Tuesday, March 8, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 8, 2011 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH E. ROBACH, Acting President 19 FRANCIS W. PATIENCE, 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 ROBACH: The 3 Senate will come to order. 4 I now ask everyone present to 5 please join me in the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT ROBACH: If we 9 could now bow our heads as we have our 10 invocation today by William Francis Murphy, 11 the Bishop of the Diocese of Rockville Centre. 12 BISHOP MURPHY: Senator Robach, 13 thank you so very much. 14 It's an honor and privilege for me 15 to be here with you today representing the 16 Catholic Bishops of New York State, who have 17 been here visiting with many people from 18 around our state, and our Catholic families, 19 to speak with you and with others about the 20 important work that you do. 21 And know that we pray for you every 22 day. But today it's my high honor to be able 23 to pray with you as you inaugurate this 24 session of the State Senate. 25 I come from Rockville Centre, and

Candyco Transcription Service, Inc. 1 I'm the Catholic Bishop there. And as you all 2 know, the State Senator is a good Greek 3 Orthodox. And so I am wearing the cufflinks 4 that the Ecumenical Patriarch, Bartholomew of 5 Constantinople, gave to me, just to let you 6 know how close I feel to my State Senator. 7 Let us pray. 8 Almighty and Eternal God, You have 9 revealed Your glory to all the nations. God 10 of power and might, wisdom and justice, 11 through You laws are enacted for the common 12 good of all. 13 Let the light of Your divine wisdom 14 direct the deliberations of this State Senate, 15 and especially, if I may, Lord, for my dear 16 friend and Senator, Dean Skelos. 17 May all the members of this august 18 Senate seek to frame laws that preserve peace, 19 promote true happiness, and continue to bring 20 this state the blessings of liberty and 21 equality. May all the members of our State 22 Senate enjoy Your powerful protection as they 23 seek to discharge their duties with honesty 24 and integrity. 25 We likewise commend to Your

Candyco Transcription Service, Inc. 1 unbounded goodness all the citizens of this 2 Empire State. 3 May we persevere in building up 4 unity and strive to realize that peace which 5 is Your gift for the good of all and everyone. 6 For we rejoice in Your protection and Your 7 care, for You are one God and Lord, forever 8 and ever. Amen. 9 ACTING PRESIDENT ROBACH: Thank 10 you, Bishop Murphy. 11 And let me also recognize in the 12 gallery His Excellency the Most Reverend 13 Timothy Michael Dolan, Archbishop of the 14 Diocese of New York. 15 (Applause.) 16 ACTING PRESIDENT ROBACH: And the 17 Reverend Howard J. Hubbard, Bishop of the 18 Roman Catholic Diocese here in Albany. 19 Thank you for joining us here 20 today. 21 (Applause.) 22 ACTING PRESIDENT ROBACH: Reading 23 of the Journal. 24 The Secretary will read. 25 THE SECRETARY: In Senate,

Candyco Transcription Service, Inc. 1 Monday, March 7, the Senate met pursuant to 2 adjournment. The Journal of Sunday, March 6, 3 was read and approved. On motion, Senate 4 adjourned. 5 ACTING PRESIDENT ROBACH: Without 6 objection, the Journal stands approved as 7 read. 8 Presentation of petitions. 9 Messages from the Assembly. 10 Messages from the Governor. 11 Reports of standing committees. 12 Senator DeFrancisco. 13 SENATOR DeFRANCISCO: There's a 14 report of the Finance Committee at the desk 15 dealing with four nominations. And I would 16 request permission to have those nominations 17 read. 18 ACTING PRESIDENT ROBACH: The 19 Secretary will read. 20 THE SECRETARY: Senator 21 DeFrancisco, from the Committee on Finance, 22 reports the following nominations. 23 As the Commissioner of the New York 24 State Department of Environmental 25 Conservation, Joseph J. Martens, of Glenmont.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT ROBACH: Senator 2 DeFrancisco. 3 SENATOR DeFRANCISCO: I stand to 4 proudly move the nomination of Joseph J. 5 Martens for the position of Commissioner of 6 the New York State Department of Environmental 7 Conservation. 8 He appeared before not only the 9 Environmental Conservation Committee but the 10 Finance Committee, was unanimously recommended 11 before this full body. And having moved his 12 nomination, I would ask the chair or the 13 president to recognize Senator Grisanti, the 14 chairman of the Committee on Environmental 15 Conservation to second the nomination. 16 ACTING PRESIDENT ROBACH: To 17 second the confirmation, Senator Grisanti. 18 SENATOR GRISANTI: Yes, thank 19 you, Mr. President. 20 I stand today to put forward to my 21 friends and colleagues the nomination of 22 Joseph Martens as the next Commissioner of the 23 New York State Department of Environmental 24 Conservation. 25 I have met with Commissioner

Candyco Transcription Service, Inc. 1 Martens numerous times. He has gone through 2 the EnCon Committee with overwhelming, 3 unanimous support. He has an impressive 4 resume, numerous achievements and 5 accomplishments, and I believe he will enhance 6 the department. 7 He understands the challenges that 8 lie ahead, and I believe he will be open to 9 making sure that the department is more 10 business-friendly, that regulation enhance 11 business, not deter it, and that permits will 12 be issued on a fast track and an overall 13 better efficiency will be seen in the 14 department as a whole. 15 I believe Commissioner Martens will 16 be a strong voice for the environmental 17 stewardship and for the preservation and 18 enhancement of New York's natural resources. 19 As I said, he will be receptive to input on 20 both sides of the aisle. I encourage you, if 21 you have issues, to contact his offices. 22 And he has an understanding of the 23 issues, and I have full confidence and I 24 second the nomination. 25 And I also want to recognize he is

Candyco Transcription Service, Inc. 1 here with his wife, Katherine, and his three 2 children, Marcelle, Julia and Liam. 3 Again, I second the nomination. 4 Thank you. 5 ACTING PRESIDENT ROBACH: Thank 6 you, Senator Grisanti. 7 Senator Breslin. 8 SENATOR BRESLIN: Thank you, 9 Mr. President. 10 I rise to second and praise the 11 nomination of Joe Martens to become 12 Commissioner of Environmental Conservation. 13 Anyone who observed the reactions 14 to this nomination across this state would be 15 truly unbelieving. From business interests, 16 everybody praised the outstanding work that 17 he's done in his past and were delighted with 18 his nomination. From environmental groups, 19 the same kinds of comments. And isn't that 20 the true middle part, when everybody applauds 21 a nomination. 22 And I look forward to Joe Martens 23 being the most exceptional Commissioner of 24 Environmental Conservation this state has ever 25 known. And I wish him every success, and

Candyco Transcription Service, Inc. 1 hello to his family. 2 Thank you, Mr. President. 3 ACTING PRESIDENT ROBACH: Thank 4 you, Senator Breslin. 5 Senator Libous on the nomination. 6 SENATOR LIBOUS: Thank you, 7 Mr. President. I rise to speak on the 8 nomination of Joe Martens. 9 And Joe and I have had a number of 10 conversations. He understands that, you know, 11 in my district obviously the exploration of 12 natural gas drilling is a huge issue, along 13 with a number of counties in upstate New York. 14 My constituents asked me at a number of 15 sessions and meetings to make sure that I had 16 conversations with Mr. Martens about how he 17 viewed the department in moving forward. 18 And, Mr. President, I stand before 19 you to say that I believe that Mr. Martens 20 answered me in an honest and very sincere 21 manner, and I believe that moving his 22 nomination for commissioner is going to be 23 very good for this state, its environmental 24 policies. And I hope to have a long and very 25 cordial working relationship with him, not

Candyco Transcription Service, Inc. 1 only on the permitting process of natural gas 2 drilling hopefully someday in this state, but 3 along with all of the other key environmental 4 issues that are important to this state. 5 So I stand on this floor to give 6 Mr. Martens my support and wish him the very 7 best. 8 ACTING PRESIDENT ROBACH: Senator 9 Little on the nomination. 10 SENATOR LITTLE: Thank you, 11 Mr. President. 12 I would be remiss if I didn't stand 13 and commend the Governor for his selection of 14 Joe Martens for the Commissioner of 15 Environmental Conservation. Joe has worked 16 with the Olympic Regional Development 17 Authority as chairman of that organization for 18 a few years, has done a great job there, 19 certainly knows the North Country. 20 But more impressive than anything 21 is his belief that the environment and the 22 economy can both be considerations when we're 23 working on many of these issues and 24 regulations. 25 So I look forward to working with

Candyco Transcription Service, Inc. 1 him, I congratulate him and his family, and 2 know he will do a great job. 3 Thank you. 4 ACTING PRESIDENT ROBACH: Are 5 there any other Senators wishing to be heard? 6 If there are none, the question is 7 on the nomination of Joseph J. Martens as 8 Commissioner of the New York State Department 9 of Environmental Conservation. All in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT ROBACH: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT ROBACH: Joseph 16 J. Martens is hereby confirmed as Commissioner 17 of the New York State Department of 18 Environmental Conservation. 19 Congratulations to you, your wife 20 Kathy, and family. 21 (Applause.) 22 ACTING PRESIDENT ROBACH: The 23 Secretary will read. 24 THE SECRETARY: As Commissioner 25 of the New York State Department of Taxation

Candyco Transcription Service, Inc. 1 and Finance, Thomas H. Mattox, of Rifton. 2 ACTING PRESIDENT ROBACH: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: I again 5 rise, to move the nomination of Thomas H. 6 Mattox as Commissioner of the Department of 7 Taxation and Finance. 8 Again, he appeared before the 9 Investigations Committee and the Senate 10 Finance Committee and was unanimously 11 recommended to this full body. 12 And I would request that you 13 recognize Senator Marcellino for a second. 14 ACTING PRESIDENT ROBACH: Senator 15 Marcellino to second the nomination. 16 SENATOR MARCELLINO: Thank you, 17 Mr. President. Thank you, Chairman 18 DeFrancisco. 19 It's my pleasure to rise to second 20 the nomination of Thomas H. Mattox to be 21 Commissioner of the Department of Taxation. 22 This is not an easy job to fill, and this is 23 not an easy time to fill it. I don't envy 24 you. I would urge the Governor to supply you 25 with State Police protection so that you don't

Candyco Transcription Service, Inc. 1 have -- I'm just kidding. 2 The gentleman is well-qualified. 3 He has a substantial background. He knows the 4 issues, knows it well, speaks well, is in my 5 mind a good person. I commend the Governor 6 for this nomination and look forward to 7 working with him to help make a very difficult 8 job as easy as it could possibly be to better 9 the interests of the citizens of the State of 10 New York. 11 Congratulations. 12 Mr. President, I second this 13 nomination. 14 ACTING PRESIDENT ROBACH: Thank 15 you, Senator Marcellino. 16 Are there any other Senators 17 wishing to be heard on the nomination? 18 If there are none, the question is 19 on the nomination of Thomas H. Mattox as 20 Commissioner of the New York State Department 21 of Tax and Finance. All those in favor 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT ROBACH: All 25 those opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT ROBACH: Mr. 3 Mattox is hereby confirmed as Commissioner of 4 Taxation and Finance. 5 Congratulations. 6 (Applause.) 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: As Commissioner 10 of the New York State Department of 11 Transportation, Joan M. McDonald, of the 12 Bronx. 13 ACTING PRESIDENT GRIFFO: Senator 14 DeFrancisco. 15 SENATOR DeFRANCISCO: I move the 16 nomination of Joan M. McDonald as Commissioner 17 of the Department of Transportation. 18 Again, the Transportation 19 Department unanimously recommended her 20 approval, as did the Finance Committee. 21 Actually, today was very boring. 22 We should have more controversial candidates 23 than ones that are so highly qualified that 24 pass without much discussion. But I assume 25 that may happen someday, but not today.

Candyco Transcription Service, Inc. 1 We're proud to have these highly 2 qualified candidates. And I'd ask you to 3 recognize Senator Fuschillo to second the 4 nomination. 5 ACTING PRESIDENT GRIFFO: Senator 6 Fuschillo. 7 SENATOR FUSCHILLO: Thank you 8 very much, Mr. President and Chairman 9 DeFrancisco. 10 The Transportation Committee, as 11 mentioned, did meet this morning. And it 12 wasn't boring, because we had a candidate that 13 was highly qualified. And she brings 14 extensive experience in economic development 15 and transportation to the State of New York, 16 and we complimented her on her willingness to 17 serve the people of New York State. 18 There are so many issues that are 19 facing New York State with respect to 20 transportation, and we brought some of them 21 up. And we'd like the new commissioner, once 22 she's confirmed today, to talk about and try 23 to foster public/private partnerships. 24 But one of the issues we brought 25 up, and I handed her a letter, is that we

Candyco Transcription Service, Inc. 1 never received the regional share as a 2 distribution of the capital program. And that 3 is critically important. And it was mentioned 4 in the committee today, Mr. President, about 5 some of the regions that are literally being 6 shortchanged -- Region 5 was mentioned 7 repeatedly, over and over, in the meeting 8 today -- but all regions. And we need 9 clarification on exactly what the regions are 10 getting. 11 One of the things that I admired 12 most about Joan McDonald was her statement 13 today about how vital and critically important 14 it is that we improve our infrastructure here 15 in New York State to get our economy going. 16 We need to get this state back on the right 17 direction. 18 And I believe she is the most 19 qualified individual to serve as the 20 Commissioner of Transportation in the State of 21 New York, and I happily second her nomination. 22 Thank you, Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Robach. 25 SENATOR ROBACH: Yes,

Candyco Transcription Service, Inc. 1 Mr. President, let me too rise to cast my vote 2 in the affirmative and applaud the Governor 3 for this nomination. 4 Transportation is critically 5 important anywhere in the state, especially in 6 upstate New York. And I can attest to just 7 last evening at 7 o'clock, I was on a 8 conference call with the then Acting 9 Commissioner, soon to be Commissioner, in 10 order to work on a project, try to have some 11 flexibility. 12 We're working together to make a 13 big transportation work in our area that will 14 not only be beneficial to transportation but 15 to economic development and growth efforts of 16 both Rochester Institute of Technology and the 17 University of Rochester and of the traffic 18 pattern. And luckily we have growth there, so 19 it's growing. 20 But a testimony to the soon-to-be 21 Commissioner, who even last night at 7 o'clock 22 was still on the job working. And I applaud 23 that greatly. We're in challenging times, so 24 we appreciate that get-it-done work attitude 25 that's been exhibited. And I'm happy to cast

Candyco Transcription Service, Inc. 1 my vote in the affirmative for this new 2 commissioner. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 Kennedy. 6 SENATOR KENNEDY: Thank you, 7 Mr. President. I too want to stand in 8 recognition and in affirmation of Ms. Joan 9 McDonald on her appointment by the Governor as 10 the Commissioner of the Department of 11 Transportation. 12 I want to also echo and give my 13 gratitude to the chair of the Transportation 14 Committee, Senator Fuschillo, for allowing us 15 to talk at length about some of the concerns 16 across New York State. 17 We very much look forward to 18 working with you, Commissioner-to-be McDonald, 19 and especially as it pertains to the Western 20 New York community and Region 5. 21 And just to touch on what's already 22 been touched on before, without pontificating, 23 Region 5 has lost out on hundreds of millions 24 of dollars in economic development because of 25 a human error that occurred in the past. We

Candyco Transcription Service, Inc. 1 as a committee, we as a Western New York 2 delegation of Democrats and Republicans are 3 looking forward to working with you, 4 Commissioner McDonald, to rectify that human 5 error with a human correction. 6 Thank you very much for the 7 opportunity, and congratulations. 8 ACTING PRESIDENT GRIFFO: Senator 9 Maziarz. 10 SENATOR MAZIARZ: Thank you very 11 much, Mr. President. 12 I just want to add my support for 13 this nomination but also to caution, as my 14 previous colleagues did, Senator Fuschillo and 15 Senator Kennedy, about the error that was made 16 with Region 5. 17 Obviously everybody wants more 18 transportation dollars spent in their regions. 19 But given the current formulas that are used, 20 there was clearly an error made in Region 5. 21 And, Commissioner, we welcome you to come out 22 and to meet with our group of contractors, 23 engineers, builders and talk to them about how 24 we are going to correct this error and make it 25 right for Region 5 and Western New York.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT GRIFFO: Senator 3 Ranzenhofer. 4 SENATOR RANZENHOFER: Thank you, 5 Mr. President. I also want to rise and lend 6 my support to this nomination. 7 I was very impressed with the 8 people that spoke on her behalf today. We had 9 a number of people both from the private 10 sector and public sector that had worked with 11 her over a number of years. And she appears 12 to be very, very highly qualified. 13 But most importantly, I was 14 impressed by the fact that she came to the 15 meeting with pen and paper in hand, willing to 16 listen and to make some notes of the concerns 17 that we had. And the concerns that were 18 expressed in committee -- and again, I thank 19 you, Chairman Fuschillo, for allowing us the 20 opportunity to address those concerns. 21 And again, just to briefly state 22 them here on the floor, as was just mentioned 23 by Senators Maziarz and Kennedy and was 24 mentioned by Senator Young in committee today, 25 along with myself, that the inequities of the

Candyco Transcription Service, Inc. 1 past need to be addressed. 2 And I was very impressed with the 3 fact that she said that she was willing to 4 take a look at that again, that she made some 5 notes. She is aware of the historical error 6 that has taken place. And I believe her to be 7 a very fair-minded individual, look forward to 8 having her out to Western New York to meet 9 with our representatives there. 10 And again, I just want to second 11 the nomination and lend my support to this 12 very fine commissioner. 13 Thank you. 14 ACTING PRESIDENT GRIFFO: Senator 15 Libous. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. I too rise to second the 18 nomination of Joan McDonald. 19 I've had the pleasure of knowing 20 Joanie for a number of years, and she brings a 21 unique aspect to this. Not only is she 22 extremely qualified for the job, and the 23 Governor made a very, very good appointment 24 here, but she knows and understands the 25 Legislature. And while certainly being the

Candyco Transcription Service, Inc. 1 Commissioner of the Department of 2 Transportation has to do with a whole host of 3 things, roads and bridges and all those 4 important things, you also have to deal with 5 150 members of the Assembly and 62 members of 6 the Senate as it pertains to roads, bridges, 7 MTA issues and others. 8 She gets it, she understands it. 9 And I think she will be an outstanding 10 commissioner. At a time when this department 11 is starving for leadership, Mr. President, I 12 think she will be an outstanding commissioner. 13 She will provide the leadership that is 14 needed. I look forward to working with her. 15 I give you best wishes and 16 Godspeed. 17 ACTING PRESIDENT GRIFFO: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: Yes. First 20 of all, I want to say that about it being 21 boring, I was just kidding. 22 (Laughter.) 23 SENATOR DeFRANCISCO: I don't 24 know if Senator Fuschillo took offense to 25 that, but I was just kidding.

