Friday, May 28, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 28, 2010 11 11:38 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR CRAIG M. JOHNSON, Acting President 20 ANGELO J. APONTE, Secretary 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 The Reverend Peter G. Young, of Mother Teresa 11 Community in Albany, will now lead us in 12 prayer. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 We gather in this Senate chamber, 16 on this memorial weekend for those that have 17 served our country, to provide our citizens 18 with freedom of our political process as their 19 legislative leadership. Thomas Jefferson 20 stated that democracy will cease to exist when 21 you take away from those willing to serve and 22 give to those who will not. 23 This weekend we honor those who 24 have served our country, with gratitude for 25 their dedication to protect our liberties.

Candyco Transcription Service, Inc. 1 In New York City, Washington, in 2 his inauguration address as President, placed 3 his hand on the Bible on April 30, 1789, to 4 serve with integrity his nation. 5 Our Senators are called to 6 leadership as Your elected and dedicated 7 public servants. We bless them in Your name 8 so that they can carry out the most important 9 work for all of our New York State citizens. 10 Amen. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The reading of the Journal. 13 The Secretary will read. 14 THE SECRETARY: In Senate, 15 Thursday, May 27, the Senate met pursuant to 16 adjournment. The Journal of Wednesday, 17 May 26, was read and approved. On motion, 18 Senate adjourned. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Without objection, the Journal stands approved 21 as read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

Candyco Transcription Service, Inc. 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 can you please recognize Senator Padavan for a 8 floor motion. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Padavan. 11 SENATOR PADAVAN: Mr. President, 12 I move that the following bill be discharged 13 from its respective committee and be 14 recommitted with instructions to strike the 15 enacting clause: Senate Bill Number 7371. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 So ordered. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, I 20 believe there are substitutions at the desk. 21 I ask that we make the substitutions at this 22 time. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein, there are substitutions at the 25 desk.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: On page 34, 3 Senator Espada moves to discharge, from the 4 Committee on Finance, Assembly Bill Number 5 10705 and substitute it for the identical 6 Senate Bill Number 6842, Third Reading 7 Calendar 626. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Substitution ordered. 10 THE SECRETARY: On page 34, 11 Senator Adams moves to discharge, from the 12 Committee on Finance, Assembly Bill Number 13 8296A and substitute it for the identical 14 Senate Bill Number 7112, Third Reading 15 Calendar 630. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 THE SECRETARY: On page 36, 19 Senator Huntley moves to discharge, from the 20 Committee on Investigations and Government 21 Operations, Assembly Bill Number 10676 and 22 substitute it for the identical Senate Bill 23 Number 7482, Third Reading Calendar 647. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 THE SECRETARY: And on page 36, 2 Senator Hassell-Thompson moves to discharge, 3 from the Committee on Health, Assembly Bill 4 Number 10094B and substitute it for the 5 identical Senate Bill Number 6993B, Third 6 Reading Calendar 649. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 So ordered. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 believe there's a resolution at the desk by 12 Senator Andrea Stewart-Cousins and Senator 13 Breslin. I ask that the resolution be read in 14 its entirety and move for its immediate 15 adoption. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein, has this resolution been deemed 18 privileged and submitted by the office of the 19 Temporary President? 20 SENATOR KLEIN: Yes, it has, 21 Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The Secretary will read. 24 THE SECRETARY: By Senators 25 Stewart-Cousins and Breslin, legislative

Candyco Transcription Service, Inc. 1 resolution mourning the death of Jay 2 Gallagher, longtime Gannett bureau chief, 3 consummate journalist, and true public 4 servant. 5 "WHEREAS, This Legislative Body is 6 moved to publicly mourn the passing of 7 prominent citizens of the State of New York 8 whose purposeful careers and worthy endeavors 9 have contributed to the quality and character 10 of life in their communities; and 11 "WHEREAS, Jay Gallagher, the dean 12 of the legislative correspondents, died on 13 Monday, May 24, 2010, at the age of 63; and 14 "WHEREAS, Born on April 30, 1947, 15 to Joseph and Hazel Bromley Gallagher, in 16 Beverly, Massachusetts, Jay Gallagher grew up 17 in nearby Danvers with his brother, Neil, and 18 his sister, Anne; and 19 "WHEREAS, In high school, Jay was 20 an athlete and an avid Boston-sports-teams 21 fan, particularly the Boston Red Sox. It was 22 in high school that he decided to follow in 23 the footsteps of his father and uncle, who 24 worked as reporters and editors at newspapers 25 in Salem and Lynn, Massachusetts; and

Candyco Transcription Service, Inc. 1 "WHEREAS, While attending Colby 2 College in Maine, Jay Gallagher met the woman 3 who would become his wife for the next 4 40 years, Emily Gallagher. He graduated in 5 1969, and began a legendary career in 6 journalism when he accepted his first 7 reporting job with the Waltham News Tribune in 8 Massachusetts; and 9 "WHEREAS, He then moved on to the 10 Providence Journal in Rhode Island, where he 11 remained until the day he was arrested for his 12 vociferous participation in a work strike 13 while on the picket line, and decided that it 14 was time to leave Rhode Island for New York; 15 and 16 "WHEREAS, After eight years at the 17 Rochester Times-Union, where he was known for 18 his tenacious local government reporting, Jay 19 Gallagher joined New York Capitol Bureau's 20 Gannett News Service, where he was named 21 bureau chief in 1989; and 22 "WHEREAS, In this capacity, Jay 23 Gallagher coordinated state coverage for 24 Gannett's eight statewide newspapers. He was 25 admired by his colleagues and those he

Candyco Transcription Service, Inc. 1 mentored, as well as those he covered, for his 2 journalistic integrity, compassion and good 3 humor peppered with a healthy cynicism, and 4 for his relentless drive to cover all things 5 state government, as a form of genuine public 6 service; and 7 "WHEREAS, At the same time, 8 achieving a balance in his life, Jay and Emily 9 Gallagher raised two beloved daughters, Janice 10 and Ellen, who shared his love of politics and 11 sports. As a family, the Gallaghers went bike 12 riding, kayaking and cross-country skiing. 13 Furthermore, Jay never missed his girls' 14 athletic events or the family vacations that 15 were always scheduled around the New York 16 State budgets; and 17 "WHEREAS, An award-winning print 18 reporter, columnist, author, public television 19 show panelist and statewide public radio 20 program cohost, Jay Gallagher was recognized 21 for his outstanding coverage of state 22 government with numerous awards and accolades, 23 such as an Award for Excellence from the 24 New York Newspaper Association, the 25 Outstanding Reporter Award from the

Candyco Transcription Service, Inc. 1 Legislative Correspondents Association, and a 2 Beat Reporting Award from Capitol Beat, an 3 honor bestowed upon an individual for best 4 commentary by Common Cause; and 5 "WHEREAS, In 2005, Jay Gallagher 6 published the book that developed from a 7 series of in-depth news articles on state 8 government, The Politics of Decline, which 9 chronicled how political problems have 10 contributed to economic decline in the State 11 of New York. In 2009, Jay began the chronicle 12 of his battle with pancreatic cancer in a blog 13 carried by newspapers across New York State; 14 and 15 "WHEREAS, The family of Jay 16 Gallagher, including his beloved wife, Emily, 17 of Delmar, New York, and his two loving 18 daughters, Janice Gallagher, of Ithaca, 19 New York, and Ellen Gallagher, of Somerville, 20 Massachusetts, as well as the citizens of 21 New York State, have lost an eminent husband, 22 father, author, journalist and friend. He 23 will be deeply missed and truly merits the 24 grateful tribute of this Legislative Body; 25 now, therefore, be it

Candyco Transcription Service, Inc. 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to mourn the 3 death of Jay Gallagher, longtime Gannett 4 bureau chief, consummate journalist, and true 5 public servant, recognizing the significance 6 of his service to the people of the State of 7 New York and expressing its deepest 8 condolences to his family; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to the family of Jay Gallagher." 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Stewart-Cousins. 14 SENATOR STEWART-COUSINS: Thank 15 you, Mr. President. 16 And I would just like to thank the 17 family of Jay Gallagher: his wife, Emily; his 18 daughters, Ellen and Janice; Judi Kreinick, 19 his sister-in-law; and Allyson Goose -- I told 20 her that I might make it Goosay -- but for the 21 record, it's Allyson Goose, his 22 daughter-in-law and Ellen's spouse. 23 I want to thank you for being here 24 and certainly thank you for sharing this 25 moment with us and experiencing very much what

Candyco Transcription Service, Inc. 1 Jay experienced, the timing of the 2 Legislature. We told them to be here at 3 9:00 a.m., when we were to begin, and now, 4 only a short almost three hours later, we are 5 pausing to honor his memory. 6 (Laughter.) 7 SENATOR STEWART-COUSINS: You are 8 living his life. You are able to have a taste 9 of what it meant to do what he did. And not 10 only did he do this, but he coordinated the 11 schedules of so many others, because indeed 12 that was his role. 13 When I had the opportunity to speak 14 with the family and talk about what they might 15 want me to say about Jay, his wife said that 16 today would have been a momentous day for Jay, 17 because today we will keep the parks open, and 18 that so much of his life was centered around 19 the outdoors -- around activity, around 20 sports, certainly encouraging his daughters, 21 co-coaching a soccer team with Janice, and 22 making sure that all the deadlines, although 23 respected deadlines, somehow happened before 24 the commitments that he had to do the things 25 he did with his family.

Candyco Transcription Service, Inc. 1 His wife told me that his service, 2 even beyond the time where he formally left 3 Gannett, but his service and reporting what 4 happened here in state government kept him 5 alive. It defied what his lifespan would have 6 been, because state government was so in his 7 veins. It mattered to him what happened here. 8 It mattered to him how we did what we do for 9 the public. 10 I spoke to reporters who were so 11 honored to have served with him. Young 12 reporters felt nurtured by his experience and 13 by his care. Young reporters knew that he was 14 never threatened by their talents or their 15 abilities or even ambition, because it didn't 16 matter. What mattered was chronicling for the 17 people of State of New York, in the very best 18 possible way, what the goings-on of the 19 Capital Region were and making sure that they 20 were able to ply their trade in the very best 21 and honorable ways. 22 He was a role model, a mentor, a 23 guide, and somebody who genuinely cared and 24 knew what it took to be a real journalist. 25 My association with him is far

Candyco Transcription Service, Inc. 1 shorter than many of my colleagues' here, our 2 formal meeting. But because I live in 3 Westchester, we have the Journal News. I 4 reported for Gannett years ago. Jay's face -- 5 and I picture his head shot in the paper -- 6 was important to me. Even before I got here, 7 his opinions, his assessments, what he thought 8 about was important to me. 9 So that when I actually arrived 10 here, I was so pleased that he and I were able 11 to have a real conversation. It was among the 12 very first days that we got a chance to talk, 13 and I started interviewing him because I knew 14 who he was. And of course he knew who I was, 15 because of the battles that it took to get 16 there. 17 But I turned the table, and I said, 18 "What do you think about this? Do you think 19 it's going to change?" And he says, "You 20 know, I really want to believe that we can 21 make a difference in state government. I 22 really want to believe." 23 But he told me that the cynicism 24 still existed and he was a reporter, he was a 25 journalist, he was going to hold that, but he

Candyco Transcription Service, Inc. 1 believed and hoped in his heart that there 2 would be real reform and change in state 3 government. He lived for that. 4 And of course who would have 5 thought there would have been this much 6 change, which continues to this day. But that 7 I think also enlivened and empowered him, 8 excited him every day in ways that had never 9 been experienced by Jay before, to see the 10 amount of transition and transformation taking 11 place in state government. 12 We had a nice relationship, but I 13 always understood that first and foremost he 14 did his job. What a tremendous, tremendous 15 influence he had on this Capitol and on this 16 body. 17 And on this day where we save our 18 parks, where we struggle as always to do the 19 people's business, it is only fitting that we 20 commemorate a consummate journalist, husband, 21 father, friend, mentor, somebody who made sure 22 that we understood that journalism and being a 23 good journalist makes all the difference. He 24 will be missed and never forgotten. 25 And again, I thank you for being

Candyco Transcription Service, Inc. 1 here. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Klein. 4 SENATOR KLEIN: Thank you very 5 much, Mr. President. 6 To the Gallagher family, you should 7 be very, very proud, because Jay Gallagher is 8 really the last of one of the giants of 9 journalism in New York State. 10 I think Senator Stewart-Cousins 11 said it best, he personified, I certainly 12 believe, what a journalist should be, where he 13 sort of shied away from what's known as the 14 "gotcha" journalism to understand an issue. 15 And if an elected official didn't do right by 16 that issue, yeah, then he went after you. 17 But he sort of had a mission. 18 Besides giving the public the ability to know 19 the truth and what went on, he also took sides 20 on issues that were near and dear to his 21 heart. Which I think we probably need a lot 22 more of, because I think we'd all be less than 23 honest if we didn't say that we need the 24 media, in many cases, to showcase the issues 25 we care about, to build grassroots support on

Candyco Transcription Service, Inc. 1 those issues. And I hope we get back to that, 2 and maybe in Jay's memory we can. 3 I'm also particularly proud that 4 probably 16 years ago, almost to the day, I 5 worked with Jay, myself and my colleague 6 Senator Libous, when I was a freshman 7 Assemblymember, with the subject of those 8 published articles which led to Jay's book, 9 The Politics of Decline. 10 It was a very interesting piece. 11 Jay was in on every one of the meetings that 12 myself and Senator Libous took part in. And 13 it was sort of how a bill becomes a law. The 14 issue -- which is an issue we're still dealing 15 with, like most things in the State of 16 New York -- was untaxed cigarettes. But at 17 the time the issue really wasn't so much about 18 Native Americans, it was more about 19 bootlegging that took place where people would 20 go to low-tax states like Virginia and 21 North Carolina, fill up a van full of 22 cigarettes that were untaxed in some of these 23 states, and sell them here in New York. 24 We also uncovered, through several 25 investigations that I took part in, that young

Candyco Transcription Service, Inc. 1 people were also able to buy these cigarettes, 2 especially over the Internet, without any type 3 of age verification. 4 You know, Jay, even though he was 5 sort of a hard-boiled journalist by that time, 6 still was excited that he was in on all these 7 meetings with myself, Senator Libous, 8 Speaker's counsel, the Majority counsel, that 9 he was there on the ground floor of what I 10 consider -- and I think Senator Libous would 11 agree -- very important legislation, the 12 backs-and-forths, the politics. 13 It portrayed how sometimes -- and 14 I'm not saying this in a negative way, because 15 I love our staff -- that staff sometimes has a 16 lot of control over the destiny of an issue. 17 But it also showed the positive 18 side of the business that we all chose, that 19 we do do things for the people and we can do 20 them into bipartisan fashion. That even 21 though myself and Senator Libous represented 22 two very different districts -- myself in 23 Bronx County, him in Broome County -- that 24 this was an issue that sort of transcended 25 party politics and regional differences, and

Candyco Transcription Service, Inc. 1 we were able to come together and have a piece 2 of legislation. 3 I was also very, very proud, even 4 though the subject of the book was the 5 politics of decline, this was one of the few 6 examples that even with all the lobbying 7 groups and the staff and different political 8 interests, we were able to come together and 9 pass a good piece of legislation. 10 So I know Jay is looking down at us 11 today, and I know he has a smile. Because a 12 lot of what he wanted to happen as far as 13 doing some bipartisan work -- and I think he 14 still loved the turmoil that takes place, and 15 God knows we had a lot of turmoil this year -- 16 that he loved the give-and-take of politics. 17 He loved the issues that were attached to 18 politics. And I know I'm certainly always 19 going to miss him. 20 So thank you, Mr. President. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Thank you very much. 23 Senator Breslin. 24 SENATOR BRESLIN: Thank you very 25 much, Mr. President.

