Tuesday, March 6, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 6, 2007 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting 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 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 I ask everyone to please rise and 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: In 9 the absence of clergy, let's have a moment of 10 silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT MARCELLINO: 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Monday, March 5, the Senate met pursuant to 17 adjournment. The Journal of Sunday, March 4, 18 was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT MARCELLINO: 21 Without objection, the Journal stands approved 22 as read. 23 Can we have some order, please, so 24 we can start. 25 Presentation of petitions.

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(518) 371-8910 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motion and resolutions. 8 Senator Wright. 9 SENATOR WRIGHT: Thank you, 10 Mr. President. Would you recognize Senator 11 Dilan, please. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Dilan. 14 SENATOR DILAN: Mr. President, 15 there will be an immediate Minority conference 16 in Room 315. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you, Senator. 19 There will be an immediate meeting 20 of the Minority conference in Room 315. 21 The Senate will stand at ease. 22 (Whereupon, the Senate stood at 23 ease at 3:15 p.m.) 24 SENATOR SKELOS: Mr. President. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 just to inform the members that I will be 4 starting session in one minute. That means 5 ten to 4:00. 6 We have confirmations to be 7 accomplished. We have the Chief Judge of 8 New York State of our Court of Appeals 9 waiting. And I think it would be appropriate 10 and show due respect if the Senate would 11 reconvene in one minute to handle the 12 confirmations. 13 ACTING PRESIDENT MARCELLINO: The 14 Senate will convene in one minute -- that is, 15 approximately ten minutes to 4:00 -- to finish 16 the business of the day. 17 Thank you. 18 (Whereupon, the Senate reconvened 19 at 3:50 p.m.) 20 SENATOR SKELOS: Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Skelos. 23 SENATOR SKELOS: If we could 24 return to reports of standing committees, I 25 believe there's a report of the Judiciary

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(518) 371-8910 1 Committee at the desk. 2 I ask that we take it up at this 3 time. 4 ACTING PRESIDENT MARCELLINO: 5 Yes, there is, Senator. 6 We will return to reports of 7 standing committees. The Secretary will read. 8 THE SECRETARY: Senator 9 DeFrancisco, from the Committee on Judiciary, 10 reports the following nomination. 11 As Chief Judge of the Court of 12 Appeals, Honorable Judith S. Kaye, of New York 13 City. 14 ACTING PRESIDENT MARCELLINO: 15 Senator DeFrancisco. 16 SENATOR DeFRANCISCO: Thank you, 17 Mr. President. 18 As members continue to come in and 19 we wait for the Minority, who is apparently 20 still in conference, we wanted to move the 21 nomination of Judith Kaye to continue as Chief 22 Judge of the Court of Appeals and not have her 23 wait any longer for that conference to be 24 done. 25 It is really an honor for me to

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(518) 371-8910 1 stand here and move the nomination of Judith 2 Kaye. Although many of the issues that arise 3 we may have some differences of opinion on, no 4 one can ever say that she hasn't moved the 5 agenda that she thinks is the most important 6 agenda for the State of New York, especially 7 the judiciary. 8 No one could ever fault her for not 9 doing everything she possibly can to move that 10 agenda and to move it quite effectively, as 11 we've heard from many speakers in the 12 Judiciary Committee meeting this morning. 13 Those speakers spoke almost 14 unanimously about her phenomenal 15 qualifications and the great work that she has 16 done. There was some dissent, but most of the 17 dissent that we heard were not directly 18 related to her but the conditions that they 19 were concerned about, and I think mostly from 20 personal matters that they may have had with 21 the court. 22 Obviously, if you have to go before 23 a court, you're not going to please everyone, 24 and that's certainly true with any judge. 25 There's no question, from issues

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(518) 371-8910 1 such as reform of the jury system, from issues 2 concerning Family Court dealing with children 3 and the like, there's a vast improvement in 4 the Judiciary under the tutelage of Judge 5 Kaye. In addition, the specialty courts have 6 been so unique that they're a model for the 7 courts throughout the country. 8 And we're very pleased that 9 Governor Spitzer did allow her to continue in 10 that position as long as she's able to 11 continue under the laws of this state and 12 under the Constitution. 13 So I rise to move the nomination of 14 Judith Kaye to continue her fine work as Chief 15 Judge of the Court of Appeals. And I would 16 request that you recognize Senator Bonacic to 17 second the nomination. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Bonacic, to second the nomination. 20 SENATOR BONACIC: Thank you, 21 Mr. President. 22 As I said in the Judiciary 23 Committee, there must be something in the 24 Catskill water, because Judge Kaye is in fact 25 the second Chief Justice of the Court of

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(518) 371-8910 1 Appeals from Monticello, Sullivan County. The 2 first, of course, was the Honorable Judge 3 Lawrence Cooke. The names Cooke and Kaye are 4 revered in Sullivan County, and there is a 5 tremendous regional pride that the Catskills 6 have produced two such outstanding jurists. 7 When Judge Kaye was confirmed 8 14 years ago, Senator Cook made some remarks 9 in the record which I've pulled out. And one 10 of the things he said, and he quoted a 11 newspaper, he wondered how her soft voice 12 would be heard in the courtroom. 13 I've seen Judge Kaye in action. I 14 can tell you her voice is heard quite well, 15 and all over. 16 Judge Kaye grew up on a farm, and 17 perhaps that gave her the work ethic and the 18 can-do spirit that make her, of course, the 19 first woman to head the Court of Appeals. But 20 again, I must recite some history. Which is 21 to say that 14 years ago, Governor Cuomo 22 nominated not just the first woman to lead the 23 court, but also the most qualified candidate 24 to do so. 25 Fourteen years later, Governor

