April 15, 2008

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Date: 04/15/2008 Session: Regular

1534 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 15, 2008 11 3:14 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 1535 1 P R O C E E D I N G S 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to rise and join 5 with me as we recite the Pledge of Allegiance 6 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: The 10 invocation today will be offered by the 11 Reverend Richard Klueg, pastor of the Baptist 12 Church of Northville. 13 REVEREND KLUEG: Thank you. 14 Please bow with me. 15 Our gracious Father in heaven, we 16 want to thank You so much for being here today 17 for these men and women serving our state, 18 serving You. We ask for Your wisdom for them. 19 We ask You to give them courage, ask You to 20 give them insight. 21 We pray for their personal lives, 22 Father, that You will bless them, their 23 families, all their loved ones, give them good 24 health and strength. 25 Father, we pray for our state. We

Candyco Transcription Service, Inc. (518) 371-8910 1536 1 thank You for it, for the prosperity we enjoy, 2 the peace we enjoy. We pray that will 3 continue and abound. And I pray that the work 4 that's done here today will help us to 5 progress even further in those directions. 6 We thank You so much. And I pray 7 in the name of my savior, Jesus Christ. 8 Amen. 9 ACTING PRESIDENT GRIFFO: Thank 10 you, Reverend Klueg. 11 The reading of the Journal. 12 THE SECRETARY: In Senate, 13 Monday, April 14, the Senate met pursuant to 14 adjournment. The Journal of Sunday, April 13, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING PRESIDENT GRIFFO: Without 18 objection, the Journal stands approved as 19 read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from Candyco Transcription Service, Inc. (518) 371-8910 1537 1 state officers.

2 Motions and resolutions. 3 Senator Seward. 4 SENATOR SEWARD: Yes, 5 Mr. President. On behalf of Senator 6 DeFrancisco, on page number 30 I offer the 7 following amendments to Calendar Number 545, 8 Senate Print Number 1829A, and ask that the 9 said bill retain its place on the Third 10 Reading Calendar. 11 ACTING PRESIDENT GRIFFO: The 12 amendments are received and adopted, and the 13 bill will retain its place on the Third 14 Reading Calendar. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, I 17 believe there are two substitutions at the 18 desk. If we could make them at this time. 19 ACTING PRESIDENT GRIFFO: Yes, we 20 do. The Secretary will read. 21 THE SECRETARY: On page 41, 22 Senator Saland moves to discharge, from the 23 Committee on Codes, Assembly Bill Number 614 24 and substitute it for the identical Senate 25 Bill Number 2452, Third Reading Calendar 752. Candyco Transcription Service, Inc. (518) 371-8910 1538 1 And on page 42, Senator Volker 2 moves to discharge, from the Committee on 3 Codes, Assembly Bill Number 5513C and 4 substitute it for the identical Senate Bill

5 Number 3845C, Third Reading Calendar 757. 6 ACTING PRESIDENT GRIFFO: 7 Substitutions so ordered. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could adopt the Resolution Calendar, 11 with the exception of Resolution 5284. 12 ACTING PRESIDENT GRIFFO: All in 13 favor of adopting the Resolution Calendar, 14 with the exception of Resolution 5284, signify 15 by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 Resolution Calendar is adopted. 22 Senator Skelos. 23 SENATOR SKELOS: I believe, 24 Senator Connor, you wanted to make a comment. 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 1539 1 Connor. 2 SENATOR CONNOR: Yes, thank you, 3 Mr. President. Just briefly. 4 This resolution recognizes the 5 achievements of Dr. Frank Macchiarola, who I 6 think many of us know. He has served in many 7 positions over the years, including as

8 chancellor of the New York City Board of 9 Education. He's served on various commissions 10 and governmental bodies. He served as the 11 dean of Cardoza Law School. And for these 12 last so many years, he has been the president 13 of St. Francis College. 14 He is now retiring from that 15 position, and this resolution recognizes his 16 many accomplishments, both his scholarly 17 accomplishments as well as the public service 18 he has rendered from time to time over a long 19 and wonderful career. 20 There is an event where he will be 21 recognized and honored and where the 22 resolution will be presented to benefit 23 St. Francis College, which I'm privileged to 24 have in my district, a mere two or three 25 blocks away from my home -- a wonderful Candyco Transcription Service, Inc. (518) 371-8910 1540 1 institution that's graduated many, many 2 distinguished alumni, including Dr. Frank 3 Macchiarola. 4 And I would ask if any of my 5 colleagues would like to join on the 6 resolution -- I suspect perhaps Brooklyn 7 colleagues or others would like to -- that I 8 would open it up. 9 Thank you, Mr. President. 10 ACTING PRESIDENT GRIFFO: Thank

11 you, Senator Connor, for your comments on 12 Resolution 5204. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could have Resolution 5284, by Senator 16 Marcellino, read in its entirety at this time. 17 ACTING PRESIDENT GRIFFO: Senator 18 Skelos, without objection, will we open up the 19 Connor resolution, 5204? 20 SENATOR SKELOS: Before we read 21 that, I believe Senator Connor wanted to have 22 his resolution opened up for sponsorship. If 23 anybody wishes not to cosponsor it, they 24 should notify the desk. 25 ACTING PRESIDENT GRIFFO: So Candyco Transcription Service, Inc. (518) 371-8910 1541 1 noted. If you choose not to be a cosponsor, 2 please notify the desk on Resolution 5204 by 3 Senator Connor. 4 The Secretary will now read 5 Resolution 5284, from Senator Marcellino. 6 THE SECRETARY: By Senator 7 Marcellino, Legislative Resolution Number 8 5284, commemorating the 38th Anniversary of 9 Earth Day on April 22, 2008. 10 "WHEREAS, It is the sense of this 11 Legislative Body to recognize and pay tribute 12 to those organizations dedicating their 13 purposeful work to increasing public awareness

14 of, and appreciation for, the natural 15 resources of New York, recognizing the role 16 all citizens have in protecting the 17 environment and the quality of life in this 18 Empire State; and 19 "WHEREAS, On April 22, 1970, 20 approximately 5 million Americans participated 21 in the first Earth Day demonstration to 22 express their concerns over the environment 23 and the fate of the planet; and 24 "WHEREAS, In the past 38 years that 25 have passed since the original Earth Day, the Candyco Transcription Service, Inc. (518) 371-8910 1542 1 planet has been subjected to the continuing 2 burdens of world population growth, increasing 3 commercial and residential development, ocean 4 pollution, increasing stores of toxic and 5 nuclear waste, and the other similar assaults 6 that have exacerbated the growing dangers of 7 global climate change, ozone depletion, toxic 8 poisoning deforestation, and mass species 9 extinctions; and 10 "WHEREAS, Following the first Earth 11 Day and the demonstrations of the concerns of 12 over 20 million Americans, a collective 13 national action has resulted in the passage of 14 sweeping new laws to protect the invaluable 15 resources of air, land and water; and 16 "WHEREAS, April 22, 2008, marks the

17 38th anniversary of Earth Day, a day set aside 18 to celebrate the beauty and bounty of our 19 environment and to revitalize the efforts 20 required to protect and maintain respect for 21 the environment and its resources; and 22 "WHEREAS, Earth Day 2008 activities 23 and events will educate all citizens on the 24 importance of acting in an environmentally 25 sensitive fashion by recycling, conserving Candyco Transcription Service, Inc. (518) 371-8910 1543 1 energy and water, using efficient 2 transportation, and adopting more ecologically 3 sound lifestyles; and 4 "WHEREAS, Earth Day 2008 activities 5 and events will educate all citizens on the 6 importance of supporting the passage of 7 legislation that will help protect the 8 environment, and will highlight the importance 9 of a heightened awareness of environmental 10 concerns amongst our state's leaders; and 11 "WHEREAS, The goal of Earth Day 12 2008 is not to plan only one day of events and 13 activities, but to continue worldwide efforts 14 to protect all aspects of the environment; 15 now, therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to commemorate 18 the 38th Anniversary of Earth Day on April 22, 19 2008; and be it further

20 "RESOLVED, That this Legislative 21 Body congratulate all the concerned citizens 22 of New York State who have embraced the 23 responsible work of protecting and preserving 24 the environment for future generations." 25 ACTING PRESIDENT GRIFFO: Senator Candyco Transcription Service, Inc. (518) 371-8910 1544 1 Marcellino. 2 SENATOR MARCELLINO: Thank you, 3 Mr. President. I rise because Senator 4 Morahan, my seatmate over here, urged me to do 5 so today to remind everyone we're 6 commemorating the 38th anniversary of Earth 7 Day, and to also remind us that we should 8 never, ever take for granted what we have on 9 this planet, and that only one day a year 10 should not be the only day we think about the 11 earth and our environment. 12 They ain't making any more planets 13 like this. This is the only one we're going 14 to have. This is the only one our children 15 and our grandchildren and future generations 16 are going to have. We owe it to them to leave 17 this place better than we found it and to make 18 sure we preserve and protect the natural 19 resources. And amongst those natural 20 resources are the critters, the wildlife, 21 plants and any other things that inhabit this 22 planet that we share.

