Wednesday, June 21, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 21, 2006 11 11:24 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: With us this 10 morning to give the invocation is the Reverend 11 Dr. Larry Hendricks, pastor of Grace Lutheran 12 Church in Vestal, New York. Who's been with 13 us before, I might add. 14 REVEREND DR. HENDRICKS: Let us 15 pray. 16 Almighty God, we are grateful that 17 Your sovereignty is demonstrated in service. 18 And as the Senators do their work here, may 19 Your deep love for them find reality in their 20 speech and action. 21 And, as You offer Yourself freely, 22 as a way of bringing hope, overcoming 23 discouragement and offering a challenge to be 24 our best. Free society does not work unless 25 there are in it caring citizens who use those

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(518) 371-8910 1 freedoms and rights which it affords them. 2 We freely admit the fear we feel. 3 When we imagine giving ourself to each other, 4 it seems overwhelming. When we recall that 5 You told us it is possible to so love even our 6 enemies. Lord, what a revelation that would 7 be, a revelation of new life for all. 8 Take from our minds all fragments 9 of fear that would lead us to withdraw into 10 self-absorption. Give us the gift of freedom 11 to fight without reserve for the community of 12 humankind. The enjoyment of the world as Your 13 gift to everyone, and the special role that 14 this great New York Senate has in bringing 15 this gift to the state and nation and the 16 whole world. 17 Grant health and favor to all who 18 bear office in our land, so on this day may 19 the Senators know that the people of this 20 state not only lay heavy responsibilities on 21 them but also hold them up in prayer, all the 22 way from the west -- Senator Maziarz -- to the 23 east -- my friend Senator Padavan -- and the 24 central -- my Senator, Senator Libous. 25 We know that the greatest deed of

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(518) 371-8910 1 all is to pray for civil authorities. May the 2 gracious power of Your love be served in what 3 is done in this hall today. 4 Amen. 5 THE PRESIDENT: Reading of the 6 Journal. 7 THE SECRETARY: In Senate, 8 Tuesday, June 20, the Senate met pursuant to 9 adjournment. The Journal of Monday, June 19, 10 was read and approved. On motion, Senate 11 adjourned. 12 THE PRESIDENT: Without 13 objection, the Journal stands approved as 14 read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Little. 24 SENATOR LITTLE: Thank you, Madam 25 President.

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(518) 371-8910 1 On behalf of Senator Golden, on 2 page 18 I offer the following amendments to 3 Calendar Number 691, Senate Print Number 4502, 4 and ask that said bill retain its place on the 5 Third Reading Calendar. 6 THE PRESIDENT: The amendments 7 are received, and the bill will retain its 8 place on the Third Reading Calendar. 9 SENATOR LITTLE: Thank you. 10 Also, Madam President, on behalf of 11 Senator Maziarz, on page 58 I offer the 12 following amendments to Calendar Number 1954, 13 Senate Print Number 7350B, and ask that said 14 bill retain its place on the Third Reading 15 Calendar. 16 THE PRESIDENT: The amendments 17 are received, and that bill will also retain 18 its place on the Third Reading Calendar. 19 SENATOR LITTLE: Thank you. 20 THE PRESIDENT: You're welcome. 21 Senator Wright. 22 SENATOR WRIGHT: Thank you, Madam 23 President. I believe we have Resolution 24 Number 6086, by Senator Morahan. I would ask 25 that its title only be read.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Morahan, Legislative Resolution Number 6086, 5 commemorating the 60th Anniversary of Cerebral 6 Palsy Associations of New York State. 7 THE PRESIDENT: All in favor of 8 the resolution please signify by saying aye. 9 (Response of "Aye.") 10 THE PRESIDENT: Opposed, nay. 11 (No response.) 12 THE PRESIDENT: The resolution is 13 adopted. 14 Senator Wright. 15 SENATOR WRIGHT: Thank you, Madam 16 President. Would we please note that the 17 resolution will be open for any member who 18 wishes to cosponsor it. 19 THE PRESIDENT: Any member who 20 does not wish to cosponsor the last 21 resolution, please notify the desk. 22 Senator Wright. 23 SENATOR WRIGHT: May we take up 24 the noncontroversial reading of the calendar. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 Senator Wright. 3 SENATOR WRIGHT: Madam President, 4 are there any substitutions at the desk? 5 THE PRESIDENT: Yes, there are, 6 Senator. 7 The Secretary will read. 8 THE SECRETARY: On page 5, 9 Senator Bonacic moves to discharge, from the 10 Committee on Housing, Construction and 11 Community Development, Assembly Bill Number 12 3526 and substitute it for the identical 13 Senate Bill Number 2216, Third Reading 14 Calendar 121. 15 On page 23, Senator Meier moves to 16 discharge, from the Committee on Commerce, 17 Economic Development and Small Business, 18 Assembly Bill Number 2656B and substitute it 19 for the identical Senate Bill Number 2322B, 20 Third Reading Calendar 849. 21 On page 42, Senator Young moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 196A and substitute it 24 for the identical Senate Bill Number 7558, 25 Third Reading Calendar 1325.

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(518) 371-8910 1 On page 43, Senator Fuschillo moves 2 to discharge, from the Committee on Health, 3 Assembly Bill Number 5733C and substitute it 4 for the identical Senate Bill Number 2602C, 5 Third Reading Calendar 1344. 6 On page 53, Senator Wright moves to 7 discharge, from the Committee on Rules, 8 Assembly Bill Number 6529B and substitute it 9 for the identical Senate Bill Number 3305A, 10 Third Reading Calendar 1670. 11 And on page 60, Senator Morahan 12 moves to discharge, from the Committee on 13 Rules, Assembly Bill Number 11278A and 14 substitute it for the identical Senate Bill 15 Number 8268, Third Reading Calendar 1998. 16 THE PRESIDENT: Substitutions 17 ordered. 18 Senator Wright. 19 SENATOR WRIGHT: Madam President, 20 may we now proceed with the noncontroversial 21 reading of the calendar. 22 THE PRESIDENT: We will now 23 proceed with the reading of the 24 noncontroversial calendar. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 121, substituted earlier by Member of the 2 Assembly Lopez, Assembly Print Number 3526, an 3 act to amend the Private Housing Finance 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, 50. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 210, by Senator Leibell, Senate Print 5102A, 15 an act to amend the Public Authorities 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, 50. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 302, by Member of the Assembly Rivera, 2 Assembly Print Number 809A, an act to amend 3 the General Business Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of the 8 calendar month. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: Senator Farley, 12 to explain your vote. 13 SENATOR FARLEY: To explain my 14 vote. 15 Madam President, I'm voting against 16 this bill. This is a bill that attempts to 17 regulate credit card companies. The Supreme 18 Court has ruled that credit card companies 19 that are not located in New York State cannot 20 be regulated if they're located in another 21 state. 22 Believe it or not, there are no 23 credit card companies left in New York State. 24 They have all left. The last one, Chemical, 25 left Nassau County, with several thousand

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(518) 371-8910 1 jobs, to Delaware in the mid-1990s. 2 Also, we cannot regulate federal 3 chartered banks. And there is a mass flipping 4 going on to the federal charter. This bill 5 sends the wrong message, flip to a federal 6 charter. J.P. Morgan Chase flipped to a 7 federal charter just this last year, and the 8 Banking Department lost one-third of its 9 funding. 10 This piece of legislation, although 11 maybe well-intended, not only sends the wrong 12 message, it absolutely does nothing, because 13 there's no more credit card companies left in 14 this state. And we can't regulate any that 15 are out of state. 16 I vote no. 17 THE PRESIDENT: You will be so 18 recorded as voting in the negative, Senator 19 Farley. 20 Senator Balboni, to explain your 21 vote. 22 SENATOR BALBONI: Madam 23 President, I appreciate very much the 24 leadership that Senator Farley has had on this 25 financial institution for many, many years.

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(518) 371-8910 1 However, I must respectfully depart only in 2 this certain instance. 3 Senator, I understand exactly what 4 you're saying, that it is the wrong message. 5 But this is also an act of protest. This is a 6 situation that is untenable. And frankly, if 7 any other institution conducted business this 8 way, where in the middle of your credit card 9 statement a tiny little statement says that 10 they can rate raise your interest rates, that 11 there's no control as to the maximum amount of 12 interest rates -- and frankly, the entire 13 perspective of how credit is issued to people 14 who have absolutely no financial background 15 checks when they issue the credit initially -- 16 they would be considered scurrilous. But 17 because of the size and the monopoly of these 18 financial institutions in credit, we are left 19 without recourse. 20 So I'm going to vote yes on this. 21 Do you know why? It does send the wrong 22 message, I agree with you, but it sends the 23 right message of protest that hopefully 24 Washington is going to see and change the way 25 that it's done in this state, because it

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(518) 371-8910 1 creates difficulties for many, many 2 New Yorkers. 3 I vote aye, Madam President. Thank 4 you. 5 THE PRESIDENT: And you will be 6 so recorded as voting in the affirmative, 7 Senator Balboni. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 302 are 12 Senators DeFrancisco, Farley, Little, Seward 13 and Winner. 14 Ayes, 48. Nays, 5. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 849, substituted earlier by Member of the 19 Assembly Destito, Assembly Print Number 2656B, 20 an act to amend the Alcoholic Beverage Control 21 Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 30th day.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 877, by Senator Young, Senate Print 6562B, an 8 act to amend the Agriculture and Markets Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 4. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1011, by Senator Larkin, Senate Print 6847, an 20 act to amend the Insurance Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. This 24 act shall take effect on the first of January 25 next succeeding.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1165, by Senator Seward, Senate Print 1405A, 8 an act to amend the Insurance Law. 9 SENATOR SCHNEIDERMAN: Lay it 10 aside. 11 THE PRESIDENT: The bill is laid 12 aside. 13 SENATOR WRIGHT: Lay it aside for 14 the day, please. 15 THE PRESIDENT: The bill is laid 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 1180, by Senator Golden, Senate Print 7308, an 19 act to amend the State 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, 55. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1245, by Senator Padavan, Senate Print 6577, 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 on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. Nays, 15 1. Senator Duane recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1325, substituted earlier today by Member of 20 the Assembly Markey, Assembly Print Number 21 196A, an act to amend the Agriculture and 22 Markets Law and the State Finance Law. 23 SENATOR WRIGHT: Lay it aside for 24 the day, please. 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 1344, substituted earlier today by Member of 4 the Assembly Weisenberg, Assembly Print Number 5 5733C, an 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 on the 90th day. 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 1355, by Senator Fuschillo, Senate Print 7576, 17 an act to amend the Public Health Law. 18 THE PRESIDENT: Read the last 19 section. 20 SENATOR WRIGHT: Lay it aside for 21 the day, please. 22 THE PRESIDENT: The bill is laid 23 aside for the day. 24 THE SECRETARY: Calendar Number 25 1369, by Senator Morahan, Senate Print 6273A,

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(518) 371-8910 1 an act to amend the Real Property Tax Law. 2 SENATOR LIZ KRUEGER: Lay it 3 aside. 4 THE PRESIDENT: The bill is laid 5 aside. 6 THE SECRETARY: Calendar Number 7 1414, by Senator Spano, Senate Print 7174A, an 8 act to amend the Vehicle and Traffic Law. 9 THE PRESIDENT: There is a 10 home-rule message at the desk. 11 Read the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1486, by Senator LaValle, Senate Print 4803, 21 an act in relation to establishing. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 9. 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 1518, by Senator Bonacic, Senate Print 7232, 8 an act to amend the Tax Law. 9 THE PRESIDENT: There is a local 10 fiscal impact note at the desk. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 90th day. 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 1532, by Senator LaValle, Senate Print 7545A, 21 an act to amend the Town Law. 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 1596, by Senator Skelos, Senate Print 4169A, 8 an act to amend the Tax Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 10. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 54. Nays, 16 2. Senators Duane and L. Krueger recorded in 17 the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1670, substituted earlier today by Member of 22 the Assembly Destito, Assembly Print Number 23 6529B, an act to amend the Not-For-Profit 24 Corporation Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 180th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1670 are 8 Senators Little, Meier and Nozzolio. Also 9 Senators Seward and Winner. 10 Ayes, 51. Nays, 5. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1877, by Senator Flanagan, Senate Print 7782B, 15 an act to amend the Tax Law. 16 THE PRESIDENT: Read the last 17 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 PRESIDENT: Senator Flanagan, 23 to explain your vote. 24 SENATOR FLANAGAN: Thank you, 25 Madam President, just briefly to explain my

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(518) 371-8910 1 vote. 2 This is a bill that we worked on 3 with Assemblywoman Paulin in the Assembly, and 4 I think it's a great bill. It's a tax credit, 5 and it provides an incentive for taxing livery 6 companies to add handicapped-accessible 7 vehicles to their fleets. 8 It's a three-year sunset, and to 9 the best of our knowledge I think this is the 10 first program of its kind in the country. 11 Very hopeful that the Governor will sign it. 12 It's a good step forward, and it's going to 13 help a lot of people. 14 Thank you. 15 THE PRESIDENT: You will be so 16 recorded as voting in the affirmative, 17 Senator. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 56. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1886, by Senator Spano, Senate Print 8295, an 25 act to amend the Civil Service Law and the

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(518) 371-8910 1 State Finance Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 20. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1887, by Senator DeFrancisco, Senate Print 13 8296, an act relating to an impasse. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 7. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE PRESIDENT: Senator 21 DeFrancisco, to explain your vote. 22 SENATOR DeFRANCISCO: Yes, I'm 23 going to vote aye. 24 And I just wanted to explain that 25 these contracts were unusual contract

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(518) 371-8910 1 negotiations in that the impasse that was 2 settled by this bill was an impasse for the 3 contract period 1995 through 1999. When 4 there's an impasse, the Legislature -- in this 5 case, myself and Assemblywoman Weinstein -- 6 chair the committee to break the impasse, 7 almost like a trial. 8 Well, this year we called for a 9 hearing. And after the hearing, hearing all 10 sides of the issue, we suggested that they 11 meet for another 60 days to see whether they 12 could resolve their differences or we would 13 end up making the decision. 14 Well, it's fortunate that they did 15 resolve their differences. And I think the 16 fact that the Legislature got involved made it 17 happen. 18 So I'm very proud of this bill and 19 happy that all parties are satisfied in 20 resolving a dispute over a contract that 21 existed some 10 years ago. 22 So I vote aye. 23 THE PRESIDENT: And you will be 24 recorded as voting in the affirmative, 25 Senator.

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(518) 371-8910 1 Senator Malcolm Smith, to explain 2 your vote. 3 SENATOR MALCOLM SMITH: Thank you 4 very much, Madam President. I rise to 5 congratulate the chairman, Senator 6 DeFrancisco. 7 Obviously this has been a situation 8 that has gone on too long for too many of our 9 distinguished members that are involved in the 10 judicial system. And obviously it had an 11 impact on their families, had an impact on how 12 they wanted to actually take care of their 13 families and how to deal with their lives out 14 in the future. 15 And I would just say to the 16 chairman that was very good work, 17 Mr. Chairman. You resolved the matter, it 18 took quite some time, and you should be 19 credited with that. 20 Thank you. 21 THE PRESIDENT: And you will be 22 recorded as voting in the affirmative, 23 Senator. 24 The Secretary will announce the 25 results.

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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 1909, by Senator Skelos, Senate Print 7381B, 6 an act to amend the Education Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 11. This 10 act shall take effect on the first of July. 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 1986, by Senator Krueger, Senate Print 2522A, 18 an act to authorize. 19 THE PRESIDENT: There is a 20 home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 4. 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 1990, by Senator Little, Senate Print 8217, an 6 act to amend the Real Property Tax Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 120th day. 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 1998, substituted earlier today by Member of 18 the Assembly Zebrowski, Assembly Print Number 19 11278A, an act to amend the Environmental 20 Conservation Law. 21 SENATOR WRIGHT: Lay it aside for 22 the day, please. 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 2002, by Senator Balboni, Senate Print 8280, 2 an act to amend the Executive 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 PRESIDENT: Senator Balboni, 10 to explain your vote. 11 SENATOR BALBONI: Madam 12 President, every opportunity I get to 13 highlight the great agencies we have and the 14 wonderful service provided by our men and 15 women of our first responders group, I will 16 take. 17 This bill creates an urban search 18 and rescue team for the first time in the 19 state. Previous to this, it has been done 20 through executive order, through the good 21 offices of Governor George Pataki. 22 And this is such a crucial activity 23 and capability once there is any type of 24 calamity that involves either a building 25 collapse or if you have to go into subway

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(518) 371-8910 1 systems. They're very specialized, trained 2 individuals that give great service. 3 And on Long Island, the volunteer 4 fire systems want to develop their own system 5 for urban search and rescue. This bill will 6 allow them to do that. 7 I vote aye. 8 THE PRESIDENT: You will be so 9 recorded as voting in the affirmative. 10 The Secretary will announce the 11 results. 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 2004, by Senator Golden, Senate Print 8284, an 17 act to amend the Penal Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 4. This 21 act shall take effect on the 90th day. 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 2005, by the Senate Committee on Rules, Senate 4 Print Number 8286A, an act to amend the Real 5 Property 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 2006, by Senator Maziarz, Senate Print 8289, 17 an act to amend the Labor Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the same date and in 22 the same manner as a chapter of the laws of 23 2006. 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 2007, by Senator Golden, Senate Print 8290, an 6 act to amend the Penal Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 10. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Senator 14 Schneiderman, to explain your vote. 15 SENATOR SCHNEIDERMAN: Thank you, 16 Madam President. 17 I rise to support this bill, which 18 imposes additional penalties for use of a gun 19 in a crime. However, I'm very disappointed 20 that we appear to be leaving, finishing 21 session again without passing significant gun 22 control legislation, which continues to pass 23 the Assembly. 24 Notably, the Assembly has passed 25 this year A9280, which would make it more

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(518) 371-8910 1 difficult for criminals to obtain guns, not 2 just punish them more when they use them. 3 Our failure in this house to impose 4 requirements on gun dealers -- as simple as 5 requiring them to cooperate with law 6 enforcement authorities, as simple as 7 requiring them to train people and have 8 employees who are at least 21 years of age so 9 they can spot straw purchases -- confounds me. 10 I think that it's time for the 11 Senate to wake up and realize, as the Mayor of 12 New York has, and people across the country 13 have, on both sides of the aisle, that we have 14 to do more to prevent guns from getting into 15 the hands of criminals. 16 No gun starts as an illegal gun. 17 Guns all start as legal guns and are diverted 18 from the legitimate market by unscrupulous 19 dealers. It's time for us to do something 20 about that. 21 I support this legislation, and I 22 thank Senator Golden for sponsoring it. But 23 there are bills that are once again passing 24 the Assembly and dying here that would make 25 all New Yorkers safer from the plague of

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(518) 371-8910 1 criminals with illegal guns. 2 I vote yes, Madam President, in the 3 hope that we will do more on this critical 4 issue in the future. 5 THE PRESIDENT: And you will be 6 recorded as voting in the affirmative. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 2009, by Senator Skelos, Senate Print 8302, an 14 act to authorize. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 2009 are 23 Senators Bonacic, Larkin and Rath. 24 Ayes, 54. Nays, 3. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 2010, by Senator Bonacic, Senate Print 8305, 4 an act relating to authorizing the reopening. 5 THE PRESIDENT: There is a 6 home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 57. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 2012, by Senator Marcellino, Senate Print 17 8328, an act to amend the Tax 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 2013, by Senator Bruno, Senate Print 8333, an 4 act proposing an amendment to Article VII of 5 the Constitution. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 57. 9 THE PRESIDENT: The resolution is 10 adopted. 11 THE SECRETARY: Calendar Number 12 2014, by Senator Bruno, Senate Print 8334, an 13 act to amend the State Finance 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 2015, by Senator Saland, Senate Print 8338, an 25 act to authorize.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. Nays, 8 1. Senator Bonacic recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 2017, by Senator Marchi, Senate Print 8348, an 13 act to amend the Workers' Compensation 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 Senator Wright, that completes the 24 reading of the noncontroversial calendar. 25 SENATOR WRIGHT: Thank you, Madam

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(518) 371-8910 1 President. 2 On behalf of Senator Skelos, I 3 request reconsideration of Calendar Number 4 1909, Senate Print 7381B. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: Calendar Number 8 1909, by Senator Skelos, Senate Print 7381B, 9 an act to amend the Education Law. 10 THE PRESIDENT: The Secretary 11 will call the roll upon reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 THE PRESIDENT: Senator Wright. 15 SENATOR WRIGHT: Can we lay it 16 aside for the day. 17 THE PRESIDENT: The bill is laid 18 aside for the day. 19 Senator Wright. 20 SENATOR WRIGHT: If we can 21 proceeded with the controversial reading of 22 the calendar. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1369, by Senator Morahan, Senate Print 6273A, 2 an act to amend the Real Property Tax Law. 3 SENATOR LIZ KRUEGER: 4 Explanation. 5 THE PRESIDENT: Senator Morahan, 6 an explanation has been requested. 7 SENATOR MORAHAN: Thank you, 8 Madam President. 9 This is a bill that, if it's 10 successfully passed and signed by the 11 Governor, would allow people who are 75 years 12 of age who have lived in their home for 13 several years, I think it's over 30 years, and 14 do not have any children enrolled in the 15 school, the local municipality would have the 16 ability, after public hearing, to exempt them 17 from school property tax. 18 THE PRESIDENT: Senator Krueger. 19 SENATOR LIZ KRUEGER: Thank you, 20 Madam President. If the sponsor would please 21 yield. 22 THE PRESIDENT: Senator Morahan, 23 do you yield for a question? 24 SENATOR MORAHAN: Yes, I do. 25 THE PRESIDENT: You may proceed

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(518) 371-8910 1 with a question, Senator. 2 SENATOR LIZ KRUEGER: Thank you. 3 I know this is a modification of an 4 earlier bill, I believe from another session. 5 My concern, Senator -- and you may explain to 6 me that I should not have this concern. But 7 my concern when I read the bill is I 8 understand your intent that for people over 9 75, who have income of less than $60,000 and 10 who have lived in that district for at least 11 30 years, an exemption at local option from 12 the property school taxes. 13 My concern is the way the bill is 14 written, is it possible that a family that's 15 multigenerational could do the following. 16 Let's say I and my husband have three children 17 in the school system, but we buy a house with 18 our parents or parent who is over 75, has 19 income under $60,000, does not have children 20 in the school district, actually has 21 grandchildren. And even though my family 22 income might be $200,000, if the house is in, 23 let's say, my elderly mother's name, that we 24 could all avoid paying property school taxes 25 because the house is in, quote, grandma's

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(518) 371-8910 1 name, but my family, my children, the 2 grandchildren are in the school system. 3 SENATOR MORAHAN: Well, I think 4 the intent of the legislation clearly states 5 that the ownership of people age 75 who have 6 no children in the school system -- I don't 7 know too many people who are 75 who may still 8 have children in the elementary school or what 9 have you. But it's implied to me that there 10 would be no children in the school district 11 emanating from that residence. 12 SENATOR LIZ KRUEGER: Madam 13 President, on the bill. 14 THE PRESIDENT: You may proceed 15 on the bill. 16 SENATOR LIZ KRUEGER: Thank you, 17 Madam President. 18 I appreciate the sponsor's answer. 19 I think that the sponsor intends his bill to 20 be specifically the example he gave. But the 21 way the bill is written, where it says 22 children, it doesn't talk about perhaps having 23 grandchildren or a three-generation situation. 24 I am concerned that there is 25 technical errors in the legislation that,

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(518) 371-8910 1 again, it's conceivable that a county or a 2 municipality, recognizing that, wouldn't 3 choose this option. And I'm not saying I 4 don't think they should have the right to 5 explore this option for themselves. And I 6 respect the Senator's goal with this 7 legislation. 8 But because of the way I read the 9 language, I'm going to vote no at this point 10 in time. Again, because I am concerned that 11 the way the bill is drafted, you may find 12 yourself in a situation where, not intended by 13 you with this legislation, but a situation 14 where there will be multiple-family scenarios, 15 three-generation families sharing 16 households -- which, again, there's all kinds 17 of good reasons for, supportive, good reasons 18 for the families, for the grandchildren, for 19 the grandparents -- but that you might be 20 opening up a situation where large numbers of 21 people who really can afford their taxes would 22 find this as a loophole to avoid paying their 23 taxes which would be detrimental to the 24 localities. Not that I think you intended 25 that.

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(518) 371-8910 1 But based on my concerns about the 2 way the bill is currently written, I'll vote 3 no. 4 Thank you, Madam President. 5 THE PRESIDENT: Does any other 6 member wish to be heard? 7 Senator Savino -- Senator Sabini. 8 SENATOR SABINI: Thank you, Madam 9 President. If the sponsor would yield for a 10 question. 11 THE PRESIDENT: Senator Morahan, 12 will you yield for a question? 13 SENATOR MORAHAN: Yes, if he can 14 see me with the Senators standing before me, 15 I'll be very happy to yield, Senator. 16 THE PRESIDENT: Senator Savino -- 17 Senator Sabini, you may continue with a 18 question. 19 SENATOR SABINI: We look alike, I 20 know. 21 (Laughter.) 22 THE PRESIDENT: There's no 23 excuse. 24 SENATOR SABINI: Through you, 25 Madam President, if the sponsor can just

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(518) 371-8910 1 answer, how does this bill apply, if at all, 2 to residents of New York City or Yonkers who 3 pay income tax and don't have a school tax 4 locally? 5 SENATOR MORAHAN: That would be 6 up to the municipality. If they can't sort 7 that out, then they may not adopt the law. It 8 would be up to them to see if the law is 9 workable. 10 SENATOR SABINI: Madam President, 11 on the bill. 12 THE PRESIDENT: You may proceed 13 on the bill, Senator Sabini. 14 SENATOR SABINI: While I applaud 15 the sponsor's intention and know of his 16 benevolence towards his constituents and 17 appreciate that, I think I have a better piece 18 of legislation that would do the same thing -- 19 we tried to bring it out on to the floor this 20 year -- and that would be to let seniors of a 21 certain income level defer their taxes, their 22 property taxes at any level, New York City or 23 anywhere in the state, until the two things 24 that are certain in life, until death or sale 25 of the estate, sale of the property, or until

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(518) 371-8910 1 they move. It's the death and taxes bill, as 2 I call it. 3 That way seniors would be protected 4 all over the state. I'm concerned that this 5 is a little specific for certain areas of the 6 state. I'd like to see my constituents have a 7 better opportunity to participate in this, 8 especially since real estate costs in areas 9 like Queens are going through the roof, and 10 people who kept neighborhoods good are now 11 suffering the fact that their real estate 12 values are going up and their taxes are going 13 up and are being forced to move in some cases. 14 I'd like to see protections for us. 15 I don't think this bill offers that. Or if it 16 does, it would be a very complicated way of 17 enabling it. Because I read it and I couldn't 18 find it. 19 So I will be voting in the 20 negative. Thank you. 21 THE PRESIDENT: The debate is 22 closed. 23 The Secretary will ring the bell. 24 The members should return to their 25 seats, please, so we can proceed with the

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(518) 371-8910 1 calendar. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE PRESIDENT: Senator Morahan, 8 to explain your vote. 9 SENATOR MORAHAN: Yes, thank you. 10 I'd like to explain my vote, Madam President. 11 A couple of issues were raised here 12 regarding this bill. Number one, where they 13 don't list the property tax in a bill, say in 14 the City of New York -- which I believe is now 15 in a conversion process where they are listing 16 the school taxes on the property tax bill -- 17 they could locally, in those communities that 18 don't do that, arrange to do it to let people 19 know what they are spending and what they're 20 not spending on local education. 21 And I understand the City of 22 New York is already moving that way and is 23 starting to show the property tax on the bill. 24 This bill has been generated by an 25 experience I had at a supermarket one day when

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(518) 371-8910 1 an aged lady came up to me -- and she was very 2 benign, no belligerence, very sincere -- and 3 she asked me about what we are doing about 4 property tax. I tried to explain all that, 5 and she said, "Senator, that's really not the 6 issue. I was born in the house that I live in 7 now in Rockland County, I lived here all of my 8 life, I was never married, I have no children 9 who ever went to the schools. My question 10 is" -- and she was deadly sincere -- "where do 11 you recommend that I could move to that I 12 could live on the money that I have and that 13 I've saved?" 14 This woman just wanted to know, in 15 all sincerity, did I have any ideas where she 16 had to move to so she could spent the rest of 17 her days. She was never outside of Rockland 18 County. I thought that was a heartbreaking 19 story. 20 And I think this sort of bill that 21 would allow communities, where they can, after 22 public hearings, to exclude people 75 years of 23 age, and if the other spouse is at least 65, 24 from paying school tax as long as there's no 25 children in the school district.

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(518) 371-8910 1 So I think it's a long overdue 2 reform. I do have an Assembly sponsor. We're 3 going to keep moving on this bill till we get 4 it done. And it will benefit all seniors in 5 those municipalities who are able, after a 6 public hearing, to adopt this law. 7 I vote yes. Thank you, Madam 8 President. 9 THE PRESIDENT: Senator Connor, 10 to explain your vote. 11 SENATOR CONNOR: Thank you, Madam 12 President. 13 You know, while I sympathize with 14 the intent of this bill, and I certainly think 15 seniors under the circumstances provided by 16 this bill ought to get some relief, I have a 17 problem with two premises. One, I have never 18 accepted the premise, and I've heard this from 19 constituents over the years: I don't have any 20 kids in the school, why do I have to pay 21 school taxes? 22 And we obviously can't, as a 23 society, accept that. The whole foundation of 24 the public education system is that everyone 25 has a responsibility to contributing toward

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(518) 371-8910 1 educating our youth, whether they're your own 2 children or not. 3 Secondly -- but that said, I 4 sympathize with the people that Senator 5 Morahan is attempting to provide relief to. 6 What I object to is really there's no relief 7 for seniors in New York City. 8 And we have carefully fashioned 9 other forms of tax relief, like the STAR 10 program that was eventually adopted, to put 11 mechanisms in whereby New York City taxpayers 12 would get some relief. 13 Until it does something for 14 constituents in my district, I vote no, Madam 15 President. 16 THE PRESIDENT: And you will be 17 recorded as voting in the negative. 18 And Senator Morahan will be 19 recorded as voting in the affirmative. 20 Senator Sabini, did you want to 21 explain your vote? 22 SENATOR SABINI: To explain my 23 vote, Madam President. 24 THE PRESIDENT: You may proceed. 25 SENATOR SABINI: I agree with the

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(518) 371-8910 1 compelling story that the sponsor told. I 2 would just urge that -- I understand the way 3 business is done here, that we can't get 4 petitions to bills on the floor approved. But 5 maybe someone in the Majority or even the 6 sponsor would like to take Assemblyman 7 Lafayette's bill, that would be more 8 broad-based, and sponsor it. 9 I think that would solve a lot of 10 problems here, because that bill allows the 11 people to only pay the tax if they're a 12 certain income level, upon their estate paying 13 the tax if they pass away or if they sell the 14 house. That way it's sort of clean and 15 simple, doesn't involve municipalities, and 16 gives a real tax break to people who need it. 17 I agree with the sponsor's sympathy 18 and story. We've heard that in places like 19 East Elmhurst. But I think that the bill that 20 has Assemblyman Lafayette's name on it and my 21 name on it, which you're free to take a look 22 at, would be much more broad-based and easier 23 implemented. 24 I vote no. 25 THE PRESIDENT: You will be

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(518) 371-8910 1 recorded, Senator Sabini, as voting in the 2 negative. 3 Senator Diaz, to explain your vote. 4 SENATOR DIAZ: Thank you, Madam 5 President, to explain my vote. 6 I agree in part with Senator Connor 7 when he says that this bill does not help my 8 constituents in New York City. But New York 9 City doesn't have what we call school taxes. 10 And even though my responsibility 11 is to protect and fight for my constituents in 12 my district, I also know that when I got 13 elected I got elected to make laws for the 14 whole state of New York, not only for the 15 people in my district. 16 And a senior citizen is a senior 17 citizen anywhere. And wherever a senior 18 citizen, they gave their life and worked hard 19 and now some of them are retired and in need 20 of help. 21 It is a good opportunity, and I 22 congratulate Senator Morahan today by him 23 pushing or placing this bill, because it shows 24 that we care for senior citizens, that we have 25 them in our mind. Even though, again, I say

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(518) 371-8910 1 the bill does not cover the City of New York 2 because we don't have school taxes. But it 3 helps seniors everywhere, anywhere else in 4 New York State. And I'm here to help seniors 5 wherever they are. 6 And I congratulate Senator Morahan, 7 and I'm voting yes on this bill, Madam 8 President. 9 THE PRESIDENT: Senator Diaz, how 10 do you vote? 11 SENATOR DIAZ: Yes. 12 THE PRESIDENT: And you will be 13 so recorded as voting in the affirmative. 14 SENATOR DIAZ: Thank you, Madam 15 President. 16 THE PRESIDENT: You're welcome, 17 Senator. 18 SENATOR DIAZ: I love you, Madam 19 President. 20 (Laughter.) 21 THE PRESIDENT: Was that off the 22 record? 23 (Laughter.) 24 THE PRESIDENT: The Secretary 25 will announce the results.

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 1369 are 3 Senators Connor, L. Krueger and Sabini. 4 Those Senators absent from voting: 5 Senators Fuschillo, C. Kruger, Oppenheimer and 6 Sampson. 7 Ayes, 54. Nays, 3. 8 THE PRESIDENT: The bill is 9 passed. 10 Senator Wright, that completes the 11 reading of the controversial calendar. 12 SENATOR WRIGHT: Thank you, Madam 13 President. 14 There will be an immediate meeting 15 of the Rules Committee in the Majority 16 Conference Room. 17 THE PRESIDENT: There will be an 18 immediate meeting of the Rules Committee in 19 the Majority Conference Room. 20 SENATOR WRIGHT: The Senate will 21 be at ease awaiting the report of the Rules 22 Committee. 23 THE PRESIDENT: The Senate stands 24 at ease. 25 (Whereupon, the Senate stood at

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(518) 371-8910 1 ease at 12:15 p.m.) 2 (Whereupon, the Senate reconvened 3 at 12:51 p.m.) 4 SENATOR SKELOS: Madam President. 5 ACTING PRESIDENT LITTLE: Senator 6 Skelos. 7 SENATOR SKELOS: Madam President, 8 if we could return to reports of standing 9 committees, there's a report of the Rules 10 Committee at the desk. I ask that it be read 11 at this time. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 The Secretary will read. 15 THE SECRETARY: Senator Bruno, 16 from the Committee on Rules, reports the 17 following bills: 18 Senate Print 2307, by Senator 19 Little, an act to amend the Environmental 20 Conservation Law; 21 5566A, by Senator Breslin, an act 22 to amend the Real Property Tax Law; 23 5686, by Senator Young, an act to 24 amend the Education Law; 25 7295C, by Senator Spano, an act to

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(518) 371-8910 1 amend the Not-For-Profit Corporation Law; 2 7516B, by Senator DeFrancisco, an 3 act to amend the Social Services Law; 4 7856, by Senator Nozzolio, an act 5 to amend the Agriculture and Markets Law; 6 8257, by Senator Balboni, an act to 7 amend the Executive Law; 8 8267, by the Senate Committee on 9 Rules, an act to amend the Retirement and 10 Social Security Law; 11 8271, by Senator Little, an act to 12 amend the Navigation Law; 13 8272, by Senator Farley, an act to 14 amend the Real Property Law; 15 8273, by Senator Robach, an act to 16 amend the Civil Service Law; 17 8287, by Senator DeFrancisco, an 18 act to amend the Estates, Powers and Trusts 19 Law; 20 8288, by Senator Padavan, an act to 21 amend the Real Property Tax Law; 22 8292, by Senator Marcellino, an act 23 to amend the Education Law; 24 8293, by Senator Hannon, an act to 25 amend the Facilities Development Corporation

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(518) 371-8910 1 Act; 2 8309, by Senator Leibell, an act to 3 amend the Labor Law; 4 8314, by Senator Maziarz, an act to 5 amend the Economic Development Law; 6 8317, by Senator Flanagan, an act 7 to amend the Election Law; 8 8318, by Senator Robach, an act to 9 amend the Civil Service Law; 10 8324, by Senator Meier, an act to 11 amend the Family Court Act and others; 12 8325, by Senator Meier, an act to 13 amend the Social Services Law; 14 8330, by Senator Skelos, an act to 15 amend the General Municipal Law; 16 8332, by Senator Bonacic, an act 17 authorizing; 18 8441, by Senator Skelos, an act to 19 amend the Criminal Procedure Law; 20 8445, by Senator Alesi, an act to 21 amend the Penal Law; 22 8446, by Senator Skelos, an act to 23 amend the Executive Law; 24 And Senate Print 8450, by Senator 25 Skelos, an act to amend the Public Health Law.

