Wednesday, May 17, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 17, 2006 11 11:03 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 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, please, in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 16, the Senate met pursuant to 18 adjournment. The Journal of Monday, May 15, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT ROBACH: 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 Golden. 8 SENATOR GOLDEN: I have a motion 9 to amend a bill recalled from the Assembly, 10 Mr. President. I wish to call up Print Number 11 6872A, recalled from the Assembly, which is 12 now at the desk. 13 ACTING PRESIDENT ROBACH: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 504, by Senator Skelos, Senate Print 6872A, an 17 act to amend the Public Health Law. 18 SENATOR GOLDEN: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT ROBACH: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 38. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Golden. 2 SENATOR GOLDEN: Mr. President, I 3 now offer the following amendments. 4 ACTING PRESIDENT ROBACH: The 5 amendments are received. 6 Senator Golden. 7 SENATOR GOLDEN: A motion to 8 amend a bill on the calendar on third reading, 9 Mr. President. 10 On page 54, on behalf of Senator 11 Balboni, I offer the following amendments to 12 Calendar Number 863, Senate Print Number 7358, 13 and ask that the said bill retain its place on 14 the Third Reading Calendar. 15 ACTING PRESIDENT ROBACH: The 16 amendments are received. The bill will retain 17 its place on the Third Reading Calendar. 18 SENATOR GOLDEN: Mr. President, 19 on page number 33, on behalf of Senator 20 Morahan, I offer the following amendments to 21 Calendar Number 443, Senate Print Number 22 6909B, and ask that the said bill retain its 23 place on the Third Reading Calendar. 24 ACTING PRESIDENT ROBACH: The 25 amendments are received. The bill will retain

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(518) 371-8910 1 its place on Third Reading Calendar. 2 SENATOR GOLDEN: Thank you, 3 Mr. President. 4 ACTING PRESIDENT ROBACH: Senator 5 Nozzolio. 6 SENATOR NOZZOLIO: Thank you, 7 Mr. President. 8 On page 42, on behalf of Senator 9 Libous, I offer the following amendments to 10 Calendar Number 684, Print Number 1818, and 11 ask that said bill retain its place on Third 12 Reading Calendar. 13 ACTING PRESIDENT ROBACH: The 14 amendments are received. The bill will retain 15 its place on Third Reading Calendar. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, I 18 believe there are substitutions at the desk, 19 if you could make them at this time. 20 ACTING PRESIDENT ROBACH: The 21 Secretary will read. 22 THE SECRETARY: On page 30, 23 Senator Fuschillo moves to discharge, from the 24 Committee on Consumer Protection, Assembly 25 Bill Number 8025C, and substitute it for the

