Tuesday, December 7, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 December 7, 2010 11 1:30 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 19 SENATOR DAVID J. VALESKY, Acting President 20 MARY KAY BERGER, Acting Secretary 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 Senate remains in extraordinary session. 16 The reading of the Journal. 17 The Secretary will read. 18 THE SECRETARY: In extraordinary 19 session, Monday, December 6, the Senate met 20 pursuant to adjournment. The Journal of 21 Sunday, December 5, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT VALESKY: 24 Without objection, the Journal stands approved 25 as read.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, 3 there will be an immediate meeting of the 4 Finance Committee, followed by a meeting of 5 the Rules Committee, both in Room 332. 6 Pending the return of the Rules 7 Committee, may we please stand at ease. 8 ACTING PRESIDENT VALESKY: There 9 will be an immediate meeting of the Finance 10 Committee, followed by a meeting of the Rules 11 Committee, both in Room 332. 12 Pending the return of the Rules 13 Committee, the Senate will stand at ease. 14 (Whereupon, the Senate stood at 15 ease at 1:32 p.m.) 16 (Whereupon, the Senate reconvened 17 at 2:25 p.m.) 18 ACTING PRESIDENT VALESKY: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 can you please call on Senator Winner for a 22 brief announcement. 23 ACTING PRESIDENT VALESKY: 24 Senator Winner. 25 SENATOR WINNER: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 There will be an immediate 3 Republican conference in the Republican 4 Conference Room. 5 ACTING PRESIDENT VALESKY: 6 Immediate Republican conference in the 7 Republican Conference Room. 8 SENATOR KLEIN: In the meantime, 9 Mr. President, may we please continue to stand 10 at ease. 11 ACTING PRESIDENT VALESKY: The 12 Senate continues to stand at ease. 13 (Whereupon, the Senate stood at 14 ease at 2:26 p.m.) 15 (Whereupon, the Senate reconvened 16 at 2:54 p.m.) 17 ACTING PRESIDENT VALESKY: 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, 20 can we please return to reports of standing 21 committees. I believe there's a report of the 22 Finance Committee at the desk. 23 ACTING PRESIDENT VALESKY: There 24 is a report of the Finance Committee at the 25 desk, and the Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator C. 2 Kruger, from the Committee on Finance, reports 3 the following nominations. 4 As a member of the board of 5 directors of the New York State Higher 6 Education Services Corporation, Alan M. 7 Klinger, of Great Neck. 8 ACTING PRESIDENT VALESKY: 9 Senator Kruger. 10 SENATOR CARL KRUGER: Thank you, 11 Mr. President. Can we please move the 12 nomination. 13 ACTING PRESIDENT VALESKY: Are 14 there any Senators wishing to be heard on the 15 motion to confirm the nomination? 16 Seeing none, the question is on the 17 motion to confirm the nomination. All in 18 favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 motion carries. The nomination is confirmed. 25 Congratulations to Mr. Klinger, who

Candyco Transcription Service, Inc. 1 is here with us in the gallery today. 2 (Applause.) 3 ACTING PRESIDENT VALESKY: The 4 Secretary will continue to read. 5 THE SECRETARY: As a member of 6 the Metropolitan Transportation Authority, 7 Charles G. Moerdler, of Riverdale. 8 ACTING PRESIDENT VALESKY: 9 Senator Kruger. 10 SENATOR CARL KRUGER: Thank you, 11 Mr. President. It's with great pleasure that 12 I move this nomination. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator. 15 Are there any other Senators who 16 wish to be heard on the nomination? 17 Senator Klein, on the nomination. 18 SENATOR KLEIN: Thank you, 19 Mr. President. 20 It is my privilege to support the 21 nomination of Charles Moerdler. You can't get 22 anyone who has spent a career as illustrious 23 as Charles Moerdler in serving the public 24 good. 25 When we look for the definition of

Candyco Transcription Service, Inc. 1 a public man, there's certainly a picture of 2 Charles Moerdler there. He started out in the 3 Lindsay administration, one of the Lindsay 4 whiz kids in turning around how government 5 functions. He's on a whole array of boards. 6 He still, to this day, after many, many years, 7 serves as the land use chair of a community 8 board in the Bronx. He is someone that 9 understands each and every day how important 10 it is to give something back to our society. 11 So it is my privilege to support my 12 constituent as a member of the MTA board, 13 Charles Moerdler. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Klein. 16 Senator Stavisky. 17 SENATOR STAVISKY: Yes, 18 Mr. President. I want to congratulate both 19 Mr. Klinger and Mr. Moerdler on their 20 confirmation today. 21 And let me just say, as far as 22 Mr. Moerdler is concerned, I want to echo what 23 Senator Klein has said. But Mr. Moerdler, for 24 the record, was a student of my husband's in 25 college. He took a class at LIU when my

Candyco Transcription Service, Inc. 1 husband was teaching at LIU. And he was 2 always very proud of Chuck Moerdler, and every 3 time he saw his name in the newspaper he used 4 to say he felt like Mr. Chips, the old English 5 teacher, when he sees how well his students 6 are doing. 7 So I'm delighted to congratulate 8 both Mr. Klinger and Mr. Moerdler on their 9 confirmations. These are two outstanding 10 individuals who are willing to give service to 11 the people of our state, and for that I 12 congratulate them. 13 Thank you. 14 ACTING PRESIDENT VALESKY: Thank 15 you, Senator Stavisky. 16 Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Mr. President. 19 I also am proud to rise in support 20 of the nomination of Chuck Moerdler, who is 21 someone who has made great, great 22 contributions to part of the community that I 23 share with Senator Klein in Riverdale. He's 24 had an extraordinary professional career, but 25 he's never failed to give back to his

Candyco Transcription Service, Inc. 1 community, to causes that he cares about. 2 He has a long, long, deep 3 relationship with me and my family. And I 4 know that he will provide exactly the kind of 5 service we need for a troubled institution 6 during difficult times. With his creativity, 7 his diligence, and his extraordinary level of 8 integrity, that I can think of no finer 9 nominee for the MTA. 10 I'm proud to support the nomination 11 today. Thank you. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Schneiderman. 14 Are there any other Senators who 15 wish to be heard? 16 Seeing none, the question is on the 17 motion to confirm the nomination. All in 18 favor signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 motion carries. The nomination is confirmed. 25 Mr. Moerdler is joined today in the

