Thursday, June 9, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 9, 2005 11 11:06 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 ACTING PRESIDENT MEIER: The 3 Senate will come to order. 4 May I ask everyone to please rise 5 and join me in the Pledge of Allegiance to the 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MEIER: In the 10 absence of clergy, may we each bow our heads 11 in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MEIER: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, June 8, the Senate met pursuant to 18 adjournment. The Journal of Tuesday, June 7, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MEIER: 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 Farley. 8 SENATOR FARLEY: Thank you, Mr. 9 President. 10 I wish to call up Calendar Number 11 994, Assembly Print 3454. 12 ACTING PRESIDENT MEIER: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 994, by Member of the Assembly Bing, Assembly 16 Print Number 3454, an act to amend the State 17 Finance Law. 18 SENATOR FARLEY: I now move to 19 reconsider the vote by which this Assembly 20 bill was substituted for Senator Robach's 21 bill, Senate Print 1893, on 5/24/05. 22 ACTING PRESIDENT MEIER: Call the 23 roll on reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 37.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Farley. 3 SENATOR FARLEY: I now move that 4 the Assembly Bill 3454 be committed to the 5 Committee on Rules and then Senator Robach's 6 Senate bill be restored to the order of third 7 reading. 8 ACTING PRESIDENT MEIER: So 9 ordered. 10 Senator Farley. 11 SENATOR FARLEY: I now offer the 12 following amendments. 13 ACTING PRESIDENT MEIER: The 14 amendments are received and adopted. 15 SENATOR FARLEY: On behalf of the 16 distinguished president, Senator Meier, Mr. 17 President, I wish to call up your bill, Senate 18 Print 2741, which was recalled from the 19 Assembly, and it's now at the desk. 20 ACTING PRESIDENT MEIER: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 807, by Senator Meier, Senate Print 2741, an 24 act to amend the Public Authorities Law. 25 SENATOR FARLEY: I now move to

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(518) 371-8910 1 reconsider the vote by which this bill passed. 2 ACTING PRESIDENT MEIER: Call the 3 roll on reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 37. 6 SENATOR FARLEY: I now offer the 7 following amendments. 8 ACTING PRESIDENT MEIER: The 9 amendments are received and adopted. 10 SENATOR FARLEY: Mr. President, I 11 wish to call up Senator Spano's bill, Senate 12 Print 4079, recalled from the Assembly, which 13 is now at the desk. 14 ACTING PRESIDENT MEIER: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 781, by the Senate Committee on Rules, Senate 18 Print Number 4079, an act to amend the Tax 19 Law. 20 SENATOR FARLEY: Mr. President, I 21 now move to reconsider the vote by which this 22 bill passed. 23 ACTING PRESIDENT MEIER: Call the 24 roll on reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 37. 2 SENATOR FARLEY: I now offer the 3 following amendments. 4 ACTING PRESIDENT MEIER: The 5 amendments are received and adopted. 6 Senator Bonacic. 7 SENATOR BONACIC: Thank you, Mr. 8 President. I'd like to offer the following 9 amendments to the Third Reading Calendar 10 bills. 11 First of all, by Senator Larkin, 12 Calendar 450, page 15, Senate Print 1398A; 13 Senator Spano, Calendar 1030, page 14 41, Senate Print 3743B; 15 Senator Skelos, Calendar 1246, page 16 54, Senate Print 1168; 17 Senator Skelos again, Calendar 18 1395, page 60, Senate Print 4708. 19 I now move that these bills retain 20 their place on the order of third reading. 21 ACTING PRESIDENT MEIER: The 22 amendments are received and adopted, and the 23 bills will retain their place on the Third 24 Reading Calendar. 25 SENATOR BONACIC: Thank you, Mr.

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(518) 371-8910 1 President. 2 ACTING PRESIDENT MEIER: Senator 3 Fuschillo. 4 SENATOR FUSCHILLO: Mr. 5 President, on behalf of Senator Winner, I wish 6 to call up Senate Print Number 3415, recalled 7 from the Assembly, which is now at the desk. 8 ACTING PRESIDENT MEIER: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 1102, by Senator Winner, Senate Print 3415, an 12 act to authorize. 13 SENATOR FUSCHILLO: I now move to 14 reconsider the vote by which the bill was 15 passed. 16 ACTING PRESIDENT MEIER: Call the 17 roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 37. 20 SENATOR FUSCHILLO: I now offer 21 the following amendments. 22 ACTING PRESIDENT MEIER: The 23 amendments are received and adopted. 24 SENATOR FUSCHILLO: On behalf of 25 Senator Golden, I wish to call up Print Number

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(518) 371-8910 1 5148A, recalled from the Assembly, which is 2 now at the desk. 3 ACTING PRESIDENT MEIER: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 1199, by Senator Golden, Senate Print 5148A, 7 an act to amend the Vehicle and Traffic Law. 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, 37. 15 SENATOR FUSCHILLO: I now offer 16 the following amendments. 17 ACTING PRESIDENT MEIER: The 18 amendments are received and adopted. 19 SENATOR FUSCHILLO: On behalf of 20 Senator Skelos, Mr. President, I wish to call 21 up Print Number 3898, recalled from the 22 Assembly, which is now at the desk. 23 ACTING PRESIDENT MEIER: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 672, by Senator Skelos, Senate Print 3898, an 2 act authorizing. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT MEIER: Call the 7 roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 37. 10 SENATOR FUSCHILLO: I now offer 11 the following amendments. 12 ACTING PRESIDENT MEIER: The 13 amendments are received and adopted. 14 SENATOR FUSCHILLO: On behalf of 15 Senator Skelos, I wish to call up Print Number 16 4644, recalled from the Assembly, which is now 17 at the desk. 18 ACTING PRESIDENT MEIER: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1111, by Senator Skelos, Senate Print 4644, an 22 act authorizing. 23 SENATOR FUSCHILLO: I now move to 24 reconsider the vote by which the bill was 25 passed.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll on reconsideration. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 37. 5 SENATOR FUSCHILLO: I now offer 6 the following amendments. 7 ACTING PRESIDENT MEIER: The 8 amendments are received and adopted. 9 SENATOR FUSCHILLO: On behalf of 10 Senator Skelos, I wish to call up Print Number 11 4556, recalled from the Assembly, which is now 12 at the desk. 13 ACTING PRESIDENT MEIER: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 950, by Senator Skelos, Senate Print 4556, an 17 act to amend Chapter 564 of the Laws of 2004. 18 SENATOR FUSCHILLO: I now move to 19 reconsider the vote by which the bill was 20 passed. 21 ACTING PRESIDENT MEIER: Call the 22 roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 37. 25 SENATOR FUSCHILLO: I now offer

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(518) 371-8910 1 the following amendments. 2 ACTING PRESIDENT MEIER: The 3 amendments are received and adopted. 4 SENATOR FUSCHILLO: Mr. 5 President, on behalf of Senator Skelos, I wish 6 to call up Senate Print Number 4517, recalled 7 from the Assembly, which is now at the desk. 8 ACTING PRESIDENT MEIER: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 949, by Senator Skelos, Senate Print 4517, an 12 act authorizing. 13 SENATOR FUSCHILLO: I now move to 14 reconsider the vote by which the bill was 15 passed. 16 ACTING PRESIDENT MEIER: Call the 17 roll on reconsideration. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 37. 20 SENATOR FUSCHILLO: I now offer 21 the following amendments. 22 ACTING PRESIDENT MEIER: The 23 amendments are received and adopted. 24 SENATOR FUSCHILLO: On behalf of 25 Senator Nozzolio, I wish to call up Print

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(518) 371-8910 1 Number 1567, recalled from the Assembly, which 2 is now at the desk. 3 ACTING PRESIDENT MEIER: The 4 Secretary will read. 5 THE SECRETARY: Calendar Number 6 478, by Senator Nozzolio, Senate Print 1567, 7 an act to amend the Vehicle and Traffic Law. 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, 37. 15 SENATOR FUSCHILLO: I now offer 16 the following amendments. 17 ACTING PRESIDENT MEIER: The 18 amendments are received and adopted. 19 SENATOR FUSCHILLO: Mr. 20 President, on behalf of myself, Senator 21 Fuschillo -- 22 ACTING PRESIDENT MEIER: Finally, 23 something for yourself, Senator Fuschillo. 24 SENATOR FUSCHILLO: Thank you, 25 Mr. President.

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(518) 371-8910 1 I hope that Senator Skelos gets it 2 right, with all these amendments. 3 I wish to call up Print Number 4 4087, recalled from the Assembly, which is now 5 at the desk. 6 ACTING PRESIDENT MEIER: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 944, by Senator Fuschillo, Senate Print 4087, 10 an act authorizing. 11 SENATOR FUSCHILLO: I now move to 12 reconsider the vote by which the bill was 13 passed. 14 ACTING PRESIDENT MEIER: Call the 15 roll on reconsideration. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 39. 18 SENATOR FUSCHILLO: I now offer 19 the following amendments. 20 ACTING PRESIDENT MEIER: The 21 amendments are received and adopted. 22 SENATOR FUSCHILLO: Thank you. 23 ACTING PRESIDENT MEIER: Thank 24 you, Senator. 25 The Secretary will read the

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(518) 371-8910 1 substitutions. 2 THE SECRETARY: On page 53, 3 Senator Alesi moves to discharge, from the 4 Committee on Rules, Assembly Bill Number 6633A 5 and substitute it for the identical Senate 6 Bill Number 5026A, Third Reading Calendar 7 1237. 8 On page 62, Senator Leibell moves 9 to discharge, from the Committee on Civil 10 Service and Pensions, Assembly Bill Number 11 6371 and substitute it for the identical 12 Senate Bill Number 3263, Third Reading 13 Calendar 1413. 14 On page 62, Senator Padavan moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 7348 and substitute it 17 for the identical Senate Bill Number 4553, 18 Third Reading Calendar 1416. 19 On page 62, Senator Flanagan moves 20 to discharge, from the Committee on Health, 21 Assembly Bill Number 4189 and substitute it 22 for the identical Senate Bill Number 4893, 23 Third Reading Calendar 1418. 24 And on page 63, Senator Leibell 25 moves to discharge, from the Committee on

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(518) 371-8910 1 Cities, Assembly Bill Number 6467 and 2 substitute it for the identical Senate Bill 3 Number 5309, Third Reading Calendar 1423. 4 ACTING PRESIDENT MEIER: 5 Substitutions ordered. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 there is a Resolution 2216, by Senator Rath. 9 It was previously adopted on June 1st. If we 10 could have it read in its entirety at this 11 time. 12 ACTING PRESIDENT MEIER: The 13 Secretary will read Resolution 2216. 14 THE SECRETARY: By Senator Rath, 15 Legislative Resolution Number 2216, 16 congratulating 11-year-old Katie Brownell, who 17 plays baseball in a boys Little League, upon 18 the occasion of pitching a perfect game. 19 "WHEREAS, Excellence and success in 20 competitive sports can be achieved only 21 through strenuous practice, team play and team 22 spirit, nurtured by dedicated coaching and 23 strategic planning; and 24 "WHEREAS, Athletic competition 25 enhances the moral and physical development of

