Thursday, June 3, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 3, 2010 11 10:44 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Wednesday, June 2, 2010, the Senate met 19 pursuant to adjournment. The Journal of 20 Tuesday, June 1, 2010, was read and approved. 21 On motion, Senate adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there's a report of the Finance 7 Committee at the desk. 8 ACTING PRESIDENT VALESKY: There 9 is a report of the Finance Committee at the 10 desk. 11 The Secretary will read. 12 THE SECRETARY: Senator C. Kruger 13 reports, from the Committee on Finance, the 14 following nominations. 15 As a member of the Ogdensburg 16 Bridge and Port Authority, Donald J. Hooper, 17 of Ogdensburg. 18 As a member of the Administrative 19 Review Board for Professional Medical Conduct, 20 Linda Prescott Wilson, of Laurelton. 21 As a member of the Small Business 22 Advisory Board, Jim Alesi, of East Rochester. 23 As a member of the Board of 24 Trustees of the State University of New York, 25 Joseph Warren Belluck, of New York City.

Candyco Transcription Service, Inc. 1 As a member of the City University 2 Construction Fund, Noel N. Hankin, of New York 3 City. 4 As a member of the Long Island 5 State Park, Recreation and Historic 6 Preservation Commission, David Bender, of 7 Middle Island. 8 As a member of the Stewart Airport 9 Commission, F. Edward Devitt, of Montgomery. 10 As a member of the Public Health 11 Council, Jodumutt Ganesh Bhat, M.D., of Malba. 12 As members of the State Council on 13 the Arts, Carol Enseki, of Brooklyn, and Rita 14 Paniagua, of Syracuse. 15 As commissioners of the State 16 Insurance Fund, Theodore K. Cheng, of New York 17 City; H. Sidney Holmes, III, of New York City; 18 and Kenneth R. Theobalds, of New Rochelle. 19 As a member of the Board of 20 Visitors of the Broome Developmental 21 Disabilities Services Office, Margherita Anne 22 Rossi, of Binghamton. 23 As members of the Board of Visitors 24 of the Capital District Developmental 25 Disabilities Services Office, Susan P.

Candyco Transcription Service, Inc. 1 O'Connor, of Delmar, and Kathe R. Sheehan, of 2 Scotia. 3 ACTING PRESIDENT VALESKY: 4 Senator Kruger. 5 SENATOR CARL KRUGER: Thank you, 6 Mr. President. Can we please move those 7 nominations. 8 ACTING PRESIDENT VALESKY: Are 9 there any other Senators wishing to be heard 10 on the motion to confirm the nominations? 11 Senator Alesi. 12 SENATOR ALESI: Thank you, 13 Mr. President. 14 I respectfully request to abstain 15 on voting for the member of the Small Business 16 Advisory Board. 17 ACTING PRESIDENT VALESKY: The 18 record shall so reflect. 19 The question is on the motion to 20 confirm the nominations. All those in favor 21 please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 motion carries. The nominees are hereby 3 confirmed. 4 Returning to the order of business, 5 reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 believe there's a resolution at the desk by 12 Senator Sampson. I ask that the title of the 13 resolution be read and move for its immediate 14 adoption. 15 ACTING PRESIDENT VALESKY: 16 Senator Klein, has this resolution been deemed 17 privileged and submitted by the office of the 18 Temporary President? 19 SENATOR KLEIN: Yes, it has, 20 Mr. President. 21 ACTING PRESIDENT VALESKY: The 22 Secretary will read. 23 THE SECRETARY: By Senator 24 Sampson, legislative resolution commending 25 Barry Addison upon the occasion of receiving

