Monday, March 12, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 12, 2007 11 3:18 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT WINNER: 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. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 (Whereupon, the assemblage recited 10 the Pledge of Allegiance to the Flag.) 11 ACTING PRESIDENT WINNER: In the 12 absence of clergy, may we bow our heads in a 13 moment of silence. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT WINNER: Reading 17 of the Journal. 18 THE SECRETARY: In Senate, 19 Sunday, March 11, the Senate met pursuant to 20 adjournment. The Journal of Saturday, 21 March 10, was read and approved. On motion, 22 Senate adjourned. 23 ACTING PRESIDENT WINNER: Without 24 objection, the Journal stands approved as 25 read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 The Secretary will read. 4 THE SECRETARY: Assembly 5 Resolution advising the Members of the Senate 6 of the time and place of the joint session to 7 cast a joint ballot for the purpose of 8 electing Regents of the University of the 9 State of New York. 10 ACTING PRESIDENT WINNER: 11 Messages from the Governor. 12 Reports of standing committees. 13 Reports of select committees. 14 Communications and reports from 15 state officers. 16 Motions and resolutions. 17 Senator Young. 18 SENATOR YOUNG: Thank you, 19 Mr. President. 20 I move that the following bills be 21 discharged from their respective committees 22 and be recommitted with instructions to strike 23 the enacting clause: Senate 1863. 24 ACTING PRESIDENT WINNER: So 25 ordered.

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(518) 371-8910 1 Senator Young. 2 SENATOR YOUNG: Mr. President, on 3 page number 14 I offer the following 4 amendments to Calendar Number 161, Senate 5 1116A, and ask that the said bill retain its 6 place on the Third Reading Calendar. 7 ACTING PRESIDENT WINNER: The 8 amendments are received and adopted, and the 9 bill will remain on the Third Reading 10 Calendar. 11 SENATOR YOUNG: Thank you, 12 Mr. President. 13 Mr. President, on page number 13 I 14 offer the following amendments to Calendar 15 Number 128, Senate 1092, and ask that said 16 bill retain its place on the Third Reading 17 Calendar. 18 ACTING PRESIDENT WINNER: The 19 amendments are received and adopted, and the 20 bill will remain on the Third Reading 21 Calendar. 22 Thank you, Senator Young. 23 SENATOR YOUNG: Thank you, 24 Mr. President. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Duane. 2 SENATOR DUANE: Thank you, 3 Mr. President. 4 On behalf of Senator Stavisky, I 5 move that the following bill be discharged 6 from its respective committee and be 7 recommitted with instructions to strike the 8 enacting clause: Senate 2908. 9 ACTING PRESIDENT WINNER: So 10 ordered. 11 SENATOR DUANE: Thank you, 12 Mr. President. 13 ACTING PRESIDENT WINNER: Senator 14 Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could go to the noncontroversial reading 17 of the calendar. 18 ACTING PRESIDENT WINNER: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 70, by Senator Skelos, Senate Print 642, an 22 act to amend the Real Property Law, in 23 relation to reverse mortgage loans. 24 ACTING PRESIDENT WINNER: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 98, by Senator Maziarz, Senate Print 106, an 11 act to amend the Labor Law, in relation to job 12 protection. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 51. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 114, by Senator Robach, Senate Print 2084A, an 25 act to amend the Retirement and Social

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(518) 371-8910 1 Security Law, in relation to extension. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 184, by Senator Marcellino, Senate Print 14 610 -- 15 SENATOR SKELOS: Lay it aside 16 temporarily. 17 ACTING PRESIDENT WINNER: The 18 bill is laid aside temporarily. 19 THE SECRETARY: Calendar Number 20 188, by Senator Padavan Senate Print 1662, an 21 act to amend the Penal Law, in relation to 22 disposal. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT WINNER: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. 7 ACTING PRESIDENT WINNER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 191, by Senator DeFrancisco, Senate Print 11 1824, an act to amend the Criminal Procedure 12 Law, in relation to statements at sentencing. 13 ACTING PRESIDENT WINNER: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT WINNER: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 51. 21 ACTING PRESIDENT WINNER: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 220, by Senator LaValle, Senate Print 1277, an 25 act to amend the Correction Law, in relation

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(518) 371-8910 1 to requiring. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WINNER: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 51. 10 ACTING PRESIDENT WINNER: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 223, by Senator Skelos, Senate Print 1772, an 14 act to amend the Correction Law, in relation 15 to the maintenance of information. 16 ACTING PRESIDENT WINNER: Read 17 the last section. 18 THE SECRETARY: Section 11. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT WINNER: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 51. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 234, by Senator Flanagan, Senate Print 891, an 4 act to amend Chapter 672 of the Laws of 1993, 5 amending the Public Authorities Law. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WINNER: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 51. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 Senator Skelos, that completes the 17 reading of the noncontroversial calendar. 18 SENATOR SKELOS: Please recognize 19 Senator Duane. 20 ACTING PRESIDENT WINNER: Senator 21 Duane. 22 SENATOR DUANE: Minority 23 conference, Mr. President, in Room 315. 24 ACTING PRESIDENT WINNER: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 Senator Duane has assured me that it will be 3 brief, so we'll take the stand at ease for a 4 few brief moments and then we'll reconvene. 5 ACTING PRESIDENT WINNER: The 6 Senate stands at ease. 7 (Whereupon, the Senate stood at 8 ease at 3:26 p.m.) 9 (Whereupon, the Senate reconvened 10 at 3:54 p.m.) 11 ACTING PRESIDENT WINNER: Senator 12 Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to the noncontroversial 15 calendar, I believe Calendar Number 184 was 16 not voted upon. 17 I believe Senators Hassell-Thompson 18 and Montgomery wish to cast negative votes. 19 So if we could bring up that bill at this 20 time. 21 ACTING PRESIDENT WINNER: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 184, by Senator Marcellino, Senate Print 610, 25 an act to amend the Penal Law, in relation to

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(518) 371-8910 1 establishing. 2 ACTING PRESIDENT WINNER: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT WINNER: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 184 are 12 Senators Hassell-Thompson and Montgomery. 13 Ayes, 58. Nays, 2. 14 ACTING PRESIDENT WINNER: The 15 bill is passed. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 there will be an immediate meeting of the 19 Finance Committee in the Majority Conference 20 Room, and that will be followed by a meeting 21 of the Rules Committee in the Majority 22 Conference Room. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Skelos. 25 There will be an immediate meeting

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(518) 371-8910 1 of the Senate Finance Committee followed by an 2 immediate meeting of the Rules Committee. 3 SENATOR SKELOS: If we can stand 4 at ease, Mr. President. 5 ACTING PRESIDENT WINNER: The 6 Senate will stand at ease. 7 (Whereupon, the Senate stood at 8 ease at 3:55 p.m.) 9 (Whereupon, the Senate reconvened 10 at 4:58 p.m.) 11 ACTING PRESIDENT WINNER: The 12 Senate will come to order. 13 SENATOR SKELOS: Mr. President. 14 ACTING PRESIDENT WINNER: Senator 15 Skelos. 16 SENATOR SKELOS: If we could 17 return to reports of standing committees, I 18 believe there's a report of the Rules 19 Committee at the desk. I ask that it be read 20 at this time. 21 ACTING PRESIDENT WINNER: The 22 Secretary will read. 23 THE SECRETARY: Senator Bruno, 24 from the Committee on Rules, reports the 25 following bills:

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(518) 371-8910 1 Senate Print 2100B, Senate Budget 2 Bill, an act making appropriations for the 3 support of government, PUBLIC PROTECTION AND 4 GENERAL GOVERNMENT BUDGET; 5 2101A, Senate Budget Bill, an act 6 making appropriations for the support of 7 government, LEGISLATURE AND JUDICIARY BUDGET; 8 2102A, Senate Budget Bill, an act 9 making appropriations for the legal 10 requirements of the state debt service; 11 2103B, Senate Budget Bill, an act 12 making appropriations for the support of 13 government, EDUCATION, LABOR AND FAMILY 14 ASSISTANCE BUDGET; 15 2104A, Senate Budget Bill, an act 16 making appropriations for the support of 17 government, HEALTH AND MENTAL HYGIENE BUDGET; 18 2105B, Senate Budget Bill, an act 19 making appropriations for the support of 20 government, TRANSPORTATION, ECONOMIC 21 DEVELOPMENT AND ENVIRONMENTAL CONSERVATION 22 BUDGET; 23 2106B, Senate Budget Bill, an act 24 to amend the Civil Service Law and the State 25 Finance Law;

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(518) 371-8910 1 2107B, Senate Budget Bill, an act 2 to amend the Education Law; 3 2109B, Senate Budget Bill, an act 4 to authorize funding for the Consolidated 5 Local Street and Highway Improvement Program; 6 And Senate Print 2110B, Senate 7 Budget Bill, an act to amend the Tax Law. 8 All bills ordered direct to third 9 reading. 10 ACTING PRESIDENT WINNER: Senator 11 Skelos. 12 SENATOR SKELOS: Mr. President, 13 move to accept the report of the Rules 14 Committee. 15 ACTING PRESIDENT WINNER: All 16 those in favor of accepting the Rules report. 17 (Response of "Aye.") 18 ACTING PRESIDENT WINNER: Nays. 19 (No response.) 20 ACTING PRESIDENT WINNER: The 21 Rules report is accepted. 22 Senator Skelos. 23 SENATOR SKELOS: If we could now 24 go to the noncontroversial reading of Senate 25 Supplemental Calendar 21A.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 297, Senate Budget Bill, Senate Print 2100B, 5 an act making appropriations for the support 6 of government, PUBLIC PROTECTION AND GENERAL 7 GOVERNMENT BUDGET. 8 ACTING PRESIDENT WINNER: Last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 SENATOR DUANE: Lay it aside, 16 please. 17 ACTING PRESIDENT WINNER: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 299, Senate Budget Bill, Senate Print 2102A, 21 an act making appropriations for the legal 22 requirements of the state debt service. 23 ACTING PRESIDENT WINNER: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT WINNER: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT WINNER: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 301, Senate Budget Bill, Senate Print 2105B, 10 an act making appropriations for the support 11 of government -- 12 ACTING PRESIDENT WINNER: Read 13 the last section. 14 SENATOR STACHOWSKI: Lay it 15 aside. 16 ACTING PRESIDENT WINNER: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 302, Senate Budget Bill, Senate Print 2106B, 20 an act to amend the Civil Service Law and the 21 State Finance Law. 22 SENATOR DUANE: Lay it aside, 23 please. 24 ACTING PRESIDENT WINNER: The 25 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 304, Senate Budget Bill, Senate Print 2109B, 3 an act to authorize funding for the 4 Consolidated Local Street and Highway 5 Improvement Program. 6 ACTING PRESIDENT WINNER: Read 7 the last section. 8 SENATOR DUANE: Lay it aside, 9 please. 10 ACTING PRESIDENT WINNER: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 305, Senate Budget Bill, Senate Print 2110B, 14 an act to amend the Tax Law. 15 ACTING PRESIDENT WINNER: Read 16 the last section. 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT WINNER: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 333, Senate Budget Bill, Senate Print 2104A, 23 an act making -- 24 SENATOR DUANE: Lay it aside, 25 please.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 bill is laid aside. 3 Senator Skelos, that completes the 4 noncontroversial reading of the supplemental 5 calendar. 6 SENATOR SKELOS: Mr. President. 7 ACTING PRESIDENT WINNER: Senator 8 Skelos. 9 SENATOR SKELOS: If you would 10 call up Resolution Number 895. 11 ACTING PRESIDENT WINNER: The 12 Secretary will read. 13 THE SECRETARY: By Senator Bruno, 14 Concurrent Resolution Number 895 -- 15 SENATOR DUANE: Lay it aside, 16 please. 17 SENATOR SKELOS: Lay it aside. 18 ACTING PRESIDENT WINNER: The 19 bill is laid aside. 20 SENATOR SKELOS: And please call 21 up Resolution Number 898. 22 ACTING PRESIDENT WINNER: The 23 Secretary will read. 24 THE SECRETARY: By Senator Bruno, 25 Concurrent Resolution Number 898, adopting a

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(518) 371-8910 1 budget resolution -- 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT WINNER: The 5 resolution is laid aside. 6 Senator Duane. 7 SENATOR DUANE: Thank you, 8 Mr. President. 9 I'd like to call a very brief 10 Minority conference in Room 315. 11 ACTING PRESIDENT WINNER: There 12 will be a very brief Minority conference in 13 Room 315. 14 Senator Skelos. 15 SENATOR SKELOS: I would point 16 out that Senator Duane mentioned that the 17 conference would last five minutes, so we will 18 give him the benefit of the doubt and 19 reconvene at ten after 5:00. 20 ACTING PRESIDENT WINNER: The 21 Senate stands at ease until ten after 5:00. 22 (Whereupon, the Senate stood at 23 ease at 5:04 p.m.) 24 (Whereupon, the Senate reconvened 25 at 5:25 p.m.)

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(518) 371-8910 1 ACTING PRESIDENT WINNER: The 2 Senate will come to order. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, at 5 this time if we can start with the 6 controversial calendar, with Number 333. 7 ACTING PRESIDENT WINNER: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 333, Senate Budget Bill, Senate Print 2104A, 11 an act making appropriations for the support 12 of government, HEALTH AND MENTAL HYGIENE 13 BUDGET. 14 SENATOR SMITH: Explanation. 15 ACTING PRESIDENT WINNER: Senator 16 Bruno, an explanation has been asked for. 17 SENATOR BRUNO: Thank you, 18 Mr. President, Senators. 19 The bill that's before us 20 represents the Governor's proposal for 21 healthcare reform as part of the budget. 22 And let me share a point of view. 23 Tax increases on the healthcare delivery 24 system are not reform. Most of what is here 25 has been proposed to the Legislature over the

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(518) 371-8910 1 last ten years and rejected, sometimes 2 unanimously, both sides of the aisle. This 3 proposal before us is not reform. You have 4 rejected most of this year after year after 5 year. 6 So what is in this budget? 7 Depending on how you count, about a 8 billion-three to a billion-five in cuts or 9 increases in assessments in your districts for 10 your constituents who need a quality of 11 healthcare that's accessible and that's 12 affordable and that really puts patients 13 first. 14 So we respect this Governor and his 15 great desire for reform. We have done a lot 16 of things together this year, things that we 17 have been, for years, in this house trying to 18 get done. You know what they are. And 19 there's a lot more we're going to do. 20 But what is before us is not 21 healthcare reform. It doesn't do anything to 22 encourage doctors to practice, stay in 23 practice. It doesn't do anything to attract, 24 retain, retrain healthcare delivery personnel. 25 It deprives even some of the home care, the

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(518) 371-8910 1 rural care to people that are presently 2 getting it. And the ramifications can mean up 3 to 12,000 layoffs in healthcare delivery here 4 in this state. 5 So that when you go down the litany 6 of what is here, every member here can access 7 specifically what the negative impact of the 8 bill that's before us will cause to their 9 constituency. So this gets to be a moment of 10 truth. A moment of truth. Do we politicize 11 this whole process? Do we just choose up 12 sides? Or do we do what we're elected to do, 13 to be representatives? 14 And if I went down some of the 15 specifics, as I'm going to ask you to do as 16 you examine this, take a look at the cuts in 17 the hospitals in your districts, take a look 18 at the cuts in the nursing homes in your 19 districts. Take a look. They're on the 20 sheet. And if you need them, ask me. I will 21 read them to you. 22 And right around here, Senator 23 Breslin's district, my colleague, my friend. 24 Sometimes. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BRUNO: Albany Med, right 2 here, greatest healthcare delivery provider in 3 17 counties. What we're talking about here is 4 what the Governor proposed, match most of 5 Medicaid with the feds. You're up to almost 6 $3 billion in cuts, in pain and in punishment. 7 Albany Med I think is somewhere in the 8 neighborhood of $13 million, combined cuts. 9 Cuts. St. Peter's, 7 or 8 million. 10 What does that mean? What does 11 that mean to people who go in when they're 12 sick, when they're injured? What does that 13 mean? That's not reform. That's pain. 14 And unless I'm mistaken, there's an 15 expansion plan in your district that may not 16 take place, approximately 170 people being 17 added there in every aspect of healthcare, 18 which may not take place. 19 So those are the decisions that 20 we're asking you to make. Senators, we want 21 you to take a look at the responsible thing -- 22 and I'm not lecturing and I'm not preaching. 23 But as I take a look here -- and I'm not go to 24 take the time to read through the impact of 25 these cuts -- not reform, cuts.

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(518) 371-8910 1 You want reform? You want reform? 2 Two or two and a half years ago this body had 3 a Task Force on Medicaid Reform. There were 4 40 bills that resulted from that. We in this 5 house passed, I believe, every single one of 6 them. 7 How many of them made it through 8 the Assembly? How many made it through the 9 Assembly? Well, let me share with you. I 10 don't think three of them made it through the 11 Assembly. 12 So this Governor, who has done some 13 great things in getting to the Assembly to do 14 what we've done in budget reform, workers' 15 comp reform, civil confinement that we 16 couldn't get done, lobbying, ethics reform -- 17 a bill that we did four or five years ago, a 18 lot of it. I'm asking this Governor to get 19 the Speaker, get the Assembly or the great 20 majority of your colleagues there to now pass 21 those reform bills that we did. Most of 22 you -- and people on the second floor, through 23 no fault of theirs, because most of them are 24 new, they don't know that we did this two or 25 three years ago.

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(518) 371-8910 1 So what do we look at? We look at 2 what we unanimously rejected last year, when 3 we had a different Governor, in this chamber. 4 That's what we're looking at. And that's what 5 the Assembly rejected. Why? Because we had a 6 different Governor. We had a Republican. Is 7 that the way you govern, depending on whether 8 the Governor is Democrat or Republican? Is 9 that how we're going to govern? Is that how 10 you're going to represent your constituents? 11 So I'm asking you, take a look at 12 the impact of the bill that's on the floor in 13 your district -- not collectively, not 14 generally, with the 2.5 to 3 billion in 15 combined cuts. 16 And yes, President Bush erroneously 17 makes recommendations and proposals to take 18 $100 billion out of the healthcare delivery 19 system in the next five years, 2.8 billion 20 impacting New York over the next several 21 years. That's wrong. That is wrong. And 22 that's why we were in Washington last week, 23 with the Speaker, with Congressman Rangel, 24 with Senators Schumer and Clinton and the 25 whole Congressional delegation, appealing to

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(518) 371-8910 1 the President not to go where they are headed 2 in depriving people of healthcare. 3 So when we look at the Bush 4 proposal, we look at this proposal by the 5 Governor, it is well-intentioned, but it is 6 wrong. It is wrong. It is not representing 7 the best interests of putting patients first. 8 Child Health Plus, we hear we have 9 to encourage people for Child Health Plus. 10 When we're depriving their enrollment with 11 employers, we're making it more difficult for 12 them in this proposal to provide insurance. 13 That's not where we want to be. 14 We have 2.7 million uninsured in 15 this state. We keep hearing we're going to 16 take 800,000 of them off the rolls. How? 17 How? How? By diminishing healthcare? By, in 18 your districts, Senators, diminishing 19 healthcare? Tens of millions of dollars in 20 cuts, that's how you're going to reduce the 21 uninsured in this state? I don't think so. 22 And if people will take a look 23 objectively, honestly, responsibly at what we 24 are purporting to do to our constituents, we 25 will vote no on this proposal as part of this

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(518) 371-8910 1 budget and then we will go on to fix the pain 2 and the hurt that is before us in this 3 proposal. 4 Thank you, Mr. President. 5 ACTING PRESIDENT WINNER: Thank 6 you, Senator Bruno. 7 Senator Hannon. 8 SENATOR HANNON: Thank you. 9 I rise to oppose this legislation. 10 At the beginning of this year I thought, when 11 we had a new Governor, we had new hope in 12 regard to what we needed to do in this state 13 in regard to health. And when the budget came 14 out, I was sorely disappointed. I was struck 15 by the number of inconsistencies that exist in 16 this whole area of health. 17 I see the Governor takes a look at 18 education and says things don't work in 19 education, and he adds money in that arena. 20 And then he takes a look at health and says it 21 doesn't work, the system is broken, and then 22 he says we'll take money away from it. I 23 can't understand that as a contradiction. 24 Senator Bruno already mentioned 25 that he has this great goal in regard to

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(518) 371-8910 1 covering children, making sure every child in 2 the state has health insurance, and talks 3 about raising the level for children's health 4 insurance to 400 percent of poverty. And then 5 you look at the document that is proposed and 6 you look at the appropriation, and there's 7 only $11 million in that for this proposed 8 expansion. I don't understand this as a 9 contradiction. Where is the actual 10 implementation? 11 And then how would there be an 12 expansion for kids if we're going to be 13 cutting back on everybody who's had a 14 healthcare provider? It doesn't make sense. 15 A catchy phrase I've heard very 16 often, I had a nurse in my office last week 17 who said, "I was just briefed by the 18 Governor's people and I was told, you know, 19 Medicaid dollars ought to follow Medicaid 20 patients." 21 I said, "Well, that sounds pretty 22 interesting. You're a nurse. You've been on 23 the floors of several hospitals. Have you 24 ever seen a Medicaid pill? Have you ever seen 25 a Medicaid bed? We don't have a Medicaid

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(518) 371-8910 1 pharmacy." What we try to do is, by formulas, 2 allocate the money for the patients that are 3 taken care of. And that's what we've being 4 been doing in this state. 5 Another thing is we hear the talk 6 about how many people we educate in this 7 state, and they go elsewhere after they're 8 physicians. We know that. This is a state 9 that has great academic medical centers. They 10 are the pinnacle of the health care in this 11 state. We have constructed it. Both sides of 12 the aisle, several generations of governors, 13 we have said that's what we want. 14 The last time we did a major review 15 of graduate medical education -- that's what 16 GME stands for -- there was a movement in the 17 nation that said we have too many doctors. So 18 what we will do, they said, as incentives to 19 the medical centers, we'll cut back. But if 20 you -- because those doctors, when they're 21 being trained are valuable staff members, 22 we'll pay you more because you're going to 23 have to replace them with other staff people. 24 So we set up a formula to do that. 25 And in the meantime, life has changed. It

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(518) 371-8910 1 turns out that we need more doctors, not less. 2 We need more nurses, not less. We have a 3 system that is facing, every year, continued 4 increased pressure because the baby boomers 5 are getting older and when you get older you 6 need a lot more healthcare. 7 People aren't happy with the 8 system. There's nobody in this state 9 connected with healthcare, connected public 10 policy, that's going to say to you this system 11 works. None. What we want is someone with a 12 vision who will actually set forth a system of 13 healthcare that we can work on making sure the 14 processes are efficient, making sure it's 15 funded, and provide the healthcare to our 16 constituents. 17 Senator Bruno mentioned that we had 18 a Task Force on Medicaid Reform. We started 19 that with Senator Meier, and we came up with a 20 whole mess of recommendations -- disease 21 management, comprehensive utilization review, 22 maximum use of technology, and I could go on. 23 Disease management. It sounds 24 pretty complicated. Just last week we had the 25 head of Montefiore Hospital in the Bronx

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(518) 371-8910 1 telling us what they have done to implement 2 disease management in the Bronx, to prevent 3 people who don't have to come into an 4 emergency room for care from having to come 5 into that emergency room. 6 By simple contact, by simple calls, 7 by making sure that all of their medication is 8 taken care of. For exotic diseases? For 9 something wrong with the heart. And to make 10 sure they don't have to visit the emergency 11 room. Saves money. Saves lives. Gives 12 better healthcare to the patients involved. 13 Our task force said we want that as 14 part of Medicaid. We had to work so hard to 15 get the demonstration programs out there. 16 They're up. They could be adopted, they could 17 be scaled up. It could make Medicaid much 18 more than a bill payer; it could make it a 19 healthcare system. That's what we want in 20 this state. 21 In the same vein, telehealth. Now, 22 the Governor talks about, oh, you know, we 23 need to have better community health. Well, I 24 don't see it in the budget. But I'll tell you 25 what we did a couple of years ago. We set up

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(518) 371-8910 1 a whole series of grants throughout the state 2 on telehealth. There's now about 40 of them. 3 And the people who testified at the 4 budget finance hearing with regard to health 5 said it's time to make this an ongoing 6 program, time to build this in as a 7 reinvestments stream in Medicaid so we don't 8 have to have people come to the hospital, we 9 don't have to have people come to the nursing 10 home. 11 The information is there. Is it in 12 the budget? No. That's what we need. We 13 need a vision, and we need an implementation 14 of that vision. 15 Thank you, Mr. President. 16 ACTING PRESIDENT WINNER: Thank 17 you, Senator Hannon. 18 Senator Smith. 19 SENATOR SMITH: Thank you very 20 much, Mr. President. 21 I for one moment thought that you 22 couldn't see me from there, though perhaps it 23 was something more to do with my tie than the 24 seat in which I sat in. But then I looked 25 over at Senator Hannon. I recognized that

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(518) 371-8910 1 he's the chair of that committee, and I'm only 2 the Minority Leader for now, so I guess you 3 chose to support him first. 4 But let me just -- 5 ACTING PRESIDENT WINNER: Senator 6 Smith, we try also to recognize those who put 7 their hands up first. Senator Hannon was 8 chose to be -- to speak prior to you. 9 So I apologize if there's any 10 slight. None was intended. 11 SENATOR SMITH: Thank you very 12 much, Mr. President. And none taken. 13 Let me -- first of all, let me 14 acknowledge the passion of the leader, Joe 15 Bruno. Passion that I can appreciate, passion 16 that I accept, passion that those of you that 17 are watching on these video screens are going 18 to accept. 19 Let me also acknowledge what 20 Senator Hannon stated. I'm not sure whether 21 or not it's factual, but I will at least 22 acknowledge what he said. 23 One of the things that interests me 24 and I guess interests many of us is that here 25 we are today talking about healthcare, and

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(518) 371-8910 1 there is debate or expressions that there is a 2 lack of interest on someone's part because 3 there is some belief that they're not trying 4 to do the right thing by the people of this 5 state. 6 I think, for the record, we need to 7 be real clear about the fact that I'm 8 assuming, at least given the remarks of the 9 leader, that everyone wants to do the right 10 thing by the people of this state, whether you 11 are in Joe Bruno's party or whether you are in 12 the Democratic Party. 13 Some people got that; some people 14 didn't. 15 (Laughter.) 16 SENATOR SMITH: But the point of 17 the matter is what we are trying to do today. 18 And by supporting this bill, we are saying to 19 the people of the State of New York that we 20 got their message. And it was a simple 21 message. Three, four years ago, two years 22 ago, when $2 billion was given to health 23 organizations and other people were hurt by 24 that across the State of New York, there 25 wasn't a tremendous outcry.

