Regular Session - February 8, 2010
571
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 8, 2010
11 3:29 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
Candyco Transcription Service, Inc.
572
1 P R O C E E D I N G S
2 ACTING PRESIDENT BRESLIN: The
3 Senate will please come to order.
4 I ask all to rise and repeat the
5 Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BRESLIN: In the
9 absence of clergy, may we bow our heads for a
10 moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT BRESLIN: The
14 reading of the Journal.
15 The Secretary will read.
16 THE SECRETARY: In Senate,
17 Sunday, February 7, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 February 6, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT BRESLIN:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
573
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Klein.
8 SENATOR KLEIN: Mr. President, I
9 believe you have a resolution at the desk. I
10 ask that the resolution be read in its
11 entirety and move for its immediate adoption.
12 ACTING PRESIDENT BRESLIN:
13 Senator Klein, has this resolution been deemed
14 privileged and submitted by the office of the
15 Temporary President?
16 SENATOR KLEIN: Yes, it has,
17 Mr. President.
18 ACTING PRESIDENT BRESLIN: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Breslin, Legislative Resolution honoring the
22 Twin Rivers Council upon the occasion of
23 celebrating the 100th Anniversary of the Boy
24 Scouts of America.
25 "WHEREAS, It is the sense of this
Candyco Transcription Service, Inc.
574
1 Legislative Body to honor the youth of today,
2 and leaders of tomorrow, whose character and
3 achievements best exemplify the ideals and
4 values cherished by this great state and
5 nation; and
6 "WHEREAS, The Boy Scouts of America
7 and its members are dedicated to the
8 development of character and leadership in the
9 youth of this nation; and
10 "WHEREAS, attendant to such
11 concern, and in full accord with its
12 long-standing traditions, this Legislative
13 Body is justly proud to honor the Twin Rivers
14 Council upon the occasion of celebrating the
15 100th Anniversary of the Boy Scouts of
16 America; and
17 "WHEREAS, to observe this
18 auspicious anniversary, the Twin Rivers
19 Council has planned numerous events, some of
20 which have already taken place and some to
21 occur. On February 8, 2010, the official
22 birthday of BSA will be celebrated with
23 Centennial Scouting Day. A scouting display
24 at the New York State Museum will showcase
25 scouting memorabilia and historic scouting
Candyco Transcription Service, Inc.
575
1 artifacts. In March of 2010, the Scout Mall
2 Show will exhibit the great things benefitted
3 through scouting to all shoppers at numerous
4 venues. In June of 2010, the Centennial Eagle
5 Recognition Dinner will be held to both
6 recognize current Eagle Scouts and identify
7 and energize Eagle alumni of all ages. In
8 September of 2010, the pilgrimage to Silver
9 Bay on Lake George, the site of scouting's
10 first camp and training site, will include a
11 dinner, historical reenactment, silent
12 auction, and limited-issue memorabilia. And
13 the year-long celebration will culminate with
14 the 100th Anniversary Camporee, to be held
15 October 1-3, 2010, at Saratoga State Park; and
16 "WHEREAS, The purpose of the Boy
17 Scouts of America, incorporated on February 8,
18 1910, and chartered by Congress in 1916, is to
19 provide an educational program for boys and
20 young adults to build character, to train in
21 the responsibilities of participating
22 citizenship, and to develop personal fitness;
23 and
24 "WHEREAS, The Twin Rivers Council
25 provides scouting within the following 13
Candyco Transcription Service, Inc.
576
1 counties: Albany, Clinton, Columbia, Essex,
2 Franklin, Fulton, Hamilton, Montgomery,
3 Rensselaer, Saratoga, Schenectady, Warren, and
4 Washington; and
5 "WHEREAS, Community-based
6 organizations receive national charters to use
7 the scouting program as a part of their own
8 youth work. These groups, which have goals
9 compatible with those of the Boy Scouts of
10 America, include religious, educational,
11 civic, fraternal, business, labor
12 organizations, governmental bodies,
13 corporations, professional associations, and
14 citizens' groups; and
15 "WHEREAS, In 2009, over 500,000
16 hours of community service were completed by
17 Scouts and volunteers throughout the State of
18 New York; and
19 "WHEREAS, Furthermore, over 350,000
20 youth were served by more than 60,000 adult
21 volunteers who coached, guided and led them
22 through scouting programs; and
23 "WHEREAS, There are more than 6,000
24 Boy Scouts of America units -- packs, troops,
25 crews, posts, and groups -- which are
Candyco Transcription Service, Inc.
577
1 chartered by schools, churches, service clubs,
2 fraternal orders, and other community groups
3 across the State of New York; and
4 "WHEREAS, This year, over 60,000
5 Cub Scouts, Boy Scouts, and leaders
6 participated in approved camping programs in
7 New York State, and over 700 Scouts earned the
8 prestigious rank of Eagle Scout; and
9 "WHEREAS, The Boy Scouts of America
10 have so manifestly contributed to the
11 preservation of those treasured ideals of
12 compassion, honor, preparedness and concern
13 for others which are so paradigmatic of our
14 American heritage; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to honor the
17 Twin Rivers Council upon the occasion of
18 celebrating the 100th Anniversary of the
19 Boy Scouts of America; and be it further
20 "RESOLVED, That copies of this
21 resolution, suitably engrossed, be transmitted
22 to the Twin Rivers Council, Boy Scouts of
23 America."
24 ACTING PRESIDENT BRESLIN: I'll
25 take liberties of the chair for a moment and
Candyco Transcription Service, Inc.
578
1 welcome Steve Silverman, the director of the
2 Twin Rivers Council, Bob Bullock, the chair of
3 the 100th Anniversary events, and an old and
4 dear friend of not only myself but the entire
5 Legislature, former Assemblyman Fred Field.
6 In addition, New York State is the
7 home and the Boy Scouts of America were
8 founded here. There are over 350,000
9 Boy Scouts and alumni, either existing Boy
10 Scouts or alumni. The first headquarters was
11 in New York City, at the YMCA. And their
12 first summer camp in the United States was at
13 Silver Bay on Lake George, in the district of
14 Senator Betty Little.
15 So let's all welcome the Scouts for
16 being here, and in recognition of the 100th
17 Anniversary of the Boy Scouts of America.
18 (Applause.)
19 ACTING PRESIDENT BRESLIN:
20 Senator Smith.
21 SENATOR SMITH: Thank you very
22 much, Senator Breslin.
23 I do want to make a comment about
24 the Boy Scouts. Prior to, I do just want to
25 acknowledge the fact that I have a University
Candyco Transcription Service, Inc.
579
1 of Albany ambassador that is shadowing me
2 today by the name of Debby Brown. And Debby
3 just wanted to say hello to everybody. She is
4 learning the ways of the Senate. I told her
5 this is a very quiet time for us as a body.
6 (Laughter.)
7 SENATOR SMITH: There are the
8 moments.
9 But with regard to the resolution,
10 I do want to congratulate Senator Breslin for
11 this resolution honoring the Boy Scouts on
12 their hundredth year. I myself was a Boy
13 Scouts, spent some time at Ten Mile River, got
14 thrown in the lake, and that's where I learned
15 how to swim.
16 But I do want you to understand
17 that being a Boy Scout is a very honorable
18 thing. It's something that you should enjoy.
19 It teaches you a lot to deal with discipline
20 and respect. And especially during these
21 times when peer pressure is very high from
22 your friends who might want you to think that
23 being a Boy Scout isn't cool -- well, being a
24 Boy Scout is being cool. It's being cool
25 because you know what you stand for, you have
Candyco Transcription Service, Inc.
580
1 the strength within yourself to stand up to
2 anyone who wants to say something that is not
3 positive about you, and you know how to handle
4 that.
5 I myself have indicated to many
6 people that if it wasn't for the Boy Scouts, I
7 probably wouldn't be standing on this floor
8 today, notwithstanding other influences in my
9 life.
10 So, Senator Breslin, I want to
11 thank you for honoring them. In a way, I feel
12 like I'm being honored myself, because I am a
13 true Boy Scout myself. And it is so good to
14 see so many of you here.
