Tuesday, February 14, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 14, 2006 11 3:06 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 afternoon to give the invocation is Reverend 11 Todd Falk, pastor of Wilton Baptist Church in 12 Wilton, New York. 13 REVEREND FALK: Let us pray. 14 Our Heavenly Father, we come to You 15 this day a grateful people. And we thank You 16 for this great state and the greatest nation 17 on this earth, Lord. We thank You for the 18 privilege of living in a free society where 19 every man, woman, and child has the 20 opportunity to live life to the fullest, to 21 worship You without fear, to express ourselves 22 without rebuke, to experience liberty without 23 violence. 24 I pray that none of us would take 25 this for granted and that we would live our

Candyco Transcription Service, Inc.

(518) 371-8910 1 lives with responsibility and with the duty to 2 serve. 3 Thank You for these great men and 4 women here today, as we thank You for their 5 duty to this great state. 6 We also lift up our sons and our 7 daughters and our husbands and wives and 8 fathers and mothers and brothers and sisters 9 who are the defenders of this freedom. 10 We especially lift up our men and 11 women of the armed forces, and today of the 12 42nd Infantry Division, who are defending 13 liberty around the world. Lord, we ask that 14 You would watch over them and protect them as 15 they go about defending our freedom and our 16 liberties. 17 Father, we thank You for all that 18 you have done. Lord, we ask that You hold our 19 troops in Your loving hands and, Lord, that 20 You protect them with Your hedge of protection 21 around them. May we remember them always and 22 pray for them continually, for they have 23 earned our respect and our admiration with 24 their blood. 25 Lord, let us never forget the

Candyco Transcription Service, Inc.

(518) 371-8910 1 sacrifices of those who willingly laid down 2 their lives to defend our freedom. May this 3 world be a safer place because we as a nation 4 stood for what was right and just. And may 5 this nation never falter in the face of fear 6 and difficult challenges. 7 Father, may You strengthen us in 8 the days to come. May You guide our Senate 9 today, and our Governor, and the leadership of 10 great state to do what's right. May You guide 11 them with Your divine wisdom to do the 12 people's business. 13 And may You guide our 14 commander-in-chief, President Bush, with 15 profound wisdom. 16 May God bless this great State of 17 New York, and may God bless America. In 18 Christ's precious name, amen. 19 THE PRESIDENT: Reading of the 20 Journal. 21 THE SECRETARY: In Senate, 22 Monday, February 13, the Senate met pursuant 23 to adjournment. The Journal of Sunday, 24 February 12, was read and approved. On 25 motion, Senate adjourned.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Without 2 objection, the Journal stands approved as 3 read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Senator Bruno. 13 SENATOR BRUNO: Madam President, 14 can we at this time adopt the Resolution 15 Calendar, with the exception of Resolutions 16 3480 and 3481. 17 THE PRESIDENT: All in favor of 18 so adopting the Resolution Calendar please 19 signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The calendar is 24 so adopted. 25 Senator Bruno.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR BRUNO: Madam President, 2 I believe I have a privileged resolution at 3 the desk, 3481. I would ask at this time that 4 it be read in its entirety and move for its 5 immediate adoption. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: By Senator Bruno, 9 Legislative Resolution Number 3481, paying 10 tribute to the returning veterans of the 42nd 11 Infantry Division from Operation Iraqi 12 Freedom. 13 "WHEREAS, The courage and bravery 14 of our military personnel since the United 15 States Armed Forces commenced Operation Iraqi 16 Freedom will ensure our continued role as a 17 nation which embodies the ideals of democracy, 18 and as a defender of liberty for people 19 throughout the world; and 20 "WHEREAS, Members of the Armed 21 Services from the State of New York, who have 22 served so valiantly and honorably during 23 Operation Iraqi Freedom, deserve a special 24 salute from this Legislative Body; and 25 "WHEREAS, This Legislative Body is

Candyco Transcription Service, Inc.