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(518) 371-8910 1 Now what we are trying to do is to 2 just rightsize that. This is not difficult. 3 This is not something that we need to spend a 4 lot of time on. I know the politics of it. 5 But the bottom line is all we're doing here is 6 trying to correct the past that had some 7 challenges. 8 All we're trying to do here is to 9 make sure 400,000 uninsured youngsters are 10 insured. That's not difficult to understand, 11 gentlemen, ladies. All we're trying to do 12 here is to make sure 900,000 adults, 13 uninsured, who live in your district, live in 14 our districts, are insured. 15 All we want to make sure is that we 16 get this right. We're not saying that what 17 has happened in the past was totally wrong. 18 All we're saying now is now we have an 19 opportunity to fix it and we should take that 20 opportunity to do that right now. 21 You've heard from your 22 constituents, you've heard from ours, and all 23 they're saying is make sure that patients come 24 first. Nothing wrong with CEOs making 25 $5 million or $6 million. Nothing wrong with

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(518) 371-8910 1 people advocating their position on the issue. 2 But if you're going to spend $21 million here, 3 $30 million here, salaries of 8 or 9 million, 4 the need of the patients outweigh what you're 5 paying and what you're offering up to make 6 this case. 7 It's very simple. The people that 8 are watching us today are saying why don't we 9 just use common sense. One plus one equals 10 two. If I'm not insured, help me get insured. 11 If I go to the doctor and I can't see the 12 doctor because the actual doctor says, Well, 13 let me check your insurance, and you may not 14 have it, you've got to go somewhere else -- we 15 have to correct that. 16 Senator Diaz has that problem in 17 his district. Senator Gonzalez has that 18 problem in his district. Senator Ruth 19 Hassell-Thompson has that problem. Senator 20 Tom Duane has that problem. Senator Bill 21 Perkins had that problem. Senator 22 Schneiderman has that problem. Senator Sabini 23 has that problem. Senator Carl Kruger has 24 that problem. Senator Huntley has that 25 problem. Senator Klein, Senator Johnson,

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(518) 371-8910 1 Senator Connor, Senator Valesky, Senator 2 Serrano, Senator Toby Stavisky, Senator 3 Sampson, Senator Dilan, Senator Parker, 4 Senator Eric Adams, Senator Bill Stachowski, 5 Senator Shirley Huntley, Senator Neil Breslin. 6 Senator Wright, Senator Dean 7 Skelos, Senator Saland, Senator Johnson, 8 Senator Bruno. Senator. 9 (Laughter.) 10 SENATOR SMITH: Senator Hannon, 11 Senator Farley, Senator Bonacic, they all have 12 that problem. 13 I only named 11 on your side. I 14 only need 11. 15 (Laughter.) 16 SENATOR SMITH: They have that 17 problem. So all we're saying is do the right 18 thing. 19 Now, let me explain to you what the 20 right thing is. Let me tell you -- because 21 you are very right on, Senator Bruno. You 22 said specifics. And I think it's important. 23 I need you, ladies and gentlemen, to 24 understand what it is that you're not doing 25 when you vote no on this bill, and I don't

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(518) 371-8910 1 think you know that. 2 I don't think you know if you vote 3 no you're going to eliminate $5 million that 4 would expand access to cervical cancer 5 vaccines. I don't think you know if you vote 6 no you're taking $5 million for public 7 education, mammographies, colorectal 8 screening, infection control, prenatal care, 9 green cleaning products. I don't think you 10 know, if you vote no for this, $3 million 11 would have been used to prevent childhood lead 12 poisoning. I don't think you know, if you 13 vote no, you eliminate $2 million for obesity 14 prevention. 15 I don't think you know if you vote 16 no, especially in some of these districts, in 17 our districts, $2 million dollars for prenatal 18 postpartum home visits. Do you know how many 19 of our young ladies cannot afford, do not have 20 the ability to go to the hospital? You're 21 talking about home visits. 22 I'm not even talking about 23 $82 million for AIDS/HIV. I'm not even 24 talking about what you're going to do about 25 nutritional programs at $41 million.

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(518) 371-8910 1 I don't know if you got all the 2 facts. I think somebody held some of that 3 back from you. So it's our obligation to help 4 you understand the importance of being on this 5 side of the fence. So -- 6 ACTING PRESIDENT WINNER: Senator 7 Bruno, why do you rise? 8 SENATOR BRUNO: Mr. President, I 9 wonder if Senator Smith would be kind enough 10 to yield for a question. 11 ACTING PRESIDENT WINNER: Senator 12 Smith, do you yield to a question? 13 SENATOR SMITH: I will yield as 14 soon as I finish my statement. 15 ACTING PRESIDENT WINNER: The 16 Senator refuses to yield at this time. 17 SENATOR BRUNO: Thank you, 18 Mr. President. That will be sometime today? 19 (Laughter.) 20 SENATOR SMITH: Vital records 21 requirements, $6 million. Emergency 22 contraception, $2.6 million. System 23 improvements, tracking contagious disease, 24 $2.5 million. I don't think you know. I 25 don't think you know.

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(518) 371-8910 1 So what becomes important, before 2 you cast that vote and when you have to go 3 back home and talk to not only your 4 constituents but your family about what you 5 did, know the facts. Know the facts. I'm not 6 asking not to vote your conscience. Vote your 7 conscience. That's your right. But at least 8 know the facts. Check all the facts. That's 9 important. 10 You are going to do something today 11 that I hope you recognize many people will 12 follow from this day forward. This was a good 13 day for the people of the State of New York. 14 A lot of people that's uninsured are going to 15 be insured. A lot of people that need 16 healthcare are going to get that. A lot of 17 people that need the help and the education 18 are going to get that as well. 19 So I look forward to supporting 20 this bill, and I would hope that some of you 21 recognize the importance of it as well. 22 Now, Mr. Chairman, I will yield for 23 a question. 24 ACTING PRESIDENT WINNER: Senator 25 Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Thank you, 2 Mr. President. 3 Four hundred thousand children 4 added to Child Health Plus? 5 ACTING PRESIDENT WINNER: Senator 6 Bruno, are you asking Senator Smith to yield? 7 SENATOR BRUNO: I am. 8 ACTING PRESIDENT WINNER: Senator 9 Smith, do you yield to Senator Bruno for a 10 question? 11 SENATOR SMITH: Yes, I do. 12 ACTING PRESIDENT WINNER: Thank 13 you. 14 SENATOR BRUNO: And I am asking 15 Senator Smith, through the chair, 16 Mr. President, how in this proposal do you add 17 400,000 young people to Child Health Plus and 18 how do you, secondly, get 900,000 uninsured 19 insurance by cutting almost $3 billion out of 20 the system, Senator? Can you answer that for 21 us? 22 SENATOR SMITH: Well, let me 23 answer. One is we need federal approval, 24 which we will get in short order. 25 And the bottom line is what we have

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(518) 371-8910 1 done in this entire budget, Senator, as you 2 know, you pulled out one small portion of an 3 entire budget. And the reason why you pulled 4 it out was because you wanted to place our 5 conference, if you will, in the position of 6 trying to show where they are on this one 7 issue. 8 The entire budget that the Governor 9 has, as you know, the entire budget calls for 10 a savings on one portion to fund the other. 11 It's just that simple. 12 We are going to be working, you 13 went to Washington -- you went to Washington, 14 and you know that when we go to Washington, we 15 get that approval, a month or two, and the job 16 will get done. 17 ACTING PRESIDENT WINNER: Senator 18 Bruno. 19 SENATOR BRUNO: Mr. President, 20 would Senator Smith yield to another question? 21 ACTING PRESIDENT WINNER: Senator 22 Smith, will you yield? 23 SENATOR SMITH: Yes. 24 ACTING PRESIDENT WINNER: Senator 25 Bruno.

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(518) 371-8910 1 SENATOR BRUNO: You're assuring 2 this conference that the feds are going to 3 approve what you're relating to so we can get 4 400,000 children insured and 900,000 people 5 insured? Is that what you're assuring us? 6 That's my question. 7 SENATOR SMITH: My answer to you 8 is the process is we go to Washington, as 9 we've done years in the past, and we will move 10 forward with this once we get their approval. 11 SENATOR BRUNO: Would Senator 12 Smith yield to another question? 13 ACTING PRESIDENT WINNER: Senator 14 Smith, do you yield? 15 SENATOR SMITH: Yes. 16 ACTING PRESIDENT WINNER: The 17 Senator yields. 18 SENATOR BRUNO: Thank you. 19 You're very kind. 20 Senator Smith, do you know that 21 Senator Craig Johnson sitting behind you, 22 listening attentively, will have hospitals in 23 his district cut $38 million and nursing 24 homes, Senator, cut in your district 25 $6.575 million? Senator Smith, do you know

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(518) 371-8910 1 that negative impact? 2 SENATOR SMITH: Yes. And I what 3 do know is that if you have did your job three 4 years ago, we would not be here today. 5 Thank you. 6 ACTING PRESIDENT WINNER: Senator 7 Bruno. 8 SENATOR BRUNO: Mr. President, I 9 don't quite understand that answer. 10 ACTING PRESIDENT WINNER: 11 Senator, are you asking Senator Smith to yield 12 to clarify his answer? 13 SENATOR BRUNO: If he wouldn't 14 mind. 15 ACTING PRESIDENT WINNER: Senator 16 Smith, do you yield to Senator Bruno to 17 clarify your answer? 18 SENATOR SMITH: Sure I do. My 19 answer stands. 20 ACTING PRESIDENT WINNER: Thank 21 you, Senator. 22 SENATOR BRUNO: Mr. President, do 23 I have the floor? 24 ACTING PRESIDENT WINNER: Yes, 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: There is no 2 answer. 3 And, Senator Smith, we're trying to 4 keep a congeniality here and not be personal. 5 And I would respect that. I give respect and 6 would appreciate respect. 7 And when I go through -- these are 8 facts. This is not rhetoric. This is not 9 supposition. This is not dreaming and wishing 10 about what will be delivered out of 11 Washington. 12 And I can go down through, if you 13 Senators haven't looked at this -- and I would 14 like not to go down through. But many of you 15 are going to answer to the people who are 16 looking for quality healthcare. We're going 17 to have to answer to them. 18 As I look at the millions and 19 millions of dollars, like the almost 20 $17 million cut in nursing homes in Senator 21 Malcolm Smith's district -- $17 million for a 22 system that is distressed already. Two 23 million in the hospital cut in a system that 24 is distressed already. 25 Senator Stavisky, $3.5 million cut

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(518) 371-8910 1 from your hospitals that are already stressed, 2 $9.5 million in nursing homes, off the bottom 3 line. What will you answer to the people when 4 they ask you why, why am I being depressed, 5 why am I being deprived? 6 Senator Montgomery, $18 million cut 7 to hospitals, $5.7 million to nursing homes 8 cut. How will you answer your constituents? 9 Senator Sampson, almost $4 million 10 to hospitals, almost $7 million in nursing 11 homes. How will you answer people who will be 12 deprived of healthcare? 13 This is reality, Senator Adams. 14 Nineteen million cut, cut for hospitals. How 15 do you feel about that, when the patient's 16 first, 11 million cut from nursing homes? Is 17 that a good thing? Is that a reform to the 18 system? 19 Senator Savino, nursing home cuts. 20 Do you know how much, Senator? Over -- do 21 you? Over $17 million. That's what you're 22 about to support? I hope not. 23 Senator Connor, hospitals -- very 24 distressed hospitals, by the way -- 25 $20.7 million; nursing homes, $9.67 million.

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(518) 371-8910 1 I'm not making these numbers up. 2 These are from -- Senator Krueger, this is 3 from the budget: $77.5 million cut from your 4 hospitals. Do you applaud that? Do you 5 support that? That's a rhetorical question. 6 (Laughter.) 7 SENATOR BRUNO: I'm afraid you 8 might answer. 9 Nursing homes, $5.4 million. I'm 10 just picking numbers. 11 Senator Serrano, you'll be sad to 12 hear, $16 million cut from your hospitals who 13 desperately need the income. Nursing homes, 14 $11.7 million plus. 15 Senator Duane, this Governor, I've 16 got to tell you, is certainly fair in the 17 pain, Senator. Because your hospitals will be 18 $29 million less going forward than they have 19 in revenue now to deliver quality healthcare 20 to your constituents, and $5 million to your 21 nursing homes. 22 Now, Senator Schneiderman, I don't 23 want you to feel deprived, and the Governor 24 didn't either. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BRUNO: $24.4 million, 2 thank you, to deprive patients of healthcare. 3 And $18 million to nursing homes cut. 4 Now, I wish that I would make this 5 up. Senator Gonzalez, I wish that this 6 weren't true, $19 million cut to the 7 hospitals, $13.5 million cut from nursing 8 homes. 9 Now, when people are asking -- 10 ACTING PRESIDENT WINNER: Senator 11 Smith, why do you rise? 12 SENATOR SMITH: Would Senator 13 Bruno yield for a question? 14 ACTING PRESIDENT WINNER: Senator 15 Bruno, will you -- 16 SENATOR BRUNO: When I've 17 finished, Mr. President. Thank you. 18 (Laughter.) 19 SENATOR BRUNO: Senator Klein 20 wants to know how much is going to be cut in 21 his district to hospitals. $22.6 million 22 plus. 23 You got it? Okay. You got the 24 mailing? You're going to get another one. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BRUNO: Total -- oh. 2 Sorry, Senator. Eleven million cut from your 3 district there in Westchester, Senator Andrea 4 Stewart-Cousins. That surprises me some. 5 Shall I go on? Don't answer. 6 (Laughter.) 7 SENATOR BRUNO: This is fact. 8 This is not rhetoric, Senator. This is not 9 personal. These are facts. This is pain. 10 This is suffering. This is deprivation of 11 services to a community. 12 And when I look at Senator Ruth 13 Hassell-Thompson, $19 million taken out of 14 your nursing homes. Again, I wouldn't want to 15 hear your answers if we asked you 16 individually. Can your nursing homes sustain 17 that? Can the patients that are there sustain 18 that? I don't think so. 19 And Senator Breslin we've gone 20 through. And I don't want to just keep 21 repeating. But the major impact is right 22 here. 23 And Senator Thompson, $14.5 million 24 cut for hospitals, $6 million -- you 25 understand what I'm trying to clarify?

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(518) 371-8910 1 We're not talking politics. This 2 isn't rhetoric. These are facts. These are 3 dollars. And cutting and creating this kind 4 of pain is not reform. 5 Where's the reform that takes the 6 waste and the fraud out of the system? Where 7 is that? Federal studies that have been done 8 showing that there's as much as a third of the 9 system that's in waste, inefficiency, fraud. 10 Do you know what that is in this state? 11 $15 billion. Where's that in this? 12 Now, be conservative. Take 13 10 percent out of the system. Where is that? 14 That's $4.7 billion. You want reform? Let's 15 join together and let's do that, Senators. 16 Let's do that. But let's not take the dollars 17 out of the hospitals, out of the nursing 18 homes, out of community service, out of home 19 care. Let's not do that. 20 Let's do the right thing. 21 Thank you, Mr. President. 22 ACTING PRESIDENT WINNER: Senator 23 Adams. 24 SENATOR ADAMS: I'm not going to 25 be and I apologize for not being as articulate

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(518) 371-8910 1 as Senator Bruno was just now. 2 I remember when I first came up 3 here to Albany, I sat on the right side of the 4 train. And a friend of mine who was also 5 elected sat on the left side of the train. 6 And as we rode up and we moved into Rensselaer 7 Station and I got off the train, I talked 8 about some of the great houses along the way. 9 And Hakeem Jeffries stated that there were no 10 houses we were looking at, it was just water. 11 That's all he saw. 12 Two different sides of the train. 13 We were in the same car, the same ride, but 14 based on where you were seated determined what 15 you saw. What you saw. 16 What we need to do, those of us 17 who's on the left side of the train talking to 18 those of us on the right side of the train, we 19 need to have a dialogue and not only talk 20 about reform, we have to live it out. 21 And reform is not this romantic 22 terminology that we use merely when it's 23 popular on a popular issue. It is a process 24 that we embody and embrace in every aspect of 25 this chamber. So when we come together on

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(518) 371-8910 1 both sides of this ride and talk about real 2 things, then we'll see real results. 3 I'm so glad the Majority Leader 4 announced the cuts that are take placing in 5 our districts. Because it shows you if we're 6 willing to stand up for this issue, we know 7 how deep it is, particularly in those 8 districts of color. 9 When I visit my momma's friends and 10 they cut prescription drugs in half to make a 11 decision if they're going to take that drug or 12 eat, the issue is real, not make believe. You 13 can't be no great medical illusionist and all 14 of a sudden say it's popular now to talk about 15 these issues that our democratic values have 16 always talked about. 17 So I say to my counterparts across 18 the aisle, let's ride the train together. 19 Let's not merely stand up now, when we know 20 that this is a long process -- let's not kid 21 ourselves and insult the intellect and 22 intelligence of the public to make believe 23 one-house bills are going to go far. Let's 24 make this real and do some real things. 25 Criss-cross my seat. Sit in the

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(518) 371-8910 1 seat of Bed-Sty and Brownsville, and I'll sit 2 in the seat of Rochester and Troy. Let's 3 embrace each other and not only just merely 4 give some insignificant terminologies of how 5 great this is. No. Real reform, real 6 results, let's do it together. That's what 7 I'm willing to do. 8 If I'm willing to take $19 million 9 out of my district, which I am not -- I 10 realize that hospitals do so much more than 11 just take care of patients, take care of 12 patients. When that doctor leaves out and 13 goes to buy a newspaper, when that orderly 14 leaves out and decides to take one of the 15 livery cabs -- that's what we have in 16 Brooklyn -- it's about the economic value and 17 stability that comes with the medical 18 facilities in our community. 19 That's why we're willing to take a 20 stand here. That is why we can take your 21 numbers and hear you say 11 million and 22 13 million and 20 million. Because we realize 23 that there's more to this process, and we're 24 going to fight tooth and nail to see some of 25 those things that our Minority Leader

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(518) 371-8910 1 mentioned that we'll be losing that you, 2 amazingly, is willing to just dismiss, pretend 3 as though those items are not in this bill. 4 They are. They are. 5 So here's my challenge to you, 6 those of my colleagues who I've met in the 7 last two months and couple of days -- but 8 who's counting? Here's my challenge to you. 9 I'm willing to ride with you. I'm willing to 10 see the train from your view. I'm willing to 11 look out the window on my side and your side. 12 Are you willing to do the same? 13 Are you willing to really talk 14 about this terminology that has become almost 15 a curse in this institution called reform? 16 Transform, reform. Are you willing to do it? 17 Are you willing to be transparent and not 18 allow us to come here on a Monday after 19 turning our clocks up and handing us a 20 document on some trickology that you just 21 pulled today? Are you willing to do it? 22 Are you willing to talk about 23 sharing chairmanships and not merely giving 24 one because it's popular during the time? Are 25 you willing to do it? Are you willing to make

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(518) 371-8910 1 sure -- 2 ACTING PRESIDENT WINNER: Senator 3 Skelos, why do you rise? 4 SENATOR ADAMS: And let me 5 finish. I'm not willing to yield. 6 Are you willing to make sure that 7 I'm not giving merely $70,000 in my community 8 while $7 million is going in another 9 community? 10 ACTING PRESIDENT WINNER: Senator 11 Adams. Senator Adams. 12 Senator Skelos, why do you rise? 13 SENATOR SKELOS: Would Senator 14 Adams just yield for a question. 15 SENATOR ADAMS: Yes, I will, when 16 I'm finished. 17 (Laughter.) 18 ACTING PRESIDENT WINNER: The 19 Senator refuses to yield at this time. 20 SENATOR ADAMS: That's the 21 challenge. That's the -- I don't have the 22 gavel, so I can't hit it and ask for people to 23 give me the respect I give others. 24 That's the challenge that we are 25 facing. That is to say why I'm willing to

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(518) 371-8910 1 vote yes on this bill. That is why I'm 2 willing to do it with more hospitals than 3 probably anyone in here, because I'm going to 4 fight tooth and nail that the medical 5 facilities in my district and throughout this 6 state obtain what they need so we can turn the 7 door on healthcare. And I hope in the process 8 we can turn the door on real reform. 9 I thank you, Mr. President. 10 ACTING PRESIDENT WINNER: Senator 11 Skelos. 12 SENATOR SKELOS: If Senator Adams 13 would just yield for a question. 14 Maybe I didn't -- 15 ACTING PRESIDENT WINNER: Senator 16 Adams, do you yield to Senator Skelos? 17 SENATOR ADAMS: Yes. 18 ACTING PRESIDENT WINNER: Thank 19 you. 20 SENATOR SKELOS: Senator Adams, 21 maybe I didn't hear you correctly. But right 22 now we're on Senate 2104A, which is the 23 Governor's healthcare budget bill. And do you 24 understand that it's Governor Spitzer's bill 25 that many people in this chamber will be

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(518) 371-8910 1 voting against because the harm that would 2 occur throughout the State of New York -- and 3 specifically, as mentioned in your district, I 4 think it was $19 million -- would diminish the 5 quality of care throughout the state, but 6 specifically for the underserved communities? 7 Because Senator Smith can mention 8 all these wonderful programs that are in this 9 budget, but I guarantee you, when the budget 10 is finally adopted, they'll all be in there. 11 The question is, are you supporting 12 a budget that's been proposed by the Governor 13 that takes $19 million out of your 14 constituency and severely hurts those 15 individuals who work within the hospital 16 industry that are making at times very low 17 wages, certainly do not live in mansions in 18 the city, do not live in country estates, but 19 earn maybe $10, $12 an hour and are struggling 20 to make ends meet and to provide for their 21 families? 22 These are the people and the 23 individuals that, quite frankly, we're looking 24 to protect. And we're looking to protect the 25 services that your constituents deserve,

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(518) 371-8910 1 healthcare in your district and my district. 2 It's no different. 3 So I would hope that you'd join us 4 in voting down this ill-conceived budget. 5 Because as I mentioned last week, if this 6 happened last year, many of you who were here 7 in the past would be wringing your hands in 8 anguish, in anguish, that Governor Pataki 9 would have proposed such dramatic cuts to the 10 healthcare industry. Wringing your hands. 11 And quite honestly, I think we 12 should be voting this down. I think 13 ultimately, if we stand firm as a legislative 14 body and say we want to protect healthcare in 15 this state and enact real reform, it will 16 happen. 17 And as I mentioned last week after 18 your eloquent comments, Senator Adams -- not 19 that I agree with them all the time -- but 20 Reverend Sharpton, Reverend Jackson, they 21 agree with us. They agree with the 22 Republicans that we're looking to protect 23 healthcare in this state. So I would ask you 24 to join Reverend Jackson and Reverend Sharpton 25 in supporting what we're trying to do to

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(518) 371-8910 1 protect healthcare in this state. 2 SENATOR ADAMS: Well, first of 3 all, Senator, I don't speak for those people, 4 I am those people. 5 And I find that reform gets me 6 troubled when this is the first time that my 7 colleagues on the other side of the aisle has 8 put a bill on the floor and got a no vote or 9 looking for a no vote. I find that a lack of 10 reform. 11 I believe in my conversations -- 12 not only what you may have read from Reverend 13 Sharpton or Reverend Jesse Jackson -- but my 14 conversation with Reverend Sharpton, one of 15 them, this weekend, his concern is protecting 16 our healthcare system. And I believe I'm 17 going to be a voice in doing so. 18 SENATOR SKELOS: Senator Adams, 19 you know -- 20 ACTING PRESIDENT WINNER: Senator 21 Skelos, are you asking Senator Adams to yield? 22 SENATOR SKELOS: Yes, if he would 23 yield for a question. 24 ACTING PRESIDENT WINNER: Senator 25 Adams, will you yield to Senator Skelos for a

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(518) 371-8910 1 question? 2 SENATOR ADAMS: Yes, I will. 3 ACTING PRESIDENT WINNER: Thank 4 you, Senator. 5 SENATOR SKELOS: Senator Adams, 6 do you realize that your hospitals -- and I 7 think you do -- would lose $19 million? Do 8 you also realize that the Governor's cuts on 9 your nursing homes -- Caton Park Center for 10 Nursing, Dr. Susan Smith McKinney Nursing 11 Home, Marcus Garvey Nursing Home, New York 12 Congregational Nursing Center, Rutland Nursing 13 Home -- they would lose $11 million? 14 So in your district alone, 15 $30 million would be stripped out of 16 healthcare within your district. Do you 17 realize that? 18 SENATOR ADAMS: In my meetings 19 with all of the nursing homes, Senator -- CNR 20 Nursing Home on Classon Avenue, Albany Nursing 21 Home on Albany Avenue, all of my nursing 22 homes -- there's one thing that they're clear 23 on, that we're in the embryo stage of this 24 process. 25 Before we give birth to any

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(518) 371-8910 1 legislation or bill, we will address those 2 issues, I will be a fighter for those nursing 3 homes. And even hospitals in your district I 4 will fight for, I assure you of that. 5 SENATOR SKELOS: And I thank you 6 for that, very much. 7 But also, before, you mentioned 8 that the bill is just being presented to you. 9 I believe the Governor's cuts that we're 10 discussing today in this legislation have 11 certainly been on the desks and been since 12 January, that this has been out there in the 13 public domain, that many of us in this chamber 14 have studied or should have studied to 15 understand the impact that would occur in our 16 districts or statewide. 17 SENATOR ADAMS: The beauty of 18 having a stenographer here is when someone 19 attempts to take your statements and turn them 20 to what they want. That is not what I stated. 21 And I'm sure your colleagues will inform you 22 on exactly what I stated. 23 When we came in today, we found 24 out -- trickology was the terminology I 25 used -- that you were going to present this

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(518) 371-8910 1 bill today. You had the entire weekend to 2 share it. You could have told us last week 3 what was your game plan of all of a sudden 4 forcing this bill to the floor today. That is 5 what I stated. 6 I read and I was addressed of the 7 Governor's bill. 8 SENATOR SKELOS: Senator Adams, 9 if you would continue to yield. 10 ACTING PRESIDENT WINNER: 11 Senator, do you continue to yield? 12 SENATOR ADAMS: Yes. 13 SENATOR SKELOS: I certainly 14 would hope that you know that there have been 15 hearings on all of these issues. 16 And in fact, the Senate -- through 17 our leader, Senator Bruno -- the Assembly, and 18 the Governor have set up a schedule so that we 19 can get an on-time budget. And certainly what 20 we are doing today and will do the rest of the 21 week is working towards conference committees 22 so that we can have an on-time budget. 23 And in fact, I don't understand it, 24 Governor Spitzer was critical of us today, 25 harshly critical, for not being on time, when

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(518) 371-8910 1 we're right on schedule. 2 So the idea of what we're doing 3 today is, number one, to reject these 4 ill-conceived cuts, and I underline cuts, and 5 to move forward to have real reform to protect 6 our mutual constituents to make sure that they 7 have the quality of care that they deserve, 8 and that we have an on-time budget. 9 SENATOR ADAMS: Senator, I 10 applaud you and your desire of moving with an 11 on-time budget. But you and I both know -- 12 although I'm a freshman here in the Senate, 13 I'm not a freshman to life -- you know we have 14 never voted on this budget at this early a 15 part of the process. You are aware of that. 16 And I hope that the same enthusiasm 17 that you are showing now to move things ahead, 18 you're going to continue to show that 19 enthusiasm as we move through the entire 20 process. Because I know on this side of the 21 aisle we are very enthusiastic, extremely 22 enthusiastic of assisting in any way possible 23 of moving this process ahead in a very 24 transparent and very clear manner. And we are 25 looking forward to doing that with you.

