Tuesday, May 2, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 2, 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

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Monday, May 1, the Senate met pursuant to 18 adjournment. The Journal of Sunday, April 30, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Thank you, 9 Madam President. 10 On behalf of Senator Golden, on 11 page number 13 I offer the following 12 amendments to Calendar Number 44, Senate Print 13 Number 5756A, and ask that said bill retain 14 its place on Third Reading Calendar. 15 THE PRESIDENT: The amendments 16 are received, and the bill will retain its 17 place on the Third Reading Calendar. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 I believe there's a substitution at the desk, 21 if we could make it at this time. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Senator Young 25 moves to discharge, from the Committee on

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(518) 371-8910 1 Investigations and Government Operations, 2 Assembly Bill Number 9871 and substitute it 3 for the identical Senate Bill Number 6631, 4 Third Reading Calendar 344. 5 THE PRESIDENT: The substitution 6 is ordered. 7 SENATOR SKELOS: Madam President, 8 if we could adopt the Resolution Calendar, 9 with the exception of Resolution 4887. 10 THE PRESIDENT: All in favor of 11 so adopting the Resolution Calendar please 12 signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The Resolution 17 Calendar is so adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 if we could take up Resolution Number 4887, 21 have the title read, move for its immediate 22 adoption, and open it up for cosponsorship. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: By Senator

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(518) 371-8910 1 Maltese, Legislative Resolution Number 4887, 2 commemorating the 58th anniversary of 3 independence of the State of Israel and paying 4 tribute to Prime Minister Ehud Olmert. 5 THE PRESIDENT: All in favor of 6 the resolution please signify by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The resolution is 11 adopted. 12 Any member who does not wish to 13 cosponsor the last resolution please notify 14 the desk. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 there's a privileged resolution, 4940, at the 18 desk by Senator DeFrancisco. If we could have 19 it read in its entirety, move for its 20 immediate adoption, and then open it up for 21 cosponsorship. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: By Senator 25 DeFrancisco, Legislative Resolution Number

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(518) 371-8910 1 4940, mourning the untimely death of New York 2 State Trooper Craig J. Todeschini. 3 "WHEREAS, It is the sense of this 4 Legislative Body to convey its grateful 5 appreciation and heartfelt regret in 6 recognition of the loss of a courageous police 7 officer who dedicated his purposeful life and 8 career in faithful service to his family, 9 community, and the New York State Police 10 Department; and 11 "WHEREAS, 25-year-old Craig J. 12 Todeschini was tragically taken from us on 13 Sunday, April 23, 2006, while performing his 14 duties as a member of the New York State 15 Police. At the time, he was trying to 16 apprehend a speeding motorist; and 17 "WHEREAS, Craig J. Todeschini was a 18 1999 graduate of West Genesee High School. He 19 attended Onondaga Community College, where he 20 graduated with an associate's degree in 21 criminal justice. He then went on to proudly 22 serve with the New York State Police. He was 23 first stationed in Malone and then Hastings. 24 He was most recently assigned to Lafayette, 25 New York; and

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(518) 371-8910 1 "WHEREAS, Craig J. Todeschini 2 proved from an early age that he was dedicated 3 to public service. He first exhibited this 4 interest as a member of an Explorer Post at 5 the Camillus Fire Department. Later, he 6 joined the Taunton Fire Department as a Junior 7 Firefighter, where he became a full-time 8 volunteer when he turned eighteen; and 9 "WHEREAS, He ended his service at 10 Taunton when he moved to Solvay in 2003. 11 There, he joined the Solvay Fire Department, 12 where he became a lieutenant; and 13 "WHEREAS, He followed in his 14 father's footsteps when he chose law 15 enforcement as his life's work. His father, 16 Jim Todeschini, is a retired police officer, 17 having served with the Town of Geddes Police 18 Department; and 19 "WHEREAS, Those who knew him best 20 describe Trooper Todeschini as a 'Trooper's 21 Trooper.' According to a superior, everyone 22 that worked alongside of Trooper Todeschini 23 had nothing but praise for him. Among his 24 many attributes, he took his job seriously, 25 was dedicated to all who needed his help, and

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(518) 371-8910 1 had unsurpassed compassion; and 2 "WHEREAS, Thousands of individuals, 3 in and out of law enforcement, some of whom 4 knew Trooper Todeschini and many of whom did 5 not, paid tribute to him in the days following 6 his tragic death. That so many did so and 7 stood for hours to pay their respects speaks 8 volumes about what a fine and promising young 9 family man and professional man he was. His 10 loss has been deeply felt by many; now, 11 therefore, be it 12 "RESOLVED, That this Legislative 13 Body pause in its deliberations to mourn the 14 untimely death of New York State Trooper Craig 15 Todeschini, knowing that he has forever left a 16 void in the hearts and minds of those he loved 17 and those he touched, and to convey its 18 sincere condolences to his wife, Kristi; his 19 stepson, Tyler; his parents, Jim and Cindy 20 Todeschini; his sister, Lindsay, and his many 21 other family members; and be it further 22 "RESOLVED, That a copy of this 23 resolution, suitably engrossed, be transmitted 24 to Mrs. Kristi Todeschini and her family." 25 THE PRESIDENT: Senator

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(518) 371-8910 1 DeFrancisco. 2 SENATOR DeFRANCISCO: Thank you, 3 Madam President. 4 I rise to speak on this resolution 5 about the tragic circumstances surrounding the 6 death of Trooper Todeschini. He was 25 years 7 old -- 25 years old. I'm looking at the 8 resolution, and it talks about his graduation 9 in 1999 from high school. 10 I mean, it's just unbelievable. We 11 were here a few weeks ago on West Point Day to 12 mourn the death of Tim Moshier, also a 13 25-year-old, who was killed in Iraq who was a 14 recent graduate of West Point. You know, it's 15 a shame that we're here on these occasions so 16 frequently. 17 This young man was chasing a 18 speeding motorcyclist. And there's a group 19 apparently in our area that thinks this is 20 fun; they even have a website that tells how 21 to try to outrace police officers. It's sort 22 of like a game, and they give instruction as 23 to the best way to play this game. Well, this 24 trooper was trying to apprehend that 25 individual, lost control of his car, hit a

