Thursday, July 1, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 1, 2010 11 10:35 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Wednesday, June 30, the Senate met pursuant to 19 adjournment. The Journal of Tuesday, June 29, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT STEWART-COUSINS: 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: Madam President, 10 I believe there are substitutions at the desk, 11 I ask that we make the substitutions at this 12 time. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: On page 14, 16 Senator Addabbo moves to discharge, from the 17 Committee on Rules, Assembly Bill Number 3871B 18 and substitute it for the identical Senate 19 Bill Number 4755A, Third Reading Calendar 417. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Substitution ordered. 22 THE SECRETARY: And on page 28, 23 Senator Schneiderman moves to discharge, from 24 the Committee on Rules, Assembly Bill Number 25 8684B and substitute it for the identical

Candyco Transcription Service, Inc. 1 Senate Bill Number 7515A, Third Reading 2 Calendar 1235. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Substitution ordered. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 at this time can we please go to a reading of 8 the calendar. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 196, by Senator Savino, Senate -- 13 SENATOR KLEIN: Lay the bill 14 aside temporarily, please. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is laid aside temporarily. 17 THE SECRETARY: Calendar Number 18 298, by Senator Parker, Senate Print 3601D, an 19 act to amend the Social Services Law. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 298 are 6 Senators Bonacic, DeFrancisco, Farley, Golden, 7 Griffo, O. Johnson, Larkin, LaValle, Leibell, 8 Libous, Nozzolio, Ranzenhofer, Saland, Skelos 9 and Winner. 10 Ayes, 37. Nays, 15. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The bill is passed. 13 THE SECRETARY: Calendar Number 14 317, by Senator Perkins, Senate Print 5057B, 15 an act to amend the Public Service Law. 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is laid aside. 19 THE SECRETARY: Calendar Number 20 547, by Senator Savino, Senate Print 2978B, an 21 act to amend the Workers' Compensation Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 SENATOR LIBOUS: Lay it aside. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is laid aside. 9 THE SECRETARY: Calendar Number 10 1112, by Senator Stachowski, Senate Print 11 7865A, an act in relation to requiring a study 12 and report. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 1277, by Senator -- 25 SENATOR MAZIARZ: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is laid aside. 3 SENATOR MAZIARZ: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 1356, by Senator Montgomery, Senate Print 9 8132A, an act to amend the Social Services Law 10 and the Domestic Relations Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT STEWART-COUSINS: 19 Announce the results. 20 THE SECRETARY: Ayes, 51. Nays, 21 1. Senator Winner recorded in the negative. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1371, by Senator Schneiderman --

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is laid aside. 4 THE SECRETARY: Calendar Number 5 1372, by Senator Sampson, Senate Print 8391, 6 an act to amend a chapter of the Laws of 2010 7 amending the Domestic Relations Law. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Announce the results. 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1405, by -- 22 SENATOR LIBOUS: Lay it aside. 23 ACTING PRESIDENT STEWART-COUSINS: 24 The bill is laid aside. 25 Senator Klein, that completes the

Candyco Transcription Service, Inc. 1 reading of the noncontroversial calendar. 2 SENATOR KLEIN: Madam President, 3 at this time can we please go to a reading of 4 the controversial calendar. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The Secretary will ring the bell. Members are 7 all asked to come to the chamber for the 8 reading of the controversial calendar. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 317, by Senator Perkins, Senate Print 5057B, 12 an act to amend the Public Service Law. 13 SENATOR LIBOUS: Explanation. 14 SENATOR PERKINS: Lay the bill 15 aside for the day, please. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 547, by Senator Savino, Senate Print 2978B, an 20 act to amend the Workers' Compensation Law. 21 SENATOR LIBOUS: Explanation. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Savino, an explanation has been 24 requested. 25 SENATOR SAVINO: Yes, Madam

Candyco Transcription Service, Inc. 1 President. 2 This bill is the Injured Workers 3 Pharmacy Bill. As you all know, in 2007 the 4 State of New York reformed the Workers' 5 Compensation Law and made significant and 6 important changes to the Workers' Compensation 7 Law; specifically, the creation of a 8 pharmaceutical fee schedule that would result 9 in significant savings to the State of 10 New York. 11 However, when they did enact that 12 law, they also restricted the ability of 13 injured workers to purchase drugs from an 14 independent pharmacist, driving them all to 15 mostly what has become chain stores. 16 The independent pharmacists have 17 worked with myself and other members of the 18 Department of Labor to come up with a way to 19 allow them access to this again. And 20 principal to this is they have to agree to 21 accept the reduced-fee schedule in exchange. 22 So this would allow an injured worker to 23 utilize a pharmacy of their choice and still 24 achieve the savings. 25 I understand the Business Council

Candyco Transcription Service, Inc. 1 has had some concern about this, and I met 2 with them several times. In fact, they 3 offered to amend the language of the bill, and 4 they never then did submit the amendment. 5 But the bill does say that the 6 independent pharmacist has to accept the 7 reduced-fee schedule. And all we're trying to 8 do is give options to injured workers so that 9 if they have a relationship with a pharmacist 10 in their community, that they can continue to 11 go there. 12 We think it's a good thing for the 13 injured worker, and we also think it's a good 14 thing for the independent pharmacists, who are 15 usually small businessmen who are established 16 in communities and they're seeing more and 17 more of their business being driven to the 18 large chain pharmacists. 19 And what happens when you now have 20 to go to a CVS or a Rite-Aid to pick up your 21 prescriptions that come as a result of your 22 workers' compensation case, the likelihood is 23 you'll transfer all your prescriptions, taking 24 more business from that independent 25 pharmacist. And while you're in that CVS or

Candyco Transcription Service, Inc. 1 Rite-Aid or Walgreens, you're going to buy 2 your other items in that store, again taking 3 more business away. 4 So we're trying to give choice to 5 injured workers and independent pharmacists, 6 to allow them to remain competitive in the 7 system, and still find a way to keep the costs 8 down. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 Senator Hannon, why do you rise? 12 SENATOR HANNON: Would Senator 13 Savino yield. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Savino, do you yield for a question? 16 SENATOR SAVINO: Yes. 17 SENATOR HANNON: Senator Savino, 18 let me just -- I'd like to get straight the 19 mechanism that you're trying to put in place. 20 As I understand it, the current 21 system is that whoever is the workers' 22 compensation insurance carrier will make 23 arrangements with one or more pharmacies to 24 provide the drugs to whoever is covered by 25 that insurance. Is that correct?

