Monday, May 23, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 23, 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 Peter G. Young, from Blessed 12 Sacrament Church in Bolton Landing, New York. 13 REVEREND YOUNG: Let us pray. 14 Dear Lord, we ask Your presence and 15 blessings on our time together in this 16 chamber. We have come together on how we can 17 assist our citizens of New York State and the 18 welfare of our community. We learn from each 19 other to grow in spirit and in character, to 20 find Your will for our lives and for our 21 neighborhoods. 22 We thank You for the opportunity in 23 this country, in this Senate, to assemble 24 ourselves at any time, at any place, to 25 discuss our concerns as citizens. We are

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(518) 371-8910 1 mindful that many in our world do not enjoy 2 such freedom. 3 Grant us the wisdom to carry out 4 our decisions with Your will. Bless us as we 5 continue to work and to conduct our business 6 with dignity and sensitivity. 7 Amen. 8 THE PRESIDENT: Reading of the 9 Journal. 10 THE SECRETARY: In Senate, 11 Sunday, May 22, the Senate met pursuant to 12 adjournment. The Journal of Saturday, May 21, 13 was read and approved. On motion, Senate 14 adjourned. 15 THE PRESIDENT: Without 16 objection, the Journal stands approved as 17 read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Report of standing committees. 22 Reports of select committees. 23 Communications and reports from 24 state officers. 25 Motions and resolutions.

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(518) 371-8910 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Thank you, 3 Madam President. 4 On behalf of Senator Larkin, I wish 5 to call up Calendar Number 587, Assembly Print 6 Number 5939. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 587, by Member of the Assembly Towns, Assembly 11 Print Number 5939, an act to amend the General 12 Business Law. 13 SENATOR FUSCHILLO: I now move to 14 reconsider the vote by which this Assembly 15 bill was substituted for Senate Print Number 16 2474 on April 20th. 17 THE PRESIDENT: The Secretary 18 will call the roll upon reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 37. 21 SENATOR FUSCHILLO: I now move 22 that Assembly Bill Number 5939 be recommitted 23 to the Committee on Cities and the Senate bill 24 be restored to the order of Third Reading 25 Calendar.

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(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR FUSCHILLO: I now offer 3 the following amendments. 4 THE PRESIDENT: The amendments 5 are received. 6 SENATOR FUSCHILLO: On behalf of 7 Senator Golden, I wish to call up Calendar 8 Number 677, Assembly Print Number 6878. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 677, by Member of the Assembly Lopez, Assembly 13 Print Number 6878, an act to amend the Real 14 Property Tax Law. 15 SENATOR FUSCHILLO: I now move to 16 reconsider the vote by which the Assembly bill 17 was substituted for Senate Print Number 3977 18 on May 3rd. 19 THE PRESIDENT: The Secretary 20 will call the roll upon reconsideration. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 37. 23 SENATOR FUSCHILLO: I now move 24 that Assembly Bill 6878 be recommitted to the 25 Committee on Housing, Construction and

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(518) 371-8910 1 Community Development, and the Senate bill be 2 restored to the order of Third Reading 3 Calendar. 4 THE PRESIDENT: So ordered. 5 SENATOR FUSCHILLO: I now offer 6 the following amendments. 7 THE PRESIDENT: The amendments 8 are received. 9 SENATOR FUSCHILLO: Madam 10 President, amendments are offered to the 11 following Third Reading Calendar bills: 12 Page number 43, Calendar Number 13 612, Senate Print 2223; 14 On behalf of Senator Padavan, on 15 page 44, Calendar Number 637, Print Number 16 2721; 17 On behalf of Senator Leibell, on 18 page number 55, Calendar Number 788, Senate 19 Print 4762; 20 On behalf of Senator Volker, page 21 number 66, Calendar Number 898, Senate Print 22 Number 4343; 23 On behalf of Senator Robach, page 24 number 67, Calendar Number 913, Senate Print 25 Number 4400;

