Wednesday, May 11, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 11, 2005 11 11:08 a.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: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 10, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 9, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you, 9 Madam President. 10 THE PRESIDENT: You're welcome. 11 SENATOR FUSCHILLO: On page 12 number 32 I offer the following amendments to 13 Calendar Number 543, Senate Print Number 2602, 14 and ask that said bill retain its place on 15 Third Reading Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 SENATOR FUSCHILLO: On page 20 Number 43, I offer the following amendments to 21 Calendar Number 699, Senate Print Number 4888, 22 and ask that said bill retain its place on 23 Third Reading Calendar. 24 THE PRESIDENT: Those amendments 25 are also received, and the bill will retain

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(518) 371-8910 1 its place on the Third Reading Calendar. 2 SENATOR FUSCHILLO: Thank you. 3 THE PRESIDENT: Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 I believe there's a resolution at the desk, 6 1807, by Senator Padavan. Could we have the 7 title read and move for its immediate 8 adoption. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator 12 Padavan, Legislative Resolution Number 1807, 13 mourning the untimely death of Lance Corporal 14 Michael Postal of Glen Oaks, Queens, and 15 paying tribute to his courageous actions as a 16 member of the United States Marines. 17 THE PRESIDENT: All in favor 18 please signify by saying aye. 19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The resolution is 23 adopted. 24 Senator Skelos. 25 SENATOR SKELOS: Madam President,

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(518) 371-8910 1 I believe there are substitutions to be made 2 at this time. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: On page 33, 6 Senator Marcellino moves to discharge, from 7 the Committee on Local Government, Assembly 8 Bill Number 5745 and substitute it for the 9 identical Senate Bill Number 2367, Third 10 Reading Calendar 568. 11 THE PRESIDENT: Substitution 12 ordered. 13 THE SECRETARY: And on page 5, 14 Senator Spano moves to discharge, from the 15 Committee on Health, Assembly Bill Number 5488 16 and substitute it for the identical Senate 17 Bill Number 3007, First Report Calendar 874. 18 THE PRESIDENT: Substitution also 19 ordered. 20 Senator Skelos. 21 SENATOR SKELOS: Madam President, 22 there's a Resolution 1808 at the desk by 23 Senator Paterson. Could we have it read in 24 its entirety and move for its immediate 25 adoption.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Paterson, Legislative Resolution Number 1808, 5 paying tribute to the life and accomplishments 6 of Kenneth Clark, psychologist, educator and 7 civil rights activist. 8 "WHEREAS, It is the sense of this 9 Legislative Body to honor the lives of those 10 esteemed individuals of great prestige who 11 distinguished themselves through their life's 12 work; and 13 "WHEREAS, Kenneth B. Clark, an 14 educator and psychologist who spent his life 15 working for racial integration and improvement 16 in the education of black children, died on 17 Sunday, May 1, 2005. He was 90 years old; and 18 "WHEREAS, Kenneth Bancroft Clark 19 was born July 24, 1914, in the Panama Canal 20 Zone where his father was a passenger agent 21 for the United Fruit Company. When Kenneth 22 was five, his mother insisted on moving him 23 and his younger sister to New York City; and 24 "WHEREAS, Kenneth Clark attended 25 Howard University, where one of his

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(518) 371-8910 1 instructors, Ralph J. Bunche, became a major 2 influence. He earned his master's degree from 3 Howard University, married fellow student 4 Marnie Phipps, and both earned doctorates in 5 psychology at Columbia University; and 6 "WHEREAS, Kenneth Clark took part 7 in research that contributed to Swedish 8 economist Gunnar Myrdal's classic study of 9 race relations, An American Dilemma, and then 10 became an instructor in the psychology 11 department at City College in 1942. In 1946, 12 he and his wife formed what became the 13 Northside Center for Child Development to 14 treat children with personality disturbances. 15 He served as a consultant to the personnel 16 department of the U.S. State Department during 17 the 1960s; and 18 "WHEREAS, Kenneth Clark's 19 pioneering study on the effects of the racial 20 discrimination was cited by the U.S. Supreme 21 Court in its historic 1954 ruling in Brown v. 22 Board of Education, which declared segregation 23 in public schools unconstitutional; and 24 "WHEREAS, Kenneth Clark was the 25 first black professor to gain tenure at the

