Monday, June 7, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 7, 2010 11 5:43 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR DIANE J. SAVINO, 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 SAVINO: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT SAVINO: Today's 10 invocation will be provided by the Reverend 11 Peter G. Young, of Mother Teresa Community 12 Church in Albany. 13 REVEREND YOUNG: Thank you, 14 Senator. Let us pray. 15 And let us remember all our 16 Senators so that they will guide our 17 government for a just and caring society. May 18 God strengthen them, lead them and give them 19 wisdom and understanding as they work for our 20 good and the good of all of our New York State 21 citizens. 22 It's not always easy to be gentle. 23 And in the political world, we're taught to be 24 tough, competitive and assertive. But there 25 are times when we like to be soothed and

Candyco Transcription Service, Inc. 1 treated gently. We treat packages with 2 gentleness when they are labeled "Fragile: 3 Handle With Care." 4 So we ask You, our compassionate 5 God, to give the sensitivity to our Senators 6 and the courage to be gentle with other 7 people. Help us to hear the anguish and the 8 hurt in other people and treat them with 9 kindly care. 10 Amen. 11 ACTING PRESIDENT SAVINO: The 12 reading of the Journal. 13 The Secretary will read. 14 THE SECRETARY: In Sunday, 15 June 6, the Senate met pursuant to 16 adjournment. The Journal of Saturday, June 5, 17 was read and approved. On motion, Senate 18 adjourned. 19 ACTING PRESIDENT SAVINO: Without 20 objection, the Journal stands approved as 21 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: Madam President, 7 on page number 36 I offer the following 8 amendments to Calendar Number 638, Senate 9 Print Number 1837A, and ask that said bill 10 retain its place on Third Reading Calendar. 11 ACTING PRESIDENT SAVINO: So 12 ordered. 13 SENATOR KLEIN: On behalf of 14 Senator Foley, on page number 14 I offer the 15 following amendments to Calendar Number 172, 16 Senate Print Number 4322A, and ask that said 17 bill retain its place on Third Reading 18 Calendar. 19 ACTING PRESIDENT SAVINO: So 20 ordered. 21 SENATOR KLEIN: Madam President, 22 on behalf of Senator Savino, on page number 32 23 I offer the following amendments to Calendar 24 Number 593, Senate Print Number 7452, and ask 25 that said bill retain its place on Third

Candyco Transcription Service, Inc. 1 Reading Calendar. 2 ACTING PRESIDENT SAVINO: So 3 ordered. 4 SENATOR KLEIN: Madam President, 5 on behalf of Senator Aubertine, I wish to call 6 up Print Number 6237, recalled from the 7 Assembly, which is now at the desk. 8 ACTING PRESIDENT SAVINO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 58, by Senator Aubertine, Senate Print 6237, 12 an act to amend the Highway Law. 13 ACTING PRESIDENT SAVINO: Senator 14 Klein. 15 SENATOR KLEIN: Madam President, 16 I now move to reconsider the vote by which 17 this bill was passed. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will call the roll on 20 reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. 23 ACTING PRESIDENT SAVINO: Senator 24 Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 I now offer the following amendments. 2 ACTING PRESIDENT SAVINO: 3 Amendments received. 4 SENATOR KLEIN: Madam President, 5 on behalf of Senator Peralta, I move that the 6 following bill be discharged from its 7 respective committee and be recommitted with 8 instructions to strike the enacting clause: 9 Senate Print Number 7317. 10 ACTING PRESIDENT SAVINO: So 11 ordered. 12 SENATOR KLEIN: Madam President, 13 on behalf of Senator Andrea Stewart-Cousins, 14 on page number 32 I offer the following 15 amendments to Calendar Number 590, Senate 16 Print Number 6651A, and ask that said bill 17 retain its place on Third Reading Calendar. 18 ACTING PRESIDENT SAVINO: So 19 ordered. 20 Senator Klein. 21 SENATOR KLEIN: Madam President, 22 I believe there are substitutions at the desk. 23 I ask that we make the substitutions at this 24 time. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: On page 39, 3 Senator Diaz moves to discharge, from the 4 Committee on Aging, Assembly Bill Number 2548 5 and substitute it for the identical Senate 6 Bill Number 7567, Third Reading Calendar 690. 7 ACTING PRESIDENT SAVINO: 8 Substitution ordered. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 can you please recognize Senator Libous for 12 some motions. 13 ACTING PRESIDENT SAVINO: Senator 14 Libous. 15 SENATOR LIBOUS: Madam President, 16 do you recognize me? 17 ACTING PRESIDENT SAVINO: I do. 18 SENATOR LIBOUS: Thank you, Madam 19 President. 20 On behalf of Senator DeFrancisco, 21 on page number 23 I offer the following 22 amendments to Calendar Number 390, Senate 23 Print 6464, and I ask that said bill retain 24 its place on the Third Reading Calendar. 25 ACTING PRESIDENT SAVINO: So

Candyco Transcription Service, Inc. 1 ordered. 2 SENATOR LIBOUS: Madam President, 3 on behalf of Senator Farley, I wish to call up 4 his bill, Print Number 1260A, recalled from 5 the Assembly, which is now at the desk. 6 ACTING PRESIDENT SAVINO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 91, by Senator Farley, Senate Print 1260A, an 10 act to authorize. 11 SENATOR LIBOUS: Madam President, 12 I now wish to reconsider the vote by which 13 this bill was passed. 14 ACTING PRESIDENT SAVINO: The 15 Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT SAVINO: Senator 20 Libous. 21 SENATOR LIBOUS: Madam President, 22 I offer up the following amendments. 23 ACTING PRESIDENT SAVINO: 24 Amendments received. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 I believe there's a resolution at the desk by 3 Senator Sampson. I ask that the title of the 4 resolution be read and move for its immediate 5 adoption. 6 ACTING PRESIDENT SAVINO: Senator 7 Klein, has this resolution been deemed 8 privileged and submitted by the office of the 9 Temporary President? 10 SENATOR KLEIN: Yes, it has, 11 Madam President. 12 ACTING PRESIDENT SAVINO: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Sampson, legislative resolution commending 16 Pastor Joseph Victor upon the occasion of 17 receiving the Men of Distinction Award on 18 June 10, 2010. 19 ACTING PRESIDENT SAVINO: Are 20 there any Senators that wish to be heard on 21 the resolution? 22 Seeing none, the question is on the 23 resolution. All those in favor please signify 24 by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT SAVINO: The 5 resolution is adopted. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 I believe there's another resolution by 9 Senator Sampson at the desk. I ask that the 10 title be read and move for its immediate 11 adoption. 12 ACTING PRESIDENT SAVINO: Senator 13 Klein, has this resolution been deemed 14 privileged and submitted by the office of the 15 Temporary President? 16 SENATOR KLEIN: Yes, it has, 17 Madam President. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Sampson, legislative resolution commending 22 William Scott Wilkins upon the occasion of 23 receiving the Men of Distinction Award on 24 June 10, 2010. 25 ACTING PRESIDENT SAVINO: Are

Candyco Transcription Service, Inc. 1 there any Senators wishing to be heard on the 2 resolution? 3 Seeing none, the question is on the 4 resolution. All those in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT SAVINO: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT SAVINO: The 11 resolution is adopted. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 I believe there's another resolution at the 15 desk by Senator Sampson. I ask that the title 16 of the resolution be read and move for 17 immediate adoption. 18 ACTING PRESIDENT SAVINO: Senator 19 Klein, has this resolution been deemed 20 privileged and submitted by the office of the 21 Temporary President? 22 SENATOR KLEIN: Yes, it has, 23 Madam President. 24 ACTING PRESIDENT SAVINO: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Sampson, legislative resolution commending 3 David Best upon the occasion of receiving the 4 Men of Distinction Award on June 10, 2010. 5 ACTING PRESIDENT SAVINO: Are 6 there any Senators wishing to be heard on the 7 resolution? 8 Seeing none, the question is on the 9 resolution. All those in favor signify by 10 saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT SAVINO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT SAVINO: The 16 resolution is adopted. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 I believe there's a resolution again by 20 Senator Sampson at the desk. I ask that the 21 title of the resolution be read and move for 22 its immediate adoption. 23 ACTING PRESIDENT SAVINO: Senator 24 Klein, has this resolution been deemed 25 privileged and submitted by the office of the

Candyco Transcription Service, Inc. 1 Temporary President? 2 SENATOR KLEIN: Yes, it has, 3 Madam President. 4 ACTING PRESIDENT SAVINO: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Sampson, legislative resolution commending 8 Mitchell S. Pinsky upon the occasion of 9 receiving the Men of Distinction Award on 10 June 10, 2010. 11 ACTING PRESIDENT SAVINO: Are 12 there any Senators wishing to be heard on the 13 resolution? 14 Seeing none, the question is on the 15 resolution. All those in favor signify by 16 saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT SAVINO: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT SAVINO: The 22 resolution is adopted. 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 I believe there's another resolution at the

