Regular Session - June 28, 2010

                                                            6960



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 28, 2010

        11                       2:45 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24

        25



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       Senate will please come to order.

         3                  I ask everyone all to rise and

         4       repeat with me the Pledge of Allegiance.

         5                  (Whereupon, the assemblage recited

         6       the Pledge of Allegiance to the Flag.)

         7                  ACTING PRESIDENT BRESLIN:    In the

         8       absence of clergy, may we bow our heads for a

         9       moment of silence.

        10                  (Whereupon, the assemblage

        11       respected a moment of silence.)

        12                  ACTING PRESIDENT BRESLIN:    The

        13       reading of the Journal.

        14                  The Secretary will read.

        15                  THE SECRETARY:    In Senate,

        16       Sunday, June 27, the Senate met pursuant to

        17       adjournment.  The Journal of Saturday,

        18       June 26, was read and approved.  On motion,

        19       Senate adjourned.

        20                  ACTING PRESIDENT BRESLIN:

        21       Without objection, the Journal stands approved

        22       as read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  Reports of standing committees.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       believe there are substitutions at the desk.

         9       I ask that we make the substitutions at this

        10       time.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       Secretary will read.

        13                  THE SECRETARY:    On page 7,

        14       Senator Stavisky moves to discharge, from the

        15       Committee on Rules, Assembly Bill Number 3923C

        16       and substitute it for the identical Senate

        17       Bill Number 1538E, Third Reading Calendar 139.

        18                  ACTING PRESIDENT BRESLIN:

        19       Substitution ordered.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       believe there's a resolution at the desk by

        23       Senator Savino.  I ask that the title of the

        24       resolution be read and move for its immediate

        25       adoption.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Klein, has this resolution been deemed

         3       privileged and submitted to the office of the

         4       Temporary President?

         5                  SENATOR KLEIN:    Yes, it has,

         6       Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Savino, Senate resolution authorizing the

        11       Temporary President of the Senate to file an

        12       election to make certain officers or employees

        13       of the Senate eligible for the retirement

        14       incentive offered by Part B of Chapter 105 of

        15       the Laws of 2010.

        16                  ACTING PRESIDENT BRESLIN:    The

        17       question is on the resolution.  All those in

        18       favor please signify by saying aye.

        19                  Senator Libous.

        20                  SENATOR LIBOUS:    Thank you,

        21       Mr. President.  Mr. President, I would ask for

        22       unanimous consent to have a fast roll call and

        23       a recorded vote on this resolution, please.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, I

         2       have no objection.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       Secretary will call the roll.  All Senators

         5       wishing to be counted as a no vote on this

         6       resolution please raise your hands.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Announce the results.

        10                  THE SECRETARY:    Those recorded in

        11       the negative on Senate Resolution 6244 are

        12       Senators Alesi, Bonacic, DeFrancisco, Farley,

        13       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        14       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        15       Libous, Little, Marcellino, Maziarz, McDonald,

        16       Nozzolio, Padavan, Ranzenhofer, Robach,

        17       Saland, Seward, Skelos, Volker, Winner and

        18       Young.

        19                  Ayes, 32.  Nays, 29.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       resolution is adopted.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       believe there's another resolution at the desk

        25       by Senator Savino.  I ask that the title of



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         1       the resolution be read and move for its

         2       immediate adoption.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Klein, has this resolution been deemed

         5       privileged and submitted to the office of the

         6       Temporary President?

         7                  SENATOR KLEIN:    Yes, it has,

         8       Mr. President.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator

        12       Savino, Senate resolution authorizing the

        13       Temporary President of the Senate to file an

        14       election to make certain officers or employees

        15       of the Senate eligible for the retirement

        16       incentive offered by Part A of Chapter 105 of

        17       the Laws of 2010.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       question is on the resolution.  All those in

        20       favor please signify by saying aye.

        21                  (Response of "Aye.")

        22                  SENATOR LIBOUS:    Mr. President.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Libous.

        25                  SENATOR LIBOUS:    Thank you for



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         1       recognizing me, Mr. President.

         2                  Could I ask for unanimous consent

         3       to have a fast roll call and a recorded vote

         4       on this particular resolution?

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       have no objection.

         9                  ACTING PRESIDENT BRESLIN:

        10                  SENATOR LIBOUS:    Thank you,

        11       Mr. President.

        12                  ACTING PRESIDENT BRESLIN:    Thank

        13       you, Senator Libous.

        14                  The Secretary will call the roll.

        15       All Senators wishing to be counted as a no

        16       vote on this resolution please signify by

        17       raising your hand.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT BRESLIN:

        20       Announce the results.

        21                  THE SECRETARY:    Those recorded in

        22       the negative on Senate Resolution 6245 are

        23       Senators Alesi, Bonacic, DeFrancisco, Farley,

        24       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        25       O. Johnson, Lanza, Larkin, LaValle, Leibell,



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         1       Libous, Little, Marcellino, Maziarz, McDonald,

         2       Nozzolio, Padavan, Ranzenhofer, Robach,

         3       Saland, Seward, Skelos, Volker, Winner and

         4       Young.

         5                  Ayes, 32.  Nays, 29.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       resolution is adopted.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe there's another resolution at the desk

        11       by Senator Savino.  I ask that the title of

        12       the resolution be read and move for its

        13       immediate adoption.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Klein, has this resolution been deemed

        16       privileged and submitted to the office of the

        17       Temporary President?

        18                  SENATOR KLEIN:    Yes, it has,

        19       Mr. President.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Savino, Concurrent Resolution of the Senate

        24       and Assembly authorizing the Temporary

        25       President of the Senate and the Speaker of the



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         1       Assembly to file an election to make certain

         2       officers and employees of joint legislative

         3       employers eligible for the retirement

         4       incentive offered by Part B of Chapter 105 of

         5       the Laws of 2010.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       Secretary will call the roll on this

         8       concurrent resolution.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Announce the results.

        12                  THE SECRETARY:    Those recorded in

        13       the negative on Concurrent Resolution Number

        14       6246 are Senators Alesi, Bonacic, DeFrancisco,

        15       Farley, Flanagan, Fuschillo, Golden, Griffo,

        16       Hannon, O. Johnson, Lanza, Larkin, LaValle,

        17       Leibell, Libous, Little, Marcellino, Maziarz,

        18       McDonald, Nozzolio, Padavan, Ranzenhofer,

        19       Robach, Saland, Seward, Skelos, Volker, Winner

        20       and Young.

        21                  Ayes, 32.  Nays, 29.

        22                  ACTING PRESIDENT BRESLIN:    The

        23       resolution is adopted.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, I



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         1       believe Senator Savino has another concurrent

         2       resolution at the desk.  I ask that the title

         3       of the resolution be read and move for its

         4       immediate adoption.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Klein, has this resolution been deemed

         7       privileged and submitted to the office of the

         8       Temporary President?

         9                  SENATOR KLEIN:    Yes, it has,

        10       Mr. President.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       Secretary will read.

        13                  THE SECRETARY:    By Senator

        14       Savino, Concurrent Resolution of the Senate

        15       and Assembly authorizing the Temporary

        16       President of the Senate and the Speaker of the

        17       Assembly to file an election to make certain

        18       officers and employees of joint legislative

        19       employers eligible for the retirement

        20       incentive offered by Part A of Chapter 105 of

        21       the Laws of 2010.

        22                  ACTING PRESIDENT BRESLIN:    The

        23       Secretary will call the roll on this

        24       concurrent resolution.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT BRESLIN:

         2       Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on Concurrent Resolution Number

         5       6247 are Senators Alesi, Bonacic, DeFrancisco,

         6       Farley, Flanagan, Fuschillo, Golden, Griffo,

         7       Hannon, O. Johnson, Lanza, Larkin, LaValle,

         8       Leibell, Libous, Little, Marcellino, Maziarz,

         9       McDonald, Nozzolio, Padavan, Ranzenhofer,

        10       Robach, Saland, Seward, Skelos, Volker, Winner

        11       and Young.

        12                  Ayes, 32.  Nays, 29.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       resolution is adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President,

        17       there will be an immediate meeting of the

        18       Finance Committee, followed by a meeting of

        19       the Rules Committee in the Majority Conference

        20       Room.

        21                  Pending the return of the Rules

        22       Committee, may we please stand at ease.

        23                  ACTING PRESIDENT BRESLIN:    There

        24       will be an immediate meeting of the Finance

        25       Committee, followed by an immediate meeting of



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         1       the Rules Committee in Room 332.

         2                  Pending the return of the Rules

         3       Committee, the Senate will stand at ease.

         4                  (Whereupon, the Senate stood at

         5       ease at 3:00 p.m.)

         6                  (Whereupon, the Senate reconvened

         7       at 3:39 p.m.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, if

        11       we can briefly return to motions and

        12       resolutions.

        13                  ACTING PRESIDENT BRESLIN:

        14       Returning to motions and resolutions.

        15                  SENATOR KLEIN:    Mr. President, on

        16       behalf of Senator Parker, I wish to call up

        17       Print Number 3601C, recalled from the

        18       Assembly, which is now at the desk.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       298, by Senator Parker, Senate Print 3601C, an

        23       act to amend the Social Services Law.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, I

         2       now move to reconsider the vote by which this

         3       bill was passed.

         4                  ACTING PRESIDENT BRESLIN:    Call

         5       the roll on reconsideration.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 61.

         8                  SENATOR KLEIN:    Mr. President, I

         9       now offer the following amendments.

        10                  ACTING PRESIDENT BRESLIN:

        11       Amendments received.

        12                  SENATOR KLEIN:    Mr. President, on

        13       behalf of Senator Stachowski, I wish to call

        14       up Print Number 7865, recalled from the

        15       Assembly, which is now at the desk.

        16                  ACTING PRESIDENT BRESLIN:    The

        17       Secretary will read.

        18                  THE SECRETARY:    Calendar Number

        19       1112, by Senator Stachowski, Senate Print

        20       7865, an act to amend the Executive Law.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       now move to reconsider the vote by which this

        25       bill was passed.



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         1                  ACTING PRESIDENT BRESLIN:    Call

         2       the roll on reconsideration.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       now offer the following amendments.

         9                  ACTING PRESIDENT BRESLIN:

        10       Amendments received.

        11                  SENATOR KLEIN:    Mr. President, on

        12       behalf of Senator L. Krueger, on page 28 I

        13       offer the following amendments to Calendar

        14       Number 930, Senate Print Number 4778B, and ask

        15       that said bill retain its place on Third

        16       Reading Calendar.

        17                  ACTING PRESIDENT BRESLIN:    So

        18       ordered.

        19                  SENATOR KLEIN:    On behalf of

        20       Senator Perkins, on page number 12 I offer the

        21       following amendments to Calendar Number 317,

        22       Senate Print Number 5057A.

        23                  ACTING PRESIDENT BRESLIN:    So

        24       ordered.

        25                  SENATOR KLEIN:    On behalf of



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         1       Senator Savino, on page 17 I offer the

         2       following amendments to Calendar Number 547,

         3       Senate Print Number 2978A, and ask that said

         4       bill retain its place on Third Reading

         5       Calendar.

         6                  ACTING PRESIDENT BRESLIN:    So

         7       ordered.

         8                  SENATOR KLEIN:    Mr. President,

         9       can you please recognize Senator Libous.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Libous.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  On behalf of Senator Fuschillo, on

        15       page number 33 I offer the following

        16       amendments to Calendar Number 1277, Senate

        17       Print 8121, and ask that said bill retain its

        18       place on the Third Reading Calendar.

        19                  ACTING PRESIDENT BRESLIN:    So

        20       ordered.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President, I

        23       believe there's a report of the Rules

        24       Committee at the desk.  I move we adopt the

        25       report at this time.



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         1                  ACTING PRESIDENT BRESLIN:    There

         2       is, Senator Klein, a report of the Rules

         3       Committee at the desk.

         4                  The Secretary will read.

         5                  THE SECRETARY:    Senator Smith,

         6       from the Committee on Rules, reports the

         7       following bills:

         8                  Senate Print 6601A, Senate Budget

         9       Bill, an act making appropriations for the

        10       support of government:  LEGISLATURE AND

        11       JUDICIARY BUDGET;

        12                  6603B, Senate Budget Bill, an act

        13       making appropriations for the support of

        14       government:  EDUCATION, LABOR AND FAMILY

        15       ASSISTANCE BUDGET;

        16                  6604B, Senate Budget Bill, an act

        17       making appropriations for the support of

        18       government:  HEALTH AND MENTAL HYGIENE BUDGET;

        19                  6607B, Senate Budget Bill, an act

        20       to amend the Education Law;

        21                  6608B, Senate Budget Bill, an act

        22       to amend the Public Health Law;

        23                  6610B, Senate Budget Bill, an act

        24       to amend the Tax Law;

        25                  And Senate Print 8381, from the



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         1       Senate Committee on Rules, an act to repeal

         2       Section 25-b of Part A of a chapter of the

         3       Laws of 2010.

         4                  All bills ordered direct to third

         5       reading.

         6                  ACTING PRESIDENT BRESLIN:    All

         7       those in favor of adopting the Rules Committee

         8       report please signify by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT BRESLIN:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       Rules Committee report is adopted.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, at

        17       this time can we please go to a reading of the

        18       supplemental calendar.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1286, Senate Budget Bill, Senate Print 6601A,

        23       an act making appropriations for the support

        24       of government:  LEGISLATURE AND JUDICIARY

        25       BUDGET.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Calendar Number 1286 is high and will be laid

         3       aside for the day.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 1287, Senator C. Kruger moves

         6       to discharge, from the Committee on Rules,

         7       Assembly Bill Number 9703C and substitute it

         8       for the identical Senate Bill Number 6603B,

         9       Third Reading Calendar 1287.

        10                  ACTING PRESIDENT BRESLIN:

        11       Substitution ordered.

        12                  THE SECRETARY:    Calendar Number

        13       1287, Assembly Budget Bill, Assembly Print

        14       Number 9703C, substituted earlier, an act

        15       making appropriations for the support of

        16       government:  EDUCATION, LABOR AND FAMILY

        17       ASSISTANCE BUDGET.

        18                  SENATOR STACHOWSKI:    Lay it

        19       aside.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       1288, Senate Budget Bill, Senate Print 6604B,

        24       an act making appropriations for the support

        25       of government:  HEALTH AND MENTAL HYGIENE



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         1       BUDGET.

         2                  SENATOR STACHOWSKI:    Lay it

         3       aside.

         4                  SENATOR ROBACH:    Lay it aside.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       bill is laid aside.

         7                  THE SECRETARY:    Calendar Number

         8       1289, Senate Budget Bill, Senate Print 6607B,

         9       an act to amend the Education Law.

        10                  SENATOR STACHOWSKI:    Lay it

        11       aside.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       bill is laid aside.

        14                  THE SECRETARY:    Calendar Number

        15       1290, Senate Budget Bill, Senate Print 6608B,

        16       an act to amend the Public Health Law.

        17                  SENATOR DIAZ:    Lay it aside.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is laid aside.

        20                  THE SECRETARY:    Calendar Number

        21       1291, Senate Budget Bill, Senate Print 6610B,

        22       an act to amend the Tax Law.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       bill is high and is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number



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         1       1292, by the Senate Committee on Rules, Senate

         2       Print 8381, an act to repeal Section 25-b of

         3       Part A of a chapter of the Laws of 2010.

         4                  ACTING PRESIDENT BRESLIN:

         5       Calendar Number 1292 is high and is laid aside

         6       for the day.

         7                  Senator Klein, that completes the

         8       reading of the noncontroversial calendar.

         9                  SENATOR KLEIN:    Mr. President,

        10       can we please stand at ease for just a few

        11       moments.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       Senate will stand at ease.

        14                  (Whereupon, the Senate stood at

        15       ease at 3:46 p.m.)

        16                  (Whereupon, the Senate reconvened

        17       at 4:40 p.m.)

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, at

        21       this time I would like to call up Calendar

        22       Number 1287, Senate Print 6603B on the

        23       controversial supplemental calendar.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       Secretary will ring the bell.  Members are



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         1       asked to come to the chamber for the reading

         2       of the controversial supplemental calendar.

         3                  The Secretary will place Calendar

         4       Number 1287 before the house.

         5                  THE SECRETARY:    Calendar Number

         6       1287, substituted earlier today, Assembly

         7       Budget Bill, Assembly Print Number 9703C, an

         8       act making appropriations for the support of

         9       government:  EDUCATION, LABOR AND FAMILY

        10       ASSISTANCE BUDGET.

        11                  SENATOR DeFRANCISCO:

        12       Explanation.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator DeFrancisco has requested an

        15       explanation, Senator Kruger.

        16                  SENATOR CARL KRUGER:    Thank you

        17       very much, Mr. President.

        18                  This budget bill is the Education,

        19       Labor and Family Assistance portion of the

        20       budget.  In principle, the overall impact on

        21       education, labor and family assistance

        22       appropriates $27.6 billion from the General

        23       Fund.  This is $623 million or 2.3 percent

        24       more than was proposed by the Governor and

        25       $29.4 million or 0.1 percent more than the



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         1       state fiscal year of 2009-2010.

         2                  The Education, Labor and Family

         3       Assistance Budget appropriates $61 billion on

         4       an All Funds basis for the state fiscal year

         5       2010-2011.  This is $3.49 billion or 6 percent

         6       more than proposed by the Governor, but

         7       $4.6 billion or 7.5 percent less than state

         8       fiscal year 2009-2010.

         9                  ACTING PRESIDENT BRESLIN:    Thank

        10       you, Senator Kruger.

        11                  Senator DeFrancisco.

        12                  SENATOR DeFRANCISCO:    Would

        13       Senator Kruger yield to a couple of questions.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Kruger, will you yield to a couple of

        16       questions from Senator DeFrancisco?

        17                  SENATOR CARL KRUGER:    Yes, I do,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed.

        21                  SENATOR DeFRANCISCO:    Senator

        22       Kruger, since there's several budget bills --

        23       and I guess that four of them are live for

        24       today, and a couple of them are high -- just

        25       some general questions about the process.



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         1       This particular group of budget bills, if

         2       passed today and tomorrow -- all of them are

         3       on the supplemental calendar -- is it the

         4       position of --

         5                  ACTING PRESIDENT BRESLIN:    Excuse

         6       me, Senator DeFrancisco.

         7                  May we have some quiet, please.

         8       Take your conversations in the hallway.

         9                  SENATOR DeFRANCISCO:    -- is it

        10       the position of the Majority that that would

        11       be a total budget at that point in time?

        12                  SENATOR CARL KRUGER:    Yes, it

        13       would be.

        14                  SENATOR DeFRANCISCO:    Okay.

        15       Senator Kruger, would you yield to another

        16       question?

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Kruger, do you yield?

        19                  SENATOR CARL KRUGER:    Yes, I do,

        20       Mr. President.

        21                  SENATOR DeFRANCISCO:    Does that

        22       mean we have met a critical mass?

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Kruger.

        25                  SENATOR CARL KRUGER:    Through



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         1       you, Mr. President, we've met a critical mass.

         2       I've looked through my crystal ball and every

         3       other acronym that you might want to come up

         4       that I've used through this tortured process.

         5                  SENATOR DeFRANCISCO:    All right.

         6       Now, Senator Kruger, would you yield to

         7       another question?

         8                  SENATOR CARL KRUGER:    Yes, I do,

         9       Mr. President.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Kruger continues to yield.

        12                  SENATOR DeFRANCISCO:    Assuming

        13       all of these budget bills pass, is it the

        14       position of the Majority that this will be a

        15       balanced budget where the revenues would be

        16       sufficient to pay the cost of government as

        17       set forth in these budget bills?

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Kruger.

        20                  SENATOR CARL KRUGER:    Through

        21       you, Mr. President, as Molly Goldberg would

        22       say, "What a question."  Of course.

        23                  SENATOR DeFRANCISCO:    That was

        24       before my time.

        25                  SENATOR CARL KRUGER:    Not before



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         1       mine.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator DeFrancisco.

         4                  SENATOR DeFRANCISCO:    Would

         5       Senator Kruger yield to another question.

         6                  ACTING PRESIDENT BRESLIN:    Do you

         7       continue to yield?

         8                  SENATOR CARL KRUGER:    Yes, I do,

         9       Mr. President.

        10                  ACTING PRESIDENT BRESLIN:    You

        11       may proceed.

        12                  SENATOR DeFRANCISCO:    Now, the

        13       Governor has made a substantial point about

        14       the FMAP money, the billion dollars that is

        15       being anticipated.  Is that billion dollars

        16       that's being anticipated, is that included in

        17       the Majority's budget in order to balance the

        18       budget?

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger.

        21                  SENATOR CARL KRUGER:    Through

        22       you, Mr. President, yes.

        23                  SENATOR DeFRANCISCO:    Would

        24       Senator Kruger yield to another question.

        25                  ACTING PRESIDENT BRESLIN:    Do you



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         1       continue to yield?

         2                  SENATOR CARL KRUGER:    Yes, I do,

         3       Mr. President.

         4                  ACTING PRESIDENT BRESLIN:    You

         5       may proceed.

         6                  SENATOR DeFRANCISCO:    Now, is

         7       there any contingency in this budget of the

         8       Senate majority and the Assembly majority that

         9       would provide for a contingency in case that

        10       FMAP money doesn't come in, in view of the

        11       fact that it seems to be dead and, if alive,

        12       only a portion of it may be voted upon --

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Kruger.

        15                  SENATOR DeFRANCISCO:    -- by the

        16       federal government?

        17                  SENATOR CARL KRUGER:    Through

        18       you, Mr. President.  Obviously we can't deal

        19       with speculation and conjecture.  The budget

        20       is balanced based upon using the FMAP as we

        21       know it to be.  There is no actual contingency

        22       plan in the budget should it not be, but that

        23       is an unanticipated situation.

        24                  SENATOR DeFRANCISCO:    Senator

        25       Kruger, could you tell me if the majority



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         1       party in each house has gotten any kind of

         2       indication that it is likely that this

         3       $1 billion of FMAP money will be available?

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Kruger, do you continue to yield?

         6                  SENATOR CARL KRUGER:    Through

         7       you, Mr. President.  Once again, we have faith

         8       and confidence that our Congressional

         9       delegation, which includes Senator Gillibrand

        10       and Senator Schumer, have a keen understanding

        11       of the importance of that money being part of

        12       our budget plan, our fiscal plan.  And based

        13       upon that, that's the representation that's

        14       being made.

        15                  SENATOR DeFRANCISCO:    Would

        16       Senator Kruger yield to another question.

        17                  SENATOR CARL KRUGER:    Yes, I do,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger yields.

        21                  SENATOR DeFRANCISCO:    Senator

        22       Kruger, assuming that this entire budget

        23       passes today and tomorrow, the legislative

        24       budget, can you tell me what the total amount

        25       of spending -- that means All Funds



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         1       spending -- would be for this year, this

         2       budget year coming up that's covered by this

         3       budget?

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Kruger.

         6                  SENATOR CARL KRUGER:    Through

         7       you, Mr. President, no, we do not have the

         8       number.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator DeFrancisco.

