Gaveled in 1:18 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 20, 2013
1:18 p.m.
REGULAR SESSION
SENATOR DIANE J. SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will please come to order.
I ask everyone present to please rise with me and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT SAVINO:In the absence of clergy, may we all bow our heads for a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, March 19th, the Senate met pursuant to adjournment. The Journal of Monday, March 18th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time I would call an immediate meeting of the Finance Committee in Room 332 of the Capitol. There will be an immediate meeting of the Finance Committee in Room 332.
And we will stand at ease until the Finance Committee is completed.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Finance Committee in Room 332 of the Capitol.
The Senate will stand at ease pending the return of the Finance Committee.
(Whereupon, the Senate stood at ease at 1:20 p.m.)
(Whereupon, the Senate reconvened at 1:46 p.m.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Thank you, Madam President.
May we return to reports of standing committees. I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination. As director of the New York Convention Center Operating Corporation, Mark Schienberg, of New York.
And Senator DeFrancisco reports direct to third reading Senate Print 2602A, Senate Budget Bill, an act making appropriations.
ACTING PRESIDENT SAVINO:Without objection, the bill will be reported directly to third reading.
Senator Libous.
SENATOR LIBOUS:I want to move to accept the report of the Finance Committee.
ACTING PRESIDENT SAVINO:On the motion to accept the report of the Finance Committee, all those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The report is accepted.
Senator DeFrancisco on the nomination.
SENATOR DeFRANCISCO: Yes, I'd move the nomination of Mark Schienberg, of New York, as director of the New York Convention Center Operating Corporation.
He appeared before the Finance Committee, was clearly well qualified, and received a unanimous vote from the Finance Committee. And I proudly move his nomination. It's an outstanding selection by the Governor.
ACTING PRESIDENT SAVINO:Senator Libous on the nomination.
SENATOR LIBOUS:Thank you, Madam President. On the nomination.
I've had the privilege of knowing Mark for a number of years in his official capacity, and he certainly is an outstanding nominee and will do a great job in this role. And he is very conscientious, he's very committed. And I will tell you that he's very tenacious when he needs to be, and that's a good thing.
So I think the Governor has again picked a great individual to serve in this capacity, and I want to second the nomination of someone who I have known for a number of years and I would call a friend and that I have worked with in a professional relationship.
ACTING PRESIDENT SAVINO:Senator Stavisky on the nomination.
SENATOR STAVISKY:Yes, thank you, Madam President.
I too have known Mark Schienberg for many, many years. In addition to being the president of the Greater New York Automobile Dealers Association -- they have a remarkable school on their premises. They train young people for jobs that exist. They have a placement record of over 90 percent. And when you visit the school, as I have done on many, many occasions, you see young people from literally all over the world learning in this center and going out and leading productive lives.
And I commend the Governor for this nomination, and I congratulate Mark Schienberg and wish him many years of continued service to our state.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Are there any other Senators wishing to be heard on the nomination?
Seeing none, the question is on the nomination of Mark Schienberg as director of the New York Convention Center Operating Corporation. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT SAVINO:The ayes have it. Mark Schienberg is hereby confirmed as director of the New York Convention Center Operating Corporation.
Senator Libous.
Is he here in the room? Oh, I'm sorry, I didn't see him. Congratulations.
(Applause.)
ACTING PRESIDENT SAVINO:Normally he would be sitting in the front row.
I did not see you, Mr. Schienberg.
SENATOR LIBOUS:He's a shy kind of guy, that's why he's sitting in the back.
(Laughter.)
SENATOR LIBOUS:Thank you, Madam President.
I would ask at this time that we take up the reading of the noncontroversial calendar.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 187, by Senator Fuschillo, Senate Print 749, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 188, by Senator Martins, Senate Print 988, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on September 1, 2013.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 188: Ayes, 61. Nays, 2. Senators Dilan and Montgomery recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 190, by Senator Skelos, Senate Print 1388, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 4. Senators Hoylman, Montgomery, Perkins and Squadron recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 191, by Senator Flanagan, Senate Print 1455, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 192, by Senator Skelos, Senate Print 1459, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:In the past, if you look at the record, you'll see that this is a vote that I've normally taken in the affirmative.
