Tuesday, March 27, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 27, 2007 11 3:04 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 I would ask all assembled to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: I would like to 10 welcome for the first time to the chamber 11 Reverend Carley Touchstone, who presides at 12 the Glad Tidings Church in Rochester. 13 Welcome. 14 REVEREND TOUCHSTONE: Thank you. 15 Shall we pray. 16 Almighty God, we thank You for your 17 creation. We thank You for allowing us to be 18 custodians of the environment around us, to do 19 the work of the people and to assume the 20 responsibilities thereof. 21 Guide this awesome group of men and 22 women as they serve You and serve the purposes 23 of the State of New York. May they be 24 empowered with wisdom beyond their age. May 25 they be endowed with courage and strength to

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(518) 371-8910 1 do the work that they need to do on a daily 2 basis. 3 We pray for You to reach into the 4 families of each person, comfort and 5 strengthen their relationships with each 6 other, help them to grow stronger in their 7 relationships. 8 And we pray back for the people to 9 whom these people represent. Bless each 10 locality, Lord, and may prosperity and 11 goodwill come to all the corners of the State 12 of New York. 13 And may Your presence rest upon 14 this chamber today in a unique way as the 15 business is done, for we pray it in the name 16 of Jesus. 17 Amen. 18 THE PRESIDENT: Thank you, 19 Reverend Touchstone. 20 The reading of the Journal. 21 THE SECRETARY: In Senate, Monday 22 March 26, the Senate met pursuant to 23 adjournment. The Journal of Sunday, March 25, 24 was read and approved. On motion, Senate 25 adjourned.

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(518) 371-8910 1 THE PRESIDENT: Without 2 objection, the Journal stands approved as 3 read. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 there will be an immediate meeting of the 7 Rules Committee in the Majority Conference 8 Room. 9 THE PRESIDENT: There will be an 10 immediate meeting of the Rules Committee in 11 the Majority Conference Room. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 Reports of select committees. 17 Communications and reports from 18 state officers. 19 Motions and resolutions. 20 Senator Griffo. 21 SENATOR GRIFFO: Mr. President, 22 on page 17 I offer the following amendments to 23 Calendar Number 309, Senate Print 2397, and 24 ask that said bill retain its place on the 25 Third Reading Calendar.

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(518) 371-8910 1 THE PRESIDENT: The amendments 2 are received and adopted, and the bill will 3 retain its place on the Third Reading 4 Calendar. 5 Senator Griffo. 6 SENATOR GRIFFO: Mr. President, 7 on page 19 I offer the following amendments to 8 Calendar Number 335, Print Number 2140, and 9 ask that said bill retain its place on Third 10 Reading Calendar. 11 THE PRESIDENT: The amendments 12 are received and adopted, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 Senator Griffo. 16 SENATOR GRIFFO: Mr. President, 17 on page 24 I offer the following amendments to 18 Calendar Number 390, Senate Print Number 2695, 19 and ask that said bill retain its place on the 20 Third Reading Calendar. 21 THE PRESIDENT: The amendments 22 are received and adopted, and said bill will 23 retain its place on the Third Reading 24 Calendar. 25 Senator Wright.

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(518) 371-8910 1 SENATOR WRIGHT: Are there any 2 substitutions at the desk? If we could please 3 enter them now. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: On page 24, 7 Senator LaValle moves to discharge, from the 8 Committee on Social Services, Children and 9 Families, Assembly Bill Number 6579 and 10 substitute it for the identical Senate Bill 11 Number 3689, Third Reading Calendar 387. 12 And on page 27, Senator Maltese 13 moves to discharge, from the Committee on 14 Crime Victims, Crime and Correction, Assembly 15 Bill Number 6621 and substitute it for the 16 identical Senate Bill Number 3039, Third 17 Reading Calendar 421. 18 THE PRESIDENT: Substitutions 19 ordered. 20 Senator Wright. 21 SENATOR WRIGHT: Thank you, 22 Mr. President. 23 Could we adopt the Resolution 24 Calendar, with the exception of Resolution 25 Number 1135.

