Tuesday, May 15, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 15, 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 would ask everyone present to 5 please 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: In 10 the absence of clergy, may we take a moment of 11 silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Monday, May 14, the Senate met pursuant to 18 adjournment. The Journal of Sunday, May 13, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Fuschillo, why do you rise? 8 SENATOR FUSCHILLO: Mr. 9 President, on behalf of Senator Larkin, on 10 page number 11 I offer the following 11 amendments to Calendar Number 27, Senate Print 12 Number 224A, and ask that said bill retain its 13 place on Third Reading Calendar. 14 ACTING PRESIDENT MARCELLINO: The 15 amendments are received and adopted, and the 16 bill will retain its place on the Third 17 Reading Calendar. 18 SENATOR FUSCHILLO: On behalf of 19 Senator Larkin, on page number 39 I offer the 20 following amendments to Calendar Number 773, 21 Senate Print Number 4040, and ask that said 22 bill retain its place on Third Reading 23 Calendar. 24 ACTING PRESIDENT MARCELLINO: The 25 amendments are received and adopted, and the

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(518) 371-8910 1 bill will retain its place on the Third 2 Reading Calendar. 3 Thank you, Senator Fuschillo. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 are there any substitutions at the desk? If 7 we could make them at this time. 8 ACTING PRESIDENT MARCELLINO: 9 Yes, there are, Senator. 10 The Secretary will read. 11 THE SECRETARY: On page 26, 12 Senator Little moves to discharge, from the 13 Committee on Health, Assembly Bill Number 2377 14 and substitute it for the identical Senate 15 Bill Number 1247, Third Reading Calendar 508. 16 On page 43, Senator Robach moves to 17 discharge, from the Committee on Judiciary, 18 Assembly Bill Number 3386 and substitute it 19 for the identical Senate Bill Number 1922, 20 Third Reading Calendar 833. 21 And on page 43, Senator DeFrancisco 22 moves to discharge, from the Committee on 23 Judiciary, Assembly Bill Number 7376 and 24 substitute it for the identical Senate Bill 25 Number 4210, Third Reading Calendar 835.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 substitutions are approved. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could adopt the Resolution Calendar, 6 with the exception of Resolutions 2155 and 7 2260. 8 ACTING PRESIDENT MARCELLINO: All 9 in fave of adopting the Resolution Calendar, 10 with the exception of Resolutions 2155 and 11 2260, 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 Calendar is adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could take up Resolution 2155, by 21 Senator Griffo, have it read in its entirety, 22 move for its immediate adoption. And if you 23 would then recognize Senator Griffo. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will read.

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(518) 371-8910 1 THE SECRETARY: By Senator 2 Griffo, Legislative Resolution Number 2155, 3 congratulating the Mohawk Valley Community 4 College Women's Basketball Team and Coach 5 Bobby Allison on its outstanding 2006-2007 6 season. 7 "WHEREAS, It is the sense of this 8 Legislative Body to pay tribute to those 9 exemplary teams that have distinguished 10 themselves through notable achievements and 11 representing the great Empire State with pride 12 and determination; and 13 "WHEREAS, Attendant to such 14 concern, and in full accord with its 15 long-standing traditions, this Legislative 16 Body is justly proud to congratulate the 17 Mohawk Valley Community College Women's 18 Basketball Team and Coach Bobby Allison on its 19 outstanding 2006-2007 season; and 20 "WHEREAS, For the second 21 consecutive year, the Mohawk Valley Community 22 College Hawks Women's Basketball Team were the 23 runners up in National Junior College Athletic 24 Association Division III and won the 25 District A and Region III tournaments for the

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(518) 371-8910 1 third year in a row, as well as four of the 2 last five years; and 3 "WHEREAS, The Hawks also won the 4 Mountain Valley Conference for the fourth 5 straight year and currently have won 84 6 consecutive regular season games and 43 7 consecutive home games; and 8 "WHEREAS, The athletic talent 9 displayed by this team is due in great part to 10 the efforts of Coach Bobby Allison and his 11 team of outstanding assistant coaches, skilled 12 and inspirational tutors who have done a 13 superb job in guiding, molding and inspiring 14 the team members toward their goals; and 15 "WHEREAS, The hallmarks of the 16 Mohawk Valley Community College Women's 17 Basketball Team during the 2006-2007 season 18 were a sisterhood of athletic ability, of good 19 sportsmanship, of honor and of scholarship, 20 demonstrating that these team players are 21 second to none; and 22 "WHEREAS, Sports competition 23 instills the values of teamwork, pride and 24 accomplishment, and Coach Bobby Allison and 25 the outstanding athletes on the Mohawk Valley

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(518) 371-8910 1 Community College Women's Basketball Team have 2 clearly made a contribution to the spirit of 3 excellence which is a tradition of their 4 school; now, therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to 7 congratulate the Mohawk Valley Community 8 College Women's Basketball Team, its 9 members -- Sarah Bushey, Shantel Dunston, 10 Cassandra Fiorillo, Tekesha Hanson, Jessica 11 Jenkins, Manda Lynch, Christina Mann, Chalonda 12 McElveen, Ikuyo Morito, Shanai Norman, Jessica 13 Reynoso, Cara Rowlands, Leah VanVoorhis and 14 Amanda Wilsey -- Assistant Coaches Crystal 15 Bass, Tom Torchia and Mike Fanelli, and Coach 16 Bobby Allison upon the occasion of capturing 17 the 2006 NJCAA championship; and be it further 18 "RESOLVED, That copies of this 19 resolution, suitably engrossed, be transmitted 20 to the Mohawk Valley Community College Women's 21 Basketball Team and to Coach Bobby Allison." 22 ACTING PRESIDENT MARCELLINO: On 23 the resolution, Senator Griffo. 24 And if we could have some order in 25 the chamber, please. If you would take your

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(518) 371-8910 1 conversations outside. Staff take your seats. 2 Thank you. 3 Senator Griffo. 4 SENATOR GRIFFO: Thank you, 5 Mr. President. 6 Today we are joined by a group of 7 these outstanding student athletes who have 8 really done some significant and great things 9 over the last several years, not only as 10 athletes. As we discussed specifically the 11 achievements, the Region III tournament really 12 is equivalent to an entire state championship 13 in this play for community colleges, and the 14 District A is the Northeastern championship. 15 So truly they have excelled across the entire 16 Northeast in winning that championship as well 17 as finishing second in the nation over the 18 last couple of years. 19 They're a group of student athletes 20 that come from all over New York State -- I 21 believe Staten Island, Brooklyn as well as 22 Oneida County and Queens, many of the towns 23 and villages of Oneida County -- where Mohawk 24 Valley Community College is located, in the 25 city of Utica -- as well as one from Vermont.

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(518) 371-8910 1 We have an export from the state of Vermont 2 who chose to come to New York. 3 So I sincerely appreciate Coach 4 Bobby Allison, who is here along with 5 Assistant Coach Tommy Torchia, who are both 6 here, who have served together over the last 7 four to five years. And today we want to 8 express our appreciation for them because they 9 are not only, as I said, outstanding athletes 10 but they are exceptional individuals. 11 I think they really epitomize what 12 is good about our community and young people. 13 They're all aspiring to continue their 14 education to a four-year school. They all 15 have a number of interesting pursuits and 16 possible majors that they are considering, 17 eventually to join the workforce. 18 So today we want to pay tribute to 19 not only to your outstanding athletic success 20 and, coaches, for the outstanding work you 21 have done in bringing this team together and 22 teaching them a lot of things beyond athletic 23 prowess, today we want to also recognize how 24 you have really done well academically but, 25 more importantly, how you have really proven

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(518) 371-8910 1 to the community that we represent, as well as 2 across this state and Northeast, how you can 3 be exceptional role models for young people to 4 follow. 5 So I congratulate you, compliment 6 you, and wish you the best of luck as you 7 continue your education and ultimately you 8 pursue professions in whatever you may choose. 9 Congratulations and best wishes. 10 ACTING PRESIDENT MARCELLINO: On 11 the resolution, Senator Farley. 12 SENATOR FARLEY: Thank you, 13 Mr. President. 14 Senator Griffo, let me congratulate 15 you on honoring this outstanding team. I am a 16 graduate of Mohawk Valley Community College. 17 I didn't play on any of the girls' basketball 18 teams, but they never won any great 19 championships like you have. 20 I'm so proud of that school and 21 what it has accomplished. I'm proud of you. 22 And let me just say congratulations. Senator 23 Griffo said it all: You are not only a credit 24 to your school, but you're a credit to your 25 families and yourself with what you've