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(518) 371-8910 1 Spitzer has renewed the term not only of the 2 first woman to lead the court, but he has 3 renominated the most qualified candidate. Our 4 laws will require her to step down in a little 5 over 22 months -- a law which, quite frankly, 6 I think makes no sense. The good news is that 7 the next President could elect a judge. And 8 if a vacancy comes available, I would think he 9 could look no further than Judge Kaye if she's 10 so inclined. 11 Judge Kaye has presided over the 12 court with dignity, grace, integrity, passion 13 and intelligence for 14 years. Interpreting 14 the statutes made by any legislature can 15 certainly be a challenge. And if the critics 16 are to be believed, interpreting the laws that 17 this Legislature makes can be particularly 18 challenging. 19 Judge Kaye has done, with skill and 20 savvy, her work. She has recognized the 21 constitutional principles which our founders 22 laid clear, applying them in a responsible way 23 to the laws of today. It is not the Catskill 24 water that makes Judge Kaye the most qualified 25 person to continue serving as Chief Justice,

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(518) 371-8910 1 it is her reasoned decisions, sincere advocacy 2 on behalf of our judicial system, and 3 passionate commitment to equal justice for 4 all, that makes her the most qualified. 5 I am distinctly honored to second 6 the nomination of the Honorable Judith Kaye. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Bonacic. 10 Senator Saland. 11 SENATOR SALAND: Thank you, 12 Mr. President. 13 Mr. President, earlier today we had 14 the opportunity in the Judiciary Committee to 15 go through the confirmation procedure for 16 Judge Kaye. I at that time expressed some 17 reservations having absolutely nothing to do 18 with the character of this extraordinarily 19 capable and gracious human being, somebody who 20 has dedicated a good part of her life to the 21 cause of the judiciary. 22 But I find myself somewhat 23 conflicted, and I mentioned again particularly 24 during the course of that proceeding that the 25 two committees that I have chaired most

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(518) 371-8910 1 recently have had significant issues that came 2 before the court, and the court in majority 3 opinions, four-member opinions written by 4 Judge Kaye, ruled certainly, I think, in 5 accordance with her exceptional sense of 6 social conscience, but to me ruled more like a 7 legislator than a judiciary. 8 And some two or three years ago, 9 whenever it was that we confirmed Judge Robert 10 Smith, I said at that time that I no longer 11 felt constrained by the standard that I had 12 used in the course of viewing the credentials 13 of judges, that it wasn't merely a matter of 14 competence, it wasn't merely a matter of 15 whether it was somebody who the Governor sent 16 up who was qualified, it was really a matter 17 of whether I believed that that person had the 18 ability to serve in a fashion which 19 effectively had as its cornerstone a 20 commitment to judicial restraint. 21 During the course of those 22 hearings, Judge Smith spoke in terms of being 23 a member of the Federalist Society. Judge 24 Pigott, the following instance, spoke in great 25 terms about recognizing separation of powers.

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(518) 371-8910 1 Judge Jones, most recently, spoke at great 2 length about recognizing separation of powers. 3 I am a legislator, and this is not 4 the easiest business in the world. This is a 5 business in which we're constantly subject to 6 criticism. As I mentioned this morning in our 7 confirmation hearing, it was Winston Churchill 8 who said democracy is the worst of all 9 possible systems, except all the rest of them 10 that have been tried from time to time. 11 I find that I am constrained to 12 vote against this nomination, not because I 13 have no personal regard for Judge Kaye -- I 14 have high personal regard for her -- but I 15 believe that there are 212 members of the 16 Legislature, all of whom are elected, all of 17 whom come from their respective districts, 18 bringing with them whatever it is they believe 19 to be what the views of their districts may 20 be, and from time to time, every two years in 21 the case of this Legislature, are called upon 22 to be held to task with respect to those votes 23 and the positions that they've taken. 24 I don't believe that's a function 25 of the Judiciary. And I believe certainly, in

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(518) 371-8910 1 those particular cases that I discussed 2 somewhat briefly during the course of our 3 confirmation proceeding, I don't believe that 4 to have been the case. 5 So with a great deal of personal 6 angst, I will not be voting for Judge Kaye. 7 Thank you. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Saland. 10 Senator Volker. 11 SENATOR VOLKER: Mr. President, 12 I've told Judge Kaye this personally, so I -- 13 she was not -- I think I'm the only person 14 here that was on the committee, the Judiciary 15 Committee, when Judge Kaye was first nominated 16 and we confirmed her. And I can't remember 17 whether -- Owen, I don't know if you were on 18 the Judiciary or not. I think maybe he 19 wasn't. I may be wrong. Anyway -- 20 ACTING PRESIDENT MARCELLINO: 21 Senator Volker, would you please speak up? 22 We're having difficulty hearing your voice. 23 SENATOR VOLKER: I'm sorry. 24 Sorry. 25 Anyways, I actually supported

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(518) 371-8910 1 another woman for Chief Judge of the Court of 2 Appeals, and this was totally unbiased, the 3 late great Dolores Denman, who was the 4 Appellate Division judge up in Western 5 New York. Had nothing to do with the fact 6 that she was a classmate of mine -- in fact, 7 sitting right down the row from me -- and her 8 husband was also a classmate of mine. I have 9 to admit it did have a -- no, I just want to 10 tell you that. Because you may not remember, 11 but I told you that before. 12 But I have to admit that your 13 tenure, as we said in the committee, has been 14 marked by class, by an understanding of the 15 law. Although we have not all agreed, I've 16 said before that that's not unusual for me, 17 but I have to say that you will be remembered, 18 very possibly, as the finest legal -- and I 19 say "legal," by "legal" meaning a legal 20 mind -- Court of Appeals Chief Judge in modern 21 times. And I don't think there's any question 22 of that. 23 Oh, I know, we've disagreed. And 24 there are people that are going to say, Well, 25 Dale, you should be opposed to the Chief Judge