But in viewing certain aspects of this bill, it seems to reduce judicial discretion and also impugns on the rights of potential inmates, and so therefore I will be voting no.
ACTING PRESIDENT SAVINO:Senator Hassell-Thompson will be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 196, by Senator Robach, Senate Print 2510, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 202, by Senator Skelos, Senate Print 1391, an act to amend the Correction Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 202, those recorded in the negative are Senators Dilan, Montgomery, Perkins, Rivera and Sanders.
Ayes, 58. Nays, 5.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Thank you, Madam President.
At this time could we go to the noncontroversial reading of Supplemental Calendar 22A, please.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 264, Senate Budget Bill, Senate Print 2602A, an act making appropriations.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT SAVINO:The bill is laid aside.
Senator Libous, that completes the reading of the noncontroversial supplemental calendar.
SENATOR LIBOUS:Thank you, Madam President. At this time could we take up the controversial reading of Supplemental Calendar 22A.
ACTING PRESIDENT SAVINO:The Secretary will ring the bell and ask the members to please return to the chamber for the controversial calendar.
The Secretary will read.
THE SECRETARY:Calendar Number 264, Senate Budget Bill, Senate Print 2602A, an act making appropriations.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, an explanation has been requested by Senator Krueger.
SENATOR DeFRANCISCO: Yes. This is the annual debt service bill that's before us right now. And to give you a quick summary, this debt service appropriation bill would meet all existing legal requirements for payment of debt service of the state during this coming fiscal year.
The bill contains a total appropriation authority of $9.1 billion for the payment of interest and principal on general obligation bonds, personal income tax and other revenue bonds, and contractual and lease obligation payments, representing an increase of $172.7 million, or 1.9 percent, over available appropriations from last fiscal year's budget.
Appropriation authority would pay debt service on $54.8 billion of outstanding bonds, including $5 billion expected to be issued throughout this coming fiscal year. The total cash expenditures for debt service are estimated at $6.18 billion, a decrease of $18.9 million -- or 0.3 percent -- from the estimated last fiscal year spending. And that is a reduction largely due to refinancing at more favorable interest rates.
The bill includes an appropriation of $53 million for the new sales tax revenue bond program. One percent of the state's 4 percent sales tax will be deposited in the new state tax revenue bond tax fund to pay the debt service on bonds. Any funds in excess of the debt service payments will be transferred back to the General Fund. There are no bonds projected to be issued under this program for this coming fiscal year.
There's other specifics about other bonding programs such as the State University Dormitory Authority that I'd be happy to answer questions on, but that's basically what the bill provides.
ACTING PRESIDENT SAVINO:Senator Krueger.
SENATOR KRUEGER:Thank you. If through you the sponsor would please yield to some questions.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT SAVINO:The sponsor yields.
SENATOR KRUEGER:I appreciated the explanation. We actually went through a number of my questions already, through your explanation, with some of the round total numbers that this debt bill impacts.
Can you tell me what kind of debt is covered under this bill? Does it include debt service payments due on the so-called off-budget debt, such as the tobacco bonds debt issued in 2003 and 2004?
SENATOR DeFRANCISCO: No, it does not include that.
SENATOR KRUEGER:Do you know why it doesn't include that off-budget debt?
SENATOR DeFRANCISCO: It's a contingent obligation. It's not an existing legal required debt payment.
SENATOR KRUEGER:And do we have contingency appropriations within this bill in the event the state needs to step in and ensure this off-budget debt is adequately serviced?
SENATOR DeFRANCISCO: There is.
SENATOR KRUEGER:How much is the cash basis or noncash basis of the contingency appropriation?
SENATOR DeFRANCISCO: My trusty assistant is looking for that exact number. I knew it at one time, but I forgot it.