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(518) 371-8910 1 On behalf of Senator LaValle, page 2 number 73, Calendar Number 969, Senate Print 3 Number 4333; 4 On behalf of Senator Meier, page 5 number 59, Calendar Number 826, Senate Print 6 Number 3158A. 7 THE PRESIDENT: The amendments 8 are received, Senator. 9 SENATOR FUSCHILLO: I now move 10 that these bills retain their place on the 11 order of Third Reading Calendar. 12 THE PRESIDENT: So ordered. 13 SENATOR FUSCHILLO: Thank you. 14 THE PRESIDENT: You're welcome, 15 Senator. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 there are two resolutions at the desk. I ask 19 that the titles be read and move for their 20 immediate adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Leibell, Legislative Resolution Number 1962, 25 honoring Donald Long upon the occasion of his

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(518) 371-8910 1 designation as the Circolo da Vinci 2 Italian-American Organization's 2005 Person of 3 the Year on May 25, 2005. 4 And by Senator Leibell, Legislative 5 Resolution Number 2008, honoring Isabelle Toub 6 upon the occasion of her retirement after 7 30 years of dedicated service to the Putnam 8 County District Attorney's Office. 9 THE PRESIDENT: On the 10 resolutions, all in favor please signify by 11 saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The resolutions 16 are adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could go to the noncontroversial reading 20 of the calendar. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 128, by Senator Padavan, Senate Print 403, an 25 act to amend the Administrative Procedure Act,

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(518) 371-8910 1 in relation to denial. 2 SENATOR SCHNEIDERMAN: Lay it 3 aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 182, by Senator Maltese, Senate Print 1156, an 8 act to amend Labor Law and the Education Law, 9 in relation to prohibiting public 10 universities. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 7. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 43. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 298, by Senator Farley, Senate Print 2859, an 22 act to amend the Banking Law, in relation to 23 the requirement for licensure. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the first of January. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 45. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 299, by Senator Farley, Senate Print 2860, an 10 act to amend the Banking Law, in relation to 11 enforcement. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 45. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 368, by Senator Libous, Senate Print 3421, an 23 act to amend the Vehicle and Traffic Law, in 24 relation to driving while intoxicated. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 45. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 47. Nays, 7 2. Senators Duane and Montgomery recorded in 8 the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 474, by Senator Marcellino, Senate Print 665, 13 an act to amend the Vehicle and Traffic Law, 14 in relation to increasing the parameters. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of 19 November. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator 23 DeFrancisco, to explain your vote. 24 SENATOR DeFRANCISCO: Yes, 25 please.

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(518) 371-8910 1 I think that it's important to do 2 all we can to keep our roads safe from people 3 who are going to be either intoxicated by 4 alcohol or drugs. 5 But I think this bill -- and the 6 only reason I'm voting no is that this bill 7 provides an unreasonable standard by which the 8 police officer I don't think could possibly 9 ever be able to adhere to in stopping someone, 10 because it talks about no person shall operate 11 a motor vehicle while the person's ability to 12 operate the vehicle is affected to any extent. 13 So I don't know how that would be 14 interpreted. I don't know what objective 15 evidence you could show that -- it's just too 16 broad and too vague, and I think it would be 17 unenforceable. 18 So I'm going to vote no on it. 19 THE PRESIDENT: Senator 20 DeFrancisco, you will be recorded as voting in 21 the negative. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 50. Nays, 25 2. Senators DeFrancisco and Montgomery

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(518) 371-8910 1 recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 480, by Senator Alesi, Senate Print 2272, an 6 act to amend the Vehicle and Traffic Law, in 7 relation to additional penalties. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. Nays, 16 1. Senator Montgomery recorded in the 17 negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 481, by Senator Young, Senate Print 2285, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to providing. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the same date and in 3 the same manner as Section 2 of Chapter 673. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. Nays, 7 1. Senator Duane recorded in the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Excuse me. Ayes, 11 50. Nays, 2. Senators Duane and Montgomery 12 recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 483, by Senator LaValle, Senate Print 2450, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to increasing. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the first of 23 November. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 52. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 514, by Senator Spano, Senate Print 3378, an 6 act to amend the Tax Law, in relation to 7 creating a direct payment permit. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 12. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 52. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 548, by Senator LaValle, Senate Print 37 -- 19 SENATOR BRUNO: Lay it aside for 20 the day. 21 THE PRESIDENT: The bill is laid 22 aside for the day. 23 THE SECRETARY: Calendar Number 24 606, by Member of the Assembly Sweeney, 25 Assembly Print Number 3981, an act in relation

