Regular Session - June 7, 2010

                                                            4738



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 7, 2010

        11                       5:43 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18

        19  SENATOR DIANE J. SAVINO, Acting President

        20  ANGELO J. APONTE, Secretary

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT SAVINO:    The

         3       Senate will please come to order.

         4                  I ask everyone present to please

         5       rise and recite with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT SAVINO:    Today's

        10       invocation will be provided by the Reverend

        11       Peter G. Young, of Mother Teresa Community

        12       Church in Albany.

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.  Let us pray.

        15                  And let us remember all our

        16       Senators so that they will guide our

        17       government for a just and caring society.  May

        18       God strengthen them, lead them and give them

        19       wisdom and understanding as they work for our

        20       good and the good of all of our New York State

        21       citizens.

        22                  It's not always easy to be gentle.

        23       And in the political world, we're taught to be

        24       tough, competitive and assertive.  But there

        25       are times when we like to be soothed and



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         1       treated gently.  We treat packages with

         2       gentleness when they are labeled "Fragile:

         3       Handle With Care."

         4                  So we ask You, our compassionate

         5       God, to give the sensitivity to our Senators

         6       and the courage to be gentle with other

         7       people.  Help us to hear the anguish and the

         8       hurt in other people and treat them with

         9       kindly care.

        10                  Amen.

        11                  ACTING PRESIDENT SAVINO:    The

        12       reading of the Journal.

        13                  The Secretary will read.

        14                  THE SECRETARY:    In Sunday,

        15       June 6, the Senate met pursuant to

        16       adjournment.  The Journal of Saturday, June 5,

        17       was read and approved.  On motion, Senate

        18       adjourned.

        19                  ACTING PRESIDENT SAVINO:    Without

        20       objection, the Journal stands approved as

        21       read.

        22                  Presentation of petitions.

        23                  Messages from the Assembly.

        24                  Messages from the Governor.

        25                  Reports of standing committees.



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         1                  Reports of select committees.

         2                  Communications and reports from

         3       state officers.

         4                  Motions and resolutions.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       on page number 36 I offer the following

         8       amendments to Calendar Number 638, Senate

         9       Print Number 1837A, and ask that said bill

        10       retain its place on Third Reading Calendar.

        11                  ACTING PRESIDENT SAVINO:    So

        12       ordered.

        13                  SENATOR KLEIN:    On behalf of

        14       Senator Foley, on page number 14 I offer the

        15       following amendments to Calendar Number 172,

        16       Senate Print Number 4322A, and ask that said

        17       bill retain its place on Third Reading

        18       Calendar.

        19                  ACTING PRESIDENT SAVINO:    So

        20       ordered.

        21                  SENATOR KLEIN:    Madam President,

        22       on behalf of Senator Savino, on page number 32

        23       I offer the following amendments to Calendar

        24       Number 593, Senate Print Number 7452, and ask

        25       that said bill retain its place on Third



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         1       Reading Calendar.

         2                  ACTING PRESIDENT SAVINO:    So

         3       ordered.

         4                  SENATOR KLEIN:    Madam President,

         5       on behalf of Senator Aubertine, I wish to call

         6       up Print Number 6237, recalled from the

         7       Assembly, which is now at the desk.

         8                  ACTING PRESIDENT SAVINO:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       58, by Senator Aubertine, Senate Print 6237,

        12       an act to amend the Highway Law.

        13                  ACTING PRESIDENT SAVINO:    Senator

        14       Klein.

        15                  SENATOR KLEIN:    Madam President,

        16       I now move to reconsider the vote by which

        17       this bill was passed.

        18                  ACTING PRESIDENT SAVINO:    The

        19       Secretary will call the roll on

        20       reconsideration.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 55.

        23                  ACTING PRESIDENT SAVINO:    Senator

        24       Klein.

        25                  SENATOR KLEIN:    Madam President,



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         1       I now offer the following amendments.

         2                  ACTING PRESIDENT SAVINO:

         3       Amendments received.

         4                  SENATOR KLEIN:    Madam President,

         5       on behalf of Senator Peralta, I move that the

         6       following bill be discharged from its

         7       respective committee and be recommitted with

         8       instructions to strike the enacting clause:

         9       Senate Print Number 7317.

        10                  ACTING PRESIDENT SAVINO:    So

        11       ordered.

        12                  SENATOR KLEIN:    Madam President,

        13       on behalf of Senator Andrea Stewart-Cousins,

        14       on page number 32 I offer the following

        15       amendments to Calendar Number 590, Senate

        16       Print Number 6651A, and ask that said bill

        17       retain its place on Third Reading Calendar.

        18                  ACTING PRESIDENT SAVINO:    So

        19       ordered.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Madam President,

        22       I believe there are substitutions at the desk.

        23       I ask that we make the substitutions at this

        24       time.

        25                  ACTING PRESIDENT SAVINO:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    On page 39,

         3       Senator Diaz moves to discharge, from the

         4       Committee on Aging, Assembly Bill Number 2548

         5       and substitute it for the identical Senate

         6       Bill Number 7567, Third Reading Calendar 690.

         7                  ACTING PRESIDENT SAVINO:

         8       Substitution ordered.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       can you please recognize Senator Libous for

        12       some motions.

        13                  ACTING PRESIDENT SAVINO:    Senator

        14       Libous.

        15                  SENATOR LIBOUS:    Madam President,

        16       do you recognize me?

        17                  ACTING PRESIDENT SAVINO:    I do.

        18                  SENATOR LIBOUS:    Thank you, Madam

        19       President.

        20                  On behalf of Senator DeFrancisco,

        21       on page number 23 I offer the following

        22       amendments to Calendar Number 390, Senate

        23       Print 6464, and I ask that said bill retain

        24       its place on the Third Reading Calendar.

        25                  ACTING PRESIDENT SAVINO:    So



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         1       ordered.

         2                  SENATOR LIBOUS:    Madam President,

         3       on behalf of Senator Farley, I wish to call up

         4       his bill, Print Number 1260A, recalled from

         5       the Assembly, which is now at the desk.

         6                  ACTING PRESIDENT SAVINO:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       91, by Senator Farley, Senate Print 1260A, an

        10       act to authorize.

        11                  SENATOR LIBOUS:    Madam President,

        12       I now wish to reconsider the vote by which

        13       this bill was passed.

        14                  ACTING PRESIDENT SAVINO:    The

        15       Secretary will call the roll on

        16       reconsideration.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 57.

        19                  ACTING PRESIDENT SAVINO:    Senator

        20       Libous.

        21                  SENATOR LIBOUS:    Madam President,

        22       I offer up the following amendments.

        23                  ACTING PRESIDENT SAVINO:

        24       Amendments received.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       I believe there's a resolution at the desk by

         3       Senator Sampson.  I ask that the title of the

         4       resolution be read and move for its immediate

         5       adoption.

         6                  ACTING PRESIDENT SAVINO:    Senator

         7       Klein, has this resolution been deemed

         8       privileged and submitted by the office of the

         9       Temporary President?

        10                  SENATOR KLEIN:    Yes, it has,

        11       Madam President.

        12                  ACTING PRESIDENT SAVINO:    The

        13       Secretary will read.

        14                  THE SECRETARY:    By Senator

        15       Sampson, legislative resolution commending

        16       Pastor Joseph Victor upon the occasion of

        17       receiving the Men of Distinction Award on

        18       June 10, 2010.

        19                  ACTING PRESIDENT SAVINO:    Are

        20       there any Senators that wish to be heard on

        21       the resolution?

        22                  Seeing none, the question is on the

        23       resolution.  All those in favor please signify

        24       by saying aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT SAVINO:

         2       Opposed, nay.

         3                  (No response.)

         4                  ACTING PRESIDENT SAVINO:    The

         5       resolution is adopted.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Madam President,

         8       I believe there's another resolution by

         9       Senator Sampson at the desk.  I ask that the

        10       title be read and move for its immediate

        11       adoption.

        12                  ACTING PRESIDENT SAVINO:    Senator

        13       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       Madam President.

        18                  ACTING PRESIDENT SAVINO:    The

        19       Secretary will read.

        20                  THE SECRETARY:    By Senator

        21       Sampson, legislative resolution commending

        22       William Scott Wilkins upon the occasion of

        23       receiving the Men of Distinction Award on

        24       June 10, 2010.

        25                  ACTING PRESIDENT SAVINO:    Are



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         1       there any Senators wishing to be heard on the

         2       resolution?

         3                  Seeing none, the question is on the

         4       resolution.  All those in favor signify by

         5       saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT SAVINO:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT SAVINO:    The

        11       resolution is adopted.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Madam President,

        14       I believe there's another resolution at the

        15       desk by Senator Sampson.  I ask that the title

        16       of the resolution be read and move for

        17       immediate adoption.

        18                  ACTING PRESIDENT SAVINO:    Senator

        19       Klein, has this resolution been deemed

        20       privileged and submitted by the office of the

        21       Temporary President?

        22                  SENATOR KLEIN:    Yes, it has,

        23       Madam President.

        24                  ACTING PRESIDENT SAVINO:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Sampson, legislative resolution commending

         3       David Best upon the occasion of receiving the

         4       Men of Distinction Award on June 10, 2010.

         5                  ACTING PRESIDENT SAVINO:    Are

         6       there any Senators wishing to be heard on the

         7       resolution?

         8                  Seeing none, the question is on the

         9       resolution.  All those in favor signify by

        10       saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT SAVINO:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT SAVINO:    The

        16       resolution is adopted.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       I believe there's a resolution again by

        20       Senator Sampson at the desk.  I ask that the

        21       title of the resolution be read and move for

        22       its immediate adoption.

        23                  ACTING PRESIDENT SAVINO:    Senator

        24       Klein, has this resolution been deemed

        25       privileged and submitted by the office of the



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         1       Temporary President?

