Monday, April 26, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 26, 2010 11 3:40 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DIANE SAVINO, 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 SAVINO: The 3 Senate will please come to order. 4 I ask everyone present to rise with 5 me and recite the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT SAVINO: In the 9 absence of clergy, may we all bow our heads in 10 a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT SAVINO: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Sunday, April 25, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 April 24, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT SAVINO: Without 22 objection, the Journal stands approved as 23 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: Madam President, 9 on behalf of Senator Oppenheimer, on page 10 number 17 I offer the following amendments to 11 Calendar Number 278, Senate Print Number 6868, 12 and I ask that said bill retain its place on 13 Third Reading Calendar. 14 ACTING PRESIDENT SAVINO: So 15 ordered. 16 SENATOR KLEIN: Madam President, 17 on behalf of Senator Andrea Stewart-Cousins, 18 on page number 18 I offer the following 19 amendments to Calendar Number 315, Senate 20 Print Number 7129A, and ask that said bill 21 retain its place on Third Reading Calendar. 22 ACTING PRESIDENT SAVINO: So 23 ordered. 24 SENATOR KLEIN: Madam President, 25 on behalf of Senator Craig Johnson, I wish to

Candyco Transcription Service, Inc. 1 call up Calendar Number 214, Assembly Print 2 Number 6484A. 3 ACTING PRESIDENT SAVINO: The 4 Secretary will read the title of the bill. 5 THE SECRETARY: Calendar Number 6 214, by Member of the Assembly Latimer, 7 Assembly Print Number 6484A, an act to amend 8 the Public Officers Law. 9 SENATOR KLEIN: I now move to 10 reconsider the vote by which this Assembly 11 bill was substituted for my bill, Senate Print 12 Number 6134A, on March 17, 2010. 13 ACTING PRESIDENT SAVINO: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT SAVINO: Senator 19 Klein. 20 SENATOR KLEIN: I now move that 21 Assembly Bill Number 6484A be recommitted to 22 the Committee on Investigations and the Senate 23 bill be restored to the order of Third Reading 24 Calendar. 25 ACTING PRESIDENT SAVINO: So

Candyco Transcription Service, Inc. 1 ordered. 2 SENATOR KLEIN: I now offer the 3 following amendments. 4 ACTING PRESIDENT SAVINO: The 5 amendments are received. 6 SENATOR KLEIN: Madam President, 7 on behalf of Senator Thompson, I wish to call 8 up Print Number 6047A, recalled from the 9 Assembly, which is now at the desk. 10 ACTING PRESIDENT SAVINO: The 11 Secretary will read the title of the bill. 12 THE SECRETARY: Calendar Number 13 401, by Senator Thompson, Senate Print 6047A, 14 an act to amend the Environmental Conservation 15 Law. 16 SENATOR KLEIN: I now move to 17 reconsider the vote by which this bill was 18 passed. 19 ACTING PRESIDENT SAVINO: The 20 Secretary will call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT SAVINO: Senator 24 Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 I would ask that the reprinted Senate bill 2 have its third reading at this time. 3 ACTING PRESIDENT SAVINO: The 4 bill will be placed on the Third Reading 5 Calendar. 6 SENATOR KLEIN: Madam President, 7 I wish to call up Print Number -- 8 ACTING PRESIDENT SAVINO: Senator 9 Klein, one second. 10 The Secretary will read the last 11 section of Calendar Number 401. 12 THE SECRETARY: Section 5. This 13 act shall take effect Immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT SAVINO: The 19 bill is passed. 20 Senator Klein. 21 SENATOR KLEIN: Madam President, 22 I wish to call up Print Number 3593B, recalled 23 from the Assembly, which is now at the desk. 24 ACTING PRESIDENT SAVINO: The 25 Secretary will read the title of the bill.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 297, by Senator L. Krueger, Senate Print 3 3593B, an act to amend the Environmental 4 Conservation Law. 5 SENATOR KLEIN: Madam President, 6 I now move to reconsider the vote by which 7 this bill was passed. 8 ACTING PRESIDENT SAVINO: The 9 Secretary will call the roll on 10 reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 SENATOR KLEIN: Madam President, 14 I now offer the following amendments. 15 ACTING PRESIDENT SAVINO: 16 Amendments received. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 I believe there are substitutions at the desk. 20 I ask that we make the substitutions at this 21 time. 22 ACTING PRESIDENT SAVINO: The 23 Secretary will read. 24 THE SECRETARY: On page 25, 25 Senator Foley moves to discharge, from the

Candyco Transcription Service, Inc. 1 Committee on Aging, Assembly Bill Number 3397 2 and substitute it for the identical Senate 3 Bill Number 4981, Third Reading Calendar 398. 4 ACTING PRESIDENT SAVINO: 5 Substitution ordered. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 I believe there's a resolution at the desk by 9 Senator Breslin. I ask that the resolution be 10 read in its entirety and move for its 11 immediate adoption and give Senator Breslin a 12 chance to speak on his resolution. 13 ACTING PRESIDENT SAVINO: Senator 14 Klein, has this resolution been deemed 15 privileged and submitted by the office of the 16 Temporary President? 17 SENATOR KLEIN: Yes, it has, 18 Mr. President. 19 ACTING PRESIDENT SAVINO: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Breslin, legislative resolution congratulating 23 the College of Saint Rose Women's Soccer Team 24 upon the occasion of their appearance in the 25 national semifinals of the 2009 NCAA Women's

Candyco Transcription Service, Inc. 1 College Soccer Championships. 2 "WHEREAS, Excellence and success in 3 competitive sports can be achieved only 4 through strenuous practice, team play and team 5 spirit, nurtured by dedicated coaching and 6 strategic planning; and 7 "WHEREAS, Athletic competition 8 enhances the moral and physical development of 9 the young people of this state, preparing them 10 for the future by instilling in them the value 11 of teamwork, encouraging a standard of healthy 12 living, imparting a desire for success, and 13 developing a sense of fair play and 14 competition; and 15 "WHEREAS, Attendant to such concern 16 and in full accord with its long-standing 17 traditions, this Legislative Body is justly 18 proud to congratulate the College of Saint 19 Rose Women's Soccer Team upon the occasion of 20 their appearance in the national semifinals of 21 the 2009 NCAA Women's College Soccer 22 Championships; and 23 "WHEREAS, The 2009 College of Saint 24 Rose Women's Soccer Team capped an 25 extraordinary season by appearing in the

Candyco Transcription Service, Inc. 1 national semifinals of the NCAA Women's 2 College Soccer Championships, losing in 3 overtime by a score of 3-2 to the eventual 4 undefeated national champions. This loss in 5 the semifinal game was the College of Saint 6 Rose team's only loss of the season; and 7 "WHEREAS, Compiling an outstanding 8 24-1-0 record for the year, the College of 9 Saint Rose Women's Soccer Team finished the 10 regular season with a perfect 18 and 0 record 11 and a Northeast Conference record of 15 and 0. 12 Its 24 consecutive wins set a College of Saint 13 Rose school season record, and 18 of these 14 wins were shutouts; and 15 "WHEREAS, The College of Saint Rose 16 Women's Soccer Team has appeared in seven NCAA 17 tournaments in the last eight years. Its 18 participation in the 2009 NCAA Final Four was 19 a repeat of its 2008 Final Four appearance; 20 and 21 "WHEREAS, Winner of four 22 consecutive Northeast-10 Conference Regular 23 Season Championships, the College of Saint 24 Rose Women's Soccer Team has won three 25 consecutive Northeast-10 Conference Tournament

Candyco Transcription Service, Inc. 1 Championships. It was only the third team in 2 Northeast-10 Conference history to win three 3 consecutive postseason titles; and 4 "WHEREAS, The 2009 College of Saint 5 Rose Women's Soccer Team garnered numerous 6 National Soccer Coaches Association of America 7 (NSCAA) honors and awards, including Academic 8 All-America Team for nine consecutive years, 9 four All-American players, and two Academic 10 All-American players. The team also had a 11 Daktronics All-American player and a 12 CoSIDA/ESPN the Magazine Academic 13 All-American; and 14 "WHEREAS, In addition, the Golden 15 Knights of Saint Rose were NCAA statistical 16 leaders by placing second overall in save 17 percentage and win-loss percentage, as well as 18 third in overall goals against average and 19 fourth in shutout percentage. Its goalkeeper, 20 Susan Cowan, was the overall NCAA leader in 21 goals against percentage and save percentage; 22 and 23 "WHEREAS, The Athletic talent 24 displayed by the 2009 College of Saint Rose 25 Women's Soccer Team is due in great part to

Candyco Transcription Service, Inc. 1 the efforts of Head Coach Laurie Darling 2 Gutheil and Assistant Coaches Kailey Egbert, 3 Jason Gutheil, Matt Jones, Renae Ransdell, 4 Lauren Steinberg, and Mark Van Leuven, skilled 5 and inspirational tutors respected for their 6 ability to develop potential into excellence. 7 They have done a superb job in guiding, 8 molding and inspiring the 2009 College of 9 Saint Rose Women's Soccer Team members toward 10 their goals; and 11 "WHEREAS, Head Coach Laurie Darling 12 Gutheil was named the NSCAA Division II 13 National Coach of the Year. In her eight 14 years at the helm of the College of Saint Rose 15 Women's Soccer Team, she has compiled a 16 135-27-14 record to go along with the team's 17 Northeast-10 Conference Championships and NCAA 18 Tournament and Final Four appearances; and 19 "WHEREAS, The hallmarks of the 2009 20 College of Saint Rose Women's Soccer Team, 21 from the opening game of the season to its 22 Northeast-10 Conference and Tournament 23 Championships and NCAA Tournament Final Four 24 appearance were a sisterhood of athletic 25 ability, of good sportsmanship, of honor and

Candyco Transcription Service, Inc. 1 of scholarship, demonstrating that these team 2 players are second to none; and 3 "WHEREAS, Athletically and 4 academically, the 2009 College of Saint Rose 5 Women's Soccer Team members have proven 6 themselves to be an unbeatable combination of 7 talents, reflecting favorably on the College 8 of Saint Rose; and 9 "WHEREAS, Sports competition 10 instills the values of teamwork, pride and 11 accomplishment, and Head Coach Laurie Darling 12 Gutheil and her assistant coaches, and the 13 2009 College of Saint Rose Women's Soccer 14 Team's outstanding athletes have clearly made 15 a contribution to the spirit of excellence 16 which is a tradition of their college; now, 17 therefore, be it 18 "RESOLVED, That this Legislative 19 Body pause in its deliberations to 20 congratulate the College of Saint Rose Women's 21 Soccer Team, its members -- Deanna Esposito, 22 Shannon Murphy, Susan Cowan, Lizzie Shegda, 23 Kira Duran, Courtenay Gannon, Katlynn Knier, 24 Alex Sobchak, Kristen Bidosky, Christy-Lea 25 Smith, Molly Harpster, Kaitlyn Berry

Candyco Transcription Service, Inc. 1 (Captain), Nicola D'Errico, Amanda Deck 2 (Captain), Christina Cuffari, Katie Whiting 3 (Captain), Kimberly Morton, Derith Fernandes, 4 Jennifer Mansfield, Brittany Godin, Meagan 5 McKinney, Deanna Wachtel (Captain), Coco 6 Ebersole (Captain), Gianna D'Errico, Jaclyn 7 Evans, Caty Kirk Robins, Amanda Schweers, 8 Kelly Guerin, Alayna Shaw, Marisah Case, Carly 9 Pengelly, and Nicolle Burke -- Head Coach 10 Laurie Darling Gutheil and Assistant Coaches 11 Kailey Egbert, Jason Gutheil, Matt Jones, 12 Renae Ransdell, Lauren Steinberg, and Mark Van 13 Leuven, Head Trainer Karen Fischer and 14 Assistant Trainer Jessup Pierce on their 15 outstanding season, their Northeast-10 16 Conference and Tournament Championships, and 17 their NCAA Tournament Final Four 18 participation; and be it further 19 "RESOLVED, That copies of this 20 resolution, suitably engrossed, be transmitted 21 to the members of the 2009 College of Saint 22 Rose Women's Soccer Team, Head Coach Laurie 23 Darling Gutheil and Assistant Coaches Kailey 24 Egbert, Jason Gutheil, Matt Jones, Renae 25 Ransdell, Lauren Steinberg, and Mark Van

Candyco Transcription Service, Inc. 1 Leuven, and Head Trainer Karen Fischer and 2 Assistant Trainer Jessup Pierce." 3 ACTING PRESIDENT SAVINO: Senator 4 Breslin. 5 SENATOR BRESLIN: Thank you very 6 much, Madam President. 7 It's my honor to stand and 8 congratulate the Saint Rose Soccer Team. 9 They're joined upstairs by President Mark 10 Sullivan, their athletic director, Catherine 11 Haker, and of course their wonderful coach, 12 Laurie Darling Gutheil. 13 And really this soccer team has 14 begun a dynasty at Saint Rose. They've been 15 at the NCAA seven of the last eight years. 16 When I talked to them, there was only one 17 senior here today; the rest are underclassmen, 18 to be back. This year they went 24 and 1. 19 They won 24 straight games, finished 20 undefeated in their conference, and really 21 have set the standard, the standard in women's 22 Division II soccer. 23 They went to Florida undefeated and 24 lost, as you mentioned, lost to the eventual 25 champion in overtime by a 3-to-2 score.

Candyco Transcription Service, Inc. 1 And the most important part of it, 2 I think, from the president and the athletic 3 director's point of view would probably be 4 they do so well academically, an Academic 5 All-American Team, some of their players 6 having not only regular All-American status 7 but Academic All-American status. 8 And our hats are off to you for 9 such a wonderful season. You have made not 10 only the great Capital District, the City of 11 Albany proud, but the State of New York proud. 12 And I look forward to seeing you back here 13 next year as national champions. 14 Congratulations. 15 ACTING PRESIDENT SAVINO: Senator 16 Farley. 17 SENATOR FARLEY: Thank you, Madam 18 President. 19 Senator Breslin, I rise to support 20 you in your resolution, because the College of 21 Saint Rose, where both my wife is a graduate 22 and my daughter is a graduate, it's a school 23 that I contribute to financially every year. 24 It is not only a school of outstanding 25 athletic achievement, but also academic

Candyco Transcription Service, Inc. 1 achievement. 2 And, you know, what these young 3 women have done nationally with 24 and 1, and 4 with a class with only one senior -- they will 5 be back, Senator Breslin. And I can see that 6 they're going to be the national champions. 7 Let me just say this, how pleased 8 we are to have this magnificent school in our 9 area. You know, and also in the chamber with 10 us is the president, Mark Sullivan, who is so 11 admired throughout this nation and could be 12 going anywhere if he wanted, but he's made his 13 career at Saint Rose. And what a difference 14 he's made in that school, and how it has 15 blossomed. 16 And I really am so proud of 17 everything that they do, and I want to 18 congratulate this magnificent athletic team 19 and what they have accomplished and their 20 faculty and the staff, and my best wishes. 21 And we'll be looking forward to them coming 22 back next year. 23 Thank you, Madam President. 24 ACTING PRESIDENT SAVINO: Senator 25 Little.