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(518) 371-8910 1 tree and is now dead. 2 I went to the funeral services last 3 week, and Governor Pataki was there, Eliot 4 Spitzer was there, others were there. 5 Thousands of troopers came from all over the 6 United States, law enforcement officials. And 7 I even saw one, a highway patrolman, from 8 California. Thousands of people. 9 He also was a volunteer fireman, 10 which was -- made it equally attended by 11 volunteer firefighters from throughout the 12 area and in some cases out of state. 13 And Trooper Todeschini was a fine 14 young man. He left, surviving him, his wife, 15 who was eight months pregnant. I mean, how 16 much more tragic can you possibly have a 17 situation. 18 Which is what troopers, what law 19 enforcement officials, what members of the 20 military go through every day of the week, not 21 knowing what the next day is going to bring. 22 His mother spoke at this 23 proceeding. And there was the Superintendent 24 of Troopers, and there was Governor Pataki, 25 all dignitaries spoke. But his mother spoke;

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(518) 371-8910 1 I don't know how she did it. And her message 2 was a positive message, Cindy Todeschini. Her 3 message was basically we have to respect each 4 other. These things don't happen if you 5 simply have respect. 6 And unfortunately, this was not the 7 situation which led to this individual's 8 death. 9 Last year the Senate passed a bill 10 sponsored by Senator Alesi -- it didn't pass 11 the Assembly -- which would increase the 12 penalties for irresponsible human beings who 13 try to avoid being stopped by law enforcement 14 officials that place the law enforcement 15 officials' lives in jeopardy. We're going to 16 be -- that particular bill was passed through 17 the Codes Committee today and no doubt will be 18 at the floor very soon. There may be other 19 bills that arise from it. 20 But I guess the message is this. 21 You know, somehow we've got to make sure that 22 individuals realize the seriousness of these 23 offenses so these tragic deaths don't happen 24 again. 25 So to Officer Todeschini's

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(518) 371-8910 1 survivors, to his soon-to-be-born child, you 2 know, we're doing everything we can in this 3 Legislature to try to make the streets safe. 4 And our sympathies go out to all of you. And 5 we truly mourn the death of this wonderful 6 young man whose future, bright future was cut 7 off so short by a very, very irresponsible 8 action. 9 So thank you for hearing of this in 10 this Senate chamber, and I offer the 11 resolution for cosponsorship to anyone who 12 chooses to be. 13 And we'll assume, Madam Chairman, 14 if it's okay with you, that if you don't want 15 to be on the resolution, to notify the chair. 16 Otherwise, you will be a cosponsor. 17 Thank you. 18 THE PRESIDENT: Senator Volker. 19 SENATOR VOLKER: Madam President, 20 I just want to say quickly -- thank Senator 21 DeFrancisco for this resolution. 22 And as he said, we just reported a 23 bill today and I expect we will probably pass 24 it next week. We are going to try very, very 25 hard to get the Assembly to agree to a bill.

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(518) 371-8910 1 There have been a number of these types of 2 bills relating to chases. 3 I agree with what Senator 4 DeFrancisco said. Unfortunately, I don't 5 think a lot of people realize the dangers that 6 are involved in some of these chases. And I 7 always laugh at reading in the paper there 8 should be a policy and all this stuff. Well, 9 if anybody has ever been involved in these -- 10 and I have. I was involved in a lot of chases 11 when I was a police officer, for lots of 12 reasons. 13 And I can tell you, you can have 14 all the policies in the world, but when you're 15 involved in a high-speed chase, you've got to 16 make split-second decisions and sometimes you 17 make the wrong decisions. And unfortunately 18 for this trooper, one way or another -- and he 19 was driving a fairly good-sized vehicle, by 20 the way. But it doesn't matter. When you're 21 driving fast, things can happen. 22 I must tell one quick story to 23 people that don't think you should chase 24 people. A good friend of mine was a police 25 officer in Tonawanda, New York, many years

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(518) 371-8910 1 ago, on New Year's Eve, and he was chasing a 2 car that eventually reached speeds of 110 3 miles an hour. He stopped chasing him, saying 4 it was too dangerous. The car went on for two 5 miles and hit a car at an intersection and 6 killed two elderly people. 7 The reason I say that, now the 8 person that was in the car lived, which is 9 unfortunately -- I don't mean unfortunately -- 10 but the drunk driver he was chasing. But it 11 taught a lesson to a lot of us. And that is 12 you can say disengage chases, but that doesn't 13 mean that that person is going to slow down. 14 In fact, we always took the position that if 15 there's any way you can get somebody, get them 16 before they kill somebody else. 17 So I just want to say that this is 18 another incident of one of our finest, the 19 New York State Police, giving his life in an 20 attempt to keep things in this state under 21 control. And we should never forget that it 22 doesn't have to be criminal activity as 23 such -- in other words, with a gun or drugs or 24 whatever -- that can bring down and kill a 25 person, but merely things that appear to be

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(518) 371-8910 1 innocent but they're not innocent. 2 And the family of this police 3 officer -- from what I understand, a wonderful 4 family -- is without a child. And I can only 5 say that he will never be forgotten. And very 6 shortly, by the way, in the memorial, police 7 memorial, he will be there on the memorial. 8 In fact, next week, Tuesday. And I remind 9 everybody of that also. 10 Thank you. 11 THE PRESIDENT: All in favor of 12 the resolution please signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The resolution is 17 adopted. 18 Any member who does not wish to 19 cosponsor the resolution please notify the 20 desk. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 there will be an immediate meeting of the 24 Finance Committee in the Majority Conference 25 Room.

