Regular Session - March 31, 2016

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 31, 2016

11                     4:08 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               1530

 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 everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance 

 6   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 everyone present to 

11   please bow their heads in a moment of silent 

12   reflection and prayer.

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   Wednesday, March 30th, the Senate met pursuant 

19   to adjournment.  The Journal of Tuesday, 

20   March 29th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               1531

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, on 

10   page 9 I offer the following amendments to 

11   Calendar Number 141, Senate Print Number 4520, 

12   by Senator Croci and ask that said bill retain 

13   its place on the 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 DeFRANCISCO:   I now move 

18   to adopt the Resolution Calendar, with the 

19   exception of Resolution 4649.

20                ACTING PRESIDENT GRIFFO:   All 

21   those in favor of adopting the Resolution 

22   Calendar, with the exception of Resolution 

23   Number 4649, signify by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?  


                                                               1532

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Resolution Calendar is adopted.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Now would 

 6   you please take up previously adopted Resolution 

 7   Number 4407, by Senator Nozzolio, read it in its 

 8   entirety, and then call on Senator Nozzolio.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                Can I have some order in the house, 

12   please.  Thank you.

13                THE SECRETARY:   Legislative 

14   Resolution Number 4407, by Senator Nozzolio, 

15   congratulating the South Seneca Girls Varsity 

16   Basketball Team upon the occasion of capturing 

17   the New York State Class C Championship.  

18                "WHEREAS, Excellence and success in 

19   competitive sports can only be achieved through 

20   strenuous practice, team play, and team spirit, 

21   nurtured by dedicated coaching and strategic 

22   planning; and 

23                "WHEREAS, Athletic competition 

24   enhances the moral and physical development of 

25   the young people of this state, preparing them 


                                                               1533

 1   for the future by instilling in them the value of 

 2   teamwork, encouraging a standard of healthy 

 3   living, imparting a desire for success and 

 4   developing a sense of fair play and competition; 

 5   and 

 6                "WHEREAS, The South Seneca Girls 

 7   Varsity Basketball Team captured their second 

 8   New York State Class C Championship in school 

 9   history with an exciting 63-49 victory over 

10   Pine Plains on Sunday, March 13, 2016, at Hudson 

11   Valley Community College in Troy, New York; and 

12                "WHEREAS, The athletic talent 

13   displayed by this team is due in great part to 

14   the efforts of Coach Heather Mott, and Assistant 

15   Coaches Bob Mott and Joe Mastracy, skilled and 

16   inspirational tutors, respected for their ability 

17   to develop potential into excellence; and 

18                "WHEREAS, The team's overall record 

19   of 24-3 is outstanding, and the team members were 

20   loyally and enthusiastically supported by family, 

21   fans, friends and the community at large; and 

22                "WHEREAS, Athletically and 

23   academically, the team members have proven 

24   themselves to be an unbeatable combination of 

25   talents, reflecting favorably on their school; 


                                                               1534

 1   and 

 2                "WHEREAS, Coach Heather Mott has 

 3   done a superb job in guiding, molding and 

 4   inspiring the team members toward their goals; 

 5   and 

 6                "WHEREAS, Sports competition 

 7   instills the values of teamwork, pride and 

 8   accomplishment, and Coach Heather Mott and these 

 9   outstanding athletes have clearly made a 

10   contribution to the spirit of excellence which is 

11   a tradition of their school; now, therefore, be 

12   it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to congratulate 

15   the South Seneca Girls Varsity Basketball Team; 

16   its members:  Jade Parsons, Skylar Shaulis, 

17   Kelsey Shaulis, Laura Wyckoff, Sarah Albro, Emily 

18   Lavarnway, Mackenzie Kenyon, Bailey Minges,  

19   Elisia Panipinto, Hannah Podgorny, Mary Kate 

20   Badalamenti; Coach Heather Mott; Assistant  

21   Coaches Bob Mott and Joe Mastracy; and Manager  

22   Morgan McGonigal, on their outstanding season and 

23   overall team record; and be it further 

24                "RESOLVED, That copies of this  

25   resolution, suitably engrossed, be transmitted  


                                                               1535

 1   to the members of the South Seneca Girls Varsity 

 2   Basketball Team and to Coach Heather Mott."

 3                ACTING PRESIDENT GRIFFO:    

 4   (Gaveling.)  Some order in the chamber, please.  

 5   Thank you.

 6                Senator Nozzolio.

 7                SENATOR NOZZOLIO:   Thank you, 

 8   Mr. President.  Thank you, Leader DeFrancisco.  

 9                This measure begins our 

10   deliberations on a long session, but it's great 

11   to start out in such a wonderful way, 

12   congratulating wonderful young women from South 

13   Seneca Central School, located in southern Seneca 

14   County.  A small school, but a great heart, with 

15   a wonderful community supporting it, and so proud 

16   of these fine young women who are state 

17   basketball champions.  

18                They got there through hard work, 

19   determination, and great coaching -- coaching 

20   from a team led by Heather Mott, who is not 

21   simply a coach, but also the athletic director 

22   and history teacher at South Seneca Central 

23   School.  And together with her assistant coach -- 

24   and I have been told to underscore "assistant" -- 

25   Bob Mott, who is her husband, partner, a great 


                                                               1536

 1   coaching team that pulled together and helped 

 2   lead these fine young ladies into the state 

 3   championship.

 4                Congratulations to the Motts and 

 5   thank you for your leadership and above and 

 6   beyond the call of duty in bringing the young 

 7   ladies here today to be so recognized.

 8                In the regionals, this team defeated 

 9   Holland, which is in Senator Gallivan's district; 

10   in the semis, they beat Northern Adirondack -- 

11   that's in Senator Little's district -- and in the 

12   finals they were soundly defeating Pine Plains, 

13   which is Senator Serino's district.

14                So we're very pleased that 

15   South Seneca stood so tall and so strong.  And 

16   what's amazing about that in many, many ways, 

17   these are fine young ladies, wonderful role 

18   models for the entire student body at 

19   South Seneca, but also many will be returning 

20   next year, playing again.  And so we look forward 

21   to their continued success.

22                Mr. President, thank you for 

23   allowing us to interrupt the proceedings to 

24   congratulate fine young athletes who are 

25   exemplary.  It's going to be a great week for 


                                                               1537

 1   New York State basketball teams; Senator 

 2   DeFrancisco, myself, and all those who are 

 3   Syracuse alumni are very pleased that the women 

 4   and men have made to the NCAA Final Four.  They 

 5   only need to follow the example of the South 

 6   Seneca Central School Lady Falcons in their 

 7   success, and I congratulate them and wish them 

 8   all the best in the future.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Nozzolio.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Yes, Mike 

14   already told you about Syracuse.  But you already 

15   knew that.  

16                But just a few years ago, they 

17   weren't very good.  But based upon all the 

18   progress over the years, and all the work, they 

19   unexpectedly got to the Final Four.  But I'm 

20   going to mention somebody else.

21                Four years ago, a young lady from my 

22   district came here and we honored her because she 

23   was the Gatorade Player of the Year in high 

24   school.  And this weekend she's going to be 

25   playing for her fourth consecutive national title 


                                                               1538

 1   in women's basketball, and probably the fourth 

 2   consecutive Player of the Year Award, Breanna 

 3   Stewart.  

 4                Now, I don't see too many 6-foot-4, 

 5   7-foot wing spans on this team, but I don't think 

 6   there's been many like her anyway.  However, what 

 7   you do have in common is you have in common an 

 8   incredible accomplishment that you worked hard 

 9   for.  And most importantly, you have these 

10   friends that you're going to have for life, for 

11   life.  

12                And I can attest to that, because 

13   I'm an old guy -- not so old, but I'm a pretty 

14   old guy, and the friends that I played with in 

15   high school, we still do things together.  Maybe 

16   not baseball, basketball, but it's definitely 

17   things that are athletic, like golf and whatever 

18   else we do, tennis.

19                So congratulations.  Cherish this 

20   relationship, cherish this memory.  The people 

21   with you are going to have your back your entire 

22   life.  Congratulations.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you.

25                As noted, the resolution was 


                                                               1539

 1   previously adopted on St. Patrick's Day, 

 2   March 17th of this year.  

 3                We congratulate all of the young 

 4   ladies, the coaching staff, and their parents for 

 5   the support they've given them.  To all the young 

 6   ladies -- if you'd please rise -- from South 

 7   Seneca Girls Varsity Basketball.  

 8                (Applause.)

 9                ACTING PRESIDENT GRIFFO:   We 

10   welcome you and extend the courtesies of the 

11   house.  Congratulations, and the best of luck in 

12   the future.

13                Can I have some order in the house, 

14   please.

15                SENATOR DeFRANCISCO:   Senator 

16   Nozzolio has offered this resolution for 

17   cosponsorship.

18                ACTING PRESIDENT GRIFFO:   The 

19   resolution is open for cosponsorship.  Should you 

20   choose not to be a cosponsor, please notify the 

21   desk.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Now would you 

24   take up previously adopted Resolution 4413, also 

25   by Senator Nozzolio, read it in its entirety, and 


                                                               1540

 1   call on Senator Nozzolio.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 4413, by Senator Nozzolio, 

 6   congratulating student-athlete Aubrianna Lantrip 

 7   upon the occasion of capturing First Place in 

 8   High Jump at the New York State Indoor Track and 

 9   Field Championships.  

10                "WHEREAS, Excellence and success in 

11   competitive sports can be achieved only through 

12   strenuous practice, team play and team spirit, 

13   nurtured by dedicated coaching and strategic 

14   planning; and 

15                "WHEREAS, Athletic competition 

16   enhances the moral and physical development of 

17   the young people of this state, preparing them 

18   for the future by instilling in them the value of  

19   teamwork, encouraging a standard of healthy 

20   living, imparting a desire for success and 

21   developing a sense of fair play and competition; 

22   and 

23                "WHEREAS, This Legislative Body is 

24   justly proud to congratulate student-athlete  

25   Aubrianna Lantrip upon the occasion of capturing 


                                                               1541

 1   First Place in High Jump at the New York State 

 2   Track Indoor Track and Field Championships held 

 3   at Cornell University in Ithaca, New York, on 

 4   March 5, 2016; and 

 5                "WHEREAS, Aubrianna Lantrip, the 

 6   daughter of Lori and Richard Lantrip and a senior 

 7   at Midlakes High School, competed against high 

 8   jumpers from across New York State, earning 

 9   first-place honors with a spectacular 5'9" jump 

10   and a new personal best record; and 

11                "WHEREAS, Prior to winning the state 

12   tournament, Aubrianna Lantrip captured the 

13   Wayne-Finger Lakes League titles in both the high 

14   jump and triple jump, and became the Sectional 

15   Champion in the high jump, long jump, and triple 

16   jump; she is also the Houghton Invitational High  

17   Jump Champion; and 

18                "WHEREAS, In addition, this 

19   exceptional athlete has set new Midlakes High 

20   School records in the long jump, triple jump, 

21   high jump, and 300-meter dash, and holds the 

22   Wayne-Finger Lakes all-time high jump record; and 

23                "WHEREAS, The recipient of numerous 

24   awards and honors, Aubrianna Lantrip was 

25   presented with the Rochester Winter All-League 


                                                               1542

 1   Award, the Wayne-Finger Lakes Most Valuable 

 2   Female Athlete Award, and the Section V Class C 

 3   Outstanding Female Field Athlete Award; and 

 4                "WHEREAS, Moreover, Aubrianna 

 5   Lantrip was selected to the All-Greater Rochester 

 6   First Team, and was named both Athlete of the 

 7   Year and All-Star Team member by the Canandaigua 

 8   Daily Messenger; and 

 9                "WHEREAS, Aubrianna Lantrip's 

10   overall performance is outstanding; she was 

11   loyally and enthusiastically supported by family, 

12   fans, friends and the community at large; and 

13                "WHEREAS, Sports competition 

14   instills the values of teamwork, pride and 

15   accomplishment, and Aubrianna Lantrip has clearly 

16   made a contribution to the spirit of excellence 

17   which is a tradition of her community and school; 

18   now, therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to congratulate 

21   student-athlete Aubrianna Lantrip upon the 

22   occasion of capturing First Place in High Jump at 

23   the New York State Indoor Track and Field 

24   Championships; and be it further 

25                "RESOLVED, That a copy of this  


                                                               1543

 1   resolution, suitably engrossed, be transmitted to 

 2   Aubrianna Lantrip."

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Nozzolio.

 5                SENATOR NOZZOLIO:   Mr. President, 

 6   on the resolution.

 7                ACTING PRESIDENT GRIFFO:   On the 

 8   resolution.

 9                SENATOR NOZZOLIO:   Mr. President 

10   and my colleagues, I rise with great pride in 

11   welcoming Aubrianna Lantrip, her mom Lori, her 

12   brother Tyler, here to the proceedings of the 

13   State Senate recognizing Bri's significant 

14   achievements in the field of track and athletic 

15   competition.  

16                That the resolution chronicles her 

17   many accomplishments.  But behind each and every 

18   one of those accomplishments is a series of hard 

19   work and dedication.  Track is a team sport but a 

20   very individual sport.  And these records that 

21   Bri continued to set established herself as the 

22   premier woman athlete in all of the Finger Lakes 

23   region.  

24                Bri is much more than an athlete.  

25   She's indeed a scholar-athlete who will be going 


                                                               1544

 1   to the University of Iowa, a Division I school 

 2   that will certainly enhance the competition that 

 3   she so readily accepts and the challenges, 

 4   athletic challenges, that she enjoys.  

 5                More than that, though, she is a 

 6   wonderful citizen of New York.  One who is 

 7   articulate, dedicated, very caring, respectful, 

 8   and one who I believe will have a wonderful 

 9   future in whatever she chooses to do.  Frankly, 

10   in my experiences with her, I think she would be 

11   a wonderful leader someday, maybe even someone 

12   who when she comes home after her track and field 

13   career is over, to come and be involved in 

14   New York State government and possibly even serve 

15   in this chamber someday.  

16                Mr. President, we are indeed 

17   fighting hard for educational assistance.  But 

18   the product of that assistance, as we deliberate 

19   our budget later today, the product of that 

20   assistance is so well-represented here today, 

21   first with the South Seneca Basketball Team, the 

22   women's state champions, and now with Bri 

23   Lantrip, an indeed state individual champ that is 

24   the pride of the Finger Lakes region.  

25                I am so pleased to have them here 


                                                               1545

 1   today.  Thank you for coming to receive the 

 2   recognition that you women athletes deserve -- 

 3   well deserved.  Congratulations to Bri, to the 

 4   South Seneca Falcons.  

 5                Mr. President, I'm very honored to 

 6   present these resolutions and to have my 

 7   colleagues support them.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Nozzolio.

10                And as indicated, that resolution 

11   was also adopted on March 17th of this year.  

12                We want to congratulate and 

13   recognize Aubrianna Lantrip and her family for 

14   being here.  Best wishes to you.  

15                Please rise and be recognized.

16                (Applause.)

17                ACTING PRESIDENT GRIFFO:   We 

18   extended the privileges and courtesies of the 

19   house.

20                Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   Senator 

22   Nozzolio has also offered this for cosponsorship.

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is open for cosponsorship.  Should you 

25   choose not to be a cosponsor, please notify the 


                                                               1546

 1   desk.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   And now the 

 4   moment that we've all been waiting for.  There's 

 5   an immediate meeting of the Finance Committee in 

 6   Room 332 of this building, the Capitol.

 7                ACTING PRESIDENT GRIFFO:   There 

 8   will be an immediate meeting of the Senate 

 9   Finance Committee in Room 332, an immediate 

10   meeting of the Senate Finance Committee in 

11   Room 332.  

12                The Senate will stand at ease.

13                (Whereupon, the Senate stood at ease 

14   at 4:26 p.m.)

15                (Whereupon, the Senate reconvened at 

16   4:50 p.m.)

17                ACTING PRESIDENT GRIFFO:   The 

18   Senate will return to order.  

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:   Yes, 

21   Mr. President, is there a report from the 

22   Finance Committee at the desk?  

23                ACTING PRESIDENT GRIFFO:   There is 

24   a report of the Finance Committee before the 

25   desk.  


                                                               1547

 1                I will have the Secretary read.

 2                THE SECRETARY:   Senator Young, from 

 3   the Committee on Finance, reports the following 

 4   bills:  

 5                Senate Print 6405C, Senate Budget 

 6   Bill, an act intentionally omitted; 

 7                Senate 6407C, Senate Budget Bill, an 

 8   act intentionally omitted; 

 9                And Senate 6408C, Senate Budget 

10   Bill, an act intentionally omitted.

11                All bills reported direct to third 

12   reading.

13                SENATOR DeFRANCISCO:   Can we please 

14   call up Calendar 514.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   DeFrancisco, I'll entertain a motion to accept 

17   the Committee on Finance report.

18                SENATOR DeFRANCISCO:   I definitely 

19   want to do that, yes.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1548

 1   Committee on Finance report is accepted and 

 2   before the house.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Now I'd like 

 5   to take up Number 514 on the calendar and ask if 

 6   there's a message of necessity at the desk.

 7                ACTING PRESIDENT GRIFFO:   We're 

 8   going to have a substitution on that first, 

 9   Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   We are?  I 

11   didn't know that.

12                (Laughter.)

13                ACTING PRESIDENT GRIFFO:   The 

14   Secretary will read.

15                THE SECRETARY:   Senator Young moves 

16   to discharge, from the Committee on Finance, 

17   Assembly Bill Number 9005C and substitute it for 

18   the identical Senate Bill 6405C, Third Reading 

19   Calendar 514.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered.

22                There is a message of necessity 

23   before the desk, Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   And there is 

25   on the substituted bill as well?  


                                                               1549

 1                ACTING PRESIDENT GRIFFO:    

 2   Absolutely.

 3                SENATOR DeFRANCISCO:   All right.  

 4   That's good.  Could you call that bill up?  

 5                ACTING PRESIDENT GRIFFO:   Okay, 

 6   I'll entertain a motion on the message.  All in 

 7   favor signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   message of necessity is accepted, and the 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   514, Assembly Budget Bill, Assembly Print 9005C, 

16   an act intentionally omitted.

17                SENATOR GIANARIS:   Lay it aside.

18                ACTING PRESIDENT GRIFFO:   Lay the 

19   bill aside.

20                THE SECRETARY:   Calendar Number 

21   515, Senate Budget Bill, Senate Print 6407C, an 

22   act intentionally omitted.

23                ACTING PRESIDENT GRIFFO:   There is 

24   a message of necessity before the desk.  All in 

25   favor of accepting the Governor's message of 


                                                               1550

 1   necessity signify by saying aye.

 2                (Response of "Aye.")

 3                ACTING PRESIDENT GRIFFO:   Opposed?  

 4                (No response.)

 5                ACTING PRESIDENT GRIFFO:   The 

 6   message is accepted.

 7                Read the last section.

 8                SENATOR GIANARIS:   Lay it aside.

 9                ACTING PRESIDENT GRIFFO:   Lay the 

10   bill aside.

11                THE SECRETARY:   Calendar Number 

12   516, Senate Budget Bill, Senate Print 6408C, an 

13   act intentionally omitted.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a message of necessity at the desk.  All in favor 

16   of accepting the Governor's message of necessity 

17   signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   message is accepted.

23                SENATOR GIANARIS:   Lay it aside.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is laid aside.


                                                               1551

 1                Senator DeFrancisco, that completes 

 2   the noncontroversial reading.

 3                SENATOR DeFRANCISCO:   Yes, would 

 4   you now take up the controversial reading.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will ring the bell.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   514, Assembly Budget Bill, Assembly 9005C, an act 

10   intentionally omitted.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gianaris.

13                SENATOR GIANARIS:   Mr. President, I 

14   believe there's an amendment at the desk.  I ask 

15   that the reading of the amendment be waived and 

16   that Senator Squadron be heard on the amendment.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Gianaris, I've reviewed the amendment that is 

19   before the desk and rule it out of order.  

20   Therefore, I will call upon Senator Squadron.

21                SENATOR SQUADRON:   Thank you, 

22   Mr. President.  

23                My amendment to this legislation is 

24   germane.  It maintains the same purpose and 

25   addresses the same areas of law as in this 


                                                               1552

 1   underlying bill.  As everyone in this house 

 2   knows, the underlying bill impacts a great number 

 3   of laws.  

 4                I do understand why the President 

 5   may have made his ruling in error in this 

 6   instance, since this year the Governor's proposal 

 7   to dramatically alter ethics and campaign finance 

 8   reform in the State of New York was not 

 9   originally proposed in this bill.  It was 

10   originally proposed in S6411, Part A in 

11   particular, when we talk about the item in the 

12   hostile amendment closing the LLC loophole.

13                However, Mr. President, this very 

14   provision was in the equivalent bill last year in 

15   the 2015 budget, which I think is in and of 

16   itself an argument that it is germane.  

17                It's also an argument that Albany 

18   has done nothing to curb the crisis of ethics and 

19   integrity that has gripped the Capitol and the 

20   state for the last year and more.

21                The relevance of this is that since 

22   this time last year, the former leaders of both 

23   houses of the Legislature have been convicted of 

24   public corruption crimes, federal crimes, both of 

25   which made specific mention of the LLC loophole.  


                                                               1553

 1                The relevance is the need, in 

 2   passing a budget of more than $150 billion, to 

 3   make a true effort to reestablish the faith of 

 4   the people of this state in the work we are doing 

 5   and the money we are spending.

 6                A budget is a statement of values 

 7   and principles.  It is also the Legislature 

 8   making choices with other people's money, with 

 9   the taxpayers' dollars.  And to do so without 

10   also addressing the taxpayers' ability to have 

11   faith in the independence of this government is 

12   an enormous mistake.

13                Now, it's an enormous mistake that 

14   was made last year as well.  And to all my 

15   colleagues, the hour is not yet late, but 

16   something tells me it will be soon enough.  And 

17   so if you've heard me say this before and you 

18   wish maybe we could get past this part of our 

19   annual festivities, I apologize.  But we continue 

20   do that.  We cannot stand silently as we pass 

21   another budget while we still have the LLC 

22   loophole in effect in this state.

23                For any of who you are new this 

24   year, the LLC loophole was opened through a 

25   decision made by the Board of Elections that 


                                                               1554

 1   contravened the purpose and letter of the law, 

 2   that allows limited liability companies to be 

 3   treated as individuals under the Election Law.  

 4   What that means is that limited liability 

 5   companies can be used by individuals to 

 6   contribute unlimited sums of the money into the 

 7   political process.  Even though we have an 

 8   Election Law that very clearly is meant to limit 

 9   the number of dollars folks can contribute.  

10                It means that limited liability 

11   companies can be used to shield the source of 

12   those dollars, as we saw in the Southern District 

13   courthouses in my district over the course of the 

14   last year, even though the Election Law is clear 

15   that the source of contributions is a critical 

16   part of the political process.

17                The limited liability company 

18   loophole has been roundly criticized by editorial 

19   boards across the state.  This is not an issue 

20   that starts and ends in Manhattan or in New York 

21   City or in Long Island, in the downstate region.  

22   Papers across the state, in every region of the 

23   state, have editorialized against it because of 

24   its corrupting influence.

25                In fact, my office did a report last 


                                                               1555

 1   fall on the LLC loophole, and we found some 

 2   interesting facts.  The median LLC contribution 

 3   was almost six times higher than the median 

 4   individual contribution.  LLCs were nine times 

 5   more likely to contribute between $5,000 and 

 6   $10,000 than individuals, and eight times more 

 7   likely to contribute between $10,000 and $50,000.  

 8   That's before you even link the multiple sources 

 9   that often appear to be disparate because of the 

10   ability of the LLC to mask the source.  

11                In fact, 22 different LLCs 

12   contributed nearly $2 million listing 1200 Union 

13   Turnpike in New Hyde Park as a contribution 

14   address.  In total, there were 586 LLCs that 

15   contributed over $5,000 -- the corporate limit, 

16   the limit that would apply to corporate giving 

17   which is allowable under the Election Law and is 

18   clearly how LLCs -- one of the ways that LLCs 

19   could be addressed.

20                In fact, one limited liability 

21   company contributed and provided the following 

22   address:  123 IDK, Buffalo, New York.  I've spent 

23   some time in Buffalo, and it's a wonderful city.  

24   I do not believe that 123 IDK is an address in 

25   Buffalo.  If any of my colleagues from Western 


                                                               1556

 1   New York would like to correct me, that would 

 2   create a brief, brief moment of levity in an 

 3   issue that really does not merit any.

 4                There's no question that this state 

 5   government, this legislature, this house needs to 

 6   communicate what we all know is true, which is 

 7   the majority of us, the majority of elected 

 8   officials are here because we believe in public 

 9   service, because we care about our constituents 

10   and our communities.  

11                There is no better way to send that 

12   message than to close the LLC loophole.  That was 

13   true last year before it had appeared in federal 

14   courthouses, and it is even more true this year.  

15   It's the reason the Governor proposed it.  

16   However, this house is not just going to fail to 

17   pass it, this house has failed to even allow it 

18   to the floor for a vote.

19                So I have to apologize because 

20   you're going to hear the same thing from me again 

21   and again and again until this loophole is 

22   closed, until I can go to my constituents and all 

23   of us can go to their constituents and say an 

24   egregious error that allows small numbers of 

25   heavily funded interests to have an outsized 


                                                               1557

 1   influence in our state government while masking 

 2   who they are is no longer possible.

 3                You should not need to be Sherlock 

 4   Holmes to follow the money in New York State 

 5   politics.  You should not need to be a broken 

 6   record to do something that we all know is the 

 7   right thing to do.  

 8                I urge folks to vote to overrule the 

 9   chair about the relevance of this amendment.  

10   There's no question, if you look at the history 

11   of this very provision in this bill, it's 

12   relevant.  There's no question that were we to 

13   attach this, it would pass without delaying the 

14   budget, since we know the Assembly and the 

15   Governor both support it.  It is doable.  It is 

16   solvable.  We need 32 votes to overrule my good 

17   friend sitting in the chair, and we can close 

18   this once and for all.  And you know what?  The 

19   headlines tomorrow across the state will be:  In 

20   a shocker, Albany has stood up against 

21   corruption, for reform, despite all of the 

22   institutional interests that oppose that.  

23                For that reason, I urge everyone to 

24   vote with me and overrule the ruling of the 

25   chair.


                                                               1558

 1                Before I finish, I would like to 

 2   point out there are other ethics reforms in the 

 3   Governor's package that are also not being 

 4   addressed here:  Limited outside income for 

 5   members of the Legislature; implementing campaign 

 6   finance reform; dealing with pensions of 

 7   convicted lawmakers.  None of those issues are 

 8   being dealt with either.  It is a shame.  It is a 

 9   discouraging way to start this budget.  And 

10   hopefully between now and the end, whenever the 

11   end is, we will solve it.  I urge you to join me 

12   in voting to overrule the ruling of the chair.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Squadron.  

16                Senator Gianaris has appealed the 

17   ruling of the chair.  Senator Squadron has been 

18   heard on that appeal.  All in favor of overruling 

19   the ruling of the chair signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?

22                SENATOR GIANARIS:   Show of hands, 

23   please.

24                ACTING PRESIDENT GRIFFO:   A show of 

25   hands has been requested and so ordered.


                                                               1559

 1               Announce.

 2                THE SECRETARY:   Ayes, 25.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   ruling of the chair is sustained.

 5                The bill is before the house.

 6                Senator Gianaris.

 7                SENATOR GIANARIS:   Mr. President, I 

 8   believe there's another amendment at the desk.  I 

 9   ask that the reading of this amendment be waived 

10   and that Senator Krueger may be heard on the 

11   amendment.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Gianaris, upon review of the amendment that has 

14   been submitted, I view it and rule it not germane 

15   to the bill and as accordingly out of order.

16                SENATOR GIANARIS:   I would like to 

17   appeal from the decision of the chair and ask 

18   that Senator Krueger be heard on the appeal.

19                ACTING PRESIDENT GRIFFO:   An appeal 

20   is so requested and Senator Krueger so 

21   recognized.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.

24                Like my colleague before me, I am 

25   convinced that my amendment to the budget bill is 


                                                               1560

 1   germane because it does not unreasonably expand 

 2   the object of the underlying bill, maintains the 

 3   same purpose, and addresses the same areas of 

 4   law.  

 5                My amendment offered today would add 

 6   or allow the addition of $285 million for 

 7   allocation to cities, towns and villages through 

 8   the Aid and Incentives for Municipalities program 

 9   under Local Government Assistance in the Public 

10   Protection and General Government Article VII 

11   bill.

12                This program, known as AIM, is 

13   probably the most effective property tax relief 

14   program in the history of the state, and when 

15   sufficiently funded, it has effectively 

16   suppressed the growth of municipal property tax 

17   levies.  

18                Under my amendment, AIM funding 

19   would increase by nearly 40 percent, compared to 

20   current funding in the next fiscal year.  By the 

21   way, we have in the past funded AIM at a 

22   significantly higher level than we are funding it 

23   this year, including more money than this 

24   amendment proposes.  And of course we ended AIM 

25   for New York City several years ago, promising to 


                                                               1561

 1   give it back but never giving it back.

 2                AIM funding has provided significant 

 3   municipal property tax relief since local 

 4   governments across the state are under immense 

 5   fiscal stress due to unfunded mandates, the 

 6   aftermath of the Great Recession, a declining 

 7   property tax base, and now a 2 percent cap on 

 8   property tax levies -- or less, depending on the 

 9   previous year's CPI.  In fact, this year the 

10   growth in property tax under the cap is 

11   minuscule.

12                So growth in AIM funding is more 

13   critical now than ever.  The time has come to 

14   restore AIM funding.  And I believe that if we 

15   were to support this amendment to this specific 

16   bill, we would be applauded throughout the state 

17   by counties, towns and localities.

18                Now, I sat through the budget 

19   hearings with my colleagues, many of them here, 

20   but specifically with Chair Cathy Young, through 

21   95 hours of budget hearings.  And I can't even 

22   tell you how many different people testified 

23   about the desperate need for additional state 

24   funding to localities so that they could meet 

25   their basic needs.  Each and every one of us has 


                                                               1562

 1   constituent local governments, county 

 2   governments, municipal governments who have 

 3   pleaded with us just to share a reasonable amount 

 4   of AIM funding with them at home.

 5                The whole concept is revenue 

 6   sharing.  Most of our localities have no ability 

 7   to tax themselves, other than through the 

 8   property tax system, without our permission.  

 9   They are limited in what they can draw from 

10   property taxes, both through policy and through 

11   the local politics of the reality.

12                The State of New York has, year 

13   after year, been expanding our budget while 

14   reducing the amount we give to our localities.  

15   To some degree, we balance our budget on the 

16   backs of our local governments not getting 

17   adequate funding from us.  This would be a tiny 

18   step in the right direction in a budget 

19   anticipated to be over $150 billion.

20                I will note, but I will go back to 

21   it later, that we are being provided on our desks 

22   a projected spending finance plan for the 

23   State Budget, which I find a little ironic 

24   because we don't have any of the appropriation 

25   bills even have moved through LRS.  So how can we 


                                                               1563

 1   possibly know, as we discuss the appropriation 

 2   bill tonight, what the actual revenue for the 

 3   State of New York, what the actual projected 

 4   expenditures for the State of New York are?  

 5                As is often the case when we deal 

 6   with the budget, we take things out of order, we 

 7   don't learn the information until literally when 

 8   we're asked to vote on it.  And tonight we're 

 9   being handed a document that purports to show us 

10   some of the key numbers of the State Budget 

11   without even having those bills exist.  It's a 

12   tad confusing.  

13                But I digress.  To go back to the 

14   importance of my amendment, in a budget that will 

15   conceivably be, according to this document 

16   without backup yet, $155.6 billion -- 

17   $155.6 billion -- you'd think we could come up 

18   with a little extra money for our localities who 

19   are so desperate for it through an increase in 

20   the AIM funding.

21                I am hoping that my colleagues will 

22   join me in agreeing this is not only critically 

23   germane but absolutely one of the right things 

24   for us to be doing here before we complete the 

25   budget process.


                                                               1564

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Krueger.

 4                The question is on the ruling of the 

 5   chair for procedural purposes.  All those in 

 6   favor of overruling the chair signify by saying 

 7   aye.

 8                SENATOR GIANARIS:   Show of hands, 

 9   please.

10                ACTING PRESIDENT GRIFFO:   A show of 

11   hands has been requested and so ordered.  

12                Announce.

13                THE SECRETARY:   Ayes, 25.

14                ACTING PRESIDENT GRIFFO:   The 

15   chair's ruling stands.

16                The bill is before the house.

17                Senator Squadron.

18                SENATOR SQUADRON:   Thank you, 

19   Mr. President.  If the sponsor would yield.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Young, do you yield for a question from Senator 

22   Squadron?

23                SENATOR YOUNG:   Yes.  Yes, I yield.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields. 


                                                               1565

 1                Senator Squadron, I think we have an 

 2   issue with your mic there, if somebody can --

 3                SENATOR SQUADRON:   No, it's off.  

 4   Thank you.  I think I'm okay.  Okay, thank you.  

 5   I thank the sponsor.  I think the microphone 

 6   issue is dealt with.  

 7                I would ask, are any of the 

 8   provisions of the Governor's proposal from 6411, 

 9   the good government and ethics reform proposal, 

10   included in this bill before us, the Public 

11   Protection and General Government bill before us?

12                SENATOR YOUNG:   Actually, I'd like 

13   to start out by just giving a general overview of 

14   what is in the budget.  

15                And this budget actually is a very 

16   good document because it stays within the 

17   2 percent spending cap.  This house and state 

18   government has been very fiscally responsible and 

19   accountable over the past several years by 

20   staying within the spending cap.  And basically, 

21   we increase the spending by $296.2 billion, or 

22   2 percent.  So it's right on target.

23                The budget also includes all kinds 

24   of very positive aspects that are important to 

25   the people of New York State.  For example, in 


                                                               1566

 1   education, there's approximately $25 billion in 

 2   school aid statewide -- that is a record -- on 

 3   behalf of the children of New York State, their 

 4   learning opportunities and their future.

 5                There's a school aid increase of 

 6   more than $1.4 billion from fiscal year 2016.  We 

 7   completely eliminate the Gap Elimination school 

 8   aid cuts that unfortunately were imposed in this 

 9   house in 2009 and 2010.  The Senate Republican 

10   Majority has worked extraordinarily hard to get 

11   rid of the GEA, and we do that this year:  Over a 

12   billion-dollar increase in operating aid for 

13   education from fiscal year 2016.

14                We also take action on behalf of the 

15   hardworking overburdened taxpayers of New York 

16   State.  There's included $1 billion in tax cuts 

17   that is targeted at middle-class families, 

18   middle-class earners --

19                SENATOR GIANARIS:   Mr. President -- 

20   I'm sorry, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Gianaris.

23                SENATOR GIANARIS:   I'm sorry, but 

24   it appears that this answer is not connected 

25   either to the question presented or to the bill 


                                                               1567

 1   before us.  I think Senator Young is discussing 

 2   things that --

 3                ACTING PRESIDENT GRIFFO:   I think, 

 4   Senator Gianaris, the sponsor said she wanted to 

 5   give some background before she got to the 

 6   question.  So we'll allow that and then let her 

 7   get to the question.

 8                SENATOR GIANARIS:   Okay.  It just 

 9   would help us all move the debate along if the 

10   answers were relevant and were actually related 

11   to a bill that we've seen, which these answers 

12   are not.

13                SENATOR YOUNG:   Mr. President, I 

14   think it's extremely relevant to outline what is 

15   included in this State Budget.  

16                So on behalf of the hardworking 

17   overburdened taxpayers in New York State, there's 

18   a billion dollars in tax cuts that are targeted 

19   at middle-class families, middle-class earners.  

20   And this is real tax relief for real people.  

21                On top of that, there is 

22   $2.7 billion in funding for STAR and Enhanced 

23   STAR.  And how we all know in this room how 

24   important it is to provide significant property 

25   tax relief for homeowners across the state.


                                                               1568

 1                Under Health and Mental Hygiene, so 

 2   many of our colleagues have come to me, to 

 3   others; we have a task force that is dealing with 

 4   the heroin and opioid addiction crisis that we 

 5   see in every community, every corner of this 

 6   state.  It has affected so many families, so many 

 7   individuals.  And under the enacted budget, it 

 8   will include an additional $25 million for 

 9   expansion of treatment, recovery and prevention 

10   services for heroin and opioid use and addiction 

11   disorders, for a total of $166 million.

12                We also direct $200 million for 

13   statewide healthcare capital to benefit 

14   community-based providers.  That will ensure that 

15   we have access to quality healthcare across the 

16   state.

17                And we also make critical public 

18   health investments in organ donation awareness, 

19   women's health, and Lyme disease prevention.

20                Under Higher Education -- and I can 

21   hear students and parents cheering across the 

22   state -- there will be no tuition increase this 

23   year.  

24                For Transportation, there's a 

25   $25.1 billion commitment for a multiyear DOT 


                                                               1569

 1   capital plan that includes additional funds for 

 2   roads and bridges, non-MTA upstate and downstate 

 3   transit --

 4                SENATOR GIANARIS:   Mr. President, 

 5   would the sponsor yield for a question?

 6                SENATOR YOUNG:   -- rail freight and 

 7   aviation.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Gianaris, why do you rise?

10                SENATOR GIANARIS:   Would the 

11   sponsor yield for a question?

12                SENATOR YOUNG:   When I finish.  

13   When I finish.

14                ACTING PRESIDENT GRIFFO:   She will 

15   yield upon completion of --

16                SENATOR GIANARIS:   Of whatever it 

17   is she's doing?

18                ACTING PRESIDENT GRIFFO:   She's 

19   giving a summary of --

20                SENATOR YOUNG:   I'm almost done, 

21   Senator Gianaris.  I'm just going over --

22                SENATOR GIANARIS:   We're only 

23   getting started.  We're not almost done, Senator 

24   Young.

25                SENATOR YOUNG:   And finally --


                                                               1570

 1                ACTING PRESIDENT GRIFFO:   I would 

 2   ask all members to please observe decorum and 

 3   respect.  

 4                Senator Young.

 5                SENATOR GIANARIS:   (Inaudible.)

 6                SENATOR YOUNG:   And finally, under 

 7   Environment -- clean air, clean water, protect 

 8   our natural resources -- there's $200 million in 

 9   new funds for water quality improvement programs.  

10   This brings total spending on water 

11   infrastructure to $400 million.  And that's a 

12   $123 million increase to the Environmental 

13   Protection Fund from last year, to bring total 

14   EPF spending to $300 million.

15                And at this point I would be very 

16   happy to yield for some questions.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Squadron has the floor.  He had the question 

19   posed.

20                SENATOR SQUADRON:   It's the same 

21   question, now it has hundreds -- over 

22   $100 billion in taxpayer money being spent behind 

23   it, much of which is not in this bill and is not 

24   in the light of day or something anyone in this 

25   state, except for the so-called three men in a 


                                                               1571

 1   room, are aware of.

 2                So in that context, I think the 

 3   question is even more significant.  With all the 

 4   taxpayer spending in this bill, is there anything 

 5   to increase integrity or people's faith in our 

 6   state government?  

 7                SENATOR YOUNG:   Through you, 

 8   Mr. President, as we know in this chamber, we 

 9   passed ethics reforms in our one-house budget 

10   that included stripping pensions from public 

11   officials who are convicted of felonies.  And 

12   also we had term limits for leaders that was 

13   included.  

14                Unfortunately, during budget 

15   negotiations those major reforms were not in the 

16   final budget.

17                SENATOR SQUADRON:   I yield the 

18   floor to Senator Gianaris.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Gianaris.

21                SENATOR GIANARIS:   Would the 

22   sponsor yield?  

23                ACTING PRESIDENT GRIFFO:   Does the 

24   sponsor yield?  

25                SENATOR YOUNG:   Yes.


                                                               1572

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR GIANARIS:   I heard the 

 4   thorough summary that the sponsor gave just a few 

 5   minutes ago, and I'm wondering whether she was 

 6   announcing a budget deal for all of us or if 

 7   those bills exist in some manner that we can look 

 8   at all these wonderful provisions she cited in 

 9   her summary.  Or if the sponsor is privy to 

10   information that nobody else is.

11                SENATOR YOUNG:   Through you, 

12   Mr. President, these are the items that will be 

13   included in the final budget, and those will be 

14   coming to us by messages of necessity.

15                SENATOR GIANARIS:   Would the 

16   sponsor continue to yield?  

17                SENATOR YOUNG:   Certainly.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR GIANARIS:   Are those 

21   provisions in any of the three bills before this 

22   house that were accepted in the Finance Committee 

23   report?  

24                SENATOR YOUNG:   Through you, 

25   Mr. President, as I said, I wanted to give an 


                                                               1573

 1   overview of the budget as we kicked off the 

 2   deliberation process and began voting on the 

 3   budget bills.  And those are the items that I 

 4   wanted to highlight.

 5                SENATOR GIANARIS:   Would the 

 6   sponsor continue to yield?  

 7                SENATOR YOUNG:   Of course.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR GIANARIS:   Is it the 

11   sponsor's intention that this body should 

12   discuss, debate, and vote on provisions that none 

13   of us have seen on a piece of paper, none of us 

14   have seen in our new tablets, or none of us have 

15   had the ability to review or have a deliberation 

16   on?

17                SENATOR YOUNG:   Through you, 

18   Mr. President.  Again, these are the elements of 

19   the budget that you will -- that we will be 

20   passing, and we are going to push hard to get the 

21   people's work done in a timely manner.

22                SENATOR GIANARIS:   Would the 

23   sponsor continue to yield?  

24                SENATOR YOUNG:   Of course.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1574

 1   sponsor yields.

 2                SENATOR GIANARIS:   Is it the 

 3   sponsor's contention that there are bills that 

 4   are currently being drafted that no one has seen 

 5   that will contain those provisions, or is this 

 6   just her opinion of what she would like to see in 

 7   the budget?  

 8                SENATOR YOUNG:   Through you, 

 9   Mr. President, these are items that we are 

10   pushing to have in the final budget, and I am 

11   confident that they will be there.

