Wednesday, June 30, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 30, 2010 11 12:58 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, 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 VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Tuesday, June 29, the Senate met pursuant to 19 adjournment. The Journal of Monday, June 28, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 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 Parker, on page 29 I offer 11 the following amendments to Calendar Number 12 1204, Senate Print Number 8296A, and ask that 13 said bill retain its place on Third Reading 14 Calendar. 15 ACTING PRESIDENT VALESKY: So 16 ordered. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, I 19 believe there are substitutions at the desk. 20 I ask that we make the substitutions at this 21 time. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will proceed to read the 24 substitutions. 25 THE SECRETARY: On page 10,

Candyco Transcription Service, Inc. 1 Senator Marcellino moves to discharge, from 2 the Committee on Rules, Assembly Bill Number 3 9799A and substitute it for the identical 4 Senate Bill Number 6705A, Third Reading 5 Calendar 252. 6 On page 26, Senator L. Krueger 7 moves to discharge, from the Committee on 8 Rules, Assembly Bill Number 7907D and 9 substitute it for the identical Senate Bill 10 Number 4778C, Third Reading Calendar 930. 11 On page 26, Senator Serrano moves 12 to discharge, from the Committee on Rules, 13 Assembly Bill Number 10392C and substitute it 14 for the identical Senate Bill Number 7985A, 15 Third Reading Calendar 935. 16 On page 28, Senator Aubertine moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 10023A and substitute it 19 for the identical Senate Bill Number 7936A, 20 Third Reading Calendar 1056. 21 On page 31, Senator Breslin moves 22 to discharge, from the Committee on Rules, 23 Assembly Bill Number 2279 and substitute it 24 for the identical Senate Bill Number 754, 25 Third Reading Calendar 1293.

Candyco Transcription Service, Inc. 1 On page 32, Senator Lanza moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 7093B and substitute it 4 for the identical Senate Bill Number 4431B, 5 Third Reading Calendar 1326. 6 On page 32, Senator Valesky moves 7 to discharge, from the Committee on Commerce, 8 Economic Development and Small Business, 9 Assembly Bill Number 488C and substitute it 10 for the identical Senate Bill Number 5614B, 11 Third Reading Calendar 1330. 12 On page 32, Senator Bonacic moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 9096 and substitute it 15 for the identical Senate Bill Number 6646, 16 Third Reading Calendar 1333. 17 On page 32, Senator LaValle moves 18 to discharge, from the Committee on Rules, 19 Assembly Bill Number 9947 and substitute it 20 for the identical Senate Bill Number 6861, 21 Third Reading Calendar 1334. 22 On page 33, Senator Skelos moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 10050A and substitute it 25 for the identical Senate Bill Number 7202A,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1336. 2 On page 33, Senator Stachowski 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 5255A and 5 substitute it for the identical Senate Bill 6 Number 7228A, Third Reading Calendar 1337. 7 On page 33, Senator Morahan moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 11034A and substitute it 10 for the identical Senate Bill Number 7255A, 11 Third Reading Calendar 1338. 12 On page 33, Senator Duane moves to 13 discharge, from the Committee on Health, 14 Assembly Bill Number 8285 and substitute it 15 for the identical Senate Bill Number 7517, 16 Third Reading Calendar 1342. 17 On page 33, Senator Stachowski 18 moves to discharge, from the Committee on 19 Rules, Assembly Bill Number 10786 and 20 substitute it for the identical Senate Bill 21 Number 7580, Third Reading Calendar 1343. 22 On page 33, Senator Flanagan moves 23 to discharge, from the Committee on Local 24 Government, Assembly Bill Number 10875 and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc. 1 Number 7730, Third Reading Calendar 1345. 2 On page 34, Senator Skelos moves to 3 discharge, from the Committee on Rules, 4 Assembly Bill Number 10049 and substitute it 5 for the identical Senate Bill Number 7840, 6 Third Reading Calendar 1349. 7 On page 34, Senator Oppenheimer 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 11178A and 10 substitute it for the identical Senate Bill 11 Number 7955A, Third Reading Calendar 1351. 12 On page 34, Senator Squadron moves 13 to discharge, from the Committee on Energy and 14 Telecommunications, Assembly Bill Number 5691 15 and substitute it for the identical Senate 16 Bill Number 8097, Third Reading Calendar 1354. 17 On page 35, Senator Foley moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 10269B and substitute it 20 for the identical Senate Bill Number 8343, 21 Third Reading Calendar 1364. 22 On page 36, Senator Smith moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 10992 and substitute it 25 for the identical Senate Bill Number 8370,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1366. 2 On page 36, Senator Oppenheimer 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 11566 and 5 substitute it for the identical Senate Bill 6 Number 8376, Third Reading Calendar 1368. 7 On page 36, Senator Dilan moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 11567 and substitute it 10 for the identical Senate Bill Number 8377A, 11 Third Reading Calendar 1369. 12 On page 37, Senator Young moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 10620 and substitute it 15 for the identical Senate Bill Number 7115A, 16 Third Reading Calendar 1374. 17 And on page 37, Senator Winner 18 moves to discharge, from the Committee on 19 Rules, Assembly Bill Number 10860 and 20 substitute it for the identical Senate Bill 21 Number 7636, Third Reading Calendar 1376. 22 ACTING PRESIDENT VALESKY: 23 Substitutions ordered. 24 Senator Klein. 25 SENATOR KLEIN: Mr. President, I

Candyco Transcription Service, Inc. 1 believe there's a resolution at the desk by 2 Senator Hassell-Thompson. I ask that the 3 title of the resolution be read and move for 4 its immediate adoption. 5 ACTING PRESIDENT VALESKY: 6 Senator Klein, has this resolution been deemed 7 privileged and submitted by the office of the 8 Temporary President? 9 SENATOR KLEIN: Yes, it has, 10 Mr. President. 11 ACTING PRESIDENT VALESKY: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Hassell-Thompson, legislative resolution 15 commending Bobby J. Johnson upon the occasion 16 of receiving the Humanitarian Award from the 17 Women's Welfare Club of Mount Vernon. 18 ACTING PRESIDENT VALESKY: 19 Senator Hassell-Thompson, on the resolution. 20 SENATOR HASSELL-THOMPSON: Thank 21 you, Mr. President. 22 Just to -- I rise to congratulate 23 Mr. Bobby Johnson on his award by the Women's 24 Welfare League. This is a group of people who 25 have for over a hundred years been serving our

Candyco Transcription Service, Inc. 1 communities, and they have identified those 2 persons that they believe exemplify the 3 mission of their organization in the person of 4 Bobby Johnson, who is totally a community 5 person, who's someone I've known for a very 6 long time. 7 I remember back in the early '70s 8 when I ran for school board, we had met at a 9 motorcycle convention, of all places. And the 10 belief that people who ride motorcycles don't 11 have connections to the community and don't 12 have a civic sense of being -- but I found in 13 Bobby Johnson a person who is very concerned 14 about the children and about education. 15 And he thought that I would make a 16 good candidate for the school board, and he 17 worked very hard, with other members of his 18 motorcycle club, to put together campaign 19 funds for me to run for that public office. 20 And earlier he had helped to raise 21 money for buses to send parents to go to 22 Washington, D.C., to ensure that childcare was 23 something that stayed on the national agenda. 24 And as they were changing from the cap agency 25 to an independent agency, which today is HHS

Candyco Transcription Service, Inc. 1 but then was HEW, he always had a civic bent. 2 And as somebody who if you saw him on the 3 street, he would never acknowledge any of the 4 things that he had ever done because he just 5 felt that that's what people should just do. 6 And so in the person of Bobby 7 Johnson, today I'm very happy to stand here 8 and to proclaim him as a friend and to 9 congratulate him as his Senator for the work 10 that he does on behalf of children and the 11 people of the City of Mount Vernon. 12 Thank you, Mr. President. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Hassell-Thompson. 15 All those in favor of adopting the 16 resolution signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT VALESKY: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT VALESKY: The 22 resolution is adopted. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at 25 this time can we please go to a reading of the

Candyco Transcription Service, Inc. 1 calendar. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will proceed with the reading of the 4 noncontroversial calendar. 5 THE SECRETARY: Calendar Number 6 844, by Senator Saland, Senate Print 7001B, an 7 act to amend the Insurance Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1232, by Senator Stewart-Cousins -- 20 SENATOR LIBOUS: Lay it aside, 21 please. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 1323, by Senator Duane, Senate Print 3180C, an

Candyco Transcription Service, Inc. 1 act to -- 2 SENATOR LIBOUS: Lay it aside, 3 please. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: Calendar Number 7 1324, by Senator Oppenheimer, Senate Print 8 4117B, an act to amend the Education Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1325, by Senator Flanagan, Senate Print 4181, 21 an act to amend the Highway Law. 22 ACTING PRESIDENT VALESKY: There 23 is a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1326, substituted earlier today by Member of 10 the Assembly Espaillat, Assembly Print Number 11 7093B, an act to amend the Executive Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1327, by Senator Oppenheimer, Senate Print 24 5512A, an act to amend the Education Law and 25 the Social Services Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 8. This 4 act shall take effect October 1, 2011. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 1327 are 10 Senators Alesi, Bonacic, DeFrancisco, Farley, 11 Flanagan, Fuschillo, Golden, Hannon, 12 O. Johnson, Larkin, LaValle, Leibell, Libous, 13 Marcellino, Padavan, Ranzenhofer, Saland, 14 Seward, Skelos, Volker and Winner. 15 Ayes, 39. Nays, 21. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1328, by Senator Stachowski, Senate Print 20 5514, an act to amend the State Finance Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT VALESKY: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1330, substituted earlier today by Member of 8 the Assembly Destito, Assembly Print Number 9 488C, an act to amend the Alcoholic Beverage 10 Control Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of January. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 SENATOR DILAN: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 SENATOR LIBOUS: Mr. President, 22 who did that? 23 ACTING PRESIDENT VALESKY: The 24 bill was laid aside by Senator Dilan. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1331, by Senator Savino, Senate Print 5628A, 2 an act to amend the Retirement and Social 3 Security Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act -- 8 SENATOR DeFRANCISCO: Lay it 9 aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 1332, by Senator Valesky, Senate Print 5969, 14 an act to amend the Education Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1333, substituted earlier by Member of the 2 Assembly Crouch, Assembly Print Number 9096, 3 an act to amend the Executive Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1334, substituted earlier today by Member of 16 the Assembly Alessi, Assembly Print Number 17 9947, an act authorizing William Bianco and 18 Eric Lipinsky. 19 ACTING PRESIDENT VALESKY: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1335, by Senator Hassell-Thompson, Senate 7 Print 6888C, an act to amend the Retirement 8 and Social Security Law and others. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 9. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1336, substituted earlier today by Member of 21 the Assembly Weisenberg, Assembly Print Number 22 10050A, an act authorizing the assessor of the 23 County of Nassau. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1337, substituted earlier by Member of the 11 Assembly Espaillat, Assembly Print Number 12 5255A, an act to amend the New York State 13 Urban Development Corporation Act. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1338, substituted earlier today by Member of

Candyco Transcription Service, Inc. 1 the Assembly Paulin, Assembly Print Number 2 11034A, an act to amend the Mental Hygiene 3 Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1339, by Senator Schneiderman, Senate Print 16 7267C, an act to amend the General Business 17 Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 120th day. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1340, by Senator Montgomery, Senate Print 5 7412B, an act to amend the Administrative Code 6 of the City of New York. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT VALESKY: 15 Senator Montgomery, to explain her vote. 16 SENATOR MONTGOMERY: Yes, 17 Mr. President, to explain my vote. 18 This bill requires notice to owners 19 of adjoining properties that prior to 20 construction or excavation or demolition work 21 being performed, neighboring owners must be 22 notified. 23 It is in response to a number of 24 incidents in my district and throughout the 25 city where there is a tremendous amount of

Candyco Transcription Service, Inc. 1 construction going on and many of the 2 properties that are being worked on, either 3 through -- completely demolished to rebuild or 4 renovation projects, excavation, it's all 5 going on, and in many, many instances these 6 are buildings that are attached to other 7 buildings, they have adjoining walls. 8 This legislation simply protects 9 people who live in buildings that are sharing 10 a wall with a building that is being 11 demolished or being worked on otherwise from 12 what happened in my district when one of the 13 buildings collapsed that should not have 14 because the building next to it was being 15 demolished. 16 And so I ask for support of this 17 legislation. It will help in many, many 18 instances all over our city. And therefore I 19 will be voting in the affirmative. 20 ACTING PRESIDENT VALESKY: 21 Senator Montgomery to be recorded in the 22 affirmative. 23 Announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1340 are

Candyco Transcription Service, Inc. 1 Senators Alesi, Aubertine, Bonacic, 2 DeFrancisco, Farley, Flanagan, O. Johnson, 3 Lanza, Larkin, Libous, Maziarz, Nozzolio, 4 Ranzenhofer, Saland, Seward, Skelos, Volker, 5 Winner and Young. Also Senator Griffo. 6 Ayes, 40. Nays, 20. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 Senator Bonacic. 10 SENATOR BONACIC: Thank you, 11 Mr. President. I'm going to ask for unanimous 12 consent to be recorded in the negative on 13 Calendar Number 1336, please. 14 ACTING PRESIDENT VALESKY: With 15 unanimous consent, Senator Bonacic to be 16 recorded in the negative on Calendar 1336. 17 SENATOR BONACIC: Thank you, 18 Mr. President. 19 ACTING PRESIDENT VALESKY: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1341, by Senator Valesky, Senate Print 7480A, 23 an act to amend the -- 24 ACTING PRESIDENT VALESKY: 25 Senator Larkin, why do you rise?

Candyco Transcription Service, Inc. 1 SENATOR LARKIN: I'd like to ask 2 for unanimous consent to be recorded in the 3 negative on Calendar Number 1336. 4 ACTING PRESIDENT VALESKY: With 5 unanimous consent, Senator Larkin to be 6 recorded in the negative on Calendar Number 7 1336. 8 The Secretary will read the last 9 section on Calendar Number 1341. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1341 are 17 Senators Diaz, Fuschillo and Marcellino. 18 Ayes, 57. Nays, 3. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1342, substituted earlier today by -- 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT VALESKY: The 25 bill is laid aside.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1343, substituted earlier today by Member of 3 the Assembly Schimminger, Assembly Print 4 Number 10786, an act to amend the Tax Law. 5 ACTING PRESIDENT VALESKY: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. Nays, 14 1. Senator Hannon recorded in the negative. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1344, by Senator Oppenheimer, Senate Print 19 7587, an act to amend the Agriculture and 20 Markets Law and the General Business Law. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect April 1, 2011. 25 ACTING PRESIDENT VALESKY: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1344 are 5 Senators Aubertine, Golden, Griffo, Little, 6 Ranzenhofer, Volker, Winner and Young. 7 Ayes, 53. Nays, 8. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1345, substituted earlier today by Member of 12 the Assembly Magee, Assembly Print Number 13 10875, an act to amend the Real Property Tax 14 Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1346, by Senator Farley, Senate Print 7738A, 2 an act to authorize the City of Schenectady. 3 ACTING PRESIDENT VALESKY: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1347, by Senator L. Krueger, Senate Print 16 7769, an act to amend the Public Authorities 17 Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59. Nays,

Candyco Transcription Service, Inc. 1 2. Senators Diaz and Huntley recorded in the 2 negative. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1348, by Senator C. Kruger, Senate Print 7830, 7 an act to amend the Real Property Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1349, substituted earlier today by Member of 20 the Assembly Weisenberg, Assembly Print Number 21 10049, an act to amend Chapter 821 of the Laws 22 of 1970 amending the Town Law. 23 ACTING PRESIDENT VALESKY: There 24 is a home-rule message at the desk. 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1350, by Senator Savino, Senate Print 7900, an 11 act to amend the Workers' Compensation Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT VALESKY: The 20 Secretary will announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1350 are 23 Senators Flanagan, Golden, Larkin, LaValle, 24 Marcellino, Nozzolio, Saland, Skelos, Volker, 25 Winner and Young.

Candyco Transcription Service, Inc. 1 Ayes, 50. Nays, 11. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar 5 Number -- also Senator Ranzenhofer. 6 Ayes, 49. Nays, 12. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1351, substituted earlier today by Member of 11 the Assembly Paulin, Assembly Print Number 12 11178A, an act to amend the Agriculture and 13 Markets Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the same date and in 18 the same manner as Section 5 of Chapter 479 of 19 the Laws of 2009. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1352, by Senator Aubertine, Senate Print 8004, 3 an act to amend the Penal Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 180th day. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1354 -- 17 SENATOR KLEIN: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 1356, by Senator Montgomery, Senate Print 23 8132A, an act to amend the Social Services 24 Law. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is high and will be laid aside for the 2 day. 3 THE SECRETARY: Calendar Number 4 1357, by Senator Stewart-Cousins -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1358, by Senator LaValle, Senate Print 8215, 11 an act to amend the Highway Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1359, by Senator Hassell-Thompson, Senate 24 Print 8229, an act to amend the Executive Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 1360, by Senator Parker -- 7 SENATOR KLEIN: Lay the bill 8 aside for the day, please. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 1361, by Senator Stachowski, Senate Print 13 8289, an act to amend the Penal Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1362, by Senator Aubertine, Senate Print 8310,

Candyco Transcription Service, Inc. 1 an act to amend the Public Service Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1363, by Senator Squadron, Senate Print 8333, 14 an act to amend the General Business Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the same date and in 19 the same manner as a chapter of the Laws of 20 2010. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT VALESKY: 25 Senator Duane, to explain his vote.

Candyco Transcription Service, Inc. 1 SENATOR DUANE: Thank you, 2 Mr. President. 3 Regarding Calendar Number 1363, on 4 June 22nd I abstained from voting on S4313D 5 due to a potential pecuniary interest I may 6 have regarding the legislation, since my 7 partner of 17 years, Louis Webre, is employed 8 in the auction industry. 9 Today's bill is a chapter amendment 10 to this previous legislation, and as such I 11 ask for unanimous consent to abstain from 12 voting. 13 Thank you, Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Without objection, Senator Duane to abstain. 16 The Secretary will announce the 17 results. 18 SENATOR SALAND: Mr. President, 19 to explain my vote. 20 ACTING PRESIDENT VALESKY: 21 Senator Saland, to explain his vote. 22 SENATOR SALAND: Thank you, 23 Mr. President. 24 Mr. President, we had an earlier 25 version of this bill which I had spoken in

Candyco Transcription Service, Inc. 1 opposition to and voted against, and one of 2 the concerns with the earlier version of the 3 bill was that it applied New York City 4 auction-house standards to counties with 5 populations of 200,000 or more. 6 This now takes that very same 7 concept and imposes it upon virtually every 8 county in this state by reducing the 9 population of the county to 45,000. Any 10 county with a population in excess of 45,000 11 will now be responsible to adhere to these 12 standards that might work wonderfully well for 13 Sotheby's or any of the other major auction 14 houses in New York City but will certainly be 15 a challenge and an imposition and quite a 16 difficult thing for the small local 17 auctioneers to deal with. 18 So I would urge my colleagues, 19 particularly any single one of them outside of 20 the City of New York in a county with a 21 population of more than 45,000 to vote against 22 this bill. I'm sure that their auctioneers 23 probably have little or no notice of this, as 24 it is in effect a last-minute change without 25 the opportunity to have these people heard

Candyco Transcription Service, Inc. 1 from. 2 Thank you. 3 ACTING PRESIDENT VALESKY: 4 Senator Saland to be recorded in the negative. 5 Announce the results. 6 SENATOR KLEIN: Lay the bill 7 aside for the day, please. 8 ACTING PRESIDENT VALESKY: The 9 roll call is withdrawn and the bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 1364, substituted earlier today by Member of 13 the Assembly Sweeney, Assembly Print Number 14 10269B, an act to amend the Environmental 15 Conservation Law. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 150th day. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1365, by Senator Klein, Senate Print 8347, an 3 act to amend the Education Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 5. This 7 act -- 8 SENATOR LIBOUS: Lay it aside, 9 please. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 THE SECRETARY: Calendar Number 13 1366, substituted earlier today by Member of 14 the Assembly Gantt, Assembly Print Number 15 10992, an act to amend Chapter 268 of the Laws 16 of 1989 amending the Vehicle and Traffic Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1367, by Senator Sampson, Senate Print -- 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 1368, substituted earlier today by the 9 Assembly Committee on Rules, Assembly Print 10 Number 11566, an act to amend the Education 11 Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1369, substituted earlier today by the 24 Assembly Committee on Rules, Assembly Print 25 Number 11567, an act to amend the Multiple

Candyco Transcription Service, Inc. 1 Dwelling Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Senator Padavan, to explain his vote. 11 SENATOR PADAVAN: Thank you, 12 Mr. President. 13 First, this bill ties the Loft Law, 14 a very important subject area in the City of 15 New York, to VLT gaming in terms of 16 limitations and hours and all that sort of 17 stuff. What the two of them have in common is 18 absolutely nothing. Why they are together? 19 Because one might not pass if it didn't give 20 the opportunity for people to say, Well, I had 21 to vote for it because I'm in favor of the 22 Loft Law. 23 To me, that's disingenuous, I think 24 it's really unethical, in a sense, and 25 certainly it has no proper place in this

Candyco Transcription Service, Inc. 1 Legislature. 2 I'm going to vote no not because I 3 am against the provisions of the Loft Law, 4 which I've certainly been sympathetic to and 5 supported for years, but I am against those 6 provisions that are provided in this bill 7 dealing with video lottery gaming. 8 ACTING PRESIDENT VALESKY: 9 Senator Padavan to be recorded in the 10 negative. 11 Senator Libous. 12 SENATOR LIBOUS: I'm going to 13 join Senator Padavan. I have no problem with 14 the gaming portion of this, and I have no 15 portion with the other portion of it. But I 16 have to tell you that he's right, these two 17 issues have no business being together in a 18 piece of legislation. 19 I don't understand it. It doesn't 20 make any sense. And I will support my 21 colleague on this point. If we're going to 22 start taking a variety of different issues and 23 putting them into legislation just so that we 24 can get people to vote on them or pass on 25 them, that's not the intent of this body. And

Candyco Transcription Service, Inc. 1 to put a video gaming bill in with the Loft 2 Law, I don't care who you are, it makes 3 absolutely no sense. 4 So I'll join Senator Padavan in 5 voting no. 6 ACTING PRESIDENT VALESKY: 7 Senator Libous to be recorded in the negative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1369 are 11 Senators Bonacic, DeFrancisco, Farley, 12 Flanagan, Golden, Griffo, O. Johnson, Lanza, 13 Libous, Little, Nozzolio, Padavan, Skelos, 14 Volker, Winner and Young. 15 SENATOR LaVALLE: Lay the bill 16 aside, please. 17 ACTING PRESIDENT VALESKY: The 18 roll call is withdrawn, and the bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1370, by Senator Schneiderman, Senate Print 22 8378, an act to amend the State Finance Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 13. This

Candyco Transcription Service, Inc. 1 act shall take effect -- 2 SENATOR HANNON: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 1371, by Senator Schneiderman, Senate Print 7 8379A, an act to amend the Labor Law. 8 ACTING PRESIDENT VALESKY: The 9 bill is high and will be laid aside for the 10 day. 11 THE SECRETARY: Calendar Number 12 1372, by Senator Sampson, Senate Print 8391, 13 an act to amend a chapter of the Laws of 2010. 14 ACTING PRESIDENT VALESKY: That 15 bill is also high and will be laid aside for 16 the day. 17 THE SECRETARY: Calendar Number 18 1373, by Senator Young, Senate Print 5806C, an 19 act to authorize the Education Department. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1374, substituted earlier today by Member of 7 the Assembly Parment, Assembly Print Number 8 10620, an act to amend the Highway Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1375, by Senator Winner, Senate Print 7602, an 21 act in relation to dissolving. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1376, substituted earlier today by Member of 9 the Assembly Bacalles, Assembly Print Number 10 10860, an act in relation to dissolving. 11 ACTING PRESIDENT VALESKY: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 Senator Klein, that completes the 23 reading of the noncontroversial calendar. 24 SENATOR KLEIN: Mr. President, at 25 this time can we please go to a reading of the

Candyco Transcription Service, Inc. 1 controversial calendar. 2 ACTING PRESIDENT VALESKY: The 3 Secretary will ring the bells and proceed with 4 the reading of the controversial calendar, 5 beginning with Calendar Number 1232. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1232, by Senator Stewart-Cousins, Senate Print 9 7189, an act to amend the Education Law. 10 ACTING PRESIDENT VALESKY: Are 11 there any Senators who wish to be heard? 12 Seeing none, the debate is closed. 13 The Secretary will ring the bells. 14 All Senator are asked to come to the chamber 15 for the roll call. 16 Senator Klein. 17 SENATOR KLEIN: Mr. President, 18 Calendar Number 1367, Senate Print Number 19 8373A, Senator Sampson's bill, the Minority 20 laid it aside. I want to lay the bill aside 21 for the day. 22 ACTING PRESIDENT VALESKY: 23 Calendar Number 1367 will be laid aside for 24 the day. 25 SENATOR KLEIN: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect July 1, 2010. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Senator Flanagan, to explain his vote. 11 SENATOR FLANAGAN: Thank you, 12 Mr. President. 13 I'm going to vote no on this bill. 14 And to follow up on the comments that were 15 made by Senator Robach the other day, this is 16 the second time this week -- and I see her 17 smiling, and I give her credit, Senator 18 Stewart-Cousins, for advancing and pushing for 19 your community. 20 But I must respectfully tell you 21 that this is the exactly the wrong way that we 22 should be financing and funding education. 23 We're sending one pile of money to a 24 community, now roughly $9 million in less than 25 a week, for special issues that should be

Candyco Transcription Service, Inc. 1 negotiated and debated within the context of 2 the budget. 3 The Governor has now vetoed all the 4 additional restorations. This is exactly the 5 type of thing that should be aired and vetted 6 in the public eye. If you are from Rochester 7 or Buffalo or Syracuse or, for that matter, 8 any community in the State of New York, you're 9 voting against your own communities by voting 10 in support of this bill. 11 This is something that should be 12 negotiated; it hasn't been. And it should be 13 part of the budget, and it hasn't been. I'm 14 going to vote no. 15 ACTING PRESIDENT VALESKY: 16 Senator Flanagan to be recorded in the 17 negative. 18 Senator DeFrancisco, to explain his 19 vote. 20 SENATOR DeFRANCISCO: I'm going 21 to vote no. 22 I have a different take on this. 23 With the Governor vetoing all the additional 24 education funding, does anyone in their right 25 mind believe that this bill is real?

