Regular Session - February 4, 2019

                                                                   918

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 4, 2019

11                      3:39 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR LUIS SEPÚLVEDA, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               919

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

 2                ACTING PRESIDENT SEPÚLVEDA:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT SEPÚLVEDA:   In the 

 9   absence of clergy, I ask that everyone bow their 

10   head in a moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT SEPÚLVEDA:    

14   Reading of the Journal.  

15                THE SECRETARY:   In Senate, Sunday, 

16   February 3, 2019, the Senate met pursuant to 

17   adjournment.  The Journal of Saturday, 

18   February 2, 2019, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT SEPÚLVEDA:   Please 

21   can we have order in the chamber.  Thank you.

22                Without objection, the Journal 

23   stands approved as read.

24                Presentation of petitions.

25                Messages from the Assembly.


                                                               920

 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 Gianaris.  

 8                SENATOR GIANARIS:   Thank you, 

 9   Mr. President.

10                On behalf of Senator Kaplan, I move 

11   that the following bills be discharged from their 

12   respective committees and be recommitted with 

13   instructions to strike the enacting clause:  

14   Senate Bills 2670 and 2506.

15                ACTING PRESIDENT SEPÚLVEDA:   It is 

16   so ordered.

17                SENATOR GIANARIS:   On behalf of 

18   Senator Krueger, I move that the following bill 

19   be discharged from its respective committee and 

20   be recommitted with instructions to strike the 

21   enacting clause:  Senate Bill 2603.

22                ACTING PRESIDENT SEPÚLVEDA:   It is 

23   so ordered.

24                SENATOR GIANARIS:   And on behalf of 

25   Senator Gaughran, I move that the following bill 


                                                               921

 1   be discharged from its respective committee and 

 2   be recommitted with instructions to strike the 

 3   enacting clause:  Senate Bill 637.

 4                ACTING PRESIDENT SEPÚLVEDA:   It is 

 5   so ordered.

 6                SENATOR GIANARIS:   Can you please 

 7   call on Senator Griffo.

 8                ACTING PRESIDENT SEPÚLVEDA:   

 9   Senator Griffo.

10                SENATOR GRIFFO:   Thank you, 

11   Mr. President.

12                On behalf of Senator O'Mara, I move 

13   that the following bill be discharged from its 

14   respective committee and be recommitted with 

15   instructions to strike the enacting clause:  

16   Senate Bill 1888.

17                ACTING PRESIDENT SEPÚLVEDA:   It is 

18   so ordered.

19                Senator Gianaris.

20                SENATOR GIANARIS:   Mr. President, 

21   I'd like to call up Privileged Resolution J323, 

22   by Senator Savino.  Please read the title only 

23   and recognize Senator Savino to speak.

24                ACTING PRESIDENT SEPÚLVEDA:   The 

25   Secretary will read.


                                                               922

 1                THE SECRETARY:   Legislative 

 2   Resolution Number 323, by Senator Savino, 

 3   commending the Boy Scouts of America upon the 

 4   occasion of celebrating Founders Day on 

 5   February 22, 2019.

 6                ACTING PRESIDENT SEPÚLVEDA:    

 7   Senator Savino on the resolution.

 8                SENATOR SAVINO:   Thank you, 

 9   Mr. President.

10                I want to take this moment to 

11   congratulate and commemorate the Boy Scouts of 

12   America upon the occasion of celebrating 

13   Founders Day.

14                We have with us in the chamber right 

15   now some Boy Scouts and some troop leaders; I'm 

16   going to mention them in a moment.  But we've had 

17   over a hundred scouts here today celebrating, 

18   visiting our government, participating in their 

19   civic duty.  

20                We have with us Ethan Draddy, who's 

21   the CEO of the Greater New York Councils; Chris 

22   Coscia, CEO of the Theodore Roosevelt Council.  

23   And as I said, more than 100 Scouts were here 

24   today.  

25                I think it's very important that we 


                                                               923

 1   now recognize that it's not the Boy Scouts of 

 2   America anymore, it's BSA.  Why did they change 

 3   the name?  Because they opened up their ranks to 

 4   allow girls to participate as well in scouting.  

 5   Which probably makes it a lot easier on parents, 

 6   who are oftentimes required to move their kids 

 7   from place to place, so they can take their 

 8   daughters and their sons to BSA to participate in 

 9   scouting.  

10                Scouting has had a profound effect 

11   on the development of young people in our nation.  