Candyco Transcription Service, Inc. 1 SENATOR LITTLE: Thank you, Madam 2 President. And thank you, Senator Breslin, 3 for introducing this resolution. 4 I would like to add my 5 congratulations to the soccer team for making 6 the Final Four at Saint Rose ten times, and 7 for all that they've achieved this year. A 8 wonderful group of athletes, a great coach who 9 was named a Coach of the Year as well, and to 10 the president, Mark Sullivan. 11 As a graduate of the College of 12 Saint Rose, I am really proud of what you have 13 accomplished, and certainly putting the 14 College of Saint Rose name before many, many 15 people and attracting a lot of attention, 16 which we are very proud of. And we thank you 17 for your efforts. 18 Congratulations. 19 ACTING PRESIDENT SAVINO: Are 20 there any other Senators that wish to be heard 21 on the resolution? 22 Seeing none, the question is on the 23 resolution. All those in favor please signify 24 by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT SAVINO: The 5 resolution is adopted. 6 The College of Saint Rose Women's 7 Soccer Team is here in the chamber, and 8 they're accompanied by their award-winning 9 coach, Laurie Darling Gutheil. 10 Congratulations. 11 (Applause.) 12 ACTING PRESIDENT SAVINO: Senator 13 Klein. 14 SENATOR KLEIN: Madam President, 15 I believe there's a resolution at the desk by 16 Senator Serrano. I ask that the title of the 17 resolution be read and move for its immediate 18 adoption and allow Senator Serrano to speak on 19 his resolution. 20 ACTING PRESIDENT SAVINO: Senator 21 Klein, has this resolution been deemed 22 privileged and submitted by the office of the 23 Temporary President? 24 SENATOR KLEIN: Yes, it has, 25 Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Serrano, legislative resolution commemorating 5 the 225th anniversary of the birth of John 6 James Audubon, ornithologist, naturalist, and 7 painter, on April 26, 2010. 8 ACTING PRESIDENT SAVINO: Senator 9 Serrano. 10 SENATOR SERRANO: Thank you, 11 Madam President. 12 It's with great honor that we talk 13 about a person of such great distinction here 14 in the State of New York, John James Audubon, 15 who lived from April 26, 1785 until 16 January 27, 1851. 17 He was a French-American naturalist 18 and someone who worked a great deal to 19 promote, preserve, and to help foster the 20 natural wonders that we have here in the State 21 of New York. And as was mentioned, the 22 Audubon Society, which we all are aware of and 23 we all revere for their great work, was 24 founded in John James Audubon's honor. 25 And the Audubon Society's mission

Candyco Transcription Service, Inc. 1 is to conserve and restore natural ecosystems, 2 focusing on birds, other wildlife and their 3 habitats, for the betterment of humanity and 4 for the earth's biological diversity. They 5 provide various scientific and educational 6 programs on a national level, advocacy on 7 behalf of areas sustaining important bird 8 populations, and they also work with bird and 9 wildlife populations but also with energy and 10 water conservation, green construction, 11 sustainable living, responsible alternatives 12 to waste management. 13 So here we have a person who was 14 well ahead of their time. We talk so much now 15 about the need to preserve our great 16 environment. We talk so much in this chamber 17 and outside of this chamber about the need to 18 preserve our state parks. There's agreement 19 throughout this entire chamber and throughout 20 this Legislature on the importance of our 21 state parks, the transformative effect that 22 these wonderful parks have on our families, on 23 our communities, and on our individuals. 24 And we honor the legacy of John 25 James Audubon with that in mind, that as we

Candyco Transcription Service, Inc. 1 deal with and grapple with the financial 2 realities that we have here in the State of 3 New York, that we have this tremendous budget 4 shortfall that we are trying to deal with, but 5 we cannot lose sight of what is extremely 6 important: Our humanity. And that nature 7 goes hand in hand with everything that we do 8 every day. 9 And unfortunately, in the 10 day-to-day operations of our lives we 11 sometimes lose sight of the fact of how 12 organic our lives really are and how our place 13 in this ecosystem is very relevant. 14 So I think it's important that we 15 pause to honor John James Audubon for his work 16 on behalf of nature, wildlife, and the 17 environment, and that we also pause to give 18 gratitude to the work of the Audubon Society 19 and their work to promote ecotourism, 20 ecotourism being a major economic engine here 21 in the State of New York. Recent information 22 has shown that bird watching is increasing in 23 popularity throughout the state and that it is 24 becoming a very important driver in our 25 economy.

Candyco Transcription Service, Inc. 1 Our state parks, our natural 2 wonders, all create a major economic benefit 3 for our state, a five-to-one match -- $1 4 invested in nature and in our environment 5 yields a $5 reward in economic activity. Not 6 many investments would yield that kind of a 7 return. 8 So I am grateful to all my 9 colleagues for supporting this resolution, and 10 I open it up for all cosponsorship. 11 Thank you, Madam President. 12 ACTING PRESIDENT SAVINO: Senator 13 Marcellino. 14 SENATOR MARCELLINO: Thank you, 15 Madam President. 16 Thank you, Senator Serrano. I 17 appreciate the resolution, and I join you in 18 this resolution. 19 It is fantastic. It is great. 20 Audubon was way ahead of his time. Anybody 21 who has gone to museums of art and has seen 22 his paintings of birds and wildlife, they are 23 so lifelike you actually believe the critter 24 is right there in front of you, that you want 25 to reach out and touch it.

Candyco Transcription Service, Inc. 1 Audubon was truly ahead of his 2 time. He was not only a environmentalist, he 3 was a conservationist, which is what led to 4 the development of our park system. These 5 were places for people to go. These were not 6 places to be put aside, set aside, where 7 people couldn't go there and wouldn't be 8 allowed in them, to touch them, feel them, and 9 use them. 10 Audubon understood that 11 conservation of our natural resources was 12 important, but their use in a productive way 13 for either recreation or economics was 14 important to us as society. 15 That's why it is truly hard when we 16 look at our budgets and we look at our 17 resolutions in both houses and we note from 18 the Governor's presentation to us that there 19 are major cuts to these parks, that many are 20 being closed and many of them are being 21 understaffed so that they cannot be maintained 22 properly. 23 This is a loss to us. This is a 24 major loss to our society and a major loss to 25 our culture. These parks are places where

Candyco Transcription Service, Inc. 1 people in tough economic times can go and 2 recreate with their families, and we want them 3 to do just that. 4 They're a resource for us all. 5 They're a resource for the state. I have 6 several in my district. We were privileged to 7 create four new state parks in the Fifth 8 Senate District since I've been the Senator. 9 And we have many good ones, Planting Fields 10 and Caumsett and others in the district, and 11 especially on Long Island. They're great. 12 They're places for people to bring their 13 families and go and enjoy. 14 We should be and we must do all in 15 our power to make sure that these parks remain 16 open so that the public can access them, in 17 honor of Audubon and in honor of his thinking 18 and his forward-looking feelings towards 19 nature. 20 The Audubon Society is one of the 21 finest environmental groups and environmental 22 organizations that exists in our country 23 today. They're world-renowned because they 24 are nonpartisan and they are truly for the 25 environment, they are truly for the

Candyco Transcription Service, Inc. 1 preservation and protection of our environment 2 and our natural resources. 3 So, Senator, I join you 4 wholeheartedly in this resolution, and I thank 5 you for bringing it up. 6 ACTING PRESIDENT SAVINO: Are 7 there any other Senators wishing to be heard 8 on the resolution? 9 Seeing none, the question is on the 10 resolution. All those in favor signify by 11 saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT SAVINO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT SAVINO: The 17 resolution is adopted. 18 Senator Serrano has indicated that 19 the resolution is open for cosponsorship by 20 the entire house. Any Senator not wishing to 21 cosponsor please notify the desk. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 I believe there's a resolution at the desk by 25 Senator Sampson. I ask that the resolution be

Candyco Transcription Service, Inc. 1 read in its entirety and move for its 2 immediate adoption. 3 ACTING PRESIDENT SAVINO: Senator 4 Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Madam President. 9 ACTING PRESIDENT SAVINO: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Sampson, legislative resolution commending the 13 Jewish Community Relations Council of New York 14 upon the occasion of its Gala Dinner on 15 April 27, 2010. 16 "WHEREAS, It is the sense of this 17 Legislative Body to recognize that the quality 18 and character of life in the communities 19 across New York State are reflective of the 20 concerned and dedicated efforts of 21 organizations and individuals who devote 22 themselves to the welfare of the community and 23 its citizenry; and 24 "WHEREAS, Attendant to such 25 concern, and in full accord with its

Candyco Transcription Service, Inc. 1 long-standing traditions, it is the sense of 2 this Legislative Body to commend the Jewish 3 Community Relations Council of New York upon 4 the occasion of its Gala Dinner, to be held on 5 Tuesday, April 27, 2010, at The Pierre in 6 New York City; and 7 "WHEREAS, As the Jewish Community 8 Relations Council celebrates its tradition of 9 bridging communities and their needs at its 10 Gala Dinner, it will honor Bennett W. Golub, 11 Ph.D., of BlackRock, with its Continuing 12 Legacy Award; Jeffrey E. Levine and Benjamin 13 J. Levine, of Levine Builders and Douglaston 14 Development, will receive the Generation to 15 Generation Award; and H. Mitsy Wilson, of the 16 News Corporation, is the recipient of the 17 Corporate Diversity Award; and 18 "WHEREAS, Outside Israel, New York 19 is home to the largest Jewish population in 20 the world. From the boroughs of New York City 21 to the communities of the far-reaching 22 New York metropolitan area, the Jewish 23 community embraces a rich mix of populations, 24 each with its own interests and concerns; and 25 "WHEREAS, The Jewish Community

Candyco Transcription Service, Inc. 1 Relations Council, comprised of 60 Jewish 2 organizations -- from local chapters of 3 national, civic, communal, educational and 4 religious agencies to neighborhood-based 5 community councils -- has, through decades of 6 constructive involvement, represented these 7 interests with action and effective 8 programming; and 9 "WHEREAS, The Jewish Community 10 Relations Council of New York (JCRC-NY), 11 founded in 1976, serves as the central 12 coordinating and resource body for the Jewish 13 community in the metropolitan New York area in 14 the community relations field and continues to 15 work to meet the growing demands placed upon 16 it as an active force in New York civic and 17 communal life; and 18 "WHEREAS, The JCRC-NY operates as a 19 coordinating body with its member 20 organizations to foster joint and cooperative 21 action among its members to promote equality 22 of opportunity and full civil rights and civil 23 liberties for Jewish and all other racial, 24 religious and ethnic groups in New York, 25 encourage amicable relationships and mutual

Candyco Transcription Service, Inc. 1 understanding and respect among the various 2 groups in New York, and help create and 3 maintain conditions conducive to encouraging 4 the continuity and vitality of Jewish living 5 in a pluralistic society; and 6 "WHEREAS, It also works to protect 7 and strengthen the rights and interests of the 8 Jewish community in New York, combat 9 anti-Semitism and every other form of racism 10 or group prejudice, develop an intelligent and 11 effective public opinion within and outside 12 the Jewish community on Jewish community 13 relations issues, problems, concerns and 14 commitments, and to provide for Jewish 15 communal leadership to exchange views with key 16 local, national and global public officials 17 and opinion-molders; and 18 "WHEREAS, Central to the focus of 19 the JCRC-NY are matters of concern to the 20 Jewish community in the New York metropolitan 21 area, including local matters, regional and 22 national issues, and community-relations 23 activities related to Israel and other 24 international Jewish concerns; and 25 "WHEREAS, As a representative

Candyco Transcription Service, Inc. 1 organization of New York's diverse Jewish 2 community, the agenda of the JCRC-NY is 3 comprised of Jewish activities, issues, and 4 programs reflecting the concerns, needs, and 5 aspirations of the community, local, national 6 and international events, the concerns of its 7 member organizations, and directives from 8 national organizations to help shape 9 priorities; and 10 "WHEREAS, For the past three 11 decades, JCRC-NY has been proud to be the 12 voice of metropolitan New York's Jewish 13 community, representing the Jewish community 14 to governmental officials, other ethnic and 15 religious communities, as well as the news 16 media, and has also initiated local community 17 coalitions focusing on health services and 18 special needs of the aging, emigres, and 19 youth; and 20 "WHEREAS, Applauding the strength 21 of its commitment and the benefit of its 22 service, it is the sense of this Legislative 23 Body to extend its highest commendation to the 24 Jewish Community Relations Council of New York 25 upon the occasion of its 2010 Gala Dinner as

Candyco Transcription Service, Inc. 1 it honors its noble history and plans with 2 vision and purpose for the challenges of the 3 future; now, therefore, be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to commend the 6 Jewish Community Relations Council of New York 7 upon the occasion of its Gala Dinner on 8 April 27, 2010; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to the Jewish Community Relations Council of 12 New York and to the honorees of the evening." 13 ACTING PRESIDENT SAVINO: Senator 14 Craig Johnson. 15 SENATOR CRAIG JOHNSON: Thank you 16 very much, Madam President. I rise to support 17 this resolution. 18 I first want to commend Senator 19 John Sampson, the sponsor of this resolution. 20 I want to commend the honorees who 21 the JCRC-NY is honoring at their gala event -- 22 Bennett Golub and Jeffrey and Benjamin Levine 23 of the Levine Builders and Douglaston 24 Development, as well as H. Mitsy Wilson -- all 25 four of them deserving of the honors being

Candyco Transcription Service, Inc. 1 bestowed upon them by the JCRC. 2 Let me say this in addition. I 3 think it's extremely appropriate that today we 4 are honoring the Jewish Community Relations 5 Council, the JCRC, with this resolution. As 6 you may recall, last week we honored the 62nd 7 anniversary of the founding of the nation of 8 Israel, and a number of us talked about the 9 strong relationship between this state and its 10 citizenry with the nation of Israel and its 11 citizens. Well, the strength of that 12 relationship in large part is due to the 13 efforts of groups like the JCRC that serves to 14 educate government leaders, community leaders, 15 about the importance of a strong, democratic 16 Israel. 17 And what the JCRC does which is 18 very important is to help combat 19 anti-Semitism. Anti-Semitism that, ladies and 20 gentlemen of this body, exists to this day in 21 New York State and in our districts. Just 22 this past summer, or last summer, there was an 23 anti-Semitic involving one of my synagogues, a 24 Chabad House in my district, that saw 25 swastikas spray-painted on its doors.

Candyco Transcription Service, Inc. 1 If that's occurring in any of our 2 districts, clearly the work of the JCRC needs 3 to be continued. And it will be continued, 4 because of the support it receives from this 5 body and from the Assembly as well as other 6 leaders here in New York State. 7 So again, I want to thank Senator 8 Sampson for his sponsorship of this 9 resolution. I want to thank the men and women 10 who work for the JCRC who do such a fantastic 11 job in promoting a strong, strong Israel-New 12 York relationship. 13 Thank you very much, Madam 14 President. 15 ACTING PRESIDENT SAVINO: Are 16 there any other Senators wishing to be heard 17 on this resolution? Seeing none, the question 18 is on the resolution. All those in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT SAVINO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT SAVINO: The 25 resolution is adopted.

Candyco Transcription Service, Inc. 1 Senator Sampson has indicated this 2 resolution is open for cosponsorship by all 3 the members of the house. Any Senator not 4 wishing to be listed as a cosponsor please 5 notify the desk. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 I believe there's a resolution at the desk by 9 Senator Parker. I move that the resolution be 10 read in its entirety and move for its 11 immediate adoption. 12 ACTING PRESIDENT SAVINO: Senator 13 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 Madam President. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Parker, legislative resolution commemorating 22 the 17th anniversary of the death of Cesar E. 23 Chavez, United Farm Workers crusader. 24 "WHEREAS, Our nation is a symbol of 25 democracy, peace, freedom and justice, born

Candyco Transcription Service, Inc. 1 out of the many men and women who have fought 2 for and died to preserve it; and 3 "WHEREAS, Attendant to such 4 concern, and in full accord with its 5 long-standing traditions, it is the sense of 6 this Legislative Body to join with the 7 Mexican-American community in commemorating 8 the 17th anniversary of the death of Cesar E. 9 Chavez, United Farm Workers crusader; and 10 "WHEREAS, The purpose of this 11 commemoration is to preserve the life and 12 legacy which Cesar E. Chavez left behind, not 13 only for the farm workers in the United States 14 but also to all those who believe in the 15 nonviolent struggle for civil rights and human 16 dignity; and 17 "WHEREAS, Cesar E. Chavez, of 18 humble origins and of Mexican parentage, was 19 born in Yuma, Arizona, and was raised in the 20 midst of the farms which many Mexicans tilled 21 and worked for in bringing agricultural 22 products to our tables; and 23 "WHEREAS, Cesar Chavez was known 24 for his keen leadership style, his nonviolent 25 stance, and his constant struggle to protect

Candyco Transcription Service, Inc. 1 the rights of farm workers in California and 2 throughout the United States; and 3 "WHEREAS, Between 1952 and 1962, 4 Cesar Chavez worked for the Community Services 5 Organization. When they refused to organize 6 farm workers in 1962, he left and cofounded 7 the United Farmers Union with Dolores Huerta. 8 The bylaws were approved by the AFL-CIO in 9 1966; and 10 "WHEREAS, Cesar Chavez represents, 11 for many people, a humble role model and, at 12 the same time, demonstrates powerful 13 convictions. His boycotts of grapes and other 14 products raised consciousness about the life 15 and struggles of farm workers, their needs and 16 desires for a quality of life and education; 17 and 18 "WHEREAS, Cesar Chavez's motto 'Si 19 Se Pueda,' translated 'Yes We Can,' is a 20 reflection of his commitment; and 21 "WHEREAS, Like Mahatma Gandhi and 22 Martin Luther King, Jr., Cesar Chavez believed 23 in and carried out his struggle adhering to 24 the principles of nonviolence. His many acts 25 of protest, and particularly fasting, served

