Wednesday, June 14, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 14, 2006 11 11:08 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 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 Tuesday, June 13, the Senate met pursuant to 18 adjournment. The Journal of Monday, June 12, 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 Motions and resolutions. 5 Senator Farley. 6 SENATOR FARLEY: Thank you, Madam 7 President. How are you this morning? 8 THE PRESIDENT: Very well, 9 Senator. How are you doing this morning? 10 SENATOR FARLEY: Very good. 11 I wish to call up Senator Volker's 12 bill -- who was locked in an elevator for 13 40 minutes this morning -- Senate Print 6277A, 14 which was recalled from the Assembly and it's 15 now at the desk. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Calendar Number 19 18, by Senator Volker, Senate Print 6277A, an 20 act to amend the Penal Law and others. 21 SENATOR FARLEY: Madam President, 22 I now move to reconsider the vote by which 23 this bill passed. 24 THE PRESIDENT: The Secretary 25 will call the roll upon reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 38. 3 SENATOR FARLEY: Madam President, 4 I now offer the following amendments. 5 THE PRESIDENT: The amendments 6 are received. 7 SENATOR FARLEY: Madam President, 8 on behalf of Senator Flanagan, I wish to call 9 up his bill, Print Number 5109C, which was 10 recalled from the Assembly and it's now at the 11 desk. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 992, by Senator Flanagan, Senate Print 5109C, 16 an act to amend the Parks, Recreation and 17 Historic Preservation Law. 18 SENATOR FARLEY: Madam President, 19 I now move to reconsider the vote by which 20 this bill was passed. 21 THE PRESIDENT: The Secretary 22 will call the roll upon reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 38. 25 SENATOR FARLEY: Madam President,

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(518) 371-8910 1 I now offer the following amendments. 2 THE PRESIDENT: The amendments 3 are received. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Madam 6 President, are there any substitutions at the 7 desk? 8 THE PRESIDENT: Yes, there are, 9 Senator. 10 The Secretary will read. 11 THE SECRETARY: On page 16, 12 Senator Balboni moves to discharge, from the 13 Committee on Rules, Assembly Bill Number 2808A 14 and substitute it for the identical Senate 15 Bill Number 184A, Third Reading Calendar 464. 16 On page 18, Senator Maziarz moves 17 to discharge, from the Committee on Health, 18 Assembly Bill Number 9989 and substitute it 19 for the identical Senate Bill Number 6724, 20 Third Reading Calendar 523. 21 On page 19, Senator Maltese moves 22 to discharge, from the Committee on Local 23 Government, Assembly Bill Number 10224 and 24 substitute it for the identical Senate Bill 25 Number 6901, Third Reading Calendar 576.

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(518) 371-8910 1 On page 24, Senator Balboni moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 9856A and substitute it 4 for the identical Senate Bill Number 6781A, 5 Third Reading Calendar 676. 6 On page 27, Senator Maziarz moves 7 to discharge, from the Committee on Social 8 Services, Children and Families, Assembly Bill 9 Number 10203 and substitute it for the 10 identical Senate Bill Number 6285A, Third 11 Reading Calendar 732. 12 On page 27, Senator Winner moves to 13 discharge, from the Committee on Health, 14 Assembly Bill Number 9956 and substitute it 15 for the identical Senate Bill Number 6976, 16 Third Reading Calendar 742. 17 On page 44, Senator Maziarz moves 18 to discharge, from the Committee on Social 19 Services, Children and Families, Assembly Bill 20 Number 10022 and substitute it for the 21 identical Senate Bill Number 6942, Third 22 Reading Calendar 1100. 23 On page 56, Senator Volker moves to 24 discharge, from the Committee on Insurance, 25 Assembly Bill Number 1973C and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 4312B, 2 Third Reading Calendar 1318. 3 On page 57, Senator Meier moves to 4 discharge, from the Committee on Judiciary, 5 Assembly Bill Number 8655A and substitute it 6 for the identical Senate Bill Number 7888, 7 Third Reading Calendar 1333. 8 On page 64, Senator Spano moves to 9 discharge, from the Committee on 10 Transportation, Assembly Bill Number 9464 and 11 substitute it for the identical Senate Bill 12 Number 6407, Third Reading Calendar 1428. 13 On page 70, Senator Meier moves to 14 discharge, from the Committee on Rules, 15 Assembly Bill Number 9058 and substitute it 16 for the identical Senate Bill Number 6220, 17 Third Reading Calendar 1515. 18 On page 71, Senator Balboni moves 19 to discharge, from the Committee on Local 20 Government, Assembly Bill Number 10479 and 21 substitute it for the identical Senate Bill 22 Number 7624, Third Reading Calendar 1538. 23 On page 71, Senator Balboni moves 24 to discharge, from the Committee on Local 25 Government, Assembly Bill Number 10481A and

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(518) 371-8910 1 substitute it for the identical Senate Bill 2 Number 7625A, Third Reading Calendar 1539. 3 On page 71, Senator Little moves to 4 discharge, from the Committee on Local 5 Government, Assembly Bill Number 10480 and 6 substitute it for the identical Senate Bill 7 Number 7697, Third Reading Calendar 1540. 8 On page 75, Senator Stachowski 9 moves to discharge, from the Committee on 10 Local Government, Assembly Bill Number 8854A 11 and substitute it for the identical Senate 12 Bill Number 5759A, Third Reading Calendar 13 1629. 14 On page 76, Senator Johnson moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 10849 and substitute it 17 for the identical Senate Bill Number 7284, 18 Third Reading Calendar 1638. 19 On page 76, Senator Johnson moves 20 to discharge, from the Committee on Rules, 21 Assembly Bill Number 10743A and substitute it 22 for the identical Senate Bill Number 7334A, 23 Third Reading Calendar 1642. 24 On page 77, Senator Morahan moves 25 to discharge, from the Committee on Local

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(518) 371-8910 1 Government, Assembly Bill Number 10766 and 2 substitute it for the identical Senate Bill 3 Number 7663, Third Reading Calendar 1647. 4 On page 77, Senator LaValle moves 5 to discharge, from the Committee on Local 6 Government, Assembly Bill Number 10982 and 7 substitute it for the identical Senate Bill 8 Number 7876, Third Reading Calendar 1649. 9 On page 77, Senator Spano moves to 10 discharge, from the Committee on Finance, 11 Assembly Bill Number 10026 and substitute it 12 for the identical Senate Bill Number 7982, 13 Third Reading Calendar 1651. 14 On page 78, Senator Golden moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 10914 and substitute it 17 for the identical Senate Bill Number 8041, 18 Third Reading Calendar 1658. 19 On page 78, Senator Maziarz moves 20 to discharge, from the Committee on Mental 21 Health and Developmental Disabilities, 22 Assembly Bill Number 2570 and substitute it 23 for the identical Senate Bill Number 207, 24 Third Reading Calendar 1664. 25 On page 79, Senator Nozzolio moves

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(518) 371-8910 1 to discharge, from the Committee on Civil 2 Service and Pensions, Assembly Bill Number 145 3 and substitute it for the identical Senate 4 Bill Number 509, Third Reading Calendar 1667. 5 On page 80, Senator Golden moves to 6 discharge, from the Committee on Aging, 7 Assembly Bill Number 8696A and substitute it 8 for the identical Senate Bill Number 5813A, 9 Third Reading Calendar 1680. 10 On page 80, Senator Balboni moves 11 to discharge, from the Committee on Rules, 12 Assembly Bill Number 9723A and substitute it 13 for the identical Senate Bill Number 6402A, 14 Third Reading Calendar 1682. 15 On page 80, Senator Morahan moves 16 to discharge, from the Committee on Rules, 17 Assembly Bill Number 9757A and substitute it 18 for the identical Senate Bill Number 6597A, 19 Third Reading Calendar 1684. 20 On page 81, Senator Oppenheimer 21 moves to discharge, from the Committee on 22 Local Government, Assembly Bill Number 9842 23 and substitute it for the identical Senate 24 Bill Number 6660, Third Reading Calendar 1686. 25 And on page 81, Senator Marchi

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(518) 371-8910 1 moves to discharge, from the Committee on 2 Transportation, Assembly Bill Number 2147A and 3 substitute it for the identical Senate Bill 4 Number 7962, Third Reading Calendar 1694. 5 THE PRESIDENT: Substitutions 6 ordered. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Madam 9 President, will you please recognize Senator 10 Meier and then Senator Valesky for motions. 11 THE PRESIDENT: Senator Meier. 12 SENATOR MEIER: Madam President, 13 in keeping with the precedent set by Senator 14 Farley, good morning. It's a great pleasure 15 to see you. 16 THE PRESIDENT: Good morning, 17 Senator. It's always a privilege to see you. 18 SENATOR MEIER: Yeah, try and 19 suck up, will you. 20 Anyway, Madam President, amendments 21 are offered to the following Third Reading 22 Calendar bills: 23 By Senator Saland, at page 32, 24 Calendar 856, Senate Print 6290A; 25 By Senator Libous, at page 51,

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(518) 371-8910 1 Calendar 1232, Senate Print 7301; 2 By Senator Libous, at page 54, 3 Calendar 1285, Senate Print 7511A; 4 By Senator Golden, at page 60, 5 Calendar 1373, Senate Print 7502; 6 By the Rules Committee, page 68, 7 Calendar 1483, Senate Print 7864; 8 By Senator LaValle, at page 73, 9 Calendar 1577, Senate Print 561A. 10 And, Madam President, I now move 11 that these bills retain their place on the 12 order of third reading. 13 THE PRESIDENT: The amendments 14 are received, and the bills will retain their 15 place on the Third Reading Calendar. 16 SENATOR MEIER: Thank you, Madam 17 President. 18 THE PRESIDENT: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Madam 21 President, I just want it known that even 22 though I have no motions to read or anything 23 like that, speaking on behalf of those of us 24 who are in a similar state, we are all pleased 25 to see you here.

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(518) 371-8910 1 THE PRESIDENT: Well, I'm 2 speechless. Thank you, Senators. This really 3 warms my heart. 4 Senator Valesky, moving right 5 along. 6 SENATOR VALESKY: Madam 7 President, on behalf of Senator Montgomery, on 8 page 57 I offer the following amendments to 9 Calendar Number 1335, Senate Print 3265, and 10 ask that said bill retain its place on the 11 Third Reading Calendar. 12 THE PRESIDENT: The amendments 13 are received, and the bill will retain its 14 place on the Third Reading Calendar. 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: Madam 17 President, there's a resolution at the desk by 18 Senator Rath. May we have the title read and 19 move for its immediate adoption. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: By Senator Rath, 23 Legislative Resolution Number 5994, honoring 24 the students from St. Christopher School in 25 Tonawanda, New York, upon the occasion of

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(518) 371-8910 1 participating in the 15th Annual 2 "Imagreenation" Celebration. 3 THE PRESIDENT: Senator Rath. 4 SENATOR RATH: Thank you, Madam 5 President. 6 I would like to welcome the 7 students from St. Christopher's School in my 8 district, in the town of Tonawanda and 9 bordering on Amherst, and welcome you here 10 today because you weren't here on the day of 11 the "Imagreenation" celebration. 12 And let me tell you why we are 13 doing this in quite this way. In this 14 wonderful world of security that we live in 15 now, certain things get shipped in and certain 16 things get looked at, and some are looked at 17 earlier than others. And as a result of the 18 security concerns, the items that were sent in 19 by St. Christopher's were not looked at until 20 way too late for them to be invited to be down 21 here the day of the celebration as it was. 22 A couple of the items that were 23 presented for consideration were outstanding, 24 particularly a bald eagle consisting of 25 shredded tires. If you're interested in

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(518) 371-8910 1 seeing it -- we wanted to bring it into the 2 chamber, but it's so realistic we were sure it 3 would fly up to gallery and everyone would be 4 concerned. 5 However, this eagle made out of 6 shredded tires is quite outstanding. I'd like 7 to congratulate Jenny Grimm, Emily Rasmussen, 8 Alyssa Schwartz and Tara Topolski for that 9 presentation; it's wonderful. And you'll have 10 it to take back to Buffalo when you leave 11 today. 12 And a foosball that was made by 13 John Janeczko out of empty medicine vials, 14 another winner. 15 And to their leader, Celeste 16 Scarozza, I want to congratulate you, Celeste, 17 for the wonderful work that you're doing. The 18 students contributed many projects this year 19 and over the years have contributed many 20 projects. It's such a nice opportunity for 21 them to learn and to do and of course to come 22 to Albany. And sorry about the glitch. 23 I hope your day is wonderful today, 24 that you'll see the State Museum and you'll 25 see the Capitol and have some lunch in my

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(518) 371-8910 1 office and enjoy your day here in Albany. 2 Next year we'll make sure that 3 somehow everything is opened that comes from 4 Western New York. I'll stand on the loading 5 dock myself to make sure that everything is 6 opened. 7 So thank you and congratulations to 8 the winners, and congratulations to all of 9 you. 10 THE PRESIDENT: On the 11 resolution, all those in favor please signify 12 by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The resolution is 17 adopted. 18 And congratulations to each and 19 every one of you. We're very impressed. And 20 I am privileged to see you here this morning. 21 Why don't you stand, and we'll give 22 you a nice round of applause. 23 (Applause.) 24 THE PRESIDENT: Senator 25 Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Madam 2 President, there's a resolution at the desk by 3 Senator Carl Kruger. May we have the title 4 read and move for its immediate adoption. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: By Senator C. 8 Kruger, Legislative Resolution Number 5962, 9 commending Co-Artistic Directors Victoria and 10 Michael Imperioli upon the occasion of being 11 honored by Studio Dante at the world premiere 12 performance of "Dark Yellow" on June 15, 2006. 13 THE PRESIDENT: All in favor of 14 the resolution please signify by saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The resolution is 19 adopted. 20 SENATOR FUSCHILLO: Madam 21 President. 22 THE PRESIDENT: Senator 23 Fuschillo. 24 SENATOR FUSCHILLO: May we return 25 to reports of standing committees and read the

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(518) 371-8910 1 report of the Finance Committee. 2 THE PRESIDENT: Reports of 3 standing committees. 4 The Secretary will read. 5 THE SECRETARY: Senator Johnson, 6 from the Committee on Finance, reports the 7 following nominations: 8 As a member of the Public Service 9 Commission, Maureen Harris, of Slingerlands. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move the 12 nomination. 13 THE PRESIDENT: On the nomination 14 of Maureen Harris of Slingerlands as a member 15 of the Public Service Commission, all in favor 16 please signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 I see her up there. Maureen, 23 congratulations. You'll be a fantastic 24 addition to the Public Service Commission. 25 (Applause.)

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will continue to read. 3 THE SECRETARY: As a member of 4 the State Board of Parole, Christina 5 Hernandez, of East Greenbush. 6 THE PRESIDENT: Senator Johnson. 7 SENATOR JOHNSON: Move the 8 nomination. 9 THE PRESIDENT: All in favor of 10 the nomination of Christina Hernandez as a 11 member of the State Board of Parole please 12 signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: Senator Nozzolio. 17 SENATOR NOZZOLIO: Thank you, 18 Madam President. 19 It should not go unnoted that 20 Christina Hernandez, who came before the Crime 21 Victims, Crime and Corrections Committee 22 yesterday for appointment to this capacity as 23 parole commissioner, that she has had a 24 stellar record of service on the Crime Victims 25 Board and that she has, along with those who

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(518) 371-8910 1 are on the Crime Victims Board -- most for the 2 last decade -- have done great work in 3 reducing the amount of back claims and have 4 done great work in cataloging and ensuring 5 those crime victims receive appropriate 6 compensation. 7 So I just rise to thank Christina 8 Hernandez for her work on the Crime Victims 9 Board, and she is certainly ideally suited to 10 this new capacity as she enters the Parole 11 Commission. I know she will do an outstanding 12 job, as she has served for crime victims now 13 for over the last decade. 14 I support this nomination 15 wholeheartedly. 16 THE PRESIDENT: The nominee is 17 hereby confirmed. 18 Congratulations, Christina. We 19 know you've been an excellent public servant 20 already. And best wishes to you on the Board 21 of Parole. 22 (Applause.) 23 THE PRESIDENT: The Secretary 24 will continue to read. 25 THE SECRETARY: As a member of

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(518) 371-8910 1 the Crime Victims Board, Louis A. Masiello, of 2 Yonkers. 3 THE PRESIDENT: Senator Johnson. 4 SENATOR JOHNSON: Move the 5 nomination. 6 THE PRESIDENT: Senator Spano. 7 SENATOR SPANO: Thank you, Madam 8 President. 9 It is my pleasure and an honor to 10 speak in favor of the nomination for Lou 11 Masiello to the Crime Victims Compensation 12 Board. 13 I've known Lou for many, many 14 years, and he has had an outstanding record as 15 a police officer, as a sergeant and a 16 supervisor in the police department in the 17 Village of Mamaroneck, to serving for five 18 terms in the county legislature in 19 Westchester, and having served in the 20 Assembly, to representing the people of the 21 City of Yonkers up in the state capital. 22 He has got the background, the 23 temperament and the sensitivity to make us 24 proud in working with and for the victims of 25 crime across this state, and I thank the

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(518) 371-8910 1 Governor for his nomination. And I'm very 2 happy to move his nomination on the floor of 3 the Senate. 4 THE PRESIDENT: On the nomination 5 of Louis A. Masiello as a member of the Crime 6 Victims Board, all in favor please signify by 7 saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The nominee, as 12 well as the last nominee, is hereby confirmed. 13 Congratulations, Lou, and best 14 wishes for success. 15 (Applause.) 16 THE PRESIDENT: The Secretary 17 will continue to read. 18 THE SECRETARY: As a member of 19 the New York State Employment Relations Board, 20 Marie Johnson Wittek, Ph.D., of New York City. 21 THE PRESIDENT: Senator Johnson. 22 SENATOR JOHNSON: Move the 23 nomination. 24 THE PRESIDENT: Senator Stavisky. 25 SENATOR STAVISKY: Madam

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(518) 371-8910 1 President, I have known Dr. Wittek for quite a 2 number of years in her capacity as the dean of 3 the Harry Van Arsdale School. She combines an 4 academic background with practical experience 5 as the dean. 6 I'm delighted that she's been 7 nominated for the PERB board, and I urge my 8 colleagues to support her. Thank you. 9 THE PRESIDENT: All in favor of 10 the nomination of Marie Johnson Wittek as a 11 member of the New York State Employment 12 Relations Board please signify by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The nominee is 17 hereby confirmed. 18 I understand she is with us this 19 morning. Congratulations, and best wishes for 20 success. 21 (Applause.) 22 THE PRESIDENT: The Secretary 23 will continue to read. 24 THE SECRETARY: As a member of 25 the Board of Trustees of the State University

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(518) 371-8910 1 of New York, Edward F. Cox, Esquire, of 2 New York City. 3 THE PRESIDENT: Senator Johnson. 4 SENATOR JOHNSON: Move the 5 nomination. 6 THE PRESIDENT: All in favor of 7 the nomination of Edward F. Cox as a member of 8 the Board of Trustees of the State University 9 of New York, as a reappointment, please 10 signify by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The nominee is 15 hereby confirmed. 16 And we wish him the best. I don't 17 think he's with us this morning, but 18 congratulations to Mr. Cox. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: As a member of 22 the Board of Trustees of the State University 23 of New York, Thomas F. Egan, of Rye. 24 THE PRESIDENT: Senator Johnson. 25 SENATOR JOHNSON: Move the

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(518) 371-8910 1 nomination. 2 THE PRESIDENT: All in favor of 3 the nomination of Thomas F. Egan as a 4 reappointed member of the Board of Trustees of 5 the State University of New York please 6 signify by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The nominee is 11 confirmed. 12 Congratulations, Mr. Egan. I know 13 you're with us here this morning, if you would 14 stand. Best wishes. 15 (Applause.) 16 THE PRESIDENT: The Secretary 17 will continue to read. 18 THE SECRETARY: As a member of 19 the Board of Trustees of the State University 20 of New York, Steven J. Hunt, of Katonah. 21 THE PRESIDENT: Senator Johnson. 22 SENATOR JOHNSON: Move the 23 nomination. 24 THE PRESIDENT: On the nomination 25 of -- first, Senator Leibell would like to

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(518) 371-8910 1 speak, I understand. 2 SENATOR LEIBELL: Thank you, 3 Madam President. I'd like to just comment, if 4 I could, for a moment. 5 I've had the good fortune to know 6 Steve Hunt over the course of many years now, 7 and he's held some of the most responsible 8 positions in our state in both the private and 9 the public sectors. 10 Clearly, this appointment to this 11 particular board is one of the most important 12 that we have in the state. We all know the 13 importance of our state university system, in 14 which we all take tremendous pride. 15 So I'd like to stand and endorse 16 this -- and thank the Governor for this 17 nomination. It's particularly a good one. 18 Thank you. 19 THE PRESIDENT: The question now 20 is on the nomination of Steven J. Hunt as a 21 member of the Board of Trustees of the State 22 University of New York. All in favor please 23 signify by saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The nominee is 3 hereby confirmed. 4 I've had the pleasure of working 5 with Steve Hunt. I know his qualifications. 6 I know his excellence. A welcome addition. 7 Congratulations, Steve, and best 8 wishes. 9 (Applause.) 10 THE PRESIDENT: The Secretary 11 will continue to read. 12 THE SECRETARY: As a member of 13 the Board of Trustees of the State University 14 of New York, Gerri Warren-Merrick, of New York 15 City. 16 THE PRESIDENT: Senator Johnson. 17 SENATOR JOHNSON: Move the 18 nomination. 19 THE PRESIDENT: All in favor of 20 the nomination of -- first of all, Senator Ada 21 Smith would like to be heard. 22 Senator Smith. 23 SENATOR ADA SMITH: Thank you, 24 Madam President. 25 I would like to commend the

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(518) 371-8910 1 Governor and to second this nomination of a 2 woman who has proven herself to be talented in 3 all of the things that she has attempted to 4 do. 5 Her tenure with Time Warner has 6 been fruitful for the community as well as for 7 herself, and she has truly performed well. 8 And I know that she will do an excellent job 9 as a member of the SUNY Board of Trustees. 10 And I would like to say all these 11 years that I've known Gerri, I never knew that 12 she was from Pittsburgh, and she never knew 13 that I have family in Sewickley, right outside 14 of Pittsburgh, and spent all of my summers 15 there. 16 So she will make a wonderful 17 addition, and she is truly deserving of this 18 honor. 19 THE PRESIDENT: The question now 20 is on the nomination of Gerri Warren-Merrick 21 as a member of the Board of Trustees of the 22 State University of New York. All in favor 23 please signify by saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The nominee is 3 hereby confirmed. 4 And I know she's up there this 5 morning with us. Congratulations and best 6 wishes. 7 (Applause.) 8 THE PRESIDENT: The Secretary 9 will continue to read. 10 THE SECRETARY: As a member of 11 the Board of Trustees of the State University 12 of New York, Kay Stafford, of Plattsburgh. 13 THE PRESIDENT: Senator Johnson. 14 SENATOR JOHNSON: Move the 15 nomination. 16 THE PRESIDENT: All in favor of 17 the nomination of Kay Stafford as a member of 18 the Board of Trustees of the State University 19 of New York please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The nominee is 24 hereby confirmed. 25 I know Kay as a professional and

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(518) 371-8910 1 personally, and she's the best. We're very 2 privileged and proud to have her on board. We 3 wish her the best. She's not here this 4 morning, but best wishes to Kay Stafford. 5 The Secretary will continue to 6 read. 7 THE SECRETARY: As a member of 8 the New York State Thruway Authority, Erin M. 9 Crotty, of Troy. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move the 12 nomination. 13 THE PRESIDENT: All in favor of 14 the nomination of Erin M. Crotty as a member 15 of the New York State Thruway Authority please 16 signify by saying aye. 17 (Response of "Aye.") 18 THE PRESIDENT: Opposed, nay. 19 (No response.) 20 THE PRESIDENT: The nominee is 21 hereby confirmed. 22 We all got to know Erin as 23 commissioner, and she's an excellent candidate 24 and now confirmed nominee. We wish her the 25 best.

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(518) 371-8910 1 The Secretary will continue to 2 read. 3 THE SECRETARY: As members of the 4 Board of Directors of the New York Convention 5 Center Operating Corporation, Neville 6 Bugwadia, of New York City; Kevin S. Corbett, 7 of New York City; Peter J. Johnson, Jr., of 8 New York City; and Michael A. Petralia, of 9 New York City. 10 THE PRESIDENT: Senator Johnson. 11 SENATOR JOHNSON: Move those 12 nominations. 13 THE PRESIDENT: All in favor of 14 the nominations as read by the Secretary for 15 the Board of Directors of the New York 16 Convention Center Operating Corporation please 17 signify by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (Response of "Nay.") 21 THE PRESIDENT: Any member who is 22 opposed to one of the last four nominees as 23 read by the Secretary must indicate to us the 24 opposition of one or all four of the nominees. 25 Senator Krueger.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you, 2 Madam President. 3 Again, for the record, I am 4 opposing only the fourth of the four nominees 5 you just mentioned. 6 THE PRESIDENT: Thank you, 7 Senator. 8 SENATOR LIZ KRUEGER: Thank you, 9 Madam President. 10 THE PRESIDENT: The record will 11 so reflect your opposition to the fourth 12 nominee as read by the Secretary. 13 Senator Ada Smith. 14 SENATOR ADA SMITH: I too am 15 opposed to the fourth nominee. 16 THE PRESIDENT: The record will 17 so reflect your opposition, Senator Ada Smith. 18 The four nominees are hereby 19 confirmed. 20 Senator Fuschillo. 21 SENATOR FUSCHILLO: Madam 22 President, are there any more motions to be 23 taken up at this time? 24 THE PRESIDENT: Yes, there are. 25 SENATOR FUSCHILLO: Please

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(518) 371-8910 1 recognize Senator Little. 2 THE PRESIDENT: Senator Little. 3 SENATOR LITTLE: Thank you, Madam 4 President. 5 On behalf of Senator Young, on page 6 25 I offer the following amendments to 7 Calendar Number 688, Senate Print Number 8 6820A, and ask that the bill retain its place 9 on Third Reading Calendar. 10 THE PRESIDENT: The amendments 11 are received, and the bill will retain its 12 place on the Third Reading Calendar. 13 SENATOR LITTLE: Thank you. 14 THE PRESIDENT: Senator 15 Fuschillo. 16 SENATOR FUSCHILLO: Madam 17 President, may we please have the reading of 18 the noncontroversial calendar at this time. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: Calendar Number 22 195, by Senator Meier, Senate Print 5394A, an 23 act to amend the Domestic Relations Law and 24 others. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 9. This 3 act shall take effect on the 90th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. Nays, 7 1. Senator Montgomery recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 215 -- 13 SENATOR FUSCHILLO: Lay it aside 14 for the day. 15 THE PRESIDENT: The bill is laid 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 283, by Senator Rath, Senate Print 6535, an 19 act to amend the Social Services Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE PRESIDENT: Senator 2 Hassell-Thompson, to explain your vote. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Madam President. 5 This is a bill that I would find 6 very difficult to vote against, even though 7 we've received some notes of opposition 8 against the bill, primarily because we have 9 experienced across the state, and most 10 recently this week, serious cases of child 11 abuse. 12 And it would seem that we're 13 missing something in the way in which we are 14 processing children, whether it's on the 15 intake aspect or somewhere along the line. 16 There are some issues that I have 17 with this bill. And the main issue continues 18 to be that when we implement new procedures, 19 we don't correlate that with a budgetary 20 increase, particularly understanding the 21 concerns that have been raised by the Social 22 Services departments about the numbers of 23 cases and the caseload that most workers 24 already have. 25 And to give them additional work

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(518) 371-8910 1 and additional responsibility and assume that 2 they have the capacity to do the kind of 3 training that's necessary for this procedure, 4 I think is a part of what we do mistakenly. 5 We are not social service workers. And 6 sometimes, in our zeal to do something, we put 7 an extreme amount of responsibility on a 8 system that's already overwhelmed and 9 overburdened. 10 I would hope that we would continue 11 to keep that in mind as we talk about new 12 approaches in terms of who's going to be 13 responsible and who is going to monitor to 14 make sure that what we're doing really 15 achieves the goals that we purport to set out 16 to do. 17 Thank you, Madam President. I will 18 be voting in favor of the bill. 19 THE PRESIDENT: You will be so 20 recorded as voting in the affirmative, Senator 21 Hassell-Thompson. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 54. Nays, 25 1. Senator Duane recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 297, by Senator Seward, Senate Print 4669, an 5 act to amend the Public Health Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 303, by Senator Fuschillo, Senate Print 5976, 17 an act to amend the General Business Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 337, by Senator Farley, Senate Print 5947A, an 4 act to amend the Tax Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 340, by Senator Little, Senate Print 6387B, an 16 act to amend the Tax Law. 17 THE PRESIDENT: There is a local 18 fiscal impact note at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. Nays, 25 1. Senator Valesky recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 393, by Senator Spano, Senate Print 6702, an 5 act to amend the Civil Service Law and the 6 Labor Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect September 1, 2006. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 55. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 451, by Senator LaValle, Senate Print 1626A, 18 an act to amend the Criminal Procedure Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 30th day. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE PRESIDENT: Senator Duane, to

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(518) 371-8910 1 explain your vote. 2 SENATOR DUANE: Thank you, Madam 3 President. 4 THE PRESIDENT: You're welcome. 5 SENATOR DUANE: I'm going to be 6 voting in favor of this bill. 7 But I would be remiss if I didn't 8 point out that any child who's been abandoned 9 or who's been endangered or forced to be 10 involved in a sexual performance by an adult 11 would obviously need to have counseling. And 12 certainly at the time that the crime has been 13 discovered, that child would need counseling 14 in a supportive environment. But I am sure 15 that when that child grows older that he or 16 she would continue to need psychological 17 counseling. 18 And it's actually very well known 19 that children who have been traumatized as an 20 adult are often at greater risk of alcohol and 21 substance abuse. And all of those things, all 22 of those potential problems for a child who's 23 been endangered or victimized, when they're 24 adult would certainly need to be dealt with 25 through therapy and counseling.

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(518) 371-8910 1 And yet unfortunately, if that 2 child as an adult did not have access to 3 health insurance for their mental health 4 issues, they could potentially be bankrupted 5 because of that or potentially would just sink 6 into mental illness and depression, alcohol or 7 drug abuse. 8 And I'm not going to ask my 9 colleagues here directly this question, but it 10 has crossed my mind to ask my colleagues to 11 raise their hands if no one in their family 12 has ever needed mental health services. I'm 13 not sure that anyone in this body would be 14 able to raise their hand and say that no 15 member of their family ever needed help from a 16 mental health professional, that no member of 17 their family has ever struggled with alcohol 18 or drug addiction. 19 And we have a pretty good health 20 care plan here -- not perfect, but pretty 21 good. We get mental health services. So why 22 are we denying the ability of other 23 New Yorkers to get mental health services? 24 We're nearing the end of the second-to-last 25 week of the session, and still Timothy's Law

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(518) 371-8910 1 has not hit the floor of the Senate. 2 But I would encourage any of my 3 colleagues, if no one in your family ever did 4 need help, I would like to meet you because -- 5 THE PRESIDENT: Senator Duane. 6 Senator Duane, excuse me for interrupting you. 7 SENATOR DUANE: -- I think you 8 might have a reason for not wanting to -- 9 THE PRESIDENT: Senator Duane, 10 you're out of order. 11 SENATOR DUANE: I'll be voting 12 yes, Madam President. Thank you. 13 THE PRESIDENT: You were out of 14 order. When I ask you to stop speaking, I 15 expect you to respect my position and at least 16 hear what I have to say. 17 You will be recorded as voting in 18 the affirmative. 19 Senator Bonacic, did you want to be 20 heard? 21 SENATOR BONACIC: Point of order. 22 We have a pretty lengthy schedule 23 ahead of us. There's two minutes to explain 24 our vote. If members are going to get up and 25 engage in a filibuster, there's a lot of bills

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(518) 371-8910 1 we're never even going to address. 2 And I would suggest to certain 3 individuals, without naming them, we're 4 sympathetic to a particular issue that a 5 particular Senator keeps advocating on every 6 bill and gets -- no matter what we're talking 7 about, it goes into that area. 8 But if that particular Senator 9 wants to keep us sympathetic to that 10 particular bill and pass it, we don't want to 11 have a backlash as a result of the way that 12 particular Senator is conducting himself. 13 Thank you, Madam President. 14 THE PRESIDENT: Your point is 15 well-taken. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 464, substituted earlier today by Member of 23 the Assembly Diaz, Assembly Print Number 24 2808A, an act to amend the Executive Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE PRESIDENT: Senator Duane, to 7 explain your vote. 8 SENATOR DUANE: Thank you, Madam 9 President. 10 THE PRESIDENT: You're welcome. 11 SENATOR DUANE: As you can 12 imagine, anyone who has been victimized by a 13 terrorist attack clearly would need to get 14 mental health services. In fact, after 9/11 15 many of the people in New York City and the 16 surrounding areas were able to access special 17 funding streams for mental health services 18 which were the direct result of a terrorist 19 attack. 20 So unfortunately, that funding 21 stream is going to run out. And obviously one 22 of the things that we should incorporate is 23 that should we ever again be victimized by a 24 terrorist attack or a similar disaster, that 25 families throughout New York State would be

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(518) 371-8910 1 able to get the counselling services that they 2 need. 3 And obviously Timothy's Law would 4 take care of that, and that's why we should 5 bring that bill to the floor. 6 I'll be voting yes, Madam 7 President. 8 THE PRESIDENT: You will be 9 recorded as voting in the affirmative, 10 Senator. 11 Senator DeFrancisco, to explain 12 your vote. 13 SENATOR DeFRANCISCO: Yes, I'd 14 like to rise and echo what was said during the 15 last debate. 16 You know, there's certain protocol 17 here and certain things that are relevant. 18 And everyone has an important issue. If 19 everyone in this chamber came up on every 20 single bill to advocate for one particular 21 bill, we would never get anything productively 22 done here. 23 I would hope that members from the 24 minority side would at least discuss this with 25 Senator Duane, because it is not only

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(518) 371-8910 1 nonproductive, it is also extremely childish 2 to do that on every single bill. We've heard 3 it many, many times. And up to this point in 4 time, no one has said a word about it because 5 everyone has a right to speak on an issue. 6 But it seems at this point in time it's 7 getting beyond the point of being reasonable 8 in any sense of the word. 9 So I would urge everyone in this 10 chamber to speak about the bill and make it 11 relevant so that we can consider a long 12 calendar and get done in a timely fashion and 13 maybe even have time to get to Timothy's Law. 14 I vote in the affirmative. 15 THE PRESIDENT: You will be so 16 recorded as voting in the affirmative, 17 Senator. 18 Senator Breslin. 19 SENATOR BRESLIN: Yes, Madam 20 President. I will also be voting in the 21 affirmative. 22 And even though we sit in the 23 minority and absorb lectures frequently, I 24 think the perfect answer to this discussion 25 would be to bring Timothy's Law to the floor

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(518) 371-8910 1 quickly, have a vote on it, and go on to other 2 business. 3 I vote in the affirmative. 4 THE PRESIDENT: You will be 5 recorded as voting in the affirmative. 6 Senator Libous. 7 SENATOR LIBOUS: Madam President, 8 I just, if I may on this issue, state that as 9 a sponsor of the bill that I would ask 10 everybody just to be patient. That there's 11 still many days left here. And just because a 12 bill has not hit the floor yet, it doesn't 13 mean it's not reality. 14 So everybody needs to be very 15 patient. It's being worked on. 16 THE PRESIDENT: Your point is 17 well-taken. 18 Senator Stavisky. 19 SENATOR STAVISKY: Madam 20 President, I too vote aye. 21 And it seems to me that we owe each 22 other a modicum of respect. And respect 23 includes the right to express your opinions as 24 you see fit and as the voters elected you to 25 do.

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(518) 371-8910 1 Thank you, Madam President. 2 THE PRESIDENT: You will be 3 recorded as voting in the affirmative. 4 Senator Diaz. 5 SENATOR DIAZ: Thank you, Madam 6 President. 7 I also rise to respectfully 8 disagree with my colleague Senator 9 DeFrancisco. I think that the use of the word 10 "childish" when someone wants to express their 11 sincere opinion about a bill is uncalled for. 12 I think that anyone in this chamber 13 has the right to express their opinion. 14 That's what we were elected for. And if we 15 had to take a whole day and explain 24 hours 16 here, that's what we're getting paid for. 17 So to call someone or to say to 18 someone that we are childish, that someone is 19 childish because of expressing their opinion, 20 is uncalled for, and I think that Senator 21 Duane deserves an apology. 22 If it doesn't come from that side, 23 Senator Duane, I really apologize to you for 24 being called childish. I think that you are a 25 person of honor and that you're doing the job

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(518) 371-8910 1 that you were elected to do. 2 Thank you. 3 THE PRESIDENT: And how do you 4 vote, Senator Diaz, on this bill? 5 SENATOR DIAZ: I'm voting -- how 6 am I voting? (Laughing.) 7 I'm voting yes. 8 THE PRESIDENT: You will be so 9 recorded, Senator. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Ayes, 56. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 504, by Senator Skelos -- 17 SENATOR HASSELL-THOMPSON: Lay it 18 aside. 19 THE PRESIDENT: The bill is laid 20 aside. 21 THE SECRETARY: Calendar Number 22 510, by Senator Larkin, Senate Print 2346A, an 23 act to amend the Racing, Pari-Mutuel Wagering 24 and Breeding Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 5. This 3 act shall take effect on the 120th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 519, by Senator Larkin, Senate Print 6321A, an 11 act to amend the Agriculture and Markets Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Serrano, 19 to explain your vote. 20 SENATOR SERRANO: Thank you, 21 Madam President. 22 This bill, as I understand it, 23 would create a task force for whitetail deer 24 mitigation throughout the state of New York. 25 Now, what troubles me with this

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(518) 371-8910 1 bill is that when we think about New York 2 State we think about its wonderful outdoors, 3 its recreational activities, its wonderful 4 hiking trails and streams. And these natural 5 resources are being threatened by 6 overdevelopment. And this overdevelopment has 7 created many of the problems that we're seeing 8 because we are invading on natural habitat of 9 these whitetail deer. 10 So I say instead of looking for new 11 ways to hunt these deer and kill them, we 12 should find ways to really make this state a 13 place for generations to enjoy the outdoors, 14 to enjoy seeing the deer and not necessarily 15 shooting the deer. 16 So I will continue to vote no on 17 these hunting bills, and I urge my colleagues 18 to do the same. 19 Thank you. 20 THE PRESIDENT: You will be so 21 recorded as voting in the negative, Senator. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 55. Nays, 25 1. Senator Serrano recorded in the negative.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 523, substituted earlier by Member of the 5 Assembly Tokasz, Assembly Print Number 9989, 6 an act to amend Chapter 433 of the Laws of 7 1997. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 576, substituted earlier by Member of the 19 Assembly Lentol, Assembly Print Number 10224, 20 an act to amend the General Municipal Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of July. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 610, by Senator Spano, Senate Print 6995, an 7 act to amend the Labor Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 180th day. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 676, substituted earlier today by Member of 19 the Assembly DiNapoli, Assembly Print Number 20 9856A, an act to authorize. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 56. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 717, by Senator Golden, Senate Print 3497, an 7 act to amend the State Finance Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 732, substituted earlier by Member of the 19 Assembly Gottfried, Assembly Print Number 20 10203, an act to amend Chapter 693 of the Laws 21 of 1996. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 735, by Senator Spano, Senate Print 6870, an 8 act to amend the Social Services Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 742, substituted earlier by Member of the 20 Assembly Sweeney, Assembly Print Number 9956, 21 an act to amend Chapter 459 of the Laws of 22 1996. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 743, by Senator Robach, Senate Print 3178, an 9 act to amend the Civil Service Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 8. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 56. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 745, by Senator Trunzo, Senate Print 6567, an 21 act to amend the Retirement and Social 22 Security Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 843, by Senator Golden, Senate Print 7377, an 9 act to amend the Retirement and Social 10 Security Law and the Administrative Code of 11 the City of New York. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 14. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 880, by Senator Skelos, Senate Print 7450A, an 23 act to amend the General Business Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 60th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 56. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 901, by Senator -- 10 SENATOR HASSELL-THOMPSON: Lay it 11 aside. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 915, by Senator Meier, Senate Print 7661, an 16 act to amend the Penal Law and others. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 24. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. Nays, 24 1. Senator Duane recorded in the negative. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 943, by Senator Farley, Senate Print 5948A, an 4 act to amend the Tax Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 987, by Senator Fuschillo, Senate Print 7562A, 16 an act to authorize. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 987 are 25 Senators Bonacic, Larkin and Rath.

