Feb 13, 2008

Top of Form 1
Date: 02/13/2008
Session: Regular
361
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 February 13, 2008
11 1:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
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25
Candyco Transcription Service, Inc.

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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance to the Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by Father Peter
11 Young, of the Mother Theresa Community here in
12 Albany.
13 Father?
14 FATHER YOUNG: Thank you,
15 Senator. Let us pray.
16 As we approach Valentine's Day, we,
17 O God, might expect flowers and candy, but
18 instead we work and wake up to the snow and to
19 the sleet and to the rain. We thank God,
20 though, for Your blessings.
21 And we here in the legislative
22 body, we know that, God, You have never failed
23 to provide our New York State citizens with
24 dedicated Senators. May God pour forth His
25 blessings on our legislators and provide them

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1 with the spirit and courage to accept the many
2 demands of their elected office.
3 We ask You this forever. Amen.
4 ACTING PRESIDENT GRIFFO: Reading
5 of the Journal.
6 THE SECRETARY: In Senate,
7 Tuesday, February 12, the Senate met pursuant
8 to adjournment. The Journal of Monday,
9 February 11, was read and approved. On
10 motion, Senate adjourned.
11 ACTING PRESIDENT GRIFFO: Without
12 objection, the Journal stands approved as
13 read.
14 SENATOR SKELOS: Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Skelos.
17 SENATOR SKELOS: There will be an
18 immediate meeting of the Racing, Gaming and
19 Wagering Committee in the Majority Conference
20 Room.
21 And the Senate will stand at ease.
22 ACTING PRESIDENT GRIFFO: There
23 will be an immediate meeting of the Racing and
24 Wagering Committee of the Senate in the
25 Majority Conference Room.

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1 The Senate stands at ease.

2 (Whereupon, the Senate stood at
3 ease at 1:28 p.m.)
4 (Whereupon, the Senate reconvened
5 at 2:00 p.m.)
7 Senate will come to order.
8 SENATOR SKELOS: Mr. President,
9 if we could continue with the regular order of
10 business.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Skelos.
13 Presentation of petitions.
14 Messages from the Assembly.
15 Messages from the Governor.
16 Reports of standing committees.
17 The Secretary will read.
18 THE SECRETARY: Senator Larkin,
19 from the Committee on Racing, Gaming and
20 Wagering, reports the following bill direct to
21 third reading:
22 Senate Print 6950, by Senator
23 Bruno, an act to amend the Racing, Pari-Mutuel
24 Wagering and Breeding Law.
25 ACTING PRESIDENT GRIFFO: So

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1 ordered. The bill is reported direct to third
2 reading.
3 Reports of select committees.
4 Communications and reports from

5 state officers.
6 Motions and resolutions.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Thank you,
9 Mr. President.
10 On behalf of Senator Alesi, on page
11 number 17 I offer the following amendments to
12 Calendar Number 134, Senate Print Number 6634,
13 and ask that said bill retain its place on
14 Third Reading Calendar.
16 amendments are accepted, and the bill will
17 retain its place on the Third Reading
18 Calendar.
19 SENATOR FUSCHILLO: On behalf of
20 Senator Farley, I move that the following
21 bills be discharged from their respective
22 committees and be recommitted with
23 instructions to strike the enacting clause:
24 Senate Print Number 1845 and Senate Print
25 Number 5251.

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2 ordered.
3 SENATOR FUSCHILLO: Thank you.
5 you, Senator Fuschillo.
6 Senator Skelos.
7 SENATOR SKELOS: I believe there

8 are substitutions at the desk. If we could
9 make them at this time.
11 Secretary will read.
12 THE SECRETARY: On page 13,
13 Senator Skelos moves to discharge, from the
14 Committee on Health, Assembly Bill Number 9471
15 and substitute it for the identical Senate
16 Bill Number 6504, Third Reading Calendar 47.
17 On page 15, Senator Maltese moves
18 to discharge, from the Committee on Civil
19 Service and Pensions, Assembly Bill Number
20 9820 and substitute it for the identical
21 Senate Bill Number 6689A, Third Reading
22 Calendar 73.
23 And on page 28, Senator Larkin
24 moves to discharge, from the Committee on
25 Higher Education, Assembly Bill Number 9401

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4 substitutions are so ordered, and the bills
5 will retain their place on the Third Reading
6 Calendar.
7 Senator Skelos.
9 if we could go to the noncontroversial reading
10 of the calendar and, with the consent of the

11 sponsors, lay aside Calendar Numbers 47, 133,
12 156, 243, 275, and 278.
13 ACTING PRESIDENT GRIFFO: Those
14 bills are laid aside for the day.
16 THE SECRETARY: Calendar Number
17 73, substituted earlier by Member of the
18 Assembly Abbate, Assembly Print Number 9820,
19 an act to amend the Retirement and Social
20 Security Law.
21 SENATOR DUANE: Lay it aside,
22 please.
24 bill is laid aside.

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1 344, by Senator Bruno, Senate Print 6950, an
2 act to amend the Racing, Pari-Mutuel Wagering
3 and Breeding Law and the Real Property Tax
4 Law.
5 SENATOR DUANE: Lay it aside,
6 please.
8 bill is laid aside.
9 Senator Skelos.
11 if we can go to the controversial calendar.
12 And would you please call up
13 Calendar Number 73, by Senator Maltese.

15 Secretary will read Calendar Number 73 on the
16 controversial calendar.
18 73, by Member of the Assembly Abbate, Assembly
19 Print Number 9820, an act to amend the
20 Retirement and Social Security Law.
21 SENATOR DUANE: Explanation,
22 please.
24 Maltese, an explanation has been requested.
25 SENATOR MALTESE: Mr. President,

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1 this is an act to amend the Retirement and
2 Social Security Law in relation to the
3 establishment of retirement programs, to
4 permit members of the New York City Teachers
5 Retirement System and certain members of the
6 Board of Education Retirement System who are
7 subject to such law to retire prior to age 62
8 without a reduction in their retirement
9 allowance based upon such earlier retirement,
10 and to make conforming and technical
11 amendments.
12 Basically this establishes a
13 retirement program to permit members of the
14 New York City Teachers Retirement System and
15 certain members of the Board of Education
16 Retirement System to retire prior to age 62

17 without a reduction to their retirement
18 allowance based upon such earlier retirement.
19 This bill is at the request of the
20 Mayor and the UFT. The City of New York, as
21 part of their New York contract agreement with
22 the UFT, provided for the parties to negotiate
23 a cost-neutral 25/55 retirement for New York
24 City teachers only. This proposal will affect
25 only the New York City Teachers Retirement

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1 System.
2 This is an agreement after
3 discussions during the past year, and it
4 consists of basically of two parts, one for
5 existing employees and the other for new
6 employees.
7 For the existing employees,
8 existing employees would have a 180 day opt-in
9 window to participate in the 25/55 retirement
10 plan. These employees would not be mandated
11 to pay for the additional contribution of
12 1.85 percent for their previous years of
13 service, but they would have to pay the going
14 forward for each year until they retire.
15 So in effect, if there is an
16 employee who is 54 years of age and has 24
17 years of service, they would only have to pay
18 the additional contribution for that next
19 year, when they could in fact retire under

20 this plan if they wanted to.
21 The new employees would be mandated
22 into a 55/27 plan. These employees would be
23 required to pay the additional contribution of
24 1.85 percent on top of their current
25 contributions for the full time of service

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1 until they retire. Upon the attainment of
2 both 55 years of age and 27 years of service,
3 these employees could retire if they wished
4 to.
5 Fiscal note. For the fiscal years
6 2009 and later, for -- let's see. Generally
7 increase beginning fiscal year -- the impact
8 is -- the impact of this proposed legislation
9 is dependent upon the actual numbers of
10 members who elect to join the age 55 program.
11 The actuary prefers to determine employer
12 contributions based on those members who
13 actually become participants as of June 30,
14 2008.
15 It is estimated that employer
16 contributions to this would increase in the
17 fiscal year 2009 by approximately
18 $99.2 million, and by a comparable percentage
19 of payroll thereafter.
20 The Assembly counterpart, by
21 Assemblyman Abbate, has already passed the
22 Assembly.
24 you, Senator Maltese.
25 Senator Duane.