Candyco Transcription Service, Inc. 1 chamber by his wife, Pearl. Congratulations. 2 (Applause.) 3 ACTING PRESIDENT VALESKY: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 there's a report of the Rules Committee at the 7 desk. I move that we adopt the Rules report 8 at this time. 9 ACTING PRESIDENT VALESKY: The 10 Secretary will read. 11 THE SECRETARY: Senator Smith, 12 from the Committee on Rules, reports the 13 following Extraordinary Session Senate bills: 14 Senate Print Number 1, by the 15 Senate Committee on Rules, an act to amend the 16 Racing, Parimutuel Wagering and Breeding Law; 17 7, by the Senate Committee on 18 Rules, an act to amend the Public Authorities 19 Law and the Highway Law; 20 8A, by the Senate Committee on 21 Rules, an act to amend Chapter 53 of the Laws 22 of 2010; 23 12, by the Senate Committee on 24 Rules, an act to amend the Energy Law and the 25 Executive Law; and

Candyco Transcription Service, Inc. 1 Extraordinary Session Senate Print 2 Number 14, by the Senate Committee on Rules, 3 an act to amend the Public Authorities Law. 4 All bills ordered direct to third 5 reading. 6 ACTING PRESIDENT VALESKY: All 7 those in favor of adopting the report of the 8 Rules Committee signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT VALESKY: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT VALESKY: The 14 Rules Committee report is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, at 17 this time can we please go to a reading of the 18 calendar. 19 ACTING PRESIDENT VALESKY: The 20 Secretary will proceed with the reading of 21 Extraordinary Session Calendar Number 4. 22 THE SECRETARY: In relation to 23 Calendar Number 4, Senator Smith moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 1 and substitute it for

Candyco Transcription Service, Inc. 1 the identical Senate Bill Number 1, Calendar 2 Number 4. 3 ACTING PRESIDENT VALESKY: 4 Substitution ordered. 5 THE SECRETARY: Calendar Number 6 4, by the Assembly Committee on Rules, 7 Assembly Print Number 1, an act to amend the 8 Racing, Parimutuel Wagering and Breeding Law. 9 SENATOR WINNER: Lay it aside. 10 ACTING PRESIDENT VALESKY: The 11 bill is laid aside. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: In relation to 15 Calendar Number 6, Senator Smith moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 7 and substitute it for 18 the identical Senate Bill Number 7, Third 19 Reading Calendar Number 6. 20 ACTING PRESIDENT VALESKY: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 6, by the Assembly Committee on Rules, 25 Assembly Print Number 7, an act to amend the

Candyco Transcription Service, Inc. 1 Public Authorities Law and the Highway 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 THE SECRETARY: Ayes, 54. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 7, Senator Smith moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 8A and substitute it for 16 the identical Senate Bill Number 8A, Third 17 Reading Calendar Number 7. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 7, by the Assembly Committee on Rules, 23 Assembly Print Number 8A, an act to amend 24 Chapter 53 of the Laws of 2010, enacting the 25 Education, Labor and Family Assistance Budget.

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, 54. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 8, Senator Smith moves to 13 discharge, from the Committee on Rules, 14 Assembly Print Number 12 and substitute it for 15 the identical Senate Bill Number 12, Third 16 Reading Calendar 8. 17 ACTING PRESIDENT VALESKY: 18 Substitution ordered. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 8, by the Assembly Committee on Rules, 22 Assembly Print Number 12, an act to amend the 23 Energy Law and the Executive Law. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 11. This 2 act shall take effect January 1, 2011. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 8: Ayes, 54. Nays, 0. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: In relation to 13 Calendar Number 10, Senator Smith moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 14 and substitute it for 16 the identical Senate Bill Number 14, Third 17 Reading Calendar 10. 18 ACTING PRESIDENT VALESKY: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 10, by the Assembly Committee on Rules, 23 Assembly Print Number 14, an act to amend the 24 Public Authorities Law. 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 THE SECRETARY: Ayes, 54. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 Senator Klein, that completes the 11 reading of the noncontroversial calendar. 12 SENATOR KLEIN: Mr. President, 13 can you please call on Senator Golden. He 14 wanted to speak on one of the previous bills 15 that was passed. 16 ACTING PRESIDENT VALESKY: 17 Certainly. 18 Senator Golden. 19 SENATOR GOLDEN: Thank you, 20 Mr. President. 21 I rise to commend this body for its 22 insight and foresight in being able to bring 23 this bill to the floor and to pass a bill for 24 a great man that did so many great things for 25 our city and our state, supporting the

Candyco Transcription Service, Inc. 1 renaming of the Brooklyn Battery Tunnel in 2 honor of the life and service and the 3 accomplishments of Governor Hugh Carey, on 4 behalf of all of the residents of this great 5 state. 6 Governor Carey has a record of 7 accomplishments that earned him the honor of 8 having the Brooklyn Battery Tunnel named for 9 him. A hero of Brooklyn, a hero of New York, 10 a hero of America. He was a champion of the 11 disabled. He was a man who saved New York's 12 economy in the 1970s. I was one of those 13 laid-off New York City police officers. And 14 through those tough times, this Governor never 15 waivered. He stayed tough and made sure that 16 this state was solvent and that the City of 17 New York was solvent, through his 18 extraordinary leadership. 19 And it's only appropriate that 20 those entering and leaving Brooklyn by means 21 of the Brooklyn Battery Tunnel will travel in 22 the name of one of the best of Brooklyn. And 23 that was Hugh Carey, ladies and gentlemen -- 24 is Hugh Carey. 25 Born in Brooklyn, Hugh Leo Carey

Candyco Transcription Service, Inc. 1 served in the United States Army during World 2 War II, raised a family of 14 children in 3 Brooklyn. And he served as a member of the 4 United States House of Representatives. He 5 was president of the organizing committee for 6 the 1980 Winter Olympic Games. 7 And among the many accomplishments 8 New Yorkers remember, Governor Hugh Carey 9 successfully handled New York City's economic 10 crisis and was responsible for building the 11 Jacob Javits Center, the Battery Park City, 12 the South Street Seaport, and was instrumental 13 in supporting other means of economic 14 development through the outer boroughs of the 15 City of New York. 16 Governor Carey cut taxes 17 significantly. And during his governorship he 18 offered tax credits to encourage new 19 investments. Governor Carey was an advocate 20 for the disabled. He signed the Willowbrook 21 consent decree, which ended the warehousing of 22 the mentally retarded and developmentally 23 disabled. 24 His vision and leadership led to 25 the community placement of the mentally

