Regular Session - January 21, 2015
161
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 January 21, 2015
11 12:22 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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162
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask that we all bow our
11 heads in a moment of silent prayer and
12 reflection.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate,
18 Tuesday, January 20th, the Senate met pursuant
19 to adjournment. The Journal of Sunday,
20 January 18th, was read and approved. On motion,
21 Senate adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal stands approved as read.
24 Presentation of petitions.
25 Messages from the Assembly.
163
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator LaValle.
8 SENATOR LaVALLE: Mr. President,
9 on behalf of Senator Marcellino, on page
10 number 4 I offer the following amendments to
11 Calendar Number 11, Senate Print Number 1314,
12 and ask that said bill retain its place on the
13 Third Reading Calendar.
14 ACTING PRESIDENT GRIFFO: The
15 amendments are received, and the bill shall
16 retain its place on Third Reading.
17 SENATOR LaVALLE: Mr. President, I
18 move that the following bill be discharged from
19 its respective committee and be recommitted with
20 instructions to strike the enacting clause.
21 That's Senate 1482, on behalf of myself.
22 ACTING PRESIDENT GRIFFO: It is so
23 ordered.
24 Senator LaValle.
25 SENATOR LaVALLE: Mr. President,
164
1 pursuant to Rule 8, Section C, Senator Skelos
2 hands up the following alternate committee
3 members for January 21, 2015, and asks that such
4 assignments be filed with the Journal.
5 ACTING PRESIDENT GRIFFO: So
6 ordered and so filed.
7 Senator LaValle.
8 SENATOR LaVALLE: There will be an
9 immediate meeting of the Rules Committee in
10 Room 332.
11 ACTING PRESIDENT GRIFFO: There
12 will be an immediate meeting of the Rules
13 Committee in Room 332.
14 Senator LaValle, will we continue
15 with resolutions and introductions?
16 SENATOR LaVALLE: Mr. President,
17 with unanimous consent, I'd like to recognize
18 Senator Espaillat to address the body.
19 ACTING PRESIDENT GRIFFO: Without
20 objection, Senator Espaillat will be recognized.
21 However, I'd ask everyone to move
22 quietly to -- the members of the Rules Committee
23 who will be meeting in Room 332.
24 I'd ask the chamber to please come
25 to order for the purposes of recognizing
165
1 Senator Espaillat.
2 Senator Espaillat.
3 SENATOR ESPAILLAT: Thank you,
4 Mr. President. I rise to welcome a group of
5 distinguished New Yorkers that are here today
6 with us once again. Every year for the last
7 18 years, they come before us, the State
8 Legislature, to recognize Juan Pablo Duarte, who
9 was the founding member of the Dominican
10 Republic. He's our founding father. And today
11 they celebrate his legacy. And also this week
12 they've held events throughout the City of
13 New York and the State of New York recognizing
14 the legacy of Juan Pablo Duarte. And this
15 initiates Dominican Heritage Month, which starts
16 in February. And they come every year.
17 We have with us Cesar Romero, who is
18 the president of the Instituto Duartiano. He's
19 with us today. Also from the Dominican General
20 Consul, we have two vice-consuls, Gregorio Malena
21 and Nelson Pimentel. And also three other
22 members of the Instituto Duartiano: Teresa
23 Cuevas, Felix Grant, and Ramona Terrero-Santos.
24 So they come every year. We have a
25 resolution on the floor recognizing this
166
1 important event, the 202nd anniversary of
2 Juan Pablo Duarte Day here in New York State. So
3 thank you, Mr. President, for allowing me to
4 introduce them, and I hope that they are extended
5 the courtesies of this house.
6 Thank you so much.
7 ACTING PRESIDENT GRIFFO: Thank
8 you, Senator Espaillat.
9 Senator Díaz.
10 SENATOR DIAZ: Thank you,
11 Mr. President.
12 I rise just to join my colleague
13 Senator Espaillat in welcoming my friends from
14 the Dominican Republic and the president of the
15 Instituto Duartiano, Mr. Cesar Romero, and Teresa
16 Cuevas, Felix Grant, and Ramona Terrero-Santos,
17 Gregorio Malena, and Nelson Pimentel.
18 These are leaders of the community,
19 these are members of our community that have
20 distinguished themselves fighting and creating
21 and maintaining the Dominican culture in our
22 state and our city. Today I'm honored to welcome
23 them and honored to join Senator Espaillat.
24 And by the way, I don't know if you
25 know that the new census, the new census says
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1 that more Dominicans reside now in the Bronx than
2 in Manhattan. So on behalf of the people of the
3 Bronx and the residents of the 32nd Senatorial
4 District that I represent, I welcome them. And
5 knowing that from now on the big family of the
6 Bronx is now the Bronx salsarengue, they call it.
7 The Bronx is now the county of the salsa and the
8 merengue, calling it salsarengue.
9 So {in Spanish}.
10 ACTING PRESIDENT GRIFFO: Is there
11 any other member that wishes to speak?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: Well, we
14 want to thank Senator Espaillat and we want to
15 extend our warmest courtesies to the members of
16 the Dominican delegation that are here from the
17 consul general's office, from the institute.
18 Thank you so much for being here
19 today. We appreciate your presence, and we
20 welcome you to these chambers. Bienvenido.
21 (Applause.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Skelos.
24 SENATOR SKELOS: Mr. President, if
25 we could stand at ease pending the return of the
168
1 Rules Committee.
2 ACTING PRESIDENT GRIFFO: The
3 Senate will stand at ease pending the return of
4 the Rules Committee.
5 (Whereupon, the Senate stood at ease
6 at 12:29 p.m.)
7 (Whereupon, the Senate reconvened at
8 12:52 p.m.)
9 ACTING PRESIDENT GRIFFO: The
10 Senate will come to order.
11 Senator LaValle.
12 SENATOR LaVALLE: Mr. President,
13 may we return to reports of standing committees.
14 ACTING PRESIDENT GRIFFO: We will
15 return to reports of standing committees.