Candyco Transcription Service, Inc. 1 It might be a great press release, 2 it might be a great thing to put on a campaign 3 brochure that a bill was passed, but 4 realistically does anyone think that the 5 Governor is going to take Yonkers and provide 6 a pot of money to Yonkers without any other of 7 the major cities or any other community 8 receiving additional funds -- in fact, getting 9 monies that the Legislature, in their infinite 10 wisdom, passed and he vetoed it. 11 So I would hope that everybody out 12 there realizes what this truly is. And if it 13 wasn't -- well, I'll leave it at that, what it 14 truly is. And it truly is simply a little 15 piece for a campaign brochure that costs the 16 citizens of this state a lot of money to print 17 the bill up, go through the process and go 18 through the debates and get it here on the 19 floor. I vote no. 20 ACTING PRESIDENT VALESKY: 21 Senator DeFrancisco to be recorded in the 22 negative. 23 Senator Stewart-Cousins, to explain 24 her vote. 25 SENATOR STEWART-COUSINS: Yes,

Candyco Transcription Service, Inc. 1 thank you, Mr. President. 2 When we passed our budget 3 resolution, this language was in the budget, 4 so -- the resolution that was passed in this 5 house. So for anyone who thinks that this is 6 new language, it is not. It is language that 7 is not for a press release, it's not for 8 anything other than to, again, rectify what 9 has been a continuing problem in terms of 10 funding the school district in the City of 11 Yonkers. 12 And again, as I was saying, even in 13 2008 I remember Senator Skelos -- I have the 14 article to show -- said that he understood the 15 problem and would help to rewrite the funding 16 formula. 17 Now, it is very difficult to 18 rewrite a formula that just works for one 19 place. And that is why we very deliberately 20 looked at how Yonkers was different from other 21 communities. And what is different in many 22 cases is the increasing enrollment. And as we 23 cut the funding and not consider the fact that 24 it is frozen and then reduced, and meanwhile 25 you have almost a thousand more students, it

Candyco Transcription Service, Inc. 1 is a cut that is beyond the cuts of other 2 communities. 3 So yes, I'm standing up and asking 4 my colleagues to support rectifying something 5 that is unique to Yonkers and asking for them 6 to support this. And of course I vote aye. 7 Thank you. 8 ACTING PRESIDENT VALESKY: 9 Senator Stewart-Cousins to be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1232 are 14 Senators Alesi, Bonacic, DeFrancisco, Farley, 15 Flanagan, Fuschillo, Golden, Griffo, Hannon, 16 O. Johnson, Lanza, Larkin, LaValle, Leibell, 17 Senator, Little, Marcellino, Maziarz, 18 McDonald, Nozzolio, Padavan, Ranzenhofer, 19 Robach, Saland, Seward, Skelos, Volker, Winner 20 and Young. 21 Ayes, 32. Nays, 29. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1323, by Senator Duane --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1330, substituted earlier today by Member of 7 the Assembly Destito, Assembly Print Number -- 8 SENATOR KLEIN: Lay the bill 9 aside for the day, please. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside for the day. 12 THE SECRETARY: Calendar Number 13 1331, by Senator Savino, Senate Print 5628A, 14 an act to amend the Retirement and Social 15 Security Law. 16 ACTING PRESIDENT VALESKY: Are 17 there any Senators who wish to be heard? 18 SENATOR DeFRANCISCO: 19 Explanation. 20 ACTING PRESIDENT VALESKY: 21 Senator Savino, an explanation has been 22 requested by Senator DeFrancisco. 23 SENATOR SAVINO: Certainly, 24 Mr. President. 25 This bill would amend the

Candyco Transcription Service, Inc. 1 Retirement and Social Security Law in relation 2 to the purchase of service credit that we 3 refer to as air time. Routinely I get 4 approached by people who ask if they would be 5 able to purchase prior service time. And 6 there is a mechanism in place for people to 7 purchase prior service time for which they may 8 have been in provisional status or they may 9 have had a break in service, so they could add 10 to their length of service. 11 Air time would actually be for 12 service of which you did not serve. And what 13 this would allow someone to do, they would be 14 able to purchase up to five years of 15 additional time, but they would be required to 16 pay the full cost, which would be the 17 employer's cost and the employee's cost. 18 And just as an example of what this 19 could potentially cost to an individual, it 20 would actually be very expensive, so they 21 would have to seriously consider it. For 22 instance, an individual who is a Tier 4 member 23 who is age 55 and has a final average salary 24 of $55,000 a year but needs to purchase one 25 additional year of service so they could have

Candyco Transcription Service, Inc. 1 a longer service period, they would have to 2 purchase one year of service for $97,175. 3 Incredibly expensive, but it is possible that 4 someone might want to take advantage of this 5 option. 6 The cost is totally borne by the 7 employ themselves, so the employer does not 8 have to contribute for that extra time. The 9 employee would have to pay the full freight. 10 If it's an option, it's been done in several 11 other states. The retirement system has said 12 they've gotten several requests for this type 13 of an option for people to take. And so this 14 legislation would allow them to do that. 15 But of course they would have to be 16 aware of the actual cost and what the benefit 17 would be and how long it could potentially 18 take to recoup the amount of money that they'd 19 paid into it. 20 SENATOR DeFRANCISCO: Would 21 Senator Savino yield to a question. 22 ACTING PRESIDENT VALESKY: 23 Senator Savino, do you yield? 24 SENATOR SAVINO: Certainly. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 sponsor yields. 2 SENATOR DeFRANCISCO: Presently 3 in the State of New York do we have any of 4 these types of options right now for buying in 5 for service which you did not serve? 6 SENATOR SAVINO: No. This would 7 allow people to actually do that. 8 SENATOR DeFRANCISCO: Would 9 Senator Savino yield to another question. 10 ACTING PRESIDENT VALESKY: 11 Senator Savino? 12 SENATOR SAVINO: Certainly. 13 ACTING PRESIDENT VALESKY: The 14 sponsor yields. 15 SENATOR DeFRANCISCO: Senator 16 Savino, if someone does not reach the 17 retirement age, can they get this money back 18 with interest? 19 SENATOR SAVINO: I believe they 20 could get the money back -- hold on, let me 21 just take a quick look at the memo. Yes, it 22 would be refunded with interest if they were 23 to die before reaching retirement age or if 24 they were -- if they'd reached retirement age. 25 And the reason why is because the

Candyco Transcription Service, Inc. 1 Comptroller would be able to take this 2 additional money that the employee put in and 3 put it into the -- it would deposit such funds 4 into the pension accumulation fund. So the 5 money would be accruing interest while it was 6 there. 7 SENATOR DeFRANCISCO: Would you 8 continue to yield? 9 SENATOR SAVINO: Certainly. 10 SENATOR DeFRANCISCO: Now, 11 Senator Savino, so there's really no risk to 12 somebody doing this because they could always 13 get the money back with interest; fair enough? 14 SENATOR SAVINO: True. 15 SENATOR DeFRANCISCO: Okay. 16 Would you yield to another question? 17 ACTING PRESIDENT VALESKY: 18 Senator Savino. 19 SENATOR SAVINO: Yes. 20 ACTING PRESIDENT VALESKY: The 21 sponsor yields. 22 SENATOR DeFRANCISCO: Now, let's 23 suppose somebody lives to retirement age and 24 starts reaping the benefits of this buy-in for 25 service for which they did not serve. Isn't

Candyco Transcription Service, Inc. 1 it true that if they live to a ripe old age 2 then there would be an additional cost to the 3 pension fund that all pensioners rely on? 4 SENATOR SAVINO: There could be, 5 but that additional cost to the pension system 6 would be mitigated by the investment that was 7 made by the employee. 8 So there would be minimal cost. 9 The Comptroller's office states that there 10 could be an additional cost based on the 11 length of service that now expands the 12 retirement benefit. However, most of it would 13 have been borne by the investment -- by the 14 employee to begin with. 15 SENATOR DeFRANCISCO: Thank you. 16 On the bill. 17 ACTING PRESIDENT VALESKY: 18 Senator DeFrancisco, on the bill. 19 SENATOR DeFRANCISCO: You know, 20 the whole concept of buying back service for 21 which you did not serve, was the sponsor's 22 words, just really is foreign to me. I can 23 understand that if you want to buy back 24 service time for -- and we've done that on 25 several situations. But basically what this

Candyco Transcription Service, Inc. 1 is is providing the pension fund as a vehicle 2 for investment for an employee. 3 And the investment is a pretty good 4 investment, because you can't lose. You can't 5 lose because you can always get your 6 investment money back with interest. But on 7 the other hand, on the upside, you may end up, 8 as the Comptroller said, taking funds out of 9 the pension system above and beyond your 10 investment. Which means taking pension funds 11 out that would be available for other 12 pensioners and therefore, in a way, putting 13 some strain -- minimal though it may be, 14 depending upon the number of people that do 15 this -- on the pension fund. 16 And as we all know, when 17 investments go down in value, then there's a 18 big hit on local governments and school 19 districts to try to put more money in so that 20 the pension fund is flush. So it seems to me 21 that this is a bad deal for the pension fund 22 and therefore for those who are already in the 23 pension system. 24 And lastly, the person who might 25 want to make this investment could do

Candyco Transcription Service, Inc. 1 something else. They can invest like 2 everybody else does and take the risks like 3 everybody else does by trying alternative 4 investments. This is not what the pension 5 fund was meant for, and it should not be used 6 in this fashion. 7 For that reason, I'm going to vote 8 no. Thank you. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator DeFrancisco. 11 Are there any other Senators who 12 wish to be heard? 13 Senator Flanagan. 14 SENATOR FLANAGAN: Thank you, 15 Mr. President. On the bill. 16 I join in the remarks of Senator 17 DeFrancisco. And I think this is exactly the 18 kind of bill that we will get killed for if we 19 pass this bill and it gets chaptered into law. 20 I can't fathom going back to the people I 21 represent and saying now somebody can buy five 22 years' worth of credit that they don't have to 23 work a single day to do that. I can just see 24 the editorials now. It's like air time -- and 25 they're going to be calling us airheads for

Candyco Transcription Service, Inc. 1 doing something like this. 2 With all the scrutiny and all the 3 discussion and all the debate about pensions 4 and defined benefit and defined contribution 5 and some of the issues involving the largesse 6 of public pensions, this sends exactly the 7 wrong message at the wrong time. I don't see 8 how anybody can look at this and in good 9 conscience support it, particularly when so 10 many of our constituents are hurting in a lot 11 of different ways. 12 Many people would love to have the 13 pensions that we have available to us as 14 public-sector employees and wouldn't look for 15 anything else. Five years credit for not 16 having to work a single day is bad public 17 policy. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Flanagan. 20 Are there any other Senators who 21 wish to be heard? 22 Seeing none, the debate is closed. 23 The Secretary will ring the bells. 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the 90th day. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT VALESKY: 6 Senator Savino, to explain her vote. 7 SENATOR SAVINO: Thank you, 8 Mr. President. 9 I'm going to try one more time and 10 just say that this bill would allow people, at 11 great expense for themselves, to be able to 12 utilize the pension system as an investment 13 vehicle, with minimal cost to the employer. 14 Contrary to the comments of Senator 15 Flanagan about how somehow this will drive up 16 costs and cost the taxpayers thousands of 17 dollars -- which I find your comments rather 18 interesting, Senator Flanagan, since earlier 19 this year you submitted a bill to my committee 20 that was a 25/55 statewide with a $200 million 21 price tag, and we in the committee rightfully 22 rejected it. 23 This bill will not cost the 24 taxpayers anything other than a minimal cost. 25 It will be expensive for the employee. If

Candyco Transcription Service, Inc. 1 they want to utilize it, this will allow them 2 to do so as it has been done in other states. 3 Thank you, Mr. President. 4 ACTING PRESIDENT VALESKY: 5 Senator Savino to be recorded in the 6 affirmative. 7 Senator Hannon, to explain his 8 vote. 9 SENATOR HANNON: Notwithstanding 10 the traditional way of looking at costing 11 these things out, and I'm sure that's what the 12 actuary has relied on, the entire pension 13 system has a whole different pressure these 14 days, and that's why the counties are facing 15 increased bills in one year of something on 16 the order of $50 million. 17 The sponsor says that it's no cost 18 taxpayer. But it is, because the taxpayer has 19 sponsored this system over the years, will 20 continue to sponsor this system, has done the 21 base that allows people to say, well, it's 22 only a little bit more. 23 But that base is under attack. 24 Investments are going down. The Comptroller 25 is suing British Petroleum because that stock

Candyco Transcription Service, Inc. 1 alone has dropped 10 percent, 20 percent, 2 30 percent, causing billions of dollars of 3 loss to the pension system. 4 The traditional ways of accounting 5 do not go forward. And it's going to cost the 6 taxpayer, with a bill like this, to the 7 benefit of the individuals who buy in. And 8 that's why I'm voting against it. 9 ACTING PRESIDENT VALESKY: 10 Senator Hannon to be recorded in the negative. 11 Senator Flanagan, to explain his 12 vote. 13 SENATOR FLANAGAN: Thank you, 14 Mr. President. 15 In explaining my vote I listened 16 carefully to the comments from Senator Savino, 17 and I'll make a couple of distinctions. 18 Number one, the bill that I had introduced is 19 not before the house. 20 Number two, this bill is what I 21 would describe as the ultimate pension 22 sweetener. I don't see how anybody could go 23 back to your constituents, any corner, any 24 village, any town, any community in the state 25 and say that this is good public policy. This

Candyco Transcription Service, Inc. 1 is five years' credit for not working a single 2 day. It doesn't matter whether or not the 3 employee has to pay for this or not. Senator 4 DeFrancisco demonstrated that there could be a 5 cost to the system, which is a cost to the 6 taxpayer. 7 The reality is it's about 1700 8 days' worth of credit for not a single day's 9 work. That alone is reason enough to vote no. 10 ACTING PRESIDENT VALESKY: 11 Senator Flanagan to be recorded in the 12 negative. 13 Senator Saland, to explain his 14 vote. 15 SENATOR SALAND: Thank you, 16 Mr. President. 17 I listened to the exchanges between 18 Senator DeFrancisco and Senator Savino as well 19 as Senator Flanagan's comments, and I think it 20 might be a little soft or subdued to call this 21 a pension sweetener. I think it would be even 22 a little too subdued to call it an early 23 Christmas present. 24 I think it's more like someone's 25 taking a club and hammering a pinata and

Candyco Transcription Service, Inc. 1 slamming a bellyful of bucks just falling out 2 of the pension system to some people who did 3 not or will not spend one day of time on the 4 public payroll for benefits they would earn 5 and impose upon everybody else in the system 6 the responsibility of picking up those costs, 7 particularly if in fact they should have the 8 good fortune of beating the actuarial 9 anticipation of their lifespan. 10 So I think this is among a slew of 11 pension bills that we've seen in the past week 12 or two, perhaps one of the most defective, and 13 certainly warrants being defeated. 14 ACTING PRESIDENT VALESKY: 15 Senator Saland to be recorded in the negative. 16 Senator DeFrancisco, to explain his 17 vote. 18 SENATOR DeFRANCISCO: Very 19 simply, this is not really a pension bill. It 20 uses the pension system as an investment 21 vehicle for individuals for the five-year 22 period that didn't serve one day of service 23 for the State of New York. 24 And the problem with the investment 25 vehicle that's being offered if this bill

Candyco Transcription Service, Inc. 1 passes is that the investment vehicle has no 2 risk to the employee, because they could 3 always get their money back plus interest, but 4 it has a downside for the pension system if 5 the employee lives for a certain period of 6 time. That could be a drain on the pension 7 system. 8 Investments should be investments; 9 pensions should be earned. And if people want 10 to invest, this is not the investment vehicle, 11 the New York State pension, that should be 12 used as an investment. For those reasons, I 13 vote no. 14 Thank you. 15 ACTING PRESIDENT VALESKY: 16 Senator DeFrancisco to be recorded in the 17 negative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 1331 are 21 Senators Alesi, Bonacic, DeFrancisco, Farley, 22 Flanagan, Fuschillo, Golden, Griffo, Hannon, 23 O. Johnson, Lanza, Larkin, LaValle, Leibell, 24 Libous, Little, Marcellino, Maziarz, McDonald, 25 Nozzolio, Padavan, Ranzenhofer, Robach,

Candyco Transcription Service, Inc. 1 Saland, Seward, Skelos, Volker, Winner and 2 Young. 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT VALESKY: The 6 roll call is withdrawn, and the bill is laid 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 1342, substituted earlier today by Member of 10 the Assembly Rosenthal, Assembly Print Number 11 8285, an act to amend the Social Services Law 12 and the State Administrative Procedure Act. 13 ACTING PRESIDENT VALESKY: 14 Senator Hannon. 15 SENATOR HANNON: On the bill. 16 ACTING PRESIDENT VALESKY: 17 Senator Hannon, on the bill. 18 SENATOR HANNON: This is a bill 19 that -- very simple, 20 lines long -- to say 20 that certain nonprescription drugs could be 21 added to the list of drugs reimbursable under 22 Medicaid. 23 There are obviously circumstances 24 when that is of benefit to the individual and 25 benefit to the taxpayer, especially when some

Candyco Transcription Service, Inc. 1 type of drug has been taken off of being a 2 prescribed drug, it goes generic, and then it 3 goes proprietary over the counter. 4 The difficulty is there is a 5 provision in this new language that says it 6 can be done without prior notice and without 7 comment. And I think that is fundamentally 8 wrong. I think there should be a requirement 9 that it saves money or it is a better-quality 10 drug than is otherwise available or both. But 11 to do it without notice and without comment 12 does not serve the Medicaid system, does not 13 serve an individual, does not serve the 14 taxpayer well at all. 15 And I'm sure there must be some 16 reason. This has not been something that has 17 been hotly discussed. But just reading the 18 plain language, I have a problem with it. And 19 I'll be voting in the negative, Mr. President. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Hannon. 22 Are there any other Senators who 23 wish to be heard? 24 Seeing none, the debate is closed. 25 The Secretary will ring the bells.

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT VALESKY: 8 Senator Duane, to explain his vote. 9 SENATOR DUANE: Thank you, 10 Mr. President. 11 This legislation will save patients 12 time, make it easier for them to get 13 medication when they need it. It will help 14 people get more effective treatments faster 15 and cheaper. 16 And this legislation is going to 17 save the state money and also save the state 18 time. And if you believe time is money, which 19 I believe in work it is, it's going to save 20 money because it will take less time of people 21 to make these approvals. 22 Anyway, I just encourage everyone 23 to vote yes. It's a good bill. Thank you, 24 Mr. President. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Duane to be recorded in the 2 affirmative. 3 Would those Senators voting in the 4 negative on Calendar Number 1342 please raise 5 your hands once again. 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1342 are 9 Senators Alesi, Bonacic, DeFrancisco, Farley, 10 Flanagan, Fuschillo, Golden, Griffo, Hannon, 11 O. Johnson, Lanza, Larkin, LaValle, Leibell, 12 Libous, Little, Marcellino, Maziarz, McDonald, 13 Nozzolio, Padavan, Ranzenhofer, Robach, 14 Saland, Seward, Skelos, Volker, Winner and 15 Young. 16 Ayes, 32. Nays, 29. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1359, by Senator Hassell-Thompson, Senate 21 Print 8229, an act to amend the Executive Law. 22 ACTING PRESIDENT VALESKY: Are 23 there any Senators who wish to be heard? 24 Seeing none, the debate is closed. 25 The 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 VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT VALESKY: 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1359 are 11 Senators Alesi, Bonacic, DeFrancisco, Farley, 12 Flanagan, Fuschillo, Golden, Griffo, Hannon, 13 O. Johnson, Lanza, Larkin, LaValle, Leibell, 14 Libous, Little, Marcellino, Maziarz, McDonald, 15 Nozzolio, Padavan, Ranzenhofer, Robach, 16 Saland, Seward, Skelos, Volker, Winner and 17 Young. 18 Ayes, 32. Nays, 29. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1365, by Senator Klein, Senate Print 8347, an 23 act to amend the Education Law. 24 ACTING PRESIDENT VALESKY: Are 25 there any Senators who wish to be heard?

Candyco Transcription Service, Inc. 1 Seeing none, the debate is closed. 2 The Secretary will ring the bells and read the 3 last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1365 are 13 Senators Alesi, DeFrancisco, Duane, Farley, 14 Golden, Hannon, Hassell-Thompson, O. Johnson, 15 L. Krueger, McDonald, Nozzolio, Ranzenhofer 16 and Saland. 17 Ayes, 48. Nays, 13. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1369, substituted earlier today by the 22 Assembly Committee on Rules, Assembly Print 23 Number 11567, an act to amend the Multiple 24 Dwelling Law. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Padavan. 2 SENATOR PADAVAN: Once again, 3 Mr. President, let me repeat briefly my 4 earlier comments. 5 This bill is legislative blackmail. 6 They've tied together two totally unrelated 7 issues, Loft Law extensions and elimination of 8 any types of limits on the operation of video 9 lottery -- what I called video crack many 10 years ago, and that label still remains. 11 There was a limit of 13 hours -- bars, 12 taverns, bowling alleys, et cetera -- now it's 13 unlimited, no limitation, 24 hours a day, 14 seven days a week. 15 But I think the insult to this 16 Legislature, I think it's an insult to this 17 Legislature to say to you if you're for the 18 Loft Law -- and I happen to be one -- you have 19 to vote for this, which you're against. To me 20 that is not only disingenuous but I think 21 unethical. 22 And why we allow ourselves to be 23 put in this position when we could prevent 24 it -- let each of these issues stand on their 25 own. Let us make a judgment based on what the

Candyco Transcription Service, Inc. 1 facts are on two completely unrelated 2 subjects. 3 I vote no. 4 ACTING PRESIDENT VALESKY: Thank 5 you, Senator Padavan. 6 Are there any other Senators who 7 wish to be heard? 8 Seeing none, the debate is closed. 9 The Secretary will ring the bells. 10 SENATOR LaVALLE: Mr. President. 11 ACTING PRESIDENT VALESKY: 12 Senator LaValle. 13 SENATOR LaVALLE: I have a 14 question for the chairman of the Finance 15 Committee. 16 ACTING PRESIDENT VALESKY: 17 Senator Kruger, Senator LaValle is asking you 18 to yield to a question. 19 SENATOR CARL KRUGER: On this 20 bill? 21 SENATOR LaVALLE: Yes. 22 SENATOR CARL KRUGER: Yes, I 23 yield, yes. 24 ACTING PRESIDENT VALESKY: 25 Senator Kruger yields.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: 2 SENATOR LaVALLE: I just want to 3 make sure. It has STAR in the title on this 4 bill, and yet I don't find -- I have a 5 two-part question. 6 One, does this bill have anything 7 to do with the STAR program, number one. And 8 the second question is, is the money for STAR 9 in the revenue budget bill? 10 SENATOR CARL KRUGER: To answer 11 Senator LaValle's question, through you, 12 Mr. President, yes, the Quick Draw has the 13 STAR provision in it and it helps fund STAR. 14 I guess that's the answer. 15 ACTING PRESIDENT VALESKY: 16 Senator Saland. 17 SENATOR SALAND: Mr. President, I 18 can't hear Senator Kruger. If perhaps -- 19 SENATOR CARL KRUGER: Well, is 20 the mic on? 21 ACTING PRESIDENT VALESKY: 22 Senator Kruger. 23 SENATOR CARL KRUGER: Firstly, 24 for the purpose of clarity, this bill is no 25 different than the bill that was passed a year

Candyco Transcription Service, Inc. 1 before and the year before that and the year 2 before that and the year before that and the 3 year before that. So in principle, what we're 4 talking about, although it may be a 5 contentious issue this year, it's no difficult 6 different than the bills that have been passed 7 in this house since the very beginning of the 8 Loft Law. 9 So now in answer to your question, 10 Senator LaValle, the provisions of this bill 11 are no different than the provisions of the 12 bill as it was reflected through all the years 13 that you voted for it. 14 SENATOR LaVALLE: Or not voted 15 for it. 16 SENATOR CARL KRUGER: Or voted on 17 it, rather. 18 SENATOR LaVALLE: I look at the 19 bill, and the only -- 20 ACTING PRESIDENT VALESKY: 21 Senator LaValle, are you asking Senator Kruger 22 to continue to yield? 23 SENATOR LaVALLE: Yeah, 24 Mr. President. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Kruger, do you continue to yield? 2 SENATOR CARL KRUGER: Yes, 3 Mr. President. 4 ACTING PRESIDENT VALESKY: The 5 sponsor yields. 6 SENATOR LaVALLE: I'm looking at 7 the bill, and the only reference here to the 8 STAR is to possibly that we extend the date, 9 we take out July 2, 2010, when upon such date 10 they shall expire and be repealed. Is that -- 11 is that -- are you talking about -- 12 SENATOR CARL KRUGER: Through 13 you, Mr. President, no. Quick Draw expires, 14 not STAR. 15 SENATOR LaVALLE: Okay. Senator, 16 could you just guide me -- what are we talking 17 about -- Mr. President -- 18 ACTING PRESIDENT VALESKY: 19 Senator LaValle. 20 SENATOR CARL KRUGER: Yes, we're 21 trying to pull out the bill, Mr. President. 22 Your question, Senator? 23 SENATOR LaVALLE: If you could 24 direct me as to what are we doing with the 25 STAR program in this bill.

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: Through 2 you, Mr. President, we're not doing anything 3 with STAR through this bill, anything 4 different. 5 SENATOR LaVALLE: What do you 6 mean, anything different? Are we extending 7 it? 8 SENATOR CARL KRUGER: Maybe you 9 could be more explicit with your question. 10 SENATOR LaVALLE: All I want to 11 know is, are we extending the STAR program in 12 this bill? Or what are we doing to the STAR 13 program in this bill? 14 SENATOR CARL KRUGER: Okay. 15 Through you, Mr. President, the funding of the 16 STAR program, a portion of it comes through 17 the Quick Draw lottery, yes, through the video 18 lottery. And we're also changing the hours of 19 play. 20 SENATOR LaVALLE: So just let me, 21 Mr. President -- 22 ACTING PRESIDENT VALESKY: 23 Senator Kruger, do you continue to yield? 24 SENATOR KLEIN: Yes, I do. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Kruger yields. 2 SENATOR LaVALLE: So what you're 3 saying to me is that we're using Quick Draw 4 monies to finance a portion of the STAR 5 program. 6 SENATOR CARL KRUGER: Yes, as 7 today and has always been the case. 8 SENATOR LaVALLE: Okay, thank 9 you. Thank you, Senator Kruger. Thank you, 10 Mr. President. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator LaValle. 13 Are there any other Senators who 14 wish to be heard? 15 Senator Padavan. 16 SENATOR PADAVAN: Yeah, if the 17 Senator would yield. 18 ACTING PRESIDENT VALESKY: 19 Senator Kruger? 20 SENATOR CARL KRUGER: Yes, I do. 21 ACTING PRESIDENT VALESKY: 22 Senator Kruger yields. 23 SENATOR PADAVAN: I'm reading 24 over the bill. Page 4 talks about the STAR 25 program in terms of the effective date, and

Candyco Transcription Service, Inc. 1 then you go down further on page 4 and it 2 deals with the changing of the hours of video 3 lottery from the 13 hours, so on, to around 4 the clock, no limit. 5 I don't see any statement or any 6 reference or any direction in this bill that 7 says the funds hereon acquired through the 8 video lottery will be used to offset STAR 9 rebates. There's no reference here that I can 10 find anywhere. 11 SENATOR CARL KRUGER: Through 12 you, Mr. President, the language that you're 13 referring to would appear not in this bill. 14 SENATOR PADAVAN: Oh, it isn't in 15 this bill. 16 SENATOR CARL KRUGER: Excuse me? 17 Through you, Mr. President. 18 SENATOR PADAVAN: It's not in 19 this bill. 20 SENATOR CARL KRUGER: Through 21 you, Mr. President. If you would refer, 22 Senator, to Chapter 405 of the Laws of 1999, 23 it would explicitly lay that out. 24 SENATOR PADAVAN: Would the 25 Senator yield.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Kruger? 3 SENATOR CARL KRUGER: Yes, I 4 will, Mr. President. 5 SENATOR PADAVAN: I'm sure that 6 there is some other reference in the law 7 relevant to STAR. But this bill does not say, 8 by virtue of extending the hours from 13 to 9 24 hours a day, seven days a week, monies 10 shall now be provided to the STAR relief 11 program. There's no reference, there's no 12 tie-in, there's no correlation, none 13 whatsoever. 14 Now, if you tell me I'm wrong, I'd 15 be certainly appreciative of hearing where, 16 and tell me what line and what page in this 17 bill that is the case. 18 SENATOR CARL KRUGER: Through 19 you, Mr. President, maybe perhaps if the -- 20 we're having some collaboration between the 21 two Finance secretaries, and maybe we can come 22 up with an answer that satisfies you, Senator 23 Padavan. 24 Through you, Mr. President, if I'm 25 paraphrasing -- the title of the bill is not

Candyco Transcription Service, Inc. 1 reflective of the content of the bill. The 2 actual content of the bill and as it relates 3 to STAR goes back to the original -- to the 4 original chapter. This bill has nothing to do 5 with STAR per se. 6 SENATOR PADAVAN: Thank you, 7 Senator Kruger. 8 So the bill, I'll repeat it loudly, 9 has absolutely nothing to do with STAR one way 10 or the other. Thank you, Mr. President. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Padavan. 13 Are there any other Senators who 14 wish to be heard? 15 Seeing none, the debate is closed. 16 The Secretary will ring the bells. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT VALESKY: 24 Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 1369 are 2 Senators Alesi, Bonacic, DeFrancisco, Farley, 3 Flanagan, O. Johnson, Lanza, Larkin, LaValle, 4 Leibell, Little, Nozzolio, Padavan, 5 Ranzenhofer, Saland, Volker, Winner and Young. 6 Ayes, 43. Nays, 18. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1370, Senator Schneiderman 11 moves to discharge, from the Committee on 12 Rules, Assembly Bill Number 11568 and 13 substitute it for the identical Senate Bill 14 Number 8378, Third Reading Calendar 1370. 15 ACTING PRESIDENT VALESKY: 16 Substitution ordered. 17 THE SECRETARY: Calendar Number 18 1370, by the Assembly Committee on Rules, 19 Assembly Print Number 11568, an act to amend 20 the State Finance Law. 21 ACTING PRESIDENT VALESKY: 22 Senator Hannon. 23 SENATOR HANNON: On the bill, 24 Mr. President. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Hannon, on the bill. 2 SENATOR HANNON: This bill seems 3 to be one of the everlasting cascade bills for 4 giving new rights of action that are coming 5 from Senator Schneiderman this session. We've 6 seen a few last night in Rules; those haven't 7 hit the floor. But this one, which was only 8 introduced June 27, 2010, would try to expand 9 mightily the False Claims Act that we had 10 enacted in 2007. 11 And it's a very surprising presence 12 on the floor this because it's members of the 13 majority that have put in proposals that would 14 curtail the state's Medical Inspector General, 15 but this bill would give more powers than what 16 the OMIG has. And so I'm surprised. 17 I find that it talks about 18 elevating an innocent oversight to fraud. It 19 would reward the lawyers or bounty hunters for 20 actions brought even if the information is 21 gleaned from already published governmental 22 reports. It even adds a whole theory of 23 reverse false claims, and then adds insult to 24 injury by making it all retroactive to a 25 number of years ago.