Candyco Transcription Service, Inc. 1 I couldn't agree more with Senator 2 Stewart-Cousins and Senator Klein in their 3 remarks. Mine will be not dissimilar. 4 Some 13 years ago, during my first 5 or second year in this Senate, I was asked to 6 speak at a Unitarian Church in Albany. And I 7 prepared and was concerned because I didn't 8 know anybody there. And as I walked in on 9 Sunday morning, the first person I saw was 10 Jay. 11 And I had dealt with Jay briefly, 12 professionally, on several occasions. But he 13 had a big grin on his face. And the question 14 he asked me is, "What is a good Irish Catholic 15 doing here?" If you know Jay, that is not an 16 unexpected question that he would ask. He was 17 always looking for the light side. 18 And over the years, I began to 19 trust Jay. That was rather quickly, though. 20 Began to trust him, began to like him, and in 21 a measure began to fear him. 22 (Laughter.) 23 SENATOR BRESLIN: Because it was 24 never about the friendship. And sometimes you 25 think, when you're trying to endear yourself

Candyco Transcription Service, Inc. 1 to a reporter, that they're going to write 2 better about you. 3 And Jay and I could talk about 4 baseball and his love of the Red Sox and mine 5 of the Dodgers, or about his children and his 6 wife and my children and my wife, and talk 7 about things going on in Delmar, New York, 8 where we both lived. We are Delmartians. 9 And I always found out that that 10 friendship had nothing to do with what he 11 would write. And if I made a mistake, as I 12 did on several occasions, it was written about 13 by Jay, and he pointed out my mistakes. But 14 he didn't act any differently. He was still 15 the same Jay Gallagher. 16 And isn't that a wonderful message 17 for all young reporters who are looking to be 18 objective but not trying to, as Senator 19 Stewart-Cousins said, trying to get you. 20 They're trying to report fairly, they're 21 trying to tell you what really is going on. 22 And that shouldn't interfere with the 23 friendship. 24 And if they happen to write 25 something that indicated that you had made a

Candyco Transcription Service, Inc. 1 mistake, he wasn't doing that personally. He 2 wasn't trying to hurt you. He was trying to 3 tell people what was going on in this chamber. 4 And it's something that I grew to respect 5 immensely. 6 And there are other reporters who I 7 believe emulate and follow the way Jay 8 Gallagher acted at all times. And it's such a 9 tremendous loss to us as a Senate. 10 And as I was talking to the 11 Gallaghers and talking about every place in 12 this building Jay said was his office, because 13 it's where he lived and it's where he worked 14 and it's where he accomplished so much. And 15 he accomplished so much that all of us have a 16 tremendous loss that we share today. But we 17 also have wonderful, wonderful memories of 18 someone who I believe is the epitome of what a 19 good reporter is. 20 And I salute the Gallagher 21 family -- Emily, his two daughters -- for 22 having had a wonderful, wonderful life with a 23 wonderful, wonderful man. 24 Thank you, Mr. President. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Thank you, Senator Breslin. 2 Senator Libous. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. I too rise and join my 5 colleagues in honoring a great man. 6 And I can reflect in a similar but 7 different way. In Binghamton, in the Gannett 8 paper, before I was elected to the Senate, 9 every Sunday was a picture of Jay, as Senator 10 Stewart-Cousins said, and a picture of the 11 Capitol, and it was "The Albany Angle," by Jay 12 Gallagher. And as a young politician, coming 13 through the ranks as a city councilman, I 14 would read that religiously every Sunday to 15 get a feel for what was going on in the 16 Capitol. 17 Then I got elected to the Senate. 18 And I still read his article, but I didn't 19 like it as much. 20 (Laughter.) 21 SENATOR LIBOUS: And I would 22 tease Jay all the time, and I'd say, "Jay, 23 doesn't anything good ever happen in Albany? 24 Don't you ever see any good?" It was always 25 about what was going wrong here. And he says

Candyco Transcription Service, Inc. 1 "No." 2 And I said to him, "Well, I don't 3 see the story the same way you do." And he 4 would say to me, "I see it the right way. And 5 until you change it, we'll keep writing it 6 that way." 7 (Laughter.) 8 SENATOR LIBOUS: So Jay and I got 9 to be pretty good friends. And I would call 10 over to the bureau -- and I see some his 11 colleagues here, Joe Spector -- and I would 12 always ask for Jay. I didn't care who 13 answered the phone, I'd say, "I want to talk 14 to Gallagher. I want to talk to the main 15 man." 16 And I would then go on to continue 17 to tease him and say, "Gee, you wrote a story 18 yesterday about a bill that I passed, yet they 19 didn't print it in the Binghamton paper." And 20 without skipping a beat, he says, "Well, they 21 don't like you." 22 (Laughter.) 23 SENATOR LIBOUS: And he would 24 just go on and never acknowledge our 25 conversation, but just keep going.

Candyco Transcription Service, Inc. 1 As Senator Klein mentioned, it was 2 an honor and a privilege to have him follow us 3 and, you know, actually be published in his 4 book. And that was the one time I got to say 5 to him, "See, we actually do good things here 6 from time to time." 7 But I want to share with all of you 8 the real human side of Jay. And although I 9 thought I knew him fairly well -- and we were 10 not close friends; we didn't go out and have a 11 drink or whatever. But I thought we were 12 close professional friends. 13 And last August I was diagnosed 14 with prostate cancer, as many of you know. A 15 couple of days after that diagnosis was 16 public, I got an email from Jay Gallagher. I 17 then got a phone call from him a couple of 18 weeks later. He wanted to know how I was 19 doing. He was going through his own personal 20 hell -- I want to do this without choking up. 21 But he cared about a professional 22 colleague. I wasn't a close friend; I was a 23 professional colleague. And he called, he 24 wanted to know how I was doing. He told me 25 to, you know, be tough through the treatments

Candyco Transcription Service, Inc. 1 and do what you need to do. And I know that 2 what he was going through was far worse than 3 anything that I was experiencing. 4 That tells you the human side and 5 the character of this individual. And I 6 really want to emphasize character. 7 We come here and we do what we do 8 and we debate and we argue on the floor and we 9 have differences with professionals, whether 10 they be reporters or colleagues. But at the 11 end of the day, we're all humans. We're all 12 real people. We all cry. We all get 13 emotional. We all feel for each other. We 14 all feel for things. And Jay Gallagher showed 15 me that real human side. 16 I will miss him. What a great 17 husband, what a great father, what a great 18 individual that you can be proud of. And the 19 memories that you will have will be your 20 memories. Nobody can change the memories that 21 are in your mind. They will only be positive 22 memories. We'll miss him. 23 ACTING PRESIDENT SAVINO: Senator 24 Robach. 25 SENATOR ROBACH: Yes, Madam

Candyco Transcription Service, Inc. 1 President. Let me too briefly add my 2 condolences to the Gallagher family. 3 And as you're picking up not only a 4 giant in your family but an institution here 5 at the Capitol, I, my family, my father got 6 the chance to know him when he I guess rose, 7 really, in the Gannett chain in his Rochester 8 days and knew him before I came to Albany. 9 But you've heard many of my 10 colleagues say, and it was really true, I 11 think what made Jay's viewpoint a little bit 12 differently, he did care, both micro- and 13 macro-ly, what went on in government and 14 really liked it. 15 And I used to always make the joke 16 to him, I said, "Jay, you're a journalist. 17 You're not running for office." Had I known 18 he lived in Senator Breslin's office, I would 19 have encouraged him more to run for office. 20 But that's another story. 21 (Laughter.) 22 SENATOR ROBACH: But Jay really 23 had a unique perspective. And on his job, I 24 would really say this, he did in-depthly want 25 to know not only what your position was, but

Candyco Transcription Service, Inc. 1 might sometimes even ask a little bit about 2 your family, your background, and then say, 3 "Well, now I understand why you think that 4 way" -- yet, as Tom Libous pointed out, would 5 disagree with you anyways when he wrote the 6 article. 7 But he really, really did have a 8 passion for government and journalism as well, 9 and information. I used to always kid him a 10 little bit. I used to say, "Jay, I'm the only 11 guy that ever read your book. I know you 12 asked people. I'm the only one." That never 13 helped me in any of the articles either. 14 (Laughter.) 15 SENATOR ROBACH: But he was a 16 great guy. And I would say, too, you know, we 17 talk about the personal side and the 18 professional side. He helped me tremendously 19 when he used to write those blurbs. 20 When I first got elected to the 21 Assembly, I won in a special election. And 22 because they wanted every vote, we got sworn 23 in before January. And they called me down 24 here for a special session, and they said 25 session will be at 11 o'clock.

Candyco Transcription Service, Inc. 1 I drove from Rochester in the 2 morning, got here at 10:30, was a little bit 3 worried I'd be late. I get to the chamber, 4 I'm sitting in which was then my father's 5 seat, and I also am not only a half an hour 6 early, but I noticed I had a button missing. 7 I asked the clerk for a needle and 8 thread. I'm sewing my button in there a 9 half-hour early, and who walks through the 10 chamber? Jay Gallagher. And he says to me, 11 "What are you doing here?" I said, "Well, 12 session is supposed to be at 11:00." You 13 know, it's 10:35 and he sees me sewing this 14 button. 15 And he writes this little anecdotal 16 article about being on time and sewing a 17 button on. And I had said to him my mother 18 said, you know, "If you like to wear clothes, 19 learn how to take care of them." He wrote 20 this little thing up kind of chastising the 21 Assembly for being late, but writing that. 22 Now, we've gotten millions of 23 dollars for medical centers, all kinds of 24 policies. That was back before email. I got 25 more correspondence on sewing my button from

Candyco Transcription Service, Inc. 1 women and more correspondence from men for 2 being on time from that little article. 3 (Laughter.) 4 SENATOR ROBACH: So I'll say 5 thank you for that. But Jay loved that part 6 of government. 7 And lastly, you could go on for 8 hours. There's a lot of Jay Gallagher 9 stories. But I would say, in the most human 10 terms too, this was very telling. When my dad 11 passed -- who had also worked with Jay, both 12 in Rochester, in the county leg when he 13 covered there, and the Assembly here -- my 14 mother, my entire family were touched that Jay 15 Gallagher came from Albany to Rochester to 16 attend the calling hours of my dad and stayed 17 for the funeral. 18 And, you know, I said to him how 19 nice it was. And you know what Jay said? And 20 I think you could say that to everybody here. 21 He said, "You know, when you think about it, 22 we're not like corporation or a company. This 23 is our family, these are our coworkers." 24 I think in many ways Jay really was 25 maybe as influential as some of the members

Candyco Transcription Service, Inc. 1 and really viewed himself as part of what goes 2 on in Albany and to make sure that everybody 3 in the state knew what was going on as well. 4 His in-depth dedication, his dry 5 sense of humor will be greatly missed but not 6 forgotten. 7 ACTING PRESIDENT SAVINO: Senator 8 Volker. 9 SENATOR VOLKER: Madam President, 10 you know, so many things go through my mind. 11 I think probably I knew Jay Gallagher as long 12 as -- well, just about as long as anyone here. 13 My first confrontations with him -- 14 and I say confrontations. We were not always 15 friends. You have to realize that when I 16 first came here, I guess I was a little 17 obstreperous. And Jay was not a fan of the 18 death penalty. And of course I was the 19 sponsor of the death penalty. And he once 20 wrote a story that I thought was unfair. 21 So I went to see him, and we got 22 into a considerable argument. And at one 23 point he said to me, "Are you Irish?" I said, 24 "Yeah. Why?" He said, "I figured." 25 (Laughter.)