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(518) 371-8910 1 identical Senate Bill Number 5370C, Third 2 Reading Calendar 374. 3 On page 30, Senator Fuschillo moves 4 to discharge, from the Committee on Consumer 5 Protection, Assembly Bill Number 7349D and 6 substitute it for the identical Senate Bill 7 Number 6805B, Third Reading Calendar 377. 8 On page 34, Senator Bonacic moves 9 to discharge, from the Committee on Education, 10 Assembly Bill Number 9298 and substitute it 11 for the identical Senate Bill Number 6684, 12 Third Reading Calendar 485. 13 On page 49, Senator Spano moves to 14 discharge, from the Committee on 15 Transportation, Assembly Bill Number 290B and 16 substitute it for the identical Senate Bill 17 Number 3692B, Third Reading Calendar 807. 18 And on page 61, Senator Fuschillo 19 moves to discharge, from the Committee on 20 Local Government, Assembly Bill Number 4485C 21 and substitute it for the identical Senate 22 Bill Number 1430C, Third Reading Calendar 966. 23 ACTING PRESIDENT ROBACH: 24 Substitutions ordered. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, I 2 have a resolution at the desk. If we could 3 have the title read and move for its immediate 4 adoption. 5 ACTING PRESIDENT ROBACH: The 6 Secretary will read. 7 THE SECRETARY: By Senator 8 Skelos, Legislative Resolution Number 5326, 9 honoring Grace and Ed Levie upon the occasion 10 of their designation as the Guests of Honor at 11 the Temple Israel of Long Beach Sisterhood's 12 Annual Spring Torah Luncheon on May 21, 2006. 13 ACTING PRESIDENT ROBACH: All 14 those in favor of the resolution say aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT ROBACH: Any 17 opposed, nay. 18 (No response.) 19 ACTING PRESIDENT ROBACH: The 20 resolution is adopted. 21 SENATOR SKELOS: Mr. President, 22 there's a resolution at the desk by Senator 23 Saland. If we could have the title read and 24 move for its immediate adoption. 25 ACTING PRESIDENT ROBACH: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Saland, Legislative Resolution Number 5343, 4 congratulating Lana Noone upon the occasion of 5 her designation for special recognition by the 6 Hudson Valley Coalition to Promote Tolerance 7 on May 21, 2006. 8 ACTING PRESIDENT ROBACH: On the 9 resolution, all those in favor signify by 10 saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT ROBACH: Any 13 opposed, nay. 14 (No response.) 15 ACTING PRESIDENT ROBACH: The 16 resolution is adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could go to the noncontroversial reading 20 of the calendar. 21 ACTING PRESIDENT ROBACH: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 71, by Senator Morahan, Senate Print 6333A, an 25 act to amend the Penal Law.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 44. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 319, by Senator Spano, Senate Print 2899, an 14 act to amend the Penal Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 44. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 372, by Senator Little, Senate Print 2306, an 3 act to amend the General Business Law. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 120th day. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 44. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 374, substituted earlier today by Member of 16 the Assembly Brodsky, Assembly Print Number 17 8025C, an act to amend the General Business 18 Law. 19 ACTING PRESIDENT ROBACH: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT ROBACH: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 46. 2 ACTING PRESIDENT ROBACH: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 375, by Senator Fuschillo, Senate Print 6723, 6 an act to amend the General Business Law. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 46. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 377, substituted earlier today by Member of 19 the Assembly Pheffer, Assembly Print Number 20 7349D, an act to amend the General Business 21 Law. 22 ACTING PRESIDENT ROBACH: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT ROBACH: Senator 6 Fuschillo, to explain his vote. 7 SENATOR FUSCHILLO: Thank you, 8 Mr. President. 9 Today we take a giant step forward 10 in protecting the identity of individuals from 11 a $50 billion criminal enterprise in this 12 country called identity theft. 13 I want to thank my colleagues on 14 both sides of the aisle for their support 15 during the two joint hearings; Assemblywoman 16 Audrey Pheffer. 17 And we're joined today by a young 18 lady from my district named Denise Curro, and 19 her mother, whose story is unbelievable when 20 it comes to identity theft. 21 In 1998, at the age of 17, she was 22 traveling back from Florida, and her wallet 23 was stolen in North Carolina. It contained 24 her driver's license, her college ID, her 25 Social Security number, and other personal

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(518) 371-8910 1 information. 2 Since that time, the woman that 3 stole her identity, that assumed her life, 4 assumed her name, assumed her identity, got 5 married under her name in North Carolina. 6 This young lady, who's 25 years old, is a 31-, 7 32-year-old minority woman who's married. She 8 can't buy a car, she can't even get a 9 cellphone. Everything she has to do she has 10 to cosign with her mother or put it into her 11 mother's name. On her credit report, it says 12 eight different variations of her name, two 13 different dates of birth, a spouse, 15 14 different addresses, and she's worked all over 15 the place -- which she hasn't. 16 Most recently, the media has really 17 taken up Denise Curro's story about how she's 18 been a victim of identity theft. And she was 19 on "Montel Williams," and there was a surprise 20 there. She met her husband -- who's really 21 not her husband -- who in 1999 married this 22 woman in North Carolina who took her name. He 23 was in the military. Ironically, he now works 24 for Homeland Security. This poor guy was 25 arrested a few times because somebody

