Monday, February 8, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 8, 2010 11 3:29 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Sunday, February 7, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 February 6, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT BRESLIN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 believe you have a resolution at the desk. I 10 ask that the resolution be read in its 11 entirety and move for its immediate adoption. 12 ACTING PRESIDENT BRESLIN: 13 Senator Klein, has this resolution been deemed 14 privileged and submitted by the office of the 15 Temporary President? 16 SENATOR KLEIN: Yes, it has, 17 Mr. President. 18 ACTING PRESIDENT BRESLIN: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Breslin, Legislative Resolution honoring the 22 Twin Rivers Council upon the occasion of 23 celebrating the 100th Anniversary of the Boy 24 Scouts of America. 25 "WHEREAS, It is the sense of this

Candyco Transcription Service, Inc. 1 Legislative Body to honor the youth of today, 2 and leaders of tomorrow, whose character and 3 achievements best exemplify the ideals and 4 values cherished by this great state and 5 nation; and 6 "WHEREAS, The Boy Scouts of America 7 and its members are dedicated to the 8 development of character and leadership in the 9 youth of this nation; and 10 "WHEREAS, attendant to such 11 concern, and in full accord with its 12 long-standing traditions, this Legislative 13 Body is justly proud to honor the Twin Rivers 14 Council upon the occasion of celebrating the 15 100th Anniversary of the Boy Scouts of 16 America; and 17 "WHEREAS, to observe this 18 auspicious anniversary, the Twin Rivers 19 Council has planned numerous events, some of 20 which have already taken place and some to 21 occur. On February 8, 2010, the official 22 birthday of BSA will be celebrated with 23 Centennial Scouting Day. A scouting display 24 at the New York State Museum will showcase 25 scouting memorabilia and historic scouting

Candyco Transcription Service, Inc. 1 artifacts. In March of 2010, the Scout Mall 2 Show will exhibit the great things benefitted 3 through scouting to all shoppers at numerous 4 venues. In June of 2010, the Centennial Eagle 5 Recognition Dinner will be held to both 6 recognize current Eagle Scouts and identify 7 and energize Eagle alumni of all ages. In 8 September of 2010, the pilgrimage to Silver 9 Bay on Lake George, the site of scouting's 10 first camp and training site, will include a 11 dinner, historical reenactment, silent 12 auction, and limited-issue memorabilia. And 13 the year-long celebration will culminate with 14 the 100th Anniversary Camporee, to be held 15 October 1-3, 2010, at Saratoga State Park; and 16 "WHEREAS, The purpose of the Boy 17 Scouts of America, incorporated on February 8, 18 1910, and chartered by Congress in 1916, is to 19 provide an educational program for boys and 20 young adults to build character, to train in 21 the responsibilities of participating 22 citizenship, and to develop personal fitness; 23 and 24 "WHEREAS, The Twin Rivers Council 25 provides scouting within the following 13

Candyco Transcription Service, Inc. 1 counties: Albany, Clinton, Columbia, Essex, 2 Franklin, Fulton, Hamilton, Montgomery, 3 Rensselaer, Saratoga, Schenectady, Warren, and 4 Washington; and 5 "WHEREAS, Community-based 6 organizations receive national charters to use 7 the scouting program as a part of their own 8 youth work. These groups, which have goals 9 compatible with those of the Boy Scouts of 10 America, include religious, educational, 11 civic, fraternal, business, labor 12 organizations, governmental bodies, 13 corporations, professional associations, and 14 citizens' groups; and 15 "WHEREAS, In 2009, over 500,000 16 hours of community service were completed by 17 Scouts and volunteers throughout the State of 18 New York; and 19 "WHEREAS, Furthermore, over 350,000 20 youth were served by more than 60,000 adult 21 volunteers who coached, guided and led them 22 through scouting programs; and 23 "WHEREAS, There are more than 6,000 24 Boy Scouts of America units -- packs, troops, 25 crews, posts, and groups -- which are

Candyco Transcription Service, Inc. 1 chartered by schools, churches, service clubs, 2 fraternal orders, and other community groups 3 across the State of New York; and 4 "WHEREAS, This year, over 60,000 5 Cub Scouts, Boy Scouts, and leaders 6 participated in approved camping programs in 7 New York State, and over 700 Scouts earned the 8 prestigious rank of Eagle Scout; and 9 "WHEREAS, The Boy Scouts of America 10 have so manifestly contributed to the 11 preservation of those treasured ideals of 12 compassion, honor, preparedness and concern 13 for others which are so paradigmatic of our 14 American heritage; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to honor the 17 Twin Rivers Council upon the occasion of 18 celebrating the 100th Anniversary of the 19 Boy Scouts of America; and be it further 20 "RESOLVED, That copies of this 21 resolution, suitably engrossed, be transmitted 22 to the Twin Rivers Council, Boy Scouts of 23 America." 24 ACTING PRESIDENT BRESLIN: I'll 25 take liberties of the chair for a moment and

Candyco Transcription Service, Inc. 1 welcome Steve Silverman, the director of the 2 Twin Rivers Council, Bob Bullock, the chair of 3 the 100th Anniversary events, and an old and 4 dear friend of not only myself but the entire 5 Legislature, former Assemblyman Fred Field. 6 In addition, New York State is the 7 home and the Boy Scouts of America were 8 founded here. There are over 350,000 9 Boy Scouts and alumni, either existing Boy 10 Scouts or alumni. The first headquarters was 11 in New York City, at the YMCA. And their 12 first summer camp in the United States was at 13 Silver Bay on Lake George, in the district of 14 Senator Betty Little. 15 So let's all welcome the Scouts for 16 being here, and in recognition of the 100th 17 Anniversary of the Boy Scouts of America. 18 (Applause.) 19 ACTING PRESIDENT BRESLIN: 20 Senator Smith. 21 SENATOR SMITH: Thank you very 22 much, Senator Breslin. 23 I do want to make a comment about 24 the Boy Scouts. Prior to, I do just want to 25 acknowledge the fact that I have a University

Candyco Transcription Service, Inc. 1 of Albany ambassador that is shadowing me 2 today by the name of Debby Brown. And Debby 3 just wanted to say hello to everybody. She is 4 learning the ways of the Senate. I told her 5 this is a very quiet time for us as a body. 6 (Laughter.) 7 SENATOR SMITH: There are the 8 moments. 9 But with regard to the resolution, 10 I do want to congratulate Senator Breslin for 11 this resolution honoring the Boy Scouts on 12 their hundredth year. I myself was a Boy 13 Scouts, spent some time at Ten Mile River, got 14 thrown in the lake, and that's where I learned 15 how to swim. 16 But I do want you to understand 17 that being a Boy Scout is a very honorable 18 thing. It's something that you should enjoy. 19 It teaches you a lot to deal with discipline 20 and respect. And especially during these 21 times when peer pressure is very high from 22 your friends who might want you to think that 23 being a Boy Scout isn't cool -- well, being a 24 Boy Scout is being cool. It's being cool 25 because you know what you stand for, you have