23 We have many challenges ahead of 24 us. We have mountains of tires; no one knows 25 what to do with them. We have mountains of Candyco Transcription Service, Inc. (518) 371-8910 1545 1 electronic equipment that goes out of date -2 almost two days after you buy something, 3 there's a new one on the market. What are we 4 going to do with the old stuff? We call it 5 e-waste. That's a fancy term for garbage. 6 We've got to learn how to handle 7 what we generate and what we produce. We've 8 got to learn how to protect the species that 9 we, because of our ability to take, are taking 10 faster than they can reproduce and replenish 11 themselves. 12 There are several bills going to 13 come up during the year where we're going to 14 ask to preserve and limit the take on catch on 15 certain types of fish and other wildlife. We 16 need to do that to preserve and protect them 17 and make sure that they can maintain 18 themselves on this planet. We're just too 19 good at taking. We've got to learn how to put 20 back and leave alone. 21 We need to go into new directions 22 and new technologies to generate power. We've 23 got to get away from fossil fuel. We need a 24 strong energy policy not only in New York 25 State but in the United States of America. We

Candyco Transcription Service, Inc. (518) 371-8910 1546 1 need an energy policy. 2 I am calling upon all the young 3 people that I spoke to today and everyone in 4 this chamber and everyone you can reach: Go 5 out there, talk about this issue, talk about 6 our planet and make sure we keep it and 7 preserve it and protect it. It is the most 8 important thing we will be doing and that we 9 can do for our children, our grandchildren, 10 and future generations to follow. This is an 11 imperative. 12 Mr. President, I ask that this 13 resolution be opened to all members of the 14 chamber. Anyone wishing not to be on it, 15 please notify the desk. It is for everyone, 16 it should be for everyone. 17 And I thank you and urge everyone 18 to remember, not only one day a year but every 19 day of the year should be Earth Day. 20 Thank you, Mr. President. 21 ACTING PRESIDENT GRIFFO: Thank 22 you, Senator Marcellino. 23 Senator Skelos, shall we apply the 24 usual consideration? 25 SENATOR SKELOS: Yes. If anybody Candyco Transcription Service, Inc. (518) 371-8910 1547 1 wishes not to sponsor the resolution, they

2 should contact the desk. 3 ACTING PRESIDENT GRIFFO: Thank 4 you. 5 The question is on the resolution. 6 All in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT GRIFFO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT GRIFFO: The 12 resolution is adopted. 13 If you choose not to be on, please 14 notify the desk. 15 Senator Skelos. 16 SENATOR SKELOS: If we could go 17 to the noncontroversial reading of the 18 calendar. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 130, by Senator Farley, Senate Print 6751, an 23 act to amend the Civil Service Law and the 24 Public Authorities Law, in relation to civil 25 service status. Candyco Transcription Service, Inc. (518) 371-8910 1548 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately.

5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 723, by Senator Skelos, Senate Print 4055, an 13 act to amend the General Business Law, in 14 relation to authorizing collateral loans. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 30th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1549 1 739, by Senator Leibell, Senate Print 3643, an 2 act to amend the Executive Law, in relation to 3 powers and duties. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately.

8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 741, by Senator Leibell, Senate Print 3811, an 16 act to amend the Penal Law, in relation to 17 establishing -18 SENATOR SKELOS: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT GRIFFO: Lay it 21 aside for the day. 22 THE SECRETARY: Calendar Number 23 746, by Senator Maziarz, Senate Print 500, an 24 act to amend the Penal Law, in relation to the 25 crime of obstructing firefighting operations. Candyco Transcription Service, Inc. (518) 371-8910 1550 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 ACTING PRESIDENT GRIFFO: The

11 bill is passed. 12 THE SECRETARY: Calendar Number 13 747, by Senator Marcellino, Senate Print 610, 14 an act to amend the Penal Law, in relation to 15 establishing the crime of terrorism 16 recruitment. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57. Nays, Candyco Transcription Service, Inc. (518) 371-8910 1551 1 2. Senators Hassell-Thompson and Montgomery 2 recorded in the negative. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 748, by Senator Skelos, Senate Print 640, an 7 act to amend the Penal Law, in relation to 8 possession of disguised knives. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of 13 November.

14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 748 are 19 Senators Duane, Hassell-Thompson, Montgomery, 20 Perkins, Schneiderman and Serrano. 21 Ayes, 53. Nays, 6. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 749, by Senator Padavan, Senate Print 1600, an Candyco Transcription Service, Inc. (518) 371-8910 1552 1 act to amend the Criminal Procedure Law and 2 the Penal Law, in relation to aggravated crime 3 conduct. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT GRIFFO: 12 Announce the results. 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 749 are 15 Senators Adams, Dilan, Duane, 16 Hassell-Thompson, Huntley, L. Krueger,

17 Montgomery, Perkins and Schneiderman. Also 18 Senator Gonzalez. 19 Ayes, 50. Nays, 10. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 750, by Senator Winner, Senate Print 2123, an 24 act to amend the Penal Law, in relation to the 25 imposition of driver's license suspensions. Candyco Transcription Service, Inc. (518) 371-8910 1553 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT GRIFFO: 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 750 are 13 Senators Adams, Connor, Diaz, Dilan, Duane, 14 Gonzalez, Hassell-Thompson, Huntley, 15 L. Krueger, Montgomery, Perkins, and 16 Schneiderman. 17 Ayes, 48. Nays, 12. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed.

20 THE SECRETARY: Calendar Number 21 751, by Senator Libous, Senate Print 2146, an 22 act to amend the Penal Law, in relation to 23 provision of large quantities. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 1554 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 752, substituted earlier today by Member of 12 the Assembly Paulin, Assembly Print Number 13 614, an act to amend the Penal Law, in 14 relation to criminal mischief. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60.

23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1555 1 754, by Senator Flanagan, Senate Print 3329, 2 an act to amend the Penal Law, in relation to 3 payment of restitution. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 756, by Senator Volker, Senate Print 3566, an 17 act to amend the Criminal Procedure Law, in 18 relation to waiver of pre-sentence 19 investigations. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 30th day. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

Candyco Transcription Service, Inc. (518) 371-8910 1556 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. Nays, 3 1. Senator Perkins recorded in the negative. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 757, substituted earlier today by Member of 8 the Assembly Paulin, Assembly Print Number 9 5513C, an act to amend the Penal Law, in 10 relation to changing the threshold of age. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. Nays, 20 1. Senator Montgomery recorded in the 21 negative. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 759, by Senator Libous, Senate Print 4096, an Candyco Transcription Service, Inc. (518) 371-8910 1557 1 act to amend the Penal Law, in relation to

2 increasing penalties. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 760, by Senator Golden, Senate Print 4270, an 16 act to amend the Penal Law, in relation to 17 intentional damage. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT GRIFFO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT GRIFFO: Candyco Transcription Service, Inc. (518) 371-8910 1558 1 Announce the results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 760 are 4 Senators Duane, Hassell-Thompson, Huntley,

5 Montgomery and Perkins. 6 Ayes, 55. Nays, 5. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 761, by Senator Nozzolio, Senate Print 4330, 11 an act to amend the Penal Law, in relation to 12 expanding the definition. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT GRIFFO: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT GRIFFO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 765, by Senator Volker, Senate Print 5452, an 25 act to amend the Criminal Procedure Law, in Candyco Transcription Service, Inc. (518) 371-8910 1559 1 relation to notifying certain crime victims. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll.

