Wednesday, April 18, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 18, 2007 11 11:03 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I ask that everyone present please 5 rise and repeat with me the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: In 10 the absence of clergy, may we observe a moment 11 of silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, April 17, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 16, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as read. 24 We have the presentation of 25 petitions.

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(518) 371-8910 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could adopt the Resolution Calendar. 11 ACTING PRESIDENT MARCELLINO: All 12 in favor of adopting the Resolution Calender 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MARCELLINO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MARCELLINO: The 19 Resolution Calendar is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 Resolution 1307 by Senator Wright was 23 previously adopted on March 30th. If we could 24 have it read in its entirety at this time. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Wright, Legislative Resolution Number 1307, 4 congratulating the SUNY Oswego Men's Hockey 5 Team upon the occasion of capturing the 2007 6 NCAA Division III Championship. 7 "WHEREAS, Excellence and success in 8 competitive sports can be achieved only 9 through strenuous practice, team play and team 10 spirit, nurtured by dedicated coaching and 11 strategic planning; and 12 "WHEREAS, It is the sense of this 13 Legislative Body to recognize and pay tribute 14 to those teams within the State of New York 15 who have inspired and brought pride to their 16 school and community by achieving outstanding 17 success in athletic competition; and 18 "WHEREAS, Attendant to such 19 concern, and in full accord with its 20 long-standing traditions, this Legislative 21 Body is justly proud to congratulate the SUNY 22 Oswego Men's Hockey Team upon the occasion of 23 capturing the 2007 NCAA Division III 24 Championship; and 25 "WHEREAS, The SUNY Oswego Lakers

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(518) 371-8910 1 Men's Hockey Team defeated Middlebury College 2 4-3 to finish the season with a 23-3-3 record 3 and captured the school's first team 4 championship in any sport; and 5 "WHEREAS, The Lakers were led by 6 goalie Ryan Scott, who made 47 saves in the 7 game, to set an NCAA Division III Championship 8 record. In addition, his 19 saves in the 9 first period tied a record held by two other 10 players; and 11 "WHEREAS, The athletic talent 12 displayed by this team is due in great part to 13 the efforts of Head Coach Ed Gosek and his 14 team of outstanding assistant coaches, skilled 15 and inspiration tutors who have done a superb 16 job in guiding, molding and inspiring the team 17 members toward their goals; and 18 "WHEREAS, Loyally and 19 enthusiastically supported by family, fans, 20 friends and the community at large, the SUNY 21 Oswego Men's Hockey Team have proven 22 themselves to be an unbeatable combination of 23 talents, reflecting favorably on their school; 24 now, therefore, be it 25 "RESOLVED, That this Legislative

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(518) 371-8910 1 Body pause in its deliberations to 2 congratulate the SUNY Oswego Men's Hockey 3 Team, its members -- Chris Hyk, Rich Zalewski, 4 Kyle McCutcheon, Rick Varone, Tyler Laws, 5 Trevor Gilligan, Neil Musselwhite, Derrell 6 Levy, Tony DiNunzio, Garren Reisweber, C.J. 7 Thompson, Brad Dormiedy, Jeffrey Johnstone, 8 Ryan Woodward, Brendan McLaughlin, Peter 9 Magagna, Tyler Lyon, Ryan Ellis, Mike Novak, 10 Mark Lozzi, Francois Gagnon, Matt Whitehead, 11 Ryan Koresky, Matt Wolf, Ryan Scott -- 12 Assistant Coaches Dan Ford, Pete Sears and 13 Glenn Sisman, and Head Coach Ed Gosek upon the 14 occasion of capturing the 2006 NCAA Division 15 III Championship; and be it further 16 "RESOLVED, That a copy of this 17 resolution, suitably engrossed, be transmitted 18 to the SUNY Oswego Men's Hockey Team." 19 ACTING PRESIDENT MARCELLINO: On 20 the resolution, Senator Wright. 21 SENATOR WRIGHT: Thank you, 22 Mr. President. 23 I rise to welcome the national 24 champions here to the State Capitol today. 25 I'm joined by two of my Assembly colleagues,

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(518) 371-8910 1 who also represent the Oswego area, 2 Assemblyman Barclay and Assemblyman 3 Townsend -- if you'd please rise. They will 4 be escorting the team to the Assembly chambers 5 in a few minutes. 6 This is a great opportunity to 7 recognize one of our SUNY institutions and the 8 accomplishments of our student athletes. SUNY 9 Oswego has sent hockey teams to the Final 10 Four -- or what's referred to as the Frozen 11 Four in hockey circles -- on three different 12 occasions. And this past year this team, 13 these young men were successful in becoming 14 the national champions for the first time in 15 Division III. They have a long history of 16 successfully winning SUNY championships, both 17 at the tournament level as well as 18 consistently ending atop the SUNY standings at 19 the end of the year. 20 So we're very proud of them. The 21 institution itself is a strong part of our 22 SUNY system, a strong part of the local 23 economy, and everyone, the entire community at 24 large, took a great deal of pride in the 25 accomplishment of these young men and their

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(518) 371-8910 1 team. 2 I want to identify and recognize a 3 couple of individuals. Number one, of course, 4 the team is led by its coach, Ed Gosek. Ed, 5 if you would stand, please. 6 Ed has been coach of the Oswego 7 State Lakers since 2003, and this past year he 8 was recognized as the AHCA Division III Coach 9 of the Year. So you can see we're very 10 pleased that the coach as well has been 11 recognized for his accomplishments, and we 12 want to acknowledge those efforts, too. 13 Ed, job well done, and I know the 14 team feels that way. 15 Ed is accompanied by Tim Hale, who 16 is the athletic director for the State 17 University at Oswego. 18 The team is host to two All 19 Americans: Ryan Scott, who's the goalie and 20 is a junior, from Williamsville, New York, 21 represented by my colleague to our right, 22 Senator Rath. We also have another All 23 American, Brendan McLaughlin, who's a forward 24 and a sophomore. 25 Then we have three other

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(518) 371-8910 1 New Yorkers: Rich Zalewski, who is a senior 2 from New Hartford; Trevor Gilligan, who's a 3 senior from Saranac Lake; and Garren 4 Reisweber, who is a sophomore from 5 Williamsville also. It is Garren who scored 6 the goal that won the championship in the 7 overtime that made Oswego the national 8 champions over Middlebury. 9 We're very proud of this team, of 10 what it represents. These student athletes 11 not only represent our community, but they 12 represent the State of New York. Their 13 success in no small part is directly 14 attributable to the investment the State of 15 New York has made in brand-new facilities that 16 were opened this year, a brand-new student 17 center with a combined hockey facility that is 18 now home to the national champions. I think 19 that's the kind of investment we can be proud 20 of as New Yorkers. 21 We know that this team will be 22 returning next year, because next year 23 New York State will be hosting the national 24 championship, the Frozen Four, at Lake Placid. 25 So we look forward to New York being

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(518) 371-8910 1 represented by Oswego State and these young 2 men returning with a second trophy so that 3 they can repeat and then sent the stage for a 4 three-peat. 5 I'd like to ask Captain Ryan 6 Woodward to stand, if he would. Ryan has the 7 trophy, if you would share that with everyone. 8 That's a what a national trophy looks like. 9 These young men, if you would all 10 rise, are what national champions look like. 11 Congratulations. We welcome you to the 12 Capitol. We're very proud of you. We 13 appreciate you taking the time. 14 Thank you, Mr. President. 15 (Applause.) 16 ACTING PRESIDENT MARCELLINO: 17 Gentlemen, I hope you feel no pressure as a 18 result of Senator Wright's remarks. 19 Senator Rath, please. 20 SENATOR RATH: Thank you, 21 Mr. President. 22 I would like to add my 23 congratulations to those of the other members, 24 and particularly to Senator Wright for 25 bringing the team here today so we can say