12                SENATOR GIANARIS:   Would the 

13   sponsor continue to yield?  

14                SENATOR YOUNG:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR GIANARIS:   What is the 

18   source of the sponsor's confidence that they will 

19   be in the final budget?  

20                SENATOR YOUNG:   The source of the 

21   confidence is that we have been working closely 

22   with the Assembly and the Governor in a 

23   bipartisan way to come up with a final budget 

24   agreement.

25                SENATOR GIANARIS:   Will the sponsor 


                                                               1575

 1   continue to yield?  

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Gianaris, the sponsor yields.

 5                SENATOR GIANARIS:   I understand 

 6   that there have been discussions going on.  I 

 7   also understand that the discussions, by public 

 8   reports, have been on and off various times.  I'm 

 9   also aware that there were members of the 

10   majority conference who came out of your recent 

11   conference saying there were no deals on many of 

12   the issues you just pointed out were part of the 

13   budget.  

14                So I'm wondering, on behalf of not 

15   only my conference, but on behalf of the public, 

16   who is dying to know what's going to be in this 

17   budget if we ever get to see it, where does the 

18   confidence that those provisions will be in a 

19   budget that's yet to be printed come from?  

20                SENATOR YOUNG:   Through you, 

21   Mr. President, these are items that have been 

22   negotiated, and I have a lot of faith.

23                ACTING PRESIDENT GRIFFO:   Let me 

24   remind everyone, we do have a bill before us.  I 

25   did give some flexibility because Senator Young 


                                                               1576

 1   had asked to explain generally the budget 

 2   process.  I allowed that before she answered 

 3   Senator Squadron's question.  

 4                Senator Gianaris, I have allowed you 

 5   to ask some questions.  You need to be germane 

 6   now, in accordance with Rule 10 --

 7                SENATOR GIANARIS:   If we're going 

 8   to be germane, we can both be germane.  You can't 

 9   do that.

10                ACTING PRESIDENT GRIFFO:   I gave 

11   you --

12                SENATOR GIANARIS:   -- 

13   (inaudible) --

14                ACTING PRESIDENT GRIFFO:   -- some 

15   opportunity.

16                SENATOR GIANARIS:   -- 

17   (inaudible) -- 

18                ACTING PRESIDENT GRIFFO:   -- and I 

19   gave them some opportunity, Senator Gianaris.  

20   Senator Gianaris {gaveling} --

21                SENATOR GIANARIS:   You can bang the 

22   gavel all you want, Senator Griffo --

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Gianaris, you're out of order.

25                SENATOR GIANARIS:   -- this is not a 


                                                               1577

 1   one-way --

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Gianaris, you're out of order.  Please take your 

 4   seat.

 5                SENATOR GIANARIS:   I will not -- 

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Gianaris, please take your seat.

 8                SENATOR GIANARIS:   Will the sponsor 

 9   yield.

10                SENATOR DeFRANCISCO:   Excuse me.  

11   Let's calm down a little bit, both sides.  And I 

12   would like to see Senator Gianaris's further 

13   questions, and hopefully we can move to the point 

14   and get on with this at a reasonable hour.

15                SENATOR GIANARIS:   Thank you, 

16   Senator DeFrancisco.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Young, do you yield?  

19                SENATOR YOUNG:   Yes.

20                SENATOR GIANARIS:   My final 

21   question on this topic, Mr. President, is whether 

22   the sponsor would like to share with us the 

23   document she's reading from that outlines the 

24   budget provisions that none of us have seen so 

25   that we could fairly evaluate what she tells us 


                                                               1578

 1   is going to be in the final budget.

 2                SENATOR YOUNG:   Through you, 

 3   Mr. President, this is a list of items that I put 

 4   together that I believe will be highlights in the 

 5   final budget.

 6                SENATOR GIANARIS:   And would the 

 7   sponsor be willing to share that with us so we 

 8   can all have that available to us as we discuss 

 9   the budget?  

10                SENATOR YOUNG:   Of course I will.

11                SENATOR GIANARIS:   Thank you very 

12   much.

13                SENATOR YOUNG:   Thank you.  

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Squadron.

16                SENATOR SQUADRON:   Thank you, 

17   Mr. President.  

18                In this bill -- we've heard a lot 

19   about what's in it -- is there anything that 

20   establishes limits on outside income for members 

21   of the State Legislature, as the Governor 

22   proposed in his campaign finance and ethics 

23   reform bill, Part B?  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Squadron, are you asking Senator Young to yield?  


                                                               1579

 1                SENATOR SQUADRON:   Forgive me.  I 

 2   forgot that we had not established that.  If the 

 3   sponsor would yield.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Young, will you yield?

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Squadron.

 9                SENATOR SQUADRON:   And I'll repeat 

10   the question.  

11                Through you, Mr. President.  Is 

12   there anything in this bill that establishes 

13   limits on outside income for members of the State 

14   Legislature as proposed in Part B of the 

15   Governor's campaign finance and ethics reform 

16   Article VII proposal?  

17                SENATOR YOUNG:   So through you, 

18   Mr. President, I'm going to defer to the point in 

19   time when those issues actually would have been 

20   included, because they would not have been under 

21   the Public Protection part of the budget which we 

22   are considering right now.

23                As I said, as Finance chair, I gave 

24   an overview of highlights that I believe will be 

25   in the final budget.  Right now we are 


                                                               1580

 1   considering the Public Protection part of the 

 2   budget, and I would be very happy to answer any 

 3   questions you may have about Public Protection.

 4                SENATOR SQUADRON:   If the sponsor 

 5   will continue to yield.

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   Is Part C of the 

10   Governor's ethics proposal, which implemented 

11   various campaign finance reforms, in this bill?  

12                SENATOR YOUNG:   Same answer.

13                SENATOR SQUADRON:   If the sponsor 

14   would continue to yield.

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR SQUADRON:   Soft money 

19   housekeeping limit, is that in this bill?  

20                SENATOR YOUNG:   Through you, 

21   Mr. President, I would be happy to answer any 

22   questions on the Public Protection part of the 

23   budget.  My colleague seems to be asking about 

24   other areas of the budget right now.

25                And so I'd be glad to answer 


                                                               1581

 1   anything about Public Protection, and I'm hopeful 

 2   that he can come up with a question regarding 

 3   that issue.

 4                SENATOR SQUADRON:   If the sponsor 

 5   would continue to yield.

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   When is the 

10   appropriate time to discuss ethics reforms that 

11   were proposed by the Governor as part of the 

12   budget and not introduced by the leadership of 

13   this house?  

14                SENATOR YOUNG:   It's not under the 

15   Public Protection part of the budget which we are 

16   considering right at the moment.

17                SENATOR SQUADRON:   If the sponsor 

18   will continue to yield.  

19                SENATOR YOUNG:   Yes.

20                ACTING PRESIDENT GRIFFO:   The 

21   sponsor yields.

22                SENATOR YOUNG:   If it's about 

23   Public Protection.

24                SENATOR SQUADRON:   In prior years, 

25   were the provisions I discussed included in the 


                                                               1582

 1   Public Protection and General Government budget 

 2   proposal?  

 3                SENATOR YOUNG:   We are not -- 

 4   through you, Mr. President, we are not looking at 

 5   other years right now, we are looking at this 

 6   year.

 7                SENATOR SQUADRON:   If the sponsor 

 8   will continue to yield.

 9                SENATOR YOUNG:   If it's about 

10   Public Protection.  If not, I will not.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Squadron, is your question relative to Public 

13   Protection?  

14                SENATOR SQUADRON:   Mr. President, I 

15   believe all of my questions have been relevant to 

16   Public Protection, and I will continue to --

17                SENATOR YOUNG:   Mr. President, 

18   point of order.  Point of order.  

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Young, what is your point of order?  

21                SENATOR YOUNG:   We are talking 

22   about the Public Protection portion of the 

23   budget.  I have yet to hear one question about 

24   any element about the Public Protection portion 

25   of the budget that is before the house.  And I 


                                                               1583

 1   will be happy to answer any questions regarding 

 2   that bill that is before us.  Otherwise, if it's 

 3   about off-topics, other topics, then I 

 4   unfortunately will not be able to yield.

 5                ACTING PRESIDENT GRIFFO:   So, 

 6   Senator Squadron, do you choose to speak on the 

 7   bill based upon that?

 8                SENATOR SQUADRON:   Point of order.

 9                ACTING PRESIDENT GRIFFO:   Point of 

10   order, Senator Squadron.  What is your point of 

11   order?  State it.

12                SENATOR SQUADRON:   As I understand 

13   the customs of this house, when a bill sponsor or 

14   any member speaking on the floor raises a topic 

15   or an issue, it is appropriate to pursue that 

16   topic or issue for someone else questioning.  

17   Much as we do not name members on the floor 

18   unless a member is named or speaks themselves, at 

19   which point it becomes appropriate.

20                So since these topics were raised, 

21   it seems to me they are appropriate and germane 

22   to the bill.  

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Squadron, an opportunity was presented before on 

25   an amendment.  You were heard on that amendment.  


                                                               1584

 1   It was ruled nongermane, and the ruling of the 

 2   chair was given and sustained.  

 3                Therefore, the sponsor of this 

 4   particular bill, the chair of the Finance 

 5   Committee, has indicated she will take questions 

 6   specific to the bill before the house, which is 

 7   specifically on Public Protection.  

 8                So accordingly, I would ask you to 

 9   pursue that line of questioning or speak on the 

10   bill.

11                SENATOR SQUADRON:   Mr. President.  

12   Mr. President, if the sponsor would yield.

13                SENATOR YOUNG:   I will yield if 

14   it's on Public Protection of this year's budget.

15                SENATOR SQUADRON:   Mr. President, 

16   through you, an attempt within the narrow 

17   parameters, I would like to speak about the 

18   debate in this house between myself and the 

19   sponsor of this bill on the one-house budget that 

20   went before this house.  

21                Does the sponsor agree with me that 

22   asking that question would be appropriate and 

23   germane?  

24                SENATOR YOUNG:   We are discussing 

25   the bill before the house.  And I will no longer 


                                                               1585

 1   yield, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Squadron, do you wish to speak on the bill?  

 4                SENATOR SQUADRON:   On the bill, 

 5   Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Squadron on the bill.

 8                SENATOR SQUADRON:   Mr. President, 

 9   no amount of discussion about provisions that are 

10   not in this bill, that have not been made public, 

11   and that may or may not end up in enacted budget, 

12   will distract from the underlying fact that the 

13   leadership of this house has put before us a 

14   budget that has no ethics reform or public 

15   integrity provisions at all, despite the fact 

16   that they were proposed by the Governor.

17                No amount of unwillingness to 

18   discuss the budget will justify a refusal to talk 

19   about a significant part of the Governor's budget 

20   proposal.  The provisions in that proposal will 

21   never be before this house because the leadership 

22   of this house refuses to call them up for a vote.  

23   So by refusing to answer questions relevant to 

24   the provisions of law that are amended by this 

25   bill, that are relevant to a history of how we 


                                                               1586

 1   have -- of this bill in prior years, does not 

 2   justify -- does not justify refusing to engage a 

 3   critical issue.  I understand it's an 

 4   uncomfortable issue.  It's uncomfortable after 

 5   the year Albany has had to refuse to talk about 

 6   ethics reform.  It's uncomfortable, after what 

 7   we've seen, to refuse to talk about closing the 

 8   LLC loophole.  But it is germane.  It's germane 

 9   to the overall budget process, which is where 

10   this conversation started, and it's germane to 

11   this very bill.

12                If the sponsor or the Majority would 

13   commit to a robust discussion on the Governor's 

14   ethics reform proposal, I would be happy to sit 

15   down, yield, and deal with that debate when the 

16   bill comes up.  But the sponsor and the Majority 

17   know full well that will never happen.  

18                The hope here is that this 

19   uncomfortable portion of the budget debate comes 

20   and goes as quickly as possible, and all of the 

21   other things that may or may not end up in the 

22   budget, all of the other ways in which the 

23   taxpayers' money is getting spent, will distract 

24   from an underlying flaw, which is public 

25   integrity and ethics are being erased from this 


                                                               1587

 1   budget and now erased from debate on the floor.  

 2                I promised a few moments ago that 

 3   you would keep hearing from me on this.  I was 

 4   hoping that a robust debate on this issue would 

 5   be it for the year.  However, absent the debate, 

 6   I guess I just have to keep talking to you, 

 7   Mr. President.

 8                It's extraordinary that we have a 

 9   budget that's supposed to have so much that it 

10   may or may not have, but that no one would claim 

11   has ethics reform, and that no one is willing to 

12   answer any questions about why, or the thinking, 

13   or whether the LLC loophole is appropriate and 

14   within the law.  It's really extraordinary and 

15   disappointing, 154 billion reasons why it's a 

16   mistake.  

17                With that Mr. President, I sit down.  

18   I do have more questions, but unfortunately I 

19   don't believe anyone will answer them.

20                Thank you.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.  If the sponsor would please yield 

25   to some questions.


                                                               1588

 1                SENATOR YOUNG:   Yes, Senator 

 2   Krueger.  

 3                And I do want to point out, because 

 4   Senator DeFrancisco said your first question may 

 5   be "Do you have a financial plan on your 

 6   desk?" -- and I want to point out you should have 

 7   this financial plan on your desk.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Krueger.

10                SENATOR KRUEGER:   I want to thank 

11   the sponsor.  That actually wasn't the question I 

12   was going to ask now.  

13                (Laughter.)

14                SENATOR KRUEGER:   I did point out 

15   in the earlier statements that we have the 

16   financial plan, we just don't have any of the 

17   budget bills that would reflect how we think we 

18   got that financial plan.

19                But I'm staying germane to this 

20   bill, following through on some of the other 

21   questions.  So in this bill, it specifically 

22   omits Part A, Criminal Justice.  Can the sponsor 

23   please tell me what we chose to omit from the 

24   bill in Criminal Justice?  

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1589

 1   sponsor yields.

 2                SENATOR YOUNG:   If you could just 

 3   give us a moment.

 4                ACTING PRESIDENT GRIFFO:   Just a 

 5   moment, Senator Krueger.

 6                SENATOR YOUNG:   Thank you, Senator 

 7   Krueger, that information was just relayed to me.  

 8                Part A actually is the Executive 

 9   proposal to allow the Executive to appoint an 

10   independent special counsel to review allegations 

11   regarding police or peace officers.

12                SENATOR KRUEGER:   Through you, 

13   Mr. President, if the sponsor would continue to 

14   yield.

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   So since that 

19   proposal by the Governor has been omitted, am I 

20   to believe that proposal will not be seen 

21   anywhere in the budget this year?  

22                SENATOR YOUNG:   Through you, 

23   Mr. President, that part was not agreed to.

24                SENATOR KRUEGER:   So through you, 

25   Mr. President, to continue, if the sponsor would 


                                                               1590

 1   yield.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR YOUNG:   Yes.

 5                SENATOR KRUEGER:   So just to make 

 6   sure we're all speaking the same language, so it 

 7   was not agreed to so we will not see anything 

 8   else relating to that section of law in another 

 9   budget bill?  

10                SENATOR YOUNG:   That part, Part A, 

11   was not agreed to by the Governor, the Assembly, 

12   and the Senate.  So that Part A is gone.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor will continue to 

15   leave -- to -- not to leave, excuse me.

16                SENATOR YOUNG:   It's only 5:30.

17                SENATOR KRUEGER:   I know, exactly.  

18   Would the sponsor continue to yield?

19                SENATOR YOUNG:   Yes.

20                SENATOR KRUEGER:   Thank you. 

21                ACTING PRESIDENT GRIFFO:   This is 

22   like Casablanca:  it's the beginning of a 

23   beautiful friendship.

24                (Laughter.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1591

 1   Senator yields.

 2                SENATOR KRUEGER:   Part D of this 

 3   bill has also been intentionally omitted, and I 

 4   believe that was related to counterterrorism.  

 5   Could the sponsor explain what is removed from 

 6   the Public Protection bill related to 

 7   counterterrorism and whether we might see that in 

 8   some other bill yet to go into print?  

 9                SENATOR YOUNG:   Thank you, 

10   Mr. President.  There is an agreement on Part D.  

11   And we also are getting some more information 

12   right as we speak.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, so if I heard -- if the sponsor 

15   would continue to yield.

16                SENATOR YOUNG:   Sure.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor will yield.

19                SENATOR KRUEGER:   So unlike the 

20   previous omitted section, I'm hearing that there 

21   is some kind of agreement, but that's not in the 

22   Public Protection bill.  Did I hear you right?

23                SENATOR YOUNG:   Through you, 

24   Mr. President.  This actually was the Governor's 

25   request.  And you will be seeing information 


                                                               1592

 1   about counterterrorism in the ELFA bill, the 

 2   Education, Labor and Family Assistance bill.  And 

 3   that was something that the Governor requested to 

 4   be transferred over to that portion of the State 

 5   Budget, and it was endorsed by Ray Kelly.

 6                SENATOR KRUEGER:   Through you, 

 7   Mr. President, if the sponsor will continue to 

 8   yield.

 9                SENATOR YOUNG:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR KRUEGER:   Thank you.  Part 

13   H has also been intentionally omitted.  I believe 

14   that was related to paid family leave.  If the 

15   sponsor could let me know what the story of paid 

16   family leave is in this budget.

17                SENATOR YOUNG:   Through you, 

18   Mr. President, Part H was omitted but you will be 

19   seeing that item handled in another budget bill.

20                SENATOR KRUEGER:   Through you, 

21   Mr. President, if the sponsor would continue to 

22   yield.

23                SENATOR YOUNG:   Of course.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields.


                                                               1593

 1                SENATOR KRUEGER:   Thank you.  Would 

 2   we know what that budget bill would be?  

 3                SENATOR YOUNG:   We are looking at 

 4   the ELFA bill also for that.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor would continue to 

 7   yield.

 8                SENATOR YOUNG:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.

11                SENATOR KRUEGER:   So just to make 

12   sure I'm correct, because I'm standing here on 

13   the floor with all of us and not out on a 

14   computer, is there an ELFA bill in existence for 

15   us all to look at and see where these sections 

16   show up and what they actually say?  

17                SENATOR YOUNG:   I'm sorry, could 

18   you repeat that?  

19                SENATOR KRUEGER:   Certainly.  Is 

20   there an ELFA bill on LRS or somewhere in 

21   existence in print where we might review the 

22   counterterrorism and paid family leave sections 

23   of the bill?  

24                SENATOR YOUNG:   Through you, 

25   Mr. President, those fine points are being put on 


                                                               1594

 1   the budget right now as we speak.

 2                SENATOR KRUEGER:   On the bill, 

 3   Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Krueger on the bill.

 6                SENATOR KRUEGER:   Thank you.

 7                So I think part of what you are 

 8   hearing here tonight is a bit of a frustration 

 9   that we have a bill we're being asked to vote on; 

10   objectively, there's not that many things any of 

11   us might have a problem with in the bill.  The 

12   catch is most of the meat of the bill and of 

13   Public Protection has been omitted.  

14                I went through only a small number 

15   of the omitted sections within this bill.  So for 

16   those of us who are familiar with how we usually 

17   go through the process of evaluating the Public 

18   Protection and General Government bill within the 

19   State Budget, almost all of our questions about 

20   where's the meat and where are the sections, 

21   they're not here, Mr. President.  

22                We're being asked to vote on 

23   language bills that have most of the language 

24   missing.  We haven't dealt with any appropriation 

25   bills, so we sincerely can't have a conversation 


                                                               1595

 1   about a hypothetical spending plan.  We certainly 

 2   haven't seen any of the revenue proposals that my 

 3   colleague spoke about in her opening before, so 

 4   we can't have a discussion about whether those 

 5   are good, bad, real, not real, add up to the 

 6   numbers handed to us.  

 7                Because we're sitting here at 

 8   twenty-five to 6:00 on Thursday, and none of 

 9   those bills exist -- although some people think 

10   they know what will be in them even when there 

11   are sections that actually should be in the three 

12   bills that are before us today.

13                So I'm not really sure where to go 

14   with the more questions, even though I have many 

15   questions, because unfortunately the answers are 

16   going to be that section was omitted, we don't 

17   have that yet, but we're pretty sure it will be 

18   somewhere else and we're pretty sure we can tell 

19   you some of what it will look like.  That's not 

20   really how we're supposed to do budget bills.  

21                I think -- I think it was said on 

22   this floor not too long ago that there's faith 

23   that there will be certain things.  I like faith.  

24   There's all kinds of places for faith in our 

25   lives.  But actually when you're voting on the 


                                                               1596

 1   budget of the State of New York, which may 

 2   hypothetically be $155.599 billion, you actually 

 3   want to see the budget bills.  You want to know 

 4   where the numbers are coming from, how they're 

 5   going to be spent, what are the changes in our 

 6   statutes that will affect 19.5 million people.

 7                So it's frustrating.  It's very 

 8   frustrating.  You're hearing that from my 

 9   colleagues and myself that -- I don't know, when 

10   we studied budgets in school, I actually studied 

11   government budgets in school, this wasn't really 

12   how it worked, and you actually got to see actual 

13   budget legislation to vote on that was a full 

14   package, with time to look at it and time to hold 

15   them up against each other.  

16                And we're not doing that, 

17   Mr. President.  And I don't think really any of 

18   us can justify it.  But I don't have any more 

19   questions on this bill.  

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Krueger.

23                Senator Hoylman.

24                SENATOR HOYLMAN:   Thank you, 

25   Mr. President.  On the bill.


                                                               1597

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hoylman on the bill.

 3                SENATOR HOYLMAN:   I rise to express 

 4   my frustration that we can't discuss the very 

 5   sound ethics proposals that Governor Cuomo has 

 6   proposed because that portion of the budget has 

 7   been entirely eliminated.  So it presents a 

 8   quandary, I think, for us on this side of the 

 9   aisle.

10                You know, I can't tell whether our 

11   friends in the other conference are sticking 

12   their head in the sand willingly --

13                SENATOR NOZZOLIO:   Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Nozzolio, why do you rise?

16                SENATOR NOZZOLIO:   Mr. President, 

17   will the speaker yield?  

18                SENATOR HOYLMAN:   Yes, 

19   Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Hoylman, do you yield?

22                Senator Hoylman yields.

23                SENATOR NOZZOLIO:   Could Senator 

24   Hoylman be so kind as to advise me and this body, 

25   in the Governor's proposal, where in the Public 


                                                               1598

 1   Protection portion of the Governor's pro-offer 

 2   were any of these subjects referenced?

 3                SENATOR HOYLMAN:   Through you, 

 4   Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hoylman.

 7                SENATOR HOYLMAN:   I was 

 8   articulating my frustration, Mr. President, that 

 9   because the Majority has eliminated, in its 

10   entirety -- eliminated in its entirety -- every 

11   ethic reform proposed by the Executive, therefore 

12   we have no opportunity to debate or discuss it.

13                SENATOR NOZZOLIO:   Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Nozzolio.

16                SENATOR NOZZOLIO:   Will the Senator 

17   continue to yield?

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Hoylman, do you yield?

20                SENATOR HOYLMAN:   I yield, yes, 

21   Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Hoylman, you haven't answered my question at all.  

24   Put the rhetoric aside and tell me 

25   specifically --


                                                               1599

 1                SENATOR GIANARIS:   Mr. President --

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Gianaris, why do you rise?

 4                SENATOR GIANARIS:   Can we please 

 5   have the questions directed through the chair.

 6                ACTING PRESIDENT GRIFFO:   Please 

 7   have the questions directed through the chair, 

 8   please.

 9                SENATOR NOZZOLIO:   Thank you, 

10   Senator Gianaris.  

11                Mr. President, through you.  I 

12   regret that Senator Hoylman has failed to answer 

13   my question.  I regret that rather than the 

14   specifics of the question, which are where in the 

15   Governor's Public Protection portion of the 

16   budget that he pro-offered were any of the 

17   subjects that Mr. Hoylman references?  Because, 

18   Mr. President, we are on the Public Protection 

19   portion of the State Budget.  These subjects that 

20   Mr. Hoylman wishes to discuss are certainly 

21   relevant to discuss, but not present in the 

22   Governor's bill that was before us that we are 

23   now debating.

24                SENATOR HOYLMAN:   Through you, 

25   Mr. President.


                                                               1600

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hoylman.

 3                SENATOR HOYLMAN:   I share my 

 4   colleague's frustration, because the conference 

 5   has eliminated in its entirety every ethics 

 6   proposal.  We can stand here and shadow box, but 

 7   there is nothing to talk about.  And that is a 

 8   convenient way to avoid the subjects of ethics 

 9   reform, and I would even argue it's a clever way, 

10   but it's not what the people of New York need in 

11   this moment of crisis in state government.

12                SENATOR NOZZOLIO:   Mr. President, I 

13   again deeply regret that Senator Hoylman 

14   sidesteps, pivots, pushes around the subject that 

15   I've asked him directly about, and it's apparent 

16   that he obviously has no understanding of what 

17   Governor Cuomo's Public Protection portion of the 

18   budget did or the measure that's before us now 

19   for consideration.

20                With that frustration that he has, 

21   he's imparted on everyone else because of his own 

22   intransigence in answering the questions. 

23                (Laughter.)  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Hoylman.


                                                               1601

 1                SENATOR HOYLMAN:   Through you, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hoylman is on the bill.

 5                SENATOR HOYLMAN:   I'll say that -- 

 6   I'll read every part that was actually up for 

 7   discussion at the General Government table, which 

 8   is the table relevant to the PPGG bill:  Closing 

 9   the so-called LLC loophole; establishing limits 

10   on outside income for members of the State 

11   Legislature; implementing various campaign 

12   finance reform proposals; a soft money 

13   housekeeping limit; disclosure of intermediaries; 

14   additional reporting in connection with that; 

15   lowering contribution limits; public financing of 

16   elections.  The list goes on and on.  

17                We should be extremely disappointed 

18   that we're not discussing in a fulsome manner the 

19   pluses and negatives of the Governor's proposals.  

20   I think that we, Mr. President, have taken this 

21   Watergate moment which our leader has referred to 

22   in the Democratic Conference, and we're turning 

23   it into a Waterloo moment, because the voters are 

24   going to remember, the voters are going to 

25   remember that we did nothing in this budget, 


                                                               1602

 1   notwithstanding terrific proposals put forth by 

 2   the Executive.

 3                I'll be voting nay, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you, Senator Hoylman.

 6                Senator Rivera.

 7                SENATOR RIVERA:   Thank you, 

 8   Mr. President.  In my olden age I have actually 

 9   gotten to --

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Rivera, are you on the bill?  

12                SENATOR RIVERA:   I'm on the bill.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Rivera on the bill.

15                SENATOR RIVERA:   Not necessarily 

16   when I was younger, but when I got a little 

17   older, I started to enjoy theater.  I've actually 

18   gotten quite into it.  And what I'm watching here 

19   right now is actually quite an entertaining play, 

20   if I may.  

21                While earlier I would recall that 

22   Chairwoman Young went on and on about something 

23   that was not in this bill and was questioned 

24   about that by Senator Gianaris and Senator 

25   Gianaris was pooh-poohed, that no, you shouldn't 


                                                               1603

 1   do than -- and then when Senator Hoylman took 

 2   time to express the fact that there was in the 

 3   General Government table a whole discussion from 

 4   the Governor's proposal about ethics reform, 

 5   which is something that we so need in this 

 6   chamber and in the legislative body, then he was 

 7   pooh-poohed by Senator Nozzolio about 

 8   intransigence and what have you.  So very good 

 9   theater that we are watching here today.

10                But ultimately what this theater is, 

11   for those that might be watching and paying 

12   attention, is about the money that you give us, 

13   as government, to put into governmental things 

14   that we do -- and there are many, many things 

15   that we are not talking about today and we will 

16   not be talking about for a while because we have 

17   not seen any of them.  

18                The bills that we have before us are 

19   actually plain old vanilla bills.  They cover 

20   some basic things that are absolutely necessary.  

21   But the big items that we have been discussing or 

22   that we really need to discuss are not in any of 

23   these bills.  And what many of my colleagues did 

24   already was express very clearly the fact that 

25   just one issue, when we're talking about ethics 


                                                               1604

 1   reform or campaign finance reform, were not 

 2   included at all in these pieces of legislation.  

 3                That is relevant, it is germane, it 

 4   is appropriate to discuss because it is so 

 5   important to the work that we do here.  We need 

 6   to have the trust of the people we govern.  And 

 7   unfortunately, whether my colleagues want to 

 8   accept it or not, many folks don't trust us.  

 9                So I will be -- because this bill in 

10   particular, Mr. President, doesn't have anything 

11   particularly horrible in it -- it certainly has 

12   some exclusions and things that have been 

13   excised, as well as the other two bills that 

14   we're going to discuss, which means that we have 

15   plenty of time yet that -- we're not going to get 

16   to that April 1st deadline, Mr. President.  We're 

17   going to go over that.  It's going to happen, 

18   because there's so many things that we still have 

19   yet to discuss, the real big things that have not 

20   been on the agenda.

21                So I will say bravo to all the 

22   theatricality that's been going on in this 

23   chamber.  I will vote in the affirmative on this 

24   piece of legislation.  But I would ask everybody 

25   to at least accept the fact that the frustration 


                                                               1605

 1   that we feel on this side is real.  We have no 

 2   idea what is going to be in some of these pieces 

 3   of legislation.  You all apparently do, but we 

 4   don't.  

 5                And we take it very seriously, the 

 6   responsibility that we have to our constituents, 

 7   so we want to take some time to look things over.  

 8   We hopefully will have that time in the future, 

 9   Mr. President.  As it is, just for this very 

10   vanilla piece of legislation, I'll be voting in 

11   the affirmative.

12                Thank you, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Rivera.

15                Is there any other Senator wishing 

16   to be heard?  

17                Seeing none and hearing none, debate 

18   is closed, and the Secretary will ring the bell.

19                Read the last section.

20                THE SECRETARY:   Section 3.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1606

 1   Espaillat to explain his vote.

 2                Can I have some order in the house, 

 3   please.

 4                SENATOR ESPAILLAT:   Yes, 

 5   Mr. President.  Thank you.  

 6                I share concerns with this bill not 

 7   having any ethics or campaign finance reform.  

 8                However, it changes from the 

 9   original resolution proposed by this house, which 

10   called for an end to sanctuary cities, and I am 

11   supportive of that.  It also provides a provision 

12   that allows service-disabled veterans to get more 

13   opportunities for their own businesses.  And 

14   finally, it also reforms the World Trade Center 

15   volunteer form to ensure that additional state 

16   funds will be used to cover medical expenses 

17   denied by the federal Zadroga Act.  

18                For those reasons, I will be voting 

19   in the affirmative.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Espaillat to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               1607

 1                We're going to make a correction to 

 2   the last bill.  The Secretary will reannounce the 

 3   results.

 4                THE SECRETARY:   Ayes, 61.  Nays, 1.  

 5   Senator Hoylman recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                The Secretary will read.

 9                THE SECRETARY:   Senator Young moves 

10   to discharge, from the Committee on Finance, 

11   Assembly Bill Number 9007C and substitute it for 

12   the identical Senate Bill Number 6407C, Third 

13   Reading Calendar 515.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   515, Assembly Budget Bill, Assembly Print 9007C, 

19   an act intentionally omitted.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Rivera.

22                SENATOR RIVERA:   Thank you, 

23   Mr. President.  I wonder if the sponsor or 

24   perhaps Senator Hannon would yield for a few 

25   questions.


                                                               1608

 1                ACTING PRESIDENT GRIFFO:   Can I ask 

 2   the house again, please, to come to order.  We 

 3   have a number of people in the house today, two 

 4   very important bills, and two members that wish 

 5   to exchange.  So I would please ask for order in 

 6   the house.  

 7                Senator Rivera, you may continue.  

 8   Senator Hannon, do you yield?  

 9                SENATOR HANNON:   Yes.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Hannon yields.

12                Senator Rivera.

13                SENATOR RIVERA:   Thank you, 

14   Mr. President.  I just have a few basic questions 

15   about what is and is not in this bill as it 

16   refers to the original budget proposal that the 

17   Governor put before us.

18                SENATOR HANNON:   With the chair's 

19   permission, could I go into a little bit of an 

20   outline of the bill?  If you don't mind.

21                SENATOR RIVERA:   I don't mind.  

22   Through you, Mr. President.  

23                ACTING PRESIDENT GRIFFO:   We will 

24   allow the outline.  Senator Rivera has agreed.  

25                Senator Hannon, you may continue.


                                                               1609

 1                SENATOR HANNON:   This is the 

 2   Article VII bill in regard to health and aging, 

 3   and there are several highlights of what's in the 

 4   bill.

 5                First of all, we have kept the 

 6   traumatic brain injury waiver and making sure 

 7   that it does not go into managed care for another 

 8   year.  We have preserved provider-prevail 

 9   protections for medications, did not move beyond 

10   where we were before.  We have rejected cuts to 

11   Early Intervention.  We have kept spousal refusal 

12   in the state it was before because we thought 

13   changing it would be counterproductive.  We have 

14   restored the cuts to the Excess Medical 

15   Malpractice Pool, because we feel that's an 

16   equitable solution for upstate health care.  We 

17   have preserved the Naturally Occurring Retirement 

18   Communities and Neighborhood NORCs.  

19                We were also able to restore a 

20   program for $195 million in capital grants, with 

21   30 percent of that going to community providers.  

22   We've added a million dollars in the program for 

23   Doctors Across New York.  There are very 

24   important funds added to OASAS for heroin 

25   prevention and treatment.  We have added a 


                                                               1610

 1   provision in regard to monies for making sure 

 2   that New York tests all the rape kits.  And we 

 3   have restored funding for organ donation, eating 

 4   disorders, and Lyme disease activities.  

 5                And that's just a broad outline of 

 6   what we've done.

 7                SENATOR RIVERA:   Mr. President, 

 8   through you, if the Senator would continue to 

 9   yield.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR RIVERA:   Thank you, 

13   Mr. President.  A few things that I wanted to go 

14   into a little bit deeper.  

15                First, related to the $195 million 

16   for capital transformation, if you could go a 

17   little bit into what the bill before us does as 

18   far as the process of how that money is going to 

19   be disbursed.

20                SENATOR HANNON:   The process is a 

21   little complicated because the idea is to do a 

22   combination both of bonding and in grants for 

23   operations, so that it provides for both the 

24   DASNY and for existing grant procedures in the 

25   Department of Health.  And to the reason that 


                                                               1611

 1   once they look at the request and see whether 

 2   it's capital or whether it's operating, they'll 

 3   be able to best disburse the monies.  And there 

 4   is an exchange provision between the two.  It 

 5   would be for the benefit, and it would all be by 

 6   State Finance Law.

 7                SENATOR RIVERA:   Through you, 

 8   Mr. President, if the Senator would continue to 

 9   yield.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR RIVERA:   To just ask one 

13   specific question about that, ultimately the 

14   authority to disburse the money, to determine 

15   where it would go, would belong to the Budget 

16   Director, if I'm not mistaken, so it would be the 

17   second floor?  

18                SENATOR HANNON:   I would say a 

19   combination of the Budget Director and with the 

20   Health Commissioner.

21                SENATOR RIVERA:   Through you, 

22   Mr. President, if the Senator would continue to 

23   yield.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.


                                                               1612

 1                SENATOR RIVERA:   Thank you.

 2                Two, and this actually should have 

 3   been my first question, something that is not 

 4   here and I want to make sure that we underline, 

 5   the initial proposal by the Governor to shift 

 6   costs on Medicaid growth rates to the City of 

 7   New York, is it anywhere in this budget proposal?  

 8                SENATOR HANNON:   It's not in this 

 9   bill.  

10                And I don't know if Senator Gianaris 

11   will allow me to refer to things that may not be 

12   before us yet, but it will be coming, with fair 

13   certainty, that the proposal to go back and not 

14   allow the state to pick up the monies for the 

15   increase in growth in Medicaid for the city, that 

16   should be reversed.  It's a fairly complicated 

17   procedure.  But I believe at the end of the day, 

18   we're not going to be taking that money from the 

19   city.

20                SENATOR RIVERA:   Through you, 

21   Mr. President, if the Senator would continue to 

22   yield.

23                ACTING PRESIDENT GRIFFO:   The 

24   Senator yields.

25                SENATOR RIVERA:   So you're saying 


                                                               1613

 1   that it might be -- at the end of the day, it's 

 2   not going to be taken away from the city.  But as 

 3   far as how we switched it back from the original 

 4   proposal, it is not on this bill, it will be on 

 5   another one that we have yet to see?  

 6                SENATOR HANNON:   It morphed from 

 7   should we just reject it to it morphed into the 

 8   Governor came up with something, somewhat at the 

 9   last minute, which was confusing to a lot of 

10   people, that it became a transformation type of 

11   process that maybe other parts of the state would 

12   want to do it, although they already -- you know, 

13   there was a question as to whether they had the 

14   power to do it.  So it's a process that's there 

15   for the rest of the state, it would be absolutely 

16   voluntary for the city.  

17                It would also involve helping the 

18   city in regard to monies to pay for Medicaid but 

19   also monies that are needed -- what's known as 

20   using for HHC the process of intergovernmental 

21   transfers, one of the complicated parts of the 

22   Medicaid reimbursement process in the state and 

23   in federal law.  

24                So at the end of the day, this would 

25   have to be worked out between the state and the 


                                                               1614

 1   City of New York, and it would be, I think, a 

 2   major net benefit to cash in the City of New 

 3   York, helping HHC, which as we know has been 

 4   financially stressed.

 5                SENATOR RIVERA:   Through you, 

 6   Mr. President, if the Senator would yield for one 

 7   more question.

 8                SENATOR HANNON:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senator yields.

11                SENATOR RIVERA:   Regarding Health 

12   Republic, there's obviously been a conversation 

13   that we've had --

14                SENATOR HANNON:   Further, I'm 

15   reminded those actions will be all 

16   administrative.  So they won't be in any bill 

17   that we will see, but frankly they've been -- 

18   there's been lots of discussions and lots of 

19   negotiations on it, so they're very real.

20                I'm sorry.

21                SENATOR RIVERA:   So, Mr. President, 

22   through you, going back to the other question.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Hannon yields.

25                SENATOR RIVERA:   I thank the 


                                                               1615

 1   Senator for clarifying that earlier point.  

 2                But lastly, on Health Republic, as 

 3   it relates to any actions that we might take in 

 4   this budget to make the providers that have 

 5   already provided services that are how to make 

 6   them whole.  There have been many conversations 

 7   about what we could potentially do, what we must 

 8   do for these providers.  

 9                Is there anything in this budget 

10   bill or maybe in other budget bills that we 

11   haven't seen yet regarding Health Republic?  

12                SENATOR HANNON:   There's nothing in 

13   this budget bill about Health Republic.  In other 

14   bills that have been discussed and negotiated, I 

15   believe there will be a provision -- now, we have 

16   not accepted at all the idea of going to a 

17   guarantee fund, because that was too dramatic at 

18   this point, even though it was first sponsored by 

19   Senator Valesky.  Then I had my friend Senator 

20   Seward against it, so we had to come to a 

21   compromise.  

22                The thought is, establish a fund 

23   that can be used for reimbursing claimants, but 

24   establish a fund that would become activated once 

25   the liquidation process, if it ever gets to be 


                                                               1616

 1   commenced, once the liquidation process for 

 2   Health Republic goes through the procedures of 

 3   the Department of Financial Services.  And the 

 4   idea would be at some point have the budget, and 

 5   obviously the administration, identify one of the 

 6   settlement funds that the state has received by 

 7   virtue of action of either DFS or the Attorney 

 8   General, as a funding.

 9                The thought being those are one-shot 

10   revenues, that hopefully this Health Republic 

11   event is a one-shot loss, so that we could match 

12   that and then hopefully down the road we would 

13   take a look at the whole approval process, 

14   rate-setting process of the insurance system and 

15   the health system, so we can better protect the 

16   people of this state.

17                SENATOR RIVERA:   Through you, 

18   Mr. President, on the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Rivera on the bill.

21                SENATOR RIVERA:   Thank you, Senator 

22   Hannon, for kind of breaking down what is on this 

23   bill.

24                As I stated earlier, most of these 

25   bills are somewhat vanilla, therefore a lot of 


                                                               1617

 1   the big items that might be more controversial 

 2   will be left to later.  But a couple of things 

 3   that I want to point out.  First, the initial 

 4   proposal to shift the costs of Medicaid growth to 

 5   the City of New York, which would have been 

 6   disastrous for the City of New York, particularly 

 7   for HHC hospitals, I'm very thankful that this 

 8   proposal before us does not have that in it.

 9                As far as the transformation fund of 

10   the $195 million for capital improvements, I'm 

11   both thankful that it's there, but I am hopeful 

12   that the process is a little bit more transparent 

13   than the one that we just went through for the 

14   $1.2 billion that we allocated last year.  There 

15   are many very deserving projects that 

16   unfortunately did not receive funding -- 

17   including projects certainly in my backyard and 

18   other parts of the state -- without which I'm not 

19   sure whether they can achieve the goals that 

20   we're trying to set for them as far as DSRIP and 

21   lowering hospitalization rates for Medicaid 

22   patients.  

23                So I'm very thankful that that money 

24   is there, hoping to work with the second floor as 

25   well as with my colleagues to make sure that it 


                                                               1618

 1   goes to the right places where it's needed.

 2                And lastly, I'm thankful that we are 

 3   having a conversation about Health Republic.  We 

 4   have to make sure -- I think that Senator Hannon 

 5   nailed it when he says that we want to make sure 

 6   that it is a one-time thing.  Hopefully we will 

 7   be able to have discussions about what exactly 

 8   that means as far as making the people that have 

 9   already provided services whole, and that we do 

10   not have to go down this road again.

11                But most of the things that are very 

12   controversial have been taken out of this piece 

13   of legislation.  As it is, it is certainly 

14   acceptable.  I will be voting in the affirmative.

15                Thank you, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Thank 

17   you, Senator Rivera.

18                Senator Hamilton.

19                SENATOR HAMILTON:   Yes, Mr. Chair, 

20   would the sponsor of the bill please yield for 

21   some questions.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Hannon, do you yield?  