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1 SENATOR DUANE: Thank you,
2 Mr. President. If the sponsor would yield.
3 ACTING PRESIDENT GRIFFO: Will
4 the sponsor yield?
5 SENATOR MALTESE: Yes.
7 Duane.
9 Mr. President.
10 How broad is the range of dollars
11 that could potentially be incurred by passage
12 of this legislation? In other words, what is
13 the lowest anticipated amount of money that it
14 would cost as part of a fiscal note to what is
15 the largest amount possible?
17 Maltese.
18 SENATOR MALTESE: Well,
19 Mr. President, according to the fiscal impact
20 statement, the actuaries are indicating to us
21 that they want to base it, as of June 30,
22 2008, on how many members opt in.
23 They are indicating to us that it
24 would increase in fiscal year 2009 by
25 approximately $99.2 million and by a

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1 comparable percentage of payroll thereafter.
3 Duane.
5 Mr. President. And through you, if the
6 sponsor would continue to yield.
9 Maltese continues to yield, Senator Duane.
10 SENATOR DUANE: How many
11 teachers, potentially, would we be losing from
12 the New York City public school system if all
13 of those eligible opted to take this
14 retirement?
16 Maltese.
18 I didn't hear the end of the question.
19 ACTING PRESIDENT GRIFFO: Could
20 you repeat the question, Senator Duane?
21 SENATOR DUANE: How many teachers
22 would the New York City public school system
23 lose if every teacher that was eligible to
24 take this retirement decided to retire in
25 June?

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2 through you, we don't expect that to have a
3 negative impact on the New York City school
4 system. Basically NYSUT, who requested the
5 passage of the bill, has indicated to us that
6 they do not feel that this would have a
7 negative impact.
8 As far as the numbers, we could get
9 the numbers of the present teachers at or
10 around that age with that amount of service,
11 we could get that to the good Senator
12 subsequent to this session.
14 Duane.
15 SENATOR DUANE: Through you,
16 Mr. President, if the sponsor would continue
17 to yield.
19 Maltese, do you continue to yield?
22 Duane.
23 SENATOR DUANE: What is the --
24 currently, if a teacher with 25 years or more
25 of service retired without this legislation,

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1 to what would they be entitled?
3 Maltese.

5 I think -- those figures I would have to
6 obtain from NYSUT and get back to you.
7 But I'd like to just indicate from
8 the statement of support by NYSUT: "For
9 employees, the enactment of this legislation
10 would enable current and future members in
11 affected titles to retire without penalty at
12 age 55 or older after a full 25-year or
13 27-year career in education, in exchange for
14 an additional annual member contribution of
15 1.85 percent of payroll.
16 "Currently, members in Tiers 2, 3
17 and 4 experience up to a 27 percent reduction
18 in their annual pension benefit for life if
19 they retire prior to age 62 with less than 30
20 years of service."
21 The enactment of an
22 earlier-retirement-age benefit has been much
23 sought after by our educators and
24 school-related professionals alike, because it
25 enables them to retire earlier in order to

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1 care for sick loved ones or to deal with other
2 family or personal issues.
3 It is the position of both the
4 Mayor of the City of New York, the Senate
5 Majority, and NYSUT and the teachers union
6 that this enables us to be competitive for
7 teachers and not have our teachers from the

8 city school system going to other
9 jurisdictions to work and teach young people.
11 Duane.
12 SENATOR DUANE: Through you,
13 Mr. President, if the sponsor would continue
14 to yield.
15 SENATOR MALTESE: Yes,
16 Mr. President.
18 Duane.
19 SENATOR DUANE: Right now, if a
20 teacher is in Tier 3 and they retire after 25
21 years, what is the package that they get?
22 And the second part of that is, why
23 was the decision made by the sponsor not to
24 include Tier 3 in this legislation?

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1 through you, I don't have the exact figures on
2 that. It's something we could obtain for the
3 good Senator from UFT and NYSUT after this
4 session.
5 We have been assured by all parties
6 involved, and certainly in previous
7 discussions with the Assembly, that this is
8 something they need, this is something they
9 want. And all those legislators interested in
10 the education of our young people should be

11 for this legislation.
12 SENATOR DUANE: Mr. President, if
13 the sponsor would continue to yield.
15 Maltese, will you continue to yield?
17 But prior to yielding, I'd like to
18 remind the Senator and other Senators involved
19 that this was a result of a contract
20 previously negotiated and agreed to by all
21 parties.
23 noted.
24 Senator Duane.

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1 Mr. President. The sponsor is continuing to
2 yield?
3 ACTING PRESIDENT GRIFFO: Yes.
5 SENATOR DUANE: Why was the
6 decision made only to have this be for
7 New York City teachers? Why not for teachers
8 statewide?
10 Maltese.
12 the reason for that is that this was a
13 negotiation, as I've indicated earlier, a

14 negotiation agreed to. And they were the
15 ones, the parties to the contractual
16 agreement.
17 And, Mr. President, with your
18 consent, I'd like to indicate, in view of
19 many, many circumstances today, I'll be glad
20 to entertain an additional question from the
21 good Senator.
22 ACTING PRESIDENT GRIFFO: Okay.
23 Senator Duane.
25 Mr. President, but I actually didn't catch

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1 what the Senator said at the end, after
2 "entertain."
4 what I'm saying is that this contract has been
5 around a while, it's been much negotiated,
6 it's been much covered by the press. Both
7 unions have indicated by leaflets and mailings
8 to their members. The entire contract is
9 available for perusal by the good Senator.
10 And in view of all that, I would
11 indicate that I'll take one more question and
12 that's all.
13 ACTING PRESIDENT GRIFFO: Do you
14 have any further questions, Senator Duane?
15 SENATOR DUANE: Yes,
16 Mr. President, I do.

18 if the good Senator would indicate what he
19 feels is his premier, paramount question, I'll
20 be very happy to answer it.
23 Senator Duane?
25 Mr. President.

