Regular Session - February 3, 2014
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 3, 2014
11 3:35 p.m.
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14 REGULAR SESSION
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18 SENATOR PATRICK M. GALLIVAN, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GALLIVAN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GALLIVAN: Today
10 we are joined by the Reverend Peter G. Young, of
11 Mother Teresa Community Church, who will give our
12 invocation.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Usually we say please bow your
16 heads, but today we ask you to join with us in
17 looking at that beautiful stained glass window
18 that's behind me, because that is the symbol of
19 New York State. It says Excelsior, "Ever
20 Upward."
21 And as we find it replacing the
22 crown in 1777, it represents our Lady Liberty
23 with a peasant cap representing our rule here as
24 a nation, her left foot stepping on the crown
25 representing the rejection of royalty.
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1 As citizens of the Empire State, we
2 have been therefore becoming then the leader with
3 our constitution 12 years before the federal
4 Constitution, and we became the national leader.
5 Therefore, in this assembly and in
6 the chamber of the Senate You have given these
7 Senators a great power of leadership and
8 responsibility.
9 And now we pray that we then will
10 always have the working image and honor for all
11 of those -- and good health -- that are here for
12 all of our New Yorkers.
13 Amen.
14 ACTING PRESIDENT GALLIVAN: The
15 reading of the Journal.
16 The Secretary will read.
17 THE SECRETARY: In Senate, Friday,
18 January 31st, the senate met pursuant to
19 adjournment. The Journal of Thursday,
20 January 30th, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT GALLIVAN: Without
23 objection, the Journal stands approved as read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 The Secretary will read the
2 substitution.
3 THE SECRETARY: On page 11, Senator
4 Ball moves to discharge, from the Committee on
5 Rules, Assembly Bill Number 8397A and substitute
6 it for the identical Senate Bill Number 6335,
7 Third Reading Calendar 52.
8 ACTING PRESIDENT GALLIVAN: The
9 substitution is so ordered.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Libous.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 Could you please call on
20 Senator Valesky, then Senator Gianaris, and then
21 myself on motions.
22 ACTING PRESIDENT GALLIVAN: Senator
23 Valesky.
24 SENATOR VALESKY: Mr. President, I
25 move that the following bills be discharged from
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1 their respective committees and be recommitted
2 with instructions to strike the enacting clause:
3 Senate Bills 2260, 2252, 2262, 2429, 3799, and
4 2324.
5 ACTING PRESIDENT GALLIVAN: So
6 ordered.
7 Senator Gianaris.
8 SENATOR GIANARIS: Thank you,
9 Mr. President.
10 On behalf of Senator Perkins, I move
11 that the following bill be discharged from its
12 respective committee and be recommitted with
13 instructions to strike the enacting clause:
14 Senate Bill 1255.
15 ACTING PRESIDENT GALLIVAN: So
16 ordered.
17 Senator Libous.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 On behalf of Senator Griffo, I move
21 that the following bills be discharged from their
22 respective committees and be recommitted with
23 instructions to strike the enacting clause, those
24 bills being Senate Print 2401, 2493, 2596, 3106,
25 and 5103.
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1 ACTING PRESIDENT GALLIVAN: So
2 ordered.
3 Senator Libous.
4 SENATOR LIBOUS: Mr. President, at
5 this time could we have the reading of the
6 noncontroversial calendar.
7 ACTING PRESIDENT GALLIVAN: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number 1,
10 by Senator Skelos, Senate Print 5922, an act
11 authorizing.
12 SENATOR GIANARIS: Lay it aside.
13 ACTING PRESIDENT GALLIVAN: There
14 is a home-rule message at the desk.
15 The bill is laid aside.
16 THE SECRETARY: Calendar Number 41,
17 by Senator Grisanti, Senate Print 6165A, an act
18 to amend Chapter 274 of the Laws of 2010.
19 ACTING PRESIDENT GALLIVAN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GALLIVAN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 53.
2 ACTING PRESIDENT GALLIVAN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number 52,
5 substituted earlier today by Member of the
6 Assembly Benedetto, Assembly Print Number 8397A,
7 an act to amend Chapter 557 of the Laws of 2013.
8 ACTING PRESIDENT GALLIVAN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GALLIVAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 53.
16 ACTING PRESIDENT GALLIVAN: The
17 bill is passed.
18 Senator Libous, that completes the
19 noncontroversial reading of the calendar.
20 SENATOR LIBOUS: Could we have the
21 reading of the controversial calendar.
22 ACTING PRESIDENT GALLIVAN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number 1,
25 by Senator Skelos, Senate Print 5922, an act
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1 authorizing.
2 ACTING PRESIDENT GALLIVAN: Senator
3 Stavisky.
4 SENATOR STAVISKY: May I have an
5 explanation, please.
