Monday, June 28, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 28, 2010 11 2:45 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 ACTING PRESIDENT BRESLIN: The 2 Senate will please come to order. 3 I ask everyone all to rise and 4 repeat with me the Pledge of Allegiance. 5 (Whereupon, the assemblage recited 6 the Pledge of Allegiance to the Flag.) 7 ACTING PRESIDENT BRESLIN: In the 8 absence of clergy, may we bow our heads for a 9 moment of silence. 10 (Whereupon, the assemblage 11 respected a moment of silence.) 12 ACTING PRESIDENT BRESLIN: The 13 reading of the Journal. 14 The Secretary will read. 15 THE SECRETARY: In Senate, 16 Sunday, June 27, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 June 26, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT BRESLIN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

Candyco Transcription Service, Inc. 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Klein. 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 7, 14 Senator Stavisky moves to discharge, from the 15 Committee on Rules, Assembly Bill Number 3923C 16 and substitute it for the identical Senate 17 Bill Number 1538E, Third Reading Calendar 139. 18 ACTING PRESIDENT BRESLIN: 19 Substitution ordered. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a resolution at the desk by 23 Senator Savino. I ask that the title of the 24 resolution be read and move for its immediate 25 adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Klein, has this resolution been deemed 3 privileged and submitted to the office of the 4 Temporary President? 5 SENATOR KLEIN: Yes, it has, 6 Mr. President. 7 ACTING PRESIDENT BRESLIN: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Savino, Senate resolution authorizing the 11 Temporary President of the Senate to file an 12 election to make certain officers or employees 13 of the Senate eligible for the retirement 14 incentive offered by Part B of Chapter 105 of 15 the Laws of 2010. 16 ACTING PRESIDENT BRESLIN: The 17 question is on the resolution. All those in 18 favor please signify by saying aye. 19 Senator Libous. 20 SENATOR LIBOUS: Thank you, 21 Mr. President. Mr. President, I would ask for 22 unanimous consent to have a fast roll call and 23 a recorded vote on this resolution, please. 24 ACTING PRESIDENT BRESLIN: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 have no objection. 3 ACTING PRESIDENT BRESLIN: The 4 Secretary will call the roll. All Senators 5 wishing to be counted as a no vote on this 6 resolution please raise your hands. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT BRESLIN: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Senate Resolution 6244 are 12 Senators Alesi, Bonacic, DeFrancisco, Farley, 13 Flanagan, Fuschillo, Golden, Griffo, Hannon, 14 O. Johnson, Lanza, Larkin, LaValle, Leibell, 15 Libous, Little, Marcellino, Maziarz, McDonald, 16 Nozzolio, Padavan, Ranzenhofer, Robach, 17 Saland, Seward, Skelos, Volker, Winner and 18 Young. 19 Ayes, 32. Nays, 29. 20 ACTING PRESIDENT BRESLIN: The 21 resolution is adopted. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 believe there's another resolution at the desk 25 by Senator Savino. I ask that the title of

Candyco Transcription Service, Inc. 1 the resolution be read and move for its 2 immediate adoption. 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein, has this resolution been deemed 5 privileged and submitted to the office of the 6 Temporary President? 7 SENATOR KLEIN: Yes, it has, 8 Mr. President. 9 ACTING PRESIDENT BRESLIN: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Savino, Senate resolution authorizing the 13 Temporary President of the Senate to file an 14 election to make certain officers or employees 15 of the Senate eligible for the retirement 16 incentive offered by Part A of Chapter 105 of 17 the Laws of 2010. 18 ACTING PRESIDENT BRESLIN: The 19 question is on the resolution. All those in 20 favor please signify by saying aye. 21 (Response of "Aye.") 22 SENATOR LIBOUS: Mr. President. 23 ACTING PRESIDENT BRESLIN: 24 Senator Libous. 25 SENATOR LIBOUS: Thank you for

Candyco Transcription Service, Inc. 1 recognizing me, Mr. President. 2 Could I ask for unanimous consent 3 to have a fast roll call and a recorded vote 4 on this particular resolution? 5 ACTING PRESIDENT BRESLIN: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 have no objection. 9 ACTING PRESIDENT BRESLIN: 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Libous. 14 The Secretary will call the roll. 15 All Senators wishing to be counted as a no 16 vote on this resolution please signify by 17 raising your hand. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT BRESLIN: 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Senate Resolution 6245 are 23 Senators Alesi, Bonacic, DeFrancisco, Farley, 24 Flanagan, Fuschillo, Golden, Griffo, Hannon, 25 O. Johnson, Lanza, Larkin, LaValle, Leibell,

Candyco Transcription Service, Inc. 1 Libous, Little, Marcellino, Maziarz, McDonald, 2 Nozzolio, Padavan, Ranzenhofer, Robach, 3 Saland, Seward, Skelos, Volker, Winner and 4 Young. 5 Ayes, 32. Nays, 29. 6 ACTING PRESIDENT BRESLIN: The 7 resolution is adopted. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's another resolution at the desk 11 by Senator Savino. I ask that the title of 12 the resolution be read and move for its 13 immediate adoption. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted to the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Mr. President. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Savino, Concurrent Resolution of the Senate 24 and Assembly authorizing the Temporary 25 President of the Senate and the Speaker of the

Candyco Transcription Service, Inc. 1 Assembly to file an election to make certain 2 officers and employees of joint legislative 3 employers eligible for the retirement 4 incentive offered by Part B of Chapter 105 of 5 the Laws of 2010. 6 ACTING PRESIDENT BRESLIN: The 7 Secretary will call the roll on this 8 concurrent resolution. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT BRESLIN: 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Concurrent Resolution Number 14 6246 are Senators Alesi, Bonacic, DeFrancisco, 15 Farley, Flanagan, Fuschillo, Golden, Griffo, 16 Hannon, O. Johnson, Lanza, Larkin, LaValle, 17 Leibell, Libous, Little, Marcellino, Maziarz, 18 McDonald, Nozzolio, Padavan, Ranzenhofer, 19 Robach, Saland, Seward, Skelos, Volker, Winner 20 and Young. 21 Ayes, 32. Nays, 29. 22 ACTING PRESIDENT BRESLIN: The 23 resolution is adopted. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe Senator Savino has another concurrent 2 resolution at the desk. I ask that the title 3 of the resolution be read and move for its 4 immediate adoption. 5 ACTING PRESIDENT BRESLIN: 6 Senator Klein, has this resolution been deemed 7 privileged and submitted to the office of the 8 Temporary President? 9 SENATOR KLEIN: Yes, it has, 10 Mr. President. 11 ACTING PRESIDENT BRESLIN: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Savino, Concurrent Resolution of the Senate 15 and Assembly authorizing the Temporary 16 President of the Senate and the Speaker of the 17 Assembly to file an election to make certain 18 officers and employees of joint legislative 19 employers eligible for the retirement 20 incentive offered by Part A of Chapter 105 of 21 the Laws of 2010. 22 ACTING PRESIDENT BRESLIN: The 23 Secretary will call the roll on this 24 concurrent resolution. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Concurrent Resolution Number 5 6247 are Senators Alesi, Bonacic, DeFrancisco, 6 Farley, Flanagan, Fuschillo, Golden, Griffo, 7 Hannon, O. Johnson, Lanza, Larkin, LaValle, 8 Leibell, Libous, Little, Marcellino, Maziarz, 9 McDonald, Nozzolio, Padavan, Ranzenhofer, 10 Robach, Saland, Seward, Skelos, Volker, Winner 11 and Young. 12 Ayes, 32. Nays, 29. 13 ACTING PRESIDENT BRESLIN: The 14 resolution is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 there will be an immediate meeting of the 18 Finance Committee, followed by a meeting of 19 the Rules Committee in the Majority Conference 20 Room. 21 Pending the return of the Rules 22 Committee, may we please stand at ease. 23 ACTING PRESIDENT BRESLIN: There 24 will be an immediate meeting of the Finance 25 Committee, followed by an immediate meeting of

Candyco Transcription Service, Inc. 1 the Rules Committee in Room 332. 2 Pending the return of the Rules 3 Committee, the Senate will stand at ease. 4 (Whereupon, the Senate stood at 5 ease at 3:00 p.m.) 6 (Whereupon, the Senate reconvened 7 at 3:39 p.m.) 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, if 11 we can briefly return to motions and 12 resolutions. 13 ACTING PRESIDENT BRESLIN: 14 Returning to motions and resolutions. 15 SENATOR KLEIN: Mr. President, on 16 behalf of Senator Parker, I wish to call up 17 Print Number 3601C, recalled from the 18 Assembly, which is now at the desk. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 298, by Senator Parker, Senate Print 3601C, an 23 act to amend the Social Services Law. 24 ACTING PRESIDENT BRESLIN: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 now move to reconsider the vote by which this 3 bill was passed. 4 ACTING PRESIDENT BRESLIN: Call 5 the roll on reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 SENATOR KLEIN: Mr. President, I 9 now offer the following amendments. 10 ACTING PRESIDENT BRESLIN: 11 Amendments received. 12 SENATOR KLEIN: Mr. President, on 13 behalf of Senator Stachowski, I wish to call 14 up Print Number 7865, recalled from the 15 Assembly, which is now at the desk. 16 ACTING PRESIDENT BRESLIN: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 1112, by Senator Stachowski, Senate Print 20 7865, an act to amend the Executive Law. 21 ACTING PRESIDENT BRESLIN: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, I 24 now move to reconsider the vote by which this 25 bill was passed.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Call 2 the roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT BRESLIN: 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, I 8 now offer the following amendments. 9 ACTING PRESIDENT BRESLIN: 10 Amendments received. 11 SENATOR KLEIN: Mr. President, on 12 behalf of Senator L. Krueger, on page 28 I 13 offer the following amendments to Calendar 14 Number 930, Senate Print Number 4778B, and ask 15 that said bill retain its place on Third 16 Reading Calendar. 17 ACTING PRESIDENT BRESLIN: So 18 ordered. 19 SENATOR KLEIN: On behalf of 20 Senator Perkins, on page number 12 I offer the 21 following amendments to Calendar Number 317, 22 Senate Print Number 5057A. 23 ACTING PRESIDENT BRESLIN: So 24 ordered. 25 SENATOR KLEIN: On behalf of

Candyco Transcription Service, Inc. 1 Senator Savino, on page 17 I offer the 2 following amendments to Calendar Number 547, 3 Senate Print Number 2978A, and ask that said 4 bill retain its place on Third Reading 5 Calendar. 6 ACTING PRESIDENT BRESLIN: So 7 ordered. 8 SENATOR KLEIN: Mr. President, 9 can you please recognize Senator Libous. 10 ACTING PRESIDENT BRESLIN: 11 Senator Libous. 12 SENATOR LIBOUS: Thank you, 13 Mr. President. 14 On behalf of Senator Fuschillo, on 15 page number 33 I offer the following 16 amendments to Calendar Number 1277, Senate 17 Print 8121, and ask that said bill retain its 18 place on the Third Reading Calendar. 19 ACTING PRESIDENT BRESLIN: So 20 ordered. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe there's a report of the Rules 24 Committee at the desk. I move we adopt the 25 report at this time.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: There 2 is, Senator Klein, a report of the Rules 3 Committee at the desk. 4 The Secretary will read. 5 THE SECRETARY: Senator Smith, 6 from the Committee on Rules, reports the 7 following bills: 8 Senate Print 6601A, Senate Budget 9 Bill, an act making appropriations for the 10 support of government: LEGISLATURE AND 11 JUDICIARY BUDGET; 12 6603B, Senate Budget Bill, an act 13 making appropriations for the support of 14 government: EDUCATION, LABOR AND FAMILY 15 ASSISTANCE BUDGET; 16 6604B, Senate Budget Bill, an act 17 making appropriations for the support of 18 government: HEALTH AND MENTAL HYGIENE BUDGET; 19 6607B, Senate Budget Bill, an act 20 to amend the Education Law; 21 6608B, Senate Budget Bill, an act 22 to amend the Public Health Law; 23 6610B, Senate Budget Bill, an act 24 to amend the Tax Law; 25 And Senate Print 8381, from the

Candyco Transcription Service, Inc. 1 Senate Committee on Rules, an act to repeal 2 Section 25-b of Part A of a chapter of the 3 Laws of 2010. 4 All bills ordered direct to third 5 reading. 6 ACTING PRESIDENT BRESLIN: All 7 those in favor of adopting the Rules Committee 8 report please signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT BRESLIN: The 14 Rules Committee report is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please go to a reading of the 18 supplemental calendar. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1286, Senate Budget Bill, Senate Print 6601A, 23 an act making appropriations for the support 24 of government: LEGISLATURE AND JUDICIARY 25 BUDGET.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Calendar Number 1286 is high and will be laid 3 aside for the day. 4 THE SECRETARY: In relation to 5 Calendar Number 1287, Senator C. Kruger moves 6 to discharge, from the Committee on Rules, 7 Assembly Bill Number 9703C and substitute it 8 for the identical Senate Bill Number 6603B, 9 Third Reading Calendar 1287. 10 ACTING PRESIDENT BRESLIN: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1287, Assembly Budget Bill, Assembly Print 14 Number 9703C, substituted earlier, an act 15 making appropriations for the support of 16 government: EDUCATION, LABOR AND FAMILY 17 ASSISTANCE BUDGET. 18 SENATOR STACHOWSKI: Lay it 19 aside. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 1288, Senate Budget Bill, Senate Print 6604B, 24 an act making appropriations for the support 25 of government: HEALTH AND MENTAL HYGIENE

Candyco Transcription Service, Inc. 1 BUDGET. 2 SENATOR STACHOWSKI: Lay it 3 aside. 4 SENATOR ROBACH: Lay it aside. 5 ACTING PRESIDENT BRESLIN: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 1289, Senate Budget Bill, Senate Print 6607B, 9 an act to amend the Education Law. 10 SENATOR STACHOWSKI: Lay it 11 aside. 12 ACTING PRESIDENT BRESLIN: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 1290, Senate Budget Bill, Senate Print 6608B, 16 an act to amend the Public Health Law. 17 SENATOR DIAZ: Lay it aside. 18 ACTING PRESIDENT BRESLIN: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 1291, Senate Budget Bill, Senate Print 6610B, 22 an act to amend the Tax Law. 23 ACTING PRESIDENT BRESLIN: The 24 bill is high and is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1292, by the Senate Committee on Rules, Senate 2 Print 8381, an act to repeal Section 25-b of 3 Part A of a chapter of the Laws of 2010. 4 ACTING PRESIDENT BRESLIN: 5 Calendar Number 1292 is high and is laid aside 6 for the day. 7 Senator Klein, that completes the 8 reading of the noncontroversial calendar. 9 SENATOR KLEIN: Mr. President, 10 can we please stand at ease for just a few 11 moments. 12 ACTING PRESIDENT BRESLIN: The 13 Senate will stand at ease. 14 (Whereupon, the Senate stood at 15 ease at 3:46 p.m.) 16 (Whereupon, the Senate reconvened 17 at 4:40 p.m.) 18 ACTING PRESIDENT BRESLIN: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, at 21 this time I would like to call up Calendar 22 Number 1287, Senate Print 6603B on the 23 controversial supplemental calendar. 24 ACTING PRESIDENT BRESLIN: The 25 Secretary will ring the bell. Members are

Candyco Transcription Service, Inc. 1 asked to come to the chamber for the reading 2 of the controversial supplemental calendar. 3 The Secretary will place Calendar 4 Number 1287 before the house. 5 THE SECRETARY: Calendar Number 6 1287, substituted earlier today, Assembly 7 Budget Bill, Assembly Print Number 9703C, an 8 act making appropriations for the support of 9 government: EDUCATION, LABOR AND FAMILY 10 ASSISTANCE BUDGET. 11 SENATOR DeFRANCISCO: 12 Explanation. 13 ACTING PRESIDENT BRESLIN: 14 Senator DeFrancisco has requested an 15 explanation, Senator Kruger. 16 SENATOR CARL KRUGER: Thank you 17 very much, Mr. President. 18 This budget bill is the Education, 19 Labor and Family Assistance portion of the 20 budget. In principle, the overall impact on 21 education, labor and family assistance 22 appropriates $27.6 billion from the General 23 Fund. This is $623 million or 2.3 percent 24 more than was proposed by the Governor and 25 $29.4 million or 0.1 percent more than the

Candyco Transcription Service, Inc. 1 state fiscal year of 2009-2010. 2 The Education, Labor and Family 3 Assistance Budget appropriates $61 billion on 4 an All Funds basis for the state fiscal year 5 2010-2011. This is $3.49 billion or 6 percent 6 more than proposed by the Governor, but 7 $4.6 billion or 7.5 percent less than state 8 fiscal year 2009-2010. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Kruger. 11 Senator DeFrancisco. 12 SENATOR DeFRANCISCO: Would 13 Senator Kruger yield to a couple of questions. 14 ACTING PRESIDENT BRESLIN: 15 Senator Kruger, will you yield to a couple of 16 questions from Senator DeFrancisco? 17 SENATOR CARL KRUGER: Yes, I do, 18 Mr. President. 19 ACTING PRESIDENT BRESLIN: You 20 may proceed. 21 SENATOR DeFRANCISCO: Senator 22 Kruger, since there's several budget bills -- 23 and I guess that four of them are live for 24 today, and a couple of them are high -- just 25 some general questions about the process.

Candyco Transcription Service, Inc. 1 This particular group of budget bills, if 2 passed today and tomorrow -- all of them are 3 on the supplemental calendar -- is it the 4 position of -- 5 ACTING PRESIDENT BRESLIN: Excuse 6 me, Senator DeFrancisco. 7 May we have some quiet, please. 8 Take your conversations in the hallway. 9 SENATOR DeFRANCISCO: -- is it 10 the position of the Majority that that would 11 be a total budget at that point in time? 12 SENATOR CARL KRUGER: Yes, it 13 would be. 14 SENATOR DeFRANCISCO: Okay. 15 Senator Kruger, would you yield to another 16 question? 17 ACTING PRESIDENT BRESLIN: 18 Senator Kruger, do you yield? 19 SENATOR CARL KRUGER: Yes, I do, 20 Mr. President. 21 SENATOR DeFRANCISCO: Does that 22 mean we have met a critical mass? 23 ACTING PRESIDENT BRESLIN: 24 Senator Kruger. 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Mr. President, we've met a critical mass. 2 I've looked through my crystal ball and every 3 other acronym that you might want to come up 4 that I've used through this tortured process. 5 SENATOR DeFRANCISCO: All right. 6 Now, Senator Kruger, would you yield to 7 another question? 8 SENATOR CARL KRUGER: Yes, I do, 9 Mr. President. 10 ACTING PRESIDENT BRESLIN: 11 Senator Kruger continues to yield. 12 SENATOR DeFRANCISCO: Assuming 13 all of these budget bills pass, is it the 14 position of the Majority that this will be a 15 balanced budget where the revenues would be 16 sufficient to pay the cost of government as 17 set forth in these budget bills? 18 ACTING PRESIDENT BRESLIN: 19 Senator Kruger. 20 SENATOR CARL KRUGER: Through 21 you, Mr. President, as Molly Goldberg would 22 say, "What a question." Of course. 23 SENATOR DeFRANCISCO: That was 24 before my time. 25 SENATOR CARL KRUGER: Not before

Candyco Transcription Service, Inc. 1 mine. 2 ACTING PRESIDENT BRESLIN: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Would 5 Senator Kruger yield to another question. 6 ACTING PRESIDENT BRESLIN: Do you 7 continue to yield? 8 SENATOR CARL KRUGER: Yes, I do, 9 Mr. President. 10 ACTING PRESIDENT BRESLIN: You 11 may proceed. 12 SENATOR DeFRANCISCO: Now, the 13 Governor has made a substantial point about 14 the FMAP money, the billion dollars that is 15 being anticipated. Is that billion dollars 16 that's being anticipated, is that included in 17 the Majority's budget in order to balance the 18 budget? 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger. 21 SENATOR CARL KRUGER: Through 22 you, Mr. President, yes. 23 SENATOR DeFRANCISCO: Would 24 Senator Kruger yield to another question. 25 ACTING PRESIDENT BRESLIN: Do you

Candyco Transcription Service, Inc. 1 continue to yield? 2 SENATOR CARL KRUGER: Yes, I do, 3 Mr. President. 4 ACTING PRESIDENT BRESLIN: You 5 may proceed. 6 SENATOR DeFRANCISCO: Now, is 7 there any contingency in this budget of the 8 Senate majority and the Assembly majority that 9 would provide for a contingency in case that 10 FMAP money doesn't come in, in view of the 11 fact that it seems to be dead and, if alive, 12 only a portion of it may be voted upon -- 13 ACTING PRESIDENT BRESLIN: 14 Senator Kruger. 15 SENATOR DeFRANCISCO: -- by the 16 federal government? 17 SENATOR CARL KRUGER: Through 18 you, Mr. President. Obviously we can't deal 19 with speculation and conjecture. The budget 20 is balanced based upon using the FMAP as we 21 know it to be. There is no actual contingency 22 plan in the budget should it not be, but that 23 is an unanticipated situation. 24 SENATOR DeFRANCISCO: Senator 25 Kruger, could you tell me if the majority

Candyco Transcription Service, Inc. 1 party in each house has gotten any kind of 2 indication that it is likely that this 3 $1 billion of FMAP money will be available? 4 ACTING PRESIDENT BRESLIN: 5 Senator Kruger, do you continue to yield? 6 SENATOR CARL KRUGER: Through 7 you, Mr. President. Once again, we have faith 8 and confidence that our Congressional 9 delegation, which includes Senator Gillibrand 10 and Senator Schumer, have a keen understanding 11 of the importance of that money being part of 12 our budget plan, our fiscal plan. And based 13 upon that, that's the representation that's 14 being made. 15 SENATOR DeFRANCISCO: Would 16 Senator Kruger yield to another question. 17 SENATOR CARL KRUGER: Yes, I do, 18 Mr. President. 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger yields. 21 SENATOR DeFRANCISCO: Senator 22 Kruger, assuming that this entire budget 23 passes today and tomorrow, the legislative 24 budget, can you tell me what the total amount 25 of spending -- that means All Funds