Candyco Transcription Service, Inc. 1 desk by Senator Sampson. I ask that the title 2 of the resolution be read and move for its 3 immediate adoption. 4 ACTING PRESIDENT SAVINO: Senator 5 Klein, has this resolution been deemed 6 privileged and submitted by the office of the 7 Temporary President? 8 SENATOR KLEIN: Yes, it has, 9 Madam President. 10 ACTING PRESIDENT SAVINO: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Sampson, legislative resolution commending 14 Philip Giller upon the occasion of receiving 15 the Men of Distinction Award on June 10, 2010. 16 ACTING PRESIDENT SAVINO: Are 17 there any Senators wishing to be heard on the 18 resolution? 19 Seeing none, the question is on the 20 resolution. All those in favor please signify 21 by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT SAVINO: Oppose 24 nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 resolution is adopted. 3 Senator Klein. 4 SENATOR KLEIN: Madam President, 5 I believe there's another resolution at the 6 desk by Senator Sampson. I ask that the title 7 of the resolution be read and move for its 8 immediate adoption. 9 ACTING PRESIDENT SAVINO: Senator 10 Klein, has this resolution been deemed 11 privileged and submitted by the office of the 12 Temporary President? 13 SENATOR KLEIN: Yes, it has, 14 Madam President. 15 ACTING PRESIDENT SAVINO: The 16 Secretary will read. 17 THE SECRETARY: By Senator 18 Sampson, legislative resolution commending 19 Dean Curtis Elmore upon the occasion of 20 receiving the Men of Distinction Award on 21 June 10, 2010. 22 ACTING PRESIDENT SAVINO: Are 23 there any Senators wishing to be heard on the 24 resolution? 25 Seeing none, the question is on the

Candyco Transcription Service, Inc. 1 resolution. All those in favor please signify 2 by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT SAVINO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT SAVINO: The 8 resolution is adopted. 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 there's another resolution at the desk by 12 Senator Sampson. I ask that the title of the 13 resolution be read and move for its immediate 14 adoption. 15 ACTING PRESIDENT SAVINO: Senator 16 Klein, has this resolution been deemed 17 privileged and submitted by the office of the 18 Temporary President? 19 SENATOR KLEIN: Yes, it has, 20 Madam President. 21 ACTING PRESIDENT SAVINO: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Sampson, legislative resolution honoring 25 Bishop Walter Dunlap upon the occasion of his

Candyco Transcription Service, Inc. 1 designation for special recognition by the 2 Free Mission Temple, Inc. 3 ACTING PRESIDENT SAVINO: Are 4 there any Senators wishing to be heard on the 5 resolution? Seeing none, the question is on 6 the resolution. All those in favor please 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT SAVINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT SAVINO: The 13 resolution is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 at this time can we please go to a reading of 17 the calendar. 18 ACTING PRESIDENT SAVINO: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 84, by Senator Parker, Senate Print 2286A, an 22 act to amend the Election Law. 23 ACTING PRESIDENT SAVINO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 84 are 9 Senators Lanza, Larkin, Marcellino, Saland, 10 Squadron and Volker. Also Senator C. Kruger. 11 Ayes, 51. Nays, 7. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 164, by Member of the Assembly Maisel, 18 Assembly Print Number 5320A, an act to amend 19 the Public Health Law. 20 ACTING PRESIDENT SAVINO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 180th day. 24 ACTING PRESIDENT SAVINO: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 222, by Senator Dilan, Senate Print 1083A, an 7 act to amend the Social Services Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 222 are 19 Senators DeFrancisco, Farley, Flanagan, 20 Golden, Griffo, Lanza, Larkin, LaValle, 21 Leibell, Libous, Marcellino, Maziarz, 22 McDonald, Nozzolio, Ranzenhofer, Saland, 23 Skelos, Volker and Young. 24 Ayes, 39. Nays, 19. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 270, by Senator Schneiderman, Senate Print 4 6987A, an act to amend the Penal Law and 5 others. 6 ACTING PRESIDENT SAVINO: Read 7 the last section. 8 THE SECRETARY: Section 16. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 348, by Senator Hassell-Thompson, Senate Print 18 5207, an act to amend the Correction Law. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 58. 2 ACTING PRESIDENT SAVINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 442, by Senator Foley, Senate Print 5531A, an 6 act to amend the Environmental Conservation 7 Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: Senator 16 DeFrancisco, to explain his vote. 17 SENATOR DeFRANCISCO: Yes, I'm 18 going to vote no on this. 19 We have in this great state many 20 different nationalities, many different 21 languages spoken, many different people from 22 different backgrounds. If we require one 23 language to be posted for pesticides in an 24 area where the individuals are predominantly 25 of that particular background, then I can't

Candyco Transcription Service, Inc. 1 see how we don't end up doing the same for 2 every single language where there's a 3 substantial number of people that speak that 4 language. 5 On pesticide signs, you can 6 certainly do some type of symbol or color of 7 the flag or whatever to show that there's 8 danger without having to require several 9 different languages on the same little flag -- 10 or maybe it will be a very big flag after we 11 get several different languages. 12 So I'm going to vote no. 13 ACTING PRESIDENT SAVINO: Senator 14 DeFrancisco to be recorded in the negative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 442 are 18 Senators DeFrancisco, Flanagan, Golden, 19 Griffo, Lanza, Larkin, Leibell, Libous, 20 Little, Maziarz, Nozzolio, Ranzenhofer, 21 Robach, Saland, Skelos, Volker and Young. 22 Ayes, 41. Nays, 17. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 558, by Senator Foley, Senate Print 6699, an 2 act to amend Chapter 591 of the Laws of 2001 3 amending the Banking Law. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 563, by Member of the Assembly Farrell, 16 Assembly Print Number 8556A, an act to amend 17 the Tax Law. 18 ACTING PRESIDENT SAVINO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 607, by Senator Aubertine, Senate Print 7656, 5 an act to amend the Agriculture and Markets 6 Law. 7 ACTING PRESIDENT SAVINO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SAVINO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 611, by Member of the Assembly Latimer, 19 Assembly Print Number 5823, an act to amend 20 the Environmental Conservation Law. 21 ACTING PRESIDENT SAVINO: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 180th day. 25 ACTING PRESIDENT SAVINO: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 616, by Senator Stavisky, Senate Print 6307B, 8 an act to amend the Education Law. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 7. This 12 act shall take effect in the 90th day. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 617, by Senator Montgomery -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT SAVINO: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 624, by Senator Montgomery -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT SAVINO: The 5 bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 625, by Senator Montgomery -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day. 10 ACTING PRESIDENT SAVINO: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 633, by Senator Espada, Senate Print 7422, an 14 act relating to redistributing 2009 bond 15 volume allocations. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 18. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT SAVINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 646, by Senator Thompson, Senate Print 6864, 3 an act to amend the Executive Law. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 SENATOR LIBOUS: Madam President, 12 excuse me. Can we lay this bill aside? 13 ACTING PRESIDENT SAVINO: The 14 bill is laid aside. 15 Senator Klein, that completes the 16 reading of the noncontroversial calendar. 17 SENATOR KLEIN: Madam President, 18 can we please go to a reading of the 19 controversial calendar. 20 ACTING PRESIDENT SAVINO: The 21 Secretary will ring the bell. 22 Members are asked to come to the 23 chamber for the reading of the controversial 24 calendar. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Madam President, 2 can we come back to the controversial 3 calendar. 4 Right now, could we go to a meeting 5 of the Finance Committee, followed by a 6 meeting of the Rules Committee in Room 332. 7 And can I ask members to come right 8 back after the meeting of the Finance and 9 Rules Committees. 10 ACTING PRESIDENT SAVINO: There 11 will be an immediate meeting of the Finance 12 Committee, followed by an immediate meeting of 13 the Rules Committee in Room 332. 14 Members are asked to return 15 immediately to the chamber upon the completion 16 of the Rules Committee. 17 The Senate will stand at ease. 18 (Whereupon, the Senate stood at 19 ease at 6:08 p.m.) 20 (Whereupon, the Senate reconvened 21 at 7:09 p.m.) 22 ACTING PRESIDENT SAVINO: Senator 23 Klein. 24 SENATOR KLEIN: Madam President, 25 I believe there's a report of the Rules