Candyco Transcription Service, Inc. 1 the Men of Distinction Award on June 10, 2010. 2 ACTING PRESIDENT VALESKY: All 3 those in favor of adopting the resolution 4 please signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT VALESKY: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT VALESKY: The 10 resolution is adopted. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 believe Senator Sampson has another resolution 14 at the desk. I ask that the title of the 15 resolution be read and move for its immediate 16 adoption. 17 ACTING PRESIDENT VALESKY: 18 Senator Klein, has this resolution been deemed 19 privileged and submitted by the office of the 20 Temporary President? 21 SENATOR KLEIN: Yes, it has, 22 Mr. President. 23 ACTING PRESIDENT VALESKY: The 24 Secretary will read. 25 THE SECRETARY: By Senator

Candyco Transcription Service, Inc. 1 Sampson, legislative resolution commending 2 Eddie Egidio DiBenedetto upon the occasion of 3 receiving the Men of Distinction Award on 4 June 10, 2010. 5 ACTING PRESIDENT VALESKY: The 6 question is on the resolution. All in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT VALESKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT VALESKY: The 13 resolution is adopted. 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe there's a resolution at the desk by 17 Senator Peralta. I ask that the title of the 18 resolution be read and move for its immediate 19 adoption. 20 ACTING PRESIDENT VALESKY: 21 Senator Klein, has this resolution been deemed 22 privileged and submitted by the office of the 23 Temporary President? 24 SENATOR KLEIN: Yes, it has, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Peralta, legislative resolution commemorating 5 the 2010 FIFA World Cup South Africa, taking 6 place June 11 through July 11, 2010. 7 ACTING PRESIDENT VALESKY: The 8 question is on the resolution. All in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT VALESKY: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT VALESKY: The 15 resolution is adopted. 16 Senator Peralta has indicated that 17 he would like to open the resolution for 18 cosponsorship to the entire house. Any 19 Senator wishing not to cosponsor the 20 resolution should notify the desk. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe Senator Oppenheimer has a resolution 24 at the desk. I ask that the title of the 25 resolution be read and move for its immediate

Candyco Transcription Service, Inc. 1 adoption. 2 ACTING PRESIDENT VALESKY: 3 Senator Klein, has this resolution been deemed 4 privileged and submitted by the office of the 5 Temporary President? 6 SENATOR KLEIN: Yes, it has, 7 Mr. President. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will read. 10 THE SECRETARY: By Senator 11 Oppenheimer, legislative resolution honoring 12 Edson Buddle and Benny Feilhaber, members of 13 the U.S. National Men's Soccer Team, competing 14 in the 2010 World Cup South Africa, taking 15 place June 11 through July 11, 2010. 16 ACTING PRESIDENT VALESKY: The 17 question is on the resolution. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 resolution is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 believe there's a resolution at the desk by 3 Senator Breslin and Senator Parker. I ask 4 that the title of the resolution be read and 5 move for its immediate adoption. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, has this resolution been deemed 8 privileged and submitted by the office of the 9 Temporary President? 10 SENATOR KLEIN: Yes, it has, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: By Senators 15 Breslin and Parker, legislative resolution 16 commending In Our Own Voices upon the occasion 17 of hosting Say It Loud! 2010, to be celebrated 18 June 4 through 6, 2010. 19 ACTING PRESIDENT VALESKY: The 20 question is on the resolution. All in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 Senators Breslin and Parker have 4 indicated they would like to open this 5 resolution for cosponsorship. Any Senator 6 wishing not to cosponsor the resolution should 7 notify the desk. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a resolution at the desk by 11 Senator Griffo. I ask that the title of the 12 resolution be read and move for its immediate 13 adoption. 14 ACTING PRESIDENT VALESKY: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted by the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Mr. President. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Griffo, legislative resolution congratulating 24 Father Gaetano Thomas Baccaro upon the 25 occasion of celebrating the 25th anniversary

