Wednesday, June 23, 2010

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

Candyco Transcription Service, Inc. 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, on 9 behalf of Senator Addabbo, on page number 38 I 10 offer the following amendments to Calendar 11 Number 1104, Senate Print Number 7591, and ask 12 that said bill retain its place on Third 13 Reading Calendar. 14 ACTING PRESIDENT BRESLIN: So 15 ordered. 16 SENATOR KLEIN: On behalf of 17 Senator Onorato, on page number 26 I offer the 18 following amendments to Calendar Number 782, 19 Senate Print Number 5847D, and ask that said 20 bill retain its place on Third Reading 21 Calendar. 22 ACTING PRESIDENT BRESLIN: So 23 ordered. 24 SENATOR KLEIN: On behalf of 25 Senator Addabbo, on page number 38 I offer the

Candyco Transcription Service, Inc. 1 following amendments to Calendar Number 1097, 2 Senate Print Number 7153, and ask that said 3 bill retain its place on Third Reading 4 Calendar. 5 ACTING PRESIDENT BRESLIN: So 6 ordered. 7 SENATOR KLEIN: Mr. President, I 8 believe there are substitutions at the desk. 9 I ask that we make the substitutions at this 10 time. 11 ACTING PRESIDENT BRESLIN: The 12 Secretary will read. 13 THE SECRETARY: On page 20, 14 Senator Klein moves to discharge, from the 15 Committee on Rules, Assembly Bill Number 9934 16 and substitute it for the identical Senate 17 Bill Number 7011, Third Reading Calendar 568. 18 On page 28, Senator Peralta moves 19 to discharge, from the Committee on Rules, 20 Assembly Bill Number 4501A and substitute it 21 for the identical Senate Bill Number 8014, 22 Third Reading Calendar 812. 23 On page 31, Senator Oppenheimer 24 moves to discharge, from the Committee on 25 Rules, Assembly Bill Number 3467B and

Candyco Transcription Service, Inc. 1 substitute it for the identical Senate Bill 2 Number 7820A, Third Reading Calendar 871. 3 And on page 34, Senator LaValle 4 moves to discharge, from the Committee on 5 Rules, Assembly Bill Number 10718 and 6 substitute it for the identical Senate Bill 7 Number 7503, Third Reading Calendar 917. 8 ACTING PRESIDENT BRESLIN: 9 Substitutions ordered. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, at 12 this time I wish to recall Senate Resolution 13 Number 6159, by Senator McDonald, which was 14 unanimously adopted on June 22nd. 15 I ask that the title of the 16 resolution be read and give Senator McDonald 17 an opportunity to speak on his resolution. 18 ACTING PRESIDENT BRESLIN: The 19 Secretary will read. 20 THE SECRETARY: By Senator 21 McDonald, Legislative Resolution Number 6159, 22 commending Deputy Sergeant-at-Arms Ted Smetana 23 upon the occasion of his retirement after 24 36 years of distinguished service to the 25 New York State Senate.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator McDonald. 3 SENATOR McDONALD: Thank you, 4 Mr. President. 5 It's quite an honor today to 6 recognize somebody who's given so much service 7 to their community, their state, and their 8 country. And that gentleman is Ted Smetana, 9 who for 36 years was a member of our corps of 10 sergeant-at-arms. 11 Thirty-six years he worked for us. 12 Amazingly, prior to that he had an outstanding 13 career as a New York State trooper for 14 22 years. Before that, he served for us in 15 World War II, in the U.S. Navy. 16 Think of that -- time in World War 17 II with the U.S. Navy, over 20 years as part 18 of our wonderful New York State Troopers, 19 where he led the first scuba diving unit right 20 of Lake George, locally, where they started 21 the first deep sea -- or I guess what it is, 22 scuba diving, and in charge of the modern 23 scuba diving program that the State Police 24 inaugurated. 25 He'd done so many things for us.

Candyco Transcription Service, Inc. 1 Then he stayed with us, after the Troopers, 2 and he's worked for us right here in the 3 New York State Capitol. Dedicated and a 4 family man. 5 Please recognize this wonderful 6 gentleman. He is with his wife and his son 7 Mark. Please stand up. 8 Thank you for your service, Ted. 9 (Applause.) 10 SENATOR McDONALD: Thank you, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator McDonald. 14 Are there any other Senators 15 wishing to be heard? 16 Senator Padavan. 17 SENATOR PADAVAN: He's also a 18 great fisherman. You want to know where all 19 the great fishing spots are up here in the 20 Northeast, you ask Ted. 21 ACTING PRESIDENT BRESLIN: 22 Senator Volker. 23 SENATOR VOLKER: I just want to 24 say obviously I've known Ted for a long time. 25 And as somebody who at one time was

Candyco Transcription Service, Inc. 1 assigned the duty of kind of overseeing the 2 sergeant-at-arms, he's been here through all 3 the majority leaders that I've been here with, 4 and only 36 years. I'm 38 years, so there 5 isn't much difference. 6 But I've got to tell you something. 7 He's one of the most dedicated, one of the 8 best sergeant-at-arms we ever had. He's 9 also -- not only do we talk about the scuba 10 diving, he was also in charge of -- let's see, 11 how can I explain this. I don't want to mean 12 covert operations. But he was in charge of 13 making sure that the Senate didn't have any 14 invasion by outside people from people, as 15 happened here years ago, by the way, when a 16 governor did it. 17 He was in charge of the group that 18 would go into the various offices and make 19 sure that there was no wiretapping going on. 20 And that meant that sometimes he'd be in all 21 night long, because he'd do it mostly when the 22 Senate was out of the session. Interestingly 23 enough, most of the people in the Senate 24 didn't even know it was going on. 25 But since we were a house here that

Candyco Transcription Service, Inc. 1 at one time had our phones tapped years ago, 2 which has never been talked about very much -- 3 in fact, I personally did -- we made sure that 4 the Senate operation was not attacked either 5 from outside or inside. 6 In fact, we offered the Assembly -- 7 because we had an enormous amount of 8 equipment -- we offered the Assembly, and Mel 9 Miller, who was my good friend, said, "Well, I 10 don't think it's really right for Senate 11 people to be checking into the Assembly." And 12 they hired people at an enormous rate of 13 money, I don't want to get into it, to do 14 their job. 15 But the people that did our job did 16 a super job, and we now have a system here 17 that we spent quite a bit of money on to make 18 sure that our members don't have to worry 19 about being attacked either from inside or 20 outside. 21 And I want to say to Ted, I'll miss 22 you, because you've been a great guy and 23 you've been part of the Senate family for so 24 long, it's hard to believe you're going to be 25 gone. Of course, I've been part of the Senate

Candyco Transcription Service, Inc. 1 family; it's going to be hard for me to leave 2 too. But it's time, I know, for me; you're 3 quite a bit younger. Well, whatever. 4 But good luck, Ted. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Volker. 7 Senator Farley. 8 SENATOR FARLEY: Yes, I rise to 9 wish Ted a very happy retirement and say that, 10 you know, of course he's been here even longer 11 than my 34 years. 12 But what a sergeant-at-arms he was 13 and continued to be. You could write a 14 history of things that have happened here, 15 because there's so many things that did happen 16 during your tenure here in the Senate, with 17 people breaking in and all kinds of 18 disruptions and things where you had to step 19 up. 20 The job that you did was 21 magnificent, as a State Police officer for so 22 many years, and you even had a longer time 23 serving the people of the State of New York as 24 a sergeant-at-arms. 25 Ted, you were a fixture here

Candyco Transcription Service, Inc. 1 throughout my career and always treated 2 everybody on both sides of the aisle with 3 dignity and respect. And you've been a great 4 asset to our Senate family, and we all wish 5 you the very best. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Farley. 8 Are there any other Senators 9 wishing to be heard? 10 Senator LaValle. 11 SENATOR LaVALLE: I just want to 12 add my congratulations for all of the work 13 that you've done. You've been here the entire 14 tenure of my career. 15 And many times I know the 16 sergeant-at-arms think that the members are 17 kind of blase about what you do. But, Ted, 18 you have always been a real professional, 19 always a real gentleman in performing your 20 duties, and we really -- I'm speaking for 21 myself -- appreciated the quality that you 22 added to the Senate family. And good luck to 23 you in your retirement. 24 ACTING PRESIDENT BRESLIN: This 25 resolution was adopted unanimously on

Candyco Transcription Service, Inc. 1 June 22nd. 2 Congratulations, Ted. 3 (Applause.) 4 ACTING PRESIDENT BRESLIN: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, at 7 this time I wish to recall Senate Resolution 8 6178, by Senator Farley, which was unanimously 9 adopted on June 22nd. I ask that the title of 10 the resolution be read and give Senator Farley 11 the opportunity to speak on his resolution. 12 ACTING PRESIDENT BRESLIN: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Farley, Legislative Resolution Number 6178, 16 commending Chief Sergeant-at-Arms William C. 17 Martin upon the occasion of his retirement 18 after 13 years of distinguished service to the 19 New York State Senate. 20 ACTING PRESIDENT BRESLIN: 21 Senator Farley. 22 SENATOR FARLEY: Thank you. 23 Thank you, Mr. President. 24 I rise to pay tribute to our 25 sergeant-at-arms for 13 years. Every member

Candyco Transcription Service, Inc. 1 of this house remembers the outstanding 2 service of Billy Martin, who is not here 3 today. 4 But let me just tell you something 5 else. He was a Schenectady police officer for 6 22 years, he was the administrative training 7 sergeant, and came here into the Senate to 8 become our chief sergeant-at-arms and served 9 with great dignity and honor. And again, 10 treated everybody fairly and ran a tremendous 11 ship. And somebody that we're very, very 12 proud of his service. 13 Billy Martin not only was a great 14 sergeant-at-arms, he's a wonderful family man 15 and the father of four children and a terrific 16 person and human being. It's not easy what 17 the sergeant-at-arms has to do to take care of 18 all the minutiae that happens here in the 19 Senate. And I know that we all appreciate his 20 service. And this record will be sent on to 21 him. 22 And I wish Billy Martin a very 23 happy retirement and thank him for his service 24 to this house. 25 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator Farley. 2 Are there any other Senators 3 wishing to be heard on the resolution? 4 Hearing none, this resolution was 5 adopted unanimously on June 22nd. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, at 8 this time I wish to recall Senate Resolution 9 Number 6226, by Senator Little, which was 10 unanimously adopted on June 22nd. I ask that 11 the title of the resolution be read and that 12 Senator Little be given the opportunity to 13 speak on her resolution. 14 ACTING PRESIDENT BRESLIN: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Little, Legislative Resolution Number 6226, 18 mourning the untimely death of Benjamin D. 19 Osborn and paying tribute to his courageous 20 actions as a member of the United States Army. 21 ACTING PRESIDENT BRESLIN: 22 Senator Little. 23 SENATOR LITTLE: Thank you, 24 Mr. President. 25 Army Specialist Benjamin D. Osborn

Candyco Transcription Service, Inc. 1 was killed in combat on Tuesday, June 15, 2 2010, while serving in Konar Province, 3 Afghanistan. 4 It's fitting that we talk about 5 this legislative resolution today because 6 Governor Paterson has directed that all flags 7 in the State of New York be flown at half-mast 8 today in honor of Benjamin Osborn. 9 Born in Glens Falls on January 21, 10 1983, Ben was the son of William and Beverly 11 Osborn. In February he married Nicole LaPier. 12 He had joined the Army in April of 13 2007 and had served in both Iraq and 14 Afghanistan. Among the medals that he's 15 received has been the Iraq Freedom Medal, the 16 Purple Heart, and the Bronze Star. 17 Ben was a competitive athlete for 18 many years at Lake George High School. He was 19 a loved and compassionate person who fully 20 subscribed to the following Vince Lombardi 21 creed, and I quote: "I firmly believe that 22 man's finest hour is that moment when he has 23 worked his heart out in a good cause and he's 24 exhausted on the field of battle, victorious." 25 Ben gave his all for the mission at

Candyco Transcription Service, Inc. 1 hand. He will be laid to rest tomorrow at the 2 Gerald B.H. Solomon Saratoga National 3 Cemetery. 4 I ask you all to remember his 5 family in your prayers and in your thoughts. 6 Thank you. 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator Little. 9 This resolution was unanimously 10 adopted on June 22nd. 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 BRESLIN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 172, by Senator Foley, Senate Print 4322B, an 19 act to amend the Social Services Law. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT BRESLIN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 172 are 6 Senators DeFrancisco, Golden, Griffo, 7 L. Krueger, Lanza, Ranzenhofer, Volker and 8 Young. Also Senator Nozzolio. Also Senator 9 Libous. 10 Ayes, 47. Nays, 10. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 312, by Senator Foley, Senate Print 6139A, an 15 act to authorize Lighthouse Mission, Inc. 16 ACTING PRESIDENT BRESLIN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Announce the results. 25 THE SECRETARY: Ayes, 56. Nays,

Candyco Transcription Service, Inc. 1 1. Senator Bonacic recorded in the negative. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 380, by Senator Schneiderman, Senate Print 6 7034A, an act to amend the Civil Practice Law 7 and Rules. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 7. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 380 are 19 Senators Bonacic, DeFrancisco, Farley, Golden, 20 Griffo, O. Johnson, Lanza, Larkin, Marcellino, 21 Skelos, Volker, Winner and Young. Also 22 Senator LaValle. 23 Ayes, 43. Nays, 14. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 383, by Senator Aubertine, Senate Print 7145, 3 an act to amend the Public Service Law. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Announce the results. 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 393, by Senator L. Krueger, Senate Print 18 5571A, an act to amend the Education Law. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect one year after it shall 23 have become a law. 24 ACTING PRESIDENT BRESLIN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 Senator DeFrancisco, to explain 5 his vote. 6 SENATOR DeFRANCISCO: Yes, I 7 thought I'd explain the vote rather than 8 debate it. 9 I've heard of bills where an 10 individual, no matter what the profession or 11 occupation might be, after a period of 12 experience doesn't have to take continuing 13 education courses to maintain a license. But 14 this is the first I've heard of that if you've 15 worked a certain amount of time you don't have 16 to have a license at all. 17 Now, something doesn't click right 18 here. I don't quite understand the logic 19 behind here, unless there's somebody or a 20 group of people who the sponsor is trying to 21 help. Because you either should have licenses 22 or not have licenses. And if you want to 23 eliminate some of the requirements to get a 24 license, that's one thing. But to eliminate 25 the requirement even to have a license is --

Candyco Transcription Service, Inc. 1 I'm greatly curious about that type of theory 2 here. 3 So for that reason, I'm going to 4 vote no. 5 ACTING PRESIDENT BRESLIN: 6 Senator DeFrancisco to be recorded in the 7 negative. 8 Senator Padavan, to explain his 9 vote. 10 SENATOR PADAVAN: I'd like 11 explain my vote, Mr. President. 12 Interior designers are not interior 13 decorators. These are individuals who can do 14 major renovations in a commercial facility, or 15 a residential, including knocking down walls, 16 putting up new walls, partitions. Some of 17 them can be bearing partitions. 18 They are doing, in a sense, by 19 design, engineering work. Which under the 20 building code in the City of New York requires 21 review by a plan examiner of plans either 22 submitted by a professional engineer or a 23 licensed architect. 24 We're exempting them entirely. I 25 don't think this is, in terms of public