24                SENATOR HANNON:   Yes, Mr. Chair.

25                SENATOR HAMILTON:   Yes, Mr. Chair, 


                                                               1619

 1   I'd like to ask the question of temporary 

 2   operators and just get clarification on that.

 3                SENATOR HANNON:   Are you referring 

 4   to the --

 5                SENATOR HAMILTON:   Under Mental 

 6   Health, temporary operators?  Under Mental 

 7   Health, Part L.

 8                SENATOR HANNON:   The proposal that 

 9   we had from the Governor?  

10                SENATOR HAMILTON:   Right.  But can 

11   you just clarify what it actually -- how you 

12   define it, the three-way agreement, how it 

13   relates to the OPWDD and OMH, to appoint a 

14   temporary operator?

15                SENATOR HANNON:   How did they 

16   relate?

17                SENATOR HAMILTON:   Yeah.  I just 

18   want an explanation what the program is.

19                SENATOR HANNON:   I can do the 

20   same -- it's very close to what we've done and 

21   put in statute for all healthcare.  There are 

22   times when these not-for-profits are having 

23   problems.  The idea is that you need to continue 

24   the services, but the people who are doing the 

25   management are not sufficient to continue those 


                                                               1620

 1   services, so that there is a need to have the 

 2   department be able to step in and have somebody 

 3   run it and make sure there's a continuity.

 4                SENATOR HAMILTON:   Yes, thank you.

 5                Mr. Chair, would the sponsor yield 

 6   to another question, please?  

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Hannon, do you yield?  

 9                SENATOR HANNON:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR HAMILTON:   I think the 

13   Senator is correct in that the proposal is great 

14   to address the serious financial situations 

15   nonprofits may be having.  Right now, we have the 

16   highest homeless rate in New York City, over 

17   60,000 people living in homeless shelters.  A 

18   large component of that are people who have 

19   mental illness.  

20                My question is, why wasn't the 

21   homeless shelters, people with domestic violence, 

22   and runaway youth included for the 

23   not-for-profits to be investigated for serious 

24   financial --

25                SENATOR HANNON:   Philosophically, 


                                                               1621

 1   we make too many silos, so we don't have really, 

 2   directly under Mental Health the people who are 

 3   suffering because they have other problems or 

 4   they're homeless or they have a drug program.  We 

 5   haven't integrated this well enough, and we ought 

 6   to.  But we were handed this budget in this way.  

 7   We still kept these separate.  We still have to 

 8   address all of that and how we're going to go 

 9   about it.  

10                You could also make a case that when 

11   the new federal waiver, called DSRIP, fully kicks 

12   in and we're trying to avoid admissions to 

13   hospitals, we'll also have an integration of 

14   services so that we won't have people suffering 

15   from overdose or mental illness and therefore 

16   becoming homeless and therefore addressing the 

17   healthcare system.  There's a far greater need 

18   for integration.  

19                We do have, in Health, we do a 

20   provision for supportive home services, a couple 

21   of hundred million.  That's only gotten off the 

22   ground, I'm including a couple of years of 

23   appropriation there.  So there is a whole need to 

24   address this.  And we're still, as a government 

25   and as a society, trying to figure out how we're 


                                                               1622

 1   going to do this appropriately.

 2                SENATOR HAMILTON:   I do agree with 

 3   you on that point.  

 4                Would the sponsor yield to another 

 5   question, Mr. Chair?  

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Senator yields.

 8                SENATOR HAMILTON:   The last 

 9   question is once there is a three-way agreement, 

10   will the local legislature, the governing body, 

11   be notified of the appointment of an operator?  

12                SENATOR HANNON:   This was 

13   discussed.  If the question is when the 

14   notification would be made, there was a question 

15   as to whether it would be done prior to the 

16   legislature or whether it would be subsequent.  

17   There are policy reasons not to do it prior to, 

18   from a bureaucrat standpoint.

19                But at the moment, it's going to be 

20   when the appointment is made, then the 

21   legislature will be notified.

22                SENATOR HAMILTON:   Thank you.  Just 

23   one more question.  Would the sponsor yield to 

24   another question, please?  

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1623

 1   sponsor yields.

 2                SENATOR HAMILTON:   I think this is 

 3   a great idea.  But my last question is what 

 4   happens if the not-for-profit does go into 

 5   serious financial problems, what happens to the 

 6   real estate that is owned by the not-for-profit 

 7   if it's --

 8                SENATOR HANNON:   Well, that's 

 9   really the reason for the temporary operator.  If 

10   someone goes bankrupt or needs to be liquidated, 

11   then normal legal procedures start to use those 

12   as assets, and that gets to pay off creditors.  

13                If you have a temporary operator, 

14   you keep the entity together, in a sense.  You 

15   have the services continue to be delivered, you 

16   have a revenue stream that comes from Medicaid, 

17   and so you can theoretically, with better 

18   management, handle those bills.  And what's the 

19   ultimate goal?  People who are getting the 

20   services continue to get the services.

21                SENATOR HAMILTON:   Great.  No 

22   further questions.  

23                I'd like to speak on the bill.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Hamilton on the bill.


                                                               1624

 1                SENATOR HAMILTON:   I think this is 

 2   a great idea.  What's been happening recently in 

 3   certain communities, there's been a receiver put 

 4   in place.  And then rather than having corrective 

 5   measures, the receiver is proceeding to the court 

 6   for dissolution of these not-for-profits.  

 7                And what's happening now, 

 8   not-for-profits who bought properties for 

 9   $30,000, let's say 35 years ago, are now worth 

10   $2 million.  And I just feel that this is a great 

11   idea, that we don't have receivers who are being 

12   paid $75,000 per month to make a determination 

13   that a not-for-profit is not doing well.  

14                And I believe that they are 

15   targeting organizations in communities of color 

16   that are being gentrified, not because they're 

17   not doing well but because they want their real 

18   property assets.  

19                So I think this is a great idea.  

20   But I also want to make sure that the local 

21   legislatures are notified prior to the operator 

22   being put in place to make sure that the 

23   corrective measures are done appropriately and 

24   certain communities are not targeted by members 

25   who used to work for OPWDD and now have left and 


                                                               1625

 1   are using that information to target the 

 2   not-for-profits that are on the fringe of not 

 3   doing a great job but are doing a sufficient job.  

 4                Thank you very much, Mr. Chair.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Stavisky.

 7                SENATOR STAVISKY:   Thank you, 

 8   Mr. President.  Would the sponsor yield?  

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.

11                SENATOR STAVISKY:   I have one 

12   question.  I thank you for your explanation on 

13   the resolution of the financial difficulties 

14   experienced by Health Republic.  

15                Do you anticipate all of the 

16   providers being reimbursed, or is it going to be 

17   the big larger groups?  How do you see the small, 

18   the individuals receiving the reimbursement for 

19   services to Health Republic that they have 

20   already provided?

21                SENATOR HANNON:   Well, I think we 

22   need to see a process that people can make the 

23   claims.  Right now all we have are informal 

24   surveys by the different organization -- you 

25   know, home care or hospitals or the physicians.  


                                                               1626

 1   They've surveyed their members:  How much do you 

 2   think you're out?  

 3                If we have a more formal process, be 

 4   it through the liquidation or through this fund 

 5   that we've set up, that people can make a formal 

 6   claim, can do the proof of that formal claim, 

 7   then you get somebody who's making the decisions 

 8   as to how to make the awards based on what the 

 9   priorities are, based on -- you know, patients 

10   are in this too.  

11                So we really need to get the 

12   procedure going.  Absent the procedure, no one 

13   can actually tell what's owed and what can be 

14   delivered.

15                SENATOR STAVISKY:   Thank you.  I 

16   just want to be sure that nobody is left behind.

17                Thank you, Mr. President.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Stavisky.

20                Senator Krueger.

21                SENATOR KRUEGER:   Thank you, 

22   Mr. President.  If the sponsor could please yield 

23   for some questions.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields.


                                                               1627

 1                SENATOR KRUEGER:   Thank you.

 2                Just going back to a section that -- 

 3   there were some questions about the healthcare 

 4   transformation package, which continues the 

 5   previous year's commitments on Oneida County and 

 6   Brooklyn but then creates a $200 million 

 7   statewide program, is this exclusively for 

 8   hospitals, or can this be for other 

 9   community-based healthcare programs?  Because 

10   during the budget hearings, they were the ones so 

11   desperate for money.

12                SENATOR HANNON:   On your question 

13   what is the purpose of this, first of all, I 

14   think it's -- the 195 million?  It's $195 

15   million, technically, because $5 million is going 

16   to be used for mammogram vans.  So it's 195.  

17                And then it can be used for any 

18   healthcare providers.  Though we have put in 

19   here -- we wanted more, but we put in that 

20   30 percent of this would go to community -- 

21   $30 million, excuse me, would go to community 

22   healthcare providers.  So we did a little 

23   priority there, but the rest of it could be any 

24   healthcare provider.

25                SENATOR KRUEGER:   Through you, 


                                                               1628

 1   Mr. President, if the sponsor would continue to 

 2   yield.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR KRUEGER:   Thank you.  Can 

 6   more than $30 million go to community healthcare 

 7   providers?  It's just a bottom, that $30 million 

 8   has to go?  

 9                SENATOR HANNON:   Yes.  Yes, 

10   Senator.

11                SENATOR KRUEGER:   Okay.  Through 

12   you, Mr. President, if the sponsor will continue 

13   to yield.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   What's the 

17   process of who will make the decisions on this?  

18   Is this an RFP through the Department of Health?  

19   How does this work?  

20                SENATOR HANNON:   I presume they're 

21   going to use the continued -- the way they have 

22   allocated money that we had in the $1.6 billion, 

23   whether it be for the first procedure we had or 

24   the second.  It's going to be an award process, 

25   they'll score the awards and they'll try -- and 


                                                               1629

 1   hopefully use great judgment.  

 2                I must admit that there's not enough 

 3   money, because there's a lot of people who made 

 4   applications and didn't get the awards, so 

 5   there's going to be a lot of hopes.

 6                And the preference is to people who 

 7   made applications to the process before and did 

 8   not get funded.  And that's important because 

 9   many of those people are participating in the 

10   federal waiver and feel that their applications 

11   are essential to them successfully participating 

12   in that waiver program.

13                SENATOR KRUEGER:   So the sponsor 

14   actually guessed what my next question was going 

15   to be.  Thank you for that answer.

16                If you -- excuse me.  I have a 

17   question on another section of the bill, if the 

18   sponsor would continue to yield.

19                SENATOR HANNON:   Yes.

20                ACTING PRESIDENT GRIFFO:   The 

21   sponsor yields.

22                SENATOR KRUEGER:   Thank you.

23                There was reference to a new 

24   proposal dealing with the heroin/opioid epidemic.  

25   And then I think in an earlier statement Senator 


                                                               1630

 1   Young talked about new money for something.  Can 

 2   we clarify what there is for heroin/opioid abuse 

 3   in this bill and how it might correlate with some 

 4   money that might or might not be there in a 

 5   future bill we have yet to see?  

 6                SENATOR HANNON:   Basically you're 

 7   talking about expanding what OASAS is doing in 

 8   the new applications for people who have had 

 9   overdoses, for people who are addicted and their 

10   families, trying to lead to greater expansion of 

11   rehabilitation clinics.  So it is much of the 

12   natural expansion that needs to be done.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   So we should see 

19   some X amount of money for RFPs for a larger 

20   number of rehab facilities or a larger number of 

21   slots in existing rehab facilities?  

22                SENATOR HANNON:   I think, building 

23   on what the Governor proposed, adding $25 million 

24   to that, we get to the order of $160 million.

25                SENATOR KRUEGER:   And through you, 


                                                               1631

 1   Mr. President -- oh, I want to wait to make sure 

 2   you get your numbers.

 3                SENATOR HANNON:   I'm fine.

 4                SENATOR KRUEGER:   Okay.  Through 

 5   you, Mr. President, so these also will be an RFP 

 6   process through OASAS for new providers to apply?  

 7                SENATOR HANNON:   I think there's a 

 8   mixture of different award procedures.  But it 

 9   would be pursuant to what they would do in the 

10   ordinary course.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor would continue to 

13   yield.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   Is there any 

17   geographic distribution of these new funds for 

18   this purpose?

19                SENATOR HANNON:   Not at this 

20   moment.  Not at this moment.  But we have a very 

21   energized group of Senators who have been 

22   participating in the chair's hearings throughout 

23   the state, knowing there are problems throughout 

24   the state, and so they're all vigorous proponents 

25   of new initiatives from Niagara to Suffolk.


                                                               1632

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR KRUEGER:   And just in 

 7   comment, I think every county of the state is 

 8   suffering from the growing problem, and I think 

 9   that it is correct that there is no community 

10   that doesn't see the need for more support and 

11   help for people who are suffering from opioid 

12   addictions, heroin addictions, and the desperate 

13   need for more access to immediate healthcare and 

14   mental health care upon realization of the 

15   problem.

16                So I'm glad to see more money.  I'm 

17   glad to see there will be opportunities for more 

18   providers to draw down on this money and 

19   hopefully expand the number of slots, because I'm 

20   not sure there's anything worse than knowing you 

21   have a problem, going in search of help, and not 

22   being able to find any.  So I'm very supportive 

23   of expanding this.

24                I want to shift to some of the 

25   things that were removed from this bill relating 


                                                               1633

 1   to drug pricing and evaluation of pharmaceutical 

 2   pricing.  If, through you, the sponsor would 

 3   continue to yield.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR KRUEGER:   So a number of 

 7   sections were removed from this bill that 

 8   involved the Governor's original proposals for 

 9   some changes in the pricing and evaluation of 

10   pharmaceutical drugs.  Can the sponsor both 

11   explain a little bit about what was lost and what 

12   remains?  

13                SENATOR HANNON:   I'm not so sure 

14   that the things that are intentionally omitted 

15   were losses, because they were more hopes.  They 

16   tried to deal with, quote, blockbuster drugs that 

17   weren't identified, with no procedure, they tried 

18   to deal with specialty drugs that weren't 

19   identified and there was no procedure.  

20                The thought was that -- and they 

21   were price controls.  If anybody -- and I found 

22   out by asking various professionals in healthcare 

23   whether they had any background in price 

24   controls, because we last really had them in 

25   World War II, and no one did.  And I remember 


                                                               1634

 1   from my economic studies they led to huge 

 2   bureaucracies and not necessarily efficiencies.

 3                So the thought was we need to deal 

 4   with overpricing in drugs.  We had the fact of 

 5   one of the manufacturers who became fairly 

 6   infamous taking a $13.50 drug and escalating it 

 7   to $750.  We proposed a type of surcharge going 

 8   after price gouging.  The Executive came back 

 9   with the proposal that's contained in this bill 

10   and deals with when the price of a generic drug 

11   has increased by more than 300 percent in any 

12   given year, allowing the administration to deal 

13   with that in regard to a surcharge on that drug 

14   manufacturer.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor will continue to 

17   yield.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR HANNON:   Yes.

21                SENATOR KRUEGER:   So the proposal 

22   is specific to generic drugs only?  

23                SENATOR HANNON:   Yes.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor will continue to 


                                                               1635

 1   yield.

 2                SENATOR HANNON:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR KRUEGER:   Can the sponsor 

 6   help me understand under what scenario an 

 7   existing drug which is generic, hence it has come 

 8   after years of a patent on a parallel drug, under 

 9   what scenario a generic drug would need to go up 

10   300 percent in cost per year?

11                SENATOR HANNON:   That's what we're 

12   trying to avoid.  I don't know the legitimate 

13   scenario that there would be.  But I do know it's 

14   happened, it's happened in several instances, and 

15   people have had to pay more.

16                Now, in regard to brand drugs, we 

17   know the federal government has a program that's 

18   operating in regard to this, so we were not going 

19   to step into that.  And in the proposal that's in 

20   this budget, in regard to generic drugs, when and 

21   if -- and it's likely it's going to be a when -- 

22   the federal government deals with generic drugs 

23   also, that we would not cease to continue with 

24   this program -- we would not cease to continue 

25   the program.


                                                               1636

 1                SENATOR KRUEGER:   I understand.

 2                Through you, Mr. President, if the 

 3   sponsor will continue to yield.

 4                SENATOR HANNON:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR KRUEGER:   It's very 

 8   helpful, the answers to the questions.  I want to 

 9   thank the sponsor.

10                So is this rebate -- if you go up on 

11   your drug by 300 percent, we're going to rebate 

12   back 295 percent of it?  How much is the rebate?

13                SENATOR HANNON:   I think it's 

14   negotiated with the manufacturer.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR KRUEGER:   It's negotiated 

21   by the Executive, by the Department of Health, by 

22   whom?

23                SENATOR HANNON:   Really the 

24   Department of Health, through their Drug 

25   Utilization Board.


                                                               1637

 1                SENATOR KRUEGER:   Through you, 

 2   Mr. President, if the sponsor would continue to 

 3   yield.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR KRUEGER:   So if I was smart 

 7   about this and I had a generic drug that I wanted 

 8   to drive the prices up on, I'll just do a 

 9   299 percent increase every year?

10                SENATOR HANNON:   I would presume 

11   that would be the case.  

12                But I'm not so sure that you could 

13   be confident you could continue in the state's 

14   programs because we also have another look-see as 

15   to whether you can participate in Medicaid.  We 

16   have a utilization board that you take a look at.  

17   We have the powers under the global spending cap 

18   that we can make adjustments in regard to drug 

19   prices.  We have had all of the Medicaid managed 

20   care companies go with a pharmaceutical benefit 

21   manager who is pretty fierce.

22                So the idea is to try to make this 

23   as reasonable as possible and not have some drug 

24   company take advantage of our treasury.

25                SENATOR KRUEGER:   Mr. President, on 


                                                               1638

 1   the bill.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger on the bill.

 4                SENATOR KRUEGER:   I want to thank 

 5   the sponsor for his answers to my questions and 

 6   to my colleagues' questions, appreciate very much 

 7   his knowledge base.  

 8                My last set of questions is actually 

 9   out of my frustration that we have yet to figure 

10   out how to do more to control pharmaceutical drug 

11   pricing for our citizens.  The concept, just 

12   again to repeat, these are generic drugs.  Hence, 

13   they were name-brand drugs under patents for some 

14   period of time -- it could be 10, 20, even 30, 

15   40 years.  So they're not new drugs where R&D was 

16   involved in the costing of them, they're drugs 

17   that have been on the market and suddenly we're 

18   seeing skyrocketing increases in their costs -- 

19   again, over 300 percent a year.  And the sponsor 

20   gave one example where I can't even calculate 

21   what the growth in that rate was.

22                There is no justification or excuse 

23   for these kinds of drugs to see these kinds of 

24   price increases.  We removed from the budget bill 

25   a series of proposals that the sponsor may or may 


                                                               1639

 1   not be right about that there wasn't a way for us 

 2   to figure this out correctly.  I'm not convinced 

 3   we couldn't figure it out correctly.  

 4                Frankly, I hope we take another bite 

 5   at that apple.  It's very clear to me until the 

 6   federal government and states start to become 

 7   incredibly aggressive at challenging the pricing 

 8   of pharmaceutical drugs, generic and name brand, 

 9   until we hold the manufacturers accountable for 

10   justifying their expenses, the costs of their 

11   drugs, we're going to see a greater and greater 

12   share of America's personal budgets and our 

13   government budgets going to the cost of 

14   pharmaceuticals.  And we are going to continue to 

15   see -- most disturbingly, perhaps -- low-income 

16   people, low-income seniors, making the decisions 

17   about whether they can afford their drugs or 

18   their food each month.

19                Most countries in the world have 

20   figured this out for themselves.  We have not 

21   yet.  I am not opposed to this proposal, I am 

22   just frustrated that we haven't figured out how 

23   to do more on behalf of our citizens.

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               1640

 1   you, Senator Krueger.

 2                Is there any other Senator that 

 3   wishes to be heard?

 4                Seeing none, hearing none, the 

 5   debate is closed.  The Secretary will ring the 

 6   bell.

 7                Senator DeFrancisco.  

 8                SENATOR DeFRANCISCO:   While we're 

 9   waiting for everyone to congregate, I just wanted 

10   to mention that for the Senators, there's food 

11   out there.  And probably all of you have eaten 

12   already.  But those that didn't, we're going to 

13   go at ease right after we take this vote until 

14   7:15, 45 minutes.  And if we all come back in 

15   time, we'll resume on the third bill.  That way 

16   we give people the opportunity to continue this 

17   process in a humane manner.

18                (Pause.)

19                ACTING PRESIDENT GRIFFO:   Senator 

20   DeFrancisco.

21                SENATOR DeFRANCISCO:   I ask all the 

22   Senators to please take their seats so that we 

23   can determine if everyone's here and actually 

24   take the roll call vote.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1641

 1   Secretary will read the last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   We will now 

12   stand at ease until 7:15.

13                ACTING PRESIDENT GRIFFO:   The 

14   Senate will stand at ease until 7:15 promptly.  

15   Senate is at ease.

16                (Whereupon, the Senate stood at ease 

17   at 6:35 p.m.)

18                (Whereupon, the Senate reconvened at 

19   7:29 p.m.)

20                ACTING PRESIDENT GRIFFO:   The 

21   Senate will come to order.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   I just want 

24   to make an announcement throughout this building 

25   and wherever else Senators might be.  We tried to 


                                                               1642

 1   do this in a logical way by giving people a  

 2   little time to get something to eat, and we were 

 3   supposed to be back at 7:15.  There's a lot of us 

 4   here, but there's also a lot of empty seats.  So 

 5   if you'd like to come back, it would be helpful, 

 6   because the earlier we get done tonight -- rather 

 7   than be here to some ungodly hour.

 8                So please, pretty please -- 

 9                (Laughter.)

10                SENATOR DeFRANCISCO:   -- if anybody 

11   hears this message that's either a Senator or 

12   someone that knows where a Senator is, will you 

13   please send them down now.  Thank you.

14                (Pause.)

15                ACTING PRESIDENT GRIFFO:   The 

16   Senate will come to order.

17                SENATOR DeFRANCISCO:   Yes, can we 

18   now call the next budget bill on the calendar, 

19   please.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Senator Young moves 

23   to discharge, from the Committee on Finance, 

24   Assembly Bill Number 9008C and substitute it for 

25   the identical Senate Bill 6408C, Third Reading 


                                                               1643

 1   Calendar 516.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   516, Assembly Budget Bill, Assembly Print 9008C, 

 7   an act intentionally omitted.

 8                SENATOR DeFRANCISCO:   Is there a 

 9   message of necessity at the desk?  

10                ACTING PRESIDENT GRIFFO:   There is 

11   a message of necessity from the Governor at the 

12   desk.

13                SENATOR DeFRANCISCO:   I move to 

14   accept.

15                ACTING PRESIDENT GRIFFO:   All in 

16   favor of accepting the message of necessity of 

17   the Governor at the desk signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   message is accepted.

23                SENATOR DeFRANCISCO:   Last section.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Gianaris, why --


                                                               1644

 1                (Laughter.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   gentleman from Queens.

 4                SENATOR GIANARIS:   Thank you.  

 5                Mr. President, I believe there is an 

 6   amendment at the desk.  I ask that the reading be 

 7   waived and that Senator Hoylman may be heard on 

 8   the amendment.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Gianaris, upon review of the amendment, I rule 

11   that, in accordance with Rule 10, it is not 

12   germane to the bill before the house and 

13   therefore out of order.

14                SENATOR GIANARIS:   I'd like to 

15   appeal the decision of the chair and ask that 

16   Senator Hoylman be heard on the appeal.

17                ACTING PRESIDENT GRIFFO:   The 

18   appeal is so noted and Senator Hoylman is so 

19   called upon.  

20                Can I have some order in the house, 

21   please.

22                SENATOR HOYLMAN:   Thank you.  Thank 

23   you, Mr. President.

24                Mr. President, my amendment to this 

25   legislation is germane because it does maintain 


                                                               1645

 1   the same purpose and addresses the same area of 

 2   law as the underlying bill.  

 3                My amendment would preserve existing 

 4   resources for communities impacted by the closure 

 5   of fossil fuel power plants as provided in 

 6   Chapter 20 of the Laws of 2015.

 7                Now, it further ensures that 

 8   additional communities that host fossil fuel- 

 9   powered electric generation plants are eligible 

10   to access state assistance when these facilities 

11   are retired and permanently shuttered.  

12                So, Mr. President, we're trying to 

13   get communities to kick the habit of fossil 

14   fuels.  And we need to do that.  We need to 

15   provide them with funding to do so, so they're 

16   not hurt irreparably.  

17                We've already done that.  We did 

18   that in 2015.  But we shouldn't do it this year 

19   by raiding the Regional Greenhouse Gas 

20   Initiative.

21                Now, I think most of our colleagues 

22   know what RGGI is.  It's the nation's first 

23   cap-and-trade program.  It's designed to cut 

24   carbon pollution from the power sector.  Now, we 

25   know about carbon and carbon emissions.  Climate 


                                                               1646

 1   change, as many of us have said on this floor, is 

 2   the greatest threat to our national security, to 

 3   our economy, to our humanity.  So we shouldn't be 

 4   cutting the funds that will actually help us 

 5   overcome climate change.

 6                Over the last seven years, RGGI has 

 7   helped participating states cut power plant 

 8   carbon pollution by more 35 percent while adding 

 9   public health savings by more than $10 billion.  

10   That's 30,000 job years of work, almost 

11   $40 million in energy bill savings, and 

12   $2.4 billion to the regional economy -- that's 

13   New York and the other seven states that are 

14   participating.  

15                According to an independent analysis 

16   just this past July, New York can claim 4500 jobs 

17   created from RGGI.  Now, current law protects 

18   these jobs while helping communities where fossil 

19   plants close permanently, as it should be.  A 

20   $30 million raid of RGGI, though, would pull 

21   about 18 percent of RGGI's revenue, one-fifth of 

22   it, over the past year.  And that raid, according 

23   to these calculations, would kill over 800 jobs.

24                NYSERDA has said that for every 

25   dollar we invest in clean energies, homeowners 


                                                               1647

 1   save about 3 bucks.  And if you count that 

 2   multiplier effect, this raid on RGGI, this 

 3   $30 million raid on RGGI, could cost about 

 4   $90 million in energy cost savings for working 

 5   families here in New York.  

 6                We should have solar and wind in 

 7   these communities where power plants are 

 8   shutting.  But by actually raiding RGGI, it's a 

 9   self-defeating prophecy.

10                RGGI shouldn't be used for the 

11   vestiges, Mr. President, of the fossil fuel 

12   addiction.  That's what the General Fund -- 

13   that's what we determined that the General Fund 

14   should be used for.  That's what we determined to 

15   do last year.  We should stick with last year's 

16   plan.  We should leave RGGI alone.  

17                We've identified the right money to 

18   help these communities that have had power plants 

19   closing, to backfill those property tax losses.  

20   That's the right thing to do.  That's the right 

21   money.  We're just using -- respectfully, 

22   Mr. President -- the wrong source.

23                So I would ask my colleagues to join 

24   me in voting for this amendment.  And nothing 

25   personal, Mr. President, against your ruling.


                                                               1648

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Hoylman.

 4                Senator Hoylman has been heard on 

 5   the appeal.  The question is a procedural 

 6   question before the house.  All in favor of 

 7   overriding the ruling of the chair signify by 

 8   saying aye.

 9                SENATOR GIANARIS:   Show of hands, 

10   please.

11                ACTING PRESIDENT GRIFFO:   A show of 

12   hands has been requested and so instructed.

13                Announce.

14                THE SECRETARY:   Ayes, 25.

15                ACTING PRESIDENT GRIFFO:   The 

16   ruling of the chair is sustained.

17                The bill is before the house.

18                Senator Dilan.

19                SENATOR DILAN:   Yes, Mr. President.  

20   I would --

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Dilan, excuse me.  

23                Can I have some order in the house, 

24   please.  Thank you.  

25                Senator Dilan.


                                                               1649

 1                SENATOR DILAN:   I would ask the 

 2   sponsor if she would yield for some questions.

 3                ACTING PRESIDENT GRIFFO:   A request 

 4   has been made of the sponsor to yield for 

 5   questions from Senator Dilan.

 6                The Senator yields.

 7                SENATOR DILAN:   Thank you.

 8                Mr. President, these are perhaps 

 9   questions which I would have asked during the 

10   budget subcommittee hearings on the mothership.  

11   And I know that I sat at two meetings of the 

12   Transportation table where eventually we got a 

13   $5 million target which I thought at the time was 

14   really insignificant in the whole scope of the 

15   theme of the budget.  

16                But I know we had these two 

17   hearings, and there was never closure to the 

18   subcommittees.  I want to know what happened.  

19   Why didn't we have closure at the budget 

20   subcommittees?  And what happened to all the 

21   money that was targeted at the various tables, 

22   and how was that allocated?  

23                SENATOR YOUNG:   Through you, 

24   Mr. President.  It isn't part of this bill right 

25   now, but it will be taken up later.  And it will 


                                                               1650

 1   be $5 million for upstate transit.

 2                SENATOR DILAN:   Okay.  I know that 

 3   with your opening -- I'm sorry, Mr. President, 

 4   would the --

 5                ACTING PRESIDENT GRIFFO:   Does the 

 6   sponsor yield?

 7                SENATOR DILAN:   -- sponsor yield?

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR YOUNG:   Yes.

11                ACTING PRESIDENT GRIFFO:   Again, 

12   can I have some order, please.

13                SENATOR DILAN:   Mr. President, in 

14   the opening remarks of the sponsor, the Senator 

15   listed a number of targets for the Department of 

16   Transportation and its capital budget, I believe 

17   it was to the tune of 25 billion-plus dollars.  

18   So basically I want to know if she could 

19   reiterate those numbers, and was the DOT capital 

20   plan funded under this budget plan?  

21                SENATOR YOUNG:   Sure.  Well, I'll 

22   give you, Senator, what I talked about in the 

23   beginning.  That will be in a separate budget.  

24   Those figures will be in the capital budget when 

25   that comes before the house.


                                                               1651

 1                But what we're looking at is a 

 2   $25.1 billion multiyear DOT capital plan.  So it 

 3   would be additional funds for road and bridges 

 4   and non-MTA upstate and downstate transit, rail 

 5   freight and aviation, which I know you're 

 6   interested in all those subjects.

 7                SENATOR DILAN:   Does the Senator 

 8   continue to yield?  

 9                SENATOR YOUNG:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   Senator yields.

12                SENATOR DILAN:   So what you're 

13   telling us is that when the appropriate bill 

14   comes before this chamber, we can have further 

15   discussion on this issue?  

16                SENATOR YOUNG:   Yes, of course.

17                SENATOR DILAN:   Okay.  And two more 

18   questions.  Does the member continue to yield?  

19                SENATOR YOUNG:   Yes.

20                SENATOR DILAN:   With respect to the 

21   MTA capital funding, I know that earlier this 

22   year or late last year there was an MOU by the 

23   Governor and the Mayor of the City of New York, 

24   and there was a commitment of $7.3 billion by the 

25   state.  I would like to know where that funding 


                                                               1652

 1   is, and how do we expect to fund the MTA capital 

 2   plan?  

 3                SENATOR YOUNG:   So through you, 

 4   Mr. President, you'll notice in the sheet that 

 5   you have on your desk there's Part A, Part B and 

 6   Part C, and those are omitted right at the 

 7   moment.  Those actually will be included in the 

 8   Education, Labor and Family Assistance part of 

 9   the budget, and those will be dealing with MTA 

10   financing and reforms.

11                SENATOR DILAN:   Mr. President, will 

12   the chair continue to yield?  

13                ACTING PRESIDENT GRIFFO:   The 

14   sponsor yields.

15                SENATOR YOUNG:   Yes.

16                SENATOR DILAN:   Basically -- my 

17   final question -- so basically it appears that 

18   the MTA capital funding is basically an IOU; is 

19   that correct?  

20                SENATOR YOUNG:   Through you, 

21   Mr. President, Senator Dilan, just to answer his 

22   question, that will be addressed in the ELFA 

23   bill.

24                SENATOR DILAN:   Thank you, 

25   Mr. President.


                                                               1653

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Dilan.

 3                Senator Squadron.

 4                SENATOR SQUADRON:   Thank you very 

 5   much.  If the sponsor would yield.

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   Thank you very 

10   much.  And I thank my colleague Senator Dilan, 

11   the ranking member of the Transportation 

12   Committee, for his questions.  And I do look 

13   forward to the bill where we can address these. 

14                I do want to ask, though, Chairman 

15   Prendergast, the chair of the MTA, said just a 

16   week ago, reported in both Capital NY and 

17   Gothamist:  "June 30th of this year, that's when 

18   we run out of money," the MTA runs out of money, 

19   "unless there's a capital plan approved with a 

20   funding source."  

21                Is there anything between now and 

22   the time we see the new bill that we can tell the 

23   chair of the MTA and the millions of riders who 

24   depend on buses and subways to give them 

25   confidence they will not run out of money for 


                                                               1654

 1   their capital plan before June 30th?

 2                SENATOR YOUNG:   Thank you, 

 3   Mr. President.

 4                The MTA needs have to be reviewed by 

 5   the Capital Program Review Board, and those 

 6   issues will be addressed prior to the deadline.

 7                SENATOR SQUADRON:   If the sponsor 

 8   will continue to yield.

 9                SENATOR YOUNG:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR SQUADRON:   And a final 

13   question.  Similarly, the chair and the CFO of 

14   the MTA have said that they're not going to be 

15   able to go out to the bond market to finance 

16   capital projects without additional revenues 

17   coming to the MTA.  Is there anything that we can 

18   tell the leadership of the MTA, the bond market, 

19   and the millions of riders who depend on buses 

20   and subways every day -- and commuter rail -- 

21   throughout the downstate region to move our 

22   economy, about the assurance of a funding source 

23   to allow them to go to the bond market before 

24   June 30th?

25                SENATOR YOUNG:   Thank you, 


                                                               1655

 1   Mr. President.

 2                For the MTA, those needs will be 

 3   reflected by the MTA when the time is appropriate 

 4   when they come to the state to get those funds 

 5   that are necessary.  And so we'll be looking 

 6   forward to getting that information from the MTA.

 7                SENATOR SQUADRON:   If the sponsor 

 8   will continue to yield, a follow-up question.

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.  

11                SENATOR YOUNG:   I thought you said 

12   it was the last question.

13                SENATOR SQUADRON:   It was, but that 

14   answer had a lot in it -- which I appreciate.  So 

15   just a follow-up to the information in that 

16   question.

17                To clarify, the MTA will only -- is 

18   the sponsor saying the MTA will only get that 

19   funding when the MTA comes back to the 

20   Legislature, or has the MTA sufficiently come to 

21   the Legislature that it's now kind of on us and 

22   we'll see it in a future bill, as the sponsor 

23   said minutes ago?  Just clarity.

24                SENATOR YOUNG:   Thank you, 

25   Mr. President.  Those needs will be addressed in 


                                                               1656

 1   upcoming budgets as they become apparent, based 

 2   on information from the MTA.

 3                SENATOR SQUADRON:   Thank you.  On 

 4   the bill.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Squadron on the bill.

 7                SENATOR SQUADRON:   I appreciate the 

 8   sponsor being clear with Senator Dilan, and again 

 9   now, that these issues will be addressed in this 

10   budget.  

11                To anyone still negotiating the 

12   budget in any rooms in this building, I would 

13   strongly urge, if you're listening, please go 

14   beyond the IOU that Senator Dilan referenced.  

15   Please find real funding for the MTA's capital 

16   program, for the road and bridge capital program, 

17   real dollars.  Both are critical, critical, 

18   critical pieces of our economy, of lifestyles in 

19   every corner of this state.  

20                And I look forward to that bill 

21   coming out in the next hours or days, and 

22   discussing the MTA capital plan at that point.  

23                But again, to any negotiators out 

24   there, find the money.  Let's not do an IOU.  I 

25   don't take the subway with an IOU, I do it with a 


                                                               1657

 1   MetroCard.  Don't fund the capital plan with an 

 2   IOU.  

 3                Thank you, Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Hoylman.

 6                SENATOR HOYLMAN:   Thank you, 

 7   Mr. President.  On the bill.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hoylman on the bill.

10                SENATOR HOYLMAN:   I just wanted to 

11   express my disappointment, Mr. President, that 

12   once again, due to the actions of this chamber, 

13   we're delaying the implementation of the Diesel 

14   Emissions Reduction Act.  You know, that is a law 

15   that was passed with broad bipartisan support, 

16   from our friends on the other side of the aisle 

17   as well as ours, 10 years ago.  The goal is to 

18   reduce airborne fine particulate matter that's 

19   linked to asthma, scientifically proven in so 

20   many of our communities to cause asthma in young 

21   people.  

22                I mentioned the other day that I was 

23   visited by a mother who told me that her daughter 

24   had been to the hospital 21 times, 21 times since 

25   January for asthma-related illness.  


                                                               1658

 1                It's also related to heart attacks 

 2   and lung cancer.  We should have done this six 

 3   years ago.  And every month, it seems, we get 

 4   more evidence as to why we should do it.  Just 

 5   yesterday a report was issued by a hospital in my 

 6   district, NYU Langone School of Medicine, that 

 7   found that premature births linked to exposure to 

 8   air pollution cost the U.S. more than $4 billion 

 9   a year in medical care and lost economic 

10   opportunity.  

11                Air pollution including the fine 

12   particulate matter that is caused by inefficient 

13   diesel engines, the ones we're talking about in 

14   DERA, can result in toxic buildup, according to 

15   this report, in the blood of women, causing 

16   immune system distress that weakens the placenta 

17   and shortens the amount of time that babies can 

18   actually stay in the womb.  That's pretty serious 

19   stuff.  

20                So I hope that when we consider this 

21   bill tonight, we'll understand that we've been in 

22   fact very shortsighted in understanding the 

23   health risks that are caused by diesel and fully 

24   grappling -- fully grappling, Mr. President -- 

25   with the impact that we're unleashing on our 


                                                               1659

 1   fellow citizens by not implementing a law that we 

 2   passed a decade ago.

 3                Thank you.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Sanders.

 6                SENATOR SANDERS:   Thank you, 

 7   Mr. President.  On the bill.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Sanders on the bill.

10                SENATOR SANDERS:   I'm concerned 

11   about some of the MWBE language that's in the 

12   bill.  It causes me great concern.  

13                Now, we've all established that of 

14   course MWBE is the law of the land, and as a law 

15   it should supersede whatever understandings that 

16   we have.  And we are all trying get to the 

17   Governor's goal of 30 percent, and I fear that 

18   this bill, the way it is written, may undercut 

19   that.  And here's how I believe that it will do 

20   so.

21                We're not taking into account what 

22   design/build means in terms of the MWBE 

23   requirements, nor are we looking at what is 

24   called "best value" and even the labor project 

25   agreements.  When you start putting all of these 


                                                               1660

 1   things in, you're undercutting the Crosson 

 2   decision.  The Crosson decision, of course, is 

 3   what allows you to have an MWBE program.  The  

 4   Crosson decision, of course, was written so 

 5   specific that you can't just put things in.  

 6   Because if you do, you're making sure that the -- 

 7   that you won't have a program.

 8                So when you're speaking of LaGuardia 

 9   redevelopment and all of these other 

10   redevelopment projects, from my point of view 

11   you'll never get to your 30 percent or anyplace 

12   close to it if you're tacking on more and more of 

13   these other worthy goals.  And when you start 

14   coming in with other language, language that says 

15   MWBE participation is still required to the 

16   extent practicable, you're contradicting the 

17   decision.  If you're saying that you have a 

18   decision, MWBE, and then you're saying, Well, 

19   we'll only do it where we believe it is -- where 

20   we believe that we can make it work.  Instead of 

21   obeying the law of the land, you're contradicting 

22   the thing.

23                So I'm urging my colleagues to look 

24   at this part.  And perhaps as we get further into 

25   finding out what is this budget that we're really 


                                                               1661

 1   doing, what is this, we can further define and 

 2   carve some of these things that will handicap the 

 3   program out.

 4                So just some concerns that I'm 

 5   hoping that my colleagues will take into account 

 6   as we go through this process.  

 7                Thank you very much, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Panepinto.

10                SENATOR PANEPINTO:   Yes, 

11   Mr. President.  I have some questions for the 

12   sponsor on this bill.

13                ACTING PRESIDENT GRIFFO:   Does the 

14   sponsor yield?  

15                SENATOR YOUNG:   Sure.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR PANEPINTO:   Mr. President, 

19   I'd like to know from the sponsor, it seems to me 

20   by reading the language on this bill that we have 

21   changed our procedure for allowing municipalities 

22   to access money from the closure of power plants.  

23   And I want to know if I'm in fact reading it 

24   correctly.

25                SENATOR YOUNG:   Through you, 


                                                               1662

 1   Mr. President.  So I believe that Senator 

 2   Panepinto was asking for $30 million power plant 

 3   mitigation fund that was established by the 

 4   Senate last year in an amount of $19 million.  

 5   It's been changed this to add more funds to it so 

 6   that it would total $30 million.  

 7                And included in that there is 

 8   language that would change the requirements for 

 9   those funds to be distributed.

10                SENATOR PANEPINTO:   Mr. Speaker, 

11   may I ask another question?  

12                ACTING PRESIDENT GRIFFO:   Sure.  

13                Will the sponsor yield?  The sponsor 

14   yields.

15                SENATOR PANEPINTO:   So the change 

16   in the language that is -- if there's an 

17   reduction in the tax revenue that is paid to a 

18   municipality, if it drops down 20 percent, the 

19   municipality or school district can then access 

20   these transition funds.  Is that what the 

21   legislation does now?

22                SENATOR YOUNG:   So through you, 

23   Mr. President, just to clarify.  The language 

24   basically is based on the impacts -- previously 

25   it was based on the impact of the total taxes.  


                                                               1663

 1   Now it's based on the loss of the payment in lieu 

 2   of taxes that exists in many communities.  For 

 3   example, I know you have the Huntley plant in 

 4   your community in Tonawanda; I have the NRG 

 5   plant -- both same company -- in Dunkirk in my 

 6   district.  So basically this would help deal with 

 7   the loss of the PILOT funding, to help the 

 8   school, to help the county, and also to help the 

 9   Town of Tonawanda or the City of Dunkirk.

10                SENATOR PANEPINTO:   Mr. Speaker, 

11   would the sponsor continue to yield?  