Candyco Transcription Service, Inc. 1 SENATOR SAVINO: Through you, 2 Madam President, yes. And in exchange for 3 that, they also agree to a reduced 4 reimbursement rate for those particular drugs. 5 Which the independent pharmacist couldn't 6 compete with. 7 SENATOR HANNON: Will you yield 8 again? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Savino, do you continue to yield? 11 SENATOR SAVINO: Yes, Madam 12 President. 13 SENATOR HANNON: And I would 14 presume that the pharmacy that accepts the 15 reduced rate is doing so because the carrier 16 says to them "I'll give you a high volume of 17 prescriptions that you have to fill." 18 SENATOR SAVINO: Through you, 19 Madam President, you're probably correct in 20 assuming that. 21 SENATOR HANNON: Well -- will you 22 yield again? 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Savino, do you continue to yield? 25 SENATOR SAVINO: Yes, Madam

Candyco Transcription Service, Inc. 1 President. 2 SENATOR HANNON: Would there be 3 any other reason that a large pharmacy would 4 just give a reduced rate other than being told 5 "You will get a very high volume of 6 prescriptions to fill"? 7 SENATOR SAVINO: Senator Hannon, 8 I honestly couldn't answer that question. But 9 I'm sure they feel they'll make up the reduced 10 rate in other ancillary purchases in their 11 store. 12 As you know, most of these large 13 chain pharmacies are somewhat like small 14 supermarkets. So if they're forced to accept 15 a reduced rate on the drugs, they're going to 16 make it up on all other purchases. So it's a 17 calculated business decision on their part. 18 SENATOR HANNON: Will you 19 continue to yield? 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Savino, do you continue to yield? 22 SENATOR SAVINO: Yes, Madam 23 President. 24 SENATOR HANNON: So I could 25 postulate, I could assume that there is an

Candyco Transcription Service, Inc. 1 economic relationship between the rate that is 2 given and the rate that the carrier offers. 3 SENATOR SAVINO: I would probably 4 agree with that assumption. 5 SENATOR HANNON: Okay, thank you. 6 On the bill. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Hannon, on the bill. 9 SENATOR HANNON: I love 10 independent pharmacists. They do an enormous 11 amount of very good work. They actually do 12 probably better service to neighborhoods than 13 any of the big chains do. But this bill is 14 one of the bills that comes under the category 15 of all willing provider. 16 Now, we have other bills on the 17 calendar, there's something to do with 18 clinical laboratories, there's others that 19 we've dealt with from Senator Kruger, dental 20 devices. It's all the economic engine goes 21 through between people who make contracts to 22 provide services. When you make a contract 23 and you're given a high volume, you can give a 24 reduced rate. 25 Now, we then have people who don't

Candyco Transcription Service, Inc. 1 get a chance to make those contracts come to 2 us and say, Hey, we'll meet that price if you 3 will let us in -- let us into the pharmacy, 4 let us into the laboratory, let us into 5 providing the devices, whatever it is. 6 The difficulty you have is that 7 once you let the people in, then no longer do 8 the big contracts exist because no longer can 9 those big contracts guarantee a high volume. 10 And once you no longer have that high volume, 11 all the prices are going to go up. And 12 therefore, whoever's paying the tab -- whether 13 it be Medicaid, whether it be a private 14 insurer, whether it be the state government -- 15 we then pay. And it becomes more costly. 16 So it's a very difficult thing in 17 the very first instance when the outsiders -- 18 in this case, the independent pharmacists, but 19 it could be labs, it could be durable medical 20 equipment, any number of different things. It 21 keeps popping up. And that's why I'm taking 22 the time to go through to the core of this. 23 It's very difficult to say "I'm 24 sorry, but we have to let the economy work." 25 And it makes more sense for me to make this

Candyco Transcription Service, Inc. 1 argument at a time when we're so financially 2 strapped, because a couple of years ago it 3 seemed like you're just being a Scrooge. But 4 you have to let that engine work. 5 So I can't agree with going along 6 with your proposal. I know it's 7 well-intentioned; you want to give greater 8 convenience to the injured worker. But in 9 this case getting the coverage at an 10 affordable price is really the convenience you 11 want to deliver to someone who is that injured 12 worker, and therefore I don't think this is a 13 wise bill. 14 Thank you very much, Madam 15 President. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator. 18 Are there any other Senators 19 wishing to be heard on the bill? 20 Senator Padavan. 21 SENATOR PADAVAN: If the Senator 22 would yield. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Savino, would you yield for a 25 question?

Candyco Transcription Service, Inc. 1 SENATOR SAVINO: Yes, Madam 2 President. 3 SENATOR PADAVAN: This bill 4 also -- I'm reading here from the memo -- also 5 removes the restriction that the 6 administrative expenses of the disability fund 7 shall not exceed 25 percent of the premiums 8 earned by the fund. As I recall, that was 9 part of the 2007 reform which enhanced the 10 ability of the disability fund to do what it's 11 intended to do. 12 Now, what does this mean in your 13 bill? Why do you want have the administrative 14 fund costs exceed 25 -- 15 SENATOR SAVINO: This provision, 16 Senator Padavan, was agreed to by the State 17 Insurance Fund. 18 SENATOR PADAVAN: Would you yield 19 again. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Savino, do you continue to yield? 22 SENATOR SAVINO: Yes. 23 SENATOR PADAVAN: Whether it's 24 agreed to or not, a cap of administrative 25 costs was put on in 2007 to maintain the

Candyco Transcription Service, Inc. 1 viability of the fund, enhance their ability 2 to provide assistance to those who are 3 disabled. Why do we now want to eliminate 4 that threshold? 5 SENATOR SAVINO: Through you, 6 Madam President, the State Insurance Fund took 7 the position that we should delete the 8 language of the administrative expenditures to 9 25 percent of the premiums because the last 10 disability benefit increase was in 1989 and, 11 according to them, it was difficult for the 12 fund to administer this in 2010 at this rate. 13 So this was their opinion on this particular 14 issue. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Are there any other Senators 18 wishing to be heard on this bill? 19 Senator McDonald. 20 SENATOR McDONALD: Thank you, 21 Madam President. 22 As so often, a wonderful bill, 23 sometimes it's difficult please all the 24 different constituencies. I have a wonderful 25 company that invested a substantial amount of

