2346
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 2, 2018
11 11:03 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE A. AMEDORE, JR., Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2347
1 P R O C E E D I N G S
2 ACTING PRESIDENT AMEDORE: The
3 Senate will come to order.
4 And I ask that everyone present
5 please rise and repeat after me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT AMEDORE: In the
10 absence of clergy, may we please bow our heads in
11 a moment of silence.
12 (Whereupon, the assemblage respected
13 a moment of silence.)
14 ACTING PRESIDENT AMEDORE: The
15 reading of the Journal.
16 THE SECRETARY: In Senate, Tuesday,
17 May 1st, the Senate met pursuant to adjournment.
18 The Journal of Monday, April 30th, was read and
19 approved. On motion, Senate adjourned.
20 ACTING PRESIDENT AMEDORE: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
2348
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Yes, I'd just
7 like to make an announcement. Session starts at
8 11:00 o'clock. And there's some members in the
9 chambers. But if you're somewhere that you can
10 hear me, it would be nice that you would be here
11 as well, because we're going to start bills soon
12 and we want to do this in a reasonable amount of
13 time. So that's my request, that's my plea, that
14 we can get more people in the chamber.
15 With that said, could we take up
16 previously adopted Resolution 4628, by Senator
17 Marchione, read the title only, and call on
18 Senator Marchione to speak.
19 ACTING PRESIDENT AMEDORE: The
20 Secretary will read.
21 THE SECRETARY: Legislative
22 Resolution Number 4628, by Senator Marchione,
23 memorializing Governor Andrew M. Cuomo to
24 proclaim May 2018 as Huntington's Disease
25 Awareness Month in the State of New York.
2349
1 ACTING PRESIDENT AMEDORE: Senator
2 Marchione.
3 SENATOR MARCHIONE: Thank you,
4 Mr. President.
5 I rise to speak on this resolution
6 that proclaims Huntington's Disease Awareness
7 Month in our state.
8 Huntington's disease is a
9 devastating hereditary degenerative brain
10 disorder for which there is presently no
11 effective treatment or cure. This debilitating
12 disease slowly diminishes the affected
13 individual's ability to walk, think, talk and
14 reason. This disease eventually makes the person
15 affected completely dependent on others for care.
16 Huntington's disease profoundly
17 affects the lives of entire families --
18 emotionally, socially and economically.
19 Over a quarter of a million
20 Americans have been diagnosed with Huntington's
21 disease or are at risk of inheriting the illness
22 from an affected parent.
23 In 2011, the Albany affiliate of the
24 Huntington's Disease Society of America was
25 formed, with the mission of bringing awareness to
2350
1 the public regarding Huntington's disease and to
2 raise funds to be used for research, care and
3 education.
4 My resolution seeks to provide
5 greater public awareness of Huntington's disease
6 and increase activity at local, state and
7 national levels to support those afflicted, as
8 well as their families and caregivers.
9 Joining us today are members of the
10 Huntington's Disease Society of America, Albany
11 Chapter. Thank you all for being here today, and
12 welcome to the State Senate.
13 Thank you, Mr. President.
14 ACTING PRESIDENT AMEDORE: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Yes, I
17 believe this has been offered for cosponsorship.
18 If you would like to cosponsor this resolution,
19 please notify the desk.
20 ACTING PRESIDENT AMEDORE: The
21 resolution is open for cosponsorship. If you
22 would like to be a cosponsor, please notify the
23 desk.
24 SENATOR DeFRANCISCO: Could we now
25 take up previously adopted Resolution 3138, by
2351
1 Senator Marchione, title only, and call on the
2 Senator to speak.
3 ACTING PRESIDENT AMEDORE: The
4 Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 3138, by Senator Marchione,
7 commemorating the 67th annual observance of the
8 National Day of Prayer in the State of New York,
9 Thursday, May 3, 2018.
10 ACTING PRESIDENT AMEDORE: Senator
11 Marchione.
12 SENATOR MARCHIONE: Thank you,
13 Mr. President.
14 I rise to speak on my resolution
15 commemorating the 67th annual observance of the
16 National Day of Prayer in New York State as this
17 Thursday, May 3, 2018. The theme for this year's
18 National Day of Prayer is Pray for America -
19 UNITY, based upon Ephesians 4:3, challenging us
20 to mobilize unified public prayer for America, to
21 keep the unity of the spirit through the enduring
22 bond of peace.
23 During the 67th Annual National Day
24 of Prayer, millions of Americans will pray at
25 thousands of events being held all across our
2352
1 nation. Locally, there are two National Day of
2 Prayer events taking place tomorrow. The first
3 will occur at noon in the West Capitol Park, and
4 another event will take place at 6 p.m. at
5 Jennings Landing.
6 Prayer has always been a vital part
7 of our nation's heritage. Americans pray to
8 guide, unite, and heal in times of peace and
9 prosperity, tragedy and joy, comfort and
10 conflict. Prayer has always provided sustenance,
11 affirmed our purpose, and strengthened our
12 resolve.
13 By observing the National Day of
14 Prayer in New York State on May 3rd, we can
15 acknowledge our blessings, express gratitude, and
16 recognize the continued need for strengthening
17 religious and moral values in our state and our
18 nation.
19 Thank you again for your support of
20 my resolution.
21 ACTING PRESIDENT AMEDORE: Senator
22 DeFrancisco.
23 SENATOR DeFRANCISCO: Yes, this is
24 also open for cosponsorship. Please notify the
25 desk if you'd like to cosponsor.
2353
1 ACTING PRESIDENT AMEDORE: The
2 resolution is open for cosponsorship. If you'd
3 like to be a cosponsor, please notify the desk.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: I'd like to
6 now take up previously adopted Resolution 4324,
7 title only, and call on Senator Tedisco to speak.
8 ACTING PRESIDENT AMEDORE: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 4324, by Senator Tedisco,
12 congratulating Stevo Poulin upon the occasion of
13 capturing the 99-pound Division I wrestling title
14 at the New York State Public High School Athletic
15 Association Wrestling Championships on
16 February 24, 2018.
17 ACTING PRESIDENT AMEDORE: Senator
18 Tedisco on the resolution.
19 SENATOR TEDISCO: Mr. President,
20 I'm going to take up -- because we have two
21 resolutions, I guess, one for Nick Lydon and one
22 for Stevo Poulin. And I'm going to make my
23 comments now in relationship to both of them,
24 because they are all both up there with their
25 parents and their families, and if that's okay, I
2354
1 will do that.
2 Mr. President, the 49th Senate
3 District is blessed to have many fine academic
4 institutions, and one of those is Shenendehowa
5 High School in Clifton Park, which is in my
6 district and which I represent along with Senator
7 Marchione. Shenendehowa is a true powerhouse for
8 its great academic and athletic programs.
9 With us today are two Shenendehowa
10 student-athletes, who this year truly excelled to
11 the highest state level, becoming state champions
12 in two different sports, diving and wrestling.
13 Our first honoree from Shenendehowa
14 high school is the state 99-pound Division I
15 wrestling champion, Stevo Poulin, who is a
16 freshman. State champion as a freshman.
17 Stevo, could you stand up?
18 Stevo captured his state wrestling
19 title on February 24th, just down the street at
20 the Times Union Center here in Albany. The title
21 capped off a season where Stevo compiled an
22 outstanding record as a freshman, a 44-1 record.
23 As the number two seed, Stevo earned a 7-1
24 decision victory over his number-one seeded
25 opponent, who was from Massapequa High School.
2355
1 During the tournament, Stevo scored
2 an incredible 57 points -- that's two more than
3 my record, but it's a different sport -- in four
4 matches, winning his first three bouts by
5 technical fall. This was his first state
6 wrestling title -- but more than likely, it will
7 not be his last.
8 Stevo is a career wrestler in
9 national youth tournaments and is only a
10 freshman, as I stated. In fact, just prior to
11 entering high school, Stevo established himself
12 in the sport at the national level, winning the
13 2017 National High School Coaches Association
14 Nationals in the 85-pound weight class.
15 Congratulations to you, Stevo
16 Poulin.
17 (Applause.)
18 SENATOR TEDISCO: You want to call
19 that now? Go ahead.
20 ACTING PRESIDENT AMEDORE: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 4379, by Senator Tedisco,
24 congratulating Nick Lydon upon the occasion of
25 capturing the Class AA New York State Public High
2356
1 School Athletic Association Diving Championship
2 on March 2, 2018.
3 ACTING PRESIDENT AMEDORE: Senator
4 Tedisco on the resolution.
5 SENATOR TEDISCO: Thank you,
6 Mr. President.
7 You want to stand up, Nick, as I say
8 a few words and introduce you?
9 Our second honoree from Shenendehowa
10 High School, as has been stated, is a Class AA
11 division champion, Nick Lydon. Nick, who is a
12 senior, capped off a stellar scholastic diving
13 career with a state championship on March 2nd at
14 the Nassau County Aquatic Center in East Meadow.