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(518) 371-8910 1 the young people of this state, preparing them 2 for the future by instilling in them the value 3 of teamwork, encouraging a standard of healthy 4 living, imparting a desire for success and 5 developing a sense of fair play and 6 competition; and 7 "WHEREAS, It is the sense of this 8 Legislative Body to recognize and pay tribute 9 to those young people within the State of 10 New York who, by achieving outstanding success 11 in athletic competition, have inspired and 12 brought pride to their community; and 13 "WHEREAS, Attendant to such 14 concern, and in full accord with its 15 long-standing traditions, this Legislative 16 Body is justly proud to congratulate 17 11-year-old Katie Brownell, who plays baseball 18 in a boys Little League, upon the occasion of 19 pitching a perfect game; and 20 "WHEREAS, An all-star since she 21 started playing baseball three years ago, 22 Katie Brownell struck out all 18 boys who came 23 to bat against her during a six-inning game in 24 the Oakfield-Alabama Little League in what may 25 have been the first perfect game by a girl in

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(518) 371-8910 1 Little League history; and 2 "WHEREAS, An avid baseball player 3 since she was 6 years old, Katie Brownell also 4 allowed only one hit and struck out 14 batters 5 in five innings in her first outing of the 6 season. Furthermore, she is a major threat at 7 the plate, with a batting average of .714 8 after three games; and 9 "WHEREAS, Loyally and 10 enthusiastically supported by family, fans, 11 friends and the community at large, Katie 12 Brownell has appeared on "World News Tonight," 13 "Good Morning America" and "Cold Pizza," as 14 well as in news segments on television 15 stations and in newspapers across New York 16 State and the country and met President George 17 W. Bush at an event in Rochester; and 18 "WHEREAS, With her throughout have 19 been her parents, Mark Brownell and Denise 20 Bischoff, and her brothers, Jonathan and 21 Joshua, all of whom feel privileged to be a 22 part of her life and rejoice in her 23 achievements; and 24 "WHEREAS, Sports competition 25 instills the values of teamwork, pride and

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(518) 371-8910 1 accomplishment, and Katie Brownell has clearly 2 made a contribution to the spirit of 3 excellence which is a tradition of Little 4 League; and 5 "WHEREAS, It is the sense of this 6 Legislative Body that when individuals of such 7 noble aims and accomplishments are brought to 8 our attention, they should be celebrated and 9 recognized by all the citizens of the great 10 State of New York; now, therefore, be it 11 "RESOLVED, That this Legislative 12 Body pause in its deliberations to 13 congratulate 11-year-old Katie Brownell, who 14 plays baseball in a boys Little League, upon 15 the occasion of pitching a perfect game, and 16 to wish her continued success in all of her 17 future endeavors; and be it further 18 "RESOLVED, That a copy of this 19 resolution, suitably engrossed, be transmitted 20 to Katie Brownell." 21 ACTING PRESIDENT MEIER: Senator 22 Rath. 23 SENATOR RATH: Mr. President, how 24 do you start to congratulate someone who's 25 done something that's perfect?

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(518) 371-8910 1 The resolution that we've just 2 read -- and my constituent here in the 3 gallery, Katie Brownell, of course 4 congratulations is what we're here about today 5 and what everyone has been saying to you ever 6 since that day several weeks ago or maybe a 7 month ago now that you struck out all 18 boys 8 who came to bat against you during a 9 six-inning game in the Oakfield-Alabama Little 10 League, in what may have been the first 11 perfect game by a girl in Little League 12 history. 13 Katie, I want to tell you, for many 14 reasons not only am I proud and happy for you, 15 but you don't know the grief I've taken here 16 from all these guys on the floor when their 17 teams have beaten some of our Western New York 18 teams. 19 But I have to say that my pride is 20 far surpassing anything I would have 21 anticipated, because, first of all, I don't 22 recall that any of you has brought anyone up 23 who had pitched a perfect game so far in my 24 11 years here in the State Senate. I think 25 this may be the first time we've honored

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(518) 371-8910 1 someone who has pitched a perfect game. 2 And of course we congratulate not 3 only you but your parents, Mark Brownell and 4 Denise Bischoff; your coach, Jeff Sage; League 5 Administrator Eric Klotzbach. 6 Oakfield-Alabama, a small town in 7 Western New York, but a wonderful place for 8 baseball, whether it's the Batavia Muckdogs 9 that we're following or the Buffalo ball team 10 or the Rochester ball team. We all like 11 baseball in Western New York. 12 And I understand the other day 13 Katie hit a home run, so she's not only good 14 at pitching, she's good at batting. 15 And I hope, honey -- honey. 16 Because you're like my 11-year-old 17 granddaughter -- I hope as you continue to 18 play baseball or take up other sports or go to 19 other interests, someday you may pitch another 20 perfect game, or you may end up with the piano 21 and play a perfect concerto. You may bring 22 home a perfect report card, which I'm sure 23 everyone would hope that that would be one of 24 the items. 25 Or you may serve in this

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(518) 371-8910 1 Legislature someday, and you may pass a 2 perfect piece of legislation. That will be a 3 first, I will tell you, if you pass a perfect 4 piece of legislation here. 5 But no matter what it is you do or 6 wherever your future takes you, you're going 7 to be able to say that you were there and you 8 did it and you had it all one time in your 9 life. Very few people in their lives can ever 10 say I was there, I was absolutely at the top 11 of my game once. 12 So enjoy this, remember this. And 13 on behalf of the whole State Senate and all 14 the people of the State of New York, you make 15 us very proud. Oakfield-Alabama, you make us 16 very proud. Come back again next year when 17 you've done it again, and we will do this all 18 over again, because for sure you're a winner. 19 And we're proud of you. 20 (Standing ovation.) 21 ACTING PRESIDENT MEIER: Katie, 22 it's George Steinbrenner. He wants to talk to 23 you. 24 (Laughter.) 25 ACTING PRESIDENT MEIER: The

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(518) 371-8910 1 resolution was previously adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, I 4 have a Resolution 2388 at the desk. Could we 5 have the title read and move for its immediate 6 adoption. 7 ACTING PRESIDENT MEIER: The 8 Secretary will read the title. 9 THE SECRETARY: By Senator 10 Skelos, Legislative Resolution Number 2388, 11 commending Father Donald M. Baier for his 12 12 years of dedicated service as Pastor of 13 Our Lady of Lourdes Church in Malverne, 14 New York. 15 ACTING PRESIDENT MEIER: The 16 question is on the resolution. All those in 17 favor signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT MEIER: Opposed, 20 nay. 21 (No response.) 22 ACTING PRESIDENT MEIER: The 23 resolution is adopted. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 if we could go to the noncontroversial reading 2 of the calendar. 3 ACTING PRESIDENT MEIER: The 4 Secretary will conduct the noncontroversial 5 reading of the calendar. 6 THE SECRETARY: Calendar Number 7 475, by Senator Trunzo, Senate Print 850, an 8 act to amend the Vehicle and Traffic Law. 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, 51. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 506, by Member of the Assembly Calhoun, 21 Assembly Print Number 6823, an act to amend 22 the Tax Law. 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, 51. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 563, by Senator Balboni, Senate Print 933, an 10 act to amend the Family Court Act and the 11 Domestic Relations Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 10. 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, 52. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 568, by Member of the Assembly DiNapoli, 24 Assembly Print Number 5745, an act to amend 25 the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 52. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 611, by Member of the Assembly Clark, Assembly 13 Print Number 1794A, an act to amend the 14 General Business Law and others. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 9. This 18 act shall take effect on the first of January. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 616, by Senator Sampson, Senate Print 1029, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 51. Nays, 12 1. Senator Duane recorded in the negative. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 768, by Senator Saland, Senate Print 5021, an 17 act to amend Chapter 698 of the Laws of 1996. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 873, by Senator Rath, Senate Print 4939, an 5 act to amend the Real Property Tax Law. 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, 52. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 902, by Senator Padavan, Senate Print 4774, an 18 act to amend the Penal Law. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 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, 51. Nays, 3 1. Senator Duane recorded in the negative. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 906, by Senator LaValle, Senate Print 5184, an 8 act to amend the Penal Law. 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, 51. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 931, by Member of the Assembly Tonko, Assembly 22 Print Number 329A, an act to amend the Real 23 Property Tax Law. 24 ACTING PRESIDENT MEIER: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of January. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 978, by Senator Bonacic, Senate Print 5175A, 11 an act to amend the Private Housing Finance 12 Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 53. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1001, by Member of the Assembly Morelle, 25 Assembly Print Number 3426, an act to amend

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(518) 371-8910 1 the Tax Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of a 6 sales tax quarterly period. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1004, by Senator Alesi, Senate Print 5078, an 15 act to amend Chapter 291 of the Laws of 2004. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the same date and in 20 the same manner as Chapter 291 of the Laws of 21 2004. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 54.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1049, by Member of the Assembly Calhoun, 5 Assembly Print Number 2645, an act authorizing 6 the Village of Walden. 7 ACTING PRESIDENT MEIER: There is 8 a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. 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, 54. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1055, by Member of the Assembly Canestrari, 20 Assembly Print Number 787, an act to amend the 21 Vehicle and Traffic Law. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 54. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1056, by Member of the Assembly Lafayette, 10 Assembly Print Number 2156, an act to amend 11 the Vehicle and Traffic Law. 12 SENATOR VALESKY: Lay it aside. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 1062, by Senator Libous, Senate Print 4058, an 17 act to amend the Highway Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 54.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1088, by Senator Saland, Senate Print 5349, an 5 act to amend Chapter 147 of the Laws of 2001. 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, 54. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1096, by Senator Meier, Senate Print 5241, an 18 act to amend the Family Court Act. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 53. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1103, by Senator Alesi, Senate Print 3584, an 7 act authorizing the County of Monroe. 8 ACTING PRESIDENT MEIER: There is 9 a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 5. 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, 54. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1104, by Senator Alesi, Senate Print 3586A, an 21 act authorizing the County of Monroe. 22 ACTING PRESIDENT MEIER: There is 23 a home-rule message at the desk. 24 Read the last section. 25 THE SECRETARY: Section 5. 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, 54. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1105, by Senator Alesi, Senate Print 3589A, an 10 act to authorize the County of Monroe to 11 convey. 12 ACTING PRESIDENT MEIER: There is 13 a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1121, by Senator Little, Senate Print 5294, an 25 act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1123, by Senator Morahan, Senate Print 5340, 13 an act to amend the Mental Hygiene Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 2. 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, 54. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1147, by Member of the Assembly Schroeder,