Candyco Transcription Service, Inc. 1 spending -- would be for this year, this 2 budget year coming up that's covered by this 3 budget? 4 ACTING PRESIDENT BRESLIN: 5 Senator Kruger. 6 SENATOR CARL KRUGER: Through 7 you, Mr. President, no, we do not have the 8 number. 9 ACTING PRESIDENT BRESLIN: 10 Senator DeFrancisco. 11 SENATOR DeFRANCISCO: Senator 12 Kruger, would you yield to another question? 13 SENATOR CARL KRUGER: Yes, I do, 14 Mr. President. 15 ACTING PRESIDENT BRESLIN: 16 Senator Kruger yields. 17 SENATOR DeFRANCISCO: Senator 18 Kruger, if you don't know the total amount of 19 spending in this budget, how do you know the 20 budget is balanced by the amount of revenues 21 that are projected from the revenue bill 22 that's going to be voted on later? 23 ACTING PRESIDENT BRESLIN: 24 Senator Kruger. 25 SENATOR CARL KRUGER: Through

Candyco Transcription Service, Inc. 1 you, Mr. President, we will compute the 2 number, the spending plan, as well as the 3 revenue plan, and I will have those numbers 4 available for you within several hours. 5 SENATOR DeFRANCISCO: Now, 6 Senator Kruger, would you yield to another 7 question. 8 ACTING PRESIDENT BRESLIN: 9 Senator Kruger, do you yield? 10 SENATOR CARL KRUGER: Yes, I do, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: 13 Senator Kruger yields. 14 SENATOR DeFRANCISCO: We've 15 talked about the 2007 reform bill that has 16 obviously not been followed the last couple of 17 years. But there is a requirement by Section 18 54A of that bill, sunshine reporting: 19 "Preceding final action on all such 20 appropriation bills, members must be provided 21 with a comprehensive cumulative report 22 relating to all budget bills and legislation." 23 Do we have that right now as we're 24 about ready to vote for these bills? 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Kruger. 2 SENATOR CARL KRUGER: Through 3 you, Mr. President. Well, firstly, since we 4 haven't voted on all the appropriation bills 5 yet, then that would be not available. We 6 will certainly have it available after all the 7 appropriation bills are finalized by vote. 8 SENATOR DeFRANCISCO: Would 9 Senator Kruger yield to another question. 10 SENATOR CARL KRUGER: Yes, I do, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: 13 Senator Kruger yields. 14 SENATOR DeFRANCISCO: So you're 15 saying that before a vote may be taken on the 16 budget, we will not have that requirement of 17 sunshine reporting that's in that reform bill 18 of 2007. 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger. 21 SENATOR CARL KRUGER: Through 22 you, Mr. President. Firstly, the document 23 that you're talking about is for the 24 appropriation bill. The final appropriation 25 bill is high and will not be voted on today.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Will 2 Senator Kruger yield to another question. 3 ACTING PRESIDENT BRESLIN: 4 Senator Kruger? 5 SENATOR CARL KRUGER: Yes, I do, 6 Mr. President. 7 ACTING PRESIDENT BRESLIN: 8 Senator Kruger yields. 9 SENATOR DeFRANCISCO: Are you 10 saying that we will have that report, the 11 sunshine report, prior to voting on the 12 appropriations bill? 13 ACTING PRESIDENT BRESLIN: 14 Senator Kruger. 15 SENATOR CARL KRUGER: Through 16 you, Mr. President, I don't know whether it's 17 a sunshine report or a report, but you will 18 have the information available. 19 SENATOR DeFRANCISCO: Before we 20 vote on the appropriation bill, is that 21 correct? 22 ACTING PRESIDENT BRESLIN: Do you 23 continue to yield, Senator Kruger? 24 SENATOR CARL KRUGER: Yes, I do, 25 Mr. President.

Candyco Transcription Service, Inc. 1 Before the final appropriation 2 bill, yes. 3 SENATOR DeFRANCISCO: Okay. In 4 addition, would you answer another question, 5 please. 6 SENATOR CARL KRUGER: Yes, I do, 7 Mr. President. 8 ACTING PRESIDENT BRESLIN: 9 Senator Kruger yields. 10 SENATOR DeFRANCISCO: The budget 11 Reform Act of 2007 also requires that before a 12 vote may be taken on a budget bill, all 13 members must have a report on their desk that 14 clearly summarizes the legislative changes to 15 the executive budget. And it goes on to 16 identify revisions in spending, revisions in 17 revenue, workforce changes. 18 In accordance with that reform act, 19 do we have that document available? 20 ACTING PRESIDENT BRESLIN: 21 Senator Kruger. 22 SENATOR CARL KRUGER: Through 23 you, Mr. President, no. 24 SENATOR DeFRANCISCO: I have 25 other questions on the appropriations bill,

Candyco Transcription Service, Inc. 1 but I'll wait to the appropriate time. I have 2 no further questions of Senator Kruger. 3 On the bill, very briefly. 4 ACTING PRESIDENT BRESLIN: 5 Senator DeFrancisco, on the bill. 6 SENATOR DeFRANCISCO: You know, 7 I've said this before and it sounds like a 8 broken record. I'll say it one last time, 9 maybe. And that is that we have a legislation 10 that talks about a certain procedure to make 11 this process work better. And we used that 12 process in 2008 and were successful in a 13 timely budget, and we provided the documents 14 that were required when we were in the 15 majority and so forth. 16 This whole bill was ignored last 17 year. It was ignored again this year. And 18 it's no doubt part of the reason why we have 19 this problem we're having right now. And it's 20 a problem not only in practice or in procedure 21 but also in some of the things that are going 22 to happen as a way of -- by these bills, 23 including the tax increases, the spending 24 increases and the like. 25 And to be put in a position when we

Candyco Transcription Service, Inc. 1 don't have these reports that are required by 2 law before we vote on any budget bill is just 3 simply wrong. 4 I read a lot. I read a lot. But I 5 don't read this much in this short a time. 6 And there's no way anybody can conceivably 7 analyze each provision of the bill and do it 8 in a proper way. And the summaries are there 9 for that reason, or should be there for that 10 reason, and it's required by law. 11 In addition, I have no idea how 12 anybody can say that a budget is balanced when 13 we cannot find out the total spending in the 14 budget. Now, does that make any sense to 15 anybody? It's balanced, but we can't tell you 16 how much is being spent; we'll let you know 17 later. It makes no sense. 18 In addition, the Governor is right 19 that you can't rely on money that isn't there. 20 There's restorations being made and no 21 corresponding revenue or cuts, better yet, to 22 deal with those increases in spending. In 23 fact, Senator Kruger has told us that this 24 spends 6 percent more than the Governor's 25 budget. So there's increases in spending and

Candyco Transcription Service, Inc. 1 there's no corresponding increases in revenue 2 sources or, better yet, spending cuts. 3 And along these same lines, we are 4 in a situation where we can't possibly balance 5 a budget without the two sides spending and 6 appropriations being the same. 7 Lastly, no one believes, truly 8 believes that the billion dollars in FMAP 9 money is something we can rely on. Senator 10 Kruger says it's speculation to speculate 11 about whether it comes in or will not come in 12 or speculate that it might not come in. 13 That's not speculation. We should assume it's 14 not going to come in. And in the event it 15 does, then we're in better shape. 16 You can't rely on hope that maybe 17 your family is going to get a second job, one 18 of the members of the family is going to get a 19 second job so they can pay additional 20 spending. It's the same thing here. And 21 especially when the total FMAP plan has been 22 rejected and a new proposal of about 23 50 percent of the amount that was originally 24 thought is being -- was being discussed and 25 still is tabled.

Candyco Transcription Service, Inc. 1 So it's totally unreasonable to be 2 in a position to rely on that money. You just 3 don't do that by sound financial principles. 4 So for that reason, I'm going to vote no on 5 these bills, and we'll talk more about the 6 specifics of each bill by other members. 7 Thank you, Mr. President. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator DeFrancisco. 10 Senator Flanagan, on the bill. 11 SENATOR FLANAGAN: Thank you, 12 Mr. President. Would Senator Kruger yield to 13 some questions, please. 14 ACTING PRESIDENT BRESLIN: 15 Senator Kruger, will you yield to Senator 16 Flanagan? 17 SENATOR CARL KRUGER: Yes, I do, 18 Mr. President. 19 ACTING PRESIDENT BRESLIN: You 20 may proceed. 21 SENATOR FLANAGAN: Thank you, 22 Mr. President. 23 Senator Kruger, I join and concur 24 in the remarks of my colleague Senator 25 DeFrancisco, but I'd like to be a little bit

Candyco Transcription Service, Inc. 1 little more isolated in my approach and speak 2 to the education portion of this budget, if 3 that's possible. 4 And, Mr. President, I would ask for 5 a slight modicum of latitude here because 6 there are two education bills, and there are 7 separate parts, but I'll try and keep my 8 remarks on both as it relates to this bill. 9 Senator Kruger, how many 10 restorations, how much dollar restorations are 11 there in the education budget? 12 ACTING PRESIDENT BRESLIN: 13 Senator Kruger. 14 SENATOR CARL KRUGER: Through 15 you, Mr. President, this budget restores 16 $600 million to a $1.4 billion cut proposed by 17 the Governor. 18 ACTING PRESIDENT BRESLIN: 19 Senator Flanagan. 20 SENATOR FLANAGAN: If Senator 21 Kruger would continue to yield. 22 SENATOR CARL KRUGER: Yes, I do, 23 Mr. President. 24 SENATOR FLANAGAN: Senator 25 Kruger, I have in front of me the bill that we

Candyco Transcription Service, Inc. 1 are discussing, which is amongst the pile of 2 bills, approximately 840 pages. Is there a 3 property tax cap in this bill? 4 ACTING PRESIDENT BRESLIN: 5 Senator Kruger. 6 SENATOR CARL KRUGER: Through 7 you, Mr. President, no, there is not. 8 SENATOR FLANAGAN: Would Senator 9 Kruger continue to yield. 10 SENATOR CARL KRUGER: Yes, I do. 11 ACTING PRESIDENT BRESLIN: He 12 continues to yield. 13 SENATOR FLANAGAN: In this 14 840-page bill, is there a ban on unfunded 15 mandates? 16 ACTING PRESIDENT BRESLIN: 17 Senator Kruger. 18 SENATOR CARL KRUGER: Through 19 you, Mr. President, not in that bill. But in 20 the Article 7 language there is provision to 21 bar unfunded mandates, yes. 22 ACTING PRESIDENT BRESLIN: 23 Senator Flanagan. 24 SENATOR FLANAGAN: That's in the 25 next bill.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Right. 2 SENATOR FLANAGAN: Mr. President, 3 would Senator Kruger continue to yield. 4 SENATOR CARL KRUGER: Yes, I do, 5 Mr. President. 6 ACTING PRESIDENT BRESLIN: 7 Senator Kruger yields. 8 SENATOR FLANAGAN: Again 9 referring to this bill we have before us, is 10 there any increase or restoration for library 11 aid? 12 SENATOR CARL KRUGER: No. 13 ACTING PRESIDENT BRESLIN: 14 Senator Flanagan. 15 SENATOR FLANAGAN: Would Senator 16 Kruger continue to yield. 17 SENATOR CARL KRUGER: Yes, I do. 18 ACTING PRESIDENT BRESLIN: 19 Senator Kruger continues to yield. 20 SENATOR FLANAGAN: Senator 21 Kruger, I'm looking at and listening to your 22 discussion about the numbers, and I know we're 23 all going to have to go home at some point and 24 try and explain to our school boards, our 25 superintendents and, more importantly, our

Candyco Transcription Service, Inc. 1 constituents and taxpayers, some of the 2 actions that have been taken here. 3 In this education position of the 4 budget, could you explain to me the 5 $95 million cut to school districts for data 6 issues? 7 SENATOR CARL KRUGER: Through 8 you, Mr. President, it's a complicated answer, 9 so I'll take it in pieces. 10 Through you, Mr. President, we 11 froze the November database at $95 million. 12 There's a $60 million MTA payroll tax 13 reimbursement for school districts that 14 we're -- and $35 million, an added $35 million 15 to the main database. 16 SENATOR FLANAGAN: Mr. President, 17 will Senator Kruger continue to yield. 18 SENATOR CARL KRUGER: Yes, I do. 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger continues to yield. 21 SENATOR FLANAGAN: Senator 22 Kruger, the $95 million that I'm referring to 23 definitely deals, as you said, with the 24 November data. And basically our school 25 districts and ultimately our taxpayers have

Candyco Transcription Service, Inc. 1 expected that their aid would be reflective of 2 their enrollment, of their programmatic 3 changes, particularly as it relates to the 4 area of special education, which is one of the 5 most challenging issues for every district in 6 the State of New York. 7 So the expectation would be that as 8 the data changes, that that would be reflected 9 in the aid that they're going to receive. 10 You and your colleagues in the 11 Democratic majority have now chosen to freeze 12 that data, which in reality is a $95 million 13 cut to school districts tantamount to them 14 being told you had an expense-driven aid but 15 guess what, now you don't have it anymore. 16 Unless I'm missing some portion of the 17 language, this doesn't have anything to do 18 with the MTA payroll tax. This is strictly 19 tied to data that affects school districts. 20 And I actually took a look at 21 couple of examples. So just if I could 22 illustrate, I looked at Connetquot School 23 District. The restoration over the Governor's 24 cuts was roughly $1.37 million, but now 25 $742,000 of that is going to be taken away.

Candyco Transcription Service, Inc. 1 That's just one district in Suffolk County. 2 Central Islip, they were going to 3 get a restoration of roughly $2.1 million, but 4 now you've taken $830,000 of that back. 5 Buffalo, they were going to get a 6 $7.3 million restoration, but now you've taken 7 $1.3 million of that back. 8 So the reason I'm asking these 9 questions is because when we go home we're 10 going to have to explain the nuances and 11 details. So could you enlighten me as to why 12 you made reference to the MTA payroll tax 13 when, in my review of this, it has absolutely 14 nothing to do with it? 15 ACTING PRESIDENT BRESLIN: 16 Senator Kruger. 17 SENATOR CARL KRUGER: Mr. 18 President, the $60 million MTA payroll tax, 19 plus the $35 million bump, collectively is the 20 $95 million that we're talking about. As an 21 offset. 22 SENATOR FLANAGAN: As an offset 23 to what? 24 SENATOR CARL KRUGER: To the 25 $95 million cut.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: Where exactly 2 is the portion that you're referencing as it 3 relates to the MTA? Let me preface it by 4 saying this -- 5 ACTING PRESIDENT BRESLIN: 6 Senator Kruger, do you continue to yield? 7 SENATOR CARL KRUGER: Please, 8 through you, Mr. President, can you be more 9 specific? 10 SENATOR FLANAGAN: Yes, I can. I 11 have a list right here that certainly you have 12 and your staff has that is provided to us by 13 the State Education Department. Here's the 14 $95 million in cuts. It doesn't say MTA. It 15 doesn't say anything about the MTA. This is 16 $95 million statewide. 17 I referenced a number in Buffalo. 18 I referenced two numbers in Suffolk County. 19 This is a statewide hit to school districts. 20 The MTA, the $60 million, that should be 21 complete separate and have actually nothing to 22 do with this. 23 So my specific question is when I'm 24 looking at this list of $95 million statewide, 25 can you express to me where the MTA language

Candyco Transcription Service, Inc. 1 is in this bill that relates to your 2 contention? 3 SENATOR CARL KRUGER: Through 4 you, Mr. President. Once again, the 5 $60 million that was restored to the budget, 6 to the MTA portion, plus the $35 million bump, 7 collectively offsets the $95 million cut. 8 ACTING PRESIDENT BRESLIN: 9 Senator Flanagan. 10 SENATOR FLANAGAN: Mr. President, 11 would Senator Kruger continue to yield. 12 ACTING PRESIDENT BRESLIN: 13 Senator Kruger, will you continue to yield? 14 SENATOR CARL KRUGER: Yes, I do. 15 ACTING PRESIDENT BRESLIN: 16 Senator Kruger yields. 17 SENATOR FLANAGAN: I can just 18 speak for the districts that I represent. No 19 one is going to look and say, "Oh, that 20 $60 million for the MTA payroll tax is an 21 offset." That's something they expected. And 22 there were lots of people on the other side 23 who talked about restoring that money for 24 school districts. 25 What's the $35 million? What's

Candyco Transcription Service, Inc. 1 that bump that you're referring to? 2 SENATOR CARL KRUGER: Through 3 you, Mr. President, there is an additional 4 update to the May database that drives to the 5 school districts the additional $35 million. 6 SENATOR FLANAGAN: So would it be 7 fair to say that your contention is that -- 8 ACTING PRESIDENT BRESLIN: 9 Senator Kruger, do you continue to yield? 10 SENATOR CARL KRUGER: Yes, I do. 11 SENATOR FLANAGAN: Would it be 12 fair to say that your contention is that 13 there's no $95 million cut at all? 14 SENATOR CARL KRUGER: Through 15 you, Mr. President, no, let's not twist or 16 confuse, but let's stay -- at least I want to 17 stay on point. There's a $95 million cut. 18 There's also, again, $60 million MTA, 19 $35 million readjustment of the May database. 20 Together, $95 million. $95 million is driven 21 back in to offset the $95 million cut. 22 ACTING PRESIDENT BRESLIN: 23 Senator Flanagan. 24 SENATOR FLANAGAN: Mr. President, 25 would Senator Kruger continue to yield.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Do you 2 continue to yield, Senator Kruger? 3 SENATOR CARL KRUGER: Yes, I do, 4 Mr. President. 5 SENATOR FLANAGAN: Senator, I 6 would appreciate -- to avoid any further 7 twisting or confusion, I just want to ask you 8 about summer school. 9 The Governor's proposal under his 10 budget cuts $68 million to school districts 11 for summer school special education. Again, I 12 will remind you, as you know, that this is a 13 very troubling area for school districts 14 across the State of New York. Their costs go 15 up exponentially, and the actions that you're 16 taking here certainly aren't going to make it 17 any easier. 18 The Governor proposed making that 19 cut. And now could you explain how you've 20 modified that or changed it? Because I'll 21 give you my reading of it. Basically, you're 22 pushing it off. Somehow everyone is assuming 23 that there will be a $68 million savings to 24 the State of New York. But I can tell you, in 25 the practical reality, school districts are

Candyco Transcription Service, Inc. 1 going to say huh-uh, huh-uh. That's a 2 $68 million cut, and it goes right to the 3 heart of the special ed programs. And that's 4 like standing on a land mine when you do 5 something like that. 6 So when you push that off, it now 7 sounds like what school districts are going to 8 have to do is have this thing called the Race 9 to the Top. In order to get your money, 10 you've got to get your application in, you've 11 got to be first in line, you've got to be 12 faster, better, quicker than everybody else. 13 Why would we want to do something 14 like that, or why would you advocate something 15 like that when this should be a program that's 16 funded and paid for on the merits and done so 17 in a timely fashion? 18 ACTING PRESIDENT BRESLIN: 19 Senator Kruger. 20 SENATOR CARL KRUGER: Through 21 you, Mr. President. For a moment, let's just 22 reflect and remember that we restored 23 $600 million of a $1.4 billion cut that was 24 proposed by the Governor, $600 million of a 25 $1.4 billion cut.

Candyco Transcription Service, Inc. 1 So we want to look at this 2 education budget, we should look at it in the 3 context that today we are able to vote on an 4 education budget that restores $600 million of 5 a $1.4 billion cut. 6 SENATOR FLANAGAN: Mr. President, 7 would Senator Kruger continue to yield. 8 SENATOR CARL KRUGER: Yes, I do. 9 ACTING PRESIDENT BRESLIN: 10 Senator Kruger yields. 11 SENATOR FLANAGAN: Appreciate the 12 comment. Now if you could just answer my 13 question, that would be helpful. 14 SENATOR CARL KRUGER: Yes, I do. 15 Please excuse me. Through you, 16 Mr. President, can you repeat the question, 17 Senator Flanagan? 18 SENATOR FLANAGAN: I'll try and 19 be as concise as possible. The point I'm 20 trying to make and the question I'm asking you 21 is, how can you justify this portion of the 22 education budget, which is a $68 million hit? 23 Regardless of the restoration that you're 24 speaking of, I'm focusing on a particular 25 part.

