25   largest budget in the entire country, is just 


                                                               1222

 1   absolutely horrendous.  And not to have our 

 2   leader engaged in this.  

 3                As I look over this bill, I see 

 4   nothing in there for my constituents, I see 

 5   nothing for Brooklyn.  Why would I vote for 

 6   something does nothing for my constituents?  

 7                I have not been able to talk to the 

 8   Governor for six, seven months about doing 

 9   something around Downstate Medical Center, have 

10   not even had a conversation with him or his 

11   staff.  I vote no.  

12                I'm looking at a conversation that 

13   we're having about minimum wage.  We're talking 

14   about, you know, phasing it in over three years 

15   as a measly $9.  By the time we phase it in, 

16   it's already going to be obsolete.  I vote no. 

17                We haven't done anything about 

18   plain-sight marijuana and decriminalizing it.  I 

19   vote no.  

20                And so because of all the things 

21   that are lacking in this budget bill, 

22   Mr. President, I only have a couple of seconds, 

23   but just in case people weren't clear, I'm 

24   voting no.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               1223

 1   Parker to be recorded in the negative.

 2                Senator Espaillat to explain his 

 3   vote.

 4                SENATOR ESPAILLAT:   Thank you, 

 5   Mr. President.  

 6                Several days ago we began this 

 7   budget process with the debt services bill, and 

 8   now we have this capital projects bill with many 

 9   worthy projects, including $53.89 million for 

10   the Ralph Wilson Stadium.  For us football 

11   lovers, that will be a great investment.  

12                We also have a $10.25 million 

13   investment for zoos and botanical gardens.  It 

14   was actually increased a million dollars for us 

15   folks that like to visit the zoos.  That's also 

16   a nice investment.  

17                In addition to that, we have 

18   $4.6 million for invasive species control, 

19   including $100,000 for Lake George, not too far 

20   from here, and $20 million for land 

21   acquisition.  

22                This is the beginning of a budget 

23   process that will conclude with a budget of 

24   around $143 billion.  And yet there has been no 

25   talk as we concluded this weekend -- the Somos 


                                                               1224

 1   El Futuro weekend, where hundreds of young 

 2   people came to the State Capitol -- there is no 

 3   talk about the DREAM Act.  So it lacks 

 4   investment in the human capital.  And I think 

 5   that's a very negative shortfall for this 

 6   budget.  

 7                In addition to that, the minimum 

 8   wage debate continues to linger.  And while we 

 9   shoot for a $9 an hour minimum wage in 2015, our 

10   U.S. Senator, Kirsten Gillibrand, is asking for 

11   a $10.10 minimum wage nationally.  And by the 

12   time we get to 2015, I am sure that the federal 

13   government will have implemented a $9 minimum 

14   wage across the country, across states with much 

15   lower standards and costs of living than New 

16   York City and New York State.  

17                So, Mr. President, this is the 

18   beginning of a long process where I, as well as 

19   my colleague who spoke before me, will continue 

20   to vote no in all these budget issues.

21                ACTING PRESIDENT VALESKY:   Senator 

22   Espaillat to be recorded in the negative.

23                Senator Libous to explain his vote.

24                SENATOR LIBOUS:   Thank you, 

25   Mr. President.


                                                               1225

 1                It was commented earlier, and I 

 2   don't recall who did it, who said it, but I just 

 3   want to make a clarification.  The New York City 

 4   region, in this budget bill, will get 

 5   $1.26 billion.  And that money is going to go to 

 6   the Counties of Richmond, Kings, Queens, 

 7   New York, and Bronx.  So I just want to make 

 8   that point and clarification.

 9                ACTING PRESIDENT VALESKY:   And, 

10   Senator Libous, how do you vote?

11                SENATOR LIBOUS:   I vote aye.

12                ACTING PRESIDENT VALESKY:   Senator 

13   Libous to be recorded in the affirmative.

14                Senator Kennedy to explain his 

15   vote.

16                SENATOR KENNEDY:   Thank you, 

17   Mr. President.  

18                I rise today to express my support 

19   for the funding allocated in this budget 

20   specifically toward the Buffalo Bills, keeping 

21   the Buffalo Bills in Western New York and in 

22   New York State.

23                The Bills, as we all know, are an 

24   important part of the fabric of the Western 

25   New York community, of the New York State 


                                                               1226

 1   economy.  It's a strategic investment targeted 

 2   to benefit our region's infrastructure, our 

 3   economy, a long-term focus that's going to 

 4   ensure that we have a positive economic impact 

 5   felt from the retention of the Bills in Buffalo.

 6                This isn't just about football, 

 7   this is about jobs.  This is about keeping jobs, 

 8   the thousands of jobs that are important to the 

 9   Western New York economy, the New York State 

10   economy, working.  

