Monday, May 10, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 10, 2010 11 3:47 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG M. JOHNSON, 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 JOHNSON: The 3 Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT JOHNSON: In the 10 absence of clergy, may we all bow our heads in 11 a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT JOHNSON: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Sunday, May 9, the Senate met pursuant to 19 adjournment. The Journal of Saturday, May 8, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT JOHNSON: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Madam 10 President -- I'm sorry, Mr. President. 11 ACTING PRESIDENT JOHNSON: Out of 12 order, Senator Klein. 13 (Laughter.) 14 SENATOR KLEIN: I have several 15 motions. 16 First, on behalf of Senator Parker, 17 I move that the following bills be discharged 18 from their respective committees and be 19 recommitted with instructions to strike the 20 enacting clause: Senate Number 1935, Senate 21 Number 2080, Senate Number 2083. 22 ACTING PRESIDENT JOHNSON: So 23 ordered. 24 Senator Klein. 25 SENATOR KLEIN: On behalf of

Candyco Transcription Service, Inc. 1 Senator Thompson, I move that the following 2 bill be discharged from its respective 3 committee and be recommitted with instructions 4 to strike the enacting clause: Senate Number 5 7518. 6 ACTING PRESIDENT JOHNSON: So 7 ordered. 8 Senator Klein. 9 SENATOR KLEIN: On behalf of 10 Senator Breslin, on page number 29 I offer the 11 following amendments to Calendar Number 482, 12 Senate Print Number 7408, and ask that said 13 bill retain its place on Third Reading 14 Calendar. 15 ACTING PRESIDENT JOHNSON: So 16 ordered. 17 Senator Klein. 18 SENATOR KLEIN: On behalf of 19 Senator Addabbo, on page number 20 I offer the 20 following amendments to Calendar Number 366, 21 Print Number 5447B, and ask that said bill 22 retain its place on Third Reading Calendar. 23 ACTING PRESIDENT JOHNSON: So 24 ordered. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: On behalf of 2 Senator Savino, on page 13 I offer the 3 following amendments to Calendar Number 196, 4 Senate Print Number 2311B, and ask that said 5 bill retain its place on Third Reading 6 Calendar. 7 ACTING PRESIDENT JOHNSON: So 8 ordered. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, on 11 behalf of Senator Addabbo, I wish to call up 12 Print Number 6910, recalled from the Assembly, 13 which is now at the desk. 14 ACTING PRESIDENT JOHNSON: The 15 Secretary will read the title of the bill. 16 THE SECRETARY: Calendar Number 17 236, by Senator Addabbo, Senate Print 6910, an 18 act to amend the Election Law. 19 ACTING PRESIDENT JOHNSON: 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 now move to reconsider the vote by which this 23 bill was passed. 24 ACTING PRESIDENT JOHNSON: Call 25 the roll on reconsideration.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 ACTING PRESIDENT JOHNSON: The 4 bill is restored to Third Reading Calendar. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, I 7 now offer the following amendments. 8 ACTING PRESIDENT JOHNSON: 9 Amendments received. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, on 12 behalf of Senator Ruth Hassell-Thompson, I 13 wish to call up Calendar Number 245, Assembly 14 Print Number 8873. 15 ACTING PRESIDENT JOHNSON: The 16 Secretary will read the title. 17 THE SECRETARY: Calendar Number 18 245, by Member of the Assembly Gibson, 19 Assembly Print Number 8873, an act to amend 20 the Social Services Law. 21 ACTING PRESIDENT JOHNSON: 22 Senator Klein. 23 SENATOR KLEIN: I now move to 24 reconsider the vote by which this Assembly 25 bill was substituted for Print Number 3754 on

Candyco Transcription Service, Inc. 1 3/15. 2 ACTING PRESIDENT JOHNSON: The 3 Secretary will call the roll on 4 reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT JOHNSON: 8 Senator Klein. 9 SENATOR KLEIN: I now move that 10 Assembly Bill Number 8873 be recommitted to 11 the Committee on Social Services and that the 12 Senate bill be restored to the order of Third 13 Reading Calendar. 14 ACTING PRESIDENT JOHNSON: So 15 ordered. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 now offer the following amendments. 19 ACTING PRESIDENT JOHNSON: 20 Amendments received. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe Senator Libous also has some 24 amendments. 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Mr. President and Senator Klein. 4 On behalf of Senator Morahan, 5 Mr. President, on page 28 I offer up the 6 following amendments to Calendar Number 471, 7 Senate Print Number 7432, and I ask that said 8 bill retain its place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT JOHNSON: So 11 ordered. 12 SENATOR LIBOUS: Thank you. 13 ACTING PRESIDENT JOHNSON: 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe there's a resolution at the desk by 17 Senator Breslin. I ask that the resolution be 18 read in its entirety and move for its 19 immediate adoption. 20 ACTING PRESIDENT JOHNSON: 21 Senator 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 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: The 2 Secretary will read. 3 THE SECRETARY: By Senators 4 Breslin, Savino and Peralta, legislative 5 resolution objecting to the furlough language 6 in the emergency appropriation legislation for 7 the period of April 1, 2010, through May 19, 8 2010, and requesting Governor David A. 9 Paterson resubmit the emergency appropriation 10 legislation without including language that 11 would authorize the Governor to impose 12 furloughs on certain state employees. 13 "WHEREAS, The Governor submitted to 14 the New York State Senate and to the New York 15 State Assembly an emergency appropriation 16 bill, Governor's Program Bill Number 250, for 17 the period through May 20, 2010; and 18 "WHEREAS, Unless such bill is 19 passed by both houses of the Legislature and 20 signed by the Governor, New York State 21 government would be forced to shut down 22 because necessary expenditures would not be 23 authorized and could not be made; and 24 "WHEREAS, Notwithstanding the need 25 to pass the emergency appropriation bill to

Candyco Transcription Service, Inc. 1 ensure continued operation of state 2 government, without consultation with the 3 Senate the Governor inserted in such emergency 4 appropriation bill a provision which mandates 5 a nonconsensual furlough to apply to select 6 employees of the executive branch, resulting 7 in their loss of one day's pay in direct 8 contravention of their respective collective 9 bargaining agreements; and 10 "WHEREAS, The unions representing 11 these employees have negotiated collective 12 bargaining agreements that are currently in 13 full force and effect which establish the 14 terms and conditions of their members' 15 employment in accordance with the New York 16 State Constitution, the United States 17 Constitution, and the Taylor Law of the State 18 of New York, which grants public employees the 19 right to organize and enter into binding 20 collective bargaining agreements with the 21 state and its municipal agents; and 22 "WHEREAS, The Governor has not 23 sought to reach a voluntary furlough agreement 24 with any of the unions representing the 25 workers subject to these provisions to resolve

Candyco Transcription Service, Inc. 1 outstanding concerns; and 2 "WHEREAS, The furlough is estimated 3 to impact 100,000 workers, the vast majority 4 of which make under $50,000 per year; and 5 "WHEREAS, The language in the bill 6 requiring a one-day furlough is contrary to 7 the laws and public policy of this state; and 8 "WHEREAS, This Legislative Body 9 believes it is not reasonable or fiscally 10 necessary to impose furloughs on unionized 11 state employees in violation of their existing 12 collective bargaining agreements in order to 13 address the budget crisis; and 14 "WHEREAS, There are other 15 alternatives available that can address the 16 fiscal challenges faced by the state which do 17 not violate the public policy of the state, 18 the New York State and the United States 19 Constitutions, the Civil Service Law, the 20 Taylor Law, and union contracts; and 21 "WHEREAS, This Legislative Body may 22 not alter an appropriation bill submitted by 23 the Governor except to strike out or reduce or 24 add items of appropriation; and 25 "WHEREAS, In order to avoid a

Candyco Transcription Service, Inc. 1 shutdown of all the state's essential services 2 the Legislature has little choice but to vote 3 for the provisions of the emergency 4 appropriation bill, notwithstanding its 5 objections to the furlough provision of the 6 bill; now, therefore, be it resolved 7 "RESOLVED, That this Legislative 8 Body pause in its deliberations to object to 9 the furlough language in the emergency 10 appropriation language for the period of 11 April 1, 2010, through May 19, 2010, and 12 requesting Governor David A. Paterson resubmit 13 the emergency appropriation legislation 14 without including language that would 15 authorize the Governor to impose furloughs on 16 certain state employees; and be it further 17 "RESOLVED, That this Legislative 18 Branch pause further to request Governor David 19 A. Paterson grants a message of necessity and 20 a message of appropriation for such new bill 21 to ensure that the bill can be voted on by the 22 Senate on Monday, May 10, 2010; and be it 23 further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

Candyco Transcription Service, Inc. 1 to the Honorable David A. Paterson, Governor 2 of the State of New York; Lieutenant Governor 3 Richard Ravitch; Speaker of the New York State 4 Assembly, Sheldon Silver; and Assembly 5 Minority Leader Brian Kolb." 6 ACTING PRESIDENT JOHNSON: 7 Senator Breslin. 8 SENATOR BRESLIN: Thank you, 9 Mr. President. 10 This resolution relates to the 11 Governor's Program Bill 250. That's what we 12 commonly refer to as the extender bill. And 13 contained in that bill this week is a furlough 14 provision for 100,000 New York State 15 employees. 16 Those 100,000 employees, most of 17 whom make less than $50,000, have mortgage 18 payments, tuition payments, payments to buy 19 food each week. Their union members have 20 negotiated contracts that didn't include any 21 discussion of furloughs. It's collective 22 bargaining under the Taylor Law. An 23 opportunity was had to discuss furloughs, but 24 it wasn't. There's been no emergency created 25 where the Governor said, "Come on in, let's

Candyco Transcription Service, Inc. 1 sit down, let's discuss it." This is a 2 unilateral decision by the Governor. 3 And it's a unilateral decision by 4 the Governor to force us to vote against the 5 extender bill. 6 Now, what if we voted against that 7 extender bill -- an extender bill that has 8 health insurance for every employee in the 9 State of New York, and if we voted against 10 that extender bill and it failed, everyone 11 would be without health insurance. Someone 12 who might need an operation the next day would 13 have to pay for it themselves. 14 Motor vehicle departments would be 15 closed down. State Police would be at an 16 impasse. Construction projects, all 17 construction projects would not be paid. 18 Health and Medicaid would be affected, 19 $1.45 million, which includes 250 hospitals, 20 400 nursing homes. 21 The Department of Taxation and 22 Finance would be unable to collect revenues, 23 would in fact be unable to bring in receipts. 24 Things like the Association for the Blind, the 25 School for the Deaf would have temporary

Candyco Transcription Service, Inc. 1 closures. And it goes on and on and on. 2 No one expects to us close down 3 state government. They've tried it in other 4 states: Michigan, New Jersey, Tennessee, 5 Pennsylvania. The U.S. government tried it. 6 And in each of those states, there was a lot 7 of politics that went into it. But they 8 didn't get to the final consideration -- who 9 gets hurt. The people of the State of 10 New York get hurt. 11 So to include this furlough 12 provision in that extender creates chaos, 13 total chaos. And what this resolution would 14 do, it's asking the Governor: Governor, take 15 back your extender provision which includes 16 the furloughs, take it back today and reissue 17 today another extender without the furlough 18 provisions. Otherwise, many will be faced 19 with a choice, and that choice could include 20 closing state government. In order, some 21 would say, to pander to a few. 22 My view is that the unions are on 23 correct footing and when they bring this 24 appeal, after we pass the extender, they will 25 be successful in court.

Candyco Transcription Service, Inc. 1 But we cannot close state 2 government. So this resolution again says, 3 Governor, please take your extender bill back, 4 amend it today, give us an extender bill 5 without the furlough provision, and we will 6 pass it. Albeit we may only pass it 32 to 30, 7 but we will pass it. 8 So I urge everyone to vote in favor 9 of this resolution to send a message to the 10 Governor, a polite message, that the extender 11 bill as presented today is wrong and to give 12 us an extender bill that will provide basic 13 services without hurting those 100,000 14 employees. 15 Thank you, Mr. President. 16 ACTING PRESIDENT JOHNSON: Thank 17 you, Senator Breslin. 18 Senator Klein. 19 SENATOR KLEIN: Thank you, 20 Mr. President. 21 I want to thank Senator Breslin for 22 bringing forth this resolution and explaining 23 it so eloquently. 24 Certainly emotions are running 25 high. Our budget is late. We have over a

Candyco Transcription Service, Inc. 1 $9 billion budget deficit. But I still think 2 it's incumbent upon us to act in a rational 3 fashion. And that means coming up with a 4 budget that is balanced and that reflects the 5 needs of New Yorkers. 6 The reading of the law on furloughs 7 is very, very clear. When they're negotiated 8 outside a collective bargaining agreement, 9 they're illegal. It was tried in California 10 recently. It was also recently tried in 11 Maryland; again, ruled unconstitutional. 12 And those who remember their 13 history remember when then-Governor Cuomo 14 tried to put forth a pay lag, that was also 15 struck down as a violation of collective 16 bargaining and a violation of the Taylor Law. 17 So clearly the Governor trying 18 force our hand through this budget extender 19 doesn't do anyone any good. We want 20 government to continue to run, even though on 21 a weekly basis. We want to make sure that 22 unemployment insurance continues to go to 23 those who need it. We want to make sure 24 Medicaid monies still go through our hospitals 25 so they continue to run.

Candyco Transcription Service, Inc. 1 So today, by voting on this 2 extender, I think we're doing the best we can 3 for state workers as well as our constituents 4 who want to see government run on a daily 5 basis. It's just unfortunate that part of 6 that very important extender also includes a 7 furlough which is clearly illegal. 8 So again, I want to thank Senator 9 Breslin. And of course I vote yes on this 10 resolution. 11 ACTING PRESIDENT JOHNSON: Thank 12 you, Senator Klein. 13 Senator Savino. 14 SENATOR SAVINO: Thank you, 15 Mr. President. 16 I also rise in support of this 17 resolution, and I want to thank Senator 18 Breslin and Senator Peralta for cosponsoring 19 it with me. 20 You know, before I came to the 21 Senate I spent the previous 15 years of my 22 life in the New York City public-sector labor 23 movement, 10 years directly working for a 24 municipal union, sitting at the bargaining 25 table many times, in good times and in bad,

Candyco Transcription Service, Inc. 1 negotiating work rules, negotiating salaries, 2 negotiating benefits, protecting the services 3 that our members provided to the public and 4 the jobs that they themselves had. 5 I actually went to school and got a 6 degree -- Tommy, I did -- in labor relations, 7 from the Cornell Industrial School of Labor 8 Relation. And I learned a few things both at 9 Cornell and at the bargaining table in the 10 City of New York. It takes two to make a 11 bargain; it only takes one to break it. 12 In 2007 the Governor entered into a 13 collective bargaining agreement with the state 14 workforce where he agreed to certain 15 conditions that would go forward for the 16 length of that contract, including a 4 percent 17 pay raise that was due on April 1st. 18 The forecast for the State of 19 New York was pretty dire then too. The State 20 Comptroller at the time talked about out-year 21 budget deficits and its impact. And yet and 22 still, the Governor, in full knowledge of 23 that, sat down and negotiated a contract. 24 Under the Taylor Law in New York 25 State, wages, hours and terms and conditions

Candyco Transcription Service, Inc. 1 of employment are mandatory subjects of 2 collective bargaining. And any attempt to 3 change those are equally considered mandatory 4 subjects of collective bargaining. They 5 require formal negotiation and agreement, and 6 then they are required to be taken back to the 7 membership who ratified the original contract, 8 be voted on again before they can be put in 9 place. 10 None of that has happened here. In 11 spite of the Governor's statements to the 12 contrary that he has tried to get some 13 concessions from the union, there has not been 14 one single formal collective bargaining 15 session between the state workers and the 16 Governor's office. Perhaps they should go to 17 Cornell's Industrial School of Labor Relations 18 and learn a bit about labor negotiating. 19 Be that as it may, none of that has 20 happened. The Governor has presented us here 21 today a Hobson's choice. We can reject his 22 illegal act -- which is what is in this budget 23 extender, attempting to get us to legalize 24 what is illegal under the law and what has 25 been struck down in other states and what is

Candyco Transcription Service, Inc. 1 essentially settled law, that you cannot 2 abrogate a collective bargaining agreement 3 without concerted negotiation. That has not 4 happened. And after today, I think it's going 5 to be very difficult for the Governor to get 6 any level of cooperation from the state 7 workforce. 8 But he's asked us to legalize an 9 illegal act. And I'm not happy about it. I 10 don't think anybody in this room is happy 11 about it. But the alternative is far worse. 12 If we were to reject this extender bill and 13 shut down government, it doesn't just affect 14 the workers who collect a paycheck from the 15 state who are facing an illegal furlough, it 16 affects every other entity that is dependent 17 upon the state budget, from our school 18 districts to our hospitals to people who are 19 on unemployment, people who are on cash 20 assistance collecting money from the state 21 under the safety net program. Neil outlined a 22 whole host of institutions. 23 More importantly, for those state 24 workers who are facing this furlough right 25 now, if we shut down government, their health

Candyco Transcription Service, Inc. 1 insurance ceases. Heaven forbid one of them 2 needs emergency surgery or has a baby or some 3 other crisis in their life. It's not a risk 4 I'm willing to take. 5 We need to do everything we can to 6 call upon the Governor to send us a new bill 7 eliminating this illegal action, and send him 8 a clear message that we will not be party to 9 his illegal activity and encourage him to 10 actually sit down and negotiate. It is what 11 the Taylor Law calls for, it is what the 12 Constitution calls for. 13 And while is he busy on the radio 14 criticizing people who won't come to the 15 table, he hasn't opened the door and 16 designated where the table is. 17 So I fully support this resolution, 18 and I ask everyone to vote for it. And before 19 I close, I just want to point out a couple of 20 things. The Governor is estimating there are 21 about 100,000 state employees who will be 22 affected by this furlough. Of those 100,000 23 workers, the majority of them make under 24 $40,000 a year. They can't afford a 25 20 percent pay cut.

