Monday, March 22, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 22, 2010 11 3:47 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 with 5 me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: 9 Today's invocation will be provided by the 10 Rabbi Shmuel M. Butman, from the Lubavitch 11 Youth Organization in Brooklyn, New York. 12 Rabbi. 13 RABBI BUTMAN: Let us pray. 14 [In Hebrew] Our heavenly Father, 15 please bestow Your heavenly blessings on all 16 the members of the New York State Senate, for 17 themselves, for their families. Bless them 18 with good health and with happiness, with 19 fulfillment in all of their endeavors. 20 This week we are celebrating the 21 108th birthday of the Rebbe, the Lubavitcher 22 Rebbe, Rabbi Menachem M. Schneerson. And many 23 years in the past, as this year, you are -- 24 you passed in the past and you will pass this 25 year a resolution in the honor of the 108th

Candyco Transcription Service, Inc. 1 birthday of the Rebbe. The resolution calls 2 for "108 Days of Education" in honor of the 3 Rebbe. 4 When the Rebbe spoke about 5 education, he didn't only speak about 6 education of the Jewish child, he spoke 7 education of the general child, of all the 8 children of the world. In the teachings of 9 the Rebbe, the Rebbe said many times that we 10 should teach our children, all children, 11 regardless of race and religion and color and 12 creed, that there is an Eye that sees and 13 there is an Ear that hears, and that this 14 world is not a jungle. 15 And the Rebbe dedicated his life to 16 education, and he's asking for each and every 17 single one of us to continue to do that. 18 Here in the United States, in the 19 New York State Senate, you pass laws that 20 govern relationships between man and man -- 21 that a person has to be responsible for what 22 he does, that a child has to know that you 23 cannot do what you want, you only have to do 24 what is right -- through the New York State 25 Senate.

Candyco Transcription Service, Inc. 1 Those laws are then interpreted by 2 all the people in the United States of 3 America, and through the United States of 4 America. The United States of America is a 5 superpower. Those laws have an effect for all 6 the people of the world. So you who sit in 7 the New York State Senate here in Albany have 8 an effect not only on the people in Albany, 9 not only on the people in the great State of 10 New York, and not only on the people in the 11 United States of America, but indeed on the 12 people all over the world. 13 In 1991, I went to Washington and I 14 opened the United States Senate. Before I 15 went to Washington, I went to see the Rebbe, 16 and he said to me: "Take with you a 17 pushkeh" -- a pushkeh is a tzedakah box, a 18 charity box that I'm holding in my hand -- 19 "and while you are making the invocation, you 20 should put in a dollar, charity, into the 21 box," which I am doing right away. 22 And the Rebbe said, "Make sure that 23 everybody should see what you are doing, and 24 let them know what money should be spent for." 25 This was 1991.

Candyco Transcription Service, Inc. 1 In retrospect, you take a look at 2 what's happening in Washington and what money 3 has been spent for, what the Rebbe said so 4 many years ago, that there is a message that 5 we should know what we should spend money on, 6 that this is a matter of charity. We do a 7 good deed, we try to help another human being. 8 Every Saturday, every Shabbos, 9 every Sabbath in our synagogues we say a 10 special prayer for each and every single one 11 of you. We say the [in Hebrew], which means 12 "All of those who serve the public faithfully, 13 we ask Almighty God for His special blessing." 14 So in our synagogues not only in 15 the State of New York, but all over the world, 16 we ask for a special blessing for you who 17 serve the public, that Almighty God should 18 keep you, that Almighty God should watch over 19 you and your families, and He should grant you 20 good health, long life, happiness and 21 fulfillment in everything that you do, in your 22 personal lives and in your communal affairs. 23 And let us all say amen. 24 (The assemblage said "Amen.") 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Rabbi. 2 The reading of the Journal. 3 The Secretary will read. 4 THE SECRETARY: In Senate, 5 Sunday, March 21, the Senate met pursuant to 6 adjournment. The Journal of Saturday, 7 March 20, was read and approved. On motion, 8 Senate adjourned. 9 ACTING PRESIDENT BRESLIN: 10 Without objection, the Journal stands approved 11 as read. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 Reports of select committees. 17 Communications and reports from 18 state officers. 19 Motions and resolutions. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a resolution at the desk by 23 Senator Sampson. I ask that the resolution be 24 read in its entirety and move for its 25 immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Klein, has this resolution been deemed 3 privileged and submitted by the office of the 4 Temporary President? 5 SENATOR KLEIN: Yes, it has, 6 Mr. President. 7 ACTING PRESIDENT BRESLIN: The 8 Secretary will then read. 9 THE SECRETARY: By Senator 10 Sampson, legislative resolution commemorating 11 the anniversary celebration of the birthday of 12 the revered Lubavitcher Rebbe, Rabbi Menachem 13 M. Schneerson, upon the occasion of a memorial 14 reception to be held in the New York State 15 Capitol on March 22, 2010. 16 "WHEREAS, The true architects of 17 society and community are those individuals 18 whose faith and unremitting commitments serve 19 to sustain the spiritual and cultural values 20 of life. The Lubavitcher Rebbe, Rabbi 21 Menachem M. Schneerson, was surely such an 22 individual; and 23 "WHEREAS, World Jewry will honor 24 its immortal leader, Rabbi Menachem M. 25 Schneerson, the Lubavitcher Rebbe, upon the

Candyco Transcription Service, Inc. 1 occasion of the anniversary of his birthday, 2 with '108 days of education,' in fitting 3 tribute to this esteemed spiritual leader; and 4 "WHEREAS, The Lubavitcher Rebbe, 5 over his 44 years of dedicated leadership, 6 established over 1,500 Lubavitch Centers, 7 helping people of all walks of life throughout 8 the world, from Australia to Africa, from 9 Holland to Argentina, and from Moscow to 10 Jerusalem; and 11 "WHEREAS, Rabbi Schneerson's 12 educational activities throughout the globe 13 have enriched and strengthened the religious, 14 educational, cultural, moral and ethical 15 fibers of all citizens of the world; and 16 "WHEREAS, The Rebbe proclaimed that 17 the time of Redemption has arrived and 18 Moshiach is on his way; and 19 "WHEREAS, The Lubavitcher Rebbe 20 called upon all citizens of the world to 21 prepare for the Great Redemption with a 22 personal commitment to increase charity and 23 good deeds; and 24 "WHEREAS, A memorial reception will 25 be held at the New York State Capitol on

Candyco Transcription Service, Inc. 1 Monday, March 22, 2010, in tribute and 2 remembrance of Rabbi Schneerson, the leading 3 rabbi of his generation; and 4 "WHEREAS, This year, Friday, 5 March 26, 2010, corresponding to 11 Nissan, 6 5770, the Rebbe's birthday, to Sunday, 7 July 11, 2010, corresponding to 29 Tammuz, 8 5770, will be celebrated as '108 Days of 9 Education,' in tribute to the educational 10 endeavors of this visionary leader and learned 11 gentleman on behalf of all mankind; and 12 "WHEREAS, Throughout his purposeful 13 journey of life, Rabbi Schneerson compiled, 14 with dignity and grace, decades filled with 15 philanthropic causes, humanitarian effort and 16 astute Judaic leadership, justly earning the 17 devotion of his followers and the admiration 18 and respect of his fellow man; now, therefore, 19 be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to commemorate 22 the traditional observance of the anniversary 23 of the birthday of the Lubavitcher Rebbe, 24 Rabbi Menachem M. Schneerson, upon the 25 occasion of a memorial reception to be held in

Candyco Transcription Service, Inc. 1 the New York State Capitol on March 22, 2010, 2 and to recognize March 26, 2010, to July 11, 3 2010, as '108 Days of Education,' in tribute 4 to the educational endeavors of the beloved 5 Rebbe; and be it further 6 "RESOLVED, That a copy of this 7 resolution, suitably engrossed, be transmitted 8 to Rabbi Shmuel M. Butman, director of the 9 Lubavitch Youth Organization." 10 ACTING PRESIDENT BRESLIN: The 11 question is on the resolution. All those in 12 favor please signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT BRESLIN: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT BRESLIN: The 18 resolution is adopted. 19 Senator Sampson has requested that 20 everyone in the chamber will be put on for 21 cosponsorship unless you notify the desk 22 otherwise. 23 Thank you, Rabbi. 24 RABBI BUTMAN: Thank you very, 25 very much. Thank you. Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe there's a resolution at the desk by 5 Senator DeFrancisco. I ask that the title of 6 the resolution be read and move for its 7 immediate adoption and allow Senator 8 DeFrancisco to speak on said resolution. 9 ACTING PRESIDENT BRESLIN: 10 Senator Klein, has this resolution been deemed 11 privileged and submitted by the office of the 12 Temporary President? 13 SENATOR KLEIN: Yes, it has, 14 Mr. President. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Klein. 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: Thank you, 19 Mr. President. Again, we're rising to 20 acknowledge a championship football team -- 21 ACTING PRESIDENT BRESLIN: Excuse 22 me, Senator DeFrancisco. Just one moment. 23 The Secretary will first read the 24 title of the resolution. 25 SENATOR DeFRANCISCO: Oh, okay.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 DeFrancisco, legislative resolution 3 congratulating the Westhill Football Team and 4 Coach Gary Griffo upon the occasion of 5 capturing the 2009 Class B Section III and the 6 Class B Regional Championships. 7 ACTING PRESIDENT BRESLIN: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Thank you, 10 Mr. President. 11 Again, we're here to acknowledge 12 the success of a Central New York championship 13 team. And I met all of these young men on a 14 prior occasion, and today we had lunch 15 together. 16 And what's very wonderful about 17 this particular group, it's not only their 18 success on the football field, with an 19 11-and-1 record -- and by the way, some of the 20 players are on the basketball team which this 21 weekend won the state championship. So 22 there's a few good athletes in the 49th Senate 23 District. 24 And those athletes don't come -- 25 some are born to be good athletes, but to

