Wednesday, March 16, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 16, 2011 11 11:21 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR JOSEPH A. GRIFFO, Acting President 20 FRANCIS W. PATIENCE, Secretary 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: Today's 10 invocation will be offered by the Reverend 11 Peter G. Young, of the Mother Teresa Community 12 here in Albany. 13 Father? 14 REVEREND YOUNG: Thank you, 15 Senator. 16 Let us pray. 17 God, by Your love, You made a world 18 where we have become neighbors to each other 19 and we are enabled to love one another. Let 20 us remember today those that are in Japan that 21 are suffering with a traumatic kind of 22 potential meltdown for nuclear problems. And 23 may we pray, too, for peace in the Mideast. 24 May we again grant that You too may 25 use the Senate to strive toward a way of life

Candyco Transcription Service, Inc. 1 in keeping with God's plan. We pray that You 2 will bless our Senators generously who devote 3 themselves to helping our New York State 4 citizens. 5 Amen. 6 ACTING PRESIDENT GRIFFO: Thank 7 you, Father. 8 The reading of the Journal. 9 THE SECRETARY: In Senate, 10 Tuesday, March 15th, the Senate met pursuant 11 to adjournment. The Journal of Monday, 12 March 14th, was read and approved. On motion, 13 Senate adjourned. 14 ACTING PRESIDENT GRIFFO: Without 15 objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 The Secretary will read. 20 THE SECRETARY: On page 18, 21 Senator Little moves to discharge, from the 22 Committee on Health, Assembly Bill Number 1635 23 and substitute it for the identical Senate 24 Bill Number 1689, Third Reading Calendar 191. 25 ACTING PRESIDENT GRIFFO:

Candyco Transcription Service, Inc. 1 Substitution ordered. 2 THE SECRETARY: On page 18, 3 Senator Espaillat moves to discharge, from the 4 Committee on Housing, Construction and 5 Community Development, Assembly Bill Number 6 570 and substitute it for the identical Senate 7 Bill Number 3114, Third Reading Calendar 195. 8 ACTING PRESIDENT GRIFFO: 9 Substitution so ordered. 10 THE SECRETARY: On page 19, 11 Senator Fuschillo moves to discharge, from the 12 Committee on Higher Education, Assembly Bill 13 Number 5664 and substitute it for the 14 identical Senate Bill Number 3536, Third 15 Reading Calendar 201. 16 ACTING PRESIDENT GRIFFO: 17 Substitution is so ordered. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 There will be an immediate meeting 3 of the Finance Committee in Room 332 -- that's 4 the Finance Committee immediately will meet in 5 Room 332. 6 The Senate will stand at ease. 7 ACTING PRESIDENT GRIFFO: There 8 will be an immediate meeting of the Senate 9 Finance Committee in Room 332. 10 The Senate stands at ease. 11 (Whereupon, the Senate stood at 12 ease at 11:25 a.m.) 13 (Whereupon, the Senate reconvened 14 at 11:45 a.m.) 15 ACTING PRESIDENT GRIFFO: The 16 Senate will come to order. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 can we return to motions and resolutions, 20 please. 21 ACTING PRESIDENT GRIFFO: We will 22 return to motions and resolutions. 23 Senator Libous. 24 SENATOR LIBOUS: Mr. President, I 25 believe there's a resolution at the desk by

Candyco Transcription Service, Inc. 1 Senator LaValle. Could we have it read in its 2 entirety and call on Senator LaValle, please. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: Legislative 6 resolution by Senator LaValle, congratulating 7 the Rocky Point High School Varsity 8 Cheerleading Team upon the occasion of 9 capturing the National Championship in the 10 Universal Cheerleaders Association's Medium 11 Varsity Division. 12 "WHEREAS, Athletic competition 13 enhances the moral and physical development of 14 the young people of this state, preparing them 15 for the future by instilling in them the value 16 of teamwork, encouraging a standard of healthy 17 living, imparting a desire for success, and 18 developing a sense of fair play and 19 competition; and 20 "WHEREAS, This Legislative Body is 21 justly proud to congratulate the Rocky Point 22 High School Varsity Cheerleading Team upon the 23 occasion of capturing the National 24 Championship in the Universal Cheerleaders 25 Association's Medium Varsity Division in

