Tuesday, April 24, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 24, 2007 11 3:05 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 present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: The 10 invocation today will be given by Reverend 11 James Barker, pastor of the Bible Baptist 12 Church of Elmont. 13 REVEREND BARKER: Let's pray 14 together. 15 Our heavenly Father, we're thankful 16 for Your goodness to us, we're thankful for 17 Thy mercies, Thy grace, Thy kindness towards 18 us. 19 We do pray for all the legislators 20 gathered here today in the State Senate. We 21 pray to give them wisdom, we pray to give them 22 discernment, we pray to give them courage so 23 they can make the right decisions, decisions 24 based not on expediency or on opinion polls, 25 but on biblical principles. Help them get

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(518) 371-8910 1 their wisdom from the word of God, from the 2 Bible. 3 So, Lord, we ask that Your will be 4 done in this Senate and in our great country, 5 for it's in Jesus' name we pray. 6 Amen. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you very much. 9 Can we have the reading of the 10 Journal, please. 11 THE SECRETARY: In Senate, 12 Monday, April 23, the Senate met pursuant to 13 adjournment. The Journal of Sunday, April 22, 14 was read and approved. On motion, Senate 15 adjourned. 16 ACTING PRESIDENT MARCELLINO: 17 Without objection, the Journal stands approved 18 as read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers.

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(518) 371-8910 1 Motions and resolutions. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could adopt the Resolution Calendar, 5 with the exception of Resolutions 1607, 1625, 6 1657, 1671, 1682 and 1706. 7 ACTING PRESIDENT MARCELLINO: All 8 in favor of adopting the Resolution Calendar, 9 with the exceptions noted, signify by saying 10 aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT MARCELLINO: 13 Those opposed, nay. 14 (No response.) 15 ACTING PRESIDENT MARCELLINO: The 16 Resolution Calendar is adopted, Senator. 17 SENATOR SKELOS: Mr. President, 18 please recognize Senator Fuschillo. I believe 19 he has a motion to make at this time. 20 ACTING PRESIDENT MARCELLINO: 21 Senator Fuschillo, do you have a motion to 22 make at this time? 23 SENATOR FUSCHILLO: Thank you, 24 Mr. President. Thank you, Senator Skelos. 25 On behalf of Senator Golden, on

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(518) 371-8910 1 page number 16 I offer the following 2 amendments to Calendar Number 266, Senate 3 Print Number 2818, and ask that said bill 4 retain its place on Third Reading Calendar. 5 ACTING PRESIDENT MARCELLINO: So 6 ordered, Senator. 7 SENATOR FUSCHILLO: Thank you. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 there's a Resolution 1657 at the desk by 13 Senator Bruno. If we could have the title 14 read, move for its immediate adoption, and 15 open it up for cosponsorship. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read. 18 THE SECRETARY: By Senator Bruno, 19 Legislative Resolution Number 1657, 20 celebrating the life and career of Kitty 21 Carlisle Hart, legendary entertainer and one 22 of New York State's greatest champions of the 23 arts. 24 ACTING PRESIDENT MARCELLINO: The 25 resolution will be open for cosponsorship, as

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(518) 371-8910 1 per the usual procedure. Anyone not wishing 2 to be on the resolution notify the desk. 3 On the resolution, Senator Maltese. 4 SENATOR MALTESE: Mr. President, 5 I'm proud and honored today to speak on 6 Senator Bruno's resolution on Kitty Carlisle 7 Hart. 8 Mr. President, as all of us know in 9 government, she was a legendary entertainer 10 and one of New York State's greatest champions 11 of the arts. She was an arts advocate, an 12 actress, a singer, and she was in the tenth 13 decade of her life when she passed away 14 April 17th at the age of 96. 15 Born Catherine Conn in New Orleans, 16 she attended the Sorbonne, the London School 17 of Economics, and the Royal Academy of 18 Dramatic Art. In 1946 she married Pulitzer 19 Prize winner Moss Hart. The marriage lasted 20 some 15 years until he passed away in 1961. 21 Kitty's career spanned much of the 22 20th century and came into the 21st. She was 23 an advocate for the arts, and a true advocate, 24 from the grassroots to the Metropolitan Opera. 25 One of her most famous roles was as

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(518) 371-8910 1 Rosa Castaldi in the famous 1935 Marx Brothers 2 movie "A Night at the Opera." She was capable 3 of humor and drama. Her film credits include 4 being opposite Bing Crosby, Woody Allen, and 5 her operatic debut was at the Met, with "Die 6 Fledermaus." 7 She was familiar to all TV 8 watchers, the new generation. She went 9 effortlessly and seamlessly into the TV 10 generation, and many of the younger generation 11 remember her as a regular on the game shows 12 "To Tell the Truth" and "What's My Line?" 13 She was a member of the board of 14 directors of the New York State Theater 15 Institute, and in 1997 she was recognized by 16 having the theater named the Kitty Carlisle 17 Hart Theater, on the eve of her one-woman show 18 "Here's to Life." 19 She was a member of the New York 20 State Council on the Arts for 25 years and 21 served for 20 years as its chairman, for her 22 lifetime passion, the arts. She was 23 responsible for the increase in funding both 24 at the state level and at the federal level. 25 She is survived by her son, Chris;

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(518) 371-8910 1 her daughter, Dr. Catherine Hart; and three 2 grandchildren. 3 I'd like to just take a moment more 4 to say that this was a legendary lady. So 5 often we talk about somebody that's passed 6 away and we say, Well, they're legendary, 7 they'll be long remembered. But missing Kitty 8 Carlisle Hart in the fields of theater, drama, 9 opera, and the arts in New York is a hole that 10 will not be filled in a relatively short time. 11 Just last November, she sang George 12 Gershwin's "The Man I Love" at the annual gala 13 fundraiser at Lincoln Center. 14 As a young girl she was taken 15 around the capitals of Europe by her mother, 16 and she wrote an autobiography and she spoofed 17 herself -- she had a great sense of humor -- 18 and she said that her mother had hoped that 19 she would be married to a prince, which was 20 why she gave her the education she did. There 21 were piano lessons, voice lessons, and a 22 grounding in the dramatic arts. She told her 23 daughter: "You're not the prettiest girl that 24 I've ever seen, you don't have the best voice 25 that I've ever heard, and you're not the best

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(518) 371-8910 1 actress. But put them all together, and we 2 may be able to get you a prince." 3 As a practical matter, she married 4 a prince of the theater, Moss Hart, in 1946. 5 A lot of people, maybe, here today don't know 6 Moss Hart, but he was very famous. He was a 7 director, he was a famous songwriter, he did a 8 great deal. 9 And the collaboration with the Marx 10 Brothers was one that she particularly 11 delighted in, because it gave her an 12 opportunity to exercise her great sense of 13 humor. 14 But she took jobs during the war 15 years wherever she could to help the war 16 effort, and she sang at many World War II bond 17 rallies. She appeared in the 1944 film -- 18 which is a film classic now -- "Hollywood 19 Canteen." 20 Until the end of her life, she 21 would burst into warm laughter. She had 22 grace, she had charm. And she used to like to 23 say she wanted to be considered somewhat 24 eccentric because, she said, it gave her a lot 25 of leeway.

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(518) 371-8910 1 She called herself a Johnny 2 Appleseed for culture, and that's truly what 3 she did, going into many of New York's 62 4 counties. She enjoyed the fact that she had 5 been termed a living landmark by the New York 6 Landmarks Conservancy the same year she was 7 inducted into the Theater Hall of Fame. 8 She wrote that her mother, when she 9 had realized that she was not the prettiest, 10 not the best actress, and not the best singer, 11 she said: "My dear, we've made a ghastly 12 mistake," indicating that she perhaps 13 shouldn't have pointed her toward the arts. 14 But she delighted in proving her mother wrong. 15 She said a career takes more than talent, it 16 takes character and perhaps stamina. 17 Just a few months ago, she said: 18 "I'm 96, and I'm loving it." Truly missed by 19 all of us, Kitty Carlisle Hart. 20 Mr. President, I'm proud to 21 cosponsor this resolution with Senator Bruno 22 and open it up to cosponsorship. 23 ACTING PRESIDENT MARCELLINO: As 24 we said earlier, Senator, the resolution has 25 been opened up to cosponsorship in the usual

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(518) 371-8910 1 way. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Very 4 briefly, I know that Kitty Carlisle Hart was 5 so important as far as the arts is concerned 6 and promoting the arts in our state. But I 7 wanted the members of this chamber to 8 understand that I performed with her on one 9 occasion. 10 There was a fundraiser in Syracuse, 11 by the Syracuse Stage, and the fundraiser was 12 an old-time radio show. And we each had our 13 various parts. As it turned out, Kitty 14 Carlisle Hart and I were lovers in this radio 15 program. Clearly, you'd have to have a lot of 16 imagination for that. 17 But it was a lot of fun, and she 18 was a wonderful, wonderful lady. And no one 19 promoted the arts more strongly than she did. 20 And she definitely will be sorely missed. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator. 23 On the resolution, all in favor 24 signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT MARCELLINO: The 5 resolution is adopted. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 Resolution 1671 is at the desk, by Senator 9 Bruno. If we could have it read in its 10 entirety, move for its immediate adoption, and 11 open it up for cosponsorship. 12 ACTING PRESIDENT MARCELLINO: The 13 Secretary will read. 14 THE SECRETARY: By Senator Bruno, 15 Legislative Resolution Number 1671, 16 memorializing Governor Eliot Spitzer to 17 proclaim April 24, 2007, as Senate 18 Disabilities Awareness Day in the State of 19 New York. 20 "WHEREAS, The New York State Senate 21 Committee on the Disabled is sponsoring the 22 27th Annual Senate Disabilities Awareness Day 23 in Albany, New York; and 24 "WHEREAS, Members of this 25 Legislative Body have selected residents from