        11                  SENATOR DeFRANCISCO:    Senator

        12       Kruger, would you yield to another question?

        13                  SENATOR CARL KRUGER:    Yes, I do,

        14       Mr. President.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Kruger yields.

        17                  SENATOR DeFRANCISCO:    Senator

        18       Kruger, if you don't know the total amount of

        19       spending in this budget, how do you know the

        20       budget is balanced by the amount of revenues

        21       that are projected from the revenue bill

        22       that's going to be voted on later?

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Kruger.

        25                  SENATOR CARL KRUGER:    Through



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         1       you, Mr. President, we will compute the

         2       number, the spending plan, as well as the

         3       revenue plan, and I will have those numbers

         4       available for you within several hours.

         5                  SENATOR DeFRANCISCO:    Now,

         6       Senator Kruger, would you yield to another

         7       question.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Kruger, do you yield?

        10                  SENATOR CARL KRUGER:    Yes, I do,

        11       Mr. President.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Kruger yields.

        14                  SENATOR DeFRANCISCO:    We've

        15       talked about the 2007 reform bill that has

        16       obviously not been followed the last couple of

        17       years.  But there is a requirement by Section

        18       54A of that bill, sunshine reporting:

        19       "Preceding final action on all such

        20       appropriation bills, members must be provided

        21       with a comprehensive cumulative report

        22       relating to all budget bills and legislation."

        23                  Do we have that right now as we're

        24       about ready to vote for these bills?

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Kruger.

         2                  SENATOR CARL KRUGER:    Through

         3       you, Mr. President.  Well, firstly, since we

         4       haven't voted on all the appropriation bills

         5       yet, then that would be not available.  We

         6       will certainly have it available after all the

         7       appropriation bills are finalized by vote.

         8                  SENATOR DeFRANCISCO:    Would

         9       Senator Kruger yield to another question.

        10                  SENATOR CARL KRUGER:    Yes, I do,

        11       Mr. President.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Kruger yields.

        14                  SENATOR DeFRANCISCO:    So you're

        15       saying that before a vote may be taken on the

        16       budget, we will not have that requirement of

        17       sunshine reporting that's in that reform bill

        18       of 2007.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger.

        21                  SENATOR CARL KRUGER:    Through

        22       you, Mr. President.  Firstly, the document

        23       that you're talking about is for the

        24       appropriation bill.  The final appropriation

        25       bill is high and will not be voted on today.



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         1                  SENATOR DeFRANCISCO:    Will

         2       Senator Kruger yield to another question.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Kruger?

         5                  SENATOR CARL KRUGER:    Yes, I do,

         6       Mr. President.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Kruger yields.

         9                  SENATOR DeFRANCISCO:    Are you

        10       saying that we will have that report, the

        11       sunshine report, prior to voting on the

        12       appropriations bill?

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Kruger.

        15                  SENATOR CARL KRUGER:    Through

        16       you, Mr. President, I don't know whether it's

        17       a sunshine report or a report, but you will

        18       have the information available.

        19                  SENATOR DeFRANCISCO:    Before we

        20       vote on the appropriation bill, is that

        21       correct?

        22                  ACTING PRESIDENT BRESLIN:    Do you

        23       continue to yield, Senator Kruger?

        24                  SENATOR CARL KRUGER:    Yes, I do,

        25       Mr. President.



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         1                  Before the final appropriation

         2       bill, yes.

         3                  SENATOR DeFRANCISCO:    Okay.  In

         4       addition, would you answer another question,

         5       please.

         6                  SENATOR CARL KRUGER:    Yes, I do,

         7       Mr. President.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Kruger yields.

        10                  SENATOR DeFRANCISCO:    The budget

        11       Reform Act of 2007 also requires that before a

        12       vote may be taken on a budget bill, all

        13       members must have a report on their desk that

        14       clearly summarizes the legislative changes to

        15       the executive budget.  And it goes on to

        16       identify revisions in spending, revisions in

        17       revenue, workforce changes.

        18                  In accordance with that reform act,

        19       do we have that document available?

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Kruger.

        22                  SENATOR CARL KRUGER:    Through

        23       you, Mr. President, no.

        24                  SENATOR DeFRANCISCO:    I have

        25       other questions on the appropriations bill,



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         1       but I'll wait to the appropriate time.  I have

         2       no further questions of Senator Kruger.

         3                  On the bill, very briefly.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator DeFrancisco, on the bill.

         6                  SENATOR DeFRANCISCO:    You know,

         7       I've said this before and it sounds like a

         8       broken record.  I'll say it one last time,

         9       maybe.  And that is that we have a legislation

        10       that talks about a certain procedure to make

        11       this process work better.  And we used that

        12       process in 2008 and were successful in a

        13       timely budget, and we provided the documents

        14       that were required when we were in the

        15       majority and so forth.

        16                  This whole bill was ignored last

        17       year.  It was ignored again this year.  And

        18       it's no doubt part of the reason why we have

        19       this problem we're having right now.  And it's

        20       a problem not only in practice or in procedure

        21       but also in some of the things that are going

        22       to happen as a way of -- by these bills,

        23       including the tax increases, the spending

        24       increases and the like.

        25                  And to be put in a position when we



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         1       don't have these reports that are required by

         2       law before we vote on any budget bill is just

         3       simply wrong.

         4                  I read a lot.  I read a lot.  But I

         5       don't read this much in this short a time.

         6       And there's no way anybody can conceivably

         7       analyze each provision of the bill and do it

         8       in a proper way.  And the summaries are there

         9       for that reason, or should be there for that

        10       reason, and it's required by law.

        11                  In addition, I have no idea how

        12       anybody can say that a budget is balanced when

        13       we cannot find out the total spending in the

        14       budget.  Now, does that make any sense to

        15       anybody?  It's balanced, but we can't tell you

        16       how much is being spent; we'll let you know

        17       later.  It makes no sense.

        18                  In addition, the Governor is right

        19       that you can't rely on money that isn't there.

        20       There's restorations being made and no

        21       corresponding revenue or cuts, better yet, to

        22       deal with those increases in spending.  In

        23       fact, Senator Kruger has told us that this

        24       spends 6 percent more than the Governor's

        25       budget.  So there's increases in spending and



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         1       there's no corresponding increases in revenue

         2       sources or, better yet, spending cuts.

         3                  And along these same lines, we are

         4       in a situation where we can't possibly balance

         5       a budget without the two sides spending and

         6       appropriations being the same.

         7                  Lastly, no one believes, truly

         8       believes that the billion dollars in FMAP

         9       money is something we can rely on.  Senator

        10       Kruger says it's speculation to speculate

        11       about whether it comes in or will not come in

        12       or speculate that it might not come in.

        13       That's not speculation.  We should assume it's

        14       not going to come in.  And in the event it

        15       does, then we're in better shape.

        16                  You can't rely on hope that maybe

        17       your family is going to get a second job, one

        18       of the members of the family is going to get a

        19       second job so they can pay additional

        20       spending.  It's the same thing here.  And

        21       especially when the total FMAP plan has been

        22       rejected and a new proposal of about

        23       50 percent of the amount that was originally

        24       thought is being -- was being discussed and

        25       still is tabled.



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         1                  So it's totally unreasonable to be

         2       in a position to rely on that money.  You just

         3       don't do that by sound financial principles.

         4       So for that reason, I'm going to vote no on

         5       these bills, and we'll talk more about the

         6       specifics of each bill by other members.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator DeFrancisco.

        10                  Senator Flanagan, on the bill.

        11                  SENATOR FLANAGAN:    Thank you,

        12       Mr. President.  Would Senator Kruger yield to

        13       some questions, please.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Kruger, will you yield to Senator

        16       Flanagan?

        17                  SENATOR CARL KRUGER:    Yes, I do,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed.

        21                  SENATOR FLANAGAN:    Thank you,

        22       Mr. President.

        23                  Senator Kruger, I join and concur

        24       in the remarks of my colleague Senator

        25       DeFrancisco, but I'd like to be a little bit



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         1       little more isolated in my approach and speak

         2       to the education portion of this budget, if

         3       that's possible.

         4                  And, Mr. President, I would ask for

         5       a slight modicum of latitude here because

         6       there are two education bills, and there are

         7       separate parts, but I'll try and keep my

         8       remarks on both as it relates to this bill.

         9                  Senator Kruger, how many

        10       restorations, how much dollar restorations are

        11       there in the education budget?

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Kruger.

        14                  SENATOR CARL KRUGER:    Through

        15       you, Mr. President, this budget restores

        16       $600 million to a $1.4 billion cut proposed by

        17       the Governor.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Flanagan.

        20                  SENATOR FLANAGAN:    If Senator

        21       Kruger would continue to yield.

        22                  SENATOR CARL KRUGER:    Yes, I do,

        23       Mr. President.

        24                  SENATOR FLANAGAN:    Senator

        25       Kruger, I have in front of me the bill that we



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         1       are discussing, which is amongst the pile of

         2       bills, approximately 840 pages.  Is there a

         3       property tax cap in this bill?

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Kruger.

         6                  SENATOR CARL KRUGER:    Through

         7       you, Mr. President, no, there is not.

         8                  SENATOR FLANAGAN:    Would Senator

         9       Kruger continue to yield.

        10                  SENATOR CARL KRUGER:    Yes, I do.

        11                  ACTING PRESIDENT BRESLIN:    He

        12       continues to yield.

        13                  SENATOR FLANAGAN:    In this

        14       840-page bill, is there a ban on unfunded

        15       mandates?

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Kruger.

        18                  SENATOR CARL KRUGER:    Through

        19       you, Mr. President, not in that bill.  But in

        20       the Article 7 language there is provision to

        21       bar unfunded mandates, yes.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Flanagan.

        24                  SENATOR FLANAGAN:    That's in the

        25       next bill.



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         1                  SENATOR CARL KRUGER:    Right.

         2                  SENATOR FLANAGAN:    Mr. President,

         3       would Senator Kruger continue to yield.

         4                  SENATOR CARL KRUGER:    Yes, I do,

         5       Mr. President.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Kruger yields.

         8                  SENATOR FLANAGAN:    Again

         9       referring to this bill we have before us, is

        10       there any increase or restoration for library

        11       aid?

        12                  SENATOR CARL KRUGER:    No.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Flanagan.

        15                  SENATOR FLANAGAN:    Would Senator

        16       Kruger continue to yield.

        17                  SENATOR CARL KRUGER:    Yes, I do.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Kruger continues to yield.

        20                  SENATOR FLANAGAN:    Senator

        21       Kruger, I'm looking at and listening to your

        22       discussion about the numbers, and I know we're

        23       all going to have to go home at some point and

        24       try and explain to our school boards, our

        25       superintendents and, more importantly, our



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         1       constituents and taxpayers, some of the

         2       actions that have been taken here.

         3                  In this education position of the

         4       budget, could you explain to me the

         5       $95 million cut to school districts for data

         6       issues?

         7                  SENATOR CARL KRUGER:    Through

         8       you, Mr. President, it's a complicated answer,

         9       so I'll take it in pieces.

        10                  Through you, Mr. President, we

        11       froze the November database at $95 million.

        12       There's a $60 million MTA payroll tax

        13       reimbursement for school districts that

        14       we're -- and $35 million, an added $35 million

        15       to the main database.

        16                  SENATOR FLANAGAN:    Mr. President,

        17       will Senator Kruger continue to yield.

        18                  SENATOR CARL KRUGER:    Yes, I do.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger continues to yield.

        21                  SENATOR FLANAGAN:    Senator

        22       Kruger, the $95 million that I'm referring to

        23       definitely deals, as you said, with the

        24       November data.  And basically our school

        25       districts and ultimately our taxpayers have



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         1       expected that their aid would be reflective of

         2       their enrollment, of their programmatic

         3       changes, particularly as it relates to the

         4       area of special education, which is one of the

         5       most challenging issues for every district in

         6       the State of New York.

         7                  So the expectation would be that as

         8       the data changes, that that would be reflected

         9       in the aid that they're going to receive.

        10                  You and your colleagues in the

        11       Democratic majority have now chosen to freeze

        12       that data, which in reality is a $95 million

        13       cut to school districts tantamount to them

        14       being told you had an expense-driven aid but

        15       guess what, now you don't have it anymore.

        16       Unless I'm missing some portion of the

        17       language, this doesn't have anything to do

        18       with the MTA payroll tax.  This is strictly

        19       tied to data that affects school districts.

        20                  And I actually took a look at

        21       couple of examples.  So just if I could

        22       illustrate, I looked at Connetquot School

        23       District.  The restoration over the Governor's

        24       cuts was roughly $1.37 million, but now

        25       $742,000 of that is going to be taken away.



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         1       That's just one district in Suffolk County.

         2                  Central Islip, they were going to

         3       get a restoration of roughly $2.1 million, but

         4       now you've taken $830,000 of that back.

         5                  Buffalo, they were going to get a

         6       $7.3 million restoration, but now you've taken

         7       $1.3 million of that back.

         8                  So the reason I'm asking these

         9       questions is because when we go home we're

        10       going to have to explain the nuances and

        11       details.  So could you enlighten me as to why

        12       you made reference to the MTA payroll tax

        13       when, in my review of this, it has absolutely

        14       nothing to do with it?

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Kruger.

        17                  SENATOR CARL KRUGER:    Mr.

        18       President, the $60 million MTA payroll tax,

        19       plus the $35 million bump, collectively is the

        20       $95 million that we're talking about.  As an

        21       offset.

        22                  SENATOR FLANAGAN:    As an offset

        23       to what?

        24                  SENATOR CARL KRUGER:    To the

        25       $95 million cut.



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         1                  SENATOR FLANAGAN:    Where exactly

         2       is the portion that you're referencing as it

         3       relates to the MTA?  Let me preface it by

         4       saying this --

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Kruger, do you continue to yield?

         7                  SENATOR CARL KRUGER:    Please,

         8       through you, Mr. President, can you be more

         9       specific?

        10                  SENATOR FLANAGAN:    Yes, I can.  I

        11       have a list right here that certainly you have

        12       and your staff has that is provided to us by

        13       the State Education Department.  Here's the

        14       $95 million in cuts.  It doesn't say MTA.  It

        15       doesn't say anything about the MTA.  This is

        16       $95 million statewide.

        17                  I referenced a number in Buffalo.

        18       I referenced two numbers in Suffolk County.

        19       This is a statewide hit to school districts.

        20       The MTA, the $60 million, that should be

        21       complete separate and have actually nothing to

        22       do with this.

        23                  So my specific question is when I'm

        24       looking at this list of $95 million statewide,

        25       can you express to me where the MTA language



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         1       is in this bill that relates to your

         2       contention?

         3                  SENATOR CARL KRUGER:    Through

         4       you, Mr. President.  Once again, the

         5       $60 million that was restored to the budget,

         6       to the MTA portion, plus the $35 million bump,

         7       collectively offsets the $95 million cut.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Flanagan.

        10                  SENATOR FLANAGAN:    Mr. President,

        11       would Senator Kruger continue to yield.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Kruger, will you continue to yield?

        14                  SENATOR CARL KRUGER:    Yes, I do.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Kruger yields.

        17                  SENATOR FLANAGAN:    I can just

        18       speak for the districts that I represent.  No

        19       one is going to look and say, "Oh, that

        20       $60 million for the MTA payroll tax is an

        21       offset."  That's something they expected.  And

        22       there were lots of people on the other side

        23       who talked about restoring that money for

        24       school districts.

        25                  What's the $35 million?  What's



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         1       that bump that you're referring to?

         2                  SENATOR CARL KRUGER:    Through

         3       you, Mr. President, there is an additional

         4       update to the May database that drives to the

         5       school districts the additional $35 million.

         6                  SENATOR FLANAGAN:    So would it be

         7       fair to say that your contention is that --

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Kruger, do you continue to yield?

        10                  SENATOR CARL KRUGER:    Yes, I do.

        11                  SENATOR FLANAGAN:    Would it be

        12       fair to say that your contention is that

        13       there's no $95 million cut at all?

        14                  SENATOR CARL KRUGER:    Through

        15       you, Mr. President, no, let's not twist or

        16       confuse, but let's stay -- at least I want to

        17       stay on point.  There's a $95 million cut.

        18       There's also, again, $60 million MTA,

        19       $35 million readjustment of the May database.

        20       Together, $95 million.  $95 million is driven

        21       back in to offset the $95 million cut.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Flanagan.

        24                  SENATOR FLANAGAN:    Mr. President,

        25       would Senator Kruger continue to yield.



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         1                  ACTING PRESIDENT BRESLIN:    Do you

         2       continue to yield, Senator Kruger?

         3                  SENATOR CARL KRUGER:    Yes, I do,

         4       Mr. President.

         5                  SENATOR FLANAGAN:    Senator, I

         6       would appreciate -- to avoid any further

         7       twisting or confusion, I just want to ask you

         8       about summer school.

         9                  The Governor's proposal under his

        10       budget cuts $68 million to school districts

        11       for summer school special education.  Again, I

        12       will remind you, as you know, that this is a

        13       very troubling area for school districts

        14       across the State of New York.  Their costs go

        15       up exponentially, and the actions that you're

        16       taking here certainly aren't going to make it

        17       any easier.

        18                  The Governor proposed making that

        19       cut.  And now could you explain how you've

        20       modified that or changed it?  Because I'll

        21       give you my reading of it.  Basically, you're

        22       pushing it off.  Somehow everyone is assuming

        23       that there will be a $68 million savings to

        24       the State of New York.  But I can tell you, in

        25       the practical reality, school districts are



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         1       going to say huh-uh, huh-uh.  That's a

         2       $68 million cut, and it goes right to the

         3       heart of the special ed programs.  And that's

         4       like standing on a land mine when you do

         5       something like that.

         6                  So when you push that off, it now

         7       sounds like what school districts are going to

         8       have to do is have this thing called the Race

         9       to the Top.  In order to get your money,

        10       you've got to get your application in, you've

        11       got to be first in line, you've got to be

        12       faster, better, quicker than everybody else.

        13                  Why would we want to do something

        14       like that, or why would you advocate something

        15       like that when this should be a program that's

        16       funded and paid for on the merits and done so

        17       in a timely fashion?

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Kruger.

        20                  SENATOR CARL KRUGER:    Through

        21       you, Mr. President.  For a moment, let's just

        22       reflect and remember that we restored

        23       $600 million of a $1.4 billion cut that was

        24       proposed by the Governor, $600 million of a

        25       $1.4 billion cut.



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         1                  So we want to look at this

         2       education budget, we should look at it in the

         3       context that today we are able to vote on an

         4       education budget that restores $600 million of

         5       a $1.4 billion cut.

         6                  SENATOR FLANAGAN:    Mr. President,

         7       would Senator Kruger continue to yield.

         8                  SENATOR CARL KRUGER:    Yes, I do.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Kruger yields.

        11                  SENATOR FLANAGAN:    Appreciate the

        12       comment.  Now if you could just answer my

        13       question, that would be helpful.

        14                  SENATOR CARL KRUGER:    Yes, I do.

        15                  Please excuse me.  Through you,

        16       Mr. President, can you repeat the question,

        17       Senator Flanagan?

        18                  SENATOR FLANAGAN:    I'll try and

        19       be as concise as possible.  The point I'm

        20       trying to make and the question I'm asking you

        21       is, how can you justify this portion of the

        22       education budget, which is a $68 million hit?

        23       Regardless of the restoration that you're

        24       speaking of, I'm focusing on a particular

        25       part.



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         1                  And what's going to happen is

         2       school districts are now going to be in a

         3       perverse, ridiculous competition to apply for

         4       funds for special education programs.  That's

         5       not the way it's supposed to be.  That's not

         6       the way these programs are supposed to run.

         7       And certainly it's not going to make school

         8       districts' life any easier.

         9                  My question is, why would you adopt

        10       an approach like that full well knowing that

        11       it's going to create all kind of havoc?

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Kruger.

        14                  SENATOR CARL KRUGER:    Okay.  In

        15       order to address some of that concern,

        16       $395 million is going to be driven back to the

        17       school districts for special needs in order to

        18       address some of that concern in this budget.

        19       IDEA, to be exact.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Flanagan.

        22                  SENATOR FLANAGAN:    Mr. President,

        23       on the bill.

        24                  Thank you, Senator Kruger.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Flanagan, on the bill.

         2                  SENATOR FLANAGAN:    Senator Kruger

         3       wanted to talk about the macro effect of what

         4       we're discussing here, and I'd like to do the

         5       same thing.  Because I know what's going to

         6       happen, people are going to go out and they're

         7       going to tout certain things that are being

         8       done here today.  But if we are going to be

         9       fair, we have to go back and explain to people

        10       exactly what these proposals do on day-to-day

        11       activities affecting school districts and,

        12       most importantly, the property taxpayers here

        13       in the State of New York.

        14                  And we all talk about it, the

        15       overburdened property taxpayer.  Now, I see

        16       Senator Oppenheimer is in the chamber, and

        17       we've had these types of discussions before.

        18                  We talked about some of the things

        19       that are in the bill.  Let's talk about some

        20       of the things that are not in the bill.

        21       There's no ban on unfunded mandates.  How we

        22       could come up with a budget and not actually

        23       do something in that area is almost beyond my

        24       comprehension.

        25                  Looking at things that were



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         1       proposed by the Governor:  Establishing a

         2       regulatory review process through the State

         3       Education Department -- rejected.  Regional

         4       student transportation allowing districts to

         5       work together to save money -- rejected.

         6       Access to employee benefit accrued liability

         7       reserve funds -- a pot of money worth over

         8       $400 million to school districts -- rejected.

         9                  There's no mandate relief in this

        10       budget at all.  And here's where the problem

        11       really lies when we talk about this.  This

        12       education budget has $726 million of federal

        13       funding to help close some of the gap.  So if

        14       we really want to be fair, everyone should let

        15       their districts know that the gap is actually

        16       $726 million more and the largesse from the

        17       federal government has helped all of us out.

        18       The problem is it's not going to be there next

        19       year, and you haven't done anything to help

        20       school districts prepare.

        21                  When it's hard to find money, you

        22       have to find other ways to help people.  And

        23       you're not finding ways to help people here.

        24                  And some of the programs that are

        25       being talked about -- the $95 million that I



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         1       referenced, the $68 million in special ed --

         2       those are things that are largely going to

         3       really adversely affect our property

         4       taxpayers.  If there had been some, some

         5       meaningful mandate relief, we could have put

         6       the onus back on school districts as we move

         7       ahead.

         8                  Paperwork reduction.  Why should it

         9       be hard to do something that simple?  Using

        10       those liability reserve funds.  Those monies

        11       have been determined to be excess by not us,

        12       but by the Comptroller of the State of New

        13       York.  We let them use the money, they can

        14       reduce their tax levy, help the property

        15       taxpayer.  But you didn't want to do that.

        16       Regional transportation.  Come on.  School

        17       districts can get together and save money,

        18       pool their resources.

        19                  How can we go back and how can you

        20       stand there and advocate for a budget that

        21       doesn't do any of this?  Because with the

        22       economic crisis that we have here in the State

        23       of New York, if it's not going to be done now,

        24       it's just not going to happen.

