Tuesday, June 12, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 12, 2007 11 3:23 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask all to please rise and 5 join me in reciting the Pledge of Allegiance 6 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Our invocation is 10 a magic moment for me. It's an opportunity to 11 introduce a sage to governors, advisor to 12 presidents, friend of the Senate, and a 13 generally good human being: Father Peter G. 14 Young, of Mother Theresa Community of Albany. 15 REVEREND YOUNG: May we join in 16 prayer. 17 In New York City, at George 18 Washington's inauguration as President, he 19 placed his hands on the Bible on April 30, 20 1789, to serve with integrity his nation. 21 Our Senators in this chamber are 22 called to the same dedication to leadership, 23 as Your elected and dedicated public servants. 24 Therefore, we ask You to bless them, Lord, in 25 Your name, so they can carry out their most

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(518) 371-8910 1 important work for all of our citizens in 2 New York State. 3 We ask You this now and forever. 4 Amen. 5 THE PRESIDENT: What color suit 6 was the President wearing that day, Father? 7 REVEREND YOUNG: Blue. 8 (Laughter.) 9 THE PRESIDENT: The reading of 10 the Journal. 11 THE SECRETARY: In Senate, 12 Monday, June 11, the Senate met pursuant to 13 adjournment. The Journal of Sunday, June 10, 14 was read and approved. On motion, Senate 15 adjourned. 16 THE PRESIDENT: Without 17 objection, the Journal stands approved as 18 read. 19 Presentation of petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers.

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(518) 371-8910 1 Motions and resolutions. 2 On the motions, Senator Nozzolio. 3 SENATOR NOZZOLIO: Thank you, 4 Mr. President. 5 On behalf of Senator LaValle, I 6 wish to call up Print Number 5526, recalled 7 from the Assembly, which is now at the desk. 8 THE PRESIDENT: The Secretary 9 will read. 10 THE SECRETARY: Calendar Number 11 1530, by Senator LaValle, Senate Print 5526, 12 an act to amend the Social Services Law and 13 the Correction Law. 14 THE PRESIDENT: Senator Nozzolio. 15 SENATOR NOZZOLIO: Mr. President, 16 I now move to reconsider the vote by which the 17 bill was passed. 18 THE PRESIDENT: The Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 42. 22 THE PRESIDENT: Senator Nozzolio. 23 SENATOR NOZZOLIO: Thank you, 24 Mr. President. 25 On behalf of Senator LaValle, I

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(518) 371-8910 1 offer the following amendments. 2 THE PRESIDENT: The amendments 3 are received and adopted. 4 Senator Nozzolio. 5 SENATOR NOZZOLIO: Mr. President, 6 I wish to call up, on behalf of Senator 7 Larkin, Print Number 1046, recalled from the 8 Assembly, which is now at the desk. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: Calendar Number 12 714, by Senator Larkin, Senate Print 1046, an 13 act to amend the Agriculture and Markets Law. 14 THE PRESIDENT: Senator Nozzolio. 15 SENATOR NOZZOLIO: Mr. President, 16 I now move to reconsider the vote by which the 17 bill was passed. 18 THE PRESIDENT: The Secretary 19 will call the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 52. 22 THE PRESIDENT: The chair 23 recognizes Senator Nozzolio. 24 SENATOR NOZZOLIO: I now offer 25 the following amendments.

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(518) 371-8910 1 THE PRESIDENT: The amendments 2 are received. 3 SENATOR NOZZOLIO: Mr. President, 4 on behalf of Senator DeFrancisco, I wish to 5 call up Print Number 4116, recalled from the 6 Assembly, which is now at the desk. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 1128, by Senator DeFrancisco, Senate Print 11 4116, an act to amend the General Municipal 12 Law. 13 THE PRESIDENT: Senator Nozzolio. 14 SENATOR NOZZOLIO: Mr. President, 15 I now move to reconsider the vote by which the 16 bill was passed. 17 THE PRESIDENT: The Secretary 18 will call the roll on reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 THE PRESIDENT: Senator Nozzolio. 22 SENATOR NOZZOLIO: Mr. President, 23 I now offer the following amendments. 24 THE PRESIDENT: The amendments 25 are received.

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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President. 2 THE PRESIDENT: Senator Nozzolio. 3 SENATOR NOZZOLIO: I move the 4 following bills be discharged from its 5 respective committee and be recommitted with 6 instructions to strike the enacting clause: 7 Senate Print Number 1966, by Senator Volker. 8 THE PRESIDENT: So ordered, 9 Senator Nozzolio. Thank you. 10 Senator Leibell. 11 SENATOR LEIBELL: Mr. President, 12 are there any substitutions at the desk? 13 THE PRESIDENT: Yes, there are, 14 Senator. 15 The Secretary will read. 16 THE SECRETARY: On page 40, 17 Senator Marcellino moves to discharge, from 18 the Committee on Environmental Conservation, 19 Assembly Bill Number 8211 and substitute it 20 for the identical Senate Bill Number 5814, 21 Third Reading Calendar 1206. 22 And on page 40, Senator Marcellino 23 moves to discharge, from the Committee on 24 Environmental Conservation, Assembly Bill 25 Number 8206 and substitute it for the

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(518) 371-8910 1 identical Senate Bill Number 5815, Third 2 Reading Calendar 1207. 3 THE PRESIDENT: Substitutions 4 ordered. 5 Senator Leibell. 6 SENATOR LEIBELL: Would the desk 7 recognize Senator Fuschillo for motions. 8 THE PRESIDENT: Senator 9 Fuschillo. 10 SENATOR FUSCHILLO: Thank you, 11 Mr. President. 12 Amendments are offered to the 13 following Third Reading Calendar bills: 14 Sponsored by Senator Seward, page 15 number 42, Calendar Number 1260, Senate Print 16 Number 4617; 17 By Senator Maziarz, page number 53, 18 Calendar Number 1590, Senate Print Number 19 5906; 20 By Senator LaValle, page number 55, 21 Calendar Number 1616, Senate Print Number 898; 22 By Senator Fuschillo, page number 23 19, Calendar Number 626, Senate Print 2970; 24 By Senator Skelos, page number 19, 25 Calendar Number 636, Senate Print Number 4058;

