Monday, May 24, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 24, 2010 11 4:26 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 CRAIG JOHNSON: 3 The 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 CRAIG JOHNSON: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Sunday, May 23, the Senate met pursuant to 19 adjournment. The Journal of Saturday, May 22, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT CRAIG 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: Mr. President, I 10 believe there's a substitution at the desk. I 11 ask that we make the substitution at this 12 time. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will read. 15 THE SECRETARY: On page 34, 16 Senator Stavisky moves to discharge, from the 17 Committee on Higher Education, Assembly Bill 18 Number 9959 and substitute it for the 19 identical Senate Bill Number 6809, Third 20 Reading Calendar 542. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Substitution ordered. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I 25 believe there's a resolution at the desk by

Candyco Transcription Service, Inc. 1 Senator Thompson. I ask that the title of the 2 resolution be read and move for its immediate 3 adoption. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein, has this resolution been deemed 6 privileged and submitted by the office of the 7 Temporary President? 8 SENATOR KLEIN: Yes, it has, 9 Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will read. 12 THE SECRETARY: By Senator 13 Thompson, legislative resolution commending 14 Boys and Girls Clubs across the State of 15 New York for the outstanding service they 16 provide young people and their families. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Thompson. 19 SENATOR THOMPSON: Yes, thank 20 you, Mr. President. You look good up there 21 too. 22 Let me first thank you for, one, 23 recognizing me. 24 The New York State Senate is 25 pleased to recognize the Boys and Girls Clubs

Candyco Transcription Service, Inc. 1 of New York State for the valuable 2 contributions they make to the young people of 3 the state. And they are here today, and I 4 think we should give them a round of applause 5 for all of these 35 young people. 6 (Applause.) 7 SENATOR THOMPSON: The Boys and 8 Girls Clubs provide services for over 250,000 9 school-aged youth in 59 cities across New York 10 State. Their goal is to inspire all young 11 people, especially those from disadvantaged 12 backgrounds, to help them realize their full 13 potential as productive, responsible, and 14 caring citizens. 15 The areas of focus and 16 encouragement include character and leadership 17 development, education and career advancement, 18 health and life skills development. They 19 encourage appreciation for the arts and 20 provide programs in sports, fitness and 21 recreation. 22 Their programs promote a better 23 self-image and improved education. They also 24 include social emotional and cultural 25 awareness. They encourage community

Candyco Transcription Service, Inc. 1 involvement, strong moral values, and enhanced 2 life management skills. 3 Today there are 35 nominees for the 4 New York State Youth of the Year in the 5 gallery. Tomorrow, one will be chosen to 6 represent New York State in the national Youth 7 of the Year contest for the Boys and Girls 8 Clubs of America. 9 I'd like to also recognize two 10 young people today that are from my district: 11 Janiece Arties, City of Buffalo Masten 12 Clubhouse -- which I used to live around the 13 corner from -- and also Dolores Pereia, from 14 Niagara Falls as well. 15 So I'd like to congratulate all 35 16 of these beautiful young people. You look so 17 precious. And we're glad that you are here 18 today. Thank you. 19 (Applause.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Foley. 22 SENATOR FOLEY: Thank you, 23 Mr. President. 24 I also rise to commend the Boys and 25 Girls Clubs throughout the State of New York.

Candyco Transcription Service, Inc. 1 Particularly in the Third Senatorial District, 2 the Boys and Girls Clubs have played a very, 3 very important role in their particular 4 neighborhoods. 5 And I look forward to the day very 6 soon where a new center will be constructed in 7 the Bellport community that has been waiting 8 over 30 years for a new center. And this is 9 something that the community, the school 10 district, my office and others have worked on 11 over a period of time. And it's emblematic, 12 if you will, of how the Boys and Girls Club 13 continues to meet the needs of the 14 communities. 15 So again, we'd like to thank you 16 and welcome you to Albany. And again, those 17 of us in our component senatorial districts 18 know full well just how important the Boys and 19 Girls Clubs have been to the youth of our 20 state. 21 Thank you very much, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Are there any other Senators wishing to be 24 heard on the resolution? 25 Seeing none, the question is on the

Candyco Transcription Service, Inc. 1 resolution. All those in favor please signify 2 by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The resolution is adopted. 9 Senator Thompson has indicated he 10 would like to open the resolution up for 11 cosponsorship by the entire house. Any 12 Senator wishing not to be on the resolution 13 please notify the desk. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe there's a resolution at the desk by 17 Senator Libous. I ask that the resolution be 18 read in its entirety and move for its 19 immediate adoption. 20 ACTING PRESIDENT CRAIG 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 CRAIG JOHNSON: 2 The Secretary will read. 3 THE SECRETARY: By Senator 4 Libous, legislative resolution commending 5 President Lois B. DeFleur upon the occasion of 6 her retirement after many years of 7 distinguished service to Binghamton 8 University. 9 "WHEREAS, New York State's 10 commitment to higher education is 11 unparalleled. Its history and stature are 12 secured by the superlative caliber of its 13 educational professionals and the students 14 they inspire; and 15 "WHEREAS, It is the sense of this 16 Legislative Body to acknowledge the 17 significant milestones in the distinguished 18 careers of those outstanding educational 19 leaders whose dedications and achievements 20 have been instrumental in developing character 21 and academic excellence in the young people of 22 New York State; and 23 "WHEREAS, Attendant to such 24 concern, and in full accord with its 25 long-standing traditions, this Legislative

Candyco Transcription Service, Inc. 1 Body is justly proud to commend Binghamton 2 University President Lois B. DeFleur upon the 3 occasion of her retirement after many years of 4 distinguished service in education. She will 5 officially retire in July of 2010; and 6 "WHEREAS, Over her 20 years as 7 president of Binghamton University, Lois B. 8 DeFleur has had an impressive influence on the 9 campus, the Southern Tier, the SUNY system and 10 higher education in general; and 11 "WHEREAS, Spanning two decades, 12 President Lois B. DeFleur's continuity of 13 stewardship and her clarity of vision have 14 helped accelerate Binghamton University's 15 transition from the small liberal arts college 16 that it was in a former life into a university 17 center in the SUNY system, prized for its 18 graduate studies, research programs, and range 19 of professional degrees offered by its six 20 schools and colleges; and 21 "WHEREAS, Binghamton University was 22 ranked the 2009-2010 fifth best value upon 23 among public colleges by Kiplinger, ranked 24 among the nation's top 50 public universities 25 for 13 consecutive years by U.S. News and

Candyco Transcription Service, Inc. 1 World Report, and ranked number two in the 2 nation for its graduate accounting program by 3 Business Week; and 4 "WHEREAS, with about 15,000 5 students, successful advancement from Division 6 III to Division I athletic programs, and the 7 addition of several new buildings and 8 programs, including the Binghamton University 9 Events Center, the Engineering and Science 10 Building, and the University Downtown Center, 11 Binghamton University has become a major 12 influence on the Southern Tier as well as a 13 major employer; and 14 "WHEREAS, Binghamton University has 15 partnered on many projects with organizations 16 from the private sector, including BAE 17 Systems, Corning Incorporated, Endicott 18 Interconnect, General Electric, IBM and 19 Lockheed Martin; and 20 "WHEREAS, On August 13, 1990, when 21 Lois B. DeFleur became president of Binghamton 22 University, she was one of the first women in 23 the nation to hold such a position, and, as a 24 role model, helped pave the way for others of 25 her gender to aspire to one day sit in a CEO

Candyco Transcription Service, Inc. 1 or college president chair; and 2 "WHEREAS, Educators like Lois B. 3 DeFleur provide a tremendous service to the 4 future of our state and nation, inspiring 5 generations of young people in their 6 educational journeys and ensuring their 7 success in their future years; and 8 "WHEREAS, It is the sense of this 9 Legislative Body to commend the efforts of 10 those individuals who work to support our 11 proud tradition of public higher education by 12 providing their skills and talents to our 13 schools; now, therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to commend 16 Binghamton University President Lois B. 17 DeFleur upon the occasion of her retirement 18 after many years of with distinguished service 19 in education, and to wish her continued 20 success in all her future endeavors; and be it 21 further 22 "RESOLVED, That copies of this 23 resolution, suitably engrossed, be transmitted 24 to President Lois B. DeFleur." 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. 4 Before I make my comments, I want 5 to welcome President DeFleur and her fiance, 6 Jim McGorry, and members of the council and 7 certainly some of her staff who are with us in 8 the gallery today. 9 And it brings me great honor to 10 stand on this floor today and honor President 11 DeFleur. She has done so much not only for 12 this great university, but for our community, 13 and I just don't know where to start. 14 And as you mentioned in your 15 resolution as it was read, we can first start 16 with the campus, in its growth and its 17 buildings -- whether we talk about the new 18 Downtown Center, the Events Center, the Decker 19 Nursing Center, student housing complexes -- 20 with over $1 billion in capital growth in her 21 20 years as president. 22 That's pretty impressive, 23 Mr. President, to be able to look back after 24 20 years and to know that a billion dollars 25 was invested in this facility, this beautiful