Candyco Transcription Service, Inc. 1 retarded and developmentally disabled, which 2 later came on to be the Padavan Act, which 3 would allow for our mentally ill to be able to 4 stay and to live in the communities and the 5 homes where they grew up. 6 And, along with Senators Ed Kennedy 7 and Dan Patrick Moynihan and House Speaker Tip 8 O'Neill, Carey led efforts to end the violence 9 in Northern Ireland and support peace in that 10 region. 11 Hugh Carey was a great man and a 12 great leader. Few of his leadership have we 13 seen. And he has and does a great, great job. 14 And I've got to tell you, his 15 family is here today. I wish he could be in 16 the audience; he's down in the city today. 17 But I commend and I thank his family for being 18 here. And if we could give them a round of 19 applaud, ladies and gentlemen, for all of 20 their -- 21 (Standing ovation.) 22 SENATOR GOLDEN: I'm sorry, 23 they're right in the corner over there by the 24 big clock. 25 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Golden. 2 Senator Breslin is also recognized 3 to speak on Calendar Number 6. 4 SENATOR BRESLIN: Thank you very 5 much. 6 I won't repeat everything that 7 Senator Golden has said. He's really said a 8 great deal of positive things about our great 9 Governor Carey. And I think I'll just 10 episodically say that frequently people say 11 that Hugh Carey was the kind of man and person 12 that, if you met him once, you wanted to meet 13 him again. 14 And, you know, the most predominant 15 book about him is in fact "The Man Who Saved 16 New York." A St. John's graduate both 17 undergraduate and law school, 14 years in 18 Congress. But he's the guy who not only saved 19 New York City, he saved the entire state. 20 And, you know, when he came to 21 Albany -- and I consider him a resident of 22 Albany as well as a resident downstate. But 23 he's left a wonderful legacy here. And we're 24 joined today by his daughter Nancy Carey 25 Cassidy and his son Kevin, two very dear

Candyco Transcription Service, Inc. 1 friends of mine, and they share in that legacy 2 and they share in one of the most wonderful 3 leaders in the history of the State of 4 New York. 5 Thank you, Mr. President. 6 Oh, and he's an Irishman, too. I 7 forgot. 8 (Laughter.) 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Breslin. 11 Senator Farley. 12 SENATOR FARLEY: Thank you, 13 Mr. President. 14 I rise to pay tribute to Governor 15 Carey, one of the finest governors this state 16 has ever had, and a man that's a dear friend 17 of mine. Someone that not only was a great 18 governor, but a war hero, battlefield 19 commission, somebody that served this state 20 with distinction during some very troubled 21 times and literally saved the City of New York 22 from bankruptcy. 23 Governor Carey not only was a great 24 governor, he was a great father that raised a 25 wonderful Irish family, which was quite a

Candyco Transcription Service, Inc. 1 challenge many times. 2 And Governor Carey not only served 3 this state well, he served this country. He 4 served the entire nation with his service in 5 Congress and also before, on the battlefield. 6 Governor Carey, to show, back when 7 I was in a very difficult race after he was 8 governor, he not only endorsed me but went on 9 my fundraising letter. And I consider him one 10 of the great servants that has ever served in 11 New York State. A great man. And, you know, 12 he's in his 90s right now, but he's still a 13 vigorous guy. 14 And I know that his family is here, 15 and I wish them well because they have a great 16 legacy and a great father. And I'll tell you, 17 Governor Carey is a great man and a great 18 citizen of this state, and I wish him well. 19 Thank you. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Farley. 22 Senator LaValle. 23 SENATOR LaVALLE: Thank you, 24 Mr. President. 25 It's a great pleasure to rise as we

Candyco Transcription Service, Inc. 1 honor a great New Yorker, a great American, 2 Hugh Carey, who lives at least part of the 3 time on Shelter Island in the First Senatorial 4 District. 5 Hugh Carey had the ability to 6 assemble an intellectual nucleus that was 7 critically important during a very troubled 8 time. I was a staff member in 1975 in this 9 chamber when those individuals who served in 10 this chamber at that time had extremely 11 difficult decisions to make. His leadership 12 paved the way during that critical time, along 13 with Majority Leader Warren Anderson and 14 Stanley Fink, who brought people together to 15 deal with the terrible problems that this 16 state was facing. 17 But when we use the word "leader" 18 and "leadership," it is synonymous with the 19 name "Hugh Carey," who certainly history will 20 be exceedingly kind in defining his 21 governorship and what he did for this state. 22 Thank you, Mr. President. 23 ACTING PRESIDENT VALESKY: Thank 24 you, Senator LaValle. 25 Senator Squadron.

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Thank you, 2 Mr. President. 3 I rise too in honor of Governor 4 Carey and the respect that is being paid to 5 him today. 6 In an earlier crisis in our state's 7 history -- and we all know we're going through 8 one now -- Governor Carey rose above those 9 things that so often divide us, Republican and 10 Democrat, upstate and downstate, to craft a 11 solution that kept the whole state strong and 12 allowed the state to rise and the city to rise 13 from what looked like dark days that might 14 never end. 15 And that ability, that leadership, 16 the ability to bring people together is really 17 what Governor Carey embodies. And so it's 18 important, as Senator Golden pointed out, 19 Governor Carey started in Brooklyn and spread 20 through the whole state to exercise his 21 leadership and get us through that crisis, 22 just as the tunnel we're naming after him 23 today starts in my district in Brooklyn, 24 continues to my district in Manhattan, and 25 then connects Brooklyn to the rest of the

Candyco Transcription Service, Inc. 1 world. 2 So it's really an appropriate 3 honoring of Governor Carey. I'm sure that 4 what he did for New York City, for New York 5 State, for our political culture will never be 6 forgotten. But what we do today will go a 7 long way to ensure that. 8 So congratulations to his family, 9 and another big thank you to Governor Carey 10 for all that he did for New York City and 11 New York State. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Squadron. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 controversial extraordinary session calendar. 18 ACTING PRESIDENT VALESKY: The 19 Secretary will ring the bells. Senators are 20 asked to come to the chamber so that we may 21 commence the reading of the one-bill 22 controversial calendar. 23 (Pause.) 24 ACTING PRESIDENT SAVINO: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 4, substituted earlier by the Assembly 3 Committee on Rules, Assembly Print Number 1, 4 an act to amend the Racing, Parimutuel 5 Wagering and Breeding Law. 6 ACTING PRESIDENT SAVINO: Are 7 there any Senators wishing to be heard on the 8 bill? 9 Seeing none, debate is closed. 10 The Secretary will ring the bells. 11 We ask all members to please return to the 12 chamber so that we can vote on the bill before 13 us. 14 (Pause.) 15 ACTING PRESIDENT SAVINO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SAVINO: Call 20 the roll. 21 (The Secretary called the roll.) 22 SENATOR KLEIN: Madam President. 23 ACTING PRESIDENT SAVINO: Senator 24 Klein. 25 SENATOR KLEIN: Madam President,