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(518) 371-8910 1 THE PRESIDENT: All in favor of 2 adopting the Resolution Calendar please 3 signify by saying aye. 4 (Response of "Aye.") 5 THE PRESIDENT: Opposed, nay. 6 (No response.) 7 THE PRESIDENT: The Resolution 8 Calendar is adopted. 9 Senator Wright. 10 SENATOR WRIGHT: We're going to 11 stand at ease for a few minutes. 12 THE PRESIDENT: The Senate will 13 stand at ease. 14 (Whereupon, the Senate stood at 15 ease at 3:11 p.m.) 16 (Whereupon, the Senate reconvened 17 at 3:16 p.m.) 18 THE PRESIDENT: Senator Wright. 19 SENATOR WRIGHT: Thank you, 20 Mr. President. 21 Could we return to reports of 22 standing committees for the report of the 23 Rules Committee, please. 24 THE PRESIDENT: Reports of 25 standing committees.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, reports the 4 following bills: 5 Restored, Senate Print 2102A, 6 Senate Budget Bill, an act making 7 appropriations for the legal requirements of 8 the state debt service; 9 And reported, Senate Print 3945, by 10 Senator Nozzolio, an act to amend Chapter 113 11 of the Laws of 2006, amending the Civil 12 Service Law. 13 Both bills ordered direct to third 14 reading. 15 THE PRESIDENT: Senator Wright. 16 SENATOR WRIGHT: I move to accept 17 the report of the Rules Committee. 18 THE PRESIDENT: All those in 19 favor of accepting the report of the Rules 20 Committee please signify by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The report is 25 accepted.

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(518) 371-8910 1 Could we have some order in the 2 chamber, please. 3 SENATOR WRIGHT: Thank you, 4 Mr. President. 5 Could we return to motions and 6 resolutions. And I ask that Resolution 1135, 7 by Senator Volker, be read in its entirety, 8 please. 9 THE PRESIDENT: Motions and 10 resolutions. 11 The Secretary will read. 12 THE SECRETARY: By Senator 13 Volker, Legislative Resolution Number 1135, 14 commemorating the 90th anniversary of Lions 15 Clubs International and April 21, 2007, as 16 New York State Lions "Walk for Sight" Day. 17 "WHEREAS, It is the sense of this 18 Legislative Body to pay tribute to those 19 renowned organizations which devote their 20 energy, resources and thoughtful care to 21 improving the quality of life in their 22 communities; and 23 "WHEREAS, Attendant to such 24 concern, and in full accord with its 25 long-standing traditions, it is the sense of

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(518) 371-8910 1 this Legislative Body to commemorate the 90th 2 Anniversary of Lions Clubs International and 3 April 21, 2007, as New York State Lions 'Walk 4 for Sight' Day; and 5 "WHEREAS, The New York State Lions 6 Club members are to be commended as they begin 7 to celebrate the International Association of 8 Lions Clubs' 90th anniversary with a statewide 9 'Walk for Sight' to benefit their Sight First 10 II program, on Saturday, April 21, 2007. On 11 this special day, Lions Clubs from Goat Island 12 in Niagara Falls across New York State to Long 13 Island will participate in this first ever 14 statewide walk; and 15 "WHEREAS, Lions Clubs 16 International, established in 1917, is the 17 largest service organization in the world, 18 with over 1.3 million men and women in over 19 45,000 clubs in 200 countries and geographic 20 areas that conduct vision and health 21 screenings, build parks, support eye 22 hospitals, award scholarships, assist youth, 23 provide help in time of natural and unnatural 24 disaster, and much more; and 25 "WHEREAS, Lions Club members have

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(518) 371-8910 1 answered the call for unselfish service with 2 the motto 'We Serve' and the association's 3 main tenet, 'No club shall hold out the 4 financial betterment of its members as its 5 object'; and 6 "WHEREAS, There are 17,000 Lions 7 Club members in over 600 Lions Clubs 8 throughout 12 districts of New York State that 9 work together to answer the needs that 10 challenge their local communities, the State 11 of New York, and around the world; and 12 "WHEREAS, In 1925, Helen Keller 13 addressed the Lions International Convention 14 in Cedar Point, Ohio. She challenged Lions to 15 become 'knights of the blind in the crusade 16 against darkness.' From this time, Lions 17 Clubs have been actively involved in service 18 to the blind and visually impaired; and 19 "WHEREAS, For 90 years, Lions have 20 provided eyeglasses, exams and surgery for 21 those in need in their communities. They have 22 incorporated the Lions Quest program in local 23 schools to educate students on avoiding drugs 24 and alcohol and started LEO Clubs giving the 25 opportunity for young adults to volunteer and