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(518) 371-8910 1 accomplished. Great things will come of what 2 you have done. 3 And to the coaches, 4 congratulations. That's quite an 5 accomplishment. 6 And I'm very, very proud to support 7 this resolution. 8 ACTING PRESIDENT MARCELLINO: The 9 question is on the resolution. All in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT MARCELLINO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT MARCELLINO: The 16 resolution is adopted. 17 Senator Skelos. 18 SENATOR SKELOS: We welcome you 19 to the gallery. Would you please stand up? 20 (Applause.) 21 SENATOR SKELOS: Mr. President, 22 Resolution 2260, by Senator Larkin, is at the 23 desk. If we could have it read in its 24 entirety, move for its immediate adoption, and 25 open it up for sponsorship.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Larkin, Legislative Resolution Number 2260, 5 memorializing Governor Eliot Spitzer to 6 proclaim May 2007 as Military Appreciation 7 Month in New York State in conjunction with 8 National Military Appreciation Month. 9 "WHEREAS, Many citizens of the 10 great State of New York honored this country 11 by serving valiantly in the United States 12 Armed Forces and their reserve components; and 13 "WHEREAS, Residents of this state 14 can never forget the courageousness with which 15 these servicemen and women fought and provided 16 essential services on battlefields, in 17 jungles, in the air and at sea; and 18 "WHEREAS, The Legislature of the 19 State of New York is justly proud of its 20 commitment to those in the military who served 21 in the time of active conflict and in times of 22 peace. It is the sense of this Legislative 23 Body to memorialize Governor Eliot Spitzer to 24 proclaim May 2007 as Military Appreciation 25 Month in New York State in conjunction with

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(518) 371-8910 1 National Military Appreciation Month; and 2 "WHEREAS, National Military 3 Appreciation Month, as designated by Congress, 4 provides a period of encompassing both the 5 history and recognition of our armed forces 6 with an in-depth look at the diversity of its 7 individuals and achievements; and 8 "WHEREAS, National Military 9 Appreciation Month allows New Yorkers to 10 educate each generation on the historical 11 impact of our military through the 12 participation of the community with those who 13 serve, encouraging patriotism and love for 14 America; and 15 "WHEREAS, The month of May gives 16 the nation and state a forum, a framework, a 17 time and place on which to focus, to draw 18 attention and express our appreciation for our 19 armed forces and to recall our history; and 20 WHEREAS, May 2007, National 21 Military Appreciation Month, includes VE Day, 22 Military Spouse Day, Loyalty Day, Armed Forces 23 Day, Armed Forces Week, National Day of Prayer 24 and Memorial Day. This important month, 25 therefore, honors those Americans who have

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(518) 371-8910 1 given their lives in the defense of our 2 nation's freedom and the men and women now 3 serving in uniform; and 4 "WHEREAS, National Military 5 Appreciation Month recognizes those on active 6 duty in all branches of the services, the 7 National Guard and Reserves, military 8 retirees, veterans and all their families; 9 now, therefore, be it 10 "RESOLVED, That this Legislative 11 Body pause in its deliberations to most 12 gratefully acknowledge the servicemen and 13 women, veterans, military retirees and all 14 their families, and respectfully memorialize 15 Governor Eliot Spitzer to proclaim May 2007 as 16 Military Appreciation Month in the State of 17 New York in conjunction with National Military 18 Appreciation Month; and be it further 19 "RESOLVED, That a copy of this 20 resolution, suitably engrossed, be transmitted 21 to the Honorable Eliot Spitzer, Governor of 22 the State of New York." 23 ACTING PRESIDENT MARCELLINO: On 24 the resolution, Senator Larkin. 25 SENATOR LARKIN: Thank you,

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(518) 371-8910 1 Mr. President. 2 May, since the year 1990, always 3 included an Armed Forces Day. This last year 4 all the military organizations, both active 5 and retired, Guard and Reserves, all stated 6 that there was something special about our 7 armed forces. And that we hear all the 8 stories about "I support the troops." Well, 9 you know, unless you've really been there, you 10 really don't know what you're supporting. 11 But I think it's something that we 12 must take a step back and recognize the fact 13 that without the support of our armed forces, 14 those that are engaged in combat today, those 15 that were there before, we stand up and we say 16 something about them. 17 And we tell our young people in the 18 gallery here we're talking about the young men 19 and women who have left our shores during 20 World War I, World War II, Korea, Vietnam, 21 Kosovo, Serbia, Gulf I, now Gulf II, and other 22 places where our men and women have served. 23 Served for a great reason, because they love 24 America. And they want to make America safe 25 so each and every one of you up there, and the

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(518) 371-8910 1 members in this gallery down here, can 2 understand and give attention to what our 3 military has done and provided us. 4 It's a along way from talking, but 5 it's a short distance to say thank you. Every 6 one of you ever see a man, a woman in uniform 7 or with identification that they've served in 8 our armed forces, you ought to walk up to them 9 and say thank you. Thank you for your service 10 to our country, thank you for making America 11 safe so that we can all enjoy the life that we 12 had hoped for. 13 National Military Appreciation 14 Month is something that I think we ought to 15 make sure that our media knows about it. 16 Whether they'll print it or not is a horse of 17 a different color. But I think that we have a 18 responsibility to go back out and make sure 19 that people understand what they've done. 20 Read the resolution. It says very 21 clearly that we're thankful for what they have 22 done for us. Mr. President, I think it's a 23 very noble gesture that we've done, supported 24 by the Majority Leader. And I think that the 25 people in the gallery should know the Majority

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(518) 371-8910 1 Leader of this house served in combat in '52 2 and '53 with the 30th Infantry Regiment, the 3 25th Infantry Division in Korea. And look 4 what he became: the Majority Leader of this 5 great house. 6 Thank you for being here this 7 afternoon. And thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Larkin. 10 On the resolution, Senator 11 Fuschillo. 12 SENATOR FUSCHILLO: Thank you 13 very much, Mr. President. 14 I just want to rise and compliment 15 Senator Larkin for this resolution that we 16 passed today and his steadfast support of the 17 military. A just recognition, Senator Larkin. 18 And you mentioned the children up 19 there. I want to recognize the kids on the 20 left, who are from my hometown elementary 21 school, where my children attend and still one 22 attends, from Chatterton Elementary School, 23 who won first prize in the "I Am a Green 24 Nation." 25 I salute the kids, and I welcome

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(518) 371-8910 1 you to the Capitol and welcome you to the 2 Senate chambers. I hope you enjoyed your day. 3 Thank you, Senator Larkin. 4 ACTING PRESIDENT MARCELLINO: On 5 the resolution, Senator Leibell. 6 SENATOR LEIBELL: Thank you, 7 Mr. President. 8 I want to join with Senator Larkin 9 in commenting on this resolution. We will, 10 especially in the next few weeks, take some 11 time to pause, as we should throughout the 12 year, to think about those who have served in 13 the military. It's particularly apropos 14 today, as we have hundreds of thousands of 15 young Americans, young men and young women who 16 are in harm's way around the world, in active 17 combat in the Middle East and in Afghanistan. 18 And beyond that, there are many 19 hundreds of thousands who serve in other 20 places, many of them in squadrons and ships at 21 sea, on distant bases -- not in combat zones, 22 but certainly very difficult. 23 You know, our military, we take our 24 young people and we take them away from home, 25 they volunteer to serve but they do it under

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(518) 371-8910 1 difficult circumstances, in the vast majority 2 of cases away from their families, their 3 communities and their friends. So it's 4 important that we pause to thank them, as we 5 should every day of the year, for the services 6 they have rendered. 7 I can tell you that as chairman of 8 the committee that represents veterans, I'm 9 particularly proud to stand here and say what 10 a great, great presence we have from the 11 American military. We look forward to 12 honoring our veterans, and we look forward to 13 thanking them as they come home to a grateful 14 nation. 15 Thank you. 16 ACTING PRESIDENT MARCELLINO: 17 Thank you, Senator Leibell. 18 Senator Padavan. 19 SENATOR PADAVAN: Thank you, 20 Mr. President. 21 This resolution highlights and 22 focuses on participation of the National Guard 23 and the Reserves, which is part of our 24 tradition that goes back to Bunker Hill and 25 Concord, the Minute Men of their day. The

