Tuesday, March 21, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 21, 2006 11 3:05 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 ACTING PRESIDENT LITTLE: The 3 Senate will 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 ACTING PRESIDENT LITTLE: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT LITTLE: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Monday, March 20, the Senate met pursuant to 18 adjournment. The Journal of Sunday, March 19, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT LITTLE: Without 22 objection, the Journal stands approved as 23 read. 24 THE PRESIDENT: Presentation of 25 petitions.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Fuschillo. 9 SENATOR FUSCHILLO: Thank you, 10 Madam President. 11 On page number 6, on behalf of 12 Senator Skelos, I offer the following 13 amendments to Calendar Number 28, Senate Print 14 Number 5404, and ask that said bill retain its 15 place on Third Reading Calendar. 16 THE PRESIDENT: The amendments 17 are received, and the bill will retain its 18 place on the Third Reading Calendar. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 if we could adopt the Resolution Calendar at 22 this time. 23 THE PRESIDENT: All in favor of 24 adopting the Resolution Calendar please 25 signify by saying aye.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: The Resolution 5 Calendar is adopted. 6 Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 I believe there's a substitution, if we could 9 make it at this time. 10 THE PRESIDENT: We have two 11 substitutions, Senator Skelos. 12 The Secretary will read. 13 THE SECRETARY: On page 14, 14 Senator Robach moves to discharge, from the 15 Committee on Civil Service and Pensions, 16 Assembly Bill Number 9847 and substitute it 17 for the identical Senate Bill Number 6532, 18 Third Reading Calendar 250. 19 And on page 24, Senator Skelos 20 moves to discharge, from the Committee on 21 Local Government, Assembly Bill Number 9854 22 and substitute it for the identical Senate 23 Bill Number 6817A, Third Reading Calendar 425. 24 THE PRESIDENT: Substitutions 25 ordered.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 if we could go to the noncontroversial reading 4 of the calendar. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Calendar Number 8 60, by Senator Balboni, Senate Print 5605, an 9 act to amend the Penal Law and others, in 10 relation to acts of terrorism. 11 SENATOR SCHNEIDERMAN: Lay it 12 aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 250, substituted earlier today by Member of 17 the Assembly Abbate, Assembly Print Number 18 9847, an act to amend the Civil Service Law, 19 in relation to providing. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 41. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 316, by Senator Skelos, Senate Print 1150B, an 6 act to amend the Penal Law, in relation to 7 concurrent and consecutive terms of 8 imprisonment. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 40. Nays, 17 1. Senator Duane recorded in the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 324, by Senator Robach, Senate Print 3177, an 22 act to amend Civil Service Law, in relation to 23 improper employer practices. 24 THE PRESIDENT: Read the last 25 section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 41. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 364, by Senator Maziarz, Senate Print 6784, an 10 act to amend the Labor Law and others, in 11 relation to prohibiting municipalities. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 8. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 41. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 395, by Senator Morahan, Senate Print 6763A, 23 an act to amend the Civil Service Law, in 24 relation to duration. 25 THE PRESIDENT: Read the last

Candyco Transcription Service, Inc.

(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 41. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 402, by Senator Rath, Senate Print 1512A, an 11 act to amend the Social Services Law, in 12 relation to considering. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 42. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 415, by Senator Balboni, Senate Print 5641, an 24 act to amend the General Municipal Law, in 25 relation to ensuring.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 42. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 425, substituted earlier today by Member of 12 the Assembly DiNapoli, Assembly Print Number 13 9854A, an act to amend the Real Property Tax 14 Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 42. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 441, by Senator DeFrancisco, Senate Print

Candyco Transcription Service, Inc.

(518) 371-8910 1 6729, an act to amend the Estates, Powers and 2 Trusts Law, in relation to distribution. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 43. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 447, by Senator Volker, Senate Print 874, an 14 act to amend the Civil Practice Law and Rules, 15 in relation to service. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. 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, 44. Nays, 23 1. Senator Duane recorded in the negative. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 461, by Senator Balboni, Senate Print 177, an 3 act to amend the New York State Defense 4 Emergency Act, in relation to persons 5 eligible. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 44. Nays, 13 1. Senator Duane recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 462, by Senator Balboni, Senate Print 179A, an 18 act to amend the Executive Law, in relation to 19 local disaster preparedness plans. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 4. This 23 act shall take effect on the first of June. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 45. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 463, by Senator Balboni, Senate Print 180, an 6 act to amend the Penal Law, in relation to 7 nuclear-powered electric generating 8 facilities. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 45. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 464, by Senator Balboni, Senate Print 184, an 20 act to amend the Executive Law, in relation to 21 requiring. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. 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, 45. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 465, by Senator Rath -- 8 SENATOR SCHNEIDERMAN: Lay it 9 aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 467, by Senator Balboni, Senate Print 6912, an 14 act to amend the Executive Law, in relation to 15 the powers and duties. 16 THE PRESIDENT: Read the last 17 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 SECRETARY: Ayes, 46. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 468, by Senator Balboni, Senate Print 6913, an 2 act to amend the Executive Law, in relation to 3 ensuring that state and local disaster 4 preparedness plans address. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 46. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 473, by Senator Trunzo, Senate Print 6845, an 16 act to amend the Retirement and Social 17 Security Law and the General Municipal Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 48. 25 THE PRESIDENT: The bill is