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(518) 371-8910 1 By Senator Padavan, page number 31, 2 Calendar Number 959, Senate Print Number 5422; 3 By Senator Volker, page number 43, 4 Calendar Number 1283, Senate Print Number 5 4142; 6 By Senator DeFrancisco, page number 7 44, Calendar Number 1299, Senate Print Number 8 1268; 9 By Senator Bonacic, page number 17, 10 Calendar Number 588, Senate Print Number 3970; 11 By Senator Volker, page number 32, 12 Calendar Number 983, Senate Print Number 4029; 13 By Senator Morahan, page number 11, 14 Calendar Number 381, Senate Print Number 2586. 15 I now move that these bills retain 16 their place on the order of Third Reading 17 Calendar. 18 THE PRESIDENT: Thank you, 19 Senator Fuschillo. The amendments are 20 received and adopted. The bills will retain 21 their place on the Third Reading Calendar. 22 Senator Leibell. 23 SENATOR LEIBELL: May we please 24 adopt the Resolution Calendar. 25 THE PRESIDENT: All those in

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(518) 371-8910 1 favor of adopting the Resolution Calendar 2 please indicate so by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: The Resolution 7 Calendar is adopted. 8 Senator Leibell. 9 SENATOR LEIBELL: Would you 10 recognize Senator Farley, please. 11 THE PRESIDENT: The chair 12 recognizes Senator Farley. 13 SENATOR FARLEY: Thank you, 14 Mr. President. 15 Resolution 2712 is one that asks 16 Governor Spitzer to proclaim October 21st 17 through 27th Friends of Libraries Week in the 18 State of New York. 19 There wasn't time to circulate 20 this. I'm offering it up to the entire 21 Senate. Normally everybody has cosponsored 22 it. 23 If somebody does not want to 24 sponsor it, please approach the desk, if 25 that's all right with the leader.

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(518) 371-8910 1 THE PRESIDENT: On the 2 resolution, Senator Farley has kindly opened 3 up the resolution for sponsorship by the 4 entire body. We'll put the names of all the 5 members on the resolution. Anyone who would 6 not like to be part of it can please indicate 7 so at the desk. 8 Senator Smith. 9 SENATOR SMITH: Thank you very 10 much, Mr. President. 11 Members and colleagues, I rise to 12 speak on Resolution 2736, where we were 13 fortunate, absent of knowing this young lady, 14 to reap the benefits of some of what she has 15 done for an individual. 16 This young lady, who had been 17 knighted by the Queen, was named Dame Lois 18 Browne-Evans. She began a series of firsts 19 when she became the first woman called to the 20 Bermuda bar. She also, in 1953, won election 21 to the Parliament in the Devonshire North 22 seat, the first black woman to be elected an 23 MP. 24 She also was the first woman to 25 become the party leader in the British

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(518) 371-8910 1 Commonwealth and also was the first to become 2 the attorney general as well in Bermuda. 3 Mr. President, what distinguished 4 and what makes this young lady, Dame Lois 5 Browne-Evans, so important to me and so 6 important to others in this room is a product 7 which she produced, a product which became a 8 very close person to me, someone who I knew 9 for a very long time, and someone who now is 10 my chief of staff. This young lady, Dame Lois 11 Browne, was the aunt of Mortimer Lawrence -- 12 who is now my chief of staff -- and passed 13 away recently. And also they declared, in 14 Bermuda, a state holiday because of this young 15 lady. 16 I am proud today, Mr. President, to 17 know that we are pausing to present this 18 resolution on behalf of Dame Lois 19 Browne-Evans. I say this to my good friend 20 and chief of staff Mortimer Lawrence, and his 21 family, that we in the State of New York are 22 very noteworthy of her accomplishments, and 23 I'm happy that we are pausing today to bring 24 forth this resolution. 25 I would also ask that it be opened

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(518) 371-8910 1 to all members of the Senate, and any of those 2 who do not want to have their name on this 3 resolution can so do so by bringing their name 4 forward to the desk. 5 Thank you very much, Mr. President. 6 THE PRESIDENT: Senator Smith has 7 kindly opened the resolution honoring the 8 knighting of Dame Lois Browne-Evans by the 9 Queen of England to cosponsorship by all the 10 members of the body. 11 We will put all the members on the 12 resolution. And anyone who does not wish to 13 be on it can come up to the desk, and maybe 14 we'll have you knighted by the Queen. 15 Thank you, Senator Smith. 16 Senator Leibell. 17 SENATOR LEIBELL: Mr. President, 18 may we please have the noncontroversial 19 reading of the calendar. 20 THE PRESIDENT: The Secretary 21 will conduct the noncontroversial reading of 22 the calendar. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number 25 200, by Senator Seward, Senate Print 2634, an

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(518) 371-8910 1 act to amend the Penal Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: The Secretary 8 will call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: The Secretary 11 will announce the results. 12 THE SECRETARY: Ayes, 55. Nays, 13 1. Senator Duane recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 209, by Senator Saland, Senate Print 1091A, an 18 act to amend the Vehicle and Traffic Law. 19 THE PRESIDENT: The Secretary 20 will read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect nine months after it 23 shall have become a law. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 55. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 525, by Senator Leibell, Senate Print 3647, an 7 act to -- 8 SENATOR LEIBELL: Lay it aside 9 for the day. 10 THE PRESIDENT: The bill is laid 11 aside for the day. 12 THE SECRETARY: Calendar Number 13 548, by Senator Wright, Senate Print 3141, an 14 act in relation to authorizing and directing 15 the Office of Real Property Services. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 565, by Senator Maltese, Senate Print 4357, an 2 act to amend the Civil Service Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of March 7 next succeeding. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 587, by Senator Bonacic, Senate Print 3968, an 15 act to amend the Private Housing Finance Law. 16 THE PRESIDENT: Last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 56. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 589, by Senator Bonacic, Senate Print 4115, an

