Monday, May 1, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 1, 2006 11 3:17 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN A. DeFRANCISCO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT DeFRANCISCO: 3 The Senate will please come to order. 4 Would everyone please rise and join 5 me in the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT DeFRANCISCO: 9 The invocation today will be given by the 10 Reverend Peter G. Young, from Blessed 11 Sacrament Church in Bolton Landing. 12 REVEREND YOUNG: We are all proud 13 elected leaders, as were Presidents Van Buren, 14 Fillmore, Arthur, Cleveland, Theodore and 15 Franklin Roosevelt. May we continue in the 16 greatness of their dedicated public service to 17 all of our citizens of New York State. May we 18 follow in the rich tradition of the Senators 19 that first met in Kingston five days after the 20 Declaration of Independence. 21 You, O God, have promised our 22 Senators and given them outstanding examples 23 to inspire them and those in this chamber for 24 committed service to all of our citizens. 25 But today we welcome a legend from

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(518) 371-8910 1 the music world. We welcome a legend in this 2 with Senate hospitality for his outstanding 3 contribution to the arts. We ask You, O God, 4 to bless him and bless all of those here 5 present, in Your name, now and forever. 6 Amen. 7 ACTING PRESIDENT DeFRANCISCO: 8 Please be seated. 9 Reading of the Journal. 10 THE SECRETARY: In Senate, 11 Sunday, April 30, the Senate met pursuant to 12 adjournment. The Journal of Saturday, 13 April 29, was read and approved. On motion, 14 Senate adjourned. 15 ACTING PRESIDENT DeFRANCISCO: 16 Without objection, the Journal stands approved 17 as read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Reports of standing committees. 22 Reports of select committees. 23 Communications and reports from 24 state officers. 25 Motions and resolutions.

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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 colleagues, I believe I have a privileged 4 resolution at the desk. I would ask that it 5 be read in its entirety and move for its 6 immediate adoption. 7 ACTING PRESIDENT DeFRANCISCO: 8 The Secretary will read. 9 THE SECRETARY: By Senator Bruno, 10 Legislative Resolution Number 4707, paying 11 tribute to the stellar career and noted 12 achievements of legendary jazz musician Dave 13 Brubeck. 14 "WHEREAS, It is the sense of this 15 Legislative Body to recognize and pay tribute 16 to outstanding individuals whose creative 17 talents contribute to the entertainment and 18 cultural enrichment of their community, the 19 State of New York, and beyond; and 20 "WHEREAS, Attendant to such 21 concern, and fully in accord with its 22 long-standing traditions, it is the intent of 23 this Legislative Body to pay tribute to the 24 stellar career and noted achievements of 25 legendary jazz musician Dave Brubeck, who, as

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(518) 371-8910 1 part of his yearlong 85th birthday 2 celebration, will be performing at the 3 Saratoga Performing Arts Center's 2006 Jazz 4 Festival; and 5 "WHEREAS, Born David Warren Brubeck 6 in Concord, California, on December 6, 1920, 7 this octogenarian is a legendary jazz 8 composer, pianist and bandleader whose musical 9 compositions have become etched in the fabric 10 of American society; and 11 "WHEREAS, Until the age of 11, Dave 12 Brubeck received early training in classical 13 music from his mother, a pianist and teacher; 14 two of his brothers are music teachers, and 15 four of his sons are professional jazz 16 musicians; and 17 "WHEREAS, By the age of 13, Dave 18 Brubeck was performing professionally with 19 local jazz groups. He received a Bachelor of 20 Arts degree in music from the College of the 21 Pacific in Stockton, California. He studied 22 composition with the classical composer Darius 23 Milhaud at Mills College in Oakland, 24 California; and 25 "WHEREAS, From 1940 until 1942,

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(518) 371-8910 1 Dave Brubeck played in The Band That Jumps. 2 Then he joined the Army and played with the 3 Wolf Pack Band in Europe (1944-45). After 4 being discharged, he went back to study with 5 Milhaud between 1946 and 1949; and 6 "WHEREAS, With fellow students, 7 Dave Brubeck founded the experimental Jazz 8 Workshop Ensemble, which started recording in 9 1949 as the Dave Brubeck Octet; it included 10 Paul Desmond, Cal Tjader and Bill Smith; and 11 "WHEREAS, In 1949, Dave created the 12 Dave Brubeck Trio with smooth-swinging bassist 13 Gene Wright and hard-swinging drummer Joe 14 Morello; and 15 "WHEREAS, In 1951, with the 16 addition of the lyrical and witty alto 17 saxophonist Paul Desmond, it became the famous 18 original Dave Brubeck Quartet (1951-67). It 19 was one of the most popular jazz groups of all 20 time, selling millions of records. In 1954, 21 he even made the cover of Time Magazine. The 22 LP "Time Out," recorded and released in 1959, 23 was the first jazz album to sell over 24 1 million copies; and 25 "WHEREAS, Despite his popularity,