Candyco Transcription Service, Inc. 1 of his ordination to the priesthood. 2 ACTING PRESIDENT VALESKY: The 3 question is on the resolution. All in favor 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT VALESKY: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT VALESKY: The 10 resolution is adopted. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 move that we adopt the Resolution Calendar in 14 its entirety. 15 ACTING PRESIDENT VALESKY: All 16 those in favor of adopting the Resolution 17 Calendar in its entirety signify by saying 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT VALESKY: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT VALESKY: The 24 Resolution Calendar is adopted. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 there will be an immediate meeting of the 3 Veterans, Homeland Security and Military 4 Affairs Committee, followed by a meeting of 5 the Rules Committee in the Majority Conference 6 Room. 7 Pending the return of those two 8 committees, may we please stand at ease. 9 ACTING PRESIDENT VALESKY: An 10 immediate meeting of the Senate Veterans 11 Committee, followed by the Rules Committee, in 12 Room 332 of the Capitol. 13 The Senate will stand at ease 14 pending the return of those two committees. 15 (Whereupon, the Senate stood at 16 ease at 10:52 a.m.) 17 (Whereupon, the Senate reconvened 18 at 11:32 p.m.) 19 ACTING PRESIDENT VALESKY: The 20 Senate will come back into order. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, I 23 believe there's a report of the Rules 24 Committee at the desk. I move that we adopt 25 the report at this time.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: There 2 is a report of the Rules Committee at the 3 desk. 4 The Secretary will read. 5 THE SECRETARY: Senator Smith, 6 from the Committee on Rules, reports the 7 following bill direct to third reading: 8 Senate Print 8017, by Senator 9 Oppenheimer, an act to amend the Education 10 Law. 11 ACTING PRESIDENT VALESKY: All 12 those in favor of adopting the Rules Committee 13 report signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT VALESKY: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT VALESKY: The 19 report of the Rules Committee is adopted. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time can we please go to a reading of the 23 calendar. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 418, by Senator Duane, Senate Print 5000B, an 3 act to amend the Public Health Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 8. This 7 act shall take effect on the 30th day after it 8 shall have become law. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 SENATOR LIBOUS: Lay it aside, 13 please. 14 ACTING PRESIDENT VALESKY: The 15 roll call is withdrawn and the bill is laid 16 aside. 17 The Secretary will continue to 18 read. 19 THE SECRETARY: Calendar Number 20 480, by Senator Breslin, Senate Print 6270A, 21 an act to amend the Insurance Law. 22 ACTING PRESIDENT VALESKY: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: In relation to 5 Calendar Number 480, Senator Ranzenhofer to be 6 recorded in the negative. 7 Ayes, 58. Nays, 1. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 532, by Member of the Assembly Brodsky -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 543, by Senator Stavisky, Senate Print 6958A, 18 an act to amend the Education Law. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 546, by Senator Savino, Senate Print 7454, an 6 act to amend the Real Property Tax Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: In relation to 15 Calendar Number 546: Ayes, 58. Nays, 1. 16 Senator Padavan to be recorded in the 17 negative. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 562, by Member of the Assembly Scarborough, 22 Assembly Print Number 8827A, an act to amend 23 the Social Services Law. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Announce the results. 8 THE SECRETARY: In relation to 9 Calendar Number 562, recorded in the negative: 10 Senators Flanagan, Golden, O. Johnson, Lanza, 11 Larkin, Marcellino, Nozzolio, Ranzenhofer, 12 Saland and Volker. 13 Ayes, 49. Nays, 10. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 567, by Senator Oppenheimer, Senate Print 18 6875A, an act to amend the State Finance Law. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 577, by Senator -- 6 SENATOR KLEIN: Lay the bill 7 aside for the day, please. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 579, by Senator Klein, Senate Print 1897A, an 12 act to amend the Penal Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first of November 17 next succeeding. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT VALESKY: 22 Senator Klein, to explain his vote. 23 SENATOR KLEIN: Thank you, 24 Mr. President. 25 One of the problems that still