Candyco Transcription Service, Inc. 1 Orlando, Florida, on February 12-13, 2011; and 2 "WHEREAS, The Rocky Point High 3 School Varsity Cheerleading Team competed 4 against the top 32 teams in the country. This 5 is the first time a Long Island team has won 6 the Universal Cheerleaders Association's 7 national title; and 8 "WHEREAS, A week before the 9 national competition, the Rocky Point 10 Cheerleading Squad placed first at the Long 11 Island Championship at Suffolk County 12 Community College in Selden, New York. The 13 team secured the highest recorded score, 144.5 14 out of a possible 150 points, in the history 15 of the Long Island Cheerleading Coaches 16 Association (LICCA). In addition, Rocky Point 17 Cheerleading Coach Anna Spallina received a 18 Lifetime Achievement Award from the LICCA as 19 one of Long Island's most deserving coaches; 20 and 21 "WHEREAS, Loyally and 22 enthusiastically supported by family, fans, 23 friends and the community at large, the Rocky 24 Point Varsity Cheerleading Team have proven 25 themselves to be an unbeatable combination of

Candyco Transcription Service, Inc. 1 athletic and academic talents, reflecting 2 favorably on their community; and 3 "WHEREAS, The Rocky Point High 4 School Varsity Cheerleading Team includes: 5 Nicole Danisi, Rebecca Farley, Heather Haas, 6 Angela Henriksen, Cori Icopelli, Elizabeth 7 Johannesen, Ally Kaleita, Amanda Lang, Kaity 8 Moran, Emily Cincotta, Heidi Lebens, Brianna 9 Lent, Margie Nociforo, Brianna Norbury, Haley 10 Sanchez, Stephanie Savage, Paige Thomsen, 11 Sarah Vaden, Sarah Viola, Melissa Carniero, 12 Naomi Bauer, Jenna Orlando, Megan Keane, Kim 13 Oliver, Jaclyn Lang, and Danielle Ortolani; 14 and Head Coach Anna Spallina was ably 15 supported by Assistant Coaches Samantha 16 Melella, Lenee Passiglia, and Donna Collier; 17 and 18 "WHEREAS, It is the sense of this 19 Legislative Body that when young people who 20 represent their community with pride and 21 determination while participating in 22 competitive sports are brought to our 23 attention, they should be celebrated and 24 recognized by all citizens of the great State 25 of New York; now, therefore, be it

Candyco Transcription Service, Inc. 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to honor the 3 Rocky Point High School Varsity Cheerleading 4 Team upon the occasion of winning the National 5 Championship in the Universal Cheerleaders 6 Association's Medium Varsity Division; and be 7 it further 8 "RESOLVED, That copies of this 9 resolution, suitably engrossed, be transmitted 10 to the members of the Rocky Point High School 11 Varsity Cheerleading Team, Coach Anna 12 Spallina, and the aforementioned assistant 13 coaches." 14 ACTING PRESIDENT GRIFFO: Senator 15 LaValle. 16 SENATOR LaVALLE: Thank you, 17 Mr. President. 18 Today we have the Rocky Point High 19 School Varsity Cheerleaders with us to 20 celebrate and commemorate their achievement. 21 Senator Flanagan came over to me before, and 22 he said, "National championship? Wow." 23 And to my colleagues, I say to win 24 a national championship, to be the first team 25 from Long Island to beat 32 other teams from

Candyco Transcription Service, Inc. 1 around our great nation, is indeed a great, 2 great achievement. 3 Rocky Point is a community, a 4 hamlet on the North Shore of Long Island. It 5 is a wonderful community where people in that 6 community of Rocky Point work together, play 7 together, and do so in just a great way. 8 There are many other districts surrounding 9 Rocky Point where people say "How do we become 10 a community like Rocky Point?" 11 These students who are with us 12 today have achieved in the classroom and they 13 have achieved athletically. It is a wonderful 14 thing. 15 Many, many moons ago, my own 16 daughter was a cheerleader at Earl 17 Vandermeulen High School in Port Jefferson, 18 and at that time cheerleading was not at the 19 level that it is today. As many of you, I 20 attend a lot of cheerleading events, and the 21 activities that go on are just mind-boggling. 22 And many times I have to cover my eyes because 23 of the flips and things that are done. 24 So to the Rocky Point cheerleaders, 25 today we are passing this resolution. You