Candyco Transcription Service, Inc. 1 money and employs a substantial amount of 2 people in my district, Express Scripts. It's 3 about 375 people. They're in a growth mold. 4 They're all local people. It's headquartered 5 outside the state, and this is the regional 6 headquarters in this part of the country. 7 And their pharmacists are all local 8 people, all Albany College of Pharmacy 9 graduates. And I've had the opportunity to 10 visit them on more than one occasion, and it's 11 simply amazing where they located in downtown 12 Troy, in an old industrial building that's 13 been remodelled as part of urban renewal, as 14 part of recapping economic vitality in a 15 wonderful city which happens to be my 16 hometown. 17 So many of these people could be 18 impacted by this. It would be my advice, 19 before we start discouraging companies, to get 20 a greater understanding of what we're talking 21 about and the economic impacts, positive or 22 negative, and try find something that does not 23 stifle competition, okay -- price competition, 24 especially, and at the same time protects all 25 the wonderful professionals that we have in

Candyco Transcription Service, Inc. 1 this area. Which I might add are home-grown. 2 Thank you. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Are there any other Senators 6 wishing to be heard? 7 Senator O. Johnson, on the bill. 8 SENATOR JOHNSON: Yes, thank you, 9 Madam President. 10 I'd like to congratulate Senator 11 Savino on this bill. It makes all kinds of 12 sense in the world to let people buy the drugs 13 in their local pharmacy which they deal with 14 over the years, perhaps, which is a local 15 business in the community. If they can match 16 the same price as the contract, then certainly 17 they should be able to buy the drugs there. 18 And I see no reason to object to 19 this bill. I think it's a very enlightened 20 bill. Small business is the heart of our 21 communities. We have to help them stay alive. 22 Thank you. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Thank you, Senator Johnson. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to be heard? 2 Hearing none, the debate is closed. 3 The Secretary will please ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Marcellino, to explain his vote. 12 SENATOR MARCELLINO: Yes, Madam 13 President, thank you. To explain my vote. 14 I intend to support this 15 legislation. Sometime ago the Health 16 Department had an Internet device that you 17 could go on it and punch in a pharmacy and it 18 would come up with the pharmacy, wherever the 19 location was, and you could figure out certain 20 typical drugs by typical dosages that were 21 used in prescriptions and find the best price 22 in your area. 23 I got on it because I figured I 24 wanted to offer it to my constituents to see 25 if they wanted to use it and would take

Candyco Transcription Service, Inc. 1 advantage of it, and I found something very 2 interesting. In this same pharmacy, a chain, 3 a large chain, the same prescription, the same 4 dosage of that prescription, the cost at one 5 part of my district was $15.85 for that 6 prescription; the cost in the same chain of 7 drugstores -- different store, obviously -- in 8 a different part of the district was $225 for 9 that same prescription, dosage, whatever. 10 So it piqued my curiosity as to 11 maybe that was just a freak, but I found out I 12 couldn't find, of these big chains, a common 13 or within a reasonable range of price on a 14 prescription for the same drug. They varied 15 widely from store to store. 16 Anything, in my mind, that brings 17 competition in, that helps bring back some of 18 the smallest stores which have mostly 19 disappeared in our communities -- and I think, 20 like my colleague Senator Owen Johnson, that 21 that's a shame. Anything that brings that 22 competition back and encourages those small 23 stores to come back is a good thing. I'm 24 going to support this bill in the hopes that 25 that happens.

Candyco Transcription Service, Inc. 1 Thank you, Madam President. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Marcellino to be recorded in the 4 affirmative. 5 Senator Little, to explain her 6 vote. 7 SENATOR LITTLE: Thank you, Madam 8 President. 9 One thing that we're not talking 10 about that is in this bill that I think is a 11 really good idea is that the initial fill of a 12 prescription cannot be for more than 14 days 13 within the first 72 hours of the initial 14 medical care. 15 This is called like a trial 16 prescription. And there's a tremendous amount 17 of savings to be gained by doing this so that 18 we see if the medication works and then the 19 person does go back to the pharmacy, talk to 20 the pharmacist again before they get it. 21 This has been proposed before by 22 some of the pharmacists in my district. I'm 23 really happy to see it in the bill. I vote 24 aye. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Little to be recorded in the 2 affirmative. 3 Are there any other Senators 4 wishing to be explain his or her vote? 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 547 are 8 Senators Hannon, McDonald and Volker. 9 Absent from voting: Senators Alesi 10 and Montgomery. 11 Ayes, 56. Nays, 3. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 1371, by Senator Schneiderman, Senate Print 16 8379A, an act to amend the Labor Law. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Are there any Senators wishing to be heard? 19 Hearing none, the debate is closed. 20 The Secretary will please ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 10. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1371 are 6 Senators Bonacic, DeFrancisco, Farley, 7 Flanagan, Fuschillo, Golden, Griffo, Hannon, 8 O. Johnson, Lanza, Larkin, LaValle, Leibell, 9 Libous, Little, Marcellino, Maziarz, McDonald, 10 Nozzolio, Ranzenhofer, Robach, Saland, Seward, 11 Skelos, Volker, Winner and Young. 12 Absent from voting: Senators Alesi 13 and Montgomery. 14 Ayes, 32. Nays, 27. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 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 STEWART-COUSINS: 22 Senator DeFrancisco, why do you rise? 23 SENATOR DeFRANCISCO: A point of 24 order. 25 I understand this is the last bill

Candyco Transcription Service, Inc. 1 on the calendar, is that correct, the 2 controversial calendar? 3 ACTING PRESIDENT STEWART-COUSINS: 4 Yes, the last one on the controversial 5 calendar. 6 SENATOR DeFRANCISCO: I don't see 7 a revenue bill for the budget on the calendar. 8 And I understand -- I've got the Assembly's 9 calendar here, and there's a budget bill, 10 9710D, which is the revenue bill. And I'm 11 wondering why we don't have the most important 12 bill, the balance of the budget, here today 13 before the 4th of July, some three months 14 after April 1. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator DeFrancisco, your point of order is 17 out of order. 18 Is there a rule that you'd want to 19 refer to? Otherwise we'll continue with this 20 last bill. 21 SENATOR DeFRANCISCO: Yes, there 22 is a rule I want to refer to, and that's the 23 rule that requires a budget by April 1, and 24 also the rule of reason. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator DeFrancisco, you're out of order. 2 Thank you. 3 SENATOR DeFRANCISCO: Well, thank 4 you. And I just -- my final point is simply 5 that -- 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you. 8 SENATOR DeFRANCISCO: -- it's 9 amazing that we're doing these bills and we're 10 going to go home -- 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will read. 13 SENATOR DeFRANCISCO: -- with the 14 budget undone. Thank you. 15 THE SECRETARY: Calendar Number 16 1405, by Senator Parker, Senate Print 8389, an 17 act to amend the Public Service Law and the 18 State Finance Law. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Are there any Senators wishing to be heard on 21 the bill? 22 Hearing none, the debate is closed. 23 The Secretary will please ring the bell. 24 Read 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 SENATOR LIBOUS: Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Yes, Senator Libous. 7 SENATOR LIBOUS: I just want to 8 explain my vote. 9 For point of information, I voted 10 yes on this bill last time. But I just wanted 11 to make note that Alesi, DeFrancisco, Farley, 12 Flanagan, Golden, Johnson, Lanza, Leibell, 13 Little, Maziarz, Nozzolio, Ranzenhofer, 14 Robach, Skelos and Young voted no the last 15 time this bill was up, just for a reminder. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Thank you, Senator Libous. 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator DeFrancisco, to explain his vote. 22 SENATOR DeFRANCISCO: Yes, this 23 Senator Parker bill has several financial -- 24 it appears that it creates something -- a 25 utility intervenor account under the State