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(518) 371-8910 1 thank you in person. 2 And congratulations to the coach 3 and the athletic director and team captain, 4 and of course my two constituents, Garren 5 Reisweber and Ryan Scott from Williamsville. 6 Congratulations, gentlemen. 7 I would assume that somewhere along 8 the way you played Amherst hockey over in the 9 Pepsi Center, or somewhere in Western New York 10 you may have played hockey before you got to 11 college. And I will only say that hockey is 12 sort of a Western New York pastime. Not only 13 do we have lots of cold and snow and Canadians 14 right across the bridge, as we all know, but 15 we have -- as Oswego saw lots of snow and ice 16 this year, we've always made the best of our 17 cool and cold winters. 18 I would say to you please pay 19 attention tonight as the Buffalo Sabres are 20 squaring off against the Long Islanders. You 21 will see there's a competition going on 22 between the upstate representatives from 23 Western New York and the Senators from Long 24 Island as the Islanders and the Sabres, as I 25 said, square off in this next game of the

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(518) 371-8910 1 Stanley Cup finals. And of course I'm going 2 to have to wear an Islanders jersey if the 3 Sabres aren't successful. As we know, they 4 will be wearing Sabres jerseys, because we 5 know the Sabres will be successful. 6 So keep up the good work as 7 national champs. Enjoy this moment in the 8 sun. Come back next year. And as Senator 9 Wright says, we'll be on the way next year 10 towards a three-peat, which you will have the 11 following year. We're very proud of you. 12 Good luck, and Godspeed. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Little, on the resolution. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 I would like to join all my 18 colleagues in recognizing this wonderful team 19 from our SUNY systems school of Oswego, with 20 the Division III Championship. And I might 21 mention that their sister school, SUNY 22 Plattsburgh Women's Hockey, won the Division 23 III NCAA Championship as well. So we're very 24 proud of our SUNY system athletic programs. 25 But I'm very proud of one of my

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(518) 371-8910 1 constituents, Trevor Gilligan, from Saranac 2 Lake, who is here. His dad is an important 3 part of the faculty at Saranac Lake Central 4 School. Athletics has been a big part of 5 Trevor's life and his whole family's life, and 6 I congratulate him for his participation, for 7 his wonderful success on this team. 8 Congratulations to all of you on a 9 really major achievement. 10 Thank you. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator. 13 The resolution has been adopted 14 previously, so there will be no need to vote. 15 Congratulations, gentlemen. Keep 16 up the good work. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 there will be an immediate meeting of the 20 Finance Committee in the Majority Conference 21 Room. 22 ACTING PRESIDENT MARCELLINO: 23 There will be an immediate meeting of the 24 Finance Committee in the Majority Conference 25 Room, Room 332.

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(518) 371-8910 1 The Senate will stand at ease 2 pending the return of the Finance Committee. 3 (Whereupon, the Senate stood at 4 ease at 11:15 a.m.) 5 (Whereupon, the Senate reconvened 6 at 12:44 p.m.) 7 ACTING PRESIDENT MARCELLINO: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: Would you 10 please move to the noncontroversial reading of 11 the calendar and read same, please. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read same. 14 THE SECRETARY: Calendar Number 15 27, by Senator Larkin, Senate Print 224A, an 16 act to amend the Labor Law, in relation to 17 certain dancers. 18 SENATOR DeFRANCISCO: Please lay 19 that aside for the day. 20 ACTING PRESIDENT MARCELLINO: The 21 bill will be laid aside for the day. 22 THE SECRETARY: Calendar Number 23 239, by Senator Morahan, Senate Print 924, an 24 act to amend the Mental Hygiene Law, the 25 Social Services Law, and the Education Law.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the first of January. 5 SENATOR DeFRANCISCO: Lay that 6 aside temporarily. 7 ACTING PRESIDENT MARCELLINO: Lay 8 that bill aside temporarily, please. 9 THE SECRETARY: Calendar Number 10 240, by Senator Libous, Senate Print 2148, an 11 act to amend the Mental Hygiene Law, in 12 relation to directing the State Commission on 13 Quality of Care. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 56. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 242, by Senator Morahan, Senate Print 2901, an 2 act to amend the Mental Hygiene Law, in 3 relation to requiring. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of January. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 243, by Senator Morahan, Senate Print 3105A, 16 an act to amend the Mental Hygiene Law, in 17 relation to incident notifications. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 11. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Morahan, to explain his vote. 2 SENATOR MORAHAN: Thank you, 3 Mr. President. 4 This bill, which will now be called 5 Jonathan's Law, is dedicated to the memory of 6 a young 14-year-old autistic boy, Jonathan 7 Carey, who, while in the hands of a state 8 facility, lost his life. 9 And while we're not going to 10 discuss at this time any of the ramifications 11 that occurred, inasmuch as it's under current 12 investigation by law enforcement, the genesis 13 of the bill really goes back to another 14 location where Jonathan was housed, the 15 Anderson School. And his presents had 16 approached the Legislature prior to his demise 17 about what happened in the Anderson School and 18 their inability to access records of what 19 investigation, if any, occurred on allegations 20 of abuse. 21 They went to the district attorney, 22 they went to all agencies they could access. 23 And notwithstanding that effort, they really 24 didn't learn a whole lot, if anything, about 25 what occurred. I believe after several months

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(518) 371-8910 1 they just received a one-page -- 2 ACTING PRESIDENT MARCELLINO: 3 Senator Morahan, if I may interrupt, I was in 4 error when I asked you to explain your vote. 5 The bill that I believe you want to talk on 6 and others have indicated they wish to talk on 7 is Senate 924, which was laid aside 8 temporarily. 9 If you don't mind, can I make a 10 correction? May I correct my error? 11 SENATOR MORAHAN: Yes. 12 ACTING PRESIDENT MARCELLINO: And 13 lay this bill aside that we have on the floor 14 right now, and recall Senate 924. 15 Senator, continue. I apologize. 16 SENATOR MORAHAN: We were on the 17 right bill; correct? 18 ACTING PRESIDENT MARCELLINO: Go 19 ahead. 20 SENATOR MORAHAN: Okay. Thank 21 you, Mr. President. 22 At any rate, this bill will now 23 allow parents and others to access files of 24 their loved ones for any investigation of 25 abuse.

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(518) 371-8910 1 We believe the people of the State 2 of New York want the parents of children that 3 are either in an institution run by the state 4 or an institution run by a certified agency by 5 a state to have access of any improprieties, 6 allegations of abuse, and any investigations 7 that flow from that. 8 The bill does provide for the 9 redacting of names to protect those who 10 testify to remove any chilling factor that may 11 occur because people are somewhat reluctant to 12 testify, so we can get to the truth, the whole 13 truth, and nothing but the truth, as they say. 14 This bill will also direct that 15 parents and loved ones be notified by OMRDD of 16 any infractions or allegations of abuse 17 relating to their children. 18 The Carey family has pursued this 19 type of legislation for a long time before 20 their son died, and since he died. We have a 21 similar bill in the Assembly, and that bill 22 will be passed on Monday. And I ask 23 everyone's support for this bill that I 24 believe will open up, bring in some fresh air, 25 if you will, to those investigations happening

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(518) 371-8910 1 in the OMRDD agency or agencies that they 2 oversee. 3 It's called Jonathan's Law in 4 memory of that young boy, an autistic child 5 who died while in and under state authority. 6 And I think the Carey family, who worked so 7 hard to get this bill through and the 8 necessary support for it, ought to be 9 congratulated. And they're with us this 10 afternoon observing these proceedings. 11 Thank you, Mr. Chairman. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Breslin, to explain his vote. 14 SENATOR BRESLIN: Thank you, 15 Mr. President. 16 The Carey family, Lisa and Michael, 17 came into my office some three years ago, and 18 they alleged violations dealing with their son 19 Jonathan. And at that time it was impossible 20 to get any information, and in fact agencies 21 stonewalled the family. Letters were written 22 to the district attorney, to all of the state 23 agencies involved, to executive agencies, 24 without response. And unfortunately it took 25 the death of Jonathan, in an unrelated event,

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(518) 371-8910 1 to bring everyone together. 2 And we look around and we think of 3 so much legislation that we pass which is in 4 effect positive legislation, but it's 5 predicated on someone's death. And why is it 6 not possible to, at the time things happen 7 without serious injury or death, we can't be 8 more deliberative to come up with good 9 solutions? 10 So it's hoped that at least with 11 this legislation that Jonathan's name will 12 live on, that we will begin to be much more 13 transparent in the way we deal with the most 14 vulnerable of our citizens, particularly in 15 this case. Jonathan was nonverbal and in 16 serious condition. And we need people in 17 those situations not only to take care of our 18 most vulnerable but to look after the people 19 who are taking care of them. 20 So I heartily support this bill. I 21 think it will bring much transparency to an 22 area where we really deal with over 100,000 23 disabled children in this state. And this law 24 will do much to change the way we've done 25 business in the past.