Candyco Transcription Service, Inc. 1 SENATOR VOLKER: He said, 2 because -- he said, "You know, we're both 3 Irishmen. So you got to expect that those 4 things happen." And I just laughed. And I 5 said, "You know, you're right." 6 As time went on, you know, we got 7 together on a number of things and I realized 8 that Jay Gallagher was an honest, truthful 9 reporter who, sure, saw things differently 10 than many of us. And one of the things that 11 I've realized over the years is there aren't 12 too many people I guess that see things 13 exactly as I do. That includes my wife. 14 But the point I think is this. He 15 was a guy who tried to be fair, always tried 16 to be fair. Two stories, quickly, and then 17 I'll finish. 18 One story is that I -- there was a 19 story in the paper that Jay had done for the 20 newspaper and I said, "Well, you've got to 21 remember, that's a downstate reporter." Well, 22 I got a call back from him, and he said, "You 23 know, Dale, we actually are up in 24 Rochester" -- which I had forgotten about, by 25 the way. He said, "I am not a downstate

Candyco Transcription Service, Inc. 1 reporter." And I apologized to him. And I 2 said, "Yeah, I didn't think of that, but 3 you're right. It just blurted out." 4 The second story is that he called 5 me one morning and said, "I want to apologize 6 to you." I said, "Well, what are you 7 apologizing about?" He says, "One of our 8 reporters wrote a story that was inaccurate 9 about you." I said, "Well, yeah, it was. But 10 why are you calling?" "Because," he said, "it 11 bothers me when one of our people says 12 something that's inaccurate. You can 13 criticize, but it should be accurate." And I 14 thanked him. 15 And, you know, I met Jay many 16 times; he would call me and ask about 17 different issues over the years in criminal 18 justice -- by the way, my recollection is that 19 he called me at home in '94 when I had 20 prostate cancer and, you know, I was laid up 21 for quite a while, and asked me how I was 22 doing and so forth, and if I remember right, 23 wrote a story about, you know, coming back 24 from cancer and so forth. 25 The last I saw him was just a

Candyco Transcription Service, Inc. 1 couple of weeks ago. I was on a radio 2 program, and Jay sat in on it and he asked a 3 couple of questions. And as we were walking 4 out, I said, "Jay, how you feeling?" He said 5 "Not too good." I said, "Yeah, I can see 6 that." But he said, "I'm fighting." And I 7 said, "You always have fought. And I know 8 you'll fight right to the end." 9 Little did I think that here we 10 are, just, oh, probably not more than two 11 weeks -- it was right after I announced that I 12 wasn't running -- that we'd be talking about 13 it. 14 But I have no doubt that Jay 15 Gallagher is up in heaven and he's looking 16 down at us and probably saying, "Boy, those 17 guys down there, and women, they've got to get 18 their act together." 19 (Laughter.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Liz Krueger. 22 SENATOR LIZ KRUEGER: Thank you 23 very much. 24 I just wanted to rise to also say 25 to the family I know that this must be an

Candyco Transcription Service, Inc. 1 enormous loss for you. 2 And I wasn't in the Gannett 3 geographic area, but I got to know Jay a 4 little bit because he would stop me and he'd 5 ask the hard questions. And I want to tell 6 you that, you know, as somebody who he was 7 asking hard questions of, you knew that he 8 really wanted to get to the bottom of the 9 question. He really believed in what 10 journalism was, I think in the highest 11 standard and definition of what we hope 12 journalism continues to be in this town and 13 this state and in this country. 14 And I just enjoyed a number of the 15 conversations we had an opportunity to have 16 over the last few years. And everyone has 17 described what he clearly was as a wonderful 18 human being. And I guess, in my language, Jay 19 Gallagher was a mensch. And we're going to 20 miss him. 21 And thank you for being here today. 22 Thank you, Mr. President. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Oppenheimer. 25 SENATOR OPPENHEIMER: Hi, family.

Candyco Transcription Service, Inc. 1 Well, as you know, I go way, way back with 2 Jay. Gosh, probably more -- I can't even -- 3 more than 20 years. 4 And, you know, a lot of people have 5 spoken about what a wonderful journalist he 6 was. And he really was of a breed that we 7 don't see very much anymore, which is very 8 sad. Because he always wrote the truth and he 9 didn't try and color it. You know, he didn't 10 try and insert, you know, what his feelings 11 were. At least not in that venue, not in the 12 article. He might get it filtered into some 13 editorial part, but not in his article. 14 He really was just a brilliant 15 journalist, and so honest and always trying to 16 get to the bottom of what it really was. So 17 that part we've spoken about. 18 And we've also spoken about his 19 thoughtfulness and his kindness. He was a 20 very kind man. And that is not so often seen 21 up here anymore. He may have been ruthless 22 about the truth, but in his personal life he 23 was a very generous and gentle and kind 24 person. At least that's how I saw him. 25 And, you know, all of us who knew

Candyco Transcription Service, Inc. 1 him are very upset. And I can only say to you 2 that I can only imagine what your pain is. I 3 mean, I saw him as recently as four weeks ago, 4 and we were talking, he was carrying on. You 5 know, nothing was stopping him. It's just 6 amazing that someone at the end goes so 7 quickly. Because he always had -- he had such 8 a nice smile, and he seemed so up. 9 At any rate, we have an opportunity 10 on Tuesday night to go to the memorial service 11 and participate in his leaving us. And we all 12 are very much diminished and bereft by his 13 passing. 14 And I wish to you in time to be 15 able to look back and laugh and smile about 16 the things he did and the places you went. I 17 know it seems like it will never come, but it 18 does. And I hope it will heal your pain. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Larkin. 21 SENATOR LARKIN: Thank you, 22 Mr. President. 23 I guess I had a different life with 24 Jay. The first time -- I never read about 25 him, he never read about me or never said

Candyco Transcription Service, Inc. 1 anything during my days in the Assembly. He 2 thought I was in a lost canyon, I think. But 3 he was humorous about it. 4 After I came to the Senate, he 5 wrote a very nice article, and I said to him, 6 "Thank you very much." He said: "Treasure 7 it. You don't know how many more there will 8 be." 9 (Laughter.) 10 SENATOR LARKIN: But what got me 11 was when we started the national drive -- and 12 not bragging, I was the one that started it. 13 And I want to thank my good friend and 14 colleague John Bonacic who was there the day 15 we started the campaign for the Purple Heart 16 stamp. 17 Jay called me the following week, 18 said, "I want to sit down and discuss it with 19 you. Why are you doing this? Do you have a 20 Purple Heart?" I said, "No, thank God." He 21 said, "Well, that's a good statement." 22 And then he started asking why we 23 were doing it, how did we think we would get 24 it. And, you know, he wasn't just sitting 25 there. He had a little recorder, you know, in

Candyco Transcription Service, Inc. 1 case you tell a little fib. And what he was 2 going through was what were the mechanics. 3 I know for a fact that he called 4 people in Washington because he wanted to know 5 how long it would take to get this stamp. And 6 he came to me and said, "I'll be in your 7 office tomorrow. Have the coffee." So I said 8 okay, I wonder what he's going to say. He 9 said, "Do you have any idea that they haven't 10 even put this into the concept stage?" 11 I said, "Well, they'd better, 12 because there are a lot of men and women who 13 have made a sacrifice, killed in action or 14 wounded for this great country of ours." 15 And on May 30, 2003, when the stamp 16 was officially opened and we pulled the 17 lanyards on it, it was a 37-cent stamp. And I 18 received a call, and it said: 19 "Congratulations. That's one for the home 20 team." And it was. 21 We had a few other go-arounds that 22 we had. And in 2005, when we announced we 23 were in the final throes of the Purple Heart 24 Hall of Honor, he said, "You've got your 25 second hit."

Candyco Transcription Service, Inc. 1 And his comments in the 2 Poughkeepsie Journal were not written for 3 Billy Larkin or any state legislator, but they 4 were written about the men and women of our 5 armed forces who were killed or wounded in 6 combat and how people should show up. 7 When I come back that following 8 Monday, I said to him -- we were here for some 9 reason -- I said, "There were 6,000 people 10 showed up at the opening." And I said, "Your 11 article helped us, because you give 12 directions, you give it -- you didn't give it 13 a big glossy thing, but you gave it as 14 something that really cared." 15 The next time -- it's tough -- he 16 came to me and he said, "A friend of our 17 family, Captain Tim Mosher, helicopter pilot, 18 was killed over the weekend." He asked a 19 couple of questions about burial, about flags, 20 about this. And he never lost his composure. 21 I do. Twenty-three years has taught me that 22 life is short, when you serve 23 years with 23 the service. 24 But his intensity and compassion 25 for the Mosher family was just something

Candyco Transcription Service, Inc. 1 that -- that's what brings the military 2 together. They have never forgot the love and 3 the sincerity and the respect. 4 And I want to tell you, you know 5 what he was. None of us will forget him. But 6 those of us who met him in another frame will 7 always remember his compassion and his 8 commitment, from when we talked about a Purple 9 Heart stamp, to a national honor facility, to 10 his compassion for some family member who gave 11 his life. And he meant it. 12 Thank you for a wonderful husband, 13 wonderful son, and a great American. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Thank you, Senator Larkin. 16 Senator Maziarz. 17 SENATOR MAZIARZ: Thank you very 18 much, Mr. President. 19 And I want to join and offer my 20 condolences and, you know, add another Jay 21 Gallagher story. 22 When I first got here, many years 23 ago, I always timed my exit here and arriving 24 back home, I would drive from here back to 25 Niagara County, five hours, to see my mother,

Candyco Transcription Service, Inc. 1 who was not in very good health. 2 And she would always ask me, "Well, 3 what went on in Albany this week?" And I 4 would tell her, you know, all the positive 5 things, all the good things we were doing, how 6 great everything was. And she would say to 7 me, "Well, not according to Jay Gallagher." 8 (Laughter.) 9 SENATOR MAZIARZ: And she would 10 pull out Jay's weekly column, and we would 11 have to go over it point by point. And, you 12 know, I'd say, "Well, that's one way of 13 looking at it, but then there's another way of 14 looking at it." And she would say to me, 15 "Well, you know, I'm not so sure if I agree 16 with you or with Jay." I said, "Mom, you have 17 to agree with me. I'm your son." 18 (Laughter.) 19 SENATOR MAZIARZ: I told Jay that 20 story. And I thought it described the type of 21 person that Jay was, when, a few years ago, 22 she did pass away, one of the first calls that 23 I received was from Jay to wish me well. So 24 he was a good person. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Leibell. 3 SENATOR LEIBELL: Thank you, 4 Mr. President. 5 Senator Maziarz, that must be 6 probably common to a number of us, that our 7 mothers got a different opinion of what we 8 were doing from Jay's report card of us. 9 This place is built on, frankly, 10 many tensions. We have tensions among 11 conferences, within conferences, between 12 members and the press. 13 I think Jay, though, I think for 14 all of us was a person who, when we saw him 15 coming, we just felt good about it. We all 16 knew that he was going to treat us fairly, he 17 would report it as we stated it, and that he 18 was a very fair person. 19 And if you were to meet him in the 20 hallway, you could talk about anything. He 21 would ask me about my kids, who were at Siena 22 up here and how they were doing. I can 23 remember talking to him about -- you know, 24 we're just about the same age -- how the 25 Gannett stock was doing in his 401(k). Which

Candyco Transcription Service, Inc. 1 was not always one of our happier 2 conversations. 3 We would talk about these things. 4 And I guess, you know, we can talk about his 5 professionalism, his sense of fairness, his 6 kindness. Above all, though, the sense that 7 he treated everyone with such great respect. 8 And I know that we all, all of us, 9 had the greatest respect for Jay Gallagher. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Leibell. 12 Senator Farley. 13 SENATOR FARLEY: Thank you. I 14 rise to pay tribute to Jay Gallagher and 15 express my condolences to his family. 16 But let me just say, as a fellow 17 Irishman, I was always pleased to meet him 18 because I never met him that he didn't have a 19 smile, humor, a little joke or something. He 20 was one of the most pleasant people that you 21 could ever run into. Besides being a 22 journalist who was always very fair and really 23 was into the issues. And regardless of your 24 politics, he treated everybody equally and 25 fairly.

Candyco Transcription Service, Inc. 1 He was the epitome of what a 2 journalist should be. But more important, he 3 was the epitome of what a human being should 4 be. Jay Gallagher was one nice guy, to say 5 the least. 6 And my deepest sympathy at this 7 early loss. And nobody as young and as gifted 8 as he is should have to leave us so early. My 9 deepest sympathy to the family. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Farley. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, on 14 behalf of the legislative body and certainly a 15 giant of a man, Jay Gallagher, can I please 16 ask for a moment of silence. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Thank you, Senator Klein. 19 All members, members of the 20 audience, please rise and join us in a moment 21 of silence in the memory of Jay Gallagher. 22 (Whereupon, the assemblage 23 respected a moment of silence.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Are there any other Senators wishing to be

Candyco Transcription Service, Inc. 1 heard on the resolution? 2 The question is on the resolution. 3 All those in favor please signify by saying 4 aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The resolution is adopted. 11 Senator Stewart-Cousins has 12 indicated that she would like to open the 13 resolution up for cosponsorship by the entire 14 house. Any Senator not wishing to be on the 15 resolution please notify the desk. 16 And again, on behalf of the entire 17 State Senate, I welcome Jay's family to be 18 here and apologize for the delay in getting 19 here. But our memories are with him. 20 Thank you for joining us, and thank 21 everybody. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 believe there's a resolution at the desk by 25 Senator Larkin. I ask that the resolution be

Candyco Transcription Service, Inc. 1 read in its entirety and move for its 2 immediate adoption. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted by the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will read. 11 THE SECRETARY: By Senator 12 Larkin, legislative resolution honoring 13 Brigadier General Patrick Finnegan upon the 14 occasion of his retirement as Dean of the 15 Academic Board at the United States Military 16 Academy. 17 "WHEREAS, It is the sense of this 18 Legislative Body to acknowledge outstanding 19 individuals whose professional lives, personal 20 endeavors, and community service are an 21 example and inspiration to their colleagues, 22 friends and family; and 23 "WHEREAS, Members and former 24 members of the armed services from the State 25 of New York who have served so valiantly and

Candyco Transcription Service, Inc. 1 honorably in wars in which this country's 2 freedom was at stake, as well as in the 3 preservation of peace in peacetime, deserve a 4 personal salute from this Legislative Body; 5 and 6 "WHEREAS, Attendant to such 7 concern, and in full accord with its 8 long-standing traditions, this Legislative 9 Body is justly proud to honor Brigadier 10 General Patrick Finnegan upon the occasion of 11 his retirement as Dean of the Academic Board 12 at the United States Military Academy. This 13 auspicious occasion will be celebrated at a 14 retirement ceremony to be held in his honor on 15 Tuesday, June 1, 2010, at Crest Hall, 16 Eisenhower Hall, United States Military 17 Academy, West Point, New York; and 18 "WHEREAS, Confirmed by the United 19 States Senate as the 12th Dean of the Academic 20 Board at the United States Military Academy on 21 July 1, 2005, Brigadier General Patrick 22 Finnegan was born in Fukuoka, Japan, on 23 September 20, 1949. He was appointed to the 24 United States Military Academy in 1967 and, as 25 a cadet, he was the chairman of the Honor