Candyco Transcription Service, Inc. 1 campus, through President DeFleur, through her 2 vision, through her commitment, through her 3 dedication, through her energy and through her 4 hard work, through her passion and 5 never-ending devotion to the students and the 6 faculty of that university. 7 I asked her earlier today, I said, 8 "What was the success what made Binghamton 9 University during your tenure the great 10 university that it is?" And she said, 11 "Quality." The quality of her student body, 12 the quality of her staff and administration, 13 and the quality of the faculty. 14 And I would have to agree with 15 that. I've had the honor of working with 16 President DeFleur over the last 20 years, and 17 certainly her staff -- some of whom are here 18 today, members of the council, who are very 19 dedicated community leaders -- and quality 20 does continue to come up when we look at the 21 growth of this great university. 22 You mentioned in the resolution, 23 Mr. President, that Kiplinger's mentioned 24 Binghamton University as a best value. U.S. 25 News and World Report, 13 years straight,

Candyco Transcription Service, Inc. 1 recognized it as one of the 50 best public 2 universities. That doesn't come without a lot 3 of work, a lot of hard work and effort, and 4 certainly passion and dedication. 5 If I think back and look at some of 6 the accomplishments that President DeFleur has 7 had upon this university, there are so many 8 that I could just pick a couple. 9 One was a decision she made to take 10 the university in 1999 -- something that she 11 had planned for and had vision -- in athletics 12 from Division III to Division I. That really 13 helped us in many, many ways, not only as a 14 community, but with the quality of education 15 at Binghamton University, now to have a 16 Division I athletics team. And what many 17 people don't realize is that is during that 18 Division I time period, we have won some 19 18 championships in the American East through 20 our various athletic programs. 21 The Events Center that was built to 22 house many of the athletic programs not only 23 became part of the campus, but it became part 24 of the community. Not only for concerts and 25 other great events, but in 2006 many of you

Candyco Transcription Service, Inc. 1 may recall that the Southern Tier area was 2 devastated by floods. During that period, 3 many, many people lost their homes. 4 Immediately, President DeFleur took the normal 5 leadership role that she has always taken in 6 our community, beyond the campus that she ran, 7 and opened up the Events Center so that over 8 3,000 people would have a place to sleep, 9 would have a place to eat, and would have a 10 place that they could call their home during a 11 time that they had lost everything. 12 Many of them, as the president 13 mentioned, toward the end, when we were 14 relocating people with the Red Cross, wanted 15 to stay. She said they wanted to stay because 16 they were getting taken care of very, very 17 well. 18 And that's the kind of person Lois 19 DeFleur is. It goes beyond the bricks and 20 mortar of a fantastic campus, a beautiful 21 facility that's nestled in the Southern Tier 22 area. But she made the college a very vibrant 23 part of the community, she made it a 24 comfortable part of the community, so that the 25 community could share with the college and the

Candyco Transcription Service, Inc. 1 college could share with the community. 2 That's something, President 3 DeFleur, before you came to Binghamton, didn't 4 happen. And that was a very, very special 5 talent and trait that you brought. 6 I am going to miss you, just like 7 the community will miss you. I will miss our 8 spirited discussions on the direction of 9 Binghamton University, in which you were 10 always right and I learned from you. I will 11 miss the excitement at the BU basketball 12 games, in which I had the honor and pleasure 13 of sitting next to the president and every 14 once in a while getting one of those elbows 15 that she used to throw when she played 16 basketball in college. And I will miss those, 17 Lois, I will miss those. 18 But most of all, it's what the 19 community will miss and what this state will 20 miss. We will miss your vision, we will miss 21 your passion, and we will miss the leadership 22 that has brought this campus to a position 23 that has never been better before, to continue 24 to grow. And we, as a community and as a 25 state, say thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Smith. 3 SENATOR SMITH: Thank you very 4 much, Mr. President. 5 Let me stand on the floor and join 6 my colleague Senator Libous. On my election 7 back in 2000, one of my first introductions to 8 the president of a State University in this 9 state was through Senator Libous, which was 10 President DeFleur. 11 My mistake -- and I say this at the 12 risk of getting Toby Stavisky a little 13 concerned -- is that I thought every State 14 University president would be the same. 15 However, as I have grown to travel around this 16 state -- and that is not to indicate that 17 there are other State University presidents in 18 our SUNY system that are not good -- I found 19 out very quickly that she was great. 20 My one concern that I have, and I 21 have to confess this, is that she's retiring. 22 I don't know if those young people who 23 attended Binghamton University, many of which 24 have gone on to become professionals and are 25 contributing to this great state and country,

Candyco Transcription Service, Inc. 1 the unfortunate thing is there will be many 2 others who won't have the same leadership at 3 the helm of that university that you put your 4 life into. 5 Senator Libous talked about how the 6 campus has grown, what you have done. I can 7 recall reading so many articles where, as much 8 as we are enamored with Harvard University, so 9 many people have called Binghamton the Harvard 10 University of the State University system. 11 And I think that is a leadership explanation 12 bar none. 13 We're going to miss you. And I am 14 proud to stand here, as someone from Queens -- 15 which most people are probably saying "What do 16 you know about President DeFleur?" But as I 17 always profess, that this is a One New York 18 legislative body, I stand here because you 19 epitomize that. You've had individuals in 20 your university from all over the state and 21 all over the country. And I'm not sure what 22 their future holds; I know it will be great. 23 But you will be missed. 24 If, in fact, there was a way for us 25 to convince you to do otherwise or to stay,

Candyco Transcription Service, Inc. 1 I'd join Senator Libous in that campaign, a 2 bipartisan announcement right on the floor, 3 and we will do what we can to keep you. 4 I had to come on the floor today 5 because I would have not allowed this 6 resolution to go forward without being able to 7 put my words to it. 8 I congratulate you on your time. 9 We will miss you. I congratulate my friend 10 and colleague Senator Libous for the fine 11 resolution. You could not have chosen a 12 better person to honor today. 13 And I ask all my colleagues to 14 please express your enthusiasm for what she 15 has done. For those of you who do not know 16 her, if you trust my word and you trust 17 Senator Libous's word, which I think you do, 18 you are missing and will be missing a fine 19 president for such a university as Binghamton. 20 And God bless you very much. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator LaValle. 23 SENATOR LaVALLE: Thank you, 24 Mr. President. 25 It's a great pleasure to rise to

Candyco Transcription Service, Inc. 1 join both Senator Libous and Senator Smith in 2 talking about President Lois DeFleur. 3 You know, we have a great State 4 University system. That system, the whole is 5 made up of the sum of its parts. Today we are 6 recognizing and honoring by our words the 7 architect, the president, Lois DeFleur, who 8 has, from 1990 to 2010, much like a builder 9 putting together a quality structure brick by 10 brick and doing it in such a way that it has 11 received, both at the undergraduate level and 12 the graduate level, incredible recognition. 13 As many of you know, it is a very, 14 very rigorous admissions process. And many of 15 us have written letters for some of the most 16 talented students to get into this very, very 17 prestigious university. 18 Besides the academic -- and Tom has 19 talked about the other accomplishments -- 20 President Lois DeFleur recognized early on 21 public/private relationships. And when you 22 look at the Southern Tier, you will see that 23 Binghamton University is the nucleus of 24 everything that is great that happens within 25 that region.

Candyco Transcription Service, Inc. 1 We can talk about engineering 2 programs, healthcare programs, we could go on 3 and on. The research and development programs 4 with businesses, key components that provide 5 economic opportunities, job opportunities for 6 people in that region and certainly 7 educational and cultural opportunities for 8 that region. 9 I've watched President DeFleur and 10 her Senator, Senator Libous, come together and 11 work in a very artful, creative, productive 12 way to get things done for that region. And, 13 Lois, you will go down, clearly, as one of the 14 outstanding presidents within the State 15 University of New York system. Anyone who 16 could endure a period of time, with the ups 17 and downs of the economy and other challenges, 18 from 1990 to 2010, that in and of itself 19 speaks volumes. 20 So congratulations to both you and 21 your fiance as you fly around the country. I 22 don't know who the pilot's going to be, but 23 much good luck to both of you. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Stavisky.