(518) 371-8910 1 justly proud to pay tribute to the returning 2 veterans of the 42nd Infantry Division from 3 Operation Iraqi Freedom; and 4 "WHEREAS, The returning veterans 5 and their families will be honored at a 6 Freedom Salute to be held at Hudson Valley 7 Community College on Saturday, February 18, 8 2006; and 9 "WHEREAS, There will be three Army 10 National Guard units of the 42nd Infantry 11 Division present for this auspicious event: 12 The 42nd Infantry Division Headquarters, the 13 642nd Military Intelligence Battalion, and 14 Company B of the 1st Battalion, 101st Cavalry; 15 and 16 "WHEREAS, In December of 2003, the 17 Army National Guard launched the 'Freedom 18 Salute Campaign,' an unprecedented program 19 designed to recognize Army National Guard 20 soldiers, their families, and others who have 21 supported them as they answered the call to 22 duty, both at home and abroad; and 23 "WHEREAS, The deployment of the 24 42nd Infantry Division Headquarters from Troy, 25 New York, marked the first time since the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Korean War that an Army National Guard 2 division headquarters was deployed to a 3 theater of combat; and 4 "WHEREAS, The 42nd Infantry 5 Division, known as the Rainbow Division and 6 commanded by Major General Joseph J. Taluto, 7 achieved notable success in all lines of 8 operation in North Central Iraq since 9 February 15, 2005; and 10 "WHEREAS, the 42nd Division 11 deployed as a combat task force, known as Task 12 Force Liberty. It drew its name from its 13 New York roots and for its role in helping to 14 bring the first democratic elections to Iraq 15 in more than half a century; and 16 "WHEREAS, The 'Rainbow Division,' 17 as it is known in the Army, received its 18 nickname back in 1917, from then Colonel 19 Douglas MacArthur, because the unit included 20 some of the best National Guard units from 21 across the entire country; and 22 "WHEREAS, For its mission in Iraq, 23 the division also grew to include Army 24 National Guard, Army Reserve and active Army 25 soldiers from some 29 states, Puerto Rico and

Candyco Transcription Service, Inc.

(518) 371-8910 1 American Samoa; and 2 "WHEREAS, the 42nd Division 3 Headquarters also served the City and State of 4 New York in the aftermath of the terror 5 attacks of September 11, 2001, when it served 6 as the command and control for the National 7 Guard response in Lower Manhattan; and 8 "WHEREAS, 3,000 soldiers from the 9 42nd Infantry Division were deployed to Iraq, 10 including approximately 400 from the Capital 11 Region; and 12 "WHEREAS, The Rainbow Division was 13 part of the 23,000-soldier Task Force Liberty 14 that was in charge of security in four 15 provinces across North Central Iraq, a 16 27,000-square-mile region, half the size of 17 New York, with a population of 6.3 million. 18 The soldiers found and removed more than 19 425 weapons caches in the region, destroyed 20 44 percent of all improvised explosive devices 21 (IEDs) set against U.S. soldiers, helped 22 task-force engineers complete 1,400 23 reconstruction projects valued at $757 million 24 in North Central Iraq, and trained and 25 equipped 18 battalions (600 soldiers per

Candyco Transcription Service, Inc.

(518) 371-8910 1 battalion) of Iraqi Army soldiers; and 2 "WHEREAS, The command and control 3 of more than 23,000 soldiers in North Central 4 Iraq passed from the 42nd Infantry Division to 5 the 101st Airborne Division during a transfer 6 of authority ceremony on November 1, 2005; and 7 "WHEREAS, The banner of freedom 8 will always wave over our beloved New York and 9 all of America, the Land of the Free and the 10 Home of the Brave; and 11 "WHEREAS, Residents of this great 12 state must never forget the courage with which 13 these men and women served their country, and 14 must especially recognize that no greater debt 15 is owed to those who gave their lives for 16 their beloved nation and to those who continue 17 to be missing in action; and 18 "WHEREAS, The freedoms and security 19 we cherish as Americans come at a very high 20 price for those serving in the military in 21 times of conflict. It is fitting and proper 22 that we who are the beneficiaries of those who 23 risk their lives, leaving their families 24 behind, express our appreciation and eternal 25 gratitude for their sacrifices and courageous

Candyco Transcription Service, Inc.

(518) 371-8910 1 acts; now, therefore, be it 2 "RESOLVED, That this Legislative 3 Body pause in its deliberations to pay tribute 4 to the returning veterans of the 42nd Infantry 5 Division from Operation Iraqi Freedom; and be 6 it further 7 "RESOLVED, That copies of this 8 resolution, suitably engrossed, be transmitted 9 to the veterans of the 42nd Infantry Division 10 from Operation Iraqi Freedom." 11 THE PRESIDENT: Senator Bruno. 12 SENATOR BRUNO: Thank you, Madam 13 President. 14 It really is an honor and a 15 privilege to add my welcome. You have heard 16 this resolution, you heard the presentation to 17 the officers -- Major General Taluto, 18 officers, and the enlisted men of the 42nd 19 Infantry Division, which is headquartered in 20 Troy, New York, the 43rd Senatorial District. 21 And let me tell you, they make me 22 awfully proud to have them headquartered 23 there. And they make everyone in this chamber 24 and everyone in this state proud. This 25 outfit, the Rainbow Division, is the first

Candyco Transcription Service, Inc.