Candyco Transcription Service, Inc. 1 become a great team, you need team spirit and 2 a team philosophy. And that's exactly why 3 they're here. 4 But one thing I want to read you 5 about the resolution, very, very briefly. Not 6 only did the team win this championship, but 7 they received the New York State Scholar 8 Athlete Team Award. Not an individual award 9 for various people who do well in academics, 10 but the team award. And that is just as 11 important, I believe, academically as the 12 athletic award is for these championships that 13 they have won. 14 So I want to thank them for coming, 15 congratulate them on their success, and wish 16 all of them the success that I know they're 17 going to achieve in the rest of their lives 18 through the same hard work and dedication that 19 they've shown up to this point in their lives. 20 And I know you ran into Senator 21 Maziarz, some of you did, on the elevator. He 22 said something about North Tonawanda. I'm not 23 so sure where it is, either. 24 (Laughter.) 25 SENATOR DeFRANCISCO: They don't

Candyco Transcription Service, Inc. 1 come here very often to be awarded anything. 2 But Westhill and all the great teams in 3 Central New York are here often. 4 Thank you, Mr. President. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator DeFrancisco. 7 Senator Maziarz. 8 SENATOR MAZIARZ: Thank you, 9 Mr. President. 10 I too want to join my colleague 11 Senator DeFrancisco in congratulating this, 12 the second football team, the second 13 championship team we've had here. The first, 14 of course, was from North Tonawanda, which is 15 God's country, Senator DeFrancisco. 16 Thank you. 17 (Laughter.) 18 ACTING PRESIDENT BRESLIN: Thank 19 you, Senator Maziarz. 20 The question is on the resolution. 21 All those in favor please signify by saying 22 aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT BRESLIN: 25 Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT BRESLIN: The 3 resolution is adopted. 4 Congratulations to the Westhill 5 Football Team. 6 (Applause.) 7 ACTING PRESIDENT BRESLIN: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a resolution at the desk by 11 Senator Sampson. I ask that the title of the 12 resolution be read and move for its immediate 13 adoption. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted by the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Mr. President. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Sampson, Senate Resolution adopting a budget 24 resolution proposing amendments to the 25 2010-2011 Executive Budget submission

Candyco Transcription Service, Inc. 1 (Legislative Bills Senate 6600A, 6601, 6602, 2 6603A, 6604A, 6605A, 6606A, 6607A, 6608A, 3 6609A, 6610A, 6611A, 6612A, 6613A, 6614A, and 4 Senate Print 6615A). 5 SENATOR LIBOUS: Mr. President, 6 could I ask that this resolution be laid aside 7 for discussion, please. 8 ACTING PRESIDENT BRESLIN: The 9 resolution is laid aside. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time can we please move to a 13 controversial reading of the resolution. 14 ACTING PRESIDENT BRESLIN: We 15 will now move to the controversial reading of 16 the resolution. 17 The Secretary will read the title. 18 THE SECRETARY: By Senator 19 Sampson, Senate Resolution adopting a budget 20 resolution proposing amendments to the 21 2010-2011 Executive Budget submission. 22 ACTING PRESIDENT BRESLIN: 23 Senator Kruger. 24 SENATOR CARL KRUGER: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 On this budget resolution, if we 2 can just sit back and reflect for a few 3 moments, odd as it may be, this is March 22nd 4 and we have on the floor today a resolution 5 that is in balance that presents a road map 6 for this year's Executive Budget. 7 This is without a doubt one of the 8 most difficult budgets any member of this 9 chamber will have worked on in our history. 10 However, despite the daunting economic 11 challenges facing New York and our country, 12 this budget is about priorities. It is about 13 doing everything within our power to enact a 14 fair, bipartisan, and responsible budget which 15 controls spending, creates new jobs, protects 16 services, and a budget that communities can 17 rely upon. 18 This resolution is a statement of 19 New Yorkers' values. The public was more 20 involved in this process than, at least in my 21 memory, in the 16 years that I've served in 22 this chamber. Our joint budget hearings were 23 some of the most robust that ever took place, 24 and they were in the most active in our 25 history.

Candyco Transcription Service, Inc. 1 Over 13 hearings were held. We 2 collected more than 120 hours of verbal 3 testimony from more than 300 taxpayers, from 4 organizations, from advocates, and from 5 leaders from communities across our great 6 state. We received thousands upon thousands 7 of responses. We received emails and phone 8 calls. There was a give-and-take between the 9 parties. But the message was always very 10 clear, it was very succinct, and it was on the 11 point -- that they could not afford the fiscal 12 irresponsibility of the past decades. Too 13 often they were left with the bill for 14 Albany's unsustainable spending. 15 We heard them, we listened 16 carefully, we understood the message, we 17 understand the global meltdown that our world 18 is facing, that our nation has looked straight 19 at, and that our state must deal with. We 20 took that challenge, and we've embraced it. 21 And in the process of embracing it, we've 22 taken that challenge and turned it into real 23 opportunity. 24 Now we're ready to begin a 25 bipartisan process, a bipartisan process of

Candyco Transcription Service, Inc. 1 conference committees, as the first step to 2 respond to the Governor's proposed budget. We 3 recognize the need for conversation, for 4 ideas, for dialogue and for proposals. That's 5 why this is what it says it is: It's a 6 resolution. It's a road map to victory. 7 It's a road map that says that we 8 as legislators in this house have the shared 9 responsibility on both sides of the aisle to 10 recognize the mistakes of the past and to 11 build a strong economic foundation for the 12 future. It is the time for a sensible plan to 13 be put on the table of what has to be done. 14 This resolution puts people back to 15 work through a comprehensive jobs program that 16 will attract new businesses and support new 17 business owners while trying to grow and 18 succeed both in their own endeavors and 19 support their families. It will provide the 20 first step of relief for overburdened 21 homeowners, with property tax relief for 22 seniors and a long-range plan for property tax 23 relief for all New Yorkers in the future. 24 We recognize that New Yorkers can 25 no longer afford additional tax burdens, and

Candyco Transcription Service, Inc. 1 we oppose all of the Governor's tax increases. 2 The proposal that we make today 3 demonstrates that we can do more with less and 4 begins to shrink the size and scope of 5 government so that all New Yorkers that have 6 to for over decades of runaway spending that 7 have created costly and inefficient 8 bureaucracies will ultimately be brought into 9 control. 10 We prioritize the services that 11 New Yorkers treasure and the critical programs 12 that they rely upon most. It also makes 13 difficult but fair reductions in spending that 14 we cannot afford. 15 The budget, in principle, has 16 several component parts. I'll go through them 17 and then we will be able to address them in 18 more greater detail. 19 The spending plan is a General Fund 20 of $50.3 billion, which is the same as the 21 Governor's 21-day plan. General Funds 22 increased spending by approximately a billion 23 dollars between 2009 and 2010 because the 24 Governor rolled a $1.4 billion projected 25 deficit into fiscal year 2010-2011.

Candyco Transcription Service, Inc. 1 Our budget resolution calls for All 2 Funds of $136.2 billion, $100 million or 3 0.1 percent greater than the Governor's 4 budget. All Funds spending increased by 5 $3.1 billion, or 2.3 percent over 2009-2010. 6 Of this $3.1 billion increase, $2 billion 7 comes from increases at DOT and for payments 8 of principal and interest -- and listen to 9 this -- on the state debt that was accumulated 10 and was restructured as part of the 2005 11 bonding restructuring. 12 Taxes and revenue are rejected. We 13 rejected $1.1 billion worth of the Governor's 14 proposed tax increases. The tax on syrup, 15 $465 million, is rejected. The cigarette tax 16 of $210 million is rejected. Wine in the 17 grocery stores, for $253 million, is rejected. 18 And the GRT on healthcare providers of 19 $216 million is rejected. 20 We offer tax relief. We propose 21 that we provide more than $500 million of real 22 property tax relief by rejecting cuts to STAR 23 of $213 million and have added STAR tax rebate 24 checks of $291 million. 25 On the restoration side, we

Candyco Transcription Service, Inc. 1 restored cuts to SUNY and CUNY community 2 colleges worth $57 million. We restored $75 3 across the board on the TAP reductions, worth 4 $17 million. We restored the closure of 57 5 state parks and reduced operations at 21 6 additional state parks, for $11 million. We 7 restored $20 million for senior citizen and 8 child care out of Title 20 funds. So in 9 New York City, when the mayor said that we 10 were going to have to close 21 senior centers 11 across this state because of the Governor's 12 budget, this resolution provides the funds 13 necessary to keep those centers open and 14 operating. 15 I think that's the salient point 16 that we have to make today. The combination 17 of cuts and restorations provides what we need 18 to go forward with a strong agenda, 19 recognizing our obligation to downsize 20 government without destroying the very fabric 21 of our middle-class tax base and our senior 22 needs and the healthcare community as well. 23 We accepted revenue-generating 24 actions that provided an additional 25 $100 million to the budget. The PIT