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(518) 371-8910 1 because she hasn't done this or that. But the 2 law is in an evolving process and a difficult 3 process. What I believed when I was younger 4 is a lot different from what I believe now. 5 My father, who was an 6 Assemblyman -- and, by the way, who was -- at 7 the time, he created the Family Court and was 8 called the father of the Family Court. And he 9 said before he died, "It's a good idea, but 10 it's never operated the way we'd intended it." 11 And as you said, part of the reason is we need 12 a bunch of Family Court judges, and there's no 13 question of that. 14 One of the things I have to say, 15 that you have been willing to speak out about 16 problems in the courts and problems with 17 funding and many other things. And I commend 18 you for that, because I think it's refreshing 19 that someone in control of an administration 20 does that. 21 So my congratulations to you. I 22 firmly believe that you will be remembered as 23 one of the finest, if not the finest, Chief 24 Judges of the Court of Appeals. Good luck. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Thank you, Senator Volker. 2 Senator Hassell-Thompson. 3 SENATOR HASSELL-THOMPSON: Thank 4 you, Mr. President. 5 I rise to add my voice to those who 6 are in support of Judge Kaye. And I'd like to 7 just express some opinions that I feel about 8 Judge Kaye at this time. 9 We can all admire Judge Kaye's 10 dedication, integrity, and respect for the 11 Constitution and the people of this state. 12 Judge Kaye's exemplary service as head of the 13 state court system has been marked with one 14 visionary proposal after another on such 15 issues as probation system reform, court 16 consolidation, jury duty, no-fault divorce, 17 and a host of other worthy initiatives. 18 As head of the state judicial 19 system, Judge Kaye has been a force in 20 improving the lot of jurors by shortening 21 service and increasing pay, creating 22 specialized courts to focus on drugs and 23 domestic violence, getting better pay for 24 court-appointed attorneys, and improving legal 25 services for the poor.

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(518) 371-8910 1 Though considered one of the more 2 liberal members of the seven-member court, 3 Judge Kaye has not pushed the court toward the 4 left during her tenure. The Kaye court has 5 been known for its moderation and its tendency 6 to not overreach in handing down decisions. 7 Among the high-profile majority opinions she's 8 authored are the landmark 2003 Campaign for 9 Fiscal Equity case, which held the state's 10 education funding system unconstitutional, and 11 the 1995 decision allowing adoption in 12 New York by unmarried couples, both 13 heterosexual and homosexual. 14 For more than 14 years Judge Kaye 15 has shown remarkable fortitude, diplomatically 16 goading the state's mammoth court system out 17 of inertia and into positive directions. 18 Judge Kaye has realized innovation and reform 19 despite polarizing politics all around. 20 New York's high court is among the 21 nation's most respected, and Chief Judge Kaye 22 has helped move the panel to the middle on 23 issues such as criminal justice. 24 As the top court administrator, 25 Judge Kaye has also instituted landmark

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(518) 371-8910 1 reforms, notably opening Family Court to the 2 public and battling courthouse patronage. 3 It is my pleasure to be among those 4 who revere this woman for the example that she 5 has shown to the courts and to women across 6 this state. And I am more than happy to put 7 the name of Judge Kaye in nomination for the 8 Chief Judge of the Court of Appeals. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator. 12 Senator Adams. 13 SENATOR ADAMS: Mr. President, I 14 rise in support of our nominee for Chief Judge 15 of the Court of Appeals. 16 I think that one of the most 17 important things is throughout the years I had 18 the opportunity to speak and interact with the 19 judge at different events outside of her 20 capacity as a member of the judiciary. And 21 there was a level of professionalism, but what 22 touched me the most is, as the Chief Judge of 23 the Court of Appeals, to write the opinion 24 around the Campaign for Fiscal Equity. 25 As a law enforcement person, you

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(518) 371-8910 1 begin to realize that the common denominator 2 to those who are incarcerated is not 3 ethnicity, it is not economics, it is 4 education. And she understood the importance 5 to make sure that our school system within 6 New York City is fairly funded, that we don't 7 produce those young men and women who are not 8 prepared as they move on to be productive 9 citizens in our society. 10 I think the judge brings a level of 11 expertise, a level of compassion, and a level 12 of diversity that's needed on the bench to 13 ensure that we can move ahead as a great state 14 with a great judiciary system. And I support 15 her nomination. 16 ACTING PRESIDENT MARCELLINO: 17 Thank you, Senator Adams. 18 Senator Schneiderman. Oh, there 19 you are. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. I'm failing again to convince 22 Senator Maziarz to do something intelligent. 23 (Laughter.) 24 SENATOR SCHNEIDERMAN: But I 25 am -- we'll talk about it later.

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(518) 371-8910 1 I am urging everyone here, urging 2 everyone here -- as a Senator, as a 3 New Yorker, as a father, and as a lawyer -- 4 that this is a nominee deserving all of our 5 support. 6 I will tell you that there are two 7 things that you have to do well to be a Chief 8 Judge. One is to be a good judge. And this 9 is truly a fine jurist. 10 I strongly disagree with my 11 esteemed colleague Senator Saland about the 12 issue of separation of powers. As long as 13 this republic has been in existence, there's 14 been a tension between the judiciary and the 15 legislature, and that tension is what makes it 16 all work. Marbury v. Madison is still good 17 law. 18 And I am grateful that we have a 19 Court of Appeals that, when it delved into the 20 actual meaning and application of the 21 provision of our State Constitution that 22 requires a system of common schools for all 23 the children of this state, it found on the 24 unassailable record below that we were in 25 violation of that provision. Because in my