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(518) 371-8910 1 to redistributing 2004 bond volume 2 allocations. 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, 52. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 633, by Senator Maziarz, Senate Print 203, an 14 act to amend the Vehicle and Traffic Law, in 15 relation to increasing penalties. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. This 19 act shall take effect on the first of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 51. Nays, 24 1. Senator Montgomery recorded in the 25 negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 636, by Senator Alesi, Senate Print 2273, an 5 act to amend the Vehicle and Traffic Law, in 6 relation to extending. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 50. Nays, 15 2. Senators DeFrancisco and Sabini recorded 16 in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 671, by Senator Little, Senate Print 3846, an 21 act to amend the General Municipal Law, in 22 relation to taking of billboards. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 51. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 Senator Bruno. 9 SENATOR BRUNO: Madam President, 10 thank you. 11 With your indulgence and the 12 indulgence of my colleagues here in the 13 Senate, I would like to just interrupt and 14 pause here in our important deliberations to 15 acknowledge and recognize one of our 16 colleagues here in the chamber, Senator John 17 J. Marchi, who celebrated his 84th birthday 18 last Friday. 19 (Standing ovation.) 20 SENATOR BRUNO: Thank you. And, 21 see, Senator Marchi brings people to their 22 feet constantly and continually. 23 And Senator Paterson had the good 24 planning to plan his birthday on exactly the 25 same day. So happy birthday to Senator

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(518) 371-8910 1 Paterson, May 20th. 2 (Standing ovation.) 3 SENATOR BRUNO: Now, Madam 4 President, when Senator Paterson has been here 5 serving, as Senator Marchi is, the 6 longest-serving legislator in the entire 7 United States of America as he sits here, in 8 any legislative body. 9 Now, you think about that, with all 10 of us that think that we have some seniority 11 in this place. This is the senior man in the 12 United States legislatures. 13 And he is committed, dedicated, 14 just a public servant who personifies the 15 words. We say that, Billy, but we mean it. 16 He is a public servant. And he is a role 17 model to you and to Senator Farley, certainly 18 to Senator Paterson, and Senator Smith, and to 19 me. 20 And, John, we're indebted to you 21 for that. 22 Now -- and Senator Diaz. Of course 23 Senator Diaz. 24 And what you don't know, probably, 25 many of you, is that John was always a

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(518) 371-8910 1 fighter, always a fighter. Light heavyweight 2 boxer in his youth, and he still is ready to 3 go four or five rounds at the drop of a hat. 4 He has focused on educational 5 issues from pre-K up through higher ed. He 6 has done more things than we have time to 7 relate in terms of his career. 8 Do you know, Friday, to the 9 administration's credit, they inaugurated the 10 maiden voyage of the ferry going from the 11 Island to the city, the John J. Marchi Ferry. 12 Which is -- 13 (Applause.) 14 SENATOR BRUNO: -- to anyone's 15 knowledge, the first time ever in the country 16 that such a dedication that taken place. 17 Now, John, that is a singular 18 honor. 19 And not just here in this state, 20 not just in the country, but in Italy John got 21 the Commander of Merit award for distinguished 22 service, the highest award that they give in 23 the Republic of Italy to any individual that 24 is not a citizen in Italy in the world. 25 And there aren't too many people

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(518) 371-8910 1 that have been recognized in that way. I'm 2 still waiting for a call. 3 (Laughter.) 4 SENATOR BRUNO: But, John, you -- 5 well, so is Senator Spano. So is Senator 6 Fuschillo. When you have -- Senator Balboni 7 is still striving. Senator LaValle. I know 8 George Onorato. Okay? 9 But, John, I'm on my feet really to 10 say thank you. Thank you for your friendship. 11 Thanks for being a colleague to everyone here 12 in this chamber. 13 And we're not going to go on; I 14 know Senator Paterson has an observation and 15 some comments that he would like to make. 16 And, Madam President, I would ask 17 that he be recognized with all of your 18 indulgence here, because we really, we have a 19 giant here in this chamber in the presence of 20 Senator Marchi. 21 And happy birthday, literally, 22 John, on your 84th, and we look forward to the 23 next 84 with you. 24 THE PRESIDENT: Senator Paterson. 25 SENATOR PATERSON: Thank you,