15 Nick scored 559.25 points in the
16 11-dive event, and placed first after finishing
17 third as a junior, sixth as a sophomore, and 10th
18 as only a freshman.
19 Earlier in the season, Nick Lydon
20 shattered the New York State Public High School
21 Athletic Association 11-dive meet record mark
22 with a score of 661.75 at the annual Shenendehowa
23 Invitational.
24 In addition to his success at the
25 state level, Nick captured his fourth consecutive
2357
1 Section 2, Division I diving title this season.
2 Earning a full scholarship, Nick will continue
3 his academic pursuits and diving exploits at the
4 University of Florida this fall.
5 Joining Nick Lydon and also Stevo
6 Poulin today are their outstanding coaches,
7 Wrestling Coach Rob Weeks -- Rob, you want to
8 stand up so we can identify who you are -- Diving
9 Coach Dennis Hogan, Assistant Christopher M.
10 Capezutti, Athletic Director -- I don't know if
11 Chuck Dunham is here.
12 And of course our athletes are
13 joined by the best support system any competitor
14 can have, and that's their families. If the
15 family would stand up, we'd like to salute them
16 also, also if they could.
17 Mr. President, please welcome Nick
18 Lydon and again Stevo Poulin and extend to them
19 all the cordialities of this chamber. And we
20 congratulate them on their unbelievable success.
21 I think maybe Senator Marchione,
22 would you like to say a few words before you do
23 that? So I'll turn it over to Senator Marchione,
24 who is the other Senator.
25 ACTING PRESIDENT AMEDORE: Senator
2358
1 Marchione on the resolution.
2 SENATOR MARCHIONE: Thank you --
3 SENATOR DeFRANCISCO: Excuse me.
4 Mr. President, I'm losing control here.
5 (Laughter.)
6 SENATOR DeFRANCISCO: Senator
7 Tedisco is directing traffic from that seat.
8 ACTING PRESIDENT AMEDORE: I see
9 that, Senator.
10 SENATOR DeFRANCISCO: But would you
11 do me a favor now and call on Senator Marchione.
12 ACTING PRESIDENT AMEDORE: Senator
13 Marchione on the resolution.
14 SENATOR MARCHIONE: Thank you,
15 Mr. President. Thank you, Senator Tedisco.
16 I would just like to add my
17 congratulations to wrestler Stevo Poulin and
18 champion diver Nick Lydon. Congratulations to
19 both of you.
20 You know, as we spoke outside when
21 we were having photographs taken, I said in both
22 of your sports, you know, the value of team, the
23 value of learning how to work together are skills
24 that you will take with you forever. And you
25 learn that in your respective sports. But each
2359
1 of you also learn what you're made of and how you
2 can stand up by yourself and be a success. And
3 that's exactly what both of you are, a tremendous
4 success.
5 I'm sure a great deal of pride comes
6 from your parents and your coaches, all who have
7 worked very hard so you are where you are. The
8 sacrifices of your parents -- I said earlier I
9 know some of those sacrifices, because my
10 legislative director Daphne Jordan's son James
11 swims with you, and I hear it all the time. And
12 she needs to be out all the time so she can be
13 with her son.
14 And I know that both sets of parents
15 here are exactly the same. And you owe a
16 great deal of gratitude to your parents and to
17 your coaches. But mostly, congratulations to
18 each of you on the tremendous success that you've
19 achieved.
20 Thank you, Mr. President.
21 ACTING PRESIDENT AMEDORE: To
22 Stevo, to Nick, to the parents and to the
23 coaches, we welcome you, we extend the
24 cordialities of the house, and we want to
25 congratulate all of your efforts, from the
2360
1 coaches, for your guidance, to the parents, for
2 your dedication and sacrifice. And to the
3 athletes, job well done. Stick it out. And
4 you're going places.
5 So we welcome you. Congratulations.
6 (Standing ovation.)
7 ACTING PRESIDENT AMEDORE: I also
8 want to recognize a group here on a previous
9 resolution from Senator Marchione, in the
10 Huntington's Disease Society of America, the
11 Albany Chapter, who is also in the gallery. We
12 welcome you and also extend the cordialities of
13 the house. Thank you for your passion and love.
14 (Applause.)
15 ACTING PRESIDENT AMEDORE: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: The two
18 Tedisco resolutions are open for cosponsorship.
19 If you want to cosponsor, please notify the desk.
20 ACTING PRESIDENT AMEDORE: The
21 resolutions are open for cosponsorship. If you
22 would like to, please notify the desk for
23 cosponsorship.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Yes, could we
2361
1 now take up the noncontroversial reading of the
2 calendar.
3 ACTING PRESIDENT AMEDORE: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 283, by Senator Flanagan, Senate Print 6973, an
7 act in relation to authorizing.
8 ACTING PRESIDENT AMEDORE: There is
9 a home-rule message at the desk.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 6. This
13 act shall take effect immediately.
14 ACTING PRESIDENT AMEDORE: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT AMEDORE: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 293, by Senator Jacobs, Senate Print 5982A, an
22 act to amend the Legislative Law.
23 ACTING PRESIDENT AMEDORE: Read the
24 last section.
25 THE SECRETARY: Section 5. This
2362
1 act shall take effect immediately.
2 ACTING PRESIDENT AMEDORE: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT AMEDORE: Announce
6 the results.
7 THE SECRETARY: Ayes, 59. Nays, 1.
8 Senator LaValle recorded in the negative.
9 ACTING PRESIDENT AMEDORE: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 294, by Senator Jacobs, Senate Print 6095, an act
13 to amend the Legislative Law.
14 ACTING PRESIDENT AMEDORE: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT AMEDORE: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AMEDORE: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 294, those recorded in the negative are
25 Senators Alcantara, Bailey, Comrie, Gianaris,
2363
1 Hoylman, Krueger, Mayer, Parker, Rivera, Sanders,
2 Savino and Sepúlveda.
3 Ayes, 48. Nays, 12.
4 ACTING PRESIDENT AMEDORE: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 637, by Senator Jacobs, Senate Print 5791, an act
8 to amend the State Administrative Procedure Act.
9 ACTING PRESIDENT AMEDORE: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT AMEDORE: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT AMEDORE: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 638, by Senator Akshar, Senate Print 6706, an act
21 to amend the State Administrative Procedure Act.
22 ACTING PRESIDENT AMEDORE: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2364
1 ACTING PRESIDENT AMEDORE: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT AMEDORE: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 910, by Senator Akshar, Senate Print 1116A, an
9 act to --
10 SENATOR KLEIN: Lay it aside.
11 ACTING PRESIDENT AMEDORE: The bill
12 is laid aside.
13 THE SECRETARY: Calendar Number
14 911, by Senator Akshar, Senate Print 1126A, an
15 act to amend the Executive Law.
16 SENATOR KLEIN: Lay it aside.
17 ACTING PRESIDENT AMEDORE: The bill
18 is laid aside.
19 THE SECRETARY: Calendar Number
20 912, by Senator Ritchie, Senate Print 1469A, an
21 act to amend the Education Law.
22 ACTING PRESIDENT AMEDORE: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
2365
1 ACTING PRESIDENT AMEDORE: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AMEDORE: Senator
5 Mayer to explain her vote.
6 SENATOR MAYER: Thank you,
7 Mr. President. I'm pleased to support this bill,
8 which reflects the importance of career and
9 technical education for all of New York's
10 students. Unfortunately, the bill does not reach
11 every district, specifically the Big Five cities
12 and my district, which includes the City of
13 Yonkers.
14 The Yonkers Public Schools strongly
15 encourage CTE education as an important path for
16 Yonkers students, but this bill would be better
17 if it included an increase in per-pupil
18 reimbursement for CTE programs within the Big 5,
19 which would make sure that all of New York's
20 students are included in the benefits of the
21 bill.
22 Thank you, Mr. President.
23 ACTING PRESIDENT AMEDORE: Senator
24 Mayer, you're in the affirmative?
25 SENATOR MAYER: I'm voting in the
2366
1 affirmative. Thank you.
2 ACTING PRESIDENT AMEDORE: Thank
3 you. Senator Mayer in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT AMEDORE: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 913, by Senator O'Mara, Senate Print 2120A, an
10 act to amend the Tax Law.
11 SENATOR KLEIN: Lay it aside.
12 ACTING PRESIDENT AMEDORE: The bill
13 is laid aside.
14 THE SECRETARY: Calendar Number
15 914, by Senator Jacobs, Senate Print 2124B, an
16 act to amend the Education Law.
17 ACTING PRESIDENT AMEDORE: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT AMEDORE: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT AMEDORE: Announce
25 the results.
2367
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT AMEDORE: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 915, by Senator Gallivan, Senate Print 2133, an
6 act to amend the State Administrative Procedure
7 Act.
8 ACTING PRESIDENT AMEDORE: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT AMEDORE: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT AMEDORE: Senator
16 Krueger to explain her vote.
17 SENATOR KRUEGER: Thank you,
18 Mr. President.
19 I think you'll find that many of us
20 are voting no because this creates a redundancy.
