Thursday, March 18, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 18, 2010 11 12:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will come to order. 4 I ask all to rise and repeat with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Wednesday, March 17, the Senate met pursuant 18 to adjournment. The Journal of Tuesday, 19 March 16, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT BRESLIN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 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 Klein. 8 SENATOR KLEIN: Thank you, 9 Mr. President. 10 On behalf of Senator Dilan, on 11 page number 16 I offer the following 12 amendments to Calendar Number 222, Senate 13 Print Number 1083, and ask that said bill 14 retain its place on Third Reading Calendar. 15 ACTING PRESIDENT BRESLIN: So 16 ordered. 17 SENATOR KLEIN: On behalf of 18 Senator Stachowski, on page number 11 I offer 19 the following amendments to Calendar Number 20 119, Senate Print Number 6434, and ask that 21 said bill retain its place on Third Reading 22 Calendar. 23 ACTING PRESIDENT BRESLIN: So 24 ordered. 25 SENATOR KLEIN: On behalf of

Candyco Transcription Service, Inc. 1 Senator Parker, on page number 10 I offer the 2 following amendments to Calendar Number 112, 3 Senate Print Number 2274, and ask that said 4 bill retain its place on Third Reading 5 Calendar. 6 ACTING PRESIDENT BRESLIN: So 7 ordered. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 are there any substitutions at the desk? 11 ACTING PRESIDENT BRESLIN: The 12 Secretary will read. 13 THE SECRETARY: On page 16, 14 Senator Valesky moves to discharge, from the 15 Committee on Finance, Assembly Bill Number 16 10093 and substitute it for the identical 17 Senate Bill Number 3195B, Third Reading 18 Calendar 223. 19 ACTING PRESIDENT BRESLIN: 20 Substitution ordered. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe there's a resolution at the desk by 24 Senator Seward. I ask that the resolution be 25 read in its entirety and move for its

Candyco Transcription Service, Inc. 1 immediate adoption and give Senator Seward the 2 opportunity to speak on his resolution. 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT BRESLIN: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Seward, legislative resolution urging the 13 New York State Congressional delegation to 14 enact House Print 2156/Senate Print 971, 15 "Jason's Law." 16 "WHEREAS, House Print 2156/Senate 17 Print 971 would implement a pilot program to 18 establish parking facilities to address the 19 shortage of safe long-term parking for 20 commercial vehicles on the national highway 21 system; and 22 "WHEREAS, It is the position of 23 this Legislative Body that House Print 24 2156/Senate Print 971, also known as 'Jason's 25 Law,' proposed by Congressman Tonko and

Candyco Transcription Service, Inc. 1 Senator Schumer, which would provide a 2 long-term comprehensive plan to address safety 3 issues that face our nation's truckers, should 4 be supported by the New York State 5 Congressional delegation; and 6 "WHEREAS, This law is in 7 recognition of the tragic death of Jason 8 Rivenberg of Schoharie County, who was killed 9 at an abandoned gas station in South Carolina 10 while following federal rest regulations for 11 truck drivers, and who is survived by his 12 wife, Hope, and their three children, Joshua, 13 Hezekiah, and Logan; and 14 "WHEREAS, It is the intent of this 15 Legislative Body to support the enactment of 16 'Jason's Law,' in order to ensure that truck 17 drivers have adequate facilities to enable 18 them to comply with federal laws without risk 19 to their personal safety; now, therefore, be 20 it 21 "RESOLVED, That the New York State 22 Congressional delegation be and hereby is 23 respectfully memorialized by this Legislative 24 Body to vote in favor of House Print 25 2156/Senate Print 971, 'Jason's Law,' and be

Candyco Transcription Service, Inc. 1 it further 2 "RESOLVED, that copies of this 3 resolution, suitably engrossed, be transmitted 4 to each member of the Congressional delegation 5 from the State of New York." 6 ACTING PRESIDENT BRESLIN: 7 Senator Seward. 8 SENATOR SEWARD: Thank you, 9 Mr. President. 10 This resolution is urging the 11 federal government and in particular our 12 New York Congressional delegation to enact 13 "Jason's Law." This measure, that's being 14 sponsored by Congressman Tonko and Senator 15 Schumer, was prompted by a very tragic 16 incident involving one of our mutual 17 constituents -- that is, Jason Rivenberg, who 18 was a truck driver from Schoharie County who 19 was killed last year, just about a year or so 20 ago, during a robbery as he sat in his rig at 21 an abandoned gas station in South Carolina 22 that was often used by truckers as a rest area 23 because there was no other safe truck parking 24 area available in that area. 25 At the time of his death, Jason was

Candyco Transcription Service, Inc. 1 a mere 12 miles from his destination but was 2 unable to make his delivery at that time 3 because he was too early. 4 Now, this tragedy highlights the 5 seriousness of the problem surrounding the 6 lack of available safe, secure parking 7 facilities for our nation's truckers. We rely 8 on commercial trucks to transport goods and 9 services that are necessary for our economic 10 well-being and our everyday lives, and it is 11 vital that we also ensure that truck drivers 12 who are transporting these very essential 13 products have safe places to rest while they 14 are waiting for pending appointments or in 15 order to comply with the federal hours of 16 service regulations. 17 As many of you know, federal law 18 mandates that drivers rest for 10 hours after 19 driving for 11 hours straight, and federal law 20 also prohibits them from driving more than 21 60 hours in total over a seven-day period. So 22 if we're going to require truckers to take 23 regular breaks, it is imperative that we 24 provide them with a safe place to rest. 25 This is a real problem, because

Candyco Transcription Service, Inc. 1 there is a severe shortage of such safe 2 parking areas for motor carriers, forcing many 3 drivers, like Jason that night, to park in a 4 desolate, poorly lit area with little or no 5 security. 6 Now, the federal legislation would 7 authorize the federal government to work with 8 the states and help fund pilot projects to 9 expand and publicize parking options for 10 commercial vehicles. The result would be a 11 variety of improvements, including building 12 new rest areas with adequate parking, 13 expanding parking near truck stops at existing 14 facilities, constructing turnouts along the 15 highway system for commercial vehicles, as 16 well as promoting and publicizing the 17 available parking options in our highway 18 system. 19 Now, Jason's family, who is joining 20 us today in the chamber, have just returned 21 from Washington, where they spent a number of 22 days tirelessly lobbying members of Congress 23 in support of "Jason's Law." And they have 24 turned their personal tragedy into a real 25 cause which is so important to us all.

Candyco Transcription Service, Inc. 1 And joining us here today, and I 2 want to recognize them, is Hope Rivenberg, 3 Jason's wife, and their three children, 4 Joshua, Hezekiah and Logan -- and Hezekiah and 5 Logan are twins, and today is actually their 6 first birthday. And they were born a few days 7 after their father's death -- and Tim and 8 Sandy Hardendorf, other family members, and 9 Butch and Cathy Savage, as well as Chip 10 Savage. 11 And this family has been through a 12 lot, and I hope that the passage of our 13 resolution today will send a clear message to 14 our representatives in Washington that 15 "Jason's Law" must be enacted at the federal 16 level so that we can prevent other families 17 from going through the pain and agony that 18 Jason's family has been forced to endure. 19 So, Mr. President and my 20 colleagues, thank you for your support of this 21 resolution. And, Mr. President, I would 22 invite all members of the body to join me as 23 cosponsors should they wish to do so. This is 24 an important issue for all of us. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Seward. 3 The question is on the resolution. 4 All those in favor please signify by saying 5 aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT BRESLIN: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT BRESLIN: The 11 resolution is adopted unanimously. 12 And Senator Seward has asked that 13 all of us will be on for cosponsorship unless 14 someone comes to the desk and seeks an 15 opposite position. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, at 18 this time can we please move to a reading of 19 the calendar. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 108, by Senator Maziarz, Senate Print 1055C, 24 an act to amend the Banking Law, in relation 25 to preauthorized electronic fund transfers.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BRESLIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 203, by Member of the Assembly Pretlow, 13 Assembly Print Number 5873, an act to amend 14 the Public Officers Law, in relation to 15 location. 16 ACTING PRESIDENT BRESLIN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Senator DeFrancisco, to explain his vote. 25 SENATOR DeFRANCISCO: You know, I

Candyco Transcription Service, Inc. 1 had expressed a similar point of view on 2 another piece of legislation that was brought 3 in the past dealing with making assessors or 4 tax collectors give a receipt when an 5 application for a STAR program was requested. 6 And there was no empirical evidence about that 7 as to why it was really needed. There's no 8 evidence that tax collectors or assessors 9 didn't provide that when requested. 10 This is another bill -- and we've 11 got so many serious issues here -- but this 12 bill says public bodies shall make or cause to 13 be made all reasonable efforts to ensure that 14 meetings are held in an appropriate facility 15 which can adequately accommodate members of 16 the public who wish to attend such meetings. 17 Now, I would be shocked if there's 18 any public body that would not take reasonable 19 efforts to provide facilities, appropriate 20 facilities so people can attend. 21 So once again, we've got so many 22 different issues here that are so important -- 23 most importantly, the budget. I think this 24 stuff really is not necessary. And it's 25 almost a slap in the face of public bodies if

Candyco Transcription Service, Inc. 1 they're already complying and they're taking 2 these reasonable steps. 3 So I'll vote yes to avoid a press 4 release that says that I'm against adequate 5 facilities. But I would hope that we'd 6 concentrate on more substantial type of 7 legislation. 8 Thank you, Mr. President. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator DeFrancisco. 11 Senator DeFrancisco will be 12 recorded in the affirmative. 13 Announce the results. 14 THE SECRETARY: Ayes, 59. Nays, 15 0. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 212, by Senator Serrano, Senate Print 3332, an 20 act to amend the Public Officers Law -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day. 23 ACTING PRESIDENT BRESLIN: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 213, by Senator C. Johnson -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day. 4 ACTING PRESIDENT BRESLIN: The 5 bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 214, by Member of the Assembly Latimer -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day. 10 ACTING PRESIDENT BRESLIN: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 223, substituted earlier today by Member of 14 the Assembly Destito, Assembly Print Number 15 10093, an act to amend the Public Officers 16 Law, in relation to open meetings. 17 ACTING PRESIDENT BRESLIN: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect April 1, 2011. 21 ACTING PRESIDENT BRESLIN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT BRESLIN: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 Oh, excuse me. Senator Saland, to 5 explain his vote. 6 SENATOR SALAND: I'm certainly 7 not advocating that anybody vote against this 8 bill. I am, however, concerned that this bill 9 could be more specific in terms of what 10 authority is granted to a local body in terms 11 of how they shall govern the recording or 12 telecasting of a particular meeting, giving 13 them the right to impose reasonable 14 limitations. 15 I mean, what would you do if 26 16 people showed up in a town hall with the 17 capacity of 50 people and they all wanted to 18 be able to use their video cameras to record 19 the events of the meeting or of the day? 20 And I would hope that the sponsor 21 would take a look at the likelihood of 22 providing perhaps some additional guidance, 23 perhaps restrictions that will make this a bit 24 more manageable for those who are going to be 25 subject to this provision of the law.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Saland. 4 Senator Saland will be recorded in 5 the affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 60. Nays, 8 0. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 The Secretary will continue to 12 read. 13 THE SECRETARY: Calendar Number 14 224, by Member of the Assembly Gottfried, 15 Assembly Print Number 1138, an act to amend 16 the Social Services Law, in relation to 17 authorizing. 18 ACTING PRESIDENT BRESLIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 229, by Member of the Assembly Sweeney, 7 Assembly Print Number 8558, an act to amend 8 the Environmental Conservation Law, in 9 relation to creating an exemption. 10 ACTING PRESIDENT BRESLIN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BRESLIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT BRESLIN: 18 Announce the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT BRESLIN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 230, by Senator Huntley, Senate Print 6682, an 24 act to amend Part R2 of Chapter 62 of the Laws 25 of 2003, amending the Mental Hygiene Law and

Candyco Transcription Service, Inc. 1 the State Finance Law. 2 ACTING PRESIDENT BRESLIN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT BRESLIN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT BRESLIN: 10 Announce the results. 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT BRESLIN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 247, by Senator Aubertine, Senate Print 5486, 16 an act to amend the Town Law and others, in 17 relation to generic environmental impact 18 statements. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Announce the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT BRESLIN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 256, by Senator Valesky -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day. 10 ACTING PRESIDENT BRESLIN: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 257, by Senator Klein, Senate Print 6212A, an 14 act to amend the Real Property Tax Law and the 15 Tax Law, in relation to the "Middle Class 16 STAR" rebate program. 17 SENATOR DeFRANCISCO: Please lay 18 the bill aside. 19 ACTING PRESIDENT BRESLIN: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 259, by Senator Serrano, Senate Print 6883, an 23 act to amend the Executive Law, in relation -- 24 SENATOR KLEIN: Lay the bill 25 aside for the day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 260, by Member of the Assembly Destito, 5 Assembly Print Number 10196, an act to amend 6 the Public Officers Law, in relation to 7 enforcement. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 SENATOR DeFRANCISCO: Please lay 11 the bill aside. 12 ACTING PRESIDENT BRESLIN: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 261, by Senator L. Krueger, Senate Print 7109, 16 an act to amend the Public Officers Law, in 17 relation to publishing records. 18 ACTING PRESIDENT BRESLIN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 That completes the reading, Senator 6 Klein, of the noncontroversial calendar. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 can we now move to a reading of the 10 controversial calendar. 11 ACTING PRESIDENT BRESLIN: The 12 Secretary will read. 13 The Secretary will also ring the 14 bell. Members are all asked to come to the 15 chambers for the controversial reading of the 16 calendar. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, I 19 request that we start off the controversial 20 calendar with Calendar Number 260, Senator 21 Oppenheimer's bill. 22 ACTING PRESIDENT BRESLIN: 23 Senator Oppenheimer's bill, Calendar Number 24 260, will now be undertaken. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 260, by Member of the Assembly Destito, 2 Assembly Print Number 10196, an act to amend 3 the Public Officers Law. 4 SENATOR DeFRANCISCO: 5 Explanation. 6 ACTING PRESIDENT BRESLIN: An 7 explanation has been requested, Senator 8 Oppenheimer. 9 SENATOR OPPENHEIMER: Thank you. 10 Well, actually this is a bill that 11 we passed last year unanimously and the 12 Governor vetoed it. And the -- maybe I'll 13 tell you briefly. 14 What the bill says is if a local 15 municipal government debates the conditions of 16 a piece of legislation before them in private, 17 even though they may take the vote on it in 18 public, that this violates our Freedom of 19 Information laws. 20 So therefore, in the last bill -- 21 that we passed unanimously last year -- if 22 that were to occur, then the court could 23 determine a fine -- a fee -- a fine against 24 the members of the council or the trustees. 25 And the Governor, I think rightly,