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(518) 371-8910 1 their districts who embody the celebrated 2 spirit of perseverance and determination to 3 'achieve through adversity' to be honored as 4 2007 Senate Achievers; and 5 "WHEREAS, The special guest at the 6 27th Annual Senate Disabilities Awareness Day 7 is FLAME, the Lexington, New York, rock band 8 made up of 11 talented musicians with 9 developmental and physical disabilities, 10 including blindness, autism, and Down's 11 syndrome. Since 2003, FLAME has captivated 12 their audiences throughout New York State and 13 beyond; and 14 "WHEREAS, In addition, a Technology 15 Fair will be held, with exhibitors from across 16 the state displaying their programs; and 17 "WHEREAS, It is the sense of this 18 Legislative Body that persons with 19 disabilities merit our recognition as they 20 realize the goals of inclusion and equality in 21 our communities and society at large; and 22 "WHEREAS, It is the intent of this 23 Legislative Body to recognize persons with 24 disabilities, accentuating, in turn, the 25 benefit to New York State of their

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(518) 371-8910 1 contributions to our economic, educational, 2 and social growth; and 3 "WHEREAS, Senate Disabilities 4 Awareness Day so clearly labors for the 5 positive and salutary definition of the 6 communities of the State of New York; and 7 "WHEREAS, Senate Disabilities 8 Awareness Day provides individuals with an 9 opportunity to acknowledge and understand the 10 legislative process; now, therefore, be it 11 "RESOLVED, That this Legislative 12 Body pause in its deliberations to memorialize 13 Governor Eliot Spitzer to proclaim April 24, 14 2007, as Senate Disabilities Awareness Day in 15 the State of New York, fully confident that 16 such procedure mirrors our shared commitment 17 to the efflorescence of human dignity; and be 18 it further 19 "RESOLVED, That copies of this 20 resolution, suitably engrossed, be transmitted 21 to the Honorable Eliot Spitzer, Governor of 22 the State of New York; members of FLAME, 23 Lexington, New York, and selected 24 representatives of persons with disabilities." 25 ACTING PRESIDENT MARCELLINO: On

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(518) 371-8910 1 the resolution, Senator Morahan. 2 SENATOR MORAHAN: Thank you, 3 Mr. President. 4 The resolution really says it all, 5 and that resolution will become part of the 6 permanent record of this Senate. 7 And it is fitting and proper that 8 we do pause to recognize that this is the 27th 9 year that the New York State Senate has been 10 honoring the disabled community in the State 11 of New York by having this Disability 12 Awareness Day. 13 It's truly inspiring when you read 14 the stories of the nominees and the honorees 15 that we honored earlier today -- overcoming 16 disabilities, not even knowing that they're 17 disabled, doing things that ordinary people 18 like you and I probably could not accomplish. 19 But their fortitude and their courage is 20 outstanding. 21 One story after another of each 22 honoree is one that should give hope to all 23 those who may find themselves someday 24 disabled, and those that are out there today, 25 that you can be anything you want to be,

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(518) 371-8910 1 despite disabilities, when you stick to it, 2 when you get your education, get productive, 3 don't take no for an answer, just get things 4 done and serve as a role model for all the 5 people in the State of New York that clearly 6 indicates that our disabled are people, 7 they're people who have overcome great 8 hardships and challenges, and notwithstanding 9 those challenges and those hardships they have 10 been successful. 11 They have contributed to the 12 community in not-for-profit work, they have 13 contributed to their counties by being 14 employees, doing computer work, doing so many 15 amazing things that those of us who are 16 fortunate not to be disabled, who have not had 17 the challenges put in front of us, can now 18 benefit from. 19 So I believe that the disabled 20 nominees that we honor today serve as a 21 tribute to the courage of the human spirit, 22 that now we can be further encouraged to 23 encourage others, and that they serve to all 24 the people in the State of New York to share 25 the glory in their accomplishments.

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(518) 371-8910 1 Thank you, Mr. Chairman. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator. 4 If we could have some order in the 5 house, it would help. 6 Senator Robach, on the resolution. 7 SENATOR ROBACH: Yes, 8 Mr. President. I too rise to support this 9 resolution. And not only the resolution; 10 really, the ceremony that we had today. 11 When you hear these stories, as 12 Senator Morahan has pointed out -- not only 13 Shelly Perrin from my district, but all these 14 stories -- it really is a happy occasion. It 15 is really the personification of not what 16 challenges each and every one of us may face 17 to whatever level, but really the beauty and 18 joy of overcoming whatever you have to 19 overcome to accomplish your goals. 20 And every one of these winners, the 21 stories behind them, not only have they gone 22 on to achieve what they want, what's so 23 exemplary is they have all even gone above and 24 beyond that to then give back and help our 25 people in our community in so many areas.

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(518) 371-8910 1 And I do have to say, it may be 2 old-fashioned, it's an honor and privilege to 3 have this job. But each year when I see these 4 stories of inspiration, great human interest, 5 great joy, I am always inspired and I think 6 that they are really, truly role models to 7 everyone in society -- not only us in the 8 Legislature, but our communities -- that we 9 can accomplish good things. And certainly 10 with some severe challenges, if they can 11 overcome it, certainly we all can. 12 And I want to congratulate each and 13 every one of the winners, and also Senator 14 Morahan and Senator Bruno for having this 15 great, great day and highlighting disability 16 awareness. 17 Thank you. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator. 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: All of 22 Central New York is very proud of Kara 23 VanderVeer, who's over here, from our 24 district. 25 But even more than that, this day

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(518) 371-8910 1 is incredible. When I stood there watching 2 each person come forward, and listening to 3 their stories, it was absolutely unbelievable. 4 We come here and we complain about 5 various things, we battle about various 6 issues, we worry about the most minor, minor 7 things. And here are people that have 8 overcome very, very major things and then gave 9 back to the community by helping other people. 10 I don't know what more that can be said about 11 that. 12 And, secondly, what it does, it 13 truly inspires all of us and makes us 14 understand how important our job is to deal 15 with the issues that they tell us about and 16 that they're facing. Because the least we can 17 do is to make sure that they have the 18 opportunity to be the best that they can 19 possibly be. 20 Thank you very much, Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Thank you, Senator DeFrancisco. 23 Senator Farley. 24 SENATOR FARLEY: Thank you, 25 Mr. President.

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(518) 371-8910 1 I rise to pay tribute to my 2 nominees. Everybody is speaking of these 3 incredible people and what they've 4 accomplished in their lives, through their 5 handicaps and so forth. I have the FLAME, 6 which was the band that provided all the music 7 for this group. They have been here before, 8 last year. There's 11 of them. They're so 9 terrific, you can't believe it. Every single 10 one of them are performers of great ability. 11 And we have with us here this 12 afternoon Tim Fiori, who is the public 13 relations person for the Lexington group that 14 brought them here. And, Tim, you're going to 15 get them on the Tonight Show, as I understand. 16 We'll see what happens there. 17 But let me just say how proud I am 18 of our group. You never heard -- they had 19 everybody jiving and moving with this music 20 that they were providing for everyone. And 21 I'm very, very proud of every single member of 22 these. I'll spare you the reading the 11 23 names. But let it be said that I'm grateful 24 to them and honored that they came down here 25 and entertained us.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Thank you, Senator Farley. 3 Senator Maziarz. 4 SENATOR MAZIARZ: Thank you 5 Mr. President. 6 I just want to add my name to the 7 chorus and thank Senator Morahan for 8 sponsoring this day, and to recognize my 9 nominee, David Holly. David is here today 10 with his family. 11 David is an accomplished artist. 12 He visited my office earlier today and saw the 13 artwork of another very accomplished artist, 14 Constance DelVecchio Maltese, and pronounced 15 it not bad art. 16 (Laughter.) 17 SENATOR MAZIARZ: David has 18 overcome a lot of challenges. He works 19 closely with Opportunities Unlimited, an 20 organization within my Senate district, and 21 does great work and is a great role model for 22 all the other individuals out there with 23 special challenges. 24 Thanks, David, for being here. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Thank you, Senator Maziarz. 2 Senator Rath. 3 SENATOR RATH: Thank you, 4 Mr. President. 5 I rise also to thank Senator 6 Morahan for putting this day together, where 7 we all have stopped and paused in our 8 deliberations to congratulate some folks 9 throughout this state who don't have quite as 10 easy a day as most of us have every day. You 11 have some very special challenges and have had 12 them for a while. 13 I want to congratulate particularly 14 Dave O'Bryan, my honoree. He's joined by 15 Mayor Pilozzi from the City of Tonawanda. And 16 Dave as well as all of you have given some 17 very special gifts back to your communities 18 because you are disabled, because you have the 19 time, and because you have the sensitivity to 20 what the needs are. 21 And let me digress just a little 22 bit as you're here in this beautiful and very 23 historic room. Now, you can't see it from 24 where you're sitting, but over the chair where 25 Senator Marcellino is sitting, above the chair