Candyco Transcription Service, Inc. 1 Now, I am sure the learned Senator 2 who is sponsoring this is going to have a lot 3 of lawyerlike arguments to justify it, 4 including, well, there's a lot of precedent in 5 the new Federal Healthcare Reform Act. But I 6 just don't think it's appropriate at the end 7 of a session to put a bill like this through, 8 put a bill like this through when we've taken 9 hundreds of millions of dollars from the 10 healthcare system, we evaluate how it should 11 be brought -- and if the federal healthcare 12 law did have similar provisions, I would point 13 out it's a whole different statutory scheme 14 that we have doing oversight. And we should 15 not be rushing into it, we should be 16 evaluating this. 17 And I think you should withdraw -- 18 it may well have merit in the future. And 19 we're going to be back, and we can take a look 20 at it. But something that was introduced on 21 June 27th and three days later we're acting on 22 it, it's complicated, it's costly, and I think 23 it's the wrong direction. 24 Thank you, Mr. President. 25 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Hannon. 2 Senator Schneiderman, on the bill. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Mr. President. 5 I appreciate, as always, Senator 6 Hannon's learned commentary. And I do 7 strongly disagree. 8 This legislation is a revised 9 version of a bill that was introduced in 10 March. It is in keeping with some other bills 11 that we've been introducing here in the course 12 of the last few weeks and that we've debated. 13 This an anti-crime bill, Mr. 14 President. This is a tough-on-crime bill. 15 There is a crime wave in this state that is 16 going unaddressed. The crime wave is fraud 17 against the government. 18 We know that local governments are 19 victims of fraud, we know that state agencies 20 are victims of fraud. This bill, the Fraud 21 Enforcement and Recovery Act, builds on the 22 work of the False Claims Act which we passed 23 in 2007 -- Senator Hannon is quite correct -- 24 after years of opposition from the 25 then-majority.

Candyco Transcription Service, Inc. 1 And because we passed the False 2 Claims Act -- which is modeled on a bill 3 passed by President Abraham Lincoln, otherwise 4 revered on the other side of the aisle -- the 5 New York State Attorney General has been able 6 to recover $200 million that we would not have 7 otherwise recovered over the last three years. 8 A great success story. 9 But we don't rest with the status 10 quo if we want to protect the pocketbooks of 11 the taxpayers of the State of New York. So 12 the federal government has moved to expand its 13 own False Claims Act, President Obama, 14 visionary that he is, improving on the work of 15 Abraham Lincoln. In Washington they passed a 16 federal Fraud Enforcement and Recovery Act. 17 This bill tracks that bill in many respects. 18 What this bill does to improve on 19 our False Claims Act is to provide protection 20 to whistleblowers, which turns out to be a 21 problem, and has explicit provisions to make 22 sure that if you blow the whistle on a corrupt 23 government contractor, someone defrauding the 24 government, you can't be retaliated against. 25 It also has other provisions that

Candyco Transcription Service, Inc. 1 are going to make it possible for local 2 governments, who are left out of our False 3 Claims Act, to recover. Local governments 4 that are now being defrauded and cannot 5 recover triple damages against those 6 committing fraud will now be able, once we 7 pass this bill, to recover. 8 Mr. President, this is a tough on 9 crime, smart on crime bill. It's something 10 that will bring in revenue to the state. It 11 is estimated that it will bring in at least 12 $25 million a year after it gets up and 13 running in a year or two. Frankly, I was 14 hoping we could do it as a part of the budget, 15 because it does generate revenue. That didn't 16 work out. 17 But this is the kind of 18 tough-on-crime, smart-on-crime legislation 19 protecting the taxpayers of New York that we 20 should be working on. I am proud to be the 21 sponsor of the bill, and I look forward to 22 having bipartisan support for the efforts of 23 Presidents Lincoln and Obama to combat fraud. 24 And I also would like to note that 25 this does in fact move some of the

Candyco Transcription Service, Inc. 1 investigations and prosecutions in this area 2 away from the Office of the Medicaid Inspector 3 General. It does in fact upgrade and improve 4 the statutory framework through which the 5 Attorney General can operate, and it does 6 enable private attorneys to bring qui tam 7 actions, which is something that's already 8 allowed under the False Claims Act and 9 somewhat expanded here. 10 This is a good bill, Mr. President. 11 It is working at the federal level. And, as 12 with the False Claims Act, it is our 13 expectation that the federal government very 14 well may require states to enact something 15 like this or pay a penalty, which is what 16 happened under the False Claims Act as well. 17 So this is something that will 18 generate revenues for the state, generate 19 revenues for local government, and avoid a 20 penalty from the federal government when they 21 impose their traditional statutory framework. 22 I hope everyone will join me in 23 supporting this bill, Mr. President. 24 ACTING PRESIDENT VALESKY: Thank 25 you, Senator Schneiderman.

Candyco Transcription Service, Inc. 1 Senator Craig Johnson. 2 SENATOR CRAIG JOHNSON: Thank you 3 very much, Mr. President. 4 I rise in support of Senator 5 Schneiderman's very common-sense legislation 6 that will help New York State's government and 7 our local governments pursue the fraud that's 8 been going on with these various suits. 9 But I have to address just a remark 10 by my friend and colleague Senator Hannon when 11 it comes to the Office of Medicaid Inspector 12 General. I've had hearings, two of them, with 13 respect to that particular office. And 14 there's no doubt that we in New York State 15 need to tackle when it comes to Medicaid 16 fraud. But let's stop right there when we 17 talk about that somehow this side of the aisle 18 is trying to prevent the Office of Medicaid 19 Inspector General from doing his job. 20 What my hearings have shown is the 21 OMIG has been putting innocent providers out 22 of business, providers who are working night 23 and day to help those who need the safety net 24 of Medicaid. And what we're trying to do in 25 this state is provide them with basic due

Candyco Transcription Service, Inc. 1 process rights that we give common criminals. 2 Yet innocent providers -- healthcare 3 providers, nursing homes, home healthcare 4 agencies, hospitals -- don't have those same 5 rights. 6 So before we start to politicize 7 efforts being undertaken to protect the 8 innocent healthcare providers, let's stay 9 focused on what we need to do, which is punish 10 fraud and protect those innocent healthcare 11 providers who need to be protected. 12 Senator Schneiderman, I thank you. 13 I thank you for your dedication on this 14 particular piece of legislation. It's an 15 important piece of legislation saying give 16 power to the Office of Attorney General to 17 crack down on the fraud that that has been 18 undergoing not just on our government in 19 New York State but the local governments 20 throughout our great state. 21 I'll be voting yes, Mr. President. 22 Thank you very much. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator Johnson. 25 Are there any other Senators who

Candyco Transcription Service, Inc. 1 wish to be heard? 2 Senator Hannon. 3 SENATOR HANNON: Yes, just 4 briefly. 5 I appreciate the comments of 6 Senator Johnson, but the points I made are 7 brought to me by the hospitals of the state 8 and by the Home Care Association of the state. 9 And for all that you say there's 10 overreaching by an investigatory arm now, this 11 bill would give private attorneys the right to 12 bring the actions and the legislation elevates 13 an innocent oversight to fraud. 14 So the things you brought out in 15 your hearings are the things that this bill 16 gives the exact power to -- but not with 17 somebody in government, but to a private 18 attorney. 19 And if there is such a need to do 20 this further, then I would say we should take 21 a look at the powers of the Attorney General, 22 who still has the unit called the MFCU, still 23 look at the Office of Medicaid Inspector 24 General, look at what our local DAs and 25 sometimes controllers are doing in regard to

Candyco Transcription Service, Inc. 1 Medicaid fraud, and take a look at what needs 2 to be done. 3 But to do this in this context at 4 this time -- and as the sponsor notes, "one of 5 many bills I have out right now" -- I think is 6 an inappropriate time. Take them all 7 together, have hearings on this, have the bar 8 associations involved, have healthcare 9 providers involved, and come up with a 10 reasonable approach. I just don't think doing 11 this now is appropriate. 12 I may vote for it, too. And guess 13 what? We may vote for you. 14 (Laughter.) 15 ACTING PRESIDENT VALESKY: 16 Senator Johnson. 17 SENATOR CRAIG JOHNSON: Thank you 18 again. And I truly appreciate the dialogue 19 that my friend Senator Hannon has talked 20 about. 21 But I think what's important here 22 and what we're looking at here is what Senator 23 Schneiderman bill establishes and addresses 24 when it comes to the Attorney General or even 25 private attorneys or the qui tam suits is

Candyco Transcription Service, Inc. 1 establishes the court which has procedures -- 2 and, Senator Hannon, you and I both know that, 3 as attorneys -- has various procedures with a 4 judge to allow things to go through a process. 5 What my hearings have shown, and in 6 speaking to the very same hospitals that 7 you've spoken to and the home healthcare 8 providers and the nursing homes, when it comes 9 to OMIG, they don't have the due process 10 protections. They don't have them. In here, 11 they at least go to court. They can get the 12 protection from the judges. They can get 13 protections in this bill. 14 With OMIG -- and what I'm trying to 15 do is trying to put the very same due process 16 protections that are out there for common 17 criminals for litigants. That's being 18 prevented to them by OMIG. And that's what my 19 hearings have shown. I know you've seen the 20 hearings and you hear the testimony from 21 providers that were put out of business who 22 are innocent, who didn't have a chance to have 23 a day in court. Here, Senator Schneiderman, 24 they'll have that opportunity. 25 And so I think it's important. I

Candyco Transcription Service, Inc. 1 hope Senator Schneiderman does heed your 2 words. And obviously through process we can 3 maybe make things better. And I'll gladly 4 work with you on those hearings and continue 5 my hearings on OMIG, because I think they're 6 important. But I think for today we have the 7 ability to provide protections to our local 8 governments and to New York State. 9 Again, I'll be voting yes on the 10 bill. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Johnson. 13 The debate is closed. The 14 Secretary will ring the bells. 15 Read the last section. 16 THE SECRETARY: Section 13. This 17 act shall take effect 14 days after it shall 18 have become a law. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT VALESKY: 23 Results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 Senator Klein, that completes the 3 reading of the controversial calendar. 4 SENATOR KLEIN: Mr. President, at 5 this time can we please move to a reading of 6 the supplemental active list. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will proceed with the reading of the 9 supplemental active list. 10 THE SECRETARY: Calendar Number 11 1286, Senate Budget Bill, Senate Print 6601A, 12 an act making appropriations for the support 13 of government: LEGISLATURE AND JUDICIARY 14 BUDGET. 15 SENATOR DeFRANCISCO: 16 Explanation. 17 ACTING PRESIDENT VALESKY: 18 Senator DeFrancisco, do you wish to lay the 19 bill aside? We're on the noncontroversial 20 calendar. 21 SENATOR DeFRANCISCO: Yes, lay it 22 aside, please. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, at 2 this time can we please go to a reading of the 3 controversial supplemental active list. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will proceed with a reading of the 6 controversial supplemental active list. 7 THE SECRETARY: Calendar Number 8 1286, Senate Budget Bill, Senate Print 6601A, 9 an act making appropriations for the support 10 of government: LEGISLATURE AND JUDICIARY 11 BUDGET. 12 SENATOR DeFRANCISCO: 13 Explanation. 14 ACTING PRESIDENT VALESKY: 15 Senator Kruger, an explanation has been 16 requested by Senator DeFrancisco. 17 SENATOR CARL KRUGER: Thank you, 18 Mr. President. 19 This portion of the budget, the 20 legislative and judiciary portion of the 21 budget, provides for appropriations of the 22 legislative portion of $219 million odd as an 23 All Funds basis for the 2010-2011 budget. 24 That's a decrease of approximately 1 percent 25 or a $1.92 million reduction.

Candyco Transcription Service, Inc. 1 The judiciary appropriates 2 $2.656 billion in All Funds, and that is a 3 decrease of $53 million, or 1.96 percent of 4 the proposed 2011 budget. It is an increase 5 of $130 million or 5.1 percent over the 6 FY2009-2010 levels. 7 ACTING PRESIDENT VALESKY: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Would 10 Senator Kruger yield to a question or two. 11 ACTING PRESIDENT VALESKY: 12 Senator Kruger, do you yield? 13 SENATOR CARL KRUGER: Yes, I do. 14 SENATOR DeFRANCISCO: Senator 15 Kruger, on Monday when we did a different part 16 of the budget, the education part, I had asked 17 you what were the total amount of dollars that 18 were spent, according to your numbers on this 19 particular budget. 20 And it's my understanding that 21 yesterday, Tuesday the 29th, you provided a 22 one-page memo to Senator Libous giving that 23 number to be $135.7 million. Is that correct? 24 SENATOR CARL KRUGER: If I can 25 just pull out my memo for a moment.

Candyco Transcription Service, Inc. 1 Through you, Mr. President, the 2 All Funds appropriation is $135.7 billion, not 3 million. 4 SENATOR DeFRANCISCO: Oh, I'm 5 sorry, I get those mixed up. But -- 6 SENATOR CARL KRUGER: A few 7 dollars here or there doesn't matter among 8 friends. 9 SENATOR DeFRANCISCO: Would 10 Senator Kruger yield to another question. 11 SENATOR CARL KRUGER: Yes, I do, 12 Mr. President. 13 ACTING PRESIDENT VALESKY: 14 Senator Kruger yields. 15 SENATOR DeFRANCISCO: Senator 16 Kruger, can you tell me how many billions of 17 dollars the budget was increased this year 18 over last year? 19 SENATOR CARL KRUGER: On an 20 All Funds basis, from 133.77 to 135.721. 21 SENATOR DeFRANCISCO: So 22 approximately -- would Senator Kruger yield to 23 another question. 24 SENATOR CARL KRUGER: Yes, I do, 25 Mr. President.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: So 2 according to your numbers, the amount of 3 increase in the budget from last year to this 4 year is approximately $4 billion? 5 SENATOR CARL KRUGER: Through 6 you, Mr. President, approximately 7 $2.7 billion. 8 SENATOR DeFRANCISCO: Would you 9 please give me those numbers again, from what 10 to what? 11 SENATOR CARL KRUGER: 133.077 to 12 135.721. Which is a change of approximately 13 2 percent. 14 SENATOR DeFRANCISCO: Okay. And 15 would Senator C. Kruger yield to another 16 question. 17 SENATOR CARL KRUGER: Yes, I do, 18 Mr. President. 19 ACTING PRESIDENT VALESKY: 20 Senator Kruger continues to yield. 21 SENATOR DeFRANCISCO: Do you 22 know, Senator Kruger, whether the Governor has 23 got a different figure for last year's budget 24 as far as what was spent in last year's 25 budget?

Candyco Transcription Service, Inc. 1 SENATOR CARL KRUGER: If you can 2 indulge me for one moment, Mr. President. 3 Through you, Mr. President, I know 4 my numbers, I don't know the Governor's 5 numbers. But if he's using a different 6 number -- these are the numbers that we're 7 using. He may be using a number that includes 8 an adjustment from 2009-2010. But they're not 9 reflective of the adjustment of our rollover 10 numbers. 11 SENATOR DeFRANCISCO: All right. 12 Would Senator Kruger yield to another 13 question. 14 ACTING PRESIDENT VALESKY: 15 Senator Kruger? 16 SENATOR CARL KRUGER: Yes, I do, 17 Mr. President. 18 SENATOR DeFRANCISCO: Now, you 19 had referred to the memo that you gave Senator 20 Libous yesterday. And it's a one-page memo; 21 correct? 22 SENATOR CARL KRUGER: Yes. 23 SENATOR DeFRANCISCO: Okay. Now, 24 Senator Kruger, the 2007 Budget Reform Act 25 required an analysis to be provided on

Candyco Transcription Service, Inc. 1 everyone's desk prior to a vote on any budget 2 bill which compared last year's budget and 3 the -- excuse me, the Governor's budget and 4 the changes made in the legislative budget. 5 Did you intend this one-page sheet 6 of paper to be that response to that request? 7 SENATOR CARL KRUGER: Through 8 you, Mr. President, no. 9 SENATOR DeFRANCISCO: Will 10 Senator Kruger yield to another question. 11 ACTING PRESIDENT VALESKY: 12 Senator Kruger? 13 SENATOR CARL KRUGER: Yes, I do. 14 ACTING PRESIDENT VALESKY: He 15 continues to yield. 16 SENATOR DeFRANCISCO: After this 17 budget bill, my understanding is there may be 18 one more budget bill, so we will have passed 19 the entire budget. Are you intending to 20 provide that document -- the comparison of the 21 Governor's budget to the legislative budget 22 that's being passed -- at any time, whether 23 before or after the total budget is passed? 24 SENATOR CARL KRUGER: Through 25 you, Mr. President. I assume, Senator, that

Candyco Transcription Service, Inc. 1 you're referring to the revenue bill? 2 SENATOR DeFRANCISCO: Let me 3 rephrase the question, if I could, Senator 4 Kruger. 5 SENATOR CARL KRUGER: Please. 6 SENATOR DeFRANCISCO: Other than 7 this bill, we have a revenue bill left. And 8 then we will have passed the entire budget. 9 The 2007 Budget Reform Act requires a 10 comparison of the Governor's budget to the 11 budget that the Legislature is about to pass 12 before the budget bill passes, as to the 13 increases, the decreases and the like. 14 You said you didn't intend this 15 one-page sheet to be that comparison. Can you 16 tell me when we might expect to receive that? 17 SENATOR CARL KRUGER: Through 18 you, Mr. President. As I indicated, yes, this 19 was not the report that you're referring to. 20 And once the revenue bill is passed upon, then 21 that report will become available. 22 SENATOR DeFRANCISCO: Okay. 23 Thank you. 24 On the bill. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, on the bill. 2 SENATOR DeFRANCISCO: Once again, 3 I don't want to be too picky by referring to a 4 law that we're required to follow. But it 5 became unanimous moments ago that every part 6 of that budget reform bill that was touted by 7 everyone in 2007 -- and followed, by the way, 8 in 2008, and ignored last year and this 9 year -- that it required within 10 days after 10 the Governor's budget for there to be budget 11 committees could be appointed, for public 12 budget negotiations to take place among all 13 the membership. That was ignored. 14 It required that there be an 15 analysis placed on the legislators' desks of 16 the differences, the increases and the 17 decreases from the Governor's budget to this 18 budget that's being passed by the Legislature 19 before a vote on the budget bills. 20 Now we still don't have that, 21 obviously. And we've been promised it after 22 we get done with the revenue bill, which once 23 again is consistent with ignoring a law that 24 the Legislature is supposed to follow, like 25 the citizens are supposed to follow the

Candyco Transcription Service, Inc. 1 various laws that we make that they're 2 responsible for. And by the way, if they 3 violate a law, there's consequences. 4 Apparently there's none here. 5 So with that said, I just want to 6 also say with respect to the increase from 7 last year, we have done an analysis of the 8 increase of the budget from last year to this 9 year, and our analysis is $5 billion. Now, 10 we'll wait to see what the Governor and the 11 Comptroller say. But in a time of fiscal 12 concern in this State of New York, where we 13 supposedly have a $9.2 billion deficit, we're 14 increasing spending by anywhere from 15 $2.7 billion to $5 billion, depending upon 16 whose numbers you take. 17 So this is a bad budget bill. The 18 whole budget is bad. And it's an 19 irresponsible budget. I'm going to vote no. 20 Thank you, Mr. President. 21 ACTING PRESIDENT VALESKY: Thank 22 you, Senator DeFrancisco. 23 Are there any other Senators who 24 wish to be heard? 25 Seeing none, the debate is closed.

Candyco Transcription Service, Inc. 1 The Secretary will ring the bells. 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT VALESKY: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1286 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 VALESKY: The 21 bill is passed. 22 Senator Klein, that completes the 23 reading of the controversial supplemental 24 active list. 25 SENATOR KLEIN: Mr. President,

Candyco Transcription Service, Inc. 1 can we briefly return to motions and 2 resolutions. 3 ACTING PRESIDENT VALESKY: 4 Returning to motions and resolutions. 5 Senator Klein. 6 SENATOR KLEIN: On behalf of 7 Senator Oppenheimer, I move that the following 8 bill be discharged from its respective 9 committee and be recommitted with instructions 10 to strike the enacting clause: Senate Print 11 8307. 12 ACTING PRESIDENT VALESKY: So 13 ordered. 14 SENATOR KLEIN: Mr. President, at 15 this time can we please stand at ease. 16 The Republican Conference is going 17 to conference now, and I expect we can return 18 at 4:30. 19 ACTING PRESIDENT VALESKY: 20 Immediate Republican conference. 21 The Senate will stand at ease until 22 approximately 4:30. 23 (Whereupon, the Senate stood at 24 ease at 3:29 p.m.) 25 (Whereupon, the Senate reconvened

Candyco Transcription Service, Inc. 1 at 5:56 p.m.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, 5 there will be an immediate meeting of the 6 Rules Committee in the Majority Conference 7 Room. 8 Pending the return of the Rules 9 Committee, may we please stand at ease. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 There will be an immediate meeting of the 12 Rules Committee in Room 332. 13 Pending the return of the Rules 14 Committee, the Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 5:57 p.m.) 17 (Whereupon, the Senate reconvened 18 at 6:46 p.m.) 19 ACTING PRESIDENT VALESKY: The 20 Senate will come to order. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 can we please go to a reading of Senate 24 Supplemental Calendar Number 74A. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, 3 first I believe there is a report of the Rules 4 Committee at the desk. At this time can we 5 adopt the report of the Rules Committee. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, there is a report of the Rules 8 Committee at the desk. 9 The Secretary will read. 10 THE SECRETARY: Senator Smith, 11 from the Committee on Rules, reports the 12 following bills: 13 Senate Print 2057, by Senator 14 Dilan, an act to amend the Vehicle and Traffic 15 Law; 16 3191B, by Senator Stavisky, an act 17 to amend the Public Health Law; 18 3705, by Senator Huntley, an act to 19 amend the Administrative Code of the City of 20 New York; 21 4075A, by Senator Winner, an act to 22 amend the Education Law; 23 4528A, by Senator L. Krueger, an 24 act to amend the Administrative Code of the 25 City of New York;

Candyco Transcription Service, Inc. 1 5410, by Senator Klein, an act to 2 amend the Religious Corporations Law; 3 6298A, by Senator Savino, an act to 4 authorize; 5 6477, by Senator Stewart-Cousins, 6 an act to amend the General Municipal Law; 7 6793B, by Senator Valesky, an act 8 to amend the Environmental Conservation Law; 9 6930A, by Senator C. Johnson, an 10 act to amend the General Business Law; 11 6998A, by Senator Addabbo, an act 12 to amend the Labor Law; 13 7179, by Senator Winner, an act to 14 amend the General Municipal Law; 15 7363, by Senator Squadron, an act 16 to amend the Energy Law; 17 7455A, by Senator Savino, an act to 18 amend the Workers' Compensation Law; 19 7680, by Senator Diaz, an act to 20 amend the Penal Law; 21 7765, by Senator Hassell-Thompson, 22 an act to authorize; 23 7966A, by Senator Thompson, an act 24 to amend the Environmental Conservation Law; 25 8020, by Senator Perkins, an act to

Candyco Transcription Service, Inc. 1 amend the Environmental Conservation Law; 2 8100A, by Senator Klein, an act to 3 amend the Real Property Actions and 4 Proceedings Law; 5 8134A, by Senator Winner, an act to 6 authorize; 7 8172, by Senator Huntley, an act to 8 amend the New York City Charter; 9 8174, by Senator Klein, an act to 10 amend the Real Property Actions and 11 Proceedings Law; 12 8271, by Senator Klein, an act to 13 amend the Social Services Law; 14 8309A, by Senator Winner, an act 15 relating to permitting; 16 8348, by Senator Oppenheimer, an 17 act to amend the Public Authorities Law; 18 8350, by Senator Dilan, an act to 19 amend the Public Housing Law; 20 8358A, by Senator Breslin, an act 21 to amend the Insurance Law; 22 8361, by Senator Peralta, an act to 23 amend the New York City Charter; 24 8375, by Senator Thompson, an act 25 to amend the Environmental Conservation Law;

