Monday, June 14, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 14, 2010 11 1:42 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG M. JOHNSON, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Sunday, June 13, the Senate met pursuant to 19 adjournment. The Journal of Saturday, 20 June 12, was read and approved. On motion, 21 Senate adjourned. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 have quite a few motions. 11 First, on behalf of Senator 12 Valesky, I wish to call up Senate Print Number 13 5440B, recalled from the Assembly, which is 14 now at the desk. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will read the title. 17 THE SECRETARY: Calendar Number 18 79, by Senator Valesky, Senate Print 5440B, an 19 act to amend the Alcoholic Beverage Control 20 Law. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 now move to reconsider the vote by which this 25 bill was passed.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will call the roll on 3 reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 45. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 now offer the following amendments. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Amendments received. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, on 14 behalf of Senator Valesky, I wish to call up 15 Senate Print Number 7198A, recalled from the 16 Assembly, which is now at the desk. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The Secretary will read the title. 19 THE SECRETARY: Calendar Number 20 540, by Senator Valesky, Senate Print 7198A, 21 an act to amend the Highway Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I 25 now move to reconsider the vote by which this

Candyco Transcription Service, Inc. 1 bill was passed. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Secretary will call the roll on 4 reconsideration. 5 THE SECRETARY: Ayes, 51. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 offer the following amendments. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Amendments received. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, on 14 behalf of Senator Espada, I move that the 15 following bill be discharged from its 16 respective committee and be recommitted with 17 instructions to strike the enacting clause: 18 Senate Number 8127. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 So ordered. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 move that the following bill be discharged 24 from its respective committee and be 25 recommitted with instructions to strike the

Candyco Transcription Service, Inc. 1 enacting clause: Senate Print 1940, on behalf 2 of Senator Stachowski. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 So ordered. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, on 7 behalf of Senator Valesky, I move that the 8 following bill be discharged from its 9 respective committee and be recommitted with 10 instructions to strike the enacting clause: 11 Senate Print Number 5677. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 So ordered. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, on 16 behalf of Senator Sampson, please place a 17 sponsor's star on Calendar Number 335. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 So ordered. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, on 22 behalf of Senator Parker, I wish to call up 23 Print Number 6079A, recalled from the 24 Assembly, which is now at the desk. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The Secretary will read the title. 2 THE SECRETARY: Calendar Number 3 379, by Senator Parker, Senate Print 6079A, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 now move to reconsider the vote by which this 9 bill was passed. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will call the roll on 12 reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 now offer the following amendments. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Amendments received. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, on 23 behalf of Senator Foley, I wish to call up 24 Senate Print Number 6041, recalled from the 25 Assembly, which is now at the desk.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will read the title. 3 THE SECRETARY: Calendar Number 4 219, by Senator Foley, Senate Print 6041, an 5 act to amend the Real Property Tax Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The Secretary will call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, I 19 now offer the following amendments. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Amendments received. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, on 24 behalf of Senator L. Krueger, I wish to call 25 up Print Number 3853, recalled from the

Candyco Transcription Service, Inc. 1 Assembly, which is now at the desk. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Secretary will read the title. 4 THE SECRETARY: Calendar Number 5 595, by Senator L. Krueger, Senate Print 3853, 6 an act to amend the Real Property Tax Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 now move to reconsider the vote by which this 11 bill was passed. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Secretary will call the roll on 14 reconsideration. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, I 20 now offer the following amendments. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Amendments received. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, on 25 behalf of Senator Addabbo, I wish to call up

Candyco Transcription Service, Inc. 1 Print Number 3538A, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will read the title. 5 THE SECRETARY: Calendar Number 6 384, by Senator Addabbo, Senate Print 3538A, 7 an act to amend the Civil Service Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 51. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Amendments received. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, on

Candyco Transcription Service, Inc. 1 behalf of Senator Stavisky, I wish to call up 2 Senate Print Number 1538B, recalled from the 3 Assembly, which is now at the desk. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The Secretary will read the title. 6 THE SECRETARY: Calendar Number 7 139, by Senator Stavisky, Senate Print 1538B, 8 an act to amend the Executive Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 now move to reconsider the vote by which this 13 bill was passed. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The Secretary will call the roll on 16 reconsideration. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 51. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 now offer the following amendments. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Amendments received. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, on 2 behalf of Senator Squadron, I wish to call up 3 Calendar Number 506, Assembly Print Number 4 10147. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The Secretary will read the title. 7 THE SECRETARY: Calendar Number 8 506, by Member of the Assembly Brodsky, 9 Assembly Print Number 10147, an act to amend 10 the Public Authorities Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: I now move to 14 reconsider the vote by which this bill was 15 substituted for Senate Print Number 7365 on 16 May 12th. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 51. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein. 24 SENATOR KLEIN: I now move that 25 Assembly Bill Number 10147 be recommitted to

Candyco Transcription Service, Inc. 1 the Committee on Corporations and the Senate 2 bill be restored to the order of Third Reading 3 Calendar. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 So ordered. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 offer the following amendments. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Amendments received. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, on 13 behalf of Senator Valesky, I wish to call up 14 Calendar Number 267, Assembly Print Number 15 6671B. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will read the title. 18 THE SECRETARY: Calendar Number 19 267, by Member of the Assembly Rosenthal, 20 Assembly Print Number 6671B, an act to amend 21 the Public Health Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein. 24 SENATOR KLEIN: I now move to 25 reconsider the vote by which this Assembly

Candyco Transcription Service, Inc. 1 bill was substituted for Senate Print Number 2 5463B on March 22nd. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will call the roll on 5 reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 51. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein. 10 SENATOR KLEIN: I now move that 11 Assembly Bill Number 6671B be recommitted to 12 the Committee on Codes and the Senate bill be 13 recommitted to the Committee on Codes, with 14 instructions to said committee to strike out 15 the enacting clause. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 So ordered. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, I 20 believe Senator Libous also has some floor 21 motions. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Libous. 24 SENATOR LIBOUS: Thank you very 25 much, Senator Klein.

Candyco Transcription Service, Inc. 1 Mr. President, on behalf of Senator 2 Maziarz, on page 37 I offer the following 3 amendments to Calendar Number 701, Senate 4 Print 6934, and ask that said bill retain its 5 place on the Third Reading Calendar. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Amendments received. 8 Senator Libous. 9 SENATOR LIBOUS: Thank you. 10 Mr. President, I have one more, on 11 behalf of Senator Fuschillo. Mr. President, I 12 wish to call up his bill, Print Number 46A, 13 recalled from the Assembly, which is now at 14 the desk. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will read the title. 17 THE SECRETARY: Calendar Number 18 134, by Senator Fuschillo, Senate Print 46A, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Libous. 22 SENATOR LIBOUS: Thank you. 23 Mr. President, I now move to reconsider the 24 vote by which this bill was passed. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The Secretary will call the roll on 2 reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 51. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Libous. 7 SENATOR LIBOUS: Mr. President, 8 on behalf of my friend and colleague Senator 9 Fuschillo, I offer up the following 10 amendments. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Amendments received. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, I 15 have some additional amendments. 16 First, on behalf of Senator 17 Schneiderman, on page 21, Calendar Number 337, 18 Senate Print Number 7142. 19 On behalf of Senator Craig Johnson, 20 on page 22, Calendar Number 356, Senate Print 21 Number 5538. 22 On behalf of Senator Breslin, on 23 page number 32, Calendar Number 609, Senate 24 Print Number 7118. 25 On behalf of myself, on page 34,

Candyco Transcription Service, Inc. 1 Calendar Number 656, Senate Print Number 2 2992A. 3 On behalf of Senator Breslin, on 4 page 35, Calendar Number 682, Senate Print 5 Number 6949. 6 On behalf of Senator Adams, on 7 page 36, Calendar Number 695, Senate Print 8 Number 7275A. 9 On behalf of Senator Breslin, on 10 page number 42, Calendar Number 751, Senate 11 Print Number 6014A. 12 Again, on behalf of myself, on 13 page 42, Calendar Number 753, Senate Print 14 Number 7196. 15 And finally, on behalf of Senator 16 Dilan, on page 26, Calendar Number 459, Senate 17 Print Number 5711A. 18 Mr. President, I now move that 19 these bills retain their place on the order of 20 Third Reading Calendar. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Amendments received. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I 25 believe there are substitutions at the desk.

Candyco Transcription Service, Inc. 1 I ask that we make the substitutions at this 2 time. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will read. 5 THE SECRETARY: On page 43, 6 Senator Klein moves to discharge, from the 7 Committee on Environmental Conservation, 8 Assembly Bill Number 779A and substitute it 9 for the identical Senate Bill Number 2993B, 10 Third Reading Calendar 769. 11 On page 43, Senator Montgomery 12 moves to discharge, from the Committee on 13 Codes, Assembly Bill Number 7923 and 14 substitute it for the identical Senate Bill 15 Number 3644, Third Reading Calendar 770. 16 On page 43, Senator Sampson moves 17 to discharge, from the Committee on Housing, 18 Construction and Community Development, 19 Assembly Bill Number 859 and substitute it for 20 the identical Senate Bill Number 4087, Third 21 Reading Calendar 772. 22 On page 44, Senator Duane moves to 23 discharge, from the Committee on Health, 24 Assembly Bill Number 7617 and substitute it 25 for the identical Senate Bill Number 4498,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 775. 2 On page 44, Senator 3 Hassell-Thompson moves to discharge, from the 4 Committee on Codes, Assembly Bill Number 8012 5 and substitute it for the identical Senate 6 Bill Number 4687, Third Reading Calendar 776. 7 On page 44, Senator Foley moves to 8 discharge, from the Committee on Environmental 9 Conservation, Assembly Bill Number 2692A and 10 substitute it for the identical Senate Bill 11 Number 5113, Third Reading Calendar 779. 12 On page 44, Senator Valesky moves 13 to discharge, from the Committee on 14 Agriculture, Assembly Bill Number 915A and 15 substitute it for the identical Senate Bill 16 Number 5501, Third Reading Calendar 780. 17 On page 44, Senator Adams moves to 18 discharge, from the Committee on Finance, 19 Assembly Bill Number 7957A and substitute it 20 for the identical Senate Bill Number 6102A, 21 Third Reading Calendar 783. 22 On page 45, Senator Bonacic moves 23 to discharge, from the Committee on Finance, 24 Assembly Bill Number 9768 and substitute it 25 for the identical Senate Bill Number 6677,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 786. 2 On page 45, Senator Parker moves to 3 discharge, from the Committee on Children and 4 Families, Assembly Bill Number 3233B and 5 substitute it for the identical Senate Bill 6 Number 6877, Third Reading Calendar 787. 7 On page 45, Senator C. Kruger moves 8 to discharge, from the Committee on Finance, 9 Assembly Bill Number 10772 and substitute it 10 for the identical Senate Bill Number 7417, 11 Third Reading Calendar 792. 12 On page 46, Senator Morahan moves 13 to discharge, from the Committee on Finance, 14 Assembly Bill Number 10889 and substitute it 15 for the identical Senate Bill Number 7566A, 16 Third Reading Calendar 794. 17 On page 46, Senator Serrano moves 18 to discharge, from the Committee on Cultural 19 Affairs, Tourism, Parks and Recreation, 20 Assembly Bill Number 2769A and substitute it 21 for the identical Senate Bill Number 7657, 22 Third Reading Calendar 797. 23 On page 47, Senator Montgomery 24 moves to discharge, from the Committee on 25 Elections, Assembly Bill Number 3563 and

Candyco Transcription Service, Inc. 1 substitute it for the identical Senate Bill 2 Number 7980, Third Reading Calendar 807. 3 On page 48, Senator Breslin moves 4 to discharge, from the Committee on 5 Investigations and Government Operations, 6 Assembly Bill Number 7162B and substitute it 7 for the identical Senate Bill Number 5789A, 8 Third Reading Calendar 813. 9 On page 48, Senator Sampson moves 10 to discharge, from the Committee on Judiciary, 11 Assembly Bill Number 8969 and substitute it 12 for the identical Senate Bill Number 7201, 13 Third Reading Calendar 815. 14 On page 48, Senator Sampson moves 15 to discharge, from the Committee on Judiciary, 16 Assembly Bill Number 10851A and substitute it 17 for the identical Senate Bill Number 8013, 18 Third Reading Calendar 816. 19 On page 49, Senator Aubertine moves 20 to discharge, from the Committee on Codes, 21 Assembly Bill Number 2132 and substitute it 22 for the identical Senate Bill Number 4743, 23 Third Reading Calendar 831. 24 On page 50, Senator Klein moves to 25 discharge, from the Committee on Mental Health

Candyco Transcription Service, Inc. 1 and Developmental Disabilities, Assembly Bill 2 Number 8645B and substitute it for the 3 identical Senate Bill Number 5803B, Third 4 Reading Calendar 837. 5 On page 50, Senator Schneiderman 6 moves to discharge, from the Committee on 7 Codes, Assembly Bill Number 6468C and 8 substitute it for the identical Senate Bill 9 Number 6005A, Third Reading Calendar 839. 10 On page 50, Senator Stavisky moves 11 to discharge, from the Committee on Higher 12 Education, Assembly Bill Number 10137 and 13 substitute it for the identical Senate Bill 14 Number 7121, Third Reading Calendar 845. 15 On page 51, Senator Onorato moves 16 to discharge, from the Committee on Labor, 17 Assembly Bill Number 9898 and substitute it 18 for the identical Senate Bill Number 7409, 19 Third Reading Calendar 847. 20 On page 51, Senator Foley moves to 21 discharge, from the Committee on Codes, 22 Assembly Bill Number 9938A and substitute it 23 for the identical Senate Bill Number 7702A, 24 Third Reading Calendar 853. 25 On page 52, Senator Addabbo moves

Candyco Transcription Service, Inc. 1 to discharge, from the Committee on Codes, 2 Assembly Bill Number 3514A and substitute it 3 for the identical Senate Bill Number 7852, 4 Third Reading Calendar 854. 5 On page 52, Senator LaValle moves 6 to discharge, from the Committee on 7 Environmental Conservation, Assembly Bill 8 Number 3950 and substitute it for the 9 identical Senate Bill Number 1390, Third 10 Reading Calendar 862. 11 On page 52, Senator Thompson moves 12 to discharge, from the Committee on 13 Environmental Conservation, Assembly Bill 14 Number 2477 and substitute it for the 15 identical Senate Bill Number 3442, Third 16 Reading Calendar 863. 17 On page 52, Senator Foley moves to 18 discharge, from the Committee on Environmental 19 Conservation, Assembly Bill Number 8560B and 20 substitute it for the identical Senate Bill 21 Number 6110A, Third Reading Calendar 864. 22 On page 53, Senator Duane moves to 23 discharge, from the Committee on Health, 24 Assembly Bill Number 1729 and substitute it 25 for the identical Senate Bill Number 5002,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 866. 2 On page 53, Senator Duane moves to 3 discharge, from the Committee on Health, 4 Assembly Bill Number 9550A and substitute it 5 for the identical Senate Bill Number 7723, 6 Third Reading Calendar 867. 7 On page 53, Senator Oppenheimer 8 moves to discharge, from the Committee on 9 Education, Assembly Bill Number 3467A and 10 substitute it for the identical Senate Bill 11 Number 7820, Third Reading Calendar 871. 12 On page 54, Senator Parker moves to 13 discharge, from the Committee on Social 14 Services, Assembly Bill Number 1459 and 15 substitute it for the identical Senate Bill 16 Number 2276, Third Reading Calendar 878. 17 On page 55, Senator Schneiderman 18 moves to discharge, from the Committee on 19 Energy and Telecommunications, Assembly Bill 20 Number 193A and substitute it for the 21 identical Senate Bill Number 2349A, Third 22 Reading Calendar 887. 23 On page 55, Senator Perkins moves 24 to discharge, from the Committee on Energy and 25 Telecommunications, Assembly Bill Number 4671A

Candyco Transcription Service, Inc. 1 and substitute it for the identical Senate 2 Bill Number 3573A, Third Reading Calendar 888. 3 And on page 55, Senator Aubertine 4 moves to discharge, from the Committee on 5 Energy and Telecommunications, Assembly Bill 6 Number 10955 and substitute it for the 7 identical Senate Bill Number 7704, Third 8 Reading Calendar 889. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Substitutions ordered. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, at 13 this time can we please go to a reading of the 14 calendar. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 137, by Senator Stavisky, Senate Print 5977, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 137 are 4 Senators Fuschillo, Ranzenhofer and Skelos. 5 Ayes, 53. Nays, 3. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 201, by Member of the Assembly Glick, Assembly 10 Print Number 8220, an act to amend the 11 Education Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 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: Ayes, 56. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 317, by Senator Perkins, Senate Print 5057A,

Candyco Transcription Service, Inc. 1 an act to amend the Public Service Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 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: Those recorded in 12 the negative on Calendar Number 317 are 13 Senators Aubertine, DeFrancisco, Griffo, 14 Hannon, O. Johnson, Larkin, LaValle, Leibell, 15 Libous, Marcellino, Maziarz, McDonald, 16 Nozzolio, Ranzenhofer, Seward, Skelos, Volker, 17 Winner and Young. 18 (Pause.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 317 are 23 Senators Aubertine, DeFrancisco, Farley, 24 Flanagan, Griffo, Hannon, O. Johnson, Larkin, 25 LaValle, Leibell, Libous, Marcellino, Maziarz,

