Tuesday, June 29, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 29, 2010 11 1:29 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CRAIG M. JOHNSON, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, June 28, the Senate met pursuant to 19 adjournment. The Journal of Sunday, June 27, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Savino, I wish to call up 11 Print Number 2311D, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The Secretary will read the title. 15 THE SECRETARY: Calendar Number 16 196, by Senator Savino, Senate Print 2311D, an 17 act to amend the Labor Law and others. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, I 21 now move to reconsider the vote by which this 22 bill was passed. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The Secretary will call the roll on 25 reconsideration.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 now offer the following amendments. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Amendments received. 9 SENATOR KLEIN: I believe there 10 are substitutions at the desk. I ask that we 11 make the substitutions at this time. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Secretary will read. 14 THE SECRETARY: On page 5, 15 Senator LaValle moves to discharge, from the 16 Committee on Rules, Assembly Bill Number 6848A 17 and substitute it for the identical Senate 18 Bill Number 3292A, Third Reading Calendar 68. 19 And on page 25, Senator Duane moves 20 to discharge, from the Committee on Rules, 21 Assembly Bill Number 8117B and substitute it 22 for the identical Senate Bill Number 5007A, 23 Third Reading Calendar 900. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Substitutions ordered.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, 3 before we proceed, I just want to recognize 4 this is a very special day for one of our 5 colleagues who we hold near and dear. She is 6 someone I consider a dear friend, and I know 7 all of us do. Today is Shirley Huntley's 8 birthday and anniversary. 9 (Applause.) 10 SENATOR HUNTLEY: Thank you. 11 Thank you. Thank you. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Congratulations, Senator Huntley, on both the 14 birthday and the anniversary. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time I move to recall Senate Resolution 18 Number 6298, which was previously adopted. I 19 ask that the resolution be read in its 20 entirety and ask that Senator Parker, when he 21 gets here, be allowed to speak on his 22 resolution. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The Secretary will read the resolution in its 25 entirety.

Candyco Transcription Service, Inc. 1 THE SECRETARY: By Senator 2 Parker, Legislative Resolution Number 6298, 3 mourning the death of Local 371 President 4 Charles Stephen Ensley, distinguished citizen 5 and devoted member of his community. 6 "WHEREAS, It is the custom of this 7 Legislative Body to pay tribute to citizens of 8 the State of New York whose lifework and civic 9 endeavor serve to enhance the quality of life 10 in their communities and the great State of 11 New York; and 12 "WHEREAS, Charles Ensley died on 13 Friday, June 18, 2010, at the age of 69; and 14 "WHEREAS, President of Local 371 15 for 26 years, Charles Ensley was born in 16 Birmingham, Alabama. He grew up amid the 17 civil rights campaigns of the 1960s, and some 18 of his principles came" -- 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Can we please have some order. 21 The Secretary will continue to 22 read. 23 THE SECRETARY: "And WHEREAS, 24 President of Local 371 for 23 years, Charles 25 Ensley was born in Birmingham, Alabama. He

Candyco Transcription Service, Inc. 1 grew up among the civil rights campaigns of 2 the 1960s, and some of his principles came 3 from his father, John, who in the 1950s led 4 African-American workers against brutal 5 opposition in a long battle for equal pay at 6 the Birmingham News; and 7 "WHEREAS, Charles Ensley had 8 unionism, equality and integrity in his DNA. 9 Growing up in Birmingham as the youngest of 10 four children, he learned the importance of 11 individual goals as well as group goals; and 12 "WHEREAS, Charles Ensley graduated 13 from Parker High School, at that time the 14 largest black high school in the country. He 15 later went on to attend Howard University in 16 Washington, D.C.; and 17 "WHEREAS, Charles Ensley soon 18 married, and both he and his wife, Annette, 19 moved to New York City in 1965. He became a 20 caseworker in the Bureau of Child Welfare 21 Bedford-Stuyvesant office, and also provided 22 services in tutoring kids in Harlem and in 23 educating welfare rights groups; and 24 "WHEREAS, In 1982, after a hotly 25 contested election, with more than 70 percent

Candyco Transcription Service, Inc. 1 of the vote Charles Ensley became president of 2 Local 371 and began demanding more democracy 3 and financial accountability in the union; and 4 "WHEREAS, Charles Ensley was an 5 innovative, independent leader with high 6 integrity. Possessing an amazing sense of 7 humor and a quick wit, he fought with vigor 8 and intelligence, and was proud of winning 9 dignity and job protections for his members 10 and never wavered in his steadfast 11 determination to pursue a progressive agenda; 12 and 13 "WHEREAS, Charles Ensley believed 14 that diversity is a major source of the 15 strength of the union. Regardless of race, 16 gender, blue collar or professional, the 17 common ground has been defending the rights of 18 every single union member; and 19 "WHEREAS, Under Charles Ensley's 20 leadership as a tough negotiator, Local 371 21 became the 'Mighty, Mighty Union,' and its 22 membership grew from 9,000 to 17,000 members. 23 He received numerous awards for his work, 24 among them the prestigious Ellis Island Medal 25 of Honor in 2001; and

Candyco Transcription Service, Inc. 1 "WHEREAS, Charles Ensley served on 2 a number of boards, including the AFSCME 3 International Executive Board. He enjoyed 4 jazz, theater, and reading that ranged from 5 Russian literature to the French 6 existentialists, with a particular interest in 7 black history and the development of the black 8 novel. In addition, he was a collector of 9 black art and surrounded himself with some of 10 the well-known and lesser-known artists from 11 around the world; and 12 "WHEREAS, Prior to his death, 13 Charles Ensley asked that everyone, 14 particularly Local 371 members, use time, 15 energy and resources in maintaining the 16 Mighty, Mighty Union. He was a true asset to 17 society; and 18 "WHEREAS, Charles Ensley 19 distinguished himself in his profession and by 20 his sincere dedication and substantial 21 contribution to the welfare of his community; 22 and 23 "WHEREAS, Charles Ensley's 24 commitment to excellence, and his spirit of 25 humanity, carried over into all fields of

Candyco Transcription Service, Inc. 1 enterprise, including charitable and civic 2 endeavors; and 3 "WHEREAS, Charles Ensley is 4 survived by his wife, Annette, his sister, 5 Barbara Jean, his nephews, Bradley and 6 Clarence, his niece, Imani, along with many 7 cousins; and 8 "WHEREAS, Armed with a humanistic 9 spirit, imbued with a sense of compassion, and 10 comforted by a loving family, Charles Ensley's 11 life was a portrait of service, a legacy which 12 will long endure the passage of time and 13 remain as a comforting memory to all he served 14 and befriended; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to mourn the 17 death of Local 371 President Charles Stephen 18 Ensley, distinguished citizen and devoted 19 member of his community; and be it further 20 "RESOLVED, That a copy of this 21 resolution, suitably engrossed, be transmitted 22 to the family of Charles Ensley." 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Smith. 25 SENATOR SMITH: Thank you very

Candyco Transcription Service, Inc. 1 much, Mr. President. 2 Colleagues, it is on very rare 3 occasions you have the opportunity to 4 celebrate someone's life. Normally when a 5 person passes, obviously there is remorse, 6 there is concern, your heart is broken, your 7 spirit seems shattered because of the 8 separation of that person's involvement in 9 your life. 10 Charles Ensley was that person. 11 And while my heart is very heavy for someone 12 who had a tremendous amount of integrity, a 13 tremendous amount of independence, leadership, 14 one who regardless of how one felt about a 15 decision that he made, if he gave you his word 16 for something, it was clear. 17 I can remember my first attempts at 18 running for office when I was what you would 19 call an insurgent and every single person was 20 on the other side of the fence from me. 21 Charles Ensley was a person who stood up to 22 not only the powers that be of DC37, but to 23 all other labor supporters, and said "I'm 24 going to be with this person." He took a lot 25 of heat for it, as Senator Savino can tell

Candyco Transcription Service, Inc. 1 you, for years. But he was that kind of a 2 person. 3 But I rise today to say to Charles 4 that I will never forget your friendship, I 5 will never forget what you stood for for the 6 poor people of the City of New York. 7 Most people think union leaders 8 represent those who are working. Yes, that is 9 true. But Charles represented people who were 10 not working. He represented a lot of people 11 who felt as though nobody would speak up for 12 them, and he would at times put his own 13 personal integrity and his leadership of his 14 particular local on the line. 15 I can't tell you of a finer local 16 leader than Charles Ensley. I've known many 17 of them, many of you know them. For those of 18 you who have not had the opportunity to know 19 Charles Ensley, you missed a real special 20 person. 21 This resolution that we're going to 22 adopt today is well worded. But if I had to 23 describe its total explanation of Charles 24 Ensley, I'd say it represents only 10 percent, 25 because the emotion and the spirit of this

Candyco Transcription Service, Inc. 1 individual one could not capture in words. 2 So as I stand here today, I 3 congratulate my colleague Senator Diane Savino 4 for not only this resolution, but thank you 5 for introducing me to Charles. It was because 6 of you that I developed this very special 7 relationship. 8 And I ask all my colleagues that 9 you will say a silent prayer for this 10 individual at some point during your day, 11 because this is a loss to the people of this 12 state, no question about it. 13 And Senator Diane Savino, my heart 14 goes out to you as well, because I know how 15 close you and Charles were. 16 Thank you, Mr. President. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Thank you, Senator Smith. 19 Senator Parker, on the resolution. 20 SENATOR PARKER: Mr. President, 21 on the resolution. 22 We have not come to bury Charles 23 Ensley today but to celebrate his life. And 24 this was a life certainly worth living. To 25 paraphrase King, it is not where a person

Candyco Transcription Service, Inc. 1 stands in times of comfort but in times of 2 challenge and in times of difficulty in which 3 people are judged. 4 And certainly you found Charles 5 Ensley on the front lines every single time it 6 mattered. Every single time it was important 7 for somebody to stand up and do the right 8 thing, you found Charles Ensley at the front 9 and prepared to do the right thing despite 10 what everybody else said or what anybody else 11 did. 12 Similar to Senator Smith's 13 testimony today, I have a similar testimony in 14 which, when I ran for office and no one was 15 ready to support me, Charles Ensley did the 16 right thing and came forward for me. 17 And I share my condolences to you, 18 Diane, who I know you were very, very close to 19 President Ensley. 20 He was somebody who not only led 21 the members of Local 371 of DC 37 with courage 22 and dignity and a knife-cutting honesty, but 23 somebody who saw himself as a leader of New 24 Yorkers all over the state, particularly 25 working men and women who were trying to just

Candyco Transcription Service, Inc. 1 make a way in the world. And people who 2 didn't have much. 3 You know, the social service 4 workers union is a group of people who work 5 with the least of those in our society. And 6 so he saw both the mission of helping his 7 actual members who were doing the work as well 8 as the clients that they served as his 9 constituency. 10 And I rededicate myself today to 11 those same principles of making sure that 12 every New Yorker, particularly the least of 13 those in our society, are in fact cared for 14 and get the best possible representation they 15 can. 16 We remember and honor the life and 17 legacy of Charles Ensley. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Thank you, Senator Parker. 20 Senator Liz Krueger. 21 SENATOR LIZ KRUEGER: I too want 22 to rise to say that it is a real loss to us 23 all for Charles Ensley no longer being on this 24 earth with us. 25 Like some of my other colleagues, I