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(518) 371-8910 1 Dave Brubeck was an experimental musician who 2 introduced unusual time signatures; and 3 "WHEREAS, In 1959, Dave Brubeck 4 appeared with Leonard Bernstein and the 5 New York Philharmonic orchestra. In the early 6 1960s, he began to compose extended works, 7 including "Points on Jazz" for the American 8 Ballet and the musical theater piece "The Real 9 Ambassadors," written with the help of his 10 wife, Iola, a lyricist; and 11 "WHEREAS, In 1967, Dave Brubeck 12 disbanded the Dave Brubeck Quartet to 13 concentrate on composing. In 1968, he formed 14 a new quartet that included the more swinging 15 Gerry Mulligan in place of the retiring Paul 16 Desmond, as well as Alan Dawson and Jack Six; 17 and 18 "WHEREAS, The played together until 19 1972. Then, Dave Brubeck began to play with 20 his sons Darius (keyboards), Dan (drums) and 21 Chris (bass guitar and bass trombone). They 22 stayed together until 1974. Again, he retired 23 to write extended works, including the 24 oratorio "The Light in the Wilderness"; and 25 "WHEREAS, From 1977 to 1979, Dave

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(518) 371-8910 1 Brubeck formed a new quartet with Jack Six, 2 Rand Jones and Bill Smith or Bob Militello. 3 In 1987, he composed and performed music for 4 the papal visit. He has also played for every 5 American president since John F. Kennedy; and 6 "WHEREAS, From the 1980s on, Dave 7 Brubeck received numerous awards, including a 8 Lifetime Achievement Award in 1996 from the 9 National Academy of Recording Arts and 10 Sciences; and 11 "WHEREAS, Dave Brubeck has 12 established himself as an ambassador of jazz, 13 writing more than 100 classical works. 14 Throughout his career, he has collaborated 15 with many other notable musicians and 16 composers, including Louis Armstrong, Carmen 17 McRae, and Jimmy Rushing, just to name a few; 18 and 19 "WHEREAS, This Legislative Body is 20 proud to commend Dave Brubeck, a brilliant 21 jazz musician whose spellbinding talent will 22 long serve as a standard to which others might 23 aspire; now, therefore, be it 24 "RESOLVED, That this Legislative 25 Body pause in its deliberations to pay tribute

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(518) 371-8910 1 to the stellar career and noted achievements 2 of Dave Brubeck, and to wish him a very happy 3 85th birthday; and be it further 4 "RESOLVED, That a copy of this 5 resolution, suitably engrossed, be transmitted 6 to Dave Brubeck." 7 ACTING PRESIDENT DeFRANCISCO: 8 Senator Bruno. 9 SENATOR BRUNO: Thank you, Mr. 10 President and colleagues. 11 We've just heard a short chronicle 12 of one of the greatest Americans in our time. 13 Dave Brubeck, at the tender young age of 85, 14 last year traveled the world, and this year so 15 far traveling the world, I think did 80 16 concerts last year. 17 For the young people that are here, 18 and visitors, a resolution like this is done 19 to recognize people who distinguish themselves 20 in some special way. And it's passed just 21 like any law that is passed. It becomes part 22 of the history of the Legislature, the Senate 23 and the State. 24 I can say Mr. Brubeck -- who is 25 accompanied by Russell Gloyd, who is his

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(518) 371-8910 1 manager, agent, collaborator, travels with 2 him, and then some, for the last 30 years, and 3 Marcia White, who was one of us not too long 4 ago, is now president of the Saratoga 5 performing arts. She has engaged Dave 6 Brubeck, I believe who will lead the Jazz 7 Festival in Saratoga this year. 8 David started his career, I 9 believe, at age 13. And you think about in 10 the fifties and sixties, his name, with his 11 quartet and his trio before, is known 12 literally throughout the world. He made jazz 13 what jazz became. Had the first 14 million-dollar record, I believe in '59, from 15 a jazz musician. I believe it was "Time Out." 16 So when we recognize people -- and, 17 Dave, I want to say to you that you just 18 haven't excelled musically but as an 19 individual, as a role model for people 20 throughout the world, doing what you do. 21 Reaching the pinnacle of your success and 22 still functioning at that level is a tribute 23 to you, to your parents, and really to the 24 dedication and the commitment that you have to 25 people.

