Wednesday, April 24, 2013

ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.

Presentation of petitions.

Messages from the Assembly.

The Secretary will read.

THE SECRETARY:On page 23, Senator Fuschillo moves to discharge, from the Committee on Judiciary, Assembly Bill Number 197 and substitute it for the identical Senate Bill Number 2610, Third Reading Calendar Number 298.

ACTING PRESIDENT VALESKY:Substitution ordered.

THE SECRETARY:On page 23, Senator Zeldin moves to discharge, from the Committee on Judiciary, Assembly Bill Number 195 and substitute it for the identical Senate Bill Number 2735, Third Reading Calendar 299.

ACTING PRESIDENT VALESKY:Substitution ordered.

THE SECRETARY:On page 25, Senator Libous moves to discharge, from the Committee on Higher Education, Assembly Bill Number 814 and substitute it for the identical Senate Bill Number 4121, Third Reading Calendar 322.

ACTING PRESIDENT VALESKY:Substitution ordered.

THE SECRETARY:On page 26, Senator Martins moves to discharge, from the Committee on Judiciary, Assembly Bill Number 1051 and substitute it for the identical Senate Bill Number 2155, Third Reading Calendar 325.

ACTING PRESIDENT VALESKY:Substitution ordered.

THE SECRETARY:And on page 27, Senator Ritchie moves to discharge, from the Committee on Local Government, Assembly Bill Number 1091 and substitute it for the identical Senate Bill Number 4197, Third Reading Calendar 333.

ACTING PRESIDENT VALESKY:Substitution ordered.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

On behalf of Senator Marcellino, on page 14 I offer the following amendments to Calendar Number 79, Senate Print 1516, and ask that said print retain its place on the Third Reading Calendar.

ACTING PRESIDENT VALESKY:So ordered.

SENATOR LIBOUS:Mr. President, I believe there's a privileged resolution by Senator Larkin at the desk, Number 1372. I ask that the resolution be read in its entirety, and if you would then please call on Senator Larkin.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Legislative Resolution Number 1372, by Senator Larkin, memorializing Governor Andrew M. Cuomo to proclaim April 24, 2013, as West Point Day in New York State.

"WHEREAS, This Legislative Body is justly proud to celebrate the establishment of the United States Military Academy at West Point and to call upon Governor Andrew M. Cuomo to proclaim April 24, 2013, as West Point Day in the State of New York; and

"WHEREAS, By an act of Congress, on March 16, 1802, the United States Military Academy was established within the borders of New York State, on the banks of the Hudson River; and

"WHEREAS, The Academy and its graduates are an integral part of the proud history of this state and nation; and

"WHEREAS, The leadership and sacrifices of the members of the Long Gray Line have helped this country withstand countless threats to our cherished democratic way of life; and

"WHEREAS, The alumni have excelled not only on the battlefield but in many fields of endeavor; and

"WHEREAS, The Academy continues to provide our country with able and dedicated future leaders; and

"WHEREAS, Its scenic campus is a mecca each year for thousands of visitors from across our state, continent and other countries; and

"WHEREAS, The United States Military Academy is in the forefront of our state's outstanding institutions of higher learning; and

"WHEREAS, Sixty-one years ago, the late James T. McNamara, then a member of the New York State Assembly, and a member of the Academy's Class of 1939, was the author of the State Legislature's first 'West Point Day' resolution; and

"WHEREAS, For decades, our nation has enjoyed the legacy of freedom, and the United States Military Academy at West Point has played a vitally significant role in the maintenance of peace and freedom; and

"WHEREAS, The members of this Legislative Body are proud to commemorate this event, marking April 24, 2013, as West Point Day in New York State; now, therefore, be it

"RESOLVED, That this Legislative Body pause in its deliberations to celebrate the establishment of the United States Military Academy at West Point and to memorialize Governor Andrew M. Cuomo to proclaim April 24, 2013, as West Point Day in New York State; and be it further

"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York."

ACTING PRESIDENT VALESKY:Senator Larkin on the resolution.

SENATOR LARKIN:Thank you, Mr. President.

You know, when you look at these young cadets -- John Flanagan's looking up there and saying "I could do that."

(Laughter.)

SENATOR LARKIN:But you know, we're proud to have you here today. It's something special. And before we go another inch, I want to introduce this body to the future leaders of the world: the Long Gray Line.

First of all, we have with us the academic dean, a personal friend. He's standing up, General Trainor. General Trainor has a nephew who's here, and a younger brother -- but he says he's the older brother -- who's also a grad. Thank you, General Trainor.

We have with us our chaplain, Chaplain Colonel Sherer. We have the TAC officer for the Academy, Master Sergeant Frame.

Now, our First Captain, Brandon Whittington. And he has the job of overseeing 4,000 cadets.

We have Captain Tyler Sinisgalli. Not too bad for the Island; right?

John Asbach.

Jason Lopez.

Oh, Grisanti wants everybody to know that you're part of Grand Island. I remember before Grisanti was born.

Brian Trainor. Welcome from a tradition of the United States Military Academy. You, your father, and your uncle and your aunts are to be very proud. You're our positive. Thank you.

James Long, from Erie County. Mike Ranzenhofer was with you. Mike got a cut in his tooth and it went into his jaw, and I don't want to hear about the rest of it. But he came here and he's going to meet with you back home, am I correct? Thank you.

Elizabeth Judd, from Manhattan. So, you know, when someone says the city doesn't care about the armed forces, what do you say, Senator?