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(518) 371-8910 1 Assembly Print Number 8166, an act to amend 2 Chapter 1 of the Laws of 2002. 3 SENATOR SEWARD: Read the last 4 section. 5 THE SECRETARY: Section 2. 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, 53. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1173, by Senator Meier, Senate Print 5229, an 16 act to amend the Domestic Relations Law and 17 others. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect December 1, 1996. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1192, by Member of the Assembly Sweeney, 5 Assembly Print Number 1147, an act to amend 6 the Public Authorities Law. 7 ACTING PRESIDENT MEIER: Read the 8 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, 55. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1266, by Senator Skelos, Senate Print -- 19 SENATOR SKELOS: Lay it aside for 20 the day, please. 21 ACTING PRESIDENT MEIER: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 24 1276, by Senator Fuschillo, Senate Print 2728, 25 an act to establish the Baldwin-West End Canal

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(518) 371-8910 1 repair and maintenance district. 2 ACTING PRESIDENT MEIER: There is 3 a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 18. 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, 55. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1277, by Senator Fuschillo, Senate Print 2729, 15 an act to establish the Baldwin-Grand Canal 16 repair and maintenance district. 17 ACTING PRESIDENT MEIER: There is 18 a home-rule message at the desk. 19 Read the last section. 20 THE SECRETARY: Section 18. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1298, by Senator Balboni, Senate Print 5374, 5 an act authorizing the Village of East Hills. 6 ACTING PRESIDENT MEIER: There is 7 a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 5. 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, 55. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1377, by the Senate Committee on Rules, Senate 19 Print Number 5375, an act to amend the Tax 20 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, 55. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1405, by Senator Trunzo, Senate Print 1684, an 8 act to amend the Vehicle and Traffic Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. 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 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1406, by Senator Larkin, Senate Print 1736, an 22 act to authorize the Town of New Windsor. 23 ACTING PRESIDENT MEIER: There is 24 a home-rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 55. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1407, by Senator Diaz, Senate Print Number 11 2234, an act to amend the Agriculture and 12 Markets Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the 90th day. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1408, by Senator Marcellino, Senate Print

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(518) 371-8910 1 2369, an act to require the New York State and 2 Local Employees Retirement System. 3 ACTING PRESIDENT MEIER: There is 4 a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1409, by Senator LaValle, Senate Print 2514, 16 an act to amend the Education Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 9. This 20 act shall take effect one year after the date 21 on which it shall have become a law. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1410, by Senator Golden, Senate Print 2737, an 5 act to amend the Executive Law. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the first of January. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1411, by Senator Spano, Senate Print -- 18 SENATOR SCHNEIDERMAN: Lay it 19 aside. 20 ACTING PRESIDENT MEIER: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 1412, by Senator Larkin, Senate Print 2946, an 24 act to provide for the classification of Louis 25 M. Klein.

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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 3. 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, 55. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1413, substituted earlier today by Member of 14 the Assembly Galef, Assembly Print Number 15 6371, an act authorizing Bryan R. Watson. 16 ACTING PRESIDENT MEIER: There is 17 a home-rule message 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, 55. 25 ACTING PRESIDENT MEIER: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1414, by Senator Volker, Senate Print 3320, an 4 act in relation to allowing Carol A. Meissner. 5 ACTING PRESIDENT MEIER: There is 6 a home-rule message at the desk. 7 Read the 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, 55. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1415, by Senator Maziarz, Senate Print 4478, 18 an act to amend the Civil Service Law. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1417, by Senator Hannon, Senate Print 4611, an 6 act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT MEIER: Read the 8 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, 55. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1418, substituted earlier today by Member of 19 the Assembly R. Diaz, Assembly Print Number 20 4189, an act to amend the Environmental 21 Conservation Law and others. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1419, by Senator Seward, Senate Print 4951A, 9 an act in relation to granting. 10 ACTING PRESIDENT MEIER: There is 11 a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 3. 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, 56. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1420, by Senator Leibell, Senate Print 4967, 23 an act to authorize the Town of Yorktown. 24 ACTING PRESIDENT MEIER: There is 25 a home-rule message at the desk.

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(518) 371-8910 1 Read the 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, 56. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 The record should reflect there was 11 also a home-rule message with regard to 12 Calendar 1419. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: Calendar Number 16 1421, by Senator Flanagan, Senate Print 5128, 17 an act to amend the Executive Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 1422, by Senator Wright, Senate Print 5308, an 5 act to amend Chapter 519 of the Laws of 1999. 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, 56. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1423, substituted earlier today by Member of 18 the Assembly Parment, Assembly Print Number 19 6467, an act to amend the General City Law and 20 the Town 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, 57. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1427, by Senator Meier, Senate -- 8 SENATOR SCHNEIDERMAN: Lay it 9 aside. 10 ACTING PRESIDENT MEIER: Lay the 11 bill aside. 12 THE SECRETARY: Calendar Number 13 1428, by Senator Wright, Senate Print -- 14 SENATOR SKELOS: Lay it aside for 15 the day, please. 16 ACTING PRESIDENT MEIER: Lay the 17 bill aside for the day. 18 THE SECRETARY: Calendar Number 19 1429, by Senator Golden, Senate Print 5548, an 20 act to amend Chapter 779 of the Laws of 1986. 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. 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 at this time. 11 ACTING PRESIDENT MEIER: The 12 Secretary will conduct the controversial 13 reading of the calendar. 14 The Secretary will ring the bell. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1056, by Member of the Assembly Lafayette, 18 Assembly Print Number 2156, an act to amend 19 the Vehicle and Traffic Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 SENATOR SCHNEIDERMAN: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT MEIER: Senator 2 Larkin, Senator Schneiderman has requested an 3 explanation with regard to Calendar 1056. 4 SENATOR LARKIN: Senator 5 Schneiderman, the question I presume you're 6 going to ask is the relationship from what the 7 City of New York has just come up with. 8 They've come up with a sincere question. 9 They're going to reduce something 10 to writing, and we will meet with them on 11 Monday and we'll resolve it. 12 ACTING PRESIDENT MEIER: Senator 13 Schneiderman. 14 SENATOR SCHNEIDERMAN: Thank you, 15 Mr. President. 16 I think that Senator Larkin is 17 demonstrating some psychic abilities here in 18 divining what my question is. 19 Just to clarify -- 20 SENATOR HANNON: Psychiatric. 21 SENATOR SCHNEIDERMAN: That's a 22 different issue. 23 (Laughter.) 24 SENATOR SCHNEIDERMAN: The issue 25 that was raised by the city which I believe

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(518) 371-8910 1 you were addressing is the city's concern that 2 the Department of Motor Vehicles should be the 3 primary agency responsible for identifying who 4 is the insurer of a vehicle that is impounded 5 and notifying the insurer rather than the 6 overburdened police department. 7 Is that the issue that you're going 8 to be clarifying with the city? 9 SENATOR LARKIN: Yes. 10 SENATOR SCHNEIDERMAN: Thank you, 11 Mr. President. 12 I'd like to thank Carnac the 13 Magnificent for divining that from my intent. 14 Thank you. 15 ACTING PRESIDENT MEIER: Does any 16 other Senator wish to be heard on the bill? 17 Debate is closed, then. 18 The Secretary will ring the bell. 19 Members are asked to come to the chamber for a 20 vote. 21 Read the 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 ACTING PRESIDENT MEIER: The 3 Secretary will announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1056 are 6 Senators Duane, Gonzalez, L. Krueger and 7 Savino. 8 Ayes, fifty -- excuse me. Absent 9 from voting: Senators Breslin and Parker. 10 Also recorded in the negative -- 11 ACTING PRESIDENT MEIER: Could we 12 see the no votes again, please, the no votes 13 on this calendar. 14 Could we ask members to take their 15 seats when we're trying to conduct a vote. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1056 are 18 Senators Duane, Gonzalez, Hassell-Thompson, 19 L. Krueger and Savino. 20 Those Senators absent from voting: 21 Breslin and Parker. 22 Ayes, 54. Nays, 5. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 Senator Montgomery, why do you

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(518) 371-8910 1 rise? 2 SENATOR MONTGOMERY: Yes, Mr. 3 President, I would just like the record to 4 reflect that, being consistent, I would have 5 been voting no on Calendar 616 had I been here 6 on the consent calendar roll call. Thank you. 7 ACTING PRESIDENT MEIER: The 8 record will so note. 9 THE SECRETARY: Calendar Number 10 1411, by Senator Spano, Senate Print 2892A, an 11 act to amend the Election Law. 12 SENATOR SCHNEIDERMAN: 13 Explanation. 14 ACTING PRESIDENT MEIER: Senator 15 Spano, Senator Schneiderman has requested an 16 explanation. 17 SENATOR SPANO: This is a very 18 simple bill, Mr. President, one that says we 19 will prohibit a polling place from having more 20 than five election districts located in it. 21 Outside of the City of New York. 22 ACTING PRESIDENT MEIER: Senator 23 Schneiderman. 24 SENATOR SCHNEIDERMAN: I'd like 25 to thank the sponsor and his coaching staff

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(518) 371-8910 1 for that response. 2 Mr. President, on the bill. 3 ACTING PRESIDENT MEIER: Just a 4 second, Senator. 5 Senator Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you. 7 The concern that some of us have 8 with this piece of legislation -- which is to 9 say that if you have a polling place today 10 that has six election districts in it, that 11 will have to be split up into two separate 12 polling places in two separate locations. 13 The problem that some of us have -- 14 and this, I believe, emerges out of some of 15 the issues that came up in last year's 16 election cycle -- is that the current state of 17 the law, as demonstrated last year, is that if 18 you go to the right polling place but vote in 19 the wrong election district, your vote will 20 still be counted. So a polling place that has 21 six EDs, if you just get to the right 22 building, your vote will be counted. 23 But if you start breaking them up 24 and creating lots more polling places with 25 only a few EDs each, everyone who goes to the

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(518) 371-8910 1 wrong polling place, the so-called "wrong 2 church, wrong pew" voter, that person is 3 disenfranchised. And that, I think, is the 4 wrong way to go. 5 We should be moving towards trying 6 to count every vote of someone who is a 7 legitimately registered voter in a particular 8 jurisdiction attempting in good faith to vote 9 by going to a polling place. 10 This bill will actually have the 11 effect of disenfranchising people. I think 12 that we have the Help America Vote Act. This 13 is the, you know, Hurt Americans Trying to 14 Vote Act, in some respects. And I think that 15 it is the wrong approach to the problem. 16 I think if we want to address the 17 problem, we should do it by dealing with the 18 issue of disenfranchisement for people who go 19 in good faith to the wrong polling place and 20 attempt to cast -- and cast their ballot and 21 have that ballot accepted by the election 22 inspectors. Again, anyone who is sent to a 23 different polling place has no problem. 24 We're talking about the 25 disenfranchisement of people who go to a

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(518) 371-8910 1 polling place and have their ballot accepted 2 by an inspector. That's just wrong to 3 disenfranchise those people. And this bill 4 clearly will exacerbate that problem and 5 create more disenfranchised voters. 6 So I suggest that we vote no and 7 come up with a different approach to dealing 8 with this problem. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MEIER: Senator 11 Dilan. 12 SENATOR DILAN: Mr. President, I 13 believe there's an amendment at the desk. I 14 ask that the reading of the amendment be 15 waived, and I ask to be heard on the 16 amendment. 17 ACTING PRESIDENT MEIER: Your 18 amendment is at the desk. The reading is 19 waived, and you're recognized for the purpose 20 of explaining the amendment. 21 SENATOR DILAN: Thank you. 22 This amendment would give voters 23 the benefit of the doubt. It would codify the 24 Court of Appeals decision in Panio v. 25 Sunderland and ensure that ballots cast in the