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(518) 371-8910 1 Ayes, 53. Nays, 3. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 990, by Senator Little, Senate Print -- 6 SENATOR FUSCHILLO: Lay it aside 7 for the day. 8 THE PRESIDENT: The bill is laid 9 aside for the day. 10 THE SECRETARY: Calendar Number 11 1071, by Senator Fuschillo, Senate Print 7480, 12 an act to amend the Vehicle and Traffic Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 54. Nays, 21 2. Senators Duane and Parker recorded in the 22 negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1085, by Senator Robach, Senate Print 7841, an 2 act to amend the Civil Service Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 56. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1086, by Senator Robach, Senate Print 7842, an 14 act to amend the Civil Service Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. Nays, 22 1. Senator Saland recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1087, by Senator Golden, Senate Print 7845, an 2 act to amend the Retirement and Social 3 Security Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1100, substituted earlier today by Member of 15 the Assembly Gottfried, Assembly Print Number 16 10022, an act to amend Chapter 33 of the Laws 17 of 1998. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1160, by Senator Padavan -- 4 SENATOR HASSELL-THOMPSON: Lay it 5 aside, please. 6 THE PRESIDENT: The bill is laid 7 aside. 8 THE SECRETARY: Calendar Number 9 1168, by Senator Golden, Senate Print -- 10 SENATOR HASSELL-THOMPSON: Lay it 11 aside, please. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1173, by Senator Little, Senate Print 6548, an 16 act to amend the Correction Law and others. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 9. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. Nays, 24 1. Senator Duane recorded in the negative. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1239, by Senator Morahan, Senate Print 6964A, 4 an act to amend the Executive Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1265, by Senator -- 16 SENATOR HASSELL-THOMPSON: Lay it 17 aside. 18 THE PRESIDENT: The bill is laid 19 aside. 20 THE SECRETARY: Calendar Number 21 1310, by Senator Spano, Senate Print 7903, an 22 act to amend the Civil Service Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of March. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1318, substituted earlier by Member of the 9 Assembly Pretlow, Assembly Print Number 1973C, 10 an act to amend the Insurance Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 30th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1333, substituted earlier today by the 22 Assembly Committee on Rules, Assembly Print 23 Number 8655A, an act to amend the Family Court 24 Act and others. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 8. This 3 act shall take effect on the 90th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1372, by Senator Golden, Senate Print 6622A, 11 an act to amend the Real Property Tax Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1374, by Senator Maltese, Senate Print 106A, 23 an act to amend the Penal Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1380, by Senator Maziarz -- 11 SENATOR HASSELL-THOMPSON: Lay it 12 aside, please. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1422, by Senator Young, Senate Print 7925, an 17 act to amend the Highway Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1428, substituted earlier today by Member of 4 the Assembly Paulin, Assembly Print Number 5 9464, an act to amend the Vehicle and Traffic 6 Law and the Education Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1466, by Senator Golden, Senate Print 7573, an 18 act to amend the Retirement and Social 19 Security Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1482, by Senator Spano, Senate Print 7789, an 6 act to amend the Education Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 56. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1490, by Senator Saland, Senate Print 7959A, 18 an -- 19 SENATOR HASSELL-THOMPSON: Lay it 20 aside. 21 SENATOR FUSCHILLO: Lay it aside 22 for the day. 23 THE PRESIDENT: The bill is laid 24 aside for the day. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1515, substituted earlier by the Assembly 2 Committee on Rules, Assembly Print Number 3 9058, an act to amend the Executive Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the same date and in 8 the same manner as Chapter 186 of the Laws of 9 2005. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1523, by Senator Meier, Senate Print 7890, an 17 act to amend the Social Services Law and the 18 Tax Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 10. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1538, substituted earlier today by Member of 5 the Assembly Alessi, Assembly Print Number 6 10479, an act to amend the General Municipal 7 Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect June 1, 2006. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1539, substituted earlier today by Member of 19 the Assembly Eddington, Assembly Print Number 20 10481A, an act to amend the Town Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1540, substituted earlier by Member of the 7 Assembly Weisenberg, Assembly Print Number 8 10480, an act to amend the General Municipal 9 Law and the Town Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1563, by Senator Farley, Senate Print 7524A, 21 an act to amend the Banking Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1579, by Senator Bonacic, Senate Print 6792, 8 an act to amend the Education Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 57. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1580, by Senator LaValle, Senate Print 7405A, 20 an act to amend the Education Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 57. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1586, by Senator Padavan, Senate Print 1263, 7 an act to amend the Criminal Procedure Law. 8 SENATOR HASSELL-THOMPSON: Lay it 9 aside. 10 THE PRESIDENT: The bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 1612, by Senator Johnson, Senate Print 6785A, 14 an act to authorize. 15 THE PRESIDENT: There is a 16 home-rule message at the desk. 17 Read the last section. 18 THE SECRETARY: Section 5. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1623, by Senator Flanagan, Senate Print 2551, 2 an act to amend the Tax Law. 3 THE PRESIDENT: There is a local 4 fiscal impact note at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of the 8 sales tax quarterly period. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. Nays, 12 1. Senator Duane recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1626, by Senator Oppenheimer, Senate Print 17 5387A, an act to amend the Tax Law. 18 THE PRESIDENT: There is a local 19 fiscal impact note at the desk. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 56. Nays,

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(518) 371-8910 1 1. Senator Valesky recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1628, by Senator Nozzolio, Senate Print 5679, 6 an act authorizing. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1629, substituted earlier by the Assembly 18 Committee on Rules, Assembly Print Number 19 8854A, an act to amend the Local Finance Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 57. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1630, by Senator Flanagan, Senate Print 5824A, 6 an act to amend the Vehicle and Traffic Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1631, by Senator Larkin, Senate Print 6009A, 18 an act to amend the Agriculture and Markets 19 Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 15. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 56. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1633, by Senator Little -- 7 SENATOR HASSELL-THOMPSON: Lay it 8 aside, please. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 1635, by Senator Saland, Senate Print 7133B, 13 an act to amend the Penal Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1636, by Senator Balboni, Senate Print 7211A,

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(518) 371-8910 1 an act to amend the Penal Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 5. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1637, by Senator Balboni, Senate Print 7228A, 14 an act requiring the Office of General 15 Services. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1638, substituted earlier today by Member of 2 the Assembly DiNapoli, Assembly Print Number 3 10849, an act to amend the Environmental 4 Conservation Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1639, by Senator Volker, Senate Print 7311, an 16 act authorizing the Erie County Legislature. 17 THE PRESIDENT: There is a 18 home-rule message at the desk. 19 Read the last section. 20 SENATOR VOLKER: Madam President, 21 could we hold up? 22 Unfortunately, I'm going to have to 23 star this bill because we've been advised in 24 the last couple of days that it may be 25 unconstitutional.

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(518) 371-8910 1 So what I'd like to do -- 2 (Laughter; groans.) 3 SENATOR VOLKER: I know. Why, do 4 we bother? 5 SENATOR HASSELL-THOMPSON: That 6 never stopped us before. 7 SENATOR SCHNEIDERMAN: If we 8 follow that rule, you could clear out a lot of 9 this stuff. 10 (Laughter.) 11 SENATOR VOLKER: That's true. 12 But since I don't want to say this is 13 interminably unconstitutional, I'd just like 14 to star the bill, okay? 15 (Laughter.) 16 THE PRESIDENT: So ordered. 17 SENATOR VOLKER: Thank you. 18 THE PRESIDENT: Senator Volker, 19 we're glad to see you here today. I 20 understand you were elevated this morning in a 21 very difficult way. 22 SENATOR VOLKER: Yes, but I 23 managed to talk my way out of it. Thank you. 24 THE PRESIDENT: As you always do. 25 The Secretary will continue to

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(518) 371-8910 1 read. 2 THE SECRETARY: Calendar Number 3 1640, by Senator Saland, Senate Print 7313, an 4 act to amend the Executive Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 30th day. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1641, by Senator Maziarz, Senate Print 7320A, 16 an act to amend the Labor Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the same date as a 21 chapter of the Laws of 2006. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1642, substituted earlier today by Member of 4 the Assembly DiNapoli, Assembly Print Number 5 10743A, an act to amend the Tax Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1643, by Senator Marcellino, Senate Print 17 7364, an act to amend the Tax Law. 18 THE PRESIDENT: There is a local 19 fiscal impact note at the desk. 20 Read the last section. 21 THE SECRETARY: Section 14. This 22 act shall take effect June 1, 2006. 23 THE PRESIDENT: Senator 24 Marcellino. 25 SENATOR MARCELLINO: Thank you,

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(518) 371-8910 1 Madam President, to explain my vote. 2 The promotion of renewable energy 3 and alternative fuels is both desirable for 4 the environment, public health, economic and 5 energy goals. 6 Transportation remains one of the 7 greatest sources of carbon dioxide emissions 8 in our society today. A number of feasible 9 alternates to gasoline have been developed but 10 are not in widespread use by the public. 11 This bill provides encouragement, 12 through tax savings, for the greater use of 13 alternative fuels by the public as they become 14 more readily available. This is a good goal, 15 a positive aim. 16 And in these days of high taxes on 17 gasoline and seeking to get off the oil 18 addiction, I vote aye on this bill and I thank 19 my colleagues for doing the same. 20 THE PRESIDENT: You will be so 21 recorded as voting in the affirmative, 22 Senator. 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1644, by Senator Saland, Senate Print 7390, an 5 act to amend the Agriculture and Markets Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 6. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1645, by Senator Farley, Senate Print 7429, an 17 act to amend the Public Authorities Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 57. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1646, by Senator Trunzo, Senate Print 7540A, 4 an act to amend the Real Property Tax Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1647, substituted earlier today by Member of 16 the Assembly Paulin, Assembly Print Number 17 10766, an act to amend the Real Property Tax 18 Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 57.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1648, by Senator Padavan, Senate Print 7704, 5 an act to amend the Vehicle and Traffic Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1649, substituted earlier -- 17 SENATOR FUSCHILLO: Lay it aside 18 temporarily. 19 THE PRESIDENT: The bill is laid 20 aside temporarily. 21 THE SECRETARY: Calendar Number 22 1650, by Senator LaValle, Senate Print 7878 -- 23 SENATOR FUSCHILLO: Lay it aside 24 for the day. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 1651, substituted earlier today by Member of 4 the Assembly -- 5 SENATOR HASSELL-THOMPSON: Lay it 6 aside. 7 THE PRESIDENT: The bill is laid 8 aside. 9 THE SECRETARY: Calendar Number 10 1652, by Senator Fuschillo, Senate Print 8019, 11 an act to authorize. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 1652 are 20 Senators Bonacic and Larkin. 21 Ayes, 55. Nays, 2. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1653, by Senator Volker, Senate Print 8021, an

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(518) 371-8910 1 act to amend the Correction Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the same date and in 6 the same manner as a chapter of the Laws of 7 2006. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1654, by Senator Wright, Senate Print 8024, an 15 act to amend the Public Service Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1655, by Senator Morahan, Senate Print 8027, 2 an act to amend the Mental Hygiene Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 12. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1656, by Senator Morahan, Senate Print 8028, 14 an act to amend the Mental Hygiene Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 180th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1657, by Senator Fuschillo, Senate Print 8037,

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(518) 371-8910 1 an act to amend the Real Property Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Senator 9 Montgomery, to explain your vote. 10 SENATOR MONTGOMERY: Yes, thank 11 you, Madam President. 12 I'm going to oppose this 13 legislation. While I understand that 14 individuals who are convicted of felonies are 15 already prohibited from being a real estate 16 broker, this bill would include people who 17 were convicted of any sex offense, some of 18 which are still misdemeanors, and it would 19 cover people who had had the most minor 20 sex-offense charge. 21 A misdemeanor usually means no jail 22 time. And while I acknowledge the fact that 23 individuals who are convicted of certain 24 misdemeanors deserve punishment, the fact is 25 the conviction of any other misdemeanor does

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(518) 371-8910 1 not eliminate the ability of these individuals 2 to sell real estate. 3 Now, this is an example of how this 4 house, this Legislature, keeps passing bill 5 after bill which further limit the 6 opportunities that people who have a 7 misdemeanor, even, limits them from being able 8 to live a productive life. We limit where 9 they can live, where they can work, where they 10 can go to school, where they can go to church 11 or not go to church. There is absolutely no 12 way for people to be successfully reintegrated 13 into the communities even if they've made some 14 minor mistake that is deemed a sex offense, no 15 matter how minor. 16 It doesn't make sense to me. We 17 need to be looking at ways of allowing people 18 to be able to go on with their lives. And 19 certainly I think this goes way overboard. We 20 already have protections in place for people 21 who are felons, so that's one thing. But to 22 go to this extreme I think is unnecessary. 23 I'm voting no. 24 THE PRESIDENT: You will be so 25 recorded as voting in the negative.

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(518) 371-8910 1 Senator DeFrancisco, to explain 2 your vote. 3 SENATOR DeFRANCISCO: Yes, I'm 4 also going to vote in the negative. 5 I know that there are many bills 6 dealing with sex offenders and this house has 7 generally supported these bills unanimously. 8 But the reason I have to vote no on this bill 9 is, number one, the felony arrests or felony 10 convictions are already covered. 11 And secondly, and maybe more 12 importantly -- and it's a question of whether 13 we should really stop licensing for 14 misdemeanors when -- but the real problem I 15 have is why real estate brokers only, why real 16 estate salesmen. If this is important to 17 extend nonlicensing to professions, why the 18 real estate brokers? 19 And it just seems to me if it's 20 something that should be done to prevent 21 licensing to a profession on a misdemeanor 22 sexual conviction, that it really should be 23 across the board if at all. So I'm going to 24 vote no. 25 THE PRESIDENT: You will be so

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(518) 371-8910 1 recorded as voting in the negative. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1657 are 6 Senators DeFrancisco, Duane, Hassell-Thompson, 7 Montgomery, Parker and Schneiderman. Also 8 Senator L. Krueger. Also Senator A. Smith. 9 Ayes, 50. Nays, 8. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1658, substituted earlier today by Member of 14 the Assembly Englebright, Assembly Print 15 Number 10914, an act to amend Chapter 841 of 16 the Laws of 1987. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1659, by Senator Padavan, Senate Print -- 3 SENATOR SCHNEIDERMAN: Lay it 4 aside. 5 THE PRESIDENT: The bill is laid 6 aside. 7 THE SECRETARY: Calendar Number 8 1664, substituted earlier by Member of the 9 Assembly Hoyt, Assembly Print Number 2570, an 10 act to amend the Mental Hygiene Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 60th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1666, by Senator Larkin, Senate Print 447A, an 22 act to amend the Tax Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1667, substituted earlier today by Member of 10 the Assembly Destito, Assembly Print Number 11 145, an act to repeal paragraph (f) of 12 subdivision 4 of Section 209 of the Civil 13 Service Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 58. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1668, by Senator Fuschillo, Senate Print 25 1773B, an act to amend the Environmental

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(518) 371-8910 1 Conservation Law and the Executive Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 9. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1668 are 11 Senators Bonacic, DeFrancisco, Farley, Libous, 12 Little, Maziarz, Meier, Morahan, Nozzolio, 13 Rath, Seward, Winner and Young. 14 Ayes, 45. Nays, 13. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1669, by Senator Golden, Senate Print 2205, an 19 act to amend the Penal Law and the Railroad 20 Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 6. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 SENATOR MONTGOMERY: Lay it 3 aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1671, by Senator DeFrancisco, Senate Print 8 3329, an act to amend the Penal Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 SENATOR SCHNEIDERMAN: Lay it 16 aside. 17 ACTING PRESIDENT MORAHAN: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 1672, by Senator Leibell, Senate Print 3512A, 21 an act authorizing the Governor's Traffic 22 Safety Committee. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 4. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MORAHAN: 6 Announce the results. 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1673, by Senator Leibell, Senate Print 3794B, 12 an act to amend the Tax Law. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first of January. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Senator Sabini, to explain his vote. 22 SENATOR SABINI: Thank you, 23 Mr. President. 24 I just want to commend Senator 25 Leibell for this piece of legislation.

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(518) 371-8910 1 You know, for a number of years I 2 chaired the landmarks committee on the 3 New York City Council. And a number of 4 problems are addressed by this bill. 5 First of all, very often we have 6 demolition by neglect. Historic homes are 7 often hard to keep up. With the expansion of 8 historic districts in areas throughout the 9 state, more and more people live in historic 10 districts. 11 And we want to make people want to 12 live in a historic district, but some common 13 wisdom is that a historic district is too 14 expensive to live in because you have to keep 15 your house up and to hire special architects 16 and special contractors to live in those 17 districts to keep the house in the kind of 18 repair that matches local regulations on 19 preservation. 20 This tax credit will go a long way 21 to help people who live in those districts 22 keep the homes up. And I want to commend 23 Senator Leibell, and I'll be voting in the 24 affirmative. 25 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Senator Leibell, to explain his vote. 3 SENATOR LEIBELL: Thank you, 4 Mr. President. And thank you to my colleague. 5 This is a piece of legislation 6 that's been sought for some time. And as I 7 think we all know, we have so many beautiful 8 old buildings and beautiful old homes in this 9 state. 10 This legislation will create an 11 incentive for taxpayers and homeowners to go 12 out there and to rehabilitate some of this old 13 stock. So I'm very pleased that this 14 legislation is before the house today and am 15 very pleased to support it. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator. 18 Announce the results. 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1675, by Senator Trunzo, Senate Print 4564, an 24 act in relation to authorizing. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1675 are 11 Senators Bonacic, Larkin and Rath. 12 Ayes, 55. Nays, 3. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1676, by Senator Golden, Senate Print 5030, an 17 act to amend the Penal Law and the Vehicle and 18 Traffic Law. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the 90th day. 23 SENATOR HASSELL-THOMPSON: Lay it 24 aside. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 1677, by Senator Spano, Senate Print 5114A, an 4 act to amend the Education Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 58. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1678, by Senator Wright, Senate Print 5240A, 17 an act to amend the Public Service Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 58. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1679, by Senator Golden -- 7 SENATOR HASSELL-THOMPSON: Lay it 8 aside. 9 ACTING PRESIDENT MORAHAN: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1680, substituted earlier today by the 13 Assembly Committee on Rules, Assembly Print 14 Number 8696A, an act to amend the Real 15 Property Tax Law. 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, 57. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1682, substituted earlier by Member of the 6 Assembly DiNapoli, Assembly Print Number 7 9723A, an act to amend the General Business 8 Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. 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, 58. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1684, substituted earlier today by Member of 23 the Assembly Zebrowski, Assembly Print Number 24 9757A, an act to amend the Real Property Tax 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 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, 58. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1685, by Senator Spano, Senate Print 6628, an 15 act to amend the Social Services Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 5. 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, 57. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1686, substituted earlier today by Member of 6 the Assembly Bradley, Assembly Print Number 7 9842, an act to amend the Town Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 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, 58. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1688, by Senator Larkin, Senate Print 6694A, 22 an act to amend the Agriculture and Markets 23 Law and others. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. 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, 57. Nays, 9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1689, by Senator Golden, Senate Print 6891A, 14 an act to amend the Not-For-Profit Corporation 15 Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 3. 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, 57. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1691, by Senator Golden, Senate Print 7927, an 6 act to amend the Criminal Procedure Law and 7 the Executive Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 90th day. 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. Nays, 18 2. Senators Duane and Montgomery recorded in 19 the negative. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1692, by Senator Golden, Senate Print 7928, an 24 act to amend the Penal Law. 25 ACTING PRESIDENT MORAHAN: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Senator DeFrancisco, to explain his vote. 9 SENATOR DeFRANCISCO: This is one 10 of many in a series of bills that raises the 11 punishment for an assault depending upon who 12 the victim is. 13 Now, if someone can tell me why a 14 member of the Social Services district should 15 be -- if you assault someone from that 16 organization as opposed to another 17 governmental organization it should be a 18 felony, it's beyond me. 19 We had one a couple of days ago 20 where there was another group and we had hit 21 every type of worker within that group -- I 22 can't remember what it was -- and now we're 23 getting the cleaning people in that group. 24 So I think my point is I keep 25 voting yes; I'm going to vote no on this one,

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(518) 371-8910 1 because it's gotten to the point where there 2 are more exceptions to the rule than the 3 general rule of what assault is. If we want 4 to do it across the board, we should do it 5 across the board and enhance the penalties, 6 not have a series of exceptions that are now 7 eating up the rule. 8 I vote no. 9 ACTING PRESIDENT MORAHAN: Thank 10 you, Senator. You will be recorded in the 11 negative. 12 Senator Savino. 13 SENATOR SAVINO: To explain my 14 vote. Thank you, Mr. President. 15 Oftentimes in this chamber we try 16 to talk about trying to reduce violence in the 17 workplace, and that's an appropriate goal. 18 We also started off this 19 legislative session with a lot of attention 20 paid to what was a terrible tragedy in 21 New York City, which was the death of Nixzmary 22 Brown. And it opened a focus upon the child 23 welfare services and the Child Welfare 24 Administration and the provision of services 25 to children.

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(518) 371-8910 1 Having been a child welfare worker, 2 having been a protective service worker, I can 3 tell you it is one of the most dangerous jobs 4 you will ever do. With very little support, 5 caseworkers go out in the field with two 6 things: a fieldbook and a pen. Oftentimes 7 they go alone. They go into chaotic 8 situations, they are intervening in the lives 9 of families who quite frankly do not want them 10 there, and they are assaulted on a regular 11 basis. 12 They do not receive the appropriate 13 support that they need from either their 14 administration or from the police department 15 or from anybody else, for that matter. It is 16 an incredibly dangerous job. 17 And as we seek to decrease the 18 numbers of cases that are reported and improve 19 the way children are parented, we also need to 20 provide protection to those who go out and 21 knock on doors in the middle of the night in 22 an effort to protect those. 23 So I'm voting in favor of this 24 bill. Thank you. 25 ACTING PRESIDENT MORAHAN: Thank

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(518) 371-8910 1 you, Senator. You will be recorded in the 2 affirmative. 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1692 are 6 Senators DeFrancisco, Hassell-Thompson, 7 Little, Montgomery and Parker. Also Senator 8 A. Smith. 9 Ayes, 52. Nays, 6. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1693, by Senator Johnson, Senate Print 7936, 14 an act to amend the Real Property Tax Law. 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, 58. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1694, substituted earlier today by Member of 4 the Assembly Cusick, Assembly Print Number 5 2147A, an act to amend the Vehicle and Traffic 6 Law. 7 ACTING PRESIDENT MORAHAN: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MORAHAN: 15 Announce the results. 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1697, by Senator Spano -- 21 SENATOR HASSELL-THOMPSON: Lay it 22 aside. 23 ACTING PRESIDENT MORAHAN: The 24 bill is laid aside. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1698, by Senator Maziarz, Senate Print 8091, 2 an act establishing. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 Senator Skelos, that completes the 14 noncontroversial reading of the calendar. 15 SENATOR SKELOS: Thank you, 16 Mr. President. 17 If we could go to the controversial 18 reading of the calendar. 19 ACTING PRESIDENT MORAHAN: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 504, by Senator Skelos, Senate Print 6872B, an 23 act to amend the Public Health Law. 24 SENATOR SCHNEIDERMAN: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Senator Skelos, an explanation has been 3 requested. 4 SENATOR SKELOS: Thank you, 5 Mr. President. 6 This legislation, which has been on 7 the floor of the Senate in various 8 alternatives for the past year, would 9 establish a Medicaid inspector general's 10 office. 11 Through the leadership of Senator 12 Bruno, Senator Hannon, Senator Meier, this 13 conference, we've looked in a long-term way on 14 how we can make the Medicaid system more 15 efficient in New York State -- which is 16 presently over $46 billion a year, by far the 17 largest program in this country -- but also 18 providing quality care for those who need 19 assistance. 20 As you know, as part of last year's 21 budget process we enacted a historic cap on 22 local Medicaid costs, which is a very positive 23 way to alleviate the burden on local property 24 taxpayers. But also that burden has been 25 shifted to the state taxpayer, State of

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(518) 371-8910 1 New York, through various taxes -- the income 2 tax -- and fortunately up to this point we 3 have not had to raise it, nor do I hope we 4 have to, nor should we, if the office of 5 inspector general is adopted in this state. 6 Last February we enacted an ongoing 7 discussion concerning how pervasive fraud and 8 abuse is in our Medicaid budget; again, 9 $45 billion Medicaid program. Everyone agrees 10 that the estimates are that 10 percent at 11 least of all Medicaid spending can be 12 attributed to fraud and abuse. In New York 13 State, that amounts to roughly $12 million a 14 day, well over $80 million a week, 15 $375 million a month, and $4.5 billion each 16 year. 17 Last year the Senate passed, with 18 bipartisan support, the establishment of an 19 Office of Medicaid Inspector General to go 20 after this fraud and abuse. Now, at that time 21 many in the Senate Minority, the Assembly 22 Majority, suggested that Medicaid fraud was 23 nothing more than an urban myth. The Attorney 24 General, the Department of Health defended 25 their record and stated that New York State

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(518) 371-8910 1 provided a national model. 2 You know, it's incredible what a 3 difference a year makes in government in our 4 business. Following The New York Times' 5 jaw-dropping investigative series and hearings 6 conducted by the Medicaid Reform Task Force, 7 the Assembly Majority, Senate Minority, 8 Department of Health and the Attorney General 9 reluctantly acknowledged the state's failure 10 to effective combat this problem and its 11 serious impact on state and local taxpayers. 12 This year the Senate Majority again 13 introduced and passed its comprehensive 14 Medicaid Fraud Reform Act. During the state 15 budget process, the Senate and the Assembly 16 negotiators invested over three long weeks 17 developing compromise litigation. 18 Now, I should point out, in the 19 budget that we did pass at the end of March, 20 over $300 million is anticipated revenue by 21 the establishment of an independent Medicaid 22 inspector general's office in New York State. 23 We agreed at that time during the 24 negotiations for over three weeks on a number 25 of provisions, but the Assembly majority has

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(518) 371-8910 1 failed to match Senate's good-faith 2 compromising on the term and qualification 3 requirements necessary for an independent -- 4 and I keep underlining that, independent -- 5 professional office of Medicaid inspector 6 general. These were the only outstanding 7 substantive issues at the last point in 8 negotiations between the two houses. 9 The Assembly, Assembly Speaker has 10 requested that we go to joint conference 11 committee. Certainly I agree and I believe 12 that Senator Bruno agrees that if we go to 13 joint conference committee and there is good 14 faith shown on the part of the Assembly, that 15 the issues can be resolved within a few short 16 moments. 17 I should point out again that there 18 are some differences between the Assembly 19 version that has passed and the Senate 20 version. In terms of qualifications, which I 21 think are critically important, the Assembly 22 bill has no qualifications, which is 23 mind-boggling to me in terms of the 24 appointment of an independent inspector 25 general.

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(518) 371-8910 1 Term of office. There was a 2 concern by the Assembly majority that the new 3 governor that comes into office January 1st of 4 '07 should have the ability to appoint their 5 inspector general. As an act of good faith, 6 the Senate indicated and the Assembly actually 7 agreed that after nine months, from the 8 beginning of the term of office of inspector 9 general, July 1st, that specific individual's 10 term of office would end and the new governor 11 would be able to appoint their choice. 12 The Assembly then requested 18 13 months before that term of office would end. 14 We agreed so that the new governor would have 15 time to select his choice, but that the 16 process of establishing this office would 17 commence immediately. That is not in their 18 bill. 19 The Assembly does not wish to have 20 a term of office, which we believe is truly 21 important. In order to make sure that the 22 office of inspector general is truly 23 independent, we would have a two-year term of 24 office, which we have reduced from five years 25 as an act of good faith with confirmation from

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(518) 371-8910 1 the Senate. The Assembly wishes to have the 2 appointment and then a holdover after two 3 years. 4 So those are the major differences. 5 And one other issue that I do wish to bring 6 up, at no time during the three-week 7 negotiation with the Assembly did a 8 private-right-of-action provision, which is in 9 the Assembly version, was that brought up as a 10 necessary component on their part in order to 11 pass this legislation. That miraculously 12 appeared when they passed their bill. 13 And quite frankly, it's my position 14 that the Assembly is not interested in passing 15 a bill this year. You know, obviously this 16 type of year there are many rumors. There are 17 some that have indicated that they want no 18 public policy decisions made until a new 19 governor comes into office. Some people think 20 that their term of office begins six months 21 before they are elected to the governorship. 22 I think that's not within our state 23 constitution. 24 And some think that whoever the new 25 governor is would be looking to actually

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(518) 371-8910 1 abolish the office of inspector general, which 2 Governor Pataki created by executive order, 3 and go back to the failed ways of the Health 4 Department and the present system that exists 5 now that has absolutely failed. 6 ACTING PRESIDENT MORAHAN: Thank 7 you, Senator. 8 SENATOR SAMPSON: Mr. President. 9 ACTING PRESIDENT MORAHAN: Yes, 10 Senator. 11 SENATOR SAMPSON: I have an 12 amendment at the desk. I'd like to waive its 13 reading and I'd like to be heard on the 14 amendment. 15 ACTING PRESIDENT MORAHAN: Okay, 16 we'll waive the reading and you can speak to 17 the amendment. 18 SENATOR SAMPSON: Thank you very 19 much, Mr. President. 20 Senator Skelos, once again I 21 commend you on your leadership. Last week in 22 The New York Times it talked about the lack of 23 leadership this administration had dealing 24 with Medicaid fraud. But I commend you 25 especially on this legislation that you have

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(518) 371-8910 1 put forth and really making it comprehensive 2 to really slam the door on Medicaid fraud. 3 And as you said before, Medicaid 4 fraud is far from a myth. You know, we have 5 to understand that Medicaid fraud robs our 6 communities, most of all especially our 7 localities who are trying to deal with what's 8 going on with respect to Medicaid fraud. 9 However, even though we're trying 10 to slam the door, as I said before, there's a 11 crack. And the way we can seal that crack is 12 by using the Martin Act. 13 And I know, Senator Skelos, you're 14 going to tell me the Martin Act was used with 15 respect to the securities industry when it 16 wasn't regulated, and now we have the 17 Department of Health now who can regulate 18 that. 19 But what I'm saying is we still 20 haven't gone far enough. As you said, 21 10 percent, 10 percent of Medicaid fraud -- 22 we're talking about billions and billions of 23 dollars. But with respect to the Martin Act, 24 we can accomplish three things. 25 And the first thing, it restores

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(518) 371-8910 1 the limitation that hampers prosecutors. 2 Which that means that now prosecutors can 3 prosecute those individuals who engage in 4 half-truths or deceptions or admissions. 5 The second thing that it does, it 6 provides us a new investigative tool. And 7 that tool would be using testimony under oath, 8 which we can use in civil proceedings. 9 And the third thing that the Martin 10 Act could create, it would create what we call 11 a scheme to defraud a health plan. And this 12 would allow us to use eavesdropping and other 13 surveillance to get information that is 14 necessary for us to prosecute these Medicaid 15 fraud cases. 16 And I understand, when you talk 17 about the partisanship that may be involved in 18 a bill coming to the floor, that it's 19 important. But irrespective of Democrats or 20 Republicans, this is about people. And we 21 need to act on this bill now, we can't wait. 22 Because waiting six months, seven months, 23 18 months is still not going to get the 24 results. 25 The bottom line here is this, that

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(518) 371-8910 1 if we can put this amendment with the 2 legislation that you have, we can make it 3 tight and at the same time hopefully, as 4 you're saying, work in conference committees 5 with the other house to ensure that we have 6 the inspector general has all the necessary 7 powers that he needs so we can eliminate 8 Medicaid fraud. 9 Thank you very much, Mr. President. 10 SENATOR SKELOS: If I could just 11 comment quickly on the amendment. 12 ACTING PRESIDENT MORAHAN: 13 Senator Skelos. 14 SENATOR SKELOS: Number one, I 15 would point out that in the Assembly's version 16 of the bill that they passed, they do not have 17 a true Martin Act in that legislation. 18 Number two, and I think we've 19 discussed this before, the Martin Act really 20 was intended to regulate the securities 21 industry. And right now, under the laws of 22 the State of New York, there is the ability to 23 prosecute these cases I believe effectively. 24 I want to also point out there has 25 been some discussion in terms of many of the

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(518) 371-8910 1 criminal sanctions that are within this 2 legislation. Again, as an act of good faith 3 to the Assembly, we've adopted the language in 4 our bill that they have given us, all right, 5 to avoid getting hung up on a number of these 6 criminal sanction issues. 7 I mean, we want to get the office 8 established first so that these fraudulent 9 claims do not continue to go out the door. I 10 mean, that is the priority of establishing an 11 inspector general's office immediately. 12 Would we like stricter penalties? 13 Absolutely yes. But the reality is, and we've 14 seen this in so many cases with the Assembly, 15 whether it's Megan's Law or other issues, they 16 just do not want to deal with strict penalties 17 or enhancing penalties. 18 So our position, my position is 19 basically we have to move on, and the priority 20 is not allowing the money to go out the door 21 on these fraudulent claims. After this, if 22 you want to sit down and discuss enhancing the 23 penalties, we'd be delighted to do it, be 24 absolutely delighted to do it. 25 But if we do not act within this

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(518) 371-8910 1 legislative session on this bill -- and I 2 don't believe, quite frankly -- a true Martin 3 Act? The Assembly would never, never adopt a 4 true Martin Act with the powers that the 5 Attorney General has right now under the 6 existing federal Martin Act. Never would 7 adopt it. Never would adopt it. 8 So the issue is do we want to wait 9 until January and lose $2.4 billion, or do we 10 want to act now and close the door on this 11 type of fraud? 12 SENATOR SAMPSON: Thank you, 13 Mr. President. 14 SENATOR SKELOS: And I do thank 15 you for the kind comment about my leadership 16 on the issue. 17 SENATOR SAMPSON: Through the 18 chair. 19 And I agree with you, Senator 20 Skelos, we can't wait to act and -- 21 ACTING PRESIDENT MORAHAN: Excuse 22 me. Excuse me. Do you have a question of the 23 Senator? 24 SENATOR SAMPSON: I just wanted 25 to respond to the Senator's comments.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Okay. 2 On the amendment? 3 SENATOR SAMPSON: On the 4 amendment, if possible. Thank you very much, 5 Mr. President. 6 Senator Skelos, I agree with you. 7 We can't wait. And, you know, just like 8 you're saying that the Assembly doesn't have 9 the Martin Act in their piece of legislation, 10 that's why I brought this amendment to you, 11 because of your leadership, so we can put it 12 in your legislation and make it strong so we 13 can get together, you're saying, in conference 14 committees and really deal with issues. 15 And you're right, we can't wait. 16 You know, what's the sense of losing 17 $2.4 billion? That is resources that can go 18 to my community and your community -- 19 especially your community, where my sister is 20 a constituent of yours. 21 So, you know, I would love to see 22 something like that happen now. And I agree 23 with you on that, Senator Skelos. 24 ACTING PRESIDENT MORAHAN: 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if I could respond to that. 3 ACTING PRESIDENT MORAHAN: You 4 may respond. 5 SENATOR SKELOS: The purpose of 6 passing this bill today, number one, I believe 7 it stands on its own. If the Assembly adopted 8 it, it would certainly help prevent fraud 9 within this -- Medicaid fraud within this 10 state. 11 The idea is to get to joint 12 conference committee. And I just point out to 13 you that under the rules of the Senate, if 14 this bill is amended, it has to go back to the 15 committee of jurisdiction for 10 days. Ten 16 days would be a week from this Saturday, I 17 believe. And there could be no joint 18 conference committee. 19 So really, the series of amendments 20 that you are offering are something that could 21 be discussed at the joint conference 22 committee. But if this bill was amended, 23 there will no joint conference committee. And 24 because of the efforts of the Senate minority, 25 quite frankly the taxpayers of the State of

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(518) 371-8910 1 New York would probably lose $2.4 billion, 2 $2.4 billion, because the next time we could 3 act on this legislation would be January 3rd 4 of '07. 5 SENATOR SAMPSON: Thank you. 6 ACTING PRESIDENT MORAHAN: Thank 7 you, Senator. 8 On Senator Sampson's amendment, 9 those Senators in agreement please signify by 10 raising your hands. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Andrews, Coppola, Diaz, 13 Dilan, Duane, Gonzalez, Hassell-Thompson, 14 Klein, L. Krueger, Montgomery, Onorato, 15 Parker, Paterson, Sabini, Sampson, Savino, 16 Schneiderman, Serrano, A. Smith, M. Smith, 17 Stachowski, Stavisky and Valesky. 18 ACTING PRESIDENT MORAHAN: The 19 amendment is not agreed to. 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Mr. President. 23 I believe I have an amendment at 24 the desk. I'd like to waive the reading of 25 the amendment and be heard on it.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 reading is waived. You are recognized to 3 speak to the amendment, Senator. 4 SENATOR SCHNEIDERMAN: Thank you. 5 I echo Senator Sampson's commentary 6 about Senator Skelos's leadership on this 7 issue. 8 And I must say -- and I will have a 9 chance to discuss the bill in chief, which I 10 also do intend to support -- we have a lot of 11 discussion here about hearings. And on our 12 side of the aisle, we are advocates for having 13 hearings. We want hearings on the death 14 penalty, we want hearings -- Senator Duane 15 advocates for hearings frequently on the 16 floor, and others. 17 The hearings that were held on the 18 issue of Medicaid fraud, which were cochaired 19 by Senator Hannon and Senator Meier and 20 Senator Skelos, with Senator Skelos's vigorous 21 participation, were excellent hearings. They 22 were a great model of why it is essential to 23 have more hearings. Ideas came out -- I 24 changed my views in the course of the 25 hearings, I think others did. Information

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(518) 371-8910 1 came out, ideas came out. 2 The idea of a Martin Act for 3 healthcare fraud that is being pushed by the 4 current attorney general, Eliot Spitzer's 5 office, came out of a colloquy at one of our 6 hearings. So this was the Senate doing its 7 work well. 8 I agree wholeheartedly that it 9 would be a great shame for us to leave with 10 two one-house bills and not address the area 11 of Medicaid fraud. And I think that the 12 members on both sides of the aisle in this 13 house have been pursuing the issue. Senator 14 Skelos was the early advocate for the model of 15 a Medicaid inspector general. 16 And truly, whatever we can do on 17 this side of the aisle to try and get the 18 other house to cooperate in meetings, whether 19 it's a conference committee or just 20 negotiations after session, we will do. And I 21 have -- in fact, I have attempted a dialogue 22 with someone over there, and I will report on 23 that later. 24 My amendment, however, would 25 address an issue that does separate the two

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(518) 371-8910 1 houses, that does separate the two bills that 2 are on the table now. And that is to add a 3 False Claims Act to this bill. 4 And I understand Senator Skelos's 5 comments about amendments. I suspect that 6 this amendment will also fail. But the way 7 the people on our side of the aisle have to 8 advance substantive issues, one of our major 9 vehicles is through amendments. We usually 10 are not invited into the room when bills are 11 being drafted. 12 And I don't think it's been any 13 secret -- and there's been correspondence, and 14 I have written to Senators Skelos, Hannon, and 15 Meier about the False Claims Act which I am 16 going to offer in this amendment today. So 17 the -- 18 ACTING PRESIDENT MORAHAN: 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 could I just ask Senator Schneiderman if he 22 would yield. 23 ACTING PRESIDENT MORAHAN: 24 Senator Schneiderman, will you yield for a 25 question from Senator Skelos?

