Friday, September 15, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 September 15, 2006 11 2:47 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, 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 THE PRESIDENT: The Senate will 3 please come to order. 4 Everyone is rising for the Pledge 5 of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: With us this 9 afternoon to give the invocation is the 10 Reverend Peter G. Young, of Mother Theresa 11 Community, in Albany. 12 REVEREND YOUNG: Let us pray. 13 In the desire to make us share in 14 God's love, to aid in gentle kindness, to help 15 those that are weak, sick, and unfortunate, it 16 is love for God that He has called us then to 17 show mercy. And, God, by Your love You made a 18 world where we have become neighbors to each 19 other, and we are enabled to love one another. 20 Grant that we do these good things 21 with the Senate, therefore, that will strive 22 toward a way of life in keeping with God's 23 plan. 24 But especially today we want to 25 remember the dedicated law officer that gave

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(518) 371-8910 1 his life to institute justice and to institute 2 a love for all people. We pray that You will 3 remember him in his most dedicated life. 4 Amen. 5 THE PRESIDENT: Reading of the 6 Journal. 7 THE SECRETARY: In Senate, 8 Thursday, September 14, the Senate met 9 pursuant to adjournment. The Journal of 10 Wednesday, September 13, was read and 11 approved. On motion, Senate adjourned. 12 ACTING PRESIDENT MAZIARZ: 13 Without objection, the Journal stands approved 14 as read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Bruno. 24 SENATOR BRUNO: Mr. President, if 25 we could adopt the Resolution Calendar, with

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(518) 371-8910 1 the exception of Resolutions 6374, 6396, and 2 6402. 3 ACTING PRESIDENT MAZIARZ: All in 4 favor of adopting the Resolution Calendar, 5 with the exceptions, signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MAZIARZ: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MAZIARZ: The 11 Resolution Calendar is adopted. 12 Senator Bruno. 13 SENATOR BRUNO: Mr. President -- 14 ACTING PRESIDENT MAZIARZ: Could 15 we have some order in the chambers, please. 16 Could we ask all members to please take their 17 place their seats in the chamber. 18 Will the Sergeant-at-Arms please 19 direct all the members to return to the 20 chamber. 21 SENATOR BRUNO: Mr. President, we 22 need whatever conversations that are not 23 directed to the chair to be outside. 24 And thank you, Mr. President. 25 ACTING PRESIDENT MAZIARZ: Thank

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(518) 371-8910 1 you, Senator Bruno. 2 Again, we'd ask the Sergent-at-Arms 3 to make sure that all conversations are taken 4 outside the chamber and that all members are 5 asked to please report to the chamber and take 6 their seats. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, I 9 believe that I have a privileged resolution at 10 the desk. I would ask at this time that it be 11 read in its entirety and move for its 12 immediate adoption. 13 ACTING PRESIDENT MAZIARZ: The 14 Secretary will read. 15 THE SECRETARY: By Senator Bruno, 16 Legislative Resolution Number 6439, mourning 17 the untimely death of Joseph Anthony 18 Longobardo, of Middle Grove, New York, and 19 paying tribute to his courageous actions as a 20 New York State Trooper. 21 "WHEREAS, It is the sense of this 22 Legislative Body to convey its grateful 23 appreciation and heartfelt regret in 24 recognition of the loss of courageous 25 individuals who dedicated their purposeful

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(518) 371-8910 1 lives and careers to serve and protect; and 2 "WHEREAS, Joseph Anthony 3 Longobardo, of Middle Grove, New York, died on 4 Sunday, September 3, 2006, at the age of 32; 5 and 6 "WHEREAS, New York State Trooper 7 Joseph Anthony Longobardo made the ultimate 8 sacrifice while faithfully executing his 9 responsibilities, serving with dedication, 10 loyalty and compassion; and 11 "WHEREAS, Born on May 24, 1974, in 12 Amsterdam, New York, Joseph Anthony Longobardo 13 is the son of Anthony and Gayle Longobardo. 14 He attended Marie Curie Eastside Elementary 15 School and was a 1992 graduate of Amsterdam 16 High School; and 17 "WHEREAS, In 1992, he enlisted in 18 the United States Marine Corps. After 19 completing boot camp and advanced training, he 20 was assigned to embassy duty, providing 21 high-level personal protection to dignitaries 22 at various posts, including Pakistan and 23 Uruguay; and 24 "WHEREAS, His decorations and 25 awards included the National Defense Service

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(518) 371-8910 1 Medal, Good Conduct Medal, Navy-Marine Corps 2 Overseas Service Ribbon, Rifle Expert Badge, 3 Pistol Expert Badge, and numerous letters of 4 appreciation and meritorious mast. Joseph 5 Anthony Longobardo was honorably discharged 6 from the United States Marine Corps as a 7 sergeant in January of 1997; and 8 "WHEREAS, Joseph Anthony Longobardo 9 was currently serving with the 109th Airlift 10 Wing as a master sergeant in the Security 11 Forces Squadron at Stratton Air Force Base in 12 Scotia, New York. While serving, he 13 participated in Operation Enduring Freedom and 14 Operation Noble Eagle. He was also a member 15 of the United States Air Force Security Forces 16 Phoenix Raven, a unit that responds to 17 critical incidents worldwide; and 18 "WHEREAS, He was a graduate of 19 Schenectady County Community College and the 20 American Military Institute, receiving degrees 21 in criminal justice; and 22 "WHEREAS, Trooper Joseph Anthony 23 Longobardo entered the New York State Police 24 Academy on November 2, 1998. Although his 25 first year was spent in Troop K at Dover

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(518) 371-8910 1 Plains, most of his time with the State Police 2 was spent at Troop G, assigned to the Fonda 3 barracks in Fultonville; and 4 "WHEREAS, During his eight-year 5 career, Joseph Anthony Longobardo received 6 numerous commendations for his investigations 7 and arrests. In 2002, he received a 8 commendation from the Montgomery County 9 District Attorney for his contributions in 10 successfully closing a murder investigation in 11 2001. He was awarded the Troop G, Zone 3 12 'Trooper of the Year' Award for 2004. He was 13 also a field training officer for probationary 14 troopers who had just graduated from the State 15 Police Academy, as well as a defensive tactics 16 instructor for recruits in the academy; and 17 "WHEREAS, Although he served in 18 numerous capacities, Trooper Joseph Anthony 19 Longobardo generally led his fellow troopers 20 in arrests -- DWI, drugs, misdemeanors and 21 felonies. After the terrorist attacks of 22 September 11th, he was recalled to active duty 23 in the New York Air National Guard for 24 approximately a year and a half, once again 25 filling in wherever needed; and

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(518) 371-8910 1 "WHEREAS, In 2006, Joseph Anthony 2 Longobardo was one of four troopers assigned 3 to Troop G who were selected to join the elite 4 Mobile Response Team, known as the MRT. In 5 June of 2006, he graduated from the six-month 6 MRT training session; and 7 "WHEREAS, In addition to his 8 parents, Anthony and Gayle Longobardo, 9 New York State Trooper Joseph Anthony 10 Longobardo is survived by his loving wife of 11 four years, Teri E. Longobardo; his 12 13-month-old son, Louis M. Longobardo; his 13 sister, Dawn Longobardo; father-in-law and 14 mother-in-law, Terry and Suzanne LeMere; 15 brothers-in-law Timothy LeMere and Thomas 16 LeMere; and sister-in-law Tricia LeMere; and 17 "WHEREAS, New York State Trooper 18 Joseph Anthony Longobardo lived his life with 19 great dignity and genuine grace, always 20 demonstrating a deep and continuing concern 21 for the welfare of others in the great State 22 of New York; now, therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to mourn the 25 untimely death of Joseph Anthony Longobardo of

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(518) 371-8910 1 Middle Grove, New York, noting the 2 significance of his contributions on behalf of 3 the citizens of this noble Empire State; and 4 be it further 5 "RESOLVED, That a copy of this 6 resolution, suitably engrossed, be transmitted 7 to the family of New York State Trooper Joseph 8 Anthony Longobardo." 9 ACTING PRESIDENT MAZIARZ: 10 Senator Bruno. 11 SENATOR BRUNO: Thank you, 12 Mr. President and colleagues. 13 We have Teri Longobardo here with 14 us; her mom and dad, as you heard, Suzanne and 15 Terry; Joe Longobardo's brothers, Tim, Tom; 16 sister-in-law Trish; other members of the 17 family; Gayle, his mom. 18 You just heard a chronicle that 19 took just a couple of minutes to review and 20 read, but it chronicled a lifetime of a hero. 21 We use the word "hero" many times in our daily 22 lives, and you wonder really if it isn't used 23 sometimes too loosely. But in this case, Joe 24 Longobardo is a hero. 25 You heard he spent his life, his

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(518) 371-8910 1 adult life in service to other people, in 2 service that put him in harm's way. You know, 3 our country, this state, our freedoms were 4 built on people who just lay down their plows, 5 left their places of business, left their 6 families and went to fight -- and are still 7 fighting, all over the world, to keep us free. 8 Joe stepped up early in his life, 9 went into the Marines, distinguished himself, 10 a decorated Marine. And when he got out of 11 the Marines, where he was constantly at risk, 12 he was in the U.S. Air Force Reserve, as you 13 heard, as a sergeant, again placing himself in 14 a position to be called anywhere at any time. 15 And when he was in the troopers, 16 Joe wasn't satisfied to be a trooper. And 17 being a trooper is quite a challenge in 18 itself. Because all of us that enjoy a 19 quality of life here, we enjoy a quality of 20 life. Why? Because we can be in our homes 21 safely, places of business, on the street. 22 Why? Because we have troopers. We have law 23 enforcement. We have people who are willing 24 to get up in the morning, not sleep at night, 25 to protect us here, everywhere, wherever you

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(518) 371-8910 1 go. And how do they do it? Constantly by 2 putting themselves in harm's way, putting 3 themselves out front. 4 Joe Longobardo was one of an elite 5 group of four in the troopers that were like 6 called into duty when things were extreme and 7 hazardous. Didn't have to do that. Took 8 specialized training, specialized commitment, 9 special courage. You think about it: Day, 10 night, being called upon. 11 He was called upon when this 12 desperado, this demented individual, really, 13 who had already shot a trooper was in the 14 woods out in the western part of the state. 15 Joe, with Trooper Baker -- to whose family we 16 extend our prayers and our thoughts, because 17 he presently is in a coma; he was the partner 18 there with Joe and was shot at the same time. 19 Now, Joe was there with Trooper 20 Baker, not knowing that this individual was 21 sneaking like a rodent there in the woods with 22 a rifle, .308 high-powered rifle that can 23 shoot, if it has to, 2 miles, with 24 armor-piercing bullets. And Joe was doing 25 everything that he should do and could do.

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(518) 371-8910 1 And this person, when you think about it, 2 wasn't facing them in any way, wasn't 3 challenging them in any way, sneaks up and 4 shoots them. And as a consequence, Joe's life 5 was taken. 6 Now, Joe knew every day that he got 7 up that his life was on the line. Teri, his 8 wife that's here in the front, next to the 9 trooper, and his mom and dad -- Gayle, Tony -- 10 your mom and dad, brothers, sisters, in-laws, 11 they're a great, great family. They're a 12 family of teachers. Teri is a teacher. 13 They're a family of givers, sharers. So Joe 14 comes with that heritage. 15 But, Teri, we just want you to know 16 in the Senate, and with our colleagues in the 17 Assembly, and everyone in government -- and I 18 know, I heard the Governor speak this past 19 week at Joe's funeral. Where, by the way, 20 6,500 law enforcement people came from all 21 over this country to pay their respects, from 22 Canada, to pay their respects. They didn't 23 have to do that. They could have sent notes, 24 they could have called, they could have been 25 represented, they came themselves to pay their

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(518) 371-8910 1 respects to a hero. 2 Teri and Joe have a son, 3 13-month-old Louis. Now, Louis is going to 4 grow up, you're going to go on with your life, 5 because you have the courage. You are going 6 to be the living part of the heritage that 7 your husband leaves. And this resolution that 8 we pass here today that everyone will vote on, 9 and hopefully all will sign on as sponsors, 10 this will become a permanent record of the 11 history of this state. So when Louis grows 12 up, his children and his grandchildren will 13 recognize by the number of this resolution 14 which you heard and that will pass here today. 15 So it's our privilege to pass a 16 resolution honoring an individual like your 17 husband, who represents all of the good things 18 that make our lives here in this state -- and 19 really throughout the country and throughout 20 the world for free people -- what our lives 21 are. 22 And without him stepping up -- and 23 we just extend our thoughts be our prayers and 24 our condolences, because he gave his life so 25 that we could be here, like this, legislating

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(518) 371-8910 1 in freedom, and people like us all over the 2 world governing in freedom. That's Joe's 3 heritage. That was his commitment, and that 4 was his sacrifice. 5 So, Teri, on behalf of the Senate, 6 again, we extend our best thoughts to you and 7 to your family and to your future and to 8 Louis's, and our constant prayers. God bless. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MAZIARZ: Thank 11 you, Senator Bruno. 12 Senator Paterson. 13 SENATOR PATERSON: Thank you, 14 Mr. President. 15 And thank you to the Majority 16 Leader for clearly outlining the service of 17 the late Trooper Joseph Longobardo, and 18 recognizing his family, who through their own 19 pain are able to join with us today in a 20 harmonious celebration of his life and the 21 warmest prayers that we have for his family -- 22 for his wife, Teri; his son of 13 months, 23 Louis; his parents, Anthony and Gayle; and for 24 all the other family members who have been 25 able to come and join us here today.