Candyco Transcription Service, Inc.

(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 477, by Senator Winner, Senate Print 6449, an 4 act to amend the Highway Law, in relation to 5 designating. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 48. 13 THE PRESIDENT: The bill is 14 passed. 15 Senator Skelos, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR SKELOS: Madam President, 18 if we could go to the controversial reading of 19 the calendar. 20 THE PRESIDENT: The Secretary 21 will ring the bell, and the members should 22 return to their seats so that we can begin the 23 controversial calendar. 24 Senator Farley. 25 SENATOR FARLEY: Thank you, Madam

Candyco Transcription Service, Inc.

(518) 371-8910 1 President. 2 Resolution 4032 is asking the 3 Governor to proclaim April 2nd through the 8th 4 as Library Week. And a lot of members have 5 asked me to go on that resolution. We didn't 6 have time. So I'd offer that up to the entire 7 body. Anybody that does not want to go on it, 8 please notify the desk. 9 That's Resolution 4032. Thank you. 10 THE PRESIDENT: Senator Skelos, 11 any objection to opening up the resolution to 12 all the members? 13 SENATOR SKELOS: If anybody 14 wishes not to sponsor it, they should notify 15 you. 16 THE PRESIDENT: Any member who 17 does not wish to cosponsor Resolution 4032 18 please notify the desk. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 60, by Senator Balboni, Senate Print 5605, an 22 act to amend the Penal Law and others, in 23 relation to acts of terrorism. 24 SENATOR SCHNEIDERMAN: Brief 25 explanation.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Senator Balboni, 2 a nondescript explanation has been requested. 3 SENATOR BALBONI: Madam 4 President, I notice today that there are many 5 children in the chamber. And I'd like to just 6 point out that what we have just done today is 7 we've passed a series of bills that have 8 related to emergency preparedness and 9 terrorism. 10 This bill before us talks 11 specifically about the third stage of 12 preparedness and prosecution of terrorist acts 13 in the State of New York. We had Terror 1, 14 that we did right after 9/11. We did 15 Terrorism 2 in August of 2004. And today 16 marks hopefully the third piece of the trilogy 17 of preparing the state for an act of 18 terrorism, in order to prevent it and respond 19 effectively. 20 The provisions of this bill have 21 been analyzed previously, but just to kind 22 of -- as one of our great colleagues, Senator 23 Goodman, used to say, a quick helicopter ride 24 over the terrain. 25 This has a new amendment for the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Criminal Procedure Law Act for the crime of 2 agriterrorism, cyberterrorism. It talks about 3 the ability to prosecute terrorists who want 4 to structure or want to money launder to 5 facilitate their deeds. And it also sets up 6 various criminal procedure mechanisms to make 7 prosecutions of terrorists much more, how 8 should I say, constitutionally protected. 9 Thank you, Madam President. 10 THE PRESIDENT: Senator 11 Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Madam President. On the bill. 14 I certainly appreciate the ongoing 15 effort that we're making in this state, the 16 Senate and the Assembly and the Governor -- 17 and Senator Balboni has certainly been the 18 leader -- to address the new law enforcement 19 issues that come up in the context of threats 20 from terrorists. It is a difficult area. 21 And one of the things that makes it 22 difficult is that in the United States, what 23 makes us a target of fundamentalist 24 terrorists, in fact, is that we have a 25 Constitution. We are a government of laws,

Candyco Transcription Service, Inc.