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(518) 371-8910 1 act to amend the Private Housing Finance Law. 2 THE PRESIDENT: Last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 682, by Senator Nozzolio, Senate Print 4118B, 12 an act to amend the Correction Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 90th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 703, by Senator Seward, Senate Print 3964A, an 24 act to amend the Insurance Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 785, by Senator Wright, Senate Print 3984, an 11 act to amend the Public Service Law. 12 THE PRESIDENT: Last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 56. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 861, by Senator Hannon, Senate Print 4459, an 22 act to amend the Public Health Law. 23 THE PRESIDENT: Last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 56. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 956, by Senator Padavan, Senate Print 5246A, 8 an act to amend the Administrative Code of the 9 City of New York. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 4. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. Nays, 17 1. Senator DeFrancisco recorded in the 18 negative. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 968, by Senator Hannon, Senate Print 4992, an 23 act to amend the Public Health Law. 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, 56. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 981, by Senator LaValle, Senate Print 5328A, 9 an act to amend Chapter 61 of the Laws of 2006 10 relating to the Shoreham-Wading River Central 11 School District. 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, 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 987, by Senator Fuschillo, Senate Print 5047, 23 an act to amend the General Business Law and 24 the Correction Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 90th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 56. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1043, by Senator Saland -- 11 SENATOR DUANE: Lay it aside, 12 please. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1080, by Senator Saland, Senate Print 5669, an 17 act to amend the Education Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 27. This 21 act shall take effect July 1, 2008. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1114, by Senator Maziarz, Senate Print 516, an 4 act to amend the Real Property Law. 5 THE PRESIDENT: Last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 120th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 56. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1206, substituted earlier today by Member of 15 the Assembly Alessi, Assembly Print Number 16 8211, an act to amend the Environmental 17 Conservation Law. 18 THE PRESIDENT: Last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 56. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1207, substituted earlier today by Member of 3 the Assembly Gunther, Assembly Print Number 4 8206, an act to amend the Environmental 5 Conservation Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1328, by Senator C. Kruger, Senate Print 4547, 17 an act to amend the Social Services Law. 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, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1340, by Senator Hannon, Senate Print 5015, an 4 act to amend the Public Health Law and the 5 Vehicle and Traffic Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1341, by Senator Hannon, Senate Print 5429, an 17 act to amend the Public Health Law and the 18 Social Services Law. 19 THE PRESIDENT: Last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1397, by Senator Saland, Senate Print 5752, an 4 act to amend the Retirement and Social 5 Security Law. 6 THE PRESIDENT: Last section. 7 SENATOR LEIBELL: Lay it aside 8 for the day. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 The Secretary will read. 12 THE SECRETARY: Calendar Number 13 1517, by Senator Stachowski, Senate Print 14 2127, an act to authorize the Town of Hamburg, 15 County of Erie. 16 THE PRESIDENT: There is a 17 home-rule message at the desk. 18 The Secretary will 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, 56. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1580, by Senator Lanza, Senate Print 4485, an 4 act to amend the Correction Law and the 5 Criminal Procedure Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1586, by Senator Wright, Senate Print 5762A, 17 an act in relation to making certain findings 18 and determinations. 19 THE PRESIDENT: There is a 20 home-rule message at the desk on this bill. 21 The Secretary will read the last 22 section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 That completes the noncontroversial 6 reading of the calendar, Senator Leibell. 7 SENATOR LEIBELL: Thank you, 8 Mr. President. Now may we have the 9 controversial reading of the calendar. 10 THE PRESIDENT: The Secretary 11 will conduct the controversial reading of the 12 calendar. 13 Ring the bells so that the members 14 outside can come in and vote. 15 The Secretary will read. 16 THE SECRETARY: Calendar Number 17 1043, by Senator Saland, Senate Print 3740A, 18 an act to amend the Criminal Procedure Law. 19 SENATOR DUANE: Explanation. 20 THE PRESIDENT: Senator Saland, 21 an explanation has been requested by the 22 Acting Minority Leader, Senator Duane. 23 SENATOR SALAND: Thank you, 24 Mr. President. 25 Mr. President, this bill is a

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(518) 371-8910 1 departmental bill at the request of the 2 Division of Criminal Justice Services, DCJS. 3 It is, however, similar in many if not most 4 respects to other similar bills that we have 5 had the opportunity to debate in this house 6 over the course of the past several years. 7 The purpose of this bill is to 8 afford the opportunity to someone who has been 9 the victim of a sex offense under Article 130 10 to make application to the court to have her 11 or his assailant be subjected to HIV testing. 12 We have in here a probable cause 13 standard which basically says there would have 14 to have been an indictment or a Superior Court 15 information. We provide -- and incidentally, 16 the current law only applies in those 17 instances in which there has been a conviction 18 that's already been obtained. That's been on 19 the books here probably for somewhere in the 20 area of a dozen years now. 21 The applicant would have the 22 ability to seek this relief within 48 hours 23 after indictment or the filing of the 24 information. And the applicant would have to 25 show, among other things, that she or he was

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(518) 371-8910 1 in fact the victim of the offense and had been 2 offered pre-HIV test counseling as well as 3 post-HIV test counseling by a public health 4 officer. 5 Also the applicant would be advised 6 of the limitations on the information to be 7 obtained through the test as well as current 8 scientific assessments of the risks of 9 transmission of HIV from the exposure he or 10 she may have been experienced. 11 In addition, the application would 12 also show the need for the applicant to 13 undergo HIV-related testing to definitively 14 determine his or her HIV status. 15 This is a measure which complies 16 with current federal requirements under the 17 existing federal law. We have a measure that 18 is a same-as with a bill that's currently in 19 the Assembly, which Assemblywoman Mayersohn is 20 sponsoring and which is on third reading in 21 the Assembly. 22 The bill seeks to ensure 23 confidentiality by ensuring that the data or 24 the information that is received by way of 25 this application process is not available to

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(518) 371-8910 1 anybody in any civil or criminal proceeding 2 and basically is an effort to empower a victim 3 with the ability to ensure that she or he, if 4 they so desire, has the ability with, in 5 effect, some informed counseling which will 6 have been received during the course of the 7 process as a prerequisite to the application, 8 to seek to have the court require this HIV 9 testing. 10 I came to this issue a number of 11 years ago primarily based on a couple of 12 reports I had seen; one was in a legal 13 periodical, the other was in a newspaper 14 account where defendants had refused to submit 15 to HIV testing and attempted to use their 16 refusal to secure a better plea deal. 17 And some folks may recall the 18 matter of a few years ago by now, perhaps, a 19 situation which received much attention in the 20 City of New York where I believe a taxicab 21 driver, a woman taxicab driver was the victim 22 of a sexual assault and very much wanted to 23 have the perpetrator tested and under the law 24 at that time was not able to do so because the 25 law only provided for such testing on