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(518) 371-8910 1 Minute Men of this day, and women, are serving 2 all over the world. 3 The unit that I was honored to 4 serve in and command at one time is now in 5 Iraq for the second time -- we pray they'll 6 all return -- all reservists from the 7 metropolitan New York City area and some of 8 its component units from as far north as 9 Watertown and places like Kingston, the 411 10 Engineer Brigade. 11 They and their National Guard 12 counterparts are doing the job that has to be 13 done, because there's no one else to do it. 14 Without them, our effectiveness in any theater 15 of operation -- and certainly it's true in 16 Afghanistan and Iraq -- would be diminished. 17 They are essential to our national defense. 18 So when we introduce the 19 legislation, I'm grateful to Senator Larkin 20 for having done so, acknowledging the 21 contribution these brave men and women have 22 made and continue to make, I stand in support 23 of that resolution. 24 And as I look around this chamber, 25 there are many individuals who served their

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(518) 371-8910 1 country, retired from many different 2 branches -- Senator Leibell in the Army -- the 3 Navy, excuse me. I thought he'd catch me, but 4 he didn't. Senator Larkin, the Army. Myself 5 in the Army, Senator Maltese in the military, 6 the Army. And I'm sure there are many others 7 here who have served their country various 8 times in their lives and are here serving 9 their state and their communities as citizen 10 soldiers. 11 So, Mr. President, I thank again 12 Senator Larkin for presenting this resolution 13 to us and indicate my strong and enthusiastic 14 support. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator Padavan. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if I could just interrupt for a moment, there 20 will be an immediate meeting of the Rules 21 Committee in the Majority Conference Room. 22 ACTING PRESIDENT MARCELLINO: 23 There will be an immediate meeting of the 24 Rules Committee in the Majority Conference 25 Room. That's Room 332.

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(518) 371-8910 1 We'll continue on the resolution. 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President. 5 I rise with great enthusiasm to 6 support this resolution and thank its sponsors 7 for calling attention to this body the 8 wonderful sacrifices of our brave men and 9 women who are serving in the armed forces. 10 Later today we will be considering 11 legislation to create a memorial to the fallen 12 veteran, a veteran who contributed to their 13 nation, but this memorial to be a fitting 14 memorial in the county of the birthplace of 15 Memorial Day. That is Waterloo, New York, the 16 federally designated birthplace of Memorial 17 Day, truly a national day, but one that I am 18 very proud of the Waterloo community. 19 This veterans cemetery, a place 20 where over 400,000 sailors and airmen trained 21 to participate in World War II and Korea, is a 22 hallowed ground, a ground that they shed their 23 blood, in many cases not to return. 24 That I very much support this 25 resolution and say thank you to our armed

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(518) 371-8910 1 forces. We cannot do enough to support their 2 efforts. We will continue to strive to 3 support them and thank them for providing us 4 with the freedom that we enjoy here in this 5 great democracy in New York State. 6 Thank you, Mr. President. It's a 7 wonderful resolution. I fully support it. 8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator Nozzolio. 10 Senator Morahan, on the resolution. 11 SENATOR MORAHAN: Thank you, 12 Mr. President. 13 I rise to thank Senator Larkin for 14 commemorating this day for armed services and 15 asking the Governor to declare the whole week 16 Armed Forces Week in New York. 17 You know, we're unique in that we 18 have three separate days set aside in our 19 calendar across this state. We have Veterans 20 Day in the fall, for those of us who served 21 and returned; we have Memorial Day, which we 22 celebrate very shortly, for those who served 23 but did not return; and Armed Forces Day, 24 which we're celebrating today, really is to 25 say thank you for those who serve currently,

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(518) 371-8910 1 the Guard, the Air Force, the Coast Guard, all 2 of our Army and Marine personnel who were on 3 the frontlines even before Iraq, serving on 4 the Demarcation Zone in Korea, serving around 5 the globe, preventing, serving as a 6 deterrence. 7 So it's those who we thank today, 8 we will thank our veterans in the fall, and we 9 will commemorate and memorialize those who 10 died in the service of their country. Those 11 who went off to serve were kids. They weren't 12 the veterans you see today with the white hair 13 or the bowed back. They were kids who served 14 in delicatessens, they served in restaurants, 15 they served in the hardware store. They took 16 off their smocks, if you will, and went to the 17 aid of their country, some never to come back. 18 So I think it's fitting to tell 19 those who stand guard today across this globe 20 and around the globe that we thank you for 21 protecting us, we thank you for defending our 22 way of life, we thank you for protecting this 23 greatest and safest nation in the world -- 24 safest primarily because of them -- this 25 nation of laws.

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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator Morahan. 4 The resolution, at the request of 5 the sponsor, has been opened to all who wish 6 to be on it. If anyone wishes not to be on 7 it, just let us know at the chair. 8 On the resolution, all in favor 9 signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 resolution is passed. 16 Senator Wright. 17 SENATOR WRIGHT: Mr. President, 18 may we go to the noncontroversial reading of 19 the calendar. 20 ACTING PRESIDENT MARCELLINO: The 21 Secretary will read. 22 Senator Wright. 23 SENATOR WRIGHT: Mr. President, 24 while we're waiting, could we move to the 25 report of the Rules Committee, please.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will read the report of the Rules 3 Committee, which is at the desk. 4 THE SECRETARY: Senator Bruno, 5 from the Committee on Rules, reports the 6 following bill direct to third reading: 7 Senate Print 5490A, by Senator 8 Marcellino, an act relating to limited 9 exemptions. 10 SENATOR WRIGHT: I move to accept 11 the report of the Rules Committee. 12 ACTING PRESIDENT MARCELLINO: All 13 in favor signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MARCELLINO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MARCELLINO: The 19 report of the Rules Committee is accepted. 20 SENATOR WRIGHT: Mr. President, 21 now may we go to the calendar. 22 ACTING PRESIDENT MARCELLINO: 23 Yes. The Secretary will conduct the 24 noncontroversial reading of the calendar. 25 SENATOR WRIGHT: Thank you.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 You're welcome. 3 THE SECRETARY: Calendar Number 4 84, by Senator Maziarz, Senate Print 1616, an 5 act to amend the Labor Law and others, in 6 relation to prohibiting municipalities. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section, please. 9 THE SECRETARY: Section 8. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. Nays, 15 1. Senator DeFrancisco recorded in the 16 negative. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 485, by Senator Maltese, Senate Print 4249, an 21 act to amend the Labor Law and the Education 22 Law, in relation to prohibiting public 23 universities. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 7. 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. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 508, substituted earlier today by Member of 11 the Assembly Sayward, Assembly Print Number 12 2377, an act to authorize certain healthcare 13 professionals. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect July 18, 2007. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 522, by Senator Golden, Senate Print 3440A, an

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(518) 371-8910 1 act to amend the Civil Rights Law, in relation 2 to prohibiting certain felons. 3 ACTING PRESIDENT MARCELLINO: 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, 60. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 642, by Senator Libous, Senate Print -- 15 SENATOR DUANE: Lay it aside, 16 please. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 657, by Senator Volker, Senate Print 4295, an 21 act to amend the Penal Law and the Criminal 22 Procedure Law, in relation to creating the 23 crimes of electronic stalking. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section, please.

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(518) 371-8910 1 THE SECRETARY: Section 9. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 690, by Senator Maltese, Senate Print 4472, an 12 act to amend the Labor Law and the State 13 Finance Law, in relation to September 11th 14 bidders registry. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 4. 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, 60. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 691, by Senator Maltese, Senate Print 4473, an 2 act to amend the Labor Law, in relation to 3 requiring the special task force on the 4 apparel industry. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. 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, 60. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 693, by Senator Maltese -- 17 SENATOR DUANE: Lay it aside, 18 please. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 695, by Senator Robach, Senate Print 4828, an 23 act to amend the Workers' Compensation Law, in 24 relation to presumption. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 704, by Senator Seward, Senate Print 4074, an 12 act to amend the Insurance Law, in relation to 13 reporting on insurance agent licensing exams. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 120th day. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 755, by Senator Fuschillo, Senate Print 5050,