12                SENATOR YOUNG:   Yes.

13                ACTING PRESIDENT GRIFFO:   The 

14   sponsor yields.

15                SENATOR PANEPINTO:   So by way of 

16   example, in the Town of Tonawanda, the Huntley 

17   power plant pays over $6 million to the school 

18   district and municipality.  If they had a 

19   reduction of 20 percent of that money, they would 

20   then have access to these funds, according to the 

21   new language.

22                SENATOR YOUNG:   So through you, 

23   Mr. President, I'm not clear where the Huntley 

24   plant is as far as closure goes.  It's my 

25   understanding it's in the process of being 


                                                               1664

 1   closed.  Or it's closed already, but --

 2                SENATOR PANEPINTO:   It's closed 

 3   already, as of March 1st.

 4                SENATOR YOUNG:   And I'm not sure 

 5   what NRG did as far as the PILOT payment went.  

 6   But according to the language, it says "the 

 7   closing of such facility has caused a reduction 

 8   in the real property tax collections of payments 

 9   in lieu of taxes of at least 20 percent owed by 

10   such electric generating facility."

11                SENATOR PANEPINTO:   Mr. President, 

12   will the sponsor continue to yield?  

13                SENATOR YOUNG:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR PANEPINTO:   So my example 

17   is that Huntley paid $6 million in their PILOT 

18   payments already this year.  They're going to 

19   attempt to recoup that money.  If they recoup 

20   70 percent of that, would the Town of Tonawanda 

21   then be eligible for these payments?  

22                SENATOR YOUNG:   Yes.  Through you, 

23   Mr. President.  So basically the way the program 

24   works is that if there's a tax loss that's 

25   significant because the PILOT has been reduced, 


                                                               1665

 1   then that loss will have -- will be able to 

 2   recoup, from this state mitigation fund, 

 3   80 percent of the lost revenues.

 4                SENATOR PANEPINTO:   Mr. President, 

 5   will the sponsor continue to yield?  

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR PANEPINTO:   According to 

10   the language here in the bill, it would be 

11   80 percent of the lost tax revenue in the first 

12   year.  What would the Years 2 through 5 -- what 

13   amount could they recoup in those years?

14                SENATOR YOUNG:   I believe that 

15   it's -- the maximum is for five years, just to 

16   give communities time to be able to transition.  

17   And I believe that, you know, you could probably 

18   secure -- and it's a year-to-year basis, let me 

19   make that clear.  So this body, the Governor and 

20   the Assembly would have to agree in the next 

21   budget to have such funds available.  

22                But the language says that 

23   communities could qualify that are impacted for 

24   up to five years.

25                SENATOR PANEPINTO:   Mr. President, 


                                                               1666

 1   would the sponsor continue to yield?  

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR PANEPINTO:   I understand 

 6   that, Mr. President, that they can continue to 

 7   apply for up to five years.  The language says 

 8   80 percent in the first year.  Would that 

 9   80 percent continue in Years 2 through 5?

10                SENATOR YOUNG:   Through you, 

11   Mr. President, I think that probably would be 

12   determined in this coming year's -- the next 

13   year's budget, the exact specifics.

14                SENATOR PANEPINTO:   On the bill, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Panepinto on the bill.

18                SENATOR PANEPINTO:   I want to thank 

19   Senator Young and Senator Ranzenhofer and our 

20   friends in the Assembly for, you know, working on 

21   this very important bill.  I mean, having money 

22   available for just transition for communities 

23   that lose coal or oil power plants is critically 

24   important around the state.  

25                We have five coal plants, we have 


                                                               1667

 1   two closing in Western New York, probably three 

 2   more in the upcoming years.  The Governor has 

 3   committed to closing them all by 2020.  These 

 4   communities cannot exist if we don't prepare them 

 5   for a transition off of their addiction to their 

 6   power plants.  

 7                So I want to commend my colleagues 

 8   on the other side, thank the Governor and thank 

 9   our colleagues in the Assembly for coming up with 

10   a solution which will help the City of Dunkirk, 

11   the Town of Tonawanda, and other municipalities 

12   around the state.  

13                Thank you, Mr. President.  I'm 

14   voting in the affirmative.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Panepinto.

17                Senator Dilan.

18                SENATOR DILAN:   Yes.  I have one 

19   further question of the sponsor, and I'd like to 

20   know if she would yield.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Young, do you yield?  

23                SENATOR YOUNG:   Yes.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.


                                                               1668

 1                SENATOR DILAN:   Yes, Mr. President, 

 2   my question is I recall during the budget 

 3   hearings initially when we first started, we 

 4   questioned the commissioner of DOT with respect 

 5   to some transparency issues, especially when it 

 6   came to DOT's project list.  And at that time the 

 7   commissioner promised that we would have a 

 8   project list before we voted on the capital plan.  

 9   I want to know if we have received that project 

10   list.

11                SENATOR YOUNG:   So through you, 

12   Mr. President, there is an MOU that will be put 

13   together.  And when that MOU is signed, that list 

14   will be released.

15                SENATOR DILAN:   So we can expect to 

16   see a project list upon approval of this budget, 

17   or before it?

18                SENATOR YOUNG:   So through you, 

19   Mr. President, this is a parity issue.  So at the 

20   same time that list is released for the MOU, the 

21   same actions will be taken on behalf of the MTA 

22   so that you have those projects outlined very 

23   clearly also.

24                SENATOR DILAN:   On the bill.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1669

 1   Dilan on the bill.

 2                SENATOR DILAN:   Yeah, I'd just like 

 3   to make the point that with respect to 

 4   transparency, the MTA has always had a project 

 5   list.  And they submitted that to us.  And upon 

 6   its original submission to us, it was immediately 

 7   vetoed by the DOT commissioner.  So as far as I'm 

 8   concerned, there has been transparency on the 

 9   part of the MTA, and I hope that the commissioner 

10   of DOT keeps the promise it made to the Finance 

11   Committee.

12                So I will be voting in the 

13   affirmative on this bill.  Thank you.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Dilan.

16                Seeing and hearing no other Senator 

17   that wishes to be heard, the debate is closed and 

18   the Secretary will ring the bell.  

19                We welcome the distinguished Speaker 

20   of the Assembly to the house.  Speaker Heastie, 

21   welcome to the Senate.

22                (Applause.)

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               1670

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   We are now 

10   simply waiting for direction at this point in 

11   time.  And hopefully we will have it soon so 

12   everybody can know what we're going to be doing.  

13   Hopefully, it will be just a few minutes more.  

14                So if we can stand at ease in place 

15   in case -- in place.

16                ACTING PRESIDENT GRIFFO:   Very good 

17   terminology.  The Senate will stand at ease in 

18   place.

19                (Whereupon, the Senate stood at ease 

20   at 8:06 p.m.)

21                (Whereupon, the Senate reconvened at 

22   8:09 p.m.)

23                ACTING PRESIDENT GRIFFO:   The 

24   Senate will come to order.

25                Senator DeFrancisco.


                                                               1671

 1                SENATOR DeFRANCISCO:   Yes, I have 

 2   just been informed that there will be a Finance 

 3   Committee meeting at 9:15 this evening.  The bill 

 4   is being printed, the next bill is being printed.  

 5   So that's basically where we are.  

 6                So we are at ease until after the 

 7   Finance Committee.

 8                ACTING PRESIDENT GRIFFO:   There 

 9   will be a Finance Committee meeting in Room 332, 

10   Finance Committee meeting in Room 332 at 9:15.  

11   Once again, all members of the Senate Finance 

12   Committee are to report at 9:15 to Room 332.

13                The Senate will come into session 

14   following the meeting of the Finance Committee.  

15   Until such time, the Senate will stand at ease.

16                Senator Gianaris.  

17                {Gaveling.}  Can I have some order, 

18   please.  

19                Senator Gianaris, I'm banging that 

20   so you can have attention now.  

21                SENATOR GIANARIS:   Thank you very 

22   much, Mr. President.  

23                There will be an immediate 

24   Democratic conference in the Democratic 

25   Conference Room.


                                                               1672

 1                ACTING PRESIDENT GRIFFO:   There 

 2   will be an immediate meeting of the Democrat 

 3   Conference in the Democrat Conference Room, an 

 4   immediate meeting of the Democrat Conference in 

 5   the Democrat Conference Room on the third floor.

 6                The Senate is at ease.

 7                (Whereupon, the Senate stood at ease 

 8   at 8:10 p.m.)

 9                (Whereupon, the Senate reconvened at 

10   11:18 p.m.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will come to order.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, you have 

15   on the desks Senate Supplemental Calendar Number 

16   29B.  I would request that you do the 

17   noncontroversial reading.

18                ACTING PRESIDENT GRIFFO:   There is 

19   a message of necessity at the desk.

20                SENATOR DeFRANCISCO:   I move that 

21   you accept it.

22                ACTING PRESIDENT GRIFFO:   First 

23   we'll accept the Finance Committee report, with 

24   your approval.

25                SENATOR DeFRANCISCO:   I definitely 


                                                               1673

 1   approve.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read the Finance Committee report.

 4                THE SECRETARY:   Senator Young, from 

 5   the Committee on Finance, reports the following 

 6   bill:  

 7                Senate Print 6409C, Senate Budget 

 8   Bill, an act to amend the Real Property Tax Law.  

 9                All bills reported direct to third 

10   reading.

11                ACTING PRESIDENT GRIFFO:   All in 

12   favor of accepting the report of the Finance 

13   Committee signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT GRIFFO:   Opposed?  

16                (No response.)

17                ACTING PRESIDENT GRIFFO:   The 

18   report is accepted and before the house.  

19                There is a message at the desk, 

20   Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   I move to 

22   accept.

23                ACTING PRESIDENT GRIFFO:   All in 

24   favor of accepting the message of necessity of 

25   the Governor signify by saying aye.


                                                               1674

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   message is accepted, and the bill is before the 

 6   house.

 7                SENATOR GIANARIS:   Lay it aside, 

 8   please. 

 9                ACTING PRESIDENT GRIFFO:   Can we 

10   read it first, Senator Gianaris?

11                SENATOR GIANARIS:   {Inaudible.}

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                SENATOR DeFRANCISCO:   The 

15   noncontroversial reading, please.

16                THE SECRETARY:   Calendar Number 

17   517, Senate Budget Bill, Senate Print 6409C, an 

18   act to amend the Real Property Tax Law.

19                SENATOR GIANARIS:   Lay it aside.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is laid aside.

22                The Secretary will ring the bell.

23                The Secretary will read.

24                THE SECRETARY:   Calendar Number 

25   517, Senate Budget Bill, Senate Print 6409C, an 


                                                               1675

 1   act to amend the Real Property Tax Law.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.  If through you the sponsor would 

 6   yield, please.

 7                ACTING PRESIDENT GRIFFO:   Will the 

 8   sponsor yield?  

 9                SENATOR YOUNG:   Yes.  If we could 

10   just have a moment, please.

11                SENATOR KRUEGER:   Certainly.

12                (Pause.)

13                SENATOR YOUNG:   Mr. President, 

14   we're ready to proceed.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger.

17                SENATOR KRUEGER:   Thank you.  

18   Through you, Mr. President, if the sponsor will 

19   yield.

20                SENATOR YOUNG:   Yes.

21                ACTING PRESIDENT GRIFFO:   The 

22   sponsor yields.

23                SENATOR KRUEGER:   Thank you.

24                This is our first appropriations 

25   bill; is that correct?  


                                                               1676

 1                SENATOR YOUNG:   Mr. President, 

 2   through you, this is the revenue bill in the 

 3   State Budget.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, I want to reference the 2007 

 6   Budget Reform Law, which clarified that "The 

 7   Legislature shall enact a budget for the upcoming 

 8   fiscal year that is determined is balanced in the 

 9   General Fund.  Before voting on bills submitted 

10   by the Governor and related legislation as 

11   amended in accordance with Article 7 of the 

12   Constitution, each house shall place on the desk 

13   of its members a report relating to each such 

14   bill and preceding final action on all such bills 

15   and legislation.  Members shall be so provided 

16   with a comprehensive cumulative report relating 

17   to all such bills and legislation.  The reports 

18   prepared for each house shall include, for the 

19   General Fund, a summary of the proposed 

20   legislative revisions to the Executive Budget for 

21   the ensuing fiscal year, shall separately 

22   identify and present all legislative additions, 

23   reestimates, other revisions that increase or 

24   decrease disbursements, and separately identify 

25   and present all legislative reestimates and other 


                                                               1677

 1   revisions that increase or decrease available 

 2   resources" -- which of course would include the 

 3   revenue bill.  

 4                "Such reports shall, where 

 5   practicable, display and separately identify and 

 6   present all legislative additions, reestimates, 

 7   and other revisions that increase or decrease 

 8   state funds and All Funds spending, including an 

 9   estimate of the impact of the proposed revisions 

10   on local governments and the state workforce."

11                Do we have that available to us, 

12   Mr. President?  

13                SENATOR YOUNG:   Through you, 

14   Mr. President, I said to Senator Krueger earlier 

15   in the evening that Senator DeFrancisco said one 

16   of the first things she would ask would be about 

17   the revenue plan or the fiscal plan.  And you do 

18   have that on your desk.  It looks like this 

19   (showing).  Would you like to go through it?  

20                SENATOR KRUEGER:   Through you, 

21   Mr. President, Senator Young is correct, I have 

22   the three-page fiscal plan.  But we don't have 

23   the said report that is supposed to be prepared.  

24                I have the sample from last year, at 

25   least sections of it, for the -- this is the 


                                                               1678

 1   section from last year matching the revenue bill.  

 2   I'm happy to hand it to Senator Young (handing).  

 3   That is the report that I am looking for.

 4                SENATOR YOUNG:   So through you, 

 5   Mr. President, are you saying that you're looking 

 6   for a fact sheet, Senator Krueger?  Because 

 7   that's what this is.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, last year it was called a fact 

10   sheet to match the revenue bill.  And there was 

11   one for each bill we were doing.  So I am 

12   perfectly happy to have it called a fact sheet as 

13   opposed to the more explicit language in the 2007 

14   law.  I don't mind that it's called a fact sheet 

15   or not a fact sheet.

16                SENATOR YOUNG:   That's a similar 

17   listing of the different parts of the bill.  The 

18   different part -- it goes Part A all the way 

19   through Part H.  Well, actually beyond that.  To 

20   the very end of the bill.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, I appreciate this is a list of the 

23   lines of what each part is, but it is not showing 

24   what is different from the Governor's proposed 

25   budget, what we have added, what we have 


                                                               1679

 1   subtracted, what we have changed, reestimates of 

 2   the cost from the original Governor's proposed 

 3   bill.  It's not the same as what I just shared 

 4   with the chair, from last year.

 5                SENATOR YOUNG:   So we can go 

 6   through the fiscal plan, if you'd like, that's on 

 7   your desk.

 8                SENATOR KRUEGER:   Mr. President, 

 9   I'm happy to go through the fiscal plan, but 

10   that's not the question before the house.  It's 

11   where is the legally required report on the 

12   revenue bill, Section -- excuse me, Section 54 of 

13   the Legislative Law.

14                SENATOR YOUNG:   So through you, 

15   Mr. President, if you look at page 2 of the 

16   handout sheet that you were given, on the fiscal 

17   year 2017 projected spending, if you look on page 

18   2, there's Executive to Enacted Budget 

19   Reconciliation, in millions of dollars.  Is that 

20   what you're looking for?

21                SENATOR KRUEGER:   No.  Can you give 

22   me back that fact sheet for a minute that I just 

23   handed you?  I should have had multiple copies, I 

24   apologize, Mr. President.  Through you.  

25                If everyone had a copy of last 


                                                               1680

 1   year's fact sheet, it would, for example, show 

 2   "Part A, the Legislature modifies the Executive 

 3   proposal to achieve the following savings in this 

 4   fiscal year," and then it lays out the detailed 

 5   language of what was denied from the Governor's 

 6   original proposal in Part A, then what the 

 7   Legislature included.  Then it goes to Part B, 

 8   again.

 9                SENATOR YOUNG:   So through you, 

10   Mr. President, again, this is the report on the 

11   amended Executive Budget, all state agencies and 

12   operations.  And we'll bring you a copy of that 

13   right away.

14                SENATOR KRUEGER:   Actually, we need 

15   one for every member, under the law.

16                SENATOR YOUNG:   Okay, we'll bring 

17   that.  We'll be able to do that, no problem.

18                SENATOR KRUEGER:   Okay.  I'll just 

19   wait for that, thank you.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Latimer.

22                SENATOR LATIMER:   Thank you, 

23   Mr. President.

24                Would the Senator yield for some 

25   questions?  


                                                               1681

 1                SENATOR YOUNG:   Yes.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senator yields.

 4                SENATOR LATIMER:   Thank you, 

 5   Senator.  

 6                I want to ask some very specific 

 7   questions, Senator, from Part A.  It's on page 4 

 8   of the bill.  And it relates to this new 

 9   provision for the STAR program and how it is to 

10   be administered.  I believe that the Senate 

11   one-house rejected the original Executive 

12   language, but I gather it has been reinstated in 

13   some modified fashion.  Senator, can you explain 

14   what the reinstatement provisions are?  

15                SENATOR YOUNG:   Through you, 

16   Mr. President, this is indeed to do with the STAR 

17   program.  And it's a STAR to a personal income 

18   tax credit, and people who buy a new home will 

19   receive an income tax credit.

20                SENATOR LATIMER:   Would the Senator 

21   continue to yield?  

22                SENATOR YOUNG:   Yes.

23                ACTING PRESIDENT GRIFFO:   The 

24   Senator yields.

25                SENATOR LATIMER:   Senator, can you 


                                                               1682

 1   describe what the existing system that's been 

 2   changed to this is?  I read it as a dramatic 

 3   change, but I'd appreciate your analysis of it as 

 4   part of the presentation of this before us 

 5   tonight.

 6                SENATOR YOUNG:   So through you, 

 7   Mr. President, if you currently have the STAR 

 8   program, there is no change.  It's only for new 

 9   homeowners.

10                SENATOR LATIMER:   Would the Senator 

11   continue to yield?  

12                SENATOR YOUNG:   Yes.

13                ACTING PRESIDENT GRIFFO:   The 

14   Senator yields.

15                SENATOR LATIMER:   Thank you.  

16   Through the President.  As I read the language on 

17   page 4 and I go down to about -- approximately in 

18   the 40s, line in the 40s, my reading of this is 

19   it says that the applicant -- one of the 

20   applicants must have held title to the property 

21   on the taxable status on the date of the 

22   assessment roll, and in the case -- as it goes on 

23   to say -- that there is a change in the 

24   applicant, then that would change the program 

25   from the current procedure, which is a reduction 


                                                               1683

 1   in your school taxes prior to you getting a 

 2   school bill, to this tax credit.  

 3                And if that is the case, then I 

 4   would interpret it to be not just new entrants, 

 5   but any situation where a home is taken over by 

 6   an inherited situation, where a parent has a home 

 7   and a child inherits it, or if a person is on the 

 8   STAR program and changes homes, moves to a 

 9   different house.  It appears to be not just a new 

10   entrant to the program, but any change in the 

11   ownership of a particular unit.

12                Now, Senator, what's your assessment 

13   of that interpretation?  Is that accurate, or do 

14   you think that's perhaps inaccurate?  

15                SENATOR YOUNG:   So, Mr. President, 

16   through you.  Senator, you're correct in that if 

17   there's a change in title in a home, then it does 

18   change over to a personal income tax credit.

19                SENATOR LATIMER:   Thank you.  Will 

20   the Senator continue to yield?  

21                SENATOR YOUNG:   Yes.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR LATIMER:   I think, then, it 

25   looks like it's a much broader changeover for a 


                                                               1684

 1   larger number of people than perhaps we would 

 2   have thought if it was just somebody who was 

 3   entering the program for the first time.

 4                Now, there is a change in the system 

 5   whereby you will apply for a tax credit in the 

 6   following year.  Now, am I correct in 

 7   understanding that that would create a cash-flow 

 8   issue?  Because where you would have gotten the 

 9   reduction of your school taxes, say, in 2016, you 

10   now have to get the financial benefit by applying 

11   in 2017 as a tax credit, and therefore you could 

12   well have a cash-flow difference between when you 

13   got the benefit previously and when you get the 

14   benefit now under this program?  Is that a 

15   correct understanding of this?

16                SENATOR YOUNG:   Mr. President, 

17   through you, no, that will not be an issue.  And 

18   it's because there's an advance tax credit that's 

19   involved.  So the check would be cut to the 

20   homeowner before the taxes were due.

21                SENATOR LATIMER:   Through the 

22   President, will the Senator continue to yield?  

23                SENATOR YOUNG:   Yes.

24                SENATOR LATIMER:   Is there any 

25   provision made in here that differentiates an 


                                                               1685

 1   enhanced STAR owner, who is a person of more 

 2   limited income and a senior citizen, 65 or older, 

 3   with a more limited income, that would protect 

 4   them in way, shape or form from these cash 

 5   concerns?  

 6                SENATOR YOUNG:   So through you, 

 7   Mr. President, for Enhanced STAR it will be the 

 8   traditional requirements, but with the new system 

 9   if there's a change in title.

10                SENATOR LATIMER:   Thank you, 

11   Senator.  Will the Senator continue to yield, 

12   through the President?  

13                SENATOR YOUNG:   Yes.

14                SENATOR LATIMER:   Thank you, 

15   Senator.  

16                There is a general statement that 

17   says that provisions will be made for special 

18   cases, such as cooperative apartments or 

19   properties that are located in two districts.  

20   Can you describe what the mechanism is for 

21   provisions and what that may mean in a concrete 

22   way?  I'm not sure I know what "property located 

23   in two districts" means.  There are obviously 

24   cooperative apartments that operate with the 

25   benefit in a completely different way than the 


                                                               1686

 1   private homeowner would be.  

 2                So the question is, what specifies 

 3   those provisions for those special cases?  

 4                SENATOR YOUNG:   Mr. President, 

 5   through you.  Basically it's a mechanism -- and 

 6   it's a differential between two districts.  So 

 7   you would get an average between the two amounts 

 8   for your credit.

 9                SENATOR LATIMER:   And through the 

10   President again, will the Senator yield?

11                SENATOR YOUNG:   Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senator yields.

14                SENATOR LATIMER:   Help me 

15   understand, Senator, when we say two districts, 

16   what are we talking about?  Is this a piece of 

17   land that somehow crosses two school district 

18   borders, or is there some other mechanism by 

19   which we describe two districts?

20                SENATOR YOUNG:   Mr. President, 

21   through you.  Yes, Senator, you're correct that 

22   it would be, for example, a property that crosses 

23   between two separate school districts.

24                SENATOR LATIMER:   And the final 

25   question in this area, through the President, 


                                                               1687

 1   Senator, would you continue to yield?  

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senator yields.

 5                SENATOR LATIMER:   The details in 

 6   this legislation have to have some meat fleshed 

 7   out.  Where do we reside the authority to 

 8   interpret and to lay out the specifics?  

 9   Obviously, people who benefit from this program 

10   will have specific questions.  And how will that 

11   be structured through this legislation?

12                SENATOR YOUNG:   Mr. President, 

13   through you.  Any issues with interpretation 

14   would be handled through the New York State 

15   Department of Taxation and Finance, just as the 

16   system exists right now.

17                SENATOR LATIMER:   And, 

18   Mr. President, if the Senator would continue to 

19   yield, I just have one additional question on a 

20   different part of this legislation.

21                SENATOR YOUNG:   Certainly.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR LATIMER:   Thank you, 

25   Senator.  I would direct your attention to Part 


                                                               1688

 1   BB, which begins on page 50, and over the next 

 2   couple of pages it relates to an enhanced 

 3   financing of the Equine Health and Safety Program 

 4   at racetracks.  And in this language it 

 5   identifies there will be an increase in the VLT 

 6   contribution to the Equine Health and Safety from 

 7   1 percent to 1.6 percent.  It highlights that 

 8   there's a total dollar amount of $2.4 million, of 

 9   which this enhanced purse is a million dollars.

10                With that million dollars being 

11   redirected from the VLTs to the Equine Health and 

12   Safety, what if anything compensates the way that 

13   million dollars will be used for its other 

14   existing entities that the VLTs fund, which would 

15   be payments to host communities, education, 

16   whatever else those other expenses are?  

17                SENATOR YOUNG:   So through you, 

18   Mr. President, actually this 1 to 1.6 percent 

19   does not affect education dollars at all.  And as 

20   a matter of fact, the extra collection of 

21   $700,000 would go to the state for equine 

22   testing, and that comes from the handle.

23                SENATOR LATIMER:   May I just follow 

24   up, Mr. President?  Senator, if you'd continue to 

25   yield.  


                                                               1689

 1                If it doesn't affect education, 

 2   though, there is still some reallocation of 

 3   money.  If a million dollars is going from the 

 4   VLTs to the Equine Health and Safety, that's a 

 5   million dollars that's not being used in some 

 6   other fashion.  Does the legislation specify how 

 7   that million dollars is made up for whatever 

 8   other entities are to receive funding under the 

 9   present VLT formulas of compensation?  

10                SENATOR YOUNG:   The funds would 

11   come from the betting pool.

12                SENATOR LATIMER:   Senator, 

13   Mr. President, thank you very much for your time.

14                SENATOR YOUNG:   Thank you, Senator.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Latimer.  Thank you, Senator Young.  

17                Senator Krueger, we'll return to you 

18   now.  I know you were waiting for the 

19   distribution of papers throughout the chamber.

20                SENATOR KRUEGER:   Well, I was.  And 

21   I guess I still am.  Am I still waiting for the 

22   distribution of papers?  They're coming?  

23                Because I have another line of 

24   questioning I could continue with pending that.  

25   How do you want to do this?


                                                               1690

 1                (Discussion off the record.)

 2                SENATOR KRUEGER:   Through you, 

 3   Mr. President, in discussion with the chair, we 

 4   are still waiting for the 63 copies of said 

 5   required report to be made and delivered to each 

 6   Senator.  

 7                But I do have another line of 

 8   questioning.  So through you, Mr. President, if 

 9   the sponsor will yield.

10                SENATOR YOUNG:   Of course.

11                ACTING PRESIDENT GRIFFO:   The 

12   sponsor yields.

13                SENATOR KRUEGER:   Thank you.  And 

14   this line of questioning all relates to the 

15   gambling sections of the revenue bill.  So I 

16   don't know whether Senator Young wants to be the 

17   answerer of the questions or someone else.

18                SENATOR YOUNG:   So if you would 

19   just give us a moment.

20                SENATOR KRUEGER:   Certainly.

21                (Pause.)

22                SENATOR KRUEGER:   Through you, 

23   Mr. President, if the sponsor will yield.

24                SENATOR YOUNG:   Yes.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1691

 1   sponsor yields.

 2                SENATOR KRUEGER:   Thank you.  There 

 3   is a new Part SS in the revenue bill before us 

 4   which relates to Nassau OTB VLT license transfer.  

 5   And as I read the bill -- and it's a fairly 

 6   complicated set of changes -- this would involve 

 7   an arrangement where the County of Nassau and its 

 8   OTB would be transferring their right to have a 

 9   VLT facility to Aqueduct Racetrack and Racino in 

10   Queens; is that correct?

11                SENATOR YOUNG:   Through you, 

12   Mr. President.  Yes.

13                SENATOR KRUEGER:   And through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                SENATOR YOUNG:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR KRUEGER:   Could the sponsor 

20   explain to me the actual financial arrangement 

21   that this would result in -- what is happening, 

22   who is getting what money?

23                SENATOR YOUNG:   Through you, 

24   Mr. President, basically this is per a separate 

25   agreement, approval given by the Gaming 


                                                               1692

 1   Commission.  And as of right now, that agreement 

 2   has not been established.

 3                SENATOR KRUEGER:   So through you, 

 4   Mr. President, if the sponsor could continue to 

 5   yield.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR YOUNG:   Yes.

 9                SENATOR KRUEGER:   So while this is 

10   language in the revenue bill we're being asked to 

11   pass tonight and it transfers machines from 

12   Nassau County OTB which don't yet exist at a 

13   facility that doesn't yet exist to Aqueduct 

14   Racetrack in Queens and a facility run by Genting 

15   that does exist, there's no detail about what the 

16   arrangement is.  

17                There is a news story that there is 

18   some kind of memorandum of understanding.  Can 

19   the sponsor explain what that memorandum of 

20   understanding is or would need to be between 

21   whom?

22                SENATOR YOUNG:   So through you, 

23   Mr. President.  Currently there are no machines 

24   in Nassau County, but there's a statutory 

25   authority to have those machines in Nassau.  And 


                                                               1693

 1   so this gives that authority to transfer the 

 2   machines.

 3                SENATOR KRUEGER:   Through you, 

 4   Mr. President, if the sponsor would continue to 

 5   yield.

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR KRUEGER:   Thank you.  I 

10   agree; that's how I read the bill as well.  But 

11   my question is, what is going to be transferred 

12   under what financial arrangement?  Is there X 

13   amount of money that will be paid to the Nassau 

14   OTB because they will no longer have the right to 

15   create a VLT site, they will have, so to speak, 

16   under this bill sold their statutory rights to 

17   these machines to a company called Genting in 

18   Queens?

19                SENATOR YOUNG:   So through you, 

20   Mr. President, in most cases it's the same 

21   application as if they were posted in Nassau.  So 

22   whatever Nassau would pay to the state, it would 

23   be the same for these machines.

24                SENATOR KRUEGER:   Through you, 

25   Mr. President, if the sponsor would continue to 


                                                               1694

 1   yield.

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR KRUEGER:   Okay, so let's 

 6   hypothetically make me Nassau OTB, let's make 

 7   Senator Young Genting at Aqueduct.  Is that okay?  

 8                SENATOR YOUNG:   Sure.

 9                SENATOR KRUEGER:   Let's make my 

10   counsel the State of New York in this story.  I 

11   am, through this bill, statutorily giving up my 

12   right to have the facility and the machines, and 

13   through this bill Senator Genting has that right 

14   handed to her.  Does this bill actually transfer 

15   the authority in statute from Nassau OTB to 

16   Senator Young?

17                SENATOR YOUNG:   Through you, 

18   Mr. President.  Actually, it transfers to the 

19   authority pursuant to an agreement by the Gaming 

20   Commission, as I previously stated.

21                SENATOR KRUEGER:   Sorry, it 

22   transfers to -- it transfers from OTB Nassau to 

23   whom?  You said "the authority."  What's the 

24   authority?  

25                SENATOR YOUNG:   So through you, 


                                                               1695

 1   Mr. President, what I mean by "authority" is 

 2   whoever is operating the VLT facility at 

 3   Aqueduct.  And again, it's pursuant to an 

 4   agreement through the Gaming Commission.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor would continue to 

 7   yield.

 8                SENATOR YOUNG:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.

11                SENATOR KRUEGER:   Thank you.  

12                Who establishes how much the 

13   facility at Aqueduct has to pay to Nassau OTB, 

14   and under what formula is that?  Is that set in 

15   this bill?

16                SENATOR YOUNG:   So through you, 

17   Mr. President, that's established by the two 

18   parties.

19                SENATOR KRUEGER:   Through you, 

20   Mr. President, if the sponsor will continue to 

21   yield.

22                SENATOR YOUNG:   Yes.

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR KRUEGER:   So in this bill 


                                                               1696

 1   we're saying these two parties can make a deal 

 2   but the deal is not laid out, but it has to be 

 3   approved by the Gaming Commission?  

 4                SENATOR YOUNG:   Correct.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor would continue to 

 7   yield.

 8                SENATOR YOUNG:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.

11                SENATOR KRUEGER:   Thank you.

12                How long must this contract be for, 

13   or what happens at the time that the contract 

14   ends?  Is there no statutory authority for these 

15   machines at all, or does it revert back to Nassau 

16   OTB?  

17                SENATOR YOUNG:   So through you, 

18   Mr. President, there's cases where they could 

19   revert back, but there's no sunset included in 

20   this provision.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, if the sponsor would continue to 

23   yield.

24                SENATOR YOUNG:   Yes.

25                SENATOR KRUEGER:   So this kind of 


                                                               1697

 1   arrangement has happened before, because there 

 2   are cases.  Can you give me the examples of where 

 3   else this happens or has happened?

 4                SENATOR YOUNG:   So through you, 

 5   Mr. President, actually this is like a regular 

 6   contract.  So there could be situations where it 

 7   would be allowed for Nassau to revoke the 

 8   authority.  So, for example, nonpayment of taxes, 

 9   those types of situations, where it actually is a 

10   breach of the contract.

11                SENATOR KRUEGER:   Through you, 

12   Mr. President, if the sponsor will continue to 

13   yield.

14                SENATOR YOUNG:   Yes --

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR YOUNG:   -- through you.  

18   And actually, I guess if you look at the 

19   paragraph, I think that the information is pretty 

20   clear in it.

21                SENATOR KRUEGER:   You're more awake 

22   than I am.  Which paragraph?  

23                SENATOR YOUNG:   Lots of coffee.

24                SENATOR KRUEGER:   Want to reference 

25   the paragraph for me?  


                                                               1698

 1                SENATOR YOUNG:   It's page 78.  If 

 2   you look at -- starting on line 23.  There's 

 3   quite a bit of detail in that provision.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                SENATOR YOUNG:   Yes.

 8                SENATOR KRUEGER:   Thank you.  

 9                So this paragraph does lay out that 

10   Aqueduct Racetrack should be making -- going into 

11   some kind of contractual agreement with Nassau 

12   OTB.  Is it just a private contract between these 

13   two, or is it actually the Gaming Commission who 

14   actually has to sign off on what this contract 

15   says?  

16                SENATOR YOUNG:   Through you, 

17   Mr. President, the language says that they can 

18   enter into an agreement, but they must in order 

19   for the authority to transfer to Aqueduct.

20                SENATOR KRUEGER:   In order for the 

21   authority to transfer to Aqueduct they must -- I 

22   don't think I understood the end of the sentence.

23                SENATOR YOUNG:   Enter into this 

24   agreement.

25                SENATOR KRUEGER:   Does the State 


                                                               1699

 1   Gaming Commission have to approve this contract 

 2   for them to go forward?  

 3                SENATOR YOUNG:   Yes.  As I 

 4   previously stated several times, the Gaming 

 5   Commission would have to approve that.

 6                SENATOR KRUEGER:   Through you, 

 7   Mr. President, if the sponsor would continue to 

 8   yield.

 9                SENATOR YOUNG:   Yes.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.

12                SENATOR KRUEGER:   Even though the 

13   contract does not exist yet and hence has not 

14   been reviewed by the Gaming Commission, is there 

15   an estimated value of the thousand machines going 

16   to Aqueduct and an expectation of some specific 

17   amount of income by Nassau OTB?  

18                SENATOR YOUNG:   So through you, 

19   Mr. President.  Actually, when you talk about 

20   anticipated money, when all of the 1,000 machines 

21   go into effect, it's estimated that it would be 

22   about $25 million going to Nassau County.

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor would continue to 

25   yield.


                                                               1700

 1                SENATOR YOUNG:   Yes.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR YOUNG:   I should actually 

 5   add -- Senator Bonacic, could I borrow that?  I 

 6   want to give you some more clarification.  

 7                So for example, in the first year, 

 8   for 400 machines, it would be $9 million.  And 

 9   then with the 1,000 machines, as I stated, it 

10   would actually eventually go to $25 million.  And 

11   65 percent of the net winnings would go to the 

12   State of New York, by the way.

13                SENATOR KRUEGER:   Through you, 

14   Mr. President, if the sponsor would continue to 

15   yield.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KRUEGER:   Thank you.  

19                So 65 percent goes to New York 

20   State, which then we assume 35 percent remains 

21   with Genting.  Out of which they would pay Nassau 

22   County OTB?

23                SENATOR YOUNG:   You know, Senator, 

24   there's somebody in the house that has a lot more 

25   specific information about this, and I would like 


                                                               1701

 1   to yield to my colleague Senator Martins.

 2                SENATOR KRUEGER:   I'm happy to 

 3   transfer my questions to Senator Jack Martins.

 4                ACTING PRESIDENT GRIFFO:   Without 

 5   objection, the chair will recognize Senator 

 6   Martins.

 7                SENATOR MARTINS:   Thank you, 

 8   Senator.  I'm happy to answer my questions you 

 9   have.

10                SENATOR KRUEGER:   Thank you very 

11   much, Senator.

12                So my last question was 65 percent 

13   of the revenue from these ultimately 

14   1,000 machines is supposed to go to the state, 

15   meaning 35 percent goes to Genting, out of 

16   which -- out of that 35 percent they then pay a 

17   percentage to Nassau County or a set fee to 

18   Nassau OTB?

19                SENATOR MARTINS:   The arrangement 

20   between Nassau OTB and Genting has been 

21   discussed.  Obviously there are terms that they 

22   have agreed to.  They are to memorialize that in 

23   an agreement that has yet to be formed.  But the 

24   particulars are that they will receive $9 million 

25   the first year, $9 million the second year, 


                                                               1702

 1   $25 million the third year, and thereafter 

 2   adjusted for a cost-of-living adjustment.  

 3                The 9 million and 9 million are tied 

 4   to the use of 400 machines.  And when they're 

 5   able to phase in the full use of the 1,000 

 6   machines, it ramps up to $25 million.  

 7                So to answer your question, yes, 

 8   Genting will be paying the 9 million, the 

 9   9 million and the 25 million from what they 

10   expect to be their net proceeds given the figures 

11   that they have calculated as to what their 

12   expectation is for revenue from these machines as 

13   they are capable of doing.  So based on their own 

14   revenue estimates, they have calculated that.  

15   Again, it's an agreement that has yet to be 

16   memorialized and subject to Gaming Commission 

17   approval.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, if the sponsor would continue to 

20   yield.

21                SENATOR MARTINS:   Yes.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR KRUEGER:   Thank you.  I 

25   appreciate the answers.


                                                               1703

 1                Genting currently has 5,545 VLTs at 

 2   Aqueduct.  And we're talking about moving in an 

 3   additional 1,000 through this arrangement.  My 

 4   understanding is, though, that it's different 

 5   kinds of machines.  Can you explain how these 

 6   thousand machines will be different than the 5400 

 7   currently at Aqueduct?  

 8                SENATOR MARTINS:   I understand that 

 9   they have authority to have up to that many 

10   machines.  They actually have less than that.  I 

11   think they actually have 5,000 machines.  And 

12   therefore they have flexibility to be able to 

13   incorporate a number of machines immediately and 

14   then phase in the others over a period of time.  

15                And certainly the machines are 

16   similar, they are in keeping with the machines 

17   that they have there, and obviously -- not to 

18   substitute our understanding of those machines 

19   for those of the parties, either Genting or 

20   Nassau OTB -- suffice it to say that they are of 

21   a type that is easily incorporated into their 

22   business model, and they're willing to accept 

23   them and to enter into this agreement.

24                And frankly, just to clarify, what 

25   we are being asked to approve here today is 


                                                               1704

 1   merely the authority for Nassau County OTB to be 

 2   able to enter into an agreement with Aqueduct for 

 3   this purpose, on terms that they will -- that 

 4   they have negotiated but they will memorialize in 

 5   a further writing, which will again be on the 

 6   terms that I've previously discussed.  

 7                Thank you, Mr. President.

 8                SENATOR KRUEGER:   Through you, 

 9   Mr. President, if the sponsor would continue to 

10   yield.

11                SENATOR MARTINS:   Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senator yields.

14                SENATOR KRUEGER:   Thank you.  

15                So to be a little more technical 

16   about the question I just asked, so it's 5,000 

17   now but they have the right to add another 545 

18   regardless of the Nassau deal.  

19                But the 1,000 that they would be 

20   allowed to add through this specific contract 

21   would be allowed to be a different kind of 

22   machine with different kinds of gaming and, I've 

23   been led to believe, a higher revenue projection 

24   than the kinds of machines that currently are 

25   approved through statute at every other site in 


                                                               1705

 1   New York State.  Is that correct?  

 2                SENATOR MARTINS:   Mr. President, 

 3   through you.  Frankly, I think the machines may 

 4   actually be very similar to the machines that 

 5   they have there.  

 6                But your point, Senator, is 

 7   well-made.  The revenue and the taxes that will 

 8   be paid on these machines will be different.  

 9   They will be consistent with the taxes that would 

10   be expected to be paid through a facility should 

11   Nassau OTB have opened a facility within 

12   Nassau County.  Genting will be responsible for 

13   paying pursuant to that same tax structure for 

14   the purposes of those machines once they are 

15   incorporated into their facility at Aqueduct.

16                SENATOR KRUEGER:   Through you, 

17   Mr. President, if the sponsor will continue to 

18   yield.

19                SENATOR MARTINS:   Yes.

20                ACTING PRESIDENT GRIFFO:   The 

21   Senator yields.

22                SENATOR KRUEGER:   Just to clarify, 

23   if Nassau OTB had kept their statutory right to 

24   open a facility in Nassau County -- and they're 

25   not, and I don't have actually have a problem 


                                                               1706

 1   with that -- would they have been able to use the 

 2   newer, slicker, fancier machines?  Or would they 

 3   have been required, under the existing statute, 

 4   to use the same kinds of machines that all the 

 5   other racinos in New York State have?

 6                SENATOR MARTINS:   Mr. President, 

 7   through you.  I don't know about any newer, 

 8   slicker, shinier type of machines.  But, Senator, 

 9   they would use whatever machines are authorized 

10   pursuant to the enabling statute that we passed a 

11   few years ago.  And those same machines and 

12   whatever qualifications there are for those 

13   newer, sleeker machines would equally apply to 

14   Aqueduct.

15                SENATOR KRUEGER:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                SENATOR MARTINS:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   Senator yields.

21                SENATOR KRUEGER:   I do have 

22   multiple reasons for being curious about newer 

23   kinds of machines.  And if I had the right 

24   terminology of how the newer machines were 

25   different from the older machines, I would use 


                                                               1707

 1   it.  But alas, I am actually not a gambler.  

 2                My concerns are on two levels here.  

 3   One, this state has gone through a series of 

 4   different timelines and constitutional amendments 

 5   to allow or not allow certain kinds of gambling.  