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(518) 371-8910 1 give back to their communities. Lions have 2 been the leader in battling diabetes and 3 assisting those with diabetes; and 4 "WHEREAS, Lions have saved the 5 sight of 24 million people worldwide through 6 their SightFirst program. It is the first 7 ever initiative to combat childhood blindness 8 in partnership with the World Health 9 Organization, which was established in 1991 10 and restored sight to 7 million people by 11 providing cataract surgeries; and 12 "WHEREAS, 80 million people 13 received treatment for river blindness, 14 improved eye care services for hundreds of 15 millions, built or expanded 258 eye hospitals 16 and clinics, upgraded 300 eye centers with 17 equipment and trained 68,000 ophthalmologists, 18 ophthalmic nurses and other professional 19 eye-care workers; and 20 "WHEREAS, With the benefits of the 21 world senior population living longer, the 22 world's blind population could increase from 23 37 million to 74 million by 2020, and 24 80 percent of the blindness is reversible or 25 could have been prevented. Millions of

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(518) 371-8910 1 children are blind, and a child goes blind 2 every minute; and 3 "WHEREAS, It is the sense of this 4 Legislative Body that when organizations of 5 such noble aims and accomplishments are 6 brought to our attention, they should be 7 celebrated and recognized by all the citizens 8 of the great State of New York; now, 9 therefore, be it 10 "RESOLVED, That this Legislative 11 Body pause in its deliberations to commemorate 12 the 90th Anniversary of Lions Clubs 13 International, and April 21, 2007, as New York 14 State Lions 'Walk for Sight'; and be it 15 further 16 "RESOLVED, That a copy of this 17 resolution, suitably engrossed, be transmitted 18 to the Lions Club International." 19 THE PRESIDENT: Senator Volker, 20 on the resolution. 21 SENATOR VOLKER: Mr. President, 22 we are honored today to have a group of 12 23 district governors of the Lions Club 24 International Multiple District 20 in the 25 front of the chamber here, to the right.

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(518) 371-8910 1 These people come from all across 2 the state, including Kimberly Stribing, who is 3 a personal friend of mine, who is I guess the 4 first woman Lion Club leader, governor in my 5 region. Although there are a number of women 6 Lion governors now -- which in the old days 7 wouldn't happen, but it does happen now, and 8 it happens all over the state. 9 And what I would like to do is say 10 that you heard the resolution. In case you 11 don't realize how much the Lions Club of 12 America and of this country have done to help 13 sighted and unsighted people, I call them -- 14 people who don't have sight -- they have 15 worked tirelessly over the years to help 16 people to get what they need for purposes of 17 sight and also for all sorts of general 18 benefit programs all over this nation and in 19 particular, of course, in this state. 20 And what I'd like to do is read the 21 names of the 12 district governors who, as I 22 say, come from actually all over the state: 23 Kimberly A. Stribing, Rena Haigh, Charles P. 24 Wallace, Joyce Maier, Nilsa Caiano Moreno, 25 Andrew "Andy" Umreiko, Dr. Steven Tremaroli,

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(518) 371-8910 1 JoAnn V. Rodgers, H. Dick Dingman, Joseph 2 "Jace" Tuccio, James Overby, Oswald "Ozzie" 3 Torres, and Tony Cuteri. 4 And I'd like to say that I'm proud 5 to be able to be a part of this resolution, 6 and my colleagues who have taken pictures with 7 them and spoken with them. 8 We're proud to have you here, and 9 we're proud to say that you're citizens of 10 this great state. 11 Thank you. 12 (Applause.) 13 THE PRESIDENT: The question is 14 on the resolution. All those in favor please 15 signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution 20 carries. 21 On behalf of Senator Bruno and all 22 in the chamber, and Senator Volker, who 23 sponsored this resolution, we thank all those 24 from the Lions Club who marched for the "Walk 25 for Sight" for being in the chamber today.