16 Senator LaValle.
17 SENATOR LaVALLE: I believe there's
18 a report of the Rules Committee at the desk.
19 ACTING PRESIDENT GRIFFO: There is
20 a report of the Rules Committee before the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Skelos,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 1172, by Senator
169
1 Seward, an act to amend Chapter 324 of the Laws
2 of 2014;
3 Senate 1514, by Senator Griffo, an
4 act to amend the Social Services Law;
5 Senate 1515, by Senator Nozzolio, an
6 act to amend the Education Law;
7 Senate 1516, by Senator Griffo, an
8 act to amend the General Business Law;
9 Senate 1517, by Senator Felder, an
10 act to amend the Social Services Law;
11 Senate 1518, by Senator Felder, an
12 act to amend the Social Services Law;
13 Senate 1519, by Senator Gallivan, an
14 act to amend Chapter 329 of the Laws of 2009;
15 Senate 1692, by Senator Ortt, an act
16 to amend Chapter 332 of the Laws of 2014;
17 Senate 1693, by Senator Hannon, an
18 act to amend the Public Health Law;
19 Senate 1694, by Senator Ranzenhofer,
20 an act to amend Chapter 439 of the Laws of 2008;
21 Senate 1695, by Senator Marchione,
22 an act to amend Chapter 429 of the Laws of 2014;
23 Senate 1697, by Senator Griffo, an
24 act to amend the General Business Law;
25 Senate 1698, by Senator Ranzenhofer,
170
1 an act to amend Chapter 154 of the Laws of 1921;
2 Senate 1790, by Senator Seward, an
3 act to amend the Real Property Tax Law;
4 Senate 1806, by Senator Ortt, an act
5 to amend the Executive Law;
6 Senate 1807, by Senator Gallivan, an
7 act to amend the Executive Law;
8 Senate 1808, by Senator Griffo, an
9 act to amend the Banking Law;
10 Senate 1809, by Senator Valesky, an
11 act to amend the Agriculture and Markets Law;
12 Senate 1810, by Senator Valesky, an
13 act to amend the Agriculture and Markets Law;
14 And Senate 1976, by Senator Golden,
15 an act to amend the Tax Law.
16 All bills reported direct to third
17 reading.
18 ACTING PRESIDENT GRIFFO: Senator
19 LaValle.
20 SENATOR LaVALLE: Mr. President, I
21 move we accept the report of the Rules Committee.
22 ACTING PRESIDENT GRIFFO: The Rules
23 Committee report is the before the house. All in
24 favor signify by saying aye.
25 (Response of "Aye.")
171
1 ACTING PRESIDENT GRIFFO: Opposed?
2 (No response.)
3 ACTING PRESIDENT GRIFFO: The
4 report is accepted.
5 Senator LaValle.
6 SENATOR LaVALLE: Mr. President, on
7 the noncontroversial calendar I'd like to bring
8 up Calendar Number 17, by Senator Golden,
9 Senate Print 1976.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will read Calendar Number 17, Bill
12 1976. The Secretary will read.
13 THE SECRETARY: Calendar Number 17,
14 by Senator Golden, Senate Print 1976, an act to
15 amend the Tax Law.
16 SENATOR GIANARIS: Lay it aside.
17 ACTING PRESIDENT GRIFFO: Lay it
18 aside.
19 Senator LaValle, that completes the
20 request of the reading noncontroversially of Bill
21 Number 1976.
22 SENATOR LaVALLE: Mr. President,
23 can we now move forward with the controversial
24 reading of Calendar Number 17 by Senator Golden.
25 ACTING PRESIDENT GRIFFO: The
172
1 Secretary will ring the bell.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number 17,
4 by Senator Golden, Senate Print 1976, an act to
5 amend the Tax Law.
6 ACTING PRESIDENT GRIFFO: Senator
7 Gianaris, why do you rise?
8 SENATOR GIANARIS: Mr. President, I
9 believe there's an amendment at the desk. I ask
10 that the reading of the amendment be waived and
11 that I may be heard on the amendment.
12 ACTING PRESIDENT GRIFFO: Senator
13 Gianaris, there is an amendment before the desk.
14 Upon review of the amendment, in accordance with
15 Rule 6-4(b), I rule the amendment nongermane.
16 SENATOR GIANARIS: Mr. President,
17 I'd like to appeal the decision of the chair and
18 ask that I be heard on the appeal.
19 ACTING PRESIDENT GRIFFO: Senator
20 Gianaris, you may be heard on the appeal of the
21 chair.
22 SENATOR GIANARIS: Thank you,
23 Mr. President.
24 The amendment I'm putting forth is
25 directly germane to the underlying bill because
173
1 it deals with the critical issue of funding our
2 schools. And the bill put forward by Senator
3 Golden would provide public monies for private
4 schools, charter schools, as well as other
5 institutions, but our public schools have been
6 suffering due to being starved of funding over
7 the last several years due to the Gap Elimination
8 Adjustment.
9 This amendment would repeal the Gap
10 Elimination Adjustment, thus providing an extra
11 billion dollars of funding to our public schools
12 so that they will not be harmed if and when
13 Senator Golden's proposal gets enacted by having
14 public monies diverted to private institutions.
15 I don't think there's a member in
16 this chamber who is not familiar with the needs
17 of our school districts and the fact that they've
18 been damaged by lack of funding. There is a CFE
19 decision that has been hovering over this state
20 for many years that has yet to be adhered to in
21 the budgets that we have been passing.
22 And so, Mr. President, I believe
23 that this is germane because it deals directly
24 with the issue we're dealing with today. It
25 would provide our public schools with the funding
174
1 they do need so that we can then adequately
2 consider whether to also provide public monies
3 for other institutions of learning.
4 Thank you, Mr. President.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Senator Gianaris.
7 The vote will be on the ruling of
8 the chair, a procedural vote. So all those in
9 favor of overruling the chair signify by saying
10 aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GRIFFO: Opposed?
