Tuesday, August 19, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 August 19, 2008 11 3:26 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask all present to bow 11 their heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: Senator 15 Libous. 16 SENATOR LIBOUS: Mr. President, I 17 just want to state that we're now beginning 18 regular session. 19 ACTING PRESIDENT GRIFFO: We're 20 now beginning the regular session for 21 August 19, 2008. 22 The reading of the Journal. 23 THE SECRETARY: In Senate, 24 Monday, August 18, the Senate met pursuant to 25 adjournment. The Journal of Sunday,

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(518) 371-8910 1 August 17, was read and approved. On motion, 2 Senate adjourned. 3 ACTING PRESIDENT GRIFFO: Without 4 objection, the Journal stands approved as 5 read. 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 at this time I'd like to call an immediate 17 meeting of the Rules Committee in Room 332, 18 please. 19 ACTING PRESIDENT GRIFFO: There 20 will be an immediate meeting of the Rules 21 Committee in Room 332. 22 SENATOR LIBOUS: And the Senate 23 will stand at ease temporarily. 24 ACTING PRESIDENT GRIFFO: The 25 Senate will stand at ease.

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(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 3:28 p.m.) 3 (Whereupon, the Senate reconvened 4 at 3:42 p.m.) 5 ACTING PRESIDENT GRIFFO: The 6 Senate will come to order. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 could we return to reports of standing 10 committees, please. 11 I believe there's a report of the 12 Rules Committee at the desk, and I ask that we 13 have it read at this time. 14 ACTING PRESIDENT GRIFFO: Reports 15 of standing committees. 16 The Secretary will read the report 17 of the Rules Committee. 18 THE SECRETARY: Senator Skelos, 19 from the Committee on Rules, reports the 20 following bills: 21 Restored, Senate Print 175B, by 22 Senator Alesi, an act to amend the General 23 Business Law; 24 Reported, Senate Print 7014, by 25 Senator Diaz, an act to amend the Private

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(518) 371-8910 1 Housing Finance Law and the Public Housing 2 Law; 3 8738, by Senator Skelos, Concurrent 4 Resolution of the Senate and Assembly 5 proposing an amendment to Article 7 of the 6 Constitution; 7 And Senate Print 8750, by Senator 8 Connor, an act to amend the Alcoholic Beverage 9 Control Law. 10 All bills reported direct to third 11 reading. 12 ACTING PRESIDENT GRIFFO: Senator 13 Libous. 14 SENATOR LIBOUS: Move to accept 15 the report of the Rules Committee. 16 ACTING PRESIDENT GRIFFO: All in 17 favor of accepting the report of the Rules 18 Committee signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 Rules Committee report is accepted. 25 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, 2 could we please have the reading of the 3 noncontroversial calendar, please. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 Senator Duane. 7 SENATOR DUANE: Thank you, 8 Mr. President. Just a point of personal 9 privilege, I guess. 10 I just want to remind all the 11 members that we are starting the reading of 12 the noncontroversial calendar and that people 13 need to be here. And I just want to make sure 14 that that is known far and wide, that people 15 need to be here because we are starting to do 16 the noncontroversial calendar. 17 Thank you, Mr. President. 18 ACTING PRESIDENT GRIFFO: Thank 19 you, Senator Duane. 20 The Secretary will read. 21 THE SECRETARY: In relation to 22 Calendar Number 717, Senator Alesi moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 9163A and substitute it 25 for the identical Senate Bill Number 175B,

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(518) 371-8910 1 Third Reading Calendar 717. 2 ACTING PRESIDENT GRIFFO: 3 Substitution so ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 717, by Member of the Assembly Bradley, 7 Assembly Print Number 9163A, an act to amend 8 the General Business Law. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 4. This 12 act shall take effect on the 60th day. 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT GRIFFO: The 16 bill is laid aside. 17 THE SECRETARY: In relation to 18 Calendar Number 2250, Senator Diaz moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 3227A and substitute it 21 for the identical Senate Bill Number 7014, 22 Third Reading Calendar 2250. 23 ACTING PRESIDENT GRIFFO: 24 Substitution so ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2250, by Member of the Assembly Diaz, Assembly 3 Print Number 3227A, an act to amend the 4 Private Housing Finance Law and the Public 5 Housing Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 2250 are 15 Senators Duane and Huntley. Also Senator 16 Hassell-Thompson. 17 Ayes, 55. Nays, 3. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2251, by Senator Skelos, Senate Print 8738, 22 concurrent -- 23 SENATOR LIBOUS: Lay it aside, 24 temporarily, please. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is laid aside temporarily. 2 THE SECRETARY: Calendar Number 3 2252, by Senator Connor, Senate Print 8750, an 4 act to amend the Alcoholic Beverage Control 5 Law. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the same date and in 10 the same manner as a chapter of the Laws of 11 2008. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 SENATOR LIBOUS: Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Libous. 21 SENATOR LIBOUS: We're going to 22 get to 2251 in just one second, Mr. President. 23 Mr. President, could we at this 24 time take up 717, by Senator Alesi, 25 controversial.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 717, substituted earlier by Member of the 5 Assembly Bradley, Assembly Print Number 9163A, 6 an act to amend the General Business Law. 7 ACTING PRESIDENT GRIFFO: Senator 8 Breslin. 9 SENATOR BRESLIN: Yes, through 10 you, Mr. President, if the sponsor would yield 11 to a few questions. 12 ACTING PRESIDENT GRIFFO: Senator 13 Alesi, do you yield? 14 SENATOR ALESI: I yield. 15 ACTING PRESIDENT GRIFFO: Senator 16 Breslin. 17 SENATOR BRESLIN: Through you, 18 Mr. President. 19 Senator Alesi, we're dealing with 20 gasoline, obviously, for zone pricing. Is 21 there any reason that other products that 22 might be subject to zone pricing aren't 23 included? 24 SENATOR ALESI: Through you, 25 Mr. President, the bill deals specifically

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(518) 371-8910 1 with gasoline. And I'm certain that if there 2 were interest in other items like that, they 3 would be presented before the Legislature at 4 an appropriate time by any member of the 5 Legislature that chose to do so. 6 SENATOR BRESLIN: Again through 7 you, Mr. President, if the sponsor would 8 continue to yield. 9 SENATOR ALESI: I do. 10 ACTING PRESIDENT GRIFFO: Senator 11 Alesi, do you continue to yield? 12 SENATOR ALESI: Yes. 13 ACTING PRESIDENT GRIFFO: Senator 14 Breslin. 15 SENATOR BRESLIN: Have there been 16 any studies available to you which would show 17 that the effect of an elimination of zone 18 pricing would in fact lower the price? 19 SENATOR ALESI: Through you, 20 Mr. President, I have over the last several 21 years had several hearings, and of course 22 there are pros and cons on this issue 23 depending on whose philosophy you adhere to. 24 Through the course of these 25 hearings and with memos of opposition and

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(518) 371-8910 1 memos in support, I am steadfastly certain 2 that I am doing what is good for the consumers 3 of this state when it comes to eliminating 4 zone pricing of gasoline. 5 SENATOR BRESLIN: Again through 6 you, Mr. President, if the sponsor would 7 continue to yield. 8 SENATOR ALESI: I do. 9 ACTING PRESIDENT GRIFFO: Senator 10 Alesi yields, Senator Breslin. 11 SENATOR BRESLIN: I'd repeat the 12 same question. Are there any studies 13 available that are -- 14 SENATOR ALESI: Excuse me, 15 Mr. President. I can't hear. Too much 16 background. 17 ACTING PRESIDENT GRIFFO: Excuse 18 me. 19 Can we have order in the chamber, 20 please. 21 SENATOR ALESI: Thank you, 22 Senator. 23 SENATOR BRESLIN: Through you 24 again, Mr. President. 25 Are there any actual definitive