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(518) 371-8910 1 an act to amend the General Business Law, in 2 relation to creating a consumer bill of 3 rights. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of January 8 next succeeding. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 768, by Senator Griffo, Senate Print 2594, an 17 act to amend the Highway Law, in relation to 18 correcting the designation. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 3. 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, 60. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 781, by Senator Robach, Senate Print 5287 -- 6 SENATOR SKELOS: Lay it aside for 7 the day, please. 8 ACTING PRESIDENT MARCELLINO: Lay 9 the bill aside for the day. 10 THE SECRETARY: Calendar Number 11 806, by Senator Fuschillo, Senate Print 3541, 12 an act to authorize Hands Across Long Island, 13 Inc. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. Nays, 22 2. Senators Bonacic and Larkin recorded in 23 the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 808, by Senator Saland, Senate Print 4132, an 3 act to authorize the Hudson Veterans of 4 Foreign Wars Post 1314 to file an application. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section, please. 7 THE SECRETARY: Section 2. 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, 60. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 831, by Senator DeFrancisco, Senate Print 17 1479, an act to amend the General Obligations 18 Law, in relation to statutory short form 19 power. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first of January. 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, 60. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 833, substituted earlier by Member of the 7 Assembly Heastie, Assembly Print Number 3386, 8 an act to amend the Real Property Law, the 9 Criminal Procedure Law and the Family Court 10 Act. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section, please. 13 THE SECRETARY: Section 7. This 14 act shall take effect on the 60th day. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 835, substituted earlier today by Member of 23 the Assembly Weinstein, Assembly Print 24 Number -- 25 SENATOR SKELOS: Lay it aside for

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(518) 371-8910 1 the day, please. 2 ACTING PRESIDENT MARCELLINO: Lay 3 the bill aside for the day. 4 THE SECRETARY: Calendar Number 5 837, by Senator Lanza, Senate Print 4260, an 6 act to amend the Lien Law, in relation to the 7 sale of property. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 840, by Senator DeFrancisco, Senate Print 20 4780, an act to amend the Family Court Act, in 21 relation to acknowledging. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 90th day.

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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, 60. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 856, by Senator Nozzolio, Senate Print 3756, 9 an act authorizing the Commissioner of General 10 Services. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section, please. 13 THE SECRETARY: Section 5. 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, 60. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 Senator Skelos, that completes the 22 noncontroversial reading of the calendar. 23 SENATOR SKELOS: Thank you, 24 Mr. President. 25 Calendar Number 693, by Senator

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(518) 371-8910 1 Maltese, if we could lay that aside for the 2 day. 3 ACTING PRESIDENT MARCELLINO: 4 That bill will be laid aside for the day. 5 SENATOR SKELOS: And if we could 6 go to the controversial reading of the 7 calendar, Calendar Number 642, by Senator 8 Libous. 9 SENATOR CRAIG JOHNSON: 10 Explanation. 11 ACTING PRESIDENT MARCELLINO: Can 12 we have the bells rung, please. Let the 13 members know. 14 THE SECRETARY: Calendar Number 15 642, by Senator Libous, Senate Print 2146, an 16 act to amend the Penal Law. 17 SENATOR CRAIG JOHNSON: 18 Explanation, please. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Libous, an explanation has been 21 requested by Senator Johnson. Senator C. 22 Johnson, for the record. 23 SENATOR LIBOUS: Thank you, Mr. 24 President. 25 This bill deals with large

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(518) 371-8910 1 quantities of alcohol. And we pass it 2 unanimously every year at this time. And what 3 it does is it deals with those unfortunate 4 situations that are going to occur again this 5 year where someone purchases large quantities 6 of alcohol for minors and a party will take 7 place either at someone's home or somewhere in 8 a field or in a backyard, and one of those 9 minors is going to either take their own life 10 or take the life of someone else. 11 So, Mr. President, this bill deals 12 with that issue. It makes a tougher penalties 13 on the individual who purchases the large 14 quantities. And the large quantities are 15 outlined in the bill. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Craig Johnson, why do you rise? 18 SENATOR CRAIG JOHNSON: Will the 19 sponsor yield for a question, Mr. President. 20 SENATOR LIBOUS: I will, 21 Mr. President. Thank you. 22 ACTING PRESIDENT MARCELLINO: The 23 Senator yields. 24 SENATOR CRAIG JOHNSON: Thank 25 you, Mr. President.

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(518) 371-8910 1 Mr. President, my first question 2 is, why aren't persons under the age of 21 not 3 liable under this law? There are instances of 4 persons under 21 using a fake ID who purchase 5 or make available or aid in the procurement of 6 alcoholic beverages of this size. 7 So my question again is, why don't 8 we include persons under the age of 21 for 9 this bill? 10 SENATOR LIBOUS: Mr. President, I 11 think the simple answer is that it's illegal 12 for them to purchase now. This bill deals 13 with those of legal age who are purchasing and 14 providing to minors. 15 SENATOR CRAIG JOHNSON: Will the 16 sponsor continue to yield for a question? 17 SENATOR LIBOUS: I will, 18 Mr. President. 19 ACTING PRESIDENT MARCELLINO: The 20 Senator yields. 21 SENATOR CRAIG JOHNSON: Could the 22 sponsor define or explain what the term he 23 means by "make available"? 24 SENATOR LIBOUS: Make available? 25 SENATOR CRAIG JOHNSON: Make

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(518) 371-8910 1 available. 2 SENATOR LIBOUS: Well, "make 3 available" I think is spelled out, 4 Mr. President, in the bill. And basically, if 5 an adult over the age of 21 purchases 6 beverages and he makes those beverages 7 available in the quantities that are outlined 8 here to minors, "making available" would be 9 providing, making available. 10 SENATOR CRAIG JOHNSON: Mr. 11 President, will the sponsor continue to yield 12 for a question? 13 SENATOR LIBOUS: I will, 14 Mr. President. 15 ACTING PRESIDENT MARCELLINO: The 16 sponsor yields. 17 SENATOR CRAIG JOHNSON: I don't 18 think that really answered it. What I'm 19 trying to get an understanding of is -- and I 20 don't want to play law professor and give 21 hypotheticals. 22 But does "make available" mean that 23 if a person's home is opened up and that adult 24 has three liters of liquor and their child 25 gets the liquor, takes it out and puts it into

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(518) 371-8910 1 a field, has that parent or that guardian made 2 that liquor available to be prosecuted for an 3 E felony under this law? 4 SENATOR LIBOUS: That is not the 5 intent of the law, Mr. President. 6 SENATOR CRAIG JOHNSON: Okay. So 7 will the sponsor continue to yield for a 8 question? 9 I'm not trying to be picky, but I 10 think it's important that we understand what 11 the definition is of "make available" other 12 than just trying to get a sense of it's made 13 available. 14 I think it's very important because 15 my understanding of the law is that the law 16 right now could be endangering the welfare of 17 a child, which is a Class A misdemeanor. Now, 18 this is a new law, and it's got great intent. 19 But I think we need to be crystal clear for 20 our prosecutors as to how they can use this 21 statute. So I'm trying to be very careful in 22 establishing what "make available" is. 23 So with respect to you, Senator 24 Libous, I don't think your explanation of what 25 "make available" is is adequate.

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(518) 371-8910 1 But my next question is, can you 2 also tell me what "aid in the procurement" of 3 alcohol is? 4 SENATOR LIBOUS: Well, 5 Mr. President, I think -- 6 ACTING PRESIDENT MARCELLINO: Can 7 you hold on, Senator. 8 Can we have some order in the 9 house, please? Thank you. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 Let me try to help Senator Johnson 13 here. This bill was written, I think, pretty 14 plainly. "Procurement" means to purchase and 15 provide the alcohol to minors. He obviously, 16 Mr. President, is doing his own legal 17 interpretation, which I certainly respect and 18 he's entitled to. 19 But I think it's fairly clear that 20 what this bill spells out, quite frankly, is 21 that if an individual who is over the age of 22 21 purchases the amounts of alcohol and 23 provides that alcohol to minors that are 24 spelled out in the bill, that it's fairly 25 clear that it would be illegal and it would be

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(518) 371-8910 1 a Class E felony. 2 You know, there are no distinctions 3 for volume. And that the result, that the 4 same property applies to a person if they 5 provide a 12-ounce beer or a 16-gallon keg to 6 a person under 21 years of age. So I think 7 the bill is very clear. 8 And I certainly respect that 9 Mr. Johnson has his own legal interpretation, 10 but I would suggest that if we asked all the 11 lawyers in this chamber to get together and 12 read it, they probably all would give us their 13 own interpretation, as Mr. Johnson is. 14 SENATOR CRAIG JOHNSON: Will 15 sponsor continue to yield to a question? 16 SENATOR LIBOUS: I will do so. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Libous yields. 19 SENATOR CRAIG JOHNSON: Thank 20 you. 21 I think that's important. But as 22 some of us lawyers understand, when we look at 23 law, we go to legislative history. And when 24 we look at legislative history, they will have 25 an opportunity to look at debate. So I'm just

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(518) 371-8910 1 trying to make the record clear, because the 2 intent is a great intent. 3 So again, I repeat my question, is 4 what constitutes "aid in the procurement"? I 5 can give examples or I can give a 6 hypothetical. If a person over the age of 21 7 lends a car to somebody who's over 21 who goes 8 out and purchases a keg, a keg of beer that 9 has to be transported, has that person who 10 provided the motor vehicle aided in the 11 procurement of the keg of beer? 12 SENATOR LIBOUS: Mr. President, 13 could I ask Mr. Johnson a question? 14 ACTING PRESIDENT MARCELLINO: If 15 Mr. Johnson will yield. 16 SENATOR CRAIG JOHNSON: I'll be 17 glad to yield, on the proviso that Senator 18 Libous will also answer my question. 19 ACTING PRESIDENT MARCELLINO: I'm 20 sure you'll mutually answer each other's 21 questions. 22 SENATOR CRAIG JOHNSON: 23 Absolutely. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Libous.