And you know, it's a strange thing, and General Trainor and I were talking about it -- there is a full Colonel Judd at the Academy. Being a plebe, you don't really hang around with full colonels, though.

Jordan Lee, from Queens.

Brian Callahan.

Thomas McGuiness.

Boy, I'm going to try this one. If I fail, don't get it with me. Samir Abdelkhalek. Not bad, right?

(Laughter.)

SENATOR LARKIN:Josh Lobdell.

We have with us the West Point Society: Barry Hartman -- Barry is the Class of '64 -- and our own local, Michael Breslin. Where's Mike? Thank you, Michael, for coming. Mike's the Class of '61, right, Mike? I got it right for a change?

And you know, there's a young lady that comes down and administers to the cadets. She provides everything from the Hudson Valley, the North Country, for young cadets and their families. Dina, please stand. Great lady, ladies and gentlemen.

And then we have Colonel Trainor. Colonel Trainor was the Class of '81. And you already met his son Brian.

And Peter Goebel. Pete, you're the Class of '81, right, also? A lot of bright guys in that class.

Gene Martin, Class of '88.

Mike O'Toole, Class of '90.

I could have been the Class of '52, but I figured that six months in OCS was a little bit easier.

What about our cadets? You look at from 1802, and you find out what's happened to this great Academy and its men.

You know, this country wouldn't be where it's at without our armed forces. Someone says, well, they're only a cadet. They're a cadet today, but years down the road they will show you a record, a record of leadership, honesty, and integrity.

I live right outside of the Academy. I have season tickets to everything. Why? Because I respect you and for everything you stand for. As all of my colleagues here today, the first thing they said the other day was, Do I have one? Do I have a cadet? Do I have a cadet?

I said, you know, you can have them all, we'll just all go down to West Point and we'll have lunch with them. Bring your pocketbook; there's no free lunches anymore.

(Laughter.)

SENATOR LARKIN:But just think about what you do for us. Could I ask personally the firsties to stand up? This is the graduating class next month. Within a short time, they'll be in battle.

Thank you for your service to our country, and God bless you.

(Standing ovation.)

SENATOR LARKIN:You know, the trials and tribulations that you firsties have gone through. Firsties, by the way, are seniors in your college of your acknowledgment.

Patty Ritchie was saying to me, "You know, I met some cadets when I first got here. They've already been to Afghanistan and they're now back at my district, Fort Drum." And she watches over you.

I want to tell you, when they were doing sequester, she found out that they were going to cut out benefits for families, and she didn't waste a moment. She started getting right on the phone because she said, "These are the proud, and we must protect and provide." Thank you very much, Senator.

You know, some of you are engineers, some are pilots. But no matter where you go, you will be part of an organization. You will be a leader of troops. The troops that are going to be entrusted to you are our children, our grandchildren, our nieces, our nephews. And we're looking to you to make sure that whatever happens in battle, you do the best to protect them. Because that's what you've learned in the past four years.

Being a member of the armed forces, in my opinion, is something that every American should go through. I think it's a pride to be part of this country's leadership.

I want to tell you that I am very proud of you. I had the privilege of serving for 23½ years, and I never met somebody in the Long Gray Line that I was ashamed of. I served with pride. I was a peon second lieutenant and I was a colonel. No matter what their section was, I always knew that they were doing what was right for America, not for them as an individual.

I've seen some assignments that people have had -- away from their families, unexpected lost time. But I never saw one member of the Long Gray Line complain, bitch and moan about his assignment. Because he knew when he took that oath on R-Day, he or she pledged to do what was right and to be remembered always as a member of the Long Gray Line.

May God bless each and every one of you, and I salute you.

Thank you.

(Extended applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Larkin.

Senator Skelos on the resolution.

SENATOR SKELOS:Thank you very much, Mr. President.

Senator Colonel Larkin has made the introductions, and we welcome all of you to our State Senate. Your State Senate.

We're extremely proud of every single one of you, and we look forward to this date absolutely every year. And as Senator Larkin has indicated, we've met so many people that have served their country. Many young people, when they came before this body, have potentially -- have probably lost their lives, have been injured protecting this country. And that's something we are all very proud of.

West Point is the most cherished institution, in my opinion, in New York State. And it's just not the brick and mortar, it's the men and women who have gone through West Point and made it the great institution that it is, serving the greatest country in the world.

I don't know if you've met Colonel Larkin in the past, but this gentleman has dedicated his life, has dedicated his life to public service. World War II, Korea. I'm not sure about Vietnam.

SENATOR LARKIN:I was in the states.

SENATOR SKELOS:He was in the States.

SENATOR LARKIN:Protecting the home front.

SENATOR SKELOS:But protecting our country, leading men and women. And now in the Senate, local government, Assembly prior to that, he has dedicated himself to representing his constituents but also doing what's right for all the people of the State of New York.

He's a role model, not just for us in this chamber, but his life story should be a role model for all of you. Sitting right there someday, when most of us are gone from the chamber, there will be another Colonel Bill Larkin who has served his country, perhaps in Afghanistan, Iraq, or other parts of the world, and will make a determination that they too love public service and being able to help those within their communities, as we all try to do.

So on behalf of the entire Senate -- Republicans, Democrats, conservatives, liberals -- we say thank you to all of you.

As I said at the beginning, this truly is a special day for all of us because we reflect upon the service that you are providing, we reflect upon really what's important in our lives as representatives, and that's to do what's right by our constituents and this state. And we just in a very proud way say thank you to you for the service that you will be performing.