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(518) 371-8910 1 studies that come up with some sort of an 2 analysis and conclusions relative to whether 3 the price would be reduced? 4 SENATOR ALESI: Through you, 5 Mr. President, yes. 6 SENATOR BRESLIN: And through you 7 again, Mr. President, if the sponsor would 8 continue to yield. 9 ACTING PRESIDENT GRIFFO: Senator 10 Alesi, do you yield? 11 SENATOR ALESI: I yield, yes. 12 ACTING PRESIDENT GRIFFO: Senator 13 Breslin. 14 SENATOR BRESLIN: Can you tell us 15 what that study is? 16 SENATOR ALESI: In answer to your 17 question, I believe, if I have the name right, 18 maybe the Petroleum Institute -- which is 19 steadfastly against this bill -- offered a 20 study of its own. There might be some other 21 studies that have been done from the mentioned 22 Petroleum Institute. And the Quinnipiac 23 survey, which I'm sure you have in your memos. 24 SENATOR BRESLIN: And through you 25 again, Mr. President, can you tell us what the

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(518) 371-8910 1 conclusion -- 2 ACTING PRESIDENT GRIFFO: Senator 3 Breslin, are you asking Senator Alesi to 4 continue to yield? 5 SENATOR BRESLIN: Yes, I am, 6 Mr. President. 7 ACTING PRESIDENT GRIFFO: Senator 8 Alesi, will you continue to yield? 9 SENATOR ALESI: I yield. 10 ACTING PRESIDENT GRIFFO: Senator 11 Breslin. 12 SENATOR BRESLIN: And through 13 you, Mr. President, can you tell us what the 14 result of those studies are? 15 SENATOR ALESI: Through you, 16 Mr. President, I can paraphrase, since I don't 17 have the documents in front of me. 18 But as you can imagine, studies 19 that are done by a particular industry group 20 tend to be subjective in their analysis and in 21 their results. Memos in opposition to this 22 based on any of those studies, of course, 23 would say that this bill is not one that they 24 would embrace. 25 I do have information from the 3500

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(518) 371-8910 1 or so retail gasoline dealers who are members 2 of their own organization, the Repair Shop and 3 Gas Station Dealers, as well. Those 3500 4 collective members are opposed to zone 5 pricing, and they have offered in their memo 6 of support very solid evidence that zone 7 pricing not only hurts consumers, not only 8 hurts consumers that are individuals but 9 businesses as well that are trying to conduct 10 commerce in this state, but it also hurts the 11 retail gasoline dealers as well. 12 SENATOR BRESLIN: And again 13 through you, Mr. President, if the sponsor 14 would continue to yield. 15 SENATOR ALESI: I will yield. 16 ACTING PRESIDENT GRIFFO: The 17 Senator yields. 18 SENATOR BRESLIN: Through you, 19 Mr. President, has there been any analysis 20 done to determine whether this bill would in 21 fact be constitutional, as in effect you are 22 regulating price? 23 SENATOR ALESI: Through you, 24 Mr. President, there's no analysis that says 25 it's not constitutional as far as I know.

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(518) 371-8910 1 SENATOR BRESLIN: On the bill, 2 Mr. President. 3 ACTING PRESIDENT GRIFFO: Senator 4 Breslin, on the bill. 5 SENATOR BRESLIN: I have some 6 concerns for any kind of zone pricing because 7 it's the State of New York dictating. 8 And my experience is that this kind 9 of elimination of zone pricing can be positive 10 to wealthy people, detrimental to the poor and 11 middle class, that in fact that areas are 12 picked on when there's -- without zone 13 pricing, the prices would come up in 14 particular areas. 15 In other areas, with like food and 16 grocery products, it's a routine use of zone 17 pricing which is always determined based upon 18 competition. And competition, in fact, should 19 be the reality of how products are priced. 20 Accordingly, I will be voting in 21 the negative. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Alesi. 25 SENATOR ALESI: Mr. President,

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(518) 371-8910 1 I'd like to be clear on this issue as I close 2 the debate, hopefully. 3 There are pros and cons on the 4 issue philosophically. What I can tell you is 5 this, that zone pricing, as it stands right 6 now, can cause severe economic damage and pain 7 to those people who are living in impoverished 8 areas of our state. 9 One of the reasons for that is 10 because, if you live in an area that is 11 artificially described as a zone where people 12 generally do not use an oil company credit 13 card and where people can't afford to fill 14 their tank and where they buy their gasoline 15 $10 or $20 at a time, the price in those zones 16 is usually higher than it is anywhere else. 17 So this elimination of zone pricing 18 goes a long way to help those people who 19 actually can't afford gasoline. 20 ACTING PRESIDENT GRIFFO: Debate 21 is closed. 22 The Secretary will ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 60th day.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT GRIFFO: Senator 5 Diaz, to explain his vote. 6 SENATOR DIAZ: Yes, thank you, 7 Mr. President. 8 You know, in Bronx County, where 9 I'm coming from, and my district -- Soundview, 10 Castle Hill, Pelham Bay, Parkchester -- when 11 you go and purchase gas, you will see 12 different prices of gas in different areas in 13 the same district. 14 I understand that this bill will 15 end zone pricing, meaning that every single 16 area in the Bronx in my district will have the 17 same prices. And wherever you go to buy 18 gasoline, if zone pricing -- if this bill will 19 end zone pricing, the price will be the same 20 everywhere. So we will avoid going around to 21 find out where are the cheaper prices. 22 So I think this is a good bill -- 23 good for consumers, good for my community -- 24 and I'm supporting the bill. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 Diaz to be recorded in the affirmative. 2 Senator Leibell. Oh, Senator 3 LaValle. 4 Sorry, Vinny. 5 SENATOR LaVALLE: That's all 6 right, Mr. President -- [inaudible]. I'd just 7 like to comment on the zone pricing. 8 And, Senator Alesi, I just want to 9 say that the people who live on eastern Long 10 Island, who are hardworking people, will be as 11 ecstatic as they can be that the Senate has 12 passed this legislation. 13 Because if you've ever seen zone 14 pricing, with huge disparities between what we 15 call "Up Island" and the East End, it can be 16 50 cents or more a gallon. I think they will 17 be very pleased, and I want to thank you on 18 behalf of those people on eastern Long Island 19 for this bill. 20 ACTING PRESIDENT GRIFFO: Senator 21 LaValle to be recorded in the affirmative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 717 are 25 Senators Breslin and Perkins.

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(518) 371-8910 1 Absent from voting: Senators 2 Sampson and Thompson. 3 Ayes, 54. Nays, 2. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Senator Libous. 7 SENATOR LIBOUS: Mr. President, 8 could we go back to the noncontroversial 9 calendar and have Senate Number 2251 read, 10 please. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Libous. 13 Without objection, the 14 noncontroversial reading of the calendar, 15 Calendar Number 2251. The Secretary will 16 read. 17 THE SECRETARY: Calendar Number 18 2251, by Senator Skelos, Senate Print 8738, 19 concurrent resolution -- 20 SENATOR DUANE: Lay it aside, 21 please. 22 ACTING PRESIDENT GRIFFO: Lay it 23 aside. 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President,

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(518) 371-8910 1 could we now go to the controversial calendar 2 and take up 2251, by Senator Skelos. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 2251, by Senator Skelos, Senate Print 8738, 7 concurrent -- 8 SENATOR LIZ KRUEGER: 9 Explanation, please. 10 ACTING PRESIDENT GRIFFO: 11 Explanation requested by Senator Krueger. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: Yes, this 14 bill is a piece of legislation that would seek 15 a change in the constitution, which change 16 would limit the amount that the Legislature 17 and the budget and the Governor can raise the 18 amount of spending from year to year, either 19 to 4 percent maximum or 120 percent of the 20 Consumer Price Index, whichever is less. 21 If there happen to be revenues in 22 any year above and beyond the maximum spending 23 limit, then 50 percent of the revenues would 24 be put in a special reserve fund for future 25 contingencies -- which would have been nice to