Candyco Transcription Service, Inc. 1 will be part of the history of New York and 2 you can look back in time and say that your 3 achievements were recognized by the New York 4 State Senate, and I believe it's already been 5 done in the Assembly. 6 So congratulations from my 7 colleagues, myself to your coach and all of 8 you on the wonderful national achievement that 9 you reached. 10 (Applause.) 11 ACTING PRESIDENT GRIFFO: The 12 Senate welcomes and congratulates the Rocky 13 Point High School Varsity Cheerleading Team. 14 Thanks for being with us today, and 15 congratulations. 16 ("Thank you" from the gallery.) 17 (Laughter; applause.) 18 ACTING PRESIDENT GRIFFO: It 19 sounds like a cheer. 20 All in favor of the resolution 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT GRIFFO: 24 Opposed? 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: The 2 resolution is adopted. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President -- we can clap again. 6 (Applause.) 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 There's a resolution at the desk, 10 Number 879 by Senator Golden. Could we please 11 have its title read, and I believe Senator 12 Golden would like to be called on. 13 ACTING PRESIDENT GRIFFO: The 14 Secretary will read. 15 THE SECRETARY: Legislative 16 Resolution 879, by Senator Golden, commending 17 the Brooklyn Irish-American Parade Committee 18 upon the occasion of its 36th Annual 19 St. Patrick's Day Parade on March 20, 2011. 20 ACTING PRESIDENT GRIFFO: Senator 21 Golden. 22 SENATOR GOLDEN: This obviously 23 is a great time during the month of March that 24 we celebrate St. Patrick's Day, and there are 25 many parades, one being tomorrow, the 250th

Candyco Transcription Service, Inc. 1 anniversary of the parade with Mary Higgins 2 Clark, who will be the grand marshal tomorrow, 3 and she will march down that avenue, and 4 proud, and pass the Archbishop, who will be on 5 the steps of St. Patrick's Cathedral, as he is 6 every year. 7 And this will be a great day for 8 the Irish. Mary Higgins Clark, her parents 9 arrived here the same as my parents, with a 10 dollar in their pocket and a dream. And that 11 dollar in their pocket and that dream came 12 true for her and for my family as well. My 13 brother was the grand marshal in the Mineola 14 parade this past week, and my sister Eileen 15 joined him, and she plays with Cherish the 16 Ladies and he has the Golden School of Irish 17 Dance. And I was gifted with having the -- 18 being the Queens grand marshal last year. 19 We have, coming up on March 27th 20 and this week coming up, two other parades in 21 Brooklyn that will celebrate Irish heritage 22 and bring out the culture of the great 23 communities of the City of New York, and 24 proudly they will march down the avenues in 25 Brooklyn and Queens and the City of New York

Candyco Transcription Service, Inc. 1 and across this great state, celebrating their 2 Irish heritage and their religion. 3 And I commend and ask anybody who 4 would like to join that resolution as we give 5 that out and bestow that honor on the people 6 of Brooklyn. 7 Thank you, Mr. President. 8 ACTING PRESIDENT GRIFFO: Thank 9 you, Senator Golden. 10 The question is on the resolution. 11 All in favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT GRIFFO: 14 Opposed? 15 (No response.) 16 ACTING PRESIDENT GRIFFO: The 17 resolution is adopted. 18 And past practice will adhere. 19 Those who do not want to be on the resolution, 20 please notify the desk, as Senator Golden has 21 offered all to be a cosponsor. 22 Senator Libous, we are still on 23 motions and resolutions. Are there any 24 further -- 25 SENATOR LIBOUS: Yes, sir, we

