Jan 23,2008

Top of Form 1
Date: 01/23/2008
Session: Regular
123
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 January 23, 2008
11 11:15 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS P. MORAHAN, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

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

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1 Messages from the Governor.
2 Reports of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Farley,
5 from the Committee on Banks, reports the
6 following bill direct to third reading:
7 Senate Print 6622A, by Senator
8 Farley, an act to amend Chapter 591 of the
9 Laws of 2001 amending the Banking Law.
11 bill will be reported direct to third reading.
13 THE SECRETARY: Senator O.
14 Johnson, from the Committee on Finance,
15 reports the following nominations.
16 As Commissioner of the Department
17 of Taxation and Finance, Robert L. Megna, of
18 Rensselaer.
20 Senator O. Johnson.
21 SENATOR OWEN JOHNSON: Move the
22 nomination.
24 question is on the nomination of Robert L.
25 Megna, of Rensselaer, to serve at the pleasure

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1 of the Governor as Commissioner of the
2 Department of Taxation and Finance. All in
3 favor signify by saying aye.
4 (Response of "Aye.")
6 Opposed, nay.
7 (No response.)
9 ayes have it; the nominee is confirmed.
10 Robert L. Megna, Commissioner of
11 the Department of Taxation, you're here with
12 your brother Philip. We congratulate you on
13 your appointment and confirmation.
14 Congratulations and all the best wishes for a
15 good year.
16 (Applause.)
18 Secretary will read.
19 THE SECRETARY: As Major General
20 of the New York Naval Militia, Robert L. Wolf,
21 of Ossining.
23 Senator O. Johnson.
24 SENATOR OWEN JOHNSON: Move the
25 nomination.

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2 Senator Johnson moves the nomination.
3 Senator Leibell.
4 SENATOR LEIBELL: Thank you,
5 Mr. President. If I could comment just
6 briefly for a moment.
7 I don't believe General Wolf will
8 be here today in the Capitol with us, but I am
9 very pleased that the Governor has sent over
10 General Wolf's name to receive a second star,
11 making him a major general.
12 I happen to have known General Wolf
13 now over the course of a great many years, and
14 I can tell you that he has had a most
15 distinguished career, a long career in active
16 duty as a United States Marine Corps officer,
17 serving all over the world and in many
18 responsible and very sensitive positions.
19 So we look forward to working
20 closely with General Wolf, who will also be
21 head of the state naval forces, our naval
22 militia, and we thank the Governor for what I
23 believe to be a very, very important and a
24 good nomination.
25 ACTING PRESIDENT MORAHAN: Thank

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1 you, Senator.
2 The question is on the nomination
3 of Robert L. Wolf, of Ossining, to serve at
4 the pleasure of the Governor as the Major
5 General of the New York Naval Militia. All in
6 favor say aye.

9 Opposed, nay.
10 (No response.)
12 Hearing none, the nomination is confirmed.
13 Congratulations to Major General
14 Wolf, wherever you may be.
15 Reports of select committees.
16 Communications and reports from
17 state officers.
18 Motions and resolutions.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could adopt the Resolution Calendar at
22 this time.
23 ACTING PRESIDENT MORAHAN: All in
24 favor signify by saying aye.

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2 Opposed, nay.
3 (No response.)
5 Resolution Calendar is adopted.
6 Senator Skelos.
8 Resolution Number 4080, by Senator Griffo, is
9 at the desk. If we could have the title read

10 and move for its immediate adoption.
13 THE SECRETARY: By Senator
14 Griffo, Legislative Resolution Number 4080,
15 congratulating Mildred Reape upon the occasion
16 of celebrating her 105th Birthday.
18 favor of the resolution say aye.
21 Opposed, nay.
22 (No response.)
24 resolution is adopted.
25 Senator Skelos.

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2 if we could go to the noncontroversial reading
3 of the calendar.
4 Or do we have another motion?
6 Senator Bonacic, do you have a motion?
7 SENATOR BONACIC: Thank you,
8 Mr. President.
9 I move that Senate Bill 5028 be
10 discharged from its respective committee and
11 be recommitted with instructions to strike the
12 enacting clause. And that Senate bill is by

13 Senator Bonacic.
14 ACTING PRESIDENT MORAHAN: So
15 ordered.
17 Mr. President.
19 Senator Skelos.
21 if we could now go to the noncontroversial
22 reading of the calendar.
25 THE SECRETARY: Calendar Number

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1 15, by Senator DeFrancisco, Senate Print 1830,
2 an act to amend the Military Law.
3 ACTING PRESIDENT MORAHAN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MORAHAN: Call
8 the roll.
9 (The Secretary called the roll.)
11 Announce the results.
12 THE SECRETARY: Ayes, 51.
14 bill is passed.