Candyco Transcription Service, Inc. 1 safety, the right thing to do. So I'll be 2 voting no. 3 ACTING PRESIDENT BRESLIN: 4 Senator Padavan to be recorded in the 5 negative. 6 Senator Liz Krueger, to explain her 7 vote. 8 SENATOR LIZ KRUEGER: Thank you 9 very much. 10 I appreciate the colleagues who are 11 voting no. I just want to clarify, it 12 doesn't -- this grandfathers in people with at 13 least 15 years of experience if -- again, only 14 if, based on information and portfolio they 15 have provided to the State Education 16 Department, the State Education Department 17 decides to allow them to be licensed based on 18 a history of experience. 19 So it's not an automatic 20 grandfathering in of everyone who has worked 21 in the field for at least 15 years. They 22 still have to meet criteria established by the 23 State Education Department, who can say no 24 based on any and all of these concerns that 25 are being raised. And this bill has been

Candyco Transcription Service, Inc. 1 negotiated out with SED to clarify that. 2 I'll be voting yes. Thank you. 3 ACTING PRESIDENT BRESLIN: 4 Senator Liz Krueger will be recorded in the 5 affirmative. 6 Senator LaValle, to explain his 7 vote. 8 SENATOR LaVALLE: Thank you very 9 much, Mr. President. 10 I was the sponsor of the 11 legislation that created the interior design 12 profession. At that time we had a two-year 13 window to bring people in. 14 To the best of my knowledge, I 15 don't believe we have for any profession gone 16 back and opened it up for individuals to come 17 back in after -- I think the chapter was in 18 1990. So, you know, we're talking 20 years 19 ago. 20 So I don't think it's a good 21 precedent. I think Senator Padavan brought up 22 some cogent points. I'm going to be recorded 23 in the negative, please. 24 ACTING PRESIDENT BRESLIN: 25 Senator LaValle will be recorded in the

Candyco Transcription Service, Inc. 1 negative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 393 are 5 Senators Bonacic, DeFrancisco, Farley, 6 Flanagan, Golden, Griffo, Hannon, O. Johnson, 7 Lanza, Larkin, LaValle, Libous, Marcellino, 8 McDonald, Nozzolio, Padavan, Robach, Saland, 9 Skelos, Volker, Winner, and Young. 10 SENATOR KLEIN: Can we lay the 11 bill aside for the day, please. 12 ACTING PRESIDENT BRESLIN: The 13 bill is laid aside for the day. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 569, by Senator C. Johnson, Senate Print 7534, 17 an act to amend the State Finance Law and 18 others. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 6. This 22 act shall take effect immediately. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Announce the results. 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT BRESLIN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 636, by Senator Savino, Senate Print 6784, an 8 act to amend the General Municipal Law. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BRESLIN: There 14 is a home-rule message at the desk. 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: In relation to 18 Calendar Number 636, those Senators recorded 19 in the negative are Senators Diaz, 20 Hassell-Thompson, L. Krueger, Ranzenhofer and 21 Squadron. 22 Ayes, 52. Nays, 5. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 650, by Senator Duane, Senate Print 7156, an 2 act to amend the Public Health Law. 3 SENATOR LANZA: Lay it aside. 4 ACTING PRESIDENT BRESLIN: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 776, by Member of the Assembly Jeffries, 8 Assembly Print Number 8012, an act to amend 9 the Correction Law. 10 ACTING PRESIDENT BRESLIN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall -- 14 SENATOR LIBOUS: Lay it aside. 15 ACTING PRESIDENT BRESLIN: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 808, by Member of the Assembly Millman, 19 Assembly Print Number 11226, an act to amend 20 the Election Law. 21 ACTING PRESIDENT BRESLIN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: 4 Senator Farley, to explain his vote. 5 SENATOR FARLEY: I'm voting no. 6 But I just want to point out that 7 this says it's within the City of New York. 8 This is statewide. So that's misleading in 9 and of itself. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Farley. Senator Farley to be 12 recorded in the negative. 13 Senator Padavan, to explain his 14 vote. 15 SENATOR PADAVAN: No, 16 Mr. President, I'm asking for a point of 17 information. 18 If a calendar item -- calendared 19 item, the bill before us -- blatantly, 20 blatantly misrepresents the bill, should it 21 not be laid aside and at least the title 22 corrected? This title says, in effect, very 23 directly, within the City of New York. 24 And that's not the case. It's 25 misleading. I think everyone should know

Candyco Transcription Service, Inc. 1 that. But moreover, I think the bill ought to 2 be laid aside and the title corrected. 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT BRESLIN: The 6 bill is laid aside for the day. 7 Thank you, Senator Padavan. 8 THE SECRETARY: Calendar Number 9 815, by Member of the Assembly Weinstein, 10 Assembly Print Number 8969, an act to amend 11 the Estates, Powers and Trusts Law. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of January. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 861, by Senator Adams, Senate Print 7945A, an

Candyco Transcription Service, Inc. 1 act to amend the Criminal Procedure Law. 2 ACTING PRESIDENT BRESLIN: Read 3 the last section. 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT BRESLIN: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 871, substituted earlier today by Member of 9 the Assembly Rosenthal, Assembly Print Number 10 3467B, an act to amend the Education Law. 11 ACTING PRESIDENT BRESLIN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of July. 15 ACTING PRESIDENT BRESLIN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT BRESLIN: 19 Senator DeFrancisco, to explain his vote. 20 SENATOR DeFRANCISCO: I'm voting 21 no. 22 I understand it is already the 23 practice of school districts to have parents 24 consent at the beginning of the year to a 25 child being involved with the dissection of

Candyco Transcription Service, Inc. 1 animals, for a biology class or otherwise. My 2 understanding of this bill is that the parents 3 have to receive a notice of that right. 4 We've gotten to the point where 5 we're notifying everybody of what their rights 6 are or notifying everybody about everything 7 and requiring more paperwork to be distributed 8 by schools and other areas as well, which it 9 seems to me we should use the money for 10 education. 11 So for that reason, since it's an 12 absolutely needless thing, that we should not 13 require a needless thing to be done at great 14 expense to the school districts. 15 So I vote no. 16 ACTING PRESIDENT BRESLIN: 17 Senator DeFrancisco to be recorded in the 18 negative. 19 Senator Farley, to explain his 20 vote. 21 SENATOR FARLEY: You know, as 22 we're cutting school aid and not passing 23 budgets and all kinds of things, this is 24 another mandate on schools. It's a pain in 25 the neck for them to notify every parent of

Candyco Transcription Service, Inc. 1 when they're going to dissect an animal or 2 whatever it might be. It's just a mandate 3 that is a bad piece of legislation. 4 ACTING PRESIDENT BRESLIN: 5 Senator Farley will be recorded in the 6 negative. 7 Senator Oppenheimer, to explain her 8 vote. 9 SENATOR OPPENHEIMER: Well, 10 explain the bill. And my vote, which is yes. 11 ACTING PRESIDENT BRESLIN: 12 Senator Oppenheimer, on the bill. 13 SENATOR OPPENHEIMER: This is not 14 much of a mandate, if you want to call it 15 that. It's to post in the places where this 16 dissection is going on, in the class, that the 17 parents will have, in consultation with their 18 student child, the opportunity to not do it 19 hands-on but rather to do it in another 20 method. 21 So that some children get very 22 upset with this dissection, and it's done just 23 to alert the parent that they can ask to have 24 it done through video. So it's really not 25 much of anything. Maybe it's posting a single

Candyco Transcription Service, Inc. 1 piece of paper. But I can't really call a 2 single piece of paper a mandate. 3 So I'm doing it for those children 4 that I guess are very, very squeamish and 5 cannot withstand the sight of dissection. So 6 that is the principle behind it, and I will be 7 voting yes. 8 ACTING PRESIDENT BRESLIN: 9 Senator Oppenheimer will be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 871 are 14 Senators Bonacic, DeFrancisco, Farley, 15 Flanagan, Golden, Griffo, O. Johnson, Lanza, 16 Little, Maziarz, Ranzenhofer, Robach, Saland, 17 Winner and Young. Also Senator Fuschillo. 18 Also Senator Larkin. Also Senator Nozzolio. 19 Also Senator Hannon. Also Senator Leibell. 20 Also Senator McDonald. 21 ACTING PRESIDENT BRESLIN: 22 Announce the results. 23 THE SECRETARY: Ayes, 36. Nays, 24 21. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 903, by Member of the Assembly Pheffer, 4 Assembly Print Number 10266, an act to amend 5 Chapter 176 of the Laws of 2007, amending the 6 Education Law. 7 ACTING PRESIDENT BRESLIN: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BRESLIN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT BRESLIN: 15 Announce the results. 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT BRESLIN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 921, by Member of the Assembly Latimer, 21 Assembly Print Number 10939, an act to repeal 22 Title 37 of Article 15-B of the General 23 Municipal Law. 24 ACTING PRESIDENT BRESLIN: There 25 is a home-rule message at the desk.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT BRESLIN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 954, by Senator L. Krueger, Senate Print 12 7812B, an act to amend the Penal Law. 13 ACTING PRESIDENT BRESLIN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT BRESLIN: 22 Announce the results. 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 964, by Senator Dilan, Senate Print 4478B, an 3 act to amend the Railroad Law. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT BRESLIN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1017, by Member of the Assembly John, Assembly 19 Print Number 6964, an act to amend the Labor 20 Law. 21 ACTING PRESIDENT BRESLIN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect -- 25 SENATOR SALAND: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1048, by Senator Foley, Senate Print 7427, an 5 act to authorize Peter J. Smith, a retiree 6 receiving benefits. 7 ACTING PRESIDENT BRESLIN: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BRESLIN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT BRESLIN: 15 Senator DeFrancisco, to explain his vote. 16 SENATOR DeFRANCISCO: Yes, I'm 17 going to vote no on this. 18 And I don't know Peter J. Smith or 19 anything about him, other than what's in the 20 bill memo -- that in order to allow this 21 filing, late filing or this exemption to 22 following the rules, it's going to cost the 23 State of New York, according to the bill memo, 24 $143,000. And it's my understanding that the 25 $87,000 pension this person is getting will

Candyco Transcription Service, Inc. 1 thereupon rise to over $100,000. 2 There are so many people out in our 3 community that have lost their jobs, lost 4 their pensions, lost everything. And in 5 addition, there's so many people who follow 6 the rules in the pension system and get what 7 they're entitled to under the pension system. 8 So it just seems wrong, very wrong, 9 to make a special case for someone who didn't 10 follow the rules, which will cost $143,000 so 11 that this individual can make about $13,000 12 more a year on that person's pension. 13 For those reasons, I vote no. 14 ACTING PRESIDENT BRESLIN: 15 Senator DeFrancisco will be recorded in the 16 negative. 17 Senator Foley, to explain his vote. 18 SENATOR FOLEY: Thank you, 19 Mr. President. 20 The record should clearly 21 reflect -- and this has been a common practice 22 in both houses -- that this is correcting an 23 error that had occurred through no fault of 24 this public employee. 25 We can have a great debate about

Candyco Transcription Service, Inc. 1 the fact of what pension costs are in this 2 state, and that is a very worthy and just 3 discussion and debate. But that's not the 4 issue here. 5 The issue here is that through no 6 fault of this particular public employee, 7 errors had taken place that need to be 8 corrected. So what the amount of the money is 9 is one thing. But the error did occur. And 10 we can go back over a period of decades that 11 when there is an error of paperwork through no 12 fault of the employee, we have seen scores of 13 resolutions to correct that error, whether 14 it's a dollar or whether it's a far higher 15 figure. 16 So many of us would love to join in 17 the other debate about pension costs, and we 18 should have that kind of debate. But that is 19 not at issue here. What is at issue here is 20 that an error had taken place, just as 21 virtually every member of this house has put 22 forward bills to correct errors. 23 So this is to correct that error 24 made through no fault of the public employee, 25 and corrects it. At some other point we can

Candyco Transcription Service, Inc. 1 certainly speak about pension costs, but 2 that's a different issue. That's why this 3 bill was put forward. 4 Thank you, Mr. Chairman. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Foley. 7 Senator Foley to be recorded in the 8 affirmative. 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1048 are 12 Senators Bonacic, DeFrancisco, Griffo, Hannon, 13 Larkin, Little, Maziarz, Ranzenhofer, Robach, 14 Saland, Winner and Young. 15 Ayes, 45. Nays, 12. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1078, by Member of the Assembly Cahill, 20 Assembly Print Number 7593B, an act to amend 21 the Public Service Law. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 60th day.

Candyco Transcription Service, Inc. 1 SENATOR FUSCHILLO: Lay it aside. 2 ACTING PRESIDENT BRESLIN: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1091, by Member of the Assembly Kellner, 6 Assembly Print Number 9465A, an act -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT BRESLIN: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 1099, by Member of the Assembly Schimminger, 13 Assembly Print Number 10857A, an act to amend 14 the Alcoholic Beverage Control Law. 15 SENATOR KLEIN: Lay the bill 16 aside for the day, please. 17 ACTING PRESIDENT BRESLIN: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 1103, by Senator Parker, Senate Print 7565A, 21 an act to amend the Public Service Law. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 THE SECRETARY: Section 12. This 25 act shall take effect --

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT BRESLIN: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1115, by Member of the Assembly Silver, 6 Assembly Print Number -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT BRESLIN: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 1117, by Senator Stachowski, Senate Print 13 8092, an act to amend the Insurance Law. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 SENATOR STACHOWSKI: Lay it 17 aside, please. For the day. 18 ACTING PRESIDENT BRESLIN: The 19 bill is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 1120, by Senator Klein -- 22 SENATOR KLEIN: Lay the bill 23 aside, please. 24 ACTING PRESIDENT BRESLIN: The 25 bill is laid aside.

Candyco Transcription Service, Inc. 1 Senator Klein, that completes the 2 reading of the noncontroversial calendar. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, on 5 Calendar Number 393, I would like the bill 6 laid aside, not laid aside for the day. 7 ACTING PRESIDENT BRESLIN: 8 Calendar Number 393 is laid aside. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 upon unanimous consent I ask that the roll be 12 opened for the seven bills on the 13 controversial calendar so that Senator Diaz 14 can vote on each bill. 15 ACTING PRESIDENT BRESLIN: The 16 Secretary will place Calendar Number 393 17 before the house. 18 THE SECRETARY: Calendar Number 19 393, by Senator L. Krueger, Senate Print 20 5571A, an act to amend the Education Law. 21 ACTING PRESIDENT BRESLIN: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect one year after it shall 25 have become a law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT BRESLIN: 5 Senator Diaz. 6 SENATOR DIAZ: Yes. 7 ACTING PRESIDENT BRESLIN: 8 Senator Diaz will be recorded in the 9 affirmative. 10 The roll is withdrawn, and the bill 11 is laid aside. 12 The Secretary will call Calendar 13 Number 650. 14 THE SECRETARY: Calendar Number 15 650, by Senator Duane, Senate Print 7156, an 16 act to amend the Public Health Law. 17 ACTING PRESIDENT BRESLIN: Read 18 the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect August 1, 2011. 21 ACTING PRESIDENT BRESLIN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT BRESLIN: 25 Senator Diaz.