21 It's a task force to review SAPA, which is
22 already an entity to review, with very active
23 membership by the Legislature.
24 So I don't think the intention is to
25 want to create even more administrative layers to
2368
1 review concerns that people have, hence the no
2 votes.
3 Thank you, Mr. President. I vote
4 no.
5 ACTING PRESIDENT AMEDORE: Senator
6 Krueger in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 915, those recorded in the negative are
10 Senators Avella, Comrie, Hoylman, Kavanagh,
11 Krueger, Parker, Rivera, Sanders and Serrano.
12 Also Senator Alcantara. Also Senator Bailey.
13 Ayes, 50. Nays, 11.
14 ACTING PRESIDENT AMEDORE: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 916, by Senator LaValle, Senate Print 2232A, an
18 act to amend the Education Law.
19 ACTING PRESIDENT AMEDORE: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AMEDORE: Call the
24 roll.
25 (The Secretary called the roll.)
2369
1 ACTING PRESIDENT AMEDORE: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT AMEDORE: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 918, by Senator LaValle, Senate Print 2999A, an
8 act to amend the Economic Development Law.
9 ACTING PRESIDENT AMEDORE: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT AMEDORE: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AMEDORE: Announce
17 the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT AMEDORE: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 919, by Senator Gianaris, Senate Print 3042, an
23 act to amend the New York City Civil Court Act.
24 ACTING PRESIDENT AMEDORE: Read the
25 last section.
2370
1 THE SECRETARY: Section 5. This
2 act shall take effect on the first of January.
3 ACTING PRESIDENT AMEDORE: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AMEDORE: Announce
7 the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT AMEDORE: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 922, by Senator Gallivan, Senate Print 3392A, an
13 act to amend the Economic Development Law.
14 ACTING PRESIDENT AMEDORE: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT AMEDORE: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AMEDORE: Announce
22 the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT AMEDORE: The bill
25 is passed.
2371
1 THE SECRETARY: Calendar Number
2 923, by Senator Montgomery, Senate Print 3739, an
3 act to amend the Education Law.
4 ACTING PRESIDENT AMEDORE: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT AMEDORE: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AMEDORE: Announce
12 the results.
13 THE SECRETARY: Ayes, 58. Nays, 3.
14 Senators Croci, Murphy and Ranzenhofer recorded
15 in the negative.
16 ACTING PRESIDENT AMEDORE: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 924, by Senator Akshar, Senate Print 4120A, an
20 act to amend the Executive Law.
21 ACTING PRESIDENT AMEDORE: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AMEDORE: Call the
2372
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AMEDORE: Announce
4 the results.
5 THE SECRETARY: Ayes, 60. Nays, 1.
6 Senator Kavanagh recorded in the negative.
7 ACTING PRESIDENT AMEDORE: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 925, by Senator Jacobs, Senate Print 4590A, an
11 act to amend the State Administrative Procedure
12 Act.
13 ACTING PRESIDENT AMEDORE: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT AMEDORE: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AMEDORE: Announce
21 the results.
22 THE SECRETARY: Ayes, 60. Nays, 1.
23 Senator Hoylman recorded in the negative.
24 ACTING PRESIDENT AMEDORE: The bill
25 is passed.
2373
1 THE SECRETARY: Calendar Number
2 926, by Senator Jacobs, Senate Print 5828, an act
3 to amend the Legislative Law.
4 ACTING PRESIDENT AMEDORE: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT AMEDORE: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AMEDORE: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT AMEDORE: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 929, by Senator Golden, Senate Print 6793A, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT AMEDORE: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AMEDORE: Call the
24 roll.
25 (The Secretary called the roll.)
2374
1 ACTING PRESIDENT AMEDORE: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT AMEDORE: The bill
5 is passed.
6 That completes the noncontroversial
7 reading of the calendar, Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Yes,
9 Mr. President, would you take up Calendar 913,
10 Senate 2128, by Senator O'Mara, off of the
11 controversial calendar, please.
12 ACTING PRESIDENT AMEDORE: The
13 Secretary will ring the bell.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 913, by Senator O'Mara, Senate Print 2120A, an
17 act to amend the Tax Law.
18 SENATOR KRUEGER: Explanation.
19 ACTING PRESIDENT AMEDORE: Senator
20 Krueger.
21 SENATOR KRUEGER: I requested an
22 explanation, Mr. President.
23 ACTING PRESIDENT AMEDORE: Senator
24 O'Mara.
25 SENATOR O'MARA: Yes,
2375
1 Mr. President. This bill is a small business tax
2 cut that is much needed in New York State, as we
3 continually are at the bottom of the list of
4 business-competitive states. Our tax burdens are
5 too high in this state. This bill is an effort
6 to ease that burden on our small businesses.
7 In short, it cuts the small business
8 corporate tax rate from 6.5 percent to 4 percent,
9 and then from 4 percent to 2.5 percent over the
10 years 2019 and 2020.
11 It further reduces the personal
12 income tax rates -- or increases the exemption of
13 personal income tax for pass-through entities,
14 those being sole proprietors, LLCs, partnerships
15 and S corporations. Currently the exemption
16 stands only for sole proprietors, so we're
17 expanding that to improve LLCs, partnerships and
18 S corps. And it increases that exemption from a
19 current income level of maximum $250,000 to an
20 increase of $500,000. So we're doubling the
21 income threshold that qualifies for this and
22 increasing the percentage of exempt income of
23 that amount from the current 5 percent to -- in
24 2019, it will be 10 percent, in 2020 and
25 thereafter, it will be 15 percent. It increases
2376
1 the farm businesses to 20 percent in 2019 and
2 over and --
3 ACTING PRESIDENT AMEDORE: Excuse
4 me, Senator O'Mara.
5 Can we have some order in the house,
6 please. It's hard to hear.
7 SENATOR O'MARA: And it also will
8 increase -- or include that exemption for
9 New York City personal income tax as well, at a
10 15 percent income exemption of 2019 and after.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would please yield
13 to questions.
14 ACTING PRESIDENT AMEDORE: Senator
15 O'Mara, will you yield?
16 SENATOR O'MARA: Yes.
17 SENATOR KRUEGER: What is the
18 definition of income that is being used for this
19 bill?
20 SENATOR O'MARA: It is the -- for
21 which part? For the corporate part or for the
22 personal income tax part?
23 SENATOR KRUEGER: Let's start with
24 the personal income and then we'll go to
25 corporate.
2377
1 SENATOR O'MARA: Well, it's
2 personal income tax attributed to that net
3 business income for the entity for up to the
4 first 500,000 of income.
5 Now, if it's a multiple-owned
6 entity, such as a partnership or shareholders in
7 an S corp. or an LLC, it would be those
8 individual owners up to $500,000 each. However,
9 if the aggregate income of that entity exceeds
10 $1.5 million, the exemption does not apply to any
11 of those owners.
12 SENATOR KRUEGER: Through you,
13 Mr. President, if the sponsor would continue to
14 yield.
15 ACTING PRESIDENT AMEDORE: Senator
16 Krueger.
17 Does the sponsor continue to yield?
18 SENATOR O'MARA: Yes.
19 SENATOR KRUEGER: Thank you.
20 So I could have an LLC -- I could
21 have a group of LLCs with a group of partners
22 owning the LLCs, and as long as we make sure that
23 no individual LLC is ever defined as having
24 income of greater than 1.5, we could all take
25 this deduction from our taxes, jumping from
2378
1 5 percent to 20 percent? Excuse me, 5 percent to
2 15 percent.
3 SENATOR O'MARA: Those entities are
4 treated separately. The separate entities are
5 not aggregated together. Each LLC would be
6 entitled to that exemption.
7 SENATOR KRUEGER: So again,
8 Mr. President, through you if the sponsor would
9 continue to yield.
10 ACTING PRESIDENT AMEDORE: Will the
11 sponsor yield?
12 SENATOR O'MARA: Yes.
13 SENATOR KRUEGER: Thank you.
14 So I and a total of five people own
15 25 LLCs. We can each take a deduction on each
16 LLC as long as each LLC does not have income
17 greater than 1.5 million?
18 SENATOR O'MARA: It is -- to
19 clarify, I guess, my last answer and answer that
20 question as well, since it's on the individual
21 taxpayer, not the -- the LLC is not paying tax,
22 the individual member of that LLC is paying it.
23 So that individual, if they're earning -- and all
24 those entities over 1.5 million, then they don't
25 get the exemption. They're not -- I was unclear
2379
1 in my last answer, I think. They're not
2 aggregated -- they're not treated separately.
3 Because it's personal income tax, they're not
4 aggregating all the LLCs. It's going through
5 your personal income tax return.
