Regular Session - March 7, 2019
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 7, 2019
11 11:16 a.m.
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14 REGULAR SESSION
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18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: 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 BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, March 6, 2019, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, March 5,
18 2019, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Thank you,
7 Mr. President.
8 On behalf of Senator Biaggi, I move
9 that the following bill be discharged from its
10 respective committee and be recommitted with
11 instructions to strike the enacting clause:
12 Senate Bill 4064.
13 ACTING PRESIDENT BENJAMIN: It is
14 so ordered.
15 SENATOR GIANARIS: Please recognize
16 Senator Griffo.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Griffo.
19 SENATOR GRIFFO: Mr. President, I
20 move, on behalf of Senator Ranzenhofer, that
21 Senate Bill 1933 be discharged from its
22 respective committee and be recommitted with
23 instructions to strike the enacting clause.
24 ACTING PRESIDENT BENJAMIN: It is
25 so ordered.
1422
1 Senator Gianaris.
2 SENATOR GIANARIS: Mr. President, I
3 move to adopt the Resolution Calendar.
4 ACTING PRESIDENT BENJAMIN: All in
5 favor of adopting the Resolution Calendar please
6 signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT BENJAMIN:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT BENJAMIN: The
12 Resolution Calendar is adopted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Now,
15 Mr. President, can we take up previously adopted
16 Resolution 255, by Senator Tedisco, read the
17 title only, and recognize Senator Tedisco.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will read.
20 THE SECRETARY: Senate Resolution
21 255, by Senator Tedisco, congratulating the
22 Burnt Hills-Ballston Lake High School
23 Cross Country Team and Head Coach Chip Button
24 upon the occasion of capturing the New York State
25 Class B Cross Country Team Championship on
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1 November 10, 2018.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Tedisco on the resolution.
4 SENATOR TEDISCO: Mr. President, I
5 thank you.
6 I'm honored and proud to be able to
7 present to you and introduce to you an honor from
8 this august body, an outstanding group of student
9 athletes from the Burnt Hills-Ballston Lake
10 High School. They're the Class B New York State
11 Boys Varsity Cross Country Team.
12 And if you look up there and you
13 say, I kind of recognize them, you probably
14 would. They've been here quite often. In fact,
15 I might as well make another appointment to have
16 them here next year again. And I'm not quite
17 sure they might not have a better attendance
18 record than some of us in this room.
19 (Laughter.)
20 SENATOR TEDISCO: Because you might
21 remember a guy by the name of Pat Riley. Some of
22 these hoopers over there know that guy, Pat
23 Riley. He's another outstanding individual from
24 the 49th Senatorial District.
25 And I told them he cornered exactly
1424
1 why we're honoring them once again in a special
2 way this year. He played for the Lakers and
3 coached, played with the Knicks, with Miami now.
4 But he cornered the term "three-peat." Do you
5 remember that?
6 This is a three-peat. Three years
7 in a row. New York State Cross Country Class B
8 Boys Varsity Burnt Hills-Ballston Lake champions.
9 Doesn't get much better than that.
10 Better late than never.
11 And I have a little bit more
12 information to talk to you about them. These
13 Spartans -- they're Spartans, as they're
14 called -- finished with an impressive Suburban
15 Council dual meet record of 15 and zero. No
16 defeats.
17 The team has now won their
18 20th Section 2 Championship locally and their
19 8th State Championship, and they're representing
20 New York State well. The team placed in the top
21 15 at the Nike Cross Country National
22 Championship in Portland, Oregon.
23 I'm going to have them stand up as I
24 call their name. Ryan Allison is with us. Tyler
25 Berg. Kevin Board. Evan Brennan. Aidan
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1 Gillooley. Nick Hunziker. David Metacarpa.
2 Ryan Sheppard. Zackary Scribner. Mikhail
3 Troyan. Dante Ubriaco. Coached by Chip
4 Button -- there you -- oh, they put you in the
5 back so you can get some height there. You're
6 vertically challenged like me, Coach. But you're
7 getting the job done.
8 (Laughter.)