        25                  Now, this is a two-way compromise.



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         1       It's the Senate and the Assembly.  And I know,

         2       Senator Oppenheimer, we spoke last year that

         3       the Assembly was that the one that you blamed,

         4       and I agree with you.

         5                  ACTING PRESIDENT BRESLIN:    Excuse

         6       me, Senator Flanagan.

         7                  Senator Kruger, why do you rise?

         8                  SENATOR CARL KRUGER:    Mr.

         9       President, if I can just -- point of

        10       information.

        11                  Senator Flanagan pointed to the

        12       bills that we're talking about.  Well, there

        13       is a Regional Transportation Pilot Program

        14       which addresses some of the concerns that he's

        15       talking about.  And there is a Paperwork

        16       Reduction Act, another one of the proposals

        17       that is part of language that he's talking

        18       about.

        19                  So in essence some of that mandate

        20       relief that you're talking about has been

        21       addressed in these Article 7 language.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Flanagan.

        25                  SENATOR FLANAGAN:    Thank you.



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         1                  When we go back, I want to be able

         2       to say that we've enacted a meaningful

         3       property tax cap, that we've come up with ways

         4       for school districts to save money.  And I

         5       just gave some examples in Connetquot, in

         6       Buffalo, in Westbury, where people are saying

         7       we're going to restore money, and then you're

         8       pulling the rug out from underneath those

         9       school districts.

        10                  And I'll close on this point.  Last

        11       year several of my colleagues -- Senator

        12       Johnson, Senator Foley -- they voted for a

        13       budget that provided only 5 percent of the

        14       increase in education aid to Long Island.  We

        15       got shortchanged on the increase in

        16       educational funding.  This year we're getting

        17       15 percent of the cut.  I would much rather

        18       have the reverse.  I'd rather share in the

        19       largesse than get disproportionately hit on

        20       the pain.

        21                  So I am not going to vote for a

        22       budget like this, even though there are some

        23       nominally good things in here, because you

        24       have to look at the whole picture.

        25                  Thank you.



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         1                  ACTING PRESIDENT BRESLIN:    Thank

         2       you, Senator Flanagan.

         3                  Senator Saland, on the bill.

         4                  SENATOR SALAND:    Thank you,

         5       Mr. President.  Would Senator Kruger yield,

         6       please.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Kruger will you yield to Senator

         9       Saland?

        10                  SENATOR CARL KRUGER:    Yes, I do,

        11       Mr. President.  With the indulgence of Senator

        12       Saland, I would just like to point out that on

        13       today's active list another one of the

        14       concerns that Senator Flanagan had about the

        15       employee liability benefit, that is part of

        16       our active list, the EBALR bill.

        17                  Thank you, Mr. President.  Yes,

        18       Senator.

        19                  SENATOR SALAND:    Thank you,

        20       Senator Kruger.

        21                  Senator Kruger, I'd like to go back

        22       and revisit the exchange that you had with

        23       Senator Flanagan.  I think the term that was

        24       used was past due claims.  And in some

        25       instances those are known as data bumps.



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         1                  You know how often the SED takes a

         2       look at changes in data?

         3                  SENATOR CARL KRUGER:    Yes.

         4                  SENATOR SALAND:    And when might

         5       that be?

         6                  SENATOR CARL KRUGER:    November --

         7       through you, Mr. President, November, February

         8       and May.

         9                  SENATOR SALAND:    And September.

        10                  SENATOR CARL KRUGER:    And

        11       September.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Saland.

        14                  SENATOR SALAND:    If Senator

        15       Kruger would continue to yield.

        16                  And what is the purpose, if you

        17       know, of those reviews, those quarterly

        18       reviews?

        19                  SENATOR CARL KRUGER:    Through

        20       you, Mr. President, to update the database

        21       periodically for school district claims.

        22                  SENATOR SALAND:    If the Senator

        23       will continue to yield.

        24                  SENATOR CARL KRUGER:    Yes, I do.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Kruger yields.

         2                  SENATOR SALAND:    So that, for

         3       example, as was cited by Senator Flanagan, if

         4       suddenly you've taken on perhaps a larger

         5       special ed population than you had anticipated

         6       initially when you had adopted the budget, or

         7       perhaps there were transportation issues that

         8       didn't exist at the time that you originally

         9       contemplated your aid, perhaps there are

        10       building aid issues -- are those the kinds of

        11       things that get considered when we do these

        12       database adjustments?

        13                  SENATOR CARL KRUGER:    Yes.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Saland.

        16                  SENATOR SALAND:    Will the Senator

        17       continue to yield.

        18                  SENATOR CARL KRUGER:    Yes, I do.

        19                  SENATOR SALAND:    And there are

        20       instances, are there not, where in fact in the

        21       determination is made that you may have in

        22       fact received more aid than you were supposed

        23       to receive, and as a result of which your aid

        24       may be adjusted downward?

        25                  SENATOR CARL KRUGER:    Yes.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Saland.

         3                  SENATOR SALAND:    Do you know

         4       how -- if the Senator will continue to yield.

         5                  SENATOR CARL KRUGER:    Yes, I do.

         6                  SENATOR SALAND:    Do you have any

         7       idea how much money in data bumps were

         8       downward data bumps and how much money were

         9       upward data bumps?

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Kruger.

        12                  SENATOR CARL KRUGER:    Through

        13       you, Mr. President.  Again, varying through

        14       school district, they may have had a bump up

        15       of $35 million.  But obviously it's a moving

        16       target, it's very fluid.

        17                  SENATOR SALAND:    If the Senator

        18       will continue to yield.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger, do you continue to yield?

        21                  SENATOR CARL KRUGER:    Yes, I do,

        22       Mr. President.

        23                  ACTING PRESIDENT BRESLIN:    He

        24       yields.

        25                  SENATOR SALAND:    As we stand here



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         1       today, can you share with me the sum total of

         2       the upward bumps and the downward bumps?  How

         3       much in each category?

         4                  SENATOR CARL KRUGER:    Through

         5       you, Mr. President.  Certainly data is

         6       available.  We'll compile it and get it back

         7       to you.

         8                  SENATOR SALAND:    Well, if I were

         9       to tell you that there are $25 million in

        10       downward bumps -- in other words, monies taken

        11       back from schools -- and $94-plus million in

        12       upward bumps, would that ring true with either

        13       you or the members of your staff who are

        14       helping you there?

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Kruger.

        17                  SENATOR CARL KRUGER:    Again,

        18       through you, Mr. President, we have to check

        19       the database.  But obviously, if you've done

        20       the analysis, then I take your word for it.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Saland.

        23                  SENATOR SALAND:    Senator Kruger,

        24       if you know --

        25                  ACTING PRESIDENT BRESLIN:    Will



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         1       you continue to yield, Senator Kruger?

         2                  SENATOR CARL KRUGER:    Yes, I do.

         3                  SENATOR SALAND:    Has there ever

         4       been a budget in the history of anybody

         5       sitting in this chamber today that did not

         6       provide for past-due claims?

         7                  SENATOR CARL KRUGER:    No.  Not

         8       that I'm aware of.  Through you, Mr.

         9       President, no.

        10                  SENATOR SALAND:    And those

        11       past-due claims, if you'll continue to

        12       yield --

        13                  ACTING PRESIDENT BRESLIN:    Do you

        14       continue to yield, Senator Kruger?

        15                  SENATOR CARL KRUGER:    Yes, I do.

        16                  SENATOR SALAND:    And those

        17       past-due claims represent monies that schools

        18       have expended anticipating, as they have in

        19       every preceding year in the legislative life

        20       span of everybody in this chamber, that they

        21       would be paid.  Is that not correct?

        22                  SENATOR CARL KRUGER:    Through

        23       you, Mr. President, yes.

        24                  But once again, you know, we're

        25       talking about years where there was money as



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         1       opposed to a year, as today, where there is no

         2       money.  And part of what we accomplished with

         3       our DRP was to provide for no midyear cuts,

         4       and school districts anticipating that this

         5       would be a very bad year.

         6                  SENATOR SALAND:    If the Senator

         7       would continue to yield.

         8                  SENATOR CARL KRUGER:    Yes, I do,

         9       Mr. President.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Kruger yields.

        12                  SENATOR SALAND:    So you're

        13       telling me, then, that school districts

        14       anticipated that they were not going to get

        15       their past-due claims paid, for the first time

        16       in history, regardless of what kind of economy

        17       we were going through?

        18                  SENATOR CARL KRUGER:    Through

        19       you, Mr. President.  Senator Saland, you're

        20       undoubtedly aware that many school districts,

        21       if not most school districts, about 92 percent

        22       are prepared for that very eventuality as they

        23       cast their budgets.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Saland.



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         1                  SENATOR SALAND:    Senator Kruger,

         2       I'll ask you one more question and then I'll

         3       go on the bill.

         4                  Is there a particular reason why

         5       you disregarded the $94 million-plus in

         6       incurred expenses as past-due claims that

         7       school districts had every reasonable

         8       expectation of receiving and yet at the same

         9       time, on the other side, where runs were

        10       adjusted downward, you took the downward

        11       adjustment to the tune of $25 million?  So you

        12       hit them coming and going.

        13                  SENATOR CARL KRUGER:    Through

        14       you, Mr. President, I guess in the simplest

        15       terms that I understand, we took them as

        16       savings towards the $600 million of

        17       restoration that we provided out of a

        18       $1.4 billion cut that the Governor proposed.

        19                  SENATOR SALAND:    Thank you.

        20                  On the bill, Mr. President.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Saland, on the bill.

        23                  SENATOR SALAND:    Mr. President,

        24       the simple fact of the matter here is that

        25       what we are seeing is approximately



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         1       $120 million worth of what I will call

         2       fudgery.  We are willing to stick it to the

         3       schools -- when I say "we," I mean those who

         4       are going to be voting for this bill -- to the

         5       tune of some $25 million, where, based upon

         6       the data they presented to the Ed Department,

         7       it was determined that there should be a

         8       reduction in their aid.

         9                  Okay, we'll reduce your aid.  But

        10       we're going to turn a blind eye to those of

        11       you who are entitled and, in every year within

        12       the memory of anybody in this chamber, would

        13       have received, for unanticipated increased

        14       expenses, their past-due claims.  So that's a

        15       swing of about $120 million.

        16                  So basically what you're doing is

        17       taking from Peter not to pay Paul but to pay

        18       Peter.  You've taken $120 million you've

        19       ripped off the school districts for, and

        20       you're now telling them you're doing them a

        21       favor and you're going to give it back to

        22       them.

        23                  Or, if you want to look at it

        24       another way, the MTA tax, the one that you're

        25       giving $60 million back to the MTA, you took



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         1       $59 million from the counties in the MTA by

         2       not paying their past-due claims.

         3                  Talking about taking from Peter to

         4       pay Peter.  That's what you did.  So you can

         5       play with the numbers, you can say what you

         6       want, but the data doesn't lie.  You have just

         7       stuck it to school districts in part the sole

         8       purpose of which is to make them pay for your

         9       assumed largesse.

        10                  I've served as Education chair,

        11       I've been through many a budget, and I always

        12       thought it grossly unjust to turn your back on

        13       school districts that had incurred expenses

        14       and anticipated being reimbursed.

        15                  There was not one scintilla of

        16       notice.  There was no expectation.  There's

        17       not anybody here who can possibly say that

        18       their school superintendent came to them and

        19       said, Oh, I know, we're going to toss out our

        20       past-due claims.  I meet with my

        21       superintendents once or twice a year.  Not a

        22       hint, not the slightest hint.  They knew it

        23       was going to be a difficult year, and I told

        24       them it was going to be a difficult year.  And

        25       I told them to hang onto their reserves as



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         1       best they could because next year is going to

         2       be worse.

         3                  Because as Senator Flanagan pointed

         4       out, this deficit for school districts, this

         5       cut is really a $2.1 billion cut as proposed

         6       by the Governor offset by $700-plus million in

         7       federal aid.

         8                  So the reality is, ladies and

         9       gentlemen, that you should not be patting

        10       yourselves on the back without at least

        11       acknowledging that you're making school

        12       districts fund, out of their own expenses,

        13       some of the very things that you're claiming

        14       that you're magically producing for them.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Saland.

        18                  Are there any other Senators

        19       wishing to be heard?

        20                  Hearing none, debate is closed.

        21       The Secretary will ring the bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT BRESLIN:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Flanagan, to explain his vote.

         5                  SENATOR FLANAGAN:    Thank you,

         6       Mr. President.  I just want to explain my vote

         7       and clarify, as Senator Kruger got up and

         8       offered a point of information before.

         9                  I, like everybody else in this

        10       chamber, we're constrained to be reading and

        11       voting on the bills that are actually before

        12       us.  Now, I have a copy of the calendar here,

        13       I have a copy of the Article 7 education bill,

        14       I have a copy of the main education bill,

        15       840 pages again.  And I listened to Senator

        16       Kruger say that I was wrong, that there is

        17       paperwork reduction, that there is a regional

        18       pilot program for student transportation.

        19                  And there's nothing.  Having a

        20       little time to double-check allowed me the

        21       opportunity to make sure that I was accurate

        22       in what I was saying.  So as of now on this

        23       calendar and -- even on the next active list

        24       that we're seeing -- there is nothing that

        25       deals with those issues.



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         1                  So if I'm going to be voting on a

         2       budget and making an informed judgment and it

         3       says budget bill or budget bills, one of the

         4       reasons I'm going to vote no is because there

         5       is no substantive mandate relief whatsoever in

         6       this budget.  I believe I was accurate when I

         7       said it the first time, and I believe I'm

         8       accurate when I'm saying it again now.

         9                  I'm voting no.

        10                  ACTING PRESIDENT BRESLIN:    Thank

        11       you, Senator Flanagan.  You will be recorded

        12       in the negative.

        13                  Senator Fuschillo, to explain his

        14       vote.

        15                  SENATOR FUSCHILLO:    Thank you

        16       very much, Mr. President.

        17                  You know, it's a little shocking to

        18       me that when Senator DeFrancisco asked the

        19       question how much does this budget spend,

        20       what's the total budget, he couldn't answer

        21       the question.  They're asking us to vote on a

        22       budget but you can't tell us what the numbers

        23       are going to be.

        24                  All I know is it cuts education

        25       funding by nearly a billion dollars



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         1       anticipates $750 million that we don't have,

         2       eliminates -- it wasn't even discussed -- the

         3       funding for teacher centers.  One of the

         4       problematic school districts, Roosevelt School

         5       District in my district slashed special

         6       grants.

         7                  When you do all of that, you have

         8       an 843-page tax bill, because that's what it

         9       is.  It's going to be one of the largest tax

        10       bills that the taxpayers are going to see.

        11       Because when you eliminate these fundings, the

        12       only way to recoup them is to raise property

        13       taxes on the local level.

        14                  Now, there were so many press

        15       clippings from last year after the Democrats

        16       enacted the largest spending increase and tax

        17       increases, and they kept saying, Do we need

        18       mandate relief, yes.  There's no mandate

        19       relief in any of this stuff.  Do we need

        20       relief to address property taxes?  Yes.

        21       There's no cap.  And it goes on and on and on.

        22                  There's no property tax reform in

        23       any of these budgets.  It's a property tax

        24       increase of significant proportions that

        25       you're voting on.



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         1                  I vote no, Mr. President.  Thank

         2       you.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Fuschillo to be recorded in the

         5       negative.

         6                  Senator Saland, to explain his

         7       vote.

         8                  SENATOR SALAND:    Thank you,

         9       Mr. President.

        10                  Mr. President, if my memory serves

        11       me correctly, Governor Paterson in his budget

        12       proposed a four-year moratorium on unfunded

        13       mandates.  I'm not aware of any mandate relief

        14       that is contained in the Article 7 bill.  I'll

        15       certainly be happy to stand corrected.  If

        16       it's there, it's certainly minimal, minimal at

        17       best.

        18                  Why in a time when school districts

        19       are in such desperate need would we not

        20       provide them with a modicum of justice,

        21       equity, decency by giving them relief from

        22       unfunded mandates?  Is that such a hard thing

        23       to do?  Is that so foreign of a concept to

        24       those of you who are determining this budget?

        25                  I mean, it is -- it's astounding to



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         1       me that in this climate you could not offer at

         2       least mandate relief, that you outright reject

         3       the Governor's proposal.

         4                  Mr. President, this is certainly as

         5       challenging, if not more so, of a budget

         6       process than we went through last year.  The

         7       results are every bit -- apparently in the

         8       process of being every bit as ugly if not more

         9       so.  How anybody, man, woman or child, could

        10       conduct their personal finances without

        11       knowing how much is in their checkbook, or how

        12       any business could operate writing checks --

        13       and I listened to the chairman of the Finance

        14       Committee say we don't know how much the

        15       revenue number is.

        16                  There is nobody, no business, no

        17       entity on the face of this earth that could

        18       possibly expect to succeed in any endeavor

        19       operating in the way this budget is demanding

        20       that we operate.

        21                  Mr. President, I vote in the

        22       negative.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Saland to be recorded in the negative.

        25                  Senator Marcellino, to explain his



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         1       vote.

         2                  SENATOR MARCELLINO:    For very

         3       much the same reasons as some of my colleagues

         4       have already spoken, I intend to vote no on

         5       this particular bill.

         6                  It doesn't do what it says it's

         7       going to do.  It doesn't help the schools, it

         8       doesn't provide property tax relief, it

         9       doesn't provide mandate relief, it doesn't do

        10       a lot of things.

        11                  And some of the numbers that were

        12       touted by the chair of Finance simply don't

        13       add up.  The MTA restoration of $60 million

        14       and the $95 million statewide give-back to the

        15       schools, supposedly one and the same, are

        16       actually two different numbers that are not

        17       connected to each other.

        18                  So I begin to get confused.  When

        19       you read all of this stuff and you read the

        20       bills, or try to -- and they're huge, and it's

        21       difficult to read them all -- but just try to

        22       pick apart what's there, the numbers don't add

        23       up and we're not getting much of an

        24       explanation from the Majority.

        25                  So based on that, I have no other



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         1       recourse than to vote no.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Marcellino will be recorded in the

         4       negative.

         5                  Senator LaValle, to explain his

         6       vote.

         7                  SENATOR LaVALLE:    Thank you,

         8       Mr. President.

         9                  This budget leaves a $4 billion

        10       hole in both the State University and City

        11       University budget and, with passage of this

        12       bill, will send out a signal where chaos will

        13       take place.  Because rank-and-file members

        14       will say, How can we have this huge hole and

        15       continue to deal with the operations at our

        16       great university systems?

        17                  Earlier we cut from the State

        18       University some $500 million that has never

        19       been retrieved.  In place of that, the

        20       Governor put forth something called PHEEIA, or

        21       the empowerment legislation.  There was never,

        22       during the discussions and deliberations

        23       during this budget period, for a Plan B or a

        24       Plan C or some parts thereof.  It was a

        25       package PHEEIA, all or nothing.



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         1                  And today we have chaos because

         2       there were no other plans advanced, put forth

         3       to this Legislature that would provide

         4       something for them but not a $4 billion hole

         5       to both systems.

         6                  Thank you.  I vote no,

         7       Mr. President.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator LaValle to be recorded in the

        10       negative.

        11                  Senator Ranzenhofer, to explain his

        12       vote.

        13                  SENATOR RANZENHOFER:    Thank you,

        14       Mr. President.

        15                  It is amazing to me that with a

        16       budget that is three months late that when you

        17       ask the question "How much does it cost to run

        18       the State of New York this year," the answer

        19       is "I don't know."

        20                  I mean, no one would ever buy a

        21       house, buy a car, buy an article of clothing,

        22       buy a service without knowing how much it

        23       costs.  It just astounds me.  And 840 pages

        24       that no one on the other side -- when asked

        25       the question "How much does it cost, how much



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         1       are we going to spend this year," the answer

         2       is "I don't know."

         3                  I can't vote for a budget which I

         4       believe is going to increase spending over

         5       last year.  And when someone answers the

         6       question that "We don't know how much it

         7       costs," I cannot support that type of

         8       budgeting.

         9                  I'll be voting no, Mr. President.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Ranzenhofer to be recorded in the

        12       negative.

        13                  Senator Nozzolio, to explain his

        14       vote.

        15                  SENATOR NOZZOLIO:    Thank you,

        16       Mr. President.  Mr. President and my

        17       colleagues, the chairman of the Senate Finance

        18       Committee can't tell us how much we're

        19       spending in this budget.  We've seen a total

        20       discard for the Budget Reform Law of 2007.  We

        21       heard that we're spending 6 percent -- not we,

        22       but the proponents of this budget are spending

        23       6 percent more than the Governor's budget.

        24       And there's no property tax cap.

        25                  New York State last year, after the



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         1       taxes, after the fees, after the exorbitant

         2       spending that you on the other side of the

         3       aisle enacted, we were number two in this

         4       country for the highest taxes as a percentage

         5       of income.

         6                  Well, congratulations.  Because we

         7       were just behind New Jersey, and with the

         8       enactment of this budget and what we're seeing

         9       happen in New Jersey with reforms and spending

        10       cuts and an appropriate approach to budgeting,

        11       New York State, thanks to the Democrats who

        12       are running this Senate, thanks to the

        13       Governor and thanks to the Assembly, is now

        14       number one.  Congratulations.

        15                  Mr. President, this is a horrible,

        16       horrible situation.  I vote no and implore all

        17       my colleagues to oppose this budget.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Nozzolio will be recorded in the

        20       negative.

        21                  Announce the results.

        22                  THE SECRETARY:    Those recorded in

        23       the negative on Calendar Number 1287 are

        24       Senators Alesi, Bonacic, DeFrancisco, Farley,

        25       Flanagan, Fuschillo, Golden, Griffo, Hannon,



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         1       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         2       Libous, Little, Marcellino, Maziarz, McDonald,

         3       Nozzolio, Padavan, Ranzenhofer, Robach,

         4       Saland, Seward, Skelos, Volker, Winner and

         5       Young.

         6                  Ayes, 32.  Nays, 29.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       bill is passed.

         9                  The Secretary will read.

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 1288, Senator --

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Serrano.

        14                  SENATOR SERRANO:    Mr. President,

        15       I would like to call up Calendar Number 1289,

        16       Senate Print 6607B on the controversial

        17       calendar.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       Secretary will read.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 1289, Senator Kruger moves to

        22       discharge, from the Committee on Rules,

        23       Assembly Bill Number 9707C and substitute it

        24       for the identical Senate Bill Number 6607B,

        25       Third Reading Calendar 1289.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Substitution ordered.

         3                  THE SECRETARY:    Calendar Number

         4       1289, Assembly Budget Bill, Assembly Print

         5       Number 9707C, an act to amend the Education

         6       Law.

         7                  ACTING PRESIDENT BRESLIN:    Are

         8       there any Senators wishing to be heard?

         9                  Hearing none, debate is closed.

        10       The Secretary will ring the bell.

        11                  Read the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT BRESLIN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  Announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 1289 are

        20       Senators Alesi, Bonacic, DeFrancisco, Farley,

        21       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        22       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        23       Libous, Little, Marcellino, Maziarz, McDonald,

        24       Nozzolio, Padavan, Ranzenhofer, Robach,

        25       Saland, Seward, Skelos, Volker, Winner and



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         1       Young.

