Friday, April 4, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 4, 2008 11 11:02 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting 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 GRIFFO: The 3 Senate will come to order. 4 I ask all to rise and join with me 5 as we recite the Pledge of Allegiance to our 6 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 that we all bow our 11 heads today in a moment of silence in 12 remembrance for Dr. Martin Luther King, Jr., 13 and his movement and cause, as we reflect on 14 the 40th anniversary of his assassination. 15 (Whereupon, the assemblage 16 respected a moment of silence.) 17 ACTING PRESIDENT GRIFFO: The 18 reading of the Journal. 19 THE SECRETARY: In Senate, 20 Thursday, April 3, the Senate met pursuant to 21 adjournment. The Journal of Wednesday, 22 April 2, was read and approved. On motion, 23 Senate adjourned. 24 ACTING PRESIDENT GRIFFO: Without 25 objection, the Journal stands approved as

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(518) 371-8910 1 read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 are there any substitutions at the desk at 13 this time? 14 ACTING PRESIDENT GRIFFO: There 15 are none, Senator Skelos. 16 SENATOR SKELOS: There will be an 17 immediate meeting of the Finance Committee in 18 the Majority Conference Room. 19 ACTING PRESIDENT GRIFFO: There 20 will be an immediate meeting of the Senate 21 Finance Committee in the Majority Conference 22 Room. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 ease at 11:04 a.m.)

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 11:09 a.m.) 3 ACTING PRESIDENT MAZIARZ: The 4 Senate will come to order. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 if we could return to reports of standing 8 committees for the report of the Finance 9 Committee. 10 ACTING PRESIDENT MAZIARZ: 11 Reports of standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator O. 14 Johnson, from the Committee on Finance, 15 reports the following bills direct to third 16 reading: 17 Senate Print 6805D, Senate Budget 18 Bill, an act making appropriations for the 19 support of government: Transportation, 20 Economic Development and Environmental 21 Conservation Budget; 22 And Senate Print 6809C, an act to 23 authorize funding. 24 ACTING PRESIDENT MAZIARZ: 25 Without objection, the bills are reported to

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(518) 371-8910 1 the Third Reading Calendar. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could take up Calendar Number 714, 5 Senate 6805D. 6 ACTING PRESIDENT MAZIARZ: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 714, Senate Budget Bill, Senate Print 6805D, 10 an act making appropriations for the support 11 of government: Transportation, Economic 12 Development and Environmental Conservation 13 Budget. 14 ACTING PRESIDENT MAZIARZ: 15 Senator Skelos. 16 SENATOR SKELOS: Is there a 17 message of necessity at the desk? 18 ACTING PRESIDENT MAZIARZ: There 19 is a message of necessity. 20 SENATOR SKELOS: Move to accept. 21 ACTING PRESIDENT MAZIARZ: All in 22 favor of accepting the message of necessity 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT MAZIARZ:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT MAZIARZ: The 4 message is accepted. 5 Senator Skelos. 6 SENATOR SKELOS: If we could take 7 up the bill at this time. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 45. 16 ACTING PRESIDENT MAZIARZ: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could take up Calendar Number 715, 21 Senate 6809C. 22 ACTING PRESIDENT MAZIARZ: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 715, Senate Budget Bill, Senate Print 6809C,

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(518) 371-8910 1 an act to authorize funding for the 2 Consolidated Local Street and Highway 3 Improvement Program and to amend the State 4 Finance Law and others. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Skelos. 7 SENATOR SKELOS: Can we have the 8 last section read at this time. 9 ACTING PRESIDENT MAZIARZ: There 10 is a message of necessity at the desk, 11 Senator. 12 SENATOR SKELOS: Move to accept. 13 ACTING PRESIDENT MAZIARZ: All in 14 favor of accepting the message of necessity 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MAZIARZ: Those 18 opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MAZIARZ: The 21 message is accepted. 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MAZIARZ: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MAZIARZ: 4 Announce the results. 5 Oh, I'm sorry. Senator Krueger. 6 SENATOR LIZ KRUEGER: To explain 7 my vote, Mr. President. 8 ACTING PRESIDENT MAZIARZ: 9 Senator Krueger, to explain her vote. 10 SENATOR LIZ KRUEGER: I'm voting 11 yes on the language bill, as the budget bill. 12 But again, just to go on the 13 record, we are doing a budget in the most 14 ridiculous way this year. We have chapter 15 amendments to bills we've already passed that 16 we passed even though they didn't have the 17 fundamental pieces in them. 18 This bill doesn't have 19 fundamental -- these bills before us today, 20 the TED bills, don't have fundamental sections 21 in them, including capital monies. 22 We will all need a big pair of 23 glasses and perhaps a jigsaw puzzle to help us 24 understand, at the end of the day, what this 25 budget actually was this year.