Candyco Transcription Service, Inc. 1 SENATOR STAVISKY: Thank you, 2 Mr. President. 3 President DeFleur came to 4 Binghamton about 20 years ago from the 5 University of Missouri at Columbia, where she 6 was provost, and from Washington State 7 University, where she was the dean of the 8 college of liberal arts. 9 When Dr. DeFleur came to 10 Binghamton, there were very few women 11 presidents, the same way that there are very 12 few women here in the State Senate. And she 13 became a role model for many, many women 14 progressing through the academy, the halls of 15 ivy, or whatever you want to call it. 16 But she has led the way in terms of 17 leading a major research university in the 18 State University of New York. And Binghamton 19 obviously has a long tradition of excellence, 20 a tradition that goes back many, many years. 21 For example, when Dr. DeFleur came 22 to Binghamton, the endowment was $8 million. 23 She's leaving with an endowment of 24 $64 million -- this in a day of economic 25 retrenchments and cuts to higher education.

Candyco Transcription Service, Inc. 1 Professor DeFleur has increased the research, 2 the faculty awards. And she has recognized 3 the relationship between the academic 4 community and the business community. 5 And this, to me, is the future of 6 higher education, to harness the people in the 7 Southern Tier or in the North Country or out 8 on the eastern end of Long Island or in the 9 western parts of Cattaraugus County and bring 10 it into the educational community. This is a 11 relationship that I think, as times are 12 difficult, that we're going to explore even 13 more. 14 In her retirement -- and I know 15 what was said, that she is going to be 16 traveling. And I understand that President 17 DeFleur is a pilot. She pilots her own 18 Comanche 260 airplane. Somebody referred to 19 the ups and downs of the economy; this is the 20 ups and downs of the aircraft. 21 And I hope that you take it on a 22 steady course, a safe course. And you've 23 piloted the university so well for these many, 24 many years, and may you continue to pilot the 25 transport to happiness in your retirement.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Thank you, Senator Stavisky. 4 Are there any other Senators 5 wishing to be heard on the resolution? 6 Seeing none, the question is on the 7 resolution. All those in favor please signify 8 by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The resolution is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 I'd like to go back to motions. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Returning to the order of motions and 20 resolutions. 21 Senator Klein. 22 SENATOR KLEIN: On behalf of 23 Senator Stachowski, I move that the following 24 bills be discharged from their respective 25 committees and be recommitted with

Candyco Transcription Service, Inc. 1 instructions to strike the enacting clause: 2 Senate Number 2789 and Senate Number 5652. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 So ordered. 5 Senator Klein. 6 SENATOR KLEIN: On behalf of 7 Senator Parker, on page number 32 I offer the 8 following amendments to Calendar Number 518, 9 Senate Print Number 4291, and ask that said 10 bill retain its place on Third Reading 11 Calendar. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 So ordered. 14 SENATOR KLEIN: On behalf of 15 Senator Krueger, on page 24 I offer the 16 following amendments to Calendar Number 393, 17 Senate Print Number 5571, and ask that said 18 bill retain its place on Third Reading 19 Calendar. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 So ordered. 22 Senator Klein. 23 SENATOR KLEIN: On behalf of 24 Senator Hassell-Thompson, on page number 18 I 25 offer the following amendments to Calendar

Candyco Transcription Service, Inc. 1 Number 245, Senate Print Number 3754A, and ask 2 that said bill retain its place on Third 3 Reading Calendar. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 So ordered. 6 SENATOR KLEIN: On behalf of 7 Senator Savino, on page number 16 I offer the 8 following amendments to Calendar Number 196, 9 Senate Print Number 2311C, and ask that said 10 bill retain its place on Third Reading 11 Calendar. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 So ordered. 14 Senator Klein. 15 SENATOR KLEIN: On behalf of 16 Senator Duane, on page number 12 I offer the 17 following amendments to Calendar Number 72, 18 Senate Print Number 1352A, and ask that said 19 bill retain its place on Third Reading 20 Calendar. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 So ordered. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, on 25 behalf of Senator Valesky, I wish to call up

Candyco Transcription Service, Inc. 1 Senate Bill Number 5722, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will read the title of the bill. 5 THE SECRETARY: Calendar Number 6 169, by Senator Valesky, Senate Print 5722, an 7 act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is restored to the Third Reading 20 Calendar. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 now offer the following amendments. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Amendments received.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, I 3 wish to call up my bill, Print Number 2490D, 4 recalled from the Assembly, which is now at 5 the desk. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The Secretary will read the title of the bill. 8 THE SECRETARY: Calendar Number 9 74, by Senator Klein, Senate Print 2490D, an 10 act to amend the Correction Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 now move to reconsider the vote by which this 15 bill was passed. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is restored to the Third Reading 23 Calendar. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 now offer the following amendments. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Amendments received. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 can you please call on Senator Libous, who 7 also has some amendments. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Libous, before you start, I want to 10 congratulate you and thank you for your 11 resolution. 12 And I wish to give President 13 DeFleur a hearty congratulations from the 14 entire Senate body. Congratulations and best 15 wishes. 16 (Standing ovation.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, 20 on behalf of Senator Griffo, Mr. President, on 21 page 30 I offer up the following amendments to 22 Calendar Number 494, Senate Print Number 1989, 23 and ask that said bill retain its place on 24 Third Reading Calendar. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 So ordered. 2 SENATOR LIBOUS: And, 3 Mr. President, on behalf of Senator Leibell, 4 on page 28, I offer up the following 5 amendments to Calendar Number 468, Senate 6 Print 7086B, and ask that the said bill retain 7 its place on the Third Reading Calendar. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 So ordered. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you, Senator. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 331, by Senator Foley, Senate Print 4988, an 22 act to amend the Labor Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 379, by Senator Parker, Senate Print 6079A, an 12 act to amend the Penal Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: Yes, I just 23 want to explain my vote. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator DeFrancisco, to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Basically, 2 what this bill does is add sanitation 3 enforcement agents as victims of an assault 4 which would raise the level of assault from a 5 regular assault in the third degree to a 6 Class C violent felony offense. 7 I've spoken against bills like this 8 and different types of bills which keep 9 elevating the crime seriousness based upon who 10 the victim is. And quite frankly, the reason 11 I'm voting no on this one is I don't quite see 12 that a sanitation enforcement agent is in the 13 same category as a police officer, a fireman 14 or emergency medical technician. 15 And quite frankly, I don't think 16 it's any different of a situation than a 17 housing code inspector, a building inspector, 18 codes enforcement officer, health inspectors. 19 None of those would be elevated under this 20 bill. 21 So once again, in my judgment, it's 22 one of those bills that we take a special 23 class of people -- for whatever reason, but 24 not based upon logic -- and make offenses 25 against them more serious than if the victim

Candyco Transcription Service, Inc. 1 happened to be someone else. And I'm going to 2 vote no. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator DeFrancisco to be recorded in the 5 negative. 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 379 are 9 Senators DeFrancisco, Larkin, Little, 10 Montgomery and Ranzenhofer. 11 Ayes, 53. Nays, 5. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 416, by Member -- 16 SENATOR KLEIN: Lay the bill 17 aside for the day, please. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 466, by Member of the Assembly Schimel, 22 Assembly Print Number 9992, an act to 23 authorize the Village of Plandome Heights. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 There is a home-rule message at the desk.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 57. Nays, 10 1. Senator Lanza recorded in the negative. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 504, by Member of the Assembly Schimel, 15 Assembly Print Number 6249B, an act to amend 16 the Town Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 58. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 529, by Member of the Assembly Hyer-Spencer, 6 Assembly Print Number 8540, an act to amend 7 the Election Law. 8 SENATOR LIBOUS: Lay it aside, 9 please. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is laid aside. 12 Senator Klein, that completes the 13 reading of the noncontroversial calendar. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 controversial calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will ring the bell. 20 Members are all asked to come to 21 the chamber for a reading of the controversial 22 calendar. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 529, by Member of the Assembly Hyer-Spencer,