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(518) 371-8910 1 SENATOR LIBOUS: Senator, what 2 words would you prefer to use? 3 SENATOR CRAIG JOHNSON: Well, I 4 think what's important is to sit down and 5 carefully craft a statute. Perhaps the word 6 "knowingly" would be an appropriate adverb to 7 add into the statute. That way if someone 8 knowingly sells or knowingly aids in the 9 procurement, that would be a great word. 10 But the problem is I don't know 11 what "aid in the procurement" is. I don't 12 know what we're trying to intend to do. I 13 understand that we're trying to prevent the 14 situation of somebody over 21 going out and 15 buying the keg. Great. I understand the 16 situation of giving the keg. Great. But the 17 fact is is that I'm trying to tighten the law. 18 And so what I'm trying to just get 19 an understanding of is, before we pass the 20 law, we should understand what the words are 21 meaning. So certainly the word "knowingly" 22 would be important. 23 But again, going back to the 24 question, is what is "aids in the 25 procurement"? And, which really hasn't been

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(518) 371-8910 1 answered, what is "makes available"? 2 SENATOR LIBOUS: Mr. President, I 3 think the bill is clear, and I'm not going to 4 sit here and debate words with Senator 5 Johnson. 6 This bill has passed this house on 7 numerous occasions unanimously. And I think 8 it speaks for itself, and it's pretty simple. 9 Simplistically, it's that if 10 someone over the age of 21 purchases a large 11 quantity of alcohol is they procure the 12 alcohol, they provide to minors, and there are 13 incidents that take place. 14 Now, that's how they understand it 15 in my district. I'm not sure they understand 16 it that way in Senator Johnson's. But I think 17 the bill speaks for itself, and I'm not going 18 to sit here and nitpick and debate over how a 19 bill is drafted or whether the bill drafter or 20 the legal counsel who aided the bill drafter 21 used the right words. 22 SENATOR CRAIG JOHNSON: Will the 23 sponsor continue to yield for a question? 24 SENATOR LIBOUS: No, 25 Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 Senator does not yield, Senator. 3 Senator Duane, why do you rise, 4 sir? 5 SENATOR DUANE: Thank you, 6 Mr. President. Will Senator Johnson yield, 7 please. 8 SENATOR CRAIG JOHNSON: I will 9 gladly yield. 10 ACTING PRESIDENT MARCELLINO: He 11 will yield, Senator. 12 SENATOR DUANE: Thank you, 13 Mr. President. 14 I'm wondering what the good 15 Senator -- what is the issue which he's trying 16 to bring forward to us that this bill may or 17 may not be addressing. 18 SENATOR CRAIG JOHNSON: I'm 19 trying to strengthen the law of a problem 20 that's not only focusing upon high schools but 21 also colleges and universities. 22 My problem is is that I think that, 23 first of all, the bill, while the intent has 24 tremendous amounts of merit, also contains 25 real loopholes that aren't really even

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(518) 371-8910 1 addressed. And my questions to the sponsor 2 would have probably brought this out. 3 For instance, why do we put in the 4 provision of the phrase "within a 24-hour 5 period of procuring the liquor"? Now, I 6 understand with a keg of beer maybe there's an 7 issue of refrigerating it. But if you look 8 more in the proposed bill, the bill also 9 covers 3 liters of liquor. 10 There is no reason why there should 11 be a provision of a time frame of within 24 12 hours. Why aren't we punishing or preventing 13 a Class E felony for somebody who's over the 14 age of 21, goes out on a Wednesday and buys 15 three liters of vodka that serves it on a 16 Saturday in a field to a bunch of 17 18-year-olds? Under Senator Libous's bill, 18 that person would not be liable for a Class E 19 felony. 20 In this particular situation, it 21 should be strengthened, because we're trying 22 to prevent binge drinking. We can read 23 countless situations where young men and young 24 women in high school or in college die of 25 alcohol poisoning, alcohol poisoning because

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(518) 371-8910 1 of the drinking of hard liquor. 2 Under this bill, if somebody 3 provided that hard liquor 48 hours or 40 hours 4 or 25 hours prior to this incident, that 5 person, whether they made available or whether 6 they aided in the procurement, would not be 7 liable for the Class E felony. I don't know 8 what they would be liable for. So we have to 9 look at strengthening it. 10 Another thing that's a question 11 that would have been great to ask Senator 12 Libous is trying to understand this 13 affirmative defense. The affirmative defense 14 seems to apply -- 15 SENATOR DUANE: Through you, 16 Mr. President, if the sponsor would continue 17 to yield. 18 ACTING PRESIDENT MARCELLINO: 19 I've got a feeling he'll yield, Senator. 20 SENATOR CRAIG JOHNSON: Oh, I 21 will yield, Mr. President. 22 ACTING PRESIDENT MARCELLINO: He 23 yields. 24 SENATOR DUANE: Suppose Senator 25 Johnson, myself, Senator Stavisky and Senator

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(518) 371-8910 1 Sabini were all sharing a house together. And 2 Senator Krueger, but she'd have to be in the 3 basement. Or the attic. 4 (Laughter.) 5 ACTING PRESIDENT MARCELLINO: 6 Senator Duane, is this germane? 7 SENATOR DUANE: Yes, 8 Mr. President. 9 And suppose, though, we're close to 10 this age. Suppose we were all 20 years old. 11 And suppose Senator Savino -- suppose we 12 brought a keg into the house and invited all 13 of our friends over, of all political 14 persuasions and sexual orientations. 15 And suppose Senator Sabini decided 16 that he wanted to go to a different party 17 because he thought our party -- mistakenly -- 18 was going to be a dud, and something bad 19 happened at the party to someone who none of 20 us knew, wasn't a friend of ours, just 21 happened to walk in. 22 In that scenario, Senator Johnson, 23 would Senator Sabini still be responsible for 24 what happens in our house? 25 SENATOR CRAIG JOHNSON: Under

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(518) 371-8910 1 this law, Mr. President, under this law, the 2 answer is they would not be liable, so to 3 speak, for a Class E felony, or what Senator 4 Libous is trying to address, because of all of 5 them are under the age of 20. And what I see 6 as "makes available," which all four of you 7 made available the keg of beer, you would not 8 be, because you're not over the age of 21. 9 If we eliminated the 21-year-old 10 requirement, you would be liable for a Class E 11 felony. Because, as all of us have attended 12 college, people make liquor available at all 13 ages. And because we're in college, we assume 14 that they are responsible for their actions, 15 and thus we should make them liable for this 16 type of Class E felony. 17 I know it's illegal to purchase 18 liquor under the age of 21, but this bill does 19 not address that, nor is it supposed to. It's 20 selling or making available or aiding in 21 procurement. 22 The intent, which is the right one, 23 is to stop binge drinking of our junior high 24 school students -- because that's where we're 25 seeing it today -- of our high school students

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(518) 371-8910 1 and of our college students. But to do so, we 2 need to fix the proposed legislation in order 3 to address what the problem is. 4 It's not just the 21-year-olds who 5 are procuring it, but it's the 20-year-olds, 6 the 19-year-olds and the 18-year-olds who 7 all -- you know, not all, but who certainly 8 have access to fake IDs. And once they have 9 it and put it into a house, it's now made 10 available. 11 I'd like to see them responsible 12 for their actions. I would hope Senator 13 Libous would want to do that as well, and I'm 14 sure he does. And that's why what we should 15 do is amend this proposal, amend it 16 appropriately, and address it accordingly. 17 SENATOR DUANE: Through you, 18 Mr. President, if Senator Johnson will yield. 19 SENATOR CRAIG JOHNSON: I will 20 yield, Mr. President. 21 ACTING PRESIDENT MARCELLINO: He 22 yields, Senator. 23 SENATOR DUANE: I'm wondering, 24 Senator Johnson, if you would be willing to 25 work with the sponsor of this legislation and