Candyco Transcription Service, Inc. 1 said that that really was not fair and that we 2 would end up having great difficulty getting 3 people to serve on our town councils or our 4 village boards or our city councils if they 5 thought they had to pay a fine because they 6 inadvertently -- maybe inadvertently -- held 7 their discussions in private before taking the 8 vote in public. 9 So now we've taken out the fine and 10 we've said that instead, if the court finds 11 that this did happen, that then they would 12 offer a reprimand, the issue would have to be 13 discussed in public, and perhaps they might 14 have to take a class, a little minicourse on 15 how to do it properly so this thing would not 16 occur again. 17 That's the sum and substance. It's 18 a pretty simple bill. And it's taken out the 19 fines, which had many of us concerned because 20 we could see nobody wanting to run for our 21 municipal governments. 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator Oppenheimer. 24 Senator Winner. 25 SENATOR WINNER: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. Will the sponsor yield for a 2 question or two? 3 SENATOR OPPENHEIMER: Absolutely. 4 SENATOR WINNER: Thank you, 5 Senator. 6 ACTING PRESIDENT BRESLIN: You 7 may proceed, Senator Winner. 8 SENATOR WINNER: Thank you, 9 Senator. 10 Senator, this legislation, as you 11 indicated, was -- it was similar to a bill 12 that was passed last year. However, this 13 legislation was just introduced. Wasn't this 14 legislation just introduced very recently, on 15 March 9th, I believe? 16 SENATOR OPPENHEIMER: Yes. 17 SENATOR WINNER: And this is -- 18 ACTING PRESIDENT BRESLIN: Would 19 you like Senator Oppenheimer to continue to 20 yield? 21 SENATOR WINNER: Thank you, 22 Senator -- Mr. President. Appreciate it. If 23 Senator would continue to yield for a 24 question. 25 SENATOR OPPENHEIMER: Please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Yes. 2 SENATOR WINNER: You know, this 3 is Sunshine Week, and celebrating open 4 government and transparency and the like. And 5 I just am kind of curious, in the spirit of 6 Sunshine Week, this bill was referred to the 7 Committee on Investigations upon its 8 introduction and I don't recall having any 9 kind of vote on it or a meeting as it related 10 to discussing this bill. 11 Was there some exigent 12 circumstances or something that had this bill 13 reported out of committee without a vote? 14 ACTING PRESIDENT BRESLIN: 15 Senator Oppenheimer. 16 SENATOR OPPENHEIMER: You'll have 17 to wait a moment for my response because I was 18 not at the committee when this bill came up. 19 I understand that the bill went 20 through Rules. 21 SENATOR WINNER: Well, the bill 22 was introduced in -- 23 ACTING PRESIDENT BRESLIN: 24 Senator Winner, would you like Senator 25 Oppenheimer to continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR WINNER: Thank you, 2 Mr. President. If the Senator would continue 3 to yield to a question. 4 ACTING PRESIDENT BRESLIN: 5 Senator Oppenheimer? 6 SENATOR OPPENHEIMER: Yes, I 7 will. 8 SENATOR WINNER: Senator, the 9 bill was referred to the Committee on 10 Investigations. Do you know whether that 11 committee had a vote on this bill? Or was it 12 sort of done in the middle of the night? 13 ACTING PRESIDENT BRESLIN: 14 Senator Winner -- 15 SENATOR WINNER: Yes, 16 Mr. President. 17 SENATOR OPPENHEIMER: I'll be 18 happy to respond. 19 SENATOR WINNER: One real 20 question and one rhetorical. 21 SENATOR OPPENHEIMER: I'll be 22 happy to respond to Senator Winner. This 23 bill, it seems that it's a rather simple and 24 obvious bill, since we passed it unanimously 25 last year, when it was much more onerous than

Candyco Transcription Service, Inc. 1 it is now. 2 So it was -- you're right, it was 3 put through Rules so that we would be able to 4 pass it during the Sunshine Week. 5 SENATOR WINNER: Will the Senator 6 continue to yield? 7 ACTING PRESIDENT BRESLIN: Would 8 you continue to yield to Senator Winner, 9 Senator? 10 SENATOR OPPENHEIMER: Certainly. 11 ACTING PRESIDENT BRESLIN: You 12 may proceed, Senator Winner. 13 SENATOR WINNER: Senator, you 14 said it was put through Rules. The bill was 15 referred to Investigations. So when was there 16 a meeting? Did you ask for the bill to be 17 taken out of Investigations without a vote and 18 put into Rules? 19 SENATOR OPPENHEIMER: I have not 20 asked for it to be put into Rules and not into 21 Investigations. 22 But it seems to me that it's a 23 pretty obvious bill. And going to Rules is 24 not -- I know you want to make it into a very 25 important thing, but this bill, while it is

Candyco Transcription Service, Inc. 1 something that is open government and is 2 sunshine, and this is the week for it, it was 3 expedited. It's as simple as that. 4 SENATOR WINNER: So the exigent 5 circumstances is that it's Sunshine Week and 6 so therefore we want to yank it out of the 7 committee of reference into Rules so that it 8 can be on the floor today? 9 ACTING PRESIDENT BRESLIN: 10 Senator, even though it's been asked and 11 answered, you may answer it again. 12 SENATOR OPPENHEIMER: I'm sorry 13 that I didn't hear the question. But could 14 you repeat it, please, Senator Winner? 15 SENATOR WINNER: Senator, it 16 being Sunshine Week and Open Government Week, 17 maybe I would ask this question. Have we had 18 any open sunshine type of meetings on the 19 budget this week? 20 ACTING PRESIDENT BRESLIN: Not 21 germane. 22 SENATOR OPPENHEIMER: I don't 23 feel that that's germane to this bill. 24 ACTING PRESIDENT BRESLIN: That's 25 not germane to this proceeding. The question

Candyco Transcription Service, Inc. 1 out of order. 2 SENATOR OPPENHEIMER: But if I 3 may respond, I'd like to say that -- 4 ACTING PRESIDENT BRESLIN: 5 Senator Oppenheimer, the question is out of 6 order. It's not germane. We'll wait and see 7 if there is another question to be asked. 8 SENATOR OPPENHEIMER: Well, 9 actually -- 10 SENATOR WINNER: Would the 11 Senator yield to a germane question with 12 regard to the bill before us? 13 ACTING PRESIDENT BRESLIN: Would 14 you agree to answer a germane question, 15 Senator? 16 SENATOR OPPENHEIMER: Yes, I'll 17 agree to answer a germane question. 18 SENATOR WINNER: So is it your 19 position that this bill was not properly 20 referred to the Investigations Committee, or 21 that there's a new rule that we have about 22 bills that are simple and that don't need to 23 be determined by a committee for whatever 24 criteria we have here and then can immediately 25 be taken out and put on the floor without any

Candyco Transcription Service, Inc. 1 committee review? 2 SENATOR OPPENHEIMER: Senator 3 Winner, in response, from what I understand, 4 there are thousands of bills, through the many 5 years I've been here, that have come direct 6 from Rules to the floor. So I think this is 7 no exception. 8 And that has happened whether it's 9 a majority or a minority bill, whether you, 10 your side of the aisle or my side of the aisle 11 has been in control of this chamber. So this 12 is really not a very unusual circumstance. 13 ACTING PRESIDENT BRESLIN: 14 Senator Winner. 15 SENATOR WINNER: Mr. President, 16 on the bill. 17 ACTING PRESIDENT BRESLIN: 18 Senator Winner, on the bill. 19 Thank you, Senator Oppenheimer. 20 SENATOR OPPENHEIMER: Thank you. 21 SENATOR WINNER: Mr. President, 22 it's my understanding that the past practice 23 of this house has been that when the 24 committees have closed, then under those 25 circumstances there have been referrals out of

Candyco Transcription Service, Inc. 1 the committee to the Rules Committee. 2 And certainly if there was some 3 exigent circumstance -- the only exigent 4 circumstance that I can see in this somewhat 5 rather tortuous explanation of why we're not 6 conducting any open meeting or committee 7 process as it relates to this legislation is 8 that we wanted to get it done today even 9 though we've laid aside nearly every other 10 bill that has any kind of real impact on open 11 government and open meetings. 12 We have not had a particularly, I 13 would guess, ambitious agenda in the spirit of 14 sunshine or open government. In fact, it 15 seems to be somewhat limited. So we had a 16 committee meeting of Investigations on Monday. 17 That bill certainly could have been on that 18 committee agenda. 19 And it just seems to me a little 20 bit ironic that we would have an open meetings 21 violation -- or not a violation, but in the 22 spirit of this Sunshine Week, so sort of 23 cavalierly dealt with as it relates to our 24 committee process here. 25 And so for those reasons,

Candyco Transcription Service, Inc. 1 Mr. President, you know, I express my concerns 2 that we maybe ought to be a little bit more 3 consistent with regard to our actions. 4 Thank you very much. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Winner. 7 Senator Ranzenhofer. 8 SENATOR RANZENHOFER: A couple of 9 questions for the sponsor. 10 ACTING PRESIDENT BRESLIN: 11 Senator Oppenheimer, do you yield to Senator 12 Ranzenhofer? 13 SENATOR OPPENHEIMER: Sure. 14 SENATOR RANZENHOFER: Thank you. 15 Through you, Mr. Chairman. You keep on saying 16 that this is the same bill that we had last 17 year, but in your memo you say that this is a 18 new bill. So I'm a little unclear. Is this a 19 new bill, as you indicate here, or is this not 20 a new bill? 21 SENATOR OPPENHEIMER: Through 22 you, Mr. President. 23 ACTING PRESIDENT BRESLIN: 24 Senator Oppenheimer. 25 SENATOR OPPENHEIMER: This is a

Candyco Transcription Service, Inc. 1 new bill because we took out that part that 2 had a fine for people who violated the law. 3 So this is indeed a new bill, but 4 it's substantially identical except we have 5 taken out that one provision that the 6 Governor -- and myself, actually; I think it 7 was a proper thing to take out. 8 ACTING PRESIDENT BRESLIN: 9 Senator Ranzenhofer. 10 SENATOR RANZENHOFER: Through 11 you, Mr. Chairman. Is another new part of the 12 bill the fact that this training session is 13 now required, or was that in last year's bill? 14 ACTING PRESIDENT BRESLIN: Do you 15 continue to yield, Senator Oppenheimer? 16 SENATOR OPPENHEIMER: Yes. 17 ACTING PRESIDENT BRESLIN: You 18 may answer. 19 SENATOR OPPENHEIMER: Thank you, 20 Mr. President. 21 Senator, what we did was put in 22 something that we felt was much less onerous 23 than a fine, and that would be a training 24 session. Because we felt the fine was 25 burdensome and would make it difficult for us

Candyco Transcription Service, Inc. 1 to attract people to run for office. So in 2 place of that, we put in the training session. 3 Which we hope, when the training session is 4 completed, we will never have to face that 5 particular board again. 6 SENATOR RANZENHOFER: A couple 7 more questions, Mr. Chairman, if the sponsor 8 will continue to yield. 9 ACTING PRESIDENT BRESLIN: 10 Senator Oppenheimer, do you continue to yield 11 to Senator Ranzenhofer? 12 SENATOR OPPENHEIMER: Yes. 13 ACTING PRESIDENT BRESLIN: You 14 may proceed. 15 SENATOR RANZENHOFER: In the 16 bill, the fiscal impact, there's nothing 17 there. How much is this going to cost 18 municipalities? 19 SENATOR OPPENHEIMER: Pardon me, 20 through you. Did you say how much will it 21 cost? 22 SENATOR RANZENHOFER: Cost 23 municipalities for these training programs for 24 people that violate. 25 SENATOR OPPENHEIMER: The

Candyco Transcription Service, Inc. 1 training program is provided by the state. 2 The people who enforce the Freedom 3 of Information Laws, they exist in our 4 community, and they are there, particularly 5 Robert Freeman, to assist us with any training 6 that has to be done. 7 SENATOR RANZENHOFER: And who 8 pays for that? 9 ACTING PRESIDENT BRESLIN: 10 Senator Ranzenhofer -- 11 SENATOR RANZENHOFER: I'm sorry. 12 Through you, Mr. Chairman, will Senator 13 Oppenheimer continue to yield. 14 ACTING PRESIDENT BRESLIN: 15 Senator Oppenheimer, will you continue to 16 yield to Senator Ranzenhofer? 17 SENATOR OPPENHEIMER: Yes. 18 ACTING PRESIDENT BRESLIN: You 19 may proceed. 20 SENATOR OPPENHEIMER: Thank you, 21 Mr. President. 22 SENATOR RANZENHOFER: Yes, who 23 pays for that? 24 SENATOR OPPENHEIMER: I'm sorry. 25 As I said, it is funded by the Department of

Candyco Transcription Service, Inc. 1 State. It is there for each of us to use as 2 we choose to use it in our districts. 3 So you will find it available for 4 any freedom of information issue that you may 5 have within your Senate district. And it 6 would be available in place of the fine for 7 this particular case. 8 SENATOR RANZENHOFER: Okay, thank 9 you. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Ranzenhofer. 12 Are there any other Senators 13 wishing to be heard? 14 Hearing none, the debate is closed. 15 The Secretary will please ring the bells. 16 The Secretary will read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 60th day. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Announce the results. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 260: Ayes, 60. Nays, 0. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 257, by Senator Klein, Senate Print 6212A, an 6 act to amend the Real Property Tax Law and the 7 Tax Law. 8 ACTING PRESIDENT BRESLIN: 9 Senator Libous. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 I believe we have two amendments at 13 the desk, the first one by Senator Saland and 14 Senator Little. And I would ask that you call 15 upon Senator Saland and Senator Little in that 16 order. 17 ACTING PRESIDENT BRESLIN: 18 Senator Saland. 19 SENATOR SALAND: Thank you, 20 Mr. President. 21 As Senator Libous pointed out, 22 we've offered up the amendment, we would waive 23 its reading and ask for the opportunity to 24 explain the amendment. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Saland, your amendment is here at the 2 desk. Without objection, the reading is 3 waived and you may speak on the amendment. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 Mr. President, the amendment that 7 we are proposing to the bill that is on the 8 calendar, Senator Klein's bill, is an 9 amendment which deals substantially with the 10 very same items that you will find in Senator 11 Klein's bill, and in fact even more 12 expansively goes into some other areas that 13 relate to real property tax relief. 14 And with your permission, I will 15 briefly describe the major components, yield 16 to my colleague Senator Little, who will go on 17 at greater length with respect to one portion, 18 and then perhaps to my colleague Senator 19 LaValle, if he's so inclined, on yet another 20 part. 21 This bill offers up both a real 22 property tax rebate mechanism to reinstate the 23 tax rebates that had been initiated several 24 years ago. At the time of their initiation, 25 it was an issue which I was very keenly

Candyco Transcription Service, Inc. 1 involved in and attempted to advance. 2 Unfortunately, we've seen that these tax 3 rebate checks have been stricken from this 4 year's budget, last year's budget. And we 5 would hope to be able to restore them and 6 restore them for people with incomes of 7 $250,000 and below. 8 It would afford real property 9 taxpayers the option of having the greater of 10 their tax rebate check or the result of what 11 they would be entitled to under the circuit 12 breaker. The circuit breaker -- and again, 13 I'm going to defer to Senator Little -- also 14 has a $250,000 household adjusted gross income 15 cap on it. 16 We also propose, in this amendment, 17 a senior citizen property tax freeze, optional 18 on behalf of local governments, for those 19 70 years or over, and very, very importantly, 20 a property tax levy cap. And that property 21 tax levy cap would be 120 percent of the CPI, 22 or 4 percent, whichever is less -- numbers 23 that we're all familiar with, having seen them 24 in one form or another with regard to these 25 issues over quite a period of time.