Candyco Transcription Service, Inc. 1 Secondly, since other than Senator 2 Libous just about the entire Western New York 3 delegation spoke, I just want you to know that 4 Syracuse and Central New York is in the State 5 of New York as well. And we would like parity 6 and equity in Central New York as far as 7 transportation issues. 8 And congratulations. 9 ACTING PRESIDENT GRIFFO: Senator 10 Smith. 11 SENATOR SMITH: Thank you very 12 much, Mr. President. 13 Let me, one, congratulate the 14 Governor on a fine nominee. Commissioner 15 McDonald, I think you've heard enough from my 16 colleagues about the equitable distribution of 17 the Department of Transportation. I would 18 submit to you that if we want to ensure that 19 the State of New York is one state, as so many 20 of us know, high-speed rail will connect all 21 of the state, from the south end of the state 22 to the western part of the state. 23 So while I know you have an 24 aggressive agenda on infrastructure and roads 25 and bridges, let's keep in mind that the one

Candyco Transcription Service, Inc. 1 thumbprint that will last on this planet to 2 move us into a new level of competitiveness is 3 high-speed rail. 4 But I do congratulate you. Your 5 expertise speaks for itself. And I'm quite 6 sure the entire Legislature looks forward to 7 working with you as well. Thank you and 8 congratulations. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: Senator 11 Larkin. 12 SENATOR LARKIN: Thank you, 13 Mr. President. 14 You know, this morning when we had 15 the opportunity in Transportation to meet our 16 new Commissioner of Transportation, it was 17 really open-minded. I had the distinct 18 pleasure of sitting in at meetings with her 19 when she was property of Connecticut. And she 20 made New York look foolish, because she was 21 properly prepared to induce people to come to 22 Connecticut while we were incapable of 23 bringing people back to New York. 24 I was very impressed then because 25 of her manner, her attitude. And as we were

Candyco Transcription Service, Inc. 1 talking, she was always taking notes. She did 2 the same thing today. 3 We are very fortunate to have her 4 come back to New York and help us lead an 5 agency that needs a lot of leadership. Thank 6 you very much, and welcome home. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Larkin. 9 Senator Perkins. 10 SENATOR PERKINS: Thank you very 11 much. I'm going to be brief because I wanted 12 to extend my congratulations and appreciation 13 for the opportunity that we had to meet the 14 new commissioner. 15 I note, for those of us from the 16 city, I was very concerned about whether or 17 not she understood where New York City was 18 relative to the rest of the state, and 19 especially where my district was in terms of 20 the state. And she seems to be obviously 21 very, very familiar with what's going on and 22 committed to making sure that our needs are 23 met. 24 And for those of us who are very 25 proud of the advances we've made with respect

Candyco Transcription Service, Inc. 1 to minority and women business enterprises, 2 she spoke very eloquently and supportively 3 about the commitment to that particular part 4 of the state's agenda. 5 So I'm glad to extend my 6 congratulations and support and look forward 7 to working with her. 8 Thank you very much. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Senator Perkins. 11 Is there any other Senator wishing 12 to be heard? 13 Seeing none, the question is on the 14 nomination of Joan McDonald as Commissioner of 15 the New York State Department of 16 Transportation. All in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed? 21 (No response.) 22 ACTING PRESIDENT GRIFFO: Joan 23 McDonald is hereby confirmed as Commissioner 24 of the New York State Department of 25 Transportation.

Candyco Transcription Service, Inc. 1 She is joined by friends in the 2 gallery today. And we want to express our 3 congratulations to Commissioner McDonald. 4 (Applause.) 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: As Commissioner 8 of Parks, Recreation and Historic 9 Preservation, Rose H. Harvey, of New York 10 City. 11 ACTING PRESIDENT GRIFFO: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Yes, I 14 stand to move the nomination of Rose H. Harvey 15 as Commissioner of the Office of Parks, 16 Recreation and Historic Preservation. 17 Again, before the Tourism Committee 18 there was a unanimous recommendation, as was 19 the case in the Finance Committee. These were 20 four outstanding nominations that the Governor 21 presented to the Senate. 22 And I would ask that you please 23 recognize Senator Little, chair of the Tourism 24 Committee, for a second. 25 ACTING PRESIDENT GRIFFO: Thank

Candyco Transcription Service, Inc. 1 you, Senator DeFrancisco. 2 Senator Little. 3 SENATOR LITTLE: Thank you, 4 Mr. President. 5 The Tourism Committee, as Senator 6 DeFrancisco spoke, met with Rose Harvey and, 7 through discussion about the issues that we 8 consider important in regard to Parks, 9 Recreation and Historic Preservation, 10 unanimously support the Governor's nomination 11 to this office. 12 Rose Harvey brings an education in 13 forestry and environmental studies as well as 14 work on various board of directors and 15 advisory boards all dealing with forestry, 16 open space, and natural resources. She has a 17 lifelong appreciation of natural resources and 18 open space and has spent her career working in 19 the development of parks. She has raised the 20 funding, designed the parks -- particularly 21 urban parks in New York City, Newark and 22 Baltimore -- throughout her career and has 23 received many awards for her work in doing so. 24 She also understands that New York 25 State's situation right now is not in the

Candyco Transcription Service, Inc. 1 development of new parks but in the 2 maintenance and keeping the accessibility of 3 the parks that we have and providing good 4 stewardship. 5 Most impressive in our discussions 6 has been Rose Harvey's interest in working 7 with public/private partnerships in the 8 development of raising funds and interest so 9 that things can be done in this area. And she 10 has many ideas as to how, going forward, we 11 can improve our parks, rehabilitate some areas 12 that certainly need to have some 13 rehabilitation and some work done on them. 14 And it's with a great deal of 15 enthusiasm that I wholeheartedly second the 16 nomination of Rose Harvey as the Commissioner 17 of Parks, Recreation and Historic 18 Preservation. 19 Thank you. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Little. 22 Senator Serrano on the nomination. 23 SENATOR SERRANO: Thank you, 24 Mr. President. 25 I want to thank all of the members

Candyco Transcription Service, Inc. 1 here for voting to support this nomination. 2 And I want to echo the words of the chair of 3 the Parks Committee, Senator Betty Little: 4 Yes, this is an outstanding nominee. 5 I had the good fortune of meeting 6 with her yesterday and also listening to her 7 speak today in committee. And she has such a 8 strong grasp and such a full understanding of 9 the importance of parks and how important they 10 are for all of us here in the State of 11 New York. 12 Last year we had what I believe and 13 many agree was a wonderful situation where 14 both sides of the aisle, regardless if we were 15 Democrat or Republican, all worked together to 16 ensure that state parks stayed open. We were 17 facing some very devastating budget cuts. 18 The parks are a huge economic 19 generator, but I think, more importantly, it's 20 apparent that parks have a very transformative 21 effect on people, on families, they give 22 opportunity for people to have recreation. 23 And they just add so much to the lives of 24 New Yorkers. They very much are the crown 25 jewel of the State of New York.

Candyco Transcription Service, Inc. 1 And I feel very excited about the 2 ideas that Commissioner Harvey would put 3 forth, and excited to work with her and under 4 the leadership of Senator Little on the 5 committee as we face the challenges that are 6 ahead for us. But again, a wonderful 7 selection, and I look forward to voting for 8 her. 9 Thank you. 10 ACTING PRESIDENT GRIFFO: Thank 11 you, Senator Serrano. 12 Senator Fuschillo. 13 SENATOR FUSCHILLO: Thank you 14 very much, Mr. President. 15 Let me compliment Governor Cuomo 16 once again for a well-qualified nominee. She 17 impressed me greatly today when she talked 18 being Jones Beach, which I represent. And 19 I've always said that's the jewel of the parks 20 system. And she's already been surfing at 21 Jones Beach, which I think is wonderful. 22 And I just want to emphasize what 23 Senator Marcellino had said in the Finance 24 Committee, that it seems like the parks 25 throughout this state are the first to go when

Candyco Transcription Service, Inc. 1 there's cuts and when there's deficits. And 2 we know the economic impact to New York State 3 by the visitors. And just in Jones Beach 4 alone there's over 8 million visitors during 5 the summer season. We know how critically 6 important it is to the economy of New York 7 State. 8 I want to emphasize what I said in 9 the committee to Ms. Harvey. We can't afford 10 any more cuts, especially in Jones Beach, as I 11 stated, which is in my district. 12 I wish you well. You are well 13 qualified. And you certainly have my support. 14 Best of luck to you. 15 ACTING PRESIDENT GRIFFO: Senator 16 Marcellino. 17 SENATOR MARCELLINO: Thank you, 18 Mr. President. 19 I just wanted to thank not only 20 Ms. Harvey but all of the other commissioners 21 who have accepted the Governor's call to serve 22 the state. These are not easy times. The 23 economy is bad, the state's in deficit, we 24 have economic problems, cuts are everywhere, 25 everybody is pushing, everybody is trying

Candyco Transcription Service, Inc. 1 preserve and protect their own areas. So it's 2 not easy. The tasks running the DEC, 3 Taxation, Parks and the DOT will not be easy 4 jobs. 5 So again, I remember the Governor 6 saying earlier in the year that he was finding 7 it difficult to get highly qualified people 8 willing to take on these responsibilities 9 because of the difficulty of the times and the 10 difficulty it poses in serving in the public 11 venue. People have a tendency to look at 12 their government and throw brickbats. They 13 throw rocks. You don't usually get a thank 14 you for what you do. You generally get yelled 15 at. 16 Well, let me thank you for your 17 service, thank you for your courage and your 18 willingness to put your lives on hold, as your 19 families will soon find out that you will no 20 longer be theirs, that they will have to share 21 you with the people of the State of New York. 22 And the members in this chamber and the other 23 house will probably be demanding a lot of your 24 time and attention and calling you to meetings 25 and asking you for your help in solving local

Candyco Transcription Service, Inc. 1 problems. 2 I urge you never to forget the 3 greater good that you're doing, and that is to 4 serve the people of this great state. While 5 these may be difficult times now, we will get 6 through this. And we will get through this a 7 lot quicker because of people like yourselves 8 who are willing to serve. 9 So once again, thank you, and God 10 bless you and Godspeed. 11 ACTING PRESIDENT GRIFFO: Senator 12 Farley. 13 SENATOR FARLEY: Thank you, 14 Mr. President. 15 I rise in support of this 16 commissioner because, you know, last year -- 17 and I've been here 35 years -- I never saw 18 such an outpouring of support for an issue 19 than the possible closure of the parks. The 20 people of this state absolutely rose up and 21 said that cannot happen. And every legislator 22 of both parties and in both houses rose to 23 defend our parks. You are in charge of an 24 area that the people of New York State demand 25 that we protect and keep open.

Candyco Transcription Service, Inc. 1 I also want to put in a plug for 2 the Homes of Historical Preservation, which 3 are very, very modest in the cost to keep them 4 operating but are tremendous tourist providers 5 for economic development. And I know that we 6 have a commissioner here that is going to look 7 out and monitor one of the areas that the 8 people of this state absolutely insist be 9 supported. 10 And I support you. Good luck. 11 ACTING PRESIDENT GRIFFO: Senator 12 Gallivan. 13 SENATOR GALLIVAN: Thank you, 14 Mr. President. 15 I also rise to support the 16 nomination of Rose Harvey as Commissioner of 17 Parks. We know the importance of the parks to 18 our citizens across the state, from Jones 19 Beach to the western end of the state where 20 the district is that I represent. We have 21 seen the problems over the years, particularly 22 last year through this challenging budget 23 year. 24 Rose Harvey certainly comes very 25 well qualified. I was thoroughly impressed,

Candyco Transcription Service, Inc. 1 impressed with her eagerness, her background, 2 her willingness to take this effort on, and 3 her commitment to work with us to keep the 4 parks open. 5 So to the new commissioner, I wish 6 you the best of luck. I look forward to 7 working with you to protect and preserve the 8 assets of our state that are important to so 9 many of the citizens. 10 Thank you, Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 Larkin. 13 SENATOR LARKIN: Thank you, 14 Mr. President. 15 You know, my colleague from Long 16 Island, Carl, stole my thunder. 17 But, you know, today we're looking 18 for people who want to accept the challenges 19 the four of you have done here. And we're 20 looking for you to give us guidance and help 21 and help the Governor and help the people of 22 the State of New York. And each and every one 23 of you have something special to offer. 24 My newfound friend from DOT and my 25 newfound friend from Parks and Rec, we have a

Candyco Transcription Service, Inc. 1 challenge, we have a tremendous challenge in 2 this area. As has been said here before, last 3 year there were parks going to be open, parks 4 going to be closed, parks this, parks that. 5 Nobody knew what was going on. 6 But with your talent and looking at 7 your backgrounds, we're blessed. This is not 8 an easy task to take on. There's no money you 9 can just throw out there and make everybody 10 happy with. You're going to make decisions 11 that some of us will be saying, I thought she 12 liked me or he liked me. 13 But what's most important is you 14 said I accept this challenge, and I will show 15 you that I'm capable of doing it. And based 16 on what we heard from you today, we're blessed 17 in the State of New York. And God bless you 18 all. 19 ACTING PRESIDENT GRIFFO: Is 20 there any other Senator wishing to be heard on 21 the nomination? 22 Seeing none, the question is on the 23 nomination of Rose H. Harvey as Commissioner 24 of the Office of Parks, Recreation and 25 Historic Preservation. All in favor signify

Candyco Transcription Service, Inc. 1 by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT GRIFFO: 4 Opposed? 5 (No response.) 6 ACTING PRESIDENT GRIFFO: Rose H. 7 Harvey is hereby confirmed as Commissioner of 8 the Office of Parks, Recreation and Historic 9 Preservation. 10 (Applause.) 11 ACTING PRESIDENT GRIFFO: The 12 commissioner is joined by her husband, Gaines. 13 We wish her the best of luck in her new role. 14 Congratulations, Commissioner 15 Harvey. 16 Senator Libous. 17 SENATOR LIBOUS: May we have 18 motions and resolutions, Mr. President. 19 ACTING PRESIDENT GRIFFO: We're 20 going to continue, and then we'll hit the 21 motions and resolutions, Senator Libous. Was 22 there anything else that you wanted us to 23 address before that? 24 SENATOR LIBOUS: No. 25 ACTING PRESIDENT GRIFFO: Okay.