15 Thank you, and God bless.
16 ACTING PRESIDENT BRESLIN: Thank
17 you, Senator Smith.
18 Senator Larkin.
19 SENATOR LARKIN: Thank you,
20 Mr. President. Thank you so much for taking
21 the time to ensure that we haven't forgotten a
22 quarter of Americans, the Boy Scouts.
23 Now, 2 percent of the Scouts, as
24 you all know, become Eagle Scouts. I'm a
25 veteran of 23 years of active duty, with my
Candyco Transcription Service, Inc.
581
1 good friend on the end, Roy McDonald, active.
2 A lot of others here served associated with
3 Scouts.
4 I guess the first time I got
5 involved with Scouts was in Germany when a
6 two-star general said, "We're going to build a
7 camp for Scouts." And I said, "That's a good
8 recon unit." He said, "No, idiot, that's the
9 Boy Scouts of America."
10 So after that I learned a lot. I
11 participated and was a director of Boy Scouts
12 of America's National Jamboree in 1960 in
13 Denver, Colorado.
14 You know, the military been a great
15 fostering place. I know a Congressional Medal
16 of Honor in Vince Leibell's district, Paul
17 Bucha. When you talk to Paul, he'll say "I
18 was appointed because they read the bottom of
19 my resume asking to go to West Point because
20 it said, very clearly, I am an Eagle Scout."
21 And his Congressman said, "The only reason I
22 appointed you was you were an Eagle Scout."
23 He is a Congressional Medal of Honor winner
24 and still alive today.
25 Scouting is very important to us.
Candyco Transcription Service, Inc.
582
1 Too often people don't think of it. I tell
2 Scouts when I meet them, "Don't sit down in
3 the back of the car so somebody won't see you,
4 sit up tight and straight. Let your mothers
5 and fathers and grandparents and aunts and
6 uncles see you and know that you're doing
7 something that is right for you, for your
8 family and America."
9 One hundred years. We want to make
10 sure that that generation starting today will
11 stand tall, because numbers and numbers and
12 numbers of our armed forces -- for our men
13 it's the Eagle, and for our females it's the
14 Gold Award. So don't forget your sisters in
15 service for scouting.
16 ACTING PRESIDENT BRESLIN: Thank
17 you, Senator Larkin.
18 Senator Little.
19 SENATOR LITTLE: Thank you,
20 Mr. President.
21 I would like to join my colleagues
22 in recognizing the Twin Rivers Scout Council,
23 in that they represent -- all six of my
24 counties are members of Twin Rivers. And
25 Silver Bay, yes, is on beautiful Lake George
Candyco Transcription Service, Inc.
583
1 within my district.
2 But in doing so, I'd also like to
3 thank all of the people, the leaders who have
4 volunteered so many hours in the past
5 100 years and who are currently doing so.
6 And I'd also like to thank all the
7 parents who take the time to see that their
8 youngsters become members of scouting. And
9 whether it's from Cub Scouts or to Eagle
10 Scout, every young man learns something and
11 benefits by being a member of scouting.
12 So congratulations upon 100 years
13 of Boy Scouts in our country, and thank you
14 for coming down. Thank you.
15 ACTING PRESIDENT BRESLIN: Thank
16 you, Senator Little.
17 Senator Farley.
18 SENATOR FARLEY: Thank you,
19 Senator Breslin.
20 I rise also in support of your
21 resolution. And I thank you for bringing this
22 forward on the hundredth anniversary of the
23 Boy Scouts.
24 Now, the Twin Rivers Council, which
25 your resolution speaks to, represents
Candyco Transcription Service, Inc.
584
1 13 counties, four of which are in my district.
2 And I'm sure that there's some constituents in
3 the gallery of mine and of yours and so many.
4 But scouting is one of the most
5 valuable things in our society. These Eagle
6 Scouts go on to become the cream of our
7 society and rise to the highest levels in our
8 society because of what they learned in
9 scouting. The Twin Rivers has been one of the
10 most successful Boy Scout councils in the
11 United States. It also has one of the most
12 beautiful facilities, Lake George.
13 And not only do we welcome them
14 here, I wish them well. And I know that
15 they're a very, very large part of our state
16 and of our nation, and we're very, very
17 pleased to rise in support of this resolution.
18 ACTING PRESIDENT BRESLIN: Thank
19 you, Senator Farley.
20 Senator Golden.
21 SENATOR GOLDEN: Thank you,
22 Mr. President.
23 I too rise in support of the
24 resolution. Scouting has been a great
25 tradition for over a hundred years. And the
Candyco Transcription Service, Inc.
585
1 unfortunate reality is they keep diminishing.
2 Their numbers are coming down because they've
3 been forced out of some of our public schools
4 and public sectors because of their Scout oath
5 and for other reasons.
6 They no longer have the meeting
7 halls they used to be able to have, and being
8 able to congregate. Which is unfortunate,
9 because they are really a great organization.
10 I have a Scout Troop 20 that's
11 meeting in the same hall for 100 years, the
12 New Utrecht Reformed Church, when they started
13 back a hundred years ago. Troop 20 is still
14 meeting at that location. That is something
15 that we are all very, very proud of.
16 And you know what, you may not grow
17 up to be an Eagle Scout, but there is scouting
18 in many of our corporate leaders, and many of
19 our battlefield generals and battlefield
20 commanders today have scouting tradition
21 within them.
22 Even Senator Schneiderman, I
23 understand, has some scouting in him -- I
24 don't know how, but he does. And I don't know
25 if he went to Eagle Scout -- did he? No, he's
Candyco Transcription Service, Inc.
586
1 a good man. He's a good man. I congratulate
2 him for being in scouting.
3 But I will tell you that in our
4 area down in Brooklyn, New York, and Staten
5 Island, the kids from around the City of
6 New York, they get an opportunity to go to a
7 place called Camp Pouch. Now, this is in the
8 middle of Staten Island. It's beautiful. And
9 the scouting world and the scouting, I guess,
10 corporate is getting ready or contemplating
11 closing that location.
12 And I need the support, and I know
13 we have the support of Senator Savino and
14 Senator Lanza here in this body to make sure
15 that that doesn't happen, that this tradition
16 of Pouch remains in our community in Staten
17 Island and that the kids from the inner city
18 get an opportunity to see what scouting is all
19 about. It's like Ten Mile River, it's really
20 gorgeous. I mean, when you see this, it's
21 really something to be proud of.
22 And I appreciate this resolution
23 today, because it sends a signal to all of
24 these young men and women that we support
25 their efforts and that there should be more
Candyco Transcription Service, Inc.
587
1 scouting going on here in this great state and
2 across this nation.
3 I commend their efforts, and I
4 commend the efforts of all of the volunteers
5 that go out there each and every week and each
6 and every month to make a difference.
7 So we need your support to make
8 sure that Camp Pouch stays as part of scouting
9 tradition in the future and that they do not
10 get a chance to take that away from our kids
11 across the tristate area and across the City
12 of New York.
13 Thank you.
14 ACTING PRESIDENT BRESLIN: Thank
15 you, Senator Golden.
16 Senator Foley.
17 SENATOR FOLEY: Thank you,
18 Mr. President.
19 I stand also in strong support of
20 this resolution and wish to commend the
21 Boy Scouts of America for a hundred
22 outstanding years. It's one of the greatest
23 movements here in our country and in fact
24 across the world.
25 Having been the former chair of the
Candyco Transcription Service, Inc.
588
1 Sunrise District on Long Island, which at one
2 time was one of the largest districts anywhere
3 in our country, I can tell you that the
4 families that have been involved in
5 scouting -- in some cases for over four
6 generations -- have made a huge difference in
7 the communities that we find scouting.
8 Attending, as we all do, a number
9 of Eagle Courts of Honor, I think it's one of
10 the joyful procedures that we have as elected
11 officials to take part in those particular
12 undertakings. And I can tell you I was at one
13 two weekends ago, well over 200 community
14 members were at that particular event.
15 And it is one of the organizations,
16 one of the wholesome organizations that
17 communities, families, a whole host of groups
18 can rally around, because we know that
19 scouting so well prepares our young people for
20 adult lives and whatever they may do
21 accordingly. So as one State Senator, I wish
22 to say congratulations to this particular
23 council.