(518) 371-8910 1 division to be sent into a combat zone since 2 Korea. 3 Now, you look up at these brave men 4 and women that are part of the 42nd. They 5 left their homes, they left their jobs, wives, 6 husbands, children, neighbors, and I believe 7 spent up to 18 months in Iraq, several not 8 returning. Any one of them could not have 9 returned. Being willing to lay themselves out 10 there. For what purpose? To defend freedom, 11 to defend the people there, to make this 12 country continue to be the free country, to 13 fight for freedom throughout the world. 14 That's what it's all about. That's what it's 15 still all about. 16 So these brave men and women left 17 and are back. And we celebrate their victory, 18 we celebrate their return, your courage, your 19 commitment, your dedication, your patriotism. 20 It's an honor to welcome you in this chamber 21 as we pass this resolution recognizing your 22 valor and your courage and all the good things 23 that you do on behalf of people who cannot do 24 it for themselves. It's the greatest 25 sacrifice that can be made.

Candyco Transcription Service, Inc.

(518) 371-8910 1 We are hosting a reception, I 2 believe there's 400-some troops, General, in 3 the Capital Region, out of 3,000-plus in the 4 division. And we're going to host a reception 5 in Troy at headquarters at 2 o'clock. 6 And we would welcome any of the 7 Senators that are here in for the weekend to 8 join us there, although I know that all of you 9 are diligent in your districts recognizing all 10 of the people that have done so much on behalf 11 of freedom here for New York, for America, and 12 for people throughout the world. 13 So thank you, Madam President. And 14 again, congratulations and thank you. 15 (Standing ovation.) 16 THE PRESIDENT: Senator Farley. 17 SENATOR FARLEY: Thank you, Madam 18 President. 19 I have to apologize, I have 20 laryngitis. But I want to applaud my Majority 21 Leader for honoring his 42nd Infantry Division 22 from Troy -- your hometown, Madam President. 23 Although this is a Troy operation, 24 these soldiers come from the entire Capital 25 District, many of whom are my constituents.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I can't say how proud we are of you and 2 what you've accomplished on behalf of our 3 nation. 4 I'm so delighted to see you here, 5 Major General Taluto, who has been a dear 6 friend, and your organization. Your division, 7 Major, is truly a credit to not only the 8 Capital District in New York State but to the 9 United States in itself. The Rainbow Division 10 has an incredible history, and you have added 11 to it. And we're very, very proud of you. 12 And I congratulate you, and I 13 congratulate the Majority Leader for throwing 14 a party for you tomorrow. That's something 15 else. 16 All the best to you, and Godspeed. 17 THE PRESIDENT: Senator Balboni. 18 SENATOR BALBONI: Thank you, 19 Madam President. 20 Senator Bruno, I got a chance, with 21 Governor Pataki and a whole bunch of other 22 people, to visit the Rainbow Division before 23 you deployed, where we announced -- remember 24 that, guys? -- remember we announced the 25 Patriotic Act that we were going to do here

Candyco Transcription Service, Inc.

(518) 371-8910 1 with this Legislature to make it easier for 2 you citizen-soldiers to leave your jobs and 3 your homes and go and fight for us and come 4 back. 5 Well, I don't know if you've heard, 6 but thanks to your good work, that's been 7 done, and to Senator Bruno's leadership. 8 And I enjoyed that day, and I 9 proudly display in my office that photograph 10 of my getting the chance, the honor to address 11 you. But I have to tell you, as much as I 12 enjoyed that day, I enjoy this a lot better. 13 Welcome back. Job well done. 14 THE PRESIDENT: Senator Diaz. 15 SENATOR DIAZ: Thank you, Madam 16 President. 17 At the age of 18, I joined the 18 Army, voluntary, in Puerto Rico, in 1960. And 19 there was the Vietnam conflict. When I came 20 back to Puerto Rico, there was, in those 21 times, a lady called Jane Fonda, Hanoi Jane, 22 and others that made us ashamed. 23 When I came back from the -- to 24 Puerto Rico, I didn't get a reception. I 25 almost had to hide myself. And there was like

Candyco Transcription Service, Inc.