Candyco Transcription Service, Inc. 1 Finance Law. 2 And I think there's a much more 3 important finance issue that we have to debate 4 today, and that is the budget of the State of 5 New York, and complete that budget by way of 6 dealing with the revenue bill that's on the 7 calendar in the Assembly. 8 It's now over three months late, 9 this budget of ours. The budget, supposedly 10 there was some type of agreement between 11 behind closed doors. But whatever that 12 agreement was, shouldn't we at least be able 13 to consider this bill today before the Senate 14 majority Democrats have us go home for the 15 weekend and go home till whenever, to discuss 16 a bill that's already in print? 17 Let's debate it. Let's have the 18 debate today. Then if people around aren't 19 sure of what their votes are, they can 20 cogitate over the weekend or whatever they do 21 over the weekend and try to figure out what 22 the best thing to do on this budget. But we 23 should be debating it rather than delaying it 24 over a weekend. 25 So I can't vote for a bill dealing

Candyco Transcription Service, Inc. 1 with the Finance Law of the State of New York, 2 or any other bill, until we deal with the 3 revenue bill that should be on the calendar 4 today like it is in the Assembly. 5 Thank you, Madam President. I vote 6 no. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator DeFrancisco to be recorded in the 9 negative. 10 Senator Little, to explain her 11 vote. 12 SENATOR LITTLE: Thank you, Madam 13 President. 14 I also am voting no on this bill, 15 as I did on the other intervenor bill, because 16 I believe that there's a cost to it. A cost 17 to the company, maybe not a cost to the state. 18 But I would also like to point out 19 that the fact that we are not voting today on 20 the final revenue bill and we may have to come 21 back next week, I think we need to consider 22 the cost to the state of us coming back 23 another day rather than making the decision, 24 difficult as it may be, making that decision 25 today and saving the taxpayers of the State of

Candyco Transcription Service, Inc. 1 New York money. 2 I would hope that a decision would 3 be made to stay here today and do the revenue 4 bill today. Because just like businesses need 5 to cut their costs and be efficient, so does 6 the State of New York. 7 Thank you. I vote no. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Little to be recorded in the negative. 10 Senator Bonacic, to explain his 11 vote. 12 SENATOR BONACIC: Thank you, 13 Madam President. 14 I too am very disturbed today about 15 considering the cost measure on this bill when 16 our top priority should be to finish this 17 budget, which is being done today in the 18 Assembly. 19 And when Senator DeFrancisco stood 20 up to talk about the urgency of the revenue 21 bill, I think he was told basically that he 22 couldn't speak on it and they closed him down. 23 I wrote to the Governor, to Senator 24 Sampson, and Speaker Silver. This is not 25 about a delay in the budget. Let me tell you

Candyco Transcription Service, Inc. 1 a real-life story. Gateway Industries employs 2 220 people in Ulster County. They serve the 3 disabled. They cannot meet payroll if this 4 budget does not get done by the end of this 5 month. 6 So it's not the cost only of 7 bringing us back at a per diem, it's hurting 8 all the not-for-profits by an inability to 9 act. It is a disgrace. And I'm prepared to 10 stay here every day till we get this done. 11 Thank you, Madam President. I vote 12 no on this bill. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Bonacic to be recorded in the 15 negative. 16 Senator Libous, to explain his 17 vote. 18 SENATOR LIBOUS: Thank you, Madam 19 President. 20 I had mentioned earlier that the 21 last time this bill was on the floor I voted 22 for it. But the arguments by Senator 23 DeFrancisco, Senator Little and others, and 24 Senator Bonacic, are compelling. 25 I'm going to vote no. And I too

Candyco Transcription Service, Inc. 1 share that same frustration that we've heard 2 that while we're sitting here for the last 3 hour and 15 minutes, going over bills that 4 have been laid aside through the course of the 5 month of June, we're here July 1st. And I'm 6 told the Assembly is doing a revenue bill 7 today to close out the budget process. But 8 yet the headlines I read in the paper is that 9 the Senate is going home. 10 Madam President, I will vote no, 11 but I will tell you that it is shameful and it 12 makes absolutely no sense. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Libous to be recorded in the negative. 15 Are there any other Senators 16 wishing to explain his or her vote? 17 Hearing none, announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on 1405 are Senators Alesi, 20 Aubertine, Bonacic, DeFrancisco, Farley, 21 Flanagan, O. Johnson, Larkin, Leibell, Libous, 22 Little, Marcellino, McDonald, Nozzolio, 23 Padavan, Ranzenhofer, Robach, Skelos, Volker, 24 Winner and Young. 25 Ayes, 39. Nays, 21.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 Senator Klein, that completes the 4 reading of the controversial calendar. 5 SENATOR KLEIN: Madam President, 6 can we please stand at ease very briefly while 7 the active list is being put on the members' 8 desks. 9 And I think in the meantime the 10 Minority Conference wants to conference very 11 shortly. 12 We'll stand at ease, Madam 13 President. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you, Senator. The Senate will stand at 16 ease, and the Republican Conference will meet 17 in the Republican Conference Room. 18 (Whereupon, the Senate stood at 19 ease at 11:19 a.m.) 20 (Whereupon, the Senate reconvened 21 at 11:46 a.m.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 can we briefly return to the active list and