9 SENATOR TEDISCO: And Athletic
10 Director Joe Scalise.
11 Congratulations. Outstanding
12 achievements.
13 And would you please honor them,
14 welcome them, and wish them all the cordialities
15 of this August body. We're proud of you.
16 ACTING PRESIDENT BENJAMIN: The
17 resolution was previously adopted on
18 January 23rd.
19 To our guests, we welcome you to the
20 chamber, extend to you the privileges and
21 courtesies of this house. Congratulations on
22 your athletic achievement.
23 Please rise -- well, you've already
24 risen -- and be recognized.
25 (Standing ovation.)
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1 ACTING PRESIDENT BENJAMIN: Senator
2 Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 can we now please begin with the reading of the
5 calendar.
6 ACTING PRESIDENT BENJAMIN: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number 68,
9 Senate Print 1265, by Senator Gianaris, an act to
10 amend the State Administrative Procedure Act.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of January
15 next succeeding the date on which it shall have
16 become a law.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 123, Senate Print 2846, by Senator Ranzenhofer,
2 an act to amend the Public Authorities Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Announce the results.
12 THE SECRETARY: Ayes, 56.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 176, Senate Print 3163, by Senator Kaplan, an act
17 to amend the Tax Law.
18 SENATOR GRIFFO: Lay it aside.
19 ACTING PRESIDENT BENJAMIN: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 178, Senate Print 1087, by Senator Persaud, an
23 act to amend the Economic Development Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
1428
1 THE SECRETARY: Section 4. This
2 act shall take effect on the first of April next
3 succeeding the date on which it shall have become
4 a law.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 56.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 180, Senate Print 2842, by Senator Kaplan, an act
15 to amend the State Administrative Procedure Act.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 11. This
19 act shall take effect on the 120th day after it
20 shall have become a law.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
1429
1 THE SECRETARY: Ayes, 56.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 Senator Gianaris.
5 SENATOR GIANARIS: Can we go to the
6 reading of the controversial calendar, please.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Gianaris, we have one more.
9 SENATOR GIANARIS: I apologize. I
10 jumped in too early.
11 THE SECRETARY: Calendar Number
12 183, Senate Print 2109, by Senator Sanders, an
13 act to amend the Banking Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 180th day after it
18 shall have become a law.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 56.
25 ACTING PRESIDENT BENJAMIN: The
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1 bill is passed.
2 Senator Gianaris, that completes the
3 noncontroversial reading of the calendar.
4 SENATOR GIANARIS: I apologize,
5 Mr. President, I was trying to get us out of here
6 a little earlier.
7 Can we now go to the reading of the
8 controversial calendar.
9 ACTING PRESIDENT BENJAMIN: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 176, Senate Print 3163, by Senator Kaplan, an act
14 to amend the Tax Law.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Griffo, why do you rise?
17 SENATOR GRIFFO: Mr. President, I
18 believe there's an amendment at the desk. I
19 waive the reading of that amendment and ask that
20 you recognize Senator Akshar and Senator O'Mara
21 for explanations.
22 ACTING PRESIDENT BENJAMIN: Thank
23 you, Senator Griffo.
24 Upon review of the amendment, in
25 accordance with Rule 6, Section 4B, I rule it
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1 nongermane and out of order at this time.
2 SENATOR GRIFFO: Accordingly,
3 Mr. President, I would appeal the ruling of the
4 chair and ask that you recognize first
5 Senator Akshar and subsequently Senator O'Mara to
6 be heard on the appeal.
7 ACTING PRESIDENT BENJAMIN: The
8 appeal has been made and recognized, and
9 Senators Akshar and O'Mara may be heard.
10 Senator Akshar.
11 SENATOR AKSHAR: Mr. President,
12 thank you very much for your indulgence.
13 This amendment is in fact germane
14 because both the amendment and the bill-in-chief
15 offer relief to small businesses, which I'm sure
16 the sponsor would agree is desperately needed by
17 all small businesses in this state, whether it's
18 on Long Island, in the Southern Tier where I'm
19 from, in Western New York or in the
20 North Country.
21 We all know that small businesses
22 make up 98 percent of New York State business and
23 employ more than half of New York's
24 private-sector workforce. And with New York
25 State consistently ranked at the top of the list
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1 of having the highest state and local tax burden,
2 our small businesses desperately need some
3 relief.