Candyco Transcription Service, Inc. 1 are. And we have a couple of others. I 2 believe there's one by Senator Seward that is 3 at the desk. Could we ask that the title be 4 read and we go for its immediate adoption. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Libous. 7 The Secretary will read. 8 THE SECRETARY: Legislative 9 resolution by Senator Seward, honoring 10 The Parisian Family upon the occasion of their 11 designation as recipients of the 2011 12 Distinguished Partners in Education Award by 13 St. Mary's School in Oneonta, New York, on 14 March 19, 2011. 15 ACTING PRESIDENT GRIFFO: The 16 question is on the resolution. All in favor 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed? 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 resolution is adopted. 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 We have another resolution before 3 us, Resolution 834, at the desk. May we 4 please have the title read and call on Senator 5 Little, please, and then move for its 6 adoption. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: Legislative 10 Resolution 834, by Senator Skelos, 11 memorializing Governor Andrew M. Cuomo to 12 proclaim March 2011 as Women's History Month 13 in the State of New York and commemorating the 14 New York State Senate's "Women of Distinction" 15 tribute. 16 ACTING PRESIDENT GRIFFO: Senator 17 Little. 18 SENATOR LITTLE: Thank you, 19 Mr. President. 20 Each year when we celebrate women's 21 history we celebrate the women in New York 22 State's history who have made a significant 23 contribution to our society and to our causes. 24 And it goes without saying that many of those 25 women's contributions went far beyond the

Candyco Transcription Service, Inc. 1 borders of New York State; they have become 2 part of our lasting heritage. And they did so 3 by fighting against stereotypes, prejudice and 4 insurmountable obstacles. 5 Many of those women you know by 6 name, certainly, and we have honored them 7 before: Sojourner Truth, Harriet Tubman, 8 Susan B. Anthony, Elizabeth Cady Stanton, 9 Nellie Bly, the artist Grandma Moses, Barbara 10 McClintock, and the "First Lady of the World," 11 Eleanor Roosevelt. 12 New York State continues to be a 13 place where women have had a major role. And 14 as we approach September 11, 2011, we will 15 mark the 10th anniversary of the unprecedented 16 tragedy that befell our state and our country. 17 And once again, we should remember the three 18 women of distinction that we honored because 19 of their service, their ultimate sacrifice in 20 2001: Moira Smith, a decorated New York 21 Police Department officer; Captain Kathy 22 Mazza, the first female commandant of the Port 23 Authority Police Training Academy; and Yamel 24 Merino, 2001 Emergency Medical Technician of 25 the Year, all who gave their lives in that

Candyco Transcription Service, Inc. 1 tragedy in 2001. 2 We continue this tradition this 3 year by inducting three new honorees for the 4 year 2011. Two of these women, as many before 5 them that we have honored, have been first in 6 their field. 7 Linda Richards, who was from 8 Potsdam, New York, and was the first trained 9 nurse, will be honored. Her life span was 10 1841 to 1930. 11 Second, Susan Smith McKenney 12 Steward, who was the first African-American 13 female doctor in New York State and was the 14 third in our country. Her life span, 1847 to 15 1918. 16 And the third, who happens to be 17 from my district, Mary Wiltsie Fuller. Mary 18 Wiltsie Fuller was born in 1862 and was the 19 daughter of a Troy industrialist and an 20 advocate for women. Through her sponsorship 21 of the Girls Friendly Society of the Episcopal 22 Church in Troy, she became aware of the need 23 for respite and recreation for the working 24 women who worked in the Troy shirt factories. 25 At that time, many people called

Candyco Transcription Service, Inc. 1 Troy "the City of Women" because there were so 2 many women -- young immigrant women, young 3 women, older women, single women -- working to 4 support their families working in these shirt 5 factories. And certainly vacations and 6 recreation were way beyond their means. 7 Realizing this, Mary turned to her 8 friends Spencer and Katrina Trask about 9 helping to find a location for her retreat for 10 women. The Trask family lived in Tuxedo Park, 11 Saratoga, and Lake George. They had land on 12 Lake George that they had bought in a tax 13 sale, and they agreed to allow Mary to 14 establish a retreat for women on their land by 15 leasing it to her in 1903. Mary then turned 16 to many others to help with the support of 17 building this retreat. The following year, 18 1904, Katrina Trask sold the property to Mary 19 for one dollar and a bouquet of flowers. 20 There were about 50 friends who 21 helped Mary raise the money for the 22 renovations and contributed food and supplies 23 for this home on Lake George. The name chosen 24 for the home was Wiawaka, which is an Indian 25 name for "the Great Spirit of Women," and it