6 SENATOR KRUEGER: Maybe I'm not
7 asking the question correctly. Through you,
8 Mr. President, if I can clarify my question.
9 ACTING PRESIDENT AMEDORE: You may.
10 SENATOR KRUEGER: So I'm one of
11 five partners who owns 25 LLCs. So I own a share
12 in 25 LLCs. I am going to take a personal income
13 tax deduction for myself for my share of each of
14 those 25 LLCs, a one-fifth share of each of those
15 25 LLCs. As long as each individual LLC doesn't
16 go over 1.5 million, I can do that, take a
17 one-fifth share --
18 SENATOR O'MARA: No. No.
19 SENATOR KRUEGER: Where in the bill
20 am I not allowed to?
21 SENATOR O'MARA: You as the
22 shareholder or a member of the LLC would be
23 entitled to the exemption on your income up to
24 $500,000. You don't get it for each LLC. You're
25 filing your taxes on your personal income tax
2380
1 return for all those LLCs under your income tax
2 return, the income that you earned from all
3 those. So those are all aggregated together in
4 determining both the $1.5 million aggregate cap
5 and the $500,000 individual.
6 SENATOR KRUEGER: So I can take an
7 exemption up to $500,000?
8 SENATOR O'MARA: Yes.
9 SENATOR KRUEGER: Okay. So through
10 you, Mr. President --
11 SENATOR O'MARA: Except not up to
12 $500,000. It's an exemption of that $500,000 of
13 income of -- depending on what year. Right now
14 it's 5 percent, so you would get 5 percent of
15 that $500,000 exempt from taxes.
16 SENATOR KRUEGER: Through you,
17 Mr. President. So we're jumping to 15 percent --
18 through you, Mr. President, if the sponsor would
19 yield.
20 ACTING PRESIDENT AMEDORE: Will the
21 sponsor continue to yield?
22 SENATOR O'MARA: Yes.
23 ACTING PRESIDENT AMEDORE: Yes.
24 SENATOR KRUEGER: So now it's
25 5 percent, but it would become 15 percent under
2381
1 your bill.
2 So I'm asking the question if I own
3 a portion of 25 LLCs, I get to calculate it for
4 each LLC -- but then you're saying there is some
5 maximum deduction from my taxes in total that I
6 can take. So what is that maximum deduction for
7 me, for my personal taxes, even though I'm an
8 owner of 25 LLCs?
9 SENATOR O'MARA: The maximum
10 exemption that you would get would be the
11 percentage, currently 5 percent, of $500,000 --
12 of that income would be exempt from taxation.
13 SENATOR KRUEGER: So it's jumping
14 to 15 percent.
15 SENATOR O'MARA: Correct.
16 SENATOR KRUEGER: Okay. Through
17 you, Mr. President, if the sponsor would continue
18 to yield.
19 ACTING PRESIDENT AMEDORE: Will the
20 sponsor continue to yield?
21 SENATOR O'MARA: Yes.
22 SENATOR KRUEGER: Thank you.
23 And what is the estimated cost to
24 the State of New York from making this change, or
25 the two changes in the bill?
2382
1 SENATOR O'MARA: To the State of
2 New York, in our current fiscal year of 2018-'19,
3 there's no fiscal impact. In fiscal year
4 2019-'20, it would be $200 million. In fiscal
5 year '20-'21, it would be $346 million. In
6 fiscal year '21-'22 and beyond, it would be
7 $495 million per year.
8 SENATOR KRUEGER: Through you,
9 Mr. President, if the sponsor could continue to
10 yield.
11 ACTING PRESIDENT AMEDORE: Does the
12 sponsor continue to yield?
13 SENATOR O'MARA: Yes.
14 SENATOR KRUEGER: And this bill
15 would also apply to New York City taxes but no
16 other local taxes?
17 SENATOR O'MARA: No other
18 localities have an income tax.
19 SENATOR KRUEGER: Well, actually,
20 Yonkers has --
21 SENATOR O'MARA: Well, you're
22 right, Yonkers does.
23 SENATOR KRUEGER: Yonkers has an
24 income tax.
25 Does this apply to Yonkers?
2383
1 SENATOR O'MARA: No, it does not.
2 But perhaps that's an oversight.
3 SENATOR KRUEGER: You just chose
4 New York City.
5 SENATOR O'MARA: Perhaps that's an
6 oversight.
7 And.
8 SENATOR KRUEGER: And what is
9 the -- through you, Mr. President, if the sponsor
10 would continue to yield.
11 ACTING PRESIDENT AMEDORE: Does the
12 sponsor continue to yield?
13 SENATOR O'MARA: Yes.
14 SENATOR KRUEGER: What is the
15 estimated growing cost to the City of New York
16 through your projections?
17 SENATOR O'MARA: Excuse me?
18 SENATOR KRUEGER: What's the
19 estimated cost to the City of New York for your
20 bill?
21 SENATOR O'MARA: I had those costs
22 broken out here, but I would like to clarify my
23 last answer when you asked this for the state,
24 that it's not really a cost to the state, it's
25 not a cost to the City of New York. This is
2384
1 allowing business owners, business taxpayers, to
2 retain more of their earnings. It's less that
3 the state or the city is taking from these
4 businesses that provide jobs to our citizens that
5 we need.
6 The fiscal impact of this, of what
7 businesses in New York City would save, for this
8 current year is zero. For the '19-'20 fiscal
9 year, it's $46 million that New York City
10 businesses would save. In '20-'21, it would be
11 $80 million. In '21-'22, it would be
12 $115 million.
13 SENATOR KRUEGER: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 SENATOR O'MARA: Yes.
17 ACTING PRESIDENT AMEDORE: The
18 sponsor continues to yield.
19 SENATOR KRUEGER: So we're having a
20 semantic discussion. I asked you what it would
21 cost, and you pointed out it simply means
22 businesses aren't paying those taxes. So that's
23 true, it saves them that tax cost.
24 But of course government operates
25 under revenue that it collects from taxes.
2385
1 That's the structure we live under.
2 So through you, Mr. President, if
3 the sponsor would tell me what we should cut out
4 of the state budget with the loss of $495 million
5 in tax revenue from this bill?
6 SENATOR O'MARA: Frankly, I -- with
7 typical growth in revenues, I don't believe there
8 would have to be cuts anywhere else. Some other
9 areas might not grow to a certain extent, but I
10 think this can be made up with economic growth
11 and the overall growth in revenues that are
12 collected from year to year in this state and in
13 the City of New York.
14 SENATOR KRUEGER: And through you,
15 Mr. President, if the sponsor would continue to
16 yield.
17 ACTING PRESIDENT AMEDORE: Does the
18 sponsor continue to yield?
19 SENATOR O'MARA: Yes.
20 SENATOR KRUEGER: And since we are
21 reducing the revenue to the City of New York by
22 cutting their personal income tax revenue, does
23 the City of New York support this bill?
24 SENATOR O'MARA: I don't believe we
25 have a memo in either opposition or support from
2386
1 it.
2 SENATOR KRUEGER: On the bill,
3 Mr. President.
4 SENATOR O'MARA: But since in this
5 body we seem to have no problem levying all types
6 of other regulations and rules on the City of
7 New York, this really should be considered no
8 different than all the rest of the things that
9 the New York City Council could do a request on
10 their own that we do for them here.
11 ACTING PRESIDENT AMEDORE: Senator
12 Krueger on the bill.
13 SENATOR KRUEGER: I want to thank
14 the sponsor for his answers.
15 I particularly enjoy his last
16 comment, because I have frequently pointed out
17 that this legislative body does consistently make
18 determinations for the City of New York that the
19 City of New York did not ask for and in fact has
20 urged us not to do.
21 So it is consistent with the
22 practice of this house. And that's one of the
23 fundamental problems at the moment with Albany.
24 When it comes to localities, we don't seem to
25 recognize their needs or their requests.
2387
1 It's also interesting that I would
2 argue many of my colleagues strongly support our
3 putting limits and rules and requirements on new
4 unfunded mandates for localities. In fact, just
5 a little while ago we all voted for Calendar 926,
6 S5828, by Senator Jacobs. I think we all voted
7 for it -- I know I voted for it because it would
8 require review of unfunded mandates.
9 And I would simply like to highlight
10 that among the other issues I have with this
11 bill, it's a new unfunded mandate on the City of
12 New York, to take away their revenue without any
13 discussion with them. So I think it actually
14 flies in the face of some of the things we all
15 think we support here.
16 I have several problems with this
17 bill. One, because it has such a large price
18 tag, it's actually the kind of bill that needs to
19 be dealt with within the context of the budget.
20 That's where we do primary revenue/tax policy
21 bills. But I imagine that if this were to pass
22 both houses, that would be exactly what the
23 Governor said in his veto message.
24 Two, it's not a bill that's targeted
25 to small businesses with economic problems. And
2388
1 in fact if you take a look at existing tax
2 policy -- made more so under the new Washington
3 Trump tax changes -- we've actually been
4 significantly reducing business taxes while doing
5 very little for private people, particularly in
6 high-property-tax areas. This is not targeted to
7 small start-up businesses, small businesses with
8 a certain number of employees.