Candyco Transcription Service, Inc. 1 And what's going to happen is 2 school districts are now going to be in a 3 perverse, ridiculous competition to apply for 4 funds for special education programs. That's 5 not the way it's supposed to be. That's not 6 the way these programs are supposed to run. 7 And certainly it's not going to make school 8 districts' life any easier. 9 My question is, why would you adopt 10 an approach like that full well knowing that 11 it's going to create all kind of havoc? 12 ACTING PRESIDENT BRESLIN: 13 Senator Kruger. 14 SENATOR CARL KRUGER: Okay. In 15 order to address some of that concern, 16 $395 million is going to be driven back to the 17 school districts for special needs in order to 18 address some of that concern in this budget. 19 IDEA, to be exact. 20 ACTING PRESIDENT BRESLIN: 21 Senator Flanagan. 22 SENATOR FLANAGAN: Mr. President, 23 on the bill. 24 Thank you, Senator Kruger. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Flanagan, on the bill. 2 SENATOR FLANAGAN: Senator Kruger 3 wanted to talk about the macro effect of what 4 we're discussing here, and I'd like to do the 5 same thing. Because I know what's going to 6 happen, people are going to go out and they're 7 going to tout certain things that are being 8 done here today. But if we are going to be 9 fair, we have to go back and explain to people 10 exactly what these proposals do on day-to-day 11 activities affecting school districts and, 12 most importantly, the property taxpayers here 13 in the State of New York. 14 And we all talk about it, the 15 overburdened property taxpayer. Now, I see 16 Senator Oppenheimer is in the chamber, and 17 we've had these types of discussions before. 18 We talked about some of the things 19 that are in the bill. Let's talk about some 20 of the things that are not in the bill. 21 There's no ban on unfunded mandates. How we 22 could come up with a budget and not actually 23 do something in that area is almost beyond my 24 comprehension. 25 Looking at things that were

Candyco Transcription Service, Inc. 1 proposed by the Governor: Establishing a 2 regulatory review process through the State 3 Education Department -- rejected. Regional 4 student transportation allowing districts to 5 work together to save money -- rejected. 6 Access to employee benefit accrued liability 7 reserve funds -- a pot of money worth over 8 $400 million to school districts -- rejected. 9 There's no mandate relief in this 10 budget at all. And here's where the problem 11 really lies when we talk about this. This 12 education budget has $726 million of federal 13 funding to help close some of the gap. So if 14 we really want to be fair, everyone should let 15 their districts know that the gap is actually 16 $726 million more and the largesse from the 17 federal government has helped all of us out. 18 The problem is it's not going to be there next 19 year, and you haven't done anything to help 20 school districts prepare. 21 When it's hard to find money, you 22 have to find other ways to help people. And 23 you're not finding ways to help people here. 24 And some of the programs that are 25 being talked about -- the $95 million that I

Candyco Transcription Service, Inc. 1 referenced, the $68 million in special ed -- 2 those are things that are largely going to 3 really adversely affect our property 4 taxpayers. If there had been some, some 5 meaningful mandate relief, we could have put 6 the onus back on school districts as we move 7 ahead. 8 Paperwork reduction. Why should it 9 be hard to do something that simple? Using 10 those liability reserve funds. Those monies 11 have been determined to be excess by not us, 12 but by the Comptroller of the State of New 13 York. We let them use the money, they can 14 reduce their tax levy, help the property 15 taxpayer. But you didn't want to do that. 16 Regional transportation. Come on. School 17 districts can get together and save money, 18 pool their resources. 19 How can we go back and how can you 20 stand there and advocate for a budget that 21 doesn't do any of this? Because with the 22 economic crisis that we have here in the State 23 of New York, if it's not going to be done now, 24 it's just not going to happen. 25 Now, this is a two-way compromise.

Candyco Transcription Service, Inc. 1 It's the Senate and the Assembly. And I know, 2 Senator Oppenheimer, we spoke last year that 3 the Assembly was that the one that you blamed, 4 and I agree with you. 5 ACTING PRESIDENT BRESLIN: Excuse 6 me, Senator Flanagan. 7 Senator Kruger, why do you rise? 8 SENATOR CARL KRUGER: Mr. 9 President, if I can just -- point of 10 information. 11 Senator Flanagan pointed to the 12 bills that we're talking about. Well, there 13 is a Regional Transportation Pilot Program 14 which addresses some of the concerns that he's 15 talking about. And there is a Paperwork 16 Reduction Act, another one of the proposals 17 that is part of language that he's talking 18 about. 19 So in essence some of that mandate 20 relief that you're talking about has been 21 addressed in these Article 7 language. 22 Thank you, Mr. President. 23 ACTING PRESIDENT BRESLIN: 24 Senator Flanagan. 25 SENATOR FLANAGAN: Thank you.

Candyco Transcription Service, Inc. 1 When we go back, I want to be able 2 to say that we've enacted a meaningful 3 property tax cap, that we've come up with ways 4 for school districts to save money. And I 5 just gave some examples in Connetquot, in 6 Buffalo, in Westbury, where people are saying 7 we're going to restore money, and then you're 8 pulling the rug out from underneath those 9 school districts. 10 And I'll close on this point. Last 11 year several of my colleagues -- Senator 12 Johnson, Senator Foley -- they voted for a 13 budget that provided only 5 percent of the 14 increase in education aid to Long Island. We 15 got shortchanged on the increase in 16 educational funding. This year we're getting 17 15 percent of the cut. I would much rather 18 have the reverse. I'd rather share in the 19 largesse than get disproportionately hit on 20 the pain. 21 So I am not going to vote for a 22 budget like this, even though there are some 23 nominally good things in here, because you 24 have to look at the whole picture. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Flanagan. 3 Senator Saland, on the bill. 4 SENATOR SALAND: Thank you, 5 Mr. President. Would Senator Kruger yield, 6 please. 7 ACTING PRESIDENT BRESLIN: 8 Senator Kruger will you yield to Senator 9 Saland? 10 SENATOR CARL KRUGER: Yes, I do, 11 Mr. President. With the indulgence of Senator 12 Saland, I would just like to point out that on 13 today's active list another one of the 14 concerns that Senator Flanagan had about the 15 employee liability benefit, that is part of 16 our active list, the EBALR bill. 17 Thank you, Mr. President. Yes, 18 Senator. 19 SENATOR SALAND: Thank you, 20 Senator Kruger. 21 Senator Kruger, I'd like to go back 22 and revisit the exchange that you had with 23 Senator Flanagan. I think the term that was 24 used was past due claims. And in some 25 instances those are known as data bumps.

Candyco Transcription Service, Inc. 1 You know how often the SED takes a 2 look at changes in data? 3 SENATOR CARL KRUGER: Yes. 4 SENATOR SALAND: And when might 5 that be? 6 SENATOR CARL KRUGER: November -- 7 through you, Mr. President, November, February 8 and May. 9 SENATOR SALAND: And September. 10 SENATOR CARL KRUGER: And 11 September. 12 ACTING PRESIDENT BRESLIN: 13 Senator Saland. 14 SENATOR SALAND: If Senator 15 Kruger would continue to yield. 16 And what is the purpose, if you 17 know, of those reviews, those quarterly 18 reviews? 19 SENATOR CARL KRUGER: Through 20 you, Mr. President, to update the database 21 periodically for school district claims. 22 SENATOR SALAND: If the Senator 23 will continue to yield. 24 SENATOR CARL KRUGER: Yes, I do. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Kruger yields. 2 SENATOR SALAND: So that, for 3 example, as was cited by Senator Flanagan, if 4 suddenly you've taken on perhaps a larger 5 special ed population than you had anticipated 6 initially when you had adopted the budget, or 7 perhaps there were transportation issues that 8 didn't exist at the time that you originally 9 contemplated your aid, perhaps there are 10 building aid issues -- are those the kinds of 11 things that get considered when we do these 12 database adjustments? 13 SENATOR CARL KRUGER: Yes. 14 ACTING PRESIDENT BRESLIN: 15 Senator Saland. 16 SENATOR SALAND: Will the Senator 17 continue to yield. 18 SENATOR CARL KRUGER: Yes, I do. 19 SENATOR SALAND: And there are 20 instances, are there not, where in fact in the 21 determination is made that you may have in 22 fact received more aid than you were supposed 23 to receive, and as a result of which your aid 24 may be adjusted downward? 25 SENATOR CARL KRUGER: Yes.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Senator Saland. 3 SENATOR SALAND: Do you know 4 how -- if the Senator will continue to yield. 5 SENATOR CARL KRUGER: Yes, I do. 6 SENATOR SALAND: Do you have any 7 idea how much money in data bumps were 8 downward data bumps and how much money were 9 upward data bumps? 10 ACTING PRESIDENT BRESLIN: 11 Senator Kruger. 12 SENATOR CARL KRUGER: Through 13 you, Mr. President. Again, varying through 14 school district, they may have had a bump up 15 of $35 million. But obviously it's a moving 16 target, it's very fluid. 17 SENATOR SALAND: If the Senator 18 will continue to yield. 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger, do you continue to yield? 21 SENATOR CARL KRUGER: Yes, I do, 22 Mr. President. 23 ACTING PRESIDENT BRESLIN: He 24 yields. 25 SENATOR SALAND: As we stand here

Candyco Transcription Service, Inc. 1 today, can you share with me the sum total of 2 the upward bumps and the downward bumps? How 3 much in each category? 4 SENATOR CARL KRUGER: Through 5 you, Mr. President. Certainly data is 6 available. We'll compile it and get it back 7 to you. 8 SENATOR SALAND: Well, if I were 9 to tell you that there are $25 million in 10 downward bumps -- in other words, monies taken 11 back from schools -- and $94-plus million in 12 upward bumps, would that ring true with either 13 you or the members of your staff who are 14 helping you there? 15 ACTING PRESIDENT BRESLIN: 16 Senator Kruger. 17 SENATOR CARL KRUGER: Again, 18 through you, Mr. President, we have to check 19 the database. But obviously, if you've done 20 the analysis, then I take your word for it. 21 ACTING PRESIDENT BRESLIN: 22 Senator Saland. 23 SENATOR SALAND: Senator Kruger, 24 if you know -- 25 ACTING PRESIDENT BRESLIN: Will

Candyco Transcription Service, Inc. 1 you continue to yield, Senator Kruger? 2 SENATOR CARL KRUGER: Yes, I do. 3 SENATOR SALAND: Has there ever 4 been a budget in the history of anybody 5 sitting in this chamber today that did not 6 provide for past-due claims? 7 SENATOR CARL KRUGER: No. Not 8 that I'm aware of. Through you, Mr. 9 President, no. 10 SENATOR SALAND: And those 11 past-due claims, if you'll continue to 12 yield -- 13 ACTING PRESIDENT BRESLIN: Do you 14 continue to yield, Senator Kruger? 15 SENATOR CARL KRUGER: Yes, I do. 16 SENATOR SALAND: And those 17 past-due claims represent monies that schools 18 have expended anticipating, as they have in 19 every preceding year in the legislative life 20 span of everybody in this chamber, that they 21 would be paid. Is that not correct? 22 SENATOR CARL KRUGER: Through 23 you, Mr. President, yes. 24 But once again, you know, we're 25 talking about years where there was money as

Candyco Transcription Service, Inc. 1 opposed to a year, as today, where there is no 2 money. And part of what we accomplished with 3 our DRP was to provide for no midyear cuts, 4 and school districts anticipating that this 5 would be a very bad year. 6 SENATOR SALAND: If the Senator 7 would continue to yield. 8 SENATOR CARL KRUGER: Yes, I do, 9 Mr. President. 10 ACTING PRESIDENT BRESLIN: 11 Senator Kruger yields. 12 SENATOR SALAND: So you're 13 telling me, then, that school districts 14 anticipated that they were not going to get 15 their past-due claims paid, for the first time 16 in history, regardless of what kind of economy 17 we were going through? 18 SENATOR CARL KRUGER: Through 19 you, Mr. President. Senator Saland, you're 20 undoubtedly aware that many school districts, 21 if not most school districts, about 92 percent 22 are prepared for that very eventuality as they 23 cast their budgets. 24 ACTING PRESIDENT BRESLIN: 25 Senator Saland.

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Senator Kruger, 2 I'll ask you one more question and then I'll 3 go on the bill. 4 Is there a particular reason why 5 you disregarded the $94 million-plus in 6 incurred expenses as past-due claims that 7 school districts had every reasonable 8 expectation of receiving and yet at the same 9 time, on the other side, where runs were 10 adjusted downward, you took the downward 11 adjustment to the tune of $25 million? So you 12 hit them coming and going. 13 SENATOR CARL KRUGER: Through 14 you, Mr. President, I guess in the simplest 15 terms that I understand, we took them as 16 savings towards the $600 million of 17 restoration that we provided out of a 18 $1.4 billion cut that the Governor proposed. 19 SENATOR SALAND: Thank you. 20 On the bill, Mr. President. 21 ACTING PRESIDENT BRESLIN: 22 Senator Saland, on the bill. 23 SENATOR SALAND: Mr. President, 24 the simple fact of the matter here is that 25 what we are seeing is approximately

Candyco Transcription Service, Inc. 1 $120 million worth of what I will call 2 fudgery. We are willing to stick it to the 3 schools -- when I say "we," I mean those who 4 are going to be voting for this bill -- to the 5 tune of some $25 million, where, based upon 6 the data they presented to the Ed Department, 7 it was determined that there should be a 8 reduction in their aid. 9 Okay, we'll reduce your aid. But 10 we're going to turn a blind eye to those of 11 you who are entitled and, in every year within 12 the memory of anybody in this chamber, would 13 have received, for unanticipated increased 14 expenses, their past-due claims. So that's a 15 swing of about $120 million. 16 So basically what you're doing is 17 taking from Peter not to pay Paul but to pay 18 Peter. You've taken $120 million you've 19 ripped off the school districts for, and 20 you're now telling them you're doing them a 21 favor and you're going to give it back to 22 them. 23 Or, if you want to look at it 24 another way, the MTA tax, the one that you're 25 giving $60 million back to the MTA, you took

Candyco Transcription Service, Inc. 1 $59 million from the counties in the MTA by 2 not paying their past-due claims. 3 Talking about taking from Peter to 4 pay Peter. That's what you did. So you can 5 play with the numbers, you can say what you 6 want, but the data doesn't lie. You have just 7 stuck it to school districts in part the sole 8 purpose of which is to make them pay for your 9 assumed largesse. 10 I've served as Education chair, 11 I've been through many a budget, and I always 12 thought it grossly unjust to turn your back on 13 school districts that had incurred expenses 14 and anticipated being reimbursed. 15 There was not one scintilla of 16 notice. There was no expectation. There's 17 not anybody here who can possibly say that 18 their school superintendent came to them and 19 said, Oh, I know, we're going to toss out our 20 past-due claims. I meet with my 21 superintendents once or twice a year. Not a 22 hint, not the slightest hint. They knew it 23 was going to be a difficult year, and I told 24 them it was going to be a difficult year. And 25 I told them to hang onto their reserves as

Candyco Transcription Service, Inc. 1 best they could because next year is going to 2 be worse. 3 Because as Senator Flanagan pointed 4 out, this deficit for school districts, this 5 cut is really a $2.1 billion cut as proposed 6 by the Governor offset by $700-plus million in 7 federal aid. 8 So the reality is, ladies and 9 gentlemen, that you should not be patting 10 yourselves on the back without at least 11 acknowledging that you're making school 12 districts fund, out of their own expenses, 13 some of the very things that you're claiming 14 that you're magically producing for them. 15 Thank you, Mr. President. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Saland. 18 Are there any other Senators 19 wishing to be heard? 20 Hearing none, debate is closed. 21 The Secretary will ring the bells. 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 Flanagan, to explain his vote. 5 SENATOR FLANAGAN: Thank you, 6 Mr. President. I just want to explain my vote 7 and clarify, as Senator Kruger got up and 8 offered a point of information before. 9 I, like everybody else in this 10 chamber, we're constrained to be reading and 11 voting on the bills that are actually before 12 us. Now, I have a copy of the calendar here, 13 I have a copy of the Article 7 education bill, 14 I have a copy of the main education bill, 15 840 pages again. And I listened to Senator 16 Kruger say that I was wrong, that there is 17 paperwork reduction, that there is a regional 18 pilot program for student transportation. 19 And there's nothing. Having a 20 little time to double-check allowed me the 21 opportunity to make sure that I was accurate 22 in what I was saying. So as of now on this 23 calendar and -- even on the next active list 24 that we're seeing -- there is nothing that 25 deals with those issues.

Candyco Transcription Service, Inc. 1 So if I'm going to be voting on a 2 budget and making an informed judgment and it 3 says budget bill or budget bills, one of the 4 reasons I'm going to vote no is because there 5 is no substantive mandate relief whatsoever in 6 this budget. I believe I was accurate when I 7 said it the first time, and I believe I'm 8 accurate when I'm saying it again now. 9 I'm voting no. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Flanagan. You will be recorded 12 in the negative. 13 Senator Fuschillo, to explain his 14 vote. 15 SENATOR FUSCHILLO: Thank you 16 very much, Mr. President. 17 You know, it's a little shocking to 18 me that when Senator DeFrancisco asked the 19 question how much does this budget spend, 20 what's the total budget, he couldn't answer 21 the question. They're asking us to vote on a 22 budget but you can't tell us what the numbers 23 are going to be. 24 All I know is it cuts education 25 funding by nearly a billion dollars

Candyco Transcription Service, Inc. 1 anticipates $750 million that we don't have, 2 eliminates -- it wasn't even discussed -- the 3 funding for teacher centers. One of the 4 problematic school districts, Roosevelt School 5 District in my district slashed special 6 grants. 7 When you do all of that, you have 8 an 843-page tax bill, because that's what it 9 is. It's going to be one of the largest tax 10 bills that the taxpayers are going to see. 11 Because when you eliminate these fundings, the 12 only way to recoup them is to raise property 13 taxes on the local level. 14 Now, there were so many press 15 clippings from last year after the Democrats 16 enacted the largest spending increase and tax 17 increases, and they kept saying, Do we need 18 mandate relief, yes. There's no mandate 19 relief in any of this stuff. Do we need 20 relief to address property taxes? Yes. 21 There's no cap. And it goes on and on and on. 22 There's no property tax reform in 23 any of these budgets. It's a property tax 24 increase of significant proportions that 25 you're voting on.

Candyco Transcription Service, Inc. 1 I vote no, Mr. President. Thank 2 you. 3 ACTING PRESIDENT BRESLIN: 4 Senator Fuschillo to be recorded in the 5 negative. 6 Senator Saland, to explain his 7 vote. 8 SENATOR SALAND: Thank you, 9 Mr. President. 10 Mr. President, if my memory serves 11 me correctly, Governor Paterson in his budget 12 proposed a four-year moratorium on unfunded 13 mandates. I'm not aware of any mandate relief 14 that is contained in the Article 7 bill. I'll 15 certainly be happy to stand corrected. If 16 it's there, it's certainly minimal, minimal at 17 best. 18 Why in a time when school districts 19 are in such desperate need would we not 20 provide them with a modicum of justice, 21 equity, decency by giving them relief from 22 unfunded mandates? Is that such a hard thing 23 to do? Is that so foreign of a concept to 24 those of you who are determining this budget? 25 I mean, it is -- it's astounding to

Candyco Transcription Service, Inc. 1 me that in this climate you could not offer at 2 least mandate relief, that you outright reject 3 the Governor's proposal. 4 Mr. President, this is certainly as 5 challenging, if not more so, of a budget 6 process than we went through last year. The 7 results are every bit -- apparently in the 8 process of being every bit as ugly if not more 9 so. How anybody, man, woman or child, could 10 conduct their personal finances without 11 knowing how much is in their checkbook, or how 12 any business could operate writing checks -- 13 and I listened to the chairman of the Finance 14 Committee say we don't know how much the 15 revenue number is. 16 There is nobody, no business, no 17 entity on the face of this earth that could 18 possibly expect to succeed in any endeavor 19 operating in the way this budget is demanding 20 that we operate. 21 Mr. President, I vote in the 22 negative. 23 ACTING PRESIDENT BRESLIN: 24 Senator Saland to be recorded in the negative. 25 Senator Marcellino, to explain his

Candyco Transcription Service, Inc. 1 vote. 2 SENATOR MARCELLINO: For very 3 much the same reasons as some of my colleagues 4 have already spoken, I intend to vote no on 5 this particular bill. 6 It doesn't do what it says it's 7 going to do. It doesn't help the schools, it 8 doesn't provide property tax relief, it 9 doesn't provide mandate relief, it doesn't do 10 a lot of things. 11 And some of the numbers that were 12 touted by the chair of Finance simply don't 13 add up. The MTA restoration of $60 million 14 and the $95 million statewide give-back to the 15 schools, supposedly one and the same, are 16 actually two different numbers that are not 17 connected to each other. 18 So I begin to get confused. When 19 you read all of this stuff and you read the 20 bills, or try to -- and they're huge, and it's 21 difficult to read them all -- but just try to 22 pick apart what's there, the numbers don't add 23 up and we're not getting much of an 24 explanation from the Majority. 25 So based on that, I have no other

Candyco Transcription Service, Inc. 1 recourse than to vote no. 2 ACTING PRESIDENT BRESLIN: 3 Senator Marcellino will be recorded in the 4 negative. 5 Senator LaValle, to explain his 6 vote. 7 SENATOR LaVALLE: Thank you, 8 Mr. President. 9 This budget leaves a $4 billion 10 hole in both the State University and City 11 University budget and, with passage of this 12 bill, will send out a signal where chaos will 13 take place. Because rank-and-file members 14 will say, How can we have this huge hole and 15 continue to deal with the operations at our 16 great university systems? 17 Earlier we cut from the State 18 University some $500 million that has never 19 been retrieved. In place of that, the 20 Governor put forth something called PHEEIA, or 21 the empowerment legislation. There was never, 22 during the discussions and deliberations 23 during this budget period, for a Plan B or a 24 Plan C or some parts thereof. It was a 25 package PHEEIA, all or nothing.