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1 On an issue so important fiscally
2 for the City of New York and indeed for the
3 State of New York, it would be extremely hard
4 for me to prioritize my questions, because
5 they're all very, very important.
6 And so I'm not going to be able --
7 I don't want my next question to be
8 misinterpreted in any way as the premier
9 question. But I will ask the next question on
10 my list of questions.
11 What is the average salary of those
12 teachers who are eligible or those who will be
13 affected? And by that I mean, just to be as
14 specific as I possibly can be, it's
15 1.85 percent of what amount?
16 ACTING PRESIDENT GRIFFO: Could
17 you repeat that question, Senator Duane?
19 Mr. President.
20 What is the average salary of the
21 teachers who are affected by this legislation,
22 those who could take this retirement? In
23 other words, when the sponsor said that it was
24 1.85 percent of their salary, what is that --
25 what I'd really like is to know the average

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1 salary and the median salary of those teachers
2 who would be potentially taking this
3 retirement plan.
5 Maltese.
7 I'm not an actuary. One of the reasons that I
8 became an attorney and a legislator is because
9 I had a great deal of difficulty.
10 Fortunately, my daughter is a CPA. If she was
11 here today, she'd be able to answer that
12 question.
13 I suggest that Senator Duane
14 contact the UFT or the mayor. These figures
15 were available to them. I believe they're
16 covered in the contract when they figured out,
17 when the actuaries figured out the
18 percentages. And I suggest again, most
19 respectfully, that the Senator read the
20 contract.

23 Senator Duane. On the bill?
24 SENATOR DUANE: Mr. President,
25 I'd like to try to ask the sponsor another

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1 question.
3 I will not yield to an additional question at
4 this time.
7 Senator Duane, do you wish to speak
8 on the bill?
10 Mr. President, I will speak on the bill.
11 Well, first, I just have to put out
12 there how saddened I am that the sponsor of a
13 piece of legislation that is so important and
14 has such an enormous fiscal impact on the City
15 of New York and on the State of New York, that
16 the sponsor of that legislation is unfamiliar
17 with the range of the fiscal impact that it
18 could have.
19 And I think that we're facing a
20 downturn in our state's economy, we don't
21 really know what the next revision of the
22 revenue will be in New York State. And the
23 city hasn't by any means come close to
24 completing their budget; they won't be doing
25 it until June. We have no idea what the

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1 fiscal downturn might be there.
2 And so for us to be doing this --
3 and, you know, of course I think that I and
4 probably most, if not all, of the members of
5 my conference are very favorably inclined
6 toward this. But unlike others, we usually
7 like to know what the fiscal impact is more
8 precisely.
9 And it's nice that the sponsor has
10 suggested I read the contract, but it sounds
11 to me like perhaps we're both guilty of not
12 having read the contract. But I do have to
13 say it's his bill, not mine. So you would
14 think he would have read the contract. And
15 maybe instead of -- maybe he didn't admonish
16 me, but making the suggestion that I read the
17 contract, maybe he should have read the
18 contract first.
19 So, you know, I'm willing to be
20 corrected on that, but there probably won't be
21 an opportunity since I'm not going to be
22 asking any more questions. So there won't be
23 any way to respond to that, which is always --
24 I hate to not have a chance to respond, as
25 many of you know. Not that I always have to

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1 have the last word, but I like to be able to

2 respond. But I digress.
3 Now, unfortunately, there were a
4 lot of allusions made to it was negotiated and
5 they negotiated. And I would have liked to
6 have had more precise language, because I
7 think some of the time the negotiations around
8 this piece of legislation were between the
9 City of New York and the UFT. Although some
10 of it may have been between NYSUT and the
11 state. And some of it might have been between
12 the UFT and the Majority, and some of it might
13 have been with the UFT and the Assembly
14 majority.
15 And I'm not going to ask any of my
16 colleagues, but I'm sure the UFT also
17 consulted with members of my conference. And
18 I'm sure that NYSUT consulted with members of
19 my conference on this as well. But since I
20 have the floor, I'm not going to go there
21 right now.
22 But you see where my confusion
23 would have been with all of this discussion --
24 it was negotiated and they negotiated and we
25 negotiated. And was it the chairs of the

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1 Finance Committees? Were the rankers of the
2 Finance Committees involved? Was the speaker
3 of the City Council involved? Was the Finance
4 chair of the City Council involved?

5 You can see where I would be
6 puzzled by this. But I guess I'll have to go
7 without answers. And frankly, I don't think
8 the answers to those questions would be in the
9 contract.
10 Anyway, now, I think that it is
11 unfortunate, also, that we are not going to be
12 able to get the answer on why it is that -- or
13 a more precise answer on why this is just a
14 retirement package or possibility, if you
15 will, being offered to New York City teachers
16 and not to teachers around the state.
17 I mean, it's possible that Nassau
18 County teachers have the right to take
19 advantage of this, but I don't know that to be
20 a fact. And it would be sad if they couldn't.
21 Suffolk County, also sad. Less time for
22 people to enjoy those beautiful beaches in
23 retirement. I don't know whether Syracuse
24 teachers have less time to go skiing.
25 It's always a shame when people are

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1 too old to go skiing because they're unable to
2 retire, and the ski season is predominantly
3 during the school year. And yet those
4 teachers who choose to live in the Snow Belt,
5 unable to use the best years of their lives
6 skiing -- not that the years later on aren't
7 great years, but usually your skiing

8 capability diminished. I know, mine too. I
9 have a new hip. I'm not even 55; my skiing
10 capacity is vastly diminished.
11 But I would have liked to have
12 known why it is that only New York City
13 teachers -- and I represent New York City, so
14 more power to them that they were able to
15 negotiate this. But I am curious as to why
16 they -- maybe they're going first. Maybe
17 we're going to see how it works out with them
18 and then we'll see how it is with other
19 teachers. Right? Possibly; right?
20 Maybe Westchester would be next.
21 Maybe the teachers in Westchester; right? I
22 mean, you know, there -- will this increase
23 property taxes in Westchester?
24 Buffalo, who wouldn't want to
25 retire at 55 if you live in Buffalo? Right?

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1 Who among us would not want to retire at 55
2 and enjoy activities in Buffalo? Gambling,
3 football -- but not gambling on football.
4 I would have liked to have known,
5 but I'm not going to know, I guess, as part of
6 this debate. But I hope I'll find out
7 afterwards.
8 I also am wondering who else is
9 being entitled besides the New York City
10 teachers to the 25/55 elements of this

11 legislation.
13 Duane.
15 Mr. President. So much to say about this
16 bill. And even though my time is not
17 fleeting, I have decided to let people have
18 their own thoughts about this legislation.
19 And I'm sure that the sponsor and
20 all of the other people involved will be more
21 than happy to answer any questions on the
22 side. And I'm sure that the contract could be
23 made available to anyone that wants to read it
24 by next time we're in session.
25 Thank you, Mr. President.