Candyco Transcription Service, Inc. 1 Committee at the desk. I move that we adopt 2 the report at this time. 3 ACTING PRESIDENT SAVINO: There 4 is a report of the Rules Committee at the 5 desk. 6 The Secretary will read. 7 THE SECRETARY: Senator Smith, 8 from the Committee on Rules, reports the 9 following bills. 10 Senate Print 7178A, by Senator 11 Dilan, an act to amend the Multiple Dwellings 12 Law; 13 Senate Print 8080, by Senator C. 14 Kruger, an act to amend the Executive Law and 15 others; 16 Senate Print 8088, by the Senate 17 Committee on Rules, an act to amend the 18 Insurance Law; 19 Senate Print 8089, by the Senate 20 Committee on Rules, an act making 21 appropriations for the support of government; 22 And Senate Print 8090, by the 23 Senate Committee on Rules, an act to amend the 24 Public Health Law and others. 25 All bills ordered direct to third

Candyco Transcription Service, Inc. 1 reading. 2 ACTING PRESIDENT SAVINO: All 3 those in favor of adopting the Rules Committee 4 report please signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT SAVINO: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT SAVINO: The 10 Rules Committee report is adopted. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 can we return to Calendar Number 646, which 14 was on the controversial calendar. 15 ACTING PRESIDENT SAVINO: The 16 Secretary will ring the bells and call all the 17 members to the chamber for the reading of the 18 controversial calendar. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 646, by Senator Thompson, Senate Print 6864, 22 an act to amend the Executive Law. 23 ACTING PRESIDENT SAVINO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 646 are 9 Senators Bonacic, DeFrancisco, Farley, 10 Flanagan, Fuschillo, Golden, Griffo, Hannon, 11 Lanza, Larkin, LaValle, Leibell, Libous, 12 Little, Marcellino, Maziarz, McDonald, 13 Nozzolio, Padavan, Ranzenhofer, Robach, 14 Saland, Skelos, Volker, Winner and Young. 15 Absent from voting: Senator 16 Seward. 17 Ayes, 32. Nays, 26. 18 ACTING PRESIDENT SAVINO: The 19 bill is passed. 20 Senator Klein, that completes the 21 reading of the controversial calendar. 22 SENATOR KLEIN: Madam President, 23 at this time can we please go to a reading of 24 the supplemental calendar. 25 ACTING PRESIDENT SAVINO: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 760, by the Senate Committee on Rules, Senate 4 Print 8088, an act to amend the Insurance Law. 5 ACTING PRESIDENT SAVINO: Senator 6 Klein. 7 SENATOR KLEIN: Madam President, 8 is there a message of necessity at the desk? 9 ACTING PRESIDENT SAVINO: Yes, 10 Senator Klein, there is a message of necessity 11 at the desk. 12 SENATOR KLEIN: I move to accept 13 the message at this time. 14 ACTING PRESIDENT SAVINO: The 15 question is on the acceptance of the message 16 of necessity. All those in favor please 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT SAVINO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT SAVINO: The 23 message is accepted. 24 Read the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. 1 act shall -- 2 SENATOR LIBOUS: Lay the bill 3 aside. 4 ACTING PRESIDENT SAVINO: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 761, by the Senate Committee on Rules, Senate 8 Print 8089, an act making appropriations for 9 the support of government. 10 ACTING PRESIDENT SAVINO: Senator 11 Klein. 12 SENATOR KLEIN: Madam President, 13 is there a message of necessity and 14 appropriation at the desk? 15 ACTING PRESIDENT SAVINO: Yes, 16 Senator Klein, there is a message of necessity 17 and appropriation at the desk. 18 SENATOR KLEIN: Madam President, 19 I move that we accept the message at this 20 time. 21 ACTING PRESIDENT SAVINO: The 22 question is on the acceptance of the message 23 of necessity and appropriation. All those in 24 favor please signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Opposed, nay. 3 (Response of "Nay.") 4 ACTING PRESIDENT SAVINO: The 5 message is accepted. 6 Read the last section. 7 THE SECRETARY: Section 20. 8 This -- 9 SENATOR LIBOUS: Lay it aside. 10 ACTING PRESIDENT SAVINO: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 762, by the Senate Committee on Rules, Senate 14 Print 8090, an act to amend the Public Health 15 Law, the State Finance Law, and the Elder Law. 16 ACTING PRESIDENT SAVINO: Senator 17 Klein. 18 SENATOR KLEIN: Madam President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT SAVINO: Yes, 21 Senator Klein, there is a message of necessity 22 at the desk. 23 SENATOR KLEIN: I move that we 24 accept the message at this time. 25 ACTING PRESIDENT SAVINO: The

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

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT SAVINO: 3 Opposed, nay. 4 (Response of "Nay.") 5 ACTING PRESIDENT SAVINO: The 6 message is accepted. 7 Read the last section. 8 SENATOR LIBOUS: Lay the bill 9 aside. 10 ACTING PRESIDENT SAVINO: He 11 didn't read the last section yet, Senator 12 Libous. 13 SENATOR LIBOUS: Lay the bill 14 aside. 15 ACTING PRESIDENT SAVINO: The 16 bill is laid aside. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 at this time can we please go to a reading of 20 the controversial supplemental calendar. 21 ACTING PRESIDENT SAVINO: The 22 Secretary will ring the bells. 23 We ask all members to please return 24 to the chamber and stay in the chamber for the 25 reading of the controversial supplemental

Candyco Transcription Service, Inc. 1 calendar. The calendar will go much quicker, 2 members, if we remain in the chamber. 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 760, by the Senate Committee on Rules, Senate 6 Print 8088, an act to amend the Insurance Law. 7 ACTING PRESIDENT SAVINO: Senator 8 Libous, why do you rise? 9 SENATOR LIBOUS: Thank you, Madam 10 President. I believe there's an amendment by 11 Senator Hannon at the desk. I would ask that 12 you waive its reading and call on Senator 13 Hannon. 14 ACTING PRESIDENT SAVINO: Senator 15 Libous, there is an amendment at the desk. 16 Without objection, the reading is waived and 17 Senator Hannon may speak on the amendment. 18 SENATOR HANNON: Thank you, Madam 19 President. 20 This amendment would take the 21 provisions of the proposed bill and make it 22 better. It would institute a system of prior 23 approval on rates, but it would ensure that 24 only the people who are pressing the limit, 25 are raising their rates far too much on their

Candyco Transcription Service, Inc. 1 premium payers, would be subject to it. 2 It would also make sure that the 3 Superintendent of Insurance had sufficient 4 powers to ensure that those who are the most 5 costly insurers would come under its 6 provisions. 7 It would also add a definition of 8 what is called the medical loss ratio. 9 Because under the current proposal before us, 10 there is no definition. 11 And that's really necessary because 12 the Federal Healthcare Reform Bill, which was 13 passed under President Obama's championship, 14 requires that there be a federal medical loss 15 ratio, and that federal medical loss ratio 16 must be established before the end of this 17 year and may well be established before that, 18 because Health and Human Services Secretary 19 Sebelius has asked the National Association of 20 Insurance Commissioners to come up with one 21 very soon, and they have said they'll do it by 22 the end of this month or the end of next 23 month. So we would cure that. 24 In addition, we would make sure 25 that only the highest costly insurers are

Candyco Transcription Service, Inc. 1 covered. If they were not, then they would 2 not have to go through the prior approval 3 process. It would simplify the process. It 4 would be cheaper for the state because, if 5 they're meeting the goal of this bill, then 6 they would not have to go through a costly 7 application and the department would not have 8 to go through a costly review procedure. 9 For those reasons, Madam President, 10 I would submit the amendment ought to be 11 accepted. This is something that was proposed 12 as part of the Executive Budget. It's not 13 necessary to do as part of the one-week 14 extension of the budget, and therefore putting 15 this off to get the amendment printed could be 16 accomplished easily. 17 Thank you. 18 ACTING PRESIDENT SAVINO: Are 19 there any other Senators that wish to be heard 20 on the amendment? 21 Seeing none, the question is on the 22 nonsponsor motion to amend Calendar Number 23 760. Those Senators voting in support of the 24 nonsponsor amendment please raise your hands. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 26. Nays, 2 32. 3 ACTING PRESIDENT SAVINO: The 4 motion fails. 5 Read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: Senator 12 Hannon, to explain his vote. 13 SENATOR HANNON: While I support 14 the goals of what we're trying to do -- hold 15 down the rates of insurance for health 16 insurance to the people who have to pay 17 them -- I think that there are several 18 problems involved with this. 19 The bill is patterned after the 20 regulatory scheme that we had in the early 21 '90s. That scheme led to the bankruptcy of an 22 insurance company called WellCare. It led to 23 enormous difficulties with the Empire Blue 24 Cross-Blue Shield, which required a lot of 25 attention by the Legislature at that Point.