11                If the Bills were to leave Buffalo, 

12   it would send a negative economic ripple effect 

13   throughout our community, throughout our state.  

14   Businesses throughout Western New York would 

15   have to consider laying off workers.  

16   Merchandisers, restaurants, bars, food 

17   suppliers, busing companies, shipping companies 

18   and others all would feel an economic pain.

19                Negotiating a lease deal for the 

20   stadium was a long process, but it was essential 

21   to keep the Bills in Buffalo.  The Governor and 

22   other stakeholders deserve a great amount of 

23   credit.  All the stakeholders came together to 

24   devise a solution that will work to benefit our 

25   economy, our county, our state, our football 


                                                               1227

 1   team, and our fans.

 2                I want to thank also Senator 

 3   DeFrancisco for giving us Syracuse University's 

 4   coach, Doug Marrone, who undoubtedly are going 

 5   to lead the Bills to the Super Bowl in the very 

 6   near future, to see the fruits of our labor.  

 7   And the next step is finding a quarterback to 

 8   ensure this is a positive investment for all of 

 9   New York State.

10                Again, I vote aye on this budget 

11   portion of this bill and look forward to seeing 

12   the Bills' successes in the near future.  

13                Thank you.

14                ACTING PRESIDENT VALESKY:   Thank 

15   you, Senator Kennedy.  

16                Senator Kennedy will be recorded in 

17   the affirmative.  

18                And just let the record reflect 

19   that I in fact represent Syracuse University.  

20   So thank you.

21                Senator Grisanti to explain his 

22   vote.

23                SENATOR GRISANTI:   Yes, thank you, 

24   Mr. President.  

25                I won't go any further on the 


                                                               1228

 1   Buffalo Bills issue than they're getting their 

 2   funding and God pray that they get a 

 3   quarterback.  

 4                But, you know, this budget bill 

 5   isn't just about the Buffalo Bills.  I mean, 

 6   it's about numerous things across New York 

 7   State.  This is first time EPF funding has been 

 8   increased, ladies and gentlemen, a $19 million 

 9   increase.  It affects a variety of issues across 

10   your districts, from research to farmers to 

11   protect against pollution in the environment.  

12   That's very significant that that actually went 

13   forward.  

14                In particular, they have the 

15   New York SUNY 2020, New York CUNY 2020, 

16   significant amounts of money, a combination of 

17   $110 million.  

18                The CHIPS funding alone, the CHIPS 

19   funding alone -- an increase that has not been 

20   seen for five years -- is mandate relief for 

21   your municipalities.  That is money the 

22   municipalities do not have to spend on various 

23   infrastructure, that we have given them some 

24   mandate relief with regards to those areas.  

25                And in particular in Western 


                                                               1229

 1   New York, there's numerous funding in here for 

 2   the waterfront development, for parks and for 

 3   various municipalities to deal with 

 4   environmental issues.  

 5                And it's a budget on the capital 

 6   projects that's much needed for the state, but 

 7   in particular for Western New York.  I vote 

 8   aye.  

 9                Thank you very much, Mr. President.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Grisanti to be recorded in the affirmative.

12                Announce the results.

13                THE SECRETARY:   Ayes, 60.  Nays, 

14   2.  Senators Espaillat and Parker recorded in 

15   the negative.

16                ACTING PRESIDENT VALESKY:   The 

17   bill is passed.

18                The Secretary will continue to 

19   read.

20                THE SECRETARY:   Calendar Number 

21   271, Senate Budget Bill, Senate Print 2605D, an 

22   act authorizing.

23                ACTING PRESIDENT VALESKY:   Read 

24   the last section.

25                THE SECRETARY:   Section 3.  This 


                                                               1230

 1   act shall take effect immediately.

 2                ACTING PRESIDENT VALESKY:   Senator 

 3   Rivera, why do you rise?

 4                SENATOR RIVERA:   Thank you, 

 5   Mr. President, to explain my vote -- on the 

 6   bill.

 7                ACTING PRESIDENT VALESKY:   Senator 

 8   Rivera on the bill.  

 9                Senator Rivera, you're recognized 

10   to speak on the bill.

11                SENATOR RIVERA:   Thank you, 

12   Mr. President.  And as I am speaking on the 

13   bill, I will also explain my vote, so it covers 

14   two at the same time.

15                I will be voting in the affirmative 

16   on this piece of legislation.  There's a couple 

17   of things that I think certainly that we needed 

18   to do a little bit differently.  Certainly the 

19   closing of the facility, of the Beacon facility, 

20   is something that we have been concerned about, 

21   certainly myself and many members of my 

22   conference, particularly my colleague Terry 

23   Gipson.  I'm sure he will speak to it.  

24                But I wanted to speak briefly about 

25   one part of the budget that deals with the 


                                                               1231

 1   transfer of the Fulton Correctional Facility.  