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(518) 371-8910 1 And I applaud the Careys for never 2 taking their eye off the ball to change the 3 system, to make the system better. 4 I vote aye. 5 ACTING PRESIDENT MARCELLINO: 6 Senator LaValle, to explain his vote. 7 SENATOR LaVALLE: Thank you very 8 much, Mr. President. 9 I just want to be very brief, but I 10 wanted to just take a few seconds to 11 compliment our chairman who has shown, in 12 dealing with this chairmanship, a focus, an 13 energy, but also, in an area that is very, 14 very complex and can be very emotional, a 15 great deal of compassion in bringing 16 legislation and resolving problems, working 17 with families to get a result. 18 And, Senator Morahan, I just really 19 compliment you for your work. 20 I have a very, very dear and close 21 personal friend who has three autistic 22 children. And over the period of many years, 23 I have learned of all of the complexities. 24 And each one of us in this chamber are 25 learning that as we approach the issue of

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(518) 371-8910 1 autism, we are learning. 2 It is an evolving area of 3 knowledge, of concern, and certainly this 4 legislation comes at a time when everyone -- 5 Senator Breslin talked about transparency; 6 fresh air, Senator Morahan used. And I think 7 I'll choose a different word, sunshine, 8 sunlight on an issue that I think parents and 9 other individuals need to have knowledge, need 10 to have the tools on how we repair a situation 11 so it never, ever happens again. 12 And so I congratulate you, Senator 13 Morahan, for bringing this bill before us. 14 Thank you. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Libous, to explain his vote. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 And like my colleague Senator 20 LaValle, I want to applaud Senator Morahan for 21 his compassion and Senator Morahan for taking 22 immediate action on this very important 23 legislation. 24 And to Mr. and Mrs. Carey, I say 25 that I am so sorry. I can't imagine what it

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(518) 371-8910 1 would be like to lose a child. I have not 2 experienced that. And I don't think anyone 3 would want to experience that. 4 And beyond that, the years that you 5 tried to access information because of trying 6 to find out what was going on with the care of 7 Jonathan. And this legislation is going to 8 help not only the children that are going to 9 be cared for but the parents that need access 10 to the information that unfortunately you 11 could not receive, to understand what type of 12 care was taking place with Jonathan or 13 behavior that shouldn't have been taking place 14 with your child. 15 My colleagues mentioned that 16 Jonathan's memory will go on because of this 17 legislation, but I think Jonathan lives with 18 all of us here today and will continue to live 19 with us beyond this legislation that is so 20 important. You have also helped us, through 21 your son, to open the door and understand that 22 we have a long way to go in this state as we 23 care for autistic children, and we really 24 don't do enough. 25 Actually we do, as I said at the

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(518) 371-8910 1 hearing, a miserable job. And again, I 2 apologize to you -- and I know that's not 3 anywhere near enough -- and we need to do a 4 better job. And I will assure you that this 5 body will move forward not only with Senator 6 Morahan's response today, by passing 7 Jonathan's Law, but seeing to it that OMRDD 8 takes immediate action in looking at how we 9 care for particularly autistic children -- 10 everyone with autism, but particularly 11 autistic children. 12 Because that is an area right now, 13 my colleagues, that is not being attended to. 14 And we need to put that on the front burner so 15 that we can work very hard to protect these 16 children within our state system. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Fuschillo, to explain his vote. 19 SENATOR FUSCHILLO: Thank you, 20 Mr. President. 21 I want to also commend my colleague 22 Senator Morahan for his leadership and 23 compassion with this issue. 24 I think what bothers me so much 25 about what I've learned over the last few

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(518) 371-8910 1 months in meeting with the Careys is that they 2 should have had the comfort level that all of 3 us have as parents -- not of developmentally 4 disabled children, but the comfort level that 5 when you went to bed every night that your 6 child was safe. And you didn't have that. 7 And prior to Jonathan's tragic 8 passing, you fought hard, long, hours and days 9 and weeks and months to find out what you as 10 parents, and parents throughout this state of 11 the hundreds of thousands of children -- you 12 mentioned this morning, you have a right to 13 know, as we do, everything about our children. 14 And as you know, I was working with 15 Bill Bunter for the past couple of months, who 16 has a grown daughter under the state's care, 17 who's a perfect example of what you've gone 18 through. He found out that his daughter, 19 who's under the state's care, had an infection 20 on her leg, but they wouldn't tell him how or 21 why or what was going on with that. Then he 22 found out that she was in the hospital having 23 surgery to remove a piece of her wheelchair 24 that was embedded in her leg. But they 25 wouldn't tell him what happened, they wouldn't

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(518) 371-8910 1 give him any information or testimony at a 2 review board, a state review board that was 3 investigating what happened to his daughter. 4 And they wouldn't tell him because the laws 5 were protecting them rather than his daughter 6 or him or your son Jonathan, who couldn't 7 speak. 8 What a disgrace. Talk about a 9 system that doesn't work and failed your son 10 and failed Bill Bunter's daughter. That he 11 had to find out, by chance, from a nurse, that 12 there was a piece of her wheelchair embedded 13 in her leg that was causing the infection, and 14 that's why she was rushed to have surgery. 15 What a disgrace. 16 As I said to the Careys earlier 17 this morning -- Jonathan's dad is wearing a 18 button of Jonathan. I said, "Now you have 19 your guardian angel with you." 20 And I know Tom Morahan won't stop, 21 that we have to keep going. As Senator Libous 22 said, there is a lot of work to be done. Kids 23 and young adults and adults that are under the 24 state care at the facilities that families 25 entrust them to should have peace of mind, go

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(518) 371-8910 1 to bed at night knowing that their kids and 2 loved ones are safe. And they're not. 3 So you have a charge now, the 4 Careys, to keep it going. I don't know how 5 you do it, and I said that to you this 6 morning. But I commend you. God bless you. 7 Mr. President, I'll be voting in 8 favor of this legislation. Thank you very 9 much. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator Fuschillo. 12 Senator Farley, to explain his 13 vote. 14 SENATOR FARLEY: Thank you, 15 Mr. President. 16 I rise in support of this 17 legislation. Jonathan Carey's tragedy 18 happened in my Senate district, in Schenectady 19 County, and it's an issue that affected 20 everybody not only in the Capital District but 21 the state of New York. 22 And, you know, I expressed my 23 sympathy to the Careys, who are in the gallery 24 today, who have really made a difference on 25 behalf of their son.

