Wednesday, March 29, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 29, 2006 11 12:19 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 28, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 27, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 there are three resolutions at the desk -- 10 4308, 4309, and 4310 -- by Senator Saland. 11 Could we have the titles read and move for 12 their immediate adoption, please. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: By Senator 16 Saland, Legislative Resolution Number 4308, 17 honoring Karen T. Hansen upon the occasion of 18 her designation for special recognition by the 19 Dutchess-Ulster Division of the American Heart 20 Association. 21 By Senator Saland, Legislative 22 Resolution Number 4309, honoring Lewis C. 23 Kirschner upon the occasion of his designation 24 for special recognition by the Dutchess-Ulster 25 Division of the American Heart Association.

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(518) 371-8910 1 And by Senator Saland, Legislative 2 Resolution Number 4310, commending outgoing 3 president Eugene Browning upon the occasion of 4 his designation for special recognition after 5 many years of dedicated service to the 6 Columbia County Volunteer Firefighters 7 Association. 8 THE PRESIDENT: All in favor of 9 the resolutions please signify by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The resolutions 14 are all adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 if we could go to the noncontroversial reading 18 of the calendar. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 536, by Senator Meier, Senate Print 2313, an 23 act to amend General Municipal Law, in 24 relation to allowing school districts. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 52. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 538, by Senator Maziarz, Senate Print 3691, an 11 act to amend the Real Property Tax Law, in 12 relation to small claims. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 52. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 540, by Senator Trunzo, Senate Print 4140, an 24 act authorizing the assessor of the Town of 25 Islip to accept an application.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 52. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 551, by Senator LaValle, Senate Print 4333B, 12 an act to amend the Education Law, in relation 13 to establishing. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 566, by Senator Volker, Senate Print 3908, an 25 act to amend the Criminal Procedure Law, in

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(518) 371-8910 1 relation to disclosure. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 567, by Senator Volker -- 13 SENATOR SKELOS: Lay it aside 14 temporarily. 15 THE PRESIDENT: The bill is laid 16 aside temporarily. 17 THE SECRETARY: Calendar Number 18 604, by Senator Johnson, Senate Print 5281, an 19 act to amend the Public Authorities Law, in 20 relation to expanding. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 606, by Senator Meier, Senate Print 5738, an 7 act to amend the Public Authorities Law, in 8 relation to authorizing the Town of Annsville, 9 County of Oneida. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 THE PRESIDENT: The bill is 18 passed. 19 Senator Skelos, that completes the 20 reading of the noncontroversial calendar. 21 SENATOR SKELOS: Well, we have 22 one more bill that we will be taking up 23 noncontroversial when Senator Montgomery, I 24 believe, arrives. 25 So if we could just stand at ease

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(518) 371-8910 1 temporarily. 2 THE PRESIDENT: The Senate stands 3 at ease. 4 SENATOR SKELOS: Madam President, 5 actually, if I could call the meeting of the 6 Finance Committee in the Majority Conference 7 Room. 8 THE PRESIDENT: There will be an 9 immediate meeting of the Finance Committee in 10 the Majority Conference Room. 11 The Senate stands at ease. 12 (Whereupon, the Senate stood at 13 ease at 12:25 p.m.) 14 (Whereupon, the Senate reconvened 15 at 12:43 p.m.) 16 ACTING PRESIDENT MORAHAN: 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 would you please, on the noncontroversial 20 calendar, call up Calendar Number 567, by 21 Senator Volker. 22 ACTING PRESIDENT MORAHAN: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 567, by Senator Volker, Senate Print 3909, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. Nays, 10 2. Senators Duane and Montgomery recorded in 11 the negative. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 That completes the reading of the 15 calendar, Senator Skelos. 16 THE SECRETARY: In relation to 17 Calendar Number 567, also Senator Andrews and 18 Senator Parker in the negative. Ayes, 56. 19 Nays, 4. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 Senator Skelos, that completes the 23 reading of the calendar. 24 SENATOR SKELOS: Thank you, Mr. 25 President.