Candyco Transcription Service, Inc. 1 nonresident allocation gains $30 million. A 2 mixed martial arts program, a simple 3 $2.1 million. We included in the New York 4 City Housing Development Corporation a 5 business integrity commission for $3 million. 6 We allow for a statistical sampling audit at 7 $8 million. We increase certain civil court 8 filing fees for $31 million. Permit and speed 9 enforcement cameras of $25 million. We 10 dissolved the Genesee Valley Regional Market 11 Authority for $12 million. 12 Revenue actions that do not 13 generate funding but at the same time 14 alleviate state responsibilities are also part 15 of this dynamic resolution. It eliminates the 16 state's role in dog licensing for minus 76. 17 Repeal the state centralized procurement 18 contract fees, minus 3.3. Enhance low-income 19 housing credit, minus 4. Allow for 20 streamlined sales on the Internet, minus 375. 21 On the health side, savings of 22 $335 million more than the Governor proposed. 23 We accepted the Governor's proposal to 24 increase the Medicaid fraud audit target from 25 $870 million to $2.1 billion, which will save

Candyco Transcription Service, Inc. 1 the state an additional $200 million, more 2 than the Governor's $300 million in his 3 original fraud projection savings -- a total 4 of $500 million in total savings. 5 We reduced management care premiums 6 by $61.4 million. We discontinued the 7 Medicaid HCRA trend factor for $99.1 million. 8 Additionally, the Senate Majority 9 has taken the initiative for additional 10 savings. We've implemented an autism 11 legislation with passage -- Senate 7000 -- 12 that will save $15 million. We eliminated a 13 COLA for community health programs, 14 $28.9 million. We enact a Medicaid 15 re-estimate of $302 million. And we enact 16 personal care additional utilization reviews 17 of $10 million. 18 We reject out of the Governor's 19 proposal redirect utilization of personal 20 care, elimination of Medicare Part D 21 wraparound, the Insurance Department prior 22 approval for Medicaid and Family Health Plus, 23 a CHIP prior authorization, and we eliminate 24 special optional services. 25 On the education side, we accepted

Candyco Transcription Service, Inc. 1 the $2.2 billion in savings for education, 2 $1.4 billion and then higher education an 3 additional $800 million. The Senate in its 4 resolution rejects community college base aid, 5 $56.7 million. Seventy-five dollars across 6 the board TAP reductions of $16.5 million. A 7 new TAP schedule for a two-year program of 8 $68 million. 9 Additional savings that will be 10 garnered out of this resolution further go 11 towards dealing with our State University 12 system. The SUNY-wide programs would be 13 reduced by $15.3 million. CUNY-wide program 14 reductions equal $14.5 million. We expand 15 gaming options to fund education by 16 $100 million. 17 As we go forward in this process, 18 we have to recognize that we're dealing with 19 the fact that New York is in trouble. But for 20 years, Albany has done nothing. For decades, 21 this house has agreed to and has spent well 22 beyond its means. This house for 30 years, 23 under both the administration of George Pataki 24 and Senator Joseph Bruno, has had wild and 25 misplaced spending, spending that today puts

Candyco Transcription Service, Inc. 1 us very well in the position that we are faced 2 with. 3 We have to recognize the fact that 4 in the last previous DRP and the one before 5 that, we took a pledge and a promise to every 6 New Yorker that said that we would not have 7 midyear cuts to health and education. And we 8 lived up to that commitment. 9 But nevertheless, in previous 10 years, this house has spent more than we have 11 had, and we've stuck the people with the 12 bills. 13 We need a fair and responsible 14 bipartisan budget this time. New Yorkers 15 can't afford more than what they already are 16 paying. We can't spend more than we make, and 17 we can't make more than we already have 18 without building jobs, without rebuilding the 19 economy, without reshaping the way government 20 functions. And that's what this road map 21 towards responsible budgeting is all about, 22 making smart cuts and smart choices. 23 We have to find common ground in a 24 bipartisan way for the crisis that we all 25 face. These choices are not going to be easy,

Candyco Transcription Service, Inc. 1 but neither are the choices facing families 2 across this state. We have to balance our 3 checkbook the same way as a family has to 4 balance theirs. 5 Bottom line, we can't spend more 6 than we have, and we can't shift our burden 7 any more to the taxpaying public. We can't 8 let New York become California. 9 This is our first step, and it will 10 give us an opportunity to move forward with 11 conference committees and with a bipartisan 12 approach. 13 I offer today to my colleagues a 14 new opportunity, forged with challenge, but at 15 the same time respective of our common needs. 16 If we join hands on both sides of the aisle in 17 that partnership, if we galvanize our thoughts 18 and our very beings to see that we are sent 19 here to do the right thing, the responsible 20 thing, and the fair thing for people that 21 otherwise might not speak for themselves -- 22 the poor, the sick, the elderly, children, the 23 developmentally disabled -- if we can put 24 together all of those elements in a 25 collective, cohesive, comprehensive plan,

Candyco Transcription Service, Inc. 1 joining with the Assembly and with the support 2 of the Governor, we can find a new tomorrow 3 that's filled with light and hope, a tomorrow 4 that we can build on, a tomorrow that we can 5 say with absolute certainty that regardless of 6 this generation and generations that we will 7 never know, met with the challenge, this house 8 seized the opportunity and joined hands to be 9 people that truly make a difference. 10 Thank you, Mr. President. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Kruger. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, 15 upon unanimous consent, I ask that the roll be 16 opened for the privileged resolution so 17 Senator Schneiderman can vote on the said 18 resolution. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will call the roll on the 21 resolution. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Senator Schneiderman. 25 SENATOR SCHNEIDERMAN: I vote

Candyco Transcription Service, Inc. 1 aye. 2 ACTING PRESIDENT BRESLIN: The 3 roll call is withdrawn. 4 The resolution is before the house. 5 Senator Liz Krueger. 6 SENATOR LIZ KRUEGER: Thank you 7 very much, Mr. President. I will be brief. 8 My colleague Senator Carl Kruger 9 talked about the importance of passing this 10 budget resolution in a bipartisan way to 11 ensure that we can move forward with the 12 budget process in a timely way. I will simply 13 state that for Senator Carl Kruger and Senator 14 Liz Krueger to agree on anything as complex as 15 this clearly is a bipartisan agreement. 16 (Laughter.) 17 SENATOR LIZ KRUEGER: I am a 18 liberal Democrat. This is a budget that is 19 cutting many things I care about. But I know 20 that the State of New York is in very dire 21 economic times. And to be honest, we expect 22 to have several years of bad economics. 23 And so we need, as a house and as a 24 joint Legislature, with the Governor, to move 25 a budget that protects core values as best we

Candyco Transcription Service, Inc. 1 can, protects those who are most needy in our 2 communities in bad economic times, but also 3 recognize that the cupboard is dry and that we 4 have to make tough decisions, as the leaders 5 of the state, and go home and explain to our 6 people we had no choice but to move this kind 7 of very difficult budget. 8 So I vote aye, and I hope all my 9 colleagues on both sides of the aisle will 10 vote aye. 11 Thank you, Mr. President. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Krueger. 14 Senator Klein. 15 SENATOR KLEIN: Thank you, 16 Mr. President. 17 I'm going to be brief, because 18 Senator Carl Kruger I think did an excellent 19 job in outlining this resolution. 20 But I think everyone is on the same 21 page where we understand this is a very, very 22 difficult choice we make today on voting yes 23 on this budget resolution. But we have to 24 make the difficult choices, because that's 25 what the voters in our respective districts

Candyco Transcription Service, Inc. 1 send us to Albany to do. 2 I think the voters have also been 3 very, very clear. They want cuts. They want 4 us to decrease spending. They want us, as 5 they do each and every day, balance their 6 checkbook, tighten their belts. 7 Well, this budget does that. And I 8 think at the end of the day we are doing the 9 people's business today. Because the next 10 step is conference committees. And I think 11 we're able to do this, as I know Carl 12 mentioned, in rejecting what I think are very, 13 very important tax increases, taxes that the 14 public can't take any longer -- like the soda 15 tax, a cigarette tax, the wine in groceries, 16 which would have hurt our key areas of small 17 business in our communities, and of course the 18 GRT on healthcare providers, which of course 19 is always passed on to the consumer. 20 But as I said, our job isn't done 21 here today. Because when we go into 22 conference committees, we still have a job to 23 do to fund the property tax relief plan that 24 we passed almost unanimously here last week. 25 We are one step forward. We put

Candyco Transcription Service, Inc. 1 $290 million in the budget to restore the STAR 2 rebate check for seniors, but we need to do 3 more. So I'm hopeful that in a bipartisan 4 fashion, when we reach these conference 5 committees, we'll discuss collecting taxes on 6 cigarettes sold on Native American 7 reservations. We will discuss doing something 8 about the out-of-control overtime that exists, 9 $450 million spent last year on what I 10 consider nonessential, nonmandatory overtime. 11 We have to look to consolidate agencies. 12 These are the things we need to do. 13 And hopefully, when we go to the 14 conference committees, we'll find the 15 additional monies to do property tax relief. 16 Because as I said, our job is only half done 17 here today. We put in the start of a balanced 18 budget. We've made the difficult choices. 19 But I think the next step, and the only way we 20 really fulfill our duty to New Yorkers, is to 21 provide real property tax relief at the end of 22 this budget process. 23 Thank you, Mr. President. 24 ACTING PRESIDENT BRESLIN: Thank 25 you, Senator Klein.