13 Senator Gianaris.
14 SENATOR GIANARIS: Show of hands,
15 please.
16 ACTING PRESIDENT GRIFFO: May we
17 have a show of hands of those who favor
18 overruling the chair.
19 (Show of hands.)
20 ACTING PRESIDENT GRIFFO:
21 Mr. Secretary?
22 THE SECRETARY: Ayes, 23.
23 ACTING PRESIDENT GRIFFO: The
24 ruling of the chair stands.
25 The bill before the house is
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1 Calendar Number 17. The Secretary will read the
2 last section.
3 THE SECRETARY: Section 12. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Krueger.
10 SENATOR KRUEGER: I'm sorry, I
11 would like the sponsor to yield to some
12 questions, please, Mr. President.
13 ACTING PRESIDENT GRIFFO: Sorry,
14 Senator Krueger, we will allow that.
15 Senator Krueger has the floor.
16 SENATOR KRUEGER: Will the sponsor
17 yield?
18 ACTING PRESIDENT GRIFFO: Senator
19 Golden, do you yield?
20 SENATOR GOLDEN: Yes, I do,
21 Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Krueger.
24 SENATOR KRUEGER: Thank you,
25 Mr. President.
176
1 SENATOR LaVALLE: Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 LaValle, why do you rise?
4 SENATOR LaVALLE: I think if we
5 need to go forward, we would have to withdraw the
6 roll call. We were on a roll call.
7 ACTING PRESIDENT GRIFFO: Yes,
8 Senator LaValle, that is accurate. Sorry for
9 that. We had some issue at the desk.
10 So we'll withdraw the roll call.
11 And the bill is before the house controversial.
12 Senator Krueger has the floor. She's asked
13 Senator Golden to yield. Senator Golden has
14 agreed to yield.
15 Senator Krueger.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 If the sponsor could tell me how
19 much this would cost the state in the following
20 three years, I believe it's 2016, 2017, and 2018.
21 SENATOR GOLDEN: I believe the bill
22 is structured as a tax credit, and the tax credit
23 would cost approximately $150 million the first
24 year, $225 million the second, and in the last
25 year $300 million.
177
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor would continue to
3 yield.
4 SENATOR GOLDEN: I do,
5 Mr. President.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR KRUEGER: Thank you.
9 So we have a bill that will cost us
10 well over $600 million or perhaps $700 million
11 over three years. Unlike other tax credits, how
12 will you apply to get this tax credit? Do you
13 simply file your taxes and check off a box on
14 your taxes?
15 SENATOR GOLDEN: They would have to
16 file an application with Tax & Finance, and that
17 would be the start of the tax credit. And that's
18 what makes this different than the other tax
19 credits.
20 SENATOR KRUEGER: Through you,
21 Mr. President, if the sponsor would continue to
22 yield.
23 ACTING PRESIDENT GRIFFO: The
24 sponsor yields.
25 SENATOR GOLDEN: Yes.
178
1 SENATOR KRUEGER: What criteria
2 does Tax & Finance use to decide Liz who's
3 applied can get a tax credit, but Marty who's
4 applied can't get a tax credit? What's the
5 process there?
6 SENATOR GOLDEN: In the first
7 month, January, all the applications would be
8 submitted. And there are two phases. That would
9 be Phase 1. Phase 2 would be February through
10 December 31. Phase 1 would have to be notified
11 that they've received the tax credit by
12 February 20th. After February 1st, they would be
13 notified within five business days.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor would continue to
16 yield.
17 SENATOR GOLDEN: I do.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR KRUEGER: So it's a first
21 come, first serve? Or is there a basis for Tax &
22 Finance to say no? Or is it the biggest get or
23 the littlest get? How is that determined?
24 SENATOR GOLDEN: It would be first
25 come, first serve, except for the first month.
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1 And if the first month it exceeded the cap, then
2 they would be prorated.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor will continue to
5 yield.
6 SENATOR GOLDEN: I do.
7 ACTING PRESIDENT GRIFFO: The
8 sponsor yields.
9 SENATOR KRUEGER: Thank you.
10 So this bill seems to differ from
11 earlier versions in that it is not a committee or
12 organization authorized by the state or through
13 the Regents who determine what these monies are
14 used for. Will the sponsor please explain to me
15 what the process will be for -- let's say Liz
16 gets a tax credit -- for Liz deciding where that
17 money goes?
18 SENATOR GOLDEN: The DTF would,
19 upon notification to the person applying for the
20 tax credit, would be sending that tax credit to
21 the school, whether it would be a public or
22 private or parochial school, and they would be
23 notified that that has been accepted. That could
24 go to a public school, a public school district,
25 school improvement organization, local education
180
1 funds, or the educational scholarship
2 organizations, who would make the determinations
3 on how that money would be spent.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor would continue to
6 yield.
7 SENATOR GOLDEN: I do,
8 Mr. President.
9 ACTING PRESIDENT GRIFFO: The
10 sponsor yields.
11 SENATOR KRUEGER: So the taxpayer
12 getting approved for the credit doesn't determine
13 what school or what purpose this tax credit is
14 used for?
15 SENATOR GOLDEN: When they make
16 their application to Department of Tax & Finance,
17 they appropriately mention which group they would
18 want to send that money to -- which school, which
19 district, which educational scholarship
20 organization, which local education fund, and
21 what school improvement organization.
22 SENATOR KRUEGER: Through you,
23 Mr. President, if the sponsor would continue to
24 yield.
25 SENATOR GOLDEN: I do,
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1 Mr. President.
2 ACTING PRESIDENT GRIFFO: The
3 sponsor yields.
4 SENATOR KRUEGER: So the taxpayer
5 can get permission to not pay taxes but to take
6 that amount of money and say where they would
7 wish that to go, and then through that
8 organization it gets sent to that school, that
9 scholarship fund, that educational activity; is
10 that correct?
11 SENATOR GOLDEN: That's the same
12 way credits work now, yes, Mr. President.