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(518) 371-8910 1 ACTING PRESIDENT WINNER: Senator 2 LaValle. 3 SENATOR LaVALLE: Thank you, 4 Mr. President. 5 As each of us have served in the 6 Legislature we have gotten into little niches 7 in terms of program issues. Most of my career 8 has been spent in education and higher 9 education. But because of healthcare issues 10 in my district, several years ago I got 11 involved in a discussion and a dialogue with 12 the hospitals in my district. And there are 13 five in the First Senatorial District. 14 I now appreciate education and 15 higher education, because the healthcare 16 issues are so complex and there is no linear 17 methodology to resolving an issue. But 18 through a great deal of discussion, we were 19 able, with three hospitals in the east end of 20 my district, to come together and form 21 alliances and a network to utilize the 22 financial resources and the physical resources 23 and the doctors and nurses to the utmost. 24 That took about two years and was codified by 25 the Berger Commission, and brought in a fourth

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(518) 371-8910 1 hospital. 2 I mention that because one of the 3 things in all of forming an alliance is the 4 grease are the dollars. And so the dollars 5 are out there, there are some dollars out 6 there in pots that only Senator Hannon quite 7 knows, both from federal and state, to make 8 part of it work. 9 But when you take out of the system 10 a million dollars for the Peconic Bay Medical 11 Center, $297,000 for a small hospital, Eastern 12 Long Island Hospital, $2.1 million for John T. 13 Mather, $627,000 for Southampton Hospital, and 14 $1.7 million for St. Charles Hospital, that 15 really is a torpedo to the bow of trying to do 16 anything creative or anything in the way of 17 reform. 18 When you add to it -- and all of 19 you know, as you talk to constituents, elder 20 care is a big issue. People talk about it all 21 the time. You take out of the system for the 22 hospitals $5.8 million and then you take out, 23 to boot, another $6.7 million out of the 24 nursing homes. And all of that, in the First 25 Senatorial District, computes to 12,000 jobs.

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(518) 371-8910 1 When you take 12,000 jobs out of the system, 2 you cannot possibly be putting patients first. 3 You just can't. 4 Senator Bruno talked about that 5 this reform came before us in another 6 Executive Budget or two and this house 7 rejected it. This house said it didn't 8 provide patient care and it hurt the 9 healthcare system in our communities. So when 10 I just look at -- and I can't speak about any 11 other Senate district. I've heard Senator 12 Bruno talk about cuts in other districts, both 13 to the hospitals and to the nursing homes. 14 But all I can say is that when I 15 get letters, as I did from someone involved 16 with the Eastern Long Island Hospital -- and 17 it says: "I know Eastern Long Island Hospital 18 cannot withstand further reimbursement cuts. 19 Our costs for everything from medicine to 20 staff salaries continue to rise. 21 Reimbursement from insurers and government has 22 failed to keep up with these rising costs. By 23 imposing these new cuts, the Governor would 24 harm not only our facility but the communities 25 and patients who rely on our services.

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(518) 371-8910 1 "Eastern Long Island Hospital puts 2 patients first 24 hours a day, 365 days a 3 year. We strive to improve the quality of 4 care and to improve the health of our 5 communities while reaching out to the 6 underserved. The Governor's proposals would 7 seriously undercut our efforts to provide 8 access to care within our communities." 9 So the two issues are providing 10 access to quality care and the issue of 11 quality patient care. So from the perspective 12 of the people of the First Senate District, I 13 couldn't possibly support this bill. And when 14 the time comes, I will vote the way the people 15 of the First Senatorial District, if they were 16 sitting in this seat, would vote. 17 Thank you, Mr. President. 18 THE PRESIDENT: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Thank you, 21 Mr. President. 22 Senator Hannon said it right. He 23 talks about Governor's comments about the 24 education system being broken and let's put 25 more money into it.

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(518) 371-8910 1 The healthcare system is in 2 trouble, broken. We all agree it needs 3 reform, we all agree it needs to be fixed. 4 But he also took all the money out of it. And 5 this bill, this budget bill that we're voting 6 on now, which some have referred to as 7 trickology, this bill is what's on the floor. 8 This bill will take out of my district nearly 9 $18 million from the hospitals and another 10 $13 million from the nursing homes. 11 In talking to these people, in 12 talking to the leadership of the hospitals and 13 the nursing homes that I represent, they are 14 unanimous in their statement to me they cannot 15 withstand these cuts. They cannot handle 16 these cuts. These cuts will mean reduction in 17 services. Reduction in staff, as Senator 18 LaValle correctly points out, means a 19 reduction in services. 20 You cannot tell me that math has 21 changed all that much in a system where, when 22 you take away, you're somehow adding. I don't 23 believe a minus equals a plus. I never did 24 believe that robbing Peter to pay Paul works. 25 We're taking money out of the healthcare

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(518) 371-8910 1 system to fix an education system? I think 2 that's where I heard that before, that some of 3 the money is going. 4 It's my understanding that the 5 healthcare system is about $47 billion in this 6 particular budget. More than half of that is 7 federal money, driven by the money that we 8 spend here. That isn't a system that was set 9 up by George Pataki, that's a system was set 10 up under Hugh Carey and Mario Cuomo. The 11 money that we spend on healthcare drives 12 federal dollars. You spend less, you get 13 less. 14 It's very simple. It isn't hard to 15 figure out. And it's not trickology. It's 16 real. You take money away from people and 17 then you ask them to give more service. What 18 is that, another version of doing more with 19 less? It didn't work with the prior 20 administration. It's not going to work under 21 this administration. 22 I stood up here and we all stood up 23 here and voted against Governor's vetoes, we 24 voted against bills that were presented by the 25 prior administration when we thought they were

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(518) 371-8910 1 wrong. We're asking you to stand up now and 2 say to Governor Spitzer, look, this is bad. 3 This isn't good for us. This doesn't help us. 4 It doesn't help our constituents, who you want 5 to put first, who we all want to put first. 6 I don't doubt anybody's motives 7 here. I don't doubt the Governor's motives. 8 I don't think he wants to give pain. But he 9 is. He is, by an ill-conceived process. 10 Frankly, there isn't much of a process. It's 11 a lot of cuts. It's a meat ax when we should 12 be using a scalpel, if you'll pardon my use of 13 a bad metaphor. 14 This is not good budgeting. We 15 need a plan that talks to reform, real reform. 16 And that means you've got to work with the 17 hospital community, you've got to work with 18 the unions, you've got to work with everybody, 19 bring them all together. 20 Senator, I accept your challenge. 21 We'll sit at the same table in the conference 22 committees and negotiate a good budget bill. 23 But it begins here. We must pass the right 24 bill. We must pass a version. 25 And yes, we've done this at this

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(518) 371-8910 1 period of time before. You haven't been here, 2 but we've done this before. When it's 3 necessary, we'll come to the floor, we'll vote 4 this bill, we'll put a Senate budget up which 5 will have all the good things in it and take 6 out this -- reject these bad cuts. Because 7 these cuts are painful to my constituents, to 8 all of our constituents. 9 And it's time. It's time to stop 10 the campaigning and, I agree with you, stop 11 the rhetoric. And let's sit down at the table 12 across from one another as coequals and work 13 it out. When that has happened, good things 14 have come. Budget reform has come. Ethics 15 reform has come. Civil confinement has come. 16 They all came when all three sides, two houses 17 of the Legislature sitting at the table with 18 the Executive, as coequals, talking to each 19 other, working out compromises and working out 20 the proper bills. 21 That can happen with the budget in 22 the next three weeks to get a on-time budget. 23 But a good budget. Not one that robs from 24 Peter to pay Paul, not one that pits upstate 25 versus downstate. One that represents all of

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(518) 371-8910 1 our needs. 2 Mr. President, I urge my 3 colleagues, vote no on this one. Let's send 4 the right message. Let's put the right bill 5 on the floor, let's get it passed and move on 6 so that we can get to the negotiations and get 7 an on-time budget, one that does serve all of 8 our constituents, one that does put more 9 people under the system, one that does 10 guarantee insurance for all, and one that 11 guarantees access to good-quality healthcare 12 which this state has become noted for 13 throughout this country. 14 People may move to other states, 15 but they come back here when they get sick. I 16 know an awful lot of people who went to 17 Florida but got ill and came back here to 18 New York because they want our healthcare 19 system. You can't get it anyplace else. 20 So let's not kill the goose that 21 laid the golden egg here. Let's make sure we 22 keep it and protect it, but make it work 23 better. And that can be done with good, clear 24 negotiations. 25 I intend to vote aye on this bill,

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(518) 371-8910 1 Mr. President. I urge all my colleagues to do 2 so -- I vote no on this bill. I intend to 3 vote no on this bill. And I urge all my 4 colleagues to vote no also. Excuse me. 5 THE PRESIDENT: We're not on a 6 roll call, Senator. You still have time to 7 decide what to vote. 8 Senator Golden. 9 SENATOR GOLDEN: Thank you, 10 Mr. President. 11 I've heard a lot of conversation 12 here today. I've heard us consider why we 13 wouldn't put our game plan out, like this is a 14 game. What this is, Senators, it's a 15 crapshoot. And the Governor threw the dice 16 right here on this floor. And what we're 17 doing right here is gambling on the lives of 18 the citizens of this great state and our great 19 city. 20 I take a look at your cuts, I look 21 through your window in your train, Senator, 22 and I see Kings County Hospital, $5 million; 23 Kingsborough Jewish Medical, $4 million; 24 Maimonides, almost a million; New York 25 Methodist, $6 million, almost $7 million; SUNY

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(518) 371-8910 1 Downstate, one of our top hospitals, 2 $2.5 million. 3 I don't know if Senator Liz Krueger 4 was on your train, but I look at her hospitals 5 and I see the Hospital of Special Surgery, 6 $4.4 million; Lenox Hill Hospital, $6 million; 7 Manhattan Eye and Ear, over $1 million; 8 Memorial Sloan-Kettering, over $15 million; 9 Mt. Sinai, over $15 million; NYU, over 10 $10 million; Rockefeller University, $175,000, 11 God bless them. New York Presbyterian -- are 12 you ready for this? New York Presbyterian, 13 $24.5 million. 14 That is a devastation of this 15 system. It is ruining this system. We are 16 going to cause debts in this system. 17 Let me tell you about a hospital -- 18 I'm not going to mention the names of the 19 hospitals. But in Kings County, do you know 20 how long you wait in an emergency room today 21 without these cuts? You can wait in a 22 hospital emergency room 100 to 125 hours 23 waiting for a bed. Can you imagine that? 24 That's today, before we do these cuts, over 25 125 hours to get into a bed.

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(518) 371-8910 1 I don't know, I go into my nursing 2 homes, I go into my hospitals, I don't see 3 them overstaffed. As a matter of fact, I hear 4 the patients yelling, "Where's the nurse?" Or 5 in a nursing facility, "Why wasn't my aunt 6 fed?" I don't see an overabundance of staff. 7 But if you take these cuts, there's only one 8 place that these cuts are coming from, and 9 that's from the staff. 10 Think about this. You're going to 11 also put 400,000 kids on insurance and 900,000 12 adults. We have 3 million seniors here in 13 this great state today, 3 million. And in the 14 next 10, 12 years, they're going to grow to 15 5.5 million seniors. 16 We are going to devastate a system 17 that we haven't even taken into consideration 18 what those cuts will do to the future. What 19 this is, a crapshoot. It's blinking. It's 20 saying we're going to cut and freeze rates, 21 cut trend factors, and we'll come back to it 22 next year and we'll look at it. And you know 23 what? We'll see what we can do then. 24 We went through that. That's not 25 reform, ladies and gentlemen. But I want to

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(518) 371-8910 1 work with you to do reform. But this is not 2 reform. And I'll work with this great 3 Governor to do reform. But this is not 4 reform. This will cost lives. People will 5 die. 6 Victory Memorial Hospital, a 7 hospital in my community, insults to injury, 8 it's on the closing commission. Closed, going 9 to be closed. Going to try to close it. 10 Nursing home as well. They're going to try to 11 sell the nursing home off, if they can. I 12 don't see any abundance of staff at that 13 location. And it's in Chapter 11. And 14 they've asked for $1.274 million to cut from 15 the hospital and another million from the 16 nursing home. Something that they slated to 17 close. 18 So they're taking money from 19 something that they slated to close. They're 20 not even giving it the opportunity to be able 21 to give the proper care to the people that are 22 in that hospital today and to give those 23 employees an opportunity to find someplace 24 else to go. 25 It's wrong. It's wrongheaded.

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(518) 371-8910 1 It's not reform. It's a crapshoot. And this 2 crapshoot will cost people's lives. That's 3 why I'm voting no, and that's why I'm going to 4 fight to keep hospitals like Victory Memorial 5 open and, yes, try to find where this reform 6 is. Because it definitely isn't in this bill. 7 I vote no. Thank you. 8 THE PRESIDENT: The chair 9 recognizes Senator Young. 10 SENATOR YOUNG: Thank you, 11 Mr. President. 12 I've listened intently to the 13 debate today, and I would implore those who 14 support these cuts to reconsider. I heard 15 Senator Smith characterize the Governor's 16 budget in healthcare as being a good day for 17 the people of New York and a lot of people 18 will get better care. Actually, a lot of 19 people will get no care. 20 Senator Adams talked about reform 21 and results. Cuts are not results, and cuts 22 are not reform. Cuts are just plain bad. 23 I live in a very rural area, and I 24 just want my colleagues on the other side of 25 the aisle to realize what this does to rural

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(518) 371-8910 1 areas. I represent some of the poorest 2 counties in the state. They already are very 3 short on healthcare. I've lost 20 percent of 4 my doctors over the past three years in my 5 district. Think about that, 20 percent. And 6 a lot of the primary-care physicians who are 7 left have caseloads of up to 5,000 patients, 8 5,000. Think about that. 9 The Governor's budget takes 10 recruitment and retention dollars out of my 11 facilities and puts it somewhere else. So we 12 already have lost our healthcare 13 professionals. In Olean -- I live in Olean. 14 In Olean they have been looking for a 15 urologist to come provide patient care for 16 eight years without any success. And what 17 these cuts do is make that very dire situation 18 much, much worse. I will have facilities 19 close their doors if these cuts go through. 20 You know, you have to think about 21 the rural areas because people have very 22 limited access to healthcare already. It can 23 be 10, 20, 30 miles away from the closest 24 hospital. So you think about it. Your spouse 25 is having a stroke, you have to drive through

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(518) 371-8910 1 windy roads already, miles and miles to get to 2 healthcare. This is going to make it even 3 more difficult. And as Senator Golden said, 4 lives will be lost, people will suffer, people 5 will be hurt if these cuts go through. 6 So I'm asking you, reconsider. You 7 are losing millions of dollars in your very 8 own districts and you're hurting other parts 9 of the state, you're hurting people across 10 this state. 11 Senator Smith said do the right 12 thing. The right thing is to reject these 13 cuts. 14 THE PRESIDENT: Senator Flanagan. 15 SENATOR FLANAGAN: Thank you, 16 Mr. President. 17 A couple of observations. Senator 18 Adams raised the point about reform in a 19 couple of different ways. And I would 20 respectfully offer that this is my fifth year 21 in the Senate, but in the time I've been here, 22 I've watched Senator Hannon and former Senator 23 Meier chair a Task Force on Medicaid Reform 24 that held hearings all across the state, came 25 up with a litany of recommendations, and we

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(518) 371-8910 1 have acted on those. So that's one very 2 positive thing. 3 The second thing is, everybody sort 4 of glosses over this at this point, but one of 5 the big hues and cries from our counties was 6 that they were getting killed on Medicaid. We 7 changed that and saved our counties hundreds 8 of millions of dollars and, frankly, 9 transplanted that burden back onto the State 10 of New York. That's sort of been forgotten in 11 this dialogue, but that was a reform because 12 it put the onus back on the State of New York 13 and provided hundreds of millions of dollars 14 for counties across the state. 15 And then finally, the Senate has 16 really, through the efforts of Senator Skelos, 17 in particular, on antifraud -- and looking at 18 Medicaid reform, that is real reform. That's 19 billions of dollars that we tried to pull back 20 into the system in the right way. 21 So I can think of at least three 22 very salient and important things that we have 23 advocated for, some we've implemented. And I 24 think we have a lot left to do, and we're 25 going to need partners in that fight as we

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(518) 371-8910 1 move along the way. 2 In the district that I represent -- 3 you know, I was feeling bad until I listened 4 to some of the other numbers -- $25 million, 5 roughly, between hospitals and nursing homes 6 in my district. Senator Serrano, Senator 7 Krueger, Senator Johnson, the numbers are 8 staggering. And I know when you add in the 9 federal cuts, that doubles in my district, so 10 it's got to double in other districts. 11 But I want to focus on one positive 12 thing and use this as an example of something 13 that is actually working that will be 14 decimated by this proposal. 15 The Long Island State Veterans Home 16 at Stony Brook happens to be in the district 17 that I represent. And for anyone who wants to 18 look at a model facility, you should go look 19 at that. It's celebrated its 15-year 20 anniversary. And for the last four years in 21 particular, they've worked on a program with 22 the state, through the Senate, and the federal 23 government to upgrade their facility, to 24 renovate their facility, to keep it 25 state-of-the-art, and they win awards all the

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(518) 371-8910 1 time. 2 It is a model facility. Their 3 costs per day are much lower than many other 4 facilities not only in the state but across 5 the country. So they do it right, they do it 6 well, they deliver excellent care, their 7 employees get recognition every single year by 8 statewide organizations. But they're going to 9 get a $2.5 million cut under this proposal. 10 I know what it's like working with 11 them, and I am very proud to do it. But 12 that's just one small example of a facility 13 that's going to be absolutely destroyed by 14 these types of cuts. All the good work that 15 they've started and accomplished through the 16 years would be undermined by the guts of this 17 proposal. 18 I'm going to be voting no. 19 Thank you, Mr. President. 20 THE PRESIDENT: Senator Volker. 21 SENATOR VOLKER: Mr. President, 22 let me just say this from my perspective, and 23 I've been here for a couple of years. Senator 24 Adams, you know, I have to say something to 25 you, and it's not because -- it's not a knock

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(518) 371-8910 1 on you. One of the things -- and we don't 2 often talk about it, but one of the reasons 3 it's important to deal with this bill -- and 4 by the way, this was introduced January 31st, 5 I guess, when the Governor put it in. 6 Thanks to a lot of court decisions, 7 we are not able to do some of the things that 8 we used to be able to do. And thanks to the 9 major business community, that again opposed 10 us on a constitutional amendment which was 11 defeated, we don't have the flexibility we 12 used to have in negotiating budgets. One of 13 the ways you get better flexibility is to put 14 a budget out there and act on it. Well, we 15 are acting on it. We're going to defeat it, I 16 think. We're going to try. 17 So it gives us more flexibility in 18 dealing with this issue. And I know it's very 19 hard to explain. The media doesn't understand 20 it. But it's the facts. And hopefully, 21 someday, democracy will be restored, because I 22 think it is, and this Legislature can get back 23 to where it should be. 24 Unfortunately, the courts, in 25 agreement with the Governor -- and, frankly, I

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(518) 371-8910 1 am going to say it, some of the big business 2 people that think we spend too much money 3 supported him. But the truth is, this budget 4 is very familiar. I mean, three years ago, if 5 I remember right, we saw it then. It was 6 almost identical numbers. It was Medicaid 7 reform. 8 This house was taunted, if I 9 remember right, by some people on this side of 10 the aisle -- in fact, I think you put 11 amendments in and we defeated the amendments 12 and then we finally, of course, got all the 13 cuts out. But in the meantime, I think I 14 remember that some of those clips ended up in 15 campaigns two years ago. 16 And, you know, it was on the floor 17 that -- I just want to point that out because, 18 you know, what goes around sometimes comes 19 around. I just want to tell you that. And I 20 seem to remember Senator Krueger was 21 particularly vociferous in that. I only 22 mention that because it's a political reality. 23 But I have to tell you something. 24 Forget all this stuff. Nobody believes this 25 is reform, except maybe some major business

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(518) 371-8910 1 people. I was talking to one guy, and he 2 said, "Well, stick with us, it will help." 3 How? How does it help to cut 4 hospitals and nursing homes and the healthcare 5 industry? That makes no sense. Patients 6 first. Really? I mean, how does that help? 7 Listen, I only know my area. And I 8 can tell you -- and by the way, it's not just 9 Governor Spitzer. The combined hit of the 10 state and the federal government to Erie 11 County alone -- well, no, it's Western 12 New York, I'm sorry. It says Erie County, but 13 it's really more Western New York -- it's 14 $44 million. Now, in New York City that's not 15 big, I suppose. But to us, that's huge. The 16 state cuts are $17 million, and the federal 17 cuts are about $16 million. And that's just 18 hospitals. 19 Nursing homes -- and remember that 20 our nursing homes are not as big. In fact, it 21 probably concerns me more -- I have to admit 22 to you, I have a lot of nursing homes in my 23 district. I don't have a lot of hospitals. I 24 only have a couple that are actually in my 25 district, because most of the hospitals are in

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(518) 371-8910 1 Buffalo. One big one is in Cheektowaga, which 2 Billy and I, although it's in his district -- 3 Senator Stachowski, I'm sorry -- we share. 4 That gets hit pretty hard. Of course it could 5 get hit even harder if we let the Commission 6 on Destruction -- or the Berger Commission go 7 through. 8 But let me just say this. This is 9 not -- by the way, when you're voting for this 10 bill, in my opinion, you're voting for status 11 quo. You're not voting for reform. We went 12 through this before. In Pataki's time -- and 13 I know the media said that. Well, you know, 14 right now my paper in Buffalo is in lockstep 15 with the big business people. And they don't 16 care. 17 I mean, sincerely, this -- the 18 problem with voting for this bill is you're 19 voting against the poor and the middle class 20 and you're hoping, or they're hoping that 21 somehow this will all work out, it will all 22 work out and we'll get sort of some sort of 23 reform. 24 Well, I'll tell you this. 25 Personally, if we're going to do reform, let's

