Tuesday, May 10, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 10, 2005 11 3:10 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon to give the invocation is the 11 Reverend Stan Key, pastor of Loudonville 12 Community Church in Loudonville, New York. 13 REVEREND KEY: Let's pray 14 together. 15 Father, we don't pray to You simply 16 out of habit, we pray to You because we have 17 need of You. 18 We invite You to cleanse our hearts 19 so that our minds can be clear to think 20 thoughts that are pleasing to You, to make 21 decisions that will be pleasing to you. Help 22 us, as men and women, to act as those who will 23 one day give an account. 24 We thank You for those gathered 25 here, for their lives, for their families, for

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(518) 371-8910 1 their desire to be servants, remembering those 2 words of Jesus when he said, "The greatest 3 among you are those who serve." 4 Help us in these moments. We ask 5 it in Jesus' name. 6 Amen. 7 THE PRESIDENT: Reading of the 8 Journal. 9 THE SECRETARY: In Senate, 10 Monday, May 9, the Senate met pursuant to 11 adjournment. The Journal of Sunday, May 8, 12 was read and approved. On motion, Senate 13 adjourned. 14 THE PRESIDENT: Without 15 objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 The Secretary will read. 22 THE SECRETARY: Senator 23 DeFrancisco, from the Committee on Judiciary, 24 reports the following nominations. 25 As a judge of the Ulster County

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(518) 371-8910 1 Family Court, Steven Nussbaum, of New Paltz. 2 ACTING PRESIDENT MEIER: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: I rise to 5 move the nomination of Steven Nussbaum, of 6 New Paltz, as a judge of the Ulster County 7 Family Court. 8 We had a Judiciary Committee 9 meeting earlier today where soon-to-be Judge 10 Nussbaum appeared and was unanimously 11 recommended to this full body for the position 12 to which he was nominated by Governor Pataki. 13 I personally met with him for a 14 short time before the meeting. So he's 15 definitely a man of superior intellect. His 16 resume is incredible, dealing with issues that 17 he will face every day as a judge of the 18 Family Court. 19 I'm proud to move his nomination. 20 And I would ask Mr. President to please 21 recognize Senator Bonacic to second the 22 nomination. 23 ACTING PRESIDENT MEIER: Senator 24 Bonacic. 25 SENATOR BONACIC: Thank you, Mr.

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(518) 371-8910 1 President. 2 I rise in support of the nomination 3 of Steven Nussbaum as a judge of the Ulster 4 County Family Court. He's joined today by his 5 bride, Lauren; his stepdaughter, Alanna; his 6 son, Eli; his mom and dad, Allan and Vivian; 7 his brother, David; and his aunt and uncle, 8 Roberta and Stephen Nash. 9 This is a good start, Steve, 10 because if ever someone should ever think of 11 running against you in November, you just 12 bring all the family out, and I know you're 13 going to do very well. 14 But on a serious side, Steve has 15 had an exemplary and distinguished legal 16 career. He's been practicing law for 17 17 years, and his signature has been the 18 Family Court. He's had over 2,000 cases that 19 he has handled personally. He has been 20 honored by the Ulster County Bar Association 21 as law guardian in the year 2001. 22 And I know that he's going to make 23 an outstanding Family Court judge, and I also 24 support the unanimous approval of the 25 Judiciary Committee. And I will be voting for

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(518) 371-8910 1 his confirmation today. 2 Thank you, Mr. President. 3 ACTING PRESIDENT MEIER: The 4 question is on the confirmation of Steven 5 Nussbaum, of New Paltz, as a judge of the 6 Ulster County Family Court. All those in 7 favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MEIER: Those 10 opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MEIER: The 13 nominee is confirmed. 14 Judge Nussbaum is with us today in 15 the gallery. 16 Judge, we wish you well with your 17 very important duties. 18 (Applause.) 19 ACTING PRESIDENT MEIER: The 20 Secretary will continue to read. 21 THE SECRETARY: As a judge of the 22 Court of Claims, Marcia P. Hirsch, of 23 Rockville Centre. 24 ACTING PRESIDENT MEIER: Senator 25 DeFrancisco.

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(518) 371-8910 1 SENATOR DeFRANCISCO: I'm also 2 proud to rise to move the nomination of Marcia 3 Hirsch for the position of Court of Claims 4 judge, also an extremely accomplished 5 individual who has finished undergraduate work 6 in three years rather than four, finished law 7 school in two and a half years rather than 8 three, while she was working at the time, has 9 a record, if you haven't read her resume yet, 10 of government service second to none. Another 11 incredible nominee that the Governor has 12 passed on to us. 13 She is joined by many, many people, 14 once again. Fortunately, she doesn't have to 15 run for election, which is always a good 16 thing. But she has her husband, Ned Hirsch, 17 who had an excellent law school education; 18 daughters, Allison and Hillary; parents, Adele 19 and Ed Podgorski; sister and brother-in-law 20 Janine and Roland Guilz; sister-in-law Carolyn 21 Podgorski; mother-in-law, Lydia Hirsch; Rabbi 22 Abraham Blum -- it's always good to have a 23 rabbi with you on an occasion like this -- 24 friends Marie and Peter Forgach and Meri and 25 Mark Mason.

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(518) 371-8910 1 Once again, it's an incredible 2 nominee. And we're very fortunate that both 3 of these individuals would be willing to serve 4 in these important judicial positions. 5 They'll clearly serve as wonderful 6 representatives for the people. 7 Ms. Hirsch has -- it was mentioned 8 at the Senate Judiciary Committee that she has 9 an incredible temperament, an individual who 10 will listen to both sides and make sure that 11 the decision is fair. 12 Mr. President, I would request that 13 you recognize Senator Skelos to second the 14 nomination. 15 ACTING PRESIDENT MEIER: Senator 16 Skelos. 17 SENATOR SKELOS: Thank you very 18 much, Mr. President. I'm delighted to rise in 19 seconding the nomination of Marcia Hirsch, one 20 of my neighbors in Rockville Centre. 21 I mentioned in the Judiciary 22 Committee meeting that she, as Senator 23 DeFrancisco mentioned, that she graduated 24 college with a four-year degree in three 25 years -- my son is in his fifth year of a

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(518) 371-8910 1 four-year program -- and law school in two and 2 a half years. 3 And certainly I know your parents 4 are very proud of you, but also the savings 5 that were incurred by your graduating so soon. 6 Just a distinguished academic 7 career. Private practice, public service. 8 Really the combination and mixture of 9 experience, of life's experience that will 10 make Marcia a -- and I'm going to -- this is 11 one of the last few times I'm going to be able 12 to call you Marcia; now we have to call you 13 "Judge" -- but that Marcia has that will bring 14 the right temperament as a judge of the Court 15 of Claims. 16 But what's most important to me is 17 the fact that she has been so involved within 18 our Rockville Centre community, serving as 19 president of the Rockville Centre school 20 board -- recently, obviously, announcing her 21 retirement as she becomes a judge -- served as 22 a school board member for nine years, very 23 involved with special education, Parent 24 Teacher Association member, active with the 25 St. Agnes parish, part of the Building Fund