Candyco Transcription Service, Inc. 1 8388, by Senator Parker, an act to 2 amend the Public Service Law; 3 And Senate Print 8389, by Senator 4 Parker, an act to amend the Public Service 5 Law. 6 All bills ordered direct to third 7 reading. 8 ACTING PRESIDENT VALESKY: All 9 those in favor of adopting the report of the 10 Rules Committee signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT VALESKY: 13 Opposed, nay. 14 (Response of "Nay.") 15 ACTING PRESIDENT VALESKY: The 16 report of the Rules Committee is adopted. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, at 19 this time can we please go to a reading of 20 Senate Supplemental Calendar 74A. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will proceed with the reading of 23 Senate Supplemental Calendar 74A. 24 THE SECRETARY: Calendar Number 25 1329, by Senator Dilan, Senate Print 2057, an

Candyco Transcription Service, Inc. 1 act to amend the Vehicle -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside for the day. 6 THE SECRETARY: In relation to 7 Calendar Number 1355, Senator Stavisky moves 8 to -- 9 SENATOR KLEIN: Lay the bill 10 aside temporarily, please. 11 ACTING PRESIDENT VALESKY: If we 12 could finish the substitution first. 13 THE SECRETARY: Senator Stavisky 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 6714B and 16 substitute it for the identical Senate Bill 17 Number 3191B, Third Reading Calendar 1355. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 The bill is laid aside temporarily. 21 THE SECRETARY: Calendar Number 22 1377, by Senator Huntley, Senate Print 3705, 23 an act to amend the Administrative Code of the 24 City of New York. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT VALESKY: 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1377 are 11 Senators Bonacic, DeFrancisco, Golden, Griffo, 12 O. Johnson, L. Krueger, Little, Nozzolio, 13 Ranzenhofer, Seward, Skelos, Volker and Young. 14 Ayes, 48. Nays, 13. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1378, Senator Winner moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 8079A and substitute it 21 for the identical Senate Bill Number 4075A, 22 Third Reading Calendar 1378. 23 ACTING PRESIDENT VALESKY: 24 Substitution ordered. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1378, by Member of the Assembly Parment, 2 Assembly Print Number 8079A, an act to amend 3 the Education Law and others. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1379, by Senator L. Krueger, Senate Print 16 4528A, an act to amend the Administrative Code 17 of the City of New York. 18 ACTING PRESIDENT VALESKY: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1379 are 6 Senators Nozzolio, Ranzenhofer, Skelos and 7 Young. 8 Ayes, 57. Nays, 4. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1380, by Senator Klein, Senate Print 5410, an 13 act to amend the Religious Corporations Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 30th day. 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT VALESKY: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1381, by Senator Savino, Senate Print 6298A, 23 an act to authorize the City of New York. 24 ACTING PRESIDENT VALESKY: The 25 bill is high and will be laid aside for the

Candyco Transcription Service, Inc. 1 day. 2 THE SECRETARY: Calendar Number 3 1382, by Senator Stewart-Cousins, Senate Print 4 6477, an act to amend the General Municipal 5 Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1383, Senator Valesky moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 924E and substitute it 20 for the identical Senate Bill Number 6793B, 21 Third Reading Calendar 1383. 22 ACTING PRESIDENT VALESKY: 23 Substitution ordered. 24 THE SECRETARY: Calendar Number 25 1383, by Member of the Assembly DelMonte,

Candyco Transcription Service, Inc. 1 Assembly Print Number 924E, an act to amend 2 the Environmental Conservation Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section -- 6 SENATOR LIBOUS: Lay the bill 7 aside, please. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 1384, by Senator C. Johnson, Senate Print 12 6930A, an act to amend the General Business 13 Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. Nays, 22 1. Senator Hannon recorded in the negative. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1385, by Senator Addabbo, Senate Print 6998A, 2 an act to amend the Labor Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 SENATOR DeFRANCISCO: Lay the 11 bill aside. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 1386, by Senator Winner, Senate Print 7179, an 16 act to amend the General Municipal Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1387, by Senator Squadron, Senate Print -- 4 SENATOR LIBOUS: Lay it aside. 5 ACTING PRESIDENT VALESKY: The 6 bill is laid aside. 7 THE SECRETARY: Calendar Number 8 1388, by Senator Savino, Senate Print 7455A, 9 an act to amend the Workers' Compensation Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1389, by Senator Diaz, Senate Print 7680, an 22 act to amend the Penal Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1390, by Senator Hassell-Thompson, Senate 11 Print 7765, an act to authorize the City of 12 Mount Vernon. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. Nays, 22 1. Senator Ranzenhofer recorded in the 23 negative. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1391, by Senator Thompson, Senate Print -- 3 SENATOR LIBOUS: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 THE SECRETARY: In relation to 7 Calendar Number 1392, Senator Perkins moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 8687B and substitute it 10 for the identical Senate Bill Number 8020, 11 Third Reading Calendar 1392. 12 ACTING PRESIDENT VALESKY: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 1392, by Member of the Assembly Rosenthal, 16 Assembly Print Number 8687B, an act to amend 17 the Environmental Conservation Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Libous, to explain his vote. 2 SENATOR LIBOUS: Mr. President, 3 I'm just reading some notes about this bill, 4 and I just wanted to inform everybody that the 5 Greater New York Automobile Dealers 6 Association is against this, and the Upstate 7 Automobile Dealers Association is against it. 8 I just thought for common 9 information, if anybody would care to know. I 10 vote no. 11 ACTING PRESIDENT VALESKY: 12 Senator Libous to be recorded in the negative. 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1392 are 16 Senators Alesi, Bonacic, DeFrancisco, Farley, 17 Flanagan, Golden, Griffo, O. Johnson, Lanza, 18 Larkin, Leibell, Libous, Little, Maziarz, 19 McDonald, Nozzolio, Padavan, Ranzenhofer, 20 Robach, Saland, Seward, Skelos, Valesky, 21 Volker, Winner and Young. 22 Ayes, 35. Nays, 26. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1393, by Senator Klein -- 2 SENATOR LIBOUS: Lay it aside. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside. 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1394, by Senator Winner, Senate Print 8134A, 11 an act to authorize the County of Schuyler. 12 ACTING PRESIDENT VALESKY: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1395, by Senator Huntley, Senate Print 8172, 25 an act to amend the New York City Charter.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1396, by Senator Klein -- 14 SENATOR LIBOUS: Lay it aside. 15 SENATOR KLEIN: Lay the bill 16 aside for the day, please. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 1397, by Senator Klein -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1398, Senator Winner moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 11505A and substitute it 4 for the identical Senate Bill Number 8309A, 5 Third Reading Calendar 1398. 6 ACTING PRESIDENT VALESKY: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1398, by the Assembly Committee on Rules, 10 Assembly Print Number 11505A, an act relating 11 to permitting a permanent resident. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1399, by Senator Oppenheimer, Senate Print 24 8348, an act to amend the Public Authorities 25 Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1400, by Senator Dilan, Senate Print 8350, an 13 act to amend the Public Housing Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the same date and in 18 the same manner as a chapter of the Laws of 19 2010. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1400 are 25 Senators Flanagan, Golden, Lanza, Ranzenhofer,

Candyco Transcription Service, Inc. 1 and Young. 2 Ayes, 56. Nays, 5. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 1400: Recorded in the 7 negative, Senator Nozzolio. 8 Ayes, 55. Nays, 6. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1401, Senator Breslin moves to 13 discharge, from the Committee on Rules, 14 Assembly Bill Number 11555 and substitute it 15 for the identical Senate Bill Number 8358A, 16 Third Reading Calendar 1401. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 THE SECRETARY: Calendar Number 20 1401, by the Assembly Committee on Rules, 21 Assembly Print Number 11555, an act to amend 22 the Insurance Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect on the same date and in 2 the same manner as a chapter of the Laws of 3 2010. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1402, by Senator Peralta, Senate Print 8361, 12 an act to amend the New York City Charter. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1403, by Senator Thompson, Senate Print 8375,

Candyco Transcription Service, Inc. 1 an act to amend the Environmental Conservation 2 Law. 3 SENATOR YOUNG: Lay it aside. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside. 6 SENATOR YOUNG: Oh, I'm sorry. 7 SENATOR LIBOUS: No, lay it 8 aside. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1404, by Senator Parker, Senate Print 8388, an 13 act to amend the Public Service Law. 14 ACTING PRESIDENT VALESKY: The 15 bill is high and will be laid aside for the 16 day. 17 THE SECRETARY: Calendar Number 18 1405, by Senator Parker, Senate Print 8389, an 19 act to amend the Public Service Law and the 20 State Finance Law. 21 ACTING PRESIDENT VALESKY: That 22 bill is high and will be laid aside for the 23 day. 24 Senator Klein, that completes the 25 noncontroversial reading of Supplemental

Candyco Transcription Service, Inc. 1 Calendar 74A. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time can we please move to a reading of 5 the controversial supplemental calendar. 6 ACTING PRESIDENT VALESKY: The 7 Secretary will proceed with the reading of the 8 controversial supplemental calendar. 9 THE SECRETARY: Calendar Number 10 1355, substituted earlier today by Member of 11 the Assembly Mayersohn, Assembly Print Number 12 6714B, an act to amend the Public Health Law. 13 SENATOR KLEIN: Lay the bill 14 aside for the day, please. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is laid aside for the day. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 1380, by Senator Klein, Senate Print 5410, an 21 act to amend the Religious Corporations Law. 22 SENATOR YOUNG: Explanation. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein, an explanation has been 25 requested by Senator Young.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 this legislation would expand the current 3 anticombination law to prevent religious 4 corporations owning, managing or controlling a 5 cemetery and selling monuments. 6 The reason why or the need for this 7 legislation is because back in 1998 there was 8 a problem of for-profits selling monuments and 9 other religious materials on cemeteries. At 10 the time -- and I have the memo in front of 11 me -- the New York State Catholic Conference 12 supported this concept and at the time said 13 that they had no interest in selling any 14 monuments on cemeteries. 15 Cemeteries are presently, as you 16 know, not-for-profits and are prohibited from 17 selling any monuments or any type of funeral 18 services. So this legislation would merely 19 expand what we passed in 1998. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Seeing no Senators wishing to be heard on the 22 bill, hearing none, the debate is closed. The 23 Secretary will please ring the bells. 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 Can we have some order in the chamber, please. 7 Thank you. 8 Senator Young, to explain her vote. 9 SENATOR YOUNG: Thank you, 10 Mr. President, to explain my vote. 11 This bill is actually an unfunded 12 mandate because there's an average of two 13 not-for-profit cemeteries that are abandoned 14 or fail every single month in this state. And 15 when that happens, when they become insolvent, 16 the cemetery actually becomes the 17 responsibility of the local government. 18 Forty-six other states allow 19 cemeteries to be self-sufficient by selling 20 monuments and so on. 21 I think this is a very bad bill. 22 We have a serious problem with cemeteries in 23 this state, and this makes a very serious 24 problem even worse. I vote no. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Young to be recorded in the negative. 2 Senator Klein, to explain his vote. 3 SENATOR KLEIN: Mr. President, 4 again, this is something that is essential to 5 make sure there still is a monument industry 6 in New York and there's a separation to ensure 7 that cemeteries remain not-for-profits. 8 The reason why we passed the 9 original combination bill, anticombination law 10 in 1998 was to make sure that privates as well 11 as the Catholic Church or synagogues didn't 12 engage in the practice of selling monuments. 13 At the time, all of the religious 14 organizations supported this legislation. And 15 unfortunately now, years later, some within 16 the archdiocese are taking part in this 17 practice. 18 It runs counter to the law that we 19 passed back in 1998, and it's I think an 20 unfair advantage to the monument dealers and 21 the monument businesses who are throughout the 22 State of New York who certainly would not be 23 able to compete if someone is selling 24 monuments and maybe in the future maybe other 25 types of religious articles within the

Candyco Transcription Service, Inc. 1 cemetery. 2 So of course I vote yes. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein to be recorded in the 5 affirmative. 6 Senator Farley, to explain his 7 vote. 8 SENATOR FARLEY: I'm voting no 9 because particularly in the upstate areas, the 10 Catholic and Jewish cemeteries are desperately 11 in -- things have changed. They are in very 12 serious financial difficulty. And this allows 13 them to survive. 14 I'm sorry, I think it's very 15 important for the benefit of the cemeteries 16 that are particularly in my district and 17 around the state. And I vote no. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Farley to be recorded in the negative. 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1380 are 23 Senators Alesi, Bonacic, DeFrancisco, Diaz, 24 Farley, Flanagan, Fuschillo, Golden, Griffo, 25 Hannon, Lanza, LaValle, Leibell, Libous,

Candyco Transcription Service, Inc. 1 Little, Marcellino, Maziarz, McDonald, 2 Nozzolio, Padavan, Ranzenhofer, Robach, 3 Seward, Skelos, Volker, Winner and Young. 4 Also Senator Saland. 5 Ayes, 33. Nays, 28. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 The Secretary will now put before 9 the house Calendar Number 1383. 10 THE SECRETARY: Calendar 11 Number -- 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Oh, hold on. 14 Senator Klein. 15 SENATOR KLEIN: Sorry, 16 Mr. President. At this time I'd like to 17 withdraw the lay-aside on Calendar Number 1355 18 and restore it to the controversial 19 supplemental calendar. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 We will now withdraw the lay aside for the day 22 on Calendar Number 1355. We will now put 23 Calendar Number 1355 on the controversial 24 calendar before the house. 25 The Secretary will read Calendar

Candyco Transcription Service, Inc. 1 Number 1355. 2 THE SECRETARY: Calendar Number 3 1355, substituted earlier today by Member of 4 the Assembly Mayersohn, Assembly Print Number 5 6714B, an act to amend the Public Health Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Are there any Senators wishing to be heard on 8 the bill? 9 Hearing none, the debate is closed. 10 The Secretary will please ring the bells. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 can we lay this bill temporarily aside. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside temporarily. 16 The Secretary will now put before 17 the house Calendar Number 1383. 18 THE SECRETARY: Calendar Number 19 1383, substituted earlier today by Member of 20 the Assembly DelMonte, Assembly Print Number 21 924E, an act to amend the Environmental 22 Conservation Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Are there any Senators wishing to be heard on 25 the bill?

Candyco Transcription Service, Inc. 1 Senator Bonacic. 2 SENATOR BONACIC: Thank you, 3 Mr. President. Will Senator Valesky just 4 yield to a couple of quick questions. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Valesky, will you yield to Senator 7 Bonacic? 8 SENATOR VALESKY: Yes. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Bonacic, Senator Valesky will yield. 11 SENATOR BONACIC: Thank you, 12 Senator. 13 You know, this popped up quickly on 14 some of us and we didn't get a chance to 15 really discuss it. So I'd like you to 16 enlighten me a little bit. I know there's 17 some indecision or some conflict of interest 18 within the sportsmen of whether this -- 19 there's differences of opinion whether this is 20 good or not. 21 SENATOR VALESKY: Sure. 22 SENATOR BONACIC: Okay. So my 23 first question is, do we know how many people 24 would be able to take advantage of this 25 legislation, those that might be physically

Candyco Transcription Service, Inc. 1 handicapped? Does the DEC have any statistics 2 that will tell us who would benefit from this 3 legislation? 4 SENATOR VALESKY: Well, in 5 answering that question, let me explain the 6 bill, because that may clarify it. 7 This bill actually would allow any 8 licensed big game hunter in the state to be 9 able to hunt with a crossbow subject to the 10 same requirements -- same licensure 11 requirements, same safety requirements -- that 12 any big game hunter who hunts with firearms 13 can use in any firearm hunting season. 14 The issue that you referred to in 15 regard to some controversy between sportsmen 16 organizations -- and by the way, the New York 17 State Conservation Council, the umbrella 18 organization representing fish and game clubs, 19 supports the bill. 20 The New York bow hunters, who had 21 been opposed to previous versions of the 22 legislation, we believe we have resolved their 23 concerns by removing the use of crossbows from 24 the special archery season, the longbow 25 hunting-only season. So this is use of

Candyco Transcription Service, Inc. 1 crossbows during the firearm season. 2 SENATOR BONACIC: That clears it 3 up. Thank you, Senator Valesky. 4 SENATOR VALESKY: Thank you. 5 SENATOR BONACIC: Thank you, 6 Mr. President. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Are there any other Senators wishing to be 9 heard? 10 Senator Larkin. 11 SENATOR LARKIN: Thank you, 12 Mr. President. Will Senator Valesky yield for 13 one question. 14 SENATOR VALESKY: Certainly. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Larkin, Senator Valesky will yield. 17 SENATOR LARKIN: I too, like 18 Senator Bonacic, this jumped out. 19 Long before you came here -- no 20 disrespect -- we had a major problem with 21 crossbows with those individuals that were in 22 wheelchairs. Have you added or subtracted 23 anything from that? 24 SENATOR VALESKY: We have 25 expanded -- you're correct, Senator Larkin,

Candyco Transcription Service, Inc. 1 there has been crossbow hunting, relatively 2 limited crossbow hunting in this state for 3 those who are severely disabled for a number 4 of years. 5 This bill expands the definition of 6 "disabled hunter" for purposes of use of a 7 crossbow during the longbow season and then 8 allows, again, any duly licensed big game 9 hunter to use a crossbow during any 10 firearm-only season. 11 I would add, Senator Larkin, that 12 the Department of Environmental Conservation, 13 which as you know regulates hunting in this 14 state, is fully supportive of this measure. 15 SENATOR LARKIN: Thank you very 16 much. Thank you, Mr. President. 17 SENATOR VALESKY: Thank you. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Padavan. 20 SENATOR PADAVAN: Will the 21 Senator yield. 22 SENATOR VALESKY: Yes, of course. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Valesky will yield for Senator 25 Padavan.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: I'd like to be 2 clear on this one issue, because to me it's 3 critical. Crossbows will only be permitted 4 during the season that allows for rifles and I 5 presume shotgun season -- 6 SENATOR VALESKY: That's correct. 7 SENATOR PADAVAN: -- in those 8 counties where shotgun is in limited use. 9 SENATOR VALESKY: Correct. 10 SENATOR PADAVAN: And although it 11 varies, the season varies, the requirements 12 vary from county to county, but that would 13 remain fixed, am I correct? 14 SENATOR VALESKY: Yes. Yes. 15 SENATOR PADAVAN: So therefore 16 during the bow season there will not be a 17 crossbow person in the woods allowed at the 18 same time; is that correct? 19 SENATOR VALESKY: Except for 20 unless they are severely disabled -- 21 SENATOR PADAVAN: Yes, I 22 understand that. 23 SENATOR VALESKY: -- as allowed 24 in current law. 25 This bill makes no changes to the

Candyco Transcription Service, Inc. 1 use of crossbows during the longbow-bow-only 2 season. 3 SENATOR PADAVAN: That's a very 4 limited -- 5 SENATOR VALESKY: Extremely 6 limited, yes. 7 SENATOR PADAVAN: Thank you. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Any other Senators wishing to be heard? 10 Hearing none, the debate is closed. 11 The Secretary will please ring the bells. 12 Read the last section. 13 THE SECRETARY: Section 17. This 14 act shall take effect October 1, 2010. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Schneiderman, to explain his vote. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. 22 I want to commend Senator Valesky 23 on this, and all my colleagues. This is a 24 good pro-sportsmen bill. It's the kind of 25 sensible legislation even Senator Maziarz and

Candyco Transcription Service, Inc. 1 I can agree on. I'm proud to vote in the 2 affirmative for this bill. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Schneiderman to be recorded in the 5 affirmative. 6 Senator Thompson, to explain his 7 vote. 8 SENATOR THOMPSON: Yes, 9 Mr. President. I am glad to support this 10 bill. We've received at least 500 to 600 11 letters from all across the state this year. 12 And I also want to congratulate 13 Senator Valesky for working through some of 14 the details on the bill. We did have a little 15 challenge with the bill in committee, but he 16 worked through those details. 17 And I'm looking forward to this 18 bill passing today because, again, we've 19 received a lot of letters from big towns and 20 small cities and big cities and small towns 21 across the state. So I think this is a good 22 bill. Congratulations. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Thank you, Senator Thompson. You will be 25 recorded in the affirmative.

Candyco Transcription Service, Inc. 1 I am going to ask, before I call on 2 Senator DeFrancisco to explain his vote, to 3 remind Senators to please stay in the 4 chambers. We can move the controversial 5 calendar along a lot faster if everybody is 6 around so we can take the votes. 7 Senator DeFrancisco, to explain his 8 vote. 9 SENATOR DeFRANCISCO: Yes, I 10 think this is a good bill. 11 And I had just suggested to Senator 12 Valesky that it really -- hopefully we could 13 do a chapter amendment and name this after Bob 14 Ripberger, from our district, from Onondaga 15 County, who just passed away in his nineties, 16 I think, or close to 90. He lobbied for this 17 bill for as long as I've been in the Senate. 18 I mean, he's been pushing for people, either 19 disabled or elderly individuals who love the 20 sport but just couldn't physically do it. 21 So hopefully that's possible in the 22 near future to make that happen in memory of 23 this fine gentleman who was a great sportsman 24 his entire life and an advocate for sportsmen. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Thank you, Senator DeFrancisco. You will be 3 recorded in the affirmative. 4 Senator Volker, to explain his 5 vote. 6 SENATOR VOLKER: Thank you, 7 Mr. President. 8 I carried this bill for years, and 9 then Senator Maziarz picked up the bill, 10 partly because the support for the bill in 11 Niagara County was enormous, where George 12 lives, and some of the most prominent 13 sportsmen in upstate New York were in that 14 county. 15 One of the things that caused this 16 bill to move along was the fact that a lot of 17 Iraq and Afghanistan but mostly Iraq veterans, 18 coming back, wanted to get this bill passed 19 because they weren't considered to be disabled 20 enough to be classified to do the hunting 21 during the season. Three of them, I believe, 22 were in Erie County. And one of them I know 23 was in Niagara County, and I think -- one I 24 know was in our county. 25 But you know, this has been a fight

Candyco Transcription Service, Inc. 1 with the sportsmen ever since I've been here. 2 But I think that frankly it was something that 3 needed to be done. 4 And I want to thank especially my 5 seatmate here, Senator Padavan, because it's 6 one of the only times since I've been here in 7 38 years that he hasn't argued with me on a 8 hunting bill. And so I want to thank him very 9 much for being cooperative. 10 SENATOR PADAVAN: You're welcome. 11 SENATOR VOLKER: I vote aye. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Volker to be recorded in the 14 affirmative. 15 Announce the results. 16 THE SECRETARY: In relation to 17 Calendar Number 1383: Ayes, 58. Nays, 3. 18 Senators Marcellino, Perkins and 19 Stewart-Cousins recorded in the negative. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 1385, by Senator Addabbo, Senate Print 6998A, 24 an act to amend the Labor Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Are there any Senators wishing to be heard on 2 the bill? 3 SENATOR DeFRANCISCO: Yes. 4 Explanation, please. A brief one. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Addabbo, an explanation has been 7 requested by Senator DeFrancisco. 8 SENATOR ADDABBO: Sure. Through 9 you, Mr. President. 10 This child-safety bill would 11 require any employer, before hiring an 12 employee that would have direct and 13 unsupervised contact with children under 16 14 years, or 16 years and under, to go through a 15 registry, to check the New York State Sex 16 Offender Registry to see the background of 17 that prospective employee. 18 The employee would know about the 19 check, and so he would be informed. And 20 again, he have to have direct and unsupervised 21 contact with the children. 22 SENATOR DeFRANCISCO: Would 23 Senator Addabbo yield to a couple of 24 questions. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Addabbo, will you yield for Senator 2 DeFrancisco? 3 SENATOR ADDABBO: Yes, 4 Mr. President. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: The title 8 of the bill talks about requirements of 9 certain employers. Are the employers that 10 have to do this limited by category, or is it 11 all employers in the state? 12 SENATOR ADDABBO: To really 13 protect the employer as well -- through you, 14 Mr. President -- to really protect the 15 employer as well, it would be employers who 16 have a job opening that has some type of 17 substantial contact with children, again, 18 16 years or under. 19 SENATOR DeFRANCISCO: Would 20 Senator Addabbo again yield. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Addabbo, do you continue to yield? 23 SENATOR ADDABBO: Yes. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Addabbo yields.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Aren't, for 2 example, schools and daycare centers and the 3 like already required to get fingerprints of 4 employees and do these records checks? 5 SENATOR ADDABBO: Through you, 6 Mr. President, I believe so. 7 The issue that came about for me 8 was through a local issue, which was a karate 9 school in which a person who was dealing with 10 the children there -- direct contact, 11 unsupervised -- was a sex offender. 12 SENATOR DeFRANCISCO: All right. 13 And the last question, if he would take one 14 more. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Addabbo, do you continue to yield? 17 SENATOR ADDABBO: Yes, 18 Mr. President. 19 SENATOR DeFRANCISCO: I was 20 looking for the bill; I can't seem to find it. 21 But my recollection is that there was a -- if 22 you fail to provide a notice to the employee 23 that you're checking him for the sex registry, 24 there's a penalty. Is that correct? 25 SENATOR ADDABBO: Through you,

Candyco Transcription Service, Inc. 1 Mr. President, a penalty of $100. And again, 2 the employer would only be responsible for the 3 $100 if it was shown to be a willful not 4 checking the background of the prospective 5 employee. 6 SENATOR DeFRANCISCO: And I have 7 one last question. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Addabbo, for one last question? 10 SENATOR ADDABBO: Yes, 11 Mr. President. 12 SENATOR DeFRANCISCO: Would that 13 $100 fine apply to school districts, daycare 14 centers and those areas that are already 15 required to do this -- in fact, have to go 16 further, they have to get fingerprint checks? 17 Would that fine also apply to them? 18 SENATOR ADDABBO: Through you, 19 Mr. President, I believe it would apply to 20 everybody who would have a school. 21 SENATOR DeFRANCISCO: All right, 22 thank you. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Any other Senators wishing to be heard on the 25 bill?

Candyco Transcription Service, Inc. 1 Hearing none, debate is closed. 2 The Secretary will ring the bills. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 61. Nays, 12 0. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1387, by Senator Squadron, Senate Print 7363, 17 an act to amend the Energy Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Are there any Senators wishing to be heard on 20 this bill? 21 SENATOR NOZZOLIO: Explanation. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 An explanation has been requested, Senator 24 Squadron, by Senator Nozzolio. 25 SENATOR SQUADRON: Thank you very

Candyco Transcription Service, Inc. 1 much, Mr. President. 2 This bill would create 3 energy-efficiency standards for televisions 4 sold in the State of New York. Televisions 5 have become the new energy guzzlers among 6 household appliances. Once upon a time it was 7 refrigerators, but in 1978 we passed 8 energy-efficiency standards for refrigerators. 9 And you know what happened? They got more 10 energy efficient and they got innovated and 11 got cheaper and better. 12 We need to do the same thing with 13 televisions now. The new flat-screen TVs, the 14 mega TVs can use a third, 33 percent or more 15 energy than the traditional tube televisions 16 did, both because of their size and because of 17 the technology. 18 This bill would do some very simple 19 things and not at all radical things. In 20 fact, it tracks a bill that was passed in 21 California just recently. It would create a 22 Tier 1, starting for televisions manufactured 23 after January 1, 2011, which would be a 24 standard that, just to give you a sense, is 25 less than the equivalent Energy Star

Candyco Transcription Service, Inc. 1 standard -- obviously, a voluntary one -- that 2 went into effect just last month. 3 Tier 2 would be a little bit more 4 stringent in terms of energy efficiency. It 5 would go into effect for televisions 6 manufactured after January 2013. 7 In effect, this could save, by some 8 estimates, $50 to $250 for a household a year 9 in energy costs. In California they believe 10 it will save $8 billion over ten years. It's 11 a common-sense way to deal with some of the 12 innovation that we've had and bring down the 13 cost of these televisions that are really 14 increasing household costs across the board. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Nozzolio. 17 SENATOR NOZZOLIO: Mr. President, 18 will the sponsor yield. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Squadron, will you yield for Senator 21 Nozzolio? 22 SENATOR SQUADRON: Yes, 23 Mr. President. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Nozzolio.

