April 7, 2008

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Date: 04/07/2008 Session: Regular

1178 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 7, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 1179 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all to rise and join with me 5 as we recite the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: Today 10 the invocation will be given by Rabbi Shmuel 11 Butman, of the Lubavitch Youth Organization 12 from Brooklyn, New York. 13 Rabbi. 14 RABBI BUTMAN: Let us pray. 15 [In Hebrew] Our Heavenly Father, 16 we ask You to bestow Your blessings upon all 17 the men and women serving in the New York 18 State Senate, who are serving the people of 19 the great State of New York with honesty, 20 decency, and distinction. 21 We want to thank you for passing a 22 resolution proclaiming 106 days in honor of 23 the Rebbe's 106th birthday. The Rebbe, the 24 Lubavitcher Rebbe, Rebbe Menachim M. 25 Schneerson. The Rebbe stood for education of

Candyco Transcription Service, Inc. (518) 371-8910 1180 1 all children, of all children of the world, 2 and you are helping to make this possible. 3 In Psalm 107, which is the psalm we 4 start saying on the first day of the Rebbe's 5 107th year, the psalmist speaks about thanks 6 giving, about thanking Almighty God for all 7 the good things that are happening to a 8 person. 9 We, the Jewish people, can 10 appreciate thanks giving very, very much, 11 because for many, many years -- and we're 12 going to celebrate Passover -- we were 13 oppressed, so we understand the gift of 14 freedom and the gift of democracy. 15 You, the people of the great Senate 16 of this great State of New York, are fighting 17 for democracy and for freedom for all the 18 people in the State of New York, for all the 19 people in the United States of America, and 20 for all the people in the world. 21 Many years ago, I opened the Senate 22 of a little town called Washington. Before 23 that, I went to see the Rebbe. And the Rebbe 24 said to me that while I'm going to open the 25 Senate, I should take with me a pushkeh. A Candyco Transcription Service, Inc. (518) 371-8910 1181 1 pushkeh is a charity box. And I should take a

2 dollar, on the dollar it says "In God We 3 Trust," and I should put in a dollar in the 4 middle while I do the prayer. 5 I want to do the same today. And 6 the Rebbe said we should do that so that we 7 should know that we all have to do acts of 8 goodness and kindness and charity. I don't 9 want you to think that this is a fundraising 10 mission. It is not. It is a way of doing 11 more goodness and kindness. 12 I'm going to put in this one 13 dollar. If anyone wants to join me later in 14 doing a good deed, you are more than welcome 15 to do that. 16 And I want to tell you, in closing, 17 that in our synagogues every Saturday we say a 18 special prayer for each and every one of you. 19 We say the [in Hebrew], which means all of 20 those who serve the public faithfully, as you 21 do, we ask Almighty God to take care of you. 22 We ask Almighty God to watch you and your 23 families from all harm and to bestow all 24 blessings of goodness and kindness upon you. 25 And I have one more blessing to Candyco Transcription Service, Inc. (518) 371-8910 1182 1 bless you all. May you pass the budget, 2 successfully, immediately. 3 Thank you. 4 SENATOR SKELOS: Mr. President.

5 ACTING PRESIDENT GRIFFO: Senator 6 Skelos. 7 SENATOR SKELOS: Rabbi Butman, 8 it's a pleasure to have you with us once 9 again. And quite frankly, after the members 10 contribute to the charity box, I'm sure if you 11 brought it down to Governor Paterson it would 12 help us complete the budget this year. 13 But today this body celebrates the 14 106th birthday of Rabbi Schneerson. We passed 15 a resolution on April 1st honoring the Rabbi 16 and making April 16th through July 30th the 17 106 days of education. And I know how 18 important that is to you, Rabbi, as director 19 of the Lubavitch Youth Organization. 20 And it's really an honor to have 21 you here today as we celebrate the 22 distinguished life of Rabbi Schneerson. The 23 Rabbi will always be here in our hearts and 24 our minds. Rabbi Schneerson made it his 25 life's mission to educate people throughout Candyco Transcription Service, Inc. (518) 371-8910 1183 1 the world, and in doing so he strengthened the 2 religious, educational, cultural, moral and 3 ethical fibers of everyone he met. 4 Rabbi Schneerson has made an 5 indelible imprint upon our world, and it is 6 incumbent upon us to all make sure that the 7 spirit of his work continues. I think it's

8 safe to say we all feel a deep sense of duty 9 and privilege to be able to carry on the 10 Rabbi's mission. 11 So again, once again, Rabbi, we 12 welcome you to this chamber. I would urge all 13 the members to contribute to the charity box. 14 And we look forward to your visit again next 15 year. 16 Thank you. 17 RABBI BUTMAN: Thank you very, 18 very much. 19 SENATOR SKELOS: I would urge -20 there are a lot of members not in the chamber 21 right now. The contribution to the charity 22 box is voluntary. So I would urge them to 23 come in and join us at this time. 24 Mr. President, may we have the 25 reading of the Journal, please. Candyco Transcription Service, Inc. (518) 371-8910 1184 1 ACTING PRESIDENT GRIFFO: Thank 2 you, Senator Skelos. 3 Reading of the Journal. The clerk 4 shall read. 5 THE SECRETARY: In Senate, 6 Sunday, April 6, the Senate met pursuant to 7 adjournment. Journal of Saturday, April 5, 8 was read and approved. On motion, Senate 9 adjourned. 10 ACTING PRESIDENT GRIFFO: Without

11 objection, the Journal stands approved as 12 read. 13 Presentation of petitions. 14 Messages from the Assembly. 15 Messages from the Governor. 16 Reports of standing committees. 17 Reports of select committees. 18 Communications and reports from 19 state officers. 20 Motions and resolutions. 21 Senator Schneiderman. 22 SENATOR SCHNEIDERMAN: Mr. 23 President, under the Senate rules we can't 24 proceed to the next provision for motions and 25 resolutions if there's not a quorum present. Candyco Transcription Service, Inc. (518) 371-8910 1185 1 So I would request at this time a 2 quorum call. 3 ACTING PRESIDENT GRIFFO: Senator 4 Skelos. 5 SENATOR SKELOS: Mr. President, 6 we'll stand at ease. I've noticed that there 7 are a number of members of the Minority not 8 here. 9 ACTING PRESIDENT GRIFFO: The 10 Senate stands at ease. 11 (Whereupon, the Senate stood at 12 ease at 3:17 p.m.) 13 ACTING PRESIDENT GRIFFO: Senator

14 Bruno. 15 SENATOR BRUNO: Mr. President, 16 can we call the session to order. 17 ACTING PRESIDENT GRIFFO: The 18 Senate will return to order. 19 SENATOR BRUNO: Can we stand at 20 ease for just a minute here. 21 ACTING PRESIDENT GRIFFO: The 22 Senate will continue to stand at ease. 23 (Whereupon, the Senate reconvened 24 at 3:31 p.m.) 25 SENATOR BRUNO: Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 1186 1 ACTING PRESIDENT GRIFFO: Senator 2 Bruno. 3 SENATOR BRUNO: When we come to 4 order and when we have members in the chamber, 5 we are eventually going to get to do the 6 emergency bill so that the state employees can 7 get paid, since we don't have a budget. So we 8 need authorization for, I think, something in 9 the neighborhood of $83 million worth of 10 keeping government functioning. 11 So I've talked to the Minority 12 Leader a little while ago, and I expected that 13 he would be with his colleagues here in the 14 chamber. But his deputy is ably representing 15 him. 16 Should we proceed with the