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(518) 371-8910 1 conviction. 2 Thank you, Madam President. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Saland, for that explanation. 5 Senator Duane. 6 SENATOR DUANE: Thank you, Madam 7 President. 8 I believe there's an amendment at 9 the desk. And I ask that the reading of the 10 amendment be waived, and I ask to be heard on 11 the amendment. 12 ACTING PRESIDENT YOUNG: The 13 reading is waived, and you may be heard on the 14 amendment. 15 SENATOR DUANE: Thank you, Madam 16 President. 17 Let's first all agree that being 18 the victim of a sex crime is horrible. 19 Horrible. A time of awful mental anguish, 20 anxiety, physical pain. Unimaginably 21 horrible. Horrible. Horrible. I think 22 there's no doubt in anyone's mind here but 23 that that is the situation for a person who 24 has been the victim of a sex crime. 25 Also, I don't think that anyone

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(518) 371-8910 1 would question that what the victim needs is 2 counseling, support. Answers, really; answers 3 to why such a horrible thing could have 4 happened to them. 5 But if we really care about the 6 victim of a sexual assault, the most important 7 thing that we can do for that victim is to 8 ensure that they immediately, immediately, 9 immediately get prophylactic treatment and 10 care for everything, all STDs, including HIV, 11 and all STDs. That is the most important 12 thing. 13 And the window is about two hours 14 to 36 hours. That's the window. That's when 15 the victim's health can be protected. That's 16 when the victim needs to get prophylactic 17 treatment. And that's what my amendment would 18 do. 19 My amendment would mandate that as 20 soon as the victim has contact with anyone in 21 law enforcement -- a police officer, a DA, 22 whoever it is -- that he or she be immediately 23 told that they are entitled and actually 24 encouraged to get full prophylactic treatment. 25 Because that is the thing that will protect

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(518) 371-8910 1 them from being infected from anything. 2 Anything. 3 Two hours to 36 hours, that is the 4 most important time. And you know who should 5 pay for it? We should pay for it. No one 6 should have to worry about who is going to pay 7 for this prophylactic treatment that protects 8 them from any transmitted disease. Any 9 transmitted disease. Two hours to 36 hours, 10 you're in touch with the police officer, a DA, 11 immediately. You get free prophylactic 12 treatment and counseling. And counseling. 13 That's what my amendment would do. 14 Now, we're going to talk about 15 other parts of the bill after this amendment 16 passes. And I can't understand, if you 17 support victims, how you could not support 18 free prophylactic treatment. So after we 19 agree that we're going to take care of the 20 victim and pay for it and make sure that she's 21 all right, that she won't get any disease as a 22 result of that assault, then we can debate the 23 rest of the bill. 24 But for now, I urge you all in the 25 strongest possible terms that if we care about

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(518) 371-8910 1 victims -- and I believe that we all do -- 2 that we pass my amendment. That we pass my 3 amendment. Because no matter what you think 4 about the bill, this is the one thing that 5 will protect the victim physically and to 6 provide her with peace of mind. 7 So I urge you all to vote yes. 8 Thank you, Madam President. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Duane. 11 Senator Adams, on the amendment. 12 SENATOR ADAMS: Yes, Madam 13 President. Would Senator Duane yield for a 14 question? Is that allowed? 15 ACTING PRESIDENT YOUNG: Senator 16 Saland, do you yield? 17 SENATOR SALAND: May I suggest, 18 Senator -- I'll be more than happy to -- that 19 we deal with the amendment. And then I'll be 20 more than happy to yield to any of your 21 questions. 22 SENATOR ADAMS: Okay. My 23 question -- 24 SENATOR SALAND: Oh, your 25 question is of Senator Duane or --

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(518) 371-8910 1 SENATOR ADAMS: Yes. 2 ACTING PRESIDENT YOUNG: Senator 3 Adams, you're talking on the amendment; right? 4 SENATOR ADAMS: Yes. 5 ACTING PRESIDENT YOUNG: Your 6 questioning is on the amendment; is that 7 correct? 8 SENATOR ADAMS: Yes. 9 SENATOR SALAND: And it's a 10 question of me or of Senator Duane? 11 SENATOR ADAMS: Senator Duane. 12 ACTING PRESIDENT YOUNG: Oh, 13 Senator Duane. I'm so sorry. 14 Senator Duane, do you yield? 15 SENATOR DUANE: Yes, Madam 16 President. 17 SENATOR ADAMS: Through you, 18 Madam President. Senator Duane, is there a 19 window that it is requested a victim receives 20 treatment? 21 SENATOR DUANE: Through you, 22 Madam President, yes. Within two to 36 hours, 23 but -- the treatment needs to be made 24 available. But at the moment of contact with 25 anyone in law enforcement, the law enforcement

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(518) 371-8910 1 person is required, mandated, to tell the 2 victim that this prophylactic treatment is not 3 just available but that she should take them 4 up on it, and it will be free, there will be 5 no charge for the entire regime -- regimen, 6 excuse me, of the prophylactic treatment. 7 ACTING PRESIDENT YOUNG: Senator 8 Adams. 9 SENATOR ADAMS: Madam President, 10 will he continue to yield? 11 ACTING PRESIDENT YOUNG: Senator 12 Duane, do you yield still? 13 SENATOR DUANE: Yes, Madam 14 President. 15 SENATOR ADAMS: Of your 16 understanding, how much time passes before an 17 indictment is handed down? 18 SENATOR DUANE: Rarely -- through 19 you, Madam President. In the case of a sexual 20 assault, rarely before at least 10 days, and 21 sometimes much longer. Usually much longer. 22 ACTING PRESIDENT YOUNG: Senator 23 Adams. 24 SENATOR ADAMS: Madam President, 25 would he continue to yield?