         2                  Ayes, 32.  Nays, 29.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  Senator LaValle.

         6                  SENATOR LaVALLE:    Mr. President,

         7       how was I recorded on that vote?

         8                  ACTING PRESIDENT BRESLIN:    In the

         9       negative, Senator LaValle.

        10                  SENATOR LaVALLE:    Thank you.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, I

        14       would like to call up Calendar Number 1288,

        15       Senate Print 6604B on the controversial

        16       calendar.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       Secretary will read.

        19                  THE SECRETARY:    In relation to

        20       Calendar Number 1288, Senator Kruger moves to

        21       discharge, from the Committee on Rules,

        22       Assembly Bill Number 9704C and substitute it

        23       for the identical Senate Bill Number 6604B,

        24       Third Reading Calendar 1288.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Substitution ordered.

         2                  THE SECRETARY:    Calendar Number

         3       1288, Assembly Budget Bill, Assembly Print

         4       Number 9704C, an act making appropriations for

         5       the support of government:  HEALTH AND MENTAL

         6       HYGIENE BUDGET.

         7                  ACTING PRESIDENT BRESLIN:    Are

         8       there any Senators wishing to be heard?

         9                  SENATOR FUSCHILLO:    Explanation.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Kruger, an explanation has been

        12       requested by Senator Fuschillo.

        13                  SENATOR CARL KRUGER:    Thank you,

        14       Mr. President.

        15                  This is the health and mental

        16       hygiene portion of the budget.  The bill

        17       appropriates $5.9 billion for the Department

        18       of Health on an All Funds basis.  When

        19       combined with the appropriations enacted in

        20       previous emergency budget bills, a total of

        21       $58.4 billion in All Funds support is provided

        22       to the department, which is $683 million or

        23       1.2 percent above the Executive Budget, which

        24       provides $123.4 million in federal funds for

        25       the federal healthcare --



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         1                  ACTING PRESIDENT BRESLIN:    Excuse

         2       me, Senator Hannon.  Why do you rise?

         3                  SENATOR HANNON:    I just would ask

         4       if they could turn up the sound on Senator

         5       Kruger.  Because I'm sitting here, it's

         6       relatively quiet in the chamber, and I can't

         7       hear him.

         8                  ACTING PRESIDENT BRESLIN:    What

         9       did you say, Senator?

        10                  (Laughter.)

        11                  ACTING PRESIDENT BRESLIN:    Point

        12       taken, Senator Hannon.

        13                  SENATOR CARL KRUGER:    For the

        14       purposes of clarity for Senator Hannon, I'll

        15       repeat what I had said.

        16                  This is the health and mental

        17       hygiene portion of the budget bills.  This

        18       bill appropriates $5.9 billion for the

        19       Department of Health on an All Funds basis,

        20       which, combined with appropriations enacted in

        21       previous emergency extenders, is a total of

        22       $58.4 billion in All Funds support for the

        23       department.  That's $683 million or

        24       1.2 percent above the Executive Budget.

        25                  We provide $123.4 million in



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         1       federal funds for the Federal Healthcare

         2       Reform Act of 2010, which includes the

         3       development of a high-risk pool for uninsured

         4       individuals.  We restore $4.3 billion in

         5       funding for various HIV and AIDS programs and

         6       initiatives funded under the AIDS Institute.

         7       The total funding available for the AIDS

         8       Institute is $119 million.

         9                  ACTING PRESIDENT BRESLIN:    Thank

        10       you, Senator Kruger.

        11                  Are there any other Senators

        12       wishing to be heard?

        13                  Senator Padavan.

        14                  SENATOR PADAVAN:    Would Senator

        15       Kruger yield to a question or two.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Kruger, will you yield?

        18                  SENATOR CARL KRUGER:    Yes, I do,

        19       Mr. President.

        20                  SENATOR PADAVAN:    Thank you,

        21       Senator.  Does this portion of the budget deal

        22       with the establishment of community residences

        23       for the mentally disabled and retarded?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Kruger.



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         1                  SENATOR CARL KRUGER:    For the

         2       purpose of clarity, Mr. President, Senator

         3       Padavan, are you talking about the new court

         4       decision?

         5                  SENATOR PADAVAN:    No, I'm not

         6       talking about any court decision.  I'm talking

         7       about the program, the New York Cares program

         8       that's been in effect in a number of years,

         9       and the establishment of community residences

        10       for the mentally ill and the mentally retarded

        11       under OMRDD, largely.  It would be part of the

        12       OMRDD budget.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Kruger.

        15                  SENATOR CARL KRUGER:    Through

        16       you, Mr. President, no, that was not part of

        17       this budget bill, Senator Padavan.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Padavan.

        20                  SENATOR PADAVAN:    If the Senator

        21       would yield.  What part of the budget is it in

        22       if it's not in this part?

        23                  SENATOR CARL KRUGER:    Through

        24       you, Mr. President, the portion that you're

        25       talking about, Senator Padavan, was originally



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         1       part of the Executive Budget which was not

         2       changed by these budget bills.

         3                  SENATOR PADAVAN:    Thank you.

         4       Would the Senator yield again.

         5                  SENATOR CARL KRUGER:    Yes, I do,

         6       Mr. President.

         7                  SENATOR PADAVAN:    Well, it is in

         8       the Executive Budget, which you're saying will

         9       be what it is and this will be folded into it.

        10                  Therefore, in the Executive Budget,

        11       what is the extent of that program as relates

        12       to the New York Cares initiative in terms of

        13       community residence development in the State

        14       of New York in the current fiscal year?

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Kruger.

        17                  SENATOR CARL KRUGER:    Through

        18       you, Mr. President.  I will get that

        19       information to you, Senator Padavan, within

        20       the next couple of hours when it's compiled.

        21                  SENATOR PADAVAN:    On the bill.

        22                  Mr. President, you know, it's very

        23       difficult --

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Padavan, on the bill.



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         1                  SENATOR PADAVAN:    I'm sure it's

         2       very difficult for many of my colleagues to

         3       vote on budget bills and be told that, well,

         4       I'll give you the information later.  But

         5       we're voting now.

         6                  That one program, which is so

         7       important -- there are waiting lists, families

         8       with loved ones who are in need of community

         9       resident placement throughout the state.

        10       Wonderful program.  We had the New York Cares

        11       project that lasted for a number of years that

        12       did take care of a good part of the waiting

        13       list, but now that waiting list is growing

        14       again.

        15                  And what I was seeking to find out

        16       is what does the budget provide for this

        17       population.  And obviously the chairman does

        18       not know.  And he'll let me know in a couple

        19       of hours, but it will be too late in terms of

        20       anybody making an intelligent judgment about

        21       this portion of the budget which is so

        22       important to me and I'm sure to many others.

        23                  ACTING PRESIDENT BRESLIN:    Are

        24       there any other Senators wishing to be heard

        25       on the bill?



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         1                  Senator Hannon, on the bill.

         2                  SENATOR HANNON:    On the bill.

         3                  One of the downfalls of not having

         4       public discussion on a budget and having

         5       several hundred pages dropped on you suddenly

         6       is coming across in the middle of the budget

         7       of an appropriation of $123.4 million

         8       supposedly to implement federal healthcare

         9       reform, which includes $59 million of a

        10       high-risk pool, a sum that is well beyond

        11       anything I've ever heard discussed, especially

        12       when we already have a high-risk pool --

        13       without statute to implement it, without

        14       guidelines to implement it, with one of the

        15       big questions whether or not, if the state

        16       participates, will we be obligated above and

        17       beyond what the federal government is going to

        18       provide nationally, which is $5 billion.

        19                  But then to go on, on page 106 and

        20       107, for a list of items:  Ombudsman Resource

        21       Centers, $20 million; Personal Responsibility

        22       Education Grant, $3 million; Medicare

        23       Outreach, $600,000; a real ambiguous

        24       Prevention and Public Health Fund,

        25       $20 million; workforce demo, demonstration



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         1       project, background checks, pregnancy

         2       assessment fund, long-term care grants.  All

         3       well intentioned, I'm sure, but $123 million?

         4                  I haven't seen a press release on

         5       it, I haven't seen a briefing book on it.

         6       I've asked our analysts whether it ever came

         7       up in any of the discussions.  This is not a

         8       good way to do healthcare.

         9                  Thank you, Mr. President.

        10                  ACTING PRESIDENT BRESLIN:    Are

        11       there any other Senators wishing to be heard?

        12                  Hearing none, the debate is closed.

        13       The Secretary will ring the bell.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       can we stand at ease briefly.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       Senate will stand at ease.

        19                  (Whereupon, the Senate stood at

        20       ease at 5:59 p.m.)

        21                  (Whereupon, the Senate reconvened

        22       at 6:19 p.m.)

        23                  ACTING PRESIDENT BRESLIN:    The

        24       Senate will come to order.

        25                  I ask all members to return to the



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         1       chambers at once.  The bells have been

         2       ringing.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT BRESLIN:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Diaz, to explain his vote.

        11                  SENATOR DIAZ:    Thank you,

        12       Mr. President.

        13                  I am the chairman of the Aging

        14       Committee, and I am fully committed to aging

        15       benefits and to aging needs.  I'm a black guy

        16       from Puerto Rico with kinky hair and broken

        17       English.  But I do not appreciate, Mr.

        18       Chairman, Mr. President, I do not appreciate

        19       people trying to get one over on me.

        20                  Today, just in this place, just a

        21       few minutes ago I learned that they're cutting

        22       $5 million out of the aging programs and SNAP,

        23       EISEP, and CSE from the aging -- Community

        24       Service for the Elderly; SNAP, Supplemental

        25       Nutrition Assistance Program for the aging,



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         1       and EISEP.

         2                  I am the chairman of the Aging

         3       Committee.  When would I be informed of that?

         4                  And now, because we are Democrats

         5       and we don't want the government to stop, I

         6       have to be part of the group.  One more time,

         7       I'm going to say again, I am black guy with

         8       kinky hair and broken English from Puerto

         9       Rico.  And stupid.  So I'm going to vote yes

        10       just to honor and out of respect for Senator

        11       Sampson.

        12                  But whoever is doing that in the

        13       finance department of the staff are abusing

        14       and trying to do something which I don't

        15       appreciate.

        16                  Mr. Chairman, I'm voting yes.

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Diaz to be recorded in the

        19       affirmative.

        20                  Senator DeFrancisco, to explain his

        21       vote.

        22                  SENATOR DeFRANCISCO:    On an

        23       earlier bill I mentioned how bad it was to

        24       actually plan on a billion dollars of FMAP

        25       money when it's not quite assured, to put it



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         1       mildly.  It's bad financial planning.

         2                  And just to show that this is not a

         3       Republican versus Democrat concept, I just

         4       want to give you a quote from a famous

         5       individual:  "I think to do a budget without a

         6       contingency on FMAP money would be

         7       irresponsible.  I think the Legislature is

         8       dreaming on this one."

         9                  That wasn't anybody on this side of

        10       the aisle, that was someone running for

        11       Governor by the name of Andrew Cuomo.

        12                  I vote no.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator DeFrancisco will be recorded in the

        15       negative.

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 1288 are

        19       Senators Alesi, Bonacic, DeFrancisco, Farley,

        20       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        21       O. Johnson, Lanza, Larkin, LaValle, Leibell,

        22       Libous, Little, Marcellino, Maziarz, McDonald,

        23       Nozzolio, Padavan, Ranzenhofer, Robach,

        24       Saland, Seward, Skelos, Volker, Winner and

        25       Young.



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         1                  Ayes, 32.  Nays, 29.

         2                  ACTING PRESIDENT BRESLIN:    The

         3       bill is passed.

         4                  The Secretary will continue to

         5       read.

         6                  THE SECRETARY:    In relation to

         7       Calendar Number 1290, Senator Kruger moves to

         8       discharge, from the Committee on Rules,

         9       Assembly Bill Number 9708C and substitute it

        10       for the identical Senate Bill Number 6608B,

        11       Third Reading Calendar 1290.

        12                  ACTING PRESIDENT BRESLIN:

        13       Substitution ordered.

        14                  THE SECRETARY:    Calendar Number

        15       1290, Assembly Budget Bill, Assembly Print

        16       Number 9708C, an act to amend the Public

        17       Health Law.

        18                  ACTING PRESIDENT BRESLIN:    Are

        19       there any Senators wishing to be heard?

        20                  Senator Padavan.

        21                  SENATOR PADAVAN:    Will Senator

        22       Kruger yield to a question.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Kruger, do you yield to a question

        25       from Senator Padavan?



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         1                  SENATOR CARL KRUGER:    Yes, I

         2       will, Mr. President.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Padavan.

         5                  SENATOR PADAVAN:    I notice in the

         6       description of the budget bill before us a

         7       reference to NORCSS, Naturally Occurring

         8       Retirement Community Supportive Service

         9       programs.  Can you tell me what this budget

        10       does for the NORCSS?

        11                  SENATOR CARL KRUGER:    Through

        12       you, Mr. President, the NORC program is

        13       extended and it adopts the Governor's

        14       Executive Budget.

        15                  SENATOR PADAVAN:    What?

        16                  SENATOR CARL KRUGER:    The NORC

        17       program is extended in this budget and it

        18       adopts the Governor's Executive Budget for

        19       appropriations.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Padavan.

        22                  SENATOR PADAVAN:    Will he yield

        23       again.

        24                  ACTING PRESIDENT BRESLIN:    Will

        25       you yield again, Senator?



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         1                  SENATOR CARL KRUGER:    Yes,

         2       Mr. President.

         3                  SENATOR PADAVAN:    What does the

         4       Executive Budget do in terms of funding of

         5       this program?

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Kruger.

         8                  SENATOR CARL KRUGER:    Just

         9       indulge me; we're going to look it up.

        10                  SENATOR PADAVAN:    Okay.

        11                  SENATOR CARL KRUGER:    Unless you

        12       happen to have the answer.

        13                  SENATOR PADAVAN:    I don't have

        14       it.

        15                  SENATOR CARL KRUGER:    Through

        16       you, Mr. President, an appropriation of

        17       $4 million.

        18                  SENATOR PADAVAN:    And if you may

        19       again yield.

        20                  SENATOR CARL KRUGER:    Yes, I do.

        21                  SENATOR PADAVAN:    How does that

        22       compare to --

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Padavan, would you wish --

        25                  SENATOR PADAVAN:    Yes, I asked



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         1       him to yield again.  He said yes.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Padavan, could you address the chair,

         4       please.

         5                  SENATOR PADAVAN:    Yes, I said may

         6       he yield again.  I was looking at you.

         7                  SENATOR CARL KRUGER:    Yes.  Yes,

         8       I do, Mr. President.

         9                  I said there's no cut from the

        10       previous year's appropriation.

        11                  SENATOR PADAVAN:    So it's a wash

        12       in terms of last year?

        13                  SENATOR CARL KRUGER:    Yes, it is.

        14                  SENATOR PADAVAN:    Thank you.

        15                  ACTING PRESIDENT BRESLIN:    Are

        16       there any other Senators wishing to be heard?

        17                  Hearing none, 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 BRESLIN:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT BRESLIN:



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         1       Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 1290 are

         4       Senators Alesi, Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         6       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         7       Libous, Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Padavan, Ranzenhofer, Robach,

         9       Saland, Seward, Skelos, Volker, Winner and

        10       Young.

        11                  Ayes, 32.  Nays, 29.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       bill is passed.

        14                  Senator Klein, that completes the

        15       reading of the controversial supplemental

        16       calendar.

        17                  SENATOR KLEIN:    Mr. President, at

        18       this time can we please go to a reading of the

        19       calendar.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       Secretary will read.

        22                  THE SECRETARY:    Calendar Number

        23       139, substituted earlier today by Member of

        24       the Assembly Mayersohn, Assembly Print Number

        25       3923C, an act to amend the Executive Law.



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         1                  ACTING PRESIDENT BRESLIN:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall effect on the 180th day.

         5                  ACTING PRESIDENT BRESLIN:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       197, by Senator Aubertine, Senate Print 2813C,

        15       an act to amend the Public Authorities Law.

        16                  ACTING PRESIDENT BRESLIN:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT BRESLIN:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT BRESLIN:

        24       Announce the results.

        25                  THE SECRETARY:    Ayes, 60.  Nays,



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         1       1.  Senator Golden recorded in the negative.

         2                  ACTING PRESIDENT BRESLIN:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       287, by Member of the Assembly Amedore,

         6       Assembly Print Number 9826, an act to amend

         7       the Correction Law.

         8                  ACTING PRESIDENT BRESLIN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT BRESLIN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT BRESLIN:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       356, by Senator C. Johnson, Senate Print

        22       5538A, an act to amend the State Finance Law.

        23                  ACTING PRESIDENT BRESLIN:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BRESLIN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT BRESLIN:

         6       Announce the results.

         7                  THE SECRETARY:    Ayes, 61.

         8                  ACTING PRESIDENT BRESLIN:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       358, by Member of the Assembly Glick, Assembly

        12       Print Number 2563A, an act to amend the Civil

        13       Rights Law.

        14                  ACTING PRESIDENT BRESLIN:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect on the 60th day.

        18                  ACTING PRESIDENT BRESLIN:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT BRESLIN:

        22       Announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 358 are

        25       Senators DeFrancisco, Golden, Hannon,



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         1       O. Johnson, Larkin, Marcellino, Padavan,

         2       Ranzenhofer, Skelos and Volker.  Also Senator

         3       Leibell.

         4                  Ayes, 50.  Nays, 11.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       376, by Senator Breslin, Senate Print 5203B,

         9       an act to amend the Insurance Law.

        10                  ACTING PRESIDENT BRESLIN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 4.  This

        13       act shall take effect on the 180th day.

        14                  ACTING PRESIDENT BRESLIN:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Little, to explain her vote.

        19                  SENATOR LITTLE:    Thank you,

        20       Mr. President.  I just wanted to thank you for

        21       this bill.  It's very similar to one that I

        22       supported before, and it's very necessary.

        23                  Many of you recall the Ethan Allen

        24       accident that happened in Lake George on a

        25       tour boat where 20 drowned, 20 senior



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         1       citizens.  And that boat was not required, no

         2       tour boats were required to carry marine

         3       insurance.  And so while that boat had

         4       insurance, it did not have insurance for

         5       anything that happened on the water.

         6                  So this would just require it, with

         7       a minimum, and it's a reasonable minimum that

         8       has been worked upon.

         9                  But I thank you for putting it

        10       forward and thank you for voting for it.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Little will be recorded in the

        13       affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Ayes, 59.  Nays,

        16       2.  Senators O. Johnson and Maziarz recorded

        17       in the negative.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       518, by Senator Parker --

        22                  SENATOR PADAVAN:    Lay it aside.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       bill is laid aside.

        25                  THE SECRETARY:    Calendar Number



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         1       603, by Senator Oppenheimer, Senate Print

         2       7635, an act to amend the Real Property Tax

         3       Law.

         4                  ACTING PRESIDENT BRESLIN:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT BRESLIN:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT BRESLIN:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT BRESLIN:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       653, by Senator Libous, Senate Print 7700C, an

        18       act to amend the Highway Law.

        19                  ACTING PRESIDENT BRESLIN:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT BRESLIN:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  ACTING PRESIDENT BRESLIN:

         2       Announce the results.

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT BRESLIN:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       654, by Senator Dilan, Senate Print 7734, an

         8       act to amend the Highway Law.

         9                  ACTING PRESIDENT BRESLIN:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 5.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT BRESLIN:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  SENATOR PADAVAN:    Lay it aside.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       706, by Senator Oppenheimer, Senate Print

        21       2003A, an act to amend the Election Law.

        22                  ACTING PRESIDENT BRESLIN:    Read

        23       the last section.

        24                  SENATOR LIBOUS:    Lay it aside.

        25                  ACTING PRESIDENT BRESLIN:    The



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         1       bill is laid aside.

         2                  THE SECRETARY:    Calendar Number

         3       715, by Senator Schneiderman, Senate Print

         4       6263C, an act to amend the Insurance Law.

         5                  ACTING PRESIDENT BRESLIN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 4.  This

         8       act shall take effect --

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT BRESLIN:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       736, by Member of the Assembly Cahill,

        14       Assembly Print Number 9950, an act to amend

        15       the Local Finance Law.

        16                  ACTING PRESIDENT BRESLIN:    There

        17       is a home-rule message at the desk.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  SENATOR LIBOUS:    Lay the bill

        22       aside.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       bill is laid aside.

        25                  THE SECRETARY:    Calendar Number



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         1       746, by Senator Breslin, Senate Print 1700B,

         2       an act to amend the Insurance Law.

         3                  ACTING PRESIDENT BRESLIN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the 120th day.

         7                  ACTING PRESIDENT BRESLIN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Announce the results.

        12                  THE SECRETARY:    Ayes, 61.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       bill is passed.

        15                  THE SECRETARY:    Excuse me.

        16                  ACTING PRESIDENT BRESLIN:    Those

        17       voting in the negative on Calendar Number 746

        18       please raise their hands.

        19                  Announce the results.

        20                  THE SECRETARY:    In relation to

        21       Calendar Number 746:  Ayes, 59.  Nays, 2.

        22       Senator O. Johnson and Ranzenhofer recorded in

        23       the negative.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       764, by Senator Adams, Senate Print 7578A, an

         3       act to amend the Racing, Pari-Mutuel Wagering

         4       and Breeding Law.

         5                  ACTING PRESIDENT BRESLIN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT BRESLIN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT BRESLIN:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT BRESLIN:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       801, by Senator C. Kruger, Senate Print 7878,

        19       an act to amend the Education Law.

        20                  ACTING PRESIDENT BRESLIN:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect July 1, 2010.

        24                  ACTING PRESIDENT BRESLIN:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT BRESLIN:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 61.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       812, by Member of the Assembly Espaillat,

         9       Assembly Print Number 4501A, an act to amend

        10       the General Business Law.

        11                  ACTING PRESIDENT BRESLIN:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect on the 180th day.

        15                  ACTING PRESIDENT BRESLIN:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator DeFrancisco, to explain his vote.

        20                  SENATOR DeFRANCISCO:    Yes, I'm

        21       going to vote no.

        22                  At some point we have to have faith

        23       that our citizens of this state have some kind

        24       of common sense.  And to suggest that putting

        25       a label on a sippy cup or a bottle to tell



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         1       about early childhood tooth decay is a

         2       necessary piece of legislation I think insults

         3       the intelligence of the people in our

         4       community.

         5                  And at this rate, we're going to

         6       have a warning label on just about every

         7       product that's sold in the State of New York

         8       for whatever warning that the Legislature can

         9       come up with.  And I just think it's getting

        10       to the point of absurdity now, so I'm going to

        11       vote no.