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(518) 371-8910 1 wrong election districts and at the correct 2 polling place be counted. 3 It would also go further than that 4 decision to clarify our notoriously muddy 5 Election Law, which has been used to 6 disenfranchise voters for what are essentially 7 procedural mistakes. It says that if you cast 8 your ballot in the wrong polling place but in 9 the correct county, your vote is to be 10 counted. 11 Let me share with you an op-ed from 12 Journal News dated February 4, 2005, and 13 quote: "We see no material difference between 14 the voter who goes to the proper polling place 15 but the wrong election district and the voter 16 who goes to the improper polling place and of 17 course the wrong election district. 18 "Given our abundance of technology 19 and means for sharing information, we believe 20 it is a ministerial error and an electoral 21 embarrassment when poll workers do not or 22 cannot direct voters to the proper location." 23 And I agree with that quote. 24 Let us take a stand and say that 25 we're going to give the voters the benefit of

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(518) 371-8910 1 the doubt who are duly registered and who care 2 enough about our political process, and have 3 their vote counted. I urge my colleagues to 4 join me today to ensure that in future 5 elections, every vote is to be counted. 6 Thank you. 7 ACTING PRESIDENT MEIER: Those 8 Senators in agreement with the amendment 9 please signify by raising your hand. 10 THE SECRETARY: Those recorded in 11 agreement are Senators Andrews, Brown, Connor, 12 Dilan, Duane, Gonzalez, Hassell-Thompson, 13 Klein, L. Krueger, C. Kruger, Montgomery, 14 Onorato, Oppenheimer, Paterson, Sabini, 15 Sampson, Savino, Schneiderman, Serrano, 16 A. Smith, M. Smith, Stachowski, Stavisky and 17 Valesky. 18 THE PRESIDENT: The amendment is 19 not agreed to. 20 Is there any other Senator who 21 wishes to be heard on this bill? 22 Then the debate is closed. 23 Senator Krueger. 24 SENATOR LIZ KRUEGER: Thank you, 25 Madam President. I would like to speak on the

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(518) 371-8910 1 bill. 2 I would like to raise the point 3 that there are so many issues in voter rights 4 that we should be dealing with with 5 provisional ballot procedures that we have 6 almost none of in the State of New York. 7 With the fact that the real problem 8 at polling sites -- and I think Senator Spano 9 and I might agree that some of this experience 10 comes from the 35th District -- is that we 11 have poll sites without any information 12 available to help voters determine where 13 they're supposed to be voting or if they're in 14 the correct location. 15 That we don't have enough training 16 for our poll workers throughout the State of 17 New York. That we've got voters who 18 reasonably can be confused about where they're 19 supposed to vote, especially if they haven't 20 voted in a while or their location has moved, 21 and that this bill does nothing to address 22 this. 23 In addition, this bill conceivably 24 costs our boards of elections significant 25 amounts of money without, it's my

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(518) 371-8910 1 understanding, any discussion with boards 2 around the state about their position on this. 3 Because if they have to open far more polling 4 sites and have far more monitors and have more 5 machines, potentially, if they go down the 6 road particularly of optical scanning 7 machines, and if they've got to oversee an 8 election process with an even larger number of 9 sites that might not have access for the 10 disabled, that might not have the materials 11 that are available, that might not have enough 12 people to get to those sites during the day to 13 ensure that they're operating correctly, that 14 this bill sends us in the reverse direction of 15 where we should be going. 16 We've got a timeline, we have 17 already failed to meet it, for HAVA. We've 18 got so many issues we need to address 19 legislatively and at the local level to ensure 20 that voters find it easier to vote or ensure 21 that when they go to vote they are allowed to 22 vote and that their registration is recognized 23 legally, that this proposal, while it might 24 address some issues for some small specific 25 areas, in fact, I would argue, is going to

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(518) 371-8910 1 create greater problems for the majority of 2 New York. 3 But frankly, it's a one-house bill, 4 so I doubt that it will have any impact 5 because it won't move forward into law. But I 6 wish we were discussing the real issues 7 involved with improving our voter system and 8 our voting day and polling site system here in 9 New York, rather than one-house bills. And 10 I'm sorry that our hostile amendments weren't 11 accepted. 12 I'll be voting no. 13 Thank you, Madam President. 14 THE PRESIDENT: The debate is 15 closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator Spano, to 23 explain your vote. 24 SENATOR SPANO: To explain my 25 vote, Madam President. Just to clarify a

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(518) 371-8910 1 couple of things that were said. 2 I agree with Senator Krueger that 3 there are some -- a number of other issues 4 that we need to deal with as a part of 5 Election Law reform, many of which will be 6 discussed as we continue our discussions with 7 HAVA. And with regard to training of election 8 inspectors, that's certainly an issue that 9 will be discussed, as well as finance, through 10 the HAVA negotiations. 11 We have an additional bill that 12 hopefully we'll address before the end of the 13 session that will talk to the coordinator 14 issue, so that if there are more than two, 15 less than five election districts in one 16 location, there will be required to be a 17 coordinator there to -- so people know where 18 they should go to vote. 19 To address the whole issue of the 20 amendment as well, if we pass this bill and 21 this is signed into law, we will not need to 22 codify the Court of Appeals decision because 23 the fact is that the "right church, wrong pew" 24 people will know where to vote. 25 We will eliminate what is currently

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(518) 371-8910 1 happening across this state, and certainly in 2 my district, where there's one location with 3 14 election districts, in one location. 4 Some of those election districts 5 have three and four tables, more than one 6 machine, two and three machines. Could you 7 imagine the confusion at this one location 8 when you have thousands of people trying to go 9 in and vote? 10 So Senator Schneiderman wants to 11 talk about disenfranchising. We are 12 enfranchising voters, removing the confusion 13 that exists out there right now. And to do 14 anything more, such as was suggested by the 15 minority amendment, would be an invitation for 16 election fraud. 17 I vote aye. 18 THE PRESIDENT: You will be 19 recorded, Senator Spano, as voting in the 20 affirmative. 21 Senator Balboni, to explain your 22 vote. 23 SENATOR BALBONI: Yes, Madam 24 President. Anyone who has gone on election 25 night to a polling place with more than one

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(518) 371-8910 1 machine knows firsthand the confusion that is 2 associated with that exercise. You've got 3 people coming back and forth saying what 4 machine is it, what's the count, and you have 5 people yelling back and forth. That's 6 confusion. 7 The argument proffered by the 8 minority is logically inconsistent, in that if 9 you're concerned about right church, wrong 10 pew, then you should support any type of 11 limitation on the number of pews. That would 12 be the way to solve this problem. 13 And as far as moving the whole 14 process on in terms of electoral reform, we 15 need more proposals out there, because the 16 silence, particularly from the other side, is 17 deafening. 18 I join in voting aye on this 19 measure. Thank you. 20 THE PRESIDENT: Senator Balboni, 21 you will be recorded as voting in the 22 affirmative. 23 Senator Schneiderman, to explain 24 your vote. 25 SENATOR SCHNEIDERMAN: Thank you,

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(518) 371-8910 1 Madam President. 2 THE PRESIDENT: You're welcome. 3 SENATOR SCHNEIDERMAN: I just 4 want to clarify something, because I think 5 that my last two colleagues have addressed 6 issues that were not raised by Senator Dilan's 7 amendment, really. 8 The issue here is not concerned 9 about right church, wrong pew. If you go into 10 a polling place and are confused and cast your 11 ballot in the wrong election district, your 12 ballot is still counted. You are not 13 disenfranchised. So the effort to distract us 14 on that issue I think is mistaken. 15 The concern here is that this 16 legislation will increase the number of valid 17 votes cast by duly registered voters 18 attempting to exercise their right. Because 19 it is not the case that if you go into the 20 wrong polling place your vote will be counted. 21 So I think, with all due respect to 22 my colleagues, we should be working on this 23 further. I think the amendment was 24 well-founded. 25 And I also would note, as Senator

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(518) 371-8910 1 Spano referred to HAVA, we currently do not 2 have conference committees meeting on HAVA. 3 While the Assembly is willing to reauthorize 4 the conference committees, the leadership of 5 this house is not. And I would suggest that 6 that might be a place where we could put our 7 energy if we want to advance the issue of 8 reforming the election laws before this 9 session is out. 10 I vote no. 11 Thank you, Madam President. 12 THE PRESIDENT: You will be 13 recorded as voting in the negative on this 14 bill. 15 The Secretary will announce the 16 results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1411 are 19 Senators Andrews, Dilan, Duane, Gonzalez, 20 Hassell-Thompson, L. Krueger, C. Kruger, 21 Little, Montgomery, Onorato, Oppenheimer, 22 Paterson, Savino, Schneiderman, Serrano, 23 A. Smith and Stavisky. 24 Absent from voting: Senator 25 Parker.

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(518) 371-8910 1 Ayes, 43. Nays, 17. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1427, by Senator Meier, Senate Print 5502, an 6 act to amend the Criminal Procedure Law and 7 others. 8 SENATOR HASSELL-THOMPSON: 9 Explanation. 10 THE PRESIDENT: Senator Meier, an 11 explanation has been requested. 12 SENATOR MEIER: Thank you, Madam 13 President. 14 This bill really represents one of 15 the first attempts to significantly change the 16 juvenile justice system in this state since 17 the enactment of the Family Court Act itself 18 over 20 years ago. 19 And it is undeniable, one can see 20 it every day in everyday experience and in the 21 daily news media, that certainly society has 22 changed over those 20 years, and the nature 23 and kinds of criminal activity engaged in by 24 young people and juveniles has certainly 25 changed. And this bill seeks to respond to

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(518) 371-8910 1 that. 2 Let me summarize it very briefly. 3 It gives the Family Court the capacity to 4 increase dispositions for juvenile offenders 5 ages 13 to 16 who commit violent crimes, 6 youthful offenders ages 16, 17, or 18 who 7 commit violent crimes, and juvenile 8 delinquents, who are not prosecuted as adults. 9 It expands the category of crimes 10 for which juvenile delinquents can be 11 prosecuted as adults and specifically 12 addresses the area of permitting the court to 13 address those who commit murder at the age of 14 12 as juvenile offenders. 15 One of the most important elements 16 of this bill is that it mandates that every 17 juvenile delinquent adjudicated as such 18 receive some sort of sanction and particularly 19 focuses on elements, if the child is 10 years 20 of age or older, on some kind of restitution 21 or community service. 22 It authorizes the Family Court, and 23 gives them a tool that they presently don't 24 have, to require parental participation as a 25 condition of a disposition and particularly as

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(518) 371-8910 1 a condition of a sentence of probation. And I 2 don't think anyone can doubt the merits of 3 requiring that kind of participation, of 4 involving the parent in the dispositional 5 planning of a juvenile delinquent. 6 There are some procedural kinds of 7 reform which deal with making juvenile 8 delinquency proceedings more public. Under 9 the existing Family Court Act, juvenile 10 delinquency proceedings are presumptively 11 public proceedings, but the court has great 12 leeway to restrict those. This would restrict 13 such closing of the courtroom to exceptional 14 circumstances. 15 And it does require that we take a 16 very systematic and studied look at the entire 17 area of alternatives to incarceration, sets up 18 a commission to look at those alternatives and 19 to report back. 20 It is, I think, a balanced look at 21 the Family Court Act. It institutes some 22 much-needed changes and brings us into this 23 21st century with our Family Court Act to 24 address some elements of our modern life that, 25 like it or not, we do need to take a look at.