9 I found it particularly interesting
10 that the bill doesn't even require the business
11 have one employee. Which is why I was asking
12 questions about the LLCs as an example, where I
13 might be a very wealthy investor in a large
14 number of LLCs without even having any employees,
15 and I would be able to maximize my reductions in
16 my taxes thanks to this bill.
17 But let's say it was in real estate,
18 I owned individual houses or individual
19 buildings, each of which were LLCs separately. I
20 would have a huge tax reduction but no actual new
21 creation of economic activity -- and again, might
22 not even have to have one employee to take this.
23 So I do think it's important to
24 think carefully about targeting our proposed tax
25 changes to those in greatest need. And I see
2389
1 nothing in this bill that assures us of that.
2 There are two sections of the bill.
3 I focused my questions on the corporate section.
4 There is another section of the bill that
5 involves lowering the tax rates for small
6 businesses with a maximum income of $500,000. I
7 have less problems with that section of the bill,
8 and perhaps I wouldn't end up debating or voting
9 against a bill that simply addressed that
10 section.
11 But the fact is, most of the loss of
12 revenue to the state and the City of New York
13 from this bill will actually come from people who
14 it's not at all clear are in need of tax
15 reductions at this moment in history. It's not
16 at all clear that they are actually struggling
17 small businesses -- and there are many. But I
18 don't necessarily think this bill does anything
19 to address their needs.
20 And of course whenever we're
21 reducing taxes, we need to ask the question what
22 are we going to not pay for in our state -- and
23 in this case city -- budget because we don't have
24 that revenue? Who is going to pay the price for
25 our deciding to give hundreds of millions of
2390
1 dollars in tax exemptions to entities who might
2 not even need the help?
3 So I would urge a no vote. I would
4 urge my colleague to go back and perhaps separate
5 this bill into multiple pieces and think through
6 who would actually be the winners and the losers.
7 And he has an opportunity to do so, because I
8 don't think this is the kind of bill that would
9 become law in the State of New York.
10 It is fodder for a discussion within
11 the budget for next year, and that's a healthy
12 reason to have a bill. And that's a healthy
13 reason to have a debate on the bill on the floor
14 of the Senate.
15 And so I vote no, Mr. President.
16 Thank you.
17 ACTING PRESIDENT AMEDORE: Senator
18 Hoylman.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President.
21 I want to thank the sponsor and
22 Senator Krueger for their discussion.
23 I wanted to point out a fact about
24 the bill regarding the income threshold for LLCs,
25 which is set at $1.5 million. This bill, I know
2391
1 the intention is to help small businesses and
2 farms. But $1.5 million may not be a small
3 business in New York. The median income for
4 individuals self-employed at their own
5 incorporated businesses in New York in 2015 was
6 $52,156 a year. And the median income for
7 unincorporated firms was $23,148 a year. I think
8 this threshold is a little high.
9 Secondly, I'd like to say something
10 about LLCs generally speaking. You know, I think
11 a lot of New Yorkers would be surprised to find
12 out that the State of New York doesn't keep
13 records as to the beneficial owner of a limited
14 liability corporation. Nowhere in the State of
15 New York can a citizen, a member of law
16 enforcement, a member of the press actually
17 determine who the beneficial owner is of an LLC.
18 We have to do more work in this chamber to open
19 up LLCs for public inspection, not give them
20 additional tax breaks.
21 So I'll be voting in the negative.
22 Thank you, Mr. President.
23 ACTING PRESIDENT AMEDORE: Are
24 other members wishing to be heard on this bill?
25 Seeing none, the debate is closed.
2392
1 The Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AMEDORE: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AMEDORE: Senator
9 Helming to explain her vote.
10 SENATOR HELMING: Thank you,
11 Mr. President.
12 Small business is significant to
13 New York State's economy. With over 500,000
14 small businesses in New York State employing over
15 3 million individuals, small business is the
16 backbone of our economy and our communities.
17 Whether it's the shops that line our Main Streets
18 or the small farms that dot our rural roads,
19 these small businesses and farms are truly the
20 hearts and souls of our communities.
21 And this bill targets these small
22 businesses and farms which largely have been
23 excluded from previously enacted tax reforms. I
24 commend Senator O'Mara for his leadership on this
25 initiative, and I am proud to support small
2393
1 businesses, not only in my district but across
2 New York State, by voting aye.
3 Thank you.
4 ACTING PRESIDENT AMEDORE: Senator
5 Helming in the affirmative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 913, those recorded in the negative are
9 Senators Alcantara, Bailey, Comrie, Gianaris,
10 Hoylman, Kavanagh, Krueger, Montgomery, Parker,
11 Rivera, Sanders, Sepúlveda, Serrano. Also
12 Senator Stavisky.
13 Absent from voting: Senator
14 Hamilton.
15 Ayes, 48. Nays, 14.
16 (Comments off the record.)
17 ACTING PRESIDENT AMEDORE: The bill
18 is passed.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Could we now
21 take up Calendar Number 910, Senate 1116A, by
22 Senator Akshar.
23 ACTING PRESIDENT AMEDORE: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
2394
1 910, by Senator Akshar, Senate Print 1116A, an
2 act to amend the Real Property Tax Law.
3 SENATOR KRUEGER: Explanation.
4 ACTING PRESIDENT AMEDORE: Senator
5 Krueger for an explanation. Sponsor, will you
6 yield for an explanation?
7 SENATOR AKSHAR: Of course.
8 Senator Krueger, this particular
9 bill simply extends the existing STAR program to
10 small businesses throughout the State of
11 New York.
12 SENATOR KRUEGER: Through you,
13 Mr. -- oh. Were you done, Senator? I don't want
14 to cut you off.
15 SENATOR AKSHAR: Yes, I was.
16 SENATOR KRUEGER: Okay, just
17 double-checking.
18 Mr. President, through you, if the
19 sponsor would yield.
20 ACTING PRESIDENT AMEDORE: Does the
21 sponsor yield?
22 SENATOR AKSHAR: Absolutely.
23 SENATOR KRUEGER: So this bill
24 takes STAR, which is designed as a personal
25 income tax reduction for homeowners and says
2395
1 we're going to apply it to businesses.
2 So if the sponsor could please
3 explain to me what his definition is of a small
4 business.
5 SENATOR AKSHAR: Senator --
6 Mr. President, through you. Senator, it is a
7 property tax exemption, not a personal income tax
8 exemption.
9 And small business as defined in
10 this particular piece of legislation are
11 businesses with 100 and fewer employees.
12 SENATOR KRUEGER: Through you,
13 Mr. President, if the sponsor would continue to
14 yield.
15 SENATOR AKSHAR: Yes.
16 ACTING PRESIDENT AMEDORE: Will the
17 sponsor continue to yield?
18 SENATOR AKSHAR: Yes.
19 SENATOR KRUEGER: And is there a
20 size limit on the revenue of any business
21 eligible for this property tax reduction?
22 SENATOR AKSHAR: There is no limit
23 in terms of how successful a business is or
24 isn't. Other than the only limit is, you know, a
25 business could have several different locations.
2396
1 And this extension of STAR would only relate to
2 one of their locations.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor will continue to
5 yield.
6 SENATOR AKSHAR: Yes.
7 ACTING PRESIDENT AMEDORE: The
8 sponsor continues to yield.
9 SENATOR KRUEGER: Thank you.
10 Could the sponsor cite which section
11 of the bill would limit it to just one location?
12 SENATOR AKSHAR: I'm sorry,
13 Senator, would you be so kind as to repeat your
14 question?
15 SENATOR KRUEGER: You just answered
16 that a business that had multiple locations could
17 only take this new STAR credit for one location.
18 I was wondering where in the bill it would say
19 that.
20 SENATOR AKSHAR: Senator, again, as
21 you well know, based on the current STAR program
22 and the current statute, you can only get the
23 exemption on one of your properties. So it's
24 simply taking the existing statute and how the
25 program works and extending it to small
2397
1 businesses with 100 or fewer employees.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor will continue to
4 yield.
5 SENATOR AKSHAR: Yes,
6 Mr. President.
7 ACTING PRESIDENT AMEDORE: The
8 sponsor continues to yield.
9 SENATOR KRUEGER: I'm confused how
10 this bill matches with the existing STAR, because
11 that's a primary residence. Are you saying that
12 this bill would require a business to declare one
13 location its primary residence? And what
14 would be the legal definition of a primary
15 residence for a business?
16 SENATOR AKSHAR: Senator --
17 Mr. President, through you. Senator, don't be
18 confused. It's -- again, it's just taking the
19 existing program and allowing the exemption for
20 one location of a businessman or -woman.