        12                  ACTING PRESIDENT BRESLIN:

        13       Announce the results.

        14                  THE SECRETARY:    Those recorded in

        15       the negative on Calendar Number 812 are

        16       Senators DeFrancisco, Flanagan, Golden, Lanza,

        17       Larkin, Little, Nozzolio, Ranzenhofer, Skelos,

        18       Volker, Winner and Young.  Also Senators

        19       Farley and O. Johnson.

        20                  Ayes, 47.  Nays, 14.

        21                  ACTING PRESIDENT BRESLIN:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       901, by Senator Stavisky, Senate Print 5954D,

        25       an act to amend the Education Law.



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         1                  ACTING PRESIDENT BRESLIN:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BRESLIN:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  ACTING PRESIDENT BRESLIN:

         9       Announce the results.

        10                  THE SECRETARY:    Ayes, 61.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       983, by Senator Schneiderman, Senate Print --

        15                  SENATOR LIBOUS:    Lay it aside.

        16                  ACTING PRESIDENT BRESLIN:    The

        17       bill is laid aside.

        18                  THE SECRETARY:    Calendar Number

        19       986, by Senator Squadron, Senate Print 7855B,

        20       an act to amend the General Construction Law

        21       and the Business Corporation Law.

        22                  ACTING PRESIDENT BRESLIN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 4.  This

        25       act shall take effect on the 60th day.



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         1                  ACTING PRESIDENT BRESLIN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT BRESLIN:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 60.  Nays,

         7       1.  Senator O. Johnson to be recorded in the

         8       negative.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1071, by Senator Huntley, Senate Print 2061A,

        13       an act to amend the Public Authorities Law.

        14                  ACTING PRESIDENT BRESLIN:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT BRESLIN:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT BRESLIN:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 61.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1088, by Senator Savino, Senate Print 5953A,

         3       an act authorizing the Commissioner of

         4       Finance.

         5                  ACTING PRESIDENT BRESLIN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT BRESLIN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Bonacic, to explain his vote.

        14                  SENATOR BONACIC:    You know, I've

        15       always voted against these tax-exempt

        16       measures, and I think it's appropriate at this

        17       time to say why we vote in view of the budget

        18       bills that have passed today.  And I'm not

        19       picking on the sponsor of this particular

        20       legislation.

        21                  But the concern of the Senate has

        22       always been property tax reform and lowering

        23       the property tax burden.  I don't know if you

        24       realize that the tax-exempt burden, it now,

        25       based on the 2006 assessment, is over



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         1       $600 billion.  And every time you take a

         2       parcel and make it tax-exempt, you are

         3       increasing the tax burden on all homeowners

         4       and other businesses.

         5                  So whenever you think of property

         6       tax relief, think of the other side of the

         7       ledger, that if we start to remove the abuses

         8       of tax-exempt we can give real property tax

         9       burden relief to our homeowners and our

        10       businesses.

        11                  Thank you very much, Mr. President.

        12       I vote no.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Bonacic will be recorded in the

        15       negative.

        16                  Announce the results.

        17                  THE SECRETARY:    Ayes, 59.  Nays,

        18       2.  Senators Bonacic and Larkin recorded in

        19       the negative.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1097, by Senator Addabbo, Senate Print 7153A,

        24       an act to --

        25                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       1098, by Senator Dilan, Senate Print 1103A, an

         5       act to amend the Social Services Law.

         6                  ACTING PRESIDENT BRESLIN:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BRESLIN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT BRESLIN:

        14       Announce the results.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 1098 are

        17       Senators Bonacic, DeFrancisco, Farley,

        18       Flanagan, Hannon, O. Johnson, Lanza, Larkin,

        19       LaValle, Libous, Nozzolio, Ranzenhofer,

        20       Saland, Seward, Skelos, Volker and Winner.

        21       Also Senators Griffo and Young.

        22                  Ayes, 42.  Nays, 19.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1102, by Senator Valesky, Senate Print 7544A,

         2       an act to amend the Retirement and Social

         3       Security Law.

         4                  ACTING PRESIDENT BRESLIN:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT BRESLIN:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT BRESLIN:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT BRESLIN:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1104, by Senator Addabbo, Senate Print 7591C,

        18       an act to amend the Public Authorities Law.

        19                  SENATOR PADAVAN:    Lay it aside.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is laid aside.

        22                  THE SECRETARY:    Calendar Number

        23       1117, by Senator Stachowski, Senate Print

        24       8092A, an act to amend the Insurance Law.

        25                  ACTING PRESIDENT BRESLIN:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 5.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT BRESLIN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Seward, to explain his vote.

         9                  SENATOR SEWARD:    Yes, thank you,

        10       Mr. President.

        11                  This legislation before us, which

        12       would create some new, innovative, some would

        13       say riskier reserving options for carriers to

        14       break into the municipal bond insurance market

        15       here in New York State, is one that I continue

        16       to have some questions regarding.

        17                  However, I am going to support the

        18       legislation.  It has been amended by the

        19       sponsor.  There is now a five-year sunset in

        20       the bill.  And of course whatever happens if

        21       this becomes law will be under the careful,

        22       watchful eye and approval process at the

        23       Insurance Department.  So based on that, I

        24       vote aye.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Seward will be recorded in the

         2       affirmative.

         3                  Senator Stachowski, to explain his

         4       vote.

         5                  SENATOR STACHOWSKI:    Yeah, just

         6       briefly, I'd like to thank Senator Seward for

         7       his comments and point out that we worked with

         8       Senator Seward and with yourself,

         9       Mr. President, in making some changes to the

        10       legislation.

        11                  I think it's important to note that

        12       currently in the municipal bond market there's

        13       only one provider.  And this new innovative

        14       idea -- and as Senator Seward pointed out

        15       before me, still anything that they -- any

        16       participation they have has to be okayed by

        17       the Insurance Department.  So there's all

        18       kinds of safeguards in that respect.

        19                  And the only riskiness, if that is

        20       any -- and I don't think it's really risky --

        21       is instead of all cash, it's cash, it's

        22       treasuries, and it's very secure municipals as

        23       backup on this.

        24                  It's a patented way of funding it.

        25       Competition should make for cheaper bonds for



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         1       municipalities, and therefore saving the

         2       taxpayers money.  So we think it's a great

         3       idea to try.

         4                  Obviously the safeguard, the main

         5       safeguard in this bill is that before anything

         6       can happen, the Insurance Department has to

         7       sign off on it after close investigation.

         8                  So we just think it's a good

         9       opportunity to help our municipalities save

        10       money and our taxpayers in particular save

        11       money through lowering the cost of municipal

        12       bonding, and we're glad to have everybody's

        13       support, hopefully.  And I vote aye.

        14                  ACTING PRESIDENT BRESLIN:    Thank

        15       you, Senator Stachowski.  You will be recorded

        16       in the affirmative.

        17                  Announce the results.

        18                  THE SECRETARY:    Those recorded in

        19       the negative on Calendar Number 1117 are

        20       Senators O. Johnson, Larkin and Volker.

        21                  Ayes, 58.  Nays, 3.

        22                  ACTING PRESIDENT BRESLIN:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1204, by Senator Parker --



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         1                  SENATOR KLEIN:    Lay the bill

         2       aside for the day, please.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is laid aside for the day.

         5                  THE SECRETARY:    Calendar Number

         6       1243, by Senator Valesky, Senate Print 7814B,

         7       an act to authorize the lease of lands.

         8                  ACTING PRESIDENT BRESLIN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 15.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT BRESLIN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT BRESLIN:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 60.  Nays,

        18       1.  Senator Ranzenhofer recorded in the

        19       negative.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1260, by Senator Thompson, Senate Print 8338,

        24       an act to amend the General Municipal Law.

        25                  ACTING PRESIDENT BRESLIN:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 6.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT BRESLIN:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  ACTING PRESIDENT BRESLIN:

         8       Announce the results.

         9                  THE SECRETARY:    Ayes, 59.  Nays,

        10       2.  Senators Volker and Young recorded in the

        11       negative.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1264, by Senator Espada --

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       1268, by Senator Klein, Senate Print 6928B, an

        21       act to amend the Education Law.

        22                  ACTING PRESIDENT BRESLIN:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect --



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         1                  SENATOR PADAVAN:    Lay it aside.

         2                  ACTING PRESIDENT BRESLIN:    The

         3       bill is laid aside.

         4                  THE SECRETARY:    Calendar Number

         5       1270, by Senator Foley, Senate Print 7447A, an

         6       act to authorize certain school districts.

         7                  SENATOR PADAVAN:    Lay it aside.

         8                  ACTING PRESIDENT BRESLIN:    The

         9       bill is laid aside.

        10                  THE SECRETARY:    Calendar Number

        11       1272, by the Assembly Committee on Rules,

        12       Assembly Print Number 11389, an act to amend

        13       the Public Officers Law.

        14                  ACTING PRESIDENT BRESLIN:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT BRESLIN:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  SENATOR PADAVAN:    Is this 1272?

        22                  ACTING PRESIDENT BRESLIN:    Yes.

        23                  SENATOR PADAVAN:    Lay it aside,

        24       please.

        25                  ACTING PRESIDENT BRESLIN:    The



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         1       bill is laid aside.

         2                  Senator Klein, that completes the

         3       reading of the noncontroversial calendar.

         4                  SENATOR KLEIN:    Mr. President, at

         5       this time can we please go to a reading of the

         6       controversial calendar.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       Secretary will ring the bell for the

         9       controversial reading of the calendar.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       518, by Senator Parker, Senate Print 4291C, an

        13       act to amend the State Finance Law.

        14                  ACTING PRESIDENT BRESLIN:    Are

        15       there any Senators wishing to be heard?

        16                  Seeing none, the debate is closed.

        17       The Secretary will ring the bell.

        18                  ACTING PRESIDENT VALESKY:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 180th day.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT VALESKY:



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         1       Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 518 are

         4       Senators Alesi, Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         6       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         7       Libous, Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Padavan, Ranzenhofer, Robach,

         9       Saland, Seward, Skelos, Volker, Winner and

        10       Young.

        11                  Ayes, 32.  Nays, 29.

        12                  ACTING PRESIDENT VALESKY:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       654, by Senator Dilan, Senate Print 7734, an

        16       act to amend the Highway Law.

        17                  ACTING PRESIDENT VALESKY:    Are

        18       there any Senators who wish to be heard?

        19                  Seeing none, the debate is closed.

        20       The Secretary will ring the bells and read the

        21       last section.

        22                  THE SECRETARY:    Section 5.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Senator O. Johnson, to explain his vote.

         4                  SENATOR OWEN JOHNSON:    Yes,

         5       Mr. President.  This bill I don't believe is

         6       desirable because there's no reference to the

         7       zoning of that area, whether it's suitable for

         8       that purpose or not.

         9                  The local government may not desire

        10       that.  These windows can make an awful lot of

        11       noise in the neighborhood.  Solar electric is

        12       a good idea, but wherever you place it is

        13       important.  So I think I think the local

        14       government should have their prerogative to

        15       say whether or not they accept this before

        16       it's put in place.  Thank you.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Owen Johnson to be recorded in the

        19       negative.

        20                  Senator Alesi, to explain his vote.

        21                  SENATOR ALESI:    Thank you,

        22       Mr. President.

        23                  I have been on record from the

        24       earliest times of being supportive of all

        25       kinds of sensible alternative energy sources.



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         1                  One thing that concerns me is the

         2       location of windmills is now starting to

         3       become a very popular thing, and perhaps it

         4       should be.  But the state has at this point no

         5       real comprehensive plan about the regional

         6       locations of windmills.

         7                  I'm especially concerned about the

         8       fact that in some of the more scenic areas of

         9       the state -- the Finger Lakes, for example --

        10       we're starting to see small towns pitted

        11       against each other because windmills are being

        12       located just miles away from some neighbor's

        13       property and they have absolutely no say in

        14       where these windmills are located, destroying

        15       the scenic vistas of precious lands.

        16                  So until I can see that there's

        17       some kind of a sensible regional approach that

        18       might also deal with the placement of

        19       windmills on the southern shore of Lake

        20       Ontario, part of which I represent, I am very

        21       sensitive to a bill that does what this bill

        22       does and I will be voting no on it.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Alesi to be recorded in the negative.

        25                  Announce the results.



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         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 654 are

         3       Senators Alesi, Bonacic, DeFrancisco, Farley,

         4       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         5       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         6       Libous, Little, Marcellino, McDonald,

         7       Nozzolio, Padavan, Ranzenhofer, Robach,

         8       Saland, Seward, Skelos, Volker, Winner and

         9       Young.

        10                  Ayes, 33.  Nays, 28.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       706, by Senator Oppenheimer, Senate Print

        15       2003A, an act to amend the Election Law.

        16                  ACTING PRESIDENT VALESKY:    Seeing

        17       no Senators to speak on the bill, the

        18       Secretary will ring the bells.  All Senators

        19       are asked to return to the chamber for the

        20       roll call.

        21                  Read the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect January 1, 2012.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Announce the results.

         4                  THE SECRETARY:    Those recorded in

         5       the negative on Calendar Number 706 are

         6       Senators Alesi, Bonacic, DeFrancisco, Farley,

         7       Flanagan, Fuschillo, Golden, Griffo,

         8       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         9       Libous, Little, Marcellino, Maziarz, McDonald,

        10       Nozzolio, Padavan, Ranzenhofer, Robach,

        11       Saland, Seward, Skelos, Volker, Winner and

        12       Young.

        13                  Ayes, 33.  Nays, 28.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       715, by Senator Schneiderman, Senate Print

        18       6263C, an act to amend the Insurance Law.

        19                  ACTING PRESIDENT VALESKY:    Are

        20       there any Senators who wish to be heard?

        21                  Senator Hannon.

        22                  SENATOR HANNON:    On the bill.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator Hannon, on the bill.

        25                  SENATOR HANNON:    This is a bill



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         1       that would allow for a private right of action

         2       if there were an insurance company that

         3       withdrew a line of products because of

         4       discriminatory purposes.

         5                  I originally looked into it because

         6       I believe it contradicts some of the federal

         7       law, federal law of the Healthcare Reform Act,

         8       which prohibits rescission by insurance

         9       companies.

        10                  But upon reading it, I believe that

        11       it's even more well considered -- or less well

        12       considered, because it says that if there's

        13       discrimination in the withdrawal of an

        14       insurance product, then the company itself is

        15       subject to a lawsuit, and presumably with

        16       damages to be awarded and attorneys fees to be

        17       awarded by the people who are bringing the

        18       suit.

        19                  And I was thinking if you're an

        20       insurance company you're never then going to

        21       subject yourself to this type of action.  Even

        22       though the product line you have may be an

        23       ever-shrinking line, maybe something not

        24       popular, maybe better to be incorporated in a

        25       broader set of coverages.  And then, once that



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         1       starts to happen, they'll leave that product

         2       in place but they'll have to start charging

         3       greater amounts for the premium because there

         4       will be less people covered.

         5                  In other words, insurance spreads

         6       risk.  When you spread risk you can have a

         7       supposedly reasonable premium but when the

         8       risk gets less well spread, then the premium

         9       goes up.

        10                  And so for that reason,

        11       Mr. President, I'm going to vote against this.

        12       I think this is going to have a reverse effect

        13       than what the sponsor intends, and I don't

        14       think it's as well thought out as it should

        15       be.

        16                  ACTING PRESIDENT VALESKY:    Thank

        17       you, Senator Hannon.

        18                  Are there any other Senators who

        19       wish to be heard?

        20                  Seeing none, the debate is closed.

        21       The Secretary will ring the bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 4.  This

        24       act shall take effect on the first of January.

        25                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Schneiderman, to explain his vote.

         5                  SENATOR SCHNEIDERMAN:    Thank you,

         6       Mr. President.

         7                  This is an amended version of a

         8       bill we passed a few weeks ago.  Again, this

         9       is the bill that arose out of the case of Ian

        10       Pearl, a 37-year-old man with muscular

        11       dystrophy who lost his New York insurance when

        12       his carrier canceled the entire class of

        13       policies as a pretext to get him off because

        14       he was costing them too much money.

        15                  This protects all the insured in

        16       the State of New York against this sort of

        17       conduct.  It's been amended to deal with some

        18       of the issues that were raised since the last

        19       time.

        20                  And I do want to note, just to put

        21       my distinguished colleague on the other side

        22       of the aisle at ease, actually the bill that

        23       we passed a couple of weeks ago had a private

        24       right of action in it, the one that only eight

        25       people voted no on.  This has been amended so



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         1       that the private right of action provision was

         2       taken out.

         3                  I vote yes, Mr. President.  This is

         4       something that's going to make a lot of

         5       New Yorkers a lot safer and ensure that you

         6       have insurance coverage when you really need

         7       it.  Thank you.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Schneiderman to be recorded in the

        10       affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 59.  Nays,

        13       2.  Senators Golden and Hannon recorded in the

        14       negative.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       736, by Member of the Assembly Cahill,

        19       Assembly Print Number 9950, an act to amend

        20       the Local Finance Law.

        21                  ACTING PRESIDENT VALESKY:    Are

        22       there any Senators who wish to be heard?

        23                  Seeing none, the debate is closed.

        24       The Secretary will ring the bells.

        25                  There is a home-rule message at the



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         1       desk.

         2                  Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT VALESKY:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 61.

         9                  ACTING PRESIDENT VALESKY:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       983, by Senator Schneiderman, Senate Print

        13       7280A, an act to amend the Public Authorities

        14       Law.

        15                  ACTING PRESIDENT VALESKY:    Are

        16       there any Senators who wish to be heard?

        17                  Seeing none, the debate is closed.

        18       The Secretary will ring the bells.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 4.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT VALESKY:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 61.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1097, by Senator Addabbo, Senate Print 7153A,

         5       an act to amend the Environmental Conservation

         6       Law.

         7                  ACTING PRESIDENT VALESKY:

         8       Senator Padavan.

         9                  SENATOR PADAVAN:    Thank you,

        10       Mr. President.  On the bill.

        11                  ACTING PRESIDENT VALESKY:

        12       Senator Padavan, on the bill.

        13                  SENATOR PADAVAN:    Yeah.  There

        14       are some very serious concerns relevant to

        15       this legislation that have been generated --

        16       primarily from the City of New York -- in

        17       terms of the impact that this bill might have

        18       in a variety of ways.

        19                  First, the memo from the mayor's

        20       office outlines what the options are if the

        21       products that we're talking about were to be

        22       transported by other than rail.  They point

        23       out that it would take like four tractor-

        24       trailer trucks to replace one railcar if you

        25       were in any way going to discourage our rail



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         1       system from carrying this kind of waste.

         2                  The costs associated with doing

         3       what this bill would require, putting a cover

         4       on the railcar, would be in effect a safety

         5       problem.  If it were pulled loose and that

         6       train is going down the track passing railroad

         7       stations and it's dragging along the side, the

         8       potential for hurting someone, perhaps even

         9       seriously so, exists.

        10                  The liability that the railroad

        11       would then have if they were to use or do what

        12       this bill requires them to do would be

        13       extensive.  So not only is there a cost factor

        14       involved, but the liability is even more

        15       severe and more troubling.  So they would say

        16       no, we're not going to carry this product on

        17       our railcars.

        18                  And now we're back to the

        19       tractor-trailer trucks tromping through our

        20       city day and night with situations that you

        21       and I both experience, I'm sure, that are very

        22       troubling to many, many of our constituents,

        23       causing not only traffic problems and noise

        24       problems but pollution problems from the

        25       diesel fumes associated with these



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         1       tractor-trailer trucks being among them.

         2                  So in view of the fact that the

         3       city is opposing this -- the city has a solid

         4       waste management plan which actually

         5       encourages freight rail in terms of export of

         6       waste.  It's not a high-value commodity, and

         7       any cost difference can make it either viable

         8       or not viable.  And this, according to the

         9       City of New York, would cost an estimated

        10       $145, or $1.20 per ton, in the cost of the

        11       transport.

        12                  So if you look at the safety

        13       issues, the liability issues, the impact that

        14       tractor trailers, which is the only other

        15       alternative, would have on our local streets

        16       and communities, you know, all in all it just

        17       doesn't make sense.

        18                  Keep in mind, these trailers, there

        19       is a mesh that covers the material in

        20       question.  It's not like it's open.  There's a

        21       mesh there that contains the material in

        22       question.  But to put a tarp over it or

        23       another cover over it presents the kinds of

        24       problems that I've just outlined to you.

        25                  And I would urge for all those



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         1       reasons, Mr. President, that we reject this

         2       proposal.

         3                  ACTING PRESIDENT VALESKY:    Thank

         4       you, Senator Padavan.

         5                  Senator Farley.

         6                  SENATOR FARLEY:    Thank you.  I

         7       rise in support of what Senator Padavan was

         8       saying.

         9                  You know, rail is one of the most

        10       efficient, environmentally sound methods of

        11       transportation in this nation.  And this

        12       provides a tremendous burden on them and a

        13       very costly burden.  And like you say, they

        14       may just stop transporting this stuff.

        15                  ACTING PRESIDENT VALESKY:    Thank

        16       you, Senator Farley.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Mr. President,

        19       will the sponsor yield to a few questions.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Addabbo, do you yield?

        22                  SENATOR ADDABBO:    Yes.

        23                  ACTING PRESIDENT VALESKY:    The

        24       sponsor yields.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.  Thank you, Senator Addabbo.

         2                  Mr. President, through you.

         3       Senator Addabbo, does this bill go into effect

         4       statewide or just in certain regions of the

         5       state?

         6                  SENATOR ADDABBO:    As it is

         7       written, Mr. President, through you, it is

         8       statewide.

         9                  SENATOR LIBOUS:    This is

        10       statewide.

        11                  And, Mr. President, if the Senator

        12       would continue to yield.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Addabbo?

        15                  SENATOR ADDABBO:    Yes,

        16       Mr. President.

        17                  ACTING PRESIDENT VALESKY:    The

        18       sponsor yields.

        19                  SENATOR LIBOUS:    It requires a

        20       hardtop on all debris statewide?

        21                  SENATOR ADDABBO:    Through you,

        22       Mr. President, because the problem for people

        23       who live adjacent to a railroad exists

        24       statewide, the answer would be yes, statewide.

        25                  SENATOR LIBOUS:    Mr. President,



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         1       would the Senator continue to yield.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Addabbo, do you continue to yield?

         4                  SENATOR ADDABBO:    Yes, Mr.

         5       President.

         6                  ACTING PRESIDENT VALESKY:    The

         7       sponsor yields.

         8                  SENATOR LIBOUS:    Does it pertain

         9       to construction debris?

        10                  SENATOR ADDABBO:    Mr. President,

        11       through you, because construction debris when

        12       idling on a railroad collects water from

        13       rainfall and during hot humid days would

        14       create a mold, the answer is yes.  Because

        15       it's construction debris that causes a lot of

        16       the odor and the mold that goes into the air.

        17       So the answer would be yes.

        18                  SENATOR LIBOUS:    Mr. President,

        19       would Senator Addabbo continue to yield.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Addabbo?

        22                  SENATOR ADDABBO:    Yes, Mr.

        23       President.

        24                  ACTING PRESIDENT VALESKY:    The

        25       sponsor yields.



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         1                  SENATOR LIBOUS:    Senator, have

         2       there been a variety of complaints in various

         3       areas of the state?  For instance, obviously

         4       you represent the City of New York, and I'm

         5       told the City of New York is against this.