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(518) 371-8910 1 have now -- and 50 percent would be returned 2 to the taxpayers so that they could spend the 3 money in a way that will no doubt help the 4 economy. 5 Had we had this in effect over the 6 last five years, we would have had an 7 additional $13.1 million of spending that 8 would not have happened, half of which would 9 have gone back to the taxpayer, half of which 10 would be in the kitty right now that could 11 help us do what we've got to do today, make 12 cuts. We wouldn't have to worry about that, 13 in view of the fact that there would have been 14 a reserve fund in order to take care of those 15 cuts. 16 Now, the most important thing about 17 this bill is that it's a constitutional 18 amendment. And what we're doing by first 19 passage would be to get -- to hopefully have 20 second passage next year and to put on the 21 ballot in November of next year a referendum 22 for the people of the State of New York to 23 decide whether or not this is a good idea. 24 And it would seem to me that all of 25 us should want the constituents to have this

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(518) 371-8910 1 choice, especially now that we're facing the 2 sins of our past and running into a problem 3 where we've spent too much and have to make 4 midyear corrections. 5 So that's what the bill does, and I 6 would urge by the adoption by all of us here. 7 ACTING PRESIDENT GRIFFO: Senator 8 Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. If, through you, the sponsor 11 would yield. 12 SENATOR DeFRANCISCO: Yes, I 13 would. 14 ACTING PRESIDENT GRIFFO: Senator 15 DeFrancisco yields. 16 SENATOR LIZ KRUEGER: Or the 17 sponsor's representative. Thank you, Senator. 18 So as I understand this 19 constitutional amendment, which would limit us 20 to 4 percent or 120 percent of the Consumer 21 Price Index in any given year, if this law had 22 been in effect in fiscal year 2007-2008, the 23 Senate Majority's recommendation for the 24 budget was a 12.36 percent increase. So could 25 you not have recommended that budget if this

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(518) 371-8910 1 bill was in effect? 2 SENATOR DeFRANCISCO: You know, 3 that's a very good point. But as you know, 4 budgets are a product of the work of the 5 Assembly, the Senate and the Governor. 6 And budgets are also very subject 7 to many, many special interest groups, all of 8 us who are concerned about and want to help. 9 And because of that, budgets have gotten out 10 of control. And everybody is guilty of that 11 fact, because of the facts of life, how things 12 work in a democracy and with houses with 13 different needs and a governor with different 14 priorities. 15 So yes, voluntarily this could have 16 happened in each house, or it could have 17 happened with the vetoes of the Governor. But 18 it hasn't happened that way. 19 And that's why we want the people 20 to have the opportunity to decide whether a 21 better way would be to have this cap and use 22 additional revenues for a reserve fund and 23 also half of those revenues to go back to the 24 taxpayer to spur the economy. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 Mr. President, if through you the sponsor 2 would continue to yield. 3 ACTING PRESIDENT GRIFFO: Senator 4 DeFrancisco, do you continue to yield? 5 SENATOR DeFRANCISCO: Yes. 6 ACTING PRESIDENT GRIFFO: Senator 7 Krueger. 8 SENATOR LIZ KRUEGER: Thank you. 9 So, leaping ahead, let's assume 10 this became law. And then the federal 11 government, which as we know currently 12 pours -- a significant amount of the state's 13 budget actually comes through the federal 14 government. I think about 40 percent of our 15 money comes from the federal government, give 16 or take, in a given year. 17 And let's say the federal 18 government decided that it was going to stop 19 sending us money. Which we've actually seen 20 they are decreasing the money they send the 21 State of New York. 22 If this constitutional amendment 23 was in place and the federal government -- 24 let's round down our budget to $100 billion, 25 for argument -- and the federal government

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(518) 371-8910 1 didn't move us $40 billion a year, if this 2 amendment was in place we could only go up 3 4 percent from the year before even if we did 4 not receive $40 billion from the federal 5 budget. 6 Is that a correct reading of this 7 bill? 8 SENATOR DeFRANCISCO: Well, first 9 of all, President McCain would never do that. 10 (Laughter.) 11 SENATOR LIZ KRUEGER: He's 12 actually the president I was worried about. 13 SENATOR DeFRANCISCO: Nor would 14 the Republican Senate or the Republican 15 Congress. 16 However, if something happened 17 where that did occur, there's a provision in 18 the bill that in emergency fiscal 19 situations -- and the emergency fiscal 20 situation is defined in the bill. It's -- you 21 can read it in Section 3(C) -- which emergency 22 was declared by the Governor, but also was 23 agreed to by the Comptroller, then under those 24 situations we could spend more than that 25 limit.

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(518) 371-8910 1 So there is a provision, in case 2 something foolhardy like that had happened, 3 that we would be able to go beyond that limit. 4 But there's a check and a balance. 5 It's a good bill. It's not just one person 6 making that determination. The Comptroller 7 would, a separately elected person. 8 SENATOR LIZ KRUEGER: Mr. 9 President, on the bill. 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger, on the bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 I appreciate the sponsor's answers 14 to the questions. 15 I'm very uncomfortable with a 16 constitutional amendment that says the 17 Legislature, the Governor, it doesn't really 18 matter what's going on in the State of 19 New York, we're putting a constitutional cap 20 on. It doesn't address if the population 21 skyrockets, which it could, and it would 22 change the formula for our education needs 23 versus other needs. 24 I don't agree -- while I respect 25 the sponsor's reading of the emergency section

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(518) 371-8910 1 of the bill, which says "an extraordinary 2 unforeseen or unexpected occurrence with a 3 sudden fiscal action of a drastic but 4 temporary nature." I'm not sure, if the 5 federal government walked away from its 6 responsibility for the State of New York, that 7 that would meet that category. 8 And of course as we've seen under 9 President Bush, and I'm hoping we wouldn't see 10 under President Obama, we have seen the 11 federal government walk away, year after year, 12 from its responsibilities to the state, which 13 has translated into the state having to 14 increase our budget, sometimes very 15 specifically in relationship to lost federal 16 funds. 17 And so in a world where we are a 18 balancing act between what happens at the 19 federal level, what happens at the local 20 level, what happens in our economy -- in good 21 years, hopefully we do not only ensure that we 22 have invested in a reserve fund or a rainy day 23 fund, but in bad years there's an argument for 24 increasing one's spending to support bad 25 economic times and tough times in particular

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(518) 371-8910 1 communities. 2 And yet we don't do this in a 3 vacuum, we do this in relationship to the 4 federal government and their budgets and their 5 policies; we do this in relationship to our 6 local governments, their budgets and their 7 policies. 8 And so to tie our hands with a 9 constitutional amendment saying that we would 10 not be able to make the adjustments that I 11 think government needs to be in a position to 12 make, I personally think is a mistake. 13 Now, we have a responsibility to 14 our constituents to only spend the dollars we 15 need to spend and, I agree, to give back the 16 dollars we're not spending. 17 And as I pointed out in one of my 18 questions, sitting here for the last few years 19 in the Senate -- not with governors' budgets, 20 but with Senate Majority recommendations -- in 21 '07-'08 the Senate Majority's proposed budget 22 would have been -- again, not the Assembly, 23 not the negotiated, just the Senate 24 Majority -- it would have a $6.25 billion 25 increase, a 12.3 percent increase.

