Friday, August 8, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 August 8, 2008 11 11:14 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE H. WINNER, JR., Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT WINNER: The 3 Senate will 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 ACTING PRESIDENT WINNER: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT WINNER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Thursday, August 7, the Senate met pursuant to 18 adjournment. The Journal of Wednesday, 19 August 6, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT WINNER: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc.

(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 Robach. 8 SENATOR ROBACH: Yes, 9 Mr. President. I wish to call up my bill, 10 Senate Print 6350A, recalled from the 11 Assembly, which is now at the desk. 12 ACTING PRESIDENT WINNER: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 2044, by Senator Robach, Senate Print 6350A, 16 an act to amend the Public Health Law. 17 SENATOR ROBACH: I now move to 18 reconsider the vote by which this bill was 19 passed and ask that the bill be restored to 20 the order of third reading. 21 ACTING PRESIDENT WINNER: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 45. 25 SENATOR ROBACH: Mr. President, I

Candyco Transcription Service, Inc.

(518) 371-8910 1 move to amend Senate Bill 6350A by striking 2 out the amendments made on June 17th and 3 restoring it to its previous print number, 4 6350. 5 ACTING PRESIDENT WINNER: So 6 ordered. 7 SENATOR ROBACH: I now move to 8 discharge, from the Committee on Rules, 9 Assembly Print Number 6399C and substitute it 10 for my identical bill. 11 ACTING PRESIDENT WINNER: So 12 ordered. 13 SENATOR ROBACH: I now move that 14 the substituted Assembly bill have its third 15 reading at this time. 16 ACTING PRESIDENT WINNER: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 2044, by Member of the Assembly Gantt, 20 substituted earlier, Assembly Print Number 21 6399C, an act to amend the Public Health Law. 22 ACTING PRESIDENT WINNER: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT WINNER: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT WINNER: Senator 5 Robach, to explain his vote. 6 SENATOR ROBACH: Yes, 7 Mr. President. Let me just say we had passed 8 a different version of this bill earlier in 9 the session. I still maintain that the 10 version we passed, which made some technical 11 amendments that would have had this 12 legislation be effective immediately, would 13 have been preferable. 14 But due to the very, very important 15 nature of lead paint, what it's done, we've 16 made great strides. With Senator Hannon, some 17 of the investments we've made in high-risk 18 areas have really reduced, in many parts of 19 the state by 60 percent, the poisoning of 20 children with lead paint. 21 I really believe this measure, by 22 giving an incentive for people, both in 23 commercial, rental and home ownership 24 properties, as well as testing at ages 1, 2, 25 4, and pregnant mothers high at risk, will

Candyco Transcription Service, Inc.

(518) 371-8910 1 really eliminate almost entirely the scourge 2 of lead paint poisoning in our state. 3 And while I not only feel this is 4 very, very important and good to protect our 5 children, I would even say, from an economic 6 standpoint, besides the human loss when this 7 occurs, is tremendously high -- in special ed 8 needs, all kinds of physical development as 9 well as development of learning, all those 10 kinds of things that lead to many cost 11 problems; unfortunately, sometimes even 12 incarceration later on in life. 13 So while I think we could have got 14 to this spot a little bit earlier, I'm very 15 happy that we got this bill done for the kids, 16 the children and the people of New York State. 17 Very, very important topic. And again, I 18 believe it will almost virtually eliminate 19 lead paint poisoning in the future. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WINNER: 22 Announce the results. 23 THE SECRETARY: Ayes, 49. Nays, 24 0. 25 ACTING PRESIDENT WINNER: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill is passed. 2 Senator Skelos. Senator Libous, 3 excuse me. 4 (Laughter.) 5 SENATOR LIBOUS: He has more hair 6 than I do, Mr. President. 7 ACTING PRESIDENT WINNER: Yes, he 8 does. 9 (Laughter.) 10 SENATOR LIBOUS: We're going to 11 call a 10-minute recess. But I would advise 12 the members, do not go far, because we will 13 have a Rules Committee meeting and then an 14 agenda on the floor. 15 But we're going to just stand at 16 ease for about 10 minutes. 17 ACTING PRESIDENT WINNER: The 18 Senate will stand at ease for approximately 19 10 minutes. 20 (Whereupon, the Senate stood at 21 ease at 11:21 a.m.) 22 ACTING PRESIDENT WINNER: Senator 23 Libous. 24 SENATOR LIBOUS: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 There will be an immediate meeting 2 of the Rules Committee in Room 332. 3 ACTING PRESIDENT WINNER: There 4 will be an immediate meeting of the Rules 5 Committee in Room 332. 6 The Senate continues to stand at 7 ease. 8 (Whereupon, the Senate reconvened 9 at 11:46 a.m.) 10 ACTING PRESIDENT WINNER: The 11 Senate will come to order. 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, 14 Mr. President. 15 Can we accept the Rules report, 16 please. 17 ACTING PRESIDENT WINNER: The 18 Secretary will read. 19 THE SECRETARY: Senator Skelos, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 6020, by Senator 23 Skelos, Concurrent Resolution of the Senate 24 and Assembly proposing amendments to the 25 Constitution;

Candyco Transcription Service, Inc.

(518) 371-8910 1 8146B, by Senator Nozzolio, an act 2 to amend the Tax Law; 3 8723, by the Senate Committee on 4 Rules, an act to permit the City of New York; 5 8736, by the Senate Committee on 6 Rules, an act to amend the Real Property Tax 7 Law and the Education Law; 8 And Senate Print 8737, by Senator 9 Skelos, an act to amend the Education Law. 10 All bills ordered directly to third 11 reading. 12 ACTING PRESIDENT WINNER: Senator 13 Skelos. I mean Senator Libous. 14 (Laughter.) 15 ACTING PRESIDENT WINNER: Senator 16 Skelos is here, by the way. 17 SENATOR LIBOUS: He is here, 18 Mr. President. 19 Move to accept the report of the 20 Rules Committee. 21 ACTING PRESIDENT WINNER: All in 22 favor of accepting the Rules report signify by 23 saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT WINNER:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT WINNER: The 4 Rules report is accepted. 5 Senator Libous. 6 SENATOR LIBOUS: Can we take the 7 noncontroversial reading up, and it will be 8 Senate 6020. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 2245, by Senator Skelos, Senate Print 6020, 13 Concurrent Resolution of the Senate and 14 Assembly proposing amendments to the 15 Constitution. 16 ACTING PRESIDENT WINNER: On the 17 resolution, the Secretary will call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT WINNER: Senator 20 Robach, to explain his vote. 21 SENATOR ROBACH: Yes, 22 Mr. President, I just rise -- I'm very happy 23 that we are taking this up today. 24 We constantly talk in this chamber 25 and in our communities about how we can give a

Candyco Transcription Service, Inc.

(518) 371-8910 1 louder voice to the people we have a privilege 2 to represent. Initiative and referendum I 3 believe is the one of the most powerful tools 4 in government that we really can do to reform 5 things and give people a direct voice in their 6 priorities in government. 7 You know, we talk about the voice 8 of the people, government by the people. This 9 really probably is not only the most important 10 but the most powerful tool people have. And I 11 can tell you, when I have held forums and 12 public hearings around my district, people 13 want the ability to do this. 14 I believe half the states in our 15 nation now have some form of initiative and 16 referendum to give people a direct, louder 17 voice. And I'm hopeful that today we will do 18 that as well. 19 It seems almost illogical to say 20 you're for any kind of reform to directly give 21 people a voice and yet be opposed to this. 22 This is a vehicle that has worked everywhere 23 else in the country, and I think that voters 24 and residents of New York should have that 25 right too. And I'm very happy to support this

Candyco Transcription Service, Inc.

(518) 371-8910 1 initiative. 2 Thank you, Mr. President. 3 ACTING PRESIDENT WINNER: Senator 4 Robach will be recorded in the affirmative. 5 Senator Volker, to explain his 6 vote. 7 SENATOR VOLKER: Mr. President, 8 you know, in the past, this bill of course has 9 passed on a number of occasions. 10 And one of the things, the reasons 11 that some people have felt strongly that 12 possibly this shouldn't be passed had to do 13 with the mess that California stirred up. 14 Clearly, the California situation is crazy, 15 and we wouldn't allow that to happen because 16 we would do it in a better way. 17 I think one of the things that I 18 have found over the years is that people do 19 want a more direct voice in government. And 20 in certain areas it makes a lot of sense 21 because we have not been able, for instance, 22 to get the City of New York on many occasions 23 to do certain things that need to be done. 24 And so it seems to a number of us 25 that it is time for us to do changes, and one

Candyco Transcription Service, Inc.

(518) 371-8910 1 of the changes is this initiative and 2 referendum that could be used in the future to 3 make decisions that the Legislature possibly 4 hasn't been able to make. 5 So I vote aye. 6 ACTING PRESIDENT WINNER: Senator 7 Volker will be recorded in the affirmative. 8 Senator Alesi, to explain his vote. 9 SENATOR ALESI: Thank you, 10 Mr. President. 11 This is an exceptional opportunity 12 for each of us to recognize that the 13 responsibility we carry here is to carry the 14 voice of the people from back home to Albany, 15 to work together to try to carry out the 16 wishes of our people that we represent. 17 But they don't have a guarantee 18 that this Legislature can do that. In fact, 19 when most people make a major investment, 20 whether it's a car, a house or something else, 21 they usually get a guarantee that what they're 22 paying money for, what they're investing in 23 will work the way they expect it to work. 24 Initiative and referendum is the 25 best guarantee that the people we represent

Candyco Transcription Service, Inc.

(518) 371-8910 1 can have when this Legislature isn't 2 responding to them, when it's not doing the 3 things that the people back home want to do. 4 So as I have always in the past, 5 and as I will today -- and I hope we won't 6 have to do this again, because I hope we'll 7 get total cooperation in this house and the 8 other house -- I'm voting in the affirmative 9 on initiative and referendum, because I want 10 to give my people that I represent a guarantee 11 that when our Legislature isn't working that 12 they'll have an opportunity to say the things 13 they want on their own behalf and pass those 14 things in the voting booth when it comes time 15 to vote. 16 Thank you, Mr. President. 17 ACTING PRESIDENT WINNER: Thank 18 you, Senator Alesi. You will be recorded in 19 the affirmative. 20 Senator Stavisky, to explain her 21 vote. 22 SENATOR STAVISKY: Yes, thank 23 you, Mr. President. 24 To my colleagues Senator Volker and 25 Senator Robach, I say be careful what you wish

Candyco Transcription Service, Inc.

(518) 371-8910 1 for. The people in California got something I 2 don't think they wished for. 3 If the experience in California 4 with their various propositions is any 5 indication, I don't think that this is going 6 to be a good idea for our state. I vote no. 7 ACTING PRESIDENT WINNER: Senator 8 Stavisky will be recorded in the negative. 9 Senator LaValle, to explain his 10 vote. 11 SENATOR LaVALLE: Thank you, 12 Mr. President. 13 I'm glad I'm following Senator 14 Stavisky, because I just wanted to indicate 15 that Suffolk County has initiative and 16 referendum, under the leadership of Senator 17 Trunzo, myself, and other Suffolk senators who 18 passed that during the early 1980s. 19 And I don't know how you can really 20 be opposed to it to allow people, under 21 certain circumstances, to initiate and then 22 vote and create laws and statutes that they 23 are to be governed under. 24 Suffolk County has been a leader, 25 and we have not had any chaos or any

Candyco Transcription Service, Inc.

(518) 371-8910 1 disruption in the way Suffolk County is run. 2 I vote in the affirmative. 3 ACTING PRESIDENT WINNER: Senator 4 LaValle will be recorded in the affirmative. 5 Any other Senator wish to explain 6 their vote? 7 Senator Diaz. 8 SENATOR DIAZ: Thank you, 9 Mr. President. 10 We have seen over and over 11 throughout the nation, and in this state, 12 judges, judges overruling the will of the 13 people. In different kinds of issues, judges 14 have become legislators. 15 By allowing, by allowing the people 16 to introduce a memorandum or proposal or 17 allowing the people to decide exactly what is 18 what they want, it's a good thing. So like 19 that, no judges and no other people could 20 overrule the people's will. 21 So I think this is a good bill. 22 I'm voting for it. 23 ACTING PRESIDENT WINNER: Senator 24 Diaz will be recorded in the affirmative. 25 Senator Seward, to explain his

Candyco Transcription Service, Inc.

(518) 371-8910 1 vote. 2 SENATOR SEWARD: Thank you, 3 Mr. President. I rise in this support of this 4 legislation. 5 While it is true that it's the job 6 of the members of the Senate and the members 7 of the Assembly to come to Albany to speak and 8 to vote on behalf of our constituents, to be 9 the people's voice in state government -- but 10 let's face it, Mr. President, from time to 11 time there are certain issues that are left 12 unresolved by the legislative process. 13 And when I view initiative and 14 referendum, I see it as the safety valve in 15 state government, in our system, so that when 16 there is overwhelming public support for an 17 issue or a policy and the legislative process 18 has not produced that result that is supported 19 by a vast majority of the people of the state, 20 I say that there should be a vehicle where the 21 people can take matters into their own hands 22 to bring that issue to the forefront and 23 actually vote on that issue at the ballot box. 24 So, Mr. President, I support this 25 legislation. It's a safety valve that we need

Candyco Transcription Service, Inc.

(518) 371-8910 1 in our system. 2 ACTING PRESIDENT WINNER: Senator 3 Seward will be recorded in the affirmative. 4 Senator Perkins, to explain his 5 vote. 6 SENATOR PERKINS: Thank you, 7 Mr. President. I just want to be brief. 8 You know, on the face of it, 9 initiative and referendum sounds very 10 democratic and very much in line with giving 11 the people the opportunity to express their 12 will. And we all are for that. None of us, I 13 would daresay, are against that. It's sort of 14 an important aspect, at least value in terms 15 of what we consider to be our democracy. 16 But the reality is that that's not 17 what happens in terms of those experiences 18 that we've seen, whether it's in California or 19 wherever. Generally speaking, they don't get 20 their will expressed, but they get the will of 21 those who have the wherewithal to control the 22 process, especially those who have the money 23 to control the process. 24 And ultimately, when that happens, 25 the will of the people is actually subverted,

Candyco Transcription Service, Inc.

(518) 371-8910 1 and in fact they wind up regretting the fact 2 that this is the process that resulted in 3 legislation and initiatives that were not in 4 their best interests. 5 In fact, for those of us who are 6 from the city, we know that term limits has 7 crippled city government to a large extent, 8 especially that part of city government that 9 the people wanted as their representatives, 10 which are the City Council, by strengthening 11 extremely the opportunity for the mayor to 12 dictate, as opposed to having the kind of 13 checks and balances that we wanted to see in 14 that body. 15 So, you know, anybody on the face 16 of it would want to support this, but the 17 reality is it doesn't work for the sake of the 18 people. So I'm voting against it. 19 ACTING PRESIDENT WINNER: Senator 20 Perkins will be recorded in the negative. 21 Any other Senator wishing to 22 explain his or her vote? 23 Senator Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President, I rise to explain my 2 vote and ask all of those who have supported 3 this measure to be grateful that in these 4 United States, the highest public office is 5 that of private citizen. 6 Virtually every state west of the 7 Mississippi River in the United States of 8 America has a tool for its citizens entitled 9 initiative and referendum. Our state has been 10 behind the curve in establishing this process. 11 I congratulate the sponsors for 12 bringing it to the floor. It's an issue that 13 we have worked on for many, many years to 14 provide citizens the important access they 15 need to policy matters that are important to 16 them. 17 That is why I'm pleased and honored 18 to support this measure, Mr. President, and 19 urge all my colleagues to do likewise. 20 ACTING PRESIDENT WINNER: Senator 21 Nozzolio will be recorded in the affirmative. 22 Senator Bonacic, to explain his 23 vote. 24 SENATOR BONACIC: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I rise to explain my vote on 2 initiative and referendum. This is something 3 that I have supported for over a decade. 4 Because I remember that when we first ran for 5 office, we were supposed to be the voice of 6 the people and we were supposed to speak for 7 the people. 8 And if ever we could give the power 9 to the people to speak for themselves, we 10 should allow that mechanism for subjects that 11 they think are dear to their heart or affects 12 the quality of their life, like a cap on 13 property taxes. If they felt so strongly 14 about that, they could put that on the ballot. 15 And what I have observed over the 16 years is I think elected officials think 17 they're smarter than the people. They don't 18 trust the wisdom of the people anymore. 19 They're self-impressed with their role as the 20 elected official. 21 And I notice one Senator got up and 22 said: "Well, we saw what happened in 23 California with their actions, it really 24 didn't accomplish what they wanted to 25 accomplish." But the mechanism is there. If

Candyco Transcription Service, Inc.

(518) 371-8910 1 the people made a mistake in judgment on 2 initiative and referendum, they have the right 3 to correct it. Just like we make mistakes in 4 judgment, sometimes, on how we may vote or 5 change our vote. 6 That doesn't mean that the 7 mechanism of initiative and referendum, we 8 shouldn't go there, we shouldn't trust the 9 people. Because they truly are our bosses. 10 So, Mr. President, I vote in favor, 11 and I thank you. 12 ACTING PRESIDENT WINNER: Senator 13 Bonacic will be recorded in the affirmative. 14 Senator Montgomery. 15 SENATOR MONTGOMERY: Yes, 16 Mr. President. I just want to add my voice to 17 those who are expressing concern about the 18 issue of initiative and referendum. 19 We know that there are 20 organizations in this country who have a 21 particular interest, and they generally 22 represent a minority in terms of citizens who 23 perhaps agree with their issue. But they are 24 experts, and they travel all over to every 25 state where they have initiative and

Candyco Transcription Service, Inc.

(518) 371-8910 1 referendum to promote their agenda. And they 2 do it in any number of ways, including 3 manipulating the petitioning process. 4 They confuse voters by misstating 5 and using deceptive language to describe what 6 it is they're doing. And the media is 7 obviously going to be reporting vis-a-vis what 8 the popular story is of the day. 9 And so essentially we have what we 10 don't want to see. Certainly we don't agree 11 with tyranny of the majority, but we also 12 don't want to see tyranny of the minority. 13 And that's what these groups are involved in, 14 engaged in. 15 And it is not about representing 16 the people. It is not in the interests of the 17 people. And I would remind my colleagues, 18 especially on the Republican side, that one of 19 the last things that I remember that former 20 Majority Leader Warren Anderson said to us was 21 that this was a bad idea. 22 So I'm following what Warren 23 Anderson and what so many other people have 24 expressed here today, my colleagues, that this 25 is a bad idea. It does not reflect the

Candyco Transcription Service, Inc.

(518) 371-8910 1 people, and it opens our process up to those 2 people who are able to pay for and manipulate 3 the process, not in the interest of the public 4 at large. 5 So I vote no. 6 ACTING PRESIDENT WINNER: Senator 7 Montgomery will be recorded in the negative. 8 Any other Senator wishing to 9 explain? 10 Senator Krueger. 11 SENATOR LIZ KRUEGER: Thank you. 12 Respectfully disagreeing with some 13 of my colleagues on this side of the aisle, I 14 have actually always supported the I&R 15 legislation before us. I think the devil is 16 in the details. 17 And I think that this bill, which 18 requires signatures from every county in the 19 state, that requires that constitutional 20 amendments that would go to an I&R option 21 would have to go through multiple stages of 22 the Legislature -- that the fact that as much 23 as I agree with my colleagues that I can give 24 examples of I&R decisions in other states 25 where I didn't agree with the outcome, I think

Candyco Transcription Service, Inc.

(518) 371-8910 1 we are living in a world that recognizes that 2 people with money controlling legislation is a 3 two-way street. 4 So my colleagues who are concerned 5 that people with large sums of money might 6 drive an I&R debate should also recognize 7 that, until we deal with campaign finance 8 reform in this state, that money is also 9 driving bills that move through this 10 Legislature or don't. So we have that dilemma 11 in both places at this time. 12 I think that in a world of Internet 13 information, the opportunities for people to 14 get a fair hearing without necessarily having 15 the money to do giant TV ads to educate the 16 public about how difficult some of these 17 decisions would be and for them to understand 18 the meaning of their vote on any initiative or 19 referendum would actually lead to, in many 20 cases, a broader dialogue and debate than we 21 currently allow for in the two houses of this 22 great Legislature. 23 So I recognize there are concerns 24 to be had in an I&R system, and I agree that I 25 can name any number of actions that were made

Candyco Transcription Service, Inc.

(518) 371-8910 1 by other states that I certainly would not 2 have voted for. 3 But having said that, I think the 4 opportunity in a 21st century democracy to 5 broaden the opportunities for the public to be 6 involved and to vote -- one of the things I&R 7 has done is increase voter participation. I'm 8 very interested in things that increase voter 9 participation. 10 And I think in a world of broader 11 access to information, through TV and Internet 12 and other alternatives to mass media, that 13 there is a really solid reason for the State 14 of New York to consider having an I&R option 15 carefully written. 16 And while I might not think this 17 legislation is perfect, because I would like 18 to see it tied into campaign finance reform, I 19 think it's worth the risks that I'm hearing 20 some of my colleagues raise. So I'll be 21 voting yes. 22 Thank you, Mr. President. 23 ACTING PRESIDENT WINNER: Senator 24 Krueger will be recorded in the affirmative. 25 Any other Senators wish to explain

Candyco Transcription Service, Inc.

(518) 371-8910 1 their vote? 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 2245 are 5 Senators Dilan, Duane, Gonzalez, 6 Hassell-Thompson, Montgomery, Parker, Perkins, 7 Savino, Serrano, Stavisky, and Thompson. Also 8 Senator Huntley. 9 Ayes, 46. Nays, 12. 10 ACTING PRESIDENT WINNER: The 11 resolution is adopted. 12 The Secretary will read. 13 THE SECRETARY: In relation to 14 Calendar Number 2246, Senator Nozzolio moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 11258A and substitute it 17 for the identical Senate Bill Number 8146B, 18 Third Reading Calendar 2246. 19 ACTING PRESIDENT WINNER: 20 Substitution ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2246, by Member of the Assembly Magee, 24 Assembly Print Number 11258A, an act to amend 25 the Tax Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT WINNER: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT WINNER: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 2246 are 12 Senators Duane, Maziarz, Winner and Young. 13 Ayes, 54. Nays, 4. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 2247, Senator Skelos moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 11773 and substitute it 20 for the identical Senate Bill Number 8723, 21 Third Reading Calendar 2247. 22 ACTING PRESIDENT WINNER: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 2247, by the Assembly Committee on Rules, 2 Assembly Print Number 11773, an act to permit 3 the City of New York to operate. 4 ACTING PRESIDENT WINNER: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WINNER: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT WINNER: Senator 12 Duane, to explain his vote. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 I just want to make this first very 16 important point regarding the siting of a 17 marine transfer station on the Gansevoort 18 Peninsula in a park in my district. 19 As I have said on this floor 20 before, we have another place for this 21 transfer station. It is also in my district. 22 It is just a few blocks away from the 23 Gansevoort Peninsula. It makes more sense. 24 Many of my colleagues know what that site is 25 because their cars have been towed to that

Candyco Transcription Service, Inc.

(518) 371-8910 1 site. It would be a good place to put a 2 garbage transfer station. 3 It's bad public policy to ruin a 4 part of a park to put a garbage transfer 5 station. The location we have would actually 6 allow more garbage to be transferred. It 7 would get more trucks off the streets of the 8 neighborhoods that have been most negatively 9 impacted by the city's sanitation policies to 10 this point. 11 I urge my colleagues to vote 12 against it. I think my colleagues know that 13 in their own districts, when they have a 14 better site for a municipal service, that the 15 local member should be listened to. 16 In this case, for public policy 17 reasons, for listening to the local elected 18 officials who know their districts the best, 19 and if we are really going to be able to have 20 a sanitation waste policy in New York City 21 that really works, everyone should vote 22 against this. 23 And even if you don't care about 24 all of that, the irony is that putting the 25 waste transfer station on Gansevoort means

Candyco Transcription Service, Inc.

(518) 371-8910 1 that nothing can be done until 2012, because 2 the city itself signed a stipulation saying 3 that they could not touch Gansevoort with any 4 more sanitation facilities till 2012. The 5 tow-pound facility, just a few blocks away, 6 they could start working on tomorrow. 7 So I urge my colleagues to vote no. 8 Thank you. 9 ACTING PRESIDENT WINNER: Senator 10 Duane will be recorded in the negative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 2247 are 14 Senators Adams, Aubertine, Breslin, Connor, 15 Duane, Gonzalez, Hassell-Thompson, Huntley, 16 C. Johnson, Klein, L. Krueger, Onorato, Parker 17 and Valesky. 18 Ayes, 44. Nays, 14. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 The Secretary will now read 22 Calendar Number 2249. 23 THE SECRETARY: Calendar Number 24 2249, by Senator Skelos, Senate Print 8737, an 25 act to amend the Education Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT WINNER: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the same date and in 5 the same manner as Section 1 of a chapter of 6 the Laws of 2008. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT WINNER: Senator 11 Skelos, to explain his vote. 12 SENATOR SKELOS: Thank you, 13 Mr. President. 14 And I thank all my colleagues for 15 being here today. I know that perhaps it was 16 a bit inconvenient -- 17 ACTING PRESIDENT WINNER: Senator 18 Skelos, will you suffer an interruption? 19 May we have some order, please. 20 SENATOR SKELOS: Thank you, 21 Mr. President. 22 I know perhaps it was a bit 23 inconvenient, but really the people of the 24 State of New York are crying out for the 25 Legislature and for all levels of government

Candyco Transcription Service, Inc.