Candyco Transcription Service, Inc. 1 the strength within yourself to stand up to 2 anyone who wants to say something that is not 3 positive about you, and you know how to handle 4 that. 5 I myself have indicated to many 6 people that if it wasn't for the Boy Scouts, I 7 probably wouldn't be standing on this floor 8 today, notwithstanding other influences in my 9 life. 10 So, Senator Breslin, I want to 11 thank you for honoring them. In a way, I feel 12 like I'm being honored myself, because I am a 13 true Boy Scout myself. And it is so good to 14 see so many of you here. 15 Thank you, and God bless. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Smith. 18 Senator Larkin. 19 SENATOR LARKIN: Thank you, 20 Mr. President. Thank you so much for taking 21 the time to ensure that we haven't forgotten a 22 quarter of Americans, the Boy Scouts. 23 Now, 2 percent of the Scouts, as 24 you all know, become Eagle Scouts. I'm a 25 veteran of 23 years of active duty, with my

Candyco Transcription Service, Inc. 1 good friend on the end, Roy McDonald, active. 2 A lot of others here served associated with 3 Scouts. 4 I guess the first time I got 5 involved with Scouts was in Germany when a 6 two-star general said, "We're going to build a 7 camp for Scouts." And I said, "That's a good 8 recon unit." He said, "No, idiot, that's the 9 Boy Scouts of America." 10 So after that I learned a lot. I 11 participated and was a director of Boy Scouts 12 of America's National Jamboree in 1960 in 13 Denver, Colorado. 14 You know, the military been a great 15 fostering place. I know a Congressional Medal 16 of Honor in Vince Leibell's district, Paul 17 Bucha. When you talk to Paul, he'll say "I 18 was appointed because they read the bottom of 19 my resume asking to go to West Point because 20 it said, very clearly, I am an Eagle Scout." 21 And his Congressman said, "The only reason I 22 appointed you was you were an Eagle Scout." 23 He is a Congressional Medal of Honor winner 24 and still alive today. 25 Scouting is very important to us.

Candyco Transcription Service, Inc. 1 Too often people don't think of it. I tell 2 Scouts when I meet them, "Don't sit down in 3 the back of the car so somebody won't see you, 4 sit up tight and straight. Let your mothers 5 and fathers and grandparents and aunts and 6 uncles see you and know that you're doing 7 something that is right for you, for your 8 family and America." 9 One hundred years. We want to make 10 sure that that generation starting today will 11 stand tall, because numbers and numbers and 12 numbers of our armed forces -- for our men 13 it's the Eagle, and for our females it's the 14 Gold Award. So don't forget your sisters in 15 service for scouting. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Larkin. 18 Senator Little. 19 SENATOR LITTLE: Thank you, 20 Mr. President. 21 I would like to join my colleagues 22 in recognizing the Twin Rivers Scout Council, 23 in that they represent -- all six of my 24 counties are members of Twin Rivers. And 25 Silver Bay, yes, is on beautiful Lake George

Candyco Transcription Service, Inc. 1 within my district. 2 But in doing so, I'd also like to 3 thank all of the people, the leaders who have 4 volunteered so many hours in the past 5 100 years and who are currently doing so. 6 And I'd also like to thank all the 7 parents who take the time to see that their 8 youngsters become members of scouting. And 9 whether it's from Cub Scouts or to Eagle 10 Scout, every young man learns something and 11 benefits by being a member of scouting. 12 So congratulations upon 100 years 13 of Boy Scouts in our country, and thank you 14 for coming down. Thank you. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Little. 17 Senator Farley. 18 SENATOR FARLEY: Thank you, 19 Senator Breslin. 20 I rise also in support of your 21 resolution. And I thank you for bringing this 22 forward on the hundredth anniversary of the 23 Boy Scouts. 24 Now, the Twin Rivers Council, which 25 your resolution speaks to, represents

Candyco Transcription Service, Inc. 1 13 counties, four of which are in my district. 2 And I'm sure that there's some constituents in 3 the gallery of mine and of yours and so many. 4 But scouting is one of the most 5 valuable things in our society. These Eagle 6 Scouts go on to become the cream of our 7 society and rise to the highest levels in our 8 society because of what they learned in 9 scouting. The Twin Rivers has been one of the 10 most successful Boy Scout councils in the 11 United States. It also has one of the most 12 beautiful facilities, Lake George. 13 And not only do we welcome them 14 here, I wish them well. And I know that 15 they're a very, very large part of our state 16 and of our nation, and we're very, very 17 pleased to rise in support of this resolution. 18 ACTING PRESIDENT BRESLIN: Thank 19 you, Senator Farley. 20 Senator Golden. 21 SENATOR GOLDEN: Thank you, 22 Mr. President. 23 I too rise in support of the 24 resolution. Scouting has been a great 25 tradition for over a hundred years. And the

Candyco Transcription Service, Inc. 1 unfortunate reality is they keep diminishing. 2 Their numbers are coming down because they've 3 been forced out of some of our public schools 4 and public sectors because of their Scout oath 5 and for other reasons. 6 They no longer have the meeting 7 halls they used to be able to have, and being 8 able to congregate. Which is unfortunate, 9 because they are really a great organization. 10 I have a Scout Troop 20 that's 11 meeting in the same hall for 100 years, the 12 New Utrecht Reformed Church, when they started 13 back a hundred years ago. Troop 20 is still 14 meeting at that location. That is something 15 that we are all very, very proud of. 16 And you know what, you may not grow 17 up to be an Eagle Scout, but there is scouting 18 in many of our corporate leaders, and many of 19 our battlefield generals and battlefield 20 commanders today have scouting tradition 21 within them. 22 Even Senator Schneiderman, I 23 understand, has some scouting in him -- I 24 don't know how, but he does. And I don't know 25 if he went to Eagle Scout -- did he? No, he's

Candyco Transcription Service, Inc. 1 a good man. He's a good man. I congratulate 2 him for being in scouting. 3 But I will tell you that in our 4 area down in Brooklyn, New York, and Staten 5 Island, the kids from around the City of 6 New York, they get an opportunity to go to a 7 place called Camp Pouch. Now, this is in the 8 middle of Staten Island. It's beautiful. And 9 the scouting world and the scouting, I guess, 10 corporate is getting ready or contemplating 11 closing that location. 12 And I need the support, and I know 13 we have the support of Senator Savino and 14 Senator Lanza here in this body to make sure 15 that that doesn't happen, that this tradition 16 of Pouch remains in our community in Staten 17 Island and that the kids from the inner city 18 get an opportunity to see what scouting is all 19 about. It's like Ten Mile River, it's really 20 gorgeous. I mean, when you see this, it's 21 really something to be proud of. 22 And I appreciate this resolution 23 today, because it sends a signal to all of 24 these young men and women that we support 25 their efforts and that there should be more

Candyco Transcription Service, Inc. 1 scouting going on here in this great state and 2 across this nation. 3 I commend their efforts, and I 4 commend the efforts of all of the volunteers 5 that go out there each and every week and each 6 and every month to make a difference. 7 So we need your support to make 8 sure that Camp Pouch stays as part of scouting 9 tradition in the future and that they do not 10 get a chance to take that away from our kids 11 across the tristate area and across the City 12 of New York. 13 Thank you. 14 ACTING PRESIDENT BRESLIN: Thank 15 you, Senator Golden. 16 Senator Foley. 17 SENATOR FOLEY: Thank you, 18 Mr. President. 19 I stand also in strong support of 20 this resolution and wish to commend the 21 Boy Scouts of America for a hundred 22 outstanding years. It's one of the greatest 23 movements here in our country and in fact 24 across the world. 25 Having been the former chair of the