Candyco Transcription Service, Inc. 1 SENATOR NOZZOLIO: Thank you, 2 Mr. President. 3 Senator Squadron, through the 4 chair, that could you tell us are there 5 national standards for energy efficiency for 6 televisions? 7 SENATOR SQUADRON: There are no 8 requirements, actually. The Energy Star 9 standard is a national standard. 10 SENATOR NOZZOLIO: So there are 11 national standards. 12 Will Senator Squadron continue to 13 yield. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Squadron, will you continue to yield? 16 SENATOR SQUADRON: I will. 17 SENATOR NOZZOLIO: Will this 18 apply to those televisions manufactured in 19 other places by other companies not 20 headquartered in New York State? 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Squadron. 23 SENATOR SQUADRON: Through you, 24 Mr. President, this bill applies to 25 televisions sold in the State of New York. It

Candyco Transcription Service, Inc. 1 tracks a bill passed that affects televisions 2 sold in the State of California. So together 3 you will have two very large markets in which 4 you're saving consumers a whole lot of money 5 by requiring that they can buy cheaper 6 televisions that will be cheaper over their 7 life. 8 SENATOR NOZZOLIO: Mr. President, 9 will Senator Squadron continue to yield. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Squadron, will you continue to yield? 12 SENATOR SQUADRON: Yes. 13 SENATOR NOZZOLIO: How much will 14 this regulation, state regulation -- as 15 opposed to a national regulation -- increase 16 the cost of a television sold in New York 17 State? 18 SENATOR SQUADRON: I'm glad 19 Senator Nozzolio asked that question, 20 Mr. President, because one problem that you 21 have with television efficiency is a large 22 number of televisions that are sold right now 23 are not sold directly to consumers, they're 24 sold in group purchases and other sorts of 25 areas where the only price responsiveness is

Candyco Transcription Service, Inc. 1 the sale, the price at initial sale. 2 And so what you have is you have 3 small businesses, you have institutions that 4 are then saddled with extremely high energy 5 costs because the group purchaser won't 6 consider the cost of maintaining the 7 television over its life. 8 And so I don't believe that the 9 more energy efficient television will cost 10 less. In some cases, in fact, it may cost a 11 few dollars more at initial purchase. But 12 over its life it will save between $50 and 13 $250 a year for the average consumer. 14 SENATOR NOZZOLIO: So, Senator 15 Squadron, if I heard you correctly, that this 16 regulation now proposed by you is going to 17 raise the cost of televisions to New York 18 State consumers. Is that not correct? 19 SENATOR SQUADRON: That's 20 terribly incorrect. I don't know about 21 Senator Nozzolio's district; in my district, 22 folks are very worried about their monthly 23 energy costs and they've seen their monthly 24 energy costs rise. In my district lots of 25 folks have either bought for themselves or

Candyco Transcription Service, Inc. 1 been given as a gift one of those great 2 spanking shiny new flat-screen televisions and 3 then what they've seen in the months 4 subsequent is their energy bills have gone up. 5 They've spent significantly more every month 6 that they've had that television than they 7 were ever spending before. 8 And what this bill will do is it 9 will protect those consumers over the life of 10 the television by bringing down their monthly 11 energy costs and saving them significantly 12 more than any differential that they may pay 13 at the store. 14 SENATOR NOZZOLIO: Mr. President, 15 will Senator Squadron continue to yield. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Squadron, will you continue to yield? 18 SENATOR SQUADRON: Yes. 19 SENATOR NOZZOLIO: Senator 20 Squadron, how many television manufacturers 21 are producing televisions today that do not 22 comply with the standards that you're 23 proposing in this legislation? 24 SENATOR SQUADRON: Through you, 25 Mr. President, at least one television

Candyco Transcription Service, Inc. 1 manufacturer, Vizio, has supported this 2 legislation. And just about every major 3 television manufacturer is already producing 4 televisions that comply with the 5 post-January 1, 2011, manufacturing standards 6 because of the Energy Star standards that 7 already exist and have been in place since 8 May. 9 SENATOR NOZZOLIO: Mr. President, 10 would Senator Squadron yield to one last 11 question. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 One last question, Senator Squadron, will you 14 yield? 15 SENATOR SQUADRON: If it's only 16 one. Yes, Mr. President. 17 SENATOR NOZZOLIO: Senator 18 Squadron, are you aware of how many 19 manufacturers of televisions there are located 20 within the State of New York? 21 SENATOR SQUADRON: Through you, 22 Mr. President, what I can tell you is how many 23 purchasers of televisions there are in the 24 State of New York. And we have 19 million 25 citizens, we have one of the largest

Candyco Transcription Service, Inc. 1 television -- 2 SENATOR NOZZOLIO: Thank you, 3 Senator. I didn't ask that question. I asked 4 you how many manufacturers of televisions 5 there were in New York State. 6 SENATOR SQUADRON: Through you, 7 Mr. President, I don't. And I do want to just 8 clarify, since this is the final question, 9 that we're talking about televisions sold in 10 the State of New York, not manufactured in the 11 State of New York. This is a confusion that I 12 know has sometimes permeated this house. I 13 know it did recently on another piece of 14 legislation having to do with microstamping. 15 We're talking about any sort of 16 television can still be manufactured in the 17 State of New York, and I hope that those folks 18 will stay here. What we're talking about is 19 televisions sold in the State of New York to 20 save New York State consumers in their energy 21 costs over the life of the television. 22 Thank you, Mr. President. 23 SENATOR NOZZOLIO: Thank you, 24 Senator Squadron. 25 Mr. President, on the bill.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Nozzolio, on the bill. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President and my colleagues. That this 5 regulation is going to cost consumers more 6 money. When you buy a television, because of 7 this legislation if you buy it in New York 8 State, you're going to pay more money. It's 9 going to be more expensive, pure and simple. 10 Also, I had to ask Senator Squadron 11 the question of manufacturers. Because the 12 answer of how many television manufacturers 13 there are in New York State is zero. There 14 are absolutely no television manufacturers now 15 in New York State. 16 And I say that's sad because in my 17 hometown of Seneca Falls there used to be a 18 manufacturer of televisions. I worked from 19 3:30 to midnight one summer washing screen 20 scrap in the Sylvania Electric Television 21 factory that no longer exists. 22 And why does that no longer exist 23 in New York State? Because of the myriad of 24 rules and regulations and other items of 25 taxation that are placed upon manufacturers.

Candyco Transcription Service, Inc. 1 When that happens, manufacturers leave. And 2 that's what happened to the television 3 industry, an industry that left New York 4 before it left this nation. 5 And that this type of regulation 6 may be well-intentioned, but the bottom line 7 is that it costs more money for a consumer to 8 purchase a product as a result of this. 9 However the savings may be over the long term, 10 nonetheless it's going to cost more for our 11 citizens because of the proposal before us 12 today, and that's why I must oppose it. 13 Thank you, Mr. President. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Thank you, Senator Nozzolio. 16 Senator Fuschillo. 17 SENATOR FUSCHILLO: Will the 18 sponsor yield for a few questions. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Squadron, will you yield for some 21 questions from Senator Fuschillo? 22 SENATOR SQUADRON: I will. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Senator, what

Candyco Transcription Service, Inc. 1 else does this legislation include besides 2 televisions? 3 SENATOR SQUADRON: I'm sorry, can 4 you -- 5 SENATOR FUSCHILLO: What else is 6 included in the legislation electronically 7 besides televisions? 8 SENATOR SQUADRON: The 9 legislation before us has the energy 10 efficiency standards that I discussed in my 11 initial presentation and then also updates the 12 definition of televisions. 13 SENATOR FUSCHILLO: I'm sorry, 14 there was too much noise. 15 SENATOR SQUADRON: Sorry, 16 Mr. President, the floor leaders are -- thank 17 you. 18 The legislation has the energy 19 efficiency standards that I described in my 20 presentation. It also updates the definitions 21 of televisions for the contemporary market. 22 SENATOR FUSCHILLO: Would the 23 sponsor continue to yield. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Squadron, will you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Yes. 2 SENATOR FUSCHILLO: So does it 3 include a DVD player, HDTV player, a VCR also 4 in a single unit? 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Squadron. 7 SENATOR SQUADRON: Through you, 8 Mr. President, the definitions include -- the 9 definition of television is updated to include 10 three subsets that are currently significant 11 on the market -- combination televisions, 12 component televisions, and television 13 monitors. 14 And to answer your question, 15 combination televisions are television set 16 monitors that can include some of these other 17 items. 18 SENATOR FUSCHILLO: Will the 19 sponsor continue to yield, Mr. President. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Squadron, will you continue to yield? 22 SENATOR SQUADRON: Yes. 23 SENATOR FUSCHILLO: Do you have a 24 sponsor in the Assembly on this bill, and did 25 it pass?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The question is do you have an Assembly 3 sponsor and has it passed the Assembly. 4 SENATOR SQUADRON: Yes, Mr. 5 President, I do have an Assembly sponsor. As 6 of a couple of hours ago, it had not passed in 7 the Assembly. 8 SENATOR FUSCHILLO: If the 9 sponsor would continue to yield. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Squadron, do you continue to yield? 12 SENATOR SQUADRON: Yes, 13 Mr. President. 14 SENATOR FUSCHILLO: Senator 15 Squadron, you gave I assume the retailers in 16 the State of New York to comply within six 17 months of your effective date. If they have 18 any inventory in their warehouses, are they 19 supposed to just throw them away? 20 SENATOR SQUADRON: Through you, 21 Mr. President, absolutely not. Absolutely 22 not. New York retailers are suffering through 23 the same tough economy the rest of New York 24 is. And that's one reason the bill was 25 written to only apply to televisions

Candyco Transcription Service, Inc. 1 manufactured after January 1, 2011, for the 2 lower standard, and then again televisions 3 manufactured after January 1, 2013, for the 4 more stringent standards. Again, both 5 standards equal to or less than the equivalent 6 Energy Star standards that will apply at that 7 time. 8 SENATOR FUSCHILLO: Thank you, 9 Senator. 10 Would the Senator continue to 11 yield? 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Squadron, do you continue to yield? 14 SENATOR SQUADRON: Yes. 15 SENATOR FUSCHILLO: Just one last 16 question for my own clarification. Are these 17 TVs only manufactured in New York State or are 18 they manufactured anywhere in the country to 19 be sold in New York State? 20 SENATOR SQUADRON: Through you, 21 Mr. President, unfortunately I think many of 22 these televisions aren't manufactured in the 23 United States at all. This is about 24 television -- and again, I know this can be 25 very difficult, and I think we're all

Candyco Transcription Service, Inc. 1 incredibly conscious of the job situation in 2 New York State. And so we need to be very 3 careful about any legislation that will drive 4 manufacturing jobs out of the state. 5 This legislation doesn't do that 6 because it does not affect manufacturing -- 7 the location of the manufacturer of any 8 television. It only affects the sale of 9 televisions in New York State. And that's a 10 very important distinction, and one we need to 11 be cognizant of. 12 Thank you, Mr. President. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Thank you, Senator Squadron. 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: One last 17 question, Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Squadron, Senator Fuschillo has asked 20 for you to yield for one final question. 21 SENATOR SQUADRON: Absolutely, 22 Mr. President. 23 SENATOR FUSCHILLO: Thank you, 24 Senator Squadron. You mentioned California 25 also has a similar law to the one you're

Candyco Transcription Service, Inc. 1 proposing. Any other states in the nation 2 have a law like this? 3 SENATOR SQUADRON: Through you, 4 Mr. President, California has passed a law on 5 this, as I said. In addition, Maryland, 6 Massachusetts, Washington and Wisconsin have 7 introduced bills on it, though I don't believe 8 they have passed. 9 SENATOR FUSCHILLO: So just to 10 answer my question, California is the only 11 state in the nation that currently has a law? 12 Mr. President, through you. 13 SENATOR SQUADRON: Through you, 14 Mr. President, California is the only state 15 that has passed a law. 16 SENATOR FUSCHILLO: Thank you, 17 Mr. President. Thank you, Senator Squadron. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Thank you, Senator Fuschillo. 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: Would 22 Senator Squadron yield to a question. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Squadron, will you yield for Senator 25 DeFrancisco?

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Mr. 2 President, I've been awaiting it. Please. 3 (Laughter.) 4 SENATOR DeFRANCISCO: Well, I 5 just need a clarification. I don't know if I 6 heard it correctly. When Senator Nozzolio 7 asked you do manufacturers -- the televisions 8 that are in existence now, are they in 9 compliance with the standards that you're 10 going to impose, I think you said yes. 11 SENATOR SQUADRON: Through you, 12 Mr. President. I said that manufacturers -- I 13 believe it was Senator Fuschillo who asked the 14 question whether about whether retailers would 15 have to throw out their stock or if they would 16 be able to sell it down. And I said they 17 wouldn't because this only applies to 18 televisions manufactured after a certain date. 19 That date is January 1, 2011, for the first 20 year. 21 SENATOR DeFRANCISCO: Okay. 22 Well, may I ask another question, please. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Squadron, will you yield for another 25 question?

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Yes. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Senator 5 Nozzolio asked you a question about the 6 standards, and he asked you whether or not 7 television sets that are currently existing, 8 do they comply with the standards you want to 9 set. And I thought you said yes. 10 SENATOR SQUADRON: Oh. Through 11 you, Mr. President, yeah, many, many 12 televisions currently manufactured do comply 13 with the standards. And again, there's a lot 14 of reasons for that, and one of them is how 15 much consumers are calling for lower energy 16 costs in regard to their televisions. 17 But the other reason is, as I keep 18 talking about, the federal Energy Star 19 requirement -- which is a voluntary standard, 20 not a requirement, excuse me -- is equal to or 21 less than each of standards as they tier up 22 under this bill. 23 SENATOR DeFRANCISCO: I 24 understand. 25 Last question.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Squadron, will you yield for the last 3 question? 4 SENATOR SQUADRON: Yes. 5 SENATOR DeFRANCISCO: If that's 6 the case, why do you need the bill? 7 SENATOR SQUADRON: Through you, 8 Mr. President. Many, many televisions, as I 9 said, comply with the voluntary Energy Star 10 standards. 11 However, as I said, there are a 12 number of reasons to have this bill. You 13 found it with refrigerators, you found it with 14 a number of other items where we've set 15 minimum standards for energy efficiency, that 16 you have a significant cut in the overall 17 energy usage and you actually can create a 18 situation where you end up with more 19 innovation when you have a requirement of this 20 sort. 21 And so the reason to do it is that 22 many folks, including every major 23 environmental group in the State of New York, 24 believe that if this bill passes we'll use 25 33 percent less energy in 2011, just next

Candyco Transcription Service, Inc. 1 year, than we otherwise would from 2 televisions, 49 percent less energy in 2013, 3 and every year forward than we otherwise 4 would. 5 So the reason to pass the bill is 6 to save energy, save costs, and help move the 7 industry forward and put New York State at the 8 forefront of it. 9 Thank you, Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Squadron. 12 Are there any other Senators 13 wishing to be heard on the bill? 14 Hearing none, debate is closed. 15 The Secretary will please ring the bells. I 16 ask all Senators to please come to the 17 chamber. 18 The Secretary will read the last 19 section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Robach, to explain his vote. 2 SENATOR ROBACH: Yes, just 3 briefly. 4 You know, the title of the bill 5 sounds fine. But, you know, we should really 6 be moving toward the federal standard. While 7 we talked about manufacturing jobs, what we 8 see too often in New York is this is going to 9 affect retail jobs, I think, if there's a very 10 different standard in New York. You know, we 11 already have people driving to New Jersey to 12 get their gas, buy their clothes because of 13 standards we put on. Why would we want to not 14 go to the federal standard and do this? 15 And I also think there was some 16 erroneous information. The technology is 17 getting better on usage. While the television 18 may be bigger, in some cases, the energy used 19 is actually less than old tube televisions, 20 and manufacturers both at the federal and the 21 state level are now using that to advertise, 22 whether it's a refrigerator or anything else, 23 what the Energy Star savings would be. And 24 that seems like a better way to go. 25 To put New York retailers behind

Candyco Transcription Service, Inc. 1 the eight ball or lose tax revenue because 2 people are going to another state to make a 3 major purchase does not seem like a necessity 4 at this point. But really to follow more the 5 federal plan, the Energy Star ratings and 6 things that are working in the rest of the 7 country, seems to be a better way to go to try 8 and save energy. So I'm going to vote in the 9 negative. 10 SENATOR KLEIN: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside for the day. 14 THE SECRETARY: Calendar Number 15 1391, by Senator Thompson, Senate Print 7966A, 16 an act to amend the Environmental Conservation 17 Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Are there any Senators wishing to be heard on 20 the bill? 21 SENATOR NOZZOLIO: Explanation. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Thompson, an explanation has been 24 requested by Senator Nozzolio. 25 SENATOR THOMPSON: Okay, 1391,

Candyco Transcription Service, Inc. 1 right? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Calendar 1391, Senator. 4 SENATOR THOMPSON: Yes, thank 5 you. Thank you. I always love to answer 6 questions. 7 Okay, this particular bill 8 addresses a growing problem. As fluorescent 9 lamps become an increasingly popular method of 10 reducing energy use, the amount of mercury 11 contained within these lamps pose a potential 12 health risk. When a fluorescent lamp breaks, 13 it releases mercury, a hazardous material 14 dangerous to human health and the environment. 15 Breakage can ensure during normal use and 16 particularly after disposal. 17 This legislation would ensure that 18 fluorescent lamps sold in New York State do 19 not contain excessive levels of mercury. 20 Currently, California, Maine, the European 21 Union have already adopted laws that set 22 maximum mercury content limits for compact 23 fluorescent lamps. 24 This bill also seeks to make sure 25 that we protect our children and,

Candyco Transcription Service, Inc. 1 additionally, our families. There's no 2 opposition to the bill from the industry. And 3 I believe we also moved this bill through 4 committee and there was no opposition to the 5 bill. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Any Senators wishing to be heard on the bill? 8 Hearing none, debate is closed. 9 The Secretary will please ring the bells. 10 Read the last section. 11 THE SECRETARY: Section 6. 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 Senator Bonacic, to explain his vote. 18 SENATOR BONACIC: First of all, 19 all of the reasons that we spoke about with 20 Senator Squadron's bill applies to this same 21 bill, but it's mercury in the lamps, and it's 22 effective immediately. So you're setting a 23 standard in New York that is not set anywhere 24 else in the United States, and which would 25 prohibit that product from coming in here,

Candyco Transcription Service, Inc. 1 driving the cost up. 2 It's the exact same objections for 3 the television are the same objections for the 4 mercury in the lamps. I vote no. 5 Thank you, Mr. President. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Bonacic to be recorded in the 8 negative. 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 1403, by Senator Thompson, Senate Print 8375, 15 an act to amend the Environmental Conservation 16 Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Are there any Senators wishing to be heard on 19 the bill? 20 SENATOR NOZZOLIO: Explanation. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Can we please have some order in the chamber. 23 Senator Thompson, an explanation 24 has been requested by Senator Nozzolio for 25 Calendar Number 1403.

Candyco Transcription Service, Inc. 1 SENATOR THOMPSON: Sure. Thank 2 you. 3 This particular bill is a cleanup 4 bill to the expansion of the Bottle Bill last 5 year. The Retail Council of New York State 6 and the Food Industry Alliance of New York 7 both argue that the four RVMs at the larger 8 stores are capable of handling the customer or 9 consumer demands. The bill would address this 10 disparity by clarifying that the square 11 footage thresholds triggering the RVMs are 12 calculated on the area devoted to the display 13 of merchandise for sale to the public. 14 We had big numbers. For your 15 larger stores, they had -- were required to 16 have eight RVMs; now they would be required to 17 have four. 18 This bill is very important to the 19 industry. We have received no opposition to 20 this bill. And I think it's really good for 21 the consumers and good for the business. 22 Lastly, I would argue that the 23 challenge that some of the stores have is the 24 issue of zoning. Some of the stores, because 25 now they're going from not having any to

Candyco Transcription Service, Inc. 1 having eight, they're having zoning problems 2 as well. So this would help many of the 3 stores. 4 One of the reasons why we moved to 5 the RVM last year is because there was an 6 oversaturation -- rather, over redemption of 7 bottles at supermarkets and convenience 8 stores. So now your Targets, your Wal-Marts, 9 and your pharmacies now will have to redeem 10 using the RVMs as well, and make sure that 11 your supermarkets are not going to have 12 overredemption, particularly in your summer 13 months, the way your supermarkets have all the 14 time. So now you have the department stores 15 and the supermarkets will all have RVMs. 16 Thank you. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Nozzolio. 19 SENATOR NOZZOLIO: Mr. President, 20 will Senator Thompson yield to a series of 21 questions. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Thompson, will you yield for a series 24 of questions from Senator Nozzolio? 25 SENATOR THOMPSON: Sure. Yes,

Candyco Transcription Service, Inc. 1 sir. 2 SENATOR NOZZOLIO: Thank you, 3 Mr. President. Thank you, Senator Thompson. 4 Senator Thompson, my questions do 5 not deal with the redemption or the need to 6 establish a redemption process. My questions 7 begin with your legislation, line 26 through 8 page 2, line 6, where you establish a waiver 9 process that entrusts a lot of power and 10 authority in the commissioner -- and I assume 11 that's the commissioner of Environmental 12 Conservation, is that not correct? 13 SENATOR THOMPSON: Yes, I believe 14 that is correct. The DEC commissioner will 15 have some authority. And also, through last 16 year to this year, many of the retailers and 17 vendors and distributors have worked with DEC 18 to come up with some of the recommendations 19 during the regulatory process. 20 SENATOR NOZZOLIO: Will Senator 21 Thompson continue to yield. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Thompson, do you continue to yield? 24 SENATOR THOMPSON: Yes. 25 SENATOR NOZZOLIO: What I am

Candyco Transcription Service, Inc. 1 concerned about, Senator, as you set forth 2 some criteria where the commissioner could in 3 fact establish a waiver, would that waiver be 4 allowed for redemption to take place somewhere 5 else other than at the point of sale? 6 SENATOR THOMPSON: I believe that 7 if there was a waiver, they would still have 8 to be on-premises as well. I believe that's 9 the case, right? Yes. It would still have to 10 be on the premises and it can't be in some 11 obscure location in the store. 12 SENATOR NOZZOLIO: Senator -- 13 SENATOR THOMPSON: And can I just 14 say, also, the intent of the bill is to keep 15 waivers at a minimum. I mean, sometimes 16 people will have a waiver, but I think the 17 intent is to keep waivers at a minimum so that 18 we maximize equal enforcement of the 19 redemption process. 20 SENATOR NOZZOLIO: If Senator 21 Thompson will continue to yield. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Thompson, do you continue to yield? 24 SENATOR THOMPSON: Yes. 25 SENATOR NOZZOLIO: Senator, I

Candyco Transcription Service, Inc. 1 appreciate what you're saying, although I 2 don't believe I can at least find that in the 3 six lines of the legislation that we're 4 referring to. Where am I missing that it says 5 that the waiver has to be given -- if it is to 6 be given, is to be given only at the point of 7 sale? Where does your legislation indicate 8 that will be the waiver, in effect? 9 SENATOR THOMPSON: That is in the 10 original bill from last year. We only amend 11 part of it. But in the original bill from the 12 budget bill last year, it's clearly specified 13 in the original bill. 14 SENATOR NOZZOLIO: Would Senator 15 Thompson continue to yield. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Thompson, do you continue to yield? 18 SENATOR THOMPSON: Yes, 19 Mr. President. 20 SENATOR NOZZOLIO: Senator 21 Thompson, where is the reference in this 22 legislation to that original bill or to the 23 original law? 24 SENATOR THOMPSON: I think it 25 says paragraph 1 referenced Chapter 59.

Candyco Transcription Service, Inc. 1 SENATOR NOZZOLIO: But does that 2 chapter -- 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Do you wish Senator Thompson to continue to 5 yield, Senator Nozzolio? 6 SENATOR NOZZOLIO: Yes, thank 7 you, Mr. President. Will Senator Thompson 8 continue to yield. 9 SENATOR THOMPSON: Yes. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 He does. 12 SENATOR NOZZOLIO: Thank you, 13 Senator Thompson. 14 Senator, I am very concerned that 15 this waiver process is not clear enough. And 16 if you're incorporating another statute by 17 reference, why don't you directly incorporate 18 it, or at the very least, list that criteria? 19 SENATOR THOMPSON: Through you, 20 Mr. President, you know, I think that that's 21 something that could have been looked at. 22 But I think that this is something 23 that the industry has clearly spoken in favor 24 of. Many department stores came to Albany on 25 a couple of occasions this year and have

Candyco Transcription Service, Inc. 1 pleaded for this correction. If this 2 correction does not happen today, it probably 3 will not happen this year. And so this is the 4 first that someone has mentioned that they had 5 a problem with the particular content of the 6 bill. 7 The original bill clearly specifies 8 this on the waiver process, which is very 9 limited in scope because our concern was about 10 overredemption at supermarkets. And basically 11 your other big box retailers, like the Sam's 12 Clubs, et cetera, were not making it easy for 13 people to take back bottles. So I think that 14 the -- I'm 99 percent certain we clearly 15 stated that in the original bill. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. Will Senator Thompson continue 18 to yield. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Thompson, do you continue to yield? 21 SENATOR THOMPSON: Absolutely. 22 SENATOR NOZZOLIO: Thank you, 23 Senator Thompson. 24 That's very important, Senator, 25 that if you are indicating that the full

Candyco Transcription Service, Inc. 1 intention of this legislation directly 2 instructing the commissioner -- short of 3 language in the legislation you're indicating, 4 as the sponsor of this legislation, that your 5 clear intention is to establish a redemption 6 process, even if it's established under a 7 waiver through the commissioner of the 8 Department of Environmental Conservation, that 9 that redemption process is in fact to be a 10 process at the point of sale. 11 Is that not correct as I understand 12 you, sir? 13 SENATOR THOMPSON: Through you, 14 Mr. President. Again, I think that in some 15 very limited cases there may be a waiver. But 16 the bill excuses no retailer selling covered 17 products from the requirement that they accept 18 empty containers. 19 And in the original bill it does 20 say that they would -- we would -- there's 21 always in every law some small exception. 22 Very limited, though. And I think it -- so as 23 I stated earlier, in order to receive a 24 waiver, the conditions are very, very limited. 25 It would probably be almost impossible.

Candyco Transcription Service, Inc. 1 SENATOR NOZZOLIO: Thank you, 2 Senator Thompson. 3 Mr. President, on the bill. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Nozzolio, on the bill. 6 SENATOR NOZZOLIO: Mr. President, 7 this measure has received support from various 8 retailers across this state. And I rise not 9 to oppose the process but to further define 10 it. 11 Senator Thompson indicated today 12 that he believed if waivers are to be given, 13 those waivers still should take into 14 consideration the consumer and particularly 15 establishing this redemption at the point of 16 sale. That the potentials for fraud are 17 extreme if a waiver is given for those to be 18 redeemed and the money to be received by the 19 consumer at another point in another location 20 at another time. 21 So, Senator, I appreciate your 22 focus on this waiver process, and that I 23 appreciate the opportunity to discuss this 24 with you. I hope that this will not require 25 additional legislation to further refine it.