 2   It is a former work-release facility that is in 

 3   my district.  

 4                We have been, the last couple of 

 5   years, working -- along with members of my 

 6   conference, certainly Senator Ruth Hassell- 

 7   Thompson, and many members in the Assembly as 

 8   well as folks on the second floor -- we've been 

 9   working on putting together something that 

10   hopefully with this transfer of a facility will 

11   actually come a little bit closer to fruition.  

12                Many folks that are incarcerated in 

13   upstate New York right now and in places all 

14   across the state will come back to neighborhoods 

15   like the ones I represent in the Bronx.  And we 

16   want to make sure that when these folks come 

17   back, they have a way to become productive 

18   members of society again.  

19                What this facility, once it starts 

20   operation, and hopefully this will -- this 

21   definitely gets us closer to that -- it will 

22   serve as a one of a kind and first of its kind 

23   reentry facility in the Bronx, providing both 

24   housing and education opportunities, as well as 

25   workforce development.  It will allow an 


                                                               1232

 1   opportunity for folks that are coming back to 

 2   the city, and particularly to the Bronx, to be 

 3   able to train so that they do not go back into 

 4   the criminal justice system.

 5                I am very glad that we were able to 

 6   include it in this budget process.  We are 

 7   transferring the facility now to an organization 

 8   known as the Osborne Association that has done 

 9   excellent work with incarcerated individuals, 

10   formerly incarcerated individuals.  We still 

11   have a long way to go to make sure that this 

12   program and this facility is up and running, but 

13   the first part of it has to be this transfer of 

14   this facility.  So I'm very happy that we are 

15   doing it today.  

16                I will be voting in the affirmative 

17   on this piece of legislation, Mr. President.  

18   Thank you.

19                ACTING PRESIDENT VALESKY:   Thank 

20   you, Senator Rivera.

21                Senator Parker on the bill.

22                SENATOR PARKER:   Thank you very 

23   much, Mr. President.  On the bill.  

24                In a move that's probably going to 

25   surprise this chamber, I'm voting no on this 


                                                               1233

 1   bill as well, Mr. President.  

 2                I want to maintain, I guess mostly 

 3   for emphasis, my problem with the process.  And 

 4   we talk about -- you know, there's a lot of 

 5   conversation about dysfunction in this body and, 

 6   you know, dysfunction in the Legislature and 

 7   dysfunction in Albany.  And understand that 

 8   dysfunction was a term that talked about the 

 9   three men in a room.  

10                We now have four men in a room.  

11   And this is not personal to who the four men 

12   are.  It's that you have 150 people who 

13   represent, you know, 20 million people, and you 

14   only have four of them making decisions.  

15                And if anybody tries to raise issue 

16   of those tables, which are just jive -- I mean, 

17   they're less than a billion dollars.  You're 

18   talking about a vote being taken over the next 

19   few days on, Mr. President, 142-point-something 

20   billion dollars.  Right?  And you put less than 

21   a billion at these little tables that we're 

22   doing, you know, it's tricks.

23                And it is what it is.  And, you 

24   know, I get we're doing it for effect.  But, you 

25   know, don't -- don't tell me that.  Right?  I 


                                                               1234

 1   mean, the reality is that we have not been part 

 2   of it.  I don't know why I would vote for 

 3   something in which my input has been not just 

 4   ignored but essentially told no.  

 5                I came to the table essentially 

 6   with one major issue, which is the preservation 

 7   of Downstate Medical Center as both a medical 

 8   school and health center as well as a hospital.  

 9   Could not even get a meeting with the Governor 

10   or his people for seven months.  For seven 

11   months.  We wrote letters, I stopped people in 

12   the hallway, went to the Governor's mansion and 

13   asked the Governor personally, and was denied a 

14   conversation.  

15                Why would I vote for a budget when 

16   I've asked for one thing and I was told, 

17   Mr. President, that I can't even have a 

18   conversation with the people making the decision 

19   about the one thing that was the most important 

20   to me?  Why would I give you my vote on anything 

21   in this budget?  

22                This is a medical center that 

23   85 percent of the people who get services there 

24   and primary care there are African-American and 

25   people of African descent and Latino.  And this 


                                                               1235

 1   is what you think is the right thing to do, 

 2   Mr. Governor?  We produce 800 medical 

 3   professionals every single year.  And you want 

 4   to close the hospital and fire people in this 

 5   economy?  

 6                So you want to run these nice ads 

 7   about New York is open for business?  It must 

 8   not be open for business in Brooklyn, because 

 9   you're closing the fourth-largest employer in 

10   Brooklyn.  And then you want my vote for that.

11                This bill is not -- this bill 

12   doesn't deal with that directly, and I 

13   understand that.  But my objections on all of 

14   this stuff, I cannot vote for any of this due to 

15   the fact that things that I'm asking for are not 

16   being resolved.