(518) 371-8910 1 not men, and we are a society that protects 2 the right to dissent. We have certain 3 freedoms. The police just can't burst into 4 your house for any reason, search your stuff 5 and take you off to prison. These are things 6 that were put into our Constitution after 7 experiences with oppression by the British. 8 And my concern with this 9 legislation is that I don't think we're -- if 10 we're taking a helicopter ride, we're seeing 11 the same traffic jam that was over this 12 terrain in the 2005 bill, in the 2004 version, 13 in the 2003 version. This bill -- and many of 14 us would like to support an effort to tighten 15 up the rules related to the prosecution of 16 terrorists. Many of us, however, cannot 17 support this bill because it is blatantly 18 unconstitutional. 19 This is something that I would 20 respectfully suggest -- I realize that the 21 game here is to pass a bill and hope that the 22 Assembly does something. But there's no point 23 in us continuing to pass a bill, year in and 24 year out, that clearly violates the 25 exclusionary rule.

Candyco Transcription Service, Inc.

(518) 371-8910 1 In fact, what this bill essentially 2 does, by creating a broad good-faith exception 3 it says police officers don't need a warrant; 4 if they just can make a argument they acted in 5 good faith, the exclusionary rule doesn't 6 apply. 7 That is absolutely clearly contrary 8 to the holdings of the United States Supreme 9 Court, that is contrary to the holdings of the 10 federal courts in this area, the Second 11 Circuit Court of Appeals. 12 What we're doing here is simply 13 teeing up something that would go to Senator 14 Volker's favorite court, the New York State 15 Court of Appeals, and where they will reject 16 it, you know, in a three-sentence opinion. 17 So my request is this. If you're 18 going to put in a bill that deals with 19 difficult issues like roving wiretaps, where 20 any of us could stumble into this zone of no 21 privacy that would hover over us, if you're 22 going to deal with issues like a good-faith 23 exception to the exclusionary rule, which has 24 been proven to be one of the most effective 25 deterrents against police abuse in the history

Candyco Transcription Service, Inc.

(518) 371-8910 1 of the United States, let's proceed with care. 2 And I would request, Senator 3 Balboni, before we see this one-house bill 4 again next year, let's amend the part that 5 clearly violates the Constitution. The Fourth 6 Amendment to the Constitution and Section 12, 7 Article 1, of the constitution of this state 8 clearly narrow the provisions of the 9 exclusionary rule in a way that is violated by 10 this legislation. You cannot ask this state 11 government to openly violate federal law, and 12 that's what this bill does. 13 So please let's amend that 14 provision. Let's give us a bill we can all 15 vote for so we can all proceed forward to try 16 and get something through the Assembly. I'm 17 sorry we're not doing it this year, but I hope 18 we will do it in the future. Absent that, 19 Madam President, I will have to vote no, as I 20 have in the past, and urge my colleagues to do 21 likewise. 22 Thank you. 23 THE PRESIDENT: Senator Balboni. 24 SENATOR BALBONI: Yes, I rise 25 because I am really encouraged by Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Schneiderman's political courage. It is not 2 every day that Senator Schneiderman gets up 3 and calls a bill that has been drafted and 4 supported by the Attorney General of this 5 state, Eliot Spitzer, unconstitutional. I 6 think that is a tremendous step in political 7 courage. 8 I believe you've endorsed him or 9 talked about supporting him, so I think it's a 10 great moment that you would take your personal 11 principles and put that over politics. 12 However, having said that, let's 13 talk about those two aspects real quick. The 14 first issue is the roving wiretaps. So that 15 everybody does not confuse this issue with 16 what happened in Washington, D.C., if you 17 recall, the national issue about roving 18 wiretaps was that the wiretaps would be done 19 without a warrant and without a court looking 20 over the wiretap. 21 That's not the case here, because 22 the Attorney General of this state wouldn't 23 support that. So he didn't. He put in a 24 provision that said -- and by the way, when I 25 said "he put in a provision," I mean he put in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the provision. Because this has been in other 2 bills that he has sent up to this chamber. 3 And he put in a provision that said 4 as long as you have an application that 5 specifically identifies the person who you 6 want to have the wiretap on, a terrorist, and 7 that the application is approved by order with 8 a specific timeline, then it's okay. And that 9 is constitutional. 10 And by the way, as you know, that 11 in organized crime, roving wiretaps are done 12 right now at the federal level. We do it here 13 as it relates to organized crime in this state 14 through federal statutes. 15 And in the second piece about the 16 good-faith exception, so that everybody 17 understands what the good-faith exception is, 18 first of all, who it applies to, it's 19 terrorists. It's not some run-of-the-mill 20 criminal. It is a terrorist. 21 And as it relates to terrorists, 22 what it means is that a police officer can -- 23 if there's a good-faith exception, that the 24 officer believes, in good faith, that the 25 person is a terrorist and that the evidence

Candyco Transcription Service, Inc.