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(518) 371-8910 1 And the Senate will stand at ease 2 pending the return of the report. 3 THE PRESIDENT: There will be an 4 immediate meeting of the Finance Committee in 5 the Majority Conference Room, and the Senate 6 will stand at ease. 7 (Whereupon, the Senate stood at 8 ease at 3:19 p.m.) 9 (Whereupon, the Senate reconvened 10 at 3:34 p.m.) 11 SENATOR SKELOS: Mr. President. 12 ACTING PRESIDENT MORAHAN: 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could return to reports of standing 16 committees for the Finance report at this 17 time. 18 ACTING PRESIDENT MORAHAN: 19 Reports of standing committees. 20 The Secretary will read. 21 THE SECRETARY: Senator Johnson, 22 from the Committee on Finance, reports the 23 following nomination. 24 As Secretary of State, Christopher 25 L. Jacobs, of Buffalo.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: We 2 recognize Senator Johnson to move the 3 nomination. 4 SENATOR JOHNSON: Move the 5 nomination. 6 ACTING PRESIDENT MORAHAN: 7 Senator Johnson moves the nomination. 8 Senator Volker. 9 SENATOR VOLKER: Mr. President, 10 may I speak just for a second. 11 ACTING PRESIDENT MORAHAN: Did 12 you say to second? 13 SENATOR VOLKER: Yes, I'm 14 seconding. Yes, thank you, Mr. President. 15 I just want to say that Chris 16 Jacobs has been a friend of mine for many, 17 many years, his entire family. His mother was 18 a SUNY Board of Trustees member, the 19 distinguished Pamela Jacobs. His father was 20 one of the most distinguished doctors and 21 researchers in this state, Dr. Larry Jacobs, 22 who died several years ago, one of the real 23 towering experts in multiple sclerosis. 24 I believe Christopher probably is 25 one of the youngest secretaries of state. But

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(518) 371-8910 1 I have to tell everyone that he's had a very 2 long and experienced period in Buffalo and 3 Western New York. He's been involved in a lot 4 of not only community activities, but areas 5 where he has showed his expertise and his 6 understanding of human principles and of 7 management. There's no question in my mind 8 that he'll make an excellent secretary of 9 state. 10 And we have had, by the way, some 11 wonderful secretaries of state over the years, 12 including the father of the Minority Leader, 13 who I knew very well many years ago, Basil 14 Paterson. So he follows in the footsteps of 15 giants. 16 And I'm sure that, although he may 17 not be a giant yet, but he certainly is going 18 to be one of the real fine secretaries of 19 state in this country. 20 And congratulations, Chris. 21 ACTING PRESIDENT MORAHAN: 22 Senator Rath. 23 SENATOR RATH: Thank you, Mr. 24 Chairman. I rise, along with Senator Volker, 25 to second the nomination of Chris Jacobs for

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(518) 371-8910 1 New York State Secretary of State. 2 Chris I have known for a long time; 3 he's a friend of my son's and a whole group of 4 young men in Buffalo who are taking on a 5 mantle of leadership in Western New York. And 6 to have Chris Jacobs to be nominated and be 7 able to serve in this position will be a 8 shining example for young people that there 9 are opportunities to serve. 10 Chris is experienced, as Senator 11 Volker has said to you about his family. I 12 would add another one that maybe Chris might 13 be surprised I would remember, but his 14 grandfather, Tom Ryan, was the sheriff of Erie 15 County and served with great deal of 16 distinction many years ago. There is a 17 tradition of leadership in the Jacobs family. 18 Chris's own resume will point out 19 to you all of the honors and distinctions that 20 he has had in his relatively short career. 21 And one of the greatest that I will always 22 recall is the BISON Scholarship Fund, which 23 attracts and develops funds and resources for 24 scholarships for inner-city children. 25 So I'm very pleased that the

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(518) 371-8910 1 Governor has made this nomination, and I'm 2 very proud to second it. 3 ACTING PRESIDENT MORAHAN: 4 Senator Coppola. 5 SENATOR COPPOLA: Thank you, 6 Mr. President. 7 It's always nice to see somebody 8 not only from my district, from my city of 9 Buffalo -- actually, from my neighborhood -- 10 to succeed in a very prestigious position. 11 Chris and I have known each other for about 12 eight to 10 years now. We've grown to be 13 friends. I supported him as an elected 14 official of the school board in Buffalo. I 15 think he's done a great job. And I'm happy to 16 be able to support his nomination today. 17 And again, I say that Chris and I 18 are good friends and I think this is a good 19 position for him. I think he'll serve the 20 state well, and I wish him luck in his new 21 endeavor. 22 Thank you, Mr. President. 23 ACTING PRESIDENT MORAHAN: Thank 24 you, Senator Coppola. 25 Senator Staz -- Stachowski.

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(518) 371-8910 1 SENATOR STACHOWSKI: Easy for you 2 to say. 3 Mr. President, thank you very much. 4 I too rise to second the nomination of Chris 5 Jacobs. 6 Fortunately, I've known his family 7 for quite some time. And I related it in the 8 committee meeting that I wasn't sure what I 9 was going to do about this nomination, having 10 not heard from the nominee. But his mom 11 called this morning and said what a wonderful 12 job she thought Chris would do, and so I had 13 no choice but to get up and support him. 14 And I'm proud to support his 15 nomination, and I hope that he does as good a 16 job as secretary of state as his mom did on 17 the SUNY Board of Trustees. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator. 20 The question is on the nomination 21 of Christopher L. Jacobs as Secretary of 22 State. All in favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT MORAHAN: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT MORAHAN: 3 Christopher L. Jacobs is hereby confirmed as 4 Secretary of State. 5 He is joined in the gallery today 6 with his wife, Patti, and his stepson, Max 7 Vitale. 8 Welcome, Mr. Secretary, and good 9 health and best wishes for success. Thank 10 you. 11 (Applause.) 12 ACTING PRESIDENT MORAHAN: 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could go to the noncontroversial reading 16 of the calendar. 17 ACTING PRESIDENT MORAHAN: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 344, substituted earlier today by Member of 21 the Assembly Parment, Assembly Print Number 22 9871, an act to amend the Tax Law. 23 ACTING PRESIDENT MORAHAN: There 24 is a local fiscal impact note at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 56. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 527, by Senator Marchi, Senate Print 6772, an 13 act to amend the Civil Service Law, in 14 relation to credits allowed. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 650, by Senator Spano, Senate Print 7008, an 4 act to amend the Penal Law and the Public 5 Health Law, in relation to enacting Cynthia's 6 Law. 7 ACTING PRESIDENT MORAHAN: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 675, by Senator LaValle, Senate Print 5166, an 22 act to authorize the Independent Group Home 23 Living Program, Inc. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 55. Nays, 9 1. Senator Bonacic recorded in the negative. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 676, by Senator Balboni, Senate Print 6781, an 14 act authorizing the assessor of the County of 15 Nassau. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Ayes, 55. Nays,

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(518) 371-8910 1 1. Senator Bonacic recorded in the negative. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 727, by Senator Seward, Senate Print 7040, an 6 act in relation to legalizing, validating, 7 ratifying and confirming certain actions. 8 ACTING PRESIDENT MORAHAN: There 9 is 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 MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 57. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 754, by Senator Golden, Senate Print 2737, an 23 act to amend the Executive Law, in relation to 24 certain crime victim compensation. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the first of January 4 next succeeding. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 57. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 756, by Senator Farley, Senate Print 6397, an 15 act in relation to affecting the health 16 insurance benefits and contributions. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Senator Farley, to explain his vote.