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator 2 Duane, do you continue to yield? 3 SENATOR DUANE: Yes, Madam 4 President. 5 ACTING PRESIDENT YOUNG: Thank 6 you. 7 SENATOR ADAMS: If I understand 8 you correctly, you're stating that the window 9 of taking the drugs is 36 hours. And if the 10 bill passes as it stands, then the individual 11 will wait possibly almost up to 10 days, when 12 the window that's recommended to take the 13 drugs has surpassed that. 14 SENATOR DUANE: Through you, 15 Madam President, the window for the best 16 result of the prophylactic treatment is 17 between two and 36 hours to begin that 18 prophylactic treatment. Although the first, 19 if you will, treatment is the most important. 20 Or the first treatments. But really the first 21 one, and then subsequent very important as 22 well. 23 But my amendment mandates that the 24 offer be made, the encouragement made. And of 25 course because there's the mandate for

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(518) 371-8910 1 counseling, the counselor would also say, No 2 matter, you know, when we go in for you to be 3 examined for evidence surrounding the assault, 4 for healthcare emergency room treatment around 5 the assault, you will also be entitled and you 6 should take the prophylactic treatment. 7 Whether there's an indictment or 8 there isn't an indictment. It does not matter 9 with my amendment. 10 And my amendment also will warn the 11 victim, if you will, that no matter what the 12 result, if they find the perpetrator -- if and 13 when they find the perpetrator, if and when 14 they indict the perpetrator, if and when the 15 perpetrator is given an HIV test -- that will 16 in fact give no information to the victim of 17 use. And in fact, if they discuss it further, 18 will find out that that information could 19 indeed be detrimental for her safety and 20 long-term health. 21 But in the legislation which I'm 22 amending, no, there is no mandate for the law 23 enforcement officer -- DA, whoever -- to say 24 prophylactic treatment, it's free, you should 25 do it, here, talk to a counselor about it.

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(518) 371-8910 1 SENATOR ADAMS: On the amendment, 2 Madam President. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Duane. 5 Senator Adams, on the amendment. 6 SENATOR ADAMS: I don't think any 7 crime probably devastates a family more than 8 experiencing a victim of a sex crime, a sexual 9 assault. And I believe in our desire to 10 ensure that justice is properly administered, 11 the first order of business is to ensure the 12 safety of the person involved. 13 And we often sometimes focus on the 14 victim being a woman. But there are many sick 15 individuals who prey on our male children as 16 well. And I think that we should support this 17 amendment, because it allows us to first deal 18 with the immediate need. 19 And from my understanding of what 20 Senator Duane stated, that the immediate need, 21 there's a window of opportunity. And that 22 window of opportunity can actually conflict 23 with the slow wheels of justice. If we wait 24 10 days prior to demanding law enforcement 25 officers give just some simple instructions to

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(518) 371-8910 1 the victim, then we open the opportunity that 2 that victim can wait 10 days or five days or 3 six days, and they lose the first treatment. 4 So I don't think it's a conflict in 5 ensuring that a person is punished for 6 victimizing someone through a sex crime, I 7 think that we are ensuring that that victim is 8 protected, that victim receives the necessary 9 treatment. 10 Because after responding to so many 11 rapes and so many incidents where a person was 12 sexually assaulted, there's a level of 13 traumatization that settles in. And a victim 14 needs a soothing voice with clear direction. 15 And that's why one of the requirements that 16 many of the police agencies will have, that 17 when a victim is a victim of a sex crime, that 18 they will have either a female officer that's 19 present or they will have a female doctor in 20 the office, in the atmosphere, to allow the 21 person to get over that difficult period. 22 Instructions are important at that 23 time, very specific instructions, something 24 simple as not taking a shower right away so a 25 sexual kit can be prepared so we can collect

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(518) 371-8910 1 DNA and be able to catch the person who 2 carried out such an act. 3 In order to make sure this is done 4 correctly, I think police departments should 5 and must be required to give very clear, 6 specific directions to a victim. This would 7 allow that victim to understand that there are 8 free services that are available not only with 9 the medical treatment but with the counseling. 10 I will be supporting this 11 amendment. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Adams. 14 Senator Saland. 15 SENATOR SALAND: Thank you, Madam 16 President. 17 Madam President, there has been 18 certainly at least one federal report dealing 19 with very subject that Senator Duane has 20 raised, the importance of prophylaxis as 21 contemporaneously as possible to this 22 absolutely horrid event that someone may be 23 victimized by. Certainly the two-hour number 24 they agree to. 25 This federal report by Health and

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(518) 371-8910 1 Human Services uses an outside number of 72 2 hours, which is neither here nor there, but 3 differs from your 36. 4 But let me suggest to you that 5 perhaps one of the most underreported crimes 6 known to this state or any other state is rape 7 or sexual assault. And let me suggest to you 8 further that standard operating procedure when 9 a police officer is investigating, assuming 10 there is a police investigation, is to take 11 the victim to an emergency room. 12 And right now, by regulation, by 13 protocol, which was arrived at by 14 collaboration between the Health Department 15 and the AIDS Institute, anybody who is brought 16 into an emergency room on a sex offense is 17 going to get that prophylaxis, the PEP that 18 your amendment talks about. 19 So if it's unreported, nobody knows 20 unless the person goes to the emergency room. 21 And the person will be advised or counseled 22 about the importance of that immediate 23 prophylaxis. 24 If the police intervene and there 25 is a report and they take that person for the

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(518) 371-8910 1 emergency room, that person, when they get to 2 the emergency room -- which assumedly will be 3 in a relatively short period of time, a matter 4 of, if not minutes, then a matter of hours -- 5 will similarly be advised of the importance of 6 undergoing this prophylaxis. 7 There may be insurance coverage. 8 It may be covered by the Crime Victims 9 Compensation Board. The range of the cost of 10 the tests, depending upon the duration, 11 suggested to be 28 days. 12 And I must tell you, the federal 13 report is a little more equivocal than the 14 characterization provided by Senator Duane. I 15 mean, it certainly recommends it, but a little 16 more equivocally as to what the final outcome 17 may be in terms of receiving the treatment. 18 So there is a mechanism that's 19 already on board. And again, the AIDS 20 Institute and the Department of Health have 21 done this in a fashion that every emergency 22 room -- the likely point of entry for someone 23 who is proceeding with respect to a criminal 24 complaint or for someone who chooses not to 25 report and decides that they merely want to go