Candyco Transcription Service, Inc. 1 to unify the workers, alert America to the 2 dangerous of pesticides, and stimulate the 3 conscience and support of many in our nation; 4 and 5 "WHEREAS, The family of the State 6 of New York commemorates and honors Cesar 7 Chavez as a champion of democracy and human 8 rights. His legacy remains in the hearts and 9 minds of many, but not nearly as much as in 10 the workers and members of the United Farm 11 Workers of America, which he founded and has 12 since his death on April 23, 1993, grown from 13 20,000 members to approximately 27,000 14 members; and 15 "WHEREAS, It is fitting that 16 New York, with a history rich in campaigns and 17 battles for civil, labor and human rights, 18 joins in honoring a great leader, Cesar E. 19 Chavez; now, therefore, be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to commemorate 22 the 17th anniversary of the death of Cesar E. 23 Chavez, United Farm Workers crusader; and be 24 it further 25 "RESOLVED, That copies of this

Candyco Transcription Service, Inc. 1 resolution, suitably engrossed, be transmitted 2 to the family of Cesar E. Chavez and to the 3 Cesar E. Chavez Foundation." 4 ACTING PRESIDENT SAVINO: Are 5 there any Senators wishing to be heard on the 6 resolution? 7 Seeing none, the question is on the 8 resolution. All those in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT SAVINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT SAVINO: The 15 resolution is adopted. 16 Senator Parker has indicated that 17 he would like to open the resolution up for 18 cosponsorship to the entire house. Any 19 Senator wishing not to be on the resolution 20 please notify the desk. 21 Senator Klein. 22 SENATOR KLEIN: Madam President, 23 there will be an immediate meeting of the 24 Finance Committee, followed by an immediate 25 meeting of the Rules Committee, in the

Candyco Transcription Service, Inc. 1 Majority Conference Room, Room 332. 2 Pending the return of the Rules 3 Committee, may we please stand at ease. 4 ACTING PRESIDENT SAVINO: There 5 will be an immediate meeting of the Finance 6 Committee, followed by an immediate meeting of 7 the Rules Committee in Room 332. 8 Pending the return of the Rules 9 Committee, the Senate will stand at ease. 10 (Whereupon, the Senate stood at 11 ease at 4:15 p.m.) 12 (Whereupon, the Senate reconvened 13 at 5:21 p.m.) 14 ACTING PRESIDENT SAVINO: Senator 15 Klein. 16 SENATOR KLEIN: Madam President, 17 I believe there's a report of the Rules 18 Committee at the desk. 19 I move that we adopt the report at 20 this time. 21 ACTING PRESIDENT SAVINO: There 22 is a report of the Rules Committee at the 23 desk. 24 The Secretary will read. 25 THE SECRETARY: Senator Smith,

Candyco Transcription Service, Inc. 1 from the Committee on Rules, reports the 2 following bills. 3 Senate Print 7605, by the Committee 4 on Rules, an act making appropriations for the 5 support of government; 6 And Senate Print 7606, by the 7 Senate Committee on Rules, an act to amend 8 Part RR of Chapter 57 of the Laws of 2008 9 providing for the administration of certain 10 funds and accounts. 11 Both bills ordered direct to third 12 reading. 13 ACTING PRESIDENT SAVINO: All 14 those in favor of adopting the Rules Committee 15 report please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT SAVINO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT SAVINO: The 21 Rules Committee report is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 at this time can we please go to a reading of 25 the calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 180, by Senator Stewart-Cousins, Senate Print 5 6720, an act to amend the Local Finance Law. 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT SAVINO: There 8 is a home-rule message at the desk. 9 The bill is laid aside. 10 THE SECRETARY: Calendar Number 11 190, by Member of the Assembly Brodsky, 12 Assembly Print Number 4467A, an act to amend 13 the Election Law and others. 14 ACTING PRESIDENT SAVINO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT SAVINO: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 285, by Senator Stachowski, Senate Print 6833, 23 an act to amend the Local Finance Law. 24 ACTING PRESIDENT SAVINO: There 25 is a home-rule message at the desk.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT SAVINO: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 286, by Senator Thompson, Senate Print 6862, 9 an act to amend the Local Finance Law. 10 ACTING PRESIDENT SAVINO: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT SAVINO: The 21 bill is laid aside. 22 SENATOR LIBOUS: Excuse me, Madam 23 President. What happened to Calendar 278? 24 ACTING PRESIDENT SAVINO: Senator 25 Libous, Calendar Number 278 was laid aside by

Candyco Transcription Service, Inc. 1 the sponsor because it's being amended. 2 SENATOR LIBOUS: Thank you. 3 ACTING PRESIDENT SAVINO: The 4 Secretary will continue to read. 5 THE SECRETARY: Calendar Number 6 301, by Member of the Assembly Scarborough, 7 Assembly Print Number 8418, an act to amend 8 the Family Court Act and the Social Services 9 Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 301 are 19 Senators DeFrancisco, Flanagan, Golden, 20 Griffo, Ranzenhofer, Saland, Seward, Winner 21 and Young. Also Senator Maziarz. Also 22 Senator Leibell. 23 Ayes, 50. Nays, 11. 24 ACTING PRESIDENT SAVINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 360, by Senator Serrano, Senate Print 6673, an 5 act to amend the Economic Development Law. 6 ACTING PRESIDENT SAVINO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 180th day. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: Senator 14 Bonacic, to explain his vote. 15 SENATOR BONACIC: Thank you, 16 Madam President. 17 This legislation I supported last 18 year; I supported it this year. But I just 19 think, when we have this fiscal crisis, it's 20 just -- the timing is not appropriate. And 21 I've been a cosponsor on this legislation. 22 But when we see this fiscal crisis deepening 23 day to day, week to week, this is an 24 expenditure we probably should not have to 25 spend at this time.

Candyco Transcription Service, Inc. 1 And, finally, that there are other 2 ways to promoting agritourism, by using the 3 existing websites that we have both in 4 agriculture and tourism. 5 For that reason, I'm going to vote 6 no. Thank you, Madam President. 7 ACTING PRESIDENT SAVINO: Senator 8 Young, to explain her vote. 9 SENATOR YOUNG: Thank you, Madam 10 President. 11 As everyone here knows, I'm a very 12 strong supporter of agriculture. But now is 13 not the right time to do this particular piece 14 of legislation. We already have tourism funds 15 being deeply cut through the state budget. 16 And on top of it, we have critical 17 agricultural programs like the Integrated Pest 18 Management Program, New York State Apple 19 Growers Association, the Wine and Grape 20 Foundation, that are being slashed to the 21 bone. Many of them are being taken down to 22 zero. 23 So if we have to look at priorities 24 right now, we should be looking at restoring 25 those programs instead of putting in something

Candyco Transcription Service, Inc. 1 new. Which, by the way, was vetoed by the 2 Governor last year. 3 ACTING PRESIDENT SAVINO: Senator 4 Nozzolio, to explain his vote. 5 SENATOR NOZZOLIO: Thank you, 6 Madam President. 7 Madam President and my colleagues, 8 I rise to reluctantly oppose this measure, 9 precisely for the reasons articulated by 10 Senator Young. That the applied agriculture 11 research done at the Cornell University 12 Experiment Station in Geneva, including the 13 Integrated Pest Management Program that is 14 housed in that facility, has done great work 15 for New York agriculture. To see those 16 projects slashed and cut and eliminated at 17 this time will certainly severely hurt farmers 18 across this state. 19 That's why the resources deployed 20 for this particular program, albeit a good 21 program, needs to be redirected so that the 22 real hard-nosed applied research for New York 23 agriculture can be continued. 24 Thank you, Madam President. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Saland, to explain his vote. 2 SENATOR SALAND: Thank you, Madam 3 President. 4 Madam President, I've had the good 5 fortune of enjoying every year since its 6 inception the Circle of Friends Award that the 7 Farm Bureau provides, and it's something which 8 I take great pride in. And I under normal 9 circumstances would welcome the opportunity of 10 voting for this bill. 11 I believe we have seen this bill in 12 a prior iteration, and it was vetoed. And the 13 reason it was vetoed was because of the fact 14 that there was no appropriation covering it. 15 And I don't believe there's an appropriation 16 to cover it at this time. 17 And as several of my colleagues 18 have previously mentioned, in an environment 19 in which we have a $9-plus-billion deficit and 20 there's no provision in the budget for this, I 21 suspect this bill will be treated, should it 22 ultimately get to the Governor's desk -- I'm 23 not sure if this is a substitution -- in the 24 same fashion that it was treated previously. 25 I've seen bills vetoed for far lesser amounts.

Candyco Transcription Service, Inc. 1 When we're slashing local 2 assistance, such as to the "I Love New York" 3 program, I think this sort of defies any 4 realistic expectations. And I certainly 5 can't, in this current crisis, support a 6 measure which has no appropriation attached to 7 it. And I will be voting in the negative. 8 Thank you. 9 ACTING PRESIDENT SAVINO: Senator 10 Farley, to explain his vote. 11 SENATOR FARLEY: Yes, Madam 12 President. I rise, unfortunately, to vote 13 against this bill. I don't think I've ever 14 voted against very much farm legislation. 15 And the purpose of it is good. But 16 let's look, when we're closing parks and 17 campgrounds and everything else -- and, you 18 know, I've been around for a long time. When 19 I see a bill that's been vetoed -- and in this 20 financial situation that we're in right now, 21 this is certainly veto-bait again. 22 I think it's a ridiculous to vote 23 for this bill, and I urge everybody to vote 24 against it. We cannot afford this right now. 25 ACTING PRESIDENT SAVINO: Are

Candyco Transcription Service, Inc. 1 there any other Senators wishing to explain 2 their vote? 3 Announce the results. 4 THE SECRETARY: In relation to 5 Calendar Number 360, those recorded in the 6 negative are Senators Alesi, Bonacic, 7 DeFrancisco, Farley, Flanagan, Fuschillo, 8 Golden, Griffo, Hannon, O. Johnson, Lanza, 9 Larkin, LaValle, Leibell, Libous, Little, 10 Marcellino, Maziarz, McDonald, Nozzolio, 11 Padavan, Ranzenhofer, Robach, Saland, Seward, 12 Skelos, Volker, Winner and Young. 13 Ayes, 32. Nays, 29. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 378, by Senator Klein, Senate Print 5896C, an 20 act to amend the Real Property Law. 21 ACTING PRESIDENT SAVINO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT SAVINO: Senator 4 Klein, to explain your vote. 5 SENATOR KLEIN: Thank you, Madam 6 President. 7 Many of you may recall that the 8 last package of subprime lending bills we 9 passed earlier in the year included a 10 provision that banned any upfront fees for 11 loan modification. Well, I think this 12 legislation goes one step further and finally 13 puts out of business those people known as 14 distressed property consultants. 15 Everyone probably knows, if they 16 listen to the radio or look at different types 17 of print advertising, these individuals claim 18 that if you give them a certain amount of 19 money or money after the fact, they will 20 modify your mortgage, prevent foreclosure and 21 keep you in your home. 22 It's nothing but nonsense. It's a 23 sham. I wouldn't be surprised if the same 24 people who sold these loans to people, the 25 subprime mortgages that many couldn't afford,

Candyco Transcription Service, Inc. 1 are the same people who now hold themselves 2 out as loan modification experts. 3 This legislation is very simple. 4 We now would require a disclaimer in any 5 advertisement clearly stating that the 6 services provided can be provided for free by 7 a licensed counselor which is approved by HUD 8 as well as the New York State Banking 9 Department. It would also include the 10 toll-free number of the Banking Department 11 that an individual can call to help save their 12 home or modify their mortgage. 13 Again, I think our purpose here 14 certainly is not to have people who are in a 15 very desperate situation give their 16 hard-earned money to somebody who isn't going 17 to do anything for them. But I think our 18 purpose should be to keep the American dream 19 of homeownership alive for this generation and 20 future generations. 21 ACTING PRESIDENT SAVINO: Senator 22 Farley. 23 SENATOR FARLEY: Thank you. I 24 rise in support of this, Senator Klein. 25 The major subprime bill that was

Candyco Transcription Service, Inc. 1 passed a while back was my legislation and 2 became a model for the whole country. 3 But I'll tell you what. This is 4 one area that needs a little bit more looking 5 at. Some of these people that are involved in 6 this business certainly are suspect, to say 7 the least. 8 And I think that this is a good 9 piece of legislation, and one that really 10 monitors this area, which needs looking at 11 because they've been taking advantage of an 12 awful lot of people who have some problems 13 with their mortgages. 14 And I recommend a yes vote. 15 ACTING PRESIDENT SAVINO: Senator 16 L. Krueger, to explain her vote. 17 SENATOR LIZ KRUEGER: Thank you, 18 Madam President. 19 Well, I'm glad we found a bill that 20 across the aisle we all agree is an important 21 bill. And thank you, Senator Klein. I'm glad 22 to be a cosponsor on this bill. 23 I also think it's timely that we're 24 passing this bill today because a report just 25 came out showing that New York State ranks

Candyco Transcription Service, Inc. 1 number two in mortgage fraud in the country. 2 And unfortunately, our numbers have been 3 getting worse instead of better. 4 The rate at which there is false 5 information filed by companies assisting 6 people with mortgages has been growing. 7 There's been a now 26 percent increase in 8 incidents of fraud in mortgage reporting as 9 compared to 2008. Specifically, there's been 10 an increase in fraud by companies who work 11 with people trying to refinance mortgages and 12 filing specific false information. 13 So I agree with my Senator from 14 across the aisle, Senator Farley, that more 15 needs to be done. This is an important step. 16 But as we are learning throughout this 17 country, that we haven't done enough yet to 18 make sure that when people are in the business 19 of providing mortgages, when people are in the 20 business of assisting those who believe they 21 have a problem with their mortgage or are 22 facing foreclosure, frankly the government 23 isn't done yet with the need to improve 24 oversight and monitoring and licensing and, 25 frankly, getting the bad apples out of the

Candyco Transcription Service, Inc. 1 business. 2 So I'm pleased to be voting yes, 3 Madam President. 4 ACTING PRESIDENT SAVINO: Any 5 other Senators wishing to explain their vote? 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 378 are 9 Senators Flanagan and Lanza. 10 Ayes, 59. Nays, 2. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Calendar Number 16 381, by Senator Perkins, Senate Print 6066A, 17 an act to amend the Alcoholic Beverage Control 18 Law. 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT SAVINO: The 21 bill is laid aside. 22 Senator Klein, that completes the 23 reading of the noncontroversial calendar. 24 SENATOR KLEIN: Madam President, 25 at this time can we please go to a reading of

Candyco Transcription Service, Inc. 1 the controversial calendar. 2 ACTING PRESIDENT SAVINO: The 3 Secretary will ring the bell. 4 Members are all asked to come to 5 the chamber for the reading of the 6 controversial calendar. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 180, by Senator Stewart-Cousins, Senate Print 10 6720, an act to amend the Local Finance Law. 11 SENATOR LIBOUS: Explanation. 12 ACTING PRESIDENT SAVINO: Senator 13 Stewart-Cousins, an explanation has been 14 requested. 15 SENATOR STEWART-COUSINS: Yes, 16 thank you, Madam President. 17 This bill will enable the City of 18 Yonkers to extend for another year its ability 19 to go into the private sector in order to get 20 the best bond rates possible. 21 This is no different from the 22 rate -- excuse me. May I have some order in 23 the chamber, please? 24 ACTING PRESIDENT SAVINO: Can we 25 please have some order in the chamber so

Candyco Transcription Service, Inc. 1 Senator Stewart-Cousins can continue 2 explaining her bill. 3 SENATOR STEWART-COUSINS: Thank 4 you, Madam President. 5 This city's bonding authority will 6 expire on June 30th of this year. This 7 particular bill is no different from the bill 8 that we passed in 1998, 2000, 2002, 2003, 9 2004, 2005, 2006 and 2007, unanimously. 10 The city's bond rating is BAA-2. 11 It needs an underwriter in order to be able to 12 find the best rates for its bonds. It 13 requires the bonding because there's about 14 $14 million in certioraris that need to be 15 paid. There are capital improvements, and 16 there are several things that the city needs. 17 There are short-term notes that the city wants 18 to convert into long-term notes. 19 There are serious financial 20 problems in the City of Yonkers, and so this 21 would help them to, again, get the best 22 possible interest rate when they go out for 23 bonds. 24 ACTING PRESIDENT SAVINO: Are 25 there any other Senators wishing to be heard

Candyco Transcription Service, Inc. 1 on the bill? 2 Hearing none, the debate is closed. 3 The Secretary will please ring the bells. 4 There is a home-rule message at the 5 desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: In relation to 15 Calendar Number 180, recorded in the negative: 16 Senators Hannon and Skelos. 17 Absent from voting: Senator 18 Golden. 19 Ayes, 58. Nays, 2. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 I would please remind all of the 23 members to remain in the chamber so we can 24 complete the controversial calendar. 25 The Secretary will continue to