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(518) 371-8910 1 Jonathan's Law, I have seldom seen 2 anything that has moved with such dispatch 3 through this Legislature, which has been 4 criticized. But we acted, we acted on behalf 5 of Jonathan Carey. We acted because the 6 parents of this young man had to see something 7 happen to correct some of the things that have 8 been -- the tragedies and so forth that have 9 happened throughout our system. 10 It is truly a tribute to you. I 11 know that the hurt and the pain of losing a 12 child is something that nobody can -- I can't 13 really understand. But you have made a 14 difference on behalf of your son. And as so 15 many have said, you do have an angel up there 16 that is looking out not only for you but for 17 all the disabled that will come to this state. 18 I congratulate you for what you've 19 you have done and the care that you have given 20 your child over the years. You have really 21 made a difference in his death, because he 22 will be immortalized with Jonathan's Law. I 23 wish you well. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you, Senator Farley.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 57. Nays, 3 0. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 (Applause.) 7 ACTING PRESIDENT MARCELLINO: The 8 Secretary will continue to read. 9 THE SECRETARY: Calendar Number 10 267, by Senator Diaz, Senate Print 3167, an 11 act to amend the Elder Law, in relation to 12 providing companion pets for seniors. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of January. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 444, by Senator Larkin, Senate Print 2825, an 25 act to amend the Racing, Pari-Mutuel Wagering

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(518) 371-8910 1 and Breeding Law, in relation to task force. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 454, by Senator Volker, Senate Print -- 14 SENATOR SKELOS: Lay it aside for 15 the day. 16 ACTING PRESIDENT MARCELLINO: Lay 17 the bill aside for the day. 18 THE SECRETARY: Calendar Number 19 465, by Senator Golden, Senate Print 450, an 20 act to amend Chapter 912 of the Laws of 1920 21 allowing and regulating boxing. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 465 are 6 Senators Duane, Libous, Maltese and Rath. 7 Ayes, 53. Nays, 4. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 467, by Senator Little, Senate Print 1115, an 12 act to amend the Navigation Law, in relation 13 to operation of public vessels. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 468, by Senator Maziarz, Senate Print 506, an

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(518) 371-8910 1 act to amend the Vehicle and Traffic Law, in 2 relation to installation. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 469, by Senator Marcellino, Senate Print 623, 15 an act to amend the Vehicle and Traffic Law, 16 in relation to the number of prior 17 suspensions. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 477, by Senator DeFrancisco, Senate Print 6 2051, an act to amend the Vehicle and Traffic 7 Law, in relation to enacting. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 Senator Skelos, may we return to 19 the previously laid aside bill? 20 SENATOR SKELOS: On the 21 noncontroversial calendar, if we could return 22 to Calendar Number 239. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 239, by Senator Morahan, Senate Print 924, an 2 act to amend the Mental Hygiene Law, the 3 Social Services Law, and the Education Law. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 Senator Skelos, that completes the 15 noncontroversial calendar. 16 SENATOR SKELOS: Thank you, 17 Mr. President. 18 If we could return to reports of 19 standing committees, there's a report of the 20 Finance Committee at the desk. I ask that it 21 be taken up at this time. 22 ACTING PRESIDENT MARCELLINO: 23 Reports of standing committees. 24 The Secretary will read the report 25 of the Finance Committee.

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(518) 371-8910 1 THE SECRETARY: Senator O. 2 Johnson, from the Committee on Finance, 3 reports the following nominations: 4 As Commissioner of the Office of 5 Parks, Recreation and Historic Preservation, 6 Carol Ash, of Rensselaerville. 7 SENATOR SKELOS: Move the 8 nomination. 9 ACTING PRESIDENT MARCELLINO: The 10 question is on the nomination of Carol Ash, of 11 Rensselaerville, to serve at the pleasure of 12 the Governor as Commissioner of Parks, 13 Recreation and Historic Preservation. 14 Senator Morahan, on the nomination. 15 SENATOR MORAHAN: Thank you, 16 Mr. President. 17 I rise in support of this 18 nomination and the confirmation process for 19 Commissioner Ash, who I've known as the 20 executive director of the Palisades State Park 21 System in the Hudson Valley. Her activities 22 there really went above and beyond, and I 23 think she exemplifies the caring nature and 24 the stewardship of the park system so sorely 25 needed in the State of New York.

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(518) 371-8910 1 And I want to congratulate the 2 Governor for this nomination. I think it's 3 one of the finest nominations that we've had 4 in quite a while. And therefore I am in full 5 support of the confirmation of Carol Ash as 6 our commissioner of the Office of Parks, 7 Recreation and Historic Preservation. 8 Thank you. Good luck, Carol. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Flanagan. 11 SENATOR FLANAGAN: Thank you, 12 Mr. President. On the nomination. 13 I'm going to take a slightly 14 different tack from my colleague and friend 15 Senator Morahan. I want to offer some 16 comments on this nomination, and this is 17 frankly a departure for me because I'm going 18 to be voting no on this nomination. And I'm 19 going to explain why, because I think I have 20 some important reasons, not only for the 21 people in the communities that I represent but 22 I think there are broader implications for 23 State Parks and our parks policy as a whole. 24 And I have met with Commissioner 25 Ash, I have met with members of the Spitzer

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(518) 371-8910 1 administration on an issue that is 2 extraordinarily important in the area that I 3 represent, and that involves a state park. 4 It's Nissequogue State Park. It's in the 5 Kings Park community. It's a park that has 6 now been enlarged and enhanced with months and 7 months and months of effort. 8 And the problem that I have -- and 9 this is a broad thing that applies to 10 everybody in this chamber. The Spitzer 11 administration has not made a firm commitment 12 to maintain that property as a park. There is 13 a prospect and a possibility that they are 14 looking to overturn that land as a park. 15 That's bad for everybody. It's bad for 16 everybody in this chamber, it's bad for our 17 constituents, and it's certainly not good for 18 the people that I represent. 19 And I can't stand here in good 20 conscience and support the nomination of a 21 designee of the Governor when I don't feel 22 that I've gotten detailed answers, I don't 23 feel that we've gotten straight answers on an 24 issues that is extraordinarily important. 25 I've spent hours and hours and

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(518) 371-8910 1 hours working on this issue. And now, we 2 still today, almost four months into the 3 administration, lack clarity. And it's not 4 for lack of trying, because we've tried. I've 5 written, I've called, I've asked. And I can't 6 stand before you today and provide any detail 7 or any real substance on this issue. 8 I am hopeful that some of the 9 things that Tom Morahan said turn out to be 10 accurate. I am hopeful that as we move 11 forward that we will find a resolution to this 12 and other important issues involving parks. 13 For me personally, I simply cannot 14 support this nomination. But I will say this. 15 I want to be clear that this issue that I have 16 been working on is important to everybody -- 17 from an environmental standpoint, from a parks 18 standpoint, from a legislative policy 19 standpoint. 20 I pledge to work with the 21 commissioner and the Spitzer administration to 22 get this done the right way. And to get it 23 done the right way is going to require time, 24 effort, money and a commitment to maintain 25 this property as a park.

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(518) 371-8910 1 Mr. President, I will be voting no 2 on this nomination. 3 ACTING PRESIDENT MARCELLINO: 4 Thank you, Senator Flanagan. 5 Anyone else wish to be heard on the 6 nominee? 7 The question is on the nomination 8 of Carol Ash, of Rensselaerville, for 9 Commissioner of the Office of Parks, 10 Recreation and Historic Preservation. All in 11 favor signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO: All 14 opposed. 15 (Response of "Nay.") 16 ACTING PRESIDENT MARCELLINO: 17 Carol Ash is hereby confirmed as the 18 commissioner. 19 Congratulations, Commissioner Ash. 20 (Applause.) 21 ACTING PRESIDENT MARCELLINO: The 22 Secretary will read. 23 THE SECRETARY: As superintendent 24 of the Insurance Department, Eric R. Dinallo, 25 of New York City.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 question is on the nomination of Eric R. 3 Dinallo, of New York City, to serve as the 4 Superintendent of the Insurance Department. 5 SENATOR MORAHAN: Move the 6 nomination. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Seward. 9 SENATOR SEWARD: Thank you, 10 Mr. President. 11 I'm delighted to stand to support 12 the confirmation of Eric Dinallo to be our 13 next Superintendent of Insurance. 14 Eric Dinallo comes before this body 15 experienced and well equipped to serve as our 16 Superintendent of Insurance. He's had 17 experience both in the private sector related 18 to many of the issues that he will be 19 confronting as our superintendent, and he's 20 also had a distinguished career in the public 21 sector as well, most notably as chief of the 22 Securities Bureau of the Attorney General's 23 office. 24 From my discussions with 25 Mr. Dinallo and his appearance before the