Candyco Transcription Service, Inc. 1 I request a slow roll call. 2 ACTING PRESIDENT SAVINO: Seeing 3 as five Senators have risen, we will withdraw 4 the fast roll call and the Secretary will 5 proceed with a slow roll call. 6 THE SECRETARY: Senator Adams. 7 SENATOR ADAMS: I would like to 8 explain my vote. 9 ACTING PRESIDENT SAVINO: Senator 10 Adams to explain his vote. 11 SENATOR ADAMS: First, this is 12 not a bailout. This is not about upstate and 13 downstate. This is about one state. 14 And I think that sometimes you have 15 to go beyond the politics of an issue. And 16 when we look at the faces of the men and women 17 in those green jackets, they're representative 18 of middle-class New Yorkers who held this 19 state together. 20 A no vote on this bill lights the 21 wick to a stick of dynamite that will blow up 22 our racing industry. And if you believe that 23 it will only impact New York State, you have 24 the wrong insight. 25 I traveled from Buffalo to Long

Candyco Transcription Service, Inc. 1 Island, visited horse farms, visited those who 2 made horse feed, visited those who are 3 attached to this industry. If we don't pass 4 this bill, we have started the erosion of 5 racing in the State of New York. Today it is 6 New York City OTB, tomorrow it's Nassau, it's 7 Monticello and other regions. 8 This is an important bill. We owe 9 this to the employees of OTB. They gave up 10 everything. They came to the table with the 11 right spirit and the right energy on what we 12 expect people to do to bring this state in its 13 recovery stage. Fifty percent of their 14 employees, they're losing. They are losing 15 their Sunday overtimes and other issues. 16 This is an important bill. I vote 17 aye, and I'm asking my colleagues to do the 18 same and take the politics out of racing. 19 Even if we have to win it by a nose, let's win 20 it for the people of this state. 21 (Applause from the gallery.) 22 ACTING PRESIDENT SAVINO: Senator 23 Adams will be recorded in the affirmative. 24 The Secretary will continue to call 25 the roll slowly.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Addabbo. 2 SENATOR ADDABBO: Yes. 3 THE SECRETARY: Senator Alesi. 4 SENATOR ALESI: No. 5 THE SECRETARY: Senator 6 Aubertine. 7 SENATOR AUBERTINE: Yes. 8 THE SECRETARY: Senator Bonacic. 9 SENATOR BONACIC: No. 10 THE SECRETARY: Senator Breslin. 11 SENATOR BRESLIN: Yes. 12 THE SECRETARY: Senator 13 DeFrancisco. 14 (No response.) 15 THE SECRETARY: Senator Diaz. 16 (No response.) 17 THE SECRETARY: Senator Dilan. 18 SENATOR DILAN: Yes. 19 THE SECRETARY: Senator Duane. 20 SENATOR DUANE: Yes. 21 THE SECRETARY: Senator Espada. 22 (No response.) 23 THE SECRETARY: Senator Farley. 24 (No response.) 25 THE SECRETARY: Senator Flanagan.

Candyco Transcription Service, Inc. 1 SENATOR FLANAGAN: To explain my 2 vote. 3 ACTING PRESIDENT SAVINO: Senator 4 Flanagan to explain his vote. 5 SENATOR FLANAGAN: Thank you, 6 Madam President. 7 I listened in earnest to my 8 colleague Senator Adams speak, and I agree 9 partially with what he said. But I don't 10 think this is about lighting a stick of 11 dynamite. When I look at this issue, I look 12 at it in relation not only to the City of 13 New York but the entire State of New York. 14 All -- not all of us, but some of 15 us have OTBs in our region. And if we're 16 looking at this in a holistic approach, then 17 we can do better than what's out here on the 18 floor. There are other pieces of legislation 19 that I believe are better for all interests in 20 the State of New York -- the racing industry, 21 the people who are employed in various 22 positions not only in the City of New York but 23 all across the State of New York. 24 In my estimation, this is about 25 politics. And it's not being done on the

Candyco Transcription Service, Inc. 1 merits, and we can do much better. And 2 frankly we should do much better. Because 3 I'll make a prediction. If we don't do this 4 in totality and approach it the right way, 5 we're going to be back here looking at 6 New York City again, and then Nassau County, 7 Suffolk County, Westchester, the Capital 8 Region. We're going to be revisiting this 9 issue because it was not done the right way 10 now. I can't say not done the right way the 11 first time, because this is certainly not the 12 first time we've been tackling this issue. 13 We have important business that's 14 going to affect the racing industry and the 15 economy of the State of New York as a whole. 16 One of my colleagues, Senator Lanza, has a 17 better bill that helps the City of New York 18 and helps the entire state. That's the 19 approach we should be taking. 20 And there is, in my opinion, a rush 21 to judgment that is going to create a 22 short-term gain for some and long-term pain 23 for everybody in this room because we're going 24 to be discussing this issue again and voting 25 on more problems related to the fact that it

Candyco Transcription Service, Inc. 1 wasn't done properly now. 2 I vote no. 3 ACTING PRESIDENT SAVINO: Senator 4 Flanagan to be recorded in the negative. 5 The Secretary will continue to call 6 the roll slowly. 7 THE SECRETARY: Senator Foley. 8 SENATOR FOLEY: Yes. 9 THE SECRETARY: Senator 10 Fuschillo. 11 SENATOR FUSCHILLO: No. 12 THE SECRETARY: Senator Golden. 13 SENATOR GOLDEN: To explain my 14 vote. 15 ACTING PRESIDENT SAVINO: Senator 16 Golden to explain his vote. 17 SENATOR GOLDEN: Madam President, 18 we have talked about OTB now for years, and we 19 keep on kicking that can down the street. 20 I believe it's time for 21 public/private partnerships where we can 22 actually pick up 350 DC-37 employees and put 23 them into these new franchised OTB in the City 24 of New York. 25 What we could do in my bill is to