Candyco Transcription Service, Inc. 1 lay aside Calendar Number 196 for the day, 2 please. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Returning to the active list, Calendar Number 5 196 will be laid aside for the day. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 at this time can we please go to a reading of 9 the supplemental active list. 10 ACTING PRESIDENT STEWART-COUSINS: 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1174, by Senator Thompson, Senate Print 8280A, 14 an act to amend the Environmental Conservation 15 Law. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 is there a message of necessity at the desk? 20 ACTING PRESIDENT STEWART-COUSINS: 21 There is a message of necessity at the desk, 22 Senator. 23 SENATOR KLEIN: Madam President, 24 I move to accept the message at this time. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The question is on the acceptance of the 2 message of necessity. All those in favor 3 please signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT STEWART-COUSINS: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 The message is accepted. 10 The Secretary will read. 11 THE SECRETARY: Section 11. This 12 act shall take effect April -- 13 SENATOR LIBOUS: Lay it aside. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is laid aside. 16 THE SECRETARY: Calendar Number 17 1404, by Senator Parker, Senate Print 8388, an 18 act to amend the Public Service Law, the 19 Public Authorities Law, and the Real Property 20 Law. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Read the last section. 23 THE SECRETARY: Section 12. This 24 act -- 25 SENATOR LIBOUS: Lay it aside.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is laid aside. 3 Senator Klein, that completes the 4 reading of the noncontroversial supplemental 5 active list. 6 SENATOR KLEIN: Madam President, 7 at this time can we please go to a reading of 8 the controversial supplemental active list. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The Secretary will ring the bell. Members are 11 all asked to come to the chamber for the 12 reading of the controversial calendar. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1174, by Senator Thompson, Senate Print 8280A, 16 an act to amend the Environmental Conservation 17 Law. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Are there any Senators wishing to be heard on 20 the bill? 21 Hearing none, the debate is closed. 22 The Secretary will please ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 11. This 25 act shall take effect April 1, 2011.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1174: Ayes, 59. Nays, 2. 11 Senators Aubertine and Little recorded in the 12 negative. Also Senator Griffo. 13 Ayes, 58. Nays, 3. 14 ACTING PRESIDENT STEWART-COUSINS: 15 The bill is passed. 16 The Secretary will continue to 17 read. 18 THE SECRETARY: Calendar Number 19 1404, by Senator Parker, Senate Print 8388, an 20 act to amend the Public Service Law and 21 others. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Are there any Senators wishing to be heard on 24 the bill? 25 Hearing none, the debate is closed.

Candyco Transcription Service, Inc. 1 The Secretary will please ring the bells. 2 Read the last section. 3 THE SECRETARY: Section 12. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Announce the results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 1404 are 12 Senators Alesi, Bonacic, DeFrancisco, Farley, 13 Flanagan, Golden, Griffo, Hannon, O. Johnson, 14 Larkin, LaValle, Leibell, Libous, Little, 15 Nozzolio, Ranzenhofer, Saland, Seward, Skelos, 16 Volker, Winner and Young. 17 Ayes, 39. Nays, 22. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 Senator Klein, that completes the 21 reading of the controversial supplemental 22 calendar. 23 SENATOR KLEIN: Madam President, 24 at this time can we please stand at ease until 25 12:15.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The Senate will stand at ease until 12:15. 3 (Whereupon, the Senate stood at 4 ease at 11:57 a.m.) 5 (Whereupon, the Senate reconvened 6 at 12:28 p.m.) 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Klein. 9 SENATOR KLEIN: Madam President, 10 at this time can we please return to the 11 active list and withdraw the lay-aside on 12 Calendar Number 196 to take it up on the 13 noncontroversial calendar. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Returning to the active list, we're removing 16 the lay-aside on Calendar Number 196. 17 The Secretary will read. 18 THE SECRETARY: In relation to 19 Calendar Number 196, Senator Savino moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 1470B and substitute it 22 for the identical Senate Bill Number 2311E, 23 Third Reading Calendar 196. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Substitution ordered.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 196, by Member of the Assembly Wright, 3 Assembly Print Number 1470B, an act to amend 4 the Labor Law and others. 5 SENATOR LIBOUS: Lay it aside. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The bill is laid aside. 8 Senator Klein, that completes the 9 reading of the noncontroversial calendar. 10 SENATOR KLEIN: Madam President, 11 can we take up Calendar Number 196 on the 12 controversial active list. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will please ring the bells. All 15 members are asked to come to the chamber for 16 the reading of the controversial calendar. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 196, substituted earlier by Member of the 20 Assembly Wright, Assembly Print Number 1470B, 21 an act to amend the Labor Law and others. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Are there any Senators wishing to be heard on 24 the bill? 25 Senator Padavan.

Candyco Transcription Service, Inc. 1 SENATOR PADAVAN: Yeah, will 2 Senator Savino yield. 3 Did we pass this bill -- 4 ACTING PRESIDENT STEWART-COUSINS: 5 Are you asking Senator Savino to yield? 6 SENATOR PADAVAN: Yes, I did. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Savino, will you yield? 9 SENATOR SAVINO: Yes, Madam 10 President. 11 SENATOR PADAVAN: Did we pass 12 this bill before? 13 SENATOR SAVINO: Through you, 14 Madam President, we passed the Domestic 15 Workers' Bill of Rights that was drafted and 16 passed in the Senate, which as you recall did 17 not match the Assembly's bill. 18 At the time when we passed it in 19 the Senate as a one-house bill, we talked 20 about the reason why we did that, that the 21 Senate's bill was the ceiling and the 22 Assembly's bill was the floor, and that what 23 we hoped to do was pass the bill in both 24 houses and then reconcile it with the Assembly 25 and the Governor.

Candyco Transcription Service, Inc. 1 Since the passage of the Domestic 2 Workers' Bill of Rights here in the Senate, 3 that activity has happened. And what we have 4 before us today is a reconciled bill that was 5 negotiated between the Governor's office, the 6 Assembly sponsor, Keith Wright, and myself and 7 our staff. And we think this is a bill that 8 will provide real justice and dignity for 9 domestic workers and address the concerns that 10 were raised by many of the people in this 11 chamber. 12 SENATOR PADAVAN: Will the 13 Senator yield. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Savino, do you continue to yield? 16 SENATOR SAVINO: Yes, Madam 17 President. 18 SENATOR PADAVAN: This 19 reconciliation process, what changes have been 20 made in terms of the bill before us today 21 compared to the one that was voted on the 22 other day? 23 SENATOR SAVINO: There have been 24 several changes in the bill. 25 One of the things that we included