Candyco Transcription Service, Inc. 1 officially opened July 4, 1903. And for a 2 little more than $3, a woman could spend a 3 week on Lake George. 4 Mary lived and worked at Wiawaka 5 until her death in Glens Falls in 1943. 6 Wiawaka still exists. It is the oldest and 7 longest continuously operated nonprofit 8 retreat for women in America today. This past 9 summer and the summer before that, it hosted 10 female wounded warriors for a retreat on 11 Lake George. 12 It is still available for a minimum 13 donation or what you can afford to pay for 14 women to go and spend a week on Lake George. 15 And it is still the recipient of local 16 philanthropy. Josie Beckos-Wood of the 17 Charles Wood Foundation has donated funds to 18 this Wiawaka so that they can keep up the 19 buildings and they can continue this tradition 20 which has gone on for well over a hundred 21 years of helping women find a space, a 22 beautiful location for a retreat, and a place 23 to renew their souls. 24 I would ask you all to take a 25 moment to look at the display in the Well

Candyco Transcription Service, Inc. 1 honoring all the women that we have honored in 2 the past as well as these three women who we 3 respectfully and gratefully honor this year. 4 Thank you. 5 ACTING PRESIDENT GRIFFO: Thank 6 you, Senator Little. 7 The question is on the resolution. 8 All in favor signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT GRIFFO: 11 Opposed? 12 (No response.) 13 ACTING PRESIDENT GRIFFO: The 14 resolution is adopted. 15 Senator Libous. 16 SENATOR LIBOUS: Mr. President 17 there's another resolution at the desk, 873. 18 May we please have -- actually, could we read 19 it in its entirety, please. And then if you 20 would call on me afterwards. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will read. 23 THE SECRETARY: Legislative 24 Resolution 873, by Senator Skelos, recognizing 25 and celebrating the week of March 13-19, 2011,

Candyco Transcription Service, Inc. 1 as "Sunshine Week." 2 "WHEREAS, The pillars of democracy 3 include government transparency, accessibility 4 and accountability, resulting in an informed 5 citizenry; and 6 "WHEREAS, Sunshine Week is a 7 national initiative about the importance of 8 open government and freedom of information; 9 and 10 "WHEREAS, Sunshine Week seeks to 11 enlighten and empower people to play an active 12 role in their government at all levels; and 13 "WHEREAS, This Legislative Body 14 understands and appreciates the value of 15 access to information that it needs to make 16 informed decisions, and the corresponding 17 importance of access to government information 18 by the citizens of this state; and 19 "WHEREAS, The free flow of 20 information from the government to the people 21 instills trust and confidence in our democracy 22 and ensures that our government is accessible, 23 accountable and open; and 24 "WHEREAS, We must continue to 25 educate and empower the public regarding their

