Regular Session - February 3, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 3, 2014

11                     3:35 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR PATRICK M. GALLIVAN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT 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.)