16 18, by Senator Leibell, Senate Print 3588, an
17 act to amend the Penal Law.
19 the last section.
21 act shall take effect on the first of
22 November.
24 the roll.

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5 bill is passed.
7 22, by Senator Larkin, Senate Print 4835, an
8 act to amend the General Business Law.
10 the last section.
12 act shall take effect on the 180th day.
14 the roll.

20 bill is passed.
21 Senator Skelos.
23 the Senate will stand at ease. We'll call,
24 shortly, a meeting of the Rules Committee and
25 then come back to take up the calendar.

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1 So if we could just stand at ease.
3 Senate will stand at ease. And there will
4 shortly come up a meeting of the Rules
5 Committee, and then we will reconvene.
6 (Whereupon, the Senate stood at
7 ease at 11:24 a.m.)
9 Senator Skelos.
11 there will be an immediate meeting of the
12 Rules Committee in the Majority Conference
13 Room.
14 ACTING PRESIDENT MORAHAN: There
15 will be an immediate meeting of the Rules
16 Committee in the Majority Conference Room.
17 We will stand at ease until they
18 return with the report.
19 (Whereupon, the Senate reconvened
20 at 11:48 a.m.)

22 Senator Skelos.
24 if we could return to reports of standing
25 committees, there's a report of the Rules

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1 Committee at the desk. I ask that it be read
2 at this time.
4 Reports of standing committees.
5 The Secretary will read the report
6 of the Rules Committee.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, reports the
9 following bill direct to third reading:
10 Senate Print 5953A, by Senator
11 Bruno, an act to amend the Tax Law.
13 Senator Skelos.
14 SENATOR SKELOS: Move to accept
15 the report of the Rules Committee.
17 favor of accepting the Rules Committee report
18 say aye.
21 Opposed, nay.
22 (No response.)
24 report is accepted, Senator Skelos.


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1 at this time if we could take up Calendar
2 Number 90, Senate Print 5953A.
6 90, by Senator Bruno, Senate Print 5953A, an
7 act to amend the Tax Law.
8 SENATOR STACHOWSKI: Lay it
9 aside.
11 bill is laid aside, Senator.
12 Senator Skelos.
14 if we could now go to the controversial
15 calendar. And if we could ring the bells,
16 please.
18 Secretary will ring the bells, and we will now
19 move to the controversial calendar.
22 90, by Senator Bruno, Senate Print 5953A, an
23 act to amend the Tax Law.
25 Senator Winner, you look like you have

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1 consternation going on. You want to be
2 recognized, Senator?
3 SENATOR WINNER: Thank you,
4 Senator. I didn't know whether we were having
5 an amendment or whether we were on the bill.
6 ACTING PRESIDENT MORAHAN: We're
7 on the bill, sir.
8 SENATOR WINNER: Okay, thank you.
9 SENATOR STACHOWSKI: I have an
10 amendment.
11 SENATOR WINNER: He has an
12 amendment, so I would defer.
14 Senator Stachowski.
15 SENATOR STACHOWSKI: Mr.
16 President, I believe there's an amendment at
17 the desk. I ask that the reading of the
18 amendment be waived, and I'd like to be heard
19 on the amendment.
21 reading is waived, and you may be heard on the
22 amendment.
23 SENATOR STACHOWSKI: Basically,
24 Mr. President, what this amendment does is it
25 adds a section into this bill that would be

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1 like a recruitment section, which would
2 prohibit the outsourcing of jobs by

3 businesses, business entities receiving state
4 financial incentives. It would provide for
5 repayment thereof and a five-year ban on
6 assistance for violations of this provision.
7 It would provide for the
8 enforcement by the Attorney General. It would
9 require that state entities providing
10 financial incentives to business entities and
11 business entities receiving financial
12 incentives to each report thereon to the
13 Attorney General. And such reports would be
14 made available to the general public.
15 So basically all this amendment
16 does is into this bill we put in provisions to
17 safeguard the state's investment, seeing that
18 we do have limited resources. This would then
19 stop companies from taking state aid and then
20 either outsourcing the machinery or
21 outsourcing the jobs and not living up to the
22 provisions that they agreed to when they
23 accepted the state aid.
24 So with that, Mr. President, I ask
25 for everybody to please support this