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(518) 371-8910 1 City University of New York and was a 2 distinguished professor emeritus at City 3 College. He also taught at Harvard, Columbia, 4 and the University of California; and 5 "WHEREAS, at one point, Kenneth 6 Clark fought for decentralization of New York 7 City schools. He never abandoned his belief 8 in the importance of education in overcoming 9 racism; and 10 "WHEREAS, For twenty years, Kenneth 11 Clark served on the New York State Board of 12 Regents, which oversees public education in 13 the state. He was sometimes described as the 14 conscience of the board. In 1950, Clark 15 prepared a study which showed that school 16 segregation marred the development of white as 17 well as black students. The Supreme Court 18 cited those findings in its unanimous 1954 19 decision; and 20 "WHEREAS, Thirty years after that 21 landmark ruling, Kenneth Clark described 22 himself as 'bewildered' at the persistence of 23 de facto segregation and the inferior 24 education for many blacks. After retiring 25 from the Board of Regents, he set up a

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(518) 371-8910 1 consulting company in Westchester County; and 2 "WHEREAS, Kenneth Clark's books 3 included Prejudice and Your Child and Dark 4 Ghetto. He was a past president of the 5 American Psychological Association. Among his 6 honors were the NAACP's prestigious Spingarn 7 Medal in 1961 and the Four Freedoms award in 8 1985; and 9 "WHEREAS, Predeceased by his wife 10 in 1983, Kenneth Clark is survived by his 11 daughter, Kate, and his son, Hilton; now, 12 therefore, be it 13 "RESOLVED, That this Legislative 14 Body pause in its deliberations to pay tribute 15 to the life and accomplishments of Kenneth 16 Clark, psychologist, educator and civil rights 17 activist; and be it further 18 "RESOLVED, That a copy of this 19 resolution, suitably engrossed, be transmitted 20 to the family of Kenneth Clark." 21 THE PRESIDENT: Senator Paterson. 22 SENATOR PATERSON: Good morning, 23 Madam President. 24 THE PRESIDENT: Good morning, 25 Senator.

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(518) 371-8910 1 SENATOR PATERSON: This is a very 2 exciting moment for me to talk about the life 3 of Kenneth Clark, who died at the age of 90 on 4 May 2nd. 5 Mr. Clark was a noted psychologist 6 and educator. He was the first 7 African-American to be tenured at City 8 College. He was the first African-American to 9 receive a doctorate in psychology from 10 Columbia University. Columbia University's 11 psychology department had once said that 12 African-Americans were incapable of being 13 educated, in a paper in 1857. So Kenneth 14 Clark certainly answered that with his great 15 distinction: First African-American member of 16 the New York Board of Regents. 17 The New York Times, writing about 18 Kenneth Clark, said that he fought white 19 supremacy and black separatists equally 20 because he felt that a racist society 21 dehumanizes people and can only destroy the 22 modern concept of democracy. 23 Dr. Kenneth Clark's greatest 24 distinction was probably that he conducted the 25 famous study that was used in the Brown vs.

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(518) 371-8910 1 Board of Education decision in 1954. This 2 decision held that separate was inherently 3 unequal and reversed the case of Plessy vs. 4 Ferguson, 1896, that not only held that 5 separate -- 6 THE PRESIDENT: I'm going to ask 7 the members to please take their conversations 8 out of the chambers. 9 Senator Paterson, go ahead. 10 SENATOR PATERSON: Thank you, 11 Madam President. 12 THE PRESIDENT: You're welcome. 13 SENATOR PATERSON: -- that 14 separate could be equal but mandated it as 15 law, Plessy vs. Ferguson of 1896. 16 Dr. Clark's psychological 17 experiment was something he was asked to do by 18 the lawyer Thurgood Marshall and those who 19 fought the Brown vs. Board of Education case 20 in 1954. 21 THE PRESIDENT: Excuse me, 22 Senator. 23 Could we please have order in the 24 chamber. 25 SENATOR PATERSON: Thank you,