Candyco Transcription Service, Inc. 1 SENATOR DIAZ: Yes. 2 ACTING PRESIDENT BRESLIN: 3 Senator Diaz will be recorded in the 4 affirmative. 5 The roll is withdrawn, and the bill 6 is laid aside. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 776, by Member of the Assembly Jeffries, 11 Assembly Print Number 8012, an act to amend 12 the Correction Law. 13 ACTING PRESIDENT BRESLIN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT BRESLIN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT BRESLIN: 21 Senator Diaz. 22 SENATOR DIAZ: Yes. 23 ACTING PRESIDENT BRESLIN: 24 Senator Diaz will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 The roll is withdrawn, and the bill 2 is laid aside. 3 THE SECRETARY: Calendar Number 4 861, by Senator Adams, Senate Print 7945A, an 5 act to amend the Criminal Procedure Law. 6 ACTING PRESIDENT BRESLIN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BRESLIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BRESLIN: 14 Senator Diaz. 15 SENATOR DIAZ: Yes. 16 ACTING PRESIDENT BRESLIN: 17 Senator Diaz will be recorded in the 18 affirmative. 19 The roll is withdrawn, and the bill 20 is laid aside. 21 THE SECRETARY: Calendar Number 22 1017, by Member of the Assembly John, Assembly 23 Print Number 6964, an act to amend the Labor 24 Law. 25 ACTING PRESIDENT BRESLIN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Senator Diaz. 9 SENATOR DIAZ: Yes. 10 ACTING PRESIDENT BRESLIN: 11 Senator Diaz will be recorded in the 12 affirmative. 13 The roll is withdrawn, and the bill 14 is laid aside. 15 THE SECRETARY: Calendar Number 16 1078, by Member of the Assembly Cahill, 17 Assembly Print Number 7593B, an act to amend 18 the Public Service Law. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 60th day. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Diaz. 3 SENATOR DIAZ: Yes. 4 ACTING PRESIDENT BRESLIN: 5 Senator Diaz will be recorded in the 6 affirmative. 7 The roll is withdrawn, and the bill 8 is laid aside. 9 THE SECRETARY: Calendar Number 10 1103, by Senator Parker, Senate Print 7565A, 11 an act to amend the Public Service Law. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 12. This 15 act shall take effect immediately. 16 ACTING PRESIDENT BRESLIN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Senator Diaz. 21 SENATOR DIAZ: To explain my 22 vote. 23 ACTING PRESIDENT BRESLIN: 24 Senator Diaz, to explain his vote. 25 SENATOR DIAZ: Even though

Candyco Transcription Service, Inc. 1 Senator Parker last night told me that none of 2 my bills will be passed as long as he'll be 3 here, I'm voting yes on this bill. 4 ACTING PRESIDENT BRESLIN: 5 Senator Diaz will be recorded in the 6 affirmative. 7 The roll is withdrawn, and the bill 8 is laid aside. 9 THE SECRETARY: Calendar Number 10 1120, by Senator Klein, Senate Print 8171, an 11 act to amend the Public Health Law. 12 ACTING PRESIDENT BRESLIN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect one year after it shall 16 have become a law. 17 ACTING PRESIDENT BRESLIN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT BRESLIN: 21 Senator Diaz. 22 SENATOR DIAZ: Yes. 23 ACTING PRESIDENT BRESLIN: 24 Senator Diaz will be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 The roll is withdrawn, and the bill 2 is laid aside. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 can we please stand at ease. The Minority 6 Senators are going to conference. I estimate 7 we'll return back at about 3:30. 8 ACTING PRESIDENT BRESLIN: The 9 Senate will stand at ease pending the return 10 of the Minority Conference at approximately 11 3:30. 12 (Whereupon, the Senate stood at 13 ease at 2:11 p.m.) 14 (Whereupon, the Senate reconvened 15 at 4:24 p.m.) 16 ACTING PRESIDENT BRESLIN: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, at 19 this time can we please go to a reading of the 20 controversial calendar. 21 ACTING PRESIDENT BRESLIN: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 393, by Senator L. Krueger, Senate Print 25 5571A, an act to amend the Education Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 Secretary will ring the bell. Members are 3 asked to come to the chamber for the reading 4 of the controversial calendar. 5 Are there any Senators who wish to 6 be heard? 7 Senator Padavan. 8 SENATOR PADAVAN: Is this 9 Calendar Number 393? 10 ACTING PRESIDENT BRESLIN: Yes, 11 it is, Senator Padavan. 12 SENATOR LIBOUS: S5571A. 13 SENATOR PADAVAN: I would like to 14 speak on the bill. I think I did earlier. 15 ACTING PRESIDENT BRESLIN: 16 Senator Padavan, on the bill. 17 SENATOR PADAVAN: Thank you very 18 much. 19 I hate to be redundant, but earlier 20 I pointed out that these individuals are not 21 interior decorators. An interior designer, by 22 definition, can do extensive work in any 23 building -- 24 ACTING PRESIDENT BRESLIN: May we 25 please have some order.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: They can do 2 extensive work in any building, commercial or 3 residential -- knock down walls, put up 4 partitions, some of them load-bearing 5 partitions -- work involving electrical work 6 to rewire the walls or the outlets. 7 Ventilating, heating, if ventilating ducts 8 have to be moved. There's a great deal 9 involved. 10 Now, normally, because a permit 11 would be required for that kind of extensive 12 work, in the City of New York plans have to be 13 submitted, reviewed by a plan examiner, to 14 determine whether or not that construction 15 meets the building code, which is basically a 16 fire safety code, the electrical code, and any 17 applicable ordinances. 18 Now, without licensure, I'm not 19 sure how this can be legally done. Who's 20 going to get the permit in the City of 21 New York, if it isn't an architect or an 22 engineer -- which by law it must be, to file 23 plans to get a permit. So, I mean, these are 24 questions that come to mind with regard to 25 this bill.

Candyco Transcription Service, Inc. 1 As was said earlier by Senator 2 LaValle, he was involved many years ago -- 3 20 years ago, I think he said -- in the 4 establishment of a category of licensure for 5 the interior decorators so that would give 6 them the status they needed to do the work 7 they needed. And there was a grandfathered 8 period of time, a window, for those to get in 9 on it. Now, 20 years later, as Senator 10 LaValle put it, you've now opened not only a 11 window but a barn door. 12 Now, I think basically here we're 13 dealing with public safety, public health, and 14 there has to be some level of licensure for 15 the people doing it. And we cannot be -- 16 again, I repeat what I said before, because I 17 think it's so important. I don't know how 18 you're getting around the requirements of the 19 building code in the City of New York by 20 allowing decorators who do this type of work 21 to be doing so without any level of licensure. 22 Unless, of course, they go out and 23 hire an architect or an engineer to work for 24 them to do what they're about to do. But 25 there's nothing in your bill that says that.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Krueger, on the bill. 3 SENATOR LIZ KRUEGER: Thank you 4 very much. I appreciate my colleague's 5 concerns. And I wanted to just clarify a few 6 things. 7 One, this does not permit the 8 practice of engineering or architecture by 9 persons who would be certified as interior 10 designers unless they were otherwise so 11 authorized. So there are some architects and 12 engineers who are also interior designers. 13 But becoming a certified interior 14 designer and licensed interior designer under 15 this law would not give them any authority 16 that they might not have otherwise in law. It 17 would not allow them to be a new universe of 18 people to file paperwork, as my colleague was 19 pointing out, with the City of New York as far 20 as the Department of Buildings or work 21 permits. This does not change any of that. 22 What this bill does is clarify 23 certification requirements and update 24 certification requirements to become a 25 certified interior designer requiring an

Candyco Transcription Service, Inc. 1 application with SED, at least seven years 2 professional training, academic study, work 3 experience of, with at least two but not more 4 than five of these seven years as 5 postsecondary education, have to meet 6 satisfactory definitions by the SED 7 commissioner providing regulations as such and 8 pass two examinations satisfactory to the 9 state board, with an exemption made if you 10 have at least 15 years of experience, submit 11 your documentation and your portfolio to SED. 12 Then they could decide, they could 13 decide whether they believe you had the 14 qualifications to exempt you from some of the 15 otherwise requirements, to allow the 16 grandfathering in of some people who meet the 17 criteria set by SED. 18 You have to get a license through 19 them. They can reject you for a license on a 20 grandfathering-in basis. You have to pay for 21 the license. 22 And again, just to clarify 23 something that I believe a Senator got wrong 24 earlier, this bill actually was passed by the 25 Senate, a variation of this bill, when it was

Candyco Transcription Service, Inc. 1 carried by Senator Ken LaValle in 2008, but it 2 was vetoed because of concerns by SED. 3 This bill I'm hoping we will pass 4 today is an updated version of the bill that 5 addresses the concerns of SED but in fact is a 6 bill that this house passed with almost 7 unanimous support when carried by my colleague 8 Senator LaValle back in 2008. 9 So I am hoping that now that we 10 have fixed the problems that were identified 11 by the Governor when he vetoed the bill, that 12 we might be able to pass this today. I would 13 urge a yes vote. 14 Thank you very much, Mr. President. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Krueger. 17 Are there any other Senators 18 wishing to be heard? 19 Hearing none, the debate is closed. 20 The Secretary will ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect one year after it shall 24 have become a law. 25 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: If 4 everyone could keep their hands up till a 5 tally is achieved. 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 393 are 9 Senators Alesi, Bonacic, DeFrancisco, Farley, 10 Flanagan, Fuschillo, Golden, Griffo, Hannon, 11 O. Johnson, Lanza, Larkin, LaValle, Leibell, 12 Libous, Little, Marcellino, Maziarz, McDonald, 13 Nozzolio, Padavan, Ranzenhofer, Robach, 14 Saland, Seward, Skelos, Winner and Young. 15 Absent from voting: Senator 16 Volker. Ayes, 32. Nays, 28. 17 ACTING PRESIDENT BRESLIN: The 18 bill is passed. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 650, by Senator Duane -- 23 ACTING PRESIDENT BRESLIN: 24 Senator Libous, why do you rise? 25 SENATOR LIBOUS: Was the roll

Candyco Transcription Service, Inc. 1 open on that issue for Senator Diaz? I don't 2 believe it was. I believe it was opened 3 after. 4 ACTING PRESIDENT BRESLIN: 5 Senator Libous, we opened the roll for seven 6 votes for Senator Diaz. The remaining bills 7 were laid aside, I believe. Eight, I'm sorry, 8 eight bills. 9 The Secretary will continue to 10 read. 11 THE SECRETARY: Calendar Number 12 650, by Senator Duane, Senate Print 7156, an 13 act to amend the Public Health Law. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect August 1, 2011. 18 ACTING PRESIDENT BRESLIN: Are 19 there any Senators wishing to be heard? 20 Hearing none, the debate is closed. 21 The Secretary will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: 4 Senator Duane, to explain his vote. 5 SENATOR DUANE: Thank you, 6 Mr. President. I just want to thank my 7 colleagues for proceeding with the vote on 8 this issue. 9 I want to point out that the 10 Advisory Committee on Immunization Practices 11 recommended that all persons 11 to 18 be 12 vaccinated against meningococcal disease. And 13 this legislation will take a big step towards 14 protecting children and young people, 15 particularly those who are in college, from 16 either becoming fatally ill or having a 17 permanent disability as a result of 18 contracting meningococcal. 19 Thank you, Mr. President. I'll be 20 voting in the affirmative. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Duane. 23 Senator Nozzolio, to explain his 24 vote. 25 SENATOR NOZZOLIO: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 Mr. President and my colleagues, 3 it's hard to believe that it's been 16 years 4 ago this month that I lost my godson and 5 nephew, who finished his junior year at 6 Cornell University, was aboard ship as a 7 midshipman, a naval officer training in his 8 commitment, and about to enter his senior year 9 at Cornell. He was stricken with the 10 meningococcal virus, and he did not survive. 11 Since that time I've found many 12 young people similarly afflicted in the prime 13 of their lives with this dreaded disease. 14 I urge all parents to understand 15 that vaccines are available. A number of 16 years ago we provided the colleges of this 17 state with a notice provision that the 18 bacteria is a deadly bacteria and that in 19 effect there are steps and precautions that 20 can be taken. 21 I rise because I certainly 22 understand the sponsor's desire to see a 23 mandatory vaccination process. I believe, 24 though, the steps currently should be for the 25 parents to understand the risks and make that

Candyco Transcription Service, Inc. 1 decision for them. That is why I reluctantly 2 vote against this provision, because of the 3 mandatory nature. 4 But hopefully the legislation will 5 send an appropriate signal that there is a 6 step, a precaution, that parents should be 7 aware of and that they could take. And if I 8 could take that to prevent the death of 9 Matthew Nozzolio, I certainly would have taken 10 that step. 11 Thank you, Mr. President. I 12 reluctantly vote in the negative. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Nozzolio. You will be recorded 15 in the negative. 16 Senator Oppenheimer, to explain her 17 vote. 18 SENATOR OPPENHEIMER: Well, this 19 may sound like funny statement coming from me, 20 but I really don't care what the parents think 21 on this. This is so important and so vital. 22 To think that you could lose the life of a 23 child because you didn't get them inoculated. 24 And I'm speaking as one who has had 25 meningoencephalitis. Believe me, you don't

Candyco Transcription Service, Inc. 1 want it. It's a cousin to this, and one-third 2 do survive. And knock wood, I survived. 3 But this is so horrible. It took 4 me many months, lost sight, lost hearing, lost 5 walking. I mean, you just -- if it can be 6 avoided by a simple injection, why would you 7 not do it? And I would do it irrespective of 8 what parents wanted, with the simple 9 exception, of course, of those religious 10 entities that do not accept any medical 11 treatment. 12 I'll be voting yes. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Oppenheimer. You will be 15 recorded in the affirmative. 16 Senator Hannon, to explain his 17 vote. 18 SENATOR HANNON: Thank you, 19 Mr. President. I rise in support of this 20 legislation. 21 Vaccination is part of public 22 health. And, one, while the family 23 decision-making process is very important, 24 when we deal with public health we're dealing 25 with the individual and their health and we're

Candyco Transcription Service, Inc. 1 dealing with societies. Because you're going 2 to get infected by other people, and you need 3 to be able to rely on the fact that other 4 people don't have a disease, don't have 5 something that can be communicated. 6 That's why we have vaccination, we 7 have mandatory vaccination. It's not because 8 we want to override some freedom. But we want 9 to make sure that all of society is protected. 10 And so I rise in support of this legislation. 11 Thank you. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Hannon. You will be recorded in 14 the affirmative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 650 are 18 Senators DeFrancisco, Farley, Griffo, Lanza, 19 Nozzolio and Robach. 20 Ayes, 56. Nays, 6. 21 ACTING PRESIDENT BRESLIN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 776, by Member of the Assembly Jeffries, 25 Assembly Print Number 8012, an act to amend