Candyco Transcription Service, Inc. 1 Sunrise District on Long Island, which at one 2 time was one of the largest districts anywhere 3 in our country, I can tell you that the 4 families that have been involved in 5 scouting -- in some cases for over four 6 generations -- have made a huge difference in 7 the communities that we find scouting. 8 Attending, as we all do, a number 9 of Eagle Courts of Honor, I think it's one of 10 the joyful procedures that we have as elected 11 officials to take part in those particular 12 undertakings. And I can tell you I was at one 13 two weekends ago, well over 200 community 14 members were at that particular event. 15 And it is one of the organizations, 16 one of the wholesome organizations that 17 communities, families, a whole host of groups 18 can rally around, because we know that 19 scouting so well prepares our young people for 20 adult lives and whatever they may do 21 accordingly. So as one State Senator, I wish 22 to say congratulations to this particular 23 council. 24 We have out in Suffolk County Camp 25 Baiting Hollow, which similar to what Senator

Candyco Transcription Service, Inc. 1 Golden mentioned earlier, at times the scouts 2 thought of selling the property, but 3 thankfully they haven't. We have undertaken a 4 number of capital campaigns in order to 5 improve those particular facilities at that 6 camp. And luckily they've saved the camp and 7 it's made all the difference in the world in 8 how they've been able to use the camp for the 9 Scouts in Suffolk County. 10 So again, I want to say 11 congratulations. And to you, Mr. President, 12 this certainly is a very worthwhile 13 resolution; I stand foursquare behind it. 14 Thank you. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Foley. 17 Are there any other Senators 18 wishing to be heard on the resolution? 19 The question is then on the 20 resolution. Will all those in favor please 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT BRESLIN: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 resolution is adopted. 3 The resolution is open to all 4 members of the body. Anyone not wishing to be 5 on the resolution please indicate by coming to 6 the desk. 7 And we applaud all Scouts, their 8 fathers, mothers, leaders, and all in the 9 gallery who support Boy Scouts. 10 (Applause.) 11 ACTING PRESIDENT BRESLIN: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 believe Senator Montgomery has a resolution at 15 the desk. I ask that the title of the 16 resolution be read and move for its immediate 17 adoption. 18 ACTING PRESIDENT BRESLIN: 19 Senator Klein, has this resolution been deemed 20 privileged and submitted by the office of the 21 Temporary President? 22 SENATOR KLEIN: Yes, 23 Mr. President. 24 ACTING PRESIDENT BRESLIN: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Montgomery, legislative resolution honoring 3 Amy Sumner for her community service and 4 advocacy on behalf of school-based health 5 Centers in Brooklyn, New York. 6 ACTING PRESIDENT BRESLIN: The 7 question is on the resolution. All those in 8 favor please signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT BRESLIN: The 14 resolution is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please move to a reading of 18 the calendar. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 38, by Senator Aubertine, Senate Print 1677A, 23 an act to amend the Agriculture and Markets 24 Law, in relation to notification. 25 ACTING PRESIDENT BRESLIN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 41, by Senator Serrano, Senate Print 3351A, an 14 act to amend the Parks, Recreation and 15 Historic Preservation Law, in relation to 16 membership. 17 ACTING PRESIDENT BRESLIN: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT BRESLIN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT BRESLIN: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 45, by Senator Dilan, Senate Print 3514, an 7 act to amend the General Municipal Law, in 8 relation to authorizing. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 30th day. 13 ACTING PRESIDENT BRESLIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT BRESLIN: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. Nays, 19 2. Senators Ranzenhofer and Marcellino 20 recorded in the negative. 21 ACTING PRESIDENT BRESLIN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 46, by Senator Breslin, Senate Print 5111, an 25 act to amend the General Municipal Law and the

Candyco Transcription Service, Inc. 1 Civil Service Law, in relation to providing 2 health services. 3 ACTING PRESIDENT BRESLIN: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT BRESLIN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT BRESLIN: 11 Announce the results. 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT BRESLIN: The 14 bill is passed. 15 The Secretary will continue to 16 read. 17 THE SECRETARY: Calendar Number 18 47, by Senator Stewart-Cousins, Senate Print 19 5601, an act to amend the General Municipal 20 Law, in relation to allowing not-for-profits. 21 ACTING PRESIDENT BRESLIN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: 4 Senator DeFrancisco, to explain his vote. 5 SENATOR DeFRANCISCO: I'm going 6 to vote no. 7 I think the problem with this bill 8 is that it authorizes counties to allow 9 non-for-profits to take advantage of their 10 purchasing in bulk, apparently. And it says 11 any non-for-profit corporations that provide a 12 service to a county. That's pretty darn broad 13 and it's got to be an absolute administrative 14 nightmare for any county. 15 Granted, they say the county can 16 impose whatever restrictions they want. But 17 if they can impose whatever restrictions they 18 want, can they say no, we just don't want to 19 do this? So I just think it's too loosely 20 worded, and I'm going to vote no for that 21 reason. 22 ACTING PRESIDENT BRESLIN: 23 Senator DeFrancisco will be recorded in the 24 negative. 25 Senator Bonacic, to explain his

Candyco Transcription Service, Inc. 1 vote. 2 SENATOR BONACIC: Thank you, 3 Mr. President. 4 I look at this a little 5 differently. A lot of small businesses 6 actually sell products to the not-for-profits. 7 And what you're going to do is you're going to 8 allow the not-for-profits to go to a county 9 arrangement that might be cheaper and not do 10 business with the small businesses who are out 11 there paying taxes and creating jobs. 12 For that reason, I'm going to vote 13 no. Thank you, Mr. Chairman. 14 ACTING PRESIDENT BRESLIN: 15 Senator Bonacic will be recorded in the 16 negative. 17 Are there any other Senators 18 wishing to be heard? 19 Senator LaValle, to explain his 20 vote. 21 SENATOR LaVALLE: Thank you, 22 Mr. President. Just very briefly. 23 I think this bill comes up at the 24 wrong time with small businesses being so 25 fragile. And I think Senator Bonacic made a

Candyco Transcription Service, Inc. 1 good point, and I'm going to vote at this time 2 in the negative. 3 ACTING PRESIDENT BRESLIN: 4 Senator LaValle to be recorded in the 5 negative. 6 Senator Little, to explain her 7 vote. 8 SENATOR LITTLE: Thank you, 9 Mr. President. 10 I'm also going to vote in the 11 negative on this bill, because I believe that 12 it expands -- it certainly creates more work 13 for the county for not-for-profits to be able 14 to purchase through the county offices. But 15 there are many, many not-for-profits. 16 And I imagine the next step would 17 be for any not-for-profit to be able to 18 purchase through and on the county contracts. 19 And I think that small business in every area 20 where these not-for-profits were operating 21 would be affected by that. So I am a negative 22 vote. 23 Thank you. 24 ACTING PRESIDENT BRESLIN: 25 Senator Little will be recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 47 are 5 Senators Bonacic, DeFrancisco, Flanagan, 6 Golden, Griffo, O. Johnson, LaValle, Little, 7 Marcellino, Skelos. Also Senators Ranzenhofer 8 and Larkin. Also Senator Saland. Also 9 Senator Winner. 10 Ayes 45. Nays, 14. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 49, by Senator Sampson, Senate Print 2852, an 16 act to amend the Public Officers Law, in 17 relation to expanding the definition. 18 ACTING PRESIDENT BRESLIN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 54, by Senator Sampson, Senate Print 2971, an 7 act to amend the Estates, Powers and Trusts 8 Law, in relation to waiver. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 September. 14 ACTING PRESIDENT BRESLIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT BRESLIN: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT BRESLIN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 55, by Senator Sampson, Senate Print 5588A, an 24 act to amend the Domestic Relations Law, in 25 relation to the use of proceeds.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BRESLIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT BRESLIN: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 60, by Senator Oppenheimer, Senate Print 15 6154B, an act to amend the Education Law, in 16 relation to teachers' rights. 17 ACTING PRESIDENT BRESLIN: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect September 1. 21 ACTING PRESIDENT BRESLIN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT BRESLIN: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT BRESLIN: the 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 62, by Senator Adams, Senate Print 3284, an 6 act to amend the Civil Service Law, in 7 relation to providing. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: 16 Announce the results. 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 64, by Senator C. Johnson -- 22 SENATOR KLEIN: Lay the bill 23 aside for the day. 24 ACTING PRESIDENT BRESLIN: The 25 bill is laid aside for the day.