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(518) 371-8910 1 do reform. And when you say, Well, why don't 2 you do it? If we could do reform with the 3 Assembly -- we all know it, it's no secret. 4 This house passed like 34 bills here a few 5 years ago. The whole reform movement came out 6 of this side. Not that the Assembly wouldn't 7 do certain things; they would. But not the 8 real difficult things that need to be done in 9 downstate New York. And I admit it. 10 And some of that is what I call 11 poor Medicaid, and some of it is wealthy 12 Medicaid. There's no question, it's very 13 tough, because you're talking here more about 14 long-term care than anything else, because 15 that's where the big dollars are today. 16 But I have to tell you, my -- let 17 me give you an example. There's a great 18 hospital in Ontario County. And, you know, 19 most people don't realize I represent four 20 counties: Erie, Livingston, Wyoming, and 21 Ontario. It's called F.F. Thompson Hospital. 22 It's a fairly small hospital, a great 23 hospital. It gets reductions of somewhere 24 more than $450,000. And based on their total 25 budget, it hits them harder than any other

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(518) 371-8910 1 hospital because it's a comparatively small 2 hospital. 3 If this bill passes, which I hope 4 it won't, we would be in a position in all 5 those hospitals where the delivery of services 6 would be impaired. And as somebody said to 7 me: Well, they just have to cut some more 8 staff. Well, the problem is, I don't know of 9 any hospital in any area -- and I say area -- 10 that has more staff than they need. I don't 11 know of any. If there is, I don't think so. 12 I've been in some of those hospitals myself, 13 and I can tell you it gets tougher and tougher 14 every year. 15 What we need is true healthcare 16 reform. Not the kind of phoney reform that 17 says we will just take the money off the top 18 and somehow it will all work out. It doesn't 19 work that way. 20 So I beseech you -- and I know how 21 difficult it is. And I know, Senator Smith, 22 you're in a tough position because you have a 23 Governor that has a fairly high rating and 24 he's wading into the same things that our 25 former Governor waded into, and I understand

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(518) 371-8910 1 it. 2 But in the end, this house is the 3 one, in my opinion, that is going to drive 4 real reform and is going to break the 5 so-called status quo and make sure that when 6 we pass a budget it will be a budget that we 7 can all be proud of, not just for education, 8 for criminal justice but also for healthcare. 9 THE PRESIDENT: Senator Libous. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 I'm upset because I think we're 13 hiding behind the word "reform." You know, 14 that seems to be the political thing to do 15 this year because all the polls say that the 16 public wants reform. So we're hiding behind 17 that word on this very, very important 18 healthcare bill that dismantles the healthcare 19 system in New York State. 20 Because this isn't about reform. 21 This is about children, this is about 22 families, this is about access to healthcare. 23 This is about taking care of our elderly who 24 can no longer take care of themselves. That's 25 what this is about: Our families, our

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(518) 371-8910 1 children, our parents and our grandparents. 2 It's not about reform. 3 This legislation dismantles the 4 healthcare system. It does not allow us to 5 take care of our loved ones in our 6 communities. You heard the numbers, and the 7 numbers go on. And, you know, I get very 8 disturbed when I look at my own community. 9 Ten million dollars, $10 million out of our 10 community, a community who one of its major 11 hospitals last June got devastated with a 12 $20 million bill because of a flood. Wiped 13 out the whole first floor of the hospital. 14 And now we have to take another hit. A 15 community that desperately needs healthcare 16 service providers, as Senator Young said. 17 I have rural communities. I have 18 several rural health centers that will be 19 closed under this legislation. 20 Economic development and jobs? 21 Healthcare is probably, in our community and 22 upstate New York, probably the second largest 23 employer. And I would think if you look 24 around the rest of upstate New York, where 25 we're looking in small communities and bigger

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(518) 371-8910 1 communities like Syracuse -- and I know 2 Senator DeFrancisco is not here, and I wish 3 Senator Valesky were here, but -- Senator 4 Valesky, $22 million, Senator DeFrancisco, 5 $22 million out of the City of Syracuse. Not 6 only does that devastate the upstate economy 7 when it comes to healthcare jobs, but it 8 devastates access to affordable healthcare. 9 Westchester County, Senator Andrea 10 Stewart-Cousins. If Senator Spano were here, 11 he'd be on the floor fighting, fighting for 12 Westchester Medical like he has the last three 13 years. He'd be fighting for Westchester 14 Medical, not allowing -- not allowing a 15 $9 million cut. That's what he would do. 16 So it's funny when the shoe is on 17 the other foot. The change is we have a 18 different Governor now. He happens to be a 19 Democrat. So your views on healthcare have 20 changed in the last 12 months. Your views on 21 healthcare have changed. You don't care 22 anymore. You'd rather take these cuts, you'd 23 rather deny your constituents to stand up for 24 political reasons. 25 Mr. President, it's not about

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(518) 371-8910 1 reform, it's about doing our job, taking care 2 of and providing for our citizens, providing 3 for our family members, as I said when I began 4 this conversation, providing for our children, 5 providing for our families, providing for the 6 elderly. That's why I'm voting this bill 7 down. 8 THE PRESIDENT: Senator Saland. 9 SENATOR SALAND: Thank you, 10 Mr. President. 11 Mr. President, certainly everybody 12 in this chamber and at the very least 13 everybody who has been here during a prior 14 session is well aware that this is a retread. 15 Slice it, dice it, do anything you want with 16 it, this is a retread. 17 The only difference basically is 18 its genesis. We have seen this offered by 19 Governor Pataki. We didn't consider it to be 20 reform then. We rejected it with virtual 21 unanimity. We're seeing it now being offered 22 by Governor Spitzer. There's no reason for 23 any distinction between the way we should 24 treat this bill. If it was rejected under 25 Pataki, as it was time and again, it should be

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(518) 371-8910 1 rejected again under Spitzer. 2 The logic -- not the semantics, not 3 the dancing -- the logic is irrefutable. You 4 can dance, you can dodge, you can weave, but 5 the bottom line is it's the same garbage we've 6 rejected on multiple occasions previously. 7 Packaged ever so slightly different along the 8 perimeter, but the same core of garbage. 9 Is there anybody, here by the way, 10 who has not stood in solidarity with their 11 nurses and said, We don't like the idea of you 12 having forced overtime, we're with you? Are 13 we all going to stand up en masse and say 14 we've changed our mind, it's okay now to have 15 mandatory overtime? Because guess what, the 16 workforce is going to be reduced. 17 So each and every one of you who 18 has proudly said you oppose the idea of those 19 in our hospitals who are being required and 20 subjected to something they really don't want 21 to have mandated on them, overtime, are you 22 now going to say, I changed my mind, it's okay 23 because we're cutting hundreds of millions of 24 dollars -- compound that with the feds, 25 billions of dollars -- out of the system? I

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(518) 371-8910 1 don't think so. 2 Now, Senator Smith appealed to my 3 common sense, he appealed to do the right 4 thing. I believe Senator Adams said to do the 5 real thing. Well, the only real thing here is 6 this gubernatorial proposal that's already 7 been rejected time and again in this chamber 8 and, if my memory serves me correctly, in the 9 other chamber too. Call it right, call it 10 real, by whatever name you call it, it's 11 wrong. 12 He also asked if I know what I'm 13 doing. Yes, I know what I'm doing. I very 14 well know what I'm doing. I'm sparing my 15 already fragile hospitals and my distressed 16 nursing homes in my district some 17 $13.5 million in cuts, which will be 18 compounded. This is only the first year. Run 19 it out two, three, four years and see how much 20 money you come up with. And that's without 21 the federal cuts. 22 This is an abomination for 23 healthcare. This is an abomination for 24 patients. The hospitals in my district, the 25 nursing homes in my district, just as in your

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(518) 371-8910 1 district, are dedicated to providing a quality 2 of healthcare. And I know full well, I can 3 remember briefly -- recently, as recently as 4 15 to 20 years ago, having grown up in my 5 community, where we often had to go out of the 6 community because the delivery service was not 7 as sophisticated as many had in more 8 metropolitan areas. 9 Well, we've come a long way in the 10 last 15 to 20 years. We now have the ability 11 to deliver healthcare that I previously had to 12 run to Yale-New Haven for or to the Capital 13 District or to the city. And it's a delivery 14 of healthcare that the people in the 41st 15 Senate District and the people throughout my 16 region, whether they're in the district or 17 not, welcome and would like to preserve. 18 This guts it. This sends it not 19 down the slippery slope, this sends it on a 20 very fast pace spiralling down to a point of 21 which there will be no return. It's reform 22 only because someone chose to call it reform. 23 It's reform in name only. To call it reform, 24 if I can draw on Senator Adams, is the height 25 of trickology. Man, oh, man, how this can be

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(518) 371-8910 1 reform would baffle anybody who has the 2 slightest bit of logical capacity. 3 It's a substantial retread, as I 4 said before. It's not a one-house bill, as 5 was alluded to earlier, I believe, by Senator 6 Adams. This is the real deal. This is the 7 Governor's real deal. 8 The bottom line is that it would be 9 hypocrisy not to oppose it with the same 10 virtual unanimity that we have opposed it with 11 time and again over the course of the past two 12 or three years. 13 THE PRESIDENT: Senator Lanza. 14 SENATOR LANZA: Thank you, 15 Mr. President. 16 I rise also to oppose this 17 legislation and to say to my colleague, 18 Senator Adams, I accept your offer to take a 19 ride on that train. But first we've got to 20 fix that train. And I suggest to you that the 21 problem with the train is not which window you 22 look out but who is driving the train. It 23 seems as though some of your colleagues have 24 allowed that train to be hijacked by the 25 Governor.

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(518) 371-8910 1 So I'll take that train ride, but 2 first we've got to agree to drive it together 3 and be guided only by the best interests of 4 the people who send us here. 5 Senator Smith said this is simple, 6 that it's one plus one and that equals two. 7 And I agree it is simple. But I have another 8 equation, and it's that New York State's 9 healthcare system minus $1.3 billion equals 10 disaster. 11 Take a look at that, $1.3 billion 12 in cuts. That suggests, that suggests that 13 the healthcare system in this state is not 14 only just fine, but it's overflowing with 15 resources. That it's bloated, that we've got 16 room to cut it. And I'm glad that Senator 17 Bruno illustrated the numbers of cuts in the 18 various districts that would be suffered 19 across this state in my colleagues' districts. 20 And it's been suggested that we're 21 not seeing this thing clearly, that we're 22 missing something. So I've taken a look at it 23 and I wonder what it is we're missing. It 24 certainly can't be because my colleagues are 25 not supporting this, I'm sure not because it's

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(518) 371-8910 1 Governor Spitzer proposing the cuts instead of 2 Senator -- instead of Governor Pataki. It 3 must be something else. 4 When I hear numbers like 5 $27 million in cuts in one district, 6 $77 million in another, $15 million in one, 7 $80 million in another, perhaps there's a 8 different reality than I know in my district. 9 Perhaps it's because when patients enter 10 hospitals in your districts, into the 11 emergency room seeking urgent care, perhaps 12 it's because there's no wait. Maybe it's 13 because there are too many nurses in your 14 emergency rooms. Perhaps patients in nursing 15 homes in your district have the luxury of 16 having care workers who are underworked and 17 overpaid. Well, that's not the reality in my 18 district. 19 If we allow these cuts to go 20 through, one hospital and seven nursing homes 21 will suffer $27 million in cuts in my 22 district. And I can tell you, the reality in 23 my district is that they can't afford that. 24 In my district the hospitals and nursing homes 25 are on life support already. These cuts would

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(518) 371-8910 1 pull the plug. These cuts would spell 2 catastrophe. 3 You know, I'm just the new guy 4 around here. I said I wanted to come up here 5 to Albany to fight for Staten Island 6 University Hospital, to fight for Carmel 7 Richmond Nursing Home, Clove Lakes, Eger 8 Health, Golden Gate Health Center, Seaview 9 Hospital, Silver Lake and Verrazano Nursing 10 Home. That's the promise I made to the people 11 in my district, that I would come here to 12 fight, not to cut, knowing that they can't 13 afford those cuts. 14 So I ask you to join me and to 15 fight to continue to ensure that the people of 16 this state enjoy the best first-class health 17 system in the country. 18 Thank you. 19 THE PRESIDENT: Senator Sampson. 20 SENATOR SAMPSON: Thank you very 21 much, Mr. President. 22 I just want to rise, and I had an 23 opportunity here today to listen to all of my 24 colleagues. And I understand your issues, and 25 we too -- and I'm going to feel the pain like

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(518) 371-8910 1 anyone else. 2 But the bottom line here is this, 3 and I like to deal in realism. And this is 4 reality. The reality is the following. This 5 is a one-house bill. This is nothing but 6 rhetoric, politics and basically fiction. 7 You know, Senator Bruno talked 8 about we need to fix, fix the pain and the 9 hurt. Why couldn't we fix the pain and the 10 hurt before bringing this bill to the floor? 11 We could have done it by getting 12 together with the -- as we did last Friday, 13 with the CEOs and the nursing home executives 14 to deal with this issue. But at this point in 15 time, you decided to bring it. And it's all 16 about politics. 17 You know, I signed the pledge 18 saying that I would fight those cuts, and I am 19 going to fight those cuts. But I'm not going 20 to fight these cuts with a one-house bill. 21 This side of the aisle, we're concerned about 22 real reform, real revitalization and real 23 results. And that's what it is at the end of 24 the day, it's all about results. 25 What's going to happen tomorrow or

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(518) 371-8910 1 later on today, those who voted yes on this 2 aisle, in marginal districts, the next thing 3 you're going to see is press releases down at 4 their communities saying how could they vote 5 for such a heinous budget. 6 But the end of the day we all know 7 that as soon as we go into conference 8 committees, this fiction -- as I'm going to 9 tell my constituents when they ask me 10 tomorrow, this is about fiction and this is 11 about a nightmare. So when you wake up in the 12 morning, it's going to be reality. And the 13 reality is we're going to restore some of 14 those cuts that the Governor talking about. 15 And, Senator Lanza, I hear you. I 16 hear your pain and I hear your hurt. But by 17 voting for this proposal, do you know that you 18 save Sisters of Charity Medical Center an 19 additional $4.1 million? 20 You know, if we are going to say 21 you're going to cut, you're going to lose, 22 you're going to -- the bottom line is this. 23 If we're serious, if we're serious, if we're 24 serious about getting to real reform, real 25 revitalization and results, you know we need

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(518) 371-8910 1 to get together with the CEOs from the 2 hospitals and the nursing homes and sit at a 3 table and come together and put a package 4 together that we all can live with. And 5 that's what it's all about. It's not about 6 rhetoric or politics. 7 You know, and times have changed. 8 Because I remember at times when we'd bring 9 our hostile amendments or these amendments, 10 all of a sudden you're saying we're 11 grandstanding. You're doing what we did, 12 you're grandstanding. 13 At the end of the day, if you want 14 real results, let's get together in a 15 conference committee or whatever committee or 16 whatever hearings, and at the end of the day 17 let's get to results that are really going to 18 have an impact on all of our constituents. 19 Thank you very much, Mr. President. 20 THE PRESIDENT: The chair 21 recognizes Senator DeFrancisco. 22 SENATOR DeFRANCISCO: Thank you, 23 Mr. President. 24 I never thought I'd see the day 25 where a Governor's budget, a Governor from the

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(518) 371-8910 1 same party, was called rhetoric, politics and 2 fiction. And that's exactly the bill we're 3 voting on here. This isn't a one-house bill, 4 it's a Governor's bill which he believes is 5 the best way to do business in the State of 6 New York. And that's what we're debating at 7 this point in time. 8 Now, it's probably true, as Senator 9 Sampson said, that this may not be the final 10 version of what becomes law. But let me ask a 11 rhetorical question here. If you're going to 12 negotiate a budget in order to restore money 13 to hospitals and nursing homes, do you vote 14 for a budget bill, the Governor's bill, that 15 cuts everything? Does that give you 16 negotiating power? Does that give you the 17 ability to try to get more money back in? 18 I thought when you were trying to 19 negotiate something to get more money back in 20 the budget, you vote for something that puts 21 more money back in the budget so you're in a 22 better negotiating position for the final 23 vote. 24 But here we're told -- I think 25 Senator Adams mentioned we're in the embryonic

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(518) 371-8910 1 stage. Well, if I'm in the embryonic stage of 2 a negotiation, I simply don't try to put 3 myself in the worst position by what I 4 support. I try to support my position by 5 moving in the direction that I want the bill 6 to go to. And that's basically what is 7 important here. 8 The other thing that's very 9 important here, for those who were here last 10 year, you know, it doesn't show a heck of a 11 lot of integrity that because there's a change 12 in governor we're going to change our position 13 on the exact same cuts to hospitals. That 14 doesn't show much integrity at all. I think 15 we last year and the year before were fighting 16 these cuts together, and we were fighting 17 against a Republican governor. 18 Now, I don't quite understand if 19 the position is let's work together, why we're 20 working apart this year as opposed to the last 21 couple of years. 22 And we definitely -- as to the 23 issue of cuts, we definitely need cuts. But 24 cuts in the cost of Medicaid are not from 25 simply stripping hospitals and nursing homes.

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(518) 371-8910 1 Cuts that are logical are cuts in something -- 2 in the benefits that are provided as far as 3 Medicaid are concerned and what optional 4 benefits there are, what we should be 5 considering as far as fraud, cutting back on 6 various waste. That's how we take care of 7 reform. Cuts are not reform. 8 So I guess my point is simply this. 9 Everybody in this chamber is hurt. My city of 10 Syracuse gets cut, nursing homes and 11 hospitals, about $20 million. Everybody has a 12 different number. We should be joining 13 together to vote no on the Governor's budget, 14 to say this is unacceptable, so we're in a 15 better position to help our hospitals. 16 Secondly, if we need to save money 17 in the healthcare business, we need to reform 18 the system. Reform is a bunch of the bills 19 that we've passed in the past which dealt with 20 changing the system and dealing with how the 21 health delivery system works. 22 And lastly, it's a matter of 23 integrity. You can't change your position, 24 which was so firm last year, because we've had 25 a change in the party of a governor. And I

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(518) 371-8910 1 would certainly hope that people reconsider 2 the way they're going to vote on this bill for 3 all of those reasons. 4 Thank you. 5 THE PRESIDENT: The chair 6 recognizes Senator Maziarz. 7 SENATOR MAZIARZ: Thank you very 8 much, Mr. President. 9 You know, I, like many of my 10 colleagues, intend on voting no on this 11 legislation. When Senator Smith spoke, he 12 said if you vote no on this, you're voting 13 against, and he listed a whole long list of 14 very good programs in this state which we all 15 know will be in the final version of this 16 budget. 17 I want to concentrate, if I may for 18 a couple of minutes, on the nursing home cuts 19 as proposed by the Governor. 20 You know, my late mother was a 21 resident of a nursing home for approximately 22 three years. And like all nursing homes 23 across this state, I'm sure -- you know, she 24 was like a lot of residents there. She 25 couldn't walk, she really couldn't do much for

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(518) 371-8910 1 herself at all. And there was a little button 2 next to her on her bed, and she'd push that 3 button and that's when an aide would come in 4 and help her out. And I'm sure it's the same 5 in nursing homes in every one of these 6 districts. 7 And I notice that the nursing home 8 that she was in is going to suffer a cut under 9 this budget of a half a million dollars. Now, 10 you know, that nursing home is not going to 11 close with a half-million-dollar cut. But you 12 know what they're going to do? They're going 13 to lay off the janitors, they're going to lay 14 off some of those nurse's aides, they're going 15 to lay off the dishwashers and some of the 16 cooks. And when a resident of that nursing 17 home pushes that button for help, that help is 18 going to take a longer time to get there. 19 Senator DeFrancisco said it very 20 well. When some of these same cuts were 21 proposed, we did what Senator Adams suggested 22 that we do. We together rejected those cuts 23 under the former Governor by voting to 24 override his vetoes. 25 So from this side of the aisle, I

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(518) 371-8910 1 want to say that I agree with Senator Adams. 2 I think that we should get on that same train, 3 on the same side of that train, and look out 4 the same window. And we together, all of us, 5 should say that we care about that janitor and 6 we care about that dishwasher and we care 7 about that nurse's aide, because all of us 8 care about that elderly person laying in that 9 bed who doesn't walk anymore, we care about 10 that person getting healthcare quickly. 11 If you vote yes on this bill, the 12 message that you are sending -- and I know 13 it's going to be difficult for those people on 14 that side of the aisle. It was difficult last 15 year when we had to vote to override a 16 governor who was of our same political party 17 who had personal relationships with a lot of 18 people on this side of the aisle. That was 19 difficult. But we did it. And today, you 20 should do the same thing for that elderly 21 person laying in that nursing home bed. 22 Thank you, Mr. President. 23 And by the way, Mr. President, I 24 have to tell you that Senator Smith is not 25 here, he left, he was angry that you were

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(518) 371-8910 1 late. 2 (Laughter.) 3 THE PRESIDENT: Thank you, 4 Senator Maziarz. 5 Senator Robach. 6 SENATOR ROBACH: Yes, 7 Mr. President. I too rise to oppose this 8 bill. And I'll try to be brief. 9 And it's probably good that there 10 was a lot of speakers, it's an important 11 topic, and I've gotten a little calmer now 12 from some of those earlier comments. 13 I can assure you that there is 14 nothing rhetorical, there is nothing political 15 about my support for this. It is obligation, 16 focus, and merit. And I do have to say to 17 some of my colleagues, I am becoming a little 18 bit tired and a little bit surprised and a 19 little bit resentful when other people try to 20 paint everyone with the same brush or tell 21 people why they're doing something. 22 I'm going to tell you exactly why 23 I'm voting for this bill -- 24 (Laughter.) 25 SENATOR ROBACH: -- or against

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(518) 371-8910 1 this bill and am going to vote for the 2 resolution that's going to make some of these 3 restorations. 4 And we can laugh, and I like to be 5 entertaining. But I can tell you, in this 6 budget debate because the education portion 7 adds, I don't think there's going to be 8 anything more important than this. 9 And the question has been asked why 10 now, how come -- if we didn't do this, who is 11 going to set the tone for what those 12 conference committees are going to be? What 13 is the yin to the yang if everyone rolled over 14 and played dead? 15 I'm probably not going to change 16 anybody's mind, but I can assure you, and you 17 should know it, that my mother taught me right 18 from wrong before she taught me Democrat and 19 Republican. And this is one of the few things 20 I can honestly say this would be the wrong 21 thing to do, now or ever. 22 And as many of my colleagues have 23 pointed out, it's been rejected in the past. 24 We have finally made, and sometimes at odds 25 with Governor Pataki, incremental increases in

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(518) 371-8910 1 healthcare, things that are important. And 2 even with those increases, especially in the 3 nursing home side, in upstate New York in 4 particular, while this hurts everyone in the 5 state, where the nursing home reimbursement 6 rate is so low for Medicaid it's half of what 7 it really costs, it is ridiculous to call 8 trying to do more with even less any kind of 9 reform. 10 So we do have to go to the table, 11 we do have to talk about real things. But I 12 am telling you, as people who care about 13 healthcare -- and I believe you do on that 14 side of the aisle, just as we do -- we have in 15 the past, we will again, somebody has to say 16 this isn't the right way to go, we've got to 17 do something different. 18 I cannot return in good conscience 19 and say while we're doing a budget, the 20 largest increase in the history of the state, 21 $120 billion budget, but we're cutting nursing 22 homes, hospitals and healthcare to the tune of 23 $25 million in my district. I won't talk 24 about anybody else's. 25 But I can assure you, my

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(518) 371-8910 1 motivation -- and I really do believe your 2 motivation ought to be the same as mine -- 3 let's just on this important topic skip a 4 little bit of the political insider baseball 5 and let's do the right thing for healthcare 6 recipients, senior citizens, their families, 7 nurses, healthcare workers and things that are 8 going to benefit our community. 9 At least let us be the ones to 10 start the dialogue. And yes, I believe, I 11 really do believe we will get to a better 12 place in the end. But understand this, and 13 this is important. The motivation is to frame 14 that so we get to the right place. And I say, 15 if not us, who? And that should be all of us 16 in this room. 17 And it's the only part I agree with 18 Senator Adams, we should all be on the train. 19 Tell me what train is more important than this 20 in light of what's gone on in this budget. I 21 don't think there is one. 22 So if I don't change your mind, I 23 hope I've at least explained to you where I'm 24 coming from. And there's nothing political, 25 there's nothing rhetorical, there's nothing

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(518) 371-8910 1 fake about it. And hopefully, if you can't 2 join me, you'll at least understand that. 3 I cast my vote in the negative. 4 THE PRESIDENT: Senator Alesi. 5 SENATOR ALESI: Thank you, 6 Mr. President. 7 My colleagues, to be sure, I'd like 8 to speak on the budget bill that starts out a 9 bill submitted by the Governor. Not a 10 one-house bill. This is a bill submitted by 11 the Governor that attacks the healthcare 12 system in this state in a way that is going to 13 impact the people in the greater Rochester 14 area in my district to the tune of some 15 $12 million. Probably a lot more when you 16 take the greater Rochester region into 17 consideration collectively, with my 18 colleagues. Significantly more when you go 19 all across the state. 20 So when I'm voting no, it's not 21 just because of the $12 million in my 22 district. It's not just because of those 23 frail and elderly people and those premature 24 babes and those underserved people that I'm 25 voting no, whose faces I know to some extent,