Candyco Transcription Service, Inc. 1 the Correction Law. 2 ACTING PRESIDENT BRESLIN: Are 3 there any Senators wishing to be heard? 4 Hearing none, debate is closed. 5 The Secretary will ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 776 are 16 Senators Alesi, Bonacic, DeFrancisco, Farley, 17 Flanagan, Fuschillo, Golden, Griffo, Hannon, 18 O. Johnson, Lanza, Larkin, LaValle, Leibell, 19 Libous, Little, Marcellino, Maziarz, McDonald, 20 Nozzolio, Padavan, Ranzenhofer, Robach, 21 Saland, Seward, Skelos, Volker, Winner and 22 Young. 23 Ayes, 32. Nays, 29. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 861, by Senator Adams, Senate Print 7945A, an 3 act to amend the Criminal Procedure Law. 4 ACTING PRESIDENT BRESLIN: Are 5 there any Senators wishing to be heard? 6 Hearing none, the debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT BRESLIN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT BRESLIN: 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 861 are 18 Senators Alesi, Bonacic, DeFrancisco, Farley, 19 Golden, Griffo, Hannon, O. Johnson, Lanza, 20 Larkin, LaValle, Leibell, Libous, Little, 21 Marcellino, Maziarz, McDonald, Nozzolio, 22 Padavan, Ranzenhofer, Robach, Saland, Seward, 23 Skelos, Volker, Winner and Young. Also 24 Senator Fuschillo. 25 Ayes, 33. Nays, 28.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1017, by Member of the Assembly John, Assembly 5 Print Number 6964, an act to amend the Labor 6 Law. 7 ACTING PRESIDENT BRESLIN: Are 8 there any Senators wishing to be heard? 9 Hearing none, debate is closed. 10 The Secretary will ring the bell. 11 Senator Saland. 12 SENATOR SALAND: Mr. President, I 13 respectfully request that the roll call be 14 withdrawn. I just have a question for Senator 15 Onorato. 16 ACTING PRESIDENT BRESLIN: The 17 roll call is withdrawn. 18 SENATOR SALAND: Thank you very 19 much, Mr. President. 20 ACTING PRESIDENT BRESLIN: 21 Senator Onorato, would you yield to a question 22 from Senator Saland? 23 SENATOR ONORATO: Yes, I will. 24 SENATOR SALAND: Senator Onorato, 25 I've read the title of the bill, which

Candyco Transcription Service, Inc. 1 provides for -- relates to unemployment 2 benefits for innocent bystanders during 3 industry controversy. And in looking at the 4 bill, I see reference to innocent bystanders. 5 Is "innocent bystander" defined somewhere in 6 statute? 7 SENATOR ONORATO: The 8 Commissioner of Labor determines that the 9 claimant (A) is not employed by an employer 10 that is involved in an industrial 11 controversy -- 12 SENATOR SALAND: I'm sorry, 13 Senator. 14 Mr. President, may I ask for a 15 little quiet? 16 ACTING PRESIDENT BRESLIN: Can we 17 have a little quiet, please. 18 Senator Onorato. 19 SENATOR ONORATO: Okay. The 20 Commissioner determines that the claimant is 21 not employed by an employer that is involved 22 in the industrial controversy that caused his 23 or her unemployment and is not participating 24 in the industrial controversy or is not in a 25 bargaining unit involved in the industrial

Candyco Transcription Service, Inc. 1 controversy that caused his or her 2 unemployment and is not a participant in the 3 industrial controversy. 4 ACTING PRESIDENT BRESLIN: 5 Senator Saland. 6 SENATOR SALAND: Thank you, 7 Mr. President. 8 Senator Onorato, if you would just 9 continue to yield. 10 ACTING PRESIDENT BRESLIN: 11 Senator Onorato, will you continue to yield 12 for another question? 13 SENATOR ONORATO: Yes, I will. 14 ACTING PRESIDENT BRESLIN: You 15 may proceed, Senator Saland. 16 SENATOR SALAND: And I know we 17 had the opportunity to discuss this briefly. 18 This is an effort to distinguish between what 19 occurs between a group of employees who may be 20 on strike and a group of employees who may be 21 affected by the strike but not necessarily 22 participating in the strike. 23 SENATOR ONORATO: Correct. 24 ACTING PRESIDENT BRESLIN: 25 Senator Saland, do you wish Senator Onorato to

Candyco Transcription Service, Inc. 1 continue to yield? 2 SENATOR SALAND: Yes, if he'll 3 continue to yield, Mr. President. 4 ACTING PRESIDENT BRESLIN: 5 Senator Onorato? 6 SENATOR ONORATO: Yes, I will. 7 SENATOR SALAND: In the one 8 instance, how would the employee who is 9 participating in the strike be affected 10 vis-a-vis eligibility for benefits and how 11 would the innocent bystander be affected? 12 SENATOR ONORATO: The employee 13 that's involved in the strike will be denied 14 unemployment insurance for seven weeks. The 15 innocent bystander who was not involved in the 16 strike would be eligible to collect it without 17 waiting the seven weeks. After two weeks, the 18 normal procedure. 19 ACTING PRESIDENT BRESLIN: 20 Senator Saland. 21 SENATOR SALAND: Thank you, 22 Mr. President. Thank you, Senator Onorato. I 23 appreciate your -- and again, the 24 determination is left to the Labor 25 Commissioner, and I won't find that in

Candyco Transcription Service, Inc. 1 definition anywhere or in case law. 2 SENATOR ONORATO: Thank you. 3 SENATOR SALAND: Thank you, 4 Mr. President. Thank you, Senator Onorato. 5 ACTING PRESIDENT BRESLIN: Are 6 there any other Senators wishing to be heard? 7 Hearing none, the debate is closed. 8 The Secretary will ring the bell. 9 SENATOR LIBOUS: Mr. President. 10 ACTING PRESIDENT BRESLIN: 11 Senator Libous. 12 SENATOR LIBOUS: While we're 13 waiting for members to come, I just want to 14 make a notation that for those members on 15 bills who want to vote no, that they need to 16 raise their hands high so that the clerk can 17 see them. I know that sometimes members, for 18 whatever reason, get tired arms and they only 19 go like this [gesturing]. 20 So if members want to be registered 21 so that the clerk can count, they need to 22 raise their hands high. 23 Thank you, Mr. President. 24 ACTING PRESIDENT BRESLIN: Thank 25 you, Senator Libous.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT BRESLIN: 8 Announce the results. 9 THE SECRETARY: Ayes, 60. Nays, 10 0. Senator Duane absent from voting. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1078, by Member of the Assembly Cahill, 15 Assembly Print Number 7593B, an act to amend 16 the Public Service Law. 17 ACTING PRESIDENT BRESLIN: 18 Senator Ranzenhofer, on the bill. 19 SENATOR RANZENHOFER: Thank you, 20 Mr. President. 21 This is an important piece of 22 legislation for people that work in my 23 district. This is about the call center and 24 about jobs at call centers. And the concern 25 that I have is for the 115 employees that work

Candyco Transcription Service, Inc. 1 in my hometown. 2 One of the things when you're 3 balancing whether or not you impose new rules 4 and regulations and whether you're going to 5 regulate business or whether you're dealing 6 with -- 7 SENATOR LIBOUS: Excuse me, 8 Senator. 9 Mr. President, there is an awful 10 lot of noise -- papers, meetings going on in 11 the back of the chamber. And I think that 12 Senator Ranzenhofer has something very 13 important to say, and I can't hear him. 14 ACTING PRESIDENT BRESLIN: Thank 15 you very much, Senator Libous. 16 Can we please have some quiet and 17 please take meetings out into the hall. 18 Thank you, Senator Ranzenhofer. 19 You may continue. 20 SENATOR RANZENHOFER: Thank you, 21 Mr. President. Thank you, Senator Libous. 22 One of the things when you're 23 balancing regulating business and whether or 24 not you're affecting the health, the safety 25 and the welfare of the general public is where

Candyco Transcription Service, Inc. 1 do you strike that balance. And in this 2 particular situation, one of the few 3 industries that's actually hiring people and 4 employing people across the state, not only in 5 my district but throughout the state, are 6 utilities. And specifically here, we're 7 dealing with the call centers. 8 Now, in looking at some of the 9 memos both in opposition and in support, one 10 of the things that they both talk about are 11 jobs and preservation of jobs. And both are 12 actually saying the same thing. 13 And the concern that I have is that 14 if we impose this regulation, you have an 15 effective date of 60 days after it passes. 16 And at some point business is going to say 17 we've got to make a decision, are we going to 18 continue doing what we're doing or are we 19 going to what a lot of companies do -- banks, 20 hospitals, medical facilities -- to voicemail, 21 the voice response units. 22 And my concern is that if this bill 23 is passed, there are going to be companies, 24 not only in my district but in districts 25 throughout the state, that are going to decide

Candyco Transcription Service, Inc. 1 this regulation, this rule is just not worth 2 it, and they're going to fire the employees 3 and going to the automatic system, which means 4 everybody's going to lose their job. So this 5 will not be a job-preservation bill, but at 6 least in my district it's going to cost 115 7 jobs. And because of that, I would urge my 8 colleagues to vote against this bill. 9 Thank you, Mr. President. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Ranzenhofer. 12 Are there any other Senators 13 wishing to be heard? 14 Hearing none, the debate is closed. 15 The Secretary will ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT BRESLIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT BRESLIN: 23 Senator Volker, to explain his vote. 24 SENATOR VOLKER: Mr. President, I 25 must explain my vote.

Candyco Transcription Service, Inc. 1 At one time some time ago, I 2 sponsored a bill very similar to this. But I 3 have to be honest with you, what's happened 4 is -- and of course this session of the 5 Legislature has been one of the worst sessions 6 the utilities have ever seen. We've passed 7 all kinds of bills here that will raise the 8 cost of utilities and then hurt the utilities 9 in general. 10 The problem here is that I have 11 information and very good information that one 12 particular utility in my region has made it 13 clear that if this bill passes and becomes 14 law, they will move out of Western New York 15 and will move into Pennsylvania, where the 16 government there is much more favorable. 17 Which is a huge problem. 18 And I'm talking not about -- when I 19 say move the utilities, I'm talking about 20 moving all their administrative jobs and all 21 the people that are directly involved. The 22 loss of jobs could be enormous. 23 So the reason that I'm voting 24 against this is that very reason, because one 25 thing we cannot afford in Western New York is

Candyco Transcription Service, Inc. 1 losing any more jobs. So I vote no. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Volker. You will be recorded in 4 the negative. 5 Senator Savino, to explain her 6 vote. 7 SENATOR SAVINO: Thank you, 8 Mr. President. 9 You know, Senator Volker, I agree 10 with you. And I also agree with Senator 11 Ranzenhofer. We can't afford to lose any more 12 jobs. 13 And the fact is the utility 14 companies, every time we try and issue a new 15 regulation that affects them, their response 16 is always that rates will rise and jobs will 17 fall. When they make a decision about moving 18 jobs out of state, it's because it's in their 19 best interest -- their best interest, not the 20 best interest of upstate New York, where the 21 majority of the call centers are. 22 What this bill will do will not 23 only require them to go before the Public 24 Service Commission prior to moving jobs out of 25 upstate New York or anywhere else, and to get

Candyco Transcription Service, Inc. 1 approval to do so, but it's going to require 2 them also to provide service to customers that 3 must be done in the state, which should not be 4 done and can't be done by an automated 5 answering system. 6 This bill is about protecting jobs. 7 The utility companies have been shifting jobs 8 out of New York State, not only to other 9 states but to other countries, all in an 10 effort to save money at the expense of 11 New York State residents. We need to keep 12 jobs here. We need to make sure the utility 13 companies are able to justify why they feel 14 the need to move jobs out of New York State. 15 I vote in favor of this bill and I 16 hope that everybody will recognize that what 17 we're doing here is protecting the jobs of 18 average New Yorkers, not the utility 19 companies. 20 Thank you. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Savino. You will be recorded in 23 the affirmative. 24 Senator Maziarz, to explain his 25 vote.

Candyco Transcription Service, Inc. 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. To explain my vote. 3 You know, many of the things that 4 Senator Savino says is correct. And the 5 things that Senator Volker said are also 6 correct. I have voted for this bill I think 7 on two different occasions. I believe that 8 two different governors have vetoed this 9 legislation. I almost suspect that this 10 version may suffer the same fate. 11 But the reality is, the reality is 12 that Senator Ranzenhofer and Senator Volker 13 are correct. National Fuel has informed us 14 that given that 60-day window that they have, 15 they are going to close this call center in -- 16 I think it's in Amherst or just outside of 17 Buffalo. And it's going to be another 18 hundred-plus people or in Western New York 19 that will lose good-paying jobs. And Western 20 New York can't suffer that kind of a hit 21 anymore. 22 Mr. President, I vote in the 23 negative. 24 ACTING PRESIDENT BRESLIN: Thank 25 you, Senator Maziarz. You will be recorded in

Candyco Transcription Service, Inc. 1 the negative. 2 Senator Ranzenhofer, to explain his 3 vote. 4 SENATOR RANZENHOFER: Thank you. 5 One of the comments that was made 6 is that companies always make threats. Well, 7 let me just give you a little history about 8 this particular situation. And I saw Senator 9 Thompson in the chamber earlier, and he knows 10 that this will not be an idle threat. 11 About eight years ago, this company 12 was located in the city of Buffalo, right 13 downtown, right at the corner of Main and 14 Court Streets. Great jobs in the city. The 15 city wanted to dictate where they were going 16 to be within the city. The company said, 17 Well, you can't, and they took well over 500 18 jobs out of the city of Buffalo, which needed 19 them, into my district. I'm happy that they 20 did that. 21 But you can't -- you know, you 22 can't regulate things like this. When they 23 were deciding where to go, they were deciding 24 between Amherst, Orchard Park, and Erie, 25 Pennsylvania, all of which they have pretty

Candyco Transcription Service, Inc. 1 substantial areas. 2 So this is not a situation where 3 this is an idle situation, this is something 4 that may happen. If they say that this is 5 going to happen, the history shows that 6 they've done it before. And again, you know, 7 this is one of the things that's just killing 8 us all across the state, but especially in 9 Western New York. 10 These are good-paying jobs. If you 11 want to replace them with machines -- this is 12 not the way to go. If you want to keep these 13 jobs in Western New York, I would ask you to 14 vote against this bill. Thank you. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Ranzenhofer. You will be 17 recorded in the negative. 18 Senator Schneiderman, to explain 19 his vote. 20 SENATOR SCHNEIDERMAN: Yes, thank 21 you, Mr. President, I rise in support of this 22 bill. And I've got to say, in the case of 23 this particular litigation, I understand all 24 of these sort of ideological arguments about 25 imposing burdens on businesses, and sometimes

Candyco Transcription Service, Inc. 1 they're true. We're talking about gas and 2 electric utility corporations. Someone is 3 going to take advantage of the market for gas 4 and electricity in New York State and provide 5 services. 6 All this bill says -- this is not 7 like a company that can flee. Someone is 8 going to provide the services. And this just 9 says that when you call up because you have an 10 emergency or you need information, the call 11 center should stay in New York. If they're 12 going to move it out, they've got to have a 13 hearing. 14 This is an entirely reasonable 15 piece of legislation. There's really no way 16 this can drive jobs away just because of the 17 way the bill is drafted and the circumstances 18 of a gas and electric utility. There are some 19 businesses that have to stay put. This is 20 one. 21 And, you know, if some company 22 decides they're going to leave, somebody else 23 is going to move in to provide these services 24 because there's a good market, there's money 25 to be made, and that's why capitalism is

Candyco Transcription Service, Inc. 1 wonderful. This just ensures that New Yorkers 2 keep some of the jobs that these businesses 3 provide. 4 Thank you, Mr. President. I vote 5 yes. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Schneiderman. You will be 8 recorded in the affirmative. 9 Senator Libous, to explain his 10 vote. 11 SENATOR LIBOUS: Thank you, 12 Mr. President. 13 I'm going to support this bill. I 14 had a bill similar to this a couple of years 15 ago. And I understand where my colleagues are 16 coming from, and I understand where the 17 utility companies are coming from. But I 18 still think that what I've seen in my district 19 is a company that continues to shrink and 20 shrink and shrink and continues to move their 21 call center operation to other places other 22 than New York. 23 The issue in this state, 24 Mr. President, is not that this bill is going 25 to put anybody out of business. The reason