(518) 371-8910 1 to start controlling real property taxes, 2 which are strangling and overburdening too 3 many of our good citizens. 4 Since becoming Majority Leader, 5 I've had the opportunity to travel most parts 6 of New York State, starting in the western 7 part of the state, Buffalo -- where I was 8 there for the Inner Harbor dedication -- the 9 Erie Canal, which eventually ends up in the 10 Atlantic Ocean, near where I reside. 11 And no matter what part of the 12 state, the one comment I received that was 13 universal: We have to control property taxes, 14 property taxes are strangling us, and 15 something has to be done. 16 I want to thank Governor Paterson 17 for being bold in the beginning of his term as 18 Governor, who has sent us a property tax cap 19 bill. 20 This is really going to be the 21 first step, I believe, in not just capping 22 property taxes but reducing property taxes -- 23 that's our ultimate goal -- and also 24 maintaining the quality of education that we 25 expect for all of our children, whether you

Candyco Transcription Service, Inc.

(518) 371-8910 1 live on Long Island, the Capital Region, or 2 the western part of the state. 3 The legislation that we are voting 4 on now helps put many of the pieces of the cap 5 puzzle in place. We will put a cap on local 6 pension costs, which will help all school 7 districts throughout the state, including the 8 City of New York and the Big Five. 9 We'll create incentives for school 10 districts to have energy audits. And if they 11 look to improve the energy efficiency within 12 their schools, the state will work with them 13 and help reimburse those costs. 14 We'll provide flexibility in 15 contracting concerning fuel costs, we'll ban 16 unfunded mandates, and we'll do many other 17 positive things to ease the burden on our real 18 property taxpayers. 19 So today our focus is on real 20 property taxes, but it is really a focus on 21 the budget of our families throughout the 22 State of New York. The Senate is sending a 23 clear and strong message that we are serious 24 about real property tax relief, and I hope 25 that the Speaker and the Assembly will join us

Candyco Transcription Service, Inc.

(518) 371-8910 1 in that endeavor. 2 And I appreciate everybody 3 supporting this legislation. 4 ACTING PRESIDENT WINNER: Senator 5 Skelos will be recorded in the affirmative. 6 Senator Robach, to explain his 7 vote. 8 SENATOR ROBACH: Yes, 9 Mr. President. I'm happy to support this. 10 I couldn't agree more; everywhere 11 you go, we definitely need to do something 12 about property tax relief. I believe this is 13 an attempt to do that along with the Governor. 14 But I'm also happy because I think 15 we're also responding to another issue that at 16 least the people in my district care about 17 too, and that's protecting, simultaneously, K 18 through 12 education. Not only trying to get 19 give relief and help in some of the unfunded 20 mandates and assist that way, but also, as 21 part of this package, making a commitment 22 similar to foundation aid or CFE that we're 23 going to continue to take money off property 24 taxes but we in the state, off more 25 progressive income taxes and other things,

Candyco Transcription Service, Inc.

(518) 371-8910 1 will fund more of K through 12 education. 2 I think that makes this easy to 3 support and, again, responsive to what I'm 4 hearing from people in my district and I think 5 people in the state want us to do. Those, 6 coupled together, make this a win, in my 7 opinion. 8 And I know the dialogue will 9 continue. But I say it, and I think we should 10 all be aware of it, people want tax relief. 11 It will give us challenges down the road for 12 us to pick up more of K through 12 education 13 and continue on this historic commitment that 14 we've already made to K through 12 education. 15 But clearly, I believe policywise 16 it's the right thing to do, but more 17 importantly, responsively to our publics, it 18 even makes it more of the right thing to do. 19 And I vote in the affirmative. 20 ACTING PRESIDENT WINNER: Senator 21 Robach will be recorded in the affirmative. 22 Senator Diaz, to explain his vote. 23 SENATOR DIAZ: Thank you, 24 Mr. President. 25 Today we were called back to deal

Candyco Transcription Service, Inc.

(518) 371-8910 1 with this issue. Protect the schools, lower 2 property taxes, close the deficit are the 3 challenge of the New York State Legislature. 4 Governor Paterson has said that the 5 state's current estimates predict that 6 New York is facing a $630 million deficit. 7 Senator Skelos just says that the property 8 taxes are strangling residents of the state. 9 And they're both right, Governor Paterson 10 announcing that the state is in a fiscal 11 crisis, and Senator Skelos saying that the 12 property taxes are strangling many in the 13 state. 14 However, in the City of New York, 15 in the area that I represent, there were 16 people throughout the City of New York, 17 throughout the state fighting for the Campaign 18 for Fiscal Equity and to protect education, to 19 protect schools. To come here and vote 20 against this without at least saying there is 21 other things to do is unfair. 22 So I'm voting no, but I'm going to 23 give Governor Paterson and Senator Skelos and 24 all my colleagues places to go to solve the 25 problem that we are facing without, without

Candyco Transcription Service, Inc.

(518) 371-8910 1 killing the needy and without putting the 2 state against the city and the city against 3 the state. 4 However, let me tell you something. 5 I'm going to give you a few suggestions for 6 Governor Paterson. Because it's easy to say 7 the state is in fiscal crisis, let's do 8 something about it. And every time that we do 9 something about it, we kill blacks and 10 Hispanics and the minorities. So to protect 11 everyone, I'm going to suggest some solutions. 12 Number one, if we ask the top 13 ten -- if we ask the 1 percent of everyone 14 earning more than $10,000 per week to pay a 15 bit more in taxes, we will come out with close 16 to $6 billion. 17 Number two, if we tax the 18 nontaxable cigarettes in the Indian 19 reservations and we tax those freebies up 20 there, we will come out with between 21 $500 million and $600 million. 22 Something that I have been saying, 23 I have been coming here to explain and to say 24 what we're going to do to help the state in 25 the fiscal crisis. I'm telling you, number

Candyco Transcription Service, Inc.

(518) 371-8910 1 one -- I have been saying, I have been 2 saying -- nobody listens, but I have been 3 saying if we order, if we order the credit 4 card companies to send directly to the state 5 the taxes that they charge people when they 6 buy with -- if I go to buy something with a 7 credit card, my taxes, the credit card 8 companies send the taxes back to the merchant. 9 Those taxes, the majority of those 10 taxes, about $500 million of those taxes never 11 gets to the state, because some merchants will 12 report an estimate, some merchants will say 13 they go bankrupt, and the taxes will never 14 come to the state. 15 If we force, if we pass a law 16 ordering the credit card companies to send the 17 taxes straight to the state, we will get 18 $500 million there. But nobody wants to do 19 that, the Governor. 20 Now, if we purchase bulk 21 prescription drugs in bulk, we will save 22 money. So there are plenty, plenty ways to 23 protect the state to solve the fiscal crisis 24 without putting the state against the city and 25 without hurting the needy and without hurting

Candyco Transcription Service, Inc.

(518) 371-8910 1 the education system in the City of New York. 2 So I am proposing to the Governor, 3 Governor, here is some issues. Here is some 4 issues. Senator Skelos, here are some issues 5 that you could do easy. Tax, tax the Indian 6 reservation nontaxable cigarettes. Tax the 7 person that makes $10,000 a week, 1 percent of 8 those. Force the credit card companies to 9 send the taxes back to the state. We will 10 solve the fiscal crisis. 11 But no, the easy way out is let's 12 do this, let's cap the property tax so the 13 City of New York and the people, the education 14 system will lose money and poor people will 15 get hurt. That's the easy way out. We always 16 do that, taking the easy way out. But we 17 never will go against the interest groups, we 18 will never go against the people that will 19 support us in campaigning because they put the 20 money and support us. We never would do that. 21 I am telling you, here there is a 22 way to do it. So, ladies and gentlemen, I'm 23 voting no, because this is something that the 24 Governor, because the press is saying because 25 the Governor wants to look good and what the

Candyco Transcription Service, Inc.

(518) 371-8910 1 press is saying, oh, this is something that we 2 have to do. 3 Let's do what I'm saying, and we 4 end the whole thing. Thank you very much. 5 ACTING PRESIDENT WINNER: Senator 6 Diaz will be recorded in the negative. 7 Ladies and gentlemen, my 8 colleagues, I would remind you that we're on a 9 roll call. We've been very lenient with 10 regard to the two-minute rule. But in respect 11 to all of our colleagues, we would hope that 12 you would try to adhere to that to the best of 13 your ability. 14 Senator Nozzolio, to explain his 15 vote. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 As Senator Skelos said, property 19 taxes are the number-one issue on the minds of 20 New Yorkers today. And that should be no 21 secret. 22 When our taxes, our property taxes 23 are almost 80 percent higher than the national 24 average, when we have many counties in upstate 25 that have the highest property taxes when

Candyco Transcription Service, Inc.

(518) 371-8910 1 considered as a percentage of home value than 2 any other state in the nation, when we have 3 our important issues like healthcare and 4 education funded by the property tax, which is 5 no longer an indicator of ability to pay, 6 change must occur. 7 And that's what is happening here 8 today with the enactment of this measure and 9 the next legislative measure we will enact, 10 that property taxes will be capped to relieve 11 our overburdened property taxpayer. 12 But we also will be holding the 13 line on the costs that local school districts 14 must bear for pension costs, for energy costs, 15 for other unfunded mandates, in order to be a 16 better partner with those local school 17 districts. Also ensuring that we maintain the 18 commitment to funding education that is so 19 essential to our state's future. 20 We can reform the system. This is 21 a first step in reforming the antiquated, 22 overburdened property tax system in our state. 23 I'm proud to take this first step. More must 24 be done. If we continue to work with the 25 Governor as we are doing now, we can achieve

Candyco Transcription Service, Inc.

(518) 371-8910 1 that objective. 2 And that's why, Mr. President, I 3 support this matter. 4 ACTING PRESIDENT WINNER: Senator 5 Nozzolio will be recorded in the affirmative. 6 Senator Padavan, to explain his 7 vote. 8 SENATOR PADAVAN: Thank you, 9 Mr. President. 10 I want to draw attention to one 11 section of this bill which is critically 12 important to all of us, the entire state, but 13 more important to the City of New York than 14 perhaps elsewhere. That's Part H, which deals 15 with the foundation aid portion of the 16 legislation. 17 We were all involved certainly in a 18 very positive way with the Campaign for Fiscal 19 Equity settlement. We know the tremendous 20 results that we were able to achieve for 21 funding, particularly in the City of New York, 22 as a result of that initiative. 23 And I draw your attention to that 24 section of the bill which reaffirms the 25 four-year commitment in the aggregate amount

Candyco Transcription Service, Inc.

(518) 371-8910 1 statewide of over $18 billion, and the 2 addition of the $2.2 billion to that currently 3 having been provided last year and this year, 4 for a total of $3.3 billion for the City of 5 New York. 6 The result of this is that we will 7 continue to move forward with those issues 8 that are important in terms of class size, 9 reduction in overcrowding, and all of the 10 important parameters of that CFE initiative. 11 So when you vote for this bill, and 12 I hope you will, please keep in mind that as 13 far as the City of New York is concerned, 14 while we're not part of the cap -- because the 15 city and the other five big cities are not 16 included in here -- but what is included is an 17 affirmation of the funding stream that will 18 come to the City of New York. 19 I vote aye. 20 ACTING PRESIDENT WINNER: Senator 21 Padavan recorded in the affirmative. 22 Senator Saland, to explain his 23 vote. 24 SENATOR SALAND: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President, I rise in support of 2 this omnibus comprehensive measure. And I 3 would particularly like to take my time to 4 point to the fact that once again this 5 Majority, this house is making it clear that 6 unfunded mandates simply have to be, at long 7 last, put to rest. 8 We have, time and again in this 9 house, been operating in a vacuum. And if 10 we're going to do what we all hope to do, 11 which is accomplish real property tax reform, 12 there's more than one prong to that attack. 13 Unfunded mandates are costly, they 14 come from Washington in the form of the 15 failure to fund IDEA, they come from 16 Washington in the form of failure to fund No 17 Child Left Behind. But we also ourselves have 18 been guilty of unfunded mandates, although 19 we've done our best over the course of the 20 last six years to stem them. 21 What we have done, very 22 importantly, here is to say that there will be 23 no longer a litany of unfunded mandates, we 24 will not allow other entities in New York such 25 as the Board of Regents or the Ed Department

Candyco Transcription Service, Inc.

(518) 371-8910 1 to superimpose unfunded mandates during the 2 course of a school year. 3 If in fact they're going to take 4 that course -- we certainly do not want them 5 to take that course -- they are going to be 6 required to wait and do it in advance of the 7 school year so that at least that school 8 district has the ability or all school 9 districts have the ability to have notice and 10 be able to plan for instead of being suddenly 11 dropped in their lap. 12 We are also talking once again 13 about doing away with the multitude of 14 redundant paperwork requirements that have 15 been imposed by both SED and the Regents. We 16 probably can eliminate dozens and dozens 17 merely by the inclusion of this particular 18 portion of the measure in this bill. 19 We also are talking about changing 20 the system of providing enhancements for 21 consolidation, encouraging particularly 22 smaller school districts with student bodies 23 or student counts of less than 1,000 to avail 24 themselves of the opportunity to get 25 additional state aid.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I would also point out that a 2 portion of that state aid would also be 3 reduced to reduce the tax levy as well as to 4 provide for sharing of superintendents. 5 This is a very important bill. The 6 mandate relief portion and the cost 7 containment are particularly important 8 elements of this bill and particularly 9 important elements of resolving the obviously 10 now clearly acknowledged and overly painful 11 problems of dealing with property taxes. 12 And I certainly cast my vote in the 13 affirmative. 14 ACTING PRESIDENT WINNER: Senator 15 Saland will be recorded in the affirmative. 16 Senator Fuschillo, to explain his 17 vote. 18 SENATOR FUSCHILLO: Thank you 19 very much, Mr. President. Just briefly. 20 I want to thank the Majority 21 Leader, my Republican colleague, Senator Dean 22 Skelos, for putting this on the floor today. 23 And I want to thank our Governor, 24 David Paterson, for his initiative. Since 25 coming into office he realized from the onset

Candyco Transcription Service, Inc.

(518) 371-8910 1 that providing property tax relief is not a 2 partisan issue. So we join with him in a 3 bipartisan fashion to finally say enough is 4 enough. 5 How many times can we keep coming 6 back to this body and preaching that we need 7 property tax relief? People need relief. 8 It's the number-one issue. It's all I hear 9 wherever I go. 10 But we're at a crossroads, and 11 we've been here for a long time. Do we 12 continue down the road that is choking people 13 to death where they don't know what to pay, 14 what bill this month, because they have to pay 15 their mortgage and their property taxes? 16 Or do we take the path that finally 17 says: We've heard you, we're joining the 18 Governor in a bipartisan fashion and realizing 19 that the time has come to stop the talk, to 20 stop preaching on this floor that "I'm going 21 to do something" where now you're saying, 22 "Well, it may not work." 23 Governor Paterson, I salute you, 24 and we join with you, this Republican 25 majority, to provide real, meaningful tax

Candyco Transcription Service, Inc.

(518) 371-8910 1 relief. 2 Mr. President, I vote yes. 3 ACTING PRESIDENT WINNER: Senator 4 Fuschillo will be recorded in the affirmative. 5 Senator Breslin, to explain his 6 vote. 7 SENATOR BRESLIN: Thank you, 8 Mr. President. I rise to talk about the cap 9 and what it means to some of the districts in 10 my district. 11 I have the City of Albany that has 12 10 charter schools, partly because we passed 13 legislation approving charter schools. I 14 doubt whether they can live within that cap. 15 I have a very poor rural district 16 that has enormous transportation requirements. 17 I doubt it can live within that cap. 18 They have separate school boards, 19 they have elections, and they make decisions 20 on whether to approve in each district. I've 21 had town meetings when I have talked to 22 people, people on fixed incomes, and they said 23 to me: "Will this cap help me? Will it 24 reduce my taxes? Will it help me pay my tax 25 bill at a time when I'm looking at

Candyco Transcription Service, Inc.

(518) 371-8910 1 pharmaceuticals, a fixed income, high heating 2 oil?" I say, "No, it won't. It won't do 3 that." 4 And it's up to us to do that. It's 5 up to us to do that in an comprehensive, 6 honest way. And in my belief, this bill does 7 not do that. 8 And accordingly, I vote no. 9 ACTING PRESIDENT WINNER: Senator 10 Breslin will be recorded in the negative. 11 I want to remind the members that 12 we're on Calendar Number 2249. And we went 13 out of order and skipped 2248. And we'll 14 return to 2248 upon the adoption of this 15 particular measure. 16 So Senator Breslin will be recorded 17 in the affirmative. 18 Senator Alesi, to explain his vote. 19 SENATOR ALESI: Thank you, 20 Mr. President. 21 Given the opportunity to make these 22 remarks on behalf of the three-quarters of the 23 people in the state that say they favor a 24 property tax cap, I want to congratulate our 25 Governor, who has shown a great willingness to

Candyco Transcription Service, Inc.

(518) 371-8910 1 work in a bipartisan fashion on behalf of 2 those same three-quarters of the people. 3 I can't imagine how we could ignore 4 that, when three out of four people would like 5 to have a tax cap. 6 For those members of this body that 7 say it does not work, for those that either 8 don't understand it or would mislead their 9 constituents, it's clear to me that there is 10 nothing in this property tax cap that bridles 11 people in any way, shape or form. In fact, it 12 gives constituents and taxpayers the 13 opportunity to override the tax cap, given 14 enough votes at the local level. 15 On the other hand, it actually 16 gives them the opportunity to underride, where 17 they can actually set a lower cap or no cap at 18 all. 19 So given the opportunity to join 20 the Governor on this initiative, I'm pleased 21 to join those who reasonably see it as a means 22 of helping our local property taxpayers and 23 doing the right thing for them. 24 I vote aye. 25 ACTING PRESIDENT WINNER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Alesi will be recorded in the affirmative. 2 Senator Krueger. 3 SENATOR LIZ KRUEGER: Thank you. 4 Well, I rise to clarify what I 5 think you just attempted to clarify. So thank 6 you, Mr. President. 7 We're not on the tax cap bill, 8 we're on the mandate relief bill. And I know 9 many of us want to talk about the tax cap 10 bill, including me. But I will wait till that 11 time to do so. 12 But on the mandate relief bill, I 13 have to say while I have some concerns about 14 some of the costs that I don't think we've 15 really analyzed thoroughly, I think it's an 16 important piece of legislation for us to move 17 forward with. It recognizes the changing 18 realities on assessment issues, which I think 19 are critical throughout our state, and it 20 creates a blue-ribbon commission on 21 determining a best way to do assessments. 22 It creates a blue-ribbon commission 23 on mandate relief and the recognition that we 24 and the localities both need to sit down and 25 have a better understanding of what the costs

Candyco Transcription Service, Inc.

(518) 371-8910 1 are when we create a new mandate or when they 2 vote to do something for themselves and the 3 relationship between the two levels of 4 government, state and local. 5 I have some concerns about the 6 pensions we are committing to taking on within 7 this bill. But like Senator Padavan, I am 8 excited that it commits us to the formula base 9 numbers that we are obligated, in my opinion, 10 to follow based on the Campaign for Fiscal 11 Equity decisions and the actions that we've 12 taken in the last several years. 13 So I by and large think that this 14 bill, while it has some issues I'm concerned 15 about, is a decent bill. It's the kind of 16 bill we should be talking about three-way, in 17 this house, the Assembly, and with the 18 Governor. 19 And so I'm encouraging my 20 colleagues to vote yes on this bill and, 21 again, just reminding everyone we all got a 22 little confused, in our passion around taxes, 23 on which bill we were on. 24 Thank you, Mr. President. 25 ACTING PRESIDENT WINNER: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator Krueger, for your germane remarks 2 with regard to the mandate bill that we are 3 on, 2249. 4 Again, I would remind the members 5 that we are voting on Calendar Number 2249, 6 which is the, quote, mandate relief, unquote, 7 package -- and not the tax cap measure, which 8 is 2248, which we will take up subsequent to 9 the enactment of this measure. 10 Senator LaValle, to explain his 11 vote on the mandate relief package. 12 SENATOR LaVALLE: Thank you, 13 Mr. President. Yes, I am aware this is the 14 mandate relief bill. 15 What I wanted to say is, as has 16 been said before, there is no doubt the 17 number-one issue that people we represent 18 want, demand, is real property tax relief. 19 This house and this Majority have put forth 20 more bills to address this issue, not only 21 this year but in other years. 22 This bill puts together something 23 that school districts have talked about. This 24 bill allows for and will give real relief to 25 our districts, thereby translating relief to

Candyco Transcription Service, Inc.

(518) 371-8910 1 the taxpayer. 2 We have done this in other forms 3 before, and I hope that the Assembly will join 4 us in this measure and also, when we get to 5 the last bill, that they will join us in that 6 endeavor, to ensure that we are meeting our 7 commitment, our constitutional oath to the 8 people that we represent. 9 And so I vote in the affirmative on 10 this measure, Mr. President. 11 ACTING PRESIDENT WINNER: Senator 12 LaValle will be recorded in the affirmative. 13 Senator Little, to explain her 14 vote. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 I rise today in support of this 18 piece of legislation because, as we all know, 19 in order to contain property taxes you have to 20 control costs. In order to control costs, the 21 State of New York has to begin to work with 22 our school districts in mandate relief. 23 Many of these bills have been 24 proposed before. They're all together in this 25 nine-part package. We look at making it

Candyco Transcription Service, Inc.

(518) 371-8910 1 easier for schools to share services, we look 2 at helping them with their pension costs that 3 exceed 4 percent. 4 And, in Section I, which is the 5 last section of the bill, we really take a 6 look at how assessments are done. And this is 7 an important part of any taxing jurisdiction. 8 And it's very, very important to the person 9 who is being taxed as to how their assessment 10 was attained and why their assessments are 11 going up. 12 This bill will help make assessing 13 uniform throughout the state. It also calls 14 for a blue-ribbon commission, and it freezes 15 assessments for two years. So for two years, 16 there will be a moratorium on increasing 17 assessments while a blue-ribbon commission 18 looks at how can we do a better job in 19 assessing in New York State, how can we make 20 assessing more uniform, how can we help local 21 governments reduce assessments when the market 22 value on their home goes down. 23 All of these things will be worked 24 on by a blue-ribbon commission, and for two 25 years a person's assessment will not increase

Candyco Transcription Service, Inc.

(518) 371-8910 1 unless they add onto their home or make some 2 major improvements or build a new house, there 3 could be a new assessment. 4 The example I'd like to show you is 5 that in one of my counties there are 17 towns, 6 and there are numerous assessors assessing 7 property. I had an instance where we had two 8 towns with lakefront on Lake George. One 9 assessor was assessing lakefront pin to pin. 10 The second assessor from the other town was 11 assessing every little linear foot, whether 12 you had a little peninsula, a cove, or 13 whatever. Then they came up with the value, 14 then they used comparable sales. 15 It's not fair. And what we're 16 looking for is more equitable, fair assessing. 17 When I talked to the Office of Real Property, 18 they told me they only have guidelines. They 19 can't enforce anything or tell any town 20 assessor which of those guidelines to choose 21 or how you could have uniform assessing 22 throughout a county. 23 So this is a very important bill. 24 I commend Senator Skelos. I was happy to join 25 with him certainly on this section of the bill

Candyco Transcription Service, Inc.

(518) 371-8910 1 and the separate piece of legislation. But 2 I'm really pleased that it's incorporated into 3 it, because looking at how we assess property 4 from New York State is going to help us with 5 real property tax reform. So thank you. 6 And I vote aye on this bill. 7 ACTING PRESIDENT WINNER: Senator 8 Little will be recorded in the affirmative. 9 Senator Morahan, to explain his 10 vote. 11 SENATOR MORAHAN: Thank you, 12 Mr. President. 13 I also rise in support of this 14 landmark legislation that will provide mandate 15 relief to our school districts, doing those 16 things that they need to have done so that 17 they can be helped in controlling the property 18 tax. 19 Several years ago, about three and 20 a half, four years ago, I started forums 21 within my district on the issue of property 22 taxes, and in particular the school district 23 taxes. And I brought together all the school 24 superintendents of all the school districts 25 within my senatorial district, and we spoke

Candyco Transcription Service, Inc.