12   Many times here on the floor we are celebrating 

13   and commemorating the achievement of the Eagle 

14   Scout rank.  Some of our members in this chamber 

15   are Eagle Scouts.  

16                Scouting has helped improve the 

17   lives and educational opportunities for boys and 

18   young adults and girls.  It helps them build 

19   character, train them in the responsibilities to 

20   participate in citizenship, develop personal 

21   fitness and moral fitness.  It has been a fabric 

22   of our lives for almost a hundred years.  

23                And we welcome them to the chamber, 

24   and we offer them all of the privileges of the 

25   Senate.  


                                                               924

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT SEPÚLVEDA:   The 

 3   presiding officer calls on Senator Gounardes, who 

 4   wishes to speak on the resolution.

 5                SENATOR GOUNARDES:   Thank you, 

 6   Mr. President.  

 7                I want to thank my colleague Senator 

 8   Savino for introducing this resolution.  

 9                I stand here as one of those proud 

10   Eagle Scouts that you referenced, that you 

11   mentioned, so I want to direct my comments to the 

12   Scouts here in the gallery.  

13                Remember the story of how scouting 

14   started, Boy Scouting started, scouting in the 

15   United States started.  It was a gentleman, W.D. 

16   Boyce, who went to London and he got lost in a 

17   fog.  He lost his way, he didn't know where he 

18   was going, until a boy came up to him and helped 

19   him find his way.  In uniform, a Scout.  And when 

20   W.D. Boyce went to go offer him a tip to thank 

21   him, he said:  "No, thank you, sir, I'm a Scout.  

22   This is my good turn."  

23                And he was so taken by that example 

24   that he came back to the United States and he 

25   started what became the Boy Scouts of America.  


                                                               925

 1                So as you all go into your scouting 

 2   careers, and whether you are just starting out as 

 3   a Tenderfoot Scout or you're working on the trail 

 4   to Eagle or you've even achieved Eagle Scout 

 5   already and now you're serving the scouting 

 6   program in other roles and other capacities, 

 7   always ask yourself how you can be like that 

 8   Scout in the fog, helping other people find their 

 9   way.  

10                Maybe it's helping someone who's 

11   homeless or down on their luck, on the subway or 

12   on the train or in our communities.  Maybe it's 

13   standing up for someone who's being faced with 

14   antisemitism or Islamophobia or bigotry or being 

15   made fun of or teased or picked on because of the 

16   way they look or because of who they love or 

17   whatever it might be.  Or maybe it's just 

18   standing up and doing what's right because it's 

19   the right thing to do.  

20                That is the charge that we all as 

21   Scouts, boy Scouts and girl Scouts, in this day 

22   and age have placed upon us when we wear that 

23   uniform and when you wear those patches proudly.  

24                So congratulations to each and every 

25   one of you.  I salute you all as one of your own.  


                                                               926

 1   Thank you for being here.  Thank you for all the 

 2   great work you do.  

 3                And thank you, Senator Savino, for 

 4   introducing this resolution.

 5                ACTING PRESIDENT SEPÚLVEDA:    

 6   Senator Sanders on the resolution.

 7                SENATOR SANDERS:   Thank you, 

 8   Mr. President.  

 9                I too thank Senator Savino for this 

10   excellent move that she's made.  

11                I stand as a Scout saluting Scouts.  

12   Some of my fondest moments were in the Ten-Mile 

13   River Scout Camp, where I learned many different 

14   things of survival and how to do it.  It aided me 

15   well when I went into the Marine Corps.  It was 

16   not as difficult, because I went through the 

17   Boy Scouts.

18                It's also aiding me well here.  I 

19   remember certain principles that we try to 

20   remember and keep:  To leave a thing better than 

21   we found it, to stand for certain principles 

22   that -- of which you are taught every day.  And 

23   it will help you a great deal with your life 

24   wherever it takes you.

25                So again, I want to thank you and I 


                                                               927

 1   want to thank you all for making this country so 

 2   much better just by being who you are.  Thank you 

 3   very much.

 4                And thank you, Mr. President.  You 

 5   look good up there.  

 6                (Laughter.)

 7                ACTING PRESIDENT SEPÚLVEDA:   Thank 

 8   you.

 9                Senator Hoylman on the resolution.

10                SENATOR HOYLMAN:   Thank you, 

11   Mr. President.  

12                I wanted to welcome the Scouts here 

13   and thank Senator Savino for this resolution.

14                I'm an Eagle Scout, like Senator 

15   Gounardes, and I still have a scar on my index 

16   finger from carving a merit -- a neckerchief 

17   holder.  So I wear that proudly too every day.