Candyco Transcription Service, Inc. 1 I think you've done a job discussing it today. 2 But also that if there is further definition 3 required in the future, that you would be 4 amenable to tighten up that waiver process. 5 Thank you, Mr. President. Thank 6 you, Senator Thompson. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Thank you, Senator Nozzolio. 9 Are there any other Senators 10 wishing to be heard on the bill? 11 Hearing none, debate is closed. 12 The Secretary will please ring the bells. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 can we briefly return to motions and 25 resolutions.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Klein. 3 SENATOR KLEIN: Before we do 4 motions, can we return to Calendar Number 5 1355. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Returning to Calendar 1355, Senator Klein. 8 SENATOR KLEIN: The bill was laid 9 aside temporarily. Can we lay it aside for 10 the day, please. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Calendar Number 1355 will be laid aside for 13 the day. 14 Senator Klein. 15 SENATOR KLEIN: Now can we return 16 to motions and resolutions. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Returning to motions and resolutions. 19 Senator Klein. 20 SENATOR KLEIN: On behalf of 21 Senator Thompson, I wish to call up Senate 22 Print Number 5640A, recalled from the 23 Assembly, which is now at the desk. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The Secretary will read the title.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 520, by Senator Thompson, Senate Print 5640A, 3 an act to amend the Labor Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, I 7 now move to reconsider the vote by which this 8 bill was passed. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will call the roll on 11 reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 now offer the following amendments. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Amendments received. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, 22 can you please recognize Senator Libous. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Libous. 25 SENATOR LIBOUS: Thanks, Mr.

Candyco Transcription Service, Inc. 1 President. On behalf of Senator Hannon, I 2 wish to call up Bill Number 7403, recalled 3 from the Assembly, which is now at the desk. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The Secretary will read the title. 6 One moment, Senator Libous. We've 7 just got to clarify something. 8 SENATOR LIBOUS: I'm quite 9 patient, Mr. President. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will read the title. 12 THE SECRETARY: Calendar Number 13 942, by Senator Hannon, Senate Print 7403, an 14 act to authorize. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President, I 18 now wish to reconsider the vote by which this 19 bill was passed. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The Secretary will call the roll on 22 reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 SENATOR LIBOUS: Mr. President, I

Candyco Transcription Service, Inc. 1 offer up the following amendments. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Amendments received, Senator Libous. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this time can we please move to a reading of 7 the supplemental active list. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 99, by Senator Breslin, Senate Print 2092, an 12 act to amend the Insurance Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 187, by Member of the Assembly Jeffries -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 196, by Senator Savino, Senate Print -- 8 SENATOR LIBOUS: Lay it aside. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is high. The bill is laid aside for 11 the day. 12 THE SECRETARY: Calendar Number 13 298, by Senator Parker, Senate Print 3601D, an 14 act to amend the Social Services Law. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is high. The bill is laid aside for 17 the day. 18 THE SECRETARY: Calendar Number 19 470, by Member of the Assembly Ortiz, Assembly 20 Print Number 10791, an act to amend the 21 Not-for-Profit Corporation Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 471, by Member of the Assembly Cusick, 11 Assembly Print Number 10824B, an act to amend 12 the Mental Hygiene Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 547, by Senator Savino, Senate Print 2978B, an 2 act to amend the Workers' Compensation Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is high. The bill is laid aside for 5 the day. 6 THE SECRETARY: Calendar Number 7 648, by Senator C. Johnson, Senate Print 7739, 8 an act to amend the Alcoholic Beverage Control 9 Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Announce the results. 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 834, by Senator Stachowski, Senate Print 5459, 24 an act to amend the Penal Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 870, Senator Seward moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 10634B and substitute it 16 for the identical Senate Bill Number 7287B, 17 Third Reading Calendar 870. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Substitution ordered. 20 THE SECRETARY: Calendar Number 21 870, by Member of the Assembly Lopez, Assembly 22 Print Number 10634B, an act to amend Chapter 23 313 of the Laws of 2004. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 873, by Senator Larkin, Senate Print 674, an 13 act to amend the Highway Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 3 -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside. 21 SENATOR LIBOUS: Mr. President, 22 who laid the bill aside? 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Duane laid the bill aside, Senator 25 Libous.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Thank you, 2 Mr. President. 3 THE SECRETARY: Calendar Number 4 900, by Member of the Assembly Gottfried, 5 Assembly Print Number 8117B, an act to amend 6 the Education Law and the Insurance Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the 90th day. 11 SENATOR LANZA: Lay it aside. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside. 14 THE SECRETARY: Calendar Number 15 906, by Senator Libous, Senate Print 440, an 16 act to amend the General Municipal Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of January. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 907, by Senator Larkin, Senate Print 647A, an 6 act to remove from the Albert Wisner Memorial 7 Public Library. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of July. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 930, by substituted earlier today by Member of 22 the Assembly Bing, Assembly Bill Number 7907D, 23 an act to amend the Not-for-Profit Corporation 24 Law and others. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 935, substituted earlier today by Member of 14 the Assembly Kellner, Assembly Print Number 15 10392C, an act to amend Chapter 899 of the 16 Laws of 1984. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 1001, by Senator L. Krueger -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day, please. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 1112, by Senator Stachowski, Senate Print 12 7865A, an act in relation to requiring. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is high. The bill is laid aside for 15 the day. 16 THE SECRETARY: Calendar Number 17 1137, by Senator Foley, Senate Print 7137B, an 18 act to amend the Education Law and the General 19 Municipal Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 SENATOR LIBOUS: Lay it aside. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1174, by Senator Thompson, Senate Print 8280, 4 an act to amend the Environmental Conservation 5 Law. 6 SENATOR YOUNG: Lay it aside. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1222, by Senator Klein, Senate Print 6213B, an 11 act to amend the Executive Law and the 12 Criminal Procedure Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 12. This 16 act shall take effect on the 180th day. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Klein, to explain his vote. 22 SENATOR KLEIN: Mr. President, 23 thank you. 24 I rise in support of this 25 legislation. This is, I think, going to go a

Candyco Transcription Service, Inc. 1 long way towards doing two very important 2 things in our criminal justice system, making 3 sure we convict and find the guilty and also 4 being able to exonerate the innocent. 5 By not expanding our DNA database 6 in New York State, New York is having an 7 impact around the country. Presently 30,000 8 of the unsolved crimes, 10.5 percent, are 9 because New York has not expanded their 10 database as they should. 11 I think we have to get over the 12 fact that DNA is no more invasive, and that's 13 why federal and state courts around the 14 country have found that, than fingerprinting. 15 However, DNA is a lot more effective in 16 fighting crime. 17 So I'm hopeful that the Assembly 18 will follow suit and pass this important 19 legislation and join 23 other states that have 20 already passed DNA-upon-arrest legislation. 21 I vote yes, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein to be recorded in the 24 affirmative. 25 Senator DeFrancisco, to explain his

Candyco Transcription Service, Inc. 1 vote. 2 SENATOR DeFRANCISCO: Yes, I'm 3 going to vote in the affirmative. And I know 4 that in past years when this was carried, 5 similar bills were carried by others, that 6 there was a big concern by some in the house 7 that this was some kind of imposition on 8 someone who was arrested for a felony because 9 it was only arrest and you're stigmatizing 10 someone. 11 But to have the database on arrest 12 is extremely important in order to prevent -- 13 I believe in order to find individuals who 14 have committed other crimes, and in order to 15 protect those that have not, by DNA matching. 16 So this is a good bill and I'm 17 happy that this has been put on the floor 18 today for a vote. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator DeFrancisco to be recorded in the 21 affirmative. 22 Announce the results. 23 THE SECRETARY: Ayes, 59. Nays, 24 2. Senators Duane and Montgomery recorded in 25 the negative.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 THE SECRETARY: Calendar Number 4 1320, by Senator Savino, Senate Print 8380, an 5 act to amend the Labor Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 7 -- 9 SENATOR LIBOUS: Lay it aside. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is laid aside. 12 THE SECRETARY: In relation to 13 Calendar Number 1321, Senator Hassell-Thompson 14 moves to discharge, from the Committee on 15 Rules, Assembly Bill Number 10984B and 16 substitute it for the identical Senate Bill 17 Number 8390, Third Reading Calendar 1321. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Substitutions ordered. 20 THE SECRETARY: Calendar Number 21 1321, by Member of the Assembly Paulin, 22 Assembly Print Number 10984B, an act to amend 23 the Domestic Relations Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 SENATOR DeFRANCISCO: Excuse me. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 I'm sorry, Senator DeFrancisco to explain his 14 vote. 15 SENATOR DeFRANCISCO: Yes, I'm 16 going to vote against this bill. 17 I don't know a lot about family 18 law, I know a little bit about it, but I think 19 the people that know it best are those that 20 practice family law. And the family law 21 section of the New York State Bar Association 22 put in a memorandum in opposition to this 23 bill. And I won't read it because I'm sure 24 it's been provided to each of the people here. 25 And for the reasons they set forth

Candyco Transcription Service, Inc. 1 in that memo, the people that practice family 2 law on a regular basis I think are the 3 experts, and based upon their advice I'm 4 voting no. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator DeFrancisco to be recorded in the 7 negative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1321 are 11 Senators DeFrancisco, Little and Winner. 12 Ayes, 58. Nays, 3. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 Senator Klein, that completes the 16 reading of the supplemental calendar. 17 SENATOR KLEIN: 1325? 18 ACTING PRESIDENT CRAIG JOHNSON: 19 That bill has already been passed in the 20 Senate. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 returning to Calendar Number 1174, Senate 24 Print Number 8280, Senator Thompson's bill, 25 can we please lay the bill aside for the day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Calendar Number 1174 will be laid aside for 3 the day. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this time can we please go to a reading of the 7 controversial supplemental active list. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Secretary will ring the bell. 10 I ask all members to come to the 11 chamber for the reading of the controversial 12 calendar and to please try to stay in the 13 chamber for the reading of the controversial 14 calendar. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 873, by Senator Larkin, Senate Print 674, an 18 act to amend the Highway Law. 19 SENATOR KLEIN: Can we please 20 remove the lay-aside on that bill. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The lay-aside for Calendar Number 873 has been 23 removed. The bill will go to the 24 noncontroversial calendar. 25 The Secretary will read the last

Candyco Transcription Service, Inc. 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Call the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Maziarz, to explain his vote. 9 SENATOR MAZIARZ: Thank you, 10 Mr. President, to explain my vote. 11 I just want to -- while all my 12 colleagues are in the chamber, I want to state 13 that just last week, on the 25th of June, 14 General Petraeus spoke at a tribute to the 15 National Purple Heart Hall of Fame. And 16 honored, at that particular tribute to the 17 Hall of Fame, were the four individuals who 18 started the idea of creating the Purple Heart 19 Hall of Fame. One of those four members 20 happens to be a member of the New York State 21 Senate, Colonel Bill Larkin. 22 Colonel. 23 (Standing ovation.) 24 SENATOR MAZIARZ: And I vote in 25 the affirmative, by the way.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Maziarz will be recorded in the 3 affirmative. 4 Can we have some order in the 5 chamber, please. 6 Are there any other Senators who 7 wish to explain their votes? 8 Seeing none, announce the results. 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 Senator Lanza. 13 SENATOR LANZA: Mr. President, 14 can we remove the lay-aside on Calendar Number 15 900, please. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The lay-aside for Calendar Number 900 has been 18 removed. The bill will go to the 19 noncontroversial supplemental calendar. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Calendar Number 23 900, by Member of the Assembly Gottfried, 24 Assembly Print Number 8117B, an act to amend 25 the Education Law and the Insurance Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect on the 90th day. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 1137, by Senator Foley, Senate Print 7137B, an 15 act to amend the Education Law and the General 16 Municipal Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Are there any Senators who wish to be heard? 19 Senator Ranzenhofer, why do you 20 rise? 21 SENATOR RANZENHOFER: We're on 22 1137? 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Calendar 1137. 25 SENATOR RANZENHOFER: On the

Candyco Transcription Service, Inc. 1 bill, Mr. President. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 On the bill, Senator Ranzenhofer. 4 SENATOR RANZENHOFER: My concern 5 with this piece of legislation and the reason 6 why I'm not going to be voting for it is 7 because I believe that this is another 8 unfunded mandate on school districts. 9 I've heard from the school 10 districts, I've heard from the 11 superintendents, and they are very concerned 12 that this is going to increase their costs. 13 Whenever you're increasing costs for school 14 districts, that means more property taxes that 15 have to be paid by our local taxpayers. 16 So for that reason, I will not be 17 supporting this bill. 18 Thank you, Mr. President. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Ranzenhofer will be recorded in the 21 negative. 22 Senator Padavan. 23 SENATOR PADAVAN: Would the 24 sponsor yield for a question. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Foley, will you yield for a question 2 from Senator Padavan? 3 SENATOR FOLEY: Yes, 4 Mr. President. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Padavan. 7 SENATOR PADAVAN: In the City of 8 New York, our custodians are engineers. They 9 belong to a group pretty well known and have 10 the capacity to not only do the type of work 11 required by plumbing and electrical work but 12 also to supervise it. Would they be precluded 13 from doing that type of work that they're 14 trained to do, under your provision? 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Foley. 17 SENATOR FOLEY: Yes, through the 18 President. 19 No, in fact the amendments that we 20 made to the bill mirrors the city language. 21 We had spoken with the City Education 22 Department, and after consultation with them, 23 we made certain amendments to the bill and it 24 is very similar to in fact a bill that is in 25 the city.

Candyco Transcription Service, Inc. 1 So they would not be precluded, 2 Mr. President. 3 SENATOR PADAVAN: So therefore 4 the provisions of your bill -- if you would 5 yield again. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Foley, will you yield? 8 SENATOR FOLEY: Yes, 9 Mr. President. 10 SENATOR PADAVAN: -- of work to 11 be sent out to a licensed plumber or a 12 licensed electrician in the City of New York 13 would not be a requirement? 14 SENATOR FOLEY: The City of 15 New York already requires that, Senator 16 Padavan. 17 SENATOR PADAVAN: Already 18 requires what? 19 SENATOR FOLEY: Licensed plumbers 20 to either do the work themselves or to 21 supervise the work that would be done. 22 SENATOR PADAVAN: On the bill. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 On the bill, Senator Padavan. 25 SENATOR PADAVAN: It is true that

Candyco Transcription Service, Inc. 1 if they're going out for bid on work that 2 cannot be done internally, yes, then that work 3 must be done by a licensed plumber or a 4 licensed electrician. However, if it's work 5 with the school that's within the capacity of 6 the operating engineer who is the custodian 7 and those people under his direct supervision, 8 that's allowed as well. 9 And the ambiguity in your bill is 10 as to whether or not that would continue to be 11 so. Because if it were not, that means every 12 time there's a defective light switch and the 13 custodian engineer fixes it or replaces it or 14 the plumbing breaks down and he's got to 15 replace a piece of the waste pipe or some 16 other -- and he's going to have to get a 17 elaborated plumber, now that would be a 18 problem. And that's why I've been asking 19 these questions. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Winner. 22 SENATOR WINNER: Will Senator 23 Foley yield for a brief question? 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Foley, will you yield to some

Candyco Transcription Service, Inc. 1 questions? 2 SENATOR FOLEY: Yes. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Winner. 5 SENATOR WINNER: Senator Foley, 6 can you cite any examples where there has been 7 defective work or problems that have required 8 the necessity of having this licensure with 9 any specificity? Are there school districts, 10 for instance, in Chemung County or in Steuben 11 County or Schuyler County or in my district 12 that have been subject to shoddy work and 13 dangerous circumstances because of the failure 14 to have these people on the job? 15 SENATOR FOLEY: Through you, 16 Mr. President, I can in fact speak to examples 17 in another part or region of the state, in our 18 region, where shoddy workmanship in fact did 19 occur. And that's why we're putting the bill 20 forward, so that on those projects -- not, 21 let's say, regular work done on a day in, day 22 out basis, as Senator Padavan had mentioned -- 23 but for those projects that are $10,000 or 24 above would require a licensed electrician, a 25 licensed plumber to do the work or to

Candyco Transcription Service, Inc. 1 supervise the work. 2 To answer Senator Winner's 3 question, there have been a number of examples 4 in our part of the state where that type of 5 shoddy workmanship has occurred, and therefore 6 the school district had to revisit that work 7 and in so doing incur an even greater cost 8 than if a licensed plumber or electrician was 9 used in the first instance. 10 So I don't have any examples, 11 Senator Winner, in your particular part of the 12 state but I have examples in other parts of 13 the state, and that's why we put the bill 14 forward. 15 SENATOR WINNER: Will the Senator 16 yield, briefly. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Foley, will you yield for another 19 question? 20 SENATOR FOLEY: Yes. Yes. 21 SENATOR WINNER: Senator, Senator 22 Ranzenhofer pointed out that this would be an 23 unfunded mandate on school districts. Do you 24 have any kind of estimate as to how much money 25 this is going to cost school districts

Candyco Transcription Service, Inc. 1 statewide as a result of having to comply with 2 this measure? 3 SENATOR FOLEY: Yeah, I think 4 this is, at most, a de minimis impact for 5 school districts. 6 As I say, those who would use a 7 licensed electrician or plumber, let's say, at 8 the initial project would in fact in some 9 cases or in a number of cases save money in 10 the long run. 11 Because as I've said before, there 12 have been occasions where workmanship was done 13 by unlicensed plumbers, unlicensed 14 electricians, the school district had to 15 revisit that work, which became a more 16 expensive project than if they hired qualified 17 workers when the work was originally done. 18 SENATOR WINNER: Would the 19 Senator yield. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator, do you yield? 22 SENATOR WINNER: Senator, again, 23 do you have any instances where you can make 24 that allegation or allegation as it relates to 25 districts upstate where the -- for instance,

Candyco Transcription Service, Inc. 1 we represent -- I know you said that maybe 2 you've got some circumstances in Suffolk 3 County, but it's my understanding even down 4 there it's somewhat fractured as to whether or 5 not they think that this is a great idea or 6 whether it isn't a great idea. 7 And also if you would comment as to 8 the fact that there are numerous local 9 licensing requirements throughout the state 10 that now are not at all uniform -- and this 11 further exacerbates that circumstance, does it 12 not? 13 SENATOR FOLEY: Well, when you 14 look at the specifics of the bill, Senator 15 Winner, if a municipality does not require a 16 license then they would not have to comply 17 with this particular law or proposal. 18 This law pertains to those 19 municipalities that do require licenses. 20 SENATOR WINNER: On the bill 21 briefly, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Winner, on the bill. 24 SENATOR WINNER: This again, as 25 Senator Ranzenhofer pointed out, is an

Candyco Transcription Service, Inc. 1 unfunded mandate that will cost our upstate 2 school districts money at a time when we're 3 cutting school aid, where we are costing 4 them -- we are not dealing with mandate 5 relief. 6 And I think it flies in the face of 7 our representations that we are in fact trying 8 to prevent unfunded mandates from going 9 forward on our school districts. 10 And therefore, Mr. President, I 11 think that this is an unwise measure and 12 should not be passed. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Thank you, Senator Winner. 15 Are there any other Senators 16 wishing to be heard on the bill? 17 Hearing none, debate is closed. 18 The Secretary will please ring the bells. 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Saland, to explain his vote. 2 SENATOR SALAND: Thank you, 3 Mr. President. 4 Mr. President, this measure is 5 opposed by both the School Boards Association 6 as well as the school superintendents. In all 7 of my years of service, I've yet to have a 8 school superintendent or school board member 9 or anybody, for that matter, discuss a need 10 for this particular type of legislation. 11 In a session that certainly will be 12 marked by very steep, staggeringly steep cuts 13 in aid to education, also marred by rejection 14 of the Governor's four-year moratorium on 15 unfunded mandates, we rather blithely are 16 setting about imposing another unfunded 17 mandate on school districts -- one which they, 18 with virtual unanimity, oppose, as we hear 19 from their representatives. 20 So I'm rather puzzled by the 21 driving need for this. As I believe I may 22 have said, I've never had a complaint from a 23 school district, from a school superintendent, 24 from a building principal that they had a 25 shoddy workmanship problem requiring them to

Candyco Transcription Service, Inc. 1 resort to master plumbers or licensed 2 electricians necessitating passage of this 3 type of legislation. 4 Ladies and gentlemen, this is a 5 bill in pursuit of a problem that does not 6 really exist and is a burden on our local 7 school districts and should be defeated. I 8 vote in the negative. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Saland to be recorded in the negative. 11 Senator Farley, to explain his 12 vote. 13 SENATOR FARLEY: If there's 14 anything in my district that people hate, it's 15 mandates. That's all I hear, from the school 16 districts and everything else, is mandates. 17 Basically they say, Get out of my face with 18 your mandates. 19 This is perceived as a mandate, I 20 don't care how you slice it. This is a bad 21 vote, and I vote no. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Farley to be recorded in the negative. 24 Senator Foley, to explain his vote. 25 SENATOR FOLEY: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 As was stated earlier in this 3 debate, work below $10,000 will be done, let's 4 say, by the in-house plumber or electrician. 5 So that particular concern has been met. 6 Additionally, with the second 7 amendment that we've made to the bill, it 8 should be noted for the record, Mr. President, 9 that the New York State Association for 10 superintendents of School Buildings and 11 Grounds have in fact rescinded their 12 opposition to the bill because we have put in 13 the $10,000 threshold. I think that's very 14 important to note for the record. 15 Additionally, the School Boards 16 association of the State of New York had made 17 their principal opposition to the bill because 18 the original bill spoke about every repair 19 would have to be undertaken by a licensed 20 electrician or plumber. That has been removed 21 with the $10,000 threshold. 22 So those what I would call 23 constructive criticisms have been addressed in 24 the amendments, and that's why in the one case 25 the superintendents of grounds have rescinded

Candyco Transcription Service, Inc. 1 their opposition. And the principal 2 opposition by the School Boards Association 3 has also been addressed through the amendment 4 process. 5 Thank you, Mr. President. I vote 6 in the affirmative. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Foley to be recorded in the 9 affirmative. 10 Senator DeFrancisco, to explain his 11 vote. 12 SENATOR DeFRANCISCO: There seems 13 to be a pattern that's developed over the last 14 couple of years to correct problems that don't 15 exist and give a justification for the 16 correction of the problems that don't exist by 17 something that has nothing to do with the 18 alleged problem. 19 This is a perfect example. I mean, 20 if there's no problems, there's never been an 21 instance that anyone can cite, especially the 22 sponsor, that there's been some shoddy 23 workmanship or some problem, safety problem or 24 otherwise, we're going to provide a 25 requirement on the school districts. Of

Candyco Transcription Service, Inc. 1 course they're going to be opposed to it. 2 And then you tweak the bill, like 3 Senator Foley did, so it's less onerous, 4 you've got an exception to a bill that isn't 5 needed in the first place so you can make it 6 pass in some form. 7 So this is not the way to 8 legislate, especially when we are causing 9 financial hardship to school districts who 10 certainly cannot bear any more financial 11 hardship than they presently have. I vote no. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator DeFrancisco to be recorded in the 14 negative. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1137 are 18 Senators Bonacic, DeFrancisco, Farley, Larkin, 19 Leibell, Little, Oppenheimer, Ranzenhofer, 20 Saland, Seward, Skelos, Volker, Winner and 21 Young. 22 Ayes, 47. Nays, 14. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1320, by Senator Savino, Senate Print 8380, an 2 act to amend the Labor Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Are there any Senators wishing to be heard on 5 the bill? 6 Hearing none, debate is closed. 7 The Secretary will please ring the bells. 8 Read the last section. 9 THE SECRETARY: Section 17. 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 Senator Savino, to explain her vote. 16 SENATOR SAVINO: Thank you, 17 Mr. President. 18 I'm actually surprised that there 19 was no explanation requested for the bill, 20 because I came prepared with quite a lot. But 21 since I only have two minutes, I'll try and do 22 this quickly. 23 The Wage Theft Prevention Act of 24 2010 sets forth a series of interlocking, 25 strategic, narrow reforms that target bad

Candyco Transcription Service, Inc. 1 actors and the unfair uncompetitive edge they 2 hold over businesses that follow the law and 3 ensure that stolen wages flow back for New 4 York's working families and their communities. 5 A recent report by the National 6 Employment Law Project found in that New York 7 City's low-wage workforce they experience more 8 than $18 million in wage violations each week, 9 or up to a billion dollars a year. According 10 to the report, more than 300,000 low-wage 11 workers in New York City suffer wage 12 violations each week. What we have are a 13 series of employers -- in New York City 14 particularly, but all around the State of 15 New York -- who cheat workers out of their 16 wages -- 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Can we please have some order in the chamber 19 so Senator Savino can explain her vote. 20 SENATOR SAVINO: They cheat 21 workers out of hourly wages, not compensating 22 them the minimum wage when they're entitled to 23 it, not handing tips over to them when they're 24 entitled to it, not compensating them for 25 overtime that they've performed, cheating the

Candyco Transcription Service, Inc. 1 workers' compensation system, cheating the 2 unemployment insurance system, cheating New 3 York State's Department of Taxation and 4 Finance. 5 This bill will put real teeth into 6 the law so that the Department of Labor can 7 now prosecute those bad actors and eliminate 8 the unfair competition they have over good 9 employers in New York State. 10 I strongly urge everyone to vote 11 for this bill. Small businesses support it, 12 large businesses support it, editorial boards 13 support it, even the Catholic Conference 14 supports it. This is a good bill for New York 15 State's low-wage workers. We can finally give 16 them the justice that they deserve. 17 Thank you. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Savino to be recorded in the 20 affirmative. 21 Senator Stavisky, to explain her 22 vote. 23 SENATOR STAVISKY: Thank you, 24 Mr. President. 25 Thank you, Senator Savino, for

Candyco Transcription Service, Inc. 1 introducing this bill. We stood together not 2 very long ago on the streets of Queens County 3 and talked about these issues. And let me put 4 a different face on it. 5 In my district we've had a lot of 6 supermarkets that have closed, supermarkets 7 whom long-time residents -- supermarkets that 8 people rely upon. And why have they closed? 9 Because there are supermarkets that are 10 undercutting on wages, on benefits, on 11 exacting long hours and not providing the 12 proper kind of compensation. 13 And it's for these reasons, it's to 14 protect many, many immigrants and new 15 Americans, that this type of legislation is 16 needed. And I strongly urge my colleagues, 17 when they go into a supermarket, to look 18 around and think these workers, these people 19 who put the food on the shelves and cut the 20 meat, et cetera, that they are entitled to a 21 living, fair wage. 22 I vote aye. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Stavisky to be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 1320 are 4 Senators Alesi, Bonacic, DeFrancisco, Farley, 5 Flanagan, Fuschillo, Golden, Griffo, Hannon, 6 O. Johnson, Lanza, Larkin, LaValle, Leibell, 7 Libous, Little, Marcellino, Maziarz, McDonald, 8 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 9 Skelos, Volker, Winner and Young. 10 Ayes, 33. Nays, 28. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, 15 could you please call on Senator Ruth 16 Hassell-Thompson. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Hassell-Thompson. 19 SENATOR KLEIN: I'm sorry, before 20 I do that, I need to do substitutions. I 21 apologize. 22 I believe that there are 23 substitutions at the desk. I ask that we make 24 them at this time. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Returning to motions and substitutions, the 2 Secretary will read. 3 THE SECRETARY: On page 21, 4 Senator Klein moves to discharge, from the 5 Committee on Rules, Assembly Bill Number 10048 6 and substitute it for the identical Senate 7 Bill Number 1858, Third Reading Calendar 767. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Substitution ordered. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 can you now call on Senator Hassell-Thompson. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Mr. President. 17 I would like to announce that there 18 will be an immediate meeting of the Majority 19 in Room 332. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 There will be an immediate meeting of the 22 Majority Conference in the Majority Conference 23 Room, Room 332. 24 SENATOR KLEIN: Would you please 25 recognize Senator Libous, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Libous. 3 SENATOR LIBOUS: And there will 4 be a not-as-immediate Republican conference in 5 the Republican Conference Room. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 There will be a not-so-immediate meeting of 8 the Republican Conference in the Republican 9 Conference Room. 10 Senator Klein. 11 SENATOR KLEIN: In the interim, 12 can we please stand at ease. Hopefully we can 13 return in about an hour, so five after 10:00. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The Senate will stand at ease for 16 approximately one hour, the Senate to return 17 at 10:05. 18 The Senate is at ease. 19 (Whereupon, the Senate stood at 20 ease at 9:07 p.m.) 21 (Whereupon, the Senate reconvened 22 at 11:07 p.m.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Klein. 25 SENATOR KLEIN: Mr. President,