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(518) 371-8910 1 Clearly, this is hot off the press. 2 Clearly, most of my colleagues have to 3 honestly say they didn't read this. 4 And yet I can't find the distinct 5 poison pills in these bills today. Although 6 they are missing major sections, they do 7 address some of the concerns of the 8 revenue-sharing that we didn't deal with when 9 we passed that bill. 10 So just for the record, this is a 11 nightmare process. The people of New York 12 deserve a better system. But despite that, I 13 can't find enough things wrong in these two 14 bills today to vote no, so I will be voting 15 yes. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MAZIARZ: 18 Senator L. Krueger will be recorded in the 19 affirmative. 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: Thank you, 22 Mr. President. I ask the opportunity to 23 explain my vote. 24 Mr. President and my colleagues, 25 this measure, I proudly say, was hammered out

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(518) 371-8910 1 by the Joint Budget Conference Subcommittee on 2 Transportation. And because Senator Libous, 3 who's chairman of the Senate Transportation 4 Committee, could not serve in the subcommittee 5 capacity because he's a participant in the 6 overall budget committee, I was asked to 7 chair, from the Senate's perspective, this 8 measure. 9 And I must tell you, the Senators 10 who were assigned to this committee worked 11 extremely hard to ensure that the local road 12 and bridge program, a program essential to the 13 formation and continuation and support of an 14 infrastructure that extends in such a grand 15 way in this state -- if you put all the local 16 roads that are eligible for CHIPS funding end 17 to end, they would circumnavigate the globe 18 four times. It's a huge amount of mileage, 19 it's a huge amount of infrastructure. And 20 this house has consistently supported the 21 Consolidated Highway Improvement Program. 22 This measure continues that support 23 and establishes a record increase in CHIPS 24 funding, $51 million over last year. That 25 means that the local property taxpayers will

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(518) 371-8910 1 not have to bear the burden, by themselves, of 2 funding local roads and bridges. 3 I want to thank Senator Libous for 4 his guidance. I want to thank the members of 5 the subcommittee, who worked very hard to 6 support this CHIPS program. 7 I also want to thank the dozens and 8 dozens of town and county highway 9 superintendents who traveled to Albany to 10 spend time to demonstrate the importance of 11 this program. It's essential to the support 12 of the upstate economy, it's essential to our 13 entire state. And I thank our Senators for 14 making this increased amount of money for 15 CHIPS possible. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MAZIARZ: Thank 18 you. Senator Nozzolio will be recorded in the 19 affirmative. 20 Senator Libous. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. I too want to explain my vote. 23 I'm going to vote for this with 24 some reluctance, and I'm going to explain my 25 vote here.

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(518) 371-8910 1 First of all, Senator Nozzolio, 2 thank you for your leadership on the committee 3 and to the members of the committee. 4 He mentioned a couple of areas -- 5 CHIPS funding, which is extremely important to 6 our highway superintendents at the local level 7 in helping to keep local property taxes down, 8 because the money there would come out of 9 local government and ultimately raise property 10 taxes. And the additional $60 million is long 11 overdue, and the committee did an outstanding 12 job. 13 Where I'm frustrated, and I'm going 14 to just share this with my colleagues, is that 15 I have been trying for the last three years to 16 clean up the Dedicated Highway Trust Fund. 17 And this house voted unanimously to do that. 18 Unfortunately, the Assembly and the 19 second floor failed to be a partner here. 20 Every year $750 million comes from 21 this fund, out of the fund, goes to snow and 22 ice removal, and $200 million of it then goes 23 to fund the Department of Motor Vehicles. 24 That's money that can go into road and bridge 25 repair.