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(518) 371-8910 1 district, where the CFE case began by the 2 parents or the school board in Northern 3 Manhattan, children were in overcrowded 4 classrooms with unqualified teachers, 5 graduating year after year after year from the 6 12th grade with an 8th-grade reading level. 7 That was a violation of the 8 Constitution, and I am grateful that our 9 highest court had the courage to stand up to 10 the decades of inaction -- not by us, 11 necessarily, individually, but by the state 12 government as a whole -- and require us to fix 13 it. 14 I am grateful for the judge's work 15 in other areas, certainly. She's had a long 16 and distinguished career as a judge and as an 17 attorney before that. But she's more than 18 just a great jurist. This is someone who is 19 an activist. And I feel, as a practicing 20 lawyer, that this is someone who is advocating 21 for the good of the legal system for all of 22 the people of this state, advocating for legal 23 services for the poor, for fair compensation 24 for judges, for access to courts, for 25 reorganization of courts where they're not

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(518) 371-8910 1 working. She does not hesitate to criticize 2 parts of the system that do not work. 3 So I would suggest, ladies and 4 gentlemen, that none of us agree all the time. 5 I mean, you know, I have great regard and 6 great respect for a lot of my colleagues who I 7 disagree with most of the time, especially 8 Senator Maziarz. 9 But it's time to recognize good 10 work and an effort where, even if you may 11 disagree on one or two cases, this is a good 12 judge and this is a great Chief Judge. And I 13 am proud to support her nomination, and I urge 14 everyone to do the same. 15 Thank you. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Oppenheimer. 18 SENATOR OPPENHEIMER: Thank you. 19 I want to also say a word to 20 Senator Saland before I speak about Judith, 21 and that is that we are certainly not in the 22 forefront as far as having our highest courts 23 speak to the issue of education funding. Over 24 half of our states in the United States have 25 had decisions such as ours come down from

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(518) 371-8910 1 their highest courts. 2 So I firmly -- I agree totally with 3 what Senator Schneiderman was saying. This is 4 one of the tensions that makes our system 5 work. And we are certainly not in the 6 forefront in improving our education system 7 under a court mandate. 8 But let me turn to Judith. One of 9 the things that I think -- pardon me, Judge 10 Kaye. I'm sorry, Judith. I've just known her 11 for a long time before she came up here to 12 Albany. 13 Judge Kaye, I feel the thing that 14 is unique about her is not that she is a great 15 jurist -- we know that -- but that she's an 16 activist, that she's an activist jurist. That 17 she has made so many efforts towards reform in 18 so many different areas and tried to bring 19 integrity into the process. 20 And her ideas are creative, and 21 that's unusual. You don't always find that 22 with a great judge; they may not have that 23 ability to think creatively. And she does. 24 But also something that I think is 25 unique is she's so down to earth in her

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(518) 371-8910 1 thinking and in her persona. Anybody 2 approaches her, she is open, she is friendly, 3 she is generous in spirit, she will listen to 4 you and, you know, not turn her eyes away. 5 She's concentrating on you, the person. 6 And I think the fact that when she 7 decided that all of us should be potentially 8 on juries, she said yes indeed, and so should 9 the highest court judges be a part of a jury, 10 and offered her services as a member of a 11 jury. 12 So I think the thing that sets her 13 apart -- well, first of all, she is the 14 longest-serving Chief Judge, so that sets her 15 apart. Her creativity and activism sets her 16 apart. But it's also her kindness and 17 generosity that sets her apart. 18 So I'm just very happy to be here 19 and at this time to third or fourth or fifth 20 your nomination. 21 Thank you. 22 ACTING PRESIDENT MARCELLINO: 23 Thank you, Senator Oppenheimer. 24 Senator Connor. 25 SENATOR CONNOR: Thank you,

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(518) 371-8910 1 Mr. President. 2 I'm certainly delighted to rise in 3 support of the confirmation of the 4 reappointment of Judge Kaye as Chief Judge of 5 the Court of Appeals. 6 She has been a spectacular jurist, 7 both when she was an associate judge and as 8 the Chief Judge of the Court of Appeals. I 9 must say I have appeared before the Court of 10 Appeals many times. When I've won the cases, 11 I've thought Judge Kaye and her colleagues 12 were absolutely brilliant. When I've lost, it 13 sometimes took me a day or two to reflect upon 14 matters. 15 But that's what judges do. Judges 16 decide cases. And there's always a winner and 17 a loser. And both litigants arrive at the 18 court firmly convinced of the righteousness of 19 their cause. And that's why we need courts, 20 and that's why we need judges. 21 Senator Saland, I respect your 22 views. But, you know, since Justice Marshall 23 shocked the President and most of the Congress 24 in Marbury, it's been a principle in this 25 country that the courts are the ones who

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(518) 371-8910 1 interpret the Constitution and tell us what it 2 means. 3 And they also do the same thing 4 with statutes. Usually, unless they've ruled 5 the statute unconstitutional. Sometimes we 6 see courts interpret a statute in a way that 7 we may not have intended. But we are always 8 free then to relegislate the matter. 9 You know, I must say a few years 10 back there was a case -- and I wasn't exactly 11 a party, but I actually wrote the brief. 12 Someone else argued. And it was a very, very 13 lengthy brief. I believe the argument, I 14 believe it was on a Monday morning, and I 15 think the briefs were handed in that same 16 morning. 17 And I had fun writing this brief 18 because the courts below had ventured to say 19 what the legislative history of the statute 20 was that was under question. And I learned 21 through some research that there was no 22 legislative history, because in the middle of 23 this Capitol there had been a fire in October 24 of 1911, and all of the bill folders, all the 25 bill jackets were lost.