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(518) 371-8910 1 All bills ordered direct to third 2 reading. 3 ACTING PRESIDENT LITTLE: Senator 4 Skelos. 5 SENATOR SKELOS: Madam President, 6 I move to accept the report of the Rules 7 Committee. 8 ACTING PRESIDENT LITTLE: All in 9 fave of accepting the report of the Rules 10 Committee signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT LITTLE: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT LITTLE: The 16 report is accepted. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could go to Supplemental Calendar 60A, 20 noncontroversial. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The Secretary will read. 24 THE SECRETARY: In relation to 25 Calendar Number 2023, Senator Little moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 10342 and substitute it 3 for the identical Senate Bill Number 2307, 4 Third Reading Calendar 2023. 5 ACTING PRESIDENT LITTLE: The 6 substitution is ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2023, by Member of the Assembly Aubertine, 10 Assembly Print Number 10342, an act to amend 11 the Environmental Conservation Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2024, Senator Breslin moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 8664A and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 5566A, 2 Third Reading Calendar 2024. 3 ACTING PRESIDENT LITTLE: The 4 substitution is so ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2024, by the Assembly Committee on Rules, 8 Assembly Print Number 8664A, an act to amend 9 the Real Property Tax Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of January 14 next succeeding. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2025, by Senator Young, Senate Print 5686, an 23 act to amend the Education Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2027, by Senator DeFrancisco, Senate Print 11 7516B, an act to amend the Social Services 12 Law. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect January 1, 2007. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 2028, Senator Nozzolio moves 25 to discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 11267 and substitute it 2 for the identical Senate Bill Number 7856, 3 Third Reading Calendar 2028. 4 ACTING PRESIDENT LITTLE: The 5 substitution is so ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 2028, by Member of the Assembly Koon, Assembly 9 Print Number 11267, an act to amend the 10 Agriculture and Markets Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2029, by Senator Balboni, Senate Print 8257, 23 an act to amend the Executive Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT LITTLE: Senator 7 Balboni, to explain your vote. 8 SENATOR BALBONI: Yes, Madam 9 President. This is an extension of what has 10 become the first of its kind in the nation. 11 We passed two years ago a Chemical Plant 12 Security Act, which is now being reviewed by 13 Congress as it considers a national Chemical 14 Plant Security Act next week in Congress. 15 This bill would look at what what's 16 considered to be a major loophole in that, and 17 that's transportation: rail yards, and what 18 they call in-transit storage of hazardous and 19 dangerous chemicals. 20 Again, New York State is leading 21 the way with this type of legislation. I vote 22 aye. 23 Thank you. 24 ACTING PRESIDENT LITTLE: Thank 25 you. Senator Balboni will be recorded in the

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(518) 371-8910 1 affirmative. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2030, by the Senate Committee on Rules, Senate 9 Print Number 8267, an act to amend the 10 Retirement and Social Security Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 2031, by Senator Little, Senate Print 8271, an 23 act to amend the Navigation Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 2032, by Senator Farley, Senate Print 8272, an 11 act to amend the Real Property Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2033, by Senator Robach, Senate Print -- 24 SENATOR SKELOS: Lay it aside 25 temporarily.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is laid aside temporarily. 3 THE SECRETARY: In relation to 4 Calendar Number 2034, Senator DeFrancisco 5 moves to discharge, from the Committee on 6 Judiciary, Assembly Bill Number 10721 and 7 substitute it for the identical Senate Bill 8 Number 8287, Third Reading Calendar 2034. 9 ACTING PRESIDENT LITTLE: The 10 substitution is so ordered. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 2034, by Member of the Assembly Zebrowski, 14 Assembly Print Number 10721, an act to amend 15 the Estates, Powers and Trusts Law. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2035, by Senator Padavan, Senate Print 8288, 3 an act to amend the Real Property Tax Law. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 2037, by Senator Hannon, Senate Print 8293, an 16 act to amend the Facilities Development 17 Corporation Act. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 SENATOR HANNON: Lay it aside for 21 the day, please. 22 ACTING PRESIDENT LITTLE: The 23 bill is laid aside for the day. 24 THE SECRETARY: In relation to 25 Calendar Number 2038, Senator Leibell moves to

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(518) 371-8910 1 discharge, from the Committee on Rules, 2 Assembly Bill Number 11291 and substitute it 3 for the identical Senate Bill Number 8309, 4 Third Reading Calendar 2038. 5 ACTING PRESIDENT LITTLE: The 6 substitution is so ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 2038, by Member of the Assembly Brodsky, 10 Assembly Print Number 11291, an act to amend 11 the Labor Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 180th day. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2039, by Senator Maziarz, Senate Print 8314, 24 an act to amend the Economic Development Law. 25 ACTING PRESIDENT LITTLE: 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 LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: In relation to 11 Calendar Number 2041, Senator Robach moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 11674 and substitute it 14 for the identical Senate Bill Number 8318, 15 Third Reading Calendar 2041. 16 ACTING PRESIDENT LITTLE: The 17 substitution is ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2041, by Member of the Assembly Abbate, 21 Assembly Print Number 11674, an act to amend 22 the Civil Service Law. 23 SENATOR SKELOS: Lay it aside for 24 the day, please. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 2042, by Senator Meier, Senate Print 8324, an 4 act to amend the Family Court Act and others. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 17. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 2043, by Senator Meier, Senate Print 8325 -- 17 SENATOR MEIER: Lay the bill 18 aside for the day, please. 19 ACTING PRESIDENT LITTLE: The 20 bill is laid aside for the day. 21 THE SECRETARY: Calendar Number 22 2044, by Senator Skelos, Senate Print 8330, an 23 act to amend the General Municipal Law. 24 SENATOR SKELOS: Lay it aside. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: Calendar Number 3 2045, by Senator Bonacic, Senate Print 8332, 4 an act authorizing. 5 ACTING PRESIDENT LITTLE: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 Senator Skelos, that completes the 17 noncontroversial reading of Supplemental 18 Calendar Number 60A. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 please recognize Senator Gonzalez. 22 ACTING PRESIDENT LITTLE: Senator 23 Gonzalez. 24 SENATOR GONZALEZ: Yes, Madam 25 President.

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(518) 371-8910 1 There will be an immediate meeting 2 of the Minority conference in Room 315. 3 ACTING PRESIDENT LITTLE: Thank 4 you. There is an immediate meeting of the 5 Minority conference in room 315. 6 Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 there will be an immediate meeting of the 9 Majority in the Majority Conference Room. 10 And we'll stand at ease. 11 ACTING PRESIDENT LITTLE: There 12 is an immediate meeting of the Majority 13 conference in the Majority Conference Room. 14 The Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 1:05 p.m.) 17 (Whereupon, the Senate reconvened 18 at 2:29 p.m.) 19 SENATOR SKELOS: Madam President. 20 ACTING PRESIDENT LITTLE: Senator 21 Skelos. 22 SENATOR SKELOS: If we could 23 return to Senate Supplemental Calendar 24 Number 60A, controversial. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 2033, by Senator Robach, Senate Print 8273, an 5 act to amend the Civil Service Law. 6 SENATOR SKELOS: Lay it aside for 7 the day. 8 ACTING PRESIDENT LITTLE: The 9 bill is laid aside for the day. 10 SENATOR SKELOS: Madam President, 11 if we could return to motions and resolutions, 12 please recognize Senator Marcellino. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Motions and resolutions. 16 Senator Marcellino. 17 SENATOR MARCELLINO: Thank you, 18 Madam President. 19 I wish to call up Senator Little's 20 bill, 3246A, recalled from the Assembly, which 21 is now at the desk. 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 1524, by Senator Little, Senate Print 3246A,

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(518) 371-8910 1 an act to amend the Public Officers Law. 2 SENATOR MARCELLINO: I now move 3 to reconsider the vote by which the bill was 4 passed. 5 ACTING PRESIDENT LITTLE: Call 6 the roll on reconsideration of the vote. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 SENATOR MARCELLINO: Madam 10 President, I now offer the following 11 amendments. 12 ACTING PRESIDENT LITTLE: The 13 amendments are received. 14 SENATOR MARCELLINO: Madam 15 President, on page number 10 I offer the 16 following amendments to Calendar Number 318, 17 Senate Print Number 2742, and ask that said 18 bill retain its place on the Third Reading 19 Calendar. 20 ACTING PRESIDENT LITTLE: The 21 amendments are received, and the bill will 22 retain its place on the Third Reading 23 Calendar. 24 SENATOR MARCELLINO: Thank you, 25 Madam President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Skelos. 3 SENATOR SKELOS: Are there any 4 substitutions at the desk? 5 ACTING PRESIDENT LITTLE: No, 6 there are not, Senator Skelos. 7 SENATOR SKELOS: Then if we could 8 please take up Calendar Number 2044, 9 controversial. 10 ACTING PRESIDENT LITTLE: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 2044, by Senator Skelos, Senate Print 8330, an 14 act to amend the General Municipal Law. 15 SENATOR SABINI: Explanation. 16 SENATOR LIZ KRUEGER: 17 Explanation. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Skelos, for an explanation. 21 SENATOR SKELOS: Thank you, Madam 22 President. 23 This bill authorizes 24 municipalities, upon approval of the local 25 governing body, to establish a program to

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(518) 371-8910 1 provide a rebate to a project occupant for a 2 portion of the real property taxes, to offset 3 the costs of certain necessary infrastructure 4 investments for an affordable housing or 5 economic development project. This could 6 include overhead, utilities, storm sewers, 7 storm drainage, sanitary sewers, water lines, 8 fiber optics, gas lines, you could go on and 9 on. 10 And it's really intended to promote 11 greater affordability in housing and economic 12 development opportunities such as high-tech 13 and biotech. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Krueger. 17 SENATOR LIZ KRUEGER: Thank you, 18 Madam President. If the sponsor would please 19 yield. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Skelos, do you yield? 23 SENATOR SKELOS: Yes. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR LIZ KRUEGER: Thank you. 2 In this bill, how do you define 3 affordable housing and economic development? 4 I didn't see a definition. 5 SENATOR SKELOS: It would be 6 based upon an understanding between the 7 developer and the local municipality. 8 SENATOR LIZ KRUEGER: Madam 9 President, if the sponsor would continue to 10 yield. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Skelos, do you continue to 14 yield? 15 SENATOR SKELOS: Yes, I do. 16 ACTING PRESIDENT LITTLE: The 17 Senator yields. 18 SENATOR LIZ KRUEGER: Thank you. 19 In the memo I believe you talk 20 about economic development and infrastructure. 21 This bill, I believe, is similar to a bill you 22 had earlier that was Bill Number 4707A that 23 was dated April 18. This bill seems to be 24 similar to that bill, but you remove it from 25 the structure of an IDA and make it just a

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(518) 371-8910 1 more open-ended through a local municipality. 2 Why the change in the bill, if I'm 3 correct at reading the two bills? 4 SENATOR SKELOS: You obviously 5 remember the bill better than I. 6 But this is appropriate, in my 7 opinion, to expand affordable housing and 8 certainly in high technology and biotechnology 9 there are huge expenses in terms of the 10 delivery of water and power, since they are 11 really -- electric power, since they are 12 high-utility-usage-type opportunities for job 13 creation. 14 SENATOR LIZ KRUEGER: Madam 15 President, if the sponsor would yield for an 16 additional question. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Skelos, do you continue to 20 yield? 21 He does. The Senator yields. 22 SENATOR LIZ KRUEGER: Thank you, 23 Madam President. 24 So again, in the older bill of 25 yours from April, you talk about it going

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(518) 371-8910 1 through the IDA. And while I personally have 2 had some concerns with IDAs, there are actual 3 sort of rules attached to PILOTS and tax 4 rebates and exemptions through IDAs. 5 And in this bill, while it also 6 would be tax rebates similar to PILOTs, 7 payments in lieu of taxes, am I correct in 8 understanding that this would be a relatively 9 open-ended whatever the municipality chose to 10 do for itself under its own definitions of how 11 it defined affordable housing, how it defined 12 an economic development opportunity? 13 So that to some degree, what this 14 bill does is say if a locality wants to go 15 into a deal on housing or economic development 16 and do payments in lieu of taxes up to a 17 hundred percent of cost, we're saying, the 18 State of New York, that's okay, you can do 19 that as an individual municipality? 20 SENATOR SKELOS: The answer is 21 yes. 22 SENATOR LIZ KRUEGER: The answer 23 is yes. Thank you for your answers. 24 Madam President, on the bill. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. Senator Krueger, on the bill. 2 SENATOR LIZ KRUEGER: Thank you. 3 I appreciate very much the 4 sponsor's answers to my questions. 5 And again, my final question to him 6 was, I believe, this sort of says, okay, the 7 state is going to get out of the business of 8 having any rules on how a municipality chooses 9 to go into economic development deals or 10 housing deals or anything else, it's fairly 11 open-ended, where they would be trading off 12 their tax revenue in exchange for some deal. 13 And again, a fairly broad and perhaps, one 14 might argue, overly expansive definition of 15 what those deals could be. 16 And part of me says, okay, if a 17 municipality or a locality wants to go down 18 that road for themselves, even if I think they 19 might not be making a very good deal from the 20 perspective of their community, why should I 21 in the State Legislature say no, I think the 22 state ought to oversee this? So part of me 23 says, okay, I could accept the Senator's bill, 24 allow localities to make all the rules 25 themselves.

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(518) 371-8910 1 The problem I have is that even 2 under the structures we already have in state 3 law with IDAs and other economic development 4 authorities or approvals, where we have built 5 in some mandates for standards, some mandates 6 for reporting back, and even some evaluative 7 tools by the State Comptroller's office to 8 look at these programs as they go forward and 9 to have reports on them, what we have found 10 over the last few years is that there's a lot 11 of problems out there. 12 And while you could say, well, you 13 create the program so you're stuck with the 14 problem at the local level, when a problem 15 occurs, when it wasn't a good deal for the 16 community, when it saps tax revenue from the 17 locality because of this kind of deal, it 18 actually ends up being not just the people of 19 that community but conceivably people in the 20 entire region who may end up paying for that. 21 It may be the State of New York who's asked to 22 come in and solve that problem that may have 23 happened. 24 And again, every time you make an 25 arrangement where you tell some entity, okay,

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(518) 371-8910 1 you don't have to pay your taxes, we'll make a 2 deal with you that you do something else 3 instead paying your taxes, you are by 4 definition -- thank you, Madam President. I 5 appreciate that -- you are by definition 6 losing tax revenue to that locality or that 7 municipality. 8 And so I think that under the 9 lessons we've been learning over the last few 10 years in New York State around some of the 11 audits that have taken place around IDAs and 12 other economic development authorities -- 13 PILOT deals, tax exemption deals -- that the 14 lesson for me is New York State ought to be a 15 little bit more careful with these 16 arrangements, that we ought to have standards 17 and rules in place, that we should recognize 18 that even when a locality wishes to do 19 something that they believe is in their best 20 local interest in a PILOT arrangement or an 21 economic development arrangement, that there's 22 a good reason to have the state having some 23 role for both oversight, for audit, and for 24 setting some rules. Almost, if you might, 25 think of it as technical assistance by state

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(518) 371-8910 1 government. 2 And so because of that, I will be 3 voting against the bill. Because I respect 4 Senator Skelos's desire to allow 5 municipalities to make all of these decisions 6 for themselves, but I worry about what the 7 outcome might be if somebody's not holding 8 some standards, some accountability, some 9 oversight. 10 And again, I think the state can 11 and should do a better job. I think that with 12 a rational approach to evaluating how we 13 handle economic development and IDA policy and 14 PILOT policy and STIF financing policy, that 15 we could assure that whatever projects Senator 16 Skelos might have in mind when he was working 17 on this bill, that we could accomplish those 18 goals but have some protections built in. 19 So again, I will vote no. Thank 20 you, Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Is there any other Senator wishing 24 to be heard on the bill? 25 The debate is closed.

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(518) 371-8910 1 The Secretary will ring the bell. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT LITTLE: The 9 Secretary will announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 2044, those recorded in the 12 negative: Senator Krueger. 13 Those Senators absent from voting: 14 Senators Connor, C. Kruger and Sampson. 15 Ayes, 57. Nays, 1. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 there will be a meeting of the Rules Committee 21 in five minutes, and the Senate will stand at 22 ease pending the report of the Rules 23 Committee. 24 ACTING PRESIDENT LITTLE: There 25 will be a meeting of the Rules Committee in

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(518) 371-8910 1 five minutes. 2 In the meantime, the Senate stands 3 at ease. 4 (Whereupon, the Senate stood at 5 ease at 2:46 p.m.) 6 (Whereupon, the Senate reconvened 7 at 3:24 p.m.) 8 ACTING PRESIDENT LITTLE: Senator 9 Skelos. 10 SENATOR SKELOS: Madam President, 11 if we could return to reports of standing 12 committees, I believe there's a Rules 13 Committee report at the desk. If we could 14 have it read at this time. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Reports of standing committees. 18 The Secretary will read. 19 THE SECRETARY: Senator Bruno, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 759, by Senator 23 Hannon, an act to amend the Tax Law; 24 4319A, by Senator Seward, an act to 25 amend the Insurance Law;

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(518) 371-8910 1 4547A, by Senator Leibell, an act 2 to amend the Not-For-Profit Corporation Law; 3 4930A, by Senator Maziarz, an act 4 to amend the Labor Law; 5 4950, by Senator Maziarz, an act to 6 amend the Workers' Compensation Law; 7 5107C, by Senator Farley, an act to 8 amend the Real Property Tax Law; 9 5136, by Senator Bonacic, an act to 10 amend the General Municipal Law; 11 6775B, by Senator Morahan, an act 12 to amend the Public Health Law; 13 6858, by Senator Leibell, an act to 14 amend the Education Law; 15 7026, by Senator Coppola, an act to 16 amend the Real Property Tax Law; 17 7616, by Senator Saland, an act to 18 amend the Education Law; 19 7675C, by Senator LaValle, an act 20 to amend the Education Law; 21 7730A, by Senator Volker, an act to 22 amend the Correction Law; 23 7760, by Senator Young, an act to 24 amend the General Municipal Law; 25 7827, by Senator Young, an act to

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(518) 371-8910 1 amend the Agriculture and Markets Law; 2 7857, by Senator Nozzolio, an act 3 to amend the Town Law; 4 8220A, by Senator Hannon, an act to 5 legalize; 6 8233A, by Senator Winner, an act to 7 authorize; 8 8340, by Senator Saland, an act to 9 amend the Education Law; 10 8351, by Senator Johnson, an act in 11 relation to transportation; 12 8358, by Senator Seward, an act to 13 amend the Insurance Law; 14 8367, by Senator Golden, an act to 15 amend the Administrative Code of the City of 16 New York; 17 8368, by Senator Nozzolio, an act 18 to amend the Executive Law; 19 8372, by Senator Little, an act to 20 amend the Town Law; 21 8380, by Senator Johnson, an act to 22 amend the Environmental Conservation Law; 23 8388, by Senator LaValle, an act to 24 amend the Education Law; 25 8391, by Senator Larkin, an act to

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(518) 371-8910 1 amend the Penal Law; 2 8392, by Senator Padavan, an act to 3 amend the Tax Law; 4 8406, by Senator Spano, an act to 5 authorize; 6 8410, by Senator Little, an act to 7 establish; 8 8416, by Senator Leibell, an act to 9 amend the Not-For-Profit Corporation Law; 10 And Senate Print 8424, by Senator 11 Flanagan, an act to amend the Public Health 12 Law. 13 All bills ordered direct to third 14 reading. 15 ACTING PRESIDENT LITTLE: Senator 16 Skelos. 17 SENATOR SKELOS: Move to accept 18 the report of the Rules Committee. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 All those in favor of accepting the 22 report of the Rules Committee signify by 23 saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE: Those

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(518) 371-8910 1 opposed. 2 (No response.) 3 ACTING PRESIDENT LITTLE: The 4 report is accepted. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 if we could return to reports of standing 8 committees, I believe there's a report of 9 Judiciary Committee at the desk. If we could 10 take it up at this time. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The Secretary will read. 14 THE SECRETARY: Senator 15 DeFrancisco, from the Committee on Judiciary, 16 reports the following nominations. 17 As a judge of Court of Claims, Mark 18 D. Cohen, of Stony Brook. 19 ACTING PRESIDENT LITTLE: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: Madam 22 President, I move the nomination of Mark D. 23 Cohen, of Stony Brook, as a judge of the Court 24 of Claims. 25 And to second the nomination, I'd

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(518) 371-8910 1 call on Senator Balboni. 2 ACTING PRESIDENT LITTLE: Senator 3 Balboni. 4 SENATOR BALBONI: Madam 5 President, this is the first of several judges 6 that Governor Pataki has sent to us. And I 7 have to tell you that I have been associated 8 with the Senate Judiciary Committee now going 9 on twenty years, and I can say that I have 10 never seen a better qualified group of jurists 11 and attorneys than what has come before the 12 committee today. Not to disparage any other 13 attorneys or judges who have been here before, 14 but this group is exceptional. And that's a 15 credit to Governor Pataki for sending this up. 16 This individual, Mark Cohen, is 17 truly one of the unsung heroes of our response 18 to terrorism. He is the chief counsel to the 19 Office of Homeland Security for the State of 20 New York. He has been instrumental in the 21 drafting and development of litigation as it 22 relates to all aspects of this. Whether it's 23 the Chemical Plant Security Act, whether it is 24 making sure that fertilizer is sold properly 25 in the State of New York so it can't be used

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(518) 371-8910 1 as a bomb, chemical, biological weapons, this 2 is the guy. 3 He also has a tremendous background 4 when it comes to the law. He is an author, he 5 is a teacher, he has worked in prosecutor's 6 offices. But he also has this love of the 7 law, love of the rule of law. And he's going 8 to make an excellent, excellent addition to 9 this bench. 10 Now, Madam President, I'm going to 11 rise on a number of occasions this afternoon 12 as we go through this list of jurists, because 13 many of them I consider close friends. And 14 Mark Cohen is no exception. I urge everyone 15 to support this nomination and again 16 congratulate Governor Pataki on his excellent 17 appointments. 18 Thank you. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator LaValle. 22 SENATOR LaVALLE: Madam 23 President, I rise to second this nomination 24 and congratulate Governor Pataki on the 25 nomination of Mark Cohen.

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(518) 371-8910 1 I've known Mark for many, many 2 years in different roles. And Senator Balboni 3 delineated some of those roles: He was the 4 assistant to the Suffolk County district 5 attorney for many, many years; his role in 6 Homeland Security, and Senator Balboni talked 7 about that; and also an adjunct professor at 8 the State University at Stony Brook. 9 And here you really have someone 10 who has been involved in many different 11 aspects of the law, mentoring students in 12 terms of education. And I think he will be a 13 wonderful jurist. And again, I commend the 14 Governor on this appointment. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Flanagan. 18 SENATOR FLANAGAN: Thank you, 19 Madam President. 20 To Mr. Cohen, one of my 21 constituents, congratulations. Very nice to 22 see you. 23 And his resume, absolutely 24 phenomenal. Everybody is completely on 25 target.

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(518) 371-8910 1 The thing that I have the most 2 respect for -- tremendous experience -- you 3 put up with Catterson for all these years. So 4 that alone should get you a seat on the Court 5 of Claims. But all the best and 6 congratulations, Mark. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 The question is on the nomination 10 of Judge Mark D. Cohen, of Stony Brook, as a 11 judge of the Court of Claims. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LITTLE: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LITTLE: Judge 18 Mark D. Cohen is hereby confirmed as a judge 19 of the Court of Claims. 20 He is accompanied today by his 21 wife, Jill, and his brother, Robert. 22 Congratulations, Judge Cohen. 23 (Applause.) 24 ACTING PRESIDENT LITTLE: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: As a judge of the 2 Court of Claims, Walter Brooks DeBow, of 3 Saratoga Springs. 4 ACTING PRESIDENT LITTLE: Senator 5 DeFrancisco. 6 SENATOR DeFRANCISCO: Yes, Madam 7 President. 8 Before we go on, I should state for 9 the record, since there's so many judges that 10 we're confirming -- I think 18 today -- that 11 each of them, their backgrounds have been 12 checked, their materials have been -- their 13 submissions have been reviewed thoroughly by 14 the Governor's office and also by the Senate, 15 and also they all unanimously were approved by 16 the Senate Judiciary Committee today and 17 recommended to the full Senate for a vote. 18 I also want to apologize for 19 everyone there. Things were a little bit 20 confusing, as they always are the last couple 21 of days in session. But hopefully the guests 22 that you brought with you were at least 23 treated to a good lunch at a nice restaurant. 24 But hopefully we'll make the rest 25 of the proceedings a lot more enjoyable than

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(518) 371-8910 1 the wait over the last couple of hours. 2 I move the nomination of Walter 3 Brooks DeBow, of Saratoga Springs, as a judge 4 of the Court of Claims. And I call on Senator 5 Farley to second the nomination. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Farley. 9 SENATOR FARLEY: Thank you very 10 much, Senator DeFrancisco. 11 It's with pleasure that I second 12 the nomination of Brooks DeBow, who has an 13 outstanding resume as a deputy counsel to the 14 Governor, who has worked very, very closely 15 with this house. 16 I also notice that he's a graduate 17 of the great State University of Albany, where 18 I taught for a number of years. Lot of great 19 people came out of there. And even more 20 important, he's a cousin to Frank Morrone, who 21 works with us so often and has recommended him 22 most highly. 23 Even though Senator Bruno, we share 24 the City of Saratoga Springs, I would bet that 25 Brooks is probably in Senator Bruno's part of

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(518) 371-8910 1 the city. But let me just say that I know 2 that the Senator would be here to offer your 3 nomination. 4 But this is a young man who is 5 eminently qualified and really has an 6 outstanding resume, and we're very fortunate 7 to have him on the judiciary. 8 And I wish you well, Brooks. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 The question is on the nomination 12 of Walter Brooks DeBow, of Saratoga Springs, 13 as a judge of the Court of Claims. All in 14 favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT LITTLE: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT LITTLE: Walter 20 Brooks DeBow, of Saratoga Springs, is now 21 hereby confirmed as a judge of the Court of 22 Claims. 23 He is accompanied today by his 24 fiancee, Andrea Kosier, and his parents, Tom 25 and Rosalinda DeBow.

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(518) 371-8910 1 Congratulations, Judge DeBow. 2 (Applause.) 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: As a judge of the 6 Court of Claims, James Hartford Ferreira, of 7 Delmar. 8 ACTING PRESIDENT LITTLE: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: Yes, I'd 11 move the nomination of James H. Ferreira, of 12 Delmar, as a Court of Claims judge. And I 13 request that you recognize Senator Breslin to 14 second the nomination. 15 ACTING PRESIDENT LITTLE: Senator 16 Breslin. 17 SENATOR BRESLIN: Thank you, 18 Madam President. 19 This will be the first of the 20 "Delmar Four." There will be four judges 21 today that will come before this court. And 22 James Ferreira has a background rich in 23 private practice, rich in administrative 24 practice at the highest levels of state 25 government.

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(518) 371-8910 1 Again, as I said in the Judiciary 2 Committee, it's a compliment to the Governor 3 that each of these Delmar Four have such 4 outstanding credentials. And I'm happy to 5 second the nomination. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Thank you, 10 Madam President, on the nomination. 11 It's with mixed emotions that I 12 rise to support this nomination, mixed 13 emotions in the sense that the nominee, an 14 excellent attorney, one who has been a great 15 public servant, one who I've known for well 16 over 20 years, is certainly the judiciary's 17 gain, the environmental legal community's 18 loss. 19 That Jim has been just a wonderful 20 attorney through the years. I got to know him 21 when he was laboring in the New York State 22 Assembly. His connection to the Legislature 23 is significant. Credentialed throughout. One 24 of the preeminent environmental lawyers in the 25 nation.

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(518) 371-8910 1 And that I'm certainly pleased with 2 his success. And that I know my former 3 colleagues in the Assembly, particularly Bill 4 Paxon and Dick Wesley, are extremely happy 5 with this nomination. That we look to see him 6 be a star on the judiciary. 7 That I think it's an outstanding 8 appointment, and I'm honored to support it. 9 Sorry to see him leave the state's executive 10 service, but I know he'll do well in this new 11 capacity. 12 Madam President, I certainly 13 support this great nomination. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Nozzolio. 16 Senator Malcolm Smith. 17 SENATOR MALCOLM SMITH: Thank you 18 very much, Madam President. 19 I also rise to second the 20 nomination. I had the opportunity to know 21 Judge Ferreira -- I'm going to call him 22 "Judge" now, because he deserves that 23 distinction -- while he was at DEC. And I 24 know Commissioner Sheehan will also bear out 25 the fact that he had been a tremendous

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(518) 371-8910 1 attorney there. Senator Nozzolio talked about 2 it as well the environmental community will 3 miss him. 4 I'm sure he will be a tremendous 5 addition to the bench. All that he has done 6 has always been with quick dispatch, fairness, 7 and he has a brilliant mind when it comes to 8 analytic things that have to be addressed. 9 It gives me great pleasure, and I 10 tell the Governor he has selected a tremendous 11 individual in the person of James Ferreira. 12 He is going to be an excellent Court of Claims 13 judge, and I look forward to seeing him on 14 that bench. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Hannon. 18 SENATOR HANNON: Yes, Madam 19 President, I just want to offer my support 20 also, and note that in addition to the branch 21 of the infamous Assemblymen led by Senator 22 Nozzolio that there were others in the 23 Assembly who benefited by to-be-Judge 24 Ferreira's legal counsel and have watched him 25 over the years develop and become better and

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(518) 371-8910 1 better as a lawyer and know that he'll be a 2 great judge. 3 So I add my congratulations to 4 those expressed by Senator Nozzolio. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 The question is on the nomination 8 of James Hartford Ferreira, of Delmar, as a 9 judge of the Court of Claims. All those in 10 favor signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT LITTLE: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT LITTLE: Judge 16 James Hartford Ferreira is hereby confirmed as 17 a judge of the Court of Claims. 18 He's accompanied today by his wife, 19 Abbey; his children, Madeline and Kate; his 20 sister and brother-in-law, Marti McHugh and 21 Patrick McHugh; Commissioner Denise Sheehan, 22 of the DEC; and Chairman Bill Flynn, of the 23 Public Service Commission. 24 Congratulations, Judge Ferreira. 25 (Applause.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Secretary will read. 3 THE SECRETARY: As a judge of the 4 Court of Claims, Christopher J. McCarthy, of 5 Delmar. 6 ACTING PRESIDENT LITTLE: Senator 7 DeFrancisco. 8 SENATOR DeFRANCISCO: Madam 9 President, I move the nomination of 10 Christopher J. McCarthy and request that you 11 recognize Senator Farley to second the 12 nomination. 13 ACTING PRESIDENT LITTLE: Senator 14 Farley. 15 SENATOR FARLEY: Out of deference 16 to Senator Breslin, who has four Delmar 17 people, I've known Christopher McCarthy -- I 18 know his mother and his late father. And he 19 called me, and he's so thrilled -- his mother 20 is so thrilled that he's finally making good. 21 Chris McCarthy has handled all the 22 banking stuff for the Governor. And it's 23 rather arcane and difficult, and he's done an 24 outstanding job. He's a wonderful lawyer and 25 somebody that really has the temperament to be

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(518) 371-8910 1 a great judge. 2 Christopher, we're very proud of 3 you and we're very, very pleased to support 4 you. I know that Senator Breslin is going to 5 say something nice about you, and also Senator 6 Seward is going to speak on your behalf. 7 So I wish you all the best, Chris. 8 ACTING PRESIDENT LITTLE: Senator 9 Skelos. 10 SENATOR SKELOS: Madam President, 11 I would yield to -- I believe he's your 12 constituent, Senator Breslin. And then I 13 would speak after Senator Breslin. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Breslin. 17 SENATOR BRESLIN: Thank you, 18 Senator Skelos. And thank you, Madam 19 President. 20 It's indeed a pleasure for me to 21 stand here to second the nomination of Chris 22 McCarthy. I've interacted with Chris for the 23 last six or seven years on insurance issues. 24 As many of you know, Chris is a magna cum 25 laude graduate of Harvard and went on to get

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(518) 371-8910 1 his master's at Harvard and went on to 2 Columbia Law School. 3 But more importantly, Chris has the 4 skills, the temperament, the decency to be a 5 judge, and he puts them all together. Each 6 and every time that I have dealt with Chris 7 McCarthy, he has not only been intellectually 8 honest, he has that special quality to 9 interact with others to reach a consensus. 10 And I'm proud to call him my 11 friend, and I'm proud to second him for the 12 Court of Claims. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 I rise to support the nomination of Chris 18 McCarthy. I said to him earlier today, during 19 the Judiciary Committee meeting, that your dad 20 would be very proud of you. 21 Those of us who have been around 22 here a number of years may remember his dad, 23 Tim McCarthy. And probably one of the most 24 enjoyable times that we would have is, number 25 one, listening to your dad's stories, because

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(518) 371-8910 1 he was a wealth of knowledge. I know how much 2 he loved traveling to Ireland. 3 But also, for those of you who 4 remember the 21 Club, we would sit there and 5 Tim would entertain for us at the piano, 6 singing these wonderful songs. And there was 7 just a tremendous sense of camaraderie between 8 both houses and people of both parties. And 9 that's something that, quite frankly, I miss 10 personally. 11 But again, as I said, it's not 12 about the 21 Club, it's about saying you're 13 qualified for this job, we're proud of you. 14 And again, your dad is looking down and 15 saying: Chris, I love you, and we're proud of 16 you. 17 ACTING PRESIDENT LITTLE: Senator 18 Seward. 19 SENATOR SEWARD: Yes, Madam 20 President. I consider it a real honor and 21 pleasure to stand to support the nomination of 22 Chris McCarthy to be a judge of the Court of 23 Claims. 24 As I believe Senator Breslin has 25 pointed out, one of Chris McCarthy's areas of

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(518) 371-8910 1 responsibility on the second floor has been 2 the area of insurance issues. And in that 3 capacity, Chris and I have been together not 4 only in meetings but in many public forums, 5 we've been on panels together discussing 6 insurance issues. 7 And I have always, in whatever the 8 setting -- private, public, over the phone -- 9 always found Chris McCarthy, number one, to be 10 a person of great intellectual ability, 11 command of the issues, and, secondly, a real 12 gentleman. He certainly will bring to the 13 bench a real judicial temperament and 14 outstanding ability. 15 So, Madam President, I'm pleased to 16 rise to support this nomination and in so 17 doing to wish Chris McCarthy all the best as a 18 judge of the Court of Claims. I know he will 19 do his family proud and do this body proud, as 20 well as the people of the State of New York. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Balboni. 24 SENATOR BALBONI: Madam 25 President, I rise because I just want to point

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(518) 371-8910 1 something out that Chris McCarthy exemplifies 2 but that is a trait and characteristic of all 3 the nominees today. 4 Chris went to Garden City High 5 School, which is the same place I went, but 6 then he did a little bit better. He went to 7 Harvard, he went to Columbia, he worked for 8 Brown & Wood, a very prestigious firm in 9 Manhattan, and then he became counsel to the 10 Governor. And worked for -- and did all the 11 banking stuff and worked for the banking 12 superintendent. 13 This guy could make a ton of money 14 doing something else, but he's decided that he 15 wants to give to the public. And he believes 16 in public service. And that's always an 17 amazing thing to understand, that someone is 18 not driven by money but rather by service to 19 others. 20 Thank you, Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Hannon. 24 SENATOR HANNON: I rise in 25 support of Mr. McCarthy's nomination.

