Tuesday, May 1, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 1, 2007 11 3:12 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 invite everyone to join 5 with me in reciting the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: In the absence of 9 clergy, we will observe a moment of silence. 10 (Whereupon, the assemblage 11 respected a moment of silence.) 12 THE PRESIDENT: The reading of 13 the Journal. 14 THE SECRETARY: In Senate, 15 Monday, April 30, the Senate met pursuant to 16 adjournment. The Journal of Sunday, April 29, 17 was read and approved. On motion, Senate 18 adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

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(518) 371-8910 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 Motions and resolutions. 5 Senator Farley. 6 SENATOR FARLEY: Thank you, 7 Mr. President. 8 On behalf of Senator Morahan, on 9 page 30 I offer the following amendments to 10 Calendar Number 592, Senate Print 3960, and I 11 ask that that bill retain its place on the 12 Third Reading Calendar. 13 THE PRESIDENT: The amendments 14 are received and adopted. The bill will 15 retain its place on the Third Reading 16 Calendar. 17 SENATOR FARLEY: Mr. President, I 18 now move that the following bill be discharged 19 from its respective committee and be 20 recommitted with instructions to strike the 21 enacting clause. That's Senator Morahan's 22 bill, 5277. 23 THE PRESIDENT: So ordered. 24 SENATOR FARLEY: On behalf of 25 Senator Bonacic, Mr. President, I move that

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(518) 371-8910 1 the following bill be discharged from its 2 respective committee and be recommitted with 3 instructions to strike the enacting clause. 4 That's Senate Print 5273. 5 THE PRESIDENT: So ordered. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if we could adopt the Resolution Calendar at 9 this time. 10 THE PRESIDENT: All in favor. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed. 13 (No response.) 14 THE PRESIDENT: The Resolution 15 Calendar is adopted. 16 SENATOR SKELOS: Mr. President, I 17 believe the Minority are in conference right 18 now. We'll wait several more minutes, but 19 then we will start the noncontroversial 20 reading of the calendar. 21 Mr. President. 22 THE PRESIDENT: Senator Skelos. 23 SENATOR SKELOS: Yes, if we could 24 go to the noncontroversial reading of the 25 calendar, please.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will conduct the noncontroversial reading of 3 the calendar. 4 THE SECRETARY: Calendar Number 5 361, by Senator Maziarz, Senate Print 3712, an 6 act to amend the Labor Law, in relation to 7 regulation. 8 THE PRESIDENT: The Secretary 9 will read the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 THE PRESIDENT: The Secretary 13 will call the roll. 14 (The Secretary called the roll.) 15 THE PRESIDENT: The Secretary 16 will announce the results. 17 THE SECRETARY: Ayes, 37. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 460, by Senator Maltese, Senate Print 1063, an 22 act to amend the Civil Service Law, in 23 relation to resolution of disputes. 24 THE PRESIDENT: Last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 37. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 494, by Senator Rath, Senate Print 2992, an 9 act to amend the Real Property Law, in 10 relation to campgrounds. 11 THE PRESIDENT: 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 SECRETARY: Ayes, 37. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 517, by Senator Seward, Senate Print 2735, an 21 act in relation to creating a state civil air 22 patrol board. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 6. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 37. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 595, by Senator Morahan, Senate Print 2440, an 9 act to amend the Education Law, in relation to 10 tuition-free courses. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the first of January. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 37. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 612, by Senator Larkin, Senate Print 3898, an 22 act to amend the Racing, Pari-Mutuel Wagering 23 and Breeding Law, in relation to hearings. 24 THE PRESIDENT: Last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 37. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 613, by Senator Larkin, Senate Print 4059, an 9 act to amend the Racing, Pari-Mutuel Wagering 10 and Breeding Law, in relation to reciprocity 11 of licenses. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 39. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 615, by Senator DeFrancisco, Senate Print 38, 23 an act to amend the Executive Law, in relation 24 to establishing Ukrainian Independence Day. 25 THE PRESIDENT: Last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 39. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 621, by Senator Farley, Senate Print 1294, an 10 act to amend the Executive Law, in relation to 11 designation of August 7th as Family Day, a day 12 of commemoration. 13 THE PRESIDENT: Last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 30th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Duane, to 19 explain his vote. 20 SENATOR DUANE: Thank you, 21 Mr. President. 22 I'm going to be voting no on this 23 piece of legislation. I am taken aback that 24 today of all days, when the Empire State Pride 25 Agenda brought thousands of people here to the