17 noncontroversial calendar? 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: Through 21 you, Mr. President, before the Senate stood at 22 ease, I had requested a quorum call. I don't 23 believe there's a quorum. 24 And accordingly, it's improper for 25 us to proceed on anything past the first Candyco Transcription Service, Inc. (518) 371-8910 1187 1 provisions on page 7 of Rule 5 of the Senate. 2 ACTING PRESIDENT GRIFFO: Senator 3 Bruno. 4 SENATOR BRUNO: I believe the 5 Senator is correct in his procedural 6 observation. 7 And I think my colleagues here on 8 the Republican side of the aisle are going to 9 get very comfortable, and we can recess and we 10 can stay here just as long as you want to stay 11 until you get comfortable that the state needs 12 to function. 13 So I think it's rather childish to 14 play a game of not coming to the chamber at 15 the appointed hour at 3 o'clock. So you want 16 to spin our wheels. 17 And let's go through the quorum 18 call, Mr. President, as requested. 19 ACTING PRESIDENT GRIFFO: The

20 Secretary will call the roll on quorum. 21 THE SECRETARY: Senator Adams. 22 (No response.) 23 THE SECRETARY: Senator Alesi. 24 SENATOR ALESI: Here. 25 THE SECRETARY: Senator Candyco Transcription Service, Inc. (518) 371-8910 1188 1 Aubertine. 2 (No response.) 3 THE SECRETARY: Senator Bonacic. 4 SENATOR BONACIC: Here. 5 THE SECRETARY: Senator Breslin. 6 (No response.) 7 THE SECRETARY: Senator Bruno. 8 (Senator Bruno was recorded as 9 present.) 10 THE SECRETARY: Senator Connor. 11 (No response.) 12 THE SECRETARY: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: Here. 15 THE SECRETARY: Senator Diaz. 16 (No response.) 17 THE SECRETARY: Senator Dilan. 18 (No response.) 19 THE SECRETARY: Senator Duane. 20 (No response.) 21 THE SECRETARY: Senator Farley. 22 SENATOR FARLEY: Here.

23 THE SECRETARY: Senator Flanagan. 24 SENATOR FLANAGAN: Here. 25 THE SECRETARY: Senator Candyco Transcription Service, Inc. (518) 371-8910 1189 1 Fuschillo. 2 SENATOR FUSCHILLO: Here. 3 THE SECRETARY: Senator Golden. 4 SENATOR GOLDEN: Here. 5 THE SECRETARY: Senator Gonzalez. 6 (No response.) 7 THE SECRETARY: Senator Griffo. 8 SENATOR GRIFFO: Here. 9 THE SECRETARY: Senator Hannon. 10 SENATOR HANNON: Here. 11 THE SECRETARY: Senator 12 Hassell-Thompson. 13 (No response.) 14 THE SECRETARY: Senator Huntley. 15 (No response.) 16 THE SECRETARY: Senator C. 17 Johnson. 18 (No response.) 19 THE SECRETARY: Senator O. 20 Johnson. 21 SENATOR OWEN JOHNSON: Here. 22 THE SECRETARY: Senator Klein. 23 (No response.) 24 THE SECRETARY: Senator 25 L. Krueger.

Candyco Transcription Service, Inc. (518) 371-8910 1190 1 (No response.) 2 THE SECRETARY: Senator C. 3 Kruger. 4 SENATOR CARL KRUGER: Present. 5 THE SECRETARY: Senator Lanza. 6 SENATOR LANZA: Here. 7 THE SECRETARY: Senator Larkin. 8 SENATOR LARKIN: Here. 9 THE SECRETARY: Senator LaValle. 10 SENATOR LaVALLE: Here. 11 THE SECRETARY: Senator Leibell. 12 SENATOR LEIBELL: Here. 13 THE SECRETARY: Senator Libous. 14 SENATOR LIBOUS: Here. 15 THE SECRETARY: Senator Little. 16 SENATOR LITTLE: Here. 17 THE SECRETARY: Senator Maltese. 18 SENATOR MALTESE: Present. 19 THE SECRETARY: Senator 20 Marcellino. 21 SENATOR MARCELLINO: Here. 22 THE SECRETARY: Senator Maziarz. 23 SENATOR MAZIARZ: Here. 24 THE SECRETARY: Senator 25 Montgomery. Candyco Transcription Service, Inc. (518) 371-8910 1191 1 (No response.)

2 THE SECRETARY: Senator Morahan. 3 SENATOR MORAHAN: Present. 4 THE SECRETARY: Senator Nozzolio. 5 SENATOR NOZZOLIO: Present. 6 THE SECRETARY: Senator Onorato. 7 (No response.) 8 THE SECRETARY: Senator 9 Oppenheimer. 10 (No response.) 11 THE SECRETARY: Senator Padavan. 12 SENATOR PADAVAN: Here. 13 THE SECRETARY: Senator Parker. 14 (No response.) 15 THE SECRETARY: Senator Perkins. 16 (No response.) 17 THE SECRETARY: Senator Rath. 18 SENATOR RATH: Here. 19 THE SECRETARY: Senator Robach. 20 SENATOR ROBACH: Present. 21 THE SECRETARY: Senator Sabini. 22 (No response.) 23 THE SECRETARY: Senator Saland. 24 SENATOR SALAND: Here. 25 THE SECRETARY: Senator Sampson. Candyco Transcription Service, Inc. (518) 371-8910 1192 1 (No response.) 2 THE SECRETARY: Senator Savino. 3 (No response.) 4 THE SECRETARY: Senator

5 Schneiderman. 6 SENATOR SCHNEIDERMAN: Here. 7 THE SECRETARY: Senator Serrano. 8 (No response.) 9 THE SECRETARY: Senator Seward. 10 SENATOR SEWARD: Present. 11 THE SECRETARY: Senator Skelos. 12 SENATOR SKELOS: Here. 13 THE SECRETARY: Senator Smith. 14 (No response.) 15 THE SECRETARY: Senator 16 Stachowski. 17 (No response.) 18 THE SECRETARY: Senator Stavisky. 19 (No response.) 20 THE SECRETARY: Senator 21 Stewart-Cousins. 22 (No response.) 23 THE SECRETARY: Senator Thompson. 24 (No response.) 25 THE SECRETARY: Senator Trunzo. Candyco Transcription Service, Inc. (518) 371-8910 1193 1 SENATOR TRUNZO: Here. 2 ACTING PRESIDENT GRIFFO: Senator 3 Valesky. 4 (No response.) 5 THE SECRETARY: Senator Volker. 6 SENATOR VOLKER: Present. 7 THE SECRETARY: Senator Winner.

8 SENATOR WINNER: Here. 9 THE SECRETARY: Senator Young. 10 SENATOR YOUNG: Here. 11 ACTING PRESIDENT GRIFFO: 12 Thirty-four members are present in the 13 chamber, which constitutes a quorum, Senator 14 Schneiderman. 15 SENATOR SCHNEIDERMAN: Thank you, 16 Mr. President. 17 SENATOR BRUNO: Mr. President, I 18 believe we have a substitution at the desk, 19 which we should make, and then proceed with 20 the noncontroversial calendar. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Bruno. 23 The Secretary will read. 24 THE SECRETARY: On page 9, 25 Senator Seward moves to discharge, from the Candyco Transcription Service, Inc. (518) 371-8910 1194 1 Committee on Insurance, Assembly Bill Number 2 9882, and substitute it for the identical 3 Senate Bill Number 6656, Third Reading 4 Calendar 144. 5 ACTING PRESIDENT GRIFFO: 6 Substitution so ordered. 7 The Secretary will now conduct the 8 noncontroversial reading of the calendar. 9 THE SECRETARY: Calendar Number 10 144, substituted earlier by Member of the