And Colonel Larkin, we thank you for the service that you continue to perform.

Thank you.

(Standing ovation.)

ACTING PRESIDENT VALESKY:Thank you, Senator Skelos.

Senator Klein on the resolution.

SENATOR KLEIN:Thank you, Mr. President.

This is always truly a great day, because I think every opportunity we have to acknowledge our country's bravest men and women is one that of course I cherish.

And I know Senator Skelos gave much accolades to Colonel Senator Larkin, but I think I have to repeat some of those as well.

I know this is about West Point. This is honoring our future leaders. But I think we're very privileged in this legislative body to have someone of the caliber of Senator Larkin.

I don't think a day goes by where he's not advocating for love of country, where he's not advocating for our veterans. He has so many accomplishments when it comes to this area -- the Purple Heart medal, which he lobbied for so long, which really took on a national model as well.

He's someone I think who teaches us very important lessons, that the freedoms that we enjoy today, we owe those freedoms to America's veterans.

It was once said -- and I think this sort of epitomizes what Senator Larkin does every day -- and it was said by Abraham Lincoln, that the coinage used to purchase our freedoms was the life and limbs of America's veterans.

Well, that still holds true today. And I think all of our great military leaders somehow found their way through West Point.

And when I look out among these future leaders -- corporate executives, future military leaders, and yes, maybe even some future presidents -- I think we're still in a very, very enviable position because we still have individuals like yourselves willing to sacrifice yourself, sacrifice your futures, and really dedicate yourselves to our military.

I thank you for that. And I think not only New York State, but I think America really owes each and every one of you a debt of gratitude. Thank you.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Klein.

Senator Stewart-Cousins on the resolution.

SENATOR STEWART-COUSINS:Thank you. Thank you, Mr. President.

It is really one of the highlights, frankly, of our session days to welcome these wonderful cadets and to really applaud you for being absolutely the finest, the bravest, the brightest and the most conscious of what it is not only you can do in the present but, despite the fact that you don't know what the future holds, you're willing to go forth bravely and really make an example of what America is.

Looking at you in all of your diversity is really, really heartening to me. And looking at you is knowing that you will be not only, again, outstanding where you are, but you will continue to bring pride to all of us. It is a really great day.

And I would be remiss if I did not also add to my comments the accolades for Colonel Senator -- today you're Colonel Senator. Other days you're Senator Colonel. But today, because of what you bring to us each year, you are Colonel Senator.

And of course you heard what Senator Skelos and Senator Klein said about the colonel and how he really keeps us all honest and really brings, brings the heart of why we are here to us every day. He finds an example of including everyone. He always gives tips and hints as to how you can enhance your relationship with our outstanding military men and women.

And not only of course did he serve in World War II and Korea -- and when you said you served stateside, he reminds us that what he did was create that path of freedom for the African-American community and others going forward when he was commissioned to make sure that the marchers could march on that Bloody Sunday, when he was commissioned to make sure that Dr. King's endeavors to bring freedom and equality not only to America but to, you know, set that example for the world, were not at all thwarted. Because he knew that his service was everywhere and anywhere, and he knew how to protect the highest values of our democracy.

We thank you, Colonel, for being who you are.

And again, thank you wonderful men and women for serving us so valiantly.

Thank you.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Stewart-Cousins.

Senator DeFrancisco on the resolution.

SENATOR DeFRANCISCO: Thank you.

As an Air Force veteran, I especially appreciate this day in recognizing the military service of specifically all of you from West Point.

There was a time at the end of the Vietnam War when the military was not looked at so favorably by the general public. It wasn't the military's fault, but they weren't looked at too favorably. And the servicemen that came back from Vietnam were not greeted with thank-yous, they were greeted with derision and they were greeted unfavorably.

But it's totally different today, thank God. And I am telling you -- I'm not going to repeat everything that everybody else said -- Senator Larkin bleeds for the military. And as so long he's here, as long as he's here, you are never going to be not thought of highly, you are going to be given the congratulations and the proud tribute that you truly deserve.

I'm visiting West Point with some friends in September. And I mentioned it to Senator Larkin. Within 24 hours, everything was arranged. Everything was arranged. He's just unbelievable.

Number two, I have a cadet here, Brian Callahan. And I'm proud of him. His father lives right around from the corner from me, and I never knew it. There he is. He's a little too tall for me --

(Laughter.)

SENATOR DeFRANCISCO: -- but he's a great young man.

Interestingly, Brian's father is a lawyer. I've been involved with cases that he's been involved with, I've known him forever. And his mother, Kathleen Joy, ran against me.

(Laughter.)

SENATOR DeFRANCISCO: Can you imagine that? And he still got into West Point. I just don't understand it.

(Laughter.)

SENATOR DeFRANCISCO: She's a member of the city council and a fine representative. She's my representative on the city council.

So this business does cross party lines, what we're doing here today.

And lastly, what I really want to point out here is the best part of you being here, is it helps restore faith in the next generation. I don't know how many times I get the feeling that this country seems to be going in the wrong direction.

So many times I get the feeling that people aren't looking for how they can help society, how they can help each other, but looking for what they can receive from government. There's a legitimate role for government. We've got to provide what others cannot provide, and we've got to provide for those who can't. But we're now getting to the point where everybody believes they're entitled to something.

All of you worked hard to get into West Point. Now, think about that. To get into West Point, to have a military career and to put yourselves in harm's way. You worked to get into West Point. If we had that same attitude and your determination and your spirit was shared by the rest of our next generation, this country would be great and much greater than it's ever been.