Candyco Transcription Service, Inc. 1 It would provide, as does Senator 2 Klein's bill, I believe, for being able to 3 bank any unused tax levy, provide for an 4 underride, provide for a petition to override 5 a levy limit. 6 In addition, we provide for mandate 7 relief -- not mandate deferral, mandate 8 relief, absolute and total mandate relief. 9 And we say that no unfunded mandate shall be 10 imposed upon another level of local 11 government, be it a municipality or a school 12 district. And we believe in these difficult, 13 difficult times that should be an absolute 14 ban. 15 We do recognize that there are 16 times, whether it be by way of court order, 17 whether it be by way of some federal action 18 and several other potential exceptions -- home 19 rule request -- in which a mandate may in fact 20 wind up being imposed, but not by any action 21 of this Legislature or by any direct action of 22 any regulatory authority. 23 We look to save money through 24 making greater use of regional cost-savers -- 25 regional transportation, regional collective

Candyco Transcription Service, Inc. 1 bargaining negotiations. And we also provide 2 a means by which school districts can reach 3 reserve funds that are currently unreachable, 4 monies that have accumulated with regard 5 certain anticipated employee benefits. I 6 believe the Comptroller has ruled that the 7 accumulation of these reserve funds was not an 8 appropriate means for particularly our school 9 districts to engage in, and these monies could 10 be released to afford real property tax 11 relief. 12 This is a measure whose time not 13 only has come, it is desperately overdue. 14 It's something that we introduced as 15 legislation as our Republican Homeowners 16 Protection Act. 17 And I will yield to Senator Little, 18 who certainly has been instrumental in really 19 initiating the entire focus on the 20 circuit-breaker approach and is perhaps one of 21 the foremost experts in either house on the 22 subject of the circuit breaker. 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Senator Saland. 25 Senator Little.

Candyco Transcription Service, Inc. 1 SENATOR LITTLE: Thank you, 2 Mr. President. And thank you, Senator Saland. 3 I'd also like to begin by thanking 4 Senator Klein for putting forth this bill 5 today, a circuit breaker. And also Senator 6 Liz Krueger, who has another version of a 7 circuit-breaker bill that I believe I 8 cosponsor with her, or I am on that bill. 9 A circuit breaker is an important 10 bill to help with property taxes. The thing 11 about property taxes is that property taxes 12 are based on the value of your property, the 13 value of your home, not on your ability to 14 pay. And a circuit breaker will help you when 15 those property taxes reach a certain 16 percentage of your income, when you more or 17 less go into overload, similar to an electric 18 circuit, and you can no longer do it. 19 We've all had people call us and 20 come to us whose property taxes are sometimes 21 20, 25 percent of their income. And who do 22 they affect the most? They affect people who 23 have lived in their home a long time, who have 24 seen the value of their home rise, who have 25 not seen their income change -- or their

Candyco Transcription Service, Inc. 1 income, because they are retired, is actually 2 less -- and they are being forced to move out 3 of their home. 4 I became interested in a 5 circuit-breaker bill when taxpayer groups came 6 to me, many groups within the North Country, 7 especially because we're in a resort area and 8 people who have had a home on a lakeside 9 property and have retired to that home have 10 found that the value has quadrupled, a 11 tremendous increase in value, and they can no 12 longer afford to pay the property taxes and 13 realize that they may no longer afford to be 14 able to live there. 15 They formed a group called the 16 Omnibus Consortium. And that is now 17 statewide, from Essex County, Dutchess County, 18 Cayuga County, and all the counties in the 19 state I believe have members in this. In 20 their opinion, a circuit breaker is the 21 fairest, most meaningful, most cost-effective 22 way to provide property tax relief. 23 So what does our amendment do? Our 24 amendment adds the bill that we proposed last 25 week or the week before, which has many of the

Candyco Transcription Service, Inc. 1 same proponents as Senator Klein's bill, but 2 we believe that it is more helpful and it is 3 simpler. What our bill would do would be a 4 flat 6 percent of your income, up to the 5 $250,000 limit, and you would get a 70 percent 6 credit on your property taxes. 7 So someone whose income is $350,000 8 and their property taxes are $4200 -- which is 9 not out of range when you think about even a 10 $100,000 house or an $85,000 house in our 11 areas -- our circuit breaker that we are 12 amending this bill with would actually help 13 that homeowner with $840, whereas Senator 14 Klein's circuit breaker would only be $210. 15 When you get up to the $200,000 16 household income -- you know, you could have a 17 principal and a teacher. We're certainly not 18 out of middle-class at that range -- a 19 two-career family, Senator Klein's bill, if 20 their taxes were $15,000, would not help, 21 because you'd have to have taxes over $18,000 22 to get any help from that bill. Our bill, 23 being 6 percent of that and 70 percent return, 24 would help that person with $2,100 of their 25 $15,000.

Candyco Transcription Service, Inc. 1 We have estimated our bill to cost 2 about $1.4 billion. We believe that through 3 many, many cuts in spending, cuts in areas 4 where we control our spending, institute a 5 spending cap for the state, that we would be 6 able to pay for this. 7 And I would just encourage all of 8 you this is, I think, a more helpful bill an 9 simpler bill to understand. But in all 10 honesty, I'm just really pleased that we are 11 here today talking about a circuit-breaker 12 bill to help the taxpayers of New York State 13 before they're all gone. 14 Thank you. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Little. 17 Senator LaValle. 18 SENATOR LaVALLE: Thank you, 19 Mr. President. 20 Our conference, the Republican 21 conference, has for years made real property 22 taxes and the reduction of real property taxes 23 its number-one priority. Example, the STAR 24 program and the enhanced STAR program was the 25 basis, the beginning over a number of years,

Candyco Transcription Service, Inc. 1 of addressing the real property tax problem. 2 That was followed by the STAR 3 rebate check that was an important component. 4 And I think that people last year, almost in a 5 knee-jerk way, went to their mailboxes on a 6 daily basis in October and found that there 7 was no rebate check. 8 The proposal that is being put 9 forth here today is one that recognizes the 10 differences in the state in what people pay in 11 real property taxes and the income levels that 12 they have. It allows people basically some 13 choices. And the amendment was put together 14 in a way that allows for a rebate check, if 15 that works out in the best way, or the circuit 16 breaker. 17 The circuit breaker has a long 18 history. In 1977, I sponsored what is today 19 in law. And one of the problems that we've 20 had is to try and explain -- and I think 21 Senator Little did a good job explaining, you 22 know, the circuit breaker and the triggers. 23 In the current law, there are 24 number of income levels and a number of 25 triggers -- 3 percent to 7, 8 percent.

Candyco Transcription Service, Inc. 1 Senator Klein follows that suit in different 2 income levels, using different triggers. 3 Our proposal really tries to 4 simplify what is very, very difficult and 5 simplifies it as one trigger, 6 percent, you 6 get a check at the end, 70 percent of the 7 overage. That simple. Not complicated. 8 The third component is there are a 9 lot of senior citizens who, as they get older 10 and find that Social Security checks have been 11 frozen, they've lost money in their 401(k), 12 they start to worry whether they can stay in 13 their house because of the property tax. And 14 so here we allow seniors 70 or older to be 15 able to have a cap, be able to breathe easy, 16 see some light at the end of the tunnel, and 17 go on with their life. 18 As everyone here knows, when we 19 went to the STAR program we were very, very 20 careful to make sure that we didn't switch 21 burdens from one class of taxpayer to another. 22 And so in our proposal we reimbursed the 23 school district dollar for dollar for what is 24 being taken off the tax rolls in terms of an 25 exemption.

Candyco Transcription Service, Inc. 1 I think it was mentioned the 2 property tax cap that passed this house. 3 Senator Klein's bill doesn't exactly replicate 4 the measure that we passed in this house in 5 2008. And there are a number of mandate 6 relief proposals -- a ban, a ban on mandates 7 for not only school districts but for 8 municipalities. 9 There are other things that our 10 conference and individuals -- Senator Bonacic, 11 I could go around -- other aspects of the real 12 property tax problem. A cap is very 13 important. Choice is very important in trying 14 to save the maximum amount of dollars for each 15 taxpayer. 16 Senator Klein's bill also includes, 17 as does the current law, renters. And of 18 course that item, I mean, people who rent are 19 very deserving of some sort of help. It will 20 be interesting to see the fiscal impact just 21 from that one component. 22 So I think our amendment has both 23 history, passage in this house, and I think 24 it's a very thoughtful approach to dealing 25 with a very complex problem.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator LaValle. 3 Are there any other Senators 4 wishing to be heard? 5 Hearing none, the question is on 6 the motion to amend Calendar Number 257. 7 Those Senators voting in support of the 8 nonsponsor amendment please signify by raising 9 your hands. 10 Announce the results. 11 THE SECRETARY: Ayes, 29. Nays, 12 31. 13 ACTING PRESIDENT BRESLIN: The 14 nonsponsor amendment fails. 15 Senator Libous. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. 18 I believe we have another amendment 19 at the desk, by Senator LaValle. And I ask 20 that the title be read and you call on 21 Senator LaValle, please. 22 ACTING PRESIDENT BRESLIN: 23 Senator LaValle, your amendment is here at the 24 desk. Without objection, the reading is 25 waived and you may speak on the amendment.

Candyco Transcription Service, Inc. 1 SENATOR LaVALLE: Thank you very 2 much, Mr. President. 3 I believe the body just heard me 4 speak about some of the differences and some 5 of the components in the measure that we 6 offered up. Senator Klein certainly has 7 components in his bill, a circuit breaker -- 8 while we can disagree that it doesn't go far 9 enough, the rebate check doesn't go far 10 enough, the one thing he doesn't have in his 11 bill that is critically important is to give 12 some peace of mind to those seniors 70 or 13 older who just find it intolerable to be able 14 to live in their homes. And we certainly want 15 to keep them in New York, keep them close to 16 their grandchildren. 17 So this bill is the component that 18 I explained before. It caps the property tax, 19 gives the senior that option, and also 20 replaces any of the exemption, dollar for 21 dollar, to the local school district. This is 22 critically important and would be a critically 23 important addition to the Klein bill. 24 Thank you, Mr. President. 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator LaValle. 2 Are there any other Senators 3 wishing to be heard? 4 The question is on the second 5 nonsponsor motion to amend Calendar Number 6 257. All those Senators voting in support of 7 the nonsponsor amendment please signify by 8 raising your hands. 9 Announce the results. 10 THE SECRETARY: Ayes, 29. Nays, 11 31. 12 ACTING PRESIDENT BRESLIN: The 13 motion fails. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 ask that the roll be opened. Senator 17 DeFrancisco has a very important commitment 18 that he has to get to, and allow him to vote. 19 ACTING PRESIDENT BRESLIN: 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: I would 22 like to vote aye on the main bill. 23 ACTING PRESIDENT BRESLIN: First 24 of all, the Secretary will open the roll call 25 on Calendar Number 257.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 12. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Aye. 10 SENATOR LIBOUS: That was with 11 unanimous consent, Mr. President. 12 ACTING PRESIDENT BRESLIN: That 13 was with unanimous consent. Thank you very 14 much, Senator Libous. 15 The roll call is now withdrawn, and 16 we are back on the bill. 17 Senator Klein. 18 SENATOR KLEIN: On the bill, 19 Mr. President. 20 ACTING PRESIDENT BRESLIN: 21 Senator Klein, on the bill. 22 SENATOR KLEIN: Thank you, 23 Mr. President. On the bill. 24 I've spent some time with many of 25 my colleagues on the issue of property tax

Candyco Transcription Service, Inc. 1 relief for New Yorkers. I know I've spoken to 2 probably everyone here, even members of the 3 minority conference, on what we need to do to 4 provide property tax relief. 5 It's very, very clear that the 6 voters of New York State are angry, and 7 rightfully so. Their property tax keeps going 8 up, but their income isn't going up at nearly 9 the same pace. 10 So one of the things I tried to do 11 is craft a property tax relief plan which I 12 think allows us to pay for it -- because it's 13 almost the exact number of the former rebate 14 check that was taken out of last year's 15 budget -- but at the same time I believe 16 really provides a comprehensive plan for 17 New Yorkers to save on property taxes. 18 First of all, I think one of the 19 most important concepts of any property tax 20 plan is that if you indeed have a circuit 21 breaker, you must have a cap as well. They 22 work well with one another. I think you can't 23 just have a cap, you can't just have a circuit 24 breaker. 25 One of the things that I've seen