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(518) 371-8910 1 So we really just can't say enough 2 good things about how special it is that in 3 these hallowed halls, this historic chamber, 4 that we are able to recognize and honor you 5 with this special resolution. 6 May you go on for years and years 7 and years, in the best of everything, doing 8 the things that you do in such a special way 9 to benefit everybody throughout the world. 10 Thank you, and God bless you. 11 (Standing ovation.) 12 ACTING PRESIDENT DeFRANCISCO: 13 Senator Paterson. 14 SENATOR PATERSON: Thank you, 15 Mr. President. 16 It's such a rousing reception for 17 Dave Brubeck. I didn't get a chance to be 18 recognized, but I just wanted to say that 19 those of us on this side of the aisle, 20 everyone all over New York admires and marvels 21 at the work of Dave Brubeck. He does rightly 22 distinguish himself. 23 When I was growing up at a tender 24 young age and my parents gave me a Victrola -- 25 and you've got to be pretty old to know what a

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(518) 371-8910 1 Victrola was. And I had a Dave Brubeck 2 Quartet album in 1957, '58, '59. And I 3 remember his first million-dollar seller. And 4 we are very proud of him. 5 He shares a birthday with one of 6 our colleagues, Senator Efrain Gonzalez, who 7 is only half his age -- he's 42 1/2 years old 8 today -- and has shared a time period with 9 Senator John Marchi, who is 19 days away from 10 his birthday and operates with the same zeal 11 and vigor. 12 And I think that if you could play 13 80 concerts in one year, Mr. Brubeck, that we 14 could have 80 sessions in one year. But we 15 only had -- we checked -- 71 sessions last 16 year. 17 So we're all very proud of you; 18 best wishes. We'll see you at the Saratoga 19 Performing Arts Center later. And we want to 20 wish you well, wish you health, and wish all 21 the people who haven't yet gotten to hear your 22 music the opportunity to do so in the coming 23 years. 24 Thank you. 25 ACTING PRESIDENT DeFRANCISCO:

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(518) 371-8910 1 First, I want to thank Senator Bruno for 2 giving me the honor to preside over this 3 extremely important day for everyone here, for 4 the State of New York, but especially for me. 5 I am a Dave Brubeck lover. I've 6 been a Dave Brubeck Quartet lover as long as I 7 can remember. I'm a jazz fanatic, and he and 8 his music got me to be that way. 9 Couple of small anecdotes. I'll 10 never forget, as long as I live, two events. 11 One is when I was in college, the Dave Brubeck 12 Quartet performed at the Ithaca College, small 13 little gym. Before him was a comedian by the 14 name of Dick Gregory. 15 Well, I didn't quite agree with 16 Dick Gregory's politics at the time, so I took 17 a break and fortunately walked down to the 18 locker room. And lo and behold, there's Gene 19 Wright pulling up his trousers, there's Paul 20 Desmond shaving, there's Dave Brubeck talking 21 to Gene Wright. I was never so excited in my 22 entire life. I was just beside myself. And I 23 thank Ithaca College for inviting Dick Gregory 24 for the rest of my life. 25 Then, last September, Dave Brubeck

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(518) 371-8910 1 came back to Syracuse at age 85, or soon to be 2 85 years old, played at the Civic Center 3 there. The most marvelous, beautiful music, 4 and his gentle way in presenting that music 5 and explaining it is something also I'll never 6 forget. And I met him for the first time that 7 day. 8 I'm going to tell you, if someone 9 is in this room that has never heard their 10 music, you've really got to be -- or those who 11 have heard his music, you will be at SPAC at 12 the end of June. That place should be filled. 13 We are honored to have you here 14 today. And I speak for everybody here: 84 15 more great years. And keep playing as long as 16 you possibly can, because you've been a great 17 ambassador for the United States of America 18 throughout this world. 19 Thank you very much. 20 On the resolution, all those in 21 favor signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT DeFRANCISCO: 24 Opposed. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT DeFRANCISCO: 2 The resolution unanimously passes. 3 And thank you, David Brubeck, for 4 your fabulous life of music. 5 (Standing ovation.) 6 ACTING PRESIDENT MAZIARZ: 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 this is really a special day, with Dave 10 Brubeck, and there's so many young people 11 here. 12 Would you please recognize Senator 13 Young. I think she'd like to comment on one 14 other special person we have here today. 15 ACTING PRESIDENT MAZIARZ: 16 Senator Young. 17 SENATOR YOUNG: I'm very pleased 18 because we are joined by a very special 19 person. 20 And we all remember in this room a 21 few years ago we passed legislation to require 22 AEDs, automatic external defibrillators, in 23 all of the school districts across the state. 24 And since that time, 23 lives have been saved. 25 And I'm very pleased to report that