         6                  But I'm wondering, do you have a

         7       handful of complaints from constituents there?

         8       I live in Binghamton.  Do you have any

         9       complaints from people in Binghamton,

        10       Rochester, Syracuse, the Hudson Valley?

        11                  SENATOR ADDABBO:    Mr. President,

        12       through you.  Unfortunately, for my district

        13       there is a major issue here.  For me, this

        14       particular bill and the one that follows it is

        15       constituent-driven.

        16                  Yes, Senator Libous, I have

        17       constituents who are bothered daily, through

        18       all hours of the night, dealing with this

        19       odor.  Not only the odor, they have insects,

        20       mice, rats, raccoons, everything that this

        21       debris would bring because it is not covered.

        22                  So yes, this is constituent-driven,

        23       constituents who could care less that the

        24       mayor opposes this.  Constituents who could

        25       care less that the railroad companies make a



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         1       ton of money, could absorb the cost, denounce

         2       the safety concerns because there have

         3       factually not been any incidents brought to

         4       our attention regarding safety concerns.  And

         5       the constituents could care less that the

         6       railroads don't want to comply.

         7                  All they care about is that day in,

         8       day out, they are breathing bad fumes, odors

         9       from this uncovered waste, that they are

        10       experiencing, like I mentioned, all the

        11       unnecessary attendance from raccoons, mice and

        12       rats and everything else that it brings.  So

        13       unfortunately for my constituents, their

        14       quality of life suffers because this is an

        15       issue that needs to be addressed.

        16                  SENATOR LIBOUS:    Would Senator

        17       Addabbo continue to yield.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Addabbo?

        20                  SENATOR ADDABBO:    Yes,

        21       Mr. President.

        22                  ACTING PRESIDENT VALESKY:    The

        23       sponsor yields.

        24                  SENATOR LIBOUS:    Senator Addabbo,

        25       are you aware that presently the railroads do



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         1       cover municipal solid waste material with a

         2       hard cover?

         3                  SENATOR ADDABBO:    Mr. President,

         4       through you.  Unfortunately, I don't know if

         5       they cover it with a hard -- right now I

         6       understand, and I viewed it in the local

         7       railroad company's spot in my district, that

         8       they cover it with a mesh.  Visible to the

         9       eye, because it's orange.  And unfortunately,

        10       that mesh allows the rainwater to come in and

        11       still allows the mold to grow and the oder to

        12       come out.  And when the train is coupled, that

        13       mesh still allows debris to come out from it.

        14                  So unfortunately, I don't know of

        15       any hard covering or hard tarping that occurs

        16       now, and that's the reason for my introducing

        17       this bill.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  On the bill.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Libous, on the bill.

        23                  SENATOR LIBOUS:    Certainly I

        24       understand what Senator Addabbo is trying to

        25       do.  But it is my understanding,



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         1       Mr. President, in talking to many of the

         2       freight companies, the rail companies who

         3       transport -- and I did it in my capacity as

         4       chairman of the Transportation Committee and

         5       continue to do that as a member or the

         6       Transportation Committee, because I think,

         7       like many others, rail is something that's

         8       very important.  I know Senator Smith is

         9       working very hard on high-speed rail, and at

        10       the same time freight is still extremely

        11       important to the economic development of this

        12       state.

        13                  I'm somewhat concerned here because

        14       again we have a bill on the floor by a

        15       legislator from the City of New York who now

        16       wants to impose something statewide on

        17       everyone.  And I'm not going to get into an

        18       emotional state today as I have in the past.

        19       But this is just the third time within five

        20       days that we have legislation on the floor

        21       that's going to affect the entire state.

        22                  Right now I know also that the

        23       mayor of New York says that this is a bad

        24       idea, and Senator Padavan spoke quite

        25       eloquently on why this is a bad idea for the



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         1       City of New York.

         2                  So I stand here before you a little

         3       confused as to understanding why this

         4       legislation is moving forward not only in the

         5       City of New York, where it is opposed by the

         6       mayor, but also in the rest of the state.

         7                  I am told, in talking with the rail

         8       companies -- because moving freight across

         9       this great state is something that we have

        10       done for many, many hundreds of years and we

        11       want to continue to do because it is important

        12       for economic development in this state.  And I

        13       am told that when it comes to municipal solid

        14       waste that they do put hard cover over the

        15       back of the cars.  When it comes to debris,

        16       they do use the orange mesh, as Senator

        17       Addabbo did state, because sometimes in

        18       hauling debris it becomes a little bit of a

        19       problem.

        20                  But I have to say, Mr. President, I

        21       would say that this is the first time that

        22       anyone has said that that debris has an odor

        23       to it.  I travel, if any of you have ever

        24       traveled up Route 81 or Route 17, and there

        25       are trucks daily bringing garbage from the



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         1       City of New York up the highway.  And quite

         2       frankly sometimes those trucks -- maybe,

         3       Senator Dilan, another issue that we can

         4       address -- but those trucks probably need to

         5       be covered.

         6                  I think doing it by rail is much

         7       more pleasant, is not a distraction to the

         8       scenery of our beautiful state.  And Route 17,

         9       I don't know if any of you have ever traveled

        10       it from -- Senator Larkin's familiar with it.

        11       But I travel from Binghamton to New York City,

        12       take the Palisades Parkway to the bridge.

        13       That's my favorite route because it's so

        14       beautiful and so scenic.  And I get somewhat

        15       aggravated when I see those big 18-wheelers

        16       hauling garbage that's visible from New York

        17       City to some garbage-burning facility in

        18       upstate New York.  I hope wherever that is,

        19       we're making money on it.  But I would rather

        20       see this be hauled by rail.

        21                  And I'm told again, Mr. President,

        22       that when they do haul solid municipal waste,

        23       they do cover the cars with a hard top.

        24                  So there are some other issues with

        25       the hard top.  I think Senator Padavan



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         1       explained them, about safety.  I don't want to

         2       get into those.

         3                  But, Mr. President, I just think

         4       that this bill is not well drafted, is not a

         5       good piece of legislation.  And I would urge

         6       my colleagues, on behalf of commerce and

         7       economic development, to vote no on this bill.

         8                  ACTING PRESIDENT VALESKY:    Thank

         9       you, Senator Libous.

        10                  Are there any other Senators who

        11       wish to be heard?

        12                  Seeing none, the debate is closed.

        13       The Secretary will ring the bells.

        14                  Read the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 90th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Addabbo, to explain his vote.

        22                  SENATOR ADDABBO:    Thank you,

        23       Mr. President.

        24                  You know, hearing the concerns of

        25       Senator Libous, I heard them loud and clear.



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         1       Except that we understand that railroad is a

         2       growing industry, but we want it to grow in

         3       the right direction, and certainly to be more

         4       efficient.  And certainly environmentally

         5       friendly is one way to go.  And I don't

         6       believe that it's going in that direction.

         7                  We do have an issue here, an issue

         8       that is not only for New York City.  I know

         9       for a fact it's in places outside of New York

        10       City, like Long Island.  So we do have an

        11       issue to address here.

        12                  And it's not just the waste that

        13       Senator Libous spoke about, but this has to do

        14       with putrescible waste, waste that could

        15       possibly have an odor.  And that includes a

        16       myriad of different kinds of waste that the

        17       railroads are carrying.

        18                  The concerns that I heard from the

        19       railroad companies, the cost involved -- CSX,

        20       one of the railroad companies, makes

        21       $1.5 billion a year.  If they can't afford a

        22       tarp that costs $145, I don't know what else

        23       they can afford.  They make a lot of money.

        24       Large railroad companies do.  So I don't think

        25       the cost is going to be it.  I don't think



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         1       that's the issue here.

         2                  Safety, of course, is an issue,

         3       even for me.  If I thought this was an unsafe

         4       bill, I would have pulled it a long time.  But

         5       I have not seen concrete evidence of the hard

         6       tarp incidents that they named that might

         7       happen.  Of all the memos of opposition that I

         8       have, the words "could cause an accident" and

         9       "might cause an accident" is not enough for me

        10       when we're talking about such a health

        11       related, environmentally related, and quality

        12       of life related issue.

        13                  Trucks on our roads, I don't want

        14       more trucks on my roads.  But I don't think

        15       this bill will cause that.  It's such a

        16       growing industry, the railroad industry, that

        17       I don't think requiring them to put a hard top

        18       on what maybe a very problematic issue for

        19       people who may have asthma and other illnesses

        20       to me is not going to cause more trucks on the

        21       road.  Again, this is a growing industry.  I

        22       don't think trucks come on the road because we

        23       pass this bill.

        24                  It's not a cost-related issue, it's

        25       not a safety-related issue, it's not a



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         1       truck-related issue.  What it really is is a

         2       health-related issue, an environmentally

         3       friendly-related issue, a quality-of-life-

         4       related issue.  This, for me, is a

         5       constituent-driven issue, brought to my

         6       attention for people who complain each and

         7       every day as they face this.

         8                  So I hope to work with my

         9       colleagues and the office of the mayor as we

        10       look to do something down the line to address

        11       this issue.  Thank you, Mr. President.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Addabbo to be recorded in the

        14       affirmative.

        15                  Senator Padavan, to explain his

        16       vote.

        17                  SENATOR PADAVAN:    Thank you,

        18       Mr. President.  Explaining my vote, I'm going

        19       to illustrate, hopefully, to the sponsor why

        20       this is a hazardous bill.

        21                  There's no doubt about the fact

        22       that the liability issue, beyond the cost of

        23       the tarp and everything else, is critical to

        24       the railroad.

        25                  And as I said earlier, one railcar



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         1       of this material translates to four to five

         2       tractor-trailer trucks.  Now, here's what

         3       those trucks will do.  In the City of New York

         4       alone, 40,000 truck trips per year.  That

         5       translates into air pollution.  And recently

         6       we have a spent a lot of time in this chamber

         7       talking about air pollution with home heating

         8       fuel and other things.  It translates into

         9       2,000 tons per year of carbon dioxide, over

        10       16 tons per year of nitrous oxide, as well as

        11       reductions in particulate matter, volatile

        12       organic compounds and carbon.

        13                  Now, that's a hazard.  All these

        14       tractor-trailer trucks, forget about them

        15       interfering with the normal traffic, the

        16       problems we have on the LIE and on the

        17       Clearview Expressway and other places where

        18       trucks are permitted, pulling over to the

        19       side, running their motors all night,

        20       polluting the air -- all kinds of problems.  I

        21       get those complaints.  And all this will do

        22       will exacerbate it.

        23                  And there's no reason in the

        24       world -- we're trying to get freight on

        25       railcars and reduce traffic on our streets,



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         1       bridges and highways.  We're not trying to do

         2       the reverse.  I vote no.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Padavan to be recorded in the

         5       negative.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President,

         8       can you lay the bill aside for the day,

         9       please.

        10                  ACTING PRESIDENT VALESKY:    The

        11       roll call is withdrawn and the bill is laid

        12       aside for the day.

        13                  The Secretary will continue to

        14       read.

        15                  THE SECRETARY:    Calendar Number

        16       1104, by Senator Addabbo, Senate Print 7591C,

        17       an act to amend the Public Authorities Law.

        18                  SENATOR KLEIN:    Lay it aside for

        19       the day, please.

        20                  ACTING PRESIDENT VALESKY:    The

        21       bill is laid aside for the day.

        22                  THE SECRETARY:    Calendar Number

        23       1264, by Senator Espada, Senate Print 6291, an

        24       act to amend the Social Services Law.

        25                  ACTING PRESIDENT VALESKY:    Are



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         1       there any Senators who wish to be heard?

         2                  Seeing 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 immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Espada, to explain his vote.

        12                  SENATOR ESPADA:    Thank you,

        13       Mr. President.  I want to thank my colleagues,

        14       particularly Senator Diaz.

        15                  Mr. President, this bill provides

        16       for the prohibition of finger-imaging for

        17       those applicants to the food stamp program in

        18       New York City.

        19                  It is ironic that my Republican

        20       colleagues don't find it fit to support this

        21       bill.  In 2007, the finger-imaging was banned

        22       as a requirement for upstate New Yorkers.

        23                  But whether that be upstate,

        24       downstate, anywhere in the state, poor people,

        25       people in need should not be stigmatized,



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         1       should not be criminalized presumptively

         2       because they're in need.

         3                  And by way of this bill today,

         4       New York will leave the ranks of three other

         5       states.  There are only four states in the

         6       United States of America that have seen fit to

         7       carry forth this policy.  And the fact of the

         8       matter is that in those four states that have

         9       finger-imaging, there is a higher percentage

        10       of error rates, there is a higher percentage

        11       of nonparticipation in these areas.

        12                  So today, with support of this

        13       bill, we have increased participation, we have

        14       made more people in New York State who need

        15       food on their table be eligible to get it and

        16       not trade in their dignity and not trade in

        17       their time at work for this kind of need.

        18                  So I wish to thank my colleagues

        19       for their support.  I vote aye.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Espada to be recorded in the

        22       affirmative.

        23                  Senator Golden, to explain his

        24       vote.

        25                  SENATOR GOLDEN:    Thank you,



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         1       Mr. President.

         2                  The roaring '80s are back.  Since

         3       the Democratic control of this chamber, we've

         4       seen the return of the '80s, where we've seen

         5       over 1.3 million people on welfare -- but we

         6       think it's a great idea to do away with

         7       finger-imaging, face-to-face interviews, and

         8       the asset checks.  No asset checks, we think

         9       that's a good idea.

        10                  Crime is up across this state, and

        11       now we're going to do the same thing with

        12       fingertip imaging for food stamps.  Absolutely

        13       absurd.  1.8 million people use this program

        14       every month.  289,000 new people on this

        15       program since 2002.  And fingerprint imaging

        16       hasn't impacted that at all, it's moved right

        17       along.

        18                  And it's done a good job.  Since

        19       1995 we've gotten almost $32 million returned

        20       to us.  Just last year alone, we had over 1400

        21       individuals where we had over $4 million, over

        22       $4 million of savings from waste and fraud.

        23                  Ladies and gentlemen, we cannot

        24       continue to go backwards, we have to go

        25       forward.  We shouldn't be comparing ourselves



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         1       to four states or five states.  We should be

         2       the Empire State.  We have to stop the fraud

         3       and the waste.  Heaven forbid we ever did this

         4       for Medicaid.  I guess that would be like the

         5       biggest sin that we've ever seen.  Could you

         6       imagine the Medicaid fraud that we could stop

         7       if in fact we went into finger-imaging?

         8                  Ladies and gentlemen, you cannot

         9       continue down this path.  Fraud is going to

        10       continue to rise in this state, just as crime

        11       is rising, just as welfare is rising, such as

        12       food stamps are rising here in the State of

        13       New York, we cannot continue to carry the load

        14       as the way we're doing without having this

        15       checks and balances in this system, which is

        16       perfectly simple, perfectly legitimate, and

        17       perfectly acceptable to the majority of the

        18       people that have had these fingerprint imaging

        19       done.

        20                  Ladies and gentlemen, I vote no.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Golden to be recorded in the negative.

        23                  Senator Diaz, to explain his vote.

        24                  SENATOR DIAZ:    Thank you.  Thank

        25       you, Mr. President.  I just rise to support my



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         1       colleague Senator Espada.

         2                  I think that Senator Espada, by

         3       introducing this piece of legislation, is

         4       doing a great service to the poor and the

         5       needy of the State of New York.  Understand

         6       that in every part of life there is always

         7       corruption or there are some people that would

         8       like to do it.  But Senator Espada today has

         9       shown how humane he is, how considerate he is

        10       for the poor and the needy.

        11                  And to put people, to put needy

        12       people in the State of New York through this

        13       shameful, humiliating and degrading action

        14       just so they could eat is something that we

        15       should not allow in the State of New York.

        16                  Senator Espada, thank you for this

        17       piece of legislation.  I am proud to support

        18       you on this one.  Thank you.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Diaz to be recorded in the

        21       affirmative.

        22                  Announce the results.

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 1264 are

        25       Senators Alesi, Bonacic, DeFrancisco, Farley,



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         1       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         2       O. Johnson, Lanza, Larkin, LaValle, Leibell,

         3       Libous, Little, Marcellino, Maziarz, McDonald,

         4       Nozzolio, Padavan, Ranzenhofer, Robach,

         5       Saland, Seward, Skelos, Volker, Winner and

         6       Young.

         7                  Ayes, 32.  Nays, 29.

         8                  ACTING PRESIDENT VALESKY:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1268, by Senator Klein, Senate Print 6928B, an

        12       act to amend the Education Law.

        13                  SENATOR LaVALLE:    Explanation.

        14                  ACTING PRESIDENT VALESKY:

        15       Senator Klein, an explanation has been

        16       requested by Senator LaValle.

        17                  SENATOR KLEIN:    Mr. President,

        18       this legislation would have the Board of

        19       Trustees of the State University of New York

        20       appoint a qualified and experienced individual

        21       as the commissioner of the SUNY campus police

        22       in order to implement the single

        23       centralization program.

        24                  This legislation comes out of the

        25       Task Force on Government Efficiency and the



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         1       report that we did in analyzing SUNY.  One of

         2       the things that we found was that every SUNY

         3       campus has their own police force.  They have

         4       their separate uniforms, separate insignias.

         5       But the thing that costs the taxpayers so much

         6       money is each of these campuses also have

         7       separate chiefs, deputy chiefs, assistant

         8       chiefs.  There's more supervisors in the SUNY

         9       police force than the whole state police force

        10       combined.

        11                  So this is, I think, a very simple

        12       way that we can just have one centralized

        13       chief at a central office who would administer

        14       all of the SUNY campuses around the State of

        15       New York, thus saving the taxpayers anywhere

        16       from $3 million to $5 million a year in

        17       recurring revenue.

        18                  SENATOR LaVALLE:    Senator Klein,

        19       would you yield for a couple of questions.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Klein, do you yield?

        22                  SENATOR KLEIN:    I'd be happy to

        23       yield, Mr. President.

        24                  ACTING PRESIDENT VALESKY:    The

        25       sponsor yields.



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         1                  SENATOR LaVALLE:    Did the SUNY

         2       Board of Trustees ask you for this

         3       legislation?

         4                  SENATOR KLEIN:    No,

         5       Mr. President.  This came, as I said, after an

         6       investigation we had.

         7                  We did question the vice chancellor

         8       of operations for SUNY, told her about this

         9       program.  She was kind of new to the job.  She

        10       said she found it interesting.  But now, lo

        11       and behold, SUNY does not support the

        12       legislation.

        13                  SENATOR LaVALLE:    Who does

        14       support this legislation?

        15                  SENATOR KLEIN:    The legislation

        16       is being supported by the SUNY police

        17       officers, their union.

        18                  SENATOR LaVALLE:    Council 82?

        19                  SENATOR KLEIN:    I believe that

        20       that's the number.

        21                  SENATOR LaVALLE:    Okay.

        22                  On the bill, Mr. President.

        23                  ACTING PRESIDENT VALESKY:

        24       Senator LaValle, on the bill.

        25                  SENATOR LaVALLE:    A number of



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         1       years ago, as chairman of the Senate Committee

         2       on Higher Education, I held a number of

         3       hearings on campus safety.  I must tell you

         4       that Senator Stavisky attended each and every

         5       one of those hearings.  Also, this house

         6       passed -- not once, but twice -- a campus

         7       safety bill.

         8                  During the deliberations in forming

         9       the legislation and the hearings, we heard

        10       from all parties.  I can't remember Council 82

        11       supporting an effort like this.

        12                  So I don't know, Senator Klein,

        13       what the politics are at this time to have

        14       them make a proposal or support something like

        15       this.  Because a centralized municipal police

        16       force tends to work.  Where you have 64

        17       campuses, it does not work in terms of the

        18       safety issue.

        19                  What you are doing, I think

        20       unwittingly, is overriding the president's

        21       decision in formulating a safety policy with

        22       his local chief and working with the central

        23       administration.

        24                  In the many years that I've been

        25       here, you have done one thing that I have not



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         1       seen in many years, and that is an actual memo

         2       in opposition -- a piece of paper -- from

         3       SUNY.  They don't usually do that.  They

         4       usually come around and say, We oppose this

         5       bill, we oppose that bill.

         6                  So what you have gotten them to do

         7       is to actually come out.  And so they must

         8       have some very strong feelings on this

         9       particular bill.

        10                  The issue, the issue of cost.

        11       Well, there seems to be a disagreement, as you

        12       might suspect, from State University and

        13       information from the local chiefs, that if you

        14       took the local chiefs out and made Council 82

        15       members in their place, a captain or whatever,

        16       the whole structure of that, dealing with

        17       overtime and so forth, would not have a

        18       savings but would actually cost the state more

        19       money.

        20                  The most important thing here in

        21       the hearings that I held and the discussions

        22       that we had on the floor dealing with campus

        23       safety is that when you have a system like

        24       SUNY, 64 campuses, each campus differs.  Each

        25       campus, in knowing what requirements they need



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         1       to put into effect, is critically important.

         2                  We talked about, you know, how do

         3       you notify students that there is a campus

         4       closedown.  Well, different campuses indicated

         5       strongly that they wanted to use different

         6       mechanisms, whether it was texting, the

         7       sounding of a horn or other device, and on and

         8       on.

         9                  So the critical issue here is

        10       campus safety, student safety.  And going to a

        11       SUNY commissioner to centralize this authority

        12       overrides what I believe should be a campus

        13       decision with campus individuals giving their

        14       input to provide safety to the students.

        15                  So I recommend that this

        16       legislation not pass this house until we

        17       really take a look at the cost issue.  I think

        18       the trustees deserve an opportunity to see

        19       what the structure is and how that would play

        20       out.  And by not having a specific hearing on

        21       this bill -- and to deal with the campus

        22       safety and security needs proper focus.  One

        23       hearing or hearings dealing generically with

        24       how you save money really doesn't cut it when

        25       we deal with the safety on campuses that you



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         1       are providing in your bill.

         2                  While I think it's well intentioned

         3       in terms of the savings part, that is clearly,

         4       Senator, in dispute.  It's in dispute.

         5                  So I would ask that we have a no

         6       vote on this bill.

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator LaValle.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    On the bill,

        11       Mr. President.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Klein, on the bill.

        14                  SENATOR KLEIN:    Mr. President, I

        15       respect my colleague Senator LaValle and his

        16       knowledge of higher education, but I think I

        17       differ where I think that SUNY administrators

        18       walk on water.

        19                  Clearly the investigation that we

        20       did and the hearings that we followed where we

        21       had a vice president of SUNY for operations

        22       who, when we asked her about the excessive

        23       overtime which exists for nonessential

        24       personnel at campuses, she shrugged and said

        25       overtime is a fact of life at SUNY.



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         1                  So this is merely a way that I

         2       believe we can save money and also have a more

         3       centralized administration.  It certainly

         4       borders on ridiculous that we would have more

         5       supervisors at the SUNY police force, as I

         6       said earlier, than the whole state police

         7       force combined.

         8                  The other issue that I didn't point

         9       out when I explained the legislation was this

        10       actually will increase safety on our campuses.