So thank you for being here. Thank you for the reminder to everybody that the future is bright, we've got great leaders, and we thank West Point for that. Thank you very much.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator DeFrancisco.

Senator Sanders on the resolution.

SENATOR SANDERS:Mr. President, on the resolution.

It's been pointed out that Colonel Larkin was in Korea, was in World War II -- I almost messed up there. He probably was in Vietnam and can't tell the rest of us the story, the statute of limitations is probably still going on. So I want to thank you for helping bring us together.

It is not often when a Marine has to rise for the Army, but on this day we will stand and say that West Point has given us some of the greatest leaders that this world has ever seen. West Point has led in just about every battlefield that there is.

But I especially want to thank you not simply for your service in Afghanistan or Iraq, but closer to home. The National Guard actually came to the Rockaways and was helping out during the disaster in the Rockaways. So we from the Rockaways are very grateful that you guys actually showed leadership even there.

General Trainor was kind enough to alert me to the fact that the Marines came to the Rockaways too, and we did a naval landing. We won't talk about how accurate that naval landing was, but that's a different story. So I'm grateful for those things.

I know this. I know that as long as America produces cadets like Cadet Sergeant Jordan Lee, we will go to bed and wake up to the freedom that we know. I commend you and your fellow cadets for ensuring that America goes forward for another generation. Thank you very much.

And I again thank all of the great people -- Colonel Larkin, starting with you -- that saw fit that we bring in some of the greatest of America's youth before us today.

Thank you very much.

(Applause.)

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Could I suggest at this time, since the cadets have to be at the Assembly chamber at noon, and we'd like to have Brigadier General Trainor address the body, I'd like to take up the resolution. And then I'd like to invite the Brigadier General up to address us.

And then if members want to speak, they can speak after the resolution has passed.

ACTING PRESIDENT VALESKY:Certainly.

The question is on the resolution. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT VALESKY:Opposed, nay.

(No response.)

ACTING PRESIDENT VALESKY:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:Mr. President, at this time I would like unanimous consent for Brigadier General Trainor to address the body this morning.

ACTING PRESIDENT VALESKY:At this time Brigadier General Trainor will address the New York State Senate.

BRIGADIER GENERAL TRAINOR:Good morning.

I just want to say, on behalf of everyone at the United States Military Academy, thank you. Thank you not just for your warm welcome and for today's recognition, but for your unwavering support day in and day out as we accomplish our goal of preparing these young cadets as future officers and leaders of character for our Army and our nation.

I would like to offer a special thanks to Colonel Senator Bill Larkin, a veteran of World War II and Korea, who is such a great friend of West Point.

The great State of New York is a wonderful partner, and its help is invaluable as West Point continues to develop the best and brightest young men and women to serve our nation. The resilience that the people of New York displayed after the events of September 11th, like the resilience the people of Boston are showing today, are great examples to demonstrate to our cadets the power of the American people.

We are forever grateful for the opportunity to prepare your sons and daughters. West Point was a strategic location in the founding of our country, and it remains a strategic part of our nation today because we educate, train and inspire outstanding future officers due to your steadfast commitment and support and that of the American people.

Thank you again, and Go Army.

(Standing ovation.)

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Mr. President, other members want to continue to address the cadets, but in a short period of time they will have to get up and leave to go to the Assembly. But I just thought it was proper for the Brigadier General to address the body.

So if there are other members who are on the list and you want to go through that with unanimous consent with my colleague Senator Gianaris, I would proceed.

ACTING PRESIDENT VALESKY:Senator Ball on the resolution.

SENATOR BALL:I know that that -- as a former Academy graduate, I know that that is my cue to be quick, which I will be quick and be seated.

I want to thank Senator Larkin as well, and I know that I speak for everybody who's familiar with Senator Larkin that there is no greater advocate who personally goes to each and every member to make sure there are veterans and certainly his beloved academy is absolutely taken care of.

I do want to take somewhat of a count to the "Go Army" comment. It was personally upsetting. On November 3rd, a few days before my election, when I pushed the campaign schedule to go to watch my alma mater, the Air Force Academy, get the tar kicked out of them on November 3rd -- and I just want to say you played a hell of game. Please never do it again.

(Laughter.)

SENATOR BALL:And, you know, I just got back from my 10-year reunion, and I just want to talk to each and every one of you -- and Cadet Lopez, who's from my district -- you know, you have amazing opportunities ahead of you. And the world is your oyster. I'm not going to tell you how great West Point is. Every time I go out to drinks with many of the alma mater, you guys tell me enough. Okay? You know it.

Suck every minute and every moment of life that you can. Because the saying at my institution was that the best view of the Academy is in the rear-view mirror after you graduate.

I know it can get dark and gray and it can seem like you have to take 275 pounds every day and put it into a 50-pound bag. Enjoy it, because you're going to miss it.

And the honor that you have of leading men and women from all across this country who have moms and dads, families that love them dearly, there's no greater honor.

And I ask one thing, that you consider, once that uniform comes off -- and there are combat vets -- Lee Zeldin, who's here, combat vet; Senator Larkin; Wayne Jackson, who's a Sergeant-at-Arms who actually had injuries, he's a Purple Heart recipient. I'm not missing anybody, right? Consider, when you take that uniform off, that you come to places like this, because America needs you.

God bless.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Ball.

Senator Addabbo on the resolution.