Candyco Transcription Service, Inc. 1 Committee and head manager of the Army 2 Football Team; and 3 "WHEREAS, Upon graduation from West 4 Point and being commissioned a second 5 lieutenant in 1971, he attended the Kennedy 6 School of Government at Harvard University and 7 earned a Master of Public Administration 8 degree in 1973; and 9 "WHEREAS, After completing graduate 10 school, Brigadier General Finnegan was 11 assigned as Battalion Adjutant, 3/39th 12 Infantry, 9th Infantry Division, at Fort 13 Lewis, Washington, from 1973-1974, and then 14 Headquarters Company Commander, U.S. Army 15 Security Agency Material Support Command, 16 Vint Hill Farms Station, Virginia, from 17 1975-1976. During that assignment, he was 18 selected for the Judge Advocate General's 19 Funded Legal Education Program; and 20 "WHEREAS, Brigadier General 21 Finnegan received his Juris Doctor from the 22 University of Virginia Law School in 1979. 23 While attending law school, he was a member 24 and editor of the Law Review and was elected 25 to the Order of the Coif; and

Candyco Transcription Service, Inc. 1 "WHEREAS, After an initial JAG 2 Corps tour at the 8th Infantry Division in 3 Bad Kreuznach, Germany, where he served as 4 Trial Counsel (1979-1980), Chief of 5 Administrative Law (1980-1981), and Chief of 6 Military Justice (1981-1982), Brigadier 7 General Finnegan was assigned to the Judge 8 Advocate General's School, Charlottesville, 9 Virginia, as a criminal law instructor 10 (1983-1985) and as Deputy Director, Academic 11 Department (1985-1987); and 12 "WHEREAS, From 1988 to 1991, 13 Brigadier General Finnegan was assigned to the 14 XVIII Airborne Corps, Fort Bragg, 15 North Carolina, as Chief of Administrative and 16 Civil Law (1988-1989) and Deputy Staff Judge 17 Advocate (1989-1991); and 18 "WHEREAS, Brigadier General Patrick 19 Finnegan served as Staff Judge Advocate, 20 Fort Bragg, for five months before deploying 21 to the Persian Gulf to participate in 22 Operations Desert Shield and Desert Storm; and 23 "WHEREAS, In addition, Brigadier 24 General Patrick Finnegan was Legal Advisor, 25 Joint Special Operations Command, Fort Bragg,

Candyco Transcription Service, Inc. 1 North Carolina, from May 1991 to July 1993, 2 and was the Staff Judge Advocate, United 3 States Special Operations Command, MacDill Air 4 Force Base, Florida, from July 1994 to 5 June 1996. He then served as the Legal 6 Advisor for the United States European 7 Command, Stuttgart, Germany, from July 1996 to 8 July 1998, and was the United States Military 9 Academy Staff Judge Advocate from August 1998 10 until he was appointed as professor and head 11 of the Department of Law in July of 1999; and 12 "WHEREAS, Brigadier General Patrick 13 Finnegan's military education includes the 14 Infantry Officers Basic Course, Airborne 15 School, Electronic Warfare Officers Basic 16 Course, Judge Advocate Officer Basic and 17 Graduate Courses, the Army Command and General 18 Staff College, and the Army War College. His 19 awards and decorations include the Defense 20 Superior Service Medal with oak leaf cluster, 21 the Legion of Merit, the Bronze Star, 22 Meritorious Service Medal with two oak leaf 23 clusters, Army Commendation Medal, Army 24 Achievement Medal with two oak leaf clusters, 25 Humanitarian Service Medal, Saudi Arabia/

Candyco Transcription Service, Inc. 1 Kuwait Liberation Medal, and the Defense 2 Meritorious Unit Award with oak leaf cluster. 3 He has also been awarded the Parachutist 4 Badge; and 5 "WHEREAS, A member of the Virginia 6 Bar, Brigadier General Finnegan has also been 7 admitted to practice before the United States 8 Supreme Court. He has published articles in 9 the Virginia Law Review, Military Law Review, 10 The Army Lawyer, and Military Review. He is a 11 member of the Phi Kappa Phi Academic Honor 12 Society; and 13 "WHEREAS, Upon his retirement from 14 the United States Army, Brigadier General 15 Patrick Finnegan will become the 25th 16 President of Longwood University in Farmville, 17 Virginia; and 18 "WHEREAS, With Brigadier General 19 Patrick Finnegan throughout his distinguished 20 career have been his wife, Joan, and their two 21 daughters, as well as their beloved 22 grandchildren, all of whom feel privileged to 23 be a part of his life and rejoice in his 24 achievements; and 25 "WHEREAS, Our nation's veterans

Candyco Transcription Service, Inc. 1 deserve to be recognized, commended and 2 thanked by the people of the State of New York 3 for their service and for their dedication to 4 their communities, their state and their 5 nation; now, therefore, be it 6 "RESOLVED, That this Legislative 7 Body pause in its deliberations to honor 8 Brigadier General Patrick Finnegan upon the 9 occasion of his retirement as Dean of the 10 Academic Board at the United States Military 11 Academy; and be it further 12 "RESOLVED, That a copy of this 13 resolution, suitably engrossed, be transmitted 14 to Brigadier General Patrick Finnegan." 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Larkin. 17 SENATOR LARKIN: Thank you, 18 Mr. President. 19 General Finnegan is completing his 20 39th year of service. Some of the other grads 21 will always tell you, "Don't forget the four 22 years we slogged around this great place." 23 You know, General Finnegan is the 24 twelfth academic dean in a school that is 25 208 years old. You know, someone said they

Candyco Transcription Service, Inc. 1 pick a professor or a president of a college 2 or a provost. To be selected to be the 3 academic dean of the service academies, you 4 have to be nominated by the President and then 5 confirmed by the Senate. 6 And the grilling, if you've ever 7 heard of it or watched it, is pretty detailed. 8 Because in fact the Senate of the United 9 States, in looking at this, want to make sure 10 that whoever they appoint has not only the 11 title and the infantry background but the 12 background to lead a college from a point of 13 view of all of the rest of the public and 14 private colleges. 15 General Finnegan, one of his real 16 claims to fame is that "When I graduated in 17 '71, Lark, I was an infantry officer." And 18 now he's going to leave the military as one of 19 the finest judge advocates and academic deans 20 that the service academy has ever had. 21 I had the privilege of serving with 22 one of his older brothers. And his comment to 23 me was "Of all the kids we had in the family, 24 Patrick to become a general." 25 And the rest of us that knew Pat

Candyco Transcription Service, Inc. 1 and have known him for the years he's been at 2 the Academy, we really feel kind of proud as 3 well as sad to see him walk away. Because the 4 dean at the Academy is not chosen for a number 5 of set years. The dean at the Academy is 6 picked and he stays there as long as the 7 President would like him to or he will go. 8 He's going to be missed. I talked 9 to some of the graduating class of this year, 10 and they said that, you know, as the academic 11 dean -- and others have said the same thing -- 12 he didn't sit in that big charming office that 13 he has with his staff, but he went into the 14 classes and monitored what was being taught, 15 how it was, and how was the action between the 16 staff. 17 As you know, the service academies 18 today, as a result of action taken during 19 President Clinton, is not just military 20 professors but it is civilian professors. And 21 that runs a rough risk, sometimes, with the 22 faculty and the cadets. Because at the end of 23 the day, the private faculty members, bye-bye, 24 go home. The military faculty are there 7/24. 25 But General Finnegan made sure that

Candyco Transcription Service, Inc. 1 there was nobody slighted in any academic 2 portion of it. And while the Academy has a 3 lot of sports -- they've been some of the 4 greatest college football teams, basketball, 5 in the years -- he always stressed the point 6 that this is an academic institution, we want 7 to prepare these young men and women for the 8 future, for the future that they will commit 9 to our country. 10 Pat Finnegan will be missed. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Thank you, Senator Larkin. 13 The question is on the resolution. 14 All those in favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The resolution is adopted. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, at 23 this time can we please go to a reading of the 24 calendar. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 439, by Member of the Assembly Silver, 4 Assembly Print Number 10681B, an act to amend 5 the Election Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 486, by Senator Sampson, Senate Print 7505, an 20 act to amend the Judiciary Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 58. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 490, by Senator Breslin, Senate Print 6954A, 10 an act to repeal Chapter 241 of the Laws of 11 1930. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect July 1, 2010. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 490 are 23 Senators Fuschillo, Lanza and Skelos. Also 24 Senator Marcellino. 25 Ayes, 54. Nays, 4.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 523, by Senator Sampson, Senate Print 5987B, 5 an act to amend the Public Authorities Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 523 are 17 Senators Bonacic, DeFrancisco, Flanagan, 18 Fuschillo, Golden, Griffo, Hannon, O. Johnson, 19 Lanza, Larkin, LaValle, Leibell, Libous, 20 Little, Marcellino, Maziarz, McDonald, 21 Nozzolio, Padavan, Ranzenhofer, Robach, 22 Saland, Skelos, Volker and Young. 23 Ayes, 33. Nays, 25. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 524, by Senator Breslin, Senate Print 6846 -- 3 SENATOR KLEIN: Lay it aside for 4 the day, please. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 530, by Member of the Assembly Russell, 9 Assembly Print Number 8525, an act to amend 10 the Election Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. 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 Announce the results. 20 THE SECRETARY: Ayes, 58. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 535, by Senator Foley, Senate Print 5495, an 25 act to amend the Criminal Procedure Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 537, by Senator Perkins, Senate Print 7434, an 16 act to amend the Penal Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 57. Nays, 3 1. Senator Montgomery recorded in the 4 negative. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 540, by Senator Valesky, Senate Print 7198A, 9 an act to amend the Highway Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Announce the results. 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 564, by Senator C. Johnson, Senate Print 24 5972C, an act to amend the Education Law and 25 the Public Health Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately on the 180th 5 day. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 Senator Klein, that completes the 15 reading of the calendar. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please stand at ease. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Senate will stand at ease. 20 SENATOR LIBOUS: Mr. President. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Libous. 23 SENATOR LIBOUS: Thank you, 24 Mr. President. 25 Could there be an immediate

Candyco Transcription Service, Inc. 1 Republican conference while we're at ease. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 There will be an immediate Republican 4 conference in the Republican Conference Room 5 while the Senate stands at ease. 6 (Whereupon, the Senate stood at 7 ease at 12:46 p.m.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 there will be an immediate meeting of the 12 Finance Committee, followed by a meeting of 13 the Rules Committee in the Majority Conference 14 Room. 15 Pending the return of the Rules 16 Committee, may we please stand at ease. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Immediate meeting of the Finance Committee, 19 followed by an immediate meeting of the Rules 20 Committee in Room 332. 21 Pending the return of the Rules 22 Committee, the Senate will continue to stand 23 at ease. 24 (Whereupon, the Senate reconvened 25 at 1:53 p.m.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe there's a Rules Committee report at 5 the desk. I move that we adopt the report at 6 this time. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 There is a report of the Rules Committee at 9 the desk. 10 The Secretary will read. 11 THE SECRETARY: Senator Smith, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 7909, by Senator 15 Savino, an act to provide; 16 7988, by the Senate Committee on 17 Rules, an act to amend the Tax Law; 18 7989, by the Senate Committee on 19 Rules, an act making appropriations for the 20 support of government; 21 7990, by Senator Oppenheimer, an 22 act to amend the Education Law; 23 7991, by Senator Oppenheimer, an 24 act to amend the Education Law; 25 And Senate Print 8001, by Senator

Candyco Transcription Service, Inc. 1 Oppenheimer, an act to amend the Education 2 Law. 3 All 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, 16 can we please go to a reading of the 17 supplemental calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will read the supplemental 20 calendar. 21 THE SECRETARY: In relation to 22 Calendar Number 662, Senator Savino moves to 23 discharge, from the Committee on Civil Service 24 and Pensions, Assembly Bill Number 11144, and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc. 1 Number 7909, Third Reading Calendar 662. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 662, by Member of the Assembly Abbate, 6 Assembly Print Number 11144, an act to 7 provide -- 8 SENATOR LIBOUS: Lay the bill 9 aside. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is laid aside. 12 THE SECRETARY: In relation to 13 Calendar Number 663, Senator Smith moves to 14 discharge, from the Committee on Finance, 15 Assembly Bill Number 11308 and substitute it 16 for the identical Senate Bill Number 7988, 17 Third Reading Calendar 663. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 663, by the Assembly Committee on Rules, 22 Assembly Print Number 11308, an act to amend 23 the Tax Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, is 2 there a message of necessity and appropriation 3 at the desk? 4 ACTING PRESIDENT CRAIG JOHNSON: 5 There is a message of necessity and 6 appropriation at the desk. 7 SENATOR KLEIN: Mr. President, I 8 move that we accept the message at this time. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The question on accepting the message of 11 necessity and appropriation is before the 12 desk. All those in favor please signify by 13 saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The message of necessity and appropriation is 20 accepted. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator DeFrancisco, to explain his vote. 4 SENATOR DeFRANCISCO: Yes, I'm 5 voting no for several reasons. 6 The first reason is that I was 7 assured by my colleagues on the other side of 8 the aisle that we had already fixed the parks 9 bill because there was a way to manipulate the 10 last extender, or words to that effect, and 11 there was enough money in the last extender, 12 we were told by the sponsor of the parks bill, 13 to take care of parks. 14 And here we are a couple of days 15 later actually voting for increased taxes in 16 order supposedly to fund the parks. It's 17 simply contradictory, to say the least. And 18 there's no need to raise taxes if we are to 19 believe the Majority explanation of the other 20 bill. And I will not vote to raise taxes. 21 Lastly, as far as this bill is 22 concerned, you know, this plus the charter 23 school bill is so embarrassing to wait until 24 the day before, the day before parks are going 25 to be closed to claim that now you finally

Candyco Transcription Service, Inc. 1 have a solution. 2 Absolutely unbelievable. That's 3 not the way to do business, nor is it a way to 4 do business with the new charter school bill 5 that we'll get to later on in the agenda. 6 So those are the reasons I vote no. 7 Thank you. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator DeFrancisco to be recorded in the 10 negative. 11 Senator Marcellino, to explain his 12 vote. 13 SENATOR MARCELLINO: I'd like to 14 explain my vote, Mr. President. 15 This bill was done in secret. This 16 bill was done in the dark of night. This bill 17 was done without any Republican input, without 18 any conference committee, without any 19 discussion. This is not the way to do a bill. 20 This is not the way we're supposed to operate. 21 We're supposed to have openness, we're 22 supposed to have transparency. We have 23 neither here. 24 This is a bad bill. It cuts the 25 EPF to $134 million. This is the economic