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(518) 371-8910 1 Madam President. 2 For some of you who may work here 3 or even some of you who are new in terms of 4 your service to the chamber, you should know 5 that Senator Marchi has served with 6 distinction here since 1956. 7 And in 1969 he was the -- he was a 8 candidate for mayor of the City of New York, 9 and many Democrats, including Democrats in our 10 Democratic family, voted for Senator Marchi. 11 And it has to do with his belief in 12 government and his belief in people, his 13 ability to look at issues 10 and 20 years 14 before other people did. 15 When I came here in the end of 16 1985, the beginning of 1986, at the time he 17 was the chair of the Senate Finance Committee. 18 And I remember once an incident, seriously, 19 where we were debating the pension funds that 20 were invested in South Africa from New York 21 State's pension funds. 22 And Senator Marchi got up and he 23 said that they had polled black South Africans 24 and that 25 percent of them believed that the 25 apartheid system as it stood should be

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(518) 371-8910 1 overthrown, and 75 percent supported it. 2 And I got up behind him and I said 3 that in South Africa it is actually illegal to 4 take a public stand against the government, so 5 I'd like to find out who those 25 percent were 6 who said that and give them a special 7 commendation for the risks that they took. 8 At the end of the session I came 9 outside the door right here, and I saw Senator 10 Marchi standing there. And of course he's 11 been a family friend of ours for a number of 12 years, and I knew I had said something and I 13 knew I was in big trouble. 14 And Senator Marchi said to me: "I 15 wasn't aware of that ordinance in South 16 Africa. You're absolutely right, and in my 17 debate I'll never use it again." 18 And I can't say that that's 19 happened any other time that I've served here. 20 But then again, maybe that's the only good 21 point that I've made since I've been here. 22 (Laughter.) 23 SENATOR PATERSON: The reality is 24 that his long-term service is only exceeded by 25 his outstanding character. He has always put

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(518) 371-8910 1 his truths above all other issues and all 2 other things. He's gone forward whether 3 people agreed with him or not, with his 4 integrity as his only banner. 5 And that is how I honor Senator 6 Marchi, who I'm privileged enough to be born 7 on the same day, a little -- a few years 8 later. 9 But I would suggest that I'm happy 10 as well because if they can name a stadium for 11 Senator Bruno and a ship for Senator Marchi, I 12 like that they have my name on a parking space 13 here in Albany. 14 Thank you. 15 (Applause.) 16 THE PRESIDENT: Senator Marchi. 17 SENATOR MARCHI: Well, I -- no 18 one has ever accused me of being without a 19 word. But I am genuinely moved. 20 The reason I'm back here, of 21 course, is found in the presence of each and 22 every one of you right around this chamber, 23 all of you. 24 Joe Bruno, of course, has been a 25 dear friend. Well, he was a light heavyweight

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(518) 371-8910 1 himself, and we compared notes. I would 2 hardly care to match my fists now with him. 3 And -- but I really, really 4 treasure every single moment. And you, Dave, 5 over there, you -- I -- your family. I mean, 6 this goes back family-wise before you, those 7 ahead of you. These have all been friends of 8 mine. 9 And you [to President], well, 10 you're such a wonderful person to look at. 11 (Laughter.) 12 SENATOR MARCHI: I have an 13 advantaged place here. I say this in the 14 presence of my wife up there. 15 But in any event, I am very -- very 16 grateful, very grateful for the companionship 17 of the people that I have found here. Never 18 once have I ever been disappointed. Never 19 once. You've all been generous. You've all 20 been very kind. You're all productive. You 21 all have something to say of great value. 22 And this is something which serves 23 you in good stead, because without it you 24 would not have -- you would have an echo 25 chamber in any other circumstance. But you

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(518) 371-8910 1 don't have it here. We don't have an echo 2 chamber. We have people who are human and who 3 will react, and react in very eloquent and 4 very fruitful ways. 5 So I don't want to outrun my 6 presence here. I'm very, very -- very moved 7 by what has taken place. And it can't go on 8 much longer, but it's been very, very sweet 9 right straight through. 10 And I say God bless all of you, 11 each and everybody within the range of my 12 voice and vision. Because you have been so 13 generous, so kind. And I always felt that was 14 the dominant sentiment of this chamber. 15 Don't ever lose it, because it 16 reinforces all of you. And it should, because 17 you are -- you enrich this state by your 18 presence here. 19 So thanks, thanks so much. 20 (Standing ovation.) 21 THE PRESIDENT: The Secretary 22 will continue to read. 23 THE SECRETARY: Calendar Number 24 699, by Senator Fuschillo, Senate Print 4888A, 25 an act to amend the General Business Law, in