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I will 2 yield to a collegial question. 3 ACTING PRESIDENT MORAHAN: Okay, 4 he has yielded, Senator Skelos. 5 SENATOR SKELOS: Senator 6 Schneiderman, from time to time I hear, from 7 you and from other members of the Democrat 8 side, Why are we passing these one-house 9 bills? You know, why are we wasting 10 everybody's time? 11 Many of the one-house bills that 12 you consider one-house bills we consider good 13 public policy that will hopefully open up a 14 dialogue and will motivate the Assembly to do 15 something. 16 So I have no problem with you 17 offering your amendment. I think it's 18 positive that you do offer amendments. But I 19 think you should consider that when we have 20 bills that the Senate majority is putting 21 forth, we continue to put them forth in good 22 faith in terms of trying to influence public 23 policy in a positive way the way we think it 24 should be influenced. 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Senator Skelos, is there a question there? 2 SENATOR SCHNEIDERMAN: That's all 3 right. It was collegial even if it wasn't a 4 question, so I'll accept it. 5 I appreciate that. You're offering 6 bills that may for the moment be one-house 7 bills. We're offering amendments in an effort 8 to advance issues. 9 And I do not disagree with your 10 central point, which is that we have to get 11 the Assembly to the table and we have to get 12 something done. And I appreciate that you may 13 be a little bit frustrated, since you've been 14 advocating a Medicaid inspector general for 15 quite some time. 16 I have a slight -- a few slight 17 disagreements with your version of the history 18 of how we've gotten to where we are today. 19 But this is where we are. We've 20 got a Senate bill; the Assembly passed a bill 21 on June 6th. We have to get them to the table 22 so we can negotiate something. I believe that 23 the bill we ultimately pass should include a 24 False Claims Act, and that's the subject of 25 this particular amendment.

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(518) 371-8910 1 The reason that I believe that is 2 that the False Claims Act has been proven over 3 and over again to be the most effective tool 4 for prosecutors all over the country in 5 rooting out Medicaid fraud. What this allows 6 is people who are insiders, whistleblowers 7 within healthcare institutions, to bring 8 actions. And 70 percent of the recovery goes 9 to the government. 10 The maximum -- in most cases, the 11 whistleblower and the whistleblower's attorney 12 is limited to 10 percent to 30 percent of the 13 recovery. So 10, 15, 20 percent may go to a 14 whistleblower and pay for their lawyer, but 15 most of the money goes to the government. 16 Now why do I say it's been proven 17 to be effective? It's been proven to be 18 effective because we have a federal False 19 Claims Act. We have federal provisions for 20 whistleblower cases. And the federal False 21 Claims Act has generated $12 billion over the 22 last ten years. According the federal 23 government, and the Republican-led federal 24 government, it generates $13 for every $1 that 25 the federal government spends on False Claim

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(518) 371-8910 1 Act cases. 2 So I think that it has been 3 demonstrated to be the case, and in fact I 4 would commend to my colleagues here that as we 5 go into these -- what I hope will be honest 6 negotiations with the Assembly, then let's 7 recognize where the False Claims Act comes 8 from. 9 And I would urge you that the 10 chairman, the Republican chairman of the 11 United States Senate Finance Committee has 12 weighed in very heavily -- and I sent copies 13 of these letters to my colleagues on the other 14 side of the aisle -- on this issue. 15 I quote from a letter by Senator 16 Grassley: "We as Republicans can be proud of 17 our leadership in the fight against fraud, 18 waste and abuse. Our efforts to make sure 19 that precious tax dollars are spent both 20 wisely and honestly are welcomed by citizens 21 who are often skeptical about how well the 22 government stewards their hard-earned tax 23 dollars. 24 "Of course, fighting fraud is as 25 important in the context of state and local

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(518) 371-8910 1 programs as in federal programs. That is why 2 I'm urging you to consider enacting a law in 3 New York that would produce the kind of 4 success that the federal False Claims Act 5 has." 6 Senator Grassley advocated so 7 vigorously that both the Republican-led House 8 of Representatives and the Republican Senate 9 and the Republican President agreed to put in 10 last year's Deficit Reduction Act a provision 11 that provides incentives for states to adopt a 12 False Claims Act. This is this is how 13 strongly the national leadership of your party 14 feels about it. 15 And this incentive in the Deficit 16 Reduction Act provides that states that adopt 17 False Claims Acts, as I hope we will in 18 New York, get a -- and I'm reading from 19 Senator Grassley's March 2006 letter. The 20 Deficit Reduction Act provides that in state 21 False Claims Acts, if they are passed and they 22 meet certain requirements, "The state will 23 qualify for a 10 percent increase in the 24 state's share of any Medicaid fraud." 25 So the federal government is

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(518) 371-8910 1 willing to let us have more money if we enact 2 a False Claims Act. By not putting a False 3 Claim Act in our Medicaid inspector general 4 bill, we are leaving money on the table, as 5 they used to say when I was a corporate 6 lawyer. We are not getting the maximum that 7 we should be getting. 8 Now, where else has the False 9 Claims Act been proven to be an effective 10 vehicle against fraud? One of the things that 11 I must acknowledge changed my mind and my view 12 in some respects about the office of Medicaid 13 inspector general was the testimony of the 14 Texas Medicaid inspector general, who came to 15 one of our hearings and reported on the work 16 done in that state. And, you know, I'm second 17 to none in the pride about our state being 18 ahead of the curve, but when Texas beats us, I 19 acknowledge it. 20 But I would suggest that we also 21 have to consider the statements of Patrick 22 O'Connell, who's the chief of the Medicaid 23 fraud section in the Texas attorney general's 24 office, who has stated, and it was printed in 25 the newspapers, that, quote, probably

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(518) 371-8910 1 98 percent of the Medicaid fraud claims his 2 office receives come via whistleblower suits. 3 So that's another statement. The 4 other states that have large Medicaid 5 programs -- California, Florida, Illinois, 6 Texas -- all have False Claims Acts. 7 Republican and Democratic administrations have 8 enacted them. We should include it in our 9 bill. 10 The notion, you know, that there 11 is -- because whistleblowers and their 12 attorneys might get between 10 and 30 percent 13 of a recovery leaves the state out of getting 14 the 70 percent. And the reason it is 15 particularly appropriate in this area is that 16 the Medicaid system is a very opaque system. 17 There are complicated regulations. It's hard 18 to tell exactly where the fraud lies in many 19 cases. If you have clinics reporting that 20 they're treating everyone for glaucoma 21 screenings, maybe they are, maybe they're not. 22 It's a very different area to police. 23 This enables us -- and it is really 24 is, pardon the expression, sort of a 25 Republican principle. Instead of us beefing

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(518) 371-8910 1 up with lots of government lawyers and 2 investigators, it empowers the people who are 3 in these agencies, in these healthcare 4 providers, to blow the whistle on whoever is 5 committing the fraud. And it provides an 6 incentive for them. 7 So I suggest, in respecting the 8 good faith with which this bill is offered -- 9 and I do intend to vote for it -- that in the 10 negotiations coming forward, we consider 11 putting in a False Claims Act. It would get 12 us more money, it's demonstrated to be 13 effective. And, really, leaving out a False 14 Claims Act would be a severe impediment to the 15 inspector general's ability to prosecute 16 Medicaid fraud and root out Medicaid fraud. 17 So I offer this amendment, 18 Mr. President, and I hope that my colleagues 19 will consider it. Even as I suspect it fails 20 today, I hope that it will move forward into 21 the negotiations along with you. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Schneiderman. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 if I could just comment before the amendment 2 is taken up. 3 I want to just point out that 4 significant portions of the False Claims Act 5 already exist in New York State, under the 6 Labor Law and the Social Services Law. 7 The Attorney General and the Senate 8 Minority continue to support, quite frankly, 9 the outsourcing of work that should be done by 10 the over 900 employees that exists now between 11 the Health Department and Attorney General's 12 office. Three hundred, 300 attorney 13 individuals are involved in the Attorney 14 General's Medicaid Fraud Control Unit. 15 I'm happy that Senator Schneiderman 16 is beginning to sound more like a Republican 17 and that he is praising what is being done 18 in -- 19 SENATOR SCHNEIDERMAN: I'm 20 swapping with Senator Spano. 21 (Laughter.) 22 SENATOR SKELOS: And, you know, 23 there are many concerns, and rightfully so, 24 quite frankly, by many of the unions that we 25 deal with, and I say this in a very positive

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(518) 371-8910 1 way, about the outsourcing of jobs to other 2 countries. Whether it's people that would 3 take complaints, jobs that could go to the 4 members of the communication workers' union, 5 different unions, there is a real concern 6 about outsourcing. 7 And I have enough confidence, I 8 have enough confidence with the good employees 9 of the State of New York -- there will be a 10 new attorney general next year, and I'm sure 11 that she will reform that department and make 12 sure that it acts efficiently and aggressively 13 goes after Medicaid fraud, rather than 14 collecting one-tenth of 1 percent of our total 15 Medicaid budget when a state like Texas and 16 others are collecting 5 percent because they 17 have an inspector general's office. 18 I also want to point out that 19 New York State is a lot different than other 20 states, most other states, because we have a 21 local share. And we've had a partnership over 22 the years with local governments, local 23 counties in terms of monitoring the system. 24 But also I would prefer to provide 25 them, which we do in our legislation, an

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(518) 371-8910 1 incentive to go after Medicaid fraud, to work 2 with whistleblowers, the fact that we have 3 whistleblower protection in our legislation 4 and in the State of New York to really get 5 this money -- well, number one, prevent it 6 from going out the door, but recouping this 7 money for the benefit of the state and for the 8 benefit of our counties. 9 You know, we should point out that 10 after returning the federal government's 11 50 percent share -- and this would be in a 12 whistleblower situation, or if we have 13 qui tam, actually -- and allocating attorney's 14 fees, generally about 33 percent, and the 15 whistleblower's bounty, which is about 16 25 percent, there really is very little that 17 the state would actually recover. 18 I prefer to work with the local 19 counties, the local district attorneys, 20 reforming the system here with an inspector 21 general, a truly independent inspector 22 general, the Attorney General's office, and 23 make sure that this money comes back to the 24 taxpayers rather than, again, outsourcing 25 responsibility. Which I'm sure that my good

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(518) 371-8910 1 friends in the Democrat minority are not in 2 support of outsourcing responsibility and 3 money that could be going to our good 4 employees in the State of New York, rather 5 than outsourcing, you know, to India, to other 6 countries. So I think they're moving in the 7 wrong direction. 8 Now, I want to also point out that 9 under the federal Deficit Reduction Act, it 10 does not become effective until January 1st of 11 2007. And the language is very, very 12 ambiguous in terms of what would be 13 potentially required of the states in a False 14 Claims Act and how they would qualify for the 15 10 percent incentive, if in fact the hiring of 16 private attorneys would even be necessary. 17 So I think, again, you're putting 18 the cart before the horse. And what we have 19 to do right now is, number one, prevent it 20 from going out the door, or we could be 21 wasting $2.4 billion by next January; not 22 assuming that any individual running for 23 governor effectively takes office before the 24 election and right after we complete our work 25 next week; and that public policy decisions

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(518) 371-8910 1 cannot wait until there is a new governor, 2 they have to be determined now by this 3 Legislature. 4 So, Senator Schneiderman, I 5 understand your amendment, I appreciate it. I 6 do not want to delay going to conference 7 committee. Again, if your amendment passed, 8 the bill would have to go back to the 9 committee of origin for 10 days and we would 10 not be able to have a joint conference 11 committee. And I'm certainly sure that 12 members of your conference committee do not 13 want to support an amendment that would end up 14 costing the taxpayers of the State of New York 15 approximately $2.5 billion. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator Skelos. 18 Senator Schneiderman. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Mr. President. On the amendment. I have a 21 couple of comments in response to Senator 22 Skelos's point. 23 First of all, with regard to the 24 clarity of the Deficit Reduction Act supported 25 by President Bush and the Republican

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(518) 371-8910 1 leadership in the house and the Senate, that 2 was clarifying exactly what has to be in a 3 False Claims Act that we should enact, was the 4 purpose of the March 17, 2006, letter authored 5 by the chair of the Senate Finance Committee 6 in the United States Senate, Senator Grassley. 7 And I have forwarded that to my colleagues in 8 an effort to provide information that could 9 make the bill that's coming to the floor today 10 a better bill. 11 Second of all, I think that all of 12 the evidence in all of the states and in the 13 federal False Claims Act is that False Claims 14 Acts generate hundreds of millions if not 15 billions of dollars for every state that has 16 them. They generate for cases for the 17 hardworking employees in the Department of 18 Health or the inspector general's office or 19 the attorney general's office, whichever prong 20 of our multiheaded hydra of a healthcare 21 system is brought into the process once a 22 whistleblower brings a case to our attention. 23 The reason this is not outsourcing 24 is that we're talking about people who are 25 inside the healthcare networks. It's not as

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(518) 371-8910 1 though we're saying, Oh, we're going to 2 outsource it to random people on the street, 3 we're giving a contract to root out Medicaid 4 fraud to, you know, Enron or something like 5 that. 6 We're giving an incentive to the 7 only people who can help blow the whistle to 8 come forward. It's good that we have 9 whistleblower protection so that people can't 10 be fired for blowing the whistle, but they 11 don't have an incentive. This creates an 12 incentive. It has been demonstrated, in every 13 state that's done it, to generate large 14 recoveries. So this would help the taxpayers 15 of the State of New York. 16 I also -- you know, again, I 17 appreciate the concern about a conference 18 committee. It appears now that we are 19 unlikely to have a conference committee that 20 will complete its work by next Thursday, when 21 we're set to adjourn. There may be 22 negotiations that go on afterwards. We're 23 certainly prepared on this side of the aisle 24 to come back for a special session if that is 25 necessary.

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(518) 371-8910 1 I don't think our commitment to 2 passing an inspector general bill, to passing 3 additional ammunition and additional 4 mechanisms for rooting out and getting rid of 5 Medicaid fraud, ends next Thursday. So 6 whatever it is we have to do, we're offering 7 this in good faith. We think it's a 8 tremendously important provision. 9 And I would also suggest that False 10 Claims Act -- you know, there's a problem, I 11 know, on the other side of the aisle in this 12 house relating to the False Claims Act, and 13 people have complained about it being a source 14 of revenue for trial lawyers. It's not a 15 problem on the other side of the aisle in the 16 House of Representatives; they support it. 17 It's not a problem in the other side of the 18 aisle in the United States Senate; they 19 support it. It's not a problem on the 20 Republican side of the aisle in the Assembly, 21 because the Assembly's bill including a False 22 Claims Act passed last week 128-7. 23 So I would urge my colleagues here, 24 in good faith, let's look at what everyone 25 else seems to have concluded, that False

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(518) 371-8910 1 Claims Acts are good, they provide more work 2 for the public employees. It's not 3 outsourcing. And let's support this 4 amendment. If not support the amendment, at 5 least get this on the table in the 6 negotiations that I truly hope go forward. 7 And we offer whatever assistance we 8 may be able to provide. When we talk on the 9 bill in chief, we can discuss a few other 10 aspects of that. 11 ACTING PRESIDENT MORAHAN: 12 Senator Hannon. 13 SENATOR SKELOS: Mr. President, 14 before Senator Hannon asks a question, if I 15 could -- 16 ACTING PRESIDENT MORAHAN: I 17 think you spoke twice, Senator. 18 SENATOR SKELOS: -- ask one more 19 question. 20 SENATOR SCHNEIDERMAN: I yield. 21 ACTING PRESIDENT MORAHAN: 22 Senator Schneiderman, do you yield for a 23 question from Senator Skelos, who has already 24 spoken twice? 25 SENATOR SCHNEIDERMAN: He's

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(518) 371-8910 1 already spoken twice, so -- 2 SENATOR SKELOS: Okay, if you 3 want to call the rules, call the rules. 4 SENATOR SCHNEIDERMAN: No, no, 5 no, I'm happy to yield for another collegial 6 question. I just am cognizant of the 7 admonition of the chair. 8 SENATOR SKELOS: I don't know if 9 he admonished us, but -- 10 SENATOR SCHNEIDERMAN: Reminded. 11 Reminder from the chair. 12 SENATOR SKELOS: Just one short 13 question. 14 ACTING PRESIDENT MORAHAN: 15 Through the chair, please. 16 SENATOR SKELOS: If a person sees 17 an individual committing a crime, assaulting a 18 child, sexually abusing a child, do they -- 19 should we be offering them a reward to report 20 it? Or is there a civic responsibility in 21 light that if you're seeing taxpayers' dollars 22 being stolen, a child being molested or abused 23 by a parent, do we have a responsibility just 24 to report it and do the right thing rather 25 than looking for a bounty?

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: I 2 certainly do believe in civic responsibility. 3 But I would note that in many areas 4 of law relating to business organizations and 5 environmental law and other areas where it is 6 difficult to obtain information from insiders, 7 the model of private attorneys general, the 8 model of whistleblower cases has been used 9 very effectively, and this would do that. 10 You know, the reason we have a 11 criminal -- all these criminal law provisions 12 we debate vigorously here is that some people 13 don't honor their civic responsibilities. So 14 I think let's -- but, you know, I do believe 15 in it. I don't disagree that that's something 16 that I wish everyone would do on their own. 17 ACTING PRESIDENT MORAHAN: 18 Senator Hannon. 19 SENATOR HANNON: Thank you, 20 Mr. President. On the amendment. 21 I usually don't rise about 22 amendments on this, but it comes about with a 23 peculiar setting. 24 Since the sponsor of the amendment 25 has already said that he will vote for the

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(518) 371-8910 1 bill in chief, the main bill which will 2 establish a Medicaid inspector general -- I 3 believe those were your words, Senator 4 Schneiderman. 5 Now the question becomes, what will 6 take place if you add to that Medicaid 7 inspector general this layer of a private 8 right of action, the qui tam that he's been 9 advocating? And I think the question is 10 answered twofold. 11 One, it will become diversionary 12 towards the purpose that we seek to achieve of 13 trying to put forward a regular procedure for 14 prosecuting Medicaid fraud in this state and 15 detecting it. Because our hearings have 16 demonstrated the system is not orderly, it's 17 not logical, it results in the waste of 18 effort, it results in fraud going undetected. 19 So I believe that adding another layer becomes 20 diversionary. 21 And, second, it is duplicative of 22 what is there now. Every hospital, every 23 nursing home, every home healthcare agency, 24 almost -- many of the other providers that 25 would be subject to the bills today receive

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(518) 371-8910 1 federal money: Medicare, Medicaid. That is 2 federal money. All of those providers who 3 receive the money are already subject to the 4 federal False Claims Act. 5 We are adding nothing. We are 6 adding another layer. So if the merits to 7 this are there, the House of Representatives, 8 the U.S. Senate, if all of that's accurate, 9 they already have it in place. 10 And then, just as an extra twist, 11 the City of New York -- and it was little 12 noticed by anybody until it was written up in 13 the law review a couple months later -- has 14 established a very solid, substantial, 15 thorough False Claims Act. So if there's any 16 New York City money -- and New York City gets 17 70 to 75 percent of the Medicaid dollars in 18 this state -- they're subject to that. 19 The whole point -- and you listen 20 to Senator Skelos's arguments, which are true, 21 that this would be dilatory if we pass this 22 amendment -- is accurate. And it would be 23 duplicative. So I see no reason whatsoever as 24 to why we should have this amendment. 25 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Thank 2 you, Senator. 3 Senator Schneiderman. 4 SENATOR SCHNEIDERMAN: Thank you, 5 Mr. President. Very briefly, because we do 6 have more things to talk about about the bill 7 in chief. 8 I hear my colleagues -- 9 ACTING PRESIDENT MORAHAN: 10 Senator Schneiderman, let me just interject at 11 the moment that you have spoken several times 12 already, and we will recognize you now to 13 close. 14 SENATOR SCHNEIDERMAN: Thank you. 15 Thank you, Mr. President. 16 The -- there's an interloper 17 disrupting the proceedings, Mr. President. 18 Thank you. 19 ACTING PRESIDENT MORAHAN: No 20 campaigning in here, sir. 21 (Laughter.) 22 SENATOR SCHNEIDERMAN: Okay. 23 When he comes up and starts checking out your 24 chair, then we have to worry. 25 (Laughter.)

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: In 2 response -- and again, I have to say I've had 3 discussions with Senator Hannon, Senator 4 Skelos, Senator Meier about these issues. 5 We'll continue to have discussions about the 6 issue. 7 I would urge that all of the 8 evidence that we've discussed, including the 9 evidence from the federal government and the 10 evidence from other states, suggests that this 11 generates a lot of money. Why shouldn't the 12 State of New York get some money? 13 If we don't have a state False 14 Claims Act -- you know, I'm happy New York 15 City has a False Claims Act. But we should do 16 it at the state level. There's no reason not 17 to. There's no reason to believe that the 18 Republican President and Senate and House have 19 all of a sudden become, you know, advocates 20 for the plaintiff's bar or supporting 21 duplicative measures. 22 In fact, their recommitment to the 23 primacy of the False Claims Act and the effort 24 to root out Medicaid fraud has led them, as, 25 again, I have pointed out, to specifically

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(518) 371-8910 1 provide a 10 percent incentive to states that 2 enact False Claims Acts. They are not doing 3 this because it's duplicative of the federal 4 effort, they're doing it because it results in 5 more states more vigorously investigating and 6 prosecuting Medicaid fraud. 7 So I urge we support this 8 amendment. And I would further suggest, and 9 we can talk about this when we get to the bill 10 itself, that this issue is going to come up in 11 the negotiations one way or the other and that 12 my colleagues on the other side of the aisle, 13 perhaps through this discussion, can soften 14 their opposition to a False Claims Act. 15 Again, it is not an issue that 16 Republicans in the House, Senate or Assembly 17 have raised. I don't know if there's some, 18 you know, very, very strong aversion to 19 anything that might only incidentally benefit 20 the plaintiff's bar. I don't know if someone 21 was -- it sometimes seems almost more 22 psychological than political. 23 But this is something that we 24 should all agree on, as they have agreed in 25 the U.S. Congress, as they have agreed in the

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(518) 371-8910 1 Assembly. Let's support a False Claims Act. 2 Let's get that on the table. 3 But most importantly, I agree with 4 my colleagues on the other side of the aisle, 5 let's get the negotiations going so that we do 6 not let six more months slip by. And I agree 7 very strongly with Senator Skelos on that. 8 ACTING PRESIDENT MORAHAN: Thank 9 you, Senator Schneiderman. Thank you. 10 SENATOR SCHNEIDERMAN: Thank you. 11 ACTING PRESIDENT MORAHAN: On 12 Senator Schneiderman's amendment, all those 13 Senators in favor signify by raising your 14 hands. 15 THE SECRETARY: Those recorded in 16 agreement are Senators Andrews, Breslin, 17 Coppola, Diaz, Dilan, Duane, Gonzalez, 18 Hassell-Thompson, Klein, L. Krueger, 19 Montgomery, Onorato, Oppenheimer, Parker, 20 Paterson, Sabini, Sampson, Savino, 21 Schneiderman, Serrano, A. Smith, M. Smith, 22 Stachowski, Stavisky and Valesky. 23 ACTING PRESIDENT MORAHAN: The 24 amendment is not agreed to. 25 Senator Valesky.

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(518) 371-8910 1 SENATOR VALESKY: Mr. President, 2 I believe there is one more amendment at the 3 desk. I ask that the reading of the amendment 4 be waived and that I have an opportunity to 5 explain the amendment. 6 ACTING PRESIDENT MORAHAN: The 7 reading of the amendment will be waived. You 8 will be recognized to speak to that amendment. 9 SENATOR VALESKY: Thank you. 10 First of all, I'd like to join my 11 colleagues Senator Sampson and Senator 12 Schneiderman in thanking and commending you, 13 Senator Skelos, for your leadership on this 14 issue, as well as Senator Meier and Senator 15 Hannon. A number of long hours have certainly 16 gone into this issue on all of your parts, and 17 I appreciate that. 18 My amendment is intended to improve 19 upon a good bill, to make a good bill even 20 better, and to focus and direct some of the 21 attention at the county level. 22 Senator Skelos, in your explanation 23 of the bill you pointed out that in last 24 year's state budget we were able to enact an 25 historic cap on the local costs of the

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(518) 371-8910 1 Medicaid program. I think, in regard to 2 rooting out fraud and putting an end to waste 3 and abuse in the Medicaid program, that we can 4 encourage counties to develop demonstration 5 projects, as many counties have already done. 6 In fact, the New York State 7 Association of Counties has been working with 8 12 counties across the state over the last 9 year or year and a half on computer tracking 10 and analysis of Medicaid spending. 11 Earlier this year, in this year's 12 state budget, we authorized Chemung County to 13 undertake a demonstrating project to use 14 innovative administrative techniques, new 15 reimbursement methods and management of care 16 models. 17 It seems to me that this bill is 18 the perfect place to encourage all counties, 19 if they're so interested, in developing 20 demonstration projects in their county to 21 realize significant cost savings. 22 So very simply, this amendment 23 would allow counties who are interested in 24 doing so to apply to the Commissioner of 25 Health for permission and assistance in

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(518) 371-8910 1 undertaking the necessary programs, again, to 2 help save money in county Medicaid programs. 3 I encourage all of my colleagues, 4 Mr. President, to support this amendment. 5 Thank you very much. 6 ACTING PRESIDENT MORAHAN: Thank 7 you, Senator. 8 Senator Hannon. 9 SENATOR HANNON: Thank you, 10 Mr. President. On the amendment. 11 ACTING PRESIDENT MORAHAN: 12 Senator Hannon, on the amendment. 13 SENATOR HANNON: The proponent of 14 the amendment would have us believe that we 15 need to offer this ability to all counties. 16 However, Senator Valesky, what we 17 did last year, in legislation that passed this 18 house in April, the beginning of April, with 19 Chapter 58 of the Laws of 2005, we have 20 authorized all counties to do this, in the 21 same way and almost in the same identical 22 language that you have put forward in your 23 amendment. 24 So it's already law. We do not 25 need to do it. The Health Department has

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(518) 371-8910 1 rolled out 12 demos, but they are not 2 restricted. There's no need to add or change 3 a number. It's already in statute. 4 So I do not believe there's any 5 need to adopt your amendment. Thank you. 6 ACTING PRESIDENT MORAHAN: Thank 7 you, Senator. 8 On the amendment, those Senators 9 who are in agreement please signify by raising 10 your hands. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Breslin, Coppola, Diaz, 13 Dilan, Duane, Gonzalez, Hassell-Thompson, 14 Klein, L. Krueger, Montgomery, Onorato, 15 Oppenheimer, Parker, Paterson, Sabini, Savino, 16 Schneiderman, Serrano, A. Smith, M. Smith, 17 Stavisky and Valesky. 18 ACTING PRESIDENT MORAHAN: The 19 amendment is not agreed to. 20 Any other Senator wishing to be 21 heard on the bill? 22 Senator Schneiderman, on the bill. 23 SENATOR SCHNEIDERMAN: On the 24 bill. 25 I don't want the fact that we were

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(518) 371-8910 1 offering amendments to take away from the fact 2 that I certainly support the legislation, I 3 support the effort. 4 And as I said before, the hearings 5 that were held on this issue were a great 6 example of why we should have more hearings. 7 I want to just note a couple of 8 other -- in my mind, there are three things 9 that we should be doing to improve this bill. 10 We've offered amendments on two of them. I 11 think that Senator Sampson's amendment on the 12 Martin Act, there are provisions, law 13 enforcement provisions that I think are 14 uniquely appropriate for investigating 15 healthcare fraud that should be added to this 16 bill and should be added to the Assembly's 17 bill. 18 And, you know, I do not argue with 19 Senator Skelos's contention that sometimes 20 it's hard to get additional law enforcement 21 powers through the Assembly. But in this 22 case, I think that there is a vigorous 23 advocate in the person of our State Attorney 24 General, who may be able to weigh in on the 25 issue.

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(518) 371-8910 1 The power of the State of New York 2 to conduct interrogatories, to undertake and 3 require people to answer interrogatories under 4 oath, would be in Senator Sampson's amendment. 5 That I think does belong in the bill. I'm 6 happy to talk it again to our colleagues in 7 the Assembly about it. 8 The ability to conduct examinations 9 under oath without convening a grand jury was 10 in Senator Sampson's amendment. I think I've 11 said all I can say about the False Claims Act. 12 I hope that will be added. 13 But I do also want to flag one 14 other provision of the current bill that 15 raises a particular question. And I would 16 suggest -- and again, we sent this over to the 17 Assembly as well -- that there was a letter 18 written to us, to Senator Skelos, by the head 19 of the District Attorneys Association of the 20 State of New York. And I hope that his 21 concerns -- Frank Clark of Erie County -- I 22 hope that his concerns are taken into account. 23 The one area that he specifically 24 highlighted -- and he has several concerns, 25 but one area that he specifically highlighted

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(518) 371-8910 1 is an affirmative defense that somehow got 2 into the Senate bill that is far more generous 3 in terms of giving people an out from criminal 4 prosecution than anything the Assembly has put 5 on the table in this context. 6 And I was shocked to hear -- 7 someone who works in the Assembly Codes 8 Committee actually said to me something I 9 didn't think I would ever hear while I was 10 here, that the Senate was softer on crime in 11 this bill than he was. Whether it's true or 12 not, I was just shocked that he said it. 13 I'm calling your attention to 14 Section 177.30, which provides an affirmative 15 defense for someone who knowingly quits fraud 16 if they were just following orders from a 17 superior and don't personally benefit. 18 So this will eliminate the ability 19 of prosecutors to get the bookkeeper -- you 20 know, we all saw "The Untouchables." You get 21 the bookkeeper and then you scare him into 22 giving up Al Capone. That would be gone. 23 "The Untouchables" would have been a much 24 poorer movie had this statute been in effect 25 in that area of law.

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(518) 371-8910 1 This is something that as far as I 2 know doesn't exist anywhere else in the 3 criminal law of the State of New York, and I 4 would urge that this is something we probably 5 should lose as we get into the negotiations. 6 It should not be an affirmative defense for 7 the willful and knowing commission of fraud 8 that you were just following orders. 9 So those are my final suggestions. 10 Again, there's so much more that is good in 11 this bill than that I disagree with. I 12 sincerely hope that everyone on the other side 13 of the building joins with us in an effort to 14 enact something that is a law as quickly as 15 possible. 16 And I appreciate my ability to 17 participate in the hearings and in this 18 process. Senator Meier, Senator Hannon, 19 Senator Skelos, people on our side of the 20 aisle were shown courtesy in the hearings. I 21 think we've accomplished a lot. And we are 22 with you -- I am certainly with you, and I 23 think most of the people on my side of the 24 aisle are with you -- in the effort to enact a 25 law to bring this about.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MORAHAN: 3 Senator Meier. 4 SENATOR MEIER: Thank you, 5 Mr. President. Just briefly on the bill. 6 We've come a long way on this 7 issue. And we still have a little time left 8 in this session, and I hope we can go the rest 9 of the way to get a Medicaid fraud inspector 10 general bill on the books. 11 When we started with the Medicaid 12 task force, one of the items identified in 13 that study that was published was what we felt 14 was a lack of oversight over the system, a 15 lack of an appropriate use of technology to 16 mine the data to look for not just the fraud 17 but for patterns of misuse, for patterns of 18 inappropriate medical care. 19 This Medicaid inspector general 20 bill which Senator Skelos has shepherded along 21 ends one of the problems that we also 22 identified as we went through our series of 23 hearings. In government, it is difficult to 24 get results unless you have a place where 25 accountability resides, and that is clearly

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(518) 371-8910 1 something that we need to accomplish as we 2 begin to put this bill together. 3 I think the next few days are 4 clearly going to demonstrate, though, whether 5 the Assembly is serious about really doing 6 something about Medicaid fraud or if this is 7 just something where they want to kick the 8 ball off to the sidelines and delay, delay, 9 delay. 10 And when we talk about the dollars 11 that are involved with Medicaid, the dollars 12 that are lost through Medicaid fraud, if we 13 could have an effective Medicaid fraud 14 prevention system in this state, think about 15 how different our annual budget deliberations 16 have been. 17 I have been around long enough, 18 both as a member of the State Senate and as a 19 county executive, to watch governors from both 20 appears send budgets down here that have such 21 inspiring suggestions as saving Medicaid money 22 by taking dental care away from people, by 23 taking eyeglasses away from children. 24 Wouldn't it be so much better if we could take 25 the dollars away from the cheaters and the

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(518) 371-8910 1 fraud artists and the scam artists so that we 2 could have savings within the Medicaid system 3 and not try to balance our Medicaid budget on 4 the backs of people who really need the care. 5 Senator Skelos, thank you for your 6 leadership and your tenacity on this issue. I 7 thank the other side of the aisle. And now 8 it's time for the Assembly to come along. 9 ACTING PRESIDENT MORAHAN: Thank 10 you, Senator. 11 Senator Volker. 12 SENATOR VOLKER: Mr. President, I 13 want to congratulate Senator Skelos for this 14 bill and thank him for all the work that he's 15 done to bring this to fruition. 16 Yeah, there are a couple of 17 glitches in the bill which will be taken care 18 of. Senator Skelos already has the 19 information. Like everything else, 20 occasionally there are some minor complaints 21 to bills. 22 But let me just say to you that -- 23 not that I want to defend the Senate, but I 24 strongly think that the bill is a lot stronger 25 than the Assembly's bill even with those

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(518) 371-8910 1 glitches. But I can assure you that for the 2 most part, the bill is much stronger, I think 3 personally will provide a great deal more 4 teeth in dealing with the issue of Medicaid 5 fraud. 6 Not an easy issue, because there's 7 some major problems involving counties as to 8 how you collect the money. And you're dealing 9 here with some of the most significant groups 10 of fraud people in this country. We've got to 11 deal with it. 12 Senator Skelos, I thank you for 13 sticking with it. And I thank you to 14 everybody here who has also stuck with it, by 15 the way. And this chamber is going to make 16 sure that we get a good, solid, Medicaid fraud 17 bill. 18 ACTING PRESIDENT MORAHAN: Thank 19 you, Senator. 20 Senator Farley. 21 SENATOR FARLEY: Thank you, 22 Mr. President. 23 I just want to rise up and say 24 that, Senator Skelos, this is an area that a 25 lot of people have worked on, and I applaud

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(518) 371-8910 1 you for it. It's certainly one of the most 2 significant things we'll be doing here. 3 And particularly, I urge everybody 4 in this chamber to try to get the Assembly on 5 board with this. Because for those of you 6 that care about the poor and the services that 7 they receive through Medicaid and so forth, 8 this really addresses the problem. 9 It also addresses the problem of 10 the financial stability of this state. I've 11 been serving here for a lot of years. There 12 are a lot of times where we had to go in and 13 cut things and slash and hold your nose on 14 budgets that were so draconian. But this is 15 an area to get billions of dollars and really 16 deliver it to the people that really deserve 17 it and need it. 18 We have one of the finest 19 Medicaid -- certainly one of the most 20 expensive Medicaid programs in the United 21 States, and yet we have done nothing to try to 22 go after some of the fraud. These are people 23 that are stealing from the poor. 24 And it's something that I applaud 25 the other side for their concern in this area.