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(518) 371-8910 1 of the President of the Senate, is the Great 2 Seal of the State of New York. It's in 3 stained glass. 4 And when you leave the room, be 5 sure to take a look at it. It's beautiful. 6 It shines in here every day. The sun comes 7 in, and there's the Great Seal. It reminds us 8 of something. 9 There are two mythological women 10 aside the Great Seal. One is Justice, and the 11 other is Liberty. And what is Justice as she 12 stands and holds the scale in her hands? 13 She's blind. There is a blindfold on Justice. 14 And so justice was felt, in this 15 wonderful rendition and the wonderful 16 understanding of the Great Seal of the State 17 of New York, justice would not be possible 18 unless it was blind and could not see. 19 And so those of you who are 20 disabled see and feel and understand things 21 that the rest of us maybe are too busy, we're 22 running too fast, we're moving too quickly, we 23 don't see it, we don't hear it. But 24 justice -- Justice, here -- is blind and 25 contributing justice to our people in the

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(518) 371-8910 1 State of New York and indeed all over our 2 world. 3 You have contributed so much. 4 Thank you, and please be sure to look at the 5 beautiful seal of the great State of New York. 6 And remember that in the future -- that 7 without being blind, justice might not be 8 delivered. And without you having to slow and 9 pause your pace a little bit, the wonderful 10 achievements that you have achieved might not 11 have been possible. 12 Thank you. 13 ACTING PRESIDENT MARCELLINO: 14 Thank you, Senator. 15 Senator Seward. 16 SENATOR SEWARD: Thank you, 17 Mr. President. 18 I too want to rise to, first of 19 all, thank Senator Morahan for sponsoring this 20 Awareness Day and to rise in support of this 21 resolution congratulating all of our achievers 22 here today. 23 This is, no question, one of the 24 most inspiring days of the year, as we listen 25 to the stories of what has been achieved by

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(518) 371-8910 1 these very brave individuals who have overcome 2 great challenges in their lives. 3 I particularly want to congratulate 4 Katherine -- Kate -- Pavlacka, of Oneonta, 5 who, due to a disease, turned blind by the age 6 of 15. But since that time, she's gone on to 7 be a college student at SUNY Oneonta, she's an 8 accomplished swimmer, a very competitive one. 9 She writes a newspaper column. And it's 10 interesting that she also works part-time for 11 Springbrook, which is an organization and 12 facility in my area that serves 13 developmentally disabled individuals. 14 So Kate spends her time working, 15 serving, and helping those who are 16 developmentally disabled. That's truly an 17 inspiration to us all, Kate. And my 18 congratulations to you, to your family, and to 19 all of our achievers this year. 20 ACTING PRESIDENT MARCELLINO: 21 Thank you, Senator Seward. 22 Senator Nozzolio, on the 23 resolution. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President. On the resolution.

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(518) 371-8910 1 I rise with great honor and 2 happiness in associating myself with the 3 tremendous comment of my colleagues, 4 particularly Senator Rath and her inspiring 5 discussion of our New York State seal and all 6 that represents. 7 That each year, as the Senate 8 conducts this very important day, I become 9 more and more inspired. And I wish to thank 10 Senator Morahan for again taking a leadership 11 role in ensuring that we focus on those who 12 are so successful and who have had to overcome 13 so much. 14 On a personal aside, I want to 15 thank Bob Greco for being here today and 16 sitting here with us. But Bob, I should add 17 very quickly, is no stranger to Albany this 18 session. This is the second time he's been 19 here. The first time was as the co-captain 20 and coach of the New York State Class A 21 Football Champion Geneva Panthers. 22 That Bob has worked with the team 23 for many years, and that someday he's going to 24 come back and be a coach, official full-time 25 coach himself. And that that, ladies and

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(518) 371-8910 1 gentlemen, was an inspiring -- is an inspiring 2 story, as Bob inspired the Geneva Panthers to 3 the state championship this year. 4 Bob, great to have you back with us 5 again, and that it is an honor to be before 6 all those who were honored today. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Nozzolio. 10 Senator Morahan. 11 SENATOR MORAHAN: Thank you, 12 Mr. President. 13 As we close this day of celebration 14 for our disabled citizens, let me just call to 15 mind that this started 27 years ago by 16 Senators who have served before us. And thank 17 you to Senator Bruno for continuing that 18 tradition. 19 And thanks to my colleagues for 20 your support and your recognition of those who 21 have faced hurdles and challenges back in your 22 own district -- as my nominee, Preston 23 Hollander, has as a quadriplegic, and to turn 24 out to be a department head for the County of 25 Rockland and doing all those great things.

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(518) 371-8910 1 So I want to thank everybody who 2 participated, thank all the families and 3 friends who came in support, and thank you 4 again. And hopefully next year we will 5 continue this tradition and again we'll honor 6 New Yorkers who, to me, are great achievers. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator. 10 On the resolution, all in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO: All 14 opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MARCELLINO: The 17 ayes have it. The resolution is passed. 18 And it is open for cosponsorship 19 from everyone in the usual manner. Anyone not 20 wishing to be on the resolution should notify 21 the desk. 22 Senator Libous. 23 SENATOR LIBOUS: Mr. President, I 24 believe there's a resolution by Senator 25 Breslin at the desk. And could that be read

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(518) 371-8910 1 at the present time, please, in its entirety. 2 ACTING PRESIDENT MARCELLINO: 3 Yes, sir, it's at the desk and it can be read. 4 The Secretary will read. 5 THE SECRETARY: By Senator 6 Breslin, Legislative Resolution Number 1607, 7 congratulating Rose Delehanty upon the 8 occasion of celebrating her 100th birthday on 9 April 27, 2007. 10 "WHEREAS, This Legislative Body is 11 justly proud to congratulate Rose Delehanty 12 upon the occasion of celebrating her 100th 13 birthday on April 27, 2007; and 14 "WHEREAS, Senior citizens bring a 15 wealth of experience and knowledge to the 16 increasingly active roles they play in today's 17 society. Their past contributions and future 18 participation are vital parts of, and valuable 19 assets, to the fabric of community life and 20 activity; and 21 "WHEREAS, On April 27, 1907, Rosina 22 Micari, the daughter of Italian immigrants 23 Pasquale and Angela Micari, was born in her 24 parents' home on Lansing Street in Albany, 25 New York; and

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(518) 371-8910 1 "WHEREAS, The third of 12 children, 2 Rosina attended St. John's Catholic School in 3 Albany, and there her name was changed to Rose 4 Micari." 5 ACTING PRESIDENT MARCELLINO: If 6 we could have some order in the house, please. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: "WHEREAS, Upon 10 graduation from eighth grade, Rose went to 11 work to help support her family. On 12 September 26, 1926, at the age of 19, she 13 married Joseph Delehanty; and 14 "WHEREAS, in 1947, Rose Delehanty 15 earned her high school equivalency diploma. 16 After working a few years at Montgomery Ward, 17 in 1953 she took a position with the Office of 18 the New York State Comptroller in the 19 retirement system; and 20 "WHEREAS, Widowed in 1955, Rose 21 Delehanty retired from New York State in 1969 22 and began traveling extensively throughout the 23 United States and Europe; and 24 "WHEREAS, Living on her own and 25 still very independent, Rose Delehanty is

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(518) 371-8910 1 active in the Senior Citizens of Albany, the 2 Salvation Army, and the Church of the Blessed 3 Sacrament; and 4 "WHEREAS, The mother of two beloved 5 children, John Joseph and Marilyn, Rose 6 Delehanty has 10 blessed grandchildren and 7 19 great-grandchildren; and 8 "WHEREAS, This exceptional 9 centenarian, with her zest for life, has 10 inspired and enhanced the lives of her family 11 and friends; and 12 "WHEREAS, This distinguished woman, 13 who has experienced the incredible joys and 14 sorrows characteristic of and reserved for 15 those with the stamina and courage to savor a 16 full life, has inspired all those around her; 17 and 18 "WHEREAS, This beloved senior 19 citizen has enriched the lives of those who 20 have been privileged to know her, through her 21 joyous and sincere love for others and through 22 the quiescent charm and wisdom which comes 23 only from a fullness of years; and 24 "WHEREAS, It is the intent of this 25 Legislative Body to publicly recognize those

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(518) 371-8910 1 who have reached such a remarkable age and 2 witnessed and who have celebrated the 3 innovations, cultural developments, and 4 awesome achievements of this country during 5 the last century, while themselves 6 contributing to the growth and excellence of 7 this great Empire State; now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to 10 congratulate Rose Delehanty upon the occasion 11 of her 100th birthday; and be it further 12 "RESOLVED, That copies of this 13 resolution, suitably engrossed, be transmitted 14 to Rose Delehanty." 15 ACTING PRESIDENT MARCELLINO: On 16 the resolution, Senator Breslin. 17 SENATOR BRESLIN: Thank you, 18 Mr. President. 19 It's my honor, and I believe the 20 first time that I can recall, that we are 21 celebrating the wonderful life of a young 22 woman who will be 100 years old this Friday 23 and is in the gallery with us. 24 Rose, would you stand up? 25 (Applause.)