Candyco Transcription Service, Inc. 1 read. 2 THE SECRETARY: Calendar Number 3 190, by Member of the Assembly Brodsky, 4 Assembly Print Number 4467A, an act to amend 5 the Election Law, the Labor Law, and the 6 Education Law. 7 SENATOR LIBOUS: Explanation. 8 ACTING PRESIDENT SAVINO: Senator 9 Dilan, an explanation has been requested. 10 SENATOR DILAN: Yes, Madam 11 President. 12 This piece of legislation would 13 amend the Education, Labor and Election Laws 14 to authorize students enrolled in school 15 districts to participate as election 16 inspectors and poll clerks throughout the 17 State of New York, with the authorization and 18 consent of their school district, parents or 19 legal guardians. And they would be able to 20 work with all full powers of inspectors and 21 poll clerks. 22 And this would help alleviate the 23 problems of recruiting inspectors throughout 24 the State of New York and especially in many 25 jurisdictions such as New York City.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Padavan. 3 SENATOR PADAVAN: Senator Dilan, 4 I understand the goal that you've stated. In 5 the process of -- would you yield to a 6 question? 7 SENATOR DILAN: Yes, Madam 8 President. 9 SENATOR PADAVAN: In the process 10 of exercising their responsibilities, do not 11 the inspectors at some point in time have to 12 certify certain documents -- absentee ballots, 13 ballots that are done by affidavit, the 14 results from the back of the machine -- put 15 that on documents, sign it? Aren't these the 16 inherent and very, very important and serious 17 responsibilities of the election inspector at 18 the polling place? 19 SENATOR DILAN: Madam President, 20 that would be correct. 21 These young individuals and 22 students would also have an opportunity to 23 participate in the democratic process. And in 24 many cases you may have one or two individuals 25 working at a certain election district, and

Candyco Transcription Service, Inc. 1 you would also have experienced inspectors or 2 poll clerks there that have worked for many 3 years there. And this would provide them an 4 opportunity to get involved in our democratic 5 process. 6 SENATOR PADAVAN: Yeah. So in 7 effect -- 8 ACTING PRESIDENT SAVINO: Senator 9 Padavan, are you -- 10 SENATOR PADAVAN: -- if I 11 understood you, you said that yes -- 12 ACTING PRESIDENT SAVINO: Senator 13 Padavan, are you asking Senator Dilan to 14 yield? 15 SENATOR PADAVAN: I haven't got 16 to that part yet. 17 ACTING PRESIDENT SAVINO: Are you 18 asking Senator -- 19 SENATOR PADAVAN: Not yet. 20 ACTING PRESIDENT SAVINO: Senator 21 Padavan, you don't have the floor. 22 SENATOR PADAVAN: So in the last 23 response you indicated that -- 24 ACTING PRESIDENT SAVINO: Senator 25 Padavan --

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: -- the 2 inspectors would have these responsibilities. 3 ACTING PRESIDENT SAVINO: Senator 4 Padavan -- 5 SENATOR PADAVAN: Would you yield 6 to another question? 7 ACTING PRESIDENT SAVINO: Thank 8 you. 9 SENATOR PADAVAN: I have the 10 floor, Senator. I'll yield -- 11 ACTING PRESIDENT SAVINO: No, 12 Senator Padavan, Senator Dilan had the 13 floor -- 14 SENATOR PADAVAN: Nevertheless, I 15 asked you another question. 16 ACTING PRESIDENT SAVINO: -- an 17 explanation was requested. 18 SENATOR PADAVAN: Do you yield? 19 ACTING PRESIDENT SAVINO: Senator 20 Padavan, please direct the questions through 21 the presiding officer. 22 SENATOR PADAVAN: Will Senator 23 Dilan yield? 24 ACTING PRESIDENT SAVINO: Senator 25 Dilan, will you yield for a question?

Candyco Transcription Service, Inc. 1 SENATOR DILAN: Yes, Madam 2 President. 3 ACTING PRESIDENT SAVINO: Yes, he 4 will yield for a question. 5 SENATOR PADAVAN: Senator, thank 6 you for your patience. 7 Doesn't it seem rather obtuse and 8 inappropriate to have someone doing the things 9 that you and I agreed he or she would be doing 10 but not yet of an age to be able to vote? 11 Doesn't that seem to be sort of a 12 contradiction? 13 SENATOR DILAN: Well, I think 14 that these are individuals that within a year 15 would be old enough to vote. 16 And I don't have all my notes here, 17 but I believe that 16 states throughout the 18 United States currently have 19 16-and-17-year-olds also working as 20 inspectors. So the State of New York would 21 not the first to do that. 22 And as our inspectors have a 23 current recruitment, we have individuals who 24 have been working as inspectors for many 25 years, and the boards of election throughout

Candyco Transcription Service, Inc. 1 the State of New York are having a very 2 difficult time at this time recruiting 3 individuals to work the 15 hours on a given 4 particular election. 5 SENATOR PADAVAN: Madam 6 President, would the Senator yield? 7 ACTING PRESIDENT SAVINO: Senator 8 Dilan, do you continue to yield? 9 SENATOR DILAN: Yes, I will. 10 But I'd like to make a correction. 11 I said 16 states. That is 40 states that 12 currently have individuals of this age. 13 SENATOR PADAVAN: I'm sorry, I 14 didn't hear you, Senator. Forty states what? 15 SENATOR DILAN: Forty states 16 currently allow 16-and-17-year-olds to work as 17 inspectors or poll clerks throughout the 18 state. Forty states, 40. 19 SENATOR PADAVAN: I don't think I 20 heard you correctly before. But on the issue 21 of age of voting, you do agree it's 18? 22 SENATOR DILAN: That is correct. 23 SENATOR PADAVAN: Okay. Because 24 I didn't quite hear your answer before. 25 SENATOR DILAN: I said yes.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: Now, if again 2 you would yield, Senator. 3 ACTING PRESIDENT SAVINO: Senator 4 Dilan? 5 SENATOR DILAN: Yes, Madam 6 President. 7 ACTING PRESIDENT SAVINO: Senator 8 Dilan continues to yield. 9 SENATOR PADAVAN: I don't know 10 about all these other 40 states, but I know 11 there are times -- and I have observed it, I'm 12 sure you have too -- where you have a very 13 difficult situation at a polling site. 14 Someone looks and they're told, "Your name's 15 not in the book." "Well, I ought to be in the 16 book because I'm registered." And there's a 17 lot of dialogue and sometimes heated 18 conversations and difficult environments 19 sometimes that arise under those conditions. 20 Is it, I think, wise to have a 21 teenager put in a position of having to 22 confront someone in that context? 23 SENATOR DILAN: Okay, I think 24 that we have to look at this with an open 25 mind, first of all, in view of the fact also

Candyco Transcription Service, Inc. 1 of the HAVA act, which we will all be dealing 2 with new technology at our polling places. 3 Young people are very tech-savvy. And I think 4 they would be of further assistance to our 5 current crop of inspectors. 6 And, you know, currently we allow 7 16-year-old students to get behind the wheel 8 of a car, and yet we prohibit them from 9 working as poll inspectors. 10 And I think also, Senator Padavan, 11 that what you're maybe trying to say -- I'm 12 not sure -- is that a 17-year-old may not be 13 capable of either reading numbers from a 14 machine or just reading plain English. 15 SENATOR PADAVAN: On the bill, if 16 I may. 17 ACTING PRESIDENT SAVINO: Senator 18 Padavan, on the bill. 19 SENATOR PADAVAN: Senator Dilan, 20 you know, I fully respect your motivation and 21 the points you made with regard to alleviating 22 problems in certain areas where it's difficult 23 to get enough inspectors. It's a very, very 24 sometimes difficult environment. It begins at 25 6:00 in the morning, if not earlier, goes all

Candyco Transcription Service, Inc. 1 day to 9:00 and beyond, as the ballots are 2 being counted. And it can be a very stressful 3 and difficult place. 4 It varies, of course, in different 5 parts of the state and in different 6 communities. But in many areas that I've 7 observed, it's very, very difficult. 8 And while I have a great deal of 9 respect for young people, and if they get a 10 license, a learner's permit to drive in a car 11 with all the limitations that we impose upon 12 them, that's one thing. But to put them at 13 some of those polling places where I've seen 14 situations that were quite heated, almost came 15 to blows about people demanding certain rights 16 that they were being denied, that's the wrong 17 place for a teenager to be in those 18 environments. I'm not saying it happens 19 everywhere. 20 Now, I also agree with you on the 21 idea of getting young people involved in the 22 electoral process. There might be a way of 23 bringing them into the process in an 24 ancillary, auxiliary fashion -- but not as the 25 inspector with the statutory responsibilities

Candyco Transcription Service, Inc. 1 in the Election Law that we place upon these 2 individuals. That is quite a different 3 matter. 4 So with all due respect to your 5 motivation, I don't think this is the right 6 idea universally in every part of the State of 7 New York. 8 ACTING PRESIDENT SAVINO: Are 9 there any other Senators who wish to be heard? 10 Senator Montgomery. 11 SENATOR MONTGOMERY: Yes, Madam 12 President, I would just like to rise to 13 support this legislation. I'm very happy that 14 Senator Dilan has thought to introduce it. I 15 think it makes a lot of sense. 16 We're very schizophrenic about how 17 we view young people. And on the one hand we 18 can arrest them and charge them as adults if 19 they're 16, but we don't want them to work on 20 a polling site and learn how our system works 21 if they're 17. 22 But, Senator Dilan, what you're 23 saying to us, I believe, and to the citizens 24 in New York State is that -- you know, I don't 25 know what age is at the top, but I do know

Candyco Transcription Service, Inc. 1 that the younger a person is, the more likely 2 they are going to be very, very sophisticated 3 as it relates to technology. Unlike some of 4 the older citizens who are at the polling 5 sites and who are going to find it 6 challenging, to say the least, I suspect, when 7 we completely go into a technologically run 8 election process. 9 So I'm happy that we're going to 10 have 17-year-olds, because they're going to be 11 there to understand how to answer some of the 12 questions and deal with some of the issues as 13 it relates to our new voting machines. And to 14 have an opportunity for a young person, a 15 group of young people to have employment by 16 the local boards of elections I think is a 17 good thing. 18 So all in all, this is a very 19 positive move and it says to the young people 20 in our state we value your input, your 21 participation, we want to bring you into the 22 process early. That's how I got started in 23 politics; I worked as a polling site 24 inspector. And you begin to get excited and 25 understand the mechanics of it.

Candyco Transcription Service, Inc. 1 So this is really a very positive 2 step, and I am very happy to support it. I 3 vote aye. 4 ACTING PRESIDENT SAVINO: Senator 5 L. Krueger, on the bill. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. I also rise to support this 8 bill. 9 It's true that we don't let you 10 vote until 18, but I would argue that the 11 process of deciding who you're going to vote 12 for, what the analysis you go through, the 13 pros and cons of any different candidate or 14 group of candidates, is a complex group of 15 assignments. It's a thought process about the 16 pros and cons of each candidate. 17 And so I don't think I would stand 18 here arguing that we lower the age of voting. 19 But in fact the job of being a poll inspector, 20 you are more than qualified to do at age 17. 21 And again, as has been brought up 22 both by the sponsor of the bill and by my 23 colleague Senator Montgomery, when it comes to 24 the technology and the skill sets involved 25 with understanding the machinery and actually

Candyco Transcription Service, Inc. 1 being able to read the small numbers on the 2 back of the old machines, young eyes and 3 technology skills are definitely an advantage. 4 And frankly, research shows that 5 getting kids involved with the voting process 6 and the election process is the most effective 7 means of ensuring that they will grow up to be 8 civic participants, that they will grow up to 9 vote. In fact, the research shows the 10 number-one reason people vote when they turn 11 18 is the memory of going with their parents 12 to vote as young children, even parents who 13 allow the children to come into the polling 14 booths with them and, at least in my city, 15 pull the levers. 16 And so not only do I believe 17 17-year-olds are more than mature enough to 18 handle the responsibilities of this job, I do 19 think they have a technological edge on any 20 number of us who volunteer or work at the 21 polls now. 22 And I do think it will encourage 23 not only greater participation in Election Day 24 process but hopefully encourage more young 25 people to take the time at age 18 not only to

Candyco Transcription Service, Inc. 1 register to vote but to remember to get out 2 there and vote every time they are legally 3 able to. 4 So I vote yes, Madam President. 5 Thank you. 6 ACTING PRESIDENT SAVINO: Senator 7 Libous, on the bill. 8 SENATOR LIBOUS: Thank you, Madam 9 President. I'd like to ask Senator Dilan a 10 question, if I may. Would he yield? 11 ACTING PRESIDENT SAVINO: Senator 12 Dilan, will you yield for a question? 13 SENATOR DILAN: Yes, Madam 14 President. 15 ACTING PRESIDENT SAVINO: Senator 16 Dilan yields. 17 SENATOR LIBOUS: Senator Dilan, 18 in one of your precincts is it set up where 19 you walk and that you have two inspectors that 20 are Republican and two inspectors that are 21 Democrat? 22 SENATOR DILAN: In my county or 23 in my city, they do have Republican inspectors 24 and Democratic, yes. And in most cases 25 throughout the state it would take at least

Candyco Transcription Service, Inc. 1 four inspectors to run an election district. 2 SENATOR LIBOUS: And if Senator 3 Dilan would continue to yield. 4 ACTING PRESIDENT SAVINO: Senator 5 Dilan, do you continue to yield? 6 SENATOR DILAN: Yes, Madam 7 President. 8 SENATOR LIBOUS: And I believe 9 most of our board of elections are made up for 10 the most part of the Democrat side and the 11 Republican side, both parties are equally 12 represented? Is that true, Senator Dilan? 13 SENATOR DILAN: That's correct. 14 SENATOR LIBOUS: I guess where 15 I'm confused -- and I believe, you know, 16 you're well intended here, if they're not of 17 voting age and they're not registering, how 18 would one know if there's equal or parity 19 among those working in the office? Is it 20 possible that you have three, for the sake of 21 discussion, Republicans and one young Democrat 22 in the office who have, you know, their 23 feelings swayed a particular way? 24 Because I know when I go into vote, 25 there's two Democratic inspectors, two

Candyco Transcription Service, Inc. 1 Republican inspectors. The Republican 2 inspectors usually smile at me, and the 3 Democrats usually snarl at me unless I bring 4 them doughnuts. 5 (Laughter.) 6 SENATOR LIBOUS: So would it be 7 equal representation? But how would we know 8 that, because they're not registered to vote? 9 ACTING PRESIDENT SAVINO: Are you 10 asking Senator Dilan to continue to yield? 11 SENATOR LIBOUS: Well, I am 12 asking Senator Dilan, Madam President. 13 ACTING PRESIDENT SAVINO: Senator 14 Dilan, do you yield to answer that question? 15 SENATOR DILAN: Yes, I do, Madam 16 President. 17 But I guess the only way that I 18 could answer that question, because I think I 19 know where Senator Libous is going with this, 20 in terms of the partisanship of the boards of 21 elections throughout the State of New York is 22 that it gives the person, the 17-year-old, the 23 chance to decide their future in terms of what 24 political enrollment they may follow in the 25 future.

Candyco Transcription Service, Inc. 1 But I would have to consider a 2 person of that age to be perhaps more 3 independent than either the Democratic 4 inspector or the Republican inspector. And I 5 guess that's the best way I could answer the 6 question. 7 And I would also trust that the 8 boards of elections or, in many cases, as you 9 know, county leaders are the ones that do 10 appoint inspectors or district leaders, 11 whichever the rules may be in a county. And 12 I'm sure that that's something that has been 13 worked out in 40 states, and I'm sure that in 14 New York State we will be able to do the same. 15 SENATOR LIBOUS: Madam 16 President -- thank you, Senator Dilan -- on 17 the bill for a second, please. 18 ACTING PRESIDENT SAVINO: Senator 19 Libous, on the bill. 20 SENATOR LIBOUS: That is, in my 21 opinion, the fatal flaw of this bill. Our 22 electoral process is set up on a two-party 23 system. It's set up with equal 24 representation, both in election offices, the 25 state board of elections is set up that way.

