Regular Session - June 9, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4

         5                THE STENOGRAPHIC RECORD

         6

         7

         8

         9

        10                   ALBANY, NEW YORK

        11                     June 9, 2010

        12                       3:53 p.m.

        13

        14

        15                    REGULAR SESSION

        16

        17

        18

        19  SENATOR DAVID J. VALESKY, 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 VALESKY:    The

         3       Senate will please come to order.

         4                  I ask everyone to please rise and

         5       recite with me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT VALESKY:    The

         9       Reverend Peter G. Young, of Mother Teresa

        10       Community here in Albany, is with us this

        11       afternoon to offer an invocation.

        12                  Father?

        13                  REVEREND YOUNG:    Thank you,

        14       Senator.

        15                  Let us pray.  Today we host our

        16       guests from India, from the home area of

        17       Gandhi, and he was a leader of hope and mercy.

        18       We need examples too, in our financially

        19       difficult times, so our Senators can be agents

        20       of mercy.

        21                  We can remember instances when we

        22       needed a little mercy.  Maybe we needed an

        23       extension on a project.  Maybe we needed a

        24       loan.  Maybe, as is often the case, we needed

        25       forgiveness from someone whom we had hurt.



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         1       Remember the sigh of relief when we received

         2       the mercy that was granted and the grief and

         3       disappointment when we had mercy denied.

         4                  O merciful God, You give us what we

         5       need and constantly forgive us.  Now grant us

         6       the will to be gracious and generous in mercy

         7       toward all of our citizens in New York State.

         8       May we be known as Senators of mercy and of

         9       forgiveness.

        10                  Amen.

        11                  ACTING PRESIDENT VALESKY:    The

        12       reading of the Journal.

        13                  The Secretary will read.

        14                  THE SECRETARY:    In Senate,

        15       Tuesday, June 8, 2010, the Senate met pursuant

        16       to adjournment.  The Journal of Monday,

        17       June 7, 2010, was read and approved.  On

        18       motion, Senate adjourned.

        19                  ACTING PRESIDENT VALESKY:

        20       Without objection, the Journal stands approved

        21       as 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:    Mr. President, I

         7       believe there are substitutions at the desk.

         8       I ask that we make these substitutions at this

         9       time.

        10                  ACTING PRESIDENT VALESKY:    The

        11       Secretary will proceed with the reading of the

        12       substitutions.

        13                  THE SECRETARY:    Page number 36,

        14       Senator Griffo moves to discharge, from the

        15       Committee on Codes, Assembly Bill Number 1067A

        16       and substitute it for the identical Senate

        17       Bill Number 1989A, Third Reading Calendar 494.

        18                  Page number 41, Senator Sampson

        19       moves to discharge, from the Committee on

        20       Housing, Construction and Community

        21       Development, Assembly Bill Number 10226 and

        22       substitute it for the identical Senate Bill

        23       Number 7139, Third Reading Calendar 606.

        24                  Page number 51, Senator Oppenheimer

        25       moves to discharge, from the Committee on



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         1       Local Government, Assembly Bill Number 10869

         2       and substitute it for the identical Senate

         3       Bill Number 7677, Third Reading Calendar 738.

         4                  Page number 52, Senator Parker

         5       moves to discharge, from the Committee on

         6       Veterans, Homeland Security and Military

         7       Affairs, Assembly Bill Number 520 and

         8       substitute it for the identical Senate Bill

         9       Number 5926, Third Reading Calendar 743.

        10                  ACTING PRESIDENT VALESKY:

        11       Substitutions ordered.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, at

        14       this time I wish to recall Senate Resolution

        15       Number 4106, by Senator DeFrancisco, which was

        16       unanimously adopted on March 9th.  I ask that

        17       the title of the resolution be read and allow

        18       Senator DeFrancisco to speak on his

        19       resolution.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will place the resolution before the

        22       house.

        23                  THE SECRETARY:    By Senator

        24       DeFrancisco, Legislative Resolution 4106,

        25       honoring the Baldwinsville Marching Band upon



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         1       the occasion of capturing the New York State

         2       Field Band Competition Championship.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator DeFrancisco, on the resolution.

         5                  SENATOR DeFRANCISCO:    Yes, I have

         6       this lovely group, this wonderful group up

         7       here from my district, the Baldwinsville

         8       Marching Band, the New York State champions,

         9       all of whom are excellent students as well.

        10       They certified that to me earlier.  And

        11       especially the creme de la creme are the

        12       saxophone players in this group, the woodwind

        13       players, because we have a bond.

        14                  But in all seriousness, it's a

        15       wonderful accomplishment to win a state

        16       championship, and especially in such an area

        17       as a band competition, because that takes real

        18       teamwork and hours upon hours of practice to

        19       make it sound right.

        20                  And I really commend all of you,

        21       and I hope that you enjoyed your day in

        22       Albany.  We haven't read the resolution

        23       because of the hour.  However, each of you

        24       will receive a copy of the resolution and you

        25       can read it in your idle time after you read



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         1       extra materials rather than your schoolwork.

         2       And then you will be getting a double win from

         3       this visit here today.

         4                  So congratulations and have a great

         5       rest of the year and a great future.

         6                  Thank you.

         7                  ACTING PRESIDENT VALESKY:    Thank

         8       you, Senator DeFrancisco.

         9                  The resolution was previously

        10       adopted.

        11                  Congratulations to the New York

        12       State champion Baldwinsville Bees Marching

        13       Band.

        14                  (Applause.)

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Klein.

        17                  SENATOR KLEIN:    Mr. President,

        18       can you please recognize Senator Ruth

        19       Hassell-Thompson for an announcement.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Hassell-Thompson.

        22                  SENATOR HASSELL-THOMPSON:    Thank

        23       you, Mr. President.

        24                  I rise to ask my colleagues to

        25       welcome to the chambers of the New York State



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         1       Senate the Ohio Youth Civic Leadership

         2       Academy, who are here with us from Canton,

         3       Ohio, and who are here with teachers and

         4       leaders from the NAACP and other

         5       organizations.  They have been shadowing

         6       members of the Senate today.

         7                  And I would like to invite them and

         8       their leaders to just stand and be recognized.

         9       Some of our students -- please forgive me, and

        10       don't laugh if I mispronounce a student's

        11       name -- Sommer Brobst, Dalila Carter, Natalie

        12       Cheatwood, Mercedes Conethan, Andrea Dunn,

        13       Chantel Faulkner, Xavier Gibson, Pertrice

        14       Ingram, Darijah McCollum, Janay McCullough,

        15       Dashe Long, Ray Long, Jheri Morgan, Mikayla

        16       Morgan, Makayla Richards, Miles Smith, Jr.,

        17       Shaquille Woods, Aaliyah Young, and Tyrique

        18       Key.  These are our students that are

        19       visitings us today.

        20                  And I would like to offer the

        21       opportunity possible to Senator Adams, who

        22       cosponsored this shadow activity with me

        23       today, to also add to the welcome to our

        24       students.

        25                  And thank them and their leadership



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         1       for coming and for being with us and for

         2       shadowing and watching the way in which the

         3       New York State Senate is in operation.  And

         4       welcome again.

         5                  ACTING PRESIDENT VALESKY:    Thank

         6       you, Senator Hassell-Thompson.

         7                  Senator Adams.

         8                  SENATOR ADAMS:    Senator Breslin

         9       is going through the role of being Senator

        10       Adams today, so I'm sitting next to him.

        11                  You know, I want to thank Mark

        12       Favors.  He's up on top.  This is a great

        13       program that he's putting together of these

        14       young, intelligent, energetic young people who

        15       are adorning our Senate chamber today.  And

        16       they traveled from Ohio to see how the process

        17       operates and see how our seat of government

        18       actually goes about carrying out laws.

        19                  And when you sit down and you speak

        20       with them and you talk with them, there is a

        21       question mark that lingers over, you know,

        22       what our future looks like; you know, what is

        23       going to happen to our tomorrows.  There's a

        24       question mark over what the country will be in

        25       the future.  There's a question mark over some



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         1       of the ills that impact our society.

         2                  And when you talk to them, the

         3       question of how will we be turns into an

         4       exclamation point of saying we will be fine,

         5       because they understand what is needed in our

         6       country to make sure they move this country

         7       forward.