11 Assembly Morelle, Assembly Print Number 9882, 12 an act to amend Chapter 650 of the Laws of 13 1998 amending the Insurance Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: In relation to 22 Calendar Number 144: Ayes, 34. Nays, 0. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1195 1 335, by Senator Little, Senate Print 6856A, an 2 act to authorize. 3 SENATOR BRUNO: Lay it aside. 4 ACTING PRESIDENT GRIFFO: Lay it 5 aside. 6 THE SECRETARY: Calendar Number 7 354, by Senator Morahan, Senate Print 6817 -8 SENATOR BRUNO: Lay it aside. 9 ACTING PRESIDENT GRIFFO: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 357, by Senator DeFrancisco, Senate Print 13 6661, an act to amend the Executive Law, in

14 relation to establishing. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 34. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1196 1 405, by Senator C. Kruger, Senate Print 6886, 2 an act to amend Chapter 534 of the Laws of 3 2000 amending the Social Services Law. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 34. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 430, by Senator Volker, Senate Print 6764, an 16 act to amend the Penal Law, in relation to the

17 definition of criminal act. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 34. Candyco Transcription Service, Inc. (518) 371-8910 1197 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 586, by Senator Farley, Senate Print 6776, an 5 act to amend the Education Law, in relation to 6 allowing. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 34. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 600, by Senator Hannon, Senate Print 4660A, an 19 act to amend Chapter 672 of the Laws of 1993,

20 amending the Public Authorities Law. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 1198 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 34. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 622, by Senator Young, Senate Print 7123, an 8 act to amend the Agriculture and Markets Law 9 and the State Finance Law, in relation to 10 licensure. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 34. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 Senator Bruno, that completes the 22 noncontroversial reading of the calendar.

23 Senator Bruno. 24 SENATOR BRUNO: We just went 25 through the noncontroversial calendar, and I Candyco Transcription Service, Inc. (518) 371-8910 1199 1 recognize our colleagues here are marked 2 absent on most of the votes that just took 3 place. 4 And I think that's unfortunate, 5 because they're elected to be representative 6 of a constituency. And they're being paid to 7 represent a constituency. 8 So we are here, and I'm waiting 9 patiently to see if our colleagues are going 10 to join us. And if not, I'm going to ask 11 Senator Schneiderman what his expectation is. 12 I talked to Senator Smith earlier 13 and expected him on the floor for general 14 consumption. We are not at this time talking 15 about any issues that are controversial. 16 So we're just trying to proceed, 17 and then the expectation is we'll recess, 18 subject to the call of the leader, to see 19 whether or not we can get a budget bill back 20 to the floor during daylight. 21 So the question for Senator 22 Schneiderman, where are your colleagues? 23 ACTING PRESIDENT GRIFFO: Senator 24 Schneiderman. 25 SENATOR SCHNEIDERMAN: Mr.

Candyco Transcription Service, Inc. (518) 371-8910 1200 1 President, thank you. 2 I have been here for nine years. 3 I've never seen a day where we had a scheduled 4 session and the night before or first thing in 5 the morning we did not have an active list. 6 Today, we received this short 7 active list of completely noncontroversial, in 8 many cases one-house bills around 11:30 a.m. 9 It is clear that the ordinary rules of 10 procedure in this house have gone by the 11 wayside. 12 My colleagues, I'm advised by our 13 leader, Senator Malcolm Smith, are here to do 14 budget bills, and they want to get to the 15 budget before we are undertaking any other 16 major business. They've requested this. 17 Senator Smith would like to speak 18 with Senator Bruno on the phone, if he will 19 make himself available, so that we can make 20 the rabbi's admonition come true and pass the 21 budget immediately and not engage in any other 22 games, activity or measures that interfere 23 with our ability to pass the budget. And 24 that's what my colleagues are waiting to do. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 1201 1 Bruno.

2 SENATOR BRUNO: Mr. President, 3 many of us were here during the weekend, 4 trying to get the last budget bill done, while 5 our colleagues were out in my district acting 6 very Spitzerlike, putting politics ahead of 7 governing. And I was very disappointed in 8 that. 9 So if our colleagues don't want to 10 join us in governing, maybe they can go out 11 and have another political conference with 12 their colleagues. 13 I would move that we stand in 14 recess, subject to the call of the leader. 15 ACTING PRESIDENT GRIFFO: The 16 Senate stands at ease, on motion, until the 17 call of the Leader. 18 SENATOR BRUNO: And I would have 19 an immediate conference of the Majority. 20 ACTING PRESIDENT GRIFFO: There 21 will be an immediate meeting of the Majority 22 in the Majority Conference Room. 23 The Senate stands at ease. 24 (Whereupon, the Senate stood at 25 recess at 3:45 p.m.) Candyco Transcription Service, Inc. (518) 371-8910 1202 1 (Whereupon, the Senate reconvened 2 at 4:28 p.m.) 3 ACTING PRESIDENT GRIFFO: The 4 Senate will come to order.

5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the 8 Finance Committee in the Majority Conference 9 Room. 10 ACTING PRESIDENT GRIFFO: There 11 will be an immediate meeting of the Senate 12 Finance Committee in the Majority Conference 13 Room. 14 SENATOR SKELOS: We'll stand at 15 ease, please. 16 ACTING PRESIDENT GRIFFO: The 17 Senate stands at ease. 18 (Whereupon, the Senate reconvened 19 at 4:29 p.m.) 20 (Whereupon, the Senate reconvened 21 at 4:34 p.m.) 22 ACTING PRESIDENT GRIFFO: The 23 Senate will come to order. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, Candyco Transcription Service, Inc. (518) 371-8910 1203 1 if we could return to reports of standing 2 committees for the report of the Finance 3 Committee. 4 ACTING PRESIDENT GRIFFO: The 5 Secretary will read. 6 THE SECRETARY: Senator O. 7 Johnson, from the Committee on Finance,

8 reports the following bill direct to third 9 reading: 10 Senate Print 7473, by the Senate 11 Committee on Rules, an act making 12 appropriations for the support of government. 13 ACTING PRESIDENT GRIFFO: The 14 bill is reported direct to third reading. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, I 17 believe the Assembly bill has passed, and it's 18 time to substitute it at this time. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read the substitution. 21 THE SECRETARY: Senator O. 22 Johnson, from the Committee on Finance, moves 23 to discharge Assembly Bill Number 10484 and 24 substitute it for the identical Senate Bill 25 Number 7473, Third Reading Calendar 716. Candyco Transcription Service, Inc. (518) 371-8910 1204 1 ACTING PRESIDENT GRIFFO: 2 Substitution ordered. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could take the bill up at this time, 6 controversial. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 SENATOR SCHNEIDERMAN: Point of 10 order, Mr. President.

