Monday, March 28, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 28, 2011 11 6:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, 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 FLANAGAN: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and recite the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: 9 Today's invocation will be offered by Rabbi 10 Shmuel Butman, from the Lubavitch Youth 11 Organization in Brooklyn. 12 Rabbi. 13 RABBI BUTMAN: [in Hebrew] Our 14 Heavenly Father, please bestow Your heavenly 15 blessings on the members of the New York State 16 Senate, on them and on their families. They 17 should have the strength, the inspiration, the 18 health to serve You and the people in the 19 great State of New York. 20 The Lubavitcher Rebbe, Rabbi 21 Menachem M. Schneerson, said many times, when 22 he spoke about the elected officials of the 23 State of New York and the elected officials of 24 the New York State Senate, that you are 25 elected as the custodians for law and order

Candyco Transcription Service, Inc. 1 not only in the State of New York, but through 2 the State of New York, in the entire state, in 3 the entire United States of America, because 4 the State of New York has influence over the 5 entire country, and by extension the United 6 States has influence and should have influence 7 over the entire world. 8 So the laws of law and order that 9 you institute and that you are the custodians 10 of have repercussions not only for the great 11 people of the State of New York and the United 12 States of America but all free people 13 throughout the world. 14 In 1991, before I went to 15 Washington to open the United States Senate, I 16 went to see the Rebbe. And the Rebbe said 17 that "During your invocation in the United 18 States Senate, you should bring with you a 19 pushkeh" -- a pushkeh is a charity box -- "and 20 you should put in a dollar while you're doing 21 the invocation, and everybody should see what 22 you are doing, and whoever wants to follow." 23 So I'm going to do what the Rebbe 24 asked me. On the dollar it says -- you just 25 mentioned God's name before in your prayer.

Candyco Transcription Service, Inc. 1 On the dollar it says "In God We Trust." And 2 I'm going to put in a dollar in the pushkeh, 3 and we are going to ask everyone if they want 4 to join us. 5 Now, don't get scared. This is not 6 a fundraising campaign to make good for the 7 deficit of the New York State budget. This is 8 not the reason. The reason for that is that 9 everyone should have a chance to do an extra 10 deed of goodness and kindness. When you put 11 your hand in your pocket, you take out a 12 dollar bill and you put it into a charity box, 13 you have done an act of goodness and kindness. 14 The Rebbe says that we live in the 15 last generation of exile and the first 16 generation of redemption. And the Great 17 Redemption will come by doing more acts of 18 goodness and kindness. And this is exactly 19 what we are going to ask you to do if this is 20 going to be -- these are going to be your 21 wishes. 22 Every Saturday when we are in our 23 synagogues we say a special prayer for you. 24 We say the [in Hebrew], for all those who 25 serve the public faithfully as you do. We ask

Candyco Transcription Service, Inc. 1 Almighty God for blessings for you and for 2 your family, in health, in happiness, and in 3 gladness of heart. 4 And our wish, and our wish to each 5 and every single one of you is, at this 6 moment, that you should pass the budget 7 successfully immediately. 8 Thank you. 9 ACTING PRESIDENT FLANAGAN: The 10 reading of the Journal. 11 THE SECRETARY: In Senate, 12 Sunday, March 27, the Senate met pursuant to 13 adjournment. The Journal of Saturday, 14 March 26, was read and approved. On motion, 15 Senate adjourned. 16 ACTING PRESIDENT FLANAGAN: 17 Without objection, the Journal stands approved 18 as read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers.

Candyco Transcription Service, Inc. 1 Motions and resolutions. 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, I 4 know that members are giving their tithing to 5 the rabbi, and that's a good thing to do. But 6 if we could please have some order in the 7 chamber while they're quietly putting their 8 dollars in the box, in the pushkeh. Thank 9 you. 10 And I would read a couple of 11 motions, Mr. President. 12 On behalf of Senator Griffo, on 13 page 20 I offer the following amendments to 14 Calendar Number 255, Senate Print Number 3641, 15 and ask that said bill retain its place on the 16 Third Reading Calendar. 17 ACTING PRESIDENT FLANAGAN: The 18 amendments are received and adopted and the 19 bill will retain its place on the Third 20 Reading Calendar. 21 SENATOR LIBOUS: And, 22 Mr. President, on behalf of Senator Seward, I 23 move that the following bill be discharged 24 from its respective committee and be 25 recommitted with instructions to strike the

Candyco Transcription Service, Inc. 1 enacting clause: Senate Bill 3898. 2 ACTING PRESIDENT FLANAGAN: So 3 ordered. 4 SENATOR LIBOUS: And, 5 Mr. President, I believe there is a privileged 6 resolution at the desk. I would ask that it 7 be read in its entirety and we move for its 8 immediate adoption. 9 ACTING PRESIDENT FLANAGAN: The 10 Secretary will read. 11 THE SECRETARY: Legislative 12 resolution by Senator Skelos, commemorating 13 the Anniversary Celebration of the Birthday of 14 the revered Lubavitcher Rebbe, Rabbi Menachem 15 M. Schneerson, upon the occasion of a Memorial 16 Reception to be held in the New York State 17 Capitol on March 28, 2011. 18 "WHEREAS, The true architects of 19 society and community are those individuals 20 whose faith and unremitting commitment serve 21 to sustain the spiritual and cultural values 22 of life. The Lubavitcher Rebbe, Rabbi 23 Menachem M. Schneerson, was surely such an 24 individual; and 25 "WHEREAS, World Jewry will honor

Candyco Transcription Service, Inc. 1 its immortal leader, Rabbi Menachem M. 2 Schneerson, the Lubavitcher Rebbe, upon the 3 occasion of the Anniversary of his Birthday 4 with '109 Days of Education' in -- 5 SENATOR LIBOUS: Mr. President, 6 we are honoring the Rabbi. And if we could 7 have some order in the chamber as the clerk 8 reads. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Libous, thank you. 11 If the members would respect the 12 reading of the resolution about the Rabbi, we 13 would all appreciate it. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: "WHEREAS, World 17 Jewry will honor its immortal leader, Rabbi 18 Menachem M. Schneerson, the Lubavitcher Rebbe, 19 upon the occasion of the Anniversary of his 20 Birthday with '109 Days of Education,' in 21 fitting tribute to this esteemed spiritual 22 leader; and 23 "WHEREAS, The Lubavitcher Rebbe, 24 over his 44 years of dedicated leadership, 25 established over 1,500 Lubavitch Centers,

Candyco Transcription Service, Inc. 1 helping people of all walks of life throughout 2 the world, from Australia to Africa, from 3 Holland to Argentina, and from Moscow to 4 Jerusalem; and 5 "WHEREAS, Rabbi Schneerson's 6 educational activities throughout the global 7 have enriched and strengthened the religious, 8 educational, cultural, moral, and ethical 9 fibers of all citizens of the world; and 10 "WHEREAS, The Rebbe proclaimed that 11 the time of Redemption has arrived and 12 Moshiach is on his way; and 13 "WHEREAS, The Lubavitcher Rebbe 14 called upon all citizens of the world to 15 prepare for the Great Redemption with a 16 personal commitment to increase charity and 17 good deeds; and 18 "WHEREAS, A Memorial Reception will 19 be held in the New York State Capitol on 20 Monday, March 28, 2011, in tribute and 21 remembrance of Rabbi Schneerson, the leading 22 rabbi of his generation; and 23 "WHEREAS, This year, Friday, 24 April 15, 2011, corresponding to 11 Nissan, 25 5770, the Rebbe's Birthday, to Monday,

Candyco Transcription Service, Inc. 1 August 1, 2011, corresponding to 1 Av, 5771, 2 will be celebrated as '109 Days of Education' 3 in tribute to the educational endeavors of 4 this visionary leader and learned gentleman on 5 behalf of all mankind; and 6 "WHEREAS, Throughout his purposeful 7 journey of life, Rabbi Schneerson compiled, 8 with dignity and grace, decades filled with 9 philanthropic causes, humanitarian effort, and 10 astute Judaic leadership, justly earning the 11 devotion of his followers and the admiration 12 and respect of his fellow man; now, therefore, 13 be it 14 "RESOLVED, That this Legislative 15 Body pause in its deliberations to commemorate 16 the traditional observance of the Anniversary 17 of the Birthday of the Lubavitcher Rebbe, 18 Rabbi Menachem M. Schneerson, upon the 19 occasion of a Memorial Reception to be held in 20 the New York State Capitol on March 28, 2011, 21 and to recognize April 15, 2011, to August 1, 22 2011, as '109 Days of Education,' in tribute 23 to the educational endeavors of the beloved 24 Rebbe; and be it further 25 "RESOLVED, That a copy of this

Candyco Transcription Service, Inc. 1 resolution, suitably engrossed, be transmitted 2 to Rabbi Shmuel M. Butman, director of the 3 Lubavitch Youth Organization." 4 ACTING PRESIDENT FLANAGAN: 5 Senator Skelos. 6 SENATOR SKELOS: Thank you very 7 much, Mr. President. 8 Rabbi Butman, as every year, we 9 look forward to your coming to our chamber, 10 reminding all of us in our lives we should all 11 do good deeds. 12 And I also want to point out, 13 during these times of fiscal austerity, I've 14 never seen more members go up and contribute 15 as they have this year. So I think it's 16 wonderful. 17 We wish you good health. We look 18 forward to seeing you every year as you bless 19 this chamber. Thank you, Rabbi. 20 RABBI BUTMAN: Thank you very 21 much. Thank you. Thank you. Thank you. 22 ACTING PRESIDENT FLANAGAN: 23 Senator Skelos, the Rabbi has informed me that 24 he has clearly hit his table target for today. 25 (Laughter.)

Candyco Transcription Service, Inc. 1 RABBI BUTMAN: I wish you the 2 same. Thank you. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Libous, the question is on the 5 resolution. All those in favor signify by 6 saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT FLANAGAN: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT FLANAGAN: The 12 resolution is adopted. 13 Senator Libous. 14 SENATOR LIBOUS: Thank you very 15 much, Mr. President. 16 And I believe that Senator Savino 17 has a privileged resolution at the desk. And 18 she would ask that you please read it in its 19 entirety and that if you could please call on 20 Senator Savino. 21 ACTING PRESIDENT FLANAGAN: The 22 Secretary will read. 23 THE SECRETARY: Legislative 24 resolution by Senator Savino, mourning the 25 death of Geraldine Anne Ferraro, former Queens

Candyco Transcription Service, Inc. 1 Congresswoman and first woman nominated as a 2 United States Vice Presidential candidate. 3 "WHEREAS, It is the sense of this 4 Legislative Body to recognize and pay tribute 5 to individuals of distinguished purpose and 6 true commitment who dedicated their lives and 7 careers to public service and the pursuit of 8 excellence in the conduct of the legislative 9 process; and 10 "WHEREAS, It is with great sorrow 11 and deepest regret that this Legislative Body, 12 representing the people of the State of 13 New York, records the passing of Geraldine 14 Anne Ferraro, noting the significance of her 15 purposeful life and accomplishments; and 16 "WHEREAS, Geraldine A. Ferraro, the 17 former Queens Congresswoman who made history 18 in 1984 as the first Italian-American and the 19 first woman nominated for national office by a 20 major party when she accepted the Democratic 21 nomination for vice president, died Saturday, 22 March 26, 2011, in Boston, Massachusetts, at 23 the age of 75; and 24 "WHEREAS, Born on August 26, 1935, 25 in the Hudson River City of Newburgh,

Candyco Transcription Service, Inc. 1 New York, Geraldine A. Ferraro was the fourth 2 child and only daughter of Dominick Ferraro, 3 an Italian immigrant who owned a restaurant 4 and a five-and-dime store, and the former 5 Antonetta L. Corrieri; and 6 "WHEREAS, After the death of her 7 father when she was just 8 years old, 8 Geraldine A. Ferraro's mother sold the family 9 store and their home and moved to the South 10 Bronx and later to Queens; and 11 "WHEREAS, Geraldine A. Ferraro 12 attended the Marymount School, a Catholic 13 boarding school in Tarrytown, New York. Her 14 outstanding grades earned her a scholarship to 15 Marymount College in Tarrytown; and 16 "WHEREAS, An English major, 17 Geraldine A. Ferraro transferred to Marymount 18 College Manhattan, where she was an athlete as 19 well as editor of her school newspaper. She 20 won numerous honors before graduating from 21 1956; and 22 "WHEREAS, After graduating, 23 Geraldine A. Ferraro taught in a public grade 24 school in Queens. She later applied to 25 Fordham Law School and was admitted to its