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1 amendment.
3 you, Senator.
4 Anyone else wishing to be heard on
5 the amendment?
6 On the amendment, those Senators in
7 agreement please signify by raising your
8 hands.
9 THE SECRETARY: Those recorded in
10 agreement are Senators Adams, Breslin, Connor,
11 Diaz, Dilan, Duane, Gonzalez,
12 Hassell-Thompson, Huntley, C. Johnson, Klein,
13 L. Krueger, Montgomery, Onorato, Parker,
14 Perkins, Sampson, Savino, Schneiderman,
15 Serrano, Smith, Stachowski, Stavisky,
16 Stewart-Cousins, Thompson and Valesky.
18 amendment is not agreed to.
19 Senator Skelos.
21 would you please recognize Senator Robach.
23 Senator Robach.
24 SENATOR ROBACH: Yes,
25 Mr. President, just to explain my vote on this

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1 bill.
2 This is really the culmination, I
3 think, a response to our constituency, which I
4 think not only in Rochester but across upstate
5 New York and perhaps downstate, for that
6 matter, where people clearly are looking for a
7 job, career opportunities, and other things to
8 do this.
9 So we have moved forward this
10 Upstate Now plan after a lot of thought, a lot
11 of dialogue with business groups, different
12 groups across the community to try and put
13 something in place -- not in speech, and not
14 rhetorically, but into statute, hoping that we
15 can move to some action in the other house,
16 sit down with the Governor in the light of
17 day -- open policy, conference committee,
18 whatever you want to call it, whatever
19 mechanism we can use -- and agree upon the
20 many things that I think we do agree upon to
21 stimulate the economy, and then also hopefully
22 hammer out what we don't agree upon.
23 And I would encourage everyone to
24 support this. Clearly, as I go around,
25 especially now with what's going on, people

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1 want these things. They want job
2 opportunities. It's long overdue. This
3 package, ten-point plan, covers a lot of
4 things that will assist in coverage of
5 healthcare, strategic tax cuts, policies,
6 strategic investments that would be very good.
7 And not only do I emphasize this, I
8 think Mr. Burns from the Business Council said
9 it well: It's not just about the "upstate,"
10 it also needs to be about the "now."
11 Last year we talked about strategic

12 investment for Rochester, Buffalo, Syracuse
13 and things that could have went out the door.
14 We sat on a billion dollars even after we
15 publicly went out with the Governor and
16 announced agreement. It never came to
17 fruition. We can't allow this to happen.
18 So this is a substantial program --
19 again, in law, not in speech -- to try and get
20 something going now. And it doesn't mean that
21 everything in here has to happen or can
22 happen. It means that we ought to stake out a
23 position and clearly go transparently, in the
24 light of day, to get something with urgency
25 done to help all of our constituents, the

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1 economy, to retain those young people, to
2 retain people moving jobs and create career
3 opportunities in upstate New York.
4 And I would say upstate is
5 important. We've learned that the
6 cookie-cutter approach doesn't always work.
7 What might work in New York City may not work
8 in Rochester, may not work in Buffalo, may not
9 work in Syracuse. And I won't keep you here
10 long; I can show you a lot of policies we've
11 done that have worked better in New York City
12 than upstate New York. The time to do this is
13 now.
14 At the end of the day, regardless

15 of where you are located geographically,
16 implementing these to improve the economy will
17 help each and every one of us as well as
18 New Yorkers across the board.
19 Thank you.
21 you, Senator.
22 Senator Winner.
23 SENATOR WINNER: Thank you,
24 Mr. President. Briefly on the bill.
25 You don't have to be much of an

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1 economist to realize that the real reason why
2 the economy is not working very well in
3 upstate New York is really because of the
4 overall cost of doing business.
5 We can talk about our programs of
6 the past, which have been strategic in their
7 efforts to try and direct resources here and
8 there, and those efforts have been successful
9 in part and not successful in other part.
10 But overall, what everyone tells
11 you is the reason why we are uncompetitive in
12 New York is because the fundamental bottom
13 line costs are still far above the rest of the
14 states around us and make us noncompetitive.
15 And those costs are pretty obvious. They're
16 taxes, they're health insurance costs, and
17 they're certainly energy.