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(518) 371-8910 1 In '06-'07 the Senate Majority 2 recommended budget would have been a 3 5.25 percent increase. In fiscal year '05-'06 4 the Senate Majority proposed budget would have 5 been a 10 percent budget increase. 6 So I agree with the concerns of my 7 colleagues that we are perhaps increasing our 8 budgets or proposing to increase our budgets 9 too big, too fast, without justification of 10 how we're going to pay for them. 11 But even when I look at our own 12 proposals from this house, I don't think we 13 need a constitutional amendment; I think we 14 need a change in policy about how we deal with 15 our own budgets. 16 I think my constituents elect me to 17 come up here and make hard decisions, 18 including limiting the amount of money that we 19 put into a budget. I think each of us are 20 expected by our constituents to come up here 21 and make the hard but right decisions for the 22 State of New York. 23 I'm not opposed to constitutional 24 amendments. In fact, I support I&R 25 initiatives and voted for that, I guess, nine

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(518) 371-8910 1 days ago when we were up here. But I 2 fundamentally don't believe the right answer 3 for the Legislature for the State of New York 4 is to pass a constitutional amendment that 5 would in fact tie our hands -- 6 ACTING PRESIDENT GRIFFO: Senator 7 DeFrancisco, why do you rise? 8 SENATOR DeFRANCISCO: Would 9 Senator Krueger yield to a question? 10 ACTING PRESIDENT GRIFFO: Senator 11 Krueger, will you yield? 12 SENATOR LIZ KRUEGER: Yes, I 13 will. 14 ACTING PRESIDENT GRIFFO: Senator 15 DeFrancisco. 16 SENATOR DeFRANCISCO: Yes, 17 Senator Krueger, you say that you are in favor 18 of initiative and referendum; is that correct? 19 SENATOR LIZ KRUEGER: Yes. 20 SENATOR DeFRANCISCO: And so 21 you're -- would you also yield another time, 22 please. 23 ACTING PRESIDENT GRIFFO: Senator 24 Krueger? 25 SENATOR LIZ KRUEGER: Yes,

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(518) 371-8910 1 Mr. President, I will. 2 SENATOR DeFRANCISCO: You 3 understand, do you not, that this bill, in 4 order to become a constitutional amendment, if 5 it was passed by both houses twice, would have 6 to go to the voters for their determination? 7 You understand that? 8 SENATOR LIZ KRUEGER: Yes. 9 SENATOR DeFRANCISCO: One last 10 question. 11 ACTING PRESIDENT GRIFFO: Senator 12 Krueger? 13 SENATOR LIZ KRUEGER: Certainly. 14 ACTING PRESIDENT GRIFFO: Senator 15 DeFrancisco. 16 SENATOR DeFRANCISCO: So 17 basically you're saying you're in favor of 18 initiative and referendum for ideas that the 19 voters may have by circulating petitions to 20 get something on the ballot, but you're not in 21 favor of the voters making this determination 22 on a cap? 23 SENATOR LIZ KRUEGER: Mr. 24 President, through you. I don't support a 25 constitutional amendment to cap budgets. If

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(518) 371-8910 1 it was an I&R question, I would also argue in 2 my district and around the state that this is 3 not the right answer for the State of 4 New York. 5 So you raise a valid point about 6 once you open your state laws open up to 7 initiative and referendum, lots of possible 8 bills might end up going through that process, 9 starting out with the petitioning process. 10 And if this ended up at some point 11 in history moving as an initiative and 12 referendum proposal, which we of course don't 13 have yet in New York State, I believe I would 14 still argue to the voters that this was not 15 the right answer. 16 SENATOR DeFRANCISCO: Thank you, 17 Senator. 18 SENATOR LIZ KRUEGER: Thank you. 19 So just to close. 20 ACTING PRESIDENT GRIFFO: Senator 21 Krueger, to close. 22 SENATOR L. KRUEGER: Thank you. 23 It's a fascinating debate about how 24 you make decisions about a budget. But I 25 think that fundamentally the role of a

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(518) 371-8910 1 legislature in negotiations with a governor is 2 to make those decisions. They're not always 3 easy decisions, as some of us might say we're 4 going through today. But that this is what 5 the voters asked us to come here and do. 6 And at a certain level should we 7 all hold ourselves accountable for having 8 flunked the test in the last few years? 9 Certainly the Majority in this house has 10 flunked their own test in the last few years, 11 based on their proposed increases in the 12 budget. 13 But I think the job is then for us 14 to go back and do our job better, not to have 15 an absolute and yet unexplainable cap on where 16 we go. 17 So I'm urging my colleagues to vote 18 no. Thank you, Mr. President. 19 ACTING PRESIDENT GRIFFO: Is 20 there any other Senator wishing to be heard? 21 Debate is closed. 22 The Secretary will ring the bell. 23 The Secretary will call the roll on 24 the resolution. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Senator 2 Marcellino, to explain his vote. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. 5 This state, as we go around, is 6 losing population. We're losing population 7 and we're losing jobs to states around us, 8 different regions of the country. 9 And one of the reasons we're losing 10 this population, one of the reasons people are 11 leaving our state -- as can be proved by the 12 loss in the last census of some Congressional 13 seats in the House of Representatives. And 14 it's proposed this year, well, when the next 15 census comes, we'll likely lose at least two 16 more members of the House of Representatives. 17 Which means we have less of a voice at the 18 federal level because people are leaving. 19 They're leaving because we spend 20 too much and tax too much. People in effect 21 are voting with their feet. They're telling 22 us that there's no point in having the 23 Cadillac of Cadillacs of states if they cannot 24 afford to live here, if they can't find a job 25 here.

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(518) 371-8910 1 It's up to us to put some type of 2 control, some type of limit on spending. 3 We've got to get our fiscal house in order, in 4 order to save and protect our own people. 5 Otherwise we're going to lose more and more 6 people, more and more jobs to regions of this 7 country that tax less and offer less. 8 People are voting, as I just said, 9 with their feet. It's time that this 10 Legislature takes one big step to control 11 state spending. That's what we must do. 12 This cap will do that. This cap 13 will enforce a restriction with the proper 14 limitations so that we can overrule it when 15 necessary, in an emergency. But we must 16 control spending at every level. 17 I'm going to vote aye for this, and 18 I urge everyone else to do the same. 19 ACTING PRESIDENT GRIFFO: Senator 20 Marcellino to be recorded in the affirmative. 21 Senator Golden, to explain his 22 vote. 23 SENATOR GOLDEN: Thank you, 24 Mr. President. 25 I find it ironic that I rise and I

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(518) 371-8910 1 see so many in this house that would be to a 2 spending cap. I guess they're not looking and 3 talking to the constituencies across the State 4 of New York. Because every poll that I've 5 looked at and the constituents that I've 6 talked to in my district are all concerned 7 about the spending that's going on here in the 8 State of New York. 9 And, you know what, you can cap 10 spending; you can't raise taxes beyond it 11 because there's no reason to raise taxes 12 beyond that cap. 13 A 4 percent cap works for this 14 state. And if we had put that 4 percent cap 15 into play last year, we would have saved 16 $2.4 billion for the State of New York, this 17 year $2.4 billion for the State of New York. 18 And 2009's budget is predicted to be at 19 10 percent, according to the Governor. That 20 would save $2.8 billion for the State of 21 New York. 22 I just can't imagine, I can't 23 imagine how many Democrats here in this room 24 are against this cap. I am amazed and 25 appalled that they would be against doing

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(518) 371-8910 1 what's right for the people of this great 2 state. 3 A 4 percent cap works. The people 4 of the State of New York deserve it. The 5 people of the State of New York are fed up 6 with taxes. And we owe it to the people of 7 the State of New York. 8 To think, to think, Mr. President, 9 that we don't trust the will of the people, 10 the will of the voters to take a vote on a 11 constitutional amendment about spending in the 12 State of New York is ludicrous. I just can't 13 believe it. 14 So I vote aye. And I'm hoping that 15 some of the Democrats in this room, and 16 others, understand the necessity of this bill, 17 this constitutional amendment, and the belief, 18 the belief in the voter, the belief in the 19 ability for that voter to go and vote. 20 I vote aye, Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Golden is to be recorded in the affirmative. 23 I'd ask the members to please 24 refrain from conversations amongst each other 25 right now so we can hear the speaker.