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(518) 371-8910 1 SENATOR BRESLIN: And, you know, 2 I think of Rose living independently, by 3 herself, who's spent the entire hundred years 4 in the city of Albany. And she's joined here 5 by her son, John, and her daughter, Marilyn. 6 Ten grandchildren are here, from all over the 7 Northeast, 12 great-grandchildren, and other 8 relatives, all because they know the 9 inspiration that they've received from their 10 grandmother. 11 And it's just wonderful for me. I 12 know that when Rose was up in my office and I 13 had difficulties getting out of my chair, she 14 was able to help me. 15 (Laughter.) 16 SENATOR BRESLIN: And that's not 17 a joke, either. 18 So it's my honor to celebrate you, 19 Rose, to wish you a very happy birthday, to a 20 wonderful Delehanty family. 21 Thank you very much, Mr. President. 22 (Applause.) 23 ACTING PRESIDENT MARCELLINO: On 24 the resolution, all in favor signify by saying 25 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: The 6 resolution is passed. 7 Senator Libous. 8 SENATOR LIBOUS: Thank you, 9 Mr. President. I believe there's a resolution 10 at the desk, Number 1625, by Senator Farley. 11 And if that could be, please, read in its 12 entirety. 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Farley, Legislative Resolution Number 1625, 17 honoring the Junior League of Schenectady upon 18 the occasion of celebrating its 75th 19 anniversary. 20 "WHEREAS, The State of New York 21 takes great pride in acknowledging significant 22 milestones in the distinguished histories of 23 its esteemed entities; and 24 "WHEREAS, The Junior League of 25 Schenectady will celebrate its 75th

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(518) 371-8910 1 anniversary during a gala at the Glen Sanders 2 Mansion on May 4, 2007; and 3 "WHEREAS, The Junior League of 4 Schenectady is an organization of women 5 committed to promoting volunteerism, 6 developing the potential of women, and 7 improving the community through the effective 8 action and leadership of trained volunteers; 9 and 10 "WHEREAS, The Junior Workers League 11 was organized in 1929 by 12 charter members 12 who founded Family and Child Services of 13 Schenectady; and 14 "WHEREAS, in 1932, the Junior 15 League of Schenectady was incorporated and 16 became a member of the Association of Junior 17 Leagues of America; and 18 "WHEREAS, The Cerebral Palsy School 19 at Pleasant Valley was established with the 20 assistance of the League in 1947. The school 21 later became known as Camp Clover Leaf; and 22 "WHEREAS, The League launched the 23 Next-to-New Shop in 1948. The popular store 24 remained open until 1996; and 25 "WHEREAS, In 1956, the League

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(518) 371-8910 1 established the Junior Museum, or Halls of 2 Adventure, at the Schenectady Museum; and 3 "WHEREAS, The League published an 4 award-winning 125-page tour guide, Trip Tips, 5 in 1962. More than 5,000 copies were sold; 6 and 7 "WHEREAS, Between 1967 and 1970, 8 the League established Dominion House, a 9 temporary residence for those recovering from 10 mental illness; and 11 "WHEREAS, In 1972, the League began 12 the Schenectady Theater for Children and the 13 Environmental Clearinghouse; and 14 "WHEREAS, The Human Services 15 Planning Council, now called the Council of 16 Community Services, was established in 1973; 17 and 18 "WHEREAS, The League established 19 the Schenectady Community College Human 20 Services in 1977; and 21 "WHEREAS, The League helped to 22 launch Community Hospice in 1980; and 23 "WHEREAS, In 1985, the League began 24 its immensely popular Home for the Holidays 25 House Tour and also founded its Organization

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(518) 371-8910 1 of Past Presidents; and 2 "WHEREAS, The League established a 3 task force in 1988 on the court-appointed 4 special advocate, now part of the Law, Order 5 and Justice Center; and 6 "WHEREAS, The Children's Grieving 7 Center at Haven was founded in 1990; and 8 "WHEREAS, The Community Voicemail 9 Project was launched in 1995. In 1997, this 10 program was awarded the BMW Community Impact 11 Award; and 12 "WHEREAS, The League began its 13 mentoring program at Northeast Parent and 14 Child Society in 2000; and 15 "WHEREAS, In 2001, the League began 16 its Family Caregiver Education and Training 17 Program; and 18 "WHEREAS, The President's Award for 19 Community Service was established in 2002; and 20 "WHEREAS, The League began two 21 exciting programs in 2003, Operation Back to 22 School and the Times Union Holiday Fund, a 23 partnership with Schenectady County that 24 provides money to seniors in need; and 25 "WHEREAS, In 2006, the League

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(518) 371-8910 1 partnered with the Boys and Girls Club of 2 Schenectady to help combat childhood obesity; 3 and 4 "WHEREAS, The Junior League of 5 Schenectady has a long and distinguished 6 history of providing extraordinary community 7 service, and its members have touched many 8 lives through their remarkable dedication; 9 now, therefore, be it 10 "RESOLVED, That this Legislative 11 Body pause in its deliberations to honor the 12 Junior League of Schenectady upon the occasion 13 of celebrating its 75th anniversary, and be it 14 further 15 "RESOLVED, That copies of this 16 resolution, suitably engrossed, be transmitted 17 to the Junior League of Schenectady." 18 ACTING PRESIDENT MARCELLINO: On 19 the resolution, Senator Farley. 20 SENATOR FARLEY: Thank you, 21 Mr. President. 22 I rise to -- if you listen to that 23 resolution of all the things that this Junior 24 League has accomplished, it is absolutely 25 remarkable what they have done. This is not

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(518) 371-8910 1 just a social organization, it's a vibrant 2 group of women who have made such a difference 3 in our community. 4 You know, they have been committed 5 to volunteerism, they've been committed 6 completely to educational and charitable 7 organizations. They're nonpolitical. They've 8 been a recipient of my member items. And my 9 daughter Susan was very active with the Junior 10 League. 11 But let me just say that we have 12 with us today five of the shakers and movers 13 of this organization, including its president, 14 Denise Murphy McGraw, who many of the members 15 must know, who's been around this Capitol a 16 lot; Martha Auster; Amy Raimo; Patricia 17 Rowledge; and Deneen Palmateer, all of whom 18 are in the gallery. 19 Let me just say, as your Senator, 20 how proud I am of everything that the Junior 21 League of Schenectady has accomplished. It's 22 one thing after another that you've really 23 made a difference in our community. I'm very, 24 very grateful. 25 You know, it's often said -- at

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(518) 371-8910 1 least my wife has said -- that if you want 2 something done, get a woman to do it, because 3 they're so efficient and so active and so 4 vibrant. And the Junior League of Schenectady 5 is a perfect example of this. I'm very proud 6 of you. And a happy 75th anniversary. 7 Of course, none of these people 8 that are up there in the gallery were around 9 at any time during that 75 years. 10 (Laughter.) 11 SENATOR FARLEY: But we're 12 grateful to have you here, and we're very 13 pleased to honor you. Congratulations. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Rath, on the resolution. 16 SENATOR RATH: Thank you, 17 Mr. President. 18 I would not rise to speak on 19 Senator Farley's resolution were it not for 20 the fact that I'm a past president of the 21 Junior League of Buffalo. So I had to stand 22 and send my congratulations to the Schenectady 23 League. 24 And when you get to be sustainers, 25 you know how we're supposed to go out and take

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(518) 371-8910 1 what we learn out into the community. I 2 expect to see all of you in the Legislature at 3 some point. 4 Congratulations, Schenectady. 5 ACTING PRESIDENT MARCELLINO: All 6 in favor of the resolution signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MARCELLINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MARCELLINO: The 13 resolution is adopted. 14 (Applause.) 15 ACTING PRESIDENT MARCELLINO: 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President, I 18 believe there's another resolution at the 19 desk, Number 1682, by Senator Fuschillo. And 20 could we have that, please, read in its 21 entirety. 22 ACTING PRESIDENT MARCELLINO: I'm 23 sure we can find it and read it, Senator. 24 The Secretary will read. 25 THE SECRETARY: By Senator

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(518) 371-8910 1 Fuschillo, Legislative Resolution Number 1682, 2 memorializing Governor Eliot Spitzer to 3 proclaim April 2007 as Autism Awareness Month 4 in the State of New York. 5 "WHEREAS, A complex developmental 6 disability that typical appears during the 7 first three years of life, autism is the 8 result of a neurological disorder that affects 9 the functioning of the brain. Autism impacts 10 the normal development of the brain in the 11 areas of social interaction and communication 12 skills; and 13 "WHEREAS, The most common of the 14 pervasive developmental disorders, autism 15 affects an estimated 1 in 250 births. As many 16 as 1.5 million Americans today are believed to 17 have some form of autism; and 18 "WHEREAS, Four times more prevalent 19 in boys than girls, autism knows no racial, 20 ethnic or social boundaries. Children and 21 adults with autism typically have difficulties 22 in verbal and nonverbal communication, social 23 interactions, and leisure or play activities; 24 and 25 "WHEREAS, Over the past 30 years,