         8                  The winds of change have never been

         9       blown by adults, it has all been blown by

        10       young people.  They've always had the lung

        11       capacity to blow the country in a direction

        12       that they would like it to go in.  And it

        13       doesn't matter of their ethnicity, it doesn't

        14       matter of their religious belief, their

        15       genders.  It's all about making sure they have

        16       the opportunity to go beyond what's in front

        17       of them.

        18                  I tell them all the time, don't

        19       embody the anti-Christopher Columbus theory,

        20       believing if you leave your block, if you

        21       leave your neighborhood, if you leave Ohio,

        22       you're going to fall off some philosophical

        23       globe.  You're not.  The world is round.

        24       Their hopes should be round.  They're

        25       competing with people all across the globe.



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         1       It's not only about Brooklyn, but it's about

         2       Belgium.  It's not about merely

         3       Bedford-Stuyvesant, it's about Budapest.

         4                  This is our global future.

         5       American students and young people shape the

         6       globe.  The way America goes, so goes the

         7       globe.  And so something as simple as putting

         8       the belt on your pants to treating each other

         9       with respect -- if our young people can't

        10       navigate the belt loops on their pants, they

        11       can never navigate corporate America.  If they

        12       can't be kind to each other, then they won't

        13       be kind to their neighbors.

        14                  And when you speak to those young

        15       people who have visited us today, you get the

        16       inspiration that no matter how challenging

        17       things may be, they understand the challenges

        18       before them.  And like many young people that

        19       came before them, they are going to stand up

        20       to the challenge.

        21                  And I wish them the best.  I thank

        22       them for coming here.  We learn more from you

        23       than you do from us when you visit us and have

        24       a one-on-one engagement.  Sometimes, because

        25       we in this room are 62 men and women, we often



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         1       forget the very real issues we're there for.

         2       And so when you visit us, it helps us to stay

         3       focused, it helps us to stay grounded and

         4       understand what are our responsibilities and

         5       obligations.

         6                  Mr. Favors, I really appreciate

         7       what you do.  He does this on his own.  He

         8       volunteers to take these young people, he and

         9       his team, they volunteer to take those young

        10       people here to Albany.  God knows no one comes

        11       to Albany unless they have to.  And the mere

        12       fact that you do this with your own money,

        13       your own proceeds.

        14                  There's no excuse for failure.

        15       Yes, the budget is bad.  Yes, we have to do

        16       cuts.  Yes, we don't have all the revenue that

        17       we would like.  But you know what?  It has

        18       been bad before.  We've come out of the bowels

        19       of depression.  We've come out of the bowels

        20       of economic turmoil.  We've come out of the

        21       bowels of slavery.  We've come out of the

        22       bowels of all these things.  Our young people

        23       need to know no matter how bad the conditions

        24       are, you can't be bad on yourself.

        25                  And, Mr. Favors, you're the spirit



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         1       of what's great about this country, of giving

         2       back and contributing back to our young

         3       people.  People talk the talk; you walk the

         4       walk.  And we are proud to be a member of the

         5       greatest race alive, and that's the human

         6       race.

         7                  And we thank you, Mr. Favors, and

         8       we thank the young people that have come into

         9       the chambers today.

        10                  (Applause.)

        11                  ACTING PRESIDENT VALESKY:    Thank

        12       you, Senator Adams.

        13                  Senator Marcellino.

        14                  SENATOR MARCELLINO:    Thank you,

        15       Mr. President.

        16                  I'd just like to thank Senator

        17       DeFrancisco, Senator Hassell-Thompson, and

        18       Senator Adams for bringing to this chamber

        19       young people of positive accomplishments.  Too

        20       often we read in the papers, we listen to on

        21       the radio, we see in the electronic media

        22       young people in a negative picture, in a

        23       negative impulse.

        24                  We have young people as our interns

        25       and staff around this chamber.  We don't see



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         1       that very much, we don't see that broadcast.

         2       All we read about is young people when they

         3       get into serious trouble, when they do

         4       something wrong.  That seems to be the

         5       preponderance of the media coverage of the

         6       youth of our nation and the youth of the

         7       world.

         8                  And I think what we've done today,

         9       thanks to the Senators who have brought these

        10       young people here today, is show that there is

        11       another side.  And for those people who have a

        12       tendency to get down on the younger generation

        13       and say, "Oh, my God, what's the world coming

        14       to," well, we've just got to look up in the

        15       chamber and up in the galleries today, because

        16       we see a very positive picture.  And the

        17       future is a good one, and the future is a

        18       bright one.

        19                  And Senator Adams, yeah, we may

        20       have a miserable budget and we may have some

        21       rotten times ahead for a while, but you're

        22       perfectly correct.  This country, this state,

        23       this area has gone through bad times before.

        24       We will come out of it, and we will do very

        25       well.  And it will be thanks to people like



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         1       the ones we're celebrating this afternoon.

         2                  Thank you very much for bringing

         3       these young people to our attention and to the

         4       nation's attention.  Thank you.

         5                  (Applause.)

         6                  ACTING PRESIDENT VALESKY:    Thank

         7       you, Senator Marcellino.

         8                  A very special welcome to our

         9       guests from Canton, Ohio.  We hope you enjoy

        10       your visit to the New York State Capitol.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, I

        13       believe Senator Sampson has another resolution

        14       at the desk.  I ask that the title of the

        15       resolution be read and move for its immediate

        16       adoption.

        17                  ACTING PRESIDENT VALESKY:

        18       Senator Klein, has this resolution been deemed

        19       privileged and submitted by the office of the

        20       Temporary President?

        21                  SENATOR KLEIN:    Yes, it has,

        22       Mr. President.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will read.

        25                  THE SECRETARY:    By Senator



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         1       Sampson, legislative resolution commending the

         2       West Indian American Day Carnival Association

         3       upon the occasion of hosting its 2010

         4       celebration of "Carnival:  A West Indian

         5       Experience -- People, Culture, Music."

         6                  ACTING PRESIDENT VALESKY:    All

         7       those in favor please signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT VALESKY:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT VALESKY:    The

        13       resolution is adopted.

        14                  Senator Sampson is opening the

        15       resolution to cosponsorship.  Any Senator

        16       wishing not to cosponsor the resolution should

        17       notify the desk.

        18                  Senator Klein.

        19                  SENATOR KLEIN:    Mr. President, I

        20       believe there's a resolution at the desk by

        21       Senator Smith.  I ask that the title of the

        22       resolution be read and move for its immediate

        23       adoption.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Klein, has this resolution been



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         1       privileged and submitted by the office of the

         2       Temporary President?

         3                  SENATOR KLEIN:    Yes, it has,

         4       Mr. President.

         5                  ACTING PRESIDENT VALESKY:    The

         6       Secretary will read.

         7                  THE SECRETARY:    By Senator Smith,

         8       legislative resolution honoring Principal

         9       Ericka K. Wala upon the occasion of her

        10       designation for special recognition by

        11       Peninsula Preparatory Academy at its 2010

        12       Unsung Heroes Awards Banquet.

        13                  ACTING PRESIDENT VALESKY:    All

        14       those in favor of adopting the resolution

        15       signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT VALESKY:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT VALESKY:    The

        21       resolution is adopted.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Mr. President, I

        24       believe there's a resolution at the desk by

        25       Senator Carl Kruger.  I ask that the title of



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         1       the resolution be read and move for its

         2       immediate adoption.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein, has that resolution been deemed

         5       privileged and submitted by the office of the

         6       Temporary President?

         7                  SENATOR KLEIN:    Yes, it has,

         8       Mr. President.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator C.

        12       Kruger, legislative resolution commending

        13       Monita Buchwald upon the occasion of her

        14       designation by the Metropolitan Council on

        15       Jewish Poverty as the recipient of the Chesed

        16       Award at its 34th Annual Legislative Breakfast

        17       on June 13, 2010.

        18                  ACTING PRESIDENT VALESKY:    All in

        19       favor of adopting the resolution signify by

        20       saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT VALESKY:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT VALESKY:    The



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         1       resolution is adopted.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, I

         4       believe Senator Carl Kruger has another

         5       resolution at the desk.  I ask that the title

         6       of the resolution be read and move for its

         7       immediate adoption.