Candyco Transcription Service, Inc. 1 And today we have chaos because 2 there were no other plans advanced, put forth 3 to this Legislature that would provide 4 something for them but not a $4 billion hole 5 to both systems. 6 Thank you. I vote no, 7 Mr. President. 8 ACTING PRESIDENT BRESLIN: 9 Senator LaValle to be recorded in the 10 negative. 11 Senator Ranzenhofer, to explain his 12 vote. 13 SENATOR RANZENHOFER: Thank you, 14 Mr. President. 15 It is amazing to me that with a 16 budget that is three months late that when you 17 ask the question "How much does it cost to run 18 the State of New York this year," the answer 19 is "I don't know." 20 I mean, no one would ever buy a 21 house, buy a car, buy an article of clothing, 22 buy a service without knowing how much it 23 costs. It just astounds me. And 840 pages 24 that no one on the other side -- when asked 25 the question "How much does it cost, how much

Candyco Transcription Service, Inc. 1 are we going to spend this year," the answer 2 is "I don't know." 3 I can't vote for a budget which I 4 believe is going to increase spending over 5 last year. And when someone answers the 6 question that "We don't know how much it 7 costs," I cannot support that type of 8 budgeting. 9 I'll be voting no, Mr. President. 10 ACTING PRESIDENT BRESLIN: 11 Senator Ranzenhofer to be recorded in the 12 negative. 13 Senator Nozzolio, to explain his 14 vote. 15 SENATOR NOZZOLIO: Thank you, 16 Mr. President. Mr. President and my 17 colleagues, the chairman of the Senate Finance 18 Committee can't tell us how much we're 19 spending in this budget. We've seen a total 20 discard for the Budget Reform Law of 2007. We 21 heard that we're spending 6 percent -- not we, 22 but the proponents of this budget are spending 23 6 percent more than the Governor's budget. 24 And there's no property tax cap. 25 New York State last year, after the

Candyco Transcription Service, Inc. 1 taxes, after the fees, after the exorbitant 2 spending that you on the other side of the 3 aisle enacted, we were number two in this 4 country for the highest taxes as a percentage 5 of income. 6 Well, congratulations. Because we 7 were just behind New Jersey, and with the 8 enactment of this budget and what we're seeing 9 happen in New Jersey with reforms and spending 10 cuts and an appropriate approach to budgeting, 11 New York State, thanks to the Democrats who 12 are running this Senate, thanks to the 13 Governor and thanks to the Assembly, is now 14 number one. Congratulations. 15 Mr. President, this is a horrible, 16 horrible situation. I vote no and implore all 17 my colleagues to oppose this budget. 18 ACTING PRESIDENT BRESLIN: 19 Senator Nozzolio will be recorded in the 20 negative. 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1287 are 24 Senators Alesi, Bonacic, DeFrancisco, Farley, 25 Flanagan, Fuschillo, Golden, Griffo, Hannon,

Candyco Transcription Service, Inc. 1 O. Johnson, Lanza, Larkin, LaValle, Leibell, 2 Libous, Little, Marcellino, Maziarz, McDonald, 3 Nozzolio, Padavan, Ranzenhofer, Robach, 4 Saland, Seward, Skelos, Volker, Winner and 5 Young. 6 Ayes, 32. Nays, 29. 7 ACTING PRESIDENT BRESLIN: The 8 bill is passed. 9 The Secretary will read. 10 THE SECRETARY: In relation to 11 Calendar Number 1288, Senator -- 12 ACTING PRESIDENT BRESLIN: 13 Senator Serrano. 14 SENATOR SERRANO: Mr. President, 15 I would like to call up Calendar Number 1289, 16 Senate Print 6607B on the controversial 17 calendar. 18 ACTING PRESIDENT BRESLIN: The 19 Secretary will read. 20 THE SECRETARY: In relation to 21 Calendar Number 1289, Senator Kruger moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 9707C and substitute it 24 for the identical Senate Bill Number 6607B, 25 Third Reading Calendar 1289.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: 2 Substitution ordered. 3 THE SECRETARY: Calendar Number 4 1289, Assembly Budget Bill, Assembly Print 5 Number 9707C, an act to amend the Education 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 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT BRESLIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1289 are 20 Senators Alesi, Bonacic, DeFrancisco, Farley, 21 Flanagan, Fuschillo, Golden, Griffo, Hannon, 22 O. Johnson, Lanza, Larkin, LaValle, Leibell, 23 Libous, Little, Marcellino, Maziarz, McDonald, 24 Nozzolio, Padavan, Ranzenhofer, Robach, 25 Saland, Seward, Skelos, Volker, Winner and

Candyco Transcription Service, Inc. 1 Young. 2 Ayes, 32. Nays, 29. 3 ACTING PRESIDENT BRESLIN: The 4 bill is passed. 5 Senator LaValle. 6 SENATOR LaVALLE: Mr. President, 7 how was I recorded on that vote? 8 ACTING PRESIDENT BRESLIN: In the 9 negative, Senator LaValle. 10 SENATOR LaVALLE: Thank you. 11 ACTING PRESIDENT BRESLIN: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, I 14 would like to call up Calendar Number 1288, 15 Senate Print 6604B on the controversial 16 calendar. 17 ACTING PRESIDENT BRESLIN: The 18 Secretary will read. 19 THE SECRETARY: In relation to 20 Calendar Number 1288, Senator Kruger moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 9704C and substitute it 23 for the identical Senate Bill Number 6604B, 24 Third Reading Calendar 1288. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Substitution ordered. 2 THE SECRETARY: Calendar Number 3 1288, Assembly Budget Bill, Assembly Print 4 Number 9704C, an act making appropriations for 5 the support of government: HEALTH AND MENTAL 6 HYGIENE BUDGET. 7 ACTING PRESIDENT BRESLIN: Are 8 there any Senators wishing to be heard? 9 SENATOR FUSCHILLO: Explanation. 10 ACTING PRESIDENT BRESLIN: 11 Senator Kruger, an explanation has been 12 requested by Senator Fuschillo. 13 SENATOR CARL KRUGER: Thank you, 14 Mr. President. 15 This is the health and mental 16 hygiene portion of the budget. The bill 17 appropriates $5.9 billion for the Department 18 of Health on an All Funds basis. When 19 combined with the appropriations enacted in 20 previous emergency budget bills, a total of 21 $58.4 billion in All Funds support is provided 22 to the department, which is $683 million or 23 1.2 percent above the Executive Budget, which 24 provides $123.4 million in federal funds for 25 the federal healthcare --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Excuse 2 me, Senator Hannon. Why do you rise? 3 SENATOR HANNON: I just would ask 4 if they could turn up the sound on Senator 5 Kruger. Because I'm sitting here, it's 6 relatively quiet in the chamber, and I can't 7 hear him. 8 ACTING PRESIDENT BRESLIN: What 9 did you say, Senator? 10 (Laughter.) 11 ACTING PRESIDENT BRESLIN: Point 12 taken, Senator Hannon. 13 SENATOR CARL KRUGER: For the 14 purposes of clarity for Senator Hannon, I'll 15 repeat what I had said. 16 This is the health and mental 17 hygiene portion of the budget bills. This 18 bill appropriates $5.9 billion for the 19 Department of Health on an All Funds basis, 20 which, combined with appropriations enacted in 21 previous emergency extenders, is a total of 22 $58.4 billion in All Funds support for the 23 department. That's $683 million or 24 1.2 percent above the Executive Budget. 25 We provide $123.4 million in

Candyco Transcription Service, Inc. 1 federal funds for the Federal Healthcare 2 Reform Act of 2010, which includes the 3 development of a high-risk pool for uninsured 4 individuals. We restore $4.3 billion in 5 funding for various HIV and AIDS programs and 6 initiatives funded under the AIDS Institute. 7 The total funding available for the AIDS 8 Institute is $119 million. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Kruger. 11 Are there any other Senators 12 wishing to be heard? 13 Senator Padavan. 14 SENATOR PADAVAN: Would Senator 15 Kruger yield to a question or two. 16 ACTING PRESIDENT BRESLIN: 17 Senator Kruger, will you yield? 18 SENATOR CARL KRUGER: Yes, I do, 19 Mr. President. 20 SENATOR PADAVAN: Thank you, 21 Senator. Does this portion of the budget deal 22 with the establishment of community residences 23 for the mentally disabled and retarded? 24 ACTING PRESIDENT BRESLIN: 25 Senator Kruger.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: For the 2 purpose of clarity, Mr. President, Senator 3 Padavan, are you talking about the new court 4 decision? 5 SENATOR PADAVAN: No, I'm not 6 talking about any court decision. I'm talking 7 about the program, the New York Cares program 8 that's been in effect in a number of years, 9 and the establishment of community residences 10 for the mentally ill and the mentally retarded 11 under OMRDD, largely. It would be part of the 12 OMRDD budget. 13 ACTING PRESIDENT BRESLIN: 14 Senator Kruger. 15 SENATOR CARL KRUGER: Through 16 you, Mr. President, no, that was not part of 17 this budget bill, Senator Padavan. 18 ACTING PRESIDENT BRESLIN: 19 Senator Padavan. 20 SENATOR PADAVAN: If the Senator 21 would yield. What part of the budget is it in 22 if it's not in this part? 23 SENATOR CARL KRUGER: Through 24 you, Mr. President, the portion that you're 25 talking about, Senator Padavan, was originally

Candyco Transcription Service, Inc. 1 part of the Executive Budget which was not 2 changed by these budget bills. 3 SENATOR PADAVAN: Thank you. 4 Would the Senator yield again. 5 SENATOR CARL KRUGER: Yes, I do, 6 Mr. President. 7 SENATOR PADAVAN: Well, it is in 8 the Executive Budget, which you're saying will 9 be what it is and this will be folded into it. 10 Therefore, in the Executive Budget, 11 what is the extent of that program as relates 12 to the New York Cares initiative in terms of 13 community residence development in the State 14 of New York in the current fiscal year? 15 ACTING PRESIDENT BRESLIN: 16 Senator Kruger. 17 SENATOR CARL KRUGER: Through 18 you, Mr. President. I will get that 19 information to you, Senator Padavan, within 20 the next couple of hours when it's compiled. 21 SENATOR PADAVAN: On the bill. 22 Mr. President, you know, it's very 23 difficult -- 24 ACTING PRESIDENT BRESLIN: 25 Senator Padavan, on the bill.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: I'm sure it's 2 very difficult for many of my colleagues to 3 vote on budget bills and be told that, well, 4 I'll give you the information later. But 5 we're voting now. 6 That one program, which is so 7 important -- there are waiting lists, families 8 with loved ones who are in need of community 9 resident placement throughout the state. 10 Wonderful program. We had the New York Cares 11 project that lasted for a number of years that 12 did take care of a good part of the waiting 13 list, but now that waiting list is growing 14 again. 15 And what I was seeking to find out 16 is what does the budget provide for this 17 population. And obviously the chairman does 18 not know. And he'll let me know in a couple 19 of hours, but it will be too late in terms of 20 anybody making an intelligent judgment about 21 this portion of the budget which is so 22 important to me and I'm sure to many others. 23 ACTING PRESIDENT BRESLIN: Are 24 there any other Senators wishing to be heard 25 on the bill?

Candyco Transcription Service, Inc. 1 Senator Hannon, on the bill. 2 SENATOR HANNON: On the bill. 3 One of the downfalls of not having 4 public discussion on a budget and having 5 several hundred pages dropped on you suddenly 6 is coming across in the middle of the budget 7 of an appropriation of $123.4 million 8 supposedly to implement federal healthcare 9 reform, which includes $59 million of a 10 high-risk pool, a sum that is well beyond 11 anything I've ever heard discussed, especially 12 when we already have a high-risk pool -- 13 without statute to implement it, without 14 guidelines to implement it, with one of the 15 big questions whether or not, if the state 16 participates, will we be obligated above and 17 beyond what the federal government is going to 18 provide nationally, which is $5 billion. 19 But then to go on, on page 106 and 20 107, for a list of items: Ombudsman Resource 21 Centers, $20 million; Personal Responsibility 22 Education Grant, $3 million; Medicare 23 Outreach, $600,000; a real ambiguous 24 Prevention and Public Health Fund, 25 $20 million; workforce demo, demonstration

Candyco Transcription Service, Inc. 1 project, background checks, pregnancy 2 assessment fund, long-term care grants. All 3 well intentioned, I'm sure, but $123 million? 4 I haven't seen a press release on 5 it, I haven't seen a briefing book on it. 6 I've asked our analysts whether it ever came 7 up in any of the discussions. This is not a 8 good way to do healthcare. 9 Thank you, Mr. President. 10 ACTING PRESIDENT BRESLIN: Are 11 there any other Senators wishing to be heard? 12 Hearing none, the debate is closed. 13 The Secretary will ring the bell. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 can we stand at ease briefly. 17 ACTING PRESIDENT BRESLIN: The 18 Senate will stand at ease. 19 (Whereupon, the Senate stood at 20 ease at 5:59 p.m.) 21 (Whereupon, the Senate reconvened 22 at 6:19 p.m.) 23 ACTING PRESIDENT BRESLIN: The 24 Senate will come to order. 25 I ask all members to return to the

Candyco Transcription Service, Inc. 1 chambers at once. The bells have been 2 ringing. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT BRESLIN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT BRESLIN: 10 Senator Diaz, to explain his vote. 11 SENATOR DIAZ: Thank you, 12 Mr. President. 13 I am the chairman of the Aging 14 Committee, and I am fully committed to aging 15 benefits and to aging needs. I'm a black guy 16 from Puerto Rico with kinky hair and broken 17 English. But I do not appreciate, Mr. 18 Chairman, Mr. President, I do not appreciate 19 people trying to get one over on me. 20 Today, just in this place, just a 21 few minutes ago I learned that they're cutting 22 $5 million out of the aging programs and SNAP, 23 EISEP, and CSE from the aging -- Community 24 Service for the Elderly; SNAP, Supplemental 25 Nutrition Assistance Program for the aging,

Candyco Transcription Service, Inc. 1 and EISEP. 2 I am the chairman of the Aging 3 Committee. When would I be informed of that? 4 And now, because we are Democrats 5 and we don't want the government to stop, I 6 have to be part of the group. One more time, 7 I'm going to say again, I am black guy with 8 kinky hair and broken English from Puerto 9 Rico. And stupid. So I'm going to vote yes 10 just to honor and out of respect for Senator 11 Sampson. 12 But whoever is doing that in the 13 finance department of the staff are abusing 14 and trying to do something which I don't 15 appreciate. 16 Mr. Chairman, I'm voting yes. 17 ACTING PRESIDENT BRESLIN: 18 Senator Diaz to be recorded in the 19 affirmative. 20 Senator DeFrancisco, to explain his 21 vote. 22 SENATOR DeFRANCISCO: On an 23 earlier bill I mentioned how bad it was to 24 actually plan on a billion dollars of FMAP 25 money when it's not quite assured, to put it

Candyco Transcription Service, Inc. 1 mildly. It's bad financial planning. 2 And just to show that this is not a 3 Republican versus Democrat concept, I just 4 want to give you a quote from a famous 5 individual: "I think to do a budget without a 6 contingency on FMAP money would be 7 irresponsible. I think the Legislature is 8 dreaming on this one." 9 That wasn't anybody on this side of 10 the aisle, that was someone running for 11 Governor by the name of Andrew Cuomo. 12 I vote no. 13 ACTING PRESIDENT BRESLIN: 14 Senator DeFrancisco will be recorded in the 15 negative. 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1288 are 19 Senators Alesi, Bonacic, DeFrancisco, Farley, 20 Flanagan, Fuschillo, Golden, Griffo, Hannon, 21 O. Johnson, Lanza, Larkin, LaValle, Leibell, 22 Libous, Little, Marcellino, Maziarz, McDonald, 23 Nozzolio, Padavan, Ranzenhofer, Robach, 24 Saland, Seward, Skelos, Volker, Winner and 25 Young.

Candyco Transcription Service, Inc. 1 Ayes, 32. Nays, 29. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 The Secretary will continue to 5 read. 6 THE SECRETARY: In relation to 7 Calendar Number 1290, Senator Kruger moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 9708C and substitute it 10 for the identical Senate Bill Number 6608B, 11 Third Reading Calendar 1290. 12 ACTING PRESIDENT BRESLIN: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 1290, Assembly Budget Bill, Assembly Print 16 Number 9708C, an act to amend the Public 17 Health Law. 18 ACTING PRESIDENT BRESLIN: Are 19 there any Senators wishing to be heard? 20 Senator Padavan. 21 SENATOR PADAVAN: Will Senator 22 Kruger yield to a question. 23 ACTING PRESIDENT BRESLIN: 24 Senator Kruger, do you yield to a question 25 from Senator Padavan?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, I 2 will, Mr. President. 3 ACTING PRESIDENT BRESLIN: 4 Senator Padavan. 5 SENATOR PADAVAN: I notice in the 6 description of the budget bill before us a 7 reference to NORCSS, Naturally Occurring 8 Retirement Community Supportive Service 9 programs. Can you tell me what this budget 10 does for the NORCSS? 11 SENATOR CARL KRUGER: Through 12 you, Mr. President, the NORC program is 13 extended and it adopts the Governor's 14 Executive Budget. 15 SENATOR PADAVAN: What? 16 SENATOR CARL KRUGER: The NORC 17 program is extended in this budget and it 18 adopts the Governor's Executive Budget for 19 appropriations. 20 ACTING PRESIDENT BRESLIN: 21 Senator Padavan. 22 SENATOR PADAVAN: Will he yield 23 again. 24 ACTING PRESIDENT BRESLIN: Will 25 you yield again, Senator?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Yes, 2 Mr. President. 3 SENATOR PADAVAN: What does the 4 Executive Budget do in terms of funding of 5 this program? 6 ACTING PRESIDENT BRESLIN: 7 Senator Kruger. 8 SENATOR CARL KRUGER: Just 9 indulge me; we're going to look it up. 10 SENATOR PADAVAN: Okay. 11 SENATOR CARL KRUGER: Unless you 12 happen to have the answer. 13 SENATOR PADAVAN: I don't have 14 it. 15 SENATOR CARL KRUGER: Through 16 you, Mr. President, an appropriation of 17 $4 million. 18 SENATOR PADAVAN: And if you may 19 again yield. 20 SENATOR CARL KRUGER: Yes, I do. 21 SENATOR PADAVAN: How does that 22 compare to -- 23 ACTING PRESIDENT BRESLIN: 24 Senator Padavan, would you wish -- 25 SENATOR PADAVAN: Yes, I asked

Candyco Transcription Service, Inc. 1 him to yield again. He said yes. 2 ACTING PRESIDENT BRESLIN: 3 Senator Padavan, could you address the chair, 4 please. 5 SENATOR PADAVAN: Yes, I said may 6 he yield again. I was looking at you. 7 SENATOR CARL KRUGER: Yes. Yes, 8 I do, Mr. President. 9 I said there's no cut from the 10 previous year's appropriation. 11 SENATOR PADAVAN: So it's a wash 12 in terms of last year? 13 SENATOR CARL KRUGER: Yes, it is. 14 SENATOR PADAVAN: Thank you. 15 ACTING PRESIDENT BRESLIN: Are 16 there any other Senators wishing to be heard? 17 Hearing none, the debate is closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT BRESLIN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1290 are 4 Senators Alesi, Bonacic, DeFrancisco, Farley, 5 Flanagan, Fuschillo, Golden, Griffo, Hannon, 6 O. Johnson, Lanza, Larkin, LaValle, Leibell, 7 Libous, Little, Marcellino, Maziarz, McDonald, 8 Nozzolio, Padavan, Ranzenhofer, Robach, 9 Saland, Seward, Skelos, Volker, Winner and 10 Young. 11 Ayes, 32. Nays, 29. 12 ACTING PRESIDENT BRESLIN: The 13 bill is passed. 14 Senator Klein, that completes the 15 reading of the controversial supplemental 16 calendar. 17 SENATOR KLEIN: Mr. President, at 18 this time can we please go to a reading of the 19 calendar. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 139, substituted earlier today by Member of 24 the Assembly Mayersohn, Assembly Print Number 25 3923C, an act to amend the Executive Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall effect on the 180th day. 5 ACTING PRESIDENT BRESLIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT BRESLIN: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 197, by Senator Aubertine, Senate Print 2813C, 15 an act to amend the Public Authorities Law. 16 ACTING PRESIDENT BRESLIN: Read 17 the last section. 18 THE SECRETARY: Section 3. 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, 60. Nays,

Candyco Transcription Service, Inc. 1 1. Senator Golden recorded in the negative. 2 ACTING PRESIDENT BRESLIN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 287, by Member of the Assembly Amedore, 6 Assembly Print Number 9826, an act to amend 7 the Correction Law. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 2. 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 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 356, by Senator C. Johnson, Senate Print 22 5538A, an act to amend the State Finance Law. 23 ACTING PRESIDENT BRESLIN: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT BRESLIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT BRESLIN: 6 Announce the results. 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT BRESLIN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 358, by Member of the Assembly Glick, Assembly 12 Print Number 2563A, an act to amend the Civil 13 Rights Law. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 60th day. 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: Those recorded in 24 the negative on Calendar Number 358 are 25 Senators DeFrancisco, Golden, Hannon,

Candyco Transcription Service, Inc. 1 O. Johnson, Larkin, Marcellino, Padavan, 2 Ranzenhofer, Skelos and Volker. Also Senator 3 Leibell. 4 Ayes, 50. Nays, 11. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 376, by Senator Breslin, Senate Print 5203B, 9 an act to amend the Insurance Law. 10 ACTING PRESIDENT BRESLIN: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT BRESLIN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT BRESLIN: 18 Senator Little, to explain her vote. 19 SENATOR LITTLE: Thank you, 20 Mr. President. I just wanted to thank you for 21 this bill. It's very similar to one that I 22 supported before, and it's very necessary. 23 Many of you recall the Ethan Allen 24 accident that happened in Lake George on a 25 tour boat where 20 drowned, 20 senior