Candyco Transcription Service, Inc. 1 Assembly Print Number 8540, an act to amend 2 the Election Law. 3 SENATOR LIBOUS: Mr. President, 4 can I have an explanation, please. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Addabbo, an explanation has been 7 requested by Senator Libous. 8 SENATOR ADDABBO: Yes, 9 Mr. President. 10 With the upcoming requirements of 11 the HAVA that we have to basically comply 12 with, with the change of era of new machines 13 that we'll be voting on this year, the Board 14 of Elections and its workers and its 15 administration has a more keen understanding 16 of what those requirements are. 17 So this bill basically changes a 18 word, that if the New York City administration 19 does not procure or purchase any instrument or 20 equipment used for complying with the HAVA 21 requirements, that the Board of Elections may 22 procure that, with the same rules and 23 regulations and the same regulations and under 24 the same guidance that the New York City 25 administration would have to do.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Are there any other Senators wishing to be 3 heard on the bill? 4 SENATOR LIBOUS: Explanation 5 satisfactory, Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Explanation satisfactory, Senator. 8 Hearing none, the debate is closed. 9 The Secretary will please ring the bells. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 SENATOR PADAVAN: Mr. President, 17 I'd like to explain my vote, if I may. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Padavan, to explain his vote. 20 SENATOR PADAVAN: Thank you, 21 Mr. President. 22 I have in front of me a rather 23 expansive and comprehensive memo from the City 24 of New York in opposition to the bill. And 25 the gist of it is that by allowing the Board

Candyco Transcription Service, Inc. 1 of Elections to go outside the normal 2 procurement procedures through the city's 3 Office of Administrative Services, where bulk 4 purchases of all kinds of supplies are made 5 and done so at the lowest possible cost, that 6 that will invariably increase the cost for 7 these services and supplies. The burden of 8 that would have to be picked up by the City of 9 New York. 10 And particularly in this time when 11 the city is looking at a budget projecting all 12 kinds of reductions -- as a result of what's 13 not happening here in Albany and for other 14 reasons -- it seems inappropriate and unwise 15 to be passing a bill that will cost the city 16 more money than it would otherwise have to 17 expend. That seems to be the wrong thing to 18 do at the wrong time. 19 I vote no. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Padavan to be recorded in the 22 negative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 529 are

Candyco Transcription Service, Inc. 1 Senators Alesi, Bonacic, DeFrancisco, Farley, 2 Fuschillo, Golden, Griffo, Hannon, Lanza, 3 Larkin, LaValle, Libous, Little, Marcellino, 4 Maziarz, McDonald, Nozzolio, Padavan, 5 Ranzenhofer, Robach, Saland, Seward, Skelos, 6 Volker, Winner and Young. 7 Ayes, 32. Nays, 26. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 Senator Klein, that completes the 11 reading of the controversial calendar. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 can we please stand at ease. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Senate will stand at ease. 17 (Whereupon, the Senate stood at 18 ease at 5:08 p.m.) 19 ACTING PRESIDENT ADAMS: Senator 20 Libous. 21 SENATOR LIBOUS: Senator Adams, 22 it's good to see you up there, sir. 23 ACTING PRESIDENT ADAMS: Thank 24 you very much. 25 SENATOR DeFRANCISCO: Point of

Candyco Transcription Service, Inc. 1 order. 2 (Laughter.) 3 SENATOR LIBOUS: Mr. President, 4 if I could please call an immediate and quick 5 Republican conference. 6 ACTING PRESIDENT ADAMS: There 7 will be an immediate and quick conference in 8 the Minority Conference Room. 9 SENATOR LIBOUS: Thank you very 10 much. 11 ACTING PRESIDENT ADAMS: Thank 12 you, Senator Libous. 13 The Senate will stand at ease. 14 (Whereupon, the Senate continued to 15 stand at ease.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, 19 there will be an immediate meeting of the 20 Finance Committee, followed by a meeting of 21 the Rules Committee in the Majority Conference 22 Room. 23 Pending the return of the Rules 24 Committee, may we please stand at ease. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 There will be an immediate meeting of the 2 Finance Committee, followed by an immediate 3 meeting of the Rules Committee in Room 332. 4 Pending the return of the Rules 5 Committee, the Senate will continue to stand 6 at ease. 7 (Whereupon, the Senate reconvened 8 at 7:06 p.m.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 believe there's a Rules Committee report at 13 the desk. I move that we adopt the report at 14 this time. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 There is a report of the Rules Committee at 17 the desk. 18 I will ask the Secretary to read. 19 THE SECRETARY: Senator Smith, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 7925, by the Senate 23 Committee on Rules, an act to amend 24 Chapter 405 of the Laws of 1999; 25 And Senate Print 7932, by the

Candyco Transcription Service, Inc. 1 Senate Committee on Rules, an act making 2 appropriations for the support of government. 3 Both bills ordered direct to third 4 reading. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 All those in favor of adopting the Rules 7 Committee report please signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Rules Committee report is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 supplemental calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 We will now go to a reading of the 20 noncontroversial supplemental calendar. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 608, by the Senate Committee on Rules, Senate 24 Print 7925, an act to amend Chapter 405 of the 25 Laws of 1999 amending the Real Property Tax

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, is 5 there a message of necessity at the desk? 6 ACTING PRESIDENT CRAIG JOHNSON: 7 There is a message of necessity at the desk. 8 SENATOR KLEIN: Mr. President, I 9 move to accept the message of necessity at 10 this time. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The question is on the acceptance of the 13 message of necessity. All those in favor 14 please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Opposed, nay. 18 (Response of "Nay.") 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The message is accepted. 21 Read the last section. 22 SENATOR LIBOUS: Lay the bill 23 aside. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is laid aside.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 619, by the Senate Committee on Rules, Senate 5 Print 7932, an act making appropriations for 6 the support of government. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, is 10 there a message of necessity and appropriation 11 at the desk? 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Klein, there is a message of necessity 14 and appropriation at the desk. 15 SENATOR KLEIN: Mr. President, I 16 move to accept the message at this time. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The question is on the acceptance of the 19 message of necessity and appropriation. All 20 those in favor please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Opposed, nay. 24 (Response of "Nay.") 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The message is accepted. 2 Read the last section. 3 SENATOR LIBOUS: Lay the bill 4 aside. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is laid aside. 7 Senator Klein, that completes the 8 reading of the noncontroversial supplemental 9 calendar. 10 SENATOR KLEIN: Mr. President, 11 can we please go to a reading of the 12 controversial supplemental calendar. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will ring the bell. 15 All members are asked to come to 16 the chamber for a reading of the controversial 17 supplemental calendar. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 608, by the Senate Committee on Rules, Senate 21 Print 7925, an act to amend Chapter 405 of the 22 Laws of 1999. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Libous, why do you rise? 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 Mr. President, there are two 3 amendments at the desk. I would ask that you 4 waive their reading and first call on Senator 5 George Maziarz, please. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Libous, the two amendments are here at 8 the desk. Without objection, the reading of 9 both amendments is waived, and I will 10 recognize Senator Maziarz to speak on the 11 first amendment. 12 Senator Maziarz. 13 SENATOR MAZIARZ: Thank you very 14 much, Mr. President. I appreciate this 15 opportunity. 16 Mr. President, this amendment would 17 provide for a transfer, if you will, of 18 $6 million from the $65 million sweep of the 19 New York State Power Authority that's included 20 in the extender bill. 21 Now, when you are taking 22 $65 million, sweeping it from the New York 23 State Power Authority, you are really taking 24 it from St. Lawrence and Niagara. And I was 25 told I have to be kinder in some of my

Candyco Transcription Service, Inc. 1 descriptions of when you're taking money from 2 the New York State Power Authority, from 3 Niagara and St. Lawrence. 4 But, Mr. President, what this 5 amendment would do, it would take, instead, 6 $59 million and take $6 million of it and use 7 that money to keep state parks open across the 8 state. I think it's vitally important. 9 Today is actually Victoria Day in 10 Canada, and thousands of Canadian tourists are 11 visiting New York State across the border -- 12 mostly, I think, from the Toronto and southern 13 Ontario area into the Niagara region -- and 14 they are seeing parks where the grass has not 15 been cut in weeks, if at all this year so far. 16 So clearly, Mr. President, if money 17 is being taken particularly from Niagara and 18 St. Lawrence, I think that we could, instead 19 of taking $65 million and putting it into the 20 General Fund, we could take $59 million for 21 what the Governor's intended purpose is and 22 $6 million to keep our very important parks 23 open. 24 Everyone in here is -- we've passed 25 a resolution, I've seen press releases,