Candyco Transcription Service, Inc. 1 why the utilities are having problems are 2 because of a prevailing rate bill we passed 3 the other day. That's why they're having 4 problems. Because taxes keep going up in this 5 state, that's why they're having problems. 6 Because government regulation on business 7 continues to grow. 8 I mean, let's be honest with 9 ourselves. Certainly we can sit here and 10 guess and pontificate both ways -- yes, 11 they're going to leave -- but they're leaving 12 because they're being taxed out of the state 13 and overregulated. 14 This bill will at least hopefully 15 stabilize what few jobs that are left in my 16 district. So I have to vote yes on behalf of 17 the people who work in my call center, who are 18 left in my call center, because I want to 19 preserve every job I can in my district. 20 I vote aye. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Libous. You will be recorded in 23 the affirmative. 24 Senator DeFrancisco, to explain his 25 vote.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: I don't 2 quite understand why, when we have the 3 representatives from that area warning that 4 this is an absolute clear event that's going 5 to happen, the loss of 115 jobs in Western 6 New York, that people from other areas of the 7 state that aren't going to be directly 8 affected know better. I just don't get it. 9 I don't know why we're playing 10 chicken with the utility company when the only 11 remedy is, if this bill passes, that people, 12 before they close a call center, they have to 13 have notice and the commission has to have a 14 hearing. On what? To justify why they don't 15 want the call center anymore? So what does 16 that do? You mean the utility can't come up 17 with reasons like it costs too much? So we go 18 through a process, a needless process to come 19 to the same result? 20 Weighed against that is the loss of 21 115 jobs by the people who represent that 22 district. We pass so many bills for the 23 New York City area, or New York City, 24 willy-nilly because, well, the legislators 25 probably know better about what's going on in

Candyco Transcription Service, Inc. 1 their district. 2 So for that reason, I'm relying on 3 the people from that district to understand 4 their district and know whether this threat is 5 real or not. And I hope we don't have to come 6 back here and say, Look, they said they were 7 going to do it, they did it, we lost another 8 115 jobs, and therefore we're in worse shape 9 than we were before this bill passed. 10 So I'm going to vote no for that 11 reason. Thank you. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator DeFrancisco. You will be 14 recorded in the negative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1078 are 18 Senators Alesi, DeFrancisco, Golden, Little, 19 Maziarz, Ranzenhofer, Volker, Winner and 20 Senator Young. Also Senator Nozzolio. Also 21 Senator Saland. 22 Ayes, 50. Nays, 11. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1103, by Senator Parker, Senate Print 7565A, 2 an act to amend the Public Service Law. 3 SENATOR LIBOUS: Explanation. 4 ACTING PRESIDENT BRESLIN: 5 Senator Parker, an explanation has been 6 requested by Senator Libous. 7 SENATOR PARKER: Senator Libous, 8 the Green Jobs, Green New York on-bill finance 9 bill is the second part of a bill that was 10 passed last year as a major jobs bill. It was 11 important because this bill is going to create 12 60,000 new jobs across the State of New York 13 and will raise about $5 billion in capital 14 improvements for New York homes without ever 15 touching the state budget. 16 And so the first piece, again, we 17 did last year was securitizing some of the 18 RGGI money to develop a program. The second 19 piece, the on-bill finance piece, is an 20 ability for us to make the program more 21 accessible to New Yorkers throughout the state 22 who need this. 23 As many of us know, we have some of 24 the leakiest and most energy-inefficient homes 25 in the entire country. And so it is important

Candyco Transcription Service, Inc. 1 that we fully implement the Green Power Jobs 2 program because what it does, it does three 3 things. One, it produces jobs throughout the 4 state. Second, it retrofits buildings and 5 makes those buildings more energy-efficient. 6 And third, by doing so, we all as New Yorkers 7 lower our carbon footprint and become better 8 stewards of our state's natural resources and 9 particularly our environment and ecology. 10 You know, we're wasting, again, a 11 lot of money on energy that's being 12 essentially literally going out the doors and 13 the windows of people's homes. This bill in 14 particular will allow consumers to take their 15 improvement, add it to the cost of their 16 energy bill, and pay it off incrementally over 17 time without having to find sources of funding 18 outside of the program. 19 So that's what the program does. 20 SENATOR LIBOUS: Mr. President. 21 ACTING PRESIDENT BRESLIN: 22 Senator Libous. 23 SENATOR LIBOUS: Would Senator 24 Parker yield to a few questions? 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Parker, will you yield for a few 2 questions from Senator Libous? 3 SENATOR PARKER: I'll yield for 4 Senator Libous. 5 ACTING PRESIDENT BRESLIN: You 6 may proceed, Senator. 7 SENATOR LIBOUS: Thank you, 8 Senator. Thank you, Mr. President. 9 Senator, you referenced an earlier 10 version. Was that the jobs bill that was 11 passed about a year ago in this chamber? 12 SENATOR PARKER: Yes, sir. 13 SENATOR LIBOUS: And at that time 14 I heard that it was going to create 60,000 15 jobs. Is it now going to create 120,000 jobs, 16 or is this the same 60,000 jobs that I heard a 17 year ago? 18 SENATOR PARKER: Senator Libous, 19 we're still talking about the same 60,000 20 jobs. And the 60,000 jobs weren't immediate 21 from the time that the bill was passed. 22 Actually, NYSERDA is still working on the 23 regs. This is the second part that in fact 24 actually makes that possible by making access 25 to financing easier for your constituents and

Candyco Transcription Service, Inc. 1 mine. 2 ACTING PRESIDENT BRESLIN: 3 Senator Libous. 4 SENATOR LIBOUS: Will he continue 5 to yield? 6 SENATOR PARKER: I do continue to 7 yield for Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Senator. Mr. President, so I guess what the 10 Senator is telling me is that no jobs have 11 been created yet in a year, that this is the 12 second part that needs to be put forward for 13 NYSERDA before any jobs can be created? Or 14 have there -- I guess it's a two-part 15 question, Senator. Let me just ask, have 16 there been any jobs created since the last 17 bill was passed? 18 ACTING PRESIDENT BRESLIN: 19 Senator Parker. 20 SENATOR PARKER: Since the last 21 bill was passed, I'm not actually quite sure 22 about that. I know that that program is 23 beginning to be implemented. We are still 24 waiting for NYSERDA to promulgate regulations 25 for the program for it to be fully

Candyco Transcription Service, Inc. 1 implemented. So if there are any jobs, I 2 would expect that there's not been many 3 created to this point. 4 But certainly the passage of this 5 legislation will help ramp that up. Because 6 once the program is actually promulgated and 7 regulated, we can then have an on-bill finance 8 program that allows consumers to get financing 9 through the utility companies and be able to 10 pay that finance back easily through the 11 utilities. 12 SENATOR LIBOUS: Mr. President, 13 would Senator Parker continue to yield? 14 ACTING PRESIDENT BRESLIN: 15 Senator Parker, do you continue to yield? 16 SENATOR PARKER: I do continue to 17 yield. 18 ACTING PRESIDENT BRESLIN: 19 Senator Libous. 20 SENATOR LIBOUS: Senator Parker, 21 do you know is there a timetable for these 22 60,000 jobs? In other words, let's assume 23 that as you stated, Senator Parker -- and I 24 appreciate that, that you don't believe, at 25 least right now, any jobs have been created.

Candyco Transcription Service, Inc. 1 But let's assume from this point forward if 2 the bill is to pass today and go to the 3 Governor, how long before these 60,000 jobs 4 will be created? Will they be created in 5 increments of 5,000, 10,000? I'm just kind of 6 curious. Is there a timetable? 7 SENATOR PARKER: Senator 8 Libous -- through you, Mr. President -- there 9 is a timetable. And that timetable is over 10 the course of three to five years. And you're 11 looking somewhere about 10,000 jobs per year. 12 ACTING PRESIDENT BRESLIN: 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. Would the Senator continue to 16 yield? 17 ACTING PRESIDENT BRESLIN: Do you 18 continue to yield, Senator Parker? 19 SENATOR PARKER: I do continue to 20 yield. 21 ACTING PRESIDENT BRESLIN: You 22 may proceed, Senator Libous. 23 SENATOR LIBOUS: I appreciate 24 that, Senator. Thank you. 25 These jobs that would be created

Candyco Transcription Service, Inc. 1 over three to five years, is there a 2 geographic breakdown as to where these jobs 3 might be created? 4 ACTING PRESIDENT BRESLIN: 5 Senator Parker. 6 SENATOR PARKER: There is a 7 geographic breakdown. In the State of 8 New York, from Brookhaven from Brooklyn, from 9 Brooklyn to Albany, from Albany to Buffalo, we 10 expect to see jobs created. 11 SENATOR LIBOUS: Senator Libous. 12 SENATOR PARKER: Oh, and 13 Binghamton too. 14 SENATOR LIBOUS: Would the 15 Senator Parker continue to yield. 16 ACTING PRESIDENT BRESLIN: 17 Senator Parker, do you continue to yield? 18 SENATOR PARKER: Yes, I do 19 continue to yield. 20 ACTING PRESIDENT BRESLIN: 21 Senator Libous. 22 SENATOR LIBOUS: Senator, I 23 appreciate your enthusiasm. But as you 24 mentioned in the end the "B" word, Binghamton, 25 I am certainly, as a representative of the

Candyco Transcription Service, Inc. 1 Southern Tier -- three counties, to be exact; 2 Broome, Tioga and Chenango -- I'm a little 3 selfish in wondering what is the forecast in 4 the number of jobs over the three to five 5 years for my three counties. Would you know 6 that? 7 SENATOR PARKER: Through you, 8 Mr. President, I don't have that specific 9 information, but I will get it to you 10 posthaste. I expect that it will be 11 proportional to the amount of people who 12 actually need retrofits in those parts of the 13 world. 14 When you look at, you know, where 15 communities are going to be actually producing 16 jobs, it's going to be a function of really 17 two factors, one of which is where homes 18 actually need retrofits. So in parts of the 19 state -- and I don't necessarily know where 20 these specific places are -- but in parts of 21 the state where you have older homes, you're 22 going to have more retrofits in those areas 23 and thus, you know, produce more jobs, you 24 know, in proportion to the number of retrofits 25 that you're doing.

Candyco Transcription Service, Inc. 1 In places that have newer 2 communities, you're going to have less 3 retrofits because these newer communities have 4 more energy-efficient homes and they'll need 5 less retrofitting, if any at all, and you'll 6 produce less jobs in those areas. 7 And so in an area like yours -- 8 well, I know you live in a brand-new house so 9 your house probably is not going to need a lot 10 of retrofitting. But for some of us who live 11 in older, more historic buildings, we night 12 need more retrofitting. But I know that you 13 probably have neighbors that run the gamut, 14 you know, from new communities -- in those 15 three counties that you mentioned, they 16 probably run the gamut from some newly 17 communities that are probably already fairly 18 energy-efficient to some older communities 19 that are probably going to need more work. 20 And again, it will be dependent on 21 people's interest and accessibility to the 22 program. If we pass this bill today, that 23 will be a first step to people getting on-bill 24 finance. And so those folks who have more 25 historic homes, who need more retrofitting,

Candyco Transcription Service, Inc. 1 they will be easily able to get that vis-a-vis 2 their utility companies. 3 ACTING PRESIDENT BRESLIN: 4 Senator Libous. 5 SENATOR LIBOUS: Senator, would 6 you yield for one more question? 7 ACTING PRESIDENT BRESLIN: Will 8 you yield to one more question, Senator 9 Parker? 10 SENATOR PARKER: Through you, 11 Mr. President, absolutely. 12 SENATOR LIBOUS: And again, just 13 for the record, Senator, I live in a condo 14 that was built in 1960. 15 Having said that, when you say 16 retrofitting, I guess I'm a little -- what 17 kind of jobs would we be creating? I don't -- 18 I know what the word "retrofitting" means, but 19 what are we retrofitting? 20 SENATOR PARKER: Through you, 21 Mr. President. So the process that this bill 22 actually helps in terms of creating 23 green-collar jobs actually runs the gamut 24 from, you know, carpentry through, you know, 25 actually science and technology.

Candyco Transcription Service, Inc. 1 And specifically what you'll need 2 people to do, and I'll walk you through the 3 process -- and I didn't realize that your 4 home -- it's in great shape for a condo built 5 in 1960, by the way. But, you know, if we go 6 into your home, the first thing that happens 7 when you call the program, they bring somebody 8 in to do an assessment. We're going to need 9 more people to do assessments because there's, 10 you know, a lot of homes that need 11 assessments. And we don't have nearly enough 12 people doing energy-efficiency assessments 13 right now, and so that will be one type of job 14 that will be created. 15 Once an assessment is done, you 16 will be given options on the kinds of 17 retrofits that are available to you and the 18 kinds of things -- you may need a new boiler. 19 You might need a new hot water heater. You 20 may need insulation. You might need your 21 byways and throughways sealed. You might need 22 energy-efficient lighting. You might need a 23 new roof. You might decide, in the context of 24 that retrofitting, to add solar or solar 25 voltaic panels or a wind turbine.

Candyco Transcription Service, Inc. 1 And so each type of those kinds of 2 work will require jobs to be created vis-a-vis 3 contractors who will be independently 4 contracted to come in, certified through 5 NYSERDA to do that work on your home. You may 6 need your windows changed, right. And so, 7 again, they'll have contractors that come in, 8 and those contractors will hire people in your 9 community, because more likely there will be 10 contractors in Binghamton who are licensed and 11 certified vis-a-vis NYSERDA to in fact do that 12 work, and that will create another type of 13 job. 14 The more that we do this, the 15 materials that we're using is going to create 16 a secondary source of jobs. Because, again, 17 if we're putting in a lot of windows, we're 18 going to need to manufacture windows. So 19 window manufacturers in New York State will 20 see an increase in their business, and they 21 will hire people. We'll have more solar 22 voltaic panels being created. We'll have more 23 wind turbines. And that will in fact spur the 24 green-collar jobs that we need, everything 25 from science to look at how we make silicone

Candyco Transcription Service, Inc. 1 more efficient down to the evaluation of homes 2 to see the proper work that needs to be done 3 in those homes. So when we talk about the 4 jobs, they will run the gamut. 5 ACTING PRESIDENT BRESLIN: 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. Thank you, Senator. 9 ACTING PRESIDENT BRESLIN: 10 Senator Bonacic. 11 SENATOR BONACIC: Thank you. 12 Would Senator Parker yield for a couple of 13 questions? 14 ACTING PRESIDENT BRESLIN: Senat 15 or Parker, would you yield to a couple of 16 questions from Senator Bonacic? 17 SENATOR PARKER: Yes. For 18 Senator Bonacic, absolutely. 19 SENATOR BONACIC: Senator Parker, 20 I just want to get familiar with how the 21 process works if I'm a homeowner. The energy 22 assessment individual comes in, he makes 23 recommendations. For the sake of discussion, 24 let's say there's $20,000 of suggested energy 25 improvements. Okay?