Candyco Transcription Service, Inc. 1 knew Charles a long time. I knew him long 2 before I even thought about running for 3 political office. I was running 4 not-for-profit organizations, working on 5 behalf of low-income New Yorkers, working side 6 by side with members of 371 -- sometimes not 7 always being in agreement with 371 and needing 8 to go in and talk to Charles about why what he 9 thought was the right answer for his workers 10 might not have been the right answer for the 11 low-income people of the City of New York who 12 his workers work with day by day. 13 I worked with him to argue against 14 the fundamentally wrong policies of the 15 Giuliani administration during those years, 16 worked with him to improve federal law, state 17 law, government regulations and policies that 18 affected both his workers and millions of 19 people in the City of New York. 20 And he never forgot why he had the 21 job he did, that his job was to represent his 22 members but to represent the fundamental core 23 values of society and government's obligations 24 to help those most in need. 25 And he was an amazing man. And so

Candyco Transcription Service, Inc. 1 hopefully none of us will forget the lessons 2 of Charles Ensley's life and what he actually 3 did for all of us, whether we ever knew him or 4 not. 5 Thank you very much, Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Thank you, Senator Liz Krueger. 8 Senator Duane. 9 SENATOR DUANE: Thank you, 10 Mr. President. I also rise to speak in 11 tribute of Charles Ensley. 12 On so many levels he was an amazing 13 man. I want to say, because I don't want to 14 forget this, not least of which was -- I don't 15 want to say discovering, but recognizing, 16 investing in, mentoring, supporting one of the 17 finest elected officials and union leaders I 18 have ever met or worked with, Diane Savino. 19 And so for that alone, he deserves enormous 20 praise. 21 Charles Ensley within his union was 22 a voice of conscience and reason and 23 determination. And he was a person who never 24 forgot the mission of the members of his local 25 and of his union. And that was a combination

Candyco Transcription Service, Inc. 1 of making sure that his workers had the 2 strongest possible voice for their well-being 3 as well as making sure that the mission of 4 their workers was also to serve people. 5 Because the members of that union 6 are the people who are front lines in making 7 life a little bit better and a little bit 8 easier for people who need help. And in fact, 9 for those of us who believe that government 10 can make a difference in people's lives, these 11 are the actual municipal workers who make a 12 difference in people's lives. 13 To listen to Charles Ensley talk 14 about case managers or social workers was -- 15 it was a beautiful -- it was wonderful. I had 16 the honor of working on the City Council when 17 he would come and testify, and he was riveting 18 and he was always on point and he was 19 convincing and he was amazing. 20 Some of you know this, many of 21 you -- some of you may know it that, you know, 22 there were various things in the New York City 23 Council that I was known for, and here as 24 well. But the thing that I am most proud of 25 is the thing that I worked on with Charles

Candyco Transcription Service, Inc. 1 Ensley and, frankly, Diane Savino. And that 2 was Local Law 49, which, when former Mayor 3 Giuliani first tried to eliminate the city's 4 Division of AIDS Services, now called HASA -- 5 and then, when he failed at doing that, tried 6 to, under the guise of reform, decimate it -- 7 we were able to put that part of that agency, 8 that department, into law so no mayor, no one 9 could ever, ever, ever eliminate it or destroy 10 it. 11 And Charles and Diane and people in 12 the activist community -- it was the most 13 amazing thing. And it is the model for how it 14 is that we should provide social services. 15 And though it's now 13 years ago that that law 16 was passed, it is a model for how social 17 services should be provided. And I believe 18 that Charles would agree with that. 19 Loyal, forceful, smart, funny 20 sometimes -- just an amazing, just a giant, a 21 lion in the labor movement for the people of 22 the City of New York and for the people that 23 he represented and for the people that he 24 represented, the people that they helped every 25 day. A tremendous loss.

Candyco Transcription Service, Inc. 1 But I think, as I think about it 2 now, every day that we do something that 3 impacts people through our social services or 4 children and families legislation here, I'm 5 going to think what would Charles do, how 6 would Charles get this done, where he would 7 find common ground. 8 He'll be tremendously missed and 9 not forgotten. And, Diane, I am so sorry for 10 your loss. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Diane Savino. 13 SENATOR SAVINO: Thank you, 14 Mr. President. I am going to try and do this 15 without getting too upset. 16 The person that you heard Senator 17 Parker and Senator Smith and Senator Duane and 18 Senator Krueger talk about and you heard Tommy 19 read about is everything that they said he 20 was. But he's more than that. He is the 21 person who was principally responsible for who 22 I am today and why I'm standing here. 23 He was not just the president of my 24 union -- although he was -- he was my friend, 25 my mentor, in many ways a father to me in a

Candyco Transcription Service, Inc. 1 way my own father wasn't. So that's the 2 personal part of Charles, and that's why it's 3 a tremendous loss to me. 4 But for the people of the City of 5 New York, the people of the State of New York, 6 and more importantly for the labor movement, 7 it is a tremendous loss. 8 You know, we read every day about 9 union leaders -- as a matter of fact, I think 10 the Post did a story this week about the 11 exorbitant salaries of union leaders and how 12 they're not representing their membership. 13 You will never see anything remotely like 14 that -- 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Can we please have some order in the chamber. 17 Thank you. 18 SENATOR SAVINO: You will never 19 see anything remotely like that written about 20 Charles Ensley. 21 He was fiercely independent, 22 fiercely proud, and actually had real disdain 23 for those who would abuse the leadership of 24 working people. He had a perverse sense that 25 a union leader should never get too far away

Candyco Transcription Service, Inc. 1 from their membership. 2 And in fact he had a hard and fast 3 rule that as the president of the union, 4 particularly in a civil service union, he 5 would not earn more than his civil service 6 title. And in fact all of us who worked at 7 the union office were in the same position. 8 And he would say, "Girl, if you want a raise, 9 we'll negotiate it at the bargaining table. 10 And if you want a promotion, you take a civil 11 service test." 12 He felt incredibly strongly that 13 union leaders should not get that far away 14 from their members, that you had to live under 15 the contract to really understand what your 16 union members needed. And in an age where 17 union presidents are earning $300,000 a 18 year -- that would never have happened with 19 Charles. 20 He was the person to demand honesty 21 and integrity in his parent union. He was the 22 one who uncovered the scandals at Council 37 23 which led to the administratorship and the 24 eventual jailing of several union leaders for 25 abusing the union's membership. He never gave

Candyco Transcription Service, Inc. 1 up trying to fight to improve Council 37. 2 And his loss is a tremendous loss 3 not just for them, but for all of us. Because 4 over the years, not just at the bargaining 5 table and not just in the halls of government, 6 he recognized his responsibility to improve 7 the lives of the people that he represented as 8 well as the people they served. 9 As I said, he is principally 10 responsible for who I am today. He taught me 11 everything I ever knew about unions, he taught 12 me everything I ever knew about government. 13 And every day -- like you, Tom -- when I look 14 at a problem I find myself saying what would 15 Charles do. And the greatest loss to me right 16 now is I can't call him and ask him. 17 But I know what he would do. And I 18 think we all do. Any of us who were touched 19 by his life would know what Charles would do. 20 And so, as Kevin said, I will commit, every 21 day that I'm in office or in public life, to 22 continue in the tradition of Charles Ensley, 23 who left this world a better place than he 24 found it, left the labor movement a far better 25 place than he found it.

Candyco Transcription Service, Inc. 1 And a voice who is so desperately 2 needed for working people has been silenced. 3 But it won't be as long as people like myself, 4 Kevin, and Liz and Tom and Malcolm, who knew 5 him, who worked with him, will be able to 6 continue his legacy. 7 Thank you. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Thank you, Senator Savino. 10 I ask all members in the chamber to 11 please rise to honor, in a moment of silence, 12 the life of Charles Ensley. 13 (Whereupon, the assemblage 14 respected a moment of silence.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 This resolution was unanimously adopted on 17 June 25th. 18 Senator Serrano. 19 SENATOR SERRANO: Mr. President, 20 at this time I move to recall Senate 21 Resolution Number 6260, which was previously 22 adopted, and I ask that Senator Little be 23 permitted to speak on the resolution. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 I would ask for order in the chamber as

Candyco Transcription Service, Inc. 1 Senator Little honors the passing of former 2 New York State Assemblyman James Preston King. 3 Senator Little. 4 SENATOR LITTLE: Thank you, 5 Mr. President. 6 I rise today and ask all my 7 colleagues to join me as we recognize a 8 lifetime of achievement by James Preston King. 9 He truly was one of the most honorable public 10 servants that I have ever known. 11 And in recognition of his public 12 service, the Government Law Center at Albany 13 Law School in April created the Lifetime 14 Achievement in Public Services Award, awarded 15 it to Jim King, and thereby named that award 16 after him. 17 Jim King was a man of many talents 18 and wore many hats. He had many titles. He 19 was a Marine Corps general of the JAG Corps. 20 He was an Assemblyman who left office in 1995, 21 and I was elected to complete his term. He 22 was a Court of Claims judge. He was chief 23 counsel to the Secretary of State. He was a 24 commissioner on the Lobbying Commission, a 25 member of the Public Integrity Commission. He

Candyco Transcription Service, Inc. 1 was a professor at Siena College and Albany 2 Law School. He was a leader of the band and a 3 trombonist; many of us enjoyed his music at 4 one time or another. 5 But the titles that were most 6 important to him were that of husband -- he 7 was husband to Jane, who predeceased him after 8 47 years of marriage, and to Anne, his wife of 9 the past three years. He was dad to three 10 sons -- his son Jim, in Ticonderoga; his son 11 David, who is a member of the Finance staff of 12 the majority here; and his son Glenn, who 13 works at the Attorney General's office. 14 In all of these things, Jim King 15 was helping other people and always out to do 16 what he could for others, and his entire 17 lifetime was spent doing that in the many 18 roles that he played. But I think, of all the 19 titles that I like the best of Jim King, is 20 that that I can use in talking about him 21 personally, as being a friend. 22 So I thank you for recognizing him 23 today and for honoring his family with a 24 legislative resolution that we have passed and 25 that I will forward to his family.