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(518) 371-8910 1 whose families I know to some extent, whose 2 sickbeds I have visited. It's also about the 3 doctors and the nurses, the administrative 4 aides, the healthcare workers, the people that 5 take the buses 24 hours a day back and forth 6 to operate our healthcare system in the 7 greater Rochester area, just like they do 8 everywhere else in the state. 9 So when I'm voting no on this 10 budget bill submitted by the Governor -- not a 11 one-house bill -- when I'm voting no on this 12 budget bill, I'm voting no against the cuts 13 and the devastation that are going to impact 14 the sick and the frail, the elderly, those 15 people that are desperately in need and those 16 people that care for them. Not just in my 17 district, in your district and in your 18 district and your district and everybody's 19 district here. 20 Senator Smith made a point of 21 naming many of the names of the Senators in 22 here. I'll name the same names if you'd like 23 me to. But there's no point in doing that. 24 This is about New York State. It's about the 25 people that live here. It's about the people

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(518) 371-8910 1 that depend on us to do something reasonable, 2 like we did last year and the year before. 3 And now there's a departure. Now 4 the train is leaving the station, and it's 5 only going one way. What an analogy. 6 My train is going both ways. You 7 don't have to change seats. When you leave 8 New York City and stay north, you can stay in 9 Seat Number 10. Stay in Seat Number 10 going 10 south, and you see the other side. You don't 11 have to change anything, you just have to open 12 your eyes. And your eyes were opened last 13 year when our eyes were opened. We went 14 against our Governor because we recognized 15 that we were doing the right thing. 16 And all you have to do is the same 17 thing this year. They're the same sick 18 people, they're the same doctors, they're the 19 same hospitals, they're the same institutions 20 that are the underpinning of every community 21 in this state. You don't have to turn your 22 back on them this year. You didn't last year. 23 I saw a distinguished member of 24 Congress in this chamber just a few minutes 25 ago, a man that I served with in the Assembly,

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(518) 371-8910 1 Joe Crowley, visiting here for a St. Patrick's 2 party tonight. I guarantee you Congressman 3 Crowley is going to vote against those federal 4 cuts that are going to exacerbate these cuts. 5 And I guarantee you that 6 Congressman Serrano is going to vote against 7 those federal cuts, because they're going to 8 have an impact on his Congressional district 9 and they'll probably have an impact on a 10 certain Senate district as well. 11 Senator Krueger, almost 12 $100 million in cuts in her area. If you want 13 to go down the list, Senator Craig Johnson, 14 almost $50 million collectively, newcomer to 15 the Senate here. I'm helping, I'm offering to 16 help. Not just the people in my district that 17 are going to suffer, I'll help your people. 18 Because your people are my people. And my 19 people are your people. 20 When it comes to healthcare, when 21 it comes to taking care of people that rely on 22 us, there are no districts, there are no 23 lines, there are no boundaries. There's only 24 a healthcare system that is being squeezed by 25 this proposal at a time when they're under

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(518) 371-8910 1 incredible pressure to survive. There are 2 people who are devoted and dedicated and work 3 tirelessly in a frustrating industry where 4 people die, where people are chronically ill, 5 where there is sometimes very little reward 6 for what they do and for all the training they 7 have to go through and the blood, sweat and 8 tears that they put into it, whether it's our 9 hospitals or our nursing homes. 10 And it's not just the $12 million 11 in my district, it is the significant 12 squeezing of a system that cares for human 13 beings. It is unnecessary. It is 14 ill-advised. I am voting no on this the same 15 way I voted no on similar proposals in the 16 past and the same way that you people on the 17 other side of that train voted in previous 18 years as well. 19 I don't know what it will take to 20 make you understand that this isn't politics. 21 This is taking care of the people that rely on 22 us for their health and well-being. This is 23 taking care of an industry that desperately 24 needs our support to sustain it. 25 If you think that there's any

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(518) 371-8910 1 chance at all that you can do something right, 2 then give yourself the option of voting no on 3 this bill. 4 THE PRESIDENT: Senator Morahan. 5 SENATOR MORAHAN: Thank you, 6 Mr. President. 7 I too stand in opposition to this 8 bill. I hadn't planned to speak today; there 9 was enough speakers. But as I heard the list 10 of the hospitals rolling off the tongues of 11 other speakers, and the cuts, I thought of how 12 personal this was to me and my family. 13 When I came back from the service 14 as a young kid, I think I was making a buck 15 and a half an hour, my wife was pregnant with 16 our first child, I had to go to a clinic in 17 Manhattan to have prenatal, to have postnatal 18 and a hospital stay of seven days for the 19 birth of my first daughter. I only had to pay 20 $165. Which was three or four weeks' pay, but 21 it was still a bargain. Somebody paid for 22 that, for Tom Morahan and his first child and 23 his wife. 24 In that same hospital, my mother 25 was a patient. Right across the street, in

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(518) 371-8910 1 the Hospital for Special Surgery, my one 2 daughter had a brain operation. Another 3 daughter had her legs worked on. And that was 4 all through clinic activity. Otherwise, I 5 couldn't afford that sort of help. 6 And I look at the list here -- and 7 I'm not going to talk about my particular 8 district. Yes, my district takes over a 9 $10 million hit with the hospitals and nursing 10 homes. 11 But I want to talk a little bit 12 about Sloan-Kettering. It's taking a 13 $15 million hit. Ten years ago, I went down 14 there with not a whole lot of hope. I had 15 invasive cancer, had to be operated on, had to 16 be treated, chemo, the whole nine yards. Not 17 a very happy prospect. Last Thursday I was 18 down there for my tenth annual review since 19 that operation. Thank you, Sloan-Kettering. 20 I'm not going to vote to cut your hospital 21 funding $15 million. 22 My daughter Joan, the same one who 23 was treated in the Hospital for Special 24 Surgery, was treated in Sloan-Kettering for 25 breast cancer. She now is in recovery and

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(518) 371-8910 1 remission. 2 I think about Senator Cousins and 3 the Westchester Medical Center, where people 4 work 48 hours straight to save the life of my 5 daughter Theresa. Unfortunately, they lost 6 the battle, but not for lack of will or 7 resource. Around the clock, 48 hours. A 8 20-hour operation. 9 So these are very personal feelings 10 I have that prompt me to speak tonight. 11 It's unconscionable to call cuts 12 reform. Are there reforms necessary? Yes. 13 One bill I put in last year would make the 14 HMOs do hospital reinvestment with the massive 15 profits they take out of the system, to go 16 after providers who may miscalculate, to put 17 in an IBM methodology that can check the 18 accuracy of billing. These are reforms, not 19 cuts. 20 So I think as it impacts on my 21 family -- and Bellevue Hospital, where my 22 father died. I'm a city kid, born in the 23 South Bronx, raised in the Bronx, lived in 24 Queens, moved to Rockland. But my heart and 25 my soul are and my family's life has been

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(518) 371-8910 1 impacted so radically and so well by hospitals 2 in the metropolitan area that I could never 3 vote for these cuts. Didn't vote for them 4 last year, fought them last year, fought my 5 Governor, our Governor who was in place last 6 year. 7 And I'm not looking to pick a fight 8 with Governor Spitzer. I think his heart's in 9 the right place. Something has to be done. 10 Something has to change. But I have to tell 11 you, this isn't it. This is not the change. 12 We can't blame the providers, the 13 hospitals. The ones in my district, every 14 time I pick up a paper, they're virtually in 15 red. One hospital now is making a comeback. 16 We just allowed -- the state has just allowed 17 them to now put in open-heart surgery 18 facilities and that's in Good Sam in Suffern, 19 New York, so we can keep our patients in 20 New York, not in New Jersey. 21 So I think you really have to think 22 about this and not get swept up with the 23 reform mentality, because this truly isn't the 24 way to go for reform. This is cutting, and 25 it's going to wind up putting hospitals under

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(518) 371-8910 1 greater pressure, less personnel. 2 I'm the sponsor of a bill that 3 prevents or would prevent a hospital mandating 4 overtime, making nurses work 16 hours a day 5 because they don't have enough nurses. People 6 dealing with our parents and our children and 7 our grandparents and our fathers and mothers 8 working 16 hours a day, potential for 9 mistakes. It's not right. 10 I'm asking you, let's just stand 11 here as an institution and say we're not going 12 to cut healthcare in the State of New York, 13 we're going to reform it. We'll work with the 14 Governor on true reform. We'll work to get 15 things done right. 16 But this -- while I was not 17 compelled to speak, I was as I heard the 18 numbers rolling out as a litany of cuts. And 19 knowing what these hospitals do for us, the 20 nursing homes, what they do for us. I think 21 I'm the only one in my family ready for that, 22 okay. 23 But I think we have to really be 24 reasonable and say these cuts really are out 25 of line. Let's send our message that this is

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(518) 371-8910 1 not the way we want to reform, but we do want 2 to sit with the Governor, we do want to sit 3 with the Assembly and we do want to enact 4 reforms that are meaningful and will not cause 5 pain to our clients, to the patients and the 6 people who need our care. 7 Thank you, Mr. President. 8 THE PRESIDENT: Thank you, 9 Senator Morahan. 10 Senator Leibell. 11 SENATOR LEIBELL: Thank you, 12 Mr. President. 13 I rise in opposition. And we've 14 had quite an opportunity now to hear our 15 colleagues speak on this issue. And I have to 16 say that I find it to be especially 17 disappointing because we have joined together 18 across the aisle on this precise issue, on 19 these same types of numbers, over the last few 20 years. 21 And no one likes to disagree with a 22 governor from your own party. I have to say, 23 though, on this side of the aisle we got quite 24 used to that when it was necessary. It's not 25 easy. Governor Pataki was my constituent.

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(518) 371-8910 1 It's not a pleasant thing to have to go 2 through. But you do it if you're in the right 3 and if you're convinced of your position. 4 Let me suggest to my colleagues 5 that there will be no more important issue 6 that we will be discussing during this budget 7 period and possibly during this session. 8 All of us, to see friends and 9 family as well as because we're legislators, 10 we go to hospitals all the time. I daresay 11 there's not one of us that isn't there on a 12 constant, repetitive basis. And when we walk 13 into our hospitals, whether in Queens or 14 Staten Island or in Buffalo, what is the one 15 thing you see? You see incredibly dedicated 16 professionals -- nurses, aides, doctors, 17 behind the scenes, the technicians, 18 administrators, who work 4/7, 365 days a year 19 under tremendous pressure. 20 When we go to those hospitals, we 21 see the workload they carry. Most difficult 22 jobs, tremendous pressure, terrible hours. 23 We have a tremendous healthcare 24 system despite that, but it's a very fragile 25 one. The numbers we are looking at here will

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(518) 371-8910 1 break a number of those facilities. For all 2 of them it will mean reduced quality of care, 3 and that will ultimately translate into lost 4 lives. 5 Senator Adams made reference to all 6 of us taking a train ride. I'm going to 7 suggest to you that a more appropriate trip 8 would be in an ambulance. And when you take 9 that ambulance ride, will there be a hospital 10 open at the end of that ride? And if you do 11 find a hospital, what will that emergency room 12 be like? 13 I think all of us have received 14 various correspondence on this issue. I 15 pulled out one earlier today from the Health 16 Care Association of New York State. And they 17 refer in their letter to an already fragile 18 infrastructure, that hospitals in New York 19 State would lose $2.5 billion over the next 20 five years, that these proposals would 21 seriously damage our healthcare system. 22 I'll tell you, as aggressive a 23 lobbying as I have ever seen occurred last 24 year. As some of you may know, I represent a 25 lot of Westchester County. Well, I had the

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(518) 371-8910 1 county executive and his chief of staff and 2 the county legislature practically camped out 3 in my office. And why were they there? To 4 save a critical facility -- not just for 5 Westchester County, but for the Hudson 6 Valley -- Westchester Medical Center. And we 7 were successful. And through your kind 8 support, that very important regional tertiary 9 medical center will receive $75 million over 10 the next five years. 11 I have to say I'm somewhat 12 surprised because those same local officials 13 that lobbied me so aggressively last year, I 14 haven't heard from them this year. But 15 Westchester Medical Center, under this 16 proposal, will lose over $9 million. 17 What was that effort all about? 18 Was that just an interesting exercise? We 19 give them 75, we take back 9. What was the 20 difference between then and now? Politics 21 changed. The Governor is different. That 22 hospital still needs to survive, and if it 23 doesn't, people will die. 24 This is a terrible piece of 25 legislation. It deserves our bipartisan

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(518) 371-8910 1 rejection. It certainly has mine. 2 Thank you, Mr. President. 3 THE PRESIDENT: Senator Nozzolio. 4 SENATOR NOZZOLIO: Thank you, 5 Mr. President. 6 I am compelled to rise in 7 opposition of this measure, but do so with 8 great pride in the discussion that we saw and 9 heard before us this afternoon. Each of my 10 colleagues who have spoken so eloquently about 11 this policy change that would be devastating 12 to our state and nation is to be 13 congratulated. 14 The eloquence of particularly Tom 15 Morahan, who talked about what the essence of 16 this debate really is. It's not about 17 hospitals, it's not about nursing homes, it's 18 not about dollars to healthcare. What it is 19 first and last about, it's about the patients 20 of this state, those who need care. Those who 21 need to be in nursing facilities, those who 22 need physician treatment, those who must get 23 care in an emergency room. 24 This is about patients, not about 25 dollars. And I'm very proud of my colleagues

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(518) 371-8910 1 who stood tall to discuss their concerns, to 2 tell us what drove them to rise up against 3 this measure. 4 What's troubling me is the attitude 5 that there is enough in this healthcare system 6 to take care of us even if this measure was 7 enacted. 8 My colleagues, I was born in a 9 hospital that no longer exists. The hospital 10 in the neighboring community was forced to 11 close. Down the road in the next county, 12 another hospital just recently had a similar 13 fate. Three hospitals in the Central Finger 14 Lakes, closed. What this measure would do was 15 to close more facilities in my region. 16 There's no question about it. 17 Auburn Memorial Hospital has 18 galvanized the community in support of them. 19 They've had some rocky times, but the 20 community has risen up and supported the 21 facility, done great things and is planning to 22 do more things to ensure the stability of 23 healthcare in the Eastern Finger Lakes. This 24 proposal hurts that effort. 25 And with Geneva and Clifton Springs

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(518) 371-8910 1 just down the road, those facilities will be 2 significantly damaged by this proposal. 3 That's why I must oppose it. 4 There were, a week ago, 60 who 5 traveled from the Finger Lakes and came to 6 Albany just to discuss this issue. They got 7 up at 3:00 a.m. in the morning to be here, to 8 be part of the deliberations and to advise 9 their Senator and their Assemblyman and 10 whoever else would listen that this facility 11 was at risk and that they were striving to 12 provide patient care but could not do so if 13 this proposal went into effect. 14 I pledged to them that I would 15 fight for their concerns, because their 16 concerns are the concerns of all people. To 17 have a facility, a hospital, an emergency room 18 when you fall down and break a leg, when you 19 have a heart attack, when you're in danger of 20 a stroke, that you don't have to travel hours 21 and hours to find the closest facility and 22 hopefully get care there in our cities. 23 And as Senator Alesi and Senator 24 Robach said, even those facilities in 25 Rochester are at risk by this proposal. So

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(518) 371-8910 1 that our entire region, our entire region, 2 from Syracuse to west of Rochester, is at risk 3 by this proposal. 4 I'd also like to say, 5 parenthetically, there's been a lot of 6 publicity about the upstate economy. And this 7 proposal is not about jobs directly. But 8 certainly how can we revitalize the upstate 9 economy, what business, what industry in their 10 right mind would come to an area that has no 11 healthcare? 12 How could we convince a business to 13 locate in upstate New York? And there's a lot 14 of attention being given -- we have an upstate 15 economic developer now, something that we did 16 not have before. But how can that developer 17 bring jobs to the Finger Lakes region, to 18 Western New York, to upstate New York if there 19 are no healthcare facilities to service the 20 workers who are who are going to live there 21 and work there? No business would make such a 22 move without adequate healthcare. And in 23 fact, we are at further risk if this proposal 24 goes into effect. 25 Lastly, my colleagues, I want to

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(518) 371-8910 1 mention the Mercy Health and Rehabilitation 2 Center in Auburn, New York. That facility 3 loses $778,000 in this proposal. Now, those 4 numbers are small compared to those big 5 hospitals in New York City and those big 6 teaching facilities in particular in our 7 state. But $778,000 taken out of the budget 8 of the nursing facility in the city of Auburn 9 that for years has provided care. 10 I'll never forget my visit there 11 last fall when we helped them with some 12 financial assistance. And one of the 13 volunteer receptionists, who herself is 14 eighty -- well, she wouldn't like me to say 15 this, but she's 85 years old, she told me very 16 clearly: "Don't let this facility close." 17 She's giving her heart and soul into making 18 sure that those older and than her and more 19 infirm than her have a place to be cared for. 20 Mercy Rehab will close if this 21 proposal, which takes $778,000 away from them, 22 is enacted. I can't stand for that. 23 That's why I'm so proud of my 24 colleagues for standing tall in opposition to 25 this proposal. We'll oppose this and move on

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(518) 371-8910 1 and negotiate a good budget, a budget that 2 will provide care and provide reform in many 3 of the areas we seek reform and have been 4 fighting for reform for many, many years. 5 But closing Mercy Rehab isn't 6 reform. That's why I oppose this measure. 7 Thank you, Mr. President. 8 THE PRESIDENT: Senator Winner. 9 SENATOR WINNER: Thank you, 10 Mr. President. Very briefly. 11 I think that one point that has not 12 really been addressed in this debate is really 13 a very, very important point when it comes to 14 some of the hospitals and nursing homes and 15 others in the upstate region. And certainly 16 the type of hospital in an area such as mine 17 is such a significant fabric of the community. 18 But one thing that's been 19 overlooked is what kind of a message does this 20 send to -- you know, when I grew up and raised 21 my three daughters in elementary school in 22 Elmira, one of the big things that we used to 23 do was we used to have this event every year 24 where the kids would come to an auditorium and 25 they'd do what's known as the Children's

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(518) 371-8910 1 Miracle Network and raise money for the 2 neonatal intensive care unit at the Arnot 3 Ogden Memorial Hospital. 4 And that event was one of the 5 significant events that brought together 6 families that were all dedicated to the 7 principle that we need to ensure that there's 8 quality healthcare, particularly neonatal 9 intensive care quality, provided to that 10 community to make sure that there was the 11 necessary equipment and make sure that we had 12 a good quality healthcare particularly for 13 those young families. 14 You know, and what kind of a 15 message does this send when those kids and 16 those families and those philanthropic efforts 17 are trying to get together to raise a few 18 thousand dollars and put in all that effort 19 into a charitable, philanthropic effort and 20 then the Governor goes ahead and whacks 21 $894,000 out of the pockets of the Arnot Ogden 22 Hospital? 23 What kind of a message does that 24 send to everybody who is out there trying to 25 solicit money, providing volunteer efforts to

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(518) 371-8910 1 try to support those types of facilities, when 2 he goes in front of a group and insults every 3 one of the CEOs and the other administrators 4 and managers of these things, calling them big 5 bad institutional healthcare providers who are 6 somehow evil and taking advantage of the 7 citizens of the State of New York? 8 What kind of a message does that 9 send to those of you who are doing all that 10 kind of charitable, philanthropic efforts to 11 try to support your community, support your 12 community hospital or support your other 13 institutional healthcare providers in your 14 community which have always been the fabric 15 and the backbone of our neighborhoods, 16 particularly in upstate New York? 17 I think that's a pretty lousy 18 message to send. And I think it's pretty 19 lousy to talk about demeaning all of the 20 charitable and philanthropic efforts that are 21 being done by those individuals in trying to 22 support those institutions. 23 That's why this proposal is also so 24 completely outrageous, is because it insults 25 all the hardworking men and women out there

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(518) 371-8910 1 that are trying to do their efforts to try to 2 support these healthcare institutions, because 3 they know that they're essential to the fabric 4 of their communities. 5 You know, I listened to Senator 6 Smith, your leader, indicate that, you know, 7 if you vote against this bill you're voting 8 against this, you're voting against aides, 9 you're voting against community health 10 facilities, you're voting against whatever 11 you're voting against, a whole laundry list of 12 things that you're going to be voting against 13 if in fact you vote against this bill. 14 But let me tell you what you're 15 voting against if you vote for this bill. You 16 are definitely voting to cut hundreds of 17 millions of dollars out of your hospitals, 18 you're voting to cut hundreds of millions of 19 dollars out of your nursing home facilities. 20 Because that's what you're voting for. 21 And you can't get away from it, 22 because if you use our own logic from your own 23 leader, that's what he said. And there he set 24 the framework, he said what you were going to 25 do by voting no, but we know what you're going

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(518) 371-8910 1 to do by voting yes. 2 Let's defeat this bill. 3 THE PRESIDENT: Are there any 4 other Senators wishing to be heard? 5 The debate is closed. 6 The Secretary will ring the bell. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 (Shouts of "Slow roll call.") 11 THE PRESIDENT: A slow roll call 12 has been requested. There are five members 13 standing. The Secretary will call the roll 14 slowly. 15 May we have some order in the 16 house. 17 The Secretary will call the roll 18 slowly. 19 THE SECRETARY: Senator Adams. 20 SENATOR ADAMS: Yes. 21 THE SECRETARY: Senator Alesi. 22 SENATOR ALESI: To explain my 23 vote. 24 THE PRESIDENT: Senator Alesi, to 25 explain his vote.

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(518) 371-8910 1 SENATOR ALESI: Thank you, 2 Mr. President. 3 Very briefly. I think I've made my 4 position very well known, and I can speak to 5 this with the same degree of passion; however, 6 much more briefly. 7 It really comes down to this. When 8 we're taking this vote, we are rejecting a 9 proposal to devastate the healthcare industry 10 in this state. And that kind of devastation 11 visits itself not only on the jobs and the 12 efforts of those people involved in this 13 industry, it also devastates those people who 14 depend so much on healthcare at their most 15 vulnerable hour. 16 I spoke to this in my comments. I 17 would also like to remind my constituents that 18 when I said I am voting no not just for my 19 district, I'm voting no for everybody in this 20 state, I'm voting no for the cuts in your 21 districts regardless of where it is. 22 I mentioned some of my colleagues I 23 could go upstate on the Thruway -- I could 24 talk about Senator Valesky's district, which 25 is very similar to mine. It has a university,

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(518) 371-8910 1 it has a hospital, it has all of the same 2 things that I talked about earlier. When I 3 vote no, I'm voting no for cuts against his 4 people and your people and your people and my 5 people and our people. 6 Summarized, this cannot be 7 political vote. This has to be a vote for 8 healthcare and for the vulnerable people in 9 our state. I vote no. 10 THE PRESIDENT: Senator Alesi 11 will be recorded in the negative. 12 The Secretary will continue the 13 roll. 14 THE SECRETARY: Senator Bonacic. 15 SENATOR BONACIC: No. 16 THE SECRETARY: Senator Breslin. 17 THE PRESIDENT: Senator Breslin, 18 to explain his vote. 19 SENATOR BRESLIN: Thank you, 20 Mr. President. 21 When Senator Morahan said that the 22 Governor's heart is in the right place, I 23 applaud that. Because the Governor has looked 24 at our healthcare system, and the Governor has 25 concluded it's broken.

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(518) 371-8910 1 And many of us on the other side of 2 the aisle talked about prenatal care and how 3 good it is. Yet in New York City, we have one 4 of the highest infant mortality rates in the 5 civilized world. Monies are being rearranged 6 to make sure that improves. 7 When we look at the state, we look 8 at obesity among the young; again, one of the 9 highest rates in the civilized world. This 10 Governor has added additional funds in that 11 area. 12 We look at cancer screening, we 13 look at juvenile diabetes. This Governor is 14 placing money for preventive care, preventive 15 care and continuing care. 16 And he's breaking the old status 17 quo, the old status quo of entrenched unions, 18 albeit particularly one, and the hospitals. 19 We have to look for a new dynamic of care. 20 Will we be back in negotiating to 21 help and assist the hospitals, ones in my 22 district, the nursing homes? Yes, we will. 23 But this Governor has caused this debate, and 24 this debate is very, very necessary. 25 And it's very, very necessary to

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(518) 371-8910 1 change the way we do business in New York 2 State to help our young, to help our elderly, 3 to make sure that a lot of our -- and both my 4 mother and father were in nursing homes. And 5 a lot of the chronic conditions you see in 6 nursing homes, if there was an early method to 7 prevent them, those conditions wouldn't exist. 8 So for that reason and many others, 9 I vote aye. 10 THE PRESIDENT: Senator Breslin 11 will be recorded in the affirmative. 12 The Secretary will continue the 13 roll. 14 THE SECRETARY: Senator Bruno. 15 SENATOR BRUNO: No. 16 THE SECRETARY: Senator Connor. 17 SENATOR CONNOR: Aye. 18 THE SECRETARY: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: No. 21 THE SECRETARY: Senator Diaz. 22 SENATOR DIAZ: Aye. 23 THE SECRETARY: Senator Dilan. 24 SENATOR DILAN: Aye. 25 THE SECRETARY: Senator Duane.