Candyco Transcription Service, Inc. 1 in the original bill which was the subject of 2 a lot of debate here in this chamber was the 3 14-day notice of termination. That has been 4 removed from the bill, as we could not get 5 that reconciled with the Assembly or the 6 Governor. 7 In addition, there was a private 8 right of action that was included in the 9 original bill that is not in the reconciled 10 bill. 11 There was, for full-time workers, 12 seven days of paid vacation and sick leave, 13 and for part-time workers it was three days. 14 That is not in this bill. But what is in this 15 bill that was agreed upon by the Assembly and 16 the Governor and the Senate was three -- hold 17 on. I work alone, Brian -- three compensated 18 days off after one year of service, paid by 19 the employer. 20 In addition, we had tried to get 21 paid holidays. We were not successful in 22 that. But what we did emerge with was a day 23 of rest for domestic workers, an 8-hour work 24 day, a 40-hour work week, and anything over 25 that requires the payment of overtime at the

Candyco Transcription Service, Inc. 1 rate of time and a half. For live-in domestic 2 workers, it will be a 44-hour work week. Any 3 time paid after that would be time and a half. 4 The ability to waive their day of 5 rest for overtime. Coverage under the human 6 rights law. Coverage under the Workers' 7 Compensation Law. Coverage under the Minimum 8 Wage Act. Coverage under the Unemployment 9 Insurance Law. Coverage under the State 10 Temporary Disability Insurance Law. 11 And the State Department of Labor, 12 in an effort to try and find a way for 13 domestic workers to achieve some of the other 14 benefits that they are currently prohibited 15 from having, will engage in a study and they 16 will report back to the Legislature no later 17 than November 1st of this year, to the 18 Legislature and the Governor, on the 19 feasibility of collective bargaining as a 20 method of achieving other benefits or 21 potential legislative remedies that could help 22 them achieve other benefits. 23 But what this bill represents here 24 today, ladies and gentlemen, is an historic 25 moment for domestic workers. Real justice,

Candyco Transcription Service, Inc. 1 real dignity for them, and the ability to have 2 the simple protections that the rest of us 3 have taken for granted. 4 I strongly urge my colleagues to 5 support this bill this time. I think it 6 reflects a lot of the concerns that were 7 raised. We tried to make those changes so 8 that all of you could vote for it. 9 And if you have other questions, 10 Senator Padavan, I will yield. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Savino continues to yield. 13 SENATOR SAVINO: Yes. 14 SENATOR PADAVAN: One of the 15 issues frequently brought up relevant to this 16 broad subject area is the prevalence of 17 illegal immigrants who were employed as 18 domestic workers, obviously paid 19 surreptitiously under the table, abused in 20 many cases, paid less than minimum wage, and 21 so on and so on. 22 Would an illegal immigrant be 23 covered by the provisions of your bill as it 24 relates to potential collective bargaining and 25 other aspects?

Candyco Transcription Service, Inc. 1 SENATOR SAVINO: Through you, 2 Madam President. As you rightly pointed out, 3 Senator Padavan, that was a concern in the 4 last piece of legislation. And I tried as 5 best as I could to address that. So I'm going 6 to start again. 7 It is against the law currently for 8 an employer to hire someone who is not here 9 legally in this country or does not have the 10 right to work legally in this country. That 11 is the employer's responsibility to verify the 12 immigration status of their employees. 13 If they do not, though, that does 14 not absolve that employer of abiding by the 15 labor laws of either the State of New York or 16 the United States. 17 So whether you are here legally or 18 not, if you are in an employment status you 19 are still covered by minimum-wage laws. And 20 if you're a domestic worker, you will be 21 covered by this bill. 22 But the requirement that an illegal 23 alien or an undocumented worker or however you 24 want to refer to them -- they're not supposed 25 to be in someone's employ, but the burden of

Candyco Transcription Service, Inc. 1 that lies on the employer. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator. 4 Are there any other Senators 5 wishing to be heard on the matter? 6 Senator Bonacic. 7 SENATOR BONACIC: On the bill. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Bonacic, on the bill. 10 SENATOR BONACIC: I think this 11 legislation is bad public policy. It sends 12 the wrong message to what we should be saying. 13 We should be saying that we should 14 have a national immigration policy that treats 15 illegals that come into this country to give 16 them a path where they can prosper better than 17 the country where they came from. But they 18 are now, 90 percent of them, according to the 19 sponsor when we spoke previously on the floor, 20 are illegal aliens. 21 That is a wrong message. And I 22 don't know of any state in the country that 23 unilaterally is giving labor benefits to 24 illegals. That's number one. 25 Number two, we had discussed that

Candyco Transcription Service, Inc. 1 this would be an entree for disability and 2 workmen's comp. When this was discussed the 3 last time this bill was brought up, we were 4 told, Oh, no, there's not going to be 5 workmen's comp coverage, there's not going to 6 be disability benefits. 7 And right now I see that there are 8 disability benefits and I do believe there 9 will be workmen's comp coverage. Which means 10 that the rates will eventually go up. And 11 these rates are burdensome now on small 12 businesses. 13 This also will be the beginning of 14 unionizing domestic workers down the road who 15 will be nannies who will work in our homes. 16 So the message is wrong, the public 17 policy is wrong. If you'd encourage them to a 18 path for legal immigration, I would be 19 standing up here and working with the sponsor 20 advocating for this bill, because we're all 21 for treating workers more humanely and giving 22 them dignity, security, and benefits. 23 But the message is wrong, the 24 public policy is wrong. For that reason, I'm 25 voting no.

Candyco Transcription Service, Inc. 1 Thank you, Madam President. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator. 4 Are there any other Senators 5 wishing to be heard on the bill? 6 Hearing none, the debate is closed. 7 The Secretary will please ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 11. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Savino, to explain her vote. 16 SENATOR SAVINO: Thank you, Madam 17 President. 18 First, before I explain my vote, 19 there's somebody I have to thank, somebody 20 who's toiled on this a lot longer than I have, 21 and that is Assemblyman Keith Wright, who is 22 behind me here somewhere. Oh, he just stepped 23 out. Keith Wright, who's been carrying this 24 bill for a lot longer than I have. 25 The Domestic Workers United, who