24 We have out in Suffolk County Camp
25 Baiting Hollow, which similar to what Senator
Candyco Transcription Service, Inc.
589
1 Golden mentioned earlier, at times the scouts
2 thought of selling the property, but
3 thankfully they haven't. We have undertaken a
4 number of capital campaigns in order to
5 improve those particular facilities at that
6 camp. And luckily they've saved the camp and
7 it's made all the difference in the world in
8 how they've been able to use the camp for the
9 Scouts in Suffolk County.
10 So again, I want to say
11 congratulations. And to you, Mr. President,
12 this certainly is a very worthwhile
13 resolution; I stand foursquare behind it.
14 Thank you.
15 ACTING PRESIDENT BRESLIN: Thank
16 you, Senator Foley.
17 Are there any other Senators
18 wishing to be heard on the resolution?
19 The question is then on the
20 resolution. Will all those in favor please
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT BRESLIN:
24 Opposed, nay.
25 (No response.)
Candyco Transcription Service, Inc.
590
1 ACTING PRESIDENT BRESLIN: The
2 resolution is adopted.
3 The resolution is open to all
4 members of the body. Anyone not wishing to be
5 on the resolution please indicate by coming to
6 the desk.
7 And we applaud all Scouts, their
8 fathers, mothers, leaders, and all in the
9 gallery who support Boy Scouts.
10 (Applause.)
11 ACTING PRESIDENT BRESLIN:
12 Senator Klein.
13 SENATOR KLEIN: Mr. President, I
14 believe Senator Montgomery has a resolution at
15 the desk. I ask that the title of the
16 resolution be read and move for its immediate
17 adoption.
18 ACTING PRESIDENT BRESLIN:
19 Senator Klein, has this resolution been deemed
20 privileged and submitted by the office of the
21 Temporary President?
22 SENATOR KLEIN: Yes,
23 Mr. President.
24 ACTING PRESIDENT BRESLIN: The
25 Secretary will read.
Candyco Transcription Service, Inc.
591
1 THE SECRETARY: By Senator
2 Montgomery, legislative resolution honoring
3 Amy Sumner for her community service and
4 advocacy on behalf of school-based health
5 Centers in Brooklyn, New York.
6 ACTING PRESIDENT BRESLIN: The
7 question is on the resolution. All those in
8 favor 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 resolution is adopted.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President, at
17 this time can we please move to a reading of
18 the calendar.
19 ACTING PRESIDENT BRESLIN: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 38, by Senator Aubertine, Senate Print 1677A,
23 an act to amend the Agriculture and Markets
24 Law, in relation to notification.
25 ACTING PRESIDENT BRESLIN: Read
Candyco Transcription Service, Inc.
592
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 30th day.
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.
10 ACTING PRESIDENT BRESLIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 41, by Senator Serrano, Senate Print 3351A, an
14 act to amend the Parks, Recreation and
15 Historic Preservation Law, in relation to
16 membership.
17 ACTING PRESIDENT BRESLIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT BRESLIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BRESLIN:
25 Announce the results.
Candyco Transcription Service, Inc.
593
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT BRESLIN: The
3 bill is passed.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 45, by Senator Dilan, Senate Print 3514, an
7 act to amend the General Municipal Law, in
8 relation to authorizing.
9 ACTING PRESIDENT BRESLIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 30th day.
13 ACTING PRESIDENT BRESLIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BRESLIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 57. Nays,
19 2. Senators Ranzenhofer and Marcellino
20 recorded in the negative.
21 ACTING PRESIDENT BRESLIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 46, by Senator Breslin, Senate Print 5111, an
25 act to amend the General Municipal Law and the
Candyco Transcription Service, Inc.
594
1 Civil Service Law, in relation to providing
2 health services.
3 ACTING PRESIDENT BRESLIN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
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, 59.
13 ACTING PRESIDENT BRESLIN: The
14 bill is passed.
15 The Secretary will continue to
16 read.
17 THE SECRETARY: Calendar Number
18 47, by Senator Stewart-Cousins, Senate Print
19 5601, an act to amend the General Municipal
20 Law, in relation to allowing not-for-profits.
21 ACTING PRESIDENT BRESLIN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BRESLIN: Call
Candyco Transcription Service, Inc.
595
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BRESLIN:
4 Senator DeFrancisco, to explain his vote.
5 SENATOR DeFRANCISCO: I'm going
6 to vote no.
7 I think the problem with this bill
8 is that it authorizes counties to allow
9 non-for-profits to take advantage of their
10 purchasing in bulk, apparently. And it says
11 any non-for-profit corporations that provide a
12 service to a county. That's pretty darn broad
13 and it's got to be an absolute administrative
14 nightmare for any county.
15 Granted, they say the county can
16 impose whatever restrictions they want. But
17 if they can impose whatever restrictions they
18 want, can they say no, we just don't want to
19 do this? So I just think it's too loosely
20 worded, and I'm going to vote no for that
21 reason.
22 ACTING PRESIDENT BRESLIN:
23 Senator DeFrancisco will be recorded in the
24 negative.
25 Senator Bonacic, to explain his
Candyco Transcription Service, Inc.
596
1 vote.
2 SENATOR BONACIC: Thank you,
3 Mr. President.
4 I look at this a little
5 differently. A lot of small businesses
6 actually sell products to the not-for-profits.
7 And what you're going to do is you're going to
8 allow the not-for-profits to go to a county
9 arrangement that might be cheaper and not do
10 business with the small businesses who are out
11 there paying taxes and creating jobs.
12 For that reason, I'm going to vote
13 no. Thank you, Mr. Chairman.
14 ACTING PRESIDENT BRESLIN:
15 Senator Bonacic will be recorded in the
16 negative.
17 Are there any other Senators
18 wishing to be heard?
19 Senator LaValle, to explain his
20 vote.
21 SENATOR LaVALLE: Thank you,
22 Mr. President. Just very briefly.
23 I think this bill comes up at the
24 wrong time with small businesses being so
25 fragile. And I think Senator Bonacic made a
Candyco Transcription Service, Inc.
597
1 good point, and I'm going to vote at this time
2 in the negative.
3 ACTING PRESIDENT BRESLIN:
4 Senator LaValle to be recorded in the
5 negative.
6 Senator Little, to explain her
7 vote.
8 SENATOR LITTLE: Thank you,
9 Mr. President.
10 I'm also going to vote in the
11 negative on this bill, because I believe that
12 it expands -- it certainly creates more work
13 for the county for not-for-profits to be able
14 to purchase through the county offices. But
15 there are many, many not-for-profits.
16 And I imagine the next step would
17 be for any not-for-profit to be able to
18 purchase through and on the county contracts.
19 And I think that small business in every area
20 where these not-for-profits were operating
21 would be affected by that. So I am a negative
22 vote.
23 Thank you.
24 ACTING PRESIDENT BRESLIN:
25 Senator Little will be recorded in the
Candyco Transcription Service, Inc.
598
1 negative.
2 Announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 47 are
5 Senators Bonacic, DeFrancisco, Flanagan,
6 Golden, Griffo, O. Johnson, LaValle, Little,
7 Marcellino, Skelos. Also Senators Ranzenhofer
8 and Larkin. Also Senator Saland. Also
9 Senator Winner.
10 Ayes 45. Nays, 14.
11 ACTING PRESIDENT BRESLIN: The
12 bill is passed.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 49, by Senator Sampson, Senate Print 2852, an
16 act to amend the Public Officers Law, in
17 relation to expanding the definition.
18 ACTING PRESIDENT BRESLIN: Read
19 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:
Candyco Transcription Service, Inc.
599
1 Announce the results.
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT BRESLIN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 54, by Senator Sampson, Senate Print 2971, an
7 act to amend the Estates, Powers and Trusts
8 Law, in relation to waiver.
9 ACTING PRESIDENT BRESLIN: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first of
13 September.
14 ACTING PRESIDENT BRESLIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BRESLIN:
18 Announce the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BRESLIN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 55, by Senator Sampson, Senate Print 5588A, an
24 act to amend the Domestic Relations Law, in
25 relation to the use of proceeds.