18                I just wanted to say that scouting 

19   is about public service, and you really represent 

20   the finest aspirations to that.  I am a 

21   State Senator, I think, because I was initially a 

22   Boy Scout.  

23                And I wanted to also mention that 

24   the Scouts are evolving in so many ways that we 

25   should commend them for -- for starters, for 


                                                               928

 1   accepting kids of all genders, as Senator Savino 

 2   mentioned, for lifting the ban on openly LGBTQ  

 3   members and gay Scout leaders.  We should commend 

 4   them for that.  

 5                And a young woman in my district 

 6   named Sydney Ireland, from Peter Cooper- 

 7   Stuyvesant Village, is an unofficial member of 

 8   Scouts BSA Troop 414.  She took it upon herself 

 9   to organize her Eagle Scout project, where she 

10   helped veterans in the district.  She has been 

11   writing op-eds and campaigning for gender 

12   equality in the Scouts, so the announcement 

13   earlier this week was partly due to her effort.  

14   And we're trying to get Sidney recognized as an 

15   Eagle Scout right away so she doesn't have to 

16   wait the full 18 months in order to do so.  

17                So congratulations to Sidney 

18   Ireland, and congratulations to all of you.

19                Thank you, Mr. President.

20                ACTING PRESIDENT SEPÚLVEDA:   Thank 

21   you.  

22                Senator Little on the resolution.

23                SENATOR LITTLE:   Thank you, 

24   Mr. President.  

25                I too would like to join my 


                                                               929

 1   colleagues in congratulating and thanking the 

 2   Scouts who are here today and the leaders who 

 3   have put in so much time and effort with these 

 4   young men and women today.

 5                I am the proud grandmother of two 

 6   Eagle Scouts, and I attended an Eagle Scout 

 7   ceremony recently.  And one of the things that I 

 8   told them is I was talking to a gentleman, and I 

 9   think it was in a bigger city, but he was telling 

10   me about how he had a big negotiation to do for 

11   his business and he was meeting another 

12   businessman who he was really nervous about 

13   trying to negotiate some contract.  But when the 

14   other guy came in and sat down in the office, he 

15   noticed he had his Eagle Scout pin on.  He knew 

16   then this was an honest man of integrity, good 

17   character, trustworthy, and someone he could 

18   respect.  And they settled their contract thing.

19                So I also told them that you can 

20   never say "I was an Eagle Scout," because you are 

21   Eagle Scouts for life.  You are Eagle Scouts.

22                And as you can see, just your 

23   leadership skills you can see how many people 

24   here and in other bodies of legislatures are 

25   former Eagle Scouts, because it's a great 


                                                               930

 1   preparation for this role that we have.

 2                But it's also a great start on 

 3   volunteer service.  And I am sure that your 

 4   project was a volunteer service, but you will 

 5   have many, many, many volunteer projects as you 

 6   go through life.

 7                Thank you for all your efforts, and 

 8   congratulations.

 9                ACTING PRESIDENT SEPÚLVEDA:   The 

10   question is on the resolution.  All in favor 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT SEPÚLVEDA:    

14   Opposed?  

15                (No response.)

16                ACTING PRESIDENT SEPÚLVEDA:   The 

17   resolution is adopted.

18                Senator Gianaris.

19                SENATOR GIANARIS:   At the request 

20   of Senator Savino, the resolution is open for 

21   cosponsorship.

22                ACTING PRESIDENT SEPÚLVEDA:   The 

23   resolution is open for cosponsorship.  Should you 

24   choose not to be a cosponsor of the resolution, 

25   please notify the desk.


                                                               931

 1                Senator Gianaris.

 2                SENATOR GIANARIS:   Can we now take 

 3   up the noncontroversial reading of the calendar, 

 4   please.

 5                ACTING PRESIDENT SEPÚLVEDA:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 22, 

 8   by Senator Brooks, Senate Print 1634, an act to 

 9   amend the Insurance Law.

10                ACTING PRESIDENT SEPÚLVEDA:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT SEPÚLVEDA:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT SEPÚLVEDA:   

18   Announce the results.  

19                THE SECRETARY:   Those recorded in 

20   the negative on Calendar Number 22 are 

21   Senators Akshar, Antonacci and Helming.  

22                Ayes, 59.  Nays, 3.

23                ACTING PRESIDENT SEPÚLVEDA:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 29, 


                                                               932

 1   by Senator Metzger, Senate Print 1012, an act to 

 2   amend the General Municipal Law.