18 This plan specifically addresses
19 itself to those fundamental costs of doing
20 business in New York. Unlike the Governor's
21 budget proposal, unlike his proposal to
22 dedicate certain funds, some of which we agree
23 with, some of which we wish to reprioritize.
24 But overall, there's nothing in the Governor's
25 plan that reduces the basic cost of doing

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1 business in New York, which is what we have to
2 do.
3 This plan directs $2.7 billion in
4 resources to do just that and make New York
5 more competitive, particularly in the upstate
6 regions.
7 We don't need plans such as the
8 Governor just proposed to increase costs, like
9 the proposed assessment increase on covered
10 lives for health insurance premiums, the
11 so-called tax on HMOs, which are going to be
12 nothing other than passed along. And we're
13 raising our health insurance premiums to
14 employers and employees in this state by
15 $365 million. That's going in the opposite
16 direction. That's not going in the right
17 direction of reducing the bottom line for
18 business and industry in this state.
19 So this plan is the first
20 well-thought-out plan to overall reduce the

21 costs. And while it's expensive, it's an
22 investment that has to be made if we're really
23 going to be serious about turning the corner
24 and making the upstate region a place to do
25 business, a place to have good career jobs,

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1 and a good place to keep our kids from leaving
2 and going to greener pastures. And I urge its
3 unanimous passage.
5 you, Senator.
6 Any other Senator wishing to be
7 heard?
8 The debate is closed.
9 The Secretary will ring the bell.
10 Read the last section.
12 act shall take effect immediately.
14 the roll.
17 Senator Nozzolio.
18 SENATOR NOZZOLIO: Mr. President,
19 I ask permission to explain my vote.
21 Senator Nozzolio, to explain his vote.
22 SENATOR NOZZOLIO: Thank you,
23 Mr. President and my colleagues.

24 Upstate New York is a very
25 beautiful place. And I daresay the Finger

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1 Lakes region is the most beautiful in upstate,
2 and of all the states, if not one of the most
3 beautiful places in the world. But the Finger
4 Lakes region is facing hard economic times.
5 Its manufacturing base has been eroded. It is
6 fighting hard to be competitive in
7 agriculture, tourism, and manufacturing still.
8 But we need to do more to help the
9 upstate economy, and that's what this plan is
10 all about. This is a plan that will focus on
11 all the economy of New York State, but
12 particularly that in upstate. And that's why
13 I hasten to support it, I work hard to get
14 this measure through, and that I appreciate my
15 colleagues' support.
16 New York is a wonderful place to
17 live and work and raise a family. But the
18 oppressive taxation is overburdening all the
19 other benefits. This plan helps us ease that
20 taxation. It helps us bring more jobs to the
21 upstate economy. It helps secure a future for
22 upstaters for generations.
23 I should add that earlier today we
24 confirmed the commissioner of the Department
25 of Taxation. Well, a part of that issue is

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1 that there's an unlevel playing field in
2 upstate New York where unlevel taxation
3 occurs, and that too is driving businesses out
4 that are paying their fair share of taxes.
5 We need to continue to press the
6 Tax Department to level the playing field and
7 to ensure that those businesses that are
8 competing with Indian retail sales businesses
9 are doing so on a level playing field where
10 taxation is spread evenly, fairly, across this
11 state.
12 Mr. President, this plan does a
13 great deal for the upstate economy. I
14 appreciate the support of my colleagues for
15 it. It's going to help our taxpayers and
16 bring jobs to our region.
18 Senator Bonacic.
20 Mr. President.
21 I for one think that this economy
22 is going to get softer in the next six months.
23 We need bipartisan support now for job
24 creation.
25 One of the problems I have is,

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1 being a Senator from the mid-Hudson, there's
2 talk about upstate/downstate. Quite frankly,
3 I don't know where the Hudson Valley -- how it
4 falls, whether it's upstate, downstate. When
5 I speak to some agencies, they say everything
6 above Albany is upstate and that's where we
7 should direct our resources. I speak to the
8 executive branch, and it's Albany, the
9 mid-Hudson, the Island and New York City is
10 downstate.
11 So whether we're upstate or
12 downstate, we are one state. And we can never
13 forget that. And our needs are different, to
14 different degrees.
15 We're not reinventing the wheel,
16 what it takes for bringing us out of a
17 recession, if we're there or not. Job
18 creation is simple. Cut down the cost of
19 doing business in New York, reduce taxes,
20 reduce utility costs, reduce insurance cost.
21 And if you do that, you will have job creation
22 and our economy in New York will get better.
23 And it needs bipartisan support.
24 So I ask for that support. I
25 support this plan for everybody in New York

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1 State, whether it's upstate or downstate.
2 Thank you, Mr. President.