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(518) 371-8910 1 Mothers Against Drunk Driving and other 2 organizations to try to get at the problem, 3 which I understand is the issue of binge 4 drinking among young people as well as the 5 illegal procurement and spreading around of 6 alcoholic beverages. 7 SENATOR CRAIG JOHNSON: 8 Absolutely, Senator. I would be honored to. 9 SENATOR DUANE: Thank you. Thank 10 you, Mr. President. 11 SENATOR CRAIG JOHNSON: On the 12 bill, Mr. President. 13 ACTING PRESIDENT MARCELLINO: 14 Senator Johnson, on the bill. 15 SENATOR CRAIG JOHNSON: Thank 16 you. 17 I support wholeheartedly measures 18 to eliminate binge drinking. I support 19 wholeheartedly measures to protect our young 20 people from the dangers of alcohol when 21 they're under the age of 21. 22 Last Friday I arrived home with my 23 wife, and when we pulled into -- when we were 24 about to pull into our driveway, we saw a 25 police car in our driveway. And as the

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(518) 371-8910 1 parents of a 5-year-old and a 2-year-old, our 2 hearts instantly jumped out, because we 3 thought something had happened to one of our 4 children. 5 When we exited the car we saw a 6 police car in our driveway, but a police car 7 in our neighbor's driveway and two police cars 8 right up the road. A number of police 9 officers on my neighbor's property as well as 10 mine. The police officer who I approached, 11 who I happened to know, instantly calmed me 12 down and said, "Nothing is wrong, it's at your 13 neighbor's house." 14 When I inquired what was going on, 15 he said, very simply: "We've had another high 16 school party. We've had another high school 17 party, we had hundreds of kids out on the 18 property, out in the house, and obviously got 19 the complaints. And we've shown up, and we 20 broke up the party and called all the parents 21 and told them to come over and pick up their 22 kids. 23 "We had kegs inside the house, 24 multiple kegs inside the house, and we're 25 taking steps to address the particular issue.

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(518) 371-8910 1 We're here just making sure there's nobody 2 hiding out in your property or your neighbor's 3 property or this property to restart the party 4 afterwards." 5 The parents were not home; the 6 parents were away for the night. I have no 7 idea who purchased that keg. The boy who 8 lives in that house is 16 years old. I highly 9 doubt that it was a 16-year-old who -- it was 10 a 21-year-old or somebody older who bought him 11 that keg. In all likelihood, and taking a 12 stab, it might have been a senior, somebody 13 who's 18 with a fake ID. Or a senior who went 14 out and purchased the keg who wasn't even 15 ID'd. 16 That person, maybe that 17 18-year-old, maybe that 19-year-old, made that 18 alcohol available, aided in that procurement, 19 and put not just those teenagers at risk but 20 potentially my children at risk, my neighbor's 21 children at risk. Who knows who else if they 22 got into a car. We have all heard the 23 examples of young children who get sick and 24 die when they binge drink, who get into a car 25 and smash it up, kill people, kill themselves,

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(518) 371-8910 1 kill their passengers. 2 We need to stop that. We need to 3 take steps to stop that. And I applaud 4 Senator Libous for taking what appears to be a 5 good first step. The problem is we should 6 really make it not just a first step, but a 7 leap. And it's a leap to stop binge drinking 8 and make the people who set up these 9 situations responsible for binge drinking 10 truly responsible. 11 At the age of 18 you can serve our 12 country proudly in Iraq and Afghanistan. In 13 almost all counties but maybe Nassau County, 14 maybe a couple of other counties, you can 15 actually smoke a cigarette at the age of 18 or 16 legally buy cigarettes. 17 And now what you can also do when 18 you go to college is you can make available or 19 aid in the procurement of kegs of beer, liters 20 of liquor. And yet we don't seem to want to 21 make them responsible when they should be. 22 They should be responsible for the Class E 23 felony that we are making 21-year-olds 24 responsible for. 18- and 19-year-olds, 25 20-year-olds are doing the same exact thing.

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(518) 371-8910 1 And we know they're doing it, because they're 2 doing it in college. 3 And in fact what's interesting is 4 if you look at the bill, what I look at is an 5 affirmative defense, which I think is what we 6 call a fraternity party affirmative defense. 7 And I would have asked Senator Libous to 8 explain the affirmative defense, but I wasn't 9 getting a yield from Senator Libous. 10 But it seems to me we're just 11 taking one step when we should go all the way. 12 I mean, that might sound a little bit harsh. 13 But from a parent, a 36-year-old parent who 14 seeing sees firsthand in his town the 15 consequences of binge drinking, who sees the 16 consequences in college from binge drinking, 17 we should really make those efforts to stop 18 binge drinking and make those persons, whether 19 they're 22 years old or 18 years old, 20 responsible for the same crime. 21 We do it in other instances. We do 22 it in other instances. We make those 23 18-year-olds liable for the same penalties as 24 the 22- and 23-year-olds. So let's do it 25 here. Let's not stop with this bill.

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(518) 371-8910 1 My mere fact about raising these 2 questions that, you know, Senator Libous had 3 difficulty addressing, I regret that. But I'm 4 doing it to protect all of us and to protect 5 our children and to make sure that they are 6 kept safe. 7 So I will vote for this bill. I 8 will because there's nothing else being 9 offered. I will gladly amend it and work with 10 Senator Libous to do that. But it seems to me 11 there may not be a wherewithal to do it. 12 Because I thought that's what we do in debate 13 when we yield and we ask questions, to try and 14 do that. I actually offered a way to do it by 15 offering the word "knowingly." 16 So, Senators, I urge all of us 17 today to really take the step forward of 18 ending binge drinking by our minors, by our 19 college students, and to punish those -- not 20 just adults over the age of 21, but also those 21 under the age of 21 who are just as 22 responsible, who we allow them to be 23 responsible, from doing that. 24 So I thank you, and I will vote 25 yes. Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Thank you. 3 Senator Klein. 4 SENATOR KLEIN: On the bill, 5 Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Klein, on the bill. 8 SENATOR KLEIN: I rise in support 9 of this legislation but agree wholeheartedly 10 with my colleague Senator Craig Johnson. I 11 think he raised some concerns which would have 12 made the intent of this bill much easier to 13 carry out. 14 I do believe this is one aspect of 15 dealing with the problem of underage drinking. 16 Just the other day I read, unfortunately, a 17 very startling fact, that 42 percent of high 18 school juniors drink on a regular basis. So 19 clearly somehow they're still able to get 20 alcohol. 21 I think we need to enhance 22 penalties. I think another aspect is more 23 education about the dangers of underage 24 drinking. But I think one thing we should be 25 dealing with, and it's something that myself

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(518) 371-8910 1 and my colleague Senator Marty Connor 2 raised -- we also attended hearings that the 3 Senate held on this issue -- is really trying 4 to do something about fake or phony IDs. 5 You can go to almost any corner in 6 any town, any city, especially in New York 7 City, and get these phony IDs. There's 8 absolutely no penalty for the individuals who 9 produced these IDs. And I think that's 10 something that we need to look at. 11 Another area which I think is just 12 as effective is legislation that I passed 13 several years ago which created a program in 14 the State of New York which allowed merchants 15 who sell alcohol in bars, or even those who 16 sell cigarettes, to have scanning devices. 17 These scanning devices have become very 18 advanced, where they can instantly spot a 19 phony ID. 20 The legislation I passed years ago 21 only enabled stores to use these on a 22 volunteer basis. I think the time has come to 23 make these machines mandatory. The price has 24 gone down substantially. Originally, when I 25 wrote the law, they were about $2,500, $3,000

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(518) 371-8910 1 per machine, which probably would have been 2 very cumbersome for the local bodega, grocery 3 store, convenience store. Now they're about 4 $800. They're even cheaper if it works in 5 with the computer at your establishment. 6 This I think is really the way to 7 go. I think we have to start cracking down on 8 the phony identifications through these 9 scanning devices. And one of the interesting 10 parts of the scanning devices, it also gives 11 the local bar owner or merchant an affirmative 12 defense if they actually practice due 13 diligence in training their employees on how 14 to use these scanning devices. 15 So while I think the intent of this 16 legislation is a good one, I think we should 17 be dealing with some of the other problems and 18 the way we can correct the problem of underage 19 drinking. 20 I vote yes, Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Padavan, please. 23 SENATOR PADAVAN: Thank you, 24 Mr. President. 25 As I understood the discussion that