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(518) 371-8910 1 Thankfully, if you read the Times 2 Union today, it tells you that some people 3 rescued the original draft of the Emancipation 4 Proclamation. They also rescued the original 5 Constitution of the State of New York. But 6 legislative history was lost. 7 So we handed in this big brief, and 8 the argument was maybe two hours later. And 9 opposing counsel got up and started to talk 10 about the legislative history. And Judge Kaye 11 leaned over and said: "Sir, we don't really 12 know what the legislative history is, do we?" 13 And I knew in that short period of time that 14 that lengthy brief had certainly been digested 15 well by Judge Kaye, because she is a 16 conscientious, brilliant, brilliant jurist. 17 Let me say this. You know, she 18 bears two titles. You know, the Chief 19 Justice -- people in Washington often refer to 20 the Chief Justice as the Chief Justice of the 21 Supreme Court. That's inaccurate. It's the 22 Chief Justice of the United States. 23 In New York we have the Chief Judge 24 of the Court of Appeals, who is also the Chief 25 Judge of the State of New York. And in that

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(518) 371-8910 1 role, the Chief Judge, Judge Kaye, has been 2 responsible for the entire administration of 3 the court system, from the lowliest to the 4 highest courts in the state. 5 And under her administration, 6 because here strictly she doesn't act as a 7 jurist, but a chief administrator, we have 8 seen such wonderful reforms, such efficiencies 9 and innovative changes in the court system 10 that respond to the needs of the people and 11 the needs of the bar that represents those 12 people. 13 We have seen efforts to address 14 serious concerns raised by the public about 15 appearances in some aspects of court 16 procedures, which Judge Kaye has immediately 17 addressed and addressed in a very aggressive, 18 conscientious way, to make sure that the 19 highest standards are upheld in the courts. 20 In aspects of attorney-client 21 relations and fee disputes, she has fostered 22 and implemented rules that have really, 23 sometimes despite the shortcomings of the bar, 24 have actually elevated, I hope, the public's 25 esteem and respect for the legal profession.

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(518) 371-8910 1 In sum, she more than deserves her 2 reappointment. She has made all New Yorkers 3 proud. Certainly as a legislator, as a 4 lawyer, and as a parent I am really, really 5 proud and happy that Chief Judge Kaye will 6 continue to serve us. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Connor. 10 Senator Montgomery. 11 SENATOR MONTGOMERY: Thank you, 12 Mr. President. 13 I rise to also add to what my 14 colleagues have said about Judge Kaye. I want 15 to just make this very personal to me and my 16 experience. 17 There have been a few people in my 18 personal and political and professional career 19 that have been profoundly significant to my 20 own personal development and growth. One of 21 those people, one of those few people is Judge 22 Judith Kaye. 23 And I admire her, I admire you, 24 Judge Kaye, because as a woman who has been 25 able to rise to a very, very meaningfully

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(518) 371-8910 1 powerful position, you have -- I've watched 2 you with so much grace and so much skill and 3 so much diplomacy be able to begin to turn a 4 system which is akin to an ant turning an 5 elephant, I think. 6 And while doing that, I think one 7 of the things that I really, really like so 8 much is that in addition to being a role model 9 to teach other women how to do that -- because 10 it's not easy for women to be able to do 11 that -- you have seen fit and taken the time 12 to include us women of the Legislature in the 13 process. You have taken the time to invite us 14 over to give us an education, an understanding 15 in what you were trying to do. 16 And you did that at a time, in 17 those lunches that I cherish so much, it was a 18 time when we were not really engaged in that 19 dialogue. It was amongst the men of power. 20 And you brought it to us and helped us to be 21 part of that dialogue. 22 And so consequently I understand 23 now much more what you were trying to do. And 24 I also support some of the reforms that are 25 based -- what I think much more on practical

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(518) 371-8910 1 rationale as it relates to the need to reform 2 our court system, and I thank you for that. 3 And I also am very, very happy that 4 despite the fact that there's this tremendous 5 logjam and it's taken years and years and 6 you've talked about it to everybody at all 7 levels -- you still have not been able to get 8 it done -- however, you, in your own capacity, 9 have been able to make some significant 10 changes. 11 I am so happy with the Community 12 Court in my district. It is one of the most 13 innovative things that's happened to people, 14 for little people in Brooklyn, that they have 15 a Community Court that they can go to that is 16 different from the big courts. 17 And I'm so grateful that we have 18 Drug Courts, because that's a whole different 19 mindset in terms of dealing with people who 20 are essentially sick in that capacity. 21 And I am so grateful for what you 22 have done for domestic violence, for the women 23 in particular in this state. 24 So as a woman who very often feels 25 isolated and alienated from the central power

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(518) 371-8910 1 decision-making process, I am so thankful that 2 I have you to look at and admire as a role 3 model. And I can only look forward to 4 continuing for you to be there so that we can 5 appreciate your brilliance and your skill and 6 what you've brought to New York State. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 You're welcome, Senator. 10 Senator Duane. 11 SENATOR DUANE: Thank you, 12 Mr. President. 13 History will prove you right. Keep 14 it up. Thank you. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Liz Krueger. 17 SENATOR LIZ KRUEGER: Thank you, 18 Mr. President. 19 Well, pretty much my colleagues 20 have said everything I wanted to say. And 21 then Senator Duane pretty much said it the way 22 I wanted to, which was the fact that Judge 23 Kaye could easily go home and retire and be 24 incredibly proud of the work that she has done 25 for the court system of the State of New York

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(518) 371-8910 1 and the people of the State of New York, and 2 yet she is willing to continue to serve us. 3 And so I also wanted to say thank 4 you for being willing to continue to serve us, 5 Judge Kaye. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator Krueger. 8 Senator Stewart-Cousins. 9 SENATOR STEWART-COUSINS: Yes, I 10 too wanted to just add my voice to those of my 11 colleagues, Mr. President, and thank Chief 12 Judge Kaye for all that she's done. 13 I think there's not enough telling 14 you what an important role model you are. And 15 I realize during the whole course of my public 16 career, there has been you. And the comfort, 17 frankly, that that gives to me and others who 18 would think that they might not be heard on 19 these very highest of levels. 20 I also wanted to just mention what 21 happened today in the hearing, how humble you 22 are. You could have come in knowing, frankly, 23 that, you know, overwhelmingly we want you to 24 continue. But you didn't have that attitude. 25 You came in with humility, you asked for the