17                ACTING PRESIDENT VALESKY:   Senator 

18   DeFrancisco, why do you rise?

19                SENATOR DeFRANCISCO:   I'd ask if 

20   Senator Parker would please yield to a very 

21   quick question which may make him feel better.

22                ACTING PRESIDENT VALESKY:   Senator 

23   Parker, do you yield?

24                SENATOR PARKER:   For my friend 

25   Senator DeFrancisco, absolutely.


                                                               1236

 1                ACTING PRESIDENT VALESKY:   Senator 

 2   Parker yields.

 3                SENATOR DeFRANCISCO:   Senator, as 

 4   I mentioned earlier, we don't have all the 

 5   budget bills prepared in print.  But, however -- 

 6   oh, this one is in print, actually.  I'm sorry, 

 7   I'm mistaken.  

 8                But this is Budget Bill 2606D.  

 9   There is a provision.  There is a provision 

10   concerning the Downstate hospital that you're 

11   concerned about that was negotiated.  And I can 

12   refer you -- or actually, Senator Hannon is in a 

13   better position to refer you to the exact 

14   section, and maybe can you take a look at that 

15   before you -- Part Q of that bill, 2606D.

16                SENATOR PARKER:   Okay.  

17                SENATOR DeFRANCISCO:   And you 

18   might want to take a look at it, because I think 

19   there was an extensive provision concerning your 

20   issue.  

21                SENATOR PARKER:   Thank you, 

22   Senator DeFrancisco.

23                If I can continue on the bill.

24                ACTING SENATOR VALESKY:   Continue.

25                SENATOR PARKER:   I have two 


                                                               1237

 1   problems with Downstate, and I'm going to kind 

 2   of end here.  

 3                One was about the need for about 

 4   $150 million -- and this is according to the 

 5   SUNY people, and the chairman there, have 

 6   indicated they need $150 million.  I have not 

 7   seen anything -- and in fact, everybody I've 

 8   talked to has said it's not been there.  I'm 

 9   hoping that the clarification I got from Senator 

10   DeFrancisco is in fact correct and in fact there 

11   is some money there to make this hospital go 

12   further.

13                My second problem is language that 

14   privatizes the hospital.  And I don't think 

15   there's any place for privatization in a public 

16   hospital.  

17                And the reality is we have public 

18   institutions, and the reason why we have 

19   government is that frankly there isn't a market 

20   to do some of the things that need to be done in 

21   our society.  Point-blank, period.  That's why 

22   you need government.  If there was a market to 

23   pave every street in the country, then in fact, 

24   you know, there would be private companies that 

25   did nothing but own the streets and pave them.  


                                                               1238

 1   If there was a market to educate everybody, then 

 2   you would not need public schools, you would 

 3   just have private education.  

 4                The reality is there are some 

 5   things that we actually do better, believe it or 

 6   not.  And efficiency cannot just be about 

 7   economic efficiency, it has to be about service 

 8   efficiency.  It has to be about quality of 

 9   care.  It has to be about making sure that 

10   people in our society get the things that they 

11   need.

12                And so I can't vote on a bill that 

13   begins the process of privatizing a public 

14   hospital and a public medical center.  

15                I have vast concerns about other 

16   parts of this budget.  No DREAM Act.  I think, 

17   again, a woefully inadequate minimum-wage 

18   proposal.  The fact that we have not dealt with 

19   just many, many of the important things, 

20   including the developmentally disabled community 

21   that's going to lose about $120 million, is my 

22   understanding still, and that we haven't 

23   resolved.  

24                And so some of these things have to 

25   be resolved before I can feel comfortable voting 


                                                               1239

 1   yes on this budget.  

 2                Mr. President, I vote no.

 3                ACTING PRESIDENT VALESKY:   Thank 

 4   you, Senator Parker.

 5                Senator Gipson on the bill.

 6                SENATOR GIPSON:   Thank you, 

 7   Mr. President, for the opportunity to speak on 

 8   this bill.  

 9                There are some very good things in 

10   this bill that I am very happy about, and one of 

11   them is the local government efficiency grant 

12   program.  This program will allow local 

13   municipalities that are experiencing severe 

14   budget crunches, it will help them in reaching 

15   out for more opportunities to share services and 

16   making the entire process more streamlined.  And 

17   it will, more importantly, speed up the process 

18   in which grant money is brought back to these 

19   local governments.  I'm very happy to see that 

20   that is in here.