8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 766, by Senator Lanza, Senate Print 5551, an 14 act to amend the Penal Law, in relation to 15 arson in the first degree. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 30th day. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 1560 1 Senator Skelos, that completes the 2 noncontroversial reading of the calendar. 3 SENATOR SKELOS: Thank you, 4 Mr. President. 5 If you would please recognize 6 Senator Dilan. 7 ACTING PRESIDENT GRIFFO: May we 8 have some order in the house, please. 9 Senator Dilan. 10 SENATOR DILAN: Mr. President,

11 there will be an immediate meeting of the 12 Minority conference in the Minority Conference 13 Room. 14 ACTING PRESIDENT GRIFFO: There 15 will be an immediate meeting of the Minority 16 conference in the Minority Conference Room. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 I'm informed that the conference will last 20 15 minutes. So there will be a Rules 21 Committee meeting at five to 4:00 in the 22 Majority Conference Room. 23 ACTING PRESIDENT GRIFFO: At 3:55 24 there will be a meeting of the Rules Committee 25 in the Majority Conference Room. Candyco Transcription Service, Inc. (518) 371-8910 1561 1 The Senate will stand at ease. 2 (Whereupon, the Senate stood at 3 ease at 3:39 p.m.) 4 (Whereupon, the Senate reconvened 5 at 4:05 p.m.) 6 ACTING PRESIDENT GRIFFO: The 7 Senate will come to order. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 if we could return to reports of standing 11 committees for the report of the Rules 12 Committee. 13 ACTING PRESIDENT GRIFFO: May we

14 have order in the chamber, please. 15 We will return to the reports of 16 standing committees. 17 The Secretary will read. 18 THE SECRETARY: Senator Bruno, 19 from the Committee on Rules, reports the 20 following bills: 21 Senate Print 6793, by Senator 22 Oppenheimer, an act to amend the Tax Law; 23 And Senate Print 7038, by Senator 24 Flanagan, an act to amend Chapter 266 of the 25 Laws of 1986. Candyco Transcription Service, Inc. (518) 371-8910 1562 1 Both bills ordered direct to third 2 reading. 3 ACTING PRESIDENT GRIFFO: Senator 4 Skelos. 5 SENATOR SKELOS: Move to accept 6 the report of the Rules Committee. 7 ACTING PRESIDENT GRIFFO: All in 8 favor of accepting the report of the Rules 9 Committee signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT GRIFFO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT GRIFFO: The 15 report is accepted. 16 Senator Skelos.

17 SENATOR SKELOS: If we could take 18 up Calendar Number 868, by Senator Flanagan. 19 ACTING PRESIDENT GRIFFO: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 868, by Senator Flanagan, Senate Print 7038, 23 an act to amend Chapter 266 of the Laws of 24 1986, amending the Civil Practice Law and 25 Rules. Candyco Transcription Service, Inc. (518) 371-8910 1563 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 SENATOR DUANE: Lay it aside, 4 please. 5 ACTING PRESIDENT GRIFFO: Lay it 6 aside. 7 There is a substitution at the 8 desk. The Secretary will read. 9 THE SECRETARY: In relation to 10 Calendar Number 867, Senator Oppenheimer moves 11 to discharge, from the Committee on 12 Investigations and Government Operations, 13 Assembly Bill Number 9679 and substitute it 14 for the identical Senate Bill Number 6793, 15 Third Reading Calendar 867. 16 ACTING PRESIDENT GRIFFO: 17 Substitution so ordered. 18 SENATOR SKELOS: Mr. President, 19 please lay that bill aside.

20 ACTING PRESIDENT GRIFFO: And the 21 bill is laid aside. 22 SENATOR SKELOS: Mr. President, 23 if we could take up Calendar Number 868, 24 controversial. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 1564 1 Secretary will ring the bell. 2 The Secretary will read Calendar 3 Number 868. 4 THE SECRETARY: Calendar Number 5 868, by Senator Flanagan, Senate Print 7038, 6 an act to amend Chapter 266 of the Laws of 7 1986, amending the Civil Practice Law and 8 Rules and others. 9 SENATOR PARKER: Explanation. 10 ACTING PRESIDENT GRIFFO: Senator 11 Flanagan, an explanation has been requested. 12 SENATOR FLANAGAN: Thank you, 13 Mr. President. 14 This bill is actually fairly 15 straightforward. I just want to make sure I'm 16 getting the name right. It extends the excess 17 medical malpractice liability insurance 18 program for three years, through 2011. 19 And it provides what I think most 20 people would agree is the first real 21 opportunity for a reduction in malpractice 22 premiums across the state, roughly between 6

23 and 8 percent, a real reduction to practicing 24 physicians in New York State. 25 ACTING PRESIDENT GRIFFO: Thank Candyco Transcription Service, Inc. (518) 371-8910 1565 1 you, Senator Flanagan. 2 Is there any other Senator wishing 3 to be heard? 4 Then the debate is closed. 5 The Secretary will ring the bell. 6 The Secretary will read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT GRIFFO: Senator 14 DeFrancisco, to explain his vote. 15 SENATOR DeFRANCISCO: Earlier 16 this year Superintendent Dinallo of the 17 Insurance Department appointed a commission to 18 study the issue of malpractice insurance and 19 medical malpractice in general. That report 20 has not been issued as yet, and it was a 21 comprehensive study that involved all 22 stakeholders, not only people of the medical 23 profession, the insurance industry, as well as 24 those who represent the consumers of medical 25 services.

Candyco Transcription Service, Inc. (518) 371-8910 1566 1 And this was one of the proposals 2 that was suggested. But there were many, many 3 other proposals made by all the -4 ACTING PRESIDENT GRIFFO: Senator 5 DeFrancisco, excuse me. 6 Can we have order, please, so we 7 can hear the speaker. 8 Thank you, Senator DeFrancisco. 9 SENATOR DeFRANCISCO: So there 10 were many other proposals that could cut down 11 the cost of medical malpractice insurance 12 other than simply changing the amount of 13 coverage that you would need -- real, 14 substantive changes that would not hurt the 15 consumer as well. 16 So I'm going to vote aye on this 17 bill as a partial measure but would hope that 18 the commission report would come out and we'd 19 do a more comprehensive study that would cut 20 the cost of litigation not just by 21 artificially changing the amount of money that 22 the policies would cost a doctor, but also 23 taking into account many cost-saving measures 24 that people who protect consumers have 25 suggested that would cut the cost of Candyco Transcription Service, Inc. (518) 371-8910 1567 1 litigation, so that those who are injured can

2 get due recovery and doctors can get the 3 relief that they are arguing for. 4 So I'll vote yes for this, but I am 5 looking forward to some more balanced approach 6 that covers all sides of this issue so that a 7 more permanent, better solution can be 8 constructed. 9 Thank you, Mr. President. I vote 10 aye. 11 ACTING PRESIDENT GRIFFO: Senator 12 DeFrancisco to be recorded in the affirmative. 13 Senator Flanagan, to explain his 14 vote. 15 SENATOR FLANAGAN: Thank you, 16 Mr. President. Just briefly to explain my 17 vote. 18 I appreciate the cooperation of all 19 the members. And I want to join in the 20 remarks of Senator DeFrancisco, who I think 21 takes a very principled and reasoned approach 22 on these issues, even though we don't always 23 necessarily agree with each other. 24 I think this a first step in 25 something that needs a real serious look and a Candyco Transcription Service, Inc. (518) 371-8910 1568 1 tremendous amount of work. The task force was 2 put together, but the task force has not 3 finished its work. The task force was 4 supposed to do a report, but that report has