Candyco Transcription Service, Inc. 1 Now, I don't have -- I'm a 2 homeowner. I don't have the $20,000 in the 3 bank. So do I then make an application to the 4 utility company to get the 20,000? That would 5 be my first question. 6 ACTING PRESIDENT BRESLIN: 7 Senator Parker. 8 SENATOR PARKER: Senator Bonacic, 9 you can actually access the program vis-a-vis 10 your utility company. And the application is 11 actually not to the utility company, you're 12 actually applying to NYSERDA, but through the 13 utility company. 14 Or, if you're a homeowner -- you 15 could do this even now, at this moment. 16 Right? When we leave this chamber, you can 17 actually get on the phone -- well, it's 18 probably after-hours now. I don't know how 19 late NYSERDA is staying. But Frank Murray 20 works hard. So, you know, you could actually 21 call NYSERDA, get Frank Murray on the phone, 22 and he would actually -- no, he wouldn't do 23 it, he'll send you to somebody. But you would 24 actually get somebody to do an evaluation for 25 you first. They'll say it's $25,000, and you

Candyco Transcription Service, Inc. 1 could apply directly to them for financing or 2 through a local lender. 3 So in the mid-Hudson Valley, there 4 might be some community lenders. I know in 5 Brooklyn, for instance, NHS, Neighborhood 6 Housing Service, which is very active in the 7 full-cycle lending model around home ownership 8 and development, they provide financing. We 9 have a couple of small banks that provide 10 financing for these kind of NYSERDA projects. 11 And so you would either apply 12 vis-a-vis the utility company or you could do 13 it directly to NYSERDA. 14 SENATOR BONACIC: Okay. Would 15 you continue to yield for another question? 16 SENATOR PARKER: I will, 17 Mr. President. 18 ACTING PRESIDENT BRESLIN: 19 Senator Parker will continue to yield. 20 Proceed. 21 SENATOR BONACIC: Assume that I 22 can't get bank loans, for whatever reason. 23 Could I then get the loan from the utility 24 company? Would they have to give it to me if 25 I wanted to make these energy improvements?

Candyco Transcription Service, Inc. 1 SENATOR PARKER: No. And 2 actually a utility company is actually not -- 3 in many cases the utility companies are not 4 providing the actual direct financing. The 5 financing is actually being provided by 6 NYSERDA through a third-party lender, and it 7 is being billed through the utility. So the 8 money that you're paying is actually not going 9 to the utility company, it's actually going to 10 the lender. 11 SENATOR BONACIC: Okay. Would 12 you continue to yield for another question? 13 SENATOR PARKER: I will continue 14 to yield. 15 ACTING PRESIDENT BRESLIN: You 16 may proceed. 17 SENATOR BONACIC: Okay. I get 18 the 20,000 from NYSERDA. The utility company 19 is the conduit through which I pay. Okay? 20 SENATOR PARKER: Yes. 21 SENATOR BONACIC: I assume it's a 22 monthly fee that's amortized over a period, 23 just like any other loan. 24 SENATOR PARKER: Correct. 25 SENATOR BONACIC: Now, if I can't

Candyco Transcription Service, Inc. 1 pay that monthly expense -- I run into 2 trouble, I become unemployed, I get disabled, 3 whatever -- would my meter be shut off because 4 it's tied into my gas and electric meter? 5 SENATOR PARKER: What would 6 happen is that you would actually have an 7 opportunity to negotiate your bill through the 8 utility company. And the utility company 9 would be actually authorized to negotiate both 10 your energy bill and the loan amount, to make 11 sure that you were able to be accommodated. 12 SENATOR BONACIC: Okay. Would 13 you continue to yield for another question? 14 SENATOR PARKER: Yes. 15 SENATOR BONACIC: What's throwing 16 me off is a little bit is you said NYSERDA was 17 the grantor of the loan, the utility company 18 was the conduit to collect the monthly 19 payments, but now the utility company is like 20 a co-lender that they can negotiate the rate. 21 So with, you know, a reduced rate to help that 22 homeowner. 23 So is that true, in your 24 understanding of the legislation? 25 SENATOR PARKER: Through you,

Candyco Transcription Service, Inc. 1 Mr. President. Senator Bonacic, let me give 2 you a little bit of clarity, because this is 3 rather complicated. You're actually not 4 getting the loan from NYSERDA. The loan is 5 actually coming -- you're getting the 6 subsidies from NYSERDA, but you're getting the 7 loan through a third-party lender. It could 8 be a bank, it could be through a 9 micro-revolving loan program for this kind of 10 service. 11 Again, in New York City, I know 12 Neighborhood Housing Service of New York City 13 does it under some other organizations that 14 provide it. So you would actually be getting 15 the loan through them. The loan would 16 actually be -- would originate from them. And 17 then again, if you had a problem, you know, 18 the utility company would not lose its ability 19 to create an accommodation for you in the same 20 way -- and not necessarily around the rate, 21 but an accommodation around the payments. 22 ACTING PRESIDENT BRESLIN: 23 Senator Bonacic. 24 SENATOR BONACIC: Would you 25 continue to yield for another question?

Candyco Transcription Service, Inc. 1 SENATOR PARKER: I will continue 2 to yield. 3 ACTING PRESIDENT BRESLIN: 4 Proceed. 5 SENATOR BONACIC: Okay. But the 6 utility company would have the power -- not 7 literally -- to terminate your service if you 8 didn't keep up the monthly payment that was 9 owed for the energy improvements. 10 SENATOR PARKER: Correct. 11 SENATOR BONACIC: Okay. Is there 12 a -- I'm thinking of the subprime mortgages 13 where we were giving money out to people we 14 didn't do real credit checks for. Is there 15 any standards for which a homeowner could be 16 refused a loan to make energy improvements? 17 Or is there something in this legislation that 18 says they can access capital for energy 19 improvements regardless of their credit 20 standing? 21 ACTING PRESIDENT BRESLIN: 22 Senator Parker. 23 SENATOR PARKER: Through you, 24 Mr. President, yes, there is. You have to 25 actually meet the standards for both the

Candyco Transcription Service, Inc. 1 utility and the organization. 2 So again, whoever is giving you, 3 whether it was a bank or whether it was 4 another kind of third-party lender -- it might 5 be, again, a micro-revolving loan fund -- they 6 have standards, and you would actually have to 7 be approved for the loan just like you're 8 approved for a loan in any other 9 circumstances. 10 SENATOR BONACIC: Okay, that's 11 helpful. I have one other question. 12 ACTING PRESIDENT BRESLIN: One 13 more question, Senator Parker. Do you yield? 14 SENATOR PARKER: I would actually 15 yield for Senator Bonacic. 16 SENATOR BONACIC: Okay. So I'm 17 back to the $20,000 loan, I'm making my 18 payments, and I get in trouble after three 19 years and I can't do it. I guess where I want 20 to go with this is if I cannot continue to 21 make the payments, I have to choose between 22 paying my mortgage or paying my utility 23 company, because I don't want the utility to 24 be shut off, so I let the bank -- I let that 25 slide, I pay the utility company.

Candyco Transcription Service, Inc. 1 At any time if the bank had to 2 foreclose or someone else would come and buy 3 the property, is this a lien on the house, the 4 rest of the money that's owed for the energy 5 improvements? So under my example, if I pay 6 three grand off, I still owe 17. What is the 7 status of the 17 grand, if you know? 8 ACTING PRESIDENT BRESLIN: 9 Senator Parker. 10 SENATOR PARKER: It actually 11 depends on the type of lean that you get. You 12 actually, Senator Bonacic, knowing your 13 credit, 900, you could probably get an 14 unsecured loan for the 20 grand. And so in 15 that case it would be up to, again, between 16 you and the lender. So you might wind up with 17 somebody. My credit, which is like 430, I 18 would probably have a lien. Mine would 19 probably be set up as a second mortgage. 20 Right? 21 So in some cases you actually have 22 the loan as a second mortgage or sometimes a 23 third mortgage on the home. And so it 24 actually depends on the individual 25 circumstance and how that loan is set up.

Candyco Transcription Service, Inc. 1 But let me just address what I 2 think that you're trying to get at, if I may, 3 which is the idea of what can happen. And I 4 just want to assure you and the members of 5 this chamber that this is a very real and very 6 substantive concern. 7 But that in the bill we have 8 provided a great deal of flexibility for 9 utility companies to negotiate with homeowners 10 regarding both the utility portion of the bill 11 and the energy improvement portion of the 12 bill. They're able to give rebates, they're 13 able to do some recalculations, they're able 14 to create level billing plans to be 15 recalculated. They have to have deferred 16 payment plans. 17 But also, remember that this 18 actually winds up being a benefit to people's 19 homes, not just an expense. Most people 20 actually pay off -- they've actually saved in 21 energy costs the amount of money that they put 22 in somewhere between three and four years. So 23 in three years, you know, you would probably 24 have saved in energy savings that $20,000. 25 So in many cases -- let's say you

Candyco Transcription Service, Inc. 1 have a $50 bill. This doesn't necessarily 2 mean that your bill is going to go up to $100. 3 This may mean that your bill goes up to maybe 4 $60 or $55. Because even though you're adding 5 a significant amount more money from the loan, 6 you're actually saving almost a proportionate 7 amount vis-a-vis the energy savings. 8 SENATOR BONACIC: Senator Parker 9 is doing such a good job, I'd like to ask him 10 another question. 11 SENATOR PARKER: Absolutely. 12 ACTING PRESIDENT BRESLIN: You 13 may proceed, Senator Bonacic. 14 SENATOR BONACIC: Back to my 15 example, I owe $17,000 left on this energy 16 improvement. If I sell the home, does the new 17 buyer have to assume that indebtedness? Is it 18 treated like an assessment? 19 SENATOR PARKER: Through you, 20 Mr. President. Yes, the loan stays with the 21 house, not with the person. 22 SENATOR BONACIC: Okay. Another 23 question, if I may. 24 SENATOR PARKER: It's very 25 similar to what happens now when you have a

Candyco Transcription Service, Inc. 1 new line added to your home. 2 SENATOR BONACIC: Okay. I'm 3 going to ask you two questions now. In terms 4 of bankruptcy, is that indebtedness of $17,000 5 dischargeable? That's question one. 6 In case of a foreclosure, if it's 7 an unsecured creditor, because I didn't get a 8 second mortgage, does that get wiped out? 9 There are really two questions there. If you 10 know. The bankruptcy, foreclosure, unsecured 11 loan. 12 SENATOR PARKER: The first 13 question, the answer is yes. The second 14 question is I'm not sure but I will find out 15 for you. 16 SENATOR BONACIC: Thank you very 17 much, Senator Parker. 18 SENATOR PARKER: Thank you. 19 ACTING PRESIDENT BRESLIN: 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: Yes, would 22 Senator Parker yield to a couple of questions? 23 ACTING PRESIDENT BRESLIN: Do you 24 yield for a couple of questions, Senator 25 Parker, to Senator DeFrancisco?

Candyco Transcription Service, Inc. 1 SENATOR PARKER: Yes, I will. 2 SENATOR DeFRANCISCO: Senator 3 Parker, the bill provides in Section 66(M) 4 that "The commission shall require electric 5 and gas corporations to file tariffs to 6 provide for billing and collection of Green 7 Jobs, Green New York on-bill charges." What 8 is a tariff? What does that mean? 9 SENATOR PARKER: Senator 10 DeFrancisco, in this particular case "tariff" 11 just refers to charges. 12 SENATOR DeFRANCISCO: So the 13 commission shall require electric and gas 14 corporations to file tariffs. So that means 15 the commission shall require electric and gas 16 companies to file charges? 17 SENATOR PARKER: Essentially, my 18 understanding is that this section allows the 19 utility companies to actually give them 20 actually express permission to charge 21 homeowners for the Green Jobs program. 22 SENATOR DeFRANCISCO: Would 23 Senator Parker yield to another question. 24 ACTING PRESIDENT BRESLIN: Do you 25 yield to another question, Senator Parker?

Candyco Transcription Service, Inc. 1 SENATOR PARKER: Through you, 2 Mr. President, yes. 3 SENATOR DeFRANCISCO: Now, so the 4 utility companies are not required to loan the 5 money, they're just required to provide a 6 vehicle for the collection of the monthly 7 payments through the utility bill of a loan 8 that's being gotten from some other source; 9 correct? 10 SENATOR PARKER: Through you, 11 Mr. President, correct. 12 ACTING PRESIDENT BRESLIN: 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Would you 15 yield to another question? 16 ACTING PRESIDENT BRESLIN: Will 17 you yield? 18 SENATOR PARKER: Yes, I will. 19 ACTING PRESIDENT BRESLIN: You 20 may proceed, Senator DeFrancisco. 21 SENATOR DeFRANCISCO: All right. 22 And the way this bill reads -- that same 23 section, I'm going on -- "to collect payment 24 of obligations to NYSERDA Retrofit Investment 25 Fund," do I take that to mean that the lender

Candyco Transcription Service, Inc. 1 in these types of cases that the utilities are 2 required to collect the monthly charges on are 3 only those loans that come from NYSERDA? 4 SENATOR PARKER: Through you, 5 Mr. President, yes. 6 SENATOR DeFRANCISCO: Okay so if 7 I can ask you another question along the lines 8 of -- 9 ACTING PRESIDENT BRESLIN: Senat 10 or Parker? 11 SENATOR PARKER: I do yield. 12 ACTING PRESIDENT BRESLIN: You 13 may proceed. 14 SENATOR DeFRANCISCO: -- of 15 Senator Bonacic, does NYSERDA -- I didn't find 16 it in the bill -- does NYSERDA have certain 17 requirements that they must loan money to 18 various people? 19 SENATOR PARKER: Through you, 20 Mr. President, no. They're not required, they 21 actually do have some -- they're actually 22 promulgating those regulations now, so I can't 23 tell you what the standards are because they 24 have not been released yet. But there is in 25 fact a standard being developed by NYSERDA to

Candyco Transcription Service, Inc. 1 guide the loan process. 2 SENATOR DeFRANCISCO: And would 3 Senator Parker continue to yield. 4 ACTING PRESIDENT BRESLIN: Do you 5 continue to yield to Senator DeFrancisco? 6 SENATOR PARKER: Yes, I do. 7 ACTING PRESIDENT BRESLIN: You 8 may proceed. 9 SENATOR DeFRANCISCO: So that I 10 can read it, is that somewhere in this bill, 11 what NYSERDA's obligations are with respect to 12 the loans? 13 SENATOR PARKER: Through you, 14 Mr. President, it's actually going to be part 15 of the regulations that they're promulgating 16 now. 17 ACTING PRESIDENT BRESLIN: 18 Senator DeFrancisco. 19 SENATOR DeFRANCISCO: Would 20 Senator Parker yield to another question. 21 SENATOR PARKER: Yes, I will. 22 ACTING PRESIDENT BRESLIN: Yes, 23 he will. You may proceed. 24 SENATOR DeFRANCISCO: So by 25 voting for this bill we don't have any idea of

Candyco Transcription Service, Inc. 1 what NYSERDA is going to be required to do, 2 it's totally up to NYSERDA as far as how they 3 will loan money. Is that true? 4 SENATOR PARKER: Through you, 5 Mr. President, yes. 6 SENATOR DeFRANCISCO: Okay, thank 7 you. And one last area. Would you yield to 8 another question? 9 SENATOR PARKER: I will yield. 10 ACTING PRESIDENT BRESLIN: 11 Senator Parker will yield. 12 SENATOR DeFRANCISCO: According 13 to one section of this bill, and I can give 14 you the section if I can figure it out -- I 15 think it's Section 66(M)2(b) -- it says that 16 "The Green Jobs, Green New York on-bill 17 charges for any services provided at the 18 customer's premises shall survive changes in 19 ownership or utility account responsibility, 20 with arrears at the time of the meter 21 closure." 22 So if I can't pay my bill -- I'm a 23 customer -- for whatever reason, and I can't 24 negotiate anything because I have no job, I 25 have no money, so they don't want to negotiate