Candyco Transcription Service, Inc. 1 over the years is the reason why the STAR 2 exemption program has kind of grown out of 3 control is because taxpayer dollars, 4 rightfully so, are going into a pot of money 5 to give property tax relief. 6 So if we constantly raise taxes and 7 taxes increase on the local and school 8 district level, we constantly have to put 9 money into it to pay for it. So that's why 10 having the 4 percent cap in my legislation -- 11 which would exclude capital costs -- I think 12 will go a long way towards making sure that 13 school districts live within their means. 14 You know, we're asking New Yorkers 15 each and every day, especially now, during 16 tough economic times, to balance their 17 checkbooks, to live within their means, to do 18 more with less. I do not think it is too much 19 to ask our local school districts to do the 20 same. 21 They have to, I think, learn to 22 live within their means. And I think the way 23 we're going to finally lower property taxes 24 and make property taxes drop like a rock in 25 New York State is a very, very important step

Candyco Transcription Service, Inc. 1 of actually having a cap in place. 2 Next is the circuit breaker. The 3 circuit breaker would apply to anyone who 4 earns under $250,000 a year, their gross 5 income, and it's broken into various brackets: 6 $120,000 or less, $120,000 to $175,000, and 7 finally $175,000 to $250,000. The threshold 8 percentages of property taxes are 7, 8 and 9 9 percent. The circuit breaker tax credit is 10 30 percent. 11 The reason why I had the bill at 12 30 percent, as compared to I know Senator 13 Little, who's worked on this issue for so many 14 years, is a basic answer, cost. If we did the 15 legislation that was proposed by the minority 16 today in the form of their amendment, that 17 circuit breaker would cost well over 18 $4 billion, including returning the STAR 19 rebate check to everyone. I'd love to say we 20 can do it during these fiscal times, but we 21 just can't. 22 So I think the proposal at hand 23 today is taking that $1.5 billion -- well, I 24 think the price tag here is closer to my 25 circuit breaker of 1.2 -- and actually, I

Candyco Transcription Service, Inc. 1 think, providing meaningful property tax 2 relief. 3 I believe a circuit breaker is a 4 much fairer and progressive means of helping 5 people, because we're finally going to take 6 into account the percentage of someone's 7 income that they pay in property taxes. The 8 way we did it in the past, excluding the 9 exemption, is to actually just give someone a 10 check whether they needed that check or not. 11 Our only proviso was making sure that they 12 earned under $250,000. 13 I believe that the people who truly 14 need that check, regardless of whether or not 15 they qualify for a circuit breaker, are senior 16 citizens. So under my plan, we're going to 17 have a circuit breaker in place but there 18 won't be any double dipping. If a senior 19 citizen actually qualifies for a circuit 20 breaker, they don't get a check. If they 21 don't qualify for a circuit breaker, they get 22 the check. Everyone else has to actually fit 23 into the categories that I laid out to be 24 eligible for the circuit breaker. 25 I think that's going to be a plan

Candyco Transcription Service, Inc. 1 that's going to go a long way towards making 2 sure that we finally not only have property 3 tax relief but a fair property tax relief 4 system. 5 I just want to get back quickly to 6 the cap. As I said, the way -- 7 ACTING PRESIDENT BRESLIN: Excuse 8 me, Senator Klein. 9 Senator Flanagan, why do you rise? 10 SENATOR FLANAGAN: Mr. President, 11 would Senator Klein yield? 12 SENATOR KLEIN: I actually will 13 yield. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein will yield, Senator Flanagan. 16 SENATOR FLANAGAN: Senator Klein, 17 I'm listening very carefully. I have a couple 18 of basic questions. And I know you're coming 19 back to the property tax cap. And you made 20 comments about how school districts have to 21 live within their means. 22 And I don't doubt your sincerity or 23 your efforts in this regard, but can you 24 explain to me and to our colleagues, if it is 25 such a good idea for school districts, why did

Candyco Transcription Service, Inc. 1 you not include a spending cap at the state 2 level in this bill? 3 SENATOR KLEIN: I think the way 4 that we're going to do something about 5 property taxes right now, for the voters of 6 New York State and our constituents, is by 7 having a property tax cap. I know the 8 Governor floated a plan that if we had a 9 spending cap, we may be able to pay for 10 property tax relief next year in the form of a 11 circuit breaker. 12 I do not believe that the taxpayers 13 of New York State can wait another year. I 14 think we need property tax relief now. 15 ACTING PRESIDENT BRESLIN: 16 Senator Flanagan. 17 SENATOR FLANAGAN: Would Senator 18 Klein continue to yield. 19 ACTING PRESIDENT BRESLIN: Do you 20 continue to yield, Senator Klein? 21 SENATOR KLEIN: Yes, 22 Mr. President, I'll continue to yield. 23 SENATOR FLANAGAN: Going back to 24 the same point, so I'm gathering that you 25 don't support the spending cap at the state

Candyco Transcription Service, Inc. 1 level at all, or just for this year? 2 SENATOR KLEIN: I don't support 3 the spending cap as a means to get tax relief 4 this year. 5 SENATOR FLANAGAN: Mr. President, 6 would Senator Klein continue to yield. 7 ACTING PRESIDENT BRESLIN: 8 Senator Klein, will you continue to yield? 9 SENATOR KLEIN: Yes, 10 Mr. President. 11 ACTING PRESIDENT BRESLIN: You 12 may proceed, Senator Flanagan. 13 SENATOR FLANAGAN: I'm looking at 14 the bill and the memo -- and I appreciate your 15 indulgence. In looking at the bill and the 16 memo, I think I read correctly, you said the 17 fiscal complications are to be determined. 18 Now, you offered an assessment of 19 the amendment which we just put forward which 20 is vastly different in terms of its quantity 21 of money. You're saying it's at least 22 $4 billion, and yet this is $1.2 billion. 23 Can you explain how you get to the 24 $1.2 billion and -- it is a two-part question, 25 Mr. President -- how you pay for it? Because

Candyco Transcription Service, Inc. 1 I don't see anything in here. I think there 2 may have been some press information as to how 3 it would get paid for. 4 But, for example, on the renters 5 piece, how much of that $1.2 billion is the 6 15 percent credit for renters? Because I 7 would assume that there has been some 8 quantification of just how many units we'd be 9 talking about. So if you could, the 1.2, how 10 that comes together, and then how you pay for 11 it. 12 ACTING PRESIDENT BRESLIN: 13 Senator Klein. 14 SENATOR KLEIN: Well, first of 15 all, the first part of your question was I 16 guess the cost. The reason why the cost was 17 higher under the minority plan is because you 18 had your circuit-breaker tax credit at 19 70 percent of overage. I lowered mine to 30, 20 which substantially saved a lot of money as 21 far as the cost of the circuit breaker. 22 I'm not sure, but I also put in a 23 three-year residency requirement. I'm not 24 sure if that was in your amendment as well. 25 SENATOR FLANAGAN: That was in

Candyco Transcription Service, Inc. 1 the amendment. 2 SENATOR KLEIN: Okay. That also 3 lowered the cost substantially. 4 And in answer to your question as 5 far as renters, they would account for 6 $150 million under my circuit-breaker plan. 7 ACTING PRESIDENT BRESLIN: Senat 8 or Flanagan. And if you want me to get to the 9 rest of how we. 10 SENATOR KLEIN: And I will -- if 11 you want me to get to the rest of how we pay 12 for it, I'll -- 13 SENATOR FLANAGAN: Yes, please. 14 SENATOR KLEIN: Okay. The next 15 portion, to answer your question on how we pay 16 for it. One of the things that I think was 17 very important, one of the things that I 18 thought was very important we do this today, 19 at the start of our conference committees and 20 our budget process, is to sort of state out a 21 tax savings plan, a property tax plan for 22 New Yorkers that will be part of the budget. 23 And one of the things that we need 24 to make sure to do is to come up with 25 $1.5 billion to pay for such a plan. I don't

Candyco Transcription Service, Inc. 1 want to get into, you know, a budget 2 negotiation now, but I will mention just a 3 couple of things which I think would be able 4 to be used to pay for the circuit breaker that 5 we have before us today. 6 First is cigarette tax money. 7 There's no secret, I don't think, to anyone in 8 this chamber, I've been someone that's been 9 advocating of collecting the taxes on 10 uncollected cigarettes. I wrote the law in 11 2000 which bans the sale of cigarettes over 12 the Internet, with Senator Chuck Fuschillo as 13 the sponsor in this house. And one of the 14 things that we found is unfortunately it's not 15 being enforced. 16 Just today -- I think it was 17 actually last night -- that the United States 18 Congress passed a bill, which the Senate 19 already passed, which now would ban the 20 United States Postal Service from delivering 21 cigarettes. 22 I personally believe we can now 23 eliminate Internet sales. Which according to 24 Crain's, who did an editorial -- and I'll be 25 happy to present that to you -- last week, it

Candyco Transcription Service, Inc. 1 was rather comprehensive, and they put a price 2 tag on how much we can generate in additional 3 revenue -- and this is additional revenue, not 4 a one-shot, but year after year up to a 5 billion dollars. That's something that I 6 think we have to take very, very seriously, as 7 well as the issue of bootleg cigarettes. 8 So I think what happened in 9 Congress yesterday is going to go a long way 10 towards making sure that we finally get 11 additional revenue. And I can't think of any 12 better way to get this additional revenue than 13 to give it back to homeowners, give it back to 14 renters in the form of real relief through a 15 circuit breaker. 16 Next is yesterday, a bill that I've 17 introduced and passed the Senate last year -- 18 which was practically voted on unanimously -- 19 would expand electronic table games to racinos 20 around the state as well as the expansion of 21 hours. Our finance staff has put a price tag 22 on that as far as additional revenue. And 23 again, this is not a one-shot, it's recurring 24 revenue, anywhere from $100 million to 25 $150 million a year in additional revenue

Candyco Transcription Service, Inc. 1 earmarked specifically for education. So 2 that's another area. 3 The other area members of -- 4 SENATOR FLANAGAN: Mr. President, 5 excuse me. Senator Klein, if you would suffer 6 an interruption. 7 SENATOR KLEIN: I'm just getting 8 to my third area. 9 SENATOR FLANAGAN: You're being 10 very clear, but I think somewhat inconsistent. 11 Because you just mentioned $150 million based 12 on -- 13 ACTING PRESIDENT BRESLIN: 14 Senator Flanagan, are you asking him an 15 additional question? 16 SENATOR FLANAGAN: Yes, I am. 17 SENATOR KLEIN: I'd be happy a 18 yield, Mr. President. 19 SENATOR FLANAGAN: Clarification, 20 I would suggest. 21 You just mentioned $100 million to 22 $150 million for the bill for yesterday, and 23 you said it's going to go right to education. 24 So this is part of my concern in fleshing some 25 of these things out. Are we using all these

Candyco Transcription Service, Inc. 1 revenue sources to buy back a wide variety of 2 things? If it goes for education, it can't go 3 for this bill. 4 SENATOR KLEIN: I understand. 5 That's why I was very reluctant to get into a 6 full-blown budget debate. And that's why I 7 thought it was important to get this bill 8 passed today to sort of stake out our claim, 9 and hopefully all of our claims, to make sure 10 we have property tax relief. 11 Again, if we have additional 12 revenue for education which we didn't have a 13 year ago, that way we could figure out a way 14 to sort of do more with less and have extra 15 money for property tax relief. That's how our 16 budget works. 17 I think the most important thing 18 that we need to get across today is that we 19 want to make sure that when we actually pass a 20 budget -- on April 1st, hopefully -- we will 21 have a property tax plan in place and the 22 money to pay for it. 23 SENATOR FLANAGAN: Mr. President, 24 would Senator Klein yield for one last 25 question?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Would 2 you yield for one last question, Senator 3 Klein? 4 SENATOR KLEIN: Can I get to the 5 third piece? 6 SENATOR FLANAGAN: Absolutely. 7 SENATOR KLEIN: The third part of 8 the plan -- and again, I know members on both 9 sides of the aisle are on a task force that 10 Senator Sampson appointed me to on government 11 efficiency. And one of the things that we 12 found out very, very quickly is that the State 13 of New York is spending an awful lot of money 14 in overtime. Last year state agencies spent 15 upwards of $400 million in overtime. 16 Again, I want to make sure that 17 hardworking public employees continue to have 18 their job, they work very hard to make sure we 19 have services here in the State of New York. 20 But I think we really have to take a good hard 21 look. And I'm sure we can save a tremendous 22 amount of money by reducing overtime, cutting 23 it in half, and making sure we distinguish 24 between what I would consider mandatory 25 overtime versus discretionary overtime.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: Thank you. 2 ACTING PRESIDENT BRESLIN: He's 3 already yielded for the last question, 4 Senator. 5 SENATOR FLANAGAN: And I'm not 6 splitting hairs, but you mentioned in the 7 beginning when you first spoke that this would 8 cost $1.2 billion. Several minutes ago you 9 just used the number $1.5 billion to pay for 10 the plan. 11 So if we're going to talk about 12 numbers -- and let me parenthetically add I 13 think it's fabulous that we're having this 14 discussion. And this may be the semblance of 15 a budget debate because, frankly, absent this, 16 there's not a darn thing going on relative to 17 the budget. So your bringing this out may 18 engender some real discussion on the budget. 19 I certainly hope so. 20 But is it $1.5 billion, or is it 21 1.2? 22 SENATOR KLEIN: Under my plan, it 23 was 1.2. I guess I should have expressed 24 myself a little more clearly. What I was 25 saying is we're taking the money that was

Candyco Transcription Service, Inc. 1 previously used for the STAR rebate check and 2 applying it to a circuit breaker. And 3 according to our estimates, we came in even 4 lower than the $1.5 billion that was 5 previously spent. 6 SENATOR FLANAGAN: Thank you, 7 Senator Klein. Thank you, Mr. President. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator Flanagan. 10 Senator Saland. 11 SENATOR SALAND: Will Senator 12 Klein yield, Mr. President? 13 ACTING PRESIDENT BRESLIN: Do you 14 yield for a question from Senator Saland? 15 SENATOR KLEIN: Yes, 16 Mr. President. 17 SENATOR SALAND: Mr. President, I 18 may have more than one question, but I'll 19 obviously go through the chair. 20 ACTING PRESIDENT BRESLIN: Fine. 21 SENATOR SALAND: Senator Klein, 22 I'd like to, if I could, call your attention 23 to page 3 of your bill, beginning at line 26 24 and running down through line 36. And I 25 believe that's the language with regard to