(518) 371-8910 1 people making fun of us. 2 So, Senator Bruno, where were you 3 in 1960? We needed you then. And I admire 4 you, and I congratulate you because today, out 5 there, there are others trying to make these 6 heroes feel guilty of defending this nation. 7 And I'm so honored and so proud 8 that we have like you, Senator Bruno, that 9 take into consideration people like me. 10 Because in my time, I needed that. I needed 11 someone to welcome me, to tell me that it 12 wasn't in vain. I volunteered, but it wasn't 13 there. We didn't have it at that time. 14 And today, there are some today, 15 like the Al Gores of this day, the Kennedys of 16 this day, and all those people making -- 17 trying to make our heroes feel ashamed and 18 treat them bad. 19 And I'm proud that today in this 20 body you, Senator Bruno, take into 21 consideration the heroism of these people. I 22 congratulate you, and I congratulate all of 23 those. And I envy them because I didn't have 24 you in 1960. 25 Thank you, Senator Bruno.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Senator Seward. 2 SENATOR SEWARD: Thank you, Madam 3 President. 4 Since my Senate district includes 5 counties of Schoharie and Greene, I consider 6 myself a Capital District Senator as well. 7 And I'm very proud to rise in support of 8 Senator Bruno's resolution and the comments of 9 a number of my colleagues as we honor the 10 42nd Infantry Division upon their return from 11 Operation Iraqi Freedom. 12 That word "freedom" is one that far 13 too many Americans take for granted. But as I 14 watch, on the television, those pictures of 15 the Iraqi people, when given the opportunity 16 to flock to the polls to select for the first 17 time their leaders, to write for the first 18 time an actual constitution so that their 19 future and their destiny is now in the hands 20 of the Iraqi people, that would not be 21 possible without the members of the 42nd 22 Infantry Division and the many other Americans 23 serving in Iraq today and in the past. 24 And so for that, we say thank you 25 and God bless you. It's important work to

Candyco Transcription Service, Inc.

(518) 371-8910 1 spread freedom and give, in this case, the 2 Iraqi people that opportunity that we have had 3 in this country for so long to direct our own 4 destiny as citizens and as people and not 5 leave it up to an oppressive dictator. 6 Thank you, and God bless all of 7 you. 8 THE PRESIDENT: As president of 9 the Senate, and as a Troy resident as well as 10 native, I see a lot of familiar faces up 11 there. But many of you I did not know in your 12 military capacity. And I want to thank you, 13 on behalf of the people of the state. Pastor 14 Falk also has returned recently from Iraq. 15 We can't really fathom the depth of 16 sacrifice you made. Major General, all of 17 you, we are certainly in debt to you for what 18 you have done to spread freedom around the 19 world. We're delighted to have you home. We 20 know your families have also sacrificed. And 21 we wish you the best, on behalf of the people 22 of New York State. Thank you so much. 23 All in favor of the resolution 24 please signify by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: The resolution is 4 adopted. 5 Best wishes to all of you. 6 (Standing ovation.) 7 THE PRESIDENT: Senator Bruno. 8 SENATOR BRUNO: Madam President, 9 can I ask that all the names of all the 10 members be added to this resolution unless 11 they selectively request otherwise. 12 And the reception, by the way, is 13 Sunday at 2:00, not tomorrow, at headquarters. 14 We don't want you showing up two days. 15 Thank you, Madam President. 16 THE PRESIDENT: Any member who 17 does not wish to cosponsor the last 18 resolution, please notify the desk. 19 Senator Bruno. 20 SENATOR BRUNO: Madam President, 21 can we at this time have the title read on 22 Resolution 3480 and move for its immediate 23 adoption. 24 THE PRESIDENT: The Secretary 25 will read.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: By Senator 2 Marchi, Legislative Resolution Number 3480, 3 honoring the 1st Battalion, 101st Cavalry, 4 New York Army National Guard, upon the 5 occasion of their homecoming from Iraq, to be 6 celebrated on March 3, 2006. 7 THE PRESIDENT: Senator Marchi. 8 SENATOR MARCHI: Madam President, 9 it's a contagion. 10 Senator Bruno brought this very 11 uplifting information about people in his 12 district. It's not something new. I was 13 discussing with Senator Larkin just recently, 14 and he's a -- both of us were veterans of 15 World War II. Some cruel people have said 16 that I was probably in the Civil War. 17 (Laughter.) 18 SENATOR MARCHI: But not Senator 19 Larkin. 20 Senator Larkin was also in World 21 War II, and I had four years of that. And 22 I've seen so much, so much that gives us, that 23 evokes the kind of response that Senator Diaz 24 over there reflected. It's a contagion. And 25 you feel that it gives you something to be