Candyco Transcription Service, Inc. 1 Senator Klein, that concludes the 2 reading of the noncontroversial calendar. 3 SENATOR KLEIN: Mr. President, 4 can we please stand at ease while we await a 5 message from the Assembly. 6 ACTING PRESIDENT BRESLIN: The 7 Senate will stand at ease pending a message 8 from the Assembly. 9 (Whereupon, the Senate stood at 10 ease at 3:56 p.m.) 11 ACTING PRESIDENT BRESLIN: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 believe Senator Skelos has an announcement 15 about the conference. 16 ACTING PRESIDENT BRESLIN: That 17 would be Senator Libous. 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, 20 there will be an immediate Republican 21 conference now. 22 ACTING PRESIDENT BRESLIN: There 23 will be an immediate Republican conference 24 now. 25 (Whereupon, the Senate reconvened

Candyco Transcription Service, Inc. 1 at 5:12 p.m.) 2 ACTING PRESIDENT BRESLIN: 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 can we return to the order of messages from 6 the Assembly. 7 ACTING PRESIDENT BRESLIN: 8 Returning to the order of messages from the 9 Assembly. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, is 12 there a message regarding Assembly Bill Number 13 9544, which was previously passed by both 14 houses, vetoed by the Governor, and overridden 15 by the Assembly? 16 ACTING PRESIDENT BRESLIN: 17 Senator Klein, the chair hands down a message 18 from the Assembly. 19 The Secretary will read. 20 THE SECRETARY: Assembly Print 21 9544, by Member of the Assembly Silver, an act 22 to amend the Executive Law. 23 ACTING PRESIDENT BRESLIN: 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 now move to override the Governor's veto of 2 Assembly Bill Number 9544. 3 ACTING PRESIDENT BRESLIN: The 4 Secretary will read the title of the bill. 5 THE SECRETARY: Calendar Number 6 18, by Member of the Assembly Silver, Assembly 7 Print Number 9544, Veto Number 1, an act to 8 amend the Executive Law. 9 ACTING PRESIDENT BRESLIN: The 10 bill is before the house. 11 Senators, I put the question before 12 you: Ought the same become a law 13 notwithstanding the veto of the Governor? 14 The Secretary will read the last 15 section. 16 SENATOR LIBOUS: Excuse me, 17 Mr. President, point of order. 18 ACTING PRESIDENT BRESLIN: 19 Senator Libous. 20 SENATOR LIBOUS: Could you 21 clarify the way the resolution is written? A 22 no vote means what, and a yes vote means what? 23 ACTING PRESIDENT BRESLIN: A yes 24 vote will override the Governor's vote, if 25 successful, thus making the bill a law.

Candyco Transcription Service, Inc. 1 If you vote nay, you uphold the 2 Governor's veto. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 ACTING PRESIDENT BRESLIN: The 6 Secretary will read the last section. 7 Would you like that repeated? 8 SENATOR FUSCHILLO: Yes. 9 ACTING PRESIDENT BRESLIN: To 10 repeat, a vote to override the Governor's 11 veto, an aye vote, if it is successful, it 12 will become law. 13 If you vote no or nay, you uphold 14 the Governor's veto, if successful. 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: Point of 17 order. 18 Can you read the actual resolution? 19 Because I heard it differently. 20 ACTING PRESIDENT BRESLIN: I put 21 the question before you: Ought the same 22 become a law notwithstanding the veto of the 23 Governor? 24 SENATOR DeFRANCISCO: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 37. This 4 act shall take effect July 31 -- 5 SENATOR LIBOUS: Excuse me. 6 ACTING PRESIDENT BRESLIN: 7 Senator Libous. 8 SENATOR LIBOUS: Is it not 9 customary to ring the bell? 10 ACTING PRESIDENT BRESLIN: We 11 will be more than happy to ring the bell. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 ACTING PRESIDENT BRESLIN: The 15 Secretary will ring the bell. 16 Call the roll. 17 Senator Johnson, why do you rise? 18 SENATOR CRAIG JOHNSON: I request 19 a slow roll call for this vote, Mr. President. 20 (A majority of Senators rise.) 21 (Laughter.) 22 ACTING PRESIDENT BRESLIN: The 23 chair recognizes that more than five members 24 have risen, and a slow roll call will now take 25 place.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Adams. 2 SENATOR ADAMS: I'm going to be 3 open about it. Aye. 4 THE SECRETARY: Senator Addabbo. 5 SENATOR ADDABBO: Yes. 6 THE SECRETARY: Senator Alesi. 7 SENATOR ALESI: No. 8 THE SECRETARY: Senator 9 Aubertine. 10 SENATOR AUBERTINE: Aye. 11 THE SECRETARY: Senator Bonacic. 12 SENATOR BONACIC: No. 13 THE SECRETARY: Senator Breslin. 14 ACTING PRESIDENT BRESLIN: Aye. 15 THE SECRETARY: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: No. But 18 can I explain my vote? 19 ACTING PRESIDENT BRESLIN: 20 Senator DeFrancisco, to explain his vote. 21 SENATOR DeFRANCISCO: We had made 22 several attempts to amend the prior 23 legislation that were not accepted. I think 24 for that reason alone, the bill should not 25 become law.

Candyco Transcription Service, Inc. 1 For that reason, I vote no. 2 ACTING PRESIDENT BRESLIN: 3 Senator DeFrancisco will be recorded in the 4 negative. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Senator Diaz. 8 ACTING PRESIDENT BRESLIN: 9 Senator Diaz, to explain his vote. 10 SENATOR DIAZ: Thank you. 11 I believe that not until we get a 12 bill that forces lawyers and everyone to 13 declare everything, we will not have ethics. 14 So the Governor is right in vetoing this bill, 15 forcing to us come up with a bill where 16 everybody, everyone -- to exclude lawyers 17 ministers, and doctors from declaring all 18 their clients is wrong. So I'm voting no. 19 ACTING PRESIDENT BRESLIN: 20 Senator Diaz will be recorded in the negative. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Senator Dilan. 24 SENATOR DILAN: Yes. 25 THE SECRETARY: Senator Duane.