 6   So I am curious whether these new machines 

 7   constitute actually a new type of gambling 

 8   activity.  

 9                And, one, is there any reason for us 

10   to be concerned about it being more gambling 

11   addictive?  And, two, is there a reason for us to 

12   believe that it will dramatically increase the 

13   revenue generated by those 1,000 machines for 

14   Genting, and should that be factored in in any 

15   way to the decisions we make about our other 

16   racinos in New York State?  

17                Are we somehow giving them a 

18   business advantage within this contract deal 

19   where they can not only get the Nassau County 

20   machines moved to their site, but they can get 

21   the bigger, better, make-more-money, perhaps- 

22   make-you-more-addicted-type machines?

23                SENATOR MARTINS:   Mr. President, 

24   through you.  And to my colleague, my apologies.  

25   I didn't mean to infer that there was any 


                                                               1708

 1   difference.  I also do not -- am not familiar 

 2   with the terminology.  

 3                And so let me just say that my 

 4   understanding is that these machines are of the 

 5   same type of machines that are currently at 

 6   Aqueduct.  Although they may be a newer version 

 7   of that machine, they do not change 

 8   significantly, certainly, the types of machines 

 9   that are there.  They're not an evolution in the 

10   direction that I think you're inferring to a 

11   different type of gaming that we have not 

12   authorized here in the Legislature.  

13                So if Nassau OTB was permitted, 

14   which they were -- if they had chosen to open a 

15   facility in Nassau County, they would be using 

16   these very same machines.  And what this would do 

17   is allow Nassau OTB to, instead of opening that 

18   facility in Nassau County, in essence take those 

19   very same machines that they otherwise would, 

20   using the very same tax structure that they would 

21   have in Nassau County, and to do so by proxy in 

22   Aqueduct, and as a result negotiate a return that 

23   would compensate the county for this asset that 

24   this Legislature authorized them to have just a 

25   few years ago.


                                                               1709

 1                So it is merely a shifting of that 

 2   same facility, those same machines on those same 

 3   conditions that would have been in Nassau County, 

 4   frankly a few miles to the west, where they be 

 5   located at Aqueduct.  There would be no change in 

 6   revenue or expectations of revenue to the state, 

 7   because it would have the same revenue structure 

 8   and tax structure, and it would be limited to the 

 9   same number of machines except -- for the ease of 

10   both Nassau County OTB and Aqueduct -- they would 

11   have the ability to essentially partner, in a 

12   loose term, with Aqueduct, whereby they get to 

13   use those similar type of machines and Nassau OTB 

14   receives the benefit.  

15                And since Nassau OTB is a public 

16   benefit corporation, I will remind everyone that 

17   that benefit inures to the benefit of Nassau 

18   County and its taxpayers.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Through 

21   you, Mr. President, if the sponsor would continue 

22   to yield.

23                SENATOR MARTINS:   Yes.

24                ACTING PRESIDENT GRIFFO:   The 

25   Senator yields.


                                                               1710

 1                SENATOR KRUEGER:   Thank you.

 2                Another section of this bill, and I 

 3   guess -- I don't think it's part of the contract 

 4   arrangement, it just establishes in statute that 

 5   while the current capital award program is a 

 6   certain formula for all of the racinos in 

 7   New York State, this bill language would allow to 

 8   be extended to Aqueduct a total of -- excuse 

 9   me -- 1 percent of the total revenue after payout 

10   of prizes, with an increase of up to 4 percent.  

11                So it allows them to take a greater 

12   share of the revenue and apply it to capital 

13   construction for themselves, which I think then 

14   would decrease payment to the state, because 

15   they're using it for their own capital purposes.  

16   And it's a different formula and deal than we 

17   have at the other racino racetracks in New York.  

18                Could you clarify that situation for 

19   me?

20                SENATOR MARTINS:   Yes.  

21   Mr. President, through you, I am not familiar 

22   with what the arrangements are for these other 

23   racinos in New York State.  But that is true, 

24   there is a provision in here that would change 

25   and allow for a percentage for Genting to use for 


                                                               1711

 1   capital improvements -- at their discretion, 

 2   obviously, and under the direction of the 

 3   state -- for capital improvements at Aqueduct, 

 4   yes.

 5                SENATOR KRUEGER:   Through you, 

 6   Mr. President, if the sponsor would continue to 

 7   yield.

 8                SENATOR MARTINS:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senator yields.

11                SENATOR KRUEGER:   Thank you.  

12                So he is confirming that yes, this 

13   is a deal that does allow them a greater amount 

14   of their winnings to go towards investment in 

15   their own business.  Which, by the way, means 

16   less money for education, because they're not 

17   sending as much money to the state, they're using 

18   it for their capital infrastructure.

19                This also, as I read the bill, would 

20   allow an exemption from the current law that when 

21   other casino racinos -- I'm always confused 

22   because I thought we called them racinos, but 

23   then I see the signs and they say "Casino."  So I 

24   don't know legally what the difference is right 

25   now.


                                                               1712

 1                But under our current law, if a 

 2   facility is going to use a share of their 

 3   winnings for their own capital purposes instead 

 4   of sending it to us for education, they have to 

 5   match one-to-one.  They have to put in a dollar 

 6   to take a dollar from what otherwise would be tax 

 7   revenue to the state.

 8                Under this deal, my understanding is 

 9   they don't have to match it; is that correct?  

10   There doesn't have to be a one-to-one match, they 

11   get to take a significantly higher percentage of 

12   the purse for capital construction for 

13   themselves, and they do not have to do a match 

14   for that money.  

15                Am I reading the bill correctly?

16                SENATOR MARTINS:   Mr. President, 

17   through you, that is what the bill says.  

18                And to clarify for my colleague, I 

19   think racino is what we call them and casinos is 

20   what others may call them.

21                SENATOR KRUEGER:   So, 

22   Mr. President, if the sponsor will yield.

23                SENATOR MARTINS:   Yes, of course.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields.


                                                               1713

 1                SENATOR KRUEGER:   So he agrees 

 2   that's what the bill says.  Why would we give 

 3   this facility a better financial deal for their 

 4   own profit margins than we give all the other 

 5   facilities under statute and in existence in the 

 6   state, whether we call them casinos or racinos?

 7                SENATOR MARTINS:   Mr. President, I 

 8   apologize.  I was distracted, so I didn't hear 

 9   your question.  If you would kindly repeat it, I 

10   would be happy to answer, thank you.  

11                ACTING PRESIDENT GRIFFO:   Can you 

12   repeat it, Senator Krueger?  

13                SENATOR KRUEGER:   Certainly.  

14                So the sponsor in his last answer 

15   agreed that my analysis was right, that's what 

16   the bill says.  The question is, why would we 

17   give this facility a better deal than all the 

18   other facilities in New York State, because they 

19   could take a significantly larger percentage of 

20   the profits, not send them to us for education, 

21   reinvest them in their own facility and not have 

22   to provide the one-to-one match?  Why are we 

23   letting them have this deal?

24                SENATOR MARTINS:   Mr. President, 

25   through you.  Well, if you're asking me how I'm 


                                                               1714

 1   going to vote, Senator, I will be supporting this 

 2   bill.  Each one of us will have to make that 

 3   decision for themselves.  

 4                For me, the idea that Aqueduct will 

 5   be investing in capital there and potentially 

 6   creating jobs and expanding their operation is 

 7   something that I'm willing to support.  But 

 8   certainly the "why" is frankly the reason that we 

 9   actually end up voting on these bills, you know, 

10   throughout the year.  And I will leave it to the 

11   discretion of each and every one of my colleagues 

12   to determine that "why" for themselves.  I'm 

13   pretty clear on why I think it's a good idea.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the sponsor would continue to 

16   yield.

17                SENATOR MARTINS:   Of course.

18                SENATOR KRUEGER:   Thank you.

19                I guess an editorial comment, and 

20   then I'll ask my next question.  I suppose the 

21   "why" might be because maybe the Liz Krueger 

22   Casino/Racino thinks she ought to get the same 

23   deal as the Aqueduct Genting Casino/Racino and is 

24   sitting out there wondering how come they're 

25   getting a better deal than I got?  That might be 


                                                               1715

 1   one of the whys.

 2                But because Genting will, we assume, 

 3   be trying to build an additional 1,000 

 4   machines -- I guess they don't build them, they 

 5   truck them in.  They may need to expand their 

 6   facilities to fit them; I'm not sure how crowded 

 7   it is now, haven't been there.  But there are 

 8   concerns about whether or not they can do this 

 9   until a new environmental review or a SEQRA 

10   review takes place.  

11                Can the sponsor confirm for me that 

12   this proposal is subject to SEQRA prior to there 

13   being any kind of contract that can be approved 

14   by the Gaming Commission?  

15                SENATOR MARTINS:   Mr. President, 

16   through you, there is an agreement -- again, that 

17   has yet to be memorialized between Nassau OTB and 

18   Genting, operating Resorts World Casino at 

19   Aqueduct -- or Racino, excuse me, since it is at 

20   a racing facility.

21                The terms of that, as was discussed 

22   earlier, has these numbers being phased in over a 

23   number of years.  That limitation has to do with 

24   a limitation on the number of machines that were 

25   imposed as a result of what I understand to be 


                                                               1716

 1   limitations tied to a traffic study.  

 2                And so it will be Genting who will 

 3   be pursuing that review, and that expanded review 

 4   will allow them to use the balance of those 

 5   machines that we had discussed earlier, but their 

 6   commitment, pursuant to the agreement, is fixed.  

 7   And so it's not subject to the SEQRA review, it 

 8   is frankly up to Genting, pursuant to the 

 9   agreement that has yet to be memorialized, to 

10   make application and to seek the expansion.  But 

11   it is not subject to a SEQRA review.  So it is a 

12   condition obviously on that end, but not subject 

13   to this agreement.

14                SENATOR KRUEGER:   Through you, 

15   Mr. President, if the --

16                SENATOR MARTINS:   As I understand 

17   it.

18                SENATOR KRUEGER:   Thank you.  

19   Through you, Mr. President, if the sponsor would 

20   continue to yield.

21                SENATOR MARTINS:   Yes.

22                ACTING PRESIDENT GRIFFO:   The 

23   Senator yields.

24                SENATOR KRUEGER:   So just jumping 

25   back, there's this deal that allows them to keep 


                                                               1717

 1   more of the winnings for capital construction, 

 2   and then there's also a section that has a 

 3   minimum capital investment of $300 million to 

 4   trigger the higher capital investment award.  So 

 5   I have to assume, since they've been thinking 

 6   about this so much, that spending $300 million or 

 7   more, they plan on building something else.  At 

 8   least one of the newspaper articles I read 

 9   referenced the possibility of a hotel.

10                Is it your understanding that, 

11   moving forward, this would all require Genting 

12   and Aqueduct to follow New York City zoning 

13   regulations?

14                SENATOR MARTINS:   Mr. President, 

15   through you.  Senator, I am loath to give you an 

16   opinion on something that frankly has very little 

17   to do with what is before this house right now.  

18   Certainly I would suggest that if there's any 

19   clarity needed, you may want to reach out to 

20   Genting and their representatives and ask them 

21   for that kind of clarity.  

22                I would just remind my colleague and 

23   the rest of the house that all this bill does is 

24   authorize Nassau OTB to take a resource that they 

25   currently have in statute and allow them to enter 


                                                               1718

 1   into an agreement with Genting for use at 

 2   Aqueduct -- same machines, same tax structure, 

 3   merely a half dozen miles to the west -- and in 

 4   doing so, be able to recoup revenue to the 

 5   benefit of Nassau OTB and ultimately to the 

 6   benefit of Nassau County and its taxpayers.  

 7                So again, we can sit here, 

 8   Mr. President, and we can discuss possible 

 9   scenarios as to how Genting will be using its 

10   capital, we can sit here and discuss possible 

11   scenarios on what their business plan is.  But I 

12   would ask that, you know, we not go down that 

13   road because, simply, I don't have the facts to 

14   be able to answer my colleague's questions on 

15   hypotheticals when this bill doesn't entertain 

16   any of those details.

17                SENATOR KRUEGER:   Through you, 

18   Mr. President, on the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger on the bill.

21                SENATOR KRUEGER:   Oh.  But before I 

22   do that, I just want to double-check, because we 

23   still have the open question of the reports being 

24   made available.

25                ACTING PRESIDENT GRIFFO:   They're 


                                                               1719

 1   on the desks.

 2                SENATOR KRUEGER:   Oh, as I've been 

 3   talking, they've been distributed.  Thank you.  

 4                So I -- one, I will be on the bill.  

 5   Thank you, Mr. President.  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Krueger on the bill.

 8                SENATOR KRUEGER:   I want to bring 

 9   to my colleagues' attention that now you have 

10   received the report on the amended Executive 

11   Budget laying out -- with less detail than in 

12   perspective years, but we took a look and we 

13   think it does meet the requirements, thank you 

14   very much -- the changes from the original 

15   Executive Budget to --

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Díaz, why do you rise?

18                SENATOR DIAZ:   Just to announce 

19   that the budget is late.  

20                (Laughter.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger, you may continue.

23                SENATOR KRUEGER:   I've been very 

24   busy chatting on the floor.  Did we miss all the 

25   other bills that are available to be voted on?  I 


                                                               1720

 1   think not, Senator Díaz.  

 2                But on this bill, this report is on 

 3   everyone's desks.  I am assuming we will receive 

 4   on every other bill coming forward to us till 

 5   whenever we finish the budget -- clearly, after 

 6   midnight of Thursday.  

 7                Going back to the actual revenue 

 8   bill, I have to say -- and I often have voted no 

 9   on revenue bills on the floor of this house 

10   because of things that I liked and disliked in 

11   the bills and what was there and what wasn't 

12   there.  

13                There are things I wish were in 

14   here, there are things I'm delighted with that 

15   aren't here this year.  I'm concerned that we 

16   didn't address how we're going to meet our 

17   outyear revenue gaps from passing a middle-income 

18   tax cut -- which I do not object to at all, I 

19   want to make clear, but in the past we have tied 

20   that to revenue enhancements through high-end tax 

21   supplements.  We have a high-end tax supplement 

22   that sunsets next year; I very much wish we were 

23   doing these two together, both a continuation or 

24   even further progressivity in our overall income 

25   tax package, at the time we were establishing a 


                                                               1721

 1   lowering of taxes for middle-income New Yorkers.  

 2   I think it's a mistake that we're not doing that.  

 3   But that is not a reason for me to vote against 

 4   this bill.

 5                I am concerned about the gambling 

 6   sections.  I appreciate very much both sponsors' 

 7   attempts to answer the questions.  And I keep 

 8   trying to say to myself, I'm really not 

 9   anti-gambling, I just don't ever seem to like any 

10   of the gambling bills that come before me in the 

11   New York State Senate.  And I have to say I have 

12   the same reaction tonight.  I know that the horse 

13   is out of the barn on gambling in New York State, 

14   everywhere in every possible way.  

15                I also know that when I read about 

16   what happens in states when they become more and 

17   more dependent on gambling, as we are, you 

18   immediately see entities coming to Albany or 

19   whatever state capital to try to get better deals 

20   for themselves, to increase their profit margins, 

21   allow them to get bigger and stronger, and 

22   decrease the amount of revenue that actually 

23   comes back to the state for education or other 

24   purposes.  

25                I thought that would be what 


                                                               1722

 1   happened when we passed the casino referendum.  

 2   The casinos aren't open yet, but I'm right, it's 

 3   already happening, it's already changing.

 4                So assuming that this becomes law -- 

 5   and I understand why Nassau wants this deal.  If 

 6   I was Nassau County, I would want this deal.  You 

 7   get the revenue but you don't have to have any of 

 8   the negatives that come from having a large 

 9   gambling facility.  If I lived in Queens, I might 

10   have to ask the question:  How has this gambling 

11   facility already affected me, and what will be 

12   the impact on my communities if it's even bigger, 

13   with more people gambling, and it has a hotel and 

14   who knows what else?  Because now they can 

15   continue to build, build, build and simply let 

16   the state pay for it through lower revenues 

17   handed over to the state.

18                So I worry about that.  I also, 

19   while I'm not likely to open the Liz Krueger 

20   Casino, I take a look and I say, I don't know why 

21   somebody else gets a better deal than other 

22   casinos or racinos in the rest of the state.  And 

23   I assume they'll come to Albany and want the same 

24   deal, and we may give them the deal, because 

25   we'll say, Well, we're not sure why we gave this 


                                                               1723

 1   group the deal, but we should certainly keep it 

 2   even and change it for you, which will lower our 

 3   revenue even further in future years and, perhaps 

 4   yet again, take us down a further road of not 

 5   really being able to explain why we've made all 

 6   these changes in our gambling law but realizing 

 7   we did.  

 8                So for the record, at 12:15 tonight, 

 9   I will vote yes on this bill, wanting to go on 

10   record that if I could have voted no on the 

11   gambling sections, I would have voted no on the 

12   gambling sections.  I have great concern about 

13   the pattern and path our state is taking.  But 

14   overall, I cannot justify a no vote for myself on 

15   the revenue bill tonight, Mr. President.  

16                I vote yes.  Thank you very much.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator Krueger.

19                Perhaps at the Krueger Casino we'd 

20   be able to host an MMA event.  

21                (Laughter.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Squadron.

24                SENATOR SQUADRON:   Thank you, 

25   Mr. President.  If the sponsor would yield for 


                                                               1724

 1   just a moment, briefly.

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR SQUADRON:   Just sort of a 

 6   check-in on where we are in the budget process 

 7   here, I believe -- through you, Mr. President -- 

 8   that this is the fourth Article VII bill of the 

 9   evening of the budget.  Is that correct?  

10                SENATOR YOUNG:   Through you, 

11   Mr. President, this is the revenue bill.

12                SENATOR SQUADRON:   If the sponsor 

13   would continue to yield.

14                SENATOR YOUNG:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR SQUADRON:   And I believe, 

18   as the revenue bill, it is the fourth Article VII 

19   bill that the house has considered and that there 

20   is one more Article VII bill that I've heard is 

21   moving forward, the so-called ELFA bill; is that 

22   correct?  

23                SENATOR YOUNG:   Yes.  Through you, 

24   Mr. President.  And for those watching, the ELFA 

25   bill is Education, Labor and Family Assistance.


                                                               1725

 1                SENATOR SQUADRON:   Thank you.  I'm 

 2   sure many folks are watching without an arcane 

 3   knowledge of the Senate at this point in the 

 4   morning.  

 5                If the sponsor would continue to 

 6   yield.

 7                SENATOR YOUNG:   Yes.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR SQUADRON:   Thank you.  

11                I know the Governor introduced two 

12   other Article VIIs as part of the budget.  Should 

13   we expect those as well?  

14                SENATOR YOUNG:   So through you, 

15   Mr. President, I'm not sure which Article VIIs 

16   you're referring to.  Maybe you could tell me.

17                SENATOR SQUADRON:   Oh, I will.  The 

18   ethics reform bill and the pension reform 

19   concurrent resolution.

20                SENATOR YOUNG:   So through you, 

21   Mr. President, we have one more Article VII to 

22   handle, and that's the ELFA bill.

23                SENATOR SQUADRON:   Thank you.  

24                On the bill, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1726

 1   Squadron on the bill.

 2                SENATOR SQUADRON:   I know from 

 3   prior conversation tonight that I'll have no luck 

 4   speaking about the critical ethics reform needed 

 5   in this state and discussing it in a bill that it 

 6   does not appear in.  And I know now definitively 

 7   that it will not be appearing over the course of 

 8   this budget.  

 9                I do want to point out again, as I 

10   said earlier this evening, these are outstanding 

11   issues, critical issues, issues that should by 

12   all rights be related to our passage of the 

13   budget.  There's very positive policy that I hope 

14   we will move forward shortly, some concerns, some 

15   new information, some stuff that wasn't even in 

16   any of the one-houses.  

17                But one thing does not exist in this 

18   budget and is not being introduced in this house 

19   or allowed a vote, and that is ethics reform, a 

20   way to increase New Yorkers' faith in this 

21   government.  That's an enormous mistake.  This is 

22   the fourth of five Article VIIs.  I can only hope 

23   that that ELFA bill, in addition to Education, 

24   Labor and Family Assistance, has something for 

25   public integrity, has something to give the 


                                                               1727

 1   public confidence in what's happening here in 

 2   Albany.  Because as the sponsor points out, we 

 3   have not seen it yet, and there does not seem to 

 4   be any interest in introducing the Governor's 

 5   reform Article VII bill.  

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Squadron.

 9                Seeing and hearing no other Senator 

10   that wishes to be heard, debate is closed and the 

11   Secretary will ring the bell.

12                I'm going to request that members 

13   remain in their seats for procedural purposes 

14   following the vote.  

15                The Secretary will read the last 

16   section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Boyle to explain his vote.

24                SENATOR BOYLE:   To explain my vote.  

25                I just want to commend the sponsor 


                                                               1728

 1   for this legislation and point out a provision 

 2   I'm particularly proud of.  A few years ago 

 3   former State Senator Greg Ball and I on worked on 

 4   legislation pertaining to wholesale fuel, and the 

 5   provision in here now requires wholesalers of 

 6   motor fuel to register with the Department of 

 7   Taxation.  They're going to have to report every 

 8   gallon they sell in certain areas of the state.  

 9                It is literally going to save the 

10   state tens of millions of dollars during its 

11   implementation, $9.5 million per year in state 

12   revenues which was being evaded criminally 

13   throughout downstate New York.  It's a great 

14   provision that's going to allow us to use needed 

15   tax revenue for other important purposes.

16                I vote aye.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Boyle to be recorded in the affirmative.

19                Senator Latimer to explain his vote.

20                SENATOR LATIMER:   Thank you, 

21   Mr. President.  

22                I'm pleased to pleased to support 

23   this bill.  There are a number of things in here 

24   that are very good.  I particularly want to 

25   compliment whoever wants to claim credit for 


                                                               1729

 1   being the sponsor of the middle-class tax cut 

 2   that reduces taxes over a period of time for 

 3   those who need that tax benefit.  

 4                But I do want to highlight I do not 

 5   support -- although it's all part of a package -- 

 6   the changes that are being made to the STAR 

 7   program.  The Senate's one-house and the 

 8   Assembly's one-house both rejected Executive 

 9   language that would create this STAR program.  I 

10   gather in the negotiations it was insisted that 

11   it be back in.  But this changes the program.  I 

12   believe it creates a cash-flow problem.  I do not 

13   see a differentiation for those who are on 

14   Enhanced STAR that are people of need.  And I 

15   could see a senior family that might downsize 

16   their home and then all of a sudden find that 

17   they're no longer under the old program but under 

18   the new program.  

19                So I would hope that the Senate and 

20   the Assembly would monitor how this program is 

21   going to be administered and that we would make a 

22   strong effort to make sure that the rules and 

23   regs that come out of Taxation & Finance are 

24   sensitive to the needs of the people whom this 

25   program benefits.  


                                                               1730

 1                Absent that objection, I vote in the 

 2   affirmative.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Latimer to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                Senator DeFrancisco, that completes 

10   the vote.  And I will entertain a motion in 

11   coordination with Rule 6-2.

12                SENATOR DeFRANCISCO:   I would like 

13   to move, pursuant to that rule, that we go on to 

14   the next day's business.

15                ACTING PRESIDENT GRIFFO:   On 

16   motion, in accordance with Rule 6, Section 2, the 

17   question before the house on hours of session, 

18   all in favor of continuing signify by saying aye.  

19                (Response of "Aye.")

20                ACTING PRESIDENT GRIFFO:   Opposed?  

21                (Response of "Nay.")

22                (Laughter.)

23                ACTING PRESIDENT GRIFFO:   We will 

24   continue.

25                Senator DeFrancisco.


                                                               1731

 1                SENATOR DeFRANCISCO:   Would you 

 2   call on Senator Serrano.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Serrano.

 5                SENATOR SERRANO:   Thank you, 

 6   Mr. President.  There will be an immediate 

 7   meeting of the Senate Democratic Conference in 

 8   Room 315.

 9                ACTING PRESIDENT GRIFFO:   There 

10   will be an immediate meeting of the Senate 

11   Democrat Conference in Room 315.

12                SENATOR DeFRANCISCO:   And the 

13   Senate will stand at ease.

14                ACTING PRESIDENT GRIFFO:   The 

15   Senate will stand at ease.

16                (Whereupon, the Senate stood at ease 

17   at 12:28 a.m.)

18                ACTING PRESIDENT BOYLE:  Mr. Floor 

19   Leader.   

20                SENATOR DeFRANCISCO:    

21   Mr. President, there will be an immediate meeting 

22   of the Finance Committee in Room 322 -- 332.  I 

23   forgot the room.

24                ACTING PRESIDENT BOYLE:   There will 

25   be an immediate meeting of the Finance Committee 


                                                               1732

 1   in Room 332.

 2                SENATOR DeFRANCISCO:   I can't 

 3   understand why I forgot it.

 4                ACTING PRESIDENT BOYLE:   You've 

 5   only been there a couple of times.  

 6                (Whereupon, the Senate continued to 

 7   stand at ease and reconvened at 2:01 a.m.)

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Senate will come to order.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Yes, I 

12   understand there's a report of the Finance 

13   Committee at the desk.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a report of the Finance Committee, and the 

16   Secretary will read.

17                THE SECRETARY:   Senator Young, from 

18   the Committee on Finance, reports the following 

19   bills:  

20                Senate Print 6404D, Senate Budget 

21   Bill, an act making appropriations for the 

22   support of government:  CAPITAL PROJECTS BUDGET; 

23                Senate 6400D, Senate Budget Bill, an 

24   act making appropriations for the support of 

25   government:  STATE OPERATIONS BUDGET.


                                                               1733

 1                Both bills reported direct to third 

 2   reading.

 3                SENATOR DeFRANCISCO:   Move to 

 4   accept the report of the Finance Committee.

 5                ACTING PRESIDENT GRIFFO:   On 

 6   motion, all in favor of accepting the Committee 

 7   on Finance report signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT GRIFFO:   Opposed?  

10                (No response.)

11                ACTING PRESIDENT GRIFFO:   The 

12   Committee on Finance report is accepted and 

13   before the house.

14                SENATOR DeFRANCISCO:   Could you now 

15   do the noncontroversial reading of Calendar 

16   Number 29C.

17                ACTING PRESIDENT GRIFFO:   There is 

18   a message of necessity before the desk, Senator 

19   DeFrancisco.  Let him read first, and then we'll 

20   accept the message.  

21                Go ahead, Secretary.

22                THE SECRETARY:   Calendar Number 

23   518, Senate Budget Bill, Senate Print 6404D, an 

24   act making appropriations for the support of 

25   government:  CAPITAL PROJECTS BUDGET.


                                                               1734

 1                SENATOR DeFRANCISCO:   Is there a 

 2   message of necessity on Calendar 518 at the desk?  

 3                ACTING PRESIDENT GRIFFO:   That 

 4   message does exist at the desk.

 5                SENATOR DeFRANCISCO:   Move to 

 6   accept that existing message.  

 7                ACTING PRESIDENT GRIFFO:   All in 

 8   favor of accepting the Governor's message of 

 9   necessity signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   message of necessity is accepted, and the bill is 

15   before the house.

16                SENATOR GIANARIS:   Lay it aside.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is laid aside.

19                THE SECRETARY:   Calendar Number 

20   519, Senate Budget Bill, Senate 6400D, an act 

21   making appropriations for the support of 

22   government:  STATE OPERATIONS BUDGET.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   has been laid aside.

25                The Secretary will ring the bell.  


                                                               1735

 1                The Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   518, Senate Budget Bill, Senate Print 6404D, an 

 4   act making appropriations for the support of 

 5   government:  CAPITAL PROJECTS BUDGET.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Stavisky.

 8                SENATOR STAVISKY:   Thank you.  May 

 9   I ask the sponsor to answer just a couple of 

10   questions?  

11                SENATOR YOUNG:   Of course.

12                ACTING PRESIDENT GRIFFO:   The 

13   sponsor yields.

14                SENATOR STAVISKY:   Is there any 

15   capital money in here for either the State 

16   University of New York or the City University of 

17   New York?  

18                SENATOR YOUNG:   Yes.

19                I'm sorry, I misspoke, it's not in 

20   the capital bill but it's going to be pursuant to 

21   a chapter amendment later on.

22                ACTING PRESIDENT GRIFFO:   Excuse 

23   me, Senator Young.  Can we have some order in the 

24   house, please.  I know that Senator Stavisky is 

25   having a little difficulty hearing you.


                                                               1736

 1                SENATOR STAVISKY:   No, I'm not.

 2                (Laughter.)

 3                SENATOR YOUNG:   Everybody is a 

 4   little tired, right?  

 5                ACTING PRESIDENT GRIFFO:   I saw you 

 6   lean over.

 7                SENATOR STAVISKY:   No, 

 8   Mr. President, I was looking for the capital 

 9   money in this budget, because I couldn't find it.

10                SENATOR YOUNG:   Well, the reason 

11   why is that there isn't any, but it will be in a 

12   chapter amendment later on.

13                SENATOR STAVISKY:   Will the sponsor 

14   continue to yield?  

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR STAVISKY:   What will be in 

19   the chapter amendment?  Can you give us a 

20   timetable and describe the amounts that are going 

21   to be there and a description of both SUNY and 

22   CUNY capital money?

23                SENATOR YOUNG:   So to clarify, 

24   Senator -- through you, Mr. President -- it will 

25   be tonight, but it will be in the Aid to 


                                                               1737

 1   Localities portion of the budget.

 2                SENATOR STAVISKY:   Thank you.  Will 

 3   the sponsor yield for another question?  

 4                SENATOR YOUNG:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR STAVISKY:   Would that 

 8   include critical maintenance funding, or is that 

 9   a separate issue?  

10                SENATOR YOUNG:   Yes, critical 

11   maintenance funding would be part of that.

12                SENATOR STAVISKY:   Thank you, 

13   Mr. President.

14                SENATOR YOUNG:   Thank you.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Senator Stavisky.

17                Senator Hamilton.

18                SENATOR HAMILTON:   Yes, 

19   Mr. President, I'd like to ask the sponsor of the 

20   bill a question, please.

21                ACTING PRESIDENT GRIFFO:   Will the 

22   sponsor yield?  

23                SENATOR YOUNG:   Yes.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor yields, Senator Hamilton.


                                                               1738

 1                SENATOR HAMILTON:   Yes.  As you 

 2   know, Senator, Kings County is the largest county 

 3   in New York State, consisting of 2.5 million 

 4   people.  And we have many fruit and vegetable 

 5   deserts in our great County of Kings.  I just 

 6   want to know how much money is being allocated -- 

 7   I know there's $5 million going for the State 

 8   Fair.  And how much money is going to be 

 9   allocated to help -- additional funding to bring 

10   fruits and vegetables into Kings County, 

11   Brooklyn?  

12                SENATOR YOUNG:   Senator, do you 

13   mean a capital allocation or on the capital 

14   portion of the budget?  

15                SENATOR HAMILTON:   Both.  Both.  

16                SENATOR YOUNG:   Through you, 

17   Mr. President --

18                ACTING PRESIDENT GRIFFO:   Can I 

19   have some order in the house, please.

20                SENATOR YOUNG:   This is actually 

21   statewide, it's not just specifically for Kings 

22   County.  But there is a $500,000 line item and 

23   it's a carve-out, it's a appropriation for 

24   initiatives to allow grocery stores to provide 

25   healthy foods and revitalize downtowns.  And it's 


                                                               1739

 1   a two-for-one match.

 2                SENATOR HAMILTON:   Through you, 

 3   Mr. President, may the sponsor yield to another 

 4   question, please?  

 5                SENATOR YOUNG:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR HAMILTON:   Yes, Senator.  

 9   As I mentioned before, Kings County is the 

10   largest county in New York State, 2.5 million 

11   people.  I notice here for Mental Hygiene and 

12   Mental Health there's been an allocation of 

13   money, $200 million.  How much of that is being 

14   allocated towards the largest county in New York 

15   State, Kings County?  

16                SENATOR YOUNG:   Senator, it's a 

17   little noisy in here.  Could you please repeat 

18   the question?  

19                SENATOR HAMILTON:   Can we get a 

20   little order in here, please, Mr. President?  

21                ACTING PRESIDENT GRIFFO:   

22   (Gaveling.)  Senator Hamilton, please repeat the 

23   question for Senator Young.  

24                SENATOR HAMILTON:   Yes.  Senator 

25   Young, it mentions here that there's an increase 


                                                               1740

 1   in spending for mental health in the budget.  As 

 2   I mentioned before, Kings County is the largest  

 3   county in New York State, 2.5 million people.  

 4   How much of that budget is being allocated to the 

 5   County of Kings?

 6                SENATOR YOUNG:   So through you, 

 7   Mr. President, that's a decision that the Office 

 8   of Mental Health will make based on need, going 

 9   forward.

10                SENATOR HAMILTON:   I'm sorry, 

11   Senator?  

12                ACTING PRESIDENT GRIFFO:   Can you 

13   repeat that, Senator Young?  

14                SENATOR YOUNG:   Yes.  Do you want 

15   me to repeat the answer?  

16                SENATOR HAMILTON:   Yes, please, I 

17   was --

18                SENATOR YOUNG:   Yes, I'm sorry.

19                SENATOR HAMILTON:   I'm sorry.

20                SENATOR YOUNG:   So that's a 

21   decision that the Office of Mental Health will 

22   make, going forward, based on need.

23                SENATOR HAMILTON:   Thank you.  May 

24   the sponsor yield to another question, 

25   Mr. President?  


                                                               1741

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR YOUNG:   Yes.

 4                SENATOR HAMILTON:   Mental Health is 

 5   something that I'm the ranker on, and there's an 

 6   issue that is something that's dear to my heart, 

 7   and it's alarming, is the suicide rate.  Right 

 8   now the third leading cause of death for children 

 9   six to 11 years old is suicide.  The second 

10   leading cause of death in this state --

11                SENATOR YOUNG:   Senator, I just 

12   want to clarify -- not to interrupt, but we are 

13   on the capital portion of the budget.  So you may 

14   be looking, I think, at a different portion of 

15   the budget.

16                SENATOR HAMILTON:   I'm going to go 

17   forward as far as having a space for youth.  

18                If suicide is the third highest rate 

19   for our youth six to 11, and the second highest 

20   rate for our youth 12 through 35, are there any 

21   capital projects to build facilities to address 

22   the high rate of suicide in this state and 

23   particularly in Kings County?  

24                SENATOR YOUNG:   Senator, I just 

25   want to clarify.  Are you talking about building 


                                                               1742

 1   new psychiatric centers?  Or what are you 

 2   speaking of?  

 3                SENATOR HAMILTON:   I'm just saying 

 4   we have a crisis of suicide in this state.  Are 

 5   there any types of funding for capital projects 

 6   in Kings County, the largest county in the State 

 7   of New York, to address the issue of suicide and 

 8   suicide prevention?  

 9                SENATOR YOUNG:   Mr. President, I 

10   don't believe that there's any allocation 

11   specific to Kings County in the budget that is to 

12   build facilities related to preventing suicide.

13                SENATOR HAMILTON:   May the sponsor 

14   please yield to another question, please?  

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor will yield.

17                SENATOR HAMILTON:   For the capital 

18   projects for alcoholism and substance abuse, 

19   there's been $10 million that's been allocated.  

20   Do you know how much of that is going to 

21   Kings County, the largest county in the State of 

22   New York, 2.5 million people?  

23                SENATOR YOUNG:   So through you, 

24   Mr. President.  First of all, I do want to 

25   clarify.  There is $200 million in capital 


                                                               1743

 1   funding that will go towards hospitals and health 

 2   facilities that potentially could be utilized for 

 3   some kind of facility that is focused on suicide 

 4   prevention.  

 5                And also, such a project could be 

 6   eligible under the Mental Hygiene funding that's 

 7   available.  So there may be some things there.  

 8                Specifically for Kings County, I do 

 9   not believe that there is a specific allocation.  

10   However, those other resources would be 

11   available -- local health entities, for example, 

12   could apply for funding through the appropriate 

13   agency and try to access those funds if they had 

14   a good project.

15                SENATOR HAMILTON:   Thank you.

16                Mr. President, may the sponsor yield 

17   to another question, please?  

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Young, do you continue to yield?  

20                SENATOR YOUNG:   Sure.

21                ACTING PRESIDENT GRIFFO:   The 

22   Senator yields.

23                SENATOR HAMILTON:   Thank you, 

24   Senator.

25                As you know, New York City is going 


                                                               1744

 1   through a homeless crisis.  We have approximately 

 2   60,000 people in the City of New York who are 

 3   homeless.  Many of those are women and children 

 4   who are homeless.  Under Housing, can you please 

 5   let me now how much money has been allocated to 

 6   the largest county in the State of New York of 

 7   2.5 million people, Kings County, for housing?  

 8                SENATOR YOUNG:   So, Mr. President, 

 9   there's actually $2.1 billion in capital funding 

10   through Housing.  And that will be negotiated 

11   through a memorandum of understanding.

12                SENATOR HAMILTON:   Memorandum of 

13   understanding.

14                SENATOR YOUNG:   For programs 

15   statewide.  So, for example, if there were a 

16   project in your district that you were trying to 

17   spearhead, or some other group, you may want to, 

18   you know, let the Governor's office know about 

19   it, write a letter to the Governor, for example, 

20   just to let the Governor's office know that it's 

21   important to the people in your district and 

22   important to you.

23                SENATOR HAMILTON:   Yes, Senator.  

24   Thank you for that response.

25                Through the Speaker, can the sponsor 


                                                               1745

 1   please yield to another question, please?  

 2                ACTING PRESIDENT GRIFFO:   Does the 

 3   sponsor continue to yield?  

 4                SENATOR YOUNG:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.  

 7                SENATOR HAMILTON:   Yes, thank you, 

 8   Senator Young.

 9                The MOU for the housing development, 

10   as you know, it's unfortunate that we have hardly 

11   any vacant land in New York City.  So out of the 

12   $1.9 billion being allocated, how are we going to 

13   build -- what's the MOU for, and where would the 

14   new construction be allocated at in the largest 

15   county in the State of New York, Brooklyn, of 

16   2.5 million people.

17                SENATOR YOUNG:   Through you, 

18   Mr. President, as I said, the $2.1 billion that 

19   is available through Housing for capital 

20   construction projects actually would be available 

21   statewide.  So if there's a list of projects that 

22   could be funded, those would be potentially 

23   included under the MOU.

24                SENATOR HAMILTON:   Mr. Speaker, may 

25   the sponsor please yield to another question, 


                                                               1746

 1   please?  

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Young, do you yield to an additional question?  

 4                SENATOR YOUNG:   Yes.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Senator yields.

 7                May I ask again, before the members 

 8   continue to engage in conversation, there are a 

 9   number of conversations that are taking place 

10   here in the chamber.  I would ask staff and 

11   members to please take those conversations 

12   outside the chamber so we can allow the two 

13   members to exchange in discussion and debate.  

14                Senator Hamilton, you may continue.

15                SENATOR HAMILTON:   Thank you, 

16   Senator, for answering my questions.  You've been 

17   very forthcoming, and I appreciate that.

18                Senator, who would the MOU be 

19   between as far as the housing development in the 

20   County of Kings?  Because I would like to be a 

21   part of that.  So who would be the parties 

22   involved in the MOU for construction of housing 

23   in the largest county in New York State, the 

24   County of Kings, with 2.5 million people?  

25                SENATOR YOUNG:   So through you, 


                                                               1747

 1   Mr. President, all three entities -- both houses, 

 2   the Governor -- would be involved in the 

 3   negotiation.

 4                SENATOR HAMILTON:   The Governor and 

 5   who else?  

 6                SENATOR YOUNG:   The two houses.

 7                SENATOR HAMILTON:   Two houses.  

 8   Okay, thank you.  I'm sorry about that.

 9                Mr. President, would the speaker 

10   yield to another question, please?  

11                SENATOR YOUNG:   Yes.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senator yields.

14                SENATOR HAMILTON:   Thank you, 

15   Senator Young.  

16                I represent beautiful Brownsville.  

17   It has the highest density of NYCHA housing in 

18   the state.  It has the highest murder rate in the 

19   state.  It's the pipeline to economic development 

20   in upstate New York.  We have many schools where 

21   the kids are -- only 8 percent and sometimes 

22   2.1 percent are reading at grade level.  I'd like 

23   to know -- NYCHA housing is dilapidating in that 

24   area.  I think it's being done purposely.  And so 

25   I'd like to know, within the area of Brownsville, 


                                                               1748

 1   which is approximately 60,000 people, how much 

 2   money has been allocated to preserve or maintain 

 3   the infrastructure of NYCHA housing?  

 4                SENATOR YOUNG:   So through you, 

 5   Mr. President, that would also be subject to an 

 6   MOU.

 7                SENATOR HAMILTON:   Thank you to the 

 8   sponsor.  

 9                Mr. President, I'd like to speak on 

10   the bill.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Hamilton on the bill.

13                SENATOR HAMILTON:   I come from the 

14   Borough of Kings, which I'm proud of, which is 

15   the largest county in New York State, 

16   representing 2.5 million people.  There are many 

17   things in here that I don't agree with.  I find 

18   it hard that within the last half-hour I have 

19   been given 677 pages to read, which I think is an 

20   insurmountable task for me to read this amount of 

21   literature within a half-hour.

22                So with due diligence, I cannot vote 

23   on a bill that I have not read.  It's hard for 

24   me, even if I were to read it, to comprehend it 

25   at 2 o'clock in the morning.  So, Mr. President, 


                                                               1749

 1   due to the fact of this untimely hour, due to the 

 2   fact that I received this bill of 677 pages 

 3   within the last -- within a half an hour, I 

 4   cannot read this; if I were to read it, I 

 5   wouldn't comprehend it at this time, and I would 

 6   need more than a couple of days, if not a week, 

 7   to fully comprehend and digest what's actually 

 8   being presented towards me tonight.  

 9                So I'm not saying that this is a 

10   good bill or a bad bill, but it's a bill that I 

11   have not read.  And I do not want to be negligent 

12   to my constituents, 350,000 people, and vote on 

13   something that I have not read and vote on 

14   something that was given to me at literally 1:30 

15   in the morning.  