Candyco Transcription Service, Inc. 1 I think every election office in all 62 2 counties are set up that way. And at the 3 polling place it's set up that way. 4 So I would find this very 5 difficult. While I think it's honorable to 6 get young people involved in the electoral 7 process and I'm all for that, and I applaud 8 Senator Dilan for his intention, I think this 9 bill is flawed. I think it would be a 10 disaster because it would allow organizations 11 like ACORN and Citizen Action and others -- 12 and, for that matter, those could load the 13 election office or, quite frankly, the polling 14 place with partisans. 15 And I think at least under our 16 present system we know that there are equal 17 representations among both parties, and I 18 think that's the way it should be. So when we 19 come to a vote, I'm definitely going to vote 20 against this bill. 21 ACTING PRESIDENT SAVINO: Senator 22 Dilan, on the bill. 23 SENATOR DILAN: Okay, I would 24 just like to note Section 3418 of the Election 25 Law where election inspectors and poll clerks

Candyco Transcription Service, Inc. 1 on emergency situations, there are provisions 2 for filling vacancies when an inspector may be 3 absent. So there are provisions within the 4 Election Law where individuals who are 5 appointed inspectors or poll clerks -- and at 6 that particular moment in time when you all of 7 a sudden just appoint a person, we really do 8 not know what political party they may belong 9 to. So there are provisions within the 10 Election Law to handle that. 11 But as I indicated earlier, also, 12 in many cases I believe throughout the State 13 of New York and in the 62 counties, the 14 Republican county leader and the Democratic 15 county leader are the ones that are doing the 16 appointing. So I would have to assume that 17 the Republican leader would appoint young 18 Republicans, and I would assume that the 19 county leader of the Democratic Party would do 20 the same in his party. 21 So I vote yes. 22 ACTING PRESIDENT SAVINO: Senator 23 Hannon, why do you rise? 24 SENATOR HANNON: To speak after 25 Senator Dilan.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Dilan, are you finished? 3 SENATOR DILAN: Yes. 4 ACTING PRESIDENT SAVINO: Thank 5 you. 6 Senator Hannon, there is a list. 7 Senator Oppenheimer is next, and then you. 8 Senator Oppenheimer. 9 SENATOR OPPENHEIMER: Just very 10 briefly. 11 I think this is a great bill. When 12 I think of the things that we did to try and 13 encourage young people to get interested in 14 our government and in our political system, 15 when I was president of the League of Women 16 Voters, we used to set up bridge tables in the 17 halls of the high school to try and encourage 18 the youngsters who were in their senior year 19 to get involved and to vote. And we used to 20 have programs where different students would 21 be acting as their Senator, myself, or the 22 Assemblyperson, and they would have debates 23 between each other in the classroom. 24 And all these efforts, I mean, are 25 just going to be enhanced by this. Because

Candyco Transcription Service, Inc. 1 this is something that puts them into the real 2 world. This is really a part of what it is 3 all about. And I'm almost assured that they 4 will be voters when they turn 18. 5 And we keep saying, number one, we 6 have such a hard time getting election 7 inspectors, which happens to be true. And 8 here's an avenue where we can get some 9 youngsters and, at the same time, get election 10 inspectors. 11 And I forget my other point, but I 12 think it's a terrific idea. And I applaud the 13 sponsor. 14 ACTING PRESIDENT SAVINO: Senator 15 Hannon, on the bill. 16 SENATOR HANNON: Yes, Madam 17 President. 18 I appreciate the efforts of Senator 19 Dilan to move this forward. But he had made a 20 response to the point raised by Senator Libous 21 that the Election Law provides for the 22 appointment of inspectors in terms of 23 emergencies. That's a whole specific section 24 of the Election Law that is for rare 25 occasions. And if I recall -- and I have good

Candyco Transcription Service, Inc. 1 reason to recall, having done a fair amount of 2 this -- it only refers to voters available at 3 the polling place to be appointed as an 4 election inspector. 5 And therefore, once again, the 6 fatal flaw that Senator Libous pointed out to 7 you, that namely you must be a voter in order 8 ascertain whether or not you are registered in 9 one party or another, still prevails. 10 So you can't be an inspector unless 11 you're a voter. And unless you want to amend 12 your bill and allow people to be voters at 17, 13 you're just not going to be able to make this 14 thing fly. 15 There is one provision that allows 16 people who will turn 18 by Election Day to 17 register early, but that's not something that 18 would apply in your case. 19 So whatever your good intentions 20 are, it just doesn't work in this situation. 21 Thank you. 22 ACTING PRESIDENT SAVINO: Are 23 there any other Senators wishing to be heard 24 on the bill? 25 Hearing none, the debate is closed.

Candyco Transcription Service, Inc. 1 The Secretary will please ring the bells and 2 ask all the members to return to the chamber. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SAVINO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT SAVINO: Senator 10 Dilan, to explain his vote. 11 SENATOR DILAN: Yes, I just want 12 to add to my comments, in view of the last 13 speaker, that Section 3404 of the Election 14 Law, inspectors and poll clerks designation, 15 Section 4 there merely states that appointment 16 of an election inspector, polls clerk and 17 election coordinators shall be made by the 18 board of elections. And that portion of the 19 Election Law doesn't really address itself to 20 partisanship. 21 And, you know, I've heard the 22 comments from the other side of the aisle, and 23 at this point they're not citing any 24 particular section of the Election Law that 25 backs up what they're saying.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT SAVINO: Senator 3 DeFrancisco, to explain his vote. 4 SENATOR DeFRANCISCO: I'm voting 5 no because there seems to be a basic 6 inconsistency, in my mind, to allow someone 7 who's not eligible to perform a function to 8 actually supervise that function. It just 9 doesn't make sense logically to me. 10 And if you want to get kids 11 involved, make them an assistant commissioner 12 to assist in whatever the election 13 commissioners will do on Election Day, to get 14 their interest, as opposed to supervising a 15 process that they're not eligible to 16 participate in. 17 It's -- you know, I was thinking of 18 an analogy. Maybe this is not a good one. 19 But we don't allow individuals under 21 to 20 drink. Would we want a 17- or an 18-year-old, 21 a 19-year-old to be a member of the ABC Board 22 so that they'll learn responsibility about how 23 bad it is to drink and drive under the 24 influence? 25 So it just doesn't make sense

Candyco Transcription Service, Inc. 1 logically to me. So for that reason, I'm 2 voting no. 3 ACTING PRESIDENT SAVINO: 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 190 are 7 Senators Alesi, Bonacic, DeFrancisco, Farley, 8 Flanagan, Fuschillo, Golden, Griffo, Hannon, 9 O. Johnson, Lanza, Larkin, LaValle, Leibell, 10 Libous, Little, Marcellino, Maziarz, McDonald, 11 Nozzolio, Padavan, Ranzenhofer, Robach, 12 Saland, Seward, Skelos, Volker, Winner and 13 Young. 14 Ayes, 32. Nays, 29. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 285, by Senator Stachowski, Senate Print 6833, 21 an act to amend the Local Finance Law. 22 ACTING PRESIDENT SAVINO: There 23 is a home-rule message at the desk. 24 Read the last section. 25 SENATOR LIBOUS: Explanation.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Stachowski, an explanation has been requested. 3 SENATOR STACHOWSKI: Yes, this is 4 a bill that amends the Local Finance Law in 5 relation to the sale of municipal obligations 6 by the County of Erie. It permits the County 7 of Erie to market serial bonds at a private 8 sale through June 30, 2011. 9 It proves Erie County with 10 sufficient flexibility in bond sales to 11 maximize the return on the bonds sold. It 12 amends Section 54.50 of the Local Finance Law 13 to permit the County of Erie to market serial 14 bonds at a private sale through June 30, 2011. 15 SENATOR LIBOUS: Satisfactory. 16 SENATOR STACHOWSKI: Thank you. 17 ACTING PRESIDENT SAVINO: Are 18 there any other Senators wishing to be heard 19 on the bill? 20 Seeing none, the debate is closed. 21 The Secretary will please ring the 22 bells. 23 Senator DeFrancisco. 24 SENATOR DeFRANCISCO: While we're 25 waiting for everybody to recongregate, I would

Candyco Transcription Service, Inc. 1 like to give a thought to the Majority as a 2 new reform for this body. And that would be 3 to go back to the old system where, if you 4 wanted to vote no, you would have to be in 5 here. Otherwise, you don't have to sit around 6 here to vote yes. 7 And maybe we would be able to do a 8 bill each half-hour so we don't have to round 9 up the rest of the people. This is a very 10 inefficient way to do business. It was much 11 more efficient before that rules change took 12 place. And I'm extremely serious about this. 13 I don't think it adds anything to the process, 14 and it obviously lengthens the process 15 substantially. 16 Thank you. 17 ACTING PRESIDENT SAVINO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SAVINO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. Nays, 25 1. Senator Skelos recorded in the negative.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 286, by Senator Thompson, Senate Print 6862, 7 an act to amend the Local Finance Law. 8 ACTING PRESIDENT SAVINO: There 9 is a home-rule message at the desk. 10 SENATOR LIBOUS: Explanation. 11 ACTING PRESIDENT SAVINO: Senator 12 Thompson, an explanation has been requested. 13 SENATOR THOMPSON: Sure. Thank 14 you for recognizing me. You look nice in red 15 today, Madam President. 16 ACTING PRESIDENT SAVINO: Thank 17 you, Senator Thompson. 18 SENATOR THOMPSON: This bill is 19 an extender. It has been continually extended 20 since 1984. 21 The bill also allows Buffalo to use 22 an underwriter to negotiate the sale of bonds 23 because of their low bond rating. 24 Municipalities with higher bond ratings can go 25 directly into the market and competitively bid

Candyco Transcription Service, Inc. 1 for their bonds. So this is very important 2 for the City of Buffalo. It would extend this 3 program until June 30, 2011. 4 SENATOR LIBOUS: Satisfactory. 5 ACTING PRESIDENT SAVINO: Are 6 there any other Senators wishing to be heard 7 on the bill? 8 Hearing none, the debate is closed. 9 The Secretary will ring the bells. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator Skelos recorded in the negative. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Calendar Number 25 381, by Senator Perkins, Senate Print 6066A,

Candyco Transcription Service, Inc. 1 an -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT SAVINO: The 5 bill is laid aside for the day. 6 Senator Klein, that completes the 7 reading of the controversial calendar. 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 at this time can we please go to a reading of 11 Supplemental Calendar Number 39A. 12 ACTING PRESIDENT SAVINO: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 424, Senator C. Kruger moves 16 to discharge, from the Committee on Finance, 17 Assembly Bill Number 10847 and substitute it 18 for the identical Senate Bill Number 7605, 19 Third Reading Calendar 424. 20 ACTING PRESIDENT SAVINO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 424, by the Assembly Committee on Rules, 25 Assembly Print Number 10847, an act making

Candyco Transcription Service, Inc. 1 appropriations for the support of government. 2 ACTING PRESIDENT SAVINO: Senator 3 Klein. 4 SENATOR KLEIN: Madam President, 5 is there a message of necessity and 6 appropriation at the desk? 7 ACTING PRESIDENT SAVINO: There 8 is a message of necessity and appropriation at 9 the desk. 10 SENATOR KLEIN: Madam President, 11 I move to accept the message at this time. 12 ACTING PRESIDENT SAVINO: The 13 question is on the acceptance of the message 14 of necessity and appropriation. All those in 15 favor please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT SAVINO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT SAVINO: The 21 message is accepted. 22 Read the last section. 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT SAVINO: The 25 bill is laid aside.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: In relation to 4 Calendar Number 425, Senator C. Kruger moves 5 to discharge, from the Committee on Finance, 6 Assembly Bill Number 10848 and substitute it 7 for the identical Senate Bill Number 7606, 8 Third Reading Calendar 425. 9 ACTING PRESIDENT SAVINO: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 425, by the Assembly Committee on Rules, 13 Assembly Print Number 10848, an act to amend 14 Part RR of Chapter 57 of the Laws of 2008. 15 ACTING PRESIDENT SAVINO: Senator 16 Klein. 17 SENATOR KLEIN: Madam President, 18 is there a message of necessity at the desk? 19 ACTING PRESIDENT SAVINO: Senator 20 Klein, there is a message of necessity at the 21 desk. 22 SENATOR KLEIN: I move to accept 23 the message at this time. 24 ACTING PRESIDENT SAVINO: The 25 question is on the acceptance of the message

Candyco Transcription Service, Inc. 1 of necessity. All those in favor signify by 2 saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT SAVINO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT SAVINO: The 8 message is accepted. 9 Read the last section. 10 SENATOR LIBOUS: Lay it aside. 11 ACTING PRESIDENT SAVINO: The 12 bill is laid aside. 13 Senator Klein, that completes the 14 reading of the noncontroversial supplemental 15 calendar. 16 SENATOR KLEIN: Madam President, 17 at this time can we please go to a 18 controversial reading of the supplemental 19 calendar. 20 ACTING PRESIDENT SAVINO: The 21 Secretary will ring the bell. 22 Members are asked to come to the 23 chamber for the reading of the controversial 24 supplemental calendar. And perhaps they will 25 stay here for a while.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 424, substituted earlier by the Assembly 4 Committee on Rules, Assembly Print Number 5 10847, an act making appropriations for the 6 support of government. 7 SENATOR DeFRANCISCO: 8 Explanation. 9 ACTING PRESIDENT SAVINO: Senator 10 Kruger, an explanation has been requested. 11 SENATOR CARL KRUGER: Thank you, 12 Madam President. 13 This bill is the fourth extender 14 for a period to end on May 2nd of 2010. It 15 makes an All Funds appropriation of 16 $5.6 billion and it makes a General Fund 17 appropriation of $3.6 billion. 18 ACTING PRESIDENT SAVINO: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: Would 21 Senator Kruger yield to a question? 22 ACTING PRESIDENT SAVINO: Senator 23 Kruger, will you yield for a question? 24 SENATOR CARL KRUGER: Yes, I do, 25 Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Kruger yields. 3 SENATOR DeFRANCISCO: This past 4 week we had a very dire warning from 5 Comptroller DiNapoli concerning the state 6 running out of money in June unless we have a 7 budget in place. That was his remedy, a 8 responsible budget in place. 9 Before we do another extender, I 10 think it's important for everyone here in the 11 Senate, both sides of the aisle, to understand 12 the status of the negotiations that are 13 occurring and have occurred from last week to 14 this week. 15 And my question, Senator Kruger, is 16 what is the status of the negotiations? 17 SENATOR CARL KRUGER: Ongoing. 18 SENATOR DeFRANCISCO: Senator 19 Kruger, I would like -- would he yield for 20 another question? 21 ACTING PRESIDENT SAVINO: Senator 22 Kruger, do you continue to yield? 23 SENATOR CARL KRUGER: Yes, I do, 24 Madam President. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Kruger yields. 2 SENATOR DeFRANCISCO: I would 3 like to know, Senator Kruger, specifically 4 what subjects of the negotiations have been 5 closed out that have been agreed to between 6 the Senate and the Assembly, and specifically 7 what items are still open for negotiation 8 between the leaders. Could you answer that, 9 please? 10 SENATOR CARL KRUGER: Through 11 you, Madam President. As I have said in the 12 past and I will continue to reiterate, the 13 negotiations are ongoing. They are three-way 14 negotiations. They are in a critical stage in 15 that negotiation. 16 And we are very optimistic that we 17 will be -- that a budget will come out of 18 those negotiations. 19 SENATOR DeFRANCISCO: Would 20 Senator Kruger yield to another question. 21 ACTING PRESIDENT SAVINO: Senator 22 Kruger, do you continue to yield? 23 SENATOR CARL KRUGER: Yes, I do, 24 Madam President. 25 ACTING PRESIDENT SAVINO: Senator

Candyco Transcription Service, Inc. 1 Kruger yields. 2 SENATOR DeFRANCISCO: My only 3 source of information is newspaper articles 4 and rumors. And I would ask Senator Kruger, 5 there was a report in the Ithaca Journal 6 between last week and this week saying that 7 Assemblyman Sheldon Silver said that lawmakers 8 have agreed about $6 billion of the 9 $9.2 billion needed to reach a budget deal. 10 Can you answer me, Senator Kruger, 11 specifically whether that is in fact the case? 12 SENATOR CARL KRUGER: Through 13 you, Madam President, I would never question 14 the Speaker's words. And I would think that 15 in principle that is a very close 16 approximation. 17 SENATOR DeFRANCISCO: Would 18 Senator Kruger yield to another question? 19 ACTING PRESIDENT SAVINO: Senator 20 Kruger, do you continue to yield? 21 SENATOR CARL KRUGER: Yes, I do, 22 Madam President. 23 ACTING PRESIDENT SAVINO: Senator 24 Kruger yields. 25 SENATOR DeFRANCISCO: I would