         8                  ACTING PRESIDENT VALESKY:

         9       Senator Klein, has this resolution been

        10       privileged and submitted by the office of the

        11       Temporary President?

        12                  SENATOR KLEIN:    Yes, it has,

        13       Mr. President.

        14                  ACTING PRESIDENT VALESKY:    The

        15       Secretary will read.

        16                  THE SECRETARY:    By Senator Carl

        17       Kruger, legislative resolution commending

        18       Rabbi Yechezkel Pikus upon the occasion of his

        19       designation by the Metropolitan Council on

        20       Jewish Poverty as the recipient of the Shimon

        21       Zweig Memorial Award at its 34th Annual

        22       Legislative Breakfast on June 13, 2010.

        23                  ACTING PRESIDENT VALESKY:    All in

        24       favor of adopting the resolution signify by

        25       saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT VALESKY:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT VALESKY:    The

         6       resolution is adopted.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, I

         9       believe Senator Breslin has a resolution at

        10       the desk.  I ask that the title of the

        11       resolution be read and move for its immediate

        12       adoption.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Klein, has this resolution been deemed

        15       privileged and submitted by the office of the

        16       Temporary President?

        17                  SENATOR KLEIN:    Yes, it has,

        18       Mr. President.

        19                  ACTING PRESIDENT VALESKY:    The

        20       Secretary will read.

        21                  THE SECRETARY:    By Senators

        22       Breslin and Duane, legislative resolution

        23       commemorating the 40th Anniversary of the

        24       Capital District Gay and Lesbian Community

        25       Council, to be celebrated on Sunday, June 13,



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         1       2010.

         2                  ACTING PRESIDENT VALESKY:    All

         3       those in favor of adopting the resolution

         4       signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT VALESKY:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT VALESKY:    The

        10       resolution is adopted.

        11                  Senator Breslin has asked that the

        12       resolution be opened for cosponsorship.  Any

        13       Senator wishing not to cosponsor this

        14       resolution should notify the desk.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       believe that Senator Dilan has a resolution at

        18       the desk.  I ask that the title of the

        19       resolution be read and move for its immediate

        20       adoption.

        21                  ACTING PRESIDENT VALESKY:

        22       Senator Klein, has this resolution been deemed

        23       privileged and submitted by the office of the

        24       Temporary President?

        25                  SENATOR KLEIN:    Yes, it has,



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         1       Mr. President.

         2                  ACTING PRESIDENT VALESKY:    The

         3       Secretary will read.

         4                  THE SECRETARY:    By Senator Dilan,

         5       legislative resolution recognizing the PSA

         6       Voto Latino 2010 New York Census Project and

         7       the efforts of those who have made a reality.

         8                  ACTING PRESIDENT VALESKY:    The

         9       question is on the resolution.  All in favor

        10       signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT VALESKY:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT VALESKY:    The

        16       resolution is adopted.

        17                  Senator Dilan has offered to open

        18       the resolution to cosponsorship.  Any Senator

        19       wishing not to cosponsor the resolution should

        20       notify the desk.

        21                  Senator Klein.

        22                  SENATOR KLEIN:    Mr. President, I

        23       believe Senator Skelos has a resolution at the

        24       desk.  I ask that the title of the resolution

        25       be read and move for its immediate adoption.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator Klein, has this resolution been deemed

         3       privileged and submitted by the office of the

         4       Temporary President?

         5                  SENATOR KLEIN:    Yes, it has,

         6       Mr. President.

         7                  ACTING PRESIDENT VALESKY:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Skelos, legislative resolution honoring Jolene

        11       Boden upon the occasion of her designation as

        12       recipient of the Leadership Award from Beth

        13       Shalom/Oceanside Jewish Center.

        14                  ACTING PRESIDENT VALESKY:    The

        15       question is on the resolution.  All in favor

        16       signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT VALESKY:

        19       Opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT VALESKY:    The

        22       resolution is adopted.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, I

        25       believe Senator Alesi has a resolution at the



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         1       desk.  I ask that the title of the resolution

         2       be read and move for its immediate adoption.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein, has this resolution been deemed

         5       privileged and submitted by the office of the

         6       Temporary President?

         7                  SENATOR KLEIN:    Yes, it has,

         8       Mr. President.

         9                  ACTING PRESIDENT VALESKY:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator Alesi,

        12       legislative resolution commending Genesee

        13       Valley Club upon the occasion of celebrating

        14       its 125th Anniversary on June 10, 2010.

        15                  SENATOR PADAVAN:    The question is

        16       on the resolution.  All in favor signify by

        17       saying aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT VALESKY:

        20       Opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT VALESKY:    The

        23       resolution is adopted.

        24                  Senator Klein.

        25                  SENATOR KLEIN:    Mr. President, at



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         1       this time I move we adopt the Resolution

         2       Calendar in its entirety, with the exception

         3       of Senate Resolution 5880.

         4                  ACTING PRESIDENT VALESKY:    All in

         5       favor of adopting the Resolution Calendar in

         6       its entirety, with the exception of Resolution

         7       5880, signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT VALESKY:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT VALESKY:    The

        13       Resolution Calendar is adopted.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, I

        16       move that we take up Senate Resolution 5880,

        17       by Senator Stavisky.  I ask that the title of

        18       the resolution be read and move for its

        19       immediate adoption.

        20                  ACTING PRESIDENT VALESKY:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Stavisky, Legislative Resolution 5880,

        24       commemorating the 50th Anniversary of the

        25       establishment of the State of Gujarat, to be



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         1       celebrated June 1, 2010.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Stavisky on the resolution.

         4                  SENATOR STAVISKY:    On the

         5       resolution, Mr. President.

         6                  We are here to congratulate the

         7       State of Gujarat, which is celebrating its

         8       50th jubilee anniversary.

         9                  It was formed 50 years ago from the

        10       17 northern states or the 17 northern --

        11       formerly the District of Bombay.  There are

        12       approximately a quarter of a million residents

        13       from that state in New York, living in

        14       New York State right now.  And in fact it's

        15       the largest immigrant community from India.

        16                  And as Father Young said earlier,

        17       Mahatma Gandhi is one of the most revered

        18       figures not just from India but throughout the

        19       world, with his policy of nonviolence.

        20                  Many of the people have settled in

        21       Queens, and we have a group in the chamber

        22       from Gujarat, the Gujarati, and they represent

        23       a rich cultural heritage.  Living in Queens,

        24       they continue many of the traditions that they

        25       brought with them, and yet they are a very



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         1       important part of our community.

         2                  And in fact, in an area that I

         3       represent in downtown Flushing, 350 years ago

         4       we celebrated the Flushing Remonstrance, the

         5       birthplace of religious freedom here in the

         6       United States.  So going back 350 years to the

         7       present time, they have brought with them an

         8       enrichment of our history, and I'm delighted

         9       to welcome them.

        10                  They are led by their leader, Dilip

        11       Choudhan.  Welcome.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT VALESKY:    Thank

        14       you, Senator Stavisky.

        15                  A special welcome to our visitors

        16       today from the State of Gujarat, and

        17       congratulations on the 50th anniversary of the

        18       establishment of your state.

        19                  (Applause.)

        20                  ACTING PRESIDENT VALESKY:    The

        21       question is on the resolution.  All those in

        22       favor please signify by saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT VALESKY:

        25       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT VALESKY:    The

         3       resolution is adopted.

         4                  Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       have several motions.

         7                  ACTING PRESIDENT VALESKY:    You

         8       may proceed, Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, on

        10       behalf of Senator Foley, I wish to call up

        11       Print Number 6459, recalled from the Assembly,

        12       which is now at the desk.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       138, by Senator Foley, Senate Print 6459, an

        17       act to amend the Highway Law.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, I

        21       now move to reconsider the vote by which this

        22       bill was passed.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will call the roll on

        25       reconsideration.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein.

         4                  SENATOR KLEIN:    Mr. President, I

         5       now offer the following amendments.

         6                  ACTING PRESIDENT VALESKY:    The

         7       amendments are received.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, on

        10       behalf of Senator Squadron, I wish to call up

        11       Calendar Number 532, Assembly Print Number

        12       1730C.