4 you, Senator Bonacic.
5 Senator Bonacic and Senator
6 Nozzolio will be recorded in the affirmative.
7 Senator Young, to explain her vote.
8 SENATOR YOUNG: Thank you,
9 Mr. President, to explain my vote.
10 I represent Western New York and
11 the Southern Tier, specifically, of Western
12 New York. We have suffered there
13 tremendously. We've been the hardest hit by
14 economic issues across the entire state, if
15 you look at the whole state. In Western
16 New York we've lost jobs, we've lost
17 population, and we need to do something to
18 turn it around. And this plan will do that.
19 A few months ago I met with
20 business and community leaders in my district,
21 and I presented to them Upstate Now. And they
22 gave a resounding endorsement to this plan.
23 They said it does everything that we need. It
24 helps manufacturers, it helps grow small
25 businesses, it provides energy relief, it

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1 helps alleviate the high cost of healthcare to
2 small businesses.
3 And if you look at my district, we
4 have depended over the years on three major
5 components. It's small business, it's
6 manufacturers, and it's the agriculture

7 industry.
8 And I do want to mention to my
9 colleagues that you may notice in our plan,
10 I'm very happy that we led the way last year
11 with the proposal for a $50 million fund to go
12 toward developing agriculture-related
13 businesses. That's something that we did last
14 year when we passed this. We're going to do
15 it again this year.
16 So we have our work cut out for us.
17 But I would urge everyone to support this plan
18 because when you look at New York State, our
19 entire state has to be strong. We have to be
20 together. This is something very tangible
21 that is going to get results, going to get
22 results now. And there is urgency to this
23 plan. That's why it's Upstate Now.
24 I encourage everyone to join in and
25 support this, because our future depends on

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1 it.
2 Thank you.
4 Senator Young will be recorded in the
5 affirmative.
6 Senator Griffo.
7 SENATOR GRIFFO: Thank you,
8 Mr. President.
9 Symbolism is good, but substance is

10 much more important and much more necessary.
11 And I think the plan that's being presented
12 today, the ten points, really will build the
13 foundation for meaningful relief.
14 And that's what we're trying to
15 advocate today, the sense of urgency that is
16 challenging the economy across the state but
17 particularly upstate. And while there's been
18 much rhetoric, the time for results is now
19 before this state, the Legislature, and the
20 executive.
21 So I am hopeful that as a result of
22 the package that's being presented, after
23 talking to community leaders and small
24 businesses, listening to their frustrations
25 and witnessing some of the challenges that are

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1 facing communities across the upstate region,
2 that if we put in place programs as are being
3 advocated here in this proposal, they can
4 truly make a difference, they will invigorate
5 the economy and really make the necessary
6 improvements which will revitalize and allow
7 us to grow and prosper.
8 The statistics are there for us to
9 all look at, the exodus from the state. So
10 whether you're up or down, it's always around.
11 And what we need to accomplish is a program
12 such as this that has a meaningful -- makes a

13 meaningful difference, achieving a meaningful
14 result that will benefit all of our
15 constituency.
16 Thank you. I vote aye.
18 Senator Griffo will be recorded in the
19 affirmative.
20 Senator L. Krueger, to explain her
21 vote.
22 SENATOR LIZ KRUEGER: Thank you,
23 Mr. Chair. I rise to explain why I'll be
24 voting no on the bill.
25 You know, there are good pieces of

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1 this bill. There would have been a good piece
2 if you'd voted for the amendment my colleague
3 put on the floor, which would say you couldn't
4 outsource these jobs out of New York once you
5 were creating them in the context of this
6 legislation.
7 And I have no disagreement with my
8 colleagues' concern about the upstate economy.
9 We all are concerned about the upstate
10 economy. And if we have read the newspapers
11 or listened to TV in the last couple of weeks,
12 we should be concerned about the downstate
13 economy, the U.S. economy, and the world
14 economy, because we are walking ourselves
15 right now into a recession.

16 Which is why I have to vote no
17 against this bill, because as one of my
18 colleagues just said, the estimated cost of
19 the bill is $2.7 billion, $2.7 billion. And
20 several sections of the bill don't have
21 financial analyses; they are to be determined.
22 So I think it's reasonable to say this bill
23 would cost over $3 billion.
24 So if this bill was attached to an
25 explanation of what my colleagues wanted to

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1 cut out of the New York State budget equalling
2 $3 billion, or if my colleagues wanted to
3 explain what new revenue they would get to
4 make up for the lost billions of dollars, then
5 I might consider the discussion more
6 seriously.
7 But this is a bill that was passed
8 in June; it hasn't significantly changed. The
9 economy has. And unlike June, now we're at
10 the beginning of a budget process where our
11 job as legislators is to balance revenue and
12 expenditures.
13 So a bill that gives away over
14 $3 billion in revenue that's beyond a press
15 conference release is a bill that would
16 explain what you're cutting out of the state
17 budget to equal that amount of money or where
18 you're getting the revenue you're giving up

19 here.
20 This doesn't do that. Therefore, I
21 cannot vote for it.
24 you, Senator Krueger. You will be recorded in
25 the negative.