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(518) 371-8910 1 Insurance Committee earlier this week, I 2 believe that he will bring a fresh and 3 innovative approach to insurance regulation in 4 the State of New York. 5 And he also fully understands the 6 importance of maintaining New York as the 7 premier global financial services leader that 8 we have been and the importance of the 9 insurance industry in that regard. And also, 10 in getting us there and keeping us there, the 11 need for modernization in terms of the 12 regulation of insurance. That's paramount. 13 He also fully understands that the 14 Insurance Department is truly the voice of the 15 consumer, who is in great need of insurance in 16 the state. Whether it be health, P&C, or life 17 or any other type of insurance, the consumer's 18 interest has to be paramount because people 19 seek insurance for their financial security. 20 And it's a great need for individuals, 21 businesses, other entities in the State of 22 New York, very, very important to our 23 financial security. 24 So I look forward to working with 25 Eric Dinallo as our Superintendent of

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(518) 371-8910 1 Insurance on many of the challenges that face 2 us in the insurance world -- health insurance, 3 homeowners, auto, life, the list goes on. But 4 I look forward to working with Eric Dinallo. 5 I think he will be a partner with this house 6 in helping to move our state forward, to 7 protect our people and our businesses and 8 other entities that are so important to us. 9 So I rise to support this 10 confirmation, Mr. President, and also to 11 publicly congratulate Eric Dinallo and his 12 family on this very important day. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator Seward. 15 Senator DeFrancisco, on the 16 nomination. 17 SENATOR DeFRANCISCO: I rise to 18 support the nomination and the nominee. 19 His qualifications and in fact the 20 qualifications of each of the nominees today 21 are really superior. We should commend the 22 Governor for these fine nominations that he's 23 presented to us. I was truly impressed with 24 the breadth of knowledge of Mr. Dinallo in so 25 many different topics relating to the

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(518) 371-8910 1 insurance field, and I think that's essential 2 to have that knowledge. 3 I was also very pleased to hear of 4 his obvious concern in his prepared remarks or 5 his initial remarks concerning the consumers. 6 Because as Senator Seward said, the Insurance 7 Department has to look out for consumers. 8 They don't have power in the system. And if 9 insurance carriers are not acting properly, 10 the Insurance Department is sometimes the only 11 economic place that they can go to without 12 having to hire a lawyer and spend more money 13 than the claim may be worth. 14 And I'm convinced, based upon the 15 sincerity of his answers, that he is going to 16 look closely into the proper remedies for 17 unfair claims practices that I think occur all 18 too often in this field. 19 In addition, another area that's 20 really been talked about for a long period of 21 time is how to regulate viatical settlements 22 and what the approach should be statutorily. 23 And judging from his involvement in the 24 long-awaited reform of workers' compensation, 25 where it got done in the first hundred days,

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(518) 371-8910 1 and he was involved in that, I'm certain that 2 some of these issues can be resolved, like the 3 viatical settlement issue as well. It's time 4 for solutions to some of these problems, and 5 I'm convinced that he is going to be able to 6 lead the way to make that happen. 7 So I am happy to stand in support 8 of this nominee and wish him the best in his 9 new position. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator DeFrancisco. 12 Senator Breslin. 13 SENATOR BRESLIN: Thank you, 14 Mr. President. 15 I agree with all the comments of my 16 colleagues Senator Seward and Senator 17 DeFrancisco. But it's important in insurance 18 to have full disclosure, and Senator 19 DeFrancisco didn't acknowledge the fact that 20 he also has a Duke degree, as does our 21 candidate for superintendent. 22 SENATOR DeFRANCISCO: I didn't 23 know that. 24 SENATOR BRESLIN: So it goes 25 along with everything you said.

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(518) 371-8910 1 But, you know, when you look at the 2 background of Eric Dinallo, to be the managing 3 director of regulatory affairs at Morgan 4 Stanley or the general counsel of the Willis 5 Group, which is a multinational insurance 6 brokerage company, and then to be at the 7 highest levels of the State Attorney General, 8 Eric gets it. And when he came before the 9 Insurance Committee as well as the Finance 10 Committee, already, you know, he knows how to 11 strike the balance between protecting the 12 consumer and creating a climate for 13 competitiveness throughout the insurance 14 industry. 15 So I think that Governor Spitzer 16 has really hit the mark with Eric Dinallo. 17 He's brought with him an excellent staff, 18 which will be coupled with the career people 19 in the Insurance Department. And I look 20 forward to the coming years being very bright 21 ones for Superintendent of Insurance Eric 22 Dinallo. 23 My congratulations. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you, Senator Breslin.

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(518) 371-8910 1 Senator Stachowski. 2 SENATOR STACHOWSKI: Yes, 3 Mr. President, thank you. 4 I also rise to second the 5 nomination of Mr. Dinallo. I think he'll make 6 an excellent superintendent. 7 I think at the committee meeting, 8 the Insurance Committee meeting, he answered a 9 lot of the questions. He answered some more 10 today. I think along with what Senator 11 Breslin said, I too picked up the same concept 12 that he's going to be there for the people 13 buying the insurance, but he's also got an 14 interest in making sure that the insurance 15 industry stays healthy in New York State also 16 and we don't have people bailing out of the 17 state. 18 So I think that's a great mix. I 19 think his background was outstanding. We 20 won't say anything about the Duke degree, 21 because we all know about the character flaws 22 that DeFrancisco has, and we're hoping that 23 it's not a Duke thing. 24 (Laughter.) 25 SENATOR STACHOWSKI: I just

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(518) 371-8910 1 wanted to see if John was still listening. 2 The one thing I can say, though, is 3 that I'm glad at Finance Mr. Dinallo didn't 4 bring his charts and his pens. Because I 5 think he would have got through Finance 6 yesterday if he didn't draw all those pictures 7 at the Insurance Committee meeting. 8 All kidding aside, I'm glad to get 9 up and second this nomination. 10 I was also taken by the fact that 11 he was on top of some issues that Senator 12 Hannon brought up in the health insurance 13 area, which are important to all of us and one 14 of the premier things that we're all concerned 15 about, the rapid growth of health insurance 16 coverages, et cetera. 17 So I congratulate Mr. Dinallo, I 18 congratulate the Governor on a fine 19 nomination, and I look forward to working with 20 him in the future. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator. 23 Senator Schneiderman. 24 SENATOR SCHNEIDERMAN: Thank you, 25 Mr. President. I'm also proud to stand in

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(518) 371-8910 1 support of this nomination. 2 I will not mention Duke University, 3 but I'm proud to support Mr. Dinallo even 4 though he worked at Paul Weiss Rifkind Wharton 5 and Garrison with many of my friends. 6 He is a fine attorney. He is 7 exactly what we need in this state. This 8 state is behind the country in our regulation 9 of the insurance industry. This state is 10 behind states all across America in the 11 efforts underway to reduce insurance rates so 12 that our businesses are more competitive and 13 so that people can afford to live here. 14 We hear a lot in debate about the 15 competitiveness of our state and about the 16 affordability of our state. One of the most 17 important areas we can address as a Senate 18 this year, as a Legislature this year, is to 19 give Mr. Dinallo the support he needs to 20 reform our insurance laws, to bring rates 21 down, to make insurance companies more 22 accountable and more responsible. 23 Other states have Public Service 24 Commission-type proceedings so they can get 25 into the books and see what the insurance