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(518) 371-8910 1 significant progress has been made in the 2 areas of research, medicine, diagnostic issues 3 and therapies for autism, resulting in 4 improved quality of life for those with autism 5 and their loved ones; and 6 "WHEREAS, An organization devoted 7 to raising autism awareness, Autism Speaks was 8 founded by Bob and Suzanne Wright in 2005. 9 Since then, it has evolved into a multifaceted 10 organization dedicated to funding global 11 biomedical research into the causes, 12 prevention, treatments and cure for autism; 13 raising public awareness about autism and its 14 effects on individuals, families and society; 15 and bringing hope to all who deal with the 16 hardships of this disorder; and 17 "WHEREAS, It is the sense of this 18 Legislative Body to recognize the achievements 19 made and to continue these efforts by 20 promoting the awareness and fostering the 21 understanding of autism; now, therefore, be it 22 "RESOLVED, That this Legislative 23 Body pause in its deliberations to memorialize 24 Governor Eliot Spitzer to proclaim April 2007 25 as Autism Awareness Month in the State of

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(518) 371-8910 1 New York; and be it further 2 "RESOLVED, That copies of this 3 resolution, suitably engrossed, be transmitted 4 to the Honorable Eliot Spitzer, Governor of 5 the State of New York; the Autism Coalition of 6 the Empire State; and Autism Speaks." 7 ACTING PRESIDENT MARCELLINO: On 8 the resolution, Senator Fuschillo. 9 SENATOR FUSCHILLO: Thank you 10 very much, Mr. President. 11 First I'd like to open this up to 12 sponsorship by members of this esteemed body. 13 The recent incident and legislation 14 that the body recently passed last week and 15 the Assembly did yesterday, Jonathan's Law, 16 with respect to the young boy, Jonathan Carey, 17 who recently passed away, an autistic 18 14-year-old boy, further heightened the 19 awareness of the issue of autism throughout 20 New York State. 21 You heard some figures in here, 1 22 in 250, and that's statewide. But nationwide, 23 Autism Speaks says it's 166 at the start of 24 this year. Now it's down to 1 in 150. 25 I want to commend Autism Speaks and

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(518) 371-8910 1 other advocacy groups throughout the state and 2 throughout the nation that promote the 3 awareness and research and treatment and just 4 the issue of autism as a whole. 5 We've made significant strides in 6 this state with respect to autism. Just last 7 year we enacted a new law that took effect 8 that would require insurance companies to 9 cover the diagnosis and treatment of autism. 10 We've established and recognized the Cody 11 Center, under the leadership of Senator Ken 12 LaValle. 13 But the issue of autism is still an 14 issue that's too quiet from New York State as 15 a whole. And I think Senator Libous said it 16 best during the hearings that we held with 17 respect to Senator Morahan's bill, Jonathan's 18 Law, that the state really fails the families. 19 In this case we know they failed the family. 20 But we don't do enough as a state to put more 21 dollars into research, more dollars into 22 treatment, more dollars into support for the 23 families. 24 I've met so many families, as so 25 many of my colleagues have in their districts,

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(518) 371-8910 1 of children and young adults that have autism. 2 We don't do enough to provide educational 3 facilities for the children throughout this 4 state, and we certainly don't do enough to 5 give peace of mind to the families when the 6 children get older. When the children get 7 older, what's going to happen to those to 8 those kids when the parents are no longer 9 around? Are there enough residential 10 facilities in this state? 11 So I'm glad that this resolution 12 will unanimously be passed and hopefully all 13 the members will go on it to declare April 14 "Autism Month" in the State of New York. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT MARCELLINO: 17 Thank you, Senator Fuschillo. 18 Senator Craig Johnson. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Mr. President. 21 I rise to thank Senator Fuschillo 22 for opening this up, because I'd like to join 23 on this resolution. 24 I, this past weekend, attended a 25 benefit thrown by three separate organizations

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(518) 371-8910 1 in Long Island who are dedicated to finding a 2 cure for autism, finding more treatment for 3 children with autism, and helping parents and 4 grandparents who deal with autistic children. 5 I attended -- and I have to tell 6 you, there were over a thousand people, young 7 people, parents and grandparents, attending 8 this ball in Long Island in Senator Hannon's 9 district, all dedicated to the cause. These 10 weren't just parents with autistic children, 11 but it was their friends, their relatives. 12 Because we are seeing really a growing crisis 13 when it comes to autism. 14 We don't know how it's caused. 15 There are a number of theories out there, but 16 right now we just don't know what's going on 17 with autism, and we need to do more. 18 I applaud Senator Fuschillo for 19 sponsoring this resolution. We need more 20 dollars from New York State to go into not 21 just finding how autism comes about, but 22 really treating it and growing the options and 23 treating these children with such a terrible 24 disease. 25 So I thank you, Senator Fuschillo,

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(518) 371-8910 1 for sponsoring this resolution, and I join 2 this resolution. 3 Thank you. 4 ACTING PRESIDENT MARCELLINO: 5 Thank you, Senator. 6 The resolution will be opened, at 7 the request of the sponsor, in the usual 8 manner. Anyone wishing not to be on the 9 resolution must notify the desk. 10 All in favor of the resolution 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MARCELLINO: The 17 resolution is adopted. Thank you. 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, I 20 believe we have one more resolution at the 21 desk, Number 1706, by Senator Savino. And 22 could we please have that read in its 23 entirety. 24 ACTING PRESIDENT MARCELLINO: 25 Thank you.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senator 3 Savino, Legislative Resolution Number 1706, 4 commending the Staten Island High School Girl 5 Scouts upon the occasion of their visit to the 6 New York Capitol in Albany on April 24, 2007. 7 "WHEREAS, It is the sense of this 8 Legislative Body to honor the youth of today 9 and leader of tomorrow whose character and 10 achievements best exemplify the ideals and 11 values cherished by this great state and 12 nation; and 13 "WHEREAS, Attendant to such 14 concern, and in full accord with its 15 long-standing traditions" -- 16 ACTING PRESIDENT MARCELLINO: If 17 we could please have some order in the house. 18 Thank you. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: -- "this 22 Legislative Body is justly proud to commend 23 the Staten Island High School Girl Scouts upon 24 the occasion of their visit to the New York 25 State Capitol in Albany on April 24, 2007; and

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(518) 371-8910 1 "WHEREAS, Girl Scouting has 2 cultivated in our state's young people the 3 goals of building solid values of sisterhood 4 and the importance of working with others, 5 stimulating both mind and body, instilling 6 pride, and encouraging community service and 7 success; and 8 "WHEREAS, an American and 9 international institution, Girl Scouting has 10 expanded the horizons of the countless 11 hundreds of thousands who have participated in 12 scouting programs; and 13 "WHEREAS, The founder of Girl 14 Scouts of USA, Juliette Gordon Low, 15 exemplified a lifelong willingness to learn 16 and to serve, and a desire to equip others to 17 do so. In developing the Girl Scout movement 18 in the United States, she brought girls of all 19 backgrounds into the out-of-doors, giving them 20 the opportunity to develop self-reliance and 21 resourcefulness; and 22 "WHEREAS, Quite contrary to the 23 societal mores of southern America in 1912, 24 Juliette Gordon Low encouraged girls not only 25 to prepare for roles as homemakers but for

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(518) 371-8910 1 active citizenship and possible roles as 2 professional women in the arts, sciences and 3 business; and 4 "WHEREAS, Active citizenship is 5 something that today's Girl Scouts know about. 6 Girls nationwide embrace making the world a 7 better place as part of the Girl Scout 8 experience, whether it's a Brownie Girl Scout 9 troop singing to residents at an assisted 10 living facility or teen girls donating their 11 Girl Scout cookie proceeds to hurricane 12 survivors; and 13 "WHEREAS, Thousands of girls ages 8 14 to 14 earn their Girl Scout Bronze and Silver 15 Award for improving their community through 16 service. Each year a very special set of teen 17 Girl Scouts pursue the Girl Scout Gold Award, 18 the leadership development project requiring 19 at least 70 hours of community service, after 20 completing a rigorous ladder of preparation 21 steps; and 22 "WHEREAS, Poised eagerly with 23 enthusiasm and determined purpose, the Staten 24 Island High School Girl Scouts now stand 25 honorably and in eager anticipation of future

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(518) 371-8910 1 challenges, understanding and appreciating the 2 caring counsel and support provided by their 3 teachers, coaches and parents; now, therefore, 4 be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to commend the 7 Staten Island High School Girl Scouts upon the 8 occasion of their visit to the New York State 9 Capitol in Albany on April 24, 2007, and to 10 extend to them the best wishes of this 11 Legislative Body for a future of purposeful 12 success and well-being, fully confident of 13 their response to a promising future and 14 appreciative of the model they represent for 15 all aspiring young people of the Empire State; 16 and be it further 17 "RESOLVED, That a copy of this 18 resolution, suitably engrossed, be transmitted 19 to the Staten Island High School Girl Scouts." 20 ACTING PRESIDENT MARCELLINO: On 21 the resolution, Senator Savino. 22 SENATOR SAVINO: Thank you, 23 Mr. President. 24 I rise today to join my colleague 25 Senator Andrew Lanza in welcoming the Staten