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1 Senator DeFrancisco, to explain his
2 vote.
3 SENATOR DeFRANCISCO: I rise to
4 support this legislation.
5 And I am a little bit shocked that
6 the Senator from New York City would not be
7 supportive of this because this really applies
8 across the board. These bills will help
9 everybody across the board whether you're
10 downstate or upstate.
11 But more importantly, before either
12 she or I were in the Senate, I remember there
13 was a time in the history of New York City
14 where the city was bankrupt. And the whole
15 state, including upstate, came to the rescue
16 of the City of New York, and now they're
17 stronger than ever.
18 So there is a serious problem in
19 upstate. In my district, manufacturing jobs
20 are slowly going away, sometimes even more
21 quickly, much more quickly than we'd like to

22 say they are.
23 And the fact of the matter is that
24 some of these proposals were not only passed
25 last June, but they've been around for a long

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1 time. Like eliminating taxes on
2 manufacturers, tax credits for things like
3 small businesses being able to provide
4 insurance for their employees, tax rebates for
5 property taxes, assistance in energy costs for
6 small businesses. You know, these are all
7 bills that are put in a package that we've
8 talked about before.
9 Well, it was important to pass this
10 bill last June. It's even more important to
11 pass this bill now, with the national economy
12 showing some serious problems. If we wait any
13 longer, the problems are going to be worse,
14 not only for upstate but throughout the state
15 of New York. The time is now to create jobs
16 by creating incentives and making business at
17 least competitive with other states.
18 And I'm sure that if we look at
19 this thing in the context of the budget
20 process, we will understand that with this
21 relief we're going to create more taxpayers
22 and we're going to create higher taxes from
23 the businesses that are prospering rather than
24 those that are leaving the state.

25 So I would urge everyone to

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1 consider this very seriously. The time is
2 now. It ain't going to get any better. And
3 we'd better do something right now in the
4 context of what's happening nationally.
5 I vote aye.
7 you, Senator DeFrancisco. You will be
8 recorded in the affirmative.
9 Senator Schneiderman.
10 SENATOR SCHNEIDERMAN: Yes, thank
11 you, Mr. President.
12 I'm glad we're starting the
13 discussion this year on the subject that has
14 been raised before the Majority conference got
15 to it, which is our need to invest in and
16 revitalize the upstate economy.
17 I would like to note that the
18 Governor has made this a high priority of the
19 state and has not just spoken about it
20 upstate, he's been in New York City and I've
21 seen him say to New York City audiences: We
22 have to do for upstate what the rest of the
23 state did for New York City. He's on it.
24 And maybe he's on it because he was
25 reminded about it before any of you guys

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1 started talking, on December 13th, when the
2 Senate Democrats unveiled Right-NY, and
3 Senator Stachowski, Senator Thompson, Senator
4 Valesky and our leader, Senator Malcolm Smith,
5 made a comprehensive proposal, elements of
6 which are in the Governor's proposal for
7 revitalizing upstate and elements of which are
8 in your proposal for revitalizing upstate.
9 The one thing I would urge you to
10 do, my colleagues on the other side of the
11 aisle, is don't make this partisan, don't make
12 this us-versus-them. The rest of the people
13 in this state understand the needs for
14 upstate. We understand we are one New York.
15 And we don't have to live right in the middle
16 of the border area, like Senator Bonacic, to
17 understand it.
18 We want to help, but it is the
19 definition of insanity to do the same thing
20 over and over again and expect a different
21 result. And I respectfully submit that
22 Right-NY is a new proposal. I commend it to
23 you. We can't continue to do these grab bags
24 of little bits of tax credits, differentiating
25 between industries and geographical areas, and

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1 expect to get a good result.
2 There are some good things in this

3 bill, particularly the alternative energy and
4 ag jobs. I will vote for it, knowing that
5 it's a one-house bill, and just for
6 negotiations. But we have to break away from
7 this old grab bag, haphazard economic
8 development policy of the Pataki-Bruno era and
9 move to something new. That's what's in
10 Right-NY. That's what's in the Governor's
11 proposal.
12 I vote yes with the understanding
13 that we will be back to this debate, I hope,
14 over and over again in the weeks to come.
17 you, Senator.
18 Senator Schneiderman will be
19 recorded in the affirmative.
20 Senator Diaz.
21 SENATOR DIAZ: Thank you,
22 Mr. Chairman.
23 Before I explain my vote, I would
24 like to congratulate Senator DeFrancisco
25 because his daughter is acting in the movie