(518) 371-8910 1 will prove their crimes. 2 It doesn't mean that they get 3 convicted, it means that the jury can hear 4 that evidence. That's all it is. We don't 5 circumvent the jury system. We have faith in 6 our fellow citizens to decide that if evidence 7 is brought forward about a terrorist activity, 8 that they will make the right decisions. 9 This bill has been before us 10 before, Madam President. I'm sorry we have to 11 keep talking about it. It's time to enact 12 this. And I think that as we continue to have 13 demonstrations of political courage, perhaps 14 we'll be able to have demonstrations of an 15 appreciation as to the severity of terrorist 16 activities in this nation and particularly 17 this state. 18 Thank you. 19 THE PRESIDENT: Senator 20 Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. 23 I'm glad to be called courageous. 24 But I think that one of the things that 25 characterizes the skills, qualities and -- on

Candyco Transcription Service, Inc.

(518) 371-8910 1 the bill one more time, Madam President -- the 2 skills and qualities of the Attorney General, 3 who many of us believe will be the next 4 Governor, is the fact that he in fact is eager 5 to tolerate debates. 6 And he and I disagree on a lot of 7 issues. I've known him since we were both 8 lawyers in private practice. We disagree on 9 certain issues. And believe me, he can hold 10 his own in any sort of an argument, and I'm 11 happy to carry this argument on when he's in 12 the executive. 13 I would suggest, however, that when 14 we're faced with something that we have a very 15 hard time getting through the other house, 16 that a sign of political courage is a sign of 17 confidence. You know, if you have political 18 courage, and I think Senator Balboni certainly 19 has lots of courage, what we should do is take 20 a hard look at the reasons this may not be 21 become a law. 22 And even if there's a disagreement, 23 a serious disagreement about something as 24 serious as the protections provided by the 25 Fourth Amendment, the protection to be safe in

Candyco Transcription Service, Inc.

(518) 371-8910 1 our homes, free from unlawful search and 2 seizures, free under the Fourth, Fifth 3 Amendments and other things that protect us, 4 that we should take a very close look. 5 I don't think there's any close 6 call, frankly, in my own opinion -- and I know 7 there could be disagreement -- that you cannot 8 go beyond the judicially established limits of 9 the exclusionary rule. This reason is very 10 simple. Senator Balboni said: Oh, this is 11 just about terrorists. It's not about 12 terrorists. It's about suspected terrorists. 13 The reason we have the system that 14 we have in this country is to try and prevent 15 people from being wrongfully convicted and to 16 prevent them from being wrongfully convicted 17 in one area by having unlawful searches and 18 seizures. So there are suspected terrorists. 19 Every terrorist, we agree, should 20 be prosecuted, should be punished to the full 21 extent of the law. This is an effort to 22 modify the laws to make it easier to go after 23 this particular set of crimes. 24 But I would suggest that, just as 25 the Attorney General has the strength of his

Candyco Transcription Service, Inc.

(518) 371-8910 1 own convictions and the confidence in his own 2 convictions to tolerate dissenting point of 3 views and engage in debates with those of us 4 who disagree with him, I think that we should 5 take into account the view -- not just my 6 view, but the view of our colleagues in the 7 other house, in the Assembly. 8 And, Senator Balboni, if we don't 9 want to just have a one-house bill for 10 posturing here and into the future, let's try 11 and modify this one provision. I disagree 12 with the wiretap provisions, but I'm not 13 making an argument it's unconstitutional. I 14 just think it's bad public policy. The 15 exclusionary rule provision, though, I think 16 there's a strong argument it is 17 unconstitutional. 18 Give us something we can all vote 19 for. Give us something that can pass in the 20 Assembly. And then we will have something 21 that we can give to the Attorney General when 22 he is Governor that he can actually sign, 23 which I know is what he wants and what I want 24 and I believe, Senator Balboni, ultimately 25 what you want. Let's not do a one-house bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Let's do a law. 2 Thank you. 3 THE PRESIDENT: Does any other 4 member wish to be heard? 5 Senator Volker. 6 SENATOR VOLKER: I side with the 7 Attorney General and Mike Balboni. Thank you. 8 (Laughter.) 9 THE PRESIDENT: The debate is 10 closed. 11 The Secretary will ring the bell. 12 Read the last section. 13 THE SECRETARY: Section 39. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 60 are 19 Senators -- 20 THE PRESIDENT: If the members 21 would please take their seats. And if there's 22 any conversation, please take it out of the 23 chamber so that we can proceed quickly with 24 our business. 25 The Secretary will announce the

Candyco Transcription Service, Inc.