Candyco Transcription Service, Inc. 1 McDonald, Nozzolio, Padavan, Ranzenhofer, 2 Robach, Saland, Seward, Skelos, Volker, Winner 3 and Young. 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The roll call is withdrawn. The bill is laid 7 aside. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 576, by Senator Schneiderman, Senate Print 12 7806A, an act to amend Chapter 367 of the Laws 13 of 1999, amending the Civil Practice Law and 14 Rules. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Read the last section. 17 THE SECRETARY: Section 6. 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, 59. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 614, by Senator Klein, Senate Print 5753A, an 4 act to amend the Education Law. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 622, by Senator Squadron, Senate Print -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 645, by Senator Oppenheimer, Senate Print 25 1180A, an act to amend the Tax Law.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is laid aside. 4 THE SECRETARY: Calendar Number 5 694, by Senator Adams, Senate Print 7162, an 6 act to amend the Racing, Pari-Mutuel Wagering 7 and Breeding Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 59. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 699, by Senator Duane, Senate Print 7827, an 22 act to amend the Public Health Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect January 1, 2011. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 706, by Senator Oppenheimer, Senate Print -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is laid aside. 15 THE SECRETARY: Calendar Number 16 714, by Member of the Assembly O'Donnell, 17 Assembly Print Number 7961, an act to amend 18 the Criminal Procedure Law. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Announce the results. 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Skelos recorded in the negative. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 722, by Senator Thompson, Senate Print -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 725, by Member of the Assembly Bing, Assembly 15 Print Number -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is laid aside. 19 THE SECRETARY: Calendar Number 20 743, by Member of the Assembly Destito -- 21 SENATOR LIBOUS: Lay it aside. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is laid aside. 24 THE SECRETARY: Calendar Number 25 750, by Senator Hassell-Thompson --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 769, substituted earlier today by Member of 7 the Assembly Paulin, Assembly Print Number 8 779A, an act to amend the Environmental 9 Conservation Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 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, 59. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 770, substituted earlier today by Member of 24 the Assembly Scarborough, Assembly Print 25 Number 7923, an act to amend the Social

Candyco Transcription Service, Inc. 1 Services Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 120th 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, 59. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 773, by Senator Aubertine, Senate Print 4103, 16 an act to amend the Economic Development Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 784, by Senator Klein, Senate Print 6203, an 6 act to amend the New York State Urban 7 Development -- 8 SENATOR LIBOUS: Mr. President. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Libous, why do you rise? 11 SENATOR LIBOUS: Thank you, 12 Mr. President. We just passed 773, and for 13 some reason we jumped to 784. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 One moment, Senator Libous. Let me confer. 16 Senator Libous -- 17 SENATOR LIBOUS: Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bills that you referenced were 20 inadvertently filed. We're going to get to 21 them in a minute to bring them up for the 22 calendar. They will be called for a vote. 23 We're just going to wait for a minute. 24 SENATOR LIBOUS: So, 25 Mr. President, we're in recess for a minute or

Candyco Transcription Service, Inc. 1 we're at ease for a minute or -- 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Just give us one second. 4 Senator Libous, guess what, we're 5 ready. So we're now going to continue. 6 The Secretary will continue to 7 read. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 775, substituted earlier today by Member of 14 the Assembly Gottfried, Assembly Print Number 15 7617, an act to amend the Public Health Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 SENATOR HANNON: Lay it aside. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside. 21 THE SECRETARY: Calendar Number 22 779, substituted earlier today by Member of 23 the Assembly Sweeney, Assembly Print Number 24 2692A, an act to amend the Environmental 25 Conservation 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 immediately. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Announce the results. 10 THE SECRETARY: Ayes, 59. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 780, substituted earlier today by Member of 15 the Assembly DelMonte, Assembly Print Number 16 915A, an act to amend the Agriculture and 17 Markets Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 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, 59. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 783, substituted earlier today by Member of 7 the Assembly Lentol, Assembly Print Number 8 7957A, an act to amend the Executive Law and 9 others. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect on the first of January. 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, 59. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 784, by Senator Klein, Senate Print 6203, an 24 act to amend the New York State Urban 25 Development Corporation Act.

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 immediately. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein, to explain his vote. 10 SENATOR KLEIN: Just briefly, 11 Mr. President. 12 This is, I believe, a piece of 13 legislation that's going to go a long way 14 towards making sure that our upstate region, 15 those farm regions, get to sell their produce 16 downstate. 17 One of the things that I've seen 18 over the years which always angered me is that 19 a lot of the produce that's sold in the 20 downstate community, most specifically in 21 New York City, isn't New York-grown. This 22 legislation will change that and not only give 23 larger markets downstate but smaller ones, 24 through farmer's markets, the ability to 25 easily access upstate farm products.

Candyco Transcription Service, Inc. 1 So of course I vote yes, 2 Mr. President. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein to be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 60. Nays, 8 0. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 790, by Senator Hassell-Thompson, Senate Print 13 7068, an act to amend the Correction Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Little, to explain her vote. 23 SENATOR LITTLE: Thank you, 24 Mr. President. 25 I'd like to begin by thanking

Candyco Transcription Service, Inc. 1 Senator Hassell-Thompson for this piece of 2 legislation. As you know, as a representative 3 of the 45th Senate District and six counties 4 in the North Country, up to two years ago I 5 had 12 state prison facilities. One was 6 closed last year, and we're looking at a 7 possible closure of two again this year. 8 This bill would amend Section 79B 9 of the Correction Law which we passed in 2005. 10 That Correction Law gives one-year notice to a 11 community if there is going to be a facility 12 closed and a six-month adaptive-use notice 13 that has to be done by the Commissioner of 14 Corrections. 15 Rightly so, Senator 16 Hassell-Thompson, has put forward in this bill 17 an amendment that would require the 18 Commissioner of Economic Development as well 19 as General Services and other areas of 20 government to be involved in any adaptive use 21 plan. And this would take effect now. It 22 takes effect immediately, as soon as this bill 23 is passed and signed. 24 The point I'm trying to make is 25 that this is key. Because we know that there

Candyco Transcription Service, Inc. 1 is a reduction in the inmates in New York 2 State prisons, but when you start to look at 3 what facilities you're going to close, a big 4 part of it should be to look at the reuse of 5 that facility and the economic impact on that 6 community. 7 And I will tell you that the 8 economic impact on the communities in the 9 North Country is similar to pulling the rug 10 out from under someone. We have a tremendous 11 economic need, and these facilities have 12 filled a great portion of that need. 13 Therefore, having this adaptive use 14 done by an economic development team would be 15 more important. But even better than that, 16 and -- I have suggested it to Senator 17 Hassell-Thompson and will continue to suggest 18 it -- that this economic development adaptive 19 use be done before a facility is targeted for 20 closure. 21 And if that had been the case, I 22 feel certain that two of the facilities that 23 are in my district today would not be on the 24 closure list, and the one that was closed last 25 year and is still empty would not have been on

Candyco Transcription Service, Inc. 1 the closure list. When it's so important to 2 the economy, we need to look at that and the 3 impact on everyone involved in it. 4 So thank you for the bill. I hope 5 that we can somehow amend this bill so that 6 this will be done ahead of time, before the 7 decision, and we look at facilities to be 8 closed but let's look at ones that there is a 9 reuse for or there are other jobs in that area 10 for and what's the economic impact. 11 Thank you very much, and I vote 12 aye. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Little will be recorded in the 15 affirmative. 16 Senator Ruth Hassell-Thompson, to 17 explain her vote. 18 SENATOR HASSELL-THOMPSON: Thank 19 you, Mr. President. I rise just to add just a 20 little bit to the discussion that has been 21 raised by Senator Little. 22 In visiting both Gabriel and this 23 year Moriah, it isn't that I don't trust the 24 opinion of the commissioner in his desire to 25 close the facilities, but more importantly, I

Candyco Transcription Service, Inc. 1 think what has been shown is that these 2 prisons historically were placed in these 3 areas as an answer to an economic crisis that 4 was occurring in many of these districts. And 5 once the prisons were put there, that crisis 6 was somewhat mitigated. 7 Moving the prisons without doing a 8 reuse plan, without having a reuse plan in 9 place, can have such extraordinary and 10 devastating effects. Just looking at the pile 11 of letters that I just received from 12 Ogdensburg alone, and certainly from Lyons and 13 other prisons that are potentially going to 14 close, while we're happy about the drop in 15 crime and no longer the need for prisons, it 16 still does not mean that we don't need 17 industry in that part of our state. 18 And so I think that what we've 19 asked the commissioner to do is to work with 20 the expertise of some of the other departments 21 as a panel. And, Betty, like you -- Senator 22 Little, like you, I agree that this should 23 begin long before we talk about prison 24 closures, so that by the time the closure is 25 imminent, everyone is comforted by knowing

Candyco Transcription Service, Inc. 1 that some of the losses that they're going to 2 sustain will be replaced. 3 And so I thank you for your 4 support, and I hope that all of my colleagues 5 will do so as well. 6 Thank you, Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Hassell-Thompson to be recorded in the 9 affirmative. 10 Senator Nozzolio, to explain his 11 vote. 12 SENATOR NOZZOLIO: Thank you, 13 Mr. President. 14 Mr. President, I rise in support of 15 this legislation based on the representations 16 by the sponsor, Senator Hassell-Thompson, that 17 this measure will apply immediately to any 18 potential prison closures that may be on the 19 books. 20 I should add, because we do not 21 have a budget, that it is still up in the air 22 whether or not there are closures that will 23 take place this year. But if there are, this 24 measure should definitely -- if the budget 25 prevails, I know there are many who are

Candyco Transcription Service, Inc. 1 opposed to that approach. But at the very 2 least, that this new procedure will be enacted 3 immediately and will be in effect for any 4 change in the correctional system that is 5 foisted about as a result of the enacted state 6 budget. 7 I should also hasten to add that 8 Senator Thompson's measure, which is extremely 9 important as we look at economic development 10 and continue to provide for the best, most 11 efficient results for our taxpayers, that this 12 also provides the appropriate notice to a 13 community. 14 That legislation and law that I had 15 sponsored and this body enacted required a 16 12-month notice to the communities. Last 17 year, that notice provision was knocked aside 18 by some who supported its repeal. We hope 19 that this notice provision continues as a 20 result of the new measure sponsored by Senator 21 Hassell-Thompson. 22 Because of those two components, 23 economic development that will be affected 24 immediately and a year notice still will 25 prevail, that is why I can support this

Candyco Transcription Service, Inc. 1 measure. 2 And I thank, Mr. President, you for 3 the opportunity to be allowed to explain why. 4 SENATOR HANNON: Thank you, 5 Senator Nozzolio. 6 Senator Nozzolio to be recorded in 7 the affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 60. Nays, 10 0. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 800, by Senator C. Kruger, Senate Print 7838, 15 an act to amend the Local Finance Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 THE SECRETARY: Section 4. 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: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 888, substituted earlier today by Member of 5 the Assembly Benjamin, Assembly Print Number 6 4671A, an act to amend the Public Service Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 888 are 18 Senators DeFrancisco, O. Johnson, Larkin, 19 Little, Marcellino, Maziarz, Nozzolio, 20 Ranzenhofer, Seward, Volker and Winner. Also 21 Senator Farley. 22 Ayes, 48. Nays, 12. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 Senator Klein, that completes the

Candyco Transcription Service, Inc. 1 reading of the noncontroversial calendar. 2 SENATOR KLEIN: Mr. President, at 3 this time can you please recognize Senate 4 President Malcolm Smith to introduce some very 5 distinguished guests. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Smith. 8 SENATOR SMITH: Thank you very 9 much, Mr. President. 10 Colleagues, this afternoon, from 11 time to time we have the pleasure of having 12 distinguished guests to enter these august 13 chambers. About seven months ago, Senate 14 Conference Leader John Sampson, Senator Kevin 15 Parker and myself -- 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Smith, I apologize. Can we please 18 have some order in the chamber. 19 Again, could we please have some 20 order in the chamber. Thank you. 21 Senator Smith. 22 SENATOR SMITH: Thank you, 23 Mr. President. 24 Several months ago, Senator Parker, 25 myself, Conference Leader Senator John

Candyco Transcription Service, Inc. 1 Sampson, along with a number of our Assembly 2 colleagues -- Majority Leader Ron Canestrari, 3 Assemblywoman Audrey Pheffer and others -- 4 visited China for the purpose of talking to 5 the leadership in China with regards to a 6 business relationship and cultural exchange 7 between New York and China. 8 We had a number of companies we 9 visited, some of which have come to New York 10 since our trip to talk about the partnership 11 and the potential of New York and China coming 12 together to do business. 13 Today, Mr. President, we have been 14 fortunately joined by several distinguished 15 members of the Chinese government. This 16 morning Senator Sampson and myself, Senator 17 Dilan, had a conversation with the ambassador 18 from China. As you know, today is High-Speed 19 Rail Day up here in the Senate. We've had a 20 number of conversations around high-speed 21 rail; in particular, the financing thereof. 22 We also had a conversation, as 23 Kevin Parker will tell you, regarding Trina 24 Solar, which is a Chinese solar panel 25 manufacturing company which has an interest in

Candyco Transcription Service, Inc. 1 coming to upstate New York. 2 Ambassador Peng Keyu, from China, 3 the Chinese consul general. We're joined by 4 Consul Fan Jianghong, the assistant to the 5 ambassador, and also Consul Zhang Haitao, 6 who's the assistant to the ambassador. And of 7 course many of us who know him very well, our 8 good friend John Wang, who is the president of 9 the Asian-American Business Development 10 Center. 11 We've had a tremendous day here in 12 the Capitol, colleagues. So many of you have 13 been so cordial to them. They are leaving 14 here with a sense of relationship and a sense 15 of camaraderie from this chamber. We 16 committed to the ambassador that we would look 17 forward to exploring potential opportunities 18 between China and New York in the near future. 19 Ambassador and your colleagues, I'd 20 like to welcome you on behalf of the State 21 Senate, on behalf of our conference leader, 22 Senator John Sampson, our minority leader, 23 Senator Skelos, and colleagues on the other 24 side of the aisle. Thank you so much for 25 gracing us with your presence today.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Thank you, Senator Smith. 3 Senator Stavisky. 4 SENATOR STAVISKY: Yes, very 5 briefly, to our friends: Ni hao. We are 6 delighted to welcome you here to Albany. And 7 I know that the relationship is a warm one, a 8 strong one. 9 And as someone who represents many 10 people of Asian-American descent, particularly 11 in the Flushing community, we welcome you to 12 Albany and we look forward to improving and 13 expanding our economic development and the 14 relationship between us and the People's 15 Republic of China. 16 Thank you. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Thank you, Senator Stavisky. 19 Again, on behalf of the New York 20 State Senate, we welcome you, gentlemen. 21 Senator Dilan. 22 SENATOR DILAN: Thank you very 23 much, Mr. President. 24 I just rise to join President Pro 25 Tem Malcolm Smith, Majority Leader John

Candyco Transcription Service, Inc. 1 Sampson inn welcoming the Chinese delegation 2 here to our chambers today. 3 And we do look forward to economic 4 development ventures and cultural exchange 5 with you, especially in the area of high-speed 6 rail. 7 So thank you very much, and 8 welcome. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Thank you, Senator Dilan. 11 Is there any other Senator who 12 would wish to be heard? 13 Again, gentlemen, thank you. 14 Welcome. To the representatives of the 15 People's Republic of China, welcome to this 16 chamber. 17 (Applause.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 can you please call on Senator Ruth 22 Hassell-Thompson for a brief announcement. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Yes,

Candyco Transcription Service, Inc. 1 thank you, Mr. President. 2 Before I give the official 3 announcement, I'd also like to announce today 4 is Tommy's birthday, our Journal clerk. And I 5 just would like us to know that and to extend 6 to him -- this is an important number for him. 7 Happy birthday to you, Tommy. 8 (Applause.) 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Mr. President. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Happy birthday, Tommy. Let the record reflect 13 it is your birthday today. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 controversial calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will ring the bell. 20 Members are all asked to come to 21 the chamber for a reading of the controversial 22 calendar. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 317, by Senator Perkins, Senate Print 5057A --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 645, by Senator Oppenheimer, Senate Print 7 1180A, an act to amend the Tax Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 There is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Debate is closed. Will the Secretary please 15 ring the bells. 16 Read the last section. 17 THE SECRETARY: Section 2. 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 Senator Oppenheimer, to explain her vote. 24 SENATOR OPPENHEIMER: I'd like to 25 explain, while this is a tax, it is not a tax.