16                So I have to vote no on this.  Thank 

17   you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Espaillat.

20                SENATOR ESPAILLAT:   Thank you, 

21   Mr. President.  On the bill.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Espaillat on the bill.

24                SENATOR ESPAILLAT:   Thank you, 

25   Mr. President.


                                                               1750

 1                As you know, for some years we have 

 2   been discussing the housing crunch, the housing 

 3   crisis affecting the City and the State of 

 4   New York.  In fact, that is a crisis that has 

 5   been ripping neighborhoods apart.  And right at 

 6   the center of it is the cost of rent and 

 7   affordability.  

 8                We have also been very critical that 

 9   the settlements that have taken place between the 

10   Attorney General's office, the New York State 

11   Attorney General's office, and the banking and 

12   financial institutions of Wall Street that 

13   engaged in risky business resulting in a 

14   financial collapse, a close financial collapse of 

15   our economy, that the settlement money that we 

16   have gotten for several years has gone elsewhere, 

17   outside of the epicenter of the housing crisis, 

18   primarily to some of the counties outside of 

19   New York City.  

20                But we are happy to see that in this 

21   budget, $600 million of that settlement money is 

22   coming towards the Division of Housing and 

23   Community Renewal for the purpose of affordable 

24   housing.  And so we are hopeful that that 

25   $1.9 billion will result in the creation and the 


                                                               1751

 1   construction of affordable housing, and that when 

 2   the MOU is reached between the Director of the 

 3   Budget and the three leaders, that in fact 

 4   through that agreement we may be able to get some 

 5   funding for NYCHA.

 6                As you know, last year we allocated 

 7   $100 million for the first time in over a decade 

 8   to the NYCHA network of complexes that are facing 

 9   a $17 billion deficit and are facing critical 

10   challenges, infrastructure and capital project 

11   challenges, throughout the City of New York.

12                So we're hopeful that when that MOU 

13   is reached, that NYCHA is given the ability to 

14   access some of this capital funding to the tune 

15   perhaps of $100 million for the next five years.

16                I am also pleased to see that in the 

17   original Senate resolution there was a 

18   $2.5 million allocation that has been 

19   traditionally included for the Hudson River Park 

20   Trust that I represent, along with Senator 

21   Hoylman, and that in fact this was zeroed out in 

22   the resolution.  But we're happy to see that this 

23   budget includes it, and it was restored.  

24                For those reasons, Mr. President, I 

25   will be voting in the affirmative.


                                                               1752

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Espaillat.

 3                Senator Dilan.

 4                SENATOR DILAN:   Mr. President, 

 5   would the sponsor yield for some questions?

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Young, do you yield?  

 8                SENATOR YOUNG:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senator yields.

11                SENATOR DILAN:   Yes, Senator, these 

12   are just follow-ups to the questions I had 

13   previously asked.  

14                So first, with respect to DOT 

15   funding capital, can you give us an overview of 

16   what funds are in there for the capital budget 

17   DOT?  And also, has the commissioner provided us 

18   the project list as promised?

19                SENATOR YOUNG:   So through you, 

20   Mr. President, under the Department of 

21   Transportation, for the fiscal year 2016 through 

22   2021, the amount would be $27.1 billion.  So how 

23   that breaks down is there was $20.1 billion 

24   committed as of fiscal year 2017 in the Executive 

25   Budget; 1 billion over the next four years, the 


                                                               1753

 1   breakdown to be determined; $4 billion in the 

 2   sixth year by fiscal year 2021; $2 billion for 

 3   the Thruway Stabilization Program, which includes 

 4   the Tappan Zee Bridge and core capital program.

 5                SENATOR DILAN:   And has the project 

 6   list been provided by the commissioner?

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Young.  

 9                SENATOR YOUNG:   So through you, 

10   Mr. President, when the MTA, the Metropolitan 

11   Transportation Authority, has the CPRB approval, 

12   that's when the list will be out.

13                SENATOR DILAN:   Mr. President, 

14   would the sponsor continue to yield?  

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senator yields.

18                SENATOR DILAN:   I was referring to 

19   the DOT capital projects list.

20                SENATOR YOUNG:   They're linked 

21   together, Senator.

22                ASSEMBLYMAN DILAN:   They're linked 

23   together?

24                SENATOR YOUNG:   That's what I'm 

25   saying, yes.


                                                               1754

 1                SENATOR DILAN:   Because it is my 

 2   understanding that MTA has already submitted 

 3   their project list, which was rejected.

 4                SENATOR YOUNG:   Yes.

 5                SENATOR DILAN:   Okay.  Would the 

 6   sponsor yield for further questions?  

 7                SENATOR YOUNG:   Yes.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR DILAN:   In the Senate 

11   one-house bill, which both conferences supported 

12   additional funding for CHIPS, was that additional 

13   funding, is that in this budget?  And also is 

14   there funding for PAVE NY and BRIDGE NY?

15                SENATOR YOUNG:   So through you, 

16   Mr. President, under the CHIPS program, which we 

17   know is very popular across the state, there's 

18   $438 million that's available.  And then on top 

19   of that, through the PAVE program, there would be 

20   an additional $400 million.

21                SENATOR DILAN:   So there is funding 

22   for PAVE NY and BRIDGE NY in this budget?  

23                SENATOR YOUNG:   I'm sorry?  

24                SENATOR DILAN:   Is there actual 

25   funding for PAVE NY and BRIDGE NY in this budget?  


                                                               1755

 1                SENATOR YOUNG:   Yes, Senator, it's 

 2   included within the appropriation, Mr. President.

 3                SENATOR DILAN:   I didn't see any 

 4   language.  That's why I'm asking that question.

 5                Mr. President, a further question?  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Young, do you continue to yield?  

 8                SENATOR YOUNG:   Yes.

 9                SENATOR DILAN:   With respect to the 

10   MTA capital funding, I see language where we are 

11   getting $2.9 billion and there's some language in 

12   here which states "Regarding the commitment of 

13   the State of New York to fund, over a multiyear 

14   period, $7.3 billion of capital costs related to 

15   such program, funds appropriated herein shall be 

16   available in the event that the state elects to 

17   meet its commitment through direct payments."

18                Can you explain that language?  And 

19   who makes the determination?

20                SENATOR YOUNG:   So through you, 

21   Mr. President, the state has committed 

22   $7.3 billion to the MTA, and out of that amount, 

23   $2.9 billion is appropriated.

24                SENATOR DILAN:   Mr. President, the 

25   question also is who makes the determination if 


                                                               1756

 1   the commitment is kept?  I'll read that again.  

 2   It says:  "Funds appropriated herein shall be 

 3   made available in the event that the state elects 

 4   to meet its commitment through direct payments."

 5                And I need an explanation as to 

 6   that, and who makes the determination if the 

 7   state elects.  

 8                SENATOR YOUNG:   So through you, 

 9   Mr. President, it would be the Executive and the 

10   Division of Budget.

11                SENATOR DILAN:   Would the sponsor 

12   yield for further questions?

13                SENATOR YOUNG:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR DILAN:   So this 

17   $2.9 billion, is it real money in the budget or 

18   is it something that's put into the budget so the 

19   MTA can leverage funding on its own?

20                SENATOR YOUNG:   So through you, 

21   Mr. President, it's the commitment that the state 

22   plans to make to the MTA.

23                SENATOR DILAN:   One further 

24   question.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1757

 1   Young, do you yield?  

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senator yields.

 5                SENATOR DILAN:   The final question 

 6   is I would like to know if there is actual 

 7   funding in this budget for the Second Avenue 

 8   subway.

 9                SENATOR YOUNG:   So through you, 

10   Mr. President.  Yes, Senator, there's a 

11   commitment through the five-year capital plan.

12                SENATOR DILAN:   Is there a dollar 

13   amount?

14                SENATOR YOUNG:   So through you, 

15   Mr. President, there's $1.5 billion total, and 

16   $535 million that was already in the proposed 

17   plan.

18                SENATOR DILAN:   On the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Dilan on the bill.

21                SENATOR DILAN:   Yes, I would just 

22   like to thank the sponsor for her responses, and 

23   I will be voting in favor of the bill.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Dilan.


                                                               1758

 1                Senator Krueger.

 2                SENATOR KRUEGER:   Can we all do a 

 3   little gym exercise?  I think we need to get our 

 4   blood sugar going, our energy up.  Will the 

 5   sponsor please yield, Mr. President?  

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.  

 9                SENATOR KRUEGER:   Thank you.  

10   Wasn't there some show years ago that they would 

11   like take a break and they'd all do some kind 

12   of -- no, I'm making it up?  

13                SENATOR YOUNG:   Calisthenics?

14                SENATOR KRUEGER:   I think so.  Jack 

15   LaLanne, maybe it was.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Krueger, are you going to lead us in 

18   calisthenics?  

19                SENATOR KRUEGER:   If I remember the 

20   routine.  But no, I'm probably going to ask one 

21   of our younger members perhaps who was in the 

22   military to lead us.  Wouldn't that be a good 

23   idea?  Senator Croci, do you want to lead us?  

24                (Laughter.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1759

 1   Young, do you yield to a question from Senator 

 2   Krueger?  

 3                SENATOR YOUNG:   Regarding the 

 4   budget, yes.  Not about calisthenics.

 5                (Laughter.)

 6                SENATOR KRUEGER:   Okay, fine.  

 7   We'll go back to the budget.  It's 2:30 in the 

 8   morning.  We really could be doing something 

 9   else, but fine.

10                So the capital budget, the capital 

11   bill, adds up to how much money in this bill in 

12   total?

13                SENATOR YOUNG:   You know what, 

14   Senator, we'll have to check on that amount 

15   because -- and we can get it to you, I believe, 

16   later tonight.

17                SENATOR KRUEGER:   Okay.  Well, I 

18   think if we look at the financial plan which you 

19   have pointed out that you gave us tonight, I 

20   think it adds up to about 11.16 billion enacted, 

21   looking at your charts from earlier this evening.

22                SENATOR YOUNG:   Okay.

23                SENATOR KRUEGER:   Okay?  So my 

24   question was, is all of that capital within this 

25   budget bill, so would that be approximately the 


                                                               1760

 1   right number?  

 2                SENATOR YOUNG:   So through you, 

 3   Mr. President, those funds that you're 

 4   referencing are the capital projects that are 

 5   cash in the plan.  

 6                SENATOR KRUEGER:   Did you want to 

 7   give me more of an answer?  I was giving you 

 8   time.

 9                SENATOR YOUNG:   No, no.  No.

10                SENATOR KRUEGER:   No?  Okay.  So 

11   you believe that this 11.166 billion -- some of 

12   which is cash, is that what you're saying? 

13                SENATOR YOUNG:   Through you, 

14   Mr. President, it's all cash.  It's cash 

15   financial.

16                SENATOR KRUEGER:   So that's the 

17   cash -- excuse me, Mr. President, through you.  

18   So the $11.166 billion is the cash for capital.

19                SENATOR YOUNG:   Right.

20                SENATOR KRUEGER:   Thank you.  And 

21   then we see that the change between the -- 

22   through you, Mr. President, if the sponsor would 

23   continue to yield.

24                ACTING PRESIDENT GRIFFO:   The 

25   sponsor will yield.  And I'll be a little 


                                                               1761

 1   flexible here.

 2                SENATOR KRUEGER:   Thank you.  

 3                So we see that the changes from the 

 4   Executive's original proposed budget to the bills 

 5   we are getting here tonight -- I can find about 

 6   $4 billion in new money that was added through 

 7   negotiations, including over a billion more for 

 8   the economic development UDC budget, going from 

 9   $1.1 billion to over $2 billion; additional 

10   monies for the MTA, as my colleague was 

11   discussing, of approximately $2.9 billion; a 

12   billion dollars for the Javits Center.  Where are 

13   we getting that money from?  Because that's new 

14   additional capital that came in between the 

15   Governor's original proposed budget and what we 

16   are looking for tonight.  

17                We know that we -- we say we're 

18   staying within the 2 percent cap, so where did we 

19   find that money and what did we cut out instead?

20                SENATOR YOUNG:   So through you, 

21   Mr. President, the capital actually falls outside 

22   the 2 percent cap.

23                SENATOR KRUEGER:   Okay.  So through 

24   you, Mr. President, if the sponsor would continue 

25   to yield.


                                                               1762

 1                SENATOR YOUNG:   Yes.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR KRUEGER:   So when we look 

 5   at the 2 percent cap, that doesn't include any 

 6   capital money?  

 7                SENATOR YOUNG:   You're correct, 

 8   Senator.  No, it does not.

 9                SENATOR KRUEGER:   Thank you.  

10   That's actually very helpful, thank you.

11                Through you, Mr. President, if the 

12   sponsor would continue to yield.

13                SENATOR YOUNG:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR KRUEGER:   One of the items 

17   in this bill is a billion dollars for expansion 

18   of the Javits Center.  Who decided that we ought 

19   to spend a billion dollars on the Javits Center?  

20   What process did that go through?

21                SENATOR YOUNG:   So through you, 

22   Mr. President, the Governor had a proposal and 

23   the Legislature decided to accept the Governor's 

24   proposal.

25                SENATOR KRUEGER:   Through you, 


                                                               1763

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                SENATOR YOUNG:   Yes.

 4                SENATOR KRUEGER:   Thank you.  

 5                So it was a Governor's proposal.  Do 

 6   we know, since it is located in the City of 

 7   New York, does the City of New York support the 

 8   billion-dollar expansion of the Javits Center?  

 9                SENATOR YOUNG:   Senator -- through 

10   you, Mr. President -- I haven't talked to the 

11   mayor recently about such subjects.  But if it 

12   were me and I were the mayor, I would support a 

13   billion-dollar investment in my community for 

14   sure.

15                SENATOR KRUEGER:   On the bill, 

16   Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger on the bill.

19                SENATOR KRUEGER:   I want to thank 

20   the sponsor for her answers.

21                Capital money is a critical 

22   component of what the state ought to be spending 

23   its money on.  As we have heard from some of my 

24   colleagues already, I'm very concerned about what 

25   we're deciding to spend money on and not spend 


                                                               1764

 1   money on in this capital budget.  

 2                I am not confident that there is 

 3   adequate funding for the five-year plans for the 

 4   MTA or upstate transportation package.  I worry 

 5   that we say we'll have the money, but we're 

 6   actually not really putting it in, other than the 

 7   first two years of five, and now we're calling 

 8   them sort of six-year plans.  It worries me 

 9   immensely.  

10                We're not adequately putting our 

11   money into affordable housing, where we heard 

12   about $10 billion and $20 billion proposals for 

13   housing and homelessness during the State of the 

14   State, but we're not seeing anywhere near a down 

15   payment on those commitments through capital in 

16   this budget.

17                I suppose it's a reasonable question 

18   whether it is a better use of money to spend a 

19   billion dollars on a convention center that I 

20   think we've just finished rebuilding, I think to 

21   the tune of more than half a billion, and now we 

22   might have to undo that and spend another billion 

23   to change it, and there's still not evidence that 

24   the City of New York or even any cities need 

25   larger convention centers.  But I sure know what 


                                                               1765

 1   we could do with a billion dollars for housing or 

 2   mass transit in the City of New York, as long as 

 3   we seem to have an extra billion to spend.

 4                It's frustrating, as one of my 

 5   colleagues already said, to get a bill that's 

 6   over 600 pages long, to have I guess perhaps from 

 7   1 a.m. till 2:30 a.m. to try to evaluate it and 

 8   what's in it, to realize that a billion here, a 

 9   billion there, we'll figure it out later, is the 

10   way we do our budgets in the State of New York.  

11                It's -- you know, I haven't voted no 

12   on any of the budget bills this year.  It's a 

13   little disturbing to me, given me.  I don't think 

14   I can vote for this bill.  I don't think this is 

15   the right way to spend capital money to put the 

16   state into further debt.  I believe that capital 

17   infrastructure is exactly what we should be 

18   investing in, but I'm not sure we're divvying up 

19   our money correctly here.  And I certainly don't 

20   think that we have evaluated the options 

21   correctly.  

22                So I'll be voting no on this bill, 

23   Mr. President.  Thank you.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Krueger.


                                                               1766

 1                Senator Sanders.

 2                SENATOR SANDERS:   Thank you, 

 3   Mr. President.  On the bill.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Sanders on the bill.

 6                SENATOR SANDERS:   Back to the 

 7   housing portion of this bill, I'm happy that 

 8   $1.9 billion has been recouped, of course, from 

 9   banks due to predatory lending and other shady 

10   mortgage practices, and many of these have gone 

11   into different settlement funds.  I'm also happy 

12   that $600 million from one settlement fund is 

13   going to the DHCR to start addressing some of the 

14   problems that have been caused and the city is 

15   plagued with -- the city and the state, for that 

16   matter.

17                But I must point out that none of 

18   this money has been targeted and returned to the 

19   people who were impoverished due to this 

20   mortgage -- theft is the best way to say it.  

21   None of these people have been made whole from 

22   these monies.  This money is being distributed 

23   citywide for housing, yet we're not even 

24   targeting the communities that the money was 

25   generated from.  The theft occurred and was 


                                                               1767

 1   concentrated in certain communities.  The monies 

 2   should be targeted on those particular 

 3   communities.

 4                I am glad that we're dealing with 

 5   some of the problems citywide and statewide, but 

 6   I again urge folks that if theft occurs in a 

 7   certain area, then we should target that area to 

 8   make it whole.  So I'm going to work with DHCR to 

 9   see what we can do to create programs to target 

10   the areas that were impoverished.  

11                I want to thank the staff of the 

12   Senate Democrats for, in such a short period of 

13   time, putting a lot of information into something 

14   that people can understand.  I really want to 

15   thank them for getting to the gist of all of 

16   these things.  

17                And there are real problems with 

18   this budget, let us be clear, but I believe that 

19   the good in the budget so far outweighs the bad.  

20   So I will be voting in the affirmative on this 

21   particular part, as I'm going to work with the 

22   different agencies to see what we can do to make 

23   the communities whole that were impoverished 

24   thanks to the theft and plunder by the banking 

25   industry.


                                                               1768

 1                Thank you very much, Mr. President.  

 2                ACTING PRESIDENT GRIFFO:   Thank 

 3   you, Senator Sanders.

 4                Senator Hoylman.

 5                SENATOR HOYLMAN:   Thank you, 

 6   Mr. President.  Would the sponsor yield for a 

 7   couple of questions?  

 8                SENATOR YOUNG:   Yes.

 9                ACTING PRESIDENT GRIFFO:   The 

10   sponsor yields.

11                SENATOR HOYLMAN:   Thank you.  

12   Through you, Mr. President.  Under the New York 

13   Works economic development fund, I understand the 

14   Executive proposal is modified by an increase 

15   from $99 million to $199 million.  Could the 

16   sponsor explain why the increase of $100 million 

17   and what that's dedicated toward?  

18                SENATOR YOUNG:   So through you, 

19   Mr. President, basically that money was put in 

20   there because it was needed to pay back what the 

21   Solar City project had borrowed, the one in 

22   Buffalo.

23                SENATOR HOYLMAN:   So would the 

24   sponsor continue to yield?  

25                SENATOR YOUNG:   Yes.


                                                               1769

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR HOYLMAN:   So this is the 

 4   Solar City project in Buffalo, and that money is 

 5   $100 million dedicated toward that project 

 6   exclusively?  

 7                SENATOR YOUNG:   Yes.  So you may 

 8   have read news reports recently where there was a 

 9   little funding flow glitch, and so they borrowed 

10   the $100 million from this pot of money.  And so 

11   now this restores that money back to that line.

12                SENATOR HOYLMAN:   Would the sponsor 

13   continue to yield?

14                SENATOR YOUNG:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR YOUNG:   Yes.

18                SENATOR HOYLMAN:   Thank you, 

19   Mr. President.  Through you, is any of this 

20   money, the 199 million, so-called discretionary 

21   funds that, as I understand, either house has had 

22   in recent years for members?  We don't call them 

23   member items any longer, but we do understand 

24   that some members have access to this kind of 

25   money.


                                                               1770

 1                SENATOR YOUNG:   Through you, 

 2   Mr. President.  Actually these decisions are made 

 3   by the Executive, Empire State Development 

 4   Corporation, and it's all controlled by the 

 5   executive.

 6                SENATOR HOYLMAN:   Thank you, 

 7   Mr. President.  Thanks to the sponsor for her 

 8   answers.

 9                ACTING PRESIDENT GRIFFO:   Is there 

10   any other Senator that wishes to be heard?  

11                Seeing none, hearing none, debate is 

12   closed.  The Secretary will ring the bell.

13                Read the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   In relation to 

20   Calendar 518, those recorded in the negative are 

21   Senators Hamilton, Krueger and Rivera.

22                Ayes, 59.  Nays, 3.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                Senator DeFrancisco.


                                                               1771

 1                SENATOR DeFRANCISCO:   On the next 

 2   bill, Calendar 519, do we have a message of 

 3   necessity?  

 4                ACTING PRESIDENT GRIFFO:   There is 

 5   no message before the desk.

 6                Can I have some order in the house, 

 7   please.

 8                SENATOR DeFRANCISCO:   So we'll wait 

 9   here at 10 minutes of 3:00 until we get a message 

10   so we can continue the business of the state.

11                ACTING PRESIDENT GRIFFO:   The 

12   Senate will stand temporarily at ease.

13                (Whereupon, the Senate stood at ease 

14   at 2:50 a.m.)

15                (Whereupon, the Senate reconvened at 

16   4:20 a.m.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   DeFrancisco.

19                SENATOR DeFRANCISCO:   It's my 

20   understanding, since we don't have a message of 

21   necessity but we want to be productive here in 

22   this chamber, that all three leaders have 

23   indicated they would consent to at least debating 

24   the next bill, 519, and then, once the debate is 

25   over, hold for the message, so that we can use 


                                                               1772

 1   the time productively.  

 2                If that's in fact the case, can we 

 3   start the debate on this bill now.  Senator 

 4   Rivera has consented --

 5                ACTING PRESIDENT GRIFFO:   Without 

 6   objection, we shall so move, and the Secretary 

 7   will read.

 8                THE SECRETARY:   Calendar Number 

 9   519, Senate Budget Bill, Senate Print 6400D, an 

10   act making appropriations for the support of 

11   government:  STATE OPERATIONS BUDGET.

12                SENATOR GIANARIS:   Lay it aside.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is laid aside.  

15                The Secretary will ring the bell.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   519, Senate Budget Bill, Senate Print 6400D, an 

19   act making appropriations for the support of 

20   government:  STATE OPERATIONS BUDGET.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Stavisky.

23                SENATOR STAVISKY:   Thank you, 

24   Mr. President.  Will the sponsor yield?

25                SENATOR YOUNG:   Yes, Mr. President.


                                                               1773

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.  

 3                Can we have some quiet in the 

 4   chamber, please.  Senator Stavisky, you may 

 5   proceed.

 6                SENATOR STAVISKY:   The City 

 7   University of New York, can you tell me whether 

 8   the faculty there has a contract?  

 9                SENATOR YOUNG:   Thank you, Senator 

10   Stavisky.  Actually, I don't believe that they do 

11   have a contract.

12                SENATOR STAVISKY:   Will the Senator 

13   continue to yield?

14                SENATOR YOUNG:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   Senator yields.  

17                But I'd ask again for some quiet in 

18   the chamber so the members can hear the exchange.

19                SENATOR STAVISKY:   In fact, the 

20   faculty at the City University of New York has 

21   not had a contract since 2010.  And one of the 

22   issues involved in that is the cost of the 

23   contract.  

24                Can you tell me what happened to the 

25   $240 million that had originally been proposed by 


                                                               1774

 1   the Executive in his budget proposal?  

 2                SENATOR YOUNG:   Why don't we let 

 3   Senator LaValle answer these questions.

 4                ACTING PRESIDENT GRIFFO:   Without 

 5   objection, I will ask Senator LaValle.  Senator 

 6   LaValle.

 7                SENATOR LaVALLE:   I'm ready, 

 8   Senator Stavisky.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Stavisky, you may pose your question.

11                SENATOR STAVISKY:   Continuing with 

12   the previous question, I had asked about the 

13   $240 million that had been set aside for the 

14   contract.

15                SENATOR LaVALLE:   That was in the 

16   Governor's Executive Budget to us, $240 million 

17   for a collective bargaining agreement.  And yes, 

18   the union there has not had a contract for 

19   multiple years.

20                SENATOR STAVISKY:   And in fact -- 

21   if the Senator would continue to yield.

22                SENATOR LaVALLE:   Yes.

23                SENATOR STAVISKY:   In fact, there 

24   are multiple unions, it's not just one union.  

25   None of them have a contract.  


                                                               1775

 1                Do you believe that it's going to be 

 2   a little more difficult, perhaps, for a contract 

 3   where the budget has not set aside the amount to 

 4   satisfy the agreement?  

 5                SENATOR LaVALLE:   Senator, as you 

 6   know, the deliberations regarding City University 

 7   have been somewhat different.  I mean, we had 

 8   $240 million that was in the Governor's budget, 

 9   as you know, and then we had other issues that we 

10   discussed in our conference committee dealing 

11   with $485 million.  So there are a number of 

12   confluences that have been going on at the same 

13   time.  So it's been a little different than many 

14   of the discussions in the budget.  

15                But it started on a very good 

16   footing, as I have said a couple of times, with 

17   the $240 million being in the Executive Budget.

18                SENATOR STAVISKY:   Would the 

19   Senator continue to yield?  

20                SENATOR LaVALLE:   Sure.

21                ACTING PRESIDENT GRIFFO:   The 

22   Senator yields.

23                SENATOR STAVISKY:   On another 

24   subject, both the SUNY 2020 and the CUNY 

25   programs, they each provided for tuition 


                                                               1776

 1   increases, the so-called rational tuition policy.  

 2   Can you tell us in the budget what happened to 

 3   that funding?

 4                SENATOR LaVALLE:   The Governor had 

 5   put in tuition increases, and both houses of the 

 6   Legislature did not accept the increases in the 

 7   rational tuition.  Both houses rejected, for both 

 8   SUNY and CUNY, any increases in tuition.

 9                At the same time we did, in the last 

10   48 hours -- in the last 48 hours came with up 

11   with some money, 12 million for CUNY and 

12   18 million for SUNY, to offset any disturbance on 

13   any of the campuses in terms of faculty, and kind 

14   of smooth the pathway there.

15                SENATOR STAVISKY:   Can you clarify 

16   the situation at SUNY, the amount of money that 

17   was involved and how the loss is going to be 

18   covered, the loss in revenue is going to be 

19   covered?  

20                SENATOR LaVALLE:   I think I 

21   indicated we did the same thing we did with CUNY, 

22   taking the performance money -- it was 18 million 

23   for SUNY, 12 million for CUNY.  We allowed for 

24   SUNY, the University Centers, to increase 

25   out-of-state tuition by up to 10 percent.


                                                               1777

 1                SENATOR STAVISKY:   If the Senator 

 2   will continue to yield.

 3                SENATOR LaVALLE:   Yes, Senator.

 4                SENATOR STAVISKY:   What is the 

 5   estimated loss of revenue with the lack of a 

 6   tuition increase, the total?  

 7                SENATOR LaVALLE:   The increase for 

 8   SUNY was worth about $89 million, and for CUNY I 

 9   think it was $52 million.

10                SENATOR STAVISKY:   If the Senator 

11   would continue to yield.

12                SENATOR LaVALLE:   Yes, ma'am.

13                SENATOR STAVISKY:   How is SUNY 

14   going to make up the difference between the 

15   12 million and the 80 million, the loss of 

16   revenue and the lack of replacement of the lost 

17   revenue?  

18                SENATOR LaVALLE:   I don't 

19   understand the question.  Because the money that 

20   we restored was 18 million.

21                SENATOR STAVISKY:   Let me rephrase 

22   the question.  There was a loss in revenue of 

23   $80 million, what the tuition brought in at SUNY.  

24   And the replacement is, I think, 12 million.

25                SENATOR LaVALLE:   I'm sorry, I do 


                                                               1778

 1   understand the question.

 2                One of the reasons that the 

 3   Legislature rejected the tuition increases was 

 4   because there was a $300 per year for five years 

 5   increase.  So that's $1500 that the students 

 6   paid.  The general belief was that in this year, 

 7   that because of the $1500 that was coming in to 

 8   support the system, that for this year in 

 9   particular there would be -- that the campuses 

10   could work their way through by not having a 

11   tuition increase in both SUNY and CUNY.

12                SENATOR STAVISKY:   Thank you.  If 

13   the Senator would continue to yield.

14                SENATOR LaVALLE:   Yes.

15                SENATOR STAVISKY:   I don't disagree 

16   with that, I must say.  

17                But on a totally different issue, is 

18   there any additional monies that are coming into 

19   SUNY or CUNY in other budgets?

20                SENATOR LaVALLE:   Well, as I had 

21   indicated in the case of SUNY, the colleges had 

22   out-of-state tuition.  And again in this budget 

23   there will be, for the University Centers, it 

24   would allow them another 10 percent, up to a 

25   10 percent increase.


                                                               1779

 1                The other sources of revenue 

 2   traditionally in the past have been student fees.  

 3   So we have tuition, student fees for in-state 

 4   students, the tuition increase for out-of-state 

 5   tuition.  And of course one of the important 

 6   sources of additional money is through research 

 7   grants that the campuses generate.  I'm not sure 

 8   I know of any other sources.

 9                SENATOR STAVISKY:   That's not -- 

10   let me rephrase my question.

11                We have yet to pass the ELFA budget 

12   and the Aid to Localities budget.  Are there any 

13   funds in either of those budgets for SUNY and 

14   CUNY?

15                SENATOR LaVALLE:   That's where the 

16   18 and the 12 million will be, in the ELFA -- 

17   okay.  So the Aid to Localities will have capital 

18   monies which we added to the budget.  So I don't 

19   know what other sources of revenue are coming in.  

20   We talked about the 18 and the 12, additional 

21   capital monies that we added to the Governor's 

22   budget, Executive Budget.

23                SENATOR STAVISKY:   Thank you.

24                On the bill very briefly, 

25   Mr. President.


                                                               1780

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Stavisky on the bill briefly.

 3                SENATOR STAVISKY:   It's very 

 4   difficult to -- not having the Aid to Localities 

 5   budget and the ELFA budget in front of us, to 

 6   anticipate what additional monies will accrue to 

 7   SUNY and CUNY.

 8                I think this is a terrible hit, 

 9   particularly on CUNY.  And the fact that the 

10   $240 million has been withdrawn causes me to vote 

11   in the negative on this bill.  

12                Thank you, Mr. President.

13                Thank you, Senator LaValle.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Stavisky.

16                Senator Espaillat.

17                SENATOR ESPAILLAT:   Yes, thank you, 

18   Mr. President.  

19                I am happy to see that this bill 

20   proposes a tuition freeze and that in fact it 

21   increases funding for important programs, in fact 

22   that I participated in when I was in college, 

23   such as the SEEK program, College Discovery, 

24   ATTAIN, which is an important program to many of 

25   us that provides technology labs, SUNY labs.  


                                                               1781

 1   It's an important program, and it has $2 million.  

 2   In addition to, of course, as I said earlier, the 

 3   tuition freeze and the fact that the over 

 4   $400 million proposed to be cut from the senior 

 5   colleges also was included in the budget.

 6                So although there are some minor 

 7   concerns, you know, this provides some relief for 

 8   students in the form of a tuition freeze, and 

 9   particularly for disadvantaged students in the 

10   form of increases in some of these Opportunity 

11   Programs.

12                In regards to housing, although 

13   there is no direct funding again for the Tenant 

14   Protection Unit through the Division of Housing 

15   and Community Renewal, as it has been a 

16   long-standing effort from this house's majority 

17   to deny a specified and direct line of funding 

18   for this unit -- in fact, there is ongoing 

19   litigation to prohibit that -- a unit that 

20   provides relief and help to tenants, it has 

21   recouped thousands of rent-stabilized units that 

22   have been illegally taken off the rolls, and is 

23   continuing to do a good job.  

24                Although we're still not getting a 

25   direct line, I'm happy to see there is a 


                                                               1782

 1   $2 million increase for the division.  And I hope 

 2   that in their wisdom they can find the funding to 

 3   continue to have the TPU, the Tenant Protection 

 4   Unit, working again this coming year.

 5                For those reasons, Mr. President, I 

 6   will be voting in favor of this particular bill.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Senator Espaillat.

 9                Senator Hamilton.

10                SENATOR HAMILTON:   Yes, 

11   Mr. President, I rise to address the bill.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Hamilton on the bill.

14                SENATOR HAMILTON:   I tried to read 

15   as much as possible of the bill that I got at 

16   2 o'clock.  It's actually 700 pages.  It's a 

17   lengthy document.  As you're well aware, I was 

18   not able to compete reading this document within 

19   the time that was allocated to me, which is two 

20   hours.  

21                I would think that any lawyer in a 

22   law firm or anybody else that actually tried to 

23   read this would not sign off on it to their 

24   client, nor would I sign off on it to my 

25   constituents, because procedurally there's no due 


                                                               1783

 1   process in me reading this and actually knowing 

 2   for myself whether or not this will benefit or 

 3   not benefit the constituents in my community.

 4                I just want to say I'm not against 

 5   the bill, I'm not for the bill, I just haven't 

 6   read the bill.  And I will not vote on a bill 

 7   that I have not read.  It would be negligent of 

 8   me to do so.  So therefore, due to the fact that 

 9   I've gotten this bill at 2 o'clock in the morning 

10   and it's now 2:30 in the morning, with over 700 

11   pages -- 4:30.  What did I say, 2:30?  I'm 

12   delirious now, it's so late. 

13                SENATOR SANDERS:   From reading too 

14   much.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Hamilton, it's 2:30 Mountain Time.

17                SENATOR HAMILTON:   Mountain Time, 

18   thank you.  Mountain Time.  

19                So due to the fact that I have not 

20   had time to read it and the hour that it was 

21   given to me, at 2 o'clock, and now it's 4:30, I 

22   cannot with good conscience vote on this bill.  

23   So I vote in the negative.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Hamilton.


                                                               1784

 1                Senator Breslin.

 2                SENATOR BRESLIN:   Thank you, 

 3   Mr. President.  On the bill, please.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Breslin on the bill.

 6                SENATOR BRESLIN:   Thank you, 

 7   Mr. President.

 8                Very briefly, I'm up to talk about 

 9   Albany.  And Albany has been faced with a fiscal 

10   crisis in part caused by state buildings.  Over 

11   30 percent of the buildings in the City of Albany 

12   are state buildings, and they tend to be 

13   isolated, sometimes covered.  And the buildings 

14   don't generate the kinds of revenue to the city 

15   itself, but obviously the services provided to 

16   that 30 percent are significant.

17                In addition to that 30 percent, 

18   there's another 30 percent of government 

19   buildings, which bring it up to 60 percent of 

20   exempt properties.

21                The Governor realized that and 

22   understood that; members of the Assembly, in 

23   particular John McDonald and Pat Fahy, understood 

24   that.  And we looked to resolve it by way of a 

25   payment in lieu of taxes.  And accordingly, in 


                                                               1785

 1   this budget, $12.5 million was provided in terms 

 2   of spin-up money, which as you know is already 

 3   allocated money, and it isn't money directly out 

 4   of our pot right now.  

 5                But the significance to Albany is 

 6   profound.  It puts them in a position to recover, 

 7   to prosper, and to look for long-term ways to 

 8   overcome that 60 percent exempt properties.  And 

 9   I know that the citizens of Albany, when they 

10   wake up on this very beautiful Friday morning and 

11   realize what has happened, will be very happy and 

12   be off to a very good start.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Breslin.

16                Is there any other Senator that 

17   wishes to be heard?  

18                Senator Young.

19                SENATOR YOUNG:   Yes, thank you, 

20   Mr. President.

21                I just want to clarify, based on 

22   some of the comments, I want to stress that the 

23   TPU, the Tenant Protection Unit, is not included 

24   in the State Budget.  Thank you.

25                ACTING PRESIDENT GRIFFO:   Thank 


                                                               1786

 1   you, Senator Young.

 2                Is there any other Senator that 

 3   wishes to be heard?  

 4                Seeing none, hearing none, debate is 

 5   closed and the Secretary will ring the bell.  

 6                SENATOR DeFRANCISCO:    

 7   Mr. President.  Mr. President.  You can ring the 

 8   bell, but we can't vote.  So if we'd just lay the 

 9   bill aside temporarily until we get a message.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco, we will do as you have instructed.  

12   But what we were looking to do is potentially 

13   consider this as a high bill, to allow you to 

14   continue to move on.  But we will ask and seek 

15   counsel's advice on that.

16                SENATOR DeFRANCISCO:   Say that 

17   again?  You want to consider it a what bill?

18                (Laughter.)

19                ACTING PRESIDENT GRIFFO:   As we 

20   would in any other -- as we would in any other 

21   case, we can go -- proceed to begin the roll 

22   without taking the actual roll and consider the 

23   bill to be high, and then lay it aside.  That 

24   could be voted on.  And that would allow you, if 

25   you chose, to call the next meeting of the 


                                                               1787

 1   Finance Committee.

 2                SENATOR DeFRANCISCO:   I don't see 

 3   the point of that, because it's not going to save 

 4   any time.  Let's just lay it aside.

 5                ACTING PRESIDENT GRIFFO:   You're 

 6   the floor leader.  We will do whatever you 

 7   request.

 8                SENATOR DeFRANCISCO:   Yes, we'll 

 9   just stand at ease.  

10                It's my understanding that Senator 

11   Gianaris has something to mention here.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Gianaris.

14                SENATOR GIANARIS:   Thank you, 

15   Mr. President.  There will be an immediate 

16   Democratic conference in the conference room 

17   while we await the message.

18                ACTING PRESIDENT GRIFFO:   There 

19   will be an immediate meeting of the Democrat 

20   Conference in the Democrat Conference Room.  

21                The Senate will stand at ease.  

22                (Whereupon, the Senate stood at ease 

23   at 4:42 a.m.)

24                (Whereupon, the Senate reconvened at 

25   5:51 a.m.)


                                                               1788

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Senate will come to order.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, 

 5   Mr. President, there will be an immediate meeting 

 6   of the Finance Committee, where two bills will be 

 7   taken up:  Judiciary and Legislative and the ELFA 

 8   bill.

 9                ACTING PRESIDENT GRIFFO:   There 

10   will be an immediate meeting of the Finance 

11   Committee in Room 332.

12                SENATOR DeFRANCISCO:   And immediate 

13   would be good --

14                ACTING PRESIDENT GRIFFO:   Immediate 

15   meeting of the Finance Committee.  

16                SENATOR DeFRANCISCO:   -- if 

17   everybody follows that, so we can move things 

18   along.

19                ACTING PRESIDENT GRIFFO:   All 

20   members of the Finance Committee, please report 

21   to Room 332.  

22                The Senate stands at ease.

23                (Whereupon, the Senate stood at ease 

24   at 5:52 a.m.)

25                (Whereupon, the Senate reconvened at 


                                                               1789

 1   6:03 a.m.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.

 4                Senator DeFrancisco.  

 5                SENATOR DeFRANCISCO:   Yes, I 

 6   understand there's a report of the Finance 

 7   Committee at the desk.

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a Finance Committee report at the desk.  

10                The Secretary will read.

11                THE SECRETARY:   Senator Young, from 

12   the Committee on Finance, reports the following 

13   bills:  

14                Senate Print 6401A, Senate Budget 

15   Bill, an act making appropriations for the 

16   support of government:  LEGISLATURE AND JUDICIARY 

17   BUDGET; 

18                Senate 6406C, Senate Budget Bill, an 

19   act to amend the Education Law.

20                Both bills reported direct to third 

21   reading.

22                SENATOR DeFRANCISCO:   It's my 

23   understanding that there are messages of 

24   necessity for both.  

25                First of all, you know what I should 


                                                               1790

 1   do, why don't I move to accept the Finance 

 2   Committee report.

 3                (Laughter.)

 4                ACTING PRESIDENT GRIFFO:   Thank 

 5   you.  Thank you.  

 6                There's a motion on the floor to 

 7   accept the Committee on Finance report as read.  

 8   All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT GRIFFO:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT GRIFFO:   The 

13   Finance Committee report is accepted and before 

14   the house.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   520, Senate Budget Bill, Senate Print 6401A, an 

18   act making appropriations for the support of 

19   government:  LEGISLATURE AND JUDICIARY BUDGET.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Is there a 

23   message of necessity at the desk?  

24                ACTING PRESIDENT GRIFFO:   There is 

25   a message from the Governor at the desk.


                                                               1791

 1                SENATOR DeFRANCISCO:   Move to 

 2   accept.

 3                ACTING PRESIDENT GRIFFO:   All in 

 4   favor of accepting the message of necessity of 

 5   the Governor at the desk signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT GRIFFO:   Opposed?  

 8                (No response.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   message is accepted.

11                The Secretary will read the last 

12   section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number.

22                SENATOR DeFRANCISCO:   Could we now 

23   go to 522.  That bill also, I understand, has a 

24   message of necessity at the desk.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1792

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   522, Senate Budget Bill, Senate Print 6406C, an 

 4   act to amend the Education Law.

 5                ACTING PRESIDENT GRIFFO:   There is 

 6   a message of necessity at the desk.  There is a 

 7   motion to accept the message of necessity from 

 8   the Governor.  All in favor signify by saying 

 9   aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   message is accepted.

15                Read the last section.

16                SENATOR GIANARIS:   Lay it aside, 

17   please. 

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is laid aside.

20                The Secretary will ring the bell.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   522, Senate Budget Bill, Senate Print 6406C, an 

24   act to amend the Education Law.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               1793

 1   Latimer.

 2                SENATOR LATIMER:   Thank you, 

 3   Mr. President.  Good morning, Happy April Fools 

 4   Day.  

 5                I have a few questions if the 

 6   Senator will yield.

 7                SENATOR YOUNG:   Yes, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Senator yields.

10                SENATOR LATIMER:   Thank you, 

11   Senator.

12                Senator, can you give us, in the 

13   education area, what the total amount of 

14   Foundation Aid is in this budget before us?

15                SENATOR YOUNG:   Through you, 

16   Mr. President, the total amount of Foundation Aid 

17   is $1,176,135,000.