Candyco Transcription Service, Inc. 1 are up there in the gallery, and their 2 lobbyist, Richie Winston; my colleagues who 3 helped support this; those of you who didn't 4 vote for it the first time but who are voting 5 for it today -- I want to thank you. 6 Senator Bonacic, the message of 7 justice and dignity for workers is never the 8 wrong message. We are achieving something 9 here today that no one has been able to do in 10 any other state in the nation. Your concerns 11 I understand. But I think the common good is 12 far more important. 13 Today, domestic workers in New York 14 State are trailblazers. And you will see 15 states across the country finally find a way 16 to tackle with this, and perhaps we'll get 17 that reform on immigration that, you're right, 18 we do need in this country. 19 But this is a historic day. And I 20 am so happy to be here with all of you and 21 pass this bill, and I know the Governor is 22 anxious to sign it, and then New York again 23 will take its place in the history books as 24 the leader for working people. 25 Thank you.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Savino to be recorded in the 3 affirmative. 4 Senator Adams, to explain his vote. 5 SENATOR ADAMS: Thank you, Madam 6 President. 7 And I too will be voting aye. And 8 I want to thank the sponsors of the bill both 9 in the Senate and Assembly. 10 This is not an immigration bill, 11 this is a human rights bill. And each time, 12 if this was an immigration bill -- this is 13 NYS, New York State. This is not DC. We 14 don't set federal immigration policy. We 15 should be concerned about the humane treatment 16 of individuals and particularly employees. 17 And even if it was an illegal 18 immigrant, when an illegal immigrant or 19 undocumented residents, when they go to the 20 gas station, no one asks for their green card 21 when they pay taxes. When they buy a gallon 22 gone of milk, no one asks for their green card 23 when they pay taxes. 24 So as long as they're here, as long 25 as they're contributing to the society, we

Candyco Transcription Service, Inc. 1 have an obligation and a responsibility to 2 ensure that they're treated in a humane 3 fashion. 4 And to try to hide under the guise 5 and the cloak of that this is about covering 6 and protecting illegal or undocumented 7 residents, that is wrong. This is about 8 New York State leading the way and pricking 9 the conscience of the entire country on how we 10 treat individuals who are employed in our 11 state. 12 That's what this is about. 13 Anything other than that is taking away from 14 the issue. Just as my mother deserved to be 15 treated fairly as a domestic employee, so too 16 the modern-day mothers of countless number of 17 children should be treated in the same way. 18 This bill is right. And we're not 19 going to allow people to take us off of the 20 right turn. I support this bill, and I 21 encourage all to do the same. 22 Thank you, Madam President. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Adams to be recorded in the 25 affirmative.

Candyco Transcription Service, Inc. 1 Senator Schneiderman, to explain 2 his vote. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Madam President. 5 This is a great bill for us to be 6 closing on as we head towards July 4th. This 7 bill is a bill that embodies the basic 8 principles of the founding of our republic. 9 This is a bill that takes another step towards 10 realizing the dream that all men and women are 11 created equal -- not shop workers equal and 12 domestic workers unequal, not building workers 13 equal and farm workers unequal. 14 There are more steps to take in 15 this great American journey towards equality. 16 But Domestic Workers United, Senator Savino, 17 Assemblyman Wright, the entire wonderful 18 coalition that has brought this about, 19 employers and employees working together, 20 Richard Winston ignoring his billable clients 21 to toil on night after night -- although doing 22 an excellent job for them during the day. 23 This is an extraordinarily American 24 step. I am proud to be here voting for it. I 25 think we should all think about this as we

Candyco Transcription Service, Inc. 1 celebrate July 4th. This is what America is 2 about. 3 I vote yes, Madam President. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Schneiderman to be recorded in the 6 affirmative. 7 Senator L. Krueger, to explain her 8 vote. 9 SENATOR LIZ KRUEGER: Thank you, 10 Madam President. 11 I also rise to congratulate all the 12 legislators in both houses who worked so hard 13 to get this bill passed and to recognize the 14 incredible difference in people's lives that 15 this legislation will make. 16 But I'm concerned. I've been 17 reading the bill carefully. When people say 18 they're voting against this bill because 19 perhaps someone who doesn't have legal status 20 in this country might have some law now in 21 effect that applies to them as well, there's 22 nothing in this bill that talks about your 23 legal status. 24 This bill talks about your rights 25 as a worker under U.S. law, your rights to be

Candyco Transcription Service, Inc. 1 treated with equal rights and equal treatment 2 and to assure some fundamental labor 3 protections and respect for people. 4 So I don't understand a no vote if 5 the reason for the no vote is a misreading of 6 this bill as having any policy change on legal 7 status of immigrants one way or the other. 8 That's not what this bill is about. That's 9 not a good reason to vote no. 10 I vote yes, Madam President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Krueger to be recorded in the 13 affirmative. 14 Senator Parker, to explain his 15 vote. 16 SENATOR PARKER: Thank you, Madam 17 President. 18 I rise to add my voice to the 19 chorus of those who are congratulating both 20 Senator Diane Savino and Assemblyman Keith 21 Wright on this great accomplishment today. 22 We're looking forward to this bill becoming a 23 law. 24 I represent the 21st District of 25 Brooklyn, which probably has, you know, one of

Candyco Transcription Service, Inc. 1 the largest populations of workers who in fact 2 do domestic work in the state. And so this is 3 a great bill for my constituency. I think 4 this is going to, you know, again begin a 5 national conversation, as I indicated in the 6 first time that we passed this bill. 7 Because, you know, there are -- 8 although this bill does not -- and Senator 9 Krueger indicated this correctly, although 10 this bill does not specifically speak to 11 immigration, it does in fact implicate the 12 fact that we as a national conversation need 13 to be engaged in immigration reform and we are 14 calling on President Barack Obama to in fact 15 make that one of his top priorities this year. 16 But also this is the first step to 17 really looking at and making sure we have a 18 Domestic Workers' Bill of Rights nationally, 19 to make sure that the primarily female 20 population, the women who work hard in 21 domestic titles all over this country are in 22 fact protected. Because again, as Senator 23 Schneiderman indicated, it is what the 24 American experiment really was founded on. 25 And so I vote aye proudly for this

Candyco Transcription Service, Inc. 1 bill. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Parker to be recorded in the 4 affirmative. 5 Senator Perkins, to explain his 6 vote. 7 SENATOR PERKINS: Thank you very 8 much, Madam President. 9 First let me commend Senator Savino 10 for the extraordinary job that she's done to 11 bring us to this historic moment, and to my 12 Assemblymember, Keith Wright, for the 13 extraordinary work he's been doing even longer 14 on his end to bring us to this moment. 15 I want to take my hat off to the 16 domestic workers for your perseverance and 17 your charm in getting us to this historic 18 moment. There's one domestic worker who 19 couldn't be here today, she's in heaven -- my 20 grandmother. I know that she's smiling down 21 on you, happy for what you have done to bring 22 us to this historic moment. 23 I vote aye and obviously encourage 24 all my colleagues on both sides of the aisle 25 to do the same in the name of all of our