Candyco Transcription Service, Inc. 1 Senator Hassell-Thompson. 2 SENATOR HASSELL-THOMPSON: Thank 3 you, Mr. President. 4 I just rise to vote yes on this 5 resolution and to talk about the fact that 6 this is probably historically one of the most 7 difficult budgets that the State Legislature 8 ever had to do. 9 And I know that there have been 10 tremendous calls from both sides of the aisle 11 to our offices talking about the need for 12 restoration. And what we have attempted to do 13 is to take every call, every request, very 14 seriously. 15 But as I looked at and was 16 responsible for helping to look at the issues 17 of the public protection issue, we have 18 accepted a lot of the recommendations of the 19 Governor in this budget. And we have made 20 some very severe cuts. But one of the things 21 that I am determined that this budget will not 22 do, and that is put any of our security in 23 our -- our guards within our prisons, as well 24 as prisons, in danger by doing anything that 25 will cause doubling up. And we will not let

Candyco Transcription Service, Inc. 1 the budget put us in an unsafe situation. 2 I know that there are people who 3 just believe that people should be locked up 4 in prison and we should throw away the key. 5 But what this budget has attempted to do, even 6 in this period of austerity, is to follow a 7 public policy that says that our prisons are 8 the place for those who have committed crimes, 9 but where we have opportunities to create 10 alternatives for incarceration, we must do so. 11 And in the process of doing that, we must 12 ensure that the conditions that we pose are 13 safe in that process. 14 This budget is painful for 15 everyone, and certainly for the public 16 protection committees and those committees 17 that are under the heading of public 18 protection. But know that this is in the best 19 interests of this state, and cut we must. And 20 we've tried to do it in a manner that is both 21 safe and judicious. 22 Thank you, Mr. President. 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Senator Hassell-Thompson. 25 Senator Craig Johnson.

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: Thank you 2 very much, Mr. President. I rise in support 3 of the resolution as well. 4 It's been said before, it will be 5 said afterwards this afternoon, it will be 6 said from now until we finish this budget 7 process and beyond: These are difficult 8 economic times. And you don't have to be a 9 rocket scientist or a reader of the business 10 pages to understand that. Just walk down the 11 Main Street where you live, the thoroughfares, 12 the parks where our families play, and 13 everybody is feeling the pinch. 14 And this budget resolution starts 15 the process in recognizing how do we address 16 these financial challenges -- challenges that 17 didn't just show up in one day. They're 18 challenges that we are facing today based upon 19 a long-range process here in New York State. 20 And so what we're doing today is 21 starting to fix that process. We have a 22 budget resolution that starts taking care of 23 our seniors when to comes to property tax 24 relief, as well as all homeowners in 25 preserving their STAR. We have information in

Candyco Transcription Service, Inc. 1 this resolution that's going to help put 2 people back to work and help protect those who 3 still have jobs. It deals with the economic 4 development so sorely needed from upstate 5 New York all the way down to the tip of Long 6 Island. It protects our healthcare providers 7 who are facing the pressure when it comes to 8 investigations of Medicaid fraud. 9 There's no doubt that all of us 10 here have issues with this budget. No one 11 here was elected to cut healthcare or cut 12 education. We all want to see and protect 13 those who go to traditional public schools, 14 charter schools, parochial schools, 15 independent schools. And we have to use the 16 conference committee process, as Senator Klein 17 said, to start talking about these issues, 18 addressing issues like the cap and cap 19 formulas and cap expenses that our parochial 20 schools face, dealing with the healthcare cuts 21 and the education cuts. 22 And we have to use that budget 23 conference committee process to hear ideas 24 both within the Democratic conference side but 25 also the Republican conference side.

Candyco Transcription Service, Inc. 1 I don't know how my friends on the 2 other side of the aisle are going to vote 3 today. I guess we'll hear that shortly. But 4 I was struck by something last night, in 5 listening to the debate on the House floor. 6 First, I would hope as we go 7 through this budget process that our tone 8 amongst ourselves remains as civil as it has 9 been in the past. I was certainly troubled 10 and maybe all of us were troubled by some of 11 the tone and comments made on both sides of 12 the aisle during the healthcare vote. 13 But something that I heard and 14 found interesting is in the process of the 15 House vote, one thing that was mentioned was 16 the fact that there were over 200 17 Republican-sponsored amendments in the final 18 bill. 19 I'm hopeful that as we work our way 20 through the budget, I look forward to hearing 21 the ideas from my Republican colleagues. 22 Let's start today and go forward, how we can 23 make this a better, stronger effort on this 24 house. 25 So I look forward to the budget

Candyco Transcription Service, Inc. 1 process as we start today, as we have been 2 doing in the past. 3 Mr. President, I will be voting 4 aye. Thank you very much. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Johnson. 7 Senator Smith. 8 SENATOR SMITH: Thank you very 9 much, Mr. President. 10 The public has made three things 11 very clear to each one of us with regard to 12 the direction that the State of New York is 13 going. The first thing is they talk about the 14 importance of job creation. The second thing 15 they talk about is doing something to 16 alleviate the tax burden -- that is, business, 17 personal and property tax burden -- to them. 18 And the last thing is controlling spending. 19 This resolution, that I commend 20 both Senator Kruger and Senator Sampson for 21 orchestrating and engineering, does just that. 22 While we know there is more work that will be 23 done, and we know that we will move into our 24 conference committees with the Assembly as 25 well as with our colleagues in the other side

Candyco Transcription Service, Inc. 1 of the aisle, there is property tax relief in 2 this resolution; job creation, by virtue of 3 the motion picture post-production tax credit 4 piece and focus on high-speed rail, which we 5 all know will create over a quarter of a 6 million jobs just in high-speed rail alone; 7 and, three, clearly we are controlling 8 spending by balancing a budget that has a 9 $9 billion deficit to it. 10 We know that we have a long way to 11 go. And it is my belief, when conference 12 committees are conducted, that this will end 13 up being a fair and responsible budget, one 14 that will be bipartisan as well, one that we 15 will be able to all go home and demonstrate 16 one characteristic of leadership, and that is 17 making tough choices during tough times. 18 And during these extraordinary 19 times, it requires extraordinary action. 20 Today we're taking the first step on that 21 action, Mr. President, and I vote aye. 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator Smith. 24 Senator DeFrancisco. 25 SENATOR DeFRANCISCO: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I listened very carefully to the 3 presentations from the speakers on the other 4 side of the aisle, and I sat thinking here how 5 could I possibly find anything to disagree 6 with. The resolution is making all kinds of 7 restorations, not increasing taxes, and doing 8 all things that are good and rejecting all 9 things that are bad. 10 So I figured, knowing that -- 11 having lived, so far, a relatively long life, 12 there must be something that's just not quite 13 right. Because you can't have everything in 14 the type of climate that we have now and where 15 we have a severe recession. And after 16 thinking about it, I pretty much have decided 17 that there are a few holes in this. And I 18 want to try to point out a couple of them. 19 The first one is the process. 20 There was a lot of congratulatory comments 21 concerning we're going to start conference 22 committees and the like. But we have a law 23 that was passed that required us to appoint 24 conference committees 10 days after the 25 Governor's budget was released and start that

Candyco Transcription Service, Inc. 1 process so there could be truly a deliberative 2 process and truly bipartisan input into the 3 process with both houses. 4 Well, now we're not 10 days after 5 the Governor's submitted the budget, we're 6 about 10 days before the deadline for a budget 7 to be passed. And to me, that isn't enough 8 time to give the process what it's supposed to 9 have -- namely, public debate, public output, 10 and public input to get the type of result 11 that we're really looking for. 12 So with respect to the process, I 13 think the process is faulty. And we're 14 certainly welcoming conference committees, 15 because we've been asking for them for at 16 least a month now. But we've wasted a month 17 in trying to get a truly bipartisan product. 18 And this product, by the way, that 19 we're debating today was presented to us in 20 draft form for the first time yesterday 21 afternoon at 3 o'clock, and in final form 22 today at 2 o'clock, a little over an hour 23 before this particular session started. 24 So it seems to me that if there was 25 going to be some true desire to try to get

Candyco Transcription Service, Inc. 1 some bipartisan discussion and some input and 2 to try to get some kind of product here that 3 would start this process off running, that 4 really truly didn't happen. 5 With respect to the substance, 6 Senator Carl Kruger indicated that what he has 7 before us is a road map to victory. Well, the 8 road map that I see here is really to a dead 9 end, not to victory. Because you can't have 10 everything in a situation that we're in right 11 now economically. 12 And how did we possibly balance 13 this budget by restoring all of these 14 wonderful things -- or how did they do it, and 15 still getting rid of all the taxes? Well, 16 simple answer. It's not balanced. We had 17 asked for a financial plan which would show 18 how the budget was balanced. And according to 19 our estimates from this -- approximately 20 24 hours from receiving the draft of this 21 document -- it's out of balance by about a 22 billion and a half dollars. 23 So that's one of the reasons why 24 the all-too-good-to-be-true proposal that's 25 before us today is not all that good. And

Candyco Transcription Service, Inc. 1 it's not all that true. 2 Secondly, everybody who knows the 3 problems in the State of New York knows there 4 is a structural deficit. And that structural 5 deficit has to be dealt with. We talked about 6 this during the process of last year's budget. 7 And despite the newly found desire to cut on 8 the other side of the aisle, we increased 9 spending -- or they increased spending, 10 because we all voted no on this side of the 11 aisle -- by $12 billion, and increased taxes 12 by $8 billion. 13 Now, you only wonder, I just 14 wonder, if we didn't increase spending by 15 $12 billion last year, if we just held the 16 line, would we have a $9 billion deficit this 17 year? Someone else will have to do that math. 18 It's a little bit above me. 19 But the fact of the matter is is 20 that we overspent last year. And Carl Kruger 21 has indicated that the Pataki/Bruno years, the 22 budgets, that caused this problem. Well, the 23 biggest problem was last year when we had a 24 problem, and that problem was ignored. In 25 fact, it was exacerbated.