SENATOR ADDABBO:Thank you, Mr. President. Good morning.

First I want to echo the sentiments about Colonel Senator Larkin, for his dedication to our country and of course our state, and for his efforts on West Point Day each and every year.

As ranking member of the Senate Veterans, Military Affairs and Homeland Security Committee, what I see today is both the history and the future of our country here in terms of military armed forces. And I know it's possible that one of these cadets will create a new chapter in America's history, and that future cadets will learn from their leadership and learn from their experiences someday.

Only recently, this past December, we lost an icon, one of the greats at West Point, and that's General Norman Schwarzkopf. As a leader for the coalition forces in the Persian Gulf War, and with the extraordinary military career he had before that, we certainly lost an American icon.

And today we have one of General Schwarzkopf's West Point classmates. I am pleased to recognize United States Army Brigadier General, West Point Class of 1956 -- and my uncle -- General Luciano Salamone. Uncle Leo.

(Applause.)

SENATOR ADDABBO:Once again, it's a great honor. I say thank you for your commitment and dedication to our country, and it's a pleasure having you here today in the Senate chambers. Thank you very much.

Thank you, Mr. President.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Addabbo.

Senator Little on the resolution.

SENATOR LITTLE:Thank you, Mr. President.

I would just like to commend all of these young men and women who attend the military academy for their perseverance, for their actual desire to attend a military academy, and then the hard work that goes into it to become to accepted a military academy, and then the harder work to be able to maintain your grades there and to graduate from there. It's a wonderful career, and we're very, very proud of you.

My own son attended the Naval Academy, so as a parent I know how difficult it is. And I remember when people would ask him, when he'd come home, "Do you like it there?" he'd say, "Well, I don't always like it there, but I will like being from there."

And believe me, that is the truth, because you are getting one of the finest educations that is available to any young man or woman in this country.

And I know how proud I am of my son, and I know how proud your family is of you. Congratulations, and thank you for selecting a military academy and a military career.

Thank you.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Little.

Senator Hoylman on the resolution.

SENATOR HOYLMAN:Thank you, Mr. President.

I wanted to acknowledge the cadets who are here today and welcome them, and of course acknowledge Senator Colonel Larkin's contributions to this afternoon but also for a lifetime of military service.

I particularly wanted to acknowledge a young woman who is from my district, the district of Chelsea, as she leaves. Her name is Elizabeth -- E.J. -- Judd.

You know, the great cultural anthropologist Margaret Mead once wrote: "I do not believe in using women in combat because females are too fierce." And I think E.J. Judd falls into that category.

She is a graduate of Stuyvesant High School, which is one of the finest public high schools in New York City. She's a major in mechanical engineering, is currently ranked fifth individually in national competition in USMA fencing. And she told me that she fell in love with West Point on a third-grade field trip, and she knew at age 10 what she wanted to do with the rest of her life. I think I'm still trying to figure that out.

But I acknowledge her service, her future work on behalf of the U.S. military, and wanted to thank Congressman Nadler for her nomination and making certain that she received this education. She's the only woman cadet here today, but she's one of 200 in her class. So there's great things on the horizon for women in our military service.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Hoylman.

Senator Golden on the resolution.

SENATOR GOLDEN:Quickly, I'd like to congratulate again Senator Larkin for his great outstanding work in our military and here in our Senate body.

I'd like to congratulate General Trainor for his great service to our nation.

But there was another general, General Swezey, that was with them as well. General Swezey was on the ground, not only, as Senator Sanders has pointed out, in the Rockaways, but he was in Nassau, he was in Suffolk, he was Senator Lanza in Staten Island, he was with Simcha Felder and Senator Golden in Brooklyn.

They came down and they helped all of those families. They've been a credit to this nation for the past 200 years. They've been a credit to this nation from 9/11, a terrible tragedy that took 3,000 lives. They have done an outstanding job since 9/11 and continue to serve this great nation with honor, and I congratulate them.

And I congratulate you, Senator Larkin, for your great work.

Thank you.

(Applause.)

ACTING PRESIDENT VALESKY:Thank you, Senator Golden.

Senator Kennedy on the resolution.

SENATOR KENNEDY:Thank you, Mr. President.

I too want to join my colleagues in welcoming the cadets who have joined us here today at the State Capitol from West Point. You cadets have done so much already to make our nation and our state proud, and I know you'll continue to accomplish great things for yourselves and your families, for your neighbors, the Empire State, and the United States of America.

Duty, honor and country. Those are the values that you deeply believe in and values that you live every day. They're also values that drive our work here in the Senate, and they are the values that every American respects and often seeks to fulfill. You cadets are those values personified.

As you begin your careers in service to the nation, I know that you'll forever keep "duty, honor and country" at the forefront of your hearts and your minds and you'll do everything you can to keep our nation strong and free. Congratulations as you prepare for graduation, and good luck in all of your future endeavors.

I also want to just take a moment to specifically recognize a young man who recently traveled from West Point to Buffalo and back again. And in that brief moment of time he was in Western New York to visit his friends and his family, he took the time to meet with me and discuss a project he's working on to help veterans that have served this country so nobly.

Jay Long, a young Western New Yorker and my fellow alumnus of St. Joseph's Collegiate Institute -- for those of you keeping track, the greatest high school in America --

(Laughter.)

SENATOR KENNEDY:-- is making his family, our high school alma mater, and our community in Western New York proud as he graduates from West Point.