Candyco Transcription Service, Inc. 1 engine that drives the entire environmental 2 movement in this state. Clean air, open space 3 and everything else that goes with it is 4 dependent upon the Environmental Protection 5 Fund. And in the last two years, under 6 Democrat leadership, this fund has been cut 7 from $300 million to $134 million. 8 Mr. President, that's unconscionable and must 9 not occur. 10 This bill is bad. It doesn't do 11 anything. The parks open will be a shell of 12 what they should be and not really in full 13 open and full shape. This is not positive. 14 This is not good. This is not the way we 15 should be doing a budget. 16 This state needs an on-time budget. 17 Instead of working till 3:00 in the morning to 18 keep the parks open, we should have worked 19 together till 3:00 in the morning to do a 20 budget on time. 21 I vote no, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Marcellino to be recorded in the 24 negative. 25 Senator Robach, to explain his

Candyco Transcription Service, Inc. 1 vote. 2 SENATOR ROBACH: Yes, very 3 briefly. 4 You know, the parks are critically 5 important. I think there was other ways we 6 could have accomplished keeping them open. 7 Senator Serrano said on the floor the other 8 day in the extender that to get to that 9 $6 million we could have moved some money 10 around inside the department, perhaps even 11 shrank the size of government. 12 But that's what happened here, is 13 we are putting taxes and fees on businesses, 14 upstate manufacturers. I, very parochially 15 but very importantly, represent Eastman Kodak 16 Company, where friends, family members are 17 struggling to hang onto their job to support 18 their family. 19 And we all talk in here how 20 important it is that we do business 21 differently, don't raise taxes, don't raise 22 fees, and then we come right out, in that, 23 after you make that pledge and do just the 24 opposite. 25 Now, I can't give an exact figure,

Candyco Transcription Service, Inc. 1 but I'm telling you this is going to hurt 2 Eastman Kodak Company, which has probably been 3 reduced in size by almost 75 percent in my 4 district. If we wanted to, we could have done 5 a better bill and got this money some other 6 way. Not we, you chose to put those taxes and 7 fees on upstate manufacturing, predominantly, 8 and I think that's unfortunate. 9 If we're going to talk about 10 revitalizing the economy, we can't keep 11 putting more fees, more taxes on businesses 12 upstate or downstate, but sure as heck not in 13 those ones that are struggling. And that's 14 the shame. 15 I listened very, very intently to 16 the debate on the extenders. And, you know, 17 it may sound strange, but $6 million isn't a 18 tremendous amount of money in a $134 billion 19 budget. But to pass that money on to upstate 20 companies who are already struggling, that is 21 a lot of money. 22 Everybody wants to keep the parks 23 open. This is the wrong direction. And I'm 24 going to ask my colleagues on the other side 25 of the aisle again to please practice what

Candyco Transcription Service, Inc. 1 you're preaching, be more responsive to the 2 people I represent. This is the time. If 3 we're going to turn the corner -- 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Robach, how do you vote? 6 SENATOR ROBACH: -- it's got to 7 be with actions, not words. 8 I vote no, Mr. President. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Robach to be recorded in the negative. 11 Senator Farley, to explain his 12 vote. 13 SENATOR FARLEY: Thank you, 14 Mr. President. I'll stay within my two 15 minutes. 16 Let me say that nobody in this 17 chamber wants the parks, historic sites and 18 campgrounds to remain open any more than I. 19 It's a huge issue in my district. But what 20 have we done? For keeping these parks open 21 for $6 million, we have created a monster that 22 raises taxes. 23 It's interesting in the other house 24 that every Republican and 10 Democrats voted 25 against this because of all of the poison

Candyco Transcription Service, Inc. 1 pills that were put in this bill. 2 And it raises fees and taxes 3 throughout this state, particularly for 4 upstate manufacturing places, and causes all 5 kinds of havoc and drives business out of this 6 state for no reason at all. 7 I vote no. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Farley to be recorded in the negative. 10 Senator LaValle, to explain his 11 vote. 12 SENATOR LaVALLE: Thank you, 13 Mr. President. 14 When we do a budget in a piecemeal 15 way -- and I would say the Democrat Majority 16 does and the Governor and the Assembly does a 17 budget in a piecemeal way, we get something 18 that doesn't make any sense. Fees and taxes, 19 and what we have done to the Environmental 20 Protection Fund -- something that Senator 21 Marcellino, myself, and other individuals have 22 worked over the years so hard to have open 23 space protections -- is very, very sad. 24 We were not able, because of the 25 timeliness here -- at least I was not able to

Candyco Transcription Service, Inc. 1 put in an amendment. But you will see this, 2 that the Comptroller shall transfer to the 3 Environmental Protection Fund 30 percent of 4 the taxes, interest and penalties collected 5 pursuant to this section in excess of the 6 revenue estimate included in the state 7 financial plan for the prior year. We cannot 8 abandon the environment. 9 And I hear, you know, during 10 campaigns Democratic candidates talking about 11 how they're for the environment. Well, I want 12 to tell you, you are doing something today, 13 with this hodgepodge bill that is before us, 14 something that is not positive for the 15 environment. 16 I vote in the negative. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator LaValle to be recorded in the 19 negative. 20 Senator Thompson, to explain his 21 vote. 22 SENATOR THOMPSON: First, thank 23 you for recognizing me, Mr. President. 24 This budget today that we are 25 approving is a -- this item for the parks I

Candyco Transcription Service, Inc. 1 believe, number one, is important. It has not 2 been a pretty process, but it's been a very 3 important process and one that people have 4 said that they wanted the parks open. And I 5 think it's important that we pass this bill so 6 that people can enjoy these parks this 7 weekend. 8 But there's some other positive 9 things that are in the budget, despite the 10 cuts to the Environmental Protection Fund. 11 Number one, this bill will provide electronic 12 recycling in the State of New York, something 13 that many of us have worked on, and some even 14 prior to me arriving, for a number of years. 15 And that's very important that we 16 will move on a path towards removing computers 17 and other forms of electronic equipment out of 18 our waste stream. 19 This bill also seeks to provide 20 funding for waterfront development and parks 21 and other forms of environmental protection 22 across the state. It also says to us that in 23 this very difficult financial time that we 24 have to make some cuts, even some unpopular 25 cuts, but cuts that are necessary to protect

Candyco Transcription Service, Inc. 1 the environment but to make sure that we all 2 share in the pain. And we also, once we 3 finish the budget, hopefully we can finish one 4 loophole, which is the repayment language 5 that's necessary to repay the Environmental 6 Protection Fund for all of these sweeps. 7 So we still have some work to do. 8 No, it's not a pretty budget. But we send the 9 message that we will not send the parks. We 10 protection our zoos and botanical gardens. We 11 provide environmental stewardship funding. 12 Yes, it's not $300 million like we would like, 13 but it's still protecting the fund. And we 14 have more work to do as the economy gets 15 better in the State of New York. 16 I vote yes, and thank you for the 17 opportunity to speak. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Thompson to be recorded in the 20 affirmative. 21 Senator Volker, to explain his 22 vote. 23 SENATOR VOLKER: Mr. President, I 24 have not spoken a great deal, but it's 25 important to me -- who as everyone knows, I

Candyco Transcription Service, Inc. 1 think, I'm leaving the Legislature -- to leave 2 with what I consider to be a high note. 3 This is the beginning of the budget 4 process. I assume we all know that. And this 5 is the typical budget -- we're sent a 6 hodgepodge by the Budget Bureau, and that's 7 what exactly this is, because there's 8 something we want. We all want the parks 9 open, and we all want the zoos and all the 10 rests of the things. 11 What this bill does, though, is 12 raise taxes and fees all over the place. In 13 fact, we're still having trouble figuring out 14 exactly how much this actually is going to 15 cost. And it is going to cost consumers a lot 16 of money. Not just businesses, but consumers. 17 The problem is that it is New York 18 doing business as usual. And we have to stop 19 doing this, because -- and what's scary is 20 since this is the first bill, many would 21 argue, in the budget process, to start right 22 out with a bill with unnecessary funding for 23 the parks -- because everybody has admitted we 24 don't need to do this -- and raise money -- 25 and that's what it's about, is to tempt us

Candyco Transcription Service, Inc. 1 into raising money through fees and all kinds 2 of things, and that is particularly true in 3 upstate New York -- is wrong and a huge 4 mistake. 5 So I'm going to have to vote 6 against this. And I realize that there's some 7 people who are going to say, "Well, you voted 8 against the parks." I voted so many times in 9 favor of the parks, I'm beginning to wonder 10 how many times I'm going to have to do it. 11 But it's time that we stop this 12 kind of foolishness, and I'm going to have to 13 vote no. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Volker to be recorded in the negative. 16 Senator Lanza, to explain his vote. 17 SENATOR LANZA: Thank you, 18 Mr. President. 19 I'm voting no. And I'm voting no 20 not on a parks bill -- because that's not what 21 this is. This is a tax bill. We know we 22 don't need to raise fees or taxes in order to 23 open the parks. How do we know that? My good 24 friend Senator Serrano the other day had a 25 bill in which everyone on your side of the

Candyco Transcription Service, Inc. 1 aisle voted yes. And the reason why we were 2 told that that would open parks without fees 3 is because we don't need the money, it's 4 already there, floating around, slushing 5 around in the extender. 6 You want to open parks? Vote on 7 the budget. You want to open parks? Talk to 8 the leader of your party, Governor Paterson, 9 and have him sign an executive order. So this 10 is not about parks, this is about a tax. 11 Now, when I've asked some of my 12 colleagues who's going to pay this tax, 13 there's a moving target. You can't get an 14 answer. So let me tell you who's going to pay 15 it. Because when you impose fees to the tune 16 of millions of dollars, we know who pays every 17 single time. It's the families and businesses 18 across this great state. 19 So we know we're going to lose 20 jobs. Once again, we know hardworking 21 families are going to find it tougher to make 22 ends meet. And let me tell you about some of 23 the things that are going to cost more in the 24 State of New York. Computers, televisions, 25 printers, iPods, MP3 players, maybe your dry

Candyco Transcription Service, Inc. 1 cleaning bill -- no one can seem to figure out 2 whether or not that's going to cost more. But 3 I'll tell you, we know that it's the people 4 who are going to pay this bill. 5 It's not the right thing to do, 6 it's the wrong thing to do. Let's not make 7 believe that this is a parks bill. This is 8 Trojan horse within which is a whole host of 9 new fees and taxes. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Lanza to be recorded in the negative. 12 Senator Serrano, to explain his 13 vote. 14 SENATOR SERRANO: Thank you, 15 Mr. President. 16 I want to thank the Governor and 17 the legislative leaders for coming up with a 18 plan that will keep our parks open in time for 19 Memorial Day weekend. This weekend accounts 20 for a huge percentage of revenue that parks 21 would generate all year. And more 22 importantly, the parks, which we all talk so 23 much about, and we've had bipartisan support 24 and agreement on the issue of saving parks -- 25 disagreement on how to do it, understandably.

Candyco Transcription Service, Inc. 1 But again, I think none of us disagree on the 2 importance of our parks, on the transformative 3 effect that parks have on our communities and 4 in our state. 5 And in a time of economic recession 6 where residents will be staying closer to 7 home, will be traveling to less faraway 8 places, our state parks become more valuable 9 than ever. They are the jewel for the State 10 of New York. And they generate revenue to the 11 tune of five to one, meaning every dollar 12 invested in parks will generate $5 in revenue. 13 However, in a budget that has 14 tremendous pain in all areas, even though 15 there is a bill here to save parks in time for 16 this weekend, Parks is still absorbing a major 17 cut in this budget, as is all state agencies. 18 But again, we needed to have these 19 parks open in time for this weekend and for 20 this summer. And I'm very happy and very 21 pleased that we've done it in time for the 22 weekend. 23 Thank you. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Serrano, how are you going to be

Candyco Transcription Service, Inc. 1 voting? 2 SENATOR SERRANO: Yes. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Serrano to be recorded in the 5 affirmative. 6 Senator Liz Krueger. 7 SENATOR LIZ KRUEGER: Thank you. 8 I rise to support this bill. 9 I'm a little confused about some of 10 the reasons some of my colleagues are voting 11 no. Yes, it's the last day, but it's a good 12 day to vote to keep the parks open, 13 particularly around Memorial Day. 14 And people seem to be a little 15 confused about all these taxes. This bill 16 only increases minor fees on people who are 17 hazardous waste generators. $2.1 million out 18 of the $4 million in taxes statewide in this 19 bill are to affect the hazardous waste 20 generator fee. 21 And you know what? Over 377 small 22 businesses are going to have their fees 23 decreased with this bill, and about 70 larger 24 polluters are going to have their fees 25 somewhat increased but capped quite low, at

Candyco Transcription Service, Inc. 1 $800,000 maximum per company. 2 So it will encourage large 3 companies to decrease the production of 4 hazardous waste -- a good thing in an 5 environmental bill, I think. It will decrease 6 the fees on the vast majority of small 7 businesses impacted. 8 And you know what? The people who 9 get hit with the e-waste fee actually support 10 the bill. They recognize that this is the 11 21st century. We want to be decreasing 12 e-waste, we want to be decreasing hazardous 13 waste, we want the zoos open, we want the 14 gardens open, we want the parks open. 15 Finally, we're getting this done. 16 I vote yes. Thank you. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Liz Krueger to be recorded in the 19 affirmative. 20 Senator Adams, to explain his vote. 21 SENATOR ADAMS: Just quickly, 22 Mr. President. 23 The parks are important. And, you 24 know, people could disagree with, you know, 25 some of the ways it's been done. But to the

Candyco Transcription Service, Inc. 1 average family member who can't afford to go 2 to some distant island somewhere on the 3 holiday, this is a real issue. This is a 4 kitchen table, bread-and-butter issue. 5 And we could articulate reasons 6 why. But when a person shows up with their 7 family because they can't afford a movie at 8 $14 a ticket on a family of four, they can't 9 afford to fly out somewhere, gas is too 10 high -- free locations are important to 11 families. And why we have a budget or why we 12 don't have a budget, tell that to a family of 13 four that's trying to get into a place to 14 entertain their family this weekend. 15 This is an important bill. The 16 parks have to be open. They must be open over 17 this holiday. They must be open over the 18 summer so our children can have alternative 19 means of interacting with their family. 20 I support this bill. And I'm 21 pretty sure there's reasons why this is not a 22 perfect bill. I have yet to see a perfect 23 bill in this chamber since I was here. But I 24 do know the members of my district and all 25 throughout this state, families want to go

Candyco Transcription Service, Inc. 1 somewhere with their families throughout this 2 weekend. And I think this is a way of doing 3 it. We had an obligation of ensuring the 4 parks stay open. 5 I vote aye. Thank you. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Adams to be recorded in the 8 affirmative. 9 Senator Larkin, to explain his 10 vote. 11 SENATOR LARKIN: Thank you, 12 Mr. President. 13 You know, we keep looking around 14 here, we're going to save money, we're going 15 to tax this, a little bit of that. Let's cut 16 out the BS. This is about raising taxes. If 17 we were so interested in the parks -- when 18 Senator Serrano put his bill out, we all voted 19 for it. There was nothing in there about 20 money, not a penny. The statements were made 21 to John that the money was in there, there was 22 plenty of money to pay all these bills. 23 But now all of a sudden we've got 24 dry cleaners worrying about it, we got 25 manufacturing businesses worrying about it.