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(518) 371-8910 1 Senator Morahan, to explain his 2 vote. 3 SENATOR MORAHAN: Thank you, 4 Mr. President. 5 I rise also in support of this 6 resolution. It is high time that we tried to 7 put some controls and some discipline on the 8 State of New York budget process. Each year 9 we go through the torture of trying to decide 10 what to spend, how much to spend. We go 11 through the criticisms. What we don't do, 12 though, is respond appropriately. 13 I think this bill, capping what the 14 state budget can be each year, is really the 15 right move for the State of New York to create 16 jobs, to keep business here, to give people 17 relief on the income tax and other taxes that 18 they pay. 19 We have many different taxes within 20 our budget. They're all too high. The time 21 has come. I think we're going to hear more of 22 this. Hopefully we can get this passed in the 23 Assembly and we will have a constitutional 24 amendment that will put a cap on how much we 25 can raise the state budget each year.

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(518) 371-8910 1 I think 4 percent is an adequate 2 cap. It fits the bill. We have relief 3 clauses in case of emergency that certainly 4 will call a great deal of attention once we 5 try to go over that cap. And 4 percent seems 6 very reasonable to me. 7 So I vote in the affirmative, 8 Mr. President. 9 ACTING PRESIDENT GRIFFO: Senator 10 Morahan to be recorded in the affirmative. 11 Senator Savino, to explain her 12 vote. 13 SENATOR SAVINO: Thank you, 14 Mr. President. 15 Before I explain my vote, I 16 remember earlier this session having a very 17 spirited discussion in the Judiciary Committee 18 with Senator DeFrancisco and some of the 19 members where we discussed the merits of this 20 bill. 21 Now, there are some very important 22 merits to the bill. We all recognize -- and I 23 think Senator Golden has left the room, but 24 we're all concerned, we recognize that the 25 people of the State of New York are worried

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(518) 371-8910 1 about spending. They recognize that we spend 2 too much money. They're concerned about the 3 impact on their local property taxes, on their 4 income tax, on their cost of living. We're 5 all concerned about that. 6 And part of the discussion we had 7 then was that one of the reasons why they 8 elect us and send us to the Legislature is to 9 make decisions about how we appropriate public 10 money and how we provide the services that 11 those concerned citizens demand. And so it's 12 a delicate balancing act, how do we make those 13 decisions. 14 And what was ironic, as Senator 15 Golden pointed out, was that a few weeks later 16 we passed a budget that was 5 percent above 17 the rate of inflation, knowing that the 18 state's finances were precarious at best. So 19 we had the great discussion about it, we may 20 think it's a good idea. But the truth is, 21 when the time came to act, we exceeded the 22 rate of inflation. 23 Now, we can debate at another time 24 whether we should or we shouldn't have or 25 whatever the case may be. But I think all of

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(518) 371-8910 1 us at that time tried to put together a budget 2 that we felt met the needs of our 3 constituencies. That is what we tried to do 4 here. 5 And what I'm afraid of with this 6 constitutional amendment is that we would be 7 tying our hands, essentially saying to the 8 public: We're incapable of making hard 9 decisions unless you tie our hands. And I 10 know every one of the members in this room. 11 We are capable of making those decisions 12 without our hands being tied. 13 If we put our heads together, like 14 we're doing today, we can find ways to reduce 15 spending without impacting public services. 16 And we can also -- we also need the 17 flexibility to be able to respond to emergency 18 situations that we cannot see coming, whether 19 it's the fiscal crisis or 9/11 or anything 20 else, or the federal government abandoning us. 21 And I think that we should be 22 mindful that we are all capable legislators. 23 We don't need an artificial cap on us to make 24 good decisions for the people of the State of 25 New York.

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(518) 371-8910 1 That is why, unfortunately, I am 2 voting in the negative on this piece of 3 legislation. 4 ACTING PRESIDENT GRIFFO: Senator 5 Savino to be cast in the negative on her vote. 6 Senator Connor, to explain your 7 vote. 8 SENATOR CONNOR: Thank you, 9 Mr. President. 10 I'm voting no. When an identical 11 bill passed, I should note for the record, on 12 March 12th, it seems that I was recorded in 13 the affirmative. And I don't remember taking 14 that position. And someone pointed out that 15 that was a chaotic day in the history of this 16 Capitol earlier this year, as the governorship 17 changed hands. 18 But I'm opposed to this simply 19 because I think it's a political gimmick. I 20 have served here for many years, and I have 21 never, ever, ever seen a budget drama play 22 out -- and I've been here for some late 23 budgets, and I've been in Albany in August to 24 pass budgets that should have been passed on 25 April 1st -- and I've never seen the battle

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(518) 371-8910 1 involve the Legislature fighting a governor 2 for less spending. 3 It has always been the Legislature, 4 both houses, sometimes with different 5 emphasis, fighting governors for more 6 spending, more spending, and more spending. 7 And the majority in this house often wanted to 8 spend more on different things than the 9 majority in the other house. And usually the 10 compromise was we spent more on everything 11 that the houses wanted. 12 And to have the majority in 13 effect -- what does it say, Mr. President, 14 that we want to have a fiscal chastity belt? 15 What does it say about our moral courage, our 16 political courage, and our fiscal 17 responsibility? 18 The fact is the people, when they 19 adopted our Constitution, gave this 20 Legislature and the Governor the budget 21 authority. They expect us to use it 22 prudently. Instead, we have used it 23 politically, on the spending side and on the 24 revenue side. 25 There are two sides to every

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(518) 371-8910 1 budget, Mr. President. And I hear so much 2 talk about spending, spending, spending. Yet 3 in the way we tax and in the way we do not tax 4 and those we do not tax fairly, we also waste 5 the resources of our great state, the people's 6 resources. 7 So I'm voting no. I think we can 8 do better. And I think perhaps next year the 9 then-leadership of this house will do better 10 at meeting both the legitimate needs of our 11 citizens in apportioning revenue fairly and 12 prudently with a due regard to the economic 13 health of our state. 14 So I'm optimistic, looking forward, 15 that we can step away from the bad practices 16 of the past decades that have driven spending 17 at perhaps too high a rate on an annual basis. 18 So I'm voting no, Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Connor to be recorded in the negative. 21 Senator DeFrancisco, to explain his 22 vote. 23 SENATOR DeFRANCISCO: Yes, I just 24 wanted to correct a couple of things 25 concerning this past budget year.

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(518) 371-8910 1 Actually, what happened was that 2 the Senate's budget actually was less in 3 dollar amount than the Governor's proposed 4 budget. And after the negotiations there was 5 increases in various areas, but the proposed 6 budget that was referred to as a 12 percent 7 increase by Senator Krueger really was not a 8 12 percent increase at all, it was under the 9 Governor's number. 10 Secondly, with respect to political 11 gimmicks, as Senator Connor mentioned, every 12 time we try to propose something that would 13 make a cap or a restraint on spending in the 14 State of New York, it's referred to as a 15 political gimmick. And I just don't think 16 that's a fair characterization of what it 17 really is. 18 What it is is a way to make sure 19 that our citizens will have a cap on spending. 20 And if they don't want a cap on spending, they 21 can say so when this bill, if it ever passed 22 both houses twice, got to the voters for their 23 determination. 24 And I think it's a prudent way to 25 do things. Because we can talk all we want

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(518) 371-8910 1 philosophically about how everyone is capable 2 individually of doing wonderful things and 3 controlling spending, but the track record for 4 many, many years has been that that has not 5 actually happened because of the realities of 6 life in Albany and all the different interests 7 that have to be satisfied, especially, as you 8 can see, in years such as election years. 9 When the Governor came out with 10 this proposal that we're going to be dealing 11 with very shortly concerning cuts, you would 12 think the world was going to end with the 13 amount of communication that all of us 14 received that the world's going to end if we 15 make even modest cuts in last year's budget. 16 So we need some control. And no 17 matter what great faith or good faith we may 18 be involved in and how we deal with the 19 situation, the realities of life is we've got 20 to have some control. And I think a spending 21 cap with an emergency provision is the control 22 that we need. 23 I'm going to vote aye, or I do vote 24 aye on this bill. 25 ACTING PRESIDENT GRIFFO: Senator