         2                  SENATOR KLEIN:    Yes, it has,

         3       Madam President.

         4                  ACTING PRESIDENT SAVINO:    The

         5       Secretary will read.

         6                  THE SECRETARY:    By Senator

         7       Sampson, legislative resolution commending

         8       Mitchell S. Pinsky upon the occasion of

         9       receiving the Men of Distinction Award on

        10       June 10, 2010.

        11                  ACTING PRESIDENT SAVINO:    Are

        12       there any Senators wishing to be heard on the

        13       resolution?

        14                  Seeing none, the question is on the

        15       resolution.  All those in favor signify by

        16       saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT SAVINO:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT SAVINO:    The

        22       resolution is adopted.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       I believe there's another resolution at the



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         1       desk by Senator Sampson.  I ask that the title

         2       of the resolution be read and move for its

         3       immediate adoption.

         4                  ACTING PRESIDENT SAVINO:    Senator

         5       Klein, has this resolution been deemed

         6       privileged and submitted by the office of the

         7       Temporary President?

         8                  SENATOR KLEIN:    Yes, it has,

         9       Madam President.

        10                  ACTING PRESIDENT SAVINO:    The

        11       Secretary will read.

        12                  THE SECRETARY:    By Senator

        13       Sampson, legislative resolution commending

        14       Philip Giller upon the occasion of receiving

        15       the Men of Distinction Award on June 10, 2010.

        16                  ACTING PRESIDENT SAVINO:    Are

        17       there any Senators wishing to be heard on the

        18       resolution?

        19                  Seeing none, the question is on the

        20       resolution.  All those in favor please signify

        21       by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT SAVINO:     Oppose

        24       nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT SAVINO:    The

         2       resolution is adopted.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Madam President,

         5       I believe there's another resolution at the

         6       desk by Senator Sampson.  I ask that the title

         7       of the resolution be read and move for its

         8       immediate adoption.

         9                  ACTING PRESIDENT SAVINO:    Senator

        10       Klein, has this resolution been deemed

        11       privileged and submitted by the office of the

        12       Temporary President?

        13                  SENATOR KLEIN:    Yes, it has,

        14       Madam President.

        15                  ACTING PRESIDENT SAVINO:    The

        16       Secretary will read.

        17                  THE SECRETARY:    By Senator

        18       Sampson, legislative resolution commending

        19       Dean Curtis Elmore upon the occasion of

        20       receiving the Men of Distinction Award on

        21       June 10, 2010.

        22                  ACTING PRESIDENT SAVINO:    Are

        23       there any Senators wishing to be heard on the

        24       resolution?

        25                  Seeing none, the question is on the



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         1       resolution.  All those in favor please signify

         2       by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT SAVINO:

         5       Opposed, nay.

         6                  (No response.)

         7                  ACTING PRESIDENT SAVINO:    The

         8       resolution is adopted.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       there's another resolution at the desk by

        12       Senator Sampson.  I ask that the title of the

        13       resolution be read and move for its immediate

        14       adoption.

        15                  ACTING PRESIDENT SAVINO:    Senator

        16       Klein, has this resolution been deemed

        17       privileged and submitted by the office of the

        18       Temporary President?

        19                  SENATOR KLEIN:    Yes, it has,

        20       Madam President.

        21                  ACTING PRESIDENT SAVINO:    The

        22       Secretary will read.

        23                  THE SECRETARY:    By Senator

        24       Sampson, legislative resolution honoring

        25       Bishop Walter Dunlap upon the occasion of his



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         1       designation for special recognition by the

         2       Free Mission Temple, Inc.

         3                  ACTING PRESIDENT SAVINO:    Are

         4       there any Senators wishing to be heard on the

         5       resolution?  Seeing none, the question is on

         6       the resolution.  All those in favor please

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT SAVINO:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT SAVINO:    The

        13       resolution is adopted.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Madam President,

        16       at this time can we please go to a reading of

        17       the calendar.

        18                  ACTING PRESIDENT SAVINO:    The

        19       Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       84, by Senator Parker, Senate Print 2286A, an

        22       act to amend the Election Law.

        23                  ACTING PRESIDENT SAVINO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT SAVINO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT SAVINO:

         6       Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 84 are

         9       Senators Lanza, Larkin, Marcellino, Saland,

        10       Squadron and Volker.  Also Senator C. Kruger.

        11                  Ayes, 51.  Nays, 7.

        12                  ACTING PRESIDENT SAVINO:    The

        13       bill is passed.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Calendar Number

        17       164, by Member of the Assembly Maisel,

        18       Assembly Print Number 5320A, an act to amend

        19       the Public Health Law.

        20                  ACTING PRESIDENT SAVINO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the 180th day.

        24                  ACTING PRESIDENT SAVINO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 58.

         3                  ACTING PRESIDENT SAVINO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       222, by Senator Dilan, Senate Print 1083A, an

         7       act to amend the Social Services Law.

         8                  ACTING PRESIDENT SAVINO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT SAVINO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT SAVINO:

        16       Announce the results.

        17                  THE SECRETARY:    Those recorded in

        18       the negative on Calendar Number 222 are

        19       Senators DeFrancisco, Farley, Flanagan,

        20       Golden, Griffo, Lanza, Larkin, LaValle,

        21       Leibell, Libous, Marcellino, Maziarz,

        22       McDonald, Nozzolio, Ranzenhofer, Saland,

        23       Skelos, Volker and Young.

        24                  Ayes, 39.  Nays, 19.

        25                  ACTING PRESIDENT SAVINO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       270, by Senator Schneiderman, Senate Print

         4       6987A, an act to amend the Penal Law and

         5       others.

         6                  ACTING PRESIDENT SAVINO:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 16.  This

         9       act shall take effect on the 90th day.

        10                  ACTING PRESIDENT SAVINO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 58.

        14                  ACTING PRESIDENT SAVINO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       348, by Senator Hassell-Thompson, Senate Print

        18       5207, an act to amend the Correction Law.

        19                  ACTING PRESIDENT SAVINO:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT SAVINO:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 58.

         2                  ACTING PRESIDENT SAVINO:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       442, by Senator Foley, Senate Print 5531A, an

         6       act to amend the Environmental Conservation

         7       Law.

         8                  ACTING PRESIDENT SAVINO:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect on the 120th day.

        12                  ACTING PRESIDENT SAVINO:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT SAVINO:    Senator

        16       DeFrancisco, to explain his vote.

        17                  SENATOR DeFRANCISCO:    Yes, I'm

        18       going to vote no on this.

        19                  We have in this great state many

        20       different nationalities, many different

        21       languages spoken, many different people from

        22       different backgrounds.  If we require one

        23       language to be posted for pesticides in an

        24       area where the individuals are predominantly

        25       of that particular background, then I can't



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         1       see how we don't end up doing the same for

         2       every single language where there's a

         3       substantial number of people that speak that

         4       language.

         5                  On pesticide signs, you can

         6       certainly do some type of symbol or color of

         7       the flag or whatever to show that there's

         8       danger without having to require several

         9       different languages on the same little flag --

        10       or maybe it will be a very big flag after we

        11       get several different languages.

        12                  So I'm going to vote no.

        13                  ACTING PRESIDENT SAVINO:    Senator

        14       DeFrancisco to be recorded in the negative.

        15                  Announce the results.

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 442 are

        18       Senators DeFrancisco, Flanagan, Golden,

        19       Griffo, Lanza, Larkin, Leibell, Libous,

        20       Little, Maziarz, Nozzolio, Ranzenhofer,

        21       Robach, Saland, Skelos, Volker and Young.

        22                  Ayes, 41.  Nays, 17.

        23                  ACTING PRESIDENT SAVINO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       558, by Senator Foley, Senate Print 6699, an

         2       act to amend Chapter 591 of the Laws of 2001

         3       amending the Banking Law.

         4                  ACTING PRESIDENT SAVINO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT SAVINO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 58.

        12                  ACTING PRESIDENT SAVINO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       563, by Member of the Assembly Farrell,

        16       Assembly Print Number 8556A, an act to amend

        17       the Tax Law.

        18                  ACTING PRESIDENT SAVINO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT SAVINO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 58.



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         1                  ACTING PRESIDENT SAVINO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       607, by Senator Aubertine, Senate Print 7656,

         5       an act to amend the Agriculture and Markets

         6       Law.

         7                  ACTING PRESIDENT SAVINO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT SAVINO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 58.

        15                  ACTING PRESIDENT SAVINO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       611, by Member of the Assembly Latimer,

        19       Assembly Print Number 5823, an act to amend

        20       the Environmental Conservation Law.

        21                  ACTING PRESIDENT SAVINO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 3.  This

        24       act shall take effect on the 180th day.

        25                  ACTING PRESIDENT SAVINO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 58.

         4                  ACTING PRESIDENT SAVINO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       616, by Senator Stavisky, Senate Print 6307B,

         8       an act to amend the Education Law.

         9                  ACTING PRESIDENT SAVINO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 7.  This

        12       act shall take effect in the 90th day.

        13                  ACTING PRESIDENT SAVINO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 58.

        17                  ACTING PRESIDENT SAVINO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       617, by Senator Montgomery --

        21                  SENATOR KLEIN:    Lay the bill

        22       aside for the day, please.

        23                  ACTING PRESIDENT SAVINO:    The

        24       bill is laid aside for the day.

        25                  THE SECRETARY:    Calendar Number



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         1       624, by Senator Montgomery --

         2                  SENATOR KLEIN:    Lay the bill

         3       aside for the day, please.

         4                  ACTING PRESIDENT SAVINO:    The

         5       bill is laid aside for the day.

         6                  THE SECRETARY:    Calendar Number

         7       625, by Senator Montgomery --

         8                  SENATOR KLEIN:    Lay the bill

         9       aside for the day.

        10                  ACTING PRESIDENT SAVINO:    The

        11       bill is laid aside for the day.

        12                  THE SECRETARY:    Calendar Number

        13       633, by Senator Espada, Senate Print 7422, an

        14       act relating to redistributing 2009 bond

        15       volume allocations.

        16                  ACTING PRESIDENT SAVINO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 18.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT SAVINO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 58.