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(518) 371-8910 1 volunteer. Just a good person. 2 So I just want to thank the 3 Governor for this fine nomination. 4 And again, as I mentioned in the 5 Judiciary Committee, whether it was general 6 counsel for the Division of Housing or as a 7 judge of the Court of Claims, these are 8 positions that Marcia did not go after. Her 9 qualifications, her ability, her personality, 10 her temperament drew people to her and asked 11 her to serve in these positions. 12 So I'm delighted, and I see Ned 13 beaming up there, absolutely beaming with 14 pride, parents so happy. And I'm just 15 delighted to be able to second your 16 nomination. Congratulations. 17 ACTING PRESIDENT MEIER: Senator 18 Farley. 19 SENATOR FARLEY: Thank you, Mr. 20 President. I also rise to second the 21 nomination of Marcia. 22 I want to go back to her roots a 23 little bit. Although she's cut quite a swath 24 in Long Island, she does come from Rotterdam, 25 New York, which is in Schenectady County, from

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(518) 371-8910 1 a remarkable family. 2 She graduated magna cum laude and 3 Phi Beta Kappa from Union College, right near 4 where I live -- where my daughter, who's also 5 a lawyer, also graduated from -- and went on 6 to Syracuse University for a remarkable 7 academic career. 8 But, you know, so many things that 9 are happening today are happening with women 10 in the area of law. Back when I was in law 11 school, back with Abe Lincoln and way back 12 there, there were almost very few or no women 13 in law school. 14 Were any in your law school, John 15 Marchi? I don't know. But they were rare. 16 SENATOR DeFRANCISCO: They didn't 17 have running water then. 18 SENATOR FARLEY: They didn't have 19 any -- oh, that's not nice. 20 I did go to school with Judge Judy, 21 who's -- she was the only woman in my class. 22 (Laughter.) 23 SENATOR FARLEY: But let me just 24 say, Marcia, how proud we are of you and your 25 family, the Podgorski family from Rotterdam,

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(518) 371-8910 1 and what a mark you have made in life and how 2 proud we are of you. 3 But so many things, you don't leave 4 your past behind. Chief Judge Richard Sise 5 said to make sure how proud he was of what 6 you're doing, and also your Schenectady County 7 roots. 8 And my very best wishes to you. 9 And what a remarkable career you've had. And 10 the judiciary is lucky to have you, and the 11 Governor has made another excellent 12 appointment. Congratulations. 13 ACTING PRESIDENT MEIER: Senator 14 Bonacic. 15 SENATOR BONACIC: Thank you, Mr. 16 President. 17 I had the pleasure of seeing the 18 work of Marcia as she was general counsel and 19 I served as chairman of Senate Housing. 20 I think what was obvious to me is 21 she possesses all these qualities. She's a 22 woman of beauty, she's a woman of brains, 23 she's a woman of experience in so many facets 24 of the law, both public and private sector. 25 She has the respect of all of the

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(518) 371-8910 1 people that she has worked with in her legal 2 career. 3 And, finally, she certainly has the 4 qualities that will make her a great judge, 5 and it's been talked about by Senator 6 DeFrancisco and Senator Skelos, of a judicial 7 temperament that she will bring to the bench. 8 We wish her the best as a Court of 9 Claims judge, and just keep it going. And I'm 10 sure we're going to see you again, Marcia. 11 Thank you, Mr. President. 12 ACTING PRESIDENT MEIER: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: You know, I 15 always try to be fair, and I want to make sure 16 we have full disclosure here. And I forgot to 17 mention this. And I don't know how this is 18 going to affect the vote, but Senator Manny 19 Gold sent a letter recommending Marcia for 20 this position very highly. 21 (Laughter.) 22 SENATOR MAZIARZ: Oh, that helps. 23 SENATOR DeFRANCISCO: So I wanted 24 to make sure that that was on the record and 25 have full disclosure. Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 DeFrancisco, ordinarily I would ask you to 3 represent me, but after that I don't know. 4 (Laughter.) 5 ACTING PRESIDENT MEIER: The 6 question is on the confirmation of Marcia P. 7 Hirsch, of Rockville Centre, as a judge of the 8 Court of Claims. All those in favor signify 9 by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MEIER: Those 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MEIER: The 15 nominee is confirmed. 16 Judge Hirsch is with us in the 17 chambers today, and we congratulate you and 18 wish you well with your important duties. 19 (Applause.) 20 ACTING PRESIDENT MEIER: The 21 Secretary will continue to read. 22 THE SECRETARY: Senator Robach, 23 from the Committee on Civil Service and 24 Pensions, reports the following bill direct to 25 third reading:

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(518) 371-8910 1 Senate Print 3659B, by Senator 2 Golden, an act to amend the Retirement and 3 Social Security Law. 4 ACTING PRESIDENT MEIER: The bill 5 will be reported to third reading. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Farley. 11 SENATOR FARLEY: Thank you, Mr. 12 President. 13 On behalf of Senator Skelos, on 14 page 14 I offer the following amendment to 15 Calendar 149, Senate Print 484, and I ask that 16 that bill retain its place on the Third 17 Reading Calendar. 18 ACTING PRESIDENT MEIER: The 19 amendment is received and adopted, and the 20 bill will retain its place on the Third 21 Reading Calendar. 22 Senator Skelos. 23 SENATOR SKELOS: I believe 24 there's a substitution at the desk. If we 25 could make it at this time.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The 2 Secretary will read the substitution. 3 THE SECRETARY: On page 6, 4 Senator Hannon moves to discharge, from the 5 Committee on Corporations, Authorities and 6 Commissions, Assembly Bill Number 7099 and 7 substitute it for the identical Senate Bill 8 Number 4264, Second Report Calendar 811. 9 And on page 43, Senator Flanagan 10 moves to discharge, from the Committee on 11 Agriculture, Assembly Bill Number 1011A and 12 substitute it for the identical Senate Bill 13 Number 2826, Third Reading Calendar 691. 14 ACTING PRESIDENT MEIER: 15 Substitutions ordered. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could adopt the Resolution Calendar, 19 with the exception of Resolution 1729. 20 ACTING PRESIDENT MEIER: All 21 those in favor of adopting the Resolution 22 Calendar, with the exception of Resolution 23 1729, signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT MEIER: Those

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(518) 371-8910 1 opposed, nay. 2 (No response.) 3 ACTING PRESIDENT MEIER: The 4 Resolution Calendar, with exception, is 5 adopted. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 Resolution 1729, by Senator Golden, could we 9 have the title read and move for its immediate 10 adoption. 11 ACTING PRESIDENT MEIER: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Golden, Legislative Resolution Number 1729, 15 memorializing Governor George E. Pataki to 16 proclaim May 17, 2005, as Elder Abuse 17 Awareness Day in the State of New York. 18 ACTING PRESIDENT MEIER: Senator 19 Golden. 20 SENATOR GOLDEN: Thank you, 21 Acting President. I'd like to speak on the 22 resolution today on Clarence and Jeannie 23 Soule. 24 But before I do so, I'd like to 25 welcome the Fire Department here and