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(518) 371-8910 1 Madam President. 2 THE PRESIDENT: Thank you. Go 3 ahead, Senator. 4 SENATOR PATERSON: By the way, 5 was it me that you wanted to stop talking or 6 someone else? 7 THE PRESIDENT: Certainly not 8 you. So that you could be heard. 9 Go ahead, Senator. 10 SENATOR PATERSON: But it is a 11 sad moment whenever someone who is this 12 distinguished loses their life. 13 But really, it was a life lived 14 very well in Hastings-on-Hudson where he 15 lived, now capably represented by Senator Nick 16 Spano, and one in which he ran a consulting 17 company for the last 18 years of his life in 18 the area of education. 19 One of the poignant moments of my 20 service here in the State Senate was in my 21 first year, in 1986, when Dr. Clark resigned 22 from the New York State Board of Regents and, 23 citing the bill of particulars of what he 24 thought was still wrong in the educational 25 system, engaged in some self-examination like

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(518) 371-8910 1 that I have never seen. 2 He considered it to be his fault 3 that we had not equalized the education 4 funding in districts around the state. He saw 5 it as his fault that students graduating from 6 high school in New York City were graduating 7 at a rate of 42 percent at that time. He 8 thought it was his fault that over 200,000 9 children were in special education, that we 10 were spending more on special education than 11 we were in our high school budget around the 12 state and were not getting equivalent results. 13 For someone that learned, that 14 able, that distinguished and that successful 15 to take that kind of position about himself 16 showed really what his true concern was, what 17 his true feeling was, and the type of man that 18 he was. 19 I knew him personally. I was 20 elected in the same week as his son, Hilton 21 Clark, who was the New York City Council 22 member from Harlem, where I represent, from 23 1985 to 1989. 24 Dr. Clark had a consulting firm, 25 Clark-Phipps. I got to talk with him on a

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(518) 371-8910 1 number of occasions. This was an outstanding 2 individual who some of the members here who 3 were here from some years ago would remember 4 him and his service on the Board of Regents. 5 We will miss him, but we will miss his service 6 even more. 7 He also was the professor of a 8 former colleague, also deceased, Leonard 9 Stavisky. 10 This is someone whose distinction 11 is probably not fully appreciated by our 12 society, but every day we benefit from the 13 work that Dr. Kenneth Clark provided. 14 Thank you, Madam President, and 15 thank all of you for listening. 16 THE PRESIDENT: Senator Stavisky. 17 SENATOR STAVISKY: Very briefly, 18 Madam President. 19 Back in the early 1940s, my husband 20 was a student of Professor Clark at City 21 College, when at the age of 16 my husband 22 started City College. And in his freshman 23 year, he took psychology. And Kenneth Clark 24 was a young instructor in the psychology 25 department at City College.

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(518) 371-8910 1 And there's very little that I can 2 add to what Senator Paterson has said about 3 this remarkable man. But I must tell you that 4 one of Leonard's proudest moments was 5 Dr. Clark's appointment to the New York State 6 Board of Regents. He served with distinction 7 and with honor, not only on the Regents but 8 also on the CUNY faculty. 9 His academic pedigree is a lengthy 10 one, an impressive one. The only thing I can 11 add is that his work with race relations 12 became a very important part of Gunnar 13 Myrdal's study in The American Dilemma, which 14 also was part of the Brown vs. Board of 15 Education lawsuit in 1954. 16 And so I'm delighted to join 17 Senator Paterson in commemorating the 18 achievements of Professor Clark. 19 THE PRESIDENT: Senator Parker. 20 SENATOR PARKER: Madam 21 Chairman -- Madam President, I'm sorry, on the 22 resolution. 23 This is a truly important 24 resolution for many of us here. 25 You know, we walk through the halls