Candyco Transcription Service, Inc.
600
1 ACTING PRESIDENT BRESLIN: Read
2 the last section.
3 THE SECRETARY: Section 2. 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, 59.
11 ACTING PRESIDENT BRESLIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 60, by Senator Oppenheimer, Senate Print
15 6154B, an act to amend the Education Law, in
16 relation to teachers' rights.
17 ACTING PRESIDENT BRESLIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect September 1.
21 ACTING PRESIDENT BRESLIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BRESLIN:
25 Announce the results.
Candyco Transcription Service, Inc.
601
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT BRESLIN: the
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 62, by Senator Adams, Senate Print 3284, an
6 act to amend the Civil Service Law, in
7 relation to providing.
8 ACTING PRESIDENT BRESLIN: Read
9 the last section.
10 THE SECRETARY: Section 4. 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, 59.
18 ACTING PRESIDENT BRESLIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 64, by Senator C. Johnson --
22 SENATOR KLEIN: Lay the bill
23 aside for the day.
24 ACTING PRESIDENT BRESLIN: The
25 bill is laid aside for the day.
Candyco Transcription Service, Inc.
602
1 Senator Klein, that concludes the
2 reading of the noncontroversial calendar.
3 SENATOR KLEIN: Mr. President,
4 can we please stand at ease while we await a
5 message from the Assembly.
6 ACTING PRESIDENT BRESLIN: The
7 Senate will stand at ease pending a message
8 from the Assembly.
9 (Whereupon, the Senate stood at
10 ease at 3:56 p.m.)
11 ACTING PRESIDENT BRESLIN:
12 Senator Klein.
13 SENATOR KLEIN: Mr. President, I
14 believe Senator Skelos has an announcement
15 about the conference.
16 ACTING PRESIDENT BRESLIN: That
17 would be Senator Libous.
18 Senator Libous.
19 SENATOR LIBOUS: Mr. President,
20 there will be an immediate Republican
21 conference now.
22 ACTING PRESIDENT BRESLIN: There
23 will be an immediate Republican conference
24 now.
25 (Whereupon, the Senate reconvened
Candyco Transcription Service, Inc.
603
1 at 5:12 p.m.)
2 ACTING PRESIDENT BRESLIN:
3 Senator Klein.
4 SENATOR KLEIN: Mr. President,
5 can we return to the order of messages from
6 the Assembly.
7 ACTING PRESIDENT BRESLIN:
8 Returning to the order of messages from the
9 Assembly.
10 Senator Klein.
11 SENATOR KLEIN: Mr. President, is
12 there a message regarding Assembly Bill Number
13 9544, which was previously passed by both
14 houses, vetoed by the Governor, and overridden
15 by the Assembly?
16 ACTING PRESIDENT BRESLIN:
17 Senator Klein, the chair hands down a message
18 from the Assembly.
19 The Secretary will read.
20 THE SECRETARY: Assembly Print
21 9544, by Member of the Assembly Silver, an act
22 to amend the Executive Law.
23 ACTING PRESIDENT BRESLIN:
24 Senator Klein.
25 SENATOR KLEIN: Mr. President, I
Candyco Transcription Service, Inc.
604
1 now move to override the Governor's veto of
2 Assembly Bill Number 9544.
3 ACTING PRESIDENT BRESLIN: The
4 Secretary will read the title of the bill.
5 THE SECRETARY: Calendar Number
6 18, by Member of the Assembly Silver, Assembly
7 Print Number 9544, Veto Number 1, an act to
8 amend the Executive Law.
9 ACTING PRESIDENT BRESLIN: The
10 bill is before the house.
11 Senators, I put the question before
12 you: Ought the same become a law
13 notwithstanding the veto of the Governor?
14 The Secretary will read the last
15 section.
16 SENATOR LIBOUS: Excuse me,
17 Mr. President, point of order.
18 ACTING PRESIDENT BRESLIN:
19 Senator Libous.
20 SENATOR LIBOUS: Could you
21 clarify the way the resolution is written? A
22 no vote means what, and a yes vote means what?
23 ACTING PRESIDENT BRESLIN: A yes
24 vote will override the Governor's vote, if
25 successful, thus making the bill a law.
Candyco Transcription Service, Inc.
605
1 If you vote nay, you uphold the
2 Governor's veto.
3 SENATOR LIBOUS: Thank you,
4 Mr. President.
5 ACTING PRESIDENT BRESLIN: The
6 Secretary will read the last section.
7 Would you like that repeated?
8 SENATOR FUSCHILLO: Yes.
9 ACTING PRESIDENT BRESLIN: To
10 repeat, a vote to override the Governor's
11 veto, an aye vote, if it is successful, it
12 will become law.
13 If you vote no or nay, you uphold
14 the Governor's veto, if successful.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Point of
17 order.
18 Can you read the actual resolution?
19 Because I heard it differently.
20 ACTING PRESIDENT BRESLIN: I put
21 the question before you: Ought the same
22 become a law notwithstanding the veto of the
23 Governor?
24 SENATOR DeFRANCISCO: Thank you,
25 Mr. President.
Candyco Transcription Service, Inc.
606
1 ACTING PRESIDENT BRESLIN: Read
2 the last section.
3 THE SECRETARY: Section 37. This
4 act shall take effect July 31 --
5 SENATOR LIBOUS: Excuse me.
6 ACTING PRESIDENT BRESLIN:
7 Senator Libous.
8 SENATOR LIBOUS: Is it not
9 customary to ring the bell?
10 ACTING PRESIDENT BRESLIN: We
11 will be more than happy to ring the bell.
12 SENATOR LIBOUS: Thank you,
13 Mr. President.
14 ACTING PRESIDENT BRESLIN: The
15 Secretary will ring the bell.
16 Call the roll.
17 Senator Johnson, why do you rise?
18 SENATOR CRAIG JOHNSON: I request
19 a slow roll call for this vote, Mr. President.
20 (A majority of Senators rise.)
21 (Laughter.)
22 ACTING PRESIDENT BRESLIN: The
23 chair recognizes that more than five members
24 have risen, and a slow roll call will now take
25 place.
Candyco Transcription Service, Inc.
607
1 THE SECRETARY: Senator Adams.
2 SENATOR ADAMS: I'm going to be
3 open about it. Aye.
4 THE SECRETARY: Senator Addabbo.
5 SENATOR ADDABBO: Yes.
6 THE SECRETARY: Senator Alesi.
7 SENATOR ALESI: No.
8 THE SECRETARY: Senator
9 Aubertine.
10 SENATOR AUBERTINE: Aye.
11 THE SECRETARY: Senator Bonacic.
12 SENATOR BONACIC: No.
13 THE SECRETARY: Senator Breslin.
14 ACTING PRESIDENT BRESLIN: Aye.
15 THE SECRETARY: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: No. But
18 can I explain my vote?
19 ACTING PRESIDENT BRESLIN:
20 Senator DeFrancisco, to explain his vote.
21 SENATOR DeFRANCISCO: We had made
22 several attempts to amend the prior
23 legislation that were not accepted. I think
24 for that reason alone, the bill should not
25 become law.
Candyco Transcription Service, Inc.
608
1 For that reason, I vote no.
2 ACTING PRESIDENT BRESLIN:
3 Senator DeFrancisco will be recorded in the
4 negative.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Senator Diaz.
8 ACTING PRESIDENT BRESLIN:
9 Senator Diaz, to explain his vote.
10 SENATOR DIAZ: Thank you.
11 I believe that not until we get a
12 bill that forces lawyers and everyone to
13 declare everything, we will not have ethics.
14 So the Governor is right in vetoing this bill,
15 forcing to us come up with a bill where
16 everybody, everyone -- to exclude lawyers
17 ministers, and doctors from declaring all
18 their clients is wrong. So I'm voting no.
19 ACTING PRESIDENT BRESLIN:
20 Senator Diaz will be recorded in the negative.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: Senator Dilan.
24 SENATOR DILAN: Yes.
25 THE SECRETARY: Senator Duane.
Candyco Transcription Service, Inc.