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(518) 371-8910 1 Welcome. 2 Senator Volker. 3 SENATOR VOLKER: This resolution, 4 as is traditional, is open to anyone who 5 wishes to be a sponsor, unless they would 6 prefer not to be and they notify the desk. 7 THE PRESIDENT: The resolution 8 will be open to all members all. Those not 9 wishing to be on the resolution can indicate 10 so at the desk. 11 By the way, if I was not legally 12 blind, I might have seen all the children from 13 Bellmore who are here, along with their 14 principal, Christie Augusto, from the Shore 15 Elementary School in Bellmore. But since I 16 couldn't see them from here, I could not have 17 broken the rules by introducing them. 18 Senator Wright. 19 SENATOR WRIGHT: Thank you for 20 your adherence to the rules, Mr. President. 21 May we please have the 22 noncontroversial reading of the calendar. 23 THE PRESIDENT: Senator 24 Fuschillo. 25 SENATOR FUSCHILLO: Mr.

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(518) 371-8910 1 President, first of all, I want to thank you. 2 Because I know the rules that you can't stand 3 up on the floor and introduce guests that are 4 here. 5 So if it was the rules -- but it's 6 not the rules -- we would recognize the kids 7 from Shore Road Elementary School. They spent 8 the day here, one bus got stuck in the mud 9 back at the school, took them over three 10 hours' delay, but they made the journey. 11 And if I was able to welcome them, 12 Mr. President, I would say welcome to Albany 13 and thank you very much for coming here today. 14 Thank you, Mr. President. 15 (Applause.) 16 THE PRESIDENT: Senator Wright, 17 are you a witness to what he just did? 18 (Laughter.) 19 SENATOR WRIGHT: I am, 20 Mr. President. And I would like to proceed 21 with the reading of the noncontroversial 22 calendar, as much as I too love children and 23 welcome them to the Senate chambers. 24 THE PRESIDENT: Well, if there 25 any children in the chamber they can listen

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(518) 371-8910 1 now, along with the adults, as the Secretary 2 will conduct the noncontroversial reading of 3 the calendar. 4 THE SECRETARY: Calendar Number 5 87, by Senator Maziarz, Senate Print 1628, an 6 act to amend the Labor Law, in relation to 7 state apprenticeship. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 THE PRESIDENT: The Secretary 12 will call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Results. 15 THE SECRETARY: Ayes, 56. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 230, by Senator Farley, Senate Print 2745, an 21 act to amend the Banking Law, in relation to 22 requirement. 23 THE PRESIDENT: The Secretary 24 will read the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the first of January. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: Results. 5 THE SECRETARY: Ayes, 57. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 255, by Senator Larkin, Senate Print 540, an 10 act to amend the Agriculture and Markets Law, 11 in relation to establishing the Whitetail Deer 12 Mitigation Task Force. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: Senator Serrano. 20 SENATOR SERRANO: Yes, to explain 21 my vote, Mr. President. 22 THE PRESIDENT: Senator Serrano, 23 to explain his vote. 24 SENATOR SERRANO: I expressed 25 concern last year at this bill. This task

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(518) 371-8910 1 force, I fear, will just become another excuse 2 for broadening hunting throughout the State of 3 New York. 4 I think the real concern should be 5 over development in our great state and how 6 that is taking away from the natural beauty 7 and the natural wonders of this state and 8 actually invading upon much of the natural 9 habitat of these whitetail deer. 10 And I think it's important that we 11 look at preserving their natural habitat and 12 that will, in turn, keep them off of our 13 roadways and keep them away from our 14 backyards. 15 So I think that this is really the 16 wrong way to go. We all know about the 17 dangers of hunting. And I don't think that's 18 the way that we solve this problem. I think 19 the best way that we solve it is by preserving 20 the natural habitats of these deer. 21 I'll be voting no. 22 THE PRESIDENT: Senator Serrano 23 will be recorded in the negative. 24 Senator Marcellino, to explain his 25 vote.