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(518) 371-8910 1 we heard earlier, the suggestion was made that 2 a purchaser under the age of 21 should be 3 subjected to the same penalty as someone over 4 21. Is that correct? Just nod yes. 5 SENATOR CRAIG JOHNSON: Yes. 6 SENATOR PADAVAN: Thank you. 7 That's all. 8 Now, as a sponsor of the bill that 9 became law many, many years ago raising the 10 drinking age to 21 -- and we have a report 11 that has a lot of dust on it which I'll be 12 glad to share with you -- there was a great 13 deal, a great deal of debate over a period of 14 time. As a matter of fact, we had to do it in 15 two steps. We raised it to 19 when Governor 16 Carey was here in the Capitol, and then a 17 couple of years later, when Mario Cuomo became 18 governor, we raised it to 21. 19 Why did that happen? Because 20 basically on this side of the aisle, in the 21 main, and a few on this side of the aisle, 22 were very concerned about criminalizing our 23 young people. And when we dealt with the 24 penalty provisions, there was a great deal of 25 discussion and debate that we certainly didn't

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(518) 371-8910 1 want to put our 18-year-olds in jail. And if 2 we made it a felony, we'd have a big part of 3 every college campus in the local hoosegow. A 4 very impractical thought, to say the least. 5 And so that is why the current law 6 does not have the penalty that you would like 7 to see in this new proposal. It has that 8 historical perspective and I think a 9 perspective that is based in reality. 10 Our emphasis was, number one, to go 11 after the person who provided the alcohol to 12 an underage individual, whether it be a bar, a 13 buddy, a friend or whomever. And more 14 recently, we put on the statutes this bill 15 known as the Keg Bill, where these kegs are 16 now registered and you can find out right away 17 where the keg came from. And when the police 18 arrived at that neighbor's home of yours and 19 they had their hands on the keg, they could 20 find out exactly where it was purchased and go 21 back there and find out to whom it was sold, 22 and they could deal with the person who was 23 responsible, or persons. 24 So what Senator Libous is doing is 25 increasing the penalty for the 21-year-old

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(518) 371-8910 1 person. 2 Now, I understand exactly what the 3 bill stands for. An 18-year-old drives into a 4 7/11 parking lot, he's got his buddy who's 21, 5 he goes in there and buys a couple of 6 six-packs, comes back in the car and throws 7 them on the seat, and off they go and party. 8 Pretty clear to me what intent was, who was 21 9 and who wasn't. And then of course the 10 18-year-old, as all too often happens, gets 11 drunk and crashes his car, hurts or kills 12 himself or somebody else. That's what this is 13 all about. 14 So we can quibble about definitions 15 and words and do all that, but I think any 16 intelligent jurist, any intelligent judge, any 17 person who's a prosecutor, anybody in any area 18 of involvement in this complex issue would 19 understand specifically and precisely what the 20 intent of this legislation is. 21 I also agree with Senator Klein. 22 He's absolutely right, the availability of 23 forged and fake IDs is pervasive. And how we 24 can crack down on that and do serious harm to 25 those who sell those IDs is an issue that

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(518) 371-8910 1 certainly bears an awful lot of attention. 2 So again, Senator Libous, I thank 3 you for introducing this bill and making that 4 old law even better. 5 ACTING PRESIDENT MARCELLINO: Any 6 other Senator wishing to be heard? 7 Seeing none, can we please the ring 8 the bells, make sure everybody is in their 9 seats. 10 Read the last section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first day of 13 November. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MARCELLINO: 18 Senator Libous, to explain his vote. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 I actually didn't expect all the 22 excitement over this bill, because I thought 23 it was fairly simple. I wasn't here to solve 24 every alcohol abuse problem we have in the 25 state. Its intent is pretty simple, and I'll

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(518) 371-8910 1 just restate it. And I certainly restate the 2 wishes of all my colleagues as to their 3 opinions, although, Senator Johnson, I do 4 disagree, and I think the bill is pretty 5 clear. 6 But I think Senator Padavan summed 7 it up best. What this bill's intent is to do 8 is very simple, is to go after that individual 9 who purchases large quantities of alcohol 10 where, somewhere over the course of the next 11 several months, someone will lose a life, one 12 someone will take another's life because a 13 minor was served by someone who purchased 14 large quantities and provided it. 15 The National Institute of Health 16 reports that -- this is just in college 17 alone -- 1400 college kids will lose their 18 life this year. That's just college kids. 19 Five hundred thousand will be injured due to 20 alcohol-related incidents. 21 This is something that is very, 22 very important to me. We have had incidents 23 in our community, like we have had in every 24 community of this state. It is extremely 25 unfortunate. But as I said at the outset,

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(518) 371-8910 1 someone will lose their life or take someone 2 else's life in the next couple of months 3 because someone purchased alcohol in large 4 quantities and provided it to minors. 5 Mr. President, I vote aye. 6 ACTING PRESIDENT MARCELLINO: 7 Senator Libous will be recorded in the 8 affirmative. 9 Senator LaValle, to explain his 10 vote. 11 SENATOR LaVALLE: Thank you, 12 Mr. President. To explain my vote. 13 I want to congratulate Senator 14 Libous on pursuing this very, very important 15 legislation. And, Senator Libous, I'm glad 16 that we had an opportunity to discuss this 17 bill. And I think the members, each member, 18 regardless of what tack they took in 19 supporting this legislation, it's important to 20 have this discussion. 21 As chairman of the Senate Committee 22 on Higher Education, I am very, very 23 concerned -- as everyone here in this chamber 24 is -- about drinking at college campuses. And 25 when I hear the statistics that you quoted in

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(518) 371-8910 1 the number of deaths of our college students 2 and the other damage that they do, it's very, 3 very alarming. 4 So out of this debate we don't 5 realize sometimes that we send a very strong 6 message out into the highways and byways of 7 our state, out into society, to say that this 8 Legislature feels this is important, we have 9 to deal with it. 10 Senator Klein brought up a very 11 important point, and Senator Padavan 12 reiterated it. The proof and documentation 13 that students have today, I mean, they 14 literally laugh because they can get it for 15 five bucks or whatever, and they are drinking 16 when they shouldn't be. 17 And we have to remember that we 18 passed these laws because these are young 19 people. They don't have the maturity, they 20 don't have the judgment. Today the college 21 environment is very, very stressful, and so 22 drinking is a real problem, and drugs and 23 other kinds of things. 24 So this bill has passed the Senate 25 before. It has died in the Assembly Codes

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(518) 371-8910 1 Committee. And I hope you will prevail. If 2 you don't over in the Assembly, we have 3 charted a course, we hopefully will stir 4 debate beyond this chamber here at the Capitol 5 and out in our communities. 6 I vote aye, Mr. President. 7 ACTING PRESIDENT MARCELLINO: 8 Senator LaValle will be recorded in the 9 affirmative. 10 Senator Morahan, to explain his 11 vote. 12 We have a list for those who wish 13 to explain your vote. Senator Connor will be 14 next, and then Senator Johnson. But right now 15 Senator Morahan. He passes. 16 Senator Connor, to explain his 17 vote. 18 SENATOR CONNOR: Thank you, 19 Mr. President. 20 You know, I wasn't going to say 21 anything. And I'm going to vote for this bill 22 because I think what Senator Libous is trying 23 to get at is important. 24 But, you know, all due respect to 25 Senator Padavan, I was against that when we

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(518) 371-8910 1 raised that drinking age. I got suckered into 2 doing the one at 19 because some high school 3 teacher said, "Oh, my seniors come back after 4 lunch and they've had a couple of beers and 5 they fall asleep." 6 When I went to college, the 7 drinking age was 18. When most of us did, it 8 was 18. Did college students drink beer then? 9 Sure. Why are we shocked that they drink beer 10 now? 11 In Heidelberg in medieval times 12 they were drinking beer and carousing around 13 the town, and they were doing it in the first 14 universities in Italy in the Middle Ages. And 15 if you look at my district in Lower Manhattan, 16 Columbia University was there, the students 17 would be out -- and it was a religious school 18 then, King's College -- out carousing and 19 drinking beer and whatever. That's what 20 college students do. 21 What we did that I think is silly 22 is we put it out in the back room. Kids hide 23 out behind dorms or in dorm rooms and chug all 24 the beer they can before they get caught by 25 campus security, and that's why they're binge

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(518) 371-8910 1 drinking. 2 When I went to college, and I went 3 to the Catholic University of America, we had 4 a pub on campus where we could drink beer and 5 wine, and we went there and shared a pitcher 6 darn near every night. And you could dance 7 there. And you know what? If you got out of 8 hand, somebody was there to call you in the 9 next day and say, Hey, you've got to watch 10 your drinking. 11 We put in, we put it in secret. I 12 think we're responsible for having the binge 13 drinking, because there's no opportunity to 14 teach an 18-or-19-year-old student social 15 drinking. 16 So I'm going to vote for this bill, 17 but I hate to hear this "Oh, my God, I'm 18 shocked, college students are drinking beer." 19 They've been doing it since they first 20 invented universities. 21 (Applause.) 22 ACTING PRESIDENT MARCELLINO: The 23 chair is pleased that Senator Connor has 24 testified. 25 Senator Johnson.