Candyco Transcription Service, Inc. 1 citizens. And that boat was not required, no 2 tour boats were required to carry marine 3 insurance. And so while that boat had 4 insurance, it did not have insurance for 5 anything that happened on the water. 6 So this would just require it, with 7 a minimum, and it's a reasonable minimum that 8 has been worked upon. 9 But I thank you for putting it 10 forward and thank you for voting for it. 11 ACTING PRESIDENT BRESLIN: 12 Senator Little will be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 59. Nays, 16 2. Senators O. Johnson and Maziarz recorded 17 in the negative. 18 ACTING PRESIDENT BRESLIN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 518, by Senator Parker -- 22 SENATOR PADAVAN: Lay it aside. 23 ACTING PRESIDENT BRESLIN: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 603, by Senator Oppenheimer, Senate Print 2 7635, an act to amend the Real Property Tax 3 Law. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 4. 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, 61. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 653, by Senator Libous, Senate Print 7700C, an 18 act to amend the Highway Law. 19 ACTING PRESIDENT BRESLIN: Read 20 the last section. 21 THE SECRETARY: Section 4. 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, 61. 4 ACTING PRESIDENT BRESLIN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 654, by Senator Dilan, Senate Print 7734, an 8 act to amend the Highway Law. 9 ACTING PRESIDENT BRESLIN: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT BRESLIN: Call 14 the roll. 15 (The Secretary called the roll.) 16 SENATOR PADAVAN: Lay it aside. 17 ACTING PRESIDENT BRESLIN: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 706, by Senator Oppenheimer, Senate Print 21 2003A, an act to amend the Election Law. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 SENATOR LIBOUS: Lay it aside. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 715, by Senator Schneiderman, Senate Print 4 6263C, an act to amend the Insurance Law. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect -- 9 SENATOR LIBOUS: Lay it aside. 10 ACTING PRESIDENT BRESLIN: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 736, by Member of the Assembly Cahill, 14 Assembly Print Number 9950, an act to amend 15 the Local Finance Law. 16 ACTING PRESIDENT BRESLIN: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 SENATOR LIBOUS: Lay the bill 22 aside. 23 ACTING PRESIDENT BRESLIN: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 746, by Senator Breslin, Senate Print 1700B, 2 an act to amend the Insurance Law. 3 ACTING PRESIDENT BRESLIN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT BRESLIN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT BRESLIN: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT BRESLIN: The 14 bill is passed. 15 THE SECRETARY: Excuse me. 16 ACTING PRESIDENT BRESLIN: Those 17 voting in the negative on Calendar Number 746 18 please raise their hands. 19 Announce the results. 20 THE SECRETARY: In relation to 21 Calendar Number 746: Ayes, 59. Nays, 2. 22 Senator O. Johnson and Ranzenhofer recorded in 23 the negative. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 764, by Senator Adams, Senate Print 7578A, an 3 act to amend the Racing, Pari-Mutuel Wagering 4 and Breeding Law. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 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, 61. 15 ACTING PRESIDENT BRESLIN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 801, by Senator C. Kruger, Senate Print 7878, 19 an act to amend the Education Law. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect July 1, 2010. 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: Ayes, 61. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 812, by Member of the Assembly Espaillat, 9 Assembly Print Number 4501A, an act to amend 10 the General Business Law. 11 ACTING PRESIDENT BRESLIN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 180th day. 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: Yes, I'm 21 going to vote no. 22 At some point we have to have faith 23 that our citizens of this state have some kind 24 of common sense. And to suggest that putting 25 a label on a sippy cup or a bottle to tell

Candyco Transcription Service, Inc. 1 about early childhood tooth decay is a 2 necessary piece of legislation I think insults 3 the intelligence of the people in our 4 community. 5 And at this rate, we're going to 6 have a warning label on just about every 7 product that's sold in the State of New York 8 for whatever warning that the Legislature can 9 come up with. And I just think it's getting 10 to the point of absurdity now, so I'm going to 11 vote no. 12 ACTING PRESIDENT BRESLIN: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 812 are 16 Senators DeFrancisco, Flanagan, Golden, Lanza, 17 Larkin, Little, Nozzolio, Ranzenhofer, Skelos, 18 Volker, Winner and Young. Also Senators 19 Farley and O. Johnson. 20 Ayes, 47. Nays, 14. 21 ACTING PRESIDENT BRESLIN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 901, by Senator Stavisky, Senate Print 5954D, 25 an act to amend the Education Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Read 2 the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT BRESLIN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT BRESLIN: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 983, by Senator Schneiderman, Senate Print -- 15 SENATOR LIBOUS: Lay it aside. 16 ACTING PRESIDENT BRESLIN: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 986, by Senator Squadron, Senate Print 7855B, 20 an act to amend the General Construction Law 21 and the Business Corporation Law. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 60th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT BRESLIN: 5 Announce the results. 6 THE SECRETARY: Ayes, 60. Nays, 7 1. Senator O. Johnson to be recorded in the 8 negative. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1071, by Senator Huntley, Senate Print 2061A, 13 an act to amend the Public Authorities Law. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 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, 61. 24 ACTING PRESIDENT BRESLIN: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1088, by Senator Savino, Senate Print 5953A, 3 an act authorizing the Commissioner of 4 Finance. 5 ACTING PRESIDENT BRESLIN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Senator Bonacic, to explain his vote. 14 SENATOR BONACIC: You know, I've 15 always voted against these tax-exempt 16 measures, and I think it's appropriate at this 17 time to say why we vote in view of the budget 18 bills that have passed today. And I'm not 19 picking on the sponsor of this particular 20 legislation. 21 But the concern of the Senate has 22 always been property tax reform and lowering 23 the property tax burden. I don't know if you 24 realize that the tax-exempt burden, it now, 25 based on the 2006 assessment, is over

Candyco Transcription Service, Inc. 1 $600 billion. And every time you take a 2 parcel and make it tax-exempt, you are 3 increasing the tax burden on all homeowners 4 and other businesses. 5 So whenever you think of property 6 tax relief, think of the other side of the 7 ledger, that if we start to remove the abuses 8 of tax-exempt we can give real property tax 9 burden relief to our homeowners and our 10 businesses. 11 Thank you very much, Mr. President. 12 I vote no. 13 ACTING PRESIDENT BRESLIN: 14 Senator Bonacic will be recorded in the 15 negative. 16 Announce the results. 17 THE SECRETARY: Ayes, 59. Nays, 18 2. Senators Bonacic and Larkin recorded in 19 the negative. 20 ACTING PRESIDENT BRESLIN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1097, by Senator Addabbo, Senate Print 7153A, 24 an act to -- 25 SENATOR LIBOUS: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT BRESLIN: The 2 bill is laid aside. 3 THE SECRETARY: Calendar Number 4 1098, by Senator Dilan, Senate Print 1103A, an 5 act to amend the Social Services 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 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1098 are 17 Senators Bonacic, DeFrancisco, Farley, 18 Flanagan, Hannon, O. Johnson, Lanza, Larkin, 19 LaValle, Libous, Nozzolio, Ranzenhofer, 20 Saland, Seward, Skelos, Volker and Winner. 21 Also Senators Griffo and Young. 22 Ayes, 42. Nays, 19. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1102, by Senator Valesky, Senate Print 7544A, 2 an act to amend the Retirement and Social 3 Security Law. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 4. 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, 61. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1104, by Senator Addabbo, Senate Print 7591C, 18 an act to amend the Public Authorities Law. 19 SENATOR PADAVAN: Lay it aside. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 1117, by Senator Stachowski, Senate Print 24 8092A, an act to amend the Insurance Law. 25 ACTING PRESIDENT BRESLIN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 5. 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 Seward, to explain his vote. 9 SENATOR SEWARD: Yes, thank you, 10 Mr. President. 11 This legislation before us, which 12 would create some new, innovative, some would 13 say riskier reserving options for carriers to 14 break into the municipal bond insurance market 15 here in New York State, is one that I continue 16 to have some questions regarding. 17 However, I am going to support the 18 legislation. It has been amended by the 19 sponsor. There is now a five-year sunset in 20 the bill. And of course whatever happens if 21 this becomes law will be under the careful, 22 watchful eye and approval process at the 23 Insurance Department. So based on that, I 24 vote aye. 25 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Seward will be recorded in the 2 affirmative. 3 Senator Stachowski, to explain his 4 vote. 5 SENATOR STACHOWSKI: Yeah, just 6 briefly, I'd like to thank Senator Seward for 7 his comments and point out that we worked with 8 Senator Seward and with yourself, 9 Mr. President, in making some changes to the 10 legislation. 11 I think it's important to note that 12 currently in the municipal bond market there's 13 only one provider. And this new innovative 14 idea -- and as Senator Seward pointed out 15 before me, still anything that they -- any 16 participation they have has to be okayed by 17 the Insurance Department. So there's all 18 kinds of safeguards in that respect. 19 And the only riskiness, if that is 20 any -- and I don't think it's really risky -- 21 is instead of all cash, it's cash, it's 22 treasuries, and it's very secure municipals as 23 backup on this. 24 It's a patented way of funding it. 25 Competition should make for cheaper bonds for

Candyco Transcription Service, Inc. 1 municipalities, and therefore saving the 2 taxpayers money. So we think it's a great 3 idea to try. 4 Obviously the safeguard, the main 5 safeguard in this bill is that before anything 6 can happen, the Insurance Department has to 7 sign off on it after close investigation. 8 So we just think it's a good 9 opportunity to help our municipalities save 10 money and our taxpayers in particular save 11 money through lowering the cost of municipal 12 bonding, and we're glad to have everybody's 13 support, hopefully. And I vote aye. 14 ACTING PRESIDENT BRESLIN: Thank 15 you, Senator Stachowski. You will be recorded 16 in the affirmative. 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1117 are 20 Senators O. Johnson, Larkin and Volker. 21 Ayes, 58. Nays, 3. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1204, by Senator Parker --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT BRESLIN: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1243, by Senator Valesky, Senate Print 7814B, 7 an act to authorize the lease of lands. 8 ACTING PRESIDENT BRESLIN: Read 9 the last section. 10 THE SECRETARY: Section 15. 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 Announce the results. 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Ranzenhofer recorded in the 19 negative. 20 ACTING PRESIDENT BRESLIN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1260, by Senator Thompson, Senate Print 8338, 24 an act to amend the General Municipal Law. 25 ACTING PRESIDENT BRESLIN: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 6. 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, 59. Nays, 10 2. Senators Volker and Young recorded in the 11 negative. 12 ACTING PRESIDENT BRESLIN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1264, by Senator Espada -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT BRESLIN: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 1268, by Senator Klein, Senate Print 6928B, an 21 act to amend the Education Law. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect --

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: Lay it aside. 2 ACTING PRESIDENT BRESLIN: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1270, by Senator Foley, Senate Print 7447A, an 6 act to authorize certain school districts. 7 SENATOR PADAVAN: Lay it aside. 8 ACTING PRESIDENT BRESLIN: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 1272, by the Assembly Committee on Rules, 12 Assembly Print Number 11389, an act to amend 13 the Public Officers Law. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 SENATOR PADAVAN: Is this 1272? 22 ACTING PRESIDENT BRESLIN: Yes. 23 SENATOR PADAVAN: Lay it aside, 24 please. 25 ACTING PRESIDENT BRESLIN: The

Candyco Transcription Service, Inc. 1 bill is laid aside. 2 Senator Klein, that completes the 3 reading of the noncontroversial calendar. 4 SENATOR KLEIN: Mr. President, at 5 this time can we please go to a reading of the 6 controversial calendar. 7 ACTING PRESIDENT BRESLIN: The 8 Secretary will ring the bell for the 9 controversial reading of the calendar. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 518, by Senator Parker, Senate Print 4291C, an 13 act to amend the State Finance Law. 14 ACTING PRESIDENT BRESLIN: Are 15 there any Senators wishing to be heard? 16 Seeing none, the debate is closed. 17 The Secretary will ring the bell. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 518 are 4 Senators Alesi, Bonacic, DeFrancisco, Farley, 5 Flanagan, Fuschillo, Golden, Griffo, Hannon, 6 O. Johnson, Lanza, Larkin, LaValle, Leibell, 7 Libous, Little, Marcellino, Maziarz, McDonald, 8 Nozzolio, Padavan, Ranzenhofer, Robach, 9 Saland, Seward, Skelos, Volker, Winner and 10 Young. 11 Ayes, 32. Nays, 29. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 654, by Senator Dilan, Senate Print 7734, an 16 act to amend the Highway Law. 17 ACTING PRESIDENT VALESKY: Are 18 there any Senators who wish to be heard? 19 Seeing none, the debate is closed. 20 The Secretary will ring the bells and read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Senator O. Johnson, to explain his vote. 4 SENATOR OWEN JOHNSON: Yes, 5 Mr. President. This bill I don't believe is 6 desirable because there's no reference to the 7 zoning of that area, whether it's suitable for 8 that purpose or not. 9 The local government may not desire 10 that. These windows can make an awful lot of 11 noise in the neighborhood. Solar electric is 12 a good idea, but wherever you place it is 13 important. So I think I think the local 14 government should have their prerogative to 15 say whether or not they accept this before 16 it's put in place. Thank you. 17 ACTING PRESIDENT VALESKY: 18 Senator Owen Johnson to be recorded in the 19 negative. 20 Senator Alesi, to explain his vote. 21 SENATOR ALESI: Thank you, 22 Mr. President. 23 I have been on record from the 24 earliest times of being supportive of all 25 kinds of sensible alternative energy sources.

Candyco Transcription Service, Inc. 1 One thing that concerns me is the 2 location of windmills is now starting to 3 become a very popular thing, and perhaps it 4 should be. But the state has at this point no 5 real comprehensive plan about the regional 6 locations of windmills. 7 I'm especially concerned about the 8 fact that in some of the more scenic areas of 9 the state -- the Finger Lakes, for example -- 10 we're starting to see small towns pitted 11 against each other because windmills are being 12 located just miles away from some neighbor's 13 property and they have absolutely no say in 14 where these windmills are located, destroying 15 the scenic vistas of precious lands. 16 So until I can see that there's 17 some kind of a sensible regional approach that 18 might also deal with the placement of 19 windmills on the southern shore of Lake 20 Ontario, part of which I represent, I am very 21 sensitive to a bill that does what this bill 22 does and I will be voting no on it. 23 ACTING PRESIDENT VALESKY: 24 Senator Alesi to be recorded in the negative. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 654 are 3 Senators Alesi, Bonacic, DeFrancisco, Farley, 4 Flanagan, Fuschillo, Golden, Griffo, Hannon, 5 O. Johnson, Lanza, Larkin, LaValle, Leibell, 6 Libous, Little, Marcellino, McDonald, 7 Nozzolio, Padavan, Ranzenhofer, Robach, 8 Saland, Seward, Skelos, Volker, Winner and 9 Young. 10 Ayes, 33. Nays, 28. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 706, by Senator Oppenheimer, Senate Print 15 2003A, an act to amend the Election Law. 16 ACTING PRESIDENT VALESKY: Seeing 17 no Senators to speak on the bill, the 18 Secretary will ring the bells. All Senators 19 are asked to return to the chamber for the 20 roll call. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect January 1, 2012. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 706 are 6 Senators Alesi, Bonacic, DeFrancisco, Farley, 7 Flanagan, Fuschillo, Golden, Griffo, 8 O. Johnson, Lanza, Larkin, LaValle, Leibell, 9 Libous, Little, Marcellino, Maziarz, McDonald, 10 Nozzolio, Padavan, Ranzenhofer, Robach, 11 Saland, Seward, Skelos, Volker, Winner and 12 Young. 13 Ayes, 33. Nays, 28. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 715, by Senator Schneiderman, Senate Print 18 6263C, an act to amend the Insurance Law. 19 ACTING PRESIDENT VALESKY: Are 20 there any Senators who wish to be heard? 21 Senator Hannon. 22 SENATOR HANNON: On the bill. 23 ACTING PRESIDENT VALESKY: 24 Senator Hannon, on the bill. 25 SENATOR HANNON: This is a bill

Candyco Transcription Service, Inc. 1 that would allow for a private right of action 2 if there were an insurance company that 3 withdrew a line of products because of 4 discriminatory purposes. 5 I originally looked into it because 6 I believe it contradicts some of the federal 7 law, federal law of the Healthcare Reform Act, 8 which prohibits rescission by insurance 9 companies. 10 But upon reading it, I believe that 11 it's even more well considered -- or less well 12 considered, because it says that if there's 13 discrimination in the withdrawal of an 14 insurance product, then the company itself is 15 subject to a lawsuit, and presumably with 16 damages to be awarded and attorneys fees to be 17 awarded by the people who are bringing the 18 suit. 19 And I was thinking if you're an 20 insurance company you're never then going to 21 subject yourself to this type of action. Even 22 though the product line you have may be an 23 ever-shrinking line, maybe something not 24 popular, maybe better to be incorporated in a 25 broader set of coverages. And then, once that

Candyco Transcription Service, Inc. 1 starts to happen, they'll leave that product 2 in place but they'll have to start charging 3 greater amounts for the premium because there 4 will be less people covered. 5 In other words, insurance spreads 6 risk. When you spread risk you can have a 7 supposedly reasonable premium but when the 8 risk gets less well spread, then the premium 9 goes up. 10 And so for that reason, 11 Mr. President, I'm going to vote against this. 12 I think this is going to have a reverse effect 13 than what the sponsor intends, and I don't 14 think it's as well thought out as it should 15 be. 16 ACTING PRESIDENT VALESKY: Thank 17 you, Senator Hannon. 18 Are there any other Senators who 19 wish to be heard? 20 Seeing none, the debate is closed. 21 The Secretary will ring the bells. 22 Read the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first of January. 25 ACTING PRESIDENT VALESKY: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT VALESKY: 4 Senator Schneiderman, to explain his vote. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Mr. President. 7 This is an amended version of a 8 bill we passed a few weeks ago. Again, this 9 is the bill that arose out of the case of Ian 10 Pearl, a 37-year-old man with muscular 11 dystrophy who lost his New York insurance when 12 his carrier canceled the entire class of 13 policies as a pretext to get him off because 14 he was costing them too much money. 15 This protects all the insured in 16 the State of New York against this sort of 17 conduct. It's been amended to deal with some 18 of the issues that were raised since the last 19 time. 20 And I do want to note, just to put 21 my distinguished colleague on the other side 22 of the aisle at ease, actually the bill that 23 we passed a couple of weeks ago had a private 24 right of action in it, the one that only eight 25 people voted no on. This has been amended so

Candyco Transcription Service, Inc. 1 that the private right of action provision was 2 taken out. 3 I vote yes, Mr. President. This is 4 something that's going to make a lot of 5 New Yorkers a lot safer and ensure that you 6 have insurance coverage when you really need 7 it. Thank you. 8 ACTING PRESIDENT VALESKY: 9 Senator Schneiderman to be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Ayes, 59. Nays, 13 2. Senators Golden and Hannon recorded in the 14 negative. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 736, by Member of the Assembly Cahill, 19 Assembly Print Number 9950, an act to amend 20 the Local Finance Law. 21 ACTING PRESIDENT VALESKY: Are 22 there any Senators who wish to be heard? 23 Seeing none, the debate is closed. 24 The Secretary will ring the bells. 25 There is a home-rule message at the

Candyco Transcription Service, Inc. 1 desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 983, by Senator Schneiderman, Senate Print 13 7280A, an act to amend the Public Authorities 14 Law. 15 ACTING PRESIDENT VALESKY: Are 16 there any Senators who wish to be heard? 17 Seeing none, the debate is closed. 18 The Secretary will ring the bells. 19 Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1097, by Senator Addabbo, Senate Print 7153A, 5 an act to amend the Environmental Conservation 6 Law. 7 ACTING PRESIDENT VALESKY: 8 Senator Padavan. 9 SENATOR PADAVAN: Thank you, 10 Mr. President. On the bill. 11 ACTING PRESIDENT VALESKY: 12 Senator Padavan, on the bill. 13 SENATOR PADAVAN: Yeah. There 14 are some very serious concerns relevant to 15 this legislation that have been generated -- 16 primarily from the City of New York -- in 17 terms of the impact that this bill might have 18 in a variety of ways. 19 First, the memo from the mayor's 20 office outlines what the options are if the 21 products that we're talking about were to be 22 transported by other than rail. They point 23 out that it would take like four tractor- 24 trailer trucks to replace one railcar if you 25 were in any way going to discourage our rail

Candyco Transcription Service, Inc. 1 system from carrying this kind of waste. 2 The costs associated with doing 3 what this bill would require, putting a cover 4 on the railcar, would be in effect a safety 5 problem. If it were pulled loose and that 6 train is going down the track passing railroad 7 stations and it's dragging along the side, the 8 potential for hurting someone, perhaps even 9 seriously so, exists. 10 The liability that the railroad 11 would then have if they were to use or do what 12 this bill requires them to do would be 13 extensive. So not only is there a cost factor 14 involved, but the liability is even more 15 severe and more troubling. So they would say 16 no, we're not going to carry this product on 17 our railcars. 18 And now we're back to the 19 tractor-trailer trucks tromping through our 20 city day and night with situations that you 21 and I both experience, I'm sure, that are very 22 troubling to many, many of our constituents, 23 causing not only traffic problems and noise 24 problems but pollution problems from the 25 diesel fumes associated with these

Candyco Transcription Service, Inc. 1 tractor-trailer trucks being among them. 2 So in view of the fact that the 3 city is opposing this -- the city has a solid 4 waste management plan which actually 5 encourages freight rail in terms of export of 6 waste. It's not a high-value commodity, and 7 any cost difference can make it either viable 8 or not viable. And this, according to the 9 City of New York, would cost an estimated 10 $145, or $1.20 per ton, in the cost of the 11 transport. 12 So if you look at the safety 13 issues, the liability issues, the impact that 14 tractor trailers, which is the only other 15 alternative, would have on our local streets 16 and communities, you know, all in all it just 17 doesn't make sense. 18 Keep in mind, these trailers, there 19 is a mesh that covers the material in 20 question. It's not like it's open. There's a 21 mesh there that contains the material in 22 question. But to put a tarp over it or 23 another cover over it presents the kinds of 24 problems that I've just outlined to you. 25 And I would urge for all those