Candyco Transcription Service, Inc. 1 Thank you very much. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Thank you, Senator Little. 4 Senator Farley, on the resolution. 5 SENATOR FARLEY: Thank you very 6 much, Mr. President. 7 I also rise to support what Senator 8 Little had to say about one of the most 9 remarkable men that I ever met. An incredible 10 person that grew up in modest circumstances, 11 went into the Marine Corps, ended up as a 12 general, the adjutant general, a distinguished 13 lawyer, law professor, Assemblyman, trombone 14 player. He had everything in the -- I never 15 saw anybody that was so diversified in his 16 talents. 17 And not only on top of that, as he 18 served in the Assembly, I don't know anybody 19 that didn't love him. He was the nicest man 20 to work with. From both sides of the aisle, 21 Jim King was respected and loved. 22 He was a wonderful father with an 23 absolutely gorgeous wife and beautiful 24 children. And everything he did, he did well. 25 He served as an Assemblyman in my district,

Candyco Transcription Service, Inc. 1 and it was an absolute joy to work with him. 2 And Jim King, every time you met 3 him or had a dealing with him, you came away 4 feeling good. Jim King is a remarkable man 5 and somebody that really made quite an impact 6 in this world. And I wish he and his family 7 all the best, because they can be very proud 8 of the legacy that their father left. 9 Thank you. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Farley. 12 Senator Leibell. 13 SENATOR LEIBELL: Thank you, 14 Mr. President. 15 I just want to echo my colleagues' 16 comments. Having served in the Assembly, I 17 served there with Jim King, and he truly was a 18 remarkable man with a wonderful family. 19 I recall, when my children were 20 young, he and his wife Jane inviting our 21 family to spend a weekend with him up in the 22 district, Betty. And it was a wonderful 23 weekend. 24 He was great with kids but also, as 25 has been noted, a remarkable career of public

Candyco Transcription Service, Inc. 1 service to New York State but also, before 2 that, to this country. He was a fairly senior 3 officer in the Marine Corps when he was 4 serving in Vietnam, and we often talked about 5 his experiences there. 6 He was a great public servant, a 7 great American, and he will be sorely missed. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Thank you, Senator Leibell. 10 I ask all persons in the chamber to 11 please rise and join me in a moment of silence 12 on the passing of James Preston King. 13 (Whereupon, the assemblage 14 respected a moment of silence.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Serrano. 17 SENATOR SERRANO: Mr. President, 18 at this time I move to adopt the Resolution 19 Calendar in its entirety. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 All those in favor of adopting the Resolution 22 Calendar in its entirety please signify by 23 saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Resolution Calendar is adopted. 5 Senator Serrano. 6 SENATOR SERRANO: Mr. President, 7 at this time can we go to a reading of the 8 calendar. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 239, by Senator Valesky, Senate Print 6718A, 13 an act relating to authorizing. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 A home-rule message is at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 600, by Senator Stewart-Cousins, Senate Print 4 6697, an act to amend the General Municipal 5 Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 A home-rule message is here at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 807, by Member of the Assembly Perry, Assembly 21 Print Number 3563, an act to amend the 22 Election Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the 30th day. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 807 are 9 Senators Golden, Griffo, Nozzolio, Skelos and 10 Volker. Also Senator Young. 11 Ayes, 55. Nays, 6. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 929, by Senator Stewart-Cousins, Senate 16 Print -- 17 SENATOR LIBOUS: Lay it aside. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is laid aside. 20 THE SECRETARY: Calendar Number 21 974, by Senator Dilan, Senate Print 3772A, an 22 act to amend the Public Authorities Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 4. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 974 are 9 Senators DeFrancisco, Flanagan, O. Johnson, 10 LaValle, Leibell, Little, Marcellino, 11 Ranzenhofer, Saland, Skelos, Volker and 12 Winner. Also Senator Larkin. Also Senator 13 Fuschillo. Also Senator Bonacic. 14 Ayes, 46. Nays, 15. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1021, by Senator Foley, Senate Print 7263C, an 19 act to amend the Public Service -- 20 SENATOR LIBOUS: Lay it aside. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is laid aside. 23 THE SECRETARY: Calendar Number 24 1196, by Senator -- 25 SENATOR SERRANO: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1197, by Member of the Assembly Pheffer, 6 Assembly Print Number 275A, an act to 7 establish a New York State Automatic 8 Identification Technology Privacy Task Force. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1197 are 20 Senators DeFrancisco, Farley, Flanagan, 21 Golden, Hannon, O. Johnson, Lanza, Larkin, 22 LaValle, Libous, Little, Marcellino, Maziarz, 23 Ranzenhofer, Seward, Skelos and Winner. Also 24 Senator Saland. 25 Ayes, 43. Nays, 18.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 1276, by Senator Adams, Concurrent Resolution 5 of the Senate and Assembly proposing -- 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1286, Senate Budget Bill, Senate Print 6601A, 11 an act -- 12 SENATOR SERRANO: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside for the day. 16 Senator Serrano, that completes the 17 noncontroversial calendar. 18 SENATOR SERRANO: Mr. President, 19 can I remove the lay aside for the day on 20 Calendar Number 1196. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Serrano, we will remove the lay aside 23 for the day on Calendar Number 1196 and call 24 that back up on the noncontroversial calendar. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1196, by Senator Stewart-Cousins, Senate Print 2 7190, an act to provide an apportionment. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Robach, to explain his vote. 12 SENATOR ROBACH: Yes, very 13 briefly, Mr. President, to explain my vote. 14 Obviously everyone is always doing 15 what they can to try and benefit their 16 constituents' and students' education. But 17 this clearly should be a budget item. 18 And while in all due respect to the 19 sponsor I understand the need in her 20 community, certainly there are needier 21 communities, others that would like to have 22 the same thing. And I think these are items 23 that should be included in the budget, not 24 done in separate preferential treatment for 25 one group of constituents rather than another.

Candyco Transcription Service, Inc. 1 And so for that reason I am forced 2 to vote in the negative. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Robach to be recorded in the negative. 5 Senator Stewart-Cousins, to explain 6 her vote. 7 SENATOR STEWART-COUSINS: Thank 8 you, Mr. President. 9 I certainly rise to thank my 10 colleagues who will support this measure for 11 the children of Yonkers. For however many 12 decades, Yonkers has once and several times 13 implored the state to create a formula that 14 works for Yonkers. 15 Yonkers is in a unique position, 16 neither fish nor fowl. While it is in 17 Westchester County, the population in the 18 school district is qualified for free and 19 reduced lunch. Even Senator Skelos in 2008, 20 in our daily newspaper headline, "Skelos Backs 21 More State Education Money for Yonkers," and 22 said that he would back rewriting the state 23 education funding formula for the city. 24 There was not an easy way to do it, 25 because anything you do triggers things for

Candyco Transcription Service, Inc. 1 other communities. So the superintendent, in 2 conjunction with other leaders in our 3 district, realized that one way to do it was 4 to look at the increased enrollment. And over 5 the past year the enrollment has increased by 6 almost 600 young people, and that's not 7 included in the formula. 8 So whereas the funding had been cut 9 in the City of Yonkers, there had been no 10 consideration for the increase. This allows 11 for consideration going forward for the 12 increase in the student body and the 13 realization that Yonkers indeed is one of the 14 Big Five, is unique, and certainly in this 15 respect should have all of its students 16 counted. 17 So certainly I vote aye. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Stewart-Cousins to be recorded in the 20 affirmative. 21 Senator Farley, to explain his 22 vote. 23 SENATOR FARLEY: Thank you. 24 Nobody likes to vote against 25 anything for Yonkers. But let me just say

Candyco Transcription Service, Inc. 1 that when we don't even fund libraries for 2 $2 million, we could take some of this money 3 and statewide help the education system for 4 everyone with supporting libraries. 5 I vote no. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Farley to be recorded in the negative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1196 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 CRAIG JOHNSON: 21 Senator Saland, to explain his vote. 22 I apologize, Senator Saland. 23 SENATOR SALAND: Thank you, 24 Mr. President. I merely wanted to make 25 comment to the fact that Yonkers already

Candyco Transcription Service, Inc. 1 receives an enhancement grant that none of the 2 other Big Four receive, somewhere in the 3 area -- I believe it might be somewhere in the 4 area as much as $17 million. 5 So there certainly has been a 6 recognition in the monies that have been 7 driven under the existing education formula to 8 the particular needs of the City of Yonkers. 9 Thank you, Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Saland. You were recorded 12 in the negative. 13 We announced the results: 32-29. 14 The bill is passed. 15 Senator Serrano, now that completes 16 the noncontroversial calendar. 17 SENATOR SERRANO: Thank you, 18 Mr. President. At this time can we go to a 19 controversial reading of the calendar. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The Secretary will ring the bell. Members are 22 all asked to come to the chamber for a reading 23 of the controversial calendar. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 929, by Senator Stewart-Cousins, Senate Print 2 7962C, an act to amend the General Municipal 3 Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Are there any Senators wishing to be heard on 6 the bill? 7 Seeing none, the debate is closed. 8 The Secretary will please ring the bells. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 929 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 SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1021, by Senator Foley, Senate Print -- 7 SENATOR SERRANO: Madam 8 President, could we lay that bill aside 9 temporarily. 10 ACTING PRESIDENT SAVINO: The 11 bill is laid aside temporarily. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1276, by Senator Adams, Senate Print 8119A, 15 Concurrent Resolution of the Senate and 16 Assembly proposing an amendment to Section 9 17 of Article 1 of the Constitution. 18 ACTING PRESIDENT SAVINO: Are 19 there any Senators wishing to be heard? 20 Seeing none, debate is closed. The 21 Secretary will ring the bells. 22 Senator Padavan. 23 SENATOR PADAVAN: When we get to 24 that point, I'd like to explain my vote, 25 please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT SAVINO: 5 Senator Padavan, to explain his vote. 6 SENATOR PADAVAN: Thank you, 7 Madam President. 8 There's an old adage that you know 9 the session is going to end when there's a 10 gambling bill that's before us. And here we 11 are again, as we have been for decades now, 12 with some additional type of gambling venue 13 imposed upon the people of this state. 14 And I'm just simply going to 15 explain my vote because we could go on by the 16 hour in terms of talking about this issue. 17 Here's where we are. We are the 18 state in this great nation with the greatest 19 number of problem and compulsive gamblers, 20 over a million people. We are a state that 21 gambles somewhere in excess of over 22 $50 billion annually in all of the various 23 venues that are out there. We are the 24 "Gambling State" and no longer the Empire 25 State.