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(518) 371-8910 1 continuation of service, you asked to be 2 allowed to complete those things that are so 3 important to you. You told us to the day how 4 long you had. And I appreciate that. 5 And also you told us that you are 6 an optimist. You would have thought, after 7 all that you've gone through and how hard it's 8 been, that you would have lost that optimism. 9 You have not. 10 So you are indeed a role model. 11 You are someone that we indeed are very, very 12 proud of and certainly encourage you forward 13 for all of the 22 months and 16 days that 14 we'll be honored to have you. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator Stewart-Cousins. 17 Is there any other Senator wishing 18 to be heard on this issue? 19 Senator Maziarz, to close. 20 SENATOR MAZIARZ: Thank you very 21 much, Mr. President. 22 Gee, I feel like I'm going to go 23 against the grain here. 24 You know, I attended the Senate 25 Judiciary Committee, very ably run by the

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(518) 371-8910 1 chairman, Senator DeFrancisco. And two of the 2 people that testified in support of this 3 nominee talked about, praised her for her 4 ability to give the downtrodden access to 5 justice. And they mentioned several groups. 6 But nobody ever mentioned access to 7 justice for crime victims. Nobody ever 8 mentioned somebody that I've mentioned on the 9 floor of this Senate numerous times, Jill 10 Cahill, murdered by her husband, beaten in the 11 head by a basketball bat, had cyanide poison 12 poured down her throat. 13 Jill's family, every time I see 14 them, they say to me, "You know, we went 15 through the system." The Onondaga district 16 attorney did his job. The trial court judge 17 did his job, you know. The jurors did their 18 job, painfully did their job. And yet when it 19 went up to the Court of Appeals, the Court of 20 Appeals rejected the will and intent of this 21 body, the Assembly, and the Governor who 22 signed a death penalty bill in this state. 23 I implore my colleagues, there's 24 not a more important decision we are going to 25 make this year than this vote here today. You

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(518) 371-8910 1 know, we've got the budget coming up, 2 healthcare, education, all very important. 3 Not one of those votes is going to be more 4 important than the one that we make on this 5 nominee. 6 I implore my colleagues to do 7 something for the crime victims in this state. 8 It is out of control. You saw the front page 9 of a New York City newspaper yesterday, an 10 individual murdered 30 people. Thirty people 11 he killed. Life without parole. I won't get 12 into one of the graphic descriptions of how he 13 murdered some of those people. 14 We have a system of selecting 15 judges in this state where political leaders 16 get in a back room, they decide who the voters 17 are going to be able to select from to become 18 Supreme Court judges. It's an embarrassment, 19 it's unfair. The court has struck it down, as 20 well they should. 21 The judge today at the Senate 22 Judiciary Committee said that she supports a 23 system where lawyers would get in a room, they 24 would make a decision as to who the voters 25 should choose from. To me, I don't see any

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(518) 371-8910 1 difference between those two systems. I think 2 it's elitist and I think it's undemocratic, 3 and I think it's an insult to the voters of 4 this state. 5 I will be voting in the negative, 6 Mr. President. Thank you. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you, Senator Maziarz. 9 Any other Senators wishing to be 10 heard? Seeing none, the question is closed. 11 The question is on the nomination 12 of the Honorable Judith S. Kaye, of New York 13 City, as chief judge of the New York State 14 Court of Appeals. All in favor signify by 15 saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MARCELLINO: All 18 opposed, nay. 19 (Response of "Nay.") 20 ACTING PRESIDENT MARCELLINO: The 21 Honorable Judge Kaye is hereby confirmed as 22 chief judge of the Court of Appeals. 23 (Extended applause.) 24 ACTING PRESIDENT MARCELLINO: 25 Judge Kaye, the chair wishes to congratulate

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(518) 371-8910 1 you on your successful ascension back to the 2 bench. You are joined, we know, by your 3 daughter Luisa Hagemeier and your brother 4 Allen Smith. 5 We wish you well. We know your job 6 is a difficult one. Godspeed, and do a great 7 job, make us all proud. Thank you. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, I 10 believe there's a report of the Finance 11 Committee at the desk. I ask that it be read 12 at this time. 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will read the report of the Finance 15 Committee. 16 THE SECRETARY: Senator Johnson, 17 from the Committee on Finance, reports the 18 following nominations. 19 As Commissioner of the Department 20 of Labor, M. Patricia Smith, of Brooklyn. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Johnson. 23 SENATOR JOHNSON: Move the 24 nomination. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Senator Maziarz. 2 SENATOR MAZIARZ: Thank you very 3 much, Mr. President. 4 Unlike the previous nominee, 5 Mr. President, I rise to support the 6 nomination of M. Patricia Smith. 7 Commissioner Smith and I have met 8 several times since Governor Spitzer nominated 9 her, and she has an extensive background in 10 labor law while she served under three 11 different attorney generals in New York. She 12 appeared before the Senate Labor Committee, 13 was unanimously recommended for confirmation. 14 She and I have talked about some of 15 the more important issues, one of which we're 16 going to be taking up later on today, workers' 17 comp reform in this state. She was 18 intricately involved in the negotiations of 19 that legislation and I think will serve the 20 working women and men of New York State in an 21 excellent fashion. 22 I wholeheartedly support this 23 nomination, Mr. President. 24 Thank you. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Thank you, Senator Maziarz. 2 Senator Savino. 3 SENATOR SAVINO: Thank you, 4 Mr. President. 5 I also stand to congratulate the 6 Governor for his nomination of Pat Smith and 7 to congratulate her on her being named 8 Commissioner of the Department of Labor. 9 Her reputation precedes her. She 10 is well known in the labor community for her 11 assistance with some of the most vulnerable 12 workers, making sure that they were paid the 13 hourly wages they were entitled to. People 14 who don't have a voice, this woman has stood 15 up for them. She has assisted more working 16 people than some of us in organized labor 17 have. 18 And I'm very proud to stand here 19 and second her nomination as Commissioner of 20 the Department of Labor. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator Savino. 23 The question is on the nomination 24 of M. Patricia Smith as Commissioner of Labor. 25 All in favor signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT MARCELLINO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT MARCELLINO: M. 6 Patricia Smith is confirmed as Commissioner of 7 Labor. 8 Ms. Smith is joined by her aunt, 9 Jan O'Hare. 10 Congratulations, Commissioner. 11 (Applause.) 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: As Commissioner 15 of the Division of Human Rights, Kumiki 16 Gibson, of Brooklyn. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Johnson. 19 SENATOR JOHNSON: Move the 20 nomination. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Thompson. 23 SENATOR THOMPSON: I'm glad that 24 the commissioner is coming on and the director 25 is coming on, but I also want to thank the