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(518) 371-8910 1 SENATOR FARLEY: Just to explain 2 my vote. 3 This is one of the most significant 4 pieces of legislation we will pass this year. 5 It is the number-one priority of the retired 6 public employees. It's also a major priority 7 of CSEA, PEF, NYSUT, AFSCME, the Alliance of 8 Public Retired Organizations, the Retired 9 Police Associations and Fire Associations, the 10 Professional Police and Fire Retirees, the 11 New York City Police Department. 12 Let me say something about this. 13 This is the same legislation that we pass for 14 the teachers every year that protects their 15 health insurance when they retire. This bill 16 has been passed by both houses, I think three 17 years in a row. It's been vetoed every year. 18 Unfortunately, it's opposed by the 19 officials of the New York City Police 20 Department, pretty much, and -- because -- and 21 also in the veto message it says that really 22 they don't change this for retired employees. 23 Untrue. I can name a couple of villages and 24 towns where they have changed the health 25 benefits for the retirees.

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(518) 371-8910 1 It's a piece of legislation that 2 we've got to get signed this year. So I urge 3 every one of my colleagues to energize and so 4 forth to make sure that we get it signed this 5 year, because it's unfair. There's nothing 6 more important to a retiree than his health 7 insurance, and this is something that is very, 8 very significant. 9 There's almost no opposition to 10 this anywhere, and there's no reason for this 11 to be vetoed. And I'm going to personally 12 contact the Governor, as I wish almost 13 everybody in this chamber would. 14 It's a great piece of legislation, 15 and I urge everybody to support it, as you 16 have in the past. And I thank you for that. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator Farley. You will be recorded in 20 the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 757, by Senator Spano, Senate Print 6441, an 2 act to amend the Labor Law, in relation to 3 requiring public employers. 4 SENATOR DUANE: Lay it aside, 5 please. 6 ACTING PRESIDENT MORAHAN: The 7 bill is laid aside. 8 THE SECRETARY: Calendar Number 9 765, by Senator Larkin, Senate Print 2345A, an 10 act to amend the Correction Law, the Criminal 11 Procedure Law, and the Family Court Act. 12 SENATOR DUANE: Lay it aside, 13 please. 14 ACTING PRESIDENT MORAHAN: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 769, by Senator Saland, Senate Print 4757, an 18 act to amend the Executive Law, in relation to 19 payment of fees. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the same date as 24 Section 68 of Chapter 264 of the Laws of 2003. 25 ACTING PRESIDENT MORAHAN: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 771, by Senator Alesi, Senate Print 6366, an 10 act to amend the Correction Law and the Penal 11 Law, in relation to barring sex offenders. 12 SENATOR DUANE: Lay it aside, 13 please. 14 ACTING PRESIDENT MORAHAN: The 15 bill is laid aside. 16 THE SECRETARY: Calendar Number 17 776, by Senator Johnson, Senate Print 7277, an 18 act to amend the Executive Law, in relation to 19 requiring. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 Senator Skelos, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR SKELOS: Mr. President. 10 ACTING PRESIDENT MORAHAN: Yes, 11 Senator Skelos. 12 SENATOR SKELOS: If we could go 13 to the controversial reading of the calendar 14 and start off with Senator Larkin's bill, 15 Calendar Number 765. 16 ACTING PRESIDENT MORAHAN: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 765, by Senator Larkin, Senate Print 2345A, an 20 act to amend the Correction Law, the Criminal 21 Procedure Law, and the Family Court Act. 22 SENATOR DUANE: Explanation, 23 please. 24 ACTING PRESIDENT MORAHAN: 25 Senator Larkin, an explanation has been

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(518) 371-8910 1 requested by Senator Duane. 2 SENATOR LARKIN: Senator Duane, 3 this bill would require persons adjudicated as 4 juvenile delinquents and youthful offenders 5 for violent sex offenses to register pursuant 6 to the Sex Offender Registration Act. 7 Unfortunately, today, as we look at 8 the statistics that are developed for us in 9 this area of criminal justice, there are more 10 and more persons who have committed sexually 11 violent offenses that are ages 13, 14 and 15. 12 In my district alone, just recently 13 there was one individual who at the age of 14 14 committed a sexually violent offense. After 15 being released and sent home, he committed the 16 same offense in the same neighborhood in less 17 than three months. 18 It is not a pleasure to have to 19 introduce a bill like this. However, it is 20 important that the community know of the 21 existence of individuals, no matter what their 22 age is, who reside in their communities that 23 have a strong inclination to commit sexually 24 violent offenses. 25 This bill is important because

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(518) 371-8910 1 children ages 13 to 15 who are covered by this 2 bill tend to prey on persons of their own age. 3 Hence, the bill attempts to protect our 4 children in middle and junior high schools 5 from violence committed by perpetrators who 6 have been released into their communities. 7 ACTING PRESIDENT MORAHAN: Thank 8 you, Senator Larkin. 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes, Mr. 11 President. Would the sponsor, Senator Larkin, 12 yield for a question or two? 13 SENATOR LARKIN: Yes, I will 14 yield for one question, as she asked. 15 SENATOR MONTGOMERY: Oh, no, I 16 said "or two." You'll yield for -- 17 SENATOR LARKIN: Go ahead. 18 SENATOR MONTGOMERY: Okay, thank 19 you. 20 Senator Larkin, you talked about -- 21 I'm looking at your support memo and I didn't 22 see it indicated here, but in your notes there 23 you talked about that there were 13-year-olds 24 and 14-year-olds in your district who had 25 committed violent sexual acts.