5 not been issued. 6 There were representations from the 7 prior administration that we would see 8 legislation in the form of a program bill, but 9 that didn't happen. Now we have 10 representations from the new administration, 11 and in deference to them, they probably 12 deserve a little bit of time. 13 But the whole idea was that we 14 would see a report. Now there may not be a 15 report. And now we're not sure we're going to 16 see a program bill. 17 And the reality is that it doesn't 18 really matter what part of the state you're 19 from, this is a public health crisis. I'll 20 just give you one or two examples. 21 On Long Island, the average OB-GYN 22 pays $183,000 in malpractice premiums. That's 23 over $15,000 a month net -- before you turn on 24 a light, before you buy a paperclip, before 25 you pay anyone in your office, and before you Candyco Transcription Service, Inc. (518) 371-8910 1569 1 deliver one iota of healthcare. 2 A neurosurgeon pays $300,000. 3 That's $6,000 a week, $24,000 a month. None 4 of us would want to be in that situation. 5 There's something drastically 6 wrong, and we -- the Legislature and the 7 Executive -- have failed to properly address

8 this issue. Now we're coming to the point 9 where at the end of June we can either start 10 dealing with this now in a serious and 11 reasoned way, or we can do it in crisis mode 12 at the end of June. 13 I'm not suggesting that this a 14 cure-all. But this is a piece of legislation 15 that gives everybody an opportunity to make a 16 real vote to actually reduce -- not increase, 17 but reduce -- malpractice premiums across the 18 State of New York. 19 So frankly I think anybody who 20 votes against this is sending a clear message 21 to their doctors that you're not listening or 22 you're not getting it. And the public. This 23 has to do about access to healthcare and 24 access to quality healthcare and affordable 25 healthcare. Candyco Transcription Service, Inc. (518) 371-8910 1570 1 Now, do we have to talk about 2 reimbursement and other aspects of the system? 3 You bet we do. But if we don't start 4 somewhere and start here and start now, we are 5 absolutely missing the boat. We owe this to 6 our folks in the medical profession, but 7 frankly we owe it more to our constituents, 8 who are going to be looking for that quality 9 healthcare. 10 ACTING PRESIDENT GRIFFO: Senator

11 Flanagan to be recorded in the affirmative. 12 Senator Winner, to explain his 13 vote. 14 SENATOR WINNER: I rise in 15 support of this measure and vote 16 enthusiastically for it. 17 I'm frankly astonished that anyone 18 from -- in particular, from any upstate area 19 would ever vote for this bill. This is a bill 20 to provide relief to our physician community 21 that is in desperate straits, particularly in 22 the upstate areas where there are shortages of 23 physicians, there are shortages of 24 specialists. 25 And during the debate on the Candyco Transcription Service, Inc. (518) 371-8910 1571 1 budget, it seemed to be that this was a 2 measure that was moving forward, there were 3 funds identified to pay for it through the 4 HCRA pools and, therefore, this was going to 5 provide the type of relief that the physician 6 community was certainly looking for. 7 So, you know, frankly I think 8 anybody that would vote against this is really 9 making not only a dumb vote on the policy but, 10 really, certainly a pretty dumb vote 11 politically, because there can be really no 12 explanation. 13 There's nobody against this bill.

14 The bill can be paid for, again, through the 15 HCRA pools. It provides immediate relief. 16 And for those of you who supported the program 17 of Doctors Across New York to provide for 18 scholarship relief, it's not going to help a 19 whole lot to provide for scholarship relief if 20 we don't have any doctors, and particularly in 21 our upstate regions. 22 So I would suggest that anyone from 23 the upstate regions who are facing any kind of 24 physician shortages that would vote against 25 this bill that does not hurt anyone but only Candyco Transcription Service, Inc. (518) 371-8910 1572 1 helps the physician community that is 2 admittedly in dire straits due to this 3 malpractice crisis, I just find that to be an 4 absolutely unsupportable position. 5 So I enthusiastically vote yes. 6 ACTING PRESIDENT GRIFFO: Senator 7 Winner to be recorded in the affirmative. 8 Senator Hannon, to explain his 9 vote. 10 SENATOR HANNON: Thank you, 11 Mr. President. 12 This is a very important measure. 13 The malpractice problems, which are almost on 14 the point of a crisis, have two parts to it. 15 They originate, obviously, with what's taking 16 place in medical care. But we had hoped we

17 would have addressed it during the budget, 18 because it's both hospitals and individual 19 physicians that need to be addressed, need to 20 have different approaches taken. 21 This is the approach that will say 22 to the individual physician: We want you to 23 continue to practice. 24 I come from Long Island. The 25 numbers on Long Island in regard to costs for Candyco Transcription Service, Inc. (518) 371-8910 1573 1 medical malpractice are incredible. It's five 2 times the cost to be an obstetrician in Nassau 3 County than it is to be in Monroe County. We 4 have the same standard of care, we have the 5 same quality of physicians. Five times the 6 cost. 7 We're finding that physicians are 8 quietly but surely leaving the practice of 9 obstetrics. They're moving, they'll just do 10 gynecological practice, they're leaving 11 obstetrics to somebody associated with the 12 hospital. 13 What's going to happen in the 14 future I don't know. It's been continually 15 reported -- I've been to a huge meeting with 16 Superintendent Dinallo before the Nassau 17 County Medical Society. There was an 18 incredible amount of quiet anger present in 19 that room. There were people who actually

20 stomped out of that room saying: "Look, you 21 haven't given us a sure-fire solution. We're 22 still going to be facing the problems next 23 year that we're facing today. I'm leaving the 24 state." 25 Superintendent Dinallo has done a Candyco Transcription Service, Inc. (518) 371-8910 1574 1 very good job at trying to marshall all of the 2 different forces that are involved in this. 3 There are no people at fault, but we do have a 4 system that's not working. And we do not have 5 the same momentum behind this malpractice task 6 force that we had just two months ago. 7 So what we are trying to do here is 8 address the part of the malpractice problem 9 that's related to the delivery of services to 10 the individuals by the physicians. There's 11 much more to be done, that's obvious. But 12 this is a concrete solution. 13 Senator Winner has pointed out the 14 funding is there, it's existent, so we can 15 pass this bill without someone saying where 16 are you going to get the money. 17 I think that it is a very solid 18 bill to pass. I can't see why anybody would 19 oppose it. And I think I would just sit down 20 by saying I'll vote yes, Mr. President. 21 ACTING PRESIDENT GRIFFO: Senator 22 Hannon to be recorded in the affirmative.

23 Senator LaValle, to explain his 24 vote. 25 SENATOR LaVALLE: Thank you, Candyco Transcription Service, Inc. (518) 371-8910 1575 1 Mr. President. 2 Senator Hannon, Senator Winner, 3 Senator Flanagan, I think their remarks were 4 very much on target. 5 But I want to say I live in a 6 physician community. A lot of docs live in 7 Port Jefferson, Belle Terre and the 8 surrounding area. So wherever I go, I hear 9 about this issue and whether physicians at 10 many different levels can continue to practice 11 in this state. 12 The one thing that I want people to 13 remember from my remarks here is that many 14 times we get so involved here in Albany with 15 insider baseball, whether we want a bill to 16 be -- language to be included in the budget or 17 a freestanding bill, whether we want to do it 18 in April or we want to do it in May or June. 19 Doctors have are very much involved 20 with their patients. They're not involved in 21 all of this insider baseball. They want to be 22 able to practice with a free mind and be able 23 to deliver services to our constituents. 24 So it is -- as someone said, 25 Senator Winner, people voting no on this bill,

Candyco Transcription Service, Inc. (518) 371-8910 1576 1 I can't possibly understand that, because 2 people want certainty in their lives. They 3 want to be able to count on something. And 4 this continues uncertainty in people's minds. 5 So I vote for certainty. I vote 6 for my constituents who want access to 7 affordable care and for the physicians to be 8 able to give that care and understand that 9 there's some stability in their lives. 10 I vote yes, Mr. President. 11 ACTING PRESIDENT GRIFFO: Senator 12 LaValle to be recorded in the affirmative. 13 Senator Klein, to explain his vote. 14 SENATOR KLEIN: Thank you, 15 Mr. President. 16 I vote no on this legislation, and 17 I think have a pretty good reason. 18 This is doing absolutely nothing to 19 really benefit those doctors who pay an awful 20 lot of medical malpractice insurance because 21 of the specialty in which they practice and in 22 the locality where they practice. This is a 23 broad stroke where everyone is going to be 24 benefiting whether or not they have a 25 high-yield or a high-need practice. Candyco Transcription Service, Inc. (518) 371-8910 1577 1 One of the things I say time and