Candyco Transcription Service, Inc. 1 And just in order so that we don't 2 have revisionist history here, the fact of the 3 matter is every one of those budgets, except 4 for few Democrats in the past, voted for. So 5 it wasn't the evil Republican majority at that 6 time. 7 Secondly, if I recall -- and I was 8 here all of those years -- there were 9 amendments that were always proposed by the 10 Democrats, now in the majority. And there was 11 never an amendment, never an amendment to 12 reduce spending, it was always to add more to 13 education or to add more to this or to add 14 more of that. So before we get into the 15 campaign mode of this problem being blamed for 16 30 years on one party, I think it can be 17 clearly shown otherwise. 18 Now, in addition to the fact that 19 it's not balanced, Senator Carl Kruger 20 indicated that we've got to do what our 21 families are doing, balancing their 22 checkbooks. We've got to do it with the 23 state. No truer words have ever been said. 24 In fact, we've said it on this side of the 25 aisle for some time now.

Candyco Transcription Service, Inc. 1 But the fact of the matter is is 2 the family doesn't balance its budget by 3 selling its couch one year and then by selling 4 its car the next year. They look at what 5 their reoccurring expenses are in order to 6 make sure that that reoccurring expenses are 7 lowered so that the following year there's not 8 a problem. 9 Here, there's increased spending 10 over the Governor's budget which results in 11 approximately, the way we calculate it, 12 approximately $3 billion in more problems for 13 next year's deficit. 14 So how do we close the amount that 15 isn't just in balance? One-shots. Workers' 16 Compensation Second Injury Fund, $300 million, 17 a one-shot. In other words, once that happens 18 this year, you've got to find other one-shots 19 or other couches to sell or cars to sell if 20 we're going to have the family analogy. 21 Medicaid Part D, $204 million 22 one-shot. The data center cut, some data 23 center, $9 million. Medical fraud audit 24 target, $200 million. Federal FMAP, 25 $485 million. All one-shots. That even if

Candyco Transcription Service, Inc. 1 they're done this year, that doesn't mean that 2 they're going to be available next year. So 3 the structural deficit is still here. 4 Tobacco bond restructuring -- 5 that's a bond. That's more borrowing. The 6 family doesn't go out and borrow against their 7 house, a second or third mortgage, unless it's 8 absolutely necessary. You've got to cut 9 spending -- $700 million. Something, by the 10 way, that the Governor rejected last year. 11 These are not solutions. These are 12 not road maps to victory. This just keeps the 13 same process going where we're ignoring, if we 14 pass this resolution, the reoccurring problems 15 of the state and just passing it on for 16 another year by additional borrowing, through 17 this tobacco bond restructuring, and one-shots 18 that isn't going to resolve the problem. 19 So I am going to recommend to my 20 conference that we vote no on this. And until 21 we deal with things like the fact that we 22 spend more on Medicaid than the next two 23 states combined, until we start dealing with 24 making sure that the workforce is at the right 25 levels, making sure, by the way, that there's

Candyco Transcription Service, Inc. 1 fair cuts in other areas -- I know Senator 2 Hassell-Thompson mentioned about jails. It's 3 probably just a coincidence, and maybe I'm 4 reading something in there, that the three 5 jails that were closed were in only minority 6 conference, Republican districts. 7 But the fact of the matter is is 8 we've got to deal with things like home care, 9 when $400 million is spent for personal care 10 in the whole State of New York, except for 11 New York City, where 1.6 billion is spent in 12 New York City, which has about the same 13 population as the rest of the state. 14 Those are the hard choices. Those 15 are choices that spread the burden regionally, 16 and those are the choices that are going to 17 make us healthy in the future for our children 18 and those beyond. 19 So, Mr. President, I understand the 20 belief on the other side of the aisle that 21 this is the road map to victory. I don't 22 think it is. And hopefully we, during the 23 budget committee process, can bring this out 24 to the public so the public will demand not 25 one-shots, not imbalance, but reoccurring

Candyco Transcription Service, Inc. 1 revenues to be reduced so that we can have a 2 sound fiscal plan for the State of New York. 3 Thank you. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator DeFrancisco. 6 Senator LaValle. 7 SENATOR LaVALLE: Thank you, 8 Mr. President. 9 Oftentimes when I'm back home in 10 Suffolk County and people talk to me about 11 going to Albany, I say, "Well, it's more like 12 the Emerald City." 13 And last Thursday we had a 14 protracted debate on real property tax relief. 15 And it's like following the Yellow Brick Road 16 to having a great expectation on real property 17 tax relief. 18 Well, as everyone fully knows the 19 story, we get to the Emerald City and we find 20 that behind the curtain is the wizard. And I 21 would say, when I looked at this resolution, 22 after listening to the debate of last week -- 23 and I had expressed myself on Thursday that 24 the proposal that was put forth by Senator 25 Klein really didn't do the job. And in this

Candyco Transcription Service, Inc. 1 proposal, where we are spending $1.5 billion 2 more than the Governor, we have, for real 3 property tax relief, $291 million. 4 And the proposal -- and I had said 5 this last week -- for the STAR rebate program, 6 while our seniors have in the last two years 7 not gotten Social Security increases, and that 8 certainly as a group they are very deserving 9 of relief -- but the STAR rebate program just 10 takes out, voids anyone else who's not a 11 senior. 12 So under last week's proposal and 13 in this budget proposal, any person, any 14 non-senior, any non-senior, in October, don't 15 go to your mailbox, because there will be no 16 check. No check. We certainly support our 17 seniors being taken care of. But any 18 non-senior is not taken care of. 19 One of the central pieces, the 20 circuit breaker program, where is the circuit 21 breaker program? Hello, where is the circuit 22 breaker program? We can't find it. We talked 23 about, in our proposal, a freeze for seniors 24 70 or older. Nowhere to be found. Property 25 tax cap, nowhere to be found.

Candyco Transcription Service, Inc. 1 When I look at -- and we all get 2 parochial for our own districts or our 3 region -- for Long Island, in terms of state 4 aid and the cuts in state aid, it is like 5 further salt in the wound. 6 So I think, if real property taxes 7 was critically important, then you -- we added 8 $1.5 billion. I think we need to do a better 9 job than $291 million. 10 And we're going to go to conference 11 committees and we are going to have proposals 12 and try and find money to ensure that every 13 homeowner will be able to look in their 14 mailbox, get a rebate check, or get something 15 from a circuit breaker program or a senior 16 have an option, if they're 70 or older, to be 17 able to see in the years ahead in their life, 18 be able to at least plan by freezing or 19 capping their real property taxes. 20 So I heard Senator Klein very 21 clearly say this is a beginning, we're going 22 to move forward. But I think if we are making 23 a statement in this resolution, it is a 24 whimper of a statement. A priority gets a 25 roar, not a wimp of a statement.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator LaValle. 4 Senator Saland. 5 SENATOR SALAND: Thank you, 6 Mr. President. 7 Mr. President, I'm sure a number of 8 our members are aware of the fact that from 9 time to time I have risen to my feet to 10 discuss issues surrounding the MTA. And it's 11 a subject which garners considerable interest 12 for me, some might say even passion, and some 13 might even say hatred. 14 So I was intrigued by the language 15 I saw on page 48 of this budget resolution. 16 And if Senator Carl Kruger, the Finance chair, 17 would be kind enough to yield, I'd like to ask 18 him -- perhaps through you, Mr. President, 19 some questions. 20 ACTING PRESIDENT BRESLIN: 21 Perhaps. Senator Kruger, do you yield to 22 Senator Saland? 23 SENATOR CARL KRUGER: Yes, I do. 24 If I could just take out a copy for a moment. 25 ACTING PRESIDENT BRESLIN: You

Candyco Transcription Service, Inc. 1 may proceed, Senator Saland. 2 SENATOR SALAND: I'm looking, 3 Senator Kruger, about three-quarters of the 4 way down the page. There's a paragraph that 5 deals with the mobility tax, commonly known to 6 the rest of the world as the payroll tax. 7 SENATOR CARL KRUGER: Okay. 8 SENATOR SALAND: Now, what this 9 section purports to do, among other things, it 10 rejects the Executive's increase to New York 11 City and -- I'm just following the language -- 12 proposes to authorize a business tax credit 13 for a portion of the MTA mobility tax which 14 would be graduated based upon usage of the MTA 15 system by county. 16 Could you tell me what that portion 17 is, how would it be determined, what would be 18 the numerator, what would be the denominator? 19 SENATOR CARL KRUGER: I see the 20 point that you're making. 21 With your permission, Senator Foley 22 might be able to answer this question better. 23 Senator Foley? 24 ACTING PRESIDENT BRESLIN: 25 Senator Foley, do you yield to Senator Kruger?