21                I'm also happy to see that this 

22   adjudication of traffic violations has been 

23   changed from what the Executive was originally 

24   proposing.  The Executive's proposal would have 

25   taken power away from our local governments, it 


                                                               1240

 1   would have taken power away from the ability for 

 2   them to plea bargain tickets.  This would have 

 3   led to an increase in trials, and the resulting 

 4   expenses would have gone back to our local 

 5   governments.  

 6                This new solution will reduce local 

 7   governments' traffic court expenses and, more 

 8   importantly, it will continue an important 

 9   stream of revenue for our local governments.

10                These two things are good.  

11   However, in this bill there is one thing that is 

12   particularly bad.  And that is that the Beacon 

13   Correctional Facility, which is located in the 

14   southern end of my district, is proposed to be 

15   closed.  

16                As many of you know, I fought hard 

17   to keep this facility open, along with many of 

18   my colleagues.  There are women there that 

19   receive valuable services that will be 

20   unfortunately displaced to other locations that 

21   will not be able to offer the quality of care 

22   that they were receiving there.  Jobs are at 

23   stake.  And more importantly, the local economy 

24   stands to suffer greatly from this decision.

25                Having said that, apparently I'm 


                                                               1241

 1   left no other course of action than to try to 

 2   find a way to make use of this outstanding 

 3   facility, which is over 300 acres right in the 

 4   middle of a thriving metropolis, the City of 

 5   Beacon.  It's a great place to visit.  If you 

 6   haven't been there, I hope you'll come and see 

 7   what they've done there, on their own, with art 

 8   galleries and restaurants.  The education system 

 9   there is growing.  It's an exciting place to 

10   be.  

11                So what we have to do now is we 

12   have to find a way to revitalize this important 

13   venue there.  And so I'm committed to working 

14   with the Governor's office and the local 

15   community in finding a way to make sure that we 

16   develop good local jobs at this location and 

17   that we find a way to make sure that the economy 

18   continues to grow as a result of the work that 

19   we're doing there.  And that's where my focus 

20   will be moving forward.  

21                As I said, there are good things in 

22   this bill that I support.  But the fact that a 

23   facility that offered so many good services and 

24   such a great economic benefit to my community is 

25   being closed, I will have to vote no on this 


                                                               1242

 1   bill.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT VALESKY:   Thank 

 4   you, Senator Gipson.

 5                Seeing no other Senator who wishes 

 6   to be heard on the bill, the debate is closed.  

 7                The Secretary will ring the bells.

 8                Read the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT VALESKY:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT 

15   VALESKY:   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 271, those recorded in the 

18   negative are Senators Espaillat, Gipson, and 

19   Parker.

20                Ayes, 59.  Nays, 3.

21                ACTING PRESIDENT VALESKY:   The 

22   bill is passed.

23                Senator DeFrancisco, why do you 

24   rise?

25                SENATOR DeFRANCISCO:   I just 


                                                               1243

 1   wanted to explain my vote very briefly.  

 2                It was just mentioned by Senator 

 3   Gipson about this help to the localities, not 

 4   only in these local efficiency grants, but one 

 5   of the biggest things in my community -- and, I 

 6   know, a lot of people upstate -- the Governor 

 7   wanted to take away plea bargaining on various 

 8   motor vehicle provisions.  And the intended 

 9   purpose was to make sure that tickets were not 

10   plea bargained down to an offense that only the 

11   localities receive the funds.  

12                There was a great compromise so 

13   that the localities could still plea bargain and 

14   not have the cost of trials or additional cost 

15   because of not being able to get a lower charge, 

16   but also so the localities could keep the 

17   funding, which was critical for the towns and 

18   villages especially.

19                In addition, there's another 

20   provision in here that I think is very important 

21   with respect to safety in the schools.  And 

22   we've included language in this budget to allow 

23   the Commissioner of Education the discretion to 

24   eliminate earning limitations for retired police 

25   officers employed to districts as school 


                                                               1244

 1   resource office.  In other words, they can allow 

 2   for more than the minimum amount of wage for 

 3   retired police officers dealing with this 211 

 4   waiver.  

 5                It gives the flexibility for the 

 6   school districts to hire these officers and be 

 7   in a position to make their schools safer.  So I 

 8   think that's a significant part of the public 

 9   protection bill as well.

10                Thank you.  I vote aye.

11                ACTING PRESIDENT VALESKY:   Senator 

12   DeFrancisco to be recorded in the affirmative.

13                The bill is passed.

14                The Secretary will continue to 

15   read.

16                THE SECRETARY:   Calendar Number 

17   272, Senate Budget Bill, Senate Print 2608D, an 

18   act to authorize.