Candyco Transcription Service, Inc. 1 there's a Resolution Calendar at the desk. I 2 move for its immediate adoption. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 There is a Resolution Calendar at the desk. 5 All those in favor of adopting the 6 Resolution Calendar please indicate by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Resolution Calendar is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, 16 there will be an immediate meeting of the 17 Finance Committee, followed by a meeting of 18 the Rules Committee in the Majority Conference 19 Room. 20 Pending the return of the Rules 21 Committee, may we please stand at ease. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 There will be an immediate meeting of the 24 Finance Committee, followed by a immediate 25 meeting of the Rules Committee in the Majority

Candyco Transcription Service, Inc. 1 Conference Room. 2 Until then, the Senate will stand 3 at ease. 4 (Whereupon, the Senate stood at 5 ease at 11:08 p.m.) 6 (Whereupon, the Senate reconvened 7 at 11:51 p.m.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 believe there's a report of the Rules 12 Committee at the desk. I move we adopt the 13 report at this time. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 There is a report of the Rules Committee at 16 the desk. 17 The Secretary will read. 18 THE SECRETARY: Senator Smith, 19 from the Committee on Rules, reports the 20 following bills: 21 Senate Print 5901, by Senator 22 McDonald, an act authorizing; 23 7803, by Senator Peralta, an act to 24 amend the Tax Law; 25 8022, by Senator Hassell-Thompson,

Candyco Transcription Service, Inc. 1 an act to amend the Correction Law; 2 8047, by Senator O. Johnson, an act 3 to authorize; 4 8061, by Senator Aubertine, an act 5 to amend the Environmental Conservation Law; 6 8190, by Senator Thompson, an act 7 to amend the Tax Law; 8 8228, by Senator Hassell-Thompson, 9 an act to amend the Correction Law; 10 8317, by Senator Hassell-Thompson, 11 an act to amend the Correction Law; 12 8339, by Senator Perkins, an act to 13 amend the Public Authorities Law; 14 8340A, by the Senate Committee on 15 Rules, an act to amend the Arts and Cultural 16 Affairs Law; 17 8364, by Senator Montgomery, an act 18 authorizing; 19 8367, by Senator Stewart-Cousins, 20 an act to authorize the City of Newburgh; 21 8412, by Senator Klein, an act to 22 amend the Civil Service Law; 23 8421, by the Senate Committee on 24 Rules, an act to amend a chapter of the Laws 25 of 2010;

Candyco Transcription Service, Inc. 1 8422, by the Senate Committee on 2 Rules, an act to amend part JJ of Chapter 56 3 of the Laws of 2010; 4 8374, by Senator Breslin, an act to 5 amend the Insurance Law; 6 8404, by Senator C. Kruger, an act 7 to amend a chapter of the Laws of 2010; 8 And Senate Print 8420, by Senator 9 Stachowski, an act to amend the Education Law. 10 All bills ordered direct to third 11 reading. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 All those in favor of adopting the Rules 14 Committee report please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Opposed, nay. 18 (Response of "Nay.") 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The Rules Committee report is adopted. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 can we please return to the order of messages 24 from the Assembly. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Returning to the order of messages from the 2 Assembly, the Secretary will read. 3 THE SECRETARY: The Assembly sent 4 for concurrence the following bill: On motion 5 of Mr. Smith, and by unanimous consent, the 6 rules were suspended and said bill ordered to 7 a third reading: Assembly Bill Number 11523. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 1421, by the Assembly Committee on Rules, 12 Assembly Print Number 11523, an act to amend 13 the Economic Development Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall -- 18 SENATOR LIBOUS: Lay it aside. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside. 21 SENATOR KLEIN: Mr. President, 22 lay the bill aside for the day, please. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is laid aside for the day. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, at 2 this time can we please take up the reading of 3 Supplemental Calendar 74B. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1406, by Senator McDonald, Senate Print 5901, 8 an act authorizing the County of Saratoga to 9 discontinue. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 There is no home-rule message at the desk. 12 Therefore, the bill will be laid aside for the 13 day. 14 THE SECRETARY: In relation to 15 Calendar Number 1407, Senator Peralta moves to 16 discharge, from the Committee on 17 Investigations and Government Operations, 18 Assembly Bill Number 3577B and substitute it 19 for the identical Senate Bill Number 7803, 20 Third Reading Calendar 1407. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 1407, by Member of the Assembly Aubry, 25 Assembly Print Number 3577B, an act to amend

Candyco Transcription Service, Inc. 1 the Tax Law and the State Finance Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1408, Senator Hassell-Thompson 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 11330A and 18 substitute it for the identical Senate Bill 19 Number 8022, Third Reading Calendar 1408. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1408, by the Assembly Committee on Rules, 24 Assembly Print Number 11330A, an act to amend 25 the Correction Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Announce the results. 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 1409, by Senator O. Johnson, Senate Print 15 8047, an act to authorize the Commissioner of 16 General Services. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 1410, by Senator Aubertine, Senate Print 8061, 6 an act to amend the Environmental Conservation 7 Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 SENATOR LIBOUS: Lay it aside. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is laid aside. 20 THE SECRETARY: Calendar Number 21 1411, by Senator Thompson, Senate Print 8190, 22 an act to amend the Tax Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2.

Candyco Transcription Service, Inc. 1 This -- 2 SENATOR DeFRANCISCO: Lay it 3 aside. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is laid aside. 6 THE SECRETARY: In relation to 7 Calendar Number 1412, Senator Hassell-Thompson 8 moves to discharge, from the Committee on 9 Rules, Assembly Bill Number 11391 and 10 substitute it for the identical Senate Bill 11 Number 8228, Third Reading Calendar 1412. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Substitution ordered. 14 THE SECRETARY: Calendar Number 15 1412, by the Assembly Committee on Rules, 16 Assembly Print Number 11391, an act to amend 17 the Correction Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Hassell-Thompson, to explain her vote. 2 SENATOR HASSELL-THOMPSON: Thank 3 you, Mr. President. 4 The reason that I brought this bill 5 forward is to expand the eligibility for the 6 shock incarceration programs. I think all of 7 you are aware that this year there was a 8 proposal to close Moriah Shock. And in an 9 effort to take a relook at that facility, we 10 have discovered that the numbers of inmates 11 that would normally go to a shock facility 12 have been minimized by the limited sentencing 13 that is required. 14 So that what we are proposing is 15 that we expand the eligibility for shock to 16 allow second nonviolent offenders who have 17 been in prison previously for a nonviolent 18 offense to be reviewed by the Department of 19 Correctional Services for the shock program. 20 This will go a long way toward helping to keep 21 our shock facilities not only open but will 22 provide an intensive boot camp program for 23 both male and female inmates convicted of 24 nonviolent offenses. 25 Therefore, I hope that my

Candyco Transcription Service, Inc. 1 colleagues will give consideration to this 2 bill and assist me in its passage. Thank you. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Hassell-Thompson to be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1412 are 9 Senators Alesi, Bonacic, Flanagan, Fuschillo, 10 Golden, Griffo, Lanza, Larkin, Flanagan, 11 Leibell, Libous, Marcellino, Ranzenhofer, 12 Robach, Saland and Skelos. Also Senator 13 DeFrancisco. Also Senator Seward. Also 14 Senator O. Johnson. 15 Ayes, 42. Nays, 19. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1413, Senator Hassell-Thompson 20 moves to -- 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Secretary, one second. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at 25 this time I move to hold session between the

Candyco Transcription Service, Inc. 1 hours of 12:00 a.m. and 8:00 a.m. on July 1, 2 2010, under Senate Rule 5, Section 2. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 All those in favor of holding session on July 5 1, 2010, between the hours of 12:00 a.m. and 6 8:00 a.m. please signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Opposed, nay. 10 (Response of "Nay.") 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senate session is authorized by a majority 13 vote of all members elected between the hours 14 of 12:00 a.m. and 8:00 a.m. on July 1, 2010. 15 Senator Bonacic. 16 SENATOR BONACIC: Now that we 17 know that it's 12:01 on July 1st and we're all 18 in a festive mood, I'd like to tell you that 19 this is Senator Fuschillo's birthday now. 20 (Applause.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Happy birthday, Senator Fuschillo. You don't 23 look a day over 21. 24 The Secretary will continue to 25 read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 1413, Senator Hassell-Thompson 3 moves to discharge, from the Committee on 4 Rules, Assembly Bill Number 10061 and 5 substitute it for the identical Senate Bill 6 Number 8317, Third Reading Calendar 1413. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Substitution ordered. 9 THE SECRETARY: Calendar Number 10 1413, by Member of the Assembly Aubry, 11 Assembly Print Number 10061, an act to amend 12 the Correction Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1414, Senator Perkins moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 11546 and substitute it 4 for the identical Senate Bill Number 8339, 5 Third Reading Calendar 1414. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1414, by the Assembly Committee on Rules, 10 Assembly Print Number 11546, an act to amend 11 the Public Authorities Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1415, by the Senate Committee on Rules, Senate

Candyco Transcription Service, Inc. 1 Print Number 8340A, an act to amend the Arts 2 and Cultural Affairs Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, is 6 there a message of necessity at the desk? 7 ACTING PRESIDENT CRAIG JOHNSON: 8 There is a message of necessity at the desk, 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 move to accept the message at this time. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The question is on the acceptance of the 14 message of necessity. All those in favor 15 please signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The message of necessity is accepted. 22 Read the last section. 23 THE SECRETARY: Section 12. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 Senator Squadron, to explain his 6 vote. 7 SENATOR SQUADRON: Thank you very 8 much, Mr. President. 9 This bill is another unfortunate 10 extender in an unfortunate experiment that 11 hasn't worked. It's a complicated issue, the 12 issue of ticket reselling and how best to make 13 this market work for regular folks, for 14 families who are too often priced out of the 15 ballgame, for young people who want to go see 16 a concert or take their child to go see 17 The Wiggles. 18 And the problem is we've been doing 19 this in this state now for three years and it 20 hasn't been working. We know that when Bruce 21 Springsteen comes into the state and tries to 22 sell tickets for a highest price of $95 and 23 instead folks who go to buy those tickets get 24 redirected to a secondary seller who 25 price-gouges them so that families and

Candyco Transcription Service, Inc. 1 individuals can't afford that show. 2 The fact is this bill doesn't do 3 what we need to do to protect consumers, it 4 doesn't do what we need to do to keep ticket 5 prices down. In fact, what it does is it 6 gives a welcome sign yet again to deceptive 7 marketing practices, to collusion and to 8 unfair business practices that hurt regular 9 folks and make it impossible to affordably see 10 shows or events in this state. 11 That's why I'm going to vote no, 12 Mr. President. Hopefully eight months from 13 now we can do better. Certainly in the last 14 year we haven't figured out how to do 15 significantly better. Hopefully this is our 16 opportunity. 17 I'll vote no, Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Squadron to be recorded in the 20 negative. 21 Announce the results. 22 THE SECRETARY: Ayes, 59. Nays, 23 2. Senators C. Kruger and Squadron recorded 24 in the negative. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 1416, by Senator Montgomery, Senate Print 4 8364, an act to authorizing the Commissioner 5 of General Services. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 SENATOR GOLDEN: Lay it aside. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside. 16 THE SECRETARY: Calendar Number 17 1417, by Senator Stewart-Cousins, Senate Print 18 8367, an act to authorize the City of 19 Newburgh. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 There is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 19. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1418, by Senator Klein, Senate Print 8412, an 10 act to amend the Civil Service Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, is 14 there a message of necessity and appropriation 15 at the desk? 16 ACTING PRESIDENT CRAIG JOHNSON: 17 There is a message of necessity and 18 appropriation at the desk. 19 SENATOR KLEIN: Mr. President, I 20 move we accept the message at this time. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The question is on the acceptance of the 23 message of necessity and appropriation. All 24 those in favor please signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The message is accepted. 6 Read the last section. 7 THE SECRETARY: Section 28. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1419, by the Senate Committee on Rules, Senate 19 Print 8421, an act to amend a chapter of the 20 Laws of 2010 enacting the Education, Labor and 21 Family Assistance Budget. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, is 25 there a message of necessity and appropriation

Candyco Transcription Service, Inc. 1 at the desk? 2 ACTING PRESIDENT CRAIG JOHNSON: 3 There is a message of necessity and 4 appropriation at the desk, Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 move we accept the message at this time. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The question is on the acceptance of the 9 message of necessity and appropriation. All 10 those in favor please signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The message is accepted. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Ayes --

Candyco Transcription Service, Inc. 1 SENATOR HANNON: Lay it aside. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is laid aside. 4 SENATOR HANNON: Wait, I withdraw 5 it. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The lay-aside is withdrawn. 8 Read the last section. 9 THE SECRETARY: In relation to 10 Calendar Number 1419: Section 2. This act 11 shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1420, by the Senate Committee on Rules, Senate 22 Print Number 8422, an act to amend Part JJ of 23 Chapter 56 of the Laws of 2010 relating to 24 authorizing certain payments and transfers. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, is 3 there a message of necessity at the desk? 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein, there is a message of necessity 6 at the desk. 7 SENATOR KLEIN: I move we accept 8 the message of necessity at this time. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The question is on the acceptance of the 11 message of necessity. All those in favor 12 please signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Message is accepted. 19 Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 1422, by Senator Breslin, Senate Print 8374, 7 an act to amend the Insurance Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1423, by Senator C. Kruger, Senate Print 8404, 22 an act to amend a chapter of the Laws of 2010. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is high. The bill will be laid aside 25 for the day.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1424, by Senator Stachowski, Senate Print 3 8420, an act to amend the Education Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, is 7 there a message of necessity at the desk? 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein, there is a message of necessity 10 at the desk. 11 SENATOR KLEIN: I move we accept 12 the message of necessity at this time. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The question is on the acceptance of the 15 message of necessity. All those in favor 16 please signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The message is accepted. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Stachowski, to explain his vote. 6 SENATOR STACHOWSKI: Yeah, just 7 briefly, Mr. President, I'd like to thank a 8 lot of the people that were involved in 9 putting this bill together. 10 As you know, all the states in the 11 nation are trying to put together a bill to 12 deal with head injuries. And in this state we 13 had a group of legislators all working on 14 this. And I'd like to thank Senator Hannon, 15 Senator Foley, Senator Squadron in particular. 16 We had a roundtable, we had help from experts. 17 And of course I'd like to thank the 18 Governor for his involvement. He had 19 exchanges with the commissioner of the 20 National Football League to try to get us to 21 push this bill and get it done before session 22 ended because they're trying to encourage 23 everybody to get something in place to deal 24 with the serious problem of minor traumatic 25 brain injuries and the possible repercussions

Candyco Transcription Service, Inc. 1 of them if not treated properly. 2 So we think we have put together 3 what we believe is the best bill so far that 4 we've seen out of any state in the country, 5 and I'd just like to thank all of my 6 colleagues for helping put this together and 7 make this happen, and in particular help the 8 Governor. 9 Thank you. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Thank you, Senator Stachowski. 12 Senator Stachowski will be recorded 13 in the affirmative. 14 Announce the results. 15 THE SECRETARY: Ayes, 61. Nays, 16 0. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 Senator Klein, that completes the 20 noncontroversial supplemental calendar. 21 SENATOR KLEIN: Please recognize 22 Senator Libous. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Libous. 25 SENATOR LIBOUS: Mr. President, I

Candyco Transcription Service, Inc. 1 would like to withdraw the lay-aside on 2 Calendar Number 1410 and ask you to take it 3 back to regular reading. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Sure. The lay-aside has been removed from 6 Calendar Number 1410. It will now be placed 7 on the noncontroversial supplemental calendar. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1410, by Senator Aubertine, Senate Print 8061, 11 an act to amend the Environmental Conservation 12 Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 Senator Klein, that now completes

Candyco Transcription Service, Inc. 1 the noncontroversial supplemental calendar. 2 SENATOR KLEIN: Mr. President, 3 can we please go to a reading of the 4 controversial supplemental calendar. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The Secretary will ring the bells. All 7 members are now invited to come back into the 8 chamber for the reading of the controversial 9 supplemental calendar. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 1411, by Senator Thompson, Senate Print 8190, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: I have a 17 question of the sponsor. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator DeFrancisco, one moment please. 20 We're going to lay the bill aside 21 temporarily. 22 The bill is now back before the 23 house. 24 Senator Thompson, Senator 25 DeFrancisco requests you to yield for some

Candyco Transcription Service, Inc. 1 questions. Do you yield? 2 SENATOR THOMPSON: Absolutely. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator DeFrancisco, Senator Thompson yields. 5 SENATOR DeFRANCISCO: Senator 6 Thompson, I think everybody would love to see 7 the development of solar energy and tax 8 credits to provide that energy. Can you tell 9 me what the fiscal impact is on this 10 particular piece of legislation? 11 SENATOR THOMPSON: There will be 12 a financial plan of fiscal impact in the 13 future. I don't have that number in front of 14 me, but I can get back to you in a few 15 minutes. 16 SENATOR DeFRANCISCO: Would 17 Senator Thompson yield to another question. 18 SENATOR THOMPSON: Sure. 19 SENATOR DeFRANCISCO: Would you 20 please tell me, if we don't know the fiscal 21 impact and obviously it's not been provided 22 for in this budget or the part of the budget 23 that we've proposed -- the part of the budget 24 that we voted on, and I don't think it's in 25 the other part that we didn't vote on yet in

Candyco Transcription Service, Inc. 1 this bifurcated or trifurcated or 2 quadruplicated process, wouldn't it make sense 3 to lay this bill aside until we know the 4 fiscal impact and what it's going to do to our 5 budget? 6 SENATOR THOMPSON: Through you, 7 Mr. President. I think that one of the things 8 that we've tried to do this year, at least 9 over the last couple of days, is to support a 10 number of initiatives to grow green business 11 in the state. And I'm certain that you're 12 aware that there are a number of people that 13 are supporting efforts to grow the solar 14 industry in the State of New York. 15 So I think this is a very good bill 16 that warrants support to continue the growth 17 and development of the solar industry in the 18 State of New York. 19 SENATOR DeFRANCISCO: Thank you. 20 On the bill. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator DeFrancisco, on the bill. 23 SENATOR DeFRANCISCO: I'm going 24 to vote no. Solar energy is a wonderful 25 thing. We should encourage it. We should

Candyco Transcription Service, Inc. 1 have a lot of tax credits for a lot of 2 different things. But if there's no money for 3 the tax credits, then it makes little sense. 4 Or if we don't even know the fiscal impact at 5 this time of concern over the budget, it seems 6 a little bit silly, to put it mildly, to vote 7 on a bill like this without having the money 8 behind it. 9 So I'm going to vote no because of 10 the unknown fiscal implications and no money 11 being set aside for it. Thank you. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator DeFrancisco to be recorded in the 14 negative. 15 Are there any other Senators 16 wishing to be heard? 17 Hearing none, debate is closed. 18 The Secretary will ring the bells. All 19 members please come back into the chamber. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Announce the results. 3 THE SECRETARY: Ayes, 59. Nays, 4 2. Senators DeFrancisco and Volker recorded 5 in the negative. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1416, by Senator Montgomery, Senate Print 10 8364, an act authorizing the Commissioner of 11 General Services. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Golden, why do you rise? 14 SENATOR GOLDEN: Explanation, 15 please. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Montgomery, Senator Golden has 18 requested an explanation. 19 Senator Montgomery. 20 SENATOR MONTGOMERY: Yes, 21 Mr. President. I've been asked for an 22 explanation of this bill? 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Yes, Senator. 25 SENATOR MONTGOMERY: This

Candyco Transcription Service, Inc. 1 authorizes the Commissioner of General 2 Services to sell and convey a building that 3 has been abandoned for some 20-odd or more 4 years that is in the Borough of Brooklyn, in 5 the County of Queens. It's located at 1024 6 Fulton Street. 7 It has been vacant and is now 8 pretty much beyond repair, and so we're asking 9 OGS, with the concurrence of OCFS, to convey 10 that building to an organization that wishes 11 to build senior housing that is really a 12 mixed-use program for senior housing and a 13 youth recreational facility attached to it. 14 SENATOR GOLDEN: Thank you, 15 Senator. 16 Through you, Mr. President, the CNR 17 Housing Development Fund, what is that? 18 SENATOR MONTGOMERY: The CNR 19 Housing Development Fund is an organization 20 that currently provides nursing home 21 rehabilitation care for the elderly. They 22 also provide housing for the elderly and 23 disabled. 24 They have several facilities. Two 25 of their residential buildings are in the

Candyco Transcription Service, Inc. 1 Bronx, and I believe they have a health 2 facility in Queens and a nursing and 3 rehabilitation center in Brooklyn. 4 SENATOR GOLDEN: Thank you, 5 Senator. 6 Last question, Mr. President, is 7 this city-owned property or state-owned 8 property? 9 SENATOR MONTGOMERY: Mr. 10 President, through you, this is state-owned. 11 That's why we're asking the commissioner of 12 the Office of General Services. 13 SENATOR GOLDEN: The only reason, 14 I got a question from the city asking if this 15 was state-owned or city-owned. That was the 16 reason I'm asking the question. 17 SENATOR MONTGOMERY: It's 18 state-owned. 19 SENATOR GOLDEN: Thank you. 20 SENATOR MONTGOMERY: Thank you. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Diaz, why do you rise? 23 SENATOR DIAZ: Mr. President, 24 would the sponsor yield for a question. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Montgomery, will you yield for a 2 question from Senator Diaz? 3 SENATOR MONTGOMERY: Yes, 4 Mr. President. 5 SENATOR DIAZ: Senator 6 Montgomery, I heard you mention property in 7 the Bronx. But it's not in here, it is not in 8 the bill. So why -- 9 SENATOR MONTGOMERY: No, this 10 bill has nothing to do with their property in 11 the Bronx. 12 I was simply using an example 13 because Senator Golden asked me what kind of 14 organization it was, and I was explaining to 15 him that they have properties in the Bronx 16 that they have developed, it's housing for the 17 elderly. They have a rehabilitation center 18 for the elderly in Brooklyn. They do have a 19 health facility in Queens. So that's all. 20 But this only has to do with the 21 property that they wish to develop housing 22 with in the Borough of Brooklyn. 23 SENATOR DIAZ: Thank you, 24 Mr. President. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Thank you, Senator Diaz. 2 Any other Senators wishing to be 3 heard? 4 Hearing none, the debate is closed. 5 The Secretary will please ring the bells. 6 Read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 Senator Klein, that completes the 18 reading of the controversial supplemental 19 calendar. 20 SENATOR KLEIN: Mr. President, 21 can we briefly return to motions and 22 resolutions. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Returning to motions and resolutions. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, on 2 behalf of Senator Thompson, on page number 29 3 I offer the following amendments to Calendar 4 Number 1174, Senate Print Number 8280, and ask 5 that said bill retain its place on Third 6 Reading Calendar. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 So ordered. 9 SENATOR KLEIN: Mr. President, 10 can we please go to the supplemental active 11 list and take up Calendar Number 1091. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1091, by Member of the Assembly Kellner, 16 Assembly Print Number 9465A, an act to amend 17 the Public Authorities Law. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Announce the results. 2 THE SECRETARY: Ayes, 60. Nays, 3 1. Senator Huntley recorded in the negative. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is passed. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 once again, can we take up the supplemental 9 active list. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1292, by the Senate Committee on Rules, Senate 14 Print 8381, an act to repeal Section 25-b of 15 Part A of a chapter of the laws of 2010. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 SENATOR LIBOUS: Lay the bill 19 aside. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is laid aside. 22 Senator Klein, that completes the 23 reading of the noncontroversial supplemental 24 active list. 25 SENATOR KLEIN: Mr. President, at

Candyco Transcription Service, Inc. 1 this time can we please take up the reading of 2 the controversial supplemental active list. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The Secretary will ring the bell. Members are 5 all asked to come to the chamber for the 6 reading of the controversial supplemental 7 active list. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1292, by the Senate Committee on Rules, Senate 11 Print 8381, an act to repeal Section 25-b of 12 Part A of a chapter of the Laws of 2010. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Flanagan. 15 SENATOR FLANAGAN: Mr. President, 16 would Senator Kruger yield to some questions. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Klein. 19 SENATOR KLEIN: I'll be happy to 20 yield, Senator Flanagan. 21 SENATOR FLANAGAN: Senator Klein, 22 thank you. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Flanagan. 25 SENATOR FLANAGAN: Senator Klein,

Candyco Transcription Service, Inc. 1 I do have a couple of basic questions. Let me 2 start by one that may be just too obvious. 3 This is labeled as a technical 4 correction. I don't view this that way; I'm 5 not sure that many others would. But let me 6 start by asking, in light of the fact that 7 this is tied to the education budget which you 8 advanced and was passed -- the Governor has 9 now vetoed that and made it very clear that he 10 was going to do that, and he's followed 11 through with doing that. So why would we be 12 moving ahead with a bill that's a technical 13 correction to something that's already been 14 vetoed? 15 SENATOR KLEIN: Well, one of the 16 agreements we were able to obtain with the 17 Assembly and the Senate and the Governor is 18 that if money was reduced -- and of course 19 this is going to be based on the restorations 20 that were made in the education budget we 21 passed jointly with the Assembly earlier in 22 the week -- is that the money for non-Big Five 23 school districts, those school districts that 24 have already passed their budget, that the 25 money would be mandated for non-high-needs

Candyco Transcription Service, Inc. 1 school districts to be used to lower the tax 2 levy, directly to property tax relief. 3 SENATOR FLANAGAN: Would Senator 4 Klein continue to yield. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Klein, do you continue to yield? 7 SENATOR KLEIN: I'd be happy to 8 yield. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Flanagan. 11 SENATOR FLANAGAN: Who came up 12 with the original plan that would have three 13 tiers, one for low need, one for average need, 14 one for high need? I mean, if you agreed 15 initially that that's what should be done, why 16 was that not in the first bill that we voted 17 on the other day? 18 SENATOR KLEIN: It was negotiated 19 on later that it was a much better idea that 20 being that school districts around the state 21 that passed their budgets in May -- I assume 22 they tightened their belts. Most of the 23 budgets in the State of New York, as you know, 24 passed -- it would make no sense to now turn 25 around and give over that money.