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(518) 371-8910 1 If we could return to reports of 2 standing committees, I believe there's a 3 report of the Finance Committee at the desk. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: Senator Johnson, 7 from the Committee on Finance, reports the 8 following nominations. 9 As a member and chairman of the 10 Niagara Frontier Transportation Authority, 11 Gregory Stamm, Esquire, of Williamsville. 12 ACTING PRESIDENT MORAHAN: 13 Senator Coppola. 14 SENATOR COPPOLA: Thank you, Mr. 15 President. 16 I rise in support of Mr. Stamm's 17 nomination to the NFTA. The NFTA has a 18 tremendous amount of operations within my 19 district, specifically in the city of Buffalo. 20 And I support his nomination because over the 21 past couple of weeks we've had a lot of 22 conversations with regard to issues relating 23 to the NFTA and the city of Buffalo and some 24 of the ongoings there that have caused major 25 frustration within the city of Buffalo in

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(518) 371-8910 1 their relations with the NFTA. 2 He is very open to some issues that 3 I've talked to him about, possibly some 4 changes in the way that they operate and 5 dispose of real property. 6 So I would like to have my comments 7 reflect my support of Mr. Stamm and his new 8 leadership in the NFTA, and I hope he brings 9 it far into the future with regard to a public 10 authority having more dialogue and having the 11 public's interest at heart when it comes to 12 their operations not only within the city of 13 Buffalo but in Western New York. 14 Thank you, Mr. President. 15 ACTING PRESIDENT MORAHAN: Thank 16 you, Senator. 17 Senator Volker. 18 SENATOR VOLKER: Just quickly. 19 Greg's not here, but I do want to say that 20 he's a close personal friend. He is the 21 counsel right now to the Erie County Control 22 Board. Obviously he's going to have to give 23 that up. 24 But he's a great gentleman, a great 25 lawyer, a good friend. Well, he doesn't live

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(518) 371-8910 1 in my district, he lives in Mary Lou Rath's 2 district. But he, I believe, will be the best 3 chairman of the NFTA that we've had. 4 And it's good because we have a 5 problem in Erie County with law enforcement, 6 with the tremendous decline in the number of 7 police officers. And people forget that the 8 NFTA is the operation that runs our homeland 9 security mechanism. 10 And I'm sure Greg Stamm will do a 11 fine job. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator. 14 Senator Stachowski. 15 SENATOR STACHOWSKI: Mr. 16 President, I too rise to second the nomination 17 of Mr. Stamm. 18 I happen to know Mr. Stamm since my 19 days in the county legislature. And he's had 20 a great deal of government experience in 21 different capacities. And I think he'll bring 22 that experience plus the knowledge of how, 23 when we deal with him, he understands what our 24 position is, that he will be more open and at 25 least responsive. Whether it's a yes or a no

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(518) 371-8910 1 to the question you ask, at least he'll get 2 back to you. Which is going to be a great 3 change from some of the people that have been 4 in the NFTA in the past. 5 So I think it's a great nomination. 6 He'll do a great job. And I'm glad to second 7 the nomination of my friend Greg Stamm. 8 ACTING PRESIDENT MORAHAN: Thank 9 you, Senator. 10 Senator Rath. 11 SENATOR RATH: Yes, Mr. 12 President, it gives me great pleasure to stand 13 up and second the nomination of one of my 14 constituents, Mr. Greg Stamm, who I have known 15 and worked with for almost 30 years in various 16 capacities. 17 Greg has had a long and 18 distinguished career as an attorney. But more 19 than that, he has had a long and distinguished 20 career as a civic and community volunteer and 21 activist. 22 So to have him as the chairman of 23 the NFTA, at the time when the city of Buffalo 24 and the community throughout Western New York 25 is going to have dramatic changes in relation

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(518) 371-8910 1 to the waterfront areas, which are presently 2 owned by the Niagara Frontier Transportation 3 Authority, about to change into different 4 ownership, with a rebirth of the Western 5 New York waterfront that will be second to 6 nothing, anything that's happened in the last 7 75 to 100 years along that waterfront -- and 8 to have him there directing and overseeing and 9 participating in working that through, it's 10 thrilling for me and I think it's an insurance 11 for all of us that we will have someone who is 12 deeply interested in and committed to our 13 community and to the furtherance of the 14 activities along the waterfront as well as the 15 transportation issues. 16 Which, by the way, a secondary 17 issue relating to air transit. As we know, 18 the base in Niagara Falls was saved from 19 closing last year, and it's one of the longest 20 runways in the East. And it's also operated 21 by the Niagara Frontier Transportation 22 Authority, in conjunction with the military. 23 And that will also open up new avenues for 24 increased economic development activity 25 throughout Western New York.