Candyco Transcription Service, Inc. 1 like just a straight answer, Senator Kruger. 2 The straight answer is have $6 billion, yes or 3 no, of the estimated shortfall been agreed to 4 between the Senate and the Assembly leaders? 5 SENATOR CARL KRUGER: Through 6 you, Madam President. Once again, Senator, I 7 will restate, for the record: Negotiations 8 are ongoing. As you well know, as someone who 9 has been in this majority up until two years 10 ago, for a very, very long time, that 11 negotiations, when they reach a critical 12 stage, they're a moving target. And numbers 13 today are not necessarily close-out numbers of 14 tomorrow. 15 So in principle, the newspaper 16 report -- and quite frankly, I don't read the 17 Ithaca Journal as a matter of due course. But 18 in principle I would have to say that the 19 Speaker is accurate in his approximations as 20 to where the gap is and to what has been 21 agreed upon. 22 SENATOR DeFRANCISCO: Would 23 Senator Kruger yield to another question. 24 ACTING PRESIDENT SAVINO: Senator 25 Kruger?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, I 2 would, Madam President. 3 ACTING PRESIDENT SAVINO: Senator 4 Kruger continues to yield. 5 SENATOR DeFRANCISCO: Since I 6 have to get read the Ithaca Journal, not 7 getting any other information from either the 8 Majority or from my questions of Senator 9 Kruger, would you tell me what $6 billion has 10 been agreed to? 11 SENATOR CARL KRUGER: Through 12 you, Madam President. As I have said and I 13 will continue to say, that the negotiations 14 are ongoing and they're critical. And the 15 $6 billion is not a hard $6 billion number. 16 And it would jeopardize the negotiation if we 17 were to go into specific detail. 18 SENATOR DeFRANCISCO: Would 19 Senator Kruger yield to another question. 20 ACTING PRESIDENT SAVINO: Senator 21 Kruger, do you continue to yield? 22 SENATOR CARL KRUGER: Yes, one 23 more question, Madam President. 24 ACTING PRESIDENT SAVINO: Senator 25 Kruger yields for one more question.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Senator 2 Kruger, could you give me one item of the 3 $6 billion that has been agreed to, a specific 4 item? 5 SENATOR CARL KRUGER: Through 6 you, Madam President, I don't understand the 7 question. 8 SENATOR DeFRANCISCO: Senator 9 Kruger, you indicated that $6 billion was a 10 good approximation of what items had been 11 agreed to to reduce the budget deficit. I'm 12 asking you to give me one specific item that 13 has been agreed to. 14 SENATOR CARL KRUGER: Well, 15 through you, Madam President, rather than 16 giving you one specific item, I can say that 17 what we are doing is negotiations are centered 18 around cuts and administrative efforts to 19 shorten the gap between the budget deficit. 20 And at this point, I think that that pretty 21 much puts us where we are at. 22 SENATOR DeFRANCISCO: Would 23 Senator Kruger yield to another question? 24 SENATOR CARL KRUGER: I 25 originally said one more question, but I will

Candyco Transcription Service, Inc. 1 take the Senator's additional question. 2 ACTING PRESIDENT SAVINO: Senator 3 Kruger will yield for an additional question. 4 SENATOR DeFRANCISCO: Senator 5 Kruger, there were a series of proposals for 6 tax increases that were proposed over the last 7 couple of weeks, one of which was an increase 8 in the mortgage recording tax. Can you tell 9 me whether that was one of the items that was 10 agreed to? 11 SENATOR CARL KRUGER: Through 12 you, Madam President, I cannot say with any 13 certainty that that is the case. 14 SENATOR DeFRANCISCO: Would 15 Senator Kruger yield to another question? 16 ACTING PRESIDENT SAVINO: Senator 17 Kruger? 18 SENATOR CARL KRUGER: This always 19 is like the last of the last questions. Yes, 20 one more question. 21 ACTING PRESIDENT SAVINO: Senator 22 Kruger yields for one more question. 23 SENATOR DeFRANCISCO: Can you 24 tell me, Senator Kruger, whether some of the 25 increased taxes on registrations for

Candyco Transcription Service, Inc. 1 automobiles that was proposed or at least 2 released by Senator Dilan, whether that has 3 been agreed to by the leaders to date? 4 SENATOR CARL KRUGER: Through 5 you, Madam President, to the best of my 6 knowledge, no. 7 And for the record, Senator, what I 8 don't want to do is negotiate the budget 9 between me and you on the floor by you asking 10 me questions and me giving you answers. 11 So I think at this point, in 12 explanation to the bill, this emergency 13 extender bill provides as is outlined in the 14 legislation. 15 Thank you, Madam President. 16 SENATOR DeFRANCISCO: Would 17 Senator Kruger yield to another question? 18 ACTING PRESIDENT SAVINO: Senator 19 Kruger, do you continue to yield? 20 SENATOR CARL KRUGER: No. 21 ACTING PRESIDENT SAVINO: Senator 22 Kruger does not yield. 23 Senator DeFrancisco. 24 SENATOR DeFRANCISCO: On the 25 bill.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 DeFrancisco, on the bill. 3 SENATOR DeFRANCISCO: You know, I 4 really don't know what to say about this 5 dialogue that just took place. 6 On the one hand, we can't get 7 Senator Kruger to answer questions any longer. 8 He's had his limit. God forbid he be asked 9 more than five or six questions and have to 10 answer them as chairman of Finance. 11 But even more importantly, the 12 answers that were given really, by any 13 standard, would be considered nonresponsive. 14 We have a Comptroller in the State 15 of New York who happens to be a Democrat, who 16 was appointed to replace someone who had to 17 step down from office, who's warning everybody 18 that we are in deep trouble, even deeper than 19 we ever expected, that we're going to not have 20 enough money to pay bills in June. 21 Now, to me, that's a pretty serious 22 situation. And it's a pretty serious 23 situation when he says that the only way that 24 this is going to be resolved is to have a 25 responsible budget.

Candyco Transcription Service, Inc. 1 To not get any information, to have 2 to read newspapers and tell our constituents 3 second- or third- or fourth-hand, by rumor, 4 because we can't get responsive answers and we 5 can't get any information and we're knocked 6 out of the process, is just appalling. It 7 truly is appalling. 8 And the part that's even more 9 amazing is Senator Kruger specifically says, 10 We don't want to negotiate this on the floor. 11 We don't want to negotiate between us. What 12 are we here for? Are we here to wait for the 13 bill to come on the floor like last year and 14 say yes or no without any input? Is that what 15 we're waiting for? 16 ACTING PRESIDENT SAVINO: Senator 17 Kruger, why do you rise? 18 SENATOR CARL KRUGER: As a point 19 of information to the Senator's response. 20 Through you, Madam President, I did 21 not say that we should not debate the budget 22 on the floor. I said that I did not want to 23 debate the budget with him when we don't have 24 a budget. 25 But the point that I want to make,

Candyco Transcription Service, Inc. 1 and very, very clearly, is if you want to -- 2 SENATOR DeFRANCISCO: Would 3 Senator Kruger yield to a question? 4 SENATOR CARL KRUGER: I have the 5 floor, Senator. 6 SENATOR DeFRANCISCO: I'm 7 asking -- I'm asking -- 8 SENATOR LIBOUS: Point of order, 9 Madam President. 10 ACTING PRESIDENT SAVINO: 11 Senator -- 12 SENATOR DeFRANCISCO: Excuse me. 13 Excuse me -- 14 ACTING PRESIDENT SAVINO: Senator 15 DeFrancisco has the floor. 16 SENATOR DeFRANCISCO: I think I 17 have the floor. And he interjected without 18 asking a question, so I believe he's out of 19 order. 20 You're out of order. 21 (Laughter.) 22 SENATOR DeFRANCISCO: I think 23 that was in a movie, wasn't it? 24 ACTING PRESIDENT SAVINO: Senator 25 DeFrancisco, I have recognized that you have

Candyco Transcription Service, Inc. 1 the floor. I make the rulings, though. 2 SENATOR DeFRANCISCO: I have the 3 floor? 4 ACTING PRESIDENT SAVINO: You do 5 have the floor. Senator Kruger had risen, 6 though, and I asked him why he rises, and he 7 wanted to make a point. 8 Were you going to ask Senator 9 DeFrancisco to yield to a question, Senator 10 Kruger? 11 SENATOR CARL KRUGER: Yes, I am. 12 ACTING PRESIDENT SAVINO: Senator 13 DeFrancisco, will you yield for a question? 14 SENATOR DeFRANCISCO: Of course. 15 I'll yield to any question that my colleague 16 wants to ask me. This is a democracy in this 17 room. 18 ACTING PRESIDENT SAVINO: It 19 certainly is. 20 SENATOR CARL KRUGER: Thank you 21 so much, Senator. 22 Through you, Madam President. My 23 question, I guess, is predicated on your 24 statement that I was not willing to argue the 25 budget bill on the floor. Do you realize that

Candyco Transcription Service, Inc. 1 this is not a budget bill as a budget, but 2 this is purely an emergency extender of our 3 spending plan? 4 SENATOR DeFRANCISCO: Of course I 5 realize that. 6 SENATOR CARL KRUGER: Will the 7 Senator yield for another question? 8 ACTING PRESIDENT SAVINO: Senator 9 DeFrancisco, do you continue to yield? 10 SENATOR DeFRANCISCO: Of course. 11 ACTING PRESIDENT SAVINO: Senator 12 DeFrancisco continues to yield. 13 SENATOR CARL KRUGER: And, 14 Senator, in light of the fact of your 15 statement that the Comptroller is deeply 16 concerned over whether or not we have cash on 17 hand to pay our June bills, wouldn't it be a 18 fair statement to say that not to vote for 19 today's extender and basically close down 20 government would be an irresponsible act? 21 SENATOR DeFRANCISCO: The answer 22 to that is there is an alternative. There's 23 an alternative, as I proposed last week, the 24 week before that, and that is to start opening 25 budget negotiations so that maybe some

Candyco Transcription Service, Inc. 1 progress will be made one week, the next week, 2 rather than continuing on with this process. 3 So my point simply is you can't go 4 on indefinitely with one-week extenders with a 5 process that is totally dysfunctional without 6 any information getting out to other members 7 of the body, without any public dialogue, 8 without any following the law, without the 9 public being part of the process. That's the 10 alternative. 11 SENATOR CARL KRUGER: Through 12 you, Madam President, would the Senator yield 13 to another question? 14 ACTING PRESIDENT SAVINO: Do you 15 continue to yield? 16 SENATOR DeFRANCISCO: I would be 17 happy to. 18 ACTING PRESIDENT SAVINO: Senator 19 DeFrancisco continues to yield. 20 SENATOR CARL KRUGER: Senator, 21 while we use the words "negotiate" and an 22 "open process," and we talk about transparency 23 and accountability, once again, my question to 24 you is today, while we move in that direction, 25 wouldn't a negative vote today against this

Candyco Transcription Service, Inc. 1 extender and close down government be an 2 irresponsible act? 3 SENATOR DeFRANCISCO: Senator 4 Kruger, I would support this particular piece 5 of legislation if I felt that government would 6 close down if I didn't. 7 However, I don't believe government 8 would close down if I didn't. I would think 9 that it would mean that we would have to start 10 a process immediately to get a negotiation 11 started. 12 Now, if you want to make an 13 amendment to this particular bill that we'll 14 go one week more but during that week we'll 15 follow the 2007 law, we'll open up the 16 process, we'll let the public know what's 17 going on, you'll be able to answer the 18 questions about what's agreed to, what isn't, 19 what's on the table so the public can go in, 20 I'd support this in a minute. 21 But you can't even answer a 22 question as to what's going on, let alone give 23 me a comfort level or anyone else a comfort 24 level in this room that something is really 25 happening this week so we won't go into next

Candyco Transcription Service, Inc. 1 week, the week after, and into the summer and 2 the fall. 3 SENATOR CARL KRUGER: Through 4 you, Madam President, would the Senator yield 5 for another question? 6 ACTING PRESIDENT SAVINO: Senator 7 DeFrancisco? 8 SENATOR DeFRANCISCO: Yes. 9 ACTING PRESIDENT SAVINO: He 10 continues to yield. 11 SENATOR CARL KRUGER: Thank you, 12 Madam President. 13 At 12 o'clock midnight tonight, the 14 extender that currently exists expires. Are 15 you familiar with what happened in Michigan 16 when their extender wasn't renewed? 17 SENATOR DeFRANCISCO: I'm not 18 familiar specifically with Michigan. But I 19 suppose bills wouldn't be paid, just like the 20 Governor is deciding right now not to pay 21 bills that he chooses not to pay. 22 SENATOR CARL KRUGER: Through 23 you, Madam President, when the extender 24 expired in Michigan for four hours, for four 25 hours, 53,000 employees were let go, 35,000

Candyco Transcription Service, Inc. 1 employees were suspended, including 2 four-fifths of the State Police, highway rest 3 stops were barricaded, drawbridges were left 4 open and traffic cameras turned off. Campers 5 were ordered to leave state parks, freeway 6 rest stops were barricaded, drawbridges were 7 left open. Traffic monitoring cameras went 8 dark at midnight. Branch offices in the 9 Department of Motor Vehicles posted signs over 10 the weekend saying that they were closed. 11 State lottery operations, liquor sales and 12 road construction was halted immediately. 13 Unemployment offices were closed, and no 14 unemployment checks were issued to those 15 35,000 employees. And the list goes on and 16 on. 17 And that was after four hours of 18 their effort not to take a responsible 19 position and to vote for an extender. 20 SENATOR DeFRANCISCO: Now, may I 21 have the floor back again, now that he's made 22 his speech? 23 SENATOR CARL KRUGER: Thank you, 24 Madam President. 25 ACTING PRESIDENT SAVINO: Yes.

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, on the bill. 2 SENATOR DeFRANCISCO: The point 3 is -- it's a very excellent point. That point 4 is that we're going run out of money. What in 5 God's name's going to happen in June or May, 6 whenever we run out of money? The 7 unemployment offices are going to be closed, 8 the public employees aren't going to get paid, 9 other people aren't going to get paid? 10 Government is going to stop. 11 And unless the Majority, whose 12 responsibility it is to pass a budget or to 13 start the process going, the 2007 reform 14 process, unless that process begins, we could 15 be going week after week leading up to that 16 situation in June. That's irresponsible. 17 And that's why I'm asking you all 18 the questions for which I got no answers as to 19 what's been going on since April 1st till 20 now -- April 26th, I believe. April 26th. 21 What's been going on? Ongoing negotiations. 22 What's been going on? Continuing critical 23 negotiations. Waiting for a critical mass. 24 You know, please. Please. Don't 25 insult the public's intelligence. Right now

Candyco Transcription Service, Inc. 1 there's a battle going on between two houses 2 who can't agree, the two Senate Democrat 3 majorities from New York City who can't agree, 4 the majority leaders. And they won't tell us 5 what they can't agree on. And if they do, who 6 knows if it's true or not? It could be one of 7 the spins that we've heard year after year. 8 Like the spin last year, no new 9 taxes, and we got $8 billion more when the 10 final budget bill was plopped on our desks, 11 take it or leave it. Well, we said leave it. 12 We don't think that's the way to do a budget. 13 So if it's a critical situation at 14 midnight tonight, it is not because we on this 15 side of the aisle haven't been doing our best 16 to try to get this process open and done. 17 It's because of the closed-door meetings that 18 are totally nonproductive and are so hush that 19 the Senate Finance Committee chair doesn't 20 even know what's going on. 21 That's what beautiful about this 22 discussion; he has no clue what's going on. 23 It's not that he doesn't want to answer. 24 Because he doesn't know, he can't answer. 25 So, ladies and gentlemen, you know,

Candyco Transcription Service, Inc. 1 I keep saying this, for the last couple of 2 weeks -- I voted for the first couple of 3 extenders, but the last couple of weeks I 4 voted no. This process can't go on 5 indefinitely, because we're going to close 6 government one way or the other by the 7 Majority not doing what they're supposed to be 8 doing and having the public discussions with 9 the conference committees so the public knows 10 what's in store for them and we can vote 11 according to our constituencies. 12 So I'm going to vote no on this 13 budget bill. And again, I'm going to 14 encourage as many people who feel the same way 15 as I do that we're in a dead-end course with 16 this process, with this Majority who was going 17 to reform the way the process worked. The 18 only reform we've gotten in this budget 19 process is we've ignored the 2007 law. If 20 that's reform, then I'm just confused about 21 what reform really means. 22 So I'm going to vote no, and I urge 23 my colleagues to vote no as well, to stop this 24 nonsensical process and get budget 25 negotiations going in public so we can talk