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(518) 371-8910 1 a young man is here. He's 18 years old. He's 2 a senior at Perry Central School in Senator 3 Volker's district, and he lives in Leicester. 4 But he was at a school district in 5 Franklinville, in my district, a few months 6 ago. He was at a wrestling match, he won his 7 match. And afterward he went to call his 8 girlfriend on his cell phone in the bleachers, 9 and he collapsed. He went into convulsions, 10 and his heart actually stopped. 11 There were two people from my 12 district, a trainer and an athletic director, 13 Melissa O'Brien and William Weigel, who got 14 the AED and were able to stabilize and revive 15 him, and he went to the hospital. Since that 16 time, he has had open-heart surgery. But the 17 doctors say that he is just fine. 18 So I just wanted to let everyone 19 know here today that here's someone tangible 20 whose life you helped save. And I just want 21 to thank you for supporting that legislation. 22 And I wanted to really recognize 23 this young man, because he has taken the 24 initiative to be here today, with the American 25 Heart Association, to let us know how

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(518) 371-8910 1 important these issues actually are. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you. 4 Senator Skelos. 5 SENATOR YOUNG: Excuse me, Mr. 6 President. 7 ACTING PRESIDENT MAZIARZ: 8 Senator Young. 9 SENATOR YOUNG: His name is Ben 10 Rice. And his father is here also, and his 11 name is Steve Rice. 12 ACTING PRESIDENT MAZIARZ: Thank 13 you, Senator Young. 14 On behalf of Senator Bruno and 15 Senator Paterson and the New York State 16 Senate, we welcome you. Thank you very much. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 could we have Resolution 4331, by Senator 20 Flanagan, read title only and move for its 21 immediate adoption. 22 ACTING PRESIDENT MAZIARZ: The 23 Secretary will read. 24 THE SECRETARY: By Senator 25 Flanagan, Legislative Resolution Number 4331,

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(518) 371-8910 1 honoring Jerrold Lieblich of East Setauket, 2 New York, upon the occasion of capturing one 3 of the top ten prizes in the prestigious Intel 4 Science Talent Search. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Flanagan, on the resolution. 7 SENATOR FLANAGAN: Thank you, Mr. 8 President. 9 We just had, obviously, Dave 10 Brubeck and a fine young man who happened to 11 survive, so it's a notable day here in the 12 State Senate, as always. 13 I want to introduce to the body 14 Jerrold Lieblich, who is from East Setauket, 15 who is one of the top ten finalists in the 16 country, placed fifth in the nation, got a 17 $25,000 scholarship. He's here with his 18 mother today. And we have passed a 19 legislative resolution honoring his 20 achievements. 21 He did a cognitive psychology study 22 around an audiovisual illusion called the 23 "McGurk effect." And for that he was able to 24 distinguish himself and get a phenomenal 25 scholarship; he will be attending Yale in the

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(518) 371-8910 1 fall. 2 And when we talk about education -- 3 we had a whole bunch of students in here -- 4 these are the kinds of things that we should 5 all be proud of. When people talk about all 6 the bad things in education, part of our 7 obligation is to make sure that we're talking 8 about the people who, at 17, love Dave 9 Brubeck, love jazz, play the piano, are in the 10 Latin club and have gotten all kinds of math 11 and Latin awards and make us proud to be 12 representatives, certainly in the Three 13 Village School District. 14 And I just want to congratulate 15 Jerrold and his family. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MAZIARZ: Thank 18 you, Senator Flanagan. 19 Jerrold, we certainly welcome you 20 to the Senate. 21 Senator LaValle, I'm sorry. 22 SENATOR LaVALLE: Mr. President, 23 I'd like to speak on the resolution. 24 I've actually had the opportunity 25 to know Jerry's mom, Perri Fitterman, who is