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(518) 371-8910 1 impersonated him. She stole his identity. 2 And it goes on and on and on. But 3 this is a horror story, the worst of the 4 cases. 5 So the measure you just passed will 6 give consumers the option throughout New York 7 State to freeze their credit accounts and help 8 Denise Curro to prevent future identity theft. 9 I'll be voting in the affirmative. 10 Thank you. 11 ACTING PRESIDENT ROBACH: Thank 12 you, Senator Fuschillo. 13 Senator Rath, to explain your vote. 14 SENATOR RATH: Mr. President, 15 Senator Volker is going to proceed; then I 16 will join him. 17 ACTING PRESIDENT ROBACH: Senator 18 Volker, to explain your vote. 19 SENATOR VOLKER: Mr. President, I 20 just want to say, first of all -- and commend 21 Senator Fuschillo for this bill -- identity 22 theft is a huge problem. And what he 23 described is one of the horrors of what has 24 been going on in this state and this country. 25 However, there's one provision in

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(518) 371-8910 1 this bill that has created a major problem for 2 Senator Rath and I in Western New York, and it 3 relates primarily to a company called GEICO in 4 Western New York that is a very substantial 5 employer. 6 And there's a provision in this 7 bill which, as far as we know, we are the only 8 states other than New Jersey, under this bill, 9 that has extended a credit freeze legislation 10 to the insurance industry. 11 The problem is that, according to 12 GEICO and several other insurance operations, 13 that the result of this will be that it 14 creates a major problem for them in dealing 15 with their insureds. And while the marketers 16 say that they agree with identity theft 17 provisions, on this one the credit freeze will 18 create an enormous problem for some of the 19 people like GEICO that do a great deal of 20 marketing over the phone and in various ways. 21 So unfortunately, I have to vote 22 against this bill, as -- Senator Rath and I 23 have to vote against it, because we think it 24 should be amended to adjust that so that the 25 marketers such as GEICO, the insurance people

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(518) 371-8910 1 such as GEICO can operate on a better basis 2 and yet be able to protect the identity of 3 their people, as is intended by the 4 legislation. 5 I commend Senator Fuschillo for the 6 great body of this legislation, but I request 7 that this piece of this bill be amended so 8 that it doesn't create a problem for some of 9 the direct-market insurers such as GEICO. 10 I vote no. 11 ACTING PRESIDENT ROBACH: Senator 12 Volker will be recorded in the negative. 13 Senator Rath. 14 SENATOR RATH: Mr. President, I 15 too feel much as Senator Volker does, that the 16 main body of the work that Senator Fuschillo 17 has worked on so diligently for such a long 18 time is critical and should be there. This 19 one provision, however, is one of those 20 unintended consequences for what is 21 intentionally a very good piece of 22 legislation. 23 The GEICO industry that is located 24 in Western New York has put to work hundreds 25 and hundreds of hard working Western

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(518) 371-8910 1 New Yorkers who have frankly been looking for 2 good-paying jobs so they could stay in Western 3 New York, which is their home. And GEICO 4 intends to expand beyond where they are now, 5 because they have found a workforce that is 6 intelligent, well-educated, hardworking, all 7 of the diligent things that we understand 8 about Western New York. 9 They are available 365 days a year, 10 24 hours a day. They do not sell through 11 agents, of course, they sell through the 12 Internet and via telephone. And this 13 unintended consequence of freezing credit for 14 folks that call in is a serious problem for 15 them. 16 And I too, like Senator Volker, 17 believe there should be an exception in this 18 legislation or there should be some sort of 19 provision made for this sort of marketing in 20 New York State. 21 Because take a look at identity 22 theft. If someone steals your identity and 23 has your credit card, are they going to call 24 up and try and buy car insurance over the 25 telephone? I think not. I think they'll head