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2 you, Senator Duane.
3 Any other member wishing to be
4 heard?
5 Debate is closed. Ring the bells,
6 please.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)

14 Maziarz, to explain his vote.
15 SENATOR MAZIARZ: Thank you,
16 Mr. President, to explain my vote.
17 I was waiting here anticipating
18 some of the representatives of the city of
19 Buffalo to get up to take exception to Senator
20 Duane's comments about the city of Buffalo.
21 And since they didn't, I will.
22 Mr. President, as a proud resident
23 of western New York -- not a resident of the
24 city of Buffalo, not a representative of the
25 city of Buffalo -- for the record, I take

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1 exception to Senator Duane's comments about
2 Buffalo.
3 Buffalo is a great place to live,
4 work, raise a family. And it is the permanent
5 home of the Buffalo Bills.
7 (Laughter.)
9 Maziarz, how do you vote?
10 SENATOR MAZIARZ: I vote in the
11 affirmative.
13 Maziarz to be recorded in the affirmative.
14 Senator Duane, to explain his vote.
16 Mr. President.
17 ACTING PRESIDENT GRIFFO: May I
18 remind you, under Rule 9, two minutes.
20 Mr. President, I am quite aware.
22 you, Senator Duane.
23 SENATOR DUANE: I believe that my
24 comments may have been misinterpreted about
25 Buffalo, a city in which I've spent a great

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1 deal of time and which I like very much. In
2 which I've spent, as I say, a very large
3 amount of time.
4 My hesitation should not have been
5 misinterpreted as anything but that I had
6 actually used up a couple of things I was
7 going to say about Buffalo for other areas,
8 and so I was just trying to quickly come up
9 with unique things to say about the city of
10 Buffalo.
11 So, you know, I'm sorry if my
12 comments were misinterpreted. I would in no
13 way and I would never, ever say anything but
14 positive things about the city of Buffalo, a
15 city in which I, as I say, have spent a great
16 deal of time and which I have enjoyed spending
17 time in and which I plan on going back and
18 visiting many times in the future, and where,
19 frankly, I've really not had any downtime

20 because there was so much to do.
21 So I'm sorry if it came off that
22 way. I didn't intend for it to come off that
23 way. I am a big fan of the city of Buffalo.
24 Thank you, Mr. President, I vote
25 yes.

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2 Duane to be recorded in the affirmative.
3 SENATOR MAZIARZ: For the record,
4 apology accepted.
5 ACTING PRESIDENT GRIFFO: Apology
6 is accepted.
7 Announce the results.
8 THE SECRETARY: Those Senators
9 absent pursuant to Rule 9, Senator O. Johnson.
10 Those Senators absent from voting,
11 Senators Bonacic and Farley.
12 Ayes, 53. Nays, 0.
14 bill is passed.
15 Senator Bruno.
16 SENATOR BRUNO: Thank you,
17 Mr. President.
18 With the consent of the Minority,
19 can we at this time return to the
20 noncontroversial calendar and take up Bill
21 Number 344.

23 ordered. On the noncontroversial calendar,
24 the Secretary will read.
25 THE SECRETARY: In relation to

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1 Calendar Number 344, Senator Bruno moves to
2 discharge, from the Committee on Racing,
3 Gaming and Wagering, Assembly Bill Number 9998
6 ACTING PRESIDENT GRIFFO:
7 Substitution so ordered.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President, is
10 there a message of necessity and appropriation
11 from the Governor?
13 is a message of necessity and appropriation at
14 the desk, Senator Bruno.
17 344, substituted earlier by Member of the
18 Assembly Pretlow, Assembly Print Number 9998,
19 an act to amend the Racing, Pari-Mutuel
20 Wagering and Breeding Law and the Real
21 Property Tax Law.
22 SENATOR BRUNO: Move to accept
23 the message from the Governor.
24 ACTING PRESIDENT GRIFFO: All in
25 favor of accepting the message of necessity

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1 and appropriation from the Governor signify by
2 saying aye.
3 (Response of "Aye.")
5 Opposed, nay.
6 (No response.)
8 message is accepted.
9 Senator Bruno.
10 SENATOR BRUNO: Can we call the
11 roll on the bill that's before us on the
12 floor.
14 Secretary will read the last section.
15 THE SECRETARY: Section 32. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
21 Diaz, to explain his vote.
22 SENATOR DIAZ: Thank you,
23 Mr. President.
24 This is a bill that we are
25 appropriating $105 million, plus another

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1 appropriation of $250 million to an

2 organization that this is the second time that
3 this organization goes into bankruptcy.
4 When we don't have money for the
5 City of New York, for the New York City
6 Housing Authority to bail out the New York
7 City Housing Authority, we don't have money to
8 keep hospitals open, we are cutting services
9 to senior citizens, we are cutting services to
10 needy people -- and we are assigning
11 $305 million plus $250 million that we did
12 many years ago and they never paid.
13 This is something ridiculous. This
14 is something that's -- as Curtis Sliwa said,
15 "Disgracia." I mean, we need money in the
16 City of New York for housing, we need money to
17 keep the hospitals from closing. The Governor
18 is saying that we have a $4 billion deficit.
19 Cutting services to senior citizens, the City
20 of New York Housing Authority -- I'm going to
21 repeat myself again, the City Housing
22 Authority of New York needs money.
23 We don't have money for the poor
24 people for the city housing, but we have money
25 to bail out a gambling organization that has

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1 been bankrupt over and over and over. And we
2 know, no means of paying back already
3 $250 million. Together we are spending
4 $605 million on this organization.

5 I think that this is a waste of
6 money to an organization that has proven to be
7 a neglectful organization, an organization
8 that cannot run itself. This organization
9 should be closed.
10 So, ladies and gentlemen, I'm
11 voting no in the name of the needy people in
12 my district.
14 Diaz, how do you vote?
15 SENATOR DIAZ: No. In the name
16 of the needy people in my district.
18 Diaz is to be recorded in the negative.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President,
21 colleagues, to explain my vote.
23 Bruno, to explain his vote.
24 SENATOR BRUNO: There's a lot of
25 confusion, apparently, in some people's minds

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1 about what we're doing.
2 What we're doing is something that
3 has been contemplated for years. We are
4 trying to fix the model that runs racing in
5 New York State. And we are trying to fix and
6 increase the economic impact, the tourism,
7 money for education, by fixing a model that we

8 know doesn't work.
9 How do we know? Because, through
10 many administrations, we are in bankruptcy
11 with horse racing in New York State. We are
12 in debt $364 million.
13 Now, there are, Senators, 40,000
14 people employed, many of them your
15 constituents. So while we talk about a
16 bailout, what we're really talking about is
17 putting New York State in a position -- and I
18 think we do a lot of that with this
19 legislation -- so that we can be the premier
20 racing state in the whole world. That's the
21 objective. And this is a giant step in that
22 direction.
23 Is this bill perfect? Does it do
24 everything that should have been done
25 presently? No, it does not.