Candyco Transcription Service, Inc. 1 We're talking about -- and we're talking on a 2 Friday afternoon when half the country is on 3 vacation. 4 Sure, you want to have the parks 5 open. But the Governor gave us his budget way 6 back in January. Stop trying to push over 7 that you're doing this to open the parks. 8 You're doing this to raise taxes. And in the 9 campaign, we'll see: "Look at this, he voted 10 to increase taxes." Of course, those of you 11 who vote for it will say "We voted to open the 12 parks." Come on, this is a lie. A good cop 13 would call it a cover-up. 14 But we're kidding ourself if we're 15 going to say here this was all done for the 16 parks. It's not. Done in the dark, none of 17 us had anything to do with it. We got a deal, 18 we don't have a deal, we got a deal, we don't 19 have a deal. You got a deal; you won it. But 20 then when the businesses start leaving the 21 state, and the Census Bureau says we have a 22 million less than we did 10 years ago and 23 we're going to lose a Congressman, look in the 24 mirror at yourself. 25 This is a terrible vote. I vote

Candyco Transcription Service, Inc. 1 no. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Larkin to be recorded in the negative. 4 Senator Padavan, to explain his 5 vote. 6 SENATOR PADAVAN: Mr. President, 7 you know, I'm all for penalizing people, 8 Senator Krueger, who are guilty of polluting 9 our environment. Not only penalize them but 10 put them in jail. 11 But that's not who we're talking 12 about here today. You have an iPad, perhaps, 13 or a cellphone, a TV set, a computer, and on 14 and on, the list of products that you own or 15 are in your office that are manufactured and 16 in the process produce some degree of 17 hazardous waste. Those are the manufacturers 18 we're talking about here. 19 Even our hospitals, and I don't 20 think you would call them a polluter, produce 21 a great deal of hazardous waste. And that 22 waste has to be disposed of in an appropriate, 23 reasonable way. 24 Now, to tax those people who are 25 manufacturers and providers of services and

Candyco Transcription Service, Inc. 1 healthcare in the fashion that this bill does 2 isn't dealing with polluters. It's dealing 3 with employers, producers, whom we've been 4 losing in this state in great amounts over an 5 extended period of time, who go elsewhere. 6 And all this bill will do, it will make it 7 even more feasible for them to do so. 8 I vote nay. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Padavan to be recorded in the 11 negative. 12 Are there any other Senators who 13 wish to explain their vote? 14 Senator Alesi, to explain his vote. 15 SENATOR ALESI: Thank you, 16 Mr. President. I thought I was on the list. 17 But probably an auspicious time to 18 wrap things up here, because I see things that 19 I think maybe some of my colleagues have not 20 seen. And that is the interdependency of one 21 business on another, not only in this state 22 but in this country. 23 And so some point was made that 24 some businesses, the big polluters, those 25 manufacturers that are mostly upstate are

Candyco Transcription Service, Inc. 1 going to get taxed more and yeah, they 2 probably should. And some others are going to 3 get taxed less, so that's why this is a good 4 bill. 5 The fact of the matter is that 6 businesses depend upon each other in this 7 state. There's no business that makes 8 something that it doesn't market to the 9 general public or to other businesses. So 10 just saying that one business is going to get 11 taxed a little more and another is going to 12 get a little less, that doesn't wash. 13 What this is is it's a tax and fee 14 increase at a time when even the new nominee 15 for the Democrat gubernatorial race is saying 16 no, we need to create jobs and focus on jobs, 17 and one of the ways we do that is to get away 18 from this tax-and-fee mentality. And I agree 19 with him on that. I applaud him. 20 But I do not applaud this thing 21 that's masquerading as a parks-opening bill. 22 This is not a parks-opening bill. This is a 23 business-closing bill. And make no mistake 24 about that, when you close businesses, you 25 shut down jobs. When you shut down jobs, you

Candyco Transcription Service, Inc. 1 further cripple an economy. 2 I don't see how anybody can embrace 3 this. I don't see how anybody can vote on 4 this, masquerading as if it's going to open up 5 the parks. We're negotiating a budget item in 6 isolation. And what's it going to be next 7 week? What are we going to do next week, what 8 issue are we going to do next week outside of 9 the budget process? 10 What we need to do here, my 11 colleagues, is understand that the budget 12 would take care of this. And it would take 13 care of it without doing to the EPF what we 14 did a couple of weeks by transferring money 15 out of NYPA, out of the Power Authority. 16 This is not a good bill for 17 New York State -- 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Alesi -- 20 SENATOR ALESI: -- it's not a 21 good bill for job retention and creation, it's 22 certainly -- 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Alesi, how do you vote? 25 SENATOR ALESI: -- not a good

Candyco Transcription Service, Inc. 1 bill for anybody. I have to vote no. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Alesi to be recorded in the negative. 4 Senator Ranzenhofer, to explain his 5 vote. 6 SENATOR RANZENHOFER: Thank you, 7 Mr. President. 8 I will also be voting no on this 9 bill. This is a job-killing piece of 10 legislation. What it does is it increases 11 fees and taxes on manufacturing companies, 12 many of them upstate. And what happens when 13 you have another nail in the coffin, it's just 14 very hard for these companies to recover. 15 What's happening here is that as 16 fees increase, companies close down. And when 17 companies close down and you have to tell your 18 employees "We're laying you off, you don't 19 have any job anymore," it's no consolation 20 that you tell them that "You can now go to a 21 free park." That's not a good thing to tell 22 someone that you have to lay them off after 23 you're closing down your company, after you're 24 shedding your employees. 25 As Senator Alesi said, this is a

Candyco Transcription Service, Inc. 1 job-killing bill. This hurts Buffalo, Niagara 2 Falls, Rochester, Syracuse. This hurts the 3 entire upstate area because it increases fees, 4 it's going to hurt consumers. Because who's 5 going to pay for this? This is going to be 6 passed along to consumers, paying more for 7 televisions. So not only do taxes increase, 8 fees increase, consumer goods increase. 9 This is bad all around. I'll be 10 voting no. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Ranzenhofer to be recorded in the 13 negative. 14 Senator Perkins, to explain his 15 vote. 16 SENATOR PERKINS: Thank you very 17 much, Mr. Chairman. 18 This is a very simple bill, in a 19 way. You know, either you want the parks open 20 or you want them closed. Those who want them 21 closed will find any reason to close them. 22 And those who want them open will find good 23 reasons to keep them open. 24 I think those who vote to close 25 these want them closed. Those of us who want

Candyco Transcription Service, Inc. 1 them open will vote yes for them to be open. 2 And I think that for our constituents, that's 3 the right vote. They will not be able to wade 4 through the intricacies that one might put 5 before us that really don't add up to a good 6 reason to close them. 7 So again, I vote aye because I 8 think the parks need to be open for the 9 families and the communities that are waiting 10 to enjoy them for the summer. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Perkins to be recorded in the 13 affirmative. 14 Senator Parker, to explain his 15 vote. 16 SENATOR PARKER: Thank you very 17 much, Mr. President, to explain my vote. 18 Like Senator Perkins indicated, 19 either you want the parks open or you want 20 them closed. This is a tough year for us. 21 This is a tough budget. We're trying to do 22 the best we can to get this thing done. 23 But we also have to get the facts 24 straight. And so to help out some of my 25 colleagues who apparently could not read the

Candyco Transcription Service, Inc. 1 bill correctly, you should understand the math 2 in this is that actually small businesses 3 actually benefit from this bill. So if you 4 vote against this bill, actually you're voting 5 against small businesses, because their fees 6 become lower in the ways that the fees have 7 been reassessed. 8 When you look at hospitals, 9 hospitals are paying lower fees under this 10 bill. So if you want to protect your 11 hospital, you have to vote yes for this bill. 12 Mr. President, I'm voting yes 13 because the parks are important, particularly, 14 again, coming into a Memorial Day weekend 15 where we are going to have lots of families 16 going out to those parks. And I think Senator 17 Adams laid it out very much correctly. 18 Tourism is at the heart of economic 19 development in this state. And for many of 20 us, particularly some of my colleagues on the 21 other side of the aisle, I can't believe that 22 you would even fathom voting against this, 23 because for many of you this is important. 24 You who represent the Allegany 25 region -- and I want to say Senator Volker is

Candyco Transcription Service, Inc. 1 in that area -- 1.9 million visitors, 860 jobs 2 created, and $62 million in related sales are 3 generated in that area. 4 If you represent Saratoga and the 5 Capital Region, like Senator McDonald, 6 3.3 million visitors to state parks, 2,929 7 jobs created and $249 million in related sales 8 and generated output at Saratoga Spa and other 9 places. 10 If you represent the Finger Lakes 11 region, like I want to say Senator Nozzolio 12 does, about 3 million visitors are going to 13 visit that area this year. About 1,776 jobs 14 created and $141 million in related sales. 15 Senator Lanza, who got up and 16 spoke, Senator Lanza, if he's voting no -- 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Parker -- Senator Parker, how do you 19 vote? 20 SENATOR PARKER: I'm voting no, 21 even though -- I'm voting yes, even though 22 Senator Lanza is voting no -- 23 (Catcalls, applause.) 24 SENATOR PARKER: -- I'm voting 25 yes because there's going to be 4.5 million

Candyco Transcription Service, Inc. 1 jobs in New York City and 716 jobs created -- 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Parker -- Senator Parker -- 4 SENATOR PARKER: -- and 5 $61 million that Senator Lanza is going to 6 vote against. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Parker, your time is up. 9 Senator Parker to be recorded in 10 the affirmative. 11 Senator Diaz, to explain his vote. 12 SENATOR DIAZ: Thank you, 13 Mr. President. 14 As the chairman of the Aging 15 Committee representing over 3 million senior 16 citizens in the State of New York, I'm 17 thinking that we have a long weekend, Memorial 18 Day, where we honor all those veterans and 19 those people that, you know, that served in 20 the armed forces and their loved ones. And to 21 close parks, to close parks on this weekend 22 and to hold senior citizens hostage is a 23 crime. It is a crime. 24 I believe that we could find a lot 25 of reasons why not to vote for it or why to

Candyco Transcription Service, Inc. 1 vote for it. But I'm thinking of senior 2 citizens. They would like to go out this 3 weekend, go out, the senior citizens of every 4 Senate district here. And to tell those 5 senior citizens you cannot go out this 6 weekend, we're going to hold you hostage, and 7 stay home, lock yourself up, is abusive. 8 So, ladies and gentlemen, let's 9 stop the nonsense, let's stop the talking, 10 let's vote yes. And let's do it for our 11 senior citizens, so they can enjoy the long 12 weekend that they deserve. 13 I'm voting yes. Bodegueros too. 14 Taxi drivers, yes. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Diaz to be recorded in the 17 affirmative. 18 Senator Libous, to explain his 19 vote. 20 SENATOR LIBOUS: Mr. President, I 21 rise on this issue for a number of reasons and 22 feel obligated to answer some of the 23 statements that have been made as I explain my 24 vote. 25 First of all, Memorial Day weekend

Candyco Transcription Service, Inc. 1 is not about opening the parks, it's about 2 honoring the men and women who have served our 3 country, those who have left us because 4 they've given the ultimate sacrifice and those 5 who have served in our home with us. That's 6 what Memorial Day weekend is about. 7 If you really wanted to open the 8 parks, you would have passed the budget on 9 April 1st. Then the parks would be open. And 10 quite frankly, have they been maintained? I 11 don't believe that anybody is in any of the 12 parks right now, because they're closed. 13 Therefore, between the time this 14 bill supposedly passes and the time that the 15 parks are going to open whenever this weekend, 16 they've got to cut the grass, they've got to 17 find lifeguards, they've got to go out and 18 hire people. Now, if they've already done 19 that, then I have to scratch my head and ask 20 why, because I thought there was a hiring 21 freeze, I thought there was no budget, I 22 thought we did emergency bills, the Governor 23 wanted to furlough employees. 24 Let's cut the nonsense here. 25 Everybody in this chamber loves and supports

Candyco Transcription Service, Inc. 1 the state parks. But the real issue is 2 there's no budget. The budget was due on 3 April 1st to keep the state running and 4 functioning. The parks would be open. 5 So let's not posture back and forth 6 about hazardous waste and job -- the fact is, 7 the budget needs to get done, the parks will 8 open and the people of this state will enjoy 9 them. And hopefully that we will all do what 10 we need to do on Memorial weekend and honor 11 those who served our country. 12 I vote no. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Libous to be recorded in the negative. 15 Senator Saland, to explain his 16 vote. 17 SENATOR SALAND: Thank you, 18 Mr. President. 19 Mr. President, if my recollection 20 serves me correctly, I and the members of this 21 side of the aisle have voted some five times 22 in favor of keeping the parks open -- four 23 times by way of amendment, which was defeated, 24 and a fifth time, I believe unanimously, in 25 support of Senator Serrano's bill. Which

Candyco Transcription Service, Inc. 1 again, as has been repeated several times, we 2 were advised was capable of being supported by 3 existing funds in the extenders. 4 There was no reason to have to tie 5 a parks-opening bill to a bill raising taxes 6 and fees. I mean, there's simply no 7 connection between the two. Nor should there 8 be any connection between the two. 9 And if I look at the clock, it's 10 approximately 25 minutes after 2:00 on the 11 Friday of Memorial Day weekend. And 12 notwithstanding the very cogent comments of 13 Senator Libous about the purpose of this 14 weekend, there are people who do want to take 15 advantage of the state parks system. But 16 2:30, nearly, on the Friday of Memorial Day 17 weekend is a rather late starter. And I'm not 18 sure everybody is going to be up to the task 19 of miraculously getting up and running, as was 20 previously indicated by Senator Libous. 21 Mr. President, I'm going to vote no 22 on this bill, not because I don't embrace the 23 idea of our parks being open -- as I've done 24 five times prior to this date -- but because I 25 am deeply troubled by the commitment to