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(518) 371-8910 1 SENATOR MARCELLINO: Mr. 2 President, to explain my vote. 3 We can do both, preserving habitat, 4 open space, proper development and all the 5 rest of that. But we should also preserve and 6 protect the heritage of this state and of this 7 country, which is in hunting, hunting properly 8 with families, appropriate sport. It's a 9 good, clean sport that provides families and 10 children to get together and go out and enjoy 11 themselves. 12 This is a long-standing tradition 13 in this country that this bill would help 14 enhance. So I vote aye and urge everyone else 15 to vote aye as well. 16 THE PRESIDENT: Senator 17 Marcellino will be recorded in the 18 affirmative. 19 The Secretary will announce the 20 results. 21 THE SECRETARY: Ayes, 56. Nays, 22 1. Senator Serrano recorded in the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 276, by Senator Golden, Senate Print 1569, an 2 act to amend Chapter 929 of the Laws of 1986 3 amending the Tax Law and others. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 299, restored to the calendar earlier today, 14 Senate Budget Bill, Senate Print 2102A, an act 15 making appropriations for the legal 16 requirements. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 320, by Senator DeFrancisco, Senate Print 2 1826, an act to amend the Civil Rights Law, in 3 relation to confidentiality. 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, 57. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 321, by Senator Rath, Senate Print 1868, an 15 act to amend the Penal Law, in relation to 16 repeat offender status. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the first of 21 November. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE PRESIDENT: The Secretary is 25 recording the negatives and will announce the

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(518) 371-8910 1 results. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 321 are 4 Senators Duane, Montgomery and Parker. 5 Ayes, 54. Nays, 3. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 323, by Senator Farley, Senate Print 2744, an 10 act to amend the Penal Law, in relation to 11 increasing the penalty. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 323 are 21 Senators Duane, Montgomery and Parker. 22 Ayes, 55. Nays, 3. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 330, by Senator Robach, Senate Print 3145, an 2 act to amend the Penal Law, in relation to 3 criminally using drug paraphernalia. 4 THE PRESIDENT: Last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Results. 11 THE SECRETARY: Ayes, 57. Nays, 12 1. Senator Montgomery recorded in the 13 negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 334, by Senator Saland, Senate Print 1087, an 18 act to amend the Family Court Act, the Penal 19 Law and the Criminal Procedure Law, in 20 relation to including. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 370, by Senator LaValle, Senate Print 1568, 7 Concurrent Resolution of the Senate and 8 Assembly proposing an amendment to Section 6 9 of Article 5 of the Constitution. 10 THE PRESIDENT: The Secretary 11 will call the roll on the resolution. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Results. 14 THE SECRETARY: Ayes, 58. 15 THE PRESIDENT: The resolution is 16 adopted. 17 THE SECRETARY: Calendar Number 18 371, by Senator Hannon, Senate Print 1659, an 19 act to amend the Lien Law, in relation to 20 allowing service. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 387, substituted earlier today by Member of 7 the Assembly Paulin, Assembly Print Number 8 6579, an act to amend the Social Services Law 9 and Chapter 160 of the Laws of 2003. 10 THE PRESIDENT: The Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes, 58. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 406, by Senator Golden, Senate Print 3684, an 22 act to amend the Penal Law, in relation to 23 vulnerable elderly persons. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE PRESIDENT: Senator Golden, 7 to explain his vote. 8 SENATOR GOLDEN: Thank you, 9 Mr. President. 10 As we've seen those children that 11 were up there today looking down at this 12 conference, we have legislation in this great 13 state that would charge anybody that would 14 assault a child with a D felony. 15 And I've found it somewhat 16 troubling when we see the assaults on our 17 elderly going up across this nation. And only 18 this past Monday where we see the assault of 19 an 89-year-old individual in St. Louis -- who 20 was about to celebrate his 90th birthday and 21 his 60th wedding anniversary -- assaulted, 22 beaten, robbed while he was collecting cans 23 for charity and he's taking care of his 24 Alzheimered wife. 25 And here in New York last week we