11 ACTING PRESIDENT GRIFFO: Senator 12 Schneiderman. 13 SENATOR SCHNEIDERMAN: Are we 14 going to lay the bill aside, is that what 15 you're saying? 16 SENATOR SKELOS: We're taking it 17 up controversial. 18 ACTING PRESIDENT GRIFFO: The 19 bill has to be read by the Secretary first. 20 The Secretary will read the bill to 21 bring before the house. 22 THE SECRETARY: Calendar Number 23 716, substituted earlier by the Assembly 24 Committee on Rules, Assembly Print Number 25 10484, an act making appropriations for the Candyco Transcription Service, Inc. (518) 371-8910 1205 1 support of government. 2 SENATOR LIBOUS: Mr. President, 3 explanation of the bill, please. 4 ACTING PRESIDENT GRIFFO: 5 Explanation, Senator Johnson. 6 SENATOR O. JOHNSON: This bill 7 provides an all-funds appropriation of 8 $83.7 million, including $33 million General 9 Fund appropriations. These appropriations 10 would allow the state to make payments and 11 incur liabilities for the support of 12 government, and includes the following list, 13 which I can read if you'd like. Or you can

14 read it yourself. Thank you. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Johnson. 17 Senator Padavan. 18 SENATOR PADAVAN: Yes, would the 19 chairman of Finance yield to a question? 20 ACTING PRESIDENT GRIFFO: Senator 21 Johnson, will you yield? 22 SENATOR OWEN JOHNSON: Yes. 23 SENATOR PADAVAN: Senator, as I 24 read this bill, there's an indication that a 25 significant amount of the money indicated here Candyco Transcription Service, Inc. (518) 371-8910 1206 1 would be used for services performed by 2 mentally ill or developmentally disabled 3 persons who are employed in state-operated 4 special employment work for pay or sheltered 5 workshop programs. 6 I have several in my district in 7 Queens, such as Lexington School for the Deaf 8 and some others whose names escape me for the 9 moment. 10 Is my assumption where these funds 11 are to be used correct? 12 SENATOR OWEN JOHNSON: The answer 13 is yes. 14 SENATOR PADAVAN: Therefore, if 15 this bill is not passed today -- if you'd 16 yield again, Senator -- these individuals

17 working in these capacities would not be paid? 18 SENATOR OWEN JOHNSON: That's 19 true, Senator. 20 SENATOR PADAVAN: I also note 21 that the messenger service here in the 22 Capitol, which as most of you know is 23 predominantly disabled young people and 24 adults, also would fall in that category. Am 25 I correct? Candyco Transcription Service, Inc. (518) 371-8910 1207 1 SENATOR OWEN JOHNSON: You are 2 right again. 3 SENATOR PADAVAN: Thank you, 4 Senator. 5 ACTING PRESIDENT GRIFFO: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: I just have 8 a question -9 SENATOR SKELOS: If I could just 10 interrupt Senator DeFrancisco for a moment, I 11 believe there's a message of necessity at the 12 desk. And I would move that we accept it at 13 this time. 14 ACTING PRESIDENT GRIFFO: A 15 message of necessity has arrived at the desk. 16 All in favor of its acceptance 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO:

20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 message is accepted. 24 Senator DeFrancisco. 25 SENATOR DeFRANCISCO: I just have Candyco Transcription Service, Inc. (518) 371-8910 1208 1 a question of the floor leader, if we could, 2 for a moment. 3 Senator Skelos, concerning 4 procedurally, I would like to know how many 5 votes we need in order to pass these pay bills 6 to keep government going. 7 ACTING PRESIDENT GRIFFO: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, 10 if I could respond, I believe under the rules 11 of the Senate you would need 38 -- 42, rather. 12 Forty-two. 13 SENATOR DeFRANCISCO: One last 14 question. Can you tell me how many Republican 15 Senators have checked in and are available for 16 this particular vote? 17 SENATOR SKELOS: All 32. 18 SENATOR DeFRANCISCO: All 32. 19 And the quorum call that was done 20 earlier, could someone tell me the total 21 number of votes that are available for this 22 vote?

23 SENATOR LIBOUS: Would you ask it 24 again, Senator? 25 SENATOR DeFRANCISCO: I'm asking Candyco Transcription Service, Inc. (518) 371-8910 1209 1 Senator Skelos to yield. 2 And the total number of votes that 3 were here on the quorum call, my question is 4 if he could tell me how many total votes are 5 now available in order to attempt to pass this 6 bill. 7 ACTING PRESIDENT GRIFFO: Senator 8 Skelos. 9 SENATOR SKELOS: I believe it's 10 34 -- 32. Thirty-two. 11 ACTING PRESIDENT GRIFFO: Senator 12 Schneiderman, why do you rise? 13 SENATOR SCHNEIDERMAN: Through 14 you, Mr. President, there are other members 15 who have come into the chamber since that 16 quorum call was taken some time ago, and I'm 17 not sure that's accurate. You may want to 18 have another quorum call so Senator 19 DeFrancisco can be deadly sure of the point 20 he's trying to make. 21 ACTING PRESIDENT GRIFFO: Senator 22 DeFrancisco. 23 SENATOR DeFRANCISCO: No, I 24 don't -- thank you for the offer, but maybe if 25 Senator Skelos would yield and tell me how

Candyco Transcription Service, Inc. (518) 371-8910 1210 1 many people as of this moment have checked in 2 to vote on this particular piece of 3 legislation other than the 32 Republican 4 votes, the full Majority. 5 SENATOR SKELOS: A total of 35. 6 So if you take 32 from 35, that means there 7 are three Democrats that have checked in. And 8 that's at about twenty to 5:00, when session 9 was called at 3:00 p.m. 10 ACTING PRESIDENT GRIFFO: Senator 11 DeFrancisco. 12 SENATOR DeFRANCISCO: Now, I just 13 wish to be heard for a moment here. 14 This bill is obviously very, very 15 important. And otherwise, government stops 16 and each of these individuals, each of these 17 individuals will not get paid. 18 And now I see -- I just want to 19 comment I see we have another vote coming in, 20 a couple more votes, Senator Aubertine and 21 Senator Stewart-Cousins. 22 That's all I wanted to say. I'm 23 ready to vote. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator DeFrancisco. Candyco Transcription Service, Inc. (518) 371-8910 1211 1 Senator Schneiderman, why do you

2 rise? 3 SENATOR SCHNEIDERMAN: Thank you, 4 Mr. President. If the sponsor would yield for 5 a few questions. 6 SENATOR JOHNSON: Yes. 7 ACTING PRESIDENT GRIFFO: The 8 Senator yields. 9 SENATOR SCHNEIDERMAN: Thank you. 10 Through you, Mr. President, does 11 this bill that we're seeking to vote on right 12 now address any issues that relate to revenue, 13 where we get the revenue to keep the payments 14 going to the worthy causes that have been 15 cited? 16 SENATOR OWEN JOHNSON: There is 17 no new revenue in this bill. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Mr. President. Does this -20 ACTING PRESIDENT GRIFFO: Senator 21 Schneiderman, do you wish to ask the sponsor 22 to continue to yield? 23 SENATOR SCHNEIDERMAN: Yes, thank 24 you, Mr. President. Through you, if the 25 sponsor would continue to yield. Candyco Transcription Service, Inc. (518) 371-8910 1212 1 ACTING PRESIDENT GRIFFO: Senator 2 Johnson, would you continue to yield? 3 SENATOR OWEN JOHNSON: Yes, I 4 will.