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(518) 371-8910 1 And the other side of the aisle, you can be a 2 very helpful to us, particularly in the other 3 house, to get them to get to a conference 4 committee, put this situation behind us and 5 really attack the problem. 6 I think it's very, very important, 7 and I applaud all of us working together on 8 this issue. And I applaud the sponsor and the 9 people that have worked in this area, Senator 10 Meier and others. 11 Thank you very much, Mr. President. 12 ACTING PRESIDENT MORAHAN: Thank 13 you, Senator Farley. 14 Read the last section. 15 THE SECRETARY: Section 12. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Senator Hannon, to explain his vote. 22 SENATOR HANNON: I want to 23 support and vote yes for this bill because it 24 takes that portion of Medicaid, the Medicaid 25 fraud detection and prosecution, and seeks to

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(518) 371-8910 1 organize it in a logical fashion, streamline 2 it, and make one person accountable, a 3 Medicaid inspector general. It is the same 4 thing that should be done for the entire 5 Medicaid system. 6 Thanks to Senator Meier's work, 7 he's had the insight that there's nobody in 8 charge of the Medicaid system. So the 9 consequence to that is poor implementation, 10 poor planning, poor rolling out. 11 There needs to be an analysis of 12 this system, there needs to be a reformation 13 of this system. If you're going to be paying 14 $42 billion plus a year, the entire system 15 needs to be overhauled. 16 People have been proud that it pays 17 its bills well. That is such an admission of 18 failure. We should be looking at who are 19 being served in terms of medical needs and 20 care needs and who are not being served. 21 So part of what this bill addresses 22 is taking care of the fraud. We also need to 23 do it for the rest of the delivery system. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 Secretary will ring the bell. 2 Senator Marcellino, on the bill. 3 SENATOR MARCELLINO: Thank you, 4 Mr. President. Just to explain my vote. 5 I'd like to extend my 6 congratulations to Senator Skelos on his fine 7 piece of work, Senator Hannon, Senator Hannon, 8 all the others who have put their time and 9 effort into this. 10 I was privileged to be at one of 11 the hearings held on Long Island on this 12 particular issue. Very informative. 13 It is something we must do to 14 demonstrate to the hardworking, overburdened 15 taxpayers of this state that this Legislature, 16 this government is watching their dollars. 17 That's one of the prime concerns as 18 I go around door to door in my district and 19 talking to my constituents that they are 20 concerned about: We send you a lot of money. 21 What do you do with it? Where does it go? Is 22 somebody watching to make sure it's not being 23 stolen and it's not being misspent and it's 24 not being mishandled? 25 This bill will do just that, in a

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(518) 371-8910 1 very streamlined way. This is a bill that 2 everyone should be able to support in a 3 bipartisan way. We need the other house to 4 come to the table to negotiate those 5 differences that we have. But thanks to 6 Senator Skelos's lead on this issue, I think 7 we can rest assured that will be done. 8 I vote aye. 9 ACTING PRESIDENT MORAHAN: 10 Senator Balboni, to explain his vote. 11 SENATOR BALBONI: Mr. President, 12 this debate has centered for the most part on 13 the benefits of developing a system where we 14 can save the state money. 15 Now, two or three years ago that 16 motive alone would have had more impact. But 17 as we all know -- well, everybody except for 18 the Times Union editorial board -- the state 19 is doing very, very well in terms of its 20 surplus. We have a multi-billion-dollar 21 surplus, one of the first times that we've had 22 that in the state's history. 23 But that should not dissuade us 24 from this effort, because almost more 25 important from the savings is the fact that we

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(518) 371-8910 1 need to reinstitute integrity in what is 2 arguably the most important operation that 3 government does, and that is take care of 4 people's health. 5 And if we can't figure out how to 6 get rid of fraud in this size system, as 7 important as this system is, then we've failed 8 at one of our most basic responsibilities of 9 government. So let's make this the session, 10 Mr. Speaker, where we get done a budget on 11 time, surpluses, tax cuts and the Medicaid 12 fraud program. 13 I'm going to vote aye, 14 Mr. President. Thank you. 15 ACTING PRESIDENT MORAHAN: Thank 16 you, Senator Balboni. You will be recorded in 17 the affirmative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 504: Senator 21 Duane. 22 Absent from voting: Senator 23 Connor. 24 Ayes, 59. Nays, 1. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: If we could 4 return to motions and resolutions, I believe 5 there are several motions to be made at this 6 time. 7 ACTING PRESIDENT MORAHAN: 8 Motions and resolutions. 9 Senator Farley. 10 SENATOR FARLEY: Yes, thank you, 11 Mr. President. 12 On behalf of Senator Spano, I wish 13 to call up his bill, 2893B, which was recalled 14 from the Assembly and it's at your desk. 15 ACTING PRESIDENT MORAHAN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 282, by Senator Spano, Senate Print 2893B, an 19 act to amend the State Finance Law. 20 SENATOR FARLEY: Mr. President, I 21 now move to reconsider the vote by which this 22 bill passed. 23 ACTING PRESIDENT MORAHAN: The 24 Secretary will call the roll on 25 reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 SENATOR FARLEY: Mr. President, I 4 now offer the following amendments. 5 ACTING PRESIDENT MORAHAN: The 6 amendments are received. 7 SENATOR FARLEY: Mr. President, 8 amendments are offered to these following 9 Third Reading Calendar bills: 10 On behalf of Senator Robach, page 11 32, Calendar Number 854, Senate Print 6347; 12 On behalf of Senator Seward, page 13 39, Calendar Number 1013, Senate Print 7158; 14 On behalf of Senator Seward again, 15 on page 56, Calendar Number 1323, Senate Print 16 7737A; 17 On behalf of Senator Morahan, on 18 page 60, Calendar Number 1369, Senate Print 19 6273; 20 And on behalf of Senator Morahan 21 again, on page 68, Calendar Number 1495, 22 Senate Print 5859. 23 Mr. President, I move that these 24 bills retain their place on the Third Reading 25 Calendar.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 amendments are received, and the bills will 3 retain their place on the Third Reading 4 Calendar. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 901, by Senator Johnson, Senate Print 5270, an 8 act to amend the Civil Practice Law and Rules. 9 SENATOR HASSELL-THOMPSON: 10 Explanation. 11 ACTING PRESIDENT LITTLE: 12 Senator Johnson, an explanation has been 13 requested. 14 SENATOR JOHNSON: Yes. This bill 15 imposes a $100 million cap on the undertaking 16 of the bond that the master settlement 17 agreement, the cigarette manufacturers' master 18 settlement agreement have to post in order to 19 appeal a judgment. 20 This bill was passed three years 21 ago, and it was in response to a $12 billion 22 judgment -- my phone? 23 As I was saying -- you shouldn't 24 answer the phone when you're debating a bill. 25 (Laughter.)

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(518) 371-8910 1 SENATOR JOHNSON: Okay. This has 2 to do with the tobacco master settlement 3 agreement, which gives hundreds of millions of 4 dollars to states and localities every year 5 based on the settlement of the tobacco suit 6 we're all familiar with. 7 This case that took place in 8 Illinois in 2003 was a $12 billion judgment, 9 and the companies said there's no way they 10 could pay that judgment. And there was a 11 crisis for a moment until a decision was made 12 to limit the amount of a bond that must be 13 posted in order to appeal a judgment of this 14 kind. 15 Forty states have done that 16 already. Other states have other mechanisms 17 to limit the amount of money to be posted 18 while you're on appeal from a major judgment 19 like that. 20 We passed this bill last year. We 21 have to pass it again in order to safeguard 22 the payments that come to us on a regular 23 basis from the tobacco companies to us, to our 24 counties and towns and so forth. We passed it 25 last year at the request of our county

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(518) 371-8910 1 legislators. And everybody else wanted this 2 bill, we wanted it. We have to do it again. 3 Thank you. 4 ACTING PRESIDENT LITTLE: Senator 5 Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Madam President. On the bill very briefly. 8 ACTING PRESIDENT LITTLE: Senator 9 Schneiderman, on the bill. 10 SENATOR SCHNEIDERMAN: Quite a 11 few of us voted against this bill in 2004 and 12 2005, and the reason is very simple. 13 This is a piece of legislation that 14 in New York State is unprecedented. It would 15 amend the Civil Practice Law and Rules to 16 essentially provide that with regard to one 17 particular industry, the tobacco industry, the 18 requirement that a bond be posted after a 19 defendant loses a case in order to protect the 20 plaintiffs and their ability to recover from 21 the defendant, a defendant that has been 22 judged to be liable would be exempt from this 23 requirement. 24 It's really extraordinary. This 25 would cap a bond and say whatever the

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(518) 371-8910 1 findings, whatever the level of the judgment 2 is, if you lose a case and you're a tobacco 3 company, all you have to do is post a 4 $100 million bond. 5 Now, this is anticipatory relief. 6 There isn't a judgment out there yet. But 7 there is litigation against tobacco companies 8 accused of falsifying data, of lying. And we 9 know from other cases around the country there 10 have been extraordinarily disturbing 11 revelations about the conduct of the tobacco 12 industry. You know, for example, the 13 revelation that they have the ability to 14 produce cigarettes that were less addictive 15 and they intentionally produced cigarettes 16 that were more addictive in an effort to hook 17 young people. 18 So this legislation would single 19 out this one industry and say no matter what 20 the findings of fact are, no matter what the 21 judgment is, they get an exemption. Every 22 other industry in the state is subject to 23 these requirements, but the tobacco industry 24 gets an exemption from the requirement to post 25 a bond.

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(518) 371-8910 1 This is bad public policy. This is 2 not what we should be doing in the state of 3 New York. I understand that people say, Oh, 4 well, we want to ensure that the tobacco 5 companies stay alive so we get a stream of 6 revenue. We shouldn't be balancing our budget 7 by being hooked on tobacco revenue the same 8 way they hooked us on cigarettes many, many 9 years ago. 10 I urge everyone to vote no, Madam 11 President. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator Schneiderman. 14 Senator Volker. 15 SENATOR VOLKER: Madam President, 16 I just want to say, as somebody that once had 17 this bill, that I thank Senator Johnson for 18 it. 19 It really should be the chairman of 20 Finance that should carry this bill, because, 21 Senator, it's all well and good what you just 22 said, but if we lose that stream of revenue 23 from the tobacco companies, the State of 24 New York, our municipalities -- more than 25 municipalities, because a lot of them have

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(518) 371-8910 1 borrowed against it. 2 What this bill does is effectively 3 keep our municipalities, and whether we like 4 it or not, from the possibility of losing a 5 substantial revenue stream which, frankly, 6 could impact on healthcare, could impact on 7 all sorts of things. 8 And, you know, frankly, some of our 9 municipalities, and the County of Erie is one 10 of them, have, I think, not used it very 11 wisely. But whether they used it wisely or 12 not, if this bill didn't pass and if the 13 people -- and remember that the people that 14 are attacking the tobacco companies, many of 15 them are just irresponsible. They just want 16 to get out there and show that they're so 17 strong against tobacco and all that sort of 18 thing. 19 It's all well and good, but you've 20 got to realize the danger that's involved 21 here. And the answer is I know it's probably 22 good politics to vote against this. But I 23 would point out to you, one of the entities 24 that would be crippled if this bill didn't 25 pass and if the attacks on the tobacco

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(518) 371-8910 1 companies increase would be the City of 2 New York that could take a huge hit somewhere 3 down the line if they don't get the tobacco 4 money. 5 So, you know, it's the old saying, 6 sometimes it's a Hobson's choice. I take the 7 Hobson's choice on behalf of the City of 8 New York and the State of New York and the 9 County of Erie and the City of Buffalo. So 10 that's why I'm going to vote for this bill. 11 ACTING PRESIDENT LITTLE: Thank 12 you, Senator Volker. 13 Is there any other Senator wishing 14 to be heard? 15 The debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 30th day. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 901 are 25 Senators Andrews, Coppola, Diaz, Dilan, Duane,

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(518) 371-8910 1 Hassell-Thompson, L. Krueger, C. Kruger, 2 Oppenheimer, Parker, Paterson, Sampson, 3 Savino, Schneiderman, Serrano, A. Smith, 4 Stavisky and Valesky. 5 Absent from voting: Senator 6 Connor. 7 Ayes, 42. Nays, 18. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1160, by Senator Padavan, Senate Print 409, an 12 act to amend the Executive Law. 13 SENATOR MONTGOMERY: Explanation. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Padavan, for an 17 explanation. 18 SENATOR PADAVAN: Thank you, 19 Madam President. I'll try and be very brief, 20 because we have on prior occasions dealt with 21 this bill. Unfortunately, it's a law that is 22 necessary -- shouldn't be, but it is. 23 What it simply says, very directly, 24 is that there shall be cooperation between 25 local law enforcement and the Attorney General

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(518) 371-8910 1 when someone is arrested -- and I put a big 2 underline under that word "arrested" -- for 3 committing a crime under state law, that their 4 action, when they suspect, based on reasonable 5 data or information, that that person is an 6 illegal immigrant, they should make a referral 7 and in effect cooperate with federal 8 authorities relevant to that particular 9 individual or individuals. 10 That is the essence of this bill. 11 ACTING PRESIDENT LITTLE: Thank 12 you, Senator Padavan. 13 Is there any other Senator wishing 14 to be heard? 15 Senator Diaz. 16 SENATOR DIAZ: Thank you, Madam 17 President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. Senator Diaz, on the bill. 20 SENATOR DIAZ: I believe that the 21 immigrant in the nation has been contributing 22 to this nation in a very positive way. Living 23 in New York City and New York State, there are 24 a great number of immigrants that are working 25 very hard and that are doing everything

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(518) 371-8910 1 possible to contribute to the development and 2 the betterment of the state. 3 I believe that this bill is an 4 anti-immigrant bill. And why would I say 5 that? I say that because we already have laws 6 in the state and in the nation to deal with 7 immigration. And the Department of 8 Immigration and Naturalization in the federal 9 government has all the tools to deal and to 10 find out if anyone is illegal or do not have 11 the proper documentation to be in this 12 country. 13 The local police officer and the 14 local authorities, their job are to prevent 15 crime and to be sure that the people who are 16 arrested for crimes under the State of 17 New York be processed. To add and to make the 18 local authorities a branch of the Immigration 19 Department and to make the police officers of 20 the City of New York and the State of New York 21 and anywhere in the State of New York to be 22 FBI, dealing or trying to find out if the 23 person is undocumented, I mean, that opens the 24 door for racism, that opens the door for 25 discrimination, that opens the door for what

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(518) 371-8910 1 you call -- what you call targeting black, 2 Hispanic or people that looks different to be 3 subject to that kind of abuses. 4 So I think that maybe the intention 5 of Senator Padavan will be good, but dealing 6 with the immigrant situation and the way that 7 we are working to make immigrants legal in 8 this country and to protect their rights, I 9 don't believe that today this chamber and this 10 body should get involved in ordering the 11 police officers to get involved and to be a 12 branch of the Immigration Department. 13 I think that I ask my colleagues 14 when they vote on this bill to think, to 15 think, immigrants are doing a lot for this 16 country and for this state. And don't allow 17 the 9/11 situation to be used to discriminate 18 and to abuse and to start stopping everybody 19 in the street because they look different than 20 you are. 21 So I'm voting no, and I ask my 22 colleagues to vote no on this bill. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Serrano.

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(518) 371-8910 1 SENATOR SERRANO: Thank you, 2 Madam President. 3 I rise in opposition to this bill, 4 as I have in the past on similar bills that 5 again create impediments and create the wrong 6 signal for immigrants in our state. 7 We know that immigration is the 8 basis and foundation of this society, of this 9 nation, is what makes this nation great. Yet 10 we continue to see bills, legislation -- both 11 on the federal level and the failure there, 12 and here on the state level -- that continues 13 to say to immigrants that even though you're 14 hardworking, even though you care about the 15 American dream, even though you care to 16 continue to build this nation, we are going to 17 do things to make you feel unwelcome. 18 SENATOR PADAVAN: Madam 19 President, will the Senator yield? 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Padavan requests you to 23 yield. Will you yield, Senator Serrano? 24 SENATOR SERRANO: Yes, I will 25 yield.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Senator yields. 3 SENATOR PADAVAN: Senator, where 4 in this bill do you see any reference to 5 hardworking, law-abiding immigrants? Where do 6 you see that? Do you see a reference to 7 someone who's been arrested for committing a 8 crime? 9 The question I will ask of you, if 10 someone in your district raped, murdered or 11 committed a crime against one of your 12 constituents -- who might also have been an 13 immigrant, by the way -- and then the police 14 determined, in the course of their 15 investigation, that that person is here 16 illegally, don't you think a referral to the 17 federal authorities is appropriate under those 18 circumstances? 19 SENATOR SERRANO: Through you, 20 Madam President. My answer is no, Senator, I 21 do not think that the local law enforcement 22 officials should be getting involved in issues 23 of immigration. 24 And you know, Senator, as well as 25 anyone else that many immigrants are targeted

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(518) 371-8910 1 unfairly for arrest and that many are arrested 2 unjustly. So we can't use that as a barometer 3 to decide if we should have immigration issues 4 involved. So there's huge problems there. So 5 the answer is no. 6 So back to my original statement, I 7 think that this sends the wrong message. And 8 it is ethnic and racial profiling to have a 9 bill like this. And it is also damaging to 10 our economy, because many of the immigrants 11 here, regardless of the status that are put 12 upon them -- legal or illegal, I don't like to 13 use those terms -- are working in industries 14 that are the underpinning and the foundation 15 of the economy in the state of New York. 16 We need to do a better job. We 17 need to hold onto the principles of this 18 nation in welcoming immigrants instead of 19 creating impediments, instead of using 9/11 as 20 an excuse to close the door on immigrants. 21 These are the wrong types of bills. 22 We should be doing more to increase 23 the opportunities for new immigrants, to 24 remove the barriers that they are facing on a 25 regular basis, barriers to citizenship that we

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(518) 371-8910 1 are seeing all the time. 2 And I ask my colleagues to vote 3 against this bill, to send a strong message 4 that we are a pro-immigrant state and that we 5 understand that that is the legacy of this 6 nation and that we will not turn away from the 7 founding principles of this great nation. 8 Thank you. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Parker. 12 SENATOR PARKER: Thank you, Madam 13 President. On the bill. 14 ACTING PRESIDENT LITTLE: Thank 15 you. Senator Parker, on the bill. 16 SENATOR PARKER: Thank you very 17 much. 18 I actually want to add my voice to 19 the chorus of my colleagues who are opposed to 20 this bill. I don't know if I can be more 21 eloquent than Senator Serrano has been this 22 afternoon on this. But I think it is 23 important that we emphasize that here we are 24 at the end of another session and here we are 25 once again with another anti-immigrant bill.

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(518) 371-8910 1 As I've said in the past, I believe 2 that some members of this body have the 3 Mayflower complex. In other words, they 4 believe that, you know, their relatives 5 arrived here on the Mayflower and no one else 6 has any rights to any of the resources or 7 accessibility of the freedoms of this 8 country -- 9 ACTING PRESIDENT LITTLE: Excuse 10 me, Senator Parker. 11 SENATOR PADAVAN: Will he yield? 12 ACTING PRESIDENT LITTLE: Senator 13 Padavan. 14 SENATOR PADAVAN: What did you -- 15 what complex did you say I have? 16 ACTING PRESIDENT LITTLE: Senator 17 Parker, do you yield? 18 SENATOR PARKER: I do yield. 19 ACTING PRESIDENT LITTLE: Thank 20 you. The Senator yields. 21 SENATOR PADAVAN: What complex 22 did you say I have, Senator? 23 SENATOR PARKER: I didn't say you 24 have. I said members of this chamber, many of 25 them have a Mayflower complex. They believe

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(518) 371-8910 1 that -- like they came on the Mayflower and no 2 one else has the -- 3 SENATOR PADAVAN: As a matter of 4 fact, Senator, my grandparents came here as 5 immigrants -- 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senators, through the chair. 8 SENATOR PADAVAN: -- to Ellis 9 Island. I wouldn't be here otherwise. And I 10 resent that remark. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Parker, through the chair, 14 please. 15 SENATOR PARKER: Okay. Well, I'm 16 sorry that people may have resentment. Then 17 they should look, you know, more carefully at 18 the bills they're putting on the floor. 19 The reality is I, like many other 20 people in this state, represent immigrants. 21 And we represent, you know, people who don't 22 oftentimes get a fair shake exactly because 23 they're immigrants. 24 And Senator Serrano was exactly 25 right. Though you may in fact just see this

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(518) 371-8910 1 simply as a matter of the police cooperating 2 with Customs and Homeland Security, but the 3 reality is is that people are discriminated 4 against because they're immigrants every 5 single day, in the same way that people are 6 discriminated against because they're black or 7 because they're Latino or because they're 8 women or because they have some other kind of 9 identifiable trait. 10 And the reality is that you have 11 people coming to communities like mine in 12 Ditmas Park, in -- 13 ACTING PRESIDENT LITTLE: Excuse 14 me. Senator Parker, excuse me. 15 Senator Marcellino. 16 SENATOR MARCELLINO: Will Senator 17 Parker yield for a question? 18 ACTING PRESIDENT LITTLE: Senator 19 Parker, do you yield? 20 SENATOR PARKER: I do yield. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR MARCELLINO: Senator 24 Parker, is there anything in this bill or 25 anyplace in this bill that you read the

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(518) 371-8910 1 language or you read the word "race," that you 2 read the words "black," "white," "pink," 3 "green," any race, any religion, any ethnic 4 group? 5 SENATOR PARKER: Senator 6 Marcellino, it doesn't have to say it. It 7 doesn't have to say it. Because I know who 8 the immigrants are in my district. 9 SENATOR MARCELLINO: Are you 10 telling me, Senator -- 11 SENATOR PARKER: -- who the 12 immigrants are in the City of New York. 13 ACTING PRESIDENT LITTLE: Excuse 14 me. Excuse me. Senator Parker, one moment. 15 Would you answer the question for Senator 16 Marcellino, please. 17 SENATOR PARKER: I am answering 18 it through you, Madam President. 19 The answer to the question is I 20 don't need to see those things in the bill to 21 know the impact of the bill. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 SENATOR PARKER: The reality is 25 when you start talking about public policy and

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(518) 371-8910 1 you talk about implementation of public 2 policy, you have to understand how it gets 3 translated in the street. And so we can stand 4 here in Albany and talk about how we believe 5 it gets translated. However, I have to return 6 at the end of the week to Flatbush and to East 7 Flatbush, to Canarsie, to Ditmas Park, to 8 Midwood and to Borough Park, places where 9 actual immigrants live. 10 And I know how the police 11 department in those communities treat my 12 constituents. I know what the FBI does when 13 they come through and make sweeps through my 14 constituency and the fear and terror that is 15 invoked upon my residents, upon the people I 16 represent every single day. 17 And I would be criminal if I stood 18 here and allowed this bill to pass without any 19 comment on how I know it's going to be 20 implemented. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Marcellino. 24 SENATOR MARCELLINO: Will the 25 Senator yield for another question?

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Parker, do you yield for 4 another question? 5 SENATOR PARKER: Yes, Madam 6 President, I do. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 The Senator yields. 10 SENATOR MARCELLINO: Senator, do 11 you think a nation or a state should have any 12 control over who comes in and out of their 13 borders or of their country? 14 ACTING PRESIDENT LITTLE: Senator 15 Parker. 16 SENATOR PARKER: Madam President, 17 through you. I do believe that they should, 18 and I think that that's the federal 19 government's responsibility and I think that 20 the federal government should continue to do 21 its job. 22 However, neither the New York City 23 Police Department, the state troopers nor the 24 municipal police departments has any 25 responsibility, according to our Constitution,

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(518) 371-8910 1 in that role and responsibility. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Marcellino. 5 SENATOR MARCELLINO: Would the 6 Senator continue to yield? 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Parker, do you continue to 10 yield? 11 SENATOR PARKER: Yes, Madam 12 President, I do continue to yield. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 The Senator yields. 16 SENATOR MARCELLINO: Senator, 17 will you agree that if someone commits a crime 18 they should be arrested and punished to the 19 fullest extent of the law? 20 SENATOR PARKER: Madam President, 21 through you, I absolutely believe that they 22 should be arrested and -- if they have in fact 23 committed a crime. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Marcellino. 2 SENATOR MARCELLINO: If Senator 3 Parker would continue to yield. 4 ACTING PRESIDENT LITTLE: Thank 5 you. Senator Parker, do you continue to 6 yield? 7 SENATOR PARKER: Yes, Madam 8 President, I do continue to yield. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 The Senator yields. 12 SENATOR MARCELLINO: Senator, 13 will you agree with me that this bill talks 14 about those people who came here illegally who 15 committed a crime are the only ones who need 16 to be worried about anything in this bill? 17 SENATOR PARKER: Madam President, 18 through you. I believe, from reading this 19 bill and knowing not only the context of this 20 bill but also how the police departments and 21 law enforcement works throughout this country, 22 that this is an issue that is going to extend 23 beyond just people who are arrested. It is 24 going to be -- it is going to extend to every 25 single person who may be in fact perceived to

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(518) 371-8910 1 be an illegal immigrant. Which may be any one 2 of us. 3 And I believe that the undue 4 consequence of this bill will in fact mean 5 that we're going to be giving up many of our 6 rights that we enjoy as American citizens. 7 SENATOR MARCELLINO: Madam 8 President, would the Senator continue to 9 yield? For one more question. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Parker, do you continue to 13 yield? 14 SENATOR PARKER: Yes, ma'am, I do 15 continue to yield. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The Senator yields. 19 SENATOR MARCELLINO: Senator 20 Parker, correct me if I'm wrong, but what 21 you're saying is you believe that the New York 22 State troopers, the Police Department of the 23 City of New York, the Federal Bureau of 24 Investigation are racist? 25 SENATOR PARKER: Madam President,

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(518) 371-8910 1 through you. Unfortunately, because we have 2 not passed my bill, which would actually 3 provide for a study of racial profiling in 4 this state -- 5 SENATOR MARCELLINO: I didn't ask 6 you for a study. I asked if you think these 7 agencies of law enforcement, the FBI -- as you 8 said at the beginning of your statement, the 9 FBI, the New York City Police Department, the 10 troopers of the State of New York, are they 11 racist? 12 SENATOR PARKER: Madam President, 13 through you. Again, I believe that if we pass 14 the bill that I have on racial profiling, 15 which provides for a study, we would know that 16 for certain. 17 But I certainly know what my 18 constituents deal with for an absolute fact. 19 What has happened in the Pakistani community 20 in my district, where people have been stopped 21 and frisked simply because they're Muslim and 22 simply because they're Pakistani. I know what 23 happens in my community with people who are of 24 African-American descent and Caribbean 25 descent. I know what's happened to me,

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(518) 371-8910 1 Senator Marcellino, as I travel up and down 2 the roads of I-95 as a state legislator 3 representing my people in Albany. 4 So absolutely I know. And I know 5 that there are in fact -- not everyone is 6 racist, but in fact some of the systems are 7 racist, some of the legislation that comes out 8 of this body and out of Albany is racist. And 9 absolutely, some of the ways that these bills 10 get, again, unintended consequences of -- some 11 of this legislation gets carried out in a very 12 racist manner when it hits the street. 13 SENATOR MARCELLINO: Thank you, 14 Madam President. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Just as a reminder and as a point 18 of information, when two senators speak at the 19 same time, the stenographer cannot get an 20 accurate record of what is going on. 21 Senator Balboni. 22 SENATOR BALBONI: You done? 23 No, he's still talking. 24 SENATOR PARKER: I'm still on the 25 bill. I thought I was still on the bill.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: I'm 2 sorry. Senator Parker, on the bill. 3 SENATOR PARKER: Thank you very 4 much, Madam President. 5 I'm really hoping that we will vote 6 no on this bill today. You know, I recognize 7 that people are afraid. I recognize that 8 especially since 9/11, people are concerned 9 about our borders. We're certainly concerned 10 about any kind of illegal activity that's 11 happening. 12 But we also -- I think there's a 13 way to, in fact, deal with those, deal with 14 illegal activity without in fact creating a 15 state of panic, a state where our Zionist 16 tendencies take over and we start looking at 17 everybody and every one of our neighbors as 18 somebody that is other. 19 And that certainly when we start 20 empowering the police, the municipal police 21 and the State Police, who have no jurisdiction 22 over Customs and over Immigration, when we 23 start, you know, empowering them with 24 responsibilities they should not have, we 25 certainly run the danger of taking the thing

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(518) 371-8910 1 that is most important to our communities, 2 which is our freedom -- that's why people come 3 to this country. That's why many of our 4 ancestors came to this country, for the 5 freedoms. 6 And the reality is when we pass 7 bills like this, we erode the freedoms that 8 the founders intended us to have, we erode the 9 freedoms that our troops right now are 10 fighting all over the world for us to have. 11 And I certainly hope that people 12 understand that, that people vote no, that we 13 hold onto the original intentions of freedom 14 and democracy in this country, that we make 15 sure that we are not looking at the very 16 lifeblood of our communities in our state, 17 which are immigrants. 18 The lifeblood of this city, of the 19 city of New York, and the lifeblood of the 20 state of New York are its people. And 21 immigrant communities add as much as anyone 22 else to that lifeblood, and we should not 23 taint it with this legislation. 24 Thank you very much. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Balboni. 3 SENATOR BALBONI: Madam 4 President, I was not going to speak on this 5 issue, but given what has happened nationally, 6 what continues to happen here in this state, I 7 thought I might just offer the following 8 observation. And this comes from my work in 9 the national government on the Real ID Act, 10 which is the -- I was involved in the 11 implementation process by the Department of 12 Homeland Security in a law that now says that 13 all Americans must have the same driver's 14 license and it must have the same security 15 features and you must go through the same 16 checks in terms of status, immigration status 17 and verification of address. 18 And it's in the course of that 19 discussion that I think all of the emotions 20 and issues that have been evidenced here this 21 afternoon come into play and interconnect. 22 There have been references to 9/11 23 and how that somehow changed the dialogue in 24 this nation, and that we are cautioned that we 25 shouldn't use that as a veil for

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(518) 371-8910 1 discrimination. Likewise, there is a concern 2 about the immigration community and the 3 prevalence of racism or the ability to have 4 law enforcement not be as unbiased as it could 5 be. All those concerns are things that need 6 to be examined, but not in the context of this 7 legislation. 8 If I were to take and adopt the 9 logic of my friend Senator Serrano and my 10 friend Kevin Parker, that because there 11 exists -- and I will admit that there are in 12 any system, in any country, facets of the 13 system that are, in fact, racist and that are 14 not unbiased. But in order -- but following 15 your logic, then, we would not have a penal 16 law until we fixed those issues. 17 And there is a great irony in that, 18 plus a huge impracticality. That would be 19 like saying, Senator Parker, that until we fix 20 the racism that might be inherent in our 21 judicial system, that we should suspend any 22 laws for murder. That's absurd. 23 But your point is well taken in 24 that there are injustices that must addressed. 25 But again, not in the context of this

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(518) 371-8910 1 legislation. 2 We have a knee-jerk reaction to 3 anything that is immigrant- or immigration- 4 related in this country now, thanks to how 5 this has been brought up in the media and 6 portrayed as an us-versus-them, in almost a 7 civil war context. And that doesn't help 8 anybody. That doesn't help the immigrant 9 community, and that doesn't help the American 10 public. Because we are a nation of 11 immigrants. That is our strength. But 12 unfortunately, we only see things through the 13 prism of you versus me. And that's wrong. 14 But if you read this bill, the only 15 thing this bill says is that if you are 16 arrested, that the law enforcement officer 17 will make an inquiry as to your status. 18 That's it. 19 Now, compare this approach with 20 what happens in Europe. I traveled to a 21 little town in Czechoslovakia before the Wall 22 fell, called Bratislava. Within the space of 23 three blocks, I and my family were stopped 24 three times by law enforcement officials 25 asking me for my visa, for my passport, and

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(518) 371-8910 1 for my license. Three times. And they 2 weren't friendly about it. And they had 3 submachine guns. 4 I mean, sometimes we get crazy with 5 our own system. This is not a bad idea, 6 because you know what? You know who we may be 7 saving? We may be saving the other members of 8 the immigrant community. 9 And the work that I've done on 10 gangs, here's the one thing I know. You know 11 who are the victims of gangs in the 12 Salvadorian communities? The Salvadorians. 13 They don't go after the white folks. They go 14 after the people in their own neighborhood, 15 and they prey on them. 16 And the single best thing I can do 17 as a legislator for the immigrant communities 18 are so important to me is to make sure they're 19 safe too, as well as the white folks are safe. 20 That's why you've got to enforce the laws. 21 And doing this is a good way to do 22 it, because all it says is we're going to make 23 an inquiry. And then we're going to notify 24 people as to your status. That's all it does. 25 It doesn't say that you've got to go after

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(518) 371-8910 1 immigrants, it doesn't say there's an extra 2 penalty if you're an illegal immigrant. It 3 says none of that. 4 Now, I know for a fact that members 5 of the law enforcement community are not happy 6 with this bill. They don't want to be saddled 7 with the responsibility of doing this. It's 8 the truth. 9 But you know what? As a 10 legislature, I think we need to do that, 11 because we need to have less of a disconnect 12 between what goes on in Washington with 13 immigration policy and what goes on in the 14 street. That's the problem here, ladies and 15 gentlemen. 16 And, de facto, the implementation 17 of the Real ID is going to create this local 18 immigration interface. It's going to happen. 19 Because when you have the Real ID in effect, 20 if you don't have it, well, then, people are 21 going to suspect you're not here legally. So 22 the cop who stops you on the street is going 23 to be forced, de facto, to inquire as to your 24 immigration status. So Senator Padavan's 25 amendment here of the law is in fact a

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(518) 371-8910 1 precursor to what's going to come down the 2 pike as a result of federal law anyway. 3 But let me take this opportunity to 4 just weigh in for two seconds on immigration 5 generally. You know what the answer to 6 immigration is? The United States should do 7 something it has never done. It should invest 8 in immigration. It should spend billions of 9 dollars on the immigration system so the 10 hardworking men and women who have come here 11 and who are not legal in this country can 12 become legal. So you don't have to line up 13 for blocks around Foley Square every day, and 14 you get processed in more than a year or two 15 years. 16 But then, once that investment is 17 done and there's a suitable time period -- 18 let's say a year -- then the message should go 19 out: If you're here illegally after you've 20 gotten a chance to become a citizen, now 21 you're not welcome. Because now you've broken 22 the law. 23 That's what rubs everybody the 24 wrong way. Immigrants who have come here 25 law-abiding and have become citizens resent --

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(518) 371-8910 1 I'm not talking about native-born Americans, 2 which you could argue were Indians. I'm 3 talking about folks from Portugal, folks from 4 El Salvador, folks from all over the Asian 5 countries who have come here and become 6 citizens. They resent this debate that says 7 we should do amnesty, because they did it the 8 right way. They went through the laws. 9 And so folks that are saying, you 10 know, let's just give everybody amnesty, that 11 is short-sighted and wrong, in my opinion. 12 But the key here is the rule of 13 law. Because it is not only for the benefit 14 of those who are wealthy or here beforehand, 15 it is for the benefit of the immigrant 16 communities. It's so crucial. 17 This is not that big a deal. This 18 is consistent common sense when it comes to a 19 very emotional issue. But at the same time, I 20 completely appreciate your sensitivity to the 21 immigration issue. And it's appropriate. 22 Just try not to have a knee-jerk reaction 23 anytime this issue is brought up. Because I 24 believe that this bill in particular is a 25 sensible approach to a very, very difficult

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(518) 371-8910 1 topic. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator. 5 Senator Larkin. 6 SENATOR LARKIN: Madam President, 7 after listening to Mike Balboni, I ought to 8 sit down. 9 But, you know, I've read this eight 10 times since we've been debating it. It's a 11 two-page -- a page and a half by Senator 12 Padavan. 13 You know, I've heard since 9/11 14 from that side of the aisle and their people 15 in Washington and others: We need greater 16 cooperation, the FBI and the CIA and the local 17 cops. The New York City Police Department 18 wasn't involved in it. There was an incident 19 that happened, and nobody transferred the 20 information backwards forwards. 21 Now, if you read this, any 22 sixth-grader could read this and it says: 23 "With respect to any person who is so arrested 24 and who is reasonably suspected of being 25 present in the United States in violation of

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(518) 371-8910 1 federal immigration laws, every law 2 enforcement agency shall do the following." 3 And it goes on: Attempt to verify the status. 4 Is he a citizen of the United States, an alien 5 lawfully admitted as a permanent resident, a 6 person who is otherwise authorized under 7 federal law, is an alien, is something else. 8 And it tells what happens and what you do. 9 What's wrong with it? I hear you 10 complain that nobody is coordinating and 11 cooperating with anybody else and everything 12 is the Republicans' fault. 13 Now Senator Padavan has put 14 something in that says we're going to stop 15 that, we're going to make sure it's done 16 right, we're not going to infringe on the 17 rights of anybody, we're going to do it the 18 right way. This is our local people being 19 participants with county, federal agencies, 20 whether it's Immigration, the FBI, or what 21 agency it might be. 22 But anybody who reads this and 23 says, oh, this is to stake out against this 24 one, this is this -- you know what it is? 25 It's you're ashamed to admit that we need to

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(518) 371-8910 1 cooperate with one another. Ashamed. 2 This is a serious matter. We just 3 talked about New York City losing a ton of 4 money from Homeland Security. But yet when we 5 have an opportunity to say let's make sure 6 that what we do we do right, we're not going 7 to hinder somebody, we're going to verify 8 their status and then, if it's so, we'll do 9 one of two things, let them go or report it. 10 Report it to the Attorney General. Report it 11 to the Bureau of Customs. Report it to the 12 immigration office. 13 Come on, let's get real. We're 14 here supposedly to do the people's business. 15 And what are we doing? We're arguing about 16 something that we should be proud to be a part 17 of, to ensure that we protect those that are 18 legal and, for those that are not, we bring 19 them together so we can address the issue. 20 We talk about immigrants. My 21 parents came from the other side of the ocean, 22 as most of us did. They came here and they 23 did it the legal way. What we ought to be 24 thinking about is how do we do and straighten 25 it out.