        13                  ACTING PRESIDENT VALESKY:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       532, by Assemblyman Brodsky, Assembly Print

        17       Number 1730C, an act to amend the General

        18       Business Law.

        19                  ACTING PRESIDENT VALESKY:

        20       Senator Klein.

        21                  SENATOR KLEIN:    I now move to

        22       reconsider the vote by which this bill was

        23       substituted for Senate bill 4313B on May 18th.

        24                  ACTING PRESIDENT VALESKY:    The

        25       Secretary will call the roll on



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         1       reconsideration.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is before the house.

         6                  Senator Klein.

         7                  SENATOR KLEIN:    Mr. President, I

         8       now move that Assembly Bill Number 1730C be

         9       recommitted to the Committee on Consumer

        10       Protection and the Senate bill be restored to

        11       the order of Third Reading Calendar.

        12                  ACTING PRESIDENT VALESKY:    So

        13       ordered.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, I

        16       now offer the following amendments.

        17                  ACTING PRESIDENT VALESKY:    The

        18       amendments are received.

        19                  SENATOR KLEIN:    Mr. President, on

        20       behalf of Senator Breslin, I wish to call up

        21       Print Number 4767A, recalled from the

        22       Assembly, which is now at the desk.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       37, by Senator Breslin, Senate Print 4767A, an

         2       act to amend the Insurance Law.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       now move to reconsider the vote by which this

         7       bill was passed.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will call the roll on

        10       reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT VALESKY:

        14       Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, I

        16       now offer the following amendments.

        17                  ACTING PRESIDENT VALESKY:    The

        18       amendments are received.

        19                  SENATOR KLEIN:    Mr. President, I

        20       wish to call up Senate Print Number 4634, on

        21       behalf of Senator Oppenheimer, recalled from

        22       the Assembly, which is now at the desk.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will read.

        25                  THE SECRETARY:    Calendar Number



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         1       242, by Senator Oppenheimer, Senate Print

         2       4634, an act to amend the Education Law.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Klein.

         5                  SENATOR KLEIN:    Mr. President, I

         6       now move to reconsider the vote by which this

         7       bill was passed.

         8                  ACTING PRESIDENT VALESKY:    The

         9       Secretary will call the roll on

        10       reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  ACTING PRESIDENT VALESKY:    The

        14       bill is before the house.

        15                  Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       now offer the following amendments.

        18                  ACTING PRESIDENT VALESKY:    The

        19       amendments are received.

        20                  SENATOR KLEIN:    Mr. President, on

        21       behalf of Senator Addabbo, on page number 43 I

        22       offer the following amendments to Calendar

        23       Number 635, Senate Print Number 5442A, and ask

        24       that said bill retain its place on Third

        25       Reading Calendar.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       amendments are received.

         3                  SENATOR KLEIN:    Mr. President, on

         4       behalf of Senator Stavisky I move to recommit

         5       Senate Print Number 1375B, Calendar Number

         6       637, to the Committee on Elections, with

         7       instructions to said committee to strike out

         8       the enacting clause.

         9                  ACTING PRESIDENT VALESKY:    So

        10       ordered.

        11                  SENATOR KLEIN:    Thank you,

        12       Mr. President.

        13                  At this time, Mr. President, can we

        14       please go to a meeting of the Rules Committee

        15       in the Majority Conference Room.

        16                  Pending the return of the Rules

        17       Committee, may we please stand at ease.

        18                  ACTING PRESIDENT VALESKY:    An

        19       immediate meeting of the Rules Committee in

        20       Room 332 of the Capitol.

        21                  Pending the return of the Rules

        22       Committee, the Senate will stand at ease.

        23                  (Whereupon, the Senate stood at

        24       ease at 4:20 p.m.)

        25                  (Whereupon, the Senate reconvened



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         1       at 4:38 p.m.)

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Klein.

         4                  SENATOR KLEIN:    Mr. President, I

         5       believe there's a report of the Rules

         6       Committee at the desk.  I move we adopt the

         7       report at this time.

         8                  ACTING PRESIDENT VALESKY:    There

         9       is a report of the Rules Committee at the

        10       desk.

        11                  The Secretary will read.

        12                  THE SECRETARY:    Senator Smith

        13       reports, from the Committee on Rules:

        14                  Assembly Bill Number 10741, by

        15       Member of the Assembly Abbate, an act to amend

        16       Chapter 104 of the Laws of 2005;

        17                  By Member of the Assembly

        18       Schroeder, Assembly Print Number 10853B, an

        19       act to amend the Executive Law;

        20                  Senate Print 7800, by Senator

        21       Squadron, an act to amend the Public Housing

        22       Law;

        23                  And Senate Print 7860, by Senator

        24       Addabbo, an act to amend the Election Law.

        25                  All bills ordered direct to third



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         1       reading.

         2                  ACTING PRESIDENT VALESKY:    All

         3       those in favor of adopting the report of the

         4       Rules Committee signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT VALESKY:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT VALESKY:    The

        10       Rules Committee report is adopted.

        11                  Senator Klein.

        12                  SENATOR KLEIN:    Mr. President, at

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

        14       calendar.

        15                  ACTING PRESIDENT VALESKY:    The

        16       Secretary will proceed with a reading of the

        17       noncontroversial calendar.

        18                  THE SECRETARY:    Calendar Number

        19       243, by Member of the Assembly Cook --

        20                  SENATOR KLEIN:    Lay the bill

        21       aside for the day, please.

        22                  ACTING PRESIDENT VALESKY:    The

        23       bill is laid aside for the day.

        24                  THE SECRETARY:    Calendar Number

        25       457, by Assemblymember Gordon, Assembly Print



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         1       Number 7987B, an act to amend the Public

         2       Service Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Young, to explain her vote.

        12                  SENATOR YOUNG:    Thank you,

        13       Mr. President.

        14                  We know in this chamber that our

        15       dairy farmers have been suffering mightily for

        16       the last two years because of low milk prices,

        17       but this bill provides a great new economic

        18       opportunity to them.  It lets dairy farmers

        19       sell renewable energy generated by

        20       agricultural waste back to the electrical

        21       grid.

        22                  Allowing farmers to better

        23       participate in the commercial energy market is

        24       good for the economy, and it's good for the

        25       environment.  And for those reasons, I'm



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         1       voting yell.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Young to be recorded in the

         4       affirmative.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       605, by Member of the Assembly Kavanagh,

        11       Assembly Print Number 620, an act to amend the

        12       General Business Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the 30th day.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       606, substituted earlier today by

        25       Assemblymember Rosenthal, Assembly Print



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         1       Number 10226, an act to amend the Real

         2       Property Actions and Proceedings Law.

         3                  ACTING PRESIDENT VALESKY:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the 30th day.

         7                  ACTING PRESIDENT VALESKY:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    In relation to

        11       Calendar Number 606, Senator Winner to be

        12       recorded in the negative.

        13                  Ayes, 60.  Nays, 1.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       621, by Senator Savino, Senate Print 4563C, an

        18       act to amend the Retirement and Social

        19       Security Law.

        20                  ACTING PRESIDENT VALESKY:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT VALESKY:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT VALESKY:

         3       Announce the results.

         4                  THE SECRETARY:    In relation to

         5       Calendar Number 621, those recorded in the

         6       negative:  Senators Griffo, C. Johnson,

         7       Marcellino, Ranzenhofer, Skelos, Winner and

         8       Young.  Also Senator Robach.  Also Senator

         9       Saland.  Also Senator Larkin.

        10                  Ayes, 51.  Nays, 10.

        11                  ACTING PRESIDENT VALESKY:    The

        12       bill is passed.

        13                  THE SECRETARY:    Calendar Number

        14       626, by Member of the Assembly Gibson,

        15       Assembly Print Number 10705, an act to amend

        16       Chapter 777 of the Laws of 1986.

        17                  ACTING PRESIDENT VALESKY:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT VALESKY:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 61.

        25                  ACTING PRESIDENT VALESKY:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       627, by Member of the Assembly Camara,

         4       Assembly Print Number 10728, an act to amend

         5       Chapter 613 of the Laws of 1996.

         6                  ACTING PRESIDENT VALESKY:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT VALESKY:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 61.