Candyco Transcription Service, Inc. 1 And the reason I say that is because this is a 2 hotel occupancy tax, which exists in many of 3 our cities. 4 The reason I say it is not a tax, 5 though it is a tax, is because it is on 6 outsiders coming to stay at that hotel. And 7 whatever money comes from this 3 percent tax 8 on hotel rooms spares the residents that 9 3 percent that would be put onto their 10 property tax. It's an alternate tax to bring 11 revenues to a village that only has the 12 property tax as its source of revenues. 13 So it is sort of the reverse of 14 what you think of as a tax. This actually 15 would be very, very helpful to the property 16 taxpayers of this community, because it would 17 be an alternative tax, aside from their 18 property tax, to help them pay for municipal 19 services. 20 So I just wanted to inject that so 21 you recognize the difference between a hotel 22 occupancy tax and most other taxes. 23 Thank you. I'll be voting yes. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 645 are 3 Senators Alesi, Bonacic, DeFrancisco, Farley, 4 Flanagan, Fuschillo, Golden, Griffo, Hannon, 5 O. Johnson, Lanza, Larkin, LaValle, Leibell, 6 Libous, Little, Marcellino, Maziarz, McDonald, 7 Nozzolio, Padavan, Ranzenhofer, Robach, 8 Saland, Seward, Skelos, Volker, Winner and 9 Young. 10 Ayes, 32. Nays, 29. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 706, by Senator Oppenheimer, Senate Print 15 2003, an act to amend the Election Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Hearing no debate, debate is closed. The 18 Secretary will please ring the bells. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of January. 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 Senator Montgomery, to explain her vote. 2 SENATOR MONTGOMERY: Yes, 3 Mr. President, I rise to support this 4 legislation. 5 It is a very important bill because 6 it will make it possible and encourage 7 students on campuses around our state to 8 participate in the electoral process. And if 9 there's any issue that is important to us, it 10 is that we want young Americans to be involved 11 in the electoral process. We want them 12 voting, we want them understanding and 13 participating in their government. And we 14 definitely want to be reaching out to include 15 them, because that is in fact determinant of 16 the future success of our democracy. 17 So I thank Senator Oppenheimer for 18 this legislation, and I vote aye. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Montgomery to be recorded in the 21 affirmative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 706 are 25 Senators Alesi, Bonacic, DeFrancisco, Farley,

Candyco Transcription Service, Inc. 1 Flanagan, Fuschillo, Golden, Griffo, Hannon, 2 O. Johnson, Lanza, Larkin, LaValle, Leibell, 3 Libous, Little, Marcellino, Maziarz, McDonald, 4 Nozzolio, Padavan, Ranzenhofer, Robach, 5 Saland, Seward, Skelos, Volker, Winner and 6 Young. 7 Ayes, 32. Nays, 29. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 725, by Member of the Assembly Bing, Assembly 12 Print Number 10689A, an act to amend the 13 Executive Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Seeing no debate, debate is closed. The 16 Secretary will please ring the bells. 17 Senator Padavan, why do you rise? 18 SENATOR PADAVAN: Will the 19 Senator yield for a question. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Squadron, Senator Padavan has asked 22 that you yield. Do you yield for a question? 23 SENATOR SQUADRON: Absolutely. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Padavan.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: I understand 2 the City Council in New York City passed a 3 bill requiring the very same need, but it was 4 vetoed by the mayor. 5 SENATOR SQUADRON: I'm sorry, 6 Mr. President, I can't hear. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Can we please have some order in the chamber. 9 We are on the controversial calendar. 10 I also remind all Senators to 11 please stay within the chamber. 12 Senator Padavan, if you'd mind 13 repeating your question. 14 SENATOR PADAVAN: Yes, I'll 15 repeat the question. 16 I understand a bill similar to this 17 passed the City Council. It was then vetoed 18 by the mayor and then overridden. Am I 19 correct? 20 SENATOR SQUADRON: Through you, 21 Mr. President, I know that a bill similar to 22 this is the law in the City of New York. I 23 can't speak for certain, but I assume Senator 24 Padavan has his facts right. 25 SENATOR PADAVAN: Would the

Candyco Transcription Service, Inc. 1 Senator yield again. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Squadron, do you continue to yield? 4 SENATOR SQUADRON: Absolutely. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Padavan. 7 SENATOR PADAVAN: That having 8 taken place, I also understand the matter is 9 now in the middle of litigation, meaning the 10 law has been challenged in terms of its either 11 constitutionality, applicability, whatever the 12 basis of that legal action is. 13 Are you aware of that? 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Squadron. 16 SENATOR SQUADRON: Mr. President, 17 I can't speak to any ongoing litigation. 18 What I can say is that New York 19 City isn't the only locality in the state to 20 have this law. It's also in your home county 21 of Nassau, in Buffalo, Hamburg, and West 22 Seneca, and I believe Yonkers is moving on 23 similar legislation. 24 SENATOR PADAVAN: Mr. President, 25 I understand exactly what the Senator and

Candyco Transcription Service, Inc. 1 sponsor is saying, but it would seem to me 2 that if the matter is currently being subject 3 to litigation in the City of New York, the 4 largest area in which it would be applicable 5 in terms of numbers, it would be prudent for 6 us not to be passing a bill at this time until 7 the outcome of that litigation is determined, 8 and perhaps at that time there would be things 9 you would need to do to make the law 10 appropriate and possible. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Are there any other Senators who wish to be 13 heard? 14 Seeing none, debate is closed. 15 The Secretary will please ring the 16 bells. 17 Read the last section. 18 THE SECRETARY: Section 2. 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 Senator Squadron, to explain his vote. 25 SENATOR SQUADRON: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 This bill, as I mentioned during 3 the brief debate, is the law in a number of 4 localities in New York State as well as 12 5 states in the nation. And its purpose is very 6 clear. It's meant to ensure that all housing 7 is available to all people. 8 Housing discrimination on the basis 9 of your source of income particularly affects 10 those with disabilities, who are 11 overwhelmingly more likely to have some sort 12 of government subsidy that helps pay for their 13 housing. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Can we please have some order in the chamber. 16 SENATOR SQUADRON: Similarly, 17 domestic violence victims, others among the 18 most vulnerable, are adversely impacted by 19 source-of-income discrimination. 20 This is a basic way to ensure that 21 all housing, if you can afford it, however it 22 is you're paying for it, as long as you have a 23 legal source of income, is available to all 24 people in the state. It's a basic and 25 necessary human right in this state that we

Candyco Transcription Service, Inc. 1 house folks. That's been decided again and 2 again. And this is an important step in doing 3 so. 4 I vote aye. Thank you, 5 Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Squadron to be recorded in the 8 affirmative. 9 Senator Thompson, to explain his 10 vote. 11 SENATOR THOMPSON: Yes, I just 12 want to say quickly I strongly support this 13 bill. When I was on the city council in 14 Buffalo, I actually authored the fair housing 15 law for Buffalo, which is one of the reasons 16 why there's a reference here. 17 And I want to commend my colleague 18 for moving this bill forward, and I think it's 19 a good bill. I am a yes vote. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Thompson to be recorded in the 22 affirmative. 23 Senator Huntley, to explain her 24 vote. 25 SENATOR HUNTLEY: Yes, Mr.

Candyco Transcription Service, Inc. 1 President. I would like to commend Senator 2 Squadron for this bill. It will help a lot of 3 people in my district and in the State of 4 New York. I think it's a great bill, and I 5 just want to thank him for it. 6 And I will vote yes. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Huntley to be recorded in the 9 affirmative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 725 are 13 Senators Alesi, Bonacic, DeFrancisco, Farley, 14 Flanagan, Golden, Griffo, Hannon, O. Johnson, 15 Lanza, Larkin, LaValle, Leibell, Libous, 16 Little, Marcellino, Maziarz, McDonald, 17 Nozzolio, Padavan, Ranzenhofer, Saland, 18 Seward, Skelos, Volker, Winner and Young. 19 Ayes, 34. Nays, 27. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 743, by Member of the Assembly Destito, 24 Assembly Print Number 520, an act to amend the 25 Executive Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Padavan, why do you rise? 3 SENATOR PADAVAN: Would the 4 sponsor yield to a question? 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Parker, Senator Padavan has sought you 7 to yield for a question. Do you so yield? 8 SENATOR PARKER: Absolutely. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Padavan. 11 SENATOR PADAVAN: Senator, the 12 goal of your bill is certainly laudable. 13 Currently it's recommended that in various 14 jurisdictions that a registry of people who 15 are aged and infirm, they're disabled, be kept 16 on record in the event of a disaster of some 17 sort. 18 What your bill does, it mandates 19 it. It said "shall be required." Now, in a 20 city like ours of over 8 million people, I 21 can't venture on accurate guess as to how many 22 individuals would fall under this definition: 23 Aged, disabled. I assume it would be in the 24 hundreds of thousands. 25 Now, how would the City of New York

Candyco Transcription Service, Inc. 1 go about identifying all of the persons that 2 are required to be listed in this directory -- 3 or registry, rather, under the provisions of 4 your bill? 5 SENATOR PARKER: Thank you, 6 Senator. Through you, Mr. President. 7 As you know, we live in an age now 8 where terrorism is quite common in our 9 day-to-day lives, where we have lived through 10 the World Trade Center, Katrina, an earthquake 11 in Haiti, what we've seen in terms of tsunamis 12 in the Far East. And so what we're trying to 13 do is figure out ways to in fact make our 14 state safer and more prepared for emergencies. 15 Certainly it's important to make 16 sure that in municipalities that we have an 17 ability to know the people who are in most 18 need of help, people who are disabled or 19 infirm. And so what the bill is attempting to 20 do is to in fact gather that information using 21 some of the homeland security resources and 22 being able to track it such that if there is 23 an emergency in the certain area -- for 24 instance, in the World Trade Center, that we 25 know in that area approximately like where

Candyco Transcription Service, Inc. 1 people are, who they are, and how we can 2 effectuate a proper either evacuation, rescue, 3 or treatment of people who may be injured in a 4 particular area. 5 The particular ways they do that 6 will be actually promulgated by the State 7 Department of Homeland Security. 8 SENATOR PADAVAN: Will the 9 Senator yield. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Parker, do you continue to yield? 12 SENATOR PARKER: Yes. Through 13 you, Mr. President. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Padavan. 16 SENATOR PADAVAN: Senator, I 17 don't see anything in your bill that relates 18 to this responsibility being given to the 19 Office of Homeland Security. It does make 20 reference to the Emergency Management Office 21 and I assume other city agencies, including 22 the Health Department. But it does not relate 23 in any way that I can find to the Office of 24 Homeland Security, placing both the 25 responsibility and the cost and the mechanism

Candyco Transcription Service, Inc. 1 to do what you'd like to do in their hands. 2 SENATOR PARKER: Through you, 3 Mr. President. Senator Padavan, you're 4 correct that it does not in fact speak to it. 5 The bill does speak to the fact that the 6 county Department of Social Services and the 7 county Department of Mental Health or agencies 8 like those -- so in New York City, it would be 9 HRA and others that would do it in New York 10 City. 11 My reference to the Department of 12 Homeland Security is a reference that is not 13 necessarily related to the bill but the fact 14 that actually DHS actually has funding that 15 they are passing through from the federal 16 government to do exactly this kind of work. 17 SENATOR PADAVAN: Will the 18 Senator yield. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Parker, do you continue to yield? 21 SENATOR PARKER: Yes, I'll 22 continue to yield. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Yes, Senator Padavan. 25 SENATOR PADAVAN: My original

Candyco Transcription Service, Inc. 1 question, Senator, was how physically will the 2 Department of Health, the Office of Mental 3 Health, the Office of Emergency Management 4 physically go around the City of New York 5 identifying what I presume will be hundreds of 6 thousands of people who would fall into the 7 definition of your bill? How will they 8 physically do that? 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Parker. 11 SENATOR PARKER: Through you, 12 Mr. President. 13 Senator Padavan, they could 14 actually physically do that through records 15 they already have. HRA already currently 16 keeps records of many people who are disabled. 17 And so you can actually begin the process by 18 going through the records that we currently 19 already keep. 20 SENATOR PADAVAN: Will the 21 Senator yield. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Parker, do you continue to yield? 24 SENATOR PARKER: I will. 25 SENATOR PADAVAN: There's no

Candyco Transcription Service, Inc. 1 doubt that there are many on record, people 2 with disabilities, parking permits, all kinds 3 of various categories. But they're still only 4 a part of that total potential out there that 5 exists. 6 Now, a voluntary program would 7 enable the city to do all the things that they 8 can do, within reason. And that's covered by 9 current law, I believe. But to mandate it 10 means they must go out and find every person 11 who fits your description. And at the same 12 time, Senator, I don't see any allocation of 13 funding to do that. 14 Could you address those issues? 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Parker. 17 SENATOR PARKER: Yes, through 18 you, Mr. President. 19 First, again, as you indicated, 20 there is in fact a basis place to start, which 21 is that there are in fact many records. And 22 actually more people are actually registered 23 through various programs than are not 24 registered. 25 Secondly, you in fact -- in the

Candyco Transcription Service, Inc. 1 bill is actually a voluntary program, so it 2 actually would be up to the people with the 3 disabilities to in fact register with the 4 various county agencies. 5 And counties are actually exempted 6 from liability in this bill. So if, you know, 7 someone isn't registered because they failed 8 to register with the Department of Social 9 Services or, in the case of New York City, 10 HRA, the City of New York would not bear any 11 liability at all in that. 12 Now, from the issue of costs, you 13 know, as I indicated, no, we have not provided 14 for any costs in the bill. Again, because 15 most of the records can actually be 16 gathered -- sorry, most of the numbers of 17 people who in fact have disabilities are 18 actually already registered in some way with 19 us, that is really an administrative function 20 that we believe is nominal. 21 But also, like I indicated I think 22 to one of your previous questions, that we 23 believe that there is in fact some 24 pass-through money from the federal government 25 vis-a-vis the New York State Department of

Candyco Transcription Service, Inc. 1 Homeland Security to in fact fund some of this 2 effort. 3 SENATOR PADAVAN: All right, 4 thank you, Senator. 5 On the bill. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Padavan, on the bill. 8 SENATOR PADAVAN: As I started 9 off, the program is laudable. And there's no 10 question about that. And the voluntary 11 aspects of it that exist today -- that perhaps 12 could be expanded upon -- provide just what 13 the Senator said: People would be able to 14 register themselves, are able today to list 15 themselves with the appropriate city agencies 16 in the event of an emergency, a catastrophe of 17 some sort. Whether they're aged, infirm, 18 disabled, whatever the category might be. 19 But I still contend, as my 20 questions I think alluded to, that it's 21 virtually impossible for any locality, 22 particularly in the City of New York, with 23 over 8 million people, to identify all of the 24 folks who are subject to this particular 25 listing.

Candyco Transcription Service, Inc. 1 Now, yes, there is a provision in 2 there that eliminates any local liability 3 should someone be overlooked. That would 4 become, you know, a question of perhaps a 5 legal action whether or not we exclude that 6 liability or not, but we can lay that aside 7 for the moment. 8 I still think that we should 9 encourage whatever agencies have 10 responsibilities in this area to reach out, to 11 advertise, through the networks of 12 organizations that exist -- senior citizens 13 centers, Offices for the Disabled, Office of 14 Transportation that issues handicapped parking 15 permits -- all kinds of ways we could reach 16 out to them to ask people to volunteer their 17 names to be on a list. 18 But when you get to the provision 19 here that "shall be required," now we're in a 20 different universe. And I think that presents 21 both logistical problems how to do it and, 22 frankly, the only way I guess you could do it 23 is to hire a bunch of people to go around 24 looking for the individuals who have not 25 voluntarily registered themselves who could be

Candyco Transcription Service, Inc. 1 on this list. And that would cost money. 2 Now, I'm not aware of any Homeland 3 Security funds that have been allocated to the 4 City of New York for this purpose. If they 5 exist, then perhaps we should know about it. 6 But I don't believe they do for this specific 7 purpose. 8 So, Senator, you know, many good 9 ideas are sometimes impractical. And I think 10 yours is. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Libous. 13 SENATOR LIBOUS: Thank you, 14 Mr. President. Would Senator Parker yield for 15 a couple of questions. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Parker, do you yield? 18 SENATOR PARKER: Of course. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Libous, he yields. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. I want to pick up where my 23 colleague left off and take it from 8 million 24 people of the City of New York to, let's say, 25 about 310,000 people in the three counties

Candyco Transcription Service, Inc. 1 that I represent. Very rural counties, 2 Senator Parker. 3 How does my county of Tioga County, 4 which is extremely rural, how do they go out 5 and track these individuals? They don't have 6 the money or the resources. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Parker. 9 SENATOR PARKER: Through you, 10 Mr. President. 11 Senator Libous, again, I don't 12 think that they necessarily have to go out and 13 do a census door by door. Actually, many 14 people in even rural counties are registered 15 just like they are in New York City through 16 the social services agencies. So again, you 17 know, outside of just, you know, people are 18 getting disability benefits, people are 19 getting other kinds of services. You begin 20 there. 21 Then those county agencies also 22 have relationships with community-based 23 organizations that do work and other kinds of 24 organizations that do work in communities that 25 they can also reach out to in order to begin

Candyco Transcription Service, Inc. 1 the process of getting numbers. But 2 ultimately, as I indicated with Senator 3 Padavan's question, that ultimately this is up 4 to the disabled person to reach out to the 5 county Department of Social Services. In the 6 case of New York City, you know, it would be 7 the city Department of Human Resources 8 Administration. 9 And I'm not familiar with your 10 county and how it would work, but it's 11 ultimately liable of -- not liable, but it's 12 ultimately incumbent upon the person with a 13 disability to register so that we know where 14 people are. 15 And again, if we don't get 16 everybody, your county and no one else's 17 county is liable if any way for people being 18 not tracked. 19 SENATOR LIBOUS: Mr. President, 20 would he continue to yield. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Parker, do you continue to yield? 23 SENATOR PARKER: For Senator 24 Libous, of course. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Senator Parker and Mr. President. 4 Let's assume I have a disability, I 5 live in a rural community which is several -- 6 maybe 10, 15 miles from any village or center 7 city, and I don't receive Social Security 8 benefits, I don't receive Medicaid benefits, 9 I'm just disabled. My name would be on no 10 particular record. Does that mean the town or 11 the village at this point would then have to 12 knock on doors and find out who's disabled, 13 even though they may not have a mental health 14 history, they may not have a -- I mean, how do 15 you find those people? 16 Anyone who's disabled is covered 17 under your legislation, Senator Parker. How 18 do you find those who might not be registered 19 with an agency? 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Parker. 22 SENATOR PARKER: Through you, 23 Mr. President. I think that, again, county 24 health agencies have a lot of resources at 25 their disposal. They can speak to churches,