18                SENATOR LATIMER:   May I ask, would 

19   the Senator yield and just repeat that number 

20   again so I have it accurately?  

21                ACTING PRESIDENT GRIFFO:   Senator, 

22   can you repeat the number?  

23                SENATOR YOUNG:   Yes.  The 

24   Foundation Aid figure is -- 

25                (Pause.)


                                                               1794

 1                SENATOR LATIMER:   Mr. President, if 

 2   I may clarify, the question is specifically 

 3   Foundation Aid, not the total amount.  I just 

 4   want to be sure that I've clearly asked that it 

 5   is the Foundation Aid portion that I'm interested 

 6   in knowing.

 7                SENATOR YOUNG:   So just to clarify, 

 8   Mr. President, the actual total is 

 9   $16,482,951,037.

10                SENATOR LATIMER:   And if the 

11   Senator would continue to yield, through the 

12   President.  

13                SENATOR YOUNG:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   Senator yields.

16                SENATOR LATIMER:   Senator, what 

17   increase is that over the Foundation Aid that was 

18   in the Executive's budget that was presented to 

19   us back in January?  

20                SENATOR YOUNG:   Yes, Mr. President.  

21   It's $360 million over the Governor's proposal.

22                SENATOR LATIMER:   Thank you, 

23   Senator.

24                Mr. President, if the Senator would 

25   continue to yield.


                                                               1795

 1                SENATOR YOUNG:   Yes.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senator yields.

 4                SENATOR LATIMER:   Would you 

 5   identify what the total amount of money in this 

 6   budget is for the purposes of community schools?  

 7                SENATOR YOUNG:   Through you, 

 8   Mr. President, there's $100 million set aside 

 9   under the Foundation Aid and an additional 

10   $75 million in the community schools line.

11                SENATOR LATIMER:   Thank you, 

12   Senator.  

13                If the Senator will continue to 

14   yield, through the President.

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   Senator yields.

18                SENATOR LATIMER:   Thank you.  

19                My understanding of the Executive 

20   Budget that we saw was there was a standalone 

21   allocation of $100 million for community schools.  

22   And if I understand the Senator's response 

23   correctly, that there's $75 million as a separate 

24   set-aside, $25 million less, and the remaining 

25   $100 million is actually coming out of that 


                                                               1796

 1   $360 million of additional Foundation Aid.

 2                Is that a correct understanding of 

 3   what is in this three-way agreement?  

 4                SENATOR YOUNG:   Through you, 

 5   Mr. President, we gave the same amount that the 

 6   Governor had in his proposal for community 

 7   schools, but we just did a set-aside in 

 8   Foundation Aid.

 9                SENATOR LATIMER:   If the Senator 

10   will continue to yield.  The same amount drawn 

11   from a set-aside is not the same as a standalone 

12   amount.  

13                So I want to repeat again, my 

14   understanding is that $100 million that is set 

15   aside out of an additional $360 million is not 

16   the same as a separate $100 million direct 

17   allocation.  I want to make sure that is a clear 

18   understanding of what's been agreed upon.

19                SENATOR YOUNG:   Through you, 

20   Mr. President, the original Executive proposal 

21   was so widely drawn that it could be used for 

22   operating aid.  And what we were able to do is 

23   set it aside so that it could be used for 

24   community schools or operating aid.

25                SENATOR LATIMER:   If the Senator 


                                                               1797

 1   will continue to yield, Mr. President.

 2                SENATOR YOUNG:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Senator yields.  

 5                SENATOR LATIMER:   I'm sorry, 

 6   forgive me.  Senator, what is the amount of money 

 7   in this budget that has been identified for 

 8   Special Acts schools?  Any combination of 4201s 

 9   and 853s and so forth.  

10                SENATOR YOUNG:   Through you, 

11   Mr. President.  Actually, the budget adds 

12   $2.3 million for 4201 schools.  There's no 

13   increase in Special Acts schools.  And there's 

14   $903,000 that was added for the New York State 

15   Schools for the Deaf.

16                SENATOR LATIMER:   Thank you, 

17   Senator.  

18                Would the Senator continue to yield, 

19   through the chair?  Through the President, I'm 

20   sorry.

21                SENATOR YOUNG:   Yes.

22                SENATOR LATIMER:   Can we identify 

23   what is in this budget that relates to the 

24   proposal that was in the Assembly one-house to 

25   delink the APPR approved plans from school aid?  


                                                               1798

 1   The legislation that we passed requires APPR 

 2   approved plans to be in place by September of 

 3   this year or forfeiting school aid, which is a 

 4   significant hit and is part of what we're seeing 

 5   in our runs and in our additional aid.  

 6                What does this budget say about the 

 7   delinkage issue?

 8                SENATOR YOUNG:   Through you, 

 9   Mr. President, that is not included in this 

10   portion of the State Budget.

11                SENATOR LATIMER:   Will the Senator 

12   yield, through the President?  

13                SENATOR YOUNG:   Yes.

14                SENATOR LATIMER:   Thank you.

15                Do we anticipate, in the remaining 

16   sections of the budget that we are to see, that 

17   this issue will be addressed?  Or is the fact 

18   that it is not in this section of the budget the 

19   final word on the matter for this budget?  

20                SENATOR YOUNG:   Through you, 

21   Mr. President, we're not addressing it in the 

22   budget at all.

23                SENATOR LATIMER:   Thank you.  

24                Would the Senator continue to yield?  

25                SENATOR YOUNG:   Yes.


                                                               1799

 1                SENATOR LATIMER:   Would the Senator 

 2   outline what the provisions -- with as much 

 3   dollar specificity as you can -- of what this 

 4   budget does to increase charter school funding?  

 5                SENATOR YOUNG:   Through you, 

 6   Mr. President.  For charter schools there's an 

 7   increase of $54.8 million in grants in aid.  

 8   There's $430 per pupil as well as what's allowed 

 9   in current law, which is supplemental tuition of 

10   $500 per pupil.

11                SENATOR LATIMER:   Thank you, 

12   Senator.  

13                Will the Senator continue to yield, 

14   through the President?  

15                SENATOR YOUNG:   Yes.

16                SENATOR LATIMER:   Thank you, 

17   Senator.  

18                So just to summarize sort of the 

19   major areas, as I understand it, we have 

20   increased Foundation Aid by $360 million over the 

21   Executive's budget but $100 million of that is a 

22   set-aside to deal with community schools.  We 

23   have added $2.3 million for Special Acts schools, 

24   a lesser amount for the Schools for the Deaf, and 

25   not changing -- pardon me, for 4201s, 


                                                               1800

 1   $2.3 million, nothing on Special Acts schools, 

 2   and we have added, for charity schools, 

 3   $54.8 million.  

 4                Is that a correct summary of how 

 5   this budget has expanded over the Executive's?  

 6                SENATOR YOUNG:   It's close, but I 

 7   do want to clarify just one or two points.  

 8                First of all, you said that 

 9   $100 million under Foundation Aid was strictly 

10   for community schools.  Actually, that aid, as I 

11   stated before, is flexible.  And that's at the 

12   request of the education community, who wanted to 

13   have fewer restrictions on the funding, so that 

14   it can be used in the way that's most appropriate 

15   for the needs at hand.  

16                And the second part is GEA.  And the 

17   GEA was -- so through you, Mr. President, the 

18   GEA, as we've talked about, has been eliminated, 

19   at $189 million over the Governor's proposal.

20                SENATOR LATIMER:   And if the 

21   Senator would continue to yield, through the 

22   President.

23                SENATOR YOUNG:   Yes.

24                SENATOR LATIMER:   My understanding 

25   of the GEA restoration, which I fully support, is 


                                                               1801

 1   that the Governor proposed a $189 million 

 2   restoration, and this budget adds $244 million, 

 3   to make a full restoration in this fiscal 

 4   document.  Is that a correct understanding?  

 5                SENATOR YOUNG:   That's correct.

 6                SENATOR LATIMER:   Okay, very good.  

 7                Final question, and I appreciate the 

 8   Senator's forbearance, the proposed education tax 

 9   credit, does this budget finance that or is it 

10   silent on that proposal?  

11                SENATOR YOUNG:   Through you, 

12   Mr. President, it's not included in the budget.

13                SENATOR LATIMER:   Thank you, Madam 

14   Senator.  Thank you, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Espaillat.

17                SENATOR ESPAILLAT:   Thank you, 

18   Mr. President.

19                This is an important budget as it 

20   addresses many important issues, including one 

21   that addresses income inequality in New York 

22   State.  President Franklin D. Roosevelt 

23   instituted for the first time the minimum wage 

24   right in the middle of the greatest -- the worst 

25   depression that we've had in this nation.  And he 


                                                               1802

 1   did so not just to put extra dollars in people's 

 2   pockets, but to also stimulate the economy and to 

 3   give folks the ability to purchase, for the most 

 4   part, emergency items in grocery stores, 

 5   supermarkets, et cetera.  

 6                And so here we are, we're not facing 

 7   that kind of a depression in our nation -- in 

 8   fact, the job growth has been tremendous in the 

 9   last eight years and the economy is doing better.  

10   But there is a serious income inequality.  And 

11   raising the minimum wage, it's an important way 

12   to try to address that.  And this budget allows 

13   for New York City to eventually reach $15 an hour 

14   and for some other areas in the state to reach 

15   $12.50 with an index.  

16                It further includes the minimum wage 

17   for farmworkers.  And you may know that 

18   farmworkers are the only job category in this 

19   state that does not receive all the benefits that 

20   other workers receive, including overtime pay, a 

21   day of rest, the right to organize and 

22   collectively bargain, and workers' compensation.  

23                But this time around, although 

24   handsome benefits were given to the agricultural 

25   industry, we were more sensitive than ever before 


                                                               1803

 1   as a house, and we have included and have not 

 2   carved out those that bring food to our table, 

 3   and have allowed them also to have a piece of the 

 4   pie by getting the minimum wage.

 5                So these are important provisions of 

 6   this budget.  Paid family leave is another great 

 7   provision.  And of course increased education 

 8   funding, particularly for community schools, 

 9   those schools that are shown to have great needs 

10   and challenges academically.  There's also 

11   infrastructure spending that is very important.

12                So this is a good budget.  It has 

13   its holes and challenges, but for the most 

14   part -- I've been here two decades -- this is one 

15   of the best budgets that I've seen.  And for that 

16   reason, Mr. President, I will be voting in the 

17   affirmative.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Stavisky.

20                SENATOR STAVISKY:   Will the Senator 

21   yield for one question?

22                ACTING PRESIDENT GRIFFO:   Does the 

23   Senator yield?

24                SENATOR YOUNG:   Yes.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               1804

 1   Senator yields.

 2                SENATOR STAVISKY:   During the 

 3   debate on the capital budget, you spoke about -- 

 4   I asked about the capital money for CUNY and 

 5   SUNY, and I think you said it was in the ELFA 

 6   budget.

 7                SENATOR YOUNG:   Senator, Aid to 

 8   Localities is what I said.

 9                SENATOR STAVISKY:   Thank you very 

10   much.

11                SENATOR YOUNG:   Thank you.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Díaz.

14                SENATOR DÍAZ:   Good morning, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Buenos 

17   dias.

18                SENATOR DÍAZ:   On the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Díaz on the bill.

21                SENATOR DÍAZ:   But before I say 

22   anything, Mr. President, I would like to express 

23   my appreciation to all the beautiful staff that 

24   since yesterday morning has been around, 

25   waiting -- married women, mothers, husbands.  And 


                                                               1805

 1   they've been around working, without sleeping.  

 2   So I would like to express my appreciation to all 

 3   of them.

 4                On the other hand, Mr. President, in 

 5   the City of New York we have a problem, a problem 

 6   with shelters, homeless shelters.  See, the 

 7   shelters, the landlords in the city, they charge 

 8   sometimes $3,000 per apartment.  It's a business.  

 9   It's a big-racket business in the City of 

10   New York.  But the landlords -- and then the 

11   organizations that run the shelters depends on 

12   the landlords for them to fix the problem.  

13   Sometimes the elevators are broken, the walls are 

14   falling apart.  And then they blame the 

15   organization for problems that are supposed to be 

16   corrected by the landlords.

17                There was a rumor that the beloved 

18   Governor of the State of New York, Andrew Cuomo, 

19   decided to embarrass, to embarrass the mayor of 

20   the City of New York, the Honorable Bill de 

21   Blasio.  The Governor Andrew Cuomo decided that 

22   he's going to take over, a coup, like the one we 

23   give here in 2009.  The coup sought to embarrass 

24   the mayor, he decided to take over and put some 

25   organization to run the shelters when they found 


                                                               1806

 1   something wrong.

 2                But the city, the City of New York 

 3   will pay the money, will pay for everything.  But 

 4   the Governor will get the power to send his 

 5   people to run the shelters that the City of 

 6   New York is paying for.  I have no problem with 

 7   the Governor taking the whole shelters.  I have 

 8   no problem with that.  But the state should pay 

 9   for it, not the City of New York.  

10                But nonetheless, nonetheless, they 

11   told me, no, it's been rejected, nothing happens, 

12   that will not happen.

13                So yesterday morning, Mr. President, 

14   ladies and gentlemen, I was called to the second 

15   floor.  And I was so happy that this black guy 

16   from Puerto Rico, with kinky hair and broken 

17   English, was called to the second floor.  I have 

18   not been in the second floor since Pataki.  

19   Pataki used to be my friend, and Governor Pataki, 

20   I used to go to the second floor.  

21                But I never -- after Pataki, 

22   Mr. President and ladies and gentlemen, I never 

23   been in the second floor because I refuse to be 

24   part of the game.  I refuse to be part of the 

25   lies.  I refuse to be part of the hypocrisy.


                                                               1807

 1                So I never went to the second floor 

 2   with Spitzer, with Paterson.  And in the last 

 3   seven years, with this guy, with Governor Cuomo, 

 4   I have not been to the second floor.  I refused.  

 5                But yesterday, I was invited, I said 

 6   let me go to the second floor.  And I was 

 7   received by a guy by the name Josh.  Josh took me 

 8   to a room to sit down with Mr. Alphonso David.  

 9   And the two of them told me, Mr. David told me, 

10   Senator, don't worry.  What you're worried about, 

11   the takeover is not going, it's not happening.  

12   We are not taking over.  It's not going to be in 

13   the budget.

14                Mr. President and ladies and 

15   gentlemen, I looked to the eyes of Mr. David, a 

16   black guy like me, and I asked him, "Mr. David, 

17   are you assuring me that this is not going -- 

18   because they say that you're trying to stick this 

19   in another way in another part of the budget." 

20   "No, it wouldn't happen, we don't need to do 

21   that.  It won't happen."  

22                "Are you sure?  Mr. David, look at 

23   my face, look at my face and tell me that that 

24   would not happen."  "It will not happen."  

25                "Mr. David, you want to shake my 


                                                               1808

 1   hand and tell me that that will not happen?"  He 

 2   said, "I'm shaking your hand, looking in your 

 3   eye, and it will not happen."

 4                I left the second floor, a black guy 

 5   in victory, happy because I was talking with 

 6   gentlemen, with men of honor, with men of good 

 7   reputation.  So I left.  Suddenly my conference 

 8   talks about and presented me with a budget where 

 9   the takeover is in it.  

10                Then I say, I'm 73 years old.  I'm 

11   an old man.  So, Mr. David, are you lying to an 

12   old man?  So, Mr. David, are you lying to a 

13   Senator?  So, Mr. David, are you lying to a 

14   minister?  Because, Mr. President and ladies and 

15   gentlemen, this game of lying -- he -- he 

16   could -- he -- they are used to it.  They have 

17   called Senator Rivera, they have called Senator 

18   Peralta, Senator Espaillat, and they have 

19   promised, year after year, they have promised 

20   them:  We're going to do the DREAM Act, we're 

21   going to do the DREAM Act.  And then they lied to 

22   them.  

23                But because I'm a minister and 

24   because I'm an old man and a black guy, I said to 

25   me, they are -- they're going to be right with 


                                                               1809

 1   me.

 2                They lied to me.  They looked in my 

 3   face, Mr. Alphonso David looked in my face and 

 4   lied to me.  

 5                I asked of my son -- I always tell 

 6   my son -- my son is the Bronx borough 

 7   president -- I told my son, When you shake hands 

 8   with somebody, you better die because you don't 

 9   break that.  You shake hands, you keep your word, 

10   because that's all you have.

11                And this is all we have.  You give 

12   me your word -- I give you my word that I'm going 

13   to support you, I'm going to do something for 

14   you, I will die but I will keep my word.  

15                And now, ladies and gentlemen, I'm 

16   going to vote for this.  And you know why I'm 

17   voting for this?  Because of the minimum wage.  

18   And because of the family paid leave.  But 

19   because they stick it there, they stick it 

20   there -- smart people.  So they stuck it in 

21   there.  How I could vote no?  

22                So then people want to say, Oh, you 

23   vote no on the minimum wage.  Oh, you're against 

24   the family because you won't -- see, so I cannot, 

25   I cannot vote no.  I have to vote yes.


                                                               1810

 1                But they lied to me.  The Governor's 

 2   office lied to me.  Mr. David and Mr. Josh, they 

 3   lied to me.  And I want all of you to know they 

 4   lied to me.  And I'm going to write a "What You 

 5   Should Know," I'm going to put in "What You 

 6   Should Know" that they lied to me, they lied to 

 7   me, they lied to me.  Lying is a sin, especially 

 8   when you look at people's eyes.  You look at 

 9   people, you give me your hand.  

10                Don't invite me to the second floor.  

11   I don't need to be on the second floor.  I don't 

12   ask for much.  I don't have to go to the second 

13   floor.  I never been to the second floor -- 

14   Pataki was good to me.  The rest have been bad.  

15   But that's okay.  

16                Mr. David, whoever you are and 

17   wherever you are, God hates ugly.  You lied to 

18   me, in my face.  God bless you.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Peralta -- Senator Sanders first, I'm sorry.

22                SENATOR PERALTA:   Thank you, 

23   Mr. President.  Thank you.  

24                SENATOR SANDERS:   I would have 

25   yielded gladly.  


                                                               1811

 1                (Laughter.)

 2                SENATOR SANDERS:   I would not lie, 

 3   Mr. President, if I paid homage to the staff of 

 4   both sides of this aisle.  Both staffs have done 

 5   an amazing job in trying to get a lot of 

 6   information.  

 7                And this reminds me of one of those 

 8   military training exercises where you had to stay 

 9   awake for several days to see what you were made 

10   of.  And I know this, I know that the staff on 

11   both sides have really done an admirable job.  

12   And they've had to stay awake the longest, 

13   putting this information together, so I wanted to 

14   pay homage to that.  

15                I also want to encourage us to find 

16   another way.  Perhaps if we could get this 

17   information sooner to each other, we don't have 

18   to pull incredible marathons as we are doing.  

19   I'm sure that if we were more awake and aware, we 

20   could find even better ways to serve the people 

21   of this great state.

22                This bill itself -- on the bill, of 

23   course, this great bill --

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Sanders is on the bill.


                                                               1812

 1                SENATOR SANDERS:   -- has a lot of 

 2   positive things in here and some challenging 

 3   things.  We still haven't figured out what we 

 4   really want to do with mayoral control.  That's 

 5   going to be the issue of the day.  Family paid 

 6   leave, of course, we have to do something there.  

 7                I want to say something good about 

 8   minimum wage.  On one hand, I would have 

 9   preferred to go straight to $15 an hour, and 

10   let's see what we can do to help the people of 

11   this great state.  However, I understand that 

12   there may be mitigating circumstances in 

13   different places.  So I can understand those 

14   things, but I think that we need to move and move 

15   fast on it because people are hurting in terms of 

16   their wages, and we need to deal with that.

17                Because of that, I'm going to -- 

18   it's not everything that I would like, but I am 

19   going to vote for this bill.

20                Thank you, Mr. President.  And that 

21   you should know.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Peralta.

24                SENATOR PERALTA:   Thank you, 

25   Mr. President.  I really want to thank you for 


                                                               1813

 1   allowing Senator Sanders to go before me.  

 2                But would the sponsor yield for some 

 3   questions?  

 4                SENATOR YOUNG:   That's me.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR YOUNG:   Yes.

 8                SENATOR PERALTA:   Thank you.  

 9                Could the sponsor please indicate 

10   where within the ELFA Article VII bill, this bill 

11   that we're discussing, the DREAM Act is 

12   contained?

13                SENATOR YOUNG:   It's not in the 

14   bill.

15                SENATOR PERALTA:   I'm sure the 

16   sponsor -- through you, Mr. President, would the 

17   sponsor continue to yield?  

18                SENATOR YOUNG:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR PERALTA:   I'm sure the 

22   sponsor is aware that the Governor allocated 

23   $27 million in the original Executive Budget 

24   proposal for the purposes of enacting the 

25   New York State DREAM Act.


                                                               1814

 1                SENATOR YOUNG:   Through you, 

 2   Mr. President.  As I pointed out, it's not in the 

 3   final agreement.

 4                SENATOR PERALTA:   Mr. President, 

 5   will the sponsor continue to yield?  

 6                SENATOR YOUNG:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR PERALTA:   So my question 

10   was that I'm sure that the sponsor is aware of 

11   that the executive included $27 million in the 

12   budget.  Is she aware of that?  

13                SENATOR YOUNG:   Yes.

14                SENATOR PERALTA:   Will the sponsor 

15   continue to yield?  

16                SENATOR YOUNG:   Yes.

17                ACTING PRESIDENT GRIFFO:   The 

18   sponsor yields.

19                SENATOR PERALTA:   Can the sponsor 

20   indicate why the DREAM Act has been removed from 

21   this final budget agreement?  

22                SENATOR YOUNG:   Through you, 

23   Mr. President, as I stated previously, and I'll 

24   state it again, it was not agreed upon in the 

25   final budget.


                                                               1815

 1                SENATOR PERALTA:   If the sponsor 

 2   continues to yield.

 3                SENATOR YOUNG:   Yes.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR PERALTA:   So if the sponsor 

 7   is aware that the Governor included $27 million 

 8   in the budget, or the attempted budget agreement, 

 9   and the Assembly also included $27 million, that 

10   leaves, then, the Senate Republicans disagreeing 

11   on the DREAM Act.

12                SENATOR YOUNG:   Through you, 

13   Mr. President, as I indicated previously, and 

14   I've said several times now, it was not agreed 

15   upon in the final budget.

16                SENATOR PERALTA:   Now, will the 

17   sponsor continue to yield?  

18                SENATOR YOUNG:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR PERALTA:   Now, there was a 

22   proposal that the sponsor's conference pushed 

23   forward to increase the top eligibility from 

24   $80,000 to $100,000 per household in this final 

25   budget.  Did it make it in?  


                                                               1816

 1                SENATOR YOUNG:   Through you, 

 2   Mr. President, no, it did not.

 3                SENATOR PERALTA:   Will the sponsor 

 4   continue to yield?  

 5                SENATOR YOUNG:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR PERALTA:   Is the maximum 

 9   amount of TAP award modified upward as part of 

10   this final budget agreement?  

11                SENATOR YOUNG:   Through you, 

12   Mr. President, no, there's no change.

13                SENATOR PERALTA:   Will the sponsor 

14   continue to yield?  

15                SENATOR YOUNG:   Yes.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR PERALTA:   So the TAP award 

19   stays the same, the income eligibility stays the 

20   same -- from $80,000 to $100,000 -- and yet there 

21   was two sides of the three or out of the four -- 

22   actually, three sides of the four -- that wanted 

23   $27 million for a DREAM Act to be part of the 

24   final budget.

25                SENATOR YOUNG:   So through you, 


                                                               1817

 1   Mr. President, I just want to clarify what the 

 2   Senator is saying.  

 3                There is no increase in eligibility, 

 4   and there is no $80,000 to $100,000 included in 

 5   the budget.  As you know, in our one-house we 

 6   advocated for increasing TAP, but unfortunately 

 7   that was not included in the final agreement.

 8                SENATOR PERALTA:   Would the sponsor 

 9   continue to yield?  

10                SENATOR YOUNG:   Yes.

11                ACTING PRESIDENT GRIFFO:   The 

12   sponsor yields.

13                SENATOR PERALTA:   Would the sponsor 

14   say that we are a country where we punish our 

15   children for the actions of their parents?

16                SENATOR YOUNG:   Through you, 

17   Mr. President, we are considering the bill right 

18   here in front of us.  And I would like to talk 

19   about budgetary items that are actually included 

20   in the bill.

21                SENATOR PERALTA:   Mr. President, I 

22   think I'm getting to a point, and I just want to 

23   ask the question.

24                SENATOR YOUNG:   So through you, 

25   Mr. President, the Senator is very, you know, 


                                                               1818

 1   able to make his point.  I'm going to address the 

 2   budgetary items that are included before us.

 3                SENATOR PERALTA:   Will the sponsor 

 4   continue to yield?  

 5                SENATOR YOUNG:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR PERALTA:   So if the 

 9   Governor agreed to $27 million, if the Assembly 

10   agreed to $27 million, if IDC agreed to 

11   $27 million, why does the sponsor feel that the 

12   DREAM Act is not necessary?

13                SENATOR YOUNG:   Through you, 

14   Mr. President, I've stated several times now that 

15   it was not agreed upon in the final budget.

16                SENATOR PERALTA:   Will the sponsor 

17   continue to yield?  

18                SENATOR YOUNG:   Yes.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR PERALTA:   The sponsor is 

22   aware that the Tuition Assistance Program is an 

23   entitlement program; correct?  

24                SENATOR YOUNG:   Yes.

25                ACTING PRESIDENT GRIFFO:


                                                               1819

 1                SENATOR PERALTA:   Meaning that 

 2   every -- will the sponsor continue to yield?  

 3                SENATOR YOUNG:   Yes.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.  

 6                SENATOR PERALTA:   Meaning that 

 7   everyone, including the undocumented, would have 

 8   to meet current residency and income eligibility 

 9   requirements.

10                SENATOR YOUNG:   Yes.

11                SENATOR PERALTA:   Will the sponsor 

12   continue to yield?  

13                SENATOR YOUNG:   Yes.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR PERALTA:   So if everyone 

17   has to meet these requirements, whether it's 

18   residency and income eligibility, which means 

19   that everyone would have to file a tax return 

20   using a Social Security number or an ITN number, 

21   why wouldn't the DREAM Act be included?  

22                SENATOR YOUNG:   Through you, 

23   Mr. President, they also -- recipients also have 

24   to meet the federal requirements of citizenship 

25   in order to qualify.


                                                               1820

 1                SENATOR PERALTA:   Will the sponsor 

 2   continue to yield?  

 3                SENATOR YOUNG:   Yes.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields.

 6                SENATOR PERALTA:   So is the sponsor 

 7   aware that New York State has in-state tuition 

 8   that includes undocumented children?  

 9                SENATOR YOUNG:   Yes.

10                SENATOR PERALTA:   Is the sponsor 

11   aware -- will the sponsor continue to yield?  

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Díaz, why do you rise?

14                SENATOR DÍAZ:   Mr. President, I 

15   hear my colleague Senator Peralta questioning why 

16   it is that the DREAM Act is not there.  And he 

17   says that the Independent Democratic Conference 

18   and the -- the same way I want to tell my 

19   colleagues that the same way, Mr. President, that 

20   the Governor put the takeover in the budget, he 

21   could have put also the DREAM Act.  

22                So I want -- I want my colleague to 

23   stop blaming that side for the DREAM Act.  

24   Because the same way, the same way that the 

25   Governor put the takeover in the budget, he could 


                                                               1821

 1   have put also the DREAM Act.  

 2                So please let's stop this game, and 

 3   let's stop the blaming game, because the Governor 

 4   is the only one that could have done this, and 

 5   he's the only one that has to be blamed.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Peralta, you have the floor.

 8                SENATOR PERALTA:   Thank you.

 9                ACTING PRESIDENT GRIFFO:   Are you 

10   on the bill or --

11                SENATOR PERALTA:   Well, after that, 

12   on the bill, Mr. President.  

13                (Laughter.)

14                ACTING PRESIDENT GRIFFO:   All 

15   right.  Senator Peralta on the bill.

16                SENATOR PERALTA:   Wow.  I can't 

17   stress enough that there are some things in this 

18   budget that I can describe that are very 

19   positive.  In fact, this could be termed as the 

20   Year of the Worker, and in many respects it's 

21   true.  I am very happy that New York will have a 

22   place or maintain its place as a progressive 

23   leader, as a state that takes gigantic steps 

24   forward on the issues of minimum wage and by 

25   establishing a real paid family leave program.


                                                               1822

 1                New York City will reach a $15 

 2   minimum wage by 2018, Long Island and Westchester 

 3   by 2022.  And upstate New York will also see a 

 4   gradual raise to a $15 minimum wage after 

 5   reaching a wage of $12.50 by 2021.  This spells 

 6   real relief for millions of low-wage-earning 

 7   New Yorkers.

 8                In terms of paid family leave, I'm 

 9   proud to see that this Legislature is finally 

10   passing a program that myself and advocates have 

11   fought so tirelessly to make a reality for years.  

12   Much like the minimum wage proposal, a true 

13   12-week period of paid leave, a two-thirds of an 

14   employee's earnings, means a real chance for all 

15   New Yorkers to attend to the health concerns 

16   facing their families.  

17                As proud as I am of some of these 

18   initiatives, I would be remiss if I did not point 

19   out that an extremely important piece is missing 

20   from this overall ELFA piece.  Another year, 

21   another budget, and again we're failing to act on 

22   passing the DREAM Act.  As much as we're making 

23   progress on the labor front, the majority has 

24   decided to again engage in its intolerant 

25   behavior, year after year, preventing us from 


                                                               1823

 1   making the DREAM Act a reality.  

 2                I've been over the facts before, and 

 3   I'll go over them again.  The Tuition Assistance 

 4   Program is an entitlement program, meaning that 

 5   everyone, including the undocumented, will have 

 6   to meet the current residency and eligibility 

 7   requirements.  Meaning that everyone would have 

 8   to file a tax return, either using a Social 

 9   Security number or an ITN number to qualify.  For 

10   those who don't know, an ITN is used by the 

11   undocumented to file taxes.  That's what's needed 

12   to be eligible.  

13                So as long as a household income is 

14   under $80,000 a year and they met all other 

15   requirements of the standard, then and only then 

16   would they qualify to receive TAP.  

17                It's also a fact that college 

18   graduates would contribute over $16,000 more in 

19   taxes than if they didn't receive a degree, which 

20   means that the state's investment would pay for 

21   itself, and then some, since the maximum 

22   investment of any one individual would only be 

23   about $20,000 for every four years of higher 

24   education.

25                It's also a fact that the majority 


                                                               1824

 1   is wrong when it says that funding TAP for 

 2   undocumented New Yorkers would take money away 

 3   from those who are currently eligible.  This just 

 4   isn't true.  The eligibility criteria are the 

 5   eligibility criteria, period.  

 6                What's more, the Governor originally 

 7   proposed an allocation of $27 million to fund the 

 8   DREAM Act as part of this year's Executive 

 9   Budget.  And if you have all sides minus one side 

10   agreeing, I know that there's no complete 

11   agreement, but there's one side that's not 

12   agreeing.

13                The majority has found more than 

14   $27 million to put towards a series of 

15   appropriations, some of which are questionable.  

16   But that's okay, just as long as the $27 million 

17   doesn't mean TAP and it's for those New Yorkers.  

18                Ladies and gentlemen, New York State 

19   and the Dreamers have really lost out this 

20   morning.  At about 6:45 in the morning, we're 

21   debating this bill and this is in front of us 

22   and, again another year has passed, and the 

23   Dreamers will continue to dream.  But it's okay, 

24   because one day that dream will become a reality 

25   whether the current majority likes it or not.  


                                                               1825

 1                What we have done here again this 

 2   morning is to say that the American dream is not 

 3   for you, even though some of these children are 

 4   the best of the best.  Some of these children 

 5   have come here by no fault of their own.  Their 

 6   parents brought them here.  They didn't decide to 

 7   come here.  They went to school.  They excelled 

 8   in school.  You have top institutions recruiting 

 9   them.  But yet they cannot go to school because 

10   they cannot afford it.   And yet we're telling 

11   them again the answer is no.  That's okay, 

12   because we're not in the majority.  I understand 

13   that.  

14                But we cannot continue to do this to 

15   these people, to these kids who worked hard, 

16   played by the rules, filed their taxes through an 

17   ITN number, and all they want to do is live the 

18   American dream by having a quality higher 

19   education.  And yet again, we've turned them 

20   down.  

21                I'm very disappointed, although 

22   there's so many positive things in this budget, 

23   as my colleague Senator Díaz has pointed out.  I 

24   am not voting against increasing the minimum 

25   wage.  I'm not voting against paid family leave.  


                                                               1826

 1   But I do want it on record that these kids, these 

 2   Dreamers, want a future, want to make a 

 3   difference.  And the only thing standing in their 

 4   way is that they can't afford to go to college.  

 5   They can't afford it.  And the only thing 

 6   stopping them this morning, at 6:45 in the 

 7   morning, is one side not wanting to agree.  

 8                Mr. President, I'll be voting in the 

 9   affirmative on this, and I just want it duly 

10   noted.  

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Rivera.

13                SENATOR RIVERA:   Thank you, 

14   Mr. President.

15                It is about 6:50 a.m.  Good morning 

16   to everyone.  I'll be very brief.  There are many 

17   things in this budget, in this particular bill 

18   we're debating right now, or that we're speaking 

19   on right now, that are very positive and 

20   certainly will have a great positive impact 

21   across the State of New York and to my 

22   constituency.  But I must take a second -- excuse 

23   me -- even with my losing voice, I must take a 

24   second, even with my losing voice, to point out 

25   that this is not the way that democracy should 


                                                               1827

 1   work.

 2                We represent, on this side of the 

 3   aisle, almost half the state as far as 

 4   population.  We did not get to see any of the 

 5   details of this until about two hours ago.  And 

 6   when we looked at it -- and certainly we would 

 7   have done some things differently, but ultimately 

 8   we decided -- well, we would each make our 

 9   decision individually, but I certainly decided 

10   that it is a positive thing for my constituency 

11   and I'll be voting in the affirmative.  

12                But this is not the way that we 

13   should do business here.  It is almost 7:00 a.m. 

14   Many of us have been here sick.  Many of our 

15   staff, as I said -- and I certainly applaud 

16   them -- many of them have not slept for days.  

17   This is not the way to do business here.  We 

18   should not see something just a couple of hours 

19   before that is going to impact the state in such 

20   a very serious manner.  

21                So I will just reiterate that I 

22   would ask my colleagues and certainly other folks 

23   that are responsible for putting all this 

24   together -- I was saying to see some people if 

25   you don't give me a menu and don't allow me to 


                                                               1828

 1   order, then don't put a baloney sandwich in front 

 2   of me and call it steak.

 3                This was a steak sandwich -- maybe 

 4   not a filet mignon -- so I'll be voting in the 

 5   affirmative.  But it should not work like this.  

 6                I'll be voting in the affirmative, 

 7   Mr. President.   Thank you.  

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Panepinto.

10                SENATOR PANEPINTO:   I'm rising to 

11   speak on the bill.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Panepinto on the bill.

14                 SENATOR PANEPINTO:   I'm also 

15   fighting a cold.  I attended my first Fight for 

16   15 rally in May of 2014.  It was in front of the 

17   McDonald's on Niagara Street, on the west side of 

18   Buffalo.  And, you know, I saw a bunch of people 

19   that I hadn't seen in a while.  And it was a new 

20   movement at that time a couple of years ago.  

21   And, you know, activists from around the country 

22   have put the Fight for 15 on the agenda.  And in 

23   that rally I connected with people who I hadn't 

24   seen and we talked about what this meant.  

25                And when I ran for office, I ran on 


                                                               1829

 1   raising the minimum wage, on increasing education 

 2   spending, on paid family leave.  And I'm the 

 3   prime sponsor of the minimum wage in the Senate.  

 4   And last year I stood out here in the hallway 

 5   with Senator Comrie and Senator Hamilton and we 

 6   talked about, you know, cosponsoring that 

 7   legislation and passing it.

 8                So, you know, I'm proud to stand 

 9   here today to vote on this bill at 7 o'clock in 

10   the morning that New York State is going to be 

11   the first state in the country which is going to 

12   raise its wage in New York City to $15 an hour.  

13   And it's really about battling the income 

14   inequality which is the greatest scourge that 

15   faces our society.  You know, if you don't raise 

16   people up and give them an education and give 

17   them a fair wage, you can't expect them to do 

18   better.  

19                So I'm proud that, you know, we're 

20   doing this.  I wish we'd been able to read the 

21   legislation, spend a little more time with it.  

22   But it's a historic day.  It's a historic day 

23   where this body and this state will lead the way 

24   in this country in the Fight for 15.  And I can 

25   look back to that rally that I attended less than 


                                                               1830

 1   two years ago, and we as a state are taking a 

 2   step forward.  

 3                So I'm proud to vote in the 

 4   affirmative for this bill.  Thank you.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hamilton.

 7                SENATOR HAMILTON:   Yes, 

 8   Mr. President.  May the sponsor please yield to a 

 9   question?  

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Young, do you yield?  

12                SENATOR YOUNG:   Yes.

13                ACTING PRESIDENT GRIFFO:   The 

14   Senator yields.

15                SENATOR HAMILTON:   Senator Young, I 

16   just want to say you've been gracious this 

17   evening.  I know it's been a long night.  And I 

18   thank you for answering so many questions.  I 

19   don't know, I think you've been on the floor for 

20   maybe 10 hours now, and hopefully it will be over 

21   soon and we can all go home.  Thank you very 

22   much.  

23                To the bill, Mr. President.

24                SENATOR YOUNG:   Oh, can I sit down?

25                SENATOR HAMILTON:   Yeah, you can 


                                                               1831

 1   sit down.  

 2                (Laughter.)

 3                SENATOR HAMILTON:   That's my 

 4   question.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hamilton on the bill.

 7                SENATOR HAMILTON:   On the bill.  

 8                I just want to say thank you to the 

 9   staff of the Senate Dems.  Louie and Shontell, 

10   within the short period of time of four hours, 

11   they had to digest this voluminous stack of 

12   papers that was given to them for our conference.  

13                I know Senator Sanders said that 

14   hopefully one day we will get this information 

15   ahead of time, not on the day that we have to 

16   vote on a $158 billion budget.  I don't know what 

17   type of democracy we have in this state when we 

18   have to vote on a $158 billion budget given this 

19   stack of information and legislation, which is 

20   not all of it, and vote on it with a clear 

21   conscience.

22                So Senator Sanders said he hopes 

23   that one day it will work out that way -- but 

24   this was done on purpose.  It was done on purpose 

25   to make sure that bills that might be adversely 


                                                               1832

 1   affecting the majority of the people in this 

 2   state will happen, that we won't have the time to 

 3   scrutinize and actually look at and make sure 

 4   that justice prevails for everyone in the State 

 5   of New York and not just for some.

 6                So in this bill, the staff has 

 7   brought to my attention several items that I 

 8   think need to be addressed.  And it's the 

 9   increase to education; I'm happy that's happening 

10   now.  I wish that we would have had the DREAM 

11   Act.  Because the last I checked, everybody in 

12   this room comes from immigrants.  No one's family 

13   was originally here in this country.  

14                So for all of a sudden to say that a 

15   certain group of people now cannot be educated, 

16   when this country was based on taking immigrants 

17   to this country, is a shift that I don't 

18   understand.  But we'll be dealing with it.

19                In my district we have one of the 

20   lowest reading scores in the State of New York.  

21   Hopefully we'll spend more time on educating our 

22   young youth and not sending them to prison.  But 

23   right now New York State is the fifth state in 

24   the country as far as the highest incarceration 

25   rate.  


                                                               1833

 1                I sat here for two years, and I hear 

 2   all the time, rather than having resources to 

 3   keep our kids out of jail, we keep increasing 

 4   penalties, increasing penalties, increasing 

 5   penalties on children that are poor and not given 

 6   an opportunity to raise themselves up and to live 

 7   the American dream in the State of New York.

 8                The Paid Family Leave Act, it's a 

 9   great thing.  Because many of the people who will 

10   benefit are young mothers who are working, 

11   raising their children on their own, single 

12   mothers.  And no mother should have to choose 

13   between taking her child to the hospital or going 

14   to work.  It's hard enough trying to raise a 

15   family on your own as a single parent.  So I'm in 

16   favor of the Paid Family Leave Act.  

17                The minimum wage, as Senator 

18   Panepinto said, the Three Musketeers -- myself, 

19   Leroy Comrie and Marc Panepinto -- stood by 

20   ourselves in the forefront fighting for minimum 

21   wage.  Just think about it.  At $9 an hour, if 

22   you work 40 hours a week, you only bring home 

23   $360.  That's only $1440 per month.  Right now in 

24   Brooklyn, New York, a one-bedroom apartment is 

25   $1500 a month.  So what we're seeing is an 


                                                               1834

 1   explosion of homelessness within the borough, 

 2   within the state.  We had the 421-a, we had the 

 3   most construction going on ever, but still the 

 4   homeless rate rises.  

 5                So now with the minimum wage at $15 

 6   an hour, a person can work 40 hours a week and 

 7   bring home $2040 a month, where people could try 

 8   to live a decent lifestyle, where parents don't 

 9   have to worry about where the next meal is coming 

10   from, and people can have truly affordable 

11   housing.  

12                We still haven't addressed the issue 

13   of affordable housing in this state for many of 

14   our residents in the state.  I know Senator Klein 

15   is trying to work on the Mitchell-Lama program to 

16   have more affordable housing for residents 

17   throughout the state.  But right now we still 

18   haven't defined what's affordable in the State of 

19   New York.  What's affordable to some is not 

20   affordable to many.

21                As I said last year, this state was 

22   incorporated in 1788 but it took 60 years to 1848 

23   where the great women of the State of New York 

24   got together in Seneca Falls and said women 

25   should have the right to vote.  And they kept 


                                                               1835

 1   fighting until 1920, until women got the right to 

 2   vote.  