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(518) 371-8910 1 to an emergency room and seek help -- that's 2 where they're going to find it. 3 If they don't do that within that 4 narrow window, whether it's 36 or 72 hours, 5 the issue that Senator Adams raised is 6 correct. You're not going to have an 7 indictment. You're not going to have a 8 Superior Court information within that period 9 of time. 10 So yes, there's a mechanism there. 11 There is a mechanism there. I thank Senator 12 Duane for borrowing from my 1067A, which is 13 not the subject that we're currently dealing 14 with, that particular provision was not 15 included, but the rest of the provisions are 16 substantially taken from that bill. 17 I certainly share his concerns, as 18 we all do, about victims and would certainly 19 hope that when this finally has concluded, we 20 will have advanced the cause of victims who 21 are horrendously and sometimes irreparably 22 traumatized by these types of heinous acts. 23 Lastly, not unlike posttraumatic 24 stress syndrome, we have recognized for a 25 number of years now -- the Court of Appeals

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(518) 371-8910 1 did it probably back in the late '80s perhaps, 2 mid to late '80s, the idea that sometimes a 3 victim is so traumatized that they simply will 4 not report or they will fail to identify their 5 perpetrator, notwithstanding the fact that 6 they may see the perpetrator in a lineup, and 7 they're not ready to go there. 8 So is this a perfect solution? No. 9 Does this empower a victim? Yes. 10 Thank you, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Saland. 13 Senator Schneiderman, on the 14 amendment. 15 SENATOR SCHNEIDERMAN: Thank you. 16 Through you, Madam President, would 17 Senator Duane yield for a question on the 18 amendment? 19 ACTING PRESIDENT YOUNG: Senator 20 Duane, do you yield? 21 SENATOR DUANE: Yes, Madam 22 President. 23 SENATOR SCHNEIDERMAN: Senator 24 Saland has raised some points about this 25 federal study that don't necessarily, in my

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(518) 371-8910 1 view, argue against your amendment. But I was 2 wondering if in fact you are familiar with 3 this study and have any response to what 4 Senator Saland has now raised. 5 SENATOR DUANE: Through you, 6 Madam President. 7 ACTING PRESIDENT YOUNG: Senator 8 Duane. 9 SENATOR DUANE: Yes, I am 10 familiar with it. And in fact, I had 11 considered using 72 hours, but the -- in an 12 effort to just try to simplify -- and let me 13 just also say I'm also familiar with the 14 report from our New York State Department of 15 Health from several years ago -- or not 16 several, but a few years ago, which addresses 17 the protocol for HIV prophylaxis, which also 18 includes prophylaxis which also includes other 19 sexually transmitted diseases, in cases 20 including sexual assault. So I'm also very 21 familiar with that report. 22 But my intention, and what the 23 amendment does, is simplify everything, is 24 just to say that every victim, from the moment 25 of their first contact with law enforcement,

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(518) 371-8910 1 is to be told that they are entitled to free 2 prophylaxis treatment and counseling. And I 3 would hope and believe that the counselor will 4 also encourage the victim to take that 5 treatment. And that it's free. 6 How long do you wait for your 7 insurance company to tell you whether you're 8 going to get payment for a treatment? How 9 many times do you have to appeal it? Many of 10 us have the same insurance carrier. I 11 practically spend more hours on filling out my 12 forms and appealing denied than I do on my 13 legislative activities. 14 So why would we make a victim do 15 that? Let's just pay for it. Let's just 16 assuage her fears that it's going to be 17 hundreds and maybe thousands of dollars. 18 Because it's not just the treatment between 19 those first hours, it's over the whole period 20 of taking the prophylaxis treatment. Right? 21 Which may be very expensive. Right? And who 22 knows what the reimbursement is for that? 23 Right? 24 You know what? I take HIV drugs. 25 I pay out-of-pocket. My insurance company

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(518) 371-8910 1 doesn't pay for all of it. And it's a lot of 2 money. I have a health savings thing, so I 3 put some of my money in so I don't have to pay 4 taxes on that, and it goes towards my drugs. 5 Why would you put a victim through 6 that? Let's pay for it. A horrible thing has 7 already happened to her; right? Why would we 8 threaten her with having to spend hundreds, 9 maybe even thousands of dollars? Let's just 10 pay for it. So if you really believe that we 11 should be helping victims, let's pay for the 12 treatment. 13 I'd be glad if the sponsor wanted 14 to take the bill away today. I'll negotiate 15 it out so that we can put this in. Although 16 frankly I think this stands on its own no 17 matter what happens with the bill, which of 18 course I'm opposed to. And I'll explain to 19 you why. 20 He withdraws the bill, I'll 21 withdraw the amendment, I'll put in this as 22 its own -- well, it is a freestanding bill, 23 and we'll pass it. I don't even care if my 24 name is on the bill. I just want to protect 25 the victim.

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(518) 371-8910 1 And I don't want the victim to have 2 to pay for the treatment or to worry about 3 whether the treatment is going to get paid 4 for. And you know what? If the government 5 wants to go to the insurance company and try 6 to get some money reimbursement, fine. Great. 7 But I don't want the victim to have to do 8 that. 9 ACTING PRESIDENT YOUNG: Senator 10 Schneiderman. 11 SENATOR SCHNEIDERMAN: I'd like 12 to thank Senator Duane for his answer and 13 speak on the amendment, Madam President. 14 ACTING PRESIDENT YOUNG: On the 15 amendment. 16 SENATOR SCHNEIDERMAN: I think 17 that we've finally had something of a 18 breakthrough here in terms of this debate. 19 And I've been around for the debate on this 20 bill for quite some time. 21 I think that Senator Duane's 22 amendment not only demonstrates what we should 23 do, which is to immediately have every victim 24 of sexual assault take the appropriate 25 prophylactic treatment immediately, to make

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(518) 371-8910 1 sure that there's no delay for someone who's 2 not sure if they want to pay or not, to make 3 it available and to make counseling available 4 immediately. 5 But it also shows us, quite 6 frankly, the deficiencies in the underlying 7 bill. And we're going to debate the bill 8 later. But ladies and gentlemen, anyone who 9 supports helping victims of sexual assault 10 avoid sexually transmitted diseases, you must 11 support this amendment. 12 The underlying bill, quite 13 honestly, looks ludicrous in comparison to 14 what Senator Duane is proposing -- that we're 15 going to wait for an indictment, then the 16 defendant, through their counsel, in writing, 17 has to request to the judge who then has to 18 rule on an application to test someone. Does 19 anyone here in their right mind think that's 20 going to happen within 72 hours? 21 Let's do what helps victims. Let's 22 pass this amendment. In fact, let's get rid 23 of the underlying bill and let's make this 24 amendment the legislation we move forward in 25 this house. I urge everyone to vote yes.