Candyco Transcription Service, Inc. 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Libous. 6 SENATOR LIBOUS: Thank you, 7 Mr. President. 8 On behalf of Senator Seward, I move 9 that the following bill be discharged from its 10 respective committee and be recommitted with 11 instructions to please strike the enacting 12 clause on 2367. 13 ACTING PRESIDENT GRIFFO: So 14 ordered. 15 Senator Libous. 16 SENATOR LIBOUS: Thank you, 17 Mr. President. 18 At this time could we please adopt 19 the Resolution Calendar, with the exception of 20 Resolutions Number 722 and 749, please. 21 ACTING PRESIDENT GRIFFO: All in 22 favor of adopting the Resolution Calendar, 23 with the exception of Resolutions 722 and 749, 24 indicate by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: 2 Opposed. 3 (No response.) 4 ACTING PRESIDENT GRIFFO: The 5 Resolution Calendar is adopted. 6 Senator Libous. 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 I believe there's a Resolution 722, 10 by Senator Perkins, which is at the desk. He 11 would like it read in its entirety. He would 12 like to speak on the resolution and then have 13 it immediately adopted. 14 ACTING PRESIDENT GRIFFO: Thank 15 you, Senator Libous. 16 I would ask for order in the 17 chamber. 18 And the Secretary shall read. 19 THE SECRETARY: Legislative 20 Resolution 722, by Senator Perkins, 21 recognizing March 8, 2011, as International 22 Women's Day in the State of New York. 23 "WHEREAS, It is the sense of this 24 Legislative Body to acknowledge and celebrate 25 the women who have added strength, kindness,

Candyco Transcription Service, Inc. 1 compassion and inspiration to the people of 2 the communities that make up this great Empire 3 State; and 4 "WHEREAS, Attendant to such 5 concern, and in full accord with its 6 long-standing traditions, this Legislative 7 Body is justly proud to recognize Tuesday, 8 March 8, 2011, as International Women's Day in 9 the State of New York; and 10 "WHEREAS, March 8th of every year 11 marks International Women's Day. It is a 12 major day of global celebration for the 13 economic, political and social achievements of 14 women; and 15 "WHEREAS, Started as a political 16 event, the holiday blended in the culture of 17 many countries. In some celebrations, the day 18 lost its political flavor and became simply an 19 occasion for men to express their love to the 20 women in their lives; and 21 "WHEREAS, However, in other 22 nations, the political and human rights theme 23 as designated by the United Nations runs 24 strong, and political and social awareness of 25 the struggles of women worldwide are brought

Candyco Transcription Service, Inc. 1 out and examined in a hopeful manner; and 2 "WHEREAS, Women of every economic, 3 ethnic and religious background have made 4 significant contributions that are reflected 5 in our cultural, social, educational, 6 industrial and economic diversity, and have 7 contributed in many ways; and 8 "WHEREAS, New York State is home to 9 countless women who are strong and vibrant 10 individuals, and who have and continue to 11 contribute to the advancement of our culture 12 through their traditional and nontraditional 13 roles in society; now, therefore, be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to recognize 16 March 8, 2011, as International Women's Day in 17 the State of New York." 18 ACTING PRESIDENT GRIFFO: Senator 19 Perkins. 20 SENATOR PERKINS: Thank you very 21 much. 22 This is International Women's Day. 23 On the 100th anniversary of International 24 Women's Day, it is important to acknowledge 25 both the accomplishments of women across the

Candyco Transcription Service, Inc. 1 globe as well as the struggles they continue 2 to face. 3 While women have made great strides 4 politically, socially, and economically, they 5 have not yet achieved gender equality. Women 6 in the United States are still struggling with 7 domestic violence, maintaining their 8 reproductive rights, breaking through the 9 glass ceiling in the workplace, and 10 eradicating gender stereotypes in general. 11 Some of their female counterparts throughout 12 the world have yet to gain basic human rights 13 and are still treated as second-class 14 citizens. 15 So as we pause for a moment today 16 to recognize International Women's Day, it is 17 my hope that we reflect on what more we can do 18 to promote true gender equality. 19 Thank you very much. And I ask 20 that the fellow members of the Senate join me 21 in signing onto this resolution. 22 ACTING PRESIDENT GRIFFO: The 23 question is on the resolution. All in favor 24 signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: 2 Opposed? 3 (No response.) 4 ACTING PRESIDENT GRIFFO: The 5 resolution is adopted. 6 With the invitation of the sponsor, 7 all members will be listed on the resolution. 8 If you choose not to, please notify the disk. 9 Senator Larkin. 10 SENATOR LARKIN: Mr. President, 11 there's a Resolution Number 749 at the desk by 12 Senator Farley. Will you please read it. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Legislative 16 Resolution Number 749, by Senators Farley and 17 McDonald, recognizing March 11, 2011, as Blue 18 Friday. 19 "WHEREAS, The State of New York 20 takes great pride in participating in 21 significant dates of recognition; and 22 "WHEREAS, Albany Radio Station WGNA 23 has teamed up with Blue Friday New York to 24 recognize March 11, 2011, as 'Blue Friday' in 25 honor of all law enforcement officers who have

Candyco Transcription Service, Inc. 1 given their lives in the line of duty, as well 2 as all of those who still serve; and 3 "WHEREAS, Blue Friday New York is a 4 nonprofit organization. Its mission is to 5 help rebuild the lives of survivors of the law 6 enforcement officers killed in the line of 7 duty by serving as a clearinghouse for federal 8 and state benefits, information, and resources 9 that may be available to the surviving 10 families; and 11 "WHEREAS, Each year between 140 and 12 160 officers are killed in the line of duty, 13 and their families and coworkers are left to 14 cope with the tragic loss; and 15 "WHEREAS, Blue Friday is a reminder 16 to pay tribute to those in the law enforcement 17 community who have made the ultimate 18 sacrifice; and 19 "WHEREAS, On March 11, 2011, from 20 5:30 a.m. until 10:00 a.m., WGNA, DeNooyer 21 Chevrolet, and Blue Friday New York will be 22 taking a Donation for a Carnation, selling 23 blue carnations and Blue Friday T-shirts at 24 DeNooyer Chevrolet in Colonie and Pizzeria Uno 25 in Wilton. Over 25 agencies will be

Candyco Transcription Service, Inc. 1 represented at the two locations, and all 2 proceeds will go directly to Blue Friday 3 New York; and 4 "WHEREAS, The State of New York is 5 eternally grateful for the service of its 6 brave men and women in law enforcement and 7 applauds the efforts of Blue Friday New York 8 to assist the families of those who have made 9 the ultimate sacrifice; now, therefore, be it 10 "RESOLVED, That this Legislative 11 Body pause in its deliberations to recognize 12 March 11, 2011, as 'Blue Friday'; and be it 13 further 14 "RESOLVED, That copies of this 15 resolution, suitably engrossed, be transmitted 16 to WGNA and Blue Friday New York." 17 ACTING PRESIDENT GRIFFO: Senator 18 Farley. 19 SENATOR FARLEY: Thank you, 20 Mr. President. 21 You know, every year between 140 22 and 160 police officers are killed in the line 23 of duty. This year they will be honored and 24 remembered on March 11th -- that's this 25 Friday -- as Blue Friday.

Candyco Transcription Service, Inc. 1 Radio station WGNA, which is the 2 number-one station in this area, and Blue 3 Friday of New York will be selling carnations 4 and T-shirts on March 11th from 5:30 to 5 10:00 a.m. at DeNooyer Chevrolet and at 6 Pizzeria Uno in Wilton. Proceeds from the 7 sale go to Blue Friday New York, which 8 provides invaluable assistance to the 9 survivors of police officers killed in the 10 line of duty. 11 And this operation is an annual 12 situation. We have with us in the chamber 13 here today, Mr. President, Selena Dutcher of 14 Townsquare Media, marketing director from 15 WGNA, and of course Pat Fox, who has been with 16 us every year. 17 And I'd ask that you welcome them 18 to the chamber, and I want to open up this 19 resolution to everybody. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Farley. 22 We extend a warm welcome and thank 23 you for being here with us today. 24 (Applause.) 25 ACTING PRESIDENT GRIFFO: Senator

Candyco Transcription Service, Inc. 1 McDonald. 2 SENATOR McDONALD: Thank you, 3 Mr. President. 4 I too want to express my gratitude 5 to all those men and women in blue, police 6 departments of all locations in our great 7 state and our country who do what they do. 8 And I thank this great radio 9 station for being part of that and pushing it 10 so strongly. 11 Thank you. 12 ACTING PRESIDENT GRIFFO: Is 13 there any other Senator wishing to be heard? 14 The question is on the resolution. 15 All in favor signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed? 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 resolution is carried. 22 Again, all members will be listed 23 on the resolution. If you choose not to, 24 please notify the desk. 25 Senator Larkin.

Candyco Transcription Service, Inc. 1 SENATOR LARKIN: Mr. President, 2 there's a resolution at the desk from Senator 3 Hannon. Please have the title read and move 4 for an immediate adoption. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read. 7 THE SECRETARY: Legislative 8 resolution by Senator Hannon memorializing 9 Governor Andrew M. Cuomo to proclaim March 6 10 through 12, 2011, as Patient Safety Awareness 11 Week in the State of New York. 12 ACTING PRESIDENT GRIFFO: The 13 question is on the resolution. All in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT GRIFFO: 17 Opposed? 18 (No response.) 19 ACTING PRESIDENT GRIFFO: The 20 resolution is carried. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 There's a privileged resolution at 25 the desk by Senator Klein. Can we please have

Candyco Transcription Service, Inc. 1 its title read and then move its immediate 2 adoption. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Legislative 6 resolution by Senator Klein, paying tribute to 7 City Island upon the occasion of hosting its 8 Annual Women's Herstory Month Celebration and 9 commemorating "The Anne Hutchinson Year." 10 ACTING PRESIDENT GRIFFO: The 11 question is on the resolution. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed? 16 (No response.) 17 ACTING PRESIDENT GRIFFO: The 18 resolution is carried. 19 Senator Libous. 20 SENATOR LIBOUS: Mr. President, 21 at this time I want to hand up the following 22 committee assignments and ask that such 23 assignments be filed in the Journal. 24 ACTING PRESIDENT GRIFFO: So 25 ordered.

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Mr. President, 3 there will be an immediate meeting of the 4 Finance Committee, followed by an immediate 5 meeting of the Rules Committee in Room 332. 6 And I ask that the Senate stand at 7 ease until those committee meetings conclude. 8 ACTING PRESIDENT GRIFFO: There 9 will be an immediate meeting of the Senate 10 Finance Committee, followed by an immediate 11 meeting of the Senate Rules Committee in 12 Room 332. 13 The Senate stands at ease. 14 (Whereupon, the Senate stood at 15 ease at 4:01 p.m.) 16 (Whereupon, the Senate reconvened 17 at 4:34 p.m.) 18 ACTING PRESIDENT FLANAGAN: 19 Senator Libous. 20 SENATOR LIBOUS: Mr. President, 21 do we have a report from the Rules Committee? 22 ACTING PRESIDENT FLANAGAN: We'll 23 return to the reports of standing committees. 24 The Secretary shall read. 25 THE SECRETARY: Senator Skelos,

Candyco Transcription Service, Inc. 1 from the Committee on Rules, reports the 2 following bill direct to third reading. 3 By Senator Maziarz, Senate Print 4 3164, an act to amend the Economic Development 5 Law and the Public Authorities Law. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Libous. 8 SENATOR LIBOUS: Move for its 9 immediate adoption. 10 SENATOR BRESLIN: Senator 11 Flanagan, please. 12 ACTING PRESIDENT FLANAGAN: 13 Senator Breslin, why do you rise? 14 SENATOR BRESLIN: I rise under 15 Senate Rule 7, subsection 2, to dispute the 16 acceptance of the Rules report. I would like 17 to be heard on that. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Breslin, the motion before the house 20 is to accept the report of the Rules 21 Committee. Do you wish to be heard on that 22 motion? 23 SENATOR BRESLIN: That's correct. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Breslin.

Candyco Transcription Service, Inc. 1 SENATOR BRESLIN: Mr. President, 2 we've just come from the Rules Committee, 3 where I requested that a petition under Senate 4 Rule 7, subsection 4(e) was presented. And 5 that was a petition for a hearing on 6 Bill 3419. All 11 Democrats from the 7 Democratic Conference signed onto that, which 8 called for a hearing on that bill within 9 14 days. 10 That petition was served upon, 11 pursuant to the rules, on the clerk of the 12 committee. When that petition goes to the 13 Rules Committee, there can be a vote, and that 14 vote -- 15 SENATOR LIBOUS: Excuse me, 16 Mr. President. Point of order. 17 ACTING PRESIDENT FLANAGAN: Point 18 of order. 19 SENATOR LIBOUS: I don't believe 20 that Senator -- 21 SENATOR BRESLIN: Excuse me. I 22 believe I have the floor. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Libous is rising properly on a point 25 of order, Senator Breslin.

Candyco Transcription Service, Inc. 1 Senator Libous. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. 4 I believe that Senator Breslin is 5 out of order. He is not speaking on the 6 report of the Rules Committee, which is a bill 7 that is a Governor's program bill, Power for 8 Jobs. He is speaking on a procedure within a 9 committee, and I believe that is not proper or 10 in order on the floor at this time. 11 I don't need other members, 12 Mr. President, coaching me along. I have the 13 floor. And when a member has the floor, 14 whether it's Senator Breslin or myself, we 15 don't need to hear other members coaching us 16 along. 17 ACTING PRESIDENT FLANAGAN: 18 Senator Libous, you have risen, as I said, 19 properly on a point of order, and your point 20 of order is well-taken. 21 Senator Breslin, let me -- Senator 22 Breslin, let me finish. 23 SENATOR BRESLIN: We are not 24 arguing the Rules report itself. We are here 25 procedurally.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Breslin, I am speaking. I will get to 3 you in a moment. 4 I'm speaking on Senator Libous's 5 point of order, and I am stating that the 6 point of order is well-taken. Because the 7 consideration pursuant to Rule 2 involving the 8 Committee on Rules says the reception and 9 consideration of its report shall always be in 10 order. 11 The Rules report that is before the 12 house concerns one bill. It doesn't concern a 13 petition, it doesn't concern anything other 14 than the Power for Jobs bill that was passed 15 out of the Rules Committee. Therefore, 16 Senator Breslin, Senator Libous's point of 17 order is well-taken. And your comments, 18 should you wish to comment on the acceptance 19 of the Rules report, should be constrained to 20 the parameters of the Power for Jobs bill. 21 SENATOR BRESLIN: I appeal the 22 ruling of the chair and ask to be heard on 23 that ruling. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Breslin to be heard on his appeal of

Candyco Transcription Service, Inc. 1 the ruling of the chair. 2 SENATOR BRESLIN: We're not 3 disputing the bill itself. We are 4 procedurally arguing the Rules report. 5 And under Senate Rule 7, subsection 6 2, specifically it says "The inception and 7 consideration of its report" -- the Rules 8 report -- "shall always be in order. Debate 9 or its adoption shall not exceed one hour." 10 ACTING PRESIDENT FLANAGAN: Thank 11 you, Senator Breslin. That is the rule I just 12 cited on Committee on Rules. 13 SENATOR BRESLIN: And the bill 14 comes later. It will come to the floor. 15 SENATOR HASSELL-THOMPSON: Mr. 16 Chairman. 17 ACTING PRESIDENT FLANAGAN: 18 Senator Breslin -- Senator Hassell-Thompson, 19 why do you rise? 20 SENATOR HASSELL-THOMPSON: Thank 21 you, Mr. President. 22 Is it not also true that once the 23 meeting of the rules or any other committee is 24 called to order and any subject that comes up 25 before that committee is accepted and there is

Candyco Transcription Service, Inc. 1 a discussion, therefore that subject can in 2 fact be considered as a part of the Rules 3 Committee? 4 ACTING PRESIDENT FLANAGAN: 5 Senator Hassell-Thompson, your point of order 6 is not well-taken. We are discussing the 7 acceptance of the Rules report that was 8 reported out of the Rules Committee. 9 And I will go back to Senator 10 Breslin to finish his point. 11 SENATOR HASSELL-THOMPSON: Point 12 of order again, Mr. President. You stated 13 that in the -- that the Rules Committee -- 14 ACTING PRESIDENT FLANAGAN: 15 Senator -- excuse me, Senator 16 Hassell-Thompson. You rose -- are you 17 speaking on Senator Breslin's point about 18 appealing the ruling of the chair? 19 SENATOR HASSELL-THOMPSON: No, 20 Mr. Chairman, I'm not. I asked for a point of 21 order on the subject at hand, which is the 22 Rules Committee. And you stated, Mr. Chair, 23 that the only order of business in the Rules 24 Committee was one bill. And I suggest that 25 that is not correct, because once the --

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: I believe on the 2 floor -- 3 SENATOR HASSELL-THOMPSON: -- 4 once the Rules -- 5 SENATOR LIBOUS: -- is an appeal 6 of -- 7 ACTING PRESIDENT FLANAGAN: 8 Excuse me, Senator Hassell-Thompson. 9 Senator Libous, why do you rise? 10 SENATOR LIBOUS: I believe that 11 Senator Breslin has an appeal before the house 12 on the motion, and we need to deal with that. 13 ACTING PRESIDENT FLANAGAN: 14 Senator Hassell-Thompson, we will return to 15 your point of order. Senator Breslin has a 16 motion to appeal the ruling of the chair, and 17 he wishes to be heard on that appeal. 18 Senator Breslin. 19 SENATOR BRESLIN: Mr. President, 20 the bill will come before this house. There's 21 no objection to that. 22 What we object to is the process 23 and the procedure of the Rules Committee. And 24 quite specifically, under the rules, it states 25 that we are allowed to discuss that and debate

Candyco Transcription Service, Inc. 1 that here in this chamber. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Breslin, the points that you are 4 raising have nothing to do with the Power for 5 Jobs bill that was reported out of the Rules 6 Committee. 7 You are raising points that were 8 not properly before the Rules Committee. 9 There was a petition that was not properly 10 before the Rules Committee which was made very 11 clear during the Rules Committee. The subject 12 of the Rules report that we are discussing 13 here relates to one bill concerning Power for 14 Jobs. 15 We are on your appeal of the ruling 16 of the chair. Do you wish to continue to be 17 heard on that? 18 SENATOR BRESLIN: I will defer 19 to -- 20 SENATOR GIANARIS: I wish to 21 speak on the appeal. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Gianaris on the appeal. 24 SENATOR GIANARIS: Thank you, 25 Mr. President.