(Laughter.)
SENATOR KRUEGER:That's okay, I forgot it too.
SENATOR DeFRANCISCO: $254 million.
SENATOR KRUEGER:Is the contingency appropriation within this bill?
SENATOR DeFRANCISCO: Yes, it is.
SENATOR KRUEGER:Thank you.
Through you, Ms. President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: I do.
SENATOR KRUEGER:I usually say "Madam President." I think I like "Ms. President." I think I'm going with that one. Thank you.
Sorry, to continue. What would you say the total amount of off-budget debt outstanding is for the state right now? And how much is expected to be issued in the upcoming state fiscal year, and for what purposes?
SENATOR DeFRANCISCO: There are no other contingent obligations. Nor are there any expected to be added in this budget.
SENATOR KRUEGER:Through you, Ms. President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I do.
ACTING PRESIDENT SAVINO:He continues to yield.
SENATOR KRUEGER:So we're not including in the discussions or within this debt service budget bill the off-budget debt of $2.69 billion of tobacco securitization, $2.2 billion in STARC/MAC refinancing, $5.31 billion in building aid revenue bonds, or $368 million in prior-year school aid claims, totaling $10.56 billion? That's not being treated as off-budget debt in these discussions?
SENATOR DeFRANCISCO: It is not included in this bill, correct.
SENATOR KRUEGER:Through you, Ms. President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: Yes, I will.
SENATOR KRUEGER:Thank you.
What would be the share of public authority debt in total state-supported debt that is outstanding, and do we know if that has increased or decreased compared to last year and by how much?
SENATOR DeFRANCISCO: We do know that. And I'm trying to recall, at this moment, what that is. I will have it in a moment. It's coming. It's coming.
(Laughter.)
SENATOR DeFRANCISCO: We're going to have to get that information momentarily. But if you have another, I'll try the next one.
SENATOR KRUEGER:Certainly.
Through you, Ms. President, if the sponsor will continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR KRUEGER:Thank you.
So about two months ago the State Comptroller issued a report entitled "Debt Impact Study: An Analysis of New York State's Debt Burden." Are you familiar with that report?
SENATOR DeFRANCISCO: Yes. Not intimately, but familiar.
SENATOR KRUEGER:Through you, Madam President. In the report the Comptroller argues that in 2012, New York State debt burden is among the highest in the nation, with a debt per capita of $3,253, which is nearly three times the median of all states, ranking New York State the second among its peers.
Is there anything in this bill which would lower the excessive debt burden? And if not, is there something we could have done in this bill about that situation?
SENATOR DeFRANCISCO: Well, I agree with you that there's an excessive debt burden, because in the past we have spent too much. And I think what's happening now is we're reversing that direction under the Governor's leadership and the leaders of both houses.
And as far as what's being done to try to reduce the debt burden, I mentioned one earlier; that was refinancing at much more favorable interest rates. And more importantly, not incurring excess debt in the future, including in this budget. And we're only incurring debt that's necessary for ongoing construction projects that are necessary.
So as I mentioned before, also the total cash expenditures for debt service is actually going down this year, which is also a positive sign, and that's the direction that we are going. It will take some time. But if we continue this path, we will be in much better shape in future years.
SENATOR KRUEGER:Through you, Ms. President --
SENATOR DeFRANCISCO: Excuse me. I have an answer to your other question, if you could repeat the question.
SENATOR KRUEGER:Certainly, yes. What would be the share of public authority debt in total state-supported debt outstanding through this budget bill, and has it increased or decreased compared to last year and by how much?
SENATOR DeFRANCISCO: Okay. Excuse me, I was mistaken, I do not have the answer yet. But it's coming.
SENATOR KRUEGER:Returning to the logic of my questions, thank you. Through you, Ms. President, if the sponsor will continue to yield.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: I will continue as long as she has questions. Within reason.
(Laughter.)