        14                  ACTING PRESIDENT VALESKY:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       628, by Senator Espada, Senate Print 6971, an

        18       act to amend Chapter 84 of the Laws of 1993.

        19                  ACTING PRESIDENT VALESKY:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT VALESKY:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 61.

         2                  ACTING PRESIDENT VALESKY:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       655, by Senator Foley, Senate Print 7444, an

         6       act to amend the Banking Law.

         7                  ACTING PRESIDENT VALESKY:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT VALESKY:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 61.

        15                  ACTING PRESIDENT VALESKY:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       657, by Senator Stavisky, Senate Print 7747,

        19       an act to amend Chapter 31 of the Laws of

        20       1985.

        21                  ACTING PRESIDENT VALESKY:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT VALESKY:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 61.

         4                  ACTING PRESIDENT VALESKY:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       658, by Member of the Assembly Bing, Assembly

         8       Print Number 10118, an act to amend Chapter

         9       219 of the Laws of 2003.

        10                  ACTING PRESIDENT VALESKY:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT VALESKY:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 61.

        18                  ACTING PRESIDENT VALESKY:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       659, by Senator Stavisky, Senate Print 7750,

        22       an act to amend Chapter 57 of the Laws of

        23       2005.

        24                  ACTING PRESIDENT VALESKY:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT VALESKY:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 61.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       892, by Senator Breslin, Senate Print 7000B,

        11       an act to amend the Insurance Law and the

        12       Public Health Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 6.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Breslin, to explain his vote.

        22                  SENATOR BRESLIN:    Thank you very

        23       much, Mr. President.

        24                  This legislation I believe is

        25       landmark.  It completes a long, detailed



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         1       period of time wherein advocates for autism,

         2       the Departments of Mental Health, Office of

         3       Mental Retardation and Developmental

         4       Disabilities, the Department of Health, and

         5       the Insurance Department were in continuing

         6       dialogue.  There was a full-day hearing in

         7       October.  And there was -- I found, as I said

         8       at a press conference earlier, I found there

         9       was as many different points of view on autism

        10       and the way to treat autism I think at least

        11       as there are states in this country.

        12                  But I believe this bill is the

        13       proper middle ground.  It will allow for

        14       screening, diagnosis, and treatment of the

        15       autism spectrum disorder.  It has no monetary

        16       caps, it has no age limits, but it is

        17       restricted in a way, because the treatments

        18       must be clinically acceptable, must meet the

        19       challenges of the medical profession to really

        20       work and really perform their function.

        21                  And the kinds of treatment will be

        22       determined by the Department of Health, which

        23       will be given 12 months to come up with a

        24       formula for treatments, and they'll be in

        25       consultation with the Office of Mental



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         1       Retardation and Developmental Disabilities,

         2       the Office of Mental Health, and the Insurance

         3       Department.

         4                  And I believe that this bill, long

         5       overdue, will finally begin to treat autism in

         6       the way it should be treated -- at an early

         7       age, an age when we can do a great deal

         8       medically.  And it will be forgiving for those

         9       people who are challenged financially and will

        10       have kind of an equal platform and an equal

        11       ability for people to get treatment.

        12                  I look forward to the day when this

        13       passes the Assembly, which I believe will be

        14       within days, and the Governor signing it.  And

        15       accordingly, I will be voted in the

        16       affirmative.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT VALESKY:

        19       Senator Breslin to be recorded in the

        20       affirmative.

        21                  Senator Fuschillo, to explain his

        22       vote.

        23                  SENATOR FUSCHILLO:    Thank you

        24       very much, Mr. President.

        25                  I want to thank Senator Breslin,



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         1       working with your office, and Senator McDonald

         2       for his leadership.

         3                  It wasn't too long ago that I stood

         4       in the driveway of a neighbor of mine who has

         5       a young autistic boy with Senator Johnson,

         6       Assemblyman Weisenberg, and other colleagues

         7       in the Assembly, where we had firsthand that

         8       he had to refinance his house, take out a

         9       second mortgage because it cost him about

        10       $80,000 a year to provide for the proper

        11       treatment for his son with autism.

        12                  But today, this legislation now

        13       doesn't allow families to choose between going

        14       broke or providing treatment for their kids.

        15       Now, living with autism, as Diane Cahill said

        16       in a memo she sent us, is 24/7 for the

        17       families.  And now the screening, the

        18       diagnosis and treatment will be covered here

        19       in New York State.

        20                  It's a great day for the families

        21       who have children with autism; it's a great

        22       day for New York State.  I'll be voting in the

        23       affirmative.

        24                  ACTING PRESIDENT VALESKY:

        25       Senator Fuschillo to be recorded in the



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         1       affirmative.

         2                  Senator McDonald, to explain his

         3       vote.

         4                  SENATOR McDONALD:    Thank you,

         5       Mr. President.

         6                  Thank you to all the leadership --

         7       Senator Breslin, Senator Fuschillo, Senator

         8       Duane, all the folks that were involved in

         9       this.  Thank you to the advocates that have

        10       been so patient and who came up here to

        11       communicate with us the problems that they

        12       face.  And thank you to each and every

        13       individual member for making this a major

        14       issue, which it is.

        15                  I don't speak to you as a senator.

        16       I'm speaking to you as a grandfather of two

        17       autistic grandchildren, 5 and 7, two

        18       grandsons.  I don't have to look very far to

        19       see the problems in the households or the

        20       expenses.  They're right in my own family

        21       structure.

        22                  I'm fortunate; my family can help

        23       my daughter and her husband in any financial

        24       needs.  But so many people don't have that

        25       good fortune.  This being New York and



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         1       America, nobody gets left behind.  And this is

         2       the very beginning of a program, an autism and

         3       similar disabilities program that we'll be

         4       adding to.

         5                  And as was stated earlier, there's

         6       so many different opinions on what kind of

         7       bill or legislation this should have been.

         8       It's very difficult.  Something was better

         9       than nothing.  And this was the beginning that

        10       gives hope to those people, that 1 out of 90

        11       people right now who are being diagnosed with

        12       this problem as they're born.

        13                  These children grow into adults,

        14       and we as dedicated human beings will be with

        15       them to the end of their lives, helping them

        16       out.  I hope and pray that we'll solve some of

        17       these health issues and mental issues, but we

        18       may not.  So they look to us.  And I'm proud

        19       of all of us -- regardless of the party

        20       affiliation, regardless of various opinions --

        21       of staying together and doing something for

        22       the kind of people that we're here for,

        23       helping the people who can't help themselves.

        24                  So as more than a senator, as a

        25       grandfather, I want to thank you.



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         1                  ACTING PRESIDENT VALESKY:

         2       Senator McDonald to be recorded in the

         3       affirmative.

         4                  Senator Craig Johnson, to explain

         5       his vote.

         6                  SENATOR CRAIG JOHNSON:    Thank

         7       you, Mr. President.  I too rise today to

         8       support this piece of landmark legislation.

         9                  First let me thank the bill's

        10       sponsor and chairman of the Insurance

        11       Committee, Neil Breslin.  Over the past year,

        12       Senator Breslin and Senator Duane have been

        13       working with Senator Fuschillo, Senator

        14       McDonald and myself to put together this

        15       comprehensive piece of legislation.

        16                  Many of us in this Senate chamber

        17       have sponsored or cosponsored a variety of

        18       pieces of legislation, and finally we were

        19       able to put together a single piece of

        20       legislation that will enable our friends and

        21       our family and our constituents, those who

        22       have children or young adults who suffer on

        23       the autism spectrum disorder, finally give

        24       them the ability to finally get them the

        25       insurance coverage that they so desperately



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         1       need.

         2                  It's incredible.  If you ask

         3       anyone, anyone who has a child with an autism

         4       spectrum disorder, they'll tell you how tough

         5       their life can be, how rewarding it can be but

         6       how tough it can be.  And that time and the

         7       extra care that's involved in helping their

         8       child is all-encompassing.  It's also very,

         9       very expensive.

        10                  Senator Fuschillo talks about his

        11       friend whose home we visited over last summer.

        12       And he told us the story about how he had to

        13       refinance his home.  Unfortunately, that's all

        14       too common with families whose children suffer

        15       from autism.  They have to refinance their

        16       homes, they have to take second and third jobs

        17       in order to pay for the tens of thousands of

        18       dollars it costs to provide the treatment, the

        19       diagnosis and the treatment for these

        20       children.