Candyco Transcription Service, Inc. 1 SENATOR DUANE: Yes. 2 THE SECRETARY: Senator Espada. 3 SENATOR ESPADA: Yes. 4 THE SECRETARY: Senator Farley. 5 SENATOR FARLEY: Yes. 6 THE SECRETARY: Senator Flanagan. 7 SENATOR FLANAGAN: No. 8 THE SECRETARY: Senator Foley. 9 SENATOR FOLEY: Aye. 10 THE SECRETARY: Senator 11 Fuschillo. 12 SENATOR FUSCHILLO: No. 13 THE SECRETARY: Senator Golden. 14 SENATOR GOLDEN: No. 15 THE SECRETARY: Senator Griffo. 16 SENATOR GRIFFO: No. 17 THE SECRETARY: Senator Hannon. 18 SENATOR HANNON: No. 19 THE SECRETARY: Senator 20 Hassell-Thompson. 21 SENATOR HASSELL-THOMPSON: Yes. 22 THE SECRETARY: Senator Huntley. 23 SENATOR HUNTLEY: Yes. 24 THE SECRETARY: Senator C. 25 Johnson.

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: Yes. 2 THE SECRETARY: Senator O. 3 Johnson. 4 SENATOR OWEN JOHNSON: No. 5 THE SECRETARY: Senator Klein. 6 SENATOR KLEIN: Yes. 7 THE SECRETARY: Senator 8 L. Krueger. 9 ACTING PRESIDENT BRESLIN: 10 Senator Krueger, to explain her vote. 11 SENATOR LIZ KRUEGER: Thank you. 12 I agree with Senator Diaz; I want 13 us to go further. I think we will go further. 14 And I know that passing this bill by 15 overriding the Governor's veto is the right 16 step to get us there. 17 I vote aye. 18 ACTING PRESIDENT BRESLIN: 19 Senator Krueger will be recorded in the 20 affirmative. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Senator C. 24 Kruger. 25 SENATOR CARL KRUGER: Yes.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Lanza. 2 SENATOR LANZA: No. 3 THE SECRETARY: Senator Larkin. 4 SENATOR LARKIN: No. 5 THE SECRETARY: Senator LaValle. 6 SENATOR LaVALLE: No. 7 THE SECRETARY: Senator Leibell. 8 SENATOR LEIBELL: No. 9 THE SECRETARY: Senator Libous. 10 SENATOR LIBOUS: To explain my 11 vote, Mr. President. 12 ACTING PRESIDENT BRESLIN: 13 Senator Libous, to explain his vote. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. 16 I'm very disturbed today because 17 the Governor vetoed this last week. He 18 offered to set up five-way discussions with 19 all the parties involved to make an ethics 20 bill that was voted on by this house -- I 21 believe unanimously -- an even better and 22 tougher bill, one that goes further when it 23 comes to financial disclosure, something that 24 has been in the press every day, an issue that 25 has riddled the Capitol and has many, many

Candyco Transcription Service, Inc. 1 people concerned. 2 I know my constituents, where they 3 want a tougher ethics bill, they want a 4 tougher one than this. They want income 5 disclosed. They want to know who we're doing 6 business with. They want to know who's coming 7 into the offices to meet. 8 I think this is very disrespectful 9 to the Governor, who has given us a week. And 10 immediately the Assembly, to show their 11 political muscle, they put it on the floor 12 with no discussion. And yes, they passed an 13 amendment. Well, that amendment doesn't go 14 far enough either, because there's no 15 financial disclosure in that amendment. 16 Mr. President, I'm very upset with 17 the way this procedure is taking place. This 18 is something that should be discussed more 19 openly and more publicly, and it must go much, 20 much further before the public ever accepts 21 the accountability that's not in this bill. 22 I vote no. 23 ACTING PRESIDENT BRESLIN: 24 Senator Libous will be recorded in the 25 negative.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Senator Little. 4 SENATOR LITTLE: No. 5 THE SECRETARY: Senator 6 Marcellino. 7 SENATOR MARCELLINO: No. 8 THE SECRETARY: Senator Maziarz. 9 SENATOR MAZIARZ: No. 10 THE SECRETARY: Senator McDonald. 11 SENATOR McDONALD: Yes. 12 THE SECRETARY: Senator 13 Monserrate. 14 SENATOR MONSERRATE: Yes. 15 THE SECRETARY: Senator 16 Montgomery. 17 SENATOR MONTGOMERY: To explain 18 my vote, Mr. President. 19 ACTING PRESIDENT BRESLIN: 20 Senator Montgomery, to explain her vote. 21 SENATOR MONTGOMERY: Yes, 22 Mr. President, we all did vote last week for 23 the bill that is before us. The Governor 24 vetoed it. But we all came together, for 25 once, I thought, which was very good, to come

Candyco Transcription Service, Inc. 1 to an agreement on the beginning of the 2 process of improving ethics in our State 3 Legislature. 4 And I'm very happy that Senator 5 Libous is now so adamantly in support of the 6 Governor's proposal. And certainly we all 7 wool like to see some of the Governor's 8 proposal come to fruition, but that's not what 9 we're voting for now. 10 And notwithstanding Senator 11 Libous's outstanding support of Governor David 12 Paterson, I vote to override this veto. 13 ACTING PRESIDENT BRESLIN: 14 Senator Montgomery will be recorded in the 15 affirmative. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Senator Morahan, 19 excused. 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: No. 22 THE SECRETARY: Senator Onorato. 23 SENATOR ONORATO: Aye. 24 THE SECRETARY: Senator 25 Oppenheimer.

Candyco Transcription Service, Inc. 1 SENATOR OPPENHEIMER: To explain 2 my vote, please. 3 ACTING PRESIDENT BRESLIN: 4 Senator Oppenheimer, to explain her vote. 5 SENATOR OPPENHEIMER: I'm voting 6 to override the veto, because I don't think 7 anybody in this chamber believes that this is 8 the best piece of legislation we've ever 9 written. We all see that it is a limited 10 piece of legislation. It is a beginning. It 11 does not touch on things that are of great 12 importance to me, and I know to many others, 13 concerning campaign finance reform, concerning 14 redistricting reform. 15 But this is the best question we 16 could do right now. And it's a first step. 17 And I applaud those of you who are going to 18 support this first step. 19 Thanks. 20 ACTING PRESIDENT BRESLIN: 21 Senator Oppenheimer will be recorded in the 22 affirmative. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Senator Padavan.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: Yes. 2 THE SECRETARY: Senator Parker. 3 SENATOR PARKER: Aye. 4 THE SECRETARY: Senator Perkins. 5 ACTING PRESIDENT BRESLIN: 6 Senator Perkins, to explain his vote. 7 SENATOR PERKINS: 8 Yeah, I'm going to once again vote 9 yes. However, I just want to make sure that, 10 you know, that doesn't mean that I'm fully 11 happy with what we have before us. You know, 12 the concerns about lawyer disclosure are 13 significant to me because I think we need to 14 move forward to make sure that everybody is 15 treated equally in order to convince the 16 public that we're really trying to do the 17 right thing. 18 So I'm going to support the 19 override, but with an emphasis on the need for 20 us to make sure that there's one standard for 21 all. And lawyer disclosure is a very, very 22 significant concern of mine. 23 ACTING PRESIDENT BRESLIN: 24 Senator Perkins will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Senator 4 Ranzenhofer. 5 SENATOR RANZENHOFER: No. 6 THE SECRETARY: Senator Robach. 7 SENATOR ROBACH: Yes. 8 THE SECRETARY: Senator Saland. 9 SENATOR SALAND: To explain my 10 vote. 11 ACTING PRESIDENT BRESLIN: 12 Senator Saland, to explain his vote. 13 SENATOR SALAND: Mr. President, 14 during the course of the debate on this bill 15 when the bill itself was before us, there were 16 any number of comments to the effect that this 17 bill was at best baby steps, that there were a 18 host of shortcomings. There were amendments 19 that were offered by this side of the aisle, 20 amendments that were offered by way of equity. 21 We all acknowledged that we could do better. 22 And in fact the Governor's veto has 23 afforded us the opportunity to do that, to do 24 it in a fashion that's bipartisan, do it in a 25 fashion includes people from both sides of the