 3                SENATOR GRIFFO:   Lay it aside.

 4                ACTING PRESIDENT SEPÚLVEDA:   Lay it 

 5   aside.

 6                THE SECRETARY:   Calendar Number 30, 

 7   by Senator Kennedy, Senate Print 250, an act to 

 8   establish a private student loan refinance task 

 9   force.

10                ACTING PRESIDENT SEPÚLVEDA:   Read 

11   the last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT SEPÚLVEDA:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT SEPÚLVEDA:    

18   Announce the results.

19                THE SECRETARY:   Ayes, 62.

20                ACTING PRESIDENT SEPÚLVEDA:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 41, 

23   by Senator Seward, Senate Print 2039, an act to 

24   amend the Insurance Law and a chapter of the Laws 

25   of 2018.


                                                               933

 1                ACTING PRESIDENT SEPÚLVEDA:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 4.  This 

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

 5   same manner as a chapter of the Laws of 2018 

 6   amending the Insurance Law.

 7                ACTING PRESIDENT SEPÚLVEDA:   Call 

 8   the roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT SEPÚLVEDA:    

11   Announce the results.

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT SEPÚLVEDA:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 49, 

16   by Senator Carlucci, Senate Print 521A, an act to 

17   amend the Highway Law.

18                ACTING PRESIDENT SEPÚLVEDA:   Read 

19   the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT SEPÚLVEDA:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT SEPÚLVEDA:    


                                                               934

 1   Senator Carlucci to explain his vote.

 2                SENATOR CARLUCCI:   Thank you, 

 3   Mr. President.

 4                I want to thank my colleagues for 

 5   supporting this legislation.  This legislation 

 6   will rename a portion of Route 17 in Hillburn to 

 7   be the "Thurgood Marshall Memorial Highway."  

 8                And Route 17 is the longest state 

 9   route in the State of New York, 397 miles.  And 

10   this is really where it starts in New York, when 

11   it enters in from New Jersey.  And what this 

12   legislation is doing is really celebrating the 

13   life and legacy of Thurgood Marshall and the work 

14   that he did leading up to his appointment to the 

15   Supreme Court.

16                In 1943, he came to Hillburn as a 

17   lawyer for the NAACP and fought to desegregate 

18   the schools in Hillburn.  And he was successful 

19   in that case, and it's a proud history that 

20   really led to, 11 years later, his victorious 

21   ruling on Brown vs. Board of Education.  This was 

22   11 years earlier and really started the trend to 

23   finally desegregate our schools in the 

24   United States.  

25                So it's a proud history that we have 


                                                               935

 1   in Hillburn of Thurgood Marshall's legacy.  It's 

 2   something that's not widely known.  That's why 

 3   this legislation is important; it really 

 4   recognizes and celebrates the significance that 

 5   Thurgood Marshall had here in New York State and 

 6   of course throughout the entire United States and 

 7   the entire world.  

 8                So on behalf of Thurgood Marshall's 

 9   legacy, I want to thank my colleagues for 

10   supporting this legislation.  And I vote in the 

11   affirmative.

12                Thank you, Mr. President.

13                ACTING PRESIDENT SEPÚLVEDA:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT SEPÚLVEDA:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 50, 

19   by Senator Breslin, Senate Print 978, an act to 

20   amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT SEPÚLVEDA:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 120th day after it 

25   shall have become a law.


                                                               936

 1                ACTING PRESIDENT SEPÚLVEDA:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT SEPÚLVEDA:    

 5   Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT SEPÚLVEDA:   The 

 8   bill is passed.

 9                Senator Gianaris, that completes the 

10   noncontroversial reading of today's calendar.

11                SENATOR GIANARIS:   Thank you, 

12   Mr. President.

13                Can we now go to the controversial 

14   reading, please.

15                ACTING PRESIDENT SEPÚLVEDA:   The 

16   Secretary will ring the bell.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 29, 

19   by Senator Metzger, Senate Print 1012, an act to 

20   amend the General Municipal Law.

21                ACTING PRESIDENT SEPÚLVEDA:    

22   Senator Little, why do you rise?

23                SENATOR LITTLE:   Thank you.  Would 

24   Senator Metzger answer a few questions in regard 

25   to this?  


                                                               937

 1                ACTING PRESIDENT SEPÚLVEDA:    

 2   Senator Metzger, do you yield?  

 3                SENATOR METZGER:   Yes, I would, 

 4   Mr. President.

 5                ACTING PRESIDENT SEPÚLVEDA:   The 

 6   sponsor yields.