(518) 371-8910 1 about what mandates are out there that you 2 feel are driving up your costs. 3 Then I met with all the teachers' 4 unions and asked them the same question: What 5 are the costs and what are the mandates that 6 drive you to be less efficient in the 7 classroom? Tasks that really are not related 8 to the education or in any way productive. 9 Then I met with the business 10 community to see what their input was on what 11 mandates were out there. 12 And they've all reported back to me 13 those mandates and the relief that they need. 14 The teachers came back, the school boards came 15 back, and so did the business community. And 16 they clearly outlined many of the mandates 17 that we're speaking about today that impede 18 them in trying to bring costs under control. 19 And I believe, when we start to 20 talk about capping, when we start to talk 21 about putting limitations on them, it's only 22 fair, just, and required that we do mandate 23 relief as outlined in this bill by Senator 24 Skelos. 25 So I fully support this. I support

Candyco Transcription Service, Inc.

(518) 371-8910 1 the effort to reduce the mandates, to save the 2 money to be used for more productive outlets 3 within the school community and the needs of 4 the education community. 5 So I'm happy to support this bill 6 wholeheartedly, and I want to congratulate the 7 Majority Leader for putting this together, 8 bringing it to the floor. 9 And I hope that we get the support 10 of the Governor, who does support tax capping, 11 but we need his support for tax mandate 12 relief. And we need the support of the 13 Assembly to make this really a red-letter day 14 to the State of New York. 15 Thank you, Mr. President. I vote 16 yes. 17 ACTING PRESIDENT WINNER: Senator 18 Morahan will be recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 58. Nays, 21 0. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2248, by the Senate Committee on Rules, Senate

Candyco Transcription Service, Inc.

(518) 371-8910 1 Print 8736 -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT WINNER: The 5 bill is laid aside. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if we could have unanimous consent to have the 9 last section read and allow two members to 10 vote. I know that Senator Nozzolio has a 11 personal issue -- his brother passed away, and 12 we extend or deepest sympathy to you, Mike -- 13 and I believe Senator Gonzalez also has 14 something. 15 So if we could now read the last 16 section and call the roll so these two members 17 could vote. 18 ACTING PRESIDENT WINNER: The 19 Secretary will read the controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 2248, by the Senate Committee on Rules, Senate 23 Print 8736, an act to amend the Real Property 24 Tax Law and the Education Law. 25 ACTING PRESIDENT WINNER: Read

Candyco Transcription Service, Inc.

(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 23. This 3 act shall take effect February 1, 2009. 4 ACTING PRESIDENT WINNER: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT WINNER: Senator 8 Nozzolio. 9 SENATOR NOZZOLIO: Aye. 10 ACTING PRESIDENT WINNER: Senator 11 Gonzalez. 12 SENATOR GONZALEZ: No. 13 ACTING PRESIDENT WINNER: The 14 roll call is now withdrawn. 15 Senator Duane, I believe. 16 SENATOR DUANE: I laid it aside, 17 Mr. President. 18 ACTING PRESIDENT WINNER: Senator 19 Skelos. 20 SENATOR SKELOS: Mr. President, I 21 believe you did close the roll. 22 And now if we could take up the 23 bill, controversial. 24 ACTING PRESIDENT WINNER: The 25 bill is before the house.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Klein. 2 SENATOR KLEIN: Thank you, 3 Mr. President. 4 I believe there's an amendment at 5 the desk. I ask that the reading of the 6 amendment be waived, and I ask to be heard on 7 the said amendment. 8 ACTING PRESIDENT WINNER: The 9 reading is waived and you may be heard on the 10 amendment, Senator Klein. 11 SENATOR KLEIN: Thank you, 12 Mr. President. 13 I too want to thank our Governor 14 for dealing with the important issue of 15 property taxes. Also Tom Suozzi, who chaired 16 the Governor's commission. 17 If you look at that report, it 18 truly is a blueprint for reform. And I think 19 the legislation, the various pieces of 20 legislation we're voting on today reflect some 21 of the things pointed out in the Suozzi 22 report. 23 Unfortunately, I believe there's no 24 silver bullet to solve the problem of property 25 taxes. I think we really need a comprehensive

Candyco Transcription Service, Inc.

(518) 371-8910 1 approach. 2 I too have worked very hard over 3 this year meeting with my constituents. I 4 held forums within every school district that 5 I represent in Westchester County. And I 6 think, when people ask me, "Well, is it an 7 important issue" -- and I always say property 8 taxes, I believe, in Westchester is the number 9 one, the second and third most important issue 10 to people. 11 People generally think their 12 education system in their school district is 13 very, very good. But unfortunately, they're 14 being choked in how to pay for it. 15 So I think when we deal with as 16 important an issue as property taxes, we need 17 to take, as I said, a very comprehensive 18 approach. Unfortunately, we're not doing that 19 today. 20 My legislation is rather simple. I 21 think it takes into consideration that we do 22 need a cap. However, it has a more palatable 23 cap. Under my legislation, we would not only 24 exclude capital costs, which is contained in 25 the Governor's program bill, but we would also

Candyco Transcription Service, Inc.

(518) 371-8910 1 exclude special education as well as 2 transportation costs. 3 Again, two unfunded mandates, 4 according to most school districts, and also 5 very, very high costs to -- 6 ACTING PRESIDENT WINNER: Senator 7 Klein, could you suffer an interruption so I 8 can get you more order so that we can hear 9 your remarks. 10 SENATOR KLEIN: I would 11 appreciate that, Mr. President. 12 Thank you, Mr. President. 13 As I said, we do need a cap, but 14 also we need other things as well. And I 15 don't think we really can do one without the 16 other. 17 The next portion of my legislation 18 reflects many of the mandates we already 19 passed, but I do believe that I need to talk 20 about two of those which are not contained in 21 the bill that we just voted on. 22 First of all, under my legislation, 23 we would allow BOCES to do purchasing of 24 healthcare. We would also allow BOCES to do 25 regional collective bargaining.

Candyco Transcription Service, Inc.

(518) 371-8910 1 One of the problems that we have 2 within school districts is you have bidding 3 wars for teachers' salaries. Teachers do a 4 tremendous job in educating our young people, 5 but there should not be such a large disparity 6 in salaries. 7 I know I represent the Village of 8 Bronxville, which pays their teachers, on 9 average, $110,000. If you go to Tuckahoe, in 10 my district, which is less than a mile away, 11 those teachers get paid $75,000 or $85,000 a 12 year on average. 13 I don't think the quality of those 14 hardworking teachers is any better in 15 Bronxville. But unfortunately, I have some 16 school districts that continue to believe if 17 they pay their teachers $110,000, they're 18 going to get the best teachers there is. 19 So I think if we can control the 20 salaries that are paid to teachers on a 21 regional basis, or even on a county basis, I 22 think we can get that cost under control. 23 It just makes sense to allow BOCES 24 to actually purchase health insurance as well 25 as workmen's comp insurance. They buy in

Candyco Transcription Service, Inc.

(518) 371-8910 1 larger numbers. It makes more sense instead 2 of having individual school districts make 3 those purchases. So I think that's important 4 that we should add to the mandate legislation 5 that we also passed here today. 6 Finally, the third prong of my 7 legislation, which I think again works hand in 8 hand with the other two, is a STAR circuit 9 breaker. I think most of us here know Senator 10 Little has introduced a bill, along with Sandy 11 Galef in the Assembly, which I think makes a 12 lot of sense. 13 My portion is different in one 14 respect. We would not exclude people who only 15 have been -- in other words, we don't have the 16 mandate that they have to live in their homes 17 for five years. Because I think one of the 18 things -- we know that high property taxes 19 certainly has a detrimental impact on our 20 senior citizens, but it also has a detrimental 21 impact on those who are new homeowners. What 22 we're doing is pricing young people out of the 23 American dream of homeownership. 24 A circuit breaker is just a fairer 25 system. Instead of basing property taxes on

Candyco Transcription Service, Inc.

(518) 371-8910 1 the price of a home, it bases it on the amount 2 of property taxes someone pays in relation to 3 their income. It makes sense. 4 Also under the legislation, the way 5 we have sort of a cost containment under the 6 circuit breaker, only people who make under 7 $250,000 a year would enjoy any relief under 8 this plan. 9 Again, as I said before, I think 10 what we really need to be doing is something 11 that will be palatable to the Assembly. I 12 think it's our duty here to start the ball 13 rolling, pass a piece of legislation that 14 would eventually become law. 15 I'm glad the Majority Leader, 16 Senator Skelos, called us back today to deal 17 with this important problem. But 18 unfortunately, here we are in August passing a 19 one-house bill. 20 I think we need something that 21 looks more like my plan, which I think really 22 strikes a balance in making sure that we put a 23 cap on property taxes, making sure we 24 alleviate some of the unfunded mandates that 25 our school districts are constantly talking

Candyco Transcription Service, Inc.

(518) 371-8910 1 about and, most importantly, making sure that 2 the taxpayers who need relief get the relief 3 they deserve. 4 I thank you, Mr. President. 5 ACTING PRESIDENT WINNER: Senator 6 Skelos, on the amendment. 7 SENATOR SKELOS: If I could just 8 take an opportunity to comment and just point 9 out concerning the amendment, number one, when 10 it comes to the so-called circuit breaker and 11 many of the other parts of the amendment, I 12 don't believe that Governor Paterson has asked 13 the Minority to amend his bill. 14 Certainly he hasn't asked us to do 15 it. In fact, he sent up two amendments this 16 week that made technical amendments to the cap 17 bill and essentially asking that it remain 18 clean, as it is under the Senate's proposal. 19 We had a discussion with Tax and 20 Finance about the ramifications of the 21 proposal by Senator Klein and other members in 22 the Minority, many of them from New York City. 23 We found out under that proposal, 1.6 million 24 property taxpayers in New York State would 25 lose property tax relief under your amendment.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Upstate New York -- I think these 2 are compelling statistics -- almost 3 1.5 million taxpayers received property tax 4 rebate checks in 2007. Under the Minority's 5 circuit-breaker plan, 623,000 would receive 6 that circuit-breaker benefit and 833,000 7 upstate citizens, hardworking people that are 8 struggling with their property taxes, would 9 lose their STAR rebate check and in fact 10 receive no benefit. 11 They're in Senator Valesky's 12 district, they're in Senator Aubertine's 13 district, they're in Senator Stachowski's 14 district, and they're in many of our 15 colleagues' districts up here that represent, 16 that represent upstate communities. 17 On Long Island, on Long Island 18 right now, 580,000 taxpayers received rebate 19 checks in 2007. Under this proposal, 20 379,000 -- 379,000, Senator Craig Johnson -- 21 would lose all relief. They would not get 22 circuit breaker, and they'd lose their 23 property tax relief with the rebate check. 24 New York City, 471,000 rebate 25 checks in 2007; 360,000 would lose their

Candyco Transcription Service, Inc.

(518) 371-8910 1 benefit. Under Senator Klein's and many of 2 you who have sponsored and are supporting the 3 amendment, they would lose the benefit. And 4 in the Hudson Valley, over 54,000 individuals 5 would lose the benefit. 6 So again, 2.9 million New York 7 State taxpayers received rebate checks in 8 2007. And our friends from the Minority who 9 claim to be sensitive to the real property 10 plight of citizens throughout the state are 11 looking to take the benefit away from 12 1.6 million people. 13 I think it's the wrong way to go, 14 and I would urge members here not to be in 15 agreement on this amendment. 16 ACTING PRESIDENT WINNER: Senator 17 Craig Johnson. 18 SENATOR CRAIG JOHNSON: Thank you 19 very much, Mr. President. On the amendment. 20 ACTING PRESIDENT WINNER: Senator 21 Johnson, on the amendment. 22 SENATOR CRAIG JOHNSON: Thank 23 you. 24 And I thank Senator Klein for his 25 leadership on this issue.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I think what's important about the 2 amendment that we have offered today is, in a 3 comprehensive package, it offers to do three 4 things. It offers to provide a cap on a 5 property tax increase, it provides an 6 opportunity to reduce the property taxes by 7 addressing unfunded mandates and, critically, 8 it helps our senior citizens and our middle 9 class pay the property taxes. Those who need 10 the relief most get relief. 11 And before I delve into circuit 12 breaker, I want to just point out what I think 13 are some important -- I don't want to call 14 them differences, but enhancements that our 15 bill provides that I believe should be 16 supported by the members of this body, but in 17 particular those who support Governor 18 Paterson's and the Senate -- Senator Rules, I 19 guess his or her name is -- their bill. 20 First, what our bill does in 21 addressing the notion of capping property 22 taxes is it does away with this inequitable 23 situation in terms of an override. The bill 24 as it currently stands comes up with a formula 25 in terms of overriding property taxes of

Candyco Transcription Service, Inc.

(518) 371-8910 1 55 percent -- if you go over 4 percent, it's a 2 55 percent override, and somehow if you get 3 more than 5 percent school aid, you have to 4 get to 60 percent. 5 Our bill simply sets it that if a 6 school district wants to ask a little bit more 7 in terms of money from our taxpayers, they 8 have to get a little bit more support. But 9 it's uniform, it's 55 percent. A little bit 10 of a critical difference. 11 Also, and what Senator Klein 12 alluded to, is we need to protect our most 13 vulnerable when it comes to education, and 14 that's our children who have special education 15 needs. And what's become apparent in Albany 16 and in Washington is the love of the unfunded 17 mandate and, in particular, special education. 18 And it's not fair to put upon our 19 school districts and our residents a mandate 20 when it comes to special education and then 21 cap the ability to pay for that. That's not 22 fair to our children, it's not fair to their 23 parents and grandparents, it's not fair to a 24 community that supports a school district. 25 And so we exempt from a cap consideration

Candyco Transcription Service, Inc.

(518) 371-8910 1 special education. 2 Now, another reason why is 3 because -- and maybe the unfunded mandate bill 4 that the Senate Republicans, that we just 5 voted on -- I voted in favor of it -- and what 6 our bill would do is -- one problem is is that 7 when you speak to school board members, and I 8 know a number of us have during this entire 9 process, school board members tell me that one 10 child with special education needs who moves 11 into the district can cost as little as 12 $100,000. 13 We can't cap that cost. That's 14 just not fair to the family, the child and the 15 community. 16 The other thing we need to address, 17 and what our bill takes into account, is the 18 transportation costs, rising gasoline prices 19 that have forced many of our residents to stay 20 home this summer and not go away on vacation. 21 Those are gasoline prices that our school 22 districts are forced to begin to cope with as 23 they get their busing ready. Our bill exempts 24 those costs from a cap consideration as well. 25 It's a bit of a more sensible cap,

Candyco Transcription Service, Inc.

(518) 371-8910 1 but it recognizes that our districts and, more 2 importantly, our residents need a break. 3 In terms of the unfunded mandate, I 4 think an important component that's in this 5 bill addresses the issue of busing. And I 6 know a number of members who have suburban 7 school districts, school districts smaller 8 than 15 square miles, hear the constant 9 complaint from residents who complain about 10 the fact that buses go throughout a school day 11 half-filled and call upon school districts to 12 address the busing problem because it costs 13 money. 14 One superintendent told me that if 15 he could actually amend and fix his school 16 busing transportation problems, he'll save a 17 million dollars in his school budget. 18 What our bill does is it allows 19 school districts smaller than 15 square miles 20 to actually determine their own busing needs 21 based on historical data. So students, in 22 particular high school students who maybe fall 23 into the busing scheme, if they don't take the 24 bus going home, school districts can now 25 address the issue of whether or not they need

Candyco Transcription Service, Inc.

(518) 371-8910 1 to provide the bus to them. But it puts the 2 power in the school districts, the people with 3 the boots on the ground, so to speak. 4 And finally there's the issue of 5 the circuit breaker. And I have to tell you 6 that I sat and listened very carefully when 7 Senator Little and Assemblywoman Galef had a 8 very comprehensive hearing on the issue and a 9 number of constituencies came forward to 10 support the circuit breaker and the 11 circuit-breaker concept. 12 And what I've heard from seniors 13 who live in my district and from young people 14 with young families who live in my district is 15 that they need relief and they need relief 16 now. 17 Now, obviously it can't be perfect. 18 But some say that imitation is the highest 19 form of flattery. And what's interesting -- 20 and I heard the words of our Majority 21 Leader -- is that there are Republican 22 Senators who have cosponsored circuit-breaker 23 legislation almost identical, as Senator Klein 24 pointed out, almost identical to legislation 25 that Senator Klein and I and some others have

Candyco Transcription Service, Inc.

(518) 371-8910 1 sponsored. Would pay for it the same exact 2 way. 3 It's interesting, we talked and 4 heard today two very important terms -- it's 5 come from both sides of the aisle -- fair and 6 equitable. Fair and equitable. 7 A calculation under the circuit 8 breaker bill, a family or a senior citizen who 9 lives maybe in the Majority Leader's district 10 with an income of $75,000, who pays a tax bill 11 of $7,000, would receive -- receive -- an 12 amount over $1,600, compared to a $400 or $500 13 amount. What's fair? What's equitable? 14 There is no doubt that we as 15 Senators must work together on this issue. 16 But this problem didn't start today. To say 17 that we're starting now to rein in property 18 taxes is insulting to our residents. This 19 should have been done years ago. And there 20 have been opportunities for years to do it, 21 and it hasn't been done. Today is the day to 22 do it in a way that's fair and equitable to 23 our residents. 24 Thank you. I will be voting aye on 25 the amendment.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT WINNER: Senator 3 Little. 4 SENATOR LITTLE: Thank you, 5 Mr. President. 6 As has been mentioned, I have been 7 a supporter of circuit-breaker legislation for 8 several years. But I want you to know that 9 the reason that my circuit-breaker bill has 10 never been brought to the floor is because of 11 the cost and because we have a Governor right 12 now who is looking at how to reduce the costs 13 and where is the money coming from. 14 Our proposal, in order to pay for 15 that circuit breaker, would have taken away 16 the rebate checks from 1.6 million people. 17 The cost is estimated to be $2.8 billion, I 18 believe, to do the whole thing. 19 Therefore, I have not given up on 20 circuit-breaker legislation, and I certainly 21 continue to support it and advocate for it, 22 but we are looking for a way that we will not 23 be saying to one New York citizen who is 24 paying property taxes, Your taxes are going up 25 200, 400, 600, 800 dollars this year because

Candyco Transcription Service, Inc.

(518) 371-8910 1 we're taking away your rebate check in order 2 to help this other citizen. 3 So what we are looking at is a way 4 to modify the circuit breaker, continue to 5 help people, and continue to give the rebate 6 check. But we are looking for support for 7 that from the Governor and from the Assembly. 8 To do that as a one-house bill, 9 particularly right now when the cost is so 10 high and everyone is talking about reducing 11 costs, is just inappropriate. 12 Therefore, I don't support putting 13 this bill on without the modifications and the 14 cost reductions as well as allowing those 15 citizens in New York to continue to get their 16 rebate checks. 17 Thank you. 18 ACTING PRESIDENT WINNER: Senator 19 Bonacic. 20 SENATOR BONACIC: Will Senator 21 Johnson yield for a couple of questions? 22 SENATOR CRAIG JOHNSON: Of course 23 I will. 24 SENATOR BONACIC: I agree with 25 you that to solve the property tax problem we

Candyco Transcription Service, Inc.

(518) 371-8910 1 must to a series of things. We start with the 2 Governor, who has wanted a tax cap. That's a 3 first step of property tax relief in the sense 4 that you're slowing the growth of escalating 5 taxes, and he suggested 4 percent. 6 Do you support the 4 percent cap on 7 property taxes, Senator Johnson? 8 SENATOR CRAIG JOHNSON: Through 9 you, Mr. President, I support the legislation 10 that will be voted upon subsequent to the 11 result of this amendment. So the answer is 12 yes. 13 SENATOR BONACIC: So your answer 14 is yes? 15 SENATOR CRAIG JOHNSON: My answer 16 is yes. 17 SENATOR BONACIC: Okay. Do you 18 know, in part of your presentation -- 19 SENATOR CRAIG JOHNSON: I will 20 continue to yield for another question, by the 21 way. 22 SENATOR BONACIC: Oh. Through 23 you, Mr. President -- 24 ACTING PRESIDENT WINNER: We're 25 trying to facilitate the debate here. But we

Candyco Transcription Service, Inc.

(518) 371-8910 1 can go back to the more rigid, through the 2 chair -- 3 SENATOR CRAIG JOHNSON: I'm happy 4 to -- 5 ACTING PRESIDENT WINNER: Unless 6 you want to be cooperative, Senator Johnson, 7 we'll be glad to go back to a more rigid 8 system. 9 SENATOR CRAIG JOHNSON: Mr. 10 President, I never know which route you want 11 to follow. I'm happy to have the dialogue 12 with my friend Senator Bonacic. 13 ACTING PRESIDENT WINNER: Okay, 14 thank you. 15 SENATOR BONACIC: Senator 16 Johnson, do you know how much it would cost if 17 we did transportation and special ed and not 18 let it be part of the tax cap? 19 SENATOR CRAIG JOHNSON: That's a 20 very good question, Senator Bonacic. What we 21 understand is, while we don't have gross 22 dollar amounts, the impact that it would have 23 in terms of the overall cap would not be as 24 significant as we hope. 25 We're still crunching the numbers,

Candyco Transcription Service, Inc.

(518) 371-8910 1 and obviously we can work with you to get you 2 those numbers as we get a fuller sense. 3 Because every district is different, 4 especially in terms of special education. 5 And I'm sure you see this as well 6 in your Senate district, in your school 7 districts, a lot of it depends upon kids 8 moving in, kids taken out, it depends upon the 9 legislature and legislation that passes. 10 SENATOR BONACIC: Senator 11 Johnson, will you continue to yield? 12 SENATOR CRAIG JOHNSON: Of 13 course. 14 SENATOR BONACIC: I've done a 15 little homework on what that number is. And 16 it's approximately $200 million more that you 17 would exclude out of the tax cap. And as a 18 result, the tax cap would then be, on average, 19 between 5 to 6 percent and, some school 20 districts, 8 percent. 21 Now, having known that, would you 22 still support a tax cap of 4 percent or 23 anywhere from 5 to 8 percent? 24 SENATOR CRAIG JOHNSON: Thank 25 you, Senator Bonacic. I don't have your

Candyco Transcription Service, Inc.

(518) 371-8910 1 numbers in front of me, and so, you know, with 2 respect to what you're offering, I don't know 3 if it's true or not. I take you at your word 4 of what your figures -- 5 SENATOR BONACIC: It's from the 6 Division of Budget. 7 SENATOR CRAIG JOHNSON: Again, I 8 don't have your figures in front of me. If 9 you want to provide them, that's absolutely 10 fine, and we can review them. 11 But the fact remains is that what 12 we need to do on a case-by-case basis is 13 provide schools with the ability to protect 14 themselves. And it also provides the key is 15 the override. And that when school 16 districts -- and I'm sure they do it in your 17 district and in my district and in every other 18 district -- is they go through a process, and 19 they go through a process in bringing this to 20 the vote. 21 Your bill has an override, my 22 amendment has an override as well. And that 23 if it goes over the 4 percent cap, it allows 24 the school districts to go in and say, This is 25 why we're doing to do it.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BONACIC: Okay. Will you 2 continue to yield? 3 SENATOR CRAIG JOHNSON: Yes, 4 Senator. 5 SENATOR BONACIC: With respect to 6 the circuit breaker, it's estimated that it's 7 $2.7 billion to do the circuit breaker. And 8 Governor Paterson is out there calling us back 9 on August 19th, where he has unilaterally come 10 up with $700 million worth of cuts and he's 11 challenged us to come with $700 million worth 12 of cuts. 13 In addition, if your circuit 14 breaker were to go through in this 15 environment, what would you cut to make up 16 $2.7 billion? 17 SENATOR CRAIG JOHNSON: Well, 18 first of all, I am unsure that it is 2 -- I'm 19 sorry, what was your number? 20 SENATOR BONACIC: Well, statewide 21 it's $2.7 billion. 22 SENATOR CRAIG JOHNSON: My 23 understanding is that number may or may not be 24 accurate. 25 But your point is this. Right now

Candyco Transcription Service, Inc.

(518) 371-8910 1 we can maybe, at a bare minimum, recover 2 $800 million from businesses that do business 3 in New York State that don't have a nexus and 4 we're not collecting their sales taxes. 5 According to our information, at a minimum 6 there's $800 million there that we can 7 aggressively collect. That's one way to start 8 doing it. 9 So until we have an exact amount -- 10 but what I find very interesting is that, 11 Senator Bonacic, you too support the concept 12 of a circuit breaker, do you not? 13 SENATOR BONACIC: I do. 14 SENATOR CRAIG JOHNSON: You do. 15 And so the fact remains is that we need to 16 provide the necessary property tax relief to 17 help our seniors and our individuals -- not 18 just lower the taxes, but help them pay their 19 taxes, especially seniors, who are house-rich 20 and cash-poor. 21 And I know you and I have very 22 similar situations, in a number of your areas 23 of your district as well as mine, with seniors 24 who have lived there for a number of years. 25 We've passed legislation in this

Candyco Transcription Service, Inc.