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(518) 371-8910 1 It's very difficult for us to think 2 of the words that would express our most 3 heartfelt feelings for all of you being able 4 to pull together and resume your lives. Also 5 how difficult it is for all of us to 6 comprehend such a heinous crime, attacking two 7 state troopers -- doing their jobs, doing 8 their duty -- in the middle of the night, from 9 the back, in such a vicious manner as Senator 10 Bruno described. 11 You wonder what kind of a mind 12 feels comfortable taking that kind of an 13 action. And certainly that our society will 14 punish that individual to the full extent of 15 the law is in the hearts of all of us who are 16 here today. 17 Senator Bruno pointed out the great 18 work that Joseph Longobardo performed. He was 19 a member of Troop G -- I had a roommate for 20 six or seven years, a trooper who was in Troop 21 G -- he did a short stint in Troop K and then 22 went back to Troop G. And his tremendous 23 heroism even at the time of his shooting, how 24 he went to the aid of his partner, Donald 25 Baker, for whom prayers are required from us

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(518) 371-8910 1 now as he still suffers in a hospital in 2 Pennsylvania. 3 And that this was not just the 4 outpouring of effort by one state trooper, it 5 really is collectively the feeling and the 6 courage of so many law enforcement officials, 7 8,000 to 10,000 strong, who attended this 8 particular funeral. 9 After 21 years of public service, I 10 thought that you'd start to feel tired or 11 jaded going to these types of funerals. And 12 what I find is you feel more enraged and more 13 shocked at the families left behind, the work 14 not completed, and the terrible stain on our 15 society that we have predators in our society 16 that commit crimes of such magnitude and 17 negativity. 18 We are so proud of the work that 19 Trooper Longobardo and those who were there, 20 what they did. And this is the third time 21 I've watched this, is all the law enforcement 22 officials present marched up to the front of 23 the church and marched past the casket and 24 out. It took over an hour for all of them to 25 go through as briskly as they did.

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(518) 371-8910 1 But it made a statement about our 2 society, it made a statement about our 3 government and it made a statement about the 4 democracy in which we live, that we will be 5 undaunted by these tragedies, we will not in 6 any way be inhibited by the attacks on our 7 country or the symbols of law enforcement in 8 our country, and we will not give up the great 9 dream that we have for freedom and equality 10 for all people at the behest of this disaster 11 that occurred in our state, the third such 12 instance of loss for the New York State 13 Police. And unfortunately, and tragically, we 14 kind of know that this is part of the danger 15 that accompanies the jobs they perform. 16 And so in great homage that we pay 17 for those who have paid the ultimate price, we 18 should pause in our deliberations as residents 19 of the State of New York just to take a second 20 look at all of our law enforcement officials 21 who march among us, to know the tremendous 22 effort that they wage and the tremendous risks 23 that their families take by having them 24 perform that function. 25 It makes us proud to be New Yorkers

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(518) 371-8910 1 and, even in the sadness of this moment, makes 2 us raise afresh and know that we will hew the 3 enemies of freedom and justice down -- over 4 and over, if it takes it -- to preserve the 5 great democracy in which we live. 6 Thank you, Mr. President. 7 ACTING PRESIDENT MAZIARZ: Thank 8 you, Senator Paterson. 9 The question is on the resolution. 10 All in favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT MAZIARZ: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT MAZIARZ: Teri, 16 Mr. and Mrs. Longobardo, on behalf of all the 17 members of the New York State Senate, I want 18 to offer you our heartfelt condolences and 19 also, and more importantly, our heartfelt 20 thanks for the service of your husband and son 21 Joseph. Thank you. 22 The resolution is adopted. 23 SENATOR BRUNO: Mr. President. 24 ACTING PRESIDENT MAZIARZ: 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: And, Teri, would 2 you stand up and just let the members 3 acknowledge Teri. 4 (Extended standing ovation.) 5 ACTING PRESIDENT MAZIARZ: 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, 8 can I ask that we put all of the chamber 9 members on the resolution unless they would 10 quietly go up to the desk and indicate 11 otherwise. 12 ACTING PRESIDENT MAZIARZ: So 13 ordered. 14 SENATOR BRUNO: Thank you, 15 Mr. President. 16 ACTING PRESIDENT MAZIARZ: 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, I 19 believe there is another privileged resolution 20 at the desk, by Senators LaValle and Trunzo. 21 I would ask that the title be read and move 22 for its immediate adoption. 23 ACTING PRESIDENT MAZIARZ: The 24 Secretary will read. 25 THE SECRETARY: By Senators

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(518) 371-8910 1 LaValle and Trunzo, Legislative Resolution 2 Number 6449, mourning the untimely death of 3 New York City Fire Department Lieutenant 4 Howard Carpluk, distinguished citizen and 5 devoted member of his community. 6 ACTING PRESIDENT MAZIARZ: 7 Senator LaValle. 8 SENATOR LaVALLE: Thank you, 9 Mr. President. 10 Howard Carpluk gave his life on 11 August the 28th, fighting a four-alarm fire in 12 the Bronx. He gave his life to ensure that 13 those under his oversight were doing what they 14 needed to do. And in the line he gave his 15 life, along with another young, probationary 16 firefighter, Michael Reilly. 17 Howard Carpluk, however, being a 18 lieutenant, demonstrated leadership not only 19 in the department but in his community. He 20 was certainly loved by his family, but he was 21 loved and respected by those that he worked 22 with. 23 Howard Carpluk gave, donated his 24 organs upon his death, so in our society there 25 are some very lucky people that will also, I

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(518) 371-8910 1 am sure, capture his spirit, his energy, and 2 his humanity for his fellow well-being. 3 And certainly we, with the family, 4 are very appreciative of what he gave to us, 5 and we know he's looking down, and in a very 6 happy way -- because one of the things I 7 understand is that he loved to be a practical 8 jokester, so I am sure that both at the 9 firehouse and at home there will be funny 10 things that will continue to happen. We 11 respect what he has done very much. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MAZIARZ: Thank 14 you, Senator LaValle. 15 Senator Trunzo. 16 SENATOR TRUNZO: Thank you, 17 Mr. President. 18 Although he was a firefighter that 19 lived in my district, Lieutenant Howard 20 Carpluk, Jr., I really didn't know 21 Mr. Carpluk. 22 But the type of reception that he 23 received the day of his wake in the town of 24 Islip was really amazing and fantastic, with 25 firefighters coming from all over the country

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(518) 371-8910 1 in order to pay homage to their man. As I 2 say, I didn't know Mr. Carpluk, but he 3 certainly had tied up the entire town of Islip 4 for many, many hours, with every street and 5 the main street was really packed, and nobody 6 could really get around, even to get to the 7 funeral parlor that was there. 8 But I pay respects to him and his 9 wife, Debra, and their children on this 10 occasion of his death, and wish him and 11 Mr. Reilly, the other firefighter who also 12 passed away for the same fire, I wish them 13 whatever necessary, that God is watching over 14 them and will be with them forever. 15 Thank you. 16 ACTING PRESIDENT MAZIARZ: Thank 17 you, Senator Trunzo. 18 Senator LaValle. 19 SENATOR LaVALLE: Can we open the 20 resolution to all the members of the house? 21 ACTING PRESIDENT MAZIARZ: Any 22 member not wishing to be on the resolution 23 please report to the desk. 24 The question is on the resolution. 25 All in favor signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT MAZIARZ: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MAZIARZ: The 6 resolution is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a privileged resolution at the desk, 10 6448, by Senator Spano. Could we have the 11 title read and move for its immediate 12 adoption. 13 ACTING PRESIDENT MAZIARZ: The 14 Secretary will read. 15 THE SECRETARY: By Senator Spano, 16 Legislative Resolution Number 6448, mourning 17 the untimely death of Firefighter Michael C. 18 Reilly, distinguished citizen and devoted 19 member of his community. 20 ACTING PRESIDENT MAZIARZ: 21 Senator Spano. 22 SENATOR SPANO: Mr. President, 23 the only thing Michael Reilly ever really 24 wanted to do, his life's goal, was to be a 25 New York City firefighter.

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(518) 371-8910 1 He served our country, he was a 2 Marine, he served us in Iraq, was in Baghdad, 3 was part of an elite rescue squad. Grew up in 4 New Jersey, where he was a volunteer with the 5 rescue squad there starting at age 16. See, 6 the only thing he ever really thought about, 7 the only job he ever really wanted was to be a 8 New York City firefighter. 9 And he got his goal. And then on 10 August 27th, while he was battling that 11 four-alarm fire in the Bronx, he lost his 12 life. Lost his life as a firefighter, but 13 what made it even hurt more was as a 14 probationary firefighter, with his lieutenant 15 at his side. 16 It made it even more profound as we 17 see our police officers and our firefighters 18 on a daily basis who put on that uniform and 19 go to work and never quite know what kind of 20 day they're going to have and whether or not 21 they're going to even return. 22 So we have this resolution, which 23 is a very small way that we can somewhat 24 acknowledge the life of someone who is a 25 resident in Westchester County, served us in

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(518) 371-8910 1 Engine Company 75 in the Bronx. He is 2 survived by his parents, Michael and Monica 3 Reilly, his brother, Kevin, and his sister, 4 Erin. 5 The family suffered a tremendous 6 loss. The family of firefighters suffered a 7 tremendous loss. The family of uniformed 8 service workers who protect us every day all 9 shared that loss. And we today join with 10 their family members and all of their brothers 11 and sisters across this state in mourning his 12 death and celebrating his bravery and life, 13 the bravery and life of firefighter Michael 14 Reilly. 15 Thank you, Mr. President. 16 ACTING PRESIDENT MAZIARZ: Thank 17 you, Senator Spano. 18 The question is on the resolution. 19 All in favor signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MAZIARZ: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MAZIARZ: The 25 resolution is adopted.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could open that resolution to 4 cosponsorship. If any member wishes not to 5 cosponsor the resolution, they should notify 6 the desk. 7 Mr. President, there's a resolution 8 at the desk, 6374, by Senator Larkin. Could 9 we have the title read and move for its 10 immediate adoption. 11 ACTING PRESIDENT MAZIARZ: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Larkin, Legislative Resolution Number 6374, 15 memorializing Governor George E. Pataki to 16 proclaim Friday, September 29, 2006, as Orange 17 County Veterans Memorial Day in the State of 18 New York. 19 ACTING PRESIDENT MAZIARZ: The 20 question is on the resolution. All in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MAZIARZ: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: The 2 resolution is adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could open that up for cosponsorship. 6 Anybody who wishes not to cosponsor the 7 resolution should notify the desk. 8 There's a resolution at the desk, 9 Mr. President, Resolution 6402, by Senator 10 Maltese. If we could have the title read and 11 move for its immediate adoption. 12 ACTING PRESIDENT MAZIARZ: Any 13 member wishing not to be on that last 14 resolution please report to the desk. 15 The Secretary will read Senate 16 Resolution 6402. 17 THE SECRETARY: By Senator 18 Maltese, Legislative Resolution Number 6402, 19 honoring the members of the Fire Department of 20 the City of New York and the Port Authority of 21 New York and New Jersey for their sacrifices 22 made on September 11, 2001. 23 ACTING PRESIDENT MAZIARZ: The 24 question is on the resolution. All in favor 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT MAZIARZ: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MAZIARZ: The 6 resolution is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: If we could open 9 it up for cosponsorship, please. 10 ACTING PRESIDENT MAZIARZ: The 11 resolution is opened up for cosponsorship. 12 Any member not wishing to be on the resolution 13 should report to the desk. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could just stand at ease for about 17 30 seconds. 18 ACTING PRESIDENT MAZIARZ: The 19 Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 3:20 p.m.) 22 (Whereupon, the Senate reconvened 23 at 3:23 p.m.) 24 ACTING PRESIDENT MAZIARZ: The 25 Senate is called back to order.

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(518) 371-8910 1 Could we please have some order in 2 the room. We have a most important 3 resolution. 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, I 6 believe I have a privileged resolution at the 7 desk, Number 6396. 8 ACTING PRESIDENT MAZIARZ: The 9 Secretary will read. 10 SENATOR BRUNO: In its entirety. 11 ACTING PRESIDENT MAZIARZ: In its 12 entirety. 13 SENATOR BRUNO: And I would then 14 move for its immediate adoption. 15 ACTING PRESIDENT MAZIARZ: Thank 16 you, Senator Bruno. 17 Could we please have some order. 18 THE SECRETARY: By Senator Bruno, 19 Legislative Resolution Number 6396, 20 congratulating the East Greenbush/Castleton 21 Little League 9-and-10-year-old All-Star Team 22 upon the occasion of capturing the 2006 23 New York State Championship. 24 "WHEREAS, Athletic competition 25 enhances the moral and physical development of

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(518) 371-8910 1 the young people of this state, preparing them 2 for the future by instilling in them the value 3 of teamwork, encouraging a standard of healthy 4 living, imparting a desire for success, and 5 developing a sense of fair play and 6 competition; and 7 "WHEREAS, Attendant to such 8 concern, and in full accord with its 9 long-standing traditions, it is the sense of 10 this Legislative Body to congratulate the East 11 Greenbush/Castleton Little League 12 9-and-10-year-old All-Star Team upon the 13 occasion of capturing the 2006 New York State 14 Championship; and 15 "WHEREAS, On the way to the 2006 16 New York State Championship, the East 17 Greenbush/Castleton Little League 18 9-and-10-year-old All-Star Team secured the 19 New York State District 14 and Section 2 20 championships, and outscored its opponents 21 129-11, to finish with an 11-0 record; and 22 "WHEREAS, The athletic talent 23 displayed by this team is due in great part to 24 the efforts of Manager Tom Hall and Coach 25 Steve Casavant, skilled and inspirational

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(518) 371-8910 1 tutors who have done a superb job in guiding, 2 molding and inspiring the team members toward 3 their goals; and 4 "WHEREAS, Loyally and 5 enthusiastically supported by family, fans, 6 friends and the community at large, the 7 members of the East Greenbush/Castleton Little 8 League 9-and-10-year-old All-Star team have 9 clearly made a contribution to the spirit of 10 excellence which is a tradition of Rensselaer 11 County; and 12 "WHEREAS, Sports competition 13 instills the values of teamwork, pride and 14 accomplishment, and the outstanding athletes 15 on the East Greenbush/Castleton Little League 16 9-and-10-year-old All-Star Team have clearly 17 proven themselves to be a reflection of those 18 values; and 19 "WHEREAS, It is the sense of this 20 Legislative Body that when young people who 21 represent their community with pride and 22 determination while participating in 23 competitive sports are brought to our 24 attention, they should be celebrated and 25 recognized by all the citizens of the great