Candyco Transcription Service, Inc. 1 Why has that happened? Year after 2 year a new gambling idea -- it began with the 3 lottery in the '60s, an annual event, 4 semiannual, and now every minute, depending on 5 how fast you can scratch off a card. Super 6 Lotto, Quick Draw, VLTs at racetracks, Indian 7 casinos. On a per capita basis, we gamble 8 more in New York State than any state 9 including Nevada. 10 And that's money that's sucked 11 right out of the economy. And if you don't 12 think there's a price to pay for it, there is. 13 In social services, in criminality, in 14 disruption in local communities wherever these 15 venues are. 16 There are all kinds of studies all 17 over the country, including in New York by the 18 New York State Council on Problem Gambling, 19 that tell us the more opportunities you have, 20 the more problems you create. And this 21 amendment, if it ever became reality, 22 constitutional amendment, would just be one 23 more opportunity building upon all the others 24 that have brought us to this state we're in. 25 And I will be voting no.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Padavan to be recorded in the negative. 3 Are there any other Senators 4 wishing to explain their vote? 5 Seeing none, announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1276 are 8 Senators Diaz, Duane, Hannon, L. Krueger, 9 LaValle, Leibell, Marcellino, Padavan, 10 Ranzenhofer, Robach, Saland, Skelos and 11 Volker. Also Senator Alesi. 12 Ayes, 47. Nays, 14. 13 ACTING PRESIDENT SAVINO: The 14 amendment passes. 15 THE SECRETARY: Calendar Number 16 1286, Senate Budget Bill, Senate Print 6601A, 17 an act making appropriations for the support 18 of government. 19 SENATOR SERRANO: Could we lay 20 that bill aside for the day. 21 ACTING PRESIDENT SAVINO: The 22 bill is laid aside for the day. 23 Senator Serrano. 24 SENATOR SERRANO: Madam 25 President, there will be an immediate meeting

Candyco Transcription Service, Inc. 1 of the Rules Committee in Room 332. 2 Pending the return of the Rules 3 Committee, can we please stand at ease. 4 ACTING PRESIDENT SAVINO: There 5 will be an immediate meeting of the Rules 6 Committee in Room 332. 7 Pending the return of the Rules 8 Committee, the Senate stands at ease. 9 (Whereupon, the Senate stood at 10 ease at 2:30 p.m.) 11 (Whereupon, the Senate reconvened 12 at 3:32 p.m.) 13 ACTING PRESIDENT SAVINO: Senator 14 Klein. 15 SENATOR KLEIN: Madam President, 16 I believe there's a Rules report at the desk. 17 I move that we adopt the report at this time. 18 ACTING PRESIDENT SAVINO: Senator 19 Klein, there is a report of the Rules 20 Committee at the desk. 21 The Secretary will read. 22 THE SECRETARY: Senator Smith, 23 from the Committee on Rules, reports the 24 following bills: 25 Senate Print 754, by Senator

Candyco Transcription Service, Inc. 1 Breslin, an act to amend the General Business 2 Law; 3 1385, by Senator Duane, an act to 4 amend the Elder Law; 5 2208B, by Senator Diaz, an act to 6 amend the Elder Law; 7 2361C, by Senator Parker, an act to 8 amend the General Business Law; 9 2809, by Senator Morahan, an act to 10 amend the Tax Law; 11 3182A, by Senator Marcellino, an 12 act to authorize; 13 3317A, by Senator Oppenheimer, an 14 act to amend the Administrative Code of the 15 City of New York; 16 3430, by Senator Breslin, an act to 17 amend Chapter 415 of the Laws of 1913; 18 4786A, by Senator L. Krueger, an 19 act to amend the Insurance Law; 20 5108, by Senator Savino, an act to 21 amend the Workers' Compensation Law; 22 5388A, by Senator Squadron, an act 23 to amend the Public Authorities Law; 24 5439B, by Senator Valesky, an act 25 to amend the Racing, Pari-Mutuel Wagering and

Candyco Transcription Service, Inc. 1 Breeding Law; 2 5768, by Senator Schneiderman, an 3 act to amend the Business Corporation Law; 4 5794A, by Senator Oppenheimer, an 5 act to amend the Agriculture and Markets Law; 6 6418A, by Senator C. Johnson, an 7 act to amend the Penal Law; 8 6432, by Senator Skelos, an act to 9 amend Chapter 846 of the Laws of 1970; 10 6726, by Senator Stachowski, an act 11 to amend the Limited Liability Company Law; 12 6832A, by Senator O. Johnson, an 13 act to amend Chapter 572 of the Laws of 1994; 14 6932, by Senator Montgomery, an act 15 to amend the Social Services Law; 16 6977, by Senator Larkin, an act to 17 amend the Criminal Procedure Law; 18 6990B, by Senator Aubertine, an act 19 to create; 20 7282, by Senator LaValle, an act 21 designating; 22 7410B, by Senator Espada, an act to 23 amend the General Business Law; 24 7462A, by Senator Perkins, an act 25 to amend Chapter 174 of the Laws of 1968;

Candyco Transcription Service, Inc. 1 8255, by Senator C. Kruger, an act 2 to amend the Tax Law; 3 8349, by Senator Parker, an act to 4 amend the General Municipal Law; 5 8372, by Senator Klein, an act to 6 amend the Education Law; 7 8380, by Senator Savino, an act to 8 amend the Labor Law; 9 8390, by Senator Hassell-Thompson, 10 an act to amend the Domestic Relations Law; 11 And Senate Print 8357, by Senator 12 Smith, an act to amend the Transportation Law. 13 All bills ordered direct to third 14 reading. 15 ACTING PRESIDENT SAVINO: All 16 those in favor of adopting the Rules Committee 17 report please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT SAVINO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT SAVINO: The 23 Rules Committee report is adopted. 24 Senator Klein. 25 SENATOR KLEIN: Thank you, Madam

Candyco Transcription Service, Inc. 1 President. 2 At this time can we please go to a 3 reading of the supplemental calendar. 4 ACTING PRESIDENT SAVINO: The 5 Secretary will proceed with a reading of the 6 supplemental calendar. 7 THE SECRETARY: In relation to 8 Calendar Number 1294, Senator Duane moves to 9 discharge, from the Committee on Aging, 10 Assembly Bill Number 3956 and substitute it 11 for the identical Senate Bill Number 1385, 12 Third Reading Calendar 1294. 13 SENATOR PADAVAN: Lay it aside. 14 ACTING PRESIDENT SAVINO: 15 Substitution ordered. 16 The bill is laid aside. 17 THE SECRETARY: Calendar Number 18 1295, by Senator Diaz, Senate Print 2208B, an 19 act to amend the Elder Law. 20 ACTING PRESIDENT SAVINO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT SAVINO: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT SAVINO: 3 Senator DeFrancisco, to explain his vote. 4 SENATOR DeFRANCISCO: I'm voting 5 no. Not because I don't have the greatest 6 respect for senior citizens, since I am one, 7 but the fact that this is a task force, 8 another task force. We seem to have a run on 9 task force bills in the last couple of weeks. 10 We're in a budget situation that is 11 very dire, and there seems to be more need for 12 financial restraint, and that's why I'm voting 13 no. Thank you. 14 ACTING PRESIDENT SAVINO: Senator 15 DeFrancisco to be recorded in the negative. 16 Senator Saland, to explain his 17 vote. 18 SENATOR SALAND: Thank you, Madam 19 President. 20 Madam President, this bill is 21 strangely similar -- in fact, identical -- to 22 a bill which I had passed I believe in 2008. 23 And at that time the Governor vetoed it 24 because of the fiscal. 25 And however dire our situation was

Candyco Transcription Service, Inc. 1 then, it's even more dire now. I believe the 2 fiscal impact is somewhere in the area of 3 $400,000. It's not provided for in the 4 budget. 5 And it's with great reluctance that 6 I find myself constrained to vote against a 7 bill that I had previously introduced and 8 carried, basically on the simple fact and 9 premise that it's not provided for in the 10 fiscal plan, it's definitely going to be 11 vetoed. 12 And I would hope there would be a 13 time and a place in which we can accomplish 14 this, but this certainly is not going to be 15 the time or the place. 16 Thank you, Madam President. 17 ACTING PRESIDENT SAVINO: Senator 18 Saland to be recorded in the negative. 19 Are there any other Senators 20 wishing to explain their vote? 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1295 are 24 Senators DeFrancisco, Flanagan, O. Johnson, 25 Little, Ranzenhofer, Saland, Skelos, Winner

Candyco Transcription Service, Inc. 1 and Young. 2 Ayes, 52. Nays, 9. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1296, Senator Parker moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 1558C and substitute it 9 for the identical Senate Bill Number 2361C, 10 Third Reading Calendar 1296. 11 ACTING PRESIDENT SAVINO: 12 Substitution ordered. 13 THE SECRETARY: Calendar Number 14 1296, by Member of the Assembly Gianaris, 15 Assembly Print Number 1558C, an act to amend 16 the General Business Law. 17 ACTING PRESIDENT SAVINO: Read 18 the last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect on the 150th day. 21 ACTING PRESIDENT SAVINO: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT SAVINO: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1296 are 3 Senators DeFrancisco, Farley, Flanagan, 4 Fuschillo, Golden, O. Johnson, Maziarz, 5 Ranzenhofer, Saland, Skelos and Young. 6 Ayes, 50. Nays, 11. 7 ACTING PRESIDENT SAVINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1297, by Senator Morahan, Senate Print 2809, 11 an act to amend the Tax Law. 12 ACTING PRESIDENT SAVINO: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 60th day. 16 ACTING PRESIDENT SAVINO: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT SAVINO: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT SAVINO: The 23 bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1298, Senator Marcellino moves

Candyco Transcription Service, Inc. 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 6742A and substitute it 3 for the identical Senate Bill Number 3182A, 4 Third Reading Calendar 1298. 5 ACTING PRESIDENT SAVINO: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 1298, by Member of the Assembly Conte, 9 Assembly Print Number 6742A, an act to 10 authorize payment. 11 ACTING PRESIDENT SAVINO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SAVINO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT SAVINO: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT SAVINO: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1299, Senator Oppenheimer 25 moves to discharge, from the Committee on

Candyco Transcription Service, Inc. 1 Housing, Construction and Community 2 Development, Assembly Bill Number 2365A and 3 substitute it for the identical Senate Bill 4 Number 3317A, Third Reading Calendar 1299. 5 ACTING PRESIDENT SAVINO: 6 Substitution ordered. 7 THE SECRETARY: Calendar Number 8 1299, by Member of the Assembly O'Donnell, 9 Assembly Print Number 2365A -- 10 SENATOR HANNON: Lay it aside. 11 ACTING PRESIDENT SAVINO: The 12 bill is laid aside. 13 THE SECRETARY: In relation to 14 Calendar Number 1300, Senator Breslin moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 6420 and substitute it 17 for the identical Senate Bill Number 3430, 18 Third Reading Calendar 1300. 19 ACTING PRESIDENT SAVINO: 20 Substitution ordered. 21 THE SECRETARY: Calendar Number 22 1300, by Member of the Assembly Weisenberg, 23 Assembly Print Number 6420, an act to amend 24 Chapter 415 of the Laws of 1913. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT SAVINO: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 1301, Senator L. Krueger moves 14 to discharge, from the Committee on Rules, 15 Assembly Bill Number 5653A and substitute it 16 for the identical Senate Bill Number 4786A, 17 Third Reading Calendar 1301. 18 ACTING PRESIDENT SAVINO: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 1301, by Member of the Assembly Rosenthal, 22 Assembly Print Number 5653A, an act to amend 23 the Insurance Law. 24 ACTING PRESIDENT SAVINO: Read 25 the last section.