Candyco Transcription Service, Inc. 1 they can speak to people at home cares. There 2 are a number of both private and public 3 agencies that in fact do this work day to day. 4 And certainly they would have the ability to 5 reach out to those folks to find out who they 6 are. 7 My expectation, though, is that 8 counties will in fact reach out to their 9 communities and encourage people to become 10 registered, because this will become an added 11 benefit to them, help that they can actually 12 receive just in case that there is, you know, 13 a disaster or an emergency, to begin to 14 prepare our counties for the kind of emergency 15 preparedness that we now know that we need to 16 do in every county in the State of New York. 17 SENATOR LIBOUS: On the bill, 18 Mr. President. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Libous, on the bill. 21 SENATOR LIBOUS: Again, as I 22 think my colleague Senator Padavan noted, what 23 Senator Parker is trying to do I think is a 24 noble thing, but I think it's just not 25 practical. And I'd like to explain at least

Candyco Transcription Service, Inc. 1 in my district and I think in a lot of upstate 2 districts -- I'll defer to my colleagues in 3 the City of New York to talk about the City of 4 New York. 5 But if you take in the year 2006, 6 the three counties that I represent were hit 7 with a very devastating flood, Senator Parker. 8 And for weeks, months, we were literally 9 underwater, couldn't get to towns and 10 villages, and it was not a good sight. 11 I think what would happen here is 12 that -- let's assume that we had a particular 13 nursing home that went underwater. And I 14 would hope that the administrators in the 15 nursing home would have already an accurate 16 count of their clients. We had a hospital 17 that went underwater, and quite frankly we had 18 to evacuate the hospital. And we did that in 19 about an hour and a half. It was done very 20 successfully. And the hospital obviously 21 accounted for every person that was in that 22 hospital, because they have those records 23 available. 24 Here's to me what seems a little 25 difficult. If you were in the Village of

Candyco Transcription Service, Inc. 1 Candor -- and I don't know if any of you have 2 ever traveled through the beautiful Tioga 3 County that I represent. Candor is a 4 beautiful community. And many people live on 5 a creek in Candor. There's probably, oh, 6 maybe two dozen homes. They were all hit and 7 devastated -- Senator Winner's been to Candor. 8 They were all hit and devastated with the 9 flood. 10 Let's just assume that under this 11 directory that the county actually had the 12 resources, or the village -- which they 13 don't -- to go out and find out that somebody 14 lived in a particular home that was disabled. 15 And maybe a relative came and they were 16 evacuated from that home. Or maybe the 17 disabled person even moved -- let's say that. 18 Let's say the disabled person moved and never 19 contacted the county. 20 The flood hits, emergency crews go 21 in. I myself was involved in some of the 22 emergency evacuations; they're quite scary at 23 the time. And Red Cross personnel and the 24 National Guard would go in. And if they had a 25 record that said that Mr. So-and-So is

Candyco Transcription Service, Inc. 1 disabled, lived in this house, but he's not 2 there now, I think that causes more problems 3 and more confusion. 4 I just think in the rural upstate 5 counties, Mr. President, while this may be a 6 noble idea, I think it is going to be 7 impossible to track. I think it's impossible 8 for any small town or village who continually 9 has fewer and fewer resources -- I don't want 10 to go back home and tell the City of 11 Binghamton, for that matter, or the Village of 12 Candor, for that matter, or the Village of 13 Owego or, in Chenango County, Bainbridge, that 14 they now have to go out and track every person 15 with a disability and keep a record of that 16 and make sure that it's current and make sure 17 that it's updated. 18 I think that already -- and again, 19 maybe Senator Hannon might know this -- but I 20 would think that our nursing homes and our 21 hospitals and those big facilities all over 22 the state already have these records, as I 23 know you just used the example of Our Lady of 24 Lourdes Hospital during the evacuation: 25 500-and-some-odd patients were evacuated

Candyco Transcription Service, Inc. 1 safely and effectively, and they knew every 2 patient that was in that hospital. 3 So again, to my colleague Senator 4 Parker, I think you're trying to do a good 5 think here. I just don't think it's 6 practical. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Padavan, why do you rise? 9 SENATOR PADAVAN: Senator, 10 forgive me, I meant to ask you about this 11 before, but I overlooked it. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Parker, do you yield from a question? 14 SENATOR PARKER: Absolutely. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Padavan. 17 SENATOR PADAVAN: Senator, the 18 current law reads "A county" -- and I assume 19 that would be the City of New York as well -- 20 "shall not be liable for any claim based upon 21 the good faith exercise or performance, good 22 faith failure or exercise or performance" -- 23 so on. It eliminates their liability. 24 However, you in this bill added the 25 word "reasonable," any claim based upon the

Candyco Transcription Service, Inc. 1 reasonable good faith exercise. 2 Now, my question, Senator, does 3 this not open up a big barn door in terms of 4 liability? Because I don't know how you 5 define "reasonable." Senator Libous gave you 6 an example, there are probably a dozen others. 7 How will you define "reasonable" in 8 terms of eliminating the liability that any 9 jurisdiction would have should there be an 10 emergency and a person who should have been on 11 the list was not on the list, or was on the 12 list and moved? All kinds of configurations. 13 What does the word "reasonable" mean? 14 SENATOR PARKER: Senator 15 Padavan -- through you, Mr. President -- the 16 term "reasonable" is actually a defined term 17 within the concept of liability. So it is 18 actually a defined term. 19 And I think that, you know, I think 20 most counties understand when they get a law 21 and there's a reasonable expectation, they 22 understand what "reasonable" is. 23 I certainly don't expect that most 24 counties will have a significant problem 25 implementing this. It is the next step

Candyco Transcription Service, Inc. 1 towards what I think we need to do from a 2 homeland security perspective and an emergency 3 preparedness perspective. 4 And like I said, I think that 5 states will not be penalized for attempting to 6 make sure that their residents are safer. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Parker to close. 9 SENATOR PARKER: On the bill, 10 Mr. President. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Parker, on the bill. 13 SENATOR PARKER: As I indicated 14 before, that, you know, we're in a time now 15 when emergency preparedness ought to be at the 16 front of all of our minds, that we all ought 17 to be in our cars, you know, packing emergency 18 kits just in case something happens while 19 we're on the road or while we're away from our 20 homes, that we all ought to be preparing for 21 ourselves in our homes to make sure that we 22 have water and food and extra medicine and 23 blankets and radios and first-aid kits. 24 That we know since both 9/11 and 25 Katrina that this is an important part of what

Candyco Transcription Service, Inc. 1 we need to do. And I think that we need to 2 both push ourselves and our county governments 3 to in fact do the exact same. 4 I think this is not a perfect bill. 5 I think it's more perfect than not having one, 6 though. And I certainly am asking for my 7 colleagues to vote on it, because I think that 8 at the end of the day I understand their 9 concerns. But certainly in the case that 10 Senator Libous put forward where you actually 11 know someone lives in a certain place, one, 12 that they're asked to update these registries 13 annually. 14 So if someone moves within the 15 annual registration, we would actually figure 16 that out. If they moved in between a short 17 period, again, we can't let the perfect be the 18 enemy of the good in this particular case. 19 And so I think that the bill deals with the 20 idea of updating. 21 But also it is actually better to 22 know that Mr. Smith lives at 3220 Oakwood Lane 23 and go there and look for Mr. Smith and find 24 out that he's not there, and that way -- as 25 opposed to not someone ever going to look for

Candyco Transcription Service, Inc. 1 Mr. Smith. Or Mrs. Smith. I think that we 2 ought to be providing the best opportunity to 3 look after the least of those in our 4 communities and making sure that they are 5 protected. 6 Again, I share my colleagues' 7 concerns about funding. This is exactly the 8 kind of things that the Department of Homeland 9 Security is looking to fund, both on the 10 federal level and the state level. And 11 certainly I think that it won't take as many 12 resources as maybe is being suggested in this 13 room. 14 But I think there's also going to 15 be more resources to do this kind of work, 16 because it really is important and vital that 17 we provide an opportunity for disabled people 18 to be rescued in case of emergency. I ask you 19 to vote aye on this bill. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Thank you, Senator Parker. 22 Seeing no other Senators wishing to 23 speak, the debate is closed. The Secretary 24 will please ring the bells. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Saland, to explain his vote. 8 SENATOR SALAND: Thank you, 9 Mr. President. 10 Mr. President, again, 11 notwithstanding the laudable intent, this bill 12 is not merely a mandate, it's a mandate that 13 is incapable or impossible of being performed. 14 In part, the bill reads that people 15 of all ages with disabilities shall be given 16 the option not to be included in the 17 regulation. Well, that means first you have 18 to determine the universe of who all those 19 people are. In order to do that, you have to 20 violate HIPAA, the federal act which basically 21 is intended to give you privacy with regard to 22 health and health issues. So it's virtually 23 impossible. 24 And then you compound the problem 25 by now adding yet another question of fact.

Candyco Transcription Service, Inc. 1 Right now the existing law talks in terms of 2 good faith as a question, always a question of 3 fact. So if you determine that they acted in 4 good faith, then you also have to determine 5 that that acting in good faith was one on the 6 facts that was reasonable. So we now have two 7 hoops to jump through for a county that has 8 failed for some reason to meet now the mandate 9 imposed by this bill. 10 I think this bill, notwithstanding 11 its laudable intent, should be defeated. It 12 is an unfunded mandate the magnitude of which 13 can't be determined and one of which is 14 absolutely impossible to perform. 15 Thank you, Mr. President. I vote 16 in the negative. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Saland to be recorded in the negative. 19 Senator Libous, to explain his 20 vote. 21 SENATOR LIBOUS: Briefly, 22 Mr. President. 23 Again, Senator Parker, I think this 24 is well intended. Obviously during major 25 disasters it's important to find especially

Candyco Transcription Service, Inc. 1 our folks who are a bit more vulnerable, with 2 disabilities. 3 But I just think, at least for the 4 counties that I represent and the communities 5 that I represent, it would be a huge expensive 6 undertaking. And I know when we went 7 through -- the kind of disaster we had was 8 flood-related. Certainly we live in a flood 9 area that it could happen again. And I just 10 think that, as Senator Saland said, it is an 11 unfunded mandate at this time. So I will vote 12 no. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Libous to be recorded in the negative. 15 Senator Adams, to explain his vote. 16 SENATOR ADAMS: Thank you, 17 Mr. President. I just want to commend Senator 18 Parker on this bill. This is an important 19 bill. 20 And I think even the federal 21 government, after Katrina, passed the Pets 22 Evacuation and Transportation Standard Act, 23 which required those who are seeking federal 24 emergency management money to ensure that they 25 have some form of evacuating pets during an

Candyco Transcription Service, Inc. 1 emergency. 2 And I know this is troublesome, I 3 know it's difficult, I know it's hard. But 4 during these times that we're living in a new 5 universe of evacuation, either through 6 man-made emergencies or those who want to harm 7 America, it is easy for myself, Senator Libous 8 and others, we can walk out a door, we can 9 flee the scene. But if you're in a 10 wheelchair, if you're blind, if you have some 11 form of physical or mental disability, it's 12 not very easy to turn a doorknob -- autism and 13 other ailments that impact countless number of 14 New Yorkers. 15 We should dig deep and find the 16 resources to protect the most needy among us. 17 Let's find a way to make this happen. This is 18 the first step, the right step. And I commend 19 Senator Parker. I'll be voting aye. If we 20 could do it for a dog or cat, we could do it 21 for our grandparents and our brothers and our 22 sisters as well. 23 I vote aye. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Adams to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: Yes. 5 Eventually today, when the bill is in print, 6 we're actually going to vote on a budget 7 extender. And the budget process that we're 8 going through actually, in bits and pieces, is 9 going to result in less money to counties, 10 less money to school districts, less money to 11 just about everybody. 12 And to think that we're considering 13 a bill today that would require counties to go 14 out and try to find people who may not even 15 want to be found, as to people with 16 disabilities, and keep a registry and 17 apparently keep that up, current, by making 18 sure that when they move we follow them around 19 to find out where they're going to go next, is 20 just absolutely unbelievable. It is an 21 unfunded mandate. 22 And this isn't about evacuating 23 pets, it's about identifying people and having 24 counties go out and reach out, was the words 25 that Senator Parker used, to reach out to

Candyco Transcription Service, Inc. 1 go -- that's work. People have to do that. 2 People have to be paid to reach out and 3 compile this particular list. 4 To suggest that Homeland Security 5 money is available, this is exactly what 6 Homeland Security dollars are for, I haven't 7 seen anything from anybody from Homeland 8 Security saying they'd want money spent for 9 this. 10 As far as it's incumbent upon the 11 disabled to reach out to get on the list, 12 that's not what the bill says. It sounds good 13 as far as an explanation. But the bill says 14 that the counties shall be required to go out 15 and find this information. 16 As far as reasonable, sure, there's 17 a definition of reasonable. Reasonable is 18 what the jury says it is. And if we're 19 imposing another standard and an easier 20 standard to meet for someone suing because 21 they somehow were not on the list, that's not 22 only a burden, that's a potential great 23 expense to the counties. 24 And now is not the time to put an 25 impossible -- not just a mandate, but an

Candyco Transcription Service, Inc. 1 impossible mandate on people that we are 2 cutting their budgets and will be cutting 3 their budgets in the future. 4 So for those reasons -- and I have 5 more, but I only have two minutes -- I vote 6 no. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator DeFrancisco to be recorded in the 9 negative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 743 are 13 Senators Alesi, Bonacic, DeFrancisco, Farley, 14 Flanagan, Golden, Griffo, Hannon, O. Johnson, 15 Lanza, Larkin, LaValle, Leibell, Libous, 16 Little, Maziarz, Nozzolio, Padavan, 17 Ranzenhofer, Robach, Saland, Seward, Skelos, 18 Volker and Winner. 19 Ayes, 36. Nays, 25. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 775, by Member of the Assembly Gottfried, 24 Assembly Print Number 7617, an act to amend 25 the Public Health Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Hannon, why do you rise? 3 SENATOR HANNON: On the bill, 4 Mr. President. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Kemp Hannon, on the bill. 7 SENATOR HANNON: Mr. President, 8 this is a bill that in the title says it's in 9 relation to a patient's right to palliative 10 care information. 11 This is one of those bills that 12 certainly has a laudatory purpose. We've 13 earlier this session passed a bill called 14 Family Healthcare Decision-making, which had 15 taken years to arrive at and deals with many 16 end-of-life situations. 17 In fact, this bill was written 18 about the same time as the last draft of the 19 other one, and consequently it seems to make 20 some cross-references that may not be 21 consistent at the moment. 22 My problem with the bill is it 23 attempts to tell doctors how to practice 24 medicine, and a few other things besides. And 25 so while it's great that patients get

Candyco Transcription Service, Inc. 1 information about palliative care -- which of 2 course is not curative care or not remedial 3 care, but palliative care, which in a broader 4 sense means pain relief or also in a broader 5 sense at times means end-of-life treatment -- 6 it's not defined in anywhere by the practice 7 or the journals as to what exactly it is. And 8 therefore, you're obligating a doctor to talk 9 about something that's really not defined. 10 The bill actually goes on to talk 11 about counseling -- this is for a doctor, so 12 this is where you're going beyond the 13 treatment of medical care -- counseling about 14 palliative care and counseling about 15 end-of-life options appropriate to the 16 patient. Well, is that exactly what the 17 doctor should be doing? Or should the doctor 18 be trying to cure the patient? That's the 19 difficulty. 20 It also goes beyond and talks about 21 giving advice on the risks and benefits of the 22 various options -- well, that would be in 23 keeping with medical care -- and the patient's 24 legal rights to comprehensive pain and symptom 25 management. Legal rights? Are we asking the

Candyco Transcription Service, Inc. 1 doctor now to be giving opinions about the 2 legal rights available to the patient? 3 What happens here is it's a nice 4 idea. It probably could be met by a good, 5 definitive, written pamphlet. But here it is, 6 it's all mixed up. I'll tell you how mixed up 7 it is. It says where there's more than one 8 practitioner with the responsibility for the 9 patient, each of them has the responsibility 10 under this section unless they agree to assign 11 the responsibility to one of them. Well, if 12 they don't assign it, maybe they'll give this 13 advice on this feel-good thing, but it may be 14 different. 15 It's well-intentioned. I think it 16 should go become to the drawing boards. I'm 17 not so sure I'd want to vote against it; we 18 want people to know what their options are. 19 But this is not the appropriate vehicle for 20 those options. 21 Thank you, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you, Senator Hannon. 24 Senator Duane, on the bill. 25 SENATOR DUANE: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 I too was very pleased that after 3 many years the Family Healthcare Decisions Act 4 was passed. And in fact, here in the Senate 5 it passed not once but actually twice. 6 You know, there's an expression 7 that God works in mysterious ways. And this 8 bill had been one that over the course of time 9 advocates have brought to my attention and 10 urged me to support this concept of physicians 11 or practitioners who are entrusted with the 12 care of a patient with a terminal illness to 13 offer information on palliative care and 14 end-of-life decision-making. 15 And I think that this bill strikes 16 a good balance between what is prescribed, 17 which is prognosis, which is an incredibly 18 difficult thing to tell someone when they are 19 in an end-of-life health situation -- 20 incredibly difficult, but necessary. Painful, 21 but necessary. To talk about options what the 22 risks are, what may be the potential for more 23 time, the potential for the side effects of a 24 treatment being unbearable or not. 25 And that now, today, we know a lot

Candyco Transcription Service, Inc. 1 more about pain management. We know a great 2 deal more about symptoms and management of the 3 most difficult symptoms that manifest when 4 someone has an end-of-life illness. 5 And I sincerely believe that this 6 bill strikes the right balance between 7 allowing the practitioner to do this work in 8 his or her own way and making sure that the 9 important points are covered. And of course 10 if a physician or a practitioner doesn't want 11 to do it, they can ask someone else to do it 12 for them. 13 And I personally was recently -- 14 well, let me say this. You know, I think 15 honestly, at my age, I -- and in my 20s and 16 30s I think I saw more death, more suffering 17 than a lot of my contemporaries save those who 18 had been in the military or worked with a 19 relief organization. I think I saw far more. 20 And we didn't have the Family Healthcare 21 Decisions Act then. We didn't have this 22 counseling on palliative care then. We were 23 not as far advanced with pain management and 24 symptom management. And I saw a lot of really 25 horrible symptoms, and I also saw a lot of

Candyco Transcription Service, Inc. 1 horrible side effects from young people who 2 were desperate to live a little bit longer. 3 And as many of you know, my mother 4 had a massive stroke this October, and the 5 prognosis was hopeless. And my mom in the 6 beginning was alert, didn't even know she had 7 a stroke, but over time she came to realize 8 that the prognosis was terrible. And though 9 my brothers and I had spoken with my mother 10 and my mother had all of her forms in order -- 11 and, as I say, individually with my mother and 12 all of us together had talked about my 13 mother's wishes -- still, when it became so 14 clear that the prognosis was hopeless, my 15 mother's practitioner, who fortunately was a 16 geriatric physician, spoke to me first and 17 then I asked her to speak with my brothers. 18 And we told her that though we 19 didn't have this law, that my mother did 20 want -- she did want to know. Even though she 21 was clear about it, I think in a -- anyway, it 22 was important that we all do it again. And 23 she asked us, we said yes, to please do it. 24 And I know it was just the order of things 25 that if the practitioner had asked my mother,

Candyco Transcription Service, Inc. 1 she would have asked for this too. 2 Now, my mother was, you know, 3 fortunate. And her physician was wonderful. 4 And I wish that for everyone. And I think 5 most physicians, most practitioners are 6 wonderful. And I think that they do do this. 7 And I know that no one likes to be told what 8 to do. I totally get that. But I absolutely 9 think that this legislation strikes the right 10 balance between what should be required to 11 tell someone at end of life while at the same 12 time leaving enough space, enough freedom, 13 enough leeway for the individual relationship 14 between the practitioner and the patient to be 15 respected. 16 And so it is with that in mind, 17 both my past history around death and my most 18 recent experience around death, that I think 19 that this is a piece of legislation whose time 20 has absolutely come. And I also think that 21 over time that everyone will even forget that 22 we even ever did this legislation, because it 23 will become part of end-of-life care, it will 24 be a routine part of end-of-life care. And 25 that really is the goal of this.