Candyco Transcription Service, Inc. 1 And it fails to mesh with the federal new 2 regulation of insurance. It does not have a 3 definition of medical loss ratio in here. It 4 gives untoward powers to the Superintendent of 5 Insurance, which if done wisely is fine, but 6 that's not always been the case. 7 For those reasons, while I am 8 supporting the bill, I am putting on the 9 record my doubts that this scheme will work 10 properly. 11 Thank you. 12 ACTING PRESIDENT SAVINO: Senator 13 Breslin, to explain his vote. 14 SENATOR BRESLIN: Thank you very 15 much, Madam President. 16 I think this is a very bright day 17 for New Yorkers. For the last ten years, we 18 have learned to live under bad policy, and 19 that's file and use. For those who don't 20 know, an HMO, when they want a rate increase 21 for the last number of years have filed a 22 sheet of paper and used that rate increase 23 that they filed on that sheet of paper. Maybe 24 a year and a half, a year later the Insurance 25 Department might have discovered that the

Candyco Transcription Service, Inc. 1 raise was not appropriate. They have fined 2 various insurance companies for that. But 3 unfortunately, because those rates went up, 4 people were driven off the insurance rolls. 5 And in the last ten years we've 6 also learned, not only statewide but 7 federally, that deregulation doesn't work. 8 And I'll give us an example, the AIG 9 nationally. AIG as a financial institution 10 failed because it wasn't regulated. Its 11 insurance arms worked just fine because there 12 was sufficient regulation and sufficient 13 reserves. 14 The prior approval that we pass 15 here today will allow the Insurance 16 Department, within a 60-day period -- as 17 opposed to the bill that was used during the 18 1990s, the prior approval, this one will have 19 60 days for the Insurance Department to make a 20 decision on whether a rate is justified or 21 not. 22 The Insurance Department will have 23 an opportunity to just not look at the minimum 24 loss ratio, but will have the chance to look 25 at the solvency of the company, the way

Candyco Transcription Service, Inc. 1 profits are going, are they going up and down, 2 are there particular health insurance products 3 that they have that need a review and some 4 direction. This will take care of that. 5 And the minimum loss ratio is above 6 the federal. It's at 82. And it is somewhat 7 unclear in the statute we're passing here 8 today. But there's a number of different 9 things -- we want to make sure that health 10 programs don't have the unintended 11 consequences of being eliminated, that they 12 would be included in the minimum loss ratio. 13 There's also the situation with taxes that 14 health insurance -- that health maintenance 15 organizations use. So there will be a 16 rule-making process within the department to 17 accomplish those goals. 18 But today we satisfy small 19 businesses. We satisfy chambers of commerce 20 who have been crying out for better healthcare 21 at a more affordable price. And this is the 22 day that we will now have it. 23 Thank you, Madam President. 24 ACTING PRESIDENT SAVINO: Senator 25 Breslin to be recorded in the affirmative.

Candyco Transcription Service, Inc. 1 I would like to remind members on 2 explaining your vote the time limit is two 3 minutes. Let us try and stick to that. 4 Are there any other Senators 5 wishing to explain their vote? 6 Seeing none, announce the results. 7 THE SECRETARY: In reference to 8 Calendar Number 760: Ayes, 58. Nays, 0. 9 Absent from voting: Senator 10 Seward. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 761, by the Senate Committee on Rules, Senate 15 Print 8089, an act making appropriations for 16 the support of government. 17 SENATOR LIBOUS: Explanation. 18 ACTING PRESIDENT SAVINO: Senator 19 Kruger, an explanation has been requested. 20 SENATOR CARL KRUGER: Thank you, 21 Madam President. 22 Through you, this is the tenth 23 extender, which basically keeps government 24 functioning during this period of budget 25 negotiations. It provides for $55.9 billion

Candyco Transcription Service, Inc. 1 in All Funds appropriation and $12.4 billion 2 in a General Fund appropriation. 3 ACTING PRESIDENT SAVINO: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: Would 6 Senator Kruger yield to a question. 7 ACTING PRESIDENT SAVINO: Senator 8 Kruger will you yield for a question? 9 SENATOR CARL KRUGER: Yes, I do, 10 Madam President. 11 ACTING PRESIDENT SAVINO: Senator 12 Kruger yields. 13 SENATOR DeFRANCISCO: The 14 appropriation that you just described is 15 $55.9 billion. And from the bill, it appears 16 that these pertain not only to one week but 17 also throughout the entire year. And my 18 question is, what percentage of the entire 19 budget does this extender represent? 20 SENATOR CARL KRUGER: Through 21 you, Madam President, approximately 22 40 percent. 23 SENATOR DeFRANCISCO: Would 24 Senator Kruger yield to another question. 25 SENATOR CARL KRUGER: Yes, I do.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Kruger yields. 3 SENATOR DeFRANCISCO: Today we 4 are passing 40 percent of the budget of the 5 State of New York. Can you tell me by what 6 process we arrived at this particular decision 7 today? 8 SENATOR CARL KRUGER: Through 9 you, Madam President, by legislation. 10 SENATOR DeFRANCISCO: Would 11 Senator Kruger yield to another question. 12 ACTING PRESIDENT SAVINO: Senator 13 Kruger, do you continue to yield? 14 SENATOR CARL KRUGER: Yes, I do, 15 Madam President. 16 SENATOR DeFRANCISCO: Would 17 Senator Kruger tell me by whom -- and I don't 18 mean bill drafting -- what individuals created 19 the legislation and made the agreements upon 20 which the legislation was based, and how did 21 that happen from last Monday till today? 22 SENATOR CARL KRUGER: Through 23 you, Madam President, these are Governor's 24 bills. 25 SENATOR DeFRANCISCO: Would

Candyco Transcription Service, Inc. 1 Senator Kruger yield to another question. 2 SENATOR CARL KRUGER: Yes, I do, 3 Madam President. 4 ACTING PRESIDENT SAVINO: Senator 5 Kruger yields. 6 SENATOR DeFRANCISCO: Was there 7 any negotiations -- three ways, five ways -- 8 between any leaders between last Monday and 9 today to arrive at this 40 percent of the 10 budget of the State of New York? 11 SENATOR CARL KRUGER: Through 12 you, Madam President, yes. 13 SENATOR DeFRANCISCO: And would 14 Senator Kruger yield to another question. 15 ACTING PRESIDENT SAVINO: Senator 16 Kruger, do you continue to yield? 17 SENATOR CARL KRUGER: Yes, I do. 18 ACTING PRESIDENT SAVINO: Senator 19 Krueger yields. 20 SENATOR DeFRANCISCO: Can you 21 tell me when those meetings were held and who 22 participated in those meetings to arrive at 23 this agreement? 24 SENATOR CARL KRUGER: Through 25 you, Madam President, I don't have dates,

Candyco Transcription Service, Inc. 1 times and places, but I will try to get them 2 furnished to you. 3 SENATOR DeFRANCISCO: Would 4 Senator Kruger yield to another question. 5 SENATOR CARL KRUGER: Yes, I do. 6 ACTING PRESIDENT SAVINO: Senator 7 Kruger yields. 8 SENATOR DeFRANCISCO: Since we're 9 going to vote on this presumably tonight 10 sometime before midnight so government won't 11 stop, when would you anticipate having that 12 information for the rank and file of this 13 chamber? 14 SENATOR CARL KRUGER: Through 15 you, Madam President, I'm going to ask the 16 staff to compile it as quickly as possible. 17 SENATOR DeFRANCISCO: Point of 18 order. May we go at ease until we get this 19 information, Madam President? 20 ACTING PRESIDENT SAVINO: Senator 21 Klein. 22 SENATOR KLEIN: Madam President, 23 if Senator DeFrancisco wants to stand at ease, 24 he'll have to make a formal motion to do that. 25 SENATOR DeFRANCISCO: There's no