Candyco Transcription Service, Inc. 1 On the appeal of the ruling of the 2 chair, I'm confounded by your determination 3 that the Rules Committee, which produced the 4 one-bill report, is therefore stifling the 5 debate on this floor to that one bill, when 6 the Rules Committee that produced the report 7 produced that report in error. 8 There is a violation of Senate 9 rules going on right now on this floor because 10 a petition pursuant to Rule 7, Section 4 was 11 presented to the committee properly, with the 12 requisite number of signatures. The Rules 13 Committee did not consider that petition, as 14 required by the Senate rules, and the report 15 that came out of that Rules Committee 16 therefore is in error and we are on sound 17 ground to challenge that report -- not because 18 we're talking or not talking about the Power 19 for Jobs bill, but because the report that 20 produced it was done in complete contravention 21 of the Senate rules. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Gianaris, the report of the Rules 24 Committee is properly before this house. The 25 substance and the manner of that report is

Candyco Transcription Service, Inc. 1 consistent with what occurred in the 2 committee. 3 The petition that you speak to that 4 was presented to the committee was not 5 properly presented to the committee and 6 therefore is not part of the Rules report that 7 came out of the committee. So the Rules 8 report that is before this house right now is 9 properly before the house, and it is limited 10 to the one bill that was contained in that 11 agenda. 12 Should you wish to speak to that, 13 your points would be well-taken and in order. 14 If you're speaking on appealing the ruling of 15 the chair, you should limit your comments to 16 the substance of the Rules report, which is 17 the Power for Jobs bill. 18 SENATOR GIANARIS: But, 19 Mr. President, I'm appealing the ruling of the 20 chair that the debate should be limited to the 21 Power for Jobs bill, and you cannot silence me 22 on that issue by your ruling. I'm appealing 23 your decision, and therefore I can speak to 24 the reasons I'm appealing -- 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Gianaris, we are now dealing with 2 Senator Breslin's appealing of the ruling of 3 the chair. Should you wish to pursue a 4 separate appeal, then you can do so on a 5 different occasion. 6 SENATOR GIANARIS: Mr. President, 7 I am speaking on Senator Breslin's appealing 8 of the ruling of the chair. 9 I believe the ruling of the chair 10 is out of order. And I wish to speak on the 11 fact that this is a continuation of a pattern 12 of behavior we've seen from the Senate 13 Majority -- and I for one do not intend to let 14 it continue -- where there is delay, there is 15 lack of sponsorship on proposals that are 16 before the Senate. 17 This has become anything but a 18 democratic institution. We are here to 19 discuss a number of issues that the public 20 asked us for, and the Senate Majority has 21 continued to stifle the debate. That is what 22 you're trying to do again right here on the 23 Senate floor. 24 ACTING PRESIDENT FLANAGAN: 25 Senator -- Senator --

Candyco Transcription Service, Inc. 1 SENATOR GIANARIS: I will not be 2 silenced, Mr. President. I will not be 3 silenced. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Gianaris, I have the floor. 6 The points that you are raising are 7 not germane to the Rules report. Should you 8 wish to speak about those types of issues, you 9 may do so outside of here. If you want to 10 hold a press conference, do something to that 11 effect, you are perfectly entitled to do that. 12 But we are confining our components of this 13 discussion to the germane aspects of the bill 14 that came out of the Rules Committee. 15 SENATOR GIANARIS: But, 16 Mr. President -- 17 ACTING PRESIDENT FLANAGAN: If 18 you wish to speak about procedure and 19 sponsorship, that's a separate subject for a 20 separate occasion. 21 SENATOR GIANARIS: Mr. President, 22 it's my understanding that when I'm appealing 23 your ruling I get to discuss the reasons why 24 I'm appealing it. You can make your ruling, 25 and we can vote on whether the house agrees or

Candyco Transcription Service, Inc. 1 disagrees with -- 2 ACTING PRESIDENT FLANAGAN: To 3 the extent that they are germane to the topic 4 that's before the house. 5 SENATOR GIANARIS: Well, then I 6 appeal your ruling as to whether it's germane. 7 ACTING PRESIDENT FLANAGAN: Well, 8 then you're going to have to wait, because 9 we're still on the appeal by Senator Breslin. 10 SENATOR GIANARIS: I'll be happy 11 to wait my turn. 12 SENATOR SQUADRON: Mr. 13 President -- 14 ACTING PRESIDENT FLANAGAN: Call 15 the roll. 16 SENATOR SQUADRON: Mr. President, 17 on the appeal. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Squadron. 20 SENATOR SQUADRON: Thank you, 21 Mr. President. 22 On the appeal of the ruling of the 23 chair that Senator Breslin put forward, let me 24 ask you, as an understanding of your ruling 25 before we vote on the appeal, what is the

Candyco Transcription Service, Inc. 1 purpose of a vote on whether or not to accept 2 the report of the Rules Committee? If the 3 purpose is, as you suggest, only to talk about 4 the bill itself, is it simply an additional 5 hour of debate on the bill itself? Or is it 6 about something coming out of the Rules 7 Committee, Mr. President? 8 ACTING PRESIDENT FLANAGAN: 9 Senator Squadron, I would refer back to a rule 10 that was cited by Senator Breslin in a 11 separate section, and by me as well: Section 12 2, the Committee on Rules. 13 The adoption of the Rules report is 14 always in order, and its reception and 15 consideration is always in order. I am 16 constrained by speaking to the Rules report 17 that was delivered to the full Senate for its 18 consideration. The issues that Senator 19 Breslin is raising are not part of that Rules 20 report. The petition that was presented to 21 the Rules Committee was not properly before 22 the Rules Committee and was so ruled. 23 So we are speaking to the sum and 24 the substance of what came out of the Rules 25 Committee, the report concerning Power for

Candyco Transcription Service, Inc. 1 Jobs. Should you wish to be heard on that, 2 that would be germane to the argument before 3 the house. 4 SENATOR SQUADRON: Mr. President, 5 on your ruling, on the appeal of your ruling, 6 which is where we are at the moment, citing 7 the rule that is now bouncing back and forth 8 around this chamber, the reception and 9 consideration of its report shall always be in 10 order. Debate on its adoption, debate on its 11 adoption shall not exceed one hour. 12 Senator Breslin was bringing up a 13 debate on its adoption based on the absolute 14 flouting of the procedural rules of the Rules 15 Committee, making this report completely 16 flawed because there is an inability in the 17 Rules Committee to debate a fundamental issue 18 in this state that was in fact in order. 19 Senator Breslin was bringing that up. 20 And the rule that you cite, again, 21 the reception and consideration of the 22 report -- which is what we're doing now, 23 receiving it and considering it -- shall 24 always be in order. 25 The adoption, debate on the

Candyco Transcription Service, Inc. 1 adoption shall not exceed one hour. That's 2 all Senator Breslin was saying. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Squadron, you are 50 percent correct. 5 You are correct that there is a legitimate 6 debate on its adoption. But the adoption and 7 its debate centers around what is contained in 8 that Rules report, not what is not contained 9 in that Rules report. 10 So if you would like to speak to 11 that, if you are uncomfortable with what 12 happened in the Rules Committee, I am 13 constrained in ruling on what is in the Rules 14 report by the parameters of that report and 15 not any other extraneous factors. 16 We have before us the Rules report, 17 which was one bill, was properly considered by 18 the Rules Committee, and is now properly 19 before this house. 20 SENATOR SQUADRON: Mr. President, 21 just to make sure I understand you, you are 22 saying that anything that is not in fact in 23 the report may not be debated, so therefore 24 all that can be debated is that which the 25 Rules Committee approves?

Candyco Transcription Service, Inc. 1 This house in total, those members 2 who are not on the Rules Committee have no 3 place, no right to say this Rules Committee, 4 with all of the powers that are imbued to it 5 in this house -- often too many, including 6 putting in a bill that no one can cosponsor -- 7 all of those powers cannot be questioned by 8 the members of this house? 9 If they are shut down in the Rules 10 Committee, they will be shut down here on the 11 floor because there is no room on this floor 12 to debate the process by which Rules Committee 13 bills jump through all of the hoops that are 14 put in place to protect the people, to create 15 transparency -- those do not matter at the 16 point that the Rules Committee has adopted its 17 report? 18 SENATOR LIBOUS: Excuse me, 19 Mr. President. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Squadron, excuse me. 22 Senator Libous, why do you rise? 23 SENATOR LIBOUS: Thank you, 24 Mr. President. And Senator Squadron, please 25 bear with me.

Candyco Transcription Service, Inc. 1 I believe Senator Breslin has 2 appealed the ruling of the chair. Now, we 3 have often given members an opportunity to 4 speak on the appeal. Senator Squadron is not 5 speaking specifically to the appeal, he is 6 talking about a procedure that didn't take 7 place in a committee meeting. 8 So I would ask that he speak 9 specifically to the appeal of the chair, which 10 has to do with the appealing of the Rules 11 report which is before us, and the Power for 12 Jobs bill, which is the Governor's program 13 bill. It has nothing to do with a lecture on 14 how the committee system works here in the 15 Senate or whether or not the clerk refused to 16 accept the petition that never made it before 17 the committee. 18 So we are on that appeal, and I 19 would hope that we could stick to the appeal. 20 I am all for the members of the other side of 21 the aisle to express their views on Senator 22 Breslin's appeal, not a lecture on how things 23 should go through committee. 24 ACTING PRESIDENT FLANAGAN: Thank 25 you, Senator Libous. Your points are

Candyco Transcription Service, Inc. 1 well-taken. 2 Senator Squadron, please confine 3 your comments to the bill that is contained in 4 the Rules report that is before the house. 5 SENATOR SQUADRON: Well, Senator 6 Libous -- and I may not have been clear 7 enough, so thank you for pointing that out. I 8 do strive to be as clear as I'm able to be. 9 Mr. President, the debate at the 10 moment is in fact on the ruling that you made 11 and whether it's in order or out of order, 12 based on the fact that Senator Breslin was 13 trying to discuss whether the report that the 14 Majority would like to put before the house is 15 properly being put before the house. 16 And so the discussion we were 17 having was on the appeal of your ruling that 18 if the words "Power for Jobs" do not define 19 all the discussion around this report -- not 20 the debate on the bill, around this report -- 21 that it would be out of order. So -- and I 22 believe we have a half hour on that motion. 23 So to continue, the report of the 24 Rules Committee was out of order because the 25 meeting that provided that report was not

Candyco Transcription Service, Inc. 1 properly run because it did not allow for the 2 debate on a very important petition. That was 3 improper. Senator Breslin would like to 4 debate whether or not to adopt the report of 5 the Rules Committee on that basis. 6 And you, Mr. President, ruled that 7 debating the appropriate adoption of that 8 report is out of order in this house, that 9 instead, in a new and I believe novel 10 reading -- 11 ACTING PRESIDENT FLANAGAN: 12 Senator Squadron -- Senator Squadron, I have 13 indulged your comments, and I certainly 14 respect your passion on the issue. 15 I have not said anything to that 16 effect concerning the adoption of the Rules 17 report. What I have said is that debate on 18 the adoption of that Rules report is in order, 19 consistent with what is contained in that 20 Rules report. If there were 12 bills in that 21 Rules report, every one of them would be 22 germane for discussion, for consideration 23 before this body. Things that are not 24 contained in that report are not germane. 25 SENATOR SQUADRON: The Rules

Candyco Transcription Service, Inc. 1 report is produced by a meeting of the Rules 2 Committee. Let me ask you this. If there was 3 a meeting of the Rules Committee that was 4 clearly -- that did not have a quorum, let's 5 say, an improper meeting of the Rules 6 Committee, and that report was brought before 7 the house, would it be proper to debate 8 whether that was in fact a meeting of the 9 Rules Committee in talking about the adoption, 10 or would you have to talk about the bills that 11 were inappropriately placed on that Rules 12 report, Mr. President? 13 ACTING PRESIDENT FLANAGAN: 14 Senator Squadron, I am not going to deal in 15 hypotheticals. I'm dealing with the facts 16 that are before this house. And if you wish 17 to speak any further on appealing the ruling 18 of the chair, you're entitled to do so. I 19 would caution that we are rapidly approaching 20 a half an hour and we will be soon actually 21 voting on the appeal advanced by Senator 22 Breslin. 23 SENATOR SQUADRON: Well, 24 Mr. President, I assume certainly that if 25 there were an improper or fraudulent meeting

Candyco Transcription Service, Inc. 1 of the Rules Committee -- one, for example, 2 where there wasn't a quorum, one where an 3 important motion was quashed inappropriately 4 without any discussion -- in any one of those 5 cases that is exactly the reason that this 6 house has the procedure where we have the 7 ability to debate and to choose to adopt or 8 not adopt a report of the Rules Committee. 9 SENATOR LIBOUS: Mr. President. 10 ACTING PRESIDENT FLANAGAN: 11 Excuse me. Senator Squadron, why do you rise? 12 (Laughter.) 13 SENATOR SQUADRON: I -- I'm 14 debating the -- 15 ACTING PRESIDENT FLANAGAN: 16 Excuse me. 17 SENATOR LIBOUS: He has risen. 18 (Laughter.) 19 ACTING PRESIDENT FLANAGAN: Okay, 20 I know why you rise. 21 Senator Libous, why do you rise? 22 SENATOR LIBOUS: Mr. President, I 23 would suggest that we vote on the appeal of 24 the chair. And then, Senator Squadron, then 25 we would be on the motion and you can speak on

Candyco Transcription Service, Inc. 1 the motion. But it is time to vote on the 2 appeal of the chair, and then Senator Squadron 3 can speak to his points. 4 But we have an appeal before the 5 house. We need to vote on that appeal, and 6 then the motion will be before the house, the 7 Rules report motion will be before the house, 8 and then Senator Squadron and his colleagues 9 can speak. 10 SENATOR SQUADRON: I appreciate 11 the point made by Senator Libous. That is, 12 there's a half-hour on each side of the -- 13 ACTING PRESIDENT FLANAGAN: 14 Senator Squadron, excuse me. 15 SENATOR SQUADRON: Yes. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Libous, your point of order is 18 well-taken. All those in, excuse me, in favor 19 of overruling the chair -- 20 SENATOR SQUADRON: Mr. President, 21 there's a 30-minute debate on each side of 22 this appeal. We have not hit 30 minutes in 23 favor of the appeal. And I'm debating the 24 appeal. 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Squadron -- Senator Libous, bear with 2 me for a moment -- 3 SENATOR LIBOUS: Sure. 4 ACTING PRESIDENT FLANAGAN: -- if 5 you wish to speak to the content of the Rules 6 report and the substance of the Power for Jobs 7 bill, fine. 8 If you're going to continue to 9 speak in a non-germane fashion concerning 10 other factors not properly before this house, 11 we will move to an immediate vote on the 12 appeal of the ruling of the chair. 13 SENATOR SQUADRON: Mr. President, 14 under Rule 3, Section D, I am able to debate 15 the appeal of the ruling of the chair for a 16 half-hour on each side. I would argue that 17 Senator Libous's comments as well as your own 18 have been in terms of not rejecting the ruling 19 of the chair. Senator Gianaris, Senator 20 Breslin, Senator Hassell-Thompson and myself 21 have spoken in favor of overruling the ruling 22 of the chair. 23 And I do not believe we have 24 reached a half-hour. I believe that is the 25 point at which we can call for a vote on this.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Squadron, should you wish to continue 3 to be heard on the appeal of the ruling of the 4 chair, your comments must be germane to the 5 content of the Rules report before the house. 6 If you continue -- 7 SENATOR SQUADRON: Under what 8 authority, Mr. President, is the germane 9 argument being made here? 10 ACTING PRESIDENT FLANAGAN: I'm 11 sorry, Senator Squadron, I could not hear the 12 last part of what you said. 13 SENATOR SQUADRON: Sorry. Under 14 what authority are you muzzling this portion 15 of the debate based -- 16 SENATOR LIBOUS: Mr. President, 17 point of order. Point of order. 18 SENATOR SQUADRON: -- based on it 19 supposedly not being germane? 20 ACTING PRESIDENT FLANAGAN: 21 Senator Squadron -- Senator Libous, why do you 22 rise? 23 SENATOR LIBOUS: Thank you, 24 Mr. President. 25 Senator Squadron, the President

Candyco Transcription Service, Inc. 1 ruled Senator Breslin's motion out of order. 2 Senator Breslin then appealed the ruling of 3 the chair. You are not debating his appeal of 4 the ruling of the chair. We are to take the 5 ruling of the chair appeal -- sir, if I may -- 6 to a vote. Then you may stand when the motion 7 is before the house whether or not to accept 8 the Rules report. 9 Mr. President is not muzzling 10 anyone. We are on a motion that Senator -- he 11 appealed, your leader appealed the ruling of 12 the chair. Therefore, we take that to a vote. 13 Then, if it passes or doesn't pass, we will be 14 on the motion itself as to whether or not to 15 accept the Rules report. And I'm sure that 16 the President would be more than happy to 17 listen to your argument. 18 SENATOR SQUADRON: Mr. President, 19 to be clear, we are, as Senator Libous says, 20 and we are in full agreement -- there's one 21 item on which we are in full agreement in this 22 house at the moment, I believe, which is that 23 we are currently debating the ruling of the 24 chair. We are debating the appeal that 25 Senator Breslin put forward on the ruling of