5 ACTING PRESIDENT GRIFFO: Senator 6 Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you. 8 Does this bill address the issue of 9 the settlement of the Campaign for Fiscal 10 Equity case and the urgent need to provide 11 additional funds to high-needs school 12 districts in our state? 13 SENATOR OWEN JOHNSON: This pays 14 the employees who are waiting for their 15 checks. 16 SENATOR SCHNEIDERMAN: Thank you. 17 Through you, Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman, do you wish to continue to ask 20 questions? 21 SENATOR SCHNEIDERMAN: Yes, I do, 22 if the sponsor would yield. 23 ACTING PRESIDENT GRIFFO: Does 24 the sponsor, Senator Johnson, continue to 25 yield? Candyco Transcription Service, Inc. (518) 371-8910 1213 1 SENATOR OWEN JOHNSON: Yes. 2 SENATOR SCHNEIDERMAN: Are the 3 employees who you referred to who are waiting 4 for their checks, is that limited to state 5 employees or does that include any employees 6 who are employed by local governments who are 7 now waiting for state aid to help them close

8 their own budget gaps and meet payroll? 9 SENATOR OWEN JOHNSON: This 10 includes state employees. 11 SENATOR SCHNEIDERMAN: Excuse me? 12 SENATOR OWEN JOHNSON: It 13 includes state employees waiting for their 14 checks. 15 SENATOR SCHNEIDERMAN: Thank you. 16 Thank you, Mr. President. If the 17 sponsor would yield for one more question. 18 ACTING PRESIDENT GRIFFO: Senator 19 Johnson, will you continue to yield for one 20 final question? 21 SENATOR OWEN JOHNSON: Yes, 22 Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Schneiderman. 25 SENATOR SCHNEIDERMAN: Thank you. Candyco Transcription Service, Inc. (518) 371-8910 1214 1 There has been a discussion about 2 issues related to the continuance of state 3 government, and Senator Padavan mentioned the 4 issue of people with disabilities and 5 employees of institutions that care for those 6 people. 7 We have not yet passed a budget or 8 negotiated a bill to provide funding for the 9 state's school districts. This legislation 10 will not provide for counseling services,

11 payment for teachers, or payment for any 12 services for children with disabilities in 13 this state, will it? 14 SENATOR OWEN JOHNSON: Will you 15 rephrase the question, please? 16 SENATOR SCHNEIDERMAN: Thank you. 17 Through you, Mr. President. 18 ACTING PRESIDENT GRIFFO: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: We've had 21 a discussion so far on this bill that included 22 reference to services for people with 23 disabilities. And my question to you is, one 24 of the major places where we provide services 25 to New Yorkers with disabilities is through Candyco Transcription Service, Inc. (518) 371-8910 1215 1 our education system -- through our schools, 2 through special education, through the 3 counselors, teachers, therapists and others 4 who work through the school districts of 5 New York. 6 Does this bill provide any funding 7 for our school districts so that they may 8 continue to provide those services? 9 SENATOR OWEN JOHNSON: Last week 10 we passed a bill of $1.2 billion for school 11 districts. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator Johnson.

14 SENATOR SCHNEIDERMAN: Thank you. 15 Mr. President, on the bill. 16 ACTING PRESIDENT GRIFFO: Senator 17 Schneiderman, on the bill. 18 SENATOR SCHNEIDERMAN: I think 19 that the problem we're running into here, and 20 I think everyone is equally frustrated on both 21 sides of the aisle, is that the ordinary 22 processes by which we try to pass a budget, 23 even the minimal transparency that was 24 provided for in the last few years seems to 25 have fallen by the wayside. Candyco Transcription Service, Inc. (518) 371-8910 1216 1 I know that there's a leaders' 2 meeting going on right now where our leader, 3 Senator Smith, is negotiating. We are 4 absolutely conscious of our obligation to be 5 here to provide votes for budget bills. We 6 hope the other side is equally conscious of 7 your obligation to include us in the 8 discussions so that we may participate and 9 fully represent our constituencies, as you 10 seek to do. 11 No further comments. 12 ACTING PRESIDENT GRIFFO: Thank 13 you, Senator Schneiderman. 14 Senator LaValle. 15 SENATOR LaVALLE: Thank you, 16 Mr. President. Just very briefly.

17 As I understand it, this bill 18 pertains to 4201 schools for the deaf and 19 blind that are state-supported. And so the 20 money for this is very critical, very 21 important, so that individuals who work in 22 these schools can continue to get paid. 23 As you might suspect, when you're 24 dealing with a special population, in order to 25 get people who are highly trained to stay and Candyco Transcription Service, Inc. (518) 371-8910 1217 1 work through an entire year and subsequent 2 years, it becomes very, very difficult because 3 of the pay schedules that these schools have. 4 So when we come to the brink of not 5 paying people, it makes it even more difficult 6 to retain and recruit individuals to work in 7 these schools. The people who work there do 8 God's work, do a very, very special mission to 9 have individuals continue to grow and be as 10 productive citizens as those who do not have a 11 disability. 12 So we are not today sending a very 13 good message. Because when people find out 14 that they came a hair away from not getting 15 paid, that just shakes things up and is not a 16 good kind of thing, because people really do 17 have faith in our government that we are going 18 to do the right thing for them. 19 Thank you very much, Mr. President.

20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator LaValle. 22 Is there any other Senator wishing 23 to speak? 24 Senator Larkin. 25 SENATOR LARKIN: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 1218 1 Mr. President. 2 Truthfully, we all ought to be 3 ashamed today. We're talking about some 4 unfortunate people who need to be cared for. 5 We have state employees to take care of them. 6 And we're at the last minute saying about 7 whether we would vote to have it. 8 When I see my colleagues just drift 9 in here so they can be counted, they're not 10 doing that to help those people get their 11 paycheck, they're doing it for their own 12 personal gain. They should be ashamed of 13 themselves. 14 SENATOR SCHNEIDERMAN: Point of 15 order. 16 ACTING PRESIDENT GRIFFO: Senator 17 Schneiderman, why do you rise? 18 SENATOR SCHNEIDERMAN: I rise for 19 a point of order. 20 This violates the Senate rules of 21 courtesy. They're here, as well as you, to 22 vote on the bill. Personal recriminations

23 have no place in this process. I understand 24 everyone is frustrated. Let's vote on the 25 bill -Candyco Transcription Service, Inc. (518) 371-8910 1219 1 ACTING PRESIDENT GRIFFO: Senator 2 Larkin has the floor, Senator Schneiderman. 3 Senator Larkin, proceed. 4 SENATOR LARKIN: You know, thank 5 you very much, Mr. President. As my good 6 friend and colleague Senator Hannon said, I 7 had the floor. 8 But what about those people that 9 are worrying about their check? They're going 10 to be hearing the news. The Assembly already 11 passed the bill, and we couldn't get people 12 out of their conference. And then they had to 13 go in and bring them in one at a time to 14 protect them. Who did they protect? Those 15 that they worry about. 16 That's not an issue. The issue is, 17 what happened to the oath that you took? You 18 took an oath. You are going to come to 19 Albany, you're going to get paid 100-some 20 dollars per day for per diem, but you hide in 21 your conference room not doing the people's 22 business. 23 That's a shame. That is a shame. 24 And anybody who doesn't think it is, please 25 join me. Let's have a good debate in front of

Candyco Transcription Service, Inc. (518) 371-8910 1220 1 a TV with families of these people and then 2 find out how those families feel. 3 I have some people in my 4 district -5 ACTING PRESIDENT GRIFFO: Senator 6 Schneiderman, why do you rise? 7 SENATOR SCHNEIDERMAN: Mr. 8 President, I'm rising to raise a point of 9 order. 10 This is not germane for the 11 discussion of the budget bill which we're all 12 here to vote on. This is simply personal 13 recriminations, in violation of the Senate 14 rules regarding courtesy. 15 I would seek a ruling from the 16 chair as to whether this discussion is 17 germane -18 ACTING PRESIDENT GRIFFO: Senator 19 Larkin, I will rule on the point of order. 20 Senator Schneiderman, your point is 21 not well taken. Senator Larkin, you may 22 continue. 23 Senator Schneiderman, please be 24 seated. Senator Larkin, continue. 25 SENATOR LARKIN: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 1221 1 Mr. President. To interrupt somebody who's

2 speaking out for those who can't be here on 3 this floor to speak out for themselves is a 4 shame. And anybody who doesn't think it is 5 ought to be ashamed to be here in this Senate 6 chamber. 7 We were sent here to do a job. We 8 took an oath. We get paid. And let's do our 9 job, and let's stop hiding. Because that's 10 exactly what they did; they went to hide 11 because they didn't want to do something that 12 they're paid for. 13 Thank you. 14 ACTING PRESIDENT GRIFFO: Is 15 there any other Senator that wishes to be 16 heard? 17 The debate is closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 1222 1 DeFrancisco, to explain his vote. 2 SENATOR DeFRANCISCO: I would 3 like to explain my vote. 4 I vote aye on this bill. Obviously