Candyco Transcription Service, Inc. 1 There are 14,000 employees on the 2 state workforce that make over $100,000 a 3 year. They're predominantly MCs. And not to 4 take anything away from the hard work of our 5 management confidential employees, they're not 6 being targeted for furlough. The Governor's 7 excuse is, well, they gave up their 4 percent 8 pay raise. They didn't give it up; he took it 9 away from them. They don't have collective 10 bargaining rights. The state workers and 11 their unions do. 12 There are 6,856 identified 13 employees who are disabled who are targeted by 14 this furlough. That is going to be the impact 15 on people -- the disabled, our lowest-paid 16 employees, our secretaries, our data entry 17 people. And yet the Governor's staff isn't 18 being furloughed. 14,000 people earning more 19 than $100,000 aren't going to be affected by 20 that. 21 This is outrageous. We need to 22 call on the Governor to stop this and to stop 23 it today. I urge all of you to vote yes on 24 this resolution. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: Thank 2 you, Senator Savino. 3 Senator Stavisky, on the 4 resolution. 5 SENATOR STAVISKY: Thank you, 6 Mr. President. 7 And thank you, Senator Breslin, for 8 so eloquently discussing this resolution, and 9 Senator Savino for your special insights into 10 the problems involved in labor-management 11 relations. 12 There's another group of people, 13 though, that we forget about, the people 14 employed in our higher education institutions. 15 And I would like to remind the Governor that 16 CUNY is not a state agency. The people who 17 work for the City University of New York 18 bargain collectively with CUNY, not with the 19 state, and yet they are subject to this 20 furlough. 21 The faculty, who teach on a 22 10-month basis, they are being subject to a 23 furlough for work that has already been 24 completed in many cases. Even as we meet here 25 today, students are taking final exams.

Candyco Transcription Service, Inc. 1 Professors are grading the final exams, 2 they're grading papers. And yet they're going 3 to be subjected to the furlough that the 4 Governor proposes. 5 And lastly, there are a great many 6 part-time employees who, if they are 7 furloughed, their healthcare benefits will be 8 jeopardized. They earn part-time wages, and 9 their income level will fall below the 10 threshold and they will not be entitled to 11 their healthcare benefits -- the 12 hospitalizations, the prescription drugs and 13 so on. 14 We have a terrible choice to make. 15 And as so often happens, we try to make the 16 less terrible choice, which is to vote for the 17 furlough and hope that the courts act in an 18 expeditious manner. 19 Thank you, Mr. President. And I 20 urge a positive vote on this resolution. 21 ACTING PRESIDENT JOHNSON: Are 22 there any other Senators that wish to be heard 23 on the resolution? 24 The question is on the resolution. 25 All those in favor please signify by saying

Candyco Transcription Service, Inc. 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT JOHNSON: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT JOHNSON: The 7 resolution is adopted. 8 Senator Breslin has indicated he 9 would like to open the resolution up for 10 cosponsorship by the entire house. Any 11 Senator wishing not to be on the resolution 12 please notify the desk. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, 15 there will be an immediate meeting of the 16 Finance Committee, followed by a meeting of 17 the Rules Committee in the Majority Conference 18 Room, Room 332. 19 Pending the return of the Rules 20 Committee can we please stand at ease. 21 ACTING PRESIDENT JOHNSON: There 22 will be an immediate meeting of the Finance 23 Committee, followed by an immediate meeting of 24 the Rules Committee in Room 332. 25 Pending the return of the Rules

Candyco Transcription Service, Inc. 1 Committee, the Senate will stand at ease. 2 (Whereupon, the Senate stood at 3 ease at 4:11 p.m.) 4 (Whereupon, the Senate reconvened 5 at 4:53 p.m.) 6 ACTING PRESIDENT JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 believe there's a report of the Rules 10 Committee at the desk. I move that we adopt 11 the report at this time. 12 ACTING PRESIDENT JOHNSON: There 13 is a report of the Rules Committee at the 14 desk. 15 The Secretary will read. 16 THE SECRETARY: Senator Smith, 17 from the Committee on Rules, reports the 18 following bill direct to third reading: 19 Senate Print 7777, by the Senate 20 Committee on Rules, an act making 21 appropriations for the support of government. 22 ACTING PRESIDENT JOHNSON: All 23 those in favor of adopting the Rules Committee 24 report please signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT JOHNSON: The 5 Rules Committee report is adopted. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, at 8 this time can we please go to a reading of the 9 Supplemental Calendar 45A. 10 ACTING PRESIDENT JOHNSON: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 507, by the Senate Committee on Rules, Senate 14 Print 7777, an act making appropriations for 15 the support of government. 16 ACTING PRESIDENT JOHNSON: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, is 19 there a message of necessity and appropriation 20 at the desk? 21 ACTING PRESIDENT JOHNSON: There 22 is a message of necessity and appropriation at 23 the desk. 24 SENATOR KLEIN: Mr. President, I 25 move to accept the message at this time.

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

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 507, by the Senate Committee on Rules, Senate 3 Print 7777, an act making appropriations for 4 the support of government. 5 ACTING PRESIDENT JOHNSON: 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. There's two amendments at the 9 desk. The first one is by Senator Flanagan. 10 I would ask that you waive its reading and 11 call on Senator Flanagan, please. 12 ACTING PRESIDENT JOHNSON: 13 Senator Flanagan, your amendment is here at 14 the desk. Without objection, the reading is 15 waived and you may speak on the amendment. 16 SENATOR FLANAGAN: Thank you, 17 Mr. President. 18 Obviously, we're doing another 19 extender bill today. And the amendment that 20 I'll be offering on behalf of our conference 21 today has to do with school districts, public 22 schools, and non-public schools. 23 Last year we know in the context of 24 the budget, outside the budget, there was a 25 lot of discussion about the MTA, its financial

Candyco Transcription Service, Inc. 1 viability, and ultimately there was a plan 2 that included the MTA payroll tax. And in 3 that debate we had a lot of spirited 4 discussion about what should happen with 5 school districts. 6 I believe that what was done at the 7 time was ill-advised, inappropriate, and not 8 helpful to school districts. And there are 9 those who say, "Well, you know, the school 10 districts have to pay this payroll tax, but 11 we're going to reimburse them." We could 12 frankly have avoided this problem had we just 13 never made it apply to school districts to 14 begin with. 15 This amendment would change the law 16 in two respects. Number one, it would 17 effectively repeal the MTA payroll tax as it 18 relates to school districts. We're adding a 19 second portion to that which deals with 20 non-public schools. 21 And I will say, in the spirit of 22 trying to be cooperative and bipartisan, the 23 second part of our amendment has to do 24 directly with a bill that has been introduced 25 but not moved yet by Senator Klein,

Candyco Transcription Service, Inc. 1 reimbursing or dealing with the non-public 2 schools. 3 So public schools, non-public 4 schools, get rid of the payroll tax and make 5 this effective immediately so the Tax & 6 Finance Department can treat it as an 7 overpayment and a refund could go to the 8 school districts right now. 9 Since the budget is not done, they 10 think that the $60 million will be going to 11 them, but they don't know. This would get it 12 done right now and would avoid any question 13 prospectively as we move into next year, so 14 that school districts, both public and 15 nonpublic, will not have to worry. 16 Mr. President, I move the 17 amendment. 18 ACTING PRESIDENT JOHNSON: Thank 19 you very much, Senator Flanagan. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, 22 point of order. 23 ACTING PRESIDENT JOHNSON: 24 Senator Klein, what is your point of order? 25 SENATOR KLEIN: According to

Candyco Transcription Service, Inc. 1 Article 7, Section 4 of the Constitution, the 2 Legislature may add only single line item 3 appropriations, stated separately and 4 distinctly. 5 Because the items in this amendment 6 are not single, distinct line items, the 7 amendment is unconstitutional and therefore 8 out of order. 9 ACTING PRESIDENT JOHNSON: 10 Senator Klein, your point of order is affirmed 11 and the nonsponsor amendment is ruled out of 12 order. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. I rise as I have the last five 16 weeks, and I challenge the ruling of the chair 17 because we believe that it is constitutional. 18 Senator Flanagan's amendments have every right 19 to be implemented into this particular budget 20 appropriation. And I would challenge the 21 ruling of the chair, please. 22 ACTING PRESIDENT JOHNSON: 23 Senator Libous, would you like to make a 24 motion to overrule the ruling of the chair? 25 SENATOR LIBOUS: Yes, sir, I

Candyco Transcription Service, Inc. 1 would. 2 ACTING PRESIDENT JOHNSON: Okay. 3 Thank you. 4 SENATOR LIBOUS: By a showing of 5 hands, please. 6 ACTING PRESIDENT JOHNSON: All 7 those in favor of overruling the ruling of the 8 chair please raise your hands. 9 Senator Flanagan, why do you rise? 10 SENATOR FLANAGAN: Mr. President, 11 I'd like to be heard on the motion. 12 ACTING PRESIDENT JOHNSON: 13 Senator Flanagan, on the motion. 14 SENATOR FLANAGAN: Okay. I ask 15 that the roll call be withdrawn, at least 16 temporarily. I'd like to be heard on the 17 motion, please. 18 ACTING PRESIDENT JOHNSON: 19 Senator Flanagan, you may be heard. 20 SENATOR FLANAGAN: Thank you, 21 Mr. President. 22 I listened now and I listened 23 before as we've done these extenders where 24 Senator Klein has gotten up and made a point 25 of order and talked about the nature of our

Candyco Transcription Service, Inc. 1 amendments being unconstitutional. And I 2 don't want to sound like I'm splitting hairs, 3 but I will say this. We're not changing 4 anything, we're not deleting, we're not adding 5 to or subtracting to appropriations that are 6 in the bill that has been sent up by the 7 Governor. 8 We believe and I believe very 9 clearly that we can do this because we're 10 adding something new. We didn't take an 11 appropriation that the Governor said was a 12 million dollars or something like that and 13 reduce it or add to it, and we didn't delete 14 it. We're introducing something that's 15 brand-new. 16 And maybe the concept of bringing 17 brand-new is something that we should be 18 embracing. Because, ladies and gentlemen, all 19 we're really trying to do here is help school 20 districts. I believe at some point you're 21 going to want to do the same thing. 22 So I believe that this amendment is 23 in order. I don't believe it's 24 unconstitutional in any respects. And again, 25 I would move the amendment.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT JOHNSON: 3 Senator Flanagan, thank you. 4 The ruling stands. All those in 5 favor of overruling the chair please show by 6 raising your hands. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 29. Nays, 10 32. 11 ACTING PRESIDENT JOHNSON: The 12 ruling stands. 13 Senator Libous. 14 SENATOR LIBOUS: Yes, thank you, 15 Mr. President. I believe Senator McDonald has 16 an amendment at the desk. And if you would 17 waive its reading and call on Senator 18 McDonald. 19 ACTING PRESIDENT JOHNSON: 20 Senator McDonald, your amendment is here at 21 the desk. Without objection, the reading is 22 waived and you may speak on your amendment. 23 SENATOR McDONALD: Thank you, 24 Mr. President. I'm sure my colleagues know 25 the amendment is the same one that I proposed

Candyco Transcription Service, Inc. 1 two weeks ago, and it's a confirmation of a 2 Governor's house bill that was presented. 3 It's about the New York Racing Association and 4 the track seasons for the three tracks -- 5 Belmont, Aqueduct, and especially Saratoga -- 6 coming upon us. 7 It's been a tough year, a tough 8 couple of years for our economy. Upstate 9 New York State saw more than its fair share of 10 negative economics. We're moving into the 11 area where a $17 million loan to the New York 12 Racing Association to deal with capital 13 improvements in the three tracks, mostly 14 Saratoga, becomes very important, as the 15 season, for all practical purposes, is 16 starting in the North Country. And I say 17 North Country because it expands beyond 18 Saratoga, it's up into the Adirondack regions. 19 It's so important that we send a 20 signal that we're prepared to meet this season 21 and that we send a signal to the business 22 community, who is begging to pay us money, 23 sales tax money, various forms of income taxes 24 for the people they employ. They want to pay 25 state taxes into our revenue stream that

Candyco Transcription Service, Inc. 1 desperately needs that money. 2 Now, I don't care if a bill comes 3 down and somebody else's name is on it. I 4 don't care if it's all the other side. I 5 respect that. I understand this. What I care 6 about is doing something for these tracks. 7 It's especially damaging that the VLT process 8 has been so tainted and gone so long that 9 these three tracks and the horse industry and 10 all the industries related to it -- tourism, 11 the agricultural industry -- have been hurt by 12 this. 13 I recognize that this will have a 14 quote from a lawyer that says we can't vote on 15 this. I recognize that. I'm disappointed by 16 it. I'm disappointed on a lot of things I 17 don't get to vote on, which I think is unfair. 18 But it's especially unfair because my 19 constituency, like your own, is made up of so 20 many different people of different political 21 parties. They're not asking for partisanship. 22 They're not deviating from their own political 23 philosophies -- many of them share yours. 24 What they're simply asking for is an 25 opportunity to work for the season.

Candyco Transcription Service, Inc. 1 It's important that revenue stream 2 comes in because the way this budget process 3 is going -- and there is no process -- we 4 could be here back in November and December 5 working on a budget, and we will be looking at 6 revenue streams, such as sales tax collected 7 throughout our great state. 8 And if we don't do something about 9 these tracks, which should have been done 10 years ago -- should have done this year with 11 the VLT process, and probably a case should 12 have been done in the last eight or nine 13 years, since it was open -- we're going to be 14 short revenue again. 15 Now, we're losing a million dollars 16 a day. That's $365 million without having a 17 VLT Aqueduct vendor. Nobody can get together 18 on it. Simply amazes my constituency why this 19 property has gone literally into the can. 20 So whatever the outcome of the 21 ruling -- and I don't kid myself. It will be 22 non-germane, out of order and some interpreted 23 legal interpretation that will simply say to 24 my voters we're not going to get to vote on 25 this. So my response is going to be, Listen,

Candyco Transcription Service, Inc. 1 I understand the politics. I'm not going to 2 say I agree with it, but I understand it. And 3 I know it goes both ways. I respect that. 4 I am going to tell you folks if you 5 mess around too much longer with the track 6 seasons, there's going to be a lot of people 7 in this room and down the hallway and in the 8 Governor's office that are going to be 9 responsible for people not making money, not 10 being able to take care of themselves, and not 11 giving us revenue that we desperately need to 12 run this great state. 13 It's time we start doing something. 14 So I've accepted the fact that this will not 15 be voted on. I've accepted the fact that it's 16 not germane, and that's the headline will be 17 in my district. I've accepted the fact that 18 it may be out of order. But I had no 19 recourse. There's no joint budget, house 20 meetings and joint conference meetings. 21 There's no place that we can actually vote on 22 a budget, a line item. I've never seen 23 anything like this before. 24 So I appeal to you as responsible 25 men and women to recognize this critically

Candyco Transcription Service, Inc. 1 important industry in upstate New York and 2 indeed throughout our entire state. I don't 3 doubt for a moment that you don't care about 4 this industry. But I think brinksmanship is 5 going to hurt a lot of innocent people, a lot 6 of hardworking people that need better than 7 this. 8 So before you call it out of order, 9 I wanted to state there's never out of order 10 when you have a chance to vote on something. 11 Isn't that what we're here for? 12 Thank you, Mr. President. 13 ACTING PRESIDENT JOHNSON: Thank 14 you, Senator McDonald. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 once again, point of order. 18 ACTING PRESIDENT JOHNSON: 19 Senator Klein, what's your point of order? 20 SENATOR KLEIN: Mr. President, 21 according to Article 7, Section 4 of the 22 Constitution, the Legislature may only add 23 single line item appropriations stated 24 separately and distinctly. 25 Because the items in this amendment

Candyco Transcription Service, Inc. 1 are not single, distinct line items, the 2 amendment is unconstitutional and therefore 3 out of order. In theory, Mr. President, the 4 bill is inconsistent with the basic executive 5 budgeting. 6 ACTING PRESIDENT JOHNSON: 7 Senator Klein, your point of order is affirmed 8 and the nonsponsor amendment is out of order. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, 11 as I did just a few moments ago, I challenge 12 the ruling of the chair on this issue. 13 ACTING PRESIDENT JOHNSON: 14 Senator Libous, the ruling stands. All those 15 in favor of overruling the ruling of the chair 16 please signify by raising your hands. 17 Announce the results. 18 THE SECRETARY: Ayes, 29. Nays, 19 32. 20 ACTING PRESIDENT JOHNSON: The 21 motion fails. The ruling of the chair is 22 affirmed. 23 The bill is before the house. 24 SENATOR LIBOUS: Explanation. 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Libous has requested an explanation of 2 Senator Carl Kruger. 3 Senator Kruger. 4 SENATOR CARL KRUGER: An 5 explanation of the bill, not of me. 6 What we have today in front of us 7 is another emergency appropriation bill, the 8 sixth since we failed to enact a budget. This 9 bill provides for $3.6 billion in All Funds 10 Appropriation, $837 million from the General 11 Fund. 12 As the previous extenders from last 13 week, it also denies the implementation of the 14 4 percent labor increase. And we are 15 restoring some bridge and tunnel authority, 16 plus there is an additional $5 million 17 appropriated in bridge and tunnel work for 18 state projects. 19 Additionally, as has been discussed 20 in great length this afternoon, and part of 21 the resolution that was adopted by our house, 22 the Governor is calling for a furlough of 23 state employees. Approximately 100,000 24 employees would be affected by this furlough, 25 which we view to be unconstitutional. And the