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(518) 371-8910 1 of the Capitol and through Albany and we, you 2 know, go into the restaurants in Albany and we 3 just sit down with our colleagues and we have 4 dinner and, you know, use the same restrooms. 5 And, you know, as we talk about funding for 6 our schools, you know, we understand that, you 7 know, there's white children and black 8 children sitting in the same schools with 9 Asian children and children from all over the 10 world, and we take it for granted. 11 We look around this chamber and we 12 see, you know, people from all walks of life 13 here. And that was something that really was 14 not always the case. 15 And so I stand here really honoring 16 a man whose shoulders I stand on. That's 17 literally, that I would not have an 18 opportunity to stand here before you having an 19 opportunity to speak in this chamber as a 20 member of this body if it wasn't for the work 21 of Kenneth Clark. 22 And so we stand, all of us who were 23 beneficiaries of the Brown vs. Board ruling, 24 we stand as living monuments of and testaments 25 to the work that Dr. Clark did. That before

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(518) 371-8910 1 Dr. Clark, no one -- people had talked about 2 racism, people had talked about the impact of 3 economic and political exclusion for 4 African-Americans in this country. But people 5 really did not have any significant grasp on 6 what it meant to people psychologically. 7 The fact that he created this white 8 doll/black doll test, and this really had 9 become the basis for which Thurgood Marshall 10 used to fight Brown vs. Board was really 11 monumental and really groundbreaking at the 12 time. 13 And we must not forget that this 14 was something that really in a lot of ways has 15 not changed. There are a number of 16 psychologists who are doing this kind of work 17 now and finding that the vestiges of racism 18 still apply psychologically to 19 African-Americans all over this country. 20 And so as we honor Dr. Clark's 21 achievements and we thank him for all the work 22 that he has done -- not for himself, but for 23 this society. And not just for 24 African-Americans. Because the work he did in 25 Brown v. Board was not just important for

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(518) 371-8910 1 African-Americans, it was important for the 2 progress of this country, that you would not 3 have all of the things that we have now, as 4 even we look at some of the people -- whether 5 we like them or not, the Condoleezza Rices and 6 the Colin Powells, we would not be able to 7 point to these folks -- the Randy Danielses -- 8 if it was not for the work of Kenneth Clark. 9 And, Dr. Clark, we remember you and 10 we thank you on this day and hope that we 11 continue to live his work and live his legacy 12 as we go forward and do the work in this 13 chamber. 14 Thank you. 15 THE PRESIDENT: Senator Marchi. 16 SENATOR MARCHI: Madam President, 17 there's no question that he was a giant, a 18 giant. Not just one of many, but the real 19 initiator, the one who gave it a spark and 20 significance at a time when that sponsorship 21 was so important. 22 So I remember him fondly and join 23 with my colleagues in hailing his unique 24 contributions at that time, which then proved 25 to be very acceptable and easy for people to

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(518) 371-8910 1 identify with. But he did it when it was not 2 quite that popular. 3 And I remember him fondly, and I do 4 hope that he gets the enthusiastic backing of 5 this body. 6 THE PRESIDENT: Senator LaValle. 7 SENATOR LaVALLE: Thank you, 8 Madam President. 9 I got to know Ken Clark as a member 10 of the Board of Regents, and I just wanted to 11 focus on that for a bit. 12 During the early 1970s, the 13 Legislature viewed the Board of Regents as a 14 body that was somewhat elite. And so it began 15 a process -- and as a matter of fact, Senator 16 Leonard Stavisky, who was chairman of the 17 Education Committee, I was at the time the 18 director of the Education Committee in the 19 early 1970s, we actually developed the 20 beginning of the first process of screening 21 people for the Board of Regents. 22 Because prior to that, members were 23 almost like the pope -- a puff of white smoke 24 appeared and leaders kind of got together and 25 we had a member of the Board of Regents.