Candyco Transcription Service, Inc. 1 right to access government documents, 2 information and meetings; and 3 "WHEREAS, This Legislative Body 4 will hold joint budget conference committees 5 in order to provide more openness and 6 transparency to the budget process; and 7 "WHEREAS, Nationwide, during the 8 week of March 13 through 19, countless 9 citizens and others interested in open 10 government will celebrate Sunshine Week; and 11 "WHEREAS, Sunshine Week is a 12 nonpartisan initiative whose supporters are 13 conservative, liberal and every group in 14 between, and its participants include print, 15 broadcast and online news media, civic groups, 16 libraries, nonprofits, schools and others 17 interested in the public's right to know; now, 18 therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to recognize 21 and celebrate the week of March 13-19, 2011, 22 as Sunshine Week." 23 ACTING PRESIDENT GRIFFO: Senator 24 Libous on the resolution. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. I'm proud to stand before the 2 body today and speak on this resolution. 3 Actually, what our goal is here is 4 to have Sunshine Year, not just Sunshine Week. 5 We certainly want to do all we can to open 6 government up and make it as transparent as 7 possible and make it available to all of the 8 people that everyone in this chamber 9 represents. 10 I think, as mentioned in the 11 resolution, Mr. President, what's particularly 12 special is that at 12 o'clock, as we speak on 13 this resolution, at 12 o'clock we are 14 commencing a number of the budget conference 15 committees, legislation that was passed into 16 law by this body in 2007 to open up the 17 budgeting process and making sure that the 18 public understands what's going to be in the 19 final budget bill or legislation. Media 20 cameras are in every one of the rooms as the 21 meetings are commencing, as we are being 22 telecast on the Internet and certainly viewed 23 and heard by many. 24 Sunshine Week -- or, as I'd like to 25 say, every day is Sunshine Day in New York

Candyco Transcription Service, Inc. 1 State, as we have passed a number of different 2 laws over the years to achieve that 3 transparency and openness that is required 4 from government and is expected and deserved 5 to the people. 6 So again, this is not just a day, 7 just not a week, and I know my colleagues on 8 both sides of the aisle agree with me that our 9 goals in this chamber, both Republicans and 10 Democrats, is to open things up in government 11 and have the sun shine in every day so that 12 what we do is extremely transparent. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Libous. 15 Senator Valesky on the resolution. 16 SENATOR VALESKY: Thank you, 17 Mr. President. 18 I want to join Senator Libous in 19 saluting Sunshine Week. And certainly 20 Sunshine Week should be expanded to all 21 52 weeks of the year. 22 I want to, in addition to being 23 very pleased this year that the budget process 24 is actually in compliance with the Budget 25 Reform Law of 2007 -- for the first time in a

Candyco Transcription Service, Inc. 1 couple of years -- which certainly is in the 2 spirit of Sunshine Week and the spirit of 3 openness and transparency. I would also 4 suggest, though, the legislative activity that 5 we've taken this week in many ways is in the 6 spirit of Sunshine Week. 7 On Monday, two days ago, we had an 8 open and honest discussion about redistricting 9 reform for the first time ever in this State 10 Senate, had an opportunity to have that 11 discussion. 12 Yesterday, in the one-house budget 13 that we passed -- I think it's very, very 14 important to call this to the attention of the 15 members of the Senate, because this is also in 16 the spirit of Sunshine Week. There is 17 Article 7 legislation that was included in 18 yesterday's budget that we approved that does 19 the following: 20 The creation of a Legislative 21 Budget Office, whose primary responsibility is 22 to provide individual members and legislative 23 committees on a nonpartisan basis with 24 information related to the budget process. 25 That's sunshine in the budget process;

Candyco Transcription Service, Inc. 1 An independent executive director 2 to helped head up that Legislative Budget 3 Office, appointed for a six-year term. That's 4 sunshine; 5 That the Executive and Legislature 6 adopt budgets that are balanced in accordance 7 with generally accepted accounting principles. 8 I would submit that that's in the interest and 9 the spirit of the sunshine and a more 10 transparent and open legislature; 11 And that the Division of the Budget 12 adopt a five-year financial plan in accordance 13 with GAAP. 14 We didn't have an opportunity to 15 discuss that yesterday during the debate on 16 the one-house Senate budget, but I think it's 17 important for the record to reflect that the 18 budget that the Senate approved yesterday 19 advances budget reform from four years ago in 20 the spirit of openness and transparency. 21 And I want the record to reflect 22 that as we acknowledge Sunshine Week, and I 23 look forward to all of our colleagues 24 supporting the resolution. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Valesky. 3 The question is on the resolution. 4 All in favor signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT GRIFFO: 7 Opposed? 8 (No response.) 9 ACTING PRESIDENT GRIFFO: The 10 resolution is adopted. 11 Senator Libous. 12 SENATOR LIBOUS: Mr. President, 13 on behalf of Senator Bonacic, on page 9 I 14 offer the following amendments to Calendar 15 Number 72, Senate Print Number 2769A, and ask 16 that the said bill retain its place on the 17 Third Reading Calendar. 18 ACTING PRESIDENT GRIFFO: The 19 amendments are received, and the bill retain 20 its place on the Third Reading Calendar. 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 seeing at this time all the members of the 24 Senate are taking place in the open process of 25 conference committees, the Senate will stand