609
1 SENATOR DUANE: Yes.
2 THE SECRETARY: Senator Espada.
3 SENATOR ESPADA: Yes.
4 THE SECRETARY: Senator Farley.
5 SENATOR FARLEY: Yes.
6 THE SECRETARY: Senator Flanagan.
7 SENATOR FLANAGAN: No.
8 THE SECRETARY: Senator Foley.
9 SENATOR FOLEY: Aye.
10 THE SECRETARY: Senator
11 Fuschillo.
12 SENATOR FUSCHILLO: No.
13 THE SECRETARY: Senator Golden.
14 SENATOR GOLDEN: No.
15 THE SECRETARY: Senator Griffo.
16 SENATOR GRIFFO: No.
17 THE SECRETARY: Senator Hannon.
18 SENATOR HANNON: No.
19 THE SECRETARY: Senator
20 Hassell-Thompson.
21 SENATOR HASSELL-THOMPSON: Yes.
22 THE SECRETARY: Senator Huntley.
23 SENATOR HUNTLEY: Yes.
24 THE SECRETARY: Senator C.
25 Johnson.
Candyco Transcription Service, Inc.
610
1 SENATOR CRAIG JOHNSON: Yes.
2 THE SECRETARY: Senator O.
3 Johnson.
4 SENATOR OWEN JOHNSON: No.
5 THE SECRETARY: Senator Klein.
6 SENATOR KLEIN: Yes.
7 THE SECRETARY: Senator
8 L. Krueger.
9 ACTING PRESIDENT BRESLIN:
10 Senator Krueger, to explain her vote.
11 SENATOR LIZ KRUEGER: Thank you.
12 I agree with Senator Diaz; I want
13 us to go further. I think we will go further.
14 And I know that passing this bill by
15 overriding the Governor's veto is the right
16 step to get us there.
17 I vote aye.
18 ACTING PRESIDENT BRESLIN:
19 Senator Krueger will be recorded in the
20 affirmative.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: Senator C.
24 Kruger.
25 SENATOR CARL KRUGER: Yes.
Candyco Transcription Service, Inc.
611
1 THE SECRETARY: Senator Lanza.
2 SENATOR LANZA: No.
3 THE SECRETARY: Senator Larkin.
4 SENATOR LARKIN: No.
5 THE SECRETARY: Senator LaValle.
6 SENATOR LaVALLE: No.
7 THE SECRETARY: Senator Leibell.
8 SENATOR LEIBELL: No.
9 THE SECRETARY: Senator Libous.
10 SENATOR LIBOUS: To explain my
11 vote, Mr. President.
12 ACTING PRESIDENT BRESLIN:
13 Senator Libous, to explain his vote.
14 SENATOR LIBOUS: Thank you,
15 Mr. President.
16 I'm very disturbed today because
17 the Governor vetoed this last week. He
18 offered to set up five-way discussions with
19 all the parties involved to make an ethics
20 bill that was voted on by this house -- I
21 believe unanimously -- an even better and
22 tougher bill, one that goes further when it
23 comes to financial disclosure, something that
24 has been in the press every day, an issue that
25 has riddled the Capitol and has many, many
Candyco Transcription Service, Inc.
612
1 people concerned.
2 I know my constituents, where they
3 want a tougher ethics bill, they want a
4 tougher one than this. They want income
5 disclosed. They want to know who we're doing
6 business with. They want to know who's coming
7 into the offices to meet.
8 I think this is very disrespectful
9 to the Governor, who has given us a week. And
10 immediately the Assembly, to show their
11 political muscle, they put it on the floor
12 with no discussion. And yes, they passed an
13 amendment. Well, that amendment doesn't go
14 far enough either, because there's no
15 financial disclosure in that amendment.
16 Mr. President, I'm very upset with
17 the way this procedure is taking place. This
18 is something that should be discussed more
19 openly and more publicly, and it must go much,
20 much further before the public ever accepts
21 the accountability that's not in this bill.
22 I vote no.
23 ACTING PRESIDENT BRESLIN:
24 Senator Libous will be recorded in the
25 negative.
Candyco Transcription Service, Inc.
613
1 The Secretary will continue to
2 read.
3 THE SECRETARY: Senator Little.
4 SENATOR LITTLE: No.
5 THE SECRETARY: Senator
6 Marcellino.
7 SENATOR MARCELLINO: No.
8 THE SECRETARY: Senator Maziarz.
9 SENATOR MAZIARZ: No.
10 THE SECRETARY: Senator McDonald.
11 SENATOR McDONALD: Yes.
12 THE SECRETARY: Senator
13 Monserrate.
14 SENATOR MONSERRATE: Yes.
15 THE SECRETARY: Senator
16 Montgomery.
17 SENATOR MONTGOMERY: To explain
18 my vote, Mr. President.
19 ACTING PRESIDENT BRESLIN:
20 Senator Montgomery, to explain her vote.
21 SENATOR MONTGOMERY: Yes,
22 Mr. President, we all did vote last week for
23 the bill that is before us. The Governor
24 vetoed it. But we all came together, for
25 once, I thought, which was very good, to come
Candyco Transcription Service, Inc.
614
1 to an agreement on the beginning of the
2 process of improving ethics in our State
3 Legislature.
4 And I'm very happy that Senator
5 Libous is now so adamantly in support of the
6 Governor's proposal. And certainly we all
7 wool like to see some of the Governor's
8 proposal come to fruition, but that's not what
9 we're voting for now.
10 And notwithstanding Senator
11 Libous's outstanding support of Governor David
12 Paterson, I vote to override this veto.
13 ACTING PRESIDENT BRESLIN:
14 Senator Montgomery will be recorded in the
15 affirmative.
16 The Secretary will continue to
17 read.
18 THE SECRETARY: Senator Morahan,
19 excused.
20 Senator Nozzolio.
21 SENATOR NOZZOLIO: No.
22 THE SECRETARY: Senator Onorato.
23 SENATOR ONORATO: Aye.
24 THE SECRETARY: Senator
25 Oppenheimer.
Candyco Transcription Service, Inc.
615
1 SENATOR OPPENHEIMER: To explain
2 my vote, please.
3 ACTING PRESIDENT BRESLIN:
4 Senator Oppenheimer, to explain her vote.
5 SENATOR OPPENHEIMER: I'm voting
6 to override the veto, because I don't think
7 anybody in this chamber believes that this is
8 the best piece of legislation we've ever
9 written. We all see that it is a limited
10 piece of legislation. It is a beginning. It
11 does not touch on things that are of great
12 importance to me, and I know to many others,
13 concerning campaign finance reform, concerning
14 redistricting reform.
15 But this is the best question we
16 could do right now. And it's a first step.
17 And I applaud those of you who are going to
18 support this first step.
19 Thanks.
20 ACTING PRESIDENT BRESLIN:
21 Senator Oppenheimer will be recorded in the
22 affirmative.
23 The Secretary will continue to
24 read.
25 THE SECRETARY: Senator Padavan.
Candyco Transcription Service, Inc.
616
1 SENATOR PADAVAN: Yes.
2 THE SECRETARY: Senator Parker.
3 SENATOR PARKER: Aye.
4 THE SECRETARY: Senator Perkins.
5 ACTING PRESIDENT BRESLIN:
6 Senator Perkins, to explain his vote.
7 SENATOR PERKINS:
8 Yeah, I'm going to once again vote
9 yes. However, I just want to make sure that,
10 you know, that doesn't mean that I'm fully
11 happy with what we have before us. You know,
12 the concerns about lawyer disclosure are
13 significant to me because I think we need to
14 move forward to make sure that everybody is
15 treated equally in order to convince the
16 public that we're really trying to do the
17 right thing.
18 So I'm going to support the
19 override, but with an emphasis on the need for
20 us to make sure that there's one standard for
21 all. And lawyer disclosure is a very, very
22 significant concern of mine.
23 ACTING PRESIDENT BRESLIN:
24 Senator Perkins will be recorded in the
25 affirmative.
Candyco Transcription Service, Inc.
617
1 The Secretary will continue to
2 read.
3 THE SECRETARY: Senator
4 Ranzenhofer.
5 SENATOR RANZENHOFER: No.
6 THE SECRETARY: Senator Robach.
7 SENATOR ROBACH: Yes.
8 THE SECRETARY: Senator Saland.
9 SENATOR SALAND: To explain my
10 vote.