Candyco Transcription Service, Inc. 1 night school, where she was one of two women 2 to graduate in a class of 179 students. This 3 exceptional scholar received her law degree in 4 1960; and 5 "WHEREAS, Geraldine A. Ferraro 6 married John Zaccaro on July 16, 1960, two 7 days after she passed her bar exam, but kept 8 her maiden name professionally to honor her 9 mother. For the first 13 years of her 10 marriage, Geraldine devoted herself mainly to 11 her growing family, but also did legal work 12 for her husband's business, worked pro bono 13 for women in Family Court, and participated in 14 local politics; and 15 "WHEREAS, In 1970, she was elected 16 to esteemed position of president of the 17 Queens County Women's Bar Association. Four 18 years later, she began work with her cousin, 19 District Attorney Nicholas Ferraro, as an 20 assistant district attorney in Queens, 21 New York; and 22 "WHEREAS, The following year she 23 transferred to the Special Victims Bureau and 24 quickly earned a reputation for tenacity and 25 talent in the courtroom. Geraldine A. Ferraro

Candyco Transcription Service, Inc. 1 later credited her work in the Special Victims 2 Bureau, investigating rape, crimes against the 3 elderly, child abuse and domestic violence 4 with changing her political views from 5 moderate to liberal; and 6 "WHEREAS, In 1978 Geraldine A. 7 Ferraro won a three-way Democratic primary to 8 replace Congressman James J. Delaney of 9 Queens, before winning the general election 10 campaign; and 11 "WHEREAS, As a Congresswoman, 12 Geraldine A. Ferraro successfully advocated 13 for improved mass transit around LaGuardia 14 Airport and increased economic opportunities 15 for women. Those efforts quickly propelled 16 her to prominence within the Democratic Party, 17 leading to her appointment as chairwoman of 18 the 1984 Democratic Platform Committee; and 19 "WHEREAS, Geraldine Anne Ferraro 20 was the 1984 vice presidential nominee 21 alongside presidential candidate Walter F. 22 Mondale. Although unsuccessful, her candidacy 23 blazed a trail for generations of female 24 politicians of all backgrounds and of all 25 levels of government; and

Candyco Transcription Service, Inc. 1 "WHEREAS, In 1992, Geraldine A. 2 Ferraro returned to politics, narrowly losing 3 a Democratic primary for Senate to Robert 4 Abrams. She ran again in 1998 but lost to 5 Charles E. Schumer; and 6 "WHEREAS, Geraldine A. Ferraro 7 served as ambassador to the United Nations 8 Human Rights Commission during the Clinton 9 administration and as cohost of the CNN 10 program 'Crossfire' from 1996 to 1998. She 11 was also the author of numerous books and 12 articles; and 13 "WHEREAS, Geraldine A. Ferraro is 14 survived by her loving husband of 50 years, 15 John A. Zaccaro, and her three children and 16 their spouses, Donna Zaccaro Ullman and Paul 17 Ullman, John and Anne Rasmussen Zaccaro, and 18 Laura Zaccaro Lee and Josh Lee, as well as 19 eight grandchildren: Matthew and Natalie 20 Ullman; Elizabeth, Samantha and John Zaccaro; 21 and Daisy, Alexander and Jane Lee; and 22 "WHEREAS, Throughout her career 23 Geraldine A. Ferraro contributed significantly 24 to the quality of life of her constituents and 25 the communities of the State of New York as

Candyco Transcription Service, Inc. 1 well as those throughout the nation. She will 2 be deeply missed and truly merits the grateful 3 tribute of this Legislative Body; now, 4 therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to mourn the 7 death of Geraldine Anne Ferraro, to salute her 8 many accomplishments in bettering her 9 community, state and nation, and to express 10 its deepest condolences to her family; and be 11 it further 12 "RESOLVED, That a copy of this 13 resolution, suitably engrossed, be transmitted 14 to the family of Geraldine Anne Ferraro." 15 ACTING PRESIDENT FLANAGAN: 16 Senator Savino on the resolution. 17 SENATOR SAVINO: Thank you, 18 Mr. President. 19 Geraldine Ferraro was a trailblazer 20 in so many ways. That's already been 21 described in the resolution and in the glowing 22 tributes that have come from people all over 23 the world, from the President of the United 24 States to presidents of other countries, 25 recognizing how important she was.

Candyco Transcription Service, Inc. 1 But for Italian-Americans, she was 2 even more important. In one generation, 3 Geraldine Ferraro became the epitome of the 4 American dream for Italian-Americans. It was 5 the ability to see all of those hopes and 6 desires that Italian immigrants had when they 7 came through Ellis Island, and their belief in 8 that if you came to America you could achieve 9 anything. And in one generation, the daughter 10 of a seamstress and a shop owner not only 11 became an attorney, a teacher, a successful 12 mother, active in her community, a 13 Congresswoman, and then the first female vice 14 presidential candidate on a major party 15 ticket. 16 It is a sense of pride and 17 accomplishment that I know myself, as an 18 Italian-American, is unparalleled -- but also 19 as a young woman to see a woman nominated to 20 vice president was something amazing. I was 21 about 20 years old when Geraldine Ferraro was 22 nominated to be the vice presidential 23 candidate, something I had been led to believe 24 was maybe possible someday in the future that 25 a woman could potentially be the President of

Candyco Transcription Service, Inc. 1 the United States. We haven't quite gotten 2 there yet. But still, Gerry Ferraro was a 3 sense of inspiration and hope for so many of 4 us. 5 I know many of you here actually 6 knew her a lot more personally than I did, you 7 served with her in Queens, and you have your 8 own personal stories, and I'm sure some of you 9 will share them. I didn't have that kind of 10 relationship with her. I looked up to her. 11 And about three years ago, the 12 Italian-American Labor Council established an 13 award in the name of Geraldine Ferraro, and 14 they gave it to me as the first recipient, and 15 she herself presented it to me. It was one of 16 the most proud moments I've ever had. And the 17 following year I think I had the opportunity 18 to give Gerry Ferraro's award to Joe Addabbo. 19 And I know many people will accept that award 20 going forward. 21 Geraldine Ferraro was an amazing 22 woman and a trailblazer in a lot of ways. But 23 for an Italian-American girl who came from 24 Astoria, the same neighborhood that she 25 represented, she will forever be a life of

Candyco Transcription Service, Inc. 1 inspiration to me and thousands of other young 2 women. 3 Thank you, Mr. President. 4 ACTING PRESIDENT FLANAGAN: Thank 5 you, Senator Savino. 6 Senator Smith on the resolution. 7 SENATOR SMITH: Thank you very 8 much, Mr. President. 9 Let me thank my colleague Senator 10 Savino for bringing this resolution for such 11 an amazing young lady to the floor of the 12 Senate. 13 I don't know, because we do it 14 every day, if everyone understands the 15 significance of a resolution coming to the 16 floor of the Senate, meaning that we as a body 17 will pause our legislative deliberation to 18 bear respects to someone. And that a 19 resolution is not something, although we do it 20 on this floor, that is done very lightly. 21 Doing this resolution for Geraldine 22 Ferraro, who I knew personally, I think is a 23 tribute to her and her family. I had the 24 opportunity to be a part of her national team 25 as she ran for vice president. And as I

Candyco Transcription Service, Inc. 1 traveled around the country with her -- I did 2 five different states with her -- this was an 3 amazing woman. Someone who, no matter how 4 much the press, no matter how much people 5 revered her, she was a common person. She 6 would always say to us, "Stay connected to 7 people." 8 I can remember one time, it was in 9 Illinois, and we had set up a line for her to 10 begin to greet people after her speech and, as 11 we would do, to try to get the best and the 12 most prestigious, if you will, group of 13 individuals together so that she could greet 14 them on her way out. As we got to the door, 15 she immediately turned to the left and went to 16 everyone that was not on the line and went to 17 the everyday, common person. 18 And I think that says a lot about 19 her. While she was clearly running for vice 20 president, it was clear that she was, one, 21 independent and, two, never wanted to forget 22 the regular people. 23 I also remember another time when I 24 was in her home in Forest Hills Gardens and 25 her neighbors were a little bit concerned

Candyco Transcription Service, Inc. 1 because, you know, if you're running for vice 2 president there are a number of people that 3 travel with you and you have a long entourage, 4 if you will. I recall her making the entire 5 entourage -- with the Secret Service, who went 6 berserk -- off the street, made them park 7 three blocks away from her house because she 8 felt that to disrupt her neighborhood just 9 because she was running for vice president was 10 not the right thing to do. That's the kind of 11 person that she was. 12 So I want to thank you, Diane, 13 because this was an amazing woman. And yes, 14 she broke barriers for women. And yes, Diane, 15 a woman will be president of these United 16 States at some point, and I believe at some 17 point in the future near to be said. 18 But more importantly, I just want 19 you to know this was a woman who loved this 20 country, she loved this state, she loved 21 New York City, and she loved all the people 22 within it. 23 Thank you very much, Mr. President. 24 ACTING PRESIDENT FLANAGAN: Thank 25 you, Senator Smith.

Candyco Transcription Service, Inc. 1 Senator Liz Krueger on the 2 resolution. 3 SENATOR LIZ KRUEGER: Thank you, 4 Mr. President. I also just want to stand to 5 recognize the amazing woman, Gerry Ferraro, 6 that we lost. 7 She started her life, as you heard, 8 in Queens. She ended her life as a 9 constituent of mine on the East Side of 10 Manhattan and actually had her college career 11 at Marymount College on the East Side of 12 Manhattan. 13 And I didn't get to travel the 14 country with her, as Senator Smith did, but 15 she spoke often in her later years on behalf 16 of women who were running for elected office 17 and to support the concerns of women and their 18 families. And I had quite a few opportunities 19 to be a speaker with Ms. Ferraro at various 20 events, talking to other young women, hearing 21 her talk about what an important role women 22 must play in the American political process 23 and in their family lives. 24 And I think that sometimes it is 25 said about women we can do it all, just maybe

Candyco Transcription Service, Inc. 1 not at the same time. And I think that what 2 people will remember Ms. Ferraro for long 3 after she's gone is that actually she was a 4 trailblazer and also showed us how women can, 5 in fact, try to do it all -- with grace, with 6 dignity, with warmth, and with never 7 forgetting her humanity. And really what a 8 wonderful New Yorker she was for all of us. 9 Thank you, Mr. President. 10 ACTING PRESIDENT FLANAGAN: Thank 11 you, Senator Krueger. 12 Senator Stavisky on the resolution. 13 SENATOR STAVISKY: Thank you, 14 Mr. President. 15 This was Women's History Month. 16 And certainly Gerry Ferraro was a part of 17 our -- not our county's history but our 18 nation's history. 19 The first time I met Gerry Ferraro 20 was when she chaired the platform committee 21 for the national convention that was going to 22 take place in San Francisco. And indeed, I 23 was a delegate to that convention from Queens 24 County. And who can forget the picture, the 25 sight of Gerry Ferraro in a white suit

Candyco Transcription Service, Inc. 1 accepting the nomination as vice presidential 2 candidate. 3 She was a warm, friendly person, 4 down to earth. And she will be certainly 5 missed, but also somebody -- as somebody who 6 has shown women and in fact shown everybody 7 this is not -- I hate to say this, but this is 8 not really a women's issue. She was a 9 national candidate whom everybody, everybody 10 can be very proud that she was the first one. 11 So I thank you, Senator Savino, for 12 introducing this resolution. And our 13 condolences go to John Zaccaro and her family 14 on their loss. 15 Thank you. 16 ACTING PRESIDENT FLANAGAN: Thank 17 you, Senator Stavisky. 18 Senator Stewart-Cousins on the 19 resolution. 20 SENATOR STEWART-COUSINS: Yes, 21 thank you, Mr. President. 22 I also wanted to rise. I thank 23 Senator Savino for recognizing the greatness 24 of Geraldine Ferraro. 25 I had the opportunity to meet her

Candyco Transcription Service, Inc. 1 during the time she -- well, actually, it was 2 election night. I was a journalism student at 3 night, raising my kids, and for the paper it 4 was to cover the outcome of the election. And 5 there I was, with all the national media and 6 Gerry, who had obviously lost. And it was 7 just such a thrill. I'm sure that it planted 8 a seed in terms of what women could do and how 9 her being there at that moment was a ripple 10 effect not only through the nation but 11 globally. 12 But yet as she lost, she lost with 13 such a sense of grace and such a sense of 14 pride, and you knew that there was no way that 15 actually this woman had lost at all. And I 16 remember the headline for the paper, it was 17 Pace University at the time, was "Gerry Loses 18 Like a Winner." 19 The next time I saw her when was 20 when I was running for Senate, 2006, when 21 Gerry decided that it would be fine for her to 22 come and campaign for me. So I am one of 23 those women who she helped. 24 She came, we didn't go to any great 25 place, we went to a church penny social, and