Candyco Transcription Service, Inc. 1 letters ad nauseam saying about how everyone 2 wanted to keep parks open. You vote yes on 3 this amendment, and you're keeping parks open. 4 Jones Beach to Niagara Falls, let's keep them 5 open. 6 Thank you, Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Thank you very much, Senator Maziarz. 9 The question is on the nonsponsor 10 motion to amend Calendar Number 608. Those 11 Senators voting in support of the nonsponsor 12 amendment, please raise your hand. 13 Announce the results. 14 THE SECRETARY: Ayes, 26. Nays, 15 27. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The motion fails. 18 Senator Libous. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 I believe there's another amendment 22 at the desk. I ask that you would waive the 23 reading of the amendment and call on Senator 24 James Alesi. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Libous, your amendment is here at the 2 desk. Without objection, the reading is 3 waived, and I will call upon Senator James 4 Alesi to speak on the amendment. 5 Senator Alesi. 6 SENATOR ALESI: Thank you, 7 Mr. President. By the way, it's Jim on the 8 ballot, but that's beside the point. 9 I would like to offer this 10 amendment. As I notice, we've had the 11 opportunity to see this emergency spending 12 bill introduced today with an unexpected 13 change that relates directly to jobs and to 14 some extent job creation as that relates to 15 the racing industry. This amendment deals on 16 a broader scale with job creation, which as we 17 all know is vitally important in New York 18 State, to some extent even more important in 19 upstate. 20 This jobs creation tax credit would 21 allow for any employers who create a new job 22 to take up to a $5,000 tax credit for each job 23 created. And if someone is taken off of the 24 unemployment rolls and given a new job, then 25 there would be an additional $3,000 tax credit

Candyco Transcription Service, Inc. 1 for that as well. 2 And although it might sound 3 expensive, the point of this whole thing is 4 that it's cost-neutral to the state because 5 instead of paying the withholding tax, the 6 credits would be paid for with the money that 7 goes towards the new jobs. Obviously. If no 8 new jobs are created, there's no withholding 9 tax paid. 10 So I'd ask my colleagues to 11 consider this, especially in light of the fact 12 that I'm delighted to see that Andrew Cuomo 13 has adopted something that looks fairly 14 similar to this proposal, part of which we 15 came up with in January, that does almost 16 exactly the same thing. It's a jobs tax 17 credit, helps to create jobs, it's good for 18 New York, and I think it would do well for all 19 of us to embrace this amendment. 20 Thank you, Mr. President. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Thank you. 23 The question is on the nonsponsor 24 motion to amend Calendar Number 608. Those 25 Senators voting in support of the nonsponsor

Candyco Transcription Service, Inc. 1 amendment please raise your hands. 2 Announce the results. 3 THE SECRETARY: Ayes, 26. Nays, 4 30. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The motion fails. 7 The bill is before the house. 8 Read the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Padavan, on the bill. 13 SENATOR PADAVAN: Thank you. I'd 14 like to speak on the bill; very briefly, 15 though. 16 I happen to be one of the original 17 sponsor of the Loft Law. And for those of you 18 who were around then and those of you who've 19 been around since, it's been extended over a 20 period of years. I can say without any fear 21 of contradiction that it was a very positive 22 initiative. It has helped many people in 23 terms of their housing accommodations. It has 24 helped maintain various communities around the 25 City of New York, particularly in Lower

Candyco Transcription Service, Inc. 1 Manhattan and parts of Brooklyn. And all in 2 all, it was a wise thing to do. 3 However, in the same bill we did 4 something very unwise, and that something is 5 called Quick Draw, created by this Legislature 6 and this state, which has produced a great 7 deal of harm to many people, individuals and 8 families, as it is part of that continuum of 9 gambling opportunities that we have generated 10 as a state government over a period of 11 decades. 12 My real annoyance -- that's the 13 best way to put it -- is that these two things 14 are lumped together. There's absolutely no 15 connection. But they're put in the bill and 16 have been on various other occasions, so that 17 those who are for one and against the other 18 will be caught in that bind and have to vote 19 in a way that will get the bill passed. 20 The loft bill would pass on its 21 own, in my view. Quick Draw may not. This is 22 disingenuous, to say the least. I think when 23 the general public looks at us as we're doing 24 this sort of thing, it says: Why can't they 25 deal with the issue on its own merits? Why do

Candyco Transcription Service, Inc. 1 they have to resort to blackmail? And that's 2 really what it is. If you want one thing, you 3 have to take the other. 4 And so that's why I'll be voting 5 no, Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Thank you very much. Senator Padavan to be 8 recorded as a no. 9 Anybody else wishing to speak on 10 the bill? Hearing none, the debate is closed. 11 The Secretary will ring the bells. 12 Read the last section. 13 THE SECRETARY: Section 6. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator DeFrancisco, to explain his vote. 20 SENATOR DeFRANCISCO: Yes, I was 21 looking at the message of necessity on this 22 bill, and it basically said this bill is 23 necessary to assist the state in meeting its 24 fiscal obligations and to extend certain 25 statutes that would otherwise expire.

Candyco Transcription Service, Inc. 1 It is amazing to me, after all of 2 the press and all of the discussions and all 3 of the support for the parks to remain open as 4 we're approaching a Memorial Day holiday and 5 the summer season -- that that isn't necessary 6 to put in this bill is just incomprehensible. 7 And to me, it's as necessary as 8 sweeping $65 million from NYPA. It's as 9 necessary as everything else in this bill. As 10 far as I'm concerned, it's more necessary than 11 the loft tenants -- I'm sorry, Senator 12 Padavan, but for the people in my district 13 it's more necessary. 14 So I'm going to vote against this 15 bill for many reasons, but the most 16 disappointing of which is that it does not 17 include reopening of the parks, because 18 there's money here that could have been used 19 for it, as Senator Maziarz said. 20 So I vote no. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator DeFrancisco to vote in the negative. 23 Senator Maziarz, to explain his 24 vote. 25 SENATOR MAZIARZ: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President, to explain my vote. 2 I too am going to be voting in the 3 negative. You know, it started last year when 4 we stole $550 million from Niagara and 5 St. Lawrence, and now we're taking 6 $65 million. We're taking the future, we're 7 taking employment opportunities away from 8 Western New York. 9 Twenty-two percent of the homes in 10 the City of Niagara Falls are abandoned -- 11 they're not vacant, they're not for sale, 12 they're abandoned. Ninety percent of the kids 13 in three elementary schools in the City of 14 Niagara Falls live below the poverty level 15 because their parents don't have jobs, and 16 it's the fault of the New York Power 17 Authority. 18 That $65 million should be going to 19 create jobs in Western New York and in the 20 North Country. I vote in the negative, 21 Mr. President. 22 Thank you. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Maziarz to vote in the negative. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 608 are 3 Senators Alesi, Bonacic, DeFrancisco, Farley, 4 Fuschillo, Griffo, Hannon, Larkin, LaValle, 5 Libous, Little, Marcellino, Maziarz, McDonald, 6 Nozzolio, Padavan, Ranzenhofer, Robach, 7 Saland, Seward, Skelos, Volker, Winner and 8 Young. 9 Ayes, 34. Nays, 24. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 619, by the Senate Committee on Rules, Senate 16 Print 7932, an act making appropriations for 17 the support of government. 18 SENATOR DeFRANCISCO: 19 Explanation, please. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Kruger, an explanation has been 22 requested by Senator DeFrancisco. 23 SENATOR CARL KRUGER: Surprise. 24 This bill, our eighth emergency 25 appropriation bill, provides for $5.6 billion

Candyco Transcription Service, Inc. 1 in All Funds appropriations and $2.09 billion 2 in General Fund appropriations. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator DeFrancisco, why do you rise? 5 SENATOR DeFRANCISCO: Would 6 Senator Kruger yield to a question or two? 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Kruger, will you yield to a question? 9 SENATOR CARL KRUGER: Absolutely. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator DeFrancisco, Senator Kruger will 12 yield. 13 SENATOR DeFRANCISCO: Senator 14 Kruger, this morning when I came in the office 15 I read an emergency extender bill that was 16 different than this emergency extender bill. 17 And it's my understanding from the Finance 18 Committee meeting that this is different 19 because it has some language concerning 20 borrowing for NYRA, $25 million. Is that 21 correct? 22 SENATOR CARL KRUGER: Yes, it is. 23 SENATOR DeFRANCISCO: All right. 24 So would Senator Kruger continue to yield. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Kruger, do you continue to yield? 2 SENATOR CARL KRUGER: Let me -- 3 let me -- perhaps, for a bit of an 4 explanation. 5 Section 15 of the bill authorizes 6 the state to provide a $25 million loan to 7 NYRA for expenses at Aqueduct, Belmont and the 8 Saratoga racetracks. The loan will be repaid; 9 at the earliest, in the end of the fiscal 10 year, or within 90 days of a signing of a 11 memorandum of understanding with the 12 designated operator of the video lottery 13 terminals at Aqueduct. 14 If NYRA does not repay the loan, 15 the Division of the Lottery would intercept 16 any vendor fees in order to satisfy the money 17 due. 18 This section also reduces the 19 appropriation for the bonding in association 20 with the creation of a VLT facility at 21 Aqueduct. 22 SENATOR DeFRANCISCO: Would 23 Senator Kruger continue to yield? 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Kruger, will you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, I do. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: This is an 5 interest-free loan; correct? 6 SENATOR CARL KRUGER: Yes, it is. 7 SENATOR DeFRANCISCO: Would 8 Senator Kruger continue to yield. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Kruger, will you continue to yield? 11 SENATOR CARL KRUGER: Yes. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Yes, he will. 14 SENATOR DeFRANCISCO: So, Senator 15 Kruger, when in prior weeks you accused those 16 of us who were voting no on an extender that 17 it would stop government, government did pause 18 for a while while you added something else 19 into an extender by further negotiations 20 today. Is that not correct? 21 SENATOR CARL KRUGER: No. No. 22 SENATOR DeFRANCISCO: No? 23 SENATOR CARL KRUGER: It's not 24 correct. 25 SENATOR DeFRANCISCO: Would