        21                  And what's really, really troubling

        22       is that insurance companies are supposed to be

        23       there to help families in times of crisis.

        24       That's part of the compact that we make with

        25       them when we pay the premiums, the insurance



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         1       premiums.  And in my view, it has become

         2       unconscionable and unacceptable for these

         3       companies to sit back and deny coverage to

         4       those families.

         5                  In fact, today -- today -- I sat

         6       with insurance executives who said that autism

         7       wasn't a medical condition.  How outrageous is

         8       that?

         9                  Well, finally we have a piece of

        10       legislation that will pass today, that will

        11       hopefully pass the Assembly and then be signed

        12       by our Governor that will give that protection

        13       and that coverage to those families.

        14                  We know the instances of autism are

        15       increasing and they're increasing at an

        16       alarming rate.  And as Senator Fuschillo and

        17       Senator Marcellino and Senator Hannon and the

        18       other Senators from Long Island know, the

        19       rates of autism on Long Island are staggering.

        20                  But finally, today, we can start

        21       that process of protecting and helping those

        22       families all across New York State who are

        23       facing this very, very difficult time.

        24                  So again, Senator Breslin, I thank

        25       you for your leadership on this issue.  I



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         1       thank all my colleagues who will be supporting

         2       this bill.  I vote yes today, Senator.

         3                  ACTING PRESIDENT VALESKY:

         4       Senator Craig Johnson to be recorded in the

         5       affirmative.

         6                  Senator Seward to explain his vote.

         7                  SENATOR SEWARD:    Thank you,

         8       Mr. President.

         9                  You know, back in 2007 this

        10       Legislature used very good judgment in

        11       creating what's called the Healthcare Quality

        12       and Cost Containment Commission, the so-called

        13       Mandate Commission, whose responsibility is to

        14       review mandates that come in the form of

        15       legislation.  And this is a new mandate on

        16       health insurance policies in New York State.

        17       However, unfortunately, because the Assembly

        18       has yet to appoint their two members of this

        19       commission, here we are in 2010, this

        20       commission is not functioning.

        21                  A bill like this, it seems to me,

        22       is appropriately sent through this commission

        23       so we would have detailed information

        24       regarding the costs and the true benefits of a

        25       proposal like this.  Because quite frankly,



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         1       Mr. President, here we are, we don't know what

         2       this mandate is going to cost in terms of

         3       health insurance premiums.  The advocates say

         4       less than a percent.  But the Insurance

         5       Department has indicated that without age or

         6       dollar caps, which this bill does not have, it

         7       could be as high as a 2 percent increase in

         8       premiums.

         9                  Unfortunately, that means that

        10       60,000 New Yorkers -- 1 percent equals 30,000

        11       New Yorkers -- dropping health insurance

        12       because of not being able to afford it any

        13       longer.  So a 2 percent increase would mean

        14       that 60,000 New Yorkers will not be able to

        15       afford health insurance because of this

        16       legislation, if that formula is correct.

        17                  So, Mr. President, I'm disappointed

        18       that more steps weren't taken in the

        19       legislation to try to bring that number down,

        20       such as age and dollar caps.  I'm disappointed

        21       that the legislation does not include language

        22       that would coordinate services for those with

        23       autism.  Coordination of benefits is very much

        24       needed.

        25                  I believe that the legislation



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         1       should require parents to disclose to insurers

         2       what early intervention services are already

         3       being provided to a child to ensure that there

         4       are no duplication of services so that either

         5       health insurance premium dollars or taxpayer

         6       dollars are not being wasted, that we have a

         7       true coordination of services.

         8                  I'm hoping that either through

         9       future amendments or through the regulatory

        10       process at the Insurance Department that some

        11       of these omissions in the bill can be

        12       corrected so at the end of the day,

        13       Mr. President, we can have a piece of

        14       legislation and a law and policy in the State

        15       of New York so that those families that do

        16       have autism among their children can receive

        17       the vital services at a rate that both health

        18       insurance premium payers and taxpayers can

        19       afford.  That would be certainly a very worthy

        20       goal.

        21                  But in the meantime, Mr. President,

        22       I will be supporting the bill because I think

        23       this is a start.  But there is more work to be

        24       done in improving services but also making it

        25       available at a rate that both health insurance



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         1       premium payers and taxpayers can afford.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator Seward to be recorded in the

         4       affirmative.

         5                  Senator Volker, to explain his

         6       vote.

         7                  SENATOR VOLKER:    Mr. President,

         8       this was a particularly disturbing bill for me

         9       because I was a cosponsor on the bill and

        10       proceeded, after I was a cosponsor, to read a

        11       great deal about the issue of costs and all

        12       the rest of the things that were put out by

        13       the various companies and -- not just

        14       insurance companies, but other people.

        15                  But then I went on and I admit to

        16       you that I voted against the bill in Finance

        17       simply because, after reading the information,

        18       I was concerned that we would have in our

        19       midst another Timothy's Law.  Because if it

        20       wasn't for Senator Libous, Timothy's Law would

        21       have gone off and cost us an enormous amount

        22       of money as the Assembly sent it over to us.

        23       And we worked on it and kept it from

        24       overwhelming the insurance industry.

        25                  But then I began to read through



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         1       this bill, talked to Senator Breslin and

         2       talked to other people, and I realized there

         3       are, I believe, curbs in this bill that will

         4       allow it not to create such a problem for the

         5       insurance industry that it would overwhelm our

         6       costs.

         7                  We have to understand something.

         8       We've passed a number of bills this year that

         9       clearly are going to increase the cost of

        10       insurance.  We must remember that our friends

        11       in Washington are breaking the bank.  They're

        12       trying to tell us that what they did in

        13       Washington is not going to raise the cost of

        14       insurance.  Of course it's going to raise the

        15       cost of insurance.  Everybody privately admits

        16       that.  First of all, it's going to cost

        17       New York enormous amounts of money and

        18       billions of dollars in Medicaid and all that

        19       sort of thing.

        20                  But this bill, autism is such a

        21       difficult area.  And I must confess I have my

        22       son Marty, who is a professor of psychology at

        23       SUNY Buffalo, and his wife, who are both

        24       professors of psychology, and their main area

        25       is autism.  They've been studying it for



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         1       years.  And I am the first to admit to you

         2       that I spoke to them and not just, you know,

         3       saying to them do you think this is necessary.

         4       Of course it's necessary.  The issue really

         5       is, is this bill so broad that it would create

         6       a major problem for the insurance companies.

         7                  And Senator Breslin, Senator

         8       Fuschillo, Senator McDonald, the general

         9       consensus is that it will not and that the

        10       bill has enough curbs in it -- I won't say

        11       curbs, but at least controls -- that it will

        12       allow the insurance companies to deal with

        13       this bill and at the same time will allow

        14       people who are looking at the autism area to

        15       bring down, hopefully, the cost of autism by

        16       treating it at the earliest possible age.

        17                  Because one of the big problems is

        18       we don't get to autism until it's at a stage

        19       where it's very difficult to deal with.  So if

        20       you can get young people involved in autism

        21       and find out that it's really a problem, it's

        22       much, much less expensive and much easier to

        23       deal with.

        24                  So I admit to you that I've

        25       agonized with this bill, as I have with a lot



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         1       of bills in healthcare, because we really have

         2       to be careful in healthcare.  But the

         3       consensus, after thinking about it, is that

         4       this is a good bill and I think we should all

         5       vote for it.  And I am going to vote for it.

         6                  ACTING PRESIDENT VALESKY:

         7       Senator Volker to be recorded in the

         8       affirmative.

         9                  Senator LaValle, to explain his

        10       vote.

        11                  SENATOR LaVALLE:    Thank you,

        12       Mr. President.

        13                  Today is indeed a great day, a

        14       great day for parents who have children with

        15       autism.  For me, I became sensitized to this

        16       issue through a very dear and close friend,

        17       one of my best friends, Matt Cody, who has

        18       established at the State University at Stony

        19       Brook the Cody Center that deals with autism.

        20                  Matt and Debra Cody have three

        21       children who are autistic.  And the Cody

        22       Center has been designated as a Center of

        23       Excellence in dealing with autism.  We in this

        24       Legislature did that by legislation.

        25                  I would say to you that in the last



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         1       number of years I've established a task force

         2       in Suffolk County to deal with this issue.