11 ACTING PRESIDENT BRESLIN:
12 Senator Saland, to explain his vote.
13 SENATOR SALAND: Mr. President,
14 during the course of the debate on this bill
15 when the bill itself was before us, there were
16 any number of comments to the effect that this
17 bill was at best baby steps, that there were a
18 host of shortcomings. There were amendments
19 that were offered by this side of the aisle,
20 amendments that were offered by way of equity.
21 We all acknowledged that we could do better.
22 And in fact the Governor's veto has
23 afforded us the opportunity to do that, to do
24 it in a fashion that's bipartisan, do it in a
25 fashion includes people from both sides of the
Candyco Transcription Service, Inc.
618
1 aisle, both houses, as well as the executive,
2 and to come up with a product that vastly
3 exceeds the product that we are now in the
4 process of sustaining a gubernatorial override
5 on.
6 And I would certainly hope that
7 when the dust settles, the same zeal that
8 presented itself when we dealt with the
9 original bill -- notwithstanding the
10 reluctance based on some of its
11 shortcomings -- will address itself to dealing
12 with the issue in the form of a five-way --
13 both sides of the aisle, both houses, and the
14 Governor -- coming up with something that the
15 people of the State of New York can be proud
16 of.
17 We shouldn't accept the minimalist
18 position that was the only game in town when
19 we were asked to vote on it. We can do
20 better, we will do better, and we can do it in
21 a bipartisan fashion.
22 Thank you, Mr. President. I vote
23 in the negative.
24 ACTING PRESIDENT BRESLIN:
25 Senator Saland will be recorded in the
Candyco Transcription Service, Inc.
619
1 negative.
2 The Secretary will continue to
3 read.
4 THE SECRETARY: Senator Sampson.
5 SENATOR SAMPSON: Yes.
6 THE SECRETARY: Senator Savino.
7 SENATOR SAVINO: Yes.
8 THE SECRETARY: Senator
9 Schneiderman.
10 ACTING PRESIDENT BRESLIN:
11 Senator Schneiderman, to explain his vote.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Mr. President.
14 I will be voting yes in support of
15 the override. This is my bill, after all.
16 And I have to say that I'm disappointed that
17 we can't lock into law, that we can't in fact
18 pass and have enacted into law the changes
19 that this bill would make. Because everyone
20 concedes -- including the Governor, who I've
21 spoken to about this quite a few times -- that
22 everything in this bill is a positive step.
23 If you vote against this bill, if
24 you're voting against this override, you're
25 voting against a bill that would require for
Candyco Transcription Service, Inc.
620
1 the first time the reporting of independent
2 expenditures. You're voting against a bill
3 that would stop them from redacting our income
4 categories, so the public can see how much we
5 make. You're voting against a bill that for
6 the first time would require that any lobbyist
7 or client of a lobbyist that pays money to one
8 of us has to disclose that.
9 You're voting against a lot of good
10 stuff. And everyone concedes these are all
11 positive steps.
12 And you're voting against it, even
13 though on January 20th every one of you voted
14 for it, because you say it doesn't far enough
15 and we should have negotiations. Well, I'm
16 for negotiations. I'm ready to negotiate.
17 Senator Libous said we should have
18 five-ways and that there's been an effort to
19 get five-ways. If there's been an effort to
20 get five-ways, no one ever told anyone over
21 here. So let's clarify that right now. I'm
22 the sponsor of the bill. There's no five-way
23 been called.
24 We can go into negotiations now.
25 But we are going in, if you refuse to help us
Candyco Transcription Service, Inc.
621
1 override, without locking in this first
2 positive step, without showing everyone we can
3 get this done, without making a statement that
4 the days of gridlock are over.
5 Ladies and gentlemen, I have a lot
6 of affection and regard for many of my
7 colleagues on the other side of the aisle.
8 But you were in charge for decades and you
9 never took any of these steps towards
10 improving ethics or the campaign finance laws
11 in this state. You never made any of these
12 efforts.
13 I'm glad you're now willing to go
14 further. I would like to go further. Every
15 time we moved any of these provisions to the
16 floor or attempted to bring them to the floor
17 by a motion, you bloc-voted against them.
18 We're now in the majority, and instead of just
19 bloc-voting down every reform, we are actually
20 moving things.
21 I think it's a shame not to lock in
22 these changes and then go forward. If you
23 want to deal with lawyer disclosure, I sponsor
24 a bill, Senate 6794 -- please sign on -- that
25 requires lawyer disclosure.
Candyco Transcription Service, Inc.
622
1 ACTING PRESIDENT BRESLIN:
2 Senator -- Senator, how do you vote?
3 SENATOR SCHNEIDERMAN: I was just
4 leading up to that, Mr. President.
5 We can do better. We will do
6 better. But the right way to approach this is
7 not to make the perfect the enemy of the
8 possible. We should override and then we
9 should go into five-ways.
10 And whenever a five-way is called,
11 Senator Libous, I am there. Still waiting for
12 the Governor's call.
13 Thank you, Mr. President.
14 ACTING PRESIDENT BRESLIN:
15 Senator Schneiderman will be recorded in the
16 affirmative.
17 The Secretary will continue to
18 read.
19 THE SECRETARY: Senator Serrano.
20 SENATOR SERRANO: Yes.
21 THE SECRETARY: Senator Seward.
22 SENATOR SEWARD: To explain my
23 vote.
24 ACTING PRESIDENT BRESLIN:
25 Senator Seward, to explain his vote.
Candyco Transcription Service, Inc.
623
1 SENATOR SEWARD: Yes,
2 Mr. President, I will be voting no to override
3 the Governor's veto. But I feel in doing so
4 I'm voting yes for a better and stronger
5 ethics law in the State of New York.
6 And I would disagree with those who
7 would say that, well, this is the best that we
8 can do at this particular time. Because the
9 Governor has in fact indicated his willingness
10 to reopen discussions in a bipartisan way so
11 that we can get to a better and stronger
12 ethics bill soon.
13 And I would further disagree with
14 Senator Schneiderman and say that nothing has
15 been done in the past. Many of us were here
16 and voted for the original financial
17 disclosure law a number of years ago, and
18 there have been improvements along the way.
19 So I'm voting no, Mr. President, to
20 override the Governor's veto. But I feel in
21 doing so I am voting yes for a better and
22 stronger ethics bill in the very near future.
23 ACTING PRESIDENT BRESLIN:
24 Senator Seward will be voting yes and no.
25 (Laughter.)
Candyco Transcription Service, Inc.
624
1 ACTING PRESIDENT BRESLIN: Or no,
2 excuse me, Senator Seward will be recorded in
3 the negative.
4 SENATOR SEWARD: Correct.
5 ACTING PRESIDENT BRESLIN: The
6 Secretary will continue to read.
7 THE SECRETARY: Senator Skelos.
8 SENATOR SKELOS: Mr. President.
9 ACTING PRESIDENT BRESLIN:
10 Senator Skelos, to explain his vote.
11 SENATOR SKELOS: Mr. President,
12 in these days of high ethics and morality, I
13 have to comment on this legislation and why
14 I'm going to vote to sustain the Governor's
15 veto.
16 When this bill first came to the
17 floor for a vote, a number of amendments were
18 put up by the Senate Republicans which we
19 believe would have greatly improved the
20 legislation. Those amendments were defeated
21 by the Democrats as they went lockstep with
22 each other.
23 The people of this state are
24 looking for openness, transparency, and
25 greater accountability, more bipartisanship
Candyco Transcription Service, Inc.
625
1 and disclosure. Last year's budget, which was
2 negotiated behind closed doors, which
3 increased taxes by $11 billion -- payroll
4 taxes, license plate taxes, et cetera -- and
5 spending increases by about $13 billion, we
6 were told and the public was told that you
7 didn't need Republicans in the room because
8 ethic is controlled by Democrats in New York
9 State. And we saw the disaster, economic
10 disaster of that approach.