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(518) 371-8910 1 Thank you, Madam President. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Schneiderman. 4 Senator Diaz, you had previously 5 said you wanted to speak. You don't want to 6 now? 7 SENATOR DIAZ: No. 8 ACTING PRESIDENT YOUNG: Senator 9 Saland. 10 SENATOR SALAND: Thank you, Madam 11 President. 12 Madam President, the other bill 13 that I had made reference to a bit earlier is 14 a bill which provided that the payment for 15 this type of prophylaxis would be paid for by 16 the state, notwithstanding that there were a 17 number of people on the other side of the 18 aisle, including the sponsor of the amendment, 19 who voted against the bill. 20 I would welcome -- I would welcome 21 the Division of Criminal Justice Services 22 providing an appropriation with this bill. 23 And I would very strongly suggest that you 24 take every step to speak with the Governor, 25 the Division of Criminal Justice Services --

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(518) 371-8910 1 this is a departmental bill -- to get them to 2 provide an appropriation, and we do a chapter 3 amendment and provide that funding. 4 Certainly there's no reason why 5 anybody would not want to do that. And as I 6 said, this house has already provided for 7 payment in a prior iteration of this bill. 8 Thank you. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Saland. 11 Senator Adams, on the amendment. 12 SENATOR ADAMS: Yes, Madam 13 President. I just wanted to discuss something 14 that the sponsor of the bill stated, that 15 currently we have protocols in place. 16 And just in the real universe of 17 policing, protocols, they break down often 18 when you have those informal arrangements and 19 informal agreements. And what happens in many 20 of these cases involving sexual assaults, the 21 victim of that crime will come in, sometimes 22 they don't want to tell who the person is who 23 sexually assaulted them -- because in many 24 cases the person is known. 25 And if the police officer at the

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(518) 371-8910 1 time of preparing the report will also 2 instruct that person about counseling, about 3 medical treatment, that would take us a long 4 way. Because often not only does it take a 5 while before an indictment is handed down, but 6 in many cases it takes a while before a victim 7 actually acknowledges who is the person that 8 victimized them in the first place. 9 And there are so many parameters 10 that are in place that a victim is leery about 11 moving ahead in the process. They may believe 12 that the medical treatment is too costly. 13 They may believe that nothing could be done 14 and the person will never be caught. And, you 15 know, they were already victimized and no one 16 really cares. 17 So by allowing the police 18 department not only to deal with the protocol 19 or to deal with the informal arrangement but 20 to have it as a law, that they are required to 21 give the victim those simple instructions, I 22 think it takes us a long way. And I believe 23 that it's in target of what we want to do to 24 make sure that victim receives the treatment 25 that is necessary.

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(518) 371-8910 1 Thank you, Madam President. 2 ACTING PRESIDENT YOUNG: Thank 3 you, Senator Adams. 4 Senator Savino. 5 SENATOR SAVINO: Madam President, 6 on the amendment. 7 In the relatively short period I've 8 been a member of the State Senate, we've made 9 some great strides in protecting women, 10 particularly women victims of sexual assault. 11 Just last year we eliminated the statute of 12 limitations on first-degree rape and sodomy. 13 We closed the incest loophole. We were able 14 to pass legislation that enacted civil 15 confinement to protect past victims and future 16 victims. 17 But this is an opportunity right 18 now, if we pass this amendment, to provide 19 immediate protection to victims before they're 20 able to name their accuser, before that person 21 is found, before that person is indicted. 22 This would be a simple way of providing 23 women -- particularly women, but also men and 24 small children -- with some immediate justice, 25 that they can get the treatment they need so

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(518) 371-8910 1 that they are not exposed to either a 2 life-threatening illness or a sexually 3 transmitted disease. 4 We can do that right now if we pass 5 this amendment and we pay for this treatment. 6 We don't have to wait for the person to come 7 forward after they've been traumatized. 8 As we know, as Senator Adams has 9 pointed out and many of us who have worked in 10 law enforcement know, sometimes people can't 11 come forward right away. But for those who 12 can, who have the courage to come in, to seek 13 treatment, we should provide them immediate 14 access, free access to the prophylaxis 15 treatment that they need. We can do that. 16 And I support this amendment. 17 Thank you. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Savino. 20 Senator Krueger, on the amendment. 21 SENATOR LIZ KRUEGER: Thank you, 22 Madam President. 23 Well, I also want to thank Senator 24 Duane for the amendment. It's so obvious that 25 we need to make sure that the victims of

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(518) 371-8910 1 sexual assault get the prophylactic drugs that 2 they need ASAP and that they need not to pay 3 for them. 4 And of course if we were really 5 having a serious discussion about what we need 6 to do for victims of sexual assault, we'd also 7 be talking about all the underfunding for 8 counseling, for emergency room services, for 9 training of police officers in forensic 10 investigation and counseling of victims of 11 sexual assault. 12 But I do have a question for 13 Senator Duane on his amendment, if he would 14 allow me to do so. 15 ACTING PRESIDENT YOUNG: Senator 16 Krueger, I do want to remind you that there's 17 a half-hour allotment for amendments, so we 18 are getting very close or over the half-hour 19 time. So if you could make it brief, that 20 would be appreciated. 21 SENATOR LIZ KRUEGER: Very 22 briefly, then. Thank you. 23 ACTING PRESIDENT YOUNG: Senator 24 Duane, if you also could be brief. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 Senator Duane, absent your 2 amendment, which is new, why have you voted 3 against this bill in the past? 4 SENATOR DUANE: Through you, 5 Madam President. Because that legislation 6 was, again, alleged-perpetrator-testing 7 driven. And there are other flaws. It's an 8 A print. It was flawed in other ways. It 9 wasn't a good bill. 10 Thank you, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Duane. 13 Senator Volker, did you wish to 14 speak on the amendment? 15 SENATOR VOLKER: Madam President, 16 I just wanted to remind my good friend in 17 front of me here, Senator Duane, the nurses 18 asked me to -- they were going to come down 19 here for just a couple of minutes, because 20 they were afraid you might have a heart 21 attack. They just advised me that you should 22 probably quiet down just a little bit, because 23 they were very concerned about you. I just 24 want to tell you. 25 But they were watching on the TV,