Candyco Transcription Service, Inc. 1 SENATOR FOLEY: Certainly. Thank 2 you. 3 First, let me just say to Senator 4 Saland that overall, what we're going to see 5 with this proposal today, the overall budget 6 bill, is the opening, let's say, chapter to a 7 process where we're going to have, I believe, 8 even greater savings for property taxes. I 9 believe that we're going to see a level of 10 restoration of cuts that have been made to 11 education. But this full well recognizes the 12 fact that we have a very, very poor economy 13 that we're dealing with. 14 The MTA tax credit as it's proposed 15 here was inserted during this process. I 16 believe that during this process it's going to 17 evolve over a period of days or weeks where it 18 will be, in fact, a real payroll tax 19 reduction. As it's proposed here, it is as a 20 tax credit. But I think by the end of this 21 process, Senator Saland, we're going to see 22 some real savings for particularly the 23 outlying areas of the MTA service area as 24 relates to a payroll tax. 25 So as it's constructed here, we're

Candyco Transcription Service, Inc. 1 going to build on that, if you will, and I 2 think we're going to see a greater savings 3 going forward in this process for your county 4 and for our county, where there will be a 5 substantial, a substantial reduction in what's 6 paid. 7 SENATOR SALAND: Mr. President, 8 would Senator Foley yield? He has taken the 9 floor from Senator Kruger. 10 ACTING PRESIDENT BRESLIN: 11 Senator Foley, will you yield to Senator 12 Saland? 13 SENATOR FOLEY: Yes. 14 SENATOR SALAND: Senator Foley, 15 first, an observation. A business tax credit 16 means that whomever is paying is going to pay, 17 and then they're going to receive a quote, 18 unquote, tax credit for having made that 19 payment. And in this case the business tax 20 credit would be from the General Fund, would 21 it not? 22 SENATOR FOLEY: (Nodding.) 23 SENATOR SALAND: Okay. So the 24 General Fund, then, would be responsible for 25 this tax credit.

Candyco Transcription Service, Inc. 1 Now, the formula is what I'm 2 interested in. What portion of the MTA 3 payroll tax would one be eligible to have 4 returned to your business? And it's referred 5 to being graduated based upon usage by county. 6 So when we look, we see that 7 originally it was anticipated that a little 8 over $1.5 billion would be raised. I believe 9 $1.1 billion was from the city, $230 million 10 from the Island, and about 165 from the Hudson 11 Valley. Are those numbers relevant to that 12 computation, or is there another computation? 13 I'll just add, just by way of 14 additional data, there's over 7 million fares 15 or people who use the MTA in New York City. 16 There's probably, between the buses and the 17 trains on the Island, less than 400,000 or 18 around 400,000. And in our region, Metro 19 North, there's 287,000. 20 So amongst all those numbers, so 21 that I can tell my businesses, who are just 22 absolutely livid over this, what is it that 23 they can expect? How can they compute? 24 ACTING PRESIDENT BRESLIN: 25 Senator Foley.

Candyco Transcription Service, Inc. 1 SENATOR FOLEY: Yes, through the 2 chair. 3 I share your great concern about 4 this. I've heard the same from our business 5 owners as well. And that's why I have a 6 proposal that I submitted several weeks ago 7 that has a payroll tax proportionate to the 8 use of the service. 9 And as it relates to the outlying 10 areas of Suffolk County and the four northern 11 counties, that would relate to about 11 cents 12 as opposed to 34 cents per $100. In fact, I 13 hope we can get even lower than that. 14 The best way I can answer it today 15 is that it is in this document today as a tax 16 credit. And since you have much more 17 experience with budget resolutions than I do, 18 you know that a budget resolution is just the 19 start of a process. And that as we go along 20 this road, there will be changes and 21 permutations to the budget resolution so when 22 we finally arrive at a station, if you will, 23 where we have an actual budget bill as opposed 24 to a budget resolution, you're going to see 25 that there will be a clearer picture as to

Candyco Transcription Service, Inc. 1 what the actual savings will be for our 2 business owners. 3 What I can say confidently today is 4 that at the end of this process there will be, 5 at the very least, a 2/3 reduction for the 6 businesses in your community as well as in 7 mine. It may even be more than that. But for 8 today's purposes, as it's presented here 9 today, yes, you're right, it's presented as a 10 tax credit, which is different from the way 11 that I had proposed it several weeks ago. 12 But what's important is that it's 13 incorporated into this budget resolution. And 14 I do expect, working with the Republicans as 15 well as the Democrats in the different 16 conferences, that we're going to improve this 17 budget resolution. And at the end of the day, 18 we're going to have a direct savings for our 19 businesses as opposed to them paying something 20 and then getting a tax credit back. 21 ACTING PRESIDENT BRESLIN: 22 Senator Saland. 23 SENATOR SALAND: Mr. President, 24 would Senator Foley continue to yield? 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Foley, do you continue to yield to 2 Senator Saland? 3 SENATOR FOLEY: Yes, I do, 4 Mr. President. 5 ACTING PRESIDENT BRESLIN: You 6 may proceed, Senator Saland, through the 7 chair. 8 SENATOR SALAND: Senator Foley, I 9 think what you said in response to my question 10 is that you are the architect of this concept, 11 this language? 12 SENATOR FOLEY: Not of the tax 13 credit. Through the chair, not of the tax 14 credit. 15 As you know, my resolution -- which 16 no doubt your staffs have taken a look at -- 17 that we've offered several weeks back speaks 18 to a point of a direct payroll reduction in 19 the amount of the taxes paid on a 20 proportionate basis as you go out from the 21 center of the service area to the outlying 22 areas. So it is materially different as far 23 as the payroll tax as opposed to the tax 24 credit. 25 What's important here, Senator

Candyco Transcription Service, Inc. 1 Saland, is that this document acknowledges the 2 fact that we need to have some distinction 3 made within the service area as to the 4 proportion of use of the MTA. 5 So while I think that principle is 6 embodied here, that it acknowledges that there 7 needs to be a difference in what's paid in the 8 MTA service area, I think the final exact 9 language and, let's say, the arithmetic will 10 be different from what we see here today. 11 SENATOR SALAND: Thank you, 12 Senator Foley. 13 ACTING PRESIDENT BRESLIN: 14 Senator Saland. 15 SENATOR SALAND: Mr. President, 16 on the resolution. 17 ACTING PRESIDENT BRESLIN: 18 Senator Saland, on the resolution. 19 SENATOR SALAND: If Senator 20 Kruger yielded to Senator Foley to explain an 21 MTA tax credit component comprised in this 22 resolution, Senator Foley said "I'm not the 23 author of this language," and Senator Kruger 24 yielded to Senator Foley because apparently he 25 was not the author of the language, is there

Candyco Transcription Service, Inc. 1 anybody who was the author of the language who 2 wants to claim authorship of the language and 3 can explain to me what this means to the 12 4 counties that comprise the MTA? Is anybody 5 going to claim paternity of this section or 6 maternity of this section? 7 ACTING PRESIDENT BRESLIN: 8 Senator Kruger, why do you rise? 9 SENATOR CARL KRUGER: Mr. 10 President, I suspect there's an old axiom that 11 says that success has many fathers and defeat 12 is an orphan. 13 So to speak about paternity, let's 14 talk about the MTA in general, and we can 15 spend yards about it. But at the same time, 16 when we want to talk -- picking up on your 17 conversation, I will claim authorship. Okay? 18 Whenever we hear about the MTA, I 19 wait to hear Senator Saland to offer his 20 comments. Very well put, in many instances, 21 and very much on target. And we always thank 22 you for the dialogue. 23 When we're talking about a 24 service -- 25 SENATOR SALAND: You're killing

Candyco Transcription Service, Inc. 1 me with kindness, Senator. So I'll wait for 2 the other shoe. 3 (Laughter.) 4 SENATOR CARL KRUGER: No, no, no. 5 This is an opportunity for us to have a 6 lovefest. 7 (Laughter.) 8 SENATOR CARL KRUGER: When we 9 talk about the MTA, you know, I guess when we 10 say their original slogan "We know how you 11 feel about us, and we're trying to change 12 it" -- well, we're trying to change the 13 formula under which the payroll tax was 14 structured as part of what many called the MTA 15 solution. I called it the MTA money grab. 16 So while we focus on what we're 17 trying to accomplish, we're taking the 18 greatest-use factor, which is obviously the 19 City of New York, and in concentric circles 20 widening it out till we get to counties such 21 as that you represent, and trying to factor 22 out the equation to create some balance of 23 equilibrium. 24 It necessarily is not -- as I said, 25 this is a work in progress. And it certainly

Candyco Transcription Service, Inc. 1 deserves further dialogue, it certainly 2 deserves discussion. But it's also a 3 recognition that there's something that should 4 be done and has to be done to address the 5 inequities that the outer counties are facing 6 in terms of supporting the infrastructure in 7 the MTA. 8 So I accept responsibility for the 9 authorship of the concept. I hope to be able 10 to work with you in the days ahead to further 11 fine-tune that so that we can walk away from 12 this with some balance of equilibrium between 13 the service areas of the MTA. 14 SENATOR SALAND: Thank you, 15 Senator Kruger. 16 ACTING PRESIDENT BRESLIN: 17 Senator Saland. 18 SENATOR SALAND: On the 19 resolution. 20 ACTING PRESIDENT BRESLIN: 21 Senator Saland, again on the resolution. 22 SENATOR SALAND: Without 23 prolonging this, if, as Senator Kruger 24 described, starting in the city and working 25 out in concentric circles, what that would