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(518) 371-8910 1 But the biggest issue is let's 2 address the issue of how do we verify somebody 3 and what does that local agency do. Because 4 more times than ever, we'll find that the 5 locals have a bigger impact on stopping 6 someone, verify them and reporting it up the 7 line. 8 If you're ashamed of that or you're 9 afraid of that, my question to you is, what 10 are you afraid of? Don't you want your 11 community to be safe? What you're saying 12 today is, oh, no, it's going to be bad for my 13 side and it's going to be bad here. No, it's 14 not. It's going to say that you're a good 15 American and that you want the fair treatment 16 for everybody. 17 ACTING PRESIDENT LITTLE: Thank 18 you, Senator. 19 Senator Diaz. 20 SENATOR DIAZ: Thank you, Madam 21 President. Would the sponsor yield for a 22 question? 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Padavan, do you yield for a

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(518) 371-8910 1 question? 2 SENATOR PADAVAN: Yes. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The Senator yields. 6 SENATOR DIAZ: Senator Padavan, 7 when the bill says that when a person is 8 arrested, when someone is arrested in the 9 state of New York for killing anybody, what is 10 the procedure there? 11 SENATOR PADAVAN: What does this 12 bill call for? 13 SENATOR DIAZ: No, no. What is 14 the procedure now when someone is arrested? 15 SENATOR PADAVAN: When someone is 16 arrested committing a crime? Obviously 17 there's an investigation, the DAs prosecute, 18 and whatever actions take place thereafter 19 within our criminal justice system will occur. 20 SENATOR DIAZ: And the person 21 will be found -- through you, Madam President. 22 And the person will be found guilty or 23 innocent in the court of law; right? 24 SENATOR PADAVAN: Will be found 25 what?

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(518) 371-8910 1 SENATOR DIAZ: And the person 2 will be -- he or she will be found guilty or 3 innocent in the court of law? 4 SENATOR PADAVAN: Yes. 5 SENATOR DIAZ: And if the person 6 is found -- through you, Madam President, will 7 the Senator continue to yield? 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Padavan, do you continue to 11 yield? 12 SENATOR PADAVAN: Yes. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 The Senator yields. 16 SENATOR DIAZ: After a person is 17 arrested and going through the process of the 18 law and the person is found innocent, what 19 happens to that person? 20 SENATOR PADAVAN: With regard to 21 this legislation? 22 SENATOR DIAZ: No, no. Right 23 now, according to the law. 24 SENATOR PADAVAN: If they're 25 innocent, they're innocent. I don't

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(518) 371-8910 1 understand your question. 2 SENATOR DIAZ: I'm going there. 3 The person will be sent home; 4 right? 5 SENATOR PADAVAN: Pardon? 6 SENATOR DIAZ: Will be released, 7 the person will be released, sent home. 8 SENATOR PADAVAN: Yes, obviously. 9 SENATOR DIAZ: So right now, if 10 in your bill -- through you, Madam President, 11 I'm sorry. Will the Senator -- 12 SENATOR PADAVAN: Yes. Yes, I 13 will. 14 ACTING PRESIDENT LITTLE: The 15 Senator continues to yield. 16 SENATOR DIAZ: Thank you. 17 So right now, in your bill, if I am 18 driving, I'm an illegal, I have no papers -- 19 oh, no, better than that, I forgot all my 20 papers, I lost all my papers. I'm Puerto 21 Rican, I'm a citizen, but I lost all my 22 papers, and I'm driving and I get arrested 23 and -- 24 SENATOR PADAVAN: Can I ask what 25 you were arrested for?

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(518) 371-8910 1 SENATOR DIAZ: Huh? 2 SENATOR PADAVAN: May I find out 3 what you were arrested for? 4 (Laughter.) 5 SENATOR DIAZ: Because I was 6 driving -- for whatever reason, I was stopped. 7 Because I was black, I was stopped. Whatever 8 the reason. Whatever the reason, I was 9 stopped and I was arrested because I don't 10 have a -- 11 ACTING PRESIDENT LITTLE: Excuse 12 me, Senator Diaz. Through the chair, please. 13 Direct your question more directly to Senator 14 Padavan through the chair. 15 SENATOR DIAZ: I'm sorry. I'm 16 sorry, Madam President, through you. 17 ACTING PRESIDENT LITTLE: Your 18 question? 19 SENATOR DIAZ: I'm arrested 20 because I lost all my papers. I am a legal 21 United States citizen. I lost all my papers, 22 but I was arrested -- 23 SENATOR PADAVAN: Senator, you 24 haven't read the bill. The arrest referred to 25 here is an arrest for committing a crime under

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(518) 371-8910 1 state law. Such as assault, robbery, murder, 2 rape, any of those categories and many others. 3 SENATOR DIAZ: Thank you. To 4 speak on the bill, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Diaz, on the bill. 8 SENATOR DIAZ: Senator Balboni, 9 in his lecture to us -- Senator Balboni, in 10 his lecture to us, said it is not a big deal, 11 that this bill, it is not a big deal. 12 Ladies and gentlemen, the bill is 13 not only a big deal, it is very dangerous. 14 You have to live, Senator Balboni and all of 15 my friends here, you have to live and reside 16 in our neighborhoods for you to be able to 17 understand the process that -- what goes 18 through our neighborhood. 19 You come from a different 20 neighborhood, and you think that everything is 21 roses in your neighborhood. Even I am a state 22 senator, and when I'm stopped I get different 23 treatment than when you are stopped in your 24 district. So you have to live, you have 25 really, really live in our neighborhood so you

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(518) 371-8910 1 could understand what is it that we are 2 opposed in this bill. Because in our 3 neighborhood, the treatment is very different. 4 The Senator over there asked if 5 Senator Parker believed that the FBI and the 6 police department are racist. That's what he 7 asked. Ladies and gentlemen, you really have 8 to live in our district, you have to really 9 walk our streets, go out on there, so then you 10 could -- you will have an answer to that 11 question. 12 The treatment is very different. I 13 was a member of the Civilian Complaint Review 14 Board in the City of New York for three years. 15 I represented the County of the Bronx as a 16 commissioner in the Civilian Complaint Review 17 Board, three years. And I studied cases and I 18 saw complaints -- you got to see the things 19 that go on over there, you got to see the 20 things that happens in the City of New York. 21 And by the way, by the way, ladies 22 and gentlemen, when a police officer, for 23 whatever reason it is, stop you and curse you 24 and call you names, that doesn't happen in 25 your district. No, that doesn't happen in

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(518) 371-8910 1 your district. In your district, when they 2 stop you: Oh, madam, your paper, please. 3 Yes, sir. Oh, yes, sir. Oh, yes, ma'am. In 4 our district, they call you with an F, and 5 when you -- shut your F mouth. That's what 6 happens in our district. 7 So you have to really live in our 8 district for you to understand where we coming 9 from. So it's a different story. Fernando 10 Ferrer used to say two cities. It's two 11 worlds. Go, go to my world, come to the South 12 Bronx and paint yourself black and walk with 13 me in the streets. And you, you will find out 14 the different story. 15 See, me being a senator, state 16 senator, oh, that's worth a lot in your 17 district. Oh, yes, you are a god in your 18 district, as state senator. In my district, 19 ah -- 20 (Laughter.) 21 SENATOR DIAZ: -- get out of 22 here. So that's what we say when a police 23 officer really stop you for no reason and 24 handcuff you. 25 And, you know, on the Civilian

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(518) 371-8910 1 Complaint Review Board I learned and I saw 2 police officers abusing and using excessive 3 force, and then they arrest you. They pull 4 you on something so when you made the 5 complaint, you have no complaint. That's what 6 happens in our district. 7 So to walk in -- hey, I seen black 8 people walking in white districts and they 9 don't even want them there. 10 So when you were talking about they 11 are -- the FBI and other people are racist, 12 Senator Parker said no. Or I don't know what 13 he say, he say -- he went around. But I'm 14 telling you, come to my district. Paint 15 yourself black, come and see what's happening 16 there. Come and see how the police officers, 17 when they stop you, how -- the way they 18 behave. Different than Senator Balboni. 19 Senator Balboni, when I go to see 20 my pastor members in your district, oh, they 21 think you are god over there. 22 SENATOR BALBONI: Will Senator 23 Diaz yield for a second? 24 ACTING PRESIDENT LITTLE: Thank 25 you, Senator Balboni.

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(518) 371-8910 1 SENATOR DIAZ: Let me finish 2 my -- 3 ACTING PRESIDENT LITTLE: Will 4 you yield for a second, Senator Diaz? 5 SENATOR DIAZ: Madam Chairman, 6 let me finish my line of thought and then I 7 will yield. 8 ACTING PRESIDENT LITTLE: The 9 Senator will not yield for a question. 10 SENATOR DIAZ: Yeah, let me 11 finish my line of thought. Because, you know, 12 then I lose my thought and . . . 13 This bill says when a person is 14 arrested -- and that is really the key, the 15 key sentence here, when a person is arrested, 16 the police officer will try to investigate if 17 the person is really a documented person or 18 not. When the person is arrested. 19 Everybody will be arrested in my 20 neighborhood for whatever reason, as I said 21 before. As I said before, I am a legal 22 resident, I am a United States citizen. And 23 if I lose any papers and I'm driving or I do 24 whatever, I'm walking, and then they stop me, 25 they could arrest me for not having my papers.

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(518) 371-8910 1 And when I get arrested, they report me to the 2 Dominican Republic, send me over there, to 3 another country because I don't have the 4 papers. 5 So this is a real dangerous bill 6 when it comes to our community, when it comes 7 to my district. As Senator Parker was saying, 8 when it comes to our community, this is a 9 very, very dangerous and very, very, very big 10 issue in our district. 11 So now if my colleague Senator 12 Balboni has a question for me, I will 13 entertain. No question? 14 ACTING PRESIDENT LITTLE: No, 15 thank you. 16 SENATOR DIAZ: Thank you, Madam 17 President. 18 ACTING PRESIDENT LITTLE: Thank 19 you, Senator. 20 Senator Sabini. 21 SENATOR SABINI: Thank you, Madam 22 President. On the bill. 23 ACTING PRESIDENT LITTLE: Senator 24 Sabini, on the bill. 25 SENATOR SABINI: I have a couple

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(518) 371-8910 1 of problems with this bill that have sort of 2 not really been addressed by the debate. 3 Senator Balboni points out, 4 rightfully, that the federal government, 5 intentionally or unintentionally, has caused a 6 lot of perceived problems with people living 7 here without status. The federal government 8 has caused the problem; we shouldn't be 9 required to clean up. 10 My problem with one part of this 11 bill is that it says that law enforcement 12 officials should report people who are 13 arrested who are reasonably suspected of being 14 illegal aliens. I don't know what that means. 15 Does that mean they talk with an accent? They 16 look different? Could be from Canada. I 17 don't know what that means. 18 In fact, up until about six years 19 ago, the largest group of illegal aliens 20 defined by the federal government by country 21 was from Italy. And they blend in very well 22 in some of our neighborhoods. 23 So I don't know how a law 24 enforcement official is supposed to reasonably 25 suspect someone's an illegal alien in a just

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(518) 371-8910 1 way. Yeah, they might reasonably suspect it 2 based on accent, based on look, based on the 3 neighborhood they live in. But that's not a 4 system of justice. That's not a system of 5 rational thought. 6 The other thing I object to in this 7 bill is in Section 1, paragraph 3, in that it 8 compels local government to comply with this 9 and cannot allow local governments to overturn 10 this action. 11 Now, we have an executive order 12 within the City of New York instituted by 13 Mayor Edward I. Koch, reinstituted by Mayor 14 David N. Dinkins, reinstituted by Mayor 15 Rudolph W. Giuliani, reinstituted by Mayor 16 Michael R. Bloomberg. A pretty disparate 17 group of people with the same idea, that the 18 City of New York should not be compelled to be 19 immigration police. This deals with law 20 enforcement. The executive order also deals 21 with all kinds of other kinds of city 22 agencies, because it's not appropriate. 23 ACTING PRESIDENT LITTLE: Senator 24 Padavan, why do you stand -- 25 SENATOR PADAVAN: Would Senator

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(518) 371-8910 1 Sabini yield? 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Sabini, will you yield for 5 a question? 6 SENATOR SABINI: Yes. 7 ACTING PRESIDENT LITTLE: The 8 Senator yields. 9 SENATOR PADAVAN: Senator, are 10 you aware of the fact that Mayor Bloomberg 11 amended Executive Order 124 to provide that 12 law enforcement would have an exemption to the 13 prohibition of inquiring about immigration 14 status? 15 SENATOR SABINI: Through you, 16 Madam President. Yes, I am aware of it, but I 17 am also aware of the fact that it's not being 18 done yet. 19 SENATOR PADAVAN: Well, whether 20 it's being done or not, you made mention of 21 the fact that there were three mayors, all of 22 whom had issued that order, but you failed to 23 advise everyone else who's not from the City 24 of New York, who may not know, that this mayor 25 realized that not only is there federal law

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(518) 371-8910 1 that goes back to 1996, but also there's a 2 need. 3 And so he amended that executive 4 order, allowing the police department, when 5 they make arrests, to deal with the issue of 6 illegal immigration. 7 Now, would you yield to a second 8 question? 9 SENATOR SABINI: Well, I'd like 10 to -- 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Sabini, do you yield for a 14 second question? 15 SENATOR SABINI: I'd like to 16 answer the Senator's point, if that's okay, 17 Madam President. 18 ACTING PRESIDENT LITTLE: Yes. 19 SENATOR SABINI: You know, I 20 don't believe that if you asked Mayor 21 Bloomberg, he would support this legislation. 22 And I invite you to get an opinion from the 23 City of New York. 24 I also mentioned four mayors, not 25 three. And the point has been consistent that

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(518) 371-8910 1 they do not want -- as Senator Balboni noted, 2 law enforcement agencies don't want this 3 legislation to pass. 4 So I'll now yield to a second 5 question if you want. 6 SENATOR PADAVAN: Senator Sabini, 7 no, I didn't ask Mayor Bloomberg if he's in 8 support of this legislation. But I do think 9 we have an obligation, when you state a fact 10 here, to be accurate. And that simply was the 11 genesis of my inquiry. 12 The second thing is you made a 13 comment relevant to the issue of what is 14 reasonable. Now, there are two sources of 15 information that I'd like to refer you to and 16 to ask you whether you are familiar with them. 17 One of them is the Webster's Dictionary, which 18 defines "reasonable." And the other is 19 Black's Law Dictionary, which goes even 20 further in terms of identifying what is 21 reasonable under the Fourth Amendment and 22 gives certain citations and stipulations as to 23 what is reasonable in these cases. 24 So the word "reasonable" is not an 25 arbitrary term. It has a foundation not only

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(518) 371-8910 1 in general law but also in legal terms, and it 2 must be applied by all law enforcement 3 agencies. 4 Therefore, when the word 5 "reasonable" or the act of being reasonable by 6 a police officer, when he or she makes an 7 arrest, must conform to existing statutes. 8 Were you aware of that? 9 SENATOR SABINI: Madam President, 10 through you, yes, I am aware of it. As a 11 legislator for 14 years, I'm aware of rebuttal 12 of presumptions and the term of "reasonable" 13 in the law. 14 But I am also rather baffled as to 15 how operationally you would use "reasonable." 16 If a policeman hears an accent, is that 17 reasonable? I guess by your definition it is. 18 By mine, I would object to that. If a law 19 enforcement personnel sees someone who is 20 Chinese or Pakistani, you might declare that 21 reasonable; I do not. So we have a difference 22 of opinion. We have a difference of opinion. 23 I believe that immigration law 24 should be done by the federal government. And 25 we have a national debate on that now. But

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(518) 371-8910 1 this is compelling local law enforcement, from 2 the constable of Fredonia right through the 3 New York City Police Department, to become 4 immigration police. And I don't think that's 5 our responsibility. 6 So yes, I guess under the law you 7 could be correct, if this were to pass. I 8 think there's little danger of this passing, 9 because I don't think it's going to pass the 10 Assembly. But I do not feel and I think many 11 New Yorkers don't feel that law enforcement 12 personnel should be playing a sort of guessing 13 game as to someone's ethnicity or where they 14 came from or if that ethnicity is likely to be 15 an illegal alien -- because we all have an 16 ethnicity. We all have one. 17 I don't believe that law 18 enforcement should be charged with that 19 action, that game. I think it's not what they 20 should be doing and, frankly, not a just way 21 of investigating someone's status. 22 Now, you could say check everyone 23 through the system, and there could be a 24 federal mandate to do that. But if you're 25 arrested, check everybody. I don't know if I

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(518) 371-8910 1 would subscribe to that, but I don't think we 2 should be deputizing local police to say, gee, 3 this guy looks kind of funny, let's run his 4 citizenship status. 5 You know, we're running into a 6 slippery slope here, nationally, when we start 7 figuring out, based on the way someone looks 8 or whether they buy a one way ticket or not 9 that they should be double- and 10 triple-checked. I don't subscribe to that. I 11 hope many of you don't. 12 I'm very hopeful that Senator 13 Spano's bill on driver's licenses gets 14 considered here and that we can protect our 15 communities, because this is supposed to be a 16 country -- we don't have, like Bratislava, we 17 don't have checkpoints every block. We don't 18 have people with guns asking you your status 19 and why you're here. That's why we live in 20 America. That's why people come here, and to 21 achieve a better status in their lives. 22 So we have a fundamental 23 disagreement as to whether or not government 24 should be part of that, and I subscribe that 25 it should not. And while I respect the

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(518) 371-8910 1 sponsor's sincerity, I don't see how we can 2 write into the patrol guide of our police 3 forces if someone looks a little odd, let's 4 run a check on them. That's not what I think 5 we should be doing as legislators. 6 Thank you, Madam President. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Is there any other Senator wishing 10 to be heard? 11 Senator Serrano. 12 SENATOR SERRANO: Madam 13 President, will the sponsor yield for a 14 question? 15 SENATOR PADAVAN: Yes. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The sponsor will yield for a 19 question. 20 SENATOR SERRANO: I have two very 21 quick questions, Senator. 22 Again, just to jump off the topic 23 of what you have in your bill, the language 24 "reasonably suspected," you did go through 25 some pains to explain how this is a legal term

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(518) 371-8910 1 that can be used. But I want to hear from 2 you, Senator, what you consider to be 3 reasonably suspected, what would be the 4 criteria in this application. 5 SENATOR PADAVAN: It's not what I 6 consider, Senator, it's what the law 7 considers. 8 And I'll read it to you: 9 Reasonable. Such suspicion which will justify 10 officer, for Fourth Amendment purposes, in 11 stopping defendant in public place, his 12 quantum of knowledge sufficient to adduce an 13 ordinary, prudent and cautious man under 14 circumstances to believe criminal activity is 15 at hand. It must be based on specific and 16 articulable facts which, taken together with 17 rational inferences from those facts, 18 reasonably warrants intrusion. 19 If you boil it all down, he has to 20 have a reason. 21 SENATOR SERRANO: And what would 22 that reason be, Senator? 23 SENATOR PADAVAN: Just what I 24 said. Based on facts at hand. 25 SENATOR SERRANO: Through you,

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(518) 371-8910 1 Madam President. In your explanation, 2 Senator -- 3 SENATOR PADAVAN: For example, 4 Senator -- you want a real example? 5 ACTING PRESIDENT LITTLE: Just a 6 moment, please. 7 Senator Serrano, do you want the 8 sponsor to yield for another question? 9 SENATOR SERRANO: Sure. 10 SENATOR PADAVAN: Let's say the 11 common thing for a police officer when he 12 stops you is to ask for your driver's license 13 and your registration, and what he finds out 14 when he looks at those things is that they're 15 forged, they're illegal. That's a reason. 16 Any other document that you might 17 have in your possession that is forged, 18 illegal. Wrong name, wrong photograph with 19 the right name, any one of a variety of things 20 that could give that officer pause. 21 But keep in mind -- and I keep 22 going back to this -- in order for him to have 23 stopped you in the first place, you committed 24 a crime under state law. 25 SENATOR SERRANO: Not --

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(518) 371-8910 1 SENATOR PADAVAN: Yes, you did. 2 Read the law -- the bill. You had to be -- 3 SENATOR SERRANO: Madam 4 President -- 5 SENATOR PADAVAN: -- arrested for 6 committing a crime under state law. 7 You're not dealing with a casual 8 occurrence of someone running into someone 9 else. You committed a crime. You raped 10 someone, you murdered someone, you robbed 11 someone, you broke into someone's home. 12 That's what you did. 13 SENATOR SERRANO: I understand -- 14 ACTING PRESIDENT LITTLE: Senator 15 Serrano, Senator Padavan is answering your 16 question. 17 SENATOR PADAVAN: -- how that law 18 enforcement officer -- 19 SENATOR SERRANO: Madam 20 President, through you. 21 Senator, I understand what you're 22 saying, but you cannot assume that a crime was 23 committed just because someone was arrested. 24 And I'm not a lawyer, and I know that. 25 So there may be an alleged

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(518) 371-8910 1 suspicion of a crime, but we know often, 2 especially in African-American and Latino 3 communities, or what would be seen as maybe 4 new immigrant communities, there are many 5 false arrests, based on their accent or based 6 on suspicion that something is going on when 7 indeed there isn't. 8 So what I say to you is -- 9 SENATOR PADAVAN: What is your 10 second question, please? 11 SENATOR SERRANO: Okay, what I'm 12 saying to you, Senator, is that the 13 reasonable -- what is considered in the 14 language of your legislation here "reasonably 15 suspected" will boil down to, as Senator 16 Sabini said, the accent of the individual, 17 maybe the way they're addressed, maybe the 18 music they're listening to. And that is 19 ethnic profiling, and that is 20 unconstitutional, and that is un-American. 21 And that is my statement on that. 22 My second question -- 23 ACTING PRESIDENT LITTLE: What is 24 the question, Senator Serrano? 25 SENATOR SERRANO: Madam

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(518) 371-8910 1 President, through you. Senator, my second 2 question is if someone is arrested is arrested 3 but found not guilty, what safeguards -- is 4 that person still going to get deported? What 5 safeguards are there in this legislation to 6 avoid abuse for someone who turns out to be 7 innocent? 8 SENATOR PADAVAN: Of the crime? 9 SENATOR SERRANO: Yes. 10 SENATOR PADAVAN: If that person 11 is in this country illegally and Immigration 12 has been notified, a decision whether asylum 13 or any other category under the immigration 14 laws is to be applied will rest with the 15 federal authorities. 16 The decision to deport or not to 17 deport at that point in time rests with the 18 federal government. 19 SENATOR SERRANO: So through you, 20 Madam President. So, Senator, what you're 21 saying is there are no safeguards. Basically, 22 you could be -- 23 SENATOR PADAVAN: I don't 24 consider that a safeguard. 25 SENATOR SERRANO: You could be

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(518) 371-8910 1 pulled over on some frivolous and trumped-up 2 charge, and if it turns out that you don't 3 have papers, you are then going to be 4 deported. Is that what you're saying? 5 SENATOR PADAVAN: Madam 6 President, in the first place, I resent the -- 7 you know, the imputation here that it's a 8 frivolous, trumped-up charge. 9 SENATOR SERRANO: If. I'm saying 10 if. If. 11 SENATOR PADAVAN: Let me share 12 with you a real-life circumstance. All right? 13 Happened only the latter part of last year. 14 In Nassau County, 25 individuals, 25, all men, 15 who had been arrested involving sexually 16 abusing children, ages from 6 to 67. Some had 17 been involved with robbery, some had been 18 involved with a variety of other -- 19 endangering the welfare of a child -- I'm 20 reading from this citation -- all 25 of them. 21 Referral was made to Immigration. 22 They were all deported. Who were their 23 victims? Other immigrants in their community. 24 They were abusing children. They were doing 25 all kinds of things, in addition to robbery

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(518) 371-8910 1 and theft and so on. And they were all 2 deported. Now, I'm not going to feel sorry 3 for them, nor should you. 4 Forty percent of my district, at 5 least, is foreign-born. I have every ethnic 6 group you could possibly think of. And I know 7 what concerns them is the safety of their 8 community, the safety of their children, the 9 institutions that they participate in, in 10 terms of living a decent, safe life. And they 11 don't want these kind of people in their 12 community. Nor should you. 13 So my bill is simply saying if you 14 arrest someone and it's not a trumped-up 15 charge -- I don't know how many arrests are 16 made in the city of New York based on 17 trumped-up charges. I really don't. Perhaps 18 you have some data on this. And I'm sure 19 Commissioner Kelly and Mayor Bloomberg would 20 be very interested in getting that 21 information. But the fact remains, most of 22 the arrests that are made are made for a 23 valid -- if not 99 percent of them -- reason. 24 Someone committed an act of 25 violence and they were arrested, like these

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(518) 371-8910 1 people were in Nassau County. Now, they did 2 cooperate with Immigration. They did work 3 together, and it resulted in their 4 deportation. And I say good riddance. 5 That's the answer to your question. 6 SENATOR SERRANO: Madam 7 President, through you. On the bill. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Serrano, on the bill. 11 SENATOR SERRANO: I appreciate 12 the sponsor's comments. And I firmly believe 13 that anyone convicted of a crime should pay 14 the price to the fullest extent of the law. 15 And no one should get away with criminal 16 activity in any community. And oftentimes, as 17 the Senator mentioned, victims of crime are 18 members of their own community, and that's 19 very unfortunate. And that happens in every 20 ethnic group that we see. 21 But I still think that there should 22 not be a different set of standards for new 23 immigrants. And there should not be the wrong 24 message being sent. And that is the point of 25 my discussion here.

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(518) 371-8910 1 We've heard some of the other 2 Senators mention that their families came over 3 through Ellis Island and so on. And I love to 4 see the newsreels, the old black-and-white 5 newsreels of new immigrants coming in through 6 Ellis Island, getting their first taste of the 7 American dream, working hard in communities, 8 adding to the rich cultural fabric. All of 9 our relatives did it. My family did it coming 10 from Puerto Rico in the 1950s. It is what 11 makes this state great. 12 But I think it's so unfortunate 13 that that's not the case right now. The new 14 federal laws that are being proposed, the new 15 sentiment and the spirit of the discussion has 16 changed. It isn't what it was back then. And 17 we're not welcoming new immigrants in the same 18 way. And that's not right. And we have to be 19 conscious of that and be cognizant of that, so 20 that we don't send the wrong message out. 21 And that is my point, Madam 22 President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Stavisky.

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(518) 371-8910 1 SENATOR STAVISKY: Thank you, 2 Madam President. 3 Let me just mention a couple of 4 things I think that have not been mentioned. 5 I represent a large immigrant community in 6 Queens. And not all of them are easily 7 recognizable as immigrants. For example, some 8 of them are white, as was mentioned by Senator 9 Balboni. For example, I represent a large 10 number of people who came here from the former 11 Soviet Union. And as far as I understand, 12 they are here legally. Many of them have 13 limited English proficiency because they came 14 at an older age. And for older people, this 15 could represent a very traumatic experience. 16 Secondly, we've heard many 17 discussions over the years on mandates without 18 money. And it seems to me that this is a 19 mandate on the City of New York, and there is 20 no appropriation, no way for the city to pay 21 this added burden. 22 And, lastly, I notice that the City 23 of New York and, in fact, no other 24 municipality has filed any memos in support or 25 in opposition. And I wanted to point that

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(518) 371-8910 1 out. 2 Madam President, I shall vote no on 3 this bill. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator LaValle. 7 SENATOR LaVALLE: Thank you, 8 Madam President. 9 I've been listening to the debate. 10 I wasn't going to speak, but this is an issue, 11 the illegal immigration issue is one that is 12 particularly acute in the County of Suffolk, 13 and people have taken a great deal of interest 14 as they have followed the debate in Congress. 15 And the one thing that I hear over 16 and over again from people in the First 17 Senatorial District is that there seems to be 18 a disconnect in Washington and the legislators 19 on this issue. And the disconnect and the 20 thing that is troublesome for people, and that 21 this legislation addresses, is people who are 22 illegal immigrants. Illegal. They are not 23 here in accordance with the law. 24 And I can sympathize, and I think 25 everyone agrees with what Senator Serrano

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(518) 371-8910 1 talked about, the richness that we have in 2 this state because of our diversity. But we 3 are talking about people who have come through 4 a process legally. Legally. And it almost 5 defies a rational basis for saying that you 6 oppose the legislation in dealing with illegal 7 behavior. Illegal behavior. 8 So, Senator Padavan, I think that 9 you, for an individual who is a nonattorney, 10 answered the question with great clarity in 11 terms of the reasonable suspicion. Because 12 there is a basis of law under stop-and-frisk 13 laws under Terry and many other things, other 14 cases, in dealing with probable cause. And 15 you can go on and on. 16 So this is not something that 17 people just do, police officers do, in a 18 willy-nilly way. There are court decisions, 19 there are statutes that have been tried in our 20 courts that provide them with the basis to 21 stop someone. 22 And if they are doing something 23 illegally and there's criminality, I can't see 24 anything wrong with asking them questions if 25 they suspect that the person is here

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(518) 371-8910 1 illegally. And we in this chamber should not 2 be part of the disconnect that I hear from my 3 constituency in the First District. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Is there any other Senator wishing 7 to be heard? 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Madam President. Very briefly on the bill. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Schneiderman, on the bill. 14 SENATOR SCHNEIDERMAN: I think 15 this debate really illustrates the conflict 16 that is a national conflict over the issue of 17 immigration in our country right now. 18 I would respectfully suggest that 19 this debate is worth reading, because I think 20 that there are comments that are replete with 21 stereotypes and there are very different views 22 of how we should deal with the 11 or 23 12 million people who are here who don't have 24 papers. I mean, they're here. They're not 25 all going away.

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(518) 371-8910 1 And as Senator LaValle I'm sure 2 knows, there are a lot of people who are 3 concerned about illegal immigrants who are 4 dependent on those people to take care of 5 their houses, mow their lawns, watch their 6 children, and do a lot of other tasks. So 7 these people are integrated into our economy. 8 And I would urge my colleagues, 9 what you're hearing from those of us who do 10 live in communities with large immigrant 11 populations, people are wrongfully arrested 12 sometimes. There is prejudice out there in 13 the state of New York, and even with some law 14 enforcement officers and some members of the 15 judiciary. 16 The notion that we can have a 17 policy with -- and I am glad to be reminded of 18 my days curled up with Black's Law 19 Dictionary -- the notion that we can have a 20 policy, as Senator Sabini pointed out, where 21 every law enforcement officer understands the 22 same time thing when they see the words 23 "reasonably suspected" of being present in the 24 United States in violation of federal 25 immigration laws, that is a big requirement.

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(518) 371-8910 1 That is a reach. 2 My suggestion is this. We know 3 there have been instances in which people have 4 been arrested. You want to talk about facts? 5 Some immigrants who were playing soccer and a 6 town official sent the police over -- in 7 Brewster, New York, this took place -- to 8 arrest them for trespassing on the school 9 soccer field, and then they were questioned 10 and some of them were deported, including 11 someone who was the father of five, has never 12 been in any trouble, was gainfully employed. 13 The overwhelming majority of 14 immigrants without papers in this country are 15 hardworking citizens who are not criminals, 16 the overwhelming majority. So let's stop all 17 the stereotyping where we're talking about 18 rapists and criminals and killers. In fact, 19 the statistics indicate that they are far less 20 likely to commit crimes. 21 So what would be the unintended 22 consequence of this bill? It does put a 23 burden, as my colleagues have said, on the 24 local government. Law enforcement 25 officials -- as our expert on law enforcement,

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(518) 371-8910 1 Senator Balboni, has acknowledged -- don't 2 want to be stuck with this duty. It is an 3 unfunded mandate, as Senator Stavisky pointed 4 out. 5 You know what else it's going to 6 do? It's going to drive people underground. 7 It's going to get people who should be 8 cooperating with the police to fear even 9 interacting with the police. Where are you 10 going to get the witnesses for a crime? Where 11 are you going to get the people to come 12 forward and cooperate? Are people who have 13 communicable diseases going to go into clinics 14 to try and seek help, or are they going to be 15 hiding? That's the effect of bills like this. 16 So I'm going to vote no. But I 17 think the most interesting thing about this 18 debate is the disconnect that exists in this 19 room, in this chamber, and in chambers like 20 this throughout the country. We have very 21 different views of what to do about 22 immigration. I would suggestion our national 23 consciousness is evolving -- 24 ACTING PRESIDENT LITTLE: Senator 25 LaValle, why do you rise?

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(518) 371-8910 1 Excuse me, Senator Schneiderman. 2 Senator LaValle. 3 SENATOR LaVALLE: Would Senator 4 Schneiderman yield to one question? 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Schneiderman, would you 8 yield for one question? 9 SENATOR SCHNEIDERMAN: If I could 10 just finish my question, I'd be glad to yield. 11 National consciousness is evolving 12 on this issue. And I would respectfully 13 suggest to my colleagues that this is an issue 14 that is evolving and, as with the rules about 15 racial segregation that were brought down when 16 national consciousness evolved, so will the 17 rules regarding about immigrants change when 18 our national consciousness evolves. 19 And I will be glad to yield. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator LaValle. 23 SENATOR LaVALLE: I just want to 24 make sure that I understood a piece of your 25 remark. Are you suggesting that people who

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(518) 371-8910 1 are here illegally, that we should be 2 blindfolded to that and just accept that, that 3 they are here illegally? 4 SENATOR SCHNEIDERMAN: Thank you. 5 Through you, Madam President. No, I'm 6 suggesting that we take the blindfolds off and 7 acknowledge that they're here. There's 8 12 million of them. They take care of our 9 kids, they mow our lawns. 10 I mean, you know, Senator 11 Oppenheimer, in your district are there 12 people -- they're integrated into the economy. 13 This is the conflict in Suffolk County. It's 14 not that they're here because there's no work, 15 they're here because there's lots of work for 16 them. 17 They're here. Take off the 18 blindfolds. And they're not going away. And 19 we're not going to deport all of them, and 20 that's the fact. I suggest that it's some of 21 the other people in this room who need to take 22 off the blindfolds. 23 But I will be voting no, Madam 24 President. This is a debate that is going to 25 come back again and again and again. I look

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(518) 371-8910 1 forward to continuing it with my colleagues 2 proceeding in good faith on both sides of the 3 aisle. But I will be voting no again. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Seeing no other Senators wishing to 7 speak, the debate is closed. 8 The Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 We have some who would like to 18 explain their vote. Before we do, I would 19 like to remind everyone that due to the length 20 of the calendar, we are adhering to the 21 two-minute rule and we are using the clock. 22 Senator Parker, to explain his 23 vote. 24 SENATOR PARKER: Thank you, Madam 25 President, to explain my vote.

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(518) 371-8910 1 During the debate, in my fervor I 2 used the word "Zionist" when I really meant 3 "xenophobic." I hope no one was offended by 4 that. If so, I apologize. 5 But I don't apologize about my 6 passion on this issue, how important it is for 7 us really to protect the rights of immigrants 8 and to make sure and really understand that 9 DAs are already doing this job, this is not 10 what the New York City or any other police 11 department ought to be doing. And that we 12 want to make sure that the rights of people 13 here are secure in the same way we want our 14 lives secure. 15 You know, like I said, there's an 16 unintended consequence of this bill, which is 17 the continued racial profiling that we already 18 see in law enforcement across our city and 19 across our state. 20 And I also wanted just to clarify 21 one other thing, which is that in responding 22 to Senator Marcellino's question about whether 23 I thought police departments were racist, 24 Senator Diaz thought that I skirted the 25 question. I was very clear about the fact

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(518) 371-8910 1 that I don't think that the departments are 2 within themselves racist, but I do think 3 racism happens. And I think racism occurs in 4 these departments. And I want to be clear 5 about that. And I think that's something that 6 this bill does not address, unfortunately. 7 I'm voting no. 8 ACTING PRESIDENT LITTLE: Thank 9 you. Senator Parker will be recorded in the 10 negative. 11 Senator Savino, to explain her 12 vote. 13 SENATOR SAVINO: Thank you, Madam 14 President. 15 I'm voting against this bill in 16 spite of the fact that last year when it came 17 up I actually voted for it. 18 After having listened to the debate 19 here today and watching the debate on the 20 national level for the past several months, 21 I've come to some conclusions, particularly 22 about this piece of legislation. 23 We are going to continue to 24 struggle with how we deal with illegal 25 immigrants and how we deal with legal

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(518) 371-8910 1 immigrants. That's not going to go away. As 2 Senator Schneiderman said, they're here. 3 There are 12 million of them here; they're not 4 going anywhere. 5 And they're going to continue to 6 come here as long as they come from countries 7 where they have no human rights laws, where 8 they are treated as less than human beings, 9 and countries that we continue to have 10 lucrative trade policies with. They are going 11 to keep coming to the United States, and we 12 need to get a handle on how we deal with that. 13 But with this particular piece of 14 legislation I have some problems, because, 15 one, we're going to be imposing upon local 16 police organizations the requirements of 17 enforcing the federal law without the 18 training, without the resources to accomplish 19 that. We're going to be asking local police 20 officers to make value judgments upon what is 21 considered reasonable. We're going to be 22 asking them to do that without the tools 23 necessary, or the training. 24 So how to we define "reasonable"? 25 Is it accent? Is it somebody who has a

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(518) 371-8910 1 turban? Is it somebody who dresses 2 appropriately or inappropriately? How do we 3 define that? How do they define that? 4 I represent a district that has a 5 disproportionate number of immigrants: 6 Latinos and Asians in Sunset Park, Russians in 7 Coney Island and Bensonhurst, Italians and 8 Irish and West Africans in Staten Island. Any 9 one of those individuals, the vast majority of 10 whom are here legally, could be held for being 11 arrested for a crime -- and they should be, if 12 they commit a crime, they should be arrested. 13 But we all know that the 14 cooperation that exists between city, state 15 and federal agencies is almost nonexistent. 16 We would be asking local precincts to hold 17 people in their lockups while they try and 18 ascertain whether or not people are here 19 legally. Without the resources, without the 20 tools. 21 I understand the intent behind this 22 bill. I think it's a greater public policy 23 debate. I don't think -- 24 ACTING PRESIDENT LITTLE: Excuse 25 me, Senator Savino. How do you vote?