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(518) 371-8910 1 In this budget, the former governor 2 gave us a proposal, and that proposal 3 basically was to put a $15 surcharge on every 4 insurance policy, every car that you own in 5 New York State. Well, we rejected that 6 because they wanted to create a bridge fund. 7 They don't have to create a bridge 8 fund; we already have one. They have to stop 9 raiding the existing bridge fund. 10 But unfortunately, as this house 11 tried to move that forward, the second 12 floor -- and the new second floor, 13 unfortunately -- the Division of Budget 14 doesn't quite understand it, but instead what 15 they did is they transferred $134 million from 16 the General Fund to the dedicated fund to 17 cover the offset. Now does that make any 18 sense to any of us here? Absolutely not. 19 I want to say thank you to my 20 colleagues in this house because last year we 21 voted unanimously to clean up the fund. It 22 has to get done. 23 We are going to embark on a capital 24 plan very soon, as soon as next week, a 25 capital plan for highways, roads and bridges

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(518) 371-8910 1 throughout our state, and a capital plan for 2 the MTA. 3 The plans that were provided to us 4 have huge deficits. There's no money to fund 5 those plans. Had we cleaned up the Dedicated 6 Highway Fund, we would have had a significant 7 amount of money to go out and help fund those 8 plans. 9 So I will vote for this because I 10 think it's important to move government 11 forward, Mr. President. But I have to tell 12 you, it makes no sense to take $134 million 13 out of the General Fund, transfer it to the 14 Dedicated Highway Trust Fund, and at the same 15 time continue to raid that fund for snow and 16 ice removal when it should be coming out of 17 the DOT budget, and continue to raid that fund 18 for the operation of the Department of Motor 19 Vehicles when we have bridges and roads in 20 this state that need repair. 21 I will vote aye, but very 22 reluctantly. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Libous will be recorded in the 25 affirmative.

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(518) 371-8910 1 Senator Marcellino, to explain his 2 vote. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. I wish to explain my vote on 5 this bill. 6 You know, doing the budget is, to 7 use the old joke, like making sausage. The 8 process is not very nice, but the end product 9 is something you really want. 10 The end product of this 11 environmental bill is a positive one. We have 12 increased the EPF by $50 million, by law. 13 That's the first time in history that's been 14 done. The EPF, the Environmental Protection 15 Fund, is guaranteed no less than $250 million; 16 in fact, this year it's $255 million. The 17 fund will go up to $300 million next year. 18 Again, guaranteed by law. A first; we can all 19 be very proud of that. 20 There are many good projects that 21 are done in here. I have only one problem and 22 only one concern. In order to balance our 23 budget, we were forced to accept a 24 $125 million sweep out of the EPF program. 25 This was proposed by Governor Spitzer and

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(518) 371-8910 1 accepted by both houses out of necessity, 2 because we frankly need the money to do what 3 we have to do. 4 I am concerned that the Division of 5 Budget would not entertain language that would 6 start the process for repaying past sweeps 7 from the EPF. I believe we're going to have 8 to do that. We're pushing huge amounts of 9 money in this situation, and the potential for 10 disaster is there. 11 I am urging and I'm going to be 12 working the rest of this session and the 13 coming year to make sure that we have a policy 14 and we have a procedure to repay the money 15 that has been taken out of the EPF so we can 16 make sure that it is whole and stays to be one 17 of the more viable funding sources for the 18 environment in this great state. 19 So I will vote aye, Mr. President, 20 with those caveats that I just mentioned. 21 Thank you. 22 ACTING PRESIDENT MAZIARZ: 23 Senator Marcellino will be recorded in the 24 affirmative. 25 Any other Senators wishing to

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(518) 371-8910 1 explain their vote? 2 If not, the clerk will announce the 3 results. 4 THE SECRETARY: Ayes, 56. Nays, 5 o. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 Senator Malcolm Smith. 9 SENATOR SMITH: Thank you very 10 much, Mr. President. 11 I want to first thank the Majority 12 Leader and my colleagues for the moment of 13 silence that we offered today on behalf of 14 Dr. Martin Luther King. 15 We all know 40 years ago today in 16 Memphis, the Lorraine Motel, there were two 17 shots that rang out that at that moment, when 18 the firefighters and the police department ran 19 along that street to figure out where those 20 shots came from, and Jesse Jackson and Andrew 21 Young and a number of individuals stood on 22 that balcony and pointed to where those shots 23 came from, little did we know that those shots 24 would be shots that were heard around the 25 world.

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(518) 371-8910 1 We all know that Martin Luther King 2 famous speech "I Have a Dream." And there are 3 many who would tell you that dreams are free, 4 and dreams cost you nothing, so therefore you 5 should dream forever. I must say that it is 6 obvious that for Martin, that particular dream 7 cost him his life. 8 But it was a dream that 40 years 9 ago today we should be able to enjoy some of 10 the accomplishments of the dream that he 11 sought. 12 When I look around this chamber and 13 I see a Hispanic, Efrain Gonzalez, sitting 14 next to a Jewish woman by the name of Liz 15 Krueger, that was part of a dream. When I see 16 a Jewish person by the name of Jeff Klein 17 sitting next to an African-American named 18 Malcolm Smith, that was a dream. When I see a 19 Catholic sitting next to a Protestant, that 20 was also part of a dream. 21 When I look around this chamber and 22 see an African-American who is quote, unquote, 23 a leader that sits across from another 24 individual who is also a leader, I would say 25 that 40 years ago what Martin dreamed about