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(518) 371-8910 1 State of New York; now, therefore, be it 2 "RESOLVED, That this Legislative 3 Body pause in its deliberations to 4 congratulate the East Greenbush/Castleton 5 Little League 9-and-10-year-old All-Star team, 6 its members -- Tyler Casavant, Kyle Gronostaj, 7 Kyle Hall, Ryan Henchey, T.J. Hickey, Zach 8 Kivitz, Jack Masseroni, Ryan Puentes, Tyrell 9 Ramsey, Jimmy Smith, Kevin Smith, and Mark 10 Uhlig -- Coach Steve Casavant, and Manager Tom 11 Hall upon the occasion of capturing the 2006 12 New York State Championship; and be it further 13 "RESOLVED, That copies of this 14 resolution, suitably engrossed, be transmitted 15 to the East Greenbush/Castleton Little League 16 9-and-10-year-old All-Star Team, Coach Steve 17 Casavant and Manager Tom Hall." 18 ACTING PRESIDENT MAZIARZ: 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President and 21 colleagues, you just heard about a 22 championship team. Now, I want you to know 23 that it is my privilege to be the Senator of 24 this championship team. And you do me a great 25 honor by being state champs. And I know

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(518) 371-8910 1 you're out there. 2 Now, I want to think about this. 3 Tom, I know that you will be -- Neil, these 4 are neighbors of yours right here. Right? 5 Right there. See them? They're 6 9-and-10-year-olds. 7 Now, think about this. They won 11 8 games straight in the sections to get to the 9 championships. And then -- where's Senator 10 Maltese? They defeated your team, I'm sorry, 11 right here. 12 (Laughter.) 13 SENATOR BRUNO: And on their way, 14 they scored 129 runs against 11. Think of 15 that. Sorry, Senator, they defeated your team 16 9 to 2. Right? 17 And look at them. They had a 18 batting average of .414. That's almost one 19 for two. 20 You are All-Stars. You are 21 champions. And this resolution is going to be 22 part of the history of this state. And when 23 you go on doing the kinds of things that 24 you're doing, with the support of your 25 parents, your friends, Tom Hall, your manager,

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(518) 371-8910 1 Steve Casavant, who's here, you are going to 2 continue the great tradition of being a 3 champion. You're champions, state champs. 4 That is some accomplishment and some honor. 5 But you know what's important? 6 They're dedicated, they're committed, they're 7 enthusiastic. They're good, young citizens. 8 Good students. Good friends. Good children. 9 Your parents are proud of you. Your teachers 10 are proud of you. You know what? I'm proud 11 of you. And everybody in this chamber is 12 proud of you. 13 So congratulations to your parents 14 and to all of you. Now you go on with your 15 life, as you go on through school, you 16 continue to do the kinds of things that make 17 you individually champions. And by working 18 together, as a team, you become team 19 champions. And that's what makes our lives 20 what they are: working together, supporting 21 each other, being the best that you can be. 22 So right now you're the best that 23 you can be as the champions of New York State 24 in your league. Congratulations to all of 25 you, and God bless you.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MAZIARZ: Thank 3 you, Senator Bruno. 4 The question is on the resolution. 5 All in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MAZIARZ: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MAZIARZ: The 11 resolution is adopted. 12 Congratulations very much, boys. 13 We appreciate you being here today. 14 (Applause.) 15 ACTING PRESIDENT MAZIARZ: 16 Senator Bruno. 17 SENATOR BRUNO: And, 18 Mr. President, can we at this time return to 19 reports of standing committees. 20 I believe there's a report from the 21 Judiciary Committee, and I would ask that it 22 be read at this time. 23 ACTING PRESIDENT MAZIARZ: The 24 Secretary will read. 25 THE SECRETARY: Senator

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(518) 371-8910 1 DeFrancisco, from the Committee on Judiciary, 2 reports the following nomination. 3 As an Associate Judge of the Court 4 of Appeals, Honorable Eugene F. Pigott, Jr., 5 of Grand Island. 6 ACTING PRESIDENT MAZIARZ: 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: I rise to 9 proudly move the nomination of Eugene F. 10 Pigott, Jr., of Grand Island, as associate 11 judge of the Court of Appeals. 12 We had a Judiciary Committee 13 meeting yesterday, we have reviewed his 14 qualifications, and the nominee was 15 recommended unanimously by that committee to 16 the full Senate for his confirmation. 17 Briefly, I would just like to say 18 that I've known Judge Pigott. I know not only 19 that he is an excellent judge, an excellent 20 lawyer, but an excellent and wonderful person 21 with integrity that we need on the bench. 22 I particularly applaud the 23 Governor's appointment because Judge Pigott 24 has common sense, good experience from 25 actually being in the trenches to try cases.

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(518) 371-8910 1 And I think that's a quality that all judges 2 should have that are passing upon the results 3 of various trials that take place in courts 4 below. 5 He is a man of integrity and a man 6 that we really are proud to recommend to the 7 full Senate. 8 And to second that nomination, I 9 would like to call on Senator Dale Volker. 10 ACTING PRESIDENT MAZIARZ: Thank 11 you, Senator DeFrancisco. 12 Could we just have a little bit of 13 order in the room, please. 14 Senator Bruno. 15 SENATOR BRUNO: Thank you, 16 Mr. President. Thank you, Senator. 17 I am just going to add a comment to 18 Judge Pigott and really commend the Governor 19 for such a fine selection of an outstanding 20 individual who has in his life so far 21 accomplished some great things. 22 And he probably couldn't have done 23 those great things without his wife, Peggy, 24 who is there by his side; without his 25 daughter, Martha, that's there on his left;

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(518) 371-8910 1 and without his son, Captain David Pigott, who 2 is at this time in Iraq and we hope maybe on 3 the Internet, following this proceeding. 4 This is a distinguished family, 5 this is a distinguished gentleman, this is a 6 man who has excelled in his life in public 7 service. And we are really proud to have this 8 nomination on the floor. 9 And I know that all of us here will 10 be proud to be supportive and to see you go 11 on, Judge, in the great work that you have 12 been doing in the great tradition of the 13 judges of the Court of Appeals in this state, 14 who most of the time make great decisions and 15 right decisions. And on occasions they do 16 some things that may need your diligence and 17 your review, but that will come with time. 18 Thank you very much and 19 congratulations to you. God bless you and 20 your family and your work. Thank you to your 21 son for his valor and his bravery and being in 22 service just keeping people free throughout 23 the world. You can be proud of him, as you 24 are of your daughter, who I know is an 25 outstanding individual, and your wife. You

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(518) 371-8910 1 have a great family, and you are an 2 outstanding individual. 3 Thank you, Mr. President. 4 ACTING PRESIDENT ROBACH: Thank 5 you, Senator Bruno. 6 Senator Paterson. 7 SENATOR PATERSON: Thank you, 8 Mr. President. 9 I just wanted to add my voice to 10 Senator Bruno's, who certainly complimented 11 Judge Pigott and spoke well of the Court of 12 Appeals. Listening to his comments, I got the 13 feeling Senator Bruno thought that he should 14 be nominated to the Court of Appeals today. 15 But as good an idea as that might be, short of 16 it, I think Judge Pigott will serve with 17 distinction. 18 Judge Pigott was going to be 19 speaking and attending a dinner in Rochester 20 this evening, and he told them that he had to 21 come down to be confirmed today, and they 22 said, "Well, Senator Paterson is going to be 23 there." So Judge Pigott is going to try to 24 get back up to Rochester as soon as he can, 25 and then, just to make sure that he doesn't

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(518) 371-8910 1 get there and get further agitated by my acts 2 today, I will be there as well. 3 But for a long period of time in 4 the Appellate Division, the judge has served 5 with distinction. This is certainly a fine 6 nomination by the Governor. 7 I just wanted to clear up the fact 8 that we are not in any way impugning the 9 reputations or the great work of any of the 10 outstanding appointments that have been made 11 to the Court of Appeals, to the Appellate 12 Division, or anyone else. But we're just 13 pointing out that, as the famous inscription 14 on the great courthouse in New York: "The 15 administration of justice is the firmest 16 pillar of good government." 17 And the administration of justice 18 has to include all the talented people around 19 the state who happen to be women, half of the 20 state's population; happen to be 21 African-American, 16 percent of the state's 22 population; happen to be Hispanic, 15 percent 23 of the state's population, or Asian, 9 percent 24 of the state's population. 25 There is great talent, great

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(518) 371-8910 1 ability, great service, great distinction, and 2 certainly documented evidence of it in 3 candidates all around this state. We are just 4 arguing that they be considered so that they, 5 who have that kind of talent, can serve all 6 along with those of outstanding talents such 7 as Judge Pigott. 8 And my congratulations go out to 9 him. I never met the judge's son, but I have 10 met his very lovely wife and daughter earlier 11 today, and I know they're proud of him. And 12 he will make this state even more proud of him 13 than we've been to this point because of his 14 outstanding service that rendered this 15 nomination today. 16 Thank you, Mr. President. 17 ACTING PRESIDENT ROBACH: Senator 18 Volker. 19 SENATOR VOLKER: Mr. President. 20 And I can't deny that this is a very proud day 21 for myself and for Western New York. 22 There has been a hoax in Western 23 New York that there hasn't been a judge on the 24 Court of Appeals since Judge Jason, Matthew 25 Jason, who actually was the chief judge.

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(518) 371-8910 1 A friend of mine and a former 2 Assemblyman -- I think he was from Western 3 New York -- Dick Wesley, who is a very close 4 friend of Gene's also, was a judge for a 5 while. But of course he was making such rapid 6 progress that he moved on to other things. 7 But the appointment of Gene Pigott 8 represents, in my opinion, another one of the 9 great appointments of Governor George Pataki. 10 And I've said this before, and I'm going to 11 say it again -- this is the last appointment, 12 barring some disaster or whatever, that 13 Governor Pataki will make on the Court of 14 Appeals -- I personally believe that -- I've 15 been in this house 32 years, 34 years in both 16 houses -- no governor has ever done as good a 17 job, in my opinion, with appointments as 18 George Pataki has. 19 The process, by the way -- it's a 20 little frustrating occasionally, because there 21 isn't the kind of guarantees there used to be 22 that if the Governor wants somebody, that he 23 can get them. I can assure you that, you 24 know, there's been a couple of incidents where 25 the person that George Pataki wanted was

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(518) 371-8910 1 turned down by his own committee. But that's 2 part of democracy. I've often said some 3 people say there's too much democracy, but I 4 guess it depends on your perspective. 5 But Gene Pigott was one of a cadre 6 of people who were reviewed by the fitness and 7 selection committee, and despite the fact that 8 we had somebody yesterday who objected to the 9 process because she didn't know anything about 10 it -- unfortunately, who knew nothing about 11 the whole system, but that's beside the 12 point -- it's a great system. And we have 13 probably as good a judiciary as any place in 14 the nation. 15 But we do need somebody as 16 assistance on the Court of Appeals to make 17 sure that all the people in this state, in my 18 opinion, are represented. And we need 19 somebody who doesn't decide that he or she 20 should make decisions against the wishes of 21 the majority of people represented by the 22 Legislature. 23 I can only cite a Carter-appointed 24 judge in Michigan who may have impugned the 25 President of the United States' ability to

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(518) 371-8910 1 secure this country with a decision on 2 wiretapping and so forth. It is not the place 3 of the judiciary to make decisions that 4 override generally accepted law. And I only 5 mention that because I think it's important. 6 But I will say this about Gene, and 7 I've known him for many, many years. In fact, 8 he became a judge because of the unfortunate 9 illness of a very close friend of mine, Judge 10 Wolf, who is still around but very, very ill, 11 and the death of another very close friend of 12 mine lifted him to -- or the -- well, she died 13 a little after, later, Dolores Denman, who was 14 also very close to Gene and to all of us, who 15 was a classmate of mine in law school. 16 And I told the story about how I 17 admitted to the chief judge that actually 18 Dolores Denman was my choice for chief judge 19 of the Court of Appeals. But it was pretty 20 obvious why; we were great friends, and she 21 was a good person. 22 But Gene Pigott has always been a 23 model of judicial conduct. And he's very, 24 very popular with the judges in Western 25 New York. And that's not just the younger

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(518) 371-8910 1 judges, because you must -- I assume that you 2 understand, those of you that practice law, 3 that there's sort of a diversity of 4 judgeships. And some of the older people get 5 a little crotchety sometimes about some of the 6 younger people that do things. 7 But Gene Pigott has always been a 8 person who will talk to everyone. In fact, 9 and I will say this, on several occasions 10 where he had decisions to make on cases, he 11 did call me and called other lawyers. One of 12 them that was mentioned was the $75 -- or the 13 increase in assigned counsel fees. And both 14 of us agreed with that, by the way, but the 15 law was otherwise. And he did say to me, "Are 16 you people in the Legislature going to do 17 that?" I said, "Don't worry, we'll take care 18 of it." 19 But my point was that even though 20 he realized that his own personal feeling was 21 on behalf of the litigants who were asking for 22 the changes, they wanted a judge to make the 23 changes rather than the Legislature. That's 24 not the way it's supposed to be done. And he 25 agreed with that, and he took care of it.