         3       Senator Morahan has been very active with our

         4       task force in trying to look at the many

         5       facets that affect families who have autistic

         6       children.

         7                  I can tell you that it is an issue

         8       for families that is very penetrating.  It's

         9       not only in dealing with the children but, as

        10       a result of that, how it affects

        11       relationships, how it even affects how parents

        12       will over a long haul interact with those

        13       students.

        14                  One of the issues at the Cody

        15       Center, which we have people from all over

        16       Long Island coming to the center, is an

        17       insurance issue on the screening and the

        18       diagnosis of it.  That needs to be done early

        19       on because if we don't know all of the

        20       dimensions of this illness, then we cannot get

        21       the proper treatment as early as we can.

        22       Insurance, insurance becomes the issue that

        23       prevents many families from getting the kind

        24       of attention that they should be getting.

        25                  For those of us on Long Island, the



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         1       Cody Center is a jewel.  It is a wonderful

         2       thing.  With insurance, if this bill passes

         3       the Assembly and gets signed, I will tell you

         4       that children in our area, and families, will

         5       be able to get early on the kind of guidance

         6       that they need at the earliest possible time.

         7                  Last comment, and it goes to

         8       something that Senator Volker talked about,

         9       and Senator Seward.  I've had many bills

        10       dealing with providing, within the health

        11       insurance contract, a specific provision.  It

        12       is so difficult to get the health insurance

        13       industry to come to the table and deal with

        14       you in a fair way.  We hear all sorts of

        15       costs.

        16                  And, you know, the most ironic

        17       thing, if we look at the history of where the

        18       industry was and what the reality is after we

        19       pass the law, it's like a miracle happened.

        20       Dollars just withered away because it really

        21       did not affect the policy and the policyholder

        22       to the point that the industry indicated.

        23                  So there are a lot of bills --

        24       we've had some dealing with cancer treatments,

        25       and today we're talking about autism.  I think



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         1       that the industry needs to be realistic that

         2       we need to provide for our citizens these

         3       treatments.  And we don't even know, Senator

         4       Breslin, how federal law in terms of health

         5       insurance will really apply to these

         6       instances.

         7                  So I think we can be very proud as

         8       a Senate today in passing this bill, and I

         9       will be voting, obviously, in the affirmative.

        10                  ACTING PRESIDENT VALESKY:

        11       Senator LaValle to be recorded in the

        12       affirmative.

        13                  Senator Liz Krueger, to explain her

        14       vote.

        15                  SENATOR LIZ KRUEGER:    Thank you

        16       very much.

        17                  Today the Senate continues a very

        18       good week for consumers of healthcare in

        19       New York State.

        20                  There's not one of us, I suspect,

        21       who doesn't have friends or families who have

        22       had a child with autism or one of the related

        23       spectrums.  There's not one of us who doesn't

        24       know the stories of families not being able to

        25       provide the services that they know will help



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         1       their family member because they can't get

         2       insurance coverage.  And I suspect most of us

         3       know at this point this time that the

         4       number-one reason for bankruptcies and for

         5       foreclosures in this country are people's

         6       inability to pay their medical bills, people

         7       with insurance not being able to pay their

         8       medical bills and facing the trauma of do you

         9       pay for your housing, do you pay for your

        10       healthcare, do you go to bankruptcy court

        11       because you can't get the services you and you

        12       your family so desperately need.

        13                  And so in a country where we have a

        14       lot of struggles still to ensure that we have

        15       access to healthcare for all, that we have a

        16       system of health insurance that assures that

        17       when you have health insurance it's there for

        18       you when you need it, when your family members

        19       need it, this is an extremely important bill.

        20                  I know it was a struggle.  I know

        21       Senator Breslin worked very hard on trying to

        22       balance all the different competing needs and

        23       the recognition that this is such a complex

        24       spectrum of disorders and illness and outcomes

        25       for children and adults, and the struggles



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         1       between differing opinions even on what this

         2       piece of legislation should be.

         3                  The fact that we're here today and

         4       passing this bill is another major, major

         5       victory for families in the State of New York

         6       who may not know it yet but might sometime

         7       soon find themselves giving birth to a child

         8       with autism and facing the reality that their

         9       child will have in fact a lifetime of special

        10       needs, health and educational and behavioral.

        11       And that finally in the State of New York, if

        12       you have insurance coverage, it's going to

        13       help address those needs.

        14                  So thank you, Senator Breslin.  And

        15       I know that we're all going to be able to walk

        16       away today having voted for this bill saying

        17       "Today I made a difference in people's lives."

        18                  I'll vote yes.  Thank you very

        19       much, Senator.

        20                  ACTING PRESIDENT VALESKY:

        21       Senator Liz Krueger to be recorded in the

        22       affirmative.

        23                  Senator DeFrancisco, to explain his

        24       vote.

        25                  SENATOR DeFRANCISCO:    Thank you,



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         1       Mr. President.

         2                  As a cosponsor of this bill, I

         3       obviously, along with everyone else in this

         4       chamber, had to make a decision about weighing

         5       various interests that we do in every piece of

         6       legislation.  Obviously we want to make

         7       healthcare affordable and we don't want to

         8       move people out of the healthcare insurance

         9       that they have because they can't afford it.

        10       But on the other hand, we want the healthcare

        11       insurance to do what it's supposed to do;

        12       namely, provide for those conditions that are

        13       necessary to be provided for.

        14                  We went through this weighing

        15       process in Timothy's Law and ultimately came

        16       out with a bill.

        17                  With respect to autism, the one

        18       thing I know is clear, and that is the earlier

        19       there is a diagnosis and a plan for the child

        20       with autism, the better the outcome.  Now,

        21       from an emotional standpoint, for the success

        22       of that child, obviously we've got to diagnose

        23       as early as possible.  And this bill will

        24       provide for the coverage to make sure that

        25       that happens and people don't not get a



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         1       diagnosis simply because they don't have

         2       insurance to do it.

         3                  And in the long run, as far as I'm

         4       concerned, if even we're just talking dollars

         5       and cents, it's going to be the best situation

         6       financially.  If you make this child -- if you

         7       allow this child to be diagnosed early and

         8       their outcome is much better, in the long run

         9       the cost to society is going to be

        10       substantially less.  So those who are

        11       concerned about the cost, I think that's the

        12       way you've got to weigh it.

        13                  More importantly is the outcome for

        14       the child.  There's no one in this chamber

        15       that doesn't know of someone or have a family

        16       member that's been affected by this autism, no

        17       matter what segment of the spectrum of autism

        18       you're talking about.

        19                  So I agree this is a landmark bill,

        20       and I'm proud to be a cosponsor.  And it's the

        21       right thing to do.  And hopefully we'll be

        22       able to help many of the children who have

        23       this horrible condition to be the best that

        24       they can possibly be by early diagnosis and an

        25       early plan for treatment.



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         1                  I vote aye, Mr. President.

         2                  ACTING PRESIDENT VALESKY:

         3       Senator DeFrancisco to be recorded in the

         4       affirmative.

         5                  Senator Stewart-Cousins, to explain

         6       her vote.

         7                  SENATOR STEWART-COUSINS:    Yes,

         8       thank you, Mr. President.

         9                  I rise certainly to congratulate my

        10       colleague Senator Breslin, because I know how

        11       difficult it was to navigate the waters to get

        12       to this point.

        13                  I too am a cosponsor of the bill.

        14       And somewhere along the road between

        15       cosponsorship and now, there were a number of

        16       issues that came up, many people who seemed to

        17       be a little bit concerned that this bill might

        18       ignore some of the other therapies that would

        19       be available.

        20                  I think that this bill is a very

        21       big step on a very, very important road.  I

        22       think that it leads the way.  I think that it

        23       allows people who otherwise would not be

        24       covered to be covered.  It allows, as many of

        25       my colleagues said, for that early diagnosis.



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         1       And it also allows for our continued

         2       evaluation and evolution as different

         3       therapies that work come to our attention.  It

         4       is so important.