        24                  ACTING PRESIDENT SAVINO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       646, by Senator Thompson, Senate Print 6864,

         3       an act to amend the Executive Law.

         4                  ACTING PRESIDENT SAVINO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT SAVINO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  SENATOR LIBOUS:    Madam President,

        12       excuse me.  Can we lay this bill aside?

        13                  ACTING PRESIDENT SAVINO:    The

        14       bill is laid aside.

        15                  Senator Klein, that completes the

        16       reading of the noncontroversial calendar.

        17                  SENATOR KLEIN:    Madam President,

        18       can we please go to a reading of the

        19       controversial calendar.

        20                  ACTING PRESIDENT SAVINO:    The

        21       Secretary will ring the bell.

        22                  Members are asked to come to the

        23       chamber for the reading of the controversial

        24       calendar.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Madam President,

         2       can we come back to the controversial

         3       calendar.

         4                  Right now, could we go to a meeting

         5       of the Finance Committee, followed by a

         6       meeting of the Rules Committee in Room 332.

         7                  And can I ask members to come right

         8       back after the meeting of the Finance and

         9       Rules Committees.

        10                  ACTING PRESIDENT SAVINO:    There

        11       will be an immediate meeting of the Finance

        12       Committee, followed by an immediate meeting of

        13       the Rules Committee in Room 332.

        14                  Members are asked to return

        15       immediately to the chamber upon the completion

        16       of the Rules Committee.

        17                  The Senate will stand at ease.

        18                  (Whereupon, the Senate stood at

        19       ease at 6:08 p.m.)

        20                  (Whereupon, the Senate reconvened

        21       at 7:09 p.m.)

        22                  ACTING PRESIDENT SAVINO:    Senator

        23       Klein.

        24                  SENATOR KLEIN:    Madam President,

        25       I believe there's a report of the Rules



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         1       Committee at the desk.  I move that we adopt

         2       the report at this time.

         3                  ACTING PRESIDENT SAVINO:    There

         4       is a report of the Rules Committee at the

         5       desk.

         6                  The Secretary will read.

         7                  THE SECRETARY:    Senator Smith,

         8       from the Committee on Rules, reports the

         9       following bills.

        10                  Senate Print 7178A, by Senator

        11       Dilan, an act to amend the Multiple Dwellings

        12       Law;

        13                  Senate Print 8080, by Senator C.

        14       Kruger, an act to amend the Executive Law and

        15       others;

        16                  Senate Print 8088, by the Senate

        17       Committee on Rules, an act to amend the

        18       Insurance Law;

        19                  Senate Print 8089, by the Senate

        20       Committee on Rules, an act making

        21       appropriations for the support of government;

        22                  And Senate Print 8090, by the

        23       Senate Committee on Rules, an act to amend the

        24       Public Health Law and others.

        25                  All bills ordered direct to third



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         1       reading.

         2                  ACTING PRESIDENT SAVINO:    All

         3       those in favor of adopting the Rules Committee

         4       report please signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT SAVINO:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT SAVINO:    The

        10       Rules Committee report is adopted.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Madam President,

        13       can we return to Calendar Number 646, which

        14       was on the controversial calendar.

        15                  ACTING PRESIDENT SAVINO:    The

        16       Secretary will ring the bells and call all the

        17       members to the chamber for the reading of the

        18       controversial calendar.

        19                  The Secretary will read.

        20                  THE SECRETARY:    Calendar Number

        21       646, by Senator Thompson, Senate Print 6864,

        22       an act to amend the Executive Law.

        23                  ACTING PRESIDENT SAVINO:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT SAVINO:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT SAVINO:

         6       Announce the results.

         7                  THE SECRETARY:    Those recorded in

         8       the negative on Calendar Number 646 are

         9       Senators Bonacic, DeFrancisco, Farley,

        10       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        11       Lanza, Larkin, LaValle, Leibell, Libous,

        12       Little, Marcellino, Maziarz, McDonald,

        13       Nozzolio, Padavan, Ranzenhofer, Robach,

        14       Saland, Skelos, Volker, Winner and Young.

        15                  Absent from voting:  Senator

        16       Seward.

        17                  Ayes, 32.  Nays, 26.

        18                  ACTING PRESIDENT SAVINO:    The

        19       bill is passed.

        20                  Senator Klein, that completes the

        21       reading of the controversial calendar.

        22                  SENATOR KLEIN:    Madam President,

        23       at this time can we please go to a reading of

        24       the supplemental calendar.

        25                  ACTING PRESIDENT SAVINO:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       760, by the Senate Committee on Rules, Senate

         4       Print 8088, an act to amend the Insurance Law.

         5                  ACTING PRESIDENT SAVINO:    Senator

         6       Klein.

         7                  SENATOR KLEIN:    Madam President,

         8       is there a message of necessity at the desk?

         9                  ACTING PRESIDENT SAVINO:    Yes,

        10       Senator Klein, there is a message of necessity

        11       at the desk.

        12                  SENATOR KLEIN:    I move to accept

        13       the message at this time.

        14                  ACTING PRESIDENT SAVINO:    The

        15       question is on the acceptance of the message

        16       of necessity.  All those in favor please

        17       signify by saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT SAVINO:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT SAVINO:    The

        23       message is accepted.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 4.  This



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         1       act shall --

         2                  SENATOR LIBOUS:    Lay the bill

         3       aside.

         4                  ACTING PRESIDENT SAVINO:    The

         5       bill is laid aside.

         6                  THE SECRETARY:    Calendar Number

         7       761, by the Senate Committee on Rules, Senate

         8       Print 8089, an act making appropriations for

         9       the support of government.

        10                  ACTING PRESIDENT SAVINO:    Senator

        11       Klein.

        12                  SENATOR KLEIN:    Madam President,

        13       is there a message of necessity and

        14       appropriation at the desk?

        15                  ACTING PRESIDENT SAVINO:    Yes,

        16       Senator Klein, there is a message of necessity

        17       and appropriation at the desk.

        18                  SENATOR KLEIN:    Madam President,

        19       I move that we accept the message at this

        20       time.

        21                  ACTING PRESIDENT SAVINO:    The

        22       question is on the acceptance of the message

        23       of necessity and appropriation.  All those in

        24       favor please signify by saying aye.

        25                  (Response of "Aye.")



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         1                  ACTING PRESIDENT SAVINO:

         2       Opposed, nay.

         3                  (Response of "Nay.")

         4                  ACTING PRESIDENT SAVINO:    The

         5       message is accepted.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 20.

         8       This --

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT SAVINO:    The

        11       bill is laid aside.

        12                  THE SECRETARY:    Calendar Number

        13       762, by the Senate Committee on Rules, Senate

        14       Print 8090, an act to amend the Public Health

        15       Law, the State Finance Law, and the Elder Law.

        16                  ACTING PRESIDENT SAVINO:    Senator

        17       Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       is there a message of necessity at the desk?

        20                  ACTING PRESIDENT SAVINO:    Yes,

        21       Senator Klein, there is a message of necessity

        22       at the desk.

        23                  SENATOR KLEIN:    I move that we

        24       accept the message at this time.

        25                  ACTING PRESIDENT SAVINO:    The



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         1       question is on the acceptance of the message

         2       of necessity.  All those in favor please

         3       signify by saying aye.

         4                  (Response of "Aye.")

         5                  ACTING PRESIDENT SAVINO:

         6       Opposed, nay.

         7                  (Response of "Nay.")

         8                  ACTING PRESIDENT SAVINO:    The

         9       message is accepted.

        10                  Read the last section.

        11                  SENATOR LIBOUS:    Lay it aside.

        12                  ACTING PRESIDENT SAVINO:    Senator

        13       Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       on the last bill, is there a message of

        16       necessity and appropriation at the desk?

        17                  ACTING PRESIDENT SAVINO:    Why

        18       yes, Senator Klein, there is a message of

        19       necessity and appropriation at the desk.

        20                  SENATOR KLEIN:    I move we accept

        21       the message at this time.

        22                  ACTING PRESIDENT SAVINO:    The

        23       question is on the acceptance of the message

        24       of necessity and appropriation.  All those in

        25       favor please signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT SAVINO:

         3       Opposed, nay.

         4                  (Response of "Nay.")

         5                  ACTING PRESIDENT SAVINO:    The

         6       message is accepted.

         7                  Read the last section.

         8                  SENATOR LIBOUS:    Lay the bill

         9       aside.

        10                  ACTING PRESIDENT SAVINO:    He

        11       didn't read the last section yet, Senator

        12       Libous.

        13                  SENATOR LIBOUS:    Lay the bill

        14       aside.

        15                  ACTING PRESIDENT SAVINO:    The

        16       bill is laid aside.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       at this time can we please go to a reading of

        20       the controversial supplemental calendar.

        21                  ACTING PRESIDENT SAVINO:    The

        22       Secretary will ring the bells.

        23                  We ask all members to please return

        24       to the chamber and stay in the chamber for the

        25       reading of the controversial supplemental



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         1       calendar.  The calendar will go much quicker,

         2       members, if we remain in the chamber.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Calendar Number

         5       760, by the Senate Committee on Rules, Senate

         6       Print 8088, an act to amend the Insurance Law.

         7                  ACTING PRESIDENT SAVINO:    Senator

         8       Libous, why do you rise?

         9                  SENATOR LIBOUS:    Thank you, Madam

        10       President.  I believe there's an amendment by

        11       Senator Hannon at the desk.  I would ask that

        12       you waive its reading and call on Senator

        13       Hannon.

        14                  ACTING PRESIDENT SAVINO:    Senator

        15       Libous, there is an amendment at the desk.

        16       Without objection, the reading is waived and

        17       Senator Hannon may speak on the amendment.

        18                  SENATOR HANNON:    Thank you, Madam

        19       President.

        20                  This amendment would take the

        21       provisions of the proposed bill and make it

        22       better.  It would institute a system of prior

        23       approval on rates, but it would ensure that

        24       only the people who are pressing the limit,

        25       are raising their rates far too much on their



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         1       premium payers, would be subject to it.