Candyco Transcription Service, Inc. 1 SENATOR HANNON: Lay it aside. 2 ACTING PRESIDENT SAVINO: The 3 bill is laid aside. 4 THE SECRETARY: In relation to 5 Calendar Number 1302, Senator Savino moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 619 and substitute it for 8 the identical Senate Bill Number 5108, Third 9 Reading Calendar 1302. 10 ACTING PRESIDENT SAVINO: 11 Substitution ordered. 12 THE SECRETARY: Calendar Number 13 1302, by Member of the Assembly Kavanagh, 14 Assembly Print Number 619, an act to amend the 15 Workers' Compensation Law. 16 ACTING PRESIDENT SAVINO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 30th day. 20 ACTING PRESIDENT SAVINO: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT SAVINO: 24 Announce the results. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1302: Ayes, 59. Nays, 2. 2 Senators DeFrancisco and Ranzenhofer recorded 3 in the negative. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1303, by Senator Squadron, Senate Print 5388A, 8 an act to amend the Public Authorities Law. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1303 are 20 Senators DeFrancisco, Farley, O. Johnson, 21 Little, Marcellino, Ranzenhofer, Skelos, 22 Volker, Winner and Young. 23 Ayes, 51. Nays, 10. 24 ACTING PRESIDENT SAVINO: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1304, by Senator Valesky, Senate Print 5439B, 3 an act to amend the Racing, Pari-Mutuel 4 Wagering and Breeding Law. 5 ACTING PRESIDENT SAVINO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SAVINO: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT SAVINO: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT SAVINO: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1306, Senator Oppenheimer 19 moves to discharge, from the Committee on 20 Agriculture, Assembly Bill Number 600B and 21 substitute it for the identical Senate Bill 22 Number 5794A, Third Reading Calendar 1306. 23 ACTING PRESIDENT SAVINO: 24 Substitution ordered. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1306, by Member of the Assembly Cahill, 2 Assembly Print Number 600B, an act to amend 3 the Agriculture and Markets Law. 4 ACTING PRESIDENT SAVINO: Read 5 the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect on the 60th day. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT SAVINO: 12 Announce the results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT SAVINO: The 15 bill is passed. 16 THE SECRETARY: Excuse me. In 17 relation to Calendar Number 1306: Ayes, 60. 18 Nays, 1. Senator Aubertine recorded in the 19 negative. 20 ACTING PRESIDENT SAVINO: The 21 bill is still passed. 22 THE SECRETARY: Calendar Number 23 1307, by Senator C. Johnson, Senate Print 24 6418A, an act to amend the Penal Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect September 1, 2010. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: Senator 8 Johnson, to explain his vote. 9 SENATOR CRAIG JOHNSON: Thank you 10 very much, Madam President. 11 We have a crisis throughout the 12 state, but in particular -- and I know my 13 colleagues from Long Island know all too 14 well -- we have a real crisis of children 15 dying as a result of overdoses of drugs, in 16 particular heroin. 17 The bill that you have before you 18 today, a bipartisan bill cosponsored by my 19 friends Chuck Fuschillo and Jeffrey Klein, 20 Brian Foley, Eric Adams, Darryl Aubertine, Tom 21 Morahan, George Onorato and Mike Ranzenhofer, 22 will start the process of punishing those who 23 kill our children with drugs. 24 I notice that there is some 25 opposition. I would urge my colleagues who

Candyco Transcription Service, Inc. 1 oppose this bill to reverse that decision and 2 support us. It is time to treat those who 3 kill our children with drugs as the murderers 4 that they are. We have to stop the madness. 5 We have to stop the murder of our children 6 when it comes to heroin and other drugs. 7 I vote yes, Madam President. Thank 8 you. 9 ACTING PRESIDENT SAVINO: Senator 10 C. Johnson to be recorded in the affirmative. 11 Are there any other Senators who 12 wishing to explain their vote? 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1307 are 16 Senators Duane, Hassell-Thompson and 17 Montgomery. 18 Ayes, 58. Nays, 3. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1308, Senator Skelos moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 9750 and substitute it 25 for the identical Senate Bill Number 6432,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1308. 2 ACTING PRESIDENT SAVINO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1308, by Member of the Assembly Weisenberg, 6 Assembly Print Number 9750, an act to amend 7 Chapter 846 of the Laws of 1970. 8 ACTING PRESIDENT SAVINO: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: 17 Announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1309, by Senator Stachowski, Senate Print 23 6726, an act to amend the Limited Liability 24 Company Law. 25 ACTING PRESIDENT SAVINO: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 7. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: Senator 8 Bonacic, to explain his vote. 9 SENATOR BONACIC: I'll be brief. 10 I should have asked Senator Stachowski the 11 question. 12 I think there's confusion in this 13 legislation in the definition of what is small 14 profit as opposed to a profit company and a 15 not-for-profit company. And there is no 16 definition that I can see in the legislation 17 that will defines "low profit." And that's 18 going to create confusion and problems with 19 the different kinds of companies. 20 For that reason, I'm going to vote 21 no and hope that the sponsor eventually clears 22 this up. 23 ACTING PRESIDENT SAVINO: Senator 24 Bonacic to be recorded in the negative. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to explain their vote? 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1309 are 5 Senators Bonacic, DeFrancisco, Flanagan, 6 Golden, Leibell, Little, Nozzolio, Saland, 7 Skelos, Winner and Young. 8 Ayes, 50. Nays, 11. 9 ACTING PRESIDENT SAVINO: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1310, Senator O. Johnson moves 13 to discharge, from the Committee on Health, 14 Assembly Bill Number 9999A and substitute it 15 for the identical Senate Bill Number 6832A, 16 Third Reading Calendar 1310. 17 ACTING PRESIDENT SAVINO: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 1310, by Member of the Assembly Sweeney, 21 Assembly Print Number 9999A, an act to amend 22 Chapter 572 of the Laws of 1994. 23 ACTING PRESIDENT SAVINO: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT SAVINO: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT SAVINO: 6 Announce the results. 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT SAVINO: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 1311, Senator Montgomery moves 12 to discharge, from the Committee on Health, 13 Assembly Bill Number 5681A and substitute it 14 for the identical Senate Bill Number 6932, 15 Third Reading Calendar 1311. 16 ACTING PRESIDENT SAVINO: 17 Substitution ordered. 18 SENATOR PADAVAN: Lay it aside. 19 ACTING PRESIDENT SAVINO: The 20 bill is laid aside. 21 THE SECRETARY: In relation to 22 Calendar Number 1312, Senator Larkin moves to 23 discharge, from the Committee on Codes, 24 Assembly Bill Number 10005 and substitute it 25 for the identical Senate Bill Number 6977,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1312. 2 ACTING PRESIDENT SAVINO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1312, by Member of the Assembly Calhoun, 6 Assembly Print Number 10005, an act to amend 7 the Criminal Procedure Law. 8 ACTING PRESIDENT SAVINO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT SAVINO: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1313, Senator Aubertine moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 10027B and substitute it 25 for the identical Senate Bill Number 6990B,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1313. 2 ACTING PRESIDENT SAVINO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1313, by Member of the Assembly Brodsky, 6 Assembly Print Number 10027B, an act to create 7 a temporary New York State War of 1812 200th 8 Anniversary Commemoration Commission. 9 ACTING PRESIDENT SAVINO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SAVINO: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT SAVINO: Senator 17 Maziarz, to explain his vote. 18 SENATOR MAZIARZ: Madam 19 President, to very briefly explain my vote. 20 I think this is a very good bill. 21 We did pass this bill one other time, and the 22 Governor vetoed it. I hope he doesn't do that 23 again, because this is a very important moment 24 in New York State history and the history of 25 our great country.

Candyco Transcription Service, Inc. 1 And one of the most important 2 battles took place at Fort Niagara in Niagara 3 County, and we need this bill. 4 Thank you. I vote in the 5 affirmative. 6 ACTING PRESIDENT SAVINO: Senator 7 Marcellino to be recorded in the affirmative. 8 Senator Farley, to explain his 9 vote. 10 SENATOR FARLEY: Yes, in support 11 of this bill, I think Senator Aubertine knows 12 it's Sackets Harbor, a very famous War of 1812 13 battle where many, many Americans lost their 14 lives, and a very significant battle -- it's 15 almost as significant, if not more so, than 16 that battle in Niagara -- 17 SENATOR MARCELLINO: Not more so. 18 SENATOR FARLEY: But I vote aye. 19 ACTING PRESIDENT SAVINO: Senator 20 Farley to be recorded in the affirmative. 21 Senator Volker, to explain his 22 vote. 23 SENATOR VOLKER: Yeah, very 24 quickly, Madam President. This is a very good 25 bill.

Candyco Transcription Service, Inc. 1 They burned Buffalo in 1811 and 2 then 1812 during the War of 1812. And there 3 was a lot of history really all through the 4 area around the Great Lakes. But of course, 5 as Senator Aubertine is going to show in this 6 commission, there was a lot of activity in the 7 North Country also. 8 But it is a very good bill, and we 9 are in Western New York planning on a lot of 10 celebration at the time. The biggest thing is 11 we're going to try to make sure Buffalo 12 doesn't burn again. 13 I vote aye. 14 ACTING PRESIDENT SAVINO: Senator 15 Volker to be recorded in the affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 61. Nays, 18 0. 19 ACTING PRESIDENT SAVINO: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1314, Senator LaValle moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 10466 and substitute it 25 for the identical Senate Bill Number 7282,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1314. 2 ACTING PRESIDENT SAVINO: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1314, by Member of the Assembly Thiele, 6 Assembly Print Number 10466, an act 7 designating state-owned lands. 8 ACTING PRESIDENT SAVINO: Senator 9 LaValle, to explain his vote. 10 SENATOR LaVALLE: Thank you, 11 Madam President. 12 This legislation would set aside a 13 small piece in the hamlet of Westhampton in 14 the town of Southampton in the name of Edwin 15 'Buzz' Schwenk. 16 Buzz Schwenk was born and lived in 17 the town of Southampton until his death about 18 a year ago. He was a businessman, he headed 19 the Business Alliance and then headed the Long 20 Island Housing Partnership. He was very much 21 involved in development. 22 And then one day there was an 23 epiphany where Buzz Schwenk came and said, 24 "You know, I was born, I've lived in 25 Southampton, and we've got to preserve the