5 everyone in this chamber, Democrat and 6 Republican alike, realizes the importance of 7 this bill. 8 And also, anybody who's followed 9 government at all realizes what just went on 10 between 3 o'clock and 5 o'clock, where the 11 entire Democrat conference was not here -- not 12 because of the lack of importance of a bill, 13 but because they wanted to make some type of 14 point. I'm not quite sure what it was. 15 But apparently that point wasn't 16 well taken when we started to vote on the 17 bill, as some members started drifting in the 18 chambers so they could be recorded in the 19 affirmative rather than stopping people from 20 getting paid. 21 We're in a budget process that may 22 not be as transparent as Senator Schneiderman 23 wants. But that same transparency is aided by 24 his Minority Leader, who he admitted is in 25 that closed-door meeting right now. So I'm Candyco Transcription Service, Inc. (518) 371-8910 1223 1 not quite sure what the point was. 2 And to suggest that we should do an 3 entire budget before we do this -- everybody 4 wants to do an entire budget. And that's what 5 people are working toward at this time. So I 6 would hope that the remainder of this budget 7 process is no longer how long it takes, but

8 that everybody participate and not try this 9 gamesmanship that does nothing other than 10 delay the proceedings and put fear in those it 11 affects if the bill does not get passed. 12 I vote in the affirmative. 13 ACTING PRESIDENT GRIFFO: Senator 14 DeFrancisco will be recorded in the 15 affirmative. 16 Senator Robach, to explain his 17 vote. 18 SENATOR ROBACH: Yes, 19 Mr. President, let me rise to vote yes. 20 I do agree that we're all here and 21 there is some frustration. I want to 22 negotiate school aid that's good for the 23 districts I represent, economic development 24 packages, things that are important. Property 25 tax relief initiatives. And that is all Candyco Transcription Service, Inc. (518) 371-8910 1224 1 critically important. 2 But equally important is truly that 3 we do our job and live up to our 4 responsibility. This is related to the 5 budget. If we don't get it done for our lack 6 of agreement, to punish those people that work 7 in government, contract with the government -8 whether they're taking care of handicapped 9 kids, everyday citizens, whatever it may be -10 would just be wrong.

11 So I'm glad we're here joining the 12 Assembly on doing this. There was questions 13 on what the priorities were in this. This is 14 the emergency bill sent to us by the Governor 15 of New York State that everybody in this 16 Senate should be voting for, since we don't 17 have agreement on this budget, to keep 18 government going. I think not doing that 19 would be pragmatically wrong, even morally 20 wrong not to do that. 21 So while all of our colleagues from 22 the other side of the aisle have not joined 23 us, it is good that we have enough votes here 24 today -- I'm proud to say everyone on this 25 side of the aisle -- to keep going and do the Candyco Transcription Service, Inc. (518) 371-8910 1225 1 right thing. I vote in the affirmative. 2 ACTING PRESIDENT GRIFFO: Senator 3 Robach to be recorded in the affirmative. 4 Senator Schneiderman, to explain 5 his vote. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Mr. President, to explain my vote. 8 I obviously am having trouble 9 communicating with my colleagues on the other 10 side of the aisle. When I spoke earlier today 11 I made it very clear that our objection to the 12 proceeding here is the fact that we didn't get 13 an active list, as we always have in the nine

14 years I've been here on a session day, the 15 night before or this morning. 16 I objected to the fact that on the 17 budget process -- we are here passing, ladies 18 and gentlemen, an emergency pay bill because 19 the budget process has failed and we haven't 20 passed a budget. Your side of the aisle, oh 21 great and righteous ladies and gentlemen, has 22 not included our staff in meetings -23 ACTING PRESIDENT GRIFFO: Senator 24 Skelos, why do you rise? 25 SENATOR SCHNEIDERMAN: -- your Candyco Transcription Service, Inc. (518) 371-8910 1226 1 side of the aisle has not included our leader 2 in meetings. You know this. The process has 3 broken down. Our objection -4 SENATOR SKELOS: Senator 5 Schneiderman, will you yield for a question? 6 SENATOR SCHNEIDERMAN: I'm 7 explaining my vote. I don't believe I can 8 yield for a question at this time. 9 SENATOR SKELOS: You're right. 10 SENATOR SCHNEIDERMAN: Mr. 11 President, if I may finish without 12 interruption. Our conference is ready to 13 work -14 ACTING PRESIDENT GRIFFO: Senator 15 Skelos, do you have a point of order? 16 SENATOR SCHNEIDERMAN: We were

17 here, many of us, over the weekend. We stand 18 at the call of our leader. Senator Smith has 19 attempted to reach out to Senator Bruno on 20 numerous occasions. 21 But make it clear, we have said our 22 priority is budget bills. We are here to 23 ensure that this pay bill gets passed. You 24 know, this business of, oh, you're not here -25 we're here. We're just not here for other Candyco Transcription Service, Inc. (518) 371-8910 1227 1 nonsense, other bills that we don't have 2 notice of, and other bills that pass through 3 this nontransparent, undemocratic process. 4 I vote yes, Mr. President. And I 5 hope everyone looks in the mirror and takes 6 responsibility for their own part in this 7 broken process this year. 8 Thank you. 9 ACTING PRESIDENT GRIFFO: Senator 10 Schneiderman to be recorded in the 11 affirmative. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 just to explain my vote quickly. 15 We're doing our job by voting on 16 legislation, and unfortunately many members of 17 the Minority have chosen not to be here. I 18 thank you, Senator Kruger, Carl Kruger, for 19 being here at the beginning, and you too,

20 Senator Schneiderman. And a few individuals 21 happened to find their way in a little bit 22 late, once they became concerned that they 23 were going to be voted perhaps absent. 24 But, Senator Schneiderman, to talk 25 about a failure of government and all that, I Candyco Transcription Service, Inc. (518) 371-8910 1228 1 think that Governor Paterson would be very 2 disappointed in you in the statement that you 3 just made. Here's an individual that came 4 into office upon the resignation of Governor 5 Spitzer, at a very difficult time. And 6 certainly I think it's been appropriate that 7 he be given the opportunity to negotiate a 8 budget. 9 And I think, all in all, both 10 houses are doing pretty well. The Governor, 11 both majorities, minorities have been included 12 in the negotiations. And for you to stand 13 here and decry the procedures and everything 14 as you do every year I think is unfair to 15 Governor Paterson. 16 I vote aye. 17 ACTING PRESIDENT GRIFFO: Senator 18 Skelos to be recorded in the affirmative. 19 Senator Hassell-Thompson, to 20 explain her vote. 21 SENATOR HASSELL-THOMPSON: Thank 22 you, Mr. President. I rise to explain my

23 vote. 24 I will in fact be voting yes. I 25 think I want to go on the record, however, as Candyco Transcription Service, Inc. (518) 371-8910 1229 1 saying that I take exception to the aspersion 2 that has been cast upon me and my colleagues 3 in the Democratic Senate. 4 I've been here eight years, and 5 I've seen each side of this aisle take 6 techniques and strategies that they think will 7 gain them advantage. And it's interesting how 8 when you have the opportunity to play to the 9 camera and to the audience, of course the 10 other guy is always such a bad guy. 11 Well, those of us who came to vote 12 understand very clearly the importance of 13 making sure that those who serve us in this 14 state -- and serve us very well -- should get 15 paid. That was the reason. And I don't have 16 to be ashamed of the fact that I rebelled 17 against a process that is exclusionary. And 18 if it excludes me, then I don't have to 19 appear. But I think that standing close to 20 7 feet tall, it's a little difficult for me to 21 hide. 22 I face up to my responsibility and 23 my obligation. And I didn't come not to be 24 absent. Because if I'm absent, the few times 25 in the eight years that I've been here,