(518) 371-8910 1 great body that would allow school districts 2 to exempt seniors from paying school taxes. 3 It went nowhere over there. 4 We've passed legislation last year 5 that would have the state take over all school 6 taxes -- a $9 billion price tag that no one 7 knew where that money was coming from, but we 8 passed it here. 9 What we have today is legislation 10 supported by members of your side and my side 11 that would provide real tax relief. And I'm 12 sure and I'm confident that if we're dedicated 13 to providing that tax relief, you and I, 14 Senator Little as well, Jeff Klein, can sit in 15 a room from now until the 19th and come up 16 with a number in order to find a way to pay 17 for it, if that's your concern. 18 But let's not put it aside and say 19 "Well, we can't pass it today because we don't 20 have a way to pay for it." That never happens 21 here. You guys passed things last year with a 22 $9 billion price tag -- and I voted for. 23 But the fact is we could pass this 24 today, sit down for ten days, come up with the 25 difference, sit with Budget, sit with the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Taxation Department, come up with the number, 2 come back on the 19th, have a bipartisan press 3 conference and say, "We did it, we did it 4 together." 5 So I've offered up at least 6 $800 million in a way to collect money -- not 7 cut, not hurt education, but find a way to 8 collect money from people who are doing 9 business in this state but don't want to pay 10 their fair share. 11 So let's work together on this. 12 Support our amendment. You already do in one 13 form. Come support it today. We're offering 14 it up. 15 ACTING PRESIDENT WINNER: 16 Senators, I would remind you that under the 17 rules, debate is limited on a motion and an 18 amendment for one half-hour for each 19 conference. You are rapidly using up your 20 allotments. 21 SENATOR BONACIC: On the 22 amendment, Mr. President. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator. 25 SENATOR BONACIC: First of all,

Candyco Transcription Service, Inc.

(518) 371-8910 1 you need three partners to get anything done 2 in this state. We have an accidental 3 Governor -- 4 (Sound of booing.) 5 SENATOR BONACIC: -- who became a 6 Governor without making contracts or promises 7 to special interest groups, and he said: I'm 8 going to listen to the people, and I'm going 9 to try to be responsive. 10 And what the people have told him 11 is they want a tax cap. That's number one. 12 As opposed to mandate relief that is part of 13 the solution; we are working with the Governor 14 to try to get that piece done. 15 Now, the circuit breaker has to be 16 done intelligently, and it's tough to do it in 17 this economic environment without raising 18 taxes and more spending. 19 So again, I'm sure that there will 20 be a day that we will come back and address 21 other things for property tax relief. And 22 while we banter among ourselves, we have a 23 Speaker in the Assembly that has not done one 24 act for property tax relief, and all those 25 Assembly Democrats that keep supporting him

Candyco Transcription Service, Inc.

(518) 371-8910 1 not to allow a property tax relief bill to 2 come to the floor over there. 3 With respect to your amendment, I 4 think it's a little disingenuous when you say 5 you support a 4 percent property tax cap but 6 in your proposal on the amendment it's 5 to 7 8 percent if we exclude the items that you 8 want. I don't think you can have it both 9 ways. 10 And the other point on the circuit 11 breaker, it has to be done intelligently 12 because one of the missions that you're so 13 proud of in your conference, which we have 14 shared with you, is foreclosure relief. 15 There's certain pockets in this state that are 16 hammered because they can't keep up with their 17 mortgages and their taxes. 18 Under this proposal today, there's 19 161,000 homeowners that you are taking away 20 money from so they can still maintain their 21 homes and not be subject to foreclosure. 22 So that's some of the problems I 23 see with your amendment, although there are 24 some things in there that are noble and the 25 mission is good. But we need other partners.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We have to do it in an environment that can 2 pay for it. And right now we're looking at a 3 $6 billion deficit come April first of next 4 year. So we're trying to be responsible and 5 be a partner with the Governor. 6 Thank you, Mr. President. 7 ACTING PRESIDENT WINNER: Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: A lot has 10 been talked about as far as the merits of the 11 amendment and no doubt about the merits of the 12 bill itself. I just want to talk about 13 procedure very quickly here. 14 Senator Klein mentioned that this 15 was a one-house bill or our bill is a 16 one-house bill and was critical about it 17 because of that. 18 You know, there's a lot of ways -- 19 and the people that have been around Albany a 20 while know that there's an awful lot of ways 21 that you can kill legislation. One way to 22 kill legislation is to say it's dead on 23 arrival, like the Speaker said on the property 24 tax cap, and not come back and do that type of 25 legislation. That's one way to kill it.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Another way to kill it is to 2 confuse the issue and try to change the 3 Governor's proposal that has been amended a 4 couple of times by the Governor to make it 5 ready for our consideration today. If we 6 amend the proposal, we're actually losing a 7 partner. We're losing the Governor, because 8 we don't have a commitment on all of these 9 other wonderful things that have been added on 10 as an amendment. 11 Now, if we really want to get 12 something done, it would seem to me that what 13 you would do is follow the lead of the 14 Governor, get what we can now, pass the 15 legislation here on August 8th, let 11 days go 16 by where a one-house bill with the Governor 17 can become a two-house bill, with enough 18 pressure from people in our community and the 19 communities of those people who are not coming 20 back to address this particular issue. 21 We can talk about a million bills 22 that went that way that were originally 23 one-house bills, one in my district dealing 24 with Jenna's Law ending parole for violent 25 felony offenders. The pressure was so high on

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Assembly that the Assembly, after they 2 left, came back because of the pressure in 3 order to finally pass it. They were dragged 4 back, the Speaker was. 5 So the point is simply this, that 6 we can talk merits of 16 different types of 7 amendments and how we're going to make it 8 better. The fact of the matter is on this 9 bill that we have here, we have a partner 10 who's amended his legislation, the Governor, 11 we have public opinion in our favor -- without 12 trying to add things on to avoid, to avoid 13 passing that bill. And that's really what's 14 happening here. 15 And then we can get enough public 16 pressure hopefully for the Assembly to have to 17 deal with it so we have true, true tax relief 18 for the taxpayers of this state. 19 I vote no on the amendment. 20 ACTING PRESIDENT WINNER: Senator 21 Saland. 22 SENATOR SALAND: Thank you, 23 Mr. President. 24 I listened intently to the debate 25 on the amendment, and I believe it may have

Candyco Transcription Service, Inc.

(518) 371-8910 1 been Senator Johnson who said earlier 2 something to the effect of this should have 3 been done years ago. 4 It may well be that I've been here 5 several years longer than Senator Johnson, in 6 both houses now probably about 25 or 26 years 7 longer than Senator Johnson. And it certainly 8 should have been done years ago. 9 And I'm sure, Senator Johnson, 10 you've probably heard me on this floor say at 11 least a half a dozen to 10 times during the 12 two years that you've been here that we 13 desperately needed a partner. 14 This conference has time and again 15 proposed means by which to alter, change, 16 reform the current system. We in fact were 17 the ones who have been responsible for the 18 STAR rebate program. 19 The bottom line is is that yes, it 20 should have been done years ago. But in the 21 absence of a partner, the deafening silence 22 from the Assembly has existed during all of 23 those twenty-some-odd years that I've been 24 here. 25 We have never found a partner in a

Candyco Transcription Service, Inc.

(518) 371-8910 1 governor who was willing to reform the system, 2 and now we have Governor Paterson, who has 3 taken the property tax commission's 4 recommendation and offered it as a bill. At 5 long last we have a partner. 6 Is it perfection? I wouldn't be so 7 bold as to say it's perfection. But in that 8 partnership we have the means by which 9 hopefully to forge some kind of type of an 10 agreement. We need something that's obviously 11 more comprehensive. 12 When you talk about the concept of 13 a circuit breaker, I must tell you I am not on 14 any circuit-breaker bill because the only 15 bills I ever saw severely punished more people 16 than it benefitted. 17 If you look at the numbers, 18 2.9 million people are receiving a STAR 19 benefit. Why would I want to take the benefit 20 away from 56 percent of them? Because that's 21 what this proposal does. You're punishing 22 56 percent of the people. I guess you 23 overlooked that. I don't know why you'd want 24 to do that. 25 None of them makes a penny over

Candyco Transcription Service, Inc.

(518) 371-8910 1 $250,000 because, by definition, while you use 2 a threshold, you can't get the STAR benefit if 3 you're earning more than $250,000. 4 So you are punishing people for 5 doing no more than trying to enjoy the benefit 6 of something that has been promised them, 7 something that has been given to them, and you 8 want to take it away from them. It boggles my 9 mind. I go places where people just say, 10 "Thank you for the STAR benefit. Yes, we want 11 more, but whatever you do, don't take away our 12 STAR benefit." 13 I am certainly not going to be one 14 of those who's going to take away the STAR 15 benefit. You may want to, but it's not going 16 to happen from me, let me assure you of that. 17 For the past six years, as the 18 chairman of the Senate Education Committee, 19 I've labored long and hard to stymie the flow, 20 to the extent that I could, of unfunded 21 mandates. And I heard the comments about 22 regionalizing transportation costs as one of 23 the things that would be proposed in this 24 amendment. 25 I would just merely point out, for

Candyco Transcription Service, Inc.

(518) 371-8910 1 the edification of all of us, that in the bill 2 in chief, the bill that we are in the process 3 of ultimately getting to, one of the subject 4 areas to be examined by the blue-ribbon 5 commission, which I assume we all agree to the 6 merits of the creation of, will be -- "Among 7 the subject areas to be examined shall include 8 but not be limited to the following" -- and 9 I'm now reading on page 21 of the bill -- "the 10 potential for regional transportation 11 systems." 12 So we're merely, by way of this 13 amendment, trying to redefine what we're 14 already asking the commission that everybody 15 agrees to do. So the amendment at the very 16 least is superfluous, and at the very worst 17 causes more pain to more people than it 18 benefits. 19 Is there a problem with the concept 20 of circuit breaker? Certainly there's no 21 problem with the concept of the circuit 22 breaker. But this bill, as distinguished from 23 the concept, fails and is much, much more 24 painful than beneficial. It misses the mark 25 and misses it badly.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I oppose the amendment. 2 ACTING PRESIDENT WINNER: Senator 3 Klein. 4 SENATOR KLEIN: Thank you, 5 Mr. President. 6 I wasn't going to speak again on my 7 amendment, but I did want to clarify a couple 8 of things. 9 I think Senator Craig Johnson did 10 an excellent job of talking about the benefits 11 of the circuit breaker. But I was a little 12 confused about the Majority Leader's comments 13 because so far, under the legislation that was 14 introduced which is the subject of this 15 amendment, we're not getting rid of the STAR 16 program. 17 The only thing we were talking 18 about was the basic STAR, which means that 19 anybody, even if they make over $1 million a 20 year or $2 million a year, still gets a $300 21 check, which clearly that individual doesn't 22 need. 23 And it's very interesting, because 24 the number that I looked at under the 25 Galef-Little bill, which again means you have

Candyco Transcription Service, Inc.

(518) 371-8910 1 to be in your home for five years to benefit 2 from the circuit breaker under that 3 legislation, would cost $1.6 billion. 4 If we just took away the basic STAR 5 property tax exemption for the first 30K of 6 the primary residence, that would cost 7 $1.8 billion. 8 So just by changing one slight 9 problem -- keeping basic STAR, keeping 10 enhanced STAR for senior citizens, in addition 11 to a circuit breaker -- we would actually be 12 able to do Senator Little's legislation. 13 So I think the important thing that 14 we need to understand -- if we want to beat 15 our chests here today and say on a political 16 point of view that we did something for 17 property tax relief, well, that's okay. But I 18 think if we really want to go back and speak 19 to our constituents and tell them about a 20 comprehensive plan that caps property taxes, 21 that gets rid of unfunded mandates, that also 22 has a circuit breaker, which is targeted tax 23 relief to those who need it the most, then 24 we'll support this amendment. 25 So I vote yes on my amendment,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT WINNER: Senator 3 Farley. 4 SENATOR FARLEY: Thank you, 5 Mr. President. 6 You know, one of the most 7 significant things that this Legislature has 8 done in my 32 years here is establishing the 9 STAR program. And as I go around my 10 four-county district, that's all I hear, is 11 "Thank you for STAR," "Don't touch STAR," 12 "You're not going to change STAR." 13 And unfortunately, for anyone 14 anybody that was listening to the Majority 15 Leader on these figures, what your amendment 16 does here -- and let me just say, circuit 17 breaker is well-meaning. I understand that, 18 we'd all like to do that sort of thing. But 19 there's consequences with this amendment. 20 Number one, it kills the main bill, which I 21 intend to vote for. 22 But when 833,000 people lose 23 benefits in upstate New York -- that's where I 24 live -- and 1.6 million in New York State will 25 lose benefits as a result of the STAR rebate,

Candyco Transcription Service, Inc.

(518) 371-8910 1 let me just say this. It's important that we 2 address property tax relief. But certainly 3 the idea of this amendment not only would kill 4 what we're going to try to accomplish here 5 today, it would also be devastating to my 6 constituents. 7 They do understand STAR. They like 8 STAR. It's in place. And we are presenting, 9 in my judgment, a body blow to it or at least 10 an attack on it which would be very, very 11 poorly received and not in the benefit of the 12 taxpayers. When you've got 1.6 million people 13 that are going to lose property tax relief as 14 a result of this amendment, I think that 15 that's a good reason not to support it. 16 Of course I won't have a chance to 17 vote on this amendment. But if I was voting 18 on it, I would not agree with it. I would 19 urge the other side not to support your 20 amendment. 21 ACTING PRESIDENT WINNER: Senator 22 Saland. 23 SENATOR SALAND: Thank you, 24 Mr. President. 25 I would merely offer up, by way of

Candyco Transcription Service, Inc.

(518) 371-8910 1 information for Senator Klein's benefit, the 2 language of his amendment. There is a 3 difference, I hope you're aware, between the 4 STAR exemption and the STAR rebate. 5 In your amendment, Section 48, you 6 repeal Section 178 of the Tax Law. That is 7 the section that provides for rebate checks. 8 That is not the section that deals with the 9 STAR exemption. Rebate checks, not STAR 10 exemption. STAR checks, not STAR exemption. 11 And then I call your attention to 12 Section 51. In that section you eliminate 13 funding from the General Fund to the STAR 14 rebate program. So you very carefully, in two 15 different sections, made sure to eliminate the 16 STAR rebate program. 17 Now, if that's a mistake in 18 draftsmanship, I suggest you speak to whomever 19 drafted it for you. If you want to check your 20 sources, I would suggest you have your counsel 21 check to see whether my interpretation of 22 those two sections is correct. I think you'll 23 find that it is. 24 And this bill does not take away a 25 portion of the STAR exemption, it takes away

Candyco Transcription Service, Inc.

(518) 371-8910 1 the STAR rebate check for 1.6 million people. 2 ACTING PRESIDENT WINNER: Senator 3 Marcellino. 4 SENATOR MARCELLINO: Thank you, 5 Mr. President. I appreciate the ability to 6 speak on the amendment. 7 For all the reasons that my 8 colleagues have said prior to my speaking, 9 Senator Saland's points just mentioned and 10 others, this amendment would do nothing with 11 respect to decreasing costs. 12 Let's start with the circuit 13 breaker. The circuit breaker doesn't cut 14 spending in any way, shape or form. In fact, 15 it encourages it, because you've taken away -- 16 the homeowner who qualifies for the circuit 17 breaker receives a rebate when they file it on 18 their income tax, they get a rebate, 19 70 percent or whatever they don't pay. 20 The pressure then comes off the 21 district. The district can then say, Oh, I 22 can raise my spending by that amount, and 23 they'll do that. Spending will go up, because 24 the circuit breaker does nothing to stop 25 spending. It does nothing to cut the

Candyco Transcription Service, Inc.

(518) 371-8910 1 district's costs. It does nothing to cut home 2 heating costs. It does nothing to cut costs 3 for electricity for the district. It does 4 nothing to cut busing costs. It does nothing 5 relative to that. 6 The circuit breaker encourages 7 spending, which is the problem that we have, 8 because that's why property taxes are going 9 up. Costs and spending. You can always find 10 a good reason to spend money, especially 11 someone else's. Your bill spends someone 12 else's money. 13 Your bill takes rebate checks away 14 from some people to pay other people. So some 15 people who need it and want it and get it now 16 will not be getting it, while others will. 17 That does a lot for community togetherness. 18 That doesn't help anybody in the system. 19 I don't see the point. We're going 20 to collect taxes from, what, out-of-country 21 corporations? We've been trying that for a 22 hundred years. We can't even get it from the 23 Indian reservations, for heaven's sakes. We 24 haven't had a governor willing to go in there 25 and collect the taxes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. Johnson, are you willing? Go 2 ahead. We'd love to see that revenue come 3 back. But it's a reality that it's not going 4 to happen, and you're not going to do it. So 5 we're again putting forth pie in the sky as to 6 what it's going to do. 7 Spending is the problem. That's 8 what's increasing property taxes. We must 9 decrease property taxes. We must provide the 10 districts relief in their costs wherever we 11 can, however we can. This amendment doesn't 12 do that. In fact, this amendment does more 13 harm than good. 14 And one of the things we should be 15 doing when we do legislation is we shouldn't 16 be harming people. We are, by your amendment. 17 You're proposing to eliminate a program while 18 saying you're not. That's wrong. Some might 19 call it a different phrase, but I'll be polite 20 and just say it's wrong. Let's not go there. 21 Let's not go there. There's enough problems 22 here. 23 Special ed increases, it's probably 24 the most expensive part of any district's 25 budget. Increasing? Very much so. And we

Candyco Transcription Service, Inc.

(518) 371-8910 1 have to cut that back. We have to find ways 2 to help the districts and reduce that 3 spending. 4 Your bill allows spending to 5 increase by 8 percent or more. So where's the 6 cut there? Where's the cap there? Where's 7 the reduction in costs there? There's no 8 relief to the taxpayer, and there's no relief 9 to the district. We just simply say go ahead 10 and spend some more, instead of providing 11 another mechanism. 12 We need to provide another 13 mechanism here. We have legislation that I 14 have proposed for the state to take it over, 15 phase it in, take over special education. 16 It's costly. Phase it in over a period of 17 time. The districts would not receive the 18 cost, we would take that on. The savings to 19 the district should be passed on to the 20 property taxpayers. Not to be used for 21 increased spending, but to be passed on to the 22 property taxpayers. I hear that's a better 23 way to go. Worth talking about. 24 Is it expensive? Yes. Should we 25 find to way to pay for it? Yes. And we can

Candyco Transcription Service, Inc.

(518) 371-8910 1 discuss that in the coming term, in the coming 2 session. I look forward to that discussion. 3 There are other proposals we're going to put 4 forth on that level. 5 But this amendment is a charade, as 6 was said by Senator DeFrancisco, designed to 7 just confuse the issue and to kill the 8 following bill. It's not going to work. I 9 urge my colleagues on the other side, don't 10 support this amendment. It doesn't do what 11 you want it to do. It simply harms a lot of 12 people. And that's I don't believe your 13 intention. 14 ACTING PRESIDENT WINNER: Senator 15 Padavan. 16 SENATOR PADAVAN: Briefly, 17 Mr. President. 18 As I indicated earlier, we all know 19 that, the bill that we're amending or is being 20 attempted to amend does not affect the City of 21 New York or the other dependent school 22 districts in the State of New York. We all 23 understand that; right? 24 But yet this amendment does. In 25 the City of New York there were 479,916

Candyco Transcription Service, Inc.

(518) 371-8910 1 individuals, homeowners who received rebate 2 checks last year. Under this amendment, there 3 will be 360,000-plus less. 4 Now, I don't understand the logic 5 of that. Maybe I'm being very parochial, but 6 I don't see what the value of an amendment -- 7 you can debate the cap and all the aspects of 8 it until the cows come home. But this, to me, 9 is very real: 360,000 fewer people in the 10 City of New York, Senator Duane, are not going 11 to get their check if you pass this amendment. 12 You don't want that to happen, do you? No, 13 you don't. 14 Thank you, Mr. President. 15 (Laughter.) 16 ACTING PRESIDENT WINNER: Senator 17 Flanagan. 18 SENATOR FLANAGAN: Thank you, 19 Mr. President. On the amendment. 20 Of course I've listened, along with 21 my colleagues, to a lot of the comments and 22 the debate and dialogue, and I share the 23 sentiments of many of my colleagues, including 24 Senator Little and Senator Marcellino. 25 And there's been a lot of talk

Candyco Transcription Service, Inc.

(518) 371-8910 1 about things that are not on the floor now. I 2 think what we really need to be focusing on is 3 the amendment that is actually on the floor. 4 Senator Little is probably a 5 perfect example, in my estimation, of a 6 terrific legislator. Nobody has been more 7 earnest and more sincere about trying to 8 tackle the issue of property taxes. And yet 9 she knows, with all the work that's been done, 10 that her bill is not on the floor because it's 11 not soup yet. It's not time to get it out 12 here because it hasn't been modified or 13 compromised or rectified so that it will be 14 helpful and acceptable to everybody and that 15 we could bear those costs in a proper fashion. 16 We need to look at the amendment 17 that is before us. And I listened very 18 carefully to Senator Klein, and he made two 19 comments that I would like to bring up. 20 One is he talked about the need to 21 come up with something that is palatable to 22 the Assembly. I would respectfully suggest 23 that that is the absolutely wrong approach. 24 We should be coming up with something that is 25 palatable and acceptable to the taxpayers of

Candyco Transcription Service, Inc.

(518) 371-8910 1 the State of New York. The dog should be 2 wagging the tail, not the other way around. 3 The second thing is there was a 4 representation made about it's nice to stand 5 up and be able to beat on our chests and say 6 we did something. 7 I look at this amendment, and I may 8 not be the smartest person in the room, but 9 1.6 million people who have a benefit today 10 are now going to lose it -- 1.6 million 11 people, 380,000 people on Long Island, the 12 area that I happen to represent. And these 13 aren't numbers that we came up, this is DOB 14 and Tax and Finance. 15 I don't call that pounding on my 16 chest, I call that banging my head against the 17 wall. And that's not the thing that we should 18 be doing. 19 This bill hurts many of the people 20 that I represent. And frankly, ladies and 21 gentlemen, that's reason enough to vote 22 against the amendment. 23 Thank you. 24 ACTING PRESIDENT WINNER: Senator 25 Connor.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR CONNOR: Thank you, 2 Mr. President. 3 You know, let me explain why I'm 4 rising to talk on this. Because under the 5 rules that the majority of this house put in 6 some six or seven years ago, on an amendment 7 we do a canvass of agreement. And if one 8 isn't in agreement and doesn't speak, then 9 there's no record that you were even here when 10 they voted on the amendment. 11 And I want to make it plain I am 12 not supporting this amendment, although I have 13 the greatest respect and praise for Senator 14 Klein for taking the time and putting in the 15 thought to fashion something that contains new 16 ideas and that in fact may advance this 17 debate. And I don't mean today's debate, but 18 the whole problem of solving property 19 taxation. 20 But I'm not going to vote for it, 21 and I want the record to reflect that I am 22 here and I'm not supporting it. And, 23 Mr. President, almost for none of the reasons 24 the I've heard from anybody in the Majority. 25 I want to make that clear too.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I don't support a cap. I think a 2 cap is a gimmick. I think a cap is not a real 3 solution to any problem we face with respect 4 to property taxes. And I acknowledge that 5 it's an enormous problem for large portions of 6 the state. 7 As soon as you do a cap, there are 8 exceptions, there are exigencies that arise, 9 and the cap will be broken. Or needs for our 10 educational system won't be met. 11 Now, in this amendment is almost a 12 recognition of that, where there's an 13 exemption for special education, an exemption 14 for transportation. Well, you know, what 15 about something that suddenly arises a year 16 after you did this? You get another 17 exemption? Oh, no, no. No matter what the 18 urgent need is, it will be capped. 19 I think the real problem here is, 20 Mr. President, we have lacked the political 21 will to look at our entire tax structure and 22 make it fair and equitable and make all 23 New Yorkers pay their fair share and feel that 24 it is their fair share. 25 Property taxes, I always say it's a

Candyco Transcription Service, Inc.

(518) 371-8910 1 colonial tax, but it goes back to medieval 2 England, rates on landowners. In colonial 3 days, and for years after, it directed itself 4 at the wealth in a community. The richest 5 people in the community were the biggest 6 property owners. They owned the property. 7 And we taxed them a couple of hundred years 8 ago. 9 That's not true today. There are 10 very, very, very extremely wealthy people who 11 avoid their fair share because, instead of 12 paying taxes based on their wealth, they pay 13 it on the amount of land they own. And, you 14 know, your mansion can only be so big, it can 15 only be so many acres before it gets 16 ridiculous. 17 And the person that owns a house 18 worth $150,000, you know, they may be making 19 $25,000 or $30,000 a year. They're not the 20 wealthiest person in the community, yet they 21 get socked with a tax bill as if they're the 22 lord of their own little manor there. 23 I think what we have to do -- and I 24 do support other bills that have been filed. 25 Senator Schneiderman has a bill that involves

Candyco Transcription Service, Inc.