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(518) 371-8910 1 SENATOR LARKIN: Yes. Yes. 2 SENATOR MONTGOMERY: Through you, 3 Mr. President, would Senator Larkin continue 4 to -- 5 ACTING PRESIDENT MORAHAN: 6 Senator Larkin, will you continue to yield? 7 SENATOR LARKIN: Yes, Mr. 8 President. 9 ACTING PRESIDENT MORAHAN: The 10 Senator yields. 11 SENATOR MONTGOMERY: Thank you, 12 Mr. President. 13 Senator Larkin, did these 14 children -- were they -- subsequent to being 15 charged, were they sentenced at all to any 16 punishment? 17 SENATOR LARKIN: Yes. 18 SENATOR MONTGOMERY: Thank you. 19 Mr. President, just one last 20 question to Senator Larkin. 21 ACTING PRESIDENT MORAHAN: 22 Senator Larkin, will you continue to yield? 23 SENATOR LARKIN: I do. 24 ACTING PRESIDENT MORAHAN: The 25 Senator yields.

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(518) 371-8910 1 SENATOR MONTGOMERY: Yes, thank 2 you. 3 Senator Larkin, I'm assuming that 4 once the young people were -- they were 5 sentenced, apparently they served their 6 sentence and were released back into society. 7 My question is, was there any process whereby 8 the young person -- I'm assuming a 13-year-old 9 is about the sixth grade, maybe the seventh 10 grade, I'm not sure. 11 SENATOR LARKIN: They were 12 seventh-graders. 13 SENATOR MONTGOMERY: Seventh- 14 graders, okay. 15 So if they were a seventh-grader, 16 my assumption is that they would have been 17 reintegrated into the school environment as 18 well as the community. 19 And so my question is, was there 20 any process whereby the institution that they 21 were sentenced to communicated with the school 22 where they were returning, and what kind of 23 program in your district is there or was there 24 established to monitor and to continue to work 25 with these young people, under the assumption

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(518) 371-8910 1 that they may have needed more treatment 2 beyond the facility that they were being 3 incarcerated in? 4 SENATOR LARKIN: I don't know all 5 the mechanics of it, except that I know this. 6 In this specific case that was brought to my 7 attention, this individual was released to his 8 community and he went back to school. They 9 had said that over the past X months that they 10 had done everything humanly possible to make 11 sure. It was their assumption that he would 12 go back to his community and maybe be good. 13 And when I asked them, they said he could be 14 bad. 15 The question here has to do not 16 with how much we cater to these individuals, 17 but how much are we going to do in order to 18 protect the others? This is not an uncommon 19 thing. You can look at all the criminal 20 justice across the nation and you'll find out, 21 as my good friend Dale Volker told me, you'll 22 find out over and over that these are some of 23 the toughest cases to handle. Because 24 everybody takes an attitude of they didn't 25 mean it, they'll never do it again. Well, we

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(518) 371-8910 1 know that they do. 2 And what we're saying here is that 3 put them on a register. In some cases, it's 4 my personal belief that this is the only way 5 you're going to make them stand up and take 6 notice. 7 SENATOR MONTGOMERY: Thank you, 8 Senator Larkin. 9 ACTING PRESIDENT MORAHAN: 10 Senator Montgomery. 11 SENATOR MONTGOMERY: Mr. 12 President, I would like to comment on the bill 13 briefly. 14 ACTING PRESIDENT MORAHAN: On the 15 bill. 16 SENATOR MONTGOMERY: Yes, thank 17 you. 18 Senator Larkin indicates that, 19 number one, he is not aware of there being a 20 program which definitively -- because Senator 21 Larkin's bill does not deal with the universe 22 of sex offenders; it deals with 13-year-olds, 23 14-year-olds and 15-year-olds. 24 But he is not aware and I'm not 25 aware, certainly, of a program that

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(518) 371-8910 1 specifically says if a 13-year-old or a 2 14-year-old is engaging in inappropriate 3 sexual activities of any sort, that there is 4 an indication at an early point, early enough 5 point, I would hope, that we would identify 6 that as a serious problem and would treat it 7 as such. 8 And the treatment that I'm talking 9 about is not necessarily and certainly not 10 solely on the criminal justice system. But 11 there needs to be, it seems to me, some way of 12 dealing with this on the psychiatric, 13 emotional level. 14 We don't have that. And even when 15 the young person is incarcerated, charged and 16 incarcerated, they come home to nothing. No 17 treatment, no direct intervention in that 18 young person's situation. 19 And so we have possibly a troubled 20 child -- because these are children -- a 21 troubled child who comes home from having been 22 incarcerated for being sick, having mental 23 issues. And what do they do? They come home 24 to a community that doesn't either know or is 25 not in a position to support them in any way.

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(518) 371-8910 1 So I think that is wrong. It's 2 wrong for us to now say, as Senator Larkin 3 implies, that how are we going treat this. 4 Not giving them support, not giving them 5 treatment. How are we going to treat this? 6 We're going to put them in the registry. 7 We're going to put 13-year-olds in the sex 8 offender registry. That's what he wants to 9 do. 10 That's his cure for children who 11 obviously are demonstrating that there is 12 something very wrong going on with them at an 13 early age. And the only answer that Senator 14 Larkin can come up with, Mr. President, is 15 when they come back, let's put them in the 16 registry. And then of course that's going to 17 protect us and keep our children safe and take 18 care of the problem. 19 So I just think with every good 20 intention -- I know that Senator Larkin is 21 looking for something. And certainly we all 22 would like to see solutions. But it's very 23 sad that the only solution that we always seem 24 to be able to come up with is the criminal 25 justice system.