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(518) 371-8910 1 So all I can say is that Gene is, 2 in my opinion, a true moderate. And I was 3 challenged by the idea of moderation by my 4 friend in front here. But by that I mean he's 5 a balanced person who I don't expect to always 6 make decisions, by the way, that I agree with. 7 Most people don't, but that's neither here nor 8 there. 9 But seriously, he's a person I 10 believe, though, that is fair and just and 11 will make decisions I think that, generally 12 speaking, this house will feel is proper for 13 the Court of Appeals. 14 And very important, Gene, I wish 15 you the best of luck. I also want to say from 16 my good friend and your good friend 17 Tom Reynolds, congratulations. 18 ACTING PRESIDENT ROBACH: Senator 19 Nozzolio. 20 SENATOR NOZZOLIO: Mr. President, 21 on the nomination. 22 Mr. President and my colleagues, I 23 rise with great pride in endorsing 24 wholeheartedly Governor Pataki's nomination of 25 Judge Gene Pigott to the United -- to the

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(518) 371-8910 1 New York State Court of Appeals. Got ahead of 2 myself. 3 It's interesting that Governor 4 Pataki's first appointment to the Court of 5 Appeals, Dick Wesley, a number of years ago 6 was from the Fourth Department, and Gene 7 Pigott, our nominee today, is from the Fourth 8 Department. And as Senator Volker indicated, 9 this very well could be the Governor's last 10 appointment. So that's a nice sandwich for 11 Western New York. 12 And that certainly we look to 13 Judge Pigott as being certainly extremely well 14 qualified for this position, but, as 15 importantly, he has earned this position. He 16 has earned the right to go to the Court of 17 Appeals because he's been an outstanding judge 18 at the trial court level, at the appellate 19 court level. He understands the court system 20 and, more importantly to us, understands 21 Western New York. 22 That I am very proud that he has 23 been chosen for this important position. I 24 know he will serve with great distinction and 25 that he does us all honor. We're proud to

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(518) 371-8910 1 know him and very proud that this nomination 2 is moving forward. 3 Thank you, Mr. President. 4 ACTING PRESIDENT ROBACH: Thank 5 you, Senator Nozzolio. 6 Senator Smith. 7 SENATOR MALCOLM SMITH: Thank 8 you, Mr. President. On the nomination. 9 I rise to support the nomination of 10 Justice Gene Pigott, who clearly has had a 11 distinguished record in the Appellate 12 Division. 13 But more importantly than that, in 14 addition to being a Vietnam vet -- of course 15 which we all know is near and dear to many of 16 the members in this chamber -- I will tell you 17 that I knew he had humility when I ran into 18 him in the cafeteria today. And there he was, 19 by himself -- I think his wife was with him. 20 They were strolling through the cafeteria like 21 they were workers up in here in the chamber. 22 And you would have never known this is a 23 gentleman who was about to become appointed to 24 the highest court in the State of New York. 25 And it was then that I recognized that that

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(518) 371-8910 1 kind of humility will only do the bench well. 2 But I would be remiss also, 3 Mr. President, if I didn't at least, for the 4 record and to my colleagues who are here, 5 underscore what Senator Paterson also raised 6 earlier. And that is the importance, as we go 7 forward, in terms of diversity on the bench. 8 While we obviously know that we are 9 not the ones that hand up names to the 10 commission, who hands it to the Governor, we 11 do have the authority to either vote yea or 12 nay on those particular nominees. And it is 13 very clear to me, given the way things are on 14 the Court of Appeals as of right now, there 15 will be a tremendous void with regard to 16 diversity. 17 And therefore it is my hope that as 18 we move forward we'll be very sensitive to 19 that issue. Sensitive because, as you know, 20 the public clearly will have more confidence 21 in our justice system if they recognize that 22 there is a bench that is rich with the same 23 diversity that we have in the State of 24 New York. 25 We have 55 appellate justices in

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(518) 371-8910 1 the State of New York, two of which are 2 African-American, two of which are Hispanic, 3 one of which is Asian. And clearly that being 4 the back bench for the Court of Appeals in 5 terms of where they are selected from, it 6 becomes critically important that that 7 particular Appellate Division represents what 8 we have as a rich diversity in the State of 9 New York. 10 But I am proud to support the 11 nominee. I think he will do a great job. And 12 I'm quite sure his wife is happy that this day 13 has come. 14 Congratulations to you, Judge. 15 Peggy, also to you too. 16 ACTING PRESIDENT ROBACH: Thank 17 you, Senator Smith. 18 Senator Rath. 19 SENATOR RATH: Thank you, 20 Mr. President. 21 I rise to support the Governor's 22 nomination and congratulate the Governor on 23 such a wise choice. 24 I am happy to see Peggy, 25 Mrs. Pigott here and Martha here, neighbors

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(518) 371-8910 1 and friends from Western New York. 2 Judge Pigott and I started out 3 together many years ago. And Gene was 4 always -- pardon me for calling you Gene, but 5 that's what it is -- always smarter than the 6 rest of us and worked harder than the rest of 7 us. 8 And in his very first venture into 9 public life, he was not successful. And so 10 you see what happens to people who are not 11 successful on their first venture; they ascend 12 to the highest court. You see those were 13 successful on their first venture, we labor in 14 the fields. 15 And that's not saying that the 16 judge will not be laboring in the fields, 17 because I know his work ethic. And he will be 18 laboring in the fields. 19 And as you know, I was married to a 20 judge, a Supreme Court judge, who, when Gene 21 Pigott ascended to the bench, was delighted 22 because he knew that there was someone of 23 judicial temperament. And however the 24 decisions came out in my husband's opinion was 25 one thing, but if you have judicial

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(518) 371-8910 1 temperament and a respect for the law and the 2 bench and the bar, that was critical. 3 And I've heard that reflected in 4 the comments of others. Senator Smith just a 5 moment ago said something that reflected that 6 thought, and Senator Volker and Senator 7 Nozzolio reflected those thoughts. 8 His experience is far and deep 9 beyond -- before the bench, county attorney, 10 clerk of the county legislature. I remember 11 the days well. And so I know from work ethic 12 as to what we're going to see from this judge. 13 And I'd like to read you just a 14 small piece that appeared in the Buffalo News 15 today, and these are Gene Pigott's own words: 16 "'I don't think I'm much smarter than this 17 body or any other court,' said Pigott, 18 pointing out unpopular decisions he has made 19 because a law may have expired. He added that 20 statutes passed by the Legislature have to 'be 21 the basis of any decision we make.'" 22 I think that's reassuring to 23 legislators, Judge Pigott. And I know that 24 there are decisions that you have made that I 25 have not agreed with. But what I do know

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(518) 371-8910 1 beyond that is that I trust you, I trust your 2 personal decisions, I trust how thoughtful you 3 will be as you come to those decisions because 4 I know you well. And that gives me great 5 confidence that you will serve with 6 distinction on the bench. 7 And I would say, in closing, number 8 one, Judge Pigott does not take himself too 9 seriously, we know that. And that's part of 10 his judicial temperament. But what I do know 11 is that you take the law and your 12 responsibility to the people of the State of 13 New York very seriously. 14 Congratulations. We are happy that 15 you're going to be serving in this position. 16 ACTING PRESIDENT ROBACH: Senator 17 Maziarz. 18 SENATOR MAZIARZ: Thank you very 19 much, Mr. President. 20 I too rise, along with my 21 colleagues, in support of this nomination. 22 I've known Judge Pigott for a 23 number of years in Western New York. He's 24 fair, he's honest, has a high degree of 25 integrity. An excellent appointment by the

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(518) 371-8910 1 Governor to the court. 2 Judge, when one of the clerks said 3 to me -- they asked me if I thought that you 4 would be a little bit upset by the fact that 5 we had to do the East Greenbush Little League 6 resolution before we did a nomination to the 7 Court of Appeals. I said, "No, Judge Pigott 8 worked in the Erie County legislature. He'll 9 understand this stuff that goes on here." 10 But again, I want to congratulate 11 Judge Pigott, most particularly his family, 12 and most particularly his son David, who's 13 watching via the Internet in Iraq today. 14 And, Judge, you were here on a very 15 difficult day for us with the resolution that 16 we had. And I would just ask you, Judge, 17 during the confirmation process yesterday in 18 front of the Senate Judiciary Committee one of 19 the people who testified in your behalf talked 20 about the importance that you placed upon 21 legislative intent when you made your 22 decisions during the course of your legal 23 career. 24 And I would only implore you to 25 remember the victims of crimes. I think all

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(518) 371-8910 1 too often victims or their families, in the 2 instances when someone is murdered, they look 3 to the court. It's their only place that they 4 can look to for justice for those individuals 5 who are no longer here. 6 And I would just ask you that in 7 the weighty decisions that you have coming 8 before you in the future on the court that you 9 keep those individuals in mind. A lot of 10 those people have a rather low economic 11 station in life. They're not professors, 12 doctors, lawyers, senators; they're not in 13 public service. But they're human beings, and 14 they deserve justice just like everyone else. 15 So I would only implore you and ask 16 you, and I know that you will, from your past 17 record, keep those victims of crimes in mind. 18 Mr. President, I wholeheartedly 19 endorse this nomination. Thank you. 20 ACTING PRESIDENT ROBACH: Thank 21 you, Senator Maziarz. 22 Senator Stachowski. 23 SENATOR STACHOWSKI: Thank you, 24 Mr. President. I too rise to second the 25 nomination of Justice Pigott.

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(518) 371-8910 1 And I think that he'll do a 2 marvelous job. In talking to judges and 3 lawyers, they all had nothing but good things 4 to say about him, which is surprising on its 5 own. I didn't hear anybody say anything bad. 6 I know Justice Pigott since he was 7 in the county legislature, which goes back 8 quite a ways. And more important than all his 9 decisions, I'm proud to say that Judge 10 Pigott's my friend, and I'm glad to see him 11 get this position. 12 And piggybacking off something 13 Senator Maziarz alluded to, and Senator 14 Volker, I think it's a great comment to say 15 that here's a judge that says that legislative 16 intent is very important to him, and the 17 Governor sent him up anyway. 18 (Laughter.) 19 SENATOR STACHOWSKI: So the fact 20 is I think that Judge Pigott will do a great 21 job, and I'm proud to have had the opportunity 22 to second his nomination. 23 ACTING PRESIDENT MAZIARZ: Any 24 other Senator wishing to speak on the 25 nomination?

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(518) 371-8910 1 On the nomination of Eugene F. 2 Pigott, Jr., as an associate judge of the 3 Court of Appeals, all in favor signify by 4 saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT MAZIARZ: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT MAZIARZ: Judge 10 Pigott is hereby confirmed as an associate 11 judge of the Court of Appeals. 12 I want to introduce Judge Pigott, 13 his wife, Peggy, daughter, Martha, and his 14 son -- most importantly, his son, David, who 15 is watching these proceedings in Iraq. 16 Judge, congratulations. 17 (Standing ovation.) 18 ACTING PRESIDENT MAZIARZ: 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 there will be an immediate meeting of the 22 Rules Committee in the Majority Conference 23 Room, and the Senate will stand at ease 24 pending the report of the Rules Committee. 25 ACTING PRESIDENT MAZIARZ:

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(518) 371-8910 1 There's an immediate meeting of the Senate 2 Rules Committee in the Majority Conference 3 Room, and the Senate will stand at ease 4 pending the return of the Rules Committee 5 report. Thank you. 6 (Whereupon, the Senate stood at 7 ease at 3:55 p.m.) 8 (Whereupon, the Senate reconvened 9 at 4:01 p.m.) 10 SENATOR SKELOS: Mr. President. 11 ACTING PRESIDENT ROBACH: Senator 12 Skelos. 13 SENATOR SKELOS: Mr. President, 14 if we could return to reports of standing 15 committees, I believe there's a report of 16 Rules Committee at the desk. I ask that it be 17 read at this time. 18 ACTING PRESIDENT ROBACH: 19 Reports of standing committees. 20 The Secretary will read. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bill direct to third reading: 24 Senate Print 8482, by Senator 25 Libous, an act to amend the Insurance Law.

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(518) 371-8910 1 SENATOR SKELOS: Move to accept 2 the report of the Rules Committee. 3 ACTING PRESIDENT ROBACH: All in 4 favor of accepting the report of the Rules 5 Committee signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT ROBACH: Any 8 opposed, nay. 9 (No response.) 10 ACTING PRESIDENT ROBACH: The 11 report is accepted. 12 SENATOR BRUNO: Mr. President. 13 ACTING PRESIDENT ROBACH: Senator 14 Bruno. 15 SENATOR BRUNO: Can we have, 16 noncontroversial calendar, the reading of 17 2267. 18 ACTING PRESIDENT ROBACH: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 2267, by Senator Libous, Senate Print 8482, an 22 act to amend the Insurance Law, in relation to 23 enacting Timothy's Law. 24 ACTING PRESIDENT ROBACH: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 8. This 2 act shall take effect on the first of January 3 next succeeding. 4 ACTING PRESIDENT ROBACH: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT ROBACH: Senator 8 Bruno, to explain your vote. 9 SENATOR BRUNO: Mr. President and 10 colleagues, the piece of legislation that is 11 before us is one of the most important pieces 12 of legislation that we will act on this year 13 and into next year that will affect hundreds 14 of thousands of people's lives. This is the 15 bill, Timothy's Law, that creates parity, 16 parity for mental illnesses, as they are 17 described, with physical ailments. 18 It's long overdue. We've been 19 working on this diligently for twenty-some 20 years, very difficult to get to a responsible 21 and reasonable place. But we've done it, with 22 the leadership of our sponsor, Tom Libous, 23 with the leadership of our chair of Mental 24 Health, Tom Morahan, and with the leadership 25 of Tom O'Clair and the advocates, many of whom

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(518) 371-8910 1 you see here with us today. 2 Without Tom, without your support, 3 we wouldn't have agreement with the Assembly 4 and hopefully with the Executive. I have 5 talked to the Governor again since we had our 6 press conference. The Governor will review 7 this bill. 8 I thought that the Governor was not 9 sure as to what happened in the last day or 10 two when we were here in June, because you 11 were working, as you remember, into the early 12 hours of the morning to get agreement. We 13 have agreement. And the Governor will review 14 the bill; the Assembly said they will pass it. 15 Tom, who's here with us -- we have 16 Tom, Tom Libous; Tom O'Clair; Tom Morahan -- 17 has, with his associates, spent hours and 18 hours and hours over the years, in the halls, 19 on weekends, everywhere, to help make this 20 happen. And as I've said, it is overdue. 21 We're just happy and proud. 22 And Tom, Senator Tom Duane, who was 23 there in the forefront, helping get agreement. 24 Getting agreement on something like 25 this -- which many people see as

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(518) 371-8910 1 counterproductive by driving people with 2 escalating rates, potentially, to the 3 uninsured. And that's the big open question. 4 We believe that we have a compromise here that 5 works for everybody and that gives the help 6 that people need. 7 If you have a mental disability, 8 it's the same as having a physical disability. 9 And all that we're trying to do now is create 10 equality so that people can enjoy a quality of 11 life as people deserve. 12 Thank you, Mr. President. 13 ACTING PRESIDENT WINNER: Thank 14 you, Senator Bruno. 15 Senator Libous, to explain his 16 vote. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 Mr. President and my colleagues, on 20 March 16, 2001, Timothy O'Clair took his life. 21 Timothy O'Clair suffered from oppositional 22 defiant disorder, major depression, and severe 23 attention deficit disorder. 24 Timothy O'Clair is one of thousands 25 of New Yorkers who suffer from mental