Candyco Transcription Service, Inc. 1 have a sports bar, and in that sports bar you 2 would have one kiosk and two screens. And 3 each of those screens would be $400, and that 4 kiosk would be $400. And the price of 5 increasing that liquor license would also go 6 up, but the State of New York and the City of 7 New York would make money. And at the end of 8 the day, the franchise price would pay for the 9 pension costs and the health and welfare costs 10 of every employee within DC-37. 11 It is important that we deal with 12 this correctly going forward. And it's 13 important that we do a public/private 14 partnership, that we do include DC-37 in some 15 of those jobs, to make sure that they have the 16 ability to have a living. 17 But at the same point, it's time 18 for the City and the State of New York to 19 start making money with the OTBs across this 20 great state and stop losing money. And the 21 only way you do that, ladies and gentlemen, is 22 by a franchise, by opening up a franchise 23 either by region or by statewide. And I'm 24 going to tell you, there would be plenty of 25 people that would be willing to spend money to

Candyco Transcription Service, Inc. 1 take that franchise in New York City. 2 This bill that we have before us 3 gives everything to NYRA -- $30 million we 4 give to NYRA as the OTB Internet and phones. 5 That's the only real asset that OTB has. OTB 6 cannot file bankruptcy. If OTB gets in 7 trouble next year, where does it go? It goes 8 to NYRA. NYRA made a great sale here. They 9 bought OTB in the City of New York for 10 $30 million. Is that what we want to do? I 11 don't think so. 12 Ladies and gentlemen, 13 public/private partnership. That's what we 14 need to do for the people of our great city 15 and our great state. 16 I vote no. 17 ACTING PRESIDENT SAVINO: Senator 18 Golden to be recorded in the negative. 19 The Secretary will continue to call 20 the roll slowly. 21 THE SECRETARY: Senator Griffo. 22 SENATOR GRIFFO: No. 23 THE SECRETARY: Senator Hannon. 24 SENATOR HANNON: No. 25 THE SECRETARY: Senator

Candyco Transcription Service, Inc. 1 Hassell-Thompson. 2 SENATOR HASSELL-THOMPSON: Yes. 3 THE SECRETARY: Senator Huntley. 4 SENATOR HUNTLEY: Yes. 5 THE SECRETARY: Senator C. 6 Johnson. 7 SENATOR CRAIG JOHNSON: Yes. 8 THE SECRETARY: Senator O. 9 Johnson. 10 SENATOR OWEN JOHNSON: No. 11 THE SECRETARY: Senator Klein. 12 ACTING PRESIDENT SAVINO: Senator 13 Klein to explain his vote. 14 SENATOR KLEIN: Madam President, 15 this is certainly, you know, a sad day. We 16 were called up to Albany by the Governor once 17 again in extraordinary session to save 18 off-track betting in New York City. With the 19 Christmas holiday approaching -- and some of 20 the people are here -- to actually put them on 21 the unemployment line at this point in time is 22 inhuman. 23 We're here not only hurting these 24 poor people and forcing them to lose 25 employment but, as my colleague Senator Eric

Candyco Transcription Service, Inc. 1 Adams said, this is really the death knell of 2 racing in New York State. 3 New York City OTB doesn't just have 4 an impact, and a positive one, on New York 5 City, but through the entire state. Over 6 $700 million goes to state racing across the 7 State of New York every year. The local 8 economy that benefits from New York City OTB 9 is not only downstate but upstate and the 10 suburbs as well. So by having OTB close, if 11 this bill does go down without the required 12 votes, would really be the death knell of 13 racing in New York State. 14 I have in front of me a press 15 release that was just put out by the New York 16 Racing Association which states that "NYRA 17 announced today that the provisions being 18 sought by the regional Off-Track Betting 19 Corporations as part of the legislation to 20 permit New York City OTB to emerge from 21 bankruptcy could force NYRA into bankruptcy 22 once again." 23 So again, by having this bill, if 24 it does go down without the required votes, 25 we're not only impacting these poor people who

Candyco Transcription Service, Inc. 1 work and have dedicated their lives to the 2 Off-Track Betting Corporation, but we're also 3 hurting the racing industry and the farm 4 industry and everything else that's related to 5 racing in New York State. 6 So I vote yes, Madam President. 7 ACTING PRESIDENT SAVINO: Senator 8 Klein to be recorded in the affirmative. 9 The Secretary will continue to call 10 the roll slowly. 11 THE SECRETARY: Senator 12 L. Krueger. 13 (No response.) 14 THE SECRETARY: Senator C. 15 Kruger. 16 SENATOR CARL KRUGER: Madam 17 President, to explain my vote. 18 ACTING PRESIDENT SAVINO: Senator 19 Carl Kruger to explain his vote. 20 SENATOR CARL KRUGER: Today we're 21 joined in the gallery by several of my 22 constituents: Larry Goldberg, Alvin Rivers, 23 Ron Silverstein, Elizabeth Nieves, a single 24 mother, Amanda Tan. Would those people please 25 stand up for a moment? Thank you very, very

Candyco Transcription Service, Inc. 1 much. 2 Today what we've done by defeating 3 this bill is taken 800 hardworking 4 rank-and-file unionists, people that have 5 given 36 years, 25 years, 33 years, 13 years 6 into a system, a system that we are going to 7 be responsible to pick up the tab for to the 8 tune of about $600 million, which will become 9 an obligation to this state because of these 10 not layoffs, but actual terminations. 11 Today by this vote, this body, by 12 rejecting this bill, does not lay these people 13 off, but they fire them. And by doing that, 14 they take an entire industry and throw it into 15 the toilet bowl. Approximately $700 million 16 worth of economic engine is potentially 17 destroyed by today's vote. Over 17,000 jobs 18 across this state are thrown into jeopardy 19 because of this vote. 20 So this is not so much a vote about 21 what is OTB. Let's start putting a face on 22 some of these cuts. While we talk about 23 developing economic opportunities, we can't 24 talk through both sides of our mouth. What we 25 say on the north side of town we have to be

Candyco Transcription Service, Inc. 1 able to say on the south side of town. And 2 what we are doing by this one particular 3 vote -- and there's more that are going to be 4 coming down the pike as we so-called kick that 5 proverbial can down the road -- we are going 6 to be destroying opportunity. We're going to 7 be destroying futures. We're going to be 8 destroying so much of what this state is all 9 about. 10 So what I say today to my 11 colleagues in government is let's start to 12 recognize that when we start looking at this 13 budget, when we start addressing a deficit 14 reduction plan, for the past two years we have 15 been very, very cognizant to put a face behind 16 those cuts. Today, with reckless disregard of 17 those faces that stay in this body in this 18 chamber, and for those faces around the state, 19 and some faces that we will never know as an 20 industry collapses, today's vote is the death 21 knell for the racing industry in New York 22 State. 23 I vote yes. 24 ACTING PRESIDENT SAVINO: Senator 25 Kruger to be recorded in the affirmative.