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(518) 371-8910 1 to Best Buy and they'll buy a flat-screen TV 2 or they'll head to Lord & Taylor's or wherever 3 and use your credit card. I do not think they 4 will call up to try to buy car insurance over 5 the Internet with someone else's identity, 6 because they would be afraid, number one, they 7 would get caught. 8 And so I'm voting no on this bill. 9 I hope that others will be influenced to vote 10 no so that we can see that another piece of a 11 provision can be inserted so that it will not 12 harm the really good companies in Western 13 New York State such as GEICO. 14 Thank you. 15 ACTING PRESIDENT ROBACH: Senator 16 Rath will be recorded in the negative. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Thank you, 19 Mr. President. 20 It's a pleasure to rise in support 21 of my colleague Senator Fuschillo's bill. I 22 think this bill is much needed. The story of 23 this young woman whose life has been literally 24 turned up on end is one that we should all 25 take to heart, because it could happen to each

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(518) 371-8910 1 and every one of us. 2 I have, and I'm sure many of you 3 have had our constituents call and ask for our 4 assistance on this particular issue. And it's 5 very, very difficult to resolve their 6 problems. 7 So with the rise of the Internet 8 and the expansion of its use, the ease of 9 stealing someone's identity is there, we need 10 to take whatever measures we can and whatever 11 steps we can. 12 And again, I thank Senator 13 Fuschillo for taking the lead on this 14 important bill, and I vote aye. 15 ACTING PRESIDENT ROBACH: Senator 16 Marcellino will be recorded in the 17 affirmative. 18 Senator Saland. 19 SENATOR SALAND: Thank you, 20 Mr. President. 21 I too rise to commend Senator 22 Fuschillo for bringing this bill out before 23 the house, for forging the agreement with the 24 other house. I had the opportunity, during 25 the development of this legislation, to work

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(518) 371-8910 1 closely with him, but really he is the 2 chairman of the committee, is responsible for 3 making all this happen today. 4 And the story told by his 5 constituent Denise Curro certainly is one 6 which has to not only strike at your 7 heartstrings but at the same time appall all 8 of us that somebody can have their identity 9 stolen, find themselves married to some 10 unknown individual, and live through the very 11 hell that she's had to endure now for some 12 eight years. 13 Hopefully this legislation will 14 prevent others from being victimized. This is 15 a means by which people -- men, women, anybody 16 who has concerns about a threat to their 17 credit -- will have the ability basically to 18 put up a firewall to prevent that 19 victimization. And hopefully the technology 20 that will be developed will make this a very, 21 very speedy process within the course of the 22 next two to three years. 23 But it's a major win for all of the 24 people of the State of New York and certainly 25 anybody who has any reason to have any concern

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(518) 371-8910 1 about whether their credit has been 2 threatened. 3 Thank you. I will vote in the 4 affirmative, Mr. President. 5 ACTING PRESIDENT ROBACH: Thank 6 you Senator Saland. You will be recorded in 7 the affirmative. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Mr. President. I ask permission to explain my 11 vote. 12 Mr. President, I rise in support of 13 this measure and compliment Senator Fuschillo 14 for helping this body continue its efforts to 15 have our laws keep pace with technology. 16 This is another in a series of 17 legislation enacted by this house that has 18 been the result or the culmination of the 19 privacy invasion task force established by 20 Senator Bruno a few years ago. 21 This house led the way in creating 22 the crime of identity theft and ensuring that 23 our prosecutors had tools in New York State to 24 prosecute and lock up those who were 25 perpetrating this crime.

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(518) 371-8910 1 Unfortunately, identity theft is 2 the fastest-growing crime in America still. 3 And that our laws must continue to keep pace 4 with the rapid changes in technology. The 5 technological advances continue to be pursued 6 aggressively by the most clever of criminals. 7 And in order for us to protect our consumers, 8 we need to enact legislation like this as well 9 as additional legislation focusing on issues, 10 as Senator Farley has in the past, with 11 protecting our Social Security numbers, as 12 others in this house have forged ways to 13 protect consumers. Senator Fuschillo again 14 takes this protection to another level. 15 I also want to thank, 16 parenthetically, the victims who were involved 17 today in helping this particular legislation, 18 as well as a former victim from Auburn, 19 New York, Cynthia Watkins, that kindergarten 20 teacher who helped put a face of identity 21 theft a number of years ago, the first -- a 22 kindergarten teacher who was victimized in a 23 heinous way that took literally years to 24 unravel a crime that she was certainly an 25 innocent victim of. She helped us establish