11 What's happening today with the
12 attempt to override the Governor's veto,
13 now -- one of the individuals that was in the
14 room -- it's been decided by the two
15 legislative branches that they're not happy
16 with him, that he's hurting politically, so
17 they're going to just give it to him a little
18 bit more. Rather than sitting down with him
19 and showing him the respect as Governor -- it
20 could have been this afternoon, could have
21 been tomorrow -- showing him the respect as
22 Governor to sit down and at least afford him
23 the opportunity to present his point of view
24 in legislation and sit down with the four
25 leaders, staff, and really discuss the
Candyco Transcription Service, Inc.
626
1 legislation to see if a compromise could be
2 achieved.
3 Now, just about every newspaper in
4 the state has weighed in against overriding
5 the Governor's veto. The Daily News said
6 legislators should come up with something
7 better. The New York Times, which I know many
8 of my good Democrat friends from Manhattan
9 just do whatever it says -- they wake up with
10 it, they go to sleep with it, they walk with
11 it, they just follow that blindly --
12 ACTING PRESIDENT BRESLIN:
13 Senator Skelos, how do you vote?
14 SENATOR SKELOS: Excuse me?
15 ACTING PRESIDENT BRESLIN: How do
16 you vote?
17 SENATOR SKELOS: Yeah, I'm just
18 finishing my statement. I think, Mr.
19 President, a number of people went over the
20 two minutes. And this is an important piece
21 of legislation, if I could comment.
22 ACTING PRESIDENT BRESLIN:
23 There's been one who person who we identified
24 going over, and you're the second. So we'll
25 let you finish.
Candyco Transcription Service, Inc.
627
1 SENATOR SKELOS: Thank you for
2 the courtesy.
3 I'll go through them. Syracuse
4 Post-Standard, Rochester Democrat & Chronicle,
5 Albany Times Union, New York Post, Buffalo
6 News all said that it should not overridden
7 and that we should sit down in a bipartisan
8 way and make it a stronger bill.
9 Many of them have called for
10 specific improvements. For example, allowing
11 the attorney general to be the chief
12 enforcement officer. Good government groups
13 such as Common Cause have said it could be
14 improved. And the New York City Bar
15 Association has also called for more
16 disclosure by attorneys, basically saying that
17 attorneys shouldn't be treated as a privileged
18 class when it comes to disclosure.
19 So if the veto is sustained, I
20 would hope that we can start negotiating five
21 ways, in a bipartisan way, and really improve
22 this legislation, because so many -- so many
23 questions have been raised. Enforcement --
24 ACTING PRESIDENT BRESLIN:
25 Senator Skelos.
Candyco Transcription Service, Inc.
628
1 SENATOR SKELOS: -- in the Board
2 of Elections, left to the Democrats. Not the
3 way to go. That's not bipartisanship.
4 ACTING PRESIDENT BRESLIN:
5 Senator Skelos, how do you vote?
6 SENATOR SKELOS: So I thank you,
7 Mr. President, again for the courtesy of
8 allowing me to extend my comments a little
9 longer than they should be, and I will be
10 voting to sustain the Governor's veto.
11 ACTING PRESIDENT BRESLIN:
12 Senator Skelos will be recorded in the
13 negative.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: Senator Smith.
17 SENATOR SMITH: Thank you very
18 much, Mr. President.
19 ACTING PRESIDENT BRESLIN:
20 Senator Smith, to explain his vote.
21 SENATOR SMITH: Yes,
22 Mr. President, just very briefly.
23 While I understand the
24 consternation that the minority has on this
25 day, it is obvious from reading many
Candyco Transcription Service, Inc.
629
1 editorials that the people of the State of
2 New York want us to do something. When they
3 talk about dysfunction, dysfunction is
4 relative to not completing a task or not
5 showing the effort to complete a task or not
6 having the will to do so.
7 Senator Schneiderman, Senator
8 Sampson and our colleagues here have worked
9 hard -- Senator Squadron. And while more
10 needs to be done, at the end of the day the
11 fact that we have a number of initiatives
12 within this ethics bill that will tell the
13 public that we are clear about their feelings
14 about how this chamber is run, this is a day
15 that I believe the override is in order.
16 Can we talk later with the Governor
17 and the other side of the aisle? Absolutely.
18 It has been done for years where you will make
19 one step to make two steps.
20 So I'm going to be voting aye,
21 Mr. President. And I would hope that there is
22 at least one or two members on the other side
23 of the aisle, our friends, who understand that
24 this is not about show, this is about getting
25 something done.
Candyco Transcription Service, Inc.
630
1 Thank you, Mr. President.
2 ACTING PRESIDENT BRESLIN:
3 Senator Smith will be recorded in the
4 affirmative.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Senator Squadron.
8 ACTING PRESIDENT BRESLIN:
9 Senator Squadron, to explain his vote.
10 SENATOR SQUADRON: Thank you,
11 Mr. President.
12 I rise today in support of the
13 override of the Governor's veto. As has been
14 pointed out, this bill is far from perfect.
15 But it is also the farthest that Albany has
16 ever gone. And that's why I hope -- almost
17 every member in this room voted for it just a
18 couple of weeks ago. Hopefully that wasn't
19 just to talk about it, hopefully it wasn't
20 just to get one good headline. Hopefully it
21 was because you believe as I do that this is
22 actually about fundamentally how we function,
23 which leads to our ability to make a
24 difference in a state that desperately needs
25 us right now.
Candyco Transcription Service, Inc.
631
1 And let's be very clear, there's a
2 lot more to do. We need to be negotiating and
3 working to do more immediately, without a
4 doubt. But a vote against the override is a
5 vote for the status quo. It is a vote for the
6 weakest ethics oversight, campaign finance
7 oversight in the nation.
8 And I don't think that's good
9 enough. It's certainly not the way that we're
10 going to rise out of the old Albany tradition
11 of failing to do important things, and it's
12 not the way that we're going to recreate
13 people's faith in our state government.
14 So I'll be disappointed if it
15 doesn't pass today. Hopefully we'll get a
16 chance again in this term. And I will vote
17 yes.
18 Thank you, Mr. President.
19 ACTING PRESIDENT BRESLIN:
20 Senator Squadron will be recorded in the
21 affirmative.
22 The Secretary will continue to
23 read.
24 THE SECRETARY: Senator
25 Stachowski.
Candyco Transcription Service, Inc.
632
1 SENATOR STACHOWSKI: Yes.
2 THE SECRETARY: Senator Stavisky.
3 ACTING PRESIDENT BRESLIN:
4 Senator Stavisky, to explain her vote.
5 SENATOR STAVISKY: Yes, thank
6 you, Mr. President.
7 I notice that the other side that
8 brought up the issue of the amendments. What
9 I find amazing is that these amendments were
10 not brought up last year or the year before or
11 even the year before that.
12 In fact, as people have noticed,
13 progress is often incremental. A long journey
14 begins with a single step. And we have, I
15 believe, had more progress in the last
16 12 months than has existed in the last
17 12 years.
18 I am not totally satisfied with
19 this bill, but I don't think anybody is. But
20 that's not a reason not to enact it. That is
21 not a reason not to override the Governor's
22 veto.
23 I vote aye.
24 ACTING PRESIDENT BRESLIN:
25 Senator Stavisky will be recorded in the
Candyco Transcription Service, Inc.
633
1 affirmative.
2 The Secretary will continue to
3 read.
4 THE SECRETARY: Senator
5 Stewart-Cousins.
6 SENATOR STEWART-COUSINS: Yes.
7 THE SECRETARY: Senator Thompson.
8 SENATOR THOMPSON: To explain my
9 vote.
10 ACTING PRESIDENT BRESLIN:
11 Senator Thompson, to explain his vote.
12 SENATOR THOMPSON: Yes, I think
13 that it's unfortunate today that we are not
14 going to have the votes to override the
15 Governor. I think it's unfortunate.
16 But I do want to just state for the
17 record that since last year, this side of the
18 aisle, with the help of votes on the other
19 side of the aisle -- in some respects they
20 have, and in some respects they have not --
21 helped pass a number of other reforms. And
22 hopefully before this session is over this
23 year, we will pass ethics reforms.
24 One of the things that was very
25 important that this side of the aisle has been
Candyco Transcription Service, Inc.