21 So, okay, let me just explain a
22 little bit more. You have a flower shop at
23 123 Broadway. Now you can have the -- you can
24 take the STAR exemption at your business located
25 at 123 Broadway.
2398
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor would continue to
3 yield.
4 ACTING PRESIDENT AMEDORE: Will the
5 sponsor continue to yield?
6 SENATOR AKSHAR: Yes,
7 Mr. President.
8 SENATOR KRUEGER: And then if I
9 have a second flower shop at 352 Broadway and a
10 third flower shop at 475 Broadway, those are not
11 eligible. Where in the law does it say that?
12 SENATOR AKSHAR: Mr. President,
13 I'm -- I hope you're not in competition with
14 yourself. That's very close, only a couple of
15 blocks away.
16 SENATOR KRUEGER: In New York City
17 actually, that could be whole new neighborhoods.
18 SENATOR AKSHAR: No, you can only
19 take the exemption on one of your locations. You
20 could choose 352 Broadway; maybe you want to take
21 the exemption there. Or 123 Broadway. Wherever
22 you choose to take the exemption, you can take
23 it.
24 SENATOR KRUEGER: Through you,
25 Mr. President, if the sponsor will continue to
2399
1 yield.
2 ACTING PRESIDENT AMEDORE: Does the
3 sponsor continue to yield?
4 SENATOR AKSHAR: Absolutely.
5 SENATOR KRUEGER: So I am actually
6 looking at the bill text, and the sponsor is
7 inserting a business tax exemption on property
8 into the existing STAR legislation. So
9 Section 3, paragraph B, primary residence: The
10 property must serve as the primary residence of
11 one or more owners, therefore -- unless such
12 property is owned by a small business, as defined
13 in paragraph G of this subdivision.
14 So it seems to imply that it doesn't
15 have to be only a primary residence, because it's
16 an "unless it's a business."
17 So I'm still very confused as to how
18 this bill makes explicit you could only take this
19 on one business location if you had multiple
20 business locations. I just think that it's not
21 worded the way -- I believe that the sponsor's
22 intent is to have only a primary location, but I
23 think it might be a bill drafting error because I
24 don't read the bill that way.
25 SENATOR AKSHAR: Well, in the
2400
1 current statute you can only take the exemption
2 on your primary residence, yes? Can we agree on
3 that?
4 SENATOR KRUEGER: Yes. But then
5 you added the word "unless," and then you went
6 into businesses. So apparently primary residence
7 doesn't apply to businesses.
8 SENATOR AKSHAR: Could we agree
9 that it's within the definition of primary?
10 SENATOR KRUEGER: Through you,
11 Mr. President, I'm not sure we can agree on that.
12 I actually think there would be a better way to
13 draft it to try to make it clear that a small
14 business could only take this once for one
15 address.
16 SENATOR AKSHAR: Mr. President, I'm
17 happy -- so long as it sounds to me like my
18 esteemed colleague thinks this is a good idea --
19 happy to do a chapter amendment to clear that up.
20 SENATOR KRUEGER: Thank you.
21 Unfortunately, I don't think the whole thing is a
22 good idea. That was just one of my points. But
23 I appreciate you making a chapter amendment.
24 SENATOR AKSHAR: I took a chance,
25 Senator Krueger.
2401
1 (Laughter.)
2 SENATOR KRUEGER: I appreciate
3 that.
4 I'm going to get refocused,
5 Mr. President.
6 ACTING PRESIDENT AMEDORE: Are you
7 going on the bill?
8 SENATOR KRUEGER: The sponsor isn't
9 supposed to be charming and funny when I'm trying
10 to argue with him. My husband does that
11 sometimes too, it's a problem.
12 (Laughter.)
13 SENATOR KRUEGER: I'm sorry, a
14 little TMI here on the floor of the Senate.
15 So this bill also doesn't define the
16 kinds of businesses, just that it's a small
17 business. So what if the business -- through you
18 Mr. President, if the sponsor would yield.
19 SENATOR AKSHAR: Yes, I will
20 Mr. President.
21 ACTING PRESIDENT AMEDORE: The
22 sponsor continues to yield.
23 SENATOR KRUEGER: What if a very
24 large corporation is the owner of a lot of
25 individual small businesses? Can that
2402
1 corporation take the property tax deduction on
2 each of the businesses as long as they have a
3 different name or might be a different LLC?
4 Because corporations can own LLCs. So if I'm big
5 corporation X and I own 300 LLCs, am I allowed to
6 take this business deduction on each business
7 with its own corporate name, but I'm actually the
8 parent corporation who deals with the taxes?
9 SENATOR AKSHAR: So if the LLCs are
10 individual taxpayers, they in fact could take
11 this exemption.
12 However, in terms of the state
13 looking at business globally, if there's only --
14 if the business at the top is the only taxpayer,
15 then no, those smaller LLCs would not be eligible
16 to take the exemption.
17 SENATOR KRUEGER: So through you,
18 Mr. President, if the sponsor would continue to
19 yield.
20 SENATOR AKSHAR: I'm happy to,
21 Mr. President.
22 ACTING PRESIDENT AMEDORE: The
23 sponsor continues to yield.
24 SENATOR KRUEGER: So let's use the
25 example of franchises. Would franchises of a
2403
1 major corporation -- fill in your blank, famous
2 fast food company -- each be able to -- how is
3 the property tax going to be applied? Because my
4 understanding is many of the fast food
5 franchises, they -- the corporation may own the
6 underlying property and then franchise out the
7 running of the business.
8 I know of a particular very well
9 known gymnasium that people sign up for, and that
10 the company points out they make the money on the
11 real estate, not actually on the running of the
12 gym. So they franchise out the running of the
13 gyms, they own all the buildings, they're an
14 enormous and wealthy corporation. Would they be
15 allowed to take a STAR for each business
16 location?
17 SENATOR AKSHAR: I'll just -- I'll
18 respectfully disagree in terms of, you know, a
19 corporation owning many different smaller ones,
20 but -- and just revert back to my earlier
21 sentiment about, you know, if they were
22 individual businesses, you owned one, I owned
23 one, we could take that exemption.
24 If you owned six of them, why then
25 you could only take -- you couldn't take six
2404
1 exemptions, only one.
2 SENATOR KRUEGER: I'm sorry, I --
3 could the sponsor clarify his answer? I got a
4 little confused.
5 SENATOR AKSHAR: I disagree with my
6 colleague in terms of, you know, a corporation
7 owning many of the locations -- we're talking
8 specifically about franchises. I'm offering that
9 franchises are generally owned by individual
10 people. You own one, I own one.
11 So the point I'm making to you is if
12 you have a McDonald's at 123 Broadway, it's okay,
13 take the exemption. If I'm your competitor at
14 352 Broadway, I'm going to take the exemption as
15 well.
16 If you own five McDonald'ses on
17 Broadway, you'll only be able to take one
18 exemption. Of course if you are,
19 Senator Krueger, under 100 employees as you get
20 bigger.
21 SENATOR KRUEGER: One moment.
22 SENATOR AKSHAR: Of course.
23 SENATOR KRUEGER: Through you,
24 Mr. President, a follow-up question to the
25 sponsor.
2405
1 SENATOR AKSHAR: Of course,
2 Senator.
3 ACTING PRESIDENT AMEDORE: The
4 sponsor continues to yield.
5 SENATOR KRUEGER: Thank you.
6 So again, I own the property of
7 10 different flower shops. Am I the one allowed
8 to take the property tax deduction for each of
9 the flower shops because they are separate
10 corporations? Or I'll make it easier.
11 Three are flower shops, five are
12 franchised restaurants, and two are retail
13 clothing. Am I allowed to take 10 different STAR
14 exemptions under the business tax? Because
15 they're 10 different businesses. It's a property
16 tax exemption, but I own each of those
17 properties.
18 SENATOR AKSHAR: Are you -- so let
19 me ask you a -- Mr. President.
20 ACTING PRESIDENT AMEDORE: Thank
21 you. Thank you.
22 SENATOR AKSHAR: Of what you've
23 described, are each of those locations
24 individually owned by separate people? Are they
25 separate businesses all owned by you? Or does
2406
1 Krueger Real Estate Mogul Corporation own all of
2 what you just described?
3 SENATOR KRUEGER: They're each a
4 separate LLC. I may or may not be an investor in
5 some or all of the businesses. We can make me an
6 investor in all of those businesses. But I'm the
7 mogul.
8 SENATOR AKSHAR: If it's a separate
9 business, then they are eligible for the
10 exemption.
11 SENATOR KRUEGER: So I would be
12 eligible for 10 exemptions.
13 SENATOR AKSHAR: Yes, you would.
14 Mr. President, through you. Yes, you would.
15 SENATOR KRUEGER: Okay, thank you.
16 So through you, Mr. President, if
17 the sponsor would continue to yield.
18 ACTING PRESIDENT AMEDORE: Will the
19 sponsor continue to yield?