Candyco Transcription Service, Inc. (518) 371-8910 1230 1 believe me, my constituents are very aware of 2 why I'm absent, and when I vote no, because I 3 explain why it's in the best interests of my 4 constituents to vote no. 5 The way in which you proceed in 6 these chambers are always to a certain 7 advantage. But unfortunately, it's never to 8 the advantage of the people of the State of 9 New York. And as stakeholders, I think that 10 you ought to be ashamed -- not me, but you 11 should be ashamed of the way you carry on and 12 conduct yourself in these chambers. 13 I thank you. 14 ACTING PRESIDENT GRIFFO: Senator 15 Hassell-Thompson, how do you vote? 16 SENATOR HASSELL-THOMPSON: I vote 17 in the affirmative. 18 ACTING PRESIDENT GRIFFO: Senator 19 Hassell-Thompson to be recorded in the 20 affirmative. 21 Senator Libous, to explain his 22 vote. 23 SENATOR LIBOUS: Thank you, 24 Mr. President. I too want to explain my vote. 25 And I stand here with my Candyco Transcription Service, Inc. (518) 371-8910 1231 1 colleagues, all 32 on this side of the aisle,

2 to vote on this emergency bill that will help 3 our hardworking, dedicated workers get paid. 4 But I have to tell you, at 3:30 5 when there was a quorum call, this bill 6 wouldn't have passed. This bill wouldn't have 7 passed because there were only two Democrats 8 in the chamber at the time. 9 And, you know, I think -- I find it 10 very interesting that my colleagues who have 11 drifted in -- and I congratulate them for 12 drifting in -- but for those who have drifted 13 in all of a sudden become somewhat offensive, 14 because many, if not the majority, of their 15 colleagues refused to be here to do their job 16 today. And that job is to vote on the bill to 17 make sure that the state workers get paid. 18 Now, as I look across the aisle, 19 Mr. President -- and in all due respect to my 20 colleague Senator Schneiderman, who said that 21 the Democrat minority is here to work, I see 22 quite a few empty chairs. Now, unless these 23 are invisible beings that are actually going 24 to take up a vote, I would say that the 25 majority of their conference is not here to Candyco Transcription Service, Inc. (518) 371-8910 1232 1 work. 2 So therefore, on this bill that I'm 3 going to vote aye on that will pay the state 4 workers of this state, I tend to disagree with

5 some of the comments, as my colleagues explain 6 their votes, in saying that their conference 7 on the Democratic side was here. Because at 8 3:30, when there was a quorum call in this 9 house, there were only three members here. 10 I vote aye. 11 ACTING PRESIDENT GRIFFO: Senator 12 Libous to be recorded in the affirmative. 13 Senator Diaz, to explain his vote. 14 SENATOR DIAZ: Thank you, 15 Mr. President. 16 I honestly would like to say that 17 I'm not here to blame anybody, call shame 18 there or shame here. 19 I think that we in the Democratic 20 conference, Mr. President, the members, we are 21 being -- since we got here since 2 o'clock, we 22 have been involved in a very, very intense 23 negotiation and starting of the budget. So it 24 is not -- you know, to call -- to say that we 25 are not responsible is not -- that's not the Candyco Transcription Service, Inc. (518) 371-8910 1233 1 truth. We have been negotiating. As of now 2 there are members that are not here now 3 because there are negotiations to be done, and 4 people are really, really in a very, very 5 serious, very important and very intense 6 negotiation. 7 So I'm here, we're here. And of

8 course we don't want people to be left without 9 getting paid. And that's why we came, because 10 we want to get paid. We don't want them to 11 pay for the failures of the leadership. So we 12 don't want them to pay for that. So we're 13 here to be sure that they get paid. 14 But on the other hand, the 15 negotiations that we in the Democratic 16 conference have been doing today, I am so 17 proud, I am so honored of myself -- and by the 18 way, Mr. President, all my colleagues here 19 know when I have to speak or say something or 20 vote, I don't vote Democrat, I don't vote 21 Republican, I don't vote Communist, I don't 22 vote Independent, I vote with my conscience 23 what I believe. I don't care who else 24 believes. 25 So I'm not playing politics. We Candyco Transcription Service, Inc. (518) 371-8910 1234 1 trying to do the best for our community. And 2 because the workforce of New York State needs 3 to get paid, I'm voting proudly yes. 4 Thank you. 5 ACTING PRESIDENT GRIFFO: Senator 6 Diaz to be recorded in the affirmative. 7 Senator Stachowski, to explain his 8 vote. 9 SENATOR STACHOWSKI: Yes, 10 Mr. President. I'd just like to rise and say

11 that I'm here also to support this bill. 12 I find it interesting that we're 13 pointing out how this almost didn't pass on 14 time and people almost didn't get paid on 15 time. And it's interesting because, first of 16 all, then they're mentioning that at 3:15 or 17 3:30 this bill would have not passed. Well, 18 at 3:30 this bill wasn't on the calendar yet. 19 And if I'm not mistaken, I got a 20 call this morning saying "Would you have any 21 problem with this bill going from Finance to 22 the floor without going through Rules and 23 without going through extra -- jumping through 24 extra hoops," and I said absolutely not. 25 And so that I find it difficult for Candyco Transcription Service, Inc. (518) 371-8910 1235 1 some people to get up and lecture and talk 2 about how this bill almost didn't pass. Well, 3 that's interesting, but it's not -- it doesn't 4 hold any water. It's kind of confusing. 5 The fact is that nobody felt that 6 way last week when we had a pay bill for the 7 rest of the people and we had the bill and the 8 message on the floor at 3:00 something. It 9 had to pass by 7:00. Well, we didn't come in 10 until well after 7:00, and everybody got their 11 paycheck a day late. 12 Now, normally that wouldn't make a 13 difference unless you're a single mom and you

14 have a lot of bills that were due and now 15 you've got late fees because you were a day 16 late paying your bills. 17 And that wasn't a concern last 18 week. I don't know why it wasn't a concern, 19 but it was not a concern. This week it's a 20 concern. 21 The fact is there's enough people 22 here to pass it. Close doesn't mean anything; 23 "horseshoes and hand grenades" I think is the 24 old thing I used to hear. 25 And I also am bothered when someone Candyco Transcription Service, Inc. (518) 371-8910 1236 1 gets up and they don't lecture me, they kind 2 of get insulting when they're telling us we 3 don't care and "I want to debate you in front 4 of a television camera" and "you don't care 5 about these people and you don't care about 6 those people." 7 Well, that may be your opinion, but 8 we're here, we're voting, the bill will pass, 9 and it's not necessary in the process to be 10 insulting. It's okay to gain political 11 advantage. It's okay to say what you have to 12 say in defense of why you're voting. But you 13 don't have to beat, excessively, people in a 14 manner that isn't -- as a matter of fact isn't 15 becoming on the Senate floor. 16 And if you want to do that, that's