Candyco Transcription Service, Inc.

(518) 371-8910 1 proud of. 2 And I am proud of the folks in my 3 district who have served on behalf of the 4 armed forces in the Operation Iraqi Freedom. 5 And they went over in great numbers. These 6 were all volunteers, of course. They were 7 products of a volunteer expression. 8 And they are going to be -- and 9 incidentally, they're the 1st Battalion, 10 101st Cavalry, Army National Guard, these are 11 people that are not unknown to Senator Bruno. 12 And we have had so many people from 13 my own district going in great numbers. We 14 never needed a draft down there. We never 15 needed anything that would aid and abet those 16 who were willing to come to the aid of their 17 country even when a formal declaration was 18 still absent. 19 So we're proud to commend the 1st 20 battalion of the 101st Cavalry, Army National 21 Guard. And this is going to produce an 22 embarrassment of riches, because they will be 23 honoring that battalion of the National Guard 24 with their homecoming from Iraq, and that will 25 take place, to the members of that group, that

Candyco Transcription Service, Inc.

(518) 371-8910 1 will also take place on Sunday. 2 So I -- we're going to have an 3 embarrassment of traffic control here. But 4 it's an embarrassment of riches. It's people 5 from this area, people from my own area, and 6 there are people from other areas that are 7 there visibly, risking their lives for the 8 preservation of freedom and to see that it is 9 defended. 10 So it is with great pride, Madam 11 President, that we extend the same courtesy 12 and decision of this body to praise and thank 13 them for their service to their country. And 14 maybe some of us will be able to travel back 15 and forth from Troy to Staten Island. That 16 would be a trick. 17 But all those who -- you have your 18 pick, you can go upstate or you can come down 19 to Staten Island. And we'll be happy to see 20 you in the exercise of this appreciation 21 springing from this Legislature for those who 22 are willing to risk their lives, as so many of 23 them have, some with great mortal losses. 24 Nevertheless, freely. And they continue to go 25 in great numbers in the defense of freedom.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: All in favor of 2 the resolution please signify by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: The resolution is 7 adopted. 8 Senator Bruno. 9 SENATOR BRUNO: Are there any 10 substitutions at the desk, Madam President? 11 THE PRESIDENT: Yes, there are, 12 Senator. 13 SENATOR BRUNO: Can we make those 14 at this time. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: On page 12, 18 Senator Maziarz moves to discharge, from the 19 Committee on Labor, Assembly Bill Number 5771A 20 and substitute it for the identical Senate 21 Bill Number 5749, Third Reading Calendar 118. 22 THE PRESIDENT: Substitution 23 ordered. 24 Senator Nozzolio. 25 SENATOR NOZZOLIO: Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President, on behalf of Senator Leibell, on 2 page 20 I offer the following amendments to 3 Calendar Number 219, Print Number 4761. 4 THE PRESIDENT: The amendments 5 are received, and the bill will retain its 6 place on the Third Reading Calendar. 7 SENATOR NOZZOLIO: Thank you. 8 THE PRESIDENT: Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 if we could go to the noncontroversial reading 11 of the calendar. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 11, by Senator Marcellino, Senate Print 2852, 16 an act to amend the Criminal Procedure Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 30th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 106, by Senator LaValle, Senate Print 3744A, 3 an act to amend the Education Law. 4 THE PRESIDENT: There is a local 5 fiscal impact note at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 108, by Senator Trunzo, Senate Print 1682, an 16 act in relation to requiring state agencies. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 111, by Senator Robach, Senate Print 4258, an 3 act to amend the Civil Service Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 117, by Senator Trunzo, Senate Print 4562, an 15 act to amend the Labor Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. Nays, 23 1. Senator Meier recorded in the negative. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 118, substituted earlier today by Member of 3 the Assembly Weinstein, Assembly Print Number 4 5771A, an act to amend the Labor Law and 5 others. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 6. This 9 act shall take effect on the 120th day. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 129, by Senator Maziarz, Senate Print 701A, an 17 act to amend the Penal Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57. Nays,

Candyco Transcription Service, Inc.