(518) 371-8910 1 results. 2 THE SECRETARY: -- Senators 3 Andrews, Dilan, Duane, L. Krueger, Montgomery, 4 Parker, Sabini, Schneiderman, Serrano and 5 Stavisky. 6 Those Senators absent from voting: 7 Senator Connor. 8 Ayes, 49. Nays, 10. 9 THE PRESIDENT: The bill is 10 passed. 11 The Secretary will continue to 12 read. 13 THE SECRETARY: Calendar Number 14 465, by Senator Rath, Senate Print 1568, an 15 act to amend the Penal Law. 16 SENATOR SCHNEIDERMAN: 17 Explanation. 18 THE PRESIDENT: Senator Rath, an 19 explanation has been requested. 20 SENATOR RATH: The bill is a very 21 simple bill. It puts a couple of sections, 22 new sections into the Penal Law that make a 23 municipality or a school district capable of 24 recovering costs when a false bomb is placed 25 and a person is convicted of being the person

Candyco Transcription Service, Inc.

(518) 371-8910 1 who has placed that false bomb. 2 And a great deal of expense, of 3 course, would have been gone to in order to 4 roll out all of the hazardous gear, the hazmat 5 troops. Hopefully nothing would have happened 6 by way of automobile or truck accidents as 7 these responses are being conducted. 8 But up until now -- this happened 9 as a result of an incident that happened near 10 my district, in a neighboring school district, 11 and there were a lot of costs incurred and no 12 one was able to recover the costs from the 13 perpetrators. 14 THE PRESIDENT: Does any other 15 member wish to be heard? 16 Then the debate is closed. The 17 Secretary will ring the bell. 18 Read the last 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: Those recorded in 24 the negative on Calendar Number 465 are 25 Senators Andrews, Duane and Parker.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Absent from voting: Senator 2 Connor. 3 Ayes, 56. Nays, 3. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos, that completes the 7 reading of the calendar. 8 Senator Larkin. 9 SENATOR LARKIN: Madam President, 10 we'd like to open up Resolution Number 4092. 11 This was a resolution requested by 12 the Orange and Ulster musical community -- 13 THE PRESIDENT: I'm going to ask 14 the members to return to their seats and to 15 take any conversations out of the chamber. It 16 is difficult to hear the speakers. We need to 17 proceed with our business. 18 SENATOR LARKIN: Again, Madam 19 President -- 20 THE PRESIDENT: I'm going to wait 21 until there's order, Senator. 22 You may proceed, Senator Larkin. 23 SENATOR LARKIN: Thank you, Madam 24 President. 25 The musical directors of the

Candyco Transcription Service, Inc.

(518) 371-8910 1 counties of Orange and Ulster asked me to take 2 pride in having a resolution introduced 3 commemorating the 75th anniversary of "The 4 Star Spangled Banner" becoming our national 5 anthem, and as such we've done it today. And 6 I'd like to open it up for everybody, if you 7 see fit to join us. 8 THE PRESIDENT: Any member who 9 does not wish to cosponsor the resolution, 10 please notify the desk. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 there will be an immediate meeting of the 14 Finance Committee in the Majority Conference 15 Room. 16 I believe we will then return, take 17 up some confirmations, Senator Krueger has a 18 petition, and then we'll adjourn. 19 THE PRESIDENT: There will be an 20 immediate meeting of the Finance Committee in 21 the Majority Conference Room. 22 The Senate stands at ease. 23 (Whereupon, the Senate stood at 24 ease at 3:41 p.m.) 25 (Whereupon, the Senate reconvened

Candyco Transcription Service, Inc.

(518) 371-8910 1 at 4:04 p.m.) 2 THE PRESIDENT: Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 if we could return to reports of standing 5 committees, I believe there's a report of the 6 Finance Committee at the desk. I ask that it 7 be read. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Senator Johnson, 11 from the Committee on Finance, reports the 12 following nomination: 13 As Commissioner of Motor Vehicles, 14 Nancy A. Naples, of Hamburg. 15 THE PRESIDENT: Senator Johnson. 16 SENATOR JOHNSON: Yes, Madam 17 President. Move the nomination, please. 18 THE PRESIDENT: Senator Volker. 19 SENATOR VOLKER: Thank you. 20 I have to say that I'm clearly 21 biased, because I've known Nancy Naples for a 22 number of years. In fact, the two of us have 23 received awards together on a number of 24 occasions. 25 She's probably the finest -- I

Candyco Transcription Service, Inc.