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(518) 371-8910 1 Representing his hometown, watching 2 him grow up, watching him develop into a 3 stellar lawyer has been quite enjoyable, and I 4 know that he is going to make an exemplary 5 judge. 6 Continue to give the wisdom to the 7 matters before you that you have to the 8 legislation and the matters you've had in the 9 past, and we'll all be the better. 10 And thank you, Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The question is on the nomination 14 of Christopher J. McCarthy, of Delmar, as a 15 judge of the Court of Claims. All those in 16 favor signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT LITTLE: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT LITTLE: 22 Christopher J. McCarthy, of Delmar, is hereby 23 confirmed as a judge of the Court of Claims. 24 He is accompanied today by his 25 wife, Katherine; his son, Cormac; and his

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(518) 371-8910 1 mother-in-law, Diane Leary. 2 Congratulations, Judge McCarthy. 3 (Applause.) 4 ACTING PRESIDENT LITTLE: The 5 Secretary will read. 6 THE SECRETARY: As a judge of the 7 Court of Claims, Roger D. McDonough, of 8 Delmar. 9 ACTING PRESIDENT LITTLE: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Yes, I rise 12 to move the nomination of Roger McDonough for 13 the Court of Claims, and I'll request that you 14 again call on Senator Breslin for a second. 15 ACTING PRESIDENT LITTLE: Senator 16 Breslin. 17 SENATOR BRESLIN: Thank you, 18 Madam President. 19 The third person of the Delmar 20 Four, Roger McDonough, who's really been a 21 career prosecutor and would hold himself out 22 as a career prosecutor. You can tell the way 23 he lit up when he was talking about cases he's 24 tried. 25 And he mentioned to me yesterday

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(518) 371-8910 1 that I should check with my brother Tom, who's 2 the County Court judge in Albany. And indeed 3 I did. In fact, my brother Tom called me 4 before I could call him. And he said, "This 5 is the kind of person we need on the bench. 6 This is the kind of person who knows the law 7 in and out but has the ethics to apply it 8 properly." 9 And I'm proud to second the 10 nomination of Roger McDonough for the Court of 11 Claims. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Balboni. 15 SENATOR BALBONI: Madam 16 President, on this nominee I believe what we 17 have is an example of the quality and the 18 class of person that Governor Pataki 19 surrounded himself when involving major issues 20 like criminal justice. 21 I got a chance to negotiate hours 22 and hours with this candidate. Roger is one 23 of the most tenacious, most passionate people 24 about criminal law, about homeland security 25 issues we did together.

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(518) 371-8910 1 But he is most importantly, and 2 firstly, a family man. He's got a gaggle of 3 kids, and he loves them desperately. He's got 4 this great view of life. And again, this is 5 the type of person we want on our bench to 6 make sure that just justice is done in the 7 proper manner. 8 I support the nominee 9 wholeheartedly. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Malcolm Smith. 13 SENATOR MALCOLM SMITH: Yes, 14 thank you, Madam President. I also rise to 15 support the nominee. 16 And you heard his background, which 17 was one of excellence. But as Senator Balboni 18 said, unbeknownst to Judge McDonough I 19 happened to be walking through the Capitol -- 20 and as you know, to become a judge, there's a 21 lot of moving parts. You've got a lot of 22 cases you have to be able to handle, and you 23 have to be able to do a lot at one time. 24 Well, I had the ability to witness 25 him managing all of his children at the same

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(518) 371-8910 1 time in the Capitol. And anybody that can 2 talk to one, hold another, hold one other, and 3 continue to keep the other three in place 4 deserves to be a judge, and clearly he can 5 handle his business. 6 And I also want to thank the 7 Governor for making such a fine recommendation 8 in Roger McDonough. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Volker. 12 SENATOR VOLKER: Madam President, 13 earlier today I saw Roger McDonough and I said 14 the reason that he's leaving, I think, is 15 because we finished a bunch of criminal 16 justice things last night, and I figure he 17 thinks there's nothing more for him to do. 18 And let me just say, Roger is one 19 of the brightest and finest counsels that the 20 Governor has had. 21 And although I didn't speak on 22 Chris McCarthy, I knew his father, Tim, very, 23 very well, and he's a great choice. 24 In fact, as I was looking at the 25 numbers of people who the Governor -- his

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(518) 371-8910 1 counsels, it's pretty obvious to me he doesn't 2 expect to get sued. Because if he does, he's 3 going to have a problem because all his really 4 great lawyers are going to the bench. 5 But in all seriousness, Roger will 6 make a great Court of Claims judge, as will 7 Chris McCarthy. And, let me also say, as Mark 8 Cohen will also. Mark Cohen has worked 9 closely with me, with Homeland Security, and 10 with Mike. 11 I have to admit to you one thing. 12 In all the years that I've been here, through, 13 I think, five governors, I don't know if I've 14 ever seen a better, brighter, more competent 15 group of judges than we reviewed this morning. 16 And we really sort of can't give it 17 justice, because there isn't the time, in a 18 way, to speak as much as we probably should. 19 But the Governor really should be commended 20 for the group, and particularly -- and I don't 21 want to diminish you, Roger, because you've 22 been really important to the criminal justice 23 system in this state. In my opinion, George 24 Pataki has been without question the best 25 criminal justice governor in my time. And

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(518) 371-8910 1 that time goes back to Governor Dewey, because 2 my father was here 22 years before me. 3 So congratulations, Roger. 4 Congratulations, Chris. And good luck to all 5 of you. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 The question is on the nomination 9 of Roger D. McDonough, of Delmar, as a judge 10 of the Court of Claims. 11 All those in favor signify by 12 saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LITTLE: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LITTLE: Roger 18 D. McDonough, of Delmar, is hereby confirmed 19 as a judge of the Court of Claims. 20 He's accompanied today by his wife, 21 Florence, and his lovely family of six 22 children: Fitzhugh, Mary Kate, Abigail, 23 Frances, Dermot, and Edward. 24 Congratulations, Judge McDonough. 25 (Applause.)

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Secretary will read. 3 THE SECRETARY: As a judge of the 4 Court of Claims, Frank P. Milano, of Delmar. 5 ACTING PRESIDENT LITTLE: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: Yes. 8 Before I move the nomination, I just want to 9 make an announcement that the Governor's 10 counsel office is accepting resumes from 11 bright attorneys -- 12 (Laughter.) 13 SENATOR DeFRANCISCO: -- in order 14 to get through the end of the year. 15 I'd now like to move the nomination 16 of Frank P. Milano, of Delmar, as a judge of 17 the Court of Claims. And again, if you're not 18 too tired, Senator Breslin, to second. 19 ACTING PRESIDENT LITTLE: Senator 20 Breslin. 21 SENATOR BRESLIN: Thank you, 22 Senator DeFrancisco. And thank you, Madam 23 President. 24 This is the fourth of the Delmar 25 Four. And I think, before I talk, to allay

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(518) 371-8910 1 any possible fears, I should state to the 2 entire body that I continue to be a Democrat, 3 I continue to support Democratic candidates. 4 But there are exceptions to that, and the 5 exceptions to that are quality. And the 6 Delmar Four have exhibited that. 7 And with Frank Milano, we have 8 someone who served as a counsel in the 9 Assembly and served as a counsel in the 10 Senate, went to the Secretary of State's 11 office as counsel and became chief deputy. 12 And added on to that, some five years ago, 13 Frank, who's at my doorstep giving out Milano 14 cookies, has served on the bench for five 15 years. 16 And during that time, he's 17 exhibited the kind of temperament, the kind of 18 intelligence that we want as a judge. And I 19 think with his entire background, that's 20 easily translated into quality performance at 21 the Court of Claims. 22 And I'm delighted to second my 23 friend Frank Milano to the Court of Claims, 24 completing this record crowd for the Delmar 25 Four.

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(518) 371-8910 1 Congratulations, Frank. 2 ACTING PRESIDENT LITTLE: Senator 3 Skelos. 4 SENATOR SKELOS: Madam President, 5 I rise in support of the nomination of Frank 6 Milano. 7 I rise because I've had the 8 opportunity to know Frank for probably 20 9 years, a friend to my wife Gail and myself. 10 And it's just nice to get up and look at a 11 judicial nominee who is obviously qualified to 12 be a judge but also just a nice guy. And this 13 is just an example of how competent, nice guys 14 can get ahead. 15 So, Frank, I salute you -- I don't 16 see -- there you are. Congratulations, Frank. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 The question is on the nomination 20 of Frank P. Milano, of Delmar, as a judge of 21 the Court of Claims. 22 All in favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT LITTLE: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT LITTLE: Frank 3 P. Milano, of Delmar, is hereby confirmed as a 4 judge of the Court of Claims. 5 He is accompanied today by his 6 wife, Ruth; his daughter, Caroline; his 7 parents, Frank and Millie Milano; and his 8 mother-in-law, Wilma Sheffer. 9 Congratulations, Judge Milano. 10 (Applause.) 11 ACTING PRESIDENT LITTLE: The 12 Secretary will read. 13 THE SECRETARY: As a judge of the 14 Court of Claims, William Boller, of Elma. 15 ACTING PRESIDENT LITTLE: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: Yes, I rise 18 to move the nomination of William Boller for 19 the Court of Claims of the State of New York, 20 and I request that you call on Senator Volker 21 for a second. 22 ACTING PRESIDENT LITTLE: Senator 23 Volker. 24 SENATOR VOLKER: Madam President, 25 I've known Bill Boller since -- a long time,

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(518) 371-8910 1 since he was little, let's say. In fact, he 2 said something at the Judiciary Committee that 3 kind of shook me, because he claimed that I 4 was one of the reasons he became a lawyer. 5 I find that really -- I feel proud 6 of that if I had anything to do with him 7 becoming a lawyer. 8 His family is one of the oldest and 9 most important families in Western New York. 10 He's from the town of Elma, which is one of my 11 towns. But more than that, he has been an 12 excellent, excellent lawyer, a good friend, 13 and a person who you could rely on for advice. 14 He's been a justice of the peace; 15 that is, a local J.P. And I happen to know 16 that one of the regrets is that he will no 17 longer be a J.P. in Elma, but that's the way 18 it is. Because he's been one of the best. 19 When people want advice as to what to do in 20 justice court, they look to somebody like Bill 21 Boller. 22 So my congratulations to Bill. 23 He's of the highest caliber. His wife, Ann, 24 is a wonderful person. And his mother, Edith, 25 is here, and I know his father is here in

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(518) 371-8910 1 spirit also. 2 I just want to say that it's hard 3 for me to think of a better person to be a 4 judge of the Court of Claims than Bill Boller. 5 And my good friend Tom Reynolds, 6 Congressman Tom Reynolds, also wanted to give 7 to you his congratulations and good wishes. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Rath. 11 SENATOR RATH: Thank you, Madam 12 President. 13 I rise to also second the 14 nomination of Justice Boller today, 15 congratulating the Governor, of course, for 16 wisdom of his choices, so many wise and 17 judicial men and women who are in our gallery 18 today that are being confirmed. 19 And I would like to say about Bill 20 Boller, we all started out many, many years 21 ago. And I heard Senator Breslin clearly say 22 that the exceptions to political lines, or 23 probably even political comments, have to do 24 with the quality of the person that's being 25 nominated and being confirmed. And with Bill

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(518) 371-8910 1 Boller, we started out many, many years ago 2 laboring in the vineyards of the Republican 3 Party in Erie County. 4 Elected official, appointed 5 positions, Bill has always been there, whether 6 he has -- from those early, early days, on 7 into his judicial career as a J.P., into the 8 civic and community organizations, Bill was 9 always there. 10 He will always be there for the 11 people that he serves in the State of New York 12 and in the County of Erie and in the judicial 13 district. 14 So congratulations, Judge Boller. 15 ACTING PRESIDENT LITTLE: Senator 16 Stachowski. 17 SENATOR STACHOWSKI: Yes, Madam 18 President. I too rise to second the 19 nomination of Bill Boller. 20 I represented Elma for ten years 21 and managed never to have to appear before him 22 for anything when I traveled in and out of the 23 town, so I'm happy for that. 24 But my brother, who's a lawyer, 25 always gives me the update on all the Western

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(518) 371-8910 1 New York people, and he couldn't say enough 2 nice things about Bill Boller. 3 And I happen to know Bill not as a 4 judge, but as a friend, and I'm very glad to 5 have the opportunity to rise to second the 6 nomination of somebody who brings his quality, 7 his personality, and his judgment to the 8 bench. And I think he'll be an outstanding 9 judge. 10 Thank you. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The question is on the nomination 14 of William Boller, of Elma, as a judge of the 15 Court of Claims. All those in favor signify 16 by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT LITTLE: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT LITTLE: William 22 Boller, of Elma, is hereby confirmed as a 23 judge of the Court of Claims. 24 Judge Boller is accompanied today 25 by his wife, Ann, and his mother, Edith.

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(518) 371-8910 1 Congratulations, Judge Boller. 2 (Applause.) 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: As a judge of the 6 Court of Claims, John Michalski, of 7 Williamsville. 8 ACTING PRESIDENT LITTLE: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I rise to 11 move the nomination of John Michalski for a 12 judgeship in the Court of Claims, and I 13 request that you call on Senator Rath to 14 second the nomination. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Rath. 18 SENATOR RATH: Thank you, Madam 19 President. 20 This particular nominee is a little 21 closer to home. He's one of my constituents, 22 actually, the town of Amherst, and has been 23 serving since 2000 as a prosecutor in the town 24 of Amherst. 25 His "Who's Who" bio of community

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(518) 371-8910 1 organizations is something to be very proud 2 of. And I know John Michalski as a person who 3 is -- I can't say all things to all people, 4 but I would say that John has been everything 5 he could be to everyone that he worked with 6 over the last number of years. 7 His work ethic is beyond belief, 8 not to be ever questioned. And having been 9 married to a judge for a number of years -- 10 well, married for a lot of years, but he was a 11 judge for 17 years -- I understand what judges 12 look for in other judges as work ethic goes. 13 And John Michalski will be there in a major 14 category. 15 He's the kind of person who rolls 16 up his sleeves, gets the job done, and is 17 there until the bitter end, and is the kind of 18 person that it was once said you can 19 characterize someone that you want if you're 20 going to be in a foxhole and you're going to 21 have to shoot your way out, you want that 22 person there with you. 23 I would be there with John 24 Michalski in a foxhole, and he would shoot his 25 way out. And the justice system in the State

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(518) 371-8910 1 of New York will have a judge who will be 2 there, fighting for justice day in and day 3 out, for a long time. 4 Congratulations, Judge Michalski. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Maziarz. 8 SENATOR MAZIARZ: Thank you very 9 much, Madam President. 10 First, before I talk about John 11 Michalski, I do want to congratulate Bill 12 Boller. I was out of the chambers at a 13 meeting when his nomination went through. And 14 he's a great judge. 15 And I have to say, Madam President, 16 that today, if I were an attorney, I think I'd 17 want to live in Delmar. And I don't know even 18 where Delmar is, but there must be something 19 in the water there, because they're making a 20 lot of judges from Delmar today. 21 But I rise, Madam President, to 22 second the nomination of my friend John 23 Michalski, of Williamsville. John, I've known 24 him for a number of years in the legal 25 community, and he, again, along with Bill

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(518) 371-8910 1 Boller, has done an excellent job for the 2 people of Erie County, for the people of 3 Western New York. They're going to be very 4 good Court of Claims justices. They're going 5 to be fair, and you can't ask for any more 6 from a judge than that. 7 So, Madam President, I second this 8 nomination. 9 Thank you. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Volker. 13 SENATOR VOLKER: Madam President, 14 I first of all want to say that if I was going 15 to be in a foxhole, I certainly would rather 16 be there with Mary Lou Rath and John 17 Michalski. 18 But anyways, John Michalski is an 19 excellent lawyer. He was a tough prosecutor 20 and a good guy. And all I can say is I know 21 he's going to make an excellent Court of 22 Claims judge. 23 And I wish him the very best, and 24 to his wife and family also, and good luck. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Stachowski. 2 SENATOR STACHOWSKI: Yes, Madam 3 President, I too would like to second the 4 nomination of John Michalski. 5 Again, relying on my legal expert, 6 my brother, he also said wonderful things 7 about John Michalski. I don't know if he just 8 wants to get in everybody's good graces or if 9 he actually meant these things. 10 But based on that and then other 11 things I've heard about John, and seeing him 12 active and about town, and also knowing that 13 he's a big Bills fan, how could I not get up 14 and support him. 15 I congratulate John and 16 congratulate the Governor on another fine 17 appointment. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 The question is on the nomination 21 of John Michalski, of Williamsville, as a 22 judge of the Court of Claims. All those in 23 favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT LITTLE: John 4 Michalski, of Williamsville, is hereby 5 confirmed as a judge of the Court of Claims. 6 He is accompanied today by his 7 wife, Susan. 8 Congratulations, Judge Michalski. 9 (Applause.) 10 ACTING PRESIDENT LITTLE: The 11 Secretary will read. 12 THE SECRETARY: As a judge of the 13 Court of Claims, Robert A. Neary, of Pound 14 Ridge. 15 ACTING PRESIDENT LITTLE: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: I move the 18 nomination of Robert Neary for the Court of 19 Claims. 20 I'd just like to mention one thing 21 before I ask you to recognize someone for a 22 second. 23 You know, of all the confirmations 24 that I've seen in the 14 years in the Senate, 25 I don't think there's anybody more qualified

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(518) 371-8910 1 for a criminal part of the Court of Claims 2 than Robert Neary. And I'm pleased that the 3 Governor was able to make this nomination to 4 allow him to continue to serve as a judge of a 5 criminal court in this state. 6 I'd request that you recognize 7 Senator Leibell for a second. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Leibell. 11 SENATOR LEIBELL: Thank you, 12 Madam President. And I think the chairman 13 stole my comments. 14 I've known Bob Neary for over 30 15 years. And as was noted, he has a most 16 incredible record. I knew Bob because he was 17 in the Westchester DA's office at the same 18 time I was there, and staying for a very 19 illustrious career. He literally tried 20 hundreds of the most serious cases in that 21 large county. 22 So with that distinguished career, 23 all his qualifications as were noted -- he has 24 a wonderful family, he has been a tremendous 25 public servant, not only to the people of

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(518) 371-8910 1 Westchester County but to all the people of 2 the State of New York -- I think this is 3 certainly a great and most deserved 4 nomination, and I'm very pleased to rise in 5 support. 6 ACTING PRESIDENT LITTLE: Senator 7 Stachowski. 8 SENATOR STACHOWSKI: Madam 9 President, I too rise to support the 10 nomination of Bob Neary. 11 I know that some of you are 12 wondering -- you might remember -- why would I 13 get up about a guy from Westchester. But when 14 I was at Holy Cross and I first started 15 playing football, Bob Neary was the captain of 16 the football team. 17 And his hard work and leadership 18 qualities, they're something that once you 19 were exposed to them, you always remember it. 20 I think Bob Neary will be just an 21 unbelievably good judge of the Court of 22 Claims. And through the times that he's been 23 up here, Vinnie Leibell has told me the great 24 job he did as a prosecutor in Westchester 25 County. So I know that his legal background

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(518) 371-8910 1 is as strong if not better than his background 2 that I know him from, the football fields at 3 Holy Cross and all the places we had the 4 opportunity to play. 5 So I would be remiss if I didn't 6 get up to second the nomination of a long-time 7 friend. And actually, I know him longer than 8 Vinnie Leibell does, but I'm not going to say 9 from what year. 10 And I'm just tickled to 11 congratulate the Governor on his appointment 12 and to congratulate Bob on becoming a judge of 13 the Court of Claims. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The question is on the confirmation 17 of Robert A. Neary, of Pound Ridge, as a judge 18 of the Court of Claims. All those in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT LITTLE: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT LITTLE: Robert 25 A. Neary, of Pound Ridge, is hereby confirmed

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(518) 371-8910 1 as a judge of the Court of Claims. 2 He's accompanied today by his wife, 3 Keary, and son, Brendan. 4 Congratulations, Judge Neary. 5 (Applause.) 6 ACTING PRESIDENT LITTLE: The 7 Secretary will read. 8 THE SECRETARY: As a judge of the 9 Court of Claims, Catherine Anne Cage Schaewe, 10 of Vestal. 11 ACTING PRESIDENT LITTLE: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: I move the 14 nomination of Catherine Anne Schaewe for the 15 position of judge of the Court of Claims, and 16 I'd request that you call on Senator Libous to 17 second the nomination. 18 ACTING PRESIDENT LITTLE: Senator 19 Libous. 20 SENATOR LIBOUS: Thank you, Madam 21 President. And thank you, Senator 22 DeFrancisco. 23 I rise to second this nomination. 24 And as my colleagues have said earlier, this 25 is an outstanding group that the Governor has

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(518) 371-8910 1 put before us. And Catherine Schaewe is one 2 of those outstanding members. 3 She certainly has a tremendous 4 background, not only if you look at her work 5 in the public sector, in working with the 6 Binghamton City Council, zoning boards, 7 housing and development, but also in the 8 private sector. She's extremely well versed 9 in understanding of a number of issues. She 10 has served as well as an elections 11 commissioner in Broome County, and I will miss 12 her in that capacity. 13 But she brings to this position a 14 great temperament, one of compassion, one of 15 being very stern when she needs to be. And I 16 think she has all of the great qualifications 17 for this position. 18 But most of all, Madam President, 19 what I'm going to miss is her personal counsel 20 on a number of issues. And while Cathy and I 21 are good personal friends and we spend time on 22 a number of issues, I will miss those few 23 times that she has looked me in the eye when I 24 get somewhat emotional about issues and says 25 to me: "Senator, I wouldn't advise that."

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(518) 371-8910 1 And I certainly will miss that. 2 And certainly the Governor has put 3 before us a great nominee. She will serve us 4 all well. And I am very pleased and honored 5 to second this nomination. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 The question is on the nomination 9 of Catherine Anne Cage Schaewe, of Vestal, as 10 a judge of the Court of Claims. All in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT LITTLE: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT LITTLE: 17 Catherine Anne Cage Schaewe, of Vestal, is 18 hereby confirmed as a judge of the Court of 19 Claims. 20 Congratulations, Judge Schaewe. 21 (Applause.) 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read. 24 THE SECRETARY: As a judge of the 25 Court of Claims, Denise L. Sher, of Hewlett

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(518) 371-8910 1 Harbor. 2 ACTING PRESIDENT LITTLE: Senator 3 DeFrancisco. 4 SENATOR DeFRANCISCO: I move the 5 nomination of Denise Sher for a position on 6 the Court of Claims. And I would request that 7 you would please recognize Senator Skelos to 8 second the nomination. 9 ACTING PRESIDENT LITTLE: Senator 10 Skelos. 11 SENATOR SKELOS: Thank you, Madam 12 President. 13 Denise, we're there. And I know 14 how good you feel. And I know your husband, 15 Robert, who's here. You've earned this. 16 Denise has been a great attorney. 17 The family, Robert and her, very generous to 18 the community. There's not a civic 19 organization that they're not involved with. 20 Willing to contribute to charities and also 21 lick envelopes for charities. And I think 22 that's what makes Denise very, very special. 23 You know, obviously qualified as an 24 attorney, presiding judge of the District 25 Court in Nassau County, where she was elected.

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(518) 371-8910 1 But I think, with qualifications, I think it's 2 very important with our judges that we look at 3 personal qualities. And as Tom, Senator 4 Libous mentioned, the temperament that's 5 necessary, the patience that's necessary 6 sometimes, and the fact that making those who 7 have to appear before you feel that they have 8 received justice, whether they win or lose. 9 And I'm very confident that 10 Judge Sher will be that type of member of the 11 Court of Claims, because certainly as 12 presiding judge of the District Court and as a 13 district court judge she's demonstrated that 14 on a daily basis. 15 So, Denise, to you and to Robert I 16 say congratulations. And I know that you are 17 going to be a great judge of the Court of 18 Claims. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Thank you, 23 Madam President. I just want to stand and 24 echo the sentiments of Senator Skelos. 25 To know this woman is to love her.

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(518) 371-8910 1 You know, she is a true professional. She's a 2 superb jurist. But I think what I like about 3 her the best is her qualities of caring for 4 individuals. I am proud to call her my 5 friend, and she will do an outstanding job on 6 the court representing the state. 7 I wish you the best. But I'll say 8 what Senator Skelos says: You are here, 9 you're finally here. Congratulations, and 10 best of luck. 11 ACTING PRESIDENT LITTLE: Senator 12 Marcellino. 13 SENATOR MARCELLINO: Thank you, 14 Madam President. 15 It's a pleasure to rise and second 16 the nomination of Denise Sher. I've known 17 Denise for a number of years, and I agree with 18 my prior two colleagues who have already 19 spoken. She's everything they say she is. 20 But probably the best thing I can 21 say is that she is a darn fine person. And I 22 am so pleased and so glad that she will be 23 sitting on the bench, because I know quality 24 justice will be served. 25 God bless, Denise.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Balboni. 3 SENATOR BALBONI: Madam 4 President, I have had the opportunity to see 5 this judge on the bench. And the one thing I 6 can tell you is that she has respect for 7 everybody, and that's one of the things that I 8 hope all the judges will keep in mind as they 9 go on with their careers. 10 You may disagree, you may have to 11 rule against somebody, you may have to be 12 stern with somebody. But respect is, really, 13 the lowest common denominator that anybody who 14 enters the courtroom can expect. And Denise 15 Sher always provides that. 16 But don't let her demeanor fool 17 anyone. She can be very tough when she needs 18 to be. And that, again, is a crucial 19 hallmark. But she's shown a real love of the 20 law, a love of the administration and working 21 through problems. Again, another wonderful 22 nominee. 23 Thank you, Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Hannon. 2 SENATOR HANNON: Madam President, 3 I'd like to support the nomination of 4 Judge Sher to the bench. 5 She has gained as an outstanding 6 reputation in her prior service as judge. She 7 has had an outstanding reputation among 8 members of the bar for her talents as a 9 lawyer. And I'm delighted that the nomination 10 is before us today, and I know she will do an 11 excellent job as judge. 12 Thank you. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: I just rise 17 because if Senator Balboni appeared before 18 you, I think the whole Senate would like a 19 critique as to his performance. And that 20 would be very helpful to us. 21 (Laughter.) 22 SENATOR DeFRANCISCO: Thank you, 23 Madam President. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 The question is on the confirmation 2 of Denise L. Sher, of Hewlett Harbor, as a 3 judge of the Court of Claims. All in favor 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT LITTLE: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT LITTLE: Denise 10 L. Sher, of Hewlett Harbor, is hereby 11 confirmed as a judge of the Court of Claims. 12 She is accompanied today by her 13 husband, Robert. 14 Congratulations, Judge Sher. 15 (Applause.) 16 ACTING PRESIDENT LITTLE: The 17 Secretary will read. 18 THE SECRETARY: As a judge of the 19 Court of Claims, Faviola A. Soto, of New York 20 City. 21 ACTING PRESIDENT LITTLE: Senator 22 DeFrancisco. 23 SENATOR DeFRANCISCO: Yes, I move 24 the nomination of Faviola Soto for the 25 position of judge of the Court of Claims, and

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(518) 371-8910 1 I'd request that you recognize Senator 2 Schneiderman for a second. 3 ACTING PRESIDENT LITTLE: Senator 4 Schneiderman. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Madam President. 7 It is with great pride that I stand 8 to second the nomination of Faviola Soto, an 9 excellent lawyer, someone who has worked in 10 private practice, worked in legal services 11 representing the poorest among us and also 12 representing some fairly fancy clients. 13 A fine judge, and serving as a 14 Family Court examiner, administrative law 15 judge, Civil Court, Supreme Court, and now on 16 the Court of Claims. 17 And I would tell you that I realize 18 that Delmar, for today, sort of has a corner 19 on the market. But I predict that Washington 20 Heights in the future will be producing many, 21 many more extraordinary justices who will be 22 making it to the Court of Claims and higher, 23 and Faviola Soto is one of the great examples 24 we have from our community. 25 Felicidades, bienvenidos a una

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(518) 371-8910 1 Dominicana muy intelligentsia y verdad 2 luchadora. 3 Congratulations. Thank you very 4 much, my colleagues, for nominating such a 5 great judge -- or confirming such a great 6 judge. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Diaz. 10 SENATOR DIAZ: Gracias. Thank 11 you, Madam President. 12 I just want to say how proud I am 13 of the nomination of Judge Soto. And we in 14 the Hispanic community are very proud today. 15 This is the only one of all the judges that 16 Governor Pataki has nominated, she's the only 17 one of the Hispanic community. And she makes 18 us all proud. 19 And I appreciate Governor Pataki 20 nominating this excellent, magnificent human 21 being, member of the Dominican community and 22 the Hispanic community in the City of New 23 York, which I represent. And I am becoming a 24 Dominican today to honor Judge Soto. 25 So on behalf of the Puerto Rican

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(518) 371-8910 1 community, which I represent, and the Hispanic 2 community in the 32nd Senatorial District in 3 the Bronx, I'm here acknowledging Governor 4 Pataki's appointment and also congratulating 5 Judge Soto. 6 Congratulations, Judge Soto. I 7 will see you in the Puerto Rican and Dominican 8 Parade in the Bronx on July 16th. And I'm 9 doing also a Noche Merengue -- that's a 10 Merengue Night -- in the Bronx on Friday, 11 July 14th, to honor all those distinguished 12 members of the Dominican community in the City 13 of New York. 14 So, Senator Schneiderman, as a 15 member of the Dominican community that you 16 have in Upper Manhattan, you also will be 17 invited. 18 Thank you, Madam President. 19 Congratulations, Judge Soto. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 The question is on the nomination 23 of Faviola A. Soto, of New York City, as a 24 judge of the Court of Claims. All in favor 25 signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT LITTLE: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT LITTLE: Faviola 6 A. Soto, of New York City, is hereby confirmed 7 as a judge of the Court of Claims. 8 Judge Soto is accompanied by Raolu 9 Santiago today. 10 Congratulations, Judge Soto. 11 (Applause.) 12 ACTING PRESIDENT LITTLE: The 13 Secretary will read. 14 THE SECRETARY: As a judge of the 15 Court of Claims, Charles F. Devlin, of 16 Chappaqua. 17 ACTING PRESIDENT LITTLE: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: Yes, I move 20 the nomination of Charles F. Devlin for the 21 position of judge of the Westchester County 22 Court. And if we can wait for one moment. 23 Well, we can ask Senator 24 Oppenheimer, if you would, Madam President, to 25 second the nomination. Thank you.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Oppenheimer. 3 SENATOR OPPENHEIMER: Thank you. 4 Actually, you both were right, but 5 it is the Westchester County Court that will 6 benefit from Charles Devlin's work, as it has 7 for many years. 8 He really has devoted his life to 9 our courts and to the serving of the courts. 10 He has for many years served as a law clerk to 11 some of our very finest Westchester County 12 judges. And he has done extensive lecturing 13 in the fields of elder law and mental health 14 law and family law. 15 This is a man with a great deal of 16 experience in the 25-odd years that he has 17 been -- actually, more than that -- been in 18 the business of serving the courts. 19 And I think this is an excellent 20 appointment, and I congratulate the Governor. 21 And I'm happy to say Charles Devlin lives in 22 my Senate district in Chappaqua. 23 And I know he's here with his son, 24 who is an organist. And that is something 25 else that I couldn't applaud more.

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(518) 371-8910 1 So I'm very happy to be able to 2 second the nomination. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The question is on the nomination 6 of Charles F. Devlin, of Chappaqua, as a judge 7 of the Westchester County Court. All in favor 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT LITTLE: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT LITTLE: Charles 14 F. Devlin is hereby confirmed as a judge of 15 the Westchester County Court. 16 And he is here today accompanied by 17 his son, Tim. 18 Congratulations, Judge Devlin. 19 (Applause.) 20 ACTING PRESIDENT LITTLE: The 21 Secretary will read. 22 THE SECRETARY: As a judge of the 23 Court of Claims [sic], Barbara Lynn Gionta, of 24 Pearl River. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 DeFrancisco. 2 SENATOR DeFRANCISCO: I move the 3 nomination of Barbara Lynn Gionta, for the 4 position of judge of the Court of Claims. And 5 I would call on Senator Morahan to second the 6 nomination, if you would, Madam President. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Morahan. 10 SENATOR MORAHAN: Thank you, 11 Madam President. 12 I rise to second this nomination of 13 Barbara Lynn Gionta, the native Rocklander 14 from Pearl River, a lady who has served in the 15 public defender's office, both as an ADA -- 16 I'm sorry, in the district attorney's office, 17 first as an ADA and then as a senior assistant 18 district attorney. She's also served as a 19 public defender for three years, four years, 20 maybe six. And she's been in a law practice 21 with her husband. 22 So she's had the experience of the 23 public defender's office, the district 24 attorney's office, and the private sector. 25 She will be a credit to the County

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(518) 371-8910 1 Court of Rockland, and I'm delighted to second 2 her nomination. 3 Congratulations, Barbara. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 The question is on the nomination 7 of Barbara Lynn Gionta, of Pearl River, as a 8 judge of the Rockland County Court. All in 9 favor please signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT LITTLE: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT LITTLE: Barbara 15 Lynn Gionta, of Pearl River, is hereby 16 confirmed as a judge of the Rockland County 17 Court. 18 She is accompanied today by her 19 husband, Ken DeStefano; son, Jake; parents, 20 Marian and Peter G. Gionta; and her in-laws, 21 Lee and Maureen Umphlet. 22 Congratulations, Judge Gionta. 23 (Applause.) 24 ACTING PRESIDENT LITTLE: The 25 Secretary will read.

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(518) 371-8910 1 Senator DeFrancisco, I'm sorry. 2 SENATOR DeFRANCISCO: Knowing 3 that we have a lot of judges in the room, and 4 sometimes how the Court of Appeals decides, I 5 want to modify my motion and move for her to 6 the Rockland County Court as opposed to the 7 Court of Claims. Just in case there's a 8 technical defect there. 9 (Laughter.) 10 ACTING PRESIDENT LITTLE: Thank 11 you. Motion is accepted. 12 THE SECRETARY: As a judge of the 13 Ontario County Court, William F. Kocher, of 14 Victor. 15 ACTING PRESIDENT LITTLE: Senator 16 DeFrancisco. 17 SENATOR DeFRANCISCO: I'd move 18 the nomination of William F. Kocher for a 19 position at the Ontario County Court, and I'd 20 request that you call on Senator Nozzolio to 21 second. 22 ACTING PRESIDENT LITTLE: Senator 23 Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Madam President.

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(518) 371-8910 1 I rise with great pleasure to 2 endorse the candidacy of Bill Kocher to be the 3 Ontario County judge. 4 Bill has made a career of helping 5 people in Ontario County and the surrounding 6 region. He has truly extended himself time 7 and time again, has had a variety of 8 experiences in the legal profession -- a 9 private practitioner, with the Ontario County 10 district attorney's office, himself as a 11 jurist, as a town judge in one of the busiest 12 courts in all of Western New York. 13 That Bill has been just an 14 outstanding member of the greater Victor 15 community. That I am extremely pleased that 16 he is pursuing now to be a county judge, 17 pursuing this with great distinction and 18 background. That as all the candidates today 19 have brought a variety of experiences to the 20 bench, Bill has brought, I think, a 21 culmination of many different types of 22 experiences, but with a common thread of 23 helping his community. 24 That I know he will be a wonderful 25 jurist. We're looking forward to his tenure

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(518) 371-8910 1 as the Ontario County judge. And that I am 2 extremely pleased that Governor Pataki made 3 this nomination, and I certainly want to 4 provide full endorsement from this house. 5 Madam President, I move the 6 nomination. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Volker. 10 SENATOR VOLKER: Madam President, 11 very quickly. 12 Although Bill Kocher lives just 13 across the way in Senator Nozzolio's district, 14 in Victor, I represent part of Ontario County. 15 And Bill Kocher has an excellent reputation 16 there. He's highly thought of by the bar 17 people; that is, the attorneys in the county. 18 And there's no question that he'll 19 make an excellent Ontario County judge, and I 20 highly recommend him and wish him the very 21 best. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 The question is on the nomination 25 of William F. Kocher, of Victor, as a judge of

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(518) 371-8910 1 the Ontario County Court. All those in favor 2 signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT LITTLE: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT LITTLE: William 8 F. Kocher, of Victor, is hereby confirmed as a 9 judge of the Ontario County Court. 10 Judge Kocher is accompanied today 11 by his wife, Mary. 12 Congratulations, Judge Kocher. 13 (Applause.) 14 ACTING PRESIDENT LITTLE: The 15 Secretary will read. 16 THE SECRETARY: As a justice of 17 the Supreme Court of the Sixth Judicial 18 District, Caesar D. Cirigliano, of Waccabuc. 19 ACTING PRESIDENT LITTLE: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: I move the 22 nomination of Caesar Cirigliano to the 23 position of justice of the Supreme Court of 24 the Sixth Judicial District and request that 25 you recognize Senator Meier to second the

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(518) 371-8910 1 nomination. 2 ACTING PRESIDENT LITTLE: Senator 3 Meier. 4 SENATOR MEIER: Madam President, 5 I'm pleased to second the nomination of 6 Justice Cirigliano to fill a vacancy in the 7 Sixth Judicial District. 8 He brings vast experience as a 9 judge of the Court of Claims, and we know 10 he'll serve with distinction. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The question is on the nomination 14 of Caesar D. Cirigliano, of Waccabuc, as a 15 justice of the Supreme Court of the Sixth 16 Judicial District. All in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT LITTLE: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT LITTLE: Caesar 23 D. Cirigliano is hereby confirmed as a justice 24 of the Supreme Court of the Sixth Judicial 25 District.