Candyco Transcription Service, Inc. 1 the chair. 2 The issue is that at the point at 3 which we get to the debate on accepting or 4 rejecting the report of the Rules Committee, 5 at the point that we get there, we must have 6 the ability to debate that issue in its 7 full -- all of the topics related to that 8 issue, not simply, as Mr. President seems to 9 have suggested, the bill itself that's 10 contained within that report. 11 So, Senator Libous, if by unanimous 12 consent we can agree that such debate will go 13 on under the rules, as it would, a half-hour 14 on one side, a half-hour on the other, and 15 that we can talk about any topics relating to 16 the Rules report, we would be happy to move 17 beyond this appeal, on unanimous consent, and 18 move on to that debate. 19 ACTING PRESIDENT FLANAGAN: 20 Senator Libous. 21 SENATOR LIBOUS: Mr. President, I 22 believe he's asking me a question. And the 23 answer to that question is absolutely not, 24 because the rules before the house say that 25 the subject matter needs to be germane to what

Candyco Transcription Service, Inc. 1 is before the house. 2 The President just made it very 3 clear. Before this house was the reading of 4 the report from the Rules Committee in which a 5 bill is on that report by Senator Maziarz. 6 The bill is the Power for Jobs bill, which is 7 being introduced by the Governor. Okay? 8 Your leadership stood up and 9 objected to the reading of the Rules report. 10 We then let your leadership speak on that. 11 But what happened was he didn't speak about 12 the Power for Jobs. He, like you, sir, began 13 speaking about procedures outside of this 14 chamber that have to do with rules and other 15 things. 16 Right now we would be more than 17 happy to give you an opportunity to speak on 18 the objection of the ruling of the chair as it 19 pertains to the Rules report as it pertains to 20 the Power for Jobs. Mr. President is 21 suggesting that anything else is not germane. 22 And I think that's pretty clear. I don't know 23 how anyone could not understand that. 24 SENATOR SQUADRON: Mr. 25 President --

Candyco Transcription Service, Inc. 1 SENATOR HASSELL-THOMPSON: Point 2 of order. Point of order, Mr. Chairman. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Hassell-Thompson, why do you rise? 5 SENATOR HASSELL-THOMPSON: I 6 would like my point of order to go back to -- 7 to support the contention of Senator Breslin 8 that this report is out of order because it 9 does not reflect the actions taken by the 10 Rules Committee. One -- 11 SENATOR LIBOUS: Mr. President. 12 With all due respect -- may I, Senator? We 13 can do what the Senator is requesting. No, 14 Senator, we can do what you're requesting. 15 But we have to vote on the appeal first. 16 SENATOR HASSELL-THOMPSON: No, 17 no, no, this is the appeal. The appeal has to 18 do with the fact that the report submitted to 19 the desk is not complete. It does not -- 20 SENATOR LIBOUS: That was ruled 21 out of order by the chair. 22 SENATOR HASSELL-THOMPSON: It 23 does -- Mr. Chairman -- 24 ACTING PRESIDENT FLANAGAN: 25 Senator -- excuse me. Senator

Candyco Transcription Service, Inc. 1 Hassell-Thompson -- 2 SENATOR HASSELL-THOMPSON: 3 Through you, Mr. Chairman. 4 ACTING PRESIDENT FLANAGAN: -- 5 please go through the chair. Are you asking 6 Senator Libous to yield? 7 SENATOR HASSELL-THOMPSON: No, 8 I'm not asking Senator Libous to yield. What 9 I'm asking Senator Libous to do is to hear -- 10 ACTING PRESIDENT FLANAGAN: 11 Excuse me, then. Senator Hassell-Thompson, 12 Senator Libous was speaking. 13 Senator Libous. 14 SENATOR LIBOUS: I don't want to 15 be redundant, Mr. President. And in all due 16 respect to Senator Hassell-Thompson, if we 17 could vote on Senator Breslin's appeal, then 18 we could come back to the issues at hand that 19 they want to discuss. There is a motion 20 before the house -- 21 SENATOR HASSELL-THOMPSON: -- 22 he's cutting me off. 23 SENATOR LIBOUS: No, I'm not 24 cutting -- 25 SENATOR HASSELL-THOMPSON: Yes,

Candyco Transcription Service, Inc. 1 you are. I'm speaking -- 2 ACTING PRESIDENT FLANAGAN: 3 Senator -- excuse me. Senator 4 Hassell-Thompson, please go through the chair. 5 SENATOR HASSELL-THOMPSON: A 6 point of order, Mr. Chairman, takes 7 precedence. You had given me the floor on a 8 point of order. 9 I am trying to make the point that 10 his appeal is appropriate because that which 11 has been submitted to the desk as the sum 12 total of the Rules Committee actions is 13 incomplete. If in the Rules Committee, once 14 it was called to order and Senator Breslin was 15 called upon in that Rules Committee meeting, 16 he was allowed to bring up a subject, if the 17 subject -- however the result of that subject 18 was taken, that was -- should have been a part 19 of what is reported as a part of the Rules 20 Committee. 21 Therefore, we are in contention 22 that everything that comes before that Rules 23 Committee, until such time as that Rules 24 Committee has been adjourned, should be 25 considered as part of the report that is given

Candyco Transcription Service, Inc. 1 to the desk. That is my appeal. 2 ACTING PRESIDENT FLANAGAN: Thank 3 you, Senator Hassell-Thompson. 4 Your point of order is not a point 5 of order. You were actually being heard on 6 the appealing of the ruling of the chair. 7 All those in favor of -- 8 SENATOR SQUADRON: Mr. President, 9 on the appeal. 10 ACTING PRESIDENT FLANAGAN: 11 Senator Squadron. 12 SENATOR SQUADRON: Look, 13 Mr. President, we are fairly far down the 14 rabbit hole here. We are debating an appeal 15 on a debate about the report of a committee 16 that most people in this state have never 17 heard of. 18 What we really should be doing -- 19 and again, I would offer to Senator Libous and 20 to my colleagues on both sides of the aisle, 21 let's get unanimous consent that we're not 22 going to have an absurdly limited debate on 23 this Rules report. Let's get unanimous 24 consent we're going to be talking on this 25 Rules report in terms of the process of the

Candyco Transcription Service, Inc. 1 Rules Committee in terms of the ways in which 2 we got this Rules report. 3 ACTING PRESIDENT FLANAGAN: 4 Senator -- Senator Squadron -- 5 SENATOR SQUADRON: Let's get 6 unanimous consent -- 7 ACTING PRESIDENT FLANAGAN: 8 Senator Squadron -- 9 SENATOR SQUADRON: -- let's have 10 an open debate -- 11 ACTING PRESIDENT FLANAGAN: 12 Senator Squadron -- 13 SENATOR SQUADRON: -- and once we 14 have that open debate, we can then move on to 15 very important matters on this bill. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Squadron. 18 SENATOR SQUADRON: Yes, 19 Mr. President. 20 ACTING PRESIDENT FLANAGAN: Your 21 points are no longer germane to the subject 22 before the house. You are asking Senator 23 Libous to consent to something that is 24 hypothetical and is not properly before the 25 house. We have a pending appeal of the ruling

Candyco Transcription Service, Inc. 1 of the chair. 2 SENATOR SQUADRON: Mr. 3 President -- 4 ACTING PRESIDENT FLANAGAN: 5 That's what we're going to be acting on. 6 We're not going to be jumping out ahead on 7 anything involving unanimous consent. We're 8 going to rule on the appeal of the ruling of 9 the chair. 10 SENATOR SQUADRON: Mr. President, 11 unanimous consent -- unanimous consent is 12 always in order, Mr. President. 13 SENATOR HANNON: No, it isn't, 14 not when there's a motion -- 15 ACTING PRESIDENT FLANAGAN: We're 16 going to take a vote on the appeal of the 17 ruling of the chair. 18 All those in favor of overruling -- 19 excuse me, supporting the ruling of the chair 20 please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT FLANAGAN: Those 23 opposed? 24 (Response of "Nay.") 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 ruling of the chair is sustained. 2 Senator Libous. 3 SENATOR BRESLIN: Point of order, 4 Senator Flanagan -- 5 ACTING PRESIDENT FLANAGAN: 6 Senator Breslin. 7 SENATOR BRESLIN: Point of order. 8 Before the vote was taken, you were 9 quite aware that I was standing here waiting 10 to be heard. I'm the one who appealed the 11 ruling. 12 And, you know, we can sit here and 13 tell the world that I did not bring a 14 petition, that I did not have a petition 15 signed by 11 Democrats, that I did not request 16 a hearing under the rules of the Rules 17 Committee. And we can say that that's not 18 part of this Rules report. And we can ignore 19 the fact that there's redistricting before 20 this state that's being ignored by this chair 21 and by this body -- 22 ACTING PRESIDENT FLANAGAN: 23 Senator -- excuse me, Senator. Senator 24 Breslin. 25 SENATOR BRESLIN: I believe I

Candyco Transcription Service, Inc. 1 have the floor. 2 ACTING PRESIDENT FLANAGAN: I -- 3 Senator Breslin, you're making a point that 4 I'm going to respond to. You're making an 5 assertion that somehow I am precluding 6 redistricting coming before this house. That 7 is completely absurd. 8 And if you want to speak to the 9 Rules report, and I -- Senator Breslin, I have 10 great respect for you not only as a member but 11 as the floor leader. If in some fashion I cut 12 you off from debate, accept my apology. 13 Should you wish to be the final speaker on the 14 appeal of the ruling of the chair, so be it. 15 Senator Breslin. 16 SENATOR BRESLIN: Yes, the final 17 speaker on this appeal. And as I was 18 saying -- 19 ACTING PRESIDENT FLANAGAN: 20 That's what I just said, right. 21 SENATOR BRESLIN: On this appeal. 22 ACTING PRESIDENT FLANAGAN: On 23 this appeal. 24 SENATOR BRESLIN: And that 25 petition was properly brought. It's not part

Candyco Transcription Service, Inc. 1 of this Rules report. We can't say it doesn't 2 exist. We can't say that that's not part of 3 the process of the Rules report that can be 4 debated. 5 ACTING PRESIDENT FLANAGAN: 6 Senator Breslin, excuse me. The matters to 7 which you are speaking were not properly 8 before the Rules Committee. They are not 9 contained in the Rules report that is before 10 this house. Should you wish to speak to the 11 content of that Rules report, your comments 12 would be germane and in order. 13 If you wish to continue to go down 14 the path of speaking about matters that were 15 not properly before the Rules Committee, I 16 will rule you out of order and continue to say 17 that your comments are non-germane. 18 SENATOR BRESLIN: I think I will 19 rest my case. I think to the public and the 20 State of New York it's quite obvious what's 21 happened here. You have silenced us. 22 SENATOR LIBOUS: Mr. President. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Libous. 25 SENATOR LIBOUS: Can we move to

Candyco Transcription Service, Inc. 1 accept the Rules report? 2 SENATOR GIANARIS: Mr. 3 President -- Mr. President -- 4 ACTING PRESIDENT FLANAGAN: 5 Senator Gianaris. 6 SENATOR GIANARIS: Move to appeal 7 the previous ruling of the chair as to the 8 germaneness of my previous conversation. 9 There was a ruling from the chair 10 when I previously spoke that my discussion was 11 not germane. I move to appeal that ruling. I 12 would like to be heard on the appeal. 13 ACTING PRESIDENT FLANAGAN: 14 Senator Gianaris. 15 SENATOR GIANARIS: Thank you, 16 Mr. President. 17 SENATOR LIBOUS: Mr. President -- 18 SENATOR GIANARIS: We are 19 dealing -- 20 ACTING PRESIDENT FLANAGAN: 21 Excuse me -- 22 SENATOR GIANARIS: I'm sorry, I 23 believe I have the floor, Senator. 24 SENATOR LIBOUS: Point of order. 25 Point of order.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Libous is rising on a point of order. 3 SENATOR LIBOUS: I am somewhat 4 confused as to what Senator Gianaris has 5 before the house. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Gianaris, would you be kind enough to 8 explain exactly what you are appealing? 9 SENATOR GIANARIS: Yes, 10 Mr. President. When I previously was having a 11 discussion on this floor, the chair made a 12 ruling that my discussion was not germane to 13 the appeal of Senator Breslin. So I am now 14 issuing my own appeal as to your ruling as to 15 the germaneness of my conversation. 16 SENATOR LIBOUS: Mr. President, I 17 believe I can help Senator Gianaris. I 18 believe he can speak on the motion before the 19 house, which is whether or not to accept the 20 Rules Committee report. He does not have to 21 have his own appeal. 22 The motion is before the house 23 whether or not to accept the Rules report. 24 And, Mr. President, the Senator could speak on 25 that motion as it is before the house. He

Candyco Transcription Service, Inc. 1 does not have -- I don't know what he's 2 appealing. There's nothing to appeal. 3 SENATOR GIANARIS: Well, 4 Mr. President, Mr. President -- the 5 President -- Mr. President, through you, you 6 had indicated to me previously that I would 7 have the time to appeal your ruling as to the 8 germaneness of my discussion and have the 9 opportunity to be heard on it previously. 10 I'm asking for consistency from the 11 chair as to your previous assurance to me. I 12 am currently appealing your previous decision 13 as to germaneness, and I wish to be heard on 14 it. 15 ACTING PRESIDENT FLANAGAN: 16 Senator Gianaris -- 17 SENATOR GIANARIS: Thank you -- 18 ACTING PRESIDENT FLANAGAN: -- 19 absent -- no, I'm not done. 20 Senator Gianaris, I believe that 21 what you are attempting to appeal is exactly 22 what we just spent well over half an hour 23 discussing with Senator Libous. 24 SENATOR GIANARIS: No, sir. No, 25 sir, Mr. President, it is not.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Then 2 perhaps you can more clearly state how you 3 differentiate yourself from Senator Breslin. 4 SENATOR GIANARIS: I am appealing 5 your decision to limit the topic of 6 conversation of that debate. That is what I 7 am appealing. 8 ACTING PRESIDENT FLANAGAN: 9 Senator Gianaris, you are out of order. This 10 is exactly what we just ruled on and took a 11 vote on. 12 SENATOR GIANARIS: I'm appealing 13 that ruling, Mr. President, that I'm out of 14 order. At some point I am allowed to speak to 15 disagree with the ruling of the chair. 16 ACTING PRESIDENT FLANAGAN: And 17 you have so spoken, Senator Gianaris. 18 SENATOR GIANARIS: No, I have 19 not. You have limited my ability to speak on 20 that issue. 21 ACTING PRESIDENT FLANAGAN: We 22 have already -- 23 SENATOR GIANARIS: You have -- 24 you forced me to sit down -- 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Gianaris -- 2 SENATOR LIBOUS: Point of order. 3 I believe there's a dilatory motion before the 4 house, and I would say that he is -- 5 Mr. Gianaris is out of order and we need to go 6 to the motion. 7 SENATOR GIANARIS: -- why that 8 everyone on that side of the aisle thinks I'm 9 out of order. I am appealing that 10 determination, and I wish to speak on it. 11 SENATOR LIZ KRUEGER: Point of 12 order. 13 ACTING PRESIDENT FLANAGAN: 14 Senator -- Senator Gianaris. I have already 15 ruled, and a vote has already been taken on an 16 appeal of the ruling of the -- Senator 17 Gianaris, I indulged you to hear your 18 comments. Give me the same courtesy. 19 SENATOR GIANARIS: Yes, sir. 20 ACTING PRESIDENT FLANAGAN: The 21 President, whether you like the decision or 22 not, has made a ruling. There's been an 23 appeal. There's been a discussion, and 24 there's been a vote taken. 25 Your appeal or your argument is

Candyco Transcription Service, Inc. 1 exactly the same that has been advanced by 2 Senator Breslin. 3 SENATOR GIANARIS: With 4 respect -- 5 ACTING PRESIDENT FLANAGAN: 6 Therefore, I am ruling you out of order. 7 And if you wish to speak on the 8 motion to accept the Rules report, your 9 comments will be in order. 10 SENATOR GIANARIS: With 11 respect -- with respect, Mr. President, I am 12 not speaking on the same subject of the 13 previous appeal. I am not speaking about the 14 appeal Senator Breslin made. I am speaking 15 about the chair's ruling as to what we can 16 discuss as it pertains to that appeal. That 17 is a wholly separate issue. 18 You, at your own suggestion, had me 19 sit down previously with the assurance that I 20 would have the opportunity to issue my own 21 appeal and have that discussion in due time. 22 I waited patiently. The -- there was a -- the 23 appeal was concluded. And I now have issued 24 my separate appeal as you directed me to do. 25 Now you're telling me that I can't

Candyco Transcription Service, Inc. 1 speak on the exact issue you asked me to wait 2 to speak on. How is that fair, Mr. Chair? 3 ACTING PRESIDENT FLANAGAN: 4 Senator Gianaris, I am being consistent. We 5 had a motion before the house, there was an 6 appeal of the ruling of the chair, and there 7 was debate and a vote was taken. We are now 8 on a motion to accept the Rules report. 9 Senator Gianaris, let me finish. 10 You are absolutely right, I did say that if 11 you had an appeal that you would like to make 12 on the ruling of the chair, that you could 13 make it at the appropriate time. 14 However, you have now gotten up and 15 enlightened me as to what the context of that 16 appeal was, and it is 100 percent consistent 17 with what Senator Breslin advocated. And 18 therefore I have listened to what you have to 19 say, and I'm making a rule that you are out of 20 order and what we should be properly 21 discussing before the house is the acceptance 22 of the Rules report. 23 SENATOR GIANARIS: Then with 24 respect, Mr. President, I would like to move 25 to appeal your order that I am out of order.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 You've already appealed that, and it's already 3 been ruled on -- 4 SENATOR GIANARIS: I have not. 5 You have just told me my appeal was the same 6 as Senator Breslin's. He did not appeal your 7 ruling that I was out of order. He was 8 appealing your ruling as it pertained to the 9 Rules report. I am appealing your order that 10 I am out of order in having this discussion. 11 And I'm entitled to speak on that, 12 Mr. President. No matter how many times you 13 try and stop me, I'm entitled to speak on that 14 on this floor as part of the governmental 15 process. 16 I'm an elected member of this body, 17 Mr. President. I demand to be heard. That is 18 why I've been sent here. And no matter how 19 many times you rule me out of order, the rules 20 permit me to appeal that ruling and discuss 21 it. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Gianaris, I realize that you, along 24 with the other 61 members, are duly elected 25 members of this body.