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(518) 371-8910 1 SENATOR DUANE: Yes. 2 THE SECRETARY: Senator Farley. 3 SENATOR FARLEY: No. 4 THE SECRETARY: Senator Flanagan. 5 SENATOR FLANAGAN: No. 6 THE SECRETARY: Senator 7 Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, just briefly to explain my vote. 10 THE PRESIDENT: Senator 11 Fuschillo, to explain his vote. 12 SENATOR FUSCHILLO: I'll be 13 voting in the negative. 14 I've heard a lot of interesting 15 comments today. Senator Adams, yours is the 16 best. "Trickology," never heard that word 17 before in my life. 18 Last week in the Senate Health 19 Committee, the president of Montefiore Medical 20 Center was there and he was giving a 45-minute 21 PowerPoint presentation about information 22 technology and how they're trying to survive, 23 how they're communicating with their 24 outpatient clinics and other healthcare 25 facilities. Terrific presentation.

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(518) 371-8910 1 At the end, the president said that 2 he's known Governor Spitzer for so many years, 3 he's a personal friend, he's a professional 4 friend, he considers him a very close friend. 5 But he said to him: "If you want to take 6 $15 million out of my hospital, fine. Give me 7 the reforms to show me how to save that 8 $15 million." 9 I would agree with the $6 million 10 in cuts to nursing homes and hospitals in my 11 districts if the reforms were real. 12 Senator Smith, you spoke and you 13 said we are saying to the people of 14 New York -- and I wrote it down, because I 15 didn't want to misquote you -- we get your 16 message. 17 This isn't the message. These 18 hospitals, these healthcare facilities, the 19 healthcare industry in New York State is on 20 life support. We're tripping over the plug 21 now with the Governor's budget. We're pulling 22 it out. We're stopping it. 23 Senator Maziarz talks about a half 24 a million dollars in a nursing home, that if a 25 patient pushes a button, somebody may not

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(518) 371-8910 1 come. I have a nursing home that's losing 2 $601,000. It's a small building. Senator 3 Maziarz, if they push that button, there's 4 going to be nobody even at the desk. 5 Senator Leibell talked about this 6 is going to cause deaths. You talked about 7 when heart attack victims come to the 8 hospital, who's going to be there? You talked 9 about driving in an ambulance. I wonder who's 10 going to be driving the ambulance. 11 I like the fact that, Senator 12 Breslin, you said the debate is necessary. 13 Because it is necessary. And if the Governor 14 did anything right today, he's heightened our 15 awareness of this issue. 16 But he's done it in the wrong way. 17 I vote no. 18 THE PRESIDENT: Senator Fuschillo 19 will be recorded in the negative. 20 The Secretary will continue the 21 roll call. 22 THE SECRETARY: Senator Golden. 23 SENATOR GOLDEN: No. 24 THE SECRETARY: Senator Gonzalez. 25 SENATOR GONZALEZ: Yes.

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(518) 371-8910 1 THE SECRETARY: Senator Griffo. 2 SENATOR GRIFFO: To explain my 3 rote. 4 THE PRESIDENT: Senator Griffo, 5 to explain his vote. 6 SENATOR GRIFFO: These cuts are 7 dramatic and drastic. They will have such an 8 impact on all of our communities. Physician 9 retention and recruitment will be compromised, 10 the delivery of critical health services 11 impugned, and access and availability to 12 quality healthcare facilities jeopardized. 13 So I don't see this as reform, I 14 see this as risky business. I vote no. 15 THE PRESIDENT: Senator Griffo 16 will be recorded in the negative. 17 The Secretary will read. 18 THE SECRETARY: Senator Hannon. 19 SENATOR HANNON: I'd like to 20 explain my vote. 21 THE PRESIDENT: Senator Hannon, 22 to explain his vote. 23 SENATOR HANNON: Unfortunately, 24 there are members of the Democratic side of 25 this house that are voting yes for this budget

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(518) 371-8910 1 under the impression that there are things in 2 the Governor's proposed bill that are not 3 there. 4 Now, this is a proposed bill that 5 was originally submitted at the end of 6 January, amended by the Governor, as is his 7 right under the Constitution. But it does not 8 have healthcare reform in it. Tax increase is 9 not healthcare reform. 10 There is no increases for primary 11 care, there is nothing to ensure there will be 12 enough doctors, there is nothing to expand 13 community-based long-term care, there's 14 nothing to provide for the training of 15 hospital or nursing home workers. There's 16 nothing to specifically focus on helping kids 17 except $11 million for 32,000 kids. That's 18 hardly covering every kid in this state. 19 Basically, there's nothing to help 20 employer-based health insurance on a broad 21 base. There's no patients first. It's just 22 not there. 23 And this is the Governor's own 24 proposal. The rhetoric has been great, and 25 the press releases. It's not in the bill.

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(518) 371-8910 1 I vote no. 2 THE PRESIDENT: Senator Hannon 3 will be recorded in the negative. 4 The Secretary will continue the 5 roll. 6 THE SECRETARY: Senator 7 Hassell-Thompson. 8 SENATOR HASSELL-THOMPSON: No -- 9 yes. 10 (Laughter.) 11 SENATOR ROBACH: You were right 12 the first time. 13 SENATOR HASSELL-THOMPSON: Yeah. 14 No, Joe, I was not right the first time. 15 THE PRESIDENT: Senator 16 Hassell-Thompson, to explain her vote. 17 SENATOR HASSELL-THOMPSON: Whew. 18 I'll tell you. I'll tell you. That tells you 19 what the atmosphere in this place will do to 20 you if you blink. 21 Mr. President, I rise to vote in 22 support of this budget, primarily because I 23 understand very clearly, very clearly, that if 24 we do not support this budget several of the 25 main things that I came to this Senate

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(518) 371-8910 1 chambers to support will be lost. 2 Five million dollars that would 3 have expanded access to cervical cancer 4 vaccines will be lost. Five million dollars 5 for public education, mammographies, rectal 6 screening, infection control, prenatal care 7 and green cleaning products. Three million 8 that would have prevented childhood lead 9 poisoning, high in my districts. Two million 10 for obesity prevention, which you have heard 11 me talk about on this floor. One-point-one 12 million for breast and ovarian cancer 13 screening, for which I have stood here and 14 asked and begging for support for. And 15 $250,000 -- though it is not enough, but it is 16 a start -- for diabetes centers for 17 excellence. 18 I will not vote against this 19 budget. I will not take the risk that these 20 things that I have fought for will be lost. 21 Thank you, Mr. President. 22 THE PRESIDENT: Senator 23 Hassell-Thompson will be recorded in the 24 affirmative. 25 The Secretary will continue the

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(518) 371-8910 1 roll. 2 THE SECRETARY: Senator Huntley. 3 SENATOR HUNTLEY: Yes. 4 THE SECRETARY: Senator C. 5 Johnson. 6 SENATOR CRAIG JOHNSON: Yes. 7 THE SECRETARY: Senator O. 8 Johnson. 9 SENATOR JOHNSON: I'd like to 10 explain my vote. 11 THE PRESIDENT: Senator Johnson, 12 to explain his vote. 13 SENATOR JOHNSON: It's pretty 14 simple, actually. We have hospitals, one of 15 my hospitals, Good Samaritan, is losing 16 $2.5 million; another one is losing 17 three-quarters of a million. I have seven 18 nursing homes; they're losing an average of a 19 million dollars each. They were running in 20 the red last year. This year, I hate to see 21 what they'll do. 22 And you know the service will be 23 diminished, they will suffer, people will not 24 have the services they need. Right now in the 25 emergency room you have to wait maybe two,

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(518) 371-8910 1 three, four hours sometimes to get taken care 2 of. We can't diminish those services any 3 more. 4 So for many good reasons which have 5 been stated by all of my colleagues here, 6 these cuts are dangerous and we can't tolerate 7 them. I vote no. 8 THE PRESIDENT: Senator O. 9 Johnson will be recorded in the negative. 10 The Secretary will continue. 11 THE SECRETARY: Senator Klein. 12 SENATOR KLEIN: Yes. 13 THE SECRETARY: Senator L. 14 Krueger. 15 SENATOR LIZ KRUEGER: To explain 16 my vote. 17 THE PRESIDENT: Senator L. 18 Krueger, to explain her vote. 19 SENATOR LIZ KRUEGER: Well, we've 20 heard a lot of rhetoric. And I've heard 21 several of my colleagues explain that they 22 agree with me our healthcare system is broken, 23 it doesn't work, it's on life support. And 24 they argue that the Governor's bill will do 25 greater harm.

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(518) 371-8910 1 But I don't see coming out of this 2 chamber in the years that I've been here, or 3 the years that I've been following what goes 4 on here, any real proposals to restructure or 5 refocus a broken system. And I see that in 6 Governor Spitzer's bill. I see that he's 7 attempting to shift us to a system of expanded 8 preventive care, to primary care, to 9 community-based healthcare. 10 And I hope that as we go through 11 negotiations we win back some of the fights, 12 some of the losses, and we push even further. 13 Because I would argue that to fix our broken 14 system we need to move more dramatically 15 towards universal single-payer, because our 16 system is not getting better on its own. And 17 the newest reports show we're spending 18 31 percent of our healthcare dollars on the 19 administration of our healthcare system. 20 And our decisions can't be made 21 here on who sends mailings into our district. 22 And in fact, today I've listened to people say 23 my district loses from $60 million to 24 $77 million to $100 million. And it's true I 25 represent the largest hospitals in New York

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(518) 371-8910 1 City. But they take the same 1 percent hit as 2 all of yours in this budget; I just have 3 bigger hospitals. And so, you're right, a 4 bigger explanation to make at home. 5 And of course I hate that we don't 6 have enough money for everyone's healthcare 7 needs. But continuing the status quo isn't 8 going to move us towards a better system where 9 poor New Yorkers don't get equal access to 10 healthcare, where HMOs and insurance companies 11 continue to pocket billions of dollars while 12 my colleagues on the other side of the aisle 13 here have refused to pass any legislation to 14 rein in insurance companies but have offered 15 "Freedom Health Plans" which free insurance 16 companies from having to pay out benefits for 17 sick people. 18 And yes, it is outrageous that 19 people have to wait in emergency rooms for 20 hours. But in my vision for improved 21 healthcare in the State of New York, people 22 get healthcare before they end up in an 23 emergency room. And people get to stay in 24 their community and their homes as long as 25 they can instead of being moved into nursing

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(518) 371-8910 1 homes. And mentally ill people don't get 2 trapped in nursing homes because there's no 3 community-based services. 4 And so under the budget that you 5 are saying no to, we would have actually had 6 money, or we will have money to expand 7 community-based housing for the mentally ill 8 and community-based healthcare -- 9 THE PRESIDENT: Senator Krueger, 10 the two-minute explanation period has expired. 11 SENATOR LIZ KRUEGER: Thank you, 12 Mr. President. 13 And just in closing, with the 14 proposals that I hear coming out -- but not in 15 bill form, only in resolution -- many of the 16 other important changes the Governor wants to 17 make in healthcare also won't go forward. 18 So I'll vote aye, Mr. President. 19 Thank you. 20 THE PRESIDENT: Senator L. 21 Krueger will be recorded in the affirmative. 22 The Secretary will continue the 23 roll. 24 THE SECRETARY: Senator C. 25 Kruger.

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(518) 371-8910 1 SENATOR CARL KRUGER: Grudgingly, 2 yes. 3 THE SECRETARY: Senator Lanza. 4 SENATOR LANZA: No. 5 THE SECRETARY: Senator Larkin. 6 SENATOR LARKIN: Mr. President, 7 to explain my vote. 8 THE PRESIDENT: Senator Larkin, 9 to explain his vote. 10 SENATOR LARKIN: For about three 11 hours and 20 minutes now we've been listening 12 to this great big debate about healthcare. 13 Why don't you just go home tonight and take a 14 look at your district and explain to them that 15 you want a budget that cuts $1.3 billion out 16 of healthcare? 17 On Saturday I met with nursing 18 homes. Some of the people don't live in my 19 district, but their parents do. And they were 20 told, yes, we'll provide that service, but 21 it's going to be $7,500 more, or whatever it 22 might be for them. And the first thing they 23 said was, "What the hell are you going to do 24 to stop it?" 25 This man looked at me, he had the

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(518) 371-8910 1 Distinguished Service Cross from Vietnam. And 2 he said, "You see this? I fought for freedom. 3 I fought that you as a legislature could go to 4 Albany or go to Washington and you would fight 5 for our families, like I did to protect your 6 hindsight 30 some years ago." 7 I'm ashamed of us. I remember the 8 last 12 years on this side of the aisle: Oh, 9 you're not spending enough, you're not 10 spending enough, you don't care about the 11 people. 12 What happened? We got a new 13 Governor and we got a shining tower and 14 everything is okay. Well, it isn't. And you 15 should be ashamed of yourself. 16 And I know you, and I know in your 17 heart that's not what you believe. But when 18 you start to talk about cuts, less service, 19 patients first -- and the media is giving you 20 all the glory, and the Governor walks on 21 water. 22 We have an incident in Washington, 23 D.C., called Walter Reed. One building and 24 everybody wants to fire and cut everybody 25 apart. But here we're talking about taking

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(518) 371-8910 1 $1.3 billion and getting rid of it, but we're 2 not saying how we're going to take care of 3 those patients that are still there. 4 Now I heard someone say, "Yeah, 5 when we get to the next phase, we'll 6 straighten it all out." Do you have an 7 agreement with the second floor or the 8 Assembly? No, you have nothing. 9 What we're saying is that you have 10 an opportunity to say we want to straighten it 11 out. And the best way to straighten it out is 12 to vote no. 13 THE PRESIDENT: Senator Larkin 14 will be recorded in the negative. 15 The Secretary will read. 16 THE SECRETARY: Senator LaValle. 17 SENATOR LaVALLE: No. 18 THE SECRETARY: Senator Leibell. 19 SENATOR LEIBELL: No. 20 THE SECRETARY: Senator Libous. 21 SENATOR LIBOUS: No. 22 THE SECRETARY: Senator Little. 23 SENATOR LITTLE: No. 24 THE SECRETARY: Senator Maltese. 25 SENATOR MALTESE: No.

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(518) 371-8910 1 THE SECRETARY: Senator 2 Marcellino. 3 SENATOR MARCELLINO: No. 4 THE SECRETARY: Senator Maziarz. 5 SENATOR MAZIARZ: No. 6 THE SECRETARY: Senator 7 Montgomery. 8 THE PRESIDENT: Senator 9 Montgomery, to explain her vote. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President, to explain my vote. 12 Mr. President, I smell a rat. Now, 13 this is very strange to me that this bill was 14 put on the floor by none other than the 15 illustrious Majority Leader, and now all of 16 his members are voting against him, his bill. 17 And furthermore, they're all blasting us 18 because we are voting for it. Now, that's 19 strange to me. 20 But let me just say this is not the 21 final bill. I am sure that there are many 22 more hours, Mr. Majority Leader, as your 23 members vote against you -- there are many 24 more hours that we are going to be negotiating 25 on this issue.

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(518) 371-8910 1 So we're not really voting for or 2 against the Governor's bill, we're voting -- 3 this is at least I'm voting for the idea that 4 the Governor has put forward as it relates to 5 what is going to happen to healthcare delivery 6 in the state of New York. 7 He is upon on a mission to, as he 8 says, change the paradigm. That's all this is 9 about. So we have to figure out how do we get 10 to the right point in the right way. That 11 won't be resolved based on our vote for or 12 against this legislation. That has to be 13 negotiated out. I understand that. 14 But what I am voting for, what I'm 15 voting yes for, is I like the idea that the 16 Governor would like to see patients considered 17 the priority as it relates to our healthcare 18 delivery system. I had people, women sit in 19 front of me today from a community healthcare 20 center where they are cancer survivors, and 21 that center means all life to them. Should I 22 be concerned about us having more 23 opportunities for that kind of healthcare? I 24 think yes. I owe that to my constituents. 25 I thank you for looking out --

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(518) 371-8910 1 Senator Alesi was looking out for my people. 2 I thank him for that. But I am too. I'm 3 looking out for all of the people that need 4 healthcare services, from the very young to 5 the very old in my district. 6 So I'm on the side of the Governor. 7 Let's change the paradigm. That's a good 8 thing. 9 And please, I don't know why your 10 members are voting against you. But I'm 11 voting yes for this bill. 12 SENATOR BRUNO: Mr. President. 13 THE PRESIDENT: Senator 14 Montgomery will be recorded in the negative. 15 Senator Bruno -- I'm sorry, Senator Montgomery 16 will be recorded in the affirmative. 17 Senator Bruno. 18 SENATOR BRUNO: Point of personal 19 privilege, Mr. President. 20 I believe -- Senator Montgomery, I 21 respectfully correct you. This is not my 22 bill. This is Governor Spitzer's program bill 23 as part of the budget. 24 And I guess smelling a rat is 25 better than being one. Thank you,

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(518) 371-8910 1 Mr. President. 2 (Laughter, jeers.) 3 THE PRESIDENT: The Secretary 4 will continue the roll call. 5 THE SECRETARY: Senator Morahan. 6 SENATOR MORAHAN: No. 7 THE SECRETARY: Senator Nozzolio. 8 SENATOR NOZZOLIO: No. 9 THE SECRETARY: Senator Onorato. 10 THE PRESIDENT: Senator Onorato, 11 to explain his vote. 12 SENATOR ONORATO: Thank you, 13 Mr. President. 14 I rise -- I've been in the Senate 15 now for 23 years, and I'm coming up against a 16 first. I think this is the first time I've 17 ever seen the Majority put out a bill to 18 defeat. They've always put the bill out they 19 wanted to pass. 20 And I don't think that this is 21 proper, because first of all, we haven't gone 22 through the committees to negotiate. As 23 everyone in this room knows, this particular 24 bill is not going to stand as it has. It has 25 never, since I've been in the Senate, and

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(518) 371-8910 1 neither has any of you -- if it does, I'll 2 take each and every one of you out to lunch 3 and campaign for you in your campaign for 4 reelection. 5 (Laughter.) 6 SENATOR ONORATO: And for that 7 reason, I'm voting in favor of this bill, to 8 give the joint legislative committees the 9 opportunity to revise it. I vote yes. 10 THE PRESIDENT: Senator Onorato 11 will be recorded in the affirmative. 12 The Secretary will read the roll 13 call. 14 THE SECRETARY: Senator 15 Oppenheimer. 16 SENATOR OPPENHEIMER: "Er." 17 Oppenheim-er. 18 (Laughter.) 19 THE PRESIDENT: Senator 20 Oppenheim-er, to explain her vote. 21 SENATOR OPPENHEIMER: I thought 22 you just said Oppenheim. All right, we're all 23 getting a little punchy, right? 24 What did I want to say before I 25 distracted myself?

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(518) 371-8910 1 I am going to vote yes. And 2 actually, there's a couple of things I want to 3 say. 4 One is that last year I think the 5 cost of the Medicaid came somewhere to -- I'm 6 not exactly sure, but it was at 48 billion, 7 49 billion. And I said, Well, if it keeps 8 growing this way, we can forget about doing 9 anything else in the State of New York, 10 because now it's approaching half of our 11 entire budget. 12 So I'm glad we're doing something. 13 And we may not be doing something together, 14 but we will be talking and that's important. 15 The paradigm that has to be changed 16 is something that Velmanette Montgomery and 17 myself, we have been talking about till we're 18 blue in the face, which is we have to do 19 preventive medicine in this state. She talks 20 all the time about school-based healthcare, 21 and she's so right. And I speak a lot about 22 community-based family healthcare. 23 And you probably had people from 24 your districts up today. You've heard me talk 25 a lot about my Open Door, which has five

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(518) 371-8910 1 different -- four centers in my Senate 2 district. And they provide the most 3 remarkable care, preventive care. The 4 children come there, they have the best 5 doctors, the parents are there, everything is 6 in place, and they're right smack in the 7 center of the area that needs the most, the 8 downtown inner cities. 9 And we must do this, because 10 otherwise we're not getting at the core of the 11 problem. And if we learn prevention, we will 12 not have the obesity and we will not have the 13 inactive children and we will have children 14 who are learning to read at much younger ages, 15 because we put that into our community-based 16 health centers. So that they walk around with 17 books when they're 6 months old -- well, they 18 don't walk. At one year, they walk around 19 hanging onto the books that they get in our 20 community centers. 21 So I think we have to have this 22 conversation. We know we will, because the 23 subcommittee on health will be meeting soon on 24 the budget. And we will be talking about 25 these things, and we will -- we know it will

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(518) 371-8910 1 be changed. We know what we have now is not 2 what will be, and we have to work it through 3 together in the subcommittees. 4 I'll be voting yes. 5 THE PRESIDENT: Senator 6 Oppenheimer will be recorded in the 7 affirmative. 8 The Secretary will continue the 9 roll. 10 THE SECRETARY: Senator Padavan. 11 SENATOR PADAVAN: No. 12 THE SECRETARY: Senator Parker. 13 SENATOR PARKER: Aye. 14 THE SECRETARY: Senator Perkins. 15 THE PRESIDENT: Senator Perkins, 16 to explain his vote. 17 SENATOR PERKINS: I want to vote 18 no to the past, which has been one in which we 19 spent more and more money. And as someone 20 said, you should be getting more and more 21 service. 22 Frankly, in my district, which 23 happens to be one where we have perhaps the 24 second-most cuts in dollars and cents, we also 25 have some of the highest rates of infant

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(518) 371-8910 1 mortality, HIV/AIDS. I'm a colon cancer 2 survivor. Mortality amongst black men, higher 3 than any other community in the city. 4 So I want to vote yes to the new 5 paradigm, the new paradigm that was presented 6 by the Governor that would maybe spend less 7 but probably provide more service, more 8 responsiveness to primary care, more 9 responsiveness to chronic care, chronic 10 illnesses, more responsiveness to preventive 11 measures. 12 And also, as you may know, I've had 13 the opportunity to do a lot of work around 14 lead, especially in New York City. And I 15 notice that we have a pretty bad lead problem 16 throughout the state. We're going to do 17 something about that too. And I'm glad to see 18 the Governor is being responsive to that 19 crisis. 20 And I know that we've had a problem 21 of high infant mortality in my district, and I 22 see there's money available to deal with 23 issues of that nature. And I know that 24 there's money available to deal with problems 25 of colon cancer, which is another serious

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(518) 371-8910 1 problem. 2 So I know that there's been a lot 3 of love expressed by the other side for the 4 concerns of those of us who are in chronic 5 situations, and I appreciate that. And I look 6 forward to the next step in this budget dance, 7 in which we will hopefully begin to negotiate 8 more seriously. 9 Someone from Brooklyn called it 10 trickology. Where I come from, we call it 11 "politricks." Somebody said they smell a rat. 12 I don't know, but I know politricks when I see 13 it and when I hear it. 14 And I think Senator Onorato sort of 15 described it in terms of the Majority Leader 16 bringing out one bill and his members voting 17 against it. So -- 18 THE PRESIDENT: Senator Perkins, 19 you've exceeded the time limit. 20 SENATOR PERKINS: In conclusion, 21 I just want to say that we have a long way to 22 go, this is very, very important legislation, 23 a very, very important budget. We need to 24 take it very serious. There's great illness 25 out there, and there's great hue and cry out

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(518) 371-8910 1 there from a lot of sectors of our 2 communities. And we need to make sure that we 3 do this right, that we do this dance in a way 4 that is respectful -- 5 THE PRESIDENT: Senator 6 Perkins -- 7 SENATOR PERKINS: -- of the 8 seriousness of the problem. Thank you. 9 THE PRESIDENT: Senator Perkins, 10 how do you vote? 11 SENATOR PERKINS: I vote yes. 12 THE PRESIDENT: Senator Perkins 13 will be recorded in the affirmative. 14 The Secretary will continue the 15 roll. 16 THE SECRETARY: Senator Rath. 17 SENATOR RATH: No. 18 THE SECRETARY: Senator Robach. 19 SENATOR ROBACH: No. 20 THE SECRETARY: Senator Sabini. 21 THE PRESIDENT: Senator Sabini, 22 to explain his vote. 23 SENATOR SABINI: Thank you, 24 Mr. President. 25 Rather than a rat, I see this as a

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(518) 371-8910 1 red herring. I don't see why this was brought 2 to the house in this manner. I agree with 3 Senator Onorato, this is a way of doing 4 business that -- I guess maybe I'll put the 5 best spin on it and say I hope it's in the 6 spirit of reform. We see a lot of Governor's 7 program bills come out without debate and that 8 we get to vote up and down based on the 9 merits. Because we haven't seen that yet. 10 And I hope maybe that's the shape of things to 11 come. 12 And I'm delighted that so many 13 folks from upstate and the suburbs are so 14 concerned about all the needs in our 15 districts. I didn't hear anyone mention my 16 district. Because actually, if I want to be 17 parochial, the hospital in my district does 18 very well under this budget. But that's not 19 why I'm voting in the affirmative. 20 I'm voting in the affirmative 21 because I, along with other speakers before 22 me, believe that this is not the last we've 23 heard of this. This is an attempt to get 24 people to get on the record in a way that I 25 think is rather sad to try and reduce our

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(518) 371-8910 1 state government to this level. Because it is 2 political, let's be honest about it. You know 3 it, I know it, we all know it. 4 So I'll be voting in the 5 affirmative with the knowledge -- not the 6 hope, with the knowledge -- that the Governor 7 and folks in our conference and hopefully 8 folks, from what I hear, in the other 9 conference really want to achieve quality, 10 sound healthcare and to protect the jobs of 11 New Yorkers as best we can with the resources 12 we have. I'm for that. I suspect you're for 13 that. I know the Governor's for that. 14 And I want to see those jobs 15 protected too. And I want to see those 16 institutions protected too. And I want to see 17 the nursing homes protected too. And I 18 believe there's a way to get that, and that's 19 through the conference committee. 20 But in the manner in which this was 21 proposed, I'll be voting in the affirmative. 22 Thank you. 23 THE PRESIDENT: Senator Sabini 24 will be recorded in the affirmative. 25 The Secretary will continue the

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(518) 371-8910 1 roll. 2 THE SECRETARY: Senator Saland. 3 SENATOR SALAND: To explain my 4 vote. 5 THE PRESIDENT: Senator Saland, 6 to explain his vote. 7 SENATOR SALAND: Thank you, 8 Mr. President. 9 Mr. President, the one thing which 10 I have yet to hear today, and I've sat through 11 the duration of this debate, is 12 acknowledgement of the fact that healthcare, 13 for at least the past decade, whether it be 14 private or public, through Medicaid, has been 15 increasing by minimally twice the rate of 16 inflation, often double-digit. 17 The need for reform is not merely a 18 New York phenomenon, it's a national 19 phenomenon. It's a phenomenon in Washington, 20 it's a phenomenon in 49 other state capitals. 21 This side of the aisle has 22 attempted, certainly through the Medicaid task 23 force that was cochaired by Senator Hannon, to 24 try and move this dialogue forward in a 25 meaningful fashion.