2 time again is we don't have a medical 3 malpractice crisis. We do have a problem if 4 you're a doctor practicing in a specific 5 specialty in a specific locality. Well, what 6 do I mean by that? If you do obstetrics, if 7 you do neurosurgery, if you do orthopedic 8 surgery and you happen to practice downstate, 9 yeah, you pay an awful lot of money in medical 10 malpractice insurance. 11 But under this legislation, we're 12 not only benefiting those high-need or 13 high-risk doctors, we're also benefiting those 14 who have no risk. 15 I have some statistics in front of 16 me which I'd like to go over. As I said 17 earlier, Suffolk County, if you practice 18 obstetrics, you're paying, on average, 19 $177,000 a year. That's an awful lot of 20 money. That person deserves to be helped. 21 However, if you're also a dermatologist in 22 Suffolk County, you're only paying about 23 $8,000 a year. That should be considered a 24 cost of doing business. 25 One of the things that I've Candyco Transcription Service, Inc. (518) 371-8910 1578 1 proposed for a couple of years now is I think 2 the way to go about this, it would be a tax 3 credit. If you pay more than 25 percent of 4 your total income in medical malpractice

5 insurance, then you should be involved in some 6 type of sliding scale where you would benefit 7 and get up to $25,000 to alleviate the high 8 cost of medical malpractice insurance. That's 9 the way to do it, by surgically -- and excuse 10 the pun -- helping those people who really 11 need help. 12 The other reason why I oppose this 13 legislation is that we're drawing from a pool, 14 the high-risk pool, which I think most of us 15 know here has absolutely no money. It's 16 $700 million in the hole. It was raided by 17 previous administrations. And there's 18 certainly no money to actually be able to help 19 these doctors under this plan. 20 One of the things that I think we 21 need to do if we're really going to get 22 serious about helping doctors who have very 23 high medical malpractice insurance, and I 24 think really benefiting the entire medical 25 industry, is to have a very comprehensive Candyco Transcription Service, Inc. (518) 371-8910 1579 1 approach. Which means punishing those bad 2 doctors who time and time again commit the 3 same medical malpractice over and over again. 4 The stats that are out there. You 5 have 8 percent of the doctors are committing 6 the same medical malpractice over and over 7 again. Why should we actually hurt the other

8 doctors who go through a whole career without 9 having a medical malpractice verdict against 10 them? 11 So I think we certainly need to do 12 something, but I think it has to be a 13 comprehensive approach, not just a very broad 14 stroke to hand doctors money whether or not 15 they're guilty of malpractice and whether or 16 not they did the right thing to reduce medical 17 malpractice premiums. 18 So I vote no, Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Klein to be recorded in the negative. 21 Senator Schneiderman, to explain 22 his vote. 23 SENATOR SCHNEIDERMAN: Thank you, 24 Mr. President. I also am voting against this 25 measure. Candyco Transcription Service, Inc. (518) 371-8910 1580 1 This proposal, which essentially 2 just requires -- it reduces the amount of 3 malpractice insurance that doctors have to 4 cover and substitutes in its place public 5 funds, taken supposedly from HCRA, which 6 doesn't have the money and needs the money. 7 So this is essentially just a blanket subsidy 8 for every doctor in the state. 9 As Senator Klein has pointed out, 10 it doesn't distinguish by specialty. It

11 doesn't distinguish by region. So it's a 12 blanket subsidy. 13 I think even more offensive to me, 14 frankly, is the fact that it doesn't 15 distinguish good doctors from bad doctors. 16 This was rejected in the budget negotiations 17 because it is really not a good solution of 18 any kind to the malpractice problem. The 19 problem with malpractice in this state 20 primarily is that 4 percent of the doctors are 21 responsible for 50 percent of the malpractice 22 payouts. We do not regulate bad doctors. 23 And what is really offensive about 24 this proposal is that this provides subsidies 25 to even the doctors who are so bad they can't Candyco Transcription Service, Inc. (518) 371-8910 1581 1 buy insurance in the open market, that they're 2 forced to get insurance from the New York 3 State Medical Malpractice Insurance Program. 4 That is a high-risk pool of doctors. 5 This provides a subsidy, takes 6 state dollars to subsidize the practice of 7 Dr. Harvey Finkelstein and every other bad 8 doctor out there. This is a part of the 9 problem, not a part of the solution. It is 10 absolutely clear that the Office of 11 Professional Medical Conduct has not been 12 doing its job. We are not disciplining the 13 bad doctors.

14 And you know what you're doing? 15 You force every good doctor in this state, the 16 overwhelming majority of doctors in this state 17 who are decent and hardworking and provide the 18 best healthcare in the world, to subsidize the 19 bad doctors, because every licensed carrier of 20 medical malpractice insurance is required to 21 carry a certain portion of the MMIP doctors, 22 the high-risk-pool doctors. How are these bad 23 docs subsidized? By the premiums of the good 24 doctors. 25 You are hurting good doctors with Candyco Transcription Service, Inc. (518) 371-8910 1582 1 this bill. You are not distinguishing between 2 good and bad doctors. You want to vote for 3 this bill? Fine. Let's call it Harvey's Law 4 and name it after Harvey Finkelstein, because 5 I know you guys like to name laws after 6 people. 7 This bill to subsidize every doctor 8 no matter how bad they are, regardless of 9 their medical situation, their specialty or 10 their region, is a bad solution to the 11 problem. It will never pass the Assembly. 12 And if we had integrity, it would never pass 13 this house. 14 I vote no. 15 ACTING PRESIDENT GRIFFO: Senator 16 Schneiderman to be recorded in the negative.

17 Senator Breslin, to explain his 18 vote. 19 SENATOR BRESLIN: Thank you, 20 Mr. President. 21 I couldn't agree more with both 22 Senator Schneiderman, Senator Klein. This is 23 a bad bill. 24 When we took this up during the 25 budget process, it was rejected. It was Candyco Transcription Service, Inc. (518) 371-8910 1583 1 rejected because there wasn't a thorough 2 analysis at the same time that a commission is 3 operating, as Senator Hannon pointed out. 4 It's estimated that this will cost 5 $65 million. What does that do? It allows, 6 as Senator Schneiderman has pointed out, to 7 let doctors who haven't been policed, haven't 8 been disciplined, to continue to practice 9 medicine in this state. Four percent of the 10 doctors in this state take 50 percent of the 11 dollars. That's wrong. 12 And we also have to analyze the 13 professions. As Senator Klein pointed out, 14 you can't put dermatology as the same as 15 neonatal care, brain care, or other 16 specialized areas of medicine. 17 It's not a very well thought out 18 bill. It's a bill that needs a comprehensive 19 review by both houses. We all know that this

20 is a one-house bill. We all know that it's 21 not going anyplace beyond here. So let's look 22 at the commission report from Superintendent 23 Dinallo. Let's do it on a bipartisan basis, 24 to make sure that good doctors have 25 malpractice insurance at a reasonable rate, Candyco Transcription Service, Inc. (518) 371-8910 1584 1 that bad doctors are weeded out, and that the 2 process comes together as a whole to provide 3 better medicine in this state at a lower cost. 4 I vote no. 5 ACTING PRESIDENT GRIFFO: Senator 6 Breslin to be recorded in the negative. 7 Senator Young, to explain her vote. 8 SENATOR YOUNG: Thank you, 9 Mr. President. 10 I've listened intently to the 11 arguments from the other side of the aisle as 12 far as why they think this is a bad bill. I 13 will say to you I think this is a great bill, 14 and I wholeheartedly support it. 15 I come from a part of the state 16 that suffers from a severe physician crisis. 17 And yes, we have to help the doctors in the 18 specialties. I agree with that. But we also 19 have to help primary care physicians. 20 And when you say that we shouldn't 21 help, for example, primary care physicians, 22 that's wrong. I have primary care physicians