Candyco Transcription Service, Inc. 1 aisle, both houses, as well as the executive, 2 and to come up with a product that vastly 3 exceeds the product that we are now in the 4 process of sustaining a gubernatorial override 5 on. 6 And I would certainly hope that 7 when the dust settles, the same zeal that 8 presented itself when we dealt with the 9 original bill -- notwithstanding the 10 reluctance based on some of its 11 shortcomings -- will address itself to dealing 12 with the issue in the form of a five-way -- 13 both sides of the aisle, both houses, and the 14 Governor -- coming up with something that the 15 people of the State of New York can be proud 16 of. 17 We shouldn't accept the minimalist 18 position that was the only game in town when 19 we were asked to vote on it. We can do 20 better, we will do better, and we can do it in 21 a bipartisan fashion. 22 Thank you, Mr. President. I vote 23 in the negative. 24 ACTING PRESIDENT BRESLIN: 25 Senator Saland will be recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: Senator Sampson. 5 SENATOR SAMPSON: Yes. 6 THE SECRETARY: Senator Savino. 7 SENATOR SAVINO: Yes. 8 THE SECRETARY: Senator 9 Schneiderman. 10 ACTING PRESIDENT BRESLIN: 11 Senator Schneiderman, to explain his vote. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 I will be voting yes in support of 15 the override. This is my bill, after all. 16 And I have to say that I'm disappointed that 17 we can't lock into law, that we can't in fact 18 pass and have enacted into law the changes 19 that this bill would make. Because everyone 20 concedes -- including the Governor, who I've 21 spoken to about this quite a few times -- that 22 everything in this bill is a positive step. 23 If you vote against this bill, if 24 you're voting against this override, you're 25 voting against a bill that would require for

Candyco Transcription Service, Inc. 1 the first time the reporting of independent 2 expenditures. You're voting against a bill 3 that would stop them from redacting our income 4 categories, so the public can see how much we 5 make. You're voting against a bill that for 6 the first time would require that any lobbyist 7 or client of a lobbyist that pays money to one 8 of us has to disclose that. 9 You're voting against a lot of good 10 stuff. And everyone concedes these are all 11 positive steps. 12 And you're voting against it, even 13 though on January 20th every one of you voted 14 for it, because you say it doesn't far enough 15 and we should have negotiations. Well, I'm 16 for negotiations. I'm ready to negotiate. 17 Senator Libous said we should have 18 five-ways and that there's been an effort to 19 get five-ways. If there's been an effort to 20 get five-ways, no one ever told anyone over 21 here. So let's clarify that right now. I'm 22 the sponsor of the bill. There's no five-way 23 been called. 24 We can go into negotiations now. 25 But we are going in, if you refuse to help us

Candyco Transcription Service, Inc. 1 override, without locking in this first 2 positive step, without showing everyone we can 3 get this done, without making a statement that 4 the days of gridlock are over. 5 Ladies and gentlemen, I have a lot 6 of affection and regard for many of my 7 colleagues on the other side of the aisle. 8 But you were in charge for decades and you 9 never took any of these steps towards 10 improving ethics or the campaign finance laws 11 in this state. You never made any of these 12 efforts. 13 I'm glad you're now willing to go 14 further. I would like to go further. Every 15 time we moved any of these provisions to the 16 floor or attempted to bring them to the floor 17 by a motion, you bloc-voted against them. 18 We're now in the majority, and instead of just 19 bloc-voting down every reform, we are actually 20 moving things. 21 I think it's a shame not to lock in 22 these changes and then go forward. If you 23 want to deal with lawyer disclosure, I sponsor 24 a bill, Senate 6794 -- please sign on -- that 25 requires lawyer disclosure.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator -- Senator, how do you vote? 3 SENATOR SCHNEIDERMAN: I was just 4 leading up to that, Mr. President. 5 We can do better. We will do 6 better. But the right way to approach this is 7 not to make the perfect the enemy of the 8 possible. We should override and then we 9 should go into five-ways. 10 And whenever a five-way is called, 11 Senator Libous, I am there. Still waiting for 12 the Governor's call. 13 Thank you, Mr. President. 14 ACTING PRESIDENT BRESLIN: 15 Senator Schneiderman will be recorded in the 16 affirmative. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Senator Serrano. 20 SENATOR SERRANO: Yes. 21 THE SECRETARY: Senator Seward. 22 SENATOR SEWARD: To explain my 23 vote. 24 ACTING PRESIDENT BRESLIN: 25 Senator Seward, to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR SEWARD: Yes, 2 Mr. President, I will be voting no to override 3 the Governor's veto. But I feel in doing so 4 I'm voting yes for a better and stronger 5 ethics law in the State of New York. 6 And I would disagree with those who 7 would say that, well, this is the best that we 8 can do at this particular time. Because the 9 Governor has in fact indicated his willingness 10 to reopen discussions in a bipartisan way so 11 that we can get to a better and stronger 12 ethics bill soon. 13 And I would further disagree with 14 Senator Schneiderman and say that nothing has 15 been done in the past. Many of us were here 16 and voted for the original financial 17 disclosure law a number of years ago, and 18 there have been improvements along the way. 19 So I'm voting no, Mr. President, to 20 override the Governor's veto. But I feel in 21 doing so I am voting yes for a better and 22 stronger ethics bill in the very near future. 23 ACTING PRESIDENT BRESLIN: 24 Senator Seward will be voting yes and no. 25 (Laughter.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Or no, 2 excuse me, Senator Seward will be recorded in 3 the negative. 4 SENATOR SEWARD: Correct. 5 ACTING PRESIDENT BRESLIN: The 6 Secretary will continue to read. 7 THE SECRETARY: Senator Skelos. 8 SENATOR SKELOS: Mr. President. 9 ACTING PRESIDENT BRESLIN: 10 Senator Skelos, to explain his vote. 11 SENATOR SKELOS: Mr. President, 12 in these days of high ethics and morality, I 13 have to comment on this legislation and why 14 I'm going to vote to sustain the Governor's 15 veto. 16 When this bill first came to the 17 floor for a vote, a number of amendments were 18 put up by the Senate Republicans which we 19 believe would have greatly improved the 20 legislation. Those amendments were defeated 21 by the Democrats as they went lockstep with 22 each other. 23 The people of this state are 24 looking for openness, transparency, and 25 greater accountability, more bipartisanship