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(518) 371-8910 1 see Rose Morat, 101 years of age, punched in 2 the face three times, shots to the face that 3 would have knocked a grown man as myself or 4 anybody in this chamber to the floor. And as 5 she went to reach for her pocketbook to try to 6 get her pocketbook back, he turned and he 7 rapped her again, and he knocked her to the 8 floor. That was an obvious robbery, an 9 obvious assault on a senior. 10 And then he went a half hour later 11 and he assaulted Mrs. Elizee and robbed her, 12 an 85-year-old woman. 13 Now, had he not taken anything from 14 Rose or Mrs. Elizee and not robbed that 15 individual and had just hit her and he didn't 16 cause serious physical injury, there would be 17 no Assault 2. And therefore it would be an A 18 misdemeanor and that individual would serve 19 less than a year in jail. 20 We pass legislation here today, 21 ladies and gentlemen, that would guarantee 22 that an individual that strikes a senior like 23 he struck Rose Morat, that he would go to jail 24 for a D or an E felony for striking that 25 senior. Because that senior is as vulnerable

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(518) 371-8910 1 and it is as life-threatening to hit that 2 individual senior as for that senior to break 3 a hip. That would be a life-threatening break 4 for that individual. That is as vulnerable as 5 those children that were up there today 6 looking down at us. 7 This legislation will stop the 8 assaults on our seniors here in this great 9 state, of which we have 3 million seniors 10 today. That will grow to 5.5 million seniors 11 over the next 10 to 12 years. And, you know, 12 it's a shocking statistic that only one in 14 13 of these crimes are actually reported. Rape, 14 robbery, assault -- one in 14 is reported. 15 Legislation like this is long 16 overdue in this state. And I thank my 17 colleagues for voting for this bill tonight. 18 And I'm hoping that the Assembly will do the 19 same, that it too will vote for this 20 legislation and pass this into law. 21 There are between 1 million and 22 2 million seniors that have been assaulted, 23 beaten, robbed and hurt in this great nation. 24 We have to put an end to it, and this state 25 will lead with this legislation. And

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(518) 371-8910 1 hopefully other states across this great 2 nation will do the same thing. 3 So this bill -- some call it the 4 "Granny Bill." But this bill is for Rose 5 Morat, for Mrs. Elizee, for Mr. Richert from 6 St. Louis, and for all of those seniors that 7 are assaulted and beaten here in this great 8 state. 9 I vote yes, and I thank my 10 colleagues for voting yes as well. 11 Thank you, Mr. President. 12 THE PRESIDENT: Senator Golden 13 will be recorded in the affirmative. 14 Senator Maltese, to explain his 15 vote. 16 SENATOR MALTESE: Mr. President, 17 I commend Senator Golden for this legislation. 18 And I feel impelled to make a statement 19 explaining my vote. 20 I was involved in law enforcement 21 as a district attorney in Queens County and 22 deputy chief of the homicide bureau, and I saw 23 a lot of terrible things and worked on a 24 number of heinous crimes. Thank God these two 25 spunky ladies survived this vicious attack.

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(518) 371-8910 1 But talking to both of them this 2 past weekend and honoring them, you couldn't 3 but hold back your own emotions. You wouldn't 4 be a human being and be able to not be 5 affected by these two ladies. 6 Rose Morat, the 101-year-old who 7 said that 15 years ago he would have had quite 8 a tussle, speaking about this person, this 9 reprehensible human being that, after taking 10 the $33 from Rose Morat, who was using a 11 walker at the time, attempting to go through 12 her own hallway on her way to church, struck 13 her again, knocking her down. 14 How terrible a commentary on this 15 one person. I, unlike some others, say this 16 is not a commentary on society. This is one 17 terrible human being that doesn't deserve the 18 title of human being. 19 And then a half an hour later, 20 going on to Solange Elizee, who also I spoke 21 to this weekend and met with and honored. 22 Solange told me with tears in her eyes that he 23 took her wedding ring, and her husband is now 24 deceased. And she said as he tried to take 25 her other ring off her finger, she attempted