        11       One of the things that I didn't mention is

        12       presently these supervisors and chiefs at

        13       campus are not required to have any law

        14       enforcement background.  The president of a

        15       university can appoint a sociology professor,

        16       a philosophy professor to be the chief of

        17       police at a campus.

        18                  So clearly if we allow a

        19       centralized unit at SUNY and have a

        20       commissioner of all the police working in

        21       conjunction with individual presidents to

        22       ensure campus safety, I believe we can

        23       actually save the taxpayers money and at the

        24       same time probably get a much safer campus.

        25                  So of course I recommend a yes



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         1       vote, Mr. President.

         2                  ACTING PRESIDENT VALESKY:    Thank

         3       you, Senator Klein.

         4                  Senator Volker.

         5                  SENATOR VOLKER:    Mr. President --

         6       and I'm going to be brief.  I was at those

         7       hearings too, and this is a rather strange

         8       situation.  I'm not exactly sure what the --

         9       and I think the union is behind this.  I think

        10       the union thinks that if they get a guy on

        11       top, they'll become a real police department

        12       somehow.

        13                  You have to remember one thing --

        14       and I was the one that created the SUNY police

        15       department.  But they are not police in the

        16       same way as regular police departments are.

        17       Now, I don't know where this issue of

        18       superintendents and all the rest of the stuff

        19       came from, but I'll tell you what should

        20       happen.  I don't know how you have a police

        21       department on campuses that doesn't have

        22       somebody to oversee them.  That doesn't make

        23       any sense.  It's like a local police chief.

        24                  Now, if they have too many people

        25       that are running the operation, then that



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         1       should be dealt with.  But I know what they

         2       want to do, they want to oversee the men

         3       separate from the SUNY administration.  It's

         4       never going to happen, by the way.  If this

         5       bill passes, it will be vetoed by the Governor

         6       because the SUNY trustees are never going to

         7       let it happen.

         8                  But this is an interesting bill

         9       because it shows the changes in SUNY

        10       personnel.  What needs to be done is a

        11       reorganization, I think, of the SUNY police

        12       maybe on all the campuses.  And if what you

        13       say is true -- and I never have heard of that,

        14       that they've got so many people -- it's got to

        15       be downstate, because it certainly isn't

        16       upstate that they've got so many different

        17       people that are running these campuses.

        18       Because I can tell you, the campuses I know of

        19       haven't got that many people.  I know the

        20       people in charge, and all the people in charge

        21       in my area are either former police officers

        22       or came up through the SUNY ranks.

        23                  So I don't think this is a good

        24       idea.  I think I know the people that talked

        25       about this and where it came from.  But I



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         1       think what has to happen is that the SUNY law

         2       enforcement people have got to come down to

         3       the earth and realize that they are part of

         4       the SUNY system.  And if they want to be a

         5       police department, that's fine, but they're

         6       never going to be a police department in the

         7       same way as the New York State Police and all

         8       the rest of the people who are authorized

         9       cops, which means they can go off and operate

        10       in any place in the state.

        11                  So I think this is a bad idea, I

        12       agree with Senator LaValle, and I'm going to

        13       vote no.

        14                  ACTING PRESIDENT VALESKY:    Thank

        15       you, Senator Volker.

        16                  Senator Marcellino.

        17                  SENATOR MARCELLINO:    Yeah, would

        18       Senator Klein yield to a couple of questions,

        19       please.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Klein, do you yield?

        22                  SENATOR KLEIN:    Yes,

        23       Mr. President.

        24                  ACTING PRESIDENT VALESKY:    The

        25       sponsor yields.



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         1                  SENATOR MARCELLINO:    We heard

         2       before about the 64 campuses located

         3       throughout the state in the SUNY system.  I

         4       have one SUNY, Old Westbury, in my district,

         5       and we border on SUNY Farmingdale, which is

         6       another SUNY school, obviously.

         7                  Do you have any idea how big the

         8       campus is for SUNY Old Westbury?

         9                  SENATOR KLEIN:    No.

        10                  SENATOR MARCELLINO:    It's over

        11       600 acres.  A lot of it treed, wooded, hard to

        12       get through and find -- you can have a lot of

        13       places where you can have some serious

        14       problems if you don't have an adequate force

        15       to deal with that.

        16                  SENATOR KLEIN:    Mr. President,

        17       we're not reducing the force in any way,

        18       Senator.  This is just taking away, as it was

        19       called, the top brass or the supervisors.

        20       We're not in any way reducing the police

        21       force.

        22                  As a matter of fact, in a way of, I

        23       believe, being more efficient, as I said

        24       before, the Senator was surprised but the SUNY

        25       police union testified at the hearing they



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         1       were supportive of this legislation.  And this

         2       was one of their ways to make SUNY, according

         3       to them, more efficient.

         4                  SENATOR MARCELLINO:    Will the

         5       Senator yield.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Klein, do you continue to yield?

         8                  SENATOR KLEIN:    Yes,

         9       Mr. President.

        10                  ACTING PRESIDENT VALESKY:    The

        11       sponsor yields.

        12                  SENATOR MARCELLINO:    How many of

        13       the top brass, how many officers would be

        14       involved in this program?

        15                  SENATOR KLEIN:    Administrators --

        16       I'm sorry, you've got to repeat the question.

        17                  SENATOR MARCELLINO:    Well, you

        18       said you were going to take the top brass of

        19       these officers off the top, get rid of them.

        20       How many are they or are there?

        21                  SENATOR KLEIN:    I think there was

        22       26.

        23                  SENATOR MARCELLINO:    Twenty-six

        24       officers?

        25                  SENATOR KLEIN:    Well, actually



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         1       it's broken up into chiefs and deputy chiefs.

         2       So there's about 27 chiefs, and then you have

         3       some deputy chiefs and then some assistant

         4       deputy chiefs.

         5                  SENATOR MARCELLINO:    Do you have

         6       any idea how many that would be?  How many

         7       would that be, if I may.

         8                  SENATOR KLEIN:    About 47, 50.

         9                  And by the way, their average

        10       salary tends to be over $100,000 a year.

        11                  SENATOR MARCELLINO:    That was my

        12       next question, the average salary --

        13                  SENATOR KLEIN:    Probably

        14       anywhere, looking here, probably about $90,000

        15       to $100,000, on average, their salary.

        16                  And by the way, these are people

        17       who I said before are not required to have any

        18       criminal justice experience or any background.

        19                  SENATOR MARCELLINO:    Through you,

        20       Mr. President, if --

        21                  SENATOR KLEIN:    Unlike the police

        22       officers that actually patrol the campuses.

        23                  SENATOR MARCELLINO:    I gotcha.

        24       How many --

        25                  ACTING PRESIDENT VALESKY:



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         1       Senator Klein, do you continue to yield?

         2                  SENATOR KLEIN:    Yes, Mr.

         3       President.

         4                  ACTING PRESIDENT VALESKY:    The

         5       sponsor yields.

         6                  SENATOR MARCELLINO:    Do you know

         7       of any that are not former police officers or

         8       do not have police officer training?

         9                  SENATOR KLEIN:    I don't know

        10       specific stories.  I can get you those because

        11       I know when the -- both the union and I think

        12       even the vice president of operations

        13       testified, they did give us specific cases.

        14                  SENATOR MARCELLINO:    Do you know

        15       how many of these officers break down, if

        16       there's about 50 and there are 64 campuses --

        17       so not every campus apparently, according to

        18       the numbers you've given me, would have a

        19       captain or a chief or something.  Do you know

        20       which ones don't, for whatever reason?

        21                  SENATOR KLEIN:    I'm not sure

        22       which don't.  But they all had a chief, they

        23       all had a deputy chief.  Some of them had, you

        24       know, assistants as well.

        25                  SENATOR MARCELLINO:    Thank you,



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         1       Senator Klein.  I appreciate the courtesy.

         2                  Mr. President, on the bill.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Marcellino, on the bill.

         5                  SENATOR MARCELLINO:    I taught

         6       school in the City of New York for 20 years.

         7       And I was a UFT member, walked several picket

         8       lines during that 20-year stretch when we had

         9       our disagreements with the Board of Education.

        10       And the system had a hierarchy:  Principal of

        11       the school, assistant principals.  I'll deal

        12       just with the high schools.  The principals

        13       ran the high schools, two assistant

        14       principals, one for administration, one for

        15       guidance the dealing with student matters, the

        16       other one dealing with the hiring and firing

        17       of personnel.  Then you had subject area

        18       chairpeople, the master teachers within the

        19       different subject areas whose job it was to

        20       make sure that the teachers assigned to those

        21       subject areas were able to properly function,

        22       they had what they needed to function and were

        23       in fact doing the job according to the rules

        24       and according to proper pedagogical

        25       procedures.  They did their work.  And they



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         1       were our supervisors, if you were.

         2                  You know something, when I was in

         3       the union we didn't think we needed anybody.

         4       I don't know of any school or any teacher that

         5       actually said to us, you know, we really need

         6       supervision, we really want supervision.  We

         7       don't need it.  These guys get in our way.  We

         8       can all teach better than they can.  We all

         9       know what we're doing.  After all, paper is

        10       supplied, this comes in, that comes in.  Who

        11       needs these guys at the top?  What the heck do

        12       they ever do?

        13                  Well, there came a point in time

        14       when the chairman of the department that I was

        15       in had to leave, and I was asked by the

        16       principal to take over the responsibilities of

        17       the department, become the acting chairperson

        18       of the science department of my high school,

        19       which had approximately, at the time, 5,000

        20       students in it.  Five thousand students in one

        21       high school.  There are school districts

        22       throughout this state that don't have 5,000

        23       students in total, from the prekindergarten

        24       right up through the high schools.  But in

        25       this case, that was the nature of the school.



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         1                  Turned out, as it happened, that I

         2       found out what the chairman of that department

         3       actually did.  And it filled my day and a lot

         4       of nights and a lot of time involved

         5       supervising the teachers of the department,

         6       making sure the administrative duties were

         7       properly performed, observing lessons,

         8       watching to make sure all the security

         9       necessary was done and supplies were involved.

        10       It was a big job and it was important and it

        11       was difficult to do.  And as a teacher, you

        12       didn't comprehend the need.

        13                  So I'm not impressed when I hear

        14       that union members, lower-level rank-and-file

        15       union members don't appreciate being

        16       supervised by higher-level people.  Nobody

        17       likes to be told what to do.  Nobody likes to

        18       be given orders.  Everybody knows what they're

        19       doing -- or everybody feels they do, anyway --

        20       and everybody knows more than the chief who's

        21       in the rank and file, but they don't

        22       necessarily have a larger picture.  So I kind

        23       of dismiss the argument that the union is in

        24       favor of that because, quite frankly, I

        25       wouldn't expect otherwise.



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         1                  I would like to know and it would

         2       be a problem if you said that the person who

         3       was going to be the overall supervisor of all

         4       of the campuses was located in one place --

         5       probably, I would assume, in Albany, just for

         6       argument's sake.  Or pick another location

         7       throughout the state where this super person

         8       would be located.  And how that person would

         9       get up to Buffalo or down to Long Island or in

        10       the Southern Tier or, you know, in the North

        11       Country, find a place, running around.  The

        12       campuses are different, they're diverse, they

        13       vary in size.  Population differences, all

        14       kinds of situations totally different.

        15       Weather conditions vary from one end of the

        16       state to the other.  So you can see the

        17       differences and the diversity.

        18                  I'm all for saving money.  And if

        19       there is a way to look at this and to save

        20       some money in respect to overtime and all the

        21       rest, that's great.  But I'm also concerned,

        22       as my colleague Senator LaValle stated, in the

        23       security of each campus.  Because I said some

        24       campuses are urban and some campuses, such as

        25       the one in SUNY Old Westbury, has hundreds of



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         1       acres.  And a lot of it wooded acres.  So it's

         2       a whole different environment that you have to

         3       deal with and a whole different set of

         4       concerns in worrying about the security.  It

         5       might be easier in secure buildings in a city,

         6       whereas in our area there's almost no way you

         7       can prevent someone from getting on the campus

         8       that you don't want.  There's hundreds of

         9       acres and lots of ways to get in, and you're

        10       on that campus.  Impossible to stop it.

        11       Impossible to stop it.  So you're going to

        12       need perhaps even more people in that

        13       situation rather than less.

        14                  And people do need to be

        15       supervised.  Someone has to know that the

        16       police officers are patrolling where they

        17       belong.  Someone has to know that the security

        18       people are where they should be and not

        19       playing cards someplace else.  You have to

        20       have supervision.  To say that you can run a

        21       place with all the Indians and no chiefs

        22       frankly belies logic.  It simply isn't the

        23       case.  It's impossible to do.

        24                  You've got to have the people to

        25       run it, you've got to have people supervising



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         1       it, you've got to have people on the scene who

         2       will say Officer A is a good officer, is doing

         3       his job or her job and deserves to be

         4       retained, Officer Q is not doing the job and

         5       doesn't deserve to be retained.

         6                  And that means if you're going to

         7       suggest or recommend firing, someone's got to

         8       be in there to write them up, someone's got to

         9       be in there to point out what was wrong and

        10       when it happened and what you did to try

        11       prevent it from happening again.

        12                  Were there training programs put in

        13       place for those people on those campuses?

        14       Just a fire drill, who's going to supervise

        15       that?  Who's going to conduct them?  Who's

        16       going to make sure they happen at the right

        17       time?  All of this is all part of it.  It's

        18       all part of it.  In these days with homeland

        19       security, it's all part of it.  We've got to

        20       make sure that our people, our campuses are

        21       safe.

        22                  I understand what Senator Klein is

        23       trying to do, and I commend him for it.  I

        24       like the idea.  But I'm not sure that this is

        25       the way to go.  Better, better, I think, if we



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         1       held a meeting of all the SUNY presidents,

         2       with the trustees.  Set up a meeting.  Let's

         3       talk about how we can better utilize our

         4       forces.

         5                  What is the police force that's

         6       necessary to protect the campuses

         7       appropriately, to make sure that they're safe

         8       for our kids?  What do we need?  Let's take a

         9       look at that.  Let's take a look at the salary

        10       scale.  Let's take a look at the training

        11       necessary to become a SUNY police officer.  In

        12       fact, does it have to be increased?  Do we

        13       want a non-police officer running the place?

        14       Is it appropriate?  Maybe we want a law that

        15       says you've got to be a trained police officer

        16       and there has to be so many years of training

        17       involved.

        18                  I'd like to see all that.  I don't

        19       think this bill does it quite that way.  I

        20       understand, as I said, what he wants to do,

        21       and I don't disagree with it.  Saving money is

        22       a good thing, especially in a time where we

        23       have a state budget where we don't have a lot

        24       of money to play with.  We've got to be

        25       careful.



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         1                  But I don't think this bill is

         2       going to do it, Mr. Chairman.  So I'm not

         3       going to vote for it because I just don't

         4       think it's there.  Revision, be happy to work

         5       with the sponsor to fix it to do the right

         6       thing, but this doesn't quite cut it.  I'll be

         7       voting no and I suggest a no vote on this

         8       particular bill.

         9                  Thank you, Mr. Chairman.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Thank you, Senator Marcellino.

        12                  Senator Little.

        13                  SENATOR LITTLE:    Thank you,

        14       Mr. President.

        15                  As many of you know, I represent a

        16       very large district:  Six counties, 88 towns,

        17       25 villages, and 53 school districts.  And

        18       since I have been in the Legislature --

        19       particularly in the Senate -- with this size

        20       district, I've been a proponent of sharing

        21       services, of consolidating, of becoming more

        22       efficient, of trying to do things together.

        23                  And I will tell you I've had my

        24       head batted around, especially when I

        25       suggested that two community colleges who were



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         1       both looking for a president, who were right

         2       near each other, combine.  And believe me,

         3       that was not thought of well by those two

         4       community colleges.

         5                  So I came up with a saying --

         6       because this is what I think is happening.

         7       Here we are in a state with among the highest

         8       property taxes in the nation, and everyone

         9       that we talk to wants lower taxes, less

        10       government, and absolutely no change.  And you

        11       can't get it that way.  So we have to do some

        12       change.

        13                  I've been involved in several task

        14       forces.  I've been involved in Senator Klein's

        15       task force on this.  I've talked to the

        16       president of SUNY Plattsburgh.  You know, this

        17       would be modeled, basically, after the State

        18       Police.  But the State Police superintendent

        19       supervises 5,000 State Police all over the

        20       state, with Troop B, Troop G and all of those

        21       different troops and commanders and the like.

        22                  We're talking about about 500 SUNY

        23       police that could be supervised under one

        24       supervision, one administration, and there

        25       definitely would be some savings.  There would



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         1       be a change, but I think it could be done very

         2       well and it could be done safely.

         3                  At SUNY Plattsburgh not only do

         4       they have the police, but they also have these

         5       kind of green poles and lights where any kind

         6       of student or anyone on campus who needs extra

         7       help can pull the lever and, you know, a siren

         8       goes off and all, and someone comes to help

         9       them.

        10                  So, you know, while the details of

        11       this may need to be fixed as we go along --

        12       and they will be -- I think that this is a

        13       good idea and this is where we need to be.  We

        14       have got to control the cost of government.

        15       We have got to make some changes so that we're

        16       not taking as much money out of the taxpayers'

        17       pockets.

        18                  And I support this bill.  Thank

        19       you.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Thank you, Senator Little.

        22                  Senator Saland.

        23                  SENATOR SALAND:    Thank you,

        24       Mr. President.  On the bill.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Saland, on the bill.

         2                  SENATOR SALAND:    Mr. President,

         3       oh, probably six to eight weeks ago I engaged

         4       in a debate with Senator Valesky regarding a

         5       bill dealing with the SUNY police.  And as I

         6       look at the language that's being amended,

         7       it's language that I had drafted and had

         8       negotiated some number of years ago, 10, 12

         9       years ago, perhaps, when we created the SUNY

        10       police force.

        11                  And I believe I mentioned then and

        12       I'll mention again now the SUNY police were

        13       created in response really to an effort on

        14       behalf of the then security personnel who felt

        15       that their efforts as security personnel were

        16       being derided, being ignored, were being in

        17       effect totally -- if not totally, then

        18       certainly substantially abused by students on

        19       campus.

        20                  And if you look at the language,

        21       notwithstanding Senator Little's comments

        22       about consolidation and efficiencies, if you

        23       look at the language, what is important and in

        24       why they were created was for them not to be

        25       like the State Police, not for them to be a



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         1       State Police agency.  They were given police

         2       power primarily for two reasons.  Number one,

         3       to elevate their status.  Number two, for the

         4       ability to pursue someone in hot pursuit who

         5       was leaving the campus.

         6                  Each of the campuses -- and there

         7       are 28 of them that have police forces --

         8       certainly present differently.  I would assume

         9       there are any number of variations on the

        10       theme.  But the first and foremost

        11       responsibility of that SUNY officer is to his

        12       or her campus.  It's not to a campus in some

        13       other part of the state, it's not a campus

        14       30 miles away.  They were created for purposes

        15       of providing security on their campus.  That's

        16       where they belong, and that's where their

        17       focus should be, and that's where they should

        18       be administered.

        19                  And if you look at the language

        20       that's being amended, the language doesn't

        21       give cart blanche to anybody.  It says that

        22       the president of the campus has the ability,

        23       with the approval of the chancellor, to enter

        24       compacts with local police to the extent to

        25       which they wish to have mutual aid agreements.



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         1                  So this is a police force that was

         2       created for the sole purpose of giving them

         3       greater authority on their campus, giving them

         4       the respect due to positions they held and

         5       elevating their status to police officers,

         6       enabling them to leave the campus in hot

         7       pursuit and, where deemed appropriate by the

         8       president of the campus, to enter some type of

         9       mutual aid compact with protocols set forth

        10       with a local police force.

        11                  This does not require, by any

        12       stretch of the imagination, the kind of

        13       administration that occurs with the State

        14       Police.  And to compare this to the State

        15       Police and to look at this through that same

        16       prism really defies and defiles the whole

        17       purpose behind the creation of this police

        18       force.

        19                  Their first, foremost, and virtual

        20       sole responsibility is the campus upon which

        21       they are employed.  Their obligation is to the

        22       students, the faculty, the administration and

        23       any guests on that campus.

        24                  I don't know what is driving these

        25       particular bills at this point to create a



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         1       quasi-State Police force when the elements

         2       just are much like comparing apples and

         3       oranges.  To elevate this to some statewide,

         4       State Police-like police force really is in

         5       derogation of their creation, their role,

         6       their responsibility and their duties.

         7                  So, Mr. President, while the bill

         8       at first blush seems to be something about

         9       administrative efficiencies, it certainly

        10       flies in the face of the original intent of

        11       the legislation, flies in the face of the

        12       purpose of the police force, and I think is

        13       totally uncalled for.

        14                  And the fact is that the SUNY

        15       trustees and assumedly the chancellor -- I

        16       can't believe that there would have been a

        17       memorandum in opposition if the chancellor

        18       felt that there should not have been a

        19       memorandum in opposition -- do not believe

        20       that this is the way to go, and I happen to

        21       concur this is not the way to go.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Thank you, Senator Saland.

        25                  Senator LaValle.



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         1                  SENATOR LaVALLE:    To close the

         2       debate, Mr. President.

         3                  I just wanted to clarify a couple

         4       of things.  The most important thing that came

         5       out of the legislation on campus safety was

         6       what happened at Virginia Tech.  And everyone

         7       out of that situation, in the hearings that we

         8       held and the discussions that we held, clearly

         9       talked about the system that we have in place,

        10       with the president -- who, by the way, Senator

        11       Klein, and I think you know it, is the person

        12       who is solely the authority for whether the

        13       peace officers on that campus will carry

        14       firearms or not.

        15                  So it starts with the president.

        16       It goes down to that individual who is the

        17       chief of the SUNY police on that campus.  And

        18       as far as I know -- and we have documentation

        19       of the kind of training that these police

        20       officers go through.  So I don't know if

        21       there's someone out there, a chief or anyone

        22       else, who doesn't have the kind of training

        23       that other peace officers have.

        24                  I'm taking -- just to clarify

        25       something, because the cost issue seems to be



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         1       important, as you being the chair of the Task

         2       Force on Government Efficiency.  You had

         3       indicated that there were $23 million in

         4       potential savings from SUNY's 2008 budget,

         5       including reductions in overtime pay and

         6       consolidation of campus police forces.

         7                  Now, you talked about Vice

         8       Chancellor Monica Rimai, and she had indicated

         9       she told the committee that much of the

        10       overtime is paid to medical and maintenance

        11       staff and that the system is a 24/7 year-round

        12       operation in which overtime is unavoidable.

        13       And then she said overtime is our reality.

        14                  Then you indicated during these

        15       deliberations that there were a hundred

        16       individuals that made more than 50 percent of

        17       their salary in overtime pay.  Nowhere do I

        18       have in this, which was on Capital

        19       Confidential Blog, no one in overtime were the

        20       people that you want to replace, the chiefs.