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(518) 371-8910 1 Governor for this appointment. 2 We have great expectations for this 3 nominee. I think that throughout the years 4 there have been a number of stories in terms 5 of the backlog in this department. 6 And as a state we continue to look 7 at a reform agenda, and one of the things that 8 we need to reform is the ability, when people 9 feel that they have been wronged in the 10 private sector, in the housing sector, that 11 when they take their concerns to a 12 governmental agency that those concerns are 13 addressed in a very timely fashion. 14 So we look forward to working with 15 Ms. Gibson. We also look forward to making 16 sure that this office does a better job of 17 responding to the needs and concerns of the 18 people of this great state of New York. 19 So I'm glad to support her 20 nomination. Thank you. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator. 23 Senator Connor. 24 SENATOR CONNOR: Thank you, 25 Mr. President.

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(518) 371-8910 1 I'm delighted to move to second the 2 motion for confirmation of my constituent. I 3 think in the few short weeks she has been at 4 the commission she's taken steps to make it 5 more efficient, to certainly dispose cases in 6 a more timely way, and to enforce the law in 7 the way that I think it was intended. 8 So I wish her well, and I urge all 9 my colleagues to support the nomination. 10 ACTING PRESIDENT MARCELLINO: 11 Thank you, Senator. 12 Senator Stewart-Cousins. 13 SENATOR STEWART-COUSINS: Yes, 14 Mr. President. I also rise to support the 15 nomination of Ms. Gibson. 16 She is a breath of fresh air. 17 Certainly, as someone who sat in on the 18 hearings today, we talked about what has 19 happened with the State Division of Human 20 Rights. And listening to her, understanding 21 her vision, and hearing her reaffirm the 22 necessity to really create the type of 23 commission that will not only be effective but 24 be a model nationally is really very important 25 and it's very, very encouraging.

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(518) 371-8910 1 I know that she's already spoken 2 with our commissioner of human rights in 3 Westchester County, and the word is out that 4 the State Division of Human Rights has a 5 chance to be all that it was destined and 6 designed to be. It indeed was the very first 7 in our nation and we are looking forward, 8 through the leadership of Ms. Gibson, to 9 having it take that role again. 10 So I certainly urge a unanimous 11 vote for her. 12 ACTING PRESIDENT MARCELLINO: 13 Thank you, Senator Stewart-Cousins. 14 Does any other member wish to be 15 heard on this nomination? 16 Seeing none, the question is on the 17 nomination of Kumiki Gibson as Commissioner of 18 the Division of Human Rights. All in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MARCELLINO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MARCELLINO: 25 Kumiki Gibson is hereby confirmed as

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(518) 371-8910 1 Commissioner of the Division of Human Rights. 2 Congratulations, Commissioner. 3 (Applause.) 4 ACTING PRESIDENT MARCELLINO: 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 if we could continue, regular order, please. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Skelos, we have some substitutions to 10 do. 11 SENATOR SKELOS: There's a 12 substitution? If we could make them at this 13 time. 14 ACTING PRESIDENT MARCELLINO: 15 Yes. The Secretary will read the 16 substitutions. 17 THE SECRETARY: On page 20, 18 Senator Bruno moves to discharge, from the 19 Committee on Finance, Assembly Bill Number 20 3736A and substitute it for the identical 21 Senate Bill Number 2876, Third Reading 22 Calendar 224. 23 And on page 20, Senator Bruno moves 24 to discharge, from the Committee on Rules, 25 Assembly Bill Number 6163 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 3322, 2 Third Reading Calendar 252. 3 ACTING PRESIDENT MARCELLINO: 4 Substitutions ordered. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 if we could adopt the Resolution Calendar in 8 its entirety, with the exception of 9 Resolution 725. 10 ACTING PRESIDENT MARCELLINO: All 11 in favor of adopting the Resolution Calendar, 12 with the exception of Resolution Number 725, 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MARCELLINO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MARCELLINO: The 19 Resolution Calendar is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 if we could take up Resolution 725, by Senator 23 Joe Robach, have the title read and move for 24 its immediate adoption. 25 ACTING PRESIDENT MARCELLINO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Robach, Legislative Resolution Number 725, 4 memorializing Governor Eliot Spitzer to 5 proclaim March 6, 2007, as Domestic Violence 6 Awareness Day in the State of New York. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Robach. 9 SENATOR ROBACH: Yes, 10 Mr. President. If I could, just for a moment, 11 on this resolution. 12 Today was the Lobby Day for 13 advocates to try and reduce, stop domestic 14 violence. And I think it's very fitting that 15 while we have Domestic Violence Month, that we 16 also take a day out for this very, very 17 important topic. 18 And while we may have made great 19 strides, there's a lot more that could be done 20 in terms of policy as well as resources to 21 stop that. And while we spend a lot of time 22 in this chamber doing all we can to reduce all 23 types of violence, in many ways sometimes I 24 think it's almost worse when the violence 25 comes from someone we know, love, count on for