4 Homeowners of course are eligible
5 for STAR and Enhanced STAR, we all know that,
6 which takes a little bit of the sting out of
7 their school property tax bill. But businesses
8 do not have that option, and they're forced year
9 after year to carry the burden of the full weight
10 of school taxes.
11 So this amendment of course would
12 make small businesses, which have been defined as
13 having 100 or fewer employees, eligible for the
14 STAR program.
15 It's for those reasons,
16 Mr. President, that I feel that this amendment is
17 in fact germane. And I would urge my colleagues
18 to vote in favor of the amendment.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 O'Mara.
22 SENATOR O'MARA: Yes, thank you,
23 Mr. President.
24 I could just say "What he said." My
25 amendment here is equally -- if not more so --
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1 germane to the bill-in-chief, as the
2 bill-in-chief amends Article 9A of the Tax Law
3 and Article 22, Section 612 of the Tax Law. This
4 amendment amends those exact same chapters of the
5 Tax Law, providing real relief to small
6 businesses, small businesses making up 90 percent
7 of New York State's businesses and employing
8 half -- over half of our workforce in New York
9 State.
10 We cannot continue to tax businesses
11 and individuals out of this state. We need to
12 provide real relief. The rates cannot be
13 increased, they must be decreased to provide this
14 relief. Because without taxpayers, it doesn't
15 matter what our rate of tax is, we're just not
16 going to be able to raise enough revenues to
17 support the programs that we all would like to
18 see.
19 This amendment would increase the
20 business income limit from $290,000 to $400,000
21 of income and lower the tax bracket from
22 6.5 percent to 4 percent, providing real relief
23 to small businesses. It would also increase the
24 exemption of business income from the current
25 5 percent, phased in to 15 percent in 2021 and to
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1 20 percent for farm businesses from 2020 and
2 thereafter.
3 Therefore, I would argue that this
4 bill is germane to the bill-in-chief and ask that
5 we vote to overrule your ruling.
6 ACTING PRESIDENT BENJAMIN: Thank
7 you, Senator.
8 I want to remind the house that the
9 vote is on the procedures of the house and the
10 ruling of the chair.
11 Those in favor of overruling the
12 chair signify by saying aye.
13 (Response of "Aye.")
14 SENATOR GRIFFO: Show of hands.
15 ACTING PRESIDENT BENJAMIN: A show
16 of hands has been requested and so ordered.
17 (Show of hands. )
18 THE SECRETARY: Ayes, 21.
19 ACTING PRESIDENT BENJAMIN: The
20 ruling of the chair stands and the bill-in-chief
21 is before the house.
22 Senator Gianaris.
23 SENATOR GIANARIS: Mr. President,
24 without objection, can we please return this to
25 the noncontroversial calendar and take it up.
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1 ACTING PRESIDENT BENJAMIN: Without
2 objection, so ordered.
3 Read the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately and shall apply
6 to taxable years beginning after such date.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Kaplan to explain her vote.
12 SENATOR KAPLAN: Thank you,
13 Mr. President.
14 Small businesses are the lifeblood
15 of our communities, supporting thousands of local
16 jobs and helping New York to have a robust and
17 diverse economy. As the chair of the Committee
18 on Commerce, Economic Development and Small
19 Business, I have a solemn duty to ensure that
20 New York State is focused on supporting our small
21 businesses so they can continue to grow and
22 thrive.
23 This legislation is very simple, but
24 I believe it is an achievable goal that will have
25 a big impact. If you own a small business, this
1436
1 will allow you to make tax-deferred contributions
2 to a rainy day savings account which you can draw
3 on during times of need.
4 In situations of significant
5 economic hardship or natural disasters, small
6 businesses will be able to draw on funds tax-free
7 in order to stabilize the business and maintain
8 staffing levels.