13 SENATOR KRUEGER: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 SENATOR GOLDEN: I do,
17 Mr. President.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR KRUEGER: Your response was
21 that's the way credits work now. What credit
22 model do we have in law in New York State that
23 works like that now?
24 SENATOR GOLDEN: -- makes a
25 determination on how those tax monies are going
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1 to be spent and other organizations as well.
2 SENATOR KRUEGER: Through you,
3 Mr. President, perhaps I didn't understand. What
4 agency now determines where your preapproved tax
5 credit is being sent, under current law?
6 SENATOR GOLDEN: There is none.
7 There is none that's -- where it is actually --
8 you have the Economic Development, which makes
9 determinations as to where that money will be
10 spent going forward. This is a tax credit from
11 an individual or a corporation. That money is
12 given to Department of Tax -- the application is
13 made to the Department of Tax & Finance, and they
14 will send that application to the school, school
15 district improvement organization, or the local
16 education fund or educational scholarship
17 organization. And the Excelsior credits work
18 like that as well.
19 SENATOR KRUEGER: Through you,
20 Mr. President, if the sponsor would continue to
21 yield.
22 SENATOR GOLDEN: Yes, I do,
23 Mr. President.
24 ACTING PRESIDENT GRIFFO: The
25 sponsor yields.
183
1 SENATOR KRUEGER: Thank you.
2 How large a credit might an
3 individual, a corporation or an LLC be eligible
4 for under this law per year?
5 SENATOR GOLDEN: Up to a million
6 dollars for a corporation, minus 10 percent for
7 costs.
8 SENATOR KRUEGER: Sorry, I didn't
9 hear him, excuse me. Minus 10 percent --
10 ACTING PRESIDENT GRIFFO: Would you
11 repeat that, Senator Golden?
12 SENATOR GOLDEN: Up to a million
13 dollars, which would be a million-one. There
14 is -- the million would go for the tax credit and
15 10 percent would be used for administration.
16 SENATOR KRUEGER: Through you,
17 Mr. President, I just want to make sure I'm
18 reading the bill right. The way I read the bill,
19 it can be up to a million dollar tax credit but
20 no more than 90 percent of what you actually owe
21 the state. Am I reading it correctly or
22 incorrectly?
23 SENATOR GOLDEN: Yes, you are
24 reading it correctly, Senator Krueger.
25 SENATOR KRUEGER: Thank you. And
184
1 through you, Mr. President, if the sponsor would
2 continue to yield.
3 SENATOR GOLDEN: Yes, I do,
4 Mr. President.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR KRUEGER: And it's
8 regardless of whether I'm an individual or a
9 corporation or an LLC, the same rule would apply?
10 SENATOR GOLDEN: Yes.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would continue to
13 yield.
14 SENATOR GOLDEN: Yes,
15 Mr. President.
16 ACTING PRESIDENT GRIFFO: The
17 sponsor yields.
18 SENATOR KRUEGER: And the sponsor
19 answered a question that I hadn't asked yet, but
20 perhaps he was reading my mind, when he talked
21 about $1.1 million. Is he referencing a
22 calculation of the fact that when you get a
23 million-dollar tax deduction, 100 percent tax
24 deduction in New York State, the way this bill is
25 written you would even get a kickback back from
185
1 the federal government to increase the value of
2 your tax deduction above and beyond the
3 $1 million? Does the sponsor agree with me on
4 that analysis?
5 SENATOR GOLDEN: This is a state
6 tax return, which has nothing to do with the
7 federal tax return. There is -- it's a
8 nonrefundable tax credit.
9 SENATOR KRUEGER: Through you,
10 Mr. President, if the sponsor would continue to
11 yield.
12 SENATOR GOLDEN: I do,
13 Mr. President.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: So when the
17 sponsor earlier said the $1.1 million, what did
18 he mean?
19 SENATOR GOLDEN: Ninety percent of
20 1.1 million is 1 million.
21 SENATOR KRUEGER: Through you,
22 Mr. President, if the sponsor would continue to
23 yield.
24 SENATOR GOLDEN: Yes,
25 Mr. President.
186
1 ACTING PRESIDENT GRIFFO: The
2 sponsor yields.
3 SENATOR KRUEGER: Thank you.
4 It is correct this is a state bill.
5 But would the sponsor agree with me that the way
6 the federal charitable deductions are calculated,
7 you could also be eligible to apply this for
8 federal deductions as if it is a charitable
9 contribution even though it is a 100 percent tax
10 credit?
11 SENATOR GOLDEN: No, they would
12 have to add that back, Mr. President, at the
13 state level, and they would not be able to
14 double-dip, if that is the question.
15 SENATOR KRUEGER: Through you,
16 Mr. President, if the sponsor would continue to
17 yield.
18 SENATOR GOLDEN: I do,
19 Mr. President.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR KRUEGER: So actually I
23 think it's two questions. And thank you,
24 sponsor, for answering the next follow-up
25 question.
187
1 So I actually believe that the way
2 this is designed, you could actually draw down a
3 federal reimbursement on giving the tax credit
4 money to this educational entity such that on
5 your million-dollar contribution, up to
6 90 percent of your total's tax bill in the state,
7 you would also get federal money back, making
8 your contribution worth up to $1.1 million to
9 you.
10 But I believe that the sponsor's
11 last answer was to the next question. He must
12 have my questions in advance. Previous versions
13 of this bill deny the taxpayer's ability to claim
14 both a New York State itemized deduction and a
15 New York State tax credit simultaneously when
16 filing their return, so the taxpayer could only
17 claim either the credit or an itemized charitable
18 deduction, but not both.
19 Where in this bill does it prevent
20 the double-dipping? Can I get the citation of
21 the section of the bill that would prevent that
22 double-dipping?
23 SENATOR GOLDEN: The Department of
24 Taxation & Finance would deny that.
25 SENATOR KRUEGER: Through you,
188
1 Mr. President, if the sponsor would continue to
2 yield.