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(518) 371-8910 1 illness -- who suffered from mental illness 2 and who presently today suffer from mental 3 illness. They have not had the same kind of 4 coverage as other individuals who are able to 5 get care, and in many cases the outcome is a 6 tragic one, as in the case of Timothy's. 7 Over the past seven or eight years, 8 when I first chaired the Committee on Mental 9 Health and began working on this bill with the 10 advocates, with Tom and Donna O'Clair, the 11 parents of Timothy, we tried to strike a 12 balance, one that would help people with 13 mental illness in the State of New York, one 14 that would be more comprehensive than maybe 15 what other states have had. And certainly 16 during that time we had our difficulties, we 17 had our disagreements. 18 But on the floor today, 19 Mr. President, is legislation that is long 20 overdue, that has come because of the 21 leadership of the O'Clairs, the leadership of 22 the advocates, and certainly the help of 23 Senator Bruno and certainly colleagues like 24 Chairman Morahan of the Mental Health 25 Committee and all of us in this room. And I

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(518) 371-8910 1 know the persistency of Senator Duane, who had 2 been working and even was very helpful in the 3 negotiations toward the end. 4 What we now have in New York State 5 is mental health parity, mental health parity 6 in a bill that is called Timothy's Law to 7 honor Timothy O'Clair, to give people with 8 biological mental health illnesses the 9 opportunity to receive care. 10 And what our bill does, 11 Mr. President, which goes further than many of 12 the other states, is that it provides coverage 13 for children under 18 years of age with 14 serious causes of attention deficit disorder, 15 disruptive behavior disorders, and a whole 16 host of mental illnesses that are outlined in 17 this bill. 18 Now, there has been a lot of 19 discussion throughout the history of trying to 20 come to this great compromise to put this 21 legislation together and talk about what are 22 the costs. Well, unfortunately, we had in 23 this case a very, very severe cost. We had 24 the loss of the life of a young man, who was 25 not given an opportunity because we did not

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(518) 371-8910 1 have sufficient care and coverage for care 2 that he needed in this state. 3 So I would hope that those who 4 continue to worry about the cost could only 5 look back on what happened to Timothy O'Clair 6 and use his short life as kind of a model, as 7 guidance for those who are afflicted with 8 mental illness, for those young people, as Tim 9 was, or adults who need the care, who need the 10 coverage, who need an opportunity to live a 11 normal life. 12 Now, mental health has had a stigma 13 in this state for a number of years, and it 14 continues to do that. But I hope, 15 Mr. President, that this legislation will 16 begin the first step of taking that stigma 17 away. 18 So to all of my colleagues here who 19 have been persistent -- and I know at times 20 it's been a difficult thing to come to a 21 compromise. But we've come to a great 22 balance, a balance with our colleagues in the 23 Assembly, and come together with a piece of 24 legislation that is better than almost every 25 other state, better than what other states

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(518) 371-8910 1 have provided, and an opportunity here now to 2 protect those lives of people with mental 3 illness. 4 So I'm very pleased and very proud 5 to stand before you today and say that I vote 6 aye on this legislation that will, I hope, in 7 the name of Timothy O'Clair, begin to pull 8 away the horrible stigma of mental illness and 9 give opportunity and hope for folks who have 10 an illness that's very similar to any other 11 sickness or illness that we have in society 12 today. 13 ACTING PRESIDENT WINNER: Senator 14 Libous will be recorded in the affirmative. 15 Senator Morahan, to explain his 16 vote. 17 SENATOR MORAHAN: Thank you, 18 Mr. President. 19 You know, as we reflect today on 20 this accomplishment of teams working 21 together -- teams of staff, both sides of the 22 aisle, our Assembly colleagues, Senator 23 Libous, who led this fight for years -- we 24 can't lose track of those who fought early on 25 as pioneers for some recognition of the needs

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(518) 371-8910 1 of the mental health community. 2 I speak of Senator Padavan, who 3 back in the '70s passed legislation in this 4 house that would force insurance companies to 5 provide riders. 6 At one time in this state you could 7 not again get the insurance if you wanted to 8 pay for insurance. You had to pay everything 9 out-of-pocket. And for those pioneers, those 10 who worked so hard for mental health in the 11 past, they ought to be applauded today as well 12 in this fight to get this parity bill to the 13 floor. 14 And while we had parity bills on 15 this floor before and we voted on them, we 16 didn't have the agreement of the advocates or 17 the Assembly. One of my credos was we must 18 move this forward. And to do that, we have to 19 look at our own positions and see what it is 20 about our positions that we could adjust or 21 modify. And I think all parties have done 22 that. 23 Our first concern about small 24 business, I think we've addressed that in a 25 very unique, creative way. And that's what it

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(518) 371-8910 1 took. The advocates, as well, reviewed their 2 position and moved towards the center, if you 3 will. As did the Assembly, in the waning 4 hours in June when this session was coming to 5 a close. 6 And what we have before us today is 7 a unibill which outlines all of our Assembly 8 sponsors, our colleagues in the other house, 9 and our colleagues in the Senate who will 10 support this legislation today. 11 So as chairman of the Mental Health 12 Committee, I think this year, 2006, has been a 13 banner year for the mental health community, a 14 banner year for the Senate and the Assembly in 15 the innovative and broad legislation that we 16 brought to the table this year on rate bills 17 for housing, funding, in the joint conference 18 committees for mental health. And now this -- 19 frankly, the cherry on top of the cake -- 20 something that was fought so hard and so long 21 by so many came to us today in a bill that all 22 can support. 23 So I'm delighted to also cast my 24 vote and give great commendations to Senator 25 Libous for staying the course, to Senator

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(518) 371-8910 1 Bruno for his leadership and willingness to 2 listen and understand the need and allow us to 3 move this bill to a point where, when the 4 Assembly comes back, it will be passed. When 5 it gets to the Governor, we pray it will be 6 signed. 7 Thank you. I cast my vote in the 8 affirmative. Thank you, Mr. President. 9 ACTING PRESIDENT WINNER: Senator 10 Morahan will be recorded in the affirmative. 11 Senator Robach, to explain his 12 vote. 13 SENATOR ROBACH: Yes, 14 Mr. President. Let me briefly say I'm happy 15 to rise and enthusiastically cast my vote in 16 the affirmative. 17 Certainly in so many ways I 18 think -- you know, someone mentioned the word 19 "stigma" attached to mental health. I'm glad 20 to say those days are over. These are people, 21 that -- our coworkers, our family members, 22 people in our community. 23 And I think if you surveyed 24 everyone -- certainly I worked with a fairly 25 young woman at one time, tremendously

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(518) 371-8910 1 successful, who because of depression really 2 her life got turned upside down and went to 3 depths that no one could imagine. And only 4 with a lot of people advocating, steering, 5 getting the right treatment modalities, the 6 right medication, really brought her life 7 back. Luckily she had the resources and 8 people pulling for her. We should make that 9 the case for everyone today. 10 The advocates have worked very hard 11 on this -- I want to applaud them -- whether 12 it's been here in Albany, in Rochester, where 13 people are very active. I think we responded 14 to that call. We tried to make the pledge 15 that by the end of this session, this two-year 16 session, not a one-house bill but a two-house 17 bill, and we did that. 18 This is very important. These 19 things that will be covered, unlike even 10, 20 15, 20 years ago, aren't really strange. We 21 now know science, medical technology has 22 advanced. Depression, bipolar disorder, 23 schizophrenia, things of those nature really 24 can get treated successfully, almost without 25 exception these days.

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(518) 371-8910 1 It is equally as important that we 2 are healthy in our mind as in our body. And 3 from a point of parity, equity, think of it -- 4 you have a child who's physically very 5 healthy, you have living next door to you 6 someone who let's say is very active in 7 sports, is constantly getting injured. Every 8 single thing they do is covered, but your 9 child, your loved one historically may not 10 have been included in that. 11 I think as we look at how we make 12 New Yorkers holistically whole and healthy, 13 this is a great step in the right direction. 14 And I applaud all my colleagues for coming 15 together and getting this done in response to 16 the people who need it and to make our whole 17 community and state much healthier. I think 18 in the long run, while there will always be 19 some attached cost, it will not only save a 20 lot of emotional loss but it will even save a 21 financial gain, if you will, from productivity 22 and happier lives. 23 And again, very happy to cast my 24 vote in the affirmative. 25 ACTING PRESIDENT WINNER: Senator

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(518) 371-8910 1 Robach will be recorded in the affirmative. 2 Senator DeFrancisco, to explain his 3 vote. 4 SENATOR DeFRANCISCO: Yes, I vote 5 in the affirmative and rise to congratulate 6 all those that were a part of this historic 7 legislation. 8 I don't think there's any person in 9 this chambers who doesn't have someone, 10 whether it's a family member or a close 11 friend, that's been affected by mental 12 illness. 13 And, you know, it's been difficult 14 over the years, as Tom O'Clair has been coming 15 here, to kind of justify why it's really taken 16 this long. But there was a balancing act that 17 had to be taken place so that by providing 18 this type of insurance we weren't creating 19 insurance policies that were so expensive that 20 others were becoming uninsured as a result. 21 And I think we've struck that 22 balance by protecting small businesses and 23 doing a study to make sure that we take care 24 of those additional costs, if any. 25 On a lighter note, now Tom will

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(518) 371-8910 1 have other places he can go rather than the 2 Senate chambers. And also the other Tom, Tom 3 Duane, can now speak germanely on issues, 4 rather than go into other issues for this 5 particular purpose. 6 But congratulations to everyone. 7 It's a great day for those mental health 8 advocates and those suffering from mental 9 illnesses. 10 ACTING PRESIDENT WINNER: Senator 11 DeFrancisco will be recorded in the 12 affirmative. 13 Senator Duane for a rebuttal and to 14 explain his vote. 15 SENATOR DUANE: Thank you very 16 much, Mr. President. 17 I'm very happy to be here today. 18 And as I suspected and is being proven, I 19 guess everyone is very happy that I'm here 20 today to speak on Timothy's Law when we're 21 speaking on Timothy's Law. 22 (Laughter.) 23 SENATOR DUANE: And actually, you 24 know, our actions today are so much greater 25 than words could ever be. And it's a huge

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(518) 371-8910 1 step. A huge step. But, you know, it's Tom: 2 Next couple of years we have to do addiction, 3 substance abuse. But -- but -- for today, 4 this is great. Absolutely great. 5 I want to thank, well, everyone. 6 Both sides, both houses. I want to thank 7 Senator Bruno for a whole host of things, 8 including and especially having an open door 9 on this issue. And to all the Toms -- Senator 10 Libous, Senator Morahan, Tom -- 11 congratulations. 12 And also, you know, the leaders on 13 my side and everyone that backed me up in my 14 work here, and also all of the members on the 15 other side for, you know, letting me barge 16 into your offices and talk and talk and talk 17 about this, thank you. 18 Also the advocates, just an 19 amazing, an amazing, amazing job. Really. 20 Your hard work has really paid off for all 21 New Yorkers. 22 And there are very few moments in 23 my career here in the State Senate that will 24 compare to what's happening here today. And 25 it's really because of everybody in this

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(518) 371-8910 1 chamber. 2 So from the bottom of my heart, 3 thank you. I vote yes. 4 (Applause.) 5 ACTING PRESIDENT WINNER: Senator 6 Duane will be recorded in the affirmative. 7 Senator Schneiderman, to explain 8 his vote. 9 SENATOR SCHNEIDERMAN: Thank you. 10 Thank you. I am pleased that we're doing 11 this. It is extraordinarily important, as 12 Senator Duane has said. 13 I am truly sorry that it took us so 14 long. I remember standing at the end of 15 another session and looking at Mr. O'Clair, 16 who was weeping, and just -- all I could think 17 to say was I'm sorry, I'm sorry we didn't get 18 this done. 19 And, you know, there's an 20 expression -- I'm glad everyone is 21 enthusiastic and in support of this this week. 22 But the expression is "Success has a thousand 23 mothers and failure is an orphan." 24 Throughout this period of time when 25 we've been trying to pass this bill -- and

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(518) 371-8910 1 it's been very difficult to pass in this 2 house -- I do want to remind my colleagues 3 that sometimes you need to be a squeaky wheel. 4 And having been involved in some of these 5 debates over whether or not Senator Duane was 6 speaking within the germaneness rule or not -- 7 which is sometimes, I think, applied on a 8 somewhat elastic basis -- that everyone wasn't 9 always so enthusiastic. 10 And Senator Duane I think deserves 11 a special thanks from all of us, because in 12 this Legislature we get criticized a lot for 13 not being willing to shake things up, not 14 being willing to stand up to the power 15 structures that exist. His persistence, his 16 consistency, and his compassion on this issue 17 are why we are here today passing the bill. 18 And sometimes, my colleagues on the 19 other side of the aisle, justice is more 20 important than germaneness, and sometimes 21 human life is more important than germaneness. 22 And this victory today is a victory for 23 consistency, persistence and passion on the 24 part of Senator Duane, as well as for all the 25 others who have helped. But we really do owe

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(518) 371-8910 1 him a special debt of gratitude. 2 And more than anyone else, to the 3 O'Clairs, for taking your tragedy and turning 4 it into a life-saving victory for people all 5 across our state. Thank you, thank you, and 6 thank you. 7 I vote in the affirmative, 8 Mr. President. 9 ACTING PRESIDENT WINNER: Senator 10 Schneiderman will be recorded in the 11 affirmative. 12 Senator Padavan, to explain his 13 vote. 14 SENATOR PADAVAN: Thank you, 15 Mr. President. 16 There are five Senators currently 17 sitting in this chamber who were here in 1977 18 when a major piece of legislation was adopted 19 in this house and in the Assembly and became 20 law in January of '78. 21 Prior to that time, mental health 22 coverage was not available in any group plan 23 no matter what you wanted to do. You could 24 pay all the premiums you wanted to pay, if you 25 could afford it, and it wasn't there to be