Candyco Transcription Service, Inc. 1 expected saving, in his judgment, would be 2 approximately $30 million a week. 3 ACTING PRESIDENT JOHNSON: 4 Senator LaValle. 5 SENATOR LaVALLE: On the bill, 6 Mr. President. 7 ACTING PRESIDENT JOHNSON: 8 Senator LaValle, on the bill. 9 SENATOR LaVALLE: I'll yield to 10 Senator DeFrancisco. 11 ACTING PRESIDENT JOHNSON: 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: Would 14 Senator Kruger yield to a few questions? 15 ACTING PRESIDENT JOHNSON: 16 Senator Kruger, will you yield to some 17 questions from Senator DeFrancisco? 18 SENATOR CARL KRUGER: Absolutely. 19 ACTING PRESIDENT JOHNSON: 20 Senator DeFrancisco, Senator Kruger will 21 yield. 22 SENATOR DeFRANCISCO: Senator 23 Kruger, when we had this dialogue last week, I 24 mentioned how it would be a little bit more 25 difficult this week to support an extender for

Candyco Transcription Service, Inc. 1 those who had supported it in the past because 2 we all knew that a furlough was going to be in 3 it. And I mentioned also the fact that this 4 furlough would obviously be extremely 5 difficult to deal with and that it's important 6 to get a budget done by today so we wouldn't 7 have to go through this. 8 Can you tell me what leaders' 9 meetings took place on the budget from last 10 week this time till today? 11 SENATOR CARL KRUGER: I would be 12 happy to. 13 On Friday, May 7th, there was a 14 five-way meeting with an overview on 15 transportation appropriation, for the sixth 16 emergency spending bill. 17 On Thursday, May 6th, there was 18 another five-way meeting, a general overview 19 of the provisions in the sixth emergency 20 spending bill as well as the Article 7 21 language bill. 22 There were several three-way 23 meetings as well in the ensuing periods. 24 SENATOR DeFRANCISCO: Would 25 Senator Kruger yield to another question?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: 2 Senator Kruger, will you yield? 3 SENATOR CARL KRUGER: Yes. 4 ACTING PRESIDENT JOHNSON: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Were those 7 meetings among staff members or with the 8 leaders present? 9 SENATOR CARL KRUGER: Staff. 10 SENATOR DeFRANCISCO: All right. 11 So -- 12 ACTING PRESIDENT JOHNSON: 13 Senator DeFrancisco, do you wish him to yield 14 for another question? 15 SENATOR DeFRANCISCO: Yes, if he 16 would, please. 17 ACTING PRESIDENT JOHNSON: 18 Senator Kruger? 19 SENATOR CARL KRUGER: Yes, I do, 20 Mr. President. 21 ACTING PRESIDENT JOHNSON: 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: So despite 24 the fact that everyone knew the furloughs were 25 going to be in the budget extender this week,

Candyco Transcription Service, Inc. 1 there were no three-way leaders' meetings in 2 the last week; is that fair to say? 3 SENATOR CARL KRUGER: I think 4 that's a fair assumption, yes. 5 SENATOR DeFRANCISCO: Would 6 Senator Kruger yield to another question? 7 ACTING PRESIDENT JOHNSON: 8 Senator Kruger, will you yield? 9 SENATOR CARL KRUGER: Yes, I 10 will, Mr. President. 11 ACTING PRESIDENT JOHNSON: 12 Senator DeFrancisco, he will yield. 13 SENATOR DeFRANCISCO: Now, can 14 this body, if you know, can this body 15 intentionally, knowingly and willfully pass a 16 bill that is determined to be unconstitutional 17 and in violation of contract rights of an 18 individual? 19 ACTING PRESIDENT JOHNSON: 20 Senator. 21 SENATOR CARL KRUGER: Through 22 you, Mr. President, I guess a response to your 23 question is that that would be a matter that 24 would have to be litigated. 25 SENATOR DeFRANCISCO: Would

Candyco Transcription Service, Inc. 1 Senator Kruger yield to another question? 2 ACTING PRESIDENT JOHNSON: 3 Senator Kruger, do you yield for another 4 question? 5 SENATOR CARL KRUGER: Yes, I do, 6 Mr. President. 7 ACTING PRESIDENT JOHNSON: 8 Senator DeFrancisco, he does yield. 9 SENATOR DeFRANCISCO: Would you 10 agree with the statement that the language in 11 this extender bill requiring a one-day 12 furlough is contrary to the laws and public 13 policies of this state? 14 ACTING PRESIDENT JOHNSON: 15 Senator Kruger. 16 SENATOR CARL KRUGER: Through 17 you, Mr. President, as was indicated in the 18 resolution that was supported by 32 of the 19 Majority members of this house, we dealt with 20 the issue of the furlough and our 21 interpretation of what it meant. 22 Once again, we pass a bill and 23 ultimately it's for the courts to determine 24 the legality of the bills that we pass. 25 SENATOR DeFRANCISCO: On the

Candyco Transcription Service, Inc. 1 bill. 2 ACTING PRESIDENT JOHNSON: 3 Senator DeFrancisco, on the bill. 4 SENATOR DeFRANCISCO: Of course 5 it's up to the courts to determine when 6 there's a dispute and when the dispute is 7 brought before them. However, there was a 8 unanimous vote moments ago on a resolution 9 that basically had in it the language "the 10 bill requiring a one-day furlough is contrary 11 to the laws and public policy of this state." 12 And in fact, there were several 13 speakers who basically said that, including 14 Senator Savino. And I believe Senator Breslin 15 mentioned it. The authors clearly agree with 16 it, in view of the fact that they wrote it. 17 And the whole body voted for this resolution 18 basically acknowledging that fact. 19 And it seems to me that if everyone 20 acknowledges it, you don't need a court 21 determination to find that something is 22 unconstitutional and violates the laws and 23 policies of the State of New York. You've 24 already made that determination by your 25 unanimous vote.

Candyco Transcription Service, Inc. 1 And if that's the case, I can't see 2 how anybody in good conscience, when they've 3 made that decision, can vote for an extender 4 which does exactly that, violates the 5 provisions of the laws of the State of 6 New York, and also the constitution and public 7 policy. 8 But even more importantly, I 9 believe that there's a lot of -- 10 ACTING PRESIDENT JOHNSON: 11 Senator Kruger, why do you rise? 12 SENATOR CARL KRUGER: I rise for 13 a point of information. 14 ACTING PRESIDENT JOHNSON: Point 15 of information, Senator Kruger. What is your 16 point of information? 17 SENATOR CARL KRUGER: Thank you, 18 Mr. President. Would the Senator yield for a 19 question? 20 ACTING PRESIDENT JOHNSON: 21 Senator DeFrancisco, will you yield for a 22 question from Senator Kruger? 23 SENATOR DeFRANCISCO: I'd be more 24 than happy to yield to the point of 25 information question.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: 2 Senator Kruger, Senator DeFrancisco does 3 yield. 4 SENATOR CARL KRUGER: Thank you. 5 Senator, in your judgment, what 6 would be the scenario of events that would 7 happen today if we did not vote for this 8 extender? 9 SENATOR DeFRANCISCO: Well, first 10 of all, it's not a today-or-nothing thing. 11 That's why I was very careful last week when 12 the whole world knew that there would be 13 consequences this week when we voted on an 14 extender, and those consequences included a 15 furlough of some, not all, employees. 16 And I stated quite frankly -- and I 17 reiterated today when I asked you those 18 various questions -- that next week's going to 19 be extremely interesting, so you'd better get 20 to work and get the budget process going. I 21 wasn't even calling for a public budget 22 process last week, I was saying you've got to 23 get the process open because you're going to 24 find yourself in this bind. 25 So to suggest for one moment that

Candyco Transcription Service, Inc. 1 it's all or nothing today and, if we don't 2 vote for an extender, the world's going to 3 end -- that isn't what would make the world 4 end. It would be the total lack of any kind 5 of budget progress, not even a leaders' 6 meeting when we had these dire consequences 7 that were going to happen and we knew of it at 8 least a week ago. 9 Worst-case scenario, we vote no on 10 this proposal, then somebody's going to have 11 to go back to the drawing board. Either 12 somebody's going to decide that a budget is 13 important or somebody's going to have to 14 provide another extender. And it's not us. 15 We don't provide the extenders. We're not the 16 ones who call the public meetings. It's 17 somebody else who happens to run this house. 18 And those are the individuals that should be 19 held responsible for not performing their 20 duties. 21 SENATOR CARL KRUGER: Thank you, 22 Senator. 23 ACTING PRESIDENT JOHNSON: 24 Senator Kruger. 25 SENATOR CARL KRUGER: Once again,

Candyco Transcription Service, Inc. 1 through you, Mr. President. 2 ACTING PRESIDENT JOHNSON: 3 Senator DeFrancisco, will you yield for 4 another question? 5 SENATOR DeFRANCISCO: Yes. 6 SENATOR CARL KRUGER: Now that 7 we've made the speech, let's get -- 8 SENATOR DeFRANCISCO: No, that 9 wasn't a speech, it was an answer. 10 ACTING PRESIDENT JOHNSON: 11 Senator DeFrancisco, let Senator Kruger finish 12 his question. 13 SENATOR CARL KRUGER: Well, there 14 was a spin on the answer. 15 I'll try to encapsulize it. If we 16 do not pass this extender today with the 17 furloughs, as the Governor has pointed out, 18 our choices today, furloughs or shut down -- 19 that's what the Governor said, that's his 20 quote -- what would be your position? 21 ACTING PRESIDENT JOHNSON: 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: My position 24 is the same as it was for the last four weeks 25 I voted no. Namely, that a budget process is

Candyco Transcription Service, Inc. 1 supposed to begin. It was supposed to begin 2 after the Governor provided his January 3 budget. 4 So my answer to you is that what 5 happens is that the Majority leaders, the 6 three New York City Democrats -- that didn't 7 even go into the room this week, not being 8 concerned about what's going to happen today 9 if we're faced with passing an illegal, 10 unconstitutional violation of public policy -- 11 if it wasn't important enough for the three 12 leaders to get in that room and start 13 something constructive -- and by the way, I 14 was just advised that the only meetings among 15 staff were on the extender bill, not budget 16 negotiations, to correct you. And I'm sure 17 you were well aware of that. 18 But the fact of the matter is what 19 would happen now is if the government shut 20 down, it's because of a total lack of concern 21 by the people running government in this state 22 right now. And if it shut down, what would 23 happen? You've got a few hours to get up 24 there and start working and start doing 25 something. Call a meeting. Maybe we can

Candyco Transcription Service, Inc. 1 participate and give you some advice on how to 2 handle this thing, because you obviously can't 3 do it. 4 So the problem is that we'd have to 5 go back and try to get an extender that's 6 constitutional and in support of public 7 policy. 8 SENATOR CARL KRUGER: Through 9 you, Mr. President. 10 ACTING PRESIDENT JOHNSON: 11 Senator DeFrancisco, do you yield for another 12 question? 13 SENATOR DeFRANCISCO: Yes, of 14 course. 15 SENATOR CARL KRUGER: So then 16 it's your suggestion that we vote down this 17 extender, shut down for, for all practical 18 purposes, government as we know it to be at 19 the moment, and now go upstairs and try to 20 negotiate another, in your version, a 21 constitutional extender. 22 SENATOR DeFRANCISCO: You know, 23 maybe I'm not being clear. The choice didn't 24 happen at 4 o'clock today when we got -- 25 SENATOR CARL KRUGER: But that's

Candyco Transcription Service, Inc. 1 where we are right now. 2 SENATOR DeFRANCISCO: Well, 3 that's where we are right now for one reason. 4 Because you and your colleagues decided that 5 it wasn't important enough to even have a 6 staff meeting on the budget, let alone a 7 three-way leaders' meeting, so you frittered 8 away last Monday, Tuesday, Wednesday, 9 Thursday -- probably went to a few fundraisers 10 here and there -- Friday, Saturday, Sunday. 11 And now you're going to say to us we're 12 shutting down government? 13 SENATOR MONTGOMERY: Point of 14 order, Mr. President. 15 ACTING PRESIDENT JOHNSON: Before 16 you do, first I'm going to remind the members 17 of the body to address through the chair. And 18 second, I'm going to ask each member of the 19 body to keep it within the bill itself and 20 keep the personal out. 21 Senator Montgomery, why do you 22 rise? Point of order? What's your point of 23 order, Senator Montgomery? 24 SENATOR MONTGOMERY: My point of 25 order was, Mr. President, that I thought that

Candyco Transcription Service, Inc. 1 the questions should go through you. And it 2 sounded like we were boiling down to a floor 3 fight, and I thought it inappropriate, so I 4 wanted to bring that to your attention. And 5 hopefully my colleagues will respond 6 accordingly. 7 Thank you. 8 ACTING PRESIDENT JOHNSON: 9 Thinking alike. 10 Senator Kruger. 11 SENATOR CARL KRUGER: Thank you, 12 Mr. President. And it was never my intention 13 to have an old floor fight. But again, 14 through you, Mr. President. 15 ACTING PRESIDENT JOHNSON: 16 Senator DeFrancisco, do you yield for another 17 question? 18 SENATOR DeFRANCISCO: Yes. 19 ACTING PRESIDENT JOHNSON: 20 Senator Kruger. 21 SENATOR CARL KRUGER: Senator, 22 regardless of how you try to characterize our 23 cumulative efforts to reach a budget, my fact 24 that I'm dealing with at the moment is a very 25 simple question that I ask for you to give me,

Candyco Transcription Service, Inc. 1 as you asked me last week, for a simple yes or 2 no answer. 3 Do you suggest that we vote against 4 this extender and close down government this 5 afternoon? 6 SENATOR DeFRANCISCO: First of 7 all, I've been asking you questions for -- 8 this is the sixth week, and you have never 9 given me a simple any answer, let alone a 10 simple yes or no answer. 11 But my answer is very clear. It 12 came down to today because you didn't do your 13 job. It would seem to me, it would occur that 14 if someone had the time to write a resolution 15 saying that this is going to be 16 unconstitutional when you recognize it's going 17 to be unconstitutional, then maybe someone in 18 your conference, maybe one of the sponsors of 19 the resolution, might have said to your 20 leader, Hey, leader, we're going to be asked 21 to do something that's illegal. We've got to 22 start to negotiate. 23 And if you didn't have enough votes 24 among your conference, maybe you could have 25 asked a few of us to try to provide you with

Candyco Transcription Service, Inc. 1 enough votes to get the open conference 2 committee meetings. 3 So since you frittered the week 4 away, and actually since April 1 -- or 5 actually since the Governor submitted the 6 budget in January, since you've done nothing 7 all this time, if you could suggest that by us 8 voting no today, it's our fault that 9 government is shut down, then you're in a 10 different world than I am. 11 If we vote no, as I've said before, 12 and some other brave soul on the other side 13 decides enough is enough, that we've got to 14 have a budget, not just extenders, then under 15 those circumstances that means this would fail 16 and you have time to try to work out another 17 extender. And that's just the way it is. 18 And if you didn't have time, then 19 the reason you didn't have time is because you 20 wasted since January 15th or whenever the 21 Governor submitted his budget and done nothing 22 since then, even knowing for the last week 23 that you have to vote on an illegal, 24 unconstitutional bill that's against public 25 policy.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Once again, 2 through you, Mr. President. 3 ACTING PRESIDENT JOHNSON: 4 Senator DeFrancisco -- 5 SENATOR CARL KRUGER: So, 6 Senator -- and as you pointed out, it's 7 probably difficult for me to understand 8 things, so maybe we should keep it simple. 9 In all practicality, you're 10 suggesting that we renegotiate another 11 extender, because that's just what you said, 12 that we negotiate another extender. 13 SENATOR DeFRANCISCO: Sure, you 14 can -- 15 ACTING PRESIDENT JOHNSON: 16 Senator Kruger, Senator DeFrancisco, I ask 17 again -- 18 SENATOR CARL KRUGER: Through the 19 chair. 20 ACTING PRESIDENT JOHNSON: -- 21 through the chair. Thank you. 22 SENATOR DeFRANCISCO: Yes, I'll 23 yield. You could do a 12-hour extender. You 24 could do a one-day extender. You can do 25 extenders --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: 2 Senator DeFrancisco, again, I ask you to do 3 it -- Senator, the reference is through the 4 chair. 5 SENATOR DeFRANCISCO: Okay, I'll 6 look at you. 7 (Laughter.) 8 SENATOR DeFRANCISCO: I think you 9 have to ask questions through the chair. You 10 don't have to look at you when I'm speaking. 11 ACTING PRESIDENT JOHNSON: Please 12 keep it through the chair. 13 SENATOR DeFRANCISCO: Unless is 14 there a rule on that? 15 ACTING PRESIDENT JOHNSON: Thank 16 you, Senator DeFrancisco. 17 SENATOR DeFRANCISCO: Well, I 18 have a point of order. I'd just like to know 19 what the rule is that I have to look at you 20 when I'm speaking. 21 (Laughter.) 22 ACTING PRESIDENT JOHNSON: 23 Senator DeFrancisco, I have given you some 24 leeway, but you are out of order right now. 25 If you wish to --

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: No, Mr. 2 President -- Mr. President, point of order. 3 ACTING PRESIDENT JOHNSON: 4 Senator Libous. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. He can direct his answer 7 through the chair, but he could be looking up 8 in the balcony when he does it. That's the 9 rules of this house. 10 Certainly he is responding through 11 the chair, Mr. President, because the 12 questions come through the chair and the 13 responses go through the chair. But he 14 doesn't have to look at the chair when he 15 responds through the chair. 16 Thank you, Mr. President. That's 17 my point of order. 18 SENATOR DeFRANCISCO: Senator, 19 I'll look at you -- 20 ACTING PRESIDENT JOHNSON: 21 Senator DeFrancisco, I'd like to address the 22 point of order that was made by Senator 23 Libous. Patience. 24 Senator Libous, I appreciate your 25 point of order.