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(518) 371-8910 1 Congratulations, Judge Cirigliano. 2 (Applause.) 3 ACTING PRESIDENT LITTLE: The 4 Secretary will read. 5 THE SECRETARY: As a justice of 6 the Supreme Court of the Eighth Judicial 7 District, Timothy J. Walker, of Eden. 8 ACTING PRESIDENT LITTLE: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I move the 11 nomination of Timothy J. Walker to the 12 position of justice of the Supreme Court of 13 the Eighth Judicial District and would request 14 that you call on Senator Volker to second the 15 nomination. 16 ACTING PRESIDENT LITTLE: Senator 17 Volker. 18 SENATOR VOLKER: Madam President, 19 I just want to say that this is another great 20 nominee. 21 I've known Tim Walker for a number 22 of years. He's a highly respected attorney in 23 Erie County. He actually lives in the town of 24 Eden, that used to be mine and is now Bill 25 Stachowski's.

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(518) 371-8910 1 But he has been a pillar of the 2 legal community in Erie County. No question 3 he'll make an excellent judge. And he's been 4 highly recommended by people all over Western 5 New York, and I wish him the very best. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Maziarz. 9 SENATOR MAZIARZ: Thank you very 10 much, Madam President. 11 I too rise to second the nomination 12 of Tim Walker. I got to know Tim last year. 13 He's here with his family. I'm sure that 14 they're very proud of him, as well they should 15 be. 16 Tim is an excellent lawyer. He's 17 going to be a great jurist on the Supreme 18 Court in Western New York, including two 19 counties that I represent, Niagara and 20 Orleans. 21 And, Tim, I look forward to working 22 with you, particularly later on this year as 23 we campaign together. And I think you're 24 going to do a great job. It was an excellent 25 choice on behalf of the Governor.

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(518) 371-8910 1 Thank you, Madam President. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 The question is on the nomination 5 of Timothy J. Walker, of Eden, as a justice of 6 the Supreme Court of the Eighth Judicial 7 District. All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT LITTLE: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT LITTLE: Timothy 13 J. Walker is hereby confirmed as a justice of 14 the Supreme Court of the Eighth Judicial 15 District. 16 Judge Walker is accompanied today 17 by his wife, DianaRae; his children, Joshua 18 and Raelynn; his parents, Mr. and Mrs. Walker; 19 his in-laws, Mr. and Mrs. Radtke; and Tim 20 Rohe. 21 Congratulations, Judge Walker. 22 (Applause.) 23 ACTING PRESIDENT LITTLE: The 24 Secretary will read. 25 THE SECRETARY: As a judge of the

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(518) 371-8910 1 Oneida County Family Court, Brian Michael 2 Miga, of Barneveld. 3 ACTING PRESIDENT LITTLE: Senator 4 DeFrancisco. 5 SENATOR DeFRANCISCO: I move the 6 nomination of Brian Michael Miga to the 7 position of judge of the Oneida County Family 8 Court, and I'd request that you call on 9 Senator Meier for a second. 10 ACTING PRESIDENT LITTLE: Senator 11 Meier. 12 SENATOR MEIER: Thank you, Madam 13 President. 14 I'm very pleased and privileged to 15 second the nomination of Brian Miga as a judge 16 of the Family Court for Oneida County. 17 I've known Brian Miga as a fellow 18 attorney and as a fellow public official now 19 for probably more than 20 years. And Brian 20 has been engaged for many years, as many of us 21 who have practiced law have been, as a general 22 practitioner. 23 And in many ways, general practice 24 is the best preparation for a court like 25 Family Court, because the lawyer in general

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(518) 371-8910 1 practice in a community the size of Utica, or 2 some of the smaller communities that many of 3 us practice in, puts you face-to-face every 4 day with the problems that people confront in 5 their everyday lives and as they encounter the 6 legal system as they live their lives. And he 7 has extensive Family Court experience. 8 Family Court is really many times 9 where people turn when they have no place else 10 to go, when something terribly has gone wrong 11 in the life of their family, when they need to 12 have their rights and their responsibilities 13 adjudicated by someone who is fair. And there 14 again, Brian has had the very best preparation 15 for that. 16 And it's significant that he has 17 not just made his living as a lawyer but that 18 he sees the law as something that lawyers have 19 an obligation to. And he served in the Bar 20 Association as a member of the grievance 21 community, served on the board of directors of 22 the Mid-York Legal Aid Society. He's given 23 back to his community with a particular 24 interest in conservation and environmental 25 causes.

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(518) 371-8910 1 So he is more than an experienced 2 lawyer, he is someone that understands that 3 you have to balance your life as a lawyer with 4 service to the community and with giving back 5 to the community that has been good to you. 6 And he's also continued that as an 7 elected member of the Oneida County Board of 8 Legislators, which is where I started my own 9 elected political career. 10 Brian, you are going to be a great 11 Family Court judge. The children and the 12 families of Oneida County are going to be all 13 the better for it. Congratulations, and we 14 wish you well. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 The question is on the nomination 18 of Brian Michael Miga, of Barneveld, as a 19 judge of the Oneida Family Court. All in 20 favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT LITTLE: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT LITTLE: Brian

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(518) 371-8910 1 Michael Miga is hereby confirmed as a judge of 2 the Oneida Family Court. 3 He is accompanied today by his 4 daughters, Jessica and Libby. 5 Congratulations, Judge Miga. 6 (Applause.) 7 ACTING PRESIDENT LITTLE: The 8 Secretary will read. 9 THE SECRETARY: As a justice of 10 the Supreme Court of the Eleventh Judicial 11 District, Carolyn Geller, of New York City. 12 ACTING PRESIDENT LITTLE: Senator 13 DeFrancisco. 14 SENATOR DeFRANCISCO: I'd move 15 the nomination of Carolyn Geller for justice 16 of the Supreme Court of the Eleventh Judicial 17 District and request that you call on Senator 18 Maltese to second. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Maltese. 22 SENATOR MALTESE: Yes, Madam 23 President. I'm very pleased and proud to 24 second the nomination of Carolyn Geller as a 25 justice of Supreme Court for the Eleventh

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(518) 371-8910 1 Judicial District. 2 She has been well prepared in her 3 education, with a B.A. from Queens College, an 4 M.A. in history from Adelphi University, 5 completed an intensive trial techniques 6 program from the American Institute of Trial 7 Lawyers. She received her J.D. from Hofstra 8 University School of Law with honors and was 9 an associate editor of the Hofstra Law Review, 10 a moot court advisor, and a teaching fellow in 11 contracts. Subsequently, she completed her 12 Master's of Law in 1982. 13 On legal experience, she served as 14 an associate court attorney for the Law 15 Department of Queens Supreme Court and served 16 in that capacity for some 18 years. She was, 17 in addition, a special referee in the 18 matrimonial part of Queens Supreme Court for 19 some nine years, and presided at nonjury 20 trials and actions for divorce and determined 21 all issues including divorce and all relief 22 related thereto. 23 And more important than this 24 particular position, she has had the privilege 25 and honor and obligation of serving as a

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(518) 371-8910 1 justice of the Supreme Court for two terms, 2 appointed by Governor Pataki to those terms, 3 and served with great distinction. 4 I want to again praise Governor 5 Pataki for all his judicial appointments for 6 today and yesterday and certainly tell him 7 that the people of Queens County very much 8 appreciate the appointment of Carolyn Geller 9 as a justice of the Supreme Court. During her 10 terms as an interim justice, she received the 11 commendations and accolades of the bench and 12 bar, and attorneys constantly and continually 13 praised her demeanor and judicial temperament 14 on the bench. 15 Madam President, I'm very pleased 16 to second the nomination of Carolyn Geller as 17 a justice of the Supreme Court. 18 ACTING PRESIDENT LITTLE: Thank 19 you, Senator Maltese. 20 The question is on the nomination 21 of Carolyn Geller as a justice of the Supreme 22 Court of the Eleventh Judicial District. All 23 in favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT LITTLE: Carolyn 4 Geller is hereby confirmed as a justice of the 5 Supreme Court of the Eleventh Judicial 6 District. 7 Congratulations, Judge Geller. 8 (Applause.) 9 ACTING PRESIDENT LITTLE: Senator 10 Larkin. 11 SENATOR LARKIN: Madam President, 12 now we'll turn to Calendar 60B and start off 13 with the noncontroversial reading. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The Secretary will read. 17 THE SECRETARY: In relation to 18 Calendar Number 2050, Senator Hannon moves to 19 discharge, from the Committee on Rules, 20 Assembly Bill Number 3072 and substitute it 21 for the identical Senate Bill Number 759, 22 Third Reading Calendar 2050. 23 ACTING PRESIDENT LITTLE: The 24 substitution is ordered. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2050, previously substituted by Member of the 3 Assembly Hoyt, Assembly Print Number 3072, an 4 act to amend the Tax Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: In relation to 16 Calendar Number 2052, Senator Leibell moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 6327B and substitute it 19 for the identical Senate Bill Number 4547A, 20 Third Reading Calendar 2052. 21 ACTING PRESIDENT LITTLE: The 22 substitution is ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 2052, by Member of the Assembly Brodsky,

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(518) 371-8910 1 Assembly Print Number 6327B, an act to amend 2 the Not-For-Profit Corporation Law. 3 ACTING PRESIDENT LITTLE: Read 4 the last section. 5 THE SECRETARY: Section 7. This 6 act shall take effect on the 60th day. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT LITTLE: Senator 11 Duane, to explain your vote. 12 SENATOR DUANE: Thank you, Madam 13 President. 14 I'll be voting in favor of this 15 bill, which has to do with not-for-profit 16 corporations and the operation and duties of 17 crematories and cemeteries. 18 As most people in this house know, 19 because we didn't have a law called Timothy's 20 Law, Timothy died. And even the people 21 grieving because of his death may not have 22 been able to get the mental health services 23 that they needed as a result, including those 24 people who may have started drinking or sunk 25 into alcoholism or some other kind of

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(518) 371-8910 1 prescription drug abuse as a result of the 2 death in their family. 3 And so I hope, Madam President, 4 that we are not at a point today of grieving 5 for a Timothy's Law that's inclusive and 6 comprehensive not coming to the floor of this 7 body before we leave. 8 I'll be voting yes, Madam 9 President, still with the anticipation that 10 promises will be kept and that a Timothy's Law 11 will come to the floor of this body before we 12 adjourn. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Senator 15 Duane will be recorded in the affirmative. 16 The Secretary will announce the 17 results. 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator Maltese recorded in the negative. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2053, by Senator Maziarz -- 24 SENATOR LARKIN: Lay it aside for 25 the day.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 2054, by Senator Maziarz, Senate Print 4950, 5 an act to amend the Workers' Compensation Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2055, by Senator Farley, Senate Print 5107C, 18 an act to amend the Real Property Tax Law. 19 ACTING PRESIDENT LITTLE: Read 20 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: Ayes, 61. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 2056, by Senator Bonacic, Senate Print 5136, 6 an act to amend the General Municipal Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the same date and in 11 the same manner as Part W of a chapter of the 12 Laws of 2005. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 2057, by Senator Morahan, Senate Print 6775B, 21 an act to amend the Public Health Law. 22 ACTING PRESIDENT LITTLE: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 2058, Senator Leibell moves to 9 discharge, from the Committee on Education, 10 Assembly Bill Number 347B and substitute it 11 for the identical Senate Print Number 6858, 12 Third Reading Calendar 2058. 13 ACTING PRESIDENT LITTLE: The 14 substitution is ordered. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 2058, by Member of the Assembly Bradley, 18 Assembly Print Number 347B, an act to amend 19 the Education Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 120th day. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: In relation to 6 Calendar Number 2059, Senator Coppola moves to 7 discharge, from the Committee on Local 8 Government, Assembly Bill Number 9155A and 9 substitute it for the identical Senate Bill 10 Number 7026, Third Reading Calendar 2059. 11 ACTING PRESIDENT LITTLE: The 12 substitution is ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 2059, by Member of the Assembly DelMonte, 16 Assembly Print Number 9155A, an act to amend 17 the Real Property Tax Law. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2060, by Senator Saland -- 5 SENATOR LARKIN: Lay it aside for 6 the day. 7 ACTING PRESIDENT LITTLE: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 2062, by Senator Volker, Senate Print 7730A, 11 an act to amend the Correction Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2063, by Senator Young -- 24 SENATOR VALESKY: Lay it aside. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 THE SECRETARY: In relation to 3 Calendar Number 2064, Senator Young moves to 4 discharge, from the Committee on Rules, 5 Assembly Bill Number 11451 and substitute it 6 for the identical Senate Bill Number 7827, 7 Third Reading Calendar 2064. 8 ACTING PRESIDENT LITTLE: The 9 substitution is so ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 2064, by Member of the Assembly Alessi, 13 Assembly Print Number 11451, an act to amend 14 the Agriculture and Markets Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 2065, Senator Nozzolio moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 11102 and substitute it 4 for the identical Senate Bill Number 7857, 5 Third Reading Calendar 2065. 6 ACTING PRESIDENT LITTLE: There 7 is a home-rule message at the desk. 8 The substitution is ordered. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 2065, by Member of the Assembly Oaks, Assembly 12 Print Number 11102, an act to amend the Town 13 Law. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 2068, by Senator Saland, Senate Print 8340, an

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(518) 371-8910 1 act to amend the Education Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect July 1, 2006. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2069, by Senator Johnson, Senate Print 8351, 14 an act in relation to transportation 15 contracts. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 61. 24 ACTING PRESIDENT LITTLE: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 2070, by Senator Seward, Senate Print 8358, an 3 act to -- 4 SENATOR VALESKY: Lay it aside. 5 ACTING PRESIDENT LITTLE: The 6 bill is laid aside. 7 That completes the reading of the 8 noncontroversial calendar. 9 Senator Larkin. 10 SENATOR LARKIN: Madam President, 11 would you ring the bell and remind our 12 colleagues that this is now on the 13 controversial calendar and there'll be a call. 14 We'll go to 2070, by Senator 15 Seward. 16 ACTING PRESIDENT LITTLE: The 17 Secretary will ring the bell, and the 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 2070, by Senator Seward, Senate Print 8358, an 21 act to amend the Insurance Law. 22 SENATOR LIZ KRUEGER: 23 Explanation, please. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Seward, an explanation has 2 been requested. 3 SENATOR SEWARD: Certainly, Madam 4 President. 5 This bill contains a number of 6 consumer-friendly initiatives designed to 7 assist consumers residing in the coastal areas 8 of our state to obtain and maintain insurance 9 coverage, including a number of things: 10 Placement of the Coastal Market Assistance 11 Program, the so-called CMAP program, in 12 statute; reauthorizing the temporary panel on 13 homeowner's insurance; requirement that 14 insurance carriers send notices annually 15 regarding the availability of flood insurance. 16 And finally, it directs the Insurance 17 Department to implement a program to encourage 18 carriers to write insurance in New York State. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Krueger. 22 SENATOR LIZ KRUEGER: Thank you, 23 Madam President. If the sponsor would yield, 24 please. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Seward, would you yield for 3 a question? 4 SENATOR SEWARD: Certainly. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 The Senator yields. 8 SENATOR LIZ KRUEGER: Thank you. 9 So part of this bill deals with the 10 NYPIUA insurance program. But does it make it 11 permanent? 12 ACTING PRESIDENT LITTLE: Senator 13 Seward. 14 SENATOR SEWARD: Well, Madam 15 President, the future of NYPIUA, whether 16 permanent or for a period of time, is not 17 addressed in this particular legislation. 18 I can assure the Senator and other 19 members of this body that certainly this house 20 will not allow NYPIUA to lapse, but that's a 21 matter that will -- still under discussion and 22 will be determined later this week, in terms 23 of a final resolution of the term of the 24 length of time for the NYPIUA extender. 25 So this bill does not relate to

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(518) 371-8910 1 that question, Madam President. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Krueger. 5 SENATOR LIZ KRUEGER: Thank you, 6 Madam President. If the sponsor would 7 continue to yield. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Seward, do you continue to 11 yield? 12 SENATOR SEWARD: Certainly. 13 Certainly. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 The Senator yields. 17 SENATOR LIZ KRUEGER: Senator, 18 I'm looking at another Senate bill, it's 19 S7397. It was introduced by Senator LaValle 20 and a number of your other colleagues. And it 21 seems to have some overlapping sections with 22 your bill, but then again it goes further and 23 it includes issues like making permanent 24 NYPIUA and establishing some rules around the 25 percentage increases that insurance companies

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(518) 371-8910 1 can raise their rates within certain periods 2 of time. 3 And I'm just wondering, is there a 4 reason that your bill doesn't include as many 5 things as Senator LaValle's bill, S7397? 6 SENATOR SEWARD: Well, Madam 7 President, I must confess I don't have that 8 particular bill in front of me. It's very 9 difficult to discuss it with any specificity. 10 SENATOR LIZ KRUEGER: Thank you, 11 Madam President. On the bill. 12 ACTING PRESIDENT LITTLE: Thank 13 you. Senator Krueger, on the bill. 14 SENATOR LIZ KRUEGER: Thank you. 15 Well, I certainly am not opposed to 16 a bill that ensures we continue the CMAP 17 program, the Coastal Market Assistance 18 Program. I am, though, again, for the record, 19 frustrated that, as Senator Seward pointed 20 out, perhaps within the last two days of the 21 session of 2006 we are not addressing another 22 critical insurance problem for homeowners, in 23 particularly geographically the same areas as 24 the issue of the Coastal Market Assistance 25 Program, the CMAP program.

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(518) 371-8910 1 And that is the fact that it seems 2 like every year that I've been here we 3 literally get down to the wire for property 4 owners who are concerned about their ability 5 to continue to have insurance coverage under 6 the NYPIUA program, that we establish rules 7 for notifying them that their insurance might 8 lapse, but then we're going to put it back. 9 And again, I'm very disturbed that 10 while we're moving a piece of insurance law 11 that is important here on Wednesday of the 12 final week of session, that it is Wednesday of 13 the final week of session and we have so many 14 other important issues around insurance 15 coverage that we have yet to address. And I 16 worry that the clock is ticking. 17 And I respect that Senator Seward 18 recognizes, I think, that we have this 19 problem, and he said we'll deal with it later 20 this week. But we're getting awfully close to 21 the end of that last week. 22 So I will vote for the bill, but 23 again, for the record, I'm very concerned that 24 there are so many other parallel and equally 25 important insurance issues for constituents

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(518) 371-8910 1 that have yet to be addressed. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 would the sponsor yield for a question. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Seward, do you yield? 11 SENATOR SEWARD: Yes. 12 ACTING PRESIDENT LITTLE: The 13 Senator yields. 14 SENATOR KLEIN: Through you, 15 Madam President. 16 Senator Seward, the Coastal Market 17 Assistance Program, if that was indeed in 18 effect, how would it handle the situation that 19 recently occurred where Allstate canceled over 20 28,000 homeowner insurance policies in coastal 21 areas in New York City, Westchester, and Long 22 Island? 23 SENATOR SEWARD: Well, Madam 24 President, the CMAP program is in effect and 25 has been for some time, a period of time. The

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(518) 371-8910 1 problem is that it is -- by regulation through 2 the department, this bill would actually put 3 the CMAP program into statute in the State of 4 New York, formalize it. 5 But it does provide relief in this 6 way. When homeowners in the coastal areas of 7 our state are having difficulty in obtaining 8 homeowner's insurance, they call NYPIUA, which 9 is in fact the insurer of last resort. 10 The way the CMAP program works is 11 that before a homeowner is placed in NYPIUA, 12 the CMAP program, which is made up of the 13 various insurance carriers in the region, 14 writing in the region, and they are given an 15 opportunity to place that particular insured 16 in their company in the voluntary market. 17 Which, in effect, allows that homeowner to 18 receive coverage in a less expensive manner 19 than through NYPIUA. 20 So it's to that property owner's 21 advantage to be placed through the CMAP, 22 rather than going to that insurer of last 23 resort, NYPIUA. From a financial point of 24 view. 25 So that's how it will provide

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(518) 371-8910 1 relief to those who may find themselves having 2 difficulty in securing coverage because of 3 being dropped by Allstate. 4 SENATOR KLEIN: Again, through 5 you, Madam President, would the sponsor 6 continue to yield. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Seward, do you continue to 10 yield? 11 SENATOR SEWARD: Yes. Yes, I 12 will. 13 ACTING PRESIDENT LITTLE: The 14 Senator yields. 15 SENATOR KLEIN: Senator Seward, 16 the Coastal Market Assistance Program, would 17 the program at least have the authority or be 18 able to make recommendations to the State 19 Insurance Department in lowering the threshold 20 of how many -- what percentage insurance 21 companies can actually eliminate or nonrenew 22 their policies in the New York State? 23 Presently the level is 4 percent per year. 24 SENATOR SEWARD: I didn't 25 understand the question. Are you asking who

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(518) 371-8910 1 would have their -- 2 SENATOR KLEIN: In other words, 3 under this program, would they be able to make 4 recommendations that would have any authority 5 to be able to recommend to the State Insurance 6 Department whether or not we can lower the 7 threshold? 8 You see, the problem is presently 9 an insurance company can cancel up to 10 4 percent of their policyholders. Again, 11 going back to the example of Allstate, they've 12 canceled to date 3.1. So they're clearly 13 getting close to that 4 percent threshold. 14 I was curious whether or not this 15 program would be able to make recommendations 16 to the State Insurance Department on whether 17 or not we should be lowering that threshold 18 even further. 19 SENATOR SEWARD: Well, Madam 20 President, that threshold is actually in 21 statute. The department couldn't do it on 22 their own. 23 However, in response to the 24 Senator's question, I would point out that 25 another piece of this bill is that we

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(518) 371-8910 1 reauthorize the temporary panel on homeowner's 2 insurance, which has been dormant for a few 3 years, but we reauthorize them and get them 4 reupped so that they can begin once again to 5 look at the particular problems in the coastal 6 areas of our state. 7 And some adjustment to the 8 nonrenewal number could very well be an issue 9 that they will look at and make 10 recommendations. 11 SENATOR KLEIN: Thank you very 12 much, Mr. Seward. 13 On the bill, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you. Senator Klein, on the bill. 16 SENATOR KLEIN: I applaud Senator 17 Seward's effort to do something about the 18 coastal insurance policies, which became a 19 very, very big issue this year. 20 As I said earlier, Allstate, one of 21 the -- the largest writer of homeowner 22 policies in New York State, just canceled 23 about 28,000 of their policies. That's about 24 3.1 percent of their total policies in 25 New York State. They specifically did it in

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(518) 371-8910 1 coastal communities in Westchester, Long 2 Island, in my district in the Bronx. 3 And I think that what they've done 4 has clearly been disingenuous. I've spoken to 5 many of the homeowners that lost their policy 6 in my district. And if they also had their 7 automobile policy as well as their homeowner 8 policy with Allstate, they didn't cancel them. 9 But someone could be maybe much further from 10 the water and if -- again, if they had their 11 homeowner policy and their automobile policy, 12 they kept their insurance. 13 So I think we really need to do a 14 lot more. I attempted to pass an amendment in 15 this house last month which would have lowered 16 the threshold for the number of insurance 17 policies an insurance company can cancel in 18 one year. Presently, it's at 4 percent. 19 Under my proposed amendment, it would go down 20 to 2 percent. 21 Also, I think we need something as 22 far as a law on the books in New York State 23 that once and for all makes insurance 24 companies, specifically insurance companies 25 that write homeowner policies, to give a

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(518) 371-8910 1 specific reason, a reason why they're 2 cancelling their policies. 3 What Allstate is doing presently is 4 equating our coastal communities in New York 5 to South Florida and New Orleans, which just 6 isn't the case. Anybody you speak to, thank 7 God we don't have the same likelihood of 8 having a massive hurricane hitting our region, 9 and we shouldn't be treated as such. 10 But even if we were, I think it's 11 incumbent upon these insurance companies to 12 really give us a reason, to tell us why 13 they're cancelling our policies instead of 14 just getting a letter. 15 And again, I think the last time I 16 passed this amendment I didn't have the 17 information that I have now, where now we're 18 finding, in many cases -- and this is in 19 consultation with the State Insurance 20 Department, Commissioner Mills -- there are 21 other insurance companies that are now willing 22 to write these coastal policies. 23 So clearly Allstate, I think, was 24 just setting us up to try to get a national 25 policy, a catastrophic damage front that would

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(518) 371-8910 1 pick up the tab for any future emergencies, 2 which I think is wrong. 3 So again, I applaud Senator Seward 4 on his effort to do something about homeowner 5 policies in coastal communities. I think we 6 really need to do a lot more, so I vote no on 7 this legislation. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator LaValle. 11 SENATOR LaVALLE: Thank you, 12 Madam President. 13 Certainly I appreciate Senator 14 Seward's efforts to try and address a very, 15 very difficult problem. But there is a 16 disaster waiting to happen. 17 And I can only speak on Long 18 Island. And I speak and have spoken to the 19 insurance agents, independent agents, that 20 deal with this issue on a day-to-day basis in 21 my district. I think I probably represent the 22 longest shoreline of any Senate district. 23 And this legislation falls far 24 short of addressing the problem. As a matter 25 of fact, this legislation is barely a Band-Aid

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(518) 371-8910 1 in addressing a problem that is so critical. 2 I discussed this this week, this 3 legislation, with the agents. And I talked 4 about the CMAP program, I talked about other 5 provisions in this legislation. And I said, 6 "You know, this bill provides some things in 7 it that may be helpful." I did not have an 8 agent who agreed. And they have indicated to 9 me -- and I use them as the professionals in 10 guiding myself on how I should vote on 11 legislation. And they said, to a person: You 12 should cast a negative vote. And I will cast 13 a negative vote on this. 14 The CMAP program is a program that 15 gets individuals involved in a voluntary 16 mechanism. Now, I understand marketplace 17 dynamics. And we try to accommodate the 18 companies. But the companies have been 19 unreasonable in what they are doing. 20 Senator Klein talked about Allstate 21 Insurance. Allstate is but one, I am being 22 told, one company that is pulling out of the 23 marketplace. And those that might be coming 24 in, our constituents will have a wake-up call 25 when they get a policy where they're paying

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(518) 371-8910 1 $900 and someone will underwrite it for them 2 for $3,000. 3 When you add the high property 4 taxes and LIPA bills that we have, this is 5 unreasonable. It has begun to effect the 6 marketplace in people buying homes, because 7 people are afraid that they will not be able 8 to receive insurance. 9 This is very serious. With daily 10 bulletins that Long Island is a prime 11 candidate to be hit by a hurricane, people are 12 really -- they don't know what to do. The 13 brokers are frightened, because they are in a 14 direct relationship with their clients. And 15 they feel that they will not be able to either 16 underwrite insurance or, if they do, it will 17 be at triple or quadruple the present rates 18 that people are paying. 19 This Legislature has to take this 20 issue seriously. It has to put the companies' 21 feet to the fire. We must do that. This 22 legislation does not address that problem. It 23 is, as I said, I don't believe even a 24 Band-Aid. 25 So, Madam President, when you call

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(518) 371-8910 1 the roll, I will be casting my vote in the 2 negative on this legislation. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Is there any other Senator wishing 6 to be heard? 7 The debate is closed, and the 8 Secretary will ring the bell. 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 Senator Seward, to explain his 16 vote. 17 SENATOR SEWARD: Yes, Madam 18 President, thank you. I rise to explain my 19 vote. 20 I share the concern of some of my 21 colleagues who have spoken on this issue, and 22 I certainly -- I certainly share their concern 23 and do not want to understate the problem in 24 our coastal areas of our state. 25 This is an issue, however, where we

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(518) 371-8910 1 need to proceed in a way that continues to 2 make New York State a good place to write 3 insurance business. Because the real answer 4 to the coverage problems in the coastal areas 5 of our state is to have a number of carriers 6 willing to write and competing for our 7 business. That helps us both on the 8 availability side and the affordability side 9 of the equation. 10 And so this bill proceeds in a way 11 which I think sets the stage for additional -- 12 ACTING PRESIDENT LITTLE: Please. 13 The speaker cannot be heard, there's so much 14 noise in the chamber. Could we keep it down, 15 please. 16 SENATOR SEWARD: This bill 17 proceeds down the path of setting the stage 18 for perhaps some additional measures that this 19 Legislature can take, and does so in a way 20 that does not make our state a less attractive 21 place to write business, particularly in the 22 coastal areas. 23 And I would point out, I'm 24 certainly committed to the continuation of 25 NYPIUA, and we're looking at the CMAP program

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(518) 371-8910 1 here in this particular bill. But I'd point 2 out that that is hardly the answer to the 3 problem, because NYPIUA would cost a property 4 owner about 45 percent higher in premiums. 5 And so I think the real answer is 6 to make sure that we have a voluntary market 7 in the coastal areas and throughout our state, 8 so that property owners will have a number of 9 choices, both competing for their business and 10 also from a price point of view. 11 So I vote aye on this legislation 12 and in a way that will continue to make 13 New York State an attractive place to write 14 business. That, ultimately, is the answer to 15 the problem. 16 ACTING PRESIDENT LITTLE: Thank 17 you. Senator Seward will be recorded in the 18 affirmative. 19 Senator LaValle, to explain his 20 vote. 21 SENATOR LaVALLE: Thank you, 22 Madam President. 23 I think many of us are frustrated 24 on this issue. We're ending the session, and 25 to have a bill that I believe is potentially a

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(518) 371-8910 1 one-house bill at this juncture really doesn't 2 do what we need to do at this point in the 3 session. 4 Our independent agents oppose this 5 legislation. NYPIUA should be permanent; it's 6 not in this legislation. And this legislation 7 does not address the insurance companies 8 pulling out of the marketplace, does not 9 address that problem. 10 For those reasons, Madam President, 11 I cast my vote in the negative. 12 ACTING PRESIDENT LITTLE: Senator 13 LaValle will be recorded in the negative. 14 Senator Schneiderman, to explain 15 his vote. 16 SENATOR SCHNEIDERMAN: Yes, Madam 17 President. 18 I very much appreciate the comments 19 made by Senator Klein and Senator LaValle. I 20 think that anyone who doesn't conclude, after 21 this discussion, that we have a serious 22 problem with our statewide regulation of the 23 insurance industry is not listening carefully. 24 I'm going to join my colleagues in 25 voting no on this. There is no reason that

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(518) 371-8910 1 the insurance industry should not, as the 2 insurance industry has been required to do in 3 California and other states, provide reasons 4 before it engages in this sort of conduct. 5 There's essentially no functional regulation 6 in this state that prevents insurance 7 companies from taking advantage of our 8 consumers. 9 I hope that in the coming year we 10 will be able to address more comprehensively 11 this issue. In the meantime, I commend 12 Senator Klein and Senator LaValle for their 13 comments, and I'm going to join them in voting 14 no. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Malcolm Smith. 18 SENATOR MALCOLM SMITH: Thank you 19 very much, Madam President. 20 I also want Senator Seward to know 21 I appreciate the work and the effort he's done 22 on this bill. 23 I myself have had a number of 24 insurance agents who have been to my office. 25 I've actually had meetings with Superintendent

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(518) 371-8910 1 Mills with regard to the disregard that some 2 insurance companies have had in terms of 3 leaving the State of New York. Obviously, 4 when it comes to their ability to raise money 5 and to make money, they do that and they do 6 that very well. However, when it comes to, in 7 particular, homeowners who are looking to 8 acquire that American dream and then to come 9 find out you have an insurance company who has 10 just decided, without any preconditions or at 11 least having the temerity to discuss it with 12 members of the Legislature and/or the 13 regulatory body, to just up and leave, we have 14 a problem. And as a body we need to recognize 15 that and do something about it. 16 So for those reasons and for all 17 the agents, the independent agents that are 18 underneath the sound of my voice throughout 19 the state, that's going to hear this, I am 20 proudly voting no on this and asking that of 21 all of my colleagues on both sides of the 22 aisle, as many agents will be approaching them 23 after this bill comes off the floor today. 24 Thank you. I vote no. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. Senator Smith will be recorded in the 2 negative. 3 Senator Krueger, to explain your 4 vote. 5 SENATOR LIZ KRUEGER: Thank you, 6 Madam President. 7 To clarify, when I was questioning 8 Senator Seward on the bill, I raised Senator 9 LaValle's bill as an alternative. But I said 10 that despite the fact that I didn't think 11 Senator Seward's bill went far enough or did 12 enough, that I thought I could vote for it. 13 But in fact, after listening to 14 Senator LaValle speak so articulately about 15 the problem that his constituents are 16 facing -- and I believe that when he spoke for 17 his constituents, he's speaking for all 18 constituents who are in a similar geographic 19 situation for themselves, an insurance 20 situation -- I find that I cannot support 21 Senator Seward's bill, because we have a much 22 better answer. 23 And again, I appreciate Senator 24 LaValle's standing up to explain to us the 25 seriousness of the problem, the failings of

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(518) 371-8910 1 the bill we are speaking of right now. And 2 again, in closing, as I say that I am voting 3 no, I believe there is still time for us to 4 bring Senator LaValle's bill to the floor. 5 I believe there is still time this 6 session to bring Senator LaValle's bill to the 7 floor, I understand it has an Assembly 8 same-as, and perhaps we could address this 9 problem before we go home this week. 10 Thank you, Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Krueger will be recorded in the 13 negative. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2070 are 18 Senators Coppola, DeFrancisco, Diaz, Dilan, 19 Duane, Klein, L. Krueger, LaValle, Marcellino, 20 Montgomery, Morahan, Onorato, Parker, 21 Paterson, Sabini, Savino, Schneiderman, 22 Serrano, A. Smith, M. Smith, Stachowski and 23 Stavisky. 24 Those Senators absent from voting: 25 Senators Andrews, Connor, C. Kruger and

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(518) 371-8910 1 Sampson. 2 Ayes, 35. Nays, 22. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 Senator Larkin. 6 SENATOR LARKIN: May we now 7 return to Calendar Number 2063, by Senator 8 Young. 9 ACTING PRESIDENT LITTLE: The 10 Secretary will read. 11 THE SECRETARY: In relation to 12 Calendar Number 2063, Senator Young moves to 13 discharge, from the Committee on Local 14 Government, Assembly Bill Number 11832 and 15 substitute it for the identical Senate Bill 16 Number 7760, Third Reading Calendar 2063. 17 SENATOR SCHNEIDERMAN: 18 Explanation. 19 ACTING PRESIDENT LITTLE: The 20 substitution is ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 2063, by the Assembly Committee on Rules, 24 Assembly Print Number 11832, an act to amend 25 the General Municipal Law and the Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Young, an explanation has 4 been requested. 5 SENATOR YOUNG: Thank you, Madam 6 President. Through you. 7 This legislation allows for 8 municipal clean energy research and 9 development enterprises to be eligible for the 10 qualified Empire Zone enterprise tax credit 11 for real property taxes. 12 ACTING PRESIDENT LITTLE: Senator 13 Parker. 14 SENATOR PARKER: On the bill, 15 Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. Senator Parker on the bill. 18 SENATOR PARKER: We have talked a 19 great deal this year about energy and 20 particularly the rising costs of energy around 21 our state and around our country. And I know 22 that particularly upstate has had some 23 difficulty trying to produce energy and making 24 sure there's enough energy for everyone. 25 However, I think that when we have

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(518) 371-8910 1 legislation, Madam President, that in fact 2 flies counter to what we've doing as both a 3 body and a Legislature, as well as a 4 government, through the Governor, with the 5 raising of the renewable portfolio standard, 6 we're now -- we're looking at ways in which we 7 can add more solar and biomass, biogas, wind 8 energy, hydroelectric energy into the mix so 9 that we both have a safe, reliable, but also 10 cleaner energy supply for the State of 11 New York. 12 This legislation, it appears to me, 13 would not only encourage dirty, coal-fired 14 power plants if enacted, but also would be 15 using our state dollars, our tax dollars to in 16 fact fund more dirty coal-burning plants. 17 Clearly not, I think, the right direction that 18 we want to go into at this time. 19 Particularly, you know, as we look 20 at the Department of Health, who warned women 21 and children not to east most of the fish 22 caught in the Adirondacks and the Catskills. 23 And they also issued advisories for 87 24 different specific water bodies because of 25 fish populations that are unsafe to eat

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(518) 371-8910 1 because of mercury contamination. 2 And instead of us going forwards 3 and trying to resolve some of this, we are in 4 fact going backwards with this legislation. 5 Soot from power plants causes 1200 6 premature deaths in New York annually. And 7 clearly, you know, we all know about global 8 warming, which is raising tides, you know, 9 raising water, destroying forests all over the 10 country. 11 I think that instead of passing 12 this legislation and putting more money behind 13 dirty sources of energy production, that we 14 ought to be looking another alternative 15 energies. 16 David Paterson, with his 17 leadership, has created a task force on 18 alternative energy futures which he's asked me 19 to chair. We have been holding hearings and 20 having some significant conversations about 21 the future of energy around the state. I 22 would love to come to Jamestown and cohost one 23 with Senator Young, so we could look at some 24 alternatives to coal-fired power plants and 25 look at really where the future is in solar,

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(518) 371-8910 1 biomass, wind energy and other alternatives. 2 And so I'm hoping that today my 3 colleagues won't vote yes on this bill and, 4 instead, we will look at the alternatives that 5 are available to us in order to both produce 6 the low-cost, affordable energy that we all 7 need in our districts but also to keep our 8 air, our waterways and the lungs of our 9 children clean. 10 Thank you. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Schneiderman. 14 SENATOR SCHNEIDERMAN: Thanks, 15 Madam President. I join Senator Parker in 16 opposition to this bill. 17 What this bill does technically is 18 to amend the General Municipal Law and the Tax 19 Law to make something that is defined as a 20 municipal clean energy research and 21 development enterprise eligible for Empire 22 Zone enterprise tax credits. 23 The problem is there's a certain 24 thing of a 1984 quality to what qualifies as a 25 clean energy research and development

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(518) 371-8910 1 enterprise. And it is clear, as Senator 2 Parker has indicated, that what we're talking 3 about in the case of Jamestown is a coal-fired 4 power plant -- which the Sierra Club has 5 stated, in opposition to this bill, as "the 6 most environmentally destructive fuel and 7 technology that is currently on the market." 8 So I'm very sympathetic to Senator 9 Young's efforts to obtain tax benefits for a 10 municipal project. But if we're talking about 11 something that's called clean energy research 12 and development, let's make sure it is clean 13 energy. Coal-fired power plants are not. 14 It's the dirtiest energy available right now. 15 And I would urge my colleagues we shouldn't be 16 amending the Municipal Law to provide for 17 this. 18 It's not that we're picking on this 19 particular community. This is a precedent 20 that could be followed in other parts of the 21 state, and we understand there are other 22 programs in the pipeline where people would 23 attempt to obtain tax benefits, under the 24 rubric of clean energy, for coal-fired power 25 plants.