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(518) 371-8910 1 SENATOR SAVINO: I'm voting 2 against this bill, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. You will be recorded in the negative. 5 SENATOR SAVINO: My two minutes 6 are up. 7 ACTING PRESIDENT LITTLE: The 8 Secretary will announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1160 are 11 Senators Andrews, Breslin, Connor, Coppola, 12 Diaz, Dilan, Duane, Hassell-Thompson, 13 L. Krueger, C. Kruger, Montgomery, 14 Oppenheimer, Parker, Paterson, Sabini, 15 Sampson, Savino, Schneiderman, Serrano, 16 A. Smith, M. Smith, and Stavisky. 17 Those Senators absent from voting: 18 Senators Gonzales and Volker. 19 Ayes, 36. Nays, 22. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 24 there will be an immediate meeting of the 25 Rules Committee in the Majority Conference

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(518) 371-8910 1 Room, and the Senate will stand at ease. 2 Once the Rules Committee comes 3 back, we'll report the bills, but we'll 4 continue with the calendar. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 There's an immediate meeting of the 8 Rules Committee in the Senate Conference Room. 9 While they are meeting, the Senate will stand 10 at ease. 11 (Whereupon, the Senate stood at 12 ease at 3:31 p.m.) 13 (Whereupon, the Senate reconvened 14 at 3:45 p.m.) 15 ACTING PRESIDENT LITTLE: Senator 16 Skelos. 17 SENATOR SKELOS: I believe 18 there's a Rules report at the desk. I ask 19 that it be read at this time. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 The Secretary will read. 23 THE SECRETARY: Senator Bruno, 24 from the Committee on Rules, reports the 25 following bills:

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(518) 371-8910 1 Senate Print 2277, by Senator 2 Fuschillo, an act to amend the Vehicle and 3 Traffic Law; 4 3033A, by Senator Maltese, an act 5 to amend the General Municipal Law; 6 3043A, by Senator Robach, an act to 7 amend the Retirement and Social Security Law; 8 3975A, by Senator Padavan, an act 9 to amend the Retirement and Social Security 10 Law; 11 4017A, by Senator Larkin, an act to 12 amend the Tax Law; 13 4099A, by Senator Fuschillo, an act 14 to amend the Vehicle and Traffic Law; 15 4147, by Senator Robach, an act to 16 amend the Administrative Code of the City of 17 New York; 18 5430A, by Senator Spano, an act to 19 amend the Retirement and Social Security Law; 20 5628A, by the Senate Committee on 21 Rules, an act to amend the Administrative Code 22 of the City of New York; 23 5668A, by Senator Leibell, an act 24 to amend the Public Officers Law; 25 6403, by Senator Marcellino, an act

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(518) 371-8910 1 to amend the Penal Law; 2 6533, by Senator Robach, an act to 3 amend the Executive Law; 4 6655, by Senator Robach, an act to 5 amend the Executive Law; 6 7004A, by Senator Winner, an act to 7 amend the Agriculture and Markets Law; 8 7079, by Senator LaValle, an act 9 authorizing; 10 7257A, by Senator Trunzo, an act to 11 amend the Public Officers Law; 12 7369, by Senator Leibell, an act to 13 amend the Real Property Tax Law; 14 7424A, by Senator Farley, an act to 15 amend the Real Property Tax Law; 16 7505, by Senator Golden, an act to 17 amend the General Municipal Law; 18 7514, by Senator Skelos, an act to 19 provide; 20 7643A, by Senator Meier, an act to 21 amend the Social Services Law; 22 7713, by Senator Leibell, an act to 23 amend the Not-For-Profit Corporation Law; 24 7836, by Senator Golden, an act to 25 amend the Penal Law;

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(518) 371-8910 1 7868, by Senator Johnson, an act to 2 amend the Environmental Conservation Law; 3 7871, by Senator Golden, an act to 4 amend Chapter 912 of the Laws of 1920; 5 7946, by Senator Stachowski, an act 6 to authorize; 7 7963, by Senator Marchi, an act to 8 amend the Public Authorities Law; 9 7998, by Senator Alesi, an act to 10 establish; 11 8001, by Senator Libous, an act to 12 amend the Retirement and Social Security Law; 13 8026, by Senator Robach, an act to 14 amend the State Finance Law; 15 8029, by Senator Morahan, an act to 16 amend the Mental Hygiene Law; 17 8046, by Senator Balboni, an act to 18 amend the Domestic Relations Law; 19 And Senate Print 8062, by Senator 20 Larkin, an act authorizing the City of 21 Kingston. 22 All bills ordered direct to third 23 reading. 24 ACTING PRESIDENT LITTLE: Senator 25 Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Move to accept 2 the report of the Rules Committee. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 All those in favor of accepting the 6 Rules report signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT LITTLE: All 9 those opposed. 10 (No response.) 11 ACTING PRESIDENT LITTLE: The 12 report is accepted. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 if we could return to the regular calendar. 16 And I believe we would commence with Calendar 17 1168, by Senator Golden. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1168, by Senator Golden, Senate Print 2199, an 23 act in relation to requiring certain state and 24 federal education aid. 25 SENATOR OPPENHEIMER:

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(518) 371-8910 1 Explanation, please. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Golden, for an explanation. 5 SENATOR GOLDEN: Thank you, Madam 6 President. 7 This bill requires a school 8 district to relinquish any funds received by a 9 school district which are intended for a 10 nonpublic school within 45 days of receiving 11 those funds. The failure to do so would 12 result in a 5 percent penalty per annum on 13 that money. 14 I think it's no different than any 15 individual that pays money out for dental or 16 for healthcare and they expect that money back 17 in a reasonable length of time. And it's like 18 any business. If a business makes a disbursal 19 of funding, they expect that money back in a 20 reasonable length of time. And we believe 21 that 45 days is appropriate. 22 SENATOR OPPENHEIMER: If the 23 Senator would yield for a couple of questions. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Golden, will you yield to 2 Senator Oppenheimer? 3 SENATOR GOLDEN: I do indeed, 4 Senator. 5 ACTING PRESIDENT LITTLE: Thank 6 you. The Senator yields. 7 SENATOR OPPENHEIMER: Thank you, 8 Senator. 9 Now, would this be any state or 10 federal aid that was coming to the nonpublic 11 school? 12 SENATOR GOLDEN: This would be 13 any state aid received by the school of which 14 we have jurisdiction over. 15 SENATOR OPPENHEIMER: So it would 16 include federal aid? 17 SENATOR GOLDEN: Yes, it would. 18 SENATOR OPPENHEIMER: I have my 19 doubts about the legality of the state 20 charging a fee for not transmitting federal 21 aid, but that's neither here nor there. 22 SENATOR GOLDEN: Senator, I could 23 answer that question if you allow me. 24 The school district has already 25 received the money, and the money's been

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(518) 371-8910 1 laying there for 45 days. So we're asking the 2 school district that's had that money for 3 45 days to send that money out to the 4 nonpublic school. We're not asking them to 5 submit money that they don't have or haven't 6 been given to them as of yet. We're talking 7 about money that's already been received, 8 money that's been there for 45 days, that that 9 money be disbursed to the nonpublic school. 10 SED said that they've corrected 11 this. So if SED said they've corrected it, 12 they should have no problem with the bill. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator Golden. 15 SENATOR OPPENHEIMER: Then I do 16 have another question. 17 So you say that this bill -- 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Golden, do you continue to 21 yield? 22 SENATOR GOLDEN: I do indeed, 23 Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Oppenheimer. 2 SENATOR OPPENHEIMER: The bill 3 says that we should be penalizing the public 4 system because there are perhaps some 5 inefficient people working in that school 6 district. That's your theory, is that not -- 7 SENATOR GOLDEN: That is correct, 8 Madam President. 9 SENATOR OPPENHEIMER: Is there 10 any exception if there was a good reason for 11 this not having been transmitted? Is there 12 any panel that can be appealed to? 13 SENATOR GOLDEN: Madam President, 14 there is no panel. 15 If we don't penalize the school 16 district for giving that money to the 17 nonpublic school, then they have to penalize 18 the people that go to that nonpublic school. 19 So someone's being penalized here. And I 20 believe the one that should be penalized is 21 the one that's in receipt of that money and 22 has that money now for 45 days. 23 And if they have a problem with 24 that, they should try to correct it. And this 25 5 percent per annum would help them try to

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(518) 371-8910 1 correct that problems that they have at that 2 school district, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator Golden. 5 SENATOR OPPENHEIMER: Thank you, 6 Senator Golden. 7 On the bill, if I may. 8 ACTING PRESIDENT LITTLE: Thank 9 you. Senator Oppenheimer, on the bill. 10 SENATOR OPPENHEIMER: Well, I 11 agree with Senator Golden that we ought to be 12 paying our bills promptly, all of us and every 13 agency of government. And I think personally, 14 also, we should be living by that. However, I 15 think it's very poor public policy and poor 16 education policy to be fining school 17 districts. 18 Schools are not businesses. We do 19 not have in public service a bottom line. We 20 should be doing -- analyzing our programs for 21 the validity of that program, is that program 22 providing what we want it to provide. 23 But there is no bottom line in 24 government. And I think that's a huge 25 distinction. We don't have profit and loss

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(518) 371-8910 1 statements. 2 But I think it's at a time when 3 public education has to be in serious need of 4 additional monies. And I think we have to 5 protect all the monies that we do get, seek 6 more monies, and look for every penny under 7 every carpet. 8 So I am in support of assessing 9 accountability of all the services that we're 10 providing -- things like, you know, 11 transportation, library, health services, 12 computer services. But I think it is very 13 poor policy to be fining public schools, which 14 in effect you are doing by their not being 15 prompt. 16 And I think it's a sad direction 17 for our public system to be fining them. So 18 I'm going to be voting no, and I hope my 19 colleagues will also. 20 ACTING PRESIDENT LITTLE: Thank 21 you, Senator. 22 Senator Hassell-Thompson. 23 SENATOR HASSELL-THOMPSON: Thank 24 you, Madam President. 25 I'd like to ask the Senator if he

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(518) 371-8910 1 would yield to a couple of clarification 2 questions. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Golden, do you yield? 6 SENATOR GOLDEN: Madam President, 7 I do. 8 ACTING PRESIDENT LITTLE: The 9 Senator yields. 10 SENATOR HASSELL-THOMPSON: Thank 11 you, Madam President. 12 Through you, am I to understand 13 that according to what exists, the portion of 14 money that the public school district is given 15 on behalf of the nonpublic school has nothing 16 to do with any of the services, such as 17 transportation, supplies, or anything that the 18 public school is supposed to supply to 19 nonpublic schools? 20 SENATOR GOLDEN: That's correct. 21 SENATOR HASSELL-THOMPSON: Madam 22 President, if the sponsor will continue to 23 yield. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Does the Senator continue to yield? 2 SENATOR GOLDEN: I do. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Madam President. 7 Through you, Madam President, then 8 the amount of money that you believe that 9 should be paid to the nonpublic school within 10 the 45 days is totally unencumbered money, and 11 at this point the public schools are just 12 holding that money and not forwarding it to 13 the nonpublic school? Is that what I hear you 14 saying? 15 SENATOR GOLDEN: That's correct. 16 SENATOR HASSELL-THOMPSON: Okay, 17 it kills my argument. Well, it kills one 18 argument. 19 SENATOR GOLDEN: Madam President, 20 tell the Senator thank you. 21 ACTING PRESIDENT LITTLE: Senator 22 Golden says thank you. 23 (Laughter.) 24 SENATOR HASSELL-THOMPSON: Thank 25 you, Senator.

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(518) 371-8910 1 Just on the bill. 2 ACTING PRESIDENT LITTLE: Thank 3 you. Senator Hassell-Thompson, on the bill. 4 SENATOR HASSELL-THOMPSON: I am 5 very uncomfortable having public school 6 districts fined. 7 And I would hope and I would think 8 that while I think that what you're trying to 9 create is an incentive to get the public 10 schools to move faster and to move monies more 11 quickly through the systems, I just don't 12 believe that this is the way to do that. 13 Because the money that -- the 14 percentages, the 5 percent you're going to 15 fine them is coming out of the public school 16 budget that is there to support children who 17 are already in need. 18 I don't want to get into the CFE 19 question, but I certainly need to raise that 20 as a specter, that we are not yet putting the 21 appropriate amount of money into our public 22 schools and therefore any money we take out in 23 the form of fines is injurious to the 24 students. And while it may appear that it's 25 an incentive to the administration, children

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(518) 371-8910 1 are hurt by this process. 2 So I would hope that we would come 3 up with another vehicle, another way to create 4 an incentive to get the public school district 5 to pay this money in a more timely fashion. 6 Thank you, Madam President. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator. 9 Senator Stavisky. 10 SENATOR STAVISKY: Madam 11 President, if the sponsor would yield for a 12 couple of questions. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Golden, do you yield for a 16 few questions? 17 SENATOR GOLDEN: I do, Madam 18 President. 19 ACTING PRESIDENT LITTLE: The 20 Senator yields. 21 SENATOR STAVISKY: Through you, 22 Madam President, there are 680 school 23 districts in New York State. How many would 24 be affected by this legislation? In other 25 words, how prevalent is this problem?

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(518) 371-8910 1 SENATOR GOLDEN: Well, I believe 2 there's over 700 districts in the State of 3 New York. And I believe that it's not 4 prevalent, but that it does go on and that 5 there are students in these nonpublic schools 6 that are being affected and deprived and 7 denied of that funding. 8 And we believe 5 percent is not a 9 lot, but it's enough to tell that district, 10 you'd better wake up and do what's supposed to 11 be done and get that money into those 12 nonpublic schools. 13 SENATOR STAVISKY: In other 14 words, we don't have a dollar amount of how 15 much we're talking about? 16 SENATOR GOLDEN: I do not have a 17 dollar amount. I can get that dollar amount 18 for you if you wish. 19 Madam President, I apologize. 20 SENATOR STAVISKY: I've been 21 informed that I do so wish. 22 SENATOR GOLDEN: Pardon? Pardon 23 me? Oh, she wishes. 24 ACTING PRESIDENT LITTLE: Senator 25 Stavisky, do you have another question?

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(518) 371-8910 1 SENATOR STAVISKY: Yes, I do. 2 ACTING PRESIDENT LITTLE: Senator 3 Golden, do you continue to yield? 4 SENATOR GOLDEN: I do. 5 ACTING PRESIDENT LITTLE: The 6 Senator yields. 7 SENATOR STAVISKY: Is this done 8 in any other agencies in state government? 9 SENATOR GOLDEN: Madam President, 10 I am aware of this being a problem within the 11 education -- SED, and I put a bill forward 12 that would address that concern. This is my 13 only concern. If there are other agencies and 14 other issues pending from and to state 15 agencies to nonpublic schools, I'm not aware 16 of it. 17 SENATOR STAVISKY: I thank you, 18 Senator. 19 And I understand your concerns. 20 However, I too agree with what Senator Ruth 21 Hassell-Thompson has said, that it is almost 22 unfair to penalize a school district, 23 particularly in light of the fact that while 24 we satisfied the construction part, the 25 capital part of the CFE decision, we did not

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(518) 371-8910 1 really resolve the question of a fair and 2 equitable treatment statewide. 3 And this bill is statewide, and I 4 am inclined to vote no, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Is there any other Senator wishing 8 to be heard? 9 The debate is closed. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of July. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT LITTLE: Senator 18 LaValle, to explain his vote. 19 SENATOR LaVALLE: Madam 20 President, I certainly understand what Senator 21 Golden is trying to do. And I think he's 22 probably on the right track in trying to solve 23 the problem of the nonpublic school getting 24 their monies in a timely way. 25 But I think that the troublesome

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(518) 371-8910 1 part of this is the penalty provision. You 2 really have to look -- and I'm not sure there 3 exists in the Education Law a penalty. 4 Because when we penalize a public school 5 district, we are penalizing the taxpayers. 6 And for instance, there is a 7 provision that school districts can only carry 8 in their reserve funds 2 percent in that 9 reserve fund. School districts routinely go 10 above 2 percent -- 3 percent, 6 percent. I 11 had a district with 30 percent. I said to the 12 State Education Department, "What are you 13 going to do to that district that is flying in 14 the face of the law?" And they said 15 "Nothing." 16 And so I have a piece of 17 legislation that says that a school district, 18 if they violate the law, has to publicly 19 disclose it to their voters. And if you did 20 something like that, Senator Golden, I could 21 support this legislation, because it makes 22 sense that we shouldn't penalize our nonpublic 23 schools. 24 And unfortunately, I'm going to 25 have to vote in the negative on this bill.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. Senator LaValle will be recorded in the 3 negative. 4 Senator Montgomery, to explain her 5 vote. 6 SENATOR MONTGOMERY: Yes, Madam 7 President, just very briefly. 8 I'm joining my colleagues in 9 opposing this legislation, because certainly 10 there may be any number of reasons why a 11 school district, especially one as large as 12 the district of New York City -- but I'm sure 13 many other districts across the state might 14 have difficulty with this time frame of 15 45 days. 16 And so we're now not only putting 17 an additional mandate on the school district 18 to perform within 45 days, but we're also 19 penalizing them with 5 percent of the amount 20 that they are supposed to be passing on. They 21 already are strapped for funds. We have 22 districts across the state that are in very 23 serious financial trouble. And I think this 24 only is -- this is robbing Peter essentially 25 to pay Peter, and we certainly don't want to

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(518) 371-8910 1 have that happen. 2 So I'm going to vote no. 3 ACTING PRESIDENT LITTLE: Thank 4 you. Senator Montgomery will be recorded in 5 the negative. 6 Senator Golden, to explain his 7 vote. 8 SENATOR GOLDEN: To explain my 9 vote. Thank you, Madam President. 10 I heard some interesting debate 11 here, and I really have to clarify for the 12 record. 13 I heard that schools aren't a 14 business. It's probably the biggest business 15 in the State of New York. That's why we have 16 a business agent in each school. 17 I heard that it's a mandate on the 18 school district. So it would rather be a 19 mandate on the school district instead of on 20 the nonpublic schools, who are being denied 21 that money so that the school districts can 22 hold that money and use it for cash as they 23 use their disbursals and make sure they have 24 enough dollars on hand to meet their needs by 25 using that nonpublic-school money.

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(518) 371-8910 1 This is an appropriate measure to 2 have those school districts, over 700 of them, 3 respond to those nonpublic schools that have 4 bills to pay. So the only mandate I see here 5 is on the nonpublic schools, for those people 6 that vote against this bill. 7 This money is 45 days in their 8 possession. Forty-five days, Madam President. 9 And I think that is enough time. I know for 10 any household, anybody in this room to have to 11 wait more than 45 days for their money, I know 12 they would be very, very upset. 13 So, Madam President, I'm voting 14 aye, and I thank my members for a good 15 discussion. 16 ACTING PRESIDENT LITTLE: Thank 17 you. Senator Golden will be recorded in the 18 affirmative. 19 The Secretary will announce the 20 results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1168 are 23 Senators Andrews, Breslin, Connor, Coppola, 24 Duane, Fuschillo, Hassell-Thompson, Klein, 25 L. Krueger, LaValle, Libous, Marcellino,

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(518) 371-8910 1 Montgomery, Morahan, Oppenheimer, Paterson, 2 Sabini, Sampson, Schneiderman, Serrano, 3 A. Smith, Spano, Stavisky and Valesky. 4 Absent from voting: Senator 5 Gonzalez. 6 Ayes, 35. Nays, 24. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1265, by Senator Trunzo, Senate Print 6611, an 11 act to amend the Social Services Law. 12 SENATOR HASSELL-THOMPSON: 13 Explanation. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Trunzo, an explanation has 17 been requested. 18 SENATOR TRUNZO: Madam President, 19 what this bill does, it authorizes local 20 governments to require that any family or a 21 multiple dwelling used for family daycare be 22 the primary residence of that particular -- of 23 the resident itself. They have to be the 24 primary owner of the home, and so that the 25 program, it ought to be done within the

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(518) 371-8910 1 confines of that particular residential area. 2 There are two various different 3 types of forms for the daycare centers. And 4 one in particular, regular daycare centers, 5 which go up in business areas because they are 6 there for business, that's one area. But 7 there also is other areas, what they call 8 family daycare centers, or multiple daycare 9 centers. And those particular centers are 10 created in residential areas. 11 And what has been happening, due to 12 the loophole in the law, some of these 13 companies that have been opening daycare 14 centers in other areas have been buying 15 individual residential homes in residential 16 communities and then begin to open up actually 17 a business in the residential community. 18 And as a result of that, the 19 feeling was that the person who's going to run 20 that should actually be a resident of that 21 building and not from some corporation who 22 were trying to buy the operation. 23 ACTING PRESIDENT LITTLE: Thank 24 you, Senator Trunzo. 25 Senator Hassell-Thompson.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Yes, 2 thank you, Madam President. 3 Senator Trunzo, I wish to thank you 4 for your explanation. My concern -- I will 5 speak on the bill. 6 ACTING PRESIDENT LITTLE: On the 7 bill. 8 SENATOR HASSELL-THOMPSON: My 9 concern is that your efforts to keep major 10 corporations from buying up and creating 11 childcare/play kind of facilities is 12 appropriate. But what in this language 13 prevents smaller daycare facilities -- for 14 instance, the licensure is given to an 15 individual and they may have more than one 16 site and one facility in which those daycare 17 centers are -- 18 ACTING PRESIDENT LITTLE: Senator 19 Hassell-Thompson, do you request that Senator 20 Trunzo yield or are you speaking on the bill? 21 SENATOR HASSELL-THOMPSON: I will 22 want him to yield, because I really want him 23 to be able to respond. So yes, I will phrase 24 that in the form of a question that he will 25 accept, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Trunzo, do you yield? 4 SENATOR TRUNZO: Yes. 5 ACTING PRESIDENT LITTLE: The 6 sponsor yields. 7 SENATOR HASSELL-THOMPSON: What 8 is there in this bill that will prevent 9 smaller facilities or smaller daycare 10 providers who operate out of more than one 11 facility to be affected? Because according to 12 the language, it must be their primary 13 residence in order for it to be acceptable. 14 And I know that there are childcare 15 centers -- many years ago when I was in 16 daycare, one of my responsibility was to work 17 with family daycare, help them to prepare for 18 licensure. And they would receive a license 19 or they could be licensed in more than one 20 site under the same licensure. 21 My concern is that this bill will 22 in some way affect their ability to continue 23 to do that, and yet they're operating legally 24 according to state law. 25 SENATOR TRUNZO: Well, they're

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(518) 371-8910 1 operated under state law; the thing is being 2 the resident who's registered with the town. 3 In other words, it's a permissive type of 4 legislation. It wouldn't be mandatory at this 5 stage of the game. 6 It's a fact that these corporations 7 are buying homes in a particular area and 8 residential areas and suddenly are registered 9 under some individual who's going to run the 10 show without living in that particular house. 11 They just run the operation and at the end of 12 the day they close down, and the next day they 13 start in again. 14 So if there's more than one home, 15 that the license has to be issued to the 16 person who is registered in that particular 17 home that is being used for family care 18 operations. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Hassell-Thompson. 22 SENATOR HASSELL-THOMPSON: Madam 23 President, through you, if the Senator will 24 continue to yield. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Trunzo, do you continue to 3 yield? 4 SENATOR TRUNZO: Yes, ma'am. 5 ACTING PRESIDENT LITTLE: The 6 Senator yields. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Madam President. 9 I heard your answer, Senator 10 Trunzo, and I do hear your concern. But I 11 don't see how the answer responds to my 12 question and my concern. 13 SENATOR TRUNZO: You mean about 14 an owner having two homes in a particular 15 area? 16 SENATOR HASSELL-THOMPSON: Yes. 17 SENATOR TRUNZO: Well, that, I 18 think, again, would be up to the town itself 19 who's going to set up the rules and regs to 20 take care of that particular situation. It's 21 part of their regulation, whatever local law 22 they may put together. 23 It's not mandatory to the town to 24 do this, but by local law they can probably 25 cover that particular issue.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Hassell-Thompson. 4 SENATOR HASSELL-THOMPSON: On the 5 bill. 6 ACTING PRESIDENT LITTLE: On the 7 bill. 8 SENATOR HASSELL-THOMPSON: Thank 9 you, Madam President. 10 I continue to be concerned. And I 11 do hear what Senator Trunzo is attempting to 12 say. But I also know that licensure is issued 13 on a statewide basis and not by the local 14 municipality. And in many of the communities, 15 depending upon the type of childcare facility 16 that we're talking about, it is not a zoning 17 requirement. And it would not require that 18 zoning laws come into effect. 19 Because in family daycare, for 20 instance, which would in fact be affected by 21 this bill, it does not require a special zone 22 for persons to operate a family daycare within 23 their own facility. And if they have more 24 than one site that is covered by the license, 25 it will still not be the primary resident of

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(518) 371-8910 1 the owner, but the licensed center will still 2 be covered. 3 I think this bill presents a 4 problem for the daycare people. And I would 5 really like to hope that Senator Trunzo would 6 give us an opportunity to explore this some 7 more, to look at how we can look at the 8 language to ensure that those legitimate 9 daycare homes and family daycares that do 10 exist in communities will not in fact be 11 adversely affected by the way in which this 12 bill is framed. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator. 16 Is there any other Senator wishing 17 to be heard on the bill? 18 The debate is closed. 19 The Secretary will ring the bell. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1265 are 3 Senators Hassell-Thompson and Montgomery. 4 Also Senator Schneiderman. 5 Those Senators absent from voting: 6 Senators Gonzales and Hannon. 7 Ayes, 55. Nays, 3. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1380, by Senator Maziarz, Senate Print 1160, 12 an act to amend the Criminal Procedure Law. 13 SENATOR SCHNEIDERMAN: Brief 14 explanation, please. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Maziarz, an explanation has 18 been requested. 19 SENATOR MAZIARZ: Thank you very 20 much, Madam President. 21 This legislation would expand the 22 scope of criteria that judges are allowed to 23 consider when setting bail. This bill would 24 give the judge discretion to decide if the 25 individual is a possible threat to the alleged

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(518) 371-8910 1 victim, if the individual has made any prior 2 threatening comments to the alleged victim. 3 This legislation would also allow 4 the judge to decide whether or not the 5 individual has violated past court orders when 6 setting bail. The judge would be able to 7 consider if the defendant has a pattern of 8 violence or threats of violence against the 9 victim or towards others. 10 While this bill would cover all 11 bail proceedings, I'm most concerned with 12 setting of bail in the cases of domestic 13 violence. My very learned colleague Senator 14 DeFrancisco, one of the preeminent attorneys 15 in all of New York State, informs me that -- 16 well, Senator Schneiderman asked me to be 17 collegial. So I'm just being collegial, Madam 18 President. 19 But Senator DeFrancisco has 20 informed me that this is the identical type of 21 criteria that is used at the federal level. 22 Thank you. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Schneiderman, on the bill.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: This bill 2 has come before us before, and I'll be voting 3 against it for the same reasons as I voted 4 against it in the past. 5 The problem I have with it is that 6 I don't believe that this bill as it is 7 currently drafted would have the effect that 8 the sponsor has just articulated. 9 The problem with this bill is that 10 it changes every bail hearing -- not just 11 hearings for people who have been indicted, 12 hearings for anyone who is brought in before a 13 court where there's an issue of possibility of 14 bail. And it adds a second, completely 15 independent type of open-ended inquiry to the 16 current bail procedures. 17 Now, currently a court can take 18 into account lots of factors in evaluating 19 whether or not someone is likely to show up in 20 court. Certainly the propensity of that 21 person to go out and commit another crime is a 22 factor that is routinely considered now under 23 the current law of the State of New York. 24 This would require an additional 25 open-ended inquiry into the principal -- I'm

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(518) 371-8910 1 now reading from the bill -- whether the 2 principal -- and again, they don't use the 3 term "defendant," because this includes people 4 who haven't been indicted -- whether the 5 principal is a danger to the alleged victim, 6 members of the community, or to him- or 7 herself. 8 This is essentially an unfunded 9 mandate that courts conduct a psychological 10 inquiry into whether someone is suicidal, 11 whether someone could potentially be a danger 12 to some third party, that has nothing to do 13 with the crime that is alleged. 14 So I think this is something that 15 is -- it's not carefully enough crafted to 16 accomplish the goal that the sponsor has set 17 out for himself in getting additional 18 protections for people who may be victims. 19 And this is a serious problem. And 20 I acknowledge that, particularly in domestic 21 violence situations, this is something that 22 courts should take that account. Courts are 23 allowed to take that into account now, but 24 they're not required to conduct an open-ended 25 inquiry on this issue.

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(518) 371-8910 1 I also would suggest that when 2 you're talking about bail hearings that then 3 turn into psychological evaluations, this 4 would exacerbate the existing disparity 5 between rich people and poor people. Because 6 you want -- if there's an allegation that 7 someone is suicidal or is, you know, capable 8 of violence -- this could be someone who's 9 pulled over for, you know, some problem -- 10 maybe drunk driving, perhaps -- is brought in 11 and then the whole question of whether or not 12 this person in a totally unrelated matter 13 might have threatened someone has to be 14 evaluated in a hearing. 15 That's not practical, it's not a 16 good use of court resources. And people who 17 can afford lawyers and psychiatrists and 18 things like that would have an unfair 19 advantage. 20 So I'm going to be voting no, Madam 21 President. I appreciate the sponsor's 22 sincerity and passion on the issue of trying 23 to prevent particularly domestic violence 24 situations, but I don't think this bill as 25 drafted would accomplish that goal.

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(518) 371-8910 1 I don't think it will be passed 2 into law in the Assembly, and in its current 3 form I don't think it should be passed. So I 4 will be voting no once again. 5 Thank you. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Are there any other Senators 9 wishing to be heard? 10 The debate is closed. 11 The Secretary will ring the bell. 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT LITTLE: The 20 Secretary will announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1380 are 23 Senators Andrews, Breslin, Connor, 24 Hassell-Thompson, L. Krueger, Montgomery, 25 Parker, Paterson, Schneiderman and A. Smith.

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(518) 371-8910 1 Those Senators absent from voting: 2 Senators Gonzales and Hannon. 3 Ayes, 48. Nays, 10. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1586, by Senator Padavan, Senate Print 1263, 8 an act to amend the Criminal Procedure Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 SENATOR SCHNEIDERMAN: 12 Explanation. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Padavan, for an 16 explanation. 17 SENATOR PADAVAN: Thank you, 18 Madam President. 19 Currently the law provides, in a 20 case where someone would seek a verdict of 21 acquittal by reason of insanity, two choices 22 open to the jury. One would be acquittal by 23 reason of insanity, and the other would be 24 guilty. Two extremes in what are usually very 25 complex cases.

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(518) 371-8910 1 What this bill would provide for is 2 a third alternative: guilty but mentally ill. 3 Something that is now currently the law, it 4 has been for many years in 20 states, such as 5 California, Illinois, Vermont, just to name 6 several. 7 There's an interesting article in 8 the Law Journal not too long ago that related 9 to this issue, and they talked about the 10 Kendra case. You may recall in that case a 11 young lady was killed, and the first trial 12 ended in a hung jury because two of the jurors 13 were concerned that that individual 14 perpetrator had a degree of mental illness. 15 The other 10 had voted guilty. There was a 16 second trial, and at that time he was found 17 guilty. 18 It seeks to highlight the need for 19 alternative, an alternative that allows the 20 defendant to plead guilty but mentally ill, to 21 seek that particular cause of action and 22 determination by a jury. 23 What will it do for that 24 individual? First, when he goes to prison, he 25 will have to be provided -- and it's in the

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(518) 371-8910 1 statute that we propose -- specific care and 2 treatment for mental illness. If his mental 3 illness becomes reduced or to a level that's 4 appropriate or cured, for that matter, he 5 would then be transferred to a psychiatric 6 facility. That is what the law provides. 7 Now, currently, someone who is 8 acquitted by reason of insanity goes to a 9 secure mental health facility such as 10 Mid-Hudson and every two years he can apply 11 for reevaluation and release. If 12 psychiatrists say he's not longer mentally 13 ill, he can be back out on the street. And 14 that's something that concerns the 15 prosecutors, it concerns juries and concerns 16 the general public. 17 So in doing this, we are in effect 18 solving two problems. First, we're making 19 sure that someone who is mentally ill yet 20 guilty, when he or she goes to prison, will be 21 treated for that mental illness. 22 And, secondly, we prevent the abuse 23 of someone who is acquitted by reason of 24 insanity and is back out in a reasonably short 25 period of time in society, which many would

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(518) 371-8910 1 consider to be certainly a miscarriage of 2 justice. 3 Now, there are two things that this 4 bill does not do, and I think it's important 5 for those of you who might be scholars on the 6 subject. It does not eliminate the insanity 7 defense, acquittal by reason of insanity, 8 meaning, in simple terms, that the individual 9 did not know the consequences of his act. 10 It's referred to frequently as the M'Naghten 11 Rule, something that occurred in England 12 decades ago. 13 It does not eliminate that. That 14 is still a plea that can be entered by a 15 defendant. So we want to be sure of that 16 fact. 17 And what it doesn't do is allow for 18 someone who is found guilty to not have his 19 mental illness, which is recognized certainly 20 during the course of a trial either by 21 psychiatric evaluation ordered by the court or 22 whatever -- it does not permit that that 23 illness would not be treated. 24 So those are the things it proposes 25 to do and, importantly, what it doesn't do.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Schneiderman. 4 SENATOR SCHNEIDERMAN: Thank you, 5 Madam President. On the bill. 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senator Schneiderman, on the bill. 8 SENATOR SCHNEIDERMAN: I think 9 that it's interesting just to hear this really 10 from -- this really is an issue that has a lot 11 of different aspects to it. We have spoken 12 quite a bit here and my colleague Senator 13 Duane has spoken quite a bit about the issue 14 of ensuring that all people in New York who 15 have a need of treatment for mental 16 disabilities or problems get it. 17 And I think that there is certainly 18 a need in our prison system to ensure, as 19 Senator Padavan pointed out, that people who 20 have mental problems get the treatment they 21 need when they're incarcerated. 22 The problem with this bill and the 23 reason that I oppose is that what we're really 24 talking about here is changing a system in 25 which a tiny portion of the criminal

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(518) 371-8910 1 defendants in this state ever are acquitted by 2 reason of insanity or, as the Senator pointed 3 out, really a finding that they didn't 4 understand what they were doing. And I think 5 the image that was used in a previous year's 6 debate was someone who was cutting a person 7 and really thought they were cutting a piece 8 of fruit at the time. They don't know the 9 consequences of their act, as Senator Padavan 10 said. 11 The difficulty with this bill is 12 that you would open the door to jurors who I 13 think would quite easily be confused by this. 14 You have someone who does something terrible, 15 pushes someone onto a subway platform. You 16 want to punish that person. But if you 17 believe the person truly did not understand 18 what they were doing, guilty but mentally ill 19 offers the possibility of someone going to 20 prison. It just is an easier decision for a 21 juror to make. And yet they will be led to 22 believe, I'm sure, by the prosecution they 23 will receive the proper treatment but they 24 will be guilty. 25 I think it's going to make it much

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(518) 371-8910 1 harder for us to actually apply the existing 2 law that provides that people who truly do not 3 know the consequences of their action lack the 4 mental state necessary to commit the crimes at 5 issue. 6 I mean, the intention of someone, 7 the mental capacity of someone, is a critical 8 issue in the criminal law. And it is not just 9 an issue of people with mental health 10 problems, it's an issue of diminished capacity 11 through intoxication, sometimes through age. 12 Children are subject to different standards 13 because of it. And I'm afraid that this 14 particular approach would confuse the issue. 15 The fact of the matter is if you 16 don't know what you're doing, if you meet the 17 definition of the M'Naghten Rule, then you 18 should be acquitted by reason of insanity. 19 It's a very tiny number of defendants. It's a 20 very tiny number of people. 21 And I don't think we should seal 22 that rule off. They don't have the mental 23 capacity to understand the wrong they're 24 doing. They don't meet the requirements of 25 mens rea for the crime. And I think that

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(518) 371-8910 1 that's something that should be left intact. 2 This bill would open the door, I'm 3 afraid, to jurors feeling that, Well, I don't 4 think they really knew what they were doing, 5 but they are guilty in the sense that they did 6 commit the action. And I think it would very, 7 very difficult. 8 Also, again, and I think this is a 9 very important point, when you open up the 10 door -- and this was true of the bill we just 11 debated earlier -- when you open up the door 12 to this kind of assessment of mental capacity, 13 there is a disparity between people who can 14 afford expert testimony and to hire 15 psychiatrists and to have private attorneys 16 dealing with it, and people who cannot afford 17 it. 18 So I'm going to vote against this. 19 I think it doesn't address the real problem 20 that needs to be addressed. The real problem 21 that needs to be addressed is really that we 22 don't have the facilities and the resources 23 for treatment of the mentally ill in the State 24 of New York. 25 Senator Nozzolio actually sponsors

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(518) 371-8910 1 a very good bill which provides for the 2 creation of psychiatric correctional 3 facilities and transitional services for state 4 prison inmates with severe mental illnesses. 5 So I would wish that we would take that bill 6 up. 7 And I again am constrained to vote 8 no on this bill, which has been around, I 9 think, since the early 1980s. And I don't 10 think it's going to move forward this year any 11 more than it has in the past. I think it's 12 time to move off of this approach and to look 13 at things like Senator Nozzolio's bill that 14 provide, I think, a much more direct way of 15 addressing the real problem here. 16 Thank you, Madam President. 17 ACTING PRESIDENT LITTLE: Thank 18 you, Senator Schneiderman. 19 Senator Connor. 20 SENATOR CONNOR: Thank you, Madam 21 President. 22 Madam President, I think maybe this 23 bill has been around since the late '70s. I 24 wasn't going to debate, because I remember 25 debating it in 1979 or 1980. I just wanted to

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(518) 371-8910 1 congratulate Senator Padavan for his 2 persistence. Something tells me it's not 3 going to jump into the law books this year 4 either. 5 I want to thank Senator 6 Schneiderman for picking up the cudgels here. 7 I remember saying pretty much saying the same 8 thing in 1980 about mens rea and how juries 9 might be -- their eye might be turned in the 10 wrong direction by this as an option. 11 I remember Senator Padavan used to 12 quote in the early '80s a professor, I think 13 he was at SUNY New Paltz -- Thomas something 14 or other, Gross or Gropps or something -- who 15 was the expert in the field. And this was 16 really a hot topic then. This was really a 17 forward-looking -- being urged, I should say, 18 by a number of people a as a forward-looking 19 approach. 20 I suspect that professor has gone 21 on to the great tenure in the sky, or at least 22 Florida or somewhere else. Senator Padavan is 23 still here, and we're all glad for that. 24 And I still think the bill is a bad 25 idea, and I'm still going to vote no. And I'm

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(518) 371-8910 1 not going to get as worked up about it as I 2 did in the early '80s when I thought this 3 might actually become part of the law books. 4 ACTING PRESIDENT LITTLE: Thank 5 you, Senator Connor. 6 Is there any other Senator wishing 7 to be heard? 8 If not, the debate is closed and -- 9 Senator Padavan. 10 SENATOR PADAVAN: Just to explain 11 my vote. 12 ACTING PRESIDENT LITTLE: We have 13 to ring the bell. 14 The Secretary will ring the bell. 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT LITTLE: Senator 22 Padavan, to explain his vote. 23 SENATOR PADAVAN: I just want to 24 explain my vote, if I may. 25 One of the things I failed to

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(518) 371-8910 1 mention earlier as a positive aspect of this 2 bill -- it's not going to change any votes, 3 but I think it ought to be on the record -- is 4 the issue of probation. If someone is found 5 guilty but mentally ill, serves a sentence 6 perhaps of five years or more and then is put 7 on probation, under current law, there would 8 no follow-up treatment involved. That person 9 might relapse back into some state of mental 10 illness that would be quite disastrous for him 11 or her or the public. 12 This bill requires that a condition 13 of probation be continued mental health care, 14 which I think is significant. 15 Now, the other concerns that were 16 mentioned here belie the fact that California 17 enacted this in 1984, Illinois in 1981, 18 Michigan in 1991, Pennsylvania in 1982. This 19 is not a new concept. It's been a law in 20 these states, and I don't think we can view 21 them as being backward, unenlightened 22 jurisdictions. It's been in law for decades, 23 and they've found no problems with it. 24 Yes, it's not used very often. 25 These cases don't come up very often. But

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(518) 371-8910 1 when they do, they become significant. And I 2 think we should take that into consideration. 3 I vote aye. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Padavan. 6 Senator Padavan votes in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 1586 are 11 Senators Andrews, Breslin, Connor, Coppola, 12 DeFrancisco, Duane, Hassell-Thompson, 13 L. Krueger, C. Kruger, Montgomery, Parker, 14 Schneiderman, Serrano, A. Smith, M. Smith, 15 Stachowski and Stavisky. 16 Absent from voting: Senator 17 Gonzalez. 18 Ayes, 42. Nays, 17. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1633, by Senator Little, Senate Print 6546, an 23 act to amend the Executive Law. 24 SENATOR SCHNEIDERMAN: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator 2 Little, an explanation has been requested. 3 SENATOR LITTLE: Thank you. 4 This bill would amend the 5 Adirondack Park Agency Law and the Executive 6 Law that governs the Adirondack Park. 7 What I would like to explain before 8 I go through this is a little bit about the 9 Adirondack Park, a 6-million-acre park. I 10 represent a great deal of it. Three million 11 acres are owned by the State of New York; 12 about 3 million acres -- actually, less than 13 that -- are owned by private individuals. 14 All of the land within the 15 Adirondack Park is under the jurisdiction of 16 the Adirondack Park Agency. Within that 17 jurisdiction, they have land classifications. 18 And in those land classifications, they allow 19 how many buildings can be permitted within a 20 certain amount of acreage. 21 You have a hamlet, and those are 22 the concentrated areas of the park -- by the 23 way, there are 105 towns in the park -- and in 24 that area you can have the concentration of 25 buildings. With the moderate intensity, you

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(518) 371-8910 1 have can have one building for 1.5 acre; low 2 intensity, you can have one building for 3 3.5 acres; rural use, 1 building for 8.3 4 acres; and resource management, where you can 5 have one building for 42 acres. 6 Over 26 percent of the park is 7 zoned resource management, so that you can 8 have one building for 42 acres. And if that 9 resource management is within the state land, 10 then you can have no buildings for 42 acres. 11 In recent years the state has 12 continued to purchase land in the Adirondack 13 Park. Every time they purchase land, while it 14 does improve -- and I really know that our 15 value in the Adirondacks, our attraction for 16 tourists is because we have so much open space 17 and recreational opportunities. So the state 18 land certainly is an asset. But every time 19 the state purchases land, that eliminates a 20 building right. 21 So if they purchase 10,000 acres of 22 resource management land, where you could 23 build one house for 42 acres, they have 24 eliminated 260-some houses or properties from 25 that amount of land.