Jay talked to me about Trek for Our Troops, an important program that aims to give veterans an opportunity to gain direction and recharge their ambition after they return home from their service and sacrifice to this great country.

So often we hear the tragic stories of veterans who come home and struggle to find employment, struggle to reacclimate to civilian life, and struggle to find the support that they need. Simply put, this is not right and it is unacceptable.

When soldiers return home after fulfilling their duties and completing their service to our country, it is our duty to protect and support our veterans and their families. They deserve access to the opportunities they need to lead long fulfilling lives after military service, to become reacclimated to society, to find a job, to raise their families and to serve the community with honor and dignity as they've served this great nation.

I firmly believe that, we in the Senate here believe that, and I know Jay Long and his fellow cadets that join him here today believe that as well.

I encourage everyone in this chamber and the people of the state to learn more about Trek For Our Troops and the work that they're doing with Team Red, White and Blue. Programs like these are giving veterans a better shot at completing a smoother transition from military service to civilian life. It's a noble effort, a great cause, and it's a mission we should all commit to.

Thank you, Jay, for your hard work. Thank you, cadets, for your service to this great country. And thank you for all that you do for the future.

Thank you, Mr. President.

ACTING PRESIDENT VALESKY:Thank you, Senator Kennedy.

(Applause.)

ACTING PRESIDENT VALESKY:Senator Libous, that concludes comments from the Senators on the West Point resolution.

SENATOR LIBOUS:Thank you, Mr. President.

I believe Senator Larkin wanted to open the resolution up to all the members. So if you would put all the members on the resolution. If for some reason a member doesn't want to be on the resolution, let the desk know.

ACTING PRESIDENT VALESKY:All Senators will be placed on the resolution. Anyone wishing not to cosponsor should notify the desk.

Senator Libous.

SENATOR LIBOUS:Mr. President, can we return to motions for a second.

ACTING PRESIDENT VALESKY:Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:On behalf of Senator Young, on page 29 I offer the following amendments to Calendar Number 391, Senate Print 3710B, and ask that said bill retain its place on the Third Reading Calendar.

ACTING PRESIDENT VALESKY:The amendments are accepted and the bill will retain its place on the Third Reading Calendar.

Senator Libous.

SENATOR LIBOUS:And, Mr. President, on behalf of myself, I wish to call up my bill, Senate Print 3580, recalled from the Assembly, which is now at the desk.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Calendar Number 181, by Senator Libous, Senate Print 3580, an act to amend the Environmental Conservation Law.

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.

ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

SENATOR LIBOUS:Mr. President, I now offer up the following amendments.

ACTING PRESIDENT VALESKY:The amendments are accepted.

Senator Libous.

SENATOR LIBOUS:Sir, could we now at this time have the reading of the noncontroversial calendar.

ACTING PRESIDENT VALESKY:The Secretary will read.

THE SECRETARY:Calendar Number 73, by Senator Zeldin, Senate Print 2598A, an act authorizing.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:In relation to Calendar Number 73: Ayes, 59. Nays, 1. Senator Bonacic recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 167, by Senator Klein, Senate Print 3070, an act to amend Chapter 174 of the Laws of 2012.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59. Nays, 1. Senator Bonacic recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 170, by Senator Bonacic, Senate Print 1886, an act to amend the Education Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 233, by Senator Kennedy, Senate Print 2871, an act authorizing.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 237, by Senator O'Mara, Senate Print 3911, an act to amend the Village Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 238, by Senator Little, Senate Print 3933, an act to amend the Town Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 241, by Senator Zeldin, Senate Print 4092, an act to authorize.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 242, by Senator Martins, Senate Print 4192, an act to authorize.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 294, by Senator Larkin, Senate Print 280, Concurrent Resolution of the Senate and Assembly.

ACTING PRESIDENT VALESKY:Call the roll on the concurrent resolution.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The resolution is passed.

THE SECRETARY:Calendar Number 295, by Senator Ranzenhofer, Senate Print 1127A, an act to amend the Domestic Relations Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 120th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 298, substituted earlier by Member of the Assembly Braunstein, Assembly Print Number 197, an act to amend the Judiciary Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 4. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 299, substituted earlier by Member of the Assembly Zebrowski, Assembly Print Number 195, an act to amend the Civil Practice Law and Rules.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 322, substituted earlier by Member of the Assembly Pretlow, Assembly Print 814 --

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT VALESKY:The bill is laid aside.

THE SECRETARY:Calendar Number 325, substituted earlier by Member of the Assembly Weinstein, Assembly Print Number 1051, an act to amend the Civil Practice Law and Rules.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 8. This act shall take effect on the same date and in the same manner as Chapter 500 of the Laws of 2012.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 59. Nays, 1. Senator Bonacic recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 326, by Senator Klein, Senate Print 2369, an act to amend the Local Finance Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 327, by Senator Zeldin, Senate Print 2925A, an act to authorize.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 58. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 333, substituted earlier by Member of the Assembly Magee, Assembly Print 1091, an act to amend the General Municipal Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

THE SECRETARY:Calendar Number 350, by Senator Ball, Senate Print 2655 --

SENATOR LIBOUS:Lay it aside for the day.

ACTING PRESIDENT VALESKY:The bill is laid aside for the day.

THE SECRETARY:Calendar Number 351, by Senator Ball, Senate Print 2657, an act to amend the Military Law.

ACTING PRESIDENT VALESKY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect on the 30th day.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT VALESKY:The bill is passed.

Senator Libous, that completes the noncontroversial reading of the calendar.