6 ACTING PRESIDENT GALLIVAN: Senator
7 Libous.
8 SENATOR LIBOUS: Senator and
9 Mr. President, I am going to pinch-hit for
10 Senator Skelos. And, Mr. President and Senator,
11 I'll do the best I can. But as you know, in
12 baseball sometimes pinch hitters strike out and
13 sometimes they get hits. So I'm try to get a hit
14 here.
15 ACTING PRESIDENT GALLIVAN: Senator
16 Libous for an explanation.
17 SENATOR LIBOUS: I believe the bill
18 extends bonding authority for the City of
19 Long Beach to offset expenses that were not
20 covered under Hurricane Sandy.
21 SENATOR STAVISKY: If the Senator
22 would yield for a number of questions.
23 SENATOR LIBOUS: I'll be happy to
24 do the best I can.
25 SENATOR STAVISKY: You did such a
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1 great job at the end of session describing, you
2 remember that, the tennis center, that I have
3 great faith that you will --
4 SENATOR LIBOUS: Senator Avella was
5 egging me on, I think.
6 (Laughter.)
7 SENATOR STAVISKY: This bill was
8 introduced in 2012 as well. How do the two bills
9 differ?
10 SENATOR LIBOUS: Mr. President,
11 I'll answer there was an issue with the last
12 legislation as far as the timing of the bonding.
13 And I believe this piece of legislation clears
14 that up.
15 SENATOR STAVISKY: Let me rephrase
16 my question to give you a hint.
17 Didn't the 2012 bill include bonding
18 for a larger amount, for $15 million, but also to
19 help pay off some of the debts that had been
20 incurred, whereas the 2013 bill --
21 SENATOR LIBOUS: Mr. President, the
22 Senator is correct.
23 SENATOR STAVISKY: But the 2013
24 bill was to remedy some of the effects of
25 Hurricane Sandy.
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1 SENATOR LIBOUS: That's correct,
2 Mr. President.
3 SENATOR STAVISKY: Would the
4 Senator continue to yield.
5 SENATOR LIBOUS: I would.
6 SENATOR STAVISKY: There was a
7 report by the Comptroller in July of 2013 which
8 was a supplement of previous audits that had been
9 done where the fiscal status, the fiscal
10 situation in the City of Long Beach had been
11 called into question. And by 2013, in July, the
12 Comptroller found many improvements.
13 Have you seen the Comptroller's
14 report?
15 SENATOR LIBOUS: Mr. President, I
16 haven't, but I'm sure the sponsor of the bill
17 has.
18 SENATOR STAVISKY: In fact, if the
19 Senator would continue to yield.
20 SENATOR LIBOUS: I'll continue to
21 yield, yes.
22 SENATOR STAVISKY: The Comptroller
23 issued a press release at the time which said
24 "Long Beach faces fiscal challenges but moving in
25 right direction."
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1 Would you say that the City of
2 Long Beach has improved its attempt to reduce
3 some of the expenses that -- where the
4 Comptroller had criticized the city in previous
5 audits?
6 SENATOR LIBOUS: Mr. President, I
7 believe I can try to answer that.
8 According to the city, the note that
9 I have here, they no longer are operating at a
10 deficit. It's raised real property taxes in 2012
11 by 16 percent -- I almost choke to say that --
12 and dedicating the revenues to the deficit.
13 SENATOR STAVISKY: Thank you,
14 Senator. And just a couple of additional
15 questions.
16 SENATOR LIBOUS: Sure.
17 SENATOR STAVISKY: Are you familiar
18 with Moody's and their bond rating of the City of
19 Long Beach?
20 SENATOR LIBOUS: Mr. President,
21 having been a former banker, I am very familiar
22 with Moody's, but not in particular with the City
23 of Long Beach.
24 SENATOR STAVISKY: Well, they had
25 indicated that -- they had rated the City of
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1 Long Beach bonds at BAA3, and they said that they
2 were stable. Would you consider the finances to
3 be in a stable condition?
4 SENATOR LIBOUS: I would give my
5 opinion, Mr. President, and that I think that
6 there are probably a number of cities these days
7 that are even in worse than a B rating. So I
8 would say that it was -- stable is probably a
9 fair assessment, maybe.
10 SENATOR STAVISKY: And one last
11 area, if the Senator would yield.
12 SENATOR LIBOUS: I will be happy
13 to, Mr. President.
14 SENATOR STAVISKY: What is going to
15 be used to secure the bonds? Nassau County, in
16 their NIFA bonds, they used the sales tax. These
17 are serial bonds, bonds with bond anticipation
18 notes. But what is going to be behind -- what
19 security is there for the bonds?
20 SENATOR LIBOUS: Mr. President, the
21 senator asks a good question. I don't know the
22 direct answer to that. I could make an
23 assumption that it would be paid out of general
24 tax revenues, but I don't -- Senator, I honestly
25 don't know, and therefore I don't want to give
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1 you an incorrect answer. But normally bonds are
2 backed by some sort of a revenue stream.