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(518) 371-8910 1 State Capitol to meet with legislators, to 2 rally on the lawn outside the Capitol, really, 3 for the sole purpose of trying to provide for 4 equal protection for our families -- and as 5 you can imagine, it's odd that there would be 6 a noninclusive Family Day piece of legislation 7 coming before us today. 8 As we look around us, Canada 9 Massachusetts, Vermont, New Jersey, 10 Connecticut, even New Hampshire all have 11 recognition of our families, of my family. 12 And we don't have that in New York State, and 13 it's not in this piece of legislation. And I 14 will be voting no. 15 Thank you, Mr. President. 16 THE PRESIDENT: Senator Duane 17 will be recorded in the negative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 38. Nays, 21 1. Senator Duane recorded in the negative. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 624, by Senator Robach, Senate Print 2616A, an

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(518) 371-8910 1 act to amend the State Finance Law, in 2 relation to state contracts. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 8. This 6 act shall take effect on the first of January. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 39. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 633, by Senator Skelos, Senate Print 4055, an 14 act to amend the General Business Law, in 15 relation to authorizing collateral loan 16 brokers. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 30th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 39. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 634, by Senator Skelos, Senate Print 4056, an 3 act to amend the General Business Law, in 4 relation to requiring employees. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 39. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 641, by Senator Volker, Senate Print 1971, an 16 act to amend the Civil Practice Law and Rules, 17 in relation to attorney-client privilege. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 39. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 643, by Senator Skelos, Senate Print 2374, an 4 act to amend the Criminal Procedure Law, in 5 relation to statute of limitations. 6 THE PRESIDENT: Last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE PRESIDENT: Senator Duane, to 12 explain his vote. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 I'm going to be voting in the 16 negative on this one, regarding extending the 17 statute of limitations for commencing a 18 criminal case where DNA evidence is recovered, 19 even when there's a discrepancy between the 20 evidence and what's in the DNA index. 21 There are still problems with 22 storage of DNA handling of DNA, training of 23 people who handle DNA. And unless and until 24 we have a hearing on where exactly we're at on 25 these issues surrounding DNA, and come up with

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(518) 371-8910 1 solutions for how we can best and most 2 carefully use DNA, I feel compelled to vote in 3 the negative. 4 Thank you, Mr. President. 5 THE PRESIDENT: Thank you, 6 Senator Duane. 7 Senator Duane will be recorded in 8 the negative. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 38. Nays, 12 1. Senator Duane recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 647, by Senator Volker, Senate Print 4020, an 17 act to amend the Civil Practice Law and Rules, 18 in relation to exempting service. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 39.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 650, by Senator Nozzolio, Senate Print 4043, 5 an act to amend the Penal Law and the 6 Correction Law, in relation to sexual conduct. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 39. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 652, by Senator Robach, Senate Print 4066, an 18 act to amend the Criminal Procedure Law, in 19 relation to revocation. 20 THE PRESIDENT: Last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 30th day. 23 THE PRESIDENT: The Secretary 24 will call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 39. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 653, by Senator Libous, Senate Print 4096, an 6 act to amend the Penal Law, in relation to 7 increasing the penalties. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 39. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 654, by Senator Volker, Senate Print 4114, an 19 act to amend the Criminal Procedure Law and 20 the Judiciary Law, in relation to allowing. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 5. This 24 act shall take effect on the first of 25 November.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 38. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 658, by Senator Lanza, Senate Print 4381, an 9 act to amend the Penal Law, in relation to 10 criminal street gang recruitment. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 60th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes, 38. Nays, 18 1. Senator Duane recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 659, by Senator Little, Senate Print 4513, an 23 act to amend the Criminal Procedure Law, in 24 relation to designating certain employees. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 38. Nays, 7 1. Senator Duane recorded in the negative. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 662, by Senator DeFrancisco, Senate Print 12 1830, an act to amend the Military Law, in 13 relation to the waiving of filing fees. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 39. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 663, by Senator Morahan, Senate Print 2169, an 24 act to amend the Military Law, in relation to 25 extending.