Candyco Transcription Service, Inc. 1 need for a formal motion. I would just like 2 to ask Senator Kruger another question, if 3 he'd be willing to answer it. 4 ACTING PRESIDENT SAVINO: Senator 5 Kruger, will you yield? 6 SENATOR CARL KRUGER: Yes, 7 certainly. Through you, Madam President. 8 ACTING PRESIDENT SAVINO: Senator 9 Kruger will continue to yield. 10 SENATOR DeFRANCISCO: Are you 11 telling this body and all the viewers that may 12 be watching this, either through TV stations 13 or the Internet, that you as chairman of 14 Finance do not know as you stand here today, 15 proposing a bill that includes 40 percent of 16 the budget of the State of New York, who 17 participated in the discussions to arrive at 18 the legislation that is this bill that we're 19 voting on today? 20 SENATOR CARL KRUGER: Through 21 you, Madam President. I did not say, Senator, 22 that I did not know who. I said that in order 23 to put together the times, places and 24 information, we would have staff do it and get 25 it to you as expeditiously as possible.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Would 2 Senator Kruger yield to another question. 3 SENATOR CARL KRUGER: Yes. And 4 the last one, Madam President. 5 ACTING PRESIDENT SAVINO: Senator 6 Kruger yields for one more question. 7 SENATOR DeFRANCISCO: Well, I'll 8 try to make this a good one since he's limited 9 in time tonight in answering questions on 10 40 percent of the budget. 11 Can you tell me whether or not any 12 members of the minority parties in either 13 house participated in this drafting -- in the 14 negotiations that led to the drafting? And 15 I'm talking about either Senator Skelos or 16 Minority Leader Kolb. 17 SENATOR CARL KRUGER: Through 18 you, Madam President, to the best of my 19 knowledge they did not. 20 Thank you. 21 SENATOR DeFRANCISCO: Would 22 Senator Kruger yield to another question. 23 ACTING PRESIDENT SAVINO: Senator 24 Kruger? 25 SENATOR CARL KRUGER: No.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Kruger will not yield for another question. 3 Senator DeFrancisco, on the bill. 4 SENATOR DeFRANCISCO: For so many 5 years the Democrat Party lusted to become the 6 majority party to run this house. It is 7 absolutely amazing what we're viewing here 8 today. We're in our tenth budget extender, 9 tenth budget extender. And this extender 10 miraculously results in the determination of 11 40 percent of the state budget of the New York 12 State -- $55.9 billion, with a B. 13 And there's been no participation 14 for the minority party, no public conference 15 committee meetings, no determinations 16 whatsoever of who the conference committee 17 members are going to be by the Assembly, no 18 schedule for conference committee meetings, 19 and miraculously -- we don't when, we don't 20 know how many meetings, we don't know who was 21 there -- but all we do know is that no 22 Republican minority members participated in 23 those discussions. 24 I don't know how to aptly describe 25 that process. But it certainly violates the

Candyco Transcription Service, Inc. 1 law, the letter of the law and the spirit of 2 the law of 2007 which called for an open 3 public process. 4 And the amazing part about all of 5 this is that the mere fact that these cuts 6 take place, you can't prioritize in this 7 budget extender how these cuts compare to 8 maybe other areas that could be cut. Maybe 9 there's a better way to do it. Maybe if the 10 public participated and there was discussions 11 open among all the conference committees of 12 members of this house, maybe there would be an 13 idea how you wouldn't have to cut certain 14 areas of this budget that are being cut by 15 this miraculous process. 16 In addition, there are other areas 17 of potential cuts. And at the next extender 18 bill that's on the agenda there's going to be 19 some suggestions, some amendments, since the 20 Republican minority was not allowed to 21 participate in the process. Senator Skelos 22 and Assembly Minority Leader Kolb are invited 23 to the five-way leaders' public show that goes 24 on where nothing is decided. But where it 25 really matters, behind closed doors, and where

Candyco Transcription Service, Inc. 1 it really would matter, at conference 2 committees, they're not participating. 3 But we've got other suggestions 4 which I've got a feeling -- I just have this 5 feeling, I don't know where I get it from -- 6 they're probably not going to be accepted by 7 the majority party. But in any event, we're 8 going to make that attempt later on. 9 So here we are doing a piecemeal 10 budget. And when you do a budget -- at least 11 I thought when a family does a budget, the 12 state should do it the same way. Namely, 13 you've got to make priorities. What -- maybe 14 some of these cuts are not the cuts that are 15 the most logical ones to be made when you 16 consider the other 60 percent of the budget. 17 So apparently the process this year 18 is going to be do 40 percent today, maybe 19 20 percent next week, maybe another 15 percent 20 the week after that, and at some point in time 21 we'll get to 100 percent by a piecemeal 22 process that is totally violative of the rules 23 and regulations by statute that were provided 24 in 2007. 25 So for the reasons that I just

Candyco Transcription Service, Inc. 1 mentioned -- the process is faulty, it 2 violates the law, the result is faulty because 3 we're not laying one potential cut against 4 another potential cut, we're not making 5 priorities, we're just doing bits and 6 pieces -- and who knows there might not be 7 other cuts to healthcare in the next segment 8 of our extenders -- no one in good conscience 9 could vote on 40 percent of at budget not 10 knowing what remains in the last 60 percent. 11 Nobody can if you're being honest with 12 yourself. 13 And I made the analogy with 14 families. Can you imagine if you had a 15 problem in your family as far as the budget is 16 concerned and this week we're going to do 17 40 percent of it and we'll worry about the 18 next 60 percent next week or 20 percent a week 19 thereafter? 20 You may make mistakes in the first 21 round. And I've got a feeling and you'll see 22 from our potential amendments that a lot of 23 mistakes were made in this particular 24 extender. 25 So for I don't know what straight

Candyco Transcription Service, Inc. 1 week -- I think I may have vote for one or two 2 in the beginning -- but for at least eight 3 straight weeks I'm voting no on this budget. 4 It's a piecemeal document that has such a 5 great percentage of the total budget that it 6 cannot possibly be passed or voted on by 7 anybody who truly, truly is trying to make a 8 good budget for the State of New York. 9 So when the vote is called I will 10 be voting no. Thank you, Madam President. 11 ACTING PRESIDENT SAVINO: Senator 12 DeFrancisco will be recorded in the negative. 13 Senator Nozzolio, on the bill. 14 SENATOR NOZZOLIO: Thank you, 15 Madam President. Will Senator Kruger yield? 16 ACTING PRESIDENT SAVINO: Senator 17 Kruger, will you yield for a question? 18 SENATOR NOZZOLIO: Yes, I would. 19 ACTING PRESIDENT SAVINO: Senator 20 Kruger yields. 21 SENATOR NOZZOLIO: Thank you, 22 Senator Kruger. Through you, Madam President. 23 Will the bill before us require any 24 tax hikes? 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Madam President, no. 2 SENATOR NOZZOLIO: Will Senator 3 Kruger continue to yield. 4 ACTING PRESIDENT SAVINO: Senator 5 Kruger, do you continue to yield? 6 SENATOR CARL KRUGER: Yes, I do. 7 ACTING PRESIDENT SAVINO: Senator 8 Kruger yields. 9 SENATOR NOZZOLIO: Senator 10 Kruger, do you guarantee to the members who 11 are looking at this measure -- and Senator 12 DeFrancisco indicated 40 percent of the state 13 budget contains the spending plan therein -- 14 that there will be no tax hikes this year as a 15 result of this spending plan? 16 SENATOR CARL KRUGER: Through 17 you, Madam President. Firstly, no, I did not 18 say that. The reference was to this bill. 19 Secondly, secondly -- you know, 20 this is almost like Gaslight. Because, you 21 know, let's just reflect back for a moment. 22 Last week, at the five-way leaders' meeting, 23 there was a request made and an affirmation 24 that the scorecards would be distributed to 25 the minority and the scorecards were

Candyco Transcription Service, Inc. 1 distributed to the minority. And part of that 2 process was that the give-and-take where the 3 recommendations and the suggestions and the 4 minority's blueprint towards resolving this 5 budget would become crystal-clear and 6 available to everyone. 7 Well, the fact of the matter is 8 that did not happen. So consequently, you 9 know -- 10 SENATOR SKELOS: Madam President. 11 SENATOR CARL KRUGER: -- when we 12 have the chairman of our Health Committee, 13 Senator Duane, send a letter -- 14 ACTING PRESIDENT SAVINO: Senator 15 Skelos. 16 SENATOR CARL KRUGER: -- send a 17 letter to Senator Hannon -- I have the 18 floor -- to Senator Hannon asking for 19 participation on the health agenda of the 20 budget and to participate in it -- 21 SENATOR LIBOUS: Madam President. 22 SENATOR CARL KRUGER: -- he gets 23 no response. 24 ACTING PRESIDENT SAVINO: Senator 25 Skelos, why do you rise?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Senator Nozzolio 2 has the floor, and Senator Skelos has risen. 3 ACTING PRESIDENT SAVINO: Senator 4 Skelos, why do you rise? 5 SENATOR SKELOS: Madam President, 6 just as a point of clarification to Senator 7 Kruger, last week at the five-way leaders' 8 meeting we were told by the Governor and it 9 was agreed upon by the two majorities that we 10 would see the scoring by the Governor as to 11 the actual numbers in the Senate majority 12 resolution, the Assembly majority resolution, 13 and what had been agreed upon between the two 14 majorities concerning $6 billion in supposed 15 cuts. 16 We have not received those 17 scorings. We have not received them. So you 18 stand corrected. 19 SENATOR CARL KRUGER: Through 20 you, Madam President. Once again, to the best 21 of my recollection, was that those scorecards 22 were going to be distributed to both 23 minorities and at that point both minorities 24 were going to offer up their suggestions and 25 their view as to the budget resolution