Candyco Transcription Service, Inc. 1 reasons, Mr. President, that we reject this 2 proposal. 3 ACTING PRESIDENT VALESKY: Thank 4 you, Senator Padavan. 5 Senator Farley. 6 SENATOR FARLEY: Thank you. I 7 rise in support of what Senator Padavan was 8 saying. 9 You know, rail is one of the most 10 efficient, environmentally sound methods of 11 transportation in this nation. And this 12 provides a tremendous burden on them and a 13 very costly burden. And like you say, they 14 may just stop transporting this stuff. 15 ACTING PRESIDENT VALESKY: Thank 16 you, Senator Farley. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 will the sponsor yield to a few questions. 20 ACTING PRESIDENT VALESKY: 21 Senator Addabbo, do you yield? 22 SENATOR ADDABBO: Yes. 23 ACTING PRESIDENT VALESKY: The 24 sponsor yields. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. Thank you, Senator Addabbo. 2 Mr. President, through you. 3 Senator Addabbo, does this bill go into effect 4 statewide or just in certain regions of the 5 state? 6 SENATOR ADDABBO: As it is 7 written, Mr. President, through you, it is 8 statewide. 9 SENATOR LIBOUS: This is 10 statewide. 11 And, Mr. President, if the Senator 12 would continue to yield. 13 ACTING PRESIDENT VALESKY: 14 Senator Addabbo? 15 SENATOR ADDABBO: Yes, 16 Mr. President. 17 ACTING PRESIDENT VALESKY: The 18 sponsor yields. 19 SENATOR LIBOUS: It requires a 20 hardtop on all debris statewide? 21 SENATOR ADDABBO: Through you, 22 Mr. President, because the problem for people 23 who live adjacent to a railroad exists 24 statewide, the answer would be yes, statewide. 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 would the Senator continue to yield. 2 ACTING PRESIDENT VALESKY: 3 Senator Addabbo, do you continue to yield? 4 SENATOR ADDABBO: Yes, Mr. 5 President. 6 ACTING PRESIDENT VALESKY: The 7 sponsor yields. 8 SENATOR LIBOUS: Does it pertain 9 to construction debris? 10 SENATOR ADDABBO: Mr. President, 11 through you, because construction debris when 12 idling on a railroad collects water from 13 rainfall and during hot humid days would 14 create a mold, the answer is yes. Because 15 it's construction debris that causes a lot of 16 the odor and the mold that goes into the air. 17 So the answer would be yes. 18 SENATOR LIBOUS: Mr. President, 19 would Senator Addabbo continue to yield. 20 ACTING PRESIDENT VALESKY: 21 Senator Addabbo? 22 SENATOR ADDABBO: Yes, Mr. 23 President. 24 ACTING PRESIDENT VALESKY: The 25 sponsor yields.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Senator, have 2 there been a variety of complaints in various 3 areas of the state? For instance, obviously 4 you represent the City of New York, and I'm 5 told the City of New York is against this. 6 But I'm wondering, do you have a 7 handful of complaints from constituents there? 8 I live in Binghamton. Do you have any 9 complaints from people in Binghamton, 10 Rochester, Syracuse, the Hudson Valley? 11 SENATOR ADDABBO: Mr. President, 12 through you. Unfortunately, for my district 13 there is a major issue here. For me, this 14 particular bill and the one that follows it is 15 constituent-driven. 16 Yes, Senator Libous, I have 17 constituents who are bothered daily, through 18 all hours of the night, dealing with this 19 odor. Not only the odor, they have insects, 20 mice, rats, raccoons, everything that this 21 debris would bring because it is not covered. 22 So yes, this is constituent-driven, 23 constituents who could care less that the 24 mayor opposes this. Constituents who could 25 care less that the railroad companies make a

Candyco Transcription Service, Inc. 1 ton of money, could absorb the cost, denounce 2 the safety concerns because there have 3 factually not been any incidents brought to 4 our attention regarding safety concerns. And 5 the constituents could care less that the 6 railroads don't want to comply. 7 All they care about is that day in, 8 day out, they are breathing bad fumes, odors 9 from this uncovered waste, that they are 10 experiencing, like I mentioned, all the 11 unnecessary attendance from raccoons, mice and 12 rats and everything else that it brings. So 13 unfortunately for my constituents, their 14 quality of life suffers because this is an 15 issue that needs to be addressed. 16 SENATOR LIBOUS: Would Senator 17 Addabbo continue to yield. 18 ACTING PRESIDENT VALESKY: 19 Senator Addabbo? 20 SENATOR ADDABBO: Yes, 21 Mr. President. 22 ACTING PRESIDENT VALESKY: The 23 sponsor yields. 24 SENATOR LIBOUS: Senator Addabbo, 25 are you aware that presently the railroads do

Candyco Transcription Service, Inc. 1 cover municipal solid waste material with a 2 hard cover? 3 SENATOR ADDABBO: Mr. President, 4 through you. Unfortunately, I don't know if 5 they cover it with a hard -- right now I 6 understand, and I viewed it in the local 7 railroad company's spot in my district, that 8 they cover it with a mesh. Visible to the 9 eye, because it's orange. And unfortunately, 10 that mesh allows the rainwater to come in and 11 still allows the mold to grow and the oder to 12 come out. And when the train is coupled, that 13 mesh still allows debris to come out from it. 14 So unfortunately, I don't know of 15 any hard covering or hard tarping that occurs 16 now, and that's the reason for my introducing 17 this bill. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 On the bill. 21 ACTING PRESIDENT VALESKY: 22 Senator Libous, on the bill. 23 SENATOR LIBOUS: Certainly I 24 understand what Senator Addabbo is trying to 25 do. But it is my understanding,

Candyco Transcription Service, Inc. 1 Mr. President, in talking to many of the 2 freight companies, the rail companies who 3 transport -- and I did it in my capacity as 4 chairman of the Transportation Committee and 5 continue to do that as a member or the 6 Transportation Committee, because I think, 7 like many others, rail is something that's 8 very important. I know Senator Smith is 9 working very hard on high-speed rail, and at 10 the same time freight is still extremely 11 important to the economic development of this 12 state. 13 I'm somewhat concerned here because 14 again we have a bill on the floor by a 15 legislator from the City of New York who now 16 wants to impose something statewide on 17 everyone. And I'm not going to get into an 18 emotional state today as I have in the past. 19 But this is just the third time within five 20 days that we have legislation on the floor 21 that's going to affect the entire state. 22 Right now I know also that the 23 mayor of New York says that this is a bad 24 idea, and Senator Padavan spoke quite 25 eloquently on why this is a bad idea for the

Candyco Transcription Service, Inc. 1 City of New York. 2 So I stand here before you a little 3 confused as to understanding why this 4 legislation is moving forward not only in the 5 City of New York, where it is opposed by the 6 mayor, but also in the rest of the state. 7 I am told, in talking with the rail 8 companies -- because moving freight across 9 this great state is something that we have 10 done for many, many hundreds of years and we 11 want to continue to do because it is important 12 for economic development in this state. And I 13 am told that when it comes to municipal solid 14 waste that they do put hard cover over the 15 back of the cars. When it comes to debris, 16 they do use the orange mesh, as Senator 17 Addabbo did state, because sometimes in 18 hauling debris it becomes a little bit of a 19 problem. 20 But I have to say, Mr. President, I 21 would say that this is the first time that 22 anyone has said that that debris has an odor 23 to it. I travel, if any of you have ever 24 traveled up Route 81 or Route 17, and there 25 are trucks daily bringing garbage from the

Candyco Transcription Service, Inc. 1 City of New York up the highway. And quite 2 frankly sometimes those trucks -- maybe, 3 Senator Dilan, another issue that we can 4 address -- but those trucks probably need to 5 be covered. 6 I think doing it by rail is much 7 more pleasant, is not a distraction to the 8 scenery of our beautiful state. And Route 17, 9 I don't know if any of you have ever traveled 10 it from -- Senator Larkin's familiar with it. 11 But I travel from Binghamton to New York City, 12 take the Palisades Parkway to the bridge. 13 That's my favorite route because it's so 14 beautiful and so scenic. And I get somewhat 15 aggravated when I see those big 18-wheelers 16 hauling garbage that's visible from New York 17 City to some garbage-burning facility in 18 upstate New York. I hope wherever that is, 19 we're making money on it. But I would rather 20 see this be hauled by rail. 21 And I'm told again, Mr. President, 22 that when they do haul solid municipal waste, 23 they do cover the cars with a hard top. 24 So there are some other issues with 25 the hard top. I think Senator Padavan

Candyco Transcription Service, Inc. 1 explained them, about safety. I don't want to 2 get into those. 3 But, Mr. President, I just think 4 that this bill is not well drafted, is not a 5 good piece of legislation. And I would urge 6 my colleagues, on behalf of commerce and 7 economic development, to vote no on this bill. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Libous. 10 Are there any other Senators who 11 wish to be heard? 12 Seeing none, the debate is closed. 13 The Secretary will ring the bells. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT VALESKY: 21 Senator Addabbo, to explain his vote. 22 SENATOR ADDABBO: Thank you, 23 Mr. President. 24 You know, hearing the concerns of 25 Senator Libous, I heard them loud and clear.

Candyco Transcription Service, Inc. 1 Except that we understand that railroad is a 2 growing industry, but we want it to grow in 3 the right direction, and certainly to be more 4 efficient. And certainly environmentally 5 friendly is one way to go. And I don't 6 believe that it's going in that direction. 7 We do have an issue here, an issue 8 that is not only for New York City. I know 9 for a fact it's in places outside of New York 10 City, like Long Island. So we do have an 11 issue to address here. 12 And it's not just the waste that 13 Senator Libous spoke about, but this has to do 14 with putrescible waste, waste that could 15 possibly have an odor. And that includes a 16 myriad of different kinds of waste that the 17 railroads are carrying. 18 The concerns that I heard from the 19 railroad companies, the cost involved -- CSX, 20 one of the railroad companies, makes 21 $1.5 billion a year. If they can't afford a 22 tarp that costs $145, I don't know what else 23 they can afford. They make a lot of money. 24 Large railroad companies do. So I don't think 25 the cost is going to be it. I don't think

Candyco Transcription Service, Inc. 1 that's the issue here. 2 Safety, of course, is an issue, 3 even for me. If I thought this was an unsafe 4 bill, I would have pulled it a long time. But 5 I have not seen concrete evidence of the hard 6 tarp incidents that they named that might 7 happen. Of all the memos of opposition that I 8 have, the words "could cause an accident" and 9 "might cause an accident" is not enough for me 10 when we're talking about such a health 11 related, environmentally related, and quality 12 of life related issue. 13 Trucks on our roads, I don't want 14 more trucks on my roads. But I don't think 15 this bill will cause that. It's such a 16 growing industry, the railroad industry, that 17 I don't think requiring them to put a hard top 18 on what maybe a very problematic issue for 19 people who may have asthma and other illnesses 20 to me is not going to cause more trucks on the 21 road. Again, this is a growing industry. I 22 don't think trucks come on the road because we 23 pass this bill. 24 It's not a cost-related issue, it's 25 not a safety-related issue, it's not a

Candyco Transcription Service, Inc. 1 truck-related issue. What it really is is a 2 health-related issue, an environmentally 3 friendly-related issue, a quality-of-life- 4 related issue. This, for me, is a 5 constituent-driven issue, brought to my 6 attention for people who complain each and 7 every day as they face this. 8 So I hope to work with my 9 colleagues and the office of the mayor as we 10 look to do something down the line to address 11 this issue. Thank you, Mr. President. 12 ACTING PRESIDENT VALESKY: 13 Senator Addabbo to be recorded in the 14 affirmative. 15 Senator Padavan, to explain his 16 vote. 17 SENATOR PADAVAN: Thank you, 18 Mr. President. Explaining my vote, I'm going 19 to illustrate, hopefully, to the sponsor why 20 this is a hazardous bill. 21 There's no doubt about the fact 22 that the liability issue, beyond the cost of 23 the tarp and everything else, is critical to 24 the railroad. 25 And as I said earlier, one railcar

Candyco Transcription Service, Inc. 1 of this material translates to four to five 2 tractor-trailer trucks. Now, here's what 3 those trucks will do. In the City of New York 4 alone, 40,000 truck trips per year. That 5 translates into air pollution. And recently 6 we have a spent a lot of time in this chamber 7 talking about air pollution with home heating 8 fuel and other things. It translates into 9 2,000 tons per year of carbon dioxide, over 10 16 tons per year of nitrous oxide, as well as 11 reductions in particulate matter, volatile 12 organic compounds and carbon. 13 Now, that's a hazard. All these 14 tractor-trailer trucks, forget about them 15 interfering with the normal traffic, the 16 problems we have on the LIE and on the 17 Clearview Expressway and other places where 18 trucks are permitted, pulling over to the 19 side, running their motors all night, 20 polluting the air -- all kinds of problems. I 21 get those complaints. And all this will do 22 will exacerbate it. 23 And there's no reason in the 24 world -- we're trying to get freight on 25 railcars and reduce traffic on our streets,

Candyco Transcription Service, Inc. 1 bridges and highways. We're not trying to do 2 the reverse. I vote no. 3 ACTING PRESIDENT VALESKY: 4 Senator Padavan to be recorded in the 5 negative. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 can you lay the bill aside for the day, 9 please. 10 ACTING PRESIDENT VALESKY: The 11 roll call is withdrawn and the bill is laid 12 aside for the day. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Calendar Number 16 1104, by Senator Addabbo, Senate Print 7591C, 17 an act to amend the Public Authorities Law. 18 SENATOR KLEIN: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 1264, by Senator Espada, Senate Print 6291, an 24 act to amend the Social Services Law. 25 ACTING PRESIDENT VALESKY: Are

Candyco Transcription Service, Inc. 1 there any Senators who wish to be heard? 2 Seeing none, the debate is closed. 3 The Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT VALESKY: 11 Senator Espada, to explain his vote. 12 SENATOR ESPADA: Thank you, 13 Mr. President. I want to thank my colleagues, 14 particularly Senator Diaz. 15 Mr. President, this bill provides 16 for the prohibition of finger-imaging for 17 those applicants to the food stamp program in 18 New York City. 19 It is ironic that my Republican 20 colleagues don't find it fit to support this 21 bill. In 2007, the finger-imaging was banned 22 as a requirement for upstate New Yorkers. 23 But whether that be upstate, 24 downstate, anywhere in the state, poor people, 25 people in need should not be stigmatized,

Candyco Transcription Service, Inc. 1 should not be criminalized presumptively 2 because they're in need. 3 And by way of this bill today, 4 New York will leave the ranks of three other 5 states. There are only four states in the 6 United States of America that have seen fit to 7 carry forth this policy. And the fact of the 8 matter is that in those four states that have 9 finger-imaging, there is a higher percentage 10 of error rates, there is a higher percentage 11 of nonparticipation in these areas. 12 So today, with support of this 13 bill, we have increased participation, we have 14 made more people in New York State who need 15 food on their table be eligible to get it and 16 not trade in their dignity and not trade in 17 their time at work for this kind of need. 18 So I wish to thank my colleagues 19 for their support. I vote aye. 20 ACTING PRESIDENT VALESKY: 21 Senator Espada to be recorded in the 22 affirmative. 23 Senator Golden, to explain his 24 vote. 25 SENATOR GOLDEN: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 The roaring '80s are back. Since 3 the Democratic control of this chamber, we've 4 seen the return of the '80s, where we've seen 5 over 1.3 million people on welfare -- but we 6 think it's a great idea to do away with 7 finger-imaging, face-to-face interviews, and 8 the asset checks. No asset checks, we think 9 that's a good idea. 10 Crime is up across this state, and 11 now we're going to do the same thing with 12 fingertip imaging for food stamps. Absolutely 13 absurd. 1.8 million people use this program 14 every month. 289,000 new people on this 15 program since 2002. And fingerprint imaging 16 hasn't impacted that at all, it's moved right 17 along. 18 And it's done a good job. Since 19 1995 we've gotten almost $32 million returned 20 to us. Just last year alone, we had over 1400 21 individuals where we had over $4 million, over 22 $4 million of savings from waste and fraud. 23 Ladies and gentlemen, we cannot 24 continue to go backwards, we have to go 25 forward. We shouldn't be comparing ourselves

Candyco Transcription Service, Inc. 1 to four states or five states. We should be 2 the Empire State. We have to stop the fraud 3 and the waste. Heaven forbid we ever did this 4 for Medicaid. I guess that would be like the 5 biggest sin that we've ever seen. Could you 6 imagine the Medicaid fraud that we could stop 7 if in fact we went into finger-imaging? 8 Ladies and gentlemen, you cannot 9 continue down this path. Fraud is going to 10 continue to rise in this state, just as crime 11 is rising, just as welfare is rising, such as 12 food stamps are rising here in the State of 13 New York, we cannot continue to carry the load 14 as the way we're doing without having this 15 checks and balances in this system, which is 16 perfectly simple, perfectly legitimate, and 17 perfectly acceptable to the majority of the 18 people that have had these fingerprint imaging 19 done. 20 Ladies and gentlemen, I vote no. 21 ACTING PRESIDENT VALESKY: 22 Senator Golden to be recorded in the negative. 23 Senator Diaz, to explain his vote. 24 SENATOR DIAZ: Thank you. Thank 25 you, Mr. President. I just rise to support my

Candyco Transcription Service, Inc. 1 colleague Senator Espada. 2 I think that Senator Espada, by 3 introducing this piece of legislation, is 4 doing a great service to the poor and the 5 needy of the State of New York. Understand 6 that in every part of life there is always 7 corruption or there are some people that would 8 like to do it. But Senator Espada today has 9 shown how humane he is, how considerate he is 10 for the poor and the needy. 11 And to put people, to put needy 12 people in the State of New York through this 13 shameful, humiliating and degrading action 14 just so they could eat is something that we 15 should not allow in the State of New York. 16 Senator Espada, thank you for this 17 piece of legislation. I am proud to support 18 you on this one. Thank you. 19 ACTING PRESIDENT VALESKY: 20 Senator Diaz to be recorded in the 21 affirmative. 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1264 are 25 Senators Alesi, Bonacic, DeFrancisco, Farley,

Candyco Transcription Service, Inc. 1 Flanagan, Fuschillo, Golden, Griffo, Hannon, 2 O. Johnson, Lanza, Larkin, LaValle, Leibell, 3 Libous, Little, Marcellino, Maziarz, McDonald, 4 Nozzolio, Padavan, Ranzenhofer, Robach, 5 Saland, Seward, Skelos, Volker, Winner and 6 Young. 7 Ayes, 32. Nays, 29. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1268, by Senator Klein, Senate Print 6928B, an 12 act to amend the Education Law. 13 SENATOR LaVALLE: Explanation. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein, an explanation has been 16 requested by Senator LaValle. 17 SENATOR KLEIN: Mr. President, 18 this legislation would have the Board of 19 Trustees of the State University of New York 20 appoint a qualified and experienced individual 21 as the commissioner of the SUNY campus police 22 in order to implement the single 23 centralization program. 24 This legislation comes out of the 25 Task Force on Government Efficiency and the

Candyco Transcription Service, Inc. 1 report that we did in analyzing SUNY. One of 2 the things that we found was that every SUNY 3 campus has their own police force. They have 4 their separate uniforms, separate insignias. 5 But the thing that costs the taxpayers so much 6 money is each of these campuses also have 7 separate chiefs, deputy chiefs, assistant 8 chiefs. There's more supervisors in the SUNY 9 police force than the whole state police force 10 combined. 11 So this is, I think, a very simple 12 way that we can just have one centralized 13 chief at a central office who would administer 14 all of the SUNY campuses around the State of 15 New York, thus saving the taxpayers anywhere 16 from $3 million to $5 million a year in 17 recurring revenue. 18 SENATOR LaVALLE: Senator Klein, 19 would you yield for a couple of questions. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein, do you yield? 22 SENATOR KLEIN: I'd be happy to 23 yield, Mr. President. 24 ACTING PRESIDENT VALESKY: The 25 sponsor yields.

Candyco Transcription Service, Inc. 1 SENATOR LaVALLE: Did the SUNY 2 Board of Trustees ask you for this 3 legislation? 4 SENATOR KLEIN: No, 5 Mr. President. This came, as I said, after an 6 investigation we had. 7 We did question the vice chancellor 8 of operations for SUNY, told her about this 9 program. She was kind of new to the job. She 10 said she found it interesting. But now, lo 11 and behold, SUNY does not support the 12 legislation. 13 SENATOR LaVALLE: Who does 14 support this legislation? 15 SENATOR KLEIN: The legislation 16 is being supported by the SUNY police 17 officers, their union. 18 SENATOR LaVALLE: Council 82? 19 SENATOR KLEIN: I believe that 20 that's the number. 21 SENATOR LaVALLE: Okay. 22 On the bill, Mr. President. 23 ACTING PRESIDENT VALESKY: 24 Senator LaValle, on the bill. 25 SENATOR LaVALLE: A number of

Candyco Transcription Service, Inc. 1 years ago, as chairman of the Senate Committee 2 on Higher Education, I held a number of 3 hearings on campus safety. I must tell you 4 that Senator Stavisky attended each and every 5 one of those hearings. Also, this house 6 passed -- not once, but twice -- a campus 7 safety bill. 8 During the deliberations in forming 9 the legislation and the hearings, we heard 10 from all parties. I can't remember Council 82 11 supporting an effort like this. 12 So I don't know, Senator Klein, 13 what the politics are at this time to have 14 them make a proposal or support something like 15 this. Because a centralized municipal police 16 force tends to work. Where you have 64 17 campuses, it does not work in terms of the 18 safety issue. 19 What you are doing, I think 20 unwittingly, is overriding the president's 21 decision in formulating a safety policy with 22 his local chief and working with the central 23 administration. 24 In the many years that I've been 25 here, you have done one thing that I have not

Candyco Transcription Service, Inc. 1 seen in many years, and that is an actual memo 2 in opposition -- a piece of paper -- from 3 SUNY. They don't usually do that. They 4 usually come around and say, We oppose this 5 bill, we oppose that bill. 6 So what you have gotten them to do 7 is to actually come out. And so they must 8 have some very strong feelings on this 9 particular bill. 10 The issue, the issue of cost. 11 Well, there seems to be a disagreement, as you 12 might suspect, from State University and 13 information from the local chiefs, that if you 14 took the local chiefs out and made Council 82 15 members in their place, a captain or whatever, 16 the whole structure of that, dealing with 17 overtime and so forth, would not have a 18 savings but would actually cost the state more 19 money. 20 The most important thing here in 21 the hearings that I held and the discussions 22 that we had on the floor dealing with campus 23 safety is that when you have a system like 24 SUNY, 64 campuses, each campus differs. Each 25 campus, in knowing what requirements they need

Candyco Transcription Service, Inc. 1 to put into effect, is critically important. 2 We talked about, you know, how do 3 you notify students that there is a campus 4 closedown. Well, different campuses indicated 5 strongly that they wanted to use different 6 mechanisms, whether it was texting, the 7 sounding of a horn or other device, and on and 8 on. 9 So the critical issue here is 10 campus safety, student safety. And going to a 11 SUNY commissioner to centralize this authority 12 overrides what I believe should be a campus 13 decision with campus individuals giving their 14 input to provide safety to the students. 15 So I recommend that this 16 legislation not pass this house until we 17 really take a look at the cost issue. I think 18 the trustees deserve an opportunity to see 19 what the structure is and how that would play 20 out. And by not having a specific hearing on 21 this bill -- and to deal with the campus 22 safety and security needs proper focus. One 23 hearing or hearings dealing generically with 24 how you save money really doesn't cut it when 25 we deal with the safety on campuses that you

Candyco Transcription Service, Inc. 1 are providing in your bill. 2 While I think it's well intentioned 3 in terms of the savings part, that is clearly, 4 Senator, in dispute. It's in dispute. 5 So I would ask that we have a no 6 vote on this bill. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator LaValle. 9 Senator Klein. 10 SENATOR KLEIN: On the bill, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: 13 Senator Klein, on the bill. 14 SENATOR KLEIN: Mr. President, I 15 respect my colleague Senator LaValle and his 16 knowledge of higher education, but I think I 17 differ where I think that SUNY administrators 18 walk on water. 19 Clearly the investigation that we 20 did and the hearings that we followed where we 21 had a vice president of SUNY for operations 22 who, when we asked her about the excessive 23 overtime which exists for nonessential 24 personnel at campuses, she shrugged and said 25 overtime is a fact of life at SUNY.