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(518) 371-8910 1 And to have Greg Stamm there in the 2 lead on all of these activities I think is 3 something we will all be proud of. 4 Thank you. 5 ACTING PRESIDENT MORAHAN: Thank 6 you, Senator. 7 Senator Maziarz. 8 SENATOR MAZIARZ: Thank you very 9 much, Mr. President. I guess I'm batting 10 cleanup here today for Greg Stamm. 11 But I want to join in seconding 12 this nomination. This is an excellent 13 appointment by Governor Pataki. Greg Stamm, 14 I've known him for many, many years. Active 15 in the Western New York community. 16 But he really understands, I think, 17 the unique opportunity that the Niagara 18 Frontier Transportation Authority faces right 19 now with the Buffalo waterfront. 20 And I think Senator Rath mentioned 21 the Niagara Falls Airport, the development 22 around the airport, with all of the available 23 vacant property around that airport, with the 24 runway, with the military base now being 25 secured for a long time into the future, the

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(518) 371-8910 1 real opportunity for job creation, for 2 economic development exists in all of Western 3 New York at the Niagara Falls Airport. 4 Greg Stamm understands that, we've 5 had many conversations, and he plans on going 6 forward with the program for improvement at 7 Niagara Falls. I wholeheartedly second and 8 support this nomination. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MORAHAN: Thank 11 you, Senator. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: As a member of 15 the Port Authority of New York and New Jersey, 16 Henry R. Silverman, of New York City. 17 As a member of the 18 Rochester-Genesee Regional Transportation 19 Authority, Edward W. White, Esquire, of 20 Waterloo. 21 And as a member of the Board of 22 Visitors of the New York State Home for 23 Veterans and Their Dependents at Batavia, Joan 24 F. Staats, of Stafford. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Senator Johnson. 2 SENATOR JOHNSON: Move the 3 nominations. 4 ACTING PRESIDENT MORAHAN: Move 5 that the nominations be moved. All in favor 6 of the nominations say aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT MORAHAN: Nay? 9 (No response.) 10 ACTING PRESIDENT MORAHAN: The 11 nominations are confirmed. 12 The Secretary will read the report 13 of the Finance Committee. 14 THE SECRETARY: Senator Johnson, 15 from the Committee on Finance, restores the 16 following bills to the calendar: 17 Senate Print 6450C, Budget Bill, an 18 act making appropriations for the support of 19 government: Public Protection and General 20 Government Budget; 21 6451A, Senate Budget Bill, an act 22 making appropriations for the support of 23 government: Legislative and Judiciary Budget; 24 6453C, Budget Bill, an act making 25 appropriations for the support of government:

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(518) 371-8910 1 Education, Labor and Family Assistance Budget; 2 6454C, Budget Bill, an act making 3 appropriations for the support of government: 4 Health and Mental Hygiene Budget; 5 6455C, Senate Budget Bill, an act 6 making appropriations for the support of 7 government: Transportation, Economic 8 Development and Environmental Conservation 9 Budget; 10 6456C, Budget Bill, an act to amend 11 the State Finance Law; 12 6457C, Budget Bill, an act to amend 13 the Social Services Law and others; 14 6458C, Budget Bill, an act to amend 15 the Education Law; 16 6459C, Budget Bill, an act to amend 17 the Environmental Conservation Law; 18 6460C, Budget Bill, an act to amend 19 the Tax Law. 20 And Senator Johnson, from the 21 Committee on Finance, reports the following 22 bill to the calendar: 23 Senate Print 7166, by the Senate 24 Committee on Rules, an act in relation to 25 providing for the administration of certain

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(518) 371-8910 1 funds and accounts. 2 All bills ordered direct to third 3 reading. 4 ACTING PRESIDENT MORAHAN: 5 Without objection, all bills are reported to 6 third reading. 7 Senator Bonacic. 8 SENATOR BONACIC: Thank you, Mr. 9 President. 10 Previously I was out of the 11 chambers at a committee meeting, and I would 12 like the record to reflect that on Calendar 13 Number 540, Senate Bill 4140, I would like to 14 have been recorded in the negative. 15 ACTING PRESIDENT MORAHAN: The 16 record will so reflect. 17 SENATOR BONACIC: Thank you. 18 ACTING PRESIDENT MORAHAN: 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President and 21 colleagues, we are going to take up, very, 22 very shortly, what will be the first bill of 23 the budget for this session going into '07. 24 The fact that we are going to start 25 this process now, we should be able to