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(518) 371-8910 1 But for whatever reason, at the end 2 of the 1970s and the early 1980s, people 3 thought that maybe we went too extreme. We 4 went from an elite board to not such an elite 5 board. 6 But everyone always said the 7 template for a member of the Board of Regents 8 was Ken Clark. That was always said: "That's 9 what we want on the Board of Regents, people 10 like Ken Clark." 11 When you met Ken Clark, you would 12 not know from his demeanor that he was 13 literally an education giant and someone who 14 was keenly involved in education policy. And 15 it's always great to meet someone like that 16 who truly is elite, is a leader, because they 17 don't have to have a sign on their chest, "I'm 18 the greatest, I'm the best." He just did it 19 by his action. 20 And to this day, yes, we want 21 people like Ken Clark on the Board of Regents. 22 Thank you, Madam President. 23 THE PRESIDENT: Senator Ada 24 Smith. 25 SENATOR ADA SMITH: Thank you,

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(518) 371-8910 1 Madam President. 2 As a young woman I had the distinct 3 pleasure of serving as a legislative aide to 4 the late, great Congresswoman Shirley 5 Chisholm. 6 And Shirley Chisholm had a profound 7 interest in education. And she considered 8 Dr. Kenneth Clark one of her mentors and 9 advisors. And oftentimes in our office on 10 Fulton Street in Brooklyn, Dr. Clark would 11 come in or I would be sent to meet with him to 12 discuss some matter that she was interested in 13 in the halls of Congress. 14 He was never too busy to explain to 15 this young aide the intricacies of what it was 16 that they were attempting to do. He always 17 had the time, the patience, and he did it in 18 such a manner that made all of us feel that we 19 were quite important. 20 I will never forget Dr. Clark and 21 his brilliant wife, because both of them have 22 added to the African-American culture of this 23 great state. 24 Thank you. 25 THE PRESIDENT: Senator Spano.

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(518) 371-8910 1 SENATOR SPANO: Thank you, Madam 2 President. 3 There's a lot been said, but one 4 perspective that I'd like to highlight about 5 Ken Clark is the work that he did for 6 children's services and for kids who had some 7 severe emotional or behavioral problems. 8 We have many facilities across the 9 state who continue to be plagued with kids who 10 have no place else to go, where they have gone 11 through a system that has been an inattentive 12 system, that has allowed them to fall through 13 the cracks. 14 And it's people like Ken Clark who, 15 before it was fashionable, a couple of decades 16 ago, started to look at, as a psychologist, 17 the issues of children's services. And I know 18 that in Westchester, a new building at 19 St. Christopher's School, which is a special 20 ed school in Dobbs Ferry, will be named after 21 him, and rightfully so. 22 So we should look at the history of 23 a man who was an inspiration, who took a look 24 at issues impacting all of our communities, 25 but particularly impacting the children, as

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(518) 371-8910 1 they represent our future. And we should take 2 a look at that legacy, which is one that we 3 could all be very proud of. 4 Thank you. 5 THE PRESIDENT: The question is 6 on the resolution. All in favor please 7 signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Thank you, Madam 15 President. 16 If we could go to the 17 noncontroversial reading of the calendar. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 462, by Senator Skelos, Senate Print 3507, an 22 act to amend Chapter 549 of the Laws of 2000 23 amending the Civil Rights Law and others. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 59. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 465, by Senator Saland, Senate Print 3510, an 10 act to amend the Penal Law, in relation to 11 obstructing telephonic or electronic 12 communication. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 59. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 502, by Senator Wright, Senate Print 2536, an 25 act to amend the Tax Law, in relation to the

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(518) 371-8910 1 imposition of sales and compensating use 2 taxes. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 503, by Senator Volker, Senate Print 2544, an 14 act to amend the Tax Law, relation to 15 extending the authorization. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 505, by Senator Farley, Senate Print 2624, an 2 act to amend the Tax Law, in relation to the 3 mortgage recording tax. 4 THE PRESIDENT: There is a local 5 fiscal impact note at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. Nays, 12 1. Senator Valesky recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 517, by Senator Libous, Senate Print 3458, an 17 act to amend the Tax Law, in relation to 18 extending. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 562, by Senator Saland, Senate Print 318, an 5 act to amend the Criminal Procedure Law, in 6 relation to the duration. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the 30th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 566, by Senator Meier, Senate Print 4031, an 18 act to amend the Criminal Procedure Law, in 19 relation to final orders of protection. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of 24 November. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 617, by Senator Leibell, Senate Print 3627, an 7 act to amend the Criminal Procedure Law, in 8 relation to recognizance or bail. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator 17 Montgomery, to explain your vote. 18 SENATOR MONTGOMERY: Yes, Madam 19 President, to explain my vote. 20 I have in my notes that the bill 21 passed 62 to 0 in the past. I'm going to 22 certainly change my vote on this bill, in the 23 event that I did vote for it. 24 I think it is quite a dramatic 25 change in the law, and essentially it is going