Candyco Transcription Service, Inc. 1 about this budget in a responsible way and 2 vote in the proper way for the State of 3 New York before everything does shut down. 4 Thank you, Madam President. 5 ACTING PRESIDENT SAVINO: Thank 6 you. 7 Senator Flanagan, on the bill. 8 SENATOR FLANAGAN: Thank you, 9 Madam President. Would Senator Kruger yield 10 for a question? 11 ACTING PRESIDENT SAVINO: Senator 12 Kruger, do you yield? 13 SENATOR CARL KRUGER: Yes, I do. 14 ACTING PRESIDENT SAVINO: Senator 15 Kruger yields. 16 SENATOR FLANAGAN: Senator 17 Kruger, following up on your discussion with 18 Senator DeFrancisco, I want to focus in 19 specifically on school aid. 20 The Senate Democrats' resolution 21 basically accepted $1.4 billion in cuts, 22 thereabouts, from the Governor, and the 23 Assembly came in with a proposal restoring 24 $600 million. Can you tell me the status of 25 those negotiations specifically as it relates

Candyco Transcription Service, Inc. 1 to school aid? Have you come closer to the 2 Assembly? Are they closer to where you are? 3 SENATOR CARL KRUGER: Through 4 you, Madam President. Senator Flanagan, when 5 we had our DRP prior to this budget, it was 6 our position that we would offer no midyear 7 cuts to school aid. And we accomplished that, 8 without the support of the other side of the 9 aisle. 10 Now we were we were faced with the 11 Governor's cuts to school aid which were 12 draconian. And once again, we're charged with 13 the responsibility of mitigating those 14 draconian cuts. And that is one of the 15 battles that are waging right now. 16 And to say anything more than the 17 fact -- and notwithstanding my esteemed 18 colleague saying that I'm not aware of what's 19 going on, needless to say, that we are deeply 20 engaged in protecting both school aid and 21 looking with very keen eyes in reducing 22 property tax at the same time. 23 SENATOR FLANAGAN: Madam 24 President -- thank you, Senator Kruger -- on 25 the bill.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Flanagan, on the bill. 3 SENATOR FLANAGAN: Senator 4 Kruger, I just want to point out, I would have 5 to -- unfortunately, I would have to -- no, 6 not unfortunately, fortunately I would agree 7 with Senator DeFrancisco. Because not only 8 are you wrong on the facts, but now you're 9 revising history. 10 Senator Skelos and this conference 11 were the first group to stand up and say there 12 should be absolutely no midyear school cuts, 13 period. Others came along, including you, and 14 ultimately that's what was happening. And 15 that's what did happen. That was a good thing 16 for school districts and for property 17 taxpayers. 18 I voted for the DRP. I voted for 19 the DRP, along with many of my colleagues -- 20 acted responsibly, offered alternatives, came 21 out with a real plan, the bulk of which was 22 ultimately adopted by this house, with the 23 Assembly and with the Governor. So please, if 24 we're going to have a discussion about the 25 facts, get them straight.

Candyco Transcription Service, Inc. 1 Now, as it relates to this bill, I 2 asked the question about school aid because 3 now we have timing problems. Now we have 4 legitimate considerations, and school 5 districts don't know what's going on. 6 Unfortunately, I think most of them said, 7 We'll probably assume no more money from the 8 state budget. At this point, that's probably 9 a safe bet. 10 But I listened to what you were 11 saying, and I'm very happy to know that you 12 know so much about the State of Michigan. I 13 wish we had as much as knowledge about the 14 State of New York and what's transpiring here. 15 I have been here for long enough to know that 16 we don't have to do an extender for a week. 17 We could do it for a day. 18 And I don't believe for one second 19 that if we were vote no on this -- and I'm 20 going to vote no, and I have voted no -- that 21 that's an irresponsible act. There have been 22 plenty of times and plenty of opportunities 23 for real negotiations in public. 24 And yes, will there be private 25 negotiation? I understand that. And no one's

Candyco Transcription Service, Inc. 1 naive to that. And I don't think Senator 2 DeFrancisco is naive to that either. 3 But at least get out some 4 information. At least get something out so 5 school districts can plan. 6 You know, maybe we should be 7 talking about extending their time for a 8 school budget vote because they don't have the 9 right information because there's nothing 10 forthcoming from you, there's no conference 11 committees. 12 Now, we're going to have an 13 amendment on the next bill having to do with 14 employee reserve funds in school districts. 15 That's something that should have happened. 16 That's something that's in your Senate 17 resolution. That's something I asked the 18 Governor in writing and on the phone to his 19 staff to put into this bill today, and they 20 didn't do it. 21 So please, if we're going to have 22 legitimate discussions about where we're 23 going, I think it's fair to look at where 24 we've been. And frankly, we've been nowhere. 25 And that's the problem. There should be much

Candyco Transcription Service, Inc. 1 more open dialogue. And if we have to stay 2 here every day, that's what we should be 3 doing. 4 So I don't mind having a debate, I 5 don't mind having a debate on the legitimate 6 facts. But we should be having that 7 discussion so all the residents of the State 8 of New York and the property taxpayers, most 9 importantly, can get a real glimpse of what's 10 going on here. 11 ACTING PRESIDENT SAVINO: Senator 12 Marcellino, on the bill. 13 SENATOR MARCELLINO: Thank you, 14 Madam President. 15 I have voted no on these extenders 16 since the beginning because I felt the system 17 was, frankly, dysfunctional, the process a 18 sham. I still think it's a dysfunctional 19 process and it's a sham. 20 We have just heard a dialogue 21 between Senator DeFrancisco and Senator Kruger 22 which, frankly, reinforces my worst fears. 23 The discussions, if there are any ongoing, are 24 going nowhere. We don't know what the 25 disagreement is about. We hear it's about

Candyco Transcription Service, Inc. 1 something, what we read in the papers. I 2 don't know if I can trust everything I read in 3 the papers. It's not always the truth. It's 4 not always factual. 5 Yet we're kind of left with that. 6 Then, when we go back to our constituents and 7 they say, "What's going on?", I don't know any 8 more than they do, because they read the 9 papers as well as I do. 10 The name of the game is we're 11 supposed to be discussing something very 12 serious here. That is the State of New York's 13 budget. And we're really not. There are no 14 discussions going on. This side of the aisle 15 is not involved. I don't know how many of 16 your side of the aisle, the Majority side, is 17 involved, if anybody. Is it just three 18 leaders in a room? I don't know. Are we back 19 to that again, three leaders in a room? 20 I thought we got away from that. 21 We were supposed to. Everybody said at one 22 time that that's what we wanted. But we seem 23 to have gotten away from that. Now we're back 24 to three people in a room. 25 I don't even know who the three

Candyco Transcription Service, Inc. 1 people are at any given time anymore. At 2 least then we had an idea. Now we don't. We 3 read all kinds of things in the paper and the 4 public is getting, frankly, more and more 5 frustrated and angrier and angrier. 6 School budgets. Senator Flanagan 7 is 100 percent correct. School districts 8 throughout the state are setting their budgets 9 now for their vote in May. They have to 10 present it to the public. They have to go 11 forward. They're going forward with the 12 Governor's proposal, in most cases, because 13 they don't know of anything else. They'd like 14 to present an accurate picture to their 15 constituents. They cannot, because we have we 16 haven't given them the information. 17 I think that's terrible. We 18 definitely should give them everything we 19 know. We definitely should let them know 20 what's going on. Yet we cannot because we do 21 not know the answers, and we do not get any 22 answers when we ask. 23 The Comptroller of the state -- who 24 is an excellent friend. I've known him for 25 many, many years. I voted to put him in when

Candyco Transcription Service, Inc. 1 we all had that selection process. Which was 2 under some controversy, because the sitting 3 governor at that time was opposed to the 4 process and didn't like the way it was done, 5 even though it was constitutional and 6 according to the law. He kind of felt he was 7 above the law. Well, that changed. 8 Comptroller DiNapoli says we're 9 going run out of money in June. The Governor, 10 Governor Paterson says we're going to run out 11 of money in June. Lieutenant Governor Ravitch 12 says we're going to run out of money in June. 13 Are we going to keep doing this dysfunctional 14 process till we run out of money? 15 Then what are you going to do? 16 Then what happens? Are we going to close all 17 our schools? Are we going to close the rest 18 stops on the highways? Are we going to tell 19 the State Police, the state troopers to go 20 home? Are we going to close down all the 21 labor departments and all the health 22 departments? Are we going to close down the 23 DEC? Are we going to close down everybody 24 throughout the state because we're going to 25 allow this process to run out of money? Well,

Candyco Transcription Service, Inc. 1 if we keep doing this, this is what the 2 Comptroller has said is going to happen. 3 Now, I don't see that as real. I 4 don't see that as a good thing. I think that 5 is a bad thing and we've got to end it now. 6 And I think we must end it now. 7 I'm going to vote no on this 8 resolution because it's not helpful and it's 9 not going to solve the problem. And I think 10 we need to get down to serious budget 11 negotiations -- all of us together. Not just 12 three people in a room, all of us together. 13 I'll be voting no, Madam President. 14 ACTING PRESIDENT SAVINO: Are 15 there any other Senators wishing to be heard 16 on the bill? 17 Senator Diaz, on the bill. 18 SENATOR DIAZ: Thank you. Thank 19 you, Madam President. Would Senator Kruger 20 take a question or two, please? 21 ACTING PRESIDENT SAVINO: Senator 22 Kruger has stepped out of the chamber. 23 SENATOR DeFRANCISCO: I'll answer 24 it for him. 25 (Laughter.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Thank 2 you, Senator Diaz. 3 Are there any other Senators 4 wishing to be heard on the bill. 5 Hearing none, debate is closed. 6 The Secretary will please ring the 7 bells. 8 Will the members please return to 9 the chamber. 10 Senator Diaz, are you requesting 11 that Senator Kruger yield for a question? 12 SENATOR DIAZ: Yes, Madam 13 President. 14 ACTING PRESIDENT SAVINO: Senator 15 Kruger, will you yield for a question from 16 Senator Diaz? 17 SENATOR CARL KRUGER: Yes, I 18 will, Madam President. 19 SENATOR DeFRANCISCO: Point of 20 order. 21 I thought that the debate was 22 closed. You rang the bells for the vote. 23 ACTING PRESIDENT SAVINO: Senator 24 DeFrancisco, I decided that I would grant 25 Senator Diaz the courtesy of getting his

Candyco Transcription Service, Inc. 1 question answered before we move forward. I'm 2 sure he won't be long. 3 SENATOR DeFRANCISCO: So this is 4 germane and its' timely and it's proper? 5 ACTING PRESIDENT SAVINO: It's my 6 decision. 7 SENATOR LIBOUS: Madam President. 8 Madam President -- 9 ACTING PRESIDENT SAVINO: Senator 10 Diaz has the floor. 11 SENATOR LIBOUS: Madam President, 12 point of order. 13 ACTING PRESIDENT SAVINO: What is 14 your point of order, Senator Libous? 15 SENATOR LIBOUS: My point of 16 order, Madam President, is if you wish to undo 17 what you did, we have to do it in the form of 18 a motion. 19 ACTING PRESIDENT SAVINO: Senator 20 Libous, your point of order is out of order. 21 This is simply a courtesy. 22 SENATOR LIBOUS: Madam President, 23 I am being as respectful as -- 24 ACTING PRESIDENT SAVINO: Senator 25 Diaz withdraws his question. And, Senator

Candyco Transcription Service, Inc. 1 Libous, we are back on -- 2 SENATOR LIBOUS: Thank you, Madam 3 President. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 424 are 15 Senators DeFrancisco, Flanagan, Golden, 16 Hannon, O. Johnson, Larkin, Libous, 17 Marcellino, Maziarz, Nozzolio, Ranzenhofer, 18 Seward, Skelos, Volker and Young. Also 19 Senator Griffo. Also Senator Winner. 20 Ayes, 44. Nays, 17. 21 ACTING PRESIDENT SAVINO: The 22 bill is passed. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 425, substituted earlier by the Assembly 2 Committee on Rules, Assembly Print Number 3 10848, an act to amend Part RR of Chapter 57 4 of the Laws of 2008. 5 SENATOR LIBOUS: Madam President. 6 ACTING PRESIDENT SAVINO: Senator 7 Libous. 8 SENATOR LIBOUS: I believe there 9 are four amendments at the desk, and the first 10 one is by Senator Robach. I would ask that 11 you waive its reading and call on the good 12 Senator, please. 13 ACTING PRESIDENT SAVINO: Senator 14 Robach, the reading is waived and you may 15 speak on your amendment. 16 SENATOR ROBACH: Yes, Madam 17 President. This amendment would provide for 18 funding authority for all capital construction 19 projects, including monies for road/bridge 20 contractors who haven't been paid since last 21 month. 22 This is the third time we've asked 23 our colleagues to support this. We talk about 24 the importance of jobs. Here's one where 25 every one of these has been appropriated.

Candyco Transcription Service, Inc. 1 It's a combination of federal and state money. 2 Work is being done. This is forcing work to 3 stop that's in progress, people to be laid off 4 at a time when we should be using this money 5 to create jobs as it was intended. 6 Not only roads, bridges, capital 7 construction, SUNY capital. I have a project 8 at Brockport College -- not only in proximity 9 to my district, also my alma mater -- an 10 academic field house and event center, 11 $29 million, shovel in the ground, now going 12 to suspend payment if we don't do something 13 different. 14 And after hearing the dialogue 15 between some of my colleagues and Senator 16 Kruger, I think it's even more imperative than 17 last week that we rectify the decision that 18 the Governor made not to put this in, as it 19 looks like this process may be going on, 20 unfortunately, for some time. 21 So I would urge that we do the 22 right thing, adopt this amendment to include 23 those capital projects with other money going 24 out the door so they can do the right thing, 25 get people back to work, finish the projects

Candyco Transcription Service, Inc. 1 with money that is there -- a combination, 2 again, of federal and state dollars -- and do 3 the right thing. 4 I would urge all my colleagues to 5 vote for this and at least, in this 6 unfortunate delay in the budget, try and do 7 the right thing for jobs and the economy and 8 get these projects moving. 9 Thank you, Madam President. 10 ACTING PRESIDENT SAVINO: Senator 11 Robach, after reviewing your amendment, I am 12 ruling your amendment out of order. 13 The bill in chief amends specific 14 sections of law relating to the Local 15 Government Assistance Corporation. The 16 subject of your nonsponsor amendment falls far 17 outside the narrow scope of the bill. 18 Therefore, it is not germane and out of order 19 under Rule 9, Section 3. 20 SENATOR LIBOUS: Madam President. 21 ACTING PRESIDENT SAVINO: Senator 22 Libous. 23 SENATOR LIBOUS: Point of order. 24 I respectfully disagree with your 25 ruling, and the amendment is not out of order.