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(518) 371-8910 1 conclude it, with all the bills properly aged, 2 by this Friday, the 31st. Which will be the 3 second year in a row that we have done an 4 on-time budget. 5 But more important than an on-time 6 budget is a sound budget on behalf of all of 7 the people of this state. And this is a sound 8 budget. Depending on how you count, it's 9 $112.4 billion, half a billion either way. 10 Probably our way. 11 But in it what is critically 12 important is that there are approaching 13 $2 billion in property tax rebates, property 14 tax cuts. And we all have acknowledged, all 15 of us, in both houses and in the executive 16 branch, that the people in New York State are 17 overtaxed, overburdened and need relief. So 18 that is number one. 19 And this package in tax cuts that's 20 in this budget when it's finalized is about 21 $4.1 billion. And you think about it. In all 22 aspects of affecting people's lives, with 23 rebates on property, small business tax cuts 24 to create jobs, retain jobs here in this 25 state.

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(518) 371-8910 1 Child tax credit, children 4 to 17. 2 Parents, refund checks up to $330 per child. 3 The sales tax on clothing $110 and under. 4 That starts because we did not take any action 5 again April 1st. And that is estimated to be 6 worth to the taxpayers of this state over 7 $600 million. Child tax credit, $600 million. 8 So we have done a lot of good 9 things. We have a surplus, thanks to the good 10 management of both houses and the Executive. 11 And at the same time that we do this, we're 12 setting a record on school aid, a 13 billion-three, approaching, in the operating 14 and categorical. And depending on where you 15 are in the city, pushing $9.4 billion in 16 construction availability. 17 A lot of good things. Nursing 18 homes, restorations to hospitals to provide 19 the quality of care. Bottom line, we've done 20 it. And we got there. 21 Now, how did we do it? You have 22 to, in this state, do it by negotiating. And 23 to everyone's credit, there was an intense, 24 intensive negotiation, both houses -- 25 Assembly, Senate -- both sides of the aisle in

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(518) 371-8910 1 both houses. 2 And I appreciate, Senator Paterson, 3 your participation in the general conference 4 committee with the other members here, being 5 representative of not just your constituency, 6 in terms of where you get elected, but the 7 entire constituency of this state that you 8 affect. 9 And Senator Paterson made a great 10 contribution many times by being silent at the 11 right time. And I want you to know that I 12 recognize that and appreciate that. Because 13 you know in this business, what's the hardest 14 thing to do? To be silent. Because all of us 15 have so many things to say, and we feel that 16 the whole world is waiting with bated breath 17 to hear every word. Well, got news for you. 18 It's not always the case. 19 Recognizing that, I'm going to sit 20 down. 21 (Laughter.) 22 SENATOR BRUNO: So I want to 23 thank Senator Skelos and Senator Spano, 24 Senator Johnson, who served with us on the 25 general committee, for their good work, being

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(518) 371-8910 1 here through the weekend and doing just the 2 kinds of things that were critically 3 important. 4 Every member in the Legislature can 5 be proud of their participation in this open, 6 public process, which is different than it's 7 ever been in the history of this state. 8 So we can be proud, every single 9 member can be proud. The staff support we 10 had. The budget director, Mary Louise 11 Mallick, and Ken Riddett, handling the 12 counsel's work, got us in print by midnight 13 last night, which was a critical moment. 14 And having been in print with the 15 final versions of the education package and 16 the other things allows us to conclude Friday. 17 And I hope that all of you will, sometime 18 while the sun shines on Friday, be ready to 19 conclude the process and go on our way to meet 20 our constituency with all the good news that 21 is there in this budget. 22 So thank you. Thanks for your 23 support, everybody in this chamber. And I 24 wanted to commend the Speaker for his hard 25 work and diligence, and his conference and the