Candyco Transcription Service, Inc. 1 And so I encourage my colleagues to 2 vote in the affirmative on this. And though I 3 wish that none of us had to face this sort of 4 thing, most of us already have and all of us 5 will. 6 Thank you, Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Thank you, Senator Duane. 9 Senator Montgomery, on the bill. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President. I rise to support this 12 legislation, and certainly on behalf of the 13 hundreds and hundreds of constituents in my 14 district and in other districts as well who 15 come to me and say, Oh, we need help. 16 And it's the help that you really 17 never know or realize or are prepared to know 18 until it confronts you, you're faced with 19 making decisions, understanding what is going 20 to happen, understanding what to do when one 21 of your loved ones -- and Senator Duane talks 22 about his experience; I've had my own 23 experience. And I refer to people like us as 24 the sandwich generation. I have my son, who 25 is in college, and I had to deal with figuring

Candyco Transcription Service, Inc. 1 out how to manage to get him in the college of 2 choice. And at the same time I had my aunt, 3 who was like a mom to me, who was at the end 4 of life and needed my assistance, needed my 5 constant attention. It was extremely 6 difficult. It's a time when you need support, 7 you need information, you need guidance, and 8 you need to have someone help you understand 9 what is in front of you and how to deal with 10 it. 11 So this is really a very important 12 bill, Senator Duane, and I rise to support it. 13 And on behalf of my constituents, many of whom 14 are part of that sandwich generation, we thank 15 you. Because at some point in our lives most 16 of us, if not all of us, will be confronted 17 with this situation, and we will need this 18 legislation to help us get through one of the 19 more difficult times in all of our lives. 20 So thank you, Mr. President. I 21 vote aye. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you, Senator Montgomery. 24 Are there any other Senators who 25 wish to be heard on the bill?

Candyco Transcription Service, Inc. 1 Hearing none, debate is closed. 2 The Secretary will please ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 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: Those recorded in 12 the negative on Calendar Number 775 are 13 Senators Alesi, DeFrancisco, Farley, Flanagan, 14 Golden, Hannon, O. Johnson, Lanza, Larkin, 15 LaValle, Leibell, Little, Marcellino, 16 Nozzolio, Seward, Winner and Young. Also 17 Senator Skelos. Also Senator Saland. 18 Ayes, 42. Nays, 19. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 Senator Klein, that completes the 22 reading of the controversial calendar. 23 SENATOR KLEIN: Mr. President, 24 can you please call on Senator Ruth 25 Hassell-Thompson for an announcement, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Mr. President. 5 There will be an immediate meeting 6 of the Senate Majority in Room 332. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 There will be an immediate meeting of the 9 Senate Majority in Room 332. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 before we adjourn, I have three motions. 13 First, on behalf of Senator 14 Addabbo, on page number 47 I offer the 15 following amendments to Calendar Number 805, 16 Senate Print Number 3251A, and ask that said 17 bill retain its place on Third Reading 18 Calendar. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Amendments received. 21 Can we please have some order in 22 the chamber. 23 Senator Klein. 24 SENATOR KLEIN: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 On behalf of Senator Breslin, I 2 wish to call up Print Number 6954A, recalled 3 from the Assembly, which is now at the desk. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The Secretary will read the title. 6 THE SECRETARY: Calendar Number 7 490, by Senator Breslin, Senate Print 6954A, 8 an act to repeal Chapter 241 of the Laws of 9 1930 relating to the New York Board of Fire 10 Underwriters. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 now move to reconsider the vote by which the 15 bill was passed. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 now offer the following amendments. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Amendments received. 2 SENATOR KLEIN: Mr. President, on 3 behalf of Senator Serrano, on page number 39 I 4 offer the following amendments to Calendar 5 Number 719, Senate Print Number 7359, and ask 6 that said bill retain its place on Third 7 Reading Calendar. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Amendments received. 10 SENATOR KLEIN: Mr. President, 11 can you please recognize Senator Libous. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Libous. 14 SENATOR LIBOUS: Mr. President, 15 thank you for recognizing me. 16 There will be an immediate 17 Republican conference following this session 18 when it recesses. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 There will be a Senate Republican conference 21 in the Senate Republican Conference Room once 22 we go into recess. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, 25 pending the return of the two conferences, may

Candyco Transcription Service, Inc. 1 we please stand at ease. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Pending the return of the two conferences, the 4 Senate now stands at ease. 5 (Whereupon, the Senate stood at 6 ease at 3:44 p.m.) 7 (Whereupon, the Senate reconvened 8 at 4:46 p.m.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 have three motions I'd like to do. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Returning back to the order of motions and 15 resolutions. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, on 18 behalf of Senator Craig Johnson, on page 17 I 19 offer the following amendments to Calendar 20 Number 215, Senate Print Number 6444A, and ask 21 that said bill retain its place on Third 22 Reading Calendar. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Amendments received. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, on 2 behalf of Senator Hassell-Thompson, on page 3 number 42 I offer the following amendments to 4 Calendar Number 750, Senate Print Number 5854, 5 and ask that said bill retain its place on 6 Third Reading Calendar. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Amendments received. 9 Senator Klein. 10 SENATOR KLEIN: On behalf of 11 Senator Valesky, on page 31 I offer the 12 following amendments to Calendar Number 587, 13 Senate Print Number 7542A and ask that said 14 bill retain its place on Third Reading 15 Calendar. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Amendments received. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, 20 there will be an immediate meeting of the 21 Environmental Conservation Committee, followed 22 by a Finance Committee meeting, followed by a 23 Rules Committee meeting, all in the Majority 24 Conference Room. 25 Pending the return of the Rules

Candyco Transcription Service, Inc. 1 Committee, may we please stand at ease. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 There will be an immediate meeting of the 4 Environmental Conservation Committee, followed 5 by a meeting of the Finance Committee, 6 followed by a meeting of the Rules Committee 7 in the Majority Conference Room. 8 Senator Fuschillo, why do you rise? 9 SENATOR FUSCHILLO: Mr. 10 President, a brief announcement. 11 I just want to wish my colleague 12 Senator John Bonacic a happy birthday. Today 13 is his birthday. 14 (Applause.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Happy birthday, Senator Bonacic. 17 Pending the return of the Rules 18 Committee, the Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease at 4:48 p.m.) 21 (Whereupon, the Senate reconvened 22 at 6:19 p.m.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe there's a report of the Rules 2 Committee at the desk. I move that we adopt 3 the report at this time. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 There is a report of the Rules Committee at 6 the desk. 7 The Secretary will read. 8 THE SECRETARY: Senator Smith, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 8167, by the Senate 12 Committee on Rules, an act making 13 appropriations for the support of government; 14 8169, by the Senate Committee on 15 Rules, an act to amend Mental Hygiene Law; 16 And Senate Print 8178, by the 17 Senate Committee on Rules, an act to amend the 18 Education Law. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 All those in favor of adopting the Rules 23 Committee report please signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Rules Committee report is adopted. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, at 7 this time can we please go to a reading of the 8 supplemental calendar. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will proceed with the reading of 11 the supplemental calendar. 12 THE SECRETARY: Calendar Number 13 957, by the Senate Committee on Rules -- 14 SENATOR VOLKER: Lay it aside, 15 please. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 One moment, Senator Volker. 18 The Secretary will read the title 19 again. 20 THE SECRETARY: Calendar Number 21 957, by the Senate Committee on Rules, Senate 22 Print 8167, an act making appropriations for 23 the support of government. 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 Senator Klein, there is a message of necessity 6 and 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 is on the acceptance of the 11 message of necessity and appropriation. All 12 those in favor please signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Opposed, nay. 16 (Response of "Nay.") 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The message is accepted. 19 Read the last section. 20 SENATOR DeFRANCISCO: Lay the 21 bill aside for the day. No, I'm just kidding. 22 (Laughter.) 23 SENATOR SALAND: Can you please 24 tell me what calendar number this is? 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 It's Calendar Number 957, Senator Saland. 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 And the bill will be laid aside at the request 5 of Senator Libous. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: Calendar Number 9 958, by the Senate Committee on Rules, Senate 10 Print 8178, an act to amend the Education Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 can we lay this bill aside temporarily. We're 15 awaiting the message of necessity from the 16 Governor. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is laid aside temporarily, as we're 19 awaiting the message of necessity from the 20 Governor. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: Calendar Number 24 959, by the Senate Committee on Rules, Senate 25 Print 8169, an act to amend the Mental Hygiene

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

Candyco Transcription Service, Inc. 1 Senator Klein, that completes the 2 reading of the noncontroversial supplemental 3 calendar. 4 SENATOR KLEIN: Mr. President, at 5 this time can we please go to a reading of the 6 controversial supplemental calendar. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The Secretary will ring the bell. 9 Members are all asked to come to 10 the chamber for a reading of the controversial 11 supplemental calendar. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 957, by the Senate Committee on Rules, Senate 15 Print 8167, an act making appropriations for 16 the support of government. 17 SENATOR LIBOUS: Explanation. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Kruger, an explanation has been 20 requested by Senator Libous. 21 SENATOR CARL KRUGER: Thank you 22 very much, Mr. President. 23 Today we are considering the 11th 24 appropriations special extender to this year's 25 budget. I think that before we deal with the

Candyco Transcription Service, Inc. 1 substance of the bill itself, we should spend 2 a moment to talk about the bill in general. 3 For the past 10 weeks we have stood 4 and this Democratic majority has kept 5 government open. For these past 10 weeks, 6 this Democratic majority has kept government 7 functioning while the unanimous sentiment of 8 the Republican minority was to close down 9 government. 10 Our obligation was to put service 11 over politics. And today we're faced with 12 that same situation once again. After all the 13 rhetoric is over and after all of the speeches 14 are made, the fact is the campaigning has to 15 end and governing has to begin. 16 (Republican reaction.) 17 SENATOR CARL KRUGER: And 18 governing has to begin. 19 So let's talk for a moment about 20 this extender and exactly what it means. I 21 was asked by the ranker of the Senate Finance 22 Committee for the past 10 weeks, and so many 23 of my other colleagues on the other side of 24 the aisle, to produce at least one brave soul, 25 one brave soul that would change the course of

Candyco Transcription Service, Inc. 1 governing in this state. Well, today maybe 2 we're faced with that very situation. 3 And if for a moment we have that 4 one brave soul, now the other side of the 5 equation is who on the other side of the aisle 6 is going to be responsible for shutting down 7 government. 8 Who on the other side of the aisle 9 is tomorrow going to close 1300 courtrooms? 10 Who on the other side of the aisle will take 11 153,000 state employees and put them out of 12 work? Who on the other side of the aisle will 13 stop the State Police from doing their duty? 14 Who on the other side of the aisle 15 will effectively close down the prison system? 16 Who on the other side of the aisle will decide 17 that 2,000 prisoners, on the average, that get 18 fingerprinted and go through the criminal 19 justice system, will not be processed and by 20 action of law would have to be released after 21 the due process period of time? 22 Who on the other side of the aisle 23 will deny the right for individuals that have 24 to be fingerprinted and licensed to be denied 25 those very positions? Who on the other side

Candyco Transcription Service, Inc. 1 of the aisle will deny whether or not we 2 should be providing home care, whether we 3 should close our OASAS, whether we should 4 close our developmental centers, whether we 5 should basically cancel all of the services 6 that we provide to those that are unfortunate 7 or for those New Yorkers who rely on the 8 day-to-day services that this state provides? 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Nozzolio, why do you rise? 11 SENATOR CARL KRUGER: So what 12 we're going to do -- I have the floor, 13 Mr. President. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Actually, Senator Kruger is providing an 16 explanation at the request of Senator Libous. 17 SENATOR CARL KRUGER: The 18 Department of Homeland Security provides a 19 24-hour tip line. That line will close 20 tomorrow if we have just the same sentiment 21 that existed in this house tonight as we are 22 so well on the precipice of doing. 23 So today what we have to do is ask 24 not that we find one brave soul, but that this 25 house stands as one unanimous voice in support

Candyco Transcription Service, Inc. 1 of maintaining government, in support of 2 recognizing our obligations as sworn elected 3 officials to provide the services that are 4 necessary to provide as we go forward with 5 unquestionably this very tortured process of 6 trying to develop a budget, a process that 7 none of us like, in an atmosphere where rather 8 than giving programmatic money, we're charged 9 with the responsibility of cutting programs. 10 We're charged with the 11 responsibility of offering reforms. We're 12 charged with the responsibility of 13 consolidating government. We're charged with 14 the responsibility of doing what the 15 electorate asked us and commanded us to do, to 16 come here to govern and not to play politics. 17 So tonight, Mr. President, I offer 18 up an appropriations bill, an appropriations 19 bill that will do exactly what we need it to 20 do, and that's to maintain government and to 21 keep our workforce working, to make sure that 22 those unemployment checks that would otherwise 23 not be cut tomorrow, that those unemployment 24 funds go out, that public assistance checks 25 that are due this week ultimately get paid,

Candyco Transcription Service, Inc. 1 that we do not create chaos for the mere fact 2 that we want to engage in petty politics. 3 So today I offer up a bill that 4 will provide an extender that will run through 5 June 20th and will provide an emergency 6 appropriation of $3.4 billion in General Fund 7 expenditures, of which $2.3 billion is 8 associated with mental hygiene appropriations 9 and $1.4 billion with human service agency 10 requirements. 11 Thank you, Mr. President. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator DeFrancisco, why do you rise? 14 SENATOR DeFRANCISCO: Yes, I'm 15 tempted to respond to those comments, but 16 first I would like to ask Senator Kruger a few 17 questions, if he would yield this week. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Kruger, will you yield for some 20 questions? 21 SENATOR CARL KRUGER: I will 22 yield this week as I have yielded for the past 23 10 weeks. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator DeFrancisco, Senator Kruger will

Candyco Transcription Service, Inc. 1 yield. 2 SENATOR DeFRANCISCO: We'll see 3 how long he yields. But in any event, the 4 first question is that -- 5 SENATOR CARL KRUGER: As long as 6 it takes to get this passed. 7 SENATOR DeFRANCISCO: Okay, good. 8 Then I've got a lot of questions. 9 Question number one. Last week you 10 told us that the extender bill included 11 40 percent of the ultimate budget. And at the 12 Finance Committee meeting, I understand from 13 what was told to us by Mr. Pennisi that adding 14 this part of the budget to the state part of 15 the budget, the state budget, results in 16 51 percent of the total budget for the State 17 of New York. Correct? 18 SENATOR CARL KRUGER: Well, let's 19 revise those numbers slightly. What we have 20 is there was a double count on the Medicaid 21 portion, so we have a $79 billion budget 22 offset, which represents approximately 23 58 percent of the overall budget. 24 SENATOR DeFRANCISCO: All right. 25 So the next question, if you'll yield, is