         2                  It would also make sure that the

         3       Superintendent of Insurance had sufficient

         4       powers to ensure that those who are the most

         5       costly insurers would come under its

         6       provisions.

         7                  It would also add a definition of

         8       what is called the medical loss ratio.

         9       Because under the current proposal before us,

        10       there is no definition.

        11                  And that's really necessary because

        12       the Federal Healthcare Reform Bill, which was

        13       passed under President Obama's championship,

        14       requires that there be a federal medical loss

        15       ratio, and that federal medical loss ratio

        16       must be established before the end of this

        17       year and may well be established before that,

        18       because Health and Human Services Secretary

        19       Sebelius has asked the National Association of

        20       Insurance Commissioners to come up with one

        21       very soon, and they have said they'll do it by

        22       the end of this month or the end of next

        23       month.  So we would cure that.

        24                  In addition, we would make sure

        25       that only the highest costly insurers are



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         1       covered.  If they were not, then they would

         2       not have to go through the prior approval

         3       process.  It would simplify the process.  It

         4       would be cheaper for the state because, if

         5       they're meeting the goal of this bill, then

         6       they would not have to go through a costly

         7       application and the department would not have

         8       to go through a costly review procedure.

         9                  For those reasons, Madam President,

        10       I would submit the amendment ought to be

        11       accepted.  This is something that was proposed

        12       as part of the Executive Budget.  It's not

        13       necessary to do as part of the one-week

        14       extension of the budget, and therefore putting

        15       this off to get the amendment printed could be

        16       accomplished easily.

        17                  Thank you.

        18                  ACTING PRESIDENT SAVINO:    Are

        19       there any other Senators that wish to be heard

        20       on the amendment?

        21                  Seeing none, the question is on the

        22       nonsponsor motion to amend Calendar Number

        23       760.  Those Senators voting in support of the

        24       nonsponsor amendment please raise your hands.

        25                  Announce the results.



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         1                  THE SECRETARY:    Ayes, 26.  Nays,

         2       32.

         3                  ACTING PRESIDENT SAVINO:    The

         4       motion fails.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT SAVINO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT SAVINO:    Senator

        12       Hannon, to explain his vote.

        13                  SENATOR HANNON:    While I support

        14       the goals of what we're trying to do -- hold

        15       down the rates of insurance for health

        16       insurance to the people who have to pay

        17       them -- I think that there are several

        18       problems involved with this.

        19                  The bill is patterned after the

        20       regulatory scheme that we had in the early

        21       '90s.  That scheme led to the bankruptcy of an

        22       insurance company called WellCare.  It led to

        23       enormous difficulties with the Empire Blue

        24       Cross-Blue Shield, which required a lot of

        25       attention by the Legislature at that Point.



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         1       And it fails to mesh with the federal new

         2       regulation of insurance.  It does not have a

         3       definition of medical loss ratio in here.  It

         4       gives untoward powers to the Superintendent of

         5       Insurance, which if done wisely is fine, but

         6       that's not always been the case.

         7                  For those reasons, while I am

         8       supporting the bill, I am putting on the

         9       record my doubts that this scheme will work

        10       properly.

        11                  Thank you.

        12                  ACTING PRESIDENT SAVINO:    Senator

        13       Breslin, to explain his vote.

        14                  SENATOR BRESLIN:    Thank you very

        15       much, Madam President.

        16                  I think this is a very bright day

        17       for New Yorkers.  For the last ten years, we

        18       have learned to live under bad policy, and

        19       that's file and use.  For those who don't

        20       know, an HMO, when they want a rate increase

        21       for the last number of years have filed a

        22       sheet of paper and used that rate increase

        23       that they filed on that sheet of paper.  Maybe

        24       a year and a half, a year later the Insurance

        25       Department might have discovered that the



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         1       raise was not appropriate.  They have fined

         2       various insurance companies for that.  But

         3       unfortunately, because those rates went up,

         4       people were driven off the insurance rolls.

         5                  And in the last ten years we've

         6       also learned, not only statewide but

         7       federally, that deregulation doesn't work.

         8       And I'll give us an example, the AIG

         9       nationally.  AIG as a financial institution

        10       failed because it wasn't regulated.  Its

        11       insurance arms worked just fine because there

        12       was sufficient regulation and sufficient

        13       reserves.

        14                  The prior approval that we pass

        15       here today will allow the Insurance

        16       Department, within a 60-day period -- as

        17       opposed to the bill that was used during the

        18       1990s, the prior approval, this one will have

        19       60 days for the Insurance Department to make a

        20       decision on whether a rate is justified or

        21       not.

        22                  The Insurance Department will have

        23       an opportunity to just not look at the minimum

        24       loss ratio, but will have the chance to look

        25       at the solvency of the company, the way



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         1       profits are going, are they going up and down,

         2       are there particular health insurance products

         3       that they have that need a review and some

         4       direction.  This will take care of that.

         5                  And the minimum loss ratio is above

         6       the federal.  It's at 82.  And it is somewhat

         7       unclear in the statute we're passing here

         8       today.  But there's a number of different

         9       things -- we want to make sure that health

        10       programs don't have the unintended

        11       consequences of being eliminated, that they

        12       would be included in the minimum loss ratio.

        13       There's also the situation with taxes that

        14       health insurance -- that health maintenance

        15       organizations use.  So there will be a

        16       rule-making process within the department to

        17       accomplish those goals.

        18                  But today we satisfy small

        19       businesses.  We satisfy chambers of commerce

        20       who have been crying out for better healthcare

        21       at a more affordable price.  And this is the

        22       day that we will now have it.

        23                  Thank you, Madam President.

        24                  ACTING PRESIDENT SAVINO:    Senator

        25       Breslin to be recorded in the affirmative.



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         1                  I would like to remind members on

         2       explaining your vote the time limit is two

         3       minutes.  Let us try and stick to that.

         4                  Are there any other Senators

         5       wishing to explain their vote?

         6                  Seeing none, announce the results.

         7                  THE SECRETARY:    In reference to

         8       Calendar Number 760:  Ayes, 58.  Nays, 0.

         9                  Absent from voting:  Senator

        10       Seward.

        11                  ACTING PRESIDENT SAVINO:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       761, by the Senate Committee on Rules, Senate

        15       Print 8089, an act making appropriations for

        16       the support of government.

        17                  SENATOR LIBOUS:    Explanation.

        18                  ACTING PRESIDENT SAVINO:    Senator

        19       Kruger, an explanation has been requested.

        20                  SENATOR CARL KRUGER:    Thank you,

        21       Madam President.

        22                  Through you, this is the tenth

        23       extender, which basically keeps government

        24       functioning during this period of budget

        25       negotiations.  It provides for $55.9 billion



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         1       in All Funds appropriation and $12.4 billion

         2       in a General Fund appropriation.

         3                  ACTING PRESIDENT SAVINO:    Senator

         4       DeFrancisco.

         5                  SENATOR DeFRANCISCO:    Would

         6       Senator Kruger yield to a question.

         7                  ACTING PRESIDENT SAVINO:    Senator

         8       Kruger will you yield for a question?

         9                  SENATOR CARL KRUGER:    Yes, I do,

        10       Madam President.

        11                  ACTING PRESIDENT SAVINO:    Senator

        12       Kruger yields.

        13                  SENATOR DeFRANCISCO:    The

        14       appropriation that you just described is

        15       $55.9 billion.  And from the bill, it appears

        16       that these pertain not only to one week but

        17       also throughout the entire year.  And my

        18       question is, what percentage of the entire

        19       budget does this extender represent?

        20                  SENATOR CARL KRUGER:    Through

        21       you, Madam President, approximately

        22       40 percent.

        23                  SENATOR DeFRANCISCO:    Would

        24       Senator Kruger yield to another question.

        25                  SENATOR CARL KRUGER:    Yes, I do.



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         1                  ACTING PRESIDENT SAVINO:    Senator

         2       Kruger yields.

         3                  SENATOR DeFRANCISCO:    Today we

         4       are passing 40 percent of the budget of the

         5       State of New York.  Can you tell me by what

         6       process we arrived at this particular decision

         7       today?

         8                  SENATOR CARL KRUGER:    Through

         9       you, Madam President, by legislation.

        10                  SENATOR DeFRANCISCO:    Would

        11       Senator Kruger yield to another question.

        12                  ACTING PRESIDENT SAVINO:    Senator

        13       Kruger, do you continue to yield?

        14                  SENATOR CARL KRUGER:    Yes, I do,

        15       Madam President.

        16                  SENATOR DeFRANCISCO:    Would

        17       Senator Kruger tell me by whom -- and I don't

        18       mean bill drafting -- what individuals created

        19       the legislation and made the agreements upon

        20       which the legislation was based, and how did

        21       that happen from last Monday till today?

        22                  SENATOR CARL KRUGER:    Through

        23       you, Madam President, these are Governor's

        24       bills.

        25                  SENATOR DeFRANCISCO:    Would



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         1       Senator Kruger yield to another question.

         2                  SENATOR CARL KRUGER:    Yes, I do,

         3       Madam President.

         4                  ACTING PRESIDENT SAVINO:    Senator

         5       Kruger yields.

         6                  SENATOR DeFRANCISCO:    Was there

         7       any negotiations -- three ways, five ways --

         8       between any leaders between last Monday and

         9       today to arrive at this 40 percent of the

        10       budget of the State of New York?

        11                  SENATOR CARL KRUGER:    Through

        12       you, Madam President, yes.

        13                  SENATOR DeFRANCISCO:    And would

        14       Senator Kruger yield to another question.

        15                  ACTING PRESIDENT SAVINO:    Senator

        16       Kruger, do you continue to yield?

        17                  SENATOR CARL KRUGER:    Yes, I do.

        18                  ACTING PRESIDENT SAVINO:    Senator

        19       Krueger yields.

        20                  SENATOR DeFRANCISCO:    Can you

        21       tell me when those meetings were held and who

        22       participated in those meetings to arrive at

        23       this agreement?