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(518) 371-8910 1 So I would urge all my colleagues 2 to vote no on this legislation. Thank you. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Serrano. 6 SENATOR SERRANO: Thank you, 7 Madam President. 8 Anyone can just look to the 28th 9 Senate District to get an idea of what 10 pollution can do to a community. The South 11 Bronx and East Harlem have some of the highest 12 asthma rates in the nation. And there's no 13 mystery as to why that is. 14 But the pollution and 15 overindustrialization and the emissions that 16 we've had to endure in the poor sections of 17 the South Bronx and East Harlem have had a 18 detrimental effect on the youth in the 19 communities of the state of New York. 20 And that's obviously happening in 21 other parts of the state. And that's why I 22 oppose this legislation, because I feel that 23 we will be using much-needed state resources 24 to continue that process of dirty fuel, of 25 dirty energy.

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(518) 371-8910 1 And we should be focusing our 2 energies entirely on clean energy, on new ways 3 to solve the problems of the demand for energy 4 without damaging the lungs of our children. 5 So I will oppose this legislation, 6 and I ask my colleagues to do the same. 7 Thank you. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Is there any other Senator wishing 11 to be heard? 12 The debate is closed, and the 13 Secretary will ring the bell. 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT LITTLE: Senator 21 Young, to explain her vote. 22 SENATOR YOUNG: Thank you, Madam 23 President, to explain my vote. 24 I want to remind my colleagues that 25 this is not a one-house bill, that this also

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(518) 371-8910 1 is passing the Assembly. And the reason why 2 is because it promotes good policy in New York 3 State. 4 I'd like to draw my colleagues' 5 attention to the fact that it talks about 6 clean energy research and development. And 7 the key word in this is "clean." For a 8 project to qualify, it has to be certified as 9 clean energy by the EPA. 10 And so what we need to do is make 11 sure that this bill is passed, because one of 12 the things that we need to do more of in 13 New York State is to develop more power 14 sources. That's something that is lacking. 15 We failed to get Article X through the 16 Legislature, Article VII through the 17 Legislature, but our power needs are growing. 18 And we need to have cheaper power. 19 Recently a report came out about upstate 20 New York and the loss of population. And one 21 of the reasons for the loss of population is 22 the fact that it costs too much to live in 23 upstate New York. We need to cut our taxes, 24 we need to have cheaper power so that we can 25 develop more jobs so that our young people can

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(518) 371-8910 1 stay here and they can have career paths. And 2 by developing more power sources, this does 3 that. 4 So I want to thank my colleagues 5 for your support on this bill, and I will be 6 voting yes. 7 ACTING PRESIDENT LITTLE: Thank 8 you. Senator Young will be recorded in the 9 affirmative. 10 Senator Wright, to explain his 11 vote. 12 SENATOR WRIGHT: Thank you, Madam 13 President, to explain my vote. 14 I'm always amazed at the knee-jerk 15 reaction that coal energy is always 16 automatically dirty energy. In fact, what is 17 being advanced by Senator Young, and I commend 18 her efforts, is the reality that there are new 19 technologies relative to coal and those new 20 technologies are being implemented and enable 21 other areas, other states to be competitive. 22 New York consistently complains 23 about its high cost of energy. One of the 24 reasons for that high cost of energy is the 25 fact that this state has become too dependent

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(518) 371-8910 1 on natural gas. And as a result, we're not 2 using a diversity of fuel sources that we 3 should, that other regions of the nation do, 4 and as a result they achieve competitive 5 prices that we are not achieving. 6 There is and exists new technology 7 being used in states like Maryland that are 8 achieving the same particulate emission levels 9 as the natural gas combustion facilities. So 10 I want to commend Senator Young for her 11 initiative. It truly is a step in the right 12 direction, and it's an important part of 13 New York State's energy future. 14 I'll be voting in the affirmative, 15 Madam President. 16 ACTING PRESIDENT LITTLE: Thank 17 you. Senator Wright will be recorded in the 18 affirmative. 19 Senator Oppenheimer, to explain 20 your vote. 21 SENATOR OPPENHEIMER: I'll be 22 voting in the negative. 23 And this really isn't knee jerk. 24 We all know that in New York State we are 25 trying to diminish the reliance that we have

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(518) 371-8910 1 on fossil fuel, and for very good reason. We 2 have a lot of illness coming from fossil fuel. 3 We have a lot of dead lakes coming from fossil 4 fuel. We have any number of major problems. 5 And we have to start to think differently. 6 The research -- there may be 7 research down the pike which will show us a 8 way to develop coal-burning furnaces that are 9 not going to pollute. We don't have that yet. 10 And there are ways that we can act right now 11 to start to meet our energy needs. One of 12 them is conservation. 13 If we all took it seriously -- and 14 I commend a movie to you, "An Inconvenient 15 Truth," which talks about environmental 16 warming. If we took conservation seriously, 17 we would not have to build plants at this 18 juncture. 19 But if we do build plants -- and 20 I'm not against building plants, but they have 21 to be plants that aren't going to make our 22 environment worse than it is now. It has to 23 be improved, this environment. The air we 24 breathe, the water we drink. And I think 25 efficiency is another avenue that is open to

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(518) 371-8910 1 every one of us. And we can have more 2 efficient usage in our homes, in our 3 factories, with just different types of 4 lighting -- there are any number of things 5 that can be done. 6 So conservation and efficiency is 7 the way to go. And maybe coal down the road 8 somewhere, when we have more scientific 9 evidence that can make it into a clean-burning 10 fuel. 11 I'll be voting no. 12 ACTING PRESIDENT LITTLE: Senator 13 Oppenheimer will be recorded in the negative. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 2063 are 18 Senators Breslin, Connor, Coppola, Diaz, 19 Dilan, Duane, Gonzalez, Klein, L. Krueger, 20 LaValle, Montgomery, Morahan, Onorato, 21 Oppenheimer, Padavan, Parker, Paterson, 22 Sabini, Savino, Schneiderman, Serrano, 23 A. Smith, M. Smith, Stachowski and Stavisky. 24 Absent from voting: Senators 25 Andrews, C. Kruger and Sampson.

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(518) 371-8910 1 Ayes, 33. Nays, 25. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 Senator Larkin. 5 SENATOR LARKIN: Madam President, 6 let's turn now to Calendar 2073, by Senator 7 Little. 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: In relation to 11 Calendar Number 2073, Senator Little moves to 12 discharge, from the Committee on Rules, 13 Assembly Bill Number 11924 and substitute it 14 for the identical Senate Bill Number 8372, 15 Third Reading Calendar 2073. 16 ACTING PRESIDENT LITTLE: The 17 substitution is ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2073, by the Assembly Committee on Rules, 21 Assembly Print Number 11924, an act to amend 22 the Tax Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 Senator Larkin. 9 SENATOR LARKIN: Madam President, 10 can we now return to motions and resolutions. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Fuschillo. 13 SENATOR FUSCHILLO: Madam 14 President, I wish to call up Senate Print 15 Number 8019, recalled from the Assembly, which 16 is now at the desk. 17 ACTING PRESIDENT LITTLE: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1652, by Senator Fuschillo, Senate Print 8019, 21 an act to authorize. 22 SENATOR FUSCHILLO: I now move to 23 reconsider the vote by which the bill was 24 passed. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Secretary will call the roll on 2 reconsideration of the vote. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 SENATOR FUSCHILLO: I now offer 6 the following amendments. 7 ACTING PRESIDENT LITTLE: The 8 amendments are received. 9 SENATOR FUSCHILLO: On behalf of 10 Senator Wright, I wish to call up Senate Print 11 8100, recalled from the Assembly, which is now 12 at the desk. 13 ACTING PRESIDENT LITTLE: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1767, by Senator Wright, Senate Print 8100, an 17 act to authorize. 18 SENATOR FUSCHILLO: I now move to 19 reconsider the vote by which the bill was 20 passed. 21 ACTING PRESIDENT LITTLE: The 22 Secretary will call the roll on 23 reconsideration of the vote. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

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(518) 371-8910 1 SENATOR FUSCHILLO: I now offer 2 the following amendments. 3 ACTING PRESIDENT LITTLE: The 4 amendments are received. 5 SENATOR FUSCHILLO: Thank you. 6 ACTING PRESIDENT LITTLE: Senator 7 Larkin. 8 SENATOR LARKIN: Madam President, 9 could we ask the members to stay relaxed for 10 few minutes, not to stray too far away, 11 because in another few minutes we will have 12 some more bills. 13 I'd also like to ask the members 14 not to get spread out so far that it takes us 15 25 or 30 minutes to get a vote. You're 16 supposed to be here when we have a vote, so 17 please abide by the rules. 18 ACTING PRESIDENT LITTLE: Thank 19 you. The Senate will stand at ease. 20 (Whereupon, the Senate stood at 21 ease at 5:43 p.m.) 22 (Whereupon, the Senate reconvened 23 at 5:59 p.m.) 24 SENATOR BALBONI: Madam 25 President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Balboni. 3 SENATOR BALBONI: We'd like to 4 take up the supplemental active list. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 I'd like to call the members' 8 attention to the supplemental active list of 9 Wednesday, June 21st. It begins with Calendar 10 Number 247 at the top of the list. 11 And the Secretary will read. 12 THE SECRETARY: Calendar Number 13 247, by Senator Maltese, Senate Print 3034A, 14 an act to amend the Administrative Code of the 15 City of New York. 16 ACTING PRESIDENT LITTLE: There 17 is a home-rule message at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 708, by Senator Young, Senate Print 7053A, an 4 act to amend the Soil and Water Conservation 5 Districts Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 180th day. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 722, by Senator Meier, Senate Print 5526B, an 18 act to legalize, validate, ratify and confirm. 19 ACTING PRESIDENT LITTLE: There 20 is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 848, by Senator LaValle, Senate Print 5604A, 7 an act to amend the Education Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1019, by Senator Young, Senate Print 7213A, an 20 act to amend the Agriculture and Markets Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 SENATOR YOUNG: Lay it aside for 24 the day. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 1081, by Senator Padavan, Senate Print 7830, 4 an act to amend the Administrative Code of the 5 City of New York. 6 ACTING PRESIDENT LITTLE: There 7 is 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 LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1331, by -- 19 SENATOR BALBONI: Lay it aside 20 for the day, please. 21 ACTING PRESIDENT LITTLE: The 22 bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 1335, by Senator Montgomery, Senate Print 25 3265A, an act authorizing the City of New York

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(518) 371-8910 1 to reconvey its interest. 2 ACTING PRESIDENT LITTLE: There 3 is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 5. This 6 act shall take effect immediately. 7 ACTING PRESIDENT LITTLE: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: In relation to 14 Calendar Number 1476, Senator LaValle moves to 15 discharge, from the Committee on Rules, 16 Assembly Bill Number 9891B and substitute it 17 for the identical Senate Bill Number 6812B, 18 Third Reading Calendar 1476. 19 ACTING PRESIDENT LITTLE: The 20 substitution is ordered. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1476, by Member of the Assembly Thiele, 24 Assembly Print Number 9891B, an act relating 25 to permitting.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1939, by Senator Bruno, Senate Print 8246, an 13 act authorizing the County of Saratoga. 14 ACTING PRESIDENT LITTLE: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2011, by Senator Larkin, Senate Print 8311, an 2 act authorizing the City of Newburgh. 3 ACTING PRESIDENT LITTLE: There 4 is a home-rule message at the desk. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 That completes the reading of the 15 noncontroversial bills on the supplemental 16 calendar. 17 Senator Balboni. 18 SENATOR BALBONI: Madam 19 President, could we stand at ease for a couple 20 of minutes, please. 21 ACTING PRESIDENT LITTLE: The 22 Senate stands at ease. 23 (Whereupon, the Senate stood at 24 ease at 6:06 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 6:21 p.m.) 2 SENATOR BALBONI: Madam 3 President. 4 ACTING PRESIDENT LITTLE: Senator 5 Balboni. 6 SENATOR BALBONI: May we return 7 to reports of standing committees and the 8 report of the Finance Committee, please. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Reports of standing committees. 12 The Secretary will read. 13 THE SECRETARY: Senator Johnson, 14 from the Committee on Finance, reports the 15 following nominations. 16 As a member of the State Liquor 17 Authority, Noreen Healey, of Brooklyn. 18 ACTING PRESIDENT LITTLE: Senator 19 Johnson. 20 SENATOR JOHNSON: Move the 21 nomination. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 The question is on the nomination 25 of Noreen Healey, of Brooklyn, as a member of

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(518) 371-8910 1 the State Liquor Authority. All in favor 2 please signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT LITTLE: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT LITTLE: Noreen 8 Healey is hereby confirmed as a member of the 9 State Liquor Authority. 10 She is accompanied today by family 11 members: her sister, Nancy Lewis; niece, 12 Kate; nephew, Thomas; and another niece, 13 Mikala. 14 Congratulations, Noreen Healey. 15 (Applause.) 16 ACTING PRESIDENT LITTLE: The 17 Secretary will read. 18 THE SECRETARY: As a member of 19 the State Board of Parole, Gerald J. Greenan, 20 III, Esquire, of West Seneca. 21 ACTING PRESIDENT LITTLE: Senator 22 Johnson. 23 SENATOR JOHNSON: Move the 24 nomination. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Volker. 3 SENATOR VOLKER: Madam President, 4 if I might just say quickly -- and it's 5 unfortunate we were not able to do it earlier, 6 but Jerry Greenan is a very close friend of 7 mine. 8 The only problem is -- Bill 9 Stachowski and I talked about it; a lot of 10 people in Western New York are talking about 11 it -- we think he'll be a great parole 12 commissioner, but we're going to really miss 13 him in the SLA. Because with the tremendous 14 decline in the numbers of people in the SLA, 15 and all the problems, he's been the guy who 16 really was the go-to guy in Western New York. 17 Extremely competent. He'll make a 18 great parole commissioner. I wish him the 19 very best of luck. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Nozzolio. 23 SENATOR NOZZOLIO: Thank you, 24 Madam President. On the nomination. 25 ACTING PRESIDENT LITTLE: On the

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(518) 371-8910 1 nomination. 2 SENATOR NOZZOLIO: I rise to add 3 my support to this nomination and to certainly 4 echo Senator Volker's comments that we in 5 Western New York have been very much 6 appreciative of the work that Jerry has done 7 in the past. 8 And that the Crime Victims, Crime 9 and Corrections Committee is very pleased with 10 his qualifications to serve in this new 11 capacity as parole commissioner. 12 I also wish to thank Congressman 13 Tom Reynolds, who was very supportive of this 14 excellent nomination. 15 Madam President, it's a fine public 16 servant that we have before us, and I look 17 forward to his continued stewardship in this 18 very important new capacity. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Stachowski. 22 SENATOR STACHOWSKI: Yes, Madam 23 President. I too am happy to rise and second 24 the nomination of Jerry Greenan. 25 Mr. Greenan lives in my district.

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(518) 371-8910 1 His family is very involved in the community, 2 also in public service. As Senator Volker 3 said, he did an outstanding job with the State 4 Liquor Authority. 5 And I know that all people that 6 have to deal with the State Liquor Authority 7 wish him well, but they're all concerned 8 whether they're going to get somebody to take 9 his place that will be as open and quick to 10 give a decision and fair as Mr. Greenan has 11 been. 12 And we think because of the great 13 job that he did there, and that he's done in 14 his other positions, that he'll be truly an 15 outstanding addition to the Parole Board, and 16 we think that -- we'd just like to 17 congratulate the Governor on such a fine 18 selection and congratulate Mr. Greenan and his 19 family on his new position. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Maziarz. 23 SENATOR MAZIARZ: Thank you very 24 much, Madam President. 25 I too want to rise and join with my

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(518) 371-8910 1 colleagues in seconding the nomination of 2 Jerry Greenan. It's, I think, extraordinary 3 that all of the seconders here on the floor 4 are saying the same thing, Jerry, that they're 5 congratulating you on your new position but 6 they're going to miss you at the SLA. 7 Because as all of us in this room 8 know, in our districts there are always issue 9 with the SLA. And nobody, nobody handled 10 those issues in Western New York and Buffalo 11 and in Rochester with more professionalism and 12 particularly with more speed than Jerry 13 Greenan did. When a constituent called with 14 an issue, we could always call up Jerry direct 15 and he would take care of the problem for the 16 elected officials at all levels of government. 17 This is an excellent appointment to 18 the Board of Parole. Jerry Greenan is fair, 19 he's honest, and I'm certain that he will 20 carry the same level of professionalism and 21 expertise in his new position as he did in his 22 old position. 23 Jerry, congratulations to you, 24 congratulations to your family. I know this 25 is a great day for you, and it's a great day

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(518) 371-8910 1 really for the citizens of New York State. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 The question is on the nomination 6 of Gerald J. Greenan, III, of West Seneca, for 7 a term as a member of the State Board of 8 Parole. All in favor signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT LITTLE: Those 11 opposed, nay. 12 (No response.) 13 ACTING PRESIDENT LITTLE: Gerald 14 J. Greenan, III, is hereby confirmed as a 15 member of the State Board of Parole. 16 He's accompanied today by his 17 family members: his wife, Thalia; son, Gerod; 18 and daughter, Natasha. 19 Congratulations, Jerry. 20 (Applause.) 21 SENATOR BALBONI: Madam 22 President. 23 ACTING PRESIDENT LITTLE: Senator 24 Balboni. 25 SENATOR BALBONI: Yes, before we

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(518) 371-8910 1 go to the next nomination, would you please 2 recognize Senator Connor. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Connor. 6 SENATOR CONNOR: Thank you, Madam 7 President. And thank you, Senator Balboni. 8 I'm sorry, my colleagues, I was on 9 the phone and the first one up was the 10 Governor's wonderful appointment to the State 11 Liquor Authority, Noreen Healey, who is a 12 constituent of mine, a neighbor of mine, a 13 fellow parishioner, and is an excellent 14 candidate for this position. 15 She served for five years in the 16 appeals bureau of the Brooklyn district 17 attorney, five years in the Queens district 18 attorney's appeals bureau, three years in the 19 Nassau appeals bureau, career prosecutor. She 20 is now the principal law clerk to a Supreme 21 Court justice in Brooklyn. 22 She satisfies something that many 23 of my colleagues in New York City and I asked 24 the Governor, in writing, community boards in 25 my district asked, we asked for the last

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(518) 371-8910 1 appointee and didn't get it. We asked again, 2 and we got someone from New York City 3 appointed to the State Liquor Authority. And 4 I'm doubly thrilled that it's someone from my 5 district. 6 As I've addressed on this floor 7 before, the East Village, the Lower East Side, 8 Soho, there's been problem with enforcement of 9 the 500-foot rule, with -- I went through it 10 before, you can find a three-or-four-block 11 stretch with something like 73 licensed 12 premises on it in the East Village. It's 13 created havoc for the residents. 14 We now have someone who's familiar 15 with the texture of New York City, the way 16 people live intermixed, these businesses 17 intermixed with residents. We have someone 18 who has the skills, brains and background to 19 address these issues. 20 I am just delighted. I 21 congratulate and thank the Governor for this 22 wonderful appointment. We will all be well 23 served by Noreen's service on the State Liquor 24 Authority. 25 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you, Senator Connor. We all join you again in 3 congratulating Noreen Healey on this 4 appointment. Thank you. 5 (Applause.) 6 The Secretary will read. 7 THE SECRETARY: As a member of 8 the State Board of Parole, G. Kevin Ludlow, 9 Esquire, of Clayville. 10 ACTING PRESIDENT LITTLE: Senator 11 Johnson. 12 SENATOR JOHNSON: Move the 13 nomination. 14 ACTING PRESIDENT LITTLE: Senator 15 Meier. 16 SENATOR MEIER: Thank you, Madam 17 President. 18 I'm pleased to rise to second the 19 nomination of G. Kevin Ludlow as a member of 20 the State Board of Parole. I have known Kevin 21 Ludlow and been proud to call him my friend 22 for more than 20 years. And he is no stranger 23 to this chamber, having served admirably on 24 the staffs of two of my predecessors, Senator 25 James Donovan and Senator William Sears.

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(518) 371-8910 1 Kevin has been a practicing 2 attorney in his community for many years, 3 where he's used his skill at the law not just 4 to make a living but to serve the community. 5 And I know his friends and mine at the 6 Willowvale Fire Department are especially 7 grateful for the way he gives so freely of his 8 time and his talent. 9 Kevin has had some previous 10 experience on the Parole Board. He went from 11 there over to the Commission on 12 Investigations, where I know he played a 13 particularly important role in that body's 14 very important work with regard to 15 investigating the plague of methamphetamine 16 use and production, particularly in our rural 17 areas. 18 He is a person of great character 19 and ability and someone for whom public 20 service is extremely important and a part of 21 what he views as among the most important 22 things we can all do in life. 23 He goes back now to the Parole 24 Board, where I know he will serve the people 25 of this state well. I'm proud to second his

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(518) 371-8910 1 nomination. 2 And, Kevin, we wish you well. 3 Congratulations. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Seward. 7 SENATOR SEWARD: Yes, thank you, 8 Madam President. I am very pleased to rise to 9 support the nomination of Kevin Ludlow to 10 return to the State Board of Parole. 11 I have known Kevin, as he pointed 12 out in the Finance meeting earlier today, for 13 about 32 years -- 1974, when we were both here 14 as Senate staffers. 15 And there's no question, as Senator 16 Meier has pointed out, that he has an 17 outstanding record both as a public servant, 18 as a practicing attorney. And he has been in 19 a variety of positions, as a Senate staffer, 20 the Investigations Commission, a previous 21 stint on the Parole Board, and now going back 22 to the Parole Board. 23 He's an outstanding public servant, 24 he's a great person of high character and 25 ability, just the right combination that we

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(518) 371-8910 1 need on the Parole Board to make those 2 important decisions. 3 So I'm very pleased, both 4 personally and professionally, to stand to 5 support the nomination of Kevin Ludlow. And I 6 congratulate the Governor on making this 7 nomination, and I congratulate Kevin on this 8 new assignment. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Nozzolio. 12 SENATOR NOZZOLIO: Thank you, 13 Madam President. I rise to support this 14 nomination and echo the comments of Senators 15 Meier and Seward. 16 I've only known Kevin Ludlow for 24 17 years, so I feel just a newcomer to this 18 acquaintance. 19 However, I know Kevin Ludlow has 20 been no stranger to the Crime Victims, Crime 21 and Corrections Committee, that he has been 22 before the committee on a number of occasions 23 in capacities regarding his first confirmation 24 for Parole and has been very well suited in 25 his -- as Senator Meier indicated, in his

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(518) 371-8910 1 capacities on the State Investigations 2 Commission. And that we are very, very 3 pleased that Kevin is coming back to Parole to 4 serve in that capacity. 5 That he is, as already noted, 6 grounded in the Legislature. And it's 7 important to have the connection between the 8 Executive and the Legislature, and I know 9 Kevin will help us in the future in order to 10 move the Parole Board ahead and make its 11 operations as efficient and effective as 12 possible. 13 It's an outstanding nomination, and 14 I'm proud to rise to support it. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 The question is on the nomination 18 of G. Kevin Ludlow, Esquire, of Clayville, for 19 a term as a member of the State Board of 20 Parole. All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT LITTLE: Those 23 opposed, nay. 24 (No response.) 25 ACTING PRESIDENT LITTLE: G.

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(518) 371-8910 1 Kevin Ludlow is hereby confirmed as a member 2 of the State Board of Parole. 3 Congratulations. 4 (Applause.) 5 ACTING PRESIDENT LITTLE: The 6 Secretary will read. 7 THE SECRETARY: As a member of 8 the Crime Victims Board, Joan A. Cusack, of 9 Staten Island. 10 ACTING PRESIDENT LITTLE: Senator 11 Johnson. 12 SENATOR JOHNSON: I'd like to 13 move the nomination. And I'd call upon 14 Senator Marchi, if you'd recognize him for a 15 second. Thank you. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Marchi. 19 SENATOR MARCHI: Madam President, 20 we have a terrific, terrific candidate for 21 this. Because, you know, in the notes that we 22 have, there are new appointments, so there's a 23 lot of elasticity in enumerating their 24 excellent qualities. 25 But I come better prepared than

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(518) 371-8910 1 that. This candidate has already served a 2 term. And we believe that one good term 3 deserves another. 4 (Laughter.) 5 SENATOR MARCHI: So I'm not going 6 to, you know, indulge in a lot of verbiage, 7 because that makes it all obvious. But I will 8 yield -- you know, this is the voice of the 9 people speaking. Senator Maltese will -- he 10 joined me, you know, he worked with me in 11 getting her nominated in the first place. 12 SENATOR MALTESE: Thank you, 13 Senator Marchi, Senator John Marchi. I guess 14 he leaves the excess verbiage to me. 15 (Laughter.) 16 SENATOR MALTESE: Senator Marchi 17 is a man of few words and immense knowledge 18 and experience. 19 Madam President, on the nomination 20 of Joan Cusack as chairman of the Crime 21 Victims Board. 22 Joan, of course, has served in that 23 capacity, and has served not only as a member 24 but as chairman. And in that capacity, 25 considering the fact that it was during that

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(518) 371-8910 1 hectic, terrible period of 9/11, she came to 2 the fore and was on duty with the members of 3 the Crime Victims Board. 4 On 9/12, she was in action, and in 5 that capacity not only served to give aid and 6 succor to the victims and their families but 7 was constantly there, available with her 8 staff, through a period of extreme sorrow. 9 Represented the Governor at funerals, memorial 10 services. And when people needed help and 11 assistance, she was there. 12 In the period that she has been 13 there, we can look at what has happened to the 14 Crime Victims Board, when we realize that 15 under her tutelage -- and in 1990, they gave 16 $9 million in awards. And in the most recent 17 year, they now have given $60 million to crime 18 victims. 19 Joan Cusack, of course, is 20 admirably qualified through the years, not 21 only as a board member but as an assistant to 22 the Staten Island borough president, Guy 23 Molinari, working as a personal assistant to 24 the New York State Court, the Appellate 25 Division, working as an assistant to

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(518) 371-8910 1 Congressman Guy Molinari, and in many, many 2 community service and Crime Victims Board. 3 She has brought a new perspective 4 to the Crime Victims Board. In that capacity, 5 she has gone out, she literally goes through 6 daily newspapers and brings to the attention 7 of the crime victims the services of the Crime 8 Victims Board. In the true sense of the word, 9 she is a public servant, not only a public 10 servant but somebody with a sympathetic 11 shoulder, immediately accessible. 12 And, as I've indicated, not only as 13 chairman, but she has imparted this same 14 spirit, this same activism, this same 15 dedication to the members of the board. They 16 are instantly available, not only to the crime 17 victims but to legislators that turn to them 18 for advice and counsel. 19 I commend the Governor, I join my 20 good colleague Senator John Marchi on 21 commending the Governor on this excellent 22 appointment and congratulating Joan Cusack on 23 her future confirmation by this body as 24 chairman of the Crime Victims Board. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you, Senator. 2 Senator Marchi. 3 SENATOR MARCHI: Madam President, 4 I just wanted to point out that when they come 5 from Staten Island -- we don't have very many 6 appointments to anything. But when we have 7 something, see, we -- we're not very demure 8 about it. So that we took the liberty, and he 9 did it so beautifully and wonderfully that I'm 10 really very happy about it. 11 And it's also bipartisan. We're 12 not partisan when it comes to Staten 13 Islanders. Diane Savino over here, Senator 14 Savino is also enthusiastic and wants to be 15 a -- join us in placing this name in 16 nomination from the people of Staten Island. 17 SENATOR SAVINO: That's right. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Savino. 21 SENATOR SAVINO: Thank you, Madam 22 President. 23 How do you follow Senator Marchi 24 after something like that? 25 I want to rise to commend the

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(518) 371-8910 1 Governor on this appointment, this 2 reappointment, and I want to echo the 3 sentiments of Senator Maltese and of course 4 Senator Marchi, who spoke so enthusiastically 5 about Joan Cusack, who has served with 6 distinction at the Crime Victims Board since 7 1995, when this body confirmed her and then 8 reappointed her in 1999. 9 But I want to say a bit about the 10 woman Joan Cusack. She is an example of what 11 public service is about. This is a woman who 12 took personal, painful experience and turned 13 it into a positive influence for thousands of 14 people around the state, offering that 15 sympathetic shoulder that Senator Maltese 16 talks about, being a member of the community, 17 one of the finest that Staten Island 18 represents. 19 And I am so proud to stand here 20 today and join Senator Marchi and the rest of 21 the Senate and say congratulations to Joan 22 Cusack on your reappointment. 23 Oh, and by the way, she is a 24 neighbor of mine, and she's a very good friend 25 of another close neighbor, the borough

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(518) 371-8910 1 president, James Molinaro, who's seated up 2 there in the gallery. 3 So welcome to you, Mr. Borough 4 President, and congratulations to you, Joan. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Nozzolio. 8 SENATOR NOZZOLIO: Thank you, 9 Madam President. On the nomination. 10 ACTING PRESIDENT LITTLE: I'm 11 sorry. 12 Senator Marchi. 13 SENATOR MARCHI: Staten Island is 14 doing this in style. And we have the borough 15 president, as she pointed out. I would have 16 done it, but I'm glad that you arrived there 17 firstest with the mostest. 18 So we're very happy to offer this 19 to the people of the State of New York. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 Senator Nozzolio. 23 SENATOR NOZZOLIO: Madam 24 President, I rise to support the nomination, 25 humbly so, following the venerable Senator

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(518) 371-8910 1 Marchi, an honor to do so in any capacity, an 2 honor that we certainly will be missing in the 3 weeks ahead. 4 And it is a great day to be 5 conominating or coendorsing your candidate, 6 Senator Marchi. 7 Joan Cusack has been an outstanding 8 member of the Crime Victims Board and that, as 9 was stated so well by Senator Maltese, but I 10 think bears repeating, that Joan Cusack 11 entered this capacity as one who rolled up her 12 sleeves and worked very hard to ensure that 13 justice would be provided to crime victims in 14 some small way for their compensation. 15 Justice delayed is justice denied, 16 and that is exactly what was happening for 17 those who made claims before the Crime Victims 18 Board. 19 Time and time again, Joan advised 20 us of what type of steps she was taking and 21 the board was taking to pursue aggressive 22 remuneration for those crime victims and to 23 eliminate the backlog and to provide access to 24 those claims and attention to those claims 25 absolutely as soon as possible.

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(518) 371-8910 1 Again, it is a pleasure that I 2 have, and one of the very nice things about 3 the Senate that we have the connection, 4 through this confirmation process, to provide 5 feedback and to work with the members of the 6 executive and particularly boards like the 7 Crime Victims Compensation Board, to be able 8 to interface and to work together to ensure 9 justice is not delayed. 10 Again, Senator Marchi, thank you 11 for your stewardship on this and many, many 12 other matters. 13 But Joan Cusack is a tremendous 14 nominee, a tremendous public servant, and one 15 that I know the Crime Victims, Crime and 16 Corrections Committee is very pleased to 17 endorse again for renomination. 18 Thank you, Madam President. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Maziarz. 22 SENATOR MAZIARZ: Thank you. 23 Very briefly, Madam President. 24 Joan, if you have the endorsement 25 of Senator Marchi in this chamber, you don't

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(518) 371-8910 1 need anything else. That's really all you 2 need here. And you've had it several times 3 tonight, I might add. 4 I just want to say that on behalf 5 of constituents, I've interacted with the 6 Crime Victims Board under your leadership, and 7 it has always been in a professional, caring 8 manner for crime victims, those people who 9 through no fault of their own have suffered 10 traumatic experiences. 11 And I just want to rise to second 12 this nomination. It's an excellent 13 nomination. You do a great job and will 14 continue to do a great job. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Golden. 18 SENATOR GOLDEN: Thank you, Madam 19 President. 20 It's a privilege to rise for Joan 21 Cusack and her reappointment as a member of 22 the Crime Victims Board. 23 I'm sure justice has been done to 24 her by many of my members here today on the 25 floor. She's done a great job and she's been

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(518) 371-8910 1 a great lady, and the Governor has made a 2 great appointment. 3 And of course she comes well 4 staffed here, with the borough president of 5 Staten Island, Jim Molinaro. 6 And thank you, sir, for joining us 7 in these chambers today. 8 But Joan is a little special. She 9 grew up in my community, her mom grew up in my 10 community. And not because it's in my 11 community, but this lady would come out to 12 victims, to their homes, and talk to them and 13 come to my office and other offices in the 14 city of New York to assist those that were 15 victims and to make sure that we in government 16 at the city and state level moved, to make 17 sure that we took care of those issues. 18 Joan, you're a win for us. Thank 19 you. And the Governor made a great choice. 20 Congratulations. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The question is on the nomination 24 of Joan A. Cusack, of Staten Island, for a 25 term as a member of the Crime Victims Board.

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(518) 371-8910 1 All those in favor signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT LITTLE: Those 4 opposed, nay. 5 (No response.) 6 ACTING PRESIDENT LITTLE: Joan A. 7 Cusack is hereby confirmed as a member of the 8 Crime Victims Board. 9 And she's accompanied here tonight 10 by her son, Robert, and by the borough 11 president, James Molinaro. 12 Congratulations, Joan. 13 (Applause.) 14 ACTING PRESIDENT LITTLE: 15 Obviously a very proud son. 16 The Secretary will read. 17 THE SECRETARY: As a member of 18 the Metropolitan Transportation Authority, 19 Jeffrey A. Kay, of Bayside. 20 ACTING PRESIDENT LITTLE: Senator 21 Johnson. 22 SENATOR JOHNSON: Move the 23 nomination. 24 ACTING PRESIDENT LITTLE: Senator 25 Stavisky.