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(518) 371-8910 1 conference of Assemblyman Tedisco. And the 2 Executive, who has participated in this 3 process by giving us a budget on time, 4 January 17th. 5 And the rest of the process is that 6 we relate, we've been communicating. And over 7 these next 10 to 12 days, there will be 8 further negotiations on some parts of what we 9 are going to tend to that are off-budget of 10 necessity. 11 So thank you, Mr. President, and 12 thank you, colleagues, for a job well done. 13 ACTING PRESIDENT MORAHAN: 14 Senator Paterson. 15 SENATOR PATERSON: Thank you, Mr. 16 President. 17 I'm thinking of a condition I heard 18 once that it is often better to be silent and 19 be thought a fool than to open one's mouth and 20 remove all doubt. 21 (Laughter.) 22 SENATOR PATERSON: But 23 contravening that, I'll just try to thank all 24 of our colleagues who served on the various 25 conference committees and fed their findings

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(518) 371-8910 1 to the general conference committee, where we 2 tried to consider them. 3 And we have returned $805 million 4 this year in property taxes that will be of 5 great resource to many of our citizens 6 upstate, $921 million next year. And as 7 Senator Bruno pointed out, over the two years 8 from now, we will save $4.1 billion in taxes. 9 What was interesting is that the 10 process was more open than it ever was. The 11 discussion about the sales tax and its sunset, 12 and that we felt it should stay that way, 13 saving $585 million for people who purchase 14 clothing items of $110 or less was actually 15 discussed openly and unrehearsed by Senator 16 Bruno and myself yesterday in the general 17 conference committee. And we were able to 18 come to an accord that I think will benefit 19 people all around the state. 20 And so the compliment goes both 21 ways, that this was an issue that meant a lot 22 to us, one that the Senate Democratic 23 conference has fought for for a long period of 24 time, and Senator Bruno led the way among 25 those who heard it. And we tried to do the

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(518) 371-8910 1 same for those who may not live in the 2 geographic perimeters of our district, but are 3 our neighbors, as we are one state and the 4 residents of one state. 5 We in this conference would like to 6 advocate that the process in the future even 7 be more open than it is. And that we'd like 8 to thank the members of this conference, 9 particularly the new members of this 10 conference, like Senator Valesky and Senator 11 Serrano and Senator Savino and Senator Klein, 12 who came to this house based on their advocacy 13 for reform and changing a lot of the rules 14 around here. And in their first term, we have 15 passed two budgets on time -- and, as Senator 16 Bruno pointed out, not only on time, but with 17 some comprehensive change in state policy that 18 we hope will inure to the benefit of people. 19 In New York City education, as 20 Senator Bruno pointed out, we have what is 21 really a $9.4 billion availability for 22 construction for schools and a $4.7 billion 23 award for capital funding, so that -- 24 actually, a $1.8 billion award for capital 25 funding. And so after you factor in the

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(518) 371-8910 1 50 percent return to the city based on the new 2 amounts, it should meet the court requirements 3 of $6.5 billion in capital. 4 We are frankly disappointed -- but 5 in all negotiations parties are disappointed. 6 But nonetheless, there's a court decision 7 mandating that $4.7 billion to $5.6 billion be 8 brought in school aid for areas that have 9 previously been disenfranchised by actions 10 taken by the state in negotiating a school 11 formula that was not constitutional. There 12 have been three court rulings on that point 13 already. And it doesn't just involve New York 14 City, it involves a lot of high-needs areas in 15 the rural parts of New York State and in 16 minority communities in Suffolk, Nassau, 17 Syracuse, and Buffalo and other parts of Erie 18 County. 19 And we have got to recognize that 20 just because we have economic problems does 21 not alleviate us of our compliance with a 22 court decision upheld three times in the last 23 five years. And I'm hoping that in the months 24 ahead that we'll all work together, just as we 25 have on this budget, to be in compliance with

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(518) 371-8910 1 that court decision and to make sure that one 2 branch of our government is not ignored by 3 another. 4 We also would like to hope that 5 there is still more that we can do for 6 Medicaid costs all around this state and that 7 would also compel us to reduce property taxes 8 in other areas. So as would be the most 9 hopeful result of a budget negotiation, that 10 there are some areas that we addressed and 11 there are some areas that we still have yet to 12 address. 13 We have to remember that the budget 14 increased at a larger amount than did the cost 15 of living at that particular time, and that 16 gets us into problems with debt. And that we 17 still have increased the debt in this last 18 budget over the $48 billion of debt and 19 $80 billion in ancillary debt that we have in 20 the agencies of this state. 21 There's obviously a greater 22 comprehension that we are going to have to pay 23 to how we spend money when we're spending 24 $5 billion a year just to pay back the debt 25 that we've accrued in the past. We do not