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(518) 371-8910 1 SENATOR CRAIG JOHNSON: Thank 2 you. 3 Perhaps I'm like on the extreme 4 ideological spectrum on drinking than Senator 5 Connor, because I'm trying to actually toughen 6 the law. 7 Senator LaValle talked about the 8 IDs and how in today's technology you're able 9 to create these wonderful IDs. If a 10 20-year-old with a fake ID goes out, buys 11 3 liters of alcohol, waits five days and then 12 serves it, makes it available at a fraternity 13 party or something like that, a house party or 14 whatever it is, the 20-year-old who made it 15 available, caused the situation, maybe put 16 somebody in harm's way, is not liable for the 17 E felony under this bill. 18 That's what I want to do. That's 19 what I want to do. I want to strengthen the 20 law because we give responsibility to our 21 18-year-olds, our 19-year-olds, our 22 20-year-olds. We give them all this 23 responsibility. We should also, quite 24 frankly, make them responsible for creating 25 the binge drinking situation that they know

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(518) 371-8910 1 what goes on in these schools and these high 2 schools and in these colleges. 3 But while I'm trying to do that, 4 I'm also trying to make the law 5 understandable. And with all due respect to 6 the sponsor, and I congratulate the sponsor 7 for addressing this issue, phrases like "makes 8 available" isn't enough just to say, well, 9 "makes available" makes available because it 10 makes available. And "aid in the 11 procurement," we need to know. 12 And with all due respect to Senator 13 Padavan, you know, intelligent jurists differ 14 and disagree. That's the great thing about 15 our justice system, is what one judge thinks 16 is one thing, another judge thinks another. 17 One prosecutor thinks one thing, another 18 prosecutor thinks another or defense attorney 19 thinks another. 20 I'm trying to strengthen the law. 21 I'm trying to stop binge drinking and hold 22 responsible not just the 21-year-olds and 23 22-year-olds but also those 18-year-old 24 seniors who know better, who know better and 25 yet make that alcohol available to the

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(518) 371-8910 1 14-year-olds and to the 15-year-olds. 2 So again, I support the 3 one-step-at-a-time approach. I want to see a 4 giant leap. And that's why attacking this 5 bill and raising questions about this bill, I 6 want this bill to go farther. 7 So I'll vote yes for the first 8 step, but I hope we start to see legislation 9 like holding parents responsible for -- when 10 their homes are opened up to parties. And I 11 hope we address these issues like making 12 minors responsible when they provide this 13 alcohol in this type of situation. 14 So I do vote yes. Thank you, 15 Mr. President. 16 ACTING PRESIDENT MARCELLINO: 17 Senator C. Johnson will be recorded in the 18 affirmative. 19 Senator Larkin, to explain his 20 vote. 21 SENATOR LARKIN: I've listened to 22 this debate on this bill for a couple of years 23 now. And when Senator Johnson came in, I 24 thought he was giving a class to his 25 colleagues on that side of the aisle, because

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(518) 371-8910 1 when we talked about a couple of other issues 2 here, it was start me and go over and over. 3 What we're trying to do here is 4 correct an issue. And as long as we're trying 5 to correct it, I think Senator Libous deserves 6 great credit for putting this bill on the 7 floor. Now all of a sudden I hear, after an 8 hour and 20 minutes of debate, "but I'm going 9 to vote for it." 10 You know, I think what we ought to 11 do if we're not talking to the gallery, we 12 ought to start talking about the bill and what 13 the bill does and what the bill says. I think 14 that it's nonsense. This is a good sounding 15 bill. We're talking about human lives. 16 I am very proud to vote, Tom, with 17 you, and I vote yes. 18 ACTING PRESIDENT MARCELLINO: 19 Senator Larkin will be recorded in the 20 affirmative. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 to explain my vote. 24 I'm going to be supportive of this 25 legislation. What I find absolutely amazing

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(518) 371-8910 1 from my good friends on the other side of the 2 aisle is when we propose legislation that 3 would raise certain acts by pedophiles and 4 others, that they're shocked that we would 5 make it a felony, failure to report. And I 6 can go on and on, where we look to strengthen 7 Megan's Law and they'll vote against it. 8 But now they are supporting a bill 9 and would want to go even further by putting a 10 kid on a basketball team -- not that it's 11 right -- who purchases a keg of beer, to make 12 that a felony. 13 So I would hope, as we go through 14 our entire criminal justice package, you 15 examine your conscience and your voting 16 records and find out if it really is 17 equivalent to a kid buying a keg of beer as 18 long as it may be -- you know, maybe we should 19 be looking at their licenses and other things 20 that really mean something to them. 21 But yet you will stand up in shock 22 and horror because we're looking to raise the 23 penalties from misdemeanors to felonies, even 24 E felonies, for those who would sodomize our 25 kids, fail to report, and do other horrendous

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(518) 371-8910 1 acts. 2 So, Senator Libous, I support your 3 bill. 4 ACTING PRESIDENT MARCELLINO: 5 Senator Skelos will be recorded in the 6 affirmative. 7 Senator DeFrancisco, to explain his 8 vote. 9 SENATOR DeFRANCISCO: I guess the 10 point I wanted to make, I'm in favor of this 11 bill. It's been passed here repeatedly for 12 years and years. 13 And I guess the only thing I would 14 say is that if this bill, as is, has not 15 gotten out of committee in the Assembly, and 16 everyone here thinks it's a wonderful bill, 17 then who in God's name thinks that it would 18 ever, ever get on the floor of the Assembly if 19 we're going to have a child with a felony 20 record for this type of activity? 21 So let's talk real world. 22 Sometimes we've got to get half a loaf. Even 23 if we're in favor of strengthening this bill, 24 we can't even get half a loaf. 25 So I think the efforts of Senator

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(518) 371-8910 1 Johnson should really be directed to the 2 Assembly. If this bill is the first step, and 3 it's a right step, let's get this done. Then 4 we can worry about steps two, three and four. 5 And maybe he can impose upon his colleagues in 6 the other house to pass this very important 7 bill that Senator Libous has brought to the 8 floor. 9 ACTING PRESIDENT MARCELLINO: How 10 do you vote, Senator? 11 SENATOR DeFRANCISCO: I vote yes. 12 ACTING PRESIDENT MARCELLINO: 13 Senator DeFrancisco will be recorded in the 14 affirmative. 15 Are there any other Senators 16 wishing to be explain their votes? Seeing 17 none, the Secretary will announce the results. 18 THE SECRETARY: Ayes, 61. Nays, 19 0. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 Senator Skelos. 23 SENATOR SKELOS: If we could lay 24 aside Calendar Number 969 for the day. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Excuse me, Senator. I'm sorry, could you 2 repeat that? 3 SENATOR SKELOS: Mr. President, 4 if we could lay aside Calendar Number 969 for 5 the day. 6 ACTING PRESIDENT MARCELLINO: The 7 bill will be laid aside for the day. 8 SENATOR SKELOS: Is there any 9 further business to come before the Senate at 10 this time? 11 ACTING PRESIDENT MARCELLINO: No, 12 there is none, Senator Skelos. 13 SENATOR SKELOS: There being 14 none, I move we stand adjourned until 15 Wednesday, May 16th, at 11:00 a.m. 16 ACTING PRESIDENT MARCELLINO: 17 There being no further business, on motion, 18 the Senate stands adjourned until Wednesday, 19 May 16th, at 11:00 a.m. 20 (Whereupon, at 4:27 p.m., the 21 Senate adjourned.) 22 23 24 25

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