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(518) 371-8910 1 SENATOR STAVISKY: Madam 2 President, very briefly. 3 Mr. Kay is the appointee of the 4 Mayor to the MTA board. He is not a newcomer 5 to Albany; he served in the Mayor's 6 legislative office, and he serves currently as 7 the director of the Mayor's office of 8 operations. 9 And I know everybody here wants to 10 congratulate Mr. Kay on his appointment. 11 Thank you. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Golden. 15 SENATOR GOLDEN: Jeffrey Kay is 16 another great appointment here by our 17 Governor, and by the Mayor of the City of 18 New York, as a member of the Metropolitan 19 Transportation Authority. 20 Jeffrey did work here in the state 21 for the Mayor of the City of New York, as his 22 chief of staff, and today is working for the 23 Mayor in City Hall. And he's been able to try 24 and bring across what the Mayor needs to be 25 done for the City of New York, and has done a

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(518) 371-8910 1 great job. 2 What we've seen Jeffrey do here at 3 the state level for the city, and what he will 4 be able to do for the MTA, he'll be able to 5 move that MTA where I believe it has to go. 6 We congratulate Jeffrey, and we thank the 7 Mayor for this great nomination. 8 Jeffrey, congratulations, and thank 9 you for being part of the MTA and driving it 10 in the right direction. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The question is on the nomination 14 of Jeffrey A. Kay, of Bayside, for a term as a 15 member of the Metropolitan Transportation 16 Authority. All those in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT LITTLE: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT LITTLE: Jeffrey 23 A. Kay is hereby confirmed as a member of the 24 Metropolitan Transportation Authority. 25 Congratulations, Jeffrey.

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(518) 371-8910 1 (Applause.) 2 ACTING PRESIDENT LITTLE: The 3 Secretary will read. 4 THE SECRETARY: As a member of 5 the Board of Trustees of the City University 6 of New York, Philip A. Berry, of New York 7 City. 8 ACTING PRESIDENT LITTLE: Senator 9 Johnson. 10 SENATOR JOHNSON: Move the 11 nomination. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Ada Smith. 15 SENATOR ADA SMITH: Thank you, 16 Madam President. I rise to second the 17 nomination of the Philip Berry as a member of 18 the Board of Trustees of the City University 19 of New York. 20 As a graduate of City University 21 several times, I know the importance of having 22 knowledge someone that has knowledge of the 23 institution, and Philip certainly has that. 24 He has been involved in many aspects of the 25 community, in the city, and he brings that

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(518) 371-8910 1 knowledge as well as his knowledge of being in 2 the corporate world to this position. 3 And I know that he will do well, 4 and I commend the Governor for this 5 appointment. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 The question is on the nomination 9 of Philip A. Berry, of New York City, for a 10 term as a member of the Board of Trustees of 11 the City University of New York. All those in 12 favor signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT LITTLE: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT LITTLE: Philip 18 A. Berry, of New York City, is hereby 19 confirmed as a member of the Board of Trustees 20 of the City University of New York. 21 Congratulations. 22 (Applause.) 23 ACTING PRESIDENT LITTLE: The 24 Secretary will read. 25 THE SECRETARY: As a member of

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(518) 371-8910 1 the Board of Trustees of the City University 2 of New York, Frieda Foster-Tolbert, of 3 New York City. 4 ACTING PRESIDENT LITTLE: Senator 5 Johnson. 6 SENATOR JOHNSON: Move the 7 nomination. 8 ACTING PRESIDENT LITTLE: Senator 9 Paterson. 10 SENATOR PATERSON: Madam 11 President, Senator Johnson is so accurate and 12 swift, I didn't want the moment to go by 13 without Senator Johnson recognizing that 14 Frieda Foster-Tolbert is from his alma mater 15 and mine, of Hofstra University. 16 She received her B.A. there in 17 1992, has gone on to get an M.W.S. from the 18 University of Wisconsin, and has gone on to 19 the Governor's office as an assistant in the 20 area of African-American affairs and also now 21 serves as the deputy director for 22 communications for the Governor's office. 23 Served very well in all of those capacities. 24 And we are delighted, all of us, 25 Senator Ada Smith and myself and people who

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(518) 371-8910 1 watched her throughout her entire career, we 2 are very proud of her. And we are elated that 3 the Governor would put her name in nomination 4 at this time, someone who is steadfast, 5 disciplined, and tends to her deliberations 6 with the greatest of exuberance and energy. 7 And we think that she'll bring that 8 to the field of education on the board of the 9 City University of New York and will take that 10 knowledge in a way that will benefit all of 11 the young people who will matriculate in that 12 system, giving back to those who made it 13 possible for her to be as successful as she's 14 been. 15 So I'm very happy to second this 16 nomination. And I know that when this is 17 over, that an alumni like Senator Johnson is 18 going to go up there and congratulate her 19 personally. 20 Thank you. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Ada Smith. 24 SENATOR ADA SMITH: Thank you, 25 Madam President.

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(518) 371-8910 1 I rise to second the nomination of 2 Frieda Tolbert. And I say that with love, 3 even though I think the one mistake she made 4 was in getting married to Terrance. And she 5 has never made another mistake. And that's 6 said lovingly and jokingly. 7 Frieda will be a wonderful addition 8 to the board of trustees of City University. 9 She has been involved in activities of City 10 University. She understands the problems of 11 the young people because she too is young. 12 She understands how they can 13 sometimes not be able to afford the minimal 14 tuition of the City University. She 15 understands the problems of those who are 16 working and attempting to get an education. 17 And I know that she will take all 18 of this into consideration while deliberating 19 as a member of the board of trustees. 20 ACTING PRESIDENT LITTLE: Thank 21 you, Senator. 22 The question is on the nomination 23 of Frieda Foster-Tolbert, of New York City, 24 for a member of the Board of Trustees of the 25 City University of New York. All in favor

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT LITTLE: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT LITTLE: Frieda 7 Foster-Tolbert is hereby confirmed as a member 8 of the Board of Trustees of the City 9 University of New York. 10 She is accompanied tonight by her 11 husband, Terrance. 12 And congratulations. 13 (Applause.) 14 ACTING PRESIDENT LITTLE: The 15 Secretary will read. 16 THE SECRETARY: As a member of 17 the Board of Trustees of the New York State 18 Higher Education Services Corporation, Richard 19 Saunders, of Glens Falls. 20 ACTING PRESIDENT LITTLE: Senator 21 Johnson. 22 SENATOR JOHNSON: Move the 23 nomination. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 And if I may, I would like to speak 2 about Richard Saunders, who is joining us here 3 tonight. 4 He is certainly the youngest 5 appointee that we have with us. He is a 6 student at Adirondack Community College, a 7 member of the student council, has been active 8 at Glens Falls High School, where he graduated 9 as president of the student council, and comes 10 from a long family of public service. 11 His grandmother, Kay Saunders, 12 served on the city council in Glens Falls for 13 16 years and was active in many other 14 committees, as was his grandfather. His 15 father was on the county board of supervisors. 16 So it's no surprise that Richard 17 Saunders is willing to take a position and 18 work in public service. He is an Eagle Scout 19 and very proud of that. And I know he will do 20 a fine job as he finishes his education at 21 Adirondack Community College and then 22 continues to get a four-year degree here in 23 New York State. 24 Therefore, I am very pleased to 25 second the nomination of Richard Saunders for

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(518) 371-8910 1 this position. 2 The question is on the nomination 3 of Richard Saunders as a member of the Higher 4 Education Services Corporation Board of 5 Trustees. All in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT LITTLE: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT LITTLE: Richard 11 Saunders is hereby confirmed as a member of 12 the Higher Education Services Corporation 13 Board of Trustees. 14 Congratulations, Richard. 15 (Applause.) 16 ACTING PRESIDENT LITTLE: Senator 17 Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could go to Supplemental Calendar 20 Number 60A and take up Calendar Number 2046 on 21 the controversial calendar. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2046, by Senator Skelos, Senate Print 8441, an 2 act to amend the Criminal Procedure Law and 3 the Civil Practice Law and Rules. 4 ACTING PRESIDENT LITTLE: Senator 5 Skelos. 6 SENATOR SKELOS: Madam President, 7 is there a message of necessity at the desk? 8 ACTING PRESIDENT LITTLE: Yes, 9 there is, Senator. 10 SENATOR SKELOS: Move to accept. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 All those in favor of accepting the 14 message of necessity please signify by saying 15 aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT LITTLE: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT LITTLE: The 21 message is accepted. 22 Read the last section. 23 SENATOR SCHNEIDERMAN: Lay it 24 aside. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is laid aside. 2 SENATOR SKELOS: Madam President, 3 can we call up Calendar 2048. 4 ACTING PRESIDENT LITTLE: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 2048, by Senator Skelos, Senate Print 8446, an 8 act to amend the Executive Law. 9 ACTING PRESIDENT LITTLE: Senator 10 Skelos. 11 SENATOR SKELOS: Is there a 12 message of necessity at the desk? 13 ACTING PRESIDENT LITTLE: Yes, 14 there is. 15 SENATOR SKELOS: Move to accept. 16 ACTING PRESIDENT LITTLE: Thank 17 you. All those in favor of accepting the 18 message of necessity please signify by saying 19 aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT LITTLE: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT LITTLE: The 25 message is accepted.

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(518) 371-8910 1 Read the last section. 2 SENATOR SCHNEIDERMAN: Lay it 3 aside. 4 ACTING PRESIDENT LITTLE: The 5 bill is laid aside. 6 SENATOR SKELOS: Madam President, 7 can we call up Calendar Number 2049. 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 2049, by Senator Skelos, Senate Print 8450, an 12 act to amend the Public Health Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Skelos. 15 SENATOR SKELOS: Is there a 16 message of necessity at the desk? 17 ACTING PRESIDENT LITTLE: Yes, 18 there is. 19 SENATOR SKELOS: Move to accept. 20 ACTING PRESIDENT LITTLE: Thank 21 you. 22 All those in favor of accepting the 23 message of necessity please signify by saying 24 aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Those 2 opposed, nay. 3 (No response.) 4 ACTING PRESIDENT LITTLE: The 5 message is accepted. 6 Read the last section. 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 ACTING PRESIDENT LITTLE: The 10 bill is laid aside. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 if we could ring the bills to notify the 14 members that we're going to the controversial 15 calendar. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 The Secretary will ring the bell. 19 Senator Skelos. 20 SENATOR SKELOS: Please call up 21 Calendar Number 2046. 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 2046, by Senator Skelos, Senate Print 8441, an

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(518) 371-8910 1 act to amend the Criminal Procedure Law and 2 the Civil Practice Law and Rules. 3 SENATOR SCHNEIDERMAN: 4 Explanation. 5 ACTING PRESIDENT LITTLE: Thank 6 you. 7 Senator Skelos, for an explanation. 8 SENATOR SKELOS: Thank you, Madam 9 President. 10 I want to explain this legislation 11 two ways. The first is really the legalese 12 clinical explanation. 13 And basically, it would eliminate 14 the criminal statute of limitations for 15 Class B sex offenses, rape, and provide for 16 five-year statute of limitations on civil 17 actions based upon the same offense, measured 18 either from the date of the incident or from 19 the date of termination of a criminal 20 proceeding. 21 The civil cause of action in cases 22 based upon the termination of criminal 23 proceedings can only be brought against the 24 perpetrator or an accomplice. 25 This is very similar to

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(518) 371-8910 1 legislation, although not exactly the same, 2 which I've sponsored for the past 10 years. 3 Now, really what it means, it's 4 about this Legislature doing the right thing. 5 It's about bringing the opportunity of justice 6 for women who have been raped, which is 7 probably the most degrading, heinous thing 8 that can happen to an individual. 9 For too long in the state of 10 New York women have not been able to receive 11 justice because of a ridiculous, insensitive 12 and really obscene five-year statute of 13 limitations. So basically, if that time 14 passed and the perpetrator is found, there is 15 no justice for that woman. 16 I'd like to give one example, if I 17 can find it here -- well, I don't think it's 18 necessary to give the example. It's basically 19 that, as I said, many times we have 20 individuals that have committed multiple 21 rapes, other crimes, and because of the 22 statute of limitations and also -- and that's 23 the next bill we will bring up -- the 24 inability of law enforcement to take certain 25 DNA samples, these people have gone

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(518) 371-8910 1 unpunished. 2 The example I wanted to give 3 occurred in Rochester. Late in the fall of 4 1995, three girls, aged 12, 13, and 17, were 5 sexually assaulted in separate incidents. 6 Police linked them together through DNA. In 7 1996, Keith Laster, who was subsequently found 8 to be the perpetrator of these crimes, was 9 convicted of a misdemeanor drug possession 10 that did not require offenders to submit a DNA 11 sample. In 1997, another 13-year-old girl was 12 raped. DNA linked this crime to the previous 13 rapes. Five years later, prosecutors filed a 14 John Doe indictment. 15 Finally, in 2004, Laster was 16 arrested for another rape in Alabama and his 17 DNA was taken. His DNA sample matched those 18 collected from the 1995 and '97 rapes as well 19 as an additional Rochester rape in 1993. The 20 1993 rape could not be prosecuted because the 21 statute of limitations had expired. 22 This is what this legislation is 23 about. With the progress that we've had in 24 technology and DNA, there is absolutely no 25 reason why this statute of limitations of five

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(518) 371-8910 1 years should remain on the books. 2 I want to thank my colleagues on 3 both sides of the aisle and certainly in the 4 Assembly, and Assemblywoman Paulin, who is my 5 cosponsor in the Assembly, for this 6 opportunity to pass legislation and to point 7 out that if the statute of limitations has not 8 expired in rape cases, that will be unlimited 9 now, rather than five years. 10 Unfortunately, for those where the 11 statute of limitations has expired, there will 12 not be justice. But certainly for so many 13 women who have suffered this injustice, they, 14 I hope, will be more understanding that today 15 we are doing the right thing and other women 16 will not have to suffer the injustice that 17 they have. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Volker. 21 SENATOR VOLKER: Thank you, Madam 22 President. 23 My congratulations to you, Senator 24 Skelos. And of course obviously we have to 25 thank Senator Bruno, who has persisted in this

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(518) 371-8910 1 matter, along with this house. 2 The sad part of this -- and I think 3 maybe tomorrow I'll call former Assemblywoman 4 Melinda Katz, who I think is -- isn't she in 5 the City Council now? I believe. Years ago, 6 Assemblywoman Melinda Katz and I sponsored a 7 bill which essentially would virtually -- it 8 wouldn't entirely eliminate the statute but 9 give a lot of latitude to prosecute these 10 cases. And the reason we didn't recommend 11 eliminating the statute, we knew the Assembly 12 wouldn't accept it. 13 The tragedy of it was -- and we 14 held hearings across the state, in New York 15 City. In fact I think David Paterson asked us 16 to go to Harlem, which we did. I think we 17 went to Suffolk County, Buffalo, we did 18 hearings here. 19 Unfortunately, in the end, the 20 Assembly wouldn't pass the criminal statute of 21 limitations change, they only wanted to do the 22 civil. And they were more than willing to 23 allow civil prosecution of people who were 24 accused in old rape cases. 25 Personally, I thought that was

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(518) 371-8910 1 pretty outrageous, because if you're going to 2 do that you should certainly have the ability 3 to deal with somebody criminally. The 4 American system is not to punish by money, 5 something we sometimes forget; the American 6 system is to punish people criminally for 7 acts. Not to punish them by some sort of way 8 of saying, well, how much is a life worth, how 9 much is anything worth. 10 The truth is -- and as somebody who 11 investigated hundreds of rape cases, I once 12 was -- I oversaw a rape investigation when I 13 was a police officer. I can tell you, the 14 worst part of the whole investigation was the 15 result of what happened to the people who were 16 raped. I came here in part because we 17 couldn't get convictions for rape first 18 virtually anyplace in the state. We couldn't 19 in Erie County, I know that. 20 We changed the law several years 21 after I was here to eliminate the 22 corroboration issue. We have changed 23 dramatically so that now women can get 24 convictions a great deal of the time. 25 But more than that, now, Senator

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(518) 371-8910 1 Skelos with this bill has set up a situation 2 where the protection for people who are 3 attacked, sometimes by people that have 4 absolutely no conscience, we'll be able to 5 prosecute them. 6 So my congratulations, Senator 7 Skelos. Thank you for persisting. It's a 8 shame that we couldn't have done this many 9 years ago, because the Assembly was reluctant 10 to do it. Because had we done it, the 11 situation might be a lot different today. 12 But there's no sense in looking 13 back. We're going to look forward. And this 14 bill will have a major effect, I believe, on 15 the criminal justice system. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Klein. 19 SENATOR KLEIN: On the bill, 20 Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you. Senator Klein, on the bill. 23 SENATOR KLEIN: I want to thank 24 Senator Skelos. 25 But I think probably more

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(518) 371-8910 1 importantly, I want to thank the advocates. I 2 think the group that put in a tremendous 3 amount of effort and time on this issue is the 4 National Organization of Women. They have 5 made this, over the last year, their 6 number-one priority. 7 I may not have as long on this bill 8 as Senator Skelos or Senator Volker. I 9 introduced this identical bill when I was an 10 Assembly member back in 2002. I think the 11 time then was to pass this, as it is now. I 12 think we lost a lot of time. And I think it's 13 worth repeating some of the statistics. 14 In 2005, just in New York City 15 alone, over 802 cases went beyond the 16 five-year statute. This year, just in 2006, 17 even though it's not ended yet, another 687 18 cases. That's over 1400 cases in New York 19 City, those cases will never be prosecuted. 20 The number is close to 2400 in the State of 21 New York. 22 So while I'm very, very happy that 23 we're finally doing this legislation -- and I 24 think it goes to show you that when you apply 25 some pressure and you're very, very vocal on

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(518) 371-8910 1 an issue, it really does matter. The right 2 thing, the best thing will ultimately happen, 3 and that's certainly the example here. 4 I held a hearing on this issue 5 earlier in the year where many of my 6 colleagues attended that hearing. And at that 7 time -- I think it's worth repeating a story 8 about another very, very brave woman by the 9 name of Kathleen Hamm. Many of you may have 10 read her story in the newspapers, seen it on 11 TV. She was raped over 30 years ago. And 12 what happened at the time was, believe it or 13 not, at that time our rape laws were so 14 archaic that you had to actually prove 15 resistance. A woman actually had to prove 16 that she had bruises and that she resisted her 17 attacker. 18 Needless to say, there was a hung 19 jury in the case. While that case was going 20 on, this man -- this sexual predator, I should 21 say -- raped somebody else. During that trial 22 he fled and he jumped bail, never to be seen 23 again. 24 Well, he turned up about 25 years 25 later in Atlanta trying to buy a gun. They

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(518) 371-8910 1 did a background check, they found the 2 outstanding warrant on the two cases where he 3 fled. And because of the fine work of a 4 New York City detective, they found some 5 evidence and had a positive DNA match. 6 This individual not only committed 7 the rape against Kathleen Hamm and others in 8 New York City but was also responsible for 25 9 rapes in Maryland. We now know that he was 10 known as the Silver Spring rapist, someone who 11 they compared to Jack the Ripper and the 12 Boston Strangler. 13 The only reason why Kathleen Hamm 14 was able to get justice is because her case 15 stopped because it was being prosecuted. So 16 we were able to actually prosecute him under 17 New York law, because the statute was stopped. 18 Unfortunately, the three others aren't so 19 lucky. But at the same time, Kathleen Hamm I 20 think has been very, very brave in advocating 21 to make sure that we get rid of the five-year 22 statute. 23 I think while we had this law on 24 the books we were sending a very disturbing 25 message to women all over New York State. We

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(518) 371-8910 1 were telling them that the crime of rape is 2 not as serious as the crime of murder, the 3 crime of kidnapping, the crime of arson and 4 certain drug crimes, all crimes that have no 5 statutory limitation. 6 So I'm proud to say that I think my 7 colleagues -- myself, Senator Savino -- have 8 worked very, very hard I think in a bipartisan 9 fashion. And as I said earlier, every once in 10 a while we really do do the right thing. 11 And I think the women of the State 12 of New York are much safer and at the same 13 time I think by passing this legislation today 14 we stop giving a get-out-of-jail-free card to 15 rapists and we finally recognize the crime of 16 rape for the heinous crime it is. 17 I want to again thank Senator 18 Skelos for sponsoring this bill. And of 19 course, Madam President, I'm proud to vote 20 yes. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Malcolm Smith. 24 SENATOR MALCOLM SMITH: Thank you 25 very much, Madam President. I rise to speak

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(518) 371-8910 1 on the bill. 2 ACTING PRESIDENT LITTLE: On the 3 bill. 4 SENATOR MALCOLM SMITH: And I do 5 want to acknowledge Senator Skelos's hard work 6 on this particular measure. 7 Since I have been in this body, 8 every year I've had advocates come and lobby 9 myself around this particular issue. And I 10 will tell you, there is nothing more painful 11 to have someone come before you and explain 12 the event that happened to them; however, 13 given the laws that we had on the books, they 14 were not allowed to come forward and press 15 charges on that individual. 16 One such story was a young lady 17 who -- and you understand some of the 18 tradition of family in the past. What would 19 happen is in a situation where there was a 20 rape, the family themselves would be so 21 embarrassed and ashamed they would not want 22 anyone in that particular neighborhood or 23 community or even their family to know about 24 it. So it would not go reported. However, 25 the psychological impact that would have on

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(518) 371-8910 1 that individual was long-lasting. 2 And there are a number of cases of 3 individuals in the district that I have been 4 allowed to represent out in the Rockaways, the 5 Daughters of Victory, who have come forward 6 and said, please, please allow us to be able 7 to come back and file charges against these 8 individuals to get them off the street. 9 This is a bill which the time has 10 come, there's no question about it. I know 11 Senator Savino and obviously Senator Klein 12 have done some work on it; they should be 13 proud of it as well. 14 Senator Skelos, who has been 15 diligent on this matter -- it is not an easy 16 bill. It is not one that we like to talk 17 about, because it's not the type of bill that 18 one wants to bring up situations that are very 19 heart-wrenching. 20 But obviously, with his tenacity, 21 with support of on both sides of the aisle, 22 this is a day that we can at least go home -- 23 and I know the other day the papers reported 24 us, talked about how we did a lot of things on 25 the floor of the Senate and one of the things

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(518) 371-8910 1 we did was do a bill about beer. And while 2 that might have been interesting for some, it 3 might have been embarrassing for others. 4 Well, I'm proud to be able to go 5 home this week and talk about how we did a 6 responsible bill, one that deals with the 7 elimination of the statute of limitations in 8 situations where there was rape. 9 And, Senator Skelos, again, to you, 10 Senator Klein, Senator Savino, for your 11 diligence and your forthrightness. This is a 12 great day for the women of this state. It's a 13 great day for us as individuals to be proud 14 about doing something that's right for the 15 people of this state. And I vote aye. 16 ACTING PRESIDENT LITTLE: Thank 17 you, Senator. 18 Senator LaValle. 19 SENATOR LaVALLE: Thank you, 20 Madam President. 21 I certainly rise to compliment 22 Senator Skelos on his work, persistence, and 23 focus. 24 And I just wanted to briefly talk 25 about the hearing that Senator Volker had

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(518) 371-8910 1 many, many years ago in the County of Suffolk 2 on this very, very issue. I remember, after a 3 three-to-four-hour hearing on this matter, 4 listening to people testify who, when they 5 were very, very young, were attacked sexually 6 and for some reason put it in the recess of 7 their mind and literally squashed it until one 8 day there was some -- something that happened 9 that made the incident come vividly to life. 10 And in this bill, in the civil part 11 it talks very specifically about recovering 12 for not only physical but psychological 13 damage. And many children have been damaged 14 psychologically and live day to day not 15 knowing what happened to them until something 16 triggers that incident that happened to them. 17 So I think this legislation is well 18 overdue. And it's great to see, as we are 19 talking about this, that so many people in so 20 many ways contributed to this bill coming to 21 the floor and this bill passing in the 22 Assembly. I think it will be very, very 23 helpful not only to people who are grown up 24 who have been raped but for children who have 25 been abused by serial individuals committing

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(518) 371-8910 1 these heinous crimes against humanity. 2 So, Senator Skelos, congratulations 3 on this day. It will have a great impact in 4 our society and be helpful to the children of 5 our state. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Madam 10 President, on the bill. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Nozzolio, on the bill. 13 SENATOR NOZZOLIO: I rise to add 14 my voice to the chorus that has joined in 15 support of this legislation. 16 I particularly wish to thank 17 Senator Skelos as we have established a zero 18 tolerance for violence in this house in this 19 state. We have, over the past few years, sent 20 a message through the criminal laws of our 21 state that we will no longer tolerate violence 22 in our society. 23 Senator Skelos last year worked 24 very hard, along with a number of members in 25 this Senate chamber, to update, codify changes

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(518) 371-8910 1 in Megan's Law, to protect children. The 2 bottom line is to protect children. 3 This measure sends a very clear 4 signal to those who have perpetrated the crime 5 of rape: You can run, but you can't hide. 6 That this legislation that we're enacting 7 today, brought to us through tough 8 negotiations, our Senate, led by Dean Skelos, 9 that we send the message to rapists that if 10 you commit the crime, sooner or later you will 11 do the time. That you will no longer have the 12 opportunity to hide and hope that your cold 13 case will never be resuscitated and that you 14 can relieve yourself of the responsibilities 15 that this type of heinous behavior entails, 16 and will be judged. 17 I only wish that we had seen this 18 before victims occurred that never found the 19 perpetrator or that found the perpetrator but 20 couldn't convict them. This will prevent that 21 from occurring in the future. And also with a 22 measure that hopefully will be decided very 23 shortly, expanding the DNA database, that this 24 will, taken together, be the one-two punch 25 necessary to protect more innocents in our

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(518) 371-8910 1 society. 2 Again, thank you, Senator Skelos. 3 I thank my colleagues for supporting this 4 measure. Madam President, it is certainly an 5 outstanding addition to our criminal law. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Marcellino. 9 SENATOR MARCELLINO: Thank you, 10 Madam President. 11 I also want to rise to thank my 12 colleague and good friend Dean Skelos for his 13 stick-to-it-iveness, his caring for the people 14 of this state. 15 In spite of everything -- in spite 16 of delays, in spite of, in some cases, 17 nonsupport in the other chamber -- Dean has 18 been there for the women of this state and 19 stood up and said although this crime is a 20 difficult one at best to prove, never easy, 21 we're not going to give these rapists the 22 opportunity to avoid the law and evade the 23 law. 24 By passing this bill, as Senator 25 Nozzolio rightly just said, the word goes out:

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(518) 371-8910 1 There is no place you can hide, there is no 2 time frame in which can you avoid punishment. 3 With new technology, we're going to get you, 4 we're going to prove your guilt, and we're 5 going to put you away to the fullest extent of 6 the law and punish you. 7 If this was the only piece of 8 legislation that ever come out of this chamber 9 this year, I would consider this an extremely 10 good year. This is a positive, positive piece 11 long overdue. Long overdue. 12 And again, I want to thank Senator 13 Skelos, Senator Bruno, and the members of this 14 house, both sides. This bill is a must. This 15 bill is truly a significant piece of 16 legislation. And I will proudly vote aye for 17 this bill. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Savino. 21 SENATOR SAVINO: Thank you, Madam 22 President. I rise to enthusiastically support 23 this bill. 24 And I want to thank Senator Skelos 25 for his leadership, Senator Volker, Senator

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(518) 371-8910 1 Klein, the advocates, the district attorneys 2 around the state, and everybody who 3 participated in making this moment possible. 4 When I first got elected -- just 5 two years ago, now -- you try and identify 6 some of the issues that you'd like to work on, 7 things that you think are important, the 8 impact that you'd like to have on public 9 policy. This was an issue that for me I felt 10 was critically important. 11 And I was very happy to see that 12 there were other people already in this 13 chamber who had been working on it for a very 14 long time, coming up against roadblocks, 15 though, meeting opposition -- and meeting 16 opposition sometimes from some of the 17 strangest places. 18 I've had some incredibly difficult 19 arguments with people who have said to me that 20 they don't think it makes sense to lift the 21 statute of limitations on rape, that women 22 shouldn't be allowed to pursue justice after 23 so many years. And not one of those people 24 has been able to explain to me why I could 25 pursue justice if you burn down my house but

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(518) 371-8910 1 not if I was the victim of a violent sexual 2 assault. 3 Rape is a woman's greatest fear. 4 It is the one time we are rendered completely 5 unable to protect ourselves. And if, God 6 forbid, it happens to you -- and I can say 7 thank heavens I have never experienced that. 8 But if it did, I would like to know that I had 9 the opportunity to seek justice, whether it 10 was one year, five years, 10 years, or 11 50 years. 12 So I want to say that right now I 13 am proud of this Legislature. I'm not always 14 proud of us. Sometimes we are dysfunctional. 15 But we aren't right now. We have rectified a 16 grievous wrong, and we have given women the 17 opportunity to have justice and stop being 18 victimized twice by the criminal justice 19 system. So today we can very proud of what we 20 have done. 21 And I want to thank everybody for 22 their part in this. And I am happy to say 23 that I took some small part in this. But 24 thank you to Senator Skelos, to Senator Klein, 25 to Senator Volker, to the advocates, the

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(518) 371-8910 1 district attorneys, and every member of this 2 chamber. Thank you. I'm voting for this 3 bill. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Duane. 7 SENATOR DUANE: Thank you, Madam 8 President. 9 While this bill is excellent and 10 needed, today's passage of this legislation is 11 also bittersweet. Even though victims can get 12 redress in civil court for five years from the 13 termination of the criminal proceeding on the 14 crime, there is no one year from the enactment 15 of the legislation, like California has, for 16 civil redress for victims who were victimized 17 in the past. 18 Now, this bill works really well if 19 the perpetrators are alive. But we don't try 20 dead people. And so for those victims of 21 people who are now dead, the civil redress, 22 unfortunately, is five years from never. And 23 hundreds or maybe thousands of sex abuse 24 victims will not get their day in civil court, 25 and, unfortunately, many institutions and

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(518) 371-8910 1 organizations will not have to pay. 2 And I agree that the criminal 3 justice system in America, that the American 4 system of criminal justice, it's about 5 criminals and getting criminals, absolutely. 6 And we want to get the bad guy, and we should 7 get the bad guy. 8 However, the American justice 9 system is also about civil justice. It really 10 is. And New York is one of the worst in the 11 nation on that, because so many sexual 12 predators who, you know, were in a situation 13 where no one did anything to stop their 14 predatory behavior aren't going to feel any 15 pain because of this. And that's wrong. 16 Senator Saland and Assembly Member 17 Markey have bills which will provide for a 18 year for people after their bill became law to 19 come forward to find civil redress for past 20 acts of people who did terrible things to them 21 who may not be around or who we don't really 22 know -- they weren't able to come forward. 23 And, you know, I have legislation 24 pending dealing with this as well, and I had 25 hearings on it dealing with a part of this,

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(518) 371-8910 1 which is those victims of clergy abuse who, 2 like all other victims, or many other victims, 3 it took them -- you know, for many of them it 4 took them a really long time to come forward 5 and speak about it. And some still can't even 6 speak about it, still are not able to talk 7 about the terrible things that happened to 8 them. 9 And we have to fix that. Our work 10 isn't done. We really do need to provide for 11 civil justice for those victims, and 12 particularly for those where the perpetrators 13 are dead. Because we don't try dead people. 14 And we have to make sure that we send a 15 message to any institutions and groups that 16 allow this to go on that they must never let 17 that happen. 18 When we talked to victims, they 19 said the only reason they came forward, the 20 only reason they ever talked about the civil 21 side as well as the criminal side was because 22 they never wanted to have happen to other 23 people what happened to them and they wanted 24 acknowledgment of what had happened to them. 25 That's very important for victims.

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(518) 371-8910 1 So -- but I want to say again what 2 we're doing today is great. And it's really 3 important. And it's very important that we 4 get the living perpetrators. But our job is 5 not done until we get closure in every part of 6 our criminal and civil justice system for 7 victims so that they get their day in court. 8 We have to make sure that there's a day in 9 court for criminal justice and for civil 10 justice. 11 We've done a good job on the 12 criminal justice part today. We have more to 13 do on the civil justice part of it. I'm going 14 to vote yes. But let's not stop, let's finish 15 the job. Thank you. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Krueger. 19 SENATOR LIZ KRUEGER: Thank you, 20 Madam President. On the bill. 21 ACTING PRESIDENT LITTLE: Thank 22 you. Senator Krueger, on the bill. 23 SENATOR LIZ KRUEGER: Thank you. 24 A lot of us have cellphones, and 25 they probably allow for text messaging. For

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(518) 371-8910 1 the last three days I've been getting text 2 messaging from a friend and constituent in my 3 district, a survivor of sexual assault. And 4 her notes keep saying "Make sure you pass this 5 bill before you come home." So I 6 text-messaged back just a few minutes ago that 7 we are passing this bill. 8 But to follow up on something 9 Senator Duane said, this is a beginning, not 10 an end. Because if you know about the 11 realities of sexual assaults in this state, 12 you know that every day women are still being 13 assaulted -- and sometimes men are being 14 sexually assaulted. Let's not make this just 15 about women. 16 And in some parts of the state, if 17 they come into an emergency room, they're 18 going to have trained rape counselors and 19 they're going to talk to police officers who 20 have been trained in how to get the 21 information, how to do the right kind of 22 forensic evaluation and how to be sensitive to 23 the fact that they are suffering from 24 literally posttraumatic stress disorder at 25 that moment. But in other parts of the state,

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(518) 371-8910 1 none of those services are available. 2 And so today, with this bill, we 3 address one serious issue for survivors of 4 sexual assault. But we should not go home 5 imagining that we've in fact addressed the 6 problems of tomorrow's survivor of sexual 7 assault. We have so much more to do to try to 8 prevent these attacks from ever taking place 9 and from ensuring that if you or someone you 10 know ends up being a victim of sexual assault, 11 a survivor of sexual assault, that every 12 service that can be made available to you, 13 both to help you pull back your life together, 14 address your health needs and ensure that the 15 police department and the district attorney's 16 office have everything available to go after, 17 catch and prosecute whoever attacked you -- 18 that that is still the assignment before us. 19 So I'm very proud to vote yes on 20 this bill, but I don't want us to go home 21 thinking now we're done with this topic. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Young.

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(518) 371-8910 1 SENATOR YOUNG: Thank you, Madam 2 President. On the bill. 3 ACTING PRESIDENT LITTLE: Thank 4 you. Senator Young, on the bill. 5 SENATOR YOUNG: In this 6 Legislature we work on so many important 7 issues, issues like tax relief and jobs, 8 healthcare and education. But I can't think 9 of a more important issue than to protect the 10 people of New York State, and this bill does 11 that. 12 I've had the privilege of serving 13 in the Senate now for one year, and prior to 14 that I served in the Assembly for six years. 15 And ever since I began in state government, 16 this has been a priority, because there was a 17 glaring problem in the law where rape cases 18 could not be prosecuted after five years. 19 There was a statute of limitations. 20 And that was wrong. And the reason 21 that it was wrong is because of technology 22 advances that we've had over the years. We 23 now have DNA evidence. We now can go back and 24 determine whether a criminal committed a rape. 25 Previous to this passage of this

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(518) 371-8910 1 legislation, women in our state who were rape 2 victims were being victimized twice. Twice. 3 And the reason was is that, number one, of 4 course the criminal act that was permitted 5 against them through the rape. But secondly, 6 if it went beyond that five-year period and 7 they had the evidence, the rapist could not be 8 tried and convicted. That is a huge, huge 9 injustice. 10 And so I want to commend this 11 Legislature, this Senate for correcting that 12 injustice today. I especially want to thank 13 my colleague Senator Dean Skelos for his 14 leadership in this very issue, because it took 15 persistence to make sure that this made it all 16 the way through the process. And we had great 17 negotiators, with Senator Dale Volker. And of 18 course Senator Bruno has been a staunch 19 advocate to make sure that this bill made it 20 through the process. 21 So I congratulate everyone who 22 worked so very hard to make this happen. 23 Today we are correcting an injustice, and from 24 now on, in these cases, justice will be 25 served.