Candyco Transcription Service, Inc. 1 I believe that what you've brought 2 before the house right now is a dilatory 3 motion, which is inconsistent with the rules 4 of this house, and I am going to tell you that 5 we are going to move on to the motion as to 6 the acceptance of the Rules report. 7 Senator Libous. 8 SENATOR GIANARIS: Mr. President, 9 I would like to appeal the ruling you just 10 made. At some point I'm entitled to speak in 11 objection to a ruling of the chair. And you 12 cannot continue to stop me from doing that. 13 ACTING PRESIDENT FLANAGAN: 14 Senator Gianaris, you are out of order. 15 SENATOR GIANARIS: I would like 16 to appeal the ruling that I'm out of order. 17 ACTING PRESIDENT FLANAGAN: 18 Senator Libous. 19 SENATOR GIANARIS: Mr. President, 20 I would like to point out that in fact the 21 Rules Committee and the report it produced is 22 no different than the legal doctrine of fruit 23 from the poisonous tree. There was a poisoned 24 Rules Committee meeting -- 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Gianaris -- 2 SENATOR GIANARIS: -- that 3 produced a report that did not consider -- 4 ACTING PRESIDENT FLANAGAN: -- 5 you are out of order. 6 SENATOR GIANARIS: I will not 7 allow you to rule me out of order if you do 8 not let me speak on it -- 9 ACTING PRESIDENT FLANAGAN: 10 Senator -- Senator Gianaris. 11 SENATOR GIANARIS: -- Mr. 12 President. 13 ACTING PRESIDENT FLANAGAN: 14 Senator Gianaris, with all due respect, you 15 don't have to like what I'm saying. I'm 16 standing here in the capacity of the 17 President. I've made a ruling. We've had an 18 appeal, we've had a debate, we've had a vote, 19 and I've just expressed that your motion is a 20 dilatory motion and that we should be 21 debating -- 22 SENATOR GIANARIS: [Directed 23 across the aisle] Afraid to talk about it, 24 Senator? 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Gianaris, excuse me -- 2 SENATOR GIANARIS: -- [inaudible] 3 -- 4 ACTING PRESIDENT FLANAGAN: No, 5 Senator Gianaris -- 6 SENATOR GIANARIS: -- [inaudible] 7 -- 8 SENATOR LIBOUS: Joe, Joe, sit 9 down -- 10 SENATOR GIANARIS: -- on the 11 floor of the Senate -- 12 ACTING PRESIDENT FLANAGAN: 13 Senator Gianaris, I have the floor. 14 SENATOR ADAMS: Point of order. 15 Point of order, Mr. President. Point of 16 order -- 17 ACTING PRESIDENT FLANAGAN: 18 Senator Adams -- Senator Adams, excuse me. 19 Senator Adams -- 20 SENATOR ADAMS: -- disrespectful 21 to our colleague. That's unfair and that's 22 wrong. He had the floor. He was speaking. 23 He should have the right to speak, just as -- 24 ACTING PRESIDENT FLANAGAN: 25 Senator Adams --

Candyco Transcription Service, Inc. 1 SENATOR ADAMS: -- right to 2 speak. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Adams, I was the one who was speaking. 5 Civility in discourse is going to 6 help everybody out. I will listen to you, 7 Senator Gianaris. I will listen to Senator 8 Breslin. Certainly I will listen to Senator 9 Libous and all of our colleagues. 10 I am telling you that your comments 11 are out of order. You don't have to like what 12 I'm saying, but that's the ruling before the 13 house. And I believe that we should be 14 debating the acceptance of the Rules report. 15 SENATOR GIANARIS: As a point of 16 order about civility, because I agree with 17 you, I would like to point out I've heard 18 numerous times in my two months here that we 19 should be civil towards one other. And I have 20 been hearing disparaging comments personally 21 about me coming from the other side of that 22 floor. I'd like the President to please ask 23 for civility on the floor. 24 SENATOR LIBOUS: Mr. President. 25 Mr. President --

Candyco Transcription Service, Inc. 1 SENATOR GIANARIS: A simple 2 request. I'm not even getting into -- 3 ACTING PRESIDENT FLANAGAN: 4 Senator Gianaris, that is a fair request that 5 would go back and forth between both parties. 6 SENATOR GIANARIS: Thank you. 7 ACTING PRESIDENT FLANAGAN: 8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 you've ruled this a dilatory motion. That 11 means that Senator Gianaris no longer has the 12 floor. 13 But I would recommend, Mr. 14 President, that when we go back on the reading 15 of the Rules report, if Senator Gianaris would 16 like to have the floor, I would ask that you 17 call on him at that point so that he can make 18 his point. 19 ACTING PRESIDENT FLANAGAN: Thank 20 you, Senator Libous. 21 SENATOR GIANARIS: Mr. President 22 -- 23 SENATOR LIBOUS: Are we now -- 24 SENATOR GIANARIS: -- Rules 25 report?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Are we now, 2 Mr. -- are we now on the adoption of the Rules 3 committee report? 4 ACTING PRESIDENT FLANAGAN: Yes. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 SENATOR LIZ KRUEGER: Point of 8 order. Point of order, Mr. President. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Krueger. 11 SENATOR LIZ KRUEGER: There's 12 been a lot of going back and forth. I need a 13 clarification, please, from you, from the 14 chair. 15 Senator Gianaris, I heard him be 16 ruled non-germane earlier. And you said we 17 would get to that. I believe that the person 18 transcribing here could read what she has been 19 typing, which would verify that in fact you 20 said we would get back to the germaneness of 21 the point. 22 I'm just trying get a clarification 23 from you, Mr. President. I have heard 24 colleagues say that activities that took place 25 in the Rules Committee -- which was on TV, and

Candyco Transcription Service, Inc. 1 I was there -- where Senator Breslin attempted 2 to bring a petition to allow a public hearing 3 on redistricting did in fact take place. I 4 don't think it's a debate. There were many 5 colleagues, both sides of the aisle. 6 In committee, the chair rejected 7 the petition but never explained why or the 8 basis for it. There have been any number of 9 attempts here today to get facts put into the 10 record about what took place in the Rules 11 Committee. And we're simply trying to 12 establish where would you challenge a faulty 13 process in the Rules Committee. I believe 14 that is what Senator Breslin was trying to 15 address, Senator Squadron, and now Senator 16 Gianaris. 17 So I am asking you as the chair, 18 since you seem to be overruling every appeal, 19 where would the people of New York go to get 20 an answer about when you try to apply the 21 rules of the Senate to petition for a public 22 hearing on any bill? This was an important 23 bill on redistricting. Where would you go to 24 get that resolved if, as we saw tonight, the 25 committee chair, I believe, violated the rules

Candyco Transcription Service, Inc. 1 of the Senate Rules Committee. Then, when 2 they brought their Rules report to the floor, 3 it excluded that information. 4 And now I am watching a debate go 5 back and forth as to whether it's germane to 6 even raise on the floor when you would go 7 through that process and have a fair hearing 8 about what the rules of the Senate Rules 9 Committee are. 10 Help me understand this, please. 11 ACTING PRESIDENT FLANAGAN: 12 Senator Krueger, I don't think I'm in a 13 position, nor anyone who stands up here, to be 14 issuing points of clarification. And I'm 15 certainly not going to engage in hypothetical 16 discussions about where one should be going to 17 seek appropriate redress, whether it's at the 18 ballot box or at a press conference or at a 19 public hearing. 20 I'm going to state this politely 21 for the last time. The Rules report that is 22 before the house contains legislation that was 23 passed by the Rules Committee. That's -- 24 Senator Breslin, let me finish, please. That 25 is the sum and substance of what is before

Candyco Transcription Service, Inc. 1 this body for its consideration. Senator 2 Breslin had raised that -- no, Senator 3 Breslin, I will get to you, I promise. 4 Senator Breslin had raised certain 5 points and appealed a ruling of the chair. 6 Senator Gianaris at one point had gotten up, 7 and I asked him to wait since I felt at the 8 time that he was issuing a separate effort to 9 appeal the ruling of the chair. We had a 10 debate, we had a discussion, we took a vote 11 and the ruling of the chair was sustained. 12 Senator Gianaris then got up and 13 raised points that I believed, in my capacity 14 standing here, were exactly the same as 15 Senator Breslin's. Now, he may -- doesn't 16 have to like that ruling. You asked me to 17 tell you what we did. That is, I believe, 18 what we did. I'm not going to get into points 19 of clarification or hypotheticals, as I said. 20 What we have before us is the 21 acceptance of the Rules report. 22 SENATOR LIZ KRUEGER: Thank you. 23 Again, I don't think it was a clarification. 24 And I do believe my colleagues are 25 right to appeal the decisions of the chair.

Candyco Transcription Service, Inc. 1 Because if we can't fundamentally get an 2 answer from the President Pro Tem of the 3 Senate how we as elected Senators would be 4 able to challenge what we believe is an 5 incomplete and faulty Rules Committee report 6 on the floor of the Senate, I'm sorry, it is 7 not satisfactory to say "I don't have an 8 answer." And it's not hypothetical, because 9 many of us were in that room. It was on TV. 10 We televise and tape our committee rules. 11 So you can say it's not in the 12 Rules report being submitted to you as the 13 President Pro Tem. But I can tell you there 14 were a lot of people in the Rules Committee, 15 and we watched exactly what happened. And 16 there was more than one issue brought up in 17 that Rules Committee, and it was the right to 18 have a vote for a public hearing on 19 redistricting. So I think the record does 20 reflect that, and history reflects that. 21 And so I am sorry that the 22 President Pro Tem does not actually have any 23 ability to explain how the rules of the Senate 24 would be in fact applied, because I think it's 25 an important issue for us to deal with.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT FLANAGAN: Thank 3 you, Senator Krueger. 4 Senator Libous. 5 Oh, excuse me. Senator Breslin. 6 SENATOR BRESLIN: Thank you, 7 Mr. President. I would just procedurally like 8 a hand count on the appeal. A show of hands. 9 ACTING PRESIDENT FLANAGAN: The 10 appeal is not -- the vote's been taken. We're 11 well beyond that, Senator Breslin. 12 SENATOR BRESLIN: I think it's 13 part of our general accepted procedure that we 14 have a show of hands. 15 ACTING PRESIDENT FLANAGAN: I'm 16 sorry, Senator Breslin, would you repeat -- 17 SENATOR BRESLIN: There's been no 18 announcement of the results at all. I've been 19 getting up and up, trying to get your 20 attention. 21 SENATOR LIBOUS: Mr. President. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Libous. 24 SENATOR LIBOUS: The vote has 25 been taken. Can we accept the Rules report,

Candyco Transcription Service, Inc. 1 please? It's been taken. 2 ACTING PRESIDENT FLANAGAN: All 3 those in favor of -- 4 SENATOR SQUADRON: [Inaudible]. 5 ACTING PRESIDENT FLANAGAN: -- 6 accepting the Rules report signify by saying 7 aye. 8 (Response of "Aye.") 9 SENATOR SQUADRON: [Inaudible.] 10 ACTING PRESIDENT FLANAGAN: 11 Opposed? 12 SENATOR SQUADRON: -- the Rules 13 report, Mr. President. 14 SENATOR LIBOUS: No, no. No, 15 we're on the vote. 16 SENATOR SQUADRON: [Inaudible.] 17 ACTING PRESIDENT FLANAGAN: 18 Senator Libous, the Rules report is accepted. 19 SENATOR LIBOUS: Thank you. 20 Thank you. 21 SENATOR SQUADRON: [Inaudible.] 22 SENATOR LIBOUS: Mr. President -- 23 SENATOR SQUADRON: -- to Senator 24 Gianaris -- 25 SENATOR LIBOUS: Mr. President --

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Senator 2 Krueger stood up on a point of order just 3 before that, and that's where we are. We had 4 a half-hour on each side, it's up to an hour 5 now, to debate the report of the Rules 6 Committee. Very clearly. 7 SENATOR LIBOUS: Mr. President -- 8 SENATOR SQUADRON: And I would 9 ask that rather than continue down this rabbit 10 hole we now have a discussion -- 11 SENATOR LIBOUS: If Senator 12 Squadron would take a deep breath -- 13 SENATOR SQUADRON: -- about 14 whether a petition for a hearing is in order. 15 This idea that we're not going to talk about 16 the petition to talk about the redistricting 17 bill on this floor just isn't right. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Squadron -- Senator Squadron -- 20 Senator Squadron -- 21 SENATOR SQUADRON: -- Mr. 22 President. 23 SENATOR HASSELL-THOMPSON: Point 24 of order, Mr. President. 25 SENATOR SQUADRON: How much more

Candyco Transcription Service, Inc. 1 debate do we need? 2 ACTING PRESIDENT FLANAGAN: 3 Senator Squadron -- 4 SENATOR SQUADRON: Yes, 5 Mr. President. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Hassell-Thompson, please wait a 8 moment. I have recognized Senator Libous. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President -- 11 ACTING PRESIDENT FLANAGAN: 12 Senator Hassell-Thompson, I will get to you in 13 a moment. 14 SENATOR LIBOUS: Mr. President, 15 how much time is left in debate on the -- 16 accepting the -- 17 ACTING PRESIDENT FLANAGAN: We 18 are well beyond the 30 minutes, Senator 19 Libous. Probably closer to 50 minutes at this 20 point. 21 SENATOR SQUADRON: -- accepting 22 the Rules report? I don't believe we've 23 debated that issue without interference, 24 frankly, from -- 25 SENATOR LIBOUS: Mr. President --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Squadron -- Senator Squadron -- 3 SENATOR SQUADRON: -- for two 4 good minutes. 5 ACTING PRESIDENT FLANAGAN: 6 (Gaveling.) 7 SENATOR SQUADRON: Mr. President, 8 can I please make my point. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Squadron. Senator Libous has the 11 floor. I will recognize you after I recognize 12 Senator Hassell-Thompson. If you continue to 13 do that, we cannot continue our business in an 14 appropriate fashion. 15 SENATOR ADAMS: Point of order, 16 Mr. President. 17 Whenever Senator Libous stands up, 18 you take the floor away from Senator Squadron, 19 Hassell-Thompson. Just because he stands up, 20 we shouldn't just disrespect other members. 21 They were standing. Senator Thompson was 22 speaking. So any time he stands up, he 23 dictates what the chair is going to do, what 24 the President is going to do. 25 How is this done? Is he the chair

Candyco Transcription Service, Inc. 1 or you're the chair? I don't know. How is it 2 done? If Senator Thompson is speaking, she 3 should be allowed to speak. Just because he 4 stands, we can't disrespect the other members. 5 ACTING PRESIDENT FLANAGAN: 6 Senator Adams, I had recognized Senator 7 Libous. I made it clear that I would 8 recognize Senator Hassell-Thompson. Senator 9 Squadron was impeding my ability to do so 10 because he was not properly recognized. 11 Senator Hassell-Thompson, do you 12 wish to be heard? 13 SENATOR HASSELL-THOMPSON: Yes, 14 thank you, Mr. President. 15 ACTING PRESIDENT FLANAGAN: Why 16 do you rise, Senator Hassell-Thompson? 17 SENATOR HASSELL-THOMPSON: I 18 rise, Mr. President, because I believe that 19 the vote that we took had to do with 20 overruling the chair but it had nothing to do 21 with closing down the debate. Therefore, 22 Senator Squadron's request for a hand count 23 when we vote is not out of order. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Squadron did not make a request for a