Candyco Transcription Service, Inc. 1 which you calculate your rebate under your 2 construct. Am I correct? 3 SENATOR KLEIN: Yes. 4 SENATOR SALAND: Could you 5 explain to me what that particular paragraph 6 says? Because I can't quite comprehend how it 7 gets to where you say it gets. 8 SENATOR KLEIN: What page? I'm 9 sorry, Senator Saland, page 3 -- 10 SENATOR SALAND: Page 3, lines 26 11 through 36. Yes, thank you. 12 SENATOR KLEIN: I'm not 13 following. The enhanced STAR exemption shall 14 be determined -- 15 SENATOR SALAND: Yes. Yes. Yes. 16 SENATOR KLEIN: Basically as far 17 as the exemption program. We're not making 18 any changes to the exemption program at all. 19 ACTING PRESIDENT BRESLIN: 20 Senator Saland. 21 SENATOR SALAND: I -- if the 22 Senator would continue to yield. 23 ACTING PRESIDENT BRESLIN: Would 24 you continue to yield, Senator Klein? 25 SENATOR KLEIN: Yes.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Your bill, as I 2 understand it, provides for a 30 percent 3 enhanced STAR rebate for seniors? 4 SENATOR KLEIN: Thirty percent to 5 circuit breaker. And the enhanced rebate 6 percentage is 30 percent as well. 7 SENATOR SALAND: Thank you. 8 ACTING PRESIDENT BRESLIN: 9 Senator Saland. 10 SENATOR SALAND: Thank you, 11 Mr. President. I'm looking at this bill and 12 desperately looking for something there that 13 tells me that it's 30 percent. Because what I 14 see is "such rebate base shall be computed by 15 determining the exempt amount established for 16 the segment for purposes of enhanced STAR 17 exemption for the 2011 year. Such rebate 18 basis shall be computed by multiplying that 19 amount by the school district's tax rate 20 applicable within that segment of the year as 21 reported by the school districts and then 22 multiplying the product." 23 Well, multiplying the product by 24 what? It doesn't tell me what you're 25 multiplying it by. So I don't know how you

Candyco Transcription Service, Inc. 1 get there. 2 ACTING PRESIDENT BRESLIN: 3 Senator Klein. 4 SENATOR KLEIN: Senator Saland, 5 I'm sorry, I'm just not understanding what 6 your question is. 7 SENATOR SALAND: My question is 8 if the essence of how you get to the 30,000 -- 9 unless there's another paragraph I should be 10 looking at -- if the essence of how you get to 11 the 30,000 is contained in this paragraph, 12 there's nothing in here other than the 13 reference that I'm looking at, particularly 14 lines 33 through 36, that says you're going to 15 multiply something by the product. 16 What are you multiplying it by? 17 Are you multiplying it by a fraction? Are you 18 multiplying by 2, by 3, by 7, by a percentage? 19 I mean, how is it that we get there? 20 SENATOR KLEIN: It's my 21 understanding that we're not changing anything 22 to do with the enhanced STAR exemption. I 23 think the reason why we put it back is because 24 when the rebate check was taken out of last 25 year's budget, we had to put the language back

Candyco Transcription Service, Inc. 1 in. 2 SENATOR SALAND: I would -- 3 ACTING PRESIDENT BRESLIN: 4 Senator Saland, do you have an additional 5 question? 6 SENATOR SALAND: I do. 7 ACTING PRESIDENT BRESLIN: 8 Senator Klein? 9 SENATOR SALAND: And I would 10 merely make a comment prior to my additional 11 question, with your permission. I would 12 respectfully request that perhaps your staff 13 take a look at that section -- 14 SENATOR KLEIN: I will, Senator. 15 SENATOR SALAND: -- because there 16 seems to be something lacking. We can't get 17 to a number without going through a 18 calculation, and you don't tell us here what 19 that calculation is. 20 SENATOR KLEIN: Thank you, 21 Senator Saland. I will take a look at that. 22 SENATOR SALAND: Now, both the -- 23 ACTING PRESIDENT BRESLIN: Do you 24 continue to yield, Senator Klein, to Senator 25 Saland?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, 2 Mr. President, I continue to yield. 3 SENATOR SALAND: Thank you, 4 Mr. President. Thank you, Senator Klein. 5 Both the measure which we 6 introduced in the form of an amendment and 7 have introduced in the form of a bill and the 8 bill before us provide for a cap on the tax 9 levy. Can you tell me whether your bill also 10 provides for a cap on spending and whether or 11 not it also provides for the continuation of a 12 contingency budget? 13 SENATOR KLEIN: Just the tax 14 levy, Senator Saland. 15 SENATOR SALAND: Well, I looked 16 through your bill -- and granted, it was last 17 night and it was difficult for me to do it 18 comprehensively. But I didn't find any 19 repealer on a spending vote, and I didn't find 20 any repealer on a contingency budget vote. 21 And we all understand that the cap 22 on the tax levy is basically what's essential 23 in order to enable the -- to define the 24 confines within which a school district will 25 have to live. So I would submit to you --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: I guess, to help 2 you out, I know the tax cap is the identical 3 tax cap to the tax cap that we passed in this 4 house several years ago. 5 SENATOR SALAND: Yes, but I 6 believe -- if the Senator will continue to 7 respond -- 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein, do you continue to yield? 10 SENATOR KLEIN: Yes, 11 Mr. President, I'll continue to yield. 12 SENATOR SALAND: I believe that 13 our version clearly has a repealer for both 14 the spending vote, the vote on spending, and 15 the contingency budget, in recognition of the 16 fact that the tax levy is going to basically 17 establish what that school district and school 18 board has to deal with. 19 Senator Flanagan, in his questions, 20 if you'll continue to yield -- 21 ACTING PRESIDENT BRESLIN: Do you 22 continue to yield, Senator Klein? 23 SENATOR KLEIN: Yes, 24 Mr. President. 25 SENATOR SALAND: -- raised a

Candyco Transcription Service, Inc. 1 question with regard to renters. And you said 2 that the amount was some $150 million that you 3 were allocating to that portion. 4 Do we have an idea of, first, 5 perhaps through census data, how many renters 6 there are in New York State versus how many 7 residential homeowners there may be and what 8 percentage of those renters would be affected 9 by your legislation? 10 SENATOR KLEIN: In answer to your 11 question, I don't have the specifics, but I do 12 have some breakdowns which I'll be happy to 13 provide of district by district. 14 And it's clear, just looking and 15 reviewing the data, that districts that 16 overwhelmingly have large amounts of 17 homeowners as opposed to renters benefit much 18 more from the circuit breaker. And their 19 districts actually, you know, receive a lot 20 more money for the circuit breaker. 21 The homeowners, according to the 22 circuit breaker -- and I'll break it down -- 23 would be about $900 million, thereabouts. As 24 compared to the renters, as I said, was 25 $150 million.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Thank you, 2 Senator Klein. I certainly will endeavor on 3 my part to try and see if I can get access to 4 the information upon which your comments and 5 conclusions are based. 6 And in your -- 7 ACTING PRESIDENT BRESLIN: Do you 8 have an additional question, Senator Saland? 9 SENATOR SALAND: Yes, I would. 10 Thank you. 11 ACTING PRESIDENT BRESLIN: 12 Senator Klein, do you continue to yield? 13 SENATOR KLEIN: Yes, 14 Mr. President, I continue to yield. 15 SENATOR SALAND: In your exchange 16 with Senator Flanagan you pointed to three 17 sources, and the one that -- three sources of 18 revenue for your bill. And the one that you 19 are apparently most heavily relying upon is 20 the cigarette tax money. Am I correct? 21 SENATOR KLEIN: That happens to 22 be the largest number. 23 SENATOR SALAND: And has the 24 Governor booked in his budget any money for 25 cigarette tax collections?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: I think 2 $250 million was allocated, I believe. Which 3 I always thought was too low. 4 And in light of the United States 5 Senate and Congress passing the legislation I 6 talked about before, banning the delivery of 7 cigarettes through the United States Postal 8 Service, I think now we can increase that 9 number to a much larger number -- as I said, 10 as high as a billion dollars. 11 ACTING PRESIDENT BRESLIN: 12 Senator Saland, additional question? 13 SENATOR SALAND: Thank you, 14 Mr. President. No, if I may just go on the 15 bill, Mr. President. 16 ACTING PRESIDENT BRESLIN: 17 Certainly. Senator Saland, on the bill. 18 SENATOR SALAND: Thank you, 19 Senator Klein. 20 I don't recall the Governor booking 21 $250 million. I thought that the Governor had 22 indicated that it was going to take some time 23 to get this up and running. And I certainly 24 will be more than happy to stand corrected; I 25 simply don't recall it.

Candyco Transcription Service, Inc. 1 And the numbers which have been 2 used over the course of the past several years 3 for the cigarette tax have varied from 4 anywhere as high as the $1 billion mentioned 5 here today by Senator Klein to as little as a 6 couple of hundred or $200 million. 7 Regardless of the action by the 8 U.S. Congress, I suspect, whatever the number 9 is, it is. Whatever Indian sales are 10 occurring and occurring, as we've attempted to 11 distinguish in the past, to people who are not 12 native to whatever reservation they may be 13 being sold on or whatever Indian lands they 14 may be sold on, that is a number which I don't 15 think one way or the other is going to be 16 impacted by the Congressional action, although 17 it obviously will contribute to making 18 collection easier. 19 I would like, if I might, just to 20 make a distinction and perhaps take issue as 21 well at the same time with the financial 22 calculations offered by Senator Klein with 23 respect to the cost of the bill that was 24 introduced as our amendment to Senator Klein's 25 bill.

Candyco Transcription Service, Inc. 1 We actually placed the cost of that 2 at some $2.6 billion. And like Senator Klein, 3 we find some $200 million or more in 4 efficiencies -- I think that's the term he 5 used -- dealing with overtime. We certainly 6 recognize that were we to enact a spending 7 cap, that sometime before the conclusion of 8 this year, were we to enact one, there would 9 be additional revenues available. And 10 certainly in the outyears, there would be even 11 more revenues available. 12 The one thing that was 13 conspicuously absent in the explanation of 14 where revenues were to be derived was any 15 mention of the need to curb the ever-growing 16 and seemingly growing exponentially, 17 voraciously consuming Medicaid programs that 18 this state has. And our proposal would 19 support or be supported by any number of 20 efforts to curb some of that spending to deal 21 with some of the optional programs. 22 It was recently reported, for 23 example, that actually someone was, for 24 nonmedical necessity, taking taxicabs from a 25 place in my district to Albany at $300 a pop.

Candyco Transcription Service, Inc. 1 I mean, that's truly, truly beyond the pale. 2 And that's a small example of one of the 3 abuses of this system. 4 We would, among other things, go 5 back to some of the eligibility requirements 6 and screenings that had existed under prior 7 law until avoided or repealed during the 8 course of the past couple of years. 9 I mean, it's anticipated that over 10 the next three years Medicaid is going to grow 11 by 37 percent, some $5.3 billion more. We're 12 already paying a billion dollars a week to 13 sustain that program. And yet, you know, no 14 effort in any way, shape or form to use some 15 of those dollars to provide property tax 16 relief to the very same people who at the 17 county level are footing the bill. 18 Any county executive will tell you 19 that there's absolutely nothing that is more 20 damning, more costly, does more to damage 21 their budgets than their Medicaid expenses. 22 And, you know, there are other 23 things that could be done and we propose to do 24 that enable us to fund this $2.6 billion 25 proposal. And I certainly would hope at the

Candyco Transcription Service, Inc. 1 very least that this exchange, which I believe 2 is an honest exchange, will be heard over in 3 the other house. And that perhaps someday, if 4 I live so long, I will get to see us engage in 5 a conference committee that can hammer out 6 some differences if the Assembly in fact ever 7 takes up a similar bill. 8 Thank you, Mr. President. And 9 thank you, Senator Klein. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Saland. 12 Senator Craig Johnson. 13 SENATOR CRAIG JOHNSON: Thank you 14 very much, Mr. President. 15 First let me commend the deputy 16 majority leader, Senator Jeffrey Klein. Since 17 I began my tenure here three short years ago, 18 it seems that almost every policy debate that 19 I've had with Senator Klein, both in 20 conference and outside of the halls of the 21 Capitol, center around what we can do for 22 property tax relief, as both he and I 23 represent suburban areas in New York State and 24 both are facing the growing problem along with 25 our constituents -- a property tax problem

Candyco Transcription Service, Inc. 1 that's been here not just yesterday or last 2 week, but here for decades. Here for decades. 3 And so I want to thank you first, 4 Senator Klein, for your leadership on this 5 issue. I truly appreciate the vigorous debate 6 that you have brought to this house. And I 7 thank the Senators who have asked him some 8 very important questions. I want to thank 9 Senator Bonacic for joining us in supporting 10 and serving as a cosponsor of this 11 legislation. 12 You know, I sat and listened to 13 Senator Saland and Senator Little, Senator 14 LaValle, with their amendments. And just now 15 it would have been great maybe to have heard 16 Senator Saland, during the actual presentation 17 of the amendment, explain how they were going 18 to pay for this amendment. 19 And I tried to digest the 96 pages, 20 just getting it, to try and see if I could 21 support this amendment. And there are a lot 22 of things in here that in principle I have 23 supported and a lot of us have supported in 24 the past and will continue to support in the 25 future. And I think what's important today

Candyco Transcription Service, Inc. 1 and important about this debate is to be 2 getting those ideas out on the table to 3 support a piece of legislation, to pass a 4 piece of legislation, like Senator Saland 5 said, to make sure the other house as well as 6 the occupant on the second floor hears the 7 Senate loud and clear. 8 And so I'm hopeful that we can take 9 ideas that have come out of this Senate, along 10 with this piece of legislation that's going to 11 pass today -- and I'm hopeful it's going to 12 pass -- that we can move the bill forward and 13 go into the budget debate. Because it's an 14 important debate to have, not just today but 15 over the next week or until the deadline of 16 when the budget is due. 17 And it's important for our 18 constituents to hear about the three 19 components to this bill: the property tax 20 cap, the circuit breaker, and the check for 21 our seniors. 22 You know, when we talk about the 23 circuit breaker and the cap, Senator Klein is 24 absolutely correct, they do go hand in hand. 25 You can make the analogy they're like peanut