Candyco Transcription Service, Inc. 1 mean to those of us who are not representing 2 the city or portions of the city but 3 representing the outer counties, both Long 4 Island and in the Hudson Valley -- the city 5 has about 80 percent of the ridership, the 6 Island has about 7 percent, and the mid-Hudson 7 has about 6 percent, and that's probably 8 predominantly Westchester. 9 So for the now famous or infamous 10 Quarter Pounders, I'll use a word that I'm 11 sure Senator Kruger is familiar with. A 12 portion, because it talks about a portion. I 13 don't know whether that portion is 10 percent, 14 20 percent, 30 percent, 40 percent, 15 50 percent. I have no idea. But for the 16 Quarter Pounders, it means bupkis, absolute 17 bupkis. 18 There's just -- and it's coming 19 from the General Fund. And I'm not aware -- 20 you know, we're talking about a new paradigm, 21 at least that's what I'm hearing. I'm not 22 aware it's a new paradigm to raid the General 23 Fund for the first time for an authority, 24 whether that's wise governance. And I say 25 that notwithstanding the fact that I would

Candyco Transcription Service, Inc. 1 certainly welcome some form of relief for my 2 district. 3 And just generally on the 4 resolution, I heard Senator Kruger -- and I 5 wrote it down -- refer to this as a road map 6 to victory. And I jotted alongside that to 7 me, I view it more as a formula that compounds 8 failure. 9 And as Senator DeFrancisco pointed 10 out in his earlier remarks, we seem to have 11 forgotten that we are in the dying throes of 12 one of the most horrendous budgets that this 13 state has ever seen when, in the midst of 14 another great depression, we adopted a budget, 15 we -- the other side of the aisle adopted a 16 budget which basically imposed some 17 $12 billion in additional spending and about 18 $8.5 billion in additional taxes. 19 And if this is our first step 20 today, we ignored the first step that we took 21 last time. We've managed to forget last 22 year's budget, apparently, already. 23 What we need is not business as 24 usual. What we need is something that 25 provides us a fiscal plan, something that

Candyco Transcription Service, Inc. 1 avoids borrowing, something that deals with 2 the structural deficit, and certainly 3 something that does not add to the outyear 4 deficit as this proposal, resolution would. 5 So I look forward to the process. 6 And hopefully what we will wind up with will 7 be something that's vastly improved and 8 reflects an effort to incorporate some of the 9 things that we have been offering and 10 suggesting here not only last year but this 11 year as well. 12 Thank you, Mr. President. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Saland. 15 Senator Hannon. 16 SENATOR HANNON: Thank you, 17 Mr. President. 18 I've tried to take a look at just 19 the portion of this resolution that deals with 20 the health budget. The health budget that is 21 proposed by the Executive was about 22 $56 billion, $57 billion, All Funds. And the 23 Medicaid program, part of that, spending a 24 billion dollars a week. 25 And I would have thought that if

Candyco Transcription Service, Inc. 1 this was truly a first step, that you'd take a 2 first step as one would do rationally, and 3 you'd have a fiscal plan. But I can't find a 4 fiscal plan embodied in any of these pages as 5 to how much is spent, how much is proposed to 6 be spent, how much is added. And in fact, in 7 looking at the different versions of these 8 that were presented to staffers last night, I 9 can find swings of $30 million to $40 million 10 of adds or cuts that go beyond that. 11 So you need a fiscal plan, you need 12 a course of action as to where you're going, 13 you need to get a sense of what we're going to 14 do with the healthcare system of New York as 15 we go forward in the next 12 months, as we go 16 forward in the next 24 months. 17 Why did I mention those periods? 18 Because in the last 12 months we've already 19 diverted billions of dollars from the federal 20 stimulus plan that gave enhanced monies to 21 New York State from what they call FMAP, the 22 matching monies from the federal government 23 for our Medicaid expenditures. And we've 24 taken something like 20 to 40 percent to 25 50 percent of those billions and put them into

Candyco Transcription Service, Inc. 1 other purposes. 2 And what have we done now with the 3 healthcare system? Left them with a sure 4 course of action? No. We don't know where 5 they're going to go. And that stimulus act of 6 Congress of 2009 ends December 30, 2010. 7 Where do we go after all of that money is 8 gone? We don't have a plan. This is not an 9 appropriate way for us to move forward. 10 You even use, and I really find 11 it -- you talked about all the taxes you 12 rejected. You don't talk about the 2009 13 taxes, the taxes that give the average 14 New Yorker $2,400 of increased payment of 15 taxes during the course of a year. All of 16 those are embodied because they're in the 17 spending base. All of those are embodied 18 because they're in the taxation base. 19 And you add insult to injury 20 because, in the middle of this, there are all 21 sorts of hidden minefields that I find that 22 are policy things, just like in the middle of 23 last year's budget you had the Rockefeller 24 Drug Law revisions. You have things like 25 medical marijuana, you have things like a

Candyco Transcription Service, Inc. 1 private not-for-profit overseeing the youth 2 correctional services. 3 You know, this is not something to 4 bring to the floor with no notice. This is 5 not something to have rushed and amended just 6 minutes before we get it. If this were a 7 serious plan, it would be far better thought 8 out. It would be structured. And I don't 9 think I can support it. 10 Thank you. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Hannon. 13 Senator Sampson, to close. 14 SENATOR SAMPSON: Thank you very 15 much, Mr. President. I want to just close 16 with respect to this. 17 I truly appreciate all the thoughts 18 of my colleagues this afternoon. And as 19 usual, in an effort to proceed in bipartisan 20 fashion, it is met with hostility. However, 21 that will not stop me from continuing 22 working -- as Senator Skelos knows, in order 23 for us to do a budget, we need to work 24 together. Time and time again, I will 25 continue, I will always extend my hand to

Candyco Transcription Service, Inc. 1 making sure that we work together to get this 2 thing done. 3 This time we're trying to start a 4 public process to create a fair, responsible, 5 and bipartisan budget. And rather than work 6 with us to create jobs, provide tax relief for 7 seniors, and keep state operations going, 8 people want to play politics. And I think one 9 of our colleagues said it's about -- the 10 statement is a whimper. 11 Our statement may be a whimper, but 12 the statement across the aisle is a no. And 13 that's a no to property tax relief for 14 seniors. That's a no to job preservation, job 15 creation. That is a no to our rejection for 16 no new fees, no new taxes. And that is a no 17 to our effort to reject borrowing. 18 Where was the whole issue about 19 process, where was the process when the budget 20 you voted raised taxes 395 times since 1995? 21 Where was the process when you increased our 22 debt service to $5.8 billion over the last 23 10 years? Where was the process when you 24 increased our debt load from $31 billion to 25 $54 billion? Where was the process when you

Candyco Transcription Service, Inc. 1 doubled our state spending over 10 years? 2 And we talk about -- I think 3 Senator DeFrancisco was talking about after 4 the Governor proposes his budget, within 5 10 days we have to have a formulation for 6 conference committees. I don't think, since 7 I've been here, after that 10-day period I 8 don't think we had any formulation with 9 respect to conference committees. 10 Where was the process when we lost 11 tens of thousands of jobs, not only in the 12 city but also throughout the state? Where was 13 the process when property tax increased by 14 320 percent in Nassau County? Where was the 15 process when taxes -- we talk about taxes -- 16 they increased in Suffolk County 550 percent? 17 Where was process when homeowners across the 18 state lost their homes? Where was this 19 process? 20 And we talk about one-shots. You 21 know, let's go to the facts. Where was the 22 tough talk when there was an approval of 23 $24.6 billion worth of one-shots from 1997 24 through 2008? And when you want to talk about 25 a spending cap, none of the budgets that was

Candyco Transcription Service, Inc. 1 approved in prior years would have violated 2 that spending cap. 3 We understand what's happening 4 here. And I hope -- I don't want anyone to 5 take away from it -- you know, we want to play 6 politics, everybody wants to play politics. 7 But now is the time for us really not to play 8 politics, because at the end of the day the 9 only people who are going to be hurting is the 10 people that we represent. 11 And, Senator Skelos, you're right 12 to talk about last year, and I agree with you. 13 There should have been more support. We 14 should have reached across the aisle to come 15 to a plan that can benefit all New Yorkers. 16 However, this is what we're going 17 to do this year. We're going to go into 18 conference committees. And this is just a 19 road map for us to work together and restore, 20 possibly cut even more in areas that benefit 21 all New Yorkers. This is a budget that we all 22 need to own. 23 You know, time and time again we 24 are going across the aisle, one side blaming 25 the other side. The people in the State of

Candyco Transcription Service, Inc. 1 New York do not care. They don't care if it's 2 a Democrat, Republican, or independent. What 3 they're concerned about is, one, do I have a 4 job in the morning? Two, can I pay my 5 mortgage? Three, am I going to be able to 6 have healthcare for my children or my family 7 when there is a debilitating disease that they 8 contract? And one of the most important 9 things they want to know: Can I provide my 10 children with a better educational opportunity 11 than I provide myself? 12 These are the questions. And 13 they're not going to look to a Democrat or a 14 Republican to answer them. They're going to 15 look at all 62 members of the State Senate to 16 answer that question. 17 So we need to understand that while 18 we're in this chamber, it comes to a point in 19 time that dialogue is important. Your ideas 20 that you may have on the other side of the 21 aisle can be very helpful for us putting 22 together a budget that is reflective of what 23 we think New York State or the direction 24 New York State is going into. People don't 25 care about what happened in the past. People

Candyco Transcription Service, Inc. 1 want to know what's happening in the present 2 and what's going to happen into the future. 3 Because this is how we live. 4 So, my colleagues, as I said 5 before -- and I think Senator Kruger said it 6 the best, this is a road map. This will be a 7 road map to victory because we will all be 8 involved. So when we go to those conference 9 committees and keep everything public, we're 10 going to deal with issues that a lot of us 11 don't want to deal with. A lot of times we 12 went to conference committees and talked about 13 dealing with restorations. We're going to 14 conference committees this time and talk about 15 cuts. 16 You know, it's a far cry from going 17 into the conference committees and talking 18 about restorations. There may be restorations 19 on one hand, but if we restore something on 20 the one hand, we're going to have to cut on 21 another hand. So the people and the public is 22 going to see what we're actually going to cut. 23 So, my colleagues, as I said 24 before, once again I'm extending my hand and 25 letting you know that I'm looking for a fair,