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(518) 371-8910 1 DeFrancisco to be recorded in the affirmative. 2 Senator Craig Johnson, to explain 3 his vote. 4 SENATOR CRAIG JOHNSON: Thank you 5 very much, Mr. President. 6 On March 12, 2008, I rose and voted 7 aye on this bill for many of the reasons set 8 forth by my Republican as well as some of 9 Democratic colleagues. Today I will be voting 10 aye as well for many of those same reasons. 11 Thank you very much. 12 ACTING PRESIDENT GRIFFO: Senator 13 Craig Johnson to be recorded in the 14 affirmative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2251 are 18 Senators Adams, Breslin, Connor, Diaz, Dilan, 19 Duane, Gonzalez, Hassell-Thompson, Huntley, 20 L. Krueger, C. Kruger, Montgomery, Parker, 21 Perkins, Sampson, Savino, Serrano, Smith, 22 Stavisky and Thompson. 23 Ayes, 38. Nays, 20. 24 ACTING PRESIDENT GRIFFO: The 25 resolution is adopted.

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(518) 371-8910 1 Senator Libous, that completes the 2 controversial reading of the calendar. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 There will be an immediate meeting 6 of the Transportation Committee in Room 332. 7 And until that is complete, the Senate will 8 stand at ease. 9 ACTING PRESIDENT GRIFFO: There 10 will be an immediate meeting of the 11 Transportation Committee in Room 332. 12 The Senate will stand at ease. 13 (Whereupon, the Senate stood at 14 ease at 4:35 p.m.) 15 ACTING PRESIDENT GRIFFO: The 16 Senate will come to order. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 there will be an immediate meeting of the 20 Finance Committee in Room 332. 21 ACTING PRESIDENT GRIFFO: There 22 will be an immediate meeting of the Senate 23 Finance Committee in Room 332. 24 The Senate continues to stand at 25 ease.

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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 5:35 p.m.) 3 ACTING PRESIDENT GRIFFO: The 4 Senate will come to order. 5 Senator Libous. 6 SENATOR LIBOUS: Mr. President, 7 could we please return to motions and 8 resolutions and have the Resolution Calendar 9 adopted, with the exception of Resolution 10 Numbers 7114 and 7036. 11 ACTING PRESIDENT GRIFFO: We will 12 return to the order of motions and 13 resolutions. 14 All in favor of adopting the 15 Resolution Calendar, with the exceptions 16 outlined, signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT GRIFFO: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT GRIFFO: The 22 Resolution Calendar is adopted. 23 Senator Libous. 24 SENATOR LIBOUS: Mr. President, 25 could we have Resolution Number 7114, by

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(518) 371-8910 1 Senator Maltese, please. Read the title only. 2 ACTING PRESIDENT GRIFFO: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Maltese, Legislative Resolution Number 7114, 6 mourning the untimely death of Firefighter 7 Kevin M. Delano, a man of singular distinction 8 and extraordinary accomplishment, and paying 9 tribute to his heroic efforts at the World 10 Trade Center on 9/11. 11 ACTING PRESIDENT GRIFFO: Senator 12 Maltese. 13 SENATOR MALTESE: I did not want 14 this time to pass without saying a word -- 15 ACTING PRESIDENT GRIFFO: Excuse 16 me, Senator Maltese. 17 Could we have order, please, in the 18 chamber. 19 Senator Maltese. 20 SENATOR MALTESE: -- without 21 seeing a word about Kevin Delano. Kevin was 22 the chief of the West Hamilton Beach Fire 23 Department for many, many years. He was a 24 volunteer fireman and everything that speaks 25 of on behalf of the community.

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(518) 371-8910 1 He and his family were involved in 2 so many aspects of life in Hamilton Beach and 3 Howard Beach. He was a former firefighter, a 4 firefighter, as has been indicated by the 5 reading of the title, that spent untold hours 6 down at the World Trade Center trying to find 7 former colleagues and friends. 8 He has devoted a good part of his 9 life to the community, to the Fire Department 10 of the City of New York, and to the West 11 Hamilton Beach Fire Department. He will be 12 sorely missed. And the fact of the matter is 13 that he is irreplaceable in our community. 14 Thank you, Mr. President. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Maltese. 17 The question is on the resolution. 18 All in favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT GRIFFO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT GRIFFO: The 24 resolution is adopted. 25 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, 2 Senator Maltese would like to open that up for 3 cosponsorship. So any member who doesn't want 4 to be on it, if they would let the desk know. 5 ACTING PRESIDENT GRIFFO: The 6 resolution is open for cosponsorship. If 7 there's a member who does not wish to be a 8 cosponsor, please notify the desk. 9 Senator Libous. 10 SENATOR LIBOUS: We now have 11 Resolution Number 7036, by Senators Valesky 12 and DeFrancisco. Could you read the title 13 only, please. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: By Senators 17 Valesky and DeFrancisco, Legislative 18 Resolution Number 7036, honoring Lopez Lomong 19 upon the occasion of carrying the United 20 States Flag during the opening ceremony of the 21 2008 Summer Olympics. 22 ACTING PRESIDENT GRIFFO: Senator 23 Valesky. 24 SENATOR VALESKY: Thank you, 25 Mr. President.

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(518) 371-8910 1 We were all here about a week and a 2 half ago in special session considering such 3 things as property tax caps and other pieces 4 of legislation. For those of you who were 5 able to return home that evening, you will 6 recall that we had an opportunity to witness 7 one of the most spectacular opening ceremonies 8 of Olympics in recent memory, the Beijing 9 Games. 10 And if you had an opportunity to 11 see those opening ceremonies, you undoubtedly 12 were moved by the Parade of Nations and 13 certainly the United States Olympic Team as it 14 was led into the Bird's Nest Stadium in 15 Beijing by a young man named Lopez Lomong. 16 The story, which you may also be 17 familiar with, is the subject of the 18 resolution before us today. Lopez Lomong is 19 one of the lost boys of Sudan who came to the 20 Syracuse area, Onondaga County, through the 21 Catholic Charities program. 22 Robert and Barbara Rogers adopted 23 Mr. Lomong. He entered the 10th grade at 24 Tully High School in Southern Onondaga County. 25 And he quickly distinguished himself in the

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(518) 371-8910 1 1500-meter event. 2 I think most significantly, 3 Mr. President, he attained his citizenship in 4 this country only one year ago. And when the 5 United States Olympic Team and its members and 6 team captains had the opportunity to make a 7 decision as to who would carry the United 8 States flag into the stadium, they chose Lopez 9 Lomong. And those team captains indicated 10 that one of the reasons why they chose him was 11 because they were so impressed and said that 12 he so deserved that honor of being the flag 13 bearer because he, Lopez Lomong, was so proud 14 of his citizenship. 15 And I think that's something that 16 we can reflect on as we go about our business 17 today, how significant that was someone, who 18 only seven years ago was in a war-torn region 19 of the world, came to the United States, 20 worked as hardly as he possibly could to 21 attain his citizenship only one year ago, made 22 the United States Olympic Team, and was 23 elected by his colleagues, chosen by his 24 colleagues to be the flag bearer and to carry 25 the Stars and Stripes into that stadium during