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(518) 371-8910 1 Island High School Girl Scouts to Albany for 2 their first trip up here. 3 The Girl Scout Council of New York 4 is the largest girl-serving organization in 5 New York City. In fact, it represents 22,000 6 young ladies and 7,000 adult volunteers. On 7 Staten Island, 19 percent of girls belong to 8 the Girl Scouts. 9 I want to thank their troop 10 leaders, Christine Battaglia and Jill Bowers, 11 for suggesting this trip and making it 12 possible, and for allowing myself and the 13 other Staten Island members of the delegation 14 to bring these young ladies to Albany. 15 The Girl Scout program is a 16 continuous adventure in learning that offers a 17 broad range of activities to help girls learn 18 new skills, gain self-confidence, make new 19 friends, provide service to their communities, 20 all while having fun and forming friendships. 21 The goal of the program is to help girls grow 22 into capable and responsible young women who 23 have respect for themselves and for others. 24 Thousands of Girl Scouts have grown 25 up to have careers in public service, whether

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(518) 371-8910 1 they be politicians, actresses, athletes, news 2 reporters. Some of them are U.S. Senator 3 Hillary Rodham Clinton; U.S. Senator Elizabeth 4 Dole; Dr. Sally Ride, the first female 5 astronaut; Barbara Walters; Janet Reno, the 6 former Attorney General of the United States; 7 Lucille Ball; Peggy Fleming, the great skater; 8 and Kitty Carlisle Hart, who we spoke about 9 earlier today. 10 In addition, in this room, Senator 11 Suzi Oppenheimer, Senator Toby Stavisky, 12 Senator Andrea Stewart-Cousins was a Brownie, 13 Senator Cathy Young, Senator Betty Little, 14 Senator Mary Lou Rath, Senator Shirley 15 Huntley, and, after Senator Mary Lou Rath 16 created a legislative troop, Senator Ruth 17 Hassell-Thompson joined at a little late stage 18 in her life. 19 But I want to just thank the young 20 ladies for coming up, for participating today. 21 And I hope that we have inspired you to think 22 about a career in public service. We know 23 you're already community-minded. And we hope 24 that today we've caught your attention and 25 some of you will think about a career in

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(518) 371-8910 1 public service. 2 So I want to thank you all for 3 coming to Albany, and hope this won't be the 4 last trip here. 5 Oh, yes. We would love to open 6 this up, Mr. President, open this up for 7 sponsorship to all of the members of the State 8 Senate. Thank you. 9 ACTING PRESIDENT MARCELLINO: The 10 resolution will be opened up to all for 11 sponsorship. And all those wishing not to be 12 on the resolution please notify the desk. We 13 don't anticipate any volunteers in that 14 category. 15 On the resolution, all in favor 16 signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT MARCELLINO: All 19 opposed. 20 (No response.) 21 ACTING PRESIDENT MARCELLINO: The 22 resolution is adopted unanimously. 23 (Applause.) 24 ACTING PRESIDENT MARCELLINO: 25 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Mr. President, I 2 believe there are some substitutions at the 3 desk that need to be read. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: On page 30, 7 Senator Trunzo moves to discharge, from the 8 Committee on Codes, Assembly Bill Number 2407 9 and substitute it for the identical Senate 10 Bill Number 3536, Third Reading Calendar 523. 11 And on page 34, Senator Volker 12 moves to discharge, from the Committee on 13 Investigations and Government Operations, 14 Assembly Bill Number 5985 and substitute it 15 for the identical Senate Bill Number 3212, 16 Third Reading Calendar 567. 17 ACTING PRESIDENT MARCELLINO: The 18 substitutions are ordered. 19 Senator Libous. 20 SENATOR LIBOUS: Mr. President, 21 could we now begin the noncontroversial 22 calendar. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read the noncontroversial 25 calendar.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 164, by Senator Rath, Senate Print 1755, an 3 act to amend the Penal Law, in relation to 4 endangering the welfare of a child. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MARCELLINO: 14 Senator Flanagan, to explain your vote. 15 SENATOR FLANAGAN: Thank you, 16 Mr. President, to briefly explain my vote. 17 I want to congratulate Senator Rath 18 on this legislation. It's part of a package 19 of bills that the Majority is advancing to 20 deal with the issue of domestic violence. 21 This is an issue that affects all 22 of us, all walks of life, every corner and 23 section of the state. It's an area where 24 we've done some good work but, frankly, we 25 have a lot more work to do.

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(518) 371-8910 1 I want to congratulate Senator 2 Rath, and in that context, I want to recognize 3 somebody who is here today helping advance the 4 interests of this cause. 5 And this is a representative and an 6 emissary, an ambassador, for everybody in this 7 room. She happens to come from the district 8 that I represent. But Mrs. New York is here 9 with us today, Lori Donaudy, with her husband, 10 Don. And she is representing State of 11 New York in the national pageant in the latter 12 part of this year. 13 And part of what they do in terms 14 of reviewing the criteria for their candidates 15 is to look at their record. Mrs. New York is 16 much more about what you do and how you do it, 17 and your activities and volunteerism are 18 extremely important. 19 Her area is in the area of domestic 20 violence. She spends a lot of time going to 21 our schools in all sections of the state, 22 talking to young men and women, probably about 23 200 at a time, to talk about the warning 24 signs, the signals, and how to prevent 25 domestic abuse and domestic violence.

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(518) 371-8910 1 There are a lot of people who work 2 after the fact and do the right thing and help 3 in many different ways. Here's someone who is 4 very articulate, very sincere, and very 5 effective in delivering the message because 6 she's hit a lot of kids. And she's truly made 7 a difference. 8 Working with us, I hope that we can 9 get some of these bills that we're talking 10 about chaptered into law. Senator Rath's bill 11 is a very positive step in that direction. 12 And I just again want to 13 congratulate Mrs. New York as being a true 14 ambassador for all of us here in New York 15 State. 16 Thank you. 17 ACTING PRESIDENT MARCELLINO: 18 Thank you, Senator Flanagan. 19 Announce the results, please. 20 THE SECRETARY: Ayes, 60. Nays, 21 1. Senator Montgomery recorded in the 22 negative. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 165, by Senator Golden, Senate Print 2034, an 2 act to amend the Penal Law, in relation to 3 endangering the welfare of a child. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 6. 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, 60. Nays, 13 1. Senator Montgomery recorded in the 14 negative. 15 ACTING PRESIDENT MARCELLINO: 16 Senator Montgomery, you'd like to explain your 17 vote? 18 SENATOR MONTGOMERY: Yes, please. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Montgomery, to explain her vote. 21 SENATOR MONTGOMERY: Yes, thank 22 you, Mr. President. I just want to explain. 23 I know that it may be misperceived 24 as me being against the welfare of children 25 and the safety of children in the State of

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(518) 371-8910 1 New York. But I just would like to go on 2 record to explain that neither of these bills 3 are in fact necessary as it relates to the 4 welfare of the child being endangered. 5 It really relates to the fact that 6 if there is a physical assault that takes 7 place in a home or in -- inside wherever, this 8 is presumed to be a domestic violence 9 situation where there are children present. 10 The situation with the domestic violence is 11 taken care of already in law. So it's not 12 that we are condoning or supporting domestic 13 violence. 14 What I am opposed to is creating 15 still an additional penalty not related to 16 domestic violence but related simply to the 17 fact that a child is present. And so if a 18 child were not present, the situation would be 19 taken care of. If a child is present, the 20 situation will be taken care of; it's just 21 that one of the parties or both of the parties 22 will be additionally charged. 23 And as my record will show, I 24 traditionally and consistently oppose adding 25 on more and more charges which puts the weight

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(518) 371-8910 1 much more heavily on anyone who already has a 2 prison sentence awaiting them. So I'm voting 3 no on this bill too. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Montgomery will be recorded in the 6 negative. 7 The bill is passed. 8 The Secretary will continue to 9 read. 10 THE SECRETARY: Calendar Number 11 195, by Senator Volker, Senate Print 2010, an 12 act to amend the -- 13 SENATOR DUANE: Lay it aside, 14 please. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is laid aside. 17 THE SECRETARY: Calendar Number 18 454, by Senator Volker, Senate Print 894, an 19 act to amend the Criminal Procedure Law and 20 the Family Court Act, in relation to the 21 duration of orders of protection. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 10. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 456, by Senator Golden, Senate Print 3717, an 9 act to amend the Executive Law, in relation to 10 making representative. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 495, by Senator DeFrancisco, Senate Print 23 3739, an act to amend the General Obligations 24 Law, in relation to the impact of litigation 25 settlements.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 497, by Senator Larkin, Senate Print 3880, an 13 act to amend the Surrogate's Court Procedure 14 Act, in relation to expanding. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 8. This 18 act shall take effect on the first of January. 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 1 499, by Senator DeFrancisco, Senate Print 2 4036, an act to amend the Surrogate's Court 3 Procedure Act, in relation to hearing 4 requirements. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 511, by Senator Maziarz, Senate Print 252, an 17 act to amend the Executive Law, in relation to 18 creating and authorizing. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 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 5 512, by Senator Larkin, Senate Print 427, an 6 act to amend the Tax Law, in relation to 7 partial eligibility. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 6. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. Nays, 16 1. Senator Duane recorded in the negative. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 513, by Senator Larkin, Senate Print 572, an 21 act to amend the Agriculture and Markets Law 22 and others, in relation to granting partial 23 deduction. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. Nays, 7 1. Senator Duane recorded in the negative. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 519, by Senator Leibell, Senate Print 3646, an 12 act to amend the Family Court Act and the 13 Domestic Relations Law, in relation to the 14 issuance of orders of protection. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 10. This 18 act shall take effect immediately. 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 1 521, by Senator Rath, Senate Print 1761, an 2 act to amend the Penal Law, in relation to 3 establishing. 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, 61. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 523, substituted earlier today by Member of 17 the Assembly Sweeney, Assembly Print Number 18 2407, an act to amend the Criminal Procedure 19 Law, in relation to authorizing. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 528, by Senator Nozzolio, Senate Print 3668, 7 an act to amend the Penal Law, in relation to 8 the crime of aggravated harassment. 9 ACTING PRESIDENT MARCELLINO: 10 Please read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MARCELLINO: If 18 everybody could just take a seat, in their 19 seats, so we can get an accurate head count. 20 With people moving in and out, we don't get an 21 accurate count, and we don't want to do that. 22 So if everybody could sit in their 23 seats, please. And could you raise your hands 24 if you're voting no, so we can take a count. 25 Please put your hands up if you're voting no