23 that have caseloads of 5,000 to 10,000 people 24 that they have to take care of because we do 25 not have enough doctors. We don't have enough Candyco Transcription Service, Inc. (518) 371-8910 1585 1 obstetricians, we don't have enough of the 2 specialties. 3 And for the characterization to say 4 that this only addresses a problem and it's 5 not a crisis, that's wrong. And I think 6 that's out of touch with the needs of this 7 state and especially upstate. 8 If we don't take some kind of 9 action and we don't do something now, we will 10 end up driving, I believe, every single doctor 11 out of the state. And that's why passing this 12 bill, making a statement, standing up for 13 accessible, affordable healthcare is the way 14 to go. 15 And so I would urge all of my 16 colleagues to vote yes. 17 ACTING PRESIDENT GRIFFO: Senator 18 Young to be recorded in the affirmative. 19 Senator Krueger, to explain her 20 vote. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. 23 I also rise to explain my vote and 24 why I'm voting no on this bill. We need an 25 institutional and systemic resolution to a

Candyco Transcription Service, Inc. (518) 371-8910 1586 1 number of the issues that were raised today. 2 In respect to my colleagues from 3 upstate who have highlighted the shortage of 4 doctors, I've gone to hearings where I heard 5 the Health Commissioner and the Insurance 6 Commissioner explain that the medical 7 malpractice costs in upstate New York are 8 one-fifth of what they are in my district. 9 It's not medical malpractice costs 10 that are causing a doctor shortage in New York 11 State, it is other problems. And in fact, the 12 Doctors Across New York program that we did 13 support in the budget was one step in the 14 right direction. 15 But this bill will not do anything 16 to resolve the upstate doctor shortage 17 problem. So we need to make sure that our 18 bills match our problems. 19 And I am waiting for the 20 recommendations of the task force to come up 21 with a holistic approach to what we do about 22 medical malpractice, because I share my 23 colleagues' concerns. It's not one problem 24 statewide, there are different issues in 25 different specialties. This attempts to be a Candyco Transcription Service, Inc. (518) 371-8910 1587 1 one-size-fits-all bill. I feel it's a one-

2 size-fits-none bill. 3 I also note that there is no 4 explanation in the bill of the fiscal impact 5 or how we're going to pay for it. The answer 6 appears to be we're going to pay for it out of 7 the HCRA funds. But for the record, we didn't 8 move it through the budget through the HCRA 9 funds. 10 I personally am concerned that too 11 much of the HCRA funds actually are dependent 12 on an expectation of a $5 billion sale of 13 GHI-HIP that is not clear in today's market 14 will ever come through. So I would argue we 15 actually already have a problem in actually 16 having adequate HCRA funds. I believe it is 17 one of the reasons why this didn't get 18 included in the budget. 19 It's one size doesn't fit all. We 20 don't have the money. It doesn't address the 21 problems we need to address. And I'm hoping 22 that very soon we will come back together with 23 answers from the task force that has been 24 created to address this issue. 25 And so, today, not the right bill, Candyco Transcription Service, Inc. (518) 371-8910 1588 1 won't give us the answers we're looking for, 2 won't give the doctors the answers they're 3 looking for. And so I vote no. 4 Thank you, Mr. President.

5 ACTING PRESIDENT GRIFFO: Senator 6 Liz Krueger to be recorded in the negative. 7 Senator Marcellino, to explain his 8 vote. 9 SENATOR MARCELLINO: Thank you, 10 Mr. President. 11 I want to congratulate Senator 12 Flanagan for taking on this issue. It's not 13 easy. It's complicated. If it was easy, it 14 would have been done already a long time ago. 15 Senator Flanagan has courage, brought it out. 16 This is the first step in a 17 process. If I heard him correctly when he 18 explained his vote, he understands this is the 19 first step. We've got to get the process 20 moving. Sitting back, waiting for it to 21 happen hasn't worked. It just hasn't worked. 22 There have been no serious negotiations at any 23 level on this problem. 24 Doctors are leaving certain 25 specialty professions, they're leaving certain Candyco Transcription Service, Inc. (518) 371-8910 1589 1 parts of the state, they're leaving the state 2 as a whole. We're losing. We're losing. 3 We're going to wake up one day and not going 4 to find any obstetricians out there. We're 5 not going to find any doctors willing to do 6 neurosurgery, the high-risk specialties. 7 We've got to start a process, get the

8 negotiations moving, and deal with this. 9 I keep hearing this from the other 10 side: Oh, it's only a one-house bill, 11 therefore we should vote against it. Well, 12 gee whiz, every bill that has ever passed this 13 chamber and become law was a one-house bill to 14 begin with. I don't know of too many bills 15 that were done before we started. 16 Nothing moves the process of 17 negotiation like a bill on the floor. Senator 18 Flanagan is to be congratulated for putting 19 this bill out front, getting negotiations 20 started, and making the process move forward. 21 The process will go now better than before 22 because you've got something to work from, as 23 opposed to nothing but talk. And that's what 24 we're getting from some people in this 25 chamber. Candyco Transcription Service, Inc. (518) 371-8910 1590 1 Mr. President, I vote aye. 2 ACTING PRESIDENT GRIFFO: Senator 3 Marcellino to be recorded in the affirmative. 4 Senator Seward, to explain his 5 vote. 6 SENATOR SEWARD: Thank you, 7 Mr. President. 8 I rise in support of this 9 legislation. I do so for a number of reasons. 10 Even though there are members that

11 disagree on this particular piece of 12 legislation, I think all of us can agree that 13 we do have a medical malpractice problem, and 14 some would say even crisis, in this state. 15 The high costs are driving physicians out of 16 New York State, and that is hurting those 17 citizens of this state that require medical 18 care. 19 Now, there's a lot of talk about 20 the task force that the Superintendent of 21 Insurance has been heading up in terms of 22 dealing with the medical malpractice issue. 23 Now, as chair of the Insurance Committee, I've 24 been involved in that task force. I know 25 Senator DeFrancisco from Judiciary, Senator Candyco Transcription Service, Inc. (518) 371-8910 1591 1 Hannon from Health. There have been 2 stakeholders involved on all sides of this 3 issue on many, many meetings last year. 4 And we have been expecting, from 5 the department, a departmental bill. We 6 expected it at the end of the year. We 7 expected it at the end of January, at the end 8 of February, at the end of March. And here we 9 are in April, and we have yet to see a product 10 from the administration on this issue. 11 Meantime, Senator Flanagan has 12 developed a partial answer. No one is saying 13 it's the total answer. He has provided us

14 with a piece of legislation that provides some 15 relief to the medical community, some relief 16 to those in this state that require medical 17 care. It is a step in the right direction. 18 And no one disagrees that the money 19 is in HCRA to pay for this, as we do with the 20 previous coverage for our doctors. This just 21 expands a bit what the state, through HCRA, 22 will be picking up. 23 Now, some would say this isn't an 24 upstate problem. Well, I am from upstate, and 25 I say it is an upstate problem. We feel it Candyco Transcription Service, Inc. (518) 371-8910 1592 1 first. Because, Senator Krueger and others, 2 the income of doctors upstate is not that of, 3 shall we say, a Park Avenue practice. That 4 even though the medical malpractice premiums 5 may be less upstate in many cases, also the 6 income and the revenue to support the medical 7 malpractice costs is also less. 8 So on a percentage basis, the 9 problem is the same. And we feel it greater 10 upstate because the income coming in to pay 11 for those med-mal premiums is less. 12 So, Mr. President, I vote in favor 13 of this bill. We still await the report from 14 the Insurance Department. We hope we get it. 15 But if we don't, I know that Senator 16 Flanagan's bill will provide some immediate