Candyco Transcription Service, Inc. 1 The Secretary will continue to call 2 the roll slowly. 3 THE SECRETARY: Senator Lanza. 4 SENATOR LANZA: Madam President, 5 may I explain my vote? 6 ACTING PRESIDENT SAVINO: Senator 7 Lanza to explain his vote. 8 SENATOR LANZA: Thank you. 9 You know, I listened to Senator 10 Adams talk about the need to remove politics 11 from this issue, and I agree completely. Make 12 no mistake about this, folks: The only reason 13 why this bill is on the floor here for this 14 vote is because of politics. 15 You know, a lot of times the public 16 only sees this last moment when legislation 17 comes to the floor for a vote, but they don't 18 get to see behind the curtain with respect to 19 the process that has led us here. So let me 20 pull down that curtain for a moment here. 21 You know, talk about acting at the 22 11th hour. We're beyond the 12th hour here. 23 We were here a week and a half ago, and a bill 24 didn't even come to the floor, was not put on 25 the floor by the Senate Democrat Majority.

Candyco Transcription Service, Inc. 1 And now the Senate Democrat Majority is 2 putting the bill on the floor knowing that 3 they don't have the votes for passage, knowing 4 that that's the fact. 5 So why, then, are we voting on this 6 bill? Because for only one reason, Senator 7 Adams. Because of politics. Let's stick it 8 to the other side. Let's be able to blame 9 them. 10 Well, you know, I've got another 11 piece of legislation. If you believe that 12 this bill is a good bill, well, then, you've 13 got to really love my bill. Because all the 14 concessions that are given to OTB in New York 15 City are extended throughout OTB regions in 16 the state. If you really want to solve this 17 problem, then you've got to do it in a 18 comprehensive and thoughtful fashion. 19 Yes, I feel for the men and women, 20 the hardworking men and women of DC-37 OTB, 21 those people that are here with the green 22 jackets. We do owe them a responsibility. 23 But I am telling you that this bill, the one 24 on the floor here, the take-it-or-leave-it 25 option that we're being given here, it's

Candyco Transcription Service, Inc. 1 merely a temporary stay of execution for you, 2 and they know that. We've got to fix it once, 3 fix it right, and fix it for good. My 4 legislation would do it. 5 Let me also tear down the curtain a 6 little more. You know, there were discussions 7 between leadership from the Democratic side of 8 the aisle and the Republican side of the 9 aisle, and they were going very well. We were 10 headed toward a real solution for you. And 11 all of a sudden the plug was pulled. Why? 12 Ask them why. Ask them why we're not now at 13 the table discussing how to really do this 14 right. 15 And you know, let me say one more 16 thing about this doomsday scenario right now. 17 Larry Schwartz, who works for Governor 18 Paterson, does not need to pull the plug. He 19 doesn't have to do it today. There's 20 absolutely no reason. This is a decision 21 that's being made -- or a threat, I would say, 22 that is being made with your lives. 23 So I'm going to reluctantly, Madam 24 President, vote no in the hope and the belief 25 that you won't leave town. Because we won't

Candyco Transcription Service, Inc. 1 leave town either if you want to sit down and 2 get this right. There's no reason for us to 3 leave without truly solving this problem. And 4 there's no reason -- and I have a call out to 5 the Governor of our state and to Larry 6 Schwartz. There's no reason for you to pull 7 the plug. No legal reason, no actual reason 8 for that to happen. That's a bunch of 9 baloney. 10 So let's sit down, my friends 11 across the aisle, and let's get it right. And 12 that's why I'm going to reluctantly vote no -- 13 to hopefully get people to get in a room, to 14 sit at the table and truly, Senator Adams, 15 remove politics from this process. 16 Thank you. I vote no. 17 ACTING PRESIDENT SAVINO: Senator 18 Lanza to be recorded in the negative. 19 The Secretary will continue to call 20 the roll slowly. 21 THE SECRETARY: Senator Larkin, 22 excused. 23 Senator LaValle. 24 SENATOR LaVALLE: To explain my 25 vote, Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 LaValle to explain his vote. 3 SENATOR LaVALLE: Today, as I sit 4 here, it's a real puzzlement to me. The role 5 of a legislature is to reach a consensus. 6 This is one state. And if it is one state, 7 there are disparate interests throughout the 8 state that need to come together. There are 9 regional interests that need to be 10 represented. 11 The people of the First Senatorial 12 District in Suffolk County send me here to 13 represent Suffolk County's interests. And 14 Suffolk County's OTB is in trouble, and they 15 are not being represented. 16 We should have been here, after 17 dealing with this issue for about a year, and 18 negotiations should have brought us to a point 19 on this very day where everyone in this 20 chamber should be voting aye because their 21 interest and where they live is being 22 represented in this forum, this chamber. 23 And so Suffolk County is not being 24 represented here. And we should not be 25 leaving New York City. But someone at some

Candyco Transcription Service, Inc. 1 point should have said there are other OTBs 2 that need to be taken care of, just as we need 3 to take care of the New York City OTB. 4 So, Madam President, I vote in the 5 negative on this legislation. 6 ACTING PRESIDENT SAVINO: Senator 7 LaValle to be recorded in the negative. 8 The Secretary will continue to call 9 the roll slowly. 10 THE SECRETARY: Senator Libous, 11 excused. 12 Senator Little. 13 SENATOR LITTLE: No. 14 THE SECRETARY: Senator 15 Marcellino. 16 SENATOR MARCELLINO: No. 17 THE SECRETARY: Senator Maziarz. 18 SENATOR MAZIARZ: No. 19 THE SECRETARY: Senator McDonald. 20 SENATOR McDONALD: Yes. 21 THE SECRETARY: Senator 22 Montgomery. 23 ACTING PRESIDENT SAVINO: Senator 24 Montgomery, to explain her vote. 25 SENATOR MONTGOMERY: Yes, Madam