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(518) 371-8910 1 to tell him that this had been given to her by 2 her son, who is now deceased, on his deathbed, 3 and she was trying to appeal to whatever is 4 good left in this man. 5 And obviously there was nothing 6 left in this person, because he went ahead, in 7 addition to taking the paltry $32 from her, 8 receiving less than $70 on the two crimes and 9 taking not only her wedding ring but her only 10 remembrance of her passed-away son. 11 Ray Kelly, in the Police 12 Department, has circulated this video to all 13 the members of the New York State Police 14 Department. We're hoping it gets publicity 15 throughout the country as a reminder that our 16 senior citizen citizens are vulnerable. 17 This legislation specifies that 18 it's for our vulnerable elderly and protects 19 them by increasing the penalty. 20 Mr. President, I vote aye in homage to these 21 two brave ladies, who fortunately and thank 22 God survived these vicious attacks. 23 THE PRESIDENT: Thank you, 24 Senator Maltese. 25 Senator Maltese will be recorded in

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(518) 371-8910 1 the affirmative. 2 To explain his vote, Senator Adams. 3 SENATOR ADAMS: Mr. President, I 4 too rise in support of this bill, and I thank 5 Senator Golden. He continues to show why 6 ex-law enforcement officers make great state 7 legislators. 8 This bill clearly shows how we must 9 play a major role in protecting two of the 10 most what I call the extreme ends of 11 vulnerability in our society; one, our young 12 people -- and some of the bills we've passed 13 do that -- but we have ignored our seniors and 14 some of the individuals who prey and actually 15 target our seniors. 16 I am hoping -- as soon as I heard 17 that Senator Golden introduced this bill, I 18 too sent a letter off to the district 19 attorneys so they can institute a policy 20 within the local municipalities that they will 21 not allow any plea bargaining. 22 Because often we will pass great 23 laws here, and by the time it reaches our 24 local prosecutors, they will allow the laws we 25 pass to be pled down. And people who prey on

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(518) 371-8910 1 our elders and our seniors, they're able to 2 plea for a lesser charge. 3 When you strike a senior or an 4 elder in the manner that we saw in the video, 5 it's a clear indication that this person or 6 anyone who attacks our elderly community has 7 little or no respect for the residents of the 8 state at large. 9 So I too want to stand in support 10 of this bill, and I vote aye to the bill. 11 Thank you. 12 THE PRESIDENT: Senator Adams 13 will be recorded in the affirmative. 14 Senator Diaz, to explain his vote. 15 SENATOR DIAZ: Thank you, 16 Mr. President. 17 We have recently seen on every TV 18 channel the vicious and brutal and senseless 19 attack suffered by Rose Morat, a Queens 20 resident. Ms. Morat, as it has been said 21 before, is a 101-year-old lady, but that did 22 not prevent her from being mugged, robbed, and 23 physically attacked. 24 Thank God that she survived that 25 brutal attack. But the savage who committed

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(518) 371-8910 1 such attacks is still on the loose. Ms. Rose 2 Morat was on her way to church when this 3 happened to her, and the same criminal who 4 attacked her attacked another 85-year-old 5 woman just a half hour later. 6 Today I'm here because I am the 7 minority ranking member in the Senate Aging 8 Committee. And to see this piece of 9 legislation and to see what it does, I have to 10 stand up and congratulate Senator Golden. I 11 have to stand up and say that this is 12 something that every single elected official 13 should support. 14 I'm here asking every one of you, 15 every one of my colleagues to support this 16 piece of legislation to send a message, to 17 send a message to those criminals out there 18 that you cannot abuse, you cannot take a 19 senior citizen, the most precious citizens in 20 our community, abuse them and get away with 21 it. 22 So, Senator Golden, I'm here to 23 support that bill and to tell you thank you, 24 thank you very much for your courage and for 25 your dedication and your support of senior