634
1 concerned about was mortgage foreclosure
2 reform. The reform for the birth delivery
3 rights for incarcerated women, I think it was
4 the Unshackled bill that Senator Montgomery
5 sponsored last year. I didn't necessarily
6 agree with this bill, I thought we could have
7 done with it more transparency, but there was
8 pension reform that was passed last year as
9 well.
10 Something that many people wanted
11 to see for a number of years was Rockefeller
12 Drug Law reform. I thought it could have been
13 a little stronger, but I think it was a good
14 bill and it helped many people.
15 So in the area of trying to help
16 fix Albany, I think we made some progress. We
17 still have a long way to go. And I hope that
18 by the time this year is done that we will
19 also enact more reform that we can do in a
20 bipartisan way. Thank you.
21 And I vote to support overriding
22 the Governor.
23 ACTING PRESIDENT BRESLIN:
24 Senator Thompson will be recorded in the
25 affirmative.
Candyco Transcription Service, Inc.
635
1 The Secretary will continue to
2 read.
3 THE SECRETARY: Senator Valesky.
4 SENATOR VALESKY: Yes,
5 Mr. President, to explain my vote.
6 ACTING PRESIDENT BRESLIN:
7 Senator Valesky, to explain his vote.
8 SENATOR VALESKY: I'll be
9 supporting the override of the Governor's veto
10 of this bill.
11 And just to correct what I believe
12 may have been a misstatement earlier in regard
13 to the position of some editorial boards
14 around the state, the Syracuse Post-Standard,
15 February 4th, title of the editorial: "Don't
16 let veto stand. Ethics law not perfect, but
17 it's better than the status quo."
18 I couldn't agree more. I vote yes.
19 ACTING PRESIDENT BRESLIN:
20 Senator Valesky will be recorded in the
21 affirmative.
22 The Secretary will continue to
23 read.
24 THE SECRETARY: Senator Volker.
25 ACTING PRESIDENT BRESLIN:
Candyco Transcription Service, Inc.
636
1 Senator Volker, to explain his vote.
2 SENATOR VOLKER: Mr. President,
3 I'd just like to make a comment on some of the
4 nonsense that has been spoken of in this
5 state.
6 There are some Western states have
7 no ethics and reporting statutes at all. And
8 New York has been way ahead of many of the
9 states in the union in reporting and in ethics
10 statutes. The statute that we passed here
11 some years ago, which has been in force for
12 many years where there's been reporting -- the
13 problem, by the way, is we're trying to
14 compare it, for instance, with the federal
15 legislation that is all one-sided reporting.
16 And interestingly enough, the Supreme Court
17 just threw it out.
18 I think if we're going to do a real
19 ethics and responsible piece of legislation,
20 we should all get together. Let's get
21 together and let's do it. And let's what I
22 call stop fooling around.
23 So I vote no.
24 ACTING PRESIDENT BRESLIN:
25 Senator Volker will be recorded in the
Candyco Transcription Service, Inc.
637
1 negative.
2 The Secretary will continue to
3 read.
4 THE SECRETARY: Senator Winner.
5 ACTING PRESIDENT BRESLIN:
6 Senator Winner, to explain his vote.
7 SENATOR WINNER: Thank you,
8 Mr. President.
9 You know, a number of years ago,
10 contrary to Senator Schneiderman had
11 indicated, the Legislature did get together on
12 a bipartisan basis and pass what was then
13 heralded by Common Cause as being the
14 strongest and the most effective and the most
15 vigorous ethics legislation in the country.
16 And while things have changed over
17 the years to a certain degree, do any of you
18 really believe that in the event that this
19 veto is overridden and this becomes law that
20 Sheldon Silver will sit down and negotiate a
21 stronger ethics bill? I mean, that's
22 preposterous.
23 So if the only way you're going to
24 get him to the table and get the Assembly --
25 which, by the way, for those of who you don't
Candyco Transcription Service, Inc.
638
1 know, is controlled by the Democrat Party in
2 the state, notwithstanding some people that
3 would like to forget that -- that the person
4 who is blocking any further reform in the
5 ethics arena is clearly the Speaker of the
6 Assembly.
7 And as such, you know, if you
8 sustain this veto, as we hope will happen
9 today, that will encourage negotiations on a
10 five-way basis to go forward, and you'll
11 really get something done that you are
12 purporting to say that you're really for.
13 I vote no.
14 ACTING PRESIDENT BRESLIN:
15 Senator Winner will be recorded in the
16 negative.
17 The Secretary will continue to
18 read.
19 THE SECRETARY: Senator Young.
20 SENATOR YOUNG: No.
21 ACTING PRESIDENT BRESLIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 35. Nays,
24 26.
25 ACTING PRESIDENT BRESLIN: The
Candyco Transcription Service, Inc.
639
1 motion to override the veto fails.
2 Senator Addabbo.
3 SENATOR ADDABBO: Mr. President,
4 I move to reconsider the vote by which the
5 override was lost.
6 ACTING PRESIDENT BRESLIN: The
7 Secretary will call the roll on
8 reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 35. Nays,
11 26.
12 ACTING PRESIDENT BRESLIN: The
13 motion to reconsider the vote was successful.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, I
16 now move to table the motion.
17 ACTING PRESIDENT BRESLIN: The
18 motion is tabled.
19 Senator Klein.
20 SENATOR KLEIN: Mr. President, on
21 behalf of Senator Sampson, I hand up the
22 following leadership notice and ask that it be
23 filed in the Journal.
24 ACTING PRESIDENT BRESLIN: The
25 Secretary will file it in the Journal.
Candyco Transcription Service, Inc.
640
1 SENATOR KLEIN: Mr. President,
2 can you please recognize Senator Libous for
3 their leadership notice.
4 ACTING PRESIDENT BRESLIN:
5 Senator Libous.
6 SENATOR LIBOUS: Thank you,
7 Mr. President. On behalf of Senator Skelos, I
8 hand up the following committee and leadership
9 changes.
10 ACTING PRESIDENT BRESLIN: To be
11 filed in the Journal.
12 Senator Klein.
13 SENATOR KLEIN: Mr. President,
14 may we go back to the order of motions and
15 resolutions.
16 ACTING PRESIDENT BRESLIN:
17 Returning to the order of motions and
18 resolutions.
19 Senator Klein.
20 SENATOR KLEIN: Mr. President, on
21 behalf of Senator Savino, I move that the
22 following bills be discharged from their
23 respective committees and be recommitted with
24 instructions to strike the enacting clause:
25 Senate Bill 6661.
Candyco Transcription Service, Inc.
641
1 ACTING PRESIDENT BRESLIN: So
2 ordered.
3 SENATOR KLEIN: Mr. President,
4 can you please recognize Senator Libous.
5 ACTING PRESIDENT BRESLIN:
6 Senator Libous.
7 SENATOR LIBOUS: Thank you,
8 Mr. President.
9 On behalf of Senator Larkin, on
10 page 8 I offer the following amendments to
11 Calendar Number 2, Senate Print 1036, and ask
12 that said bill retain its place, please, on
13 the Third Reading Calendar.
14 ACTING PRESIDENT BRESLIN:
15 Amendments received.
16 Senator Klein.
17 SENATOR KLEIN: Mr. President, I
18 just want to make an announcement on behalf of
19 Senator Thompson.
20 We're going to postpone the planned
21 conference, Democratic conference that we're
22 planning after session today.
23 ACTING PRESIDENT BRESLIN: The
24 post-session Majority conference will be
25 postponed today.
Candyco Transcription Service, Inc.
642
1 Senator Klein.
2 SENATOR KLEIN: Mr. President, is
3 there any further business at the desk?
4 ACTING PRESIDENT BRESLIN: There
5 is no further business at the desk.
6 SENATOR KLEIN: There being none,
7 I move that we adjourn until Tuesday,
8 February 9th, at 3:00 p.m.
9 ACTING PRESIDENT BRESLIN: There
10 being no further business to come before the
11 Senate, on motion, the Senate stands adjourned
12 until Tuesday, February 9th, at 3:00 p.m.
13 (Whereupon, at 5:49 p.m., the
14 Senate adjourned.)
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.