Candyco Transcription Service, Inc. 1 she wandered through every aisle, commenting 2 on the goods, meeting people, greeting people, 3 making them know that she was totally there 4 and that whatever she was doing, as long as 5 she was with the people, she was just fine. 6 I will miss the influence that she 7 had on our lives. I will miss the personal 8 opportunity that I had. But I also am very, 9 very happy that I was able to experience the 10 grandeur of such a gracious political woman. 11 And again, certainly my condolences 12 to her family. 13 ACTING PRESIDENT FLANAGAN: Thank 14 you, Senator Stewart-Cousins. 15 Senator Little on the resolution. 16 SENATOR LITTLE: Thank you, 17 Mr. President. 18 I never had the honor or privilege 19 of meeting Gerry Ferraro, but I've truly 20 admired her as a person who worked hard, was 21 truly committed to her family, to her 22 profession, to her constituents, and reached 23 heights that we all would like to reach 24 someday. 25 But she really was a trailblazer

Candyco Transcription Service, Inc. 1 and someone that I admired. I enjoyed 2 watching her on Fox News, which she was a 3 guest on frequently and certainly had her take 4 on all the political events that were taking 5 place here. 6 Her untimely death is really sad 7 and is truly a loss to her family and to all 8 of us. And I think we would all agree that 9 Gerry Ferraro is truly a New York "Woman of 10 Distinction." 11 Thank you. 12 ACTING PRESIDENT FLANAGAN: Thank 13 you, Senator Little. 14 Senator Savino will be opening the 15 resolution for -- excuse me. Senator 16 Hassell-Thompson, I apologize. 17 Senator Hassell-Thompson on the 18 resolution. 19 SENATOR HASSELL-THOMPSON: Thank 20 you, Mr. President. 21 I would be remiss as one of the 22 women in this chamber who did not speak on 23 behalf of Geraldine Ferraro as well as the 24 work that she did on behalf of everyone in the 25 State of New York. But more than that, I

Candyco Transcription Service, Inc. 1 think she had a special place for women. We 2 marched in a parade one year in the City of 3 Mount Vernon, but she came. Wherever there 4 was good politics, that's where she could be 5 found. 6 And we marched in this parade and I 7 remember us being totally drenched. My suit 8 shrunk. That was one of my less expensive 9 suits that day, thank goodness. But our shoes 10 were filled with water. But I had never seen 11 anyone who just had such a capacity for joy. 12 I mean, as wet as we were, and we waved to 13 people and we stopped, we were one of those 14 paraders that we stopped and talked to people 15 on the left and on the right, give out flags. 16 And the rain just did not deter her at all. 17 The very last time I saw her was at 18 a women's conference. She had come to speak. 19 And she was so powerful. I mean, even though 20 her body was weakened, her spirit was as 21 strong as ever. And the things that she said 22 to encourage us as women, as somebody who had 23 lived through the beginning of what I call the 24 downturn in real journalism, how the press 25 beat her up and allowed themselves to just --

Candyco Transcription Service, Inc. 1 tried to vilify her as an upstanding human 2 being who really cared about governance, who 3 really cared about good government. 4 And I've always felt that she was 5 probably one of the most powerful, influential 6 women of her time in terms of the way in which 7 she touched the hearts of the people, even 8 people who had never met her before found a 9 pleasure in being in her company. And I 10 listened to the way people described how she 11 was in a crowd. And I've never seen crowds 12 light up the way they did whenever she 13 campaigned. 14 So we will all miss her 15 tremendously. But those of us as women who 16 have had the opportunity to just be up close 17 and personal, touch her, be a part of her 18 influence, will miss her a great deal more. 19 Thank you, Mr. Chairman. And thank 20 you, Diane, for this resolution. 21 ACTING PRESIDENT FLANAGAN: Thank 22 you, Senator Hassell-Thompson. 23 The question is on the resolution. 24 All those in favor signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT FLANAGAN: The 5 resolution is adopted. 6 Senator Savino has opened the 7 resolution for cosponsorship. Should anyone 8 wish to not be on the resolution, please 9 notify the desk. 10 Senator Libous. 11 SENATOR LIBOUS: Mr. President, 12 could I ask my colleagues to please rise in a 13 moment of silence for Congresswoman Ferraro. 14 (Whereupon, the assemblage 15 respected a moment of silence.) 16 ACTING PRESIDENT FLANAGAN: 17 Senator Libous. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 There's another privileged 21 resolution at the desk, by Senator Gallivan. 22 May we please have it read in its entirety and 23 call on Senator Gallivan before we move for 24 its adoption, please. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 Secretary will read. 2 THE SECRETARY: Legislative 3 resolution by Senators Gallivan, Grisanti, 4 Ranzenhofer and Maziarz, mourning the tragic 5 and untimely death of New York State Trooper 6 Kevin P. Dobson on Sunday, March 27, 2011. 7 "WHEREAS, It is the sense of this 8 Legislative Body to convey its grateful 9 appreciation and heartfelt regret in 10 recognition of the loss of a courageous police 11 officer who dedicated his purposeful life and 12 career in faithful service to his family, 13 community, and the New York State Police; and 14 "WHEREAS, It is with profound 15 sadness that this Legislative Body records the 16 passing of New York State Trooper Kevin P. 17 Dobson, who made the ultimate sacrifice on 18 Sunday, March 27, 2011, while faithfully 19 executing his responsibilities serving with 20 dedication, loyalty and compassion, and who 21 devoted his purposeful life and career to 22 serve and protect; and 23 "WHEREAS, A 14-year veteran of the 24 New York State Police, 43-year-old Kevin P. 25 Dobson of Buffalo, New York, was assigned to

Candyco Transcription Service, Inc. 1 the Clarence Trooper Barracks; and 2 "WHEREAS, Trooper Kevin P. Dobson 3 lived his life with great dignity and genuine 4 grace, always demonstrating a deep and 5 continuing concern for the welfare of others 6 and the great State of New York; and 7 "WHEREAS, Trooper Kevin P. Dobson 8 is survived by his father, Richard Dobson, who 9 is retired from the Erie County Sheriff's 10 Department; his girlfriend, three children, 11 and her child; and 12 "WHEREAS, Armed with a humanistic 13 spirit, imbued with a sense of compassion, and 14 comforted by a loving family, Trooper Kevin P. 15 Dobson leaves behind a legacy which will long 16 endure the passage of time and will remain as 17 a comforting memory to all he served and 18 befriended. He will be deeply missed and 19 truly merits the grateful tribute of this 20 Legislative Body; now, therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to mourn the 23 untimely death of New York State Trooper Kevin 24 P. Dobson, noting the significance of his 25 contributions on behalf of the citizens of

Candyco Transcription Service, Inc. 1 this noble Empire State and expressing its 2 deepest condolences to his family; and be it 3 further 4 "RESOLVED, That a copy of this 5 resolution, suitably engrossed, be transmitted 6 to the family of Trooper Kevin P. Dobson." 7 ACTING PRESIDENT FLANAGAN: 8 Senator Gallivan on the resolution. 9 SENATOR GALLIVAN: Thank you, 10 Mr. President. 11 I rise today to honor Trooper Kevin 12 P. Dobson. Trooper Dobson was born in Buffalo 13 in 1967. He graduated from Iroquois Central 14 High School -- which is the district in which 15 I live and where my children attend -- in 16 Elma, and went on to further his education at 17 Erie Community College. 18 I served a short time in the State 19 Police with Kevin as he began his career in 20 the State Police on April 30, 1997. He worked 21 out of many areas of the state, throughout my 22 district, throughout the districts of many 23 other of our colleagues in Western New York, 24 serving hundreds of thousands of citizens in 25 an effort, of course, to keep our communities

Candyco Transcription Service, Inc. 1 safe. 2 His last assignment was on the 3 interstate patrol out of Clarence, and it was 4 there he met his tragic passing, his tragic 5 demise, serving the community. 6 He was a leader in drug 7 interdiction, arrests and enforcement. He 8 volunteered to work in the most dangerous 9 parts of our state as part of Operation 10 Impact, an initiative that many in this house 11 have supported over the years. He was a field 12 training officer responsible for training new 13 troopers. 14 He also, on his own, pursued 15 training and became a child seat technician, 16 installed hundreds of child safety seats for 17 parents and families in Western New York. In 18 his off-duty time, he volunteered to support 19 and help and serve the Special Olympics. 20 He's received numerous 21 commendations throughout his career and was 22 the Public Safety Officer of the Year in 2007 23 recognized by the Knights of Columbus in Erie 24 County. 25 Kevin was the type of public

Candyco Transcription Service, Inc. 1 servant all public servants should aspire to 2 be. We should all be rightly proud of and 3 grateful for his service. The entire Western 4 New York community, the law enforcement 5 community, the entire New York State community 6 has suffered a tremendous loss this past 7 weekend. Our thoughts and prayers are with 8 the Dobson family, especially his children and 9 his father, the rightly proud retired 10 Lieutenant Richard Dobson of the Erie County 11 Sheriff's Office, whom I also had the high 12 honor of serving with during my tenure as 13 sheriff of Erie County. 14 The New York State Police, Erie 15 County Sheriff's Office, law enforcement 16 officers across the state, across the nation 17 are a family, just as all of those who serve 18 the public are part of a larger family. When 19 we lose one of our own, all of us here today 20 included, we suffer, we grieve and hopefully 21 move forward together. While nothing can be 22 done to fill this sudden void in our hearts 23 and the hearts of the Dobson family, I can 24 assure them today that they do not mourn 25 alone.

Candyco Transcription Service, Inc. 1 I'd like to thank all of my 2 colleagues here today as together we mourn the 3 untimely death of New York State Trooper Kevin 4 P. Dobson, as we note the significance of his 5 contributions on behalf of the citizens of 6 this great state, and as we pass on our 7 deepest condolences to Kevin Dobson's family. 8 Thank you, Mr. President. 9 ACTING PRESIDENT FLANAGAN: Thank 10 you, Senator Gallivan. 11 Senator Adams on the resolution. 12 SENATOR ADAMS: Thank you. And I 13 want to thank the Senator for introducing this 14 resolution. 15 And I just also want to also join 16 my voice to Kevin and this loss and what the 17 entire State Trooper family feels when they 18 lose a member of their department and we as a 19 member of the state lose a person who's 20 serving the public in this magnitude. 21 We lost two officers, one on 22 Long Island and one in New York City. And 23 there's no call of service that's a simple 24 call of service. The officer in New York City 25 was responding to a domestic violence incident

Candyco Transcription Service, Inc. 1 when he was pushed over the rail and he struck 2 his head and he was killed. And as with 3 Officer Dobson, Officer Dobson was responding 4 to what one would consider a routine car stop 5 when he was struck. 6 So there is no routine assignment 7 for an officer. And I recall throughout my 8 career in law enforcement, just from time to 9 time when my brother was injured, who followed 10 me into law enforcement, your family never 11 really get over it. They never really rest 12 until the career is concluded. 13 And from time to time we stop and 14 we pause in this chamber when a state trooper 15 or member of the law enforcement community was 16 a victim of some form of violence. And by 17 doing so today, of acknowledging the life of 18 Officer Dobson, we're saying how much we do 19 value and how much we appreciate our men and 20 women who adorn the various uniforms in law 21 enforcement throughout the city. 22 I recall on September 11th when the 23 two planes took down our towers and how many 24 officers, although they were stunned, although 25 they were afraid, although they were concerned

Candyco Transcription Service, Inc. 1 about their families, there was a level of 2 uncertainty of what the city and state was 3 going through. And they responded. And our 4 state troopers, our police officers, our 5 sheriffs all continue to respond. They don't 6 decide if they're going to respond if you're a 7 Democrat or Republican, they respond because 8 it's the right thing to do. 9 And Officer Dobson is a signal of 10 what's great about our law enforcement 11 community. And we should keep them in mind 12 when we make laws, pass laws or ensure that 13 our laws will continue to protect those who 14 protect us. We sleep comfortably in this 15 state because we have some of the finest law 16 enforcement men and women in the entire 17 country. 18 And I thank the Senator for 19 introducing this resolution, and I hope we all 20 will realize the importance of the duty and 21 the roles of the Officer Dobsons throughout 22 the State of New York. 23 Thank you, Mr. President. 24 ACTING PRESIDENT FLANAGAN: Thank 25 you, Senator Adams.