19                ACTING PRESIDENT VALESKY:   Senator 

20   Parker on the bill.

21                SENATOR PARKER:   Thank you, 

22   Mr. President.  

23                I rise to vote no on this budget 

24   bill.  I don't see the 18-a utility assessment 

25   surcharge in it.  And I wish that meant that it 


                                                               1245

 1   was going to go away, as it should.  This is a 

 2   harmful tax to our constituents and people who 

 3   use utilities across the state.  

 4                And even though that's not in this 

 5   budget, we still have failed to do many of the 

 6   important things, Mr. President, that I think 

 7   that we need to do to take care of the people of 

 8   the State of New York, particularly the people 

 9   in my district.  

10                Downstate Medical Center's 

11   financial crisis and the privatization language 

12   in the budget must be dealt with.  Education, 

13   particularly restoring the full funding for our 

14   schools and restoring the $250 million to 

15   New York City schools has to happen.  

16                We also have not held up our 

17   promise for the Campaign for Fiscal Equity.  And 

18   so we have high-needs districts across the State 

19   of New York, from Buffalo to Bath, from Brooklyn 

20   to Brookhaven, that all are suffering because we 

21   have not fulfilled our promise to the Campaign 

22   for Fiscal Equity lawsuit.

23                Lack of progress on minority and 

24   women-owned business enterprises is really a 

25   problem.  In fact, my understanding is that this 


                                                               1246

 1   budget is going to contain a $3 million 

 2   deduction when in fact we are actually supposed 

 3   to be increasing the amount of money that we're 

 4   putting in for MWBEs.  

 5                That in fact for you to in fact get 

 6   to the threshold that the Governor himself has 

 7   said he wants to see every agency get to, which 

 8   is 20 percent -- which is laudable, but it's one 

 9   thing to pay lip service to it.  It's another 

10   thing, Mr. Governor, to put your money where 

11   your mouth is.  And we need about $14 million 

12   across the state in agencies in order to make a 

13   20 percent goal happen in each agency.  And I 

14   don't see that reflected in this budget, so I'm 

15   going to vote no.  

16                Lack, again, of marijuana 

17   decriminalization and public protection.  Some 

18   of you have heard in Brooklyn that there have 

19   been a number of disruptions and civil 

20   disobedience in regards to the death of a young 

21   man named Kimani Gray.  That's in my district.  

22                You know, when are we going to do 

23   something about stop and frisk?  We've been 

24   asking for months to do that.  We could have 

25   done that in this budget and dealt with 


                                                               1247

 1   something that's important for the people of the 

 2   State of New York.  And, again, failing to 

 3   provide a significant living wage is also a real 

 4   problem.  

 5                Let me suggest, as I close, that we 

 6   get together with the Assembly and take back our 

 7   power on the budget.  I know that a number of 

 8   years ago that there was a lawsuit, you know, 

 9   and we sued and lost.  And because of that, we 

10   are now the most ineffective legislature in the 

11   entire country as relates to a budget 

12   negotiation.  

13                We could actually take that back by 

14   deciding what is fair, coming up with a bill, 

15   passing it.  Of course, the Governor won't sign 

16   it, but we can bring it here and we can override 

17   the Governor's veto and take back our own 

18   power.  Instead of having these tables with 

19   $550 million, which is than a half a percent of 

20   the budget that we're making decisions on.  

21                You know, we lost all of our member 

22   items and capital funding -- at least we did in 

23   the minority, we didn't have any.  Member 

24   items -- and you know, let's call it the nice 

25   word, legislative initiative funds -- was less 


                                                               1248

 1   than $200 million for the entire Legislature.  

 2   And the Governor has scooped that up, put it in 

 3   his little Economic Development Councils, and 

 4   have left our communities, particularly black 

 5   and Latino communities, bare, without an ability 

 6   to decide where funding goes in our 

 7   communities.  

 8                And so what continues to get 

 9   funding are large organizations.  And meanwhile, 

10   community-based organizations that are doing a 

11   lot of the grassroots work that is really 

12   critical in districts like mine, is not getting 

13   done.  

14                For all of those reasons, I vote no 

15   on this budget.

16                ACTING PRESIDENT VALESKY:   Senator 

17   Kennedy on the bill.

18                SENATOR KENNEDY:   Thank you, 

19   Mr. President.  

20                I rise today to express my support 

21   for the language included in this bill that 

22   brings New York State in line with federal 

23   regulations regarding distracted driving.  

24                It's vitally important that all 

25   drivers and those with whom they share the road 


                                                               1249

 1   are protected from dangerous of texting while 

 2   driving and distracted driving.  We've been long 

 3   fighting to end distracted driving, but lives 

 4   continue to be put at risk by motorists that are 

 5   texting while driving or engaged in other 

 6   distractions behind the wheel.  

 7                The expanded provisions in this 

 8   budget bill take another step in the right 

 9   direction toward improving roadway safety and 

10   ultimately saving lives.  