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(518) 371-8910 1 relation to requiring. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first of 6 September. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. Nays, 10 1. Senator Meier recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 721, by Senator Flanagan, Senate Print 2807, 15 an act to amend the Penal Law, in relation to 16 definitions. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57. Nays,

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(518) 371-8910 1 1. Senator Montgomery recorded in the 2 negative. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 725, by Senator Golden, Senate Print 3433, an 7 act to amend the Penal Law, in relation to 8 endangering the welfare of a child. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MEIER: Senator 18 Hassell-Thompson, to explain her vote. 19 SENATOR HASSELL-THOMPSON: Yes, 20 thank you, Mr. President. 21 Senator Golden is to be commended. 22 We have been struggling tremendously in this 23 session, and for the last three years, to try 24 to put together a series of child protective 25 bills. And this particular piece is what I

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(518) 371-8910 1 consider to be the hallmark of all of the 2 sexual assault bills that we have together 3 tried to pass. 4 I want to commend him, and I thank 5 him for his generosity also in attempting to 6 include me on the -- as a cosponsor of this 7 particular bill, something that doesn't happen 8 often enough in these chambers. 9 But I want to publicly thank him 10 for his efforts and certainly for the 11 legislative initiatives that he has attempted 12 to put forward. 13 I will be voting yes. 14 ACTING PRESIDENT MEIER: Senator 15 Hassell-Thompson will be recorded in the 16 affirmative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Ayes, 57. Nays, 20 1. Senator Montgomery recorded in the 21 negative. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 734, by Senator Nozzolio, Senate Print 2286,

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(518) 371-8910 1 an act to amend the Vehicle and Traffic Law, 2 in relation to the application. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 30th day. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 739, by Senator Nozzolio, Senate Print 4015, 15 an act to amend the Highway Law, in relation 16 to designating. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 3. 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, 58. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 778, by Senator Little, Senate Print 4012, an 4 act to amend the Tax Law, in relation to 5 extending. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 3. 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, 58. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 843, by Senator Flanagan, Senate Print 2152, 18 an act to authorize the State University of 19 New York to lease and contract. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 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, 56. Nays, 3 2. Senators Maziarz and Spano recorded in the 4 negative. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 858, by Senator Trunzo, Senate Print 143, an 9 act to amend the Real Property Law, in 10 relation to the failure. 11 ACTING PRESIDENT MEIER: Read the 12 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 THE SECRETARY: Ayes, 58. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 864, by Senator Skelos, Senate Print 4381, an 23 act to amend the Uniform Commercial Code, in 24 relation to conversion. 25 ACTING PRESIDENT MEIER: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. 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, 56. Nays, 8 2. Senators Connor and Duane recorded in the 9 negative. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 934, by Senator Little, Senate Print 1050, an 14 act to amend the County Law, in relation to 15 authorizing wireless. 16 ACTING PRESIDENT MEIER: There is 17 a local fiscal impact note at the desk. 18 Read the 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, 58. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 938, by Senator Saland, Senate Print 2512, an 4 act to amend the County Law, in relation to 5 wireless communications. 6 ACTING PRESIDENT MEIER: There is 7 a local fiscal impact note at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 939, by Senator Balboni, Senate Print 2967A, 19 an act authorizing the assessor of the County 20 of Nassau to accept an application. 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, 57. Nays, 4 1. Senator Bonacic recorded in the negative. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 941, by Member of the Assembly Errigo, 9 Assembly Print Number 6853, an act to amend 10 the Village Law and the Public Officers Law, 11 in relation to residency. 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, 58. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 943, by Senator Farley, Senate Print 4029, an 24 act to authorize the County of Schenectady to 25 issue.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: There is 2 a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 6. 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, 58. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 944, by Senator Fuschillo, Senate Print 4087, 14 an act authorizing the Bethel Christian Church 15 to file. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. Nays, 24 1. Senator Bonacic recorded in the negative. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 946, by Senator Trunzo, Senate Print 4140, an 4 act authorizing the assessor of the Town of 5 Islip. 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, 57. Nays, 14 1. Senator Bonacic recorded in the negative. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 949, by Senator Skelos, Senate Print 4517, an 19 act to authorize Young Israel of Hewlett. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 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, 57. Nays, 3 1. Senator Bonacic recorded in the negative. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 Senator Skelos, that completes the 7 noncontroversial reading of the calendar. 8 SENATOR SKELOS: Thank you, Mr. 9 President. If we could go to the 10 controversial reading. 11 ACTING PRESIDENT MEIER: The 12 Secretary will ring the bells. 13 The Secretary will conduct the 14 controversial reading of the calendar. 15 THE SECRETARY: Calendar Number 16 128, by Senator Padavan, Senate Print 403, an 17 act to amend the Administrative Procedure Act, 18 in relation to denial, suspension and 19 revocation. 20 SENATOR SCHNEIDERMAN: 21 Explanation. 22 ACTING PRESIDENT MEIER: Senator 23 Padavan, Senator Schneiderman has requested an 24 explanation. 25 SENATOR PADAVAN: Senator