Candyco Transcription Service, Inc. 1 The question is on the resolution. 2 All those in favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT FLANAGAN: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT FLANAGAN: The 8 resolution is adopted. 9 Senator Gallivan has also opened 10 that resolution for cosponsorship. If anyone 11 would like not to be on that resolution, 12 please notify the desk. 13 Senator Libous. 14 SENATOR LIBOUS: Mr. President, 15 could I again ask my colleagues to join me in 16 a moment of silence for Trooper Kevin Dobson, 17 who gave his life in the line of duty for the 18 taxpayers of this state. 19 (Whereupon, the assemblage 20 respected a moment of silence.) 21 ACTING PRESIDENT FLANAGAN: 22 Senator Libous. 23 SENATOR LIBOUS: Mr. President, 24 there will be an immediate meeting of the 25 Finance Committee, followed by an immediate

Candyco Transcription Service, Inc. 1 meeting of the Rules Committee in Room 332. 2 The Senate will remain at ease 3 until those meetings are completed. 4 ACTING PRESIDENT FLANAGAN: The 5 Senate stands at ease. 6 (Whereupon, the Senate stood at 7 ease at 6:51 p.m.) 8 (Whereupon, the Senate reconvened 9 at 7:41 p.m.) 10 SENATOR LIBOUS: Mr. President. 11 ACTING PRESIDENT FLANAGAN: The 12 Senate will come to order. 13 Senator Libous. 14 SENATOR LIBOUS: Mr. President, I 15 believe there's a report of the Finance 16 Committee at the desk. 17 ACTING PRESIDENT FLANAGAN: The 18 Secretary will read. 19 THE SECRETARY: Senator 20 DeFrancisco, from the Committee on Finance, 21 offers the following nomination. 22 As a trustee of the New York State 23 Power Authority, John S. Dyson, of Millbrook. 24 ACTING PRESIDENT FLANAGAN: 25 Senator DeFrancisco.

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: Yes, I 2 proudly rise to move the nomination of John S. 3 Dyson, of Millbrook, for a trustee of the 4 New York State Power Authority, term to expire 5 in May of 2015. 6 I would like to state publicly 7 that, number one, this was an incredible 8 nomination by the Governor. 9 But even more importantly, that a 10 man who has served his country and served the 11 State of New York and the City of New York 12 with such distinction at this time in his life 13 would be willing to come back and give even 14 some more to the State of New York is truly an 15 admirable thing. And we are very, very 16 fortunate that Mr. Dyson is willing to 17 continue to serve at this critical time in 18 New York State history. 19 And I'm proud to move his 20 nomination and request that, Mr. President, 21 you recognize Senator Maziarz, the chairman of 22 the Energy Committee, to second the 23 nomination. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Maziarz, on the nomination.

Candyco Transcription Service, Inc. 1 SENATOR MAZIARZ: Thank you very 2 much, Mr. President. Thank you, Senator 3 DeFrancisco. I rise to second this 4 nomination. 5 I thought it was rather noteworthy 6 that Governor Cuomo, the first nominee that he 7 sent up for confirmation outside of the 8 commissioner level, was a nominee to the board 9 of trustees of the New York Power Authority, 10 and that nominee was Mr. Dyson. 11 I have to admit to you, 12 Mr. President, I had never met John Dyson, 13 really do not know much about him at all. I 14 know he was very well acquainted with my 15 predecessor here in the Senate, former 16 Senator, late Senator John Daly. 17 But I do have to say that in 18 meeting personally with Mr. Dyson, he 19 certainly has a great knowledge of energy 20 issues, of issues affecting the New York Power 21 Authority. Mr. Dyson extended every courtesy 22 to myself as chair, to Senator Parker, the 23 ranking member, and to all members of the 24 Energy Committee in meeting with us 25 individually to talk about his background and

Candyco Transcription Service, Inc. 1 his vision for the New York Power Authority. 2 And I have to say, Mr. President, 3 that Mr. Dyson truly understands, I think, the 4 fact that the Power Authority, although it is 5 a state authority and many times in the 6 executive branch and in the legislative branch 7 is thought of as the statewide entity, that 8 the Power Authority generates almost all of 9 its revenue in really two areas: St. Lawrence 10 County and Niagara County. 11 And I know that I am joined by my 12 colleagues Senator Griffo and Senator Ritchie 13 in bringing the problems of those two areas, 14 Western New York and the North Country, before 15 Mr. Dyson. He truly understands them even 16 though he lives in downstate New York. 17 Just this week we saw the census 18 numbers come out, and the areas that had lost 19 the most population were the City of Buffalo 20 and the City of Niagara Falls in Western 21 New York. And they lose population not 22 because it's not a great place to live, not 23 because it's not a great place to raise your 24 family. As I have said many times on the 25 floor of this Senate, in the City of Niagara

Candyco Transcription Service, Inc. 1 Falls -- an area that I do not represent -- 2 but in the City of Niagara Falls there are six 3 elementary schools. In four of those six 4 elementary schools 94 percent, 94 percent of 5 the kids live below the federal poverty level. 6 These are kids in kindergarten 7 through the sixth grade. They don't choose to 8 live in poverty. They live in poverty for the 9 same reason that the population in Buffalo and 10 Niagara Falls is declining at such a rapid 11 rate, because their parents don't have jobs, 12 because there are not economic opportunities 13 for people to make a decent living in Western 14 New York. 15 And juxtapose that with the fact 16 that just down the road, just down the road is 17 the largest producer of hydroelectricity in 18 the northeastern United States of America. 19 And the best use -- and John Dyson 20 understands that the best use, the best way to 21 create economic opportunities and create jobs 22 is by utilizing hydropower. 23 This is an excellent nominee that 24 the Governor gave to us. I'd have to say if I 25 had just one qualification, John, I wish that

Candyco Transcription Service, Inc. 1 you were from Niagara County, because Niagara 2 County more than anything deserves a seat on 3 the board of trustees of the Power Authority. 4 But, Mr. President, I think this is 5 an excellent nomination that the Governor 6 made. And I would urge all of my colleagues 7 to join me and the members of the Energy 8 Committee, which unanimously supported this 9 nominee. 10 Thank you, Mr. President. 11 ACTING PRESIDENT FLANAGAN: Thank 12 you, Senator Maziarz. 13 Senator Nozzolio on the nomination. 14 SENATOR NOZZOLIO: Thank you, 15 Mr. President. 16 Mr. President and my colleagues, I 17 echo the sentiments and the support given to 18 John Dyson by my colleagues in articulating 19 his strength of character, his service to his 20 state and nation, and that complimenting 21 Governor Cuomo on this nomination. Because it 22 is through this nomination that we'll see a 23 tremendous intersection, an intersection of 24 Mr. Dyson's experience as former agriculture 25 commissioner and commerce commissioner, those

Candyco Transcription Service, Inc. 1 two important elements now sandwiched around 2 energy. 3 Energy, with agriculture, is key to 4 the development of upstate and particularly 5 Central and Western New York. That 6 agriculture is our number-one industry in this 7 state. It is not given that type of 8 credential enough by state government and by 9 the general public. Many jobs are the result 10 of agriculture. And agri-energy, when we hear 11 about alternative energies, agri-energy is 12 forefront in the support and development of 13 alternative energy. 14 Mr. Dyson's background and 15 education as first a student at Cornell and 16 most recently as a trustee of that fine 17 university again brings him full circle with 18 agriculture, agriculture research, and having 19 energy now with his responsibilities as chair 20 of the Power Authority to meet that 21 intersection, to grow jobs for our state, to 22 continue to move us forward. And that I look 23 forward to working with Chairman Dyson in this 24 very important capacity. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Thank 2 you, Senator Nozzolio. 3 Senator Saland on the nomination. 4 SENATOR SALAND: Thank you, 5 Mr. President. 6 I too rise to second the nomination 7 of John Dyson, a gentleman who I've known for 8 decades, as I have his family. I'm proud that 9 he and his family call Dutchess County their 10 home. 11 I was looking at his bio. And I 12 certainly know a lot about John and his 13 brother Rob as well. And it starts off rather 14 succinctly and says "John Dyson has had a 15 successful career in government, business, 16 vineyard and winery management, and charitable 17 activities." And if ever I saw an 18 understatement, that was truly the 19 understatement of all understatements. 20 John has the good fortune of not 21 only being a gifted person, a talented person, 22 a person who regardless of what endeavor he 23 has pursued, whatever he does, he manages to 24 do well. Whether it's earning a Bronze Star 25 serving his country during Vietnam, whether it

Candyco Transcription Service, Inc. 1 was as an ag commissioner who started the 2 Grown in New York program or the commissioner 3 of commerce and the I Love New York program. 4 I don't profess to have but an iota 5 of the knowledge that our colleague Senator 6 Maziarz has about energy issues, nor that 7 Mr. Dyson has about energy issues, but I rest 8 comfortably knowing that he's been there and 9 done that for some six years, both under 10 former Governors Carey and shall I say Cuomo 11 One. 12 I commend Cuomo Two, Governor 13 Andrew Cuomo, for this appointment. It's a 14 sterling appointment. He has certainly, in 15 the private sector, risen to the top. In the 16 public sector he has risen to the top. And he 17 and his family -- and incidentally, I should 18 mention, I made mention of his brother Rob. 19 We all know how critically important energy is 20 to economic development. Well, his brother 21 Rob, also serving as magnanimously for a lack 22 of compensation, is as John, is on the board 23 of directors of the Empire State Development 24 Corp., also trying to better New York's 25 economic environment, trying to bring his

Candyco Transcription Service, Inc. 1 experience in the business world to people 2 from one end of New York State to another. 3 But I couldn't rise in support of 4 the nominee without mentioning all the 5 wonderful things that the Dyson Foundation has 6 done over the course of however many years, 7 initially I think first in Dutchess County and 8 then throughout the Hudson Valley, really 9 contributing millions upon millions of dollars 10 to the betterment of the quality of life in a 11 host of different areas, in a host of 12 different venues. Truly a reflection of the 13 selflessness, of the dedication, of the 14 commitment, both morally, financially and 15 intellectually, to the well-being of 16 communities throughout this state and to the 17 betterment of our state. 18 I thank the Governor for affording 19 us the opportunity to confirm John, and I rest 20 comfortably knowing that he will do a superb 21 job for all of the people of the State of 22 New York and bring all of his extraordinarily 23 capable talents to performing for all of us. 24 So thank you, John, and I wish you 25 well.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: Thank 2 you, Senator Saland. 3 Senator Kennedy on the nomination. 4 SENATOR KENNEDY: Thank you, 5 Mr. President. 6 I want to stand and congratulate 7 Mr. John Dyson on his nomination and 8 ultimately his confirmation today. I want to 9 thank the chair of the Energy Committee, 10 Senator Maziarz, for affording the committee 11 the opportunity to meet privately with 12 Mr. Dyson prior to the hearing within the 13 Energy Committee for the confirmation there. 14 It was in this meeting that I got 15 to meet Mr. Dyson for the first time and hear 16 about his history, his expertise, his 17 knowledge and his talents and how he's given 18 of himself to this state, to this world, to 19 his country, having served this country 20 admirably and honorably back in wartime. 21 And in giving of himself as a 22 public servant, he has served this state. And 23 part of what he discussed with us privately 24 was his dedication to economic development and 25 his acknowledgment of his position as a

Candyco Transcription Service, Inc. 1 trustee within the New York Power Authority 2 and his ability to use his influence to grow 3 jobs. 4 And it was in his history of 5 working in New York State government where 6 Mr. Dyson came to Western New York, where 7 Dunlop Tire, 2,000 jobs were on the chopping 8 block. He came into Western New York, sat 9 down with the administration of Dunlop Tire 10 years ago, decades ago, sat down with 11 government officials, figured out what was 12 necessary in order to keep 2,000 jobs in 13 Western New York, sustain those jobs and 14 ultimately grow those jobs. 15 That was decades ago. But 16 unfortunately we across the state, whether in 17 Western New York, upstate New York, New York 18 City or Long Island, are often faced with the 19 same set of circumstances, and we're going to 20 need someone like Mr. John Dyson who gets it 21 on a very grassroots level, who's willing to 22 do the work, who's willing to work with 23 government officials, who's willing to use his 24 influence on the Power Authority to work with 25 whoever it takes to bring jobs and opportunity