Candyco Transcription Service, Inc. 1 And, Senator DeFrancisco, you don't 2 need to look at me. You can look at Senator 3 Kruger or anybody else. My purpose here is to 4 keep the decorum. And frankly the decorum at 5 this point is degrading a little bit. So 6 let's keep it in a civil tone. Let's stop 7 doing the accusatory. Your point is well 8 taken. You now may look at Senator Kruger. 9 That is my ruling. 10 (Laughter.) 11 SENATOR CARL KRUGER: When God 12 gives you lemons, you have to make lemonade. 13 SENATOR DeFRANCISCO: Come to 14 think of it, I don't think I want to look at 15 him, actually. 16 (Laughter.) 17 SENATOR CARL KRUGER: I don't 18 blame you. 19 (Laughter.) 20 SENATOR DeFRANCISCO: But getting 21 back to the point, the extender could be as 22 short as people want it to be. The fact of 23 the matter is that whatever it takes to get a 24 budget process started, we've got to start it. 25 And I'd like to now speak on the bill, if we

Candyco Transcription Service, Inc. 1 can. 2 SENATOR CARL KRUGER: Thank you, 3 Mr. President. 4 ACTING PRESIDENT JOHNSON: Thank 5 you, Senator Kruger. 6 Senator DeFrancisco, on the bill. 7 SENATOR DeFRANCISCO: Okay. And 8 what I was getting at is that we just had a 9 Finance Committee meeting where there was a 10 bill from Senator Serrano that said we should 11 keep the parks open. Well, everybody wants 12 the parks to be open, but there was no 13 appropriation. 14 Everybody wants contractors to be 15 paid, but there's no appropriation. Senator 16 Flanagan wants the monies that are supposed to 17 go back to the school districts for the MTA 18 tax to go to the school district, but it's not 19 in the bill, it's not germane. Senator 20 McDonald wants the racing industry to continue 21 going and create economic vitality in his 22 region and throughout the State of New York, 23 but we can't do that. 24 Everybody wants the school 25 districts to have some idea as to what they're

Candyco Transcription Service, Inc. 1 going to get so they can send something to the 2 people of their districts that will give them 3 some intelligent way to vote on what monies 4 they need. 5 And I can go indefinitely. The 6 Blind School and the Deaf School that Senator 7 Breslin was talking about that wouldn't get 8 paid if this extender doesn't pay -- you know, 9 they'd get paid if you had a budget. So would 10 all the employees get paid if there was a 11 budget. So the fact of "this extender has got 12 to happen because things won't happen" -- if 13 we had a budget, it would happen. 14 Now, I don't know what else -- 15 other than the threat of furloughs that the 16 Governor gave -- that we could possibly say 17 that would convince somebody in the leadership 18 role here that this is important. We're 19 supposed to have budget conference hearings. 20 This is not -- people sometimes are 21 concerned about the lack of bipartisanship in 22 this house. You know, the comptroller happens 23 to be a Democrat, and he's calling again for 24 open conference meetings, it's the only way 25 that maybe public dialogue will get this thing

Candyco Transcription Service, Inc. 1 going. He's the comptroller who's been waving 2 red flags since the Governor presented his 3 budget and before that, and he's still raising 4 red flags. He's a Democrat. So we have a 5 bipartisan position here that we've got to get 6 the budget process going. 7 And it's also interesting that 8 apparently there's going to be a vote today 9 for an extender that's unconstitutional, 10 against public policy, illegal -- there seems 11 to be a pattern here. Because there's a 2007 12 reform package that says you've got to have 13 open conference committees. And if you have 14 to have open conference committees by law, 15 then apparently that law doesn't bother 16 anybody on the other side of the aisle. We'll 17 just forget about that when it suits our 18 purpose, and we'll come out when there's 19 critical mass to tell everybody about what's 20 happened. 21 But you can't get that critical 22 mass until you meet. And if anybody -- a lot 23 of people are pointing fingers, especially the 24 Legislature, at the Governor. The Governor 25 has submitted his budget. He doesn't have to

Candyco Transcription Service, Inc. 1 do a darn thing. It's the Legislature that 2 has to pass a budget by April 1. 3 So the fact of the matter is 4 there's more and more frustration. Each week, 5 it builds. And if the tone gets louder and 6 louder, it's the tone that we're hearing from 7 our constituents. And it's justified. 8 So all we can do on this side of 9 the aisle is keep urging the other side to 10 vote on something that's constitutional, 11 that's legal, follow a rule that's a law that 12 everybody that was there in 2007 voted for 13 because it was a great reform. Let's do what 14 we're supposed to do and start the budget 15 process. 16 I don't know, next week, if I was 17 the Governor, I think I'd probably increase 18 the furloughs or increase some other pressure 19 point to see how far the Legislature has to be 20 whipped before they're going to meet and have 21 some kind of discussion and get a budget. 22 Because we can't go on forever. 23 As a result -- each week, by the 24 way, of the five preceding weeks, we've had 25 more and more no votes. And there's going to

Candyco Transcription Service, Inc. 1 come a time hopefully when there's a brave 2 soul on the other side of the aisle where 3 we're not going to have enough votes and we'll 4 be in that critical stage that Senator Kruger 5 was concerned about. Apparently it's going to 6 take that in order to get a budget done in 7 this state, because there's no will in the 8 leadership to do it. 9 So I urge everyone to vote no on 10 this unconstitutional, illegal bill that also 11 violates public policy, and instead follow the 12 law that has been not followed since the 13 Governor presented his budget, the 2007 reform 14 bill. 15 So I intend to vote no. Thank you, 16 Mr. President. I enjoyed looking at you 17 during my time. 18 ACTING PRESIDENT JOHNSON: The 19 feeling is mutual, Senator DeFrancisco. On 20 looking at you. 21 Senator LaValle. 22 SENATOR LaVALLE: Thank you. On 23 the bill, Mr. President. 24 ACTING PRESIDENT JOHNSON: On the 25 bill, Senator Ken LaValle.

Candyco Transcription Service, Inc. 1 SENATOR LaVALLE: I think we are 2 showing a lot of frustration and that's what 3 happens when you try and fit square pegs into 4 round holes. 5 There has clearly, over the last 6 six weeks, been a process that is really kind 7 of nonexistent. We I think are in agreement 8 that we are in violation. The Majority knows 9 this. The Majority has 32 votes. They 10 control what goes on here. And we have not 11 had conference committees. That's what the 12 Budget Reform Act calls for. 13 So that process and the fact that 14 we do not have transparency, we do not have 15 public meetings with the Executive and the 16 leaders -- I don't know, since I'm not one of 17 the leaders, when the last time such a meeting 18 took place. But I think that's crucial to 19 have an open dialogue on where we are and what 20 the problems are so that everyone can in some 21 way participate. 22 So we don't have conference 23 committees, we are not having leaders' 24 meetings. So here we are, another week with 25 an extender. Each of the extenders seem to

Candyco Transcription Service, Inc. 1 have a poison pill. And while people have 2 been voting in favor, they're voting in favor 3 because they don't want to go to the precipice 4 on closing down government. 5 But each week, as Senator 6 DeFrancisco indicated, people are getting more 7 and more frustrated. And they're beginning to 8 vote no each week. They're voting no because 9 the contractors are not being paid. And at a 10 time, and I've said this before, where we went 11 through a whole period of time about 12 shovel-ready projects -- now those projects 13 have come to a halt. 14 We have in the State University 15 projects that have come to a halt, and then we 16 have City University being treated 17 differently; their projects are moving 18 forward. That does not seem to be fair to 19 treat one region of the state one way because 20 of an anomaly in the budget and then take 21 another region of the state and treat them 22 harshly, differently, particularly at a time 23 when upstate and Long Island communities 24 depend on those jobs and what is in the 25 economy.

Candyco Transcription Service, Inc. 1 This week, everyone I think is in 2 agreement -- and, you know, we could be, for 3 one day, Court of Appeals or Supreme Court 4 justices and say this is clearly impairing a 5 contractual agreement. I hear from the union 6 people that they would like to contribute in 7 some way, they understand what the problem is. 8 But they are saying to me that they are not 9 being called to the table to negotiate. And 10 if you have a contract, you know, you have to 11 negotiate that contract. 12 Put that aside. We are dealing 13 with real people. We are dealing with people 14 physical, some of the lower salaried workers, 15 some of the lower salaried workers at a time 16 when the economy is so bad. People don't put 17 on Facebook that in a family where there are 18 two jobs, one of them are unemployed. They 19 don't put on Facebook that they are close to 20 going into foreclosure. And we're playing 21 around with people's lives. 22 Single parents who are having a 23 tough time in this economy, we're telling them 24 take a furlough, take a cut? I don't 25 understand. And I know that every person in

Candyco Transcription Service, Inc. 1 this room cares about the people that they 2 represent. 3 Well, I want to tell you, we are 4 not doing right by those people. We are not 5 doing right. They are innocent bystanders 6 because there is no leadership in putting a 7 budget together. 8 And you know, I think it has to be 9 said we had an election in '08. And that 10 election clearly -- it's not something that we 11 as Republicans particularly liked, but we 12 elected a Democrat president, Democrat 13 Congress, Democrat Governor, Democrat Senate, 14 Democrat Assembly. 15 We don't have a budget. The three 16 Democrat leaders -- and as Senator DeFrancisco 17 said, they all happen to be from New York 18 City -- have not come together to give a 19 budget to the people. How much longer can we 20 go on? The numbers I heard -- oh, we'll wait 21 till April 15th, the numbers are going to 22 hopefully percolate better. They didn't. And 23 they're not going to get any better next week 24 or the week after. 25 So it's unfair to, as Senator

Candyco Transcription Service, Inc. 1 Flanagan talked about, the local school 2 districts, the university system, to the 3 workers -- the workers, the core of our 4 government, the core of our government. So I 5 can't in good conscience support a budget that 6 is going to hurt people. As my parents often 7 said to me, and I don't mean to demean anyone 8 in their status, but these are the people who 9 give us the sweat from their brow, put 10 themselves in harm's way. 11 And I'll tell you, there will be 12 people, if this moves forward, who will be 13 impaired and in peril within their family: 14 Could lose their homes, and just, in some 15 cases -- and you all know this. Everyone 16 knows this -- some people are having a hard 17 time putting food on the table. I hear all 18 the time, well, you know, we have sandwiches 19 now. That's the meal. And once in a while 20 we'll jazz it up and do something better. 21 So when the vote comes, 22 Mr. President, I am going to vote no on the 23 bill. 24 ACTING PRESIDENT JOHNSON: Thank 25 you, Senator LaValle.

Candyco Transcription Service, Inc. 1 Senator Marcellino. 2 SENATOR MARCELLINO: Thank you, 3 Mr. President. Well, we're here again -- 4 ACTING PRESIDENT JOHNSON: On the 5 bill, Senator Marcellino? 6 SENATOR MARCELLINO: On the bill, 7 Mr. President. 8 ACTING PRESIDENT JOHNSON: Thank 9 you, Senator. Senator Marcellino, on the 10 bill. 11 SENATOR MARCELLINO: We're here 12 once again, another week has gone by, and we 13 have another extender before us. 14 And in the past we've had extenders 15 before, and I've voted to support some of 16 them -- not this year, but in the past years 17 when we had extenders -- because there was 18 negotiations going on. We were doing 19 something. Committees were meeting. Staff 20 was meeting. The leaders would have weekly 21 meetings with the Governor where, upon 22 occasions, committee members and committee 23 chairs would come in and give reports on their 24 aspects of the budget. I know because I 25 participated in some of those, down in the

Candyco Transcription Service, Inc. 1 Red Room on the second floor. And some of you 2 have also been there. 3 But this year nothing seems to be 4 happening. We're back again to pass another 5 extender. And we're told if we don't, 6 calamity, government is going to stop. 7 Well, I would suggest to you, 8 Mr. President, that government has in effect 9 stopped. Government has stopped. Because in 10 June, I'm told by the comptroller -- whom I 11 called over the weekend, and I asked him, 12 "What's going to happen in June, Mr. DiNapoli? 13 Are we going to run out of money, as you have 14 said before, as the Governor has said before?" 15 He said, "Yeah, it's possible. We could run 16 out of money in June, no doubt about it. The 17 state is not getting the revenues we hoped to 18 get. That's declining. Nothing looks all 19 that great. We could run out of money, as the 20 Governor has said." 21 I said, "Well, then, what's going 22 to happen?" "Well, then we'll have to make 23 some selections as to who we'll pay and who we 24 won't, what bills we'll pay and what bills we 25 won't pay. We'll probably withhold payments

Candyco Transcription Service, Inc. 1 to school districts, payments to 2 municipalities. We'll pick some bills to pay, 3 and we'll pick some bills not to pay." 4 Just as right now we are picking 5 some contractors to pay and some contractors 6 not to pay. We are paying for work at CUNY, 7 but we're not paying for work at SUNY. 8 We seem to be making choices here, 9 but we're not making the real choice, and that 10 is to get a budget done. We're not making a 11 real choice to get a process started where 12 true bipartisan negotiations go on and we 13 negotiate a budget. 14 So the Governor throws into the 15 situation, into the mix this time a suggestion 16 for a furlough. We're going to furlough some 17 workers. Again, some workers, not all 18 workers. He's picking. Who's he picking on? 19 The lowest-paid workers in the state 20 workforce, those making less than $50,000 a 21 year, those workers who have mortgages to pay 22 those workers who are probably maxed out on 23 their credit cards, those workers who have to 24 put bread on the table, who have tuitions for 25 their children who want to go to college.

Candyco Transcription Service, Inc. 1 They've got bills to pay. They've got choices 2 to make. 3 Can you imagine if they decided to 4 delay paying their taxes? What would happen 5 if the people in this state said, "We want an 6 extender. We're not going to pay our taxes 7 this week because government is not working, 8 and we don't feel we're getting our money's 9 worth"? That ought to be a novel experience. 10 That would be an amazing experience. You know 11 darn well they'd be hauled off to jail. 12 There's something wrong here, 13 Mr. President. We're not telling the schools 14 what they're going to get, and yet they've got 15 to get a budget done and voted on by May 18th. 16 I know; I already cast my absentee ballot. 17 The name of the game is we're not doing our 18 job. 19 The MTA, they've got a budget 20 problem. They've always got a budget problem, 21 it seems, but this one is particularly 22 onerous. And what are they doing? They're 23 making cuts, again, on the weakest of the 24 weak. They're cutting the Able Ride system, 25 which provides rides for those who are

Candyco Transcription Service, Inc. 1 disabled, physically challenged, who need 2 it -- senior citizens -- who have to go to 3 dialysis treatments and other things, who need 4 the help of this system of transportation for 5 which there is no other. Yet they're cutting 6 that system out. They're making choices -- 7 again, on some people, not on others. 8 So we're not impacting everybody. 9 I suggest to you a government that doesn't 10 serve all of the people in effect serves none 11 of them. We're here to represent and serve 12 all the people, not just some people. And if 13 we're going to do something for some people, 14 we have to do it for all the people. 15 We need a budget. The taxpayers of 16 this state need, want, and deserve a budget, a 17 budget that cuts state spending, a budget that 18 cuts taxes, a budget that will protect their 19 lives and preserve their safety. They need, 20 want, and deserve a budget, and it's up to us 21 to deliver it. 22 It's up to the leadership and the 23 Majority to get it done, to get committee 24 meetings started, get negotiations going and 25 stop this charade of budget extenders. I

Candyco Transcription Service, Inc. 1 voted against each and every one of them 2 because it is a charade. 3 Don't tell me government is working 4 today and if we don't vote for this and it 5 doesn't somehow pass, government will have 6 stopped. In effect, government has stopped, 7 ladies and gentlemen, because it no longer is 8 servicing, it is no longer serving all the 9 people of our great state, it is only serving 10 some of the people of this state. By 11 selection. Not everyone. That's a mistake. 12 That's wrong, and that's got to stop. 13 Mr. President, I fully intend to 14 vote -- as I have on all the other 15 extenders -- no on this extender. I want a 16 budget. I would give you a caveat. I would 17 support an extender if there was true, honest 18 negotiations. If conference committees were 19 ongoing and we needed the time, then I would 20 vote for an extender that would carry us while 21 we're doing the negotiations. 22 But as you heard here in the debate 23 between Senator Kruger and Senator 24 DeFrancisco, there is no discussions going on. 25 There are no negotiations going on. That's no

Candyco Transcription Service, Inc. 1 good. We cannot support this system. We 2 cannot continue doing this. 3 Mr. President, I respectfully say I 4 will vote no on this extender, as I have on 5 all the others. And if it comes up again next 6 week, I'm going to vote no again, sir, until 7 we get a budget process going. 8 Thank you. 9 ACTING PRESIDENT JOHNSON: Thank 10 you, Senator Marcellino. 11 Senator McDonald. 12 SENATOR McDONALD: On the bill. 13 ACTING PRESIDENT JOHNSON: 14 Senator McDonald, on the bill. 15 SENATOR McDONALD: Thank you. 16 I appreciate my colleagues' 17 comments about the humanity of what's going on 18 here. It's so discouraging to worry about my 19 public. And I represent a large portion of 20 the Capital District, which is without 21 question where a majority of the state workers 22 work. And as it was said, a lot of these 23 people are lower-income people. 24 I know about being a lower-income 25 person. I used to be a laborer in a steel