(518) 371-8910 1 believe the finest comptroller that Erie 2 County ever had. She was the comptroller at a 3 time, tumultuous time in Erie County, probably 4 took more abuse than anyone in government that 5 I've ever known in Erie County. 6 Unfortunately, the local media 7 didn't realize that we probably saved more 8 money for the taxpayers through bonding and 9 borrowing and so forth. It was certainly a 10 shame the treatment that she received. But 11 she was always upstanding, tough when she had 12 to be, told it like it is. 13 And when Alan Hevesi, the 14 Comptroller of the State of New York, went in 15 and took a look at the finances, he said and 16 his people said many times to us: "Why didn't 17 anybody listen to the comptroller, to Nancy 18 Naples?" And the answer was that nobody 19 was -- at least, well, almost nobody in Erie 20 County was listening, unfortunately. If they 21 had listened to Nancy Naples, we wouldn't have 22 a control board in Erie County right now. 23 But all that aside, that's water 24 over the dam. But in a sense, this is a 25 vindication of the fact that everyone knew

Candyco Transcription Service, Inc.

(518) 371-8910 1 that Nancy Naples was one of the best public 2 officials in Erie County. And she'll do a 3 super job, I have no doubt, as head of the 4 Motor Vehicle Department. 5 I'm proud to say that she's a 6 friend, as her husband, Tom, is a good friend. 7 And I wish her the very best of luck. And I 8 can only say that we have a situation, I 9 think, where Western New York shines today, 10 and we're very happy with that. 11 THE PRESIDENT: Senator Rath. 12 SENATOR RATH: Yes, Madam 13 President. I'd like to add my congratulations 14 to those of Senator Volker to my good friend 15 Commissioner Naples, who I used to call 16 Comptroller Naples. And the variety of titles 17 that Nancy Naples has had through the years 18 has clearly shown what a consummate 19 professional she is. 20 And it was brought up in the 21 Finance Committee that one of the only places 22 that many people in New York State have 23 contact with their state government is the 24 DMV. And we have to have someone there who is 25 showing the best side of New York State, and

Candyco Transcription Service, Inc.

(518) 371-8910 1 Commissioner Naples will certainly provide 2 that, through accessibility, fairness and 3 balance as she approaches some very difficult 4 and weighty issues in this time of national 5 and international security and riding herd on 6 some of those issues. 7 We're proud to have you there, 8 confident that you're going to do a great job. 9 I congratulate the Governor on his wise 10 selection and look forward to working with 11 you. 12 THE PRESIDENT: Senator 13 Stachowski. 14 SENATOR STACHOWSKI: Madam 15 President, I too rise to second the nomination 16 of Nancy Naples. 17 I have the pleasure of having Nancy 18 Naples live in my district, her and her 19 husband. And the fact is that we know each 20 other for roughly 30 years, I'd say, a rough 21 ballpark number. 22 But she's been successful in every 23 job she's taken. I think she brings to the 24 office the detail kind of look at things as 25 well as the outgoing personality that's

Candyco Transcription Service, Inc.

(518) 371-8910 1 important in a position like that. 2 And I think the Governor has made a 3 great choice, and I think Nancy will do just 4 an excellent job. And we're glad to have 5 Nancy Naples on board as the new Commissioner 6 of the Department of Motor Vehicles. And it's 7 my pleasure to second the nomination. 8 THE PRESIDENT: All in favor of 9 the nomination and confirmation of Nancy A. 10 Naples as New York State Commissioner of Motor 11 Vehicles please signify by saying aye. 12 (Response of "Aye.") 13 THE PRESIDENT: Opposed, nay. 14 (No response.) 15 THE PRESIDENT: The nominee is 16 hereby confirmed. 17 It is my great privilege as 18 president of the Senate -- and, most 19 importantly on this occasion, as Commissioner 20 Naples' friend and colleague -- to preside 21 over this confirmation. 22 I've known Nancy for many years as 23 a professional in both the private and public 24 sector. She's known, I think, beyond New York 25 State for not only her intelligence but for

Candyco Transcription Service, Inc.

(518) 371-8910 1 her character, her principles, and for her 2 really even demeanor, in good times as well as 3 bad. 4 You've been an excellent 5 professional already in Erie County and in 6 New York State. And as I said to the Governor 7 when he decided to choose you as his nominee 8 as commissioner, that it was an excellent 9 choice for the people across the State of 10 New York to get to know Nancy Naples and to 11 have you using your expertise for the benefit 12 of the people of the State of New York. 13 Congratulations. Best wishes for 14 success. 15 (Applause.) 16 THE PRESIDENT: Commissioner 17 Naples is here this afternoon with her 18 stepdaughter, Barbara O'Neill, Esquire. Have 19 a wonderful celebration. 20 The Secretary will continue to 21 read. 22 THE SECRETARY: As a member of 23 the Buffalo and Fort Erie Public Bridge 24 Authority-Peace Bridge, Gerald J. Lewandowski, 25 of Williamsville.