Candyco Transcription Service, Inc. 1 process. That's the way I heard it. 2 SENATOR NOZZOLIO: Will Senator 3 Kruger continue to yield, Madam President? 4 ACTING PRESIDENT SAVINO: 5 Senator -- 6 SENATOR SKELOS: Point of 7 clarification. What is the scoring -- 8 ACTING PRESIDENT SAVINO: Senator 9 Skelos -- 10 SENATOR KLEIN: Madam President. 11 ACTING PRESIDENT SAVINO: Yes, 12 Senator Klein. 13 SENATOR KLEIN: If Senator Skelos 14 wants to speak, he has to yield to Senator 15 Nozzolio, who now has the floor. 16 ACTING PRESIDENT SAVINO: Thank 17 you, Senator Klein, I was just about to 18 suggest that to Senator Skelos. 19 SENATOR SKELOS: Senator 20 Nozzolio, would you yield to me? 21 ACTING PRESIDENT SAVINO: Senator 22 Nozzolio, will you yield the floor to Senator 23 Skelos? 24 SENATOR NOZZOLIO: Madam 25 President, I'll be happy to yield to Senator

Candyco Transcription Service, Inc. 1 Skelos. 2 ACTING PRESIDENT SAVINO: Senator 3 Skelos, on the bill. 4 SENATOR SKELOS: Madam President, 5 again, I would suggest to Senator Kruger that 6 he's confusing two issues that arose at the 7 leaders' meeting. 8 The actual scoring of the proposed 9 or suggested cuts by the Senate majority 10 resolution, the Assembly majority 11 resolution -- the Senate one, for example, I 12 know every single member of the Senate 13 majority Democrats voted for a billion-four in 14 school aid cuts. We want to make sure those 15 numbers are correct. 16 But the bottom line is we were 17 given a commitment that we would receive those 18 numbers forthwith prior to us having 19 discussion in another extender, and we have 20 not received them. I mean, that's the bottom 21 line. 22 So, Senator Nozzolio, I appreciate 23 you yielding to me, and carry on. 24 SENATOR NOZZOLIO: Senator 25 Skelos, thank you for that clarification.

Candyco Transcription Service, Inc. 1 Madam President, on the bill. 2 ACTING PRESIDENT SAVINO: Senator 3 Nozzolio, on the bill. 4 SENATOR NOZZOLIO: Madam 5 President, as Senator DeFrancisco began the 6 debate this evening, as Senator Skelos 7 amplified that debate, we do not have a 8 process at all for 40 percent of the state 9 expenditures. The entire budget process over 10 these past weeks has been ridiculous if not 11 existent. 12 Today, as we're talking about very 13 severe, significant substance, not even an 14 indication by the chairman of the Finance 15 Committee relative to the potential for 16 additional tax hikes is forthcoming. 17 And when you are pursuing a budget 18 on such a piecemeal basis, I believe that's 19 the only conclusion that one can draw, that 20 because all the information isn't before us, 21 because all the spending plan is not in place, 22 this body is voting in the dark on whether or 23 not there is in fact a major tax hike coming 24 down as a result of this spending plan. 25 I know Senator Kruger believes

Candyco Transcription Service, Inc. 1 there is a better way; at least I would hope 2 he would. Certainly the members on this side 3 of the aisle, the Republicans, believe that at 4 the very least the lack of transparency in 5 what's being proposed is unconscionable. 6 Madam President, one can only 7 conclude that the taxpayers are going to be 8 significantly hurt by this horrendous lack of 9 transparency, by this cavalier attitude that a 10 measure can go forward without any 11 explanation, without any assurances, without 12 any concrete evidence that in effect there 13 will be no tax hike as a result. 14 I think those who vote for this 15 measure are very likely to be voting for tax 16 hikes. And that, Madam President, is what the 17 taxpayers of this state can least afford. 18 That's why I will be voting against this 19 measure and urge my colleagues to do the same. 20 ACTING PRESIDENT SAVINO: Senator 21 Nozzolio to be recorded in the negative. 22 Are there any other Senators 23 wishing to be heard on the bill? 24 Senator Padavan. 25 SENATOR PADAVAN: Thank you,

Candyco Transcription Service, Inc. 1 Madam President. Would Senator Kruger yield 2 to a question, please? 3 ACTING PRESIDENT SAVINO: Senator 4 Kruger, will you yield to Senator Padavan? 5 SENATOR CARL KRUGER: Certainly, 6 Madam President. 7 ACTING PRESIDENT SAVINO: Senator 8 Kruger yields. 9 SENATOR PADAVAN: Senator Kruger, 10 last week during your dialogue with Senator 11 DeFrancisco the issue came up relevant to 12 targets that we could deal with as 13 committees -- or in any fashion that's 14 appropriate -- and he asked you whether or not 15 these targets would be available. 16 And I'd like to share with you your 17 response. You said: "Yes, there are targets. 18 Those targets will be discussed tomorrow at 19 the five-way meeting. And with the leadership 20 agreeing, the next step hopefully is the 21 process to begin conference committees." 22 My question therefore, Senator, is 23 the five leaders met, there were discussions. 24 Are conference committees about to meet? 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Madam President. Firstly, I appreciate 2 you refreshing my memory, Senator Padavan. 3 SENATOR PADAVAN: My pleasure. 4 SENATOR CARL KRUGER: Secondly, 5 at that five-way leaders' meeting the 6 representation that was made in terms of the 7 scorecard, as outlined by Senator Skelos, was 8 representations that were made by the 9 Governor, not by this majority. 10 And secondly, the process that's 11 going forward, these bills are Governor's 12 bills. The Governor is driving these bills 13 and this agenda. And I remain optimistic that 14 as we go forward, conference committees will 15 become part of the final budget process. 16 SENATOR PADAVAN: Madam 17 President, will the Senator yield again? 18 ACTING PRESIDENT SAVINO: Senator 19 Kruger, do you continue to yield? 20 SENATOR CARL KRUGER: Yes, I do. 21 SENATOR PADAVAN: I'm delighted 22 that we're optimistic. But as we've heard 23 earlier, we're at 40 percent of the budget. 24 It seems to me that critical mass has long 25 since passed us. Do you recall that phrase,

Candyco Transcription Service, Inc. 1 "critical mass"? 2 SENATOR CARL KRUGER: I recall 3 the radar -- 4 SENATOR PADAVAN: And you also 5 recall the radar screen. 6 SENATOR CARL KRUGER: Right. 7 SENATOR PADAVAN: So the radar 8 screen and the critical mass is behind us. 9 Now, last week, hope springing in the hearts 10 of men, you said we'd have conference 11 committees or you thought we would. And here 12 we are a week later. Now, I would say, you 13 know, optimistic as we might wish to be, I 14 think we've reached a certain point here where 15 optimism has to give way to reality, and that 16 reality is that we get together and start 17 analyzing this budgeting in an appropriate 18 way, so that the questions that were asked by 19 Senator DeFrancisco would no longer be 20 applicable. We'd know how we got where we're 21 at. 22 And I realize these are not your 23 proposals before us, they are the Governor's. 24 We understand that. But we have a 25 responsibility. And I don't believe we're

Candyco Transcription Service, Inc. 1 discharging it properly by not doing the 2 things we're supposed to be doing, by law. 3 Not by desire, not by inclination, but by law. 4 Do you agree with me, Senator? 5 SENATOR CARL KRUGER: Do you have 6 a question? 7 SENATOR PADAVAN: Yeah, do you 8 agree with me? That's my question. 9 SENATOR CARL KRUGER: No, I don't 10 agree with you. Thank you. 11 Thank you, Madam President. 12 ACTING PRESIDENT SAVINO: Are 13 there any other Senators wishing to be heard 14 on the bill? 15 Seeing none, debate is closed. 16 The Secretary will please ring the 17 bells. I ask all members to return to the 18 chamber as expeditiously as possible. 19 Read the last section. 20 THE SECRETARY: Section 20. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 761 are 4 Senators Bonacic, DeFrancisco, Farley, 5 Flanagan, Fuschillo, Golden, Griffo, Hannon, 6 Lanza, Larkin, LaValle, Leibell, Libous, 7 Little, Marcellino, Maziarz, McDonald, 8 Nozzolio, Padavan, Ranzenhofer, Robach, 9 Saland, Skelos, Volker, Winner and Young. 10 Absent from voting: Senator 11 Seward. 12 Ayes, 32. Nays, 26. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 762, by the Senate Committee on Rules, Senate 18 Print 8090, an act to amend the Public Health 19 Law and others. 20 ACTING PRESIDENT SAVINO: Senator 21 Libous, why do you rise? 22 SENATOR LIBOUS: Thank you, Madam 23 President. 24 I believe there are two amendments 25 at the desk by Senator Hannon. I'd ask that