11                Momentum began building to ban 

12   texting when driving as a result of the work in 

13   Western New York by Kelly Cline, a Western 

14   New Yorker who lost her son, A.J. Larsen, to a 

15   texting while driving accident.  Since then, 

16   Kelly has been an unwavering advocate for safer 

17   driving laws.  

18                Together, we passed a ban on 

19   distracted driving back in the last couple of 

20   years.  I was proud to vote for a statewide ban 

21   against distracted driving here in New York 

22   State.  

23                In the first year since the ban, 

24   more than 20,000 distracted driving tickets were 

25   written.  As law enforcement officials continue 


                                                               1250

 1   to crack down on this dangerous activity, lives 

 2   are being saved across our state.  The language 

 3   in this bill will prohibit drivers from using 

 4   handheld mobile telephones or portable 

 5   electronic devices while operating commercial 

 6   motor vehicles.  

 7                Thank you, Mr. President.  I vote 

 8   aye.  

 9                ACTING PRESIDENT VALESKY:   Senator 

10   Gipson on the bill.

11                SENATOR GIPSON:   Thank you, 

12   Mr. President.

13                I am very happy about some things 

14   in this bill that really will help promote 

15   farming in my community.  I want to point out 

16   that the Environmental Protection Fund not only 

17   helps protect our environment, but it also helps 

18   protect our farmland.  For every $1 invested in 

19   the EPF, New York's farm economy will help 

20   generate $7 back into New York's economy.  

21                Our state is a leader in 

22   agriculture.  We are the third-largest dairy 

23   industry in the nation.  And with the right 

24   investments, our agricultural industry will 

25   continue to grow.


                                                               1251

 1                Farms in New York today face a 

 2   immense pressure to sell land for development, 

 3   especially farms in the Hudson Valley, where my 

 4   district is located and where property values 

 5   have increasingly been on the rise.  However, 

 6   funding from the EPF helps protect this farmland 

 7   so that farmers can obtain additional land or 

 8   keep the land from being sold.  

 9                Recently the Farmland Protection 

10   Program was not seeing the types of funding that 

11   it really needed to assist farmers.  But now, 

12   with this bill, we'll be changing that.  And as 

13   you know, food security is critical to 

14   protecting our farmland.  

15                I would also point out that my 

16   district is the home of the Dutchess County 

17   Fair, which is what I consider to be a real 

18   jewel in terms of promoting agriculture in not 

19   only my district but in New York State.  So it 

20   is my goal over the next few years, you're going 

21   to see an increase in agriculture in the Hudson 

22   River Valley because of what the EPF fund is 

23   doing in this bill.  

24                So thank you, Mr. President.

25                ACTING PRESIDENT VALESKY:   Senator 


                                                               1252

 1   Latimer on the bill.

 2                SENATOR LATIMER:   Thank you, 

 3   Mr. President.  On the bill.

 4                There is an omission in this bill 

 5   which may be caught in some bill before we're 

 6   finished with our work on the budget, but for 

 7   the moment the Governor placed in this section 

 8   of the budget a proposal to implement 

 9   recommendations made by the Moreland Commission 

10   on utility storm preparedness and response.  

11                There are many good people in my 

12   home district in Westchester County and I 

13   suspect in other parts of the state -- in Queens 

14   and Staten Island and Long Island -- that are 

15   very concerned over the performance of the 

16   utilities during Superstorm Sandy.  And the 

17   Governor was very forthright, and I think 

18   accurately so, in indicating that we needed to 

19   beef up enforcement of the Public Service 

20   Commission.  

21                That whole topic area has been left 

22   out of this bill.  I'll look to see that it's 

23   referred in some other bill going forward.  But 

24   I think it's a very important point, and I don't 

25   think we can afford, if we're going to deal with 


                                                               1253

 1   these issues within the budget, to close this 

 2   budget without dealing with that proposal by the 

 3   Governor.  Because I think many of our 

 4   residents are expecting to see us respond with a 

 5   greater degree of enforcement of these 

 6   regulations.  

 7                Thank you.  

 8                ACTING PRESIDENT VALESKY:   Seeing 

 9   no other Senator who wishes to be heard, the 

10   debate is closed.  

11                The Secretary will ring the bells.

12                Read the last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT VALESKY:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT VALESKY:   Senator 

19   Carlucci to explain his vote.

20                SENATOR CARLUCCI:   Thank you, 

21   Mr. President.

22                I want to thank Governor Cuomo and 

23   my colleagues for working on this budget, this 

24   budget bill particularly.  We have language in 

25   here that addresses a real commonsense issue 


                                                               1254

 1   that we realized in the aftermath of Hurricane 

 2   Sandy.  

 3                In the days following Superstorm 

 4   Sandy we came to realize the painful truth, that 

 5   our state is dependent on gasoline.  And we saw 

 6   that when gas stations can't pump gasoline, that 

 7   our society, our economy grinds to a screeching 

 8   halt.  