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(518) 371-8910 1 here, and Jerry's grandmother, Marilyn 2 Fitterman. And Marilyn, by the way, was the 3 New York State president of NOW and has done 4 lots of good things, as has Perri. And now we 5 are here in the Senate chamber honoring Jerry. 6 As Senator Flanagan said, we not 7 only honor him for his intellectual skills and 8 finishing fifth in national competition in the 9 Intel competition, but the thing that always 10 amazes me, if we look at what he has done at 11 this young age, it's page after page after 12 page. But it demonstrates that he is very 13 diversified in athletics, in music, in other 14 outside areas of volunteerism. He is really a 15 renaissance man at a very, very young age. 16 And, Jerry, just as we honored Dave 17 Brubeck, I expect that someday you're going to 18 return to this Senate chamber and you're going 19 to be recognized for some invention or 20 something that you have accomplished in the 21 area of science. So we honor you here today, 22 and this honor is well deserved. 23 Congratulations. 24 ACTING PRESIDENT MAZIARZ: The 25 question is on the resolution. All in favor

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT MAZIARZ: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT MAZIARZ: The 7 resolution is adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could go to the noncontroversial reading 11 of the calendar. 12 ACTING PRESIDENT MAZIARZ: The 13 Secretary will read. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 before we go to the noncontroversial reading 17 of the calendar, I believe there are some 18 motions and substitutions to be made. 19 ACTING PRESIDENT MAZIARZ: 20 Senator Farley. 21 SENATOR FARLEY: Thank you, 22 Mr. President. 23 On behalf of Senator Golden, I move 24 that the following bill be discharged from its 25 respective committee and be recommitted with

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(518) 371-8910 1 instructions to strike the enacting clause. 2 That's Senate Print 7635. 3 ACTING PRESIDENT MAZIARZ: So 4 ordered. 5 SENATOR FARLEY: Mr. President, I 6 wish to call up, on behalf of Senator 7 Nozzolio, his bill 1973C, which was recalled 8 from the Assembly and it's now at the desk. 9 ACTING PRESIDENT MAZIARZ: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 598, by Senator Nozzolio, Senate Print 1973C, 13 an act to amend the Energy Law. 14 SENATOR FARLEY: I now move to 15 reconsider the vote by which this bill was 16 passed. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 SENATOR FARLEY: I now offer the 22 following amendments. 23 ACTING PRESIDENT MAZIARZ: The 24 amendments are received. 25 SENATOR FARLEY: Mr. President, I

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(518) 371-8910 1 offer amendments to the following Third 2 Reading Calendar bills: 3 On behalf of Senator Nozzolio, on 4 page 22, Calendar 244, Senate Print 6471A; 5 On behalf of Senator LaValle, on 6 page 36, Calendar 590, Senate Print 2620; 7 On behalf of yourself, Senator 8 Maziarz, on page 38, Calendar Number 626, 9 Senate Print 7175; 10 On behalf of Senator Golden, on 11 page 46, Calendar 748, Senate Print 7239; 12 On behalf of Senator Spano, page 13 46, Calendar Number 750, Senate Print 7316; 14 And on behalf of Senator Maziarz, 15 on page 47, Calendar 753, Senate Print 7321. 16 Mr. President, I move that these 17 bills retain their place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT MAZIARZ: The 20 amendments are received, and the bills will 21 retain their place on the Third Reading 22 Calendar. 23 Senator Fuschillo. 24 SENATOR FUSCHILLO: Thank you, 25 Mr. President.

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(518) 371-8910 1 On behalf of Senator Larkin, on 2 page number 32, I offer the following 3 amendments to Calendar Number 517, Senate 4 Print 6880, and ask that said bill retain its 5 place on Third Reading Calendar. 6 ACTING PRESIDENT MAZIARZ: The 7 amendments are received, and the bill will 8 retain its place on Third Reading Calendar. 9 The Secretary will read the 10 substitutions. 11 THE SECRETARY: On page 32, 12 Senator Larkin moves to discharge, from the 13 Committee on Racing, Gaming and Wagering, 14 Assembly Bill Number 7886A and substitute it 15 for the identical Senate Bill Number 2634A, 16 Third Reading Calendar 512. 17 ACTING PRESIDENT MAZIARZ: 18 Substitution ordered. 19 The Secretary will read the 20 noncontroversial calendar. 21 THE SECRETARY: Calendar Number 22 417, by Senator Young, Senate Print 6499, an 23 act to amend the Town Law and the Public 24 Officers Law. 25 ACTING PRESIDENT MAZIARZ: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 471, by Senator Balboni, Senate Print 6760, an 12 act to amend the Retirement and Social 13 Security Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MAZIARZ: 22 Senator Duane. 23 To explain your vote, Senator 24 Duane? 25 SENATOR DUANE: Thank you,