Candyco Transcription Service, Inc. 1 And by the way, under present law, 2 if we gave that money over to them after 3 they've passed their budgets, they'd be 4 required to keep it in the reserve fund. 5 We thought it would be much more 6 beneficial to taxpayers around the State of 7 New York, instead of that money gaining dust 8 in a fund for over a year, to be used now to 9 lower the tax levy on the budget that was just 10 passed by school districts around the state, 11 thus giving taxpayers the ability to see tax 12 savings even before their tax bill comes in 13 October. 14 SENATOR FLANAGAN: Mr. President, 15 if Senator Klein would continue to yield. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein, do you continue to yield? 18 SENATOR KLEIN: I'd be happy to 19 yield. 20 SENATOR FLANAGAN: Senator Klein, 21 I don't agree. Under present law, if we did 22 nothing, school districts basically would have 23 three options. 24 One, if they had put in a dry 25 appropriation assuming that they might get

Candyco Transcription Service, Inc. 1 more state aid, it could be so allocated as a 2 result of the budget passing. 3 The second option is that the money 4 could be put into a reserve fund up to 5 4 percent, as you know. 6 But there's also an option to 7 reduce the property tax levy under existing 8 law. So there's really three options 9 available to school districts if we do 10 nothing. 11 But let me go back, because I want 12 to be clear, as we move ahead, what direction 13 we're taking. You mentioned that this was 14 negotiated with the Assembly, the Senate and 15 the Governor. So is it a fair representation 16 that at least this portion of the education 17 budget is agreed to by the Governor? 18 SENATOR KLEIN: I would hope so. 19 SENATOR FLANAGAN: Could I get 20 clarity? Is that a yes or a no? 21 SENATOR KLEIN: Yes. 22 SENATOR FLANAGAN: Thank you. 23 SENATOR KLEIN: As you know, 24 Senator Flanagan, things are rather fluid and 25 things change around here from day to day.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: I certainly 2 appreciate that. Thank you, Senator Klein. 3 Mr. President, on the bill. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Flanagan, on the bill. 6 SENATOR FLANAGAN: The problem I 7 have with this legislation is that it's 8 reflective of some of the issues that we're 9 dealing with in relation to the budget as a 10 whole and in particular as it focuses on 11 education. 12 Now, we had another opportunity 13 today to deal with a bill by Senator 14 Stewart-Cousins to provide $4 million to 15 Yonkers. The other day we did a bill to 16 Yonkers for about $5 million. Now we're doing 17 a technical correction to the budget for how 18 we're going to distribute money to the school 19 districts. We have another bill that will be 20 coming up that will be a reimbursement to 21 private and parochial schools. 22 It's a piecemeal approach that 23 frankly just doesn't work. It's bad public 24 policy. It's not the way we should be doing 25 things. But I want to go through very quickly

Candyco Transcription Service, Inc. 1 what this sets up. 2 And it sets up an adversarial 3 system, in my opinion, and one that is not 4 beneficial to the property taxpayers. Because 5 if we are going to have a uniform standard, 6 that's what it should be. It should be 7 uniform. 8 Under the original bill that you 9 passed and that we as the Senate Republicans 10 voted against, you created a three-tier 11 system. A high-needs district could get 12 whatever extra money and use it however they 13 want. Then the average-need district would 14 have to use 50 percent for property tax 15 relief, and they could use the other 16 50 percent however they want. Then of course 17 your low-needs district would have to operate 18 under current law, which was just described. 19 Now -- and by the way, I got this 20 information from the State Education 21 Department. Low-needs districts, there are 22 132 of them in the state. Average needs, 335. 23 And high needs, 207. 24 Now with this technical correction, 25 which is apparently supported by the Governor,

Candyco Transcription Service, Inc. 1 you've taken a bad situation and made it 2 slightly better. It's not good, because now 3 we have competition and you could literally 4 have a situation where you will have 5 neighboring districts, one person can live in 6 one block in one school district and another 7 person could live right across the street and 8 be treated differently. 9 Because your high-needs districts 10 are going to have a lot more flexibility. 11 They can now turn around and say we got extra 12 money from the State of New York, we're going 13 to reinstitute programming. We're going to 14 bring back teachers. We're going to add back. 15 And you could have a district right next door 16 that simply is not going to have that option. 17 I believe the prudent way to have 18 done this would have been to create a uniform 19 system so that if the real goal is property 20 tax relief, then everybody should have to 21 operate under the same standard. And frankly, 22 doing it under existing law probably would 23 have been the best course of action because 24 they could have used that to reduce the 25 property tax levy.

Candyco Transcription Service, Inc. 1 So this is not going to help a 2 number of school districts across the State of 3 New York the way you think it is. And it's 4 going to be difficult for certain members to 5 go back to explain to one district versus 6 another that you're now being treated 7 differently from your neighbor. 8 Again, this is not the way we 9 should be approaching things. It's going to 10 create more problems. It's going to raise 11 more questions. And I guess fundamentally we 12 could ask the question, if the whole veto 13 issue has now rendered some of this moot, why 14 are we actually doing this. 15 Mr. President, I plan on voting no 16 and I would encourage my colleagues to vote no 17 as well. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Thank you, Senator Flanagan. 20 Senator Klein. 21 SENATOR KLEIN: I couldn't 22 disagree more with my colleague from Suffolk 23 County. I think the only thing he got correct 24 is that we did change the system. 25 First of all, that according to

Candyco Transcription Service, Inc. 1 present law, school districts can use the 2 money to put in a reserve or reduce the tax 3 levy. There has never been a case in my 4 memory that any school district, when we did 5 pass a late budget and gave them their money, 6 that they did use it to reduce the tax levy. 7 They use it for next year's budget so they can 8 spend more or not cut services. 9 The other piece, as far as 10 delivering the money this year, the 11 Superintendent of Education made it very clear 12 to school districts around the state that they 13 should not count on any money from the state 14 this year. So -- there's virtually every 15 school district in the State of New York 16 assumed they were getting nothing as far as 17 school aid, because the Governor in his budget 18 cut school aid. So now to turn around and 19 give school districts money after they 20 tightened their belts, they made their 21 changes, would be ludicrous. 22 I think in these tough fiscal times 23 when high property taxes is on everyone's 24 mind, the way we can deliver property tax 25 relief is to reduce the levy now.

Candyco Transcription Service, Inc. 1 Again, the high-needs school 2 districts, we are giving them the flexibility 3 to either use the money to actually put in a 4 reserve fund or spend or use to reduce 5 property taxes. I'll be honest with you, 6 probably the high-needs school districts are 7 high-needs school districts for a reason. 8 They probably will use that money and not 9 choose to reduce property taxes. 10 But again, this was based on the 11 restorations that were made to education in 12 the Senate and Assembly budget to the tune of 13 $280 million. So that would be $280 million 14 for property tax relief. That's an awful lot 15 of money to be given to local taxpayers in 16 these tough fiscal times. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Flanagan, why do you rise? 19 SENATOR FLANAGAN: Mr. President, 20 will Senator Klein yield. 21 SENATOR KLEIN: I'd be happy to 22 yield. 23 SENATOR FLANAGAN: Senator Klein, 24 can you point to me where it says in any of 25 this legislation, consistent with what you are

Candyco Transcription Service, Inc. 1 contending that you're doing, that a school 2 district has to use this money for property 3 tax relief and nothing else? 4 SENATOR KLEIN: Again, as I said, 5 not all school districts have to use the money 6 for property tax relief. As I said, it was 7 changed from the original plan, and that's why 8 this is an amendment to the plan in the budget 9 bill that was passed. High-needs school 10 districts have a choice to use the money for 11 property tax relief or spend to restore 12 services or cuts or anything they made in 13 their budget. It's all the other school 14 districts that have to use it to lower the tax 15 levy. 16 SENATOR FLANAGAN: Mr. President, 17 would Senator Klein continue to yield. 18 I'll go back to my question. Show 19 me the language -- 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Let me ask him first if he'll yield, if you 22 wouldn't mind, Senator Flanagan. 23 Senator Klein, will you yield for 24 Senator Flanagan? 25 SENATOR KLEIN: I'll be happy to

Candyco Transcription Service, Inc. 1 yield. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Flanagan. 4 SENATOR FLANAGAN: Would you show 5 us the language that says for those average 6 and low-needs districts you can't use it for a 7 dry appropriation, you can't use it for a 8 reserve fund, the only thing you're allowed to 9 use it for is property tax levy reduction? I 10 don't see that in the bill we passed 11 originally. I certainly don't see it in here. 12 So could you show me where that language is? 13 SENATOR KLEIN: Well, again, 14 through you, Mr. President, presently school 15 districts, again, cannot use the money for 16 anything other than putting it in their 17 reserve funds. That's the way it would go 18 now. 19 You need the Legislature to put in 20 language to allow them to spend it or use it 21 to reduce the tax levy. That's what this 22 legislation does. 23 SENATOR FLANAGAN: Mr. President, 24 would Senator Klein continue to yield. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Klein, will you continue to yield? 2 SENATOR KLEIN: I'll continue to 3 yield. 4 SENATOR FLANAGAN: Senator Klein, 5 I understand what you're saying. My problem 6 is I don't see what you're saying in writing. 7 SENATOR KLEIN: I don't have the 8 original bill with me, but I do have the 9 amended bill. 10 SENATOR FLANAGAN: Well, I 11 actually happen to have the original bill that 12 we passed the other day. And it actually -- 13 the differentiation is in relation to 14 average-needs school districts. It says in 15 that that an average-needs district has to use 16 at least 50 percent to reduce the property tax 17 levy. The other 50 percent they can use as a 18 grant in aid. 19 So under your plan, 467 school 20 districts do not have to -- in fact, all 21 school districts do not have to use this money 22 to reduce property taxes. It doesn't say that 23 specifically anywhere. Unless you can show me 24 specific language that would do that. 25 SENATOR KLEIN: As I said,

Candyco Transcription Service, Inc. 1 Senator, we're repealing the language that was 2 in the original budget bill that repealed the 3 fifty-fifty language. So it's right in the 4 budget. That's what we're doing with this 5 amendment today. 6 So under the original plan when 7 they had the choice to either use -- I'm 8 sorry, not a choice, but 50 percent had to go 9 to reduce the tax levy, the other 50 percent 10 for restorations, we're removing that choice. 11 And now it all goes to reduce the tax levy. 12 SENATOR FLANAGAN: Mr. President, 13 would Senator Klein continue to yield. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein, will you continue to yield? 16 SENATOR KLEIN: Yes. 17 SENATOR FLANAGAN: I don't want 18 to belabor the point; I'll just make this one 19 comment and ask you to respond to it. 20 By repealing that section of law 21 that was passed the other day -- which was 22 vetoed by the Governor -- by repealing that 23 section, we are now basically going back, for 24 two-thirds of the school districts in the 25 State of New York, to what is existing law.

Candyco Transcription Service, Inc. 1 Under existing law school districts have the 2 option of putting money into their reserve 3 fund up to 4 percent or reducing the property 4 tax levy. 5 You are not, you are not achieving 6 the goal that you are intending to achieve 7 because there is nothing specifically that 8 says you can't use it for a reserve fund, you 9 can't use it for a dry appropriation, it has 10 to go to property tax relief. 11 In fact, the bill you passed the 12 other day, the only area where it had to go to 13 property tax relief was for average-needs 14 school districts because you said specifically 15 in the law that 50 percent had to go to 16 property tax relief. By repealing that, 17 you've taken that dictate way -- 18 SENATOR KLEIN: Again -- again, 19 we disagree on that, Senator Flanagan. And 20 again, you may disagree with me on the 21 concept. I personally believe that the way 22 we're going to help taxpayers is not to give 23 money to a school district and allow them to 24 spend when they operated and actually I think 25 in many cases tightened their belt. And the

Candyco Transcription Service, Inc. 1 money that we're giving them has to be used 2 for property tax relief. 3 So we can agree on the concept even 4 though, according to my calculations, your 5 Senate district, under this plan, based on the 6 numbers that were passed in the Senate and the 7 Assembly budget, received $8,404,000 8 exclusively for property tax relief, because I 9 don't think you have a high-needs school 10 district. 11 SENATOR FLANAGAN: Mr. President, 12 would Senator Klein continue to yield. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Klein, do you continue to yield? 15 SENATOR KLEIN: Yes, 16 Mr. President. 17 SENATOR FLANAGAN: Senator Klein, 18 conceptually we are absolutely in sync. But 19 when we go back, we're going to have to deal 20 with the reality of what the statute says. 21 Not what we dialogue on, but rather what the 22 statute says. 23 So conceptually I think it's a very 24 important thing to direct school districts 25 that if they get extra money, that the first

Candyco Transcription Service, Inc. 1 place it has to go -- not the last, but the 2 first place -- 3 SENATOR KLEIN: And again, 4 Senator Flanagan, I believe -- 5 SENATOR FLANAGAN: Excuse me. 6 Senator Klein, please let me finish what I was 7 saying. 8 SENATOR KLEIN: -- that the 9 statute says that it has to go into a reserve 10 fund and they do not have the choice to use it 11 to reduce the tax levy. 12 SENATOR FLANAGAN: Senator Klein, 13 let me finish my thought, please. 14 SENATOR KLEIN: Okay. 15 SENATOR FLANAGAN: Fundamentally 16 we disagree on what the existing law is. My 17 understanding and interpretation of that law 18 is that school districts have an option. By 19 not saying that it has to go to property tax 20 relief first and second and third, you are not 21 achieving that goal. 22 Now, you referenced my school 23 districts, okay. The number, to a degree, is 24 irrelevant because there is no mandate that 25 that money has to go to property tax relief.

Candyco Transcription Service, Inc. 1 You can describe it 17, 19, 21 different ways, 2 but under existing law school districts do not 3 have to apply it to property tax relief, they 4 can use it in other ways. 5 So if the goal is to make sure that 6 that is what is being done, then the language 7 has to be reworked. 8 Thank you, Mr. President. 9 SENATOR KLEIN: Again, through 10 you -- I guess I'm responding to myself. But 11 through you, Mr. President, again, the present 12 law exists that school districts do not have 13 the ability to spend money unless the state 14 gives them authorization to do that. Right 15 now, if we did absolutely nothing and restored 16 school aid to school districts, it would sit 17 in a reserve fund until next year. 18 This legislation, again, if you're 19 a high-needs school district, the money can 20 either be used to reduce the tax levy or for 21 restorations. Every other district would have 22 to use it to reduce the tax levy, thus giving, 23 I think, direly needed tax relief to residents 24 around the State of New York. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Saland, why do you rise? 2 SENATOR SALAND: Would Senator 3 Klein yield to a question. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein, will you yield for a question 6 from Senator Saland? 7 SENATOR KLEIN: Yes. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Saland. 10 SENATOR SALAND: Senator Klein, 11 so you are telling us that the existing law 12 requires that in the case of the two 13 classifications of schools that you've now 14 identified as being either low-needs or 15 average, existing law would require that 16 exclusively of any of these dollars that would 17 have otherwise come to them be used for 18 purposes of their reserve funds? 19 SENATOR KLEIN: Yes. Unless we 20 do something otherwise. 21 SENATOR SALAND: Do you have any 22 idea what the -- 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Senator Saland, do you wish Senator Klein to 25 continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR SALAND: Do you continue 2 to yield? 3 SENATOR KLEIN: I yield, 4 Mr. President. 5 SENATOR SALAND: Do you have any 6 idea when the tax warrants go out for school 7 districts? 8 SENATOR KLEIN: September, I 9 believe, Senator. 10 SENATOR SALAND: Thank you. No 11 further questions. On the bill. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 It was actually Senator Klein. Are you 14 completed with -- he was on the bill. 15 Okay, Senator Saland. 16 SENATOR SALAND: With all due 17 respect to Senator Klein, in fact, until those 18 tax warrants are issued, under existing law 19 those monies can be used either for one of two 20 purposes. Until the tax warrants are 21 issued -- but not after -- they can be used to 22 reduce taxes. They also can be used for the 23 reserve fund. They are not used exclusively 24 for the reserve fund. That is the law. 25 Were we in September, Senator Klein

Candyco Transcription Service, Inc. 1 would be right. But we're in July. So those 2 school districts still have an option. 3 So your low-needs school districts 4 and your average-needs school districts can 5 either use it for property tax relief, which 6 would be a good thing, or, given the fact that 7 many of them probably severely depleted their 8 reserve funds because of the cuts they had to 9 take -- and as I mentioned in a similar 10 discourse I believe yesterday, I meet 11 routinely with my school superintendents and I 12 know I advise them to try to avoid depleting 13 their reserve funds because next year was 14 going to be worse than this year. But 15 nonetheless I'm sure in some instances they 16 depleted them substantially, if not entirely. 17 That it may well be between now and 18 September, or perhaps it may be even in August 19 that the warrants go out -- those school 20 districts, given these monies, may well opt, 21 given the fact that many of them had already 22 planned for the nightmarish budget by way of 23 cuts that they were being hit with, to use 24 those monies to fortify themselves for yet the 25 onslaught of the next year's budget with its

Candyco Transcription Service, Inc. 1 anticipated $15 billion deficit. 2 So notwithstanding the certainty 3 that we've been assured, the certainty 4 conflicts with the existing law. And, Senator 5 Flanagan, I would -- and with all due respect 6 to Senator Klein, Senator Flanagan has 7 appropriately categorized the state of the 8 existing law. 9 And Senator Klein would certainly 10 be right if we were after the date for which 11 the tax warrants could be issued. But we are 12 before that date, and a number of weeks, if 13 not a month and a half or more away from that 14 date. 15 Thank you, Mr. President. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Thank you, Senator Saland. 18 Senator Diaz. 19 SENATOR DIAZ: Mr. President, 20 would the sponsor yield for a question. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein, will you yield for a question 23 from Senator Diaz? 24 SENATOR KLEIN: Yes, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Diaz. 3 SENATOR DIAZ: Senator Klein, it 4 is 1:00 a.m. I'm 68 years old. I'm almost 5 sleepy. My wife is waiting for me. 6 But if I understood you right, 7 you're saying something about $8 million for 8 the district of Senator Flanagan or something. 9 What was that you said? 10 SENATOR KLEIN: Eight million 11 dollars in property tax relief, yes, Senator. 12 SENATOR DIAZ: Could the sponsor 13 yield. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein, will you continue to yield for 16 Senator Diaz? 17 SENATOR KLEIN: Yes, 18 Mr. President. 19 SENATOR DIAZ: What was that 20 again? Eight million dollars for what? 21 SENATOR KLEIN: Over $8 million 22 for property taxes. 23 SENATOR DIAZ: To help which 24 district? 25 SENATOR KLEIN: It was Senator

Candyco Transcription Service, Inc. 1 Flanagan's district. 2 SENATOR DIAZ: And what part of 3 the state is that? 4 SENATOR KLEIN: That's Suffolk 5 County. 6 SENATOR DIAZ: Would the sponsor 7 yield for a question. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator Klein, will you continue to yield for 10 a question? 11 (Laughter.) 12 SENATOR KLEIN: I'm Senator 13 Klein. 14 (Laughter.) 15 SENATOR KLEIN: Senator Klein 16 would be happy to yield. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Diaz, he will. 19 SENATOR DIAZ: So you're telling 20 me, Senator Klein, that what we are doing 21 tonight here will be helping Senator 22 Flanagan's district by $8 million? 23 SENATOR KLEIN: If indeed this 24 does take effect and we eventually have our 25 revenue and the restorations were made as was

Candyco Transcription Service, Inc. 1 done in the Assembly and Senate budget, yes. 2 SENATOR DIAZ: Will the sponsor 3 yield for one more question. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein, will you yield for one more 6 question? 7 SENATOR KLEIN: Yes, 8 Mr. President. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Diaz. 11 SENATOR DIAZ: So then if I 12 understand, if you do something, Senator 13 Klein, if you try and do something like that 14 that would help my district, I would be 15 praising you instead of complaining. 16 And I think that if that is true, 17 what you say, that what we're doing now at 18 1:00 a.m. in the morning, in the morning, will 19 help Senator Flanagan's district, Senator 20 Flanagan should be praising you. 21 SENATOR KLEIN: Well, I guess we 22 disagree on the implementation. But I'm 23 hopeful once we do pass our revenue bill and 24 we have the final version of this chapter, we 25 can make sure that property tax relief goes to

Candyco Transcription Service, Inc. 1 school districts outside of the Big Five that 2 are not high-needs school districts that 3 already passed their budgets. 4 SENATOR DIAZ: Thank you, 5 Mr. President. Thank you, Senator. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: I have a 9 couple of questions hopefully to wrap this 10 thing up because everyone's tired. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Senator Klein, will you yield for a couple of 13 questions from Senator DeFrancisco? 14 SENATOR KLEIN: Yes, Mr. 15 President. 16 SENATOR DeFRANCISCO: It's 17 1 o'clock. And, Senator Klein, what we've 18 gone through for the last 45 minutes or so on 19 this bill, you can assure us that this is not 20 an academic exercise, is that correct? 21 SENATOR KLEIN: That's correct. 22 SENATOR DeFRANCISCO: Okay. And 23 would you yield to another question. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Klein, do you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Yes, 2 Mr. President. 3 SENATOR DeFRANCISCO: And it's 4 not an academic exercise because it's a 5 three-way agreement between the Governor, the 6 Senate and the Assembly, correct? 7 SENATOR KLEIN: Again, it's the 8 Assembly, the Senate and the Governor signed 9 off on this program as well. 10 SENATOR DeFRANCISCO: And in 11 order for this -- 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Klein, do you wish to continue to 14 yield for Senator DeFrancisco? 15 SENATOR KLEIN: Yes, 16 Mr. President. 17 SENATOR DeFRANCISCO: In order 18 for this to go into effect, there has to be 19 the money that the Senate and Assembly 20 restored to give back to the districts like 21 Senator Diaz talked about; correct? 22 SENATOR KLEIN: That is correct. 23 SENATOR DeFRANCISCO: Okay. 24 Would Senator Klein continue to yield. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Klein, will you continue to yield? 2 SENATOR KLEIN: Yup. 3 SENATOR DeFRANCISCO: Didn't the 4 Governor veto the bills that gave the extra 5 money? 6 SENATOR KLEIN: Yes, he did. 7 SENATOR DeFRANCISCO: Okay, one 8 last -- 9 SENATOR KLEIN: But I want to 10 continue on that. Yes, he did. But again, 11 this is something that's an important 12 proposal. We want to get this proposal out 13 now to make sure it's passed by the Assembly 14 and make sure when budget negotiations do take 15 place that this is part of the final product. 16 Because I want to make sure, 17 Senator DeFrancisco, that when this goes into 18 effect -- and again, under the numbers for 19 education that was restored by the Assembly 20 and the Senate, that your district can 21 received $11,472,000 in property tax relief. 22 SENATOR DeFRANCISCO: Would 23 Senator Klein yield to another question. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Klein, will you continue to yield?

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Is this a 2 scoop you're giving us today? Has the 3 Governor undone his veto so all this money 4 goes back? 5 SENATOR KLEIN: No, he has not. 6 SENATOR DeFRANCISCO: On the 7 bill, please. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Senator DeFrancisco, on the bill. 10 SENATOR DeFRANCISCO: How could 11 there be a three-way agreement if the essence 12 of this bill, as Senator Diaz has spoken 13 about, is to bring money back to the district 14 and the money that's going back to the 15 districts was vetoed by the Governor? 16 I would suggest, despite what 17 Senator Klein says, that this is an academic 18 exercise at 1 o'clock in the morning at a time 19 when Senator Diaz's wife is waiting for him 20 and is longing for him at this point in time. 21 (Laughter.) 22 SENATOR DeFRANCISCO: So for 23 those -- I'm going to vote no on this bill. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Are there any other Senators wishing to be

Candyco Transcription Service, Inc. 1 heard on the bill? 2 Hearing none -- Senator 3 Schneiderman, why do you rise? 4 SENATOR SCHNEIDERMAN: I'm 5 cleaning my desk, Mr. President. 6 (Laughter.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Hearing no other Senators wishing to heard on 9 the bill, debate is closed. The Secretary 10 will please ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Skelos, to explain his vote. 19 SENATOR SKELOS: Thank you very 20 much, Mr. President. 21 I listened with great interest. 22 The word was used, "property tax relief," 23 probably about twenty times over a budget that 24 the Governor has vetoed. I'd just like to 25 talk to you about -- I know, Senator

Candyco Transcription Service, Inc. 1 DeFrancisco, Senator Klein mentioned how your 2 area would receive $11 million in real 3 property tax relief. 4 But let me tell you what the 5 different regions of the state have lost law 6 of because of your elimination last year of 7 the STAR rebate check. Long Island, 8 $368 million. Hudson Valley, $305 million. 9 New York City, $187 million. Central New 10 York, $177 million. Western New York, 11 $141 million. Capital Region, $140 million. 12 And Rochester, $130 million. 13 That's the tax discomfort that the 14 Democrat Majority has imposed upon the 15 hardworking people of the State of New York. 16 So please don't try to fool the 17 people of the state that this is really tax 18 relief when you've taken, last year, a billion 19 and a half of property tax relief away from 20 the people of the state and this year there 21 will be another billion and a half in property 22 tax relief taken away from the hardworking 23 people of the State of New York. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Skelos, how do you vote?

Candyco Transcription Service, Inc. 1 SENATOR SKELOS: I vote no. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator Skelos to be recorded in the negative. 4 Senator Klein. 5 SENATOR KLEIN: To explain my 6 vote. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Klein, to explain his vote. 9 SENATOR KLEIN: It's always a 10 pleasure to hear a debate on property tax 11 relief. It's almost as if the other side of 12 the aisle is afraid we actually might 13 accomplish our pledge to give property tax 14 relief I think in a fair way to New Yorkers 15 even during this tough fiscal climate. 16 I think the other side of the 17 aisle, if they want to get this plan and 18 receive this money to their districts -- and 19 the way we can do this is to override the 20 Governor's veto. Because if we override the 21 Governor's veto, the money that we 22 allocated -- meaning the Senate and Assembly 23 joint budget plan -- would allocate 24 $277 million in property tax relief. 25 And by the way, looking at the

Candyco Transcription Service, Inc. 1 numbers, most of that money goes to Republican 2 districts, who tend to have school districts 3 that are less high-needs and that actually 4 would have money directly given to them 5 through reduction of their tax levies. 6 So I'm hopeful at the end of the 7 day this is something that can become a 8 reality with bipartisan support, because I 9 think the property taxpayers of New York State 10 can't wait any longer. And they don't want to 11 see finger-pointing, they don't want to have 12 members get up and blame and point fingers on 13 how much money was lost, they want to see 14 things accomplished. And they want to see 15 things accomplished now because they want 16 property tax relief now. 17 I vote yes, Mr. President. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein to be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 1292 are 24 Senators Alesi, Bonacic, DeFrancisco, Farley, 25 Flanagan, Fuschillo, Golden, Griffo,

Candyco Transcription Service, Inc. 1 O. Johnson, Lanza, Larkin, LaValle, Leibell, 2 Libous, Little, Marcellino, Maziarz, McDonald, 3 Nozzolio, Padavan, Ranzenhofer, Robach, 4 Saland, Seward, Skelos, Volker, Winner and 5 Young. 6 Ayes, 33. Nays, 28. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, is 11 there any further business at the desk? 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Senator Klein, the desk is clear. 14 SENATOR KLEIN: There being no 15 further business, Mr. President, to come 16 before the Senate, I move that we adjourn 17 until tomorrow at 10:00 a.m. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 There being no further business to come before 20 the Senate, on motion, the Senate stands 21 adjourned until 10:00 a.m. this morning, 22 Thursday, July 1st. 23 (Whereupon, at 1:11 a.m., the 24 Senate adjourned.) 25

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