Candyco Transcription Service, Inc. 1 so -- 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Kruger, will you yield for another 4 question? 5 SENATOR CARL KRUGER: Yes, I do, 6 Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator DeFrancisco, he'll yield. 9 SENATOR DeFRANCISCO: So that 10 today, if we pass this budget extender, 11 58 percent of the budget will have been done. 12 SENATOR CARL KRUGER: In 13 substance, yes. Depending upon, once again, 14 for the purpose of clarity -- through you, 15 Mr. President -- when we keep on talking about 16 percentages and appropriations, the only way 17 we can actually come to that moving number is 18 by looking at what the Governor proposed and 19 then readjusting it based upon these last 20 extenders. 21 SENATOR DeFRANCISCO: All right. 22 Now, would Senator Kruger yield to another 23 question? 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Kruger, will you yield?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, I do, 2 Mr. President. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 He will continue to yield. 5 SENATOR DeFRANCISCO: Now, 6 Senator Kruger, it's been stated repeatedly by 7 the leaders that the budget gap that we have 8 to deal with for this budget cycle is 9 $9.5 billion or thereabouts. Is that fair to 10 say? 11 SENATOR CARL KRUGER: Through 12 you, Mr. President, $9.2 billion. 13 SENATOR DeFRANCISCO: Okay. Now, 14 can you tell me, Senator Kruger, based upon -- 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Kruger, do you continue to yield? 17 SENATOR CARL KRUGER: Yes, I do, 18 Mr. President. 19 SENATOR DeFRANCISCO: Based upon 20 the cuts that were made last week and the cuts 21 that are in this extender, what the total 22 amount of cuts would be? To the nearest ten 23 million -- nearest hundred million. 24 SENATOR CARL KRUGER: Through 25 you, Mr. President, approximately $1.1

Candyco Transcription Service, Inc. 1 billion. 2 SENATOR DeFRANCISCO: All right. 3 So we -- would Senator Kruger yield again? 4 SENATOR CARL KRUGER: Yes, I do, 5 Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Kruger continues to yield, Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: So by 10 passing this budget extender by this manner 11 that's been going on by budget extenders, we 12 will have had passed 58 percent of the budget 13 and cut $1.1 billion, and we've got 42 percent 14 of the budget left from which we have to cut 15 $8.1 billion. Is that correct? 16 SENATOR CARL KRUGER: Through 17 you, Mr. President. If I understand your 18 question correctly, then what we're talking 19 about is a lower figure based upon the General 20 Fund. 21 SENATOR DeFRANCISCO: I don't 22 understand that answer. Let me -- maybe I'll 23 withdraw that question and ask you another 24 one. 25 SENATOR CARL KRUGER: Please.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 SENATOR DeFRANCISCO: What 3 portion of the budget, what percentage of the 4 budget is available now, after 52 percent of 5 the budget is being passed today, is available 6 for -- 58 percent of the budget that's passed 7 today, what percentage of the budget is left 8 from which we're supposed to cut $8.1 billion? 9 SENATOR CARL KRUGER: Through 10 you, Mr. President. Now, if I understand your 11 question, more than half of the budget is 12 still available from the All Funds portion. 13 General Fund, rather, I'm sorry. 14 SENATOR DeFRANCISCO: So, Senator 15 Kruger, would you yield, please. 16 SENATOR CARL KRUGER: Yes, I do, 17 Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Kruger continues to yield. 20 SENATOR DeFRANCISCO: So 100 21 percent minus 50 percent is more than 22 50 percent? 23 SENATOR CARL KRUGER: Fifty-eight 24 percent. 25 SENATOR DeFRANCISCO: All right,

Candyco Transcription Service, Inc. 1 I'm sorry, 100 percent minus 58 percent is 2 more than 50 percent; is that correct? 3 SENATOR CARL KRUGER: Through 4 you, Mr. President. Once again, if we draw 5 the distinctions, the All Funds number is 6 different than the General Funds number. 7 SENATOR DeFRANCISCO: Okay. 8 Would Senator Kruger yield to one more 9 question on this topic? 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Kruger, will you continue to yield? 12 SENATOR CARL KRUGER: Yes, I do, 13 Mr. President. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: How much is 17 left in the All Funds budget from which we 18 have to cut or find $8.1 billion? 19 SENATOR CARL KRUGER: Through 20 you, Mr. President, that would be a difficult 21 number to come to because we don't know what 22 the overall budget is going to be. 23 SENATOR DeFRANCISCO: Would 24 Senator Kruger yield to another question. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Kruger, do you continue to yield? 2 SENATOR CARL KRUGER: Yes, I do, 3 Mr. President. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Moments ago 7 you gave us percentages based upon the basis 8 of the Governor's budget, because it was the 9 only way you could do it because we don't know 10 the final budget. Can't you use that same 11 parameter to answer this last question that I 12 gave you? 13 SENATOR CARL KRUGER: Through 14 you, Mr. President. Once again, on the 15 General Fund, more than 50 percent. 16 SENATOR DeFRANCISCO: How much 17 more? 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator DeFrancisco, are you asking Senator 20 Kruger to yield? 21 SENATOR DeFRANCISCO: Would you 22 yield again? Give me a percentage. More than 23 50 percent -- is it 51, is it 95? 24 SENATOR CARL KRUGER: Through 25 you, Mr. President, 51.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Okay. So, 2 Senator Kruger, would you yield again? 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Kruger, do you continue to yield? 5 SENATOR CARL KRUGER: Yes, I do, 6 Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: So we 10 approximately will have passed at least 11 50 percent of the budget, a little more -- you 12 said 58 -- and we've only cut $1.1 billion. 13 And we've got 51 percent left to cut 14 $8.1 billion or raise taxes, borrow, or do 15 other stuff like that. Is that fair to say? 16 SENATOR CARL KRUGER: Through 17 you, Mr. President, I don't know what "borrow, 18 raise taxes and other stuff" might mean. But 19 yes, the preamble to your question is correct, 20 yes. 21 SENATOR DeFRANCISCO: Okay. 22 Thank you. Senator Kruger, would you yield to 23 one last question? 24 SENATOR CARL KRUGER: Yes, I do, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Senator 4 Kruger, would you tell me what your best 5 judgment is as to the likelihood of the Senate 6 leaders that are working -- Senate and 7 Assembly leadership and the Governor, working 8 behind closed doors, the likelihood that 9 they're going to cut $8.1 billion on the 10 remaining half of the budget when they've cut 11 $1.1 billion on the first half? Do you have a 12 judgment on that? 13 SENATOR CARL KRUGER: Through 14 you, Mr. President. Quite frankly, Senator, 15 my proverbial crystal ball is not plugged in. 16 However, I do know, as you well 17 know, that, you know, there have been 18 negotiations ongoing, both with the Republican 19 leadership as well as the Democratic 20 leadership and the Governor. And what we're 21 trying to do is come to a budget resolution. 22 Thank you, Mr. President. 23 SENATOR DeFRANCISCO: Thank you. 24 I have no other questions. 25 On the bill, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator DeFrancisco, on the bill. 3 SENATOR DeFRANCISCO: First I'd 4 like to respond to Senator Kruger's speech at 5 the beginning of his explanation. 6 And I know he wants to make this 7 vote be a vote as to whether you're for 8 closing government or against closing down 9 government. Well, as hundreds of thousands of 10 people in the State of New York already know, 11 government's been closed since April 1. It's 12 been closed down. We don't have a budget. So 13 the contractors that aren't being paid, people 14 who are putting bids on other projects where 15 they would hire people, the bids aren't being 16 open. Nonprofit organizations that rely on 17 government to provide the needed services for 18 the individuals that need them in our 19 community are not being paid. School 20 districts are not receiving the dollars that 21 they're expecting, and they're going to be 22 having to borrow money. And I can go on and 23 on and on. 24 So government has been closed down. 25 Maybe not for everybody, but for a substantial

Candyco Transcription Service, Inc. 1 number of people in the State of New York. 2 Secondly, with respect to the issue 3 of closure, the issue is not whether those 4 voting no are voting to close down government. 5 Those voting no are voting to get closure to a 6 budget, an entire budget, rather than going 7 through this illegal process that violates the 8 2007 Reform Act. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Kruger, why do you rise? 11 SENATOR CARL KRUGER: Would the 12 Senator yield to a question. 13 SENATOR DeFRANCISCO: I will 14 yield as soon as I'm done speaking, in view of 15 the fact that I don't want it to be counted 16 towards my time. And I want to be able to say 17 what I have to say first, and I'll be happy to 18 answer any questions thereafter. 19 SENATOR CARL KRUGER: Through 20 you, Mr. President. Can I give my colleague 21 some of my time? 22 (Laughter.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Kruger, Senator DeFrancisco indicated 25 he would yield as soon as he was done with his

Candyco Transcription Service, Inc. 1 statement. 2 I will note that when you do ask 3 him questions, that will also, though, be 4 counted against your time, Senator 5 DeFrancisco. 6 But you've indicated you will yield 7 as soon as you're done with your statement, so 8 I'll let you continue. 9 SENATOR DeFRANCISCO: That's 10 absolutely correct. 11 Now, the emotional statement by 12 Senator Kruger concerning the closure of 13 government -- I've already mentioned it's 14 closed down for many people -- but we need 15 closure, closure on a budget. And closure on 16 a budget in a way that we know is going to 17 work. 18 And what's obvious from the process 19 that's going on now, that we've said over and 20 over again not only that violates the law and 21 it's behind closed doors and people can't 22 weigh in, but it's headed towards what's 23 happened last year when the law was not 24 followed, where there was $8 billion in new 25 taxes and $12 billion in new spending.

Candyco Transcription Service, Inc. 1 The reason it's heading down that 2 way is obvious from the answers of Senator 3 Kruger. We now have 50 percent, 58 percent of 4 the budget done, whatever it's done. And 5 according to Senator Kruger, all that's been 6 cut is $1.1 billion. And these are big-ticket 7 items we're talking about, the healthcare 8 system and mental health and Social Services. 9 In fact, rather than cutting, the social 10 services benefit is increased in this 11 extender. It's increased, it's not cut. In a 12 time when we're trying to find a way to close 13 a budget. It makes no sense. 14 In addition, there's savings that 15 are computed here, according to the notes I 16 have from the Finance Committee meeting, 17 savings of at least $76 million, savings to 18 the State of New York by reducing 19 reimbursements to counties and providing less 20 funding to counties. Which translates, by the 21 way, to increases in property taxes. That 22 supposedly is a goal of the Senate majority to 23 cut property taxes. So that's not a savings 24 at all. 25 So we're headed towards a situation

Candyco Transcription Service, Inc. 1 where we've got approximately 50 percent -- I 2 don't know exactly the amount, but close to 3 it; 51, Senator Kruger said -- and we've still 4 got $8.1 billion to go. 5 Well, I asked Senator Kruger what 6 his best judgment was of the chances of the 7 leaders, behind closed doors, of cutting 8 $8 billion from the last half of the budget 9 that isn't done yet, and he doesn't have a 10 crystal ball. But I think anybody who thinks 11 of this concept of what's going on logically 12 would probably not bet too much on the 13 prospect of all of those cuts being made. 14 So what's left in this piecemeal 15 process, as we're going forward piece by 16 piece, of the budget? What's left? More 17 taxes, like last year, more borrowing and kick 18 the can down the street till next year. Don't 19 deal with the problems you want to deal with. 20 Now, we've been called, the people 21 on this side of the aisle, the "conference of 22 no." We no, no, no. Well, we provided the 23 Governor with additional cuts. We provided 24 the Governor with additional cuts. Not one of 25 those additional cuts is part of this package.

Candyco Transcription Service, Inc. 1 That's really a shocker. It's really a 2 shocker. When we did the budget extenders in 3 prior weeks, we had other suggestions that 4 would help cut the cost of government. Not 5 one of those amendments that we proposed was 6 considered. 7 That's fine. That's your choice. 8 But don't say that we're not willing to put 9 out our proposals on the table and that we're 10 not participating. Because we want to 11 participate in the right way -- not raising 12 taxes, not increasing borrowing, and not 13 kicking the can down the block for another 14 week. 15 So when we vote no, those of us who 16 are voting no on this budget extender, we're 17 not voting no to close down government. We're 18 voting no to bring closure to the budget 19 process the way it's supposed to be done. 20 And with respect to closure, by the 21 way -- and I think the Senate majority is well 22 aware of this -- in last week's extender, the 23 pay that is due employees was authorized to be 24 paid through -- this Wednesday's checks are 25 going to be paid whether we pass this extender

Candyco Transcription Service, Inc. 1 or not. So employees are being paid through 2 next Tuesday. 3 So government wouldn't shut down if 4 this extender wasn't passed, there'd be still 5 another week, after last week when it was 6 pretty much given notice that it might not 7 pass this week. That's a couple of weeks to 8 do something constructive to bring closure to 9 the budget process. Not dribs and drabs, like 10 a dripping-faucet type of approach, but 11 actually closure to the budget. 12 And that's what we're trying to do 13 in this process. We've given constructive 14 suggestions. We don't want taxes, we don't 15 want borrowing. And that's where we're headed 16 under this dysfunctional, illegal process 17 that's been conducted over the last 11 weeks. 18 So the brave souls that I'm talking 19 about that we're hoping for in this body are 20 not brave souls to shut down government. But 21 since we had a week from the last extender and 22 we've got another week before the pay stops, 23 there's time or there would have been time to 24 do a total budget. 25 And I have to add one other thing.

Candyco Transcription Service, Inc. 1 I've gotten calls from different organizations 2 and different individuals that they've got 3 calls from the Governor's office that if we 4 don't pass an extender here, the world's going 5 to end. Don't show up for work tomorrow, 6 don't do this, we're not going to get our 7 money for our transportation system. And talk 8 about politics -- the whole state was put on 9 notice that there's an emergency, scaring the 10 living daylights out of the employees of this 11 state that were going to be paid through next 12 week anyway, whatever happened in the 13 extender. 14 To me, if you're talking about bold 15 politics to scare people, as the Governor's 16 office has done, when it's not necessary, if 17 he had some leadership ability, and if the 18 majority leader in the Senate and the 19 September of the Assembly did what they should 20 be doing, there wouldn't be any need for this 21 hysteria that's out there about this 22 particular day. 23 So I'm convinced, Senator Kruger, 24 that you're going to get your extender bill 25 passed. You're going to get your extender

Candyco Transcription Service, Inc. 1 bill, which will pass on costs to county 2 governments. You're going to get your 3 extender bill that increases welfare payments 4 when we're decreasing costs for people that 5 have mental health problems. You're going to 6 get that extender. 7 However, at some point in time, 8 maybe we could follow the law or you can 9 follow the law of 2007. Let's get a complete 10 budget and get it done in the open, without 11 taxes, without borrowing, and without passing 12 these costs down to local governments and 13 thereby increasing property taxes. 14 So with that said, I'd be happy to 15 answer any questions that Senator Kruger had 16 concerning this budget extender. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Kruger. 19 SENATOR CARL KRUGER: Thank you 20 very much, Mr. President. 21 Senator, the bills that were passed 22 here in both houses and signed by the 23 Governor, I was just confused, weren't those 24 bills appropriations to continue governing and 25 government functioning over those last

Candyco Transcription Service, Inc. 1 10 weeks? 2 SENATOR DeFRANCISCO: Yes, they 3 were. None of which would have been necessary 4 if the law was followed and we had a budget by 5 April 1. 6 SENATOR CARL KRUGER: And then -- 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Kruger, I assume you want Senator 9 DeFrancisco to yield for another question? 10 SENATOR CARL KRUGER: Yes, I do. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator DeFrancisco, do you yield? 13 SENATOR DeFRANCISCO: Oh, yes. 14 SENATOR CARL KRUGER: Thank you. 15 Thank you. Thank you, Senator. 16 And on the issue of payroll, are 17 there different payrolls in this state and are 18 there people that would not get paid if this 19 extender is not passed tonight? 20 SENATOR DeFRANCISCO: The only 21 people that wouldn't get paid if this extender 22 was not passed tonight would be those that the 23 Governor called to tell them don't show up for 24 work tomorrow if the extender isn't passed. 25 Because the payroll is paid, by the last

Candyco Transcription Service, Inc. 1 extender, through Tuesday of next week. 2 SENATOR CARL KRUGER: Will the 3 Senator yield to another question. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator DeFrancisco, do you yield? 6 SENATOR DeFRANCISCO: Yes. 7 SENATOR CARL KRUGER: Thank you. 8 Senator, once again, different pay 9 periods are different payrolls. And the SUNY 10 and the CUNY payroll are not affected by this 11 extender. But yet at the same time. There 12 are other branches of government -- OGS, for 13 example, is affected by this extender. Is 14 that not the case? 15 SENATOR DeFRANCISCO: Senator, I 16 don't know if OGS is affected by this 17 extender. I just know the last extender 18 extended payrolls for the State of New York 19 through next Tuesday. 20 SENATOR CARL KRUGER: Thank you 21 very much. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you. Thank you, Senator DeFrancisco. 24 SENATOR DeFRANCISCO: Thank you. 25 SENATOR SALAND: Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Saland. 3 SENATOR SALAND: Thank you, 4 Mr. President. Mr. President, would Senator 5 Kruger yield? 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Kruger, will you yield for Senator 8 Saland? 9 SENATOR CARL KRUGER: Yes, I do, 10 Mr. President. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Saland. 13 SENATOR SALAND: Thank you, 14 Senator Kruger. Thank you, Mr. President. 15 Senator Kruger, you mentioned in 16 response to a question by Senator DeFrancisco 17 that the amount of the All Funds budget that 18 had been appropriated to date was $79 billion, 19 not $96.7 billion. 20 During the course of our earlier 21 Finance meeting, probably about an hour or an 22 hour and a half or so ago, the Secretary to 23 the Finance Committee said that General Fund 24 spending, with the passage of this bill that 25 we're discussing now, would amount to