Candyco Transcription Service, Inc. 1 continuing increasing taxes and fees. 2 Thank you, Mr. President. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Saland to be recorded in the negative. 5 Senator Smith, to close. 6 SENATOR SMITH: Thank you very 7 much, Mr. President. 8 To the 11 regions around the State 9 of New York, the parks will be open. To the 10 20,000 jobs or more that will be created by 11 the parks being open, the parks will be open. 12 To the $1 billion or more in sales that we 13 will get by virtue of the parks being open, 14 that will generate revenue to be recycled in 15 the State of New York, the parks will be open. 16 And to the close to 55 million 17 visitors who will be visiting those parks 18 throughout the summer, you should know that 19 you can continue to make your plans because 20 the Senate today has been responsive and we 21 are acting appropriately in voting to make 22 sure that our parks will be open. 23 Mr. President, I will be voting 24 yes. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Smith to be recorded in the 2 affirmative. 3 Senator Fuschillo, to explain his 4 vote. 5 SENATOR FUSCHILLO: Thank you, 6 Mr. President, just quickly. 7 I want to thank Senator Serrano, 8 who put a bill before us the other day that we 9 all supported that did the right thing, but it 10 found the money. 11 You know, Senator Smith, you talk 12 about all these new jobs and everything. I 13 feel bad for the businesses that are going to 14 have to pay for this in new fees and new 15 taxes. 16 You know, what do we want, the 17 distinction to be ahead of New Jersey as the 18 highest-taxed state in the country? We are 19 the most unfriendly-to-business state in the 20 country. We are number one in interstate 21 migration, where people are moving out of 22 New York State and going to other states in 23 the country. 24 Those are distinctions that you 25 guys, the Governor and the Assembly, should be

Candyco Transcription Service, Inc. 1 ashamed of. Because this bill, while you 2 sound its virtues of new jobs and everything 3 that is going to happen this weekend, I don't 4 know how 20,000 people are going to be 5 employed tomorrow. It's not going to happen. 6 But what's going to happen is 7 businesses, because of what you're doing, are 8 going to pay more in taxes and more in fees. 9 I vote no, Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Fuschillo to be recorded in the 12 negative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 663 are 16 Senators Alesi, Bonacic, DeFrancisco, Farley, 17 Flanagan, Fuschillo, Golden, Griffo, Hannon, 18 O. Johnson, Lanza, Larkin, LaValle, Leibell, 19 Libous, Little, Marcellino, Maziarz, McDonald, 20 Nozzolio, Padavan, Ranzenhofer, Robach, 21 Saland, Skelos, Volker and Young. 22 Ayes, 32. Nays, 27. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 The Secretary will continue to

Candyco Transcription Service, Inc. 1 read. 2 THE SECRETARY: In relation to 3 Calendar Number 664, Senator Smith moves to 4 discharge, from the Committee on Finance, 5 Assembly Bill Number 11309 and substitute it 6 for the identical Senate Bill Number 7989, 7 Third Reading Calendar 664. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Substitution ordered. 10 THE SECRETARY: Calendar Number 11 664, by the Assembly Committee on Rules, 12 Assembly Print Number 11309, an act making 13 appropriations for the support of government. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, is 17 there a message of necessity and appropriation 18 at the desk? 19 ACTING PRESIDENT CRAIG JOHNSON: 20 There is a message of necessity and 21 appropriation at the desk. 22 SENATOR KLEIN: Mr. President, I 23 move to accept the message at this time. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The question is on the acceptance of the

Candyco Transcription Service, Inc. 1 message of necessity and appropriation. All 2 those in favor please signify 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 message is accepted. 9 Read the last section. 10 SENATOR LIBOUS: Lay the bill 11 aside. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: In relation to 17 Calendar Number 665, Senator Oppenheimer moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 11310 and substitute it 20 for the identical Senate Bill Number 7990, 21 Third Reading Calendar 665. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 665, by the Assembly Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Print Number 11310, an act to amend 2 the Education Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, is 6 there a message of necessity at the desk? 7 ACTING PRESIDENT CRAIG JOHNSON: 8 There is a message of necessity at the desk, 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 move we accept the message of necessity at 12 this time. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The question is on the acceptance of the 15 message of necessity. All those in favor 16 please signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Opposed say nay. 20 (No response.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The message is accepted. 23 Read the last section. 24 SENATOR LIBOUS: Lay the bill 25 aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is laid aside. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: In relation to 6 Calendar Number 666, Senator Oppenheimer moves 7 to discharge, from the Committee on Education, 8 Assembly Bill Number 11171 and substitute it 9 for the identical Senate Bill Number 7991, 10 Third Reading Calendar 666. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 666, by Member of the Assembly Nolan, Assembly 15 Print Number 11171 -- 16 SENATOR LIBOUS: Lay the bill 17 aside. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is laid aside. 20 The Secretary will continue to 21 read. 22 THE SECRETARY: In relation to 23 Calendar Number 667, Senator Oppenheimer moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 11311 and substitute it

Candyco Transcription Service, Inc. 1 for the identical Senate Bill Number 8001, 2 Third Reading Calendar 667. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 667, by the Assembly Committee on Rules, 7 Assembly Print Number 11311, an act to amend 8 the Education Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, is 12 there a message of necessity at the desk? 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Klein, there is a message of necessity 15 at the desk. 16 SENATOR KLEIN: Mr. President, I 17 move we accept the message of necessity at 18 this time. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The question is on acceptance of the message 21 of necessity. All those in favor please 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The message is accepted. 4 Read the last section. 5 SENATOR LIBOUS: Lay the bill 6 aside. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside. 9 Senator Klein, that completes the 10 reading of the noncontroversial supplemental 11 active list. 12 SENATOR KLEIN: Mr. President, at 13 this time can we please go to a reading of the 14 controversial supplemental calendar. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will ring the bell. 17 Members are all asked to come to 18 the chamber for the reading of the 19 supplemental active list. And I ask that all 20 members, when they come in, to stay in the 21 chamber unless we are put into recess at that 22 time. 23 The Secretary will please ring the 24 bell. 25 The Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 662, substituted earlier today by Member of 3 the Assembly Abbate, Assembly Print Number 4 11144, an act to provide a temporary 5 retirement incentive. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Libous, why do you rise? 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 There's an amendment at the desk by 11 Senator Griffo. I ask that you waive its 12 reading and please call on Senator Griffo. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Griffo, your amendment is here at the 15 desk. Without objection, the reading is 16 waived. And, Senator Griffo, you may speak on 17 the amendment. 18 SENATOR GRIFFO: Thank you, 19 Mr. President. 20 Our motivation has to be in 21 achieving real and significant savings. And 22 in 1995, then-Comptroller McCall did a study 23 on many of the incentive programs that were 24 offered. And in just one example, he 25 illustrated that in 1983, when an incentive

Candyco Transcription Service, Inc. 1 program was offered, 8,000 people took 2 advantage of the incentive program. But the 3 administration at the time forecast that 4 between '83 and '85 the workforce would 5 actually grow by 3,000. 6 So this amendment does essentially 7 three things. As a result of identifying and 8 eliminating the positions before the 9 retirement incentive program, it would require 10 that for 10 years they remain vacant. So 11 these positions eliminated would stay 12 eliminated. 13 Secondly, it would require the 14 Department of Civil Service to issue an annual 15 report that would monitor these new levels to 16 ensure that the lower levels are retained. 17 And then finally, it would require 18 the Division of the Budget to do a 19 cost-benefit analysis so that we can actually 20 assess how much we have actually saved. 21 So that's the essence of the 22 amendment, and I urge its adoption. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Are there any other Senators who wish to be 25 heard on the amendment?

Candyco Transcription Service, Inc. 1 Seeing none, the question is on the 2 nonsponsor motion to amend Calendar Number 3 662. Those Senators voting in support of the 4 nonsponsor amendment please raise your hands. 5 Announce the results. 6 THE SECRETARY: Ayes, 27. Nays, 7 22. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The motion fails. 10 Calendar 662 is before the house. 11 Read the last section. 12 THE SECRETARY: Section 16. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The Secretary will please ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 16. This 18 act shall take effect immediately. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Announce the results. 24 THE SECRETARY: Ayes, 58. Nays, 25 1. Senator Ranzenhofer recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 can you please recognize Senator Libous for an 7 announcement. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, 11 there will be an immediate and brief 12 Republican conference. And I mean real brief. 13 And so I would ask my colleagues not to wander 14 too far; we'll be right back. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Before I excuse you to go, again, a reminder, 17 as I previously said, will all members please 18 stay in the chambers before the vote so we can 19 get through the votes. 20 There will be an immediate meeting 21 of the Republican Conference in the Minority 22 Conference Room. A brief conference. 23 Senator Klein. 24 SENATOR KLEIN: In the meantime, 25 Mr. President, can we please stand at ease.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Klein, we will stand at ease. 3 (Whereupon, the Senate stood at 4 ease at 2:52 p.m.) 5 (Whereupon, the Senate reconvened 6 at 3:04 p.m.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Returning to the controversial calendar, 9 Calendar Number 664 is before the house. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 664, by the Committee on Rules, an act making 13 appropriations for the support of government. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Are there any Senators who wish to be heard? 16 Hearing none, the debate is closed. 17 Read the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 664 are 2 Senators Hannon, Larkin, LaValle and 3 Ranzenhofer. 4 Ayes, 55. Nays, 4. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 I remind members that we're on the 8 controversial supplemental calendar. I ask 9 for all members to stay within the chamber. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 665, substituted earlier today by the Assembly 13 Committee on Rules, Assembly Print Number 14 11310, an act to amend the Education Law. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will ring the bell, debate being 17 closed. 18 Read the last section. 19 THE SECRETARY: Section 28. 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 Senator Golden, to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Thank you, 2 Mr. President. 3 I rise today to speak of this 4 charter school bill. And had we not studied 5 this bill, the Assembly Speaker had mentioned 6 last time when I put my bill out to raise the 7 cap to 460, he said the ink wasn't even dry 8 yet. And that took three days to age. This 9 bill took no time to age. 10 And we found a ton of mistakes in 11 this bill, one leaving SUNY out of being one 12 of the agents that would be authorizing 13 charter schools. Another one with a cap of 14 2013. It took us 12 years to get 174 schools 15 done. How many more schools do you think we 16 would have got done by 2013? It will take us 17 20 before we get another 150 schools done. 18 So we found a lot of mistakes in 19 this bill. And then we find out that they 20 left the for-profits out of this. Could you 21 imagine what we see going on in Harlem, where 22 we had all of these great charter schools 23 doing great work, that the public school 24 system had to go out and find marketing 25 companies to bring in marketers to see how

Candyco Transcription Service, Inc. 1 they could market their product to make 2 education better for children, to be able to 3 do after-schools programs and morning and 4 weekend programs and raise the level of all 5 the children in our public school system, 6 parochial system and our charter school system 7 and our private school system. 8 And that's what this was all about, 9 is trying to get our children the best 10 education that they can get. Ladies and 11 gentlemen, where do you get a corporation that 12 wants to open up right in the City of New 13 York? We've got to beg some companies to come 14 in and we've got to give them all sorts of tax 15 incentives. These companies, these charter 16 schools, when they came in, they paid taxes. 17 They hire hundreds of employees. And guess 18 what? They pay real estate taxes, they pay 19 employee taxes, they generate the economics in 20 our communities. 21 And here we are today throwing out 22 the for-profits in a charter school bill. 23 What a backward way to go. And we're trying 24 to get money from the federal government on a 25 Race to the Top? This is not a race to the

Candyco Transcription Service, Inc. 1 top, ladies and gentlemen. This is slowing 2 progress down. And we shouldn't have done 3 this. 4 Ladies and gentlemen, it may be 5 $700 million. I doubt that we get -- 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Golden, how do you vote? 8 SENATOR GOLDEN: I will be voting 9 no on this bill. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Golden to be recorded in the negative. 12 Senator Saland, to explain his 13 vote. 14 SENATOR SALAND: Thank you, 15 Mr. President. 16 On more than one occasion I have 17 stood up and prefaced my remarks by saying I 18 certainly welcome the idea of competition in 19 any venue, and education would be included as 20 among any venue. 21 My concern with this bill, as the 22 prior bills, is that charter schools are a 23 zero-sum game. And as we all know, there's no 24 additional funding to speak of. And the money 25 basically follows the student, including the

Candyco Transcription Service, Inc. 1 real property tax, that goes from one district 2 to another in some of these instances. 3 And I have implored this house to 4 try and provide an element of local control so 5 that in fact we can do what some 40 percent of 6 the other states that have charter schools do, 7 which is have some local input in these 8 decisions. And I just want to call your 9 attention to the fact that the scoring rubric 10 for Race to the Top actually provides a 11 priority for those applications that 12 demonstrate local school district support. 13 This bill, however, goes on to say 14 in part -- and I'm looking at page 5 -- in 15 order to deal to deal with the saturation 16 problem, which certainly is a problem for 17 certain districts -- that those who charter -- 18 in this case, the Board of Regents, until this 19 bill is amended -- should seek to locate 20 charter schools in a region or regions where 21 there may be a lack of alternatives and access 22 to charter schools would provide new 23 alternatives within the local public education 24 system. 25 I fear what that means,

Candyco Transcription Service, Inc. 1 particularly since the Race to the Top money 2 is primarily Title I money, that small city 3 school districts, for those of you who 4 represent small city school districts, are 5 going to become the next great venue for 6 charter schools. And again, zero-sum game. 7 No additional money. We now how badly small 8 city schools struggle. There are 52 of them 9 who are faced with enormous problems. And yet 10 they all in all likelihood will see the next 11 wave of applications under this legislation. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Saland, how do you vote? 14 SENATOR SALAND: Mr. President -- 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Your two minutes are up, Senator Saland. How 17 do you vote? 18 SENATOR SALAND: I vote in the 19 negative. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Saland to be recorded in the negative. 22 Senator Oppenheimer, to explain her 23 vote. 24 SENATOR OPPENHEIMER: I would be 25 remiss if I didn't take this opportunity to