Candyco Transcription Service, Inc.

(518) 371-8910 1 As a member of the Small Business 2 Advisory Board, Alex Rovt, of Brooklyn. 3 As a member of the State Board of 4 Historic Preservation, Robert B. MacKay, 5 Ph.D., of Cold Springs Harbor. 6 As a member of the Empire State 7 Plaza Art Commission, Marijo Dougherty, of 8 Altamont. 9 As members of the Republic Airport 10 Commission, Stella M. Barbera, of Lindenhurst, 11 and Vincent A. Bologna, Jr., of West Babylon. 12 As a member of the State Park, 13 Recreation and Historic Preservation 14 Commission for the City of New York, Theodore 15 Roosevelt, IV, of Brooklyn. 16 As members of the board of 17 directors of the New York Convention Center 18 Operating Corporation, Charles A. Gargano, of 19 New York City, and Alan H. Wiener, of Rye. 20 As a member of the State Insurance 21 Fund, Robert H. Hurlbut, of Honeoye Falls. 22 As a member of the Board of 23 Visitors of the New York State Home for 24 Veterans and Their Dependents at Oxford, 25 Louisa Mary Platt, of Westford.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And as a member of the Board of 2 Visitors of the South Beach Psychiatric 3 Center, Beverly Salierno-Peare, of Brooklyn. 4 THE PRESIDENT: Senator Johnson. 5 SENATOR JOHNSON: Move the 6 nominations. 7 THE PRESIDENT: All in favor of 8 the nominees' confirmation as read by the 9 Secretary please signify by saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The nominees are 14 all hereby confirmed. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 is there any further business at the desk? 18 THE PRESIDENT: No, there isn't, 19 Senator. 20 SENATOR SKELOS: Would you please 21 recognize Senator Krueger. 22 THE PRESIDENT: Senator Krueger. 23 SENATOR LIZ KRUEGER: Thank you, 24 Madam President. I believe I do have a motion 25 at the desk, and I would like to have it

Candyco Transcription Service, Inc.

(518) 371-8910 1 called at this time. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Senate Print 5 433B, by Senator L. Krueger, an act to amend 6 the Public Health Law. 7 THE PRESIDENT: Senator Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. 10 Today I am urging my colleagues 11 through this motion to bring to a vote of the 12 floor of the Senate my bill S433B, which 13 creates the "Reproductive Cloning Prohibition 14 and Stem Cell Research Act." 15 This is an act that would provide 16 for public health law establishing both a 17 prohibition on reproductive cloning but 18 facilitate stem cell research and protect 19 human subjects. 20 My bill is broken down into several 21 categories: Definitions, informed consent by 22 donors prohibitions, a commission on cloning 23 and therapeutic research, the prohibition on 24 reproductive cloning, possibilities for state 25 funding.

Candyco Transcription Service, Inc.

(518) 371-8910 1 There are an estimated 128 million 2 Americans who are suffering from chronic 3 degenerative and acute diseases such as 4 juvenile diabetes, cancer, Parkinson's, 5 Alzheimer's disease, osteoporosis, ALS (Lou 6 Gehrig's disease), and one can go on and on. 7 The cost of treatment and lost 8 productivity of these diseases is estimated to 9 be in the hundreds of billions of dollars each 10 year, which does not account for the extreme 11 human loss and suffering associated with these 12 conditions. 13 New York State has historically 14 been a haven for open scientific inquiry and 15 technical innovation. With the commitment of 16 public and private resources, New York State 17 has become a world leader in biomedicine and 18 biotechnology. And yet we lag behind so many 19 other states in the country when it comes to 20 establishing protocols for and allowing stem 21 cell research to move forward. 22 Four states have already 23 established legislation allowing embryonic 24 stem cell research. These include our 25 neighbors Massachusetts, New Jersey,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Connecticut, and California. 2 The debate over embryonic stem cell 3 research may result in another 10 states 4 moving forward with legislation in the near 5 future, according to recent press reports. 6 In December 2005 New Jersey 7 officials announced $5 million in grants for 8 stem cell research, including studies 9 involving embryonic stem cells. According to 10 New Jersey officials, these grants were based 11 on science, not politics, and it sets the 12 stage for a new era in medical treatments that 13 will ease the suffering of millions and 14 ultimately save lives. 15 California has not only passed 16 legislation, they've passed a public 17 resolution bond of up to $3 billion to invest 18 in stem cell research. 19 I feel so strongly that New York 20 State must take action now to support this 21 kind of research, which could result in 22 unprecedented treatments for diseases and the 23 development of affordable and accessible 24 treatments for other health threats to 25 New Yorkers.