 3                Here we have a conference where we 

 4   have a woman at the helm of our conference, and 

 5   we still, after 229 years in the State 

 6   Legislature, have not had a woman in charge of 

 7   the Assembly or in the Senate.  And so even 

 8   though we're at the door to having our first 

 9   woman at the table with the three people, she's 

10   still being denied her true place at the table.  

11                So hopefully one day the 8 million 

12   people that we represent will have a voice and we 

13   will not have to vote on a budget of $158 billion 

14   on information that was given to us four hours 

15   before the vote.  It's unconscionable.  This is 

16   not the democratic way.  No one should have to go 

17   through this voluminous amount of material and 

18   have to vote on it.  That's why I have not voted 

19   on any of the bills today, because I didn't have 

20   the time to go through it thoroughly.

21                But I would not vote on this bill, 

22   but I feel that to the women who are suffering, 

23   who are working every day, living in shelters, I 

24   owe it to them.  I owe it to them to say that 

25   you're worth something, you work hard every day, 


                                                               1836

 1   and your children should live the American dream.  

 2                So on this, Mr. President, I vote 

 3   for the young women to have meaningful jobs, I 

 4   vote for the Family Leave Act, to make sure that 

 5   woman don't have to choose between the hospital 

 6   and going to work and their child being sick.  

 7                And I just want to say one more time 

 8   thank you to our staff, who have taken time away 

 9   from their families for days at a time to be here 

10   to make sure that we do the best that we can do 

11   with the information that was given to us on 

12   purpose within a short amount of time.  

13                And I want to thank also our leader 

14   of the Democratic Conference, Andrea 

15   Stewart-Cousins, for standing up for us, for 

16   fighting for us, even though she's been kept out 

17   of the room even though we represent 8 million 

18   people.

19                So, Mr. President, even though I 

20   didn't read the whole bill, based on these items 

21   that I've discussed, I will vote yes.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Comrie.

24                SENATOR COMRIE:   Thank you, 

25   Mr. President.  On the bill.


                                                               1837

 1                I just wanted to take an opportunity 

 2   to thank all of the staff from both sides for 

 3   everything that they've done to get to this point 

 4   in the morning, where it's after 7 o'clock in the 

 5   morning.  This is not my first time being up all 

 6   night to try to get something done, but I can 

 7   tell you it's been one of my most frustrating 

 8   situations trying to make sure that things were 

 9   done democratically.

10                I think that the process, as has 

11   been said by my colleagues, requires a lot of 

12   improvement and lot more transparency to ensure 

13   that we don't have to get to this point.  There 

14   is a lot of opportunities for public discourse, 

15   there's a lot of opportunity for hearings and 

16   full discussion on these matters so that we're 

17   not having to pore through hundreds of pages in a 

18   couple of hours.

19                There are many things that are 

20   positive about this budget, and I will be voting 

21   yes.  But I just have to bring up some issues 

22   that I've spoken about before that I think is a 

23   major problem.  Before I do that, I do want to 

24   congratulate Senator Young for spending hours 

25   trying to answer the questions.  I want to also 


                                                               1838

 1   acknowledge Senator Martins for making sure that 

 2   the VLTs for Nassau County were moved to Resorts.  

 3   I think that's a major positive aspect that will 

 4   ensure that there's no second casino opened up in 

 5   the Elmont area, which is adjacent my district 

 6   and impacts my district directly.

 7                While there are some parts of this 

 8   budget that are very good, there are some parts 

 9   that haven't been settled that truly trouble me.  

10   The issues of mental health in the community and 

11   the ability of the state to address it, I think 

12   there's a major opportunity that was missed.  We 

13   have more people in the community that are going 

14   out and harming people in the streets.  We have 

15   people that are put in inadequate facilities and 

16   now private homes that are impacting communities, 

17   especially such as mine, that has a high rate of 

18   vacant homes where undisciplined providers are 

19   bringing in mental health people because they're 

20   closing the major agencies and providers in this 

21   state that have been caring for long-term mental 

22   health people, people that need help and people 

23   that need assistance.  

24                And it's becoming a real crisis in 

25   the city and throughout the state, where we have 


                                                               1839

 1   people that are mentally ill wandering the 

 2   streets because they're not being taken care of 

 3   adequately.  Closing Bernard Fineson in my 

 4   district and closing other long-term mental 

 5   health facilities are causing this issue, and we 

 6   need to as a state address it and start to turn 

 7   that tide so that we're not putting the mentally 

 8   ill in places where they're not being adequately 

 9   taken care of.  

10                I want to speak to also -- my 

11   colleagues spoke to the DREAM Act.  You know, my 

12   parents, and as other members said, we are all 

13   immigrants to this country.  No one that is here 

14   I know, so far that I've met, has been a person 

15   that was not an immigrant to this country.  And 

16   we understand the need to make sure that their 

17   children get a better opportunity for education.  

18   Not passing the DREAM Act again is something that 

19   we should be able to do as a state, and it's an 

20   embarrassment that that hasn't happened.

21                While this budget has been better 

22   than most, as our members have said, it's still a 

23   problem in many areas.  The issues that -- the 

24   $240 million that was taken out of the CUNY 

25   budget, the monies that we're taking out of the 


                                                               1840

 1   education budget, the monies -- that we still 

 2   haven't addressed an increase in the Summer Youth 

 3   Employment Program, where we have more kids 

 4   wandering the street and looking for an 

 5   opportunity, I think is a major failure in state 

 6   government, especially when we're looking to lock 

 7   up people for every mistake they have, with 

 8   higher penalties -- as opposed to creating a 

 9   pathway to jobs and a pathway to self-esteem by 

10   at least doubling the Summer Youth Employment 

11   Program.  

12                I think that's a major loss and 

13   something that we really have to work hard to get 

14   more people to understand around this state, that 

15   when you give a child a positive start, you can 

16   make sure that that child can have a positive 

17   life and not be out in the street doing more 

18   opiates and over drugs because they're bored and 

19   they don't have something positive to do.  Not 

20   increasing the Summer Youth Employment statewide 

21   is only going to create more young people out 

22   here doing things that they should not be doing 

23   because they're not in a program that will help 

24   them and give them an opportunity to move up in 

25   the world.


                                                               1841

 1                That being said, the process that 

 2   has gotten us here today I think needs to be 

 3   improved.  As a former City Councilmember, we had 

 4   hearings on a difficult issue no matter what the 

 5   issue was, and we had eight- and nine-hour 

 6   hearings to make sure that all sides were heard.  

 7   And we also made sure that there was an 

 8   opportunity for all sides to participate.  

 9                And the fact that that does not 

10   happen here is a constant frustration to me, 

11   because I know that people here are at a better 

12   level of discussion and ability, and not to make 

13   sure that there's transparency just frustrates me 

14   in a body that I know could be democratic and has 

15   been collegial, but yet still we have these 

16   issues where there's not proper discussion.  

17                And we come here today where we're 

18   trying to vote on a 158-plus-billion-dollar 

19   budget, but with minimal discussion to be had on 

20   it.  I think that we can do better.  I think we 

21   all need to work on figuring out a way to make 

22   that happen.  I know that it requires long 

23   meetings and a lot of talking and a lot of 

24   listening, but the body needs to steer 

25   discussions towards substantive solutions on 


                                                               1842

 1   having those long hard discussions to make these 

 2   things happen.

 3                So I'm here today to say that I want 

 4   to congratulate all of those who put positive 

 5   things in the budget.  I think that there's a lot 

 6   of things that we can be working towards to do 

 7   better, and I'm going to be voting aye on this 

 8   budget, Mr. President.  

 9                Thank you very much.

10                ACTING PRESIDENT GRIFFO:   Is there 

11   any other Senator wishing to be heard?

12                Senator DeFrancisco to close.

13                SENATOR DeFRANCISCO:   I wasn't 

14   planning on speaking, but I think it's important 

15   to make a point.  

16                Many speakers thus far have 

17   mentioned many of the deficiencies in the bill -- 

18   things that aren't in there that they would like 

19   to have in there, and things that are in there 

20   that they don't like, but on balance it's 

21   something they should vote for.  I just want to 

22   make it very clear that the minority members of 

23   this house are in that position, and I want you 

24   to know that the majority members of this house 

25   are in the exact position.  


                                                               1843

 1                For example, one of the things that 

 2   many of us want, and many people who have come to 

 3   Albany want, was a tax credit for private or 

 4   parochial schools in order to provide that 

 5   additional education option and to make it 

 6   affordable, especially since that's much cheaper 

 7   than trying to make more public schools to take 

 8   care of those kids.  So many of us are very, very 

 9   disappointed about that.

10                Many of us hate -- not dislike, 

11   hate -- other things that are in the budget that 

12   we believe very strongly are going to hurt the 

13   economy.  

14                But we're all in the same dilemma.  

15   We're all in the same space here, that there's a 

16   bill that has so many things in it and may be 

17   omitting many, many things, that we've all got to 

18   weigh whether the good outweighs the bad.  

19   Because we don't have the choice of voting on 

20   each individual item the way the bill was 

21   presented to all of us.  

22                So I guess the main point I want to 

23   make is that that concern by the minority is not 

24   an exclusive minority concern.  It definitely is 

25   a concern of the majority as well.


                                                               1844

 1                So I guess the point is that 

 2   everybody has to look at this bill and weigh the 

 3   good with the bad and decide what is the best 

 4   thing to do, based upon the bill as it exists, 

 5   and fight the fight another day for those things 

 6   that maybe we can't control in view of the fact 

 7   that it's part of one big bill.

 8                So that's what I wanted to present 

 9   to everyone.  And everyone's got to vote based 

10   upon the good versus the bad and some very ugly.

11                ACTING PRESIDENT GRIFFO:   Seeing 

12   and hearing no other Senator that wishes to be 

13   heard, debate is closed.  

14                The Secretary will ring the bell.

15                SENATOR FLANAGAN:   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Flanagan.

18                SENATOR FLANAGAN:   The Senate's 

19   going to stand at ease.  There will be an 

20   immediate Republican conference.

21                ACTING PRESIDENT GRIFFO:   The 

22   Senate will stand at ease.

23                There's an immediate meeting of the 

24   Republican Conference.  The Senate stands at 

25   ease.


                                                               1845

 1                (Whereupon, the Senate stood at ease 

 2   at 7:12 a.m.)

 3                (Whereupon, the Senate reconvened at 

 4   8:39 a.m.)

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Senate will come to order.

 7                Senator DeFrancisco.

 8                SENATOR DeFRANCISCO:   Would you 

 9   please lay the bill aside that we finished debate 

10   on.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   that debate was closed on will be laid aside.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, we're 

15   just checking to make sure that the last bill we 

16   have to deal with in Finance is in the room, and 

17   the papers are there, because that's what -- I'm 

18   going to ask for a meeting of the Finance 

19   Committee as soon as we know that they're set.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Yes, it's my 

23   understanding, and correct me if I'm wrong, that 

24   the leaders in this chamber would be agreeable to 

25   starting the Finance Committee meeting using a 


                                                               1846

 1   PDF file as opposed to the papers, and have a 

 2   Finance Committee meeting without the stacks of 

 3   documents.  Because we have them electronically, 

 4   and everyone's had a chance to review them.

 5                ACTING PRESIDENT GRIFFO:   I believe 

 6   those accommodations can be made.

 7                SENATE LEADERS:   Agreed.

 8                SENATOR DeFRANCISCO:   Is that 

 9   correct?  That's correct.  They said that's 

10   correct.

11                That being the case, I request an 

12   immediate meeting of the Finance Committee in 

13   Room 332.

14                ACTING PRESIDENT GRIFFO:   There is 

15   an immediate meeting of the Finance Committee in 

16   Room 332.

17                SENATOR DeFRANCISCO:   Thank you.

18                ACTING PRESIDENT GRIFFO:   An 

19   immediate meeting of the Finance Committee in 

20   Room 332.  All members please report to Room 332.

21                The Senate will stand temporarily at 

22   ease.  

23                (Whereupon, the Senate stood at ease 

24   at 8:42 a.m.)

25                (Whereupon, the Senate reconvened at 


                                                               1847

 1   8:56 a.m.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will return to order.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Previously we 

 6   debated Calendar Number 519, and we now -- is it 

 7   true that we have a message of necessity at the 

 8   desk?  

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a message of necessity at the desk.

11                We need to sub first, and then we 

12   can accept the message.

13                SENATOR DeFRANCISCO:   Well, then 

14   why don't you do it?  

15                (Laughter.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will read.  

18                THE SECRETARY:   Senator Young moves 

19   to discharge, from the Committee on Finance, 

20   Assembly Bill Number 9000D and substitute it for 

21   the identical Senate Bill 6400D, Third Reading 

22   Calendar 519.

23                Calendar Number 519, Assembly Budget 

24   Bill, Assembly Print 9000D, an act making 

25   appropriations for the support of government:  


                                                               1848

 1   STATE OPERATIONS BUDGET.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                There is a message of necessity 

 5   before the desk.  All in favor of accepting the 

 6   message of necessity signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT GRIFFO:   Opposed?

 9                (No response.)

10                ACTING PRESIDENT GRIFFO:   The 

11   message is accepted.  

12                And with unanimous consent, the bill 

13   is before the house for a vote, without 

14   objection.

15                The Secretary will read.

16                SENATOR DeFRANCISCO:   Unanimous 

17   consent that it's on a noncontroversial calendar, 

18   so that everybody will be recorded.

19                ACTING PRESIDENT GRIFFO:   Correct.  

20                Read the title again.

21                THE SECRETARY:   Calendar Number 

22   519, Assembly Budget Bill, Assembly Print 9000D, 

23   an act making appropriations for the support of 

24   government:  STATE OPERATIONS BUDGET.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               1849

 1   last section.

 2                THE SECRETARY:   Section 3.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                Senator DeFrancisco.

11                SENATOR DeFRANCISCO:   Do we have a 

12   report from the Finance Committee?  

13                ACTING PRESIDENT GRIFFO:   There is 

14   a Committee of Finance report before the desk.

15                The Secretary will read.

16                THE SECRETARY:   Senator Young, from 

17   the Committee on Finance, reports the following 

18   bills:  

19                Senate Print 6403D, Senate Budget 

20   Bill, an act making appropriations; 

21                And Senate 7159, Senate Budget Bill, 

22   an act to amend the Public Health Law.  

23                All bills reported direct to third 

24   reading.

25                ACTING PRESIDENT GRIFFO:   I'll 


                                                               1850

 1   entertain a motion to accept.

 2                SENATOR DeFRANCISCO:   Yes, I will 

 3   move to accept.

 4                ACTING PRESIDENT GRIFFO:   All in 

 5   favor of accepting the Committee on Finance 

 6   report signify by saying aye.  

 7                (Response of "Aye.")

 8                ACTING PRESIDENT GRIFFO:   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT GRIFFO:   The 

11   report is accepted and before the house.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   Would you 

14   call the first bill on controversial.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   521, Senate Budget Bill, Senate Print 6403D, an 

19   act making appropriations:  AID TO LOCALITIES 

20   BUDGET.

21                SENATOR DeFRANCISCO:   Is there a 

22   message of necessity at the desk?

23                ACTING PRESIDENT GRIFFO:   There is 

24   a message of necessity at the desk.

25                SENATOR DeFRANCISCO:   I would move 


                                                               1851

 1   to accept the message of necessity.  

 2                ACTING PRESIDENT GRIFFO:   A motion 

 3   has been made.  All in favor of accepting the 

 4   message of necessity of the Governor please 

 5   signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT GRIFFO:   Opposed?  

 8                (No response.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   message is accepted, and the bill is before the 

11   house.

12                Read the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                SENATOR DeFRANCISCO:   I now request 

22   that you read the other bill that was just 

23   reported out of Finance.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   DeFrancisco, we have to pause momentarily because 


                                                               1852

 1   the Journal Clerk is preparing the jacket.

 2                (Pause.)

 3                SENATOR DeFRANCISCO:   Anybody have 

 4   any good jokes?  

 5                (Laughter.)

 6                SENATOR DeFRANCISCO:   

 7   Mr. President, can I be recognized?

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco, you may. 

10                SENATOR DeFRANCISCO:   The oldest 

11   member of the Senate is here, he's 88 years old.  

12   He looks fresher than anybody.

13                (Standing ovation for Senator 

14   Larkin.)

15                ACTING PRESIDENT GRIFFO:   Very 

16   young at heart.  

17                Jackets are required in the chamber, 

18   as you know, Senator DeFrancisco, so we're close.

19                (Pause.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco -- may I have some order (gaveling).

22                Senator DeFrancisco, we do have the 

23   jacket here on Calendar Number 523, Bill 7159, 

24   for all of you.  It's Calendar Number 523, Senate 

25   7159.


                                                               1853

 1                SENATOR DeFRANCISCO:   And this is 

 2   the chapter amendment that was just reported out 

 3   of Finance; correct?

 4                ACTING PRESIDENT GRIFFO:   Correct.  

 5   It is before the house.

 6                SENATOR DeFRANCISCO:   And do you 

 7   have a message of necessity?  

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read first.

10                SENATOR DeFRANCISCO:   Okay.

11                THE SECRETARY:   Calendar Number 

12   523, Senate Budget Bill, Senate Print 7159, an 

13   act to amend the Public Health Law.

14                SENATOR DeFRANCISCO:   Do you have a 

15   message of necessity?  

16                ACTING PRESIDENT GRIFFO:   There is 

17   a message of necessity at the desk.

18                SENATOR DeFRANCISCO:   Move to 

19   accept.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor of accepting the Governor's message of 

22   necessity indicate by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?  

25                (No response.)


                                                               1854

 1                ACTING PRESIDENT GRIFFO:   The 

 2   message is accepted.  The bill is before the 

 3   house.  

 4                The Secretary will read the last 

 5   section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect on the same date as Part K 

 8   of a chapter of the Laws of 2016.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 62.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                SENATOR DeFRANCISCO:   I believe we 

16   have one last bill that we debated, which is the 

17   ELFA --

18                ACTING PRESIDENT GRIFFO:   Calendar 

19   522.

20                SENATOR DeFRANCISCO:   Calendar 522.  

21                One moment.  One moment, please.

22                (Pause.)

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco.

25                SENATOR DeFRANCISCO:   Please call 


                                                               1855

 1   the roll.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   522, Senate Budget Bill, Senate Print 6406C, an 

 6   act to amend the Education Law.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, just for 

10   the record, we have an agreement among the 

11   leaders that we're going to leave the roll call 

12   open, because I think there's a couple of people 

13   that are not presently here -- rather than 

14   waiting for them -- but will be here today, very 

15   soon.  Okay.

16                ACTING PRESIDENT GRIFFO:   We also 

17   have a couple of explanations of votes.

18                SENATOR DeFRANCISCO:   We're going 

19   to revisit that.  We will wait for them unless 

20   there's another announcement.

21                ACTING PRESIDENT GRIFFO:   We do 

22   have a number of members who want to explain 

23   votes.  If we could just call it and begin the 

24   explanation and take some time, if that would be 

25   acceptable to everyone.  


                                                               1856

 1                SENATOR DeFRANCISCO:   That would be 

 2   an excellent idea.  Not only acceptable, but an 

 3   excellent idea.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Addabbo to explain his vote.

13                SENATOR ADDABBO:   Thank you, 

14   Mr. President.  It would be my pleasure to kill 

15   some time.  

16                (Laughter.)

17                SENATOR ADDABBO:   Thank you, 

18   Mr. President.

19                I want to thank my leader, Senator 

20   Stewart-Cousins, Majority Leader Senator 

21   Flanagan, Independent Democratic Conference 

22   Leader Jeff Klein, all the staff, and the 

23   Governor, for their efforts on paid family leave.  

24                Whenever I advocated for paid family 

25   leave or spoke about it, I always spoke about it 


                                                               1857

 1   in terms of not if, but when for our state.  

 2   There was such momentum for this issue, both 

 3   nationally and in our state, that you could not 

 4   help but think about it's not a question of if, 

 5   but a question of when.  And frankly, I would 

 6   wish the "when" was closer than 2018 -- but 

 7   nevertheless, we are taking a great step in the 

 8   right direction.  

 9                I also want to thank the advocates 

10   statewide.  Because of them, there was that 

11   momentum in our state.  And because of them, soon 

12   employees will be able to take a maximum of 

13   12 weeks to watch over a child or to watch an ill 

14   one, a loved one, or to take preparations for 

15   military leave, all without financial burdens, 

16   financial hardships, or to lose their job.  So 

17   truly, paid family leave has us balance the home 

18   front and the work front.  

19                Businesses too will benefit from 

20   paid family leave.  They will retain a very loyal 

21   and productive employee and have no financial 

22   burden on the businesses.  

23                So with the enactment of paid family 

24   leave, all our workers throughout the state, all 

25   our businesses will get to experience the 


                                                               1858

 1   benefits of paid family leave, a benefit that has 

 2   been experienced by businesses and workers in 

 3   other states -- in California and Rhode Island 

 4   and New Jersey.  So today New York joins those 

 5   states and takes a greater step toward paid 

 6   family leave.  

 7                Mr. President, I'll be voting in the 

 8   affirmative.  Thank you very much.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Addabbo to be recorded in the affirmative.

11                Senator Díaz to explain his vote.

12                SENATOR DÍAZ:   Thank you, 

13   Mr. President.

14                This morning at 6 a.m. I spoke about 

15   this bill and also I congratulated all the staff 

16   that has spent the whole night here, doing their 

17   job -- husbands, wives, mothers.  So I 

18   congratulate all of them.

19                And this morning, at 6 a.m. this 

20   morning, I told you, Mr. President, about an 

21   incident that I was called to the second floor.  

22   And I told you that I had not been in the second 

23   floor since Governor Pataki.  Governor Pataki 

24   used to invite me to the second floor.  But since 

25   Pataki left, I have never been in the second 


                                                               1859

 1   floor -- not with Spitzer, not with Paterson, and 

 2   not in these seven years with Governor Andrew 

 3   Cuomo.  

 4                But yesterday I was invited to the 

 5   second floor.  And I went to the second floor 

 6   because they were trying to explain me about a 

 7   takeover of the city -- the city homeless 

 8   shelters.  And I met there a guy by the name 

 9   Josh, and then he took me to Mr. -- what was his 

10   name?  Who?  Alphonso David.  

11                So I met with them, and Mr. Alphonso 

12   David, Mr. Alphonso David promised me and told me 

13   that the takeover of the New York City homeless 

14   shelters would not be included.  Because someone 

15   told me that they were trying to stick it in in 

16   another bill so nobody noticed.  So he's going, 

17   no, it will not happen, it will not be there, 

18   Mr. President.

19                So I asked him to look at my face 

20   and to tell me straight to my face that the bill 

21   would not be included.  He looked at my face, he 

22   shook my hand, and he told me it would not be 

23   included.  

24                Surprise, surprise.  The bill is 

25   included -- the thing is included in this bill, 


                                                               1860

 1   the takeover.  And they put it in a way that -- 

 2   they include it with a bill that includes the 

 3   minimum wage and the family leave.  And of course 

 4   I cannot vote no against the minimum wage.  I 

 5   cannot vote no against the family leave.  But -- 

 6   I'm voting yes, Mr. President, but ladies and 

 7   gentlemen, I want all of you to know that I was 

 8   called to the second floor and Mr. -- what was 

 9   it?

10                SENATOR PERALTA:   Alphonso David.

11                (Laughter.)

12                SENATOR DIAZ:   -- Alphonso David, 

13   he lied to me.  He lied to me straight to my 

14   face.  See, sometimes they -- every year they 

15   come, Gustavo Rivera, Peralta, they call Moya, 

16   Assemblyman Moya, and -- and --

17                SENATOR ESPAILLAT:   Espaillat.

18                SENATOR DIAZ:   -- Espaillat, 

19   because they have been fighting for the -- they 

20   have been fighting for many years, they have been 

21   fighting for the -- for the DREAM Act.  So every 

22   year they have been promised that the DREAM Act 

23   will be included, and they lied to them.  And 

24   they -- I never thought they were going to lie to 

25   me.  I'm an old man, 73 years old, a minister, a 


                                                               1861

 1   pastor.  So I said, No, they -- they -- I don't 

 2   believe that.

 3                But, Mr. Chairman and ladies and 

 4   gentlemen, the second floor lied to me straight 

 5   to my face.  And God hates ugly.  That's not 

 6   good, Mr. David.  You shouldn't do that.  When 

 7   you shake somebody's hand, you have to comply 

 8   with what you said.  Otherwise, never shake 

 9   people's hands.  

10                So I'm voting yes, with regret -- 

11   not for the minimum wage, but because the 

12   takeover of the New York City homeless shelters 

13   is there, and now the City of New York will be 

14   paying, putting the money, and the Governor could 

15   take over and send his people to run the shelter 

16   while the city is the one to pay.

17                This is because of the fight that 

18   the Governor and the city's Mayor are having, and 

19   this is to embarrass, to embarrass City Mayor 

20   Bill de Blasio.

21                And this I have to say because the 

22   ones in the middle, the ones suffering, are the 

23   needy, the poor, the needy, and the homeless.  

24                Oh, you want me to be quiet?  And 

25   you told me that we could kill time.


                                                               1862

 1                ACTING PRESIDENT GRIFFO:   We gave 

 2   you a lot of time, Senator Díaz.  So if you can 

 3   conclude, thank you.

 4                SENATOR DÍAZ:   Thank you, 

 5   Mr. President.  Mr. President, thank you very 

 6   much.  Your father is a nice guy.  He love me.  

 7   Tell him that I love him.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you.

10                SENATOR DÍAZ:   And remember, the 

11   second floor lied to me.  Thank you very much.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Díaz to be recorded in the affirmative.

14                Senator Savino to explain her vote.

15                SENATOR SAVINO:   Thank you, 

16   Mr. President.

17                I will try and do this in the two 

18   minutes that is allotted for explaining our vote.  

19                It has been said many times tonight 

20   that this is an historic budget that has a lot of 

21   really good things for a lot of really good 

22   people.  And it's not often that we get to make 

23   profound change in the lives of New Yorkers, and 

24   we actually are doing that tonight.  

25                I do want to say one thing about a 


                                                               1863

 1   particular issue that I have been advocating for 

 2   since I first got elected.  Senator Addabbo 

 3   briefly touched on it.  And those of you who have 

 4   served with me for the past 11 years know that on 

 5   an issue, when I think it's important, I can be 

 6   somewhat relentless.  Say it ain't so, as Senator 

 7   Parker said.  

 8                But even I sometimes fall short.  I 

 9   have been advocating for paid family leave in one 

10   way, shape or form since I first got elected.  I 

11   have carried a bill in one way, shape or form for 

12   almost every year I have been here.  But even I, 

13   as persuasive as I can be, have never been able 

14   to move the bill.  

15                And that bill is a reality tonight 

16   because someone else took the bill from me and 

17   decided to make it his own.  And that person is 

18   Senator Jeff Klein.  He took it, and he said "I'm 

19   going to make it happen."  And we are here 

20   tonight passing paid family leave because he took 

21   the issue from me, he was able to convince the 

22   Governor it was the right thing to do, he was 

23   able to make you all understand it was the right 

24   thing to do, and tonight we are passing paid 

25   family leave.  And we are going to have the best 


                                                               1864

 1   paid family leave in the country, and that is 

 2   because of the advocacy of Senator Jeff Klein.  

 3                Thank you.  

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Savino to be recorded in the affirmative.

 6                Senator Golden to explain his vote.

 7                SENATOR GOLDEN:   Thank you, 

 8   Mr. President.  I too will be brief.  

 9                This is a good bill for education, 

10   economic development, and obviously we did the 

11   minimum wage.  There are different timelines 

12   across the State of New York.  On the timeline in 

13   the City of New York, it's two and a half years.  

14   And then of course we have the -- going into the 

15   fourth year, we have -- with businesses with 10 

16   or under, we'll have an extension, and there will 

17   be an economic study for that group.  

18                But there's no economic study for 

19   that group that's in the two-and-a-half-year 

20   period.  So we as a legislative body have to keep 

21   an eye on the City of New York, we have to see 

22   the economic impact on the employment factor as 

23   well as the businesses themselves as we move 

24   forward, to make sure that we as a legislative 

25   body did the right thing for those businesses and 


                                                               1865

 1   for the people in the City of New York.

 2                I vote aye, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Golden to be recorded in the affirmative.

 5                Senator Stewart-Cousins.

 6                SENATOR STEWART-COUSINS:   Thank 

 7   you, Mr. President.  To explain my vote.

 8                First, obviously, I want to thank 

 9   the staff who's worked so hard to, you know, get 

10   us to this point.  As well as my conference, who, 

11   you know, under great duress, have stayed the 

12   course.  

13                I'm not supposed to make a speech 

14   because I'm explaining my vote, but I do want to 

15   thank the legislative leaders.  Thank you, 

16   Senator Flanagan, for the cooperation that we've 

17   had during this, and Senator Klein -- and 

18   congratulations to you on this momentous 

19   occasion.  

20                I want to give a shout out to the 

21   Assembly Speaker as well, who was extremely 

22   helpful in this process.  

23                And a special congratulations to 

24   you, Senator Addabbo, who also was just so 

25   relentless in terms of making sure that paid 


                                                               1866

 1   family leave was a part of our everyday thought 

 2   pattern.  And when we advocate, we advocated for 

 3   paid family leave, for minimum wage -- I won't 

 4   tell the story because we all know it, certainly 

 5   in this conference, of how since we began this 

 6   paid family leave and certainly the minimum wage 

 7   march, we knew that we could lift millions out of 

 8   poverty if we just stayed focused.

 9                There's not a lot of things that are 

10   worth working 12 hours straight from, you know, 

11   early in the morning and then doing these bills 

12   from 8:00 in the evening till 8:00 in the 

13   morning.  But what happened today, with paid 

14   family leave, with raising the minimum wage, I 

15   would say is worth it.  

16                This is a historic budget.  We've 

17   talked about the ups, we've talked about the 

18   downs.  But the reality is that when we create 

19   this kind of history for so many people whose 

20   lives will be significantly changed, it is a good 

21   day even if it's a very, very long day.

22                So again, congratulations.  I vote 

23   aye.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Stewart-Cousins to be recorded in the 


                                                               1867

 1   affirmative.

 2                Senator Klein.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.  

 5                I also want to thank my colleagues 

 6   in the Democratic Conference, the Republican 

 7   Conference, of course the Independent Democratic 

 8   Conference.  We've advocated for paid family 

 9   leave for a long time.  And I think today all of 

10   us in the State Senate can be very, very proud 

11   that we finally got it accomplished.

12                I think we sent a very important 

13   message, because no one should have to choose 

14   between what their heart tells them to do and 

15   what their bank account allows them to do.  

16   Bonding with a newborn is a sacred time.  Taking 

17   care of an elderly loved one or a sick child is 

18   our duty as a family member.  And unfortunately, 

19   the workers in New York State did not have that 

20   opportunity until today.  And this is something 

21   that is extremely important.  

22                And I think it goes without saying 

23   that we were able to craft a bill that I think 

24   shows that will not be a burden on business, a 

25   small amount of money is coming out of the 


                                                               1868

 1   employee's paycheck, going into a fund.  We also 

 2   have a measure to make sure that we actually make 

 3   sure the fund is fiscally solvent so we're not 

 4   putting any burden or promising people something 

 5   we can't afford.  

 6                So I think, all in all, while other 

 7   states were able to accomplish six weeks of paid 

 8   family leave, we start at eight weeks, we go to 

 9   10 weeks, and then we move on to 12 weeks.  

10                So we can be very, very proud that 

11   New York State, the Empire State, finally 

12   accomplished I believe the best paid family leave 

13   program in the nation.

14                I also want to say my thank yous.  

15   And I think, you know, we hear a lot about, you 

16   know, politics now and we hear a lot about what's 

17   going on throughout the nation and New York 

18   State.  And we always ask ourselves questions, I 

19   think it's both sides of the aisle -- Republicans 

20   will ask the questions as well as Democrats:  Why 

21   are people so angry?  Why are they upset?  Well, 

22   I think the reason why they're upset is because 

23   they hear the same thing from both of us:  We're 

24   going to lower your taxes, we're going to raise 

25   your wages, we're going to make life better for 


                                                               1869

 1   you.  

 2                Well, you want to know something?  I 

 3   think we sent a very important message.  Because 

 4   I think New York working families have empty 

 5   pockets and they're sick and tired of hearing 

 6   empty promises.  And I think what we showed today 

 7   was we can take a balanced approach to governing.  

 8   We can have the largest middle-class tax cut in 

 9   our state's history.  We can do paid family 

10   leave.  We can take a very positive, balanced 

11   regional approach to raising the minimum wage.  

12                And I think that's what governing is 

13   all about.  And I think all of us can go back to 

14   our districts in our own way and explain what 

15   we've accomplished.  

16                But I really want to say a very 

17   special thank you also to Senator Cousins.  But 

18   most of all I want to say a very special thank 

19   you to the Majority Leader, John Flanagan.  

20                I've had the opportunity to spend a 

21   lot of time with John over the last month.  A lot 

22   of negotiation, a lot of talk.  But you know 

23   something?  He never forgot what his role is.  

24   Not only as spokesman for the members of the 

25   Republican Conference, but also spokesperson for 


                                                               1870

 1   each and every one of us.  And I think the 

 2   balancing act that he did, and his tenacity in 

 3   making sure that we have a budget that is really 

 4   right for all New Yorkers, is something we all 

 5   should be proud of.  And I want to thank John 

 6   because I value him as a colleague, but most of 

 7   all a friend.

 8                I also want to say thank you to the 

 9   staff.  This is a grueling process.  I don't know 

10   why they do it each and every year.  It seems to 

11   get worse and worse, running around on very 

12   little sleep.  Some people have been up 48 hours; 

13   I know my staff is straight.  And I want to thank 

14   them.  

15                I want to thank my chief of staff, 

16   John Emrick; my policy director, Dana Carotenuto; 

17   my counsel, Shelley Andrews; my director of 

18   finance, Francesc Marti; my deputy director of 

19   finance, Sarah Bangs; and my finance counsel, 

20   Greg Pratt.  

21                I also want to say a very special 

22   thank you to the members who I think always keep 

23   their eye on the ball as well, the members of the 

24   IDC:  Senators Savino, Avella, Carlucci and 

25   Valesky.  Each one of them can be very proud 


                                                               1871

 1   because they all were able to get a very 

 2   important portion of this budget, which is not 

 3   only right for their constituents but right for 

 4   the State of New York.

 5                I also want to say a very special 

 6   thank you to the staff, the Republican Majority 

 7   staff.  I've also had the opportunity to spend a 

 8   lot of time with a very smart, tenacious young 

 9   woman named Beth Garvey.  And I think the success 

10   of this budget in making sure it all came 

11   together, especially on paid family leave, with 

12   Dana and Beth, there was no way we weren't going 

13   to get it done.  

14                I thank you, Beth, and I thank you 

15   each and every one of you.  And I hope you enjoy 

16   the brief time off we'll have without each other.

17                Thank you.  I vote yes.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Klein to be recorded in the affirmative.

20                Senator Flanagan.

21                SENATOR FLANAGAN:   Thank you, 

22   Mr. President.

23                And I'm not sure -- I was listening 

24   to Diane talk about what a good evening, good 

25   morning -- I feel like Speaker Heastie; I'm not 


                                                               1872

 1   even sure what day of the week it is.  

 2                (Laughter.)

 3                SENATOR FLANAGAN:   I just know 

 4   that, you know, we're at some point in that 

 5   24-hour cycle.  

 6                And I have a number of things to say 

 7   that I would like to do quickly, concisely, so 

 8   everyone can get on the road and get home safe.  

 9                To our President, to our presiding 

10   Senator up there, Senator Griffo, awesome, always 

11   doing a great job, and the entire staff up at the 

12   desk.  

13                Down here on the floor, Lisa is 

14   excellent.  She is a model of diplomacy, 

15   extraordinarily capable attorney, does excellent 

16   work with and on behalf of our conference.  

17                To our new chair of the Finance 

18   Committee who spent more time on her feet than I 

19   think anyone can -- well, DeFran used to spend a 

20   lot of time on his feet.  But Senator Young did a 

21   fantastic job in terms of the budget.  And kudos 

22   go out to Mike Paoli, the entire Senate Finance 

23   staff.  

24                And I'm just looking at this thing, 

25   kind of -- Shawn MacKinnon -- everyone in this 


                                                               1873

 1   room, this is one of my favorite things in the 

 2   budget, absolute favorites, next year we never 

 3   have to talk about GEA again.  It's gone.  It's 

 4   gone.

 5                (Applause.)

 6                SENATOR FLANAGAN:   I'm sure we'll 

 7   find plenty of other things to talk about.  But 

 8   we did some really good work.  

 9                So Senator Young.  John DeFrancisco 

10   has been an excellent floor leader, helpful in so 

11   many different ways, both internally, externally.  

12                And, you know, we go back and forth 

13   with our colleagues.  To Senator Stewart-Cousins, 

14   she and I have developed a very nice working 

15   relationship, a good one.  And yet I felt badly 

16   that we didn't have the proper time to do some of 

17   the things we needed to and give everybody a 

18   little bit of a break.  So thank you very much 

19   for your patience.  

20                Certainly Senator Gianaris does 

21   excellent work on behalf of the Senate Democratic 

22   Conference.  And the good news is that pretty 

23   much all the time, he and DeFran get along.  We 

24   were all a little worried about that, but it 

25   seems to be working out pretty well.


                                                               1874

 1                (Laughter.)

 2                SENATOR FLANAGAN:   And to all the 

 3   members of the IDC, Jeff was absolutely right 

 4   about a number of things.  When I think about 

 5   paid family leave, he's actually the person that 

 6   I think about the most in terms of his advocacy 

 7   long before it was in vogue.  

 8                And yes, we have developed a close 

 9   working relationship, which is helpful and 

10   beneficial to the people, I think, of the State 

11   of New York.  

12                So in terms of what we have 

13   accomplished, we set out with certain goals, many 

14   of which have been met.  And yet I know we have 

15   more work to be done.  

16                And before -- I don't want to make a 

17   grievous error.  I want to thank our entire 

18   staff.  Some of them are propped up against the 

19   walls just so they can stay awake.  But our 

20   entire staff in every component, and certainly 

21   our counsel's office.  

22                And this is my first real budget as 

23   the leader, and I know it worked out well because 

24   Beth Garvey has been unbelievable.  So talented, 

25   so smart, so knowledgeable.  Knows when to push 


                                                               1875

 1   forward, pull back.  And that inures, I think, to 

 2   the benefit of everybody here and people across 

 3   the State of New York.

 4                (Applause.)

 5                SENATOR FLANAGAN:   I don't think 

 6   she's slept in four days.  

 7                But in terms of what we did 

 8   accomplish, you know, we stayed within the 

 9   spending cap.  That's very important, akin to the 

10   property tax cap.  That saves taxpayers, while 

11   we're still making strong investments.  Record 

12   increase in aid to education, elimination of the 

13   GEA, almost record growth in Foundation Aid, 

14   equitability and fair distribution across the 

15   entire State of New York.  

16                Things like $300 million in the 

17   Environmental Protection Fund -- more clean 

18   water, clean air projects, hundreds of millions 

19   of dollars that heretofore were not part of the 

20   mix.  All good environmental stuff, all 

21   quality-of-life stuff that are important to 

22   people throughout the entire state.

23                Senator LaValle.  An ardent 

24   proponent of college affordability, as are all of 

25   our colleagues, both sides of the aisle.  But he 


                                                               1876

 1   has been an unrelenting champion for higher ed.  

 2   That's why you see, you know, a billion dollars 

 3   in the TAP program and things like that.

 4                Taxes.  And I'm going to go to paid 

 5   family leave.  That's a big win, it's real, it's 

 6   palpable, and that's going to make a difference 

 7   in people's lives.  

 8                Transportation parity.  Senator 

 9   Robach, we got transportation parity done because 

10   it was very important to the members of our 

11   conference.  I think that's an excellent, 

12   excellent economic development tool, and it is 

13   going to be very, very beneficial to the driving 

14   public, it's going to be good for creating jobs 

15   as well.  And frankly, it is long overdue.  

16                And we got a tax cut.  We talked 

17   about taxes.  As part of the package that we put 

18   together today, there is a billion-dollar 

19   middle-class tax cut, which I think is 

20   extraordinarily important.  

21                So I'm going to leave with this 

22   focus.  I think we took care of working men and 

23   women across the state.  I think we focused on 

24   real working people and tried to find ways to 

25   help them.  Now we have other work that we need 


                                                               1877

 1   to do.  All of us are going to take a brief 

 2   respite, and we're going to come back and there's 

 3   going to be a lot of other legislative 

 4   priorities.  So I know there are things that we 

 5   have to pay attention to.  

 6                But I really want to express my 

 7   gratitude to everyone.  It is still a privilege 

 8   to serve as an elected official in the New York 

 9   State Senate.  We should never forget that.  We 

10   should be proud of the work that we do, stand up 

11   for what's important, and take credit for a lot 

12   of the good things that we do.  And we're able to 

13   do that because we work with very, very good 

14   people.  

15                So please, everybody, travel safely, 

16   have an excellent weekend, and thank you all for 

17   your terrific efforts.

18                (Applause.)

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Flanagan to be recorded in the affirmative.  

21                Announce the results.

22                SENATOR FLANAGAN:   I vote in the 

23   affirmative.  

24                THE SECRETARY:   Ayes, 61.  Nays, 1.  

25   Senator Felder recorded in the negative.


                                                               1878

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Senator DeFrancisco.  

 4                SENATOR DeFRANCISCO:   Is there any 

 5   further business at the desk?

 6                ACTING PRESIDENT GRIFFO:   There is 

 7   no further business before the desk.

 8                SENATOR DeFRANCISCO:   There being 

 9   no further business, I move we adjourn until 

10   Monday, April 4th, at 3:00 p.m., intervening days 

11   being legislative days.

12                ACTING PRESIDENT GRIFFO:   The 

13   Senate will stand adjourned until Monday, 

14   April 4th, at 3:00 p.m., intervening days being 

15   legislative days.  

16                The Senate stands adjourned.

17                (Whereupon, at 9:38 a.m., the Senate 

18   adjourned.)

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