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(518) 371-8910 1 want to sentence not only the next generation 2 but the generation that would follow that to 3 burdens because of our failure to meet 4 deadlines and to establish perimeters to our 5 spending. 6 But what I would say is that we 7 have a great opportunity in the next couple of 8 days to pass an on-time budget for the second 9 time in the 21 years, now, that I will have 10 been a Senator. And it is finally a pleasure 11 to see that as we reach those deadlines, that 12 we work with the spirited pace that we have 13 over the last couple of days. 14 And I want to thank again the 15 Majority Leader and the Speaker, the Governor, 16 and the Minority Leader of the Assembly and 17 all those who served on the committees for 18 proving a point that we tried to make years 19 ago, which is that the more you involve the 20 members of this Legislature in the negotiation 21 of the process, the quicker it can be 22 achieved, the more effectively it can be 23 achieved, and I think in the end the more 24 admirable it is to all of our service. 25 So thank you, Mr. President. And I

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(518) 371-8910 1 hope in the next couple of days that those who 2 are feeling a little differently than perhaps 3 the budget has allowed will get an opportunity 4 to express that in a chamber where we would 5 hopefully dedicate ourselves to the exchange 6 of ideas and not just passing legislation that 7 none of us have had the opportunity to peruse. 8 ACTING PRESIDENT MORAHAN: Thank 9 you, Senator Paterson. 10 SENATOR BRUNO: Mr. President. 11 ACTING PRESIDENT MORAHAN: 12 Senator Bruno. 13 SENATOR BRUNO: Can we at this 14 time call up Calendar Number 492. 15 ACTING PRESIDENT MORAHAN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 492, Senate Budget Bill, Senate Print 6450C, 19 an act making appropriations for the support 20 of government. 21 SENATOR PATERSON: Explanation. 22 ACTING PRESIDENT MORAHAN: 23 Senator Johnson, an explanation has been 24 requested. 25 SENATOR JOHNSON: Yes, Mr.

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(518) 371-8910 1 President. 2 This bill is really dealing with 3 the public protection and general government. 4 In the general government part, we deal with 5 the Division of the Budget, the Governor's 6 office, Lieutenant Governor's, Consumer 7 Protection Board, Department of Civil Service, 8 Capital Defender's Office, Crime Victims 9 Board, Homeland Security, Public Employees 10 Relations Board, et cetera. 11 And in addition to that, of course, 12 we deal with aid to local governments. And 13 there's a lot of state assistance here to 14 local governments in this bill as well. And 15 it deals with cities, towns, villages outside 16 New York City; New York City itself; disaster 17 money for New York City. 18 A very comprehensive bill, and I'm 19 sure everyone would love to support it. 20 Thank you. 21 ACTING PRESIDENT MORAHAN: Thank 22 you, Senator. 23 Any Senator wishing to be heard? 24 Ring the bell. We're on the 25 controversial calendar.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 60. Nays, 10 1. Senator Parker recorded in the negative. 11 ACTING PRESIDENT MORAHAN: 12 Senator Parker. 13 SENATOR PARKER: To explain my 14 vote, Mr. Chairman. 15 Mr. Chairman, first let me just 16 congratulate all the members of the 17 Legislature for -- you know, for our second 18 year in a row of passing -- you know, going 19 through the process of passing an on-time 20 budget. It took a great deal of, I think, 21 cooperation amongst people in both houses, on 22 both sides of the aisle. Clearly we did a lot 23 of great things for the people of the State of 24 New York. 25 However, we still have not dealt

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(518) 371-8910 1 with the issue that is very, very pressing for 2 my constituents, which is dealing with the 3 Campaign for Fiscal Equity lawsuit. I know we 4 attempted to do that, but, you know, I think 5 that this budget is out of whack in that 6 concern. 7 I'm voting no not because I 8 disagree with everything in this part of the 9 budget, but we certainly cannot pass a 10 balanced budget without having dealt with CFE 11 in a very serious manner. 12 So I again congratulate everybody. 13 I hope that we're able to come back and do 14 something significant for CFE as it relates to 15 operational dollars. But at this time I vote 16 no. 17 ACTING PRESIDENT MORAHAN: 18 Senator Parker will be recorded in the 19 negative. 20 The bill is passed. 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we at this time take up Calendar Number 24 498. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 498, Senate Budget Bill, Senate Print 6456C, 4 an act to amend the State Finance Law. 5 SENATOR SCHNEIDERMAN: 6 Explanation. 7 ACTING PRESIDENT MORAHAN: 8 Senator Johnson, an explanation has been 9 requested. 10 SENATOR JOHNSON: Mr. President, 11 this is the Article VII bill, the so-called 12 language bill which implements the 13 appropriations made in 6450C. 14 ACTING PRESIDENT MORAHAN: Does 15 any other member wish to be heard? 16 Then the debate is closed. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Ayes, 60. Nays,