Candyco Transcription Service, Inc. 1 at ease until those committees commence, and 2 we will all be expected to be back here at a 3 time that will be announced. 4 But we are at ease, we are not 5 adjourning, and we will all be expected to be 6 back here after the committees are over. 7 ACTING PRESIDENT GRIFFO: The 8 Senate will stand at ease. 9 (Whereupon, the Senate stood at 10 ease at 12:10 p.m.) 11 (Whereupon, the Senate reconvened 12 at 3:57 p.m.) 13 ACTING PRESIDENT FLANAGAN: 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, I 16 believe there's a report of the Finance 17 Committee at the desk. 18 ACTING PRESIDENT FLANAGAN: The 19 Secretary will read. 20 THE SECRETARY: Senator 21 DeFrancisco, from the Committee on Finance, 22 reports the following bill direct to third 23 reading: 24 Senate Print 2802, Senate Budget 25 Bill, an act making appropriations for the

Candyco Transcription Service, Inc. 1 legal requirements of the state debt service. 2 ACTING PRESIDENT FLANAGAN: So 3 ordered. 4 Senator Breslin, why do you rise? 5 SENATOR BRESLIN: Thank you, 6 Mr. President. Point of order, please. 7 According to the Senate rules, 8 under Rule 5, subsection 6(C), a bill must, 9 when it goes to Finance, in order to get to 10 the third reading, must go through Rules. If 11 it doesn't go through Rules, our rules signify 12 that it can be done by unanimous consent. 13 This particular bill did not go 14 through Rules. And we have been more than 15 willing to allow unanimous consent, but that 16 was denied. And we feel that this bill is not 17 properly before the house. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Breslin, on your point of order, I 20 would reference Rule 6, Section 6, which 21 requires that all budget bills shall be given 22 a number and shall be referred to the Finance 23 Committee. 24 And it is the precedent in this 25 body that the Finance Committee reports budget

Candyco Transcription Service, Inc. 1 bills directly to third reading for 2 consideration on the floor. 3 While you're citing a separate 4 rule, the ruling that I'm making is based on 5 Rule 6, Section 6. And I would respectfully 6 tell you that your point of order is not 7 well-taken. 8 SENATOR BRESLIN: Thank you, 9 Mr. President. 10 ACTING PRESIDENT FLANAGAN: 11 Senator Libous. 12 SENATOR LIBOUS: Can we take up 13 the supplemental noncontroversial calendar, 14 please. 15 ACTING PRESIDENT FLANAGAN: The 16 Secretary will read the substitution. 17 THE SECRETARY: Senator 18 DeFrancisco moves to discharge, from the 19 Committee on Finance, Assembly Bill 4002 and 20 substitute it for the identical Senate Bill 21 2802, Third Reading Calendar Number 230. 22 ACTING PRESIDENT FLANAGAN: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 230, Assembly Print Number 4002, Assembly 2 Budget Bill, an act making appropriations for 3 the legal requirements of the state debt 4 service. 5 ACTING PRESIDENT FLANAGAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FLANAGAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT FLANAGAN: The 14 bill is passed. 15 Senator Libous. 16 SENATOR LIBOUS: Mr. President, 17 is there any further business at the desk? 18 ACTING PRESIDENT FLANAGAN: There 19 is no business at the desk, Senator Libous. 20 SENATOR LIBOUS: Thank you, 21 Mr. President. 22 There being no further business at 23 the desk, I move that the Senate adjourn until 24 Monday, March 21st, at 3:00 p.m., intervening 25 days being legislative days.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: On 2 motion, the Senate stands adjourned until 3 Monday, March 21st, at 3:00 p.m., intervening 4 days being legislative days. 5 (Whereupon, at 4:04 p.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.