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(518) 371-8910 1 Thank you, Madam President. 2 THE PRESIDENT: Is there any 3 other Senator wishing to be heard? 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Yes, 6 thank you, Madam President. I think I'll just 7 speak on the bill. 8 THE PRESIDENT: You may proceed 9 on the bill. 10 SENATOR HASSELL-THOMPSON: Thank 11 you. 12 Last year, when this bill came 13 before us, I gave you a very long, lengthy and 14 in some instances I think perhaps technical 15 dissertation on my concerns about this bill. 16 Suffice it to say that it is my 17 opinion that there have been no changes in 18 this bill from the perspective of concern that 19 I raised that this is a criminal justice 20 approach that's very heavy on incarceration 21 and light to none on prevention. 22 I don't disagree with Senator Meier 23 that many of the juvenile justice and our 24 criminal -- not our criminal, but our Family 25 Court rulings are archaic and need to be

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(518) 371-8910 1 remedied. 2 But I also caution us to continue 3 to look at one factor. And that is that as we 4 continue to look at lowering the age of 5 incarceration of our young people, 6 criminalizing activities and behaviors that 7 heretofore -- and I'm not speaking about 8 violent crimes, but rather those kinds of 9 actions, initiatives that we have taken in 10 this body this year, and in the five years 11 that I've been here, to criminalize behavior 12 that is not violent behavior but, rather, 13 raising misdemeanors and raising so many of 14 the juvenile crimes to felonies. 15 I cited a report that the American 16 Bar Association, in association with the 17 National Bar Association, put out that talks 18 about justice by gender. And it's a gender 19 bias report that I reference that the numbers 20 of girls that continue to go into the juvenile 21 justice system is increasing. 22 And even though I have read the 23 statistics that talk about decreases or 24 declines in the numbers of the cases since 25 1995, recidivism is not as great in many of

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(518) 371-8910 1 the areas as they ought to be. 2 For instance, our alternatives to 3 incarceration does work. And according to the 4 Juvenile Justice Coalition, in 2003, 5 46 percent of the youth released from the 6 Department of Juvenile Justice youth jails 7 returned to DJJ custody in the same year. In 8 contrast, one of the largest alternative to 9 incarceration programs had a recidivism rate 10 of less than 17 percent. 11 And I guess I heard you, Senator 12 Meier, talk about you felt that this was a 13 good balance. But I don't see the balance. I 14 don't feel it or see it in terms of how we 15 connect the dots in relationship to how we 16 budget money for our youth programs. 17 When we look at our summer youth 18 issues and look at the numbers of summer youth 19 jobs that continue to be cut -- and when we 20 know that summer jobs were created for the 21 sole purpose of finding positive ways to 22 engage our young people during our summer 23 months -- we don't, for some reason, seem to 24 be talking the same language. Because in the 25 absence of these jobs, criminal activities do

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(518) 371-8910 1 in fact increase during the summer months. 2 And we also don't take into 3 consideration the fact that many of these 4 young people are partly responsible for 5 assisting in the economic empowerment of their 6 own families. 7 I would just -- I'd like to be able 8 to say that I agree with you and could vote 9 for this bill in total, but there are too many 10 unmet needs that continue. In these chambers 11 we have the power to review and assess what we 12 do so that, when we connect the dots and 13 create a picture, we have participated in the 14 prevention side as much as we have in the 15 incarceration side. 16 Therefore, Madam President, I will 17 be continuing to vote no. 18 THE PRESIDENT: Senator Duane. 19 SENATOR DUANE: Thank you, Madam 20 President. On the bill. 21 THE PRESIDENT: You may proceed 22 on the bill. 23 SENATOR DUANE: I could be 24 mistaken about this, but -- and if I am, then 25 please forgive me. But I still am not aware

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(518) 371-8910 1 of any hearings that occurred around the state 2 on this omnibus bill. 3 And if we're to overhaul the 4 juvenile justice system, then I think we need 5 to think really long and hard about what we're 6 doing and that we need to bring in the 7 experiences from other states around the 8 nation, from district attorneys and also those 9 who defend juveniles in our criminal justice 10 system. 11 It's clear that early intervention 12 is a more effective tool for stopping a young 13 person who is headed down the wrong path. And 14 yet until something terrible happens, we don't 15 focus on that, which is the most important 16 element of trying to save young people's lives 17 before they're destroyed by their getting into 18 criminal activities. 19 The same is true for adults as for 20 young people, that our criminal justice system 21 for young and old should be about 22 rehabilitation and not just punishment. And I 23 think that as legislators we need to be 24 educators on that and not just be pandering to 25 the public's worst fears, particularly as it

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(518) 371-8910 1 concerns young people. That we would risk 2 throwing away even more young people I think 3 is a travesty. 4 If we were really serious about 5 trying to prevent young people from continuing 6 in a life of delinquency and then going into a 7 life of crime, then from the get-go -- and 8 this is one of the elements of the bill, but 9 it doesn't go far enough -- we would treat 10 more young people as youthful offenders and 11 not juvenile offenders. Youthful offenders 12 can go to the Family Court. 13 In fact, I would say that we should 14 reverse what has happened in this state, which 15 makes us one of the most backward, I think, 16 states in the nation, and that youthful 17 offenders as well as juvenile offenders should 18 all go to the Family Court first. And while 19 the Family Court has more tools at its 20 disposal than the criminal court, we need to 21 give them even more tools to save and 22 rehabilitate young people. 23 As I'm sure my colleagues know, 24 right now if you are being prosecuted as a 25 juvenile offender, you go to criminal court.

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(518) 371-8910 1 And so a young person goes before a judge that 2 sees many, many adults who have perhaps 3 entered into a life of crime. And I believe 4 it's hard for those judges to see that a young 5 person is different than an adult. 6 And that young people in our state 7 should go before Family Court judges so 8 that -- because those are the judges that 9 actually are used to dealing with young 10 people. And we need to give those judges more 11 resources to save more young people's lives. 12 Now, I know that's a long way off, 13 but it's something that could absolutely be 14 considered if we did bring together experts 15 from around the nation on the issue of 16 juvenile justice. 17 And finally, I would just like to 18 remind my colleagues, many of whom have 19 children, and ask them to look at their 20 12-year-olds and really think about whether or 21 not their 12-year-old child should be treated 22 the same as an adult. I don't think so. 23 I'll be voting no on this, Madam 24 President. 25 THE PRESIDENT: Senator

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(518) 371-8910 1 Montgomery. 2 SENATOR MONTGOMERY: Yes, Madam 3 President. I will just speak on the bill. 4 THE PRESIDENT: You may proceed 5 on the bill. 6 SENATOR MONTGOMERY: Yes. First 7 I want to remind my colleagues that I count at 8 least five bills that are directly related to 9 criminalizing children on our calendar today. 10 So clearly this is a rush to the bottom as it 11 relates to how we handle young people and what 12 message we give them in terms of how we feel 13 about them. 14 I see that this bill permits 14- 15 and 15-year-olds to be prosecuted as adults 16 for a number of designated felony offenses, 17 including aggravated assault on a police or 18 peace officer and et cetera, et cetera. 19 Now, 14- and 15-year-olds who come 20 in contact with a police officer and somehow 21 is angry, even if he yells at that police 22 officer, that young person is going to be 23 charged with assault. I know that because I 24 have it happen over and over again for young 25 people in my district.

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(518) 371-8910 1 And to say that we're going to now 2 treat them as if they have committed a heinous 3 crime I think is for us, as legislators, 4 absolutely an abomination. 5 And to say that we're going to now 6 deal with 12-year-olds -- a 12-year-old, in my 7 estimation, is a baby. And we should look at 8 children differently from the way that we look 9 at seasoned criminals in our society. 10 But as my colleague has pointed 11 out -- Senator Duane -- we have not had any 12 hearings on this to really explore what the 13 possibilities are for dealing with young 14 people. We have not really dealt with 15 alternatives to incarceration. 16 There is no funding in here for 17 youth courts in our state that would be able 18 to handle issues regarding youth in a very 19 different way. There is no funding in here 20 for a serious alternative-to-incarceration 21 approach to young people. 22 So clearly this is simply a 23 punishment and imprisonment bill. That's all 24 that it is. It extends the sentences and 25 creates additional sentences and it takes into

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(518) 371-8910 1 our criminal justice system now 12-year-olds. 2 I suppose next year we'll go to 11-year-olds. 3 So, Madam President, I'm voting no 4 on this. I think it is a terrible message as 5 a legislature to send to constituents in our 6 state, especially those of them who are most 7 vulnerable, and that is our children. 8 Thank you. 9 THE PRESIDENT: Senator Sampson. 10 SENATOR SAMPSON: Would the 11 sponsor yield for a couple of questions. 12 THE PRESIDENT: Senator Meier, 13 will you yield for a question? 14 SENATOR MEIER: Of course, Madam 15 President. 16 THE PRESIDENT: You may proceed 17 with a question, Senator. 18 SENATOR SAMPSON: Through you, 19 Madam President, what percentage of crimes 20 have been committed by the youth within the 21 last three years that causes for such -- the 22 basis for such bills? 23 SENATOR MEIER: I want to be 24 clear on your question, Senator. What 25 percentage of crimes -- I lost you after that.