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(518) 371-8910 1 had. 2 That legislation mandated that all 3 insurance carriers, all the group plans, Blue 4 Cross and so on, must provide a rider, must 5 make it available, of course with the 6 additional premiums that it would involve. 7 The arguments against it then, that 8 legislation, were very similar to the ones 9 we've been hearing about the bill before us. 10 And I remember hearings we had across the 11 street, and the Business Council and others 12 sitting there and telling us that the sky was 13 going to fall, businesses were going to fail, 14 insurance costs would skyrocket. None of that 15 happened. None of that happened. 16 The argument made by the advocates 17 at the time were that people who have a mental 18 disability are not good employees. They have 19 high absenteeism. They have health problems 20 even beyond their mental illness. And 21 treating them makes good sense and is good 22 business. And even if a family member -- not 23 they themselves, but a family member has a 24 mental illness, you're worried about them -- 25 your wife, your children -- and you're not a

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(518) 371-8910 1 good employee. And in the long run, it's good 2 business to take care of this disability in 3 any way you can. 4 The same advocates then are here 5 today, in many respects, NAMI among them, and 6 others, who fought then for that legislation. 7 Now, of course, we have Timothy's 8 dad, who led the way here, as others have said 9 more eloquently than I can, and for such a 10 long period of time, with such passion, that 11 enable us to take this next giant step 12 forward. 13 And it's a tribute to Tom Libous 14 and the chairman of the Mental Health 15 Committee, Tom Morahan, and everyone else in 16 both houses who brought us to this point in 17 time. 18 I vote aye, Mr. President. 19 ACTING PRESIDENT WINNER: Senator 20 Padavan will be recorded in the affirmative. 21 Senator Seward, to explain his 22 vote. 23 SENATOR SEWARD: Thank you, 24 Mr. President. I rise to explain my vote. 25 First of all, I want to

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(518) 371-8910 1 congratulate Senator Libous, Senator Morahan, 2 Senator Bruno and all those both in the 3 gallery and here on the floor who have worked 4 so hard, many countless hours, in developing 5 this compromise piece of legislation that is 6 before us today. 7 There's no question in my mind that 8 one's mental health is very closely aligned 9 with one's overall sense of health and 10 wellness, no question that the two are tied 11 together. 12 And whenever, of course, we address 13 that question of what is appropriately covered 14 in health insurance policies in New York 15 State, the question of the costs associated 16 with those benefits always has to be 17 considered. Because as we all know, as the 18 price of health insurance goes up, the number 19 of uninsured also go up in terms of those not 20 being able to afford the premium. 21 So there is, as others have alluded 22 to today, there is in fact a balancing act. 23 And this legislation before us does address 24 many of those concerns and does strike a 25 balance.

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(518) 371-8910 1 Now, I continue to have some 2 concerns about the bill before us, what's 3 going to happen with those businesses, 51 to 4 100 or 200, those that have no other options 5 in terms of providing health insurance for 6 their employees. I have concerns about the 7 source of funding for those under 50 in terms 8 of covering their costs. 9 However, I'm going to support this 10 legislation because it's a two-year bill, a 11 two-year experiment. There's a study that's 12 required under the bill. I think in two years 13 this Legislature and all of us, from the 14 advocates to legislators, all those will be 15 able to assess the impact of the bill. And I 16 certainly hope and pray that it will be a 17 positive impact, and not only particularly for 18 those who need these services but for all 19 New Yorkers, employees, employers, and their 20 families alike. 21 I also will support the bill 22 because Assemblyman Grannis, my counterpart in 23 the Assembly, and I have agreed on the 24 language that would in fact set up a mandate 25 commission going forward that will give us a

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(518) 371-8910 1 cost/benefit analysis of mandates going 2 forward so that we will know going in what the 3 true costs and benefits are of any proposed 4 mandates. 5 So with those thoughts, 6 Mr. President, I congratulate all those who 7 have worked so hard on this bill. I have some 8 reservations as chair of the Insurance 9 Committee, but I stand here to say that I 10 support this bill. 11 ACTING PRESIDENT WINNER: Senator 12 Seward will be recorded in the affirmative. 13 Senator Little, to explain her 14 vote. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 I rise too to support this bill and 18 to congratulate Senator Bruno, Senators Libous 19 and Morahan for bringing this bill to the 20 floor and for being able to resolve the 21 differences that we have here. 22 Certainly this is a very needed 23 piece of legislation, but I also think that 24 it's among one of the most compassionate 25 pieces of legislation that we have passed.

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(518) 371-8910 1 Maybe the second most compassionate, as 2 Senator Padavan pointed out. 3 In my years in the Legislature, 4 some of the most heartbreaking meetings that 5 I've had are meetings with parents of children 6 with mental illness. They feel so helpless. 7 It's such an unknown disease. There is no 8 pill, there is no vaccination for this. And 9 having to fight with insurance companies to 10 get the kind of treatment that their children 11 need is something that they shouldn't have to 12 endure. 13 So I support this bill. I thank 14 the advocates. It's their persistence and 15 patience and working to negotiate that has 16 brought this bill to the floor. And I think 17 that we can all be very proud of this day. I 18 vote aye. 19 ACTING PRESIDENT WINNER: Senator 20 Little will be recorded in the affirmative. 21 Senator Diaz, to explain his vote. 22 SENATOR DIAZ: Thank you, 23 Mr. President. 24 I came to this chamber in 2002. 25 And since I came here, every single session I

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(518) 371-8910 1 saw Timothy's parents in the hallway handing 2 out literature, and saw Senator Thomas Duane 3 standing here, especially in this past 4 session. And Senator Duane used to stand up 5 on unrelated bills, but at the end he would 6 always say: "When are we going to pass 7 Timothy's Law?" He would push it. 8 So I am the ranking Minority member 9 in the Mental Health Committee, and I'm proud 10 and honored to work with Senator Morahan. And 11 I have learned a lot with him and with the 12 members of committee. 13 But to the parents of Timothy, and 14 to Thomas Duane, I'm going to give you a 15 biblical story that I compare with your 16 tenacity, your dedication, and your 17 persistence in getting something through. 18 The Bible says that there were a 19 judge, a very, very bad judge, and that there 20 was an old woman who happens to be a widow. 21 And that old woman, according to the Bible, 22 used to go in front of the judge asking for 23 justice. And the judge refused to see her. 24 And the lady, according to the Bible, day 25 after day she would go in front of the door of

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(518) 371-8910 1 the judge: "Make me justice, make me justice, 2 make me justice." And the judge don't want to 3 make justice to that lady. 4 But the Bible says that because of 5 the lady's tenacity and insistence and the 6 constant knocking on the judge's door, the 7 judge said, "This lady got me already upset. 8 You know, I'm already losing my control. So 9 before I do something bad, let me do some 10 justice to this lady." And the lady got what 11 she wanted because of her tenacity and 12 dedication. 13 And I'm using that because I mean I 14 think that even Reverend Al Sharpton took from 15 that biblical passage the reading of "No 16 justice, no peace." 17 And you, the relatives of Timothy, 18 and you, Senator Thomas Duane -- and people 19 know that you and I don't really agree in too 20 many things, but today I tip my hat to you. 21 And I congratulate you, I 22 congratulate all the members of this chamber, 23 I congratulate Timothy's Law. You really, 24 really made us move. It was you and you that 25 made us move. And we're moving today, we're

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(518) 371-8910 1 glad, but congratulations to you. And, 2 Senator Duane, I'm proud of you. 3 Thank you. I'm voting yes. 4 ACTING PRESIDENT WINNER: Thank 5 you, Senator. 6 Senator Diaz will be recorded in 7 the affirmative. 8 Senator Krueger. 9 SENATOR LIZ KRUEGER: Thank you, 10 Mr. President. On the bill. 11 I'm certainly glad to be able to be 12 here today to vote for this bill. And many 13 people have referenced the hard work of the 14 O'Clair family, of my colleague Senator Tom 15 Duane, of advocates all over the state. 16 But I also feel like I'm a little 17 bit in a reality-check zone here. Senator 18 Padavan mentioned that in 1978 this house 19 started to talk about the realities of mental 20 health as a real issue. And in 2006, 21 apparently we're still debating that we've 22 finally concluded that mental health is a real 23 type of health problem. 24 And yes, we're glad we're here and 25 you've worked so hard, but you've been angry.

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(518) 371-8910 1 And I have to tell you I still feel angry even 2 though we're passing this bill, because it's 3 not the bill we all really wanted. And it's a 4 bill that covers some people if they have 5 insurance. But I'm angry that 15 percent of 6 New Yorkers don't have health insurance, so 7 this won't help them. 8 And I'm angry that we still haven't 9 passed a bill that would require health 10 insurance companies to justify their premium 11 increases, because I hear from small 12 businesses that they're concerned about their 13 increased costs. They should be concerned. 14 We all should be concerned. But we also still 15 have not moved legislation that would require 16 health insurance companies to explain their 17 premium costs. 18 We still, today, are not moving 19 legislation where other advocates have been 20 wandering through the halls, AARP, requiring 21 us to force the pharmaceutical companies to 22 document their costs to us for prescription 23 drugs, to disclose the amount of money they're 24 spending in gifts to allow themselves to 25 increase their profit margins, increasing the

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(518) 371-8910 1 cost of healthcare perhaps not while 2 increasing healthcare delivery. 3 So this is a good day, and yet I 4 find myself angry because we should be 5 debating universal coverage. We shouldn't be 6 spending years and years and years negotiating 7 subsections of who might get covered by some 8 piece of insurance for their specific 9 healthcare needs. The State of New York 10 should move a universal model of healthcare. 11 And if we started talking about 12 mental health coverage in '78 and we're 13 passing a bill in 2006, I'm very worried about 14 our timeline expectations for a serious 15 discussion about what we do to ensure that all 16 New Yorkers have equal access to healthcare 17 when they need it, regardless of the type of 18 illness they're suffering from. 19 So I vote yes, and it is a good 20 day, and thank you for your hard work. But we 21 have not finished the assignment or come 22 anywhere near our responsibilities as 23 legislators. Thank you very much. 24 ACTING PRESIDENT WINNER: Senator 25 Krueger will be recorded in the affirmative.

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(518) 371-8910 1 Senator Spano, to explain his vote. 2 SENATOR SPANO: Thank you, 3 Mr. President. 4 Let me join with our colleagues who 5 have expressed their thanks and 6 congratulations to the chair of the Mental 7 Health Committee, to Tom Morahan; to our 8 leader, Joe Bruno; and to so many others who 9 have made this a reality today. 10 You know, when I chaired the Mental 11 Health Committee, we learned very rapidly 12 about the stigmas impacting people who suffer 13 mental illness and about how mental illness 14 can impact any one of our families regardless 15 of our socioeconomic class at any given time. 16 And I want to make sure that we 17 acknowledge the work of Senator Tom Libous, 18 who I personally watched persevere for hours 19 and hours until we made this bill a reality. 20 And I feel sorry for the fact that 21 Senator Krueger is angry. I think rather than 22 being angry, we should look to the fact that 23 this is landmark legislation, this is the most 24 significant legislation that we've passed this 25 year, the most significant legislation in the

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(518) 371-8910 1 area of mental health since we passed the 2 Community Reinvestment Act that substantially 3 changed the way we built the community-based 4 system of care for people who suffer from 5 mental illness, that we have legislation here 6 that will impact not only the adult population 7 but our kids that are so often troubled by 8 mental illness. 9 And for years we know that people 10 who had mental illness did not have voices 11 very often in the state capital. And let me 12 say to Tom O'Clair, you gave voice to people 13 who very often were not heard in the halls of 14 the state capital in Albany, and your 15 persistence should be credited a great deal 16 for the fact that you were here rather than 17 recoiling into your own world, which no one 18 would have blamed you for doing after going 19 through the tragedy that you went through. 20 You decided to be here and become the lobbyist 21 that you weren't called, but the lobbyist that 22 was a true effective voice giving voice to 23 people across this state who on a daily basis 24 could not have their voices heard. 25 And I want to just say

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(518) 371-8910 1 congratulations to Tom O'Clair and say that we 2 are so happy to see this day, that we see 3 Timothy's Law passed by the Senate and will 4 eventually become law very shortly in this 5 state. 6 I vote aye. Thank you. 7 ACTING PRESIDENT WINNER: Senator 8 Spano will be recorded in the affirmative. 9 Senator Marcellino, to explain his 10 vote. 11 SENATOR MARCELLINO: Thank you, 12 Mr. President. 13 I too rise to congratulate those 14 who have been fighting for years to bring this 15 law into fruition. And thank God we're here, 16 and thank God we've accomplished this. This 17 is a victory, not a point to be saddened, not 18 a point to be worried. 19 Yeah, there's more to do. And 20 we'll do it, and we'll move ahead. But let's 21 take the moment and say this is good. 22 Compromise has worked. The system has worked. 23 Both sides sat down, hammered out an 24 agreement, finally, and agreed to compromise. 25 Not a dirty word. Not something to be

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(518) 371-8910 1 disparaged. 2 Some will say it's dysfunctional. 3 Some will say we don't work. Some will say 4 it's not there. But it did work. When both 5 sides realized that they had to compromise to 6 end the desperation of those families who have 7 members with mental illness, this bill came to 8 fruition. And they can go home and say now 9 we've got a place to go, we've got somebody 10 and something that will help us. And that's 11 important. 12 Is it everything everybody wants? 13 No. I don't know a single piece of 14 legislation that has passed this chamber or 15 passed both these chambers since I've been 16 here that has been everything the authors 17 wanted. They've always had to compromise. 18 It's a give-and-take process. You take a 19 piece of the pie one time, you come back for 20 the next slice. And you come back for the 21 next slice until you get what you need, until 22 you get everything you want. 23 This, I look upon it as a first 24 step. And I think we should all take that 25 attitude. It's a first step. We'll see how

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(518) 371-8910 1 it works, we'll improve it, we'll make it 2 better. 3 There's a lot of other legislation 4 out there that's controversial, that there are 5 opposite sides and people butting heads on, 6 and fingers are being pointed. Compromise is 7 the name of this business. When people of 8 good faith come together and respect each 9 others' positions and are willing to concede 10 that the other side may have a point and are 11 willing to give that point some recognition, 12 then you put together a good piece of 13 legislation. 14 And I think we've done that here, 15 and I think we should be proud of it. And I 16 urge the Governor to sign it. I'm sure the 17 Assembly will pass it, and I urge the Governor 18 to read it and sign it. It's necessary. And 19 if he doesn't, we should come back and deal 20 with that at the appropriate time. 21 Right now I think we should be 22 pleased. And I think the family and the 23 advocates should be grateful and thankful. I 24 know I am, for their work and their effort and 25 their leadership. And I'm thankful for the