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(518) 371-8910 1 What we are saying is that those 2 building rights should be able to be 3 transferred to the local government. 4 Now, does that mean that there 5 would be 268 buildings? There probably 6 wouldn't be. But it would give local 7 governments the opportunity to use those 8 building rights on other classifications of 9 land or increase the density in the hamlets or 10 in the moderate-intensity areas. 11 Right now, to transfer a building 12 right, you have to go through a very lengthy 13 process with the Adirondack Park Agency. 14 Which in many ways makes it all very elitist, 15 because if you don't have an engineer or a 16 lawyer, an architect, a planner and an 17 archeologist to examine your land, you're not 18 going to get a permit. 19 Now, one of the oppositions to this 20 is the Adirondack Park Agency. And this is a 21 new bill, and I think that there may be 22 opportunities to maybe reduce the amount of 23 building rights that are transferred. Like a 24 percentage would be transferred and put in a 25 bank with that local government. And that's

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(518) 371-8910 1 something that we can certainly look at. 2 But in their opposition, they talk 3 about 500 permit applications expected this 4 year. Keep in mind, some of those permit 5 applications are for a deck, for a garage, for 6 any kind of add-on to an existing structure, 7 or a boathouse. And if you are in a town that 8 does not have an approved APA land-use 9 zoning -- and there are only 12 of those towns 10 that have those -- everything goes through the 11 Adirondack Park Agency. 12 They also claim that many of those 13 are for 100-to-300-unit developments. To my 14 knowledge, there are two large developments 15 planned and in the process of going before the 16 APA. One of them is in Tupper Lake and one of 17 them is in North Creek, and they are 18 condominiums, for the most part are going to 19 be second homes. 20 At any rate, the reason for this 21 bill is to allow for changes in the hamlet. 22 If we could increase the building rights and 23 the density in the hamlets, we would be able 24 to expand our hamlets and have those building 25 rights and have those in a bank.

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(518) 371-8910 1 There's one town in Hamilton 2 County, the town of Arietta, 96 percent of the 3 land in that town is owned by the State of 4 New York. It's very difficult to have a 5 community and have what you need in a 6 community in a town that only has 4 percent of 7 its land allowed for private development and 8 for people to live on. And actually the 9 school, I believe, has 15 students. 10 So that's what we're up against. 11 And this bill we would hope would be something 12 that would help us correct and to be able to 13 accommodate more people living within the 14 Adirondack Park so that we could have 15 sustainable communities. 16 SENATOR OPPENHEIMER: Madam 17 President, if the Senator would yield for a 18 couple of questions. 19 ACTING PRESIDENT YOUNG: Thank 20 you, Senator Oppenheimer. 21 Senator Little, will you yield? 22 SENATOR LITTLE: Yes, I will. 23 SENATOR OPPENHEIMER: Thank you, 24 Senator. 25 I thought that in the hamlets there

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(518) 371-8910 1 weren't restrictions. And you seem to be 2 saying -- 3 SENATOR LITTLE: There aren't. 4 There are no restrictions. Although if the 5 hamlet is in a town that does not have an 6 APA-approved zoning land use plan, then it has 7 to go through the Adirondack Park Agency to 8 get a permit to build. 9 But some of the hamlets are very 10 small. They don't like a hamlet unless you 11 have water and sewer for that hamlet, and 12 that's very expensive. I mean, when you have 13 to run a sewer pipe 600 feet to get from one 14 house to another house, it makes it a lot more 15 expensive. And the annual income of the 16 year-round residents is very low. So that in 17 itself is a problem. 18 We need to expand our hamlets. But 19 these building rights would allow for a 20 building right to be given or increase the 21 density in a moderate-intensity area, which is 22 1 1/4 acres, normally. Many, many people talk 23 about affordable housing and how we can do it, 24 and I know it's an issue in everyone's 25 district. But it's very difficult to have

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(518) 371-8910 1 affordable housing when you need 8.5 acres for 2 one house or 42 acres for one house or 1 1/3 3 acres for one house. And other than that, 4 you're in the hamlets. 5 So this is necessary -- I mean, 6 I'll be the first one to admit this is 7 probably going to have to be negotiated. But 8 the point is to put this on the table so that 9 we can do something to help sustain community 10 developments within the Adirondack Park. 11 SENATOR OPPENHEIMER: And if I 12 may -- 13 ACTING PRESIDENT YOUNG: Senator 14 Little, will you continue to yield? 15 SENATOR LITTLE: Yes. 16 ACTING PRESIDENT YOUNG: Senator 17 Little yields. 18 SENATOR OPPENHEIMER: I 19 understand the pressures on both sides in the 20 Adirondack Park. I spent many, many years 21 having discussions with Ron Stafford on this. 22 And of course we want the people 23 who live in the park to be able to have work, 24 employment. They want also to have a 25 sustainable environment, because they

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(518) 371-8910 1 recognize the need of tourists; tourists come 2 there and spend their money there. 3 Why have some of -- here's the 4 question. Why have some of the hamlets not 5 even proposed plans for their -- you know, 6 they're supposed to be developing plans for 7 their areas. And why have they not done that? 8 SENATOR LITTLE: Because most of 9 the people in the Adirondack Park feel that 10 having to have a plan development approved by 11 the Adirondack Park Agency is very difficult 12 and makes life very difficult. 13 The Adirondack Park Agency, the 14 APA, has jurisdiction over a building if it is 15 over 40 feet tall even if you have a plan. 16 And I also have a bill that says that they 17 need to measure that 40 feet the same way the 18 building code enforcement laws of New York 19 State measure 40 feet. They do not. They are 20 currently -- they measure from the slope of 21 land and the lowest slope. 22 I mean, I have so many horror 23 stories I could tell you. And my frustration 24 level obviously is very high. 25 However, we need some assistance

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(518) 371-8910 1 and we need understanding. And I don't think 2 that people from the city or from your area 3 really understand, what would it be like if 4 you opened owned an apartment building with 5 100 apartments in it and you had a governing 6 agency, the APA -- whatever you want to call 7 it in your area -- that said it's very crowded 8 here, we now say you can only rent 50 of those 9 apartments. It makes it very tough. 10 SENATOR OPPENHEIMER: That sounds 11 a bit bizarre. But -- 12 SENATOR LITTLE: We believe it is 13 bizarre. 14 SENATOR OPPENHEIMER: But on the 15 other hand -- and I think another question, if 16 you will yield. 17 ACTING PRESIDENT YOUNG: Senator 18 Little, will you yield? 19 SENATOR LITTLE: I continue to 20 yield. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator. 23 SENATOR OPPENHEIMER: You would 24 agree with me, I believe, that the goal of the 25 state land acquisition is specifically to

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(518) 371-8910 1 prevent great future development in the area 2 where they want to protect open space, and 3 they want to protect water quality and they 4 want to protect, in a way, tourism. 5 So do you agree that the state 6 seems to have an important role here that 7 would benefit the people that live in the 8 area? 9 SENATOR LITTLE: Thank you. In 10 answer to your question, I do believe that the 11 state and the Adirondack Park Agency and the 12 Adirondack Council, their purpose is to 13 control development and to prevent increased 14 development of the Adirondack Park. 15 But I will tell you that tourism is 16 very, very important in our area, but I 17 believe that we're headed for a day when there 18 will be no one to pump the gas. We have 19 chambermaids who can work in Lake Placid who 20 are driving 40 miles at the price of gas today 21 to go to a chambermaid job and to go home. 22 And there is very little public 23 transportation. 24 We also have declining enrollment 25 in almost all of our schools -- I've gone

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(518) 371-8910 1 through this before, and I don't mean to -- 2 but declining enrollment, we have nursing 3 homes that are not at occupancy rates, making 4 it very difficult for them. We have a 5 grocery-store chain that could not be 6 sustainable, they've closed, and we have a few 7 that have been able to reopen. 8 Sustainable communities are very 9 difficult for year-round residents. We love 10 the second homes, we love the tourists. We 11 need to have sustainable communities where we 12 have year-round residents as well. 13 SENATOR OPPENHEIMER: Thank you, 14 Senator. 15 If I may, on the bill, please. 16 ACTING PRESIDENT YOUNG: Senator 17 Oppenheimer, on the bill. 18 SENATOR OPPENHEIMER: I do hope 19 that the two sides will sit down, both houses, 20 and try and work this through. The Adirondack 21 Park is such a complex area with, you know, 22 about half owned privately and about half 23 owned publicly. And it's fraught with a lot 24 of complicated issues. 25 But I think it would be incongruous

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(518) 371-8910 1 for the state to have purchased this land for 2 the purpose of open space and then to give it 3 to the local government for the purpose of 4 development. It just seems incongruous to me. 5 I hope this can be worked out, the 6 interests of both sides, the open space and 7 the need to have areas where the housing can 8 be built on small plots. That is necessary, 9 and there has to be a lot more negotiation. 10 But for the time being, I will have to be in 11 the negative. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator. 14 Senator Farley. 15 SENATOR FARLEY: Yes, I rise in 16 support of this bill. 17 I represented Hamilton County, 18 which is one of the largest counties in the 19 State of New York in area, 5,000 people, for a 20 number of years and spent a lot of my 21 formative years growing up in Hamilton County, 22 in Indian Lake. 23 But, you know, what Senator Little 24 is talking about -- and when I first came into 25 the Senate, I think some of the older members

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(518) 371-8910 1 would remember it, there was almost like open 2 warfare between the natives up there and the 3 APA, which was unfortunate. It's gotten a 4 little bit better. But believe me, the 5 Adirondacks -- and for the people that are 6 living there, it's almost depressing. They're 7 some of the poorest, most discouraged -- town 8 after town has lost their grocery stores. 9 It's just unbelievable. They move out, the 10 grocery stores close. 11 And this is just a modest thing 12 saying please allow us to keep these building 13 rights so that maybe somebody can come and 14 live in this area. Because it is a very 15 difficult lifestyle. If you want to see 16 people that are really deprived, go up to 17 Senator Little's district. Now, it looks very 18 nice to drive through as far as tourists are 19 concerned, but it's a very hard place to live. 20 And what this does is to try to 21 help the people that are living there or would 22 be living there. And I think it's a 23 reasonable piece of legislation. If anybody 24 thinks that this is going to become law, I 25 think it's kind of unrealistic. But at least

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(518) 371-8910 1 she's getting the issue out there on the table 2 so that some of these people that live in the 3 Adirondack Park -- and I do have some of them, 4 even now, in my district, but -- because they 5 really need some sort of attention by this 6 Legislature. 7 The late Senator Stafford spent 8 most of his career talking about some of the 9 inequities that are happening to the people 10 that live up there. 11 I'm going to vote aye, and I think 12 it's a good piece of legislation. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Farley. 15 Senator Bonacic. 16 SENATOR BONACIC: Thank you, 17 Madam President. 18 I want to thank Senator Little for 19 her explanation of this problem. 20 We have a little bit of the same 21 problem in Delaware County, where we have 22 economic strangulation because of the 23 regulations of DEP. The rules are so 24 stringent that you can't do any building. And 25 what's happening is you are seeing people

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(518) 371-8910 1 leave that county. It's getting more 2 difficult to bring professionals in that 3 county of medical personnel, doctors, 4 teachers. 5 And the case that Senator Little is 6 making is so much more extreme. And the best 7 way I can describe it is this way. New York 8 City, I'm told -- and I'm not sure if I'm 9 factually correct -- is about 11,000 acres. 10 About. I'm not sure. Approximately. You 11 have 8.5 million people. The acreage that 12 Senator Little is talking about is somewhere 13 close to 6 million acres, and the population 14 is 130,000 people. 15 And this legislation is talking 16 about recapturing some building rights for 17 maybe, to the maximum, increasing that 18 population by 10 percent. 19 Now, when we have elected officials 20 that carried the water for the environmental 21 lobbyists, there's nothing wrong with that. 22 But you have to distinguish those 23 environmentalists that are what I call fringe, 24 that never want to see a leaf disturbed, who 25 never want to see a house built. I call that

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(518) 371-8910 1 extreme environmentalists. That's not the 2 environmental community that I support. 3 So we always ask for a balance, an 4 equity. But keep those figures in mind: 5 11,000 acres, 8.5 million people; 6 million 6 acres, 130,000 people. 7 Thank you, Madam President. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Bonacic. 10 Senator Schneiderman. 11 SENATOR SCHNEIDERMAN: Thank you, 12 Madam President. 13 I join Senator Oppenheimer and 14 others here in hoping this will be negotiated 15 out. I appreciate the comments of Senator 16 Little, the sponsor, and my other colleagues. 17 I do, however -- I personally don't 18 view the Adirondack Council and the EPL as 19 fringe characters. I think they're raising a 20 legitimate question. If we have a state 21 program that spends state money to acquire 22 land to prevent development, if we then just 23 turn the development rights over to a local 24 government, what's the point of having a state 25 program?

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(518) 371-8910 1 I mean, this is, you know -- I wish 2 that my local governments could get land 3 turned over to them that we pay for with state 4 money. But I don't think that's fair or 5 reasonable. 6 I also raise a serious question. I 7 know this is a new bill and as we move 8 forward, hopefully, in efforts to get some 9 more reasonable negotiations underway, which 10 as Senator Little has said is her intent, I 11 think there may be a constitutional problem 12 with this. I don't think that the state is 13 allowed or should be allowed to simply 14 transfer valuable development rights for no 15 consideration, no compensation, to a local 16 government. 17 So both on a practical level -- 18 there's no point having a state program to 19 spend state money to prevent development if 20 we're then going to just transfer the 21 development rights -- and on a constitutional 22 level, that the state is not allowed to just 23 give away resources, I think that this is a 24 bill that needs some work. 25 I will be voting in the negative,

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(518) 371-8910 1 but I do understand and appreciate the 2 concerns that are raised here. And I hope we 3 will be able to take action that does allow 4 these communities to survive and indeed to 5 flourish. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Schneiderman. 9 Senator Volker. 10 SENATOR VOLKER: Madam President, 11 I'm one of those people that was here back in 12 the '70s when the Adirondack Park was created. 13 I understand the politics of the Adirondack 14 Park. 15 Let me tell you something. In 16 order to get rid of the land in the Adirondack 17 Park, if you opened up the entire Adirondack 18 Park, we'd all be dead before they ever got 19 through one-third of it. You have to realize 20 how huge it is. You've got to be there to 21 understand it. I've been around the up North 22 Country my whole life. I was there when I got 23 the call from Laurence Rockefeller saying, 24 "Assemblyman Volker, I hope you'll vote for my 25 park -- my park."

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(518) 371-8910 1 Because remember, the arrogance of 2 the people that formed this whole thing was 3 unbelievable. It was Nelson Rockefeller and a 4 very strong group of wealthy environmentalists 5 who decided they were going to take a piece of 6 land that is bigger than most of the -- I 7 think it's not bigger than the whole of 8 New England, but it's pretty close. 9 The problem is, I can assure you if 10 there were anything close to the restrictions 11 on the Adirondack Park anyplace in New York 12 City, this place would explode in a pile of 13 whatever. 14 The Adirondack Park and the 15 Adirondack area -- not just the Adirondack 16 Park, the area -- has been in recession for 17 30-some years. The interesting thing is all 18 this talk about upstate New York, it's the 19 Adirondacks that are in terrible shape. But 20 no one really cares. The environmentalists 21 could give a damn. And the reason they don't 22 care is they don't care about the people, they 23 care about the land. And I think it's just 24 such arrogance. 25 What she's talking about here is a

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(518) 371-8910 1 very, very minute part of the Adirondacks. If 2 you developed all that and really developed 3 it, you'd still have a little piece in this 4 whole huge -- I mean, I would ask every member 5 of this Legislature, and I know a lot of you 6 have -- to go up to the Adirondacks. Of 7 course there's a lot of it you can't get even 8 in any place. I was up to the Beaver River 9 Falls, which is near Old Forge, which is about 10 as far up as you can go. That's where the 11 road stopped. I've fished and hunted. 12 Although where I go most of the time is in 13 Senator Wright's district, which is in Black 14 Lake, which is farther over. 15 The only thing I got to say to you 16 is the one thing that bothers me the most is 17 the absolute arrogance of some of the people 18 who say, Look, you can't -- that's our land, 19 our. That's New York State's land. That's 20 the wealthy environmentalists. They own this 21 land. After all, they're the ones that got 22 this amendment through. The arrogance is 23 unbelievable. And they don't even go there 24 very much. Oh, they live in their big estates 25 and all that.

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(518) 371-8910 1 But, you know, I hate to say this, 2 as I've gotten a little older -- I know I 3 probably shouldn't say this stuff, except that 4 it's these people that are why our taxes are 5 as high as they are. It's why the Adirondacks 6 is a sad place. No one seems to care about 7 the people except the representatives there. 8 And I don't mean the people of this chamber; 9 they just don't realize. 10 The people who are part of the EPL 11 and all these other -- they're not from the 12 Adirondacks. They're from other parts of the 13 state. Some of them are from my part of the 14 state. I know who they are. Most of them 15 have estates up there that are huge. And 16 that's wonderful, except for one thing. 17 There's people up there. There's towns and 18 villages. 19 And it just seems to me -- and if 20 it were my part of the state, I'd be jumping 21 up and down, I'd be screaming, I'd be chasing 22 everybody. They're the way Western New York 23 was after Bethlehem left and all the other 24 people. Now we've got a lot better situation, 25 because we were able to do it. They are not

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(518) 371-8910 1 able to do it, because an agency and groups 2 are keeping them from doing even a modicum of 3 development. 4 So, you know, I won't -- there's no 5 sense, I know, talking -- the Assembly 6 wouldn't listen to us anyways. And we realize 7 that. But Betty is absolutely right. And, 8 you know, you talk about crying out for 9 justice. The Adirondacks cries out for 10 justice. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Volker. 13 Senator Montgomery. 14 SENATOR MONTGOMERY: Thank you, 15 Madam President. 16 I rise to join my colleagues who 17 have some concerns. And I just want to say to 18 Senator Little and any other Adirondack Park 19 rep in here -- I don't know if there's any; I 20 don't believe so. It belongs to her at this 21 moment -- that I think that it's certainly in 22 the state's interest to have such a wonderful 23 preserve as this. And hopefully it will 24 remain open space and the beauty of it will be 25 able to be appreciated, for generations to

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(518) 371-8910 1 come, forever. 2 But I hope that we can also plan 3 for any development that happens there that 4 would be of economic benefit to the area, the 5 people who live there and who are looking for 6 economic improvements and opportunities. But 7 that it's balanced very well with the issue of 8 the need for open space. 9 And I certainly think that there is 10 opportunity. It's a magnificent, beautiful 11 state. The park is certainly part of it. And 12 I have great hope that with the economic 13 upswing that the park will be able to part of 14 that, as every other part of the state. 15 So I'm going to vote no just as a 16 precautionary measure, with the hope that we 17 will have some way of negotiating this issue 18 for the benefit of all of us in the state. 19 Thank you, Madam President. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator Montgomery. 22 Senator Connor. 23 SENATOR CONNOR: Thank you, Madam 24 President. 25 I'm just a little surprised. I

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(518) 371-8910 1 I've been in this chamber for -- this is my 2 29th session, and over the years most of the 3 class-warfare rhetoric I've heard has come 4 from this side of the aisle. And I'm kind of 5 surprised to hear a dear colleague on the 6 Republican side talking in class-warfare 7 terms. 8 But I'm very familiar with the 9 Adirondacks. I have a little place there and 10 have been going there for years before I had a 11 place there. I've slept on the ground, in 12 tents, and been in all sorts of places in the 13 Adirondacks, and I've fished, done a lot of 14 fishing there and a little bit of hunting. I 15 love the Adirondacks. 16 It is the largest wilderness east 17 of the Mississippi. So if you think about 18 other wilderness areas -- like, you know, they 19 talk about the Ozarks and Maine and 20 whatever -- right here we have the largest 21 wilderness east of the Mississippi. Larger 22 than you'll find in West Virginia and all 23 these other places people talk about being 24 wild country. We got it here. 25 And, look, the Adirondack Park

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(518) 371-8910 1 didn't get created when the Adirondack Park 2 Agency was created. The Adirondack Park goes 3 back into the 19th century and constitutional 4 protections that it should be forever wild. 5 Teddy Roosevelt spent a lot of time there, to 6 talk about the upper classes on the Republican 7 side -- hunted, fished, was actually in the 8 Adirondacks when he got the telegram saying 9 that out in Buffalo, Senator Volker's area, 10 President McKinley had been shot and was 11 laying on his deathbed, and rode a horse and 12 carriage down to the railhead at night on a 13 wilderness road to go off to Buffalo and 14 become president under sad circumstances. 15 So the Adirondacks has meant a lot 16 to New Yorkers of all classes for a lot of 17 years. And let me say, at least -- you know, 18 maybe it's me; my place is not like any of 19 these fancy places in the Adirondacks. Pretty 20 country, pretty rural, and not a lot of rich 21 people around there. A lot of great folks, 22 though, that I enjoy spending time with. 23 And I'm kind of conflicted about 24 this bill, because as the ranker on Local 25 Government -- I think Senator Little and I

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(518) 371-8910 1 chatted about this a couple months ago -- I 2 think giving local towns and municipalities a 3 role in their development plans -- because 4 most of these municipalities don't have any 5 great big development plans. And frankly, at 6 least in this century we're in now, it's hard 7 to foresee that they'll undergo any major 8 developmental pressures in the way that the 9 rest of the state would understand it. 10 That said, almost none of these -- 11 80 or 90 of the municipalities, out of 110 or 12 so, 105 or whatever it is, have no development 13 plan. Now, that shouldn't surprise us, 14 because town officials are very part-time in 15 most of these municipalities. They don't have 16 big budgets for planning staffs or outside 17 consultants or whatever. 18 And I would like to see the 19 conflict represented by the opposition to this 20 bill being resolved by negotiations. But what 21 I would propose, if this Legislature is 22 serious about supporting Senator Little and 23 the residents of the Adirondacks for their 24 needs, the state ought to find a way to 25 appropriate money into a fund to provide the

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(518) 371-8910 1 technical assistance to all of these 2 municipalities so that they can come up with a 3 professional development plan that they submit 4 to the APA and they get approved. 5 I think it's beyond most of these 6 towns. They know what they want to do, but 7 when you're talking about preparing a plan, I 8 can't imagine about how a part-time 9 supervisor -- 10 ACTING PRESIDENT YOUNG: Senator 11 Little, why do you rise? 12 SENATOR LITTLE: Senator Connor, 13 if I could, just in your comments, in this 14 year's budget there was -- the Governor did 15 put planning money in for mountain communities 16 and for planning for the Adirondack 17 communities. 18 Many of these communities, 19 regardless of whether they have a planning or 20 zoning, once they have a building over 40 feet 21 high or they have any kind of a building lot 22 with a wetland, regardless of whether it's the 23 size of your desk or not, it goes under 24 Adirondack Park Agency anyway. 25 So many of them have rejected it,

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(518) 371-8910 1 but we are working towards that direction. 2 But there's a tremendous opposition and 3 conflict because of the way the APA has 4 operated with the towns. 5 So -- but there is money. As long 6 as you mention that, I did want to explain 7 that. 8 SENATOR CONNOR: Thank you. 9 Thank you, Senator Little. I'm delighted to 10 learn of that. That, for a variety of 11 reasons, wasn't the part of the budget I was 12 particularly focused on this year. 13 But I think, you know, we need to 14 support that kind of planned professional 15 development. It's going to be very limited in 16 most of these places. And it's not going to 17 threaten the wilderness character of the great 18 Adirondacks. 19 That said, I can't vote for this 20 bill because in essence what it says is when 21 the state acquires land, the state's not going 22 to get the whole basket that it acquired. In 23 fact, any developmental rights that are 24 attached to it are going to flip back to the 25 municipality. And I don't think that's right.

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(518) 371-8910 1 And most of the land that the state 2 acquires is pretty remote, from what I have 3 observed. I don't think the state is 4 acquiring land in hamlets or in those areas 5 that have some population concentration. 6 So until this kind of thing gets 7 worked out, I'm going to have to vote no. 8 Thank you. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Connor. 11 Any Senator wishing to be heard? 12 Then the debate is closed, and the 13 Secretary will ring the bell. 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Senator 21 Little, to explain her vote. 22 SENATOR LITTLE: Thank you. 23 I'd like to begin by thanking my 24 colleagues for their support and for those who 25 stood up and spoke in support of this

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(518) 371-8910 1 resolution. 2 I also think that I need to clarify 3 something. The development rights -- when the 4 state buys land, the development rights would 5 not be used on any of the state land. The 6 development rights would go to the town, where 7 they could be allocated to private landowners 8 within the hamlets, the moderate intensity, 9 and they would be under the APA jurisdiction 10 for anything that they did on those lands. 11 Keep in mind, we talk about the 12 hamlets in the Adirondacks, and that's where 13 most of the people live. The hamlets occupy 14 53,415 acres of the 6 million-acre park. So 15 the building rights are very important. And 16 the tourism is important. But so is 17 healthcare and the people that need to be 18 there to provide it. 19 Thank you. I vote aye. 20 ACTING PRESIDENT YOUNG: Senator 21 Little will be recorded in the affirmative. 22 Senator Oppenheimer, to explain her 23 vote. 24 SENATOR OPPENHEIMER: I'm voting 25 in the negative. But I do want it understood

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(518) 371-8910 1 that I hope some accommodation can be made in 2 the hamlet areas. 3 ACTING PRESIDENT YOUNG: Can we 4 have some order, please. 5 SENATOR OPPENHEIMER: When we 6 talk about density, it really is not 7 applicable. And it's not applicable because 8 in our New York State Constitution, it says a 9 large portion -- I forget what portion it 10 is -- is forever wild. It doesn't have roads, 11 you can't build in there. You can walk in, 12 and that's about all you can do. 13 So to compare that density with 14 New York City is sort of apples and oranges. 15 They don't have any -- it doesn't have any 16 meaning. 17 But I do at the moment feel that 18 the land that has been paid for with state 19 money, it seems incongruous to just say, well, 20 then, let's give it to the local governments. 21 We bought with it our money, the state, and 22 there was a purpose for it. And the purpose 23 was to maintain as much as we could of the 24 land, in open land and protecting our water 25 and protecting our species.

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(518) 371-8910 1 And so I'll be voting no, but I 2 certainly do hope that things can be worked 3 out, because I really feel that the hamlets 4 could be enlarged. And I wish you good luck 5 with the Assembly. 6 I'll be voting no. 7 ACTING PRESIDENT YOUNG: Senator 8 Oppenheimer, you will be recorded in the 9 negative. 10 Announce the results. 11 THE SECRETARY: Those recorded in 12 the negative on Calendar Number 1633 are 13 Senators Andrews, Connor, Coppola, Dilan, 14 Duane, Hannon, Hassell-Thompson, L. Krueger, 15 C. Kruger, LaValle, Leibell, Marcellino, 16 Montgomery, Onorato, Oppenheimer, Padavan, 17 Parker, Paterson, Sabini, Sampson, 18 Schneiderman, Serrano, A. Smith, M. Smith, 19 Spano, Stachowski and Stavisky. 20 Absent from voting: Senator 21 Gonzalez. 22 Ayes, 32. Nays, 27. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1649, substituted earlier today by Member of 2 the Assembly Sweeney, Assembly Print Number 3 10982, an act to amend the General Municipal 4 Law. 5 SENATOR SKELOS: Lay it aside for 6 the day. 7 ACTING PRESIDENT YOUNG: The bill 8 is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 1651, substituted earlier today by Member of 11 the Assembly Towns, Assembly Print Number 12 10026, an act to amend the Executive Law. 13 ACTING PRESIDENT YOUNG: Senator 14 Montgomery. 15 SENATOR MONTGOMERY: Yes, Madam 16 President, on the bill. 17 This is legislation that was 18 introduced by Senator Spano, and I rise in 19 support of it. It is to commemorate the work 20 of Rosa Parks by establishing a Rosa Parks 21 Day. 22 And I want to just acknowledge that 23 this is one of the heroes or heroines of 24 America, because she was a catalyst for -- 25 ACTING PRESIDENT YOUNG: Could we

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(518) 371-8910 1 have some order, please. Let's give our 2 colleague some respect here. Thank you. 3 SENATOR MONTGOMERY: Yes, thank 4 you, Madam President. 5 She was a catalyst for change in 6 America that benefited so many people, 7 especially African-American people and people 8 of color across the spectrum in America. I 9 call her the mother of the Second 10 Reconstruction. 11 So it is a pleasure to see that all 12 of us in this house, Republican and Democrat, 13 have joined to honor this person in a 14 nonpartisan way, and I just want to thank 15 Senator Spano for introducing it. 16 And I believe that he has also 17 opened up this legislation, and this is indeed 18 what Rosa Parks' life meant and represented. 19 And I'm appreciative of the Senator for 20 allowing us to be able to do this. 21 Thank you, Madam President. 22 ACTING PRESIDENT YOUNG: Thank 23 you, Senator Montgomery. 24 Senator Hassell-Thompson. 25 SENATOR HASSELL-THOMPSON: Thank

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(518) 371-8910 1 you, Madam President. 2 I rise to commend also Senator 3 Spano for his thoughtfulness in this 4 commemoration of Rosa Parks. You've already 5 heard from Senator Montgomery, but -- and most 6 of us historically understand what this woman 7 has meant to the entire country. 8 When people say that one person 9 can't make a difference, if we look at the 10 life of Rosa Parks, we would have to change 11 that, because she was one person who 12 understood clearly that to change the way 13 people think is to change the way you behave. 14 And so she was successful in doing that. 15 And so I rise to support this 16 legislation and again to thank Senator Spano 17 for his thoughtfulness and his progressive 18 thinking in terms of being the one to bring 19 forth this legislative resolution today. 20 ACTING PRESIDENT YOUNG: Thank 21 you, Senator. 22 Senator Ada Smith. 23 SENATOR ADA SMITH: Thank you, 24 Madam President. 25 I too would like to join the chorus

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(518) 371-8910 1 of those commending Senator Spano, because 2 Rosa Parks was truly an inspiration to most of 3 us. And we shall never forget that she sat 4 down so that all of us could stand up. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Smith. 7 Any other Senator wishing to be 8 heard? 9 Senator Spano. 10 SENATOR SPANO: Let me just say 11 that I appreciate the comments from my 12 colleagues. 13 And as has been said, that it's 14 both entirely appropriate that we look to 15 establishing February 4th of each year as Rosa 16 Parks Day in the State of New York. It's even 17 more appropriate, given her recent death, that 18 we pay tribute to someone who's come to us and 19 been known by many names, but most notably as 20 the mother of the civil rights movement. 21 We all know that Rosa Parks was 22 both a pioneer and someone who has 23 courageously fought for equality, and that we 24 recognize that determination for equality as 25 we pay tribute to her and so many others who

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(518) 371-8910 1 followed her in making sure that those 2 life-changing achievements that occurred would 3 never go unrecognized. 4 So I appreciate the comments today 5 and am very glad and proud to be a sponsor of 6 this bill in a bipartisan way, which shows the 7 way that we should in fact recognize people 8 who do go above and beyond and do change the 9 lives of not only their community, our nation, 10 but in fact the world. And Rosa Parks did 11 that. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Spano. 14 Any other Senator wishing to be 15 heard? 16 Then the debate is closed. 17 The Secretary will ring the bell. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 4th of February 21 next succeeding. 22 ACTING PRESIDENT YOUNG: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 1651, absent from voting: 2 Senator Gonzalez. 3 Ayes, 59. Nays, 0. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1659, by Senator Padavan, Senate Print 8045, 8 an act to amend the Real Property Law. 9 SENATOR MAZIARZ: Read the last 10 section. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: In relation to 19 Calendar Number 1659, absent from voting: 20 Senator Gonzalez. 21 Ayes, 59. Nays, 0. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1669, by Senator Golden, Senate Print 2205, an

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(518) 371-8910 1 act to amend the Penal Law and the Railroad 2 Law. 3 SENATOR MONTGOMERY: Explanation. 4 ACTING PRESIDENT YOUNG: Senator 5 Golden, an explanation has been requested. 6 SENATOR GOLDEN: Thank you, Madam 7 President. 8 A criminal trespass on the subway 9 and railroad tracks is trespass on subway or 10 railroad tracks that can create many problems, 11 ranging from schedule delays to more serious 12 threats of physical harm, either to the 13 trespasser or passenger or, more gravely, 14 through terrorist attacks perpetrated on the 15 rail system. 16 The bill establishes a new Class E 17 felony, criminal trespass in the second 18 degree, which is committed if a person 19 knowingly enters or remains unlawfully on 20 railroad or subway tracks or in a designated 21 railroad right of way or yard, thereby causing 22 or creating substantial risk of public 23 inconvenience, annoyance or alarm. 24 The three elements are the person 25 has to knowingly enter and remain; the second

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(518) 371-8910 1 is it has to be clearly identified as no 2 trespassing. The person has to know that they 3 shouldn't be there. And the person creates a 4 substantial risk of public inconvenience, 5 annoyance or alarm. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Golden. 8 Senator Montgomery. 9 SENATOR MONTGOMERY: Yes, Madam 10 President. 11 I want to raise just to point out 12 to the sponsor and my colleagues that this 13 legislation goes very far. Because, as 14 Senator Golden has explained to us, he talks 15 about a Class E felony for trespass that will 16 inconvenience the public -- I can't find my 17 bill. So that it's really quite wide open and 18 I think goes too far. 19 And of course if someone -- there 20 are a lot of people who are -- that we know to 21 spend time on the railroad tracks that are 22 homeless and people who are really not there 23 to do any harm but, rather, are there to get 24 out of the elements or to just, you know, 25 unfortunately, find shelter.