Candyco Transcription Service, Inc. 1 responsible, most of all a bipartisan budget 2 that we can do and that can be reflective of 3 all our values. Because we have all the same 4 values. As, Senator Skelos, you indicated 5 last week, it's about making sure we cut 6 spending, we don't raise taxes, and we provide 7 people, homeowners, property tax relief. This 8 is something that I hope the end product can 9 reflect. 10 So once again, thank you very much, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Sampson. 14 The debate is closed. 15 The Secretary will ring the bell. 16 The question is on the resolution. 17 The Secretary will call the roll. 18 (The Secretary called the roll.) 19 SENATOR LIBOUS: Excuse me, 20 Mr. President. 21 ACTING PRESIDENT BRESLIN: 22 Senator Libous. 23 SENATOR LIBOUS: I thought there 24 was going to be a roll call. 25 ACTING PRESIDENT BRESLIN: I just

Candyco Transcription Service, Inc. 1 asked the Secretary to call the roll. 2 SENATOR LIBOUS: All right, then 3 I ask for a slow roll call. 4 ACTING PRESIDENT BRESLIN: This 5 is not the final passage of a bill, just a 6 resolution. 7 SENATOR LIBOUS: If I may. 8 ACTING PRESIDENT BRESLIN: Fast 9 roll call. 10 SENATOR LIBOUS: Mr. President, 11 if I may. 12 ACTING PRESIDENT BRESLIN: Are 13 you making a point of order, Senator Libous? 14 SENATOR LIBOUS: I am making a 15 point of order, Mr. President. 16 Are we changing the rules on a 17 resolution? 18 ACTING PRESIDENT BRESLIN: I'm 19 not aware that we're changing the rules on a 20 resolution. 21 SENATOR LIBOUS: So you're 22 calling a fast roll call on a resolution. 23 When have we ever done a fast roll call on a 24 resolution? 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator, it appears as though you're asking 2 for a voice vote. So we'll do a voice vote. 3 SENATOR LIBOUS: No, actually I'm 4 asking for a show of hands, Mr. President. If 5 you're going to do a fast roll call, I would 6 ask that you ask for a show of hands. 7 ACTING PRESIDENT BRESLIN: We'll 8 do that, Senator Libous. 9 All those against the resolution 10 please raise your hand. 11 SENATOR SKELOS: Mr. President. 12 ACTING PRESIDENT BRESLIN: 13 Senator Skelos. 14 SENATOR SKELOS: Am I allowed to 15 explain my vote under the rules that have been 16 imposed? 17 ACTING PRESIDENT BRESLIN: We'll 18 allow it. Without reflecting with the rules, 19 you may explain your vote. 20 SENATOR SKELOS: Thank you very 21 much. 22 Mr. President, I listened with 23 great interest. And this is why I'm going to 24 vote against the resolution of Conference 25 Chairman Senator Sampson. And for a person

Candyco Transcription Service, Inc. 1 who doesn't like to talk about the past, he 2 was sure speaking about Speaker Silver an 3 awful lot today as he was talking about the 4 past. 5 I'm going to vote against this 6 resolution today for a couple of reasons. 7 Number one, there was going to be great change 8 from the Democrat side of the aisle if they 9 assumed the majority. And I don't believe 10 change is getting a resolution of this 11 importance literally 10 minutes before we go 12 into conference so that we could properly vet 13 it and look at it and make a decision. 14 Going beyond that, there is 15 absolutely no fiscal plan that goes with this, 16 which is required. It increases spending, 17 which cannot be afforded by the people of the 18 State of New York. And if we're going to look 19 back, it does nothing to unravel the spending 20 of $13 billion more in last year's budget and 21 the imposition of $11 billion in taxes, $2,400 22 for a family of four. 23 So people don't want partisanship. 24 I understand that. They don't. But they're 25 also asking the question of the Democrats, How

Candyco Transcription Service, Inc. 1 could you have done this to us, our families, 2 last year, $2,400, a payroll tax, a cigarette 3 tax, a water tax, a healthcare premium tax -- 4 but we're going to get more out of that in 5 Washington now -- when we're in a recession? 6 So yes, we have to move forward. 7 But the way you move forward, if you give 8 us -- the Democrats, who are in the 9 majority -- an honest piece of material 10 budgeting that we can work off of. 11 And this is just a sham and a 12 gimmick, totally unbalanced, increases 13 spending, increases debt, and does absolutely 14 nothing to restructure the budget of the State 15 of New York and how we move forward. All this 16 does is postpone for the future taxes and debt 17 which the people of this state -- and quite 18 frankly this country -- are saying no to. 19 So I will vote no on the 20 resolution. 21 ACTING PRESIDENT BRESLIN: 22 Senator Skelos will be recorded in the 23 negative on the resolution. 24 Announce the results. 25 THE SECRETARY: Ayes, 32. Nays,

Candyco Transcription Service, Inc. 1 29. 2 ACTING PRESIDENT BRESLIN: The 3 resolution is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this time can we please move to a reading of 7 the calendar. 8 ACTING PRESIDENT BRESLIN: The 9 Secretary will read. 10 First, Senator Klein, the Secretary 11 will read substitutions. 12 THE SECRETARY: On page 15, 13 Senator Stewart-Cousins moves to discharge, 14 from the Committee on Codes, Assembly Bill 15 Number 215B and substitute it for the 16 identical Senate Bill Number 2904B, Third 17 Reading Calendar 254. 18 ACTING PRESIDENT BRESLIN: 19 Substitution ordered. 20 THE SECRETARY: On page 16, 21 Senator Valesky moves to discharge, from the 22 Committee on Codes, Assembly Bill Number 6671B 23 and substitute it for the identical Senate 24 Bill Number 5463B, Third Reading Calendar 267. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Substitution ordered. 2 THE SECRETARY: On page 16, 3 Senator Stavisky moves to discharge, from the 4 Committee on Codes, Assembly Bill Number 8530E 5 and substitute it for the identical Senate 6 Bill Number 5688D, Third Reading Calendar 268. 7 ACTING PRESIDENT BRESLIN: 8 Substitution ordered. 9 THE SECRETARY: And on page 16, 10 Senator Parker moves to discharge, from the 11 Committee on Children and Families, Assembly 12 Bill Number 5497 and substitute it for the 13 identical Senate Bill Number 5924, Third 14 Reading Calendar 273. 15 ACTING PRESIDENT BRESLIN: 16 Substitution ordered. 17 The Secretary will proceed with the 18 reading of the noncontroversial calendar. 19 THE SECRETARY: Calendar Number 20 36, by Senator Breslin, Senate Print 4463A, an 21 act to amend the Insurance Law and the 22 Workers' Compensation Law, in relation to 23 requiring. 24 ACTING PRESIDENT BRESLIN: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 170, by Senator Aubertine, Senate Print 6758A, 14 an act in relation to authorizing the 15 Commissioner of Transportation. 16 ACTING PRESIDENT BRESLIN: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Announce the results. 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 209, by Member of the Assembly Gabryszak, 5 Assembly Print Number 3910A, an act to amend 6 the Election Law, in relation to special 7 ballots. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 3. 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, 61. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 217, by Senator Serrano -- 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 THE SECRETARY: Calendar Number 2 265, by Senator Thompson, Senate Print 3025, 3 an act to amend the Navigation Law, in 4 relation to reporting policies and procedures. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first of April. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Ayes, 60. Nays, 15 1. Senator Maziarz recorded in the negative. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 274, by Senator Huntley, Senate Print 6683, an 20 act to amend Part R2 of Chapter 62 of the Laws 21 of 2003, amending the Mental Hygiene Law and 22 the State Finance Law. 23 ACTING PRESIDENT BRESLIN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT BRESLIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT BRESLIN: 6 Announce the results. 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT BRESLIN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 277, by Senator Breslin, Senate Print 6455, an 12 act to amend Chapter 105 of the Laws of 2009 13 amending Chapter 693 of the Laws of 1980. 14 ACTING PRESIDENT BRESLIN: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BRESLIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT BRESLIN: 23 Announce the results. 24 THE SECRETARY: Ayes, 60. Nays, 25 1. Senator Lanza recorded in the negative.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is passed. 3 Senator Klein, that completes the 4 reading of the noncontroversial calendar. 5 SENATOR KLEIN: Mr. President, on 6 behalf of Senator Smith, I hand up the 7 following committee notice and ask that it be 8 filed in the Journal. 9 ACTING PRESIDENT BRESLIN: So 10 ordered. 11 SENATOR KLEIN: Mr. President, is 12 there any further business at the desk? 13 ACTING PRESIDENT BRESLIN: 14 Senator Klein, the desk is clear. 15 SENATOR KLEIN: There being no 16 further business, Mr. President, I move that 17 we adjourn until Tuesday, March 23rd, at 18 3:00 p.m. 19 ACTING PRESIDENT BRESLIN: There 20 being no further business to come before the 21 Senate, on motion, the Senate stands adjourned 22 until Tuesday, March 23rd, at 3:00 p.m. 23 (Whereupon, at 5:25 p.m., the 24 Senate adjourned.) 25

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