Candyco Transcription Service, Inc. 1 So this is merely a way that I 2 believe we can save money and also have a more 3 centralized administration. It certainly 4 borders on ridiculous that we would have more 5 supervisors at the SUNY police force, as I 6 said earlier, than the whole state police 7 force combined. 8 The other issue that I didn't point 9 out when I explained the legislation was this 10 actually will increase safety on our campuses. 11 One of the things that I didn't mention is 12 presently these supervisors and chiefs at 13 campus are not required to have any law 14 enforcement background. The president of a 15 university can appoint a sociology professor, 16 a philosophy professor to be the chief of 17 police at a campus. 18 So clearly if we allow a 19 centralized unit at SUNY and have a 20 commissioner of all the police working in 21 conjunction with individual presidents to 22 ensure campus safety, I believe we can 23 actually save the taxpayers money and at the 24 same time probably get a much safer campus. 25 So of course I recommend a yes

Candyco Transcription Service, Inc. 1 vote, Mr. President. 2 ACTING PRESIDENT VALESKY: Thank 3 you, Senator Klein. 4 Senator Volker. 5 SENATOR VOLKER: Mr. President -- 6 and I'm going to be brief. I was at those 7 hearings too, and this is a rather strange 8 situation. I'm not exactly sure what the -- 9 and I think the union is behind this. I think 10 the union thinks that if they get a guy on 11 top, they'll become a real police department 12 somehow. 13 You have to remember one thing -- 14 and I was the one that created the SUNY police 15 department. But they are not police in the 16 same way as regular police departments are. 17 Now, I don't know where this issue of 18 superintendents and all the rest of the stuff 19 came from, but I'll tell you what should 20 happen. I don't know how you have a police 21 department on campuses that doesn't have 22 somebody to oversee them. That doesn't make 23 any sense. It's like a local police chief. 24 Now, if they have too many people 25 that are running the operation, then that

Candyco Transcription Service, Inc. 1 should be dealt with. But I know what they 2 want to do, they want to oversee the men 3 separate from the SUNY administration. It's 4 never going to happen, by the way. If this 5 bill passes, it will be vetoed by the Governor 6 because the SUNY trustees are never going to 7 let it happen. 8 But this is an interesting bill 9 because it shows the changes in SUNY 10 personnel. What needs to be done is a 11 reorganization, I think, of the SUNY police 12 maybe on all the campuses. And if what you 13 say is true -- and I never have heard of that, 14 that they've got so many people -- it's got to 15 be downstate, because it certainly isn't 16 upstate that they've got so many different 17 people that are running these campuses. 18 Because I can tell you, the campuses I know of 19 haven't got that many people. I know the 20 people in charge, and all the people in charge 21 in my area are either former police officers 22 or came up through the SUNY ranks. 23 So I don't think this is a good 24 idea. I think I know the people that talked 25 about this and where it came from. But I

Candyco Transcription Service, Inc. 1 think what has to happen is that the SUNY law 2 enforcement people have got to come down to 3 the earth and realize that they are part of 4 the SUNY system. And if they want to be a 5 police department, that's fine, but they're 6 never going to be a police department in the 7 same way as the New York State Police and all 8 the rest of the people who are authorized 9 cops, which means they can go off and operate 10 in any place in the state. 11 So I think this is a bad idea, I 12 agree with Senator LaValle, and I'm going to 13 vote no. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Volker. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Yeah, would 18 Senator Klein yield to a couple of questions, 19 please. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein, do you yield? 22 SENATOR KLEIN: Yes, 23 Mr. President. 24 ACTING PRESIDENT VALESKY: The 25 sponsor yields.

Candyco Transcription Service, Inc. 1 SENATOR MARCELLINO: We heard 2 before about the 64 campuses located 3 throughout the state in the SUNY system. I 4 have one SUNY, Old Westbury, in my district, 5 and we border on SUNY Farmingdale, which is 6 another SUNY school, obviously. 7 Do you have any idea how big the 8 campus is for SUNY Old Westbury? 9 SENATOR KLEIN: No. 10 SENATOR MARCELLINO: It's over 11 600 acres. A lot of it treed, wooded, hard to 12 get through and find -- you can have a lot of 13 places where you can have some serious 14 problems if you don't have an adequate force 15 to deal with that. 16 SENATOR KLEIN: Mr. President, 17 we're not reducing the force in any way, 18 Senator. This is just taking away, as it was 19 called, the top brass or the supervisors. 20 We're not in any way reducing the police 21 force. 22 As a matter of fact, in a way of, I 23 believe, being more efficient, as I said 24 before, the Senator was surprised but the SUNY 25 police union testified at the hearing they

Candyco Transcription Service, Inc. 1 were supportive of this legislation. And this 2 was one of their ways to make SUNY, according 3 to them, more efficient. 4 SENATOR MARCELLINO: Will the 5 Senator yield. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, do you continue to yield? 8 SENATOR KLEIN: Yes, 9 Mr. President. 10 ACTING PRESIDENT VALESKY: The 11 sponsor yields. 12 SENATOR MARCELLINO: How many of 13 the top brass, how many officers would be 14 involved in this program? 15 SENATOR KLEIN: Administrators -- 16 I'm sorry, you've got to repeat the question. 17 SENATOR MARCELLINO: Well, you 18 said you were going to take the top brass of 19 these officers off the top, get rid of them. 20 How many are they or are there? 21 SENATOR KLEIN: I think there was 22 26. 23 SENATOR MARCELLINO: Twenty-six 24 officers? 25 SENATOR KLEIN: Well, actually

Candyco Transcription Service, Inc. 1 it's broken up into chiefs and deputy chiefs. 2 So there's about 27 chiefs, and then you have 3 some deputy chiefs and then some assistant 4 deputy chiefs. 5 SENATOR MARCELLINO: Do you have 6 any idea how many that would be? How many 7 would that be, if I may. 8 SENATOR KLEIN: About 47, 50. 9 And by the way, their average 10 salary tends to be over $100,000 a year. 11 SENATOR MARCELLINO: That was my 12 next question, the average salary -- 13 SENATOR KLEIN: Probably 14 anywhere, looking here, probably about $90,000 15 to $100,000, on average, their salary. 16 And by the way, these are people 17 who I said before are not required to have any 18 criminal justice experience or any background. 19 SENATOR MARCELLINO: Through you, 20 Mr. President, if -- 21 SENATOR KLEIN: Unlike the police 22 officers that actually patrol the campuses. 23 SENATOR MARCELLINO: I gotcha. 24 How many -- 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Klein, do you continue to yield? 2 SENATOR KLEIN: Yes, Mr. 3 President. 4 ACTING PRESIDENT VALESKY: The 5 sponsor yields. 6 SENATOR MARCELLINO: Do you know 7 of any that are not former police officers or 8 do not have police officer training? 9 SENATOR KLEIN: I don't know 10 specific stories. I can get you those because 11 I know when the -- both the union and I think 12 even the vice president of operations 13 testified, they did give us specific cases. 14 SENATOR MARCELLINO: Do you know 15 how many of these officers break down, if 16 there's about 50 and there are 64 campuses -- 17 so not every campus apparently, according to 18 the numbers you've given me, would have a 19 captain or a chief or something. Do you know 20 which ones don't, for whatever reason? 21 SENATOR KLEIN: I'm not sure 22 which don't. But they all had a chief, they 23 all had a deputy chief. Some of them had, you 24 know, assistants as well. 25 SENATOR MARCELLINO: Thank you,

Candyco Transcription Service, Inc. 1 Senator Klein. I appreciate the courtesy. 2 Mr. President, on the bill. 3 ACTING PRESIDENT VALESKY: 4 Senator Marcellino, on the bill. 5 SENATOR MARCELLINO: I taught 6 school in the City of New York for 20 years. 7 And I was a UFT member, walked several picket 8 lines during that 20-year stretch when we had 9 our disagreements with the Board of Education. 10 And the system had a hierarchy: Principal of 11 the school, assistant principals. I'll deal 12 just with the high schools. The principals 13 ran the high schools, two assistant 14 principals, one for administration, one for 15 guidance the dealing with student matters, the 16 other one dealing with the hiring and firing 17 of personnel. Then you had subject area 18 chairpeople, the master teachers within the 19 different subject areas whose job it was to 20 make sure that the teachers assigned to those 21 subject areas were able to properly function, 22 they had what they needed to function and were 23 in fact doing the job according to the rules 24 and according to proper pedagogical 25 procedures. They did their work. And they

Candyco Transcription Service, Inc. 1 were our supervisors, if you were. 2 You know something, when I was in 3 the union we didn't think we needed anybody. 4 I don't know of any school or any teacher that 5 actually said to us, you know, we really need 6 supervision, we really want supervision. We 7 don't need it. These guys get in our way. We 8 can all teach better than they can. We all 9 know what we're doing. After all, paper is 10 supplied, this comes in, that comes in. Who 11 needs these guys at the top? What the heck do 12 they ever do? 13 Well, there came a point in time 14 when the chairman of the department that I was 15 in had to leave, and I was asked by the 16 principal to take over the responsibilities of 17 the department, become the acting chairperson 18 of the science department of my high school, 19 which had approximately, at the time, 5,000 20 students in it. Five thousand students in one 21 high school. There are school districts 22 throughout this state that don't have 5,000 23 students in total, from the prekindergarten 24 right up through the high schools. But in 25 this case, that was the nature of the school.

Candyco Transcription Service, Inc. 1 Turned out, as it happened, that I 2 found out what the chairman of that department 3 actually did. And it filled my day and a lot 4 of nights and a lot of time involved 5 supervising the teachers of the department, 6 making sure the administrative duties were 7 properly performed, observing lessons, 8 watching to make sure all the security 9 necessary was done and supplies were involved. 10 It was a big job and it was important and it 11 was difficult to do. And as a teacher, you 12 didn't comprehend the need. 13 So I'm not impressed when I hear 14 that union members, lower-level rank-and-file 15 union members don't appreciate being 16 supervised by higher-level people. Nobody 17 likes to be told what to do. Nobody likes to 18 be given orders. Everybody knows what they're 19 doing -- or everybody feels they do, anyway -- 20 and everybody knows more than the chief who's 21 in the rank and file, but they don't 22 necessarily have a larger picture. So I kind 23 of dismiss the argument that the union is in 24 favor of that because, quite frankly, I 25 wouldn't expect otherwise.

Candyco Transcription Service, Inc. 1 I would like to know and it would 2 be a problem if you said that the person who 3 was going to be the overall supervisor of all 4 of the campuses was located in one place -- 5 probably, I would assume, in Albany, just for 6 argument's sake. Or pick another location 7 throughout the state where this super person 8 would be located. And how that person would 9 get up to Buffalo or down to Long Island or in 10 the Southern Tier or, you know, in the North 11 Country, find a place, running around. The 12 campuses are different, they're diverse, they 13 vary in size. Population differences, all 14 kinds of situations totally different. 15 Weather conditions vary from one end of the 16 state to the other. So you can see the 17 differences and the diversity. 18 I'm all for saving money. And if 19 there is a way to look at this and to save 20 some money in respect to overtime and all the 21 rest, that's great. But I'm also concerned, 22 as my colleague Senator LaValle stated, in the 23 security of each campus. Because I said some 24 campuses are urban and some campuses, such as 25 the one in SUNY Old Westbury, has hundreds of

Candyco Transcription Service, Inc. 1 acres. And a lot of it wooded acres. So it's 2 a whole different environment that you have to 3 deal with and a whole different set of 4 concerns in worrying about the security. It 5 might be easier in secure buildings in a city, 6 whereas in our area there's almost no way you 7 can prevent someone from getting on the campus 8 that you don't want. There's hundreds of 9 acres and lots of ways to get in, and you're 10 on that campus. Impossible to stop it. 11 Impossible to stop it. So you're going to 12 need perhaps even more people in that 13 situation rather than less. 14 And people do need to be 15 supervised. Someone has to know that the 16 police officers are patrolling where they 17 belong. Someone has to know that the security 18 people are where they should be and not 19 playing cards someplace else. You have to 20 have supervision. To say that you can run a 21 place with all the Indians and no chiefs 22 frankly belies logic. It simply isn't the 23 case. It's impossible to do. 24 You've got to have the people to 25 run it, you've got to have people supervising

Candyco Transcription Service, Inc. 1 it, you've got to have people on the scene who 2 will say Officer A is a good officer, is doing 3 his job or her job and deserves to be 4 retained, Officer Q is not doing the job and 5 doesn't deserve to be retained. 6 And that means if you're going to 7 suggest or recommend firing, someone's got to 8 be in there to write them up, someone's got to 9 be in there to point out what was wrong and 10 when it happened and what you did to try 11 prevent it from happening again. 12 Were there training programs put in 13 place for those people on those campuses? 14 Just a fire drill, who's going to supervise 15 that? Who's going to conduct them? Who's 16 going to make sure they happen at the right 17 time? All of this is all part of it. It's 18 all part of it. In these days with homeland 19 security, it's all part of it. We've got to 20 make sure that our people, our campuses are 21 safe. 22 I understand what Senator Klein is 23 trying to do, and I commend him for it. I 24 like the idea. But I'm not sure that this is 25 the way to go. Better, better, I think, if we

Candyco Transcription Service, Inc. 1 held a meeting of all the SUNY presidents, 2 with the trustees. Set up a meeting. Let's 3 talk about how we can better utilize our 4 forces. 5 What is the police force that's 6 necessary to protect the campuses 7 appropriately, to make sure that they're safe 8 for our kids? What do we need? Let's take a 9 look at that. Let's take a look at the salary 10 scale. Let's take a look at the training 11 necessary to become a SUNY police officer. In 12 fact, does it have to be increased? Do we 13 want a non-police officer running the place? 14 Is it appropriate? Maybe we want a law that 15 says you've got to be a trained police officer 16 and there has to be so many years of training 17 involved. 18 I'd like to see all that. I don't 19 think this bill does it quite that way. I 20 understand, as I said, what he wants to do, 21 and I don't disagree with it. Saving money is 22 a good thing, especially in a time where we 23 have a state budget where we don't have a lot 24 of money to play with. We've got to be 25 careful.

Candyco Transcription Service, Inc. 1 But I don't think this bill is 2 going to do it, Mr. Chairman. So I'm not 3 going to vote for it because I just don't 4 think it's there. Revision, be happy to work 5 with the sponsor to fix it to do the right 6 thing, but this doesn't quite cut it. I'll be 7 voting no and I suggest a no vote on this 8 particular bill. 9 Thank you, Mr. Chairman. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Marcellino. 12 Senator Little. 13 SENATOR LITTLE: Thank you, 14 Mr. President. 15 As many of you know, I represent a 16 very large district: Six counties, 88 towns, 17 25 villages, and 53 school districts. And 18 since I have been in the Legislature -- 19 particularly in the Senate -- with this size 20 district, I've been a proponent of sharing 21 services, of consolidating, of becoming more 22 efficient, of trying to do things together. 23 And I will tell you I've had my 24 head batted around, especially when I 25 suggested that two community colleges who were

Candyco Transcription Service, Inc. 1 both looking for a president, who were right 2 near each other, combine. And believe me, 3 that was not thought of well by those two 4 community colleges. 5 So I came up with a saying -- 6 because this is what I think is happening. 7 Here we are in a state with among the highest 8 property taxes in the nation, and everyone 9 that we talk to wants lower taxes, less 10 government, and absolutely no change. And you 11 can't get it that way. So we have to do some 12 change. 13 I've been involved in several task 14 forces. I've been involved in Senator Klein's 15 task force on this. I've talked to the 16 president of SUNY Plattsburgh. You know, this 17 would be modeled, basically, after the State 18 Police. But the State Police superintendent 19 supervises 5,000 State Police all over the 20 state, with Troop B, Troop G and all of those 21 different troops and commanders and the like. 22 We're talking about about 500 SUNY 23 police that could be supervised under one 24 supervision, one administration, and there 25 definitely would be some savings. There would

Candyco Transcription Service, Inc. 1 be a change, but I think it could be done very 2 well and it could be done safely. 3 At SUNY Plattsburgh not only do 4 they have the police, but they also have these 5 kind of green poles and lights where any kind 6 of student or anyone on campus who needs extra 7 help can pull the lever and, you know, a siren 8 goes off and all, and someone comes to help 9 them. 10 So, you know, while the details of 11 this may need to be fixed as we go along -- 12 and they will be -- I think that this is a 13 good idea and this is where we need to be. We 14 have got to control the cost of government. 15 We have got to make some changes so that we're 16 not taking as much money out of the taxpayers' 17 pockets. 18 And I support this bill. Thank 19 you. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Thank you, Senator Little. 22 Senator Saland. 23 SENATOR SALAND: Thank you, 24 Mr. President. On the bill. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Saland, on the bill. 2 SENATOR SALAND: Mr. President, 3 oh, probably six to eight weeks ago I engaged 4 in a debate with Senator Valesky regarding a 5 bill dealing with the SUNY police. And as I 6 look at the language that's being amended, 7 it's language that I had drafted and had 8 negotiated some number of years ago, 10, 12 9 years ago, perhaps, when we created the SUNY 10 police force. 11 And I believe I mentioned then and 12 I'll mention again now the SUNY police were 13 created in response really to an effort on 14 behalf of the then security personnel who felt 15 that their efforts as security personnel were 16 being derided, being ignored, were being in 17 effect totally -- if not totally, then 18 certainly substantially abused by students on 19 campus. 20 And if you look at the language, 21 notwithstanding Senator Little's comments 22 about consolidation and efficiencies, if you 23 look at the language, what is important and in 24 why they were created was for them not to be 25 like the State Police, not for them to be a

Candyco Transcription Service, Inc. 1 State Police agency. They were given police 2 power primarily for two reasons. Number one, 3 to elevate their status. Number two, for the 4 ability to pursue someone in hot pursuit who 5 was leaving the campus. 6 Each of the campuses -- and there 7 are 28 of them that have police forces -- 8 certainly present differently. I would assume 9 there are any number of variations on the 10 theme. But the first and foremost 11 responsibility of that SUNY officer is to his 12 or her campus. It's not to a campus in some 13 other part of the state, it's not a campus 14 30 miles away. They were created for purposes 15 of providing security on their campus. That's 16 where they belong, and that's where their 17 focus should be, and that's where they should 18 be administered. 19 And if you look at the language 20 that's being amended, the language doesn't 21 give cart blanche to anybody. It says that 22 the president of the campus has the ability, 23 with the approval of the chancellor, to enter 24 compacts with local police to the extent to 25 which they wish to have mutual aid agreements.

Candyco Transcription Service, Inc. 1 So this is a police force that was 2 created for the sole purpose of giving them 3 greater authority on their campus, giving them 4 the respect due to positions they held and 5 elevating their status to police officers, 6 enabling them to leave the campus in hot 7 pursuit and, where deemed appropriate by the 8 president of the campus, to enter some type of 9 mutual aid compact with protocols set forth 10 with a local police force. 11 This does not require, by any 12 stretch of the imagination, the kind of 13 administration that occurs with the State 14 Police. And to compare this to the State 15 Police and to look at this through that same 16 prism really defies and defiles the whole 17 purpose behind the creation of this police 18 force. 19 Their first, foremost, and virtual 20 sole responsibility is the campus upon which 21 they are employed. Their obligation is to the 22 students, the faculty, the administration and 23 any guests on that campus. 24 I don't know what is driving these 25 particular bills at this point to create a

Candyco Transcription Service, Inc. 1 quasi-State Police force when the elements 2 just are much like comparing apples and 3 oranges. To elevate this to some statewide, 4 State Police-like police force really is in 5 derogation of their creation, their role, 6 their responsibility and their duties. 7 So, Mr. President, while the bill 8 at first blush seems to be something about 9 administrative efficiencies, it certainly 10 flies in the face of the original intent of 11 the legislation, flies in the face of the 12 purpose of the police force, and I think is 13 totally uncalled for. 14 And the fact is that the SUNY 15 trustees and assumedly the chancellor -- I 16 can't believe that there would have been a 17 memorandum in opposition if the chancellor 18 felt that there should not have been a 19 memorandum in opposition -- do not believe 20 that this is the way to go, and I happen to 21 concur this is not the way to go. 22 Thank you, Mr. President. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Thank you, Senator Saland. 25 Senator LaValle.