3 SENATOR GOLDEN: Yes,
4 Mr. President.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR KRUEGER: They would only
8 deny it if there's a section of this bill saying
9 it can't be done both ways. Can I find the
10 reference in the bill language that says you may
11 not take both credits?
12 SENATOR GOLDEN: Section 8,
13 Senator Krueger.
14 (Pause.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Krueger?
17 SENATOR KRUEGER: I'm just reading
18 Section 8. "The amount of any federal deduction
19 for contributions made for which a taxpayer
20 claims a credit." That's federal deduction,
21 Mr. President.
22 To clarify my question, what in this
23 law prevents you from counting it twice in your
24 state taxes?
25 SENATOR GOLDEN: In both Section 3
189
1 and Section 8, the federal deduction is added
2 back to the state.
3 SENATOR KRUEGER: I'm just looking
4 for section 3, Mr. President.
5 Through you, Mr. President, that
6 section also references federal tax code and the
7 IRS. So my question is for state tax purposes,
8 what would prevent you from double-dipping to
9 claim it as a credit under this law and also as a
10 charitable deduction under New York State
11 charitable deduction law?
12 SENATOR GOLDEN: It reads as it is
13 in the document. You have to add back the
14 federal deduction. I can't make it -- it's right
15 there in black and white.
16 SENATOR KRUEGER: Through you,
17 Mr. President. The federal law --
18 ACTING PRESIDENT GRIFFO: Senator
19 Krueger, are you on the bill or are you still
20 asking questions?
21 SENATOR KRUEGER: I think I'm on
22 the bill. I'll go back to questions, thank you.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger on the bill.
25 SENATOR KRUEGER: Under federal tax
190
1 law, there are various deductions you are allowed
2 to take. Under state tax law, there are various
3 deductions you are allowed to take. I agree with
4 the sponsor, in these two sections it references
5 what you can and cannot do vis-a-vis applying it
6 with your federal taxes. But my question was
7 where is the section of this bill that prevents
8 you from simultaneously claiming this new credit
9 and also itemizing it for charitable deduction
10 purposes under New York State charitable
11 deduction law? There may be many examples where
12 the feds do or don't let you do something and the
13 state does or doesn't let you do something under
14 our tax obligation law.
15 Through you, Mr. President, having
16 clarified, may I ask the sponsor again to yield?
17 ACTING PRESIDENT GRIFFO: Senator
18 Golden, do you yield?
19 SENATOR GOLDEN: If I can, I will
20 gladly yield. But the federal tax is added back
21 to the state -- to the federal -- they're not
22 allowed to get both deductions. And it's obvious
23 in the bill. And that's the way it is, that we
24 start with the federal tax, then we go to the
25 state tax. Federal tax takes the deduction, you
191
1 get to the state tax, you will not be allowed to
2 take the federal and the state at the same time.
3 Yes, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger.
6 SENATOR KRUEGER: Through you,
7 Mr. President, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT GRIFFO: The
10 sponsor yields.
11 SENATOR GOLDEN: I do.
12 SENATOR KRUEGER: So there's
13 discussion of this money being applied for
14 scholarships to various schools. What is the
15 income limit of a child receiving a scholarship
16 under this program?
17 SENATOR GOLDEN: Five hundred
18 thousand dollars, Mr. President.
19 SENATOR KRUEGER: Through you,
20 Mr. President. Do we know of any other programs
21 in New York State where you can take a
22 100 percent tax credit to -- a 100 percent
23 exemption to get a tax credit up to a
24 million dollars to give money to families who
25 have $500,000 in income? Can I have another
192
1 example from law?
2 SENATOR GOLDEN: Well, first of
3 all, Mr. President, if that's the question,
4 they're not giving it to families, they're giving
5 it to scholarship funds and to public school
6 districts. And those public school districts and
7 those scholarship funds are giving it out to the
8 individuals that attend those facilities.
9 Now, I got to tell you, I added
10 10,000 classroom seats into my district in the
11 past 10 years. And 10 years ago they told me
12 that I would be okay today. Well, guess what?
13 I'm still, in District 20, one of the most
14 severely overcrowded school districts in the
15 city. I don't have pre-K because I have no place
16 to put it.
17 Giving the options for people to
18 make these donations to our organizations gives
19 us the ability to reduce that overcrowding and to
20 get pre-K into my schools and to get them across
21 not just my district but across the districts
22 from Brooklyn to Buffalo.
23 And there are a number of
24 scholarships that are done up and down the State
25 of New York, whether it's the $16 million in the
193
1 Children's Scholarship Fund, which has a limit of
2 $31,000 in income for 211 different schools, or
3 if it's the Bison Fund in Buffalo, with 1900
4 scholarships, or if it's the Brooklyn-Queens
5 Diocese with 14,000 students, where 70 percent of
6 the households are below the poverty line and
7 93 percent are minority and 36 percent are
8 non-Catholic. It's remarkable what's going on
9 today in our Catholic schools with a 98 percent
10 graduation rate.
11 So we need to be able to reduce the
12 overcrowding, get pre-K that was so important to
13 all of us last year, it's definitely that
14 important this year. And when it came to
15 funding, I believe we funded the most money that
16 we've ever funded to city and state schools this
17 last year. And just in the city alone I think we
18 gave $340 million for pre-K, $400 million for
19 operating, another $108 million for after-school
20 programs, on top of everything that we have done
21 in the past, $22 billion.
22 So we believe that that is a good
23 credit, that million-dollar tax credit for the
24 so-called rich that you say, the corporations,
25 and the $500,000 limit on the individual child.
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1 SENATOR KRUEGER: Through you,
2 Mr. President, on the bill.
3 ACTING PRESIDENT GRIFFO: Senator
4 Krueger on the bill.
5 SENATOR KRUEGER: Well, I share the
6 sponsor's concern about the overcrowding in our
7 schools. I think my school district is still
8 rated the second most overcrowded in the City of
9 New York. We also don't have pre-K, and for a
10 while we had kindergarten wait lists. I think we
11 might have resolved that.