        24                  SENATOR CARL KRUGER:    Through

        25       you, Madam President, I don't have dates,



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         1       times and places, but I will try to get them

         2       furnished to you.

         3                  SENATOR DeFRANCISCO:    Would

         4       Senator Kruger yield to another question.

         5                  SENATOR CARL KRUGER:    Yes, I do.

         6                  ACTING PRESIDENT SAVINO:    Senator

         7       Kruger yields.

         8                  SENATOR DeFRANCISCO:    Since we're

         9       going to vote on this presumably tonight

        10       sometime before midnight so government won't

        11       stop, when would you anticipate having that

        12       information for the rank and file of this

        13       chamber?

        14                  SENATOR CARL KRUGER:    Through

        15       you, Madam President, I'm going to ask the

        16       staff to compile it as quickly as possible.

        17                  SENATOR DeFRANCISCO:    Point of

        18       order.  May we go at ease until we get this

        19       information, Madam President?

        20                  ACTING PRESIDENT SAVINO:    Senator

        21       Klein.

        22                  SENATOR KLEIN:    Madam President,

        23       if Senator DeFrancisco wants to stand at ease,

        24       he'll have to make a formal motion to do that.

        25                  SENATOR DeFRANCISCO:    There's no



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         1       need for a formal motion.  I would just like

         2       to ask Senator Kruger another question, if

         3       he'd be willing to answer it.

         4                  ACTING PRESIDENT SAVINO:    Senator

         5       Kruger, will you yield?

         6                  SENATOR CARL KRUGER:    Yes,

         7       certainly.  Through you, Madam President.

         8                  ACTING PRESIDENT SAVINO:    Senator

         9       Kruger will continue to yield.

        10                  SENATOR DeFRANCISCO:    Are you

        11       telling this body and all the viewers that may

        12       be watching this, either through TV stations

        13       or the Internet, that you as chairman of

        14       Finance do not know as you stand here today,

        15       proposing a bill that includes 40 percent of

        16       the budget of the State of New York, who

        17       participated in the discussions to arrive at

        18       the legislation that is this bill that we're

        19       voting on today?

        20                  SENATOR CARL KRUGER:    Through

        21       you, Madam President.  I did not say, Senator,

        22       that I did not know who.  I said that in order

        23       to put together the times, places and

        24       information, we would have staff do it and get

        25       it to you as expeditiously as possible.



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         1                  SENATOR DeFRANCISCO:    Would

         2       Senator Kruger yield to another question.

         3                  SENATOR CARL KRUGER:    Yes.  And

         4       the last one, Madam President.

         5                  ACTING PRESIDENT SAVINO:    Senator

         6       Kruger yields for one more question.

         7                  SENATOR DeFRANCISCO:    Well, I'll

         8       try to make this a good one since he's limited

         9       in time tonight in answering questions on

        10       40 percent of the budget.

        11                  Can you tell me whether or not any

        12       members of the minority parties in either

        13       house participated in this drafting -- in the

        14       negotiations that led to the drafting?  And

        15       I'm talking about either Senator Skelos or

        16       Minority Leader Kolb.

        17                  SENATOR CARL KRUGER:    Through

        18       you, Madam President, to the best of my

        19       knowledge they did not.

        20                  Thank you.

        21                  SENATOR DeFRANCISCO:    Would

        22       Senator Kruger yield to another question.

        23                  ACTING PRESIDENT SAVINO:    Senator

        24       Kruger?

        25                  SENATOR CARL KRUGER:    No.



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         1                  ACTING PRESIDENT SAVINO:    Senator

         2       Kruger will not yield for another question.

         3                  Senator DeFrancisco, on the bill.

         4                  SENATOR DeFRANCISCO:    For so many

         5       years the Democrat Party lusted to become the

         6       majority party to run this house.  It is

         7       absolutely amazing what we're viewing here

         8       today.  We're in our tenth budget extender,

         9       tenth budget extender.  And this extender

        10       miraculously results in the determination of

        11       40 percent of the state budget of the New York

        12       State -- $55.9 billion, with a B.

        13                  And there's been no participation

        14       for the minority party, no public conference

        15       committee meetings, no determinations

        16       whatsoever of who the conference committee

        17       members are going to be by the Assembly, no

        18       schedule for conference committee meetings,

        19       and miraculously -- we don't when, we don't

        20       know how many meetings, we don't know who was

        21       there -- but all we do know is that no

        22       Republican minority members participated in

        23       those discussions.

        24                  I don't know how to aptly describe

        25       that process.  But it certainly violates the



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         1       law, the letter of the law and the spirit of

         2       the law of 2007 which called for an open

         3       public process.

         4                  And the amazing part about all of

         5       this is that the mere fact that these cuts

         6       take place, you can't prioritize in this

         7       budget extender how these cuts compare to

         8       maybe other areas that could be cut.  Maybe

         9       there's a better way to do it.  Maybe if the

        10       public participated and there was discussions

        11       open among all the conference committees of

        12       members of this house, maybe there would be an

        13       idea how you wouldn't have to cut certain

        14       areas of this budget that are being cut by

        15       this miraculous process.

        16                  In addition, there are other areas

        17       of potential cuts.  And at the next extender

        18       bill that's on the agenda there's going to be

        19       some suggestions, some amendments, since the

        20       Republican minority was not allowed to

        21       participate in the process.  Senator Skelos

        22       and Assembly Minority Leader Kolb are invited

        23       to the five-way leaders' public show that goes

        24       on where nothing is decided.  But where it

        25       really matters, behind closed doors, and where



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         1       it really would matter, at conference

         2       committees, they're not participating.

         3                  But we've got other suggestions

         4       which I've got a feeling -- I just have this

         5       feeling, I don't know where I get it from --

         6       they're probably not going to be accepted by

         7       the majority party.  But in any event, we're

         8       going to make that attempt later on.

         9                  So here we are doing a piecemeal

        10       budget.  And when you do a budget -- at least

        11       I thought when a family does a budget, the

        12       state should do it the same way.  Namely,

        13       you've got to make priorities.  What -- maybe

        14       some of these cuts are not the cuts that are

        15       the most logical ones to be made when you

        16       consider the other 60 percent of the budget.

        17                  So apparently the process this year

        18       is going to be do 40 percent today, maybe

        19       20 percent next week, maybe another 15 percent

        20       the week after that, and at some point in time

        21       we'll get to 100 percent by a piecemeal

        22       process that is totally violative of the rules

        23       and regulations by statute that were provided

        24       in 2007.

        25                  So for the reasons that I just



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         1       mentioned -- the process is faulty, it

         2       violates the law, the result is faulty because

         3       we're not laying one potential cut against

         4       another potential cut, we're not making

         5       priorities, we're just doing bits and

         6       pieces -- and who knows there might not be

         7       other cuts to healthcare in the next segment

         8       of our extenders -- no one in good conscience

         9       could vote on 40 percent of at budget not

        10       knowing what remains in the last 60 percent.

        11       Nobody can if you're being honest with

        12       yourself.

        13                  And I made the analogy with

        14       families.  Can you imagine if you had a

        15       problem in your family as far as the budget is

        16       concerned and this week we're going to do

        17       40 percent of it and we'll worry about the

        18       next 60 percent next week or 20 percent a week

        19       thereafter?

        20                  You may make mistakes in the first

        21       round.  And I've got a feeling and you'll see

        22       from our potential amendments that a lot of

        23       mistakes were made in this particular

        24       extender.

        25                  So for I don't know what straight



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         1       week -- I think I may have vote for one or two

         2       in the beginning -- but for at least eight

         3       straight weeks I'm voting no on this budget.

         4       It's a piecemeal document that has such a

         5       great percentage of the total budget that it

         6       cannot possibly be passed or voted on by

         7       anybody who truly, truly is trying to make a

         8       good budget for the State of New York.

         9                  So when the vote is called I will

        10       be voting no.  Thank you, Madam President.

        11                  ACTING PRESIDENT SAVINO:    Senator

        12       DeFrancisco will be recorded in the negative.

        13                  Senator Nozzolio, on the bill.

        14                  SENATOR NOZZOLIO:    Thank you,

        15       Madam President.  Will Senator Kruger yield?

        16                  ACTING PRESIDENT SAVINO:    Senator

        17       Kruger, will you yield for a question?

        18                  SENATOR NOZZOLIO:    Yes, I would.

        19                  ACTING PRESIDENT SAVINO:    Senator

        20       Kruger yields.

        21                  SENATOR NOZZOLIO:    Thank you,

        22       Senator Kruger.  Through you, Madam President.

        23                  Will the bill before us require any

        24       tax hikes?

        25                  SENATOR CARL KRUGER:    Through



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         1       you, Madam President, no.

         2                  SENATOR NOZZOLIO:    Will Senator

         3       Kruger continue to yield.

         4                  ACTING PRESIDENT SAVINO:    Senator

         5       Kruger, do you continue to yield?

         6                  SENATOR CARL KRUGER:    Yes, I do.

         7                  ACTING PRESIDENT SAVINO:    Senator

         8       Kruger yields.

         9                  SENATOR NOZZOLIO:    Senator

        10       Kruger, do you guarantee to the members who

        11       are looking at this measure -- and Senator

        12       DeFrancisco indicated 40 percent of the state

        13       budget contains the spending plan therein --

        14       that there will be no tax hikes this year as a

        15       result of this spending plan?

        16                  SENATOR CARL KRUGER:    Through

        17       you, Madam President.  Firstly, no, I did not

        18       say that.  The reference was to this bill.

        19                  Secondly, secondly -- you know,

        20       this is almost like Gaslight.  Because, you

        21       know, let's just reflect back for a moment.