Candyco Transcription Service, Inc. 1 Senator Kruger continue to yield. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Kruger, will you continue to yield? 4 SENATOR CARL KRUGER: Yes. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Kruger will yield. 7 SENATOR DeFRANCISCO: So how did 8 the change from the original extender to the 9 second extender that we're now voting on, how 10 did that occur? 11 SENATOR CARL KRUGER: By action 12 of the Governor. Through you, Mr. President. 13 SENATOR DeFRANCISCO: Would 14 Senator Kruger continue to yield. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Kruger, will you yield? 17 SENATOR CARL KRUGER: Yes, I do. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Kruger will yield. 20 SENATOR DeFRANCISCO: Were there 21 any negotiations between the staffs of the 22 Senate and the Assembly and the Governor 23 before this extender bill was presented to us, 24 this modified extender bill? 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Mr. President, this was a five-way 2 agreement on this addendum to the existing 3 appropriation bill. 4 SENATOR DeFRANCISCO: Would 5 Senator Kruger continue to yield. 6 SENATOR CARL KRUGER: Yes, I do. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Kruger will yield. 9 SENATOR DeFRANCISCO: So by a 10 process called negotiations, there was a 11 five-way agreement that changed the extender 12 that originally was on our desks earlier this 13 morning; is that fair to say? 14 SENATOR CARL KRUGER: You could 15 say that, yes. Through you, Mr. President. 16 SENATOR DeFRANCISCO: Now, 17 Senator Kruger, would you continue to yield? 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Kruger, will you continue to yield? 20 SENATOR CARL KRUGER: Yes, I do. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Kruger will yield. 23 SENATOR DeFRANCISCO: So is it 24 fair to say that if there was a will to have 25 five-way negotiations at this point in time,

Candyco Transcription Service, Inc. 1 there could be other changes to this extender, 2 including keeping the parks open, for just an 3 example? 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Kruger. 6 SENATOR CARL KRUGER: Where 7 there's a will, there's a way. 8 SENATOR DeFRANCISCO: Would 9 Senator Kruger continue to yield. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Kruger, will you continue to yield? 12 SENATOR CARL KRUGER: Yes, I do. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 He will yield. 15 SENATOR DeFRANCISCO: Well, 16 there's a will on this side of the aisle. And 17 my question is, Senator Kruger, is there a way 18 on your side of the aisle, since you control 19 the Senate, to modify this further today and 20 wait a couple more hours so that we can keep 21 the parks open starting Memorial Day and 22 through the summer? 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Kruger. 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Mr. President. Firstly, tomorrow is 2 another day, and another day might mean and 3 does mean more negotiations. As you're aware, 4 there is going to be a five-way leaders' 5 meeting tomorrow at 10:00 a.m that I know 6 you're going to be participating in. 7 SENATOR DeFRANCISCO: Thank you, 8 Senator Kruger. Would Senator Kruger yield 9 again? 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Kruger, will you yield? 12 SENATOR CARL KRUGER: Yes, I do. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Kruger yields. 15 SENATOR DeFRANCISCO: Speaking of 16 the five-way leaders' meetings, one happened 17 last Tuesday; is that correct? Or was it 18 Wednesday? I lose track of time. Last week, 19 anyway. 20 SENATOR CARL KRUGER: Last 21 Tuesday, I believe. 22 SENATOR DeFRANCISCO: Okay. That 23 being the case, can you tell me what leaders' 24 meetings -- I mean between the leaders, not 25 between staff -- occurred since last week's

Candyco Transcription Service, Inc. 1 public meeting till presently, till today? 2 SENATOR CARL KRUGER: Through 3 you, Mr. President, none that I'm aware of. 4 SENATOR DeFRANCISCO: Okay. 5 Would Senator Kruger continue to yield? 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Kruger, will you yield? 8 SENATOR CARL KRUGER: Yes, I do, 9 Mr. President. 10 SENATOR DeFRANCISCO: I know you 11 were at that public meeting, as was I. And I 12 recall specifically the Governor asking the 13 two leaders, the Majority Leader and the 14 Speaker, to get together to start the public 15 conference committee meetings. Did that 16 happen? 17 SENATOR CARL KRUGER: Through 18 you, Mr. President. If my memory serves me 19 correctly, he said try to get together to put 20 together conference committees, yes. And 21 through you, Mr. President, we did announce 22 ours. 23 SENATOR DeFRANCISCO: Okay. 24 Senator Kruger, would he continue to yield? 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Kruger, will you yield? 2 SENATOR CARL KRUGER: Yes, I do. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 He will yield. 5 SENATOR DeFRANCISCO: Did they 6 try, did the two leaders try? Did they call 7 each other and say "Let's start the public 8 committee process"? 9 I know you mentioned Senator 10 Sampson announced some committee membership, 11 some committee memberships for the Majority, 12 which was only about 124 days after the 13 Governor presented his budget. A little bit 14 late, but he did it. And thank God he at 15 least moved, although it's a little slow, but 16 he moved. At our urging, I would suggest. 17 But in any event, did they try? 18 Did they call each other? Did Senator Sampson 19 call the Speaker, or vice versa, to try to set 20 up the public conference committees? 21 SENATOR CARL KRUGER: Through 22 you, Mr. President. I don't know. 23 SENATOR DeFRANCISCO: All right. 24 Would Senator Kruger continue to yield? 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Kruger, will you continue to yield? 2 SENATOR CARL KRUGER: Yes. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Kruger yields. 5 SENATOR DeFRANCISCO: Could you 6 tell me what the schedule for the conference 7 committees is at this point in time? Do we 8 have a schedule yet now that we're -- let's 9 see, let me get the right number here -- 124 10 days since the Governor submitted his budget? 11 SENATOR CARL KRUGER: Through 12 you, Mr. President, yes, we have a schedule. 13 Tomorrow at 10:00 a.m. we are going to be in a 14 five-way meeting, a leadership meeting. 15 SENATOR DeFRANCISCO: Senator 16 Kruger, would he continue to yield? 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Would you continue to yield, Senator Kruger? 19 SENATOR CARL KRUGER: Yes, I do. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Kruger yields. 22 SENATOR DeFRANCISCO: At this 23 point in time are we going to have an 24 announcement tomorrow as to a calendar for the 25 rank and file, the people that are sitting on

Candyco Transcription Service, Inc. 1 this floor, to participate in public 2 conference committees? 3 SENATOR CARL KRUGER: Through 4 you, Mr. President, I would suspect that 5 before that happens, the Assembly has to make 6 their appointments. No. 7 SENATOR DeFRANCISCO: Senator 8 Kruger, one last question. The -- 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Do you wish him to yield for one last 11 question? 12 SENATOR DeFRANCISCO: Would he 13 please yield. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Kruger, will you yield for one last 16 question? 17 SENATOR CARL KRUGER: Yes, I do. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 He will yield for one last question. 20 SENATOR DeFRANCISCO: The 21 Governor proposed a budget, and we've been 22 passing extenders -- this will be the eighth 23 week in a row I assume that it will pass. Can 24 you tell me how much more we're spending on a 25 weekly basis now than the Governor's budget