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1 We deferred the OTB discussion. We
2 had problems with the OTBs, starting with
3 New York City. We have to fix that. That's
4 critically important.
5 We don't have VLTs at Belmont in
6 this bill. We don't have them at Aqueduct.
7 But this bill indicates that within 30 days,
8 that will get resolved and we will make
9 decisions going forward.
10 Now, why is that important? That

11 drives tens of millions of dollars ultimately
12 to education. That's really the objective.
13 To horse racing, which is an economic
14 impact -- just had one small community in
15 Saratoga, it's about $220 million a year
16 outside of the effect of the horses running.
17 Aqueduct, Belmont.
18 The rest of what this bill does
19 that you want to be aware of when you're
20 voting up or down is it pretty well fixes the
21 standardbred problems that we have around this
22 state. Vernon Downs, closed. Tioga talking
23 about closing. Yonkers talking about closing.
24 There's thousands of people employed, and
25 there's millions of dollars in cash flow that

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1 no longer will take place.
2 This bill, Senators, fixes that for
3 the standardbred tracks around this state. It
4 fixes it.
5 So the economic impact that we're
6 making here is extremely positive. Creates
7 transparency, accountability. It fixes the
8 model that hasn't worked in this state for
9 years and years and years. It's a very
10 positive thing, and I am proud to vote yes.
12 Bruno to be recorded in the affirmative.
13 Senator Maltese, to explain his

14 vote.
16 I of course echo what the Majority Leader has
17 just indicated.
18 On behalf of the communities in
19 Queens County, on behalf of the people in
20 New York City, especially the people in Ozone
21 Park and South Ozone Park, I want to express
22 my appreciation for the Majority Leader for
23 staying in there and fighting for the
24 continuation of Aqueduct.
25 I also wish to express appreciation

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1 to my Assembly counterparts, especially
2 Assemblywoman Audrey Pheffer, who has fought
3 for the people in the surrounding communities
4 through these years of negotiations, as did
5 Assemblyman Seminerio and Assemblywoman Titus.
6 We represent the community most immediately
7 involved.
8 At the same time, the entire State
9 of New York is involved here, because the
10 education of our children is at stake and the
11 extra funds that would go toward that
12 education.
13 This bill is in many ways a
14 landmark bill, because we have been able to
15 negotiate a place for an advisory board that
16 can protect the surrounding community. A

17 community board, Community Board 10, will have
18 input as far as the members of the advisory
19 board. That's important.
20 Tip O'Neill said at one time "All
21 politics is local," and this is especially
22 local for us in the surrounding community. We
23 are interested, we are concerned about the
24 funds that will come to New York, that will
25 come to our children for education.

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1 We are also concerned that we have
2 192 acres, a garden spot that can be returned
3 to the city and to the state, a garden spot
4 that at one time saw handles of over
5 $1 million in one day, that saw attendance
6 records being set at over 70,000. We want to
7 return that.
8 This is a step, this is a
9 significant first step. And I vote aye,
10 Mr. President.
12 Maltese to be recorded in the affirmative.
13 Senator Larkin, to explain his
14 vote.
15 SENATOR LARKIN: Thank you,
16 Mr. President.
17 You know, quite often around this
18 house we get all wrapped up around the axle
19 and there's no grease to move us. But I think

20 if you start to realize two years ago when we
21 started this, two years ago was captured on
22 the October 2001 that said we would do tracks,
23 we would do VLTs. The goal line was to create
24 funding, to provide additional funding for
25 schools, K through 12.

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1 Everybody's not going to be happy
2 with this bill. I've never seen one in
3 30 years that I would sign my life away for
4 100 percent. But the guidance that we were
5 given from Senator Bruno and from the
6 communities -- Senator Skelos and I had the
7 hearing at Belmont, Senator Craig Johnson was
8 there with us, when we went down with Senator
9 Maltese and Aubry, with Aqueduct, and we heard
10 their concerns. And what we have in this bill
11 is 99 percent of what they wanted.
12 They wanted an advisory, they
13 wanted a way to say something, they were
14 worried about the property tax NYRA had been
15 paying which was planning to be cut out.
16 Labor wanted to know what's going to happen to
17 them. And Senator Bruno said, "Listen, we're
18 a community. We're New Yorkers. We're going
19 to work for one another."
20 And, you know, you can all find
21 fault with all of this. But take a step back
22 and look at that mirror and see what we have

23 accomplished. Some of the shortfalls, some of
24 the money that we're going to put out, look
25 and see how we're going to recover it. And

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1 then we will be in a better position to raise
2 additional money to put into that school.
3 So don't always look at the
4 negative things. Start to look at some of the
5 positives.
6 At some of the meetings that were
7 held here this week, that staff, Finance
8 staff, Senator Bruno's personal staff, they
9 were here 17, 18 hours a day. It doesn't make
10 them big heroes because they work in that
11 vacuum of trying to create something so that
12 we can vote on it.
13 Those of you who want to vote no on
14 it, that's your business. But let me just
15 tell you one thing. When you do it and you
16 haven't looked at some of the issues upstate
17 that we have, some of them that we have in the
18 city -- our goal here was one thing, to create
19 something that we could live with.
20 Can we improve on it? Yes. We've
21 got to a budget to do, and we've a closing
22 session to do. So instead of going out and
23 bitching, moaning and complaining, come to one
24 of us and say, These are my concerns.
25 And I have to say thank you to

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1 Senator Sabini, because he was excellent in
2 working with us on many of the issues that
3 were essential to get this done.
4 Thank you.
6 Larkin will be recorded in the affirmative.
7 Senator Skelos.
8 SENATOR SKELOS: Thank you,
9 Mr. President.
10 I listened very closely to Senator
11 Bruno and Senator Larkin. And quite frankly,
12 I want to congratulate them on, you know,
13 bringing so many things to fruition, saving
14 upstate tracks and certainly continuing
15 racing.
16 My concern is, and the reason why
17 I'll be voting no, is because of the failures
18 throughout the year of NYRA. And certainly I
19 hope the changes that have been made will turn
20 that around.
21 Since 1990, attendance at Belmont
22 has dropped 60 percent, from 955,000 to
23 378,000. And betting has gone from
24 $215 million to $93 million. And certainly
25 that is a hit on monies that we could be using

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1 for education.
2 My real disappointment in the
3 process has been, quite frankly, the failure
4 of leadership on behalf of Governor Spitzer,
5 and the fact that Speaker Silver, day after
6 day after day, has said no to putting VLTs at
7 Belmont.
8 And as a compromise, when we came
9 up with the concept of treating Belmont in the
10 Elmont community -- because it's not just
11 about Belmont, it's about the community -- as
12 a host community where they could receive
13 funding for economic development, they could
14 receive funding for police protection because
15 of the high crime rate that's caused by the
16 track.
17 And the school district, where
18 there are 77 different languages, 77 different
19 languages spoke, they need the additional
20 funding so that the young people can get the
21 education that they deserve.
22 And I want to point out the great
23 job that the Elmont school district is doing,
24 despite the fact that it is a community in
25 transition -- Caribbeans, African-Americans,

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1 Hispanic, Asians, white. That high school has
2 one of the highest scores in history by
3 African-Americans in this country -- not just
4 in this state but in this country. And that's

5 an indication of how well the school district,
6 despite the odds against them and the lack of
7 funding, how they're educating kids.
8 Now, NYRA. They've fallen back on
9 taxes by $21 million, deadbeats to Nassau
10 County.
11 When the community, because of the
12 state of disrepair, volunteered to paint the
13 fences -- Home Depot was going to donate the
14 paint -- NYRA said no. They wouldn't even let
15 them do that. Wouldn't let them mow the lawn
16 so the area is more presentable. Wouldn't let
17 them put flowers in flower boxes so the area
18 would be more presentable.
19 And only when it came to the point
20 where they were concerned, where they were
21 concerned about the franchise being extended,
22 did they allow the community to do something
23 positive.
24 I thank Senator Bruno, because he
25 has been there in terms of fighting to get

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1 VLTs at Belmont. But I think we all know in
2 this business that you need two to tango in
3 Albany. And the Speaker has repeatedly said
4 no -- not to Belmont, I'm talking about the
5 people of Elmont -- and the Governor did not
6 show the leadership and partner with Senator
7 Bruno to bring VLTs.