        22       Last week, at the five-way leaders' meeting,

        23       there was a request made and an affirmation

        24       that the scorecards would be distributed to

        25       the minority and the scorecards were



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         1       distributed to the minority.  And part of that

         2       process was that the give-and-take where the

         3       recommendations and the suggestions and the

         4       minority's blueprint towards resolving this

         5       budget would become crystal-clear and

         6       available to everyone.

         7                  Well, the fact of the matter is

         8       that did not happen.  So consequently, you

         9       know --

        10                  SENATOR SKELOS:    Madam President.

        11                  SENATOR CARL KRUGER:    -- when we

        12       have the chairman of our Health Committee,

        13       Senator Duane, send a letter --

        14                  ACTING PRESIDENT SAVINO:    Senator

        15       Skelos.

        16                  SENATOR CARL KRUGER:    -- send a

        17       letter to Senator Hannon -- I have the

        18       floor -- to Senator Hannon asking for

        19       participation on the health agenda of the

        20       budget and to participate in it --

        21                  SENATOR LIBOUS:    Madam President.

        22                  SENATOR CARL KRUGER:    -- he gets

        23       no response.

        24                  ACTING PRESIDENT SAVINO:    Senator

        25       Skelos, why do you rise?



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         1                  SENATOR LIBOUS:    Senator Nozzolio

         2       has the floor, and Senator Skelos has risen.

         3                  ACTING PRESIDENT SAVINO:    Senator

         4       Skelos, why do you rise?

         5                  SENATOR SKELOS:    Madam President,

         6       just as a point of clarification to Senator

         7       Kruger, last week at the five-way leaders'

         8       meeting we were told by the Governor and it

         9       was agreed upon by the two majorities that we

        10       would see the scoring by the Governor as to

        11       the actual numbers in the Senate majority

        12       resolution, the Assembly majority resolution,

        13       and what had been agreed upon between the two

        14       majorities concerning $6 billion in supposed

        15       cuts.

        16                  We have not received those

        17       scorings.  We have not received them.  So you

        18       stand corrected.

        19                  SENATOR CARL KRUGER:    Through

        20       you, Madam President.  Once again, to the best

        21       of my recollection, was that those scorecards

        22       were going to be distributed to both

        23       minorities and at that point both minorities

        24       were going to offer up their suggestions and

        25       their view as to the budget resolution



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         1       process.  That's the way I heard it.

         2                  SENATOR NOZZOLIO:    Will Senator

         3       Kruger continue to yield, Madam President?

         4                  ACTING PRESIDENT SAVINO:

         5       Senator --

         6                  SENATOR SKELOS:    Point of

         7       clarification.  What is the scoring --

         8                  ACTING PRESIDENT SAVINO:    Senator

         9       Skelos --

        10                  SENATOR KLEIN:    Madam President.

        11                  ACTING PRESIDENT SAVINO:    Yes,

        12       Senator Klein.

        13                  SENATOR KLEIN:    If Senator Skelos

        14       wants to speak, he has to yield to Senator

        15       Nozzolio, who now has the floor.

        16                  ACTING PRESIDENT SAVINO:    Thank

        17       you, Senator Klein, I was just about to

        18       suggest that to Senator Skelos.

        19                  SENATOR SKELOS:    Senator

        20       Nozzolio, would you yield to me?

        21                  ACTING PRESIDENT SAVINO:    Senator

        22       Nozzolio, will you yield the floor to Senator

        23       Skelos?

        24                  SENATOR NOZZOLIO:    Madam

        25       President, I'll be happy to yield to Senator



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         1       Skelos.

         2                  ACTING PRESIDENT SAVINO:    Senator

         3       Skelos, on the bill.

         4                  SENATOR SKELOS:    Madam President,

         5       again, I would suggest to Senator Kruger that

         6       he's confusing two issues that arose at the

         7       leaders' meeting.

         8                  The actual scoring of the proposed

         9       or suggested cuts by the Senate majority

        10       resolution, the Assembly majority

        11       resolution -- the Senate one, for example, I

        12       know every single member of the Senate

        13       majority Democrats voted for a billion-four in

        14       school aid cuts.  We want to make sure those

        15       numbers are correct.

        16                  But the bottom line is we were

        17       given a commitment that we would receive those

        18       numbers forthwith prior to us having

        19       discussion in another extender, and we have

        20       not received them.  I mean, that's the bottom

        21       line.

        22                  So, Senator Nozzolio, I appreciate

        23       you yielding to me, and carry on.

        24                  SENATOR NOZZOLIO:    Senator

        25       Skelos, thank you for that clarification.



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         1                  Madam President, on the bill.

         2                  ACTING PRESIDENT SAVINO:    Senator

         3       Nozzolio, on the bill.

         4                  SENATOR NOZZOLIO:    Madam

         5       President, as Senator DeFrancisco began the

         6       debate this evening, as Senator Skelos

         7       amplified that debate, we do not have a

         8       process at all for 40 percent of the state

         9       expenditures.  The entire budget process over

        10       these past weeks has been ridiculous if not

        11       existent.

        12                  Today, as we're talking about very

        13       severe, significant substance, not even an

        14       indication by the chairman of the Finance

        15       Committee relative to the potential for

        16       additional tax hikes is forthcoming.

        17                  And when you are pursuing a budget

        18       on such a piecemeal basis, I believe that's

        19       the only conclusion that one can draw, that

        20       because all the information isn't before us,

        21       because all the spending plan is not in place,

        22       this body is voting in the dark on whether or

        23       not there is in fact a major tax hike coming

        24       down as a result of this spending plan.

        25                  I know Senator Kruger believes



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         1       there is a better way; at least I would hope

         2       he would.  Certainly the members on this side

         3       of the aisle, the Republicans, believe that at

         4       the very least the lack of transparency in

         5       what's being proposed is unconscionable.

         6                  Madam President, one can only

         7       conclude that the taxpayers are going to be

         8       significantly hurt by this horrendous lack of

         9       transparency, by this cavalier attitude that a

        10       measure can go forward without any

        11       explanation, without any assurances, without

        12       any concrete evidence that in effect there

        13       will be no tax hike as a result.

        14                  I think those who vote for this

        15       measure are very likely to be voting for tax

        16       hikes.  And that, Madam President, is what the

        17       taxpayers of this state can least afford.

        18       That's why I will be voting against this

        19       measure and urge my colleagues to do the same.

        20                  ACTING PRESIDENT SAVINO:    Senator

        21       Nozzolio to be recorded in the negative.

        22                  Are there any other Senators

        23       wishing to be heard on the bill?

        24                  Senator Padavan.

        25                  SENATOR PADAVAN:    Thank you,



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         1       Madam President.  Would Senator Kruger yield

         2       to a question, please?

         3                  ACTING PRESIDENT SAVINO:    Senator

         4       Kruger, will you yield to Senator Padavan?

         5                  SENATOR CARL KRUGER:    Certainly,

         6       Madam President.

         7                  ACTING PRESIDENT SAVINO:    Senator

         8       Kruger yields.

         9                  SENATOR PADAVAN:    Senator Kruger,

        10       last week during your dialogue with Senator

        11       DeFrancisco the issue came up relevant to

        12       targets that we could deal with as

        13       committees -- or in any fashion that's

        14       appropriate -- and he asked you whether or not

        15       these targets would be available.

        16                  And I'd like to share with you your

        17       response.  You said:  "Yes, there are targets.

        18       Those targets will be discussed tomorrow at

        19       the five-way meeting.  And with the leadership

        20       agreeing, the next step hopefully is the

        21       process to begin conference committees."

        22                  My question therefore, Senator, is

        23       the five leaders met, there were discussions.

        24       Are conference committees about to meet?

        25                  SENATOR CARL KRUGER:    Through



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         1       you, Madam President.  Firstly, I appreciate

         2       you refreshing my memory, Senator Padavan.

         3                  SENATOR PADAVAN:    My pleasure.

         4                  SENATOR CARL KRUGER:    Secondly,

         5       at that five-way leaders' meeting the

         6       representation that was made in terms of the

         7       scorecard, as outlined by Senator Skelos, was

         8       representations that were made by the

         9       Governor, not by this majority.

        10                  And secondly, the process that's

        11       going forward, these bills are Governor's

        12       bills.  The Governor is driving these bills

        13       and this agenda.  And I remain optimistic that

        14       as we go forward, conference committees will

        15       become part of the final budget process.

        16                  SENATOR PADAVAN:    Madam

        17       President, will the Senator yield again?

        18                  ACTING PRESIDENT SAVINO:    Senator

        19       Kruger, do you continue to yield?

        20                  SENATOR CARL KRUGER:    Yes, I do.

        21                  SENATOR PADAVAN:    I'm delighted

        22       that we're optimistic.  But as we've heard

        23       earlier, we're at 40 percent of the budget.

        24       It seems to me that critical mass has long

        25       since passed us.  Do you recall that phrase,



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         1       "critical mass"?

         2                  SENATOR CARL KRUGER:    I recall

         3       the radar --

         4                  SENATOR PADAVAN:    And you also

         5       recall the radar screen.

         6                  SENATOR CARL KRUGER:    Right.

         7                  SENATOR PADAVAN:    So the radar

         8       screen and the critical mass is behind us.

         9       Now, last week, hope springing in the hearts

        10       of men, you said we'd have conference

        11       committees or you thought we would.  And here

        12       we are a week later.  Now, I would say, you

        13       know, optimistic as we might wish to be, I

        14       think we've reached a certain point here where

        15       optimism has to give way to reality, and that

        16       reality is that we get together and start

        17       analyzing this budgeting in an appropriate

        18       way, so that the questions that were asked by

        19       Senator DeFrancisco would no longer be

        20       applicable.  We'd know how we got where we're

        21       at.

        22                  And I realize these are not your

        23       proposals before us, they are the Governor's.

        24       We understand that.  But we have a

        25       responsibility.  And I don't believe we're



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         1       discharging it properly by not doing the

         2       things we're supposed to be doing, by law.

         3       Not by desire, not by inclination, but by law.

         4       Do you agree with me, Senator?

         5                  SENATOR CARL KRUGER:    Do you have

         6       a question?