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(518) 371-8910 1 congratulate the two judges that are leaving 2 the hall presently. 3 And speaking of older Americans, my 4 good friend Judge Mega, Chris Mega, formerly 5 Senator Chris Mega, is in the chamber today. 6 Truly a great man, and a great reason why both 7 myself and Senator DiCarlo were privileged to 8 be in this body at different points over the 9 past several years. 10 I'd like to point to two great 11 people up here, and that's Clarence and 12 Jeannie Soule, who have been designated as the 13 2005 Senior Citizens of the Year. 14 We talk about people that make a 15 difference -- and these two people definitely 16 made a difference for the lives of the people 17 in the State of New York. And these were 18 recommended to us by Senator Jim Seward. 19 And these two, this couple -- could 20 I have some silence in the -- Acting 21 President. 22 ACTING PRESIDENT MEIER: Can we 23 have some order in the chamber. 24 Senator Golden. 25 SENATOR GOLDEN: This couple, a

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(518) 371-8910 1 husband-and-wife team, went out in their years 2 of -- twilight years, and deliver food from a 3 pantry for over 200 people. 4 Her husband goes in his truck and 5 goes down and picks up the food at the local 6 pantry, I don't know how many miles away from 7 their home, and then he goes and picks up the 8 bread at another location, and he brings all 9 that food back so that they can help the 10 families of their town in delivering food and 11 clothing to those in need. 12 These are truly two points of light 13 that have definitely helped and contributed to 14 the greatness of this great state. 15 You know, us as a body, we look and 16 we see what goes well in our communities, and 17 we copy that and we bottle that and we try to 18 take it back to our colleagues so that we can 19 spread it across the state when we see 20 something that's working well. 21 And, ladies and gentlemen, these 22 two have developed something that we think is 23 really unique and really good. And hopefully 24 we can copy what they've done and be able to 25 talk about it in our communities and be able

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(518) 371-8910 1 to recognize and get people eager to do what 2 they have done, and that's to help our seniors 3 across this great state. 4 So it is a privilege today to have 5 this resolution on both Clarence and Jeannie 6 Soule, and to recommend them to this great 7 body. 8 And open up this resolution, I'd 9 like to open up this resolution to all of my 10 colleagues on both sides of the house if -- so 11 that they can join in and be part of this 12 great tribute. 13 I'd like to thank them. God bless 14 them and their families. And please, continue 15 to do God's work, because it's what you do 16 that makes us as good as we are. 17 Thank you. 18 ACTING PRESIDENT MEIER: Senator 19 Seward. 20 SENATOR SEWARD: Thank you, Mr. 21 President. 22 On behalf of my constituents in 23 Greene County and throughout our part of 24 New York State, I just want to rise to 25 congratulate Clarence and Jeannie Soule on

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(518) 371-8910 1 this very special designation here today. 2 Because both Clarence and Jeannie 3 are truly outstanding senior citizens of 4 New York State. They are both, together, very 5 active in working to help certainly their 6 family, number one, and then their community, 7 their church, as well as so many individual 8 senior citizens in their community. They are 9 truly a team, and that's something very, very 10 special about all that they do. 11 Clarence and Jeannie are the 12 parents of four children. But when one of 13 their neighbors died and left two teenagers in 14 need of a home, Clarence and Jeannie actually 15 took those children in and they became part of 16 the Soule family. That's something very, very 17 special. 18 And as Senator Golden pointed out, 19 while Jeannie is the director of the local 20 food pantry, it's Clarence that's making the 21 runs for the food and clothing and the other 22 items that are so helpful to some 200 families 23 every single month. 24 They're both very active in the 25 local fire department, the local church, and

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(518) 371-8910 1 they visit people in the nursing homes and 2 help people with transportation needs in their 3 communities. 4 There's no question that their 5 corner of world and the mountaintop in Greene 6 County, as well as the world in general, is a 7 better place because of these two very loving 8 and caring people. 9 So I rise to say what a wonderful 10 choice for Senior Citizen of the Year in this 11 couple, and to congratulate them on this 12 important designation. 13 And while I'm on my feet, I would 14 just like to acknowledge the fact that not 15 only are Clarence and Jeannie in the gallery, 16 but also Jeannie's sister, Barbara Anderson, 17 is with us, as well as Clarence's sister, Dott 18 Giordano, and also Jo van Valkenborgh, who was 19 so important to their being nominated for this 20 important designation. 21 So to all of you we say 22 congratulations, this is a special day and 23 well-deserved. 24 ACTING PRESIDENT MEIER: Senator 25 Farley.

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(518) 371-8910 1 SENATOR FARLEY: Thank you, Mr. 2 President. 3 I rise also to congratulate this 4 remarkable couple on this very significant 5 honor as Senior Citizens of the Year. 6 I was the first chairman of the 7 Aging Committee in the New York State Senate. 8 It shows you how old you're getting when 9 you're chairman emeritus of the committee. 10 But anyway, that Senior Citizen of the Year 11 program started under my reign. 12 And I just want to say what an 13 honor this is and what an outstanding choice 14 that, Senator Golden, you have made with this 15 couple. 16 I also want to mention that there 17 is a Schenectady connection here, that Barbara 18 Anderson is my constituent from my hometown of 19 Niskayuna, your sister. 20 And you can be very proud of your 21 sister. I presume it might be your older 22 sister. But it doesn't matter, she's your 23 sister. And I think that that's truly 24 outstanding. 25 And I congratulate you both, the

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(518) 371-8910 1 Soules, because this is a couple that has 2 given so much, not only to their community but 3 to the entire State of New York. This is just 4 not an honor that is recognized locally, it is 5 a remarkable statewide honor. 6 And congratulations and best 7 wishes, and many, many more years of serving 8 your fellow persons. 9 Thank you. 10 ACTING PRESIDENT MEIER: The 11 question is on the resolution. All those in 12 favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MEIER: Those 15 opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MEIER: The 18 resolution is adopted. Resolution 1729 is 19 adopted. 20 Resolution 1748, with regard to the 21 members' remarks, was previously adopted. 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, I 24 believe that there are two resolutions at the 25 desk by Senator Nozzolio. I would ask that

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(518) 371-8910 1 the titles be read and move for their 2 immediate adoption. 3 ACTING PRESIDENT MEIER: The 4 Secretary will read. 5 THE SECRETARY: By Senator 6 Nozzolio, Legislative Resolution Number 1805, 7 congratulating the Sodus High School Boys 8 Basketball Team and Coach Jim Sergeant upon 9 the occasion of capturing the New York State 10 Class C State Championship. 11 And by Senator Nozzolio, 12 Legislative Resolution Number 1806, 13 congratulating the Palmyra-Macedon Boys 14 Basketball Team and Coach John "Chip" Tatro 15 upon the occasion of capturing the New York 16 State Class B Championship. 17 ACTING PRESIDENT MEIER: On the 18 resolutions, all those in favor signify by 19 saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MEIER: Those 22 opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MEIER: The 25 resolutions are adopted.