Candyco Transcription Service, Inc. 1 We are dealing with an Article 7 bill that is 2 being amended. Article 7 bills can be 3 amended. His amendment is perfectly in order, 4 and I challenge the ruling of the chair. 5 ACTING PRESIDENT SAVINO: Senator 6 Libous, you may challenge the ruling of the 7 chair. 8 There's a motion to overturn the 9 ruling of the chair. All those in favor of 10 overruling the ruling of the chair please 11 indicate by raising your hand. 12 Announce the results. 13 THE SECRETARY: Ayes, 29. Nays, 14 32. 15 ACTING PRESIDENT SAVINO: The 16 motion fails. 17 SENATOR LIBOUS: Madam President. 18 ACTING PRESIDENT SAVINO: Senator 19 Libous. 20 SENATOR LIBOUS: I believe 21 there's an amendment at the desk by Senator 22 LaValle. I ask that you waive its reading and 23 please call on Senator LaValle. 24 ACTING PRESIDENT SAVINO: There 25 is an amendment at the desk. And the reading

Candyco Transcription Service, Inc. 1 is waived, and Senator LaValle may speak on 2 the amendment. 3 SENATOR LaVALLE: Thank you, 4 Madam President. 5 I'm going to preface my remarks 6 before I explain the amendment a bit. 7 My remarks are that I think 8 everyone knows and understands that school 9 property taxes have gone up and up and up each 10 year regardless of the state aid that we have 11 given to local school districts. If you 12 looked at a chart, prior to this year you 13 would see state aid going up and a parallel 14 line of increases in school real property 15 taxes. 16 We presently spend somewhere in the 17 neighborhood of about $55 billion to educate 18 our 3 million children in the State of 19 New York. $21 billion comes from state aid to 20 education, and the people of this state pay 21 the rest in higher property taxes. 22 This has received recognition by 23 the Governor and this body. This body has, in 24 a bipartisan way, passed tax cap legislation. 25 Democrats, Republicans. Today I'm giving

Candyco Transcription Service, Inc. 1 everyone an opportunity to follow what 2 Massachusetts and New Jersey has, by having a 3 tax cap of not 4 percent but 2.5 percent, 4 excluding capital construction projects, or 5 120 percent of the CPI, whichever is less. 6 This bill allows, as we have in 7 other instances, both an override and an 8 underride. We allow, if people in a school 9 district feel that they want to exceed the 10 limitations in the bill, and their state aid 11 is less than 5 percent, they can, with a vote 12 of 55 percent of the people, they could 13 override the cap. If they received 5 percent 14 or greater, they would need a 60 percent vote. 15 If they chose to go below the 16 limitation, they could take 1.5 percent, put 17 it in a bank, so that the following year they 18 could use up to 1.5 percent. 19 We also allow school districts on 20 their own to change the limitations by a vote 21 of the people to make it less than the 22 2.5 percent or the 120 percent of the CPI. 23 Today people are so focused on 24 spending. People are unemployed, people are 25 losing their homes. There is an emergency out

Candyco Transcription Service, Inc. 1 there. There is an exigency that has not 2 existed heretofore. And so we take this 3 measure, even though our house has passed a 4 4 percent cap, or 120 percent of the CPI, 5 whichever is less. This bill, given this 6 time, is the right remedy. 7 Thank you, Madam President. 8 ACTING PRESIDENT SAVINO: Senator 9 LaValle, after reviewing your amendment, I 10 must also rule your amendment out of order. 11 As the bill in chief amends 12 specific sections of law relating to local 13 government assistance, the subject of your 14 nonsponsor amendment, while it is persuasive, 15 falls outside the scope of the bill. 16 Therefore, it is not germane and out of order 17 under Rule 9, Section 3. 18 Senator Libous. 19 SENATOR LIBOUS: Thank you, Madam 20 President. 21 I stand to challenge the ruling of 22 the chair because I would entirely disagree 23 with you, Madam President, that the bill is 24 germane. It is germane as it pertains to a 25 portion of New York State in which the state

Candyco Transcription Service, Inc. 1 needs to continue to function. 2 As I said earlier, this is a bill 3 that is not an appropriation bill, this is an 4 Article 7 bill in which language can be 5 submitted to the bill as it pertains to those 6 issues that are important to the fiscal nature 7 of this state, as Senator LaValle's amendment. 8 Therefore, I would appeal the 9 ruling of the chair. 10 ACTING PRESIDENT SAVINO: Senator 11 Libous, my ruling stands. 12 Are you making a motion to appeal 13 the ruling of the chair? All those who wish 14 to overturn the ruling of the chair please 15 signify by raising your hand. 16 Announce the results. 17 THE SECRETARY: Ayes, 29. Nays, 18 32. 19 ACTING PRESIDENT SAVINO: The 20 motion fails. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, Madam 23 President. 24 I believe there's another amendment 25 at the desk, by Senator Flanagan. I ask that

Candyco Transcription Service, Inc. 1 you waive its reading and please call on 2 Senator Flanagan. 3 ACTING PRESIDENT SAVINO: There 4 is an amendment at the desk. The reading has 5 been waived and, Senator Flanagan, you may be 6 heard on the amendment. 7 SENATOR FLANAGAN: Thank you, 8 Madam President. 9 I'm going to try and get ahead of 10 the curve on this one in some of my comments. 11 This amendment would allow for 12 flexibility for school districts. This 13 amendment is directed at local property 14 taxpayers, and the substance and the timing of 15 it is important right now. And this is 16 probably more important than many other things 17 we're discussing because of school budgets 18 that have to be put together. 19 All of you know that school budgets 20 had to be put into State Ed by April 24th. 21 They have a little bit of latitude, so we have 22 a very small window to give them an 23 opportunity to advance something that the 24 Governor had put in his budget, that the 25 Senate Democrats had put in their budget

Candyco Transcription Service, Inc. 1 resolution, as well as the Assembly Democrats. 2 Slight variations in language, but 3 basically we're allowing school districts to 4 take excess funds in the employee benefit 5 accrued liability reserve fund and apply that 6 to reduce their property tax levy. We're 7 talking about property tax relief, we're 8 talking about rebates, we're talking about tax 9 caps. This goes right to the heart of the 10 issue because it allows school districts to 11 take some of that money and apply it directly 12 to the property tax levy. 13 I believe this is relevant, Madam 14 President. I believe it's germane to the 15 discussion we're having because we had a bill 16 today where we gave out several billion 17 dollars in school aid. We are debating in the 18 context of the budget -- you can call it an 19 extender, you can call it an emergency 20 appropriation. But at the rate we're going, 21 the way we're going to do the budget is with 22 52 one-week extenders. So we are arguably 23 doing the budget in some way, shape, form or 24 fashion. 25 Again, this is directed at school

Candyco Transcription Service, Inc. 1 districts, more importantly, to the local 2 property taxpayer, to help reduce the burden 3 that they are suffering through already. 4 ACTING PRESIDENT SAVINO: Senator 5 Flanagan, alas, after reviewing your 6 amendment, I'm also going to have to rule it 7 out of order. 8 The bill in chief amends specific 9 sections of law relating to the Local 10 Government Assistance Corporation. The 11 subject of your nonsponsor amendment falls 12 outside the narrow scope of the bill. 13 Therefore, it is not germane and out of order 14 under Rule 9, Section 3. 15 Senator Libous. 16 SENATOR LIBOUS: Madam President, 17 I again rise, and I must say that this time I 18 rise with great frustration, in that the 19 opportunity to vote on these amendments does 20 not come before the floor. 21 I believe that your ruling is out 22 of order, that the amendment is germane. And 23 quite frankly, I would ask my colleagues on 24 the other side of the aisle who have stood on 25 this floor and talked about openness in

Candyco Transcription Service, Inc. 1 government -- Senator Krueger, Senator 2 Valesky, who's been involved in reform, 3 Senator Aubertine, Senator Johnson, Senator 4 Schneiderman and others who have talked about 5 reform and talked about the opportunity to 6 bring bills to the floor and vote. 7 Now, these are amendments, and it's 8 pretty clear to see what's going on here. 9 While you let us explain our amendments, you 10 then rule them non-germane. 11 I don't know how much more germane 12 you can get than the three amendments that 13 were just put on this floor, Madam President. 14 They deal with an extender, they deal with an 15 Article 7. And I think everybody in this 16 chamber is familiar with Article 7. 17 And to say that they are 18 non-germane and out of order is extremely 19 disappointing. And I would hope that some of 20 the folks that I just offered to -- Senator 21 Breslin, I know you care about openness in 22 government also and would join us in 23 overriding the ruling of the chair, because it 24 is dead wrong. 25 ACTING PRESIDENT SAVINO: Are you

Candyco Transcription Service, Inc. 1 making a motion to overrule the ruling of the 2 chair, Senator Libous? 3 SENATOR LIBOUS: I am, Madam 4 President. 5 ACTING PRESIDENT SAVINO: There's 6 a motion to overturn the ruling of the chair. 7 All those in favor of overturning the ruling 8 of the chair please signify by raising your 9 hand. 10 Announce the results. 11 THE SECRETARY: Ayes, 29. Nays, 12 32. 13 ACTING PRESIDENT SAVINO: The 14 motion fails. 15 SENATOR LIBOUS: Madam President. 16 ACTING PRESIDENT SAVINO: Senator 17 Libous. 18 SENATOR LIBOUS: I believe 19 there's an amendment at the desk. I would ask 20 that you please waive its reading and call on 21 Senator McDonald, please. 22 ACTING PRESIDENT SAVINO: Senator 23 Libous, there is an amendment at the desk. 24 The reading has been waived, and Senator 25 McDonald is recognized to speak on the

Candyco Transcription Service, Inc. 1 amendment. 2 SENATOR McDONALD: Thank you, 3 Madam President. 4 My amendment is based upon the 5 Governor's bill sent to us Thursday to include 6 a $17 million loan for the New York Racing 7 Association that was originally proposed as 8 part of the $250 million appropriation 9 earmarked for capital projects. 10 Why is it germane? Why is it not 11 out of order? The racing industry in New York 12 State is very significant. Many people -- 13 small business people, large ones -- they're 14 in the process of booking rooms in the North 15 Country. Not just Saratoga, the entire 16 Adirondack region, the Capital Region. 17 The racing industry is more than 18 Belmont, Aqueduct, it's also our great track 19 in Saratoga. Which is where I live, which 20 I've been going to all my life. 21 It's germane because people make 22 money. And right now the reputation of us not 23 acting on this issue, coupled with the VLT 24 failures of naming a franchise, where the 25 money would have already been here if it was

Candyco Transcription Service, Inc. 1 done properly, if it was done on time -- the 2 germaneness, the germaneness, whatever it is, 3 why it's not out of order, the reasons are 4 human. There are people up there. They need 5 this kind of economic activity. 6 If we rule this out of order right 7 now, the headline tomorrow will say the 8 tracks, tourism in the Adirondacks, Saratoga, 9 Lake George, Lake Placid -- places that we all 10 love, all of us -- is not germane, it's out of 11 order. Do you want to send that signal to 12 hundreds of thousands of people that they're 13 out of order, they're not germane? 14 I'm sending that signal. I'm 15 agreeing with the Governor. Wasting a day is 16 wasting the ability for our small business 17 community to survive, for the agricultural 18 industry that supports the racing industry to 19 survive. For people who love this state as 20 much as we do who live here, who work here, 21 who raise their families here, who have been 22 patient with this whole VLT fiasco, who have 23 been patient with our ineptitude here not 24 doing budgets. 25 I won't do that. So if it fails

Candyco Transcription Service, Inc. 1 today, you are saying a region of upstate 2 New York is out of order, is not germane. I 3 know you don't really think that way. Show 4 it. Get beyond politics. We're going to do 5 this. 6 Recognize that the Chamber of 7 Commerces -- I'll be introducing them 8 tomorrow, they're coming to visit -- they're 9 not here as Republicans or Democrats. They're 10 representing hotels, restaurants, 11 entertainment entities, the men and women who 12 work in those facilities. They don't care 13 about our politics. I don't care about our 14 politics. I just care about the people, and 15 I'm sure you do too. 16 So I'm raising my hand now to say I 17 vote against it being out of order and 18 non-germane. Is there anybody who agrees with 19 me? Raise your hand now. Right. 20 I've said what I wanted to say. I 21 thank you for the opportunity. But this 22 racing issue is not going to go away. 23 Seriously. We have to deal with it. We're 24 losing a million dollars a day on the VLTs. 25 If you add up the numbers, that's over a

Candyco Transcription Service, Inc. 1 billion since this has been going on, not 2 counting the $300 million up front. 3 We can change that. Let's get 4 these people to work up there. Let's get 5 these people planning a summer to make sure 6 New Yorkers stay in New York and people from 7 all over the country that come here come here. 8 They love it. They love us. They love us for 9 having this facility. 10 So vote with us. It's germane. 11 Those are germane people up there. They're 12 more than germane. You know what they are? 13 They're New Yorkers. They're New Yorkers too. 14 Thank you. 15 ACTING PRESIDENT SAVINO: Senator 16 Farley, to speak on the nonsponsor amendment. 17 SENATOR FARLEY: Thank you, Madam 18 President. 19 This is an opportunity for this 20 house to show some leadership. What we're 21 talking about in this amendment is basically 22 the Governor's bill that he introduced 23 yesterday which allows the racing industry in 24 this state to continue. 25 In particular, let's look at

Candyco Transcription Service, Inc. 1 Saratoga. Terrible things are happening. We 2 all know that the Saratoga season this summer 3 is a very, very large part of not only this 4 Capital District area but of the State of 5 New York and nationally. They come from all 6 over the country for this. 7 What is happening is chilling 8 things that are happening because we're not 9 doing this, and the Governor has put forward 10 this bill to allow the racing industry to move 11 forward. 12 And I would urge my colleagues to 13 advance this amendment because it really 14 promotes the Governor's bill, which we have to 15 do, which we will do. And it is really not 16 something that is controversial. It's not 17 Republican, it's not Democrat. It's the right 18 thing to do. And I urge you to vote yes on 19 this amendment, and we can go forward and show 20 that this house really cares about a huge 21 industry in this state, the racing industry. 22 I urge a yes vote. 23 Thank you, Madam President. 24 ACTING PRESIDENT SAVINO: Senator 25 Little, on the nonsponsor amendment.

Candyco Transcription Service, Inc. 1 SENATOR LITTLE: Thank you, Madam 2 President. If I may, I would like to add to 3 the discussion. 4 The Saratoga racing season is 5 probably one of the most successful racing 6 seasons in the country. And we are less than 7 12 weeks away from the beginning of that 8 racing season. Word is out that there may be 9 issues, that it may not begin, that we may not 10 have that season. Which I hope is totally 11 false. However, when people hear that, they 12 tend to change their plans. They may not plan 13 on coming here. 14 I don't represent Saratoga, but I 15 represent Washington County, Warren County, 16 Essex County, the Adirondack region. And we 17 are totally dependent upon Saratoga visitors 18 during the month of August. The month of 19 August is one of the better months for tourism 20 within my area, and it's totally due to the 21 Saratoga Racetrack attracting people from all 22 over the country. 23 We have people there who are 24 spending money, who are bringing in sales tax 25 not only for our counties but for the State of

Candyco Transcription Service, Inc. 1 New York. We know we're all in trouble. But 2 we really should help our big 3 revenue-producers to produce the revenue to 4 help us get out of trouble. 5 We would not need this loan -- and 6 that's exactly what it is, it's a loan for 7 NYRA -- if we had gotten the Aqueduct up and 8 operating by now. But because we haven't, 9 this loan is needed for their operating 10 expenses and to get them through the season. 11 I would ask all of you to help us 12 with this issue. We have written to the 13 Governor and asked him to put it in the 14 extenders. Hopefully, if this does not pass, 15 he will put it in the extender budget next 16 week. But we need help, and I hope that you 17 will understand and vote for this. 18 Thank you. 19 ACTING PRESIDENT SAVINO: Senator 20 McDonald, though it pains me to say this, 21 after having reviewed your amendment I am also 22 going to have to rule it out of order. 23 The bill in chief amends specific 24 sections of law relating to the Local 25 Government Assistance Corporation. The

Candyco Transcription Service, Inc. 1 subject of your nonsponsor amendment falls 2 outside the narrow scope of the bill. 3 Therefore, it is not germane and out of order 4 under Rule 9, Section 3. 5 Senator Libous. 6 SENATOR LIBOUS: Madam President, 7 unfortunately, I rise to again disagree with 8 you. 9 And I believe that Senator McDonald 10 did a fine job of articulating why this bill 11 was germane, and I challenge the ruling of the 12 chair. 13 ACTING PRESIDENT SAVINO: There's 14 a motion to challenge the ruling of the chair. 15 All those in favor of overturning the ruling 16 of the chair please indicate by raising your 17 hand. 18 Announce the results. 19 THE SECRETARY: Ayes, 29. Nays, 20 32. 21 ACTING PRESIDENT SAVINO: The 22 motion fails. 23 We are now on the bill in chief. 24 Are there any Senators wishing to speak on the 25 bill?

Candyco Transcription Service, Inc. 1 Seeing none, the debate is closed. 2 The Secretary will ring the bells. I ask all 3 the members to please return to the chamber. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 425 are 14 Senators Alesi, Bonacic, DeFrancisco, Farley, 15 Flanagan, Fuschillo, Golden, Griffo, Hannon, 16 O. Johnson, Lanza, Larkin, LaValle, Leibell, 17 Libous, Little, Marcellino, Maziarz, McDonald, 18 Nozzolio, Padavan, Ranzenhofer, Robach, 19 Saland, Seward, Skelos, Volker, Winner and 20 Young. 21 Ayes, 32. Nays, 29. 22 ACTING PRESIDENT SAVINO: The 23 bill is passed. 24 Senator Klein, that completes the 25 reading of the controversial supplemental

Candyco Transcription Service, Inc. 1 calendar. 2 SENATOR KLEIN: Madam President, 3 on behalf of Senator Smith, I hand up the 4 following committee notice and ask that it be 5 filed in the Journal. 6 ACTING PRESIDENT SAVINO: To be 7 filed in the Journal. 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 is there any further business at the desk? 11 ACTING PRESIDENT SAVINO: Senator 12 Klein, the desk is clear. 13 SENATOR KLEIN: There being no 14 further business, Madam President, I move that 15 we adjourn until Tuesday, April 27th, at 16 3:00 p.m. 17 ACTING PRESIDENT SAVINO: There 18 being no further business to come before the 19 Senate, on motion, the Senate stands adjourned 20 until Tuesday, April 27th, at 3:00 p.m. 21 (Whereupon, at 7:28 p.m., the 22 Senate adjourned.) 23 24 25

Candyco Transcription Service, Inc.