Candyco Transcription Service, Inc. 1 mill. So did my whole family. My father was. 2 I was raised in an uneducated laborer, 3 steel-mill family. As low as you can get on 4 many occasions. 5 I worry about my public here in the 6 Capital District paying for their apartments, 7 paying for their mortgages, paying a car 8 payment that they desperately need to get to 9 work. There is no subsidized fares. 10 I worry about my people trying to 11 educate their kids on a college loan. I worry 12 about my people being able to pay to feed 13 their families. 14 I'm looking at since April, since 15 actually when the Governor proposed his 16 budget, a shutdown in government. There is no 17 government right now, and there is no budget. 18 So talking about shutting down the government 19 is only for lawyers. If you're not a lawyer, 20 you want the bottom line, it's closed. 21 Construction jobs in upstate 22 New York, construction jobs, people who want 23 to work, they're out of work. School systems 24 was mentioned. My school systems, they can't 25 determine what the future is going to be, are

Candyco Transcription Service, Inc. 1 there unnecessary layoffs. Healthcare, same 2 issue. 3 The MTA, last week I supported a 4 resolution to reconsider laying off the lower 5 working-class people in the Metropolitan 6 Transportation Authority, as opposed to all 7 those big salaried people that I read about in 8 the New York City papers who are running this 9 mass transportation authority. 10 Now I see that the lower working 11 men and women in the Capital District are 12 going to be furloughed. Just as an evolution, 13 because we're doing nothing now and so you 14 know it will reoccur and reoccur. And 15 eventually, disaster for their families. 16 And I'm thinking to myself, why? 17 If I were the public, I would say why are 18 these people getting laid off, furloughed, 19 especially in a story I see in a local 20 television station where prisoners, Corcraft, 21 making product in our prisons. We're paying 22 them, and we're going to keep on paying them. 23 But my people, who are law-abiding family 24 people trying to get by, we're furloughing 25 them. Don't abide by the rules, go to prison

Candyco Transcription Service, Inc. 1 and we'll pay you. You've got to be kidding 2 me. 3 I can't tell these people that. I 4 don't care if they're Democrats, Republicans, 5 whatever they are. I know you care; we can't 6 be doing this. I don't want to see the MTA 7 laying off all the people at the bottom. I 8 don't want to see construction workers out. 9 How come, the layperson will ask, 10 the nonlawyer will ask, how come there is no 11 legislative people being furloughed, staff 12 people? How come it seems to be one or two 13 unions, one or two, the executive? What is 14 this? Are they a special breed, all of a 15 sudden we turned on them? How come we haven't 16 had a dialogue over a period of time about 17 these people? 18 So we're doing to upstate what a 19 foreign country couldn't do to us. We're 20 undermining our economy. 21 Now, folks, I recognize politics 22 plays a major issue. And I'm not saying, 23 naively, it shouldn't. I recognize that. But 24 we've crossed over this line of real people. 25 Real people have real families. Real people

Candyco Transcription Service, Inc. 1 have to get by. 2 I come from real people. I'm not 3 Republican or Democrat, I'm a real person 4 before I'm anything. So my appeal is don't 5 leave here tonight. Do what real people do 6 when they're struggling to feed their 7 families. Stay where we are till the job is 8 done. This is ridiculous. Stay here, right 9 now. We never should have left this place on 10 April 1st. It gets worse and worse. 11 Don't call each other names. We're 12 all friends, and I want to keep it that way. 13 Let's stay and work, like I did in the steel 14 mill. It isn't over till it's over. Do our 15 job like real people. Don't turn on these 16 people. 17 See what's happened to us? We let 18 this economy make us turn on the people that 19 we care about, we love, all of us do. Let's 20 stay here and work. That's a challenge. 21 Let's not go someplace after this session is 22 over. Let's break into conference committees. 23 Let's do an -- I will vote for an extender if 24 it doesn't hurt real people. I am not here to 25 destroy upstate New York, New York State, our

Candyco Transcription Service, Inc. 1 great state. I'm here to help people. That's 2 a challenge. I'm here. 3 So when I see everybody walk out, 4 that's what I'm telling my public. I'm 5 telling all those people who are worried about 6 their jobs -- construction, racing, schools, 7 MTA, you name it, anyplace -- we walked away. 8 Now, I know we don't want to do 9 that. So I'm appealing to you as just regular 10 folk, real folk, let's stay here. 11 Thank you. 12 ACTING PRESIDENT JOHNSON: Thank 13 you, Senator McDonald. 14 Senator Ranzenhofer. 15 SENATOR RANZENHOFER: Thank you. 16 I'd like to echo some of those very -- 17 ACTING PRESIDENT JOHNSON: 18 Senator Ranzenhofer, on the bill? 19 SENATOR RANZENHOFER: On the 20 bill. 21 ACTING PRESIDENT JOHNSON: Thank 22 you, Senator. 23 SENATOR RANZENHOFER: I'd like to 24 echo some of those very eloquent comments of 25 some of my colleagues about this sixth

Candyco Transcription Service, Inc. 1 emergency appropriation bill. 2 Starting back in March, I have 3 voted against these because I get the sense 4 that nothing is being done. I don't believe 5 in doing a budget extender if it's simply for 6 the sense or for the purpose of extending it 7 with no progress being made. 8 As you've heard before, there's no 9 discussions, there's no dialogue, there's no 10 public meetings. The only thing that's being 11 done is things that are being done in secret. 12 And if you recall last year what happened when 13 the process was done in secret is we got a 14 budget with $8.5 billion in new taxes, 15 $12 billion in new spending. 16 Now, if I heard anybody tell me 17 that, well, you know, the reason why we don't 18 have a budget is because we're fighting to 19 repeal that energy tax that you put on last 20 year, well, I'd be with you on the extender. 21 If you told me that we're fighting real hard 22 to take away that health tax that you put on 23 last year, that's a fight worth fighting. I'd 24 be with you to extend that. 25 If you told me that we're fighting

Candyco Transcription Service, Inc. 1 to take away any of those 128 taxes that you 2 put on last year, I'd say, well, that's a 3 fight worth fighting. Let's extend it because 4 we're going to try to eliminate those taxes 5 that we put on last year. If you told me that 6 we were trying to eliminate any of that $2,400 7 per family that you put on last year, I'd be 8 with you. That's a fight worth fighting. 9 If you told me that you were 10 fighting to cut spending so we weren't killing 11 the average person that Senator McDonald was 12 referring to, I'd be with you. I'd extend it 13 in a heartbeat. 14 But all I hear is silence. I hear 15 no public discussion, no private discussion. 16 I hear the only explanation is, well, we'll 17 tell you that something is going on when we 18 have this critical mass, whatever this 19 critical mass is. 20 Well, quite frankly, Mr. President, 21 that's not an acceptable solution. If there 22 was some progress on the horizon, I'd say yes, 23 then it makes sense to extend it. But after 24 seven weeks, six extenders, it's pretty 25 obvious what's happening here, and that is

Candyco Transcription Service, Inc. 1 absolutely nothing. You're not fighting to 2 lower taxes. You're not fighting to cut 3 spending. You're not fighting for anything 4 that the ordinary New Yorker wants. 5 When that happens, then I'll join 6 you and vote to pass an extender. When I see 7 some progress that you're getting close, I'll 8 vote to pass an extender. When something is 9 done in public and there's actually some 10 negotiations and we're getting close, then an 11 extender makes sense. 12 But at this point in time when 13 there's no public dialogue, when you're 14 shutting down construction projects on the 15 roadways, when you're shutting down 16 construction at SUNY, when you're killing the 17 private sector by not funding these contracts 18 and not funding private-sector people, then 19 you're just hurting, as Senator McDonald said, 20 the ordinary person. 21 So today, as on March 29th, 22 April 12th, and every day between then and now 23 when I voted against them because there is no 24 progress, you're not fighting for the ordinary 25 person, I voted against them, I'll be voting

Candyco Transcription Service, Inc. 1 no today as well. 2 Thank you, Mr. President. 3 ACTING PRESIDENT JOHNSON: Thank 4 you, Senator. 5 Debate is closed. 6 The Secretary will ring the bells. 7 Read the last section. 8 THE SECRETARY: Section 17. This 9 act shall take effect immediately. 10 ACTING PRESIDENT JOHNSON: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT JOHNSON: 14 Senator Robach, to explain his vote. 15 SENATOR ROBACH: Yes, 16 Mr. President, very quickly. 17 I just -- I rise to vote no for 18 this. And I come from a little different 19 place than some of my colleagues. This is my 20 first time voting no on these extenders. And 21 you've heard all those good reasons -- the 22 damage, the chaos we're creating by not having 23 a budget. 24 When I hear the questions answered 25 in such a cavalier manner by the chairman of

Candyco Transcription Service, Inc. 1 Finance and see nothing in the media from the 2 leadership to give any indication whatsoever 3 that we're trying to get a budget done, I 4 really don't feel I have any alternative. It 5 would be better to shut government down for a 6 day to make the leaders do their job and get a 7 budget done. 8 People where I live expect us to do 9 our job. Nothing is more important than the 10 budget. I'm asked every day when we're going 11 to get this done. And I want to let my 12 colleagues know in New York City, I've heard 13 it before offline, "People where we live don't 14 care when the budget gets done." Guess what? 15 They're starting to pay attention. I know 16 they care where I live. I think they're 17 starting to pay a little bit more attention to 18 it where you live. 19 And I say this in the most 20 nonpartisan way. This would have been the 21 perfect year of all years to have conference 22 committees and let the public know what tough 23 choices we have to make in these tough times. 24 Instead, what have we done? Just the 25 opposite, gone underground. One leader, I

Candyco Transcription Service, Inc. 1 couldn't even tell you if he even cares about 2 getting a budget done at all. We ask logical 3 questions week after week with flippant 4 answers and really almost like nobody cares if 5 we get a budget done or not. 6 Well, you know what? Where I live, 7 they do. I think where you live, they do too. 8 And is the plan here really to do a budget by 9 extender for the rest of the year? And if it 10 isn't, what are we going to do to stop it? 11 The only thing I can do is take my 12 one vote, along with several other colleagues, 13 and try and put some pressure for the people 14 that want us to do a budget and say: No more. 15 Enough is enough. Let's get a budget. That's 16 why I'm changing my vote to a no. 17 ACTING PRESIDENT JOHNSON: 18 Senator Robach to be recorded in the negative. 19 SENATOR LIBOUS: Mr. President, 20 are we on the vote right now? 21 ACTING PRESIDENT JOHNSON: We 22 have called the roll. We are waiting for the 23 results. 24 SENATOR LIBOUS: Are members in 25 their seats?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: I 2 believe so, Senator Libous. 3 SENATOR LIBOUS: I believe not 4 so, Mr. President. Don't members need to be 5 in their seats, according to the rules? 6 ACTING PRESIDENT JOHNSON: 7 Actually, you're not in your seat, Senator 8 Libous, so -- 9 SENATOR LIBOUS: I'm sorry? 10 ACTING PRESIDENT JOHNSON: You're 11 not in your seat, Senator Libous. 12 SENATOR LIBOUS: Yes, I am, 13 Mr. President. 14 ACTING PRESIDENT JOHNSON: You're 15 standing in front of your seat. You're not 16 sitting in your seat. 17 SENATOR LIBOUS: Well, at least 18 I'm in front of my seat, Mr. President. 19 ACTING PRESIDENT JOHNSON: 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 507 are 23 Senators Alesi, Bonacic, DeFrancisco, Farley, 24 Flanagan, Fuschillo, Golden, Griffo, Hannon, 25 O. Johnson, Lanza, Larkin, LaValle, Leibell,

Candyco Transcription Service, Inc. 1 Libous, Little, Marcellino, Maziarz, McDonald, 2 Nozzolio, Padavan, Ranzenhofer, Robach, 3 Saland, Seward, Skelos, Volker, Winner and 4 Young. 5 Ayes, 32. Nays, 29. 6 ACTING PRESIDENT JOHNSON: The 7 bill is passed. 8 Senator Klein, that completes the 9 reading of the controversial supplemental 10 calendar. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can we please go to a reading of the calendar. 14 ACTING PRESIDENT JOHNSON: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 74, by Senator Klein, Senate Print 2490D, an 18 act to amend the Correction Law. 19 ACTING PRESIDENT JOHNSON: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT JOHNSON: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: 2 Senator Klein, to explain his vote. 3 SENATOR KLEIN: Thank you, 4 Mr. President. 5 This piece of legislation I think 6 is going to go a long way towards protecting 7 all tenants in public housing around the State 8 of New York. 9 Presently, even though in 1998 10 Congress banned subsidized housing for the 11 most serious dangerous sexual predators, 12 there's still 86 registered Level 2 and 3 13 dangerous sexual predators living in public 14 housing throughout our state. 15 This legislation is a very simple 16 and easy approach in making it easier for 17 housing authority developments around our 18 State of New York to be able to comply with 19 this law. 20 First, the State Division of 21 Criminal Justice Services will now be required 22 to notify each public housing development 23 around the state once a month with up-to-date 24 information of dangerous sexual predators who 25 are already living there or moving into the

Candyco Transcription Service, Inc. 1 facility. 2 It next treats public housing 3 developments as vulnerable organizations, the 4 same as daycare centers and schools, which now 5 would require public housing developments 6 around the state to be notified by local law 7 enforcement when a dangerous sexual predator 8 moves into the development. 9 So I think this is taking a 10 comprehensive approach at notification, which 11 I think at the end of the day will keep our 12 families safe in public housing by having 13 adequate notification. 14 I vote yes, Mr. President. 15 ACTING PRESIDENT JOHNSON: Thank 16 you, Senator Klein. 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 74 are 20 Senators Duane, Hassell-Thompson and 21 Montgomery. 22 Ayes, 58. Nays, 3. 23 ACTING PRESIDENT JOHNSON: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 102, by Senator Thompson, Senate Print 1230A, 2 an act to amend the General Municipal Law. 3 ACTING PRESIDENT JOHNSON: Read 4 the last section. 5 SENATOR MAZIARZ: Lay the bill 6 aside, please. 7 ACTING PRESIDENT JOHNSON: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 354, by Senator Stavisky, Senate Print 3603C, 11 an act relating to reporting on the Tuition 12 Assistance Program. 13 ACTING PRESIDENT JOHNSON: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT JOHNSON: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT JOHNSON: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 378, by Senator Klein, Senate Print 5896D, an 2 act to amend the Real Property Law. 3 ACTING PRESIDENT JOHNSON: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 60th day. 7 ACTING PRESIDENT JOHNSON: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT JOHNSON: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 378 are 14 Senators DeFrancisco, Flanagan, Golden and 15 Lanza. 16 Ayes, 57. Nays, 4. 17 ACTING PRESIDENT JOHNSON: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 381, by Senator Perkins, Senate Print -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT JOHNSON: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 416, by Member of the Assembly Gottfried, 2 Assembly Print Number 7670, an act to amend 3 the Criminal Procedure Law. 4 ACTING PRESIDENT JOHNSON: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT JOHNSON: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT JOHNSON: 12 Announce the results. 13 SENATOR LIBOUS: Mr. President, 14 lay the bill aside. 15 ACTING PRESIDENT JOHNSON: The 16 bill is laid aside. The roll call is 17 withdrawn; the bill is laid aside. 18 THE SECRETARY: Calendar Number 19 445, by Senator Oppenheimer, Senate Print 20 6152B, an act to authorize the Village of 21 Mamaroneck. 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT JOHNSON: There 24 is a home-rule message at the desk. 25 The bill is laid aside.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 446, by Senator C. Johnson, Senate Print 6691, 3 an act to amend the Tax Law. 4 ACTING PRESIDENT JOHNSON: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on 90th day. 8 ACTING PRESIDENT JOHNSON: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. Nays, 14 1. Senator Aubertine recorded in the 15 negative. 16 ACTING PRESIDENT JOHNSON: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 449, by Member of the Assembly Pheffer, 20 Assembly Print Number 10260, an act to amend 21 the Public Authorities Law. 22 ACTING PRESIDENT JOHNSON: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT JOHNSON: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 456, by Senator Thompson -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day. 8 ACTING PRESIDENT JOHNSON: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 466, by Member of the Assembly Schimel, 12 Assembly Print Number 9992, an act to amend 13 the Village of Plandome Heights. 14 ACTING PRESIDENT JOHNSON: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act -- 19 SENATOR LIBOUS: Lay it aside. 20 ACTING PRESIDENT JOHNSON: The 21 bill is laid aside. 22 Senator Klein, that completes the 23 reading of the noncontroversial calendar. 24 SENATOR KLEIN: Mr. President, at 25 this time can we please go to a reading of the

Candyco Transcription Service, Inc. 1 controversial calendar. 2 ACTING PRESIDENT JOHNSON: The 3 Secretary will ring the bell. Members are all 4 asked to come to the chamber for a 5 controversial reading of the calendar. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 102, by Senator Thompson, Senate Print 1230A, 9 an act to amend the General Municipal Law. 10 ACTING PRESIDENT JOHNSON: 11 Senator Maziarz, why do you rise? 12 SENATOR MAZIARZ: Would the 13 sponsor yield for some questions? We really 14 don't need an explanation. If he would yield 15 for just a couple of quick questions. 16 ACTING PRESIDENT JOHNSON: 17 Senator Thompson, will you yield for Senator 18 Maziarz for a few questions? 19 SENATOR THOMPSON: Sure. 20 ACTING PRESIDENT JOHNSON: 21 Senator Maziarz, Senator Thompson does yield. 22 SENATOR MAZIARZ: Thank you very 23 much, Mr. President. 24 Senator, is there a home-rule 25 message with this bill, according to Municipal

Candyco Transcription Service, Inc. 1 Home Rule Law Section 40? 2 SENATOR THOMPSON: No, there 3 isn't. But I don't believe it's required. 4 SENATOR MAZIARZ: Okay. 5 Senator -- Mr. President, through you, if 6 Senator Thompson would continue to yield. 7 ACTING PRESIDENT JOHNSON: 8 Senator Thompson, do you continue to yield? 9 SENATOR THOMPSON: Yes. 10 ACTING PRESIDENT JOHNSON: 11 Senator Maziarz. 12 SENATOR MAZIARZ: Senator, has 13 anyone in the Niagara County Legislature that 14 appoints members to the IDA requested this 15 particular legislation? 16 SENATOR THOMPSON: Through you, 17 Mr. Chair. Yes, in the past, I have received 18 requests from various members of the 19 legislature requesting that we have this 20 organization have representation the same way 21 that they have a similar law that was created 22 many years ago with the Erie County Industrial 23 Development Agency, which includes the City of 24 Buffalo. 25 SENATOR MAZIARZ: Would Senator

Candyco Transcription Service, Inc. 1 Thompson continue to yield? 2 ACTING PRESIDENT JOHNSON: 3 Senator Thompson, do you continue to yield for 4 Senator Maziarz? 5 SENATOR THOMPSON: Yes. 6 ACTING PRESIDENT JOHNSON: 7 Senator Maziarz. 8 SENATOR MAZIARZ: Thank you. 9 Could you tell me which members of 10 the county legislature? 11 SENATOR THOMPSON: There were a 12 number. I can't recall all the different 13 members. But there were a number of them over 14 the last couple of years. And as I'm certain 15 you're aware, that this bill we've been 16 working on for a long time. 17 SENATOR MAZIARZ: Through you, 18 Mr. President, would Senator Thompson continue 19 to yield. 20 ACTING PRESIDENT JOHNSON: 21 Senator Thompson, do you continue to yield to 22 Senator Maziarz? 23 SENATOR THOMPSON: Yes. 24 ACTING PRESIDENT JOHNSON: 25 Senator Maziarz.