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(518) 371-8910 1 Schneiderman, your memory is much better than 2 you give yourself credit for. You asked me 3 that same question last year. You expect a 4 different explanation? 5 SENATOR SCHNEIDERMAN: You never 6 know. 7 SENATOR PADAVAN: No, that's all 8 right, it's a rhetorical question. 9 Mr. President, this bill, which I 10 just indicated we have discussed on several 11 other occasions, would provide for the 12 suspension or revocation of a license issued 13 by any state agency for a period of not 14 greater than five years, permissively, on the 15 basis of two violations of federal law dealing 16 with the hiring of unauthorized aliens. 17 Simply put, if some company in this 18 state that has a license, or an individual, 19 who has violated federal law, found guilty of 20 a very serious crime of knowingly -- and I 21 underline the word "knowingly" -- hiring an 22 illegal alien, a state agency that licenses 23 that entity may revoke or suspend that license 24 and, in so doing, cannot do it for any more 25 than five years.

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(518) 371-8910 1 That's what this bill does. I 2 think the reasons are obvious. We can't have 3 licenses in this state to companies who are in 4 all kinds of activities, hundreds of different 5 licenses, some in very sensitive areas, 6 critical areas -- we can't have people running 7 those companies with a state license 8 knowingly, repetitively violating federal law, 9 having been found guilty of hiring illegal 10 aliens. 11 ACTING PRESIDENT MEIER: Senator 12 Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you. 14 Through you, Mr. President, if the sponsor 15 would yield for a few brief questions. 16 ACTING PRESIDENT MEIER: Senator 17 Padavan, do you yield for a question? 18 SENATOR PADAVAN: Yes. 19 ACTING PRESIDENT MEIER: The 20 sponsor yields. 21 SENATOR SCHNEIDERMAN: Is the 22 requirement that this be an intentional 23 violation of the law anywhere in this statute? 24 Because I don't see it. 25 SENATOR PADAVAN: The federal

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(518) 371-8910 1 statute that we referred to in the body of the 2 bill is a statute that indicates knowingly. 3 Meaning that a company knowingly hired an 4 illegal alien, has been found guilty of 5 knowingly hiring an illegal alien. 6 SENATOR SCHNEIDERMAN: Through 7 you, Mr. President, if the sponsor would 8 continue to yield. 9 ACTING PRESIDENT MEIER: Senator 10 Padavan, do you continue to yield? 11 SENATOR PADAVAN: Yes. 12 ACTING PRESIDENT MEIER: The 13 sponsor yields. 14 SENATOR SCHNEIDERMAN: But my 15 understanding of the federal law is that there 16 are various ways you can prove -- you can meet 17 the evidentiary standard for these federal 18 statutes, including a pattern; that there's 19 not actually a requirement, as the sponsor is 20 implying, that someone actually admit on the 21 stand "Yes, I knew it and I did it anyway." 22 Is it not the case that under these 23 federal statutes you can find violations 24 through proof other than someone admitting 25 that they knowingly violated the law?