Candyco Transcription Service, Inc. 1 with somebody who doesn't have anything, under 2 those circumstances if the person had to leave 3 the home, it would be the responsibility of 4 the next owner to pay the balance of that 5 loan; correct? 6 SENATOR PARKER: Through you, 7 Mr. President. One, I somewhat don't accept 8 the notion that even if you don't have a job 9 that they won't negotiate with you. I think 10 there's lots of options they have, including 11 deferments. And so I think there's always a 12 way to negotiate. 13 And so we're not tying the 14 utilities' hands, I want to be clear about 15 that. We're not tying the utilities' hands 16 vis-a-vis negotiation. So there's a lots of 17 negotiations and other things they can do to 18 help you. 19 Now, if that all doesn't work and 20 down the line you wind up with a foreclosure, 21 no. No, the next owner is not responsible. 22 ACTING PRESIDENT BRESLIN: 23 Senator DeFrancisco. 24 SENATOR DeFRANCISCO: Okay. 25 According to the bill, and I'm going back to

Candyco Transcription Service, Inc. 1 the -- would you yield to another question? 2 SENATOR PARKER: Yes, I will 3 yield to another question. 4 SENATOR DeFRANCISCO: I'm going 5 back to this idea of who's required to loan to 6 whom. According to 66(M)2, it says that part 7 of this program requires that full access to 8 the benefits of the program be available to 9 all customers "that meet standards for 10 reliable utility bill payment and current good 11 standing on any mortgage obligations on the 12 premises as determined by NYSERDA." 13 So it looks like there are some 14 guidelines that NYSERDA has to follow by this 15 bill, that the customer is in good standing on 16 his bill and he's paying his mortgage 17 payments. Fair enough? 18 SENATOR PARKER: Through you, 19 yes. 20 SENATOR DeFRANCISCO: Okay. But 21 there doesn't seem to be -- would Senator 22 Parker yield to another question? 23 SENATOR PARKER: I will yield. 24 ACTING PRESIDENT BRESLIN: Yes, 25 he will.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: There seems 2 to be no requirement that not only will the 3 customer be in good standing on the electric 4 bill and the mortgage, but that they have the 5 wherewithal to pay for the additional costs 6 that they'll have to pay on a monthly basis. 7 That isn't in the bill. 8 SENATOR PARKER: Through you, Mr. 9 President, that is not in the bill. But that 10 will be in the regulations that are being 11 promulgated as we speak through NYSERDA. 12 ACTING PRESIDENT BRESLIN: 13 Senator DeFrancisco. 14 SENATOR DeFRANCISCO: On the 15 bill. Thank you. 16 ACTING PRESIDENT BRESLIN: 17 Senator DeFrancisco, on the bill. 18 SENATOR DeFRANCISCO: We just 19 went through probably one of the worst times 20 in our country's history with the subprime 21 mortgage fiasco. And how that happened was 22 that individuals who could not afford loans 23 were getting loans. 24 And we could talk about all the 25 reasons why and all the misrepresentations and

Candyco Transcription Service, Inc. 1 whatever there may have been by lenders and 2 the like. But that has become a very serious 3 problem that almost resulted in -- well, it 4 did result in a financial disaster for the 5 United States that we're still to trying to 6 recover from. 7 In this case it's obvious that the 8 motive is a good one, to try to retrofit 9 buildings. But if people are running around 10 to various neighborhoods encouraging people to 11 retrofit their building and there's no 12 requirement in the bill itself that the loans 13 can only go to people that are paying their 14 utility bills, paying their mortgage, and can 15 afford the additional amount of money, we may 16 end up in a substantial number of cases where 17 this money is spent, the loans are given, they 18 can't be repaid, and we end up into another 19 problem with respect to the dollars that are 20 being loaned and the economic problems that 21 the state might end up with. 22 In addition, there's a provision in 23 here that requires the utility companies to 24 protect NYSERDA -- which I think is a good 25 idea -- requires utility companies to turn off

Candyco Transcription Service, Inc. 1 the electricity if they're not making their 2 payments on the loan. 3 Even if they're paying the balance 4 of their utility bill, if they're not making 5 payments on the loan. It protects NYSERDA, 6 but I would think that if someone gets in 7 financial trouble and doesn't have 8 electricity, they could do all the 9 negotiations they want -- the fact of the 10 matter is there's an obligation in this bill 11 that they've got to turn off the utilities. 12 To me, that is an extremely drastic 13 remedy that's going to result in more hardship 14 than maybe the program that's being zealously 15 advocated for by those who want to do the 16 business. It's an adverse result because the 17 people who are advocating to do the business 18 to make all of these improvements obviously 19 want to make the improvements, just like the 20 lenders wanted to make the loans. They're not 21 too concerned about the ability of the 22 customer to pay or run into this problem that 23 they might not have utility service. 24 So I think that the bill is a very 25 dangerous one. And for the reasons I just

Candyco Transcription Service, Inc. 1 mentioned, I fully intend to vote no unless I 2 hear something that changes my mind based upon 3 the balance of the debate. 4 Thank you. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator DeFrancisco. 7 Senator Parker, on the bill. 8 SENATOR PARKER: Thank you, 9 Mr. President. On the bill. 10 First, I want to thank my 11 colleagues for the number of questions, 12 because they really actually got some 13 information out there that frankly I probably 14 would not have talked about in such detail. 15 And I thought some of those questions were not 16 only appropriate but were important for people 17 in this room and the people voting on it to 18 understand. 19 The reality is that when we passed 20 the Green-Collar Jobs bill last year, I think 21 it was an important first step in putting 22 people back to work. We are right now in the 23 middle of the largest contraction of the 24 economy that this country has literally ever 25 seen. Even, frankly, worse than the economy,

Candyco Transcription Service, Inc. 1 say, 75 years ago with the Great Depression. 2 In particular, we have again a jobs crisis 3 where we're talking about jobless recoveries 4 on Wall Street, where people are looking in 5 all of our districts for something to be done 6 for them. 7 Well, here's the answer, ladies and 8 gentlemen. Last year this body intrepidly put 9 forward a model green-collar jobs program, the 10 first in the nation, and one that is going to 11 have a significant amount of impact, again, 12 from Brookhaven to Brooklyn, from Binghamton 13 to Buffalo. We're going to see, you know, 14 jobs created, you know, over the next coming 15 years if in fact we put in this next piece. 16 Right now NYSERDA has the ability 17 to do the program, but they don't necessarily 18 have the entree into homes. What we're doing 19 is partnering and creating a mechanism to 20 partner with local utilities who do have the 21 entree into people's homes so they know that 22 this work can be done. 23 And again, we're going to do three 24 things with this bill, ladies and gentlemen. 25 We're going to put people to work. Everything

Candyco Transcription Service, Inc. 1 from people doing assessments to carpenters to 2 window installers to roofers and boiler 3 installers and hot water heater installers to 4 more science and technology as we increase the 5 number of solar voltaic units and wind 6 turbines and water turbines and other kinds of 7 alternative energy that we're going to be 8 looking at in the context of this bill. 9 Third, we're going to be decreasing 10 the energy bills of our constituents. How 11 many people in here want to pay higher utility 12 bills? How many of our constituents are 13 talking about the fact that their utility 14 bills need to be lower? This bill allows us 15 to help lower their utility bills. 16 And third, and probably the most 17 important thing, which is that we are going to 18 decrease our carbon footprint. We're going to 19 take the steps that we need to to become good 20 shepherds of our ecology and our environment 21 so that we can pass it on to our children. 22 What greater gift could we give to our 23 children than clean water and clean air and 24 pristine lands? And this helps us get to that 25 place by in fact lowering our carbon

Candyco Transcription Service, Inc. 1 footprint. 2 And so I'm asking for my colleagues 3 to vote for this bill exactly because it does 4 those three things. It creates jobs, it 5 lowers people's energy bills, and it reduces 6 our carbon footprint. 7 And yes, we have gone through a 8 very, very horrible time with the mortgage 9 foreclosure. In fact, nobody has done more in 10 this state, frankly, around mortgage 11 foreclosure than Jeff Klein and the Democratic 12 members of the Senate, who have been at the 13 forefront of the mortgage foreclosure crisis 14 for well over four years. 15 But this bill doesn't add to that 16 danger. This bill says that the utility 17 companies have an arsenal of techniques in 18 which to help people resolve their bills. 19 They in fact can help -- they can do reviews 20 of their bills, they can recalculate the 21 bills, they can take existing level billing 22 plans and recalculate them so they continue to 23 be level. Utilities can actually -- in fact, 24 must offer deferred payment plans to all 25 customers when offering this program.

Candyco Transcription Service, Inc. 1 Utilities must offer rebates and 2 energy-efficiency measures regardless of when 3 the work was performed. 4 So we're not even just going 5 forward, we're actually retrospectively saying 6 if you've gotten any energy efficiency work 7 done, we can in fact help you pay for those 8 things. 9 And also because of the fact that 10 this bill actually allows people to lower 11 their energy bills, we're not talking about 12 significantly increasing bills. Some people's 13 bills will be increased, but they'll be saving 14 money. And most people will in fact have a 15 payment in savings of their energy bills over 16 the course of three to five short years. 17 And so, you know, this is a good 18 bill because it has all the things that both 19 protect consumers as well as provide new jobs 20 in our struggling economy. And so I ask 21 people to vote for this bill because it not 22 only provides for the things that the people 23 in this state need, but it also protects them 24 while they're providing them. 25 Thank you very much, and I look

Candyco Transcription Service, Inc. 1 forward to all my colleagues voting yes on 2 this bill. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Parker. 5 Are there any other Senators 6 wishing to be heard? 7 Hearing none, the debate is closed. 8 The Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 12. This 11 act shall take effect immediately. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: 16 Senator Bonacic, to explain his vote. 17 SENATOR BONACIC: First of all, 18 I'd like to thank Senator Parker for his 19 explanations. 20 Let me just tell you my concerns 21 with the bill: The fact that NYSERDA has not 22 issued regulations of the kind of homeowners 23 that qualify creditwise. 24 I think the concept is good. Green 25 energy; you know, over the life of the

Candyco Transcription Service, Inc. 1 improvements, you're going to get payment of 2 your loan. My concern is what homeowner can 3 access the monies short term. If it's the 4 same kind of mentality for the subprimes, for 5 people that should get these loans, we're 6 going to create bigger problems than what the 7 program is trying to accomplish. 8 Now, short term we have substantial 9 concerns. If that customer cannot pay on the 10 energy improvements, the bank forecloses. The 11 utility company gets stuck, the lien goes 12 away. In bankruptcy, if the applicant who 13 took out the loan goes bankrupt, the utility 14 gets stuck. That could lead to higher rates. 15 Now, the unemployment in our area 16 is still about 10 percent. And there's 17 cash-flow problems right now for a lot of our 18 middle-class families. The critical success 19 of this program short term is to make sure 20 that the person who gets the loan has the 21 ability to pay with the increased debt. That 22 is missing in this bill now. 23 This bill needs more work. For 24 that reason, I'm going to sadly vote no. And 25 I had supported last year I think Senator

Candyco Transcription Service, Inc. 1 Morahan's bill of the Green Jobs, but I don't 2 think this bill is ready yet. For that 3 reason, I vote no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT BRESLIN: Thank 6 you, Senator Bonacic. You will be recorded in 7 the negative. 8 Senator LaValle, to explain his 9 vote. 10 SENATOR LaVALLE: Thank you, 11 Mr. President. 12 I think Senator Bonacic was 13 absolutely right that this legislation needs 14 some marinating. 15 I think, Senator Parker, that we 16 need to bring people together and work out 17 some of the pieces. And the thing that is 18 troubling to me is something that my mother, 19 in admonition, said: There's no free lunch. 20 Which means someone's going to have to pay for 21 this. 22 Those of us who represent the LIPA 23 area, we have some of the highest utility 24 rates. And putting more cost on the ratepayer 25 at this juncture is not the right time. You

Candyco Transcription Service, Inc. 1 yourself indicated the economy and the 2 difficulty with the economy. 3 And so I think we need to put some 4 pieces together. It's a great title. If you 5 were voting for titles, this would be a yes 6 vote. But when you look at what's inside, 7 we're not there yet. And I vote in the 8 negative, Mr. President. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator LaValle. You will be recorded in 11 the negative. 12 Senator DeFrancisco, to explain his 13 vote. 14 SENATOR DeFRANCISCO: Thank you. 15 The problem with the bill is 16 there's a disconnect here. There's a whole 17 group of people that are going to be going 18 through the neighborhoods that are going to be 19 trying to convince people to retrofit their 20 home because they're going to save energy. 21 They have an interest in it. They want the 22 jobs, they want the work, they want to make 23 some money. Sort of like mortgage bankers 24 during the subprime situation. 25 Number two, the people that are

Candyco Transcription Service, Inc. 1 making the loan don't have any kind of 2 regulation other than as long as, according to 3 the bill, the individual has been paying their 4 utility bills in the past, and also the 5 individual can pay their mortgage payments 6 that they have in the past, then NYSERDA will 7 be granting this loan. Those are the only two 8 requirements. Not that they can afford the 9 next loan that they're going to get. 10 Then you have the utility companies 11 that have to collect the bills. And if the 12 bills aren't paid in time, the monthly payment 13 is not paid in time, they have to, by this 14 law, cut off the service. So the world's 15 going to be upset at the collector who is 16 forced to collect. And I could see where you 17 might try to negotiate some changes in the 18 payments. But if the person doesn't have the 19 money, they don't have the money. 20 And Senator Parker mentioned about 21 the partnership, it's a partnership. Well, 22 you've got to have a willing partnership. You 23 don't say you're my partner and I'm putting a 24 noose around your neck to pull you along, 25 you're going to be my partner. And that's the

Candyco Transcription Service, Inc. 1 partnership that's being required here. 2 Lastly, if you can't pay your loan, 3 you can't make these payments, you lose the 4 house, it goes with the house. The loan is a 5 lien against the house. Which is another 6 impediment to reselling the house. 7 So there's too many disconnects and 8 too many analogies to the subprime mortgage 9 crisis. And whether or not the Democratic 10 mortgage here helped all the people who had 11 mortgage problems after the subprime mortgage, 12 we don't want to light the match to start the 13 fire so that we can later claim that we helped 14 give relief to the fire that we created. 15 So I'm going to vote no on this 16 bill. Thank you. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator DeFrancisco. You will be 19 recorded in the negative. 20 Senator Parker, to explain his 21 vote. 22 SENATOR PARKER: Thank you, 23 Mr. President. To explain my vote. 24 Again, let me thank my colleagues 25 for their questions. I think that we