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(518) 371-8910 1 on this particular bill. 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 528 are 4 Senators Adams, Duane, Gonzalez, 5 Hassell-Thompson, Huntley, L. Krueger, 6 Montgomery, Parker and Perkins. 7 Ayes, 52. Nays, 9. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 535, by Senator Morahan, Senate Print 3894, an 12 act to amend the Penal Law, in relation to 13 designating. 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 1 538, by Senator Volker, Senate Print 3949, an 2 act to amend the Criminal Procedure Law and 3 the Family Court Act, in relation to delivery. 4 ACTING PRESIDENT MARCELLINO: 5 Please 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 15 552, by Senator Little, Senate Print 1126, an 16 act to amend the Environmental Conservation 17 Law and the County Law, in relation to county 18 responsibility. 19 ACTING PRESIDENT MARCELLINO: 20 There is a local fiscal impact note at the 21 desk. 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 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 7 561, by Senator Robach, Senate Print 4166, an 8 act to amend the Retirement and Social 9 Security Law, in relation to disability 10 benefits. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 567, substituted earlier today by Member of 23 the Assembly Schimminger, Assembly Print 24 Number 5985, an act to amend the Tax Law, in 25 relation to sales and compensating use tax.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 There is a local fiscal impact note at the 3 desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 61. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 Senator Libous, that completes the 14 noncontroversial reading of the calendar. 15 SENATOR LIBOUS: Thank you, 16 Mr. President. 17 Can we now go to the controversial 18 reading of the calendar. 19 ACTING PRESIDENT MARCELLINO: 20 Will the Secretary please ring the bell. And 21 all the members in their seats, please. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 195, by Senator Volker, Senate Print 2010, an 25 act to amend the Criminal Procedure Law, in

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(518) 371-8910 1 relation to police officer statements. 2 SENATOR KLEIN: Mr. President, 3 can we get an explanation, please. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Volker, an explanation has been 6 requested by Senator Klein. 7 SENATOR VOLKER: Mr. President, 8 there is already in the law provisions for 9 business records being submitted to the grand 10 jury by use of affidavits. The reason for 11 this has to do with the fact -- in fact, to 12 tell you the truth, some prosecutors are not 13 sure they like this. There's a reason. 14 You must understand, those of you 15 who are not lawyers, that grand jury 16 proceedings do not have lawyers. What happens 17 is the person who is to be questioned or wants 18 to go before a grand jury, if they want to, 19 the defense can send them in. 20 As a result, in a grand jury, what 21 happens is that the person is there, if he 22 wants to be, without a lawyer. 23 What's happened is that a lot of 24 police officers -- and I'm the first to admit 25 it, this is not the most popular bill among a

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(518) 371-8910 1 lot of troopers and police officers because 2 they like going in, because of course they get 3 paid for it. But what this says is that you 4 can get a sworn affidavit on business records 5 rather than, as happens now, that a trooper or 6 a local police officer has to actually go into 7 the grand jury and submit that this is the 8 proper record and so forth. 9 The reason I say some DAs have a 10 little bit of a problem with this is the fact 11 that the trooper or the police officer is 12 there, some DAs believe, has a potential 13 impact on the grand jury itself. 14 This bill, actually there's mixed 15 feelings about it. Because some people 16 believe, some defense attorneys would rather 17 not have the troopers in there making the 18 testimony. So they would almost prefer to 19 have the affidavits. 20 On the other hand, many troopers 21 obviously would like to go in, because they 22 get paid for it. In fact, according to the 23 numbers on this, the estimate is that it would 24 save the state about $150,000 a year just on 25 the State Police.

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(518) 371-8910 1 It's a fascinating issue. Some 2 defense attorneys just oppose it because when 3 they hear affidavits, they get nervous. But 4 let's remember here that they're not in the 5 grand jury. 6 And by the way, we checked this up. 7 And any grand juror can say "I don't accept 8 that affidavit, I want a trooper or an officer 9 to come in." We checked this up. The 10 prosecutor can ask for it, in fact. The 11 prosecutor has the right, if he doesn't 12 believe the affidavit would be sufficient, to 13 ask a police officer or a trooper to come in 14 to verify the document. 15 And there's somewhat complicated 16 rules here. This says "permits." Now, in 17 most proceedings there's no reason for the 18 police officer or trooper to come in to verify 19 a document. Remember, this is not confessions 20 or statements, this is basically business 21 documents. 22 So personally, I myself have mixed 23 feelings, in a way, because I've heard some 24 friends of mine who are in the police 25 profession have said they don't necessarily

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(518) 371-8910 1 like this bill because it will cost them some 2 money. But on the other hand, it will save 3 the state money and save local governments a 4 considerable amount of money. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you, 8 Mr. President. On the bill. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Schneiderman, on the bill. 11 SENATOR SCHNEIDERMAN: This is an 12 oldie but goodie. It is a bill we have seen 13 here before. And it's a bill that, as Senator 14 Volker acknowledges, has two sections. 15 One section, I think, I strongly 16 support, and I think everybody strongly 17 supports, allowing business records to be 18 received accompanied by a written statement, 19 an affidavit, testifying as to their validity 20 and that they're kept in the ordinary course 21 of business. That would save the small 22 businesses of New York State a lot of money. 23 Unfortunately, every time we see 24 this section of the bill, it's attached to a 25 particularly insidious poison pill, which is

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(518) 371-8910 1 the part of the bill that allows prosecutors, 2 as Senator Volker stated, to call police 3 officers to testify in a grand jury when they 4 want to, but to allow the evidence to be 5 presented by affidavit when they maybe think 6 the police officer wouldn't make such a good 7 impression, that maybe the police officer 8 doesn't look credible. 9 And as Senator Volker -- again, I 10 appreciate his candor, his usual candor -- 11 points out, defense lawyers aren't in grand 12 juries. It's true that grand jurors can ask 13 questions, but they aren't familiar, 14 ordinarily, with procedures and wouldn't 15 think, in the ordinary course, to stop a 16 district attorney and say, "I don't want to 17 accept the affidavit from a police officer, I 18 want to be able to see the person and examine 19 their credibility." 20 And I think that it's really 21 completely unnecessary to link the first 22 section of this bill to the second section 23 year after year. 24 So what I would suggest is there is 25 enough doubt about our system of criminal

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(518) 371-8910 1 justice in this state. There are large 2 communities in the state, whether you agree 3 with them or not, who feel that the system is 4 stacked against people of color, poor people, 5 residents of certain communities. 6 And particularly in cases where 7 there are issues that relate to police conduct 8 or allegations of police misconduct, I would 9 suggest that it is the wrong way to save money 10 for us to say that a prosecutor can decide: 11 This police officer really makes a good 12 witness, I'm going to bring him in, but the 13 other police officer looks suspicious, I'm not 14 going to bring him in when he's saying "these 15 are the circumstances when I arrested the 16 defendant." 17 We want confidence in our system of 18 criminal justice. We want people to believe 19 that police officers are subject to the same 20 standards of conduct, the same standards of 21 credibility as other ordinary citizens. And I 22 would suggest that this part of the bill is 23 never going to become law, it should never 24 become law. Police officers should show up in 25 a grand jury so that their credibility can be

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(518) 371-8910 1 evaluated, so they can be asked questions by 2 grand jurors if they want to, like every other 3 witness. 4 And let's do what we can do to 5 bolster the confidence of the public in our 6 criminal justice system, not further undermine 7 it. A grand jury proceeding is little enough 8 protection if a prosecutor really wants to get 9 you as it is. Let's not further weaken it. 10 So I would urge Senator Volker once 11 again -- and I think in a prior year he said 12 would we help him get the section about 13 business records through the Assembly. And I 14 tried to be candid myself and said the Speaker 15 doesn't listen to me all the time -- you know, 16 sometimes he doesn't do what I ask him to 17 do -- but I'm sure we would be as helpful as 18 we can be in trying to pass it. 19 But let's separate these two 20 portions of the bill. It is wrong to give 21 prosecutors the discretion to call some police 22 officers and not others in order to work a 23 case. Let's take that out. I'm voting 24 against this bill as long as it contains that 25 provision.