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(518) 371-8910 1 THE PRESIDENT: Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 39. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 666, by Senator Saland, Senate Print 1096, an 11 act to amend the Education Law, in relation to 12 involuntary transfer. 13 SENATOR SKELOS: Lay that aside 14 temporarily, please. 15 THE PRESIDENT: Calendar Number 16 666 will be laid aside temporarily. 17 SENATOR SKELOS: Mr. President. 18 THE PRESIDENT: Senator Skelos. 19 SENATOR SKELOS: There will be an 20 immediate meeting of the Finance Committee in 21 the Majority Conference Room. 22 THE PRESIDENT: There will be an 23 immediate meeting of the Finance Committee in 24 the Majority Conference Room. 25 The Senate will stand at ease.

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(518) 371-8910 1 (Whereupon, the Senate stood at 2 ease at 3:29 p.m.) 3 (Whereupon, the Senate reconvened 4 at 3:57 p.m.) 5 THE PRESIDENT: Senator Skelos. 6 SENATOR SKELOS: Mr. President -- 7 I'm not sure whether to call you Mr. President 8 or Mr. Governor today. But it's great to see 9 you up there. 10 And if we could return to the 11 calendar, Calendar Number 666 was temporarily 12 laid aside. If we could take it up at this 13 time. 14 THE PRESIDENT: The Secretary 15 will read Calendar Number 666. 16 THE SECRETARY: Calendar Number 17 666, by Senator Saland, Senate Print 1096, an 18 act to amend the Education Law, in relation to 19 involuntary transfer. 20 THE PRESIDENT: Last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect on the first of 23 September. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE PRESIDENT: Senator Duane, to 2 explain his vote. 3 SENATOR DUANE: Thank you, 4 Mr. President. 5 I believe the last time that this 6 piece of legislation came to the floor, which 7 was in 2005, there were four members of the 8 conference that voted no on it -- myself, 9 Senator Velmanette Montgomery, Senator Ruth 10 Hassell-Thompson, and Senator Kevin Parker. 11 And I am going to be voting no on 12 it again this year, Mr. President, and I think 13 you might find there will be some other no 14 votes as well. 15 Thank you. 16 THE PRESIDENT: Senator Duane 17 will be recorded in the negative on Calendar 18 Number 666. 19 Senator Montgomery, to explain her 20 vote. 21 SENATOR MONTGOMERY: Yes, 22 Mr. President. I thank my leader for 23 reminding us, and I'm going to continue to 24 oppose this legislation. 25 And as I have said in the past, it

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(518) 371-8910 1 is definitely not because I do not support 2 safety in the schools and all of the rationale 3 that is used to support this legislation. 4 However -- and the fact that we are 5 fairly loose in the way that we describe what 6 a student's behavior is under this bill. We 7 say "disruptive," and that is a very broad 8 description. It's very subjective. And I 9 don't believe that we should be in the 10 business of involuntarily transferring 11 students simply because they are disruptive by 12 someone's definition. That certainly is not 13 our intent to be used. 14 So I'm going to continue to oppose 15 this legislation, and I invite my colleagues 16 to join me in opposing this, especially in 17 light of the fact that we do not provide 18 enough support in our schools, including 19 school-based health clinics where they would 20 have health professionals, mental health 21 professionals, crisis intervention services, 22 and other supports for young people who come 23 to school who may have issues that bring them 24 to negative behavior that could be handled 25 otherwise besides carting them off

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(518) 371-8910 1 involuntarily to some other place. 2 So, Mr. President, I vote no. 3 THE PRESIDENT: Senator 4 Montgomery will be recorded in the negative on 5 Calendar Number 666. 6 The chair recognizes Senator Diaz. 7 SENATOR DIAZ: Thank you, 8 Mr. Chairman, Mr. President. 9 Bullies are a problem. We have a 10 responsibility to educate everyone and to be 11 sure that no child is left behind. But in my 12 district, there are many mothers and many 13 parents that send their children to school and 14 they are afraid of what's happening to them. 15 And in our communities the dropout rate is 16 about 40 percent, and the great majority of 17 the dropout rate, the reason why our children 18 drop out of school, is because there are 19 bullies. 20 Bullies that fight with them, 21 bullies that abuse them, bullies that go to 22 the school with the only reason to show off, 23 to abuse other children, to disrupt the 24 schools. And the children that want to go to 25 school to study and those children that want