SENATOR KRUEGER:The sponsor already touched on the new sales tax revenue bond program in his explanation of the bill, and there's also a new self-supported SUNY dorm credit. And in fact, both of those are new kinds of borrowing that are off-budget or what we often call back-door borrowing.
And the good news is it doesn't show up as increased debt to the state on-budget because it's not included in this bill each year. But the bad news is it actually does increase borrowing by the state without going to the voters for approval or the Legislature for approval.
So the questions are, one, how much do we expect to increase our debt this year off-budget because of the creation of a new sales tax return bond credit, which would of course be guaranteed by the sales tax collection by the state, and how much are we expecting to take on as new debt under the new creation of a quote, unquote, self-supporting SUNY dorms credit which would also be off-budget or, quote, unquote, back door? Do we know how much new debt we'll take on in the coming year under those two created programs?
SENATOR DeFRANCISCO: In created category number one, zero. In created category number two, about a billion. Approximately a billion.
SENATOR KRUEGER:Through you, Ms. President. According to the Comptroller's report, DOB expects approximately $1 billion in debt will be issued under the new sales tax revenue bond program. Is there something specific in this bill that shows that that's not the case? Because I think you just answered zero.
SENATOR DeFRANCISCO: You asked about new --
SENATOR KRUEGER:Sales tax revenue bond program.
SENATOR DeFRANCISCO: For this year?
SENATOR KRUEGER:For the coming fiscal year.
SENATOR DeFRANCISCO: It's zero this coming fiscal year. I am not familiar with what you're referring to, but that's our answer. My collective answer with my assistant's.
SENATOR KRUEGER:So it would be the $1 billion under the SUNY dorm's credit but you believe not any cost under the sales tax revenue bond program, leading me to believe you think we are creating a program but not going to use it in the coming year?
SENATOR DeFRANCISCO: Correct.
SENATOR KRUEGER:Through you, Ms. President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT SAVINO:The sponsor yields.
SENATOR KRUEGER:In the Senate one-house budget resolution that this house passed last week on 3/11, you excluded or denied over a billion dollars in the Governor's proposed capital project spending, some of which would have been paid for in cash and some using the Workers' Comp Board $2 billion reserve money.
How much in proposed capital projects under your majority resolution was expected to be bonded, and what debt service impact would come from the resolution we passed here last week?
SENATOR DeFRANCISCO: Well, I don't know the breakdown, but I can tell you that that one-house budget is now academic in view of the fact that we are very close to closing out the budget for this coming year, the actual budget, the final budget.
And I can't -- I don't know the latest numbers, but that was our position in the one-house budget. But it's not going to be in the final budget, that breakdown.
SENATOR KRUEGER:Through you, Ms. President.
ACTING PRESIDENT SAVINO:Senator DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT SAVINO:The Senator yields.
SENATOR KRUEGER:So just to confirm, none of the proposals within the resolution of 3/11/2013 are going to be included in the final budget as you understand it?
SENATOR DeFRANCISCO: No, that's not what I said. It's academic with the breakdown between how that was going to be paid because there's been extensive discussions about this very topic, and they are ongoing. And I couldn't honestly tell you what's in and what's out at this point in time.
SENATOR KRUEGER:Through you, Ms. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT SAVINO:Senator DeFrancisco yields.
SENATOR KRUEGER:So my understanding is there might be something, but we don't know any of the details, so we don't know what they would cost or what would be involved in bonding for them?
SENATOR DeFRANCISCO: That's what I said. But we no doubt will have a further discussion when the budget bills are on the floor, and you'll be able to review them for three days and be able to frame the questions as to actually what's in the budget. And I'll be happy to try to answer it then.
SENATOR KRUEGER:Through you, Madam President, Ms. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR KRUEGER:Thank you.
What would be the reason anyone would not vote yes on this budget bill?
SENATOR DeFRANCISCO: I don't think there's any reason whatsoever. That's why I'm proposing it. We need to pay our debt. The debt is fixed, and we know what our debt is approximately going to be for next year. And we would not want to impair our rating, our financial ratings by all the financial services by not paying our debt. So I don't see a reason.