SENATOR LIBOUS:Could we now have the controversial reading of the calendar.

ACTING PRESIDENT VALESKY:The Secretary will ring the bell.

The Secretary will place Calendar 322 before the house, controversial reading.

THE SECRETARY:Calendar Number 322, by Member of the Assembly Pretlow, Assembly Print 814, an act to amend the Education Law.

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would please yield for some questions.

ACTING PRESIDENT VALESKY:Senator Libous?

SENATOR LIBOUS:I do, Mr. President.

ACTING PRESIDENT VALESKY:The sponsor yields.

SENATOR KRUEGER:Thank you.

Specifically my questions involve the last section of this bill -- actually, it's not the last section, it's Section 4: "Subparagraph (iv) of paragraph 1 of subdivision (d) of section 3101 of the Civil Practice Law and Rules is REPEALED."

Can you please explain what that repeal would mean?

SENATOR LIBOUS:Mr. President -- through you, of course -- what it does is it just strikes that clause that says that in an action for podiatric medical malpractice a physician may be called upon as an expert witness in trial.

This is something that the Assembly Codes Committee had requested be amended, and we are amending the bill at their request.

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Sure.

ACTING PRESIDENT VALESKY:The sponsor yields.

SENATOR KRUEGER:Thank you.

So if we were in the Assembly, I would ask them why they wanted to amend this language. But since you're carrying the bill in the Senate, why would we want to change the standard of who can be called as a witness in a medical malpractice case involving specifically podiatrists?

SENATOR LIBOUS:Well, it was originally part of the chapter, Mr. President. But because the importance of this bill is something that the doctors are -- the podiatrists are interested in, we wanted to make sure that the chapter could go forward. And at this time we're making that amendment so that the bill gets --

SENATOR KRUEGER:Through you --

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Sure.

ACTING PRESIDENT VALESKY:The sponsor yields.

SENATOR KRUEGER:So my understanding is we passed a law that this is a chapter amendment to, and the law now allows podiatrists to do surgery up to the knee.

Now, personally I voted against that law because I actually don't think the training and scope of practice of podiatrists should include surgery on a significant part of the body up to the knee, but it had become the law.

And as part of the law, there's the recognition that you face the possibility of medical malpractice when you're in fact doing surgery -- I mean, they always faced medical malpractice, but now they face medical malpractice on a larger part of the body that they can do surgery on. And I understand that.

But this repealer would actually translate into physicians not being allowed to be called as expert witnesses on a podiatric medical malpractice action. And I'm concerned that if I were to go to any medical practitioner and they performed surgery --

ACTING PRESIDENT VALESKY:Senator Krueger, are you speaking on the bill or asking Senator Libous a question?

SENATOR KRUEGER:No, I have a very long question, thank you.

ACTING PRESIDENT VALESKY:Perhaps we could get to that question.

SENATOR KRUEGER:I will be getting to it. I'm just trying to give you the scenario of the question.

That if this bill were to pass, that I would be prevented from having a doctor as an expert witness in a medical malpractice case against my podiatrist. So that is my question.

Is that the understanding of the sponsor, that the law allows surgery, it requires malpractice insurance, but we would no longer be allowed to call a doctor as an expert witness in a case involving a podiatrist?

SENATOR LIBOUS:Mr. President, that is not true. Doctors still could be called as an expert witness.

SENATOR KRUEGER:Through you, Mr. President, then I repeat my question. What does this section of his bill do to change the existing civil law?

SENATOR LIBOUS:It allows the court to make the decision.

SENATOR KRUEGER:Through you, Mr. President.

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Thank you.

We specifically --

ACTING PRESIDENT VALESKY:Senator Krueger, are you continuing to ask Senator Libous to yield or are you speaking on the bill?

SENATOR KRUEGER:No, I'm going to speak on the bill. And I may have some additional questions.

ACTING PRESIDENT VALESKY:Senator Krueger on the bill.

SENATOR KRUEGER:Thank you.

So in other forms of medical practice and other forms of surgery, in other situations where there may be a malpractice case, the law is clear that you can call a doctor as an expert. There is a process where a judge may determine this person is or isn't qualified to be the expert. There are always lawyers on both sides in these cases, and usually a lawyer for the defendant will make an argument as to why they don't believe this person is or isn't qualified to be the expert witness for the plaintiff.

The law also already allows flexibility for judges to determine whether or not a specific person can be recognized as an expert witness. Despite my colleague's statement, I actually believe this could be read as doctors cannot be called as expert witnesses in a medical malpractice case involving a podiatrist.

I accept under current law a judge might determine a specific doctor or doctors or any other kind of witnesses as not being qualified. But in fact, it is particularly important that there be no gray area in our law when it comes to being allowed to recognize that doctors may in fact be the only appropriate experts to testify in a medical malpractice case involving podiatrists, because the podiatrist is doing surgery perhaps on the bones in the ankle or heading up the leg, or may be involved in other removals of things along the leg or the foot up to the knee.

But through malpractice, which may be intentional or unintentional, they may hit the tibial artery or the peroneal artery or the dorsalis pedis artery or the popliteal artery or even the femoral artery, leading to potentially blood clots, aneurysms, blood stoppage to the heart, oxygen stoppage to the rest of the body, causing serious physical harm or even death.

If that happened to me or my family members, I would want to make sure that an expert in arterial and venous circulation flow, with expertise in what happens if there are mistakes in surgery, even unintentional, involving systems in the foot, leg or knee, I would want that expert to be -- the expert in the surgical procedures, in the anatomy, to be testifying.