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(518) 371-8910 1 Senator Bruno. 2 SENATOR BRUNO: Mr. President, I 3 have a privileged resolution at the desk. I 4 would ask that it now be read in its entirety 5 and move for its immediate adoption. 6 ACTING PRESIDENT MEIER: The 7 Secretary will read. 8 THE SECRETARY: By Senator Bruno, 9 Legislative Resolution Number 1766, welcoming 10 the members of the New York City Uniformed 11 Firefighters Association upon the occasion of 12 their visit to the New York State Capitol, 13 Albany, New York, on Tuesday, May 10, 2005. 14 "WHEREAS, This Legislative Body, 15 representing the people of the State of 16 New York, is proud to commend the 17 contributions that the New York City 18 firefighters provide us by responding to our 19 needs with extreme bravery at moments in our 20 lives when we are faced with injury or 21 possible death; and 22 "WHEREAS, Attendant to such certain 23 concern, and in full accord with its 24 long-standing traditions, this Legislative 25 Body is justly proud to welcome the members of

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(518) 371-8910 1 the New York City Uniformed Firefighters 2 Association upon the occasion of their visit 3 to the New York State Capitol, Albany, 4 New York, on Tuesday, May 10, 2005; and 5 "WHEREAS, In the last eight 6 decades, the job of firefighter in New York 7 City has changed greatly, in no small measure 8 due to the dedicated and vigilant actions of 9 the Uniformed Firefighters Association. 10 Committed to improving the living and working 11 conditions of its members through better 12 compensation and benefits, the UFA has served 13 as the true guardian of the welfare of all 14 firefighters; and 15 "WHEREAS, Borne of and spurred on 16 by the great labor movement of the late 19th 17 and early 20th centuries, the UFA (originally 18 the Uniformed Firemen's Association) sought to 19 improve the lives of its workers. In the 20 beginning, this simply meant fighting for 21 better pay and a shorter workday. In the 22 years that followed, the goals expanded to 23 include seeking paid holidays and vacations, 24 improved pensions, and medical and other 25 benefits; and

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(518) 371-8910 1 "WHEREAS, Central to the success of 2 the union were two key factors: unity of the 3 membership, and strong leadership on the 4 Executive Board. Another important role the 5 union has undertaken is organizing the 6 goodwill and supportive nature of the 7 brotherhood of firefighters by establishing 8 the Widows and Children's Fund, to assist the 9 families of firefighters who have made the 10 supreme sacrifice; and 11 "WHEREAS, Through the membership, 12 this goodwill has expanded with the 13 establishment of the Thomas Elsasser Fund, 14 which assists the families of firefighters who 15 die non-line-of-duty, and in many cases have 16 great financial needs. The Elsasser Fund, 17 founded in 1990, is a key example of how the 18 UFA continues to evolve and serve as an 19 integral party in the lives of New York City's 20 firefighters; and 21 "WHEREAS, In 1988, UFA celebrated 22 80 years of great progress, and looks forward 23 to the 21st century, anticipating even greater 24 improvements in the lives of New York City 25 firefighters. The many thousands of

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(518) 371-8910 1 firefighters, by their hard work and 2 commitment to the union pledge of solidarity, 3 have enriched the lives of so many fellow 4 firefighters and their families; and 5 "WHEREAS, Today, the UFA is a 6 leader in fighting for its members' rights. 7 The FDNY of today for firefighters is a far 8 cry from what it was when the department 9 began, because of the efforts of UFA 10 organizers; and 11 "WHEREAS, It is fitting that this 12 Legislative Body honor those who put their 13 lives on the line in the performance of their 14 service to the community, recognizing also 15 that the daily performance of such service by 16 the New York City firefighters enables us to 17 live and work with the security that, if 18 endangered, they will be there to protect us; 19 and 20 "WHEREAS, These brave individuals 21 often have a thankless job, and people do not 22 recognize that such individuals risk their 23 lives every day that they go to work. These 24 individuals who choose such work should be 25 commended and recognized for their efforts;

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(518) 371-8910 1 and 2 "WHEREAS, While we show our 3 appreciation for New York City firefighters, 4 we shall also take a moment to remember those 5 firefighters who have lost their lives in 6 service to their communities, and to remember 7 their families and their sacrifice; now, 8 therefore, be it 9 "RESOLVED, That this Legislative 10 Body pause in its deliberations to welcome the 11 members of the New York City Uniformed 12 Firefighters Association upon the occasion of 13 their visit to the New York State Capitol, 14 Albany, New York, on Tuesday, May 10, 2005; 15 and be it further 16 "RESOLVED, That a copy of this 17 resolution, suitably engrossed, be transmitted 18 to the members of the New York City Uniformed 19 Firefighters Association of New York City." 20 ACTING PRESIDENT MEIER: Senator 21 Bruno. 22 SENATOR BRUNO: Thank you, Mr. 23 President and colleagues. 24 You just heard a resolution that 25 was read. And we're joined here in the

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(518) 371-8910 1 chamber by members of the uniformed 2 firefighters of New York City and their great 3 association that has represented the uniformed 4 firefighters for decades. And we welcome them 5 to the chamber. 6 And you heard in the resolution 7 words like "extreme bravery." There isn't a 8 person here or a person out there that hasn't 9 experienced in some way what that really means 10 in real life, in a real way. So we're 11 indebted to you, we here in the Senate and the 12 Legislature, the constituency that's out here 13 in New York State, in New York City, because 14 you are really heroes. 15 Some of you don't look like heroes. 16 I don't know what a hero is supposed to look 17 like. But you are heroes, each and every one 18 of you, through 9/11 and what happened there. 19 When people were exiting with flames raging, 20 firefighters were going in. As the traffic 21 was exiting the building as quickly as they 22 could, firefighters were going in. Hundreds 23 of them killed. Trying to do what? Lead 24 people to safety and save people. 25 So thank you. Thank you for the

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(518) 371-8910 1 work that you do. Every day that you get up, 2 you never know what that day is going to 3 bring. You're always on duty. And if there's 4 a fire and you're not on duty, I know you 5 respond. You're there. You're in the 6 vicinity. And people died who were not on 7 duty as firefighters on 9/11, and in other 8 places. 9 So, Mr. President and colleagues, 10 we honor, through this resolution, the 11 firefighters, each and every one individually. 12 You can be proud of what you do. Your 13 families are proud of you. Your neighbors are 14 proud of you. We here in government are 15 proud. Because when you think in terms of 16 being out there, doing whatever, whatever it 17 takes -- to do what? Save people's lives, 18 keep them from harm, protect their property. 19 That's what you do on a daily basis. 20 And in your profession, we only 21 hope and pray that you have less time to be 22 out there putting out fires and more time to 23 think and train and maintain equipment, do all 24 the kinds of things that you do. 25 So thank you. Thanks for your

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(518) 371-8910 1 commitment. Thanks for your bravery. Thanks 2 for the heroism that you display whenever 3 you're called out, not knowing what it is that 4 is going to be there. It could appear to be a 5 small fire, and who knows what's there, and 6 there's an explosion. And you recognize that, 7 and you put on your uniforms and you're there. 8 So thank you all, and God bless you 9 in your work. 10 Thank you, Mr. President. 11 ACTING PRESIDENT MEIER: Senator 12 Golden. 13 SENATOR GOLDEN: Thank you, 14 Acting President. 15 I could never say it as well as the 16 leader has just said it. The work that you do 17 each and every day for this city and for this 18 state, you just can't add it up. You just 19 can't put it down on paper. You just cannot 20 figure out the dollars that you wind up saving 21 this city when it costs -- goes to life, when 22 it goes to property, when it goes to keeping 23 our city as strong as it is and our state as 24 strong as it is. 25 I personally thank each and every

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(518) 371-8910 1 one of you for being here today. 2 We still, to this day, are having 3 street namings in the City of New York for 4 those that perished on 9/11. We just had one 5 last week. And next Monday, coming up, at 6 10:30 in the morning, we'll be doing a 7 memorial in Kings County at the American 8 Veterans Memorial Pier at 69th Street and 9 Shore Road. And hopefully we can get some of 10 the Fire Department members to show up and be 11 part of that memorial. 12 And we're going to be naming -- for 13 the next several months we'll still be naming 14 streets in honor and parks in honor of those 15 that perished from 9/11. 16 And it doesn't go by a week that we 17 don't see a fire or a terrible tragedy in the 18 City of New York where we see our firemen 19 being hurt and we see our citizens being hurt 20 in our city. And you are running into that 21 building and saving lives. I commend each and 22 every one of you and thank you for being here 23 today. And this body appreciates what you've 24 done and what your family sacrifices have 25 been.