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(518) 371-8910 1 capture teenagers below the age of 18. And I 2 find that it has the danger of really being 3 used primarily because the law now covers 4 anyone 18 or older, so we're shifting now to 5 capture younger and younger people. 6 So I'm going to vote no on this 7 legislation. And I would invite my colleagues 8 to join me, because I think this is not what 9 we want to do for teenagers in our state. 10 Thank you. 11 THE PRESIDENT: You will be 12 recorded in the negative on this vote, Senator 13 Montgomery. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Ayes, 57. Nays, 17 2. Senators Hassell-Thompson and Montgomery 18 recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 624, by Senator Volker, Senate Print 3911, an 23 act to amend the Penal Law, in relation to 24 trespassing. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 624 are 9 Senators Duane and Montgomery. Also Senator 10 Hassell-Thompson. 11 Ayes, 56. Nays, 3. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 667, by Senator Trunzo, Senate Print 3573, an 16 act in relation to authorizing the assessor of 17 the Town of Islip. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. Nays, 25 1. Senator Bonacic recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 668, by Senator Trunzo, Senate Print 3648, an 5 act in relation to authorizing the assessor of 6 the Town of Islip. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Bonacic recorded in the negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 688, by Senator Maziarz, Senate Print 4949, an 19 act to amend the Labor Law, in relation to 20 requiring employers. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 696, by Senator Skelos, Senate Print 2526, an 7 act to amend the General Business Law, in 8 relation to reducing. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the 60th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 696 are 17 Senators Duane, Hassell-Thompson, and 18 Montgomery. 19 Ayes, 56. Nays, 3. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 697, by Senator Skelos, Senate Print 2527, an 24 act to amend the General Business Law, in 25 relation to the rate of interest.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 697 are 9 Senators Duane, Hassell-Thompson, L. Krueger, 10 and A. Smith. 11 Ayes, 55. Nays, 4. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 698, by Senator Skelos, Senate Print 3371, an 16 act to amend the General Business Law, in 17 relation to sales of unclaimed pledges. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 60th day. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 698 are

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(518) 371-8910 1 Senators Diaz, Duane, Hassell-Thompson, 2 L. Krueger, Montgomery, Sabini, Savino and 3 A. Smith. 4 Ayes, 51. Nays, 8. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 703, by Senator Marcellino, Senate Print 9 2822A, an act to amend the Environmental 10 Conservation Law, in relation to prohibiting 11 online shoots. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Little, 19 to explain your vote. 20 SENATOR LITTLE: Thank you, Madam 21 President. 22 I would just like to stand in 23 regard to this bill on behalf of the sportsmen 24 of New York State. This bill is an insult to 25 any sportsman. What it does is it allows

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(518) 371-8910 1 online hunting, where a person sits like a 2 video machine in front of their computer and, 3 with the mouse, can actually make a gun go off 4 and kill an animal at another location. 5 This bill would prohibit any of 6 those -- 7 SENATOR MARCELLINO: I believe 8 you misspoke, Senator. 9 THE PRESIDENT: Senator, she has 10 the right to explain her vote at this time. 11 We're on the noncontroversial calendar. 12 SENATOR MARCELLINO: Senator, I 13 think you misunderstood the bill. 14 THE PRESIDENT: You may proceed, 15 Senator Little. 16 SENATOR LITTLE: I just want to 17 say that all of the sportsmen are against this 18 bill, and I support this bill very much. This 19 is a thing that we should be doing in New York 20 State. 21 Thank you. 22 THE PRESIDENT: Senator 23 Marcellino, do you wish to explain your vote? 24 SENATOR MARCELLINO: This bill 25 bans the act of online hunting. And the