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(518) 371-8910 1 But I would urge the sponsor once 2 again, let's separate out the two provisions, 3 because the second one can save the small 4 businesses of the state a lot of money. 5 I'll be voting no. Thank you, 6 Mr. President. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Diaz, did you want to speak on the 9 bill? 10 SENATOR DIAZ: Thank you, 11 Mr. President. 12 Will the sponsor yield for one 13 question or two, please? 14 ACTING PRESIDENT MARCELLINO: 15 Senator Volker, will you yield to a question? 16 SENATOR VOLKER: Yes. 17 ACTING PRESIDENT MARCELLINO: He 18 yields, Senator. 19 SENATOR DIAZ: Senator Volker, 20 I'm going to play Columbo here. 21 SENATOR VOLKER: You're going to 22 what? 23 SENATOR DIAZ: I'm going to play 24 Columbo. 25 SENATOR VOLKER: Okay.

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(518) 371-8910 1 SENATOR DIAZ: I forgot my 2 raincoat, but I'm going to play Columbo here. 3 Could you please tell me what is a 4 grand jury and what is the purpose of 5 convening a grand jury? 6 SENATOR VOLKER: In our system, a 7 grand jury is a group of ordinary citizens 8 that are empaneled. 9 And what happens is they are set up 10 there to make decisions not as to whether a 11 person is guilty or innocent, but to decide 12 whether they should be criminally bound over; 13 that is, there's enough evidence or sufficient 14 evidence to put that person, to indict that 15 person -- in other words, send it through the 16 system to a regular jury. 17 They don't decide guilt or 18 innocence, they just decide whether there is 19 enough evidence. And not only enough 20 evidence, but whether the evidence is such 21 that it's in the -- it's supposed to be in the 22 best interests of the system to move ahead and 23 make -- 24 SENATOR DIAZ: Mr. President, 25 would the sponsor yield for another question?

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(518) 371-8910 1 SENATOR VOLKER: I certainly do, 2 yes. Go ahead. 3 ACTING PRESIDENT MARCELLINO: The 4 sponsor yields. 5 SENATOR DIAZ: And I'm going to 6 ask him to be brief in the response. 7 ACTING PRESIDENT MARCELLINO: 8 Well, the sponsor will answer the questions as 9 he sees fit, Senator, but -- 10 SENATOR VOLKER: No, that's okay. 11 SENATOR DIAZ: Senator Volker, 12 would you say that when a grand jury is 13 dealing with a person, every single detail or 14 piece of information that that grand jury 15 receives might put the life or the freedom of 16 that individual in jeopardy? 17 SENATOR VOLKER: No. And the 18 reason I say no is that the real jeopardy 19 comes after that person is put before the real 20 jury -- that is, the jurors who are to make a 21 decision -- and the prosecutor moves on. And 22 that's when you have an attorney. There's no 23 attorney in the grand jury. 24 SENATOR DIAZ: Mr. President, 25 will the sponsor yield for another question,

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(518) 371-8910 1 please? 2 SENATOR VOLKER: Certainly, yes. 3 ACTING PRESIDENT MARCELLINO: He 4 yields, Senator. 5 SENATOR DIAZ: If a grand jury 6 decides that the evidence presented to that 7 grand jury are no good, that person will go 8 free; right? 9 SENATOR VOLKER: Exactly. 10 SENATOR DIAZ: May I continue? 11 SENATOR VOLKER: Go ahead. 12 SENATOR DIAZ: So that means that 13 the information that that grand jury receives 14 in a way, in a way, might have the freedom or 15 the life of that individual in jeopardy, 16 because that grand jury could decide that 17 information or that paper has nothing to do, 18 send them home? 19 SENATOR VOLKER: Yeah -- 20 SENATOR DIAZ: So the grand jury 21 is so important for the life or the freedom of 22 that individual that we cannot -- you agree 23 with me that we cannot put that in dollar 24 figures, we have to be careful what we're 25 doing. Don't you agree?

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(518) 371-8910 1 SENATOR VOLKER: No question of 2 that, that you can't put it in dollar figures. 3 SENATOR DIAZ: I have the go 4 ahead? 5 ACTING PRESIDENT MARCELLINO: Go 6 right ahead. He yields. 7 SENATOR DIAZ: So, Senator 8 Volker, then when a person, a police officer 9 goes in front of that grand jury, as Senator 10 Schneiderman said, the facial expression, the 11 credibility, the mannerisms, the way in which 12 that officer could present the evidence might 13 carry a lot of weight into that grand jury? 14 SENATOR VOLKER: The answer is 15 no. And the reason it's no is if he has a 16 statement to make, he's got to go before the 17 grand jury. We're talking about business 18 records. This has nothing to do with 19 statements. 20 SENATOR DIAZ: No, I'm sorry. 21 I'm sorry. The business records, he already 22 said, is another side of the bill. Which we 23 approve, which we support, the business 24 records. 25 SENATOR VOLKER: I think maybe

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(518) 371-8910 1 you got a little bit confused here. 2 If a police officer is making a 3 statement that's part of the proceeding, he 4 has to go before the grand jury. You can't 5 just -- but what you can do is as far as 6 business records are concerned, affidavits and 7 like accident reports or whatever it is, the 8 person does not have to go before the grand 9 jury. 10 I think people get confused over 11 this. If you've got evidence to present 12 before a grand jury and if the police officer, 13 for instance, has to testify as to what 14 actually happened, he has to go before the 15 grand jury. 16 This is only business records. 17 This is not -- you can't just say -- you know, 18 I mean, that's the way it is. This is not a 19 trial. All this is is a -- and I think 20 sometimes Senator Schneiderman, as much as I 21 love Senator Schneiderman, he's a little 22 confused. 23 And, you know, I hate to say it, 24 but obviously if a police officer has a sworn 25 statement to make -- that is, an oral

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(518) 371-8910 1 statement -- he has to go before them. 2 SENATOR DIAZ: Senator Volker -- 3 ACTING PRESIDENT MARCELLINO: 4 Hold on. When did we lose control here? 5 Senator Volker, do you continue to 6 yield? 7 SENATOR VOLKER: Yes, I yield. 8 And I'll tell you what the problem is. 9 When you say a written or oral 10 statement, that kind of statement, if it gets 11 actually to -- and this is where the Assembly 12 got confused also. 13 Now, you want us to clear that 14 up -- 15 SENATOR DIAZ: Senator Volker -- 16 SENATOR VOLKER: Let me finish, 17 please. 18 ACTING PRESIDENT MARCELLINO: Let 19 him answer the question, please. 20 SENATOR VOLKER: Let me finish. 21 The problem is any statement that 22 gets to the very nature of the grand jury 23 issue, you cannot allow a police officer not 24 to appear. The DA would certainly want that 25 person to appear.

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(518) 371-8910 1 When you say an oral or written 2 statement -- by the way, it's misleading. 3 It's got to be a written statement. The 4 written statement is the only way you could 5 probably do this. I guess what they're 6 talking about is that if there was an oral 7 statement that was in some record or 8 something. 9 But normally speaking, if this gets 10 right to the heart of the crime, you have to 11 go before the grand jury, there's no question. 12 SENATOR DIAZ: Senator -- 13 SENATOR VOLKER: And by the way, 14 the opposition to this is not from defense 15 attorneys, it's from the police, I can tell 16 you. 17 SENATOR DIAZ: Senator Volker, 18 you're telling me that the Assembly and all of 19 us are confused except you? Everybody else is 20 confused? Because I'm reading, Senator 21 Volker -- 22 SENATOR VOLKER: All right. 23 Okay. I'm telling you the way the grand jury 24 situation works. 25 And I can tell you what this is all

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(518) 371-8910 1 about, but I'm reluctant to get into it 2 because your party is -- you're standing for 3 the police, and I understand that. 4 But in all honesty, the way a grand 5 jury works -- and I've been before a grand 6 jury. Most people haven't. I've been in a 7 grand jury, because I testified. The truth 8 is, there's no way that -- if a testimony, an 9 oral testimony gets to the heart of a case, 10 you've got to go appear. There's no way 11 around it. 12 This is really a matter of 13 statements that don't get to the heart of 14 the -- you know, we could knock that out, the 15 oral situation. But the truth is, what 16 they're talking about here is if you know 17 about grand juries and how they operate, if 18 it's an oral situation, it's written down 19 somewhere or whatever, then it's probably that 20 the person doesn't have to testify. 21 SENATOR DIAZ: Senator Volker, 22 before we get more confused, let me clarify 23 your statement. 24 You say that I'm here for the 25 police? I'm not here for the police. On the

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(518) 371-8910 1 contrary. On the contrary. Because I know 2 what the police could do, what a police 3 officer could do to our community. That's why 4 I'm standing here. I just want to be clear -- 5 SENATOR VOLKER: Let's lay the 6 bill aside. Lay the bill aside. 7 SENATOR DIAZ: Mr. Chairman, I 8 have the floor now. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is laid aside for the day at the request 11 of the sponsor. 12 SENATOR DIAZ: Oh, laid aside? 13 Okay. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Libous, that completes the reading of 16 the controversial calendar. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 Is there any housekeeping at the 20 desk? 21 ACTING PRESIDENT MARCELLINO: 22 There is no further business at the desk. 23 SENATOR LIBOUS: If there's no 24 further business at the desk, Mr. President, I 25 would say that the Senate will adjourn until

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(518) 371-8910 1 Wednesday, April 25th, at 11:00 a.m. 2 ACTING PRESIDENT MARCELLINO: 3 The Senate will stand adjourned until 4 Wednesday, April 25th, at 11:00 a.m. 5 (Whereupon, at 4:32 p.m., the 6 Senate adjourned.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910