8 Now, the Governor has made certain
9 statements that it's in his budget. The
10 Governor puts $250 million anticipated
11 revenues from Belmont, but it is not linked to
12 VLTs going to Belmont. So that's a sleight of
13 hand where I believe the Governor is wrong.
14 Now, some people may say to me, you
15 know, it's not a lot of your district. It's a
16 good part of my district, people that live in
17 that area. Some people will say to you, you
18 know, Senator Skelos, politically -- probably
19 I get probably 30 percent of the vote there.
20 It's a Democrat community. And I'm sure that
21 Governor Spitzer and some of the local
22 Democrats that run there probably get 70, 80
23 percent of the vote.
24 But it's not about the vote. It's
25 about doing the right thing for the great

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1 people of Elmont. These are people, many
2 people new immigrants, some of them
3 participating in government for first time by
4 being activated to do something positive for
5 their community. Not looking for a handout,
6 looking for a helping hand from the Governor
7 and the Speaker. And that helping hand has
8 been slapped down by them today.
9 So I thank you, Senator Bruno, for
10 what you've tried to do. And I'm hopeful,

11 through your good efforts, that when the
12 budget is concluded that we will have VLTs, we
13 will have host community money -- not for
14 Belmont, but for the people of Elmont.
16 Skelos to be recorded in the negative.
17 Senator Craig Johnson.
18 SENATOR C. JOHNSON: Thank you,
19 Mr. President.
20 To almost paraphrase from the
21 famous movie Casablanca, I'm shocked, I'm
22 shocked that Senator Skelos and I would agree
23 on an issue.
24 I too do not support this
25 agreement. Simply put, this deal is a raw

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1 deal for the residents of Niagara County and
2 in particular the residents of Elmont and
3 Floral Park, which shares the Belmont track.
4 The fact is is that today we're
5 bailing out a bankrupt entity, not once but
6 twice. As you may recall, there was a
7 previous bailout of NYRA. And we're bailing
8 them out again today. I'll take the phrase
9 it's almost like we're throwing good money
10 after bad.
11 The fact is is that we're not just
12 bailing out a bankrupt entity, we're bailing
13 out an entity that has not been a very good

14 neighbor to the residents of Elmont and to the
15 residents of Floral Park.
16 And I agree that there is a need
17 for VLTs at Belmont. I find it amazing that
18 we sit here and we talk about and we hear how
19 it's only been one partner, supposedly, that
20 doesn't want VLTs. But everything I've heard
21 from the Governor is he has been fighting for
22 VLTs at Belmont.
23 And this is a Governor who has been
24 reaching out and helping the residents of
25 Elmont. Just two weeks, the Empire State

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1 Development Corp. announced a $2.5 million
2 grant for the restoration of the Argo Theater
3 in Elmont. And I congratulate Senator Skelos;
4 I know he had a lot to do with that -- you
5 know, before my time -- and Assemblyman
6 Alfano. And I congratulate you on that. It's
7 a very important project.
8 But to sit here today and blame the
9 Governor? Quite frankly, the Senate Majority
10 was at that table for over a year. And that's
11 something we've been fighting for and we've
12 been asking for for over a year.
13 So before we blame and point
14 fingers at one another, let's put the
15 partisanship aside and let's talk about the
16 needs of the Elmont and Floral Park community.

17 Let's talk about the needs of the residents of
18 Nassau County, a county that needs the money
19 and the revenue from the VLTs, revenue that
20 will go to Nassau County, hopefully go to the
21 Village of Floral Park, go to the residents of
22 Elmont through some sort of vehicle.
23 But let's talk about what's also
24 lacking in this agreement, which is extremely
25 troubling. And Senator Larkin brought it up

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1 when he talked about the advisory boards. And
2 it's amazing that the advisory boards can
3 exist in Saratoga -- oh, and they can exist at
4 Aqueduct -- but no one seems to want to put in
5 an advisory board for Elmont or for Floral
6 Park. There's no advisory board for Belmont
7 Track.
8 The voices of Elmont and Floral
9 Park deserve to be heard when it comes to
10 Belmont.
11 I ask the Senators to drive down
12 Route 24 -- I know Senator Skelos does it, I
13 do it when we visit our districts. And we do
14 share Elmont. And you can see the lack of
15 economic development that goes on right by
16 Belmont.
17 I listen to the voices, the same
18 voices that came to that hearing at the Elmont
19 Library, and they talked about wanting to have

20 their voice heard. And it's remarkable that
21 in the negotiations, no one seemed to want to
22 put in an advisory board for Elmont, or Floral
23 Park, for Belmont.
24 Why is that? Why are we silencing
25 the voices of these residents? These

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1 residents who work hard, who play by the
2 rules, and who simply want to live a normal
3 American dream -- and who have to shoulder the
4 burden of Belmont Racetrack.
5 Do you know that there are chickens
6 that run around the Belmont Racetrack, that
7 run around the community of Elmont? For
8 goodness' sakes. Why can't we have an
9 advisory board?
10 Now, I will be fighting tooth and
11 nail from this point on to make sure we get
12 those VLTs, to make sure we get that host
13 community money for Elmont and Floral Park,
14 because there are two communities that share
15 this. But we need to have an advisory board.
16 We need to make sure that the voices of Elmont
17 and Floral Park that for years have been
18 ignored by NYRA -- years, decades -- are no
19 longer.
20 But today this agreement, this bill
21 that showed up at 7 o'clock this morning,
22 103 pages long, I cannot support. I cannot

23 support because it's not in the best interests
24 of the residents of Floral Park, of Elmont,
25 for the residents of Nassau County, for the

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1 residents of New York State.
2 I vote no, Mr. President. Thank
3 you.
5 Craig Johnson to be recorded in the negative.
6 Senator Sabini.
7 SENATOR SABINI: Thank you,
8 Mr. President, to explain my vote.
9 On a complicated matter like this,
10 there's never going to be, as Senator Larkin,
11 Chairman Larkin said, a perfect solution. And
12 there's lots that you can cite in this bill
13 that aren't perfect.
14 I'm delighted that the Majority
15 Leader mentioned OTB. We really do have to do
16 something for New York City OTB. Our former
17 mayor in New York City used to say it was the
18 only bookmaker that couldn't make a profit.
19 That's not true; they make a
20 profit. We just have had a legislative
21 construct over 40 years in Albany that had a
22 lot of hands in their pocket before their
23 balance sheet was finished. They can't make a
24 profit because we take the profit from them.
25 They make money.

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1 I'm delighted to see that there's
2 going to be new appointments to the new,
3 publicly scrutinized board of NYRA. They'll
4 have to respond to the Comptroller. They'll
5 have to have open meetings. Because, frankly,
6 their leadership has been calcified.
7 I voted against the last bailout.
8 I had a lengthy colloquy with the Majority
9 Leader on the floor here about that. It
10 shouldn't be lost on people that the Rosary
11 Societies and the restaurants in Queens
12 County -- Queens County, where Aqueduct and
13 Belmont, some of Belmont is located, all of
14 Aqueduct is located -- when they have a Day at
15 the Races, where do they take their
16 parishioners or their customers? They go to
17 Monmouth, in New Jersey, an hour and a half
18 away, rather than going to Belmont.
19 Why? Walk around Belmont, take a
20 look. The picnic tables are broken. The
21 grounds aren't kept. They don't want those
22 people there. We don't market our tracks,
23 NYRA doesn't market the tracks for businesses
24 to have events like they do at the
25 Meadowlands. It doesn't happen.

