Sunday, April 1, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 1, 2007 11 10:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 ACTING PRESIDENT MORAHAN: The 3 Senate will come to order. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we do at this time the Pledge of 7 Allegiance to the Flag of America. 8 ACTING PRESIDENT MORAHAN: Will 9 everyone please rise and join in the Pledge of 10 Allegiance. 11 (Whereupon, the assemblage recited 12 the Pledge of Allegiance to the Flag.) 13 ACTING PRESIDENT MORAHAN: In the 14 absence of clergy, we will bow our heads for a 15 moment of silence. 16 (Whereupon, the assemblage 17 respected a moment of silence.) 18 ACTING PRESIDENT MORAHAN: 19 Reading of the Journal. 20 THE SECRETARY: In Senate, 21 Saturday, March 31, the Senate met pursuant to 22 adjournment. The Journal of Friday, March 30, 23 was read and approved. On motion, Senate 24 adjourned. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Without objection, the Journal stands 2 approved. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, 13 that was very well done. 14 Mr. President, I would move that we 15 stand at ease until this morning at 10:00 a.m. 16 sharp. 17 ACTING PRESIDENT MORAHAN: The 18 Senate stands at ease until 10:00 a.m. this 19 morning. 20 SENATOR BRUNO: Thank you. 21 (Whereupon, at 12:05 a.m., the 22 Senate adjourned.) 23 (Whereupon, the Senate reconvened 24 at 10:04 a.m.) 25 THE PRESIDENT: Good morning,

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, I 3 don't know if we're technically in session 4 yet. Yeah, we are. 5 If we could have an immediate 6 meeting of the Finance Committee. 7 THE PRESIDENT: There will be an 8 immediate meeting of the Finance Committee in 9 the Majority Conference Room. 10 The Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 10:05 a.m.) 13 (Whereupon, the Senate reconvened 14 at 10:22 a.m.) 15 THE PRESIDENT: We will return to 16 reports of standing committees. 17 Senator Bruno. 18 SENATOR BRUNO: Thank you, 19 Mr. President. 20 Returning to reports of standing 21 committees, I believe there's a report from 22 the Finance Committee. I would ask that it be 23 read at this time. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Senator O. 2 Johnson, from the Committee on Finance, 3 reports the following bills: 4 Senate Print 2103D, Senate Budget 5 Bill, an act making appropriations for the 6 support of government; 7 2107C, Senate Budget Bill, an act 8 to amend the Education Law; 9 And Senate Print 2110C, Senate 10 Budget Bill, an act to amend the Racing, 11 Pari-Mutuel Wagering and Breeding Law. 12 All bills ordered direct to third 13 reading. 14 THE PRESIDENT: Senator Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we at this time take up the bills reported 17 from Finance. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 300, Senate Budget Bill, Senate Print 2103D, 22 an act making appropriations for the support 23 of government, EDUCATION, LABOR AND FAMILY 24 ASSISTANCE BUDGET. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Mr. President, is 2 there a message of necessity at the desk? 3 THE PRESIDENT: There is. 4 SENATOR BRUNO: I would move that 5 we accept the message. 6 THE PRESIDENT: All those in 7 favor of accepting the message please indicate 8 so by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The message is 13 accepted. 14 Read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Senator Padavan, 20 to explain his vote. 21 SENATOR PADAVAN: Yes, thank you, 22 Mr. President. 23 I'd like to draw attention to one 24 very critical area of this education budget. 25 It's on page 13, beginning at line 18. It

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(518) 371-8910 1 refers to the fact that in the City of 2 New York, we have had a chronic problem of 3 overcrowding, particularly in middle schools 4 and high schools. 5 The emphasis during this budget 6 negotiation has been, from our perspective, 7 the reduction in class size. 8 This language specifically directs 9 the City of New York, over a five-year period, 10 to reduce class size in a variety of ways that 11 are specified in the legislation -- better 12 teacher-student ratios, more classrooms, 13 obviously, additional teachers in the 14 classroom, and all other modalities that could 15 be effectively used as directed by the 16 commissioner. 17 This is a major step forward, 18 Mr. President, and therefore I am voting aye. 19 THE PRESIDENT: Senator Padavan 20 will be recorded in the affirmative. 21 THE SECRETARY: Ayes, 61. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 303, Senate Budget Bill, Senate Print 2107C,