Candyco Transcription Service, Inc. 1 hand count. Senator Breslin did, on a vote 2 that was taken approximately 15 minutes ago, 3 and we had moved past that. 4 SENATOR HASSELL-THOMPSON: That 5 was on -- but that wasn't the process, 6 Mr. Chairman, by which Senator Libous said 7 that we were in this process. I think that 8 we've been here a long time, but not too long 9 to keep track of where we are. 10 The vote that was taken was on 11 whether or not we supported the chair's 12 ruling. We have not voted yet. Yet Senator 13 Libous called for a vote on the Rules 14 Committee. We're suggesting that when that 15 vote is taken, that it be done by a hand vote. 16 That was the request. 17 And in case that wasn't clear, I am 18 making that request. And I will ask for other 19 members to stand with me if I need to, to 20 support that vote, Mr. Chairman. 21 ACTING PRESIDENT FLANAGAN: Thank 22 you, Senator Hassell-Thompson. 23 Senator Libous. 24 SENATOR GIANARIS: Mr. President, 25 point of order. What -- how can you --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Gianaris, excuse me. I just 3 recognized Senator Libous. 4 SENATOR GIANARIS: I would like 5 to make a point of order before you take the 6 vote without giving me a chance to make my 7 point of order. 8 SENATOR LIBOUS: Mr. President -- 9 ACTING PRESIDENT FLANAGAN: I'm 10 recognizing Senator Libous, Senator Gianaris. 11 I'm not taking a vote. 12 SENATOR GIANARIS: This is a 13 point of order. Mr. President, that is always 14 in order. 15 ACTING PRESIDENT FLANAGAN: I 16 realize it's always in order. But Senator 17 Libous has the floor. 18 He has sat down. What is your 19 point of order? 20 SENATOR GIANARIS: My point of 21 order, Mr. President, is to inquire whether 22 you have or have not announced the results on 23 the previous appeal of Senator Breslin. I 24 know that the debate on that was shut down 25 several minutes ago, but the results were

Candyco Transcription Service, Inc. 1 never announced. And I believe it's in order 2 for a member to request a hand count, since 3 the results were not announced. And we could 4 read the transcript back if -- 5 ACTING PRESIDENT FLANAGAN: 6 Senator Gianaris, I'm very comfortable that 7 you are quite adept at listening. And I made 8 it very clear, after having taken a vote, ayes 9 and nays, that the chair had been sustained. 10 If you didn't hear that, then I apologize. 11 But the chair had been sustained, and we moved 12 on. 13 And we've moved on now to the point 14 where we have also taken a vote on the 15 acceptance of the Rules report, which has 16 passed as well. 17 SENATOR ADAMS: Point of order, 18 Mr. President. 19 I'm requesting a readback, please, 20 because I didn't hear you state that. Can we 21 please have the stenographer read back when 22 you stated that? 23 SENATOR LIBOUS: I'm sorry, 24 Mr. President, I didn't hear that. 25 SENATOR ADAMS: I'm requesting a

Candyco Transcription Service, Inc. 1 readback. He stated that he announced the 2 results. I didn't hear him announce the 3 results. Can we have a readback from the 4 stenographer, please. 5 ACTING PRESIDENT FLANAGAN: 6 Senator Adams, this is the New York State 7 Senate. It is not a court of law. I don't 8 believe that we have engaged in readbacks 9 before. 10 I'm standing before you having 11 pretty working knowledge of what I said 12 myself, and I'm very confident that I was 13 clear, very clear that the chair had been 14 sustained after a vote was taken. And 15 subsequent to that, that another vote was 16 taken to accept the Rules report, which was 17 accepted by a voice vote, the ayes having the 18 vote. 19 SENATOR ADAMS: Okay, I 20 understand this is not a court of law. I'm 21 clear on that. However, the mere fact that 22 we've never had a readback before, are you 23 stating that's against the rules of this 24 chamber, to call for a readback? I just want 25 to get clarification on that.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Yes. 2 Senator Libous. 3 SENATOR GIANARIS: Mr. 4 President -- Mr. President, point of order. 5 Even if you announced the results, which I 6 certainly didn't hear, but even if you did 7 announce the results, there are empty seats in 8 this chamber. I believe a showing of hands is 9 appropriate to document and to verify your 10 judgment as to the vote of this chamber on the 11 appeal. 12 ACTING PRESIDENT FLANAGAN: 13 Senator Gianaris, the vote has been taken. 14 The ayes had it. The vote -- we've now had 15 two separate votes on the appeal of the ruling 16 of the chair and on the acceptance of the 17 Rules report. Your point of order is not 18 timely -- 19 SENATOR SQUADRON: Mr. President, 20 we have not had a vote on this. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Squadron, I have the floor. 23 SENATOR SQUADRON: Mr. President, 24 point of order. Point of order, 25 Mr. President. Point of order.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Squadron, I'm trying to answer Senator 3 Gianaris. 4 SENATOR SQUADRON: I have a brief 5 point of order, Mr. President. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Libous. 8 SENATOR SQUADRON: I -- I'm not 9 sure that Senator Libous was standing. 10 ACTING PRESIDENT FLANAGAN: I'm 11 not -- I'm not recog -- let me finish my 12 points. We have had two separate votes. 13 SENATOR SQUADRON: Point of 14 order, Mr. President. 15 ACTING PRESIDENT FLANAGAN: 16 Senator Squadron, you will be recognized after 17 I have made my comments and after I go to 18 Senator Gianaris for his comments, because he 19 was up before you. 20 We have had two separate votes. An 21 appeal of the ruling of the chair on a motion 22 by Senator Breslin, the ayes had the vote on 23 that. That vote was taken approximately 24 20 minutes ago. That vote was in order and 25 the chair was sustained. Not too long ago we

Candyco Transcription Service, Inc. 1 had a vote on the acceptance of the Rules 2 report by a voice vote -- 3 SENATOR GIANARIS: Mr. President. 4 ACTING PRESIDENT FLANAGAN: -- 5 and that vote was carried as well. The Rules 6 report has been accepted. 7 SENATOR GIANARIS: Mr. President, 8 with all due respect, I defy anyone in this 9 chamber to suggest that there was a second 10 voice vote called. I only called out once, 11 and I didn't hear anyone else call. I didn't 12 even hear the vote called. 13 I would like to speak on the Rules 14 report, Mr. President. 15 THE PARLIAMENTARIAN: It's 16 already been passed. 17 ACTING PRESIDENT FLANAGAN: The 18 Rules -- 19 SENATOR GIANARIS: No, it has not 20 already been passed. There has not been a 21 single vote cast. Nor was a vote called for. 22 You cannot now pass reports without even 23 taking a vote. And I know you want to stop 24 the debate, but you can't do it without even 25 voting.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Gianaris -- Senator Gianaris, I'm not 3 trying to stop any debate. What I'm trying to 4 do is properly enforce the rules of this 5 house. And I've tried to do so in a diligent 6 fashion. 7 Senator Libous -- we had moved to 8 accept the Rules report. There was a voice 9 vote taken. Perhaps you didn't hear it, but 10 there was a voice vote taken. 11 SENATOR SQUADRON: Mr. 12 President -- 13 SENATOR GIANARIS: There was 14 not -- 15 SENATOR SQUADRON: Mr. President, 16 I have a point of order. A standing point of 17 order is always in order. Can I please make 18 my point, Mr. President. 19 ACTING PRESIDENT FLANAGAN: I am 20 having a discussion with Senator Gianaris. 21 SENATOR SQUADRON: Yes, 22 Mr. President. I have a point of order 23 relative to a statement that you keep making 24 that sounds disturbingly to me like a ruling 25 of the chair that is --

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: -- 2 Mr. President, and accepted by the chair. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Libous, I'm sorry? 5 SENATOR LIBOUS: A point of order 6 is only accepted by -- recognized by the 7 chair, Mr. President. 8 SENATOR SQUADRON: So -- so -- so 9 I should understand that the chair is 10 rejecting repeatedly my point of order on 11 something as important as to whether the 12 members of this house voted on an issue or 13 not. 14 ACTING PRESIDENT FLANAGAN: No, 15 Senator. Senator Squadron -- 16 SENATOR SQUADRON: I am to 17 understand that the chair is rejecting that 18 conversation. 19 ACTING PRESIDENT FLANAGAN: No, 20 Senator Squadron. What I am doing, I have 21 ruled you out of order because you were being 22 dilatory and being disrespectful to your own 23 colleagues by continuing to interrupt them, 24 which hampers their ability to make their 25 points. While I may not agree with all of

Candyco Transcription Service, Inc. 1 their points, they are entitled to make them 2 in a timely and appropriate fashion. Your 3 continued rising has affected the ability to 4 do so. 5 I have made a ruling, a voice vote 6 has been taken, and the ayes have the vote. 7 The Rules report is properly before the house. 8 SENATOR GIANARIS: Mr. President, 9 I believe I do still have the floor on my 10 point of order. 11 ACTING PRESIDENT FLANAGAN: 12 Senator Gianaris. 13 SENATOR GIANARIS: I would like 14 to appeal the ruling you just made that there 15 was a second vote. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Gianaris, that is -- 18 SENATOR GIANARIS: Folks, folks, 19 there was no vote. We can't start moving 20 things through the Senate without taking a 21 vote. This is absurd. 22 SENATOR LIBOUS: Whoa, order. 23 ACTING PRESIDENT FLANAGAN: 24 (Gaveling.) 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 can we have some order in the house, please. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous. 4 SENATOR LIBOUS: I believe I had 5 the floor, Mr. President. 6 ACTING PRESIDENT FLANAGAN: Yes, 7 you did. 8 SENATOR LIBOUS: And I'd like 9 to -- 10 SENATOR GIANARIS: What about my 11 point of order, Mr. President? 12 SENATOR LIBOUS: Does Senator 13 Gianaris have the floor? If he does, I will 14 let him speak. Mr. President, does he have 15 the floor on his point of order? 16 What is your point of order? 17 ACTING PRESIDENT FLANAGAN: 18 Senator Gianaris. 19 SENATOR GIANARIS: Thank you, 20 Mr. President. I would like to move to appeal 21 your ruling that there was a second vote to 22 accept the Rules report. And I would like to 23 be heard on that appeal. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Gianaris, the ruling -- what you are

Candyco Transcription Service, Inc. 1 seeking in terms of a ruling is a fact. A 2 voice vote has been taken already, and the 3 Rules report has been accepted. 4 SENATOR GIANARIS: But you 5 characterized it as a ruling yourself not 6 less -- not more than a minute ago. You said 7 the chair has ruled that there was a vote. 8 I'm appealing that ruling. 9 SENATOR LIBOUS: Mr. President. 10 ACTING PRESIDENT FLANAGAN: 11 Senator Libous. 12 SENATOR LIBOUS: I think, if 13 everybody would just bear with me, we'll get 14 through this. Let me offer a suggestion, 15 Mr. President. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Libous. 18 SENATOR LIBOUS: Let me suggest 19 that the vote was -- because it was taken by 20 voice vote on the appeal of the ruling of the 21 chair. We did tell Senator Gianaris that he 22 could make some comments. I would say that 23 we're on the reading of the Rules report. But 24 let Senator Gianaris speak, if it's okay with 25 you. Then we will go to the vote. And if you

Candyco Transcription Service, Inc. 1 want to vote by hands on the Rules report, 2 that's not a problem. 3 Is there any objection? Could we 4 have unanimous consent to move in that 5 direction and have Senator Gianaris be the 6 last speaker for that side of the aisle on 7 this issue? 8 ACTING PRESIDENT FLANAGAN: 9 Senator Libous -- shh, shh -- are you asking 10 to move for reconsideration on a vote that has 11 previously been cast? 12 SENATOR LIBOUS: On the voice 13 vote on accepting the Rules report, yes, I am. 14 ACTING PRESIDENT FLANAGAN: 15 Senator Libous, your motion is in order. 16 All those in favor of accepting 17 Senator Libous's motion for reconsideration on 18 a vote which has previously passed, the 19 acceptance of the Rules report, signify by 20 saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT FLANAGAN: Those 23 opposed, nay. 24 (Response of "Nay.") 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 ayes have it. 2 SENATOR LIBOUS: Mr. President -- 3 ACTING PRESIDENT FLANAGAN: Now, 4 Senator Libous. 5 SENATOR LIBOUS: I believe 6 Senator Gianaris wanted to speak on the Rules 7 report. If that -- that is certainly in order 8 at this time. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Gianaris. 11 SENATOR GIANARIS: Thank you, 12 Mr. President, on the Rules report. And I'd 13 like to thank Senator Libous as well. 14 SENATOR DeFRANCISCO: Point of 15 order. 16 ACTING PRESIDENT FLANAGAN: 17 Excuse me -- 18 SENATOR DeFRANCISCO: On that 19 last vote, could we have a hand ruling? I 20 want to see if Senator Adams actually voted 21 no, asking Senator Gianaris not to speak. 22 (Laughter.) 23 ACTING PRESIDENT FLANAGAN: 24 Senator Gianaris, you have the floor. 25 SENATOR GIANARIS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. I do want to thank Senator 2 Libous as well for his consideration. 3 On the Rules report. We have 4 before us a Rules report that has one bill on 5 it. It is a Governor's program bill. At the 6 Rules Committee which produced that report, 7 there was a petition for a hearing on a second 8 Governor's bill which related to independent 9 redistricting. 10 The Rules Committee did not vote on 11 that bill. The Rules Committee did not 12 consider -- on that petition, rather. The 13 Rules Committee did not consider that petition 14 as required by the rules of the Senate. And 15 yet we have before us a Rules report that came 16 out of that Rules Committee which was 17 conducted in contravention of the Senate 18 rules. 19 As I began to say earlier, there's 20 a legal doctrine called the fruit of the 21 poisonous tree which says that what comes out 22 of something that was conducted improperly or 23 against the rules or illegally cannot be 24 considered on its own because everything that 25 it came from was improper.

Candyco Transcription Service, Inc. 1 The Rules Committee that produced 2 the report before us was conducted improperly. 3 It was in direct violation of Rule 7 of the 4 Senate rules. We had more than one-third of 5 the members petition for a hearing on the 6 Governor's program bill to establish a fair 7 and independent redistricting process that the 8 Senate Majority has tried to bottle up since 9 the moment it was introduced. They have not 10 allowed a single sponsor on it. They've tried 11 to limit debate on this floor tonight as to 12 the fact that the Rules Committee didn't even 13 allow the petition to come up for a 14 discussion. 15 And now we have a Rules report, lo 16 and behold, that was produced that has a bill 17 on it that many of us will support -- myself 18 included -- but does not reflect the Rules 19 Committee abiding by the rules of the Senate, 20 which would require a petition on the 21 Governor's bill on independent redistricting. 22 Why the Senate Majority has spent 23 so much time in the last two months trying to 24 avoid even a public discussion of independent 25 redistricting I think is, plain and simple, a

Candyco Transcription Service, Inc. 1 direct result of the fact that each and every 2 one of them promised to support that bill, or 3 something very similar to it, and from the 4 Wednesday after Election Day to today it's 5 been one step after another to avoid 6 discussion, avoid it coming up for a vote, 7 avoid letting people sponsor it, avoid it as 8 if it never existed. 9 It seems to me like the Senate 10 Majority would be happy to take that bill, my 11 redistricting bill, any other redistricting 12 bill that would go into effect for next year's 13 reapportionment and throw it in the round file 14 and never hear from it again and hope it goes 15 away. 16 And we hear about there's other 17 issues, you know, like the budget -- which is 18 obviously a critically important issue for 19 this state. But there's no reason we can't 20 deal with both issues at the same time. 21 I've heard discussion that it's not 22 timely, it's not until next year. It may not 23 be until next year, but we have to set up a 24 process this year that would have the time to 25 function and be in place to produce an

Candyco Transcription Service, Inc. 1 independent redistricting process for next 2 year. 3 We have become a laughingstock as 4 it relates to our districts. There are 5 contests to name the shapes of our districts, 6 that's how bad it's gotten, because we're 7 picking who's going to vote for us rather than 8 letting the voters pick who represents them. 9 And this Rules report that we're 10 discussing tonight is just another example -- 11 and perhaps the most egregious, from what I've 12 seen on the floor tonight. Although I do 13 appreciate and respect Senator Libous allowing 14 me to speak on the Rules report. I hope 15 that's a sign that as we go forward there will 16 continue to be a robust public discussion on 17 this issue and not a continuation of what we 18 had seen previously. 19 The fact is reapportionment happens 20 once every 10 years. It's happening next 21 year. And solutions that kick the can down 22 the road 10 years later will not satisfy the 23 public, they will not satisfy the advocates 24 that have been pushing for this, and they 25 certainly will not satisfy me.