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(518) 371-8910 1 the crime of identity theft in New York in the 2 first place. And again, to Cynthia Watkins, I 3 wish to thank you. 4 Senator Fuschillo, my colleagues, 5 thank you for this legislation. It's a great 6 step in the right direction to keep our laws 7 in pace with technology and to prevent crime 8 victims from happening in the first place. 9 Thank you, Mr. President. 10 ACTING PRESIDENT ROBACH: Senator 11 Nozzolio will be recorded in the affirmative. 12 Senator Farley. 13 SENATOR FARLEY: Thank you very 14 much, Mr. President. 15 I do rise in support of this. You 16 know, this won't solve every problem, but it's 17 certainly a major step forward for this 18 Legislature to address a problem. 19 It was interesting, at Senator 20 Bruno's press conference, he asked how many 21 have had problems with people taking their 22 credit cards or fraudulent taking of their 23 credit cards. The whole -- the preponderance 24 of the room raised their hands. 25 I have also had my credit card

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(518) 371-8910 1 numbers taken by a gas station, and every day 2 for a month they took $40 out of my credit 3 card. I had the credit card in my pocket, but 4 they were still using it. 5 And I want to just congratulate 6 this house, because we were the first in the 7 nation to stop using Social Security numbers 8 as ID numbers. I saw that at the university, 9 where they plastered these Social Security 10 numbers all over the schools. State after 11 state after state has now followed our lead in 12 that area. 13 This is a problem that really 14 affects all of your voters and consumers. And 15 this is a major step forward -- not one that's 16 going to solve everything. But, Senator 17 Fuschillo, I salute you for doing this and 18 it's something whose time has come. 19 Thank you, Mr. President. I vote 20 aye. 21 ACTING PRESIDENT ROBACH: Senator 22 Farley will be recorded in the affirmative. 23 Senator Klein, to explain his vote. 24 SENATOR KLEIN: Thank you, 25 Mr. President.

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(518) 371-8910 1 I too would like to praise my 2 colleague Senator Fuschillo for working so 3 hard on this important piece of legislation. 4 I think security freezes is a 5 natural extension of some of the work we've 6 already done in the Legislature. 7 When I was in the Assembly, I did 8 an investigation which showed that state 9 computers were hacked into 72 times over a 10 four-year period. And when I looked at the 11 private sector, at the time there was not one 12 private company that had their own policy to 13 make sure to notify individuals if they were 14 the victim of identity theft. 15 That led to the passage of 16 legislation which Senator Fuschillo sponsored, 17 which I sponsored at the time in the State 18 Assembly, which notified individuals when they 19 were the victim of identity theft. 20 I think the security freeze 21 legislation is a natural extension. If we 22 notify people that are the victim of identity 23 theft, in turn, if they can utilize the system 24 of a security freeze, they can protect 25 themselves against ruining their financial

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(518) 371-8910 1 assets and their financial credit. So I think 2 this is something very, very important. 3 I do, however, think we need to 4 take things one step further. I think 5 education on this issue is very, very 6 important. While the laws that we pass are 7 very, very effective, I think what we find in 8 many cases, local law enforcement and various 9 agencies don't know what to do if someone 10 comes to them and they're the victim of 11 identity theft. 12 I guarantee you, in the City of 13 New York, if you walk into your local precinct 14 and say that you're the victim of identity 15 theft, they're going to send you away. They 16 just don't know how to handle it. 17 So I think just as important as 18 passing, I think, this very, very important 19 legislation is also having a mechanism in 20 place, or more education on this issue to 21 protect all of our constituents against 22 identity theft. 23 I of course vote yes on this very 24 important legislation. 25 ACTING PRESIDENT ROBACH: Senator