17 fine. That's your prerogative. And I'm not 18 picking anybody out in particular, but some 19 people chose to do that. And I just don't 20 think that this chamber is the place for that. 21 From the day I got here, I've always had great 22 respect for this chamber and this institution, 23 and I would wish that everybody else had the 24 same respect and feelings for this place. 25 Anyway, that's basically my Candyco Transcription Service, Inc. (518) 371-8910 1237 1 explanation. I'm happy that I'm here in time 2 to vote. Nobody wants to see government shut 3 down. And it would have been nice if we had 4 the same drive and desire to make sure 5 everybody got paid -6 ACTING PRESIDENT GRIFFO: How do 7 you vote, Senator Stachowski? 8 SENATOR STACHOWSKI: -- on time 9 last week. 10 I vote yes. Thank you. 11 ACTING PRESIDENT GRIFFO: Senator 12 Stachowski to be recorded in the affirmative. 13 Senator Parker, to explain his 14 vote. 15 SENATOR PARKER: Mr. President, 16 to explain my vote. 17 I'm happy to have an opportunity to 18 vote in the affirmative on this bill. I want 19 to join my colleagues, all of you here, in

20 just saying that I'm glad that we're finally 21 doing this. 22 But we also ought to be very clear 23 that the reason why we're doing this, an 24 emergency bill, is because we have failed to 25 meet our collective responsibility of passing Candyco Transcription Service, Inc. (518) 371-8910 1238 1 a budget on time. Which is why an emergency 2 bill is necessary. 3 It is ridiculous, ridiculous to in 4 fact blame the new Governor on this or to say 5 that anything that we do in any way reflects 6 on the Governor. We have a new Governor who's 7 been here less than a month. He did his part, 8 which was resubmission of an Executive Budget, 9 and it's now the Legislature's part. 10 Your leader on the other side of 11 the aisle is fond of talking about how we are 12 a separate branch of government. And you're 13 right, we are. But it's our part now to 14 actually pass the budget, not the Governor's 15 part. The Governor did his part. There was 16 an Executive Budget, there was a resubmission 17 of the Executive Budget. The Governor even 18 came in and bailed you guys out by saying he'd 19 take on the 2 percent, and did his job in 20 doing that. 21 So -- but what did you do? No, you 22 closed budget subcommittee meetings without

23 resolving even the piddly amount of money that 24 were given to our tables, because you did not 25 want to agree with reducing the amount of Candyco Transcription Service, Inc. (518) 371-8910 1239 1 money that we were spending. 2 Because the reality is that we're 3 in tough fiscal times. And we all need to 4 share the burdens and at the same time make 5 sure we're not balancing the budget on the 6 backs of our constituents and the least of 7 those. 8 So we're here to pass an emergency 9 budget bill that I agree with and I'm voting 10 aye on. But be clear that this has been a 11 failure for us to get an on-time budget. And 12 certainly no one in this chamber ought to be 13 standing up high and mighty like they're doing 14 something great when we should have resolved 15 this a week ago, literally. 16 And so, Mr. President, I'm voting 17 aye, and I'm hoping that in the future we find 18 a way to get the budget done on time. 19 ACTING PRESIDENT GRIFFO: Senator 20 Parker to be recorded in the affirmative. 21 Senator Adams, to explain his vote. 22 SENATOR ADAMS: Yes, to explain 23 my vote briefly in my two minutes. 24 First of all, in my short stint 25 here, on both sides of the aisle I don't think

Candyco Transcription Service, Inc. (518) 371-8910 1240 1 I've found a greater group of men and women 2 that represent their state. And I think the 3 level of passion that we bring on the floor is 4 our concern and desire to ensure that our 5 constituents are able to continue to have a 6 decent form of living, a decent form of life. 7 And I would not participate in 8 pointing fingers across any side of the aisle 9 when it comes down to that level of 10 commitment. I know I'm committed. And I 11 believe when we leave our primary and our 12 general elections and we step on this floor, 13 our commitment is to the people of this state. 14 And I do not subscribe to any 15 theory of any newspaper that says we are 16 dysfunctional in our desire to commit and live 17 up to that commitment. I vote aye, and I'm 18 glad to see that we will be able to allow our 19 employees of this state to continue to be 20 paid. 21 Thank you. 22 ACTING PRESIDENT GRIFFO: Senator 23 Adams to be recorded in the affirmative. 24 Senator Hannon, to explain his 25 vote. Candyco Transcription Service, Inc. (518) 371-8910 1241 1 SENATOR HANNON: I'd just like to

2 recall to people's minds, because there's been 3 a little bit of shifting of what the facts 4 are, what we're doing right now. 5 This is a bill is that is a 6 Governor's program bill. It's labeled 7 "Program Bill Number 50," Senate 7473. This 8 means the Governor wrote it. This means it 9 came in from the Governor's counsel's office. 10 SENATOR SKELOS: At 12:00 noon. 11 SENATOR HANNON: This means we 12 got it at, the Majority Leader informs me, 13 12:00 noon. 14 We were doing our job because we 15 were told that there were services that are 16 vital for residents of this state to receive 17 from people that are paid from this bill. We 18 were here at 3 o'clock, at the appointed hour, 19 and there was nobody but Senator Schneiderman 20 on the other side. 21 He then suggested that we call a 22 quorum. There were 32 votes for the quorum -23 no, I'm sorry, there were 34. There were two 24 members of the Minority. That meant we could 25 not pass an emergency bill. Candyco Transcription Service, Inc. (518) 371-8910 1242 1 You know what? We were doing our 2 job. Any suggestion otherwise is totally 3 inappropriate. 4 I vote aye.

5 ACTING PRESIDENT GRIFFO: Senator 6 Hannon to be recorded in the affirmative. 7 Is there any other Senator wishing 8 to be heard? 9 Announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 716: Ayes, 45. Nays, 0. 12 Absent from voting: Senators 13 Breslin, Connor, Dilan, Duane, Gonzalez, 14 Huntley, Klein, L. Krueger, Montgomery, 15 Oppenheimer, Perkins, Sabini, Sampson, Savino, 16 Serrano, Stavisky and Thompson. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could return to the regular calendar, I 22 believe two bills were laid aside temporarily. 23 If we could take up Calendar Number 24 335, by Senator Little. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 1243 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 335, by Senator Little, Senate Print 6856A, an 4 act to authorize the County of Washington. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 3. This

8 act shall take effect immediately. 9 ACTING PRESIDENT GRIFFO: There 10 is a home-rule message at the desk. 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 45. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 SENATOR SKELOS: Mr. President. 17 ACTING PRESIDENT GRIFFO: Senator 18 Skelos. 19 SENATOR SKELOS: Calendar 354, by 20 Senator Morahan, was laid aside temporarily. 21 If we could bring it up at this time. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 354, by Senator Morahan, Senate Print 6817, an Candyco Transcription Service, Inc. (518) 371-8910 1244 1 act to amend the Mental Hygiene Law and 2 Chapter 568 of the Laws of 2005. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 45.

11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could stand at ease, at the call of the 16 Majority Leader. 17 ACTING PRESIDENT GRIFFO: The 18 Senate stands at ease, at the call of the 19 Majority Leader. 20 (Whereupon, the Senate stood at 21 ease at 5:14 p.m.) 22 (Whereupon, the Senate reconvened 23 at 6:20 p.m.) 24 ACTING PRESIDENT HANNON: Senator 25 Skelos. Candyco Transcription Service, Inc. (518) 371-8910 1245 1 SENATOR SKELOS: Mr. President, 2 the Senate will stand adjourned until Tuesday, 3 April 8th, at 11:00 a.m. And that's in the 4 form of a motion. 5 ACTING PRESIDENT HANNON: Any 6 objection? So adopted. 7 SENATOR SKELOS: Thank you. 8 ACTING PRESIDENT HANNON: On 9 motion, the Senate stands adjourned until 10 Tuesday, April 8th, at 11:00 a.m. 11 (Whereupon, at 6:21 p.m., the 12 Senate adjourned.) 13

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