Candyco Transcription Service, Inc. 1 exists in our communities throughout the State 2 of New York is high insurance rates. And 3 sometimes those rates are exacerbated by the 4 forgery of certificates of insurance and other 5 insurance documents. This legislation would 6 enhance the penalty to a felony for anyone 7 engaged in the forgery of insurance ID cards. 8 So I think this is going to go a 9 long way towards making sure that our rates 10 are reasonable and also that individuals 11 aren't driving in New York without valid 12 insurance. 13 I vote yes, of course, 14 Mr. President. 15 ACTING PRESIDENT VALESKY: 16 Senator Klein to be recorded in the 17 affirmative. 18 Announce the results. 19 THE SECRETARY: Ayes, 58. Nays, 20 1. Senator Duane recorded in the negative. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 587, by Senator Valesky, Senate Print 7542A, 25 an act --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 596, by Senator Foley, Senate Print 4987A, an 7 act to amend the Volunteer Firefighters 8 Benefit Law. 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 Senator Klein, that completes the 14 reading of the noncontroversial calendar. 15 SENATOR KLEIN: Mr. President, at 16 this time can we please go to a reading of the 17 controversial calendar. 18 ACTING PRESIDENT VALESKY: The 19 Secretary will ring the bells. 20 Senators are asked to proceed to 21 the chamber for a reading of the controversial 22 calendar. 23 The Secretary will place Calendar 24 Number 418 before the house. The Secretary 25 will read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 418, by Senator Duane, Senate Print 5000B, an 3 act to amend the Public Health Law and the 4 Insurance Law. 5 ACTING PRESIDENT VALESKY: 6 Senator Hannon. 7 SENATOR HANNON: On the bill, 8 Mr. President. 9 ACTING PRESIDENT VALESKY: 10 Senator Hannon, on the bill. 11 SENATOR HANNON: Mr. President, 12 this is a proposal which would purport to 13 limit commercial health insurance plans from 14 creating tiers, extra tiers for prescription 15 drug formularies. And it would do so with 16 language that says you can't create tiers that 17 have higher cost-sharing or deductibles or 18 co-insurance than now exist. 19 And while I frankly agree with that 20 goal, one of the readings of this, in my mind, 21 is that an insurance company not required to 22 cover any specific drug -- because we don't 23 have a formulary that's universal in this 24 state -- might instead of be limited in what 25 type of cost-sharing it imposes upon a holder

Candyco Transcription Service, Inc. 1 of the plan by simply dropping the drug 2 altogether, thereby frustrating what we would 3 hope to do, which is better the lot of the 4 consumer. 5 And so while I'll support the goal 6 of this, I am troubled by the way it's 7 presented. And thank you for your chance to 8 explain my vote. 9 ACTING PRESIDENT VALESKY: Thank 10 you, Senator Hannon. 11 Senator Liz Krueger, on the bill. 12 SENATOR LIZ KRUEGER: Thank you. 13 Briefly on the bill, Mr. President. 14 I just wanted to say, in supporting 15 and cosponsoring the bill, I have heard from 16 so many New Yorkers who suffer from long-term, 17 chronic, tragic, tragic diseases about their 18 inability to pay for drugs, their fear that if 19 their insurance companies are able to 20 skyrocket the rates, are able to put limits on 21 their ability to get these drugs, that they 22 will literally be left home-bound, unable to 23 continue their lives, even at risk of death -- 24 again, at risk of death -- because of 25 inability to pay for the drugs they need.

Candyco Transcription Service, Inc. 1 The United States government 2 recently moved forward with an attempt to 3 ensure a national healthcare system and access 4 for everyone to healthcare and health 5 insurance. It doesn't kick in completely for 6 several years, and even then I don't think 7 anyone in this room thinks it's the end-all, 8 be-all, magic pill solution to the problems of 9 access to healthcare in our country. 10 But this bill that we're going to 11 pass today, I hope with everyone's support, is 12 at least an attempt to ensure that people with 13 chronic and severe illness -- where, thank 14 you, the pharmaceutical industry has been able 15 to come up with solutions -- that no one who 16 needs these drugs will be prevented from 17 having access to these drugs because of lack 18 of affordable. 19 And again, why do you have health 20 insurance? So that it's there for you when 21 you need it, when you are the person who ends 22 up sick, when you are the person who ends up 23 needing the medical care, when you need those 24 prescription drugs that are completely 25 unaffordable to you as an individual.