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(518) 371-8910 1 SENATOR SAMPSON: I'm sorry, let 2 me be clear. The -- what percentage of crimes 3 that have been committed by the youth within 4 the last three years would cause for such -- 5 the basis for such a bill? 6 SENATOR MEIER: Well, I mean, I 7 don't have -- 8 SENATOR SAMPSON: Let me try 9 it -- 10 SENATOR MEIER: I don't have 11 numbers for you in terms of what percentage. 12 And I'm not clear on what you're calling 13 youth. 14 But I think this. You know, the 15 argument is being posed here, I guess, that 16 somehow we're, as a blanket matter, saying 17 that we're going to start treating children 18 like adults, that we're going to start 19 treating 12-year-olds like adults. 20 Now, when my son and daughter were 21 12-year-olds, I didn't expect them to be 22 treated like adults. I didn't permit them to 23 drive. The State of New York doesn't permit 24 them to vote. I didn't permit them to use 25 alcohol or smoke cigarettes. But I sure as

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(518) 371-8910 1 heck didn't expect them to commit violent 2 felonies, either. 3 And I must tell you, frankly, that 4 one of the great conceits of modern time is 5 that every single aspect of the human 6 condition is subject to therapy. A lot of it 7 is, and we need to concentrate on that and 8 work on it. But what do you do when a 12- or 9 13- or 14-year-old unapologetically, 10 unabashedly commits violent felonies, up to 11 and including murder? And I think that is the 12 reason for many of the provisions in this 13 bill. 14 Now, it's also important to note 15 that what we're talking about is children in 16 those age categories being treated as juvenile 17 offenders. And the juvenile sentencing 18 structure, Madam President, as everyone well 19 knows, is somewhat more stringent than that 20 available for a juvenile delinquent, but not 21 precisely the same -- indeed, somewhat less -- 22 than that for people prosecuted purely as 23 adults. 24 SENATOR SAMPSON: Through you, 25 Madam President, would the sponsor continue to

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(518) 371-8910 1 yield. 2 THE PRESIDENT: Senator Meier, do 3 you yield for a question? 4 SENATOR MEIER: Yes, Madam 5 President. 6 THE PRESIDENT: You may proceed, 7 Senator. 8 SENATOR SAMPSON: Well, how many 9 12-year-olds have committed assault on police 10 officers? 11 SENATOR MEIER: Well, Senator, I 12 don't know. But for the sake of argument, 13 let's say it's not many. Let's say it's a 14 hundred. What -- what -- 15 SENATOR SAMPSON: Through you, 16 Madam President, would the sponsor continue to 17 yield. 18 THE PRESIDENT: Senator Meier, do 19 you yield? 20 SENATOR MEIER: Of course, Madam 21 President. 22 THE PRESIDENT: You may proceed, 23 Senator. 24 SENATOR SAMPSON: The basis for 25 this bill is based upon the antiquated Family

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(518) 371-8910 1 Court Act and also the increase of juveniles 2 committing crimes. 3 But if we don't know the percentage 4 of crimes that have been committed by 5 12-year-olds on police officers, or gang 6 assaults in the first degree, then how can we 7 talk about increasing the penalty with respect 8 to 12-year-olds, 14-year-olds, basically 9 juveniles and youths? 10 SENATOR MEIER: Well, Senator, I 11 mean using such highly sophisticated research 12 techniques as reading the newspaper, just this 13 week, in the city of New York, a 9-year-old 14 took a knife and murdered an 11-year-old. 15 That is the kind of thing that seems to be 16 becoming more and more commonplace. 17 And you mention the whole idea or 18 the whole notion of gang activity. And we 19 know from talking to prosecutors out there and 20 criminal court judges, Family Court judges, 21 that some people who engage in gang activity 22 will deliberately go out and recruit people 23 who are below an age where they could be 24 prosecuted as adults and recruit them to carry 25 out various activities, whether it's running

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(518) 371-8910 1 drugs or whether it's committing assaulting or 2 even murders. And those are the kinds of 3 situations that I think this is meant to 4 address. 5 Now, earlier when I said this was a 6 balanced bill, one of the things that it does 7 say that we need to do is to take a very 8 extensive look at alternatives to 9 incarceration. 10 It is also balanced in terms of 11 bringing into the mixture some people who 12 really, frankly speaking, don't count for much 13 in the present juvenile justice system, and 14 that's victims, in terms of involving them in 15 the dispositional phase. 16 But although -- you know, if you 17 want to ask me a series of questions about how 18 many 12-year-olds have committed murder over 19 the last year or committed assaults or so 20 forth, I'm -- I'm frankly not going to be able 21 to give you those statistics. But we do know 22 that it's there and that it is certainly 23 something that is unfortunately much more 24 present than it was 20 years ago. 25 SENATOR SAMPSON: Through you,

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(518) 371-8910 1 Madam President, would the sponsor continue to 2 yield for a question. 3 THE PRESIDENT: Senator Meier, 4 will you yield for another question? 5 SENATOR MEIER: Yes, Madam 6 President. 7 THE PRESIDENT: You may proceed 8 with a question. 9 SENATOR SAMPSON: From the mayor 10 to the governor, they talked about how crime 11 is on the decline in our communities. And 12 when looking at -- it's not only good to look 13 at alternatives to incarceration; I would like 14 to know what recommendations are within this 15 bill with respect to alternatives for 16 incarceration when dealing with the juveniles. 17 If any. 18 SENATOR MEIER: Well, the bill 19 contemplates a number of things, Madam 20 President. 21 For example, the present Family 22 Court Act does not in every instance make 23 provision for restitution or community 24 service. This bill does that. 25 The present Family Court Act does

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(518) 371-8910 1 not give the Family Court judge extensive 2 authority to require the involvement of a 3 parent in a dispositional phase as a condition 4 of probation. This bill does that. And, I 5 think, might give a judge in some instances 6 the tools to say, Okay, maybe we'll try to 7 work out some kind of conditional disposition 8 here. Conditioned on community service, 9 perhaps restitution, perhaps some kind of 10 program involving the parent. And then, if 11 that fails, only at that point consider 12 incarceration. 13 So those are some of the things 14 that this bill does look at. 15 Now also, outside the context of 16 this bill, really, the idea that the State of 17 New York doesn't invest in preventive services 18 is really not one that's entirely accurate. 19 For example, in the budget that we 20 just passed we increased, in just one program 21 area, we increased by some $10 million the 22 amount of money that will be spent on the 23 Summer Youth Employment Program. We're going 24 to spend $25 million as opposed to the 25 $15 million that we spent last year.

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(518) 371-8910 1 So I think there are also some 2 things transpiring outside the four corners of 3 this bill. 4 SENATOR SAMPSON: Through you, 5 Madam President -- 6 THE PRESIDENT: Senator Sampson. 7 SENATOR SAMPSON: -- would the 8 sponsor yield for one last question. 9 THE PRESIDENT: Senator Meier, 10 will you yield for a final question? 11 SENATOR MEIER: Of course, Madam 12 President. 13 THE PRESIDENT: You may proceed 14 with a final question, Senator Sampson. 15 SENATOR SAMPSON: Through you, 16 Madam President. In the bill it talks about 17 giving access, giving the police officers or 18 peace officers access to juvenile delinquent 19 records. 20 Don't they have access already to 21 juvenile delinquent records if individuals are 22 applying for jobs as police officers or peace 23 officers? 24 SENATOR MEIER: Give me a moment 25 while I confer with learned counsel here.

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(518) 371-8910 1 They have access only on a limited 2 kind of basis. They can gain access to 3 juvenile records when -- if the individual, 4 for example, were to apply actually to become 5 a police officer himself or herself. 6 But in terms of whatever relevance 7 it may have to a case under investigation, I 8 don't believe they have access now. 9 SENATOR SAMPSON: Through you, 10 Madam President, will the sponsor yield for 11 just a follow-up question. I don't understand 12 something he just said. 13 THE PRESIDENT: Senator Meier, 14 will you yield for another question? 15 SENATOR SAMPSON: Post-final 16 question. 17 SENATOR MEIER: The last was the 18 penultimate question, and this is the final 19 question. 20 THE PRESIDENT: You may proceed, 21 Senator. 22 SENATOR SAMPSON: When you say 23 through investigations, what do you mean? 24 Investigations in employment, or 25 investigations in a police matter? What do

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(518) 371-8910 1 you mean by investigations? 2 SENATOR MEIER: Well, let me be 3 clear on your question. Are you asking -- two 4 separate issues here. 5 Are you asking about a background 6 investigation for, say, government 7 employment -- 8 SENATOR SAMPSON: Yes. 9 SENATOR MEIER: That's what 10 you're asking about. 11 SENATOR SAMPSON: Yes. 12 SENATOR MEIER: The answer is 13 yes, then. 14 But not for criminal 15 investigations. A criminal investigator would 16 not have access to the records of the JD 17 adjudication. 18 SENATOR SAMPSON: Thank you, 19 Madam President. 20 THE PRESIDENT: The debate is 21 closed. 22 Senator Krueger. 23 SENATOR LIZ KRUEGER: Thank you. 24 Thank you, Madam President. If the sponsor 25 would please yield, through you.

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(518) 371-8910 1 THE PRESIDENT: Senator Meier, 2 will you yield? 3 SENATOR MEIER: Yes, Madam 4 President. 5 THE PRESIDENT: You may proceed 6 with a question. 7 SENATOR LIZ KRUEGER: What's the 8 financial impact of this bill on the juvenile 9 justice system? 10 SENATOR MEIER: Madam President, 11 the financial impact of this bill could 12 conceivably show up in two areas. 13 One would be the increased 14 responsibility on the part of probation 15 departments to do some dispositional planning. 16 But I'm sure that's a cost that everyone on 17 both sides of the aisle would gladly bear, 18 because that includes the enhanced 19 responsibility to look at alternatives to 20 incarceration, parental involvement, community 21 service and restitution. 22 Now, many of these things, 23 depending on how well a particular probation 24 department is staffed, could probably be 25 handled by existing staff, but it might

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(518) 371-8910 1 require more time. 2 SENATOR LIZ KRUEGER: Thank you. 3 Madam President, on the bill. 4 THE PRESIDENT: You may proceed 5 on the bill, Senator. 6 SENATOR LIZ KRUEGER: Thank you. 7 I have to disagree with my esteemed 8 colleague on his analysis. I believe that the 9 cost of this bill would be exorbitant to the 10 state system. And I'm not arguing that one 11 should make a decision on a bill exclusively 12 on its cost factors. 13 But again, in disappointment that 14 we haven't had hearings around the state on 15 such an omnibus proposal, I would also argue 16 that we have failed to even start to evaluate 17 the economic cost to the state and local 18 governments of moving this legislation. 19 Since in fact in this legislation 20 we would be increasing the penalty and length 21 of stay in jail for juveniles at a cost, it 22 appears, of $130,000 a year to have a juvenile 23 in the jail system, at least in New York City, 24 and we mandate in this bill specific increased 25 timelines for various categories of felony, in

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(518) 371-8910 1 this bill we mandate up to five years of 2 post-release supervision, that's got to have 3 an enormous cost on our supervision, probation 4 post-prison system. 5 We are shifting younger and younger 6 people into a formal criminal court system -- 7 and I'll get back to that in a minute -- that 8 obviously has increased costs up and down the 9 road. 10 This is an expensive bill. I can't 11 tell you a number either; I haven't done an 12 analysis. But I would argue that since this 13 is a Governor's program bill, that he should 14 have submitted with it an economic analysis of 15 how much this was going to cost and should 16 have also submitted, for the record, why he 17 was pushing this bill in the year 2005, the 18 same year that during his own budget speech at 19 the beginning of 2005 he talked proudly about 20 the dramatic reduction in the crime rate among 21 youth. He pointed out that the crime rate for 22 those under age 16 declined by 36 percent 23 between 1995 and the year 2001. 24 He also eliminated 290 beds from 25 the OCFS facilities because (a) there was a