Candyco Transcription Service, Inc. 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. 3 Senator Thompson, I know that there 4 are 19 members of the legislature there. 5 Could you name just one that asked you for 6 this particular piece of legislation? 7 SENATOR THOMPSON: Well, I know 8 that there are a couple that I helped get 9 elected over the years and I just can't 10 remember which one. But I think most of the 11 ones like Dennis Virtuoso and a number of them 12 that are in Niagara County have supported the 13 bill. 14 SENATOR MAZIARZ: Thank you very 15 much. 16 Mr. President, on the bill. 17 ACTING PRESIDENT JOHNSON: 18 Senator Maziarz, on the bill. 19 SENATOR MAZIARZ: Thank you very 20 much, Senator Thompson. 21 Mr. President, this is a classic 22 case of a solution in search of a problem. 23 I've been involved in county government and an 24 observer of county government in Niagara 25 County for a long time. There has always been

Candyco Transcription Service, Inc. 1 a minority member on the Niagara County IDA 2 appointed by both Democrat- and 3 Republican-controlled county legislatures. 4 Senator Thompson is incorrect in 5 his comparison with Erie County, because in 6 Erie County the dedicated members of the 7 Industrial Development Agency were all done at 8 the request of the Erie County Legislature. 9 Now, the current president of the 10 NAACP, we're talking about one particular 11 individual. The current president is a good 12 friend of mine, Bill Bradberry. He's a great 13 guy. He really wants to be on the Niagara 14 Frontier Transportation Authority. And if it 15 hadn't been for the local Democratic Party 16 chairman and the Assemblyperson who represents 17 Niagara Falls killing his appointment he'd be 18 there, where he really wants to be. 19 We don't know who the president is 20 going to be in the future of the NAACP. It 21 may be somebody who's not interested in being 22 on this board. It may be somebody without a 23 background in economic development. If this 24 were an -- and I would say to the Senator that 25 the only minority member of Niagara County

Candyco Transcription Service, Inc. 1 Legislature spoke to me today, reached out to 2 me today and told me that they'd feel much 3 more comfortable if they could have a 4 representative of the Niagara Falls NAACP, not 5 necessarily just the president, but a 6 representative of it. And that's legislation 7 that I think would be better than this 8 particular bill before us today. 9 So I'm going to be voting in the 10 negative, Mr. President, and I would ask my 11 colleagues to join me. Thank you. 12 ACTING PRESIDENT JOHNSON: Thank 13 you, Senator Maziarz. 14 Are there any other Senators who 15 wish to be heard on the bill? 16 Hearing none, the debate is closed. 17 The Secretary will ring the bells. 18 Oh, I apologize, Senator Thompson. 19 SENATOR THOMPSON: Yeah, on 20 the -- let me say just a couple of things. 21 First, I think it's important to 22 note that this is a very important piece of 23 legislation to make sure that we have 24 representation on -- that this group does have 25 representation on the board. My colleague

Candyco Transcription Service, Inc. 1 probably is unaware that the Niagara County 2 chapter of NAACP was defunct and I actually 3 helped get it reorganized. 4 Secondly, in Erie County they do 5 have a number of dedicated seats. And I 6 believe one of the authors -- the author of 7 that bill is sitting in this chamber. 8 And part of the challenge is that 9 the president of that organization is usually 10 the official spokesperson. And so this is 11 nothing unique. 12 And the reason why I embarked on 13 this a couple of years ago is because people 14 have said that periodically that some of these 15 communities of color have a seat on that 16 board, the same challenge as they had in Erie 17 County. So we put forward this legislation to 18 make sure that that organization would always 19 have a seat at the table. 20 And this bill mirrors existing 21 legislation that was passed by the Senate. 22 And I should note that I believe this bill has 23 also passed the Senate before unanimously. So 24 I don't understand why -- what the hesitancy 25 is about today. And I believe that, as I said

Candyco Transcription Service, Inc. 1 to folks who asked -- only one person that I 2 know said they had a concern about it, and I 3 said that let's get the bill passed. If the 4 president of the NAACP is not interested, then 5 maybe that's something that that organization 6 should do. 7 But there's precedent for this in 8 Erie County. It's been very successful. No 9 one has complained about it. And I think the 10 same -- if it's good enough for Erie County, 11 it should be good enough for Niagara County 12 too. 13 Thank you. 14 ACTING PRESIDENT JOHNSON: Are 15 there any other Senators now wishing to be 16 heard on the bill? 17 SENATOR VOLKER: Mr. President. 18 ACTING PRESIDENT JOHNSON: 19 Senator Volker. 20 SENATOR VOLKER: Mr. President, 21 Senator Thompson, I have to say, this 22 legislation is not identical to the Erie 23 County legislation. And I think I passed the 24 bill that enabled the NAACP to have a 25 representative on it.

Candyco Transcription Service, Inc. 1 The difference between that bill 2 and this bill is that this is the president of 3 the NAACP. I don't know that we have ever 4 done a bill since I've been here that 5 designates a specific person to be on an 6 authority. Normally we do an organization. 7 And you're right, there are 8 organizations on the various IDAs and on the 9 NFTA. But I would have to tell you that as 10 far as I know, this is a different bill than 11 the Erie County Legislature. 12 ACTING PRESIDENT JOHNSON: Thank 13 you, Senator Volker. 14 Are there any other Senators 15 wishing to be heard on the bill? 16 Hearing none, debate is closed. 17 The Secretary will please ring the 18 bells. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT JOHNSON: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 102 are 4 Senators DeFrancisco, Farley, Flanagan, 5 O. Johnson, Lanza, Larkin, LaValle, Leibell, 6 Maziarz, Nozzolio, Saland, Seward, Skelos, 7 Volker, Winner and Young. Also Senator 8 Libous. 9 Ayes, 44. Nays, 17. 10 ACTING PRESIDENT JOHNSON: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 416, by Member of the Assembly Gottfried, 14 Assembly Print Number 7670, an act to amend 15 the Criminal Procedure Law. 16 ACTING PRESIDENT JOHNSON: 17 Senator Hannon, why do you rise? 18 SENATOR HANNON: On the bill. 19 ACTING PRESIDENT JOHNSON: 20 Senator Hannon, on the bill. 21 SENATOR HANNON: I was struck by 22 the fact that this bill, which would 23 supposedly extend protection of law to 24 unfortunate victims of prosecution, is just so 25 ill-laid-out that it does not actually offer

Candyco Transcription Service, Inc. 1 any real protection to the individuals. 2 It's supposed to enable victims of 3 sexual trafficking who are convicted of 4 prostitution to get the conviction vacated. 5 However, when you start to read the bill, it 6 gives such empty rights -- it first of all 7 says that the motion must be made with due 8 diligence, unlike anything else in the 9 Criminal Procedure Code, which spells out 10 times, and then it says that the defendant has 11 ceased to be a victim of such trafficking -- 12 an almost impossible standard, to make a proof 13 of a negative -- or has sought services for 14 victims of such trafficking, but without the 15 standards as to who would offer those 16 services, and then subject to reasonable 17 concerns for the safety of the defendant, 18 et cetera, et cetera. 19 And what really disturbs me is this 20 is, on a day we're supposed to be doing a 21 budget, nothing more than an empty press 22 release without sufficient standards for 23 drafting, and giving false hopes to 24 individuals as to they may seek protection 25 under this when in reality it would be an

Candyco Transcription Service, Inc. 1 empty relief. 2 And so for that reason I think that 3 I would vote against this until we have a 4 decent implementation of the goals that are 5 sought by the memo. 6 ACTING PRESIDENT JOHNSON: Thank 7 you, Senator Hannon. 8 Senator Duane. Senator Duane, on 9 the bill? 10 SENATOR DUANE: Thank you, 11 Mr. President. Yes, on the bill. 12 The impetus for this bill actually 13 is something that I thought about and felt was 14 necessary. And I want to say that it was 15 based upon information that I received, 16 garnered, at probably the -- if not the best, 17 one of the best hearings I have ever attended 18 in my time here in the New York State Senate. 19 It was incredibly informative and enlightening 20 and eye-opening. 21 And it was a hearing which Senators 22 Volker and -- Senator Padavan I know was 23 there; I'm trying to remember what other 24 Senators were there -- and I was there. And 25 it was a hearing on human trafficking, on sex

Candyco Transcription Service, Inc. 1 trafficking. And it was very, very powerful, 2 the hearing, and very -- as I say, it was in 3 some ways life-changing for me, the 4 information that I learned at this hearing. 5 And I think I even at the time told 6 Senator Volker that it was, as I say, among 7 the best hearings I have ever been to and 8 involved with. 9 And that hearing led to excellent 10 legislation which we passed here I want to say 11 in 2007. And it was really -- I remember 12 speaking on the floor when the bill came, to 13 voice my admiration for and gratitude to the 14 then-majority for bringing it to the floor. 15 It was just an excellent piece of legislation, 16 of which -- you know, as with virtually every 17 piece of legislation that we pass in this 18 house, it wasn't absolutely complete. There 19 was more that could be done; maybe didn't have 20 to be done, but could be done. 21 And one of the elements that I was 22 most concerned with and concerned about the 23 people who needed additional help beyond what 24 was already in the legislation were those -- 25 and mostly women; not exclusively, but mostly

Candyco Transcription Service, Inc. 1 women -- who were trafficked and forced into 2 prostitution, in some cases kidnapped and 3 brought here, in some cases brought here under 4 false pretenses for the promise of high-paying 5 jobs that didn't materialize. Some of the 6 women -- many of them, maybe most of them had 7 their passports taken away from them. And 8 they were brought to a country, some of them 9 without a tremendous amount of education even 10 in their own country, and not knowing what the 11 rule of law is here in our country. 12 And so many of these women are 13 caught in the net of prostitution arrests and 14 go through the criminal justice system. Often 15 they've pled because they thought it was the 16 thing that was best, in their best interests 17 at the time. 18 And I just want to say one other 19 thing, that, you know, sometimes it's in 20 alternative newspapers but sometimes it's in 21 mainstream newspapers and magazines you see 22 ads with pictures of women who are offering 23 the services of massage and more. But, you 24 know, the myth that the vast majority of those 25 women are happily engaged in this profession

Candyco Transcription Service, Inc. 1 is just exactly that, it's a myth. There's 2 nothing. 3 If you really think about what is 4 happening, if you really knew what had 5 happened to these women, if people who used 6 these services really knew the lives that 7 these women lead, there would be nothing 8 sexually enticing about it at all. It would 9 be depressing and predatory and nothing happy, 10 nothing pleasurable about it. It is exactly 11 that, a myth. For the vast majority of these 12 women, that they are subjugated into it. 13 And the irony is that one of the 14 parts of that legislation that was so good, so 15 excellent, was that we provide social services 16 and -- I mean, I know that maybe people 17 don't -- I mean, really, I know that people 18 maybe don't care about what happens. But as I 19 say, it was the best hearing, if not the best, 20 one of the best hearings I've ever been to. 21 And one of the things that came out of it is 22 it's not enough just to prosecute the johns 23 and the slave-traders and the pimps and the 24 terrible people who do this to women. We also 25 have to get these women on their feet.

Candyco Transcription Service, Inc. 1 And one of the things that we do is 2 provide services for them, social services, 3 counseling. Because what has happened to them 4 is trauma. In some cases, we help them with 5 education so that they can become productive 6 citizens. 7 And the irony is that while we're 8 providing all those services because we're 9 convinced that this has happened to these 10 women, we deny them a clean record or a 11 cleaned-up record. So even if we're providing 12 job training and social services, they're 13 still handicapped in their ability to get a 14 job because they have a record. And we're 15 often loath to hire people that have records. 16 So what this bill does is it 17 just -- it allows them the chance -- and just 18 one time. You can't use it more than once. 19 You can only use it once -- the chance to 20 vacate the conviction so that they can 21 actually go on to get the jobs that we believe 22 they should be eligible to get because we've 23 provided the services to get them the 24 education and the training for that. 25 So I just want to say just a couple

Candyco Transcription Service, Inc. 1 of things about the bill, more things about 2 it. It simply allows a person who's been 3 victimized by sex trafficking -- maybe beaten, 4 maybe raped, maybe has their passport taken, 5 but terrible things, traumatized, victimized 6 by pimps and the johns who have used them like 7 they're less than human. 8 And if it's shown that under 9 duress, and because of the fear of the 10 consequences, that they weren't able at the 11 time of trial to provide the proof that they 12 were trafficked -- which is hard enough for 13 anyone who's been arrested. But for these 14 women -- and some men, yes, but for these 15 women, mostly -- sometimes the first time in 16 court with the pimp or the john or the 17 trafficker sitting in court, of course they're 18 not going to point out what's happened. They 19 are scared. And maybe in their country of -- 20 they don't know and can't understand even 21 what's going on, and they are stuck with this 22 record. 23 And even if afterwards we 24 acknowledge that and we know that that's 25 what's happened to them and we provide them

Candyco Transcription Service, Inc. 1 services to help them get a job, they can't 2 get a job because they can't have that 3 conviction vacated. 4 It doesn't cover people who are 5 arrested, you know, for loitering for the 6 purposes of prostitution or -- it doesn't 7 even -- it provides the ability for some women 8 who can show, one time only -- if they've 9 already tried it at their trial, if they've 10 already said in the trial "I was the victim of 11 trafficking," they can't use it again. You 12 only get one chance to use it. There's even a 13 form that's provided which can be used but 14 doesn't have to be used, by OTDA, that would 15 help one time, one chance to have it vacated 16 so they can go on and have a life free of 17 having a record. 18 Which even beyond a job, so they 19 don't to tell their -- if they don't want to, 20 that they don't have to tell their children or 21 their whatever that they have a criminal 22 record because of something terrible that 23 happened to them that had nothing to do with 24 their own free choice, that was done under 25 duress of pain or rape or death.

Candyco Transcription Service, Inc. 1 So one chance to have that vacated. 2 And it goes along with the chance -- which we 3 believe was the right thing to do, because we 4 heard about at this hearing that they can go 5 on and get education and job training to get a 6 job and to be able to have a life. That's 7 what this bill does. 8 So I just urge my colleagues to 9 build upon the good work that we already did 10 here, to do something else to actually 11 acknowledge that human trafficking for the 12 purposes of prostitution is a terrible thing 13 and that we are actually taking one more step 14 in the continuum of saying this is a terrible 15 thing and allowing people to actually go on to 16 have a productive life. 17 So I'm urging my colleagues to vote 18 yes. It's the right thing. It's not even 19 just the compassionate thing, it's the right 20 thing. And it makes sense, and it's part of 21 what we have already been doing in this house. 22 Thank you, Mr. President. 23 ACTING PRESIDENT JOHNSON: Thank 24 you, Senator Duane. 25 Senator Liz Krueger.