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(518) 371-8910 1 SENATOR PADAVAN: Whether someone 2 admitted that they violated the law or not is 3 irrelevant. They were found guilty of 4 violating the law. 5 And the law specifically refers to 6 knowingly hiring an illegal alien. That's 7 federal statute. And it's referred to in the 8 bill by section. 9 SENATOR SCHNEIDERMAN: Thank you. 10 Through you, Mr. President -- or, actually, on 11 the bill. 12 Thank the sponsor for his answers. 13 Even better than last year's. 14 ACTING PRESIDENT MEIER: Senator 15 Schneiderman, on the bill. 16 SENATOR SCHNEIDERMAN: But the 17 reason we ask for explanations and we continue 18 to inquire into one-house bills that we see 19 over and over again is because sometimes there 20 is a hope that we may learn from the debate in 21 a previous year and make some modifications. 22 The reason that many of us have a 23 problem with this bill is very simple. And 24 there are really two reasons. Some of us 25 disagree with the whole thrust of the

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(518) 371-8910 1 legislation, that this is essentially a 2 punitive measure intended to make life more 3 difficult for immigrants who are here who 4 don't have papers, who are trying to work and 5 support their families. Some people have an 6 issue with that; some people think they 7 shouldn't be here. 8 But the second reason that many of 9 us oppose this bill is that this is -- even if 10 you agree that we should take all steps 11 necessary to stop these people from working 12 and supporting their families, this 13 legislation is about as uneven and irrational 14 an approach as you can take. 15 What this legislation does is says 16 that any agency may deny, suspend or revoke a 17 license. So one agency might decide we're 18 going to suspend people's licenses, and the 19 next agency may say, Ah, we're not going to. 20 You may have dry cleaners under 21 investigation -- because keep in mind, this is 22 New York State. We license everything. You 23 want to run a motion picture projector? You 24 need a license. You know, the vestiges of the 25 big government eras here still have to fade.

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(518) 371-8910 1 So state agencies in New York 2 really can go after pretty much any type of 3 small business -- or not. They can go after 4 one business for reasons that are not required 5 to be stated, and the business next door they 6 may leave alone. 7 So this is a bill guaranteed to 8 produce an arbitrary system where some people 9 are being prosecuted, some people are having 10 their licenses suspended, and some people 11 aren't. 12 Second of all, I realize that the 13 language of the federal statute suggests that 14 this should be a knowing violation, but there 15 is no requirement of proof that this be a 16 knowing violation. 17 What we're talking about here is a 18 small business that within a five-year period 19 may have hired two individuals who did not 20 have working papers. And that business at any 21 time could be prosecuted by an agency and lose 22 its license, or maybe it won't be. That's the 23 system that would be set up under this 24 legislation. 25 So I respectfully submit that even

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(518) 371-8910 1 if you appreciate and agree with the goal of 2 the bill, this is not a workable system. This 3 is not a fair system. This is not going to 4 produce any sort of rational approach by the 5 agencies of the State of New York to dealing 6 with this issue. 7 So I would suggest that perhaps, 8 before we visit this bill again, some editing 9 is required. 10 And I also suggest that this 11 legislation really runs against, goes against 12 the grain of what I think is an emerging sense 13 in this country that we have to have a 14 different approach to the millions of illegal 15 immigrants working among us, serving with us 16 that we interact with every day, other than 17 just trying to get rid of them. That's not 18 going to work. President Bush recognizes 19 that's not going to work. 20 The struggle that we're going 21 through now over the question of the Real ID 22 Act that was passed by the federal government 23 reflects this same issue. 24 But I would suggest that the 25 approach that we end up taking, that we must

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(518) 371-8910 1 take is that we have to come to some 2 accommodation with the reality that we depend 3 on illegal immigrants in this country for 4 many, many things. They're here, they're not 5 going away. 6 As with the Real ID Act, I think 7 it's a mistake to make the Department of Motor 8 Vehicles responsible for enforcing the 9 immigration laws. 10 This legislation we're voting on 11 today would make every small business in the 12 state responsible for enforcing the 13 immigration laws. And I respectfully submit 14 that that is not, whether you're looking at it 15 from a human rights point of view or a 16 pro-business point of view, the kind of law we 17 should be passing. 18 So I will be voting no once again. 19 And I look forward to having a conversation 20 hopefully next year about a modified bill. 21 And once again, though, I 22 appreciate Senator Padavan's bringing the 23 important issues of immigrants' rights to the 24 attention of the house. 25 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Any 2 other Senator wish to be heard on the bill? 3 Senator Padavan. 4 SENATOR PADAVAN: Briefly, Mr. 5 President. I don't want to exacerbate this 6 thing. 7 Several things that Senator 8 Schneiderman said are just factually 9 incorrect. 10 The bill says the suspension can't 11 be any more than five years, not that the 12 violation of federal law was within five 13 years. But it says, as far as the federal law 14 is concerned, two or more violations. A 15 company knowingly was found guilty, convicted 16 in a federal court of having violated federal 17 statutes. 18 The second part of your statement 19 was that they are now going to be made 20 responsible to enforce federal law. The fact 21 is they are already. You cannot knowingly 22 hire an illegal alien and not be in violation 23 of federal law. That's your responsibility. 24 Now, let me say, in a broad sense, 25 we have millions of people come to this