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(518) 371-8910 1 companies are earning. Other states require 2 preapproval for rate increases. These are the 3 kinds of reforms I look forward to working 4 with Mr. Dinallo on. 5 And I will tell you, I'm sorry 6 that -- I realize there are some other issues 7 in the air in Albany. I'm sorry it's taken 8 this long for him to be confirmed, because I 9 happened by coincidence to sit with him at the 10 inauguration at the beginning of this year, 11 and he was badgering me from day one about 12 ideas for insurance reforms. 13 He's ready to go. He's ready to 14 get the work done. Let's give him the support 15 he needs. And I'm proud to stand in support 16 of his nomination. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you, Senator. 19 Anyone else wishing to be heard? 20 Seeing none, the question is on the 21 nomination of Eric R. Dinallo, of New York 22 City, to serve as Superintendent of the 23 Insurance Department. All in favor signify by 24 saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MARCELLINO: 5 Congratulations, Mr. Dinallo, and good luck in 6 your future. 7 (Applause.) 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will read. 10 THE SECRETARY: As Superintendent 11 of the Banking Department, Richard H. Neiman, 12 of Rye. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Robach. 15 SENATOR ROBACH: Mr. President, 16 could we move the nomination of the 17 Superintendent of the Banking Department and 18 please recognize Senator Farley. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Farley. 21 SENATOR FARLEY: Thank you very 22 much, Mr. President. 23 You know, I'm absolutely pleased 24 beyond belief to nominate and to confirm this 25 man for Superintendent of Banks. I've been on

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(518) 371-8910 1 the Banking Committee for over 30 years and 2 chairman for over a decade, and this is one of 3 the most qualified people that we've ever had 4 for superintendent. 5 He's a graduate of Emory Law School 6 and American University in Washington, where I 7 went to law school. He has had a resume that 8 is incredible starting, with the Office of the 9 Comptroller of the Currency, to Citicorp, to 10 Price Waterhouse and to TD Waterhouse Group, 11 and also was president and chief executive 12 officer of the TD Bank USA. 13 Let me just say this, that not only 14 is he a supporter of the dual banking system 15 and concerned with keeping New York as the 16 financial capital of the world, Richard Neiman 17 is eminently qualified and somebody that I 18 think really is taking on a very, very 19 difficult job and one that is quite a 20 sacrifice for public service. 21 And I think that that would lead me 22 to say that up in the gallery is his lovely 23 wife Eileen McCarthy Neiman, who is a graduate 24 of Albany, right here in town, and served as a 25 Senate Capitol tour guide, and so she's part

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(518) 371-8910 1 of the family here. 2 But more important is his two 3 children that are up there, Heather -- would 4 you wave, Heather? -- and Hailey. I just want 5 to tell you a little story about Heather and 6 Hailey. 7 Hailey, his oldest daughter, I 8 believe who is nine, said to him: "Daddy, are 9 you going to be president of a bank in your 10 new job?" And he said no. She says: "Daddy, 11 are you going to make more money in your new 12 job?" He said no. She says: "Daddy, I think 13 you should think about it." 14 (Laughter.) 15 SENATOR FARLEY: Which brings me 16 to the point that our superintendent is really 17 serving in public service. You don't take 18 this job for the money. Because certainly his 19 career has been sparkling, and he's earned a 20 lot more money than he'll ever earn as the 21 Superintendent of Banks. 22 I'm terribly, terribly grateful for 23 him, grateful to the Governor for being able 24 to recognize and get somebody to serve with 25 his qualifications. We're thrilled to be able

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(518) 371-8910 1 to support this nomination, because the State 2 of New York is blessed to have somebody that 3 is willing to serve in public service at this 4 very, very important time. Because these are 5 times when particularly the dual banking 6 system and the State of New York is under 7 attack, if you will, by the federal government 8 and taking over our banking system. And we've 9 got a man there that really knows how to keep 10 our banks sound and safe. 11 And I'm pleased to support this 12 nominee. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator. 15 Senator Fuschillo, on the 16 nomination. 17 SENATOR FUSCHILLO: Thank you 18 very much, Mr. President. 19 Let me join with my distinguished 20 colleague and chairman of the Banking 21 Committee, Senator Farley, in congratulating 22 the nominee and the Governor for putting forth 23 the nominee. 24 But I ask that as you go forward, 25 to do something that I haven't seen in my nine

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(518) 371-8910 1 years in the Senate from any banking 2 superintendent: Protect the consumers. 3 They're getting fee'd to death from the banks. 4 They're getting penalized to death from the 5 banks. 6 I think with the issue of credit 7 cards and banking fees, consumer debt has just 8 risen in this state and throughout this 9 nation. So whatever limited jurisdiction you 10 have over banks in New York State, I ask that 11 you take a hard look at how the Banking 12 Department can better protect the consumers of 13 New York State. 14 I wish you well. I congratulate 15 you. And I look forward to working with you. 16 Thank you, Mr. President. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you, Senator. 19 Senator Stachowski. 20 SENATOR STACHOWSKI: Mr. 21 President, I also rise to second the 22 nomination of Mr. Neiman for Superintendent of 23 Banks. 24 Based on Senator Farley's comments 25 about his performance in the committee and

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(518) 371-8910 1 Senator Farley's interest in keeping some 2 New York-chartered banks, which I happen to 3 share with him, I think it's a great 4 nomination. 5 I think his background is 6 impeccable. We're very fortunate that the 7 Governor was able to get somebody like this to 8 take this position. 9 And his awareness of the issues 10 that concern my area in the house flipping and 11 mortgage situations is very important, as well 12 as the situation with one of our local banks 13 that's a big player in the State of New York 14 and that he's going to be looking into also. 15 It certainly piqued my interest that he was 16 already at that point and ready to move 17 forward. 18 And I look forward to working with 19 him in the years ahead, and I congratulate 20 both he and the Governor on his appointment. 21 Thank you. 22 ACTING PRESIDENT MARCELLINO: 23 Thank you, Senator. 24 Senator Oppenheimer. 25 SENATOR OPPENHEIMER: Well, I

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(518) 371-8910 1 join in the accolades. 2 The new commissioner is a resident 3 in my Senate district. And while we have 4 heard about the superb skills he brings to the 5 job, I want to note that he has been involved 6 in many human-service extracurricular 7 activities, for which he receives no money but 8 only through the goodness of his heart does he 9 participate in these. And these are various 10 organizations that assist children and 11 families and people in need. 12 And I want us to know that we not 13 only have someone who's extremely competent, 14 but we also have someone who's extremely 15 caring. 16 I thank you for that. 17 Congratulations. 18 ACTING PRESIDENT MARCELLINO: 19 Anyone else wishing to be heard? 20 Seeing none, the question is on the 21 nomination of Richard H. Neiman, of Rye, to 22 serve as Superintendent of the Banking 23 Department. All in favor signify by saying 24 aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MARCELLINO: 5 Congratulations, Superintendent Neiman. 6 (Applause.) 7 ACTING PRESIDENT MARCELLINO: As 8 was previously mentioned by Senator Farley, 9 Superintendent Neiman is joined by his wife, 10 Eileen, and daughters Heather and Hailey. 11 And whichever daughter asked that 12 question, keep on asking. 13 (Laughter.) 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read. 16 THE SECRETARY: As Commissioner 17 of the State Civil Service Commission, Nancy 18 G. Groenwegen, of Glenmont. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Robach. 21 SENATOR ROBACH: Yes, 22 Mr. President. I am very happy to move the 23 nomination of Nancy Groenwegen for the 24 Commissioner of Civil Service. 25 As the chairman of the Civil

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(518) 371-8910 1 Service and Pension Committee, I have gotten 2 to know the nominee fairly well. In addition 3 to her vast experience, great resume, law 4 career, I can assure you she is someone who 5 wants to reach out, already has reached out to 6 the members of this body, not only on the 7 committee but above and beyond. And she is 8 someone who really gets the correlation 9 between the quality of state employees, the 10 importance of civil service, and how it 11 relates to serving all our constituencies in 12 public service. 13 And so I want to not only applaud 14 the Governor on this very qualified nomination 15 but be the first to congratulate her, her 16 husband and son on this great occasion. And I 17 am looking forward to working collaboratively 18 to do good things for some time to come. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MARCELLINO: 21 Thank you, Senator. 22 Senator Little, on the nomination. 23 SENATOR LITTLE: Thank you, 24 Mr. President. 25 It's an honor for me to stand and