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(518) 371-8910 1 support, many times economic stability and 2 other things. 3 So as an extra reminder as we go on 4 to create good policy, continue our efforts of 5 education and trying to turn away any of the 6 ideas that anything like this could be 7 acceptable in society today, I suggest we move 8 this resolution forward and mark this day in 9 honor of all the victims as well as the 10 advocates trying to stamp out domestic 11 violence in New York State. 12 Thank you. 13 ACTING PRESIDENT MARCELLINO: The 14 question is on the resolution. All in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MARCELLINO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MARCELLINO: The 21 resolution is adopted. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could open up the resolution for 25 cosponsorship. Anybody that does not wish to

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(518) 371-8910 1 sponsor the resolution, they should notify the 2 desk. 3 ACTING PRESIDENT MARCELLINO: 4 Thank you, Senator Skelos. So ordered. 5 SENATOR SKELOS: If we could go 6 to the noncontroversial reading of the 7 calendar. 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 152, by Senator Flanagan, Senate Print 845, an 12 act to amend the Penal Law, in relation to 13 definitions of criminal enterprise. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 156, by Senator Saland, Senate Print 1076, an 2 act to amend the Penal Law, in relation to 3 establishing a presumption. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. Nays, 13 2. Senators DeFrancisco and Montgomery 14 recorded in the negative. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 157, by Senator Saland, Senate Print 1077, an 19 act to amend the Penal Law, in relation to 20 custodial interference. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section, please. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of January. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll, please. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 171, by Senator Trunzo, Senate Print 882, an 8 act in relation to requiring state agencies. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 185, by Senator Larkin, Senate Print 644, an 21 act to amend the Penal Law, in relation to 22 forgery. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section, please. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 196, by Senator Skelos, Senate Print 2086, an 11 act to amend the Penal Law, in relation to 12 concurrent and consecutive terms of 13 imprisonment. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll, please. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 197, by Senator Volker, Senate Print 2369, an 2 act to amend the Criminal Procedure Law, in 3 relation to expanding. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 203, by Senator Alesi, Senate Print 263, an 16 act to amend the Vehicle and Traffic Law, in 17 relation to additional penalties. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 224, substituted earlier by Member of the 6 Assembly Silver, Assembly Print Number 3736A, 7 an act to amend the Executive Law, in relation 8 to establishing the Commission on Public 9 Integrity. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 46. This 13 act shall take -- 14 SENATOR SKELOS: Lay it aside for 15 the day. 16 ACTING PRESIDENT MARCELLINO: Lay 17 the bill aside for the day, please. 18 THE SECRETARY: Calendar Number 19 252, substituted earlier today by Member of 20 the Assembly Silver, Assembly Print Number 21 6163, an act to amend the Workers' 22 Compensation Law and others, in relation to 23 increasing benefits. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT MARCELLINO: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: On the 10 workers' comp bill, the last bill we just 11 passed, I would just like to explain my vote. 12 ACTING PRESIDENT MARCELLINO: 13 Without objection, Senator DeFrancisco will be 14 allowed to explain his vote. 15 SENATOR DeFRANCISCO: Despite 16 Senator Robach's objection to my explaining my 17 vote, I just want to say -- 18 ACTING PRESIDENT MARCELLINO: The 19 chair recognized no objection. 20 SENATOR DeFRANCISCO: I just 21 wanted to state very briefly that this is a 22 very, very important bill. 23 New York State was known as a state 24 that had one of the lowest benefits and some 25 of the highest costs for business. That's not

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(518) 371-8910 1 a good situation. For years we've been 2 attempting to make this happen, where benefits 3 are increased and also at a lower cost to 4 employers. 5 This is a great bill. I'm proud to 6 support it. And it's a good thing for the 7 economy of the state of New York and, just as 8 importantly if not more importantly, mit's a 9 good thing for the worker in this state. 10 Thank you. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator DeFrancisco. 13 The bill is passed. 14 SENATOR SKELOS: Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Skelos. 17 SENATOR SKELOS: If you would put 18 all members of the Senate on this bill. If 19 anybody wishes not to cosponsor the 20 legislation, they should notify the desk as 21 soon as possible. 22 ACTING PRESIDENT MARCELLINO: 23 Anyone wishing not to sponsor this bill please 24 notify the desk. 25 SENATOR SKELOS: Mr. President,

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(518) 371-8910 1 is there any further business to come before 2 the Senate? 3 ACTING PRESIDENT MARCELLINO: No, 4 Senator, the desk is clean. 5 SENATOR SKELOS: Mr. President, 6 in consultation with the Minority Leader, 7 Senator Bruno hands up the following committee 8 assignment and asks that it be filed in the 9 Journal. 10 ACTING PRESIDENT MARCELLINO: So 11 be it. 12 SENATOR SKELOS: And there being 13 no further business to come before the Senate, 14 I move we stand adjourned until Wednesday, 15 March 7th, at 11:00 a.m. 16 ACTING PRESIDENT MARCELLINO: The 17 Senate will stand adjourned, on motion, until 18 Wednesday, March 7th, at 11:00 a.m. 19 (Whereupon, at 4:48 p.m., the 20 Senate adjourned.) 21 22 23 24 25

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(518) 371-8910