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(518) 371-8910 1 I will be voting yes. Thank you, 2 Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. 5 Senator Paterson. 6 SENATOR PATERSON: Thank you, 7 Madam President. 8 I think that the spirit of the 9 debate was enriched by a lot of poignant 10 remarks that my colleagues have made this 11 afternoon, not the least of which was the 12 assertion by Senator Marcellino that if we did 13 nothing else this year that we could go home 14 proud of the legislation that we've just 15 passed. 16 I think that that's right. In that 17 respect, I congratulate Senator Skelos and 18 also Assemblywoman Paulin, who is carrying 19 this bill in the Assembly, whose heroism and 20 dedication to this issue compelled her to put 21 herself in a position personally to perhaps 22 let people all around the state know that 23 you're never in a position where you cannot be 24 victimized by this type of a crime. 25 And so in spite of the fact that I

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(518) 371-8910 1 would have, frankly, written this bill 2 differently, I want to congratulate all of 3 those who have worked on this bill and concur 4 that this probably is the most effective piece 5 of legislation that the New York State 6 Legislature will pass this particular year. 7 In 1991, when this was an issue 8 that was on my mind, I went to the office of 9 Senator Volker to talk about statutes of 10 limitations for rape, the issues of child 11 sexual abuse, and tolling the statute of 12 limitations, if we weren't going to get rid of 13 it completely, because of the difficulties of 14 prosecuting those types of cases. 15 And as he pointed out earlier in 16 the discussion, Senator Volker held hearings 17 in five parts of the state: in Suffolk 18 County, in Harlem, the district that I 19 represent, in Syracuse, in Albany, and also in 20 his home area of Erie County. We heard 21 testimony from individuals all around the 22 state, and we heard testimony that is the 23 basis for a record I would like to make on 24 this issue relating to the issue of civil 25 lawsuits arising from these types of crimes.

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(518) 371-8910 1 I feel that this legislation 2 focuses on the inevitability of conviction 3 when we're able to acquire DNA evidence. And 4 DNA evidence, five, 10, 20, 30 years after a 5 crime as heinous as this can be very effective 6 in those prosecutions. It can almost assure 7 them. 8 But where there isn't any DNA 9 evidence, there isn't going to be the 10 possibility of securing the criminal 11 conviction which would reignite the civil 12 lawsuit. And without the civil lawsuit, there 13 are many victims who will be rendered without 14 any source of complaint or vindication against 15 their perpetrators. 16 This is important because many 17 victims, particularly child victims of sexual 18 abuse, have an amnesic reaction to the 19 situation. Though it dictates and pervades 20 many of their actions throughout their lives, 21 they often don't even become aware of what 22 actually happened to them for 15, 20, or 25 23 years later. Absent any DNA evidence, they 24 have no recourse. And because the statute of 25 limitations has run, they have no resource.

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(518) 371-8910 1 And what I am suggesting to my 2 colleagues in the future is that we consider 3 opening the statute of limitations for civil 4 liability as we have done for criminal 5 liability, because otherwise these victims are 6 unfortunately unable to seek any kind of 7 retribution against those who they later are 8 aware have caused them lifelong pain and 9 lifelong suffering. 10 I submit that to the body for 11 future consideration while again commending 12 the fact that the action we've taken today 13 certainly places us, I think, very much in the 14 hearts and in the thoughts of people around 15 the state who have either been victimized, 16 knew people who were victimized, or, sadly, 17 came in contact with it through the work that 18 they performed. 19 This is certainly a laudable piece 20 of legislation. But I end only by asking the 21 body that when we come back next year that we 22 might even further enhance and enlighten 23 ourselves on this issue. 24 And so that we don't pause in 25 harmonious celebration to distinguish out

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(518) 371-8910 1 which of us figured out the problems that 2 women in this state have when they've been 3 victimized in this way, which of us figured it 4 out 210 years after our founding Declaration 5 of Independence or 220 years later, I don't 6 think that we really need to nitpick as to who 7 came to the legislation first. 8 I think what we can do is to see if 9 there aren't some future measures that we can 10 take that will provide for restoration of the 11 souls and of the feelings of those who have 12 suffered in silence for a number of years. 13 ACTING PRESIDENT LITTLE: Thank 14 you, Senator. 15 Is there any other Senator wishing 16 to be heard? 17 The debate is closed. 18 The Secretary will ring the bell. 19 Read the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Duane, to explain his vote. 2 SENATOR DUANE: Thank you, Madam 3 President. I want to just say one final 4 thing. 5 Dogged on this issue, that's what 6 Senators Skelos and Klein, Savino and Volker 7 and Saland and Assembly Member Markey have 8 been on this issue. And I like to think I've 9 been too. 10 And the glass is definitely half 11 full, and probably a little bit more. But, 12 you know, with me, it's never enough. So I 13 think we should be celebrating today and get 14 back to work tomorrow. But congratulations to 15 all of us today. 16 I'll vote yes, Madam President. 17 ACTING PRESIDENT LITTLE: Thank 18 you. Senator Duane will be recorded in the 19 affirmative. 20 Senator Fuschillo, to explain his 21 vote. 22 SENATOR FUSCHILLO: Madam 23 President, briefly. I just rise to compliment 24 my colleague Senator Skelos. 25 Senator, you never gave up, year

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(518) 371-8910 1 after year, when all the doors were closed on 2 this issue. You corrected a grave injustice 3 in the State of New York. My compliments to 4 you on your perseverance with this issue. 5 Madam President, I'll be voting in 6 the affirmative. 7 ACTING PRESIDENT LITTLE: Senator 8 Fuschillo is recorded in the affirmative. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: In relation to 12 Calendar Number 2046, those Senators absent 13 from voting: Senators Andrews, C. Kruger and 14 Sampson. 15 Ayes, 58. Nays, 0. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 2048, by Senator Skelos, Senate Print 8446, an 21 act to amend the Executive Law. 22 ACTING PRESIDENT LITTLE: Senator 23 Duane. 24 SENATOR DUANE: Thank you, Madam 25 President. If the sponsor would yield.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Skelos, would you yield? 3 SENATOR SKELOS: Madam President, 4 can I give a brief explanation of the bill. 5 This bill will require DNA to be 6 submitted for all felonies and 18 specific 7 misdemeanors. 8 As you know, it has been the 9 Senate's position, and the Governor's, that 10 samples should be taken from any individual 11 convicted of a crime, felony or misdemeanors. 12 This act shall take effect immediately and 13 shall apply to designated offenses committed 14 on and after the effective date as well as to 15 designated offenses committed prior to the 16 effective date; for example, people in prison, 17 on probation or parole. 18 This bill is similar to bills that 19 we passed in other years. Assemblyman Lentol 20 is the cosponsor. 21 And I want to thank Joe Messina, 22 who's sitting right next to me, for his good 23 work on this legislation and the statute of 24 limitations legislation and really putting 25 these two bills together, the one we just

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(518) 371-8910 1 passed, the DNA expansion, and certainly the 2 work we did earlier in session concerning 3 reforming Megan's Law so that over 3,000 4 convicted sex offenders would not be released. 5 Quite frankly, with those three 6 bills, I'm not a gambling man, but that's a 7 trifecta to me. It's a trifecta in terms of 8 probably the best year that I have seen here 9 in terms of criminal justice. 10 So I'm asking for your support on 11 this legislation. And basically it adds all 12 felonies, 18 misdemeanors, and there are no 13 other changes to the law. 14 ACTING PRESIDENT LITTLE: Senator 15 Duane. 16 SENATOR DUANE: Thank you, Madam 17 President. 18 And I just want to point out what a 19 nice guy I am. Even though I had the floor, I 20 welcomed the explanation. It was an excellent 21 explanation, and I hope it was enlightening. 22 But I do have some questions in 23 addition. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Skelos, do you yield? 2 SENATOR SKELOS: Yes. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR DUANE: Thank you, Madam 6 President. 7 I'm just wondering if this bill is 8 in any way addressing the problem of local or 9 what I would call rogue DNA databases, the DNA 10 databases that are kept by localities who are 11 storing their own samples, et cetera. 12 SENATOR SKELOS: Senator Duane, 13 basically it's what I said in my explanation. 14 And I know of your concerns. 15 It makes it all felonies now and 16 18 specific misdemeanors. That's what the 17 legislation does. 18 SENATOR DUANE: Thank you, Madam 19 President. If the sponsor would continue to 20 yield. 21 ACTING PRESIDENT LITTLE: Senator 22 Skelos, do you continue to yield? 23 SENATOR SKELOS: Yes. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR DUANE: And under current 2 law, who's responsible for addressing the 3 backlog of DNA that's been collected? 4 SENATOR SKELOS: The statewide 5 database. 6 SENATOR DUANE: Through you, 7 Madam President. DCJS? 8 SENATOR SKELOS: DCJS, yeah. 9 SENATOR DUANE: Thank you. And, 10 Madam President, if the sponsor would continue 11 to yield. 12 SENATOR SKELOS: Yes, Madam 13 President. 14 ACTING PRESIDENT LITTLE: The 15 Senator yields. 16 SENATOR DUANE: I have been 17 concerned about whether or not we have enough 18 trained specialists in DNA technology in 19 New York State and whether that is something 20 that will -- a problem which may exist now and 21 which may be made worse by the passage of this 22 legislation. 23 SENATOR SKELOS: There are 24 sufficient resources and personnel. 25 SENATOR DUANE: And through you,

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(518) 371-8910 1 Madam President, if the sponsor will continue 2 to yield. 3 SENATOR SKELOS: Yes, Madam 4 President. 5 ACTING PRESIDENT LITTLE: Senator 6 Skelos continues to yield. 7 SENATOR DUANE: Does the 8 legislation address in any way the proper 9 storing of DNA samples? 10 SENATOR SKELOS: The legislation 11 makes all felonies and 18 misdemeanors, 12 individuals required to submit their DNA. 13 And if I can just put that in 14 perspective, felonies, prior to the bill, 15 62 percent of those individuals would be 16 required to submit DNA. Now it's 100 percent. 17 Misdemeanors, prior to the bill, approximately 18 1 percent. After the bill, 34 percent. And 19 with total convictions, 14 percent; now, 20 approximately 50 percent. 21 And the biggest improvement to the 22 Assembly's legislation is that we add petit 23 larceny. So that it brings the total amount 24 from 34 percent up to approximately 25 50 percent.

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(518) 371-8910 1 Of course, this side of the aisle 2 and many on the other side would have 3 preferred if it was all felonies and 4 misdemeanors. 5 SENATOR DUANE: And through you, 6 Madam President, if the sponsor would continue 7 to yield. 8 ACTING PRESIDENT LITTLE: Would 9 you continue to yield, Senator Skelos? 10 SENATOR SKELOS: Yes, Madam 11 President. 12 ACTING PRESIDENT LITTLE: The 13 Senator yields. 14 SENATOR DUANE: And in an effort 15 not to keep the sponsor up too long, I'm just 16 going to look for one final question that I 17 wanted to ask. 18 And that has to do with when the 19 first DNA database bill was passed, there were 20 a lot of cold hits. Then when we expanded it, 21 there were still hits, but not the same volume 22 and percentage that we saw the first time. 23 And then it even diminished the next time. 24 And I'm just wondering if there's 25 been any study or if there's any information

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(518) 371-8910 1 available to what the projected number of sort 2 of cold hits would be with this expansion. 3 SENATOR SKELOS: None that I'm 4 aware of. 5 But again, I just want to point out 6 that this is an expansion of those who would 7 be required to submit their DNA to the 8 database. And I just want to, you know, just 9 bring up the -- there were 2435 hits; thus 10 far, 581 convictions. 11 But, you know, I also want to point 12 out in today's New York Post there is an 13 article about a Katy Vicchitto, who mentioned 14 that rapists who had already been convicted of 15 a lesser crime would be able to be identified 16 and arrested before he could attack another 17 woman. That's her statement, a woman who had 18 been raped. And unfortunately, the individual 19 that raped her, when there was a lesser crime, 20 was not required to submit their DNA. 21 I should point out that as I 22 mentioned, in the case of Keith Laster, he was 23 convicted of a misdemeanor drug possession. 24 We would have preferred if that were included. 25 However, the Assembly refused to include any

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(518) 371-8910 1 misdemeanors that involve drug possession 2 charges. 3 SENATOR DUANE: Thank you, Madam 4 President. Thank you. On the bill. 5 ACTING PRESIDENT LITTLE: Thank 6 you. Senator Duane, on the bill. 7 SENATOR DUANE: Thank you, Madam 8 President. 9 I am very concerned that this bill 10 and nothing that's happening in the state 11 right now is happening or being done to 12 address the issue of local or what I would 13 call rogue databases. We don't have any 14 control of what happens with these databases 15 on a state level. There isn't oversight. 16 District attorneys, well-intentioned though 17 they may be, are basically doing whatever they 18 want with their own databases. And I think 19 that that is very, very problematic and 20 something that we really need to address. 21 You know, this is a problem on a 22 state level also, but I'm not even sure where 23 the sample collection devices are being kept. 24 So if there's a DNA swab that's taken, you 25 know, from inside my mouth, you know, where is

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(518) 371-8910 1 that being stored in some of these counties? 2 As I understand it, it's a -- you 3 know, it's a tremendous problem in New York 4 City, where the storage of the actual physical 5 DNA collection instruments are being kept. 6 And how is that being maintained, and how do 7 we know that they aren't getting mixed up or 8 mislabeled? What are the safeguards in place? 9 These are very, very important 10 issues when we move to expand what already is 11 a problematic DNA collection system and DNA 12 storage system in the state, and particularly 13 for those jurisdictions where there are these 14 rogue databases and storage facilities. 15 Under the current situation, I am 16 skeptical that at this time we have enough 17 people trained in the handling of DNA and the 18 examination of DNA to not only work with the 19 amount of DNA samples that we have now 20 collected, but also when we add on to that in 21 such a dramatic way with this legislation. 22 It's not just a New York problem. 23 It's a New York problem because this is a 24 New York State bill. It's a national problem. 25 But we're dealing with the state, and we

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(518) 371-8910 1 just -- I don't think that we have the 2 capability to -- I think that even after all 3 of this DNA is being collected, we're still 4 not going to have the tools to do the kind of 5 research that will achieve the goals that are, 6 you know, so -- that we want. 7 And that's laudable. The goals are 8 laudable. But the getting there I think is 9 still -- we're not there yet. And we have to 10 make a much bigger investment to get there. 11 And maybe New York State could be the leader 12 nationally in DNA technology, but that's not 13 the way it is now. And with this expansion, 14 it's where we should be and of course where we 15 have to be. 16 You know, there's human error 17 involved with DNA. And people make mistakes, 18 well-intentioned people. I'm not even -- I 19 mean, there could be malevolent people. And I 20 hope they're won't be, but unfortunately there 21 probably are some malevolent people who might 22 do some bad things with DNA that's collected 23 and shared in the wrong way and with people 24 that they shouldn't be. 25 And there's really nothing -- you

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(518) 371-8910 1 know, we can't legislate that not happening. 2 But we can put in safeguards and training and 3 other safeguards even in how we hire and train 4 personnel to make sure that we are protecting 5 ourselves as much as possible for that. 6 You know, a Q-tip swab for me could 7 get fixed up with a Q-tip swab from you, and 8 we really -- we won't always know that that 9 has not happened. We have to be really 10 vigilant to make sure that we carefully handle 11 this, not just at the point of taking the 12 collection of the DNA but also where we store 13 it, what we do with it, how it's handled 14 there, if it's moved from one place to 15 another, how it's labeled, how names are 16 spelled. Some names are similar. Some people 17 may have the same name. It's a very 18 complicated process. 19 I think we're up to the challenge, 20 but I don't think that we're there at this 21 point. 22 We put about $20 million in this 23 year's budget to expand the database. I know 24 it sounds like a lot of money. We probably 25 can't spend it all in one year. But it's

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(518) 371-8910 1 probably not going to be enough money for the 2 expansion that we have on the table today. 3 I also think that this expansion is 4 going to create a backlog. And if our goal is 5 to get more bad guys, and that is what the 6 goal is, there's already a backlog. People in 7 the criminal justice system are already 8 complaining they can't get answers fast 9 enough. And the way you solve a crime, the 10 best way to solve a crime is to get the 11 information as quickly as possible before a 12 trail goes cold. And we're overburdening the 13 system now. People are having trouble getting 14 access to the information they need. And that 15 will only become more problematic as we expand 16 the database. 17 There is -- I'm also -- I mean, we 18 can do the best job, I guess, with the 19 information we have to try to figure out what 20 the estimated number of samples that will be 21 collected under this legislation, but we don't 22 really know. We don't know for sure. And so 23 if -- and I'm concerned about overburdening it 24 so we get more bad guys. It may become more 25 difficult to get them, because we're just --

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(518) 371-8910 1 we don't have the personnel to actually deal 2 with this. 3 And DAs, frankly, publicly as well 4 as privately have said that it is a problem 5 for them, that they're waiting on a long line 6 to get the information they need. Other law 7 enforcement are waiting on a long line to get 8 their answers to questions based on the DNA 9 database the way it is now. And I think it 10 will only get worse. There will be more of a 11 traffic jam, if you will, for people trying to 12 get information so that they can solve crimes 13 and prosecute crimes so that more people are 14 being protected. 15 I don't think it would be -- it 16 should not be that difficult for us to make 17 sure that regulations and procedures are in 18 place for the handling and the storing of DNA. 19 It's really important that we do that. Not 20 just for the state database, but since we're 21 continuing to permit local databases to exist, 22 they have no controls at all. They're doing 23 their own thing. And that's dangerous. We 24 should not allow that to happen. It's 25 dangerous from a law enforcement personnel and

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(518) 371-8910 1 of course it's dangerous from a privacy 2 personnel. We can't let that -- we got to get 3 to a work on that. There's a big hole in the 4 bill because that's not being addressed. 5 I also -- and the reason I asked 6 about this is, yeah, when we first did the DNA 7 database we got a lot of cold hits. Right? 8 We got a lot of bad guys. And probably a few 9 bad women. Then we expanded it again, and the 10 percentage of cold hits went way down. Well, 11 the second time, not way down. It went down. 12 But the third time, way down. 13 So this time we don't really know 14 what's going to happen. Maybe, maybe what 15 we're doing today and the areas that we're 16 including that are going to be kept in the 17 database will be helpful. I've spoken, for 18 instance, with Senator Volker about his 19 concerns about petit larceny and that that may 20 be a very good tool. 21 And that may very well be true. In 22 fact, on the merits, it sounds like it is 23 true. But we don't know for sure. Because 24 what also seems to be true is the more DNA 25 collected, the more hits we would get. But

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(518) 371-8910 1 that's not true. So a lot of what's happening 2 with DNA technology is a little bit 3 counterintuitive. You know, it is easy to 4 say, you know, we caught this bad guy and we 5 caught this bad guy. And that's great. But 6 it may also be that by expanding the DNA 7 database we're not going to catch as many bad 8 guys because we're going to be overburdening 9 the system and we're not going to be able to 10 access it as quickly as we need to to get the 11 bad guys as quickly as we need to. 12 So you would think, wow, the more 13 DNA you collect the more people you're going 14 to get. But that hasn't been what's happened 15 in New York State. The percentage of 16 people -- bad guys you get has actually gone 17 down dramatically, especially from the last 18 time, as we've expanded the database. 19 You know, generally DNA is, you 20 know, like so many things. It's a blessing 21 and a curse. Right? Used right, it's a 22 miracle, in a whole host of ways. Criminal 23 justice, in many ways it's a miracle. And 24 used the wrong way, it is a nightmare. 25 And I think it behooves us to be as

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(518) 371-8910 1 careful as we possibly can so that the 2 expansion doesn't turn into a DNA nightmare. 3 You know, I would very much have 4 preferred -- and I know that this bill is very 5 important to a lot of people. It's important 6 for a whole host of reasons, not least of 7 which politically, and there's nothing wrong 8 with that. That's important. But I do think 9 it would have been better to have more 10 extensive hearings on the DNA database. 11 You know, you would also think -- 12 and I'm going to talk about another 13 counterintuitive thing. You would think that 14 the people involved with the issue of getting 15 the -- I was going to say getting the bad guys 16 off. Getting guys that we thought were bad 17 guys but turned out not to be bad guys, to 18 allow them to go free. 19 So the people who work on that 20 issue -- it's a very important issue and, by 21 the way, something that New York State is a 22 leader in -- would say, yeah, collect more 23 DNA, we'll find out more errors and 24 convictions, we'll prove that more people are 25 innocent. But that's not what they're saying,

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(518) 371-8910 1 because the same as DAs and law enforcement 2 people, they're saying it's going to make our 3 job harder. 4 So from both sides of the criminal 5 justice system, right, the ones trying to 6 prove innocence and the ones trying to prove 7 guilt, we're going to make it more difficult 8 potentially for them to do their job. 9 We would know better if we heard 10 from people who actually have spent a lot of 11 time working with it. Because, again, things 12 that, you know, just seem -- you know, 13 sometimes when you read in the paper it all 14 seems so simple and, you know, why is it that 15 way and it's bad for politicians to say it's 16 more complicated than that. But you know 17 what? It's more complicated. And a lot of 18 what happens is counterintuitive on the issue 19 of DNA. 20 So the other thing is that -- you 21 know, I haven't -- you know, I base a lot of 22 what I've said about the questions that I'm 23 raising about this expansion, much of it is 24 based on our own DCJS data, which is available 25 for the public to see. And a lot of it is

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(518) 371-8910 1 based on studies that have been done by people 2 in academia who have looked at both the good 3 things that have happened with the collecting 4 of DNA as well as the bad things that have 5 happened. 6 I hope many of you know that bad 7 things happened in Houston on the DNA issue. 8 And yet we all know of good things that have 9 happened and bad guys that have been found and 10 innocent people being freed by it. 11 And so this is another one of those 12 issues that, yeah, a chunk of work may very 13 well be accomplished by passing this bill, 14 although a whole lot of complication may arise 15 because we pass this bill. So beware. 16 Thank you, Madam President. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Young. 20 SENATOR YOUNG: Thank you, Madam 21 President. On the bill. 22 ACTING PRESIDENT LITTLE: On the 23 bill, Senator Young. 24 SENATOR YOUNG: Thank you. 25 Sometimes in New York State we have

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(518) 371-8910 1 to change the law to catch up with 2 technological advances. And this is one of 3 those instances, where we have this great 4 advancement in technology with DNA evidence 5 but we haven't included all felonies in the 6 database and some of the misdemeanors. And so 7 of course this is a great day, because we are 8 finally making that change. 9 And actually, using technology to 10 solve crimes in New York State is a legacy of 11 someone else who served in the Assembly and 12 also as governor of New York State, and that 13 was Teddy Roosevelt, who we know served in our 14 state government before he became President of 15 the United States. 16 And during his time in the early 17 1900s he was a great promoter of using 18 technology to solve crimes, most notably 19 fingerprinting, because it was the first time 20 that people had technology to link a suspect 21 with a crime scene by using physical evidence. 22 And so we're carrying that on today by 23 expanding the DNA database. 24 I remember back in 1999 when we 25 were trying to get the Assembly to expand the

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(518) 371-8910 1 DNA database then to include more felonies. 2 Because prior to then, only 11 percent of all 3 felons were included in a DNA database. And 4 we fought very, very hard to get it expanded, 5 but we couldn't get there to get all felonies 6 included. 7 And one story that really stands 8 out in my mind during that debate was the case 9 of Isaac Jones, who was a rapist in New York 10 State who victimized 50 women before he was 11 caught. Police had DNA evidence that showed 12 it was the same rapist. And when he finally 13 was apprehended, it was learned that Isaac 14 Jones had been convicted of felony robbery a 15 few years before. 16 If he had been in the DNA database 17 after the first woman was victimized, the 18 police would have known who the rapist was 19 and, potentially, 49 women victimized would 20 have been saved. So that's why this is so 21 very important. 22 Again, I want to congratulate my 23 colleague Dean Skelos for his leadership on 24 this issue. But I know this has been 25 something that's been important to many

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(518) 371-8910 1 Senators here. And I thank you for your being 2 so committed to the people of New York State, 3 and I will very proudly support this 4 legislation. 5 Thank you, Madam President. 6 ACTING PRESIDENT LITTLE: Senator 7 Volker. 8 SENATOR VOLKER: Madam President, 9 I will try to be very brief. 10 Tom, I hate to say that I don't 11 exactly know what you're talking about, but I 12 only mean that -- and I mean it in the best 13 way -- I think you got your information from a 14 group called the Innocence Project. They're a 15 bunch of people that will basically say 16 anything against prosecutors because they're 17 so intent on getting people out of jail. 18 We are the leading state in the 19 union on DNA testing. As far as I know, we're 20 ahead of just about everybody. The only thing 21 I would kind of disagree with Dean about is we 22 do probably need more capability as we are 23 increasing our testing and so forth. 24 We have probably the most secure 25 tests in the nation. This business of local

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(518) 371-8910 1 rogues, who cares? The problem is going to 2 be, as we were talking about here, they're 3 going to have a devil of a time proving 4 anything because it's really in the state 5 where the proper DNA is. 6 Now, using that would be fine, 7 except then I'm going to have to go in and 8 probably do more testing and so forth. Any 9 defense attorney worth his salt is going to 10 probably get some of those tests thrown out. 11 You want to see bad stuff, go to 12 Illinois. It's no secret that -- the rumor 13 around is that there was bad prosecutions for 14 death penalty -- bad DNA, also. There's a lot 15 of questions about the people who were let 16 out. They now believe half the people let out 17 were guilty. 18 One guy who got supposedly 19 exonerated because of DNA, they grabbed him -- 20 they just gave him to another state because he 21 had murdered another guy. And in their -- in 22 what they said in the description of his 23 transfer, they said he murdered the guy in the 24 state next door and then he murdered the guy 25 in Illinois, the guy he was supposed to have

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(518) 371-8910 1 been exonerated from. 2 The point I'm trying to make is, I 3 created -- I was in the Legislature, I think 4 it was 1989, with a fellow named Assemblyman 5 Zaleski. We were very, very careful in how we 6 did that DNA legislation. Zaleski then 7 became, I think, the mayor of Yonkers. A 8 really nice guy. He was a chemist. He wasn't 9 exactly, I mean -- but anyways, we did the 10 legislation, it was fascinating. 11 Last year we passed a huge increase 12 in the use of DNA. Can I tell you what I 13 think this bill does? This bill, in my 14 opinion, is the most important piece of 15 legislation this year in criminal justice. 16 Now, certainly the bill before was big and 17 important and all that. But you know why this 18 is so important? I happen to know that 19 Governor George Pataki and his -- Parker, his 20 head of Criminal Justice, before this year 21 started, we said getting all felonies in and 22 as much as the misdemeanors as we could. 23 And the reason petit larceny is so 24 important, it's been shown nationwide that 25 petit larceny is one of the best areas to

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(518) 371-8910 1 obtain DNA from because you deal with 2 burglars, rapists, robbers, just about any 3 guys, because they start out with petit 4 larceny. 5 Now, we have been very careful in 6 this state. George Pataki, to his credit, put 7 money where his mouth was. We've suggested to 8 him that now we got to put some more money up 9 just in case that there is some intention by 10 defense people and so forth to try to slow 11 this down. This is the bane of defense 12 attorneys, we understand that. They're the 13 ones that are objecting and saying, oh, this 14 may be wrong, this may -- it's -- the problem 15 is it is not wrong. It is the prosecution of 16 the future, in my opinion. 17 And I think Senator Skelos has done 18 a super job here. Senator Bruno. If you said 19 to me -- and I may leave here before too long, 20 I don't know -- what was the best thing you 21 did in criminal justice, it's DNA. Because we 22 will find not just criminals, we will be able 23 to locate missing people, all sorts of things 24 that in my opinion is extremely important. 25 This bill probably will cause the

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(518) 371-8910 1 prosecution of 5,000 to 10,000 people easily. 2 And whoever told you that the numbers of hits 3 has gone down is absolutely wrong. What they 4 mean is the initial hits were huge. Sure, 5 they've gone down some, because we got a lot 6 of the people who at the time were useful with 7 the hits. 8 But with petit larceny, I'll tell 9 you right now, that one alone, that one alone 10 down the road will get you a lot of burglars 11 and rapists and so forth. You just mark my 12 words, it will happen. And it will happen, 13 those, because they're arrested on other 14 things, and then they'll track them. 15 So, Senator Skelos, 16 congratulations. And this is a huge bill, in 17 my opinion. 18 ACTING PRESIDENT LITTLE: Senator 19 Marcellino. 20 SENATOR MARCELLINO: Thank you, 21 Madam President. 22 I rise to once again thank my 23 colleague Senator Skelos. This legislation is 24 very forward-thinking. It moves us into a new 25 frontier in criminal justice investigations.

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(518) 371-8910 1 Like fingerprints, DNA probably 2 will prove as many people innocent as it does 3 guilty. And I think that's something we have 4 to look at. It's a two-edged sword, and it 5 cuts both ways. And that's important, that 6 when we convict somebody we know that we're 7 convicting the right person. 8 I understand Senator Duane's 9 concerns. We should be aware. We should be 10 careful. But we shouldn't be afraid to go 11 forward. And that's what this bill does, it 12 moves us forward. And I vote aye. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Schneiderman. 17 SENATOR SCHNEIDERMAN: Thank you, 18 Madam President. Very, very briefly on the 19 bill. 20 ACTING PRESIDENT LITTLE: On the 21 bill. 22 SENATOR SCHNEIDERMAN: I just 23 want to note that my friend Senator Volker I 24 think has actually reinforced some of the 25 arguments that Senator Duane raised earlier

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(518) 371-8910 1 this evening. 2 And I think that the most important 3 thing in my mind to remember about this is 4 that DNA evidence is not just about getting 5 bad guys, it's also about exonerating innocent 6 people. And we have a tremendous 7 responsibility with evidence that is treated 8 with such deference by juries, by judges, to 9 exercise the greatest care with it. 10 It is absolutely clear to anyone 11 who deals with district attorney's offices, 12 with DCJS, that we have a significant backlog 13 in the processing of DNA. And this massive 14 expansion, which may very well be a 15 tremendous -- have tremendous potential to do 16 good, is going to require more resources. We 17 need more resources than are presently being 18 provided. 19 More significantly than that, I'm 20 very sorry that we did not include in our bill 21 what was one provision of the Assembly's 22 proposal, which was to have an innocence 23 project. And I respectfully disagree with 24 Senator Volker that the Innocence Project, 25 which I've known lawyers who have worked

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(518) 371-8910 1 there, they are fine attorneys, they're not a 2 bunch of anti-defense loons. 3 The Assembly proposal was for 4 something called the Innocence Research 5 Project, to echo the work of the Innocence 6 Project that Barry Scheck and others have had 7 great success with. And it simply stated that 8 we should in this state review and study cases 9 in which there appears to be a reasonable 10 possibility that a person charged with or 11 convicted of a crime in this state may be 12 innocent of the crime or crimes charged. How 13 could we not do that? 14 So I believe that this bill is a 15 good bill, I will support it, I commend 16 Senator Skelos and the others involved. But 17 it is an incomplete bill, in my view. And I 18 do think that we need more resources, we need 19 an innocence project, and we need to be 20 cognizant of our responsibility when we have 21 evidence that is so revered that we have to be 22 tremendously careful that we do not make 23 mistakes with it. 24 Because that is the one thing that 25 as written by the founders when they put

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(518) 371-8910 1 together our Constitution -- Senator Volker, 2 which does reinforce a civil justice system as 3 well as a criminal justice system -- the one 4 thing they were most concerned about, because 5 of their experience with the British Crown, 6 was innocent people going to jail. 7 Maybe sometimes you feel we err on 8 the side of protecting defendants. It's 9 because that's what the founders were 10 concerned about, and rightly so. I think so. 11 I commend Senator Skelos for his 12 persistence. But without resources, without 13 an innocence project, I'm afraid we're still 14 incomplete. As I believe the statute of 15 limitations on rape legislation is incomplete 16 without extending the civil statute of 17 limitations further. 18 However, these are both significant 19 accomplishments. And in the hope that we are 20 going to fill in the gaps, I will be 21 supporting this legislation. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Morahan.

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(518) 371-8910 1 SENATOR MORAHAN: Thank you, 2 Madam President. 3 I rise also to commend Senator 4 Skelos and all of those in both houses who 5 worked so well and so hard together to make 6 this a great day for the Senate and the State 7 of New York. 8 We have before us two bills today 9 that we've been doing. The one we're 10 discussing now, Madam President, on the DNA, 11 you know, I think we're moving into the 21st 12 century. My colleagues have said so much 13 about it. 14 Also, the statute of limitations on 15 rape has been lifted. I think that's another 16 great move for this state. It's a great 17 protection for the general public; in 18 particular, the women on the rape issue. 19 So I'm very happy to support these 20 bills. I think it's a good day for us. Yes, 21 there may be something we have to improve or 22 tweak as we move forward. Yes, we may have to 23 consider these things in next year's budget. 24 But if we don't do these things now in 25 agreement with the Assembly, then nothing will

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(518) 371-8910 1 move. And I think this movement is just 2 great. 3 Thank you, Senator Skelos. Thank 4 you, my colleagues. Thank you, Madam 5 President. I vote yes. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Is there any other Senator wishing 9 to be heard? 10 Senator Duane. 11 SENATOR DUANE: Thank you, Madam 12 President. 13 You know, no one admires the 14 Innocence Project or the New York Civil 15 Liberties Union or Legal Aid criminal side or 16 criminal defenders organizations more than I 17 do. That is true. But the same holds true 18 for my admiration for district attorneys and 19 ADAs and people in law enforcement, police 20 officers, that are if not the only -- probably 21 the only civil servants that put their lives 22 on the line every day. And I do, I admire the 23 people in law enforcement tremendously. And 24 they know that. Ask them. Ask them. 25 But my statistics are based on DCJS

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(518) 371-8910 1 statistics. And the information that I have 2 garnered is from looking at national studies 3 and studies done by scientists and I think 4 those who Senator Volker and I would agree 5 would be put into the pro-law enforcement 6 camp. That's where I got my statistics. 7 That's where my questions have arisen from. 8 And again, Senator Volker and I 9 could look at the data from DCJS or from any 10 of the other places that I've gotten data, and 11 we would see different things. There probably 12 is no 100 percent correct way to look at the 13 data. The answers we get from the data, it's 14 a subjective thing. The data may be firm, but 15 the knowledge we glean from that is 16 subjective. We find that all the time here. 17 We look at the same data, we come to different 18 conclusions. 19 So in this case, we need Senator 20 Volker to step on the gas, but you need me to 21 put on the brakes. 22 Thank you, Madam President. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Connor.