Candyco Transcription Service, Inc. 1 and disclosure. Last year's budget, which was 2 negotiated behind closed doors, which 3 increased taxes by $11 billion -- payroll 4 taxes, license plate taxes, et cetera -- and 5 spending increases by about $13 billion, we 6 were told and the public was told that you 7 didn't need Republicans in the room because 8 ethic is controlled by Democrats in New York 9 State. And we saw the disaster, economic 10 disaster of that approach. 11 What's happening today with the 12 attempt to override the Governor's veto, 13 now -- one of the individuals that was in the 14 room -- it's been decided by the two 15 legislative branches that they're not happy 16 with him, that he's hurting politically, so 17 they're going to just give it to him a little 18 bit more. Rather than sitting down with him 19 and showing him the respect as Governor -- it 20 could have been this afternoon, could have 21 been tomorrow -- showing him the respect as 22 Governor to sit down and at least afford him 23 the opportunity to present his point of view 24 in legislation and sit down with the four 25 leaders, staff, and really discuss the

Candyco Transcription Service, Inc. 1 legislation to see if a compromise could be 2 achieved. 3 Now, just about every newspaper in 4 the state has weighed in against overriding 5 the Governor's veto. The Daily News said 6 legislators should come up with something 7 better. The New York Times, which I know many 8 of my good Democrat friends from Manhattan 9 just do whatever it says -- they wake up with 10 it, they go to sleep with it, they walk with 11 it, they just follow that blindly -- 12 ACTING PRESIDENT BRESLIN: 13 Senator Skelos, how do you vote? 14 SENATOR SKELOS: Excuse me? 15 ACTING PRESIDENT BRESLIN: How do 16 you vote? 17 SENATOR SKELOS: Yeah, I'm just 18 finishing my statement. I think, Mr. 19 President, a number of people went over the 20 two minutes. And this is an important piece 21 of legislation, if I could comment. 22 ACTING PRESIDENT BRESLIN: 23 There's been one who person who we identified 24 going over, and you're the second. So we'll 25 let you finish.

Candyco Transcription Service, Inc. 1 SENATOR SKELOS: Thank you for 2 the courtesy. 3 I'll go through them. Syracuse 4 Post-Standard, Rochester Democrat & Chronicle, 5 Albany Times Union, New York Post, Buffalo 6 News all said that it should not overridden 7 and that we should sit down in a bipartisan 8 way and make it a stronger bill. 9 Many of them have called for 10 specific improvements. For example, allowing 11 the attorney general to be the chief 12 enforcement officer. Good government groups 13 such as Common Cause have said it could be 14 improved. And the New York City Bar 15 Association has also called for more 16 disclosure by attorneys, basically saying that 17 attorneys shouldn't be treated as a privileged 18 class when it comes to disclosure. 19 So if the veto is sustained, I 20 would hope that we can start negotiating five 21 ways, in a bipartisan way, and really improve 22 this legislation, because so many -- so many 23 questions have been raised. Enforcement -- 24 ACTING PRESIDENT BRESLIN: 25 Senator Skelos.

Candyco Transcription Service, Inc. 1 SENATOR SKELOS: -- in the Board 2 of Elections, left to the Democrats. Not the 3 way to go. That's not bipartisanship. 4 ACTING PRESIDENT BRESLIN: 5 Senator Skelos, how do you vote? 6 SENATOR SKELOS: So I thank you, 7 Mr. President, again for the courtesy of 8 allowing me to extend my comments a little 9 longer than they should be, and I will be 10 voting to sustain the Governor's veto. 11 ACTING PRESIDENT BRESLIN: 12 Senator Skelos will be recorded in the 13 negative. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Senator Smith. 17 SENATOR SMITH: Thank you very 18 much, Mr. President. 19 ACTING PRESIDENT BRESLIN: 20 Senator Smith, to explain his vote. 21 SENATOR SMITH: Yes, 22 Mr. President, just very briefly. 23 While I understand the 24 consternation that the minority has on this 25 day, it is obvious from reading many

Candyco Transcription Service, Inc. 1 editorials that the people of the State of 2 New York want us to do something. When they 3 talk about dysfunction, dysfunction is 4 relative to not completing a task or not 5 showing the effort to complete a task or not 6 having the will to do so. 7 Senator Schneiderman, Senator 8 Sampson and our colleagues here have worked 9 hard -- Senator Squadron. And while more 10 needs to be done, at the end of the day the 11 fact that we have a number of initiatives 12 within this ethics bill that will tell the 13 public that we are clear about their feelings 14 about how this chamber is run, this is a day 15 that I believe the override is in order. 16 Can we talk later with the Governor 17 and the other side of the aisle? Absolutely. 18 It has been done for years where you will make 19 one step to make two steps. 20 So I'm going to be voting aye, 21 Mr. President. And I would hope that there is 22 at least one or two members on the other side 23 of the aisle, our friends, who understand that 24 this is not about show, this is about getting 25 something done.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT BRESLIN: 3 Senator Smith will be recorded in the 4 affirmative. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: Senator Squadron. 8 ACTING PRESIDENT BRESLIN: 9 Senator Squadron, to explain his vote. 10 SENATOR SQUADRON: Thank you, 11 Mr. President. 12 I rise today in support of the 13 override of the Governor's veto. As has been 14 pointed out, this bill is far from perfect. 15 But it is also the farthest that Albany has 16 ever gone. And that's why I hope -- almost 17 every member in this room voted for it just a 18 couple of weeks ago. Hopefully that wasn't 19 just to talk about it, hopefully it wasn't 20 just to get one good headline. Hopefully it 21 was because you believe as I do that this is 22 actually about fundamentally how we function, 23 which leads to our ability to make a 24 difference in a state that desperately needs 25 us right now.

Candyco Transcription Service, Inc. 1 And let's be very clear, there's a 2 lot more to do. We need to be negotiating and 3 working to do more immediately, without a 4 doubt. But a vote against the override is a 5 vote for the status quo. It is a vote for the 6 weakest ethics oversight, campaign finance 7 oversight in the nation. 8 And I don't think that's good 9 enough. It's certainly not the way that we're 10 going to rise out of the old Albany tradition 11 of failing to do important things, and it's 12 not the way that we're going to recreate 13 people's faith in our state government. 14 So I'll be disappointed if it 15 doesn't pass today. Hopefully we'll get a 16 chance again in this term. And I will vote 17 yes. 18 Thank you, Mr. President. 19 ACTING PRESIDENT BRESLIN: 20 Senator Squadron will be recorded in the 21 affirmative. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Senator 25 Stachowski.

Candyco Transcription Service, Inc. 1 SENATOR STACHOWSKI: Yes. 2 THE SECRETARY: Senator Stavisky. 3 ACTING PRESIDENT BRESLIN: 4 Senator Stavisky, to explain her vote. 5 SENATOR STAVISKY: Yes, thank 6 you, Mr. President. 7 I notice that the other side that 8 brought up the issue of the amendments. What 9 I find amazing is that these amendments were 10 not brought up last year or the year before or 11 even the year before that. 12 In fact, as people have noticed, 13 progress is often incremental. A long journey 14 begins with a single step. And we have, I 15 believe, had more progress in the last 16 12 months than has existed in the last 17 12 years. 18 I am not totally satisfied with 19 this bill, but I don't think anybody is. But 20 that's not a reason not to enact it. That is 21 not a reason not to override the Governor's 22 veto. 23 I vote aye. 24 ACTING PRESIDENT BRESLIN: 25 Senator Stavisky will be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: Senator 5 Stewart-Cousins. 6 SENATOR STEWART-COUSINS: Yes. 7 THE SECRETARY: Senator Thompson. 8 SENATOR THOMPSON: To explain my 9 vote. 10 ACTING PRESIDENT BRESLIN: 11 Senator Thompson, to explain his vote. 12 SENATOR THOMPSON: Yes, I think 13 that it's unfortunate today that we are not 14 going to have the votes to override the 15 Governor. I think it's unfortunate. 16 But I do want to just state for the 17 record that since last year, this side of the 18 aisle, with the help of votes on the other 19 side of the aisle -- in some respects they 20 have, and in some respects they have not -- 21 helped pass a number of other reforms. And 22 hopefully before this session is over this 23 year, we will pass ethics reforms. 24 One of the things that was very 25 important that this side of the aisle has been