Candyco Transcription Service, Inc. 1 We have to make this the law of 2 New York State. So thank you, Senator Duane, 3 for sponsoring it. And of course I'll be 4 voting yes. 5 Thank you, Mr. President. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Krueger. 8 Are there any other Senators who 9 wish to be heard? 10 Seeing none, the debate is closed. 11 The Secretary will ring the bells. 12 Senators are asked to proceed to the chamber 13 so that we may take up the roll call as 14 expeditiously as possible. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 8. This 18 act shall take effect on the 30th day after it 19 shall have become law. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT VALESKY: 24 Senator Seward, to explain his vote. 25 SENATOR SEWARD: Yes, thank you,

Candyco Transcription Service, Inc. 1 Mr. President, very briefly. 2 I must reluctantly vote in the 3 negative on this bill because, as I look at 4 it, I view it as a legislative solution 5 looking for a problem which just currently 6 does not exist in New York State because of 7 the fact that our State Insurance Department, 8 by regulation -- Regulation 62 specifically 9 prohibits coverage limitations which are based 10 on a type of condition or treatment, and does 11 avoid here in New York some of the abuses and 12 problems that admittedly have occurred in 13 other states. 14 So we are already protecting some 15 of the individuals that this legislation seeks 16 to protection through the regulation of the 17 Insurance Department. 18 We have no higher tiers in 19 New York. There is no Tier 4. The department 20 has not approved any additional tiers, which 21 speaks to the good regulation that we have in 22 New York. 23 So I reluctantly vote no. 24 Obviously, this regulation would prohibit, 25 going forward, some innovative solutions to

Candyco Transcription Service, Inc. 1 dealing with the problem of the high cost of 2 prescription drugs in New York State for those 3 that need them. And particularly in light of 4 the federal healthcare and health insurance 5 reforms that we've seen, when we will very 6 much need some of those innovative solutions 7 going forward. 8 So I reluctantly vote in the 9 negative. 10 ACTING PRESIDENT VALESKY: 11 Senator Seward to be recorded in the negative. 12 Announce the results. 13 THE SECRETARY: In relation to 14 Calendar Number 418, Senator Seward voting in 15 the negative. 16 Absent from voting: Senators Diaz, 17 Sampson and Winner. 18 Ayes, 55. Nays, 1. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 Senator Klein, that completes the 22 reading of the controversial calendar. 23 SENATOR KLEIN: Mr. President, at 24 this time can we please go to a reading of the 25 supplemental calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 Secretary will proceed with a reading of the 3 supplemental calendar. 4 THE SECRETARY: Calendar Number 5 730, by Senator Oppenheimer, Senate Print 6 8017, an act to amend the Education Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the same date and in 11 the same manner as a chapter of the Laws of 12 2010. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 Senator Klein, that completes the 20 reading of the Senate supplemental calendar. 21 SENATOR KLEIN: Mr. President, at 22 this time can we please go to a reading of the 23 supplemental active list. 24 ACTING PRESIDENT VALESKY: The 25 Secretary will proceed with the reading of the

Candyco Transcription Service, Inc. 1 Senate supplemental active list. 2 THE SECRETARY: Calendar Number 3 373, by Member of the Assembly Abbate, 4 Assembly Print Number 7203C, an act to amend 5 the Education Law. 6 ACTING PRESIDENT VALESKY: 7 Senator Saland, why do you rise? 8 SENATOR SALAND: Mr. President, I 9 thought we were on the supplemental active 10 list. I did not realize we were on the 11 supplemental calendar. 12 And I wish to be recorded, if I 13 could ask to do so, in the negative on the 14 bill on that calendar. 15 ACTING PRESIDENT VALESKY: 16 Senator Saland, with unanimous consent, you 17 will be recorded in the negative on Calendar 18 Number 730. 19 SENATOR SALAND: Thank you. 20 ACTING PRESIDENT VALESKY: The 21 Secretary will read the last section on 22 Calendar Number 373, the first bill on the 23 supplemental active list. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of January