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(518) 371-8910 1 to get a good education are stopped from 2 getting a good education because of the 3 bullies and because of the disruptive 4 children. 5 So yes, we have to provide for 6 everyone. But we have to take into 7 consideration that their parents -- in my 8 district, there are parents that have taken 9 their children out of the school because of 10 abuses from the bullies. So we have to be 11 sure that those children that want to be a 12 real good education, they get that. And if 13 for that we have to transfer the bullies out 14 of the school, we should do that. 15 Our system allows children to be 16 transferred for academic reasons. So for 17 academic reasons, they transfer children. So 18 if they transfer children for academic 19 reasons, why not transfer children for 20 disruptive and abusive situations? We have to 21 protect the teachers, we have to protect the 22 children, we have to protect everybody that 23 wants to go to school to learn. 24 So, ladies and gentlemen, I am in 25 support of this bill, and I ask everyone,

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(518) 371-8910 1 before we vote and before we continue blaming 2 the system or that to consider those mothers 3 and those fathers, those parents that want to 4 protect their children and that wants a good 5 education for their children. Those are the 6 ones that we are supposed to have in mind and 7 those are the ones that we are supposed to be 8 protecting. I'm proudly voting yes on this 9 bill. 10 Thank you. 11 THE PRESIDENT: Senator Diaz will 12 be voting in the affirmative on Calendar 13 Number 666. 14 The Secretary will announce the 15 results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 666 are 18 Senators Adams, Duane, Montgomery, Parker and 19 Perkins. 20 Ayes, 53. Nays, 5. 21 THE PRESIDENT: The bill is 22 passed. 23 That completes the noncontroversial 24 reading of the calendar, Senator Skelos. What 25 is your pleasure?

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees, there's a report of the Finance 4 Committee at the desk. I ask that we take it 5 up at this time. 6 THE PRESIDENT: Reports of 7 standing committees. 8 The Secretary will read the report 9 of the Finance Committee. 10 If the bullies aren't quiet, we 11 will throw them out of this chamber. 12 THE SECRETARY: Senator O. 13 Johnson, from the Committee on Finance, 14 reports the following nominations. 15 As a member of the State Board of 16 Parole, George B. Alexander, of Erie. 17 THE PRESIDENT: On the 18 nomination. Senator Johnson. 19 SENATOR OWEN JOHNSON: Move the 20 nomination. 21 THE PRESIDENT: Senator Maziarz, 22 on the nomination. 23 SENATOR MAZIARZ: Thank you very 24 much, Mr. President. 25 I rise to support this nomination.

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(518) 371-8910 1 George Alexander, from Western New York, has 2 had a distinguished career in Western New York 3 in the Erie County Probation Department, Youth 4 Detention Services, appeared before the Senate 5 Committee on Crime Victims, Crime and 6 Corrections, the Finance Committee. 7 I've known George for a long time. 8 This is the right spot, as chairman of the 9 Parole Board. And I know that George will do 10 an excellent job. 11 Congratulations, George, to you and 12 your family. 13 Thank you, Mr. President. 14 THE PRESIDENT: The question is 15 on the nomination of George Alexander as chair 16 of the New York State Parole Board. All in 17 favor please indicate so by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The nomination is 22 carried. 23 George Alexander, who is 24 accompanied today by his brother Oji and his 25 sister-in-law, Carolyn Reed, you have just

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(518) 371-8910 1 been nominated and confirmed as the chair of 2 the New York State Parole Board. 3 Congratulations and best wishes in your 4 service. 5 (Applause.) 6 THE PRESIDENT: I also will make 7 mention of the fact that Senator Volker and 8 Senator Thompson wanted to lend their voices 9 to this nomination. It is carried 10 unanimously. 11 The Secretary will read. 12 THE SECRETARY: As a member of 13 the State Board of Parole, William M. Casey, 14 of Pleasantville. 15 THE PRESIDENT: On the 16 nomination, Senator O. Johnson. 17 SENATOR OWEN JOHNSON: Move the 18 nomination. 19 THE PRESIDENT: On the nomination 20 of William Casey, of Pleasantville, to the 21 New York State Parole Board. All those in 22 favor please indicate so by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: William Casey, 2 who appears today with his wife, Mary, has 3 just been confirmed as a member of the 4 New York State Parole Board. 5 Congratulations, Mr. Casey, and 6 best wishes in your service. 7 (Applause.) 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: As a member of 11 the State Board of Parole, Henry Lemons, of 12 St. Albans. 13 THE PRESIDENT: Senator O. 14 Johnson. 15 SENATOR OWEN JOHNSON: Move the 16 nomination. 17 THE PRESIDENT: Senator Adams. 18 SENATOR ADAMS: Yes, 19 Mr. President, I rise in support of the 20 nomination of my friend and colleague, Henry 21 Lemons. 22 Henry was a member of the New York 23 City Police Department and several others -- 24 if you read his bio, you'll see that he was a 25 member of several other law enforcement