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(518) 371-8910 1 So obviously I don't think the 2 citizens in New York State are asking for this 3 kind of solution for children who are clearly 4 illustrating that there is something wrong. 5 And it's very deeply emotional and mental, and 6 we're not offering any other treatment. 7 So, Mr. President, I'm going to 8 oppose this bill, as I have in the past, and I 9 know that some of my other colleagues -- I ask 10 my colleagues to join me in rejecting this 11 program of criminalizing every child in our 12 state. 13 I vote no. 14 ACTING PRESIDENT MORAHAN: Thank 15 you, Senator Montgomery. You will be recorded 16 in the negative. 17 Senator Volker. 18 SENATOR VOLKER: Mr. President, I 19 just want to make a couple of comments. 20 We're not criminalizing anything. 21 And by the way, they're not sent to the same 22 facility. When you say a prison, it's really 23 not a prison. These youth facilities are not 24 exactly prisons. 25 The interesting question about

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(518) 371-8910 1 treatment is a fascinating one, because we're 2 not sure exactly how to treat these people. 3 Remember, there is treatment for young people. 4 What he's saying is he's trying to protect the 5 community, I assume at the same time there's 6 some sort of treatment. 7 There's something I think you 8 should understand, though. These children, as 9 you call them -- there was one child, and I 10 forget his name now -- killed 14 people by the 11 time he was 14 years old. He admitted to 12 beginning to kill people at 12. Now, that 13 person, by the way, is now incarcerated in our 14 system. They tried to bring him out to deal 15 with his problems, they unhooked his 16 bracelets, and he actually bit a bunch of 17 people, he was so bitter. 18 Now, I don't know what treatment 19 you would give this kind of a person. He's in 20 jail, he's also in and out of the facilities 21 that we have to try to treat people for 22 problems. But simply because they're young 23 and simply because they're apparently children 24 doesn't mean that they may not be extremely 25 violent and have problems.

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(518) 371-8910 1 What Senator Larkin is saying is 2 that there should be some way of identifying 3 these people to the community. Now, we 4 certainly don't say that the only possibility 5 is to go to the registry. But it is one of 6 the ways that we protect other people. 7 One of the things we do know is 8 this, that people in mental health are saying 9 to us that people with these kinds of 10 problems -- that is, sex abuse problems -- are 11 not mentally ill, they're sick. That's what 12 they tell us. Nobody is exactly sure what 13 that means. What they mean is they don't 14 respond to normal mental health treatment. 15 Which is why, by the way, this 16 house is trying so hard to get through a civil 17 confinement bill, a civil confinement bill 18 that would allow us to put people who are not 19 prepared to get out into the community into an 20 intensive-supervision kind of situation, 21 internally, with the best mental health people 22 we can find to try to find out how we deal 23 with these people. 24 So just because they may be young 25 in age does not mean that they should be

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(518) 371-8910 1 allowed and the risks should be allowed to 2 other people in the neighborhoods, in the 3 schools, and so forth. Certainly we should 4 treat them. And we've got to find better ways 5 to treat these people. But we also have to 6 watch out for the people that are out there in 7 the streets. And I think that's why Senator 8 Larkin has sponsored this bill. 9 ACTING PRESIDENT MORAHAN: Thank 10 you, Senator Volker. 11 Senator Krueger. 12 SENATOR LIZ KRUEGER: Thank you, 13 Mr. President. 14 If the sponsor would please yield 15 to a question. 16 ACTING PRESIDENT MORAHAN: 17 Senator Larkin, will you yield? 18 SENATOR LARKIN: Yes, Mr. 19 President. 20 ACTING PRESIDENT MORAHAN: The 21 Senator yields. 22 SENATOR LIZ KRUEGER: Thank you. 23 As I read your bill, it says that 24 conviction includes any conviction of a 25 juvenile offender for a sex offense or a

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(518) 371-8910 1 sexually violent offense would then fall under 2 your law to be registered as a sex offender 3 for the rest of their life. 4 What is the difference between a 5 violent sex offender and a nonviolent sex 6 offender? Because under your law, this would 7 apply equally to children of 13 and 14 and 15, 8 whether or not their charge was violent or 9 defined as violent under the law. 10 I'm referencing Section 16, the 11 first -- I guess it's lines 5, 6, 7, 8, 9, 10 12 on page 1 of your bill. 13 SENATOR LARKIN: Well, Senator 14 Krueger, the statute defines what we're 15 talking about. That's number one. 16 Number two, we passed this bill 17 last year 57-4. We rattled on about this bill 18 before, what it does and what it doesn't do. 19 For me, I look at 13 grandchildren 20 in my home that we have. And if somebody is 21 going to go out there and commits a violent 22 sexual offense to one of my children, I will 23 be outraged. And my whole community will be. 24 But what I'm getting from your side of the 25 aisle is first let's take care of the person

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(518) 371-8910 1 who committed the crime. 2 Thank you, Senator Smith, I will. 3 It's a very serious issue. I take 4 it very serious. We have a responsibility in 5 this chamber to make sure that we introduce 6 and pass legislation for the public safety of 7 our constituents. 8 This is a bill that says if these 9 individuals commit that type of a crime, they 10 will register. What are you so upset about 11 them registering? I think Senator Volker 12 covered it very clearly. I think if you look 13 at the statute -- I'm not an attorney. You 14 don't have to be an attorney to determine what 15 you should do to protect the people of your 16 district. To me, that's the end of it. 17 Thank you, Mr. President. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator Larkin. 20 Senator Krueger. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. I'll speak on the bill. 23 ACTING PRESIDENT MORAHAN: 24 Senator Krueger, on the bill. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 Well, I listened to Senator Volker 2 and I listened to Senator Volker discussing 3 someone who was a murderer. And certainly I 4 have no disagreement with my concerns about 5 letting murderers out on the street. I think 6 he was actually referencing somebody who was a 7 serial murderer starting at a young age. And 8 I would assume that his discussion of what is 9 mental illness or not probably correlates to 10 questions about sociopathic behavior and 11 serial murderers that start off young in life. 12 And, clearly, you are verbally and 13 emotionally committed to your bill. My reason 14 for my question between the difference between 15 a violent sexual offense and a nonviolent 16 sexual offense is I think that under the 17 statute, and in our understanding, we might 18 recognize that there are differences. That 19 there are different standards of crimes for 20 adults in the criminal code as there are 21 different standards for penalties and 22 treatment for youthful offenders because of 23 the recognition that 13-, 14-, 15-year-olds 24 may in fact be different than fully formed 25 adults. And that there may be opportunities