And we have a perfectly good law that we recognize for other medical malpractice by other providers of healthcare. And I really can't understand why we would want some exception to the standards in our civil law about the rights of who may be called in a civil case as an expert to testify specifically for podiatric malpractice. So this is my opposition to the bill.

May I ask the sponsor if he will yield to an additional question.

ACTING PRESIDENT VALESKY:Senator Libous, do you yield?

SENATOR LIBOUS:Sure.

ACTING PRESIDENT VALESKY:The sponsor yields.

SENATOR KRUEGER:Thank you.

The sponsor answered that the Codes Committee of the Assembly supported this, but again I pointed out we're not in the Assembly.

Are the podiatrists asking for this repeal?

SENATOR LIBOUS:No, this actually -- look it, Mr. President, this actually clarifies the law. And it allows either a doctor or a podiatrist to be called as a witness.

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Through you, Mr. President, could the Senator --

SENATOR LIBOUS:Taking it out, it clarifies the law.

SENATOR KRUEGER:Could the sponsor read me the section of civil law and explain why repealing it clarifies --

SENATOR LIBOUS:No, the sponsor can't at this time.

SENATOR KRUEGER:So the sponsor and I disagree about the current law, the need to repeal the law.

But again, my understanding is, for the record, that this would limit the ability to potentially call a doctor as an expert witness in a medical malpractice case involving podiatrists.

SENATOR LIBOUS:That's not true, Mr. President, it would not.

SENATOR KRUEGER:I know we disagree on that, but Senator -- excuse me. Through you, Mr. President.

ACTING PRESIDENT VALESKY:Senator Krueger.

SENATOR KRUEGER:Thank you. The sponsor won't show me the language being repealed and explain to me why that wouldn't do that, and I have asked him and he won't.

And again, my understanding is podiatrists are not asking for this change. And so I want to respectfully point out we passed a law to give them more authority to do surgery --

ACTING PRESIDENT VALESKY:Senator Krueger, are you now speaking on the bill?

SENATOR KRUEGER:On the bill. On the bill.

ACTING PRESIDENT VALESKY:Senator Krueger on the bill.

SENATOR KRUEGER:Thank you so much.

-- that they asked us to change the law, giving them more authority. We made that a law relatively recently, so in fact we don't even have enough time to do research about whether there are any medical malpractice problems or not. There may be none at all.

But I certainly don't think that we should be repealing a section of law that exists and applies to other professions and medical malpractice and the standards of civil law in this state. And that I can't see a clear justification for it.

And again, we have no memos in support or opposition by anyone as far as I know. But I have been advised that the podiatrists are not asking for this change themselves, and so I really don't understand why we'd do it at this time.

So I'll be voting no, Mr. President. Thank you.

ACTING PRESIDENT VALESKY:Thank you, Senator Krueger.

Are there any other Senators who wish to be heard?

Seeing none, the debate is closed.

The Secretary will ring the bells. All Senators are asked to proceed immediately to the chamber so that we may move forward with the roll call.

The Secretary will read the last section.

THE SECRETARY:Section 5. This act shall take effect on the same date and in the same manner as Chapter 438 of the Laws of 2012.

ACTING PRESIDENT VALESKY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT VALESKY:Senator DeFrancisco to explain his vote.

SENATOR DeFRANCISCO: Yes, I'm going to vote for this.

And my understanding of what this is all about is that in the original bill the wording could have been interpreted as only allowing physicians to be expert witnesses, and not podiatrists. So this amendment basically conforms to existing law before the podiatrists bill, insofar as making it clear that an expert witness could either be a doctor or a podiatrist, as is the case with any other malpractice case.

So I think this is clarifying that. And since it's clarifying that, I think it's a good bill.

As a practical matter, having done these from time to time, even though a defendant can call a podiatrist, I would think if the plaintiff was going to be calling a physician, it would be pretty risky for the defendant to not to call a physician as well in defense. But it's up to the defendant, if this bill passes, and so it's clear that they could call a podiatrist.

So I think it makes sense. I vote yes.

ACTING PRESIDENT VALESKY:Senator DeFrancisco to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar Number 322, those recorded in the negative are Senators Gipson, Hassell-Thompson, Hoylman, Krueger, O'Brien, Sanders, Serrano and Tkaczyk.

Absent from voting: Senators Adams, Breslin, Diaz, Dilan, Espaillat, Farley, LaValle, Montgomery, Perkins and Ranzenhofer.

Ayes, 43. Nays, 8.

ACTING PRESIDENT VALESKY:The bill is passed.

Senator Libous, that completes the controversial reading of the calendar.

SENATOR LIBOUS:Thank you, Mr. President. Is there any further business at the desk?

ACTING PRESIDENT VALESKY:The desk is clear.

SENATOR LIBOUS:Thank you.

Then there being no further business, I move that we adjourn until Monday, April 29th, at 3:00 p.m., intervening days being legislative days.

ACTING PRESIDENT VALESKY:On motion, the Senate stands adjourned until Monday, April 29th, at 3:00 p.m., intervening days being legislative days.

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT VALESKY:Senator Libous.

SENATOR LIBOUS:Please tell the members that the 1:00 o'clock lunch with the West Point cadets is in Room 332.

ACTING PRESIDENT VALESKY:Lunch at 1:00 p.m. in Room 332 with the cadets from West Point.

The Senate stands adjourned.

(Whereupon, at 12:31 p.m., the Senate adjourned.)