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(518) 371-8910 1 SENATOR CONNOR: Thank you, Madam 2 President. 3 You know, over the years that I've 4 been here I've taken this floor many times to 5 oppose proposed changes in evidentiary rules, 6 in procedural rules, in the criminal justice 7 area. And I've always said that our system 8 has always run the risk that some guilty may 9 go free in order to protect the truly 10 innocent. 11 But I can say with respect to this 12 bill -- and I do share the concerns about our 13 ability to deal with this data and deal with 14 it properly. But the goal of this doesn't 15 strike or offend my civil liberties bent 16 whatsoever. Because the goal in all of our 17 procedural -- criminal-law procedural 18 safeguards, the goal wasn't to let the guilty 19 go free, the goal was always to risk guilty 20 going free to protect the innocent. 21 We are now in the area of DNA. 22 Properly done, scientifically maintained, its 23 integrity maintained, we are in an area where 24 we can clearly say the goal is to capture and 25 prosecute the guilty. And that should always

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(518) 371-8910 1 be the goal. 2 And when we can do that with little 3 or no risk, if it's done properly, to the 4 innocent, I say it is a great day in criminal 5 justice in New York State. 6 Thank you. I'm voting for it, 7 Madam President. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Skelos, to close the 11 debate. 12 SENATOR SKELOS: Thank you, Madam 13 President. I will be quick. 14 I want to first thank Senator Bruno 15 for his leadership, and also Governor Pataki, 16 who certainly has been out front and center in 17 terms of expanding the DNA database, quite 18 frankly, to include all misdemeanors and 19 felonies. 20 I should point out to Senator 21 Schneiderman that earlier this year we did 22 pass a Governor's program bill that did have 23 an innocence project in it. We have not heard 24 from the Assembly about that. 25 What I know -- and there have been

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(518) 371-8910 1 many concerns raised by Senator Duane -- is 2 that when we deal with crimes and we deal with 3 sometimes a minor offense such as petit 4 larceny, this often leads to more 5 progressively horrendous crimes. 6 And what I know is that in 1999 7 Raymond McGill was convicted of a misdemeanor 8 petit larceny and not required to submit DNA. 9 Over the next four years, he murdered two 10 people and raped an 85-year-old woman. In 11 2005, having been sentenced to prison for a 12 robbery conviction, his DNA was taken and then 13 identified. 14 So yes, with DNA progress I believe 15 that people will also be found innocent, which 16 is a proper use of DNA. But I also know the 17 overriding proper purpose of DNA is to make 18 sure that a Raymond McGill does not rape an 19 85-year-old woman, that a Katy Vicchitto does 20 not have to go through the horrors that she 21 went through, and also that a Keith Laster -- 22 and I mentioned this earlier -- does not have 23 the opportunity to rape girls ages 12, 13, and 24 17. 25 So, Madam President, I urge all of

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(518) 371-8910 1 my colleagues to join me in supporting this 2 legislation. And in conjunction with 3 eliminating the statute of limitations on 4 rape, we can go home with a proud package of 5 criminal justice reform and be very proud to 6 talk about what we have accomplished to our 7 constituents in this legislative session. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Skelos. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT LITTLE: The 18 Secretary will announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 2048 are 21 Senators Duane and Parker. 22 Those Senators absent from voting: 23 Senators Andrews, C. Kruger and Sampson. 24 Ayes, 56. Nays, 2. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 2049, by Senator Skelos, Senate Print 8450, an 4 act to amend the Public Health Law. 5 SENATOR SCHNEIDERMAN: 6 Explanation. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Skelos, for an explanation. 10 SENATOR SKELOS: Thank you, Madam 11 President. 12 This legislation will establish 13 within the State of New York an independent 14 Medicaid inspector general. 15 I first want to start off -- as you 16 know, this is the result of a meeting of the 17 joint conference committee. And I want to 18 thank the Senate representatives, Senator 19 Hannon, Senator Meier, Senator Volker and 20 Senator Sampson, for their good work on this. 21 I also want to thank Tom Dunham, 22 who is sitting next to me, who works with me 23 and has put many months of work into this 24 project, Caron Crummey, Ken Riddett, and also 25 Jane Preston from Senator Hannon's office.

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(518) 371-8910 1 I believe this legislation is 2 probably the toughest and most comprehensive 3 plan to combat Medicaid fraud in the United 4 States. As we all know, and we've discussed 5 this legislation on numerous occasions here, 6 Medicaid fraud steals from everyone in 7 New York State and, quite frankly, it drives 8 up our income taxes and drives up our property 9 taxes on the local level. 10 Several months ago Congressman 11 Sweeney and myself contacted by letter the 12 federal Department of Health and Human 13 Services for Medicare and Medicaid Services. 14 And they released a report last month 15 following a comprehensive review of New York's 16 anti-Medicaid fraud program. 17 The report concluded that 18 New York's overall commitment to program 19 integrity lack lagged behind the growth. And 20 as you know, we have an over $46 billion 21 program in New York State, far larger than any 22 state; in fact, larger than probably a number 23 of states combined. 24 The report also pointed out that 25 the single most important measure of program

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(518) 371-8910 1 integrity, actual audit collections, has 2 dropped, both in overall collections and the 3 average value of each audit. They recommended 4 that enforcement should be the primary goal of 5 this program. 6 The Office of Medicaid Inspector 7 General will consolidate the administration's 8 Medicaid program integrity responsibilities 9 and over 600 staff from each of the six 10 executive-level state agencies into this new 11 office. The inspector general will meet 12 stringent requirements, stringent 13 qualifications, and will serve at the pleasure 14 of the Governor, with the consent of the 15 Senate. 16 To help focus the office's efforts 17 and promote the necessary organizational 18 culture, the Legislature requires the office 19 staff to be colocated, except for regional 20 office personnel. 21 The Senate bill authorizes and 22 directs the Department of Health to contract 23 with vendors -- and this is extremely 24 important -- for upgraded information 25 technology necessary to detect Medicaid fraud

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(518) 371-8910 1 and to prevent those checks from going out the 2 door. And certainly the upgrade will improve 3 accountability. 4 We also have a partnership with 5 local governments, and local governments will 6 be able to share in certain Medicaid 7 recoveries. And certainly when you couple 8 that with the cap on Medicaid for our counties 9 and you throw in an additional local share 10 through their efforts, that will go a long way 11 in helping our local property taxpayers. 12 There is reporting requirements, 13 there is a very positive corporate compliance 14 program similar to a Sarbanes-Oxley type of 15 corporate compliance for many of our large 16 providers. And there's also been money 17 included in the budget, $500,000, for the 18 New York Prosecutors Training Institute. And, 19 at the request of Senator Winner, there's a 20 local Medicaid fraud demonstration project in 21 Chemung County. 22 So, Madam President, I believe that 23 this legislation, as we've experienced in 24 other states, will dramatically increase the 25 recovery, the recoupment -- and actually

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(518) 371-8910 1 prevent money going out the door, but 2 recoupment of hundreds of millions of dollars 3 for the taxpayers of the State of New York. 4 And in fact, as you know, our budget has 5 anticipated that by establishing this office 6 we will be recouping at least $325 million 7 this year. 8 I have to point out that there will 9 be one chapter amendment. And both 10 Assemblyman Gottfried and I will be making the 11 same statement, that -- and this is basically: 12 Unfortunately, Section 6 of this legislation 13 contains a bill drafting error that may 14 produce confusion in its interpretation. If a 15 previously issued advisory opinion -- and that 16 would be a provider can go and ask the Health 17 Department as to how it would bill a certain 18 item, if the opinion is found by the 19 Commissioner of Health to be in error, a 20 modification by the commissioner of that 21 advisory opinion operates prospectively. This 22 means that modifications to a previously 23 issued advisory opinion should not result in 24 retroactive recovery of overpayments mae as a 25 result of a provider's proper and good faith

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(518) 371-8910 1 reliance on that opinion. 2 So that will be a chapter amendment 3 that's coming. 4 This is the good work -- and again, 5 you know, people like to talk about 6 dysfunction in Albany. My experience with the 7 creation of this legislation is that when 8 people of good intention work together -- and 9 certainly we've seen this in the joint 10 conference committee -- we can get a positive 11 result, through compromise and working 12 together we can get a positive result, as we 13 have, to protect the taxpayers of the State of 14 New York. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Senator Schneiderman. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. Very briefly on the bill. 20 ACTING PRESIDENT LITTLE: On the 21 bill. 22 SENATOR SCHNEIDERMAN: As we 23 complete this evening's Skelos trifecta, I 24 once again commend him. 25 And I have acknowledged before here

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(518) 371-8910 1 that I am someone who changed my view of the 2 need for an inspector general when I 3 participated in hearings that I and Senator 4 Hannon and Senator Meier were involved with 5 earlier this year and last year. 6 Unfortunately, I do feel that this 7 bill is an incomplete bill, as were the 8 previous two. I am very disappointed that 9 some of the provisions that were advanced, in 10 response to our colloquies and our questioning 11 at these hearings, I have to say -- the 12 hearings, as many of my colleagues point out 13 and Senator Duane pointed out earlier, 14 hearings do produce good results, and these 15 hearings I think were tremendously 16 informative. 17 But at the hearings the New York 18 State Attorney General's office agreed to 19 provide additional criminal sanctions in the 20 form of a Martin Act for healthcare fraud to 21 us. They did provide that. Unfortunately, 22 most of the provisions of that proposed 23 legislation did not make it into the final 24 version of this bill. 25 I am disappointed that the ability

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(518) 371-8910 1 to conduct examinations under oath without 2 convening a grand jury, to require providers 3 of healthcare to answer written questions 4 under oath, they're not in this. 5 I'm extremely disappointed that 6 this broad amnesty defense, which was in the 7 earlier version of the bill, remains in the 8 final version of the bill. 9 And I would note again that the 10 head of the District Attorneys Association of 11 the State of New York on June 12th wrote us a 12 letter stating that this provision, which 13 provides that a person who knowingly and 14 intentionally defrauds New York State -- of 15 millions of dollars, in some cases -- is 16 immune from prosecution as long as they 17 weren't personally benefiting and were 18 following orders. 19 That is a provision that is unique 20 in our penal law. I'm sorry it's in this 21 bill. 22 And, finally, it's tremendously 23 disappointing that there's no False Claims Act 24 provision here. Once again -- we've been over 25 this before, we've introduced amendments on

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(518) 371-8910 1 it -- the United States Congress, House and 2 Senate, the White House, all held by people, 3 all ruled by people from the other side of the 4 aisle, have urged all the states to provide 5 False Claims Acts, have provided an incentive 6 of an additional 10 percent of the recoveries 7 received for states that enact False Claims 8 Acts. We are leaving money on the table. 9 And again, that we had the Texas 10 inspector general up for one of the hearings 11 that we held. The head of the Civil Medicaid 12 Fraud Section in Texas has told -- it was 13 printed in The New York Times, which some of 14 us consider fairly reliable -- "Probably 15 98 percent of the Medicaid fraud claims in the 16 Texas office come via whistle-blower suits." 17 So those are major flaws, I 18 believe, major omissions. I do not honestly 19 see how this legislation changes the 20 substantive law enough to produce the 21 projected savings. 22 It is, however, a step forward. 23 I'm glad we're centralizing the functions that 24 were up until now split up in many difference 25 agencies. Having an inspector general gives

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(518) 371-8910 1 us an opportunity. I hope that next year we 2 will be able to add additional criminal 3 enforcement provisions and a False Claims Act, 4 to complete this process. 5 But once again, I have had close -- 6 have had a chance to observe the process with 7 a close-range view, and it has been -- this 8 was not something that I necessarily would 9 have predicted at the beginning of our 10 hearings we would have been able to do this 11 year. I did not think the support was there 12 to pass an inspector general bill. And once 13 again, "dogged" is certainly a word that has 14 been used in a complimentary way, Senator 15 Skelos, many times tonight on this issue. He 16 was absolutely dogged. 17 And I am pleased to support this 18 legislation, in the hopes that we can expand 19 it as time goes on. 20 Thank you, Madam President. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Is there any other Senator wishing 24 to be heard? 25 Senator Hannon.

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(518) 371-8910 1 SENATOR HANNON: Thank you, Madam 2 President. 3 We have come a long way and a 4 number of serious steps. This began in the 5 budget process of the year 2005, over 6 12 months ago, when, in a dispute between the 7 Legislature and the Executive as to how much 8 might be available through recoupment of 9 healthcare fraud, we were reviewing it and 10 Senator Skelos, in the internal processes, 11 seized upon the fact that there was this much 12 available and it was that much of a 13 difference -- it was probably on the order of 14 $75 million to $125 million -- and began to 15 pinpoint and direct to us say, Wait a minute. 16 How much could there be more? Why is it that 17 that gap exists? What's the matter with the 18 processes? We're supposed to have a tenacious 19 Attorney General, we're supposed to have a 20 diligent Health Department. What is all going 21 on? 22 And we went round and round and did 23 resolve somewhat for the budget last year, but 24 left open and started to have hearings this 25 year.

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(518) 371-8910 1 And at the hearings, the usual cast 2 of participants in healthcare fraud came and 3 said, you know, everything is pretty good. 4 And we couldn't believe our ears. Because you 5 went back and looked at all of those 6 participants -- Executive and Attorney 7 General -- and they themselves had estimated 8 huge percentages of fraud in the whole system 9 and did not go and apply those percentages 10 against the expenditures. 11 Because if they had applied those 12 percentages, that 10 to 15 to 20 percent held 13 they would have come up with huge amounts of 14 recoveries, far greater than we were actually 15 showing. 16 So we had more hearings. We had 17 more investigations. Senator Meier and myself 18 went through a large number of witnesses that 19 were potential. We wanted to see what the 20 case would be. Senator Skelos and Tom Dunham 21 had extensive conversations with the Texas 22 attorney general. 23 We had a great hearing, and we 24 really laid out a whole case, a case of what 25 Texas could do with a reorganization of its

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(518) 371-8910 1 Medicaid fraud units in Texas, people who were 2 well versed in computer technology as applied 3 to Medicaid fraud and abuse index, and right 4 here from this state, DAs and people in the 5 federal DEA units who found extensive fraud in 6 rural counties. Not your usual places that 7 you would suspect fraud would exist. 8 We drafted legislation, we tried to 9 get it done in the budget. As Senator Skelos 10 made mention, there's a $325 million savings 11 due to the increased detection of Medicaid 12 fraud in this year's fiscal plan. 13 We kept on working after the budget 14 was -- and we did not reach agreement. We 15 passed a one-house bill last week -- and we 16 passed a one-house bill on Monday. It seems 17 like last week. Went to conference 18 committees. We still -- our expectations were 19 there was huge gaps separating. There was the 20 Senate insistence in regard to term of office, 21 qualifications, the Assembly's insistence that 22 we have qui tam. 23 You know what? We compromised. We 24 had four or five meetings. We were able to 25 reach agreement. We were able to say that

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(518) 371-8910 1 there were huge advances. And it was -- 2 frankly, I think Senator Meier summed it up 3 last night using a good analogy. He said 4 Senator Skelos had this in his teeth like a 5 dog has a bone in its teeth and wouldn't let 6 go. 7 And we got testy, we got 8 conciliatory, we got compromising, and we now 9 have a bill. And notwithstanding some of the 10 nitpicking things that Senator Schneiderman 11 has pointed out in the bill -- 12 SENATOR SCHNEIDERMAN: What about 13 the other things? 14 (Laughter.) 15 SENATOR HANNON: -- I think that 16 this creation of an independent office, 17 creation of a system, creation of healthcare 18 fraud statutes in the Penal Law -- which 19 everybody pointed out were huge omissions. 20 They had to do something called larceny by 21 false pretenses in order to bring healthcare 22 fraud under the criminal justice system. We 23 have cured that. There is a set of provisions 24 in there. 25 We are now going to pass this and I

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(518) 371-8910 1 think embark, embark on what may take many 2 years. Because we're in essence creating not 3 only a new unit of government, but a new unit 4 of law enforcement. 5 And we know that for all of the 6 talented people in each of those branches in 7 our state, they also get a little bit 8 possessive of what they do, don't want to 9 share. And yet we know that in order to make 10 this effective, we're going to have to make 11 people be cooperative, to be sharing, to move 12 forward in one direction. 13 So this is a very positive, 14 substantial advancement as to what we're going 15 to do. Not only -- and as I said when we 16 passed the bill on Monday, we also have to 17 apply this coherence, this logic, this 18 unification to the Medicaid system itself so 19 we can transform it, so we can transform it to 20 deliver value to the taxpayers of this state 21 and, more importantly, deliver quality and 22 value to the patients of this state. 23 So this is a major advance tonight. 24 And I thank you, Madam President, and I urge 25 everybody to support this legislation.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Rath. 4 SENATOR RATH: Thank you, Madam 5 President. 6 Many years ago when many of us 7 started into government I think we would 8 remember that the phrase that was so operative 9 in this area was welfare and Medicaid reform. 10 The federal government addressed welfare 11 concerns -- not that there are still not 12 welfare concerns there, but you just don't 13 hear it that way anymore. And then it became 14 Medicaid reform. 15 And working together last year, the 16 year before, the year before, with Senator 17 Meier and Senator Hannon, both Majority and 18 Minority members and staff put together a 19 report. One of the most dominant parts of the 20 report, Senator Skelos took up the need for 21 fraud, enforcement on fraud issues and reform 22 with a fraud inspector general. 23 I commend you for your tenacity. I 24 think, as Senator Hannon has laid out very 25 clearly, we have a template in front of us now

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(518) 371-8910 1 for how we can go forward with some of the 2 other very, very thorny issues that presented 3 themselves, things that we would sit down and 4 talk about in a collegial way and say, yes, we 5 need to get at it, but when you come down to 6 the brass tacks of absolutely doing a piece of 7 legislation, it is difficult. There is no 8 substitute for the hard work. 9 So I congratulate everyone who 10 worked on the conference committee -- Senator 11 Skelos -- and I look forward to working with 12 all of you down the line in the future as we 13 approach other of the thorny issues, to help 14 make New York State a better place for all of 15 us and all of our constituents. 16 Thank you. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Meier. 20 SENATOR MEIER: Just very 21 briefly, Madam President. 22 This, I think, is going to prove to 23 be one of the best things we have done during 24 the course of this session of the Legislature. 25 And I'll repeat what I said last night, that

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(518) 371-8910 1 Senator Skelos certainly dug in on this one, 2 and we have some great results today. 3 I'm very hopeful, though, that in 4 the years to come that we can build on this. 5 All too often what we do is we look at 6 Medicaid as merely a budget problem and we 7 talk about, when we do the budget, what the 8 number ought to be. 9 And if we only look at it in that 10 way, then Medicaid in this state will continue 11 to grow astronomically and will continue in 12 many respects, as it grows astronomically, to 13 deliver somewhat mediocre healthcare to people 14 who are really in need. 15 Wringing the fraud out of the 16 system will be an enormous step. It can yield 17 enormous savings. And we can debate all day 18 whether it's 10 percent or 5 percent, but good 19 Lord, even if it's only 1 percent, you're 20 talking about $470 million. We have all seen 21 the entire budget of this state hung up over 22 less money than that. 23 And I've said before what a great 24 thing it would be if, instead of taking the 25 approach that the way to control Medicaid

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(518) 371-8910 1 costs is to take eyeglasses and dental care 2 away from children, that we could wring the 3 fraud out of the system. We could then also 4 go beyond the fraud and take a look at 5 analyzing the data to see what kind of care 6 we're providing and to whom, and to plan that 7 care better and to deliver it earlier and to 8 put more consumer choice into the system, to 9 do a better job of providing more alternatives 10 to care, to institutional care, to deliver 11 long-term care in a better and more 12 intelligent way. And if we do all that, we 13 can transform this system and rein in the 14 costs. 15 This is a great step tonight. And 16 the fundamental building block of this step 17 tonight is to establish a single place where 18 accountability will reside, so that you don't 19 have the spectacle of one department pointing 20 to another or the Executive branch pointing to 21 the Attorney General or the Attorney General 22 pointing back. Accountability will reside in 23 this office. 24 And that's where good government 25 starts, when there is a place that you can go

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(518) 371-8910 1 where someone has to accept responsibility and 2 either the blame or the praise. 3 This is a good thing that we have 4 done tonight, and we've done it by reaching 5 across the aisle in this house, by reaching 6 across the aisle in the other house. That's 7 the way good laws get made. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Is there any other Senator wishing 11 to be heard? 12 The debate is closed. 13 The Secretary will ring the bell. 14 Read the last section. 15 THE SECRETARY: Section 14. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT LITTLE: Senator 21 Marcellino, to explain his vote. 22 SENATOR MARCELLINO: Yes, Madam 23 President, I rise to explain my vote and once 24 again to thank my colleague Senator Skelos for 25 his great work and great efforts.

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(518) 371-8910 1 As has been stated before, this 2 bill again is forward-thinking, 3 forward-looking, and will resolve a major 4 problem that we have in this state, and that 5 is eliminating fraud in our Medicaid and 6 healthcare system. 7 To get rid of fraud will save the 8 taxpayers a tremendous amount of money. The 9 more we do of that, the better we are. This 10 bill goes a long way towards achieving that 11 goal. 12 And I thank my colleague Senator 13 Skelos for his work and great efforts and 14 thank the staffs, thank Senator Bruno for his 15 efforts in this, and thank my colleagues. 16 This bill is truly a great piece of 17 work. I proudly vote aye. 18 ACTING PRESIDENT LITTLE: Thank 19 you. Senator Marcellino is recorded in the 20 affirmative. 21 Could we keep the noise down while 22 several of our members wish to explain their 23 vote. We're really near the end. 24 Senator Winner, to explain his 25 vote.

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(518) 371-8910 1 SENATOR WINNER: Thank you, Madam 2 President. 3 I also want to congratulate Senator 4 Skelos. You know, the Medicaid program has 5 been such a monster in New York State, 6 consuming such a tremendous amount of our 7 available resources at the local level as well 8 as the state level while providing important 9 services. But there is no excuse for dollars 10 going to places it shouldn't go. And while 11 many people will call it fraud and we all use 12 the word "fraud," just the hundreds of 13 millions of dollars, if not billions of 14 dollars of money that we're expending in 15 overpayments and just administrative 16 inefficiency, this legislation will go a long 17 way to bringing down those levels of 18 expenditures and are long overdue. 19 The recent revelations with regard 20 to the overexpenditures in Medicaid are just 21 so alarming, and the tremendous waste of money 22 is such a burden on our real property 23 taxpayers. And the extent that this 24 legislation will go to root out that problem 25 and restore some confidence to the people of

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(518) 371-8910 1 the State of New York in the Medicaid program 2 is so extraordinarily important. 3 So I commend those that are 4 involved in this program, in establishing this 5 Medicaid inspector general. I know it's going 6 to do a lot to restore integrity, confidence 7 in the Medicaid system, and will also result 8 in providing better care for those that are 9 dependent upon the Medicaid program for their 10 healthcare in this state. 11 I vote aye. 12 ACTING PRESIDENT LITTLE: Senator 13 Winner is recorded in affirmative. 14 Senator Balboni, to explain his 15 vote. 16 SENATOR BALBONI: Madam 17 President, I have to avoid a problem for 18 myself. If I didn't stand up after all of my 19 colleagues praised Senator Skelos for all the 20 work he did today and I did not, it would be a 21 bad ride home. 22 He had a heck of a day. And I have 23 to tell you, he's going to be great to live 24 with. Because if he didn't get these bills, 25 he would have been a handful.

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(518) 371-8910 1 But, you know what, all this work 2 is so well deserved, not only on behalf of 3 Senator Skelos but on behalf of the staff and, 4 frankly, on behalf of all the people of the 5 great State of New York. 6 I vote in favor. 7 (Applause.) 8 ACTING PRESIDENT LITTLE: Senator 9 Balboni is recorded in the affirmative. 10 Senator Nozzolio, to explain his 11 vote. 12 SENATOR NOZZOLIO: Thank you, 13 Madam President. 14 I too wish to thank all members of 15 the conference committee, Senator Skelos, for 16 this measure. This will establish 17 accountability, it will provide the results 18 our citizens are demanding, and that means a 19 more efficient, effective system of taxpayers' 20 dollars being expended in a way that we can 21 have some confidence that fraud and abuse in 22 Medicaid will be ferreted out. 23 I am pleased to provide support to 24 this legislative measure. This means results 25 for our taxpayers, and it's what we're here to

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(518) 371-8910 1 achieve. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Senator 4 Nozzolio is recorded in the affirmative. 5 Senator Saland, to explain his 6 vote. 7 SENATOR SALAND: Thank you, Madam 8 President. 9 I rise not merely to laud, as so 10 many others have done tonight, Senator Skelos 11 for his persistence and stick-to-it-iveness in 12 making this a reality, but I rise to point out 13 that between what we have done tonight, what 14 we did in 2005 with the Medicaid cap, we have 15 come to grips very substantially with a 16 problem that has plagued not merely those of 17 us who are state legislators and state 18 officials, but particularly those at the 19 county level who have had to time and again 20 deal with the issue from their perspective, 21 and very often that perspective means real 22 property tax increases. 23 But what I would especially like to 24 point out is that sometime approximately a 25 year or so ago there was considerable

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(518) 371-8910 1 notoriety brought to this very subject when 2 one of the more prominent media outlets in our 3 state brought great attention to the fact that 4 they, with a computer, somehow or other 5 managed to access information and point out 6 some very severe examples of the system being 7 quite literally ripped off by providers. And 8 really, I would think in some rather 9 self-laudatory way, through their editorial 10 comment talked about how they were bringing 11 this issue to the forefront. 12 I rise in part to say we were 13 there -- in large part because of Senator 14 Skelos -- before that. There's been little or 15 no mention of it. I think in one piece that I 16 read, it got some passing mention. But 17 probably at least six to eight weeks, maybe 18 even longer, before this story broke as a 19 major story -- and it certainly was a major 20 story -- with little or no media attention we 21 had talked about a Medicaid fraud bill 22 introduced by Senator Skelos, with a more 23 seamless system, such as the one that we're 24 providing today. It was really the progenitor 25 of what we have arrived at working together in

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(518) 371-8910 1 the conference committee, with both sides of 2 the aisle, in both houses. 3 So I again laud Senator Skelos, not 4 merely for what we accomplished today but for 5 the fact that he has the foresight to get out 6 in front of this issue, along with those of us 7 here in our conference, long before it seemed 8 to attain the level of popularity that it 9 attained about a year or so ago, or perhaps I 10 should say even the notoriety that it attained 11 a year or so ago. 12 So, Madam President, I cast my vote 13 in the affirmative. 14 ACTING PRESIDENT LITTLE: Senator 15 Saland is recorded in the affirmative. 16 Senator Alesi, to explain his vote. 17 SENATOR ALESI: Thank you, Madam 18 President. At the risk of seeming 19 fashionable, I would also like to rise and 20 join my colleagues in saluting Senator Skelos. 21 There's no doubt about the 22 commitment that he has put into not only the 23 DNA bill, the statute bill, going way back to 24 Megan's Law. We all know of the energy, the 25 devotion, the commitment that Dean Skelos has

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(518) 371-8910 1 given this body, this Legislature, the 2 constituents that he serves and the residents 3 of New York State. And this Medicaid bill 4 will go a long way to helping all of those 5 people. 6 And on a more local note, when we 7 look at what's going on in my county, in 8 Monroe County, with the cost of Medicaid 9 starting to drive up the need for sales tax 10 and other means of paying for those services, 11 this will help not only save money but it will 12 help with the money that we're expending to 13 make sure that goes to those people that truly 14 do need those services. We'll have results as 15 a result of this. There will be 16 accountability as a result of this. 17 And once again, at the risk of 18 being fashionable, I'd like to compliment and 19 congratulate Senator Skelos. So much so that 20 I would respectfully suggest that maybe 21 tomorrow the rest of us stay home and let him 22 do the entire session on his own. 23 Senator Skelos, truly, you have 24 done a remarkable job over the years, and you 25 should be very proud of your efforts, as I'm

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(518) 371-8910 1 sure all of us are. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you. Senator Alesi will be recorded in the 5 affirmative. 6 Senator Leibell, to explain his 7 vote. 8 SENATOR LEIBELL: Thank you, 9 Madam President. 10 I had the opportunity last year to 11 go back and look at some of the history of 12 this legislation. And as we all know, the 13 goal here was to try and provide healthcare 14 expeditiously to those who needed it most. I 15 think over the course of years we've tried to 16 achieve that goal. 17 However, we have seen and we've 18 witnessed through various budgets the 19 spiralling cost of this program. And as we've 20 examined some of the reasons for that cost, 21 it's been clear that fraud has hijacked a 22 significant number of dollars that were meant 23 to help those in need. 24 I want to also compliment you, 25 Senator Skelos, in case anyone hasn't already

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(518) 371-8910 1 this evening, on this most dramatic piece of 2 legislation. You certainly have worked hard 3 on this throughout the course of the last 4 couple of years and even before that. 5 I think this will go a long way 6 towards making certain that these necessary 7 dollars go to those for whom it is intended. 8 Thank you. 9 ACTING PRESIDENT LITTLE: Senator 10 Leibell will be recorded in the affirmative. 11 Senator Golden, to explain his 12 vote. 13 SENATOR GOLDEN: Thank you, Madam 14 President. 15 I too rise to thank Senator Skelos 16 for his Triple Crown winning, as Senator 17 Schneiderman pointed that out. It is a great 18 day here for the Assembly and for the Senate 19 and for the Governor of this great state, that 20 we can bring forth great legislation that 21 really works for the people of the city and 22 the state of New York. 23 Brooklyn has been the capital for 24 Medicaid fraud for I don't know how long. 25 This will give us the opportunity to go in

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(518) 371-8910 1 there to stop this Medicaid fraud and put 2 these dollars where they belong. We're 3 talking the savings of $350 million, we're 4 talking about billions of dollars that will be 5 saved here in the city and state of New York 6 and put this state back on the track where it 7 should be going and doing what the people's 8 business should be, and that's saving them 9 their money and giving this money to the 10 people that need it. 11 So I commend Senator Skelos, and I 12 commend all of the Senators here tonight in 13 this Senate chamber for this great action. 14 Thank you, and I vote aye, Madam 15 President. 16 ACTING PRESIDENT LITTLE: Senator 17 Golden will be recorded in the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: In relation to 21 Calendar Number 2049, those Senators absent 22 from voting: Senators Andrews, C. Kruger and 23 Sampson. 24 Ayes, 58. Nays, 0. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President. 4 (Applause.) 5 SENATOR SKELOS: Thank you very 6 much. I thank all my colleagues, because 7 really it is a joint effort and a very 8 important bill. There may be changes in the 9 future to even strengthen it. 10 But I think really what's 11 significant, and I said this before, when 12 people talk about dysfunction in Albany, we 13 have a process here that calls for vigorous 14 debate, calls for the minority to offer 15 amendments, for us to sometimes put in 16 one-house bills to send a message to the other 17 house. 18 But in the end, I believe that we 19 do work together in a very positive way. And 20 today is an example. And quite frankly this 21 entire year, under Senator Bruno's leadership, 22 will be extremely positive for all of our 23 mutual constituents. 24 Madam President, there will be a 25 meeting of the Rules Committee in the Majority

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(518) 371-8910 1 Conference Room at 9:15. We will be taking 2 the report of the Rules Committee and then 3 adjourning. 4 So there's no need, unless you're a 5 member of the Rules Committee, to stay here. 6 And if we could take up some 7 motions at this time also. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator Nozzolio. 11 SENATOR NOZZOLIO: Thank you, 12 Madam President. 13 On page number 29, on behalf of 14 Senator Wright, I offer the following 15 amendments to Calendar Number 997, Senate 16 Print Number 3249C, and ask that said bill 17 retain its place on Third Reading Calendar. 18 ACTING PRESIDENT LITTLE: The 19 amendments are received, and the bill will 20 retain its place on the Third Reading 21 Calendar. 22 SENATOR NOZZOLIO: Madam 23 President, on page number 58 I offer the 24 following amendments, on behalf of Senator 25 Skelos, to Calendar Number 1909, Senate Print

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(518) 371-8910 1 Number 7381B, and ask that said bill retain 2 its place on Third Reading Calendar. 3 ACTING PRESIDENT LITTLE: The 4 amendments are received, and the bill will 5 retain its place on the Third Reading 6 Calendar. 7 Senator Farley. 8 SENATOR FARLEY: Madam President, 9 on behalf of Senator DeFrancisco, I wish to 10 call up his bill, Senate 7216, which has 11 passed both houses and not delivered to the 12 Governor. 13 ACTING PRESIDENT LITTLE: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1068, by Senator DeFrancisco, Senate Print 17 7216, an act to amend the Vehicle and Traffic 18 Law. 19 SENATOR FARLEY: Madam President, 20 I now move to reconsider the vote by which 21 this bill was passed, and I ask that the bill 22 be restored to the order of third reading. 23 ACTING PRESIDENT LITTLE: The 24 Secretary will call the roll on 25 reconsideration of the vote.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 SENATOR FARLEY: I now offer the 4 following amendments. 5 ACTING PRESIDENT LITTLE: The 6 amendments are received. 7 SENATOR FARLEY: Madam President, 8 on behalf of Senator DeFrancisco, I wish to 9 call up his bill, Senate 7233, having passed 10 both houses but not delivered to the Governor. 11 ACTING PRESIDENT LITTLE: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 912, by Senator DeFrancisco, Senate Print 15 7233, an act to amend the Penal Law. 16 SENATOR FARLEY: Madam President, 17 I now move to reconsider the vote by which 18 this bill was passed, and I ask that the bill 19 be restored to the order of third reading. 20 ACTING PRESIDENT LITTLE: The 21 Secretary will call the roll on 22 reconsideration of the vote. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 SENATOR FARLEY: Madam President,

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(518) 371-8910 1 I now offer the following amendments. 2 ACTING PRESIDENT LITTLE: The 3 amendments are received. 4 The Senate stands at ease until the 5 Rules Committee is completed. 6 (Whereupon, the Senate stood at 7 ease at 9:14 p.m.) 8 (Whereupon, the Senate reconvened 9 at 9:30 p.m.) 10 ACTING PRESIDENT LITTLE: Senator 11 Skelos. 12 SENATOR SKELOS: Madam President, 13 if we could return to reports of standing 14 committees, I believe there's a report of the 15 Rules Committee at the desk. I ask that it be 16 read at this time. 17 ACTING PRESIDENT LITTLE: Reports 18 of standing committees. 19 The Secretary will read the report 20 of the Rules Committee. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, reports the 23 following bills: 24 Senate Print 3232A, by Senator 25 Seward, an act to amend the Environmental

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(518) 371-8910 1 Conservation Law; 2 3530C, by Senator Golden, an act to 3 amend the Elder Law; 4 4621, by Senator Hannon, an act to 5 amend the Education Law; 6 5071B, by Senator Spano, an act to 7 amend the Social Services Law; 8 5606A, by Senator Hannon, an act to 9 amend the Public Health Law; 10 5975A, by Senator Maziarz, an act 11 to amend the Public Health Law; 12 6833, by Senator Spano, an act 13 relating to establishing; 14 6986A, by Senator Golden, an act to 15 amend the Social Services Law; 16 7340A, by Senator Hannon, an act to 17 amend the Social Services Law; 18 7373, by Senator Klein, an act 19 authorizing; 20 7717A, by Senator Hannon, an act to 21 amend the Public Health Law; 22 8200, by Senator Robach, an act to 23 amend the Legislative Law; 24 8342A, by Senator Spano, an act to 25 amend the Tax Law;

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(518) 371-8910 1 8347A, by Senator Marcellino, an 2 act to amend the Environmental Conservation 3 Law; 4 8354, by the Senate Committee on 5 Rules, an act to amend the Education Law; 6 8355, by Senator Saland, an act to 7 amend the Education Law; 8 8360, by Senator Saland, an act to 9 amend the Education Law; 10 8363A, by Senator Balboni, an act 11 authorizing; 12 8364, by Senator Maltese, an act to 13 amend the General Municipal Law; 14 8365A, by Senator Golden, an act to 15 amend the Education Law; 16 8383, by Senator Padavan, an act 17 directing; 18 8384, by Senator Alesi, an act to 19 amend the Economic Development Law; 20 8385, by Senator Alesi, an act to 21 amend the Economic Development Law; 22 8386, by Senator Alesi, an act to 23 amend the State Administrative Procedure Act; 24 8393, by Senator DeFrancisco, an 25 act to amend Chapter 203 of the Laws of 2004;

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(518) 371-8910 1 8407, by Senator Saland, an act to 2 authorize; 3 8414, by Senator Bruno, an act to 4 amend the State Finance Law; 5 8417, by Senator Spano, an act to 6 amend the Insurance Law; 7 8420, by Senator Flanagan, an act 8 to amend the Education Law; 9 8423, by Senator Flanagan, an act 10 to amend the Economic Development Law; 11 8435, by Senator Meier, an act to 12 amend the Family Court Act; 13 8438, by Senator Bruno, an act 14 authorizing; 15 And Senate Print 8442, by Senator 16 Golden, an act to amend the Tax Law. 17 All bills ordered direct to third 18 reading. 19 ACTING PRESIDENT LITTLE: Senator 20 Skelos. 21 SENATOR SKELOS: Madam President, 22 I move to accept the report of the Rules 23 Committee. 24 ACTING PRESIDENT LITTLE: All in 25 favor of accepting the report of the Rules

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(518) 371-8910 1 Committee signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT LITTLE: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT LITTLE: The 7 report is accepted. 8 SENATOR SKELOS: Is there any 9 further business at the desk? 10 ACTING PRESIDENT LITTLE: There 11 is no further business, Senator Skelos. 12 SENATOR SKELOS: There being no 13 further business, I move we stand adjourned 14 until Thursday, June 22nd, 10:00 a.m. 15 ACTING PRESIDENT LITTLE: On 16 motion, the Senate now stands adjourned until 17 Thursday, June 22nd, at 10:00 a.m. 18 (Whereupon, at 9:33 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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(518) 371-8910