Candyco Transcription Service, Inc. 1 to the people of New York State. 2 I commend you on your history, on 3 your talents, on your resume, and on your 4 confirmation. And I'm proud and honored to 5 vote in the affirmative today. 6 Thank you. 7 ACTING PRESIDENT FLANAGAN: Thank 8 you, Senator Kennedy. 9 Senator Seward on the nomination. 10 SENATOR SEWARD: Yes, thank you, 11 Mr. President. 12 I am very pleased to join my 13 colleagues in rising and congratulating the 14 Governor on this outstanding nomination of the 15 John Dyson to be a trustee of the New York 16 State Power Authority and to be among those 17 who are welcoming John Dyson back to state 18 service. 19 Without question, the New York 20 State Power Authority is a tremendous asset 21 for the people of the State of New York, 22 helping us with the full spectrum of 23 energy-related services, from the generation 24 of electricity on one end to the actual 25 conservation and energy efficiency programs on

Candyco Transcription Service, Inc. 1 the other, all very important to the people of 2 our state. 3 As others have pointed out, and we 4 cannot say it enough, the Power Authority is a 5 real key to our economic development job 6 creation initiatives as a state. And with 7 John Dyson's involvement at the Power 8 Authority, that's going to mean some good 9 things, not only for the authority, but it 10 will mean good things for our economic 11 development and job creation future here in 12 the State of New York. 13 Schoharie County in the 51st 14 Senatorial District is the proud home of the 15 Blenheim-Gilboa Generating Facility. Nowhere 16 near on the scale of Niagara Falls, but still, 17 to those of us in Schoharie County, we're very 18 proud to have that facility. It is important, 19 makes an important contribution to the Power 20 Authority. But also the fact that it is in 21 that rural county, that makes a very 22 significant contribution to our local economy. 23 So we're very, very pleased with 24 this nomination. I'm very pleased to stand to 25 support the confirmation of John Dyson as a

Candyco Transcription Service, Inc. 1 trustee of the New York Power Authority. 2 Thank you, Mr. President. 3 ACTING PRESIDENT FLANAGAN: Thank 4 you, Senator Seward. 5 Senator Perkins on the nomination. 6 SENATOR PERKINS: Thank you very 7 much. 8 I'm not going to be able to support 9 this nomination. I know that this individual 10 has some commendable credentials with regard 11 to the appointment. However, there's some 12 history that I'm familiar with in terms of 13 when he was with New York City, under the 14 Giuliani administration, some very racially 15 insensitive and inflammatory instances in 16 which he was a part of. 17 And so at this point I'm not going 18 to be voting for this nomination. Thank you. 19 I vote no -- nay. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Perkins, thank you. 22 Senator Oppenheimer on the 23 nomination. 24 SENATOR OPPENHEIMER: Well, I'm 25 very enthusiastic about the nomination. And

Candyco Transcription Service, Inc. 1 like many of us here who have been serving for 2 quite a while, we have voted for John Dyson on 3 many, many times, many opportunities. And he 4 has always fulfilled the work that he has to 5 do for New York State to the best of his 6 ability, which is far and away better ability 7 than most people. 8 So for his dedication and for the 9 fact that he is willing to come back and serve 10 once again, after having served so many times, 11 I think it is quite a remarkable commitment to 12 public service. 13 And also John has said that he is 14 willing to work to look at the Indian point 15 nuclear power plant and to discuss and look 16 for alternative energies, clean energies of 17 solar and wind and water. And these are very 18 important to us. Ever since the Fukushima 19 plant problem in Japan, and because of our 20 concern about what has happened there, we are 21 really serious in trying to look at 22 alternatives for the plant that exists now. 23 So my thanks to him for his 24 interest in this and also in the interest of 25 conservation, which is very dear to my heart,

Candyco Transcription Service, Inc. 1 and for his willingness to commit again, yet 2 again to service to New York State. Thank 3 you. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Diaz on the nomination. 6 SENATOR DIAZ: Thank you, sir. 7 I rise to support -- not to 8 support, to join my colleague from Harlem, 9 Senator Perkins, when he referred to some 10 comments made by Mr. Dyson sometime ago. But 11 Mr. McCauley {ph} didn't mention what was 12 those comments. And I would like to refresh 13 your memories. 14 In 1994, during a dispute between 15 then-Comptroller Alan Hevesi and Mr. Dyson 16 about the rehiring of a company owned by a 17 black woman, Mr. Dyson said the comptroller 18 ought to know the difference between a bid and 19 a watermelon. 20 In another comment, another time, 21 after a newspaper article asked Mr. Giuliani 22 and his chief of staff Peter Powers if they 23 were capable of governing a diverse city, 24 Mr. Dyson wrote in a memo to Mr. Powers that 25 don't worry, "Do not worry, two white guys

Candyco Transcription Service, Inc. 1 have been running this city of immigrants for 2 over 200 years." 3 At another point, after the 4 administration held a cabinet meeting in 5 Staten Island, Mr. Dyson said, suggested that 6 a similar cabinet meeting was unlikely to 7 happen in Harlem. 8 He's a great guy, and he has a 9 great knowledge on energy. I hope that now he 10 has better knowledge and sensibility in 11 humanity. And that he said that Governor 12 Paterson asked him to serve. And people are 13 saying that he's the great guy that's going to 14 save our state. 15 I hope that happens. But I have to 16 join my colleague Senator Perkins from Harlem 17 in voting no. Thank you. 18 ACTING PRESIDENT FLANAGAN: Thank 19 you, Senator Diaz. 20 Senator Marcellino on the 21 nomination. 22 SENATOR MARCELLINO: I waive. 23 ACTING PRESIDENT FLANAGAN: Thank 24 you, Senator Marcellino. 25 The question is on the nomination

Candyco Transcription Service, Inc. 1 of John S. Dyson as a trustee of the Power 2 Authority of the State of New York. All those 3 in favor please signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT FLANAGAN: 6 Opposed, nay. 7 (Response of "Nay.") 8 ACTING PRESIDENT FLANAGAN: Mr. 9 Dyson is hereby confirmed as a trustee for the 10 Power Authority of the State of New York. 11 Mr. Dyson, congratulations. 12 (Applause.) 13 ACTING PRESIDENT FLANAGAN: 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, 16 could we at this time take up the 17 noncontroversial reading of the calendar, 18 please. 19 ACTING PRESIDENT FLANAGAN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 72, by Senator Bonacic, Senate Print 2769B, an 23 act to amend the Vehicle and Traffic Law. 24 ACTING PRESIDENT FLANAGAN: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 4. This 2 act shall take 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 10 140, by Senator Ball, Senate Print 1074, an 11 act to amend the Penal Law. 12 SENATOR BRESLIN: Lay it aside. 13 ACTING PRESIDENT FLANAGAN: The 14 bill is laid aside. 15 Senator Libous, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 Could we now have the controversial 20 reading of the calendar, please. 21 ACTING PRESIDENT FLANAGAN: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 140, by Senator Ball, Senate Print 1074, an 25 act to amend the Penal Law.

Candyco Transcription Service, Inc. 1 SENATOR LIZ KRUEGER: 2 Explanation. 3 ACTING PRESIDENT FLANAGAN: An 4 explanation has been asked for by Senator 5 Liz Krueger. 6 Senator Ball. 7 SENATOR BALL: This bill would 8 amend the Penal Law to create a new crime of 9 the unlawful defilement of a water supply. A 10 person would be guilty of this crime if they 11 intentionally or recklessly placed a defiling 12 agent into a water supply with the intent to 13 cause sickness, physical injury, severe 14 disfigurement or death to another human being. 15 ACTING PRESIDENT FLANAGAN: 16 Senator Krueger, why do you rise? 17 SENATOR LIZ KRUEGER: Thank you. 18 If the sponsor would please yield to a 19 question. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Ball, will you yield to Senator 22 Krueger? 23 SENATOR BALL: Absolutely. 24 ACTING PRESIDENT FLANAGAN: 25 Senator Krueger.

Candyco Transcription Service, Inc. 1 SENATOR LIZ KRUEGER: Thank you, 2 Mr. President. 3 So as I read the bill, if anyone 4 were illegally to defile our water supply 5 through personal action or through violating 6 laws in their business activity, that this law 7 would in fact now apply to them under criminal 8 law; is that correct? 9 SENATOR BALL: Mr. President, 10 as -- you say as you would read. So a person 11 is guilty of unlawful -- and I'll just read 12 directly, as you did. A person is guilty of 13 unlawful defilement of a water supply when he 14 intentionally -- when he or she intentionally 15 introduces, places or causes to be introduced 16 or placed into a water supply a defiling 17 agent. 18 Now, a defiling agent is defined. 19 and it means any chemical, biological or 20 radioactive agent or substance which is 21 capable, when introduced or placed into a 22 water supply, of causing the sickness, 23 physical injury, severe disfigurement or death 24 of a human being. Introduced or placed into a 25 water supply a defiling agent with the intent

Candyco Transcription Service, Inc. 1 to cause the sickness, physical injury, severe 2 disfigurement or death of another human being, 3 or with the reckless disregard of causing the 4 sickness, physical injury, severe 5 disfigurement or death of another human being. 6 So it's either intentionally 7 introduced or with a reckless disregard. 8 SENATOR LIZ KRUEGER: Thank you, 9 Mr. President. 10 On the bill. 11 ACTING PRESIDENT FLANAGAN: 12 Senator Krueger on the bill. 13 SENATOR LIZ KRUEGER: Thank you. 14 I want to thank the Senator for his 15 explanation and tell him I am a big supporter 16 of his bill. I read this bill first when it 17 came through committee, and I thought, oh, 18 finally criminal penalties for companies who 19 knowingly pollute our water. 20 And I've gone through, and I have a 21 pile of cases where we've been able to go 22 after corporations for intentionally and 23 illegally dumping hazardous pollutants in our 24 water system. But so far, it seems, we mostly 25 have been able to go after them under civil

Candyco Transcription Service, Inc. 1 fines and perhaps get a money judgment and 2 perhaps force them to clean up. 3 But with Senator Ball's bill -- and 4 I hope it becomes law very soon -- there will 5 be an opportunity to make it clear that when 6 firms knowingly violate our clean water laws 7 and pollute our water systems and our wells 8 and our groundwater and our reservoirs through 9 knowingly violating our law and knowing that 10 what they will be illegally dumping -- and 11 again, there's almost endless cases on illegal 12 dumping -- that they now can face, or they 13 will, when we pass this law, in fact also face 14 criminal penalties. 15 And I think that will go a long way 16 towards discouraging companies and the 17 individuals who work for them from casually 18 dumping illegal chemicals and products in our 19 water system. So I'm very happy we're passing 20 this bill tonight and certainly encourage all 21 of my colleagues to vote yes. 22 Thank you, Mr. President. 23 ACTING PRESIDENT FLANAGAN: Thank 24 you, Senator Krueger. 25 Is there any other Senator wishing

Candyco Transcription Service, Inc. 1 to be heard? 2 Hearing none, the debate is closed. 3 The Secretary will ring the bell. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT FLANAGAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT FLANAGAN: 12 Senator DeFrancisco to explain his vote. 13 SENATOR DeFRANCISCO: Yes, I'm 14 going to vote yes, but I wanted to clarify a 15 part of the bill, in view of the legislative 16 debate, to show the true legislative intent 17 here. 18 First of all, a defiling agent, 19 according to the bill, does not include a 20 substance introduced by an agricultural or 21 industrial entity as a result of the ordinary 22 lawful operation. So that's got to be clear. 23 And most importantly, unlawful 24 defilement is the defilement of the water 25 supply when someone intentionally introduces,

Candyco Transcription Service, Inc. 1 et cetera, et cetera, with intent to cause the 2 sickness, physical injury, severe 3 disfigurement or death of another person. 4 This is an intentional act to cause 5 serious physical injury or death. It's not 6 just anyone through normal operations with no 7 intent. Those types of individuals or 8 organizations cannot be found guilty under 9 this bill. And I just want to clarify that. 10 For those reasons, I vote yes. 11 ACTING PRESIDENT FLANAGAN: Thank 12 you, Senator DeFrancisco. Senator DeFrancisco 13 will be recorded in the affirmative. 14 Senator Ball to explain his vote. 15 SENATOR BALL: I want to thank my 16 colleague Senator Krueger and ask that she 17 join my efforts and lobbying to make sure that 18 this actually gets out of committee in the 19 New York State Assembly. 20 I would just like to underline the 21 fact that this is indeed a homeland security 22 bill. I appreciate all my colleagues from 23 both sides of the aisle supporting this 24 legislation whatever the perspective may be. 25 You know, it was I think in the