17 relief to the medical community. That's why 18 the Medical Society has filed a memorandum in 19 support of this legislation. I think they 20 know best what is in the best interests of the 21 physician community of New York State. They 22 support this bill, as do I. 23 I vote aye. 24 ACTING PRESIDENT GRIFFO: Senator 25 Seward to be recorded in the affirmative. Candyco Transcription Service, Inc. (518) 371-8910 1593 1 Senator Rath, to explain her vote. 2 SENATOR RATH: Thank you, 3 Mr. President. I rise with my colleagues who 4 are supporting the measure. 5 I would like to point out that 6 yesterday a report came from Dr. John W. Rowe, 7 a professor of health policy, Columbia 8 University. He headed a committee for the 9 Institute of Medicine, which is an arm of the 10 National Academy of Sciences. The report 11 pointed out clearly that we need to be 12 concerned about the crisis in healthcare. The 13 crisis, much of which has been pointed out, 14 clearly stemming from lack of physicians and 15 hopefully not having lack of physicians in the 16 future. 17 And Senator Flanagan's bill gives 18 us an opportunity to say to the medical 19 community that we are going to support you, we

20 know your circumstances, and we know you need 21 help. 22 But the most telling point in the 23 report was that 78 million baby boomers are 24 about to turn 65. If there isn't anything 25 else that would frighten us into knowing that Candyco Transcription Service, Inc. (518) 371-8910 1594 1 we need to support the health system, I think 2 that number in itself says to us we have got a 3 problem facing New York State. We know how 4 much the aging population needs support from 5 the medical professionals. We know how 6 important it is for the medical professionals 7 to be there for them so that they can avoid 8 serious problems and hopefully have some 9 preventive measures in place. 10 If the doctors aren't there, the 11 older folks are just going to ignore the 12 problems, and it's going to become even a more 13 serious problem than we're facing now. 14 Seventy-eight million baby boomers about to 15 start turning 65. 16 I vote aye. 17 ACTING PRESIDENT GRIFFO: Senator 18 Rath to be recorded in the affirmative. 19 Senator Parker, to explain his 20 vote. 21 SENATOR PARKER: Mr. President, 22 briefly to explain my vote.

23 First let me thank Senator Flanagan 24 for bringing this up. I think certainly this 25 is an issue that we ought to take up and Candyco Transcription Service, Inc. (518) 371-8910 1595 1 continue to fight for. And I know that he has 2 been working hard on this issue, and I'm 3 looking forward to us continuing to work hard 4 to resolve this issue. 5 I think this is the right issue; I 6 think this is the wrong approach. I think 7 that, you know, many of my colleagues have 8 gotten up and said we're eagerly awaiting the 9 report, eagerly awaiting the report from the 10 superintendent and the task force. And that's 11 great. But right now we're putting the cart 12 before the horse. 13 How can we in fact put forward a 14 recommendation without having seen the report, 15 without knowing what the report is? We don't 16 know where this recommendation is within the 17 context of the report. I haven't seen the 18 report; you said you haven't seen the report. 19 So how do we know whether this is in fact one 20 of the recommendations from the 21 superintendent? 22 And so I'm voting no because I'm 23 unclear, from my perspective -- now, if the 24 superintendent says something different, then 25 let's have that debate. But right now I'm

Candyco Transcription Service, Inc. (518) 371-8910 1596 1 clear that this is not the right thing. If 2 we're going to do the right thing, let's look 3 at reimbursement rates, which no one has 4 talked about. Let's look at the fact that, 5 you know, this is really an insurance problem 6 and not a malpractice problem. 7 I mean, the reality is that we also 8 have a responsibility here to protect our 9 constituents, who are oftentimes the victims 10 of malpractice, and their ability to recoup 11 loss when they have been injured. So that's 12 going to be also important. 13 The other thing is that we also 14 don't do a good job in this state of 15 regulating the industry such that good doctors 16 and bad doctors are not in fact paying, you 17 know, around the same rates. We ought to make 18 sure that we deal with that. 19 And, lastly, I think this bill is 20 bad because this then tells taxpayers, out of 21 the fund that we're paying it out of -- which 22 really there's no money in it. But if there 23 was money, that would be taxpayer money. So 24 why are we having taxpayers pay for the 25 malpractice suits of bad doctors? I'm not for Candyco Transcription Service, Inc. (518) 371-8910 1597 1 that. I don't know why my colleagues across

2 the aisle are for that. 3 So I'm voting no. 4 ACTING PRESIDENT GRIFFO: Senator 5 Parker to be recorded in the negative. 6 Senator Saland, to explain his 7 vote. 8 SENATOR SALAND: Thank you, 9 Mr. President. 10 Mr. President, I'd like to commend 11 Senator Flanagan for bringing this bill before 12 us. 13 I was in the Insurance Committee 14 earlier today, heard his explanation, which 15 was similar to the explanation that he gave 16 here on this floor. At no time did he in any 17 way, shape, or form propose this, as some have 18 alluded to, as a comprehensive approach. He 19 proposed it for what it is. It's an effort to 20 try and deal with a problem that is burgeoning 21 out of control, a problem which has brought 22 more doctors to Albany this year than I have 23 seen in any number of years, brought more 24 doctors to see me in my district than I have 25 seen in any number of years. Candyco Transcription Service, Inc. (518) 371-8910 1598 1 And the simple fact of the matter 2 is, I would have, had I not known better, been 3 led to believe by some of the comments from 4 the other side of the aisle that in fact the

5 Medical Society opposed this bill. We've 6 heard from a couple of members already, and 7 I'm aware, that in fact the Medical Society 8 supports the bill. 9 Should there be a more 10 comprehensive approach? Sure, that would be 11 absolutely wonderful. But really the missing 12 ingredient that has not been alluded to at any 13 time during the course of any of the comments 14 is that there won't be a comprehensive 15 approach until the very people who provided 16 you with some of the material that you used 17 for some of your comments, the trial bar, is 18 willing to acknowledge the existence of the 19 problem, not walk away from it, and try and 20 deal with it. 21 The medical malpractice system 22 should not be a lottery system. And doctors 23 should not be punished for bad results when in 24 fact they've proceeded and proceeded by the 25 book and done everything right. Candyco Transcription Service, Inc. (518) 371-8910 1599 1 So are there bad doctors? 2 Certainly there are bad doctors. Are there 3 doctors who are willing to take risks because 4 their profession requires them to do so and 5 take on challenging surgeries that many would 6 be unwilling to do? Yes. Are those doctors 7 part of the so-called malpractice problem

8 because they don't get perfect results and 9 they get sued? Yes. Notwithstanding the fact 10 that they may have proceeded with absolute 11 perfection. 12 Let me suggest to you too that 13 there are some demographic or cultural 14 differences that were certainly apparent to 15 me. Many of you who rose have the good 16 fortune of coming from the city, where there 17 is an abundance of physicians. Perhaps not in 18 all areas, some areas are underserved. But 19 you look at the raw data per capita, the city 20 has physicians in numbers far greater than 21 either the national or the state average. 22 And as you go away from the city, 23 you'll find still greater numbers in the inner 24 suburbs. As you go further beyond that 25 periphery, you suddenly find what has been Candyco Transcription Service, Inc. (518) 371-8910 1600 1 alluded to by several of my upstate 2 colleagues -- a significant shortage of 3 physicians. Not merely specialists, but 4 physicians. 5 Something which none of you or 6 those of you who rose could possibly 7 comprehend, because you never have a problem 8 finding a physician. You don't have the kinds 9 of -- you have choices. In many of these 10 communities, they have no choice. Or they

11 have to travel God only knows how many miles 12 to find a physician. So you come from a world 13 apart from the world that my colleagues were 14 alluding to. 15 So I would merely suggest to you 16 that as important as it is to deal with the 17 specialties, believe it or not, folks, it's 18 important to keep internists and general 19 practitioners upstate, because in many 20 instances they're it. And why in the world 21 would they want to continue to pay these kinds 22 of premiums? 23 I see a difference in the two 24 counties that I represent. My colleagues 25 further upstate in Central New York and out Candyco Transcription Service, Inc. (518) 371-8910 1601 1 west I'm sure see even more dramatic 2 differences. This bill would help those 3 doctors. 4 So let's not live in a makeup world 5 of comprehensive solutions when one of the 6 players doesn't want to be part of a 7 comprehensive solution. This is, as many have 8 mentioned, a good first step. It's not the 9 answer. But maybe we should just throw the 10 baby out with the bathwater simply because 11 it's not the perfect solution. 12 I vote aye. 13 ACTING PRESIDENT GRIFFO: Senator