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(518) 371-8910 1 an act to amend the Education Law. 2 THE PRESIDENT: Senator Bruno. 3 SENATOR BRUNO: Mr. President, is 4 there a message of necessity at the desk? 5 THE PRESIDENT: There is. 6 SENATOR BRUNO: I would move we 7 accept that message. 8 THE PRESIDENT: All those in 9 favor of accepting the message please indicate 10 so by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The message is 15 accepted. 16 Read the last section. 17 THE SECRETARY: Section 13. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Senator Saland, 22 to explain his vote. 23 SENATOR SALAND: Thank you, 24 Mr. President. 25 Mr. President, this is the language

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(518) 371-8910 1 portion of the, among other things, education 2 bill. And I would like to say, as the chair 3 of the Senate Education Committee and the 4 chair of the Education Budget Conference 5 Committee, the priorities that we set forth in 6 day one were virtually all addressed in this 7 budget. 8 We talked about creating no losers 9 to the Governor, providing equity for 10 schoolchildren throughout New York State. 11 Greatly concerned at that time with the 12 Governor's save harmless proposal, which I 13 equated to a flat-line proposal for some 14 45 percent of the state's school districts. 15 We have better than halved that number, 16 reducing it from 304 to 150 in this budget. 17 It will go to 138 by Year 4, and hopefully in 18 the intervening years we will dramatically 19 reduce that 138. 20 We kept the promises that we made 21 to school districts with respect to providing 22 special ed, public excess cost aid, that had 23 been severely impeded by the Governor's 24 proposal. We restored tax aids, 25 reorganization operating aid, and we provided

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(518) 371-8910 1 an accountability measure that connected 2 students to outcomes, all enormously of 3 critical importance to students from one tip 4 of New York to another, and certainly to 5 taxpayers. 6 There is, however, for me, as the 7 chairman of the Senate Education Committee, 8 some disappointment. That disappointment, I 9 understand, can always be found in dealing 10 with a budget. Budgets obviously have a 11 multiplicity of items in them. 12 But there's one particularly that 13 causes me great personal consternation, and 14 that has to do with the charter school 15 provisions. I have consistently maintained 16 that our charter schools, particularly in 17 so-called independent school districts, work a 18 tremendous hardship amounting to something in 19 the nature of a large unfunded mandate. 20 I've never been opposed to charter 21 schools. I certainly think they offer the 22 opportunity and competition that has made our 23 nation what it is. It's a difference in 24 philosophy and fiscal prudence. 25 And for that reason, Mr. President,

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(518) 371-8910 1 based upon the inclusion of this charter 2 school provision, I cannot in good conscience 3 cast my vote in favor of this, notwithstanding 4 the fact that I spent a great deal of time and 5 effort in trying to make this happen. 6 But I must cast my vote in the 7 negative. Thank you. 8 THE PRESIDENT: Senator Saland 9 will be recorded in the negative. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Ayes, 60. Nays, 13 1. Senator Saland recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 305, Senate Budget Bill, Senate Print 2110C, 18 an act to amend the Racing, Pari-Mutuel 19 Wagering and Breeding Law. 20 THE PRESIDENT: The chair 21 recognizes Senator Bruno. 22 SENATOR BRUNO: Mr. President, is 23 there a message of necessity at the desk? 24 THE PRESIDENT: Yes, there is. 25 SENATOR BRUNO: I would move that

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(518) 371-8910 1 we at this time accept that message. 2 THE PRESIDENT: All those in 3 favor of accepting the message please indicate 4 so by saying aye. 5 (Response of "Aye.") 6 THE PRESIDENT: All opposed, nay. 7 (No response.) 8 THE PRESIDENT: The message is 9 accepted. 10 The Secretary will read the last 11 section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 THE PRESIDENT: The bill is 18 passed. 19 That completes the calendar. 20 The chair recognizes Senator 21 Malcolm Smith. 22 SENATOR SMITH: Thank you very 23 much, Mr. President. 24 This morning when I was at service, 25 7:30 this morning, I was listening to the