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(518) 371-8910 1 decreased crime rate among juveniles, and (b) 2 he was hopefully supporting expansion of 3 alternative to incarceration and 4 community-based incarceration for youth, 5 because it seemed to be working. 6 And again, if we'd had hearings on 7 the bill, we might have heard from experts who 8 were pointing out that in fact alternative 9 models are working and are more 10 cost-effective. And that actually in the 11 21st century we've learned a lot about what 12 works and what doesn't work with young people 13 and crime, and what you can do to ensure that 14 they -- even if they start off the wrong 15 direction, that they can be brought back, they 16 can in fact be rehabilitated, the damage done 17 in bad situations for young children in homes 18 can be reversed with the right kinds of 19 services. 20 And in fact while I appreciate the 21 example of a murder -- excuse me, a stabbing, 22 a 9- and an 11-year-old involved in a stabbing 23 in the newspaper, that's no way to make public 24 policy. That's just a horrendous story that 25 hits the front page of the dailies, no doubt

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(518) 371-8910 1 without any explanation of what actually led 2 up to that. 3 And so I will also rise to say that 4 we should not be treating children as adults 5 in the criminal court system, and it is 6 frightening and disturbing that we would 7 propose going down to age 12 for treating 8 children as adults in our criminal system. 9 There are good things in this bill. 10 Because it's an omnibus bill, there are pieces 11 of this that I think all of us could 12 comfortably agree with. There are certainly 13 justifications for changes made to the Family 14 Court system and the processing system and 15 authorizations of different categories. 16 Again, a bill this large, a bill 17 that claims to rewrite a set of laws that 18 haven't been changed in 23 years, is exactly 19 the kind of bill we should be bringing in the 20 experts. We have a Family Court system in 21 New York City filled with people who are 22 knowledgeable about what needs to be done. We 23 have people who have studied this in detail. 24 There are think tanks who have put out 25 research, analysis on what works and what

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(518) 371-8910 1 doesn't work in juvenile justice and in 2 rehabilitation and alternatives to 3 incarceration. 4 We have -- on the floor of this 5 Senate, I have heard my Republican 6 colleagues -- I have listened carefully as 7 Senator Volker one day argued for the 8 recognition of a second chance for people who 9 have made a mistake and that that shouldn't 10 follow them the rest of their life and that 11 there's a reason to have record seals and 12 opportunities given, particularly for the 13 foolishness of youth in some situations. I 14 think Senator Volker may remember his eloquent 15 argument in favor of that. 16 And yet in this bill we go in the 17 opposite direction. 18 So there are too many wrong things 19 in this bill. There is no analysis in this 20 bill of the very complicated proposals -- 21 again, I believe that if Governor Pataki 22 brought this to the Legislature and asked us 23 to pass this this year, there is so much more 24 work that should have been done before this 25 was submitted to us. There is something in

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(518) 371-8910 1 here everyone should have a problem with, as 2 there are things in this bill that many of us 3 would agree with. 4 I'll be voting no. I hope my 5 colleagues will vote no. But more 6 importantly, because this bill is a one-house 7 bill, I hope that next year we will spend the 8 time, both houses, throughout the state, in 9 conference and in coordination with each 10 other, having hearings, listening to the 11 experts, going over the studies at the 12 national level and state by state of what's 13 working. 14 This won't work for us. I hope 15 you'll vote no. 16 Thank you, Madam President. 17 THE PRESIDENT: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: Back 20 several years ago I used to do 21 assigned-counsel work, and I'd get involved 22 with defending a lot of people in different 23 circumstances, and many young people. And I 24 just want to recount one incident that I think 25 is pretty illustrative and I think supports

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(518) 371-8910 1 this type of approach. 2 There was a young man who -- not 3 young man, he was a young child who had a 4 habit of doing a lot of burglaries. And he 5 was able to do those burglaries really with 6 impunity, because every time he'd commit one 7 it would go before the Family Court and little 8 if anything would ever occur. 9 The thing that I remember most 10 about that case, and I will never forget, is 11 when he committed his next burglary and he 12 happened to be 16 years of age. And I went to 13 visit him to discuss the issue of bail, and he 14 was not only upset but he was indignant with 15 the fact that he was being held in jail. How 16 could this happen? This isn't the way it 17 works. The system doesn't work this way. How 18 can this happen to me? 19 And I explained to him he now had 20 reached the magic age of 16, and now he's 21 going to be treated like an adult and the 22 rules are different. 23 And from that point forward, I 24 always wondered whether or not we've got our 25 system backwards. Maybe the way the system

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(518) 371-8910 1 should work is really give a message and maybe 2 a serious penalty early on, before the second, 3 third and fourth offense, to the point of a 4 comfort level that future offenses aren't 5 going to have any consequences. 6 So I support this bill because I 7 think it does just that. It gives more tools 8 for that young person -- and not only to 9 protect the public, but also to send a message 10 earlier on that there are consequences that 11 maybe save some of these young people from 12 repeated criminal-type activity. 13 So I'm going to vote aye. 14 THE PRESIDENT: The debate is 15 closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 105. 19 This act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Senator 23 Hassell-Thompson, to explain your vote. 24 SENATOR HASSELL-THOMPSON: Yes, 25 thank you, Madam President.

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(518) 371-8910 1 One thing that I would like to make 2 clear, in case there is any lingering doubt, I 3 do believe that when juveniles commit serious 4 crimes that they do have to be punished. 5 However, it still does not make 6 sense to me to increase the sentences across 7 the board for juveniles. Nor does it make 8 sense to continue to lower the age at which 9 youth can be dealt with as adults without 10 providing sufficient prevention programs. 11 Each year the Governor's budget 12 cuts funding and services for our most needy 13 youth. Year after year we have to fight to 14 restore money to the Summer Youth Employment 15 Program. Services to runaway and homeless 16 youth, youth development and delinquency 17 prevention and especially delinquency 18 prevention programs are continually 19 underfunded. 20 Our investment in after-school and 21 prevention programs are not sufficient to keep 22 our children safe and in preventing children 23 from becoming involved in the juvenile justice 24 system in the first place. Therefore, I will 25 continue to vote no.

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(518) 371-8910 1 THE PRESIDENT: You will be so 2 recorded as voting in the affirmative. 3 Senator Breslin. 4 SENATOR BRESLIN: Thank you, 5 Madam President. 6 I commend Senator Meier for 7 bringing this to this house. There's a 8 tremendous need to reform an antiquated Family 9 Court system. 10 And I also share the concerns of 11 Senator Duane, Senator Ruth Hassell-Thompson, 12 Senator Krueger, Senator Montgomery about some 13 of the problems with this bill. 14 But their concern really shouldn't 15 be as great as it is, because this bill is not 16 going anywhere. There's no -- there's no 17 conference committee set up. There's no 18 hearings that have been held. We've wasted 19 our -- in many respects wasted our time here 20 today. 21 We've wasted our time because 22 there's not a process that leads to a 23 conclusion where something goes on the 24 Governor's desk for signature. There's no 25 participation. There's no involvement of both

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(518) 371-8910 1 houses. 2 I'll do everything I can in the 3 Assembly to work to get people to come up with 4 bills that two houses can look at, that's 5 acceptable to everybody. But that hasn't 6 happened in my nine years here. And unless 7 and until it does, this place will be 8 dysfunctional. 9 I vote aye. 10 THE PRESIDENT: You will be 11 recorded as voting in the affirmative, Senator 12 Breslin. 13 Senator Meier, to explain your 14 vote. 15 SENATOR MEIER: Thank you, Madam 16 President. I'd love to explain my vote. 17 With all due respect to all of my 18 colleagues, I have not wasted my time here 19 today. This is an important idea that needs 20 to be discussed. 21 And you know what this harkens back 22 to? This harkens back to Jenna's Law, that we 23 had to pass in this chamber several times 24 until the other body had to be shamed into 25 doing something about this situation.

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(518) 371-8910 1 The comment was made that the fact 2 that a 9-year-old killed an 11-year-old is not 3 the reason to make public policy. It's a good 4 reason to make public policy, I think, when 5 children commit murders, when gangs recruit 6 children to commit violent crimes, knowing 7 that they can't be charged or punished to any 8 degree that will deter them from doing it 9 furthermore. I think it's a good reason to 10 make public policy. 11 And there's something else I want 12 to mention, because I think it needs to be on 13 the record. I think the record will reflect 14 that I might have been the only person in this 15 debate who talked about victims. And if a 16 12-year-old murders you, guess what? You're 17 still dead. That's the balance that we need 18 in this debate: What about the victims? 19 Madam President, I vote aye. 20 THE PRESIDENT: Senator Meier, 21 you will be recorded as voting in the 22 affirmative on this bill. 23 Senator Young. 24 SENATOR YOUNG: Thank you, Madam 25 President. To explain my vote.

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(518) 371-8910 1 I want to commend Senator Meier for 2 his leadership in this issue. And not only 3 does it harken back to Jenna's Law, but it 4 also harkens back to Penny's Law that I fought 5 for for several years in the State Assembly, 6 that this house passed year after year. And 7 it increased penalties for juvenile killers, 8 14- and 15-year-olds who just take people's 9 lives wantonly. 10 And, you know, it's distressing to 11 me to hear some of my colleagues talk about 12 the fact that juveniles should be treated 13 lighter, that they can be rehabilitated, that 14 this is a waste of time. It is not a waste of 15 time. 16 As Senator Meier rightfully pointed 17 out, there are victims and there are victims' 18 families whose lives are forever changed and 19 impacted and destroyed by these juvenile 20 killers. It is not a light matter. 21 And you talk to the families of 22 people like Penny Brown, who was killed by a 23 15-year-old on Mother's Day in 1998 -- or 24 1999; she was raped and she was strangled. 25 Or you talk to the families of

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(518) 371-8910 1 people like Derrick Robie, a beautiful 2 4-year-old who was killed by a 13-year-old -- 3 sodomized, bludgeoned, strangled by a 4 13-year-old. 5 Or you talk to the family members 6 of Jennifer Bolender, from Niagara Falls, who 7 was stabbed more than 44 times by 14- and 8 15-year-old brothers. 9 These are not light crimes. And 10 you know what? The killers in these cases 11 were well-known to the juvenile justice 12 system. And maybe if we had gotten tougher in 13 this state beforehand, we could have saved 14 lives. 15 So I think that this bill is an 16 extremely important bill. It's not a waste of 17 time. And what we've got to do, instead of 18 saying we're going to sit down because this is 19 a waste of time, we have to stand up and say 20 this is important to the citizens of this 21 state, because we are going to save lives and 22 save victims if we pass this legislation. 23 I vote yes. 24 THE PRESIDENT: Senator Young, 25 you will be recorded as voting in the

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(518) 371-8910 1 affirmative on this bill. 2 Senator Parker, to explain your 3 vote. 4 SENATOR PARKER: To explain my 5 vote, Madam President. 6 First, I want to thank Senator 7 Meier for his vision and his leadership to 8 bring this bill to the floor and have us have 9 this important debate. I think that all of us 10 are profoundly struck when we hear of murders 11 amongst young people and juvenile crimes in 12 particular. 13 I however want to respectfully 14 disagree on the modality which we are choosing 15 today to try to attempt to solve it. I think 16 that increasing penalties do not necessarily 17 lead to prevention. I'm not clear that this 18 9-year-old is thinking: I may go to jail for 19 a significant amount of time if I do this 20 murder. 21 If in fact we want to help our 22 young people, then we need to be looking at 23 ways to prevent these murders before they 24 happen. And I don't think that, you know, the 25 criminal justice process is that manner.