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(518) 371-8910 1 second the nomination of Nancy Gleason 2 Groenwegen, because Nancy Gleason grew up in 3 Hudson Falls, New York, in Washington County, 4 and is a graduate of Hudson Falls High School. 5 And I for one am very proud to have her be in 6 this position as Commissioner of Civil 7 Service. 8 She's a wonderful person to be in 9 this position. The Governor certainly has 10 selected someone who has a wealth of 11 background that she is bringing to the table, 12 working in many different agencies throughout 13 the state government as well as for the School 14 Boards Association and certainly knows her way 15 around the private sector as well. 16 So I'm sure everyone in Hudson 17 Falls will be delighted to know that their 18 Commissioner of Civil Service is a graduate of 19 Hudson Falls High School as well as a graduate 20 of our own SUNY Albany, but a lawyer and a 21 person who has a wonderful reputation for 22 honesty, integrity and very hard work. 23 I congratulate her, her husband, 24 and her son, who are with us today, and I look 25 forward to working with her and getting her

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(518) 371-8910 1 back into Hudson Falls so we can show off. 2 Thank you. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Breslin, on the nomination. 5 SENATOR BRESLIN: Thank you, 6 Mr. President. 7 In all deference, when Nancy goes 8 back to Hudson Falls, she has to explain that 9 she now lives in Albany County, which is my 10 district. 11 Nancy, when you meet her and talk 12 with her and look at her resume, you can't 13 help but be impressed with her intelligence, 14 her enthusiasm, and over a quarter of a decade 15 dealing with civil service and labor issues at 16 a very, very high level. 17 And I coincidentally had the 18 occasion to recently talk with a good friend 19 of mine who's one of her former bosses, it was 20 the Commissioner of Labor, John Hudacs. And I 21 can honestly say that John's face lit up in 22 talking about Nancy. And he called her the 23 finest public servant that he has ever worked 24 with. 25 And I believe, again, it's a great

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(518) 371-8910 1 choice by this Governor, it's somebody who's 2 going to be a star in the Civil Service 3 Commission. And I applaud her nomination and 4 look forward to working with her in the coming 5 years. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator. 8 Senator Savino. 9 SENATOR SAVINO: Thank you, 10 Mr. President. 11 I also want to stand and commend 12 the Governor for his nomination of Nancy 13 Groenwegen. 14 You know, the civil service merit 15 system has been the method by which tens of 16 thousands of New Yorkers have moved from 17 poverty to the middle class. It has not just 18 built careers, it's built whole neighborhoods. 19 It is a system that is necessary for the 20 adequate function of government. 21 And I am so pleased that the 22 Governor has nominated this young woman who 23 has so much experience and so much knowledge 24 about the intricacies of the civil service 25 merit system.

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(518) 371-8910 1 She came to my office a few weeks 2 ago and we sat there and we had a discussion 3 as only two policy wonks on civil service can 4 have. And it was at that point that I 5 realized that this system that I believe in so 6 strongly is going to be in very capable hands. 7 She understands just how important it is for 8 the administration of government, and I could 9 not be more pleased with the appointment of 10 Nancy Groenwegen. 11 So congratulations, and I look 12 forward to working with you for many years to 13 come. 14 ACTING PRESIDENT MARCELLINO: Any 15 other Senator wishing to be heard? 16 Seeing none, the question is on the 17 nomination of Nancy G. Groenwegen, of 18 Glenmont, to serve as Commissioner of the 19 State Civil Service Commission. 20 All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT MARCELLINO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Congratulations, Commissioner Groenwegen. 2 (Applause.) 3 ACTING PRESIDENT MARCELLINO: The 4 commissioner is joined in the balcony by her 5 husband, Paul, and son, Philip. 6 Congratulations once again. 7 Senator Robach. 8 SENATOR ROBACH: Yes, 9 Mr. President. Is there any other business at 10 the desk? 11 ACTING PRESIDENT MARCELLINO: 12 Yes, Senator. Senator Little, I believe, has 13 a motion. 14 SENATOR LITTLE: Thank you, 15 Mr. President. 16 On behalf of Senator Padavan, on 17 page number 32 I offer the following 18 amendments to Calendar Number 476, Senate 19 Print Number 2045, and ask that said bill 20 retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT MARCELLINO: The 23 amendments are received and adopted, and the 24 bill will retain its place on the Third 25 Reading Calendar.

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(518) 371-8910 1 Senator Robach. 2 SENATOR ROBACH: Yes, 3 Mr. President. If you could recognize Senator 4 Krueger. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Krueger is recognized. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. 9 I believe I have a motion at the 10 desk. I would like to have it called up at 11 this time. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: Senate Print 15 1257, by Senator L. Krueger, an act to amend 16 the Public Health Law. 17 SENATOR LIZ KRUEGER: Thank you, 18 Mr. President. 19 I'd like to move my bill today to 20 the floor for a debate, which would create the 21 Reproductive Cloning Prohibition and Stem Cell 22 Research Act. 23 Over one out of three Americans, 24 128 million people, suffer from crippling 25 physical, psychological and economic burdens

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(518) 371-8910 1 of chronic, degenerative and acute diseases, 2 including, to name but a few, diabetes, 3 Parkinson's, cancers, Alzheimer's disease. 4 The cost of treatment and lost productivity 5 constitute hundreds of billions of dollars 6 every year to our economy. And the economic 7 costs of these diseases pale in comparison to 8 the extreme loss of human life and the 9 suffering associated with these conditions. 10 In 2007 we know for a fact, through 11 science, that stem cell research offers 12 immense promise for developing new medical 13 therapies for these debilitating diseases and 14 is a critical means to explore fundamental 15 questions of biology. Stem cell research 16 could lead us to unprecedented treatments and 17 potential cures for these diseases. Already 18 we know from around the world that the 19 exploration of stem cell research has helped 20 researchers and physicians target cancer 21 cells, develop, in lab models, new cells that 22 are healthy for people who currently suffer 23 from these dreaded and often terminal 24 illnesses. 25 President Bush's ban on federal

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(518) 371-8910 1 financing in 2001 for most embryonic stem cell 2 research has severely delayed the cycle of 3 breakthroughs that could result in cures for 4 many of these diseases from which Americans 5 continue to suffer. Again, one out of three 6 of us have some type of disease that in fact 7 stem cell research might lead to a cure for. 8 New York State has historically 9 been the haven for open scientific inquiry and 10 technological innovation. With the commitment 11 of public and private resources, New York 12 State has become a world leader in biomedicine 13 and biotechnology. And yet in 2007 in 14 New York State we have still not acted. 15 Nine states already have acted to 16 permit embryonic stem cell research: 17 California, Connecticut, Maryland, 18 Massachusetts, Iowa, and New Jersey passed 19 legislation. Missouri passed a constitutional 20 amendment permitting embryonic stem cell 21 research when their legislature wouldn't act. 22 The governor of Illinois issued an executive 23 order to allow such research. The Wisconsin 24 governor provided state funding for the 25 creation of an institute to produce blood

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(518) 371-8910 1 products made from embryonic stem cells. 2 Our own budget that we passed two 3 weeks ago makes us the sixth state to provide 4 financing for stem cell research, creating the 5 second largest state research fund in the 6 country, $600 million over the next 11 years. 7 But absent legislation such as my bill, S1257, 8 or some other bill which makes explicit what 9 can and cannot be done within genetic research 10 using stem cells, we leave too much gray area 11 which will hinder scientific exploration, 12 discourage private investment, and risk 13 allowing inappropriate activity such as human 14 cloning. 15 New York State must take action now 16 in supporting stem cell research which could 17 result in unprecedented treatments for 18 diseases and the development of affordable and 19 accessible treatments for health threats 20 throughout New York State and the world. 21 S1257 authorizes the conduct of 22 stem cell research in New York State, requires 23 informed consent for research purposes, and 24 prohibits -- again, explicitly prohibits -- 25 human reproductive cloning, with criminal