Candyco Transcription Service, Inc.

(518) 371-8910 1 When a family member, when a 2 neighbor or a friend is suffering from an 3 illness that we cannot address, we all ask the 4 question what more can we do. We must be 5 prepared to say we have done everything 6 possible, including extensive scientific 7 research to find cures for these terrible 8 diseases. 9 In 2001, the President of the 10 United States banned federal financing for 11 most embryonic stem cell research. This has 12 hurt the cycle of breakthroughs that could 13 result in cures for many of the diseases that 14 I described before. 15 If we were to pass my bill, or a 16 similar bill by someone else authorizing the 17 conduct of stem cell research in New York, it 18 would require informed consent for research 19 purposes for the donors, it would prohibit 20 human reproductive cloning, it would -- my 21 bill would also address numerous ethical and 22 policy concerns that have been raised 23 regarding the use of embryonic stem cells for 24 medical research. 25 One of the legislative intents of

Candyco Transcription Service, Inc.

(518) 371-8910 1 this bill requires that public policy on stem 2 cell research shall balance ethical, societal, 3 and medical considerations. Policy shall be 4 based on the understanding of science 5 associated with this research, grounded on a 6 thorough consideration of ethical concerns 7 regarding that research. 8 In my bill, public policy on stem 9 cell research shall be carefully crafted to 10 ensure that researchers have the tools 11 necessary to fulfill the promise of their 12 work. But an ongoing commission made up of 13 scientists, researchers, and bioethicists will 14 ensure that the complex public policy 15 questions do not fall to the side but, rather, 16 as this science moves forward and as research 17 opportunities move forward, that the State of 18 New York will be prepared to address our laws 19 to maximize the opportunities while protecting 20 human subjects and ensuring that there is 21 informed consent for anyone who would donate 22 genetic material or who would participate in 23 therapeutic trials. 24 I'd like to refer my colleagues to 25 a report that recently was released, "New York

Candyco Transcription Service, Inc.

(518) 371-8910 1 and Stem Cell Research: A Scientific Policy 2 and Economic Analysis." I would just like to 3 read briefly the names of the universities in 4 New York State who signed on to this report 5 and are urging us to move forward quickly to 6 ensure that we have stem cell research in 7 New York State: The University of Buffalo, 8 Columbia University Medical Center, Cornell 9 University, Memorial Sloan-Kettering Cancer 10 Center, Mount Sinai Medical Center, New York 11 University, Rensselaer Polytech Institute, the 12 University of Rochester, Albany Medical 13 Center, Rockefeller University, the Rochester 14 Institute of Technology, Stony Brook 15 University, SUNY Downstate Medical Center, 16 SUNY Upstate Medical University, Syracuse 17 University, the Roswell Park Cancer Institute, 18 and the Albert Einstein College of Medicine at 19 Yeshiva University. 20 The great scientists, medical 21 institutions, and researchers in our state are 22 in fact begging us to move forward with 23 legislation to ensure that they can, in good 24 faith, continue their efforts to expand 25 embryonic stem cell research in our state and

Candyco Transcription Service, Inc.

(518) 371-8910 1 hopefully, very soon in the future, be able to 2 proudly announce that here in New York State 3 we have come to solve some of the worst 4 medical crises of our time. 5 I urge my colleagues to support me 6 in this motion to discharge. 7 Thank you, Madam President. 8 THE PRESIDENT: All in favor of 9 the petition out of committee please signify 10 by raising your hand. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Andrews, Breslin, 13 Coppola, Dilan, Duane, Gonzalez, Klein, 14 L. Krueger, C. Kruger, Montgomery, Onorato, 15 Parker, Paterson, Sabini, Sampson, Savino, 16 Schneiderman, Serrano, A. Smith, M. Smith and 17 Valesky. 18 THE PRESIDENT: The petition is 19 not agreed to. 20 (Negative response from floor.) 21 THE PRESIDENT: Senator 22 Marcellino. 23 SENATOR MARCELLINO: In an 24 attempt to assuage the Minority's 25 disappointment, there being no further

Candyco Transcription Service, Inc.

(518) 371-8910 1 business, I move we adjourn until Wednesday, 2 March 22nd, at 11:00 a.m. 3 THE PRESIDENT: On motion, the 4 Senate now stands adjourned until Wednesday, 5 March 22nd, 11:00 a.m. 6 (Whereupon, at 4:21 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910