        21                  So we're doing all this when the

        22       very individuals don't get overtime pay but

        23       the people that would replace them do get,

        24       would get overtime pay, because they would be

        25       union members from Council 82.



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         1                  As I indicated, this $3 million

         2       savings that you talked about just is a

         3       specious number.  It just does not hold up.

         4       And as I indicated, the substitutes that would

         5       replace the police chiefs, the SUNY police

         6       chiefs, would be eligible for overtime.  The

         7       overtime -- and Monica Rimai indicated that

         8       SUNY's overtime costs are 1.9 percent, well

         9       below the state average of 3.1 percent.

        10                  So as I indicated, I don't know

        11       what is going on in terms of the union and why

        12       they wanted this bill.  But quite honestly,

        13       Senator Klein, they are the only ones that

        14       want this bill.

        15                  And as I indicated, there probably

        16       are no savings of the $3 million that you have

        17       indicated.  But why -- and Senator Saland was

        18       very articulate and right on point -- why

        19       would we do something that is going to

        20       compromise student safety?

        21                  So I ask that there be a no vote on

        22       the bill.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Are there any other Senators wishing to be

        25       heard on the bill?



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         1                  Seeing none, debate is closed.  The

         2       Secretary will please ring the bells.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the first of January.

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Adams, to explain his vote.

        11                  SENATOR ADAMS:    Thank you,

        12       Mr. President.

        13                  I'm going to be voting for this

        14       bill.  We have 76, 76 precincts in New York

        15       City, 12 transit districts, nine PSAs, and we

        16       have one commissioner.  Our college campuses

        17       are not the college campuses of yesteryear.

        18       We need well qualified and trained individuals

        19       to look over the campuses.  Nowhere in Senator

        20       Klein's bill does it state we're taking away

        21       supervisors.  In fact, he points out that he

        22       wants police supervisors.

        23                  And lastly, when you read his

        24       explanation, you see that we currently have

        25       campuses where they have their own training,



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         1       their own standards, all separate.  That is

         2       not how you provide public safety for young

         3       people.  You must have standardized levels.

         4       Even if the terrain is different, the basic

         5       principles or philosophies of public safety

         6       are the same regardless of if it's a snow area

         7       or a sun area.

         8                  And I think this bill is right on

         9       time, it's long overdue.  We have to evolve to

        10       a better system of protecting our young

        11       people.  And having someone at the top will do

        12       the job.  I will be voting aye.

        13                  ACTING PRESIDENT CRAIG JOHNSON:

        14       Senator Adams to be recorded in the

        15       affirmative.

        16                  Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 1268 are

        19       Senators Bonacic, DeFrancisco, Farley, Golden,

        20       Hannon, O. Johnson, Larkin, LaValle,

        21       Marcellino, Padavan, Ranzenhofer, Saland,

        22       Seward, Skelos, Volker and Young.  Also

        23       Senators Leibell and Libous.

        24                  Ayes, 43.  Nays, 18.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       The bill is passed.

         2                  The Secretary will continue to

         3       read.

         4                  THE SECRETARY:    Calendar Number

         5       1270, by Senator Foley, Senate Print 7447A, an

         6       act authorizing certain school districts.

         7                  SENATOR LaVALLE:    Explanation.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Foley, an explanation has been

        10       requested by Senator LaValle.

        11                  SENATOR FOLEY:    Thank you,

        12       Mr. President.

        13                  This legislation would allow school

        14       districts to make a one-time transfer of up to

        15       50 percent from their EBALR reserve account.

        16       And that particular account statewide would

        17       enable school districts to access close to

        18       $485 million.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Are there any Senators wishing to be heard on

        21       the bill?

        22                  Senator Flanagan, why do you rise?

        23                  SENATOR FLANAGAN:    Mr. President,

        24       on the bill.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Flanagan, on the bill.

         2                  SENATOR FLANAGAN:    Thank you.

         3                  We've had discussions about this

         4       type of reserve fund use in the past.  The

         5       Governor had introduced this in his budget.

         6       We had offered amendments which were

         7       unceremoniously defeated here as part of the

         8       extenders.  And now we have this bill before

         9       us, and I'm going to differentiate and say I

        10       support the prudent use of reserve funds to

        11       help mitigate property tax issues in the

        12       districts that we represent.

        13                  But here's my concern with this

        14       bill.  I think this bill goes beyond what we

        15       should be allowing.  Because the bill

        16       specifically says, and it's relatively short,

        17       that school districts are allowed to transfer

        18       up to 50 percent of the total of such monies

        19       or 100 percent of the excess of such monies,

        20       whichever is greater, into the general fund of

        21       the school districts.

        22                  So by using an example, let's

        23       assume you had a fund with $20 million and the

        24       excess was determined to be $5 million.  A

        25       fair reading of this bill would say that you



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         1       can go and take more than the $5 million, and

         2       because you could take more, you could end up

         3       taking $10 million, which would create a

         4       situation -- which we're trying to avoid --

         5       which would allow a school district to take

         6       more than the excess, thereby undermining the

         7       whole point of the reserve fund and

         8       potentially creating a situation where these

         9       are going to be underfunded, and that could

        10       down the road make that situation even worse.

        11                  I understand that the excess is

        12       allowed to be used.  But there's no oversight

        13       here, from what I can see.  And this would

        14       allow school districts to go beyond where we

        15       think we want to let them go.

        16                  And for that reason, Mr. President,

        17       I will be voting no and I urge my colleagues

        18       to do the same.  Well-intended, but the

        19       language needs to be changed so we can protect

        20       the taxpayers while we're trying to help

        21       school districts.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Thank you, Senator Flanagan.

        24                  Senator LaValle.

        25                  SENATOR LaVALLE:    Thank you,



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         1       Mr. President.  On the bill.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Senator LaValle, on the bill.

         4                  SENATOR LaVALLE:    I had similar

         5       legislation.  I think Senator Foley filed his

         6       bill April 12, 2010; mine was February 23,

         7       2009.

         8                  And the most important thing -- and

         9       this came out of something that Comptroller

        10       DiNapoli had caught and had indicated but said

        11       we need legislative authority.  So in the

        12       first line of my bill -- and it goes to what

        13       Senator Flanagan said -- "if after audit and

        14       certification by the State Comptroller that

        15       there are funds in excess of" blah, blah,

        16       blah.  We differ in terms of the prescription.

        17                  I say it goes to real property

        18       relief or, if there is voter-approved capital

        19       projects, which takes the burden off the debt

        20       service that the local taxpayers have to pay.

        21                  So, Senator Foley, I think the most

        22       important thing, there is no oversight.  And

        23       it makes this legislation very deficient.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Oppenheimer.



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         1                  SENATOR OPPENHEIMER:    Thank you.

         2                  I'm going to be voting for this

         3       legislation.  And I guess the only reason I

         4       will is because it's a one-time transfer, only

         5       for this year.  Because I do agree with the

         6       two people that spoke before me.  The ranker

         7       on the Education Committee, John Flanagan said

         8       it exactly right.

         9                  If you are going to be removing

        10       monies that are not in excess -- and that's

        11       one of the options, to remove 100 percent of

        12       the excess.  And that I support.  But if you

        13       take more than the excess, it means that these

        14       monies will have to be replaced at a later

        15       time.  They are essential to the functioning

        16       of the retirement system of that school

        17       district.

        18                  And I will be supporting it, though

        19       the second part of this -- 100 percent of the

        20       excess monies I can see, but 50 percent of the

        21       total, whichever is greater, I cannot see.

        22       But I will be supporting it since this is a

        23       one-time event.  And I hope we can correct it

        24       if this occurs again and it becomes a

        25       second-time or a third-time event.



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         1                  Thank you.

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       Thank you, Senator Oppenheimer.

         4                  Any other Senators wishing to be

         5       heard?

         6                  Senator Marcellino.

         7                  SENATOR MARCELLINO:    I won't ask

         8       any questions, but the appropriate --

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Marcellino, on the bill.

        11                  SENATOR MARCELLINO:    On the bill.

        12       The appropriate language says it could be used

        13       to offset any property tax increases.  That's

        14       great.  But it also says it can be used to

        15       offset any staff reductions.

        16                  This is a one-time hit.  What do

        17       you do next year with that same staff when you

        18       don't have the money to pay for it?  This is a

        19       one-time use of this fund.  And, you know,

        20       it's like we did with the stimulus money; it's

        21       a one-shot.  Went to the schools.  The schools

        22       are now faced with what do we do with these

        23       teachers we paid for last year?  What do we do

        24       with the programs we paid for last year with

        25       money that we're not getting back?



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         1                  A one-shot means it's not coming

         2       back again next year.  You're paying teachers

         3       this year with money you will not get next

         4       year.  How do you replace that money?  You

         5       increase the taxes or you fire the teachers.

         6       So you're in the same boat, you're just

         7       kicking the can down the road.  That's the

         8       problem with the bill.

         9                  Fix the language and I don't have a

        10       problem.  The first part, mitigate property

        11       taxes, great idea.  But more often than not

        12       this is going to go to save jobs -- another

        13       good idea, but how do you pay for them next

        14       year?  A bad idea.

        15                  So in this case I would recommend a

        16       no vote unless you want to pull the bill and

        17       amend it and fix it and do it right.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       Thank you, Senator Marcellino.

        21                  Any other Senators wishing to be

        22       heard?

        23                  Seeing none, debate is closed.  The

        24       Secretary will please ring the bells.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Call the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT CRAIG JOHNSON:

         7       Senator Foley, to explain his vote.

         8                  SENATOR FOLEY:    Thank you,

         9       Mr. Chairman.

        10                  As I mentioned earlier, this

        11       one-time allocation of a transfer will allow

        12       school districts throughout the State of

        13       New York to return over $485 million back to

        14       the taxpayers of those particular component

        15       school districts.

        16                  These school districts, in other

        17       words, Mr. President, will be able to keep

        18       property taxes down with this particular

        19       allocation when they set their tax levies this

        20       September.

        21                  And as far as accountability is

        22       concerned, as we all well know, local school

        23       districts have their own elected body, they

        24       have the school boards.  So the school boards

        25       have the fiduciary responsibility in those



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         1       component school districts.  And yes, they

         2       will be making the decision and therefore they

         3       would have that responsibility.

         4                  So this is a real win/win for the

         5       people of our state at a time of a dire fiscal

         6       situation for our taxpayers.  This is an

         7       opportunity that our school districts could

         8       take if they so desire to help the local

         9       taxpayers.  I would strongly encourage our

        10       colleagues to support this bill.

        11                  I vote in the affirmative.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Senator Foley to be recorded in the

        14       affirmative.

        15                  Senator Marcellino, to explain his

        16       vote.

        17                  SENATOR MARCELLINO:    I agree with

        18       what my learned colleague just said.  And if

        19       everything was just -- if it ended there on

        20       property tax relief, I would be an aye vote on

        21       this bill.

        22                  But the sentence in the bill is

        23       very clear:  "Such funds appropriated by this

        24       section shall only be used to mitigate an

        25       anticipated increase in school property taxes



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         1       and/or restore anticipated or actual

         2       staff-level reductions."

         3                  You've given them a Hobson's

         4       choice.  They're going to either go there or

         5       they're going to save teachers.  It could

         6       happen both ways.  You're going to have

         7       teacher on the line whose salaries are going

         8       to be paid by money this year that won't be

         9       there next year.  This is not a good choice.

        10                  I vote no.

        11                  ACTING PRESIDENT CRAIG JOHNSON:

        12       Senator Marcellino to be recorded in the

        13       negative.

        14                  Senator Saland, to explain his

        15       vote.

        16                  SENATOR SALAND:    Thank you,

        17       Mr. President.

        18                  In a day filled with mysterious

        19       numbers and lack thereof, I heard our Senate

        20       colleague and sponsor of the bill, Senator

        21       Foley, make reference to some $485 million in

        22       savings.  And what I find intriguing about

        23       that is the either/or situation in the bill.

        24       It's either 50 percent of the employee benefit

        25       fund or the excess, whichever is greater.



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         1                  So I don't know whether that

         2       $485 million means we're going to raid the

         3       funds and draw them down to the 50 percent or

         4       whether that is the excess over and above

         5       whatever would be otherwise permissible.  So

         6       it's a rather fuzzy number, but today has been

         7       a great day for fuzzy and mysterious numbers.

         8                  I vote in the negative.  Thank you.

         9                  ACTING PRESIDENT CRAIG JOHNSON:

        10       Senator Saland to be recorded in the negative.

        11                  Senator Alesi, to explain his vote.

        12                  SENATOR ALESI:    Thank you,

        13       Mr. President.

        14                  I am going to support this bill,

        15       although I share the concerns that many of my

        16       colleagues have stated here.  Most notably, at

        17       least in this bill, I think if I can get over

        18       one issue, that the bill allows the school's

        19       governing body to make these decisions -- I

        20       would have grave decisions about any school

        21       governing body that was not elected by the

        22       public.

        23                  But I will vote for the bill.

        24                  ACTING PRESIDENT CRAIG JOHNSON:

        25       Senator Alesi to be recorded in the



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         1       affirmative.

         2                  Announce the results.

         3                  THE SECRETARY:    Those recorded in

         4       the negative on 1270 are Senators DeFrancisco,

         5       Farley, Flanagan, Golden, O. Johnson, Lanza,

         6       Larkin, LaValle, Leibell, Libous, Marcellino,

         7       Nozzolio, Padavan, Ranzenhofer, Saland,

         8       Skelos, Volker and Young.

         9                  Ayes, 43.  Nays, 18.

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       The bill is passed.

        12                  The Secretary will continue to

        13       read.

        14                  THE SECRETARY:    Calendar Number

        15       1272, by the Assembly Committee on Rules,

        16       Assembly Print Number 11389, an act to amend

        17       the Public Officers Law.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Senator Padavan, why do you rise?

        20                  SENATOR PADAVAN:    Mr. President,

        21       I'm going to be brief as I possibly can.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       On the bill, Senator Padavan.

        24                  SENATOR PADAVAN:    There are two

        25       parts of this bill that create problems.  One



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         1       is subjective, and the other is technical

         2       almost to the point -- and I think really at

         3       the point, Senator Espada, where you're going

         4       to get a veto if you don't correct it.

         5                  Now, let me tell you what they are.

         6       And they're in the memo from the City of

         7       New York.  On the subjective part of it, this

         8       bill makes it a Class A misdemeanor if someone

         9       were to release or disclose the contents of a

        10       sealed court record.

        11                  Now, if a clerk were to make a

        12       mistake, some person at an administrative

        13       level, they're facing a jail term.  So what's

        14       going to happen is that they'll be very

        15       reluctant, as this memo says, with the result

        16       that courts, attorneys, schools, mental health

        17       professionals, and law enforcement agencies

        18       with a need for such records will be unable to

        19       obtain them in a timely fashion.

        20                  And then the word "release" is very

        21       broad in the way it's defined here.  That

        22       could also be an individual speaking about a

        23       sealed record, nevertheless even providing it.

        24       So that's one problem.

        25                  But here's the part that's fatal, I



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         1       think, Senator Espada, and you might want to

         2       listen to this.  It says the bill does not

         3       incorporate or acknowledge the lawful

         4       exceptions to sealed requirements which are

         5       already contained in the applicable laws.  For

         6       example, CPL Section 150-50, subdivision 1D,

         7       sets forth the circumstances under which

         8       sealed records may be disclosed without a

         9       court order, including for purposes of firearm

        10       licensing and employment as a police or police

        11       officer.

        12                  Yet -- and here's the part -- the

        13       lawful disclosure becomes a Class A

        14       misdemeanor under your bill.  So, you know, in

        15       effect it shoots itself in the foot.

        16                  I don't think you intended that to

        17       happen.  And I would strongly suggest that you

        18       take a look at this and see what you really

        19       have to do to make the bill viable.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Senator Espada, on the bill.

        22                  SENATOR ESPADA:    On the bill.

        23                  Firstly, I think the amendment to

        24       the Public Officers Law is accurately stated.

        25       That is, it does establish a crime for



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         1       intentional releasing or disclosing of the

         2       nature and substance of a sealed court record.

         3       And we're clearly spelling out intentionally,

         4       and we're clearly saying that "intentionally"

         5       means and meets all the standards of intent:

         6       Knowingly, recklessly, negligently, strict

         7       liability accruing to that intent.

         8                  And we have unfortunately tragic,

         9       tragic situations -- and by way of explanation

        10       I wish to dedicate this bill to the family of

        11       Patrick Dorsimond, who 10 years ago, an

        12       unarmed security guard, was fatally shot by a

        13       police officer.  No trial for the Dorsimond

        14       shooter, but the juvenile records of this

        15       young man were released.

        16                  And obviously he died.  And all of

        17       the damage that accrued through the media was

        18       a result of Mayor Giuliani intentionally

        19       releasing this information, knowingly

        20       releasing this information for the media to

        21       create the kind of criminality that he sought

        22       to create.

        23                  And so this bill is necessary

        24       because there are these celebrated and

        25       unfortunate and tragic cases, but it happens



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         1       all the time to our young people in the

         2       criminal justice system.

         3                  And so we're clear about what

         4       intent means, we're clear how it applies.  And

         5       I ask my colleagues to support this bill

         6       because this is true justice.  True justice

         7       for our young people, true justice for any of

         8       us that could be caught in a circumstance in

         9       which our youthful indiscretions we wish to

        10       leave behind us.  The law allows for that, and

        11       anybody who breaks the law intentionally

        12       should pay for that.

        13                  Lastly, lastly --

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Padavan, why do you rise?

        16                  SENATOR PADAVAN:    I'll let him

        17       finish.

        18                  ACTING PRESIDENT CRAIG JOHNSON:

        19       Okay.  Senator Espada, continue.

        20                  SENATOR ESPADA:    Lastly, the

        21       ceiling provisions attach to the record.  That

        22       is, even if you're dead you cannot release

        23       these records unless a representative of your

        24       estate or a court determines that they can be

        25       released.



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         1                  Thank you, Mr. President.  I shall

         2       vote aye.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       Thank you, Senator Espada.

         5                  Senator Padavan.

         6                  SENATOR PADAVAN:    Will the

         7       Senator yield to a question.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Espada, will you yield for a question

        10       from Senator Padavan?

        11                  SENATOR ESPADA:    Yes, of course.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       The sponsor yields.

        14                  SENATOR PADAVAN:    Senator Espada,

        15       it says here -- and I'm going to read it,

        16       because I want to be accurate:  "Lawful

        17       disclosure becomes a Class A misdemeanor,

        18       pursuant to the language of the bill, which

        19       specifically cites the various ceiling

        20       statutes but prohibits the lawful disclosure

        21       provided for in the statute that it cites."

        22                  I mean, to me it's very clear,

        23       there's a major contradiction there.  And I'm

        24       not even a lawyer and I understand it.

        25                  ACTING PRESIDENT CRAIG JOHNSON:



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         1       Senator Espada.

         2                  SENATOR ESPADA:    Well, I have no

         3       response in that I think it's misinterpreted,

         4       misunderstood.  And we stand by our bill.

         5       It's carefully crafted.  And quite frankly, we

         6       add chapter amendments all the time here.

         7                  But in this instance we're clear in

         8       defining intent here, and we're clear as to

         9       the relief and the sanctions that should

        10       accrue.

        11                  Thank you very much, Mr. President.

        12                  ACTING PRESIDENT CRAIG JOHNSON:

        13       Thank you, Senator Espada.

        14                  Seeing no other Senators wishing to

        15       be heard, debate is closed.  The Secretary

        16       will please ring the bells.

        17                  Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT CRAIG JOHNSON:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       Senator Schneiderman, to explain his vote.

        25                  SENATOR SCHNEIDERMAN:    Yes, thank



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         1       you, Mr. President.

         2                  I'm going to support this bill

         3       because I think it does deal with a very

         4       important issue of the unauthorized release of

         5       sealed court records.

         6                  I do think the bill in its present

         7       form probably needs some editing because it's

         8       not completely clear to me that as drafted it

         9       might not affect people who knowingly release

        10       records, but there's no clear requirement that

        11       they have to know the records are sealed.

        12                  So I'm going to support the

        13       legislation because it is a tremendously

        14       important issue that's being addressed here,

        15       to ensure that when your records are sealed

        16       you have confidence that they will remain

        17       sealed and that no one will violate the court

        18       orders that relate to the sealing.

        19                  So I'm going to vote yes, Mr.

        20       President, and look forward to working on

        21       improving this as we move forward.  Thank you.

        22                  ACTING PRESIDENT CRAIG JOHNSON:

        23       Senator Schneiderman to be recorded in the

        24       affirmative.

        25                  Announce the results.



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         1                  THE SECRETARY:    Those recorded in

         2       the negative on Calendar Number 1272 are

         3       Senators DeFrancisco, Hannon, O. Johnson,

         4       Larkin, LaValle, Libous, Marcellino, Padavan,

         5       Ranzenhofer, Skelos and Volker.

         6                  Ayes, 50.  Nays, 11.

         7                  ACTING PRESIDENT CRAIG JOHNSON:

         8       The bill is passed.

         9                  Senator Klein, that completes the

        10       reading of the controversial calendar.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President,

        13       can you recognize Senator Libous.

        14                  ACTING PRESIDENT CRAIG JOHNSON:

        15       Senator Libous.

        16                  SENATOR LIBOUS:    There will be an

        17       immediate Republican conference for no more

        18       than 10 minutes.

        19                  ACTING PRESIDENT CRAIG JOHNSON:

        20       There will be an immediate Republican

        21       conference in the Republican Conference Room

        22       for no more than 10 minutes.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President,

        25       can we please stand at ease while the



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         1       Republicans conference.  Can we please return

         2       at ten after 9:00.

         3                  ACTING PRESIDENT CRAIG JOHNSON:

         4       The Senate will stand at ease until ten after

         5       9:00 while the Republicans conference.

         6                  (Whereupon, the Senate stood at

         7       ease at 9:03 p.m.)

         8                  (Whereupon, the Senate reconvened

         9       at 9:34 p.m.)

        10                  ACTING PRESIDENT CRAIG JOHNSON:

        11       Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, if

        13       we could just briefly return to motions, I

        14       have a single motion.

        15                  ACTING PRESIDENT CRAIG JOHNSON:

        16       Returning to motions and resolutions.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    On behalf of

        19       Senator Kruger, I move to recommit Senate

        20       Print Number 6610B, Calendar Number 1291 on

        21       the order of third reading, to the Committee

        22       on Rules.

        23                  ACTING PRESIDENT CRAIG JOHNSON:

        24       So ordered, Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, is



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         1       there any further business at the desk?

         2                  ACTING PRESIDENT CRAIG JOHNSON:

         3       The desk is clear, Senator Klein.

         4                  SENATOR KLEIN:    There being no

         5       further business, Mr. President, I move that

         6       we adjourn until Tuesday, June 29th, at

         7       12:00 p.m.

         8                  ACTING PRESIDENT CRAIG JOHNSON:

         9       Senator Klein, there being no further business

        10       to come before the Senate, on motion, the

        11       Senate stands adjourned until Tuesday,

        12       June 29th, at 12:00 p.m.

        13                  (Whereupon, at 9:35 p.m., the

        14       Senate adjourned.)

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