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(518) 371-8910 1 sportsmen support this bill, my bill, and are 2 opposed to online hunting. 3 I think that's what you meant to 4 say, Senator. They're opposed to online 5 hunting, the sportsmen. 6 SENATOR LITTLE: I'm sorry. 7 Right. And they support this bill. They 8 consider this online hunting an insult. 9 SENATOR MARCELLINO: I agree with 10 you. 11 THE PRESIDENT: Senators, you 12 will both be recorded as voting in the 13 affirmative on this bill. 14 Senator Krueger. 15 SENATOR LIZ KRUEGER: Thank you, 16 to also explain my vote. 17 I also support this bill. But I 18 want to highlight for my colleagues that many 19 of us also supported a bill to end canned 20 hunting in the State of New York, the model 21 that I think also the sportsmen generally 22 opposed, where we place wild animals, who have 23 been usually retired from zoos and other 24 activities, in small enclosures and then in 25 fact allow shooting at them on-site.

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(518) 371-8910 1 So while this bill would not allow 2 the truly despicable practice of somebody 3 sitting at their Internet site aiming 4 machinery to kill animals in a penned-up 5 setting, that this house has passed before, as 6 has the other house, a bill that would 7 actually outlaw this kind of canned hunting 8 throughout New York State on-premises, and 9 that the Governor had vetoed this bill. 10 And I would urge us to bring that 11 bill back to the floor and to expand our 12 commitment to ensuring that cruelty is not 13 allowed under the pretend auspices of an 14 activity that some call hunting which is not 15 hunting. 16 So I will be voting in the 17 affirmative. Thank you, Madam President. 18 THE PRESIDENT: You will be so 19 recorded as voting in the affirmative. 20 Senator Volker. 21 SENATOR VOLKER: Madam President, 22 to explain my note. 23 I think just about every 24 sportsman's group supports this bill, 25 including the NRA. But this has nothing to do

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(518) 371-8910 1 with canned hunting. And what you described 2 as canned hunting, there's about two places in 3 the state that do that. 4 Canned hunting that the bill would 5 have banned is huge enclosures and all sorts 6 of other places, where the so-called canned 7 hunting is supported by every sportsman's 8 group I know. And the only people that really 9 oppose the so-called broad canned hunting are 10 people that really don't understand what it is 11 to be involved in hunting. 12 This bill is what they call 13 indirect and exiled hunting, where somebody 14 pushes a button. Canned hunting, by the way, 15 is entirely different. 16 And if you want to put in a bill, I 17 suppose, that says that you can't have exotic 18 animals in some enclosure or something 19 specifically, which is about two places, I 20 think, in the state, I suppose you could do 21 that. 22 But all sportsmen, I think, support 23 canned hunting, but all sportsmen also oppose 24 this bill -- or support this bill, I'm sorry. 25 I vote aye.

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(518) 371-8910 1 THE PRESIDENT: Senator, I assume 2 you're voting in the affirmative. 3 SENATOR VOLKER: Yes. 4 THE PRESIDENT: You will be so 5 recorded as voting in the affirmative. 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you. 8 Not to belabor the point, but I do 9 want to call to the attention of my esteemed 10 colleague behind me -- not in terms of 11 progress, but in terms of seating -- that in 12 fact there is a direct connection between 13 canned hunting and this. 14 The ranch, so-called ranches that 15 advertise for this Internet hunting are in 16 fact canned hunting sites where they have 17 these exotic wild animals trapped inside a 18 perimeter. 19 The difference is you get to shoot 20 them through the Internet here, and in 21 so-called canned hunting that some of us are 22 trying to ban in New York, you get to actually 23 walk around in this enclosed perimeter where 24 these exotic animals are trapped. 25 So this is essentially outsourced

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(518) 371-8910 1 canned hunting, but it is very much related. 2 And I do hope that as we go forward, we will 3 revisit the issue of canned hunting again in 4 this house. 5 Thank you, Madam President. 6 THE PRESIDENT: Senator, you're 7 voting in the affirmative? 8 SENATOR SCHNEIDERMAN: You bet. 9 I'm voting with the NRA today, Madam 10 President. 11 (Laughter.) 12 THE PRESIDENT: And you will be 13 so recorded. I didn't hear that. 14 Senator Padavan. 15 SENATOR PADAVAN: Thank you, 16 Madam President. 17 I don't often disagree with my 18 colleague to my left here, but I do know a 19 little bit about hunting. And I'm the sponsor 20 of the bill that outlaws canned hunting in 21 this state. 22 And there is a correlation. And 23 it's unfortunate, while we're supporting 24 unanimously, I imagine, this wonderful piece 25 of legislation, that we have drifted into