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(518) 371-8910 1 for treatment and rehabilitation for many 2 young people that perhaps are not available 3 once they get beyond a certain age. 4 I think there's also a 5 well-established history in our criminal code 6 and in our criminal justice system of 7 recognizing the responsibilities in bad 8 behavior of adults versus youthful offenders. 9 So while I will not disagree with 10 outrage at the community level or an 11 individual level -- you referenced if they 12 came after your own grandchildren, I 13 believe -- that all of us would feel about the 14 concept of a violent attack by any one of any 15 age, I do have a problem with the fact that 16 your bill is treating all sexual offenses as 17 if they are violent offenses for purposes of 18 lifelong registration in the sexual offender 19 category. 20 We had earlier debates in this 21 chamber over whether Levels 3, 2, and 1 sex 22 offenders as adults ought to all be treated 23 exactly the same when it came to lifetime and 24 permanent registration with the sexual 25 offender laws of this state. And I think

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(518) 371-8910 1 there was reasonable debate and disagreement 2 about not all sex offenses are the same, even 3 for adults, and that's why we established 4 Levels 3, 2 and 1 in the law. 5 This bill doesn't address those 6 differences and in fact says whether this is a 7 violent sex offense or a nonviolent sex 8 offense, even though you are 13, 14, 15 years 9 old, we are going to give you the added 10 penalty of being labeled a sexual offender for 11 the rest of your life. 12 And to point out how right I 13 believe Senator Montgomery was with her 14 concerns about the absence of treatment, I 15 would argue that if you look at the research 16 and you see 13-, 14-, 15-year-olds committing 17 sex offenses, while it may be true that some 18 of the time we're talking about the kinds of 19 sociopaths Senator Volker was describing when 20 addressing murder, not sex offense, that often 21 the research shows that you're talking about 22 children who are coming out of homes where 23 they have been sexually abused, and that in 24 fact what we ought to be doing to stop this 25 horrible cycle of violence and abuse that ends

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(518) 371-8910 1 up being generational in our communities is to 2 rapidly intervene on behalf of young children 3 who have been the victims of sexual abuse 4 themselves and then unfortunately sometimes 5 turn into abusers themselves. 6 That labeling for life doesn't 7 necessarily protect our communities or our 8 families, while intense intervention to avoid 9 this cycle continuing and stopping the next 10 generation who have been abused from becoming 11 the abusers would be a far more valuable 12 service to our communities. 13 So as I have voted against this 14 bill before, I will vote against it today, 15 because I do not believe it addresses the real 16 problems when 13-, 14- and 15-year-olds are 17 acting out sexually. And I do not think it is 18 right to pass a bill that labels all sex 19 offenders as violent sex offenders when they 20 clearly are not, and treats them the same. So 21 I'll be voting no. 22 Thank you very much, Mr. President. 23 ACTING PRESIDENT MORAHAN: Thank 24 you, Senator Krueger. You will be recorded in 25 the negative.

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(518) 371-8910 1 Does any other member wish to be 2 heard? 3 The debate is closed. 4 The Secretary will ring the bell. 5 Senators, please take your seats. 6 Read the last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 Senator Duane. 15 SENATOR DUANE: Thank you, Mr. 16 President. 17 I'm going to vote against this 18 bill, which makes sexual offenders 13 years or 19 older who are juvenile delinquents juvenile 20 offenders or youthful offenders subject to the 21 sexual offender registry. I just -- the idea 22 of putting a 13-year-old on the sex offender 23 registry permanently is just outrageous. 24 Although I do think we have to ask 25 ourselves why would a 13-year-old be acting

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(518) 371-8910 1 out in such an unhealthy manner. Could it be 2 that the family of that child was unable to 3 access mental health treatment because their 4 insurance wouldn't cover it? Well, that 5 wouldn't be the case if we passed Timothy's 6 Law. 7 And so here we are another day in 8 the State Senate. We've yet to see Timothy's 9 Law come to the floor of the State Senate. 10 Many of the ills that face our state, that 11 face the young people as well as adults of our 12 state could actually be dealt with and treated 13 if we had Timothy's Law. 14 So I urge my colleagues to work 15 with me and get Timothy's Law to the floor so 16 that we can vote in the affirmative on that. 17 And then persons such as myself wouldn't be 18 put in the position of having to vote on a 19 bill like this where I'll be voting in the 20 negative. 21 Thank you, Mr. President. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Duane. You will be recorded in 24 the negative. 25 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 765 are 3 Senators Duane, L. Krueger, Montgomery and 4 Parker. 5 Those Senators absent from voting: 6 Diaz, Dilan, Flanagan and Gonzalez. 7 Ayes, 49. Nays, 4. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 771, by Senator Alesi, Senate Print 6366, an 12 act to amend the Correction Law and the Penal 13 Law. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 771 are 25 Senators Duane, L. Krueger, Montgomery and

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(518) 371-8910 1 Parker. 2 Those Senators absent from voting: 3 Diaz, Dilan, Flanagan and Gonzalez. 4 Ayes, 49. Nays, 4. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 757, by Senator Spano, Senate Print 6441, an 9 act to amend the -- 10 ACTING PRESIDENT MORAHAN: Can we 11 hold it down in the chamber, please. 12 THE SECRETARY: -- an act to 13 amend the Labor Law. 14 SENATOR DUANE: Explanation, 15 please. 16 ACTING PRESIDENT MORAHAN: 17 Senator Spano, an explanation has been 18 requested by Senator Duane. 19 SENATOR SPANO: This is a bill 20 that would require public employers to develop 21 and implement programs to prevent workplace 22 violence. 23 We had this bill, it was passed 24 last year. The Governor, unfortunately, 25 vetoed the bill. We have made some amendments

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(518) 371-8910 1 to satisfy some of the portions of the veto 2 message. And hopefully the Governor will look 3 at this bill favorably this year. 4 ACTING PRESIDENT MORAHAN: 5 Senator Savino. 6 SENATOR SAVINO: Thank you, Mr. 7 President. On the bill. 8 ACTING PRESIDENT MORAHAN: 9 Senator Savino, on the bill. 10 SENATOR SAVINO: Thank you. 11 I would like to commend Senator 12 Spano for bringing this measure to the floor. 13 And as he stated in his 14 justification memorandum, workplace violence 15 is now one of the leading causes of death in 16 the workplace and the leading cause of 17 workplace fatalities for women. Each year, an 18 average of 20 workers are murdered and 18,000 19 are assaulted while at work or on duty. In 20 addition to the obvious pain and suffering, 21 nonfatal assault results in millions of 22 dollars in lost work days, insurance costs and 23 lost wages. 24 Mr. President, would Senator Spano 25 yield for a question.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Senator Spano, do you yield for a question? 3 SENATOR SPANO: Yes. 4 ACTING PRESIDENT MORAHAN: The 5 Senator yields. 6 SENATOR SAVINO: Thank you. 7 Senator Spano, I see that in your 8 comments you indicated that your present 9 version of the bill addresses some of the 10 issues that were raised by the Governor in his 11 veto of last year, a bill that passed this 12 house unanimously and almost unanimously in 13 the Assembly -- I think it was only five no 14 votes in the Assembly. And I understand that 15 we believe that we have addressed the concerns 16 that the Governor has put forth. And I 17 imagine that this bill is going to pass both 18 houses again. 19 So the question I have is, in the 20 event the Governor vetoes this bill this year, 21 would you lead the override of the Governor's 22 veto? 23 SENATOR SPANO: Would I -- 24 SENATOR SAVINO: Would you be 25 willing to lead the call for an override of