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1 The Bucket List.
2 So congratulations. I know how
3 proud you feel about your daughter being an
4 actress in a movie.
5 I'm voting yes on this legislation

6 because I don't want to be painted as
7 downstate against upstate. I agree with
8 Senator Krueger: $3 billion, where are we
9 going to get it? But as Senator Barack Obama
10 says, we are one nation and one state. No
11 upstate, no downstate, we are here to work for
12 the State of New York.
13 And I want my colleagues from
14 upstate to know that we legislators from
15 downstate, we understand and we feel your
16 pain. And that's why I'm voting for this
17 bill, because I understand that upstate
18 economy needs help.
19 Where are we going to get the
20 money? Right now, don't ask me. I don't even
21 know. I'm going to agree with Senator Krueger
22 again; $3 billion is tough to swallow.
23 But to join my colleagues from
24 upstate, again, that's why I'm voting yes, to
25 at least to start talking about the problem

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1 that upstate is facing. And this bill, even
2 though we don't have the money, this bill will
3 take us to that level where we could start
4 negotiating and talking about the problem that
5 my people from upstate are going through.
6 So, Mr. Chairman, I'm voting yes.
8 you, Senator Diaz. You will be recorded in

9 the affirmative.
10 Senator Skelos.
12 I'm from Long Island, and I'm very happy to
13 support this legislation because, quite
14 frankly, there is a number of very positive
15 components that are going to help the entire
16 state.
17 My good friend Senator Schneiderman
18 indicated that we could be doing better. But
19 I think the Senate Majority has a track
20 record. And if we went back as we brought up
21 different legislation, I'm sure very similar
22 comments, negative comments, were made about
23 it.
24 Now, what's our track record? We
25 had Jobs Now, helped fund high-tech

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1 development projects. We had Ge*NY*sis,
2 funded biotech development. Power for Jobs
3 provided low-cost power for manufacturing. We
4 had workers' comp reform that saved over a
5 billion dollars. And, because of the Senate
6 Majority, over $127 billion in tax cuts which
7 have benefited the economy throughout the
8 state of New York.
9 What we do not need is increases in
10 driver's license fees, which the Governor has
11 proposed. We do not need to tax healthcare

12 benefits and premiums on health insurance
13 where people throughout this state, and I know
14 on Long Island and elsewhere, are struggling
15 to make these payments. And we do not need
16 the over $1.7 billion in tax increases and
17 fees that the Governor has proposed.
18 So I'm very happy as a downstate
19 resident, as a Long Islander, to be supporting
20 this legislation -- unfortunately, Senator
21 Krueger has sought not to -- because if any
22 part of the state prospers, the rest of the
23 state will prosper. So if upstate prospers,
24 New York City will prosper, Long Island will
25 prosper. And I think that's the approach that

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1 we should be taking.
2 So, Mr. President, I support this
3 legislation, and if you would record me in the
4 affirmative.
6 you, Senator Skelos. You will be recorded in
7 the affirmative.
8 Senator Volker, to explain your
9 vote briefly.
10 SENATOR VOLKER: Yes,
11 Mr. President, to explain my vote.
12 This is an Upstate Now bill. And,
13 Senator Schneiderman, you said you announced
14 some stuff in December. We announced this a

15 year ago, well over a year ago.
16 Part of this bill applies to
17 New York City, by the way. You can't reduce
18 the corporate tax and some taxes without --
19 you can't say I'm just going to do it in
20 upstate New York. That's a little bit of a
21 constitutional problem. So part of this bill
22 does apply to New York City. So when you're
23 voting against this bill, if you do, you're
24 voting against some issues that are directly
25 related to New York City also.

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1 But I think the thing you have to
2 realize, this is not an all-encompassing
3 package that doesn't have anything related to
4 anybody else. We had an agreement with the
5 Governor last year, I thought the billion
6 dollar or the billion -- whatever the heck was
7 Governor to going to give -- we had an
8 agreement last year. I thought it was a good
9 idea last year. It was an even better idea
10 this year.
11 But my point is, we had agreed to
12 that last year. Now, it's been fleshed out
13 more in this budget. Some of the things that
14 are in this package are in the Governor's
15 budget, some of them. Some of them were in
16 some of the things that the Senate Minority
17 suggested. We're not saying that we know

18 everything.
19 But if this whole package passes --
20 and we can find the money to take care of
21 this. I mean, you know, I hate to say this,
22 we got this deficit, but we've got over
23 $4 billion or $5 billion sitting there that's
24 been allocated for the last three, four years
25 that's never been put out. There's a huge