Candyco Transcription Service, Inc. 1 President, to explain my vote. 2 As long as I've been here, I learn 3 something new all the time. And I'm learning 4 this wonderful tactic that if I don't get what 5 I want, nobody wins. And so that's what we 6 seem to be talking about today. 7 Senator Lanza talks about a bill 8 that I don't believe is alive. And so if we 9 miss this opportunity to vote on the bill that 10 has already passed the Assembly, has been 11 agreed upon by the Governor, then we miss the 12 opportunity. So I just wanted to make sure I 13 understand what the tactic is that we're 14 facing today. 15 The second thing that I want to say 16 is I have been told by one of my colleagues, 17 Madam President, that this is not really 18 costing, to do this bill does not cost the 19 state anything to save all of these jobs. 20 That if we do this -- if we don't do it, if we 21 vote no, it means that the state will be 22 indebted to resolve some of the liabilities 23 that will come about because of our not acting 24 on this legislation. 25 So we in fact are missing an

Candyco Transcription Service, Inc. 1 opportunity to save the jobs of some of the 2 New Yorkers, some of whom live -- many of whom 3 live in my district, some of whom live in my 4 own building. I am here to vote for the 5 people who need jobs because we're coming into 6 the holidays, they have family 7 responsibilities, they need to work. And all 8 we have to do is pass this legislation. 9 It doesn't cost us anything to save 10 their jobs, yet we come up with an excuse of, 11 oh, I have another bill, or I have another 12 idea for a bill, or why didn't we do this last 13 year and so therefore I'm voting no. Because 14 people obviously don't understand how 15 difficult it is for people working families to 16 be faced with the loss of a job. They maybe 17 don't understand; maybe they don't care. But 18 certainly this is an obligation that we have 19 to at least save the jobs of the people and 20 the racing industry in our state. 21 So, Madam President, I vote aye. 22 ACTING PRESIDENT SAVINO: Senator 23 Montgomery to be recorded in the affirmative. 24 The Secretary will continue to call 25 the roll slowly.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator Nozzolio. 2 SENATOR NOZZOLIO: Madam 3 President, I ask permission to explain my 4 vote. 5 ACTING PRESIDENT SAVINO: Senator 6 Nozzolio to explain his vote. 7 SENATOR NOZZOLIO: Thank you, 8 Madam President and my colleagues. 9 I've listened intently to those who 10 are who are speaking and come to this 11 conclusion. When an item is negotiated behind 12 closed doors, when all the parties directly 13 impacted by that decision are not party to the 14 discussions, when legislators from this side 15 of the aisle are totally excluded from those 16 discussions, when this whole process is one of 17 question and results in unequal and I daresay 18 unfair treatment to parties that were not 19 necessarily at the table all the time or not 20 at the table at all, you can only conclude 21 that there can be a better way. 22 There is a better way. There 23 should be a broader, more significant and open 24 discussion about this important issue. With 25 all due respect to my colleagues who say that

Candyco Transcription Service, Inc. 1 there are jobs involved here, there's 2 certainly an important component. But what 3 about taxpayers' resources? What about the 4 policies that lead to those jobs? What about 5 those who are being -- doing the same, 6 performing the same task yet receiving much 7 different treatment by this legislation? 8 Those are the questions that this 9 body should be asking. And it should be 10 asking is the remedy fair, is it inclusive, is 11 it just, and does it support the best 12 interests of our taxpayers. 13 This measure before us is 14 inadequate on all those counts. Can we do 15 better? Absolutely yes. And the negotiators 16 should begin today to achieve that objective. 17 It has been discussed often, we have a better 18 way, we can achieve a better way. And that's 19 why I must reluctantly vote against this 20 measure today, with the hope that that will be 21 a signal to those to get to the table, be more 22 inclusive in the discussions around that 23 table, and produce a better product for our 24 taxpayers and for those who are directly 25 impacted by this industry.

Candyco Transcription Service, Inc. 1 Madam President, I must vote in the 2 negative. 3 ACTING PRESIDENT SAVINO: Senator 4 Nozzolio to be recorded in the negative. 5 The Secretary will continue to call 6 the roll slowly. 7 THE SECRETARY: Senator Onorato. 8 SENATOR ONORATO: To explain my 9 vote, Madam President. 10 ACTING PRESIDENT SAVINO: Senator 11 Onorato to explain his vote. 12 SENATOR ONORATO: I can't believe 13 what we're going through right now here. With 14 the economy tanking as it is, we are now about 15 to layoff 800 employees from New York City OTB 16 parlor. But the other effect of it is 17 probably going to affect somewhere in the 18 neighborhood of 2,500 workers throughout the 19 state in the entire industry. 20 We are certainly coming into the 21 holiday season with good cheer and welfare to 22 everybody again. Merry Christmas, everybody. 23 And I hope you have a good night's sleep 24 knowing full well that these people may not 25 even be able to collect unemployment insurance

Candyco Transcription Service, Inc. 1 because they're being terminated and there's a 2 discussion of whether or not they'll be 3 entitled to unemployment. 4 So for those of you who haven't 5 voted yet, please consider those effects on 6 these 800 people and their families. I urge 7 you to vote yes. 8 I vote aye. 9 ACTING PRESIDENT SAVINO: Senator 10 Onorato will be recorded in the affirmative. 11 The Secretary will continue to call 12 the roll slowly. 13 THE SECRETARY: Senator 14 Oppenheimer. 15 SENATOR OPPENHEIMER: Aye. 16 THE SECRETARY: Senator Padavan. 17 SENATOR PADAVAN: Yes. 18 THE SECRETARY: Senator Parker. 19 (No response.) 20 THE SECRETARY: Senator Peralta. 21 SENATOR PERALTA: I choose to 22 save jobs. I vote yes. 23 THE SECRETARY: Senator Perkins. 24 SENATOR PERKINS: I'd like to 25 take a moment and explain my vote, Madam

Candyco Transcription Service, Inc. 1 Chair. 2 ACTING PRESIDENT SAVINO: Senator 3 Perkins to explain his vote. 4 SENATOR PERKINS: You know, it 5 just seems, in the context of historically 6 high unemployment rates and with our economy 7 in the bad shape that it is, sort of a 8 no-brainer to with one vote be able to make a 9 significant difference in at least 800 jobs, 10 if not more, and the effect that that will 11 have on families and the effect that that will 12 have on the economies not just in the area 13 where those jobs will take place but 14 throughout the whole state. 15 Someone working in Buffalo helps 16 the economy for all of us. And someone 17 working in New York City helps the economy for 18 all of us. We cannot assume that that benefit 19 is limited to that community where that job 20 will take place, because those taxes are not 21 just going to be used in that neighborhood. 22 Those taxes are going to be used to address 23 the concerns for all New Yorkers. 24 So it just seems to me that we have 25 an easy vote here today to be able to create,