 7                SENATOR LITTLE:   Thank you.  

 8                It appears that this school, the 

 9   Middletown Central School -- which is a bigger 

10   school than many of the schools I represent -- 

11   however, is leaving their consortium and saving 

12   an amount of money of like $3.4 million of the 

13   health insurance monies they were paying into the 

14   consortium, and wanting to start their own 

15   private reserve fund just for their school to 

16   self-fund their insurance.  Is that correct?  

17                SENATOR METZGER:   That's correct.

18                SENATOR LITTLE:   And do they have 

19   money to begin this fund with?  

20                SENATOR METZGER:   Yes, they do.  

21   They actually have -- they have a significant 

22   fund balance, and the Comptroller actually 

23   directed them to address it by establishing a 

24   reserve fund, as one of the measures to address.

25                But I do want to point out that 


                                                               938

 1   there are about a dozen school districts that 

 2   self-insure, and this body has passed legislation 

 3   approving reserve funds for a number of schools.

 4                SENATOR LITTLE:   Thank you.  Would 

 5   the sponsor respond to a few other questions?  

 6                ACTING PRESIDENT SEPÚLVEDA:   Does 

 7   the sponsor continue to yield?

 8                SENATOR LITTLE:   Yeah, I have no 

 9   problem with the reserve fund.  I actually 

10   support legislation that would create --

11                ACTING PRESIDENT SEPÚLVEDA:    

12   Senator Little, just wait for her response.  

13                Senator, do you continue to yield?  

14                SENATOR METZGER:   Yes, I do.

15                SENATOR LITTLE:   Okay, thank you.

16                ACTING PRESIDENT SEPÚLVEDA:   Thank 

17   you.  My apologies.

18                SENATOR LITTLE:   I have no problem 

19   with reserve funds.  I realize that this school 

20   already has 16 reserve funds available to them.  

21                And I actually have legislation that 

22   proposes a reserve fund for special education so 

23   that schools are prepared when someone moves into 

24   their district.  I have one that would be for 

25   paying for teachers' retirement funds they can 


                                                               939

 1   do.  And those have not passed yet.

 2                However, I just wanted to make sure 

 3   that this school -- and you seem to have 

 4   indicated that that's what they're doing.  They 

 5   have been criticized because they were 

 6   15.36 percent over their unrestricted reserve 

 7   fund.  And they have corrected that; that was in 

 8   2017-2018.  But last year, 2018-2019, they were 

 9   still 7.11 percent over, and we need to stay at 

10   4 percent, according to the Comptroller.

11                So they are putting money from that 

12   reserve fund into this new health reserve fund; 

13   is that correct?  

14                SENATOR METZGER:   I believe it's 

15   from -- it's coming out of the existing annual 

16   budget.  But -- and not going from one reserve 

17   fund to another, if I understand your question.

18                SENATOR LITTLE:   Would the sponsor 

19   answer another question?  

20                ACTING PRESIDENT SEPÚLVEDA:    

21   Senator Metzger, do you continue to yield?  

22                SENATOR METZGER:   Sure.  Yes.

23                SENATOR LITTLE:   So this is my main 

24   concern, because many of our school districts -- 

25   and I represent 48 school districts -- are way 


                                                               940

 1   over their 4 percent.  The average schools in 

 2   this state have a reserve fund over 8.65 percent 

 3   over what their needs are -- over the 4 percent, 

 4   so -- or over their unrestricted fund.

 5                So I'm now confused.  Are they going 

 6   to take this excess of the 7.11 percent reserve 

 7   fund and use it?  Or are you saying they are not 

 8   going to use that fund?  

 9                SENATOR METZGER:   So I -- we don't 

10   think they're using the excess.  But they can 

11   contribute up to 5 percent annually to this 

12   reserve fund.  

13                And from my perspective, just 

14   knowing -- from being in local government and 

15   also from our school district, health insurance 

16   costs are, you know, a driving factor in 

17   increasing local property taxes.  And this is a 

18   tool that school districts can use to address 

19   that, and it's been shown to save millions of 

20   dollars.  And I think it shows fiscal prudence to 

21   create a reserve fund.  It's essentially if one 

22   year they experience unusually high claims.  So 

23   from my vantage point, this is the fiscally 

24   responsible thing to do.

25                And the Middletown School District 


                                                               941

 1   has been budgeting conservatively.  That's why 

 2   they have that fund balance.

 3                SENATOR LITTLE:   Thank you.  Would 

 4   the sponsor respond to another question?  