Candyco Transcription Service, Inc. 1 you please waive the first one's reading and 2 call on Senator Hannon. 3 ACTING PRESIDENT SAVINO: Senator 4 Libous, there is an amendment here at the 5 desk. Without objection, the reading is 6 waived and Senator Hannon may speak on his 7 amendment. 8 SENATOR HANNON: Thank you, Madam 9 President. 10 New York State, because of 11 Medicaid, is facing unprecedented budget gaps 12 in the next two years, for this budget year 13 and for next year. And there needs to be 14 unprecedented addressing of the problem that 15 Medicaid has. 16 A program that has afforded so many 17 quality healthcare has to be, at a time when 18 we have less money, intelligently pruned, 19 intelligently managed, changed to a system 20 that is a health system instead of something 21 that is simply a bill-paying system. And 22 that's all we have right now. 23 We have offered some amendments 24 that will increase the savings from that 25 system, and we will offer in part of those

Candyco Transcription Service, Inc. 1 amendments things that will address problems 2 that are now in the main bill that I think are 3 counterproductive, that are unwise, and will 4 actually drive up the cost of Medicaid to the 5 taxpayers of this state. 6 As part of our amendments we want 7 to close the eligibility loopholes for certain 8 services, we want to cap personal-care 9 services, we want to reinstate some of the 10 expansions of eligibility that were done just 11 last year -- not talking about things done in 12 the past decade, prior administrations, prior 13 majorities -- just done last year, something 14 we had a hand in. 15 We'd also want to do that in regard 16 to postponing the expansion of Family Health 17 Plus enrollment to well beyond any benefit 18 that is offered to anyone in any other state. 19 We want to remove the readmission 20 provision that's in the main bill. We want to 21 evaluate the optional services and see what 22 the priorities are of what's the most 23 essential at a time of need. We want to 24 establish the long-term-care financing demo 25 program, because the long-term-care program in

Candyco Transcription Service, Inc. 1 this state is a hodgepodge of different 2 programs put together, no rhyme and reason in 3 meshing them together, no rhyme and reason in 4 meshing the care for the patient, no vision as 5 to where we're going -- all at a time when 6 next January the number of baby boomers 7 turning 65 in this nation will be about 10,000 8 a month. 9 We want to establish a county 10 nursing home demo program to convert county 11 nursing homes into long-term-care settings. 12 We want to deal with the assisted living 13 reimbursement rate. We want to deal with 14 rightsizing the nursing homes. We want to up 15 the reimbursement for buy-ins to Family Health 16 Plus. And we want to take the penalties that 17 are levied on individuals for Medicaid fraud 18 and increase those. 19 This is a very extensive and I 20 think comprehensive agenda, unlike the bill 21 before us, which deals in a piecemeal way with 22 so many of the budget problems, so many of the 23 Medicaid programs. You don't know the full 24 range of options when you're dealing with the 25 healthcare budget in this fashion.

Candyco Transcription Service, Inc. 1 Senator Kruger talked about 2 40 percent of the total budget being addressed 3 tonight, between the appropriation bill and 4 the Article 7 bill. It's absolutely 5 unprecedented that we have played touch 6 football with this budget. We've abandoned 7 the conference committees that's our immediate 8 history in 2007. And every week we seem to 9 have a new procedure -- you'll get a 10 scorecard, you'll get some type of conference 11 committees in the future. Meanwhile, we're 12 locking people in without knowing the options. 13 This bill does not make the 14 healthcare system go forward. It doesn't give 15 any opportunities for us to shape what's 16 happening. And there's one provision in 17 particular that I think is particularly 18 unwise. There is a penalty given for 19 readmissions of a patient to a hospital. Now, 20 some people may say the federal government's 21 doing that. Well, they are, for three 22 conditions: Heart attack, heart failure, and 23 pneumonia. 24 The bill before us would do it for 25 all conditions, and it would say that the

Candyco Transcription Service, Inc. 1 hospitals really have to change their mission. 2 Right now their mission to the patient ends 3 when the patient is discharged. If we now say 4 15 and 30 days out that they have to keep 5 track of those patients and they'll be 6 responsible for not getting paid if there's a 7 readmission of those patients to the 8 hospitals, then they're going to have to add 9 staff, they're going to have to add computers, 10 they're going to have to add databases they 11 have to track. They have to make arrangements 12 with everybody in their area -- arrangements 13 that do not exist -- because they don't know 14 if somebody who has been in their hospital is 15 within a month in another hospital. So that 16 doesn't exist whatsoever. 17 All of this, by the terms of the 18 bill, is supposed to be implemented by 19 July 2010. It's ridiculous. And what's more 20 ridiculous is not you who want to vote for 21 this because you feel a gun is to your head, 22 it is the Division of the Budget and the 23 Governor who are saying we want to make these 24 policies with these enormous changes as to 25 what's going to happen in a hospital, who's

Candyco Transcription Service, Inc. 1 going to have to pay for that, we want to do 2 that as part of the budget process. 3 That's wrong. It's not good 4 health, it's not good planning, it's not good 5 budgeting, and we should not be doing it. 6 We have also pending right now 7 what's known as Kendra's Law, how we treat the 8 mentally ill and whether we can go through a 9 procedure to make sure that they have drugs, 10 the psychotropic drugs that help the mentally 11 ill. 12 Well, the bill says, you know, you 13 don't have to deal with the behavioral health 14 readmissions. But we don't know when that is 15 going to take place. Suppose it only occurs 16 after they're discharged? We don't know the 17 full scope of it. Many of the times the 18 readmissions -- as we know, this is a 19 difficult and fragile population; they may be 20 readmitted for something else. This bill 21 leaves all of that undefined, unsketched out. 22 The last part is why do we start to 23 start to fine the hospitals when we may not 24 have people who pay attention to their 25 discharge requirements and instructions?

Candyco Transcription Service, Inc. 1 This whole process is wrong. We 2 need to change the Medicaid system. We need 3 to make sure that it becomes a healthcare 4 system. This bill doesn't do it. You're 5 purporting to address the entire healthcare 6 bill in this emergency extender. 7 It doesn't have to be done this 8 way. If you had had the conference 9 committees, you could have had this discussion 10 in public. You could have had it argued in 11 public. If you don't agree with this 12 amendment, you could have said it there. 13 That's what democracy is all about, to have a 14 public process, and you're not doing it. And 15 it makes me mad because we have an opportunity 16 to deliver better health for the people of 17 New York. 18 I would offer this amendment, and I 19 would suggest that everybody should support 20 it. 21 ACTING PRESIDENT SAVINO: Are 22 there any other Senators who wish to be heard 23 on the amendment? 24 Seeing none, the question is on the 25 nonsponsor motion to amend Calendar Number

Candyco Transcription Service, Inc. 1 762. Those Senators voting in support of the 2 nonsponsor amendment please signify by raising 3 your hand. 4 Announce the results. 5 THE SECRETARY: Ayes, 26. Nays, 6 32. 7 ACTING PRESIDENT SAVINO: The 8 motion fails. 9 Senator Libous. 10 SENATOR LIBOUS: Madam President, 11 I believe there's another amendment by Senator 12 Hannon at the desk. I ask that you waive its 13 reading and please call on Senator Hannon to 14 explain his amendment. 15 ACTING PRESIDENT SAVINO: Senator 16 Libous, there is an amendment at the desk. 17 Without objection, the reading is waived and 18 Senator Hannon may speak on the amendment. 19 SENATOR HANNON: Thank you, Madam 20 President. 21 I want to offer an amendment to the 22 Article 7 bill which would deal just with the 23 expansion of procedural eligibility to 24 Medicaid that we enacted in last year's 25 budget. We would reinstate the asset resource

Candyco Transcription Service, Inc. 1 test. We would reinstate face-to-face 2 interviews for eligibility and 3 recertification. And we would reinstate the 4 finger-imaging requirements that were 5 eliminated. 6 The savings to the state alone 7 would be $34 million. The gross savings for 8 all people contributing -- the federal 9 government and state and local -- would be 10 $89 million. It's a targeted amendment. I 11 move its adoption. 12 ACTING PRESIDENT SAVINO: Are 13 there any other Senators wishing to be heard 14 on the amendment? 15 Seeing none, the question is on the 16 nonsponsor motion to amend Calendar Number 17 762. Those Senators voting in support of the 18 nonsponsor amendment please signify by raising 19 your hands. 20 Announce the results. 21 THE SECRETARY: Ayes, 26. Nays, 22 32. 23 ACTING PRESIDENT SAVINO: The 24 motion fails. 25 We now return to the bill in chief.