Candyco Transcription Service, Inc. 1 through this vote, so many jobs, so many 2 opportunities for some improvement in people's 3 lives, especially in the context not just of 4 the economy or the unemployment rate that 5 we're having now, but also the season, which 6 suggests that we would want to leave here 7 bringing some good cheer to somebody at this 8 point in time. 9 So please record me as voting aye. 10 Thank you. 11 ACTING PRESIDENT SAVINO: Senator 12 Perkins to be recorded in the affirmative. 13 The Secretary will continue to call 14 roll slowly. 15 THE SECRETARY: Senator 16 Ranzenhofer. 17 SENATOR RANZENHOFER: No. 18 THE SECRETARY: Senator Robach. 19 SENATOR ROBACH: No. 20 THE SECRETARY: Senator Saland, 21 excused. 22 Senator Sampson. 23 SENATOR SAMPSON: Aye. 24 THE SECRETARY: Senator Savino. 25 SENATOR SAVINO: Yes.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator 2 Schneiderman. 3 SENATOR SCHNEIDERMAN: Yes. 4 THE SECRETARY: Senator Serrano. 5 SENATOR SERRANO: Yes. 6 THE SECRETARY: Senator Seward. 7 SENATOR SEWARD: No. 8 THE SECRETARY: Senator Skelos. 9 (Senator Skelos recorded in the 10 negative.) 11 THE SECRETARY: Senator Smith, 12 excused. 13 Senator Squadron. 14 SENATOR SQUADRON: Yes. 15 THE SECRETARY: Senator 16 Stachowski. 17 SENATOR STACHOWSKI: Yes. 18 THE SECRETARY: Senator Stavisky. 19 SENATOR STAVISKY: Yes. 20 THE SECRETARY: Senator 21 Stewart-Cousins. 22 SENATOR STEWART-COUSINS: Yes. 23 THE SECRETARY: Senator Thompson. 24 SENATOR THOMPSON: Yes. 25 THE SECRETARY: Senator Valesky.

Candyco Transcription Service, Inc. 1 SENATOR VALESKY: To explain my 2 vote. 3 ACTING PRESIDENT SAVINO: Senator 4 Valesky to explain his vote. 5 SENATOR VALESKY: Madam 6 President, I do believe this is a bill that is 7 about jobs, first and foremost. I do also 8 believe that it is -- that there may be the 9 opportunity to do something and to bring a 10 product to the floor that would be better than 11 this. 12 Well, my concern is should we take 13 that chance. Should we take the chance when 14 tonight, my understanding is tonight there 15 will be at least 800 direct jobs lost 16 immediately? 17 But my concern is the statewide 18 impact on jobs. And I just want to share with 19 you, Madam President and my colleagues, some 20 of the information that I think should be 21 helpful and instructive as we try to decide 22 what to do with this particular piece of 23 legislation. Because the fact of the matter 24 is -- and the one thing that we can't 25 change -- the Assembly is not here today. I

Candyco Transcription Service, Inc. 1 would have liked a better product today. The 2 Assembly did not take up that better product. 3 They are not here, and that is not an option 4 that is on the table. 5 So I think about over 250,000 6 New Yorkers who participate in the equine 7 industry across the state, as owners, service 8 providers, employees and volunteers. A 9 $2.4 billion annual economic impact on 10 New York State's economy, across the entire 11 state, one New York. Seventeen thousand 12 full-time jobs that the New York equine 13 industry directly provides here in New York 14 State. And spending by suppliers and 15 employees that generates additional jobs in 16 New York, for a total employment impact of 17 over 35,000 agribusiness jobs. 18 Madam President, I'm not willing to 19 take the risk that if we do not take this 20 action today some number of those jobs are not 21 going to be lost between tomorrow and whenever 22 we get a chance to do a better product on the 23 floor of this Senate. 24 Not only that, we are about, 25 assuming this bill fails, to add another

Candyco Transcription Service, Inc. 1 $600 million in debt to the State of New York 2 and on New York State taxpayers' backs. Last 3 time I checked, we have a $315 million 4 mid-fiscal-year deficit that is yet to be 5 closed. We have a deficit for the new fiscal 6 year that begins on April 1st: $9 billion, 7 $10 billion. It seems to continue to grow 8 every day that you hear new numbers. 9 And we're going to take an act 10 today that would cost jobs and add over half a 11 billion dollars in debt on the New York State 12 budget? It just doesn't make sense. I vote 13 in the affirmative. 14 ACTING PRESIDENT SAVINO: Senator 15 Valesky to be recorded in the affirmative. 16 The Secretary will continue to call 17 the roll slowly. 18 THE SECRETARY: Senator Volker. 19 SENATOR VOLKER: No. 20 THE SECRETARY: Senator Winner. 21 SENATOR WINNER: No. 22 THE SECRETARY: Senator Young. 23 SENATOR YOUNG: No. 24 ACTING PRESIDENT SAVINO: The 25 Secretary will call the absentees.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Senator 2 DeFrancisco. 3 (No response.) 4 THE SECRETARY: Senator Diaz. 5 (No response.) 6 THE SECRETARY: Senator Espada. 7 (No response.) 8 THE SECRETARY: Senator Farley. 9 (No response.) 10 THE SECRETARY: Senator 11 L. Krueger. 12 (No response.) 13 THE SECRETARY: Senator Parker. 14 (No response.) 15 ACTING PRESIDENT SAVINO: 16 Announce the results. 17 THE SECRETARY: Ayes, 29. Nays, 18 21. 19 ACTING PRESIDENT SAVINO: The 20 bill is failed. 21 That completes the reading of the 22 controversial calendar, Senator Klein. 23 Senator Klein. 24 SENATOR KLEIN: Madam President, 25 can we please stand at ease for five minutes

Candyco Transcription Service, Inc. 1 at the most. 2 ACTING PRESIDENT SAVINO: The 3 Senate will stand at ease. 4 (Whereupon, the Senate stood at 5 ease at 4:01 p.m.) 6 (Whereupon, the Senate reconvened 7 at 4:12 p.m.) 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Klein. 10 SENATOR KLEIN: Madam President, 11 is there any further business at the desk? 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Klein, the desk is clear. 14 SENATOR KLEIN: There being no 15 further business, Madam President, I move that 16 we adjourn at the call of the Temporary 17 President. 18 ACTING PRESIDENT STEWART-COUSINS: 19 There being no further business to come before 20 the Senate, on motion, the Senate stands 21 adjourned at the call of the Temporary 22 President. 23 (Whereupon, at 4:13 p.m., the 24 Senate adjourned.) 25

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