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(518) 371-8910 1 Mr. President. Yes, Mr. President. 2 I'll be voting for this bill, which 3 provides credit to members of the public 4 retirement systems of this state for military 5 service while serving regarding certain 6 hostilities in Afghanistan. 7 And I'm sure that many of these 8 brave soldiers, when they return, will be 9 suffering from posttraumatic stress disorder 10 as a result of what they've gone through in 11 Afghanistan. And I'm sure that the Veterans 12 Administration -- although there have been a 13 lot of cuts to it recently, unfortunately -- 14 will be providing the proper mental health 15 treatment for posttraumatic stress disorder. 16 Unfortunately, there are countless 17 New Yorkers who also suffer from posttraumatic 18 stress who can't afford the proper mental 19 health treatment. Now, if the state passed 20 Timothy's Law, all New Yorkers could get the 21 mental health and chemical addiction treatment 22 they desperately need. It's now May, and we 23 have yet to see Timothy's Law come to the 24 State Senate. I don't know why that is. 25 We need to pass Timothy's Law. We

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(518) 371-8910 1 need to tell New Yorkers that their mental 2 health is important. This is a matter of life 3 and death. 4 I'll be voting yes, Mr. President. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Duane will be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT MAZIARZ: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 482, by Senator Larkin, Senate Print 6613, an 14 act to authorize approval. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 512, substituted earlier today by Member of 2 the Assembly of the Assembly DelMonte, 3 Assembly Print Number 7886A, an act to amend 4 the Racing, Pari-Mutuel Wagering and Breeding 5 Law. 6 ACTING PRESIDENT MAZIARZ: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 658, by Senator Padavan, Senate Print 1044, an 18 act to amend the Vehicle and Traffic Law. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is laid aside. 22 THE SECRETARY: Calendar Number 23 674, by Senator LaValle, Senate Print 5165, an 24 act to authorize. 25 ACTING PRESIDENT MAZIARZ: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MAZIARZ: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MAZIARZ: 8 Announce the results. 9 THE SECRETARY: Ayes, 58. Nays, 10 1. Senator Bonacic recorded in the negative. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 682, by Senator Morahan, Senate Print 7064, an 15 act to authorize. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 682 are 25 Senators Bonacic, Larkin and Rath.

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(518) 371-8910 1 Ayes, 56. Nays, 3. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 696, by Senator Farley, Senate Print 2857, an 6 act to amend the Banking Law. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 697, by Senator Farley, Senate Print 2859, an 19 act to amend the Banking Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of January. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MAZIARZ: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 726, by Senator Bonacic, Senate Print 6952A -- 7 SENATOR SKELOS: Lay it aside for 8 the day, please. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is laid aside for the day. 11 THE SECRETARY: Calendar Number 12 736, by Senator Meier, Senate Print 7041, an 13 act to amend Chapter 534 of the Laws of 2000 14 amending the Social Services Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect 60 days. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MAZIARZ: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 738, by Senator Meier, Senate Print 7044, an 2 act to amend Chapter 906 of the Laws of 1984 3 amending the Social Services Law. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 751, by Senator Spano, Senate Print 7317, an 16 act to amend the Labor Law. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect on the 30th day. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 752, by Senator Spano, Senate Print -- 4 SENATOR SKELOS: Lay it aside for 5 the day, please. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is laid aside for the day. 8 Senator Skelos, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR SKELOS: Can we go to the 11 controversial reading, please. 12 ACTING PRESIDENT MAZIARZ: The 13 Secretary will ring the bell for the reading 14 of the controversial calendar. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 658, by Senator Padavan, Senate Print 1044, an 18 act to amend the Vehicle and Traffic Law. 19 SENATOR SKELOS: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is laid aside for the day. 23 SENATOR SKELOS: Mr. President, 24 is there any further business at the desk? 25 ACTING PRESIDENT MAZIARZ:

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(518) 371-8910 1 Senator Skelos, that completes the reading of 2 the controversial calendar. 3 There is no further business at the 4 desk. 5 SENATOR SKELOS: There being no 6 further business to come before the Senate, I 7 move we stand adjourned until Tuesday, 8 May 2nd, at 3:00 p.m. 9 ACTING PRESIDENT MAZIARZ: On 10 motion, the Senate stands adjourned until 11 Tuesday, May the 2nd, at 3:00 p.m. 12 (Whereupon, at 3:50 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910