(518) 371-8910 1 a circuit breaker and is also revenue-neutral, 2 because it adjusts tax rates on people who 3 make more than a million dollars. And I don't 4 want to get too much into that debate, but the 5 fact is I suspect we will have that in another 6 week and a half when we're back here and other 7 legislation hits. 8 You know, I read recently about how 9 investment bankers are treated. Oh, all the 10 time, day after day in the office and 11 weekends, whatever they do that they put in on 12 a deal, and they get money as a result of that 13 time and effort in the workplace, oh, it's not 14 income. It's a return on investment. There's 15 some sort of interest thing that applies, and 16 they don't pay income taxes on it. 17 Did you know that? They make 18 millions on a deal and don't pay income tax on 19 it. You know, but the guy who opens -- and by 20 the way, and they bear no risk. What did they 21 lose if the deal falls apart? Their time. 22 Well, I have news for you, 23 Mr. President. The person in my district that 24 opens a bodega risks his or her money, puts in 25 untold hours operating it, and if it goes

Candyco Transcription Service, Inc.

(518) 371-8910 1 bust, they have a real loss. But if they make 2 money, they pay income tax on it for all their 3 time and effort. 4 So why is the person who's in a 5 fancy office on Wall Street not considered to 6 be working and therefore the money they make 7 on their income is not taxed? 8 And over the last few years -- I 9 don't want to be too specific -- I had 10 occasion to look at someone's tax returns in 11 the course of a small legal matter. And I was 12 shocked. This is a person that makes well 13 over a million dollars a year. He paid less 14 tax than I do. 15 And I thought, how could that be? 16 And that's when I first -- there's now been 17 some newspaper stories -- realized we have 18 these loopholes. Yes, they're federal 19 loopholes, but nothing says that the State of 20 New York ought to preserve those loopholes. 21 So don't talk about one little fix 22 here, a cap here or a STAR there or, oh, a 23 rebate check is really politically popular. 24 Until this Legislature gets -- and maybe it's 25 because we have two-year terms, we don't take

Candyco Transcription Service, Inc.

(518) 371-8910 1 on the hard problems. We're always running 2 for reelection, looking for the fix that will 3 look good in the newsletter just before 4 Election Day. We probably ought to look at 5 four-year terms if we want to get rid of some 6 of the dysfunctional nature of what we do 7 here, so we can focus on real problems. 8 This is not something being fixed 9 this week, this month, or this year. We have 10 to look at the entire structure of our tax 11 system, who's paying and who's not paying 12 their fair share, come up with a system of 13 taxation to support all of our needs, and also 14 look for savings. 15 You know, Long Island, how many 16 school districts? How much spent on 17 administration? We can't save a lot of money 18 there and put it in classrooms, give it back 19 in lower property taxes? I know we can. 20 But we need to take a big-picture 21 approach and do the right thing so that all 22 New Yorkers are treated fairly, all 23 New Yorkers pay their fair share, and we have 24 a first-rate educational opportunity for every 25 student in New York State.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So I'm not supporting this 2 amendment, and it's not because I don't have 3 the highest regard for my friend Senator 4 Klein. And I think he's done great work on 5 this. I just think there's a bigger picture 6 here, and a cap doesn't fit into it. 7 Thank you, Mr. President. 8 ACTING PRESIDENT WINNER: On the 9 amendment -- 10 SENATOR MORAHAN: Mr. 11 President -- 12 ACTING PRESIDENT WINNER: I'm 13 sorry, Senator, the time has expired for the 14 Majority side on this amendment. 15 You can speak on the bill, you're 16 free to speak on the bill that will be up 17 shortly. 18 On the amendment, those Senators in 19 agreement please signify by raising your 20 hands. 21 Senator Parker. 22 SENATOR PARKER: Thank you, 23 Mr. President. Quickly on the amendment. 24 I just rise, I want to congratulate 25 Senator Klein and Senator Johnson on something

Candyco Transcription Service, Inc.

(518) 371-8910 1 that's innovative, something that's important 2 that attempts to address the needs of our 3 communities. 4 However, I think this the right 5 problem, wrong solution. I'm going to be 6 voting nay on the amendment. 7 ACTING PRESIDENT WINNER: On the 8 amendment, those Senators in agreement please 9 signify by raising your hands. 10 THE SECRETARY: On the amendment, 11 those recorded in agreement are Senators 12 Aubertine, Craig Johnson, Klein, Onorato, 13 Sabini, Savino, Smith, Stachowski and Valesky. 14 ACTING PRESIDENT WINNER: The 15 amendment is not agreed to. 16 Senator Volker. 17 SENATOR VOLKER: Mr. President, 18 would you please ring the bell and get 19 everybody in for the vote on this, please. 20 ACTING PRESIDENT WINNER: The 21 Secretary will ring the bell. 22 Is there any Senator wishing to be 23 heard to be heard on the main bill? 24 Senator Morahan. 25 SENATOR MORAHAN: I'm going to

Candyco Transcription Service, Inc.

(518) 371-8910 1 take a little bit of a license, Mr. President, 2 and use my opportunity on this bill, without 3 talking to the cap specifically, but to 4 address the issue of circuit breaker. I 5 believe it's germane because we're talking 6 about property tax relief, and I think it's in 7 the same ballpark. 8 I happen to like the circuit 9 breaker. I would have preferred a circuit 10 breaker bill. But I understand that in my 11 district, when I took that bill and had a 12 forum and had Assemblywoman Galef there, that 13 we promoted that bill under certain concepts. 14 And I understand that the sponsor in this 15 house has reserved putting that out because of 16 a lot of other resistance. 17 I believe, as Senator Bonacic said, 18 we're just moving in the right direction. 19 Okay? And I believe that direction will 20 include a circuit-breaker element in the final 21 analysis, because that starts to make it a 22 little bit fairer, because it will be based on 23 wealth and salary and income. It will make it 24 a little bit more relieving to those who are 25 on very limited income and who need the relief

Candyco Transcription Service, Inc.

(518) 371-8910 1 the most. 2 Everyone deserves some relief, we 3 understand that. And until we can refine that 4 bill so that the pain is either removed or not 5 as great, we have to reserve decision on the 6 circuit breaker. 7 But I want to make it very clear 8 that I stand foursquare behind the concept of 9 a circuit-breaker bill, which I believe we 10 will have, one that will be minimized on the 11 pain for top earners -- remember it's the top 12 earners who would take the clip, not the low 13 economic people. So I didn't get the chance 14 to bring that out. 15 And I was mildly interested in 16 Senator Connor's comment on a cap is a 17 gimmick, when he voted last year or this 18 session on a bill by Senator Bruno that would 19 limit what the Governor can do on taxes here 20 on our state budget. That was on March 14th, 21 Senator. So it may not have been quite a cap, 22 but basically it was a cap. 23 Thank you very much, Mr. President. 24 ACTING PRESIDENT WINNER: Senator 25 Krueger.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 Thank you, Mr. President. 3 Well, I listened to the debate on 4 the amendment, and I chose not to vote for the 5 amendment because I don't think that the role 6 of the State Legislature is to actually get 7 themselves that involved in the property tax 8 cap. 9 Frankly, we have a lot of tax 10 issues in New York State, we have a lot of 11 economic issues. I have spoken frequently -- 12 some of you would argue too frequently -- on 13 my vision of changing tax policy in New York 14 State and moving from a regressive model to a 15 progressive model. 16 I have spoken frequently on 17 challenging tax expenditures that we hand out 18 here like candy whether we're in good economic 19 times or bad economic times. 20 I have spoken frequently here on 21 this floor about my belief that we need to do 22 a full evaluation of the New York State Tax 23 Code and to recognize that the model that was 24 set in place really in the 1920s for the State 25 of New York in the year 2008 really needs to

Candyco Transcription Service, Inc.

(518) 371-8910 1 be opened up for serious and hard discussion 2 and debate. 3 And yet I find myself being asked 4 to come back here today really to focus on a 5 property tax cap. 6 So for the record, the property tax 7 is pretty much the only tax the State of 8 New York allows the localities to control 9 without having to come to us for permission to 10 change it, to go up, to go down. It's the one 11 tax we really do let the localities make their 12 own determinations on. 13 So I would make the point to my 14 colleagues, every school locality out there 15 could make their own decisions on putting a 16 cap on, on capping the amount of their budgets 17 per year for their schools, on whether they 18 wanted to go up or down, whether they wanted 19 to reevaluate their assessments in light of 20 their school needs, whether or not they want 21 to tie their property tax formula to their 22 school budget formula. 23 This is the one tax where they can 24 do this themselves, and yet this is the one 25 tax, of all the taxes in New York State, we're

Candyco Transcription Service, Inc.

(518) 371-8910 1 being asked to come back and vote on and cap 2 today. 3 I'm not interested in a property 4 tax cap. And I would argue, for any locality 5 in the State of New York, if they want to 6 change their property taxes, the really good 7 news is they don't need to get through us to 8 do that. 9 So I would argue we shouldn't be 10 debating this bill today, we should be 11 debating all those other tax issues where we 12 are the controlling body, not the local 13 governments. And if our local governments 14 want to change their property tax allocations, 15 change the numbers, tie it into their school 16 budgets, good, let them do that. That's not 17 our role. 18 So I'll be voting no. 19 Thank you, Mr. President. 20 ACTING PRESIDENT WINNER: Senator 21 Maltese. 22 SENATOR MALTESE: Mr. President, 23 I am interested in a property tax cap. I 24 represent a portion of the City of New York 25 where all I hear from my constituents is

Candyco Transcription Service, Inc.

(518) 371-8910 1 complaints about their property tax. Taxes 2 are too high, they're not getting enough 3 services for the money they pay, and we should 4 do something about it. 5 We're here today -- thank goodness 6 we're here today -- at the request of the 7 Majority Leader Dean Skelos. I express my 8 appreciation to him. And I certainly express 9 my appreciation to Governor Paterson for 10 coming forward and doing something about the 11 taxes that are affecting, adversely, our 12 constituents. 13 When I see that -- when I hear 14 about an alternative system with a circuit 15 breaker that would leave out 360,713 taxpayers 16 in New York City who would lose property tax 17 relief under the circuit-breaker plan, I say 18 to you some of those constituents are mine, I 19 was sent here to represent them, and I will 20 represent them by voting for a property tax 21 cap to protect them and to decrease their 22 taxes. 23 I vote aye. 24 ACTING PRESIDENT WINNER: Senator 25 Volker.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR VOLKER: Mr. President, 2 let me just say I guess I have a little 3 different opinion than a lot of people in this 4 chamber on circuit breakers. 5 I don't know how you'd do a total 6 circuit breaker in this state. You can do it, 7 I guess, for part of the people, for certain 8 people. It's so complicated -- think of it, 9 what we'd have to do is you'd have to have 10 everybody submit their tax returns every year. 11 Now, we use the tax returns for the STAR 12 program. But with a circuit breaker, you'd be 13 in the situation where you'd have everybody in 14 the state submitting tax returns to your local 15 tax people. 16 I guess I've got to tell you, one 17 of the things about what we're talking about 18 here is curbing real property taxes. It 19 appears the only way that we can quickly 20 create some sort of balance is with a cap. No 21 one -- I don't think any of us particularly 22 like the idea, because we'd like to find a 23 different way to do it. 24 Senator Klein here talks about 25 $2.1 billion in money for a circuit breaker

Candyco Transcription Service, Inc.

(518) 371-8910 1 when the Governor is telling us that we have 2 to cut $700 million and we have to move on to 3 do whatever needs to be done. 4 My television station criticized 5 me, one of them, because they asked me if my 6 constituents were hounding me on the deficit, 7 and I said not really. I don't think they -- 8 what they're hounding me on is real property 9 taxes, not the deficit. They haven't felt the 10 deficit yet. Down the road, they may feel it. 11 But as of right now, they have not felt it. 12 And we've got to deal with it. 13 But in dealing with the real 14 property tax problem, we cannot increase that 15 deficit. And I'm afraid with a 16 circuit-breaker proposal we would. And that's 17 something we can't do this year. 18 Finally, let me just say another 19 thing about a circuit breaker. I don't know 20 how you have a circuit breaker without getting 21 rid of STAR ultimately. 22 And I want everybody here to know, 23 I've told my constituents -- they say to me, 24 "Do you think STAR is going to continue?" And 25 I've told them, "You can tell when STAR is not

Candyco Transcription Service, Inc.

(518) 371-8910 1 continuing, when I leave the Legislature." 2 Because it's going to continue as long as I'm 3 here, unless this Legislature and the Governor 4 can figure a better way to handle the entire 5 real property tax system. 6 Keep in mind that a big problem 7 here has to do with the urban versus suburban 8 versus rural. Now, Senator Maltese was 9 talking about the high taxes in New York City, 10 real property taxes. But compared to Long 11 Island, compared to Westchester, they're 12 minute. 13 In fact, in the city of Buffalo the 14 assessed valuation of the taxes are immensely 15 low, but the people there of course say, Oh, 16 they're very high. 17 As soon as you move into the 18 suburbs, where I live, the taxes are very 19 high. That's why we need help to make sure 20 that the suburbs and the rural areas don't get 21 taxed out of their homes. Cities should also. 22 On the other hand, I must tell you 23 something honestly. The City of Buffalo is 24 the most financed city in the United States of 25 America. People don't realize that 80 percent

Candyco Transcription Service, Inc.

(518) 371-8910 1 of the financing for the school system comes 2 from the State of New York. The people of 3 Buffalo pay 8 percent for their schools. And 4 that came, by the way, from a situation that 5 occurred years ago as regards busing. I 6 happen to know about that situation because I 7 was part of that. 8 But Buffalo is an extremely poor 9 city. Extremely poor city. But they also get 10 some STAR benefits, as does the City of 11 New York. Thanks to Senator LaValle, by the 12 way, because Senator LaValle is the person who 13 started the whole STAR program on Long Island, 14 and George Pataki picked it up from Joe Bruno. 15 And that's how we have a STAR program. 16 But we'd all better understand that 17 right now the best alternative is the cap. 18 But we'd also better all understand that we 19 can't just shuck the STAR program without a 20 revolution from our constituents. 21 ACTING PRESIDENT WINNER: Senator 22 LaValle. 23 SENATOR LaVALLE: Thank you, 24 Mr. President. 25 I'd like to start my remarks off by

Candyco Transcription Service, Inc.

(518) 371-8910 1 saying again -- and I know Senator Saland 2 reinforced those remarks -- that we have, 3 Senator Johnson, passed measures over many, 4 many years in every conceivable form. 5 "Stop Taxing Our Property," which 6 was a bill that was talked about that cut out 7 very specifically a methodology on how we 8 would place less of a reliance on real 9 property taxes and use our ability through the 10 broad-based taxes that come into this state to 11 fund education. We have done it over and over 12 again, but we have never had a partner. 13 Today we are here passing a bill 14 that Governor David Paterson has sent us. We 15 have a partner. And that partner has looked 16 at this state and listened to people, as we do 17 in our respective districts, and has said, You 18 know, we think education is critically 19 important, we have funded education as our 20 number-one priority, but we need to look at 21 the spending side of the equation. 22 We are spending in excess of 23 $45 billion to educate our approximately 24 3.1 million children who we educate in the 25 State of New York.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We have during the regular session, 2 through the focus of our Attorney General, 3 looked at certain aspects of double-dipping, 4 attorneys who were receiving benefits when 5 they should not have, receiving full-time 6 benefits when they were independent 7 contractors. 8 And, you know, before that, we 9 forget there were cases of people stealing, 10 stealing from the children, where the money 11 should have gone into the classroom and they 12 lined their pockets. Well, we have some 13 examples, the Roslyn School District and 14 others through this state. But how quickly we 15 forget that taxpayer dollars did not go into 16 the classroom but went into someone else's 17 pocket. 18 What we are doing today is we are 19 framing out a different debate that will take 20 place locally. Heretofore, school board 21 members were really policymakers who wanted to 22 make decisions as to what was in the best 23 interest of the kids, what kinds of programs 24 we wanted. And they would go to the taxpayers 25 and say "This is what we need to fund those

Candyco Transcription Service, Inc.

(518) 371-8910 1 programs." 2 Now school board members will have 3 to look at two aspects. One is policy, and 4 the second is how can we accomplish that 5 policy within certain parameters. Now they 6 have to look more closely at how people are 7 doing their jobs, whether there is 8 duplication, whether there is fraud, waste and 9 abuse in that school district. They have to 10 now be more critical than ever before. 11 This is about, and I know Senator 12 Saland and I have disagreed on this, but 13 whether the fund balance, at 4 percent, needs 14 to be at 4 percent. Maybe it needs to be at 15 something less in order to be helpful to the 16 taxpayer. 17 The taxpayer wants a quality 18 education; they will not yield on that. But 19 they want it done in the most fiscally prudent 20 way. The time that we live in, and everyone 21 knows it, the hardworking taxpayers in our 22 districts are really counting nickels and 23 dimes in how they move forward. Being frugal 24 is the order of the day, not going out and 25 spending, because of the economy.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And so I think this measure before 2 us comes at the right time. It sends a signal 3 to the people that we represent that we want a 4 good education, we will not yield. In terms 5 of our commitment in the previous bill, we've 6 made sure that there is a commitment of 7 $3.3 billion for the foundation aid. That 8 commitment that was given to our school 9 districts, that will continue. And I'm sure, 10 as we move forward, education in terms of our 11 commitment to the children of this state will 12 not diminish. Will not diminish. 13 But we also have, we also have to 14 ensure that our commitment to the taxpayer, 15 the person that's paying the bill, is equally 16 as strong at this time. 17 I congratulate Governor Paterson. 18 And now, assuming that there are enough votes 19 in this chamber, we must ensure that the 20 Assembly not hide but stand up for the people 21 that they represent. 22 This is an important first step. 23 Once we do this and once we move forward, some 24 of the other pieces that people are talking 25 about will come about. But the spending piece

Candyco Transcription Service, Inc.

(518) 371-8910 1 is the first critically important step that 2 this body and our Governor will take. 3 Thank you, Mr. President. 4 ACTING PRESIDENT WINNER: Senator 5 Stavisky. 6 SENATOR STAVISKY: Thank you. 7 May I just comment on a couple of the things 8 that have been said today. 9 For one thing, this proposal does 10 not apply to New York City or to the Big Five 11 school districts. 12 Secondly, when I was in college, 13 when I took economics we were taught that for 14 a tax to be fair, it's got to be based on the 15 ability to pay. And in fact, I happen to have 16 a license to teach social studies in the 17 New York City schools, and we teach that the 18 sales tax, property taxes, these are not based 19 on ability to pay. 20 For example, you can have a senior 21 citizen living on a fixed income, on Social 22 Security or perhaps a pension or perhaps some 23 investments, and they may have a house worth a 24 great deal of money. And they are what we 25 call property-rich, tax-poor.

Candyco Transcription Service, Inc.

(518) 371-8910 1 This is not going to help them. 2 What will help will be the circuit breaker. 3 And indeed we do have the circuit breaker in 4 New York State, and we've had it for many 5 years, whether it applies to housing or to 6 other areas. 7 What I'm concerned about is that it 8 took about 15 years for the courts to rule on 9 the Campaign for Fiscal Equity lawsuit, and 10 it's going to take us 15 minutes to reduce the 11 impact. I think that's very, very troubling. 12 It's going to take 15 minutes to 13 dismantle it because if this cap, this 14 cut-and-cap concept is passed, we're going to 15 see the results in the New York City school 16 system with the diminution of funding for the 17 New York City school. It may take a couple of 18 years to do so, but there is going to be less 19 funding for the schools. 20 And I prefer the circuit-breaker 21 concept because it is fair and it is 22 equitable, something that this cut-and-cap 23 bill is not. I will vote no. 24 ACTING PRESIDENT WINNER: Senator 25 Stewart-Cousins.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR STEWART-COUSINS: Yes, 2 thank you, Mr. President. 3 I've been listening to the debate 4 on all of the bills. Certainly the Majority 5 Leader began by talking about his travels 6 around, that everyone who spoke to him said 7 that it was about controlling property taxes. 8 I think all of us can say that. 9 All of our constituents are talking about 10 controlling property taxes. How are we going 11 to control all of the taxes? 12 And then of course I was listening 13 to Senator Volker, who talked about the 14 different parts of our state, mentioning of 15 course that Long Island and Westchester were 16 among the most heavily taxed. And then 17 Senator Padavan mentioned something about 18 parochialism. So I guess during my remarks 19 I'm going to be a little bit parochial. 20 I represent, as many of you do, 21 over 300,000 people. This particular tax cap, 22 what we are talking about, leaves out about 23 200,000 of them. The City of Yonkers, one of 24 the Big Five, will not be included. So 25 controlling property taxes is not relevant for

Candyco Transcription Service, Inc.

(518) 371-8910 1 the largest city in Westchester County, the 2 fourth largest in the state. That's number 3 one. 4 The other group -- again, many of 5 whom are property taxpayers -- have watched 6 the struggles of the City of Yonkers and their 7 school system, have watched and wondered why 8 we weren't part of CFE because that was the 9 way, finally and hopefully, to heal some of 10 the inequities. We watched and we hoped that 11 New York State would make education a 12 priority. 13 And finally, as Senator Stavisky 14 said, after 15 years CFE was passed. And the 15 collective decision over the past two years 16 was to look at high-needs school districts and 17 try and create formulas that work for all of 18 our children. 19 That has not happened for Yonkers, 20 and it is something that must happen for 21 Yonkers. 22 But beyond that, the other part of 23 my district has watched the high taxes, has 24 watched the City of Yonkers struggle, has 25 watched the education system be burdened by a

Candyco Transcription Service, Inc.

(518) 371-8910 1 lack of commitment of adequate state funds. 2 And guess what? Those property taxpayers are 3 saying, Wait a minute, don't cap my ability to 4 control the resources that go into my school 5 district. At a time when schools in some of 6 my areas are high-performing, they've looked 7 at what's happened in terms of school funding, 8 they've looked at what's happened when the 9 state pulls back its resources, and they say: 10 Not me, not mine. I want to have the ability 11 to make sure that my children get an 12 education. 13 I will be voting no because we need 14 to make sure that all of our schools are 15 funded properly. We need to leave the local 16 control to those who can indeed support the 17 educational system and not leave questions as 18 to whether or not there will be enough, 19 whether our children will achieve, and whether 20 or not this state will continue to make 21 education a priority. 22 I will be voting no on the tax cap 23 and look forward to a real conversation about 24 how we can make property taxes and taxes lower 25 for all of the residents in New York State.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 Diaz. 3 SENATOR DIAZ: Thank you, 4 Mr. President. 5 As I said before, the main purpose 6 that we're here today is to find a way in 7 which we could balance the budget. The 8 Governor is saying that the state has a 9 deficit for this year of $630 million. So how 10 are we going to balance the budget? That's 11 the main question. 12 The Governor decided that by 13 sending us a bill to put a property tax cap, 14 that would solve the problem. The media has 15 praised the Governor, the whole State of 16 New York are praising the Governor, 70 percent 17 of the people of New York are praising the 18 Governor. And here today we are using the 19 Governor's bill and everybody is saying this 20 is what the Governor sent. 21 My question to the Governor, my 22 question for the Governor, to the Democratic 23 Governor of this state, the Honorable David 24 Paterson, my question to him is, does he know 25 that everybody in the State of New York, every

Candyco Transcription Service, Inc.

(518) 371-8910 1 business, every merchant pays cigarette taxes? 2 Do the people of New York know, the people of 3 the State of New York know that the businesses 4 in the Indian reservations don't pay taxes and 5 that the state is giving them $500 million in 6 free taxes for cigarettes? 7 So why, if the Governor wants to 8 balance the budget, why are we giving 9 $500 million in free cigarette taxes to the 10 Indian reservations? Why? Governor, you 11 don't have to put in jeopardy what the people 12 from the Campaign for Fiscal Equity achieved, 13 equal parity in education money. 14 Now, the Governor knows that when 15 anyone in the State of New York purchases 16 something with a credit card, that credit 17 card, that bill is sent to the credit card 18 company, the credit card company takes their 19 money, and the taxes that the people are 20 supposed to pay are sent back to the merchant 21 instead of the taxes being sent back to the 22 State of New York. 23 And when the merchant gets the 24 money, the money is not reported to the State 25 of New York -- some merchants just report an

Candyco Transcription Service, Inc.