20 SENATOR AKSHAR: Yes,
21 Mr. President.
22 SENATOR KRUEGER: Thank you.
23 So if I am a Kushner or a Trump who
24 owns an enormous number of LLC buildings in the
25 City of New York, I could take a property tax
2407
1 exemption under this law for each of my LLC
2 buildings?
3 SENATOR AKSHAR: Well,
4 Mr. President, through you, so long as that small
5 business employed 100 or fewer people and that
6 particular small business was filing taxes
7 independently.
8 SENATOR KRUEGER: Through you,
9 Mr. President. So I think the answer would be
10 yes, because most LLC buildings don't have more
11 than 100 employees.
12 Through you, Mr. President, if the
13 sponsor will continue to yield.
14 ACTING PRESIDENT AMEDORE: Will the
15 sponsor continue to yield?
16 SENATOR AKSHAR: Yes,
17 Mr. President.
18 SENATOR KRUEGER: How many
19 businesses does the sponsor believe this would
20 apply to in the State of New York? And how much
21 reduction in property tax collection might we see
22 under this bill?
23 SENATOR AKSHAR: Well --
24 Mr. President, through you -- if we keep going in
25 the direction we're going, it's going to be less
2408
1 and less because people are leaving this state at
2 an alarming rate.
3 And this particular -- an iteration
4 of this particular piece of legislation was put
5 in the one-house, and the financial attached to
6 that was $275 million.
7 SENATOR KRUEGER: Through you,
8 Mr. President, on the bill.
9 ACTING PRESIDENT AMEDORE: Senator
10 Krueger on the bill.
11 SENATOR KRUEGER: I want to thank
12 the sponsor for his answers.
13 I have to say this bill and the
14 previous bill I debated have similar themes,
15 although they're very different bills. They take
16 the position that they are bills for small
17 businesses. But I think they both flunk the test
18 of defining small business, because simply
19 defining a business as being somebody with less
20 than a hundred employees -- or, on the previous
21 bill, up to zero employees -- doesn't actually
22 get at the question are you a small business
23 trying to hold on and create jobs and economic
24 activity in our communities.
25 I think there's a perception if you
2409
1 say the word "small business" you mean those
2 mom-and-pop stores that need help, or start-up
3 companies that need help. And I actually would
4 love to work on legislation that was carefully
5 targeted to exactly those needs. And I've
6 actually seen many bills come to the floor of the
7 Senate that do sincerely have the goal of doing
8 that. Unfortunately, I think the way both of
9 these bills are written, they don't.
10 On this bill, it's actually taking a
11 tax that was designed for individuals to deal
12 with high property taxes when they were
13 lower-income or were what we call sometimes
14 property-wealthy and cash-poor. So the STAR was
15 designed to be a property tax exemption for
16 personal primary residents, for human beings up
17 to a certain income level. And I get it.
18 When you say you want to expand that
19 statute, which is what the sponsor has done, to
20 be a business tax deduction, you run into a whole
21 series of problems, and that I just tried to
22 highlight some of them here today.
23 One, it's not necessarily businesses
24 who are in fiscal trouble. Two, it can be LLCs
25 or giant corporations or some of the wealthiest
2410
1 people in this country who have broken their
2 business models up into lots and lots of
3 different individual corporate structures.
4 It isn't based on some income
5 measurement or need or gross or net or any kind
6 of income or formula of being in need. It just
7 says it's a tax reduction for small business.
8 But again, it's not defining the problem
9 correctly, and it's not defining the target
10 correctly.
11 And sincerely, trying to turn a
12 personal property tax reduction system into a
13 corporate business tax reduction model just isn't
14 the right way to do it. Even when you try really
15 hard, you're going to miss the mark.
16 It's yet another bill that needs to
17 be dealt with within the budget. And the sponsor
18 did say that it was in the one-house budget, so
19 there was an attempt. And I wasn't in the room
20 discussing why it failed as an attempt in
21 negotiations, perhaps because of some of the
22 issues I raised here today.
23 So it needs to be -- well, I don't
24 know that this bill needs to be rethought, with
25 all due respect. I actually think we have to sit
2411
1 down and say what are the real tax problems for
2 small businesses after we look at what we've
3 already done, because we've done quite a bit of
4 tax reduction for small businesses. And we've
5 also done radical changes in business taxes under
6 the federal law.
7 I think it's worthwhile for this
8 house to have at least a roundtable, if not a
9 sub-task force on looking at the changes in tax
10 policy for businesses that have been taking
11 place, the impact on actual small businesses,
12 what has worked and not worked in other places.
13 And I am more than willing to sit and really
14 explore the kinds of models that I actually think
15 could make a difference for our small struggling
16 businesses in New York.
17 But I would also argue that we need
18 to take a hard look -- because we brought up
19 property taxes in this bill -- at the fact that
20 we have a continuing and enormous problem for
21 personal property taxes for a large number of
22 people in this state, despite our cap, and that
23 we really need to go back to square one and say
24 what are we doing to help people who are actually
25 at risk of losing their homes or leaving the
2412
1 State of New York because their property taxes
2 are so high, and should we be revisiting
3 circuit-breaker bills -- I know that Senator
4 Little and I have worked on circuit breaker
5 proposals in the past, which I actually think are
6 well worth revisiting at this point in history.
7 And that we have to -- and there may
8 be other models. Apparently a Long Island
9 association of some kind -- I don't know which
10 one, Long Island colleagues -- came out with a
11 set of proposals just this week to deal with
12 their property tax problems, I just read an
13 article this morning.
14 So these are real issues. I want to
15 get to the right answers. Unfortunately, I have
16 to say this bill also doesn't get us to the right
17 answer. I appreciate the sponsor's effort. I'll
18 be voting no.
19 Thank you, Mr. President.
20 ACTING PRESIDENT AMEDORE: Senator
21 Brooks.
22 SENATOR BROOKS: Thank you,
23 Mr. President. On the bill.
24 ACTING PRESIDENT AMEDORE: Senator
25 Brooks on the bill.
2413
1 SENATOR BROOKS: We are in a
2 situation in this state where changes in the
3 federal tax law have dramatically changed the use
4 and the meaning of residential personal property
5 taxes. There are residents in my district and
6 districts across the state who live in homes that
7 have appreciated significantly in value over the
8 years, and they are being taxed as though the
9 value of that home is reflective of their
10 personal financial condition, and it's not.
11 The STAR program was put in place to
12 assist residential homeowners in that situation.
13 We're going to be in a situation in this state
14 that many individuals are going to be paying
15 taxes on their taxes. In my district there are
16 people telling me that under this new tax law,
17 they cannot stay in their home because the taxes
18 are just going to be too high -- people on fixed
19 incomes, seniors who spent their life funding the
20 community, are going to be in a position where
21 they're losing their home.
22 It's wrong to take a proposal that
23 was put in place to address personal income taxes
24 and use that application for a business
25 environment. And let us remember that in the
2414
1 business environment, all those taxes are
2 tax-deductible on their federal income tax
3 returns. There's no limitation. The homeowners
4 in this state have a limitation of $10,000 in
5 SALT-related deductions. They need help. It's
6 wrong that we move in this direction.
7 I agree with Senator Krueger, we do
8 have to help businesses, but not to use a tool
9 that was designed for residential property taxes
10 and make it an application to a business, at the
11 same time ignoring the needs of the residents of
12 this state who own homes and are paying excessive
13 property taxes now.
14 I'll be voting no on this bill.
15 Thank you.
16 ACTING PRESIDENT AMEDORE: Thank
17 you, Senator Brooks.
18 Senator Hoylman.
19 SENATOR HOYLMAN: Thank you,
20 Mr. President. I wanted to make a brief point.
21 I think the bill --
22 ACTING PRESIDENT AMEDORE: Senator
23 Hoylman on the bill?
24 SENATOR HOYLMAN: On the bill,
25 Mr. President.
2415
1 ACTING PRESIDENT AMEDORE: On the
2 bill.
3 SENATOR HOYLMAN: I wanted to make
4 a brief point about the bill where I think it
5 misses the mark on defining small businesses.
6 As was discussed by our colleagues,
7 small businesses is defined only on the number of
8 employees, 100 or fewer. Well, in the West Side
9 of Manhattan, I have to say -- which I
10 represent -- there are a number of technology
11 companies who have very few employees but very,
12 very high revenue.
13 For example, the company WhatsApp,
14 55 employees, qualifies under the sponsor's bill
15 as a small business. In 2014, the company was
16 acquired by Facebook for $19 billion --
17 19 billion. Don't think that's a small business.
18 Each employee was awarded $350 million in that
19 sale.
20 Second example, also on the West
21 Side of Manhattan, Instagram. In 2012, Instagram
22 only had 13 employees. Again, Facebook purchased
23 them for $1 billion. Not a small business.
24 I think the fatal flaw of this
25 possibly well-intentioned legislation is that it
2416
1 does not define revenue or evaluation of a small
2 business.