         5                  One of the earliest remembrances I

         6       have in the Senate was getting a visit by

         7       parents, a community called BRO.  It's an

         8       acronym.  But these parents were worried about

         9       their children who were 40, 50, really aging,

        10       and wondering what would happen to these

        11       children should they no longer be available.

        12                  I spoke to a couple of mothers who

        13       had autistic adult children, 50-year-old

        14       autistic children, and they told me when their

        15       children were growing up there was no

        16       diagnosis, there was no real understanding of

        17       this.  There were so few people who had

        18       autism, they really just had to do what they

        19       could, put together things hoping that

        20       something along the way would help and that

        21       their kids would be provided for.

        22                  Luckily, as we evolved, there were

        23       different places.  A lot of these parents had

        24       children in group homes and so on.  But how

        25       much better off they would be, one wonders, if



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         1       they been screened earlier, if they had been

         2       diagnosed earlier, if someone knew that there

         3       were options and opportunities and that the

         4       treatment could be covered by insurance.

         5                  So I'm very happy to be standing

         6       here supporting this bill, knowing that we

         7       have evolved, we have a situation that

         8       requires our attention, it requires coverage,

         9       it requires support of the family, it requires

        10       a society that knows and cares and finds ways

        11       to make sure that families are not somehow

        12       ignored as they try and meet the needs of

        13       their children and loved ones.

        14                  So certainly I will be voting yes.

        15                  ACTING PRESIDENT VALESKY:

        16       Senator Stewart-Cousins to be recorded in the

        17       affirmative.

        18                  Senator Foley, to explain his vote.

        19                  SENATOR FOLEY:    Thank you,

        20       Mr. President.

        21                  I stand in strong support of this

        22       particular legislation.  And as a cosponsor, I

        23       wish to thank Senator Breslin for his great

        24       leadership.

        25                  When people look at back at this



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         1       particular legislative session, this piece of

         2       legislation will stand out as one of the

         3       finest examples of progressive, far-reaching

         4       legislation that will impact the everyday

         5       lives of thousands of families here in

         6       New York.  I couldn't think of a greater

         7       reason why any of us became involved in public

         8       service than for days and votes like this

         9       today.

        10                  I heard from hundreds of families

        11       in Suffolk County who have been looking for

        12       leadership from this State Legislature over a

        13       number of years.  And today, in this session,

        14       on this day, we're going to demonstrate that

        15       leadership by showing that we care, that we

        16       listened, that the leadership of this Senate

        17       has helped to craft legislation that is among

        18       the finest of its kind anywhere in our

        19       country.

        20                  I think what really speaks to the

        21       strength of the policy and of this particular

        22       law, Mr. President, is the fact that at

        23       today's press conference we had members of

        24       both parties from this Senate but also from

        25       the State Assembly, which I think has been a



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         1       rarity to have that kind of press conference.

         2       It speaks to the power of the issue, it speaks

         3       to the unanimity of effort that we all see

         4       when we can join forces to craft legislation

         5       that will in fact make a real difference in

         6       the lives of families, of parents, and of

         7       those young people who so greatly need our

         8       help.

         9                  Once again, I'll be supporting the

        10       bill.  And thank you, Mr. President.  And

        11       thank you again, Senator Breslin.

        12                  ACTING PRESIDENT VALESKY:

        13       Senator Foley to be recorded in the

        14       affirmative.

        15                  The Secretary will announce the

        16       results.

        17                  THE SECRETARY:    Ayes, 61.  Nays,

        18       0.

        19                  ACTING PRESIDENT VALESKY:    The

        20       bill is passed.

        21                  Senator Klein, that completes the

        22       reading of the noncontroversial calendar.

        23                  SENATOR KLEIN:    Mr. President, at

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

        25       supplemental calendar.



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         1                  ACTING PRESIDENT VALESKY:    The

         2       Secretary will proceed with the reading of

         3       Senate Supplemental Calendar 60A.

         4                  THE SECRETARY:    Calendar Number

         5       937, by Member of the Assembly Abbate,

         6       Assembly Print Number 10741, an act to amend

         7       Chapter 104 of the Laws of 2005.

         8                  ACTING PRESIDENT VALESKY:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT VALESKY:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 61.

        16                  ACTING PRESIDENT VALESKY:    The

        17       bill is passed.

        18                  Senator Klein, that completes the

        19       reading of Senate Supplemental Calendar 60A.

        20                  SENATOR KLEIN:    Mr. President, at

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

        22       supplemental active list.

        23                  ACTING PRESIDENT VALESKY:    The

        24       Secretary will proceed with the reading of the

        25       supplemental active list.



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         1                  THE SECRETARY:    Calendar Number

         2       344, by Member of the Assembly Hoyt, Assembly

         3       Print Number 9070A, an act to amend the Real

         4       Property Law.

         5                  SENATOR KLEIN:    Lay the bill

         6       aside for the day, please.

         7                  ACTING PRESIDENT VALESKY:    The

         8       bill is laid aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       496, by Member of the Assembly Zebrowski,

        11       Assembly Print Number 3762, an act to amend

        12       the Penal Law.

        13                  ACTING PRESIDENT VALESKY:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT VALESKY:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 61.

        21                  ACTING PRESIDENT VALESKY:    The

        22       bill is passed.

        23                  Senator Klein, that completes the

        24       reading of the Senate supplemental active

        25       list.



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         1                  SENATOR KLEIN:    Mr. President,

         2       before we move on, I want to recognize a

         3       special day today.  Besides passing landmark

         4       legislation, it's also one of our colleague's,

         5       Senator Breslin's, birthday today.

         6                  (Applause.)

         7                  ACTING PRESIDENT VALESKY:    Happy

         8       birthday, Senator Breslin.

         9                  (Applause.)

        10                  ACTING PRESIDENT VALESKY:

        11       Senator Padavan, why do you rise?

        12                  SENATOR PADAVAN:    For some reason

        13       you didn't notice my negative vote on that

        14       bill, Calendar Number 496.  I wish to be

        15       recorded as such.

        16                  ACTING PRESIDENT VALESKY:

        17       Senator Padavan to be recorded in the negative

        18       on Calendar Number 496.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President,

        21       would you recognize Senator Volker, please.

        22                  ACTING PRESIDENT VALESKY:

        23       Senator Volker.

        24                  SENATOR VOLKER:    The bill that

        25       just was laid aside, Calendar Number 344,



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         1       7170A, I would like that bill starred because

         2       there's going to be an amendment to it.

         3       Rather than have it sit there, I'd like to

         4       star the bill.  Okay?  Thank you.

         5                  ACTING PRESIDENT VALESKY:    A

         6       sponsor's star will be placed on Calendar

         7       Number 344.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President,

        10       are there any substitutions at the desk?

        11                  ACTING PRESIDENT VALESKY:    Yes,

        12       there are, Senator Klein.

        13                  The Secretary will read.

        14                  THE SECRETARY:    In relation to

        15       Calendar Number 939, Senator Squadron moves to

        16       discharge, from the Committee on Rules,

        17       Assembly Bill Number 9757 and substitute it

        18       for the identical Senate Bill Number 7800,

        19       Third Reading Calendar 939.

        20                  ACTING PRESIDENT VALESKY:

        21       Substitution ordered.

        22                  THE SECRETARY:    In relation to

        23       Calendar Number 940, Senator Addabbo moves to

        24       discharge, from the Committee on Elections,

        25       Assembly Bill Number 10946 and substitute it



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         1       for the identical Senate Bill Number 7860,

         2       Third Reading Calendar 940.

         3                  ACTING PRESIDENT VALESKY:

         4       Substitution ordered.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, is

         7       there any further business at the desk?

         8                  ACTING PRESIDENT VALESKY:    The

         9       desk is clear.

        10                  SENATOR KLEIN:    There being no

        11       further business, Mr. President, I move that

        12       we adjourn until Thursday, June 10th, at

        13       11:00 a.m.

        14                  ACTING PRESIDENT VALESKY:    On

        15       motion, the Senate stands adjourned until

        16       Thursday, June 10th, at 11:00 a.m.

        17                  (Whereupon, at 5:23 p.m., the

        18       Senate adjourned.)

        19

        20

        21

        22

        23

        24

        25



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