Tuesday, November 24, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 November 24, 2009 11 12:19 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: 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 VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, November 23, the Senate, in 19 Extraordinary Session, met pursuant to 20 adjournment. The Journal of Sunday, 21 November 22, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT VALESKY: 24 Without objection, the Journal stands approved

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(518) 371-8910 1 as read. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, 4 can you first recognize Senator Sampson, then 5 Senator Skelos, for brief statements. 6 ACTING PRESIDENT VALESKY: 7 Senator Sampson. 8 SENATOR SAMPSON: Thank you very 9 much, Mr. President. 10 Earlier today, my colleagues, we 11 received two bills from the Governor. One 12 bill was about 440 pages. The Governor has 13 met his constitutional obligation and 14 responsibility by handing down the deficit 15 reduction proposal. The Legislature can now 16 openly consider it. 17 While we have concerns, and we too 18 have real concerns with these proposals, we 19 are committed in a bipartisan fashion to close 20 the budget gap. And make no bones about it, 21 we understand what our responsibilities are 22 and we're going to comply with our 23 responsibilities. New York needs us to act 24 immediately and act now, which we will do.

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(518) 371-8910 1 It's important for everyone to 2 understand that this isn't about a Democratic 3 job or a Republican job or Democratic cuts or 4 Republican cuts. It's instead about 5 bipartisanships, understanding the importance 6 of us working collectively together to cut 7 what needs to be cut. 8 I believe that we can get this done 9 and we will get this done. We will reach a 10 fiscally balanced budget. And we understand 11 the concerns, and we understand the issue with 12 respect to our bond ratings. 13 But at the same time, when we're 14 talking about midyear school cuts, we're 15 talking about cuts to these institutions which 16 have a tremendous impact economically in our 17 communities, but most of all having school 18 districts making decisions during this period 19 of time as to whether or not they can survive 20 and pass those cuts along to our 21 constituencies with respect to property taxes. 22 Right now we're going to review 23 what the Governor has sent to us. We're going 24 to continue to work together. And I want to

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(518) 371-8910 1 commend my colleagues on the other side of the 2 aisle, Leader Skelos. We're working together 3 because we understand our fiscal 4 responsibilities. And make no bones about it, 5 we truly understand that. People don't think 6 we understand that, but we truly understand 7 that. 8 But at the same time, when we have 9 people walking around the Capitol 10 congratulating us, when they have children who 11 are autistic who these cuts will severely 12 damage some of the services that they have, 13 they ask us do we have a heart. 14 So, my colleagues, I want to just 15 thank you very much for your commitment. 16 We're going to get this done. We understand 17 our fiscal responsibilities. And we're not 18 going to walk away without dealing with what 19 the Governor has sent to us. But once again, 20 it's 440 pages. We need an opportunity to 21 look at this and make sure we can come to a 22 resolution that is fiscally responsible, not 23 only for the Governor but for everybody in the 24 State of New York.

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(518) 371-8910 1 At this point in time I'd like if 2 you'd recognize Leader Skelos. 3 ACTING PRESIDENT VALESKY: Thank 4 you, Senator Sampson. 5 Senator Skelos. 6 SENATOR SKELOS: Thank you, 7 Mr. President. 8 Let me just start off by saying 9 that Conference Chairman Sampson and myself, 10 our individual staffs have been meeting on a 11 regular basis in order to come up with a 12 deficit reduction plan that has real cuts in 13 spending in terms of what the people of the 14 State of New York are demanding from us. 15 But the fact is that he has 16 extended every courtesy to us as the 17 Republican conference as we work our way 18 through this process. So, John, I thank you, 19 I thank you for that. 20 We may have disagreements, but the 21 bottom line is we all understand that we have 22 to reach a deficit reduction plan within the 23 next several days. It's incumbent upon us, 24 and that's our challenge.