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(518) 371-8910 1 So may God continue to bless each 2 and every one of you and your families for the 3 great sacrifices that you continue to meet and 4 make each and every day. 5 Thank you. 6 ACTING PRESIDENT MEIER: Senator 7 Farley. 8 SENATOR FARLEY: Thank you. I 9 rise to salute America's heroes. 10 Because, you know, after 9/11 I 11 think that you and your colleagues from the 12 New York City firefighters did more to raise 13 the status and love that the rest of the state 14 and nation has for firefighters, and to 15 realize the heroism that your colleagues that 16 gave their lives -- and didn't give their 17 lives, but served under that terrible, 18 terrible tragedy. 19 And what you accomplished and the 20 respect that you have given to the 21 firefighters throughout this nation is really 22 a tribute to you and to the New York City 23 firefighters. 24 I'm very proud of all that you have 25 done for, not only for our state but what you

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(518) 371-8910 1 do every day. As Senator Golden said, may God 2 bless you and keep you safe in your work. 3 It's perhaps the most dangerous occupation 4 that we have in our country. I think it is 5 the most dangerous. 6 And we wish you well. We're 7 grateful for your service and very, very proud 8 that you're here today. 9 ACTING PRESIDENT MEIER: On the 10 resolution, all those in favor signify by 11 saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MEIER: Those 14 opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MEIER: The 17 resolution is unanimously adopted. 18 (Standing ovation.) 19 ACTING PRESIDENT MEIER: Senator 20 Fuschillo. 21 SENATOR FUSCHILLO: Mr. 22 President, I wish to call up Print Number 23 1430A, recalled from the Assembly, which is 24 now at the desk. 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 377, by Senator Fuschillo, Senate Print 1430A, 4 an act to authorize the French-speaking 5 Baptist Church. 6 ACTING PRESIDENT MEIER: Senator 7 Fuschillo. 8 SENATOR FUSCHILLO: I now move to 9 reconsider the vote by which the bill was 10 passed. 11 ACTING PRESIDENT MEIER: Call the 12 roll on reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 SENATOR FUSCHILLO: I now offer 16 the following amendments. 17 ACTING PRESIDENT MEIER: The 18 amendments are received. 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President, 21 can we at this time take up the 22 noncontroversial reading of the calendar. 23 ACTING PRESIDENT MEIER: The 24 Secretary will conduct the noncontroversial 25 reading of the calendar.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 221, by Senator Golden, Senate Print 1823, an 3 act to amend the Penal Law -- 4 SENATOR SCHNEIDERMAN: Lay it 5 aside. 6 ACTING PRESIDENT MEIER: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 379, by Senator Libous, Senate Print 1820A, an 10 act to amend the Village Law and the Public 11 Officers Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 432, by Senator Saland, Senate Print 3192, an 24 act to amend the Education Law -- 25 SENATOR BRUNO: Lay it aside for

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(518) 371-8910 1 the day. 2 ACTING PRESIDENT MEIER: Lay the 3 bill aside for the day. 4 THE SECRETARY: Calendar Number 5 463, by Senator Skelos, Senate Print 3508, an 6 act to amend the Penal Law, in relation to the 7 possession of disguised knives. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. Nays, 16 2. Senators Duane and Montgomery recorded in 17 the negative. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 507, by Member of the Assembly Sweeney, 22 Assembly Print Number 3107, an act to amend 23 the Executive Law, in relation to employment 24 discrimination. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 571, by Senator Libous, Senate Print 3705, an 12 act to amend the Town Law and the Public 13 Officers Law, in relation to providing. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 574, by Senator LaValle, Senate Print 1094, an

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(518) 371-8910 1 act in relation to authorizing a study of the 2 relevant issues. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 60. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 594, by Senator Fuschillo, Senate Print 1865, 15 an act to amend the Judiciary Law, in relation 16 to practicing or appearing. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 60th day. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 622, by Senator Volker, Senate Print 3908, an 4 act to amend the Criminal Procedure Law, in 5 relation to the disclosure. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 634, by Senator Trunzo, Senate Print 425, an 18 act to amend the Vehicle and Traffic Law, in 19 relation to dealers. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the 90th day. 24 ACTING PRESIDENT MEIER: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 646, by Senator Robach, Senate Print 4258, an 7 act to amend the Civil Service Law, in 8 relation to suspension. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 663, by Senator Rath, Senate Print 3313, an 21 act to amend the General Municipal Law, in 22 relation to municipal cooperative activities. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 666, by Senator Trunzo, Senate Print 3572, an 10 act in relation to authorizing the assessor of 11 the Town of Islip. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. Nays, 20 1. Senator Bonacic recorded in the negative. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 670, by Senator Larkin, Senate Print 3838, an 25 act authorizing the Goldsmith D. and Mary B.

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(518) 371-8910 1 Johnes Home. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. Nays, 10 1. Senator Bonacic recorded in the negative. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 672, by Senator Skelos, Senate Print 3898, an 15 act authorizing the assessor of the County of 16 Nassau to accept an application. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 674, by Senator Balboni, Senate Print 3965, an 4 act authorizing Korean Joong Bu Presbyterian 5 Church. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. Nays, 14 1. Senator Bonacic recorded in the negative. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 681, by Senator Seward, Senate Print 3819A, an 19 act to amend Chapter 630 of the Laws of 1988, 20 amending the Insurance Law. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 684, by Senator Maziarz, Senate Print 4185 -- 8 SENATOR SCHNEIDERMAN: Lay it 9 aside. 10 ACTING PRESIDENT MEIER: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 757, by Senator Wright, Senate Print 5200A, an 14 act to amend the Economic Development Law, in 15 relation to the Power for Jobs electricity 16 savings reimbursements. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 Senator Skelos, that completes the 3 noncontroversial reading of the calendar. 4 SENATOR SKELOS: Thank you, Mr. 5 President. If we could go to the 6 controversial reading of the calendar. 7 ACTING PRESIDENT MEIER: The 8 Secretary will ring the bells, please. 9 Members are asked to come to the 10 chamber for the controversial reading of the 11 calendar. 12 The Secretary will conduct the 13 controversial reading of the calendar. 14 THE SECRETARY: Calendar Number 15 221, by Senator Golden, Senate Print 1823, an 16 act to amend the Penal Law, in relation to 17 criminal use of public records. 18 SENATOR SCHNEIDERMAN: 19 Explanation. 20 ACTING PRESIDENT MEIER: Senator 21 Golden, Senator Schneiderman has requested an 22 explanation of Calendar 221. 23 SENATOR GOLDEN: Thank you, 24 Acting President. 25 This bill makes the use of public