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(518) 371-8910 1 Klein will be recorded in the affirmative. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: You know, 4 there's one more story that hasn't really been 5 mentioned by anyone in explaining their 6 votes -- and I'm going to vote aye -- and that 7 is the way this all began. We learned today 8 that Senator Fuschillo's constituent actually 9 stopped him on the street and said: "You've 10 got to help me." 11 And each one of us has instances 12 like that where we try to provide constituent 13 service. 14 Well, Chuck, this is the highest 15 form of constituent service -- not only 16 helping your constituents individually, but 17 preparing a bill and having a bill pass and 18 become law that helps every constituent 19 throughout the state. 20 I vote aye. 21 ACTING PRESIDENT ROBACH: Senator 22 DeFrancisco will be recorded in the 23 affirmative. 24 The Secretary will announce the 25 results.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 377, those recorded in the 3 negative: Senators Coppola, Maziarz, Rath, 4 Stachowski, and Volker. 5 Ayes, 50. Nays, 5. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 485, substituted earlier today by Member of 10 the Assembly Gunther, Assembly Print Number 11 9298, an act in relation to transportation 12 contracts. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT ROBACH: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 573, by Senator DeFrancisco, Senate Print 25 6873A, an act to amend the Penal Law.

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(518) 371-8910 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 55. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 643, by Senator Marcellino, Senate Print 661, 14 an act to amend the Criminal Procedure Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the 30th day. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 781, by Senator Little, Senate Print 2847B, an 2 act to amend the Real Property Tax Law. 3 ACTING PRESIDENT ROBACH: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect immediately. 7 ACTING PRESIDENT ROBACH: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 784, by Senator Little, Senate Print 5327, an 15 act to amend the Local Finance Law. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 807, substituted earlier today by Member of 3 the Assembly Christensen, Assembly Print 4 Number 290B, an act to amend the Vehicle and 5 Traffic Law. 6 ACTING PRESIDENT ROBACH: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT ROBACH: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 ACTING PRESIDENT ROBACH: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 966, substituted earlier today by Member of 18 the Assembly Hooper, Assembly Print Number 19 4485C, an act to authorize the French Speaking 20 Baptist Church. 21 ACTING PRESIDENT ROBACH: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT ROBACH: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 969, by Senator Flanagan, Senate Print 4894, 8 an act to authorize the First Church of 9 Christ, Scientist. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT ROBACH: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1036, by Senator Marcellino, Senate Print 670, 22 an act to amend the Penal Law. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of January. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 55. 6 ACTING PRESIDENT ROBACH: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1046, by Senator Flanagan, Senate Print 7150, 10 an act to amend the Penal Law. 11 ACTING PRESIDENT ROBACH: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT ROBACH: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT ROBACH: Senator 20 Flanagan, to explain your vote. 21 SENATOR FLANAGAN: Thank you, 22 Mr. President. 23 Just very briefly, following up 24 listening to my colleague Senator Fuschillo, a 25 lot of times we hear stories and legislation

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(518) 371-8910 1 comes out from things that happen to us either 2 personally or to our constituents. 3 I have a young gentleman that's 4 worked in my office as an intern who came up 5 with the idea for this legislation as a result 6 of something that happened to a family member 7 of his. And it's a very positive step 8 forward. 9 But Jordan Henner is someone who 10 worked very diligently on this, it's a good 11 change in the law, and I hope we can get a 12 chapter this year. 13 Thank you. 14 ACTING PRESIDENT ROBACH: Senator 15 Flanagan will be recorded in the affirmative. 16 Senator Duane, to explain your 17 vote. 18 SENATOR DUANE: Thank you, 19 Mr. President. 20 I'll be voting for this bill, and 21 it is a very, very good bill. But I would be 22 remiss if I didn't point out that any child 23 who has been victimized by assault clearly 24 would need counseling and mental health 25 services. But if that victim's family was