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(518) 371-8910 1 We need to be having -- and we 2 haven't had this yet, and this isn't the first 3 time I've said this. We need to be increasing 4 programs for things like after-school 5 programs. We need to be, you know, increasing 6 the dollars that our schools have. In fact, I 7 don't know, let's do CFE. And let's just 8 figure out what putting another $19 billion 9 into the school system, first in New York and 10 then in high-needs districts around the 11 state -- let's experiment. Meaning that we're 12 going to try to, you know, solve problems 13 about preventing these problems, giving young 14 people places to go after school. 15 If you want to stop gangs, Senator 16 Meier, I will work with you to put money into 17 antigang programs around the state. Because 18 the reality is that if we go back to the 19 Giuliani administration, when everybody agreed 20 that Mayor Giuliani did a great job in 21 decreasing crime, look at the numbers. Youth 22 violence went up at the same time that overall 23 crime was going down. 24 Why? Because at the same time that 25 we were increasing police, we got rid -- we

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(518) 371-8910 1 consolidated, in the city, the youth programs 2 with community development. We got rid of -- 3 many of the JV programs in high schools were 4 eliminated or significantly reduced. We got 5 rid of music, art and dance in the schools. 6 We need to go back to full-fledged 7 education and making sure that young people 8 have places to go beyond school. We need to 9 make sure that our communities have programs 10 in them so that young people have alternatives 11 to the things that they're doing like playing 12 video games that desensitize them to the kind 13 of violence that we're now seeing in our 14 communities. 15 Let's stop juvenile murder. Let's 16 stop juvenile violence. But the way we stop 17 that is by making sure we are creating 18 alternatives for our young people instead of 19 violence. 20 I vote nay. 21 THE PRESIDENT: You will be so 22 recorded, Senator, as voting in the negative. 23 Senator Duane, to explain your 24 vote. 25 SENATOR DUANE: Thank you, Madam

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(518) 371-8910 1 President. 2 No one said that there shouldn't be 3 consequences for a child performing a bad act. 4 No one here, I don't think, has ever said that 5 they don't care about what happens to the 6 victim of violent crime. Of course we all 7 feel that way. 8 There are even, as some of my 9 colleagues have said, some very good things in 10 this omnibus bill. However, there are also 11 some very bad things in this omnibus bill. 12 If a child does something wrong, of 13 course there should be consequences. But I 14 think what many of us are trying to say is 15 that we believe that in addition to 16 consequences there should be rehabilitation, 17 that there is a way for young people to be 18 redeemed. 19 Many of the cases that have been 20 raised here, of the most heinous kinds of 21 things that a child has done, I don't believe 22 that they've performed those things or done 23 those things without any warning. So really, 24 if we invested a little bit more in child 25 protective services instead of just focusing

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(518) 371-8910 1 on that when something terrible happens, well, 2 then maybe we'd be able to prevent some of 3 these terrible things from happening and get 4 children into -- out of bad environments or 5 into better services at an earlier age, to 6 prevent any violence. 7 And again, a 12-year-old is not an 8 adult. Should there be consequences for a 9 12-year-old? You bet there should be 10 consequences for a 12-year-old. But a 11 12-year-old is not a 30-year-old. They're 12 different. We cannot just lightly say they 13 should be treated as an adult. 14 No one in this body that has a 15 12-year-old child I don't believe thinks that 16 their 12-year-old child should be treated as 17 an adult. And that means that if they don't 18 think their child should be treated as an 19 adult, then another person's child shouldn't 20 be treated as an adult either. Because a 21 12-year-old is not an adult. 22 Thank you, Madam President. 23 THE PRESIDENT: You will be so 24 recorded as voting in the negative, Senator 25 Duane. I assume that's your vote?

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(518) 371-8910 1 SENATOR DUANE: Yes. 2 THE PRESIDENT: The Secretary 3 will announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1427 are 6 Senators Andrews, Connor, Dilan, Duane, 7 Gonzalez, Hassell-Thompson, L. Krueger, 8 Montgomery, Oppenheimer, Parker, Paterson, 9 Sabini, Sampson, Schneiderman, Serrano, 10 A. Smith and Stavisky. Also Senator Malcolm 11 Smith. 12 Ayes, 43. Nays, 18. 13 THE PRESIDENT: The bill is 14 passed. 15 Senator Skelos, that completes the 16 reading of the controversial calendar. 17 SENATOR SKELOS: Thank you, Madam 18 President. 19 Is there any further business at 20 the desk? 21 THE PRESIDENT: Yes, there is, 22 Senator. We have motions. 23 Senator Little. 24 SENATOR SKELOS: Before the 25 members leave, there will be a meeting of the

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(518) 371-8910 1 Rules Committee in the Majority Conference 2 Room. 3 THE PRESIDENT: There will be a 4 meeting of the Rules Committee in the Majority 5 Conference Room immediately. 6 SENATOR SKELOS: We will report 7 the bills but not take them up today. 8 THE PRESIDENT: Senator Little. 9 SENATOR LITTLE: Madam President, 10 I wish to call up my bill, Print Number 4069A, 11 recalled from the Assembly, which is now at 12 the desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 1350, by Senator Little, Senate Print 4069A, 17 an act to amend the Public Officers Law. 18 THE PRESIDENT: Senator Little. 19 SENATOR LITTLE: Madam President, 20 I now move to reconsider the vote by which 21 this bill was passed. 22 THE PRESIDENT: The Secretary 23 will call the roll upon reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 THE PRESIDENT: Senator Little. 2 SENATOR LITTLE: Madam President, 3 I now offer the following amendments. 4 THE PRESIDENT: The amendments 5 are received. 6 Senator Little. 7 SENATOR LITTLE: Madam President, 8 on behalf of Senator Wright, on page 63 I 9 offer the following amendments to Calendar 10 Number 1424, Senate Print Number 5413A, and 11 ask that said bill retain its place on Third 12 Reading Calendar. 13 THE PRESIDENT: The amendments 14 are received, and the bill will retain its 15 place on the Third Reading Calendar. 16 SENATOR LITTLE: Thank you. 17 THE PRESIDENT: Senator Skelos. 18 SENATOR SKELOS: Please recognize 19 Senator Hassell-Thompson. 20 THE PRESIDENT: Senator 21 Hassell-Thompson. 22 SENATOR HASSELL-THOMPSON: Point 23 of information, Madam President. I don't 24 think that I heard my name as voting no on the 25 last bill.

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(518) 371-8910 1 THE PRESIDENT: And you explained 2 your vote, and I said at the end of that you 3 would be recorded as voting in the negative. 4 SENATOR HASSELL-THOMPSON: Right. 5 But in the negatives I didn't hear my name. 6 THE PRESIDENT: You are correct. 7 The Secretary will make sure the 8 record is corrected, Senator Hassell-Thompson. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Madam President. 11 THE PRESIDENT: Senator Skelos. 12 SENATOR SKELOS: If we could just 13 stand at ease pending the report of the Rules 14 Committee. 15 THE PRESIDENT: The Senate stands 16 at ease. 17 (Whereupon, the Senate stood at 18 ease at 12:58 p.m.) 19 (Whereupon, the Senate reconvened 20 at 1:07 p.m.) 21 SENATOR SEWARD: Mr. President. 22 ACTING PRESIDENT SALAND: Senator 23 Seward. 24 SENATOR SEWARD: Yes, Mr. 25 President, if we could return to reports of

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(518) 371-8910 1 standing committees, I believe there's a 2 report of the Rules Committee at the desk. 3 ACTING PRESIDENT SALAND: The 4 Secretary will read. 5 THE SECRETARY: Senator Bruno, 6 from the Committee on Rules, reports the 7 following bills: 8 Senate Print 3339, by Senator 9 Padavan, an act to amend the Retirement and 10 Social Security Law; 11 3745, by Senator Oppenheimer, an 12 act to reopen; 13 3981, by Senator Larkin, an act to 14 authorize; 15 4052, by Senator Golden, an act to 16 amend the Penal Law; 17 4169, by Senator Skelos, an act to 18 amend the Tax Law; 19 4236, by Senator Hannon, an act to 20 amend the Criminal Procedure Law; 21 4523, by Senator Leibell, an act to 22 amend the Soil and Water Conservation 23 Districts Law; 24 4896, by Senator Flanagan, an act 25 to amend the Public Officers Law;

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(518) 371-8910 1 4962A, by Senator Johnson, an act 2 to amend the Tax Law; 3 5023, by Senator Alesi, an act to 4 amend the Retirement and Social Security Law; 5 5129A, by Senator Flanagan, an act 6 to amend the Public Officers Law; 7 5196, by Senator Nozzolio, an act 8 to amend the Executive Law; 9 5197, by Senator Nozzolio, an act 10 to amend the Executive Law and others; 11 5252, by Senator Johnson, an act to 12 amend the Tax Law; 13 5379, by the Senate Committee on 14 Rules, an act to amend the Civil Service Law; 15 5451, by the Senate Committee on 16 Rules, an act to amend the Workers' 17 Compensation Law; 18 5463, by the Senate Committee on 19 Rules, an act to amend the Labor Law; 20 5509, by Senator Young, an act to 21 amend the Education Law; 22 5512, by the Senate Committee on 23 Rules, an act to amend the Public Officers 24 Law; 25 5514, by Senator DeFrancisco, an

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(518) 371-8910 1 act to amend the New York City Civil Court Act 2 and others; 3 5517, by Senator Johnson, an act to 4 amend the Vehicle and Traffic Law; 5 5523, by Senator Nozzolio, an act 6 to amend the Executive Law; 7 5539, by Senator Volker, an act to 8 amend the Criminal Procedure Law; 9 And Senate Print 5575, by Senator 10 Volker, an act to amend the Criminal Procedure 11 Law. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT SALAND: Senator 15 Seward. 16 SENATOR SEWARD: Mr. President, I 17 move to accept the report of the Rules 18 Committee. 19 ACTING PRESIDENT SALAND: All 20 those in favor of accepting the report of the 21 Rules Committee signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT SALAND: Nay? 24 (No response.) 25 ACTING PRESIDENT SALAND: The

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(518) 371-8910 1 Rules report is accepted. 2 SENATOR SEWARD: Any further 3 business at the desk? 4 ACTING PRESIDENT SALAND: There 5 is none. 6 SENATOR SEWARD: Okay. With no 7 further business, I announce that the Senate 8 will adjourn until Tuesday, June 14, at 9 3:00 p.m., intervening days being legislative 10 days. 11 ACTING PRESIDENT SALAND: On 12 motion, the Senate stands adjourned until 13 Tuesday, June 14, at 3:00 p.m., intervening 14 days being legislative days. 15 (Whereupon, at 1:11 p.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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(518) 371-8910