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(518) 371-8910 1 citizens. 2 I'm also, from this floor, I'm 3 sending an SOS to the other chamber. I'm 4 asking my fellow members in the Assembly to 5 take this bill as their own and to pass this 6 bill. 7 It's about time that we send a 8 strong message. Everybody, everyone, every 9 elected official should be voting for this 10 bill. Democrat, Republican, independent, 11 whatever it is, everybody should be voting for 12 this bill. And this bill should go to the 13 Governor's office as soon as possible and be 14 signed into law. 15 And the police officers should make 16 everything possible so that this guy, the 17 person who assaulted Ms. Morat, be caught and 18 be brought to justice. 19 So, ladies and gentlemen, I'm proud 20 to support a bill like this, for our senior 21 citizen, for the protection of our senior 22 citizens. 23 Again, Senator Golden, you are a 24 good president -- a good chairman of the Aging 25 Committee. The aging community has a good

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(518) 371-8910 1 supporter in you. And don't forget, you, when 2 you go into heaven, don't forget me. Okay? 3 (Laughter.) 4 SENATOR DIAZ: Thank you very 5 much. I'm voting yes. 6 THE PRESIDENT: Senator Diaz will 7 be recorded in the affirmative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Ayes, 61. Nays, 11 0. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 421, substituted earlier today by Member of 16 the Assembly Silver, Assembly Print Number 17 6621, an act to amend the Executive Law and 18 the Surrogate's Court Procedure Act. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE PRESIDENT: Announce the 25 results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 435, by Senator Nozzolio, Senate Print 3945, 6 an act to amend Chapter 113 of the Laws of 7 2006, amending the Civil Service Law and 8 others. 9 THE PRESIDENT: Last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Senator Nozzolio, 15 to explain his vote. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 Mr. President and my colleagues, I 19 rise to support this legislation and to 20 mention that the debate on the bill ago where 21 we as a body said that we will not tolerate 22 violence in this state, particularly the thug 23 violence perpetrated on our seniors, that 24 after this proposal becomes enacted and that 25 the prosecutors seek out those who have

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(518) 371-8910 1 committed this crime and prosecute them to the 2 fullest, those perpetrators of the crime of 3 violence against seniors will be sent to one 4 of our state's correctional facilities. 5 And in those facilities the brave 6 men and women who are entrusted with the 7 custody of the most violent in society walk 8 clearly the toughest law enforcement beat in 9 America. These brave men and women who act as 10 corrections officers deserve the greatest 11 respect of this Legislature. 12 A few years ago the Senate 13 recognized the importance and led the way so 14 that those who were in the profession of 15 correction officer had the same type of 16 collective bargaining rights as other law 17 enforcement officials. And under the Taylor 18 Law, binding arbitration was established for 19 our correctional personnel across our state 20 facilities. 21 This legislation that is now at the 22 desk and is now under your consideration is a 23 technical cleanup of the arbitration award 24 that this Senate put in place a few months 25 ago. It's a technical cleanup, it establishes

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(518) 371-8910 1 equity for our correctional personnel and, in 2 so doing, enhances their pay according to the 3 arbitrator's award. 4 It's well deserved. It's a very, 5 very difficult beat. That thug that Senator 6 Golden talked about in attacking the senior is 7 the same thug that's placed in our 8 correctional facilities when those laws are 9 prosecuted to the fullest. And it's those men 10 and women that work in our correctional 11 facilities that deserve our respect and our 12 support. 13 And that's why this legislation is 14 before us, Mr. President, and that is why I 15 support it and urge its passage. 16 THE PRESIDENT: Senator Nozzolio 17 will be recorded in the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 61. 21 THE PRESIDENT: The bill is 22 passed. 23 That completes the calendar for 24 today, Senator Wright. 25 SENATOR WRIGHT: Is there any

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(518) 371-8910 1 other business at the desk? 2 THE PRESIDENT: No, sir. 3 SENATOR WRIGHT: I'd like to 4 announce that there will be a Majority 5 conference in the Majority Conference Room 6 immediately following the adjournment of 7 session. 8 There being no further business, I 9 move we adjourn until Wednesday, March 28th, 10 at 11:00 a.m. 11 THE PRESIDENT: There will be an 12 immediate meeting of the Senate Majority in 13 the Senate Majority Conference Room, Room 332. 14 The Senate stands adjourned until 15 tomorrow, March 28th, at 11:00 a.m. Senate is 16 adjourned. 17 (Whereupon, at 3:49 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25

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