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(518) 371-8910 1 The bill presented by the Governor, 2 which I termed earlier a retread, is in fact 3 not a new paradigm. Words are cheap. There's 4 nothing new about it. Yes, he tossed in 5 baubles that provide some cover for those who 6 have been asked to support it. But the 7 hundreds of millions of dollars that he's 8 proposing to slash are the same hundreds of 9 millions of dollars that Governor Pataki 10 proposed to slash that we rejected. 11 So I don't know what the price was, 12 $10 million, $20 million, $30 million, 13 $40 million. The baubles are there. But you 14 know what? If you put a necklace on a pig, 15 it's still a pig. And this is a pig. 16 Regardless of what you want it to say, 17 regardless of how you want to dress it, it's 18 still a pig. 19 And the bottom line is is that it 20 should be defeated. It is not reform. It's 21 an effort to gouge the system to system, to 22 leave the patients in your district at risk, 23 to cripple the hospitals in your district -- 24 for what purpose is beyond me. Serious reform 25 is the issue, and the Governor knew better,

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(518) 371-8910 1 should have done better. And if this is the 2 best he can do, it's a woeful demonstration. 3 I vote in the negative. 4 THE PRESIDENT: Senator Saland 5 will be recorded in the negative. 6 The Secretary will continue the 7 roll. 8 THE SECRETARY: Senator Sampson. 9 SENATOR SAMPSON: Yes. 10 THE SECRETARY: Senator Savino. 11 SENATOR SAVINO: Yes. 12 THE SECRETARY: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Yes. 15 THE SECRETARY: Senator Serrano. 16 SENATOR SERRANO: Yes. 17 THE SECRETARY: Senator Seward. 18 SENATOR SEWARD: Mr. President, 19 to explain my vote. 20 THE PRESIDENT: Senator Seward, 21 to explain his vote. 22 SENATOR SEWARD: I've been 23 listening, Mr. President and my colleagues, to 24 the debate this afternoon. It's gone on three 25 to four hours.

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(518) 371-8910 1 And it's important to debate 2 healthcare, it's a vitally important issue for 3 the people that we represent no matter where 4 in the state we may hail from. But the moment 5 to stand up and be counted has arrive, and 6 that's exactly what we're doing throughout 7 this roll call. 8 I've heard a lot of words expressed 9 through the debate today. People talk about 10 reform. But my colleagues, extension of the 11 sick tax is not reform. Massive cuts to our 12 very fine healthcare facilities is not reform. 13 I've heard about patients first. Once again, 14 tax increases and massive cuts that would 15 eliminate some 12,000 jobs in the healthcare 16 industry and destroy access to many people to 17 healthcare that they desperately need, that's 18 not putting patients first. 19 We've heard about train rides. You 20 know, this proposal included in the bill 21 before us would take the wheels off that 22 train. They're falling off. It's a train 23 wreck waiting to happen. 24 There's a better way. There's a 25 better way to proceed. First we have to

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(518) 371-8910 1 defeat this bill and move forward in a better 2 way. Many of the proposals that have been 3 included in the Task Force on Medicaid Reform, 4 they've been passed by this house in the past. 5 We need some partners moving forward. 6 In the area of expanding health 7 insurance to more people in New York State, 8 this house has been on record with many 9 innovative approaches to making health 10 insurance more available and affordable. And 11 we're going to continue to press those 12 throughout the upcoming budget debate. 13 My friends, we need real reform. 14 We need real savings. There's a better way. 15 This bill is not the way to go. 16 I vote no. 17 THE PRESIDENT: Senator Seward 18 will be recorded in the negative. 19 The Secretary will read. 20 THE SECRETARY: Senator Skelos. 21 SENATOR SKELOS: Mr. President. 22 THE PRESIDENT: Senator Skelos, 23 to explain his vote. 24 SENATOR SKELOS: If I could 25 explain my vote.

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(518) 371-8910 1 I'm really just shocked, dismayed 2 and I guess I could even use the word 3 befuddled from what I'm hearing from my 4 friends on the other side of the aisle. What 5 a difference a year makes. Last year when 6 these cuts were proposed, our good Lieutenant 7 Governor, then the Minority Leader, would be 8 sitting there pounding on the desk saying how 9 horrible these cuts are and we have to fight 10 them and we have to go forward and stop them. 11 And my good friends on the Democrat 12 side of the aisle would stand up and say, to a 13 person, Absolutely, yes, they're wrong-minded, 14 they're wrong, they're hurtful, they're 15 spiteful. 16 And now they sit there on that side 17 of the aisle like little marionettes, little 18 puppets waiting for the puppet master to tell 19 them what to do, as appendages. 20 (Loud response from floor.) 21 SENATOR SKELOS: As I mentioned 22 last week, they would be sitting there waiting 23 to be told what to do. 24 Whereas we had the courage, when 25 our Governor was wrong, to say "You're wrong,"

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(518) 371-8910 1 and to vote to override those vetoes. 2 Now, we may come to that point if 3 there's an agreement between the Senate and 4 the Assembly. And I hope you have the courage 5 to override Governor Spitzer's vetoes in 6 healthcare if that does occur, that you have 7 the courage to do that. 8 Shortly you'll be voting for a 9 resolution. And within that resolution all 10 the little baubles that Senator Saland was 11 mentioning that you're hanging your hats on on 12 why you're voting yes are in that budget 13 resolution. 14 So, Mr. President, I have to vote 15 no on this. I was not sent to Albany to be a 16 puppet, to be an appendage. I was sent to 17 Albany to vote my conscience and to vote 18 what's in the best interests of the people of 19 my district and of all of Nassau County and 20 Long Island. 21 I vote no. 22 THE PRESIDENT: Senator Skelos 23 will be recorded in the negative. 24 The Secretary will read. 25 THE SECRETARY: Senator Smith.

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(518) 371-8910 1 SENATOR SMITH: Yes. 2 THE SECRETARY: Senator 3 Stachowski. 4 THE PRESIDENT: Senator 5 Stachowski, to explain his vote. 6 SENATOR STACHOWSKI: Mr. 7 President, to explain my vote. 8 I wasn't really going to speak at 9 all, I was just going to vote yes quietly and 10 let it go. But here I'm getting lectured all 11 afternoon and into the night about voting for 12 a bill to get the budget process moving. 13 And I keep hearing about the 14 solutions they have on the other side. But if 15 they really had solutions on the other side, 16 we wouldn't be voting on the Governor's bill, 17 we'd be voting on the Republican health bill. 18 We don't have that. 19 We're going to have a Republican 20 health resolution. But a resolution doesn't 21 mean a thing in the budget process. It just 22 forwards along a generalization, not 23 specifics. 24 So it's easy, when you're doing a 25 generalization, saying I'm going to cure all

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(518) 371-8910 1 the ills in healthcare and replace all the 2 money to the hospitals and the nursing homes, 3 when that way, if you do it in a resolution, 4 you don't have to say how you're going to pay 5 for it. 6 And I don't want to be a stickler. 7 I would love to see a bill that would actually 8 work and do all the things, and then we 9 probably could all support that. But that's 10 not what we have. 11 And so I'm going to vote yes to get 12 the process moving and hope that somewhere 13 along the line we get to a place where we have 14 a bill that everybody can support that does 15 the things that everybody has been talking 16 about this afternoon. 17 I vote yes. 18 THE PRESIDENT: Senator 19 Stachowski will be recorded in the 20 affirmative. 21 The Secretary will continue the 22 roll. 23 THE SECRETARY: Senator Stavisky. 24 THE PRESIDENT: Senator Stavisky, 25 to explain her vote.

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(518) 371-8910 1 SENATOR STAVISKY: Yes. 2 Mr. President, we've been assured that there 3 was really no politics involved in this, that 4 this bill is really -- what was the phrase -- 5 politricks. 6 But here on Day 71, if this bill is 7 so bad, why was it reported out of committee? 8 But there was no politics involved. 9 I have never seen this sort of 10 thing happen before, and I've been watching 11 the Legislature for many years, where a bill 12 is deliberately reported out of committee so 13 that it can fail. 14 It seems to me that this is not the 15 last word on the bill, and that is why I am 16 going to be voting in the affirmative. 17 THE PRESIDENT: Senator Stavisky 18 will be recorded in the affirmative. 19 The Secretary will read. 20 THE SECRETARY: Senator 21 Stewart-Cousins. 22 SENATOR STEWART-COUSINS: Yes. 23 THE SECRETARY: Senator Thompson. 24 SENATOR THOMPSON: Yes. 25 THE SECRETARY: Senator Trunzo.

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(518) 371-8910 1 SENATOR TRUNZO: No. 2 THE SECRETARY: Senator Valesky. 3 SENATOR VALESKY: Yes. 4 THE SECRETARY: Senator Volker. 5 SENATOR VOLKER: Mr. President, 6 to quickly explain my vote. 7 THE PRESIDENT: Senator Volker, 8 to quickly explain his vote. 9 SENATOR VOLKER: I certainly 10 recognize how uncomfortable it is for many of 11 my fellow Democrats in this chamber. And I 12 said "fellow Democrats." 13 (Laughter.) 14 SENATOR SMITH: Getting closer. 15 SENATOR VOLKER: Let me just say 16 to you -- 17 THE PRESIDENT: May we have some 18 order in the chamber while Senator Volker -- 19 SENATOR VOLKER: Let me just say 20 to you that it's fascinating to me, and my 21 colleagues have remarked about the reverse 22 here. And there's a lot of truth to that. 23 You know, this house has been the 24 strongest house on healthcare by far. We've 25 protected hospitals and nursing homes, and you

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(518) 371-8910 1 on this side have castigated us when we even 2 thought about cuts. 3 George Pataki submitted virtually 4 the same so-called reform package, and it's a 5 different paradigm? It's the same stuff. I 6 mean, when I looked at it I thought, I could 7 track these easily. 8 What it is is it's saying we're 9 going to challenge the Legislature, and we're 10 going to call it reform, even though we're not 11 exactly sure what we're doing. 12 But I will tell you this. Now you 13 know what it is to have your Governor on the 14 second floor. We were pretty gentle with 15 George sometimes, but we always made him 16 change. We always went in and dug in. 17 And Senator Perkins, you talked 18 about lead. I was the leader of that and did 19 a lot of work on lead poisoning for years, and 20 we did a lot of stuff. The problem was we had 21 trouble with New York City. New York City 22 always opposed us because the trial lawyers -- 23 I just want to mention this -- the trial 24 lawyers always wanted a piece of the action. 25 And we couldn't to it because of that. I only

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(518) 371-8910 1 mention that because I know a little bit about 2 how this stuff goes. 3 But the bottom line is, here, this 4 is not reform. You're voting for the status 5 quo. You're voting for the status quo. What 6 we're doing is saying, all right, we stopped 7 George Pataki and we're also going to stop 8 Governor Spitzer from wrecking the healthcare 9 system. 10 I vote no. 11 THE PRESIDENT: Senator Volker 12 will be recorded in the negative. 13 The Secretary will continue the 14 roll. 15 THE SECRETARY: Senator Winner. 16 SENATOR WINNER: No. 17 THE SECRETARY: Senator Wright. 18 SENATOR WRIGHT: Nay. 19 THE SECRETARY: Senator Young. 20 SENATOR YOUNG: No. 21 THE PRESIDENT: The Secretary 22 will announce the results. 23 THE SECRETARY: Ayes, 29. Nays, 24 33. 25 THE PRESIDENT: The bill is lost.

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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, I 3 would move to table this bill. 4 THE PRESIDENT: So ordered. 5 SENATOR BRUNO: Mr. President, 6 can we at this time take up Resolution 898. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: By Senator Bruno, 10 Concurrent Resolution Number 898, adopting a 11 budget resolution proposing amendments to the 12 2007-2008 Executive Budget submission 13 pertaining to Health and Mental Hygiene 14 (Legislative Bills 2104A and 2108A). 15 THE PRESIDENT: The Secretary 16 will call the roll on the resolution. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Bruno. 19 SENATOR BRUNO: Mr. President, to 20 explain my vote. 21 THE PRESIDENT: Senator Bruno, to 22 explain his vote. 23 SENATOR BRUNO: This resolution 24 that's before us, just so that you're clear, 25 helps to fix the pain that those of you that

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(518) 371-8910 1 voted for the Governor's bill, that you 2 inflict on your healthcare delivery system. 3 It puts back about $540 million of 4 the cuts to nursing homes and hospitals, takes 5 away the tax -- this Governor said no new 6 taxes -- $137 million tax in the bill that you 7 voted for that we eliminate in this 8 resolution. It also puts back about 9 $165 million in the trend factor of 10 2.5 percent for hospitals and nursing homes 11 that the Governor took out, that you voted on 12 that side of the aisle to support. 13 So, Mr. President and colleagues, 14 all of the good things that was in the 15 proposal that you were supporting is in this 16 resolution. Those that you talked about that 17 you needed that would be missing will not be 18 missing. They're in here. 19 But what we are doing is restoring 20 the severe cuts to nursing homes, hospitals, 21 doing away with the tax and returning the 22 trend factor that you supported last year, 23 that you have supported in the past when we 24 were dealing with this healthcare objectively. 25 I would recommend heartily that we

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(518) 371-8910 1 support this resolution, and I vote in favor. 2 SENATOR CONNOR: Mr. President, 3 point of order. 4 THE PRESIDENT: Senator Connor, 5 point of order. 6 SENATOR CONNOR: Mr. President, 7 didn't we in the rules debate just a few weeks 8 ago have the Majority insist that a resolution 9 was not subject to a roll call and it was only 10 subject to a voice vote? Is the roll call 11 proper on a resolution, Mr. President? That's 12 my point of order. 13 THE PRESIDENT: Senator Connor, 14 your point of order is well taken. This is a 15 concurrent resolution calling specifically for 16 a roll call vote. 17 SENATOR BRUNO: Thank you, 18 Mr. President, for being so knowledgeable. 19 (Laughter.) 20 THE PRESIDENT: Senator Bruno 21 will be recorded in the affirmative. 22 Senator Hannon, to explain his 23 vote. 24 SENATOR HANNON: Thank you, 25 Mr. President.

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(518) 371-8910 1 The resolution before you not only 2 enacts a wide array of restorations to make 3 sure that the essential core of the healthcare 4 system in this state can go forward, it avoids 5 the budget-wrenching results to hospitals and 6 nursing homes who would have money taken away 7 from them in the middle of their fiscal years. 8 It avoids a number of other draconian things. 9 Since I'm explaining my vote and 10 the hour is late, let me point out to my 11 colleagues on the other side of the aisle that 12 all of the things you thought were being 13 denied are not being denied. All of those 14 items -- the cervical cancer vaccines, the 15 lead, the what they call body mass index for 16 detecting obesity and leading to prevention of 17 juvenile diabetes -- all of those are in the 18 resolution. 19 And so if you're voting against 20 this resolution, all of those things that you 21 said were so good -- I can name them by name, 22 because I wrote them down -- you're voting 23 against them right now. 24 And besides that, you're also 25 voting against all of the programs that we

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(518) 371-8910 1 have put forward as we think are filling in 2 the vast gaps that the Governor talked about 3 but omitted from that budget bill that we've 4 just laid on the table, including Wellness 5 Works, health information technology, neonatal 6 intensive care units, arthritis, Healthy 7 New York for the people who can't afford the 8 mammographies and the cervical cancer 9 screening that we purport to give, a hospice 10 program for all children in the state, several 11 programs in regard to health technology, an 12 introduction of actual quality initiatives 13 measuring the performance of care in hospitals 14 and making adjustments accordingly in regard 15 to reimbursements. 16 These are just some of the things 17 we've added. This is a very substantial 18 proposal. Conference committees begin in a 19 day or two. This is not something you can sit 20 back and wait. You just have to do something 21 more than by rote, the way you've been doing. 22 Mr. President, I vote in the 23 affirmative for this resolution. 24 THE PRESIDENT: Senator Hannon 25 will be recorded in the affirmative.

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(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Those recorded in 4 the negative on Concurrent Resolution Number 5 898 are Senators Adams, Breslin, Connor, Diaz, 6 Dilan, Duane, Gonzalez, Hassell-Thompson, 7 Huntley, C. Johnson, Klein, L. Krueger, 8 Montgomery, Onorato, Oppenheimer, Parker, 9 Perkins, Sabini, Sampson, Savino, 10 Schneiderman, Serrano, Smith, Stachowski, 11 Stavisky, Stewart-Cousins, Thompson and 12 Valesky. 13 Ayes, 34. Nays, 28. 14 THE PRESIDENT: The resolution is 15 adopted. 16 Senator Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we at this time take up Resolution 895. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Concurrent 22 Resolution Number 895, by Senator Bruno, 23 adopting a budget resolution proposing 24 amendments to the 2007-2008 Executive Budget 25 submission (Legislative Bills 2100B, 2101A,

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(518) 371-8910 1 2102A, 2103B, 2104A, 2105B, 2106B, 2107B, 2 2108A, 2109B and 2110B). 3 THE PRESIDENT: The Secretary 4 will call the roll on the resolution. 5 (The Secretary called the roll.) 6 THE PRESIDENT: Results. 7 THE SECRETARY: Those recorded in 8 the negative on Concurrent Resolution Number 9 895 are Senators Adams, Breslin, Connor, Diaz, 10 Dilan, Duane, Gonzalez, Hassell-Thompson, 11 Huntley, C. Johnson, Klein, L. Krueger, 12 Montgomery, Onorato, Oppenheimer, Parker, 13 Perkins, Sabini, Sampson, Savino, 14 Schneiderman, Serrano, Smith, Stachowski, 15 Stavisky, Stewart-Cousins, Thompson and 16 Valesky. 17 Ayes, 34. Nays, 28. 18 THE PRESIDENT: The resolution is 19 adopted. 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, 22 can we take up the controversial reading of 23 the calendar in regular order. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 297, Senate Budget Bill, Senate Print 2100B, 3 an act making appropriations for the support 4 of government, PUBLIC PROTECTION AND GENERAL 5 GOVERNMENT BUDGET. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: The Secretary 11 will call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 297 are 16 Senators Adams, Breslin, Connor, Diaz, Dilan, 17 Duane, Gonzalez, Hassell-Thompson, Huntley, 18 C. Johnson, Klein, L. Krueger, Montgomery, 19 Onorato, Oppenheimer, Parker, Perkins, Sabini, 20 Sampson, Savino, Schneiderman, Serrano, Smith, 21 Stachowski, Stavisky, Stewart-Cousins, 22 Thompson and Valesky. 23 Ayes, 34. Nays, 28. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 301, Senate Budget Bill, Senate Print 2105B, 4 an act making appropriations for the support 5 of government, TRANSPORTATION, ECONOMIC 6 DEVELOPMENT AND ENVIRONMENTAL CONSERVATION 7 BUDGET. 8 ACTING PRESIDENT WINNER: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT WINNER: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 301 are 17 Senator Adams, Breslin, Connor, Diaz, Dilan, 18 Duane, Gonzalez, Hassell-Thompson, Huntley, 19 C. Johnson, Klein, L. Krueger, Montgomery, 20 Onorato, Oppenheimer, Parker, Perkins, Sabini, 21 Sampson, Savino, Schneiderman, Serrano, Smith, 22 Stachowski, Stavisky, Stewart-Cousins, 23 Thompson and Valesky. 24 Ayes, 34. Nays, 28. 25 ACTING PRESIDENT WINNER: The

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(518) 371-8910 1 bill is passed. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 302, Senate Budget Bill, Senate Print 2106B, 5 an act to amend the Civil Service Law and the 6 State Finance Law. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 302 are 16 Senators Adams, Breslin, Connor, Diaz, Dilan, 17 Duane, Gonzalez, Hassell-Thompson, Huntley, 18 C. Johnson, Klein, L. Krueger, Montgomery, 19 Onorato, Oppenheimer, Parker, Perkins, Sabini, 20 Sampson, Savino, Schneiderman, Serrano, Smith, 21 Stachowski, Stavisky, Stewart-Cousins, 22 Thompson and Valesky. 23 Ayes, 34. Nays, 28. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 304, Senate Budget Bill, Senate Print 2109B, 4 an act to authorize funding for the 5 Consolidated Local Street and Highway 6 Improvement Program. 7 ACTING PRESIDENT WINNER: Read 8 the last section. 9 THE SECRETARY: Section 18. This 10 act shall take effect immediately. 11 ACTING PRESIDENT WINNER: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 304 are 16 Senators Adams, Breslin, Connor, Diaz, Dilan, 17 Duane, Gonzalez, Hassell-Thompson, Huntley, 18 C. Johnson, Klein, L. Krueger, Montgomery, 19 Onorato, Oppenheimer, Parker, Perkins, Sabini, 20 Sampson, Savino, Schneiderman, Serrano, Smith, 21 Stachowski, Stavisky, Stewart-Cousins, 22 Thompson and Valesky. 23 Ayes, 34. Nays, 28. 24 ACTING PRESIDENT WINNER: The 25 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 305, Senate Budget Bill, Senate Print 2110B, 4 an act to amend the Tax Law. 5 ACTING PRESIDENT WINNER: Read 6 the last section. 7 THE SECRETARY: Section 6. This 8 act shall take effect immediately. 9 ACTING PRESIDENT WINNER: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 305 are 14 Senators Adams, Breslin, Connor, Diaz, Dilan, 15 Duane, Gonzalez, Hassell-Thompson, Huntley, 16 C. Johnson, Klein, L. Krueger, Montgomery, 17 Onorato, Oppenheimer, Parker, Perkins, Sabini, 18 Sampson, Savino, Schneiderman, Serrano, Smith, 19 Stachowski, Stavisky, Stewart-Cousins, 20 Thompson and Valesky. 21 Ayes, 34. Nays, 28. 22 ACTING PRESIDENT WINNER: The 23 bill is passed. 24 Senator Bruno, that completes the 25 controversial calendar.

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(518) 371-8910 1 SENATOR BRUNO: Thank you, 2 Mr. President. 3 Can we now return to reports of 4 standing committees. I believe there's a 5 Finance Committee report at the desk. I ask 6 that it be read at this time. 7 ACTING PRESIDENT WINNER: The 8 Secretary will read. 9 THE SECRETARY: Senator Johnson, 10 from the Committee on Finance, reports the 11 following nominations. 12 As Commissioner of the Office of 13 Children and Family Services, Gladys Carrion, 14 Esquire, of the Bronx. 15 ACTING PRESIDENT WINNER: Senator 16 Johnson. 17 SENATOR JOHNSON: I'd like to 18 move the nomination and call upon Senator Carl 19 Kruger. 20 ACTING PRESIDENT WINNER: Senator 21 Carl Kruger. 22 SENATOR CARL KRUGER: Thank you, 23 Senator Johnson. 24 Mr. President, firstly, on a 25 personal note, before I move the nomination of

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(518) 371-8910 1 Gladys Carrion, I would like to take this 2 opportunity to sort of kick away the rubble 3 that's in the center of this battlefield today 4 and talk for a moment about why I am here and 5 why I am representing the Social Services 6 Committee in the Senate. 7 I think if we want to talk for a 8 moment about change and we want to talk about 9 bipartisan government, if we want to move 10 forward with a positive agenda, then we have 11 to talk about what happened in the last ten 12 days here in Albany. 13 Our Majority Leader, Senator Bruno, 14 in concurrence with Minority Leader Malcolm 15 Smith, made a historic move. And the move was 16 to take someone from the Minority party, 17 myself, a Democrat, and appoint me as the 18 chairperson of the Standing Committee on 19 Social Services. 20 That not only has narrowed the 21 aisle, but it's also narrowed the rhetoric. 22 It's made what was a partisan move a 23 bipartisan move. It says to all of us that 24 there is change taking place, and that's 25 positive change. It's change that says that

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(518) 371-8910 1 we are going to be working together in unison 2 as a partnership, rather than individually, 3 but rather, this time, collectively. 4 So in the spirit of that change, 5 and as my first act as the chairperson of the 6 Committee on Social Services, after holding a 7 committee meeting this morning, I would like 8 to move the nomination of Gladys Carrion as 9 the Commissioner of the Office of Children and 10 Family Services. 11 As an acting commissioner, 12 Commissioner Carrion has been an exemplary 13 model for what we want to see happening as we 14 move that agency forward. With her long 15 history in government and in the private 16 sector, Commissioner Carrion brings a wealth 17 of knowledge and expertise at this critical 18 juncture, a juncture where we are going to use 19 our budgetary skills and the best that we can 20 do as legislators and as human beings to 21 understand the needs of children and families. 22 The developmentally disabled, the 23 underprivileged, the sick, the indigent will 24 find a place in the heart and in the mind of 25 Commissioner Carrion.