Candyco Transcription Service, Inc. 1 SENATOR LIZ KRUEGER: Thank you, 2 Mr. President. 3 I want to thank my colleague 4 Senator Duane for sponsoring the bill. And 5 just again reiterate, I think, some of the 6 points he was making and clarify one point 7 that somebody raised already. 8 This bill can easily be implemented 9 by our courts. And in fact the New York City 10 Bar's Committee on Sex and the Law has 11 submitted a memo in support clarifying exactly 12 how the bill would be applied to allow victims 13 of trafficking to request a court to vacate 14 judgment against them for sex trafficking of 15 certain prostitution offenses. 16 It all sounds very technical. But 17 again, as my colleague Senator Duane was 18 trying to point out, these are victims of 19 human trafficking. This state and this 20 country now have passed laws defining what 21 human trafficking is, has verified that the 22 dynamics of sex trafficking forces, again, 23 usually women, young women into horrible, 24 abusive-control situations where the 25 recruiters and traffickers use battering, use

Candyco Transcription Service, Inc. 1 physical and sexual abuse, use psychological 2 and economic abuse, use threats against these 3 women, their family members. They use 4 isolation, locking them up. They use forced 5 drug use. And in fact in the human 6 trafficking literature and documentation that 7 we have seen in the Senate, traffickers employ 8 and manipulate their victims in a form that is 9 defined as torture by Amnesty International. 10 So these women -- disproportionately young 11 women, or even minors -- are tortured and 12 forced into prostitution and a life of 13 slavery. 14 And so what this bill does is it 15 says they can go to our courts -- again, as 16 Senator Duane has already said, one time -- 17 and make an argument to have the charges that 18 have been brought against them for 19 prostitution-related offenses vacated from 20 their criminal records. 21 Many times these are juveniles who 22 should be treated as victims and who now are 23 recognized under current law as victims. And 24 yet if they have these charges that have been 25 brought against them successfully in court,

Candyco Transcription Service, Inc. 1 perhaps before the State of New York wisely 2 passed new laws in 2007, then they must live 3 now a life with a record, a record of 4 prostitution, as opposed to a recognition that 5 they are in fact victims of abuse and torture. 6 And all this bill does is it allows them to 7 come back into court with evidence and get 8 these charges vacated. 9 I know that New York State has a 10 series of laws that allow the records to be 11 sealed of juveniles, records to be expunged if 12 one goes into court for many different types 13 of charges. I do not understand how people 14 could vote against a bill that would allow 15 victims of torture and sexual exploitation and 16 violence against them to go back into a court 17 and ask a judge to vacate the previous order 18 against them so that they can move on in their 19 lives without a criminal record, with more 20 likelihood that they can successfully find 21 employment and lead constructive lives and try 22 to put this trauma behind them. 23 I also ask my colleagues to vote 24 for this bill. Thank you, Mr. President. 25 ACTING PRESIDENT JOHNSON: Thank

Candyco Transcription Service, Inc. 1 you, Senator Krueger. 2 Senator Padavan. 3 SENATOR PADAVAN: Thank you, 4 Mr. President. 5 First let me thank Senator Duane 6 for your very generous comments relative to 7 the hearing that we all attended and that I 8 and Senator Volker chaired dealing with the 9 very, very difficult issue of human 10 trafficking. 11 It took two years to get that bill 12 finally agreed on with the other house and in 13 law. And it is the toughest human trafficking 14 bill in the nation, even more so than the 15 federal law that it relates to. 16 During this hearing we had victims 17 such as the type of person, individual, you 18 described come before the committee and 19 demonstrate the history of their having been 20 trafficked into this country, the abuse they 21 endured, the human bondage in which they were 22 placed. We had district attorneys coming to 23 us telling us about cases they were involved 24 in. We also had representatives of the 25 federal government there who were also

Candyco Transcription Service, Inc. 1 involved on a regular basis with the issue. 2 So everybody participated. 3 And in the final analysis, the bill 4 had the support of every human rights group, 5 every advocacy group. There was nobody in 6 opposition to it. And it became law. 7 Now, nothing would give me more 8 pleasure, Senator Duane, to vote for your bill 9 if it expanded upon the basic premise that a 10 victim of human trafficking who becomes part 11 of the sex trafficking industry would not 12 suffer any consequences, either presently or 13 in the future, by virtue of having been 14 trapped into that ungodly situation. Because 15 we said very directly -- and if you read the 16 law, much of it deals with the victim. And in 17 this case, the one you're dealing with, that 18 woman is a victim. And a victim should not be 19 punished more than they've already had to 20 endure. 21 But unfortunately, as the district 22 attorneys are pointing out to us, there is a 23 technical glitch. And Senator Hannon 24 described it to you. 25 Now, we could reach your objective

Candyco Transcription Service, Inc. 1 and get rid of that problem very easily. A 2 few sentences in your bill changed and 3 modified would bring us to a point where the 4 district attorneys, who are the ones we rely 5 upon in the courtroom to implement our sex 6 trafficking bill -- and it's been used, by the 7 way, in a number of instances since it became 8 law. 9 I'm asking you to do a favor of the 10 very people that you're advocating for. Take 11 a day, look at your bill, read the memo from 12 the district attorneys, talk to whatever 13 counsel you feel comfortable with, make the 14 changes, and I'm sure you'll get every member 15 of this chamber to vote for it. But we cannot 16 allow something that is worthy to become the 17 basis by which we make a mistake, and we know 18 what the mistake would be here. 19 I applaud your intentions. I 20 support your initiative. Your heart's in the 21 right place. Your motivation is exactly where 22 it should be. But unfortunately, what we have 23 got on paper in this bill is a problem. And 24 we ought to deal with it. 25 You know, we all have a pride of

Candyco Transcription Service, Inc. 1 authorship. But sometimes if someone brings 2 up an issue and says, Hey, there's a little 3 error here -- or a big error, or a 4 medium-sized error -- here's how we could 5 correct it, we listen. And that's what I'm 6 asking you to do. 7 ACTING PRESIDENT JOHNSON: 8 Senator Volker. 9 SENATOR VOLKER: Yeah, very 10 quickly. 11 Tom, I just want to say to you -- 12 and what you said was absolutely correct. 13 That is, that these people in many cases were 14 treated horribly. And I am totally in 15 agreement with what you said. 16 Except that the problem, we are 17 told by prosecutors is and by people who are 18 familiar with these cases, is that this bill 19 really, the way it is written, could very well 20 allow people who were really not a part of a 21 sex trafficking business to use that as an 22 excuse. 23 You know, we passed the toughest 24 sex trafficking bill in the country. And the 25 same people who helped us pass that bill are

Candyco Transcription Service, Inc. 1 now telling us that this bill, in their 2 opinion, will weaken it. And I know you don't 3 mean to do that. You're worried about the 4 victims, and you should be. But I would have 5 to say to you that I would have to vote 6 against this. 7 I think the problem is that the 8 committee, apparently some committee at the 9 Bar of New York -- not the Bar Association. I 10 couldn't believe that they did. It was a 11 committee. Whatever the committee was, they 12 must have read the bill thinking with their 13 heart instead of their head. 14 But, you know, personally I commend 15 you for this kind of bill. But I ask you -- 16 I'm going to have to vote against it because 17 all the federal and state prosecutors are 18 telling us that this bill could be a real 19 problem if it's not changed. 20 ACTING PRESIDENT JOHNSON: Are 21 there any other Senators wishing to be heard 22 on the bill? 23 Senator Schneiderman. Senator 24 Schneiderman, on the bill? 25 SENATOR SCHNEIDERMAN: Yes, thank

Candyco Transcription Service, Inc. 1 you. On the bill, Mr. President. 2 I have to say, ladies and 3 gentlemen, this is a very narrow addition to 4 the program set up in the original bill that 5 outlawed sex trafficking in New York State. 6 And if you're proud of the work on that bill, 7 I honestly don't see how you can possibly vote 8 against this. 9 The New York State anti-trafficking 10 law provided that the victims of sex 11 trafficking would get counseling, would get 12 support in their efforts to reintegrate 13 themselves into society. But there was an 14 omission in the original bill that is dealt 15 with by Senator Duane's legislation, that you 16 cannot reintegrate into society if you're 17 walking around with a conviction. 18 And these 440 motions -- and, you 19 know, my partner in justice here, Senator 20 Volker, we've argued about 440 motions for 21 many joyful years, and I'll be denied that 22 pleasure next year. But there are a lot of 23 less sympathetic people who are eligible to 24 make 440 motions to vacate their conviction 25 than the people this bill addresses.

Candyco Transcription Service, Inc. 1 In order to apply to have your 2 conviction vacated under this bill, you have 3 to prove that you were a victim of sex 4 trafficking. That means you have to have been 5 the victim of someone who provided illegal 6 drugs, withheld or destroyed immigration 7 documents, engaged in terror tactics. This is 8 something that you have to prove to be 9 eligible to make an application to vacate your 10 conviction. 11 This only applies to demonstrated 12 victims of sex trafficking. And the notion 13 that we're going to pretend that we want to 14 help these people reintegrate without giving 15 them an opportunity to have a clean record so 16 they can get a job, so they can get housing, 17 so that perhaps they can continue with the 18 process of applying to change their 19 immigration status, this is -- we're talking 20 about children, ladies and gentlemen. There 21 are 4,000 children in New York City alone who 22 are the victims of sex trafficking. 23 And if someone can prove that they 24 are a victim of sex trafficking -- and I 25 assure you, no one who's still a victim of sex

Candyco Transcription Service, Inc. 1 trafficking is going to make it into court for 2 a 440 motion. Come on, you guys are not 3 talking about the real world. You have to 4 have escaped from the sex traffickers to get 5 to court to make a 440 motion. I mean, this 6 is just -- you know, you guys are not talking 7 about reality. 8 You are going to deny these 9 children who are victims the right to get a 10 clean record? I think it is a major, major 11 error. I would urge, Mr. President, that 12 everyone vote in favor of this bill. This is 13 a critical addition to the sex trafficking 14 law. I thank Senator Duane. 15 And please, apply a little common 16 sense as you're reading the statute and 17 thinking about its implications. There is no 18 one who's still the victim of the sex 19 traffickers who's going to get into court to 20 make a motion. You have to prove you were a 21 victim of this horrendous crime. 22 For the children who are suffering 23 today and want to try and get their lives back 24 on track, please vote yes on this bill. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: Thank 2 you, Senator Schneiderman. 3 Senator Duane. 4 SENATOR DUANE: Thank you, 5 Mr. President. 6 I just first want to -- because I'm 7 going to just speak for a couple of moments. 8 And I take my colleagues on the other side of 9 the aisle at their word that there's a memo 10 from the district attorneys. And I hope that 11 they'll pass it down the aisle now to me, 12 because I have not seen this memo. I don't 13 know of anyone on this side of the aisle 14 that's seen this memo. And it's beyond news 15 to me. 16 And I'm very upset about it because 17 of course I want to craft the best possible 18 legislation, and of course I want it to pass. 19 And I don't know of this objection from the 20 DAs. So I am hoping that they'll pass it 21 along so that I can work off it and even know 22 who to contact about it. Because I don't -- I 23 haven't seen it, and no one on our side of the 24 aisle, as far as I know, has seen said memo. 25 So it's odd and, you know -- so but

Candyco Transcription Service, Inc. 1 while it's I hope being, you know, shared, I 2 want to -- you know, this goes exactly to the 3 point that my colleague Senator McDonald was 4 raising before about how it is that we 5 intentionally or -- which I don't think we do. 6 Well, I'll speak for myself. I don't do and I 7 know there are other people in this house, 8 including Senator McDonald and others, who 9 would never intentionally victimize a person 10 for even another day, whether it's on the 11 budget or whether it's someone that wants to 12 have their conviction vacated because they 13 can't get a job and get on with their lives. 14 And that's what our intention was, 15 was to help -- I mean, "victim" is almost 16 too -- it's almost not the right word. 17 Traumatized victims, brutalized victims. To 18 be able to not just take advantage of the 19 services which this legislation, you know, was 20 intended to do, but to actually -- it's not 21 even helping them, it's not holding them back. 22 It's not special treatment. It's not holding 23 someone back. 24 And, you know, believe me, I am -- 25 I agreed with practically everything that

Candyco Transcription Service, Inc. 1 Senator McDonald had to say. And I am also 2 frustrated at what's been happening with the 3 budget process. I don't think there's anyone 4 here who is not. But why would we then say 5 that this bill, for one person, why would we 6 punish one person who could have their 7 wrongful conviction -- because they were 8 convicted because of slavery -- vacated? 9 Like, I don't get that. I don't get that. 10 So if there is such a memo and 11 maybe even if there isn't, of course I would 12 be willing to pull this bill back and make 13 everybody wait longer, because promises of 14 tomorrow -- I've been around a while. 15 Tomorrow is not always tomorrow around here. 16 If there is such a piece of paper that says 17 what this objection is. Because I haven't 18 seen it. And, you know, maybe there's a 19 misunderstanding. Maybe it's about another 20 piece of legislation. Maybe it's not about 21 this. I mean, everybody makes mistakes like 22 that. I understand that. 23 But we're here. We could pass this 24 bill today -- 25 ACTING PRESIDENT JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Padavan -- Senator Padavan, why do you 2 rise? 3 SENATOR PADAVAN: Would Senator 4 Duane yield briefly? 5 SENATOR DUANE: Yes, Mr. 6 President. 7 ACTING PRESIDENT JOHNSON: For a 8 question, Senator Padavan? Senator Padavan, 9 for a question? 10 SENATOR PADAVAN: I'm going to 11 try and phrase it in the form of a question so 12 I don't violate the rules. 13 ACTING PRESIDENT JOHNSON: Fine. 14 SENATOR PADAVAN: Senator, did 15 you know that the president of the DAs 16 Association, by the name of Kate Hogan, DA, 17 Warren County, communicated verbally today to 18 our counsels -- not in memo form, but 19 verbally -- the issues that you've heard 20 raised by some of our members with regard to 21 what they perceive and feel is a technical 22 glitch, if you will, in the language that 23 you've embodied in your law? Not with its 24 intent, not with its goal. We already said 25 that.

Candyco Transcription Service, Inc. 1 And if that is the case, would you 2 give them the benefit of the doubt for a day 3 to communicate that information to you so that 4 you could consider incorporating what they 5 think would be a modified language and deal 6 with their problem? That is my question. 7 SENATOR DUANE: Mr. President, if 8 I could just clarify the question. 9 ACTING PRESIDENT JOHNSON: Of 10 course. 11 SENATOR DUANE: The question is 12 the phone call was on behalf of the entire 13 association of the DAs? Or is it just one DA? 14 That's what I'd like clarification of, if 15 that's okay, Mr. President. 16 ACTING PRESIDENT JOHNSON: 17 Senator Padavan, could you please clarify for 18 Senator Duane the question? 19 SENATOR PADAVAN: My 20 understanding is that DA Hogan was speaking in 21 her capacity as president of the DAs 22 Association. 23 SENATOR DUANE: Through you, 24 Mr. President, I do have a concern that I 25 really -- and I can actually, you know, I'm a

Candyco Transcription Service, Inc. 1 good talker. There is time to verify whether 2 this is the official position of the 3 Association, because I can say more about the 4 bill and why it's so important. 5 So I would like clarification on 6 whether this is the official position of the 7 DAs Association. Because I would hate to 8 think that whoever it is in their association 9 who tracks legislation missed this, since it 10 passed the Assembly unanimously. So it is of 11 concern to me that they were so off their game 12 that they completely missed this piece of 13 legislation. 14 So while that's being verified, 15 precisely whether this is a DA or the 16 association, I'd like to make a few more 17 comments about the legislation, and I will 18 take a moment to do that while we await word 19 from the District Attorneys Association. 20 So, Mr. President, under this 21 legislation -- there's a whole other area of 22 this legislation that is incredibly important. 23 And that is the issue of how it is that we 24 actually go up the chain from those who are 25 enslaved to get the actual traffickers. And

Candyco Transcription Service, Inc. 1 how it is that we are able to turn a victim -- 2 and again, that word is too weak for who we're 3 talking about -- that slave, that abused, 4 raped, you know, really without a country, 5 because they're without a passport, how it is 6 that we are able to allow them to help us to 7 get the kingpins, if you will, of human 8 trafficking, sexual predatory trafficking. 9 And I strongly believe that this 10 legislation is actually -- is it the biggest? 11 No. But it is a tool that will help us to 12 end, someday, human trafficking, particularly 13 for the purposes of sexual enslavement and 14 prostitution. 15 And, you know, really what this is, 16 it allows just the smallest -- one time to 17 make the presumption just the slightest bit 18 stronger in order to allow a victim, and only 19 deserving and only under very stringent 20 circumstances, of which, as I say, OTDA even 21 has a form for the court to use to look at, 22 the victim to bring to court, to bring to the 23 DA, to bring to the judge. One time. Because 24 if they've said during the trial that they 25 were the victim of human trafficking and they

Candyco Transcription Service, Inc. 1 are convicted anyway, they cannot bring it up 2 again. That's it. That is it. It's one time 3 that they're allowed to use this in order -- 4 so if the claim has been made before during 5 trial, they can't go back and do it again. 6 Only, only this one time. 7 And again, I strongly believe that 8 not doing this is one more acquiescence, 9 acceptance of the stereotype -- not even a 10 stereotype, the stupid fantasy of some people 11 who are willing to pay for sex. And I don't 12 mean to -- you know, there are people, listen 13 we read about them in the newspapers all the 14 time. There might even be people here who 15 have actually used it. I'm not saying that 16 anyone here is perfect or in the world, that 17 people make mistakes. And I get that. I have 18 made mistakes. Mistakes are made. 19 But what this is doing is to try to 20 eliminate one more of the dumb ideas that 21 people have that those happy-looking women in 22 the back of an -- I mean, even New York 23 magazine used to carry these ads until finally 24 women's groups said, Why are you exploiting 25 women like this who are being enslaved?