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(518) 371-8910 1 records for the purpose of committing a crime 2 a Class E felony; in effect, committing a 3 crime in furtherance of a crime with the use 4 of FOILed records. 5 We have situations across the 6 state -- more recently, one from Long Island 7 where two corrections officers were working 8 and their information was FOILed and their 9 credit was ruined. 10 And if you were to take a look at 11 the Google search and the use of public 12 records for gain, you would see that there are 13 1,690 hits on that alone. And that's on 14 Google hits for using public records for gain 15 and for using public records for illicit gain. 16 And obviously, when that is taken 17 from those files, that material is used 18 against correction officers, police officers 19 and other law enforcement agencies and 20 officers to hurt them and their families. And 21 that is the reason for the bill. 22 ACTING PRESIDENT MEIER: Senator 23 Schneiderman. 24 SENATOR SCHNEIDERMAN: Yes, 25 through you, Mr. President, if the sponsor

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(518) 371-8910 1 would yield for a question. 2 ACTING PRESIDENT MEIER: Senator 3 Golden, do you yield for a question? 4 SENATOR GOLDEN: I do, sir. 5 ACTING PRESIDENT MEIER: The 6 sponsor yields. 7 SENATOR SCHNEIDERMAN: I 8 understand, Mr. President, that this is a bill 9 which I feel is not a good solution to any 10 problem. But I feel that it is a sincere 11 effort to address a problem. 12 I was wondering if the sponsor 13 could further explain the circumstances with 14 these correction officers that leads us to be 15 here today once again visiting this piece of 16 legislation. 17 SENATOR GOLDEN: The question 18 again, please? 19 SENATOR SCHNEIDERMAN: Through 20 you, Mr. President, specifically, what were 21 the records that were FOILed with these 22 corrections officers that led to this 23 situation that requires the bill to be here 24 today? 25 SENATOR GOLDEN: What they do is

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(518) 371-8910 1 they access their Social Security numbers and 2 then purchase credit cards in their Social 3 Security and names and use those Social 4 Security cards and ruin the officers' and law 5 enforcement officers' credit rating and build 6 up tremendous dollars on accounts that they 7 have no idea that they have or had. 8 SENATOR SCHNEIDERMAN: Thank you, 9 Mr. President. Thank the sponsor. 10 On the bill. 11 ACTING PRESIDENT MEIER: Senator 12 Schneiderman, on the bill. 13 SENATOR SCHNEIDERMAN: This is, I 14 think, right up there with Senator Maziarz's 15 "wounded bears chasing children through the 16 woods act" as far as badly drafted pieces of 17 legislation go, in my view. 18 The difficulty I have, and I've 19 shared this with the sponsor, is that while I 20 do think it's a sincere effort to get at a 21 problem, this legislation will not address 22 that problem and will create many, many other 23 problems. 24 This bill, as drafted, states that 25 a person -- it's an additional crime of

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(518) 371-8910 1 criminal use of public records applied to 2 anyone who uses any information derived from a 3 public record that's obtained through a FOIL 4 request in the commission of a crime. So it 5 creates an additional crime. 6 It doesn't require that the person 7 who uses the information is the person who did 8 the FOIL request, it doesn't require that the 9 person who uses the information even knows 10 that this came from a FOIL request. So I 11 think that this is a good example of 12 legislation that has -- other than its title, 13 it doesn't do anything to address the issue 14 that it purports to address. 15 I would respectfully suggest, and 16 I'm happy to work with the sponsor on this, 17 that the answer to dealing with the problem of 18 criminals, a very real problem of criminals 19 getting access to records, is to work through 20 the exemptions to the FOIL law provided in the 21 Civil Rights Law to deal with the question of 22 regulation of information brokers, which is a 23 very serious problem here. I'm shocked we 24 haven't had a bill from Senator Balboni about 25 that yet.

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(518) 371-8910 1 But the problem of people getting 2 access to public records is very real. It 3 would not be addressed by this bill. This 4 bill would create a crime for anyone -- 5 unknowingly, knowingly, no scientia 6 requirement -- who uses a record in the 7 commission of any crime. It's just not 8 something that's ever going to pass and become 9 law. It should not become law. 10 And I would respectfully request 11 that before we revisit this again another 12 year, let's try and draft up something that 13 addresses the very real problem apparently 14 faced by these correction officers. 15 I'll be voting no, encouraging 16 everyone to vote no, and I will be encouraging 17 the sponsor to work with us on redrafting this 18 before spring springs again here in 2006. 19 Thank you, Mr. President. 20 ACTING PRESIDENT MEIER: Senator 21 Golden. 22 SENATOR GOLDEN: Thank you, 23 Acting President. Will Senator Sneidelman -- 24 Sneidelman -- Schneiderman yield for a 25 question.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Schneiderman, do you yield? 3 SENATOR SCHNEIDERMAN: Or someone 4 more or less by that name, yes. 5 ACTING PRESIDENT MEIER: He 6 yields. 7 SENATOR GOLDEN: I believe the 8 question that you have is because the -- I 9 guess they would not know, if somebody could 10 find these records in the street and use these 11 records against the correction officer or 12 police officer and would not knowingly know 13 that they were FOILed. 14 Is that the issue at hand? 15 SENATOR SCHNEIDERMAN: Well, 16 actually, no. 17 This doesn't provide any parameters 18 for the criminal conduct at issue. This means 19 if you commit any crime -- and I suppose this 20 could mean, you know, that you get the address 21 of someone who you then go burgle their house 22 and you happen to get it from a document you 23 don't know is FOILed -- if you're, I suppose, 24 sort of a confused burglar who's leafing 25 through documents -- that would fall under the

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(518) 371-8910 1 statute. 2 This provides absolutely no 3 limitations. It doesn't require that the 4 crime that is committed, the underlying actual 5 crime, relates to the person whose records 6 were FOILed. It doesn't require that the -- 7 that anything. I mean, really, this is as 8 broadly drafted as you could possibly make a 9 bill. 10 So my problem is not just that 11 someone could be guilty of this additional 12 crime without knowing that the records were 13 FOILed, it's that this could relate to a crime 14 that has nothing to do, really, with the 15 FOILed records. It could be something where 16 they're using information derived from a 17 FOILed record without knowledge. 18 And it doesn't -- again, you don't 19 address a very specific problem of something, 20 as you describe -- which I respect your effort 21 to address it -- with the correction officers 22 having their Social Security numbers picked up 23 out of the system, by having an overly broad 24 statute that would relate to any possible 25 crime in the use of any possible record that

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(518) 371-8910 1 happens to have once been derived from FOILed 2 information. 3 SENATOR GOLDEN: Would Senator 4 Schneiderman continue to yield. 5 ACTING PRESIDENT MEIER: Senator, 6 do you continue to yield? 7 SENATOR SCHNEIDERMAN: I'd be 8 happy to yield. 9 ACTING PRESIDENT MEIER: The 10 Senator yields. 11 SENATOR GOLDEN: Senator 12 Schneiderman, if the word "knowingly" were 13 placed in there, a person is guilty of the 14 criminal use of public records when he or she 15 knowingly uses any record or information, 16 knowingly uses any record or information 17 derived from any record in the course of that 18 crime, would that help us to get this past 19 your -- 20 SENATOR SCHNEIDERMAN: Well, I -- 21 through you, Mr. President, that certainly 22 would be an improvement. 23 But I think that my suggestion to 24 the sponsor would be that the answer to the 25 problem we're addressing here is to prevent