(518) 371-8910 1 1. Senator Montgomery recorded in the 2 negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 132, by Senator Volker, Senate Print 880, an 7 act to amend the Criminal Procedure Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 136, by Senator Golden, Senate Print 2214, an 21 act to amend the Criminal Procedure Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 1. Senator Montgomery recorded in the 5 negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 148, by Senator Skelos, Senate Print 6524, an 10 act to amend the Criminal Procedure Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE PRESIDENT: Senator Klein, to 18 explain your vote. 19 SENATOR KLEIN: To explain my 20 vote, Madam President. 21 I rise today in support of this 22 legislation. And it's almost identical to an 23 amendment that I attempted to pass several 24 weeks ago. I guess many in the chamber did 25 hear part of my argument, because here's a

Candyco Transcription Service, Inc.

(518) 371-8910 1 bill before us today. 2 I've done a lot of work on this 3 issue over the years, and I think it's 4 something very, very important that we do 5 immediately, not only in the State Senate but 6 I'm hopeful it will pass the Assembly as well. 7 For many in our chamber who may not 8 know, we're one of the few states that still 9 has an antiquated law on the books of a 10 five-year statute of limitations. It was 11 something that was actually implemented in New 12 York State in the 1800s. 13 I think, quite frankly, by still 14 having this law on the books in New York 15 State, we're discriminating against women. 16 Because what we're telling women throughout 17 our state is that the crime of rape is not as 18 serious as the crime of murder, arson, or 19 kidnapping, other crimes which have no statute 20 of limitations. 21 One of the things that my office 22 did, actually on Father's Day of last year, 23 was release a survey. What we did was we 24 looked at all 62 counties of the state, and we 25 found that overwhelmingly all the district

Candyco Transcription Service, Inc.

(518) 371-8910 1 attorneys around the state are in favor of 2 getting rid of the five-year statute in some 3 shape or form, some when there's DNA evidence 4 available, some when there's other types of 5 physical evidence that would withstand the 6 test of time. 7 The alarming fact that I did find 8 is the large number of unsolved rape cases 9 around the State of New York. What we found 10 was totally the number of open cases in the 11 New York City metropolitan area is 1,669. 12 Actually, the total in the New York City metro 13 area that are approaching or past the 14 five-year statute is 809. 15 If we look at the cases that are 16 actually quickly approaching the five-year 17 statutory limitation -- which means unless we 18 pass a law, we'll never actually bring these 19 individuals to justice -- in New York City, 20 Westchester, and Nassau County there's 21 689 cases approaching the five-year statutory 22 limitation. If we look at it statewide, the 23 number grows to 833. 24 Those are individuals who will 25 never be brought to justice. And I think what

Candyco Transcription Service, Inc.

(518) 371-8910 1 we're saying -- again, as I said earlier -- is 2 I think anyone here who understands the 3 serious crime of rape, how long a woman has to 4 deal with that horrible memory, but yet what 5 we're doing is giving a get-out-of-jail-free 6 card to individuals once it approaches that 7 five-year statutory limitation. 8 I think it's worth talking about 9 something that many of you may know. It was 10 in most of the papers, it was on TV, it was 11 something that was investigated by District 12 Attorney Morgenthau. It was the case of a man 13 named Clarence Williams. 14 Clarence Williams committed over 15 23 rapes in New York City, Maryland, and 16 New Jersey. The only way they finally found 17 him, over 32 years later, he tried to get a 18 gun permit in Atlanta, Georgia. They did a 19 background check, they found out about all the 20 outstanding warrants. And lo and behold, he 21 committed two rapes in New Jersey, nine in 22 Maryland, and there was nine women who came 23 forward and positively identified Mr. Williams 24 about committing a rape many years ago. 25 Unfortunately, in New York State,

Candyco Transcription Service, Inc.