12 I agree we need more money for our
13 educational systems. I constantly argue for and
14 support more money for education. In fact, my
15 conference attempted to propose a billion dollars
16 additional money for education just today as an
17 amendment to this bill coming to the floor.
18 I don't believe the way to think
19 we're getting money to education is to give
20 enormous tax reductions and exemptions to the
21 wealthiest taxpayers and hope they'll direct them
22 to the neediest schools and the neediest
23 children. Because in fact research shows just
24 the opposite.
25 So basically we'll be allowing, over
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1 three years, $700 million that would otherwise
2 come to us as tax revenue and potentially be used
3 to address the concerns of education and
4 high-needs districts all over the State of
5 New York. We're taking that off our books so
6 that we can't spend it as the government is
7 supposed to determine the best use of tax dollars
8 are, and instead we're allowing I believe a
9 subuniverse of people who are the
10 highest-income -- because they're going to need
11 fancy tax accountants to make sure they get their
12 applications in in January-February and follow
13 up. This is not the kind of tax deduction
14 lower-income people get to take when they file
15 their taxes.
16 So we're going to allow the
17 wealthiest New Yorkers to reduce their tax bill
18 and to decide where they want to put the money,
19 at the price of the State of New York not having
20 $700 million over three years to provide for
21 public education.
22 This is a wolf in sheep's clothing.
23 I do support more money for education. I do
24 recognize charitable giving is an important thing
25 to support, ideologically and philosophically.
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1 We have significant tax deductibility in our tax
2 code, federal and state. But to jump from the
3 existing standard to up to a 100 percent
4 deduction for up to a million dollars to up to
5 90 percent of wiping out your tax bill, so that
6 you can decide where you want to put that money,
7 including charitable scholarships for families
8 who already have incomes up to $500,000
9 personally? That's not charitable giving.
10 That's tax avoidance, and allowing those with
11 excess resources to be allowed to determine where
12 tax money is going as opposed to the elected
13 representatives of the State of New York.
14 There is much we can do around the
15 issue of funding education in this Legislature
16 through the budget process, through our
17 prioritizing the need for additional funds in
18 high-needs areas of public education. There are
19 things we can do to address the educational needs
20 within the parochial school system as long as it
21 is done in a way that is not for religious
22 teaching and meets the constitutional test of
23 church and state separation.
24 There's far more we can do, much
25 better ways we can do it. I would urge my
197
1 colleagues do not vote for this bill.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Hoylman.
5 SENATOR HOYLMAN: On the bill.
6 ACTING PRESIDENT GRIFFO: Senator
7 Hoylman on the bill.
8 SENATOR HOYLMAN: You know,
9 Mr. President, one of our new colleagues asked
10 earlier today why there wasn't a hearing on this
11 bill before us. You'd think a bill this
12 momentous, important -- innovative, some might
13 argue -- would be worthy of a public hearing, a
14 discussion, a debate. But no.
15 So I ask, Mr. President, how we are
16 to expect the Governor or the other house to take
17 this legislation seriously if we haven't fully
18 vetted it.
19 And I oppose it, Mr. President,
20 basically for two fundamental reasons, because I
21 think it really undermines two great American
22 traditions. One is free universal public
23 education. And the second is I think this bill
24 skirts very dangerously to violating separation
25 of church and state.
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1 In terms of free universal public
2 education, I think it's pretty clear,
3 Mr. President, that this bill very well could
4 siphon off money from the General Fund that
5 arguably could be used in support of our
6 traditional public schools.
7 We heard earlier that the Campaign
8 for Fiscal Equity, that decision that said every
9 New York kid deserves, is entitled to a sound,
10 basic education, is $5 billion short. Five
11 billion dollars short. Yet we're planning new
12 tricks of the trade to siphon off that money and
13 make certain that those kids don't get that
14 $5 billion.
15 Secondly, you know, we as New
16 Yorkers should respect each of our religious
17 differences. But I'm under no obligation, nor is
18 anyone else here, to fund those differences. And
19 I think that's what this bill does.
20 Also, Mr. President, the bill
21 doesn't help poor families send their kids to
22 private schools or parochial schools or charter
23 schools, it helps the funders of those entities
24 out. And it helps those funders even if they're
25 corporations.
199
1 So let's call it what it is,
2 Mr. President. This is a corporate giveaway. If
3 you're an LLC, if you're an S corporation, you
4 can get that 100 percent tax credit if you donate
5 not just to a private school, not just to a
6 charter school, but also parochial schools.
7 And let's talk about the private
8 schools. You've got your Brearleys, you've got
9 your Trinitys. You've got Avenues, which is in
10 my district. Charges $40,000 a year for tuition,
11 40,000, one of the most expensive in the nation.
12 Well, if they set up the appropriate entity,
13 donors to that very, very expensive private
14 school could get a 100 percent tax break.
15 So, Mr. President, I think that the
16 incentives already exist in the federal and state
17 tax code. It's called a 501(C)(3) charitable
18 deduction. We're just permitting a lot of
19 corporations to double-dip, to give money away
20 that they should be reinvesting -- we should be
21 reinvesting into our traditional public schools.
22 So I'll be voting no.
23 ACTING PRESIDENT GRIFFO: Seeing
24 and hearing no other Senator that wishes --
25 Senator Rivera.
200
1 SENATOR RIVERA: Thank you,
2 Mr. President.
3 I want to thank Senator Krueger and
4 Senator Golden for having the discussion that we
5 had earlier on the floor --
6 ACTING PRESIDENT GRIFFO: Senator
7 Rivera, are you on the bill?
8 SENATOR RIVERA: I am on the bill,
9 yes, Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Rivera on the bill.
12 SENATOR RIVERA: So again, I want
13 to thank Senator Krueger and Senator Golden for
14 having the conversation that they had here on the
15 floor. To underline Senator Hoylman's point, we
16 should have had this discussion within a couple
17 of hearings, a conversation within the committee
18 itself, the Education Committee, which is where
19 this bill should have been considered, as opposed
20 to the Rules Committee and straight to the floor
21 very last minute.