Candyco Transcription Service, Inc. 1 thank certain people who have worked very, 2 very hard on this. And so I want to 3 specifically thank Chancellor Meryl Tisch and 4 the Board of Regents and the Department of Ed, 5 State Department, and Commissioner David 6 Steiner, who I understand is with us in the 7 gallery, for their leadership and very, very 8 hard work. 9 This has been an immense challenge 10 for the teacher organizations that have come 11 forth and helped and the charter school groups 12 who have helped. 13 And as you know, a few weeks ago I 14 voted against the charter cap going to 460 in 15 the bill that was before us. And I did that 16 because I said that there was absolutely no 17 way that I could see any accountability or any 18 transparency in the bill that would let us 19 have confidence that people are doing the 20 things they're supposed to be doing. 21 So now we have that in this bill. 22 We will be able to see where there are 23 conflicts of interest on the board of 24 trustees. We are going to have the 25 Comptroller audit these various charter

Candyco Transcription Service, Inc. 1 schools. 2 We were also concerned about the 3 underserved population, and specifically that 4 is mentioned here. So we have enrollment 5 targets that have to be met and retention of 6 students that are not being well served 7 because they're English-language learners or 8 because they're disabled or because they are 9 poorer children. 10 The co-location, which I mentioned 11 a couple of weeks ago, also is handled well in 12 this bill. 13 And the only thing that's left out 14 which had me very concerned, and still does, 15 is the saturation piece. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Oppenheimer, how do you vote? 18 SENATOR OPPENHEIMER: Okay, I 19 vote yes. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Oppenheimer to be recorded in the 22 affirmative. 23 Senator Perkins. 24 SENATOR PERKINS: Thank you, 25 Mr. Chair. I just want to take a moment to

Candyco Transcription Service, Inc. 1 explain my vote. 2 I first want to commend all sides 3 for the hard work that everyone put into this 4 issue in arriving at this moment. 5 Obviously, nothing is more 6 important to me than the education of all of 7 our children. And as I've expressed in the 8 past and as my hearings have revealed, there 9 are real challenges, real concerns regarding 10 transparency and accountability of the charter 11 schools, their accessibility for special ed 12 and non-English-speaking students as well as 13 children in shelters. 14 And favoritism of charters over the 15 traditional public schools is a major concern. 16 They serve a small percentage of our children 17 at the expense of public schools that serve 18 90 percent of public school families. 19 I have said that this bill makes 20 important progress in providing independent 21 auditing, making the charter schools more 22 accountable and open, and advances New York 23 State's efforts in the Race to the Top, at a 24 time when people are struggling and our budget 25 situation is worse than ever.

Candyco Transcription Service, Inc. 1 For these reasons and more, I will 2 vote for this compromise. However, this is 3 not an end to the process. I will continue my 4 hearings to make sure our children are being 5 served. We must still better address the 6 issues and problems of co-location and 7 saturation and the policy of privatizing 8 public education, also often at the expense of 9 traditional public schools and resegregation 10 of the public school system. 11 I vote aye. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Perkins to be recorded in the 14 affirmative. 15 Senator Klein. 16 SENATOR KLEIN: Thank you, 17 Mr. President. 18 I think this has been certainly a 19 long road, and unfortunately one that was 20 filled with sometimes heightened rhetoric. 21 But I think, thanks to some leadership, 22 especially Chancellor of the Board of Regents 23 Meryl Tisch and some others, we kept our eye 24 on the prize. 25 Whether or not you support charter

Candyco Transcription Service, Inc. 1 schools -- I certainly do -- whether or not 2 you support reforming our education system, 3 this was really and always should have been 4 about submitting the most competitive 5 application for Race to the Top. 6 Regardless of the fact of whether 7 or not money is restored from the budget, 8 which I hope it is, for education, this is 9 certainly $300 million, maybe $700 million in 10 education funding that improves our public 11 school system. And for New York not to be 12 able to put in the most competitive 13 application by raising the cap on charters -- 14 and by the way, holding charters accountable 15 to the parents, to the teachers is something 16 that's very, very important. 17 So I'm finally hopeful, even though 18 we're approaching the deadline very, very 19 quickly, that this legislation that we did 20 here today will ensure that we're at least 21 competitive and we get our fair share of 22 federal dollars for education here in New York 23 State. 24 I vote yes, Mr. President. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Thank you, Senator. 2 Senator Klein to be recorded in the 3 affirmative. 4 Senator Huntley, to explain her 5 vote. 6 SENATOR HUNTLEY: I think 7 everyone realizes I am definitely a public 8 school parent. For years I've supported 9 public schools. 10 I have many people in my district, 11 my constituents, who are charter parents. I 12 met with them, and I feel that parents have 13 rights and choices where they want to send 14 their children. When my children were 15 attending school, I wanted the right to send 16 them wherever I wanted to, and I did have that 17 right. So therefore, I am going to support 18 this. 19 But I must say this. When we come 20 to the table anytime to negotiate on charters, 21 to negotiate any educational problem that we 22 have in the Senate, I would like very much to 23 say we should include other organizations that 24 are involved in education, such as District 25 Council 37. They play a large role in my

Candyco Transcription Service, Inc. 1 district, and I think they too should be at 2 the table. 3 Thank you. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Huntley to be recorded in the 6 affirmative. 7 Senator Diaz, to explain his vote. 8 SENATOR DIAZ: Thank you, 9 Mr. President. Just to explain that I am 10 excited about this bill. 11 And all we wanted was to increase 12 the charter schools from 200 to 460. In my 13 district, charter schools are a godsend, a 14 blessing from heaven. So I'm a supporter of 15 charter schools. 16 I would like to express my 17 appreciation to the Governor, Governor 18 Paterson. He never give up. Never give up. 19 He said now we want to increase it, and he 20 stood firm. And today we can say we have 21 increased charter schools from 200 to 460. 22 And those many children that were waiting and 23 parents that were praying so they could have 24 an opportunity, today I can go back to my 25 district and say I did it for you, I voted for

Candyco Transcription Service, Inc. 1 you, we got it, we fought it, praise God, 2 praise be the Lord. 3 Okay, thank you very much. I am 4 voting yes. I am voting si. Thank you. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Diaz to be recorded in the 7 affirmative. 8 Senator Smith, to explain his vote. 9 SENATOR SMITH: Yes, thank you 10 very much, Mr. President. 11 Let me thank all my colleagues -- 12 Senator Suzi Oppenheimer, who sponsored the 13 bill; our leader, Senator Sampson, for his 14 effort and for his work. Also, I want to 15 thank Commissioner Steiner, who I know is in 16 the room, and also Meryl Tisch, for their 17 work. But I also want to thank the staff, 18 Kathy Grainger and the Education staff as 19 well, who did a lot of work. 20 What we are allowing at this point 21 is what is crucial to us with regard to Race 22 to the Top. But keep in mind that 90 percent 23 of that $700 million or whatever we receive, 24 being optimistic, goes to the public school 25 system.

Candyco Transcription Service, Inc. 1 This is about charter schools being 2 available and having choice for parents. It's 3 a good day for our parents. Just as we did 4 with the Parks Department, we understand that, 5 we recognize what's important to the people of 6 the state. And today we made it very clear to 7 them that we are capable and have the ability 8 to do the right thing. 9 So I'll be voting aye. Thank you. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Smith to be recorded in the 12 affirmative. 13 Senator Sampson, to close. 14 SENATOR SAMPSON: Thank you very 15 much, Mr. President. 16 I just want to first of all let 17 everyone know, nothing is more important than 18 the investment in our children and improving 19 their opportunities to receive this Race to 20 the Top funding. Raising the charter cap, 21 reforming charter schools, improving teacher 22 evaluation, and investing in tracking 23 educational outcomes will give us the needed 24 points to not only be in the running but to 25 hopefully win.

Candyco Transcription Service, Inc. 1 And I really want to thank the 2 chair of Education, Suzi Oppenheimer, for her 3 leadership to making sure that we are in the 4 running. And I want to thank you very much. 5 I also want to thank and 6 congratulate all of my colleagues for their 7 clear focus and direction and for their 8 investment in our children. 9 I also want to take time to thank 10 the Governor for his commitment and 11 dedication, Speaker Silver, Mayor Bloomberg. 12 Chancellor Tisch, thank you very much for your 13 commitment and your dedication. Also 14 Commissioner Steiner, thank you very much. 15 And all our partners in the labor movement and 16 in the charter school movement. 17 But one particular person I really 18 want to thank, and that is my friend and my 19 colleague Senator Perkins for his valuable 20 insight, his bold leadership of crucial 21 charter school hearings, and absolute 22 dedication in shaping the debate on charters 23 to increase transparency, oversight, 24 educational opportunity for our children. He 25 brought it all home, and he allowed all the

Candyco Transcription Service, Inc. 1 partners to get into the room to get this 2 thing done. 3 So I want to thank you very much, 4 because I know you took a lot of heat with 5 respect to this, Senator Perkins. And if you 6 did not lay the framework, I don't know if we 7 would have been at this place today. So I 8 want to thank you very much. 9 But once again, Mr. President, I 10 want to thank all my colleagues. We are not 11 only in the running, but I believe we have an 12 excellent opportunity to make sure we win Race 13 to the Top. 14 Thank you very much. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Sampson to be recorded in the 17 affirmative. 18 Senator Adams, to close. 19 SENATOR ADAMS: Thank you, 20 Mr. President. 21 I too will be voting aye. But I 22 just wanted to pause for a moment and join 23 Leader Senator Sampson in just acknowledging 24 Senator Perkins and Senator Velmanette 25 Montgomery, because they kept us in line

Candyco Transcription Service, Inc. 1 around this issue. And again, they took a lot 2 of heat for it. 3 And those of us who support 4 educational opportunities for parents, those 5 of us who support charter schools or public 6 schools, I just really want to thank you, 7 Senator Perkins and Senator Montgomery, for 8 making us realize we've got to ask the tough 9 questions. 10 And again, it just goes to show you 11 why it's so important to have diversity not 12 only in the makeup of our conference but in 13 the philosophy of our conference. We're not a 14 monolithic state, so we're not going to all be 15 in line. But if we come together and look at 16 those tough questions to come up with tough 17 answers, we can find solutions for our 18 children and ensure they can be on the right 19 road of education. 20 I will be voting aye. And I thank 21 you also, Senator Johnson, for your work 22 around this issue as well. I will be voting 23 aye. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Adams to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 665 are 5 Senators Farley, Flanagan, Golden, Griffo, 6 O. Johnson, Larkin, LaValle, Libous, McDonald, 7 Nozzolio, Padavan, Saland and Young. Also 8 Senator Maziarz. 9 Ayes, 45. Nays, 14. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 666, substituted earlier today by Member of 16 the Assembly Nolan, Assembly Print Number 17 11171, an act to amend the Education Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will ring the bell. The debate 20 is closed. 21 Read the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. Nays, 3 0. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 667, substituted earlier today by the Assembly 10 Committee on Rules, Assembly Print Number 11 11311, an act to amend the Education Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the same date and in 16 the same manner as a chapter of the Laws of 17 2010. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Debate is closed. The Secretary will ring the 20 bells. 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Saland, to explain his vote. 25 SENATOR SALAND: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 Mr. President, I didn't have the 3 opportunity to complete my remarks earlier. 4 And all I would like to say, this is one of 5 the compliance pieces for Race to the Top, and 6 we have this slavish if not orgasmic pursuit 7 of Race to the Top money. I just want to 8 somehow or other make this a little more 9 sobering. 10 Understand that were we fortunate 11 enough to get the $700 million, it will be 12 payable over four years. Seventy percent of 13 it goes to Title I schools; any number of 14 school districts will not be eligible for this 15 funding. That would amount to probably less 16 than 1 percent of what the state spends on 17 education, and overall probably a little more 18 than 3/10 of 1 percent what we spend statewide 19 for all. 20 So this is not manna from heaven 21 that somehow or other is going to miraculously 22 rescue us. And every single editorial that I 23 have seen has talked about $700 million. 24 There's not going to be $700 million delivered 25 to our doorstep, even if we succeed. So I

Candyco Transcription Service, Inc. 1 just want to give you a little more sobering, 2 long-range view. It's just not going to work 3 that way. 4 I'm certainly going to support 5 this, as I have supported the other compliance 6 measures here. But it's not manna from 7 heaven, and it's not the cavalry coming in 8 over the ridge, as many editorialists would 9 have you believe. It's just a relatively 10 modest amount of money to add to our education 11 efforts. 12 Thank you, Mr. President. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Saland to be recorded in the 15 affirmative. 16 I ask for a little bit of order in 17 the chamber. 18 Senator Oppenheimer, to explain her 19 vote. 20 SENATOR OPPENHEIMER: Well, I'm 21 going to do what Senator Saland did and just 22 continue what I was saying earlier, in that I 23 felt very strongly that we should have a piece 24 for saturation in these bills. And the 25 saturation is particularly painful in the

Candyco Transcription Service, Inc. 1 cities of Albany and Buffalo. 2 And so I am going to be working in 3 the direction of putting in a stand-alone bill 4 on that subject, because they need relief and 5 we must offer it to them. 6 I also felt that the for-profit 7 charters were valuable to us. And I had 8 suggested that we put in the same percentage 9 that we now have going forward, which would be 10 about 10 percent of all new charters. 11 I feel that if we had the oversight 12 of the Comptroller doing the audits, I think 13 we can keep a close eye on them. 14 And lastly, I want to congratulate 15 the courage that NYSUT and UFT had in the 16 changing of the evaluation for teachers. It 17 is a big step forward, and it will be a big 18 improvement. And it took a lot of courage and 19 vision for the unions to do that. So I 20 congratulate them. 21 I'll be voting aye. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Oppenheimer will be recorded in the 24 affirmative. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. Nays, 2 0. 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: Mr. President, is 9 there any further business at the desk? 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein, the desk is clear. 12 SENATOR KLEIN: There being no 13 further business, Mr. President, I move that 14 we adjourn at the call of the Temporary 15 President, intervening days to be legislative 16 days. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 There being no further business to come before 19 the Senate on motion, the Senate stands 20 adjourned at the call of the Temporary 21 President, intervening days being legislative 22 days. 23 (Whereupon, at 3:32 p.m., the 24 Senate adjourned.) 25

Candyco Transcription Service, Inc.