Candyco Transcription Service, Inc. 1 family members who I'm sure, in one way or 2 another, have had to experience something like 3 this as workers in this country, in this state 4 at one point in time. 5 Thank you so much. I vote aye. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Perkins to be recorded in the 8 affirmative. 9 Senator Klein, to explain his vote. 10 SENATOR KLEIN: Thank you, Madam 11 President. 12 I want to thank the sponsor of this 13 bill, Senator Savino. I know she worked long 14 and hard to make sure that this legislation 15 came to fruition. 16 I think most of us, unfortunately, 17 forget that each and every one of us came from 18 someplace else. The immigrant experience is 19 what made our country great. Someone, 20 somewhere in our past, there was an immigrant 21 woman with a bundle on her back, a baby in her 22 arms, and tears in her eyes because she was 23 afraid of the land she was entering. 24 To deny individuals like that in 25 the present day basic rights is bordering on

Candyco Transcription Service, Inc. 1 criminal. And I think today we're sending a 2 strong message to everyone that everyone, 3 regardless of the work that you do, you 4 deserve basic rights as workers. 5 I know earlier on in the debate I 6 spoke about my experience with my grandmother 7 who had a home health aide who became family, 8 and we treated her as such. The legislation 9 today wouldn't have impacted that woman 10 because she was lucky enough to have a loving 11 family that appreciated the work she did for 12 my grandmother. 13 But unfortunately, not everybody is 14 like that. And we have many cases where 15 workers have been abused, denied their rights, 16 and this legislation today addresses that. 17 So again, I vote yes and thank 18 Assemblymember Wright and Senator Savino for 19 once and for all recognizing the rights of 20 domestic workers. 21 Thank you, Madam President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you. Senator Klein to be recorded in 24 the affirmative. 25 Are there any other Senators

Candyco Transcription Service, Inc. 1 wishing to be heard on the bill? 2 Announce the results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 196 are 5 Senators Alesi, Bonacic, DeFrancisco, Farley, 6 Flanagan, Fuschillo, Golden, Griffo, Hannon, 7 O. Johnson, Larkin, LaValle, Leibell, Libous, 8 Little, Marcellino, Maziarz, McDonald, 9 Nozzolio, Ranzenhofer, Saland, Seward, Skelos, 10 Volker, Winner and Young. 11 Ayes, 35. Nays, 26. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The bill is passed. 14 (Cheers from the gallery.) 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Klein, this completes the reading of 17 the controversial calendar. 18 Senator Klein. 19 SENATOR KLEIN: Thank you, Madam 20 President. Can you please recognize Senator 21 John Sampson for some brief remarks. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Sampson. 24 SENATOR SAMPSON: Thank you very 25 much, Madam President.

Candyco Transcription Service, Inc. 1 I just want to congratulate all my 2 colleagues for a very exhaustive legislative 3 session. And I know today is the final day of 4 the regular session, and it would be easy to 5 leave Albany without finishing what we 6 started. But the stakes are just too high, 7 especially here in New York State. And this 8 is the time when New Yorkers need us the most. 9 There are some outstanding issues 10 which we have to take care of, dealing with 11 and negotiating an FMAP contingency plan and 12 also dealing with higher education reform. So 13 in any budget, this may be the end, but at the 14 same time there is the revenue portion that is 15 still outstanding. 16 I would just want to let my 17 colleagues know that I will be calling us back 18 to deal with that issue that relates to the 19 revenue portion of the budget. During that 20 period of time I will be continuing my 21 negotiations with all parties so there can be 22 an effective resolution dealing with one of 23 the key important parts of any revenue 24 package, just in case there is a shortfall in 25 the FMAP portion that we are seeking.

Candyco Transcription Service, Inc. 1 So I just want to let my colleagues 2 know that I will continue to work hard to meet 3 our obligations to make sure we have a fair 4 and responsible budget. But the end is almost 5 near. And during the interim, while I'm 6 waiting to call you back, I will continue my 7 negotiations and look for a resolution with 8 respect to the FMAP contingency plan. 9 Thank you very much, Madam 10 President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Thank you, Senator Sampson. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 I wasn't going to respond, because normally, 16 my good friend John Sampson, the Minority 17 Leader goes first, the Democrat or Majority 18 Leader goes second. 19 But I'm just stunned that it's even 20 being insinuated that this is the end of 21 session, when the Assembly is working on the 22 final part of the budget and Democrats in the 23 majority here are pretending that it's over 24 with, the session, and we're going to go home 25 and someday we're going to come back and

Candyco Transcription Service, Inc. 1 complete the budget which should have been 2 completed on April 1st. 3 So again, this is just the most 4 amazing moment I think I've ever had sitting 5 here in the Senate chamber, that it's going to 6 be pretended that this year's legislative 7 session is over when there's been a dramatic 8 increase in spending by the Senate Democrats 9 and Assembly Democrats, and yet the final 10 piece, whether you agree with it or not, the 11 revenue portion to cover all the spending, is 12 not even voted on. 13 So I cannot in good conscience 14 review what has happened in this session yet, 15 because as far as I'm concerned, and I believe 16 the Republican side of the aisle, this session 17 is not over. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Sampson. 20 SENATOR SAMPSON: Just to, first 21 of all, I want to wish everyone a happy 4th. 22 But to my good friend Senator 23 Skelos, it is not over. We have unfinished 24 business. That's why I'm calling everybody 25 back for that unfinished business. We have

Candyco Transcription Service, Inc. 1 that $1 billion sitting out there, which at 2 one point in time looked very favorable that 3 we may be getting it. But due to the death of 4 Senator Byrd, and also the Governor went down 5 to DC yesterday, there's a question of whether 6 or not we may receive that money. 7 As a result, like anything else, we 8 have to plan for a possible shortfall. We 9 don't want to come back here later on in the 10 year and deal with another deficit reduction 11 plan, as we did earlier last year and at the 12 end of last year. 13 So with that, Senator Skelos, my 14 good friend, we do have unfinished business. 15 But you can bet that the Senate Democrats, we 16 will get that business done and make sure 17 there is a fair and responsible budget that is 18 reflective of our values and the values of the 19 State of New York. 20 Thank you very much, Madam 21 President. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Thank you, Senator Sampson. 24 Senator Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 is there any further business at the desk? 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Klein, the desk is clear. 4 SENATOR KLEIN: There being no 5 further business, Madam President, I move that 6 we adjourn at the call of the Temporary 7 President, intervening days to be legislative 8 days. 9 ACTING PRESIDENT STEWART-COUSINS: 10 There being no further business to come before 11 the Senate, on motion, the Senate stands 12 adjourned until the call of the Temporary 13 President, intervening days being legislative 14 days. 15 (Whereupon, at 12:56 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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