22 I will be voting in the negative on
23 this bill, Mr. President, for many reasons. And
24 they have been pointed out by my colleagues, but
25 I will underline a few.
201
1 First of all, just to make sure that
2 this it is stated clearly and for the record so
3 that later on people might not accuse me of not
4 being supportive of schools that are parochial
5 schools and schools that serve some kids in my
6 district, unfortunately fewer and fewer, as there
7 are parochial schools that have closed in my
8 district in the last few years and some that
9 might close in the near future.
10 I support those kids. And I support
11 those parents and I support those schools. But
12 what we're seeing here is not something that is
13 going to help those schools. It certainly could.
14 It's a possibility. But when we look at the
15 details of the legislation, then we see that it
16 is only a possibility, it is only a hope, and
17 ultimately I believe it is a false hope. And
18 ultimately I believe that this is a voucher by
19 another name.
20 We're providing tax credits, which
21 are ultimately tax breaks, for wealthy
22 individuals that are going to choose where this
23 money goes. So, Senator Golden, I was very glad
24 to hear that you pointed out all the different
25 millions of dollars that potentially would go,
202
1 through this program, to public schools or other
2 types of schools in the City of New York. But we
3 have no guarantee of where that money is going to
4 go.
5 Furthermore, because we are taking
6 what amounts to $675 million over a three-year
7 period from the General Fund that could arguably
8 go to help some of the public schools that just
9 in my district in the Bronx serve 81 percent of
10 the students that are in the Bronx.
11 This is a problem. You're giving a
12 tax break, you're letting wealthy individuals
13 choose where this money goes. And ultimately
14 because of the way that it is structured, it
15 might potentially be an investment. You might
16 actually have individuals being able to put
17 money to take away some of their tax burden and
18 then be able to get some money back, while
19 millions of these dollars do not go to the kids
20 in my district. I cannot be supportive of this.
21 And as Senator Hoylman also pointed
22 out, we over the last couple of years -- I've
23 been in the Senate for four years, many of my
24 colleagues have been here for far longer -- have
25 been arguing for the Campaign for Fiscal Equity,
203
1 arguing that as the courts have ordered us, as a
2 state we owe billions of dollars to schools in
3 the City of New York, to millions of kids in the
4 City of New York which we have not made good on.
5 So as opposed to talking about how
6 we could actually put that money in there, which
7 is, by the way, what Senator Gianaris pointed out
8 in the amendment that he proposed, we're instead
9 saying let's take more money away from the
10 General Fund and create some sort of false hope
11 for schools that currently do not have funding
12 but potentially could maybe get this.
13 Lastly I will say because it is
14 capped, because we only are doing a certain
15 amount of it a year, as also has been pointed out
16 by my colleagues, some individuals, wealthy
17 individuals who have very good tax attorneys
18 working for them, will be able to line up first.
19 Certainly an individual that says I'm going to
20 give $250 and get a $250 credit, that person is
21 not going to get it because there are already
22 going to be people having hundreds of thousands
23 of dollars that are in front of them asking for
24 the tax credit from the state. And with
25 knowledge of how to get this tax credit.
204
1 So ultimately we are giving a tax
2 break to individuals -- and to corporations,
3 let's not forget -- that we're giving them a tax
4 break, we're taking money away from the
5 General Fund and ultimately not getting it to the
6 students that really need it. Which is certainly
7 the kids that I serve.
8 So it is unfortunate that we didn't
9 have the opportunity to discuss it more at length
10 in a committee meeting the way that we should.
11 But I am glad that we at least had this
12 conversation here, and I'm encouraging all of my
13 colleagues to consider all the facts that have
14 been brought about, and some that my colleagues
15 might bring about afterwards, and vote no on this
16 bill. I will be voting in the negative.
17 Thank you, Mr. President.
18 ACTING PRESIDENT GRIFFO: Senator
19 Sanders.
20 SENATOR SANDERS: Thank you,
21 Mr. President. On the bill.
22 ACTING PRESIDENT GRIFFO: Senator
23 Sanders on the bill.
24 SENATOR SANDERS: My colleagues
25 have spoken well on this bill, but there are one
205
1 or two issues that I'd like to raise.
2 A report was recently put out saying
3 that more than 50 percent of all of the kids
4 going to public school in this nation are now in
5 poverty. However, this bill does not attempt to
6 address those issues, I would argue. I would say
7 that this is more trickle-down tax policies that
8 will only aid the largest corporations, who have
9 the best lawyers, who can get to this money first
10 before anyone else does. And by the time that
11 any John Q. Public citizen comes up and says he
12 wants to do anything, that money is long gone.
13 This is also a type of false
14 philanthropy, where in true philanthropy you're
15 not really looking to get everything back, you're
16 not trying to, that's not your purpose. Your
17 purpose is to do good because it is good, instead
18 of to do good because it is good for your bottom
19 line, for your bank account.
20 We need to really replace the money
21 that we took out of the public school system
22 during the recession. During the recession, of
23 course we had to make hard decisions, and we took
24 billions away from the public school system. And
25 that has not been put back. As a matter of fact,
206
1 according to the New York State School Boards
2 Association, more than 50 percent of our school
3 districts are receiving less now than they had at
4 the beginning of the recession. So seemingly
5 before we take any more money out of the budget,
6 we need to put back what we took before.
7 New York State of course is not
8 complying with court orders that said we have to
9 defend the children and their education and make
10 sure it's fair. We're more than $5 billion
11 behind in that one. And we are a billion dollars
12 short in the Gap Elimination Adjustment fund.
13 Mr. President, there are far better
14 ways to aid even the religious schools, which I
15 believe should be aided according to the law, of
16 course. There are far better ways of doing this,
17 and this is not it. And perhaps if we had had
18 that discussion earlier that my colleagues had
19 been requesting, we would have found those ways.