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(518) 371-8910 1 those opening ceremonies. 2 So, Mr. President, it's certainly 3 fitting for us to acknowledge Lopez Lomong, to 4 congratulate him -- and certainly we will do 5 that upon his return from China, in person -- 6 but to also thank his foster parents and the 7 Catholic Charities program that does such 8 great work in helping resettle those Sudanese 9 refugees. 10 Mr. President, I encourage all of 11 my members to support this resolution and, 12 with the consent of the Majority, ask that the 13 resolution be open for cosponsorship by all of 14 the members. 15 Thank you, Mr. President. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Valesky. 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: Thank you, 20 Mr. President. 21 Only in America. You know, 22 oftentimes in this day and age we hear 23 criticism of the United States all over the 24 world for this reason or that reason. We hear 25 criticism from our own citizens for various

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(518) 371-8910 1 policies -- some legitimate criticism, some 2 not. 3 But only in America could this 4 story ever have occurred where an individual 5 who was in a refugee camp -- if I recall 6 correctly, for almost 10 years -- from when he 7 was a young boy, to come over to the United 8 States, through the goodness of some people in 9 Onondaga County, in the village of Tully, 10 named the Rogerses, through a Catholic 11 Charities program, and not only be welcomed 12 with open arms but be given all of the 13 benefits, through that family, of any other 14 child that was living in the United States -- 15 and in fact was given so much love and so many 16 opportunities by the family that he progressed 17 to the point where he not only became a great 18 athlete but a great student, went on to 19 college, and excelled in track. 20 There were images all the way from 21 China about his carrying the flag during the 22 opening ceremonies. But the shots that I'll 23 remember is his foster parents, you know, 24 cheering him on in the Olympics. And, you 25 know, that's really the most important part of

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(518) 371-8910 1 this, the love and affectionate that they had 2 to make him reach a dream, from a refugee to 3 carrying the American flag one year after he 4 gets his citizenship. What other country 5 would ever have that kind of opportunity? 6 And I really want to commend not 7 only the Rogerses but also Lopez himself and 8 also all the individuals who were involved 9 with the Olympics who made it possible for him 10 to actually be the representative of the 11 United States, to carry our flag at such a 12 great event as the opening ceremonies for this 13 year's Olympics. 14 So I could not be prouder of 15 America and prouder of Lopez and especially, 16 as well, as his foster parents, now parents, 17 that I can't even express it. 18 So it's a wonderful thing, and I'm 19 very happy to rise here and congratulate not 20 only him but the entire United States for 21 giving that opportunity to this young man. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator DeFrancisco. 24 The question is on the resolution. 25 All in favor signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT GRIFFO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT GRIFFO: The 6 resolution is adopted. 7 Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 the sponsors also request that if members 10 would like to go on, they would like to open 11 it up for sponsorship. 12 So if someone does not want to be 13 on the resolution, if they would let the desk 14 know. Otherwise, everyone will go on. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Libous. 17 The resolution is open for 18 sponsorship. Anyone who does not wish to 19 cosponsor the resolution please notify the 20 desk. 21 Senator Libous. 22 SENATOR LIBOUS: Could we now 23 return to the reports of standing committees. 24 I believe there's a Finance Committee report 25 at the desk.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Reports 2 of standing committees. 3 The Secretary will read the report 4 of the Finance Committee. 5 THE SECRETARY: Senator O. 6 Johnson, from the Committee on Finance, 7 reports the following nominations. 8 As a member of the Metropolitan 9 Transportation Authority, Allen P. Cappelli, 10 of Staten Island. 11 ACTING PRESIDENT GRIFFO: Senator 12 O. Johnson. 13 SENATOR OWEN JOHNSON: Move the 14 nomination. 15 ACTING PRESIDENT GRIFFO: The 16 nomination is moved. 17 Senator Savino. 18 SENATOR SAVINO: Thank you, 19 Mr. President. 20 I would like to commend Governor 21 Paterson for this nomination. Allen Cappelli 22 is not just a constituent of my district, he 23 is my friend. He is also one of the most 24 dedicated public servants that we have in 25 Staten Island.

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(518) 371-8910 1 As some of you may be aware, we had 2 an appointee to the MTA board by the previous 3 governor and by the previous governor to that. 4 His name was Frank Powers. He was a very 5 prominent member of the Staten Island 6 community and also a dedicated member of 7 Staten Island and a great voice for Staten 8 Islanders at the MTA. 9 Sadly, he passed away about a month 10 ago. And many of us in Staten Island, while 11 we were mourning for Frank Powers, we were 12 also concerned that with his passing there 13 would be a void on the MTA board for Staten 14 Islanders. 15 You've heard me lament several 16 times -- and I'm sure if Senator Lanza was 17 here, he would concur -- that Staten Island is 18 often ignored and left behind by the MTA. So 19 we were quite concerned that with the passing 20 of Frank Powers that the Governor would take 21 this opportunity to replace Mr. Powers with 22 someone who wasn't a Staten Islander. 23 And we are very happy and pleased 24 that Governor Paterson has decided to nominate 25 Allen Cappelli. Allen Cappelli is not just a

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(518) 371-8910 1 native islander, as I said in the 2 Transportation Committee, he's a native 3 New Yorker. He understands the needs of the 4 people that he calls his neighbors. But he 5 also understands the transportation 6 disparities that affect the entire region that 7 the MTA serves. 8 So I am very pleased and proud to 9 stand here and say congratulations to my 10 friend Allen Cappelli. And I will tell you, I 11 promised him when he appears at public 12 hearings I will try not to yell at him too 13 much -- but I can't guarantee that, Allen. 14 So congratulations. 15 ACTING PRESIDENT GRIFFO: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Thank you, 18 Mr. President. 19 I rise to support the nomination of 20 Mr. Cappelli, and I will. And not just 21 because I met him a few minutes ago and read 22 his extensive resume, but because his sister 23 lives in my district and she'd probably vote 24 against me if I didn't vote for you. 25 So I will stand and support this

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(518) 371-8910 1 nomination because I think it's a good one. 2 From what I've read and what I've heard about 3 Mr. Cappelli, he has an excellent resume and 4 he has a history of dedicated public service. 5 And I commend him for that. 6 I thank him for his willingness to 7 serve on what will be and probably is one of 8 the most thankless positions that the Governor 9 could probably appoint someone to. You're 10 going to take a lot of heat. As you heard 11 some part of it in the confirmation hearings 12 before the Finance Committee, it isn't an easy 13 job. 14 We need a voice on the MTA for the 15 commuter. We need a voice for the people. 16 People in my district spend in excess of $300 17 monthly to just go to work. That's a lot of 18 money. That's too much money taken out of 19 their pockets, especially when you talk about 20 rising gasoline prices and home heating oil 21 and all the rest of that stuff that's going 22 up -- and food prices and everything else -- 23 to have to spend 300-plus, nearly $400 a month 24 just to go to work. 25 The MTA's seemingly only response

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(518) 371-8910 1 to shortfalls that they say they have -- and 2 sometimes the books that they show us support 3 that, and sometimes the books that they show 4 us don't support that. Even the Comptroller 5 has said that the questionable budget 6 practices that have occurred there make their 7 books questionable, and he's reviewing the 8 issue and wants to look at them more closely. 9 I strongly suggest and I strongly 10 urge Mr. Cappelli to be a strong, vigorous 11 voice for the public. They need it. We don't 12 need another rubber stamp. We don't need 13 someone who's just going to go back and say, 14 Oh, we have a need for money, let's look to 15 the commuter and take money of their pockets. 16 We want them out of their cars, we 17 want them on mass transportation. The policy 18 of the MTA in recent years has been driving 19 them out of the mass transportation and back 20 to their cars. It's just the opposite of what 21 we need and what we want and what's best for 22 our country and what's best for our state and 23 what's best for our people. 24 The MTA's history, as I said 25 earlier, not a good one. Hopefully,