9 I am proud to be cosponsor of this
10 legislation, and I appreciate Senator Boyle's
11 hard work in carrying this bill for the last two
12 years and graciously giving it to me to carry and
13 sponsor.
14 I vote in the affirmative for its
15 passage because I know that once it's enacted,
16 this will be a valuable tool to help our small
17 businesses not only on Long Island, but across
18 New York State.
19 Thank you.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Kaplan to be recorded in the affirmative.
22 Senator Akshar to explain his vote.
23 SENATOR AKSHAR: Mr. President,
24 thank you.
25 First, allow me to commend the
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1 sponsor for putting forth this piece of
2 legislation as well as her work in her respective
3 committee. It's a pleasure to serve on that
4 committee with you.
5 And I listened to what you said in
6 explanation of your vote, and I believe what you
7 said. I know that you care about small
8 businesses. I know that you care about economic
9 development throughout the state.
10 Two days ago Sam Stebbins from 24/7
11 Wall Street published a report in USA Today, and
12 that report was talking about taxes and states
13 throughout this nation. And I'm sure none of us
14 would be surprised to learn that New York ranked
15 number one in taxes. Number one. We're 50th in
16 the nation. We can't get any worse than what we
17 are.
18 And quite frankly, it's all the more
19 reason that we shouldn't pass a budget without a
20 permanent property tax cap. We're ranked fourth
21 in the nation, highest property taxes.
22 And if all of us in this room,
23 whether we're a Republican or a Democrat or
24 otherwise, if we want to stop the hemorrhage of
25 people, we want to stop losing businesses
1438
1 throughout this state, we must create a better
2 business climate.
3 And I'm disappointed that we didn't
4 accept the amendment to extend the STAR program
5 to small businesses. We know that in the
6 outyears it would cost $275 million, half as much
7 money as it would cost to provide Medicaid for
8 illegals, which is being proposed.
9 We create a better business climate
10 not by corporate welfare, not by these other
11 programs that we're witnessing, but by doing a
12 little bit of self-reflecting. I'll end on this,
13 that it is not government's responsibility to
14 create jobs, it's government's responsibility to
15 put forth good public policy that allows
16 businesses to thrive and prosper.
17 So while I am disappointed we did
18 not take up the amendment, I will in fact be
19 supporting the Senator's bill because I think
20 it's a step in the right direction. But I would
21 offer all of us, regardless of our political
22 persuasion, if we in fact want to grow the
23 economy, if we in fact want to see more people in
24 this state and we want to stop people from
25 leaving, we need to do a much better job than
1439
1 continue on the path that we're doing.
2 Mr. President, I vote aye.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Akshar to be recorded in the affirmative.
5 Senator Metzger to explain her vote.
6 SENATOR METZGER: Yes, I want to
7 thank Senator Kaplan for carrying this
8 legislation.
9 As a representative of a very rural
10 district, I really appreciate this legislation.
11 Small businesses are the backbone of our economy.
12 All of our communities are working very hard to
13 revitalize and contribute to strong, healthy
14 local economies. And this will really allow --
15 this legislation will allow our businesses to
16 plan, to weather difficult economic times, and
17 it's very important for their long-term survival.
18 So I appreciate that and this
19 legislation and am very pleased to vote aye.
20 Thank you.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Metzger to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT BENJAMIN: The
1440
1 bill is passed.
2 Senator Gianaris, that completes the
3 reading of today's calendar.
4 SENATOR GIANARIS: Mr. President,
5 is there any further business at the desk?
6 ACTING PRESIDENT BENJAMIN: There
7 is no further business at the desk.
8 SENATOR GIANARIS: In that case, I
9 move to adjourn until Monday, March 11th, at
10 3:00 p.m., with the intervening days being
11 legislative days.
12 ACTING PRESIDENT BENJAMIN: On
13 motion, the Senate stands adjourned until Monday,
14 March 11th, at 3:00 p.m., intervening days being
15 legislative days.
16 (Whereupon, at 11:34 a.m., the
17 Senate adjourned.)
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