(518) 371-8910 1 average, some merchants just play bankrupt -- 2 and the money, the taxes that are due to the 3 State of New York don't get to the State of 4 New York. 5 So why don't the Governor send us a 6 bill forcing the credit card companies not to 7 send the tax money that is owed to the state 8 back to the merchant? Instead, send the money 9 to the State of New York. There is 10 $500 million there. 11 The Governor knows that the State 12 of New York pays $1.9 million, through 13 Medicaid and EPIC, on the purchasing of 14 prescription drugs. So why don't the Governor 15 purchase bulk prescription drugs? And he will 16 be saving millions of dollars there. 17 So finally, Mr. President, why 18 don't the Governor tax those people in the 19 State of New York that make $10,000 a week or 20 more a little bit more, and we will get about 21 $6 billion there. 22 We could solve the whole problem. 23 Number one, tax the Indian reservations. 24 There's $500 million that the state is giving 25 to them for cigarette taxes. Number two,

Candyco Transcription Service, Inc.

(518) 371-8910 1 let's have the credit card companies send the 2 taxes straight to the State of New York and 3 not back to the merchants. Number three, 4 let's tax the people that make $10,000 or more 5 a week a little bit more, and we could get 6 money. 7 So you don't have to be a genius to 8 do that. We don't have to be here all day 9 talking about circuit breaker or talking about 10 this and that. Let's -- Governor, 11 Mr. Governor, it's easy. 12 But you know the problem? We don't 13 want to do that because we don't want to face 14 the Indian reservations. We don't want to do 15 that because we don't want to face the credit 16 card companies. We don't want to do that, we 17 don't want to tax the rich because we don't 18 want to get into problems. Let's put on a cap 19 and let's play with the money for education 20 and let's hurt the needy ones, let's hurt the 21 blacks and Hispanics, and the problem will be 22 solved. And that's what we do. 23 That's why I'm voting no. That's 24 why I'm asking my colleagues to vote no. And 25 if the Governor wants to solve the problem, I

Candyco Transcription Service, Inc.

(518) 371-8910 1 am giving him the solution to solve the 2 problem. 3 Thank you very much. 4 ACTING PRESIDENT WINNER: Any 5 Senator wishing to be heard? 6 The debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 23. This 10 act shall take effect February 1, 2009. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT WINNER: Senator 15 Leibell, to explain his vote. 16 SENATOR LEIBELL: Thank you, 17 Mr. President. 18 I've listened with a great deal of 19 attention today to this debate because this is 20 certainly an issue that is of critical 21 importance to New Yorkers regardless of the 22 region of the state that they are from. In 23 the past Senator Saland has offered 24 legislation, Senator Bonacic and myself, to go 25 even further and try and define this problem.

Candyco Transcription Service, Inc.

(518) 371-8910 1 The Majority Leader said earlier 2 today, when we began this discussion, that 3 this is not by any means a complete solution. 4 But it is a partial solution, and it is a 5 recognition of the issue that's out there in 6 front of us. 7 I don't have to describe to my 8 colleagues what is happening throughout the 9 State of New York. The property tax is making 10 this two separate states -- 11 ACTING PRESIDENT WINNER: Senator 12 Leibell, will you suffer an interruption? I'm 13 sorry. 14 SENATOR LEIBELL: Yes, 15 Mr. President. 16 ACTING PRESIDENT WINNER: Ladies 17 and gentlemen and colleagues, would you please 18 give Senator Leibell your attention and tone 19 down the noise in the chamber. And we'll get 20 this vote recorded. 21 Thank you, Senator Leibell. 22 SENATOR LEIBELL: Thank you, 23 Mr. President. 24 The property tax is making us in 25 effect two separate states, a state of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 wealthy and a state of the poor, because our 2 middle class, which is the bulk of this state, 3 will be forced out. They will no longer be 4 able to survive in New York. 5 I personally think that the 6 property tax is an archaic tax that some time 7 ago outlived its usefulness. Nonetheless, we 8 have something today that I think is 9 important. It is a significant step. I think 10 the Governor is absolutely on point in trying 11 to address this problem. 12 I'm only disappointed that we are 13 not joined here in the Capitol today by the 14 Assembly so they could also act on this 15 measure and at least, at the very, least have 16 a discussion and a debate. 17 Nonetheless, I'm pleased to support 18 this, Mr. President. I vote aye. 19 ACTING PRESIDENT WINNER: Senator 20 Leibell will be recorded in the affirmative. 21 Senator DeFrancisco, to explain his 22 vote. 23 SENATOR DeFRANCISCO: Yes, I vote 24 aye on this legislation as well. 25 And I think there probably is not

Candyco Transcription Service, Inc.

(518) 371-8910 1 one person in this chamber who has not said at 2 one time or another that we've got to find an 3 alternative to funding education other than 4 property taxes. 5 Well, if we put a cap on property 6 taxes, I would think that that would be a step 7 towards that goal, to rely less heavily on 8 property taxes. And as the people in this 9 state have spoken through every poll that I 10 know of, they want a cap on property taxes 11 because they're leaving their homes. They 12 can't afford their homes. 13 And we've got to provide that 14 relief. We would love to have on this list 15 today a laundry list of other pieces of 16 legislation, but unfortunately we don't have a 17 partner. We have a partner in the Governor on 18 this piece of legislation, and we should jump 19 at it, pass it, and hope for more to come. 20 And the more to come, I would 21 guess, in view of our good faith, would be for 22 the Governor to sign on to our mandate relief 23 bill that we passed with this legislation 24 today. Because the mandate relief bill gives 25 school districts the opportunity to save the

Candyco Transcription Service, Inc.

(518) 371-8910 1 money they need to save to operate more 2 efficiently. And today we also committed to 3 following the foundation aid formula by that 4 legislation, the mandate relief legislation. 5 So I think this is an extremely 6 important bill, not only for the taxpayers of 7 the state, but also as step one to moving away 8 from dependency on property taxes to fund our 9 most important responsibility, education. 10 I vote aye. 11 ACTING PRESIDENT WINNER: Senator 12 DeFrancisco will be recorded in the 13 affirmative. 14 Senator Libous, to explain his 15 vote. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. 18 I have enjoyed the debate this 19 afternoon, listened to a number of views and 20 thoughts and proposals on how to solve an 21 issue that is pretty clear to me but clearer 22 to the people that I represent and the people 23 of this state. 24 And that's pretty simple. Wherever 25 you go throughout my district, it's taxes,

Candyco Transcription Service, Inc.

(518) 371-8910 1 property taxes first and foremost. And they 2 talk about jobs, and they talk about spending. 3 But today we are going to do something about 4 property taxes. That's the issue that's 5 before us. 6 And while there have been some 7 other creative suggestions, this is what the 8 people want. This is what they've been 9 calling for, and this is what's needed in 10 New York State, is a cap on property taxes. 11 Now, some of my colleagues said the 12 cap is not perfect, but it is a starting 13 point. And the exciting thing about this is 14 we have a partner in this, and the partner is 15 the Governor, because the Governor recognizes 16 that property taxes in this state are too 17 high. 18 He also recognizes that we are in a 19 fiscal crisis and one of the ways in dealing 20 with that fiscal crisis -- and I'm sure when 21 we come back on the 19th we'll come up with 22 some other suggestions and recommendations -- 23 is to relieve the tax burden on New Yorkers. 24 Now, as Senator Skelos said -- I 25 had the pleasure of joining him -- he has

Candyco Transcription Service, Inc.

(518) 371-8910 1 traveled all over this state in the last 2 month. And everywhere he went, and I joined 3 him on some of those visits, that was all we 4 heard, property taxes. Property taxes are too 5 high. 6 So what we're doing today, my 7 colleagues, is what needs to be done in this 8 state. It's putting a cap on the single -- 9 this is the number-one public enemy of this 10 state, property taxes. And we're going to cap 11 it with this legislation. And we have a 12 partner. 13 And as some of you said, it's 14 unfortunate that the lights are out in the 15 other chamber. The lights are out in the 16 other chamber. That's very, very sad for the 17 people of New York State, because we need that 18 third partner to come back here and support 19 what the Governor is doing. 20 His leadership on this issue I 21 think is tremendous. Senator Skelos and the 22 Senate Majority are joining in doing what's 23 right, capping property taxes. 24 I vote aye, Mr. President. 25 ACTING PRESIDENT WINNER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Libous will be recorded in the affirmative. 2 Senator Fuschillo, to explain his 3 vote. 4 SENATOR FUSCHILLO: Mr. 5 President, just briefly. Let me thank the 6 Majority Leader, Senator Skelos, for bringing 7 this to the floor and partnering with our 8 Governor. 9 On my side of the aisle, the 10 Republican aisle, when I travel throughout my 11 district and throughout Long Island with my 12 Republican Senators -- Senator Trunzo and 13 Senator Marcellino, and I see Senator Hannon 14 and Senator Johnson, Senator LaValle, and 15 Senator Flanagan -- it's it. This is all 16 people talk about. 17 And Senator Libous just said it's 18 unfortunate that the lights in the other 19 chamber are out. I just hope that their 20 inaction on providing a property tax relief 21 plan doesn't turn the lights out in any more 22 houses throughout New York State. 23 Mr. President, if you're going to 24 talk the talk, you've got to walk the walk. 25 We've heard a lot of talk over this past

Candyco Transcription Service, Inc.

(518) 371-8910 1 legislative session about providing relief. 2 This provides real, meaningful relief. 3 I vote aye. 4 ACTING PRESIDENT WINNER: Senator 5 Fuschillo will be recorded in the affirmative. 6 Senator Larkin, to explain his 7 vote. 8 SENATOR LARKIN: Thank you, 9 Mr. President. 10 You know, we've been talking here 11 in the live chamber, and we just walk down the 12 hall, as Senator Fuschillo said, and we talk 13 to a dark chamber. 14 But the people of the State of 15 New York aren't stupid. You know, there are 16 some people out there saying, "Well, this 17 isn't the right thing to do." What were you 18 sent here to Albany to do? You were sent here 19 to Albany to do the people's business, to take 20 care of the people, to do something that will 21 enhance their quality of life. 22 Now, I've heard some people say we 23 need $500 million so we can heat the homes. 24 You know, I was on a radio show the other day 25 and a guy called in, this gentleman called in,

Candyco Transcription Service, Inc.

(518) 371-8910 1 and he said: "Heat the what? If I don't lose 2 it on foreclosure, I'm going to lose it on 3 taxes. So you don't need to give me any heat 4 money, because I don't need it -- the house 5 won't be there for me to reside in." 6 So when are we going to stop the 7 nonsense? Someone says, Well, this isn't 8 right, this is that, this is that. You know, 9 I don't mean to be rude, but I'm going to be 10 81 years old in February. I had the privilege 11 of serving this country for 23 years, and I 12 served in combat in World War II and Korea. 13 I've heard more disgusting comments today 14 about doing something positive than I heard in 15 all that time. 16 I heard young men and women 17 fighting for a cause that they believed was 18 right for the people of the United States of 19 America, so that you and I could here today 20 and discuss it. We're discussing it, but 21 we're trying to find ways to kill it. 22 If we wanted to kill it, then why 23 didn't all the people on the other side of the 24 aisle go to the second floor and say 25 "Governor, let's kill the bill"? He won't,

Candyco Transcription Service, Inc.

(518) 371-8910 1 because his favorables this morning are 65. 2 In my district this week, 86 3 percent of the people said a tax cap is the 4 number-one issue in my mind, and if you don't 5 do something about it, I'll find somebody else 6 to do it. 7 So why don't we just stop all the 8 nonsense and think. We're here today, the 9 Governor wants us, we need a partner. We have 10 one partner; we need another partner. 11 But I think, for those of you who 12 are going to vote no on this, you belong to a 13 special interest group. For those of us who 14 are voting yes, we're thinking about the 15 people that we care about, that we committed 16 ourself and we took an obligation and we swore 17 that we would uphold the Constitution. 18 Ladies and gentlemen, think about 19 why you were sent here, not your personal 20 life. I vote yes. 21 ACTING PRESIDENT WINNER: Senator 22 Larkin will be recorded in the affirmative. 23 Senator Golden, to explain his 24 vote. 25 SENATOR GOLDEN: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Mr. President. 2 Today we're passing two bills, the 3 bill we just passed before and the bill we're 4 about to pass now, that gives us tax relief 5 not just for the state but for the cities 6 across this great state. This bill today 7 caps, outside the Big Five, at 4 percent a cap 8 on property tax. Very, very simple. 9 Everybody understands that. From the City of 10 New York up to Buffalo, everybody understands 11 what a cap is. 12 The bill we passed just a little 13 while ago froze the assessments, which will 14 greatly help the City of New York in freezing 15 that assessment so that we can understand a 16 proper assessment that would work for all of 17 the State of New York and to reduce taxes in 18 the city as well as outside the City of 19 New York and across this great state. 20 These are two very, very good 21 bills. These are the bills that the people of 22 this great city, great state, want to see 23 passed. And another bill that will be passed 24 somewhere in the future is going to be a cap 25 on spending, a constitutional amendment that

Candyco Transcription Service, Inc.

(518) 371-8910 1 really does what it's supposed to do, which is 2 limit spending, limit the taxes that can be 3 passed on to the people across this great 4 state, and do something in keeping people the 5 people in this great state and giving them and 6 their families the quality of life that they 7 deserve. 8 I vote aye. Thank you, 9 Mr. President. 10 ACTING PRESIDENT WINNER: Senator 11 Golden will be recorded in the affirmative. 12 Announce the results. 13 SENATOR LIZ KRUEGER: Mr. 14 President, I believe I was next. 15 ACTING PRESIDENT WINNER: Well, 16 didn't see your hand. 17 Senator Krueger, to explain her 18 vote. 19 SENATOR LIZ KRUEGER: Thank you, 20 Mr. President. I'm sorry, I thought they had 21 nodded before when I had waved. To explain my 22 vote. 23 Well, I'm voting no, as I said 24 before, because again, despite the smoke and 25 mirrors, the property tax is the only tax the

Candyco Transcription Service, Inc.

(518) 371-8910 1 localities can handle on their own. 2 And despite the smoke and mirrors, 3 if you look at the data, the average tax in 4 each of our localities, whether you're the Big 5 Five or any other district in the state, 6 didn't go up more than 4 percent last year. 7 And despite the smoke and mirrors, 8 pretty much most of the school districts, the 9 voters in those districts decided to approve 10 their school budgets. 11 So yes, people are upset about 12 their tax rates. I understand that. And 13 people think that property tax is what will 14 get them out of their problems. Although, 15 again, the circuit breaker is something that 16 polls better with people than the tax cap, if 17 anybody thinks that they should lead by 18 following polls -- which isn't, I actually 19 think, how we should lead. 20 But I just want to highlight that 21 in my district, my parents are talking about 22 overcrowding. My parents are talking about 23 the fact that we're ending our pre-K programs, 24 that we're doing away with our gifted and 25 talented programs because we can't fit in the

Candyco Transcription Service, Inc.

(518) 371-8910 1 schools. My district and all of New York City 2 is still talking about could we finally 3 address full commitment to the Campaign for 4 Fiscal Equity funding. 5 Most people in the State of 6 New York do understand the facts when you 7 explain them to them. And so they do 8 understand, if you explain to them, that while 9 a tax cap might change the local impact or it 10 might be exactly what it was going to be next 11 year anyway, that unlike a circuit breaker, if 12 John Sampson and I are next-door neighbors and 13 we own houses that are worth exactly the same 14 amount of money, and I am a senior on a fixed 15 income with $35,000 a year and John Sampson 16 makes $500,000 a year, we're going to pay the 17 same tax on our houses. And so a property tax 18 cap, my cap, is the same, but we're still 19 stuck with the same tax rate even though his 20 income could be 10, 20, 30 times mine. 21 So I think the voters of New York 22 State do understand that's not what they think 23 is fair and equitable. And a circuit breaker 24 proposal could have gotten us there. 25 And when I am told this is what was

Candyco Transcription Service, Inc.

(518) 371-8910 1 before us today, I'm sorry, I was invited back 2 by the Majority Leader, Senator Skelos. He 3 could have put something else on the floor. 4 He chose not to. 5 And when I am told, well, the 6 Assembly is not here -- well, by the way, the 7 Governor is not here either. He called us 8 back for August 19th. I suspect we're all 9 going to be here. Maybe by then we can have a 10 serious discussion about what makes sense in 11 the context of the best interests of all the 12 voter of New York State and the difficult 13 economic times we find ourselves in. 14 So I'm delighted to be here today. 15 I'm glad we had this debate. I've learned 16 something. I hope my colleagues have. And 17 maybe by August 19th when we're back here 18 we'll reevaluate what we could bring to the 19 floor of the State Senate and the State 20 Assembly. 21 So thank you very much for the 22 interesting debates today, and I look forward 23 to doing this again -- maybe with some 24 additional options brought to the floor -- on 25 August 19th. But I'll be voting no.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT WINNER: Senator 3 Krueger will be recorded in the negative. 4 Senator Seward, to explain his 5 vote. 6 SENATOR SEWARD: Yes, thank you, 7 Mr. President. Very briefly. 8 I rise in support of this 9 legislation, and I thank our Majority Leader, 10 Senator Skelos, for calling us back and for 11 putting this piece of legislation on the floor 12 of the New York State Senate. 13 Because those that are voting yes 14 on this bill, we are partnering, we're working 15 together in a bipartisan manner with the 16 Governor of this state for property tax 17 relief. 18 Now, when I look at this issue, I 19 think it's very important that we keep in mind 20 we're doing the property tax cap bill -- also, 21 of course, coupled with the previous bill that 22 we passed, makes this an excellent package 23 that helps the property taxpayers of our 24 state, provides some relief for them. It also 25 helps education of our children, maintaining a

Candyco Transcription Service, Inc.

(518) 371-8910 1 good, sound education. 2 Because the cap is going to be 3 important, but also the mandate relief. And 4 we're addressing the spending side of the 5 equation. With that also, of course, capping 6 the pension costs of the districts, helping 7 the districts with their energy costs by 8 helping them with their energy-saving 9 measures. 10 And very importantly, we're 11 stepping up to the plate and we are 12 recommitting to the fact that we are going to 13 stand up and live up to our commitment to 14 education in this state. We're reaffirming 15 our commitment to the foundation aid. It's a 16 multiyear program which will help our school 17 districts, help our children and property 18 taxpayers going forward. 19 So a property tax cap, coupled with 20 the mandate relief and stepping up to the 21 plate with state aid in the future years, is a 22 package which helps the taxpayers of this 23 state. 24 Mr. President, I vote aye. 25 ACTING PRESIDENT WINNER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Seward will be recorded in the affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 2248 are 5 Senators Adams, Breslin, Connor, Diaz, Dilan, 6 Duane, Gonzalez, Hassell-Thompson, Huntley, 7 L. Krueger, Montgomery, Onorato, Parker, 8 Perkins, Sampson, Savino, Serrano, Stavisky, 9 Stewart-Cousins and Thompson. 10 Ayes, 38. Nays, 20. 11 ACTING PRESIDENT WINNER: The 12 bill is passed. 13 Senator Skelos. 14 SENATOR SKELOS: Thank you, 15 Mr. President. 16 There will be an immediate meeting 17 of the Finance Committee in the Majority 18 Conference Room. 19 And if we could now go to motions 20 and resolutions, I move that we adopt the 21 Resolution Calendar, with the exception of 22 Resolutions 6928, 6999, 6998, and 7014. 23 ACTING PRESIDENT WINNER: All 24 those in favor of adopting the Resolution 25 Calendar, with the exceptions of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 resolutions so enumerated by the Majority 2 Leader, signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT WINNER: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT WINNER: The 8 Resolution Calendar is adopted. 9 SENATOR SKELOS: Mr. President, 10 if we could, Resolution 6999, by Senator 11 Maltese, is at the desk. If we could have the 12 title read and move for its immediate 13 adoption. 14 ACTING PRESIDENT WINNER: The 15 Secretary will read. 16 Before the Secretary reads, may we 17 have some quiet in the chamber while those 18 people going to the Senate Finance Committee 19 please exit. But do so quietly, and we can 20 have that resolution read. Thank you. 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Maltese, Legislative Resolution Number 6999, 24 commemorating the 110th Anniversary of the 25 Philippine Declaration of Independence from

Candyco Transcription Service, Inc.

(518) 371-8910 1 Spain on June 12, 2008. 2 ACTING PRESIDENT WINNER: On the 3 resolution, all in favor signify by saying 4 aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT WINNER: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT WINNER: The 10 resolution is adopted. 11 Senator Skelos. 12 SENATOR SKELOS: If we could open 13 that resolution up for cosponsorship. If 14 anybody wishes not to sponsor it, they should 15 notify the desk. 16 ACTING PRESIDENT WINNER: Anybody 17 not wishing to sponsor the resolution please 18 notify the desk. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 Resolution 6928, by Senator Smith, is at the 22 desk. If we could have the title read and 23 move for its immediate adoption. 24 ACTING PRESIDENT WINNER: The 25 Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: By Senator Smith, 2 Legislative Resolution Number 6928, paying 3 tribute to the life and accomplishments of 4 former Common Council member and civil rights 5 pioneer Sarah Curry-Cobb, distinguished 6 citizen and devoted member of her community. 7 ACTING PRESIDENT WINNER: Senator 8 Breslin. 9 SENATOR BRESLIN: Thank you, 10 Mr. President. I'm acting as -- 11 ACTING PRESIDENT WINNER: Senator 12 Breslin, will you suffer an interruption, 13 please. 14 Would you please take your 15 conversations outside the chamber. We need 16 some order and respect given to Senator 17 Breslin's comments on this very, very 18 important resolution. 19 Thank you, Senator Breslin. 20 SENATOR BRESLIN: Thank you, 21 Mr. President. 22 I'm acting as a surrogate for 23 Senator Smith and also a cosponsor of this 24 resolution. 25 Sarah Curry-Cobb, such an important

Candyco Transcription Service, Inc.

(518) 371-8910 1 member of the Albany community. Sarah died in 2 July of pancreatic cancer. But during her 3 years, starting with her teaching at a college 4 in Orangeburg, South Carolina, in the sixties, 5 where she got to know Martin Luther King and 6 work in the civil rights movement -- and she 7 used to regale me with stories. And to me, 8 from someone who had a personal relationship 9 with Martin Luther King, it was great to hear 10 those stories. 11 In Albany she was the chief of 12 staff for Aurelia Greene in the Assembly, and 13 in the greater Albany community was a member 14 of the Common Council, from 1994 to 2005, and 15 a very active member in the Metropolitan 16 New Testament Baptist Church, a place that she 17 would frequently invite me to go on Sundays. 18 We will all miss her greatly. She 19 did so much for the City of Albany and its 20 community -- politically, governmentally -- 21 and did so much as the chief of staff of 22 Aurelia Greene. And we sorrow for her 23 passing. 24 Thank you, Mr. President. 25 ACTING PRESIDENT WINNER: Thank

Candyco Transcription Service, Inc.

(518) 371-8910 1 you, Senator Breslin. 2 All those in favor of the 3 resolution signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT WINNER: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT WINNER: The 9 resolution is adopted. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 there's another resolution at the desk, I 13 believe it's 6998. Could we take it up in 14 title only. 15 ACTING PRESIDENT WINNER: The 16 Secretary will read. 17 SENATOR LIBOUS: And then 18 recognize Senator Perkins, please. 19 THE SECRETARY: By Senator 20 Perkins, Legislative Resolution Number 6998, 21 mourning the death of Harlem renaissance woman 22 extraordinaire Dr. Barbara Ann Teer, 23 distributed citizen and devoted member of her 24 community. 25 ACTING PRESIDENT WINNER: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Perkins. 2 SENATOR PERKINS: Thank you, 3 Mr. President. 4 And I appreciate the opportunity to 5 share, not only on my behalf but of behalf of 6 my community and perhaps on behalf of the 7 black arts community throughout New York City 8 and throughout the country. Because 9 Dr. Barbara Ann Teer made a mark not just in 10 Harlem, in terms of what she did with the 11 National Black Theater, but her work included 12 an international portfolio that had her 13 traveling all over the world, not only in 14 Africa but also in the Caribbean. 15 And she was able to transform the 16 whole notion of black theater in such a way 17 that she was able to establish a reputation 18 that broke ground in ways that had never been 19 broken before. When folks were wondering if 20 there was any such thing as black theater, she 21 decided to prove that, first by establishing a 22 theater in the Harlem community, at a time 23 when that community was on its way down. 24 And so she decided that this was a 25 historic neighborhood that resonated beyond

Candyco Transcription Service, Inc.

(518) 371-8910 1 its own boundaries and was able to make a 2 substantial contribution in terms of the 3 theater that she created. And I wanted to 4 recognize Governor Cuomo for the support that 5 he gave her in helping to establish that 6 theater, which is somewhat of a landmark in 7 our community. 8 And she had touched all the major 9 artists and cultural giants of her time that 10 so many of us have come to take for granted as 11 common heroes and sheroes in the black arts 12 arena. 13 So it has been a great honor for me 14 to have known her for so long, and the 15 contributions that she's made to the 16 neighborhood and the contributions that she 17 has made to culture in general. 18 And I wanted to just take a moment 19 to recognize her and to thank the Senate for 20 this proclamation. Her family, I'm sure, will 21 be greatly appreciative of the recognition 22 that she's getting at this level. 23 Thank you. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator.