 9                In this legislation, in this budget 

10   bill, we put in language to make sure that gas 

11   stations have backup generators, that the 

12   prewiring -- that gas stations will be able to 

13   get money to do prewiring so that when a 

14   disaster strikes, generators will kick in to 

15   make sure that that gasoline can pump.

16                This is a commonsense approach to 

17   make sure that we can move our society along, to 

18   make sure that our economy doesn't grind to a 

19   screeching halt, and to make sure that emergency 

20   service workers can move throughout the 

21   community.  What we saw in the aftermath of 

22   Superstorm Sandy was traffic lining the streets, 

23   emergency service workers not being able to get 

24   by, people not being able to get to work.  

25                This is an important piece of 


                                                               1255

 1   legislation.  I want to thank my colleagues for 

 2   working on a commonsense approach that helps the 

 3   gas stations, helps commuters, helps emergency 

 4   service workers to make sure that we can provide 

 5   relief in the aftermath of a disaster like 

 6   Hurricane Sandy.

 7                So I vote aye on this and want to 

 8   thank my colleagues for doing the same.  

 9                Thank you, Mr. President.

10                ACTING PRESIDENT VALESKY:   Senator 

11   Carlucci to be recorded in the affirmative.

12                Senator Farley to explain his vote.

13                SENATOR FARLEY:   I rise to bring 

14   attention to one part of this which is very 

15   worthwhile, and I applaud my colleagues for 

16   fighting for it.  And that's CHIPS for our roads 

17   upstate and around the state.  Because here 

18   we're spending millions to actually save 

19   billions.  

20                It's something that's been very, 

21   very important, and I'm pleased to vote for 

22   this.

23                ACTING PRESIDENT VALESKY:   Senator 

24   Farley to be recorded in the affirmative.

25                Senator Grisanti to explain his 


                                                               1256

 1   vote.

 2                SENATOR GRISANTI:   Yes, thank you, 

 3   Mr. President.

 4                You know, what Senator Carlucci 

 5   said, it is very important for downstate and 

 6   those gas stations.  However, the initial 

 7   proposal was for it to go statewide.  

 8                Now, being a Western New Yorker 

 9   from Buffalo, we don't really have those type of 

10   storms that would require these gas stations to 

11   spend $40,000 to $60,000 to implement a 

12   generator program.  So I'm glad that upstate was 

13   actually taken out of that particular part of 

14   the bill.  

15                However, they can opt in if they 

16   want to, if federal money becomes available.  So 

17   that's very important that it would not add that 

18   burden on the gas station industry in upstate 

19   New York.

20                And then besides CHIPS funding and 

21   everything else, what's important in this 

22   legislation as well is that trappers do have a 

23   separate identity when it comes to their 

24   licenses, so they're not grouped together with 

25   other hunting licenses.  So I know that that was 


                                                               1257

 1   very important for the trappers to maintain 

 2   their separate identity.  

 3                And in the previous legislation, I 

 4   appreciate everybody's vote with regard to the 

 5   increased aid to Roswell Park Cancer Institute 

 6   so they can continue with their capital projects 

 7   moving forward, for the economy as well.  We 

 8   know it's important not only for Western New 

 9   York and the state, but they're world-renowned 

10   in the research they do and saving lives in 

11   cancer research.  

12                For those reasons, on all three of 

13   those budget bills, as I said before, I vote 

14   aye, Mr. President.

15                ACTING PRESIDENT VALESKY:   Senator 

16   Grisanti to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 272, those recorded in the 

20   negative are Senators Espaillat and Parker.  

21                Ayes, 60.  Nays, 2.

22                ACTING PRESIDENT VALESKY:   The 

23   bill is passed.

24                Senator Libous, that completes the 

25   bills on Senate Supplemental Calendar 24A.


                                                               1258

 1                SENATOR LIBOUS:   Mr. President, 

 2   did you call my name?

 3                ACTING PRESIDENT VALESKY:   I did.  

 4                SENATOR LIBOUS:   Since you called 

 5   my name, is there any further business at the 

 6   desk?

 7                ACTING PRESIDENT VALESKY:   There 

 8   is none.

 9                SENATOR LIBOUS:   Mr. President, 

10   there being no further business at the desk, I 

11   move that the Senate will adjourn until 

12   March 25th -- that's tomorrow, Monday -- at 

13   11:00 a.m.

14                ACTING PRESIDENT VALESKY:   On 

15   motion, the Senate stands adjourned until 

16   Monday, March 25th, at 11:00 a.m.

17                (Whereupon, at 5:36 p.m., the 

18   Senate adjourned.)

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