I see a reason why in budgets this year and in future budgets we should spend less to pay down our debt. But as far as the debt that's actually due and payable, I see no reason why we should not vote yes as opposed to impairing the financial condition of the state with the rating agencies.
SENATOR KRUEGER:Through you, Madam President, on the bill.
ACTING PRESIDENT SAVINO:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank my esteemed colleague for his answers to most of my questions. Some are still outstanding, but we can find out later.
I did want to go through these numbers because I think it's critically important for the people of New York to understand what an enormous amount of debt we have and that we have a variety of ways that we make policy decisions in this house as to how much debt we're going to take on, what the obligations of each individual New Yorker are to that debt, and the fact that what we have been doing over the years is moving more and more of our debt off-budget, and so it's not even defined as debt when we deal with the annual bill that we are dealing with now.
The state has moral and legal obligations for that money in a variety of different ways. We all hope very much none of those bonds go belly up, so to speak, because then we would discover we had all kinds of obligations. But it is critical to understand that when the state takes on new debt, all 19.5 million New Yorkers are on the hook for that debt.
And I personally think debt is a good thing to take on for important capital and infrastructure. The State of New York would not be the great State of New York if not for our capital investment in our infrastructure -- if we didn't have roads, if we didn't have mass transit, if we didn't have school buildings, if we didn't have universities. But it's also very important to know that year after year, the state continues to move more of its debt borrowing what's called off-budget, behind the scenes, without the taxpayers of New York State having a say in it or actually the Legislature having a say in it.
Because yes, we will vote yes today on this bill; I certainly hope we will all vote yes today. But I wanted to make sure we all know that we are creating two new sources of borrowing for bonds that will be off-budget that will not come back to us to ask about or review or challenge or question.
And that even today there's a disagreement, although I'm not going to tell you my colleague is wrong. My understanding was we were creating the sales tax bonds so that we could borrow a billion dollars this year and the potential for borrowing more and more each year -- but, again, it being off the books, off the budget, and continuing to grow the level of debt we have without a broader discussion. And I think the broader discussion is critical that we have that and we have that in the context of a budget.
But I also agree with my colleague I can't find any justification for anyone to vote no on this bill, even if there's some questions about new models about being put into this. Why? Because we do, year in and year out, take on debt, make fiduciary obligations to bondholders that the State of New York will pay our bills.
So at the same time as I have concerns about how we're doing it and I believe we should ask more questions -- and I don't actually think it's a good idea to keep moving more and more of the models for borrowing money and spending it off budget, out of public view and out of legislative control -- I can't imagine voting no and saying we're not going to make good on our debts, we the State of New York refuse to pay our bills.
Just for the record, there was a time in this house several years ago where several of my colleagues on the other side of the aisle did decide to vote no on this bill. And I was astounded then. And I'm very glad to hear my colleague John DeFrancisco say today "Of course people would vote yes on this bill." Just a reminder, not everybody always figured that out.
So I certainly urge a yes vote today, Ms. President. Thank you very much.
ACTING PRESIDENT SAVINO:Senator Krueger will be recorded in the affirmative on the bill.
Are there any other members wishing to speak on the bill?
Seeing none, debate is closed.
The Secretary will ring the bells and ask all members to please return to the chamber for the vote.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Madam President.
This debt service appropriations bill totals $9.47 billion. And it addresses our obligations, our debt-service obligations as a state. And this is the beginning of the budget process. As we do this bill, our partners in the other chambers prepare to leave Albany -- and God knows whether we will be here tomorrow, through the week, or we will be back sometime later.
But this is the beginning of the budget process. And this has been a very contentious process where important issues and obligations that we have with members of the state have not been addressed.
One of those obligations that we have I think are young people, students in particular, who often their families go deep into debt because they have to pay their student loans. And often many of them cannot attend college because they are Dreamers, they are undocumented students. And that has not been addressed, nor has it been part of the discussion or the discourse during this budget process that begins today.