14 Saland to be recorded in the affirmative. 15 The Secretary will announce the 16 results. 17 Senator Oppenheimer, why do you 18 rise? 19 SENATOR OPPENHEIMER: I'm voting 20 yes. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 868 are 23 Senators Adams, Aubertine, Breslin, Connor, 24 Dilan, Duane, Gonzalez, Hassell-Thompson, 25 Huntley, Klein, L. Krueger, Montgomery, Candyco Transcription Service, Inc. (518) 371-8910 1602 1 Onorato, Parker, Perkins, Sabini, Sampson, 2 Savino, Schneiderman, Serrano, Smith, 3 Stachowski, Stavisky, Stewart-Cousins, 4 Thompson and Valesky. 5 Absent from voting: Senator C. 6 Kruger. 7 Ayes, 35. Nays, 26. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 The Secretary will read Calendar 11 Number 867. 12 THE SECRETARY: Calendar Number 13 867, substituted earlier by Member of the 14 Assembly Bradley, Assembly Print Number 9679, 15 an act to amend the Tax Law. 16 ACTING PRESIDENT GRIFFO: There

17 is a local fiscal impact notice at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 1603 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Thank you, 4 Mr. President. Is there any further business 5 at the desk? 6 ACTING PRESIDENT GRIFFO: No, 7 Senator, there is no further business at the 8 desk. 9 SENATOR SKELOS: Please recognize 10 Senator Craig Johnson. 11 ACTING PRESIDENT GRIFFO: Thank 12 you, Senator Skelos. 13 In accordance with Rule 11, 14 Section 2(e), the chair recognizes and allots 15 10 minutes to Senator Craig Johnson. 16 SENATOR CRAIG JOHNSON: Thank you 17 very much, Mr. President. 18 I have a motion at the desk at this 19 time. I would like to have it called up at

20 this time, please. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will read. 23 THE SECRETARY: Senate Print 24 3936, by Senator C. Johnson, an act to amend 25 the Labor Law. Candyco Transcription Service, Inc. (518) 371-8910 1604 1 ACTING PRESIDENT GRIFFO: Senator 2 Johnson. 3 SENATOR CRAIG JOHNSON: Thank you 4 very much. 5 As I've said before and I say it 6 again, there is no excuse why, 40 years after 7 the Equal Pay Act, equal pay is not being paid 8 for equal work in New York State. According 9 to the U.S. Department of Labor, in a study 10 issued in September 2007, women earned 11 81 cents for every dollar earned by their male 12 counterparts in 2006. 13 Study after study after study after 14 study undeniably and unequivocally establishes 15 this point. In fact, since yesterday we have 16 located more studies that clearly demonstrate 17 that women and minorities are paid less for 18 equal work. All these studies clearly prove 19 that a gender and minority pay gap has become 20 a fixture throughout the workforce and is so 21 common that many view it as simply business as 22 usual.

23 This wage gap reflects a sex and 24 racial discrimination that pervades our 25 state's economy. One must truly wonder why we Candyco Transcription Service, Inc. (518) 371-8910 1605 1 need yet another study to outlaw paying 2 welcome and minorities unequal wages. 3 The losses to women, minorities, 4 and their families due to this wage gap are 5 large and can be devastating, not only 6 financial but emotional. It is unacceptable 7 in this state or anywhere else for pay 8 inequity to exist. 9 That is why I am proud to be the 10 sponsor of Senate Bill 3936, the Fair Pay Act. 11 Present law has not and does not adequately 12 address the issue of pay equity. And the need 13 for state enforcement of a prohibition on such 14 inequities is warranted right now. 15 I have no objection to another 16 study. But frankly, it is redundant and not 17 necessary to prove what we already know, that 18 pay inequity exists in our state. Just speak 19 to your constituents, members of this body, or 20 speak to the persons in the gallery or outside 21 on the street. They will tell you that pay 22 inequity is here and we need to eradicate it 23 now. 24 Under the Fair Pay Act, it will be 25 unlawful practice for an employer to

Candyco Transcription Service, Inc. (518) 371-8910 1606 1 discriminate between employees on the basis of 2 sex, race, and/or national origin by paying 3 employees at a rate less than the rate paid to 4 employees of the opposite sex or a different 5 race or national origin for work in equivalent 6 jobs. 7 The act also protects employees by 8 prohibiting an employer from taking adverse 9 action against an employee who seeks to 10 protect his or her rights under this law. 11 Critically, the act also requires 12 employers to establish records that document 13 wages paid to employees and to document and 14 support the methods, systems and calculations 15 used to establish and adjust wage rates. The 16 continuing pay disparity that exists in our 17 state is due chiefly to a lack of salary 18 information that employers are require to 19 keep. 20 This is a good bill. This is a 21 sound bill. It's a bill that has a same-as 22 bill in the Assembly sponsored by 23 Assemblywoman Susan John, a bill that has 24 passed the Assembly every year since 2002. 25 I am proud to see and to know that Candyco Transcription Service, Inc. (518) 371-8910 1607 1 my colleagues in the Senate Democratic

2 conference are here to support my legislation. 3 I wish more members of the Senate Republican 4 conference were here today to listen and to 5 perhaps maybe join us in supporting a motion 6 to petition this bill. I wish more Senators 7 were here than the two, four, six, eight, 10 8 members that have joined me in the conference. 9 And I thank you for at least participating and 10 sitting in. 11 Last week, during session, one 12 Republican Senator expressed a sentiment on 13 the floor that's when addressing an issue 14 involving a person's pay, he remarked that we 15 should have a "good debate in front of the TV 16 with families of these people and then find 17 out how families feel." I wholeheartedly 18 agree. We should have a debate on those 19 issues and the issue of pay equity. 20 We started to have one yesterday, 21 that the public in every conceivable medium 22 should have been able to witness. But 23 incredibly, the Senate Majority ordered a 24 local news reporter to shut off her video 25 camera while recording the debate I was having Candyco Transcription Service, Inc. (518) 371-8910 1608 1 with another Senator about pay equity. 2 I never thought I would see the day 3 in the Senate chamber or in the Capitol or in 4 this state when Senate Republicans would

5 trample upon the First Amendment. Clearly, I 6 was proven wrong. 7 So now is the opportunity for the 8 Senate Republicans to allow for this debate to 9 go forward, a real debate. So I ask you, join 10 the members of my conference, join the Senate 11 Democrats in taking care of the countless 12 female and minority employees who in this 13 state suffer daily from pay inequity. 14 To all my colleagues, I urge you to 15 vote in favor of my petition. Move my bill, 16 the Fair Pay Act, to the floor of this great 17 Senate and make pay equity in New York State a 18 reality. 19 I thank you, Mr. President. 20 ACTING PRESIDENT GRIFFO: All 21 those Senators in favor of the petition out of 22 committee please signify by raising your 23 hands. 24 Announce the results. 25 THE SECRETARY: Those recorded in Candyco Transcription Service, Inc. (518) 371-8910 1609 1 agreement are Senators Aubertine, Breslin, 2 Connor, Diaz, Duane, C. Johnson, Klein, 3 L. Krueger, Montgomery, Onorato, Oppenheimer, 4 Parker, Perkins, Sabini, Sampson, Savino, 5 Schneiderman, Serrano, Smith, Stachowski, 6 Stavisky, Stewart-Cousins, Thompson and 7 Valesky. Also Senator Dilan.

8 ACTING PRESIDENT GRIFFO: The 9 petition is not agreed to. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 there being no further business to come before 13 the Senate, I move we stand adjourned until 14 Wednesday, April 16th, at 11:00 a.m. 15 ACTING PRESIDENT GRIFFO: On 16 motion, the Senate stands adjourned until 17 Wednesday, April 16th, at 11:00 a.m. 18 (Whereupon, at 5:09 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910