         7                  SENATOR PADAVAN:    Yeah, do you

         8       agree with me?  That's my question.

         9                  SENATOR CARL KRUGER:    No, I don't

        10       agree with you.  Thank you.

        11                  Thank you, Madam President.

        12                  ACTING PRESIDENT SAVINO:    Are

        13       there any other Senators wishing to be heard

        14       on the bill?

        15                  Seeing none, debate is closed.

        16                  The Secretary will please ring the

        17       bells.  I ask all members to return to the

        18       chamber as expeditiously as possible.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 20.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT SAVINO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT SAVINO:



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         1       Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 761 are

         4       Senators Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         6       Lanza, Larkin, LaValle, Leibell, Libous,

         7       Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Padavan, Ranzenhofer, Robach,

         9       Saland, Skelos, Volker, Winner and Young.

        10                  Absent from voting:  Senator

        11       Seward.

        12                  Ayes, 32.  Nays, 26.

        13                  ACTING PRESIDENT SAVINO:    The

        14       bill is passed.

        15                  The Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       762, by the Senate Committee on Rules, Senate

        18       Print 8090, an act to amend the Public Health

        19       Law and others.

        20                  ACTING PRESIDENT SAVINO:    Senator

        21       Libous, why do you rise?

        22                  SENATOR LIBOUS:    Thank you, Madam

        23       President.

        24                  I believe there are two amendments

        25       at the desk by Senator Hannon.  I'd ask that



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         1       you please waive the first one's reading and

         2       call on Senator Hannon.

         3                  ACTING PRESIDENT SAVINO:    Senator

         4       Libous, there is an amendment here at the

         5       desk.  Without objection, the reading is

         6       waived and Senator Hannon may speak on his

         7       amendment.

         8                  SENATOR HANNON:    Thank you, Madam

         9       President.

        10                  New York State, because of

        11       Medicaid, is facing unprecedented budget gaps

        12       in the next two years, for this budget year

        13       and for next year.  And there needs to be

        14       unprecedented addressing of the problem that

        15       Medicaid has.

        16                  A program that has afforded so many

        17       quality healthcare has to be, at a time when

        18       we have less money, intelligently pruned,

        19       intelligently managed, changed to a system

        20       that is a health system instead of something

        21       that is simply a bill-paying system.  And

        22       that's all we have right now.

        23                  We have offered some amendments

        24       that will increase the savings from that

        25       system, and we will offer in part of those



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         1       amendments things that will address problems

         2       that are now in the main bill that I think are

         3       counterproductive, that are unwise, and will

         4       actually drive up the cost of Medicaid to the

         5       taxpayers of this state.

         6                  As part of our amendments we want

         7       to close the eligibility loopholes for certain

         8       services, we want to cap personal-care

         9       services, we want to reinstate some of the

        10       expansions of eligibility that were done just

        11       last year -- not talking about things done in

        12       the past decade, prior administrations, prior

        13       majorities -- just done last year, something

        14       we had a hand in.

        15                  We'd also want to do that in regard

        16       to postponing the expansion of Family Health

        17       Plus enrollment to well beyond any benefit

        18       that is offered to anyone in any other state.

        19                  We want to remove the readmission

        20       provision that's in the main bill.  We want to

        21       evaluate the optional services and see what

        22       the priorities are of what's the most

        23       essential at a time of need.  We want to

        24       establish the long-term-care financing demo

        25       program, because the long-term-care program in



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         1       this state is a hodgepodge of different

         2       programs put together, no rhyme and reason in

         3       meshing them together, no rhyme and reason in

         4       meshing the care for the patient, no vision as

         5       to where we're going -- all at a time when

         6       next January the number of baby boomers

         7       turning 65 in this nation will be about 10,000

         8       a month.

         9                  We want to establish a county

        10       nursing home demo program to convert county

        11       nursing homes into long-term-care settings.

        12       We want to deal with the assisted living

        13       reimbursement rate.  We want to deal with

        14       rightsizing the nursing homes.  We want to up

        15       the reimbursement for buy-ins to Family Health

        16       Plus.  And we want to take the penalties that

        17       are levied on individuals for Medicaid fraud

        18       and increase those.

        19                  This is a very extensive and I

        20       think comprehensive agenda, unlike the bill

        21       before us, which deals in a piecemeal way with

        22       so many of the budget problems, so many of the

        23       Medicaid programs.  You don't know the full

        24       range of options when you're dealing with the

        25       healthcare budget in this fashion.



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         1                  Senator Kruger talked about

         2       40 percent of the total budget being addressed

         3       tonight, between the appropriation bill and

         4       the Article 7 bill.  It's absolutely

         5       unprecedented that we have played touch

         6       football with this budget.  We've abandoned

         7       the conference committees that's our immediate

         8       history in 2007.  And every week we seem to

         9       have a new procedure -- you'll get a

        10       scorecard, you'll get some type of conference

        11       committees in the future.  Meanwhile, we're

        12       locking people in without knowing the options.

        13                  This bill does not make the

        14       healthcare system go forward.  It doesn't give

        15       any opportunities for us to shape what's

        16       happening.  And there's one provision in

        17       particular that I think is particularly

        18       unwise.  There is a penalty given for

        19       readmissions of a patient to a hospital.  Now,

        20       some people may say the federal government's

        21       doing that.  Well, they are, for three

        22       conditions:  Heart attack, heart failure, and

        23       pneumonia.

        24                  The bill before us would do it for

        25       all conditions, and it would say that the



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         1       hospitals really have to change their mission.

         2       Right now their mission to the patient ends

         3       when the patient is discharged.  If we now say

         4       15 and 30 days out that they have to keep

         5       track of those patients and they'll be

         6       responsible for not getting paid if there's a

         7       readmission of those patients to the

         8       hospitals, then they're going to have to add

         9       staff, they're going to have to add computers,

        10       they're going to have to add databases they

        11       have to track.  They have to make arrangements

        12       with everybody in their area -- arrangements

        13       that do not exist -- because they don't know

        14       if somebody who has been in their hospital is

        15       within a month in another hospital.  So that

        16       doesn't exist whatsoever.

        17                  All of this, by the terms of the

        18       bill, is supposed to be implemented by

        19       July 2010.  It's ridiculous.  And what's more

        20       ridiculous is not you who want to vote for

        21       this because you feel a gun is to your head,

        22       it is the Division of the Budget and the

        23       Governor who are saying we want to make these

        24       policies with these enormous changes as to

        25       what's going to happen in a hospital, who's



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         1       going to have to pay for that, we want to do

         2       that as part of the budget process.

         3                  That's wrong.  It's not good

         4       health, it's not good planning, it's not good

         5       budgeting, and we should not be doing it.

         6                  We have also pending right now

         7       what's known as Kendra's Law, how we treat the

         8       mentally ill and whether we can go through a

         9       procedure to make sure that they have drugs,

        10       the psychotropic drugs that help the mentally

        11       ill.

        12                  Well, the bill says, you know, you

        13       don't have to deal with the behavioral health

        14       readmissions.  But we don't know when that is

        15       going to take place.  Suppose it only occurs

        16       after they're discharged?  We don't know the

        17       full scope of it.  Many of the times the

        18       readmissions -- as we know, this is a

        19       difficult and fragile population; they may be

        20       readmitted for something else.  This bill

        21       leaves all of that undefined, unsketched out.

        22                  The last part is why do we start to

        23       start to fine the hospitals when we may not

        24       have people who pay attention to their

        25       discharge requirements and instructions?



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         1                  This whole process is wrong.  We

         2       need to change the Medicaid system.  We need

         3       to make sure that it becomes a healthcare

         4       system.  This bill doesn't do it.  You're

         5       purporting to address the entire healthcare

         6       bill in this emergency extender.

         7                  It doesn't have to be done this

         8       way.  If you had had the conference

         9       committees, you could have had this discussion

        10       in public.  You could have had it argued in

        11       public.  If you don't agree with this

        12       amendment, you could have said it there.

        13       That's what democracy is all about, to have a

        14       public process, and you're not doing it.  And

        15       it makes me mad because we have an opportunity

        16       to deliver better health for the people of

        17       New York.

        18                  I would offer this amendment, and I

        19       would suggest that everybody should support

        20       it.

        21                  ACTING PRESIDENT SAVINO:    Are

        22       there any other Senators who wish to be heard

        23       on the amendment?

        24                  Seeing none, the question is on the

        25       nonsponsor motion to amend Calendar Number



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         1       762.  Those Senators voting in support of the

         2       nonsponsor amendment please signify by raising

         3       your hand.

         4                  Announce the results.

         5                  THE SECRETARY:    Ayes, 26.  Nays,

         6       32.

         7                  ACTING PRESIDENT SAVINO:    The

         8       motion fails.

         9                  Senator Libous.

        10                  SENATOR LIBOUS:    Madam President,

        11       I believe there's another amendment by Senator

        12       Hannon at the desk.  I ask that you waive its

        13       reading and please call on Senator Hannon to

        14       explain his amendment.

        15                  ACTING PRESIDENT SAVINO:    Senator

        16       Libous, there is an amendment at the desk.

        17       Without objection, the reading is waived and

        18       Senator Hannon may speak on the amendment.

        19                  SENATOR HANNON:    Thank you, Madam

        20       President.

        21                  I want to offer an amendment to the

        22       Article 7 bill which would deal just with the

        23       expansion of procedural eligibility to

        24       Medicaid that we enacted in last year's

        25       budget.  We would reinstate the asset resource



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         1       test.  We would reinstate face-to-face

         2       interviews for eligibility and

         3       recertification.  And we would reinstate the

         4       finger-imaging requirements that were

         5       eliminated.

         6                  The savings to the state alone

         7       would be $34 million.  The gross savings for

         8       all people contributing -- the federal

         9       government and state and local -- would be

        10       $89 million.  It's a targeted amendment.  I

        11       move its adoption.

        12                  ACTING PRESIDENT SAVINO:    Are

        13       there any other Senators wishing to be heard

        14       on the amendment?