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(518) 371-8910 1 So it's with great pleasure, and in 2 the spirit of what we're doing here today, 3 that I support the Governor's nomination of 4 Commissioner Carrion as our next Commissioner 5 of the Office of Children and Family Services. 6 Thank you. 7 ACTING PRESIDENT WINNER: Thank 8 you, Senator Kruger. 9 Senator Gonzalez. 10 SENATOR GONZALEZ: We thank you, 11 Mr. President. 12 I rise to second the nomination of 13 Gladys Carrion. I've had the distinct 14 pleasure of working with her through her many 15 capacities, especially when she was 16 Commissioner of Community Development in the 17 City of New York, and all the other aspects 18 where she has done a fine job. 19 And I commend the Governor for this 20 appointment, and I wish her well. 21 So thank you, Mr. President. God 22 bless her. Godspeed. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Gonzalez. 25 Senator Diaz.

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(518) 371-8910 1 SENATOR DIAZ: Thank you, 2 Mr. President. 3 Today, again, I rise up to support 4 and to second the nomination of Gladys 5 Carrion. This is another of those 6 appointments by the Governor that makes me 7 happy. 8 It makes me happy because Gladys is 9 not only a woman, is not only a Hispanic, 10 capable person, not only -- she not only was 11 the executive director of the Inwood House and 12 the executive director of Family Dynamics, 13 Incorporated, and worked for the Ford 14 Foundation, and she was also Commissioner of 15 the Community Development Agency, but she -- 16 she is the wife of one of my good friends. 17 From 1993 to 1996, I served as the 18 Bronx commissioner in the Civilian Complaint 19 Review Board. And I had the honor and 20 privilege to work with her husband, the 21 Honorable Hector Soto. And there we did a lot 22 of things for the community. 23 And last week, Mr. President and 24 ladies and gentlemen, last week the Governor 25 also appointed Lorraine Cortes-Vazquez as the

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(518) 371-8910 1 Secretary of State, and this body approved 2 that nomination last week. And today it gives 3 me an extra honor to say that Lorraine 4 Cortes-Vazquez resides in my district, the 5 district that I represent. 6 And the Governor today has 7 appointed another person that resides in my 8 district, Gladys Carrion. 9 So, ladies and gentlemen, the 10 Governor has been very fair and very 11 consistent in appointing good people from my 12 district, showing that the people of the 32nd 13 Senatorial District are good residents, 14 honorable residents, well prepared, well 15 qualified, and well recognized by this 16 Governor. 17 So the 32nd Senatorial District 18 today is proud and honored to second the 19 nomination of Gladys Carrion, because she 20 represents not only a Puerto Rican, a 21 Hispanic, a woman, and not only she is the 22 wife of Hector Soto, she's also a 23 representative, an honorable and distinguished 24 representative of the 32nd Senatorial 25 District.

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(518) 371-8910 1 Thank you. Congratulations. 2 ACTING PRESIDENT WINNER: Thank 3 you, Senator Diaz. 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 I rise to say that while 8 Ms. Carrion does not live in my district, it 9 is still a great day for the Bronx, primarily 10 because her good works precede her. 11 And she has a tremendous job to do 12 for the children and families of the State of 13 New York. But she comes highly recommended by 14 a friend that we share in common who worked 15 for Families and Children with me in HIV and 16 AIDS many years ago. And I know that she's 17 going to do an extraordinary job for us. 18 And the Bronx is proud today to 19 welcome you to this new position. And I know 20 you're going to do well. Congratulations. 21 ACTING PRESIDENT WINNER: Thank 22 you, Senator Hassell-Thompson. 23 Senator Maltese. 24 SENATOR MALTESE: Mr. President, 25 I rise to second the nomination of Gladys

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(518) 371-8910 1 Carrion as Commissioner of the Office of 2 Children and Family Services. 3 The hour is late, and it is a pity 4 that the hour is late and that we had so much 5 on the agenda, today because this nomination 6 by the Governor is of critical importance, 7 working with children and family services. 8 I'll be brief and just read the 9 titles and the positions that this wonderfully 10 qualified woman has held. The first, of 11 course, is with United Way as senior vice 12 president for community investment. With 13 Inwood House, executive director. Family 14 Dynamics, Incorporated, executive director. 15 Ford Foundation, program officer, urban 16 poverty. New York City Community Development 17 Agency, a commissioner. 18 New York City Board of Education, 19 the consultant and chair of the Chancellor's 20 Task Force on Latino Educational 21 Opportunities. The Workers' Compensation 22 Board, she served as general counsel, 23 supervising law judge, senior law judge. With 24 ASPIRA of New York, acting executive director. 25 Bronx Legal Services Corporation, managing

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(518) 371-8910 1 attorney. Bronx Legal Services again, acting 2 unit director and staff attorney. 3 Her educational background is 4 paramount. She has a JD from NYU Law School 5 and a B.S. from Fordham. 6 And, Mr. President, I'm proud to 7 second the nomination of this superbly 8 qualified candidate to hold such a critically 9 important office. 10 ACTING PRESIDENT WINNER: Thank 11 you, Senator Maltese. 12 Senator Perkins. 13 SENATOR PERKINS: Thank you very 14 much. 15 I just wanted to take a quick 16 moment to express my congratulations. I had 17 the privilege of working with Ms. Carrion in 18 her capacity with the United Way. And when we 19 were working on workforce development issues, 20 particularly a special project that the 21 Council of the City of New York sponsored of 22 $50 million to create employment opportunities 23 in response to the Community Services Society 24 report on the high rates of unemployment 25 especially among African-American, Latino, and

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(518) 371-8910 1 Asian communities. 2 So she was a leader in that regard, 3 and she obviously, with that experience, 4 convinces me and should convince all of us 5 that she has the sensitivity and the 6 appreciation of what her new job will entail 7 and the kind of concerns that our city and our 8 state have that need to be addressed. 9 So my congratulations and 10 appreciation for having had the opportunity to 11 work with her in the past. 12 ACTING PRESIDENT WINNER: Thank 13 you, Senator Perkins. 14 Senator Montgomery. 15 SENATOR MONTGOMERY: Yes, thank 16 you, Mr. President. 17 I would like to join my colleagues 18 in commending the Governor for this 19 appointment and congratulating Ms. Carrion, 20 Commissioner Carrion. 21 She has already presented in the 22 budget hearings her vision and her intent to 23 really make some critical changes and to make 24 a difference for the lives of the young people 25 that she will be responsible for in her role

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(518) 371-8910 1 as commissioner. And I'm very excited about 2 that. 3 As we know, some of the most 4 troubled young people in our state will end up 5 under her purview in facilities and in 6 programs that she runs. And so I'm very happy 7 to have a person who is a woman, who is a 8 woman who has had a vast experience with those 9 difficult issues and areas that she will have 10 to sort out and deal with. And she brings a 11 sensitivity because she understands, I think, 12 from having been there what the needs of our 13 young people are. 14 So I'm very, very happy. I look 15 forward to excitedly working with her. And, 16 again, commend her and congratulate her on 17 this appointment. 18 Thank you, Mr. President. 19 ACTING PRESIDENT WINNER: Thank 20 you, Senator Montgomery. 21 Are there any other Senators that 22 wish to be heard? 23 Hearing none, the question is on 24 the nomination of Gladys Carrion as 25 Commissioner of the Office of Children and

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(518) 371-8910 1 Family Services. All in favor signify by 2 saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT WINNER: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT WINNER: Gladys 8 Carrion is hereby confirmed as Commissioner of 9 the Office of Children and Family Services. 10 (Applause.) 11 ACTING PRESIDENT WINNER: 12 Commissioner Carrion is joined by her husband, 13 Hector Soto. Welcome. 14 The Secretary will read. 15 THE SECRETARY: As Commissioner 16 of the Department of Correctional Services, 17 Brian S. Fischer, of Spring Valley. 18 ACTING PRESIDENT WINNER: Senator 19 Johnson. 20 SENATOR JOHNSON: Move the 21 nomination. 22 ACTING PRESIDENT WINNER: Senator 23 Morahan. 24 SENATOR MORAHAN: On the 25 nomination. I would love to second this

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(518) 371-8910 1 nomination of Brian Fischer. 2 ACTING PRESIDENT WINNER: Excuse 3 me, Senator. 4 Can we have some order, please. 5 Thank you. 6 SENATOR MORAHAN: Maybe they 7 could take that outside. 8 Very briefly. I know the hour is 9 late, and our nominees have been waiting a 10 long time. 11 I don't know Mr. Fischer 12 personally, only what I've read in his resume, 13 and it's impressive. And as a constituent of 14 mine, I am delighted to move his nomination. 15 Mr. Fischer started in the 16 Corrections Department in 1975. He has worked 17 throughout the system, worked at many 18 facilities, has also initiated new programs 19 for those prisoners transferring or being 20 newly released. 21 And now he is being nominated by 22 the Governor to be the Corrections 23 Commissioner for the State of New York, I 24 think a cap of a very great career that was 25 always upwardly mobile.

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(518) 371-8910 1 I'm your Senator, sir, in case you 2 don't know it. Okay? And I just want to 3 introduce myself to you and wish you all the 4 best as the new Commissioner. 5 Thank you. 6 ACTING PRESIDENT WINNER: Thank 7 you, Senator Morahan. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Mr. President. On the nomination. 11 Mr. President and my colleagues, it 12 enthusiastically support this nomination of 13 Brian Fischer to be Corrections Commissioner. 14 That the department he oversees 15 will certainly be a very challenging one, that 16 the budget of the Department of Corrections is 17 well over $2 billion. 18 And I daresay that Brian Fischer, 19 in coming before the Corrections Committee of 20 this Senate, did a outstanding job in 21 explaining his role. That Senator Volker 22 pointed out in both of our committee reviews 23 that Brian Fischer worked his way through the 24 ranks of the Corrections Department, and 25 that's the type of insight we certainly will

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(518) 371-8910 1 be benefiting from in the months ahead. 2 To have someone of his experience, 3 his activism, his view of corrections and his 4 steadfast working through the ranks in a 5 variety of different positions as a New York 6 State government worker certainly will bode 7 well for the department and for the state. 8 That the committee was very 9 impressed with Brian Fischer's qualifications 10 and experience. And that certainly we look to 11 work with him in the months ahead to ensure 12 our Department of Corrections is moving 13 forward, is providing safety and security for 14 the brave men and women who work behind those 15 walls, the approximately 25,000 correction 16 officers and other correctional personnel, 17 that those employees are going to be led by 18 Brian Fischer. 19 And I commend Governor Spitzer for 20 this appointment. And that we regret the hour 21 is late, his patience here certainly was 22 tested, but we look to see him to be a very 23 patient individual and run the department in 24 the same manner. 25 A very good nomination, the

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(518) 371-8910 1 committee overwhelmingly supports it, and I 2 very much support it as well. 3 Thank you, Mr. President. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator Nozzolio. 6 Senator Adams. 7 SENATOR ADAMS: I also rise and I 8 agree with my colleague Senator Nozzolio that 9 Mr. Fischer has come up through the ranks. 10 And rarely are we afforded the opportunity to 11 have not only academic experience but, in 12 addition, the experience of men and women who 13 have been in a correctional facility. 14 And I think that having him on 15 board as the new commissioner is going to 16 assist us in turning the corner on how we use 17 the correctional facility to improve those men 18 and women who leave the facility. 19 So I congratulate you and I welcome 20 to have a joint effort of improving the 21 correctional facilities throughout our state. 22 ACTING PRESIDENT WINNER: Thank 23 you, Senator Adams. 24 Senator Volker. 25 SENATOR VOLKER: Yes, quickly.

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(518) 371-8910 1 The hour, unfortunately, is late. 2 Brian, we're happy to have you on 3 board. You're the third in a series of 4 commissioners that have all come out of the 5 Correction Department, have graduated, as we 6 say. You come highly regarded by the former 7 commissioner, Glenn Goord, and by the top 8 people in the corrections field. 9 We're very much happy to have you 10 on board, and good luck to you in the future. 11 ACTING PRESIDENT WINNER: Thank 12 you, Senator Volker. 13 Senator Oppenheimer. 14 SENATOR OPPENHEIMER: Also 15 briefly. 16 The place where Mr. Fischer has 17 been for the last, what, six, seven years now 18 is Sing Sing, which is in my district. And I 19 have had the pleasure of going to Sing Sing on 20 several occasions, and they have some programs 21 there which are kind of unique to the system, 22 in that they have education programs both for 23 bachelor's and on to master's programs. And 24 this is something that we have funded through 25 really individual contributions, because as

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(518) 371-8910 1 you all know the state no longer funds higher 2 education in prison -- which I hope we will be 3 able to change in the coming years. 4 They also have a very wonderful 5 program called -- it concerns theatrical 6 productions that the inmates put on. They 7 sometimes write the play, and they also 8 perform in it. It has demonstrated an ability 9 to bring out the responsibility and the 10 self-control that is necessary for these kind 11 of productions. 12 So there's just a lot of innovative 13 things happening in Sing Sing. And if we 14 could translate them throughout our system, I 15 think it would be very beneficial to the 16 inmates. And I think that would be, in turn, 17 very beneficial to all of us. Because when 18 they leave, they know how to read and write 19 and they are very much in control of their own 20 destinies and they know it. 21 Congratulations for the things you 22 have done and the things that you will do. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Oppenheimer. 25 Are there any other Senators that

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(518) 371-8910 1 wish to be heard? 2 Senator Montgomery. 3 SENATOR MONTGOMERY: Yes, I just 4 want to -- I rise to commend and congratulate 5 Superintendent -- Commissioner Fischer. 6 And let me just say that so many of 7 the people that you've worked with over there 8 and throughout the state over there in Sing 9 Sing, those programs that you have brought in 10 and allowed people who were incarcerated to 11 participate in, they come back to my district 12 and they are very different people because of 13 the work that you've done with them. 14 So I want to say here I appreciate 15 the work that you've done in the past and I 16 certainly look forward to being able to work 17 with you ongoing, because the lives that you 18 have in your jurisdiction, many of them will 19 be coming back to communities and districts 20 like mine. 21 So thank you, and I look forward to 22 working with you. 23 ACTING PRESIDENT WINNER: Thank 24 you, Senator Montgomery. 25 Any other Senators wish to be

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(518) 371-8910 1 heard? 2 The question is on the nomination 3 of Brian S. Fischer as Commissioner of the 4 Department of Correctional Services. All in 5 favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT WINNER: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT WINNER: Brian 11 S. Fischer is hereby confirmed as Commissioner 12 of the Department of Correctional Services. 13 (Applause.) 14 ACTING PRESIDENT WINNER: Brian 15 Fischer is joined by his wife, Rhoda, and his 16 son, Scott Fischer. And I don't know if 17 they've stuck here with you, but in any event, 18 we welcome them here. 19 And, Commissioner, as the 20 representative of Elmira and Southport and 21 Monterey, I look forward to working with you 22 in the future. So congratulations on your 23 appointment. 24 The Secretary will read. 25 THE SECRETARY: As Commissioner

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(518) 371-8910 1 of the Office of General Services, John C. 2 Egan, of Slingerlands. 3 ACTING PRESIDENT WINNER: Senator 4 Johnson. 5 SENATOR JOHNSON: I'd like to 6 move the nomination and ask that you recognize 7 Senator Breslin for a second. 8 ACTING PRESIDENT WINNER: Senator 9 Breslin. 10 SENATOR BRESLIN: Thank you, 11 Mr. President. 12 I rise to second the nomination of 13 John Egan, not only a constituent but a very 14 dear friend. 15 And I might add, I should 16 apologize; I told his son, Supreme Court Judge 17 John Egan, about ten after 3:00 that the 18 nomination should be taken up in about 19 15 minutes. 20 (Laughter.) 21 SENATOR BRESLIN: John Egan, in 22 my opinion, is the finest public servant that 23 this state has ever seen. For my entire adult 24 life he has been an idol for many of us in the 25 Capital Region, taking OGS years ago to

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(518) 371-8910 1 successes, the Department of Transportation, 2 the Dormitory Authority. 3 The Albany Airport, if you'll 4 remember, now the Albany International 5 Airport, was a very modest place until John 6 Egan got his hands on it. And, I might add, 7 assisted by the Majority Leader of this 8 Senate, Joe Bruno, who did so much to bring 9 Southwest here and do so many other things. 10 But John continued on by running 11 the Harriman Campus, redeveloping it, on the 12 Task Force for High Speed Rail. And it just 13 seemed that wherever you went to have 14 something done, it was John Egan there. And 15 many people I'm sure thought that there were 16 more than one John Egan. Well, there isn't. 17 And, you know, when this Governor 18 said he's going to bring the best and the 19 brightest, he brought the best and the 20 brightest in John Egan. 21 Thank you very much, Mr. President. 22 ACTING PRESIDENT WINNER: Thank 23 you, Senator Breslin. 24 Senator Larkin. 25 SENATOR LARKIN: Thank you,

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(518) 371-8910 1 Mr. President. 2 You know, to stand up and nominate 3 or second the nomination of John Egan is a 4 true privilege. 5 You know, many times you get asked 6 to nominate somebody for something and you're 7 honored to do it. But I've been around this 8 chamber for 31 years. And when I first met 9 John Egan he was on the other side, like he is 10 today. But John Egan is not a person that 11 goes from side to side. John Egan has treated 12 everybody, regardless of whether they were 13 minority or majority, Senate or Assembly, 14 because his goal was to assist you in doing 15 something that was positive for your district. 16 Not for John Egan, but for what it meant in 17 your district and what it would mean for the 18 people of the State of New York. 19 Senator Breslin stole my thunder, 20 but I used it in a Senate meeting. You know, 21 when you start to look at somebody to do a 22 project, you have to look at him from all 23 aspects. John Egan is a man for all reasons. 24 John, I don't know how you do it, 25 but I'm honored that you would consider to

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(518) 371-8910 1 come back, because you are the epitome for 2 everybody to look at who ever wants to be in 3 public service. You are the person they 4 should look at. And young people should 5 idolize you because of what you stand for and 6 the greatness you bring to the State of 7 New York. 8 Thank you very much, John. 9 ACTING PRESIDENT WINNER: Thank 10 you, Senator Larkin. 11 Senator Nozzolio. 12 SENATOR NOZZOLIO: Thank you, 13 Mr. President. I rise at this late hour with 14 your indulgence to briefly echo the comments 15 of my good friends Senator Breslin and Senator 16 Larkin. 17 That yes, I served in the State 18 Legislature for 25 years and through that time 19 have admired the actions of John Egan. We 20 debated a bill for three hours earlier today. 21 We certainly could have spent three hours 22 discussing the experience and career of John 23 Egan. 24 But I wish just to summarize and 25 say that, yes, you are in fact a model for

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(518) 371-8910 1 those who study the management of public 2 service, those who are brought to public 3 service to do a job, to do it well. 4 That the gain of the OGS, though, 5 is the loss of the high-speed-rail project, 6 and that certainly was a project that John 7 Egan was very much involved with and that 8 would certainly in the long run help our 9 upstate economy a great deal. 10 Nonetheless, I think that his 11 position here will serve the state very well, 12 the taxpayers very well, and that I echo the 13 great sentiments by my colleagues in support 14 of John Egan, public servant. 15 ACTING PRESIDENT WINNER: Thank 16 you, Senator Nozzolio. 17 Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 John Egan may be the most confirmed man here 20 in the history of the New York State 21 Legislature. I think I've spoken more on his 22 behalf than any other person I could ever 23 remember. 24 And for an Irishman, I have to -- I 25 never heard a bad word, and for an Irishman,

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(518) 371-8910 1 that's really something. 2 (Laughter.) 3 SENATOR VOLKER: I've got to say, 4 John, that as I said to you in the Finance 5 Committee, "Did you do anything since the last 6 time we confirmed you?" And he said, "Not 7 that I know of." If there's anybody clean in 8 this capital, it's you, because we've 9 investigated you so many times. 10 But congratulations and good luck. 11 ACTING PRESIDENT WINNER: Thank 12 you, Senator Volker. 13 Senator Hassell-Thompson. 14 SENATOR HASSELL-THOMPSON: Thank 15 you, Mr. President. 16 It gives me pleasure to second this 17 nomination and to remind Mr. Egan that while 18 he may not remember me, I remember him quite 19 well. Several years ago, under the Cuomo 20 administration, I was on the Minority and 21 Women Business Advisory Task Force. And part 22 of our job was to put together the language 23 for what became 15A. 24 And I have to say that he was one 25 of the few commissioners that I worked with

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(518) 371-8910 1 who was, first of all, a gentleman and 2 respectful, and his staff was cooperative in 3 helping us to develop the language that went 4 forward to become a major piece of legislation 5 in the State of New York representing the 6 needs of minorities and women in the business 7 community. 8 And I want to thank him for that 9 and to be very pleased to be in this position 10 today to be able to vote on his nomination for 11 this position. 12 Congratulations to you, Mr. Egan. 13 ACTING PRESIDENT WINNER: Thank 14 you, Senator Hassell-Thompson. 15 Any other Senators wish to be 16 heard? 17 The question is on the nomination 18 of John C. Egan as Commissioner of the Office 19 of General Services. 20 All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT WINNER: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT WINNER: John C.

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(518) 371-8910 1 Egan is hereby confirmed as Commissioner of 2 the Office of General Services. 3 Congratulations. 4 (Applause.) 5 ACTING PRESIDENT WINNER: 6 Commissioner Egan is also joined by his wife, 7 Ginny Egan, and his sons, Justice John Egan, 8 Jr., and Dan Egan. 9 Thank you for coming and 10 congratulations, Commissioner. 11 The Secretary will read. 12 THE SECRETARY: As Commissioner 13 of the Office of Temporary and Disability 14 Assistance, David A. Hansell, of New York 15 City. 16 ACTING PRESIDENT WINNER: Senator 17 Johnson. 18 SENATOR JOHNSON: I'd like to 19 move the nomination and ask that you recognize 20 Senator Carl Kruger for a second. 21 ACTING PRESIDENT WINNER: Senator 22 Kruger. 23 SENATOR CARL KRUGER: Thank you, 24 Senator Johnson. 25 Mr. President, today, on behalf of

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(518) 371-8910 1 the Committee on Social Services, I second the 2 nomination of David Hansell as the 3 Commissioner of Temporary and Disability 4 Assistance. 5 Mr. Hansell, currently the HRA, 6 Human Resources Administration, chief of staff 7 back in New York City, has a distinguished 8 record in public service. 9 He brings a clear and keen 10 understanding of the congruent efforts of the 11 disabilities and the needs for families and to 12 raise the bar and standard as we move forward 13 to make our citizenry self-sufficient, to 14 develop programs and be innovative into our 15 efforts to take people off of the public 16 assistance rolls and make them functioning 17 members of our society. 18 So on behalf of our committee, I 19 would like to compliment the Governor on his 20 appointment of David Hansell, and I believe 21 that he will be doing not only a good job for 22 us, but he'll a role model for others as they 23 move forward. 24 Thank you. 25 ACTING PRESIDENT WINNER: Thank

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(518) 371-8910 1 you, Senator Kruger. 2 Are there any other Senators that 3 wish to be heard? 4 The question is on the nomination 5 of David Hansell as Commissioner of the Office 6 of Temporary and Disability Assistance. All 7 in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT WINNER: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT WINNER: David 13 Hansell is hereby confirmed as Commissioner of 14 the Office of Temporary and Disability 15 Assistance. 16 Congratulations. 17 (Applause.) 18 ACTING PRESIDENT WINNER: 19 Commissioner Hansell is joined by his partner, 20 Robert Cimino, and his parents, Herbert and 21 Jeanne Hansell. 22 Welcome. Congratulations, 23 Commissioner. 24 Senator Volker. 25 SENATOR VOLKER: Is there any

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(518) 371-8910 1 further business at the desk? 2 ACTING PRESIDENT WINNER: There 3 is no further business. 4 SENATOR VOLKER: Please recognize 5 Senator Dilan. 6 ACTING PRESIDENT WINNER: Senator 7 Dilan. 8 SENATOR DILAN: There will be a 9 Minority conference tomorrow, Tuesday, 10:30, 10 in Room 315. 11 Thank you. 12 SENATOR VOLKER: Mr. President, 13 there being no further business, we will 14 adjourn until tomorrow, Tuesday, March 13th, 15 at 11:00 a.m. 16 ACTING PRESIDENT WINNER: On 17 motion, the Senate stands adjourned until 18 Tuesday, March 13, at 11:00 a.m. 19 (Whereupon, at 9:26 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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