Candyco Transcription Service, Inc. 1 6th century in Greece, which is -- some of us 2 may have been here; most of us were not -- 3 when the very first days -- nobody take 4 offense to that -- the very first days of 5 terrorism started. And in Greece you actually 6 had individuals outside of a traditional army 7 who would poison the wells of those who they 8 hoped to hurt. And using untraditional means, 9 they were able to defile those water supplies. 10 And it's taken this long for the 11 New York State Legislature to amend that. But 12 this is a very serious issue. The water that 13 is in my county ends up in much of your 14 drinking water in New York City. And I'll 15 tell you what, those reservoirs, many of the 16 people who I know fish on those reservoirs, 17 there are people who drive by those reservoirs 18 every single day. And you want to make sure 19 that law enforcement has a double set of eyes 20 on your drinking water. Because remember in 21 the days of Katrina how it only took a few 22 hours to bring massive havoc when there was a 23 lack of a supply for clean drinking water. 24 And just the question of whether 25 your drinking water is tainted could bring

Candyco Transcription Service, Inc. 1 massive havoc from a homeland security 2 perspective to many of the neighborhoods in 3 which you live in New York City and beyond. 4 And on the cusp of being nearly 5 10 years outside 9/11, the fact that not only 6 since Greece -- since 9/11, and the sixth 7 century in Greece -- but since 9/11 that we 8 have not addressed this issue, I ask that 9 Senator Krueger join with me and make sure 10 that the Assembly follows suit. 11 Thank you. And I'll be voting, of 12 course, in the affirmative. 13 ACTING PRESIDENT FLANAGAN: Thank 14 you, Senator Ball. Senator Ball to be 15 recorded in the affirmative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: In relation to 19 Calendar Number 140, those absent from voting 20 are Senators Huntley and Smith. 21 Ayes, 60. 22 ACTING PRESIDENT FLANAGAN: The 23 bill is passed. 24 Senator Libous, that -- 25 SENATOR LIBOUS: Mr. President,

Candyco Transcription Service, Inc. 1 can we go back to the reports of standing 2 committees, please. 3 ACTING PRESIDENT FLANAGAN: -- 4 completes the reading of the controversial 5 calendar. 6 SENATOR LIBOUS: I believe 7 there's a report of the Rules Committee at the 8 desk. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Libous, there is. 11 The Secretary will read. 12 THE SECRETARY: Senator Skelos, 13 from the Committee on Rules reports the 14 following: 15 Senate resolution amending Rules VI 16 and VII of the Senate rules, in relation to 17 committees. 18 SENATOR LIBOUS: Mr. President, I 19 move that we accept the Rules report. 20 ACTING PRESIDENT FLANAGAN: Move 21 to accept the Rules report. All those in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT FLANAGAN: 25 Opposed, nay.

Candyco Transcription Service, Inc. 1 (Response of "Nay.") 2 ACTING PRESIDENT FLANAGAN: The 3 Rules report is adopted. 4 Senator Libous. 5 SENATOR LIBOUS: Is there any 6 further business at the desk? 7 ACTING PRESIDENT FLANAGAN: 8 Senator Libous, there is -- 9 SENATOR LIBOUS: Mr. President, I 10 got ahead of myself. 11 There's a privileged resolution at 12 the desk. I ask that it be read, its title 13 read and we adopt it. 14 ACTING PRESIDENT FLANAGAN: The 15 Secretary will read. 16 THE SECRETARY: Senate resolution 17 by Senator Skelos, amending Rules VI and VII 18 of the Senate rules, in relation to 19 committees. 20 ACTING PRESIDENT FLANAGAN: 21 Senator Squadron. 22 SENATOR SQUADRON: Mr. President, 23 I object to this resolution and would like to 24 debate it. I was wondering if Senator Libous, 25 on behalf of Senator Skelos, would yield to a

Candyco Transcription Service, Inc. 1 couple of questions. 2 SENATOR LIBOUS: Sure, 3 Mr. President. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Libous, will you yield to Senator 6 Squadron? 7 SENATOR LIBOUS: I will. I will. 8 SENATOR SQUADRON: Thank you very 9 much. And I do know the hour is late, the 10 night is dark. In fact, we maybe having this 11 debate under the dark of night, one could say. 12 And I appreciate that. 13 So, Senator Libous, I just would 14 like to know, do you know when this resolution 15 was furnished to the Minority Leader pursuant 16 to Rule VI, Section 9A? 17 SENATOR LIBOUS: Well, that rule 18 doesn't pertain to this resolution. 19 But I could tell you that it was 20 probably given to the Minority Leader this 21 afternoon. Through you, Mr. President. 22 SENATOR SQUADRON: Through you, 23 Mr. President, Rule -- 24 ACTING PRESIDENT FLANAGAN: 25 Senator Squadron, are you asking Senator

Candyco Transcription Service, Inc. 1 Libous to continue to yield? 2 SENATOR SQUADRON: Yes, please, 3 Mr. President. 4 ACTING PRESIDENT FLANAGAN: 5 Senator Libous, will you continue to yield? 6 SENATOR LIBOUS: I will, 7 Mr. President. 8 ACTING PRESIDENT FLANAGAN: Thank 9 you. 10 Senator Squadron. 11 SENATOR SQUADRON: Thank you, 12 Mr. President. Through you. 13 Rule VI, Section 9A is simply the 14 rule that creates some standard for 15 resolutions so that they don't get driven 16 through this house without consideration. It 17 says that you need 48 hours notice for the 18 Minority Leader and the Majority Leader. 19 Senator Libous suggested that that 20 doesn't apply here. And I would wonder, 21 relative to Rule XI, Section 1, which says 22 that all resolutions that change the Senate 23 rules need to be introduced, how it could 24 possibly be that a simple 48-hour notice, when 25 you're talking about something as important as

Candyco Transcription Service, Inc. 1 the Senate rules, doesn't apply. 2 SENATOR LIBOUS: Mr. President, 3 through you, we believe that it doesn't apply. 4 And, Mr. President, I can go back 5 and use precedent when they were in charge, 6 Mr. President. And if I could relate an 7 example, on July 9th of '09, Senator Sampson 8 referred to Rules a rules change. On the same 9 day, it was reported, and on the same day, 10 Mr. President, it was adopted. 11 That rules change at the time 12 separated the positions, I believe, of 13 Temporary President and Majority Leader. But 14 it was done when they were in charge. It was 15 a procedural change, it was a rule change, all 16 done the same day, just like this. Therefore, 17 we believe that what we're doing is absolutely 18 right. 19 SENATOR SQUADRON: Thank you, 20 Mr. President. On the resolution at the 21 moment. And I thank Senator Libous for that. 22 As Senator Libous probably 23 remembers about the example -- 24 ACTING PRESIDENT FLANAGAN: 25 Excuse me, Senator Squadron, are you asking

Candyco Transcription Service, Inc. 1 Senator Libous to continue to yield? 2 SENATOR SQUADRON: On the 3 resolution. No, sorry, Mr. President, on the 4 resolution. 5 ACTING PRESIDENT FLANAGAN: On 6 the resolution. 7 SENATOR SQUADRON: Thank you. 8 As Senator Libous probably -- may 9 or may not recall, that was at the end of the 10 so-called coup that shut down this Senate for 11 over a month. It was truly extraordinary 12 circumstances. And those rules, in fact, had 13 been negotiated and agreed upon by both the 14 majority and minority at the time. So it's a 15 vastly different situation than the one that 16 we're talking about here. 17 The situation here is very simple. 18 Here, on this very busy week, when we have 19 incredibly important business before us in 20 this house, we have one of the toughest 21 budgets that hopefully any of us will ever see 22 that has just been hopefully finally 23 negotiated, that's going to be facing this 24 house. Everyone's focused in this state, 25 19.3 million New Yorkers or more, are focused

Candyco Transcription Service, Inc. 1 on getting this budget done. And in that 2 moment, 10 minutes before we were supposed to 3 come into session, something that changes the 4 rules, changes the operations of the house was 5 presented in contradiction to the current 6 Senate rules and in contradiction to good 7 faith, to transparency. 8 So the 2009 example certainly 9 reminds us of some of the darkest days in the 10 Senate's history. I think that repeating 11 those days this week, when we should be 12 working together to focus on this budget -- 13 some of us will support it, some of us will 14 have questions about it -- is really a 15 mistake. And I think it's exactly the example 16 of why this is so problematic. 17 None of us want to be here at 8:20 18 at night under the dark of night, as I said, 19 talking about Senate rules. We want to be 20 here talking about a budget that affects 21 New Yorkers every day. And unfortunately, 22 that's not possible. Unfortunately, we're 23 forced into this situation and harken back to 24 some of the darkest days, certainly the 25 darkest days that this Senate has seen in a

Candyco Transcription Service, Inc. 1 long, long time. 2 Look. This resolution, 3 Mr. President, is clearly in contradiction to 4 the Senate rules. The idea that this is 5 somehow a privileged resolution means that 6 there are no rules when it comes to a 7 resolution the Majority wants to put forward, 8 and that is a huge problem. 9 In fact, there's an entire section 10 of our rules that are set up to protect 11 against this. Rule XI, Section A -- 12 Section 1, excuse me, is very, very, very 13 clear. Changes to the Senate rules need to be 14 done very carefully. They need a memo or a 15 description. I don't know if this typewritten 16 document on the back of the voting sheet 17 counts as a memo or a summary or it follows 18 the rules here explaining the justification. 19 It clearly doesn't. The idea of a 20 10-minute notice certainly doesn't. The idea 21 of doing this at a moment when we have 22 $132 billion budget just waiting to get done, 23 the idea of a rule change at that moment 24 certainly does not keep with the spirit of the 25 Senate rules. And that is an enormous

Candyco Transcription Service, Inc. 1 problem, Mr. President. 2 Now, look, when you look at the 3 rules themselves -- and again, I'm glad 4 Senator Libous talked about some of the 5 historic rules changes that came out of that 6 darkest day in the Senate in the 2009. These 7 rules changed some of that. 8 And through you, Mr. President, I 9 would request Senator Libous to yield for a 10 couple more questions on this resolution. 11 ACTING PRESIDENT FLANAGAN: 12 Senator Libous, will you yield to Senator 13 Squadron? 14 SENATOR LIBOUS: I will, 15 Mr. President. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Squadron. 18 SENATOR SQUADRON: Thank you very 19 much, Mr. President. 20 Senator Libous, as you know, this 21 rules resolution that we're debating here 22 tonight amends Rule VI, Section 1, 23 paragraph C. Is that right, Senator Libous? 24 SENATOR LIBOUS: If that's what 25 the resolution says, Mr. President, that's

Candyco Transcription Service, Inc. 1 what it does. 2 SENATOR SQUADRON: Thank you. 3 Through you, Mr. President, will 4 Senator Squadron continue to yield. 5 ACTING PRESIDENT FLANAGAN: 6 Senator Libous, will you continue to yield? 7 SENATOR LIBOUS: I will, 8 Mr. President. 9 ACTING PRESIDENT FLANAGAN: 10 Senator Squadron. 11 SENATOR SQUADRON: Thank you very 12 much. 13 The rule I just referenced, 14 Mr. President, talks about the proportional 15 membership of Senate committees and the fact 16 that Senate committees should be proportional 17 to the partisan divide in the house. I would 18 like to ask Senator Libous, do you remember 19 how that rule came about and when it came 20 about? 21 SENATOR LIBOUS: I believe, 22 Mr. President, it came about sometime after 23 that famous day in June. Or maybe it was even 24 July. 25 SENATOR SQUADRON: Thank you very

Candyco Transcription Service, Inc. 1 much. 2 Would Senator Libous continue to 3 yield? 4 ACTING PRESIDENT FLANAGAN: 5 Senator Libous. 6 SENATOR LIBOUS: I will, sir. 7 ACTING PRESIDENT FLANAGAN: 8 Senator Squadron. 9 SENATOR SQUADRON: Thank you. 10 And my recollection is that that 11 proportional representation was about making 12 sure that both parties would be represented in 13 every committee, committees do such important 14 work, in the same way they are here on the 15 Senate floor, and that there would be some 16 equity to that. 17 Senator Libous, the rules amendment 18 here, do you know what it does to that 19 proportional representation that, out of those 20 dark days, we codified in the rules? 21 SENATOR LIBOUS: Actually, 22 Mr. President, I do. And it makes it very 23 similar to what it was last year when they 24 were in charge. 25 SENATOR SQUADRON: Would Senator

Candyco Transcription Service, Inc. 1 Libous continue to yield? 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous, will you continue to yield? 4 SENATOR LIBOUS: My pleasure, 5 Mr. President. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Squadron. 8 SENATOR SQUADRON: Would Senator 9 Libous please explain that statement. 10 SENATOR LIBOUS: Mr. President, I 11 believe when the Democrats were in charge they 12 had 14 members on Rules, we had 10. I believe 13 they had 19 on Finance; we had 14. 14 Now, we understood when they were 15 in charge, Mr. President, that they controlled 16 the agenda and that the makeup of the 17 committee didn't matter because they still had 18 more Democrats than Republicans. Therefore, 19 the makeup of the committee was still in their 20 favor. 21 Nothing has changed here. We add 22 two members to Finance, one in Rules. The 23 makeup of the committee is still -- we as the 24 majority party still have more members because 25 we're in the majority. And if you look at the