        15                  Seeing none, the question is on the

        16       nonsponsor motion to amend Calendar Number

        17       762.  Those Senators voting in support of the

        18       nonsponsor amendment please signify by raising

        19       your hands.

        20                  Announce the results.

        21                  THE SECRETARY:    Ayes, 26.  Nays,

        22       32.

        23                  ACTING PRESIDENT SAVINO:    The

        24       motion fails.

        25                  We now return to the bill in chief.



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         1       The bill is before the house.

         2                  Are there any Senators wishing to

         3       be heard on the bill?

         4                  Senator Skelos.

         5                  SENATOR SKELOS:    Madam President,

         6       again, this extender and the previous

         7       extenders that we've witnessed come before

         8       this chamber again have been negotiated in

         9       secret by the Governor, the Senate Democrats

        10       and the Assembly Democrats.  It's obvious that

        11       there were negotiations, secretive

        12       negotiations over the weekend, because the

        13       extender bill has been dramatically changed

        14       from what Budget Director Megna indicated that

        15       it would be this past Friday.

        16                  Now, the extender, as has been

        17       pointed out by Senator Hannon, really does not

        18       go far enough in reforming and reducing

        19       Medicaid spending.  And it includes no

        20       provision -- in fact, every Democrat just

        21       voted against the proposed amendment that

        22       would really help crack down on Medicaid fraud

        23       and said I'm not going to vote for it.

        24                  The Governor and the Senate

        25       Democrats and the Assembly Democrats have



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         1       increasing the reestimation of Medicaid fraud

         2       by another $300 million.  Now, certainly we

         3       believe and it's been the position of this

         4       minority Republican conference that there are

         5       billions that can be obtained through going

         6       after Medicaid fraud.  The latest figures show

         7       and today we've recommended where you could

         8       save approximately $400 million through the

         9       amendment that was also defeated.

        10                  What's frightening is that state

        11       spending, as was indicated by Senator

        12       DeFrancisco, this April will be 4 percent

        13       higher than last April.  That's $400 million

        14       more, almost all of it due to an increase in

        15       Medicaid spending.  And the danger is -- and

        16       many will say that, well, it's federal money.

        17       That federal money disappears next year.  So

        18       the Democrats, you're already digging a hole

        19       into next year's budget.

        20                  Senator Kruger indicated that with

        21       the extender we are spending about 40 percent

        22       of our entire state budget.  I guess the

        23       question I would have to ask would be how does

        24       Senator Kruger even know it's 40 percent when

        25       he has not indicated what the total spending



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         1       or fiscal plan will be in this budget.

         2                  So again, we have offered

         3       responsible amendments of over $400 million to

         4       truly reform and start the restructuring that

         5       is necessary within the Medicaid system.

         6                  Again, I want to reemphasize that

         7       at the last five-way leaders' meeting it was

         8       agreed upon that Assemblyman Kolb and myself,

         9       our respective conferences would get the

        10       scoring or the marking, whatever you want to

        11       call it, as to the resolutions that were

        12       passed by the Democrat majorities and also a

        13       scoring of what had been agreed upon between

        14       the two majorities.

        15                  And of course that commitment has

        16       not been met, just like the Budget Reform Act

        17       of 2007 is being violated on a daily basis by

        18       both Assembly and Senate Democrats.

        19                  And I'm shocked by this because the

        20       great reformers, some of them not in the

        21       chamber right now, that were going to reform

        22       the way things were operating in Albany quite

        23       frankly is an embarrassment.  You're

        24       embarrassing the public, and the dysfunction

        25       in Albany has only gotten worse.



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         1                  So I would urge, again, the Senate

         2       Democrats, rather than just saying "We want to

         3       do it," do it.  Let's start the joint

         4       conference committees, get the Speaker on

         5       board, let's start the negotiations, and this

         6       budget could be completed very quickly.

         7                  ACTING PRESIDENT SAVINO:    Senator

         8       Skelos will be recorded in the negative.

         9                  Senator Diaz, on the bill.

        10                  SENATOR DIAZ:    Thank you, Madam

        11       President.

        12                  Today is the number-ten extension

        13       bill that we are doing.  The first week, the

        14       first week, the first extension we did, we

        15       voted thinking that we cannot shut the

        16       government.  There was panicking.  It was

        17       never heard of -- how could we shut the

        18       government?  People will suffer.  Who's going

        19       to do that?  Shut the government?  You've got

        20       to vote for these cuts, you've got to vote for

        21       these extensions or you're going to shut the

        22       government.

        23                  So the first week we did it, I did

        24       it thinking that maybe by next week we will

        25       get a budget done.  The second week came, and



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         1       there was again, You're going to shut the

         2       government?  You can't do that.  You're a

         3       Democrat.  You've got to support your party.

         4       You've got to support your conference.  You've

         5       got to support your leader.  You can't shut

         6       the government.  So I voted again.

         7                  The third week came, here we go

         8       again.  You cannot shut the government.

         9       That's -- people are going to suffer.

        10                  So I have been voting for 10 weeks,

        11       praying, Madam President and ladies and

        12       gentlemen, praying that let's vote today,

        13       every week, maybe by next week we will solve

        14       the problem of the budget.  But meanwhile, I

        15       keep voting against my conscience, against

        16       what I feel, against what I would like to do,

        17       cutting services, cutting money to people that

        18       I'm supposed to be helping.  Thinking that we

        19       are going to get a budget.

        20                  But nothing's done with the budget.

        21       There is no move, there is nothing happening.

        22       And every week, 10 weeks, 10 weeks, 10 weeks:

        23       You cannot shut the government.  People will

        24       suffer.

        25                  And let me tell you what we're



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         1       doing today.  I have no hospitals in my

         2       district.  There isn't a hospital in my

         3       district, there is not one.  So I'm safe,

         4       praise God.  There is no hospital.

         5                  But the people that I represent,

         6       Madam President, the people that I represent

         7       in my district, they go to all different

         8       hospitals in the Bronx.  And today, Lincoln

         9       Hospital will be affected by $3 million.

        10       Bronx-Lebanon Hospital, $9 million.

        11       Montefiore Hospital, $10 million.  North

        12       Central Bronx Hospital, $1 million.  St.

        13       Barnabas Hospital, $6 million.  Calvary

        14       Hospital, $346,000.  Jacobi Medical Center,

        15       $2 million.  Montefiore Hospital, $13 million.

        16       And so on and so on.

        17                  And then we have said, You voted

        18       for this, you have to vote for this or you

        19       will shut the government.  Ten weeks.  Ten

        20       weeks.

        21                  I'm going to vote for this today.

        22       I'm voting for this one today.  But I want

        23       you, Madam President, to know that something

        24       has to be done from here till next Monday,

        25       because I am afraid, I am afraid that



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         1       government will get shut down next week.

         2       Because I'm not planning to vote for any more

         3       extensions.  Either we fix the budget from

         4       here to Monday or the Governor will get what

         5       he wants, the Governor will get what he wants,

         6       to shut the government.

         7                  So I'm voting -- my heart is

         8       broken.  I'm voting for this today.  Painful.

         9       Because we don't want to shut the government.

        10       How could we do that?  Ten weeks.  So

        11       tonight -- and people could go to my office

        12       and picket, demonstrate in front of my office.

        13       The editorial boards could write whatever they

        14       want about me.  You could say whatever you

        15       want to say about me.  I am not voting no more

        16       to cut and to hurt the people that I'm

        17       supposed to be helping.  This is the last one.

        18                  Monday coming, I'm putting -- I'm

        19       saying it publicly, I'm telling the whole

        20       world, I'm telling my district and the people

        21       in my community, I am in an election year, you

        22       could kick me out, you could vote for my

        23       opponent.  I'm not voting, no more.

        24                  So you got my vote today, Madam

        25       President.  And people are going to get hurt



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         1       and cuts are going to be done and health is

         2       going to be suffering.  Close to a billion

         3       dollars cut in health.

         4                  So I hope that from here to Monday

         5       the budget gets solved and we do something.

         6       Because again, and I'm going to repeat myself

         7       again, I'm very, very afraid that Monday

         8       government will get shut down unless something

         9       extraordinary, very extraordinary happens.

        10                  So I'm voting yes tonight.

        11                  ACTING PRESIDENT SAVINO:    Senator

        12       Diaz will be recorded in the affirmative.

        13                  Are there any other Senators

        14       wishing to be heard on the bill?

        15                  Seeing none, the debate is closed.

        16       The Secretary will ring the bells.  We ask all

        17       members to return to the chamber so that we

        18       can vote on the bill.

        19                  Read the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT SAVINO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT SAVINO:



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         1       Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 762 are

         4       Senators Bonacic, DeFrancisco, Farley,

         5       Flanagan, Fuschillo, Golden, Griffo, Hannon,

         6       Lanza, Larkin, LaValle, Leibell, Libous,

         7       Little, Marcellino, Maziarz, McDonald,

         8       Nozzolio, Padavan, Ranzenhofer, Robach,

         9       Saland, Seward, Skelos, Volker, Winner and

        10       Young.

        11                  Ayes, 32.  Nays, 27.

        12                  ACTING PRESIDENT SAVINO:    The

        13       bill is passed.

        14                  Senator Klein, that completes the

        15       reading of the controversial supplemental

        16       calendar.

        17                  SENATOR LIBOUS:    Madam President,

        18       is there any further business at the desk?

        19                  ACTING PRESIDENT SAVINO:    No,

        20       Senator Klein, there is not.

        21                  SENATOR KLEIN:    There being no

        22       further business, Madam President, I move that

        23       we adjourn until Tuesday, June 8th, at

        24       3:00 p.m.

        25                  ACTING PRESIDENT SAVINO:    There



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         1       being no further business to come before the

         2       Senate, on motion, the Senate stands adjourned

         3       until Tuesday, June 8th, at 3:00 p.m.

         4                  (Whereupon, at 8:30 p.m., the

         5       Senate adjourned.)

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