3 I'll be voting in the negative.
4 Thank you.
5 ACTING PRESIDENT AMEDORE: Thank
6 you, Senator Hoylman.
7 Senator Stavisky.
8 SENATOR SAVINO: Thank you,
9 Mr. President.
10 In Queens we have a lot of small
11 businesses, and in fact they are the backbone --
12 ACTING PRESIDENT AMEDORE:
13 Senator -- Senator Stavisky, excuse me. On the
14 bill?
15 SENATOR STAVISKY: On the bill.
16 ACTING PRESIDENT AMEDORE: On the
17 bill.
18 SENATOR STAVISKY: Thank you.
19 And they are the backbone of the
20 economic community that is doing fairly well in
21 much of Queens and certainly in my district.
22 And yet we are also a community of
23 people who own their own homes, own shares in a
24 corporation that own the building --
25 cooperators -- and we have renters. And our
2417
1 whole property tax structure is, I think,
2 misaligned in many respects. And this bill is
3 not going to remedy the problems that we have in
4 Queens County and really throughout the state.
5 And for that reason, and for the
6 reasons expressed by Senator Krueger and
7 Senator Brooks, I vote no.
8 ACTING PRESIDENT AMEDORE: Are any
9 other members wishing to be heard on the bill?
10 Seeing none, the debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT AMEDORE: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT AMEDORE: Senator
19 Akshar to explain his vote.
20 SENATOR AKSHAR: Thank you,
21 Mr. President.
22 Senator Krueger mentioned that there
23 seemed to be a theme as we were taking up some of
24 these bills today. Senator, there is. It's
25 about making New York more affordable and
2418
1 creating more opportunities for all New Yorkers.
2 That's why we're trying to advance this
3 legislation today.
4 I think one thing that we can all
5 agree on, whether we're from Binghamton or
6 Brooklyn or the North Country or Manhattan --
7 even the West Side of Manhattan, where Senator
8 Hoylman is from -- is that we have an abysmal
9 business climate. We're ranked almost dead last
10 in the nation in terms of our business climate.
11 ACTING PRESIDENT AMEDORE: Excuse
12 me, Senator Akshar.
13 Can we have some order in the house,
14 please. Thank you.
15 SENATOR AKSHAR: We have an abysmal
16 business climate, and we have to do something.
17 To my esteemed colleague Senator Stavisky, I
18 think doing nothing -- I'm not entirely sure that
19 that's the right thing to do. I think that this
20 would in fact help some people in your district.
21 And Senator Brooks mentioned that
22 the federal government is to blame for the taxes
23 and so on and so forth. Let us stop blaming the
24 federal government for our woes. Let us work
25 together and find common-sense solutions to help
2419
1 us reduce taxes for all New Yorkers, regardless
2 of where we're from. Property taxes are high, I
3 understand that. Much higher in the district
4 that you represent than they are in my district,
5 probably.
6 There's a great thing that we could
7 do here all, Republicans and Democrats. Medicaid
8 is a driver of property taxes, right? If
9 Medicaid is that important to us, which it is --
10 it's important to me, and I know it's important
11 to my friends across the aisle -- let us pay for
12 it. Let the state find the money to pay for it.
13 Maybe we could use some of the
14 billions and billions of dollars that we're
15 investing in failed economic development programs
16 around the state to pay for some of this stuff.
17 $275 million to do that? I would offer maybe we
18 shouldn't be putting colored lights on New York
19 City bridges. Or we shouldn't be creating bike
20 paths from Canada to New York City. Let us
21 invest some of that money in programs like this
22 so we can help reduce taxes for all New Yorkers.
23 I vote aye.
24 ACTING PRESIDENT AMEDORE: Senator
25 Akshar in the affirmative.
2420
1 Senator Brooks to explain his vote.
2 SENATOR BROOKS: Thank you,
3 Mr. President.
4 With response as to who's
5 responsible for the situation that we're in, let
6 us blame the federal government. Let us
7 recognize that many districts across this state,
8 and particularly on Long Island, have seen on a
9 infusion of students that are new to this
10 country, students that have no understanding of
11 the English language, students that are many
12 years behind in their educational knowledge,
13 students that are exceptionally expensive to
14 educate right now. They are people that have
15 been relocated to those communities by the
16 federal government. The federal government has
17 said that it is the responsibility of the local
18 community to fund the education of those
19 students, and then the federal government says
20 that the money you have to spend to educate these
21 students is not going to be deductible on your
22 federal taxes.
23 It's wrong. What's going on is
24 wrong. This argument that we've had in this room
25 of blame the federal government, don't blame
2421
1 it -- yes, blame the federal government. There's
2 an obligation being placed on some of these
3 communities that is unrealistic. The districts
4 that I talk to, they're telling me the average
5 cost of these students is between $40,000 and
6 $50,000 a year. And the community has to absorb
7 that expense and not get the benefit of a tax
8 deduction? Yes, blame the federal government on
9 this tax issue.
10 Thank you, Mr. President.
11 ACTING PRESIDENT AMEDORE: Senator
12 Brooks in the negative.
13 Senator Parker to explain his vote.
14 SENATOR BROOKS: I vote in the
15 affirmative.
16 SENATOR PARKER: Thank you,
17 Mr. President, to briefly --
18 ACTING PRESIDENT AMEDORE: You vote
19 in the positive.
20 SENATOR PARKER: -- to briefly
21 explain my vote.
22 And first let me just thank Senator
23 Akshar for his leadership on this issue. Again,
24 I think that it's actually critical that we
25 actually deal with the issue of both property
2422
1 taxes and taxes in general in the State of
2 New York, which are way too high, but then also
3 juxtapose that with the issue of business
4 development. And I think in this particular case
5 we're trying to kill two birds with one stone,
6 and it's not necessarily possible or it doesn't
7 necessarily equate that.
8 When we look at what -- one, I
9 think, you know, part of the questions that you
10 were hearing from Senator Krueger were really
11 about how do we in fact define small businesses,
12 and what is it that we are concerned about.
13 I am all for small business
14 development. It's been one of the things that
15 has been an important part of my tenure here in
16 the Senate. But we have to make a significant
17 distinction between petit bourgeois capitalism
18 and whether we're doing job creation. And we
19 certainly need to understand the difference
20 between microbusinesses and small businesses and
21 how we're defining them.
22 So we really ought to be looking
23 more at SBA models, right, Small Business
24 Administration models of how they define
25 businesses in a way that in fact creates job
2423
1 creation. So what we're looking for is job
2 creation, not just more activity in terms of the
3 economy. More activity in the economy without
4 job creation is not helpful to our communities.
5 So we're really looking at creating
6 full-time jobs at a living wage with benefits. I
7 think that conversation is more about technical
8 assistance and access to capital than it is about
9 property taxes. But certainly all of us know
10 that property taxes are way too high in this
11 state. We certainly need to continue our push to
12 make them smaller. And maybe some conversations
13 about school district consolidation around the
14 state may be needed. I have a bill that actually
15 would do that by county in the state and
16 certainly would be a way that we could save a
17 significant amount of money in the State of
18 New York.
19 Thank you, Mr. President.
20 ACTING PRESIDENT AMEDORE: Senator
21 Parker, how do you vote?
22 SENATOR PARKER: I vote negative.
23 ACTING PRESIDENT AMEDORE: Senator
24 Parker in the negative.
25 Announce the results.
2424
1 THE SECRETARY: In relation to
2 Calendar 910, those recorded in the negative are
3 Senators Addabbo, Alcantara, Bailey, Breslin,
4 Comrie, Dilan, Gianaris, Hoylman, Kavanagh,
5 Klein, Krueger, Montgomery, Parker, Peralta,
6 Persaud, Rivera, Sanders, Savino, Sepúlveda,
7 Serrano, Stavisky and Stewart-Cousins.
8 Absent from voting: Senator
9 Hamilton.
10 Ayes, 40. Nays, 22.
11 ACTING PRESIDENT AMEDORE: The bill
12 is passed.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO:
15 Mr. President, as to Calendar 911, we're going to
16 lay that bill aside for the day.
17 ACTING PRESIDENT AMEDORE: The bill
18 is laid aside for the day.
19 SENATOR DeFRANCISCO: There will be
20 an immediate meeting of the Republican Conference
21 in Room 332 after session.
22 Is there any further business at the
23 desk?
24 ACTING PRESIDENT AMEDORE: That
25 completes the controversial reading of the
2425
1 calendar. There is no further business at the
2 desk.
3 There will be a Republican Majority
4 conference in Room 332 immediately following
5 session.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: I move to
8 adjourn until Monday, May 7, at 3:00 p.m.,
9 intervening days being legislative days.
10 ACTING PRESIDENT AMEDORE: On
11 motion, the Senate stands adjourned until Monday,
12 May 7th, at 3:00 p.m., intervening days being
13 legislative days.
14 (Whereupon, at 12:32 p.m., the
15 Senate adjourned.)
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