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(518) 371-8910 1 minister give his sermon and I was trying to 2 glean a little bit of what he was saying and 3 make some relevance to what we just went 4 through and where we are today. And the theme 5 of his sermon was you have to go through to 6 get to a certain point. 7 And I thought about all that 8 occurred over these last two weeks -- Joe and 9 the Governor having some very warm words; Joe 10 having some warm expressions about my 11 closeness to the Governor, which was a good 12 thing; some discussion between Shelly and Joe 13 and myself; and the press, and how much the 14 press talked about what they thought we were 15 not doing while in fact we were doing it. And 16 when I say we were doing it, we was doing the 17 people's business. 18 And what I realize is yes, we did 19 have to go through some things. We did have 20 to have our disagreements. We did have to 21 have some of our concerns raised to a point 22 where others thought one thing was going on, 23 but something else. We did have to actually 24 wait until we got to the point where we 25 recognized there was some need for us to

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(518) 371-8910 1 compromise. 2 And by going through all that we 3 went through, we got to a certain point. And 4 that certain point is that we will have a 5 $1.3 billion cut in Medicaid, something that 6 the Governor stood for, something that he 7 should be applauded for, because he recognized 8 that there had to be a paradigm shift. 9 And what has happened with this 10 budget, 400,000 young people will be insured 11 by this budget because we went through to get 12 to this point. You have another 900,000 13 uninsured people that will now be insured 14 because we went through. 15 We have a tax cut for businesses, 16 corporate tax cut, manufacturing tax cut, 17 $75 million, because we had to go through to 18 get to this point. Property tax cut, very 19 important to everyone here. Healthcare, a 20 number of restorations for nursing homes, a 21 number of restorations for hospitals, 22 pharmacies. Individuals knowing that they 23 will be able to be taken care of when they go 24 home. 25 And what did we go through? Each

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(518) 371-8910 1 and every one of these members, each and every 2 single one of them, on both sides of the 3 aisle, worked hard, worked at night. Our 4 office, the conference, our conference had 5 24-hour service from Monday through Friday. 6 We were there every night, had meetings at 7 4 o'clock in the morning, 3 o'clock in the 8 morning. Members were coming back at 9 2 o'clock, 1 o'clock, on the phone, because 10 they had to go through to get to this point. 11 Get to a point where even I had my 12 father-son discussions with Joe. He was the 13 father; I was the son. But you know what? In 14 father-son discussions, there's growth. 15 And the growth that we had was 16 where we are right now, a budget that 17 everybody wins. Everybody wins. Everybody 18 goes home, you go back to your district -- 19 Shirley Huntley can go back to her district, 20 Maziarz can go back to his district and talk 21 about what they went through to get to a point 22 where they are delivering goods, services, 23 things for people of their district. 24 This is a proud day for not only 25 the Legislature, but the Governor, the

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(518) 371-8910 1 Lieutenant Governor sat in that room as well. 2 We had a lot of heated discussions. But at 3 the end of the day, what we went through 4 allowed us to get to a point where we can be 5 proud of what we did today. 6 So I say to each and every one of 7 my colleagues, to the staff -- and I'm talking 8 about Jeff Lovell, I'm talking about Mortimer 9 Lawrence, I'm talking about the staff people 10 that had to sit there every night and take 11 time away from their families and their homes. 12 My staff, this side of the aisle, 13 our theme is get no sleep. And they got no 14 sleep. And as a result of getting no sleep, 15 we turned out a budget that everybody can be 16 very proud of. 17 This is a great day. Not only is 18 it Palm Sunday -- and I raise my palm in 19 respect to everyone here, regardless of 20 religious background. Because this was a 21 moment in which, as they said, he rode through 22 Jerusalem -- unfortunately, it was on a 23 donkey, Joe. He rode through on a donkey. 24 But this is a day we should be 25 proud. And to the people of this state who

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(518) 371-8910 1 are watching us, as I said before and I'll say 2 it again: Message delivered, message 3 received. And today we took action. 4 Thank you. 5 THE PRESIDENT: The chair 6 recognizes Senator Bruno. 7 SENATOR BRUNO: Thank you, 8 Mr. President, colleagues. 9 Senator Smith, thank you for your 10 observations and the kind words that were 11 kind. And thank you for your prayers. And we 12 all need them, as I look around this room, 13 some more than others. 14 And I will pray with you that the 15 togetherness, the spirit that is represented 16 here by our completing the budget process for 17 the people of New York State -- and that's 18 really what we are all focused on. Sometimes 19 the trip is a little troublesome and there are 20 some bumps. But the important thing is that 21 you get to the end of the road, you get a 22 result. And on behalf of the people of this 23 state, we have served them well. 24 But to get to the end of the road, 25 Senator and colleagues and Mr. President, we