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(518) 371-8910 1 unable to afford counseling, that would be a 2 terrible tragedy. 3 But if we pass Timothy's Law in 4 this body, Mr. President, then every family in 5 New York State would have the ability to 6 provide counseling and services for every 7 member of the family that needed it. 8 So while I'm pleased this bill is 9 passing our house today, I am certain that 10 accompanying this at some point in the very 11 near future we should have Timothy's Law on 12 the floor so that we can provide mental health 13 services to families throughout our state. 14 Thank you, Mr. President. 15 ACTING PRESIDENT ROBACH: Senator 16 Duane will be recorded in the affirmative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: Ayes, 55. Nays, 20 1. Senator Montgomery recorded in the 21 negative. 22 ACTING PRESIDENT ROBACH: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1054, by Senator Trunzo, Senate Print 849, an

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(518) 371-8910 1 act to amend the Vehicle and Traffic Law. 2 ACTING PRESIDENT ROBACH: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT ROBACH: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 56. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1055, by Senator Rath, Senate Print 1518A, an 14 act to amend the Vehicle and Traffic Law and 15 the Penal Law. 16 ACTING PRESIDENT ROBACH: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1055 are

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(518) 371-8910 1 Senators Duane and Sabini. 2 Ayes, 54. Nays, 2. 3 ACTING PRESIDENT ROBACH: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1057, by Senator Saland, Senate Print 2501B, 7 an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT ROBACH: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT ROBACH: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT ROBACH: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1062, by Senator Larkin, Senate Print 6320A, 20 an act to amend the Highway Law. 21 ACTING PRESIDENT ROBACH: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 30th day. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT ROBACH: Senator 4 Larkin, to explain your vote. 5 SENATOR LARKIN: Mr. President, 6 this is a significant piece of legislation, 7 because we're referring to a unit that fought 8 in World War II in Europe, was one of the most 9 decorated divisions: the 86th, the Blackhawk. 10 One of our former colleagues was 11 well decorated in that unit, Assemblyman Larry 12 Bennett. 13 When you look at the record of this 14 division, which started in World War I until 15 the division was deactivated in December 1946, 16 it had an outstanding record of its 17 accomplishments. In Europe, it led the charge 18 going from the assault on D-Day all the way 19 through to Berchtesgaden. 20 One of the things that I thought 21 was amazing when I looked, this unit captured 22 15,000 Germans. It was instrumental in the 23 recovery of a number of Americans that were in 24 prisoner-of-war camps. 25 The odd thing for a lot of the guys

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(518) 371-8910 1 in the Blackhawk, they thought they were 2 coming back to the United States, but what 3 happened was the ship went around and they 4 were on the high seas going to the Philippines 5 when the bombs were dropped in August of 1945. 6 And many of those troops are alive today, I 7 hope, because had the bomb not dropped, the 8 86th would have led the fight going into 9 Japan. 10 ACTING PRESIDENT ROBACH: Senator 11 Larkin, you will be recorded in the 12 affirmative. 13 The Secretary will announce the 14 results. 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT ROBACH: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1063, by Senator Nozzolio, Senate Print 6647, 20 an act to amend the Highway Law. 21 ACTING PRESIDENT ROBACH: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ROBACH: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT ROBACH: Senator 4 Nozzolio, to explain your vote. 5 SENATOR NOZZOLIO: Thank you, 6 Mr. President. 7 Mr. President and my colleagues, 8 this measure is a fitting tribute to 9 memorialize those veterans who served in the 10 96th Infantry Division of the United States 11 Army during World War II. 12 I rise to thank the "Greatest 13 Generation," whose sacrifice, whose commitment 14 to duty, whose answer to the call preserved 15 democracy and freedom for the world. We owe 16 so much to that generation. And I wish to in 17 a small way, by this legislation, recognize 18 the contributions of a very significant 19 contributor to the success of our nation. 20 The 96th Infantry Division of the 21 United States Army brought to my attention 22 their sacrifices, by Ted Fafinski, the 23 chairman of the Ontario County Legislature and 24 also the supervisor from the Town of 25 Farmington. That's the area where the highway