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(518) 371-8910 1 And although we don't want them 2 there and of course the mayor and New York 3 City has attempted, the police chief has 4 attempted to remove people, we know that they 5 still are going to find their way onto the 6 train tracks. 7 And I think that for anyone who is 8 on the tracks and is arrested based on this 9 law, they are going to be charged with an 10 E felony. And once again, it's raising the 11 bar for people who are destitute, essentially. 12 Because I don't think you find yourself on the 13 railroad tracks. 14 And while I understand Senator 15 Golden talks about his concern about terrorism 16 and all of that, we're using terrorism 17 essentially to capture people who are least 18 likely to do anything to anyone because they 19 are destitute, primarily. 20 So I'm going to oppose this 21 legislation because I think it's not related 22 necessarily to terrorism, but it is a penalty, 23 a punishment for poor, down-and-out, destitute 24 people. Thank you. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you for your comments on the bill, Senator. 2 Senator Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Madam President. 5 Yesterday when this bill came to 6 Rules, I became extremely concerned. And I 7 know that sometimes in this chamber that some 8 of my colleagues believe that when we argue 9 points, that it's semantical. But one of the 10 things that I am very cognizant of is that it 11 is the semantics of language that means the 12 difference between life and death. 13 And somewhere in the description, I 14 became incensed because it used words like 15 "inconvenience," "annoyance" -- and I couldn't 16 think of the third word. I was trying to find 17 the language. And to raise the bar to an 18 E felony for inconvenience incensed me. 19 If you talk about safety issues, 20 then let's talk about it being a safety issue. 21 But please let's not talk about E felonies in 22 the same breath as inconvenience. 23 And that not mean a lot to you, but 24 as we look at how people live in this society 25 and how they move in this society, what is an

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(518) 371-8910 1 inconvenience should not in fact become a 2 felonious act. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator. 5 Senator Diaz. 6 SENATOR DIAZ: Thank you, Madam 7 President. 8 I rise to support this bill. And I 9 am going to read something that says here that 10 the new felony will be criminal trespass in 11 the second degree and will be committed if a 12 person knowingly enters or remains unlawfully 13 on railroad or subway tracks or in a 14 designated railroad right. 15 Madam President, it reminds me that 16 some time ago in Spain a terrorist attack on a 17 train, on a subway, caused a lot of loss of 18 life. And on this occasion I am supporting 19 this bill because we have to -- we take every 20 precaution and every necessary step to protect 21 the people of the city of New York. And this 22 bill calls for anybody that knowingly 23 trespasses and remains in the railroad tracks. 24 And I'm in favor of this bill and I 25 think it's a good bill and I ask my colleagues

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(518) 371-8910 1 to support this bill. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Diaz. 4 Senator Volker. 5 SENATOR VOLKER: Madam President, 6 very quickly. I just want to point something 7 out about how the criminal justice system in 8 the City of New York works. 9 An E felony is automatically 10 reduced to an A misdemeanor in virtually any 11 case. It's no secret that if you have an A 12 misdemeanor, it ends up in what amounts to an 13 offense. 14 I can't imagine the police in the 15 City of New York, by the way, arresting 16 homeless people. They don't -- they don't -- 17 unless they assault them or something like 18 that. That almost never happens, from my 19 understanding. 20 But the truth is, the reason it's 21 an E misdemeanor is the courts in the city 22 don't pay any attention to anything but a 23 felony. I mean, I got to -- there are courts 24 in New York City, as I understand it, for drug 25 offenses. If it's not a felony, they just

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(518) 371-8910 1 wash it out. 2 You know, that's why Senator Golden 3 is doing this. Because in certain serious 4 cases, you've got to have a way to move people 5 before they kill themselves. And, I mean, 6 it -- I think you have to -- we really have to 7 think about that a little bit. 8 So I only mention that because -- I 9 don't want to get into these debates except 10 for the fact that I know one thing. The years 11 that I've tried to deal with the Assembly on 12 some of these issues, they are just fanatical 13 about not doing felonies. And there's a 14 reason. Because if you do a felony, people 15 pay attention to it. And they pay attention 16 to it. If they don't, if it's a misdemeanor, 17 then it goes from an A to a B, which is like a 18 traffic offense. And if it doesn't go to 19 that, it goes to a disorderly conduct. 20 Now, I only point this out 21 because -- in fact, it sometimes tends to clog 22 up police stations with people who probably 23 shouldn't be there in the first place. So I 24 only mention that because this is really a 25 reaction to the way in which the City of

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(518) 371-8910 1 New York as a whole has been operating with 2 law enforcement recently. 3 So I just point that out. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Volker. 6 Any Senator wishing to be heard? 7 Then the debate is closed. 8 The Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT YOUNG: Senator 16 Parker, to explain your vote. 17 SENATOR PARKER: Yes, Madam 18 President, quickly to explain my vote. 19 Again, I want to commend Senator 20 Golden for, again, his conscientiousness in 21 trying to keep New York City and its residents 22 safe. And I think that is really important 23 and a really admirable goal. I don't think 24 that this bill does -- takes us where we need 25 to go.

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(518) 371-8910 1 I guess my continued frustration 2 about how we handle things in this body has 3 been really after the fact. And I really 4 would love to see us look at things that 5 prevent crimes from happening, that provide 6 security. 7 Some of you may know that in my 8 previous life I had the chance to work with 9 the first lady, now our junior senator, 10 Hillary Clinton, and the then President. And 11 having the opportunity to work closely with 12 the Secret Service at that time, I found that 13 their methods were always about how do you not 14 track down the killer once they've killed the 15 president, it's how do you keep the president 16 safe. 17 And I think that that's what we 18 ought to look at as we go to look at safety. 19 The question is not how do we track down or 20 how do we punish people, but the reality is 21 how do we in fact protect our train system. I 22 don't think this bill does it. 23 I think that most of the punitive 24 things we do don't do that. I think we're 25 going to wind up prosecuting and giving a lot

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(518) 371-8910 1 of crimes to graffiti writers and to a lot of 2 young people who may be misguided and 3 shouldn't be doing that, but we certainly 4 shouldn't be ruining their lives over this. 5 And certainly if Senator Volker 6 wants to come to Brooklyn and ride the trains 7 with me sometime, I will show him transit 8 police officers arresting homeless people 9 every single day. 10 So I hope that we let cooler heads 11 prevail, look for some solutions like adding 12 more police officers to the streets of 13 New York, adding more transit cops, and vote 14 no on this bill. 15 Thank you. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Parker. You will be recorded in 18 the negative. 19 Senator Golden, to explain your 20 vote. 21 SENATOR GOLDEN: Thank you, Madam 22 President. 23 I note there was a remark that 24 we're doing this under the guise of terrorism. 25 Terrorism obviously is a very real reason to

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(518) 371-8910 1 be concerned, but it's not only reason. 2 Millions of people use that system 3 on a daily -- daily. And if you take a look 4 at what's happened, if the system goes down, 5 any part of that system, tens of thousands of 6 people are inconvenienced. People going to 7 work, people going to hospitals, people going 8 to school, people going to business, those 9 people are inconvenienced because they can't 10 get to their place of business or to school or 11 to the hospital. 12 So it's a lot more than just 13 terrorism. I mean, when you think about the 14 blackout of August 2003, when you had tens of 15 thousands of people trapped in that system, 16 trying to get out of that system and trying to 17 use those exits underneath the tunnels and 18 coming into encampments where you had beds and 19 mattresses and boxes, where people couldn't 20 get out and had to walk over that in the dark 21 of night. 22 When you have different types of 23 people setting fires underneath those tunnels 24 and shutting down the system, people hitting 25 the third rail and causing electrocutions or

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(518) 371-8910 1 throwing pipes on those third rails, causing 2 that system to go down, those are the reasons 3 that the City of New York has requested this 4 bill. And this is the reason that I put this 5 bill forward, for the betterment of the City 6 of New York, not just for terrorism, but for 7 transportation as a whole. So I will be 8 voting yes. 9 Thank you, Madam President. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator Golden. You will be recorded in 12 the affirmative. 13 Senator Balboni, to explain your 14 vote. 15 SENATOR BALBONI: Very quickly. 16 A no vote on this bill, Madam 17 President, is one of the most ironic votes 18 that I could see happening. Do you guys know 19 that we're spending over $600 million right 20 now an a major capital plan for the MTA? Do 21 you know that the reason why we're doing that 22 is to improve security on the transit systems? 23 This is completely consistent with 24 that whole program. To do anything else is 25 absolutely ridiculous. I mean, guys, to

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(518) 371-8910 1 relegate the homeless population to the train 2 tunnels, kind of a "modest proposal"? That's 3 not acceptable either. 4 Madam President, it's a threat not 5 just to the transit system but to everybody 6 who rides it, including the people who are in 7 the tunnels. 8 So let's have a little bit of 9 common sense here. It's not safe to be in the 10 tunnels. You shouldn't be there. It's good 11 to outlaw that kind of behavior, period. 12 I vote in favor. Thank you. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Balboni. You will be recorded as 15 voting yes. 16 Senator Krueger, to explain your 17 vote. 18 SENATOR LIZ KRUEGER: Thank you. 19 I rise to explain my decision to vote no on 20 this bill. 21 Thank you, Senator Balboni. The 22 answer to homelessness in the City of New York 23 or anywhere else is certainly not to relegate 24 people to live in the subway system. But the 25 solution to homelessness, of course, is also

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(518) 371-8910 1 not to criminalize people who have nowhere 2 else to live. 3 So I agree, Senator Balboni, we 4 need to do far more to address the problems of 5 homeless people, but the answer is not to make 6 them felons or pile them into our police 7 precinct houses or our jails. Our answer is 8 to provide smart social programs, affordable 9 housing, access to healthcare, mental health 10 care. 11 Senator Duane is out of the 12 chamber, but if we had Timothy's Law we would 13 have mental health care services for many of 14 the homeless. 15 So I vote no. Thank you. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Krueger. You will be recorded as 18 a no. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1669 are 22 Senators Andrews, Connor, Hassell-Thompson, 23 L. Krueger, Little, Montgomery and Parker. 24 Absent from voting: Senator 25 Gonzalez.

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(518) 371-8910 1 Ayes, 52. Nays, 7. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1671, by Senator DeFrancisco, Senate Print 6 3329, an act to amend the Penal Law. 7 ACTING PRESIDENT YOUNG: Senator 8 Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Madam President. 11 We have debated this bill with the 12 sponsor before. I don't really think I need 13 an explanation. I'll try to be very brief. 14 This is a bill to amend the law 15 relating to what is commonly called felony 16 murder. It is a doctrine in the law that 17 provides that there's an enhanced penalty -- 18 in the case of the statute in New York, the 19 death penalty would apply if you kill someone 20 in the course of committing another crime. 21 And I realize that this is a 22 somewhat creative effort to respond to a 23 particularly tragic incident. But what this 24 bill does is redefines the crime of burglary 25 to essentially eliminate all of the

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(518) 371-8910 1 requirements currently under the Penal Law for 2 the crime of burglary. 3 And in essence, what this bill 4 would do is say if you just go into any place 5 with the intent to commit a murder, then that 6 is transformed into committing a murder in the 7 course of another crime. 8 If you want to impose the death 9 penalty for all intentional murder, then we 10 should just have a bill that in a 11 straightforward manner says that. This is a 12 kind of a back-door way to try and expand the 13 death penalty, because everyone presumably is 14 going someplace if they're intending to commit 15 a murder. So this essentially categorizes any 16 entry into a premises as a burglary and 17 thereby elevates it to a capital crime. 18 This is not the right way to 19 proceed. This is not the right way to draft 20 the statute. This is a back-door way to 21 expand the death penalty. If -- you know, if 22 the sponsor believes, as some people do, that 23 every intentional murder should be subject to 24 the death penalty, then let's just say so. 25 But this is the wrong way to go about it.

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(518) 371-8910 1 Many of us voted against the bill 2 the last time it came up for this reason. I 3 oppose the expansion of the death penalty. 4 And I will continue to do so, and I will vote 5 no on this bill. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Schneiderman. 9 Any other Senator wishing to be 10 heard? 11 Then the debate is closed. Ring 12 the bell. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Senator 20 DeFrancisco, to explain his vote. 21 SENATOR DeFRANCISCO: Yes, I'm 22 going to vote aye. 23 This bill was crafted after the 24 Court of Appeals threw out a death-penalty 25 conviction, the same case that Senator Maziarz

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(518) 371-8910 1 spoke about yesterday, Jill Cahill, someone in 2 my district. 3 Basically, the court reasoned that 4 the breaking and entering, which is a 5 burglary, with intent to commit a crime in a 6 dwelling house could not support the death 7 penalty because the crime that was being 8 considered and intended was a murder. 9 Which leaves the incredibly absurd 10 result that a defendant who unlawfully enters 11 a dwelling to steal something but then murders 12 the individual can end up being convicted of a 13 felony murder; in this case, a death penalty 14 situation. 15 And on the other hand, if your 16 intent in breaking and entering this dwelling 17 was to kill somebody, that you could not under 18 those circumstances be death-penalty eligible, 19 which I think is an absurd result. The 20 dissenting judges thought it was an absurd 21 result. It certainly wasn't in the intention 22 of the Legislature. But it's a creative way 23 not to enforce the death penalty by a court 24 that chooses not to be in favor of the death 25 penalty.

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(518) 371-8910 1 So that's the purpose of the bill. 2 And it's not a back-door way. Every murder 3 doesn't necessarily involve a burglary. And 4 since burglary is the breaking and entering of 5 a dwelling house with the purpose to commit a 6 felony, it should be that a murder felony, 7 that's the felony, should be good enough to 8 result in the death penalty. 9 I vote aye. 10 ACTING PRESIDENT YOUNG: Thank 11 you, Senator DeFrancisco. 12 You will be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1671 are 17 Senators Andrews, Connor, Coppola, Diaz, 18 Dilan, Duane, Hassell-Thompson, L. Krueger, 19 Montgomery, Oppenheimer, Parker, Paterson, 20 Schneiderman, Serrano, A. Smith, M. Smith, and 21 Stavisky. Also Senator Breslin. 22 Absent from voting: Senator 23 Gonzalez. 24 Ayes, 41. Nays, 18. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1676, by Senator Golden, Senate Print 5030, an 4 act to amend the Penal Law and the Vehicle and 5 Traffic Law. 6 SENATOR MONTGOMERY: Explanation. 7 ACTING PRESIDENT YOUNG: Senator 8 Golden, an explanation has been requested. 9 SENATOR GOLDEN: Thank you, Madam 10 President. 11 This bill talks about secret 12 vehicle compartments, which are often used for 13 illegal drugs and gun trafficking. They have 14 become more advanced and even have a potential 15 to cause bodily harm to police officers 16 searching a vehicle, due to booby traps. 17 This bill defines the crimes of 18 unlawfully installing or possessing a 19 concealed vehicle compartment in the first and 20 second degree, a Class E felony and a Class A 21 misdemeanor respectively. 22 They still have to reach the level 23 of search and seizure before this can take 24 place. And there is a presumption and a 25 rebuttable as well.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator Golden, for that explanation. 3 SENATOR MONTGOMERY: Explanation 4 satisfactory. Thank you, Senator. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: In relation to 15 Calendar Number 1676, absent from voting: 16 Senator Gonzalez. 17 Ayes, 59. Nays, 0. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1679, by Senator Golden, Senate Print 5768, an 22 act to amend the Penal Law. 23 SENATOR HASSELL-THOMPSON: 24 Explanation. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Golden, an explanation has been requested. 2 SENATOR GOLDEN: Thank you, Madam 3 President. 4 This bill adds a new section to the 5 Penal Law, refusing to identify oneself upon 6 questioning, which would be a Class A 7 misdemeanor. This would apply during what is 8 called a Terry stop, meaning that the police 9 officer or court officer in question must have 10 reasonable suspicion to stop an individual. 11 What is reasonable suspicion? It 12 is a legal standard in United States law that 13 a person has been or is or is about to be 14 engaged in a criminal activity based on 15 specific or attributable facts or inferences. 16 Just yesterday we discussed the 17 dangers faced by police officers on a regular 18 basis. Police Officer Corr was one of them. 19 Terry stops are especially dangerous, because 20 often an officer is approaching a vehicle when 21 he reasonably suspects criminal activity but 22 he has no idea what he or she is walking into. 23 This bill would simply require 24 someone who has been stopped by an officer 25 based on reasonable suspicion to identify

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(518) 371-8910 1 himself or herself upon request. 2 The Supreme Court has held that 3 such a requirement is not a violation of a 4 person's constitutional rights. 5 Thank you, Madam President. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator. 8 Senator Montgomery. 9 SENATOR MONTGOMERY: Yes, Madam 10 President. On the bill. 11 ACTING PRESIDENT YOUNG: Senator 12 Montgomery, on the bill. 13 SENATOR MONTGOMERY: Yes. Once 14 again, unfortunately, Senator Golden has all 15 of bills that I don't like today. And this is 16 just one of them. 17 (Laughter.) 18 SENATOR MONTGOMERY: This bill, 19 Senator Golden, the language in the bill talks 20 about that if someone fails to provide their 21 name to a police officer or a court officer 22 who reasonably suspects that such person is 23 committing, has committed, or is about to 24 commit either a felony or a misdemeanor. 25 Now, I just -- you know, going too

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(518) 371-8910 1 far is one thing, but this seems to be just 2 totally out of orbit. If someone walks into a 3 court, I walk into a court and some court 4 officer or police officer says he wants me to 5 identify myself because he thinks that I am 6 about to commit a crime, that is totally and 7 completely unconstitutional. 8 So I think that based on the fact 9 that Senator Volker has sort of set the 10 standard for this, if we are dealing with a 11 situation which is as blatantly 12 unconstitutional as this, it should be 13 withdrawn. And I believe that what Senator 14 Volker did was that he withdrew his bill to 15 make the appropriate language correction. 16 Because I don't think that Senator 17 Golden intends for this bill to do what it 18 says, based on the language, it will do. And 19 that is force someone or assume that someone 20 or charge someone with committing a crime 21 because they did not identify themselves based 22 on the fact that someone thought that they 23 might commit a crime. 24 So, Madam President, obviously we 25 are all going to oppose this legislation

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(518) 371-8910 1 because I think there is a great problem with 2 the way that it is worded. 3 Thank you. 4 ACTING PRESIDENT YOUNG: Thank 5 you, Senator Montgomery. 6 Senator Connor. 7 SENATOR CONNOR: Thank you, Madam 8 President. 9 You know, I have no problem with, 10 under the right circumstances, an officer 11 having someone identify themselves. I just -- 12 the bill troubles me because I don't know what 13 it means to say, you know, that someone has to 14 identify themselves or they commit a crime. 15 Does it mean they just have to throw out a 16 name? Do they have to give a name and 17 address? You know, can they say "John Doe"? 18 And then if the officer says "Which John Doe," 19 do they have to give their address? 20 I don't think the bill is specific 21 enough to make its violation a crime. And a 22 Class A misdemeanor is a crime. 23 Secondly, does it mean when the 24 officer says "Prove it, let me see your ID," 25 is this a bill now to require all citizens to

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(518) 371-8910 1 carry and present upon request, when there's 2 reasonable suspicion, an identification of 3 some sort in paper or they've committed a 4 Class A misdemeanor? 5 I mean, if someone in this new era 6 wants to put in a bill to require all 7 residents of New York State to carry an 8 official ID -- and I recognize you'd better 9 have one if you want to fly, ride a train, or 10 do a whole lot of other things, including 11 getting into an office building to visit 12 someone. But as of yet, it's not a crime not 13 to have ID on you. 14 And if we're going to do that, 15 somebody ought to have a hearing and come up 16 with -- see, I don't believe people 17 necessarily have a right to anonymity. So I'm 18 not one of these people who says, Oh, it would 19 be terrible if we had a national ID card. I'd 20 have a lot of questions about who, where, 21 when, how and what it could be used for. 22 But this bill leaves it open. I 23 don't know what it means to identify 24 themselves. Do they have to identify 25 themselves truthfully? What if they give them

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(518) 371-8910 1 a nickname and it's not their real name? Have 2 they committed a crime now because, you know, 3 your name is not whatever it is -- think of a 4 nickname. You know, your name is not Ace 5 Connor, your name is Martin Connor, so you lie 6 to the police officer, you've committed a 7 Class A misdemeanor. 8 So before we make something a 9 crime, I think we have to really specify what 10 it is we're doing here, what constitutes the 11 crime, and what is the person who is about to 12 be charged required to do to avoid being 13 charged. 14 And this bill doesn't do it for me, 15 so I'm going to vote no. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Connor. 18 Read the last section. 19 Senator Hassell-Thompson. 20 SENATOR HASSELL-THOMPSON: Thank 21 you. I thought I had signaled that I wanted 22 to speak. I was trying not to stand until I 23 had to, Madam President. 24 Just on the bill. 25 Senator Golden again is making an

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(518) 371-8910 1 effort, I know, to conform perhaps with our 2 concerns and our need for safety issues under 3 homeland security and terrorism, under those 4 banners. 5 But I become really concerned at 6 what I believe to be the vagueness in this 7 bill. For instance, I believe that the bill 8 specifically fails in defining "reason to 9 believe," "reasonably suspects," "upon 10 questioning," and "temporary questioning." 11 I also think that this bill fails 12 to define these -- particularly because these 13 are the basis for which an officer can arrest 14 and hold an individual. 15 This vagueness could and probably 16 will result in numerous arrests of young men 17 and women, especially for my community. And 18 I'm going to be voting no on this bill because 19 of those reasons. 20 Thank you, Madam President. 21 ACTING PRESIDENT YOUNG: Thank 22 you, Senator Hassell-Thompson. 23 Any other Senator wishing to be 24 heard? 25 Then the debate is closed.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Senator 8 Bonacic, to explain your vote. 9 SENATOR BONACIC: Thank you, 10 Madam President. 11 I have to agree with Senator 12 Montgomery, Senator Connor, Senator 13 Hassell-Thompson. I'm a police advocate. I 14 lobby for all their legislation. But this 15 language is so broad it cries out for 16 constitutional reform. I'm voting no. 17 Thank you, Madam President. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Bonacic. You will be recorded in 20 the negative. 21 Senator Golden, to explain your 22 vote. 23 SENATOR GOLDEN: Thank you, Madam 24 President. 25 There was some comment made on the

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(518) 371-8910 1 floor about people walking into a courtroom 2 and being arrested or being stopped because 3 they could have been part of that reasonable 4 suspicion. 5 You have to actually have 6 reasonable suspicion before you can stop that 7 individual. So no, the majority of the people 8 would not be stopped going into a courtroom 9 and be detained and in fact arrested. 10 And there was another comment made 11 about the specificity of do we need 12 identification. And the answer again is 13 stipulated right in the bill. It says no, 14 it's name only. 15 And as a police officer, I know 16 when reasonable suspicion came into my 17 purview, asking of a simple name and that 18 person would not give you that name raised my 19 suspicion. 20 But having said that, this is 21 proven constitutionally in Hiibel v. Nevada, 22 and this bill would stand constitutionally. 23 So I think it's important that we 24 pass bills that work. If there had been a 25 description of a truck that was white with a

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(518) 371-8910 1 black front and that truck was parked in front 2 of that courthouse and there was an individual 3 on that truck, as a police officer, one may 4 reasonably suspect that this truck parked in 5 front of this court building with a 6 description of an individual in that truck may 7 stop that truck and ask that individual for 8 his name. And that truck may be loaded with 9 terrorist intent. 10 So I believe that this bill works. 11 And having been tested in the state of Nevada, 12 I believe we should put it forward in this 13 state, along with the other bills that I've 14 put on this floor today. 15 Thank you, Madam President. I vote 16 aye. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Golden. You will be recorded in 19 the affirmative. 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative are Calendar Number 1679 are 23 Senators Andrews, Bonacic, Breslin, Connor, 24 DeFrancisco, Diaz, Dilan, Duane, 25 Hassell-Thompson, L. Krueger, Little,

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(518) 371-8910 1 Montgomery, Parker, Paterson, Sabini, Savino, 2 Schneiderman, Serrano, A. Smith and M. Smith. 3 Also Senator Sampson. 4 Absent from voting: Senator 5 Gonzalez. 6 Ayes, 38. Nays, 21. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1697, by Senator Spano, Senate Print 8080, an 11 act to amend the Public Authorities Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: In relation to 22 Calendar Number 1697, absent from voting: 23 Senator Gonzalez. 24 Ayes, 59. Nays, 0. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 we will be taking up a Senate supplemental 5 calendar, 56A. There will be some motions 6 made before that. The calendar will be taken 7 up noncontroversial. 8 After that, there will be a meeting 9 of the Rules Committee, of which we'll come 10 back and report those bills but they will not 11 be taken up this evening. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Skelos. 14 SENATOR SKELOS: So if we could 15 return to motions and resolutions. 16 ACTING PRESIDENT YOUNG: Motions 17 and resolutions. 18 Senator Nozzolio. 19 SENATOR NOZZOLIO: Thank you, 20 Madam President. 21 Amendments are offered to the 22 following Third Reading Calendar bills: 23 Senator Larkin, page number 43, 24 Calendar Number 1094, Senate Print 7600; 25 By Senator Winner, page number 69,

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(518) 371-8910 1 Calendar Number 1497, Senate Print 6542; 2 By Senator Padavan, page number 73, 3 Calendar Number 1568, Senate Print 3169B; 4 By Senator Winner, page number 74, 5 Calendar Number 1591, Senate Print 3304D; 6 By Senator Wright, page number 38, 7 Calendar Number 968, Senate Print Number 8 4487A; 9 And by Senator Alesi, page number 10 62, Calendar Number 1405, Senate Print 4993A. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Nozzolio. The amendments are 13 received, and the bills will retain their 14 places on the Third Reading Calendar. 15 Senator Fuschillo. 16 SENATOR FUSCHILLO: Madam 17 President, I wish to call up Senate Print 18 Number 5005D, recalled from the Assembly, 19 which is now at the desk. 20 ACTING PRESIDENT YOUNG: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1044, by Senator Wright, Senate Print 5005D, 24 an act to amend the Penal Law. 25 SENATOR FUSCHILLO: I now move to

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(518) 371-8910 1 reconsider the vote by which the bill was 2 passed. 3 ACTING PRESIDENT YOUNG: The 4 Secretary will call the roll on 5 reconsideration. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 SENATOR FUSCHILLO: I now offer 9 the following amendments. 10 ACTING PRESIDENT YOUNG: The 11 amendments are received. 12 SENATOR FUSCHILLO: On behalf of 13 Senator Volker, I wish to call up Senate Print 14 Number 6753, recalled from the Assembly, which 15 is now at the desk. 16 ACTING PRESIDENT YOUNG: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 905, by Senator Volker, Senate Print 6753, an 20 act to amend the Civil Practice Law and Rules. 21 SENATOR FUSCHILLO: I now move to 22 reconsider the vote by which the bill was 23 passed. 24 ACTING PRESIDENT YOUNG: The 25 Secretary will call the roll on

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(518) 371-8910 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 SENATOR FUSCHILLO: I now offer 5 the following amendments. 6 ACTING PRESIDENT YOUNG: The 7 amendments are received. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 I believe there's a substitution at the desk. 11 If we could make it at this time. 12 ACTING PRESIDENT YOUNG: The 13 Secretary will read. 14 THE SECRETARY: On page 1 of 15 Supplemental Calendar 56A, Senator Leibell 16 moves to discharge, from the Committee on 17 Investigations and Government Operations, 18 Assembly Bill Number 7993B and substitute it 19 for the identical Senate Bill Number 5668A, 20 Third Reading Calendar 1709. 21 ACTING PRESIDENT YOUNG: 22 Substitution ordered. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 if we could go to Senate Supplemental Calendar

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(518) 371-8910 1 56A, noncontroversial. 2 ACTING PRESIDENT YOUNG: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1700, by Senator Fuschillo, Senate Print 2277, 6 an act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of October. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 59. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1702, by Senator Robach, Senate Print 3043A, 22 an act to amend the Retirement and Social 23 Security Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1704, by Senator Larkin, Senate Print 4017A, 13 an act to amend the Tax Law. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect immediately. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: Announce 22 the results. 23 THE SECRETARY: Ayes, 59. Nays, 24 1. Senator Duane recorded in the negative. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1705, by Senator Fuschillo, Senate Print 4 4099A, an act to amend the Vehicle and Traffic 5 Law. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT YOUNG: Announce 14 the results. 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 1707, by Senator Spano, Senate Print 5430A, an 20 act to amend the Retirement and Social 21 Security Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1709, substituted earlier by Member of the 11 Assembly Latimer, Assembly Print Number 7993B, 12 an act to amend the Public Officers Law and 13 the State Technology Law. 14 ACTING PRESIDENT YOUNG: Read the 15 last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT YOUNG: Call the 19 roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT YOUNG: Announce 22 the results. 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT YOUNG: The bill 25 is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1710, by Senator Marcellino, Senate Print 3 6403, an act to amend the Penal Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 58. Nays, 15 2. Senators Hassell-Thompson and Montgomery 16 recorded in the negative. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1711, by Senator Robach, Senate Print 6533, an 21 act to amend the Executive Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1712, by Senator Robach, Senate Print 6655, an 11 act to amend the Executive Law. 12 ACTING PRESIDENT YOUNG: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT YOUNG: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1714, by Senator LaValle, Senate Print 7079,

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(518) 371-8910 1 an act authorizing the assessor in the Town of 2 Brookhaven. 3 ACTING PRESIDENT YOUNG: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT YOUNG: Call the 8 roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT YOUNG: Announce 11 the results. 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT YOUNG: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1715, by Senator Trunzo, Senate Print 7257A, 17 an act to amend the Public Officers Law and 18 the Education Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Announce 2 the results. 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1716, by Senator Leibell, Senate Print 7369, 8 an act to amend the Real Property Tax Law. 9 ACTING PRESIDENT YOUNG: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT YOUNG: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT YOUNG: Announce 17 the results. 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1718, by Senator Golden, Senate Print 7505, an 23 act to amend the General Municipal Law. 24 ACTING PRESIDENT YOUNG: Read the 25 last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT YOUNG: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT YOUNG: Announce 7 the results. 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1719, by Senator Skelos, Senate Print 7514, an 13 act to provide for the payment of retirement 14 benefits. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT YOUNG: Announce 23 the results. 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1722, by Senator Golden, Senate Print 7836, an 4 act to amend the Penal Law. 5 ACTING PRESIDENT YOUNG: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT YOUNG: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT YOUNG: Announce 13 the results. 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 1723, by Senator Johnson, Senate Print 7868, 19 an act to amend the Environmental Conservation 20 Law. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT YOUNG: Announce 4 the results. 5 THE SECRETARY: Ayes, 59. Nays, 6 1. Senator LaValle recorded in the negative. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1724, by Senator Golden, Senate Print 7871, an 11 act to amend Chapter 912 of the Laws of 1920. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT YOUNG: Announce 20 the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 1724 are 23 Senators Duane, Maltese and Rath. 24 Ayes, 57. Nays, 3. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 1725, by Senator Stachowski, Senate Print 4 7946, an act to authorize the Town of Hamburg, 5 County of Erie. 6 ACTING PRESIDENT YOUNG: There is 7 a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT YOUNG: Announce 15 the results. 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT YOUNG: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1726, by Senator Marchi, Senate Print 7963, an 21 act to amend the Public Authorities Law. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT YOUNG: Announce 5 the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT YOUNG: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1727, by Senator Alesi, Senate Print 7998, an 11 act to establish a statewide first responder 12 mapping systems. 13 ACTING PRESIDENT YOUNG: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT YOUNG: Call the 18 roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT YOUNG: Announce 21 the results. 22 THE SECRETARY: Ayes, 60. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1728, by Senator Libous, Senate Print 8001, an 2 act to amend the Retirement and Social 3 Security Law. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT YOUNG: Announce 12 the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1729, by Senator Robach, Senate Print 8026, an 18 act to amend the State Finance Law. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 9. This 22 act shall take effect on the first of January 23 next succeeding. 24 ACTING PRESIDENT YOUNG: Call the 25 roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT YOUNG: Announce 3 the results. 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1730, by Senator Morahan, Senate Print 8029, 9 an act to amend the Mental Hygiene Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT YOUNG: Announce 18 the results. 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1731, by Senator Balboni, Senate Print 8046, 24 an act to amend the Domestic Relations Law. 25 ACTING PRESIDENT YOUNG: Read the

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(518) 371-8910 1 last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT YOUNG: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT YOUNG: Announce 8 the results. 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 Senator Skelos, that completes the 13 reading of the supplemental calendar. 14 SENATOR SKELOS: Madam President, 15 there will be an immediate meeting of the 16 Rules Committee in the Majority Conference 17 Room. 18 ACTING PRESIDENT YOUNG: There's 19 an immediate meeting of the Rules Committee in 20 the Majority Conference Room. 21 ACTING PRESIDENT ALESI: Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President, 24 can we return to reports of standing 25 committees.

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(518) 371-8910 1 There's a report of Rules Committee 2 at the desk. I ask that be it read at this 3 time. 4 ACTING PRESIDENT ALESI: Senator 5 Skelos, I think we're still awaiting the 6 report. The report is en route, sir. 7 SENATOR SKELOS: There it is. 8 ACTING PRESIDENT ALESI: The 9 report is arriving. 10 The Secretary will read the Rules 11 report, please. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Senate Print 3522, by Senator 16 Robach, an act to amend the Mental Hygiene 17 Law; 18 4227A, by Senator Maltese, an act 19 to amend the General Municipal Law; 20 4409A, by Senator Robach, an act to 21 amend the Retirement and Social Security Law; 22 6223A, by Senator Maziarz, an act 23 to amend the Vehicle and Traffic Law; 24 6505A, by Senator Breslin, an act 25 to amend the Tax Law;

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(518) 371-8910 1 6907, by Senator Robach, an act to 2 amend the Education Law; 3 7186, by Senator Oppenheimer, an 4 act authorizing; 5 7394, by Senator Marcellino, an act 6 to amend the General Business Law; 7 7448, by Senator Marcellino, an act 8 to authorize; 9 7838, by Senator Golden, an act to 10 amend the Penal Law; 11 7844B, by Senator Golden, an act to 12 amend the Administrative Code of the City of 13 New York; 14 7885A, by Senator Golden, an act to 15 amend the General Municipal Law and others; 16 7987, by Senator Larkin, an act to 17 amend the Criminal Procedure Law; 18 7990, by Senator Bonacic, an act to 19 amend the Private Housing Finance Law; 20 7994, by Senator Marcellino, an act 21 to amend the Environmental Conservation Law; 22 8003, by Senator Marcellino, an act 23 to amend the Environmental Conservation Law; 24 8031, by Senator Libous, an act to 25 amend the Vehicle and Traffic Law;

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(518) 371-8910 1 8032A, by Senator Bonacic, an act 2 to amend the Public Authorities Law; 3 8036, by Senator Meier, an act to 4 amend the Alcoholic Beverage Control Law; 5 8043A, by Senator Padavan, an act 6 to amend the Real Property Tax Law; 7 8052, by Senator Johnson, an act to 8 establish; 9 8063, by Senator Skelos, an act to 10 amend the Public Authorities Law; 11 8064, by Senator Leibell, an act to 12 amend the Real Property Tax Law; 13 8069, by Senator Balboni, an act to 14 amend the Executive Law; 15 8071, by Senator Libous, an act to 16 amend the State Finance Law; 17 8081, by Senator Spano, an act to 18 amend the Penal Law; 19 8086, by Senator Nozzolio, an act 20 to amend Chapter 211 of the Laws of 2005; 21 8087, by Senator Bonacic, an act to 22 establish; 23 8090, by Senator Maziarz, an act to 24 amend the Environmental Conservation Law; 25 8092, by Senator Little, an act to

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(518) 371-8910 1 legalize, validate, ratify and confirm; 2 8093, by Senator Nozzolio, an act 3 to amend the Tax Law; 4 8096, by Senator Skelos, an act to 5 amend the Judiciary Law; 6 8097, by Senator Little, an act to 7 authorize; 8 8099, by Senator Meier, an act to 9 amend the Parks, Recreation and Historic 10 Preservation Law; 11 8100, by Senator Wright, an act to 12 authorize; 13 8101, by Senator Wright, an act to 14 amend the Education Law; 15 8109, by Senator Leibell, an act to 16 amend the Public Authorities Law; 17 8112, by Senator Little, an act to 18 amend Chapter 540 of the Laws of 1992; 19 8114, by Senator Leibell, an act to 20 repeal; 21 8115, by Senator Meier, an act to 22 amend the Social Services Law; 23 8118, by Senator Little, an act to 24 authorize; 25 8122, by Senator Padavan, an act to

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(518) 371-8910 1 amend the Civil Service Law; 2 8126, by Senator Padavan, an act to 3 amend the Public Authorities Law; 4 8127, by Senator Marchi, an act to 5 amend Chapter 586 of the Laws of 2005; 6 8130, by Senator Meier, an act to 7 amend the Education Law; 8 8131, by Senator Meier, an act to 9 amend the Social Services Law; 10 8146, by Senator Little, an act to 11 amend the Criminal Procedure Law; 12 8147, by Senator Skelos, an act to 13 amend the Labor Law; 14 8149, by Senator Saland, an act to 15 amend the Education Law; 16 8151, by Senator Little, an act to 17 authorize; 18 8152, by Senator Golden, an act to 19 amend the Family Court Act; 20 8153, by Senator Johnson, an act to 21 amend the State Law; 22 8157, by Senator Trunzo, an act to 23 authorize; 24 8159, by Senator Spano, an act to 25 amend a chapter of the Laws of 2006;

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(518) 371-8910 1 8160, by Senator Golden, an act to 2 amend the Transportation Law; 3 And Senate Print 8197, by Senator 4 Bruno, an act in relation to granting. 5 All bills ordered direct to third 6 reading. 7 SENATOR SKELOS: Move to accept 8 the report of the Rules Committee. 9 ACTING PRESIDENT ALESI: All in 10 favor of accepting the report of the Rules 11 Committee signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT ALESI: Opposed, 14 nay. 15 (No response.) 16 ACTING PRESIDENT ALESI: The 17 report is accepted. 18 Senator Skelos. 19 SENATOR SKELOS: Is there any 20 further business at the desk? 21 ACTING PRESIDENT ALESI: No, sir, 22 there's no further business at the desk. 23 SENATOR SKELOS: Just think of 24 it, Mr. President -- Senator Meier is there 25 with you, you, me, and Senator Stachowski --

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(518) 371-8910 1 oh, I didn't see Ada Smith and Ruth 2 Hassell-Thompson -- what we could do right now 3 on the consent calendar. 4 (Laughter.) 5 SENATOR SKELOS: There being no 6 further business to come before the Senate, I 7 move we stand adjourned until Thursday, 8 June 15th, at 11:00 a.m. 9 ACTING PRESIDENT ALESI: On 10 motion, the Senate stands adjourned until 11 Thursday, June 15th, at 11:00 a.m. 12 (Whereupon, at 6:58 p.m., the 13 Senate adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910