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(518) 371-8910 1 1. Senator Parker recorded in the negative. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, is 6 there any other business at the desk to come 7 before the Senate at this time? 8 ACTING PRESIDENT MORAHAN: There 9 is no other business at the desk, Senator. 10 SENATOR BRUNO: Can we recognize 11 Senator Gonzalez at this time, Mr. President. 12 ACTING PRESIDENT MORAHAN: 13 Senator Gonzalez. 14 SENATOR GONZALEZ: Mr. President, 15 there will be a Minority conference tomorrow, 16 Thursday, March 30th, at 10:30 a.m., Room 315. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MORAHAN: There 19 will be a Minority conference tomorrow, 10:30, 20 Room 315. 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we at this time recognize Senator Breslin 24 for a motion to put before the house. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Senator Breslin. 2 SENATOR BRESLIN: Mr. President, 3 I believe there's a motion at the desk. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: Senate Print 7 6371, by Senator Breslin, an act to amend the 8 Environmental Conservation Law, the General 9 Municipal Law, and the Tax Law. 10 ACTING PRESIDENT MORAHAN: 11 Senator Breslin. 12 SENATOR BRESLIN: Mr. President, 13 across this state we are having a difficult 14 time preserving land for habitats, for nature 15 walks -- 16 ACTING PRESIDENT MORAHAN: A 17 little order in the house, please. 18 Senator Breslin. 19 SENATOR BRESLIN: -- for 20 farmland, for drinking water. And we have to 21 have something constructive and uniform. 22 This bill would create and pass 23 here and allow a local jurisdiction, a town or 24 a city, to pass, first at their council level 25 and then with a public referendum, the ability

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(518) 371-8910 1 to collect 2 percent off the transfer tax of 2 home transfers. 3 Now, that wouldn't affect 4 first-time homeowners, and it wouldn't affect 5 affordable housing, because it's only 6 2 percent above the median price for that 7 particular home. 8 And it allows the local 9 jurisdiction, before they go to referendum, to 10 create a unit to study various projects that 11 could be part of this process. 12 This would allow us to preserve 13 those lands throughout this state that are 14 being devastated by urbanization on a daily 15 basis. It's estimated that 174 acres a day go 16 to building construction in this state. Over 17 a 15-year period ending in 1997, it was 18 estimated in upstate New York that 19 urbanization increased by over 30 percent, 20 while at the same time population rose only 21 2.6 percent. 22 It's important to have something in 23 place to preserve those scenic areas, to 24 preserve those farmlands, and to preserve our 25 drinking water. And I urge my fellow Senators

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(518) 371-8910 1 on both sides of the aisle to move forward to 2 vote for this. 3 Thank you very much, Mr. President. 4 ACTING PRESIDENT MORAHAN: Thank 5 you, Senator. 6 All those Senators in favor of the 7 petition to move it out of committee will 8 please signify by raising hands. 9 THE SECRETARY: Those recorded in 10 agreement are Senators Andrews, Breslin, 11 Connor, Coppola, Diaz, Dilan, Duane, Gonzalez, 12 Klein, L. Krueger, C. Kruger, Montgomery, 13 Onorato, Oppenheimer, Parker, Paterson, 14 Sabini, Sampson, Savino, Schneiderman, 15 Serrano, A. Smith, M. Smith, Stachowski, 16 Stavisky and Valesky. 17 ACTING PRESIDENT MORAHAN: The 18 petition is not agreed to. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 there being no further business to come before 22 the Senate, I move we stand adjourned until 23 March 30th, which is Thursday, tomorrow, at 24 11:00 a.m. 25 ACTING PRESIDENT MORAHAN: On

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(518) 371-8910 1 motion, the Senate stands adjourned until 2 tomorrow, March 30th, 11:00 a.m. 3 (Whereupon, at 1:20 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910