3 SENATOR STAVISKY: It is not in the
4 bill. It simply says serial bonds.
5 All right, let me just talk on the
6 bill very briefly.
7 ACTING PRESIDENT GALLIVAN: Senator
8 Stavisky on the bill.
9 SENATOR STAVISKY: Thank you,
10 Senator. Thank you.
11 SENATOR LIBOUS: How did I do as a
12 pinch hitter?
13 SENATOR STAVISKY: We'll know after
14 the vote.
15 (Laughter.)
16 ACTING PRESIDENT GALLIVAN: Senator
17 Stavisky.
18 SENATOR STAVISKY: If this is part
19 of the core curriculum test, this is not a
20 high-stakes test.
21 I have a number of concerns with the
22 bill. Number one, increasing the debt for the
23 City of Long Beach.
24 Nassau County has issued bonds where
25 presently, or the last numbers that I saw, about
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1 13.5 percent of the Nassau County budget is debt
2 service. And that is a dangerous area. Senator
3 Skelos, the sponsor of the bill, a number of
4 years ago raised these same questions. In 2012,
5 same questions.
6 But I'm going to vote for the bill,
7 and let me tell you why. I believe that the City
8 of Long Beach has the right to make its own
9 self-determination, the same way as the City of
10 Buffalo or the City of Rochester or the City of
11 Poughkeepsie. These municipalities have the
12 right to determine their destiny, and so does the
13 City of New York.
14 And therefore, it seems to me that
15 Long Beach should decide -- if they choose to
16 borrow, and it's up to $12 million, they should
17 have that right also.
18 So I vote aye, Mr. President.
19 ACTING PRESIDENT GALLIVAN: Are
20 there any other Senators wishing to be heard?
21 Seeing none, the debate is closed.
22 The Secretary will ring the bell.
23 SENATOR LIBOUS: Mr. President,
24 while we're waiting for members to come to the
25 chamber, I just want to mention that there is a
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1 Health, I believe, Committee hearing taking
2 place.
3 Therefore, for those members,
4 Rule 10 will come into effect, and they would
5 just need to let the desk know and fill out the
6 proper form before the end of the day.
7 ACTING PRESIDENT GALLIVAN: Thank
8 you, Senator Libous.
9 SENATOR LIBOUS: Health and
10 Finance. Whoever is at the committee meeting.
11 ACTING PRESIDENT GALLIVAN: Read
12 the last section.
13 THE SENATOR: Section 4. This act
14 shall take effect immediately.
15 ACTING PRESIDENT GALLIVAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GALLIVAN: Senator
19 Perkins.
20 SENATOR PERKINS: I'd like to
21 explain my vote.
22 ACTING PRESIDENT GALLIVAN: Senator
23 Perkins to explain his vote.
24 SENATOR PERKINS: I rise today to
25 support the constitutionally protected right of
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1 home rule.
2 I recognize and support
3 Senator Skelos in his desire to serve the
4 specific needs of residents of Long Beach, who
5 are still recovering from the wrath of
6 Superstorm Sandy and have exercised a local
7 option to incur long-term indebtedness to pay for
8 necessary post-storm recovery expenses with all
9 due speed.
10 There is a clear parallel here as it
11 relates to this body and this legislative session
12 in the form of the people of New York City and
13 the local government of New York City exercising
14 their inviolable right to establish local policy
15 and priorities.
16 The issue of universal pre-K and the
17 comprehensive plan to fund it in a fiscally sound
18 and fundamentally equitable manner is a singular
19 priority of mine and many of my colleagues, of
20 the City Council and the Mayor of New York City,
21 and most importantly of the children and families
22 across the five boroughs.
23 Senator Skelos, I stand with you
24 today and the residents of Long Beach in your
25 collective moment of need, and I invite you to
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1 stand with the residents of New York City when
2 they speak in one voice on a matter of vital and
3 critical importance.
4 I vote aye.
5 ACTING PRESIDENT GALLIVAN: Senator
6 Perkins in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 54.
9 ACTING PRESIDENT GALLIVAN: The
10 bill is passed.
11 SENATOR LIBOUS: Mr. President, is
12 there any further business at the desk?
13 ACTING PRESIDENT GALLIVAN: There
14 is no further business at the desk,
15 Senator Libous.
16 SENATOR LIBOUS: Thank you,
17 Mr. President.
18 There being no further business at
19 the desk, I move that the Senate adjourn until
20 Tuesday, February 4th, at 3:00 p.m.
21 ACTING PRESIDENT GALLIVAN: On
22 motion, the Senate stands adjourned until
23 Tuesday, February 4th, at 3:00 p.m.
24 (Whereupon, at 3:53 p.m., the Senate
25 adjourned.)