The other issue is that of the minimum wage. And today we read the Times Union editorial speak about that minimum wage and call it a very weak if not dismal potential agreement. And I suppose that that is part of the reason why maybe our partners in the other side are leaving early.
But that also addresses our obligations as a state. And I am prepared to vote down on these budget issues unless these two very fundamental obligations that we have with New Yorkers are addressed in this upcoming process.
So I will be voting in the negative, Madam President.
ACTING PRESIDENT SAVINO:Senator Espaillat will be recorded in the negative.
Senator Diaz to explain his vote.
SENATOR DIAZ:Thank you, Madam President.
I'm also joining my colleague Senator Espaillat. Last year I remember that I asked my fellow Hispanic Senators to vote no because the Governor refuses to include the DREAM Act, rejecting to help our students. I was not heard that time.
Today again I'm asking my fellow Hispanic Senators that we should please start voting no until Governor Cuomo decides to listen to the cries of our community. We cannot tolerate Governor Cuomo using our community only when he needs our votes and refusing to hear our cries.
And that's what I'm voting no. And I'm prepared to vote no on every single piece of budget during this year as I did last year.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Diaz to be recorded in the negative.
Are there any other members wishing to explain their vote?
Senator Rivera.
SENATOR RIVERA:Thank you, Madam President.
All of our colleagues here know that there are many different bills that we'll be voting on in this process, and certainly some will be more contentious than others. I believe that we have to take into account exactly what it is that we have in front of us and whether we should be voting for or against it based on the merits of that particular bill.
While I agree with both of my colleagues that the DREAM Act is certainly something we should include in conversations, whether it's in the budget or in other legislative matters, I think that at this point, in this particular bill, it is a bill that we have to do. It is a bill that is important and that will help us address something that the state has a responsibility to do.
I believe that we should all be voting in the affirmative on this particular bill. It is a separate issue. As the other ones that we will be dealing with, I'm sure that we will have many conversations about many issues in the next couple of days.
As it relates to this one, Madam President, I'll be voting in the affirmative because, again, I believe it is the responsibility of all of us in the state to pay our debts. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Rivera will be recorded in the affirmative.
Senator Latimer to explain his vote.
SENATOR LATIMER:I rise to support this bill.
As has already been said, this is one of many budget bills that we're going to be dealing with, and each of them are going to rise and fall on the merit of the bill. I think the case has been made that this is a reasonable public policy. There are some areas that Senator Krueger has brought out as being things to watch for the future but worthy of support.
What I would say, though, is that we have a practice in New York State that we ought to reconsider, and that is putting nonessential budgetary issues in the middle of a budget document. The bill that we have before us deals with debt service. That's what it should deal with, that's what it does deal with.
Other budget bills that will follow will include a variety of other issues. And I think we would be wise to pull those issues out of the budget and deal with them on their own merits, have a policy debate about those issues that some of my colleagues have raised -- things like minimum wage and other issues that deserve their own standalone debate separate and distinct from a budgetary discussion.
So I thank you for the opportunity. I will vote in favor of this bill.
ACTING PRESIDENT SAVINO:Senator Latimer to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:In relation to Calendar Number 264, those recorded in the negative are Senators Diaz, Espaillat and Parker.
Ayes, 60. Nays, 3.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Madam President, is there any further business at the desk?
ACTING PRESIDENT SAVINO:There is no further business at the desk, Senator Libous.
SENATOR LIBOUS:Madam President, I have one announcement before we adjourn.
There will be an immediate Republican conference immediately in Room 332, immediately in Room 332, Republican conference.
There being no further business before the house, I move we adjourn until Thursday, March 21st, at 11:00 a.m.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Republican Conference in Room 332.
There being no further business, on motion, the Senate stands adjourned until Thursday, March 21st, at 11:00 a.m.
(Whereupon, at 2:28 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.