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1 So by putting these new people on

2 the board, through the Governor's efforts at
3 expanding the board, I hope he taps into some
4 really smart people who, unlike the prior
5 leadership of NYRA up until now, are just not
6 interested in having their little horses run
7 around the track, but understand that they're
8 stewards of an asset of the people of the
9 State of New York, that we now can claim
10 ownership to these tracks as well as a result
11 of this agreement. Because it is an asset.
12 We should be marketing them better.
13 And there are lots of people in the
14 racing business now, thoroughbred and
15 standardbred, that understand that. And we
16 should be tapping into their knowledge.
17 People like Jeff Gural, who doesn't
18 need to be in the racing business -- he's got
19 a very successful business on his own -- but
20 he happens to love it. And his tracks will
21 flourish under this agreement.
22 People like Mike Dubb, who's a
23 developer, who with his own money went into
24 the backstretch at Belmont and created a
25 childcare center for the children of the

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1 backstretch workers who live under deplorable
2 conditions that NYRA let happen. Deplorable.
3 If we saw films of that in other countries,
4 we'd be horrified by it, and it's right in our

5 backyard.
6 So by putting new blood on the
7 board and opening it up for public scrutiny, I
8 believe we've done a good thing. We shouldn't
9 be killing off racing. They had no right to
10 say they were going to close today or
11 tomorrow. They have labor agreements. They
12 can't do that. There's a state oversight
13 board; they can't do that. Shame on them for
14 putting us on this brink.
15 And part of me said, you know what,
16 let them try it and let them try and claim
17 that they own the land and the plant and the
18 equipment because they claim they paid the
19 water bill for 50 years. We can litigate it.
20 We have lawyers. They're in bankruptcy, they
21 have other problems.
22 But we shouldn't play brinksmanship
23 with what could a great asset to our state and
24 an industry that employs lots of people
25 throughout the state -- that actually is

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1 almost the perfect industry for New York State
2 because of its agricultural component, because
3 of its urban component, because of its tourism
4 component in Saratoga. It's a microcosm,
5 really, of some of our economy in New York
6 State because it has so many facets to it.
7 We can't let it close. And we

8 shouldn't let it wither on the vine, and
9 that's what's happened for the last 25 or 30
10 years.
11 So I hope that the people coming
12 onto this board will bring new energy, new
13 ideas. You know, a lot of us got to meet the
14 folks from Capital Play in this process. They
15 have some really brilliant ideas about
16 marketing our racetracks. We should be using
17 them, using their efforts to make the tracks a
18 place people want to go to again, so that
19 corporate events will be held there, Day at
20 the Races will be held there. Places that --
21 it will be a place that people will feel
22 welcome at.
23 So rather than close down an
24 industry that I think is important to our
25 state, rather than lose the jobs in Queens

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1 County, I think we have to look at the
2 totality of this.
3 I compliment the Governor and the
4 Majority Leader and Chairman Larkin for their
5 leadership on this.
6 I think there should have been more
7 dialogue with all the stakeholders involved,
8 including some people in the Legislature who
9 have some knowledge of this. But by and
10 large, I think this is a solution we can live

11 with that has the scrutiny, that has, in every
12 four years, a sort of break point that an
13 oversight board can stop bad things from
14 happening, that has the Comptroller involved
15 in scrutinizing the finances of it, that will
16 stop things like the stupid selling off of the
17 paintings they tried to do a few years ago to
18 keep the doors open.
19 I mean, what are we talking about?
20 This is -- it was run very, very poorly. I
21 admit that. And that's why I voted no on
22 every bailout.
23 I don't think this is a bailout for
24 NYRA, I think this is an attempt to make
25 racing good again for everyone in New York

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1 State. And you will not recognize NYRA the
2 way it was if the Governor has his way and
3 this bill comes to fruition. I believe we'll
4 have better oversight, better management, and
5 I hope better people involved.
6 I'll be voting aye.
8 Sabini to be recorded in the affirmative.
9 The chair would like to remind the
10 members that we are on explanation of votes.
11 Senator Liz Krueger.
12 SENATOR DIAZ: You called me.
13 You called me.

15 Indicated by Senator Diaz.
16 SENATOR LIZ KRUEGER: Thank you.
17 To explain my vote.
18 I want to say publicly how much I
19 appreciate Senator John Sabini's
20 thoughtfulness about this issue and this bill
21 and this industry. I constantly turn to him
22 for information and advice about where I
23 should go on voting on issues around racing
24 and wagering, because I confess I don't
25 understand them very well.

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1 And to be honest, I'm not sure I
2 want to learn all the ins and outs of
3 gambling, because there so many issues in
4 state government to focus on where we haven't
5 been doing a good job.
6 And yet -- and I listened to him
7 earlier today, and I listened to him make the
8 arguments pro and con, and I just listened to
9 him now, and there are some better pieces of
10 this bill, there are some parts of hopefully
11 the future of NYRA that I can be more
12 comfortable with. But I end up finding myself
13 voting no today anyway.
14 And I'm sorry, I do hold this
15 chamber responsible and the Senate Republicans
16 responsible. You've been telling us for years

17 you knew the right answers for racing in the
18 state, Senators, but you didn't, and we keep
19 making mistakes. And we keep not having the
20 right answers in racing and wagering.
21 So I heard the discussion today
22 about all the things that couldn't be done or
23 should have been done but aren't in this bill.
24 And I say you've been the house leading the
25 charge on racing and wagering. The Assembly

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1 has been holding back in concern. Senator
2 Sabini's issues haven't been addressed.
3 I think the Governor, as Senator
4 Sabini just said, has some good ideas that got
5 put into this bill. But when I sit here and
6 ask myself the question -- we're encouraging
7 more gambling, we're not clear, still, whether
8 we'll actually make money for the educational
9 system of the State of New York, we keep
10 trying to do partial fixes that don't get us
11 to the places other states are -- I'm not
12 satisfied.
13 And I share the concerns of some of
14 my other colleagues who spoke out before.
15 We're in a budget year where we're told we
16 have no money for housing, we have no money
17 for healthcare, we're telling ou educational
18 institutions either you can't have the money
19 we hoped you could or you have to go into the

20 gaming business also before you can get your
21 money.
22 And I'm saying, why are we letting
23 NYRA off the hook for the $250 million we lent
24 them in the past because they never could
25 figure it out?