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(518) 371-8910 1 will be designated as a lasting memorial to 2 the service of the 96th Division. 3 I praise the Town of Farmington, 4 Supervisor Fafinski, and the town board for 5 their steadfast support of this legislation, 6 and thank my colleagues for joining in, making 7 this a fitting tribute to recognize those 8 sacrifices. 9 Thank you, Mr. President. 10 ACTING PRESIDENT ROBACH: Senator 11 Nozzolio will be recorded in the affirmative. 12 The Secretary will announce the 13 results. 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1064, by Senator Wright, Senate Print 6714, an 19 act to amend the Highway Law. 20 ACTING PRESIDENT ROBACH: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ROBACH: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT ROBACH: Senator 3 Wright, to explain his vote. 4 SENATOR WRIGHT: Thank you, 5 Mr. President. 6 I join with my two colleagues who 7 have presented the recognition of two World 8 War II divisions and their service. The Tenth 9 Mountain that we're recognizing today also 10 served in World War II, as part of the 11 liberation of Italy. 12 But the Tenth Mountain was 13 reactivated and currently has been the most 14 deployed division in the United States Army. 15 New York State is now home to the Tenth 16 Mountain Division, based at Fort Drum in 17 Northern New York. 18 This division, having been the most 19 deployed, has been to all of the 20 headline-makers in the world in the past 21 decade: Somalia, Haiti, Bosnia, Kosovo, and 22 currently Afghanistan and Iraq. 23 The members of this division have 24 made the ultimate sacrifice on behalf of the 25 American country, and we have currently lost

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(518) 371-8910 1 62 lives in Iraq and Afghanistan. 2 So it is fitting that we 3 memorialize the main interstate through the 4 North Country, through Jefferson County, so 5 that literally as these brave men and women 6 return to Fort Drum, they will be acknowledged 7 and recognized forevermore as we memorialize 8 their achievements, their accomplishments, and 9 their sacrifices on behalf of this nation and 10 this state. 11 Thank you very much, Mr. President. 12 ACTING PRESIDENT ROBACH: Thank 13 you, Senator Wright. You will be recorded in 14 the affirmative. 15 Senator Stavisky, to explain her 16 vote. 17 SENATOR STAVISKY: Yes, 18 Mr. President. I want to thank Senator 19 Wright. 20 A member of my staff, Vincent 21 LeVien's brother is a major in that division, 22 serving in Iraq as we speak. 23 And I think when they come home -- 24 and I certainly hope they do come home 25 safely -- I think it's fitting that they see

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(518) 371-8910 1 that highway marker to understand that we do 2 appreciate the sacrifices that they have made 3 and unfortunately will continue to make. 4 Thank you very much. 5 ACTING PRESIDENT ROBACH: Senator 6 Stavisky will be recorded in the affirmative. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT ROBACH: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1089, by Senator Morahan, Senate Print 1503, 14 an act to amend the Election Law. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 8. This 18 act shall take effect on the first of 19 December. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed.

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(518) 371-8910 1 Senator Skelos, that completes the 2 noncontroversial reading of the calendar. 3 SENATOR SKELOS: Mr. President, 4 is there any further business at the desk? 5 ACTING PRESIDENT ROBACH: Yes, we 6 have a motion. 7 Senator Nozzolio. 8 SENATOR NOZZOLIO: Mr. President, 9 on behalf of Senator Alesi, on page number 47 10 I offer the following amendments to Calendar 11 Number 760, Senate Print Number 7001A, and ask 12 that said bill retain its place on Third 13 Reading Calendar. 14 ACTING PRESIDENT ROBACH: The 15 amendments are received, and the bill will 16 retain its place on the Third Reading 17 Calendar. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 there being no further business to come before 21 the Senate, I move we stand adjourned until 22 Monday, May 22nd, at 3:00 p.m., intervening 23 days being legislative days. 24 ACTING PRESIDENT ROBACH: There 25 being no further business, on motion, the

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(518) 371-8910 1 Senate stands adjourned until Monday, 2 May 22nd, at 3:00 p.m., intervening days being 3 legislative days. 4 (Whereupon, at 11:44 a.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910