Candyco Transcription Service, Inc. 1 breakout, as I said, they had 14 members on 2 Rules; we had 10. They had 19 members on 3 Finance; we had 14. 4 To the Senator's point, I -- I'm 5 missing it. 6 SENATOR SQUADRON: Thank you. 7 Through you, Mr. President, to respond to that 8 before I ask Senator Libous to yield again. 9 Clearly these rules take what was a 10 proportional representation and for the 11 majority party say, in terms of the two what 12 are often considered the two most important 13 committees here, it's proportional plus 14 5 percent. So those numbers, it seems to me, 15 would not suggest what I would like to ask 16 Senator Libous to yield again to. 17 ACTING PRESIDENT FLANAGAN: 18 Senator Squadron, are you asking Senator 19 Libous that question? Or are you commenting 20 and now asking him to yield? 21 SENATOR SQUADRON: I am 22 commenting and now asking him to yield. 23 ACTING PRESIDENT FLANAGAN: 24 Senator Libous, will you continue to yield to 25 Senator Squadron?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: I'd be happy to 2 yield, Mr. President. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Squadron. 5 SENATOR SQUADRON: Thank you very 6 much. 7 Just to be clear, the effect of 8 this rules change is to increase the 9 proportion of majority members on the Senate 10 Rules and the Senate Finance Committee beyond 11 the proportional representation in the house. 12 SENATOR LIBOUS: No, 13 Mr. President, that's not what it does. What 14 it does, it brings us pretty much to parity to 15 what they had when they were in the majority. 16 That's how I read the numbers. 17 SENATOR SQUADRON: Thank you, 18 Mr. President. On the resolution. 19 I think that when Senator Libous 20 says that it does not do what I suggested, 21 which is increase the majority representation 22 beyond the proportional representation of the 23 house on the Rules and the Finance Committee, 24 that simply isn't accurate. I wish it were, 25 but it's not. It clearly does. It increases

Candyco Transcription Service, Inc. 1 beyond the proportional representation of the 2 house by 5 percent. 3 Now, that's particularly insidious 4 here because the rule and the practice is that 5 anything over a whole number, you get to 50.01 6 percent, that's an additional percent. You 7 get to 55.01 percent, that's an additional 8 person. So the effect of this is very clear. 9 It disempowers the minority members, 10 disenfranchises their constituents on the 11 Senate Rules and the Senate Finance Committee. 12 Because in the case of the Senate 13 Finance Committee, it's going to be -- let me 14 just make sure I get it right. In the Senate 15 Finance Committee you're going to have two 16 additional majority members, just like that, 17 thanks to this rule that we've now been 18 considering, we've now been aware of for less 19 than three hours. 20 In the Senate Rules Committee, 21 you're going to have one additional majority 22 member. In both cases, you're going to see a 23 supermajority for the majority party and 24 increasing difficulty for the minority party 25 in standing up.

Candyco Transcription Service, Inc. 1 And that's a real problem. And it 2 undoes the improvements that were made in the 3 last term. It undoes the improvements that 4 many members of this house, the majority, 5 voted for earlier this year. And it does it 6 in this most important of weeks when we should 7 be talking about issues much less arcane and 8 much more significant. 9 And so, you know, I think that it's 10 simply not accurate to say that it doesn't 11 change the proportion. It definitively does. 12 It does something else very 13 disturbing, and that is it gives the counsels 14 in the Majority Conference the power to decide 15 who sits and has voting rights on a committee. 16 Now, this is completely and absolutely 17 unprecedented, the idea that rather than 18 committee memberships being passed up, as 19 we've done many times this year, instead you 20 can now swap out committee members on the 21 Rules Committee. If anyone has an excused 22 absence, the counsel for the majority is able 23 to decide "I would like someone else on that 24 committee" or "I refuse to have someone else 25 on that committee."

Candyco Transcription Service, Inc. 1 The idea that not even on the 2 Senate floor you would be able to have someone 3 who is not elected, who does not engage -- is 4 on the Senate floor decide who is a voting 5 member on the Rules Committee and the Finance 6 Committee is truly shocking. 7 Later this week we are going to 8 have, going through the Finance Committee, 9 budget bills, budget bills totaling, as I said 10 earlier, $132 billion, one of the most 11 difficult budgets in the history of this 12 state. If this rule is in effect, then the 13 voting membership of the committee is going to 14 be decided by an unelected counsel to the 15 Senate Majority. 16 That, as I say, is unprecedented 17 and is a disturbing slippage -- not back to 18 the bad old days before the rules reform of 19 last term, but a slippage to a place we have 20 never been before as a house. Whether you're 21 minority party or majority party, I think we 22 can all agree that the idea of taking the 23 power of committee membership, taking the 24 power of who votes on the Finance Committee, 25 on the Rules Committee, on any committee,

Candyco Transcription Service, Inc. 1 outside of this body to someone who is 2 unelected is something that none of us can 3 feel comfortable with. 4 So, look, I know the partisan 5 games. I know that we're coming on 8:30 here 6 at night the week the budget is due. I know 7 that most folks, if they're watching, are 8 wondering why it is we could possibly be 9 talking about this instead of talking about 10 the state budget. And I agree with them. I 11 am sympathetic to them. 12 But we have this rules resolution 13 before us. We shouldn't. We should have had 14 48 hours to consider it, we should have had a 15 much more thorough description of it, all 16 pursuant to the current rules. But here we 17 are, and we have it before us. I would urge 18 every member of this house, on the basis of 19 not losing the progress that we made last 20 year, that did not go back, did not slip back 21 at the beginning of this year, and on the 22 basis of not, for the first time ever, putting 23 significant power outside of the elected body, 24 outside of our constituents, and into an 25 unelected member, I would urge every member of

Candyco Transcription Service, Inc. 1 this house -- Majority, Minority -- to rise 2 above politics, rise above this dark of night, 3 rise above this, to quote my colleague Senator 4 Ball, poisoning of the well of these rules, 5 and together vote against these rules. 6 Let's have some time to discuss 7 them and consider them. I am sure that, when 8 considered, the Majority will not feel 9 comfortable with this idea that an unelected 10 person decides who has voting power. Perhaps 11 that 48-hour consideration period will fix 12 that problem. And perhaps it will, as well, 13 give us an opportunity to have a proportional 14 representation so that we're not disempowering 15 the constituents who are represented by 16 Minority members of this Senate. We did that 17 for a long time in this Senate. We've started 18 to make improvements. Let's not tonight, in 19 this most important of weeks, slip back. 20 I look forward to working with many 21 of the members who have stood up for rules 22 changes, hopefully will vote with us tonight. 23 And hopefully if these rules do come back 24 before us, they will come back in a much 25 fairer form and a form that respects the

Candyco Transcription Service, Inc. 1 intrinsic importance of elected members of 2 this house deciding who the voting members are 3 on our committees. 4 So with that I will vote no, 5 Mr. President. Thank you. 6 ACTING PRESIDENT FLANAGAN: Thank 7 you, Senator Squadron. 8 Senator Libous on the resolution. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 In all due respect to my colleague 12 Senator Squadron, I really think you're 13 reading this wrong. Nobody is diminishing 14 representation on the committee. If anything, 15 we're going to parity. We're doing what you 16 did. We're going to the same spread on the 17 committees that you did. And the numbers are 18 in the book. It's published. And, Senator, 19 I'd be happy to provide you with that later 20 on. 21 And just on the other issue about 22 the resolution and late at night and it's been 23 six hours, I found two other examples when you 24 were in the majority, both resolutions by 25 Senator Smith. Reported to Rules on the 15th

Candyco Transcription Service, Inc. 1 of July, reported to the floor on the 15th of 2 July and adopted. Senate resolution amending 3 the rules of the Senate. 4 On the same day, July 15, '09, 5 reported to Rules. July 15, '09, reported to 6 the floor. July 15, '09, adopted. 7 So, Mr. President, this has been a 8 practice that this body has done for a long 9 time. It's obvious that our colleagues from 10 the other side of the aisle, when they were in 11 charge, did it the same way we're doing it. 12 These are the same rules. We are not looking 13 to take anything away from anybody. It's all 14 documented. It's in the Senate minutes. 15 And the breakouts are there. 16 Again, last year they had 19 members on 17 Finance, two more Democrats than Republicans. 18 That's what we're doing here. They had 14 19 members on Rules, one more voting member. 20 Just like we're doing here. 21 So, Mr. President, there's no 22 special movement at 8:30 at night, there's no 23 secret stealth thing here. This is pretty 24 simple. This is the way we've been 25 functioning.

Candyco Transcription Service, Inc. 1 As far as the way Senator Squadron, 2 Mr. President, is interpreting the rule, 3 certainly the counsel has to be notified. 4 Counsels talk all the time. But at the end of 5 the day, it's Senator Sampson and Senator 6 Skelos who are going to make the final 7 determinations on who he wants to substitute 8 in the Minority on a committee or who Senator 9 Skelos wants to substitute. It's not the 10 counsels that make those decisions. We all 11 know the members make those decisions and the 12 leaders make those decisions. 13 And so, Mr. President, I would just 14 like to move this resolution right now because 15 I think it is pretty clear in what it does. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Libous, the question is on the 18 resolution. 19 Senator Krueger, why do you rise? 20 SENATOR LIZ KRUEGER: Thank you. 21 Will the sponsor please yield to an 22 additional question? 23 ACTING PRESIDENT FLANAGAN: 24 Senator Libous, would you yield to a question 25 from Senator Krueger?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: I will, 2 Mr. President, I'm sorry. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Krueger. 5 SENATOR LIZ KRUEGER: Thank you. 6 So the first section of the rules 7 change, Section VI, budget bills, the 8 underlined new language is "Budget bills may 9 be reported from the Finance Committee direct 10 to the Third Reading Calendar." 11 I distinctly remember a week or two 12 ago, when we objected to moving from Finance 13 to third reading because you needed a 14 unanimous consent or needed to move a bill 15 through Rules, we were told by a ruling of the 16 chair that the existing rules allowed a budget 17 bill to be moved from Finance to the Third 18 Reading Calendar. 19 Senator Libous, why, since we had 20 that ruling of the chair either one or two 21 weeks ago, would we need to change the rule 22 tonight? 23 SENATOR LIBOUS: Mr. President, 24 I'd be happy to answer that. 25 Because, as I explained on the

Candyco Transcription Service, Inc. 1 floor, Mr. President, about a week ago or 2 whenever that took place, for the past number 3 of years when we were in the majority, it was 4 always the Republicans' policy to report a 5 budget bill from the Senate Finance Committee 6 to the floor. For whatever reason, when the 7 Democrats were in charge, they changed that 8 policy and they reported it from Finance to 9 Rules and to the floor. They believe they're 10 right, we believe we're right. That's 11 everybody's respectful right to disagree. 12 So what we're doing here, since I 13 think within the next 24 hours a number of 14 major budget bills are going to come to the 15 floor, and because we think it's important to 16 get those bills passed before midnight on 17 Thursday, and because we believe we were 18 always right, we're codifying the rule. 19 And I don't think there's anything 20 wrong in codifying the rule, making it a 21 matter of fact. Because, Mr. President, I 22 would guess if we didn't and we continued to 23 do it the way we believe is right, my guess is 24 the other side of the aisle might challenge 25 us.