Candyco Transcription Service, Inc.

(518) 371-8910 1 All in favor please signify by 2 saying aye. 3 (Response of "Nay.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 resolution is adopted. 9 Senator Libous. 10 SENATOR LIBOUS: Can we take up 11 Resolution 7014, read the title only, and move 12 for its immediate adoption, please. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Maltese, Legislative Resolution Number 7014, 17 urging the New York State Congressional 18 delegation to fully fund the No Child Left 19 Behind Act of 2002 and the Individuals with 20 Disabilities Education Act. 21 ACTING PRESIDENT GRIFFO: All in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT GRIFFO: 25 Opposed, nay.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT GRIFFO: The 3 resolution is adopted. 4 Senator Libous. 5 SENATOR LIBOUS: Mr. President, 6 we're going to stand at ease temporarily. 7 We're waiting for the report of the Finance 8 Committee. 9 ACTING PRESIDENT GRIFFO: The 10 Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 2:55 p.m.) 13 (Whereupon, the Senate reconvened 14 at 3:23 p.m.) 15 ACTING PRESIDENT GRIFFO: The 16 Senate will come to order. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 could we go back to reports of standing 20 committees. 21 I believe there's a report from the 22 Finance Committee at the desk. 23 ACTING PRESIDENT GRIFFO: Reports 24 of standing committees. 25 The Secretary will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Senator Johnson, 2 from the Committee on Finance, reports the 3 following nominations: 4 As a member of the New York State 5 Racing and Wagering Board, John D. Sabini, of 6 Jackson Heights. 7 ACTING PRESIDENT GRIFFO: Senator 8 Smith. 9 SENATOR SMITH: Yes, thank you 10 very much, Mr. President. 11 I rise to second the nomination of 12 a good friend -- a good friend, a colleague, 13 someone who I've known for years. 14 And I did find out one interesting 15 fact as I was doing some background checking 16 on my good friend, is that he was the first 17 freshman Democratic Senator appointed to the 18 Rules Committee since 1937. I mention that 19 only to point out that Senator Sabini has 20 always been someone who has been the first on 21 many things. 22 They say that one person's gain is 23 another person's loss. Well, while I am proud 24 about the fact that Senator Sabini is going to 25 be the chair of the Racing and Wagering Board,

Candyco Transcription Service, Inc.

(518) 371-8910 1 it does not come with a slight of heart, in 2 that he is losing a body that we did 3 appreciate him to be in. 4 He was a very distinguished member, 5 a very learned colleague, one who brought a 6 great breadth of intellect and common sense to 7 our conference. Every now and then it's good 8 to have a conscience, someone that not only 9 whispers in your ear about what you should be 10 thinking about beyond the pale but also one 11 that gives you ideas that at the end of the 12 day make some sense. 13 For my personal journey in life, 14 and John knows this, when he was the chair of 15 the Queens County Organization, he stretched 16 out his particular personality and his 17 integrity and supported me when I was a much 18 younger man seeking public office, when, as 19 Senator Huntley will know, it's not easy to 20 get a Queens Democratic Organization 21 endorsement. And John stood up to many and 22 said, No, this young man deserves to try for 23 this or that office. 24 And I am ever grateful for that, 25 because it was that moment that helped to

Candyco Transcription Service, Inc.

(518) 371-8910 1 launch my political career. 2 So it is with great humility, it is 3 with great joy and some sadness that I stand 4 here seconding his nomination. I think he's 5 going to be a tremendous asset to the board. 6 His intellect, as it relates to racing and 7 gaming, is going to be tremendous for the 8 state. 9 The Governor should be applauded 10 for making such a fine selection of someone 11 who is going to be a tremendous credit to this 12 state, a tremendous credit to us as members. 13 I think our entire conference, 14 John, in addition to other members on the 15 other side of the aisle, know that you are 16 going to be one of the individuals who will 17 make history in this state and will do the 18 right thing for the State of New York. 19 You know that we have a tremendous 20 deficit, so anything you can do to help us 21 with that deficit, raising some revenue for 22 the State of New York, will be appreciated. 23 Mr. President, I am thrilled to 24 stand here and second my friend, my colleague, 25 Senator John Sabini.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Congratulations, John. 2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Smith. 4 Senator Maziarz. 5 SENATOR MAZIARZ: Thank you very 6 much, Mr. President. 7 On behalf of the Senate Majority, I 8 want to stand. We know this is a Friday, a 9 rare Friday afternoon session that we have, 10 but I want to join my colleague, the Minority 11 Leader, Senator Smith, in congratulating our 12 colleague and, more importantly, our very good 13 friend Senator John Sabini upon his 14 appointment to the Racing and Wagering Board. 15 We think this is an excellent 16 appointment. Senator Sabini, John, has 17 been -- as Senator Larkin, I'm sure, will be 18 pointing out in a few minutes -- a great 19 resource for the Racing and Wagering 20 Committee. His knowledge of the industry 21 probably gained a lot from personal experience 22 at casinos and racetracks, I think. But his 23 knowledge of the industry is really second to 24 none when it comes to members of this 25 legislative body.

Candyco Transcription Service, Inc.

(518) 371-8910 1 John is a true professional. And 2 as much as we in the Majority want to 3 congratulate you, John, we're going to miss 4 your expertise. You've always been extremely 5 gracious and friendly, both here on the 6 floor -- even when most of the time you've 7 been wrong on the issues, John, but -- 8 (Laughter.) 9 SENATOR MAZIARZ: But certainly, 10 you know, in our lounge and in our personal 11 relationships, John, you've always been a true 12 professional. 13 And we know that sometimes during 14 the course of a debate things may get a little 15 heated and testy, and it's never happened with 16 you, John. 17 And we congratulate you. 18 Mr. President, we wholeheartedly 19 support and endorse this fine nomination by 20 the Governor. Thank you. 21 ACTING PRESIDENT GRIFFO: Senator 22 Breslin. 23 SENATOR BRESLIN: Thank you, 24 Mr. President. 25 It's the first time I think I've

Candyco Transcription Service, Inc.

(518) 371-8910 1 ever spoken on behalf of a nomination when the 2 person is sitting where he can reach out and 3 pull me down. 4 But it's a very -- which he should 5 have earlier today. 6 (Laughter.) 7 SENATOR BRESLIN: It's a very 8 bittersweet day, I think, for the New York 9 State Senate. 10 And I'd like to just briefly say 11 that rarely do you find someone who (a) 12 possesses political qualities where 13 instinctively they know what's good 14 politically, and (b) someone who really knows 15 the policy aspects of government. Combining 16 those two is unique in and of itself. 17 But to add to that someone who does 18 it with a smile -- and he does do it with 19 smile. And he never -- I've watched him -- he 20 doesn't do it differently if you're a 21 Republican versus a Democrat. And that's a 22 wonderful thing. You know, we should all 23 treat each other as we'd expect to be treated 24 until treated otherwise. 25 John brings those three unique

Candyco Transcription Service, Inc.

(518) 371-8910 1 qualities to his new position. 2 I know that he'll miss this place 3 tremendously. I think he loves the roughness 4 of the New York State Senate, as he did the 5 New York City Council. And I think he was 6 born to be in the New York State Senate. 7 However, the Governor sought his 8 advice, and I'm sure he'll be rewarded -- I 9 know he'll be rewarded with a better contract 10 than he has here. He's not subject to 11 two-year renewal. He's given more perks than 12 we have. Although I know that he will work 13 just as hard as he has here. 14 I wish him Godspeed, and I will 15 wish him tremendously. And I am scared to 16 death who will sit next to me in the future. 17 (Laughter.) 18 ACTING PRESIDENT GRIFFO: Senator 19 Stachowski. 20 SENATOR STACHOWSKI: Yes, 21 Mr. President, I too rise to second the 22 nomination of John Sabini. I congratulate the 23 Governor on an excellent choice. 24 I think John brings a great 25 expertise, and I think he also brings an

Candyco Transcription Service, Inc.

(518) 371-8910 1 investigative insight into a lot of these 2 issues. 3 When John became the ranker on 4 Racing and Wagering, he said earlier at the 5 committee that he didn't know all that much 6 about horse racing and its inner workings, but 7 he went to work studying it. And he's learned 8 a lot about it, and I think he's very well 9 versed in it, as well as some of the other 10 gambling aspects. And anything he's not well 11 versed in right now I know he will be in a 12 very short time. 13 And I think that's a quality he 14 brings, as well as having a legislative 15 background not only as a member but as a 16 staffer, so that he will know, when he gets a 17 call, how to deal with people. And that's a 18 great advantage over some people that have 19 never served in any kind of capacity of that 20 nature. 21 So that when he knows that we call 22 him and have a question, he might find an 23 easier way to answer or at least to have the 24 decency to get back to us yes or no, rather 25 than no response. And all we ever ask for

Candyco Transcription Service, Inc.

(518) 371-8910 1 when we call any agency is yes or no, and 2 answers, just so we know where we're headed. 3 And as Senator Breslin said, the 4 one nice thing about John, even here on any 5 issue, he's always evenhanded. And he tries 6 to put a little humor in most of the things he 7 does, and that will be a great quality in 8 where he's going. 9 And obviously with a lot of the 10 racing issues at a crossroads, they need 11 somebody that's going to be totally invested. 12 I think John will do that, and hopefully 13 New York will be better for his work. 14 And I'm glad to have had the 15 opportunity to stand and speak on his behalf. 16 ACTING PRESIDENT GRIFFO: Senator 17 Klein. 18 SENATOR KLEIN: Thank you very 19 much, Mr. President. 20 I too join to second the nomination 21 of my good friend Senator John Sabini as a 22 member of the New York State Racing and 23 Wagering Board. 24 Everyone so far used the term 25 "bittersweet." That's how I feel today as

Candyco Transcription Service, Inc.

(518) 371-8910 1 well. On the one hand, we lose someone who I 2 consider one of my closest friends and someone 3 who I think is probably the most intelligent 4 legislator I've ever met. But at the same 5 time, the State of New York now benefits, I 6 think in a very important way, by having 7 John's expertise. 8 You know, whether we like it or 9 not, in these fiscal times we're going to find 10 ourselves relying more and more on racing and 11 wagering and lottery. And to have someone 12 like John Sabini at the helm, making sure that 13 that money is spent wisely -- and by the way, 14 generating as much as we can and putting it to 15 good use -- is something that's very, very 16 important. 17 I go way back with John. In 1985, 18 when I first started working in politics, 19 right out of graduate school, I went to work 20 for Congressman Jim Scheuer. John was the 21 person who hired me; I was his assistant. 22 Later, when John left, I became the chief of 23 staff, helped him in his first council 24 campaign. 25 And I never thought that one time

Candyco Transcription Service, Inc.

(518) 371-8910 1 in our lives we'd be serving in the same 2 legislative body -- I went from the Assembly 3 to here -- and that was a privilege. And 4 unfortunately, that privilege is now coming to 5 an end. 6 But I think at the same time, 7 people will quickly understand how important 8 this position is, because John is going to 9 take it very seriously. John has the 10 intelligence, John has the compassion. 11 So I think, to use racing parlance, 12 I think the residents of New York State have 13 hit the trifecta, because they have someone 14 who's not only intelligent, compassionate, but 15 I think is the best that this state has to 16 offer. 17 Congratulations, John. And I'm 18 proud to second to this nomination. 19 ACTING PRESIDENT GRIFFO: Senator 20 Larkin. 21 SENATOR LARKIN: Thank you, 22 Mr. President. 23 You know, John, I'm going to miss 24 you more than they are. They're going to miss 25 you because they won't know what to do with

Candyco Transcription Service, Inc.

(518) 371-8910 1 the racing. But all of these glad comments 2 today, I'm telling you, I never heard Breslin 3 talk like this about anybody before. 4 But did you tell them all that 5 there are no free passes, no VIP parking? 6 (Laughter.) 7 SENATOR LARKIN: This is going to 8 be run like a corporation. And there's only 9 one CEO, and that's going to be John. 10 You know, John and I worked 11 together for six years, you know, and we 12 always talked about what we would try to do. 13 Rather than to make an issue of it, our goal 14 wasn't to try to belittle somebody or hurt 15 somebody, our ideas were what can we do for an 16 industry that's falling apart. John will tell 17 you that. He emphasized it this morning and 18 this afternoon. Racing isn't like when we 19 knew when we were youngsters and heard people 20 talk about it. 21 But what we're seeing now is the 22 Governor has picked somebody who's dedicated 23 himself to this point of government. He sees 24 an opportunity to make some changes that will 25 be worthwhile. I believe that some of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 things that we'll see I used to think I'd 2 never see it in my term. But now with John 3 being there, I think we'll see Aqueduct going. 4 Please invite me to the ribbon cutting. 5 But what we're saying here is 6 there's an old saying, you know, we finally 7 put the round peg in the round hole. And, 8 John, I don't want to reiterate what everybody 9 said. I consider you a class act, a great 10 legislator, and a very fine human being. 11 Congratulations, and may God bless 12 you always. 13 ACTING PRESIDENT GRIFFO: Senator 14 Savino. 15 SENATOR SAVINO: Thank you. 16 I too rise on a bittersweet note, 17 first to congratulate the Governor for this 18 selection, and to congratulate my good friend 19 John Sabini, my seatmate, on the next chapter 20 in his life. 21 And I've been sitting here watching 22 him as you all talk about him, and he keeps 23 turning beet-red. And he's embarrassed, 24 obviously, by the adulation and the words that 25 are being offered on his behalf.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I realized that one thing I've 2 always loved about John is John is very 3 self-effacing. He really doesn't understand 4 or he doesn't believe in his own heart that 5 he's as smart as the rest of us know he is. 6 And I think that's been consistent. He is 7 smart. He's smarter than most of us. 8 From the days when he was in the 9 City Council, I remember in my previous career 10 John was always somebody that we knew that 11 when there was a critical issue facing the 12 City of New York, whether it was a budget 13 issue or a legislative one, John was a person 14 we could go to. 15 He was always recognized as one of 16 the most thoughtful members of the City 17 Council -- smart, not reactionary, a person 18 who could help you, a person who could help 19 you shape legislation. That is the same 20 characteristic that he took into the New York 21 State Senate. 22 The state's gain is our loss. 23 We're going to lose John as my seatmate, as 24 our colleague. But the racing industry is 25 going to gain somebody who is smarter than he

Candyco Transcription Service, Inc.

(518) 371-8910 1 thinks, smarter than we know, and the future 2 of New York State and the industry is going to 3 be that much better for it. 4 So I don't know who's going to sit 5 here next to me next year, John, who is going 6 to keep me in line -- because that's one of 7 the things he has to do. Sometimes I'm a 8 little irreverent. But whoever that person 9 is, whoever that person is, they will not be 10 John Sabini. And I, for one, am going to miss 11 you. 12 But good luck, John. 13 ACTING PRESIDENT GRIFFO: Senator 14 Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 John, I'm not going to miss you, 18 because I'm going to work with you. I'm very 19 blessed to have a very successful racetrack 20 called Tioga Downs in my district, and I look 21 forward to working with you on prospering and 22 making the racing industry a good industry and 23 one that develops economic development for the 24 state. 25 But I do want to say this about

Candyco Transcription Service, Inc.

(518) 371-8910 1 John, and certainly compliment the Governor 2 for a very outstanding choice. John has 3 served as the ranker on the Transportation 4 Committee with me for the last three and a 5 half years, and he has been a gentleman. It 6 has been a pleasure to work with you. We were 7 always, even when we disagreed, we were able 8 to work things out. 9 And if you take that same demeanor, 10 that same profile to the racing board, then 11 you will be not only a credit to the Governor 12 for his appointment, but you will help move 13 the racing industry in the right direction. 14 And as you know, there are some challenges 15 there, and I know you're very familiar with 16 it. 17 So I will miss you as the ranking 18 member of the Transportation Committee, but I 19 know that I look forward to working with you 20 in any way that I can be helpful on the Racing 21 and Wagering Board. 22 And again, I compliment the 23 Governor, and I wish you Godspeed. 24 ACTING PRESIDENT GRIFFO: Senator 25 Golden.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR GOLDEN: Thank you, 2 Mr. President. 3 John, I'm not going to miss you. 4 Only kidding. Only kidding. We are going to 5 miss you. 6 I had the privilege of working with 7 you in the City Council; I had the privilege 8 of working with you here in the State Senate. 9 You were always a dogged fighter for what you 10 believed in, and you were a good study. 11 Whatever you put your mind to, you did well. 12 In this case, wagering and racing 13 is going to be a benefit for this great city 14 and great state that they have such a talent 15 as you working with them to get through the 16 tough times that they have ahead of them and 17 to bring this into a real profitable venture 18 for the City and State of New York. 19 So I wish you great success. 20 Congratulations, John. Godspeed. 21 ACTING PRESIDENT GRIFFO: Senator 22 Connor. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 I can't remember when I met John.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It was many years ago, and he was a staff 2 member for a congressman. And then, of 3 course, I knew him when he served in the City 4 Council. And in 2002, when he was running for 5 the Senate, I was delighted that he'd be 6 joining us in the State Senate. 7 And I can tell you not for one 8 moment since he joined us did I ever feel 9 anything but gee, I'm glad John Sabini is in 10 our conference, in our house. 11 You've heard it from other people; 12 I concur. He is smart. He is hardworking. 13 You know, after all my years here, I usually 14 do my own studying. But with John, racing and 15 wagering, that was a quick answer for me. If 16 John said this is okay or in three minutes 17 gave you an explanation, you knew it was 18 absolutely right on, dead on. And I certainly 19 relied on it. As I say, I just tend not to 20 rely on a lot of people that way. 21 The fact is, John's really pretty 22 witty. He's pretty funny. He's a joy to have 23 as a colleague and a friend. 24 And so I congratulate the Governor 25 on this appointment, because it will be good

Candyco Transcription Service, Inc.

(518) 371-8910 1 for the state. It will be good, certainly, 2 for the industries that fall under the Racing 3 and Wagering Board. He will be a great chair, 4 even as he's been a great legislator, both in 5 the city and the state. 6 But it's a very sad day for me, 7 because I certainly am going to miss John as a 8 friend and a colleague -- well, he will remain 9 a friend, but he won't be a friend at arm's 10 reach, and I will miss that very much. 11 So I'm delighted to support his 12 confirmation. 13 Thank you, Mr. President. 14 ACTING PRESIDENT GRIFFO: Senator 15 Onorato. 16 SENATOR ONORATO: Thank you, 17 Mr. President. 18 I rise to second the nomination of 19 John Sabini. I'm very, very proud of him this 20 very day, because my predecessor, who gave me 21 a start in politics, introduced John into 22 politics as a very young man, getting him 23 involved in politics. I think he was probably 24 the youngest district leader in Queens County 25 and handled that job so well he went on to

Candyco Transcription Service, Inc.

(518) 371-8910 1 become the county chairman and the youngest 2 county chairman, perhaps, in the United 3 States. 4 And he did an outstanding job, 5 taking over under very, very difficult 6 circumstances. And it's really prepared him 7 for what's about to face him now with the 8 Racing and Wagering Board. 9 John is no stranger to all of the 10 aspects of the game because he participates in 11 it, traveling around the country, even before 12 he had any idea he'd ever become the chairman 13 of it, giving him all of the ins and outs of 14 it in Las Vegas, Atlantic City -- you name it, 15 John has been there. 16 (Laughter.) 17 SENATOR ONORATO: Don't worry 18 about that, John is going to do an outstanding 19 job. 20 And he's risen to the heights in 21 all of his aspects in life, with one 22 exception, and that's on the golf course. But 23 we're going to change that soon. As a matter 24 of fact, Monday we may be at one outing 25 together and maybe I'll play with you, John,

Candyco Transcription Service, Inc.

(518) 371-8910 1 and give you a few more pointers on it. You 2 give me some pointers on the racing, and I'll 3 give you some pointers on golf. 4 But again, John, one of the 5 proudest moments of my stay in this Senate is 6 confirming you today. God bless you, and good 7 luck. 8 ACTING PRESIDENT GRIFFO: Senator 9 Maltese. 10 SENATOR MALTESE: Mr. President, 11 I join my colleagues in wishing the very best 12 to our colleague John Sabini. 13 Certainly the post that the 14 Governor has chosen for him is a post that you 15 could say came right out of central casting. 16 As you look at John's background and his 17 experience, this is a position for which he is 18 exemplary, no question about it. 19 On a personal note, I've known John 20 for many years in Queens County, know how 21 active he is, certainly in the 22 Italian-American community, and representing 23 his constituents in the finest way possible. 24 I will miss him in another aspect. 25 We are a county of local papers, and one of

Candyco Transcription Service, Inc.

(518) 371-8910 1 the local papers is the Queens Times. I don't 2 think there's been an issue in the last five 3 or six years that John hasn't been in. So -- 4 usually with a very nice picture, too. 5 (Laughter.) 6 SENATOR MALTESE: So I hope that 7 that is not going to change now that he has a 8 new role. 9 Certainly representing Aqueduct as 10 I do, together with my Assembly colleagues 11 Assemblywoman Pheffer and Assemblyman 12 Seminerio, we especially appreciate the wisdom 13 of this choice. There is probably no one in 14 the Legislature that understands the problems 15 of racing and Aqueduct as well as John. 16 So we also -- I know from time to 17 time some of the people dealing with us wanted 18 to know which was which as far as Savino and 19 Sabini, so that's going to be straightened out 20 now. And we join -- John says there's 21 definitely a difference. 22 But we wish him the very best. We 23 certainly congratulate the Governor on a very, 24 very fine choice. 25 And I want to echo my good friend

Candyco Transcription Service, Inc.

(518) 371-8910 1 George Onorato. I was around at the time that 2 the Queens Democratic Party was in turmoil. 3 And the fact that such a young, relatively 4 young man came forward as the leadership, to 5 serve in a leadership role -- I'm one of those 6 that feels that politics and government is a 7 noble calling. And John stepped in, 8 practically just out of his teens, and was a 9 county chairman and for the betterment of the 10 politics, the political picture in Queens 11 County, stepped forward and took on that 12 mantle. And as a result, I think, paved the 13 way for the offices that he would subsequently 14 hold. 15 So I join my colleagues in wishing 16 him the very best and again, as I say, 17 congratulate the Governor on such a fine 18 choice. 19 ACTING PRESIDENT GRIFFO: Senator 20 Craig Johnson. 21 SENATOR CRAIG JOHNSON: Thank 22 you, Mr. President. I too rise to second the 23 nomination. 24 You know, being a freshman Senator, 25 oftentimes you look to your more senior

Candyco Transcription Service, Inc.

(518) 371-8910 1 colleagues for advice, for counsel, and for 2 guidance on a number of issues. And I've 3 really had the privilege to look to John 4 Sabini as a mentor on two particular issues. 5 Not that we always agreed. 6 I had the privilege of working with 7 him for the past couple of years on the budget 8 table for transportation, serving as an 9 alternate, commiserating with him as we were 10 staying around on weekends, spending time 11 together, breaking occasional dinner dates at 12 the Bears, but -- and addressing very 13 important issues when it comes to 14 transportation. Not that we always agreed. 15 We differed on issues like third track, and we 16 will continue to disagree on those issues. 17 But John's insight into the 18 transportation issues, you know, really helped 19 me quickly get up to speed and to work with 20 him and for the conference, on the 21 conference's behalf, on transportation budget 22 issues. 23 Then second, obviously, is on 24 racing, on the racing issues. And like 25 Senator Larkin and like Senator Libous and

Candyco Transcription Service, Inc.

(518) 371-8910 1 others, I have a racetrack -- it's a small one 2 called Belmont -- in my district. And I know 3 where John is going to be. We're going to be 4 working very closely, because the future of 5 Belmont is of paramount importance, not just 6 for my district but for all of New York State. 7 Issues of making sure that VLTs get put into 8 Belmont, looking for economic development at 9 Belmont so the communities of Elmont and 10 Floral Park will benefit and will thrive when 11 they have not to date. 12 And so I look forward to working 13 with John in his chairmanship. I'm honored to 14 have been his colleague, but I am more honored 15 to be his friend. 16 And so, John, I wish the best, I 17 wish you Godspeed, and I look forward to 18 working with you. 19 Thank you, Mr. President. 20 ACTING PRESIDENT GRIFFO: Senator 21 Huntley. 22 SENATOR HUNTLEY: Thank you, 23 Mr. President. 24 I rise to congratulate John and 25 also to thank him. When I first came to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senate, he was helpful. I could depend on him 2 for questions, answers, because at that time I 3 was considered the New Jack. I am not the 4 New Jack anymore. And I just want to thank 5 you, John, for your assistance. 6 And I too remember when he was 7 chair of the Queens County Democrats. I 8 remember the night that he was announced, I 9 was there, and he was the youngest. And he 10 did a great job. And I'm sure that Queens 11 County appreciates him. 12 Thank you. 13 ACTING PRESIDENT GRIFFO: Senator 14 Perkins. 15 SENATOR PERKINS: Thank you, 16 Mr. Chair. 17 I just want to briefly express my 18 appreciation for the two opportunities that 19 I've had to serve with John, first in the City 20 Council, where I remember he danced with Phil 21 Reed, among the other remarkable moments as a 22 legislator -- and of course you would have 23 been proud of him, Tom -- and also obviously 24 during this latest period, in the Senate, 25 where we've had opportunities to work

Candyco Transcription Service, Inc.