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1 And I share the concerns about the
2 promise of all the money from VLTs when it's
3 still not clear to me that we ever get the
4 return that we say we're going to.
5 So I have mixed feelings about this
6 bill and could have seen myself going either
7 way. But I do have to say that a bill that
8 shows up at 7:00 a.m. in the morning on the
9 day you're asked to vote for it, a bill where
10 the person whose expertise I respect, Senator
11 Sabini's concerns were not factored in enough,
12 the fact that we've known about this issue for
13 years and that this is the best we could do --
14 I don't think it's good enough. And I'll vote
15 no.
18 Liz Krueger to be recorded in the negative.
19 Senator Hannon.
20 SENATOR HANNON: Thank you,
21 Mr. President.
22 I come looking at this bill as

23 somewhat an outsider to the debate that's been
24 going on. And so I look at it with the common
25 sense of what's been happening in the

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1 community. And I'll address that. But I also
2 look at it as the common sense of what's been
3 happening for racing in this state.
4 All of us, when we think about
5 racing, if we don't follow it day to day, we
6 think about the Kentucky Derby, part of the
7 Triple Crown. What's the last part of the
8 Triple Crown? The Belmont Stakes.
9 You would think, with all the
10 criticism generated by the Governor, his
11 Attorney General, all the criticism of NYRA by
12 other people, that when we come to looking at
13 racing, we'd be trying to take a vision, where
14 are we going, what are we doing, how are we
15 going to raise the whole level of what has
16 been a gem of athletic events in the United
17 States.
18 Senator Sabini touched upon it, the
19 need for marketing, the need to make it a
20 destination. It's not here. And while I
21 appreciate, Senator Johnson, your comments in
22 trying to defend the Governor, he's been
23 silent. Not in his State of the State, not in
24 the budget, not in any reports. You read the
25 MOU that they put out, one line about Belmont.

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1 No vision. No direction. No
2 goals. And that's what I really object to.
3 This Belmont Track sits at the
4 intersection of public transportation. The
5 Long Island Railroad has a special station for
6 it. It's at the center of highways. There's
7 a special exit right off the Cross-Island
8 Parkway. There's major parking.
9 And what's the hallmarks of Belmont
10 recently? They rent the parking lot out to
11 automobile dealers to park excess cars. It's
12 there for all of us to see. It's a lack of
13 vision. That's my major problem.
14 There's been hard slogging.
15 Senator Bruno set up his vision. He's made
16 proposals, he's said this is where we had to
17 go. You're wrong, Senator Krueger, for trying
18 to have it both ways. We have been in
19 leadership. But if you don't get an Assembly
20 and you don't get a Governor, then you can't
21 get anyplace. So we've been there.
22 And we've also been there --
23 Senator Larkin and Senator Skelos and I had a
24 hearing, Senator Craig Johnson was there. The
25 community is outraged. Can you imagine? The

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1 community wants to volunteer to paint the

2 fence, and NYRA wouldn't let them.
3 When the franchise started to get
4 into the question about renewal, they had a
5 change of plans. But what did they do? Not
6 very much. They just rented the parking lot
7 out to more automobile car dealers.
8 This is only a way stop. We need
9 to go much further. We need to do something
10 with these gems of economic possibility that
11 we have in NYRA, and we need to go further.
12 I'm voting no.
14 Hannon to be recorded in the negative.
15 Senator Bruno.
16 SENATOR BRUNO: There being no
17 further speakers to explain their vote, I
18 would like to just commend Senator Larkin, and
19 Assemblyman Gary Pretlow in the other house,
20 and Senator Sabini for the good work that was
21 done here to get a new NYRA in place.
22 And that's what this is. A new
23 NYRA, a giant step forward, as we have all,
24 that are supporting this, discussed. And it
25 is a giant step, not the final step. There's

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1 lots more that can be done. But we're doing
2 something that is very positive for the
3 19 million people, 40,000 employees, and for
4 the educational system here in New York State.

5 So, Mr. President, can we call the
6 vote.
8 Secretary will announce the results.
9 THE SECRETARY: Those recorded in
10 the negative on Calendar Number 344 are
11 Senators Adams, Diaz, Dilan, Duane, Fuschillo,
12 Hannon, Hassell-Thompson, C. Johnson,
13 L. Krueger, Marcellino, Padavan, Parker,
14 Perkins, Sampson, Schneiderman, Serrano and
15 Skelos.
16 Ayes, 39. Nays, 17.
18 bill is passed.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President, I
21 believe there's a resolution at the desk by
22 Senators Leibell and Saland. I would ask that
23 the title be read at this time and move for
24 its immediate adoption.
25 ACTING PRESIDENT GRIFFO: We'll

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1 return to motions and resolutions.
2 The Secretary will read Resolution
3 4313.
4 THE SECRETARY: By Senator
5 Leibell, Legislative Resolution Number 4313,
6 paying tribute to Rear Admiral Robert A. Rosen
7 upon the occasion of his retirement as

8 Commanding Officer of the New York State Naval
9 Militia.
10 ACTING PRESIDENT GRIFFO: All in
11 favor of the resolution signify by saying aye.
12 (Response of "Aye.")
14 Opposed, nay.
15 (No response.)
17 resolution is carried.
18 Senator Bruno.
19 SENATOR BRUNO: Mr. President, is
20 there any further business at the desk?
22 is no further business, Senator Bruno, before
23 the desk.
24 SENATOR BRUNO: There being no
25 further business to come before the Senate at

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1 this time, I would move that we stand
2 adjourned until Monday, February 25th, at
3 3:00 p.m., intervening days to be legislative
4 days.
5 Everyone be safe and be well.
7 you, Senator Bruno.
8 On motion, the Senate stands
9 adjourned until Monday, February 25th, at
10 3:00 p.m., intervening days being legislative

11 days.
12 (Whereupon, at 3:20 p.m., the
13 Senate adjourned.)
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1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 February 13, 2008

18 SENATOR JOSEPH GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT GRIFFO: The

3 Senate will come to order.

4 I ask everyone present to please

5 rise and repeat with me the Pledge of

6 Allegiance to the Flag.

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT GRIFFO: Today's

10 invocation will be offered by Father Peter

11 Young, of the Mother Theresa Community here in

14 FATHER YOUNG: Thank you,

15 Senator. Let us pray.

16 As we approach Valentine's Day, we,

17 O God, might expect flowers and candy, but

18 instead we work and wake up to the snow and to

19 the sleet and to the rain. We thank God,

20 though, for Your blessings.

21 And we here in the legislative

22 body, we know that, God, You have never failed

23 to provide our New York State citizens with

24 dedicated Senators. May God pour forth His

25 blessings on our legislators and provide them

1 with the spirit and courage to accept the many

2 demands of their elected office.

3 We ask You this forever. Amen.

4 ACTING PRESIDENT GRIFFO: Reading

6 THE SECRETARY: In Senate,

7 Tuesday, February 12, the Senate met pursuant

8 to adjournment. The Journal of Monday,

9 February 11, was read and approved. On

10 motion, Senate adjourned.

11 ACTING PRESIDENT GRIFFO: Without

12 objection, the Journal stands approved as

14 SENATOR SKELOS: Mr. President.

15 ACTING PRESIDENT GRIFFO: Senator

17 SENATOR SKELOS: There will be an

18 immediate meeting of the Racing, Gaming and

19 Wagering Committee in the Majority Conference

21 And the Senate will stand at ease.

22 ACTING PRESIDENT GRIFFO: There

23 will be an immediate meeting of the Racing and

24 Wagering Committee of the Senate in the

25 Majority Conference Room.

Candyco Transcription Service, Inc.

1 The Senate stands at ease.

3 ease at 1:28 p.m.)

4 (Whereupon, the Senate reconvened

6 ACTING PRESIDENT GRIFFO: The

7 Senate will come to order.

8 SENATOR SKELOS: Mr. President,

9 if we could continue with the regular order of

11 ACTING PRESIDENT GRIFFO: Thank

12 you, Senator Skelos.

14 Messages from the Assembly.