Candyco Transcription Service, Inc. 1 We have before us a Rules report 2 that we debated these rules for quite some 3 time when they were adopted. I remember that 4 discussion. And many of us were not happy 5 they were adopted, but here they are. And 6 they were adopted with the proper amount of 7 votes after an appropriate vote. 8 And now these rules that the Senate 9 Majority adopted, over our objections -- which 10 is the way it works -- are now being defied by 11 the very Senate Majority that adopted them. 12 If you didn't like the fact that we could 13 petition for a hearing on a bill, you 14 shouldn't have included it in Rule 7 of the 15 Senate rules. 16 But the fact is that that rule is 17 there. And we abided by the rules that we all 18 voted against. And we presented the petition 19 pursuant to the rules that were drafted by the 20 Majority. That petition was ignored. And 21 then the Rules Committee produced -- 22 SENATOR LIBOUS: Mr. President. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Libous, why do you rise? 25 SENATOR LIBOUS: In all due

Candyco Transcription Service, Inc. 1 respect to Senator Gianaris, is his discussion 2 germane to the Power for Jobs bill before us 3 on the Rules Committee? We're talking about 4 petitioning the Rules Committee, and Power for 5 Jobs I believe is on the Rules Committee 6 report. 7 ACTING PRESIDENT FLANAGAN: 8 Senator Libous, your comments are well-taken. 9 Senator Gianaris, I appreciate your 10 measured tone. I would respectfully request 11 that you seek very much in earnest to keep 12 your comments to the bill and the report that 13 is before the house. There will be plenty of 14 opportunities, and I'm sure that you are quite 15 adept at seeking those opportunities and 16 advancing them outside of this chamber to 17 discuss issues that are not before the house 18 today. 19 SENATOR GIANARIS: Mr. President, 20 is that a ruling that my discussion is not 21 germane to the Rules report? 22 ACTING PRESIDENT FLANAGAN: It's 23 a polite suggestion that your comments are 24 straying from the contents of the report in 25 the matter before the house, and that it would

Candyco Transcription Service, Inc. 1 be a prudent exercise for you to focus far 2 more on Senator Maziarz's bill, which has to 3 do about energy policy and economic 4 development for the State of New York. 5 SENATOR GIANARIS: With respect, 6 Mr. President, I disagree with your 7 suggestion. Because as I stated, it's my 8 belief that the report that the Rules 9 Committee produced was in contravention of the 10 Senate rules and therefore the report itself 11 is not a valid report. 12 And as part of that discussion, 13 Mr. President -- this is what we've been 14 struggling with, or I have tonight -- as part 15 of that discussion I need to be able to make 16 the point of why the Rules Committee acted 17 improperly to justify why I think the Rules 18 report itself is not properly before the 19 house. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Gianaris, I would again remind you 22 that I think it would be a wise investment of 23 your time and this collective body's time to 24 constrain your comments to the Rules report. 25 If you want to comment about

Candyco Transcription Service, Inc. 1 something relating to procedure, I would do 2 that also in a measured tone. The subjects 3 that you're raising for legislative 4 consideration have absolutely nothing to do 5 with procedure. Should you wish to change the 6 procedure, you are well aware of how you might 7 do that outside of this body. 8 But if you want to speak to the 9 procedural aspects of how the committee 10 operates, I think it would be relatively fair 11 for you to do so. But if you want to talk to 12 legislation that is not part of that 13 committee, I would suggest that your comments 14 would be out of order. 15 SENATOR GIANARIS: Well, 16 Mr. President, in a measured tone, I 17 respectfully disagree. 18 But I think we're beating a dead 19 horse at this point, so I would call for a 20 vote on the Rules report. 21 ACTING PRESIDENT FLANAGAN: All 22 those in favor of accepting the Rules report 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT FLANAGAN: And a

Candyco Transcription Service, Inc. 1 show of hands, please. 2 (Members raised their hands.) 3 ACTING PRESIDENT FLANAGAN: 4 Senator Libous. 5 SENATOR LIBOUS: I just want to 6 make sure that there's clarification that we 7 are now voting on the acceptance of the Rules 8 report, which has one bill, Senator Maziarz's 9 bill, which is the Governor's program bill, 10 and anybody who votes nay would be against 11 putting that bill on the floor. Is that 12 correct? 13 ACTING PRESIDENT FLANAGAN: Yes. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. 16 SENATOR GIANARIS: Point of 17 order. Point of order. Point of order, 18 Mr. President. Senator Libous just said we 19 are -- 20 ACTING PRESIDENT FLANAGAN: 21 Excuse me, Senator Gianaris. 22 SENATOR GIANARIS: I'm sorry. 23 ACTING PRESIDENT FLANAGAN: I'm 24 going to invoke chivalry here. We had one of 25 your female colleagues, Senator Montgomery,

Candyco Transcription Service, Inc. 1 rise before you. 2 Senator Montgomery, you wish to be 3 heard? 4 SENATOR MONTGOMERY: Yes, thank 5 you. Yes, I want to explain my vote. To 6 absolutely reject the premise put forward 7 by -- 8 ACTING PRESIDENT FLANAGAN: 9 Excuse me, Senator Montgomery. 10 SENATOR MONTGOMERY: You don't 11 have me on the microphone, do you? Oh, yes, 12 you have me. 13 ACTING PRESIDENT FLANAGAN: No, 14 your microphone is on. But I -- 15 SENATOR MONTGOMERY: I want to 16 explain my vote. Is that -- may I do that 17 now? Are we voting now? 18 ACTING PRESIDENT FLANAGAN: 19 Excuse me, Senator Montgomery -- 20 SENATOR MONTGOMERY: Are we 21 voting now? I would like to explain my vote. 22 ACTING PRESIDENT FLANAGAN: Yes, 23 and I'm trying to get to that point. 24 Respectfully explaining your vote 25 on a motion is not in order.

Candyco Transcription Service, Inc. 1 SENATOR MONTGOMERY: Well, I 2 would like to speak on the motion. Can I do 3 that? 4 ACTING PRESIDENT FLANAGAN: We 5 are on a vote, Senator Montgomery. So time 6 for debate on the motion -- 7 SENATOR MONTGOMERY: I would like 8 to speak on whatever is before the house. Is 9 that all right? 10 (Laughter.) 11 SENATOR MONTGOMERY: Whatever you 12 call it. 13 SENATOR LIBOUS: Excuse me, 14 Mr. President. Mr. President -- 15 SENATOR MONTGOMERY: You have 16 your hands up. You're voting. I want to 17 speak on -- aren't we voting? Is that what 18 we're doing? 19 SENATOR LIBOUS: I want to help 20 you, Senator -- 21 SENATOR MONTGOMERY: Oh, thank 22 you. Okay. 23 SENATOR LIBOUS: -- I do. 24 I believe Senator Montgomery did 25 stand up before the actual vote was taking

Candyco Transcription Service, Inc. 1 place. So if she wants to make her comments 2 on this, fine. Otherwise the rules are fairly 3 clear that there's no speaking on a motion. 4 We can show our hands. 5 Senator Montgomery -- if the chair 6 is acceptable, she did stand before we 7 actually did the show of hands. Otherwise, 8 the rules are pretty clear on this issue. So, 9 Mr. President, I would defer to you. 10 ACTING PRESIDENT FLANAGAN: Yes. 11 I would -- Senator Adams, I would remind you 12 that this is a perfect example of why I take 13 my lead sometimes from Senator Libous, because 14 he's able to correct me when I'm not seeing 15 things that I should be seeing. 16 Senator Montgomery, I would ask 17 that you be -- 18 SENATOR MONTGOMERY: Brief. 19 ACTING PRESIDENT FLANAGAN: -- 20 brief in your comments in explaining your 21 feelings about what we're acting on right now. 22 SENATOR MONTGOMERY: Okay. Thank 23 you very much. 24 Mr. President, as you know, I'm a 25 member of the Rules Committee. And I was in

Candyco Transcription Service, Inc. 1 the Rules Committee meeting. There was a 2 petition brought or attempted to be brought 3 vis-a-vis the rules that we now operate under 4 in our chamber and within all committees. I 5 thought we were within our right to use that 6 as a means of having a voice in the 7 proceedings in the chamber and in our house, 8 and we were summarily rejected by the chair of 9 the committee. And furthermore, you are now 10 saying to us that we -- it was as if nothing 11 happened in the committee meeting. 12 So my question to you is if we 13 have -- if there is -- has been such an action 14 taken within our body among ourselves that is 15 clearly outside of the rules, who do we go to 16 in order to address a grievance when that 17 happens? And I would just like for you to 18 tell me where we go from here in terms of 19 appropriately addressing this grievance, since 20 we've been summarily ruled out of order that 21 we can't speak on it on the floor. 22 So where do we go with it? Who is 23 in charge of making sure that the rules by 24 which we do business in our house are actually 25 followed by all of us equally and fairly?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Montgomery, I appreciate your 3 comments. That's a rhetorical question. 4 Announce the results. 5 THE SECRETARY: Ayes, 36. Nays, 6 23. 7 ACTING PRESIDENT FLANAGAN: The 8 report is accepted. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, 11 can we now go to the noncontroversial 12 calendar, please. 13 ACTING PRESIDENT FLANAGAN: After 14 that, Senator Libous, I'm not sure we have 15 one. 16 (Laughter.) 17 ACTING PRESIDENT FLANAGAN: Yes. 18 Senator Libous, we will move to a reading of 19 the noncontroversial portion of the calendar. 20 THE SECRETARY: Calendar Number 21 35, by Member of the Assembly Hevesi, Assembly 22 Print Number 261, an act to amend the Public 23 Authorities Law. 24 ACTING PRESIDENT FLANAGAN: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall effect immediately. 3 ACTING PRESIDENT FLANAGAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 62. 7 ACTING PRESIDENT FLANAGAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 36, by Member of the Assembly Cahill, Assembly 11 Print Number 3656A, an act to amend the Public 12 Service Law. 13 ACTING PRESIDENT FLANAGAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 30th day. 17 ACTING PRESIDENT FLANAGAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 62. 21 ACTING PRESIDENT FLANAGAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 92, by Senator Little, Senate Print 2485, an 25 act to amend the Agriculture and Markets Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FLANAGAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT FLANAGAN: The 10 bill is passed. 11 Senator Libous, that completes the 12 noncontroversial reading of the calendar. 13 SENATOR LIBOUS: Thank you, 14 Mr. President. Could we go to the 15 supplemental calendar, please, for the 16 noncontroversial reading. 17 ACTING PRESIDENT FLANAGAN: The 18 Secretary will read the noncontroversial 19 reading of the supplemental calendar. 20 THE SECRETARY: Calendar Number 21 164, by Senator Maziarz, Senate Print 3164, an 22 act to amend the Economic Development Law and 23 the Public Authorities Law. 24 ACTING PRESIDENT FLANAGAN: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 20. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FLANAGAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT FLANAGAN: 7 Senator Maziarz, to explain his vote. 8 SENATOR MAZIARZ: Thank you very 9 much, Mr. President. To explain my vote. I 10 was actually going to get up and joke around 11 and say lay the bill aside for the day, but I 12 thought after we've been through all of this, 13 we have to continue. 14 I just want to say that this bill 15 permanentizes the Power for Jobs program. As 16 we all know, this program has been renewed on 17 an annual basis since 1997. It's been a real 18 detriment to companies that want to locate 19 here in New York, that want to invest in 20 New York that want to hire people in New York, 21 because of the uncertainty. 22 This bill gives those companies 23 seven years of certainty. It permanentizes 24 this program, allows them to reapply after a 25 seven-year period.

Candyco Transcription Service, Inc. 1 Governor Cuomo has submitted this 2 as his second program bill. He's talked to me 3 personally about it on several occasions, 4 about the importance that he placed upon this 5 bill. 6 I do want to thank my ranking 7 Democratic member, Senator Parker, who is a 8 cosponsor of this legislation. Because 9 Senator Parker, of course, who represents a 10 district in New York City, myself, from 11 upstate, many of my colleagues -- Senator 12 Gallivan, Senator Ritchie, Senator Grisanti, 13 Senator Libous, Senator Griffo, and Senator 14 Kennedy, all of whom have cosponsored this, it 15 shows the wide-ranging support that we have on 16 this particular piece of legislation. 17 Mr. President, I vote in the 18 affirmative. Thank you. 19 ACTING PRESIDENT FLANAGAN: Thank 20 you, Senator Maziarz. 21 Senator Griffo, to explain his 22 vote. 23 SENATOR GRIFFO: Thank you, 24 Mr. President. 25 I can't tell you how refreshing it

Candyco Transcription Service, Inc. 1 is to be able to talk about an economic issue, 2 something that really has a tremendous impact 3 across every region of this state and across 4 every segment of our society. 5 I want to thank Senator Maziarz for 6 his leadership, and all the members of the 7 committee; to Governor Cuomo, for making this 8 an important program bill so early in this 9 session. Because this is a program that is so 10 important in revitalizing our economy, 11 particularly the manufacturing sector. 12 This bill is going to be so 13 important, as Senator Maziarz said, because it 14 will provide certainty. Benefits were good, 15 but the uncertainty was problematic. This 16 bill now gives this permanency to the program. 17 We all know that utility costs are a factor 18 that hinder businesses in this state, and 19 that's why this effort is so important today. 20 So I know that this program will be 21 more reliable. It will increase the capacity 22 for employers to grow their businesses. And 23 it's a vast improvement over its popular 24 predecessor. 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Excuse me, Senator Griffo. 2 Just if we could have a little 3 quiet so that the member -- there are a number 4 of members who wish to explain their votes. 5 Please extend to them the same courtesy that 6 you would like to receive in return. 7 Senator Griffo. 8 SENATOR GRIFFO: Thank you, 9 Mr. President. 10 So with that in mind, I am 11 wholeheartedly in support of this bill and I'm 12 hopeful that we're going to reach a consensus 13 and deliver this bill into law this year. 14 Thank you, Mr. President. I vote 15 aye. 16 ACTING PRESIDENT FLANAGAN: Thank 17 you, Senator Griffo. 18 Senator Liz Krueger. 19 SENATOR LIZ KRUEGER: Thank you, 20 Mr. President. 21 I am also glad to stand to support 22 this bill and to vote for this bill and to 23 congratulate all the many Senators who were 24 involved in finally getting Power for Jobs 25 resolved.

Candyco Transcription Service, Inc. 1 For the record, on behalf of the 2 over 320,000 constituents of my district who 3 sent me here to vote up or down on bills like 4 this, if we had fair, independent, 5 non-gerrymandered redistricting, all of us 6 would have approximately the same number of 7 constituents to be voting yes or no on bills 8 on behalf of. 9 So tonight I'm glad to join my 10 upstate colleagues in supporting this bill. 11 But sometimes my constituents aren't sure they 12 get the same count in this house. 13 Thank you, Mr. President. 14 ACTING PRESIDENT FLANAGAN: Thank 15 you, Senator Liz Krueger. 16 Senator Hassell-Thompson, to 17 explain her vote. 18 SENATOR HASSELL-THOMPSON: Thank 19 you, Mr. President. 20 I would like the record to reflect 21 that the vote that was taken and how I voted 22 did not reflect the fact that I did not 23 support this energy bill and the importance to 24 the State of New York, but rather that my vote 25 was taken as an objection to the process.

Candyco Transcription Service, Inc. 1 Thank you, Mr. Chair. 2 ACTING PRESIDENT FLANAGAN: Thank 3 you, Senator Hassell-Thompson. 4 Senator Fuschillo, to explain his 5 vote. 6 SENATOR FUSCHILLO: Thank you 7 very much, Mr. President. 8 I want to just compliment my 9 colleague Senator George Maziarz, who has 10 worked diligently on this issue for many, many 11 years. And it's critically important for the 12 economic revitalization of New York State and 13 Long Island. 14 Our priority in this conference has 15 been putting people back to work. This is 16 another step in the right direction in putting 17 New York State in the right direction. I'll 18 be voting in the affirmative. 19 Thank you, Mr. President. 20 ACTING PRESIDENT FLANAGAN: Thank 21 you, Senator Fuschillo. 22 Senator Zeldin, to explain his 23 vote. 24 SENATOR ZELDIN: I also rise in 25 the affirmative. I commend Senator Maziarz

Candyco Transcription Service, Inc. 1 for his leadership with this particular issue. 2 Electric rates for businesses in 3 New York are twice as high as they are in 4 other states. On Long Island we have 35 5 companies that currently benefit from being 6 part of the current Power for Jobs program, 7 while there are new companies that may be able 8 to benefit from this new Recharge New York. 9 This bill has a wide range of 10 support on Long Island, including the Long 11 Island Association, Association for a Better 12 Long Island, the Hauppauge Industrial 13 Association, Long Island Forum for Technology, 14 the Long Island Builders Institute, Long 15 Island Contractors Association and Nassau 16 Council of Chambers of Commerce, the Long 17 Island Metro Business Action, and the Long 18 Island Software and Technology Network. 19 Thank you, Senator Maziarz, for 20 your leadership, and I proudly stand in the 21 affirmative to support him in this effort. 22 ACTING PRESIDENT FLANAGAN: Thank 23 you, Senator Zeldin. 24 I would again just ask that we have 25 some order in the house.

Candyco Transcription Service, Inc. 1 Senator Stavisky, to explain her 2 vote. 3 SENATOR STAVISKY: Yes. 4 Mr. President, I have the feeling that I only 5 voted for half of the Rules report, and I 6 don't know whether our votes can be 7 constituted as a fractional vote. But 8 nevertheless, I'm delighted to support this 9 bill whichever way and whatever percentage you 10 want to give to the Rules report. 11 Thank you. 12 ACTING PRESIDENT FLANAGAN: Thank 13 you, Senator Stavisky. 14 Announce the results. 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT FLANAGAN: The 17 bill is passed. 18 Senator LaValle. 19 SENATOR LaVALLE: Mr. President, 20 I think Senator Hassell-Thompson has an 21 announcement. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Hassell-Thompson. 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Mr. President.

Candyco Transcription Service, Inc. 1 There will be an immediate meeting 2 of the Democratic Conference in the Democratic 3 Conference Room immediately following session. 4 ACTING PRESIDENT FLANAGAN: 5 Senator LaValle. 6 SENATOR LaVALLE: Is there any 7 other business at this desk? 8 ACTING PRESIDENT FLANAGAN: No, 9 there is not, Senator LaValle. 10 SENATOR LaVALLE: There being no 11 further business, I move we adjourn until 12 Wednesday, March the 9th, at 3:00 p.m. 13 ACTING PRESIDENT FLANAGAN: On 14 motion, the Senate stands adjourned until 15 Wednesday, March 9th, at 3:00 p.m. 16 (Whereupon, at 5:56 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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