Candyco Transcription Service, Inc. 1 butter and jelly or peanut butter and 2 chocolate. You've got to have them both 3 together. They're great one-on-one, but they 4 work a lot better together, because it keeps 5 the spending in check. 6 And it's a great idea for our 7 constituents, especially now. Because what 8 we've seen, not just in the real estate crisis 9 but the economic crisis, is a number of our 10 constituents all across the state are 11 house-rich and cash-poor. And that's just not 12 limited to Suffolk County or to Ulster County 13 or Erie County, it's also in Queens and Staten 14 Island. They're homeowners. They're 15 homeowners too. And this bill provides real 16 relief. It provides relief to renters as 17 well. 18 So it's an important day. And we 19 have to recognize, and I think it's important 20 to recognize looking not just is that bill in 21 the micro issue but the macro issue. Look 22 across the river to the west, to New Jersey. 23 Governor Christie, the new governor of 24 New Jersey, campaigned on a promise that he 25 was going to bring back the rebate checks for

Candyco Transcription Service, Inc. 1 the residents of New Jersey that were taken 2 away. Just earlier this week, Governor 3 Christie announced, You know what, I've got an 4 economic problem, I'm putting that off for a 5 year. 6 You know what? We've got an 7 economic crisis. What Senator Klein is doing 8 is recognizing we're providing property tax 9 relief within the economic constraints that we 10 are facing. His original bill had a 11 $2 billion price tag. We had to reduce it 12 down. We've offered ways to pay for it. I've 13 heard Senator Saland's ideas. I look forward 14 to fleshing them out in conference committee. 15 One of the things -- and I wish he 16 was on the committee, on the Investigations 17 Committee, but he could have attended the 18 hearing yesterday, is we had a hearing on 19 Medicaid fraud. And Senator Golden and I 20 grilled the representative from the Office of 21 Medicaid Inspector General, because they're 22 not doing enough about recipient fraud. 23 And so the example that Senator 24 Saland talked about, the taxicab ride back and 25 forth, those are problems that have to be

Candyco Transcription Service, Inc. 1 addressed. We have to do a better job. And 2 there are other things that we can find within 3 this budget, this $130 billion budget. But 4 we're going to have to work together. 5 And so I'm hopeful that today, in a 6 bipartisan effort, we will start that process. 7 And so that at the end of the day we will have 8 property tax relief for our residents all 9 across the state. 10 Again, I thank you, Senator Klein, 11 for your leadership. Mr. President, I will be 12 voting yes on the bill. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Johnson. 15 Senator Savino, on the bill. 16 SENATOR SAVINO: Thank you, 17 Mr. President. 18 I want to thank Senator Klein for 19 his leadership and his vision on this, and 20 also my colleagues who mostly represent the 21 suburban areas that have been hardest hit by 22 property taxes. And of course Senator Sampson 23 for making this a priority. 24 You know, I learned a long time ago 25 in the labor movement that when you go into

Candyco Transcription Service, Inc. 1 negotiations, you never go in from a position 2 of weakness. You have to start out strong. 3 You have to lay your best case forward, with 4 the greatest demands, knowing that at some 5 point you're going to have to step back a 6 little bit. But always know what your bottom 7 line is. 8 We are about to go into the budget 9 process where we're drafting our budget 10 resolution, laying out the priorities for the 11 New York State Senate, both parties, the 12 entire house. And I think if we clearly and 13 strongly say, as we go into this negotiation 14 with the Assembly, that property tax relief 15 must be a component of whatever budget we 16 pass, we will achieve something for the 17 thousands of homeowners all across the state, 18 whether they be in my district -- and there's 19 about 9,000 households that would benefit from 20 this -- or Senator Lanza's district on Staten 21 Island. He represents a few more homeowners 22 than I do, but we'd bring real property tax 23 relief to Staten Island or to Queens, where 24 Senator Stavisky lives. 25 You know, I mentioned earlier today

Candyco Transcription Service, Inc. 1 that I grew up in Queens. You know, I was the 2 second-generation grandchild of immigrants. 3 And I remember watching my parents' 4 generation, who were the first generation of 5 immigrants, whose parents came from the Lower 6 East Side tenements of Manhattan to the outer 7 boroughs to live in better accommodations, but 8 still in apartment buildings. 9 And I watched my parents' 10 generation, who really wanted to move on and 11 achieve the American dream, go out like 12 pioneers to the suburbs. First they went to 13 places like Nassau and to Westchester. And 14 then they went out to Suffolk County and then 15 to Putnam and to Rockland, and finally Orange 16 County. And they went for the hope of the 17 American dream of homeownership, a patch of 18 land that they could call their own, and 19 decent schools. 20 Thirty-five years later, after the 21 great migration to the suburbs, those pioneers 22 find themselves in an American nightmare. 23 Their property taxes and their property tax 24 payments are the higher than their mortgage 25 payments in many ways. The communities that

Candyco Transcription Service, Inc. 1 they built and the schools that they built 2 around them -- and the business community, and 3 everything that was benefited by those 4 pioneers who went out into the suburbs -- are 5 jeopardized because the very people who stuck 6 a claim in the ground in Nassau, Suffolk, 7 Rockland, Westchester, Orange, and Putnam, are 8 leaving in droves because they can't afford to 9 stay there. Their children can't afford to 10 buy a home there. And if they can to afford 11 to buy the home, they can't afford to pay the 12 property taxes. 13 We have an obligation to do 14 something about that and correct it. We can 15 maintain the good schools that drove people to 16 the suburbs to begin with. We can put some 17 fiscal stability on those communities. We can 18 maintain that American dream. And we can do 19 it by staking our claim in this budget. 20 Remember, you never negotiate from a position 21 of weakness. Because when you do, you don't 22 get anything. 23 So I want to thank Senator Klein 24 and Senator Johnson and Senator Foley and 25 Senator Saland and Senator Marcellino and

Candyco Transcription Service, Inc. 1 Flanagan and all of those who represent -- and 2 Senator Libous and Senator -- I'll be here all 3 day if I start doing this. Everyone who took 4 the time to educate a girl from Queens and now 5 Staten Island about just how difficult it is 6 to maintain that dream of homeownership for so 7 many of the thousands of pioneers who built 8 these communities. 9 Thank you. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Savino. 12 Senator Stachowski, on the bill. 13 SENATOR STACHOWSKI: Yes, 14 Mr. President, briefly on the bill. 15 I just wanted to say that I agree 16 with a lot of what Diane said, that we're 17 staking out our position. I think it's very 18 important. The people in New York State want 19 property tax relief. It's been well 20 documented how the combination of taxes in 21 New York make living here difficult. 22 And so we thought that before the 23 budget conversation started this year, in 24 seriousness, that we should stake out our 25 position that property tax relief is very

Candyco Transcription Service, Inc. 1 important to this body. Nobody can put a 2 political tag on property tax relief; it's 3 important to everybody. 4 And that this combination as put 5 forth in this bill is reasonable considering 6 our fiscal situation. Obviously, we'd like to 7 make it bigger. But with today's economy, 8 this is a reasonable start to head down the 9 road of property tax relief to our people. A 10 circuit breaker works very well for people 11 because it limits your taxes to a certain 12 portion of your income. Very much needed for 13 a lot of people. 14 And for those seniors who would not 15 qualify for this, getting that check is just 16 as important to them as the property tax 17 relief for the others. 18 So we think that this combination 19 as laid out in this bill is a good combination 20 now, it's affordable, it can fit in this 21 year's budget plan, it's out there. We want 22 to stake the Senate's position on that. And I 23 want to congratulate Senator Klein for all the 24 work he did in the back over the course of the 25 last two years in putting this together.

Candyco Transcription Service, Inc. 1 Obviously, other people have worked on this 2 long. We'd like to thank them for their help. 3 But something had to move now, and 4 it had to be a part of this conversation. And 5 hopefully we can convince the people in the 6 other house and the people downstairs that 7 this is an important situation, it's 8 meaningful to everybody that lives in 9 New York, it's something that should move 10 forward now. 11 And I'm glad to be a cosponsor of 12 this bill and someone helping to move this 13 forward. 14 Thank you, Mr. President. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Stachowski. 17 Senator Foley, on the bill. 18 SENATOR FOLEY: Thank you, 19 Mr. President. Thank you for the opportunity 20 to speak on what clearly is one of the 21 signature issues facing the state and 22 something that's very important to this 23 conference and we hope to the Senate at large. 24 You know, a year and a half ago 25 when I first ran for office for this

Candyco Transcription Service, Inc. 1 particular position, this issue captured the 2 attention of more voters than any other issue 3 that we spoke about. And I can vividly recall 4 when I was walking particularly in the 5 Trihamlet community of Shirley, Mastic Beach 6 and Mastic, working-class, middle-class areas 7 that love their communities, where we had both 8 young families as well as seniors who wished 9 to stay in the communities that in some cases 10 they were there for generations. 11 Mr. President, this particular 12 piece of legislation will enable families to 13 stay in the communities that they've been part 14 of in some cases for four generations. I had 15 one particular example of a retiree whose 16 family still lived in that greater community 17 who would receive over a $2500 property tax 18 break with this kind of legislation. The joy 19 on that particular's person's face when we 20 spoke about this is something that I'll always 21 remember. And I made a mental note at that 22 time to bring it up to the floor when in fact 23 we would debate this bill. 24 Coming from local government, 25 Mr. President, and the kind of legislature,

Candyco Transcription Service, Inc. 1 and also as a supervisor of the Town of 2 Brookhaven, I can tell you how property taxes 3 is among the most regressive and crushing 4 taxes that our localities pay. That's why 5 it's very important that we put forward this 6 legislation today. 7 And I want to commend Senator 8 Klein, who has worked on this over a period of 9 years. And I would say, for the record, 10 respectfully but directly that Senator Klein's 11 efforts on this behalf should have been 12 listened to years back when this state was in 13 a wash of billions of dollars of surplus 14 funds. 15 But you know what? Even though 16 we're not in surplus right now -- yes, we have 17 a deficit, but it still remains important that 18 we put this legislation forward today. And 19 it's very timely as we go into budget 20 negotiations. Because what we're saying, as I 21 like to say, from Niagara Falls to Montauk 22 Point is that we get it, we understand that 23 property taxes is at the top of our public 24 policy agenda, and that we're going to bring 25 real change in that area here in the state

Candyco Transcription Service, Inc. 1 government, and in so doing bring a little bit 2 more confidence to the public that we in the 3 State Legislature are listening. 4 So I strongly support the bill. 5 I'm also a cosponsor of it. And I think that 6 it speaks volumes about where we are, that 7 we're listening to the public and we want to 8 bring real property tax relief. 9 Thank you, Mr. President. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Foley. 12 Senator Aubertine, on the bill. 13 SENATOR AUBERTINE: Thank you, 14 Mr. President. Thank you for allowing me to 15 speak on the bill. 16 I certainly want to commend Senator 17 Klein for staying the course with this 18 legislation. It's certainly sorely needed. 19 And I would certainly hope that it has 20 bipartisan support at the end of the day to 21 pass. 22 But one of the provisions that 23 Senator Klein has included essentially takes 24 the essence of a bill that I had before the 25 Senate last year, and currently, 4451, which

Candyco Transcription Service, Inc. 1 would allow farmers here in New York State to 2 do something they've not been able to do up 3 till now, and that is to take their 4 depreciation schedules and not use that, in 5 fact, during their incomes. That would allow 6 them to participate in this program. 7 So for that and all the work that 8 Senator Klein has done, I certainly want to 9 commending him for bringing this bill forward, 10 and I certainly intend to support it. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Aubertine. 13 Senator Valesky, on the bill. 14 SENATOR VALESKY: Thank you, 15 Mr. President. 16 I too want to thank my colleague 17 Senator Klein for his efforts in bringing this 18 bill to the floor. I know he spent many hours 19 shaping and crafting a proposal that can bring 20 real property tax relief to our constituents. 21 And I'm sure that my colleagues 22 would agree that as we consider various pieces 23 of legislation, we look at and see how they 24 are beneficial to our specific Senate 25 district. And the information that has been

Candyco Transcription Service, Inc. 1 made available as a result of this bill and 2 through passage of this bill, and hopefully 3 favorable consideration in the Assembly after 4 this Senate approval, is that in my Senate 5 district alone, over 15,000 households, under 6 the circuit-breaker component of this 7 legislation, over 15,000 households receiving 8 real property tax relief. Average income tax 9 credit of over $716 per household. Renters in 10 the 49th Senate district receiving an 11 additional about almost $5,000, in total, of 12 property tax relief. 13 And certainly the enhanced senior 14 STAR rebate check component of this 15 legislation in the counties in central 16 New York -- Cayuga, Cortland, Madison, 17 Onondaga and Oswego -- almost 43,000 seniors 18 would be receiving an enhanced senior STAR 19 rebate check, with an average somewhere around 20 a $1000 each. 21 Mr. President, that is real, real 22 property tax relief. I'll be supporting this 23 bill today and certainly encourage my 24 colleagues on both sides of the aisle to do 25 the same.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Valesky. 4 Senator Diaz, on the bill. 5 SENATOR DIAZ: Thank you, 6 Mr. President. 7 Mr. President, would the sponsor 8 yield for a question or two? 9 ACTING PRESIDENT BRESLIN: 10 Senator Klein, will you yield for a question 11 from Senator Diaz? 12 SENATOR KLEIN: Yes, 13 Mr. President, I'll be happy to yield. 14 ACTING PRESIDENT BRESLIN: 15 Senator Diaz, the sponsor will yield. 16 SENATOR DIAZ: Senator Klein, as 17 you know, I represent the 32nd Senatorial 18 District. But I'm also the chairman of the 19 New York State Senate Aging Committee. So I 20 have two questions. 21 Before, let me talk about my 22 district, the people that I represent. I have 23 20,882 households in my district. You are 24 telling me, you are telling me, Senator Klein, 25 that when we vote for this piece of

Candyco Transcription Service, Inc. 1 legislation, we vote yes and it goes to the 2 Assembly and the Assembly approves it and the 3 Governor signs it into law, you're telling me 4 that 3,920 households in my district will be 5 able to get at least $475 each? 6 SENATOR KLEIN: That's only 7 homeowners who would qualify for the circuit 8 breaker. That's correct. 9 SENATOR DIAZ: I mean, let me ask 10 you this I don't know if I hear you okay, 11 right. So 3,920 households in my district 12 will be able to get about $475 each? 13 SENATOR KLEIN: That's correct, 14 under the circuit-breaker provisions of the 15 bill. 16 SENATOR DIAZ: Under this bill? 17 SENATOR KLEIN: Under this piece 18 of legislation. 19 SENATOR DIAZ: And you're telling 20 me that under the circuit breaker, the people 21 in my district will be getting about 22 $6 million? 23 SENATOR KLEIN: Six and a half 24 million, in total, of levels of property 25 taxes.