Candyco Transcription Service, Inc. 1 would have called for? 2 SENATOR CARL KRUGER: Through you 3 Mr. President. Nothing. 4 SENATOR DeFRANCISCO: Okay. 5 Thank you, Senator Kruger. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Thank you very much, Senator DeFrancisco. 8 Senator Kruger, you still have the 9 floor. 10 SENATOR DeFRANCISCO: I'd like to 11 speak when he's done speaking. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator DeFrancisco, on the bill. 14 SENATOR DeFRANCISCO: Okay. I 15 would just like to point out a couple of 16 things that some of my questions I think kind 17 of suggested, but I think it's important to 18 say this for the eighth week in a row. 19 We're 54 days late now in passing a 20 budget. It's been 124 days since the Governor 21 proposed his budget. Ten days after the 22 Governor proposed it, we're supposed to have a 23 conference committee schedule, membership and 24 so forth. We've been begging for open 25 conference committees since this budget

Candyco Transcription Service, Inc. 1 extender process started and even before that. 2 And at our urging, last week I 3 asked Senator Kruger would you please ask 4 Senator Sampson if he would try to get the 5 membership appointed, get the meetings going. 6 Well, Senator Kruger said time would tell. 7 Well, the Governor was even urging 8 that last week to get the two leaders together 9 to schedule -- he didn't say try to schedule. 10 The clear implication was to schedule public 11 meetings. The Governor thought that that was 12 a good idea, maybe something productive would 13 happen. 14 Instead, despite this public 15 display that was called a leaders meeting, 16 still nothing has happened. Senator Sampson 17 has provided names of some membership. 18 Senator Skelos followed suit. Nothing from 19 the Assembly. No schedule. No meetings to 20 try to set the parameters of discussions 21 publicly. In other words, nothing has 22 happened. 23 And last week I was criticized for 24 using a word that one of the Democrat Senators 25 used as far as what the rank and file is doing

Candyco Transcription Service, Inc. 1 here, or how they're acting, but I changed 2 that word to "enabling." We're simply 3 enabling -- at least the majority party is 4 enabling the leadership not to do anything. 5 To do nothing. 6 I mean, how long do we continue 7 doing this? How long does the majority party, 8 not some of the majority members come over and 9 say enough is enough, we've got to participate 10 in a process? How do you go back to your 11 constituents each week when they say "How is 12 the budget coming?" What, do you laugh and 13 say "Well, it's coming, we're doing the best 14 we can," or do you get embarrassed a little 15 bit? I know I get terribly embarrassed trying 16 to explain what's unexplainable. 17 And at some point, since we all 18 took the oath to follow the laws of the State 19 of New York, including the laws we passed, the 20 reform law of 2007, how can the majority party 21 continue to ignore it? I just don't get it. 22 And I know it's becoming repetitious, but I 23 don't know what else to say to describe this 24 situation that goes on and on and on. 25 Now, today the extender bill was

Candyco Transcription Service, Inc. 1 sweetened a little bit with some provisions 2 for NYRA, because NYRA, it's essential for the 3 economy of this region here that this 4 horse-racing profession and the whole industry 5 can open. So right down to the last minute, 6 after scaring the living daylights out of the 7 whole horse industry, the racing industry, all 8 of a sudden, boom, the magic $25 million 9 appears. 10 Is that a way to run a government? 11 People whose jobs rely on that industry, you 12 wait until the very last minute? Are we going 13 to wait till May 30th to have another section 14 of an extender that would include the parks? 15 So scare the living daylights out of the whole 16 state, open the parks at the last minute, is 17 that the way you do business in this state? 18 That doesn't show leadership. That shows that 19 you're enabling leaders not to do their job. 20 A message of necessity means 21 something is necessary. That's why it's being 22 done this way. Well, a budget was necessary 23 54 days ago. And we're still not even -- we 24 still haven't even started the process. I can 25 imagine what tomorrow's leaders meeting is

Candyco Transcription Service, Inc. 1 going to be. More posturing, more platitudes, 2 more pointing fingers at who's to blame. 3 Asking the minority to present their financial 4 plan, that was my favorite. The minority, 5 where's your financial plan? When Sheldon 6 Silver would not say whether he would 7 participate in open conference meetings. 8 How many times, how many times has 9 the minority, when the minority was a Democrat 10 one, how many times did they propose a 11 financial plan for the State of New York? Not 12 in the 16 years I was in the majority here. 13 It was -- just nonsensical stuff was being 14 said. And no commitment to do these meetings, 15 when he as well as all the leaders touted this 16 2007 reform bill as just a landmark in 17 legislation for the State of New York. 18 Well, ladies and gentlemen, I'm 19 going to continue to vote no. One of these 20 days maybe we will understand that by voting 21 no, that doesn't mean government stops. You 22 know, people can continue to negotiate, as 23 they did today on NYRA. You can continue to 24 negotiate, you've got another week to 25 negotiate before we go through this nonsense

Candyco Transcription Service, Inc. 1 again next week. 2 So at some point in time I'm 3 waiting for somebody on the majority party 4 side to stand up and say, "That's it, I'm 5 voting no." Or, at the very least, "I'm 6 putting this body on notice that next week 7 when we are handed an extender, I intend to 8 vote no." That will give you a week to get 9 this process going and hopefully a budget 10 completed so we're not holding the residents 11 of the State of New York hostage until the 12 last minute on various special items. 13 So I'm going to vote no on this 14 budget extender. Thank you. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator DeFrancisco will be recorded in the 17 negative. 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, I 20 have kind of a point of order. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Libous, what is your point of order? 23 SENATOR LIBOUS: Procedural. 24 During the debate between Senator DeFrancisco 25 and Senator Kruger, how was the time

Candyco Transcription Service, Inc. 1 allocated? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Libous, Senator Kruger had the floor 4 for purposes of providing the explanation on 5 the bill. 6 No time was charged to Senator 7 DeFrancisco for purposes of the Senate debate 8 until he rose and gave his statement on the 9 bill. 10 SENATOR LIBOUS: So as he was 11 asking Senator Kruger questions, he was not 12 being charged. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 That is correct. Senator Kruger was yielding 15 his time to Senator DeFrancisco. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. That's very clear now, and I 18 understand it. Thank you. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Thank you, Senator Libous. 21 Senator Marcellino. 22 SENATOR MARCELLINO: Thank you, 23 Mr. President. Will Senator Kruger please 24 yield for just one question? 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Kruger, Senator Marcellino is asking 2 you to yield for just one question. 3 SENATOR CARL KRUGER: Yes. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Marcellino. 6 SENATOR MARCELLINO: Senator, 7 we've now had eight weeks of extenders. As 8 was said earlier, 54 days late, a budget. 9 Eighteen weeks since the Governor has 10 presented his budget. It's my understanding, 11 if I remember correctly, the Governor's budget 12 was about $136 billion. How much of that 13 budget have we spent in these extenders that 14 we've been doing? 15 SENATOR CARL KRUGER: Through 16 you, Mr. President, I don't have those numbers 17 immediately available, but I certainly will 18 get them to you. 19 SENATOR MARCELLINO: I appreciate 20 that. Thank you. 21 On the bill, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Marcellino, on the bill. Senator 24 Marcellino. 25 SENATOR MARCELLINO: I have voted

Candyco Transcription Service, Inc. 1 against each and every one of these extenders 2 since the beginning, because it's my belief 3 and my contention that we don't need an 4 extender, we need a budget. We need a real 5 budget. That's what the public wants, that's 6 what the public needs, that's what the public 7 is entitled to. They're entitled to an 8 on-time budget that is both balanced and fair. 9 We know this is going to be a 10 difficult year. We know there's going to have 11 to be some pain. We know that we're in a 12 deficit situation, which is not all of our 13 doing -- some of it is, some of it isn't. But 14 we certainly are paying a price for it. So is 15 the whole world, so is the whole nation. I 16 understand all that. 17 But it's time we resolve our 18 particular little corner of the world. We 19 cannot keep on postponing the inevitable. 20 Sooner or later we're going to have to make a 21 decision. Sooner or later we're going to have 22 to sit down and make some painful decisions. 23 The majority is going to have to come up with 24 a spending plan, and then we're going to 25 negotiate it in the conference committees that

Candyco Transcription Service, Inc. 1 have been set up. We're waiting for the other 2 house to set up their conference committees. 3 Then we'll sit down and begin true 4 negotiations. 5 I have voted for extenders in the 6 past. But when we were doing that, we were 7 not in extreme deficit, there was money to be 8 given out, there was money to talk about. 9 Negotiations were ongoing, and the extenders 10 were necessary to carry us through while 11 negotiations were ongoing. 12 I'm voting against these extenders 13 because, as you just heard, in the colloquy 14 between Senator Kruger and Senator 15 DeFrancisco, there is no negotiations. There 16 have been no negotiations going on. That 17 means eight weeks, 54 days, and 8 extenders in 18 18 weeks of time since the Governor submitted 19 his budget. Time wasted. Instead, we have a 20 bill that we just went through where sweeps 21 were taken to pay certain bills. Stealing 22 money from one package, from one program, to 23 pay for another program. 24 Tomorrow we may be talking about a 25 parks budget out of the EPF. We're going to