Candyco Transcription Service, Inc. 1 $27.6 billion, or 51 percent of General Fund 2 spending. Is that still correct, or is there 3 an error in that? 4 SENATOR CARL KRUGER: Through 5 you, Mr. President, yes, I believe that that's 6 correct. 7 SENATOR SALAND: Thank you. Now, 8 Senator Kruger, if you'll continue to yield. 9 SENATOR CARL KRUGER: Yes, I do, 10 Mr. President. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Saland. 13 SENATOR SALAND: When you use the 14 term "All Funds spending," that includes some 15 state spending that's offline and all the 16 federal spending as well; correct? 17 SENATOR CARL KRUGER: Yes, it 18 does, Mr. President. 19 SENATOR SALAND: And all of the 20 federal spending, if you'll continue to 21 yield -- 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Saland, do you wish Senator Kruger to 24 continue to yield? 25 SENATOR SALAND: If he'll

Candyco Transcription Service, Inc. 1 continue to yield. 2 SENATOR CARL KRUGER: Yes, I do. 3 SENATOR SALAND: And all of the 4 federal spending is specifically earmarked, 5 and we don't have a lot of latitude in how we 6 can use that money, do we? 7 SENATOR CARL KRUGER: Through 8 you. Mr. President, I don't know what 9 "latitude" exactly means. Some is in the form 10 of block grants and there may be different 11 mechanisms under which they can be used. 12 SENATOR SALAND: If Senator 13 Kruger will continue to yield. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Kruger, do you continue to yield? 16 SENATOR CARL KRUGER: Yes, I do, 17 Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Saland. 20 SENATOR SALAND: The General Fund 21 money, however, has no federal money, and it 22 represents all state revenues, does it not? 23 SENATOR CARL KRUGER: Yes, it 24 does. 25 SENATOR SALAND: Now, if I

Candyco Transcription Service, Inc. 1 remember correctly, you indicated, as did the 2 secretary during the Finance Committee 3 meeting, that for purposes of this discussion 4 we are using the Governor's budget as our 5 benchmark. 6 SENATOR CARL KRUGER: Through 7 you, Mr. President. For the purposes of these 8 arbitrary percentages that the Senators are 9 asking, yes. 10 SENATOR SALAND: Would the 11 Senator continue to yield. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Kruger, do you continue to yield? 14 SENATOR CARL KRUGER: Yes. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Senator will yield. 17 SENATOR SALAND: Senator Kruger, 18 what number was the number in the Governor's 19 budget for General Fund spending, if you have 20 that handy? I assume it's somewhere less than 21 $27 billion more. 22 SENATOR CARL KRUGER: Through 23 you, Mr. President, $53 billion. 24 SENATOR SALAND: $53 billion. So 25 if I subtract -- if the Senator will continue

Candyco Transcription Service, Inc. 1 to yield. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Kruger, will you yield? 4 SENATOR CARL KRUGER: Yes, I do. 5 SENATOR SALAND: If I subtract, 6 from $53 billion, $27.6 billion, if my math is 7 correct, that will come to $25.4 billion. 8 SENATOR CARL KRUGER: Through 9 you, Mr. President, give or take a few bucks. 10 SENATOR SALAND: Okay, thank you. 11 Will the Senator continue to yield? 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Kruger, do you continue to yield? 14 SENATOR CARL KRUGER: Yes, I do. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 He will continue to yield, Senator Saland. 17 SENATOR SALAND: In the exchange 18 you had with Senator DeFrancisco, you 19 indicated that there was some $8 billion, 20 approximately, left in the deficit that we 21 have to deal with? 22 SENATOR CARL KRUGER: Through 23 you, Mr. President, yes. 24 SENATOR SALAND: Thank you, 25 Senator Kruger.

Candyco Transcription Service, Inc. 1 On the bill, Mr. President. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Saland, on the bill. 4 SENATOR SALAND: Mr. President, 5 we find ourselves in a situation in which we 6 have a deficit of at least $9.2 billion, 7 perhaps as much as $10.2 billion, if the 8 federal FMAP or Medicaid money does not 9 materialize. And right now no one can say 10 with certainty that it will, and there's a 11 very good chance that it won't. 12 We have, as was acknowledged 13 earlier in the exchange between Senator 14 DeFrancisco and Senator Kruger, cut some 15 $1.1 billion. We have, minimally, $8-plus 16 billion left to deal with. We can't cut the 17 federal money; the federal money is out of the 18 equation. So we're really talking about state 19 funds. And we're really, for all intents and 20 purposes, talking about the General Fund. 21 So we have to find 90 percent of 22 the remaining cuts to close the deficit in 23 $25.4 billion worth of pot. And when I say 24 "worth of pot," I'm not necessarily referring 25 to the illegal substance, I'm referring to the

Candyco Transcription Service, Inc. 1 pot of revenues that might be available to us. 2 That's a staggeringly large amount that 3 compromises almost one-third, certainly at 4 least 30 percent. 5 Now, absent fee increases, tax 6 increases or borrowing -- to date, the 7 Governor has proclaimed that he's not 8 interested in doing any of those things other 9 than I believe the approximate $1.6 billion he 10 has in his budget. To date, there's been no 11 great hue and cry to borrow, there's been no 12 great hue and cry to tax. If anything, the 13 public is telling us that's a very, very bad 14 idea. 15 So in this very small, in relative 16 terms, universe that's left, we have to find 17 $8 billion, unless the commitment is to tax 18 and spend our way out of it. Something which 19 would really be almost like a nail in a coffin 20 for this already beleaguered and rather badly 21 damaged state. 22 Now, Mr. President, I too am deeply 23 troubled by the prospects of looking to milk 24 our counties for yet additional monies as part 25 of closing this deficit or by way of using

Candyco Transcription Service, Inc. 1 this particular extender bill. What we have 2 done is by this incremental process, one week 3 at a time over 11 weeks, placed ourselves in a 4 position where no person, man or woman, 5 controlling his or her checkbook nor any 6 business would ever place themselves in. We 7 have delayed, by the action -- and I hate to 8 use the word "we" -- this house, through the 9 acts of the majority, have delayed making 10 inevitable a greater crisis with each passing 11 week, instead of taking on the sum total of 12 the problem by dealing with the budget as one 13 document consisting of however many bills at 14 one time. 15 So whether it's kicking the can 16 down the street, whether it's dealing with it 17 incrementally, we continue to delay the 18 inevitable. And with each succeeding 19 extender, the inevitable becomes far more 20 alarming, grotesquely so, to the point at 21 which we are standing on a precipice and about 22 to be pushed over the edge. 23 And that edge, the only way we're 24 going to get there, unless there's a 25 willingness to make some very difficult and

Candyco Transcription Service, Inc. 1 painful decisions, is once again the infamous 2 resort to tax, spend and borrow. Which will 3 not only condemn us as a state, as a place not 4 to land, not to grow, not to try and create or 5 establish businesses in, but will condemn our 6 children and our grandchildren to woes that 7 will only be compounded by what they're going 8 to have to contend with at the national level 9 as well. 10 So, Mr. President, incremental 11 doesn't work. We had a game plan that we all 12 prided ourselves on a few short years ago. As 13 recently as 2007, we patted ourselves on the 14 back. Unanimously, in bipartisan fashion, we 15 all embraced budget reform. 16 This is diametrically opposed to 17 anything that would smack of reform. And it 18 is a long and slow sentence, and it's almost 19 like a death knell for the State of New York. 20 We can't -- can't, can't, can't -- in the 21 amount that you're leaving us left with which 22 to deal, reasonably expect that we're going to 23 be able to come to closure without somehow or 24 other having imposed upon us taxes, fees and 25 borrowing. And that, ladies and gentlemen, as

Candyco Transcription Service, Inc. 1 I said, is a prescription for disaster. 2 Thank you, Mr. President. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Thank you, Senator Saland. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Thank you, 7 Mr. President. On the bill. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Marcellino, on the bill. 10 SENATOR MARCELLINO: Earlier, 11 Senator Kruger had talked about how the 12 majority was keeping government going, keeping 13 government functioning. I would argue with 14 that proposal; I would argue with that 15 statement. If you want to call it keeping 16 government functioning by not paying your 17 bills, that's okay, because that's what we've 18 been doing. 19 According to the Comptroller of 20 this state, not of my party, but according to 21 the Comptroller -- who is, by the way, a 22 friend -- we pick and choose our bills. Some 23 bills we pay some months, some bills we don't 24 pay. We're like the debtor who's got his 25 credit cards all full, maxed out, and when one

Candyco Transcription Service, Inc. 1 company sends him a dunning notice he pays a 2 little to that one and ignores the rest. When 3 another one sends him another dunning notice, 4 he pays a little bit into that one and ignores 5 the others. 6 We're piecemealing. We're paying 7 some contractors and we're not paying others. 8 We're paying construction costs for CUNY 9 colleges but not for SUNY colleges. I don't 10 understand the difference, except by their 11 location. 12 We are increasing spending by this 13 proposal and this budget extender over the 14 Governor's budget. Over the Governor's 15 budget. The Governor's budget spent more than 16 the previous year's unbalanced budget that was 17 passed by the Majority. 18 We are increasing spending. I do 19 not understand how a state that is 20 $9.2 billion in debt -- and, if the federal 21 money doesn't come through, $10 billion in 22 debt -- can get away with actually spending 23 more than the previous year. That doesn't 24 make a lot of sense to me. 25 We are also shifting costs to the

Candyco Transcription Service, Inc. 1 counties. We're shifting by adding to the 2 increases in the child welfare costs, 3 $34 million to the counties, increasing the 4 counties' share of the youth facility costs, 5 another $42 million added to the counties' 6 costs. That translates, as Senator 7 DeFrancisco said, into property tax increases. 8 That is something everybody in this chamber 9 has said they would never do. But you're 10 going to do it if you vote for this extender. 11 You're going to increase costs to the 12 counties. 13 We are talking about -- I don't 14 know if it's going to be done, because we 15 really don't know what's going on because 16 everything's being done in secret behind 17 closed doors -- we're talking about 18 potentially borrowing from the pension fund so 19 that we can pay pension benefits. So we're 20 borrowing from the fund we're going to pay 21 back from. I don't understand that one at 22 all. That's another crazy thing we're doing 23 or talking about doing, according to the 24 newspapers, if they're accurate or not. You 25 figure that one out.

Candyco Transcription Service, Inc. 1 Increasing spending, ladies and 2 gentlemen, at a time when we don't have any 3 money. How do we do that? We're doing this 4 piecemeal budget. Last week we did the health 5 system. The week before that, it was EnCon 6 and Parks. This week it's mental health. A 7 death of a thousand cuts -- I would say a 8 death of a thousand adds. Because each one is 9 spending more than the previous year. I don't 10 know how you get away with that, by calling 11 this a functioning government. I call this 12 the height of dysfunction. 13 When you go down this road one 14 piece at a time, no entire budget, no part of 15 it's ever closed. No part of this budget is 16 closed. Every part of it, according to the 17 Governor's office, is on the table if we don't 18 close the deficit. So the health budget, 19 which everybody thinks is settled, it's not. 20 It's not. The Parks and EnCon, that's not 21 settled. This mental health budget, this 22 won't be settled when this is passed. None of 23 it will be settled until we get an entire 24 budget done. And we don't know when that's 25 going to be. That's still not on the table.

Candyco Transcription Service, Inc. 1 So when does that happen? 2 Ladies and gentlemen, we're going 3 down a path where the Big Ugly is coming right 4 at us. And the Big Ugly is going to be lots 5 of borrowing, taxes and fee increases. Nobody 6 wants to talk about it, nobody wants to see it 7 happen, but that's where you're going. We've 8 just seen the numbers from the previous two 9 questions, the previous two questioners. They 10 set the stage. They've asked it. In all of 11 this stuff, we've only cut about a billion 12 dollars out of a $9 billion deficit. There's 13 a huge amount of money left. How are you 14 going to make that up? You don't have a lot 15 left. You're going to take it all out of 16 what's left in the education budget? 17 I've said this many times. Doing 18 the same thing over and over again and 19 expecting different results is the definition 20 of insanity. If you want to call insanity a 21 functioning state government, so be it. I 22 intend to vote no on this particular extender, 23 Mr. President. This is not the way to do a 24 budget. This is not the way to govern the 25 great State of New York. And this is not the

Candyco Transcription Service, Inc. 1 way we should be treating our constituents. 2 They're not getting what they deserve: 3 Honest, open and clear government. They're 4 getting a bunch of rhetoric, a lot of talk and 5 very little action. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Thank you, Senator Marcellino. 8 Senator Diaz. 9 SENATOR DIAZ: Thank you, 10 Mr. President. 11 Today is the 11th week that we have 12 been coming here and voting for an extender 13 bill. For the past 10 weeks, Mr. President, I 14 have been cooperating with my conference, with 15 my leader, to the point, to the point 16 Mr. President, that two weeks ago I went into 17 the hospital. And after four days being in 18 the hospital, that Saturday, my leader, 19 Senator Sampson, came to the hospital to visit 20 me. 21 And he told me, "Rev" -- he calls 22 me Rev -- "Rev, Monday we need you." I said, 23 "Senator, I'm here in the hospital. They 24 haven't find out what I have yet. They're 25 doing the tests, they're testing me." He told

Candyco Transcription Service, Inc. 1 me, "Rev, we need you Monday." That was 2 Saturday. 3 Sunday, that Sunday, Mr. President, 4 because my leader told me that he needed me 5 for last Monday, I left the hospital, I came 6 Sunday morning out of the hospital and I drove 7 here on Sunday night so I could be here 8 Monday. 9 And Monday they presented me with 10 an extender bill to cut close to a billion 11 dollars in health. The same hospital where I 12 was, Westchester Square Hospital, the same 13 hospital that was taking care of me four days 14 before, my gift to them Monday was to kill 15 them, practically, because my leader told me 16 he needed me. And in pain, with sorrow, with 17 my heart in my hand, I voted last week, 18 Monday. 19 But you remember, ladies and 20 gentlemen, last week I said "No more, this 21 will be the last time that I will vote to cut 22 services to the needy, to the poor, to my 23 community. No more." I said it last Monday 24 during that vote. 25 Today is June 14th. Today is my

Candyco Transcription Service, Inc. 1 anniversary, wedding anniversary. And you 2 know what wives expect from husbands during 3 their wedding anniversary? Wives expect their 4 husbands to spend the day with them. When a 5 husband leaves a wife on their wedding 6 anniversary, that's not good. 7 So I left the hospital two weeks 8 ago to come Monday to vote for an extender, 9 and this week I'm leaving my wife, I left my 10 wife on the wedding anniversary today to be 11 here. And today we're cutting child welfare. 12 The funding for child welfare, for county 13 programs, has been cut, it's cut. The 14 emergency preventive program in child welfare, 15 cut. Summer youth employment program cut 16 substantially. 17 So what I said last week and what 18 I've been saying is I represent one of the 19 poorest districts in the nation. And the 20 people in my district, when I go out there 21 campaigning, I say vote for me, elect me and I 22 will protect you and I will help you and I 23 will be sure that you get what you need. But 24 for 10 weeks -- for 10 weeks -- I'm a 25 Democrat, and we Democrats have been voting to

Candyco Transcription Service, Inc. 1 cut services. 2 I've been telling my conference, 3 I've been telling everybody we don't have to 4 do this. Because we know where to get the 5 money. And I told them, number one, I have 6 two bills, submitted two bills. One, one bill 7 requires for us to go against the credit card 8 companies, go against them and force them, 9 force the credit card companies to send the 10 taxes that are owed to the state. 11 Because when you purchase, 12 Mr. President and ladies and gentlemen, when 13 you purchase with a credit card, the taxes 14 that are owed to the state, the credit card 15 companies send those taxes back to the 16 merchants. The merchants are supposed to send 17 the taxes to the state, but that doesn't 18 happen accurately. The state loses from 19 $800 million to $1 billion every year. 20 Simple, my bill simply requires 21 let's force the credit card companies to send 22 the taxes straight to the state and we don't 23 have to cut senior citizen programs, we don't 24 have to cut transportation programs, we don't 25 have to cut services for the needy and the

Candyco Transcription Service, Inc. 1 poor. We got money there. But nobody wants 2 to go against the credit card companies. 3 Because the credit card companies oppose that, 4 so nobody wants to touch that bill. 5 I also have another bill, another 6 bill that says let's purchase prescription 7 drugs from Canada. They say, Oh, that's 8 illegal. Well, the City of Schenectady is 9 doing it. So if it is illegal, how come 10 Schenectady is doing it? And how come last 11 year, how come last year the City of 12 Schenectady saved $9.4 million by buying 13 prescription drugs from Canada? If the state 14 does that, we will save close to a billion 15 dollars a year. 16 So I'm telling you where to get the 17 money. Why abusing, why balancing the budget 18 on the backs of the poor and the needy? Why? 19 We don't need to do that. What else? As some 20 of you know, let's have the Indian reservation 21 cigarettes pay taxes. Some people said that 22 that's close to $2 billion we could get from 23 there. 24 So you pass my two bills, because 25 I'm up here like crazy saying don't cut, don't

Candyco Transcription Service, Inc. 1 cut, don't cut. I'm telling you, I'm telling 2 you -- ladies and gentlemen, I'm telling you, 3 don't cut. But I'm telling you, here is the 4 money. So it's not like a crazy guy saying 5 don't cut, don't cut, don't cut. And when you 6 say, well, we got to cut -- no, we don't have 7 to cut. I'm telling you where the money is. 8 But you don't want to go against the 9 pharmaceuticals, because they have a lot of 10 money, they are powerful people, so let's 11 don't go against the pharmaceuticals. Let's 12 go better cut the services to the needy and 13 the poor. 14 I'm telling you, let's go against 15 the credit card companies. You don't want to 16 go against the credit card companies because 17 they're powerful. Let's -- it's easy to go 18 and hit the needy and the poor. 19 Well, I'm tired of that. I am 20 tired of that. Today won't be a good day for 21 me because my wife, I'm pretty sure that she 22 don't like me leaving her alone on the wedding 23 day, and I'm going to make a lot of people 24 angry today with my vote. 25 So, ladies and gentlemen, I'm not