Candyco Transcription Service, Inc. 1 Pine Barrens in Southampton." 2 He joined with Assemblyman Tom 3 DiNapoli at the time to be part of a working 4 group that developed the Pine Barrens 5 Preservation Act preserving 100,000 acres. 6 And to his death, he wanted to make sure that 7 the Town of Southampton had open space that 8 was preserved. So he went from a 9 nonenvironmentalist to an environmentalist and 10 a preservationist of the land. 11 I vote in the affirmative, Madam 12 President. 13 ACTING PRESIDENT SAVINO: Senator 14 LaValle will be recorded in the affirmative. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT SAVINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1315, by Senator Espada, Senate Print 7410B, 2 an act to amend the General Business Law. 3 ACTING PRESIDENT SAVINO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SAVINO: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT SAVINO: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT SAVINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1316, by Senator Perkins, Senate Print 7462A, 17 an act to amend Chapter 174 of the Laws of 18 1968. 19 ACTING PRESIDENT SAVINO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT SAVINO: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT SAVINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1317, by Senator C. Kruger, Senate Print 8255, 8 an act to amend the Tax Law and the 9 Administrative Code of the City of New York. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1318, by Senator Parker, Senate Print -- 24 SENATOR KLEIN: Lay the bill 25 aside for the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1319, by Senator Klein, Senate Print 8372, an 5 act to amend the Education Law. 6 ACTING PRESIDENT SAVINO: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SAVINO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT SAVINO: 14 Announce the results. 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT SAVINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1320, by Senator Savino, Senate Print 8380, an 21 act to amend the Labor Law. 22 ACTING PRESIDENT SAVINO: The 23 bill is high and will be laid aside for the 24 day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1321, by Senator Hassell-Thompson, Senate 2 Print 8390, an act to amend the Domestic 3 Relations Law. 4 ACTING PRESIDENT SAVINO: The 5 bill is high. It will be laid aside for the 6 day. 7 THE SECRETARY: Calendar Number 8 1322, by Senator Smith, Senate Print 8357, an 9 act to amend the Transportation Law. 10 ACTING PRESIDENT SAVINO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SAVINO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT SAVINO: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT SAVINO: The 21 bill is passed. 22 Senator Klein, that completes the 23 reading of the noncontroversial supplemental 24 calendar. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 at this time can we please go to a reading of 2 the controversial supplemental calendar. 3 ACTING PRESIDENT SAVINO: The 4 Secretary will ring the bells and announce the 5 reading of the controversial supplemental 6 calendar. 7 SENATOR SEWARD: Madam President. 8 ACTING PRESIDENT SAVINO: Senator 9 Seward. 10 SENATOR SEWARD: Madam President, 11 I was unavoidably out of the chamber when 1296 12 passed a few moments ago, and I would ask 13 unanimous consent to be recorded in the 14 negative on Calendar Number 1296. 15 ACTING PRESIDENT SAVINO: Senator 16 Seward, with unanimous consent, you will be 17 recorded in the negative on Calendar Number 18 1296. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1294, substituted earlier today by Member of 22 the Assembly Kellner, Assembly Print Number 23 3956, an act to amend the Elder Law. 24 ACTING PRESIDENT SAVINO: Are 25 there any Senators wishing to be heard?

Candyco Transcription Service, Inc. 1 Seeing none, the debate is closed. 2 The Secretary will ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT SAVINO: Call 7 the roll. 8 (The Secretary called the roll.) 9 SENATOR KLEIN: Madam President, 10 can we lay the bill aside temporarily. 11 ACTING PRESIDENT SAVINO: The 12 roll call is withdrawn, and the bill is laid 13 aside temporarily. 14 Senator Breslin. 15 SENATOR BRESLIN: Madam 16 President, I request unanimous consent to be 17 recorded in the negative on Calendar Number 18 1315. 19 ACTING PRESIDENT SAVINO: Senator 20 Breslin, by unanimous consent you will be 21 recorded in the negative on Calendar 1315. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1299, substituted earlier today by Member of 25 the Assembly O'Donnell, Assembly Print Number

Candyco Transcription Service, Inc. 1 2365A, an act to amend the Administrative Code 2 of the City of New York. 3 ACTING PRESIDENT SAVINO: Senator 4 Hannon. 5 SENATOR HANNON: Would the 6 sponsor yield to a question, Madam President. 7 ACTING PRESIDENT SAVINO: Senator 8 Oppenheimer, would you yield to a question? 9 SENATOR OPPENHEIMER: Yes. 10 ACTING PRESIDENT SAVINO: Senator 11 Oppenheimer yields. 12 SENATOR HANNON: Senator 13 Oppenheimer, I notice that you give a right to 14 a victim of domestic violence, and you define 15 how one would be victim of domestic violence 16 by referencing the Social Services Law. And 17 you say that a person may retain certain 18 residency status by "asserting an intent to 19 return to the housing accommodation." 20 Could you tell me what time 21 period -- and you make that exact same 22 statement three or four places in your bill 23 affecting different provisions of the rent 24 control and rent stabilization laws. 25 Would you be able to tell me when a

Candyco Transcription Service, Inc. 1 person has to assert an intent? And I'm using 2 the words "assert" and "intent" right from 3 your proposal. 4 SENATOR OPPENHEIMER: I can tell 5 you the intent of the law. It is for those 6 domestic violence victims that have to flee 7 the residence, their primary residence, 8 because they are being threatened. And so 9 with this bill they would be permitted to 10 leave their primary residence, with the 11 intention of coming back to that primary 12 residence when the situation is resolved. 13 As it is domestic violence, you 14 can't say it will be resolved in two months or 15 four months. But the intent is that the rent 16 will still be paid and they will be coming 17 back to that residence. 18 SENATOR HANNON: Would the 19 Senator yield for another question. 20 ACTING PRESIDENT SAVINO: Senator 21 Oppenheimer, will you continue to yield? 22 SENATOR OPPENHEIMER: Of course. 23 ACTING PRESIDENT SAVINO: Senator 24 Oppenheimer yields. 25 SENATOR HANNON: So would it be

Candyco Transcription Service, Inc. 1 an assumption on my part that you intend to 2 put into this bill that only so long as the 3 particular factual circumstances attendant to 4 that domestic violence are continuing, then 5 when that is ceasing, then one may assert the 6 intent at that point? 7 SENATOR OPPENHEIMER: Through 8 you, Madam President, I would think that 9 that -- there's no need to spell that out. 10 Anyone who's experienced domestic violence 11 knows you can't determine how long it's going 12 to take. 13 But the tenant will continue to pay 14 rent and plans to come back. So, I mean, 15 that's the best I can tell you. And I don't 16 think we can put any specificity into it, 17 because of the nature of the violation. 18 SENATOR HANNON: Would the 19 Senator continue to yield. 20 ACTING PRESIDENT SAVINO: Senator 21 Oppenheimer, will you continue to yield? 22 SENATOR OPPENHEIMER: Yes, I 23 would. 24 SENATOR HANNON: Let me give you 25 a hypothetical that's kind of the other side

Candyco Transcription Service, Inc. 1 of what I've just asked. Suppose somebody is 2 a victim of domestic violence -- and by the 3 way, I appreciate the intent of the bill. I 4 think it's laudatory. 5 But suppose somebody is a victim of 6 domestic violence. They, for reasons not 7 necessarily related to that unfortunate 8 circumstance, happen to either sublet, legally 9 or illegally, happen to just not be there, and 10 two or three years later decide that they want 11 to go back to that residence. Can they then 12 make some type of intent to return? 13 SENATOR OPPENHEIMER: Through 14 you, Madam President, it's written here in the 15 law that the victim asserts the intent to 16 return to the housing accommodation and the 17 victim, this domestic violence victim, will be 18 deemed to be occupying the unit as her primary 19 residence during that period of time. I think 20 the opportunity to sublet if she is occupying 21 the residence would not be possible. 22 SENATOR HANNON: Madam President, 23 would the Senator continue to yield. 24 ACTING PRESIDENT SAVINO: Senator 25 Oppenheimer, will you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR OPPENHEIMER: Yes, I do. 2 SENATOR HANNON: So may I infer 3 that -- see, I'm looking at the timeliness of 4 the assertion, not the condition and all those 5 things. So may I infer that there must be a 6 reasonable timeliness of the conveyance that 7 they want to return? 8 SENATOR OPPENHEIMER: You know, I 9 wish I could be more specific for you, but 10 domestic violence is not specific. And it 11 says the victim is deemed to be living in that 12 residence during that time that she is not 13 living in the residence but she is paying 14 rent. 15 And that's the best I can tell you, 16 and I think that's the best that can be said 17 under these circumstances. 18 SENATOR HANNON: Would the 19 Senator continue to yield. 20 ACTING PRESIDENT SAVINO: Senator 21 Oppenheimer, do you continue to yield? 22 SENATOR OPPENHEIMER: Yes, I 23 will. 24 SENATOR HANNON: So you're saying 25 that so long as somebody is a victim of

Candyco Transcription Service, Inc. 1 domestic violence, that at any time 2 thereafter, whether or not that domestic 3 violence has ceased, they can assert an intent 4 to return? Is that what you're saying? 5 SENATOR OPPENHEIMER: The victim 6 who has left the unit because of this violence 7 and who asserts an intent to return to the 8 housing accommodation, as I said earlier, is 9 deemed as though they were occupying, she was 10 occupying -- I shouldn't say "she," it could 11 be a man, too -- occupying the unit as his 12 primary residence. So I think it's pretty 13 much spelled out. 14 SENATOR HANNON: Madam President, 15 would the Senator continue to yield. 16 ACTING PRESIDENT SAVINO: Senator 17 Oppenheimer? 18 SENATOR OPPENHEIMER: Yes, I do. 19 ACTING PRESIDENT SAVINO: The 20 sponsor continues to yield. 21 SENATOR HANNON: Very simply, 22 Senator Oppenheimer, when do you have to 23 assert that intent? 24 SENATOR OPPENHEIMER: That is not 25 written in the law as to when the victim

Candyco Transcription Service, Inc. 1 decides that the domestic violence has reached 2 a point that she is threatened. That is not 3 written into the law, and I don't see how it 4 can be. 5 SENATOR HANNON: On the bill, 6 Madam President. 7 ACTING PRESIDENT SAVINO: Senator 8 Hannon, on the bill. 9 SENATOR HANNON: Given the 10 intent, I think there needs to be some type of 11 reasonableness built into the statute. Absent 12 the fact that there is any type of provision 13 for reasonable notification -- it does not 14 have to be specific, it doesn't have to be a 15 given time period -- I'm unable to support 16 this. 17 I think it's poorly written, and I 18 don't think it would be up held in the courts. 19 Thank you. 20 ACTING PRESIDENT SAVINO: Senator 21 Hannon to be recorded in the negative. 22 Are there any other Senators 23 wishing to be heard on the bill? 24 Seeing none, debate is closed. The 25 Secretary will ring the bells.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT SAVINO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT SAVINO: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. Nays, 10 0. 11 ACTING PRESIDENT SAVINO: The 12 bill is passed. 13 THE SECRETARY: Excuse me. In 14 relation to Calendar Number 1299: Ayes, 59. 15 Nays, 2. Senators Golden and Hannon recorded 16 in the negative. 17 ACTING PRESIDENT SAVINO: The 18 bill is still passed. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1301, substituted earlier today by Member of 22 the Assembly Rosenthal, Assembly Print Number 23 5653A, an act to amend the Insurance Law. 24 ACTING PRESIDENT SAVINO: Are 25 there any Senators wishing to be heard?