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(518) 371-8910 1 work of my colleagues -- Senator Libous, 2 Senator Morahan, Senator Bruno, and all of my 3 colleagues on both sides of the aisle who have 4 worked for this particular piece of 5 legislation. Thank you. This is a good job 6 and a job well done. Let's move ahead now. 7 I vote aye. 8 ACTING PRESIDENT WINNER: Senator 9 Marcellino will be recorded in the 10 affirmative. 11 Senator Maziarz, to explain his 12 vote. 13 SENATOR MAZIARZ: Thank you very 14 much, Mr. President. 15 I too rise in support of this 16 legislation. I want to join the chorus of 17 congratulations to Senator Libous and Senator 18 Morahan. 19 I've had the occasion on many days 20 here after session was over with, after long 21 sessions were over with, to meet socially with 22 Senator Libous and talk to him and the 23 frustration that he felt about not being able 24 to come to an agreement on this bill was 25 really, I think, something that's a credit to

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(518) 371-8910 1 him and to Senator Morahan and to all the 2 others who worked on this. I congratulate 3 them. 4 This is a huge step for those in 5 New York who suffer from mental illness. 6 Every one of us, every one of us I'm sure at 7 one time or another has dealt with a family 8 who has come into our district offices or 9 called us on the phone, sometimes in a state 10 of exasperation, as to where to go, what to 11 do, you know, and no place else to turn. 12 Because of the good work of the 13 advocates, Mr. O'Clair, Tom O'Clair, and all 14 the other advocates and the good work of the 15 members of the Assembly and Senator Libous and 16 Senator Morahan, those people will now have a 17 place to go to for treatment. 18 So I congratulate them, and I thank 19 all the members of this Legislature. I'm 20 absolutely certain this is going to pass 21 unanimously here today, as well it should. 22 Thank you, Mr. President. 23 ACTING PRESIDENT WINNER: Senator 24 Maziarz will be recorded in the affirmative. 25 Senator Connor, to explain his

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(518) 371-8910 1 vote. 2 SENATOR CONNOR: Thank you, Mr. 3 President. 4 You know, Senator Padavan pointed 5 out the great leap forward in 1978, when this 6 Legislature provided that insurance to cover 7 mental illness treatment must be made 8 available. And here we are today. 9 And lest we think it's all been 10 nearly three decades of progress, I would 11 point out that the number of New Yorkers who 12 had health insurance in 1978, percentagewise, 13 was I am positive far greater than the 14 percentage than enjoy health insurance today. 15 Simple statistics from that era 16 would show that, I think, today the New York 17 workforce, the percentage of the New York 18 workforce, for example, that's unionized is 19 half of what it was then, or less than half of 20 what it was then. We didn't have Wal-Marts 21 then. We didn't have big box stores. We 22 didn't have these corporations that are 23 national or international in scope that pay 24 minimum wage or a little bit over that and 25 provide no benefits. We didn't have Starbucks

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(518) 371-8910 1 then. 2 So while I'm delighted that we're 3 doing this legislation today, that we're 4 passing Timothy's Law -- and it is a 5 compromise, it's not everything we wanted -- I 6 would point out that we have a much bigger 7 problem if we're going to extend these kind of 8 benefits to all New Yorkers. 9 And that problem is how are we 10 going to provide affordable health insurance 11 coverage to all New Yorkers, and are we not 12 ready to mandate that employers of large 13 numbers of employees ought to lift their fair 14 share of this burden in terms of providing 15 health insurance to all of its employees. 16 That said, I'm glad we're passing 17 this. I don't get angry at the slow pace of 18 progress around here, because if I did, in 19 28 years that anger would have probably eaten 20 me alive -- with all due respect to Senator 21 Liz Krueger, who's been here a much shorter 22 time. But I do get frustrated, and I do wish 23 the pace of progress in this chamber were a 24 little swifter than it's been. 25 And I do congratulate, though, the

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(518) 371-8910 1 sponsor and the Majority Leader and Senator 2 Morahan for their work on this. 3 My friend and colleague Senator 4 Duane, I thank him for not letting a day go by 5 in this chamber without reminding us all that 6 Timothy's Law was something that we needed to 7 do to benefit New York's families, New York's 8 young people, and all New Yorkers who enjoy 9 this benefit. 10 And to Tom O'Clair, I admire and 11 respect the fact that your loss, enormous loss 12 and pain was channelled in such a positive 13 direction to lead to something that will help 14 other New Yorkers to hopefully prevent 15 tragedies and get the services they need. 16 And to the other advocates whose 17 persistence we respect, I thank you for your 18 fine work and for keeping the pressure on, 19 because that's what does get change in this 20 chamber, keeping that pressure on and not 21 forgetting we are here to do for the citizens 22 of New York and to provide for their needs. 23 So, Mr. President, I intend to vote 24 for this. But I do hope in the coming year or 25 years the pace of progress, of progressive

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(518) 371-8910 1 legislation in this chamber picks up and gets 2 us to where we really, really need to be. I 3 don't have another three decades to wait 4 around this chamber for the next big leap 5 forward. Or, I don't know, my grandfather 6 lived to 105, maybe I do, but I don't think 7 I'm going to spend them in this chamber. 8 So I vote aye, Mr. President. 9 ACTING PRESIDENT WINNER: Senator 10 Connor will be recorded in the affirmative. 11 Senator Nozzolio, to explain his 12 vote. 13 SENATOR NOZZOLIO: Thank you, 14 Mr. President. 15 I rise to add to the chorus of 16 those who are supporting this excellent 17 legislation, but only wish to focus my remarks 18 on a special thanks, thanks to the advocates, 19 not just in Albany but throughout the entire 20 state, who networked together, who continually 21 pressed the cause, who instructed myself and 22 other legislators about the real need for this 23 legislation. And I wish to thank them, 24 because it's a victory for those advocates, 25 and thank them for such strident support of

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(518) 371-8910 1 this legislation. 2 I only wish to say that we also 3 will fight hard on other issues that affect 4 the mentally ill, and particularly as the 5 mentally ill are placed in our prison system. 6 I know many in this house as well as the 7 Assembly wish to ensure that we are also 8 taking important strides in that endeavor. 9 Again, thank you. It is an 10 excellent piece of legislation, one that I 11 fully support. And thank you, Mr. President, 12 for the opportunity to explain my vote. I 13 vote aye. 14 ACTING PRESIDENT WINNER: Senator 15 Nozzolio will be recorded in the affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 55. Nays, 18 0. 19 ACTING PRESIDENT WINNER: The 20 bill is passed. 21 (Extended applause.) 22 ACTING PRESIDENT WINNER: Senator 23 Fuschillo, that completes the noncontroversial 24 calendar. 25 SENATOR FUSCHILLO: Please

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(518) 371-8910 1 recognize Senator Little. 2 ACTING PRESIDENT WINNER: Senator 3 Little. Motion of Senator Little. 4 SENATOR LITTLE: Thank you, 5 Mr. President. 6 I wish to call up Senator Wright's 7 bill, Print Number 4605A, recalled from the 8 Assembly, which is now at the desk. 9 ACTING PRESIDENT WINNER: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 2149, by Senator Wright, Senate Print 4605A, 13 an act to amend the Public Service Law. 14 SENATOR LITTLE: Mr. President, I 15 now move to reconsider the vote by which the 16 bill was passed. 17 ACTING PRESIDENT WINNER: The 18 Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 SENATOR LITTLE: Mr. President, I 23 now move to recommit the bill to the Committee 24 on Rules. 25 ACTING PRESIDENT WINNER: So

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(518) 371-8910 1 ordered. 2 SENATOR SKELOS: Mr. President. 3 ACTING PRESIDENT WINNER: Senator 4 Skelos. 5 SENATOR SKELOS: There will be an 6 immediate meeting of the Health Committee in 7 the Majority Conference Room. 8 ACTING PRESIDENT WINNER: The 9 Senate will stand at ease until the return of 10 the Health Committee from the Majority 11 Conference Room. 12 (Whereupon, the Senate stood at 13 ease at 4:56 p.m.) 14 (Whereupon, the Senate reconvened 15 at 5:03 p.m.) 16 ACTING PRESIDENT LITTLE: Senator 17 Skelos. 18 SENATOR SKELOS: Madam President, 19 there will be an immediate meeting of the 20 Finance Committee in the Majority Conference 21 Room. 22 ACTING PRESIDENT LITTLE: Thank 23 you. The Finance Committee will meet 24 immediately in the Majority Conference Room. 25 (Whereupon, the Senate stood at

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(518) 371-8910 1 ease at 5:04 p.m.) 2 (Whereupon, the Senate reconvened 3 at 5:19 p.m.) 4 ACTING PRESIDENT LITTLE: Senator 5 Skelos. 6 SENATOR SKELOS: Madam President, 7 if we could return to reports of standing 8 committees, there's a report of the Finance 9 Committee at the desk. 10 I'd ask that that be read with the 11 list of individuals who did not have to 12 appear. We'll read that list first. 13 ACTING PRESIDENT LITTLE: Thank 14 you. Reports of standing committees. The 15 Secretary will read the report of the Finance 16 Committee. 17 SENATOR SKELOS: Excuse me, Madam 18 President. We'll read the list, and then any 19 individual who wishes to vote against any one 20 of those individuals, they can stand up and so 21 indicate. 22 ACTING PRESIDENT LITTLE: Thank 23 you. The Secretary will read. 24 THE SECRETARY: Senator Johnson, 25 from the Committee on Finance, reports the

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(518) 371-8910 1 following nominations. 2 As director of the State of 3 New York Mortgage Agency, Eileen Mildenberger, 4 of New York City. 5 As directors of the State of 6 New York Municipal Bond Bank Agency, Kenneth 7 M. Bialo, of Larchmont, and Michael J. 8 Townsend, Esquire, of Fairport. 9 As a member of the New York Job 10 Development Authority, Adam Barsky, of 11 New York City. 12 As an alternate nonvoting member of 13 the Metropolitan Transportation Authority, 14 Norman E. Brown, of Brooklyn. 15 As a member of the New York State 16 Bridge Authority, Robert P. Carter, of 17 Poughkeepsie. 18 As members of the Central New York 19 Regional Transportation Authority, Deraux L. 20 Branch, of Syracuse, and Vincent A. O'Neil, 21 Esquire, of Syracuse. 22 As a member of the Niagara Frontier 23 Transportation Authority, Thomas H. Burton, of 24 Clarence. 25 As a member of the Ogdensburg

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(518) 371-8910 1 Bridge and Port Authority, William D. Nelson, 2 of Ogdensburg. 3 As a member of the Port of Oswego 4 Authority, Christopher C. Dain, of Oswego. 5 As a member of the New York State 6 Thruway Authority, Frederick M. Howard, of 7 Valley Falls. 8 As a member of the Board of 9 Trustees of the State University of New York 10 College of Environmental Science and Forestry, 11 William L. McGarry, Jr., of Fayetteville. 12 As a member of the Small Business 13 Advisory Board, Frank S. Falatyn, of Hurley. 14 As members of the State Board of 15 Real Property Services, George Herren, of 16 Canandaigua, and Michael Joseph, Jr., of 17 Marathon. 18 As a member of the State 19 Environmental Board, Gregory Harden, of 20 McConnellsville. 21 As a member of the Albany Pine Bush 22 Preserve Commission, John K. Brust, of Central 23 Bridge. 24 As a member of the Firefighting and 25 Code Enforcement Personnel Standards and

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(518) 371-8910 1 Education Commission, Kevin Shamus Malley, of 2 the Bronx. 3 As a member of the Genesee State 4 Park, Recreation and Historic Preservation 5 Commission, Margaretha Buerman, of Webster. 6 As members of the Long Island State 7 Park, Recreation and Historic Preservation 8 Commission, Lawrence T. Mahon, of Syosset, and 9 Lisa Dewald Stoll, of Oyster Bay. 10 As members of the Saratoga-Capital 11 District State Park, Recreation and Historic 12 Preservation Commission, David Golub, of 13 Schenectady, and Karl Jay Sleight, Esquire, of 14 Saratoga Springs. 15 As members of the Republic Airport 16 Commission, Philip Acinapuro, of North 17 Massapequa; Vincent A. Bologna, Jr., of West 18 Babylon, and Joan Flaumenbaum, of Farmingdale. 19 As a member of the Medical Advisory 20 Committee, Mary Kathryn Lashomb, of Malone. 21 As members of the Board of 22 Directors of the New York Convention Center 23 Operating Corporation, Christine Ferer, of 24 New York City; Betty Levin, of New York City; 25 Edward J. Malloy, of New York City; and

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(518) 371-8910 1 Jeffrey D. Stewart, of New York City. 2 As a member of the State Council on 3 the Arts, Amy Donna Newman, of New York City. 4 As a member of the Citizens Policy 5 and Complaint Review Council, Brian W. Cotter, 6 of Rensselaer. 7 As a member of the State Fire 8 Prevention and Building Code Council, Robert 9 Hankin, of Poughkeepsie. 10 As members of the State Hospital 11 Review and Planning Council, Michael H. 12 Barnett, Esquire, of New York City; Sister 13 Joseph Mary Brecanier, of Albany; Thomas E. 14 Holt, of Jamestown; and Richard Nelson 15 Rosenthal, M.D., of New York City. 16 As members of the Council on Human 17 Blood and Transfusion Services, William Allen 18 Fricke, M.D., of Rochester, and Donna 19 Skerrett, M.D., of Mount Vernon. 20 As a member of the Mental Health 21 Services Council, Steven J. Miccio, of 22 Fishkill. 23 As a member of the Public Health 24 Council, Joseph A. Cimono, of North Tarrytown. 25 As commissioners of the State