Candyco Transcription Service, Inc. 1 SENATOR LaVALLE: To close the 2 debate, Mr. President. 3 I just wanted to clarify a couple 4 of things. The most important thing that came 5 out of the legislation on campus safety was 6 what happened at Virginia Tech. And everyone 7 out of that situation, in the hearings that we 8 held and the discussions that we held, clearly 9 talked about the system that we have in place, 10 with the president -- who, by the way, Senator 11 Klein, and I think you know it, is the person 12 who is solely the authority for whether the 13 peace officers on that campus will carry 14 firearms or not. 15 So it starts with the president. 16 It goes down to that individual who is the 17 chief of the SUNY police on that campus. And 18 as far as I know -- and we have documentation 19 of the kind of training that these police 20 officers go through. So I don't know if 21 there's someone out there, a chief or anyone 22 else, who doesn't have the kind of training 23 that other peace officers have. 24 I'm taking -- just to clarify 25 something, because the cost issue seems to be

Candyco Transcription Service, Inc. 1 important, as you being the chair of the Task 2 Force on Government Efficiency. You had 3 indicated that there were $23 million in 4 potential savings from SUNY's 2008 budget, 5 including reductions in overtime pay and 6 consolidation of campus police forces. 7 Now, you talked about Vice 8 Chancellor Monica Rimai, and she had indicated 9 she told the committee that much of the 10 overtime is paid to medical and maintenance 11 staff and that the system is a 24/7 year-round 12 operation in which overtime is unavoidable. 13 And then she said overtime is our reality. 14 Then you indicated during these 15 deliberations that there were a hundred 16 individuals that made more than 50 percent of 17 their salary in overtime pay. Nowhere do I 18 have in this, which was on Capital 19 Confidential Blog, no one in overtime were the 20 people that you want to replace, the chiefs. 21 So we're doing all this when the 22 very individuals don't get overtime pay but 23 the people that would replace them do get, 24 would get overtime pay, because they would be 25 union members from Council 82.

Candyco Transcription Service, Inc. 1 As I indicated, this $3 million 2 savings that you talked about just is a 3 specious number. It just does not hold up. 4 And as I indicated, the substitutes that would 5 replace the police chiefs, the SUNY police 6 chiefs, would be eligible for overtime. The 7 overtime -- and Monica Rimai indicated that 8 SUNY's overtime costs are 1.9 percent, well 9 below the state average of 3.1 percent. 10 So as I indicated, I don't know 11 what is going on in terms of the union and why 12 they wanted this bill. But quite honestly, 13 Senator Klein, they are the only ones that 14 want this bill. 15 And as I indicated, there probably 16 are no savings of the $3 million that you have 17 indicated. But why -- and Senator Saland was 18 very articulate and right on point -- why 19 would we do something that is going to 20 compromise student safety? 21 So I ask that there be a no vote on 22 the bill. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Are there any other Senators wishing to be 25 heard on the bill?

Candyco Transcription Service, Inc. 1 Seeing none, debate is closed. The 2 Secretary will please ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of January. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Adams, to explain his vote. 11 SENATOR ADAMS: Thank you, 12 Mr. President. 13 I'm going to be voting for this 14 bill. We have 76, 76 precincts in New York 15 City, 12 transit districts, nine PSAs, and we 16 have one commissioner. Our college campuses 17 are not the college campuses of yesteryear. 18 We need well qualified and trained individuals 19 to look over the campuses. Nowhere in Senator 20 Klein's bill does it state we're taking away 21 supervisors. In fact, he points out that he 22 wants police supervisors. 23 And lastly, when you read his 24 explanation, you see that we currently have 25 campuses where they have their own training,

Candyco Transcription Service, Inc. 1 their own standards, all separate. That is 2 not how you provide public safety for young 3 people. You must have standardized levels. 4 Even if the terrain is different, the basic 5 principles or philosophies of public safety 6 are the same regardless of if it's a snow area 7 or a sun area. 8 And I think this bill is right on 9 time, it's long overdue. We have to evolve to 10 a better system of protecting our young 11 people. And having someone at the top will do 12 the job. I will be voting aye. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Adams to be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1268 are 19 Senators Bonacic, DeFrancisco, Farley, Golden, 20 Hannon, O. Johnson, Larkin, LaValle, 21 Marcellino, Padavan, Ranzenhofer, Saland, 22 Seward, Skelos, Volker and Young. Also 23 Senators Leibell and Libous. 24 Ayes, 43. Nays, 18. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 The Secretary will continue to 3 read. 4 THE SECRETARY: Calendar Number 5 1270, by Senator Foley, Senate Print 7447A, an 6 act authorizing certain school districts. 7 SENATOR LaVALLE: Explanation. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Foley, an explanation has been 10 requested by Senator LaValle. 11 SENATOR FOLEY: Thank you, 12 Mr. President. 13 This legislation would allow school 14 districts to make a one-time transfer of up to 15 50 percent from their EBALR reserve account. 16 And that particular account statewide would 17 enable school districts to access close to 18 $485 million. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Are there any Senators wishing to be heard on 21 the bill? 22 Senator Flanagan, why do you rise? 23 SENATOR FLANAGAN: Mr. President, 24 on the bill. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Flanagan, on the bill. 2 SENATOR FLANAGAN: Thank you. 3 We've had discussions about this 4 type of reserve fund use in the past. The 5 Governor had introduced this in his budget. 6 We had offered amendments which were 7 unceremoniously defeated here as part of the 8 extenders. And now we have this bill before 9 us, and I'm going to differentiate and say I 10 support the prudent use of reserve funds to 11 help mitigate property tax issues in the 12 districts that we represent. 13 But here's my concern with this 14 bill. I think this bill goes beyond what we 15 should be allowing. Because the bill 16 specifically says, and it's relatively short, 17 that school districts are allowed to transfer 18 up to 50 percent of the total of such monies 19 or 100 percent of the excess of such monies, 20 whichever is greater, into the general fund of 21 the school districts. 22 So by using an example, let's 23 assume you had a fund with $20 million and the 24 excess was determined to be $5 million. A 25 fair reading of this bill would say that you

Candyco Transcription Service, Inc. 1 can go and take more than the $5 million, and 2 because you could take more, you could end up 3 taking $10 million, which would create a 4 situation -- which we're trying to avoid -- 5 which would allow a school district to take 6 more than the excess, thereby undermining the 7 whole point of the reserve fund and 8 potentially creating a situation where these 9 are going to be underfunded, and that could 10 down the road make that situation even worse. 11 I understand that the excess is 12 allowed to be used. But there's no oversight 13 here, from what I can see. And this would 14 allow school districts to go beyond where we 15 think we want to let them go. 16 And for that reason, Mr. President, 17 I will be voting no and I urge my colleagues 18 to do the same. Well-intended, but the 19 language needs to be changed so we can protect 20 the taxpayers while we're trying to help 21 school districts. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you, Senator Flanagan. 24 Senator LaValle. 25 SENATOR LaVALLE: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. On the bill. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator LaValle, on the bill. 4 SENATOR LaVALLE: I had similar 5 legislation. I think Senator Foley filed his 6 bill April 12, 2010; mine was February 23, 7 2009. 8 And the most important thing -- and 9 this came out of something that Comptroller 10 DiNapoli had caught and had indicated but said 11 we need legislative authority. So in the 12 first line of my bill -- and it goes to what 13 Senator Flanagan said -- "if after audit and 14 certification by the State Comptroller that 15 there are funds in excess of" blah, blah, 16 blah. We differ in terms of the prescription. 17 I say it goes to real property 18 relief or, if there is voter-approved capital 19 projects, which takes the burden off the debt 20 service that the local taxpayers have to pay. 21 So, Senator Foley, I think the most 22 important thing, there is no oversight. And 23 it makes this legislation very deficient. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Oppenheimer.

Candyco Transcription Service, Inc. 1 SENATOR OPPENHEIMER: Thank you. 2 I'm going to be voting for this 3 legislation. And I guess the only reason I 4 will is because it's a one-time transfer, only 5 for this year. Because I do agree with the 6 two people that spoke before me. The ranker 7 on the Education Committee, John Flanagan said 8 it exactly right. 9 If you are going to be removing 10 monies that are not in excess -- and that's 11 one of the options, to remove 100 percent of 12 the excess. And that I support. But if you 13 take more than the excess, it means that these 14 monies will have to be replaced at a later 15 time. They are essential to the functioning 16 of the retirement system of that school 17 district. 18 And I will be supporting it, though 19 the second part of this -- 100 percent of the 20 excess monies I can see, but 50 percent of the 21 total, whichever is greater, I cannot see. 22 But I will be supporting it since this is a 23 one-time event. And I hope we can correct it 24 if this occurs again and it becomes a 25 second-time or a third-time event.

Candyco Transcription Service, Inc. 1 Thank you. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Thank you, Senator Oppenheimer. 4 Any other Senators wishing to be 5 heard? 6 Senator Marcellino. 7 SENATOR MARCELLINO: I won't ask 8 any questions, but the appropriate -- 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Marcellino, on the bill. 11 SENATOR MARCELLINO: On the bill. 12 The appropriate language says it could be used 13 to offset any property tax increases. That's 14 great. But it also says it can be used to 15 offset any staff reductions. 16 This is a one-time hit. What do 17 you do next year with that same staff when you 18 don't have the money to pay for it? This is a 19 one-time use of this fund. And, you know, 20 it's like we did with the stimulus money; it's 21 a one-shot. Went to the schools. The schools 22 are now faced with what do we do with these 23 teachers we paid for last year? What do we do 24 with the programs we paid for last year with 25 money that we're not getting back?

Candyco Transcription Service, Inc. 1 A one-shot means it's not coming 2 back again next year. You're paying teachers 3 this year with money you will not get next 4 year. How do you replace that money? You 5 increase the taxes or you fire the teachers. 6 So you're in the same boat, you're just 7 kicking the can down the road. That's the 8 problem with the bill. 9 Fix the language and I don't have a 10 problem. The first part, mitigate property 11 taxes, great idea. But more often than not 12 this is going to go to save jobs -- another 13 good idea, but how do you pay for them next 14 year? A bad idea. 15 So in this case I would recommend a 16 no vote unless you want to pull the bill and 17 amend it and fix it and do it right. 18 Thank you, Mr. President. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Thank you, Senator Marcellino. 21 Any other Senators wishing to be 22 heard? 23 Seeing none, debate is closed. The 24 Secretary will please ring the bells. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Foley, to explain his vote. 8 SENATOR FOLEY: Thank you, 9 Mr. Chairman. 10 As I mentioned earlier, this 11 one-time allocation of a transfer will allow 12 school districts throughout the State of 13 New York to return over $485 million back to 14 the taxpayers of those particular component 15 school districts. 16 These school districts, in other 17 words, Mr. President, will be able to keep 18 property taxes down with this particular 19 allocation when they set their tax levies this 20 September. 21 And as far as accountability is 22 concerned, as we all well know, local school 23 districts have their own elected body, they 24 have the school boards. So the school boards 25 have the fiduciary responsibility in those

Candyco Transcription Service, Inc. 1 component school districts. And yes, they 2 will be making the decision and therefore they 3 would have that responsibility. 4 So this is a real win/win for the 5 people of our state at a time of a dire fiscal 6 situation for our taxpayers. This is an 7 opportunity that our school districts could 8 take if they so desire to help the local 9 taxpayers. I would strongly encourage our 10 colleagues to support this bill. 11 I vote in the affirmative. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Foley to be recorded in the 14 affirmative. 15 Senator Marcellino, to explain his 16 vote. 17 SENATOR MARCELLINO: I agree with 18 what my learned colleague just said. And if 19 everything was just -- if it ended there on 20 property tax relief, I would be an aye vote on 21 this bill. 22 But the sentence in the bill is 23 very clear: "Such funds appropriated by this 24 section shall only be used to mitigate an 25 anticipated increase in school property taxes

Candyco Transcription Service, Inc. 1 and/or restore anticipated or actual 2 staff-level reductions." 3 You've given them a Hobson's 4 choice. They're going to either go there or 5 they're going to save teachers. It could 6 happen both ways. You're going to have 7 teacher on the line whose salaries are going 8 to be paid by money this year that won't be 9 there next year. This is not a good choice. 10 I vote no. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Marcellino to be recorded in the 13 negative. 14 Senator Saland, to explain his 15 vote. 16 SENATOR SALAND: Thank you, 17 Mr. President. 18 In a day filled with mysterious 19 numbers and lack thereof, I heard our Senate 20 colleague and sponsor of the bill, Senator 21 Foley, make reference to some $485 million in 22 savings. And what I find intriguing about 23 that is the either/or situation in the bill. 24 It's either 50 percent of the employee benefit 25 fund or the excess, whichever is greater.

Candyco Transcription Service, Inc. 1 So I don't know whether that 2 $485 million means we're going to raid the 3 funds and draw them down to the 50 percent or 4 whether that is the excess over and above 5 whatever would be otherwise permissible. So 6 it's a rather fuzzy number, but today has been 7 a great day for fuzzy and mysterious numbers. 8 I vote in the negative. Thank you. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Saland to be recorded in the negative. 11 Senator Alesi, to explain his vote. 12 SENATOR ALESI: Thank you, 13 Mr. President. 14 I am going to support this bill, 15 although I share the concerns that many of my 16 colleagues have stated here. Most notably, at 17 least in this bill, I think if I can get over 18 one issue, that the bill allows the school's 19 governing body to make these decisions -- I 20 would have grave decisions about any school 21 governing body that was not elected by the 22 public. 23 But I will vote for the bill. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Alesi to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on 1270 are Senators DeFrancisco, 5 Farley, Flanagan, Golden, O. Johnson, Lanza, 6 Larkin, LaValle, Leibell, Libous, Marcellino, 7 Nozzolio, Padavan, Ranzenhofer, Saland, 8 Skelos, Volker and Young. 9 Ayes, 43. Nays, 18. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: Calendar Number 15 1272, by the Assembly Committee on Rules, 16 Assembly Print Number 11389, an act to amend 17 the Public Officers Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Padavan, why do you rise? 20 SENATOR PADAVAN: Mr. President, 21 I'm going to be brief as I possibly can. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 On the bill, Senator Padavan. 24 SENATOR PADAVAN: There are two 25 parts of this bill that create problems. One

Candyco Transcription Service, Inc. 1 is subjective, and the other is technical 2 almost to the point -- and I think really at 3 the point, Senator Espada, where you're going 4 to get a veto if you don't correct it. 5 Now, let me tell you what they are. 6 And they're in the memo from the City of 7 New York. On the subjective part of it, this 8 bill makes it a Class A misdemeanor if someone 9 were to release or disclose the contents of a 10 sealed court record. 11 Now, if a clerk were to make a 12 mistake, some person at an administrative 13 level, they're facing a jail term. So what's 14 going to happen is that they'll be very 15 reluctant, as this memo says, with the result 16 that courts, attorneys, schools, mental health 17 professionals, and law enforcement agencies 18 with a need for such records will be unable to 19 obtain them in a timely fashion. 20 And then the word "release" is very 21 broad in the way it's defined here. That 22 could also be an individual speaking about a 23 sealed record, nevertheless even providing it. 24 So that's one problem. 25 But here's the part that's fatal, I

Candyco Transcription Service, Inc. 1 think, Senator Espada, and you might want to 2 listen to this. It says the bill does not 3 incorporate or acknowledge the lawful 4 exceptions to sealed requirements which are 5 already contained in the applicable laws. For 6 example, CPL Section 150-50, subdivision 1D, 7 sets forth the circumstances under which 8 sealed records may be disclosed without a 9 court order, including for purposes of firearm 10 licensing and employment as a police or police 11 officer. 12 Yet -- and here's the part -- the 13 lawful disclosure becomes a Class A 14 misdemeanor under your bill. So, you know, in 15 effect it shoots itself in the foot. 16 I don't think you intended that to 17 happen. And I would strongly suggest that you 18 take a look at this and see what you really 19 have to do to make the bill viable. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Espada, on the bill. 22 SENATOR ESPADA: On the bill. 23 Firstly, I think the amendment to 24 the Public Officers Law is accurately stated. 25 That is, it does establish a crime for

Candyco Transcription Service, Inc. 1 intentional releasing or disclosing of the 2 nature and substance of a sealed court record. 3 And we're clearly spelling out intentionally, 4 and we're clearly saying that "intentionally" 5 means and meets all the standards of intent: 6 Knowingly, recklessly, negligently, strict 7 liability accruing to that intent. 8 And we have unfortunately tragic, 9 tragic situations -- and by way of explanation 10 I wish to dedicate this bill to the family of 11 Patrick Dorsimond, who 10 years ago, an 12 unarmed security guard, was fatally shot by a 13 police officer. No trial for the Dorsimond 14 shooter, but the juvenile records of this 15 young man were released. 16 And obviously he died. And all of 17 the damage that accrued through the media was 18 a result of Mayor Giuliani intentionally 19 releasing this information, knowingly 20 releasing this information for the media to 21 create the kind of criminality that he sought 22 to create. 23 And so this bill is necessary 24 because there are these celebrated and 25 unfortunate and tragic cases, but it happens

Candyco Transcription Service, Inc. 1 all the time to our young people in the 2 criminal justice system. 3 And so we're clear about what 4 intent means, we're clear how it applies. And 5 I ask my colleagues to support this bill 6 because this is true justice. True justice 7 for our young people, true justice for any of 8 us that could be caught in a circumstance in 9 which our youthful indiscretions we wish to 10 leave behind us. The law allows for that, and 11 anybody who breaks the law intentionally 12 should pay for that. 13 Lastly, lastly -- 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Padavan, why do you rise? 16 SENATOR PADAVAN: I'll let him 17 finish. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Okay. Senator Espada, continue. 20 SENATOR ESPADA: Lastly, the 21 ceiling provisions attach to the record. That 22 is, even if you're dead you cannot release 23 these records unless a representative of your 24 estate or a court determines that they can be 25 released.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. I shall 2 vote aye. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Thank you, Senator Espada. 5 Senator Padavan. 6 SENATOR PADAVAN: Will the 7 Senator yield to a question. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Espada, will you yield for a question 10 from Senator Padavan? 11 SENATOR ESPADA: Yes, of course. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The sponsor yields. 14 SENATOR PADAVAN: Senator Espada, 15 it says here -- and I'm going to read it, 16 because I want to be accurate: "Lawful 17 disclosure becomes a Class A misdemeanor, 18 pursuant to the language of the bill, which 19 specifically cites the various ceiling 20 statutes but prohibits the lawful disclosure 21 provided for in the statute that it cites." 22 I mean, to me it's very clear, 23 there's a major contradiction there. And I'm 24 not even a lawyer and I understand it. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Espada. 2 SENATOR ESPADA: Well, I have no 3 response in that I think it's misinterpreted, 4 misunderstood. And we stand by our bill. 5 It's carefully crafted. And quite frankly, we 6 add chapter amendments all the time here. 7 But in this instance we're clear in 8 defining intent here, and we're clear as to 9 the relief and the sanctions that should 10 accrue. 11 Thank you very much, Mr. President. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you, Senator Espada. 14 Seeing no other Senators wishing to 15 be heard, debate is closed. The Secretary 16 will please ring the bells. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Schneiderman, to explain his vote. 25 SENATOR SCHNEIDERMAN: Yes, thank

Candyco Transcription Service, Inc. 1 you, Mr. President. 2 I'm going to support this bill 3 because I think it does deal with a very 4 important issue of the unauthorized release of 5 sealed court records. 6 I do think the bill in its present 7 form probably needs some editing because it's 8 not completely clear to me that as drafted it 9 might not affect people who knowingly release 10 records, but there's no clear requirement that 11 they have to know the records are sealed. 12 So I'm going to support the 13 legislation because it is a tremendously 14 important issue that's being addressed here, 15 to ensure that when your records are sealed 16 you have confidence that they will remain 17 sealed and that no one will violate the court 18 orders that relate to the sealing. 19 So I'm going to vote yes, Mr. 20 President, and look forward to working on 21 improving this as we move forward. Thank you. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Schneiderman to be recorded in the 24 affirmative. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1272 are 3 Senators DeFrancisco, Hannon, O. Johnson, 4 Larkin, LaValle, Libous, Marcellino, Padavan, 5 Ranzenhofer, Skelos and Volker. 6 Ayes, 50. Nays, 11. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 Senator Klein, that completes the 10 reading of the controversial calendar. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can you recognize Senator Libous. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Libous. 16 SENATOR LIBOUS: There will be an 17 immediate Republican conference for no more 18 than 10 minutes. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 There will be an immediate Republican 21 conference in the Republican Conference Room 22 for no more than 10 minutes. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, 25 can we please stand at ease while the

Candyco Transcription Service, Inc. 1 Republicans conference. Can we please return 2 at ten after 9:00. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Senate will stand at ease until ten after 5 9:00 while the Republicans conference. 6 (Whereupon, the Senate stood at 7 ease at 9:03 p.m.) 8 (Whereupon, the Senate reconvened 9 at 9:34 p.m.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, if 13 we could just briefly return to motions, I 14 have a single motion. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Returning to motions and resolutions. 17 Senator Klein. 18 SENATOR KLEIN: On behalf of 19 Senator Kruger, I move to recommit Senate 20 Print Number 6610B, Calendar Number 1291 on 21 the order of third reading, to the Committee 22 on Rules. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 So ordered, Senator Klein. 25 SENATOR KLEIN: Mr. President, is

Candyco Transcription Service, Inc. 1 there any further business at the desk? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The desk is clear, Senator Klein. 4 SENATOR KLEIN: There being no 5 further business, Mr. President, I move that 6 we adjourn until Tuesday, June 29th, at 7 12:00 p.m. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein, there being no further business 10 to come before the Senate, on motion, the 11 Senate stands adjourned until Tuesday, 12 June 29th, at 12:00 p.m. 13 (Whereupon, at 9:35 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24 25

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