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(518) 371-8910 1 communities. 2 To sit on the Parole Board, it 3 gives him the opportunity to use those many 4 years of experience to make the very important 5 decision, are we going to allow individuals to 6 return back to our community? Are they ready 7 to be a member of society? 8 And I think that you need the level 9 of expertise that Henry brings. I think that 10 the Governor made a great decision in allowing 11 him to be a member of the Parole Board. We're 12 looking forward to have him on that Parole 13 Board and to use his experience as a law 14 enforcement in fighting narcotics on our 15 streets, fighting street-level crime, 16 predatory crime. 17 He truly was an asset to the 18 New York City Police Department and the other 19 law enforcement agencies that he was 20 affiliated with. 21 And I say congratulations to you, 22 Henry. It's clearly the state's gain by 23 having you on board. 24 THE PRESIDENT: On the 25 nomination, Senator Perkins.

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(518) 371-8910 1 SENATOR PERKINS: Thank you, 2 Mr. President. 3 I just want to briefly add my voice 4 of congratulations and support to Henry Lemons 5 on his confirmation. 6 I wish you well and look forward to 7 working with you. You've come at a very 8 important time, and I think that there's a 9 great mission for you, and I think that we all 10 here are going to make sure that you are 11 successful. 12 Thank you so much. 13 THE PRESIDENT: On the 14 nomination, Senator Montgomery. 15 SENATOR MONTGOMERY: Yes, 16 Mr. President, I would be remiss if I didn't 17 rise to join my colleagues Senator Adams and 18 Senator Perkins in congratulating the nominees 19 here, both Mr. Lemons, who we're talking to 20 right now, but also Mr. Alexander and 21 Mr. Casey. 22 I want to say that definitely you 23 are important to certainly my district, people 24 in my district, and as well as my colleagues 25 who have spoken.

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(518) 371-8910 1 The first time that I visited a 2 prison facility in the state was amazed when I 3 walked through the corridors and people 4 greeted me: "Hello, Senator Montgomery." 5 They were obviously people who had lived in my 6 district or had relatives in my district and 7 knew me or knew of me. 8 And so those people come back home 9 to my district and other parts of the city and 10 other parts of the state. And I believe that 11 it is extremely important that the face of the 12 criminal justice system, especially the face 13 of parole, should reflect the region and the 14 group that those people who are actually in 15 prison reflect as well. 16 So I'm happy to welcome you. And I 17 think that the Governor has made a very wise 18 appointment, because he understands the point 19 that we have made that the Parole Board needs 20 to be staffed and led by people who really 21 understand what the function of parole is, and 22 that is to help to successfully reintegrate 23 people back into their home communities as 24 opposed to being an obstacle to their ability 25 to successfully reenter.

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(518) 371-8910 1 So, Mr. President, I join my 2 colleagues in complimenting the Governor on 3 these appointments, and wish you well and look 4 forward to working with you to make sure that 5 we are able to continue to be successful in 6 this state in helping people to reenter. 7 Thank you very much. 8 Thank you, Mr. President. 9 THE PRESIDENT: On the 10 nomination, Senator Nozzolio. 11 SENATOR NOZZOLIO: Thank you, 12 Mr. President. 13 Mr. President and my colleagues, 14 each of the nominees for the office of the 15 Parole Board, as parole commissioners, came 16 before the New York State Senate Committee on 17 Crime Victims, Crime and Corrections. We, in 18 a bipartisan fashion, reviewed their 19 qualifications. 20 And I can say that certainly they 21 are outstanding individuals who have a variety 22 of experiences -- particularly in law 23 enforcement, but also in parole -- that will 24 enhance the operations of the New York State 25 Board of Parole. That this confirmation