 5                ACTING PRESIDENT SEPÚLVEDA:    

 6   Senator Metzger, do you continue to yield?  

 7                SENATOR METZGER:   Yes.

 8                SENATOR LITTLE:   When you say this 

 9   is coming from their budget and that they can do 

10   up to 5 percent in a health insurance fund -- 

11   which is very important.  I'm not saying it 

12   isn't.  But where is that money coming from?

13                SENATOR METZGER:   Well, this -- I 

14   think the intention is for it to come from the 

15   savings that they are earning -- that they are 

16   realizing from self-insuring.

17                SENATOR LITTLE:   Yeah, but 

18   they're -- well, the most important thing that 

19   I'm trying to make here is that, you know, school 

20   districts get their money from the taxpayers.  We 

21   have high property taxes in this state.  And one 

22   thing we're trying to do is trying to lower those 

23   property taxes to attract more people to the 

24   state and make it more affordable for everyone.  

25                Therefore, establishing a reserve 


                                                               942

 1   fund over and above what they really, really need 

 2   is out of line.  And so that's all I'm trying to 

 3   do is question.

 4                ACTING PRESIDENT SEPÚLVEDA:    

 5   Senator Little, just to clarify.  Are you on the 

 6   bill or are you asking the sponsor to yield to a 

 7   question?  

 8                SENATOR LITTLE:   I guess I'm on the 

 9   bill.  So thank you.  

10                ACTING PRESIDENT SEPÚLVEDA:    

11   Senator Little on the bill.

12                SENATOR LITTLE:   So it's important 

13   that they have the taxpayers in mind and are not 

14   reserving more than they already have.  They 

15   already are way over, 7.11 percent last year.  

16   Hopefully they will not be taxing the taxpayers 

17   to create an even bigger reserve fund here.

18                Thank you.

19                ACTING PRESIDENT SEPÚLVEDA:   Are 

20   there any other Senators wishing to be heard?

21                Seeing and hearing none, the debate 

22   is closed.

23                The Secretary will ring the bell.

24                Senator Gianaris.

25                SENATOR GIANARIS:   Mr. President, 


                                                               943

 1   without objection, can you please return this 

 2   bill to the noncontroversial calendar.

 3                ACTING PRESIDENT SEPÚLVEDA:    

 4   Without objection, so ordered.

 5                Read the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT SEPÚLVEDA:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT SEPÚLVEDA:    

12   Senator Akshar to explain his vote.

13                SENATOR AKSHAR:   Mr. President, 

14   thank you.  To explain my vote.  

15                Clearly, this is a school district 

16   that does not have an issue hoarding taxpayer 

17   dollars.  It is a school district that has a 

18   terrible track record of managing the taxpayer 

19   dollar.  

20                It was suggested that this school 

21   district has so much money in the bank, 

22   $58 million by way of 16 reserve funds, because 

23   they budget conservatively.  I would offer that 

24   they don't budget conservatively, they liberally 

25   tax the hell out of taxpayers.  That's why 


                                                               944

 1   there's so much money in the bank.  

 2                So I'm voting no.  And while it's 

 3   not my school district, I'm going to stand with 

 4   the hardworking taxpayers of that particular 

 5   district and vote no.

 6                ACTING PRESIDENT SEPÚLVEDA:    

 7   Senator Akshar in the negative.

 8                Announce the results.

 9                THE SECRETARY:   Those recorded in 

10   the negative on Calendar Number 29 are 

11   Senators Akshar, Antonacci, Boyle, Flanagan, 

12   Helming, Jacobs, Jordan, Lanza, Ortt, 

13   Ranzenhofer, Robach, Tedisco and Young.  

14                Ayes, 49.  Nays, 13.

15                ACTING PRESIDENT SEPÚLVEDA:   The 

16   bill is passed.

17                Senator Gianaris, that completes the 

18   noncontroversial reading of today's calendar.

19                SENATOR GIANARIS:   Thank you, 

20   Mr. President.

21                Is there any further business at the 

22   desk today?

23                ACTING PRESIDENT SEPÚLVEDA:   There 

24   is no further business at the desk.

25                SENATOR GIANARIS:   I then move to 


                                                               945

 1   adjourn until Tuesday, February 5th, at 

 2   11:00 a.m.

 3                ACTING PRESIDENT SEPÚLVEDA:   On 

 4   motion, the Senate stands adjourned until 

 5   Tuesday, February 5th, at 11:00 a.m.

 6                (Whereupon, at 4:08 p.m., the Senate 

 7   adjourned.)

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