Candyco Transcription Service, Inc. 1 There's a newspaper here in this 2 area, there's one in New York City which, if 3 you look in the back of it, perpetuates that 4 myth that these are happy women who love 5 having sex with ugly men. Come on. I'm 6 serious. That they love sex so much that 7 they're willing to do it with anyone. I mean, 8 it's absurd. 9 And not doing this bill -- maybe 10 we'll do it tomorrow if there really is a 11 problem with it. But it would be better to do 12 it today if there isn't a problem with it. 13 That we not be part of the myth that these are 14 happy, mostly women doing this because they 15 want to have sex with men who are willing to 16 pay. It's just not true. It's just not true. 17 Even if they act like it, that's part of the 18 things that they have to do. Sometimes there 19 are cameras in the room to make sure that 20 they're smiling. But they're not really 21 smiling, they're acting. Because they're not 22 having a good time, they're basically being 23 raped. And we're going to send them out into 24 the world, send them out into the world with 25 job training so they can't get a job because

Candyco Transcription Service, Inc. 1 they have a record. That's what we're doing 2 by not passing this bill. 3 I could tell you stories. We heard 4 stories. We heard stories at the hearing of 5 Senator Padavan and Senator Volker of exactly 6 that situation, where a young woman, sometimes 7 her family, thinking that they were sending 8 their daughter to a better life in the United 9 States, some decent-paying job, maybe as a 10 domestic worker or maybe as a secretary or a 11 nurse, and the family bought into the myth 12 that they were sending their daughter to a 13 better life. And what they were doing was 14 sending their daughter to a life of rape and 15 degradation and slavery and fear and 16 desperation. And their families did that, 17 unintentionally. 18 And we make it so they can't even 19 get a job to make enough money to visit their 20 family after that. It is beyond -- you know, 21 again, I'm waiting for confirmation. I would 22 say pass the bill. If and when we get the 23 confirmation, I'm happy to do a chapter 24 amendment. We do it here all the time. All 25 the time we do it. I'll talk to the Assembly

Candyco Transcription Service, Inc. 1 sponsor of the legislation. I didn't even 2 care -- again, it was just something that I 3 focused on. I thought it was an injustice 4 that we needed to fix. I don't care. Similar 5 to what Senator McDonald said, I don't care if 6 the bill is under my name. Mr. President, you 7 know that. Even on legislation which you and 8 I have worked on, bipartisan legislation, I 9 don't care whether my name is the caboose. I 10 don't care if my name is not on it at all. 11 I care about the result. I care 12 about ending this absurd myth that these are 13 happy hookers who love having sex with 14 middle-aged men that look like me. No, I 15 don't think so, Mr. President. I don't think 16 I could pay enough money. We're talking 17 acting, Mr. President. We're not talking 18 happy, happy, happy to see someone like me 19 lumber into the room. They're smiling because 20 there may be a camera on them. They're 21 smiling because they're afraid not to, 22 Mr. President. 23 I mean, you know, I realize that 24 people think -- like, I'm not trying to be 25 funny. It's -- you know, how would you like

Candyco Transcription Service, Inc. 1 to be in that position? How would you like it 2 if you were forced to have sex with people 3 against your will and then ended up with a 4 criminal record on top of it? Where's the 5 justice in that? You're right, it's 6 injustice. 7 Now, I'm hoping that maybe -- has 8 anyone reached the DAs Association in the 9 meantime? No, I haven't gotten word. I'm 10 just -- like you want to hear more bad 11 stories? You want to hear about more terrible 12 things? I'm a bottomless pit, a bottomless 13 pit of bad things happening to people and how 14 we continue to punish them with things like 15 criminal records. 16 All right. So sometimes there are 17 women whose families -- or who don't have a 18 family, who are from orphanages, and who a 19 trader comes with -- and we know that people 20 think that the United States is the place 21 where actually you can get ahead, where there 22 are good jobs. Who wouldn't believe that if 23 you had nothing else? If you were destitute, 24 if you had no family, who wouldn't believe 25 that about the United States? Right? And

Candyco Transcription Service, Inc. 1 it's true for a lot of people. But not for 2 these women. Not for these women. They end 3 up here -- sometimes they come here, they're 4 snuck in, they never had a passport. Or they 5 had the passport taken away from them and it's 6 kept by the trafficker. 7 Imagine. Imagine, your family, 8 your single parent can't take care of you and 9 in some cases doesn't want to take care of 10 you, and you end up in a home. Right? With 11 other children. And you know what? You can't 12 live there forever. It's off to the streets 13 afterwards when you age out of it. Not so 14 dissimilar to what happens in our country. 15 But, okay, probably worse. And you are 16 offered the chance to come to the United 17 States, be a nurse's aide, get an education, 18 maybe work as a domestic but then we'll help 19 you to move up, to get a better-paying job. 20 Maybe be a nanny. Who knows the promise 21 that's made. Maybe a secretary. Who knows 22 what the promise is. 23 And you go along. Right? And you 24 go along. And you say, I'm going to go to the 25 United States and I'm going to have a chance.

Candyco Transcription Service, Inc. 1 We know it happens. We know it happens. We 2 heard about it happening. We heard about it 3 at this hearing. We know about it. You read 4 the -- I mean, it's known. Movies are made 5 about it, television movies. Lifetime, the 6 Lifetime Network came and testified about this 7 because they just put a movie on about this 8 exact kind of human trafficking. Right? 9 So then you come here and what 10 happens to you is unspeakably terrible. And 11 we took a huge, huge step -- again, thanks to 12 the leadership of Senators Padavan and Volker. 13 I mean, this is not an unknown issue in this 14 house. Bipartisan. I know that the DAs know 15 about it. I can't believe they don't know 16 about it. They need to, I don't know, have 17 someone follow -- or they need to watch us on 18 TV, I don't know. They need to see what even 19 gets passed in the Assembly, what happens in 20 our committees. They need to do a better job, 21 I guess. Far be it from me. 22 But other groups know about this. 23 I mean, there are memos in favor from other 24 groups -- the New York City Bar Association. 25 Sanctuary for Families, which is probably the

Candyco Transcription Service, Inc. 1 premier domestic violence program, certainly 2 in New York City. The Urban Justice Center. 3 I mean, there's a list. Even, you know, the 4 ones that represent those who are voluntarily 5 whose job it is to be sex workers want to 6 actually help those women who are doing it 7 involuntarily. I mean, there's a broad 8 coalition. 9 And I have nothing, not a word in 10 opposition. Believe me, I have -- and you 11 know, Mr. President, you know that I am 12 willing to, happy to work with people on both 13 sides of the aisle, with people on different 14 sides of the issue outside this house. I am 15 happy to try to craft legislation. We may not 16 always agree -- we may not always agree, but 17 I'm certainly willing to do my best to bring 18 as many people into it as possible. 19 And I never heard from the DAs 20 about this. I never heard from the DAs about 21 this. It is news to me that the association 22 has a position. Maybe there was a 23 misunderstanding about -- I don't know. I'm 24 absolutely willing to give the benefit of the 25 doubt. The person that has brought it is

Candyco Transcription Service, Inc. 1 someone that I have enormous respect for on 2 this issue, because it was the hearing that he 3 put together with another Senator that 4 actually opened my mind to how we could 5 actually solve, in some way, this problem. 6 In some way I also thought we might 7 actually be able to help a victim -- which is 8 not a strong enough word -- a survivor to get 9 a job for which we, through our programs in 10 the state, have actually prepared them, 11 invested in, and for which I believe we think 12 they should be able to get a job. But they 13 can't, because they have a record. 14 You know -- and you know what? If 15 someone here hired that person and a newspaper 16 said that Senator So-and-So hired a convicted 17 felon, oh, boy, oh -- I mean, really. Right? 18 Isn't that what would happen? Sure. Many of 19 us would -- I don't even want to say risk 20 that, would absolutely do that. But it's a 21 thing. And sometimes it's unfair. And in 22 this case, we know it's unfair and we could do 23 something about it today. 24 If we have to do something about it 25 tomorrow, I'll do it tomorrow. But I need to

Candyco Transcription Service, Inc. 1 know whether it's a real thing or whether it's 2 just justice deferred for a day. 3 You know, I was speaking with 4 someone who wants to be a Supreme Court judge, 5 and her Supreme Court judge boss from several 6 years ago -- 7 ACTING PRESIDENT JOHNSON: 8 Senator Duane -- 9 SENATOR DUANE: -- said justice 10 delayed is justice denied. 11 ACTING PRESIDENT JOHNSON: 12 Senator Duane. 13 Senator Nozzolio, why do you rise? 14 SENATOR NOZZOLIO: Mr. President, 15 will Senator Duane yield? 16 ACTING PRESIDENT JOHNSON: 17 Senator Duane, will you yield for Senator 18 Nozzolio? 19 SENATOR DUANE: Yes, 20 Mr. President. 21 ACTING PRESIDENT JOHNSON: 22 Senator Nozzolio, Senator Duane will yield. 23 SENATOR NOZZOLIO: Thank you, 24 Mr. President. 25 Mr. President, my question to

Candyco Transcription Service, Inc. 1 Senator Duane is as follows. Does the 2 legislation have any qualification relative to 3 age of the -- as Senator Duane describes, of 4 the victim, where the victim would, if a 5 certain age -- and his discussion about 6 children was certainly noteworthy. But is 7 there an age restriction or qualification 8 within this legislation? 9 ACTING PRESIDENT JOHNSON: 10 Senator Duane. 11 SENATOR DUANE: Through you, 12 Mr. President, I need some clarification on 13 the question. Is the question regarding the 14 age of the person who was -- while they were 15 in slavery, if you will? Or is it about their 16 age when they came with the -- to say "I would 17 like to vacate this conviction"? 18 ACTING PRESIDENT JOHNSON: 19 Senator Nozzolio, do you understand the 20 clarification you're seeking? 21 SENATOR NOZZOLIO: My question is 22 are those who are shielded from being allowed 23 to vacate their convictions, are those limited 24 to a certain age group? In other words, under 25 18, over 18? Where is the -- is there any

Candyco Transcription Service, Inc. 1 delineation in the legislation for qualifying 2 those who are under the age of majority or of 3 consent? 4 ACTING PRESIDENT JOHNSON: 5 Senator Duane. 6 SENATOR DUANE: Through you, 7 Mr. President. You know, I -- while I asked 8 for the clarification, in a way there was no 9 need to. You know, I think the answer is -- 10 well, the short answer is no. Because there 11 isn't a big difference between being 12 victimized, enslaved, when you're 15 or if 13 you're 25. You know, slavery is slavery. 14 However, we do know that those who 15 are enslaved skew towards younger. But is 16 there an age limitation for when you could go 17 to have it vacated? Well, not specifically. 18 But, you know, we have -- no. Not 19 specifically, no. 20 SENATOR NOZZOLIO: Thank you, 21 Mr. President. 22 ACTING PRESIDENT JOHNSON: Thank 23 you, Senator Nozzolio. 24 SENATOR DUANE: In this 25 legislation, no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT JOHNSON: Thank 2 you. Senator Duane, you continue to have the 3 floor. 4 SENATOR DUANE: Yes, 5 Mr. President. Now I have the floor, yes. 6 And so I -- I -- I still am -- yeah, I'm 7 waiting, because I don't -- you know, 8 certainly someone has the phone number of 9 someone who is involved with the DAs 10 Association. You know, DAs are on duty -- 11 there's night court everywhere, with DAs -- 12 ACTING PRESIDENT JOHNSON: 13 Senator Libous, why do you rise? 14 SENATOR LIBOUS: Mr. President, 15 would Senator Duane yield for a question? 16 ACTING PRESIDENT JOHNSON: 17 Senator Duane, will you yield for a question 18 from Senator Libous? 19 SENATOR DUANE: Rarely do I not. 20 Of course, Mr. President. 21 ACTING PRESIDENT JOHNSON: Yes, 22 Senator Libous, Senator Duane yields. 23 SENATOR LIBOUS: Thank you, 24 Senator Duane. 25 Senator Duane, are you willing to

Candyco Transcription Service, Inc. 1 lay the bill aside for a day if we could get 2 this individual to reach out to you? I 3 believe that I can arrange that. This is not 4 a bluff. This is not -- we have some serious 5 concerns about the legislation. And if she 6 does not reach out to you within the next 7 24 hours, the bill can come back on the floor 8 on Monday and we would do whatever we need to 9 do on the floor. 10 And I believe I can arrange for you 11 for her to speak with you, possibly this 12 evening. 13 SENATOR DUANE: Through you, 14 Mr. President. Before I answer, I need a 15 clarification. This person, on behalf of the 16 official DAs Association -- this person will 17 be speaking on behalf of the official DAs 18 Association? 19 ACTING PRESIDENT JOHNSON: 20 Senator Libous, Senator Duane has asked for a 21 clarification. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 Mr. President, the way I understand 25 it -- and certainly, Senator Duane, this is

Candyco Transcription Service, Inc. 1 coming to me from secondhand from this person, 2 because I don't want to be misrepresentative. 3 But the legislative committee of the DAs 4 Association met and they recommended against 5 this bill and said that there was a technical 6 flaw that they would be willing to sit down 7 with the sponsor and get it corrected. 8 ACTING PRESIDENT JOHNSON: So, 9 Senator Libous, does your question still then 10 remain as to -- 11 SENATOR LIBOUS: Yes, 12 Mr. President. I'm not -- lookit, I'm not 13 trying to give the sponsor a hard time. He 14 certainly made his points. I believe we made 15 our points. And all we're trying to do is say 16 that this individual will reach out to him. 17 And if for whatever reason matters can't be 18 resolved, then he can bring it back on the 19 floor. 20 ACTING PRESIDENT JOHNSON: 21 Senator Duane. 22 SENATOR DUANE: Mr. President, 23 I'm going to say -- before I give the answer, 24 I will be very disappointed with the District 25 Attorneys Association, I will be disappointed

Candyco Transcription Service, Inc. 1 if I am making the wrong decision here. And I 2 cannot -- within the realm of civility, 3 although I can't say that it won't be 4 free-floating and somewhat misdirected. 5 Of course, with those provisos, 6 yes. But I'm on a very short and tight 7 timeline either to pass the legislation or to 8 get it fixed if this is the DAs Association 9 official position. And really, I shouldn't be 10 accepting it because it's of a committee and 11 not the association, because this bill has 12 been around for a while and already passed the 13 Assembly unanimously. 14 But my answer, with those 15 qualifications, and maybe some more in the 16 interests of time that I'm just not going to 17 bother to say right now, the answer is yes. 18 ACTING PRESIDENT JOHNSON: 19 Senator Libous. 20 SENATOR LIBOUS: Thank you. 21 ACTING PRESIDENT JOHNSON: Thank 22 you, Senator Libous. 23 SENATOR DUANE: So I'm going to 24 ask my floor leader and my deputy leader to 25 ask to let it --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 could we lay the bill aside for the day. 3 ACTING PRESIDENT JOHNSON: The 4 bill is laid aside for the day. 5 SENATOR LIBOUS: Thank you. 6 ACTING PRESIDENT JOHNSON: Thank 7 you. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 can we please lay the rest of the calendar 11 aside for the day. 12 ACTING PRESIDENT JOHNSON: The 13 remainder of the calendar is laid aside for 14 the day. 15 That completes the reading of the 16 controversial calendar, Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 have a motion. On behalf of Senator Huntley, 19 on page number 24 I offer the following 20 amendments to Calendar Number 426, Senate 21 Print Number 6844, and ask that said bill 22 retain its place on Third Reading Calendar. 23 ACTING PRESIDENT JOHNSON: So 24 ordered. 25 SENATOR KLEIN: Please recognize

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. Mr. President, I wish to call 4 up Calendar Number 344, Assembly Print 9070. 5 ACTING PRESIDENT JOHNSON: The 6 Secretary will read the title of the bill. 7 THE SECRETARY: Calendar Number 8 344, by Member of the Assembly Hoyt, Assembly 9 Print Number 9070, an act to amend the Real 10 Property Law. 11 ACTING PRESIDENT JOHNSON: Can we 12 have some order, please. We're still doing 13 business of the Senate. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. I now move to reconsider the 17 vote by which this Assembly bill was 18 substituted for Senate Print 7170 on April 14, 19 2010. 20 ACTING PRESIDENT JOHNSON: Call 21 the roll on reconsideration. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT JOHNSON: 25 Senator Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Thank you, 2 Mr. President. I now move that Assembly Bill 3 Number 9070 be recommitted to the committee on 4 Judiciary and that this Senate bill be 5 restored to the order of Third Reading 6 Calendar. 7 ACTING PRESIDENT JOHNSON: So 8 ordered. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 ACTING PRESIDENT JOHNSON: Thank 12 you, Senator Libous. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, 15 could you please recognize Senator Volker. 16 ACTING PRESIDENT JOHNSON: May we 17 please have some order in the chamber. 18 Senator Volker. 19 SENATOR VOLKER: Mr. President, I 20 just wanted to remind everybody that tomorrow 21 night is the Senate Club dinner at Jack's. 22 And we'd appreciate it if all those who have 23 already committed to come. I just don't want 24 anybody to forget. 25 The Governor is coming. He's

Candyco Transcription Service, Inc. 1 gratefully agreed to come. And so we hope to 2 see as many people as can tomorrow night at 3 Jack's. 4 ACTING PRESIDENT JOHNSON: Thank 5 you, Senator Volker. 6 Senator Klein. 7 SENATOR KLEIN: Can you recognize 8 Senator Oppenheimer for an announcement. 9 ACTING PRESIDENT JOHNSON: 10 Senator Oppenheimer. 11 SENATOR OPPENHEIMER: This is 12 just a request for the other Senators. 13 Someone walked out of the Green Room with my 14 district office papers. So when you look 15 through your papers, if you have Suzi district 16 office papers, please get them returned to me. 17 ACTING PRESIDENT JOHNSON: So if 18 you have Senator Oppenheimer's papers, please 19 return them to Senator Oppenheimer. 20 Senator Klein. 21 SENATOR KLEIN: I just want to 22 remind Mr. President I think there's a stalled 23 car in the parking lot, license plate 24 number -- 25 (Laughter.)

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: No, Mr. 2 President. Is there any further business at 3 the desk? 4 ACTING PRESIDENT JOHNSON: 5 Senator Klein, other than the stalled car, the 6 desk is clear. 7 SENATOR KLEIN: Mr. President, 8 there being no further business, I move that 9 we adjourn until Tuesday, May 11th, at 10 3:00 p.m. 11 ACTING PRESIDENT JOHNSON: There 12 being no further business to come before the 13 Senate, on motion, the Senate stands adjourned 14 until Tuesday, May 11th, at 3:00 p.m. 15 (Whereupon, at 7:30 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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