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(518) 371-8910 1 process is an important process because it 2 provides the Senators the opportunity to 3 directly dialogue with potential nominees and 4 discuss very important issues of policy. 5 And I think it important to note 6 that particularly two of the commissioners, 7 the nominations, have had extensive experience 8 in law enforcement, were police officers. And 9 not just police officers, but police officers 10 that have achieved stellar performance ratings 11 throughout their career, have been involved in 12 very important cases in the New York City 13 Police Department, and have done exemplary 14 work as police officers -- as well as 15 experience in the parole system. Our nominees 16 bring that type of background and experience 17 to their new positions. 18 My admonition during the committee 19 review and continuing here on the floor is 20 that as their focus in their new endeavors 21 should be, first and foremost, to helping 22 achieve justice. That parole is an issue of 23 justice. 24 And if you are engaging in the 25 review of the character and qualifications of

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(518) 371-8910 1 those who have been incarcerated and whether 2 those who have been incarcerated should be let 3 out on parole, that that, in effect, decision 4 is one that should be tempered by the view of 5 the crime victim. 6 Remember the victim of this crime, 7 as we this last few weeks commemorated Crime 8 Victims Week. That the focus needs to be 9 placed on how that victim had been victimized 10 by the perpetrator of the crime and whether 11 that perpetrator has in effect been 12 rehabilitated and justice has been achieved. 13 Having said that, I also wish to 14 congratulate these nominees, that we look 15 forward to working with them and making the 16 parole system a justice system. And that we 17 are very hopeful that they will continue to 18 focus on the fact that this body itself has 19 established a zero tolerance for violence in 20 New York and that we will entertain only those 21 who have been through achieving a balance in 22 justice, and justice for the crime victim in 23 particular. 24 Thank you very much, Mr. President. 25 THE PRESIDENT: On the

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(518) 371-8910 1 nomination, Senator Smith. 2 SENATOR SMITH: Thank you very 3 much, Mr. President. 4 And let me rise to second the 5 nomination of Henry Lemons and echo much of 6 what has been said already about him. 7 He obviously has had a 8 distinguished career in the New York City 9 Police Department. He was in the Kings County 10 District Attorney's office. He also was in 11 the Air Force. 12 Obviously this position requires 13 one who has the ability to be fair-minded. 14 There are difficult decisions, difficult 15 choices he will be faced with along with the 16 other members of the Parole Board. 17 But I will tell you, growing up in 18 St. Albans, Queens, which is where Mr. Henry 19 Lemons is from, he has always been that kind 20 of individual. The Governor has made an 21 excellent selection in Mr. Lemons, 22 notwithstanding the fact that he also is a 23 member of my church as well, with Reverend 24 Flake as pastor. He is also a very well 25 respected individual in our church.

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(518) 371-8910 1 But he has gotten that same 2 response from many of his colleagues. In 3 every career that he was involved with, every 4 position he's held, he has always received 5 accolades from his friends and his peers. I 6 attended a function not too long ago where he 7 is the president of, the chairman of, and they 8 were just singing his praises. Senator Adams 9 was there as well; he was actually honored at 10 the event. It was a great event. 11 So I just rise to second the 12 nomination. I think the Governor made a great 13 selection. Senator Nozzolio, I thank you for 14 your pushing on making sure these nominations 15 happened. And I think it's a great day for 16 the Parole Board and a great day for 17 St. Albans, Queens. 18 Thank you very much. 19 THE PRESIDENT: Senator Smith has 20 closed the nominations. 21 The question is now on the 22 nomination of Henry Lemons, of St. Albans, 23 Queens, New York, as a member of the Board of 24 Parole of the State of New York. All those in 25 favor please indicate by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: Henry Lemons, who 5 is accompanied today by his brother Donald, 6 and who was the recipient of stunning 7 nominations by Senators Adams, Perkins, 8 Montgomery, Nozzolio and Smith, is now hereby 9 confirmed as a member of the Board of Parole 10 of New York State. 11 Congratulations, Mr. Lemons. We 12 hope this is a prelude to the continuation of 13 your outstanding service to law enforcement, 14 corrections and parole. Congratulations. 15 (Applause.) 16 THE PRESIDENT: Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 is there any further business at the desk? 19 THE PRESIDENT: No, there is 20 none, Senator Skelos. 21 SENATOR SKELOS: There being no 22 further business to come before the Senate, I 23 move we stand adjourned until Wednesday, 24 May 2nd, at 11:00 a.m. 25 THE PRESIDENT: The Senate stands

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(518) 371-8910 1 adjourned until Wednesday, May 2nd, at 2 11:00 a.m. 3 (Whereupon, at 4:19 p.m., the 4 Senate adjourned.) 5 6 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