Candyco Transcription Service, Inc. 1 The bill is before the house. 2 Are there any Senators wishing to 3 be heard on the bill? 4 Senator Skelos. 5 SENATOR SKELOS: Madam President, 6 again, this extender and the previous 7 extenders that we've witnessed come before 8 this chamber again have been negotiated in 9 secret by the Governor, the Senate Democrats 10 and the Assembly Democrats. It's obvious that 11 there were negotiations, secretive 12 negotiations over the weekend, because the 13 extender bill has been dramatically changed 14 from what Budget Director Megna indicated that 15 it would be this past Friday. 16 Now, the extender, as has been 17 pointed out by Senator Hannon, really does not 18 go far enough in reforming and reducing 19 Medicaid spending. And it includes no 20 provision -- in fact, every Democrat just 21 voted against the proposed amendment that 22 would really help crack down on Medicaid fraud 23 and said I'm not going to vote for it. 24 The Governor and the Senate 25 Democrats and the Assembly Democrats have

Candyco Transcription Service, Inc. 1 increasing the reestimation of Medicaid fraud 2 by another $300 million. Now, certainly we 3 believe and it's been the position of this 4 minority Republican conference that there are 5 billions that can be obtained through going 6 after Medicaid fraud. The latest figures show 7 and today we've recommended where you could 8 save approximately $400 million through the 9 amendment that was also defeated. 10 What's frightening is that state 11 spending, as was indicated by Senator 12 DeFrancisco, this April will be 4 percent 13 higher than last April. That's $400 million 14 more, almost all of it due to an increase in 15 Medicaid spending. And the danger is -- and 16 many will say that, well, it's federal money. 17 That federal money disappears next year. So 18 the Democrats, you're already digging a hole 19 into next year's budget. 20 Senator Kruger indicated that with 21 the extender we are spending about 40 percent 22 of our entire state budget. I guess the 23 question I would have to ask would be how does 24 Senator Kruger even know it's 40 percent when 25 he has not indicated what the total spending

Candyco Transcription Service, Inc. 1 or fiscal plan will be in this budget. 2 So again, we have offered 3 responsible amendments of over $400 million to 4 truly reform and start the restructuring that 5 is necessary within the Medicaid system. 6 Again, I want to reemphasize that 7 at the last five-way leaders' meeting it was 8 agreed upon that Assemblyman Kolb and myself, 9 our respective conferences would get the 10 scoring or the marking, whatever you want to 11 call it, as to the resolutions that were 12 passed by the Democrat majorities and also a 13 scoring of what had been agreed upon between 14 the two majorities. 15 And of course that commitment has 16 not been met, just like the Budget Reform Act 17 of 2007 is being violated on a daily basis by 18 both Assembly and Senate Democrats. 19 And I'm shocked by this because the 20 great reformers, some of them not in the 21 chamber right now, that were going to reform 22 the way things were operating in Albany quite 23 frankly is an embarrassment. You're 24 embarrassing the public, and the dysfunction 25 in Albany has only gotten worse.

Candyco Transcription Service, Inc. 1 So I would urge, again, the Senate 2 Democrats, rather than just saying "We want to 3 do it," do it. Let's start the joint 4 conference committees, get the Speaker on 5 board, let's start the negotiations, and this 6 budget could be completed very quickly. 7 ACTING PRESIDENT SAVINO: Senator 8 Skelos will be recorded in the negative. 9 Senator Diaz, on the bill. 10 SENATOR DIAZ: Thank you, Madam 11 President. 12 Today is the number-ten extension 13 bill that we are doing. The first week, the 14 first week, the first extension we did, we 15 voted thinking that we cannot shut the 16 government. There was panicking. It was 17 never heard of -- how could we shut the 18 government? People will suffer. Who's going 19 to do that? Shut the government? You've got 20 to vote for these cuts, you've got to vote for 21 these extensions or you're going to shut the 22 government. 23 So the first week we did it, I did 24 it thinking that maybe by next week we will 25 get a budget done. The second week came, and

Candyco Transcription Service, Inc. 1 there was again, You're going to shut the 2 government? You can't do that. You're a 3 Democrat. You've got to support your party. 4 You've got to support your conference. You've 5 got to support your leader. You can't shut 6 the government. So I voted again. 7 The third week came, here we go 8 again. You cannot shut the government. 9 That's -- people are going to suffer. 10 So I have been voting for 10 weeks, 11 praying, Madam President and ladies and 12 gentlemen, praying that let's vote today, 13 every week, maybe by next week we will solve 14 the problem of the budget. But meanwhile, I 15 keep voting against my conscience, against 16 what I feel, against what I would like to do, 17 cutting services, cutting money to people that 18 I'm supposed to be helping. Thinking that we 19 are going to get a budget. 20 But nothing's done with the budget. 21 There is no move, there is nothing happening. 22 And every week, 10 weeks, 10 weeks, 10 weeks: 23 You cannot shut the government. People will 24 suffer. 25 And let me tell you what we're

Candyco Transcription Service, Inc. 1 doing today. I have no hospitals in my 2 district. There isn't a hospital in my 3 district, there is not one. So I'm safe, 4 praise God. There is no hospital. 5 But the people that I represent, 6 Madam President, the people that I represent 7 in my district, they go to all different 8 hospitals in the Bronx. And today, Lincoln 9 Hospital will be affected by $3 million. 10 Bronx-Lebanon Hospital, $9 million. 11 Montefiore Hospital, $10 million. North 12 Central Bronx Hospital, $1 million. St. 13 Barnabas Hospital, $6 million. Calvary 14 Hospital, $346,000. Jacobi Medical Center, 15 $2 million. Montefiore Hospital, $13 million. 16 And so on and so on. 17 And then we have said, You voted 18 for this, you have to vote for this or you 19 will shut the government. Ten weeks. Ten 20 weeks. 21 I'm going to vote for this today. 22 I'm voting for this one today. But I want 23 you, Madam President, to know that something 24 has to be done from here till next Monday, 25 because I am afraid, I am afraid that

Candyco Transcription Service, Inc. 1 government will get shut down next week. 2 Because I'm not planning to vote for any more 3 extensions. Either we fix the budget from 4 here to Monday or the Governor will get what 5 he wants, the Governor will get what he wants, 6 to shut the government. 7 So I'm voting -- my heart is 8 broken. I'm voting for this today. Painful. 9 Because we don't want to shut the government. 10 How could we do that? Ten weeks. So 11 tonight -- and people could go to my office 12 and picket, demonstrate in front of my office. 13 The editorial boards could write whatever they 14 want about me. You could say whatever you 15 want to say about me. I am not voting no more 16 to cut and to hurt the people that I'm 17 supposed to be helping. This is the last one. 18 Monday coming, I'm putting -- I'm 19 saying it publicly, I'm telling the whole 20 world, I'm telling my district and the people 21 in my community, I am in an election year, you 22 could kick me out, you could vote for my 23 opponent. I'm not voting, no more. 24 So you got my vote today, Madam 25 President. And people are going to get hurt

Candyco Transcription Service, Inc. 1 and cuts are going to be done and health is 2 going to be suffering. Close to a billion 3 dollars cut in health. 4 So I hope that from here to Monday 5 the budget gets solved and we do something. 6 Because again, and I'm going to repeat myself 7 again, I'm very, very afraid that Monday 8 government will get shut down unless something 9 extraordinary, very extraordinary happens. 10 So I'm voting yes tonight. 11 ACTING PRESIDENT SAVINO: Senator 12 Diaz will be recorded in the affirmative. 13 Are there any other Senators 14 wishing to be heard on the bill? 15 Seeing none, the debate is closed. 16 The Secretary will ring the bells. We ask all 17 members to return to the chamber so that we 18 can vote on the bill. 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT SAVINO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT SAVINO:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 762 are 4 Senators Bonacic, DeFrancisco, Farley, 5 Flanagan, Fuschillo, Golden, Griffo, Hannon, 6 Lanza, Larkin, LaValle, Leibell, Libous, 7 Little, Marcellino, Maziarz, McDonald, 8 Nozzolio, Padavan, Ranzenhofer, Robach, 9 Saland, Seward, Skelos, Volker, Winner and 10 Young. 11 Ayes, 32. Nays, 27. 12 ACTING PRESIDENT SAVINO: The 13 bill is passed. 14 Senator Klein, that completes the 15 reading of the controversial supplemental 16 calendar. 17 SENATOR LIBOUS: Madam President, 18 is there any further business at the desk? 19 ACTING PRESIDENT SAVINO: No, 20 Senator Klein, there is not. 21 SENATOR KLEIN: There being no 22 further business, Madam President, I move that 23 we adjourn until Tuesday, June 8th, at 24 3:00 p.m. 25 ACTING PRESIDENT SAVINO: There

Candyco Transcription Service, Inc. 1 being no further business to come before the 2 Senate, on motion, the Senate stands adjourned 3 until Tuesday, June 8th, at 3:00 p.m. 4 (Whereupon, at 8:30 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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