Candyco Transcription Service, Inc. 1 SENATOR LIZ KRUEGER: Thank you, 2 Mr. President. On the resolution. 3 ACTING PRESIDENT FLANAGAN: 4 Senator Krueger on the resolution. 5 SENATOR LIZ KRUEGER: Thank you. 6 First off, since you didn't need 7 the rule change last week but you need the 8 rule change this week -- suddenly, urgently, 9 with no notice to anyone that they're doing 10 these rules tonight -- I would actually 11 question the sincerity of the argument for 12 codifying as opposed to actually changing the 13 rules. We are changing the rules. We're 14 skipping a process for budget bills. 15 Budget bills are the most important 16 legislation we do here in the Legislature each 17 year. Budget bills should be publicly 18 available, easy to understand, transparent. 19 They should not be done by skipping the 20 process. The process is critical for budget 21 bills. So for the record, budget bills should 22 have to move from Finance to either a third 23 reading, a unanimous consent, or the Rules 24 Committee. We have three options available to 25 us. And this rule change is intended to skip

Candyco Transcription Service, Inc. 1 that public process. 2 Second off, I have to disagree with 3 my colleague's response to Senator Squadron's 4 questioning. These weren't the numbers, as 5 referenced by Senator Libous. Actually, we 6 looked and when the Democrats had the Senate 7 prior to the coup, it was 18 Democrats, 15 8 Republicans, the ratio -- I'm sorry, and after 9 the coup, excuse me. 10 And so there's a logic to having a 11 weighted number of Democrats and Republicans 12 on committees. In fact, those rules were 13 negotiated, negotiated between the Republicans 14 and the Democrats. July 9th and July 15th, 15 the two dates referenced, those were 16 negotiated changes because of the recognition 17 during the coup that the rules were not in 18 everybody's best interest. 19 So when I hear my colleagues here 20 tonight say we need to change the rules to 21 pre-coup, I have to say I don't think that's a 22 very good idea for any of us. And in fact 23 I've heard many of my colleagues from both 24 sides of the aisle speak about why the coup 25 might have happened.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Libous, why do you rise? 3 SENATOR LIBOUS: Would Senator 4 Krueger yield for a question? 5 ACTING PRESIDENT FLANAGAN: 6 Senator Krueger, will you yield to Senator 7 Libous? 8 SENATOR LIZ KRUEGER: Let me just 9 finish the sentence and I'll be happy to 10 yield. 11 SENATOR LIBOUS: Thank you, 12 Mr. President. 13 SENATOR LIZ KRUEGER: Thank you. 14 So again, when I hear my colleagues 15 talk about wanting to go back to pre-coup 16 rules, it gives me pause and I think it should 17 give all of us pause. Because this has been a 18 process where each time we've changed the 19 rules in the last few years, and we've done it 20 now several times, we've all talked about 21 wanting to move forward, we've talked about 22 wanting to get more things on the agenda for 23 improved rules for the Senate. And I see this 24 as a giant step backwards. 25 And now I'm happy to yield to

Candyco Transcription Service, Inc. 1 Senator Libous. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous, Senator Krueger will yield to 4 a question. 5 SENATOR LIBOUS: Thank you, 6 Mr. President. 7 Senator Krueger, are you familiar 8 with a document that was put out by your side 9 of the aisle, Senator Smith, it was April 1, 10 2009, to March 31, 2010, it was the Fiscal 11 Committees' Executive Budget? 12 SENATOR LIZ KRUEGER: I don't 13 have it memorized. I'm sure that that is 14 true, and I'm sure if I took a look at it I 15 could remind myself of the details. But 16 please, Senator Libous, continue. 17 SENATOR LIBOUS: Well, I just -- 18 for the record, Mr. President, it shows in 19 that document 19 Democrats and 14 Republicans 20 on the Senate Finance Committee. 21 I have another document here which 22 is the actual record of the Senate. And in 23 all due respect to my colleague, 24 Mr. President, on January 11, 2010, it shows 25 19 Democrats and 14 Republicans on the Finance

Candyco Transcription Service, Inc. 1 Committee and 14 Democrats on Rules and 10 2 Republicans. 3 So I certainly understand that 4 possibly Senator Krueger's numbers are a 5 little mixed up. But I'm referencing official 6 documents of the Senate. 7 ACTING PRESIDENT FLANAGAN: Thank 8 you, Senator Libous. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. 11 Responding to Senator Libous, I 12 will be happy to take a look at the report. 13 Looking at the Legislative Digest for 2010, 14 it's 18/15. 15 But again, to clarify the change, 16 that was made post-coup. So I did misspeak 17 and correct myself earlier about pre- and 18 post-coup. 19 Again, post-coup, I think we made 20 some progress. I'm very disturbed to see us 21 going back to pre-coup rules, taking a step 22 backwards at this time both in skipping an 23 important procedural step for moving budget 24 bills -- again, Senator Libous is absolutely 25 right. The Republicans have the majority.

Candyco Transcription Service, Inc. 1 That is established in each committee. It is 2 established by what bills come to the floor. 3 It is established by what agenda gets moved. 4 I really don't understand why 5 tonight, before we do the budget, having a 6 majority isn't apparently enough, we need to 7 plus 5 percent on the two most critical 8 committees of the State Senate. 9 I also don't quite understand why 10 we have a model or we're proposing a model 11 where you get to swap in and out your members 12 in these two key committees with an hour's 13 notice. I don't think I have ever heard of 14 any process for establishing legislative 15 committees or the important role of 16 legislative committees where you just move the 17 members on and off with an hour's notice, 18 perhaps because somebody hasn't shown up in 19 time. I think that is fundamentally a 20 dangerous procedure for a legislative body to 21 follow, sort of musical chairs to make sure 22 you have the chairs filled in two committees 23 at any given time. 24 And again, to point out the role of 25 the Majority counsel in accepting changes in

Candyco Transcription Service, Inc. 1 the Finance and Rules Committee, conceivably 2 that means the Majority counsel can reject the 3 change in the Finance and Rules Committee. 4 And that is, granted, a decision for my 5 colleagues on the other side of the aisle. 6 But I think we all talk quite a bit in this 7 place about sometimes having too many 8 staff-driven decisions as opposed to the 9 elected driven decisions. 10 And to note several times now in 11 the Rules Committee this year, when Senator 12 Breslin attempted to follow the rules of this 13 house and move a petition to move a bill for a 14 hearing, we were told that the chair of the 15 committee, Senator Libous, couldn't accept or 16 reject the petition to move a bill to a public 17 hearing, it was the clerk of the committee. 18 And I've argued before and I'll argue again 19 that's not supposed to be the model, that 20 legislators get overridden by counsels or 21 clerks. 22 So I think all of these changes in 23 the Senate rules are going in the wrong 24 direction. They are not in the best interests 25 of democracy, small-D democracy. One has to

Candyco Transcription Service, Inc. 1 raise the question why they are popping up 2 tonight with no notice and no opportunity for 3 anyone other than those of us standing here 4 tonight and sitting here tonight to really 5 review or even ask questions about why these 6 rule changes must be done tonight. I'm urging 7 every member to vote no. 8 Thank you, Mr. President. 9 ACTING PRESIDENT FLANAGAN: Thank 10 you, Senator Krueger. 11 Senator DeFrancisco on the 12 resolution. 13 SENATOR DeFRANCISCO: I think 14 we've had enough. Thank you. 15 ACTING PRESIDENT FLANAGAN: Thank 16 you, Senator DeFrancisco. 17 Senator Skelos on the resolution. 18 Senator Skelos. 19 SENATOR SKELOS: Would Senator 20 Squadron yield for a question? 21 SENATOR SQUADRON: Absolutely, 22 Mr. President. 23 SENATOR SKELOS: Senator 24 Squadron, right now in the Senate, how many 25 Democrats have chairmanships of committees?

Candyco Transcription Service, Inc. 1 SENATOR SQUADRON: Through you, 2 Mr. President, I am less familiar with the 3 makeup of the Senate than the leader is, so I 4 would defer back to him. 5 SENATOR SKELOS: So we have three 6 Democrats and a chairman of a legislative 7 commission, so we have four Democrats in 8 leadership positions that we've appointed. Is 9 that correct? 10 SENATOR SQUADRON: Through you, 11 Mr. President, yes. 12 SENATOR SKELOS: On the joint 13 conference committees, where they're normally 14 Republican-Democrat appointments, how many 15 Democrats have been appointed by the 16 Republican side to be on joint conference 17 committees as one of our appointments? 18 SENATOR SQUADRON: Through you, 19 Mr. President, I believe the same Democrats. 20 SENATOR SKELOS: Four. Do you 21 recall how many Republicans when we were in 22 the minority were appointed to joint 23 conference committees by the then-Democrat 24 majority? 25 SENATOR SQUADRON: Through you,

Candyco Transcription Service, Inc. 1 Mr. President, I don't. I believe the number 2 is none. 3 SENATOR SKELOS: Now, let me ask 4 you, how do you define proportional 5 representation? 6 SENATOR SQUADRON: Through you, 7 Mr. President, I wouldn't deign to define 8 proportional representation, I would refer to 9 the current rules to do so. In -- I believe 10 it's Rule VI, Section 1, paragraph C. 11 SENATOR SKELOS: So again, how 12 would you define it? Would it be 32 13 Republicans, 30 Democrats? Or would it be 32 14 Republicans, 26 Democrats, and four 15 independent Democrats? 16 SENATOR SQUADRON: Through you, 17 Mr. President, as we discussed quite a bit at 18 the beginning of this session, both on and off 19 this floor, there really is no process. I 20 believe we in fact had this debate around the 21 adoption of the rules. There is no process 22 for anything other than two conferences. 23 SENATOR SKELOS: So we 24 couldn't -- 25 SENATOR SQUADRON: So based on

Candyco Transcription Service, Inc. 1 that I would say 30/32. 2 SENATOR SKELOS: -- proportional 3 representation and through the Majority 4 Leader, because appointments are made in 5 consultation to make sure that all are 6 represented well, technically the Majority 7 Leader could appoint four from the Independent 8 Democrat Conference to these committees. 9 SENATOR SQUADRON: Through you, 10 Mr. President, in order to ensure that both 11 conferences are represented well, I would very 12 respectfully -- and I appreciate the 13 opportunity to have this conversation with 14 Senator Skelos on the floor, but I would 15 respectfully suggest that any time that the 16 majority is deciding what fair representation 17 for the minority is isn't fair by its very 18 nature. 19 So certainly the points that 20 Senator Skelos made are accurate and reflect 21 there are four Democrats in the position 22 Senator Skelos said. Those same four 23 Democrats had roles on the conference 24 committees appointed by Senator Skelos. 25 The truth is that real

Candyco Transcription Service, Inc. 1 representation for a minority really must come 2 through the minority leader, because otherwise 3 there are all sorts of risks. And in fact we 4 had this very debate on this floor at the 5 beginning of the session when we talked about 6 some of the risk of having multiple 7 conferences and having the majority decide 8 which minority members get representation. 9 The real concern here tonight, 10 Mr. President, has to do with the makeup of 11 these committees, though I'm certain in a week 12 as serious and important as this one we're not 13 going to see games or any such thing in terms 14 of the committees. The issue is the change of 15 the rules, the way the change of the rules is 16 happening, the permanence of it, the slippage 17 back to a time when this Senate wasn't as fair 18 to the majority/minority parties, and an 19 unprecedented empowerment of someone who's not 20 elected to the Senate at all to accept or 21 reject voting members of these committees. 22 So, you know, I don't think that it 23 is up to the majority to decide what's fair 24 for the minority or, equally, for the minority 25 to decide what's fair for the majority.

Candyco Transcription Service, Inc. 1 That's why we have two conferences and two 2 conference leaders. 3 Thank you, Mr. President. 4 ACTING PRESIDENT FLANAGAN: Thank 5 you, Senator Squadron. 6 The question is on the adoption of 7 the resolution. All those in favor signify by 8 saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT FLANAGAN: 11 Opposed, nay. 12 (Response of "Nay.") 13 ACTING PRESIDENT FLANAGAN: 14 Senator Breslin. 15 SENATOR BRESLIN: Mr. President, 16 can we have a show of hands, please. 17 ACTING PRESIDENT FLANAGAN: Those 18 wishing to be in the negative please raise 19 your hands. 20 (There was a show of hands.) 21 ACTING PRESIDENT FLANAGAN: The 22 Secretary will announce the results. 23 THE SECRETARY: Ayes, 35. Nays, 24 23. 25 ACTING PRESIDENT FLANAGAN: The

Candyco Transcription Service, Inc. 1 resolution is adopted. 2 Senator Libous. 3 SENATOR LIBOUS: Mr. President, 4 is there any further business at the desk? 5 ACTING PRESIDENT FLANAGAN: There 6 is no further business, Senator Libous. 7 SENATOR LIBOUS: Mr. President, I 8 hand up the follow committee assignment by 9 Senator Skelos and ask that it be filed. 10 Mr. President, have we adjourned? 11 ACTING PRESIDENT FLANAGAN: No, 12 Senator Libous, we haven't. 13 SENATOR LIBOUS: Thank you. 14 Because for a moment there I thought we had 15 adjourned. 16 Because I have a very important 17 message to announce, Mr. President. There 18 being no further business to come before the 19 Senate, I move that we adjourn until Tuesday, 20 March 29th, at 3:00 p.m. 21 ACTING PRESIDENT FLANAGAN: 22 Senator Libous, the committee assignment is so 23 ordered to be filed in the Journal. 24 On motion, the Senate stands 25 adjourned until Tuesday, March 29th, at

Candyco Transcription Service, Inc. 1 3:00 p.m. 2 (Whereupon, at 8:52 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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