Candyco Transcription Service, Inc. 1 next succeeding. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 443, by Senator Seward, Senate Print 5775A, an 10 act to authorize the City of Oneonta. 11 ACTING PRESIDENT VALESKY: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 597, by Member of the Assembly Rabbitt, 24 Assembly Print Number 7753A, an act to 25 authorize the Town of Ramapo.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: In relation to 9 Calendar Number 597, Senator Bonacic to be 10 recorded in the negative. Also Senator 11 Larkin. 12 Ayes, 57. Nays, 2. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 601, by Member of the Assembly Rabbitt, 17 Assembly Print Number 7776A, an act to 18 authorize the Town of Ramapo. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 601, Senators Bonacic and 3 Larkin to be recorded in the negative. 4 Ayes, 57. Nays, 2. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 653, by Senator Libous, Senate Print 7700A, an 9 act to amend the Highway Law. 10 ACTING PRESIDENT VALESKY: 11 Senator Libous. 12 SENATOR LIBOUS: Mr. President, 13 could I just speak on the bill for a moment? 14 Explain my vote, I guess. 15 ACTING PRESIDENT VALESKY: Okay. 16 Let us call the roll first. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT VALESKY: 24 Senator Libous, to explain his vote. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 This is a sad bill for me to have 3 to stand up and talk about. This is a bill 4 that designates a portion of state highway in 5 the Village of Port Dickinson in honor of 6 Police Officer Aldo Rossi, Jr. 7 Mr. Rossi was a very well respected 8 citizen and police officer in the Village of 9 Port Dickinson. And one night he was on duty 10 and had pulled someone over and was hit by a 11 drunken driver and killed at 2 a.m. in the 12 morning. 13 In proper respect for Mr. Rossi and 14 certainly his family, a number of citizens who 15 had great love and affection for Officer Rossi 16 felt that it would be appropriate for us to 17 memorialize him by dedicating this portion of 18 state highway. 19 So I'm very honored to stand here 20 on behalf of my constituents who promoted this 21 idea, and to the rest of the Rossi family for 22 the great loss, but in the line of duty in 23 protecting all of the citizens of the Village 24 of Port Dickinson in Broome County, 25 Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Libous to be recorded in the 3 affirmative. 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 Senator Klein, that completes the 9 reading of the noncontroversial supplemental 10 active list. 11 SENATOR KLEIN: Mr. President, 12 can we just briefly return to motions and 13 resolutions. I have two floor motions. 14 ACTING PRESIDENT VALESKY: 15 Proceeding to motions and resolutions. 16 Senator Klein. 17 SENATOR KLEIN: First, 18 Mr. President, on behalf of Senator Ruth 19 Hassell-Thompson, on page number 32 I offer 20 the following amendments to Calendar Number 21 575, Senate Print Number 7740, and ask that 22 said bill retain its place on Third Reading 23 Calendar. 24 ACTING PRESIDENT VALESKY: The 25 amendments are received.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, on 2 behalf of Senator Craig Johnson, on page 3 number 35 I offer the following amendments to 4 Calendar Number 618, senate Print Number 7448, 5 and ask that said bill retain its place on 6 Third Reading Calendar. 7 ACTING PRESIDENT VALESKY: The 8 amendments are received. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, is 11 there any further business at the desk? 12 ACTING PRESIDENT VALESKY: The 13 desk is clear. 14 SENATOR KLEIN: There being no 15 further business, Mr. President, I move that 16 we adjourn at the call of the Temporary 17 President, intervening days to be legislative 18 days. 19 ACTING PRESIDENT VALESKY: On 20 motion, the Senate stands adjourned subject to 21 the call of the Temporary President, 22 intervening days being legislative days. 23 (Whereupon, at 11:58 a.m., the 24 Senate adjourned.) 25

Candyco Transcription Service, Inc.