Candyco Transcription Service, Inc. 1 SENATOR DIAZ: So the renters in 2 Parkchester, in my district, will be able to 3 benefit from this? 4 SENATOR KLEIN: Well, I think 5 Parkchester is a condominium. And yes, 6 condominiums would qualify for the circuit 7 breaker. And I guess the ones who pay rent as 8 well. 9 ACTING PRESIDENT BRESLIN: Would 10 you like to ask an additional question, 11 Senator Diaz? 12 SENATOR DIAZ: Yes, 13 Mr. President. 14 ACTING PRESIDENT BRESLIN: Would 15 you yield, Senator Klein? 16 SENATOR KLEIN: Mr. President, 17 I'd be happy to yield. 18 ACTING PRESIDENT BRESLIN: You 19 may proceed, Senator Diaz. 20 SENATOR DIAZ: And the people 21 that rent in public housing, would they be 22 able to benefit too? 23 SENATOR KLEIN: Senator, it 24 depends on the proportion of their income that 25 they spend in rent. So I would --

Candyco Transcription Service, Inc. 1 SENATOR DIAZ: Well, let me -- 2 ACTING PRESIDENT BRESLIN: Do you 3 have an additional question? 4 SENATOR DIAZ: Mr. President, 5 would the sponsor continue to yield? 6 ACTING PRESIDENT BRESLIN: Do you 7 continue to yield, Senator Klein? 8 SENATOR KLEIN: Yes. 9 ACTING PRESIDENT BRESLIN: You 10 may proceed. 11 SENATOR DIAZ: Senator Klein, I 12 am also the chairman of the Aging Committee, 13 supposed to serve the whole state, not only my 14 district. You're telling me that under this 15 piece of legislation, senior citizens 16 throughout the state, senior citizens will be 17 able to benefit from this piece of 18 legislation? 19 SENATOR KLEIN: Yes, Senator. 20 Because under the legislation, the STAR rebate 21 check would go to senior citizens at previous 22 levels who don't qualify for the circuit 23 breaker. And this legislation also restores 24 the New York City PIT credit for seniors in 25 New York City. So yes.

Candyco Transcription Service, Inc. 1 SENATOR DIAZ: Mr. President, 2 would the sponsor continue to yield? 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein, will you continue to yield to 5 Senator Diaz? 6 SENATOR KLEIN: Mr. President, 7 I'll continue to yield. 8 ACTING PRESIDENT BRESLIN: You 9 may proceed, Senator Diaz. 10 SENATOR DIAZ: I have a piece of 11 information in my hands that says, Senator 12 Klein, that every county that's upstate, 13 that's somewhere upstate -- this is not in the 14 South Bronx, every county is upstate -- 15 they're telling me here that the senior 16 citizens in every county, New York seniors 17 with $40,000 in income and $5,000 in property 18 taxes will benefit from this? 19 SENATOR KLEIN: Yes, Senator. 20 Actually, an Erie County senior with $40,000 21 income who pays $5,000 in property taxes of 22 course will continue to receive the enhanced 23 STAR exemption. The net result for that 24 individual, who would qualify for the circuit 25 breaker, would be $1,299 more in tax relief

Candyco Transcription Service, Inc. 1 than they got in 2009, and even $386 more than 2 they got in 2008 before the check was 3 eliminated. 4 ACTING PRESIDENT BRESLIN: 5 Senator Diaz. 6 SENATOR DIAZ: Mr. President, 7 will the sponsor -- 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein, will you continue to yield to 10 Senator Diaz? 11 SENATOR KLEIN: Mr. President, 12 I'd be happy to continue to yield. 13 ACTING PRESIDENT BRESLIN: You 14 may proceed, Senator Diaz. 15 SENATOR DIAZ: I have, in the 16 same piece of legislation, I have three other 17 countries, like Oswego County, Westchester 18 County senior citizens, and Suffolk County. 19 In Oswego County, seniors with family with 20 $60,000 income and $6,000 in property tax will 21 benefit. In Westchester County, senior 22 citizens with $120,000 per year and $12,000 in 23 property taxes will benefit. And that the 24 Suffolk County family with $150,000 in income 25 and $50,000 in property tax would benefit from

Candyco Transcription Service, Inc. 1 this. 2 So you're telling me that as the 3 chairman of the Aging Committee, I could tell 4 all the senior citizens in the state that this 5 Senate, Republican and Democrats, under this 6 the piece of legislation that Senator Klein is 7 sponsoring, we are working very hard for them? 8 SENATOR KLEIN: Yeah, actually 9 you can say that, Senator. Because under the 10 various categories and the various counties 11 within our state -- Oswego, Westchester, 12 Suffolk -- not only do seniors benefit, but 13 they benefit more than they did in the past as 14 far as just having the rebate check. A 15 circuit breaker provides more property tax 16 relief, especially for a senior, than just 17 having a rebate check. So -- 18 SENATOR DIAZ: Mr. President -- 19 SENATOR KLEIN: -- your 20 assumption is correct. 21 SENATOR DIAZ: -- just two more 22 questions. 23 ACTING PRESIDENT BRESLIN: 24 Senator Klein, would you yield for two 25 additional questions?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, 2 Mr. President, I'll continue to yield. 3 SENATOR DIAZ: The first question 4 is this. Would I be able to say, Senator 5 Klein, that anyone that votes against this is 6 voting against senior citizens? 7 SENATOR KLEIN: Well, I will say, 8 Senator, in answer to your question that 9 certainly this is a piece of legislation that 10 helps senior citizens. Because even if a 11 senior citizen, under this legislation, does 12 not qualify for a circuit breaker, they still 13 get their rebate check back. And if they live 14 in New York City and if they qualify for a 15 circuit breaker, that's great. But if they 16 don't, they still get the New York City PIT 17 credit under -- 18 SENATOR DIAZ: Last question, 19 Mr. President and Senator Klein, is this. 20 ACTING PRESIDENT BRESLIN: 21 Senator Klein has indicated he will yield. 22 SENATOR KLEIN: Yes, 23 Mr. President, I'll be happy to yield. 24 SENATOR DIAZ: My question is 25 this. After all this information, after all

Candyco Transcription Service, Inc. 1 this help that we're giving to senior citizens 2 and to people that pay property taxes and 3 we're trying to do something for them, why are 4 we continue talking and we don't vote for it? 5 SENATOR KLEIN: I can't answer 6 that question. But I know I continue to 7 answer your questions, Senator. 8 SENATOR DIAZ: Senator Klein, 9 this is a bill that I am very proud of and 10 honored to support it. I congratulate you and 11 your staff and the members of the Senate that 12 have put this together with you. This is 13 something that really, really, really does 14 something for senior citizens in the state. 15 As the chairman of the Aging 16 Committee, I'm so proud, I'm honored to 17 support this legislation. 18 SENATOR KLEIN: Thank you very 19 much, Senator. 20 SENATOR DIAZ: And I ask everyone 21 else that we should do something for senior 22 citizens and to please talk no more and let's 23 vote for it. Thank you. 24 SENATOR KLEIN: Thank you. 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator Diaz. 2 Senator Bonacic, on the bill. 3 SENATOR BONACIC: Thank you, 4 Mr. President. 5 I want to thank Senator Klein for 6 bringing this bill forward. Property tax 7 reform is something that has been a top 8 priority with me for the last six years. The 9 people in the mid-Hudson and the Catskill 10 region, many of them have their houses 11 underwater because the mortgages and the 12 property taxes are just eating them up. 13 And what I like about this 14 particular bill is that it's not just a STAR 15 rebate check, it has a cost-containment 16 provision. We've seen how doing just STAR 17 rebate checks, what happened. In good times, 18 we gave more money at the state level for 19 STAR, school budgets went through the roof, 20 there wasn't cost containment, and it wasn't 21 successful. 22 And it wasn't successful -- and I 23 want to share with you just an experience 24 yesterday. In the Minisink Valley School 25 District, where I live, they laid off 24

Candyco Transcription Service, Inc. 1 employees, immediately. And then they're now 2 looking at laying off teachers at the end of 3 June. After all the money we have given them, 4 the State Legislature, over the last six years 5 with the STAR rebate check. 6 So it's not a matter of just 7 throwing money. We have to find a way of 8 controlling costs and enhancing the 9 educational opportunities. 10 The last point that I want to make, 11 it started in 1993 with Senator Cook that 12 wanted a property tax rebate. In 2006, 2007, 13 and 2008, Senator Saland and I and this 14 conference -- and you -- supported legislation 15 that would eliminate school property taxes for 16 primary residences. And that was a collective 17 effort of the Senate. 18 Senator Krueger has now been an 19 advocate for property tax reform and is 20 working in the aspect of the tax-exempts, 21 where there's a shifting of cost, and trying 22 to eliminate those abuses. And I join her in 23 that effort, and I hope that she comes forward 24 shortly with comprehensive legislation in 25 eliminating the abuses of tax-exempts.

Candyco Transcription Service, Inc. 1 Last but not least, we have to be 2 united on this issue as the budget talks 3 start. In '93, the Assembly did nothing. In 4 2006, the Assembly did nothing. In 2007, the 5 Assembly did nothing. In 2008, the Assembly 6 did nothing. They cannot continue to sit on 7 their hands when people are losing their homes 8 because of escalating property taxes. 9 Homeowners should not have to choose between 10 whether I can stay in my home or whether my 11 children can have a quality education. 12 So I look forward to conference 13 committees next week, and the budget process. 14 We should be one voice in this Senate to get 15 it done this year, together. 16 Thank you, Mr. President. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Bonacic. 19 Senator Adams. 20 SENATOR ADAMS: Thank you, 21 Mr. President. 22 And I'm happy I follow Senator 23 Bonacic, because he has been consistent on 24 this issue. As well as I want to commend 25 Senator Klein.

Candyco Transcription Service, Inc. 1 You know, I think that all great 2 legislation that passed through this house, 3 many people outside the chamber are not aware 4 that it's not year one, it's just year after 5 year after year an individual is consistent 6 with the same tone and the same message. And 7 he's probably not only singing to the choir 8 when he talks about property tax relief, but 9 many of us probably wrote that song as well. 10 So Senator Klein really needs to be 11 commended that during these challenging 12 economic times that we're talking about 13 something that impacts New Yorkers. 14 And I believe there are three 15 sections of our society that we must come to 16 the rescue for. The first, of course, are our 17 children. The second are those who have 18 either physical or emotional special needs. 19 And the last are our seniors. And we are all 20 in a position where we should be willing to 21 give more to make sure those three sections of 22 our society that needs the greatest amount of 23 assistance get that assistance. 24 We all were children one day, and 25 we all, if God permits, are going to be

Candyco Transcription Service, Inc. 1 elders. So those are groups of people that we 2 are supposed to give them theirs off the top. 3 And we need to find ways, as Senator Klein 4 stated, we need to find ways to make sure that 5 this is a reality. 6 And it also resonates another tone. 7 the beauty of this chamber is the diversity of 8 this chamber. And those outside this chamber 9 will criticize the fact that we debate, will 10 criticize the fact that we argue. But that's 11 what we're supposed to do. We're changing 12 laws that impact the lives of people. We're 13 not supposed to walk in here and all be on one 14 accord, because the state is not on one 15 accord. What is needed in one part of the 16 state may be different in another part of the 17 state. 18 But we should always give each 19 other the opportunity to debate, bring to the 20 forefront those issues that each neighbor is 21 talking about. And no matter where you go in 22 this state, the question of property tax 23 relief is a real issue. And we are in a 24 win/win scenario because when we relieve the 25 property tax issue and the rebate for our

Candyco Transcription Service, Inc. 1 seniors, we're covering the areas that we 2 believe are important. 3 So one can articulate where you're 4 going to find the money, but darn it, we 5 better find the money, because it's a tone 6 that's resonating throughout this state. So 7 yes, we're the choir and we're singing that 8 song, but we've got to have that song and the 9 chorus of that song sung on the second floor 10 and across in the other house. We must give 11 property tax relief. That's what's being 12 called for. And if we have to cut in other 13 areas to obtain that, then let's cut in other 14 areas to obtain that. Because that is the 15 message that the people of the state has been 16 stating. 17 And if we can't sing the same song 18 of the people who sent us here, then we're in 19 the wrong choir. This choir is saying 20 property tax relief. And I commend Senator 21 Bonacic and Senator Klein for being consistent 22 with that message. 23 And if both sides of the aisle, if 24 we put aside our philosophical differences, if 25 we put aside our differences based on

Candyco Transcription Service, Inc. 1 geographical boundaries, if we put aside on 2 what side of the aisle or what name is on the 3 back of the chair or what role we are at the 4 polling place, if we put all that to the side 5 and leave here with one statement to the 6 second floor and across in the other house, 7 property tax relief, then everyone must get on 8 board. 9 Because we're not the lower house, 10 we're the upper house. And we need to set the 11 tone for those people in our communities and 12 neighborhoods from Bethpage to Brownsville 13 that are stating, We need the rebate and we 14 need property tax relief. 15 I support this bill, and I thank 16 you, Senator Klein, for bringing it. Thank 17 you, Mr. President. 18 ACTING PRESIDENT BRESLIN: Thank 19 you, Senator Adams. 20 Senator LaValle, on the bill. 21 SENATOR LaVALLE: Thank you, 22 Mr. President. 23 Will Senator Klein yield for one 24 question? 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Klein, will you yield for a question 2 from Senator LaValle? 3 SENATOR KLEIN: Yes, 4 Mr. President, I'd be happy to yield. 5 ACTING PRESIDENT BRESLIN: You 6 may proceed, Senator LaValle. 7 SENATOR LaVALLE: Thank you, 8 Mr. President. 9 Senator Klein, could you tell me 10 how much the renters provision costs in the 11 bill? Have you been able to cost that out? 12 SENATOR KLEIN: Yeah, it's 13 $150 million. 14 SENATOR LaVALLE: Statewide? 15 SENATOR KLEIN: Yes. 16 SENATOR LaVALLE: Okay. Thank 17 you. 18 On the bill, Mr. President. 19 ACTING PRESIDENT BRESLIN: 20 Senator LaValle, on the bill. 21 SENATOR LaVALLE: Certainly any 22 effort that we make to reduce real property 23 taxes on the people that we represent is a 24 good thing. But this problem is so acute, I 25 think in each of our districts people are