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(518) 371-8910 1 had to correct some of the pain and suffering 2 that was submitted to us in the budget in 3 healthcare cuts, dramatic, drastic deep. So 4 we had to -- and I'm proud of my colleagues 5 here who took the lead -- we put a cap on the 6 pain and suffering that were in those 7 healthcare cuts by the restorations that took 8 place. 9 And with education, there was a big 10 move by the Governor to change how education 11 funds are distributed, set a record, a 12 billion-four. We responded to make sure that 13 truly every single student had the opportunity 14 for a sound, basic education. So we fixed 15 what had to be fixed. So you saw an addition 16 of a billion-eight, not a billion-four, and 17 that serves all of the people of this state, 18 and that's why we're here. 19 You talk about tax cuts. We are 20 the highest-taxed property per household in 21 the United States, 53 percent over the 22 national average. The Senate responded, 23 $2.6 billion in property tax cuts. We, by way 24 of compromise, agreed a billion-three going 25 back to the homeowners, to the taxpayers,

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(518) 371-8910 1 where it belongs. Another $300 million in 2 business tax cuts, denying about $800 million 3 in new taxes, new fees. Critically important. 4 And in New York City they did 5 extremely well, as did some of the other 6 cities, with the city aid that had been sort 7 of deflected. And we put that back. 8 So did we do a great job for the 9 people of this state? Yes, we did. Was the 10 journey a little bit arduous, a little bit 11 difficult, a little bit troublesome? Yes, it 12 was. 13 Accountability, transparency, 14 results. That's what the people want from us. 15 And we have that. 16 So today is a holy day in most 17 people's lives, a lot of people's lives. 18 There's respect for those that might extend 19 themselves religiously in a different way. 20 In that spirit, we are going to get 21 back to our constituencies, communicate with 22 our constituencies for two weeks. Some of the 23 press will play it a little differently. But 24 we're going to be there diligently working for 25 the people that send us here to be

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(518) 371-8910 1 representative of their interests because they 2 can't be here. 3 So be diligent, be conscientious, 4 as you always are, and be safe. And we'll 5 come back when we get back and take up the 6 people's work and continue what we have 7 started and completed here today in a spirit 8 of camaraderie, togetherness, and the spirit 9 that all of us presently enjoy, which is 10 represented here by palms and sanctifying 11 grace. 12 When I look at you, I see a halo. 13 (Laughter.) 14 SENATOR BRUNO: And that will 15 stay there as long as you keep partnering, 16 doing the right things with this Majority. 17 And I got that straight from (gesturing 18 above). 19 (Laughter.) 20 SENATOR BRUNO: So, Mr. 21 President, let me -- before I conclude, we 22 thank you for partnering. I want to thank 23 Senator Skelos, our floor leader here, the 24 other leaders that are here with us. 25 But I need to say a special word

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(518) 371-8910 1 about Jeff Lovell, who joined us, who helped 2 here in budget. Jeff is here, he hasn't slept 3 in three days other than at his desk. He 4 looks very refreshed. He got two hours last 5 night. 6 And Mike Avella, our new counsel, 7 who partnered with him; Rob Mujica, who backs 8 up and partners in Finance; John McArdle, who 9 is helping direct. Everybody -- and you see 10 many of them here -- up day and night. And 11 you talk about it -- 12 (Commotion at desk.) 13 SENATOR BRUNO: I wet my pants. 14 (Laughter.) 15 SENATOR BRUNO: I am so excited. 16 So thank you all. I feel very 17 refreshed; I would recommend it. 18 Thank you, Mr. President. Thank 19 you. 20 (Laughter; applause.) 21 SENATOR BRUNO: Mr. President, I 22 move that the Senate stand adjourned until 23 Monday, April 16th, intervening days to be 24 legislative days. 25 Thank you.

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(518) 371-8910 1 THE PRESIDENT: On motion, the 2 Senate stands adjourned until Monday, 3 April 16th, intervening days being legislative 4 days. 5 (Whereupon, at 10:41 a.m., the 6 Senate adjourned.) 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