Candyco Transcription Service, Inc. 1 concerned about was mortgage foreclosure 2 reform. The reform for the birth delivery 3 rights for incarcerated women, I think it was 4 the Unshackled bill that Senator Montgomery 5 sponsored last year. I didn't necessarily 6 agree with this bill, I thought we could have 7 done with it more transparency, but there was 8 pension reform that was passed last year as 9 well. 10 Something that many people wanted 11 to see for a number of years was Rockefeller 12 Drug Law reform. I thought it could have been 13 a little stronger, but I think it was a good 14 bill and it helped many people. 15 So in the area of trying to help 16 fix Albany, I think we made some progress. We 17 still have a long way to go. And I hope that 18 by the time this year is done that we will 19 also enact more reform that we can do in a 20 bipartisan way. Thank you. 21 And I vote to support overriding 22 the Governor. 23 ACTING PRESIDENT BRESLIN: 24 Senator Thompson will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Senator Valesky. 4 SENATOR VALESKY: Yes, 5 Mr. President, to explain my vote. 6 ACTING PRESIDENT BRESLIN: 7 Senator Valesky, to explain his vote. 8 SENATOR VALESKY: I'll be 9 supporting the override of the Governor's veto 10 of this bill. 11 And just to correct what I believe 12 may have been a misstatement earlier in regard 13 to the position of some editorial boards 14 around the state, the Syracuse Post-Standard, 15 February 4th, title of the editorial: "Don't 16 let veto stand. Ethics law not perfect, but 17 it's better than the status quo." 18 I couldn't agree more. I vote yes. 19 ACTING PRESIDENT BRESLIN: 20 Senator Valesky will be recorded in the 21 affirmative. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Senator Volker. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Volker, to explain his vote. 2 SENATOR VOLKER: Mr. President, 3 I'd just like to make a comment on some of the 4 nonsense that has been spoken of in this 5 state. 6 There are some Western states have 7 no ethics and reporting statutes at all. And 8 New York has been way ahead of many of the 9 states in the union in reporting and in ethics 10 statutes. The statute that we passed here 11 some years ago, which has been in force for 12 many years where there's been reporting -- the 13 problem, by the way, is we're trying to 14 compare it, for instance, with the federal 15 legislation that is all one-sided reporting. 16 And interestingly enough, the Supreme Court 17 just threw it out. 18 I think if we're going to do a real 19 ethics and responsible piece of legislation, 20 we should all get together. Let's get 21 together and let's do it. And let's what I 22 call stop fooling around. 23 So I vote no. 24 ACTING PRESIDENT BRESLIN: 25 Senator Volker will be recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: Senator Winner. 5 ACTING PRESIDENT BRESLIN: 6 Senator Winner, to explain his vote. 7 SENATOR WINNER: Thank you, 8 Mr. President. 9 You know, a number of years ago, 10 contrary to Senator Schneiderman had 11 indicated, the Legislature did get together on 12 a bipartisan basis and pass what was then 13 heralded by Common Cause as being the 14 strongest and the most effective and the most 15 vigorous ethics legislation in the country. 16 And while things have changed over 17 the years to a certain degree, do any of you 18 really believe that in the event that this 19 veto is overridden and this becomes law that 20 Sheldon Silver will sit down and negotiate a 21 stronger ethics bill? I mean, that's 22 preposterous. 23 So if the only way you're going to 24 get him to the table and get the Assembly -- 25 which, by the way, for those of who you don't

Candyco Transcription Service, Inc. 1 know, is controlled by the Democrat Party in 2 the state, notwithstanding some people that 3 would like to forget that -- that the person 4 who is blocking any further reform in the 5 ethics arena is clearly the Speaker of the 6 Assembly. 7 And as such, you know, if you 8 sustain this veto, as we hope will happen 9 today, that will encourage negotiations on a 10 five-way basis to go forward, and you'll 11 really get something done that you are 12 purporting to say that you're really for. 13 I vote no. 14 ACTING PRESIDENT BRESLIN: 15 Senator Winner will be recorded in the 16 negative. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Senator Young. 20 SENATOR YOUNG: No. 21 ACTING PRESIDENT BRESLIN: 22 Announce the results. 23 THE SECRETARY: Ayes, 35. Nays, 24 26. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 motion to override the veto fails. 2 Senator Addabbo. 3 SENATOR ADDABBO: Mr. President, 4 I move to reconsider the vote by which the 5 override was lost. 6 ACTING PRESIDENT BRESLIN: The 7 Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 35. Nays, 11 26. 12 ACTING PRESIDENT BRESLIN: The 13 motion to reconsider the vote was successful. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 now move to table the motion. 17 ACTING PRESIDENT BRESLIN: The 18 motion is tabled. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, on 21 behalf of Senator Sampson, I hand up the 22 following leadership notice and ask that it be 23 filed in the Journal. 24 ACTING PRESIDENT BRESLIN: The 25 Secretary will file it in the Journal.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 can you please recognize Senator Libous for 3 their leadership notice. 4 ACTING PRESIDENT BRESLIN: 5 Senator Libous. 6 SENATOR LIBOUS: Thank you, 7 Mr. President. On behalf of Senator Skelos, I 8 hand up the following committee and leadership 9 changes. 10 ACTING PRESIDENT BRESLIN: To be 11 filed in the Journal. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 may we go back to the order of motions and 15 resolutions. 16 ACTING PRESIDENT BRESLIN: 17 Returning to the order of motions and 18 resolutions. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, on 21 behalf of Senator Savino, I move that the 22 following bills be discharged from their 23 respective committees and be recommitted with 24 instructions to strike the enacting clause: 25 Senate Bill 6661.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: So 2 ordered. 3 SENATOR KLEIN: Mr. President, 4 can you please recognize Senator Libous. 5 ACTING PRESIDENT BRESLIN: 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 On behalf of Senator Larkin, on 10 page 8 I offer the following amendments to 11 Calendar Number 2, Senate Print 1036, and ask 12 that said bill retain its place, please, on 13 the Third Reading Calendar. 14 ACTING PRESIDENT BRESLIN: 15 Amendments received. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 just want to make an announcement on behalf of 19 Senator Thompson. 20 We're going to postpone the planned 21 conference, Democratic conference that we're 22 planning after session today. 23 ACTING PRESIDENT BRESLIN: The 24 post-session Majority conference will be 25 postponed today.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, is 3 there any further business at the desk? 4 ACTING PRESIDENT BRESLIN: There 5 is no further business at the desk. 6 SENATOR KLEIN: There being none, 7 I move that we adjourn until Tuesday, 8 February 9th, at 3:00 p.m. 9 ACTING PRESIDENT BRESLIN: There 10 being no further business to come before the 11 Senate, on motion, the Senate stands adjourned 12 until Tuesday, February 9th, at 3:00 p.m. 13 (Whereupon, at 5:49 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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