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1 amount of money in economic development, a
2 billion worth of cash and a billion worth of
3 bonds.
4 And is anybody asking what happened
5 to the Javits money? As far as I know, only
6 $14 million of that out, of a billion dollars,
7 had gone out, and that was to take away the
8 tolls up in Buffalo, to take the two toll
9 barriers. Because everyone agreed to it right
10 at the end when George left. George Pataki,
11 I'm talking about.
12 The problem is, the governors, both
13 governors, this one and the previous one --
14 who the previous governor I think was a
15 Republican -- were holding up all the money to
16 put the heat on the Legislature. It's
17 something we really haven't talked about too
18 much.
19 But the truth is we have money
20 backed up. So we have a potential deficit.

21 And Tom DiNapoli said the truth, except that
22 Tom DiNapoli couldn't tell whether all that
23 money went out or not. He's saying if all the
24 money went out that we have allocated, there'd
25 be a deficit.

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1 But we have to realize there are
2 ways to handle this deficit, and there
3 certainly are ways to improve the economy of
4 the State of New York. If upstate New York
5 gets better, all of New York gets better.
6 Let's not forget that.
7 Just as New York City, the city has
8 a little problem right now in Western
9 New York, we know that, with the bridge.
10 New York City leaders are coming to us and
11 saying get that Peace Bridge done, because
12 it's hurting -- they think it may be hurting
13 New York City. We're trying to get that done,
14 because we are one state.
15 And so I can't imagine anybody
16 voting against this Upstate Now package. I
17 vote aye.
19 you, Senator Volker. You will be recorded in
20 the affirmative.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: Those recorded in

24 the negative on Calendar Number 90 are
25 Senators L. Krueger and Perkins. Also voting

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1 in the negative, Senator Parker.
2 Absent from voting, Senators C.
3 Kruger and Sabini.
4 Ayes, 54. Nays, 3.
6 bill is passed, Senator Skelos.
8 is there any further business at the desk?
9 ACTING PRESIDENT MORAHAN: There
10 is no other further business at this desk,
11 Senator Skelos.
12 SENATOR SKELOS: There being
13 none, I move we stand adjourned until Monday,
14 January 28th, at 3:00 p.m., intervening days
15 being legislative days.
17 Senate will be adjourned until Monday,
18 January 28th, 3:00 p.m., intervening days
19 being legislative days.
20 (Whereupon, at 12:25 p.m., the
21 Senate adjourned.)
22
23
24
25
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 January 23, 2008

18 SENATOR THOMAS P. MORAHAN, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT MORAHAN: The

3 chamber will come to order.

4 And I ask all of those in

5 attendance to recite with me the Pledge of

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT MORAHAN: In the

10 absence of clergy, may we bow our heads for a

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT MORAHAN:

15 Reading of the Journal.

16 THE SECRETARY: In Senate,

17 Tuesday, January 22, the Senate met pursuant

18 to adjournment. The Journal of Monday,

19 January 21, was read and approved. On motion,

21 ACTING PRESIDENT MORAHAN:

22 Without objection, the Journal stands approved

25 Messages from the Assembly.

1 Messages from the Governor.

2 Reports of standing committees.

3 The Secretary will read.

4 THE SECRETARY: Senator Farley,

5 from the Committee on Banks, reports the

6 following bill direct to third reading:

7 Senate Print 6622A, by Senator

8 Farley, an act to amend Chapter 591 of the

9 Laws of 2001 amending the Banking Law.

10 ACTING PRESIDENT MORAHAN: The

11 bill will be reported direct to third reading.

12 The Secretary will read.

13 THE SECRETARY: Senator O.

14 Johnson, from the Committee on Finance,

15 reports the following nominations.

16 As Commissioner of the Department

17 of Taxation and Finance, Robert L. Megna, of

19 ACTING PRESIDENT MORAHAN:

21 SENATOR OWEN JOHNSON: Move the

23 ACTING PRESIDENT MORAHAN: The

24 question is on the nomination of Robert L.

25 Megna, of Rensselaer, to serve at the pleasure

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2 Department of Taxation and Finance. All in

3 favor signify by saying aye.

5 ACTING PRESIDENT MORAHAN:

8 ACTING PRESIDENT MORAHAN: The

9 ayes have it; the nominee is confirmed.

10 Robert L. Megna, Commissioner of

11 the Department of Taxation, you're here with

12 your brother Philip. We congratulate you on

13 your appointment and confirmation.

14 Congratulations and all the best wishes for a

17 ACTING PRESIDENT MORAHAN: The

18 Secretary will read.

19 THE SECRETARY: As Major General