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(518) 371-8910 1 another issue. But they're directly related. 2 Whether there are two or 20 3 facilities in this state where you can walk in 4 in an area, 10 acres or 20 acres, whatever it 5 may be, that's fenced in, where all kinds of 6 animals are fed by the owners of this 7 property, and go in there with a bow and arrow 8 or a weapon and shoot an animal -- that's no 9 more hunting than this is. And it's just the 10 taking of an animal's life without any 11 sportsmanship, without any chance, without any 12 reason. 13 And as a hunter, I find that 14 abominable. And hopefully we will get that 15 bill back here again. As you may recall, we 16 did pass it a couple of years ago. The 17 Governor did veto it. And we'll do it again 18 as soon as we're able. 19 I vote aye. 20 THE PRESIDENT: You will be so 21 recorded as voting in the affirmative, 22 Senator. 23 The Secretary will announce the 24 results. 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 776, by the Senate Committee on Rules, Senate 5 Print Number 3936, an act to amend the Tax 6 Law, in relation to continuing. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 777, by Senator Rath, Senate Print 4005, an 18 act to amend the Tax Law, in relation to 19 extending the expiration. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 811, by Member of the Assembly Brodsky, 6 Assembly Print Number 7099, an act to amend 7 the State Medical Care Facilities Finance 8 Agency Act. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Skelos, that completes the 19 reading of the calendar. 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. 23 Senator Paterson has requested 24 that, in accordance with the custom and 25 practice of the house, Senate Resolution 1808,

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(518) 371-8910 1 previously passed today, be opened up for 2 anyone who wants to be a sponsor. Anyone who 3 does not want to be should advise the desk. 4 Thank you. 5 THE PRESIDENT: Anyone who does 6 not wish to cosponsor the latter resolution 7 mentioned by Senator Schneiderman, please 8 notify the desk. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, Madam 11 President. 12 I have a very important 13 announcement to make. One of our most 14 vigorous and handsome members of the Senate, 15 today is his birthday: Senator Caesar Trunzo. 16 (Extended applause.) 17 THE PRESIDENT: Happy birthday, 18 Senator Trunzo, and best wishes. 19 SENATOR TRUNZO: You know, you 20 said "Hail Caesar," I heard the "Hail Caesar." 21 When people have something against 22 me, they go "The hell with Caesar." 23 (Laughter.) 24 SENATOR TRUNZO: So it goes both 25 ways.

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(518) 371-8910 1 But I appreciate it. Thank you 2 very much. And I'm going to be leaving now to 3 go home, because it's important. 4 THE PRESIDENT: Senator, on your 5 birthday, you're not out of order. 6 SENATOR TRUNZO: And so thank you 7 so much. I didn't expect this to happen. 8 In fact, I was told -- I was in 9 with Senator Bruno, and I was told the session 10 was over, so I just come in to get my 11 paperwork and go. 12 But that's it. Thank you again. 13 God bless all of you. Thank you. It's been a 14 great pleasure. Thirty-three years in the 15 Senate, and I'm still going. Thank you. 16 (Applause.) 17 THE PRESIDENT: Senator Skelos. 18 SENATOR SKELOS: Thank you very 19 much, Madam President. Is there any further 20 business? 21 THE PRESIDENT: No, there isn't, 22 Senator. 23 SENATOR SKELOS: There being no 24 further business to come before the Senate, I 25 move we stand adjourned until Monday,

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(518) 371-8910 1 May 16th, at 3:00 p.m., intervening days being 2 legislative days. 3 THE PRESIDENT: On motion, the 4 Senate now stands adjourned until Monday, 5 May 16th, 3:00 p.m., intervening days being 6 legislative days. 7 (Whereupon, at 11:49 a.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910