Candyco Transcription Service, Inc. 1 illuminated a lot of things that are 2 important. I'm not clear that my 3 colleagues -- and probably is my failure to 4 communicate all the good things about this 5 bill and how it actually works. 6 Senator LaValle indicated that 7 somebody has to pay for it. We actually 8 already paid for it last year. Because when 9 we did the first part that was actually done 10 by Senator Aubertine -- I want to thank him 11 for his leadership and his intrepid vision as 12 chair of the Energy Committee last year -- 13 when we passed the original Green-Collar Jobs 14 bill, we actually allocated money that came 15 from the Regional Greenhouse Gas Initiative to 16 in fact supplement this program. 17 And so when we in fact are doing 18 these retrofits, actually much of that money 19 is actually coming from polluters in this 20 state. It's actually a brilliant program. So 21 we're taking people who are polluting, we're 22 taking their money, we're going to now 23 subsidize it to create jobs in Senator 24 LaValle's district and Senator DeFrancisco's 25 district, a few in Senator Libous's

Candyco Transcription Service, Inc. 1 district -- a few; I don't know how you 2 voted -- but a few in Senator Libous's 3 district, and then we're going to create those 4 jobs. 5 And then at the same time, those 6 people who are working in those areas will 7 also have their homes retrofitted and they 8 will save energy. And so we're not talking 9 about tripling people's bills, we're actually 10 lowering people's bills over the lifetime of 11 those homes. And trust me, there will be 12 enough safeguards vis-a-vis the kind of 13 language and the kind of people who are 14 allowed to get loans. 15 But then, lastly, these people who 16 are having hard times, our partners in the 17 utilities have the ability to work out 18 arrangements in the same way that every day 19 they do now, work out arrangements around 20 people's utility bills. 21 This is a good bill, and I thank 22 you very much for your support of it. 23 ACTING PRESIDENT BRESLIN: 24 Senator Volker, to explain his vote. 25 SENATOR VOLKER: Mr. President, I

Candyco Transcription Service, Inc. 1 will be brief. 2 Senator Saland and I talked about a 3 number of pieces of this bill, but I just want 4 to comment -- and I know, Senator Parker, that 5 you mean well. But this bill could turn out 6 to be one of the bombshells for the utilities, 7 because it could be a tremendous money-loser 8 over the long haul. 9 But one thing I think I know for 10 sure, having been once chairman of Utilities 11 and Energy, we passed enough legislation in 12 the last week probably to raise utility rates 13 for every utility company in the State of 14 New York by at least 20 percent. I have to 15 tell you something. We've got to realize 16 something, that this state has got more taxes 17 on utilities than any state in the union. And 18 the problem when you're dealing with issues 19 such as this, you have to take that into 20 consideration. 21 And the issues that we've dealt 22 with over the last week, as I've looked at 23 them I said to myself, boy, thank God that for 24 the last 20 or 25 years we Republicans had 25 enough restraint not to do that sort of thing.

Candyco Transcription Service, Inc. 1 We realize very much that it's a tempting 2 thing to grab at the utilities and make the 3 people believe that it's the utilities that 4 are at fault and not the government that 5 churns the rates. 6 But this bill will not help the 7 ratepayers and I'm afraid, as has already been 8 pointed out, in the long haul will not help 9 homeowners and will not help energy 10 development either. So I've got to vote no. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Volker. You will be recorded in 13 the negative. 14 Are there any other Senators 15 wishing to be heard? 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1103 are 19 Senators Alesi, Bonacic, DeFrancisco, Farley, 20 Flanagan, Golden, Griffo, O. Johnson, Lanza, 21 Larkin, LaValle, Leibell, Libous, Little, 22 McDonald, Nozzolio, Ranzenhofer, Saland, 23 Seward, Skelos, Volker, Winner and Young. 24 Ayes, 38. Nays, 23. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1120, by Senator Klein, Senate Print 8171 -- 4 SENATOR KLEIN: Lay the bill 5 aside for the day, please. 6 ACTING PRESIDENT BRESLIN: The 7 bill is laid aside for the day. 8 That completes the reading of the 9 controversial calendar, Senator Klein. 10 SENATOR KLEIN: Mr. President, 11 can we briefly return to motions and 12 resolutions. 13 ACTING PRESIDENT BRESLIN: 14 Returning to motion and resolutions. 15 SENATOR KLEIN: Mr. President, on 16 behalf of Senator Onorato, on page 26 I offer 17 the following amendments to Calendar Number 18 782, Senate Print Number 5847E, and ask that 19 said bill retain its place on Third Reading 20 Calendar. 21 ACTING PRESIDENT BRESLIN: So 22 ordered. 23 SENATOR KLEIN: Mr. President, on 24 behalf of Senator Adams, I wish to call up 25 Print Number 7578, recalled from the Assembly,

Candyco Transcription Service, Inc. 1 which is now at the desk. 2 ACTING PRESIDENT BRESLIN: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 764, by Senator Adams, Senate Print 7578, an 6 act to amend the Racing, Pari-Mutuel Wagering 7 and Breeding Law. 8 ACTING PRESIDENT BRESLIN: 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 BRESLIN: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT BRESLIN: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT BRESLIN: The 23 amendments are received. 24 SENATOR KLEIN: Mr. President, on 25 behalf of Senator Stavisky, on page number 7 I

Candyco Transcription Service, Inc. 1 offer the following amendments to Calendar 2 Number 139, Senate Print Number 1538D, and ask 3 that said bill retain its place on Third 4 Reading Calendar. 5 ACTING PRESIDENT BRESLIN: So 6 ordered. 7 SENATOR KLEIN: On behalf of 8 Senator Savino, on page 19 I offer the 9 following amendments to Calendar Number 547, 10 Senate Print Number 2978, and ask that said 11 bill retain its place on Third Reading 12 Calendar. 13 ACTING PRESIDENT BRESLIN: So 14 ordered. 15 SENATOR KLEIN: Mr. President, 16 there will be an immediate meeting of the 17 Rules Committee in the Majority Conference 18 Room. 19 Pending the return of the Rules 20 Committee, may we please stand at ease. 21 ACTING PRESIDENT BRESLIN: There 22 will be an immediate meeting of the Rules 23 Committee in Room 332. 24 Pending the return of the Rules 25 Committee, the Senate will stand at ease.

Candyco Transcription Service, Inc. 1 (Whereupon, the Senate stood at 2 ease at 6:22 p.m.) 3 (Whereupon, the Senate reconvened 4 at 7:24 p.m.) 5 ACTING PRESIDENT VALESKY: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 believe there's a report of the Rules 9 Committee at the desk. I move that we adopt 10 the Rules report at this time. 11 ACTING PRESIDENT VALESKY: There 12 is a report of the Rules Committee at the 13 desk. 14 The Secretary will read. 15 THE SECRETARY: Senator Smith, 16 from the Committee on Rules, reports the 17 following bills: 18 Senate Print 1103, by Senator 19 Dilan, an act to amend the Social Services 20 Law; 21 1237, by Senator Thompson, an act 22 to amend the General Business Law; 23 1861D, by Senator Klein, an act to 24 amend the Administrative Code of the City of 25 New York;

Candyco Transcription Service, Inc. 1 2832A, by Senator L. Krueger, an 2 act to amend the Environmental Conservation 3 Law; 4 2950D, by Senator Klein, an act to 5 amend the Penal Law; 6 5748A, by Senator Savino, an act to 7 amend the Retirement and Social Security Law; 8 5793, by Senator L. Krueger, an act 9 to amend the Business Corporation Law; 10 5913A, by Senator Oppenheimer, an 11 act to amend the Criminal Procedure Law; 12 6150A, by Senator Espada, an act to 13 amend the Public Authorities Law; 14 6781A, by Senator Stachowski, an 15 act to amend the Racing, Parimutuel Wagering 16 and Breeding Law; 17 6964, by Senator Valesky, an act to 18 amend the Public Authorities Law; 19 7051, by Senator Savino, an act to 20 amend the Retirement and Social Security Law; 21 7089, by Senator C. Johnson, an act 22 to amend the Education Law; 23 7137A, by Senator Foley, an act to 24 amend the Education Law; 25 7257, by Senator Valesky, an act to

Candyco Transcription Service, Inc. 1 amend the Tax Law; 2 7308, by Senator Peralta, an act to 3 amend the General Business Law; 4 7449, by Senator C. Johnson, an act 5 to legalize, validate, ratify and confirm; 6 7463, by Senator Oppenheimer, an 7 act to amend Chapter 425 of the Laws of 2002; 8 7483A, by Senator Huntley, an act 9 to amend the Public Health Law; 10 7500, by Senator Addabbo, an act to 11 amend the Civil Service Law; 12 7614, by Senator C. Kruger, an act 13 to amend the Public Health Law; 14 7672A, by Senator Klein, an act to 15 amend the Real Property Law; 16 7676, by Senator Stachowski, an act 17 to amend the Public Authorities Law; 18 7712, by Senator Thompson, an act 19 to amend the Public Service Law; 20 7753, by Senator Oppenheimer, an 21 act to amend the Environmental Conservation 22 Law; 23 7915, by Senator Stachowski, an act 24 to legalize, validate, ratify and confirm; 25 7946, by Senator Peralta, an act to

Candyco Transcription Service, Inc. 1 amend the Banking Law; 2 7968, by Senator Stewart-Cousins, 3 an act to amend the Economic Development Law; 4 8056, by Senator C. Kruger, an act 5 to amend the Estates, Powers and Trusts Law; 6 8058, by Senator Hassell-Thompson, 7 an act to amend the Family Court Act; 8 8104, by Senator Stachowski, an act 9 to amend the Public Health Law; 10 8126, by Senator C. Johnson, an act 11 to amend the Real Property Tax Law; 12 8130, by Senator Peralta, an act to 13 amend the Administrative Code of the City of 14 New York; 15 8140A, by Senator Aubertine, an act 16 in relation to authorizing; 17 8151, by Senator Addabbo, an act to 18 amend the Election Law; 19 8152, by Senator Addabbo, an act to 20 amend the Election Law; 21 8153, by Senator Addabbo, an act to 22 amend the Election Law; 23 8164, by Senator Espada, an act to 24 amend the Private Housing Finance Law; 25 8175, by Senator Klein, an act to

Candyco Transcription Service, Inc. 1 amend the Penal Law; 2 8183, by Senator C. Johnson, an act 3 to amend the Alcoholic Beverage Control Law; 4 8202, by Senator Parker, an act 5 authorizing and directing; 6 8225, by Senator Onorato, an act to 7 amend the Retirement and Social Security Law; 8 8239, by Senator Foley, an act to 9 amend the Public Authorities Law; 10 8261, by Senator Klein, an act to 11 amend the Education Law; 12 8266, by Senator Smith, an act to 13 amend the Vehicle and Traffic Law; 14 8267, by Senator Klein, an act to 15 amend the General Business Law; 16 8280, by Senator Thompson, an act 17 to amend the Environmental Conservation Law; 18 8281, by Senator Foley, an act to 19 amend the Energy Law; 20 44, by Senator Fuschillo, an act to 21 amend the Education Law; 22 And Senate Print 8052, by Senator 23 McDonald, an act to amend the Highway Law. 24 All bills ordered direct to third 25 reading.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: All 2 those in favor of adopting the report of the 3 Rules Committee signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 report of the Rules Committee is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 can we please go to a reading of the 13 supplemental calendar. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will proceed with the reading of 16 Senate Supplemental Calendar 69A. 17 THE SECRETARY: Calendar Number 18 1098, by Senator Dilan, Senate Print -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT VALESKY: The 22 bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 1105, by Senator Thompson -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1125, by Senator Klein, Senate Print 1861D, an 6 act to amend the Administrative -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: In relation to 11 Calendar Number -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein, if we could substitute the 16 Assembly Bill for Calendar 1125 and then lay 17 it aside for the day. 18 THE SECRETARY: In relation to 19 Calendar Number 1126, Senator L. Krueger moves 20 to discharge, from the Committee on Codes, 21 Assembly Bill Number 428A and substitute it 22 for the identical Senate Bill Number 2832A, 23 Third Reading Calendar 1126. 24 ACTING PRESIDENT VALESKY: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 Calendar Numbers 1125 and 1126 are 2 laid aside for the day. 3 THE SECRETARY: In relation to 4 Calendar Number 1127, Senator Klein moves to 5 discharge, from the Committee on Rules, 6 Assembly Bill Number 11111 and substitute it 7 for the identical Senate Bill Number 2950D, 8 Third Reading Calendar 1127. 9 ACTING PRESIDENT VALESKY: 10 Substitution ordered. 11 THE SECRETARY: Calendar Number 12 1127, by Member of the Assembly Paulin, 13 Assembly Print Number 11111, an act to amend 14 the Penal Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 SENATOR LIBOUS: Lay it aside. 18 SENATOR KLEIN: Lay the bill 19 aside for the day, please. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 1129, by Senator Savino, Senate Print 5748A, 24 an act to amend the Retirement and Social 25 Security Law.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay the bill 2 aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: In relation to 6 Calendar Number 1130 -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT VALESKY: 10 Senator Klein, Calendar Number 1129? 11 SENATOR KLEIN: No, 1130, I 12 apologize. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read the substitution. 15 THE SECRETARY: In relation to 16 Calendar Number 1130, Senator L. Krueger moves 17 to discharge, from the Committee on 18 Corporations, Authorities and Commissions, 19 Assembly Bill Number 1567 and substitute it 20 for the identical Senate Bill Number 5793, 21 Third Reading Calendar 1130. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 1130, by Member of the Assembly Brodsky,

Candyco Transcription Service, Inc. 1 Assembly Print 1567, an act to amend the 2 Business Corporation Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day, please. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside for the day. 10 THE SECRETARY: In relation to 11 Calendar Number 1131, Senator Oppenheimer 12 moves to discharge, from the Committee on 13 Rules, Assembly Bill Number 10761A and 14 substitute it for the identical Senate Bill 15 Number 5913A, Third Reading Calendar 1131. 16 ACTING PRESIDENT VALESKY: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1131, by Member of the Assembly Castelli, 20 Assembly Print Number 10761A, an act to amend 21 the Criminal Procedure Law. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section -- 25 SENATOR LIBOUS: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1132, by Senator Espada, Senate Print 6150A, 5 an act to amend the Public Authorities Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section -- 9 SENATOR LIBOUS: Lay the bill 10 aside. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside. 13 THE SECRETARY: In relation to 14 Calendar Number 1133, Senator Stachowski moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 10222A and substitute it 17 for the identical Senate Bill Number 6781A, 18 Third Reading Calendar 1133. 19 ACTING PRESIDENT VALESKY: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1133, by Member of the Assembly Pretlow, 23 Assembly Print Number 10222A, an act to amend 24 the Racing, Pari-Mutuel Wagering and Breeding 25 Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 SENATOR LIBOUS: Lay the bill 4 aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 can we please lay the reminder of the calendar 10 aside for the day. 11 ACTING PRESIDENT VALESKY: The 12 remainder of Senate Supplemental Calendar 69A 13 is laid aside for the day. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 can we also lay aside for the day Senate 17 Supplemental Calendar 69B. 18 ACTING PRESIDENT VALESKY: Senate 19 Supplemental Calendar 69B is laid aside for 20 the day as well. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, is 23 there any further business at the desk? 24 ACTING PRESIDENT VALESKY: There 25 is no further business.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: There being no 2 further business, Mr. President, I move that 3 we adjourn till Thursday, June 24th, at 4 12:00 p.m. 5 ACTING PRESIDENT VALESKY: On 6 motion, the Senate stands adjourned until 7 Thursday, June 24th, at 12:00 p.m. 8 (Whereupon, at 7:34 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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