Candyco Transcription Service, Inc. 1 calling out for help. The pain that they feel 2 is enormous. This bill really doesn't go far 3 enough. 4 Our young people, you know, we've 5 talked, I've talked about those seniors who 6 are 70 or older. There are a lot of young 7 people. That's why the STAR rebate program 8 covers all households regardless of age. 9 Senator Klein's bill limits that. If we look 10 at the circuit breaker, income of $50,000 and 11 you have taxes of $3500, you get no help. At 12 $75,000 in income, your taxes $5,250, you get 13 no help. If your income is $100,000 and your 14 taxes are $7,000, you get no help. 15 And I want to tell you, there are a 16 lot of people in various parts of the state at 17 that $100,000 who are paying $7,000 in taxes 18 and won't get any help. And $120,000, with 19 taxes $8400, no help; $175,000, with $12,800 20 in taxes, you get no help. 21 So we have young people not getting 22 help. We've got people in these income 23 categories in various parts of the state who 24 will get, really, no help. And that's why the 25 choice set up of the rebate, the circuit

Candyco Transcription Service, Inc. 1 breaker, and the freeze or the cap for those 2 over 70, that kind of synergy works from one 3 end of the state to the other. 4 Thank you, Mr. President. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator LaValle. 7 Senator Larkin. 8 SENATOR LARKIN: Thank you, 9 Mr. President. On the bill. 10 ACTING PRESIDENT BRESLIN: On the 11 bill. 12 SENATOR LARKIN: We've heard a 13 lot of talk here today. Some of you are not 14 as old as LaValle or Volker or Georgie Winner 15 over here. But in 1980 there was a bill put 16 together by Senator Cook and Assemblyman Bill 17 Larkin, and we went around the state with it. 18 Here we are, 2010, and we're still talking 19 about. 20 Now, I heard Senator Klein say we 21 can't talk about the money. But let's talk 22 about the money. You have to. We're saying 23 we're going to wait for a budget? I think 24 that we have to make sure what we're talking 25 about. I mean, this is a very important bill

Candyco Transcription Service, Inc. 1 today. Look at all the empty chairs. Look at 2 all the empty chairs. 3 Some of you might remember a couple 4 of weeks ago, in Washington, Congressman 5 Kennedy nearly went wild -- maybe he lost his 6 pills -- but he screamed that nobody was 7 paying attention. 8 This is serious. Where is the 9 money? I don't hear anybody say it. I hear 10 them saying, Oh, we're going to do this. 11 Let's look at it: $129 million for the 12 license plates. That's a dead issue. The 13 Speaker said this morning the soda tax is 14 gone. That's $450 million. And wine in the 15 grocery stores, that's another. Now you're 16 talking a billion dollars. 17 And we don't know where this is 18 going. We're saying we'll do it when the 19 budget comes. I don't know whether you're 20 paying attention to some of your people at 21 home, but they're saying "Where is the money?" 22 And, you know, the thing that 23 amazes me from that side of the aisle is when 24 they say We're going to do something about the 25 STAR. I saw letters come out: Join me with a

Candyco Transcription Service, Inc. 1 letter to the Governor, change it before he 2 does his 21 days. Now I see it here. You 3 would have never been here talking about it 4 today if one year ago one person from that 5 side of the aisle said "Hold it." Because, 6 you know, somebody may be taking your picture 7 and say "This was you last year when you were 8 smiling. This is you this year when you're 9 crying." 10 There is a great opportunity, but 11 somebody better start saying where the money 12 is coming from. 13 Most people are going to vote for 14 this because conceptually it's a good item. 15 But where were you last year? You weren't 16 here. Why? Because it wasn't popular. I got 17 news for you. It's been popular for the 18 30 years I've been here. The will to do it 19 just wasn't there. But when somebody gets up 20 here and says "Support my bill" and I say 21 "Where's the money?" -- "Oh, by the time we 22 get to the budget." 23 We don't have a sponsor in the 24 other house. I checked with it; there is no 25 sponsor from the Assembly. I don't see any

Candyco Transcription Service, Inc. 1 letters. The only one I see is from NYSUT. 2 They don't support you. So I think we're -- 3 ACTING PRESIDENT BRESLIN: Excuse 4 me, Senator Larkin. 5 Why do you rise, Senator Craig 6 Johnson? 7 SENATOR CRAIG JOHNSON: Will 8 Senator Larkin yield for a question, please? 9 SENATOR LARKIN: Yes, I would. 10 SENATOR CRAIG JOHNSON: Thank you 11 so much. 12 Senator Larkin, I appreciate your 13 comments that you're saying. But are you 14 aware that Assemblyman Englebright in the 15 Assembly has the same-as legislation for 16 Senator Klein? 17 SENATOR LARKIN: Pardon me, I 18 couldn't hear you. My ears are not working. 19 SENATOR CRAIG JOHNSON: I 20 apologize, Senator Larkin. Are you aware that 21 Steve Englebright, an Assemblyman from Suffolk 22 County, is the Assembly sponsor for the 23 same-as legislation -- 24 SENATOR LARKIN: I didn't see it 25 yesterday when I was trying to find it. So I

Candyco Transcription Service, Inc. 1 accept that, and I apologize to Senator Klein. 2 SENATOR CRAIG JOHNSON: Just for 3 purpose of clarification. Thank you very 4 much, Senator Larkin. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Johnson. 7 You may proceed, Senator Larkin. 8 SENATOR LARKIN: I'm glad, but I 9 haven't seen anything, as I said. 10 But the point of the matter is if 11 we got a bill, it's sponsored in both houses, 12 why are we afraid to come up and say this is 13 the money for this, and this is it? The 14 reason we don't is we don't have an agreement. 15 And, you know, we're talking to the choir and 16 trying to tell them that we're doing something 17 for them. 18 Now, last but not least, when 19 somebody tells me it's only $150 million for 20 the renters, I think somebody better be part 21 of the Census. Because I'll bet you it's 22 going to be closer to $250 million, not 23 $150 million. 24 So good bill. I'd like to see the 25 check that's going to pay for it.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Larkin. 3 The debate is closed. 4 The Secretary will ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 12. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Senator Liz Krueger, to explain her vote. 13 SENATOR LIZ KRUEGER: Thank you 14 very much. 15 I have some concerns, as I've heard 16 my colleagues say, about making sure that this 17 bill moves into budget negotiations. And 18 that's where we're going to go next. 19 So while there can be a million 20 different issues raised -- and with respect to 21 my colleagues on the other side of the aisle's 22 hostiles, they would have doubled the cost. 23 And realistically, we all know we're in a very 24 difficult budget year where we are trying 25 desperately to get a budget done on time,

Candyco Transcription Service, Inc. 1 knowing we're going to make difficult cuts. 2 But I am pleased to be able to 3 stand with my colleagues and vote for this 4 bill today, because I do know that a priority 5 of the Senate Democrats is to make sure that 6 we address property tax relief concerns this 7 year. 8 I vote aye. Thank you. 9 ACTING PRESIDENT BRESLIN: 10 Senator Krueger will be recorded in the 11 affirmative. 12 Senator Robach, to explain his 13 vote. 14 SENATOR ROBACH: Yes, 15 Mr. President, very quickly. 16 I would just rise to support this, 17 but I would associate my comments very much 18 with Senator Bonacic. 19 One thing Senator Klein said that 20 was on point, people are angry. People in my 21 district are beyond angry, they're screaming. 22 And part of what they're screaming about is 23 what was done in last year's budget where part 24 of the STAR check was taken away, on 25 party-line vote, by my colleagues on the

Candyco Transcription Service, Inc. 1 Democratic side of the aisle. So I'm glad 2 we're moving in a different direction. 3 Now I'm going to make no bones 4 about it. I'm frustrated too. I like the 5 amendments we did. I like the Republican 6 plan. And I think if people voted on their 7 own volition, they would have voted for those 8 too. Because it doesn't cost more, it gives 9 more relief, and that's what people are 10 screaming for. 11 And then lastly I'll say while I'm 12 happy that we're moving in this direction -- 13 and I'll applaud Senator Klein as well that 14 we're doing this bill today -- before anybody 15 breaks their arm patting themselves on the 16 back, we're all going to have to use a little 17 political capital to get this done in the 18 other house. Which is exactly what John 19 Bonacic said. It has languished for years 20 with no attention to the public, whether it's 21 downstate New York, suburban Long Island, or 22 certainly not in upstate New York. And this 23 is serious stuff. 24 The work isn't done because we've 25 had a press conference. We've really got to

Candyco Transcription Service, Inc. 1 get this done. And whether it's stand-alone 2 or part of the budget, quite frankly, the 3 people I represent don't care, they want a 4 result. So I'll vote for this to move towards 5 that result. But make no mistake, our work is 6 far, far from done. 7 ACTING PRESIDENT BRESLIN: 8 Senator Robach will be recorded in the 9 affirmative. 10 Senator Oppenheimer, to explain her 11 vote. 12 SENATOR OPPENHEIMER: Thank you. 13 I'll be voting yes because there's 14 much in this bill that I do like very, very 15 much, particularly my Senate district, which 16 certainly is exceedingly overburdened. We 17 have the highest property taxes, in 18 Westchester County, of any place in the 19 United States. So obviously I am very 20 supportive of that part of the bill. 21 The part of the bill that I have 22 difficulty with -- even though I am supporting 23 the bill, because generally I do think the 24 bill is good. But I believe that individual 25 school districts should have the authority and

Candyco Transcription Service, Inc. 1 ability to decide their own fate. 2 And to think that citizens are not 3 aware of their budgets is foolhardy, because I 4 can assure you the citizens in the district 5 that I represent scrutinize their school 6 budget budgets. And, you know, as we all 7 know, this is the only place where voters can 8 take out their frustrations. And it is on the 9 school budget that they take their 10 frustrations out on. 11 But one would think that if this 12 cap was such a good thing that we ought to be 13 able to cap those other budgets, like 14 municipal and county. We should be able to 15 cap them too, because in a way we can't even 16 vote on those budgets. So a lot of 17 frustration is taken out on the only area 18 where it is possible to vote. 19 I'd also like to say that just 20 judging from what I hear in my Senate 21 district, there is absolutely no school budget 22 that seems to be above 2, maybe 2 1/2 percent. 23 Because we all recognize that there is a great 24 deal of frustration and anger with the 25 property tax, and that therefore we have to

Candyco Transcription Service, Inc. 1 restrain it even though it does mean in many 2 cases enormous layoffs of teachers. Which 3 means it will be difficult to maintain the 4 excellent education programs that we have just 5 finally put in place in the last few years. 6 So I'll be voting yes, but I must 7 say I have always been and will always be 8 against caps. 9 ACTING PRESIDENT BRESLIN: 10 Senator Oppenheimer will be recorded in the 11 affirmative. 12 Senator Fuschillo, to explain his 13 vote. 14 SENATOR FUSCHILLO: Thank you 15 very much, Mr. President. Just quickly; this 16 has been a long discussion. 17 I agree with Senator Robach that 18 last year direction's in the state budget by 19 reducing STAR and taking away the rebate and 20 increasing taxes and fees sent the state in 21 the wrong direction. But this is a start in 22 the right direction. And I want to compliment 23 Senator Klein for his efforts, because he did 24 truly reach out, I know to myself -- I met 25 with him, we had numerous phone calls on this

Candyco Transcription Service, Inc. 1 issue -- and also my colleagues. 2 There isn't a day that goes by that 3 I don't hear from constituents in my district 4 that they're choking to death on property 5 taxes. And if we don't do something that's 6 real and meaningful, then we fail the people 7 of the State of New York. This is a step in 8 the right direction. Shame on the Assembly if 9 they don't do anything. I proudly support 10 this bill. 11 ACTING PRESIDENT BRESLIN: 12 Senator Fuschillo will be recorded in the 13 affirmative. 14 Senator Marcellino, to explain his 15 vote. 16 SENATOR MARCELLINO: Thank you, 17 Mr. President. I appreciate you recognizing 18 me to explain my vote. 19 I intend to support this bill, and 20 I congratulate Senator Klein for his efforts 21 in bringing this bill forward. He's got many 22 good things in the bill. There are some 23 things I would have added, like the two 24 amendments I thought would have enhanced the 25 bill, made it even better and even stronger.

Candyco Transcription Service, Inc. 1 However, a good first step. Let's 2 continue the process. I agree with my 3 colleagues who have just said we need results. 4 Talk is cheap. Taxes are high. And my 5 constituents want tax relief, property tax 6 relief. 7 And I agree with what Senator 8 Fuschillo just said. Shame on the other house 9 if they don't do something like this. If they 10 don't bring this bill forward, if they don't 11 carry this bill forward and give us real 12 property tax relief in this state, then we 13 will have a real problem here. And I think we 14 have to address that. 15 This bill is a first step. I think 16 we have to do more. However, I'll take it. 17 I'm going to support it. And I'm more than 18 willing to work with anyone -- Senator Klein, 19 anybody -- if we can get to the other house 20 and get them to pass this legislation and make 21 this property tax relief for real for a 22 change. Not just talk, a real bill. 23 Thank you, Mr. President. I vote 24 aye. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Marcellino will be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 257, recorded in the negative: 6 Senator Perkins. 7 Absent from voting pursuant to 8 Rule 9, Senator Hassell-Thompson. 9 Ayes, 58. Nays, 1. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, is 14 there any further business at the desk? 15 ACTING PRESIDENT BRESLIN: 16 Senator Klein, the desk is clear. 17 SENATOR KLEIN: There being no 18 further business, Mr. President, I move that 19 we adjourn until Monday, March 22nd, at 20 3:00 p.m., intervening days to be legislative 21 days. 22 ACTING PRESIDENT BRESLIN: There 23 being no further business, on motion, the 24 Senate stands adjourned until Monday, 25 March 22nd, at 3:00 p.m., intervening days

Candyco Transcription Service, Inc. 1 being legislative days. 2 (Whereupon, at 2:36 p.m., the 3 Senate adjourned.) 4 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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