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(518) 371-8910 1 this information from getting into the wrong 2 hands in the first place. 3 We have to take steps to protect 4 the confidential records correction officers 5 and police officers, as has been done through 6 the civil rights laws, and not to providing an 7 overly broad punishment after the fact of 8 people who, you know, may or may not have 9 knowingly obtained the records. 10 I would also suggest that -- and I 11 think we can solve that problem. I think it's 12 something we should address through the civil 13 rights laws. 14 I would, in addition to the 15 suggestion that you add "knowingly," the 16 definition of the commission of a crime I 17 think has to be revisited. Because I would 18 suggest if you're creating a new statute 19 having to do with the abuse of public records, 20 that there should be some parameters for the 21 crime we're talking about. It should be a 22 crime that relates to the abuse of those 23 records. 24 So I think, rather than editing 25 this sentence, I think we should start over

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(518) 371-8910 1 and write a new sentence. And I'm happy to 2 work with the sponsor on that in our spare 3 time as we await the end of session. 4 ACTING PRESIDENT MEIER: Senator 5 Golden. 6 SENATOR GOLDEN: On the bill. 7 I appreciate Senator Schneiderman's 8 opposition to certain paragraphs and 9 definitions, and I will change that word in an 10 amendment to "knowingly." 11 I will proceed with this bill and 12 be glad to work with you in the future to make 13 this bill even better. 14 Thank you, sir. 15 ACTING PRESIDENT MEIER: Any 16 other Senator wish to be heard? 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, on 19 the bill. 20 ACTING PRESIDENT MEIER: Senator 21 Klein, on the bill. 22 SENATOR KLEIN: While I applaud 23 Senator Golden's attempt to strengthen our 24 laws when it comes to identity theft, this is 25 the second time this session the only

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(518) 371-8910 1 legislation we're attempting to pass has to do 2 with penalties. While I certainly would 3 believe we should be punishing the 4 perpetrators of identity theft, I think we 5 really have to do more. 6 I did several investigations in 7 this area, one involving state computers which 8 shows that in a four-year period, New York 9 State's computers were hacked into 72 times. 10 And we're talking about the Department of 11 Motor Vehicles, the State Department of 12 Taxation and Finance. Clearly, areas that 13 hold a lot of very important information. 14 We know, this year, the cases of 15 ChoicePoint and BankAmerica -- the list goes 16 on and on. 17 Several years ago, in the state of 18 California, someone hacked into the direct 19 deposit system for state employees and stole 20 over 233,000 names and Social Security numbers 21 of California state employees. 22 This is a huge problem. And I 23 think the way we should deal with it is 24 legislation that I have introduced in the 25 Assembly, which is now carried by Senator

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(518) 371-8910 1 Fuschillo, which would notify individuals if 2 they were a victim of identity theft. 3 I think the only way we can get 4 corporate America, as well as our state, to 5 take this issue seriously is to require them 6 to notify people if their information is 7 taken. Clearly there is not one corporation 8 in the United States right now that has their 9 own policy in requiring to notify people if 10 information is taken off their computers. 11 So I think that will have a 12 tremendous chilling effect on the entire 13 industry. And I hope that the legislation I 14 talked about, actually notifying individuals 15 if they're the victim of identity theft, comes 16 to fruition in this house. 17 ACTING PRESIDENT MEIER: Any 18 other Senator wish to be heard on the bill? 19 The debate is closed, then. 20 The Secretary will ring the bells. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT MEIER: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MEIER: Senator 4 DeFrancisco, to explain his vote. 5 SENATOR DeFRANCISCO: I'm going 6 to vote aye on this bill. 7 And I think some of the objections 8 of Senator Schneiderman have been addressed by 9 a brilliant suggestion by Senator Golden as 10 far as the word "knowingly." 11 The other point is one of the 12 problems that Senator Schneiderman mentioned 13 was that it's too open-ended. But the bill 14 does say that the penalty goes into effect or 15 the statute is applicable when these records 16 are used in the furtherance of committing a 17 crime. I think that does state that the 18 records have to be used to help facilitate the 19 crime, and it's already an element. 20 Also, this is just one remedy. I 21 mean, obviously there's an administration that 22 should be doing everything they can to prevent 23 hacking of government information. And the 24 other bill that was mentioned, the Fuschillo 25 bill, is another component.

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(518) 371-8910 1 So I don't think any of these are 2 mutually exclusive. I think we need all of 3 them. And I vote aye. 4 ACTING PRESIDENT MEIER: Senator 5 DeFrancisco will be recorded in the 6 affirmative. 7 Senator Fuschillo, to explain his 8 vote. 9 SENATOR FUSCHILLO: Thank you, 10 Mr. President. Let me just add my support to 11 this legislation and compliment my colleague. 12 As a victim of identity theft some 13 two years ago, it is a terrible experience for 14 anybody to go through, when you come home one 15 day and you find a couple of Gateway computers 16 on your door, with the Federal Express truck 17 outside. And I happened to be by there. And 18 when I denied them, when I checked with 19 Gateway, somebody had my Social Security 20 number and all my personal information. 21 So I compliment Senator Golden on 22 this. 23 And to respond to Senator Klein, we 24 have come pretty close in the "Comprehensive 25 Computer Breach Bill," in response to

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(518) 371-8910 1 ChoicePoint, because we as a state should have 2 a law that's similar to California, that when 3 a computer is stolen and an individual's 4 personal information is in there, that 5 individual should be notified in an 6 expeditious manner. 7 Because in my case, once I was a 8 victim of identity theft, contacting the 9 police and being the chair of Consumer 10 Protection, you know a little bit what to do 11 when your identity is stolen. And the best 12 thing to do is time has to be on your side, 13 where you have to contact the credit bureaus, 14 the credit checks immediately. But the 15 penalties in our state don't go far enough. 16 So my compliments to Senator 17 Golden, and I'll be voting in the affirmative 18 on this legislation. 19 ACTING PRESIDENT MEIER: Senator 20 Fuschillo will be recorded in the affirmative. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar 221 are Senators 25 Andrews, Brown, Connor, Dilan, Duane,

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(518) 371-8910 1 Gonzalez, Hassell-Thompson, L. Krueger, 2 Montgomery, Parker, Paterson, Sabini, Savino, 3 Schneiderman and A. Smith. Also Senator 4 Breslin. Also Senator Stavisky. Also Senator 5 Serrano. 6 Ayes, 41. Nays, 18. 7 Absent from voting on Calendar 8 Number 221, Senator Maltese. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 684, by Senator Maziarz, Senate Print 4185, an 13 act to amend the Workers' Compensation Law, in 14 relation to the penalty for failure to post. 15 ACTING PRESIDENT MEIER: Senator 16 Onorato. 17 SENATOR ONORATO: Mr. President, 18 I believe we have an amendment at the desk. I 19 would waive its reading and have an 20 opportunity to explain the amendment. 21 ACTING PRESIDENT MEIER: Senator, 22 your amendment is at the desk. The reading is 23 waived, and you're recognized for the purpose 24 of explaining your amendment. 25 SENATOR ONORATO: Okay. Well,