Candyco Transcription Service, Inc. 1 Seeing none, debate is closed -- 2 oh, I'm sorry, Senator Hannon. 3 SENATOR HANNON: On the bill, 4 Madam President. 5 ACTING PRESIDENT SAVINO: On the 6 bill. 7 SENATOR HANNON: This bill, which 8 has a commonsense logic that you shouldn't pay 9 more than your copay, unfortunately is 10 unworkable because there's no place to define 11 the usual and customary cost of such a 12 prescribed drug. It says that if the 13 copayment exceeds the usual and customary cost 14 of a prescribed drug, they can't charge you 15 that, that usual and customary cost. It's not 16 defined. 17 There are other mechanisms in this 18 proposal that talk about the posted retail 19 price and when the copayment exceeds the 20 pharmacy's usual and customary price. We have 21 three separate standards in a bill that 22 exceeds about 31 lines. 23 If you really want to protect the 24 individual customer of the pharmacy I think 25 you need a far better set of definitions, you

Candyco Transcription Service, Inc. 1 need definitions that use state law, you need 2 things like average wholesale price. These 3 are customary standards. These are defined 4 standards. 5 But the ones that are in this bill 6 are not defined. I would think that it's just 7 unworkable and needs to be redone. 8 Thank you, Madam President. 9 ACTING PRESIDENT SAVINO: Senator 10 Hannon to be recorded in the negative. 11 Are there any other Senators who 12 wishing to speak on the bill? 13 Seeing none, debate is closed. The 14 Secretary will ring the bells. 15 Read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT SAVINO: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT SAVINO: 22 Announce the results. 23 THE SECRETARY: In relation to 24 Calendar Number 1301, those recorded in the 25 negative are Senators Golden, Hannon and

Candyco Transcription Service, Inc. 1 O. Johnson. 2 Ayes, 58. Nays, 3. 3 ACTING PRESIDENT SAVINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1311, substituted earlier today by -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT SAVINO: The 10 bill is laid aside for the day. 11 Senator Klein, that completes the 12 reading of the controversial supplemental 13 calendar. 14 SENATOR KLEIN: Madam President, 15 can we go back to Calendar Number 1294, Print 16 Number 1385, Senator Duane's bill. Can we 17 remove the lay-aside. 18 ACTING PRESIDENT SAVINO: The 19 lay-aside is removed from Calendar 1294. 20 The Secretary will read Calendar 21 Number 1294 on the controversial calendar. 22 THE SECRETARY: Calendar Number 23 1294, substituted earlier today by Member of 24 the Assembly Kellner, Assembly Print Number 25 3956, an act to amend the Elder Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Are 2 there any other Senators wishing to be heard? 3 Seeing none, debate is closed. The 4 Secretary will ring the bells. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SAVINO: Call 9 the roll. 10 (The Secretary called the roll.) 11 SENATOR KLEIN: Lay the bill 12 aside temporarily again, Madam President. 13 ACTING PRESIDENT SAVINO: The 14 bill is laid aside temporarily. 15 Senator Klein, that completes the 16 reading of the supplemental calendar. 17 SENATOR KLEIN: Madam President, 18 can we briefly return to motions and 19 resolutions. 20 ACTING PRESIDENT SAVINO: 21 Returning to motions and resolutions. 22 Senator Klein. 23 SENATOR KLEIN: On behalf of 24 Senator Aubertine, I wish to call up Print 25 Number 7936, recalled from the Assembly, which

Candyco Transcription Service, Inc. 1 is now at the desk. 2 ACTING PRESIDENT SAVINO: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1056, by Senator Aubertine, Senate Print 7936, 6 an act to amend Chapter 106 of the Laws of 7 2003. 8 ACTING PRESIDENT SAVINO: Senator 9 Klein. 10 SENATOR KLEIN: Madam President, 11 I now move to reconsider the vote by which 12 this bill was passed. 13 ACTING PRESIDENT SAVINO: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT SAVINO: Senator 19 Klein. 20 SENATOR KLEIN: Madam President, 21 I now offer the following amendments. 22 ACTING PRESIDENT SAVINO: The 23 amendments are received. 24 SENATOR KLEIN: Madam President, 25 on behalf of Senator Thompson, I wish to call

Candyco Transcription Service, Inc. 1 up Print Number 7488A, recalled from the 2 Assembly, which is now at the desk. 3 ACTING PRESIDENT SAVINO: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1234, by Senator Thompson, Senate Print 7488A, 7 an act to amend the Public Authorities Law. 8 ACTING PRESIDENT SAVINO: Senator 9 Klein. 10 SENATOR KLEIN: Madam President, 11 I now move to reconsider the vote by which 12 this bill was passed. 13 ACTING PRESIDENT SAVINO: The 14 Secretary will call the roll on 15 reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT SAVINO: Senator 19 Klein. 20 SENATOR KLEIN: Madam President, 21 I now offer the following amendments. 22 ACTING PRESIDENT SAVINO: The 23 amendments are received. 24 SENATOR KLEIN: Madam President, 25 at this time can we call up Calendar Number

Candyco Transcription Service, Inc. 1 1201, Senate Print Number 7263C on the 2 controversial calendar. 3 ACTING PRESIDENT SAVINO: Senator 4 Klein, do you mean Calendar Number 1021? 5 SENATOR KLEIN: I'm sorry, 1021, 6 Senate Print Number 7263C. 7 ACTING PRESIDENT SAVINO: The 8 Secretary will read Calendar Number 1021 on 9 the controversial calendar. 10 THE SECRETARY: Calendar Number 11 1021, by Senator Foley, Senate Print 7263C, an 12 act to amend the Public Service Law. 13 SENATOR FUSCHILLO: Explanation. 14 ACTING PRESIDENT SAVINO: Senator 15 Foley, an explanation has been requested. 16 SENATOR LIBOUS: Who asked for 17 the explanation? 18 ACTING PRESIDENT SAVINO: Senator 19 Fuschillo. 20 SENATOR FOLEY: Thank you, Madam 21 President. 22 This legislation will strengthen 23 consumer protection in the event of a merger 24 between two telephone companies. 25 Specifically, the bill requires the PSC to

Candyco Transcription Service, Inc. 1 address a set of public interest standards 2 during its review of a sale or merger. 3 Further, this legislation only 4 affects mergers when one of the two parties' 5 gross annual New York revenues exceeds 6 $200 million. And further, this legislation 7 would only cover residential mergers. 8 There are 11 specific public 9 interest standards that the acquiring 10 corporation must meet and that the PSC must 11 find. And I'll be happy to go into those 12 standard later in the debate. 13 Let me just give a little 14 geographic history to this, if I may, Madam 15 President. In the spring of 2008, FairPoint 16 Communications purchased telephone networks in 17 Vermont, New Hampshire, and Maine. They were 18 saddled with a $1 billion debt in the 19 transaction and were wholly unprepared to 20 operate the 1.7 additional landlines. In 21 fact, it was widely acknowledged that since 22 this conversion occurred with FairPoint, 23 FairPoint had plagued their customers with 24 many complaints and quality concerns. 25 What this bill is about, Madam

Candyco Transcription Service, Inc. 1 President, is essentially two things. One, it 2 is designed to balance the interests of 3 ratepayers and the investors, and to do it in 4 a fair way. And finally, this bill -- and 5 most importantly, why I've sponsored this bill 6 and have over 21 cosponsors -- this bill will 7 strengthen the PSC's already existing 8 authority by creating standards to protect 9 consumers, to protect workers, and to protect 10 the local economy before it approves a sale or 11 merger. 12 Most importantly, Madam Chair, and 13 most succinctly, it will ensure that New York 14 is not victimized by a bad sale. 15 Thank you, Madam President. 16 ACTING PRESIDENT SAVINO: Are 17 there any Senators wishing to be heard? 18 Seeing none, the debate is closed. 19 The Secretary will ring the bells. 20 Senator C. Johnson. 21 SENATOR CRAIG JOHNSON: Yes, 22 Madam President, I request a slow roll call 23 for this vote, please. 24 ACTING PRESIDENT SAVINO: Seeing 25 as five Senators have stood up, a slow roll

Candyco Transcription Service, Inc. 1 call is in order. 2 The Secretary will read the last 3 section and then call the roll slowly. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the 120th day. 6 Senator Adams. 7 SENATOR ADAMS: Yes. 8 THE SECRETARY: Senator Addabbo. 9 SENATOR ADDABBO: Yes. 10 THE SECRETARY: Senator Alesi. 11 SENATOR ALESI: No. 12 THE SECRETARY: Senator 13 Aubertine. 14 SENATOR AUBERTINE: Aye. 15 THE SECRETARY: Senator Bonacic. 16 SENATOR BONACIC: No. 17 THE SECRETARY: Senator Breslin. 18 SENATOR BRESLIN: Yes. 19 THE SECRETARY: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: No. 22 THE SECRETARY: Senator Diaz. 23 SENATOR DIAZ: Si. 24 THE SECRETARY: Senator Dilan. 25 SENATOR DILAN: Yes.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Duane. 2 SENATOR DUANE: Yes. 3 THE SECRETARY: Senator Espada. 4 SENATOR ESPADA: No. 5 THE SECRETARY: Senator Farley. 6 SENATOR FARLEY: No. 7 THE SECRETARY: Senator Flanagan. 8 SENATOR FLANAGAN: No. 9 THE SECRETARY: Senator Foley. 10 SENATOR FOLEY: To explain my 11 vote, Madam President. 12 ACTING PRESIDENT SAVINO: Senator 13 Foley, to explain his vote. 14 SENATOR FOLEY: Thank you. 15 I outlined earlier the summary of 16 the bill, but I also think it's instructive, 17 Madam President, that this bill is virtually 18 identical with -- in fact, in two ways a 19 little bit more restrictive but virtually 20 identical to two bills that were sponsored two 21 years ago. 22 And at that time the lead sponsor 23 of the bill was Senator Nozzolio, and Senators 24 Fuschillo, Hannon, Larkin, LaValle and Morahan 25 were the cosponsors of that particular bill,

Candyco Transcription Service, Inc. 1 which is virtually identical to this bill. 2 And prior to that, in 2007 we had 3 not only Senator Spano but Senator Bonacic, 4 Senator DeFrancisco, Senator Larkin, Senator 5 Leibell, Senator Morahan, Senator Padavan and 6 in fact, my predecessor Senator Trunzo, all 7 had sported a bill that is virtually identical 8 to the bill that we're voting on here this 9 afternoon. 10 I vote aye. 11 ACTING PRESIDENT SAVINO: Senator 12 Foley to be recorded in the affirmative. 13 The Secretary will continue to call 14 the roll slowly. 15 THE SECRETARY: Senator 16 Fuschillo. 17 SENATOR FUSCHILLO: No. 18 THE SECRETARY: Senator Golden. 19 SENATOR GOLDEN: No. 20 THE SECRETARY: Senator Griffo. 21 SENATOR GRIFFO: No. 22 THE SECRETARY: Senator Hannon. 23 SENATOR HANNON: No. 24 THE SECRETARY: Senator 25 Hassell-Thompson.