Candyco Transcription Service, Inc. 1 take some more money out of the EPF. Not that 2 the Governor hasn't proposed taking a 3 hundred-some-odd million dollars from the EPF 4 already in his original budget -- not that we 5 haven't already swept almost half a billion 6 dollars from the EPF over the years and 7 haven't been repaid back to it. 8 We're now looking to take money 9 from categories to pay to keep parks open. 10 Six more million dollars out of a $136 billion 11 budget, and we're playing games with 12 $6 million. Not even a rounding error. And 13 we don't seem to be able to keep parks open on 14 the Memorial Day weekend for the public when, 15 without borrowing money, the Governor proposes 16 to do an EPF program, all by itself, 17 stand-alone, by sweeping, taking money from 18 one program and another to pay for parks. 19 It's like rearranging the deck 20 chairs on the Titanic, ladies and gentlemen. 21 It's ridiculous. It's not going to do any 22 good. It's not going to do anything. Sooner 23 or later, we're going to have to pay the 24 bills. Sooner or later, we're going to have 25 to pay the piper.

Candyco Transcription Service, Inc. 1 And I would suggest the sooner we 2 do it, the better off we are. The sooner we 3 do what we have to do, the sooner the majority 4 sets the spending plan, as soon as the 5 majority sets the schedule so that we can all 6 sit down and begin serious negotiations and 7 get this budget done, then we can go back to 8 our public, go back to our constituents and 9 say, Ladies and gentlemen, it was tough, it 10 wasn't easy, but this is what we had to do to 11 get this budget done in these most difficult 12 times. 13 Until we do, until there is serious 14 negotiations, and as long as the majority 15 keeps putting forward the Governor's extenders 16 one week at a time, I'm going to keep voting 17 no, as I am on this particular bill, 18 Mr. President. And I thank you. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Marcellino will be recorded in the 21 negative. 22 Senator McDonald. 23 SENATOR McDONALD: On the bill, 24 Mr. President. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator McDonald, on the bill. 2 SENATOR McDONALD: Thank you. 3 It's a very difficult thing we're 4 doing right now, continuing this never-ending 5 turmoil. For months -- many people, for 6 years -- have been talking about my little 7 part of the State of New York. The racing 8 industry, the agricultural industry, the 9 tourist industry and all the aspects that go 10 with it have suffered undue hardship. It 11 wasn't necessary to delay this process this 12 long. A lot of people -- normal people, 13 regular people, working men and women -- have 14 suffered to date. 15 The $25 million that go to the 16 racing industry, an industry that wants to pay 17 taxes, that wants to be a part of this great 18 state, is desperately needed. We're going to 19 get this money if this legislation passes, and 20 I will be voting for this, just like I voted 21 for all those nongermane, out-of-order 22 requests in the past. But this has got the 23 magic blessing. 24 Well, the position that I'm in for 25 all those people in the North Country and

Candyco Transcription Service, Inc. 1 Saratoga County and the Capital Region, we've 2 got to do this. But let nobody kid anybody. 3 We had to do this years ago. This is another 4 industry that because we've ignored it has 5 fallen into disarray. This great state can't 6 keep on doing this. We have got to work 7 together, and we've got to work for the 8 benefit of the average people. 9 So I'm voting for this, for my 10 community desperately needs this. And we have 11 to undo all the public relations for the past 12 couple of weeks and even months that has said 13 the track may not open, that the tourism 14 industry in upstate New York, especially in 15 our region, may not be successful. 16 So now we're going to spend money 17 saying they were wrong, it's going to open at 18 the last minute. We can't continue to do 19 this, and I don't care what industry it is. I 20 don't care what region of the state it is. We 21 can't have proposals that pit one region 22 against another region. It's not right. 23 There is no high-fives today for this bill. 24 It should have been done. It could have been 25 done. Let's move on and do some other things.

Candyco Transcription Service, Inc. 1 And if you care about this 2 wonderful region that I represent, you come 3 visit us and see the people up there and see 4 that they're not ten or twenty times 5 multi-multimillionaires, they're just average 6 people throughout that whole wonderful region. 7 Your kind of people. All of our kind of 8 people. 9 That way you can come up so we 10 don't go through this again next year, so you 11 realize, when you see the small business 12 person, the family structures that are 13 impacted, the agricultural community that is 14 impacted. You're going to like these people. 15 They're going to like you. But they're going 16 to ask you a question: Don't do this again. 17 Don't do it to them again. It's too serious. 18 Thank you. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator McDonald to vote in the affirmative. 21 Senator Farley, on the bill. 22 SENATOR FARLEY: Thank you, on 23 the bill. 24 You know, these extenders enable us 25 to have late budgets. I haven't voted for the

Candyco Transcription Service, Inc. 1 last one, and I don't like them. But I'm 2 going to vote for this. Why? Because the 3 lifeblood of the summer season here in the 4 Capital Region is Saratoga. Millions of 5 dollars in tourist money. Tourist and racing 6 people from all over the United States flood 7 this area. It's very, very important to us. 8 There was a great deal of concern 9 whether the track was even going to be able to 10 open, and consequently this saves it. This 11 also affects the entire racing industry, 12 Belmont and Aqueduct and the life of the 13 racing industry. But it's like so many things 14 that we do. I came in here expecting that 15 keeping the parks open would be in here, as 16 was mentioned earlier, because I don't think 17 I've ever had anything that so many 18 constituents have been concerned about, the 19 parks and historic places. 20 But this is one area that is very, 21 very important to Senator McDonald, to me, and 22 to many of us in the Capital Region. And for 23 that reason, I'm going to vote aye for this 24 extender. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Farley to be voting in the 2 affirmative. 3 Are there any other Senators 4 wishing to be heard on the bill? 5 Hearing none, the debate is closed. 6 The Secretary will please ring the 7 bells. 8 Read the last section. 9 THE SECRETARY: Section 19. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Adams, to explain his vote. 16 SENATOR ADAMS: Yes, thank you, 17 Mr. President. 18 I think this is an important vote. 19 We do all that we can to protect the industry. 20 And the industry is more than just, you know, 21 horses around the track on jockeys. It's more 22 than that. It's the backstretch, it's the 23 countless number of men and women in your 24 district, in Belmont and Aqueduct, and as well 25 as Saratoga.

Candyco Transcription Service, Inc. 1 And a countless number of people 2 from Saratoga stopped up and visited me and 3 talked about the importance of the industry, 4 and I just really want to thank them for 5 emphasizing that there's an entire economic 6 concern around what happens in Saratoga. 7 And I had an opportunity to speak 8 with the county supervisor, Joan Yepsen, and 9 she brought up a contingent and told me how 10 important this is. And I want to commend her 11 for that, and I want to commend all those that 12 understand the importance of this bill. 13 And I believe that we must make 14 sure that OTB also survives, as well as NYRA, 15 as well as all components of the industry. 16 I'm voting aye. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Adams to be voting in the affirmative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 619 are 22 Senators Alesi, Bonacic, DeFrancisco, Golden, 23 Griffo, Hannon, Lanza, Larkin, LaValle, 24 Libous, Little, Marcellino, Nozzolio, Padavan, 25 Ranzenhofer, Saland, Seward, Skelos, Volker,

Candyco Transcription Service, Inc. 1 Winner and Young. Also Senator Robach. 2 Ayes, 36. Nays, 22. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 Senator Klein, that completes the 6 reading of the controversial supplemental 7 calendar. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 can we briefly return to the order of motions 11 and resolutions. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Returning to the order of motions and 14 resolutions. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, on 17 behalf of Senator Duane, on page 15 I offer 18 the following amendments to Calendar Number 19 185, Senate Print Number 1523, and ask that 20 said bill retain its place on Third Reading 21 Calendar. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 So ordered. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, is

Candyco Transcription Service, Inc. 1 there any further business at the desk? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Klein, the desk is clear. 4 SENATOR KLEIN: There being no 5 further business, Mr. President, I move that 6 we adjourn until Tuesday, May 25th, at 7 3:00 p.m. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 There being no further business to come before 10 the Senate, on motion, the Senate stands 11 adjourned until Tuesday, May 25th, at 12 3:00 p.m. 13 (Whereupon, at 8:06 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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