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(518) 371-8910 1 country every year as immigrants. They come 2 here legally, they come on visas, they come as 3 students, they get green cards. Many of them 4 become citizens. And that's simply great. 5 That's what made this country what it is. 6 Your suggestion that people can 7 come here illegally, be employed illegally, 8 that company get a license to employ that 9 individual indirectly and nothing should be 10 done about it, just is somewhat akin to it 11 being illogical. 12 SENATOR SCHNEIDERMAN: Mr. 13 President, will the sponsor yield for a 14 question. 15 SENATOR PADAVAN: No more 16 questions. Just take the vote. 17 SENATOR SCHNEIDERMAN: No more 18 questions. Well -- 19 ACTING PRESIDENT MEIER: Senator 20 Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you. 22 Just to respond briefly, I stand 23 corrected. This is even worse than I stated. 24 There is no time limit for the two violations. 25 This could be within an eight-year period, a

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(518) 371-8910 1 10-year period, a 12-year period. So I 2 appreciate Senator Padavan's calling that to 3 our attention. 4 And I do think that on the 5 fundamental issue we may have a disagreement 6 over what the policies of our government 7 should be towards the millions of undocumented 8 immigrants here. And that is a philosophical 9 issue which we can debate. 10 I respectfully submit, however, 11 that this piece of legislation, which does 12 provide a penalty for businesses that don't 13 inspect and go through the paperwork of every 14 possible employee, is punitive in nature 15 towards the businesses as well as towards the 16 immigrants. And I encourage everyone to vote 17 no. 18 ACTING PRESIDENT MEIER: Any 19 other Senator wish to be heard on the bill? 20 Debate is closed, then. 21 The Secretary will ring the bells. 22 Members are asked to come to the 23 chamber for a vote. 24 Read the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MEIER: Announce 7 the results. 8 THE SECRETARY: Those recorded in 9 the negative on Calendar Number 128 are 10 Senators Andrews, Connor, Diaz, Dilan, Duane, 11 Hassell-Thompson, L. Krueger, C. Kruger, 12 Montgomery, Paterson, Sabini, Savino, 13 Schneiderman, Serrano, A. Smith and Stavisky. 14 Also Senator M. Smith. 15 Ayes, 41. Nays, 17. 16 Those Senators absent from voting 17 on Calendar Number 128: Senators Oppenheimer 18 and Parker. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 Senator Skelos, that completes the 22 controversial reading of the calendar. 23 SENATOR SKELOS: Thank you, Mr. 24 President. 25 Is there any further business?

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(518) 371-8910 1 ACTING PRESIDENT MEIER: We have 2 a substitution, Senator. 3 SENATOR SKELOS: If you could 4 make it at this time. 5 ACTING PRESIDENT MEIER: The 6 Secretary will read the substitution. 7 THE SECRETARY: On page 54, 8 Senator Spano moves to discharge, from the 9 Committee on Investigations and Government 10 Operations, Assembly Bill Number 6328 and 11 substitute it for the identical Senate Bill 12 Number 3921, Third Reading Calendar 775. 13 ACTING PRESIDENT MEIER: 14 Substitution ordered. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there being no further business to come before 18 the Senate, I move we stand adjourned until 19 Tuesday, May 24th, at 3:00 p.m. 20 ACTING PRESIDENT MEIER: On 21 motion, the Senate stands adjourned until 22 Tuesday, May 24th, at 11:00 p.m. 23 Let's correct the record. The 24 Senate stands adjourned until tomorrow at 25 3:00 p.m.

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(518) 371-8910 1 (Whereupon, at 3:59 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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