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(518) 371-8910 1 has begun to come true. 2 What many of us have forgotten 3 while we dream is there is something that 4 happens after you dream. You've been there; 5 I've been there. When you dream, there comes 6 a time when you wake up. And if you reflect 7 on your dream, you think of one of two things. 8 Either it alters that immediate day that you 9 are going to proceed with, or it alters your 10 long-term plan. 11 And very few of us have never had a 12 nightmare. I believe if Martin was here 13 today, there is one part of his dream that 14 still holds a little bit of nightmarishness 15 for himself. Part of that is the fact that we 16 voted on a budget yesterday that is leaving 17 prisons open. 18 Part of it is a nightmare that says 19 when you have a number of children in this 20 state that cannot compete with other children 21 around this country and around this world, 22 there is still a nightmare that exists. 23 Part of is a dream that says when I 24 go up to Watertown or I go to Syracuse or 25 Buffalo, I can walk down the street and see

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(518) 371-8910 1 abandoned buildings, boarded-up buildings, 2 just like what it looked like in Memphis, just 3 like what happened when Martin was trying to 4 save and help those particular sanitation 5 workers. 6 I think Martin would say there is 7 still a part of his dream that holds a 8 nightmare corner in a chapter that needs to be 9 dealt with. 10 I am hopeful that as we continue to 11 do our work here, that as we continue to 12 finish this budget -- and I guess it's by no 13 accident that on this 40th day we are now at 14 the sunset, if you will, of our budgetary 15 process -- but I would hope that each and 16 every one of us would take a moment and 17 reflect on all that Martin Luther King stood 18 for. 19 Think about what it would mean if 20 all of our children could be adequately 21 educated so that they don't have to go into 22 special ed, so that they don't have to use 23 special ed as the door to going into a prison 24 criminal justice system, so that they would be 25 able to be contributors to the society, just

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(518) 371-8910 1 like each and every one of you are. 2 All of you had that opportunity to 3 be educated and receive that promise of 4 New York that we all talk about. There are 5 many of us right now who are not giving that 6 promise to other children around this state. 7 It is up to us to take a look inside and find 8 that Martin in you that allows this state to 9 be moved to that next frontier. 10 And so on this 40th anniversary of 11 a day that will live in infamy, a day in which 12 a gentleman that we all know as Martin Luther 13 King, Jr., is now no longer dreaming but is 14 now hoping that we remember the dream that he 15 had, which many people say cost nothing but I 16 say cost his life. 17 Thank you very much, Mr. President. 18 ACTING PRESIDENT MAZIARZ: Thank 19 you very much, Senator Smith. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 there will be an immediate conference of the 23 Majority in the Majority Conference Room. 24 ACTING PRESIDENT MAZIARZ: There 25 will be an immediate conference of the

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(518) 371-8910 1 Majority in the Majority Conference Room. 2 SENATOR SKELOS: And the Senate 3 will stand at ease. 4 ACTING PRESIDENT MAZIARZ: 5 Senator Dilan, I'm sorry. 6 SENATOR DILAN: Thank you, 7 Mr. President. 8 First of all, I would like to thank 9 all my colleagues and staff for their kind 10 words, thoughts, and prayers upon the passing 11 of my mother. I just want to say thank you 12 very much for all your kind deeds. 13 And secondly, there will be an 14 immediate meeting of the Minority in Room 315. 15 Thank you. 16 ACTING PRESIDENT MAZIARZ: Thank 17 you. There will be an immediate meeting of 18 the Minority in Room 315. 19 The Senate stands at ease. 20 (Whereupon, the Senate stood at 21 ease at 11:28 a.m.) 22 (Whereupon, the Senate reconvened 23 at 1:05 p.m.) 24 ACTING PRESIDENT GRIFFO: The 25 Senate will come to order.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 the Senate will adjourn subject to the call of 4 the Majority Leader. Let me just check that. 5 Mr. President, the Senate will 6 stand adjourned subject to the call of the 7 Majority Leader. 8 ACTING PRESIDENT MAZIARZ: Thank 9 you, Senator Skelos. 10 On motion, the Senate stands 11 adjourned at the call of the Majority Leader. 12 (Whereupon, at 1:07 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910