Candyco Transcription Service, Inc. 1 SENATOR HASSELL-THOMPSON: Yes. 2 THE SECRETARY: Senator Huntley. 3 SENATOR HUNTLEY: Yes. 4 THE SECRETARY: Senator C. 5 Johnson. 6 SENATOR CRAIG JOHNSON: Yes. 7 THE SECRETARY: Senator O. 8 Johnson. 9 SENATOR OWEN JOHNSON: No. 10 THE SECRETARY: Senator Klein. 11 SENATOR KLEIN: Yes. 12 THE SECRETARY: Senator 13 L. Krueger. 14 SENATOR LIZ KRUEGER: Yes. 15 THE SECRETARY: Senator C. 16 Kruger. 17 SENATOR CARL KRUGER: Yes. 18 THE SECRETARY: Senator Lanza. 19 SENATOR LANZA: No. 20 THE SECRETARY: Senator Larkin. 21 SENATOR LARKIN: No. 22 THE SECRETARY: Senator LaValle. 23 SENATOR LaVALLE: No. 24 THE SECRETARY: Senator Leibell. 25 SENATOR LEIBELL: No.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Libous. 2 SENATOR LIBOUS: No. 3 THE SECRETARY: Senator Little. 4 SENATOR LITTLE: No. 5 THE SECRETARY: Senator 6 Marcellino. 7 SENATOR MARCELLINO: No. 8 THE SECRETARY: Senator Maziarz. 9 SENATOR MAZIARZ: No. 10 THE SECRETARY: Senator McDonald. 11 SENATOR McDONALD: No. 12 THE SECRETARY: Senator 13 Montgomery. 14 SENATOR MONTGOMERY: Yes. 15 THE SECRETARY: Senator Morahan, 16 excused. 17 Senator Nozzolio. 18 SENATOR NOZZOLIO: No. 19 THE SECRETARY: Senator Onorato. 20 SENATOR ONORATO: Yes. 21 THE SECRETARY: Senator 22 Oppenheimer. 23 SENATOR OPPENHEIMER: Yes. 24 THE SECRETARY: Senator Padavan. 25 SENATOR PADAVAN: No.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Parker. 2 SENATOR PARKER: Yes. 3 THE SECRETARY: Senator Peralta. 4 SENATOR PERALTA: Yes. 5 THE SECRETARY: Senator Perkins. 6 SENATOR PERKINS: Yes. 7 THE SECRETARY: Senator 8 Ranzenhofer. 9 SENATOR RANZENHOFER: No. 10 THE SECRETARY: Senator Robach. 11 SENATOR ROBACH: No. 12 THE SECRETARY: Senator Saland. 13 SENATOR SALAND: No. 14 THE SECRETARY: Senator Sampson. 15 (Senator Sampson recorded in the 16 affirmative.) 17 THE SECRETARY: Senator Savino. 18 SENATOR SAVINO: Yes. 19 THE SECRETARY: Senator 20 Schneiderman. 21 SENATOR SCHNEIDERMAN: Yes. 22 THE SECRETARY: Senator Serrano. 23 SENATOR SERRANO: Yes. 24 THE SECRETARY: Senator Seward. 25 SENATOR SEWARD: No.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Skelos. 2 SENATOR SKELOS: No. 3 THE SECRETARY: Senator Smith. 4 SENATOR SMITH: Yes. 5 THE SECRETARY: Senator Squadron. 6 SENATOR SQUADRON: Yes. 7 THE SECRETARY: Senator 8 Stachowski. 9 SENATOR STACHOWSKI: Yes. 10 SENATOR KLEIN: Lay the bill 11 aside for the day, please, Madam President. 12 ACTING PRESIDENT SAVINO: The 13 roll call is withdrawn, and the bill is laid 14 aside for the day. 15 Senator Klein, that completes the 16 reading of the controversial calendar. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 can we please stand at ease and come back to 20 the chambers in about an hour. So that would 21 be ten to 6:00. 22 ACTING PRESIDENT SAVINO: Senator 23 Libous. 24 SENATOR LIBOUS: Thank you. 25 There will be an immediate

Candyco Transcription Service, Inc. 1 Republican conference. 2 ACTING PRESIDENT SAVINO: There 3 will be an immediate meeting of the Republican 4 Conference in the Republican Conference Room. 5 The Senate will stand at ease until 6 ten minutes to 6:00 o'clock. 7 (Whereupon, the Senate stood at 8 ease at 4:50 p.m.) 9 (Whereupon, the Senate reconvened 10 at 6:22 p.m.) 11 ACTING PRESIDENT ADAMS: Senator 12 Klein. 13 SENATOR KLEIN: Mr. President, 14 there will be an immediate meeting of the 15 Rules Committee in the Majority Conference 16 Room. 17 Pending the return of the Rules 18 Committee, may we please stand at ease. 19 ACTING PRESIDENT ADAMS: There's 20 an immediate meeting of the Rules Committee in 21 the Majority Conference Room. 22 Until then, the Senate stands at 23 ease, Senator Libous. 24 (Whereupon, the Senate stood at 25 ease at 6:23 p.m.)

Candyco Transcription Service, Inc. 1 (Whereupon, the Senate reconvened 2 at 7:01 p.m.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there's a Rules report at the desk. I 7 move that we adopt the report at this time. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 There is a Rules report at the desk. 10 The Secretary will read. 11 THE SECRETARY: Senator Smith, 12 from the Committee on Rules, reports the 13 following bills: 14 Senate Print 3180C, by Senator 15 Duane, an act to amend the Public Health Law; 16 4117B, by Senator Oppenheimer, an 17 act to amend the Education Law; 18 4181, by Senator Flanagan, an act 19 to amend the Highway Law; 20 4431B, by Senator Lanza, an act to 21 amend the Executive Law; 22 5512A, by Senator Oppenheimer, an 23 act to amend the Education Law; 24 5514, by Senator Stachowski, an act 25 to amend the State Finance Law;

Candyco Transcription Service, Inc. 1 5614B, by Senator Valesky, an act 2 to amend the Alcoholic Beverage Control Law; 3 5628A, by Senator Savino, an act to 4 amend the Retirement and Social Security Law; 5 5969, by Senator Valesky, an act to 6 amend the Education Law; 7 6646, by Senator Bonacic, an act to 8 amend the Executive Law; 9 6861, by Senator LaValle, an act 10 authorizing; 11 6888C, by Senator Hassell-Thompson, 12 an act to amend the Retirement and Social 13 Security Law; 14 7202A, by Senator Skelos, an act 15 authorizing; 16 7228A, by Senator Stachowski, an 17 act to amend the New York State Urban 18 Development Corporation Act; 19 7255A, by Senator Morahan, an act 20 to amend the Mental Hygiene Law; 21 7267C, by Senator Schneiderman, an 22 act to amend the General Business Law; 23 7412B, by Senator Montgomery, an 24 act to amend the Administrative Code of the 25 City of New York;

Candyco Transcription Service, Inc. 1 7480A, by Senator Valesky, an act 2 to amend the Alcoholic Beverage Control Law; 3 7517, by Senator Duane, an act to 4 amend the Social Services Law; 5 7580, by Senator Stachowski, an act 6 to amend the Tax Law; 7 7587, by Senator Oppenheimer, an 8 act to amend the Agriculture and Markets Law; 9 7730, by Senator Flanagan, an act 10 to amend the Real Property Tax Law; 11 7738A, by Senator Farley, an act 12 authorizing; 13 7769, by Senator L. Krueger, an act 14 to amend the Public Authorities Law; 15 7830, by Senator C. Kruger, an act 16 to amend the Real Property Law; 17 7840, by Senator Skelos, an act to 18 amend Chapter 821 of the Laws of 1970; 19 7900, by Senator Savino, an act to 20 amend the Workers' Compensation Law; 21 7955A, by Senator Oppenheimer, an 22 act to amend the Agriculture and Markets Law; 23 8004, by Senator Aubertine, an act 24 to amend the Penal Law; 25 8072A, by Senator Schneiderman, an

Candyco Transcription Service, Inc. 1 act to amend the General Obligations Law; 2 8097, by Senator Squadron, an act 3 to amend the Public Service Law; 4 8132A, by Senator Montgomery, an 5 act to amend the Social Services Law; 6 8165A, by Senator Stewart-Cousins, 7 an act to repeal; 8 8215, by Senator LaValle, an act to 9 amend the Highway Law; 10 8229, by Senator Hassell-Thompson, 11 an act to amend the Executive Law. 12 8258, by Senator Parker, an act to 13 amend a chapter of the Laws of 2010; 14 8289, by Senator Stachowski, an act 15 to amend the Penal Law; 16 8310, by Senator Aubertine, an act 17 to amend the Public Service Law; 18 8333, by Senator Squadron, an act 19 to amend General Business Law; 20 8343, by Senator Foley, an act to 21 amend the Environmental Conservation Law; 22 8347, by Senator Klein, an act to 23 amend the Education Law; 24 8370, by the Senate Committee on 25 Rules, an act to amend Chapter 268 of the Laws

Candyco Transcription Service, Inc. 1 of 1989; 2 8373A, by Senator Sampson, an act 3 to amend the Civil Rights Law; 4 8376, by Senator Oppenheimer, an 5 act to amend the Education Law; 6 8377A, by Senator Dilan, an act to 7 amend the Multiple Dwelling Law; 8 8378, by Senator Schneiderman, an 9 act to amend the State Finance Law; 10 8379A, by Senator Schneiderman, an 11 act to amend the Labor Law; 12 8391, by Senator Sampson, an act to 13 amend a chapter of the Laws of 2010; 14 5806C, by Senator Young, an act to 15 authorize; 16 7115A, by Senator Young, an act to 17 amend the Highway Law; 18 7602, by Senator Winner, an act in 19 relation to dissolving; 20 And Senate Print 7636, by Senator 21 Winner, an act in relation to dissolving. 22 All bills ordered direct to third 23 reading. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 All those in favor of adopting the Rules

Candyco Transcription Service, Inc. 1 Committee report please signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The Rules Committee report is adopted. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a resolution at the desk by 11 Senator Hassell-Thompson. I ask that the 12 resolution be read title only and move for its 13 immediate adoption. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The Secretary will read. 16 THE SECRETARY: By Senator 17 Hassell-Thompson, legislative resolution 18 applauding and approving the foregoing steps 19 that have been taken by the chief judge and 20 the judiciary to institute an ongoing program 21 with respect to civil legal services in the 22 State of New York. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein, as this resolution been deemed 25 privileged and submitted by the office of the

Candyco Transcription Service, Inc. 1 Temporary President? 2 SENATOR KLEIN: Yes, it has, 3 Mr. President. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The Secretary has read. 6 All those voting in favor of the 7 resolution please indicate by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The resolution is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, is 16 there any further business at the desk? 17 ACTING PRESIDENT CRAIG JOHNSON: 18 No, Senator Klein, the desk is clear. 19 SENATOR KLEIN: There being no 20 further business, Mr. President, I move that 21 we adjourn until Wednesday, June 30th, at 22 12:00 p.m. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 There being no further business to come before 25 the Senate, on motion, the Senate stands

Candyco Transcription Service, Inc. 1 adjourned until Wednesday, June 30th, at 2 12:00 p.m. 3 (Whereupon, at 7:07 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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