(518) 371-8910 1 we weren't able to bring any case. Thank God 2 New Jersey and Maryland have no statutory 3 limitation on rape and he's presently being 4 prosecuted for his crimes there. 5 I'm glad also this legislation goes 6 beyond just the requirement of DNA evidence. 7 While I think with the advent of DNA we can 8 prosecute cases five, 10, 15, even 30 years 9 into the future, I don't think we should limit 10 it just to DNA evidence. 11 One of the things that comes to 12 mind is the National Organization of Women, 13 who's supporting this legislation, and they 14 came up with a scenario where one of the 15 women -- who's the president of the New York 16 City Chapter, happens to live in my 17 district -- when she was a Queens ADA, she 18 couldn't prosecute a case which was 10 years 19 old even though she had evidence -- actually, 20 it was a tape taken off a video machine -- 21 which positively identified the rapist. 22 I think it's important we do a 23 piece of legislation like this today because 24 there's other types of evidence that can 25 withstand the test of time. And I think we

Candyco Transcription Service, Inc.

(518) 371-8910 1 owe that to the women of New York State. 2 So I vote yes, and I'm going to do 3 everything possible -- I know Senator Skelos 4 will join me -- in making sure also this 5 legislation comes to fruition in the State 6 Assembly as well. 7 Thank you, Madam President. 8 THE PRESIDENT: You will be 9 recorded, Senator Klein, as voting in the 10 affirmative. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 to explain my vote. 14 In the last several years this 15 Majority has attempted to sway the Assembly 16 Democrat leadership into understanding what we 17 are trying to do in terms of eliminating the 18 statute of limitations in certain instances. 19 The legislation we are passing 20 now -- and I thank the membership for their 21 support -- eliminated rape in the first 22 degree, criminal sexual act in the first 23 degree, aggravated sexual abuse in the first 24 degree, course of sexual conduct against a 25 child in the first degree. These crimes are

Candyco Transcription Service, Inc.

(518) 371-8910 1 all Class B violent felony offenses. 2 Senator Golden's bill, which passed 3 prior to this -- and has passed on other 4 occasions, Senator Klein -- would cover this 5 but cover all violent B felonies. That has 6 passed. 7 And shortly we'll be passing my 8 legislation, Calendar 239, that would toll the 9 statute of limitations when the use of DNA can 10 be found for the reason. 11 I point this out because we are 12 giving the Assembly a variety of choices, yet 13 we do not see them pass these types of 14 legislation. There cannot be a joint 15 conference committee until they pass something 16 similar that we can go to joint conference 17 committee and have an open public discussion. 18 So, Senator Klein, I would urge you 19 to talk to the Assembly Democrat leadership, 20 where you served for a number of years, and 21 ask them please do something, do something 22 positive so that we could either pass the 23 bill -- because it's a very simple bill. It 24 just adds these crimes where there's no 25 statute of limitations. I don't know what

Candyco Transcription Service, Inc.

(518) 371-8910 1 there is to discuss. 2 So I would urge you to go to the 3 Speaker, go to the Assembly leadership, pass 4 these bills. And certainly we will be doing 5 something very positive and good for the 6 people that suffer these types of crimes. 7 THE PRESIDENT: Senator Skelos, 8 you will be recorded as voting in the 9 affirmative. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Ayes, 60. Nays, 13 1. Senator Montgomery recorded in the 14 negative. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 156, by Senator DeFrancisco, Senate Print 41, 19 an act to amend the Surrogate's Court 20 Procedure Act. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of January. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 177, by Senator Little, Senate Print 1756A, an 7 act authorizing the payment of ordinary 8 disability retirement benefits. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 233, by Senator Balboni, Senate Print 5917A, 20 an act to amend the Public Health Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the same date and in 25 the same manner as a chapter of the Laws of

Candyco Transcription Service, Inc.

(518) 371-8910 1 2005. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 236, by Senator Hannon, Senate Print 6630, an 9 act to amend the Public Health Law and the 10 Executive Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 239, by Senator Skelos, Senate Print 5342, an 22 act to amend the Executive Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 10. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 Senator Skelos, that completes the 9 noncontroversial reading of the calendar. 10 SENATOR SKELOS: Madam President, 11 is there any further business at the desk? 12 THE PRESIDENT: No, there isn't, 13 Senator. 14 SENATOR SKELOS: There being 15 none, I move we stand adjourned until 16 Wednesday, February 15th, at 11:00 a.m. 17 THE PRESIDENT: On motion, the 18 Senate now stands adjourned until Wednesday, 19 February 15th, 11:00 a.m. 20 (Whereupon, at 3:45 p.m., the 21 Senate adjourned.) 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910