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(518) 371-8910 1 Just over three weeks ago, Governor 2 Paterson had us come into the Assembly chamber 3 to let us know how serious the deficit is. 4 Quite honestly, it was a nice day, but we all 5 know how serious the deficit is in New York 6 State. 7 That day, I suggested that the 8 Governor send us a deficit reduction bill -- 9 not a press release, not a sketchy plan, but 10 an actual bill. And he did not do that, 11 despite the fact that we are asked to come 12 back in in special session. 13 Today he is finally, after 14 approximately three weeks, sending us a bill. 15 While we've waited to take action 16 on a bill, our conference, our Republican 17 conference, proposed a plan that works off a 18 number of the Governor's proposals to address 19 the $3.2 billion deficit. 20 In fact, our conference did come up 21 with a plan that did exactly that, and the 22 Governor at times indicated that we were the 23 conference that was suggesting spending cuts. 24 And right now the discussions that

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(518) 371-8910 1 we've had between Senator Sampson, myself, 2 individual members, we are at an agreement of 3 approximately $2.8 billion in savings that we 4 can agree to concerning closing the remaining 5 deficit. 6 Of that, approximately $1.6 billion 7 is reoccurring; over $1.2 billion in actual 8 spending cuts. And I believe it's our 9 challenge in the next couple of days to work 10 together in a nonpolitical way. 11 And John and I have had this 12 discussion that battle will come as we 13 approach 2010. But right now, our 14 responsibility is to get a deficit reduction 15 plan done and to restore the integrity, quite 16 frankly, of this chamber. And we will get it 17 done. 18 We will work very diligently in the 19 next couple of days to bring up a deficit 20 reduction plan that we believe can reach over 21 $3 billion and satisfy the demand and the 22 wishes of the people of this great state. 23 So our work is cut out for us. I'm 24 glad that the Governor finally sent us a

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(518) 371-8910 1 deficit reduction bill. We are going through 2 it. But certain understandings have to be 3 there. 4 Number one, our conference will not 5 support any increase in taxes and fees as we 6 work through this process. And we will not 7 support, as Leader Sampson has indicated, any 8 midyear cuts in aid to education. We will not 9 do that. And also we will look very carefully 10 in terms of the Governor's proposals 11 concerning healthcare. 12 We're almost there. We hope that 13 the Governor cooperates with the Legislature. 14 This is not about political numbers. This is 15 not about hysterics. This is about getting 16 something done and getting a result. 17 And we look forward to working very 18 closely with the Speaker in terms of our 19 legislative responsibilities to get a bill 20 done two ways, and then impress upon the 21 Governor that this is what should be done and 22 it's good for the people of the State of 23 New York. 24 So our work, as I said, is cut out

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(518) 371-8910 1 for us. I wish everybody in this chamber a 2 happy Thanksgiving. To all of our good staff 3 people around here, our phones are available, 4 and enjoy Thanksgiving Day for a few hours, 5 but then we'll all be working diligently to 6 make sure that a bill is introduced and ready 7 to go on Monday. 8 So again, Leader Sampson, thank you 9 very much. 10 ACTING PRESIDENT VALESKY: Thank 11 you, Senator Skelos. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, at 14 this time can we please stand at ease. 15 ACTING PRESIDENT VALESKY: The 16 Senate will stand at ease. 17 (Whereupon, the Senate stood at 18 ease at 12:29 p.m.) 19 (Whereupon, the Senate reconvened 20 at 3:02 p.m.) 21 ACTING PRESIDENT VALESKY: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, is 24 there any further business at the desk?

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: There 2 is no further business. 3 SENATOR KLEIN: Mr. President, I 4 ask that we adjourn at the call of the 5 Temporary President, intervening days to be 6 legislative days. 7 Just in the way of keeping our 8 calendar, we do expect to be back on Monday. 9 In the meantime, a happy 10 Thanksgiving to all. 11 ACTING PRESIDENT VALESKY: On 12 motion, the Senate stands adjourned until the 13 call of the Temporary President of the Senate, 14 intervening days being legislative days. 15 Happy Thanksgiving. 16 (Whereupon, at 3:03 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24

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(518) 371-8910