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(518) 371-8910 1 Insurance Fund, Donald T. DeCarlo, Esquire, of 2 Southold; William A. O'Loughlin, Jr., of 3 Williamsville; and Jane A. Rees-Halbritter, 4 Jr., of Rome. 5 As a member of the Board of 6 Visitors of the New York State Home for 7 Veterans and Their Dependents at St. Albans, 8 Angelo Lomonaco, of Elmont. 9 As members of the Board of Visitors 10 of the Binghamton Psychiatric Center, Gerald 11 J. Buckley, of Binghamton, and Joyce Gioia, of 12 Binghamton. 13 As a member of the Capital District 14 Psychiatric Center, Friederike Barker, of 15 Albany. 16 As a member of the Board of 17 Visitors of the Creedmoor Psychiatric Center, 18 Christine Spigner, of Jamaica. 19 As a member of the Board of 20 Visitors of the Elmira Psychiatric Center, 21 Judith H. Phillips, of Watkins Glen. 22 As a member of the Board of 23 Visitors of the Manhattan Psychiatric Center, 24 Agnes A. Violenus, of New York City. 25 As a member of the Board of

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(518) 371-8910 1 Visitors of the Mohawk Valley Psychiatric 2 Center, Joseph D. Harder, of Marcy. 3 As members of the Board of Visitors 4 of the New York City Home for Veterans and 5 Their Dependents at Montrose, William T. 6 Mahan, of New York City; Freemont Reif, of 7 Mohegan Lake; and William Rizzuto, of 8 Dobbs Ferry. 9 As a member of the Board of 10 Visitors of the Rochester Psychiatric Center, 11 George Follett, of Albion. 12 And as a member of the Board of 13 Visitors of the Western New York Children's 14 Psychiatric Center, Ramon Perez, of Hamburg. 15 ACTING PRESIDENT LITTLE: Senator 16 Johnson. 17 SENATOR JOHNSON: Move the 18 nominations. 19 ACTING PRESIDENT LITTLE: The 20 question is on the confirmation of the 21 nominees as read by the Secretary. All in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT LITTLE: 25 Opposed, nay.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Nay. 2 ACTING PRESIDENT LITTLE: Senator 3 Krueger will be so recorded. 4 SENATOR LIZ KRUEGER: Madam 5 President. 6 ACTING PRESIDENT LITTLE: Yes. 7 SENATOR LIZ KRUEGER: It's my 8 understanding that I should for the record 9 clarify that I am voting yes on the nominees 10 for the Board of Visitors positions, but I am 11 voting no on all of the other nominees without 12 hopefully needing to read through. 13 We got notice of these people 14 yesterday; I believe our counsel got it at 15 4:00 o'clock on Wednesday. I feel that the 16 Governor had the opportunity to give us far 17 more time to review the nominees. We get 18 three days, at least, on bills. We should 19 have had at least three days to review 61 20 nominees. 21 So no on every one on that basis 22 except for the Board of Visitors, who were 23 provided to us earlier. 24 Thank you. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. The record will so reflect that, Senator 2 Krueger. 3 Senator Connor. 4 SENATOR CONNOR: Yes, Madam 5 President. I would like to be recorded as 6 voting no on the reappointment and new 7 appointment to the Workers' Compensation 8 Board, those two nominees. 9 And I would also just like to, 10 while I'm voting yes for the other nominees, 11 congratulate the appointment of Norman Brown, 12 a constituent of mine from the Machinists 13 Union. And I'm happy to vote yes on his 14 appointment. Thank you. 15 ACTING PRESIDENT LITTLE: Thank 16 you. You will be so recorded. 17 Senator Skelos. 18 SENATOR SKELOS: If I could 19 interrupt for just one moment, I want to point 20 out that the first three appointments that had 21 to appear are not technically before the house 22 at this time, the Workers' Compensation Board. 23 It's all the nonappearances. 24 So if anybody wishes to vote 25 against any one of those, they should do that.

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(518) 371-8910 1 And then we'll take up the three other 2 nominees. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator Skelos. 5 The nominees are hereby confirmed. 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Madam 8 President, could we just have a moment. I 9 think there's a little confusion about 10 procedure. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Hassell-Thompson. 13 SENATOR HASSELL-THOMPSON: Thank 14 you, Madam President. I wish to vote no on 15 the nominee for the director of the State of 16 New York Mortgage Agency. 17 ACTING PRESIDENT LITTLE: Thank 18 you. The record will so reflect that. 19 Senator Savino. 20 SENATOR SAVINO: Yes, Madam 21 President, I also would like the record to 22 reflect that I am voting no on the appointment 23 of Eileen Mildenberger as director of the 24 State of New York Mortgage Agency. But yes on 25 all the other nominations.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. The record will so reflect that, Senator 3 Savino. 4 Senator Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Madam President. 7 I echo Senator Krueger's concern 8 about the Governor's -- the lateness with 9 which he passed these up. It's not the fault 10 of any of the nominees or anyone in this 11 house. It is unfortunate, but I will also be 12 voting no for the nominee for the State 13 Mortgage Agency. 14 There are other good appointments 15 here, and I'm sorry we didn't have more time 16 to consider and evaluate them. Jeffrey 17 Stewart, in particular, nominated and now 18 confirmed to the New York Convention Center 19 Operating Corporation, is an excellent nominee 20 whom I've known for many years. 21 I wish we did have more time to 22 deal with this, and that's something that on 23 day one we'll change. Thank you. 24 ACTING PRESIDENT LITTLE: Thank 25 you. The record will so reflect your negative

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(518) 371-8910 1 vote. 2 Senator Gonzalez. 3 SENATOR GONZALEZ: Yes, I'd like 4 to vote in the negative on the director of the 5 New York State Mortgage Agency, Eileen 6 Mildenberger, in the negative on that one. 7 ACTING PRESIDENT LITTLE: Thank 8 you. The record will so reflect that, 9 Senator. 10 The nominees as read by the 11 Secretary are hereby confirmed. 12 The Secretary will read. 13 THE SECRETARY: As executive 14 director of the New York State Office of 15 Science, Technology and Academic Research, 16 Michael J. Relyea, Esquire, of Clifton Park. 17 ACTING PRESIDENT LITTLE: Senator 18 Johnson. 19 SENATOR JOHNSON: Move the 20 nomination. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Madam President. On the nomination.

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(518) 371-8910 1 Madam President and my colleagues, 2 I rise in support of Mike Relyea to be the 3 director of NYSTAR. 4 Congratulations to Mike. In the 5 absence of Senator Alesi, I know that Mike has 6 worked very hard to earn this position. He 7 has been an excellent worker within the 8 legislative process, understands the 9 legislative process and understands in 10 particular, although not now living in 11 Rochester, has a firm knowledge of how the 12 commercialization of science is so important 13 to Rochester and all of Western New York. And 14 that this is an excellent appointment. 15 And, Mike, you did an excellent job 16 working here in the Senate and at NYSTAR, and 17 now we're very glad to see the Governor 18 recognize your contributions for this 19 important position. 20 An excellent appointment, Madam 21 President. I fully support it. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Maziarz. 25 SENATOR MAZIARZ: Thank you very

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(518) 371-8910 1 much, Madam President. I too rise to support 2 this nomination of Mike Relyea. 3 I've known Mike several years now, 4 when he worked for the Governor's office and 5 worked for Senator Alesi here in the Senate. 6 He was always on top of legislation. I know 7 he always had a very special interest in 8 science and technology and all that's going on 9 in New York to create the next generation of 10 jobs, if you will. And I think that Mike will 11 be a great appointment to the office of 12 Science, Technology and Academic Research, and 13 I wholeheartedly support this nomination. 14 And, Mike, congratulations to you 15 on your next step in your career, and to your 16 family. Thank you. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 The question is on the confirmation 20 of Michael Relyea as executive director of the 21 New York State Office of Science, Technology 22 and Academic Research. All those in favor say 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Opposed, nay. 2 (Response of "Nay.") 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Congratulations to Michael Relyea, 6 who is here today with his wife, Maria, his 7 son, Thomas, and his daughter, Olivia. 8 And I take special honor in 9 congratulating him, since Michael originally 10 is from the town of Moriah in my district, in 11 Essex County, and certainly is one of their 12 exemplary citizens. And they'll be happy to 13 hear of this nomination and confirmation of 14 it. 15 Thank you and congratulations, 16 Michael. 17 (Applause.) 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read. 20 THE SECRETARY: As a member of 21 the Workers' Compensation Board, Michael T. 22 Berns, of New York City. 23 ACTING PRESIDENT LITTLE: Senator 24 Johnson. 25 SENATOR JOHNSON: Move the

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(518) 371-8910 1 nomination. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 The question is on the confirmation 5 of Michael T. Burns as a member of the 6 Workers' Compensation Board. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT LITTLE: 10 Opposed. 11 (Response of "Nay.") 12 ACTING PRESIDENT LITTLE: Michael 13 T. Berns is hereby confirmed as a member of 14 the Workers' Compensation Board, and he is 15 joining us today. 16 Thank you and congratulations. 17 (Applause.) 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read. 20 THE SECRETARY: As a member of 21 the Workers' Compensation Board, Ellen O. 22 Paprocki, of Baldwinsville. 23 ACTING PRESIDENT LITTLE: Thank 24 you. Senator Johnson. 25 SENATOR JOHNSON: Move the

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(518) 371-8910 1 nomination. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 The question is on the nomination 5 of Ellen O. Paprocki, of Baldwinsville, as a 6 member of the Workers' Compensation Board. 7 All those in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT LITTLE: Those 10 opposed. 11 (Response of "Nay.") 12 ACTING PRESIDENT LITTLE: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Madam 15 President, I just want to make it clear for 16 the record, since there's a little confusion 17 about procedure, that I'm opposing both of 18 those nominees. 19 And I would encourage any of my 20 colleagues to stand and clarify that they want 21 to be recorded in the negative on both. There 22 is no recording of a roll call here, so please 23 stand and indicate to the chair your 24 opposition to one or both of the nominees to 25 the Workers' Compensation Board.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Savino. 3 SENATOR SAVINO: Yes, I'd like 4 the record to reflect that I am voting no on 5 the reappointment of Michael T. Berns to the 6 Workers' Compensation Board, and I am also 7 voting no on the new appointment of Ellen O. 8 Paprocki to the Workers' Compensation Board. 9 ACTING PRESIDENT LITTLE: Thank 10 you. The record will so reflect that. 11 SENATOR SAVINO: Thank you. 12 ACTING PRESIDENT LITTLE: Senator 13 Sabini. 14 SENATOR SABINI: I want the 15 record to reflect that I'm voting no on 16 Mr. Berns -- not from "The Simpsons," but from 17 the Workers' Compensation Board -- and 18 Ms. Paprocki. 19 ACTING PRESIDENT LITTLE: The 20 record will reflect that. 21 Senator Breslin. 22 SENATOR BRESLIN: Thank you, 23 Madam President. 24 I would also like to be recorded as 25 opposing the nominations of Michael T. Berns

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(518) 371-8910 1 and Ellen Paprocki. It is not a reflection on 2 their abilities, but it's a reflection on the 3 process itself, with the switching of the 4 positions. 5 ACTING PRESIDENT LITTLE: The 6 record will reflect that. 7 Senator Smith. 8 SENATOR MALCOLM SMITH: Yes, 9 thank you, Madam President. 10 I too want to be recorded in the 11 negative on the reappointment of Michael Berns 12 and also the new appointment of Ellen 13 Paprocki. And similar to Senator Breslin, not 14 with regard to their qualifications, but with 15 regard to the process in terms of their being 16 switched. 17 ACTING PRESIDENT LITTLE: The 18 record will reflect that. 19 Senator Krueger. 20 SENATOR LIZ KRUEGER: I also 21 would like to be recorded in the negative on 22 Michael Berns and Ellen Paprocki, for the same 23 basis that I have voted no on all of the 24 others today. Thank you. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 record will reflect that. 2 Senator Gonzalez. 3 SENATOR GONZALEZ: Yes, I'd like 4 the record to reflect my opposition to the 5 reappointment of Michael Berns and the new 6 appointment of Ellen Paprocki. And for stated 7 reasons, as part of the process, in the 8 negative. 9 ACTING PRESIDENT LITTLE: Thank 10 you. The record will reflect that. 11 Senator Hassell-Thompson. 12 SENATOR HASSELL-THOMPSON: Thank 13 you, Madam President. 14 Please let the record reflect that 15 I too am voting in the negative for 16 Mr. Michael Berns as well as Ms. Paprocki as 17 members of the Workers' Compensation Board. 18 ACTING PRESIDENT LITTLE: The 19 record will reflect that. 20 Senator Connor. 21 SENATOR CONNOR: Thank you, Madam 22 President. 23 I would like the record to reflect 24 that on the voice vote that we took, I voted 25 no on the reappointment of Michael Berns to

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(518) 371-8910 1 the Workers' Compensation Board and the new 2 appointment of Ellen Paprocki to the Workers' 3 Compensation Board. Thank you. 4 ACTING PRESIDENT LITTLE: Thank 5 you. The record will reflect that. 6 Senator Maziarz. 7 SENATOR MAZIARZ: Madam 8 President, thank you very much. 9 I rise to stand up and to let the 10 record show that I vote in the affirmative on 11 the reappointment of Michael Berns and Ellen 12 O. Paprocki, both of whom appeared before the 13 Senate Labor Committee, both of whom have 14 served as members of the Workers' Compensation 15 Board with distinction and brought the 16 Workers' Compensation Board, from a technology 17 standpoint, from an agency that was years 18 behind schedule to where it is up-to-date and 19 is processing claims much quicker than they 20 ever have before. 21 I stand to let the record show that 22 I vote in the affirmative for both appointees. 23 Thank you, Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you, Senator Maziarz.

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(518) 371-8910 1 The nominees, Michael T. Berns and 2 Ellen O. Paprocki, are hereby confirmed as 3 members of the Workers' Compensation Board. 4 Congratulations to both of you. 5 (Applause.) 6 ACTING PRESIDENT LITTLE: Senator 7 Skelos. 8 SENATOR SKELOS: Madam President, 9 is there any further business at the desk? 10 ACTING PRESIDENT LITTLE: No, 11 there is not, Senator. 12 SENATOR SKELOS: There being no 13 further business to come before the Senate, I 14 move we stand adjourned until the call of the 15 Majority Leader, intervening days being 16 legislative days. 17 ACTING PRESIDENT LITTLE: Thank 18 you. On motion, the Senate stands adjourned 19 till the call of the Majority Leader, 20 intervening days being legislative days. 21 (Whereupon, at 5:39 p.m., the 22 Senate adjourned.) 23 24 25

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(518) 371-8910