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(518) 371-8910 1 this is supposedly a hostile amendment, but I 2 really clarify it as a very friendly 3 amendment. 4 This amendment increases the 5 maximum amount of workers' compensation 6 benefits to $600 per week beginning October 1, 7 2005, and subsequently increases the benefits 8 to 100 percent of the state's average weekly 9 wage, and subsequently upon the commencement 10 of the next workers' compensation premium 11 billing cycle. 12 Each year some 135,000 workers in 13 New York State establish New York workers' 14 compensation claims because they are hurt or 15 become ill on the job. The impact of these 16 injuries and illnesses is devastating on the 17 workers and their families. They must face 18 hardships coping with their healing and 19 disability as well as the loss of income and 20 the dignity that working brings. 21 It has been 13 years since benefits 22 for workers injured on the job have been 23 increased. In 1992, the maximum benefit of 24 $400 was 66 percent of New York's average 25 weekly wage. Today, that same $400 maximum

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(518) 371-8910 1 benefit, which just 3 percent of injured 2 workers collect, is only 44 percent of the 3 average weekly wage. 4 And while New Yorkers' maximum 5 weekly benefit is among the lowest in the 6 country, the cost of living in New York State 7 is among the highest in the country. 8 And according to the National 9 Association of Insurance Commissioners, the 10 average profit for workers' compensation to 11 insurance companies was 14.3 percent. Compare 12 that to the average profit margin on auto 13 insurance companies of 5.5 percent and 14 homeowner's insurance of 5.4 percent. 15 Clearly, the insurance industry is making an 16 adequate return on these policies. 17 Injured workers need these 18 increases. Tying the maximum workers' comp 19 award to the state's weekly average week wage 20 is a fair standard that would automatically 21 adjust the award without further recourse to 22 the Legislature. 23 And also, we have also been remiss 24 in some of our most seriously compromised 25 people who are on workers' compensation that

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(518) 371-8910 1 haven't had a raise since they've been on 2 it -- in some cases, 20 to 25 years. We 3 certainly take care of our city and state and 4 federal workers with cost-of-living increases 5 to their pension benefits, but we completely 6 forget the most seriously injured in our 7 community, those who need the assistance the 8 most. 9 So I would urge everyone to support 10 this amendment. 11 Thank you, Mr. President. 12 ACTING PRESIDENT MEIER: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Mr. President. On the amendment. 16 I think it's appropriate today, 17 since we just honored a group of extraordinary 18 public servants, the firefighters, to 19 recognize the fact that what the working men 20 and women of this state need, as Senator 21 Onorato just pointed out -- it's nice to have 22 a resolution, but it's better to have good 23 pay, it's better to have a worker's 24 compensation law that will actually protect 25 you if you're injured on the job.

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(518) 371-8910 1 And it's good to have pro-labor 2 bills like the permanent agency shop bill that 3 we urge the house to move on every year and 4 that unfortunately appears to be passing the 5 Assembly once again without action in this 6 house. 7 So I would urge everyone to support 8 this amendment and for us to make a commitment 9 not to adjourn this summer without addressing 10 the needs of New York State's working men and 11 women, including our public servants but also 12 those in the private sector who clearly cannot 13 support their families on the current workers' 14 compensation payment schedule. 15 Thanks to Senator Onorato for this 16 amendment. I encourage everyone to vote yes. 17 ACTING PRESIDENT MEIER: On the 18 amendment, those Senators in agreement please 19 signify by raising your hands. 20 THE SECRETARY: Those in 21 agreement with the amendment are Senators 22 Andrews, Breslin, Brown, Connor, Diaz, Dilan, 23 Duane, Gonzalez, Hassell-Thompson, Klein, 24 L. Krueger, C. Kruger, Montgomery, Onorato, 25 Oppenheimer, Parker, Paterson, Sabini,

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(518) 371-8910 1 Sampson, Savino, Schneiderman, Serrano, 2 A. Smith, M. Smith, Stachowski, Stavisky and 3 Valesky. 4 ACTING PRESIDENT MEIER: The 5 amendment is not agreed to. 6 Any other member wish to speak on 7 the bill? 8 Debate is closed, then. 9 The Secretary will sound the bells. 10 Members are asked to come to the 11 chamber for a vote. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MEIER: Senator 19 DeFrancisco, to explain his vote. 20 SENATOR DeFRANCISCO: I'm voting 21 no. 22 And I really don't see the 23 rationale behind doubling the penalty for 24 failing to put a notice up. Many businesses 25 put many notices up in many locations. And

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(518) 371-8910 1 because one or two is not there -- this is, I 2 think, an undue burden. 3 I think $250 is plenty of a 4 penalty, and there's other remedies that would 5 be much more effective in notifying workers of 6 their rights than doubling a fine. 7 ACTING PRESIDENT MEIER: Senator 8 DeFrancisco will be recorded in the negative. 9 Senator Alesi, to explain his vote. 10 SENATOR ALESI: Thank you, I'd 11 like to explain my vote as well. 12 Mr. President, with all respect to 13 the attempt to protect workers with workers' 14 compensation to make sure that they are 15 clearly advised that their employer in fact 16 carries the insurance, the requirement of $250 17 is sufficient, in my estimation. Especially 18 when we're trying to understand that in 19 New York State we want to attract business, we 20 want to preserve business. And doubling this 21 does really nothing except put money into the 22 uninsured fund, on the one hand. 23 But on the other hand, if you read 24 the bill, you'll see that this applies to 25 anybody that -- if they have a number of

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(518) 371-8910 1 vehicles, that notices have to be posted in 2 the vehicles. 3 It would be extremely burdensome to 4 anybody that owns a fleet of vehicles, for 5 example, to find that a driver or somebody 6 else, a passenger or anybody, just ripped 7 something off of it and as a result of that 8 the owner of that business would have to pay 9 not just $250 per occurrence, but $500 per 10 occurrence. 11 I think it's almost reminiscent of 12 the radar-trap mentality of the Cuomo years. 13 And for that reason, if nothing else, I'm 14 voting no on this bill. 15 ACTING PRESIDENT MEIER: Senator 16 Alesi will be recorded in the negative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 684 are 21 Senators Alesi, DeFrancisco, Larkin, Meier, 22 Rath, Robach, Saland and Seward. Also Senator 23 Golden. 24 Ayes, 50. Nays, 9. 25 Absent from voting on Calendar

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(518) 371-8910 1 Number 684, Senator Maltese. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 Senator Skelos, that completes the 5 controversial reading of the calendar. 6 SENATOR SKELOS: Thank you, Mr. 7 President. 8 Is there any further business to 9 come before the Senate? 10 ACTING PRESIDENT MEIER: There is 11 no further business at the desk, Senator. 12 SENATOR SKELOS: There being 13 none, I move we stand adjourned until 14 Wednesday, May 11th, at 11:00 a.m. 15 ACTING PRESIDENT MEIER: On 16 motion, the Senate stands adjourned until 17 Wednesday, May 11th, at 11:00 a.m. 18 (Whereupon, at 4:24 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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