Candyco Transcription Service, Inc. 1 voting for any more cuts. Not this week, not 2 next week, not from now until we get a budget 3 to deal with. So I'm against -- please, if 4 people don't -- like if people don't believe 5 me or don't -- I don't know. I said it last 6 week, I'm not voting anymore. And then people 7 said, oh, he's going to vote, he's going to 8 vote, he's going to vote, he's going to vote. 9 Hey, listen to me, ladies and gentlemen. 10 Listen to me. I'm not voting for cuts, not 11 today and not next week. 12 You want to shut off government? I 13 don't want. We have 62. I'm only one vote. 14 So don't put that on me. Don't put that on 15 me. I'm a Democrat. As a Democrat, I will 16 fight for services that we Democrats are 17 supposed to be fighting for. I'm a Democrat 18 and I will protect and I will not cut no more 19 benefits to the people that send me here. 20 And I'm willing to take the 21 consequences. I'll go to my community and I 22 will face them. But I'm not voting today -- 23 I'm voting no today to everything that's 24 coming here today, I am voting no today and I 25 will vote no next week. This is what I'm

Candyco Transcription Service, Inc. 1 trying to tell you. 2 Let's go to the Indian 3 reservations. There's money, there are taxes 4 there. Let's purchase prescription drugs from 5 Canada. Don't tell me it's illegal. Again, 6 I'm going to repeat myself. The City of 7 Schenectady is doing it. So why is that 8 illegal? It's not illegal for the City of 9 Schenectady. If it is not illegal for the 10 City of Schenectady, it cannot be illegal for 11 the state. 12 And let's force the credit card 13 companies to send the taxes that are owed to 14 the state, send those taxes straight to the 15 state. Don't send those taxes to the 16 merchants. Simple. This black guy, Puerto 17 Rican black guy with kinky hair and broken 18 English, I'm telling you how simple it is. 19 You don't have to go to Harvard. You don't 20 have to go to Yale. You don't have to go to 21 Princeton. Simple. This black Puerto Rican 22 with kinky hair and broken English is telling 23 you how simple it is. 24 Those taxes are belong the State of 25 New York. Why sending those taxes to the

Candyco Transcription Service, Inc. 1 merchants? You don't need to those taxes to 2 the merchants. Those taxes are supposed to be 3 sent to the state. Simple. Let's purchase 4 stuff from Canada, prescription drugs. 5 Simple. Let's put the taxes on the cigarettes 6 on the Indian reservations. Simple. 7 But no, we cannot do that because 8 the Indians will rally up. We cannot do that 9 because the pharmaceuticals are opposing that. 10 We cannot do that because the credit card 11 companies are opposing that. Oh. But you're 12 asking me to go and vote, keep voting to cut 13 services to my community, to my people. 14 It is hard, it is difficult, it's 15 painful. It is painful. I understand. And I 16 hope that that side that has been voting for 17 10 weeks no, I hope that that side today will 18 vote yes and the government will not be shut. 19 But I cannot vote yes. I have to vote no. 20 And, Mr. President and ladies and 21 gentlemen, thank you for this opportunity, and 22 I have spoken my piece. Thank you. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Thank you, Senator Diaz. 25 Senator Maziarz.

Candyco Transcription Service, Inc. 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. On the bill. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Maziarz, on the bill. 5 SENATOR MAZIARZ: Thank you, 6 Mr. President. 7 You know, all of us -- and I don't 8 want to repeat what my colleagues Senator 9 DeFrancisco or Senator Marcellino said, but 10 all of us, particularly this summer and this 11 fall are going to be going out, outside the 12 City of New York. You know, we meet with 13 county legislators and we meet with county 14 executives and we meet with county managers. 15 And we tell them all the same thing, that 16 we're against unfunded mandates, that we're 17 against instituting programs and then shifting 18 the cost onto someone else. 19 What this bill does today, what 20 this extender does today is it shifts some of 21 the costs back to county governments. And we 22 all know where county governments get their 23 money. Outside the City of New York, they get 24 it from property taxes. A vote for this 25 extender today is a vote to shift costs,

Candyco Transcription Service, Inc. 1 particularly social services costs, back to 2 county property taxpayers. 3 And that's just -- that's the main 4 reason why we should all defeat this bill 5 today, Mr. President. Because we can't -- we 6 can't go out there and say that we're against 7 cost shifting, we're against unfunded 8 mandates, and then stand here on the floor or 9 sit here on the floor and vote for this 10 particular bill today. 11 Mr. President, I will be voting in 12 the negative. Thank you. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Thank you, Senator Maziarz. 15 Senator Lanza. 16 SENATOR LANZA: Thank you, 17 Mr. President. On the bill. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 On the bill, Senator Lanza. 20 SENATOR LANZA: I know it's late. 21 It's late because we were called into session 22 at 12 o'clock and the bill came to the floor 23 at 6:00 p.m. That's why it's late. But we 24 should have an opportunity to speak about 25 what's happening here for real.

Candyco Transcription Service, Inc. 1 You know, I listened to the 2 chairman of the Senate Finance Committee -- 3 Democrat, in the majority -- stand there and 4 chastise the Republican Party for what's 5 happening here today. All I've got to say to 6 that is nice try. Nice try. And I know in a 7 place that doesn't suffer for lack of theater, 8 we often hear a lot of pontificating and 9 politicking. But I've got to tell you, for me 10 that was about the most disingenuous, shocking 11 and hypocritical statement that I've heard on 12 this floor. 13 And I know there are more cameras 14 here than usual, so let me tell you this. The 15 people on the other side of those cameras 16 across this state won't be fooled. They will 17 not be fooled. I mean, the chairman of the 18 Finance Committee is blaming us for what's 19 happening here this evening. That reminds me 20 of the guy that walks in the room and turns 21 off the lights and then chastises the people 22 sitting in the room for sitting in darkness. 23 I heard on the radio over the 24 weekend, one of the pundits said "Government's 25 going to shut down if they don't pass the

Candyco Transcription Service, Inc. 1 emergency bill." Well, let's analyze that. 2 Why do we have an emergency bill? Because you 3 created an emergency. You created it by 4 ignoring your responsibility. You talk about 5 our responsibility? By ignoring your 6 responsibility to have an on-time budget April 7 1st. To have, as a matter of law, conference 8 committees so that the public might see what 9 it is that you see or don't see in your 10 crystal ball. 11 We have an emergency because we 12 don't have a budget. Don't blame us. I mean, 13 the excuses I've heard tonight and over the 14 last few weeks. My favorite a couple of weeks 15 ago was that we don't have a budget because of 16 some vote Senator DeFrancisco took in 1997. 17 There's a show on television, "MythBusters." 18 I mean, they could do a week-long special on 19 some of the things that we hear from your 20 party concerning why we have a late budget. 21 Don't blame us, please. 22 The people will not be fooled. 23 They know why we don't have a budget 74 days 24 late. They know it's because you have been 25 unable to put a budget on the floor. Because

Candyco Transcription Service, Inc. 1 you who are in leadership for whatever reason 2 have been unable to lead. 3 So let me dispel one myth right off 4 the bat here. You heard the chair of the 5 Senate Finance Committee say, "These guys are 6 going to shut down government." Government's 7 not going to be shut down. It's a myth. 8 That's myth number one. 9 Myth number two, somehow the budget 10 is magically going to come together without 11 leadership. That is not possible. We need 12 leadership. You're in the majority? Lead. 13 So if you don't want government to 14 shut down, put a budget on the floor. Lead. 15 Make the tough choices. There's an old 16 expression that says "Lead or get out of the 17 way." Lead or get out of the way, and let's 18 get a budget passed 74 days overdue. We could 19 do it tomorrow. There's no reason for people 20 to go home. There's no reason for anyone in 21 room to do anything but work on getting a 22 budget done. 23 So I'm going to vote no. And I 24 voted for the first four or five because my 25 friends across the aisle said we need more

Candyco Transcription Service, Inc. 1 time, it's a difficult year. And I voted for 2 the first four or five. But I can't any 3 longer vote yes on these extenders because 4 they've become nothing more than an excuse not 5 to pass a budget. And we've got plenty of 6 excuses. 7 The people back home should not be 8 played with any longer. We need a budget, 9 Mr. President. And I'll vote no. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Lanza. 12 Are there any other Senators 13 wishing to be heard on the bill? 14 Hearing none, debate is closed. 15 The Secretary will please ring the bells. 16 Read the last section. 17 THE SECRETARY: Section 24. 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 Senator Farley, to explain his vote. 24 SENATOR FARLEY: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 I rise because this is a very, very 2 difficult vote. When I came to work here this 3 morning, over the weekend two members of the 4 other side said that they were not going to 5 vote for extenders. To not pass this extender 6 would drive New York State into a state of 7 chaos. It's time to pass a budget. It would 8 be a calamity if this extender did not pass. 9 I have tens of thousands of state 10 workers. Many of them received notices not to 11 come to work tomorrow if this extender does 12 not pass. This secret budget process, which 13 is 74 days late, is the worst thing that I've 14 seen in my 34 years in this Senate. It's an 15 absolute disgrace. A dysfunction on steroids. 16 If I was to say something about the 17 way that this house runs, I would say, please, 18 if this is what one-party rule does in the 19 State of New York, give me a break. Because 20 it is outrageous. 21 The extender -- this particular 22 extender has no taxes and fees in it, which 23 makes a little bit better for me to vote for 24 it. But I'll tell you, it's got a lot of 25 negatives. And it's one of the reasons that

Candyco Transcription Service, Inc. 1 I'm gravely concerned about it. 2 But I'll tell you one thing. Don't 3 count on me to vote for any more extenders. 4 This time it's time to pass a budget. We've 5 got to get this act together. The minority, 6 the Republicans in both houses have been 7 totally excluded from the process. I think 8 it's outrageous. 9 But I will vote aye, reluctantly. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Farley to be recorded in the 12 affirmative. 13 Senator McDonald, to explain his 14 vote. 15 SENATOR McDONALD: Thank you, 16 Mr. President. 17 I too am voting yes. This has not 18 been a good day, a good year, or a good couple 19 of years for real people in New York State. 20 This has been a problem all year for our 21 school systems, our hospitals, our nursing 22 homes, local governments, you name it. This 23 has been a problem. They've seen up close the 24 dysfunctionality of leadership in this state, 25 from day one. Remember day one? From day

Candyco Transcription Service, Inc. 1 one. It did something I thought was virtually 2 impossible. It got worse. 3 Real people don't care about us 4 sitting here right now. Don't kid yourself if 5 you read election returns, that you think 6 somebody really cares about your position. We 7 have lost the respect, justifiably so, we've 8 lost the respect of real people in this state. 9 People in my community have seen 10 brinkmanship. You almost destroyed horse 11 racing in New York State. You waited till the 12 last moment, and you impacted real people. 13 Some weeks ago remember the 14 extender that called for furloughs for the 15 people who actually work for a living in 16 New York State, the lower end. Not the top, 17 not the patronage, not the buddies, but the 18 men and women who actually work, the real 19 people with the real families. 20 There's nothing to be happy here. 21 Fear was used as a weapon today. Fear by the 22 leaders: We're going to close down. A couple 23 of days ago that was the hot topic, fear. 24 I will not allow anybody to scare 25 or intimidate my constituency again. Fear is

Candyco Transcription Service, Inc. 1 not the weapon for men and women who work 2 here, the construction projects that we need, 3 the schools -- 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator McDonald -- 6 SENATOR McDONALD: -- the 7 hospitals -- 8 ACTING PRESIDENT CRAIG JOHNSON: 9 -- your two minutes are up. How do you vote, 10 Senator McDonald? 11 SENATOR McDONALD: I vote yes. 12 But that's a floating two minutes. It's 13 another form of censorship, just like what's 14 happened during this budget process. 15 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator McDonald -- 18 SENATOR McDONALD: To the people 19 up there listening, do not tolerate it 20 anymore. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator McDonald to be recorded in the 23 affirmative. 24 Are there any other Senators who 25 wish to explain their vote?

Candyco Transcription Service, Inc. 1 Seeing none, the Secretary -- oh, 2 I'm sorry. I don't wish to -- Senator Adams. 3 SENATOR ADAMS: Yeah, let me say 4 this. I don't like voting for extenders. I 5 don't like that we are over 70 days late for 6 the budget. 7 But the reality is it's not fear 8 and it's not irresponsible, it's responsible 9 to vote to maintain government. And no matter 10 how we romanticize -- closing down government 11 is not good, it's not bad -- it impacts 12 thousands of employees. 13 I would not permit and participate 14 in our state doing an irresponsible vote. I 15 vote in favor of this extender and any other 16 extender that comes up until we are clear on 17 how we're going to settle this budget. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Adams to be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 957 are 24 Senators Alesi, Bonacic, DeFrancisco, Diaz, 25 Flanagan, Golden, Griffo, Hannon, O. Johnson,

Candyco Transcription Service, Inc. 1 Lanza, Larkin, LaValle, Leibell, Libous, 2 Little, Marcellino, Maziarz, Nozzolio, 3 Padavan, Ranzenhofer, Robach, Saland, Seward, 4 Skelos, Volker, Winner and Young. 5 Ayes, 34. Nays, 27. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 can we go back to a reading of Senate Print 11 Number 8178, Calendar Number 958. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 958, by the Senate Committee on Rules, Senate 16 Print 8178, an act to amend the Education Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, is 20 there a message of necessity at the desk? 21 ACTING PRESIDENT CRAIG JOHNSON: 22 There is a message of necessity at the desk, 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, I 25 move to accept the message at this time.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The question is on the acceptance of the 3 message of necessity. All those in favor 4 please indicate by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The message is accepted. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can we now lay this bill aside for the day. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside for the day. 16 The Secretary will continue to read 17 the controversial supplemental calendar. 18 THE SECRETARY: Calendar Number 19 959, by the Senate Committee on Rules, Senate 20 Print 8169, an act to amend the Mental Hygiene 21 Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Are there any Senators who wish to be heard? 24 Seeing none, the Secretary will 25 ring the bell. Debate is closed.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 959 are 11 Senators Alesi, Bonacic, DeFrancisco, Diaz, 12 Flanagan, Golden, Griffo, Hannon, O. Johnson, 13 Lanza, Larkin, LaValle, Leibell, Libous, 14 Little, Marcellino, Maziarz, Nozzolio, 15 Padavan, Ranzenhofer, Robach, Saland, Seward, 16 Skelos, Volker, Winner and Young. 17 Ayes, 34. Nays, 27. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 Senator Klein, that completes the 21 reading of the controversial supplemental 22 calendar. 23 SENATOR KLEIN: Mr. President, 24 there will be an immediate meeting of the 25 Rules Committee in the Majority Conference

Candyco Transcription Service, Inc. 1 Room. 2 Pending the return of the Rules 3 Committee, may we please stand at ease. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 There will be an immediate meeting of the 6 Rules Committee in the Majority Conference 7 Room. 8 Pending the return of the Rules 9 Committee, the Senate stands at ease. 10 (Whereupon, the Senate stood at 11 ease at 7:36 p.m.) 12 (Whereupon, the Senate reconvened 13 at 7:50 p.m.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 have several motions. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Returning to the order of motions and 20 resolutions. 21 Senator Klein. 22 SENATOR KLEIN: On behalf of 23 Senator Thompson, on page number 39 I offer 24 the following amendments to Calendar Number 25 722, Senate Print Number 7842, and ask that

Candyco Transcription Service, Inc. 1 said bill retain its place on Third Reading 2 Calendar. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Amendments received. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, on 7 behalf of Senator Hassell-Thompson, I wish to 8 call up Senate Print Number 4018, recalled 9 from the Assembly, which is now at the desk. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will read the title. 12 THE SECRETARY: Calendar Number 13 11, by Senator Hassell-Thompson, Senate Print 14 4018, an act to amend the Penal Law. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, I 18 now move to reconsider the vote by which this 19 bill was passed. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The Secretary will call the roll on 22 reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, I 3 now offer the following amendments. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Amendments received. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, on 8 behalf of Senator Oppenheimer, I wish to call 9 up Calendar Number 871, Assembly Print Number 10 3467A. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The Secretary will read the title. 13 THE SECRETARY: Calendar Number 14 871, by Member of the Assembly Rosenthal, 15 Assembly Print Number 3467A, an act to amend 16 the Education Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein. 19 SENATOR KLEIN: I now move to 20 reconsider the vote by which this Assembly 21 bill was substituted for Senate Print Number 22 7820 on 6/14. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The Secretary will call the roll on 25 reconsideration.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: I mow move that 6 Assembly Bill Number 3467A be committed to the 7 Committee on Rules and the Senate bill be 8 restored to the order of Third Reading 9 Calendar. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 So ordered. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, is 14 there any further business at the desk? 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Klein, the desk is clear. 17 SENATOR KLEIN: There being no 18 further business, Mr. President, I move that 19 we adjourn until Tuesday, June 15th, at 20 12:00 o'clock. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 There being no further business to come before 23 the Senate, on motion, the Senate stands 24 adjourned until Tuesday, June 15th, at 25 12:00 noon.

Candyco Transcription Service, Inc. 1 (Whereupon, at 7:52 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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