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(518) 371-8910 1 the Governor's veto? 2 SENATOR SPANO: When the Governor 3 vetoed this bill, there were a number of 4 issues that he had an issue with. Language 5 about increasing staff, that we amended the 6 bill and eliminated that language. Language 7 that he was concerned about possibly putting 8 federal money in jeopardy. And we put 9 notwithstanding language in there to make sure 10 we comply with JCAH standards in the federal 11 government. 12 So I really hope that the Governor 13 will sign this bill this year. But if the 14 Governor decides to veto this bill, certainly 15 we have not been shy in our ability to stand 16 up for whether it be the taxpayers of the 17 state or to stand up for the working men and 18 women of this state. And certainly I would 19 not be shy about overriding the Governor's 20 veto. 21 But I think that we are hopeful 22 that by amending the bill in the way, the 23 fashion that we did, having the great support 24 of every public employee organization across 25 the state being in such support of this bill,

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(518) 371-8910 1 that that will be unnecessary. 2 SENATOR SAVINO: Thank you. 3 Mr. President, on the bill. 4 ACTING PRESIDENT MORAHAN: Thank 5 you, Senator Spano. 6 Senator Savino, on the bill. 7 SENATOR SAVINO: Thank you. 8 I'm going to take you at your word, 9 Senator Spano. And in the event, the 10 unfortunate event that the Governor does again 11 veto this critically important piece of 12 legislation, I will be looking to you to lead 13 the call for the override. 14 And I would just like to say that 15 this legislation actually could make a real 16 difference in the lives of working people 17 across New York State. As it's been 18 indicated, it has the support of every 19 public-sector labor union in the state and 20 every employee in the state of New York. 21 I plan to vote for this bill. I 22 hope that everybody in the chamber votes for 23 this bill. And I hope that everybody will 24 urge the Governor to sign the bill this year. 25 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Thank 2 you, Senator Savino. You will be recorded in 3 the affirmative. 4 The debate is closed. 5 Ring the bells, please. 6 The Secretary will read the last 7 section. 8 THE SECRETARY: Section 5. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT MORAHAN: The 11 Secretary will call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: The 14 Secretary will announce the results. 15 THE SECRETARY: In relation to 16 Calendar Number 757, those Senators absent 17 from voting: Senators Diaz, Dilan, Flanagan 18 and Gonzalez. 19 Ayes, 53. Nays, 0. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 Senator Skelos, that completes the 23 controversial reading of the calendar. 24 SENATOR SKELOS: Mr. President, 25 is there any further business at the desk?

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: There 2 is no other business at the desk, Senator. 3 SENATOR SKELOS: Would you please 4 recognize Senator Serrano. 5 ACTING PRESIDENT MORAHAN: 6 Senator Serrano. 7 SENATOR SERRANO: Thank you very 8 much, Mr. President. 9 I want to thank Senator Bruno, 10 Senator Paterson, and my colleagues on both 11 sides of the aisle for providing unanimous 12 consent for me to speak today on a very 13 important issue. 14 As we all know, I have tremendous 15 respect for this institution. I love being a 16 Senator. I respect the institution, and I 17 respect the concerns and the views of my 18 colleagues on both sides of the aisle. 19 And it's in that vein that I am 20 somewhat disappointed that I was not able to 21 speak on this issue yesterday when it was the 22 Day of the Immigrant, the Day Without 23 Immigrants. It was a very important day, not 24 only across this state but across this nation, 25 as we paused, many in protest, to shed light

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(518) 371-8910 1 on a very important problem. 2 I believe firmly that the federal 3 government is doing a very poor job in regards 4 to immigrants. I have said on this floor many 5 a time that I firmly believe that immigrants 6 are the foundation of this society, they are 7 the fabric of this nation, they have built 8 this nation. And I believe that we should do 9 better than some of the onerous proposals that 10 we see coming before Congress now, which would 11 make it a felony for an immigrant who doesn't 12 have proper paperwork. 13 And I ask my colleagues, as we 14 reflect on the protests of yesterday, if we 15 keep in mind that the regulations and the 16 rules that are in place now are not conducive 17 to immigration, are not conducive to allowing 18 immigrants, Americans who want to be here, to 19 gain their citizenship in a timely manner, to 20 gain the American dream, to be part of the 21 engine of this economy in a way that is 22 meaningful for generations to come. 23 So in that vein I ask my colleagues 24 to pause and reflect upon what yesterday 25 meant, and that every day be a day for

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(518) 371-8910 1 reflection on the plight and many of the ways 2 that the cards are stacked against immigrants 3 in this nation, and that we do better to make 4 this truly a place where our huddled masses 5 can come to find the American dream, to raise 6 their children, and to seek a better life. 7 And once again, I thank my 8 colleagues for giving me this opportunity. 9 ACTING PRESIDENT MORAHAN: Thank 10 you, Senator Serrano. 11 Senator Skelos, there is no other 12 business at the desk. 13 SENATOR SKELOS: Mr. President, 14 there being no further business, I move we 15 stand adjourned until Wednesday, May 3rd, at 16 11:00 a.m. 17 ACTING PRESIDENT MORAHAN: On 18 motion, the Senate stands adjourned until 19 Wednesday, May 3rd, 11:00 a.m. 20 (Whereupon, at 4:26 p.m., the 21 Senate adjourned.) 22 23 24 25

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(518) 371-8910