20 So I too must vote no on such a
21 bill.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Seeing
24 and hearing no other Senator who wishes to be
25 heard, the debate is closed and the Secretary
207
1 will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 12. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Panepinto to explain his vote.
10 SENATOR PANEPINTO: Regarding this
11 bill, this bill in my opinion is nothing more
12 than a tax break for the rich and for LLCs and S
13 corporations. My daughters attend public school
14 in the City of Buffalo. City Honors School is
15 one of the top 10 public schools in the country.
16 They have a private foundation which I could
17 donate to under this bill. I own an LLC as a law
18 firm. We could write down, you know, $400,000 in
19 our state tax by giving to the City Honors
20 Foundation.
21 That's just not right. It's not
22 fair to the other kids in the Buffalo public
23 schools for my children alone and our school to
24 benefit because we've got an LLC that has
25 somebody that attends that school.
208
1 I'm voting in the negative, and I
2 encourage my colleagues to do so.
3 ACTING PRESIDENT GRIFFO: Senator
4 Panepinto to be recorded in the negative.
5 Senator Montgomery to explain her
6 vote.
7 I'm going to remind everyone of the
8 two-minute explanation period.
9 SENATOR MONTGOMERY: Absolutely.
10 ACTING PRESIDENT GRIFFO: Senator
11 Montgomery.
12 SENATOR MONTGOMERY: Thank you,
13 Mr. President. I rise to explain my vote.
14 I'm voting no on this legislation.
15 I sat in a school in my district on Saturday for
16 about two hours listening to parents, and that
17 auditorium where we were was freezing cold
18 because they had no heat. There are problems in
19 the building. And I listened to parents from
20 across that school district talk about some of
21 the issues in relationship to their schools.
22 And furthermore, none of those
23 parents -- nor does this bill cover individual
24 parents in terms of a tax credit. It's simply
25 only refers to corporations.
209
1 And so I am voting no on this, and I
2 hope that we can find a way to come up with the
3 kind of funding that is necessary to fix schools
4 like the one, P.S. 67, where I sat Saturday
5 listening to parents, and to actually have them
6 be eligible and be in the line for capital
7 funding and other funding that they so sorely
8 need.
9 I vote no, Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Montgomery to be recorded in the negative.
12 Senator Savino to explain her vote.
13 SENATOR SAVINO: Thank you,
14 Mr. President.
15 I'm voting in favor of this bill.
16 And I want to just briefly explain why I feel
17 that it is important that we pass the education
18 tax credit.
19 And by the way, for those of you who
20 have wondered why we didn't have a hearing on
21 this, this is not a new issue for this body. We
22 have passed this bill or supported this bill in
23 some way, shape or form for the past five years,
24 many of us in this chamber appearing at rallies
25 in support of it.
210
1 Now, I am proud to say that I am a
2 Catholic school girl. I never set foot in a
3 public school until I took a civil service test.
4 Kindergarten through university. I believe in
5 the Catholic school system.
6 But the narrative that is being put
7 forward that if you support parochial education
8 somehow you are opposed to public education is a
9 false one. I am just as strong a supporter of
10 public education as many of us in this room are.
11 This is not the choice.
12 But I just want those of you who are
13 new to this process to think about this. In the
14 past five years that this house and the Assembly
15 have been trying to figure out how do we pass an
16 education tax credit so that we can preserve
17 parochial and private education alongside our
18 thriving public school education, 75 Catholic
19 schools have closed in the archdiocese and the
20 Brooklyn-Queens diocese, 12 in Buffalo last year.
21 Those children are entitled to the
22 same due consideration that every other child is.
23 We need to find ways to preserve our private
24 parochial education system alongside our public
25 education system. We can do both. This is not a
211
1 choice between them. We all support all of our
2 kids.
3 And I will tell you, I vote on this
4 with a heavy heart. Because as I stand here, the
5 school that I went to in Astoria, it's in
6 Senator Gianaris's district, Most Precious Blood,
7 a school that my grandfather contributed money to
8 build and his name is on a plaque, is on the list
9 for closure. So I'm fighting the fight not just
10 for my own school that I went to but for every
11 other Catholic school girl in the state, and
12 every other yeshiva girl, and every other public
13 school student in the State of New York. We can
14 do right by all of our students.
15 Thank you, Mr. President.
16 ACTING PRESIDENT GRIFFO: Senator
17 Savino to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 17, those recorded in the negative are
21 Senators Breslin, Espaillat, Gianaris, Hamilton,
22 Hoylman, Krueger, Montgomery, Panepinto, Peralta,
23 Perkins, Rivera, Sanders, Serrano, Squadron and
24 Stavisky. Also Senator Comrie.
25 Ayes, 44. Nays, 16.
212
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 Senator LaValle.
4 SENATOR LaVALLE: Mr. President,
5 lay aside the rest of Calendar 3A.
6 ACTING PRESIDENT GRIFFO: The
7 remainder of Calendar 3A will be laid aside for
8 the day. Lay it aside.
9 SENATOR LaVALLE: Before I make a
10 motion, just an announcement.
11 ACTING PRESIDENT GRIFFO: Can I
12 have some order, please, in the chamber.
13 Senator LaValle.
14 SENATOR LaVALLE: Members may
15 assemble by the Concourse Security if they wish
16 to be guided to the State of the State address by
17 the Sergeant-at-Arms.
18 My motion, there being no further
19 business, I move we adjourn until Thursday,
20 January 22nd, at 11:00 a.m.
21 We will now proceed to the Empire
22 State Plaza Convention Center for the Governor's
23 State of the State address.
24 ACTING PRESIDENT GRIFFO: Members
25 are instructed to proceed to the Concourse to the
213
1 Empire State Convention Center, for the message
2 of the Governor on the State of the State and
3 Budget.
4 The Senate stands adjourned, on
5 motion, until Thursday, January 22nd at
6 11:00 a.m. The Senate stands adjourned.
7 (Whereupon, at 1:38 p.m., the Senate
8 adjourned.)
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