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(518) 371-8910 1 Mr. Cappelli, you will be a good voice and a 2 presence that will help turn that around. I 3 look forward to working with you. I will 4 support anything you can do to change their 5 philosophy of hit the commuter first and look 6 for cuts in process last. 7 We've got to improve the service 8 and we've got to have a strong voice for the 9 commuting public. It's an absolute necessity 10 if we're going to move this state forward in a 11 positive direction. 12 Again, I'm pleased to support your 13 nomination, sir, and look forward to working 14 with you. 15 ACTING PRESIDENT GRIFFO: Senator 16 Connor. 17 SENATOR CONNOR: Thank you, 18 Mr. President. 19 I rise to support this nominee's 20 confirmation. I congratulate the Governor on 21 such an excellent appointment. 22 I first met Allen Cappelli I guess 23 it was 30 years ago. He was running for the 24 Assembly, I think in 1980. Maybe it was '78? 25 I don't know, it was back then. And that's

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(518) 371-8910 1 when I first met Allen. 2 And then I had the distinct 3 pleasure in 1982, after redistricting, to 4 represent the north shore of Staten Island for 5 the ensuing 10 years. 6 One of the great endeavors of those 7 '80s for Staten Islanders, led by Senator 8 Marchi, was in fact the study of secession of 9 Staten Island from the rest of New York City. 10 And legislation passed both houses and was 11 signed by the governor to set up a commission 12 to seriously investigate the ramification and 13 possibility of secession. 14 The legislation set up a commission 15 consisting of each legislator representing 16 Staten Island plus one appointee of each such 17 legislator. As a result, I was, for the 18 ensuing number of years, the only non-Staten 19 Islander who sat on the Staten Island 20 secession study commission. 21 And at the time I needed to appoint 22 someone as my appointee to serve as well as a 23 commissioner. And I toyed with the idea of 24 appointing another Brooklynite, but I didn't 25 think that was appropriate. And in fact I was

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(518) 371-8910 1 quite happy to appoint Allen Cappelli to serve 2 on that commission. 3 And the commission did interesting 4 work, fine work. It came to a crashing end, I 5 suppose, when this Legislature wouldn't act on 6 the next step. 7 But I've known Allen all these 8 years. We've come together in various 9 governmental interactions as well as political 10 interactions. We remain friends. And he is 11 indeed one of my -- and when I was 12 redistricted, I said, "Well, Allen Cappelli is 13 one of my oldest friends in Staten Island." 14 And so I am delighted. His wealth 15 of government experience and his wealth of 16 community experience make him uniquely 17 qualified to serve as Staten Island's 18 representative and all of our representative 19 on the MTA board. 20 So, Mr. President, I urge an 21 affirmative vote by everyone and look forward 22 to working with Allen when he serves on the 23 MTA board. Thank you. 24 ACTING PRESIDENT GRIFFO: Senator 25 Craig Johnson.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Thank you 2 very much, Mr. President. I too rise to 3 support the nomination. 4 I commend our Governor for placing 5 Mr. Cappelli in nomination. I thank Senator 6 Savino -- and, Mr. Cappelli, you should too as 7 well -- who was a very vocal advocate on your 8 behalf for the Democratic conference. 9 But I think what's important during 10 the nomination process and the seconding 11 process is to listen to the members of this 12 body, both Democratic and Republican, because 13 we do represent the entire voice of New York 14 State. And I listened to the words of my 15 friend and colleague Senator Marcellino, who 16 represents an adjoining district of mine on 17 Long Island. 18 And Long Islanders have tremendous 19 needs for mass transit. We have tremendous 20 concerns with the rising fares that are 21 occurring on the Long Island Railroad. I hope 22 you have an open mind. Because what I have 23 found, in my experience with members of the 24 board of the MTA recently, is they don't have 25 an open mind and they seem to be rather

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(518) 371-8910 1 close-minded when it comes to listening to 2 members of this body and in taking their 3 advice. 4 And so when I reach out to you -- 5 and I will be reaching out to you shortly on 6 an issue called the Third Track Project, the 7 Main Line Corridor Project, which will 8 systematically destroy communities within my 9 Senate district -- I hope you have an open 10 mind to listen and to hear the concerns from 11 my residents and to actually maybe take into 12 account that we can save $1.5 billion in the 13 MTA budget by not going forward with this 14 project. 15 Because this project is a waste of 16 money and is unnecessary. And I've been 17 looking for people to talk to on the MTA board 18 who will just spend the time to listen and not 19 just keep repeating the same old tired lines 20 and lies that have been repeated time and time 21 again to the residents of my district and to 22 the residents of Long Island. 23 So I look forward to working with 24 you on that issue as well as other issues that 25 affect our commuters and our residents and our

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(518) 371-8910 1 constituents. 2 But I congratulate you today. I 3 look forward to working with you as soon as 4 you're confirmed. Thank you very much. 5 Thank you, Mr. President. 6 ACTING PRESIDENT GRIFFO: The 7 question is on the nomination of Allen 8 Cappelli as a member of the board of the MTA. 9 All in favor signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT GRIFFO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT GRIFFO: The 15 nominee is confirmed. 16 Congratulations, Mr. Cappelli. He 17 is with us in the chamber today. Our best 18 wishes. 19 (Applause.) 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will read. 22 THE SECRETARY: As commissioner 23 of the Port Authority of New York and New 24 Jersey, Fred P. Hochberg, of New York City. 25 As trustees of the Power Authority

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(518) 371-8910 1 of the State of New York, Jonathan F. Foster, 2 of Bedford, and Eugene L. Nicandri, of 3 Massena. 4 As a member of the Empire State 5 Plaza Art Commission, Kate Johns, of Old 6 Chatham. 7 As a member of the State Council on 8 the Arts, Deborah Ronnen, of Rochester. 9 As a member of the Continuing Care 10 Retirement Community Council, Joseph F. Pofit, 11 of Slingerlands. 12 As a member of the State Hospital 13 Review and Planning Council, James A. Ghent, 14 Jr., of Churchville. 15 And as members of the Board of 16 Visitors of the Agricultural and Industrial 17 School at Industry, Carmen I. Aponte, Ph.D., 18 of Rochester; Roy W. King, of Rochester; and 19 Howard A. Moore, Sr., of Rochester. 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson. 22 SENATOR O. JOHNSON: Move all the 23 nominations. 24 ACTING PRESIDENT GRIFFO: The 25 question is on the confirmation of the

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(518) 371-8910 1 nominees as read. All in favor signify by 2 saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 individuals that have been read are hereby 9 confirmed to the positions indicated. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 in consultation with the Minority Leader, 13 Senator Skelos hands up the following 14 committee assignments for filing. 15 ACTING PRESIDENT GRIFFO: They 16 will be filed in the Journal. 17 SENATOR LIBOUS: And if you would 18 recognize Senator Dilan, please. 19 ACTING PRESIDENT GRIFFO: Senator 20 Dilan. 21 SENATOR DILAN: Yes, 22 Mr. President, there will be an immediate 23 meeting of the Minority conference in 24 Room 315. 25 ACTING PRESIDENT GRIFFO: There

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(518) 371-8910 1 will be an immediate meeting of the Minority 2 conference in Room 315. 3 Senator Libous. 4 SENATOR LIBOUS: Mr. President, 5 there will also be an immediate meeting of the 6 Majority conference in Room 332. 7 And there being no further 8 business, Mr. President, this session will 9 stand adjourned at the call of the Majority 10 Leader. 11 ACTING PRESIDENT GRIFFO: There 12 will be an immediate meeting of the Senate 13 Majority in Room 332. 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 before you do adjourn this session, I do want 17 everyone to be reminded that the extraordinary 18 session is still in recess and that we will be 19 coming back at some point this evening. 20 So this session may close for now; 21 we are still in session. 22 ACTING PRESIDENT GRIFFO: So 23 noted. 24 On motion, the Senate stands 25 adjourned in regular session until the call of

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(518) 371-8910 1 the Majority Leader, intervening days being 2 legislative days. 3 (Whereupon, at 6:00 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910