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(518) 371-8910 1 penalties attached. 2 The bill also addresses numerous 3 ethical and policy concerns that have been 4 raised regarding the use of embryonic stem 5 cells for medical research, through the 6 creation of a Commission on Cloning and 7 Therapeutic Research consisting of 12 members. 8 Two members shall be physicians, one shall be 9 a healthcare provider other than a physician, 10 one member shall be a women's health advocate, 11 one member shall be a current or former 12 patient involved in fertility treatments, two 13 shall be current patients under care for two 14 different disease disorders, one shall be a 15 scientist involved directly in stem cell 16 research, one member shall be a public health 17 attorney or advocate, two shall be scientists 18 involved in therapeutic stem cell cloning 19 research, and one shall be a medical ethicist. 20 We can do this right in New York 21 State. We've already put the money in to do 22 it. And I argue this Legislature has an 23 obligation and should have a motivation to 24 want to make sure that as we move forward we 25 move forward carefully, we use our legislative

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(518) 371-8910 1 authority to be players in making sure what 2 happens in New York State is for the right 3 reasons and not the wrong reasons. 4 I urge my colleagues to support my 5 motion today and to move us forward on the 6 important issue of stem cell research in our 7 state. 8 Thank you, Mr. President. 9 ACTING PRESIDENT MARCELLINO: All 10 those Senators in favor of the petition out of 11 committee please signify by raising their 12 hands. 13 THE SECRETARY: Those recorded in 14 agreement are Senators Adams, Breslin, Connor, 15 Duane, Gonzalez, Hassell-Thompson, C. Johnson, 16 Klein, L. Krueger, C. Kruger, Montgomery, 17 Oppenheimer, Parker, Sabini, Savino, 18 Schneiderman, Serrano, Smith, Stavisky, 19 Stewart-Cousins, Thompson and Valesky. 20 ACTING PRESIDENT MARCELLINO: The 21 petition is not agreed to. 22 Senator Schneiderman. 23 SENATOR SCHNEIDERMAN: Thank you, 24 Mr. President. 25 I have a motion at the desk. I

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(518) 371-8910 1 would like to have it called up at this time 2 and be heard on the motion. 3 ACTING PRESIDENT MARCELLINO: The 4 Secretary will read. 5 THE SECRETARY: Senate Print 6 2344, by Senator Schneiderman, an act to amend 7 the Education Law. 8 SENATOR SCHNEIDERMAN: Thank you. 9 Mr. President, the bill that I'm 10 attempting to bring to the floor today is an 11 important piece of legislation that would 12 simply require pharmacists to comply with the 13 directives of a doctor and dispense 14 prescriptions when they are lawfully written 15 and lawfully presented by a patient. 16 We have a problem in this country 17 that has become all the more clear today, in 18 that there are some people who attempt to put 19 their own ideology ahead of the medical 20 decision of a doctor and the desires of a 21 patient; in this case, women patients. 22 There are some pharmacies that have 23 been refusing to dispense emergency 24 contraception, purporting to have an exception 25 to the rule that pharmacists have to dispense

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(518) 371-8910 1 lawful prescriptions provided to them by a 2 doctor on the basis of some sort of a 3 statement of principle. 4 This is wrong. Pharmacists aren't 5 just free agents, they're licensed by the 6 State of New York. And this legislation would 7 require them to follow the rules that have 8 been imposed in other states to ensure that 9 the regulations of pharmaceuticals are carried 10 out in accordance with the instructions of 11 doctors. 12 But I have to say that the need for 13 this legislation and for other legislation 14 protecting the right of freedom of choice has 15 become much more dramatic. I don't know if 16 all of my colleagues are aware, but early this 17 morning the United States Supreme Court issued 18 a decision in a case called Gonzales v. 19 Carhart, which for the first time since the 20 decision in Roe v. Wade approves a ban on 21 certain types of abortions with no exception 22 for the health of the woman. 23 The law in this country was 24 absolutely clear up until today that medical 25 science trumped ideology when it came to

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(518) 371-8910 1 patient care and that a doctor could not be 2 forced to perform a procedure that doctor 3 believes to be less safe because some 4 politicians, some right-wing ideologues, some 5 theocrats tell him: We do not care about the 6 health of your patient. 7 Understand this. These are 8 procedures that are performed that are 9 recommended in certain circumstances by the 10 American College of Gynecologists. When a 11 doctor is performing an abortion, the abortion 12 is going forward anyway. This decision of the 13 Supreme Court says: You are forced, Doctor, 14 to put your professional reservations, your 15 professional beliefs and obligations on hold 16 and follow the dictates of a group of 17 politicians who say choose the less safe 18 procedure. 19 This is the first time in the 20 history of the United States any medical 21 procedure has been treated in this manner. 22 And I assure you, ladies and 23 gentlemen, that the ideological fervor of the 24 far right on this will produce a kind of 25 backlash that maybe is what we need in this

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(518) 371-8910 1 country. Because the overwhelming majority of 2 New Yorkers believe women have a right to 3 choose. The overwhelming majority of 4 New Yorkers believe that women have a 5 fundamental right to control their own bodies. 6 And the overwhelming majority of New Yorkers 7 believe that doctors cannot be told by 8 politicians to perform procedures that are 9 less safe for their patients because of some 10 theocratic musings in Congress. 11 I commend to you the dissent by 12 Justice Ginsburg -- this was a 5-4 decision. 13 This is George Bush's Supreme Court, and 14 anyone who pretends to be pro-choice and 15 supported George Bush, I ask you to take a 16 look in the mirror today. But I commend to 17 you the dissent of Justice Ginsburg, who noted 18 a prior ruling of the court that said 19 something very important: Liberty finds no 20 refuge in a jurisprudence of doubt. Liberty 21 finds no refuge in a jurisprudence of doubt. 22 And the Supreme Court today has 23 created doubt in the mind of every doctor in 24 the State of New York as to what is 25 permissible and what is not permissible. So

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(518) 371-8910 1 it's our obligation here as a Legislature to 2 provide clarity for the doctors, to make sure 3 we define what is permissible, to make sure 4 that we provide the support and the education 5 so that no woman is forced to undergo an 6 unsafe procedure when a safe procedure is 7 available because the right-wing ideologues in 8 Washington tell her doctor he's not permitted 9 to put the patient first. 10 That's what happened today. This 11 is a dark day for all who believe in 12 fundamental human freedom in the State of 13 New York. This is a dark day for those who 14 believe science should trump theology. 15 And I think it would be perfectly 16 appropriate as a statement of our discontent 17 with this ruling and with the Congressional 18 action that led to this ruling for us to bring 19 to the floor the bill before us now on this 20 motion which would require pharmacists to 21 comply with the rules of doctors, would once 22 again put medical science over ideology, would 23 put the freedom and fundamental right to 24 control her own body of a woman above 25 theocracy and in a small way take a step to

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(518) 371-8910 1 undo the tremendous harm that was done today 2 by the Supreme Court. 3 I hope everyone will vote in 4 support of this motion, Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator. 7 All those Senators in favor of the 8 petition out of committee please signify by 9 raising your hands. 10 THE SECRETARY: Those recorded in 11 agreement are Senators Adams, Breslin, Connor, 12 Duane, Gonzalez, Hassell-Thompson, C. Johnson, 13 Klein, L. Krueger, C. Kruger, Montgomery, 14 Oppenheimer, Parker, Sabini, Savino, 15 Schneiderman, Serrano, Smith, Stavisky, 16 Stewart-Cousins, Thompson and Valesky. 17 ACTING PRESIDENT MARCELLINO: The 18 petition is not agreed to. 19 Senator Robach. 20 SENATOR ROBACH: Yes, 21 Mr. President. There being no further 22 business, I move we adjourn until Monday, 23 April 23rd, at 3:00 p.m., intervening days 24 being legislative days. 25 ACTING PRESIDENT MARCELLINO: On

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(518) 371-8910 1 motion, the Senate stands adjourned until 2 Monday, April 23rd, at 3:00 p.m., intervening 3 days being legislative days. 4 (Whereupon, at 1:53 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910