(518) 371-8910 1 together. 2 And he's always been a smart, 3 conscientious individual that took his work 4 very seriously and was very generous with his 5 time and with his sharing. 6 And like others, I first came to 7 know of you when you stepped up to be the 8 county leader in Queens. I'm from Harlem, so 9 we kind of watched what's going on even in 10 Queens. And it was a remarkable period. It 11 was a great, great moment of tragedy for the 12 city. And to see this kid, at the time, step 13 up to the plate of one of the most powerful 14 county organizations in the country, it was 15 sort of like a great moment. 16 And it was a great compliment, 17 obviously, to you in terms of how your friends 18 and neighbors and political colleagues thought 19 of you to put you in that place at that point 20 in time. 21 And so it's obviously a compliment 22 to the Governor to have chosen you to fill the 23 position that you're about to fill at a 24 challenging time as well, a challenging time 25 not only for racing but obviously for the

Candyco Transcription Service, Inc.

(518) 371-8910 1 state and its challenges in terms of the 2 budget. 3 So, you know, congratulations to 4 you, congratulations to the Governor, 5 congratulations to all of us for having had 6 the privilege of working with you and enjoying 7 you. 8 And I look forward to continuing to 9 work with you in your new capacity and, you 10 know, hope you just keep being who you are. 11 Thank you. 12 ACTING PRESIDENT GRIFFO: Senator 13 Duane. 14 SENATOR DUANE: Thank you, 15 Mr. President. 16 I was trying to remember why John 17 never asked me to dance. And I just 18 remembered, because we both like to lead. 19 (Laughter.) 20 SENATOR DUANE: I've known John 21 for a long time. I've known him as a party 22 leader and as a City Council member and of 23 course here in the Legislature. 24 And, you know, he's smart, he's 25 honorable, he's easy to work with, he's got a

Candyco Transcription Service, Inc.

(518) 371-8910 1 really good sense of humor. And he can have 2 an edge, which is a good thing sometimes in 3 this business. 4 And he's been a really good friend 5 to all of my communities and probably even 6 more so to my family. And I'm sorry to see 7 him leave here. I know he'll be available for 8 advice, but it really is with great sadness to 9 lose him from the Senate. 10 So I know he has a long career 11 ahead in public service, and I look forward to 12 serving with him in whatever capacity he 13 chooses to serve in. 14 And the other thing is I just want 15 to recommend to my colleagues, I'm 16 recommending a yes vote on this particular 17 nomination. Unless the nominated one changes 18 his mind suddenly. No? All right, then, I'm 19 recommending a yes vote. 20 Thank you, Mr. President. Thank 21 you, John. 22 ACTING PRESIDENT GRIFFO: Senator 23 Parker. 24 SENATOR PARKER: Mr. President, 25 on the nomination. Let me just add my voice

Candyco Transcription Service, Inc.

(518) 371-8910 1 to those who are congratulating John and 2 congratulating the Governor on such a great 3 appointment. 4 There is nobody, frankly, more 5 qualified and experienced in this particular 6 area than John Sabini. And although I have 7 not had an opportunity to serve with him as 8 long as many people in the chamber, he's been 9 no less of a friend to me. 10 And so I want to congratulate my 11 friend, I want to wish him well. And I look 12 forward to our new roles in working together. 13 And Godspeed. 14 ACTING PRESIDENT GRIFFO: Senator 15 Krueger. 16 SENATOR LIZ KRUEGER: Thank you. 17 Well, so many people have already said so many 18 things. And truly it's wonderful to hear true 19 bipartisanship in this chamber -- which is 20 rare -- when speaking of Senator John Sabini. 21 The Governor has made a very good decision. 22 What I just want to add is it is a 23 loss to us. And it's a loss to the people of 24 Queens, because John has been an unbelievably 25 fine legislator representing the interests of

Candyco Transcription Service, Inc.

(518) 371-8910 1 his district and the City of New York and the 2 people of New York State. 3 And I see John as someone who is a 4 model for what a public servant should be. He 5 has loved his work. It has frustrated him 6 when we have not accomplished our goals. But 7 I know that he has loved his work as a City 8 Council member, as a State Senator. 9 And while gambling is not 10 necessarily an issue I focus that heavily on, 11 I am very confident that with this 12 confirmation the Governor will have someone in 13 that position who we can all count on. 14 And finally, Senator John Sabini, 15 no more taking our education money for horse 16 racing when you're there. The education money 17 is supposed to go to education. Racing and 18 Wagering is supposed to increase revenue for 19 the State of New York. And I am confident, 20 with you there, we're finally going to get to 21 that point. 22 But I will miss you very much here 23 on the floor. 24 Thank you. 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Stavisky. 2 SENATOR STAVISKY: Thank you, 3 Mr. President. 4 I've known Senator John Sabini I 5 guess since the days when he was a young 6 district leader in Queens County. He's always 7 been an expert on racing and wagering. And he 8 has been very generous with his advice and 9 explanations to me personally. 10 I don't want to repeat what has 11 been said, but one thing that hasn't been 12 mentioned here -- well, several things haven't 13 been mentioned. One is I know of John's true 14 devotion to his constituents. He really cares 15 about their well-being, and that I think is 16 very apparent. 17 He has been an excellent ranking 18 Minority member on the Transportation 19 Committee, discussing issues, answering 20 questions that I have. And I'm going to miss 21 John. 22 There are a couple of other things, 23 though. One thing that hasn't been mentioned 24 is John's arcane knowledge of political 25 minutiae. You hear the hum? Absolutely.

Candyco Transcription Service, Inc.

(518) 371-8910 1 John, we're going to miss that. 2 And if I have a question and I can't remember 3 a name of somebody who ran against somebody 4 forty years ago or something, I'm going to 5 call you. 6 Senator Duane mentioned his 7 relationship with his family. John has been a 8 friend of my family as well. And I know I 9 express his congratulations on your 10 appointment, and we wish you well. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Stavisky. 13 John, I want to extend my 14 congratulations and best wishes also. I've 15 had the opportunity to serve with you on many 16 of the same committees. Appreciate your 17 candor and your ability to contribute. 18 Also appreciate you coming up to my 19 district. I'm sure you'll be up there much 20 more. And we appreciate your hard work. 21 And Senator Hassell-Thompson now 22 will add to the floor. Senator 23 Hassell-Thompson. 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Mr. President.

Candyco Transcription Service, Inc.

(518) 371-8910 1 As has been said, everyone has 2 given the congratulations and all the 3 accolades. But I personally would like to 4 just thank you, John, for a kind of 5 steadfastness that you bring to our 6 conference. When we're sitting there 7 debating, you're just good at it. You're 8 really good at it. 9 And we're going to miss that, 10 because we need sagacity and wisdom when we're 11 doing the people's work. And that's a role 12 that you have filled for us many times over, 13 and I will miss that. And I look to you to 14 see your expression, when we're discussing 15 things, to get a sense of where your thinking 16 is. And I will miss that as well. 17 But I do hope that you will enjoy 18 where you're going, because I know you'll do 19 well where you're going. And congratulations. 20 ACTING PRESIDENT GRIFFO: Any 21 further Senator wishing to speak? 22 The question is on the appointment 23 of John Sabini, of Jackson Heights, for a term 24 as a member of the New York State Racing and 25 Wagering Board.

Candyco Transcription Service, Inc.

(518) 371-8910 1 All in favor signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT GRIFFO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT GRIFFO: 7 Congratulations, best wishes, and you're off! 8 (Sustained applause.) 9 ACTING PRESIDENT GRIFFO: Senator 10 Maziarz. 11 SENATOR MAZIARZ: Thank you, 12 Mr. Chairman. 13 Congratulations to Senator Sabini. 14 He just went to turn in that letter of 15 resignation to Steve Boggess. 16 (Laughter.) 17 SENATOR MAZIARZ: Mr. President, 18 I believe there's a report of the Finance 19 Committee at the desk. 20 ACTING PRESIDENT GRIFFO: Yes, 21 Senator. The Secretary will read. 22 THE SECRETARY: As a member of 23 the Workers' Compensation Board, Geraldine 24 Chapey, of Rockaway Park. 25 SENATOR MAZIARZ: On behalf of

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Owen Johnson, I move that nomination, 2 Mr. President, and ask that you recognize 3 Senator Maltese. 4 ACTING PRESIDENT GRIFFO: Senator 5 Maltese. 6 SENATOR MALTESE: Mr. President, 7 I rise to support this nomination of 8 Dr. Geraldine Chapey. 9 I've known Dr. Chapey for many, 10 many years. And certainly seeing her 11 background, her educational background 12 especially -- her doctorate from Rutgers, a 13 master's degree from Teachers College at 14 Columbia, and a bachelor of arts from 15 St. John's -- gives her the educational 16 qualifications certainly for a post of this 17 magnitude. 18 But there's much, much more than 19 that. Over the years she has been involved in 20 various educational institutions in capacities 21 of leadership representing both union and 22 management, representing especially the City 23 University of New York and Kingsborough 24 Community College. She's a full professor at 25 Kingsborough. To recite the awards that she

Candyco Transcription Service, Inc.

(518) 371-8910 1 has received over the years would take longer 2 than any of us would perhaps want to stay 3 except for Dr. Chapey and myself. 4 But at the same time, 5 Mr. President, she has always cooperated with 6 many, many of the leaders in Queens, has 7 always stepped forward, always devoted her 8 time, especially on nonprofit charitable 9 organizations. She is ever-present at all 10 meetings, always giving freely of her time. 11 She especially is an awardee and an 12 honoree of many, many religious groups. And 13 while it has nothing to do with my family, she 14 is a member of the very prestigious Knights 15 and Dames of Malta, just to indicate that she 16 has been recognized by the Pope himself. 17 I think at this period of time that 18 the Workmen's Comp Board will be well-served 19 by having Dr. Chapey there. We look forward 20 to her serving with the same distinction she 21 has served with all these very, very many 22 years. 23 Mr. President, I compliment the 24 Governor on this fine appointment and am very 25 proud to second the nomination of Dr. Chapey.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Smith. 3 SENATOR SMITH: Yes, thank you 4 very much, Mr. President. 5 I rise to second the nomination for 6 Dr. Geraldine Chapey, who is joined here by 7 her dear mother, who is a Regent, as well as 8 her husband. 9 And is anybody else up there with 10 you? There's a whole group of people up 11 there. 12 But Dr. Chapey is many things. She 13 has a stellar background. She has a doctorate 14 in management-labor relations from Rutgers 15 University, a master's from Columbia 16 University. She earned her bachelor's from 17 St. John's. I won't hold that against you 18 because you didn't go to Fordham, but that's 19 all right. 20 And more importantly, she has been 21 on a number of boards -- Advisory Council for 22 Institutional Accreditation, the Board of 23 Visitors of the Creedmoor Center, Department 24 of Labor Advisory Council. 25 Most importantly, it's her founding

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Trinity Services, an organization that 2 serves close to 2,000 people in Queens, young 3 and old. Her heart and soul is in that 4 organization. If you want to get to know 5 Dr. Chapey or if you want to get into her 6 heart, you just tell her you're going to help 7 her with Trinity Services and she will be your 8 friend forever. 9 There is no one that could be more 10 appropriate for this position. I think the 11 Governor, again, who has been hitting home 12 runs during his first months in office, has 13 hit another home run, probably a grand slam, 14 with selecting Dr. Chapey. It is a good day 15 for the State of New York Workers' Comp Board. 16 She has a lot of new friends, I'm sure. 17 But I will tell you, someone who 18 has integrity, someone who is committed, 19 someone who is honest and clearly an 20 intellectual giant, Dr. Chapey is a great 21 appointment and nominee from the Governor. 22 And I'm very proud. 23 As Senator Serph Maltese said as 24 well, this is a good day for State of 25 New York, a good day for the Workers' Comp

Candyco Transcription Service, Inc.

(518) 371-8910 1 Board. And we couldn't wish you Godspeed more 2 than we're wishing you here today. 3 And watch out for Liz Benjamin. 4 She's sitting over there, she's blogging the 5 schedules right now. 6 Take care. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Smith. 9 Senator Huntley. 10 SENATOR HUNTLEY: Thank you, 11 Mr. President. I rise to congratulate and 12 welcome Dr. Chapey. 13 All the things that Senator Smith 14 has said about her, with all that, I feel so 15 good about her because, foremost, she's a 16 human being. She cares about people. 17 She works very hard in her 18 community, along with her mom. They're two 19 fantastic people. And I have to include her 20 mother, because they're mother and daughter, 21 and they really work and do a lot for the 22 community. 23 And again, I want to congratulate 24 you. I love you because, you know, you're 25 marvelous, both of you. And it's a pleasure

Candyco Transcription Service, Inc.

(518) 371-8910 1 to be able to say how happy I am about this. 2 Thank you. 3 ACTING PRESIDENT LIBOUS: Thank 4 you, Senator Huntley. 5 Senator Stavisky. 6 SENATOR STAVISKY: Thank you, 7 Mr. President. 8 Dr. Chapey, whom I've known for a 9 very long time, I'm proud to say we've been 10 friends for many years. 11 It's hard to describe Dr. Chapey, 12 whether it be as an academician or as a higher 13 education administrator. As a union leader, 14 she served the Professional Staff Congress for 15 many years, the union representing the CUNY 16 faculty. She is a psychologist. She has a 17 financial background, serving as an officer of 18 the credit unions, contract negotiator. She 19 is a community leader in the Rockaways in 20 Queens County. 21 And she brings a competency -- 22 that's a word we don't hear enough, I'm 23 afraid -- she brings competency and 24 effectiveness and the qualities that are 25 needed, the compassion that's needed to be a

Candyco Transcription Service, Inc.

(518) 371-8910 1 good member of the Workers' Compensation 2 Board. 3 This is the second time this year 4 that I have spoken on behalf of a Chapey. I 5 was privileged to speak for the Regent when 6 she was nominated back in April. And they are 7 a wonderful family. She's joined by her 8 husband, Gene. 9 And I'm just excited to be able to 10 speak on behalf of Dr. Chapey, and I 11 congratulate her on her nomination. 12 ACTING PRESIDENT LIBOUS: Thank 13 you, Senator. 14 Senator Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: I met 16 her very, very recently at a golf outing. And 17 it was very interesting, I thought she was a 18 minister. She was wearing a collar that made 19 me think that she was a part of the ministry. 20 And as a preacher's kid whose mother was a 21 pastor and whose sister is a pastor, we 22 started this spiritual conversation. 23 And for someone who I've only met 24 for such a very short time, I am very pleased 25 to have known you. The moments that you

Candyco Transcription Service, Inc.

(518) 371-8910 1 shared, I know the State of New York is in 2 good hands, because you are a believer as well 3 as somebody who has an extraordinary 4 background to bring to that board that needs 5 all the help that it can get. 6 So thank you, and congratulations 7 to you and to your mother for the years of 8 service that you continue to give to the State 9 of New York. 10 ACTING PRESIDENT LIBOUS: On the 11 nomination, all in favor signify by saying 12 aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LIBOUS: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LIBOUS: The 18 nomination is carried. 19 Dr. Chapey, congratulations. 20 And Dr. Chapey is joined today in 21 the gallery by her mother, Dr. Geraldine 22 Chapey, and her husband, Eugene Pasternak. 23 Congratulations. 24 (Applause.) 25 ACTING PRESIDENT LIBOUS: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: As a member of 3 the State Commission of Correction, Thomas A. 4 Beilein, of Appleton. 5 ACTING PRESIDENT LIBOUS: Senator 6 Maziarz. 7 SENATOR MAZIARZ: Thank you very 8 much, Mr. President. 9 On behalf of Senator Johnson and 10 Senator Nozzolio, the chairs of Finance and 11 the Crime Victims, Crime and Corrections 12 Committee, I want to rise to make this 13 nomination and congratulate Governor Paterson 14 on the appointment of Sheriff Beilein of 15 Niagara County. 16 It's always great to see somebody 17 from Western New York get appointed to such an 18 important, high position in state government. 19 It's particularly, I think, a positive for 20 Niagara County that one of our native sons 21 gets appointed to this position. 22 Sheriff Beilein has been the 23 sheriff of Niagara County, been elected four 24 times, knows firsthand the challenges that 25 this commission has placed upon it, the

Candyco Transcription Service, Inc.

(518) 371-8910 1 challenges that counties in New York State 2 have dealing with the directives of a 3 commission such as this. He knows the impact 4 upon local property taxpayers to try to keep 5 local jails within compliance of those 6 directives. I think this is an excellent 7 appointment. 8 I know that Tom is joined here 9 today by his wife, Lindy, by his daughter, 10 Sara, and his grandson, who is probably a 11 little rambunctious after having sat around 12 here since almost 9 o'clock this morning 13 waiting for this appointment to take place on 14 this very rare session day here in Albany. 15 I would encourage all of my 16 colleagues, those few hardy souls that are 17 left here, to vote in favor of this 18 nomination. 19 Thank you very much, Mr. President. 20 ACTING PRESIDENT LIBOUS: Thank 21 you, Senator Maziarz. 22 I believe Senator Volker, to second 23 the nomination. 24 SENATOR VOLKER: Yeah, very 25 quickly, I just want to say Tom Beilein is

Candyco Transcription Service, Inc.

(518) 371-8910 1 probably one of the finest sheriffs in the 2 State of New York, has a super background. 3 As I think Senator Stachowski will 4 tell you, he and I have been besieged by just 5 about every sheriff in the state wanting his 6 nomination done. 7 There's no question in my mind that 8 he will do a super job for the state 9 commission. And I think he's perfect for it, 10 and we should certainly commend the Governor 11 for it. 12 And I just want to say that in the 13 Finance room, when Owen Johnson asked for 14 somebody to second the nomination, the 15 grandchild beeped out, and I said, "There's 16 the nomination right there." 17 But congratulations and good luck. 18 ACTING PRESIDENT LIBOUS: Thank 19 you, Senator Volker. 20 And also to second the nomination, 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Yes, very 23 quickly, Mr. President. I too rise to second 24 the nomination of Thomas Beilein to the State 25 Commission of Corrections.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I think his experience as one of 2 the outstanding sheriffs in the state will 3 bring a lot to this commission. I think that 4 his firsthand knowledge of the problems that 5 they face and the decisions that are put upon 6 them by the commission will be a real asset. 7 And I congratulate the Governor on 8 this appointment. And the fact is that in the 9 committee, he even answered a question that 10 people had about alternatives to 11 incarceration, and I thought his answer was 12 just the right answer that every sheriff 13 should heed, that if you don't want to keep 14 expanding your jails, you have to take an 15 active part in the other programs too. 16 And so that he's well-rounded, he 17 has a great record. And I'm glad to have this 18 opportunity to second the nomination. 19 ACTING PRESIDENT LIBOUS: On the 20 nominate, all in favor indicate by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT LIBOUS: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT LIBOUS: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 nomination is carried. 2 Mr. Beilein, as mentioned earlier, 3 is with his wife, Lindy, daughter, Sara, and 4 also the grandson, Michael, who I think has 5 done an outstanding job in being patient, 6 Mr. Beilein, in waiting for the nomination. 7 Congratulations to you. 8 (Applause.) 9 ACTING PRESIDENT LIBOUS: Senator 10 Maziarz. 11 SENATOR MAZIARZ: Mr. President, 12 I believe that there is a report of the Senate 13 Finance Committee at the desk. 14 ACTING PRESIDENT LIBOUS: The 15 Secretary will read. 16 THE SECRETARY: As a member of 17 the Adirondack Park Agency, Leilani Crafts 18 Ulrich, of Old Forge. 19 As a member of the New York State 20 Housing Finance Agency, Karen A. Phillips, of 21 New York City. 22 As a member of the Battery Park 23 City Authority, Robert J. Mueller, of New York 24 City. 25 As a member of the New York State

Candyco Transcription Service, Inc.

(518) 371-8910 1 Energy Research and Development Authority, 2 Roger B. Kelley, of East Amherst. 3 As a member of the Central New York 4 Regional Transportation Authority, Charles E. 5 Watson, of East Syracuse. 6 As members of the Niagara Frontier 7 Transportation Authority, Vincent G. Crehan, 8 of Buffalo, and James J. Eagan, of West 9 Seneca. 10 As a member of the State Athletic 11 Commission, Edwin Torres, of New York City. 12 As members of the State Public 13 Transportation Board, John S. Delaney, of 14 Selkirk, and Dennis J. Fitzgerald, of 15 Loudonville. 16 As a member of the Allegany State 17 Park, Recreation and Historic Preservation 18 Commission, Hugh J. Dunne, Jr., of Salamanca. 19 As a member of the Central New York 20 State Park, Recreation and Historic 21 Preservation Commission, Edward J. Audi, of 22 Manilus. 23 As a member of the Genesee State 24 Park, Recreation and Historic Preservation 25 Commission, Edward A. Hamilton, of

Candyco Transcription Service, Inc.

(518) 371-8910 1 Portagville. 2 As members of the Lake George Park 3 Commission, David G. Floyd, of Huletts 4 Landing, and Charles Joseph Stanek, of Diamond 5 Point. 6 As commissioner of the Ohio River 7 Valley Water Sanitation Commission, Douglas E. 8 Conroe, of Maple Springs. 9 As a member of the State Harness 10 Racing Commission, Keith R. Hamilton, of 11 Schenectady. 12 As a member of the Republic Airport 13 Commission, Frank A. Nocerino, of North 14 Massapequa. 15 As a member of the Stewart Airport 16 Commission, Louis Heimbach, of Warwick. 17 As a member of the Veterans' 18 Affairs Commission, Luis E. Barsallo, of 19 Waterford. 20 As commissioner of the State 21 Insurance Fund, David E. Ourlicht, of New York 22 City. 23 As director of the New York State 24 Environmental Facilities Corporation, Joseph 25 A. Branca, of Cross River.

Candyco Transcription Service, Inc.

(518) 371-8910 1 As director of the New York 2 Convention Center Operating Corporation, John 3 E. Howbert, of Brooklyn. 4 As members of the Continuing Care 5 Retirement Community Council, Wayne L. Kaplan, 6 of Dix Hills, and Patricia M. Williams, of 7 Ithaca. 8 As a member of the Minority Health 9 Council, Kam Man Kenny Kwong, of Bayside. 10 As a member of the Public Health 11 Council, Patsy Yang, of New York City. 12 As members of the Board of Visitors 13 of the Agricultural and Industrial School at 14 Industry, Robert J. Burns, of Rochester; Anita 15 L. Herron, of Rochester; and Joan M. Mitchell, 16 of Rochester. 17 As a member of the Board of 18 Visitors of the Brooklyn Children's 19 Psychiatric Center, Daphne Glover-Robinson, of 20 Amityville. 21 As member of the Board of Visitors 22 of the Broome Developmental Disabilities 23 Services Office, Margherita Anne Rossi, of 24 Binghamton. 25 As a member of the Buffalo

Candyco Transcription Service, Inc.

(518) 371-8910 1 Psychiatric Center, Ellen J. Maternowski, of 2 Lakewood. 3 As a member of the Board of 4 Visitors of the Long Island Developmental 5 Disabilities Services Office, Fred S. Romero, 6 of Baldwin Harbor. 7 As a member of the Board of 8 Visitors of the Metro New York Developmental 9 Disabilities Services Office, Enrique Colon, 10 of the Bronx. 11 As members of the Board of Visitors 12 of the Mohawk Valley Psychiatric Center, Karen 13 N. Christensen, of Utica; Joseph D. Harder, of 14 Marcy; and Maneck Kotwal, of New Hartford. 15 And as members of the Board of 16 Visitors of the South Beach Psychiatric 17 Center, Paul Capofari, of Staten Island, and 18 Ralph Perefetto, of Brooklyn. 19 SENATOR MAZIARZ: Mr. President, 20 move all of the nominations. 21 ACTING PRESIDENT LIBOUS: On the 22 nominations, all in favor signify by saying 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LIBOUS:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT LIBOUS: The 4 nominations are carried. 5 Senator Maziarz. 6 SENATOR MAZIARZ: Thank you, 7 Mr. President. 8 Is there any further business to 9 come before the Senate? 10 ACTING PRESIDENT LIBOUS: I 11 believe there is no further business at this 12 time to come before the Senate. 13 SENATOR MAZIARZ: Therefore, 14 Mr. President, I would ask that we adjourn 15 until the call of the Majority Leader, 16 intervening days being legislative days. 17 ACTING PRESIDENT LIBOUS: The 18 Senate will adjourn on the call of the 19 Majority Leader, intervening days to be 20 legislative days. 21 (Whereupon, at 4:18 p.m., the 22 Senate adjourned.) 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910