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(518) 371-8910 1 and they said, "Senator Volker, would you just 2 tell Senator Duane to take it easy?" I said, 3 "Okay, I will go there and I will tell him." 4 I just wanted to tell you that, okay? For the 5 good of the order. 6 Thank you. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Volker. 9 On the amendment, those Senators in 10 agreement please signify by raising your 11 hands. 12 THE SECRETARY: Those recorded in 13 agreement are Senators Adams, Breslin, Diaz, 14 Dilan, Duane, Gonzalez, Hassell-Thompson, 15 Huntley, C. Johnson, Klein, L. Krueger, 16 Montgomery, Onorato, Oppenheimer, Perkins, 17 Sabini, Savino, Schneiderman, Smith, 18 Stachowski, Stavisky, Stewart-Cousins, 19 Thompson and Valesky. 20 ACTING PRESIDENT YOUNG: The 21 amendment is not agreed to. 22 Any other Senator wishing to be 23 heard on the bill? 24 Senator Duane. 25 SENATOR DUANE: Thank you, Madam

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(518) 371-8910 1 President. On the bill, Madam President. 2 ACTING PRESIDENT YOUNG: On the 3 bill. 4 SENATOR DUANE: You know, this is 5 my ninth year here in the State Senate. And 6 I'm -- you know, oftentimes behind anger 7 there's sadness. And that's how I -- that's 8 where I am now, Madam President. 9 You know, it used to be that -- and 10 it still may be that I would have to -- and I 11 don't want to upset the sergeants or my 12 colleagues -- I'd go to my desk drawer, 13 because this isn't my desk, but I think under 14 the rules I'm allowed to go to my desk. I 15 want to pull out something which I have which 16 I've read on the floor many times. 17 ACTING PRESIDENT YOUNG: Senator 18 Duane, I want to remind you that props are not 19 allowed. 20 SENATOR DUANE: I'm sorry, Madam 21 President? 22 ACTING PRESIDENT YOUNG: Are you 23 using props? Is that what you're doing? 24 SENATOR DUANE: No, Madam 25 President, I'm not pulling out the New York

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(518) 371-8910 1 Post or anything like that. 2 I'm pulling out the guidelines from 3 the New York State Department of Health, AIDS 4 Institute. I'm not going to read them. 5 Although I have to say that still there is a 6 lack of understanding among my colleagues on 7 how it is that HIV is spread and how it's not 8 spread. 9 And, I mean, I'm torn because I 10 really believe that the only reason that -- 11 and I'm not going to talk about this house or 12 the other house or the Executive -- but in 13 this house, that if people really understood 14 how HIV is transmitted and what it is that we 15 do to treat people who are HIV-infected or at 16 risk of being HIV-infected -- it's 17 interesting, Senator Saland raised the issue 18 of a taxicab driver who was sexually 19 assaulted. Which is terrible. Terrible. 20 But one of the reasons that I had 21 to read how it was that HIV is transmitted is 22 because some of you thought you could get it 23 by casual contact in the course of just a 24 regular job where there was no risk of 25 exposure by blood saliva or sharing needles or

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(518) 371-8910 1 breast-feeding or anal intercourse or vaginal 2 intercourse. Right? Remember? And so if you 3 really understood, we wouldn't be talking 4 about this bill. 5 Testing. Testing someone tells the 6 victim nothing. Nothing. Nothing. In 7 fact -- in fact, it may be harmful. In fact, 8 you might tell a victim, Negative, came up 9 negative, it's the wrong person. And she 10 stops taking the prophylactic drugs. Why 11 would we do that? 12 Positive tells nothing. Doesn't 13 say whether she became positive, especially 14 not if she takes prophylactics right away. 15 And it may be the wrong person. Forget about 16 the defendant. Forget about that person. 17 Yeah, I don't think you should be just testing 18 people, because that's wrong. But forget 19 about that. I'm not even arguing on that. 20 I'm arguing on what is most helpful 21 to the victim. And testing an alleged 22 perpetrator -- or the actual perpetrator, for 23 that matter -- is not helpful. Not helpful. 24 Maybe it sounds good. But that's because you 25 don't know how it's spread.

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(518) 371-8910 1 If we are helping the victim, this 2 bill is a mirage. A mirage. You can keep 3 grasping at it, right, but it doesn't give you 4 what you need. Does not give you what you 5 need. Looks good to a thirsty person; right? 6 A mirage of a stream, a lake, looks good, but 7 it's not going to help you. This bill is not 8 going to help victims. 9 Forget about the AIDS groups, 10 forget what they say. Right? Forget that. 11 What about the groups who deal with women who 12 are sexually assaulted? They're against it 13 because they know it is unhelpful and in fact 14 might be harmful. I don't know -- I mean, I 15 don't know what else -- how else I could 16 convince you, except on the merits. 17 Vote no. Vote no. You want to 18 help victims? Vote no. You want to make sure 19 people don't misunderstand about HIV 20 transmission, let alone the criminal justice 21 system? Vote no. Well, forget about that. 22 Forget that. Forget that. You want to help 23 victims; right? Vote no. Vote no. Help the 24 victims, vote no. 25 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator Duane. 3 Senator Maltese. 4 SENATOR MALTESE: Madam 5 President, while I respect very much the 6 concern of my good colleague and the passion 7 and the intensity of his remarks, I have 8 consulted with Senator Saland, and I believe 9 he's entitled to a great deal of credit for 10 his legislation. 11 I have further spoken to 12 Assemblywoman Nettie Mayersohn, whose courage 13 and bravery in this general area is very 14 notable and has been recognized in the past. 15 The fact of the matter is that this 16 empowers the victim, gives a choice to the 17 victim. If the perpetrator or the alleged 18 perpetrator tests negative, she is advised is 19 that she could consult with her physician. 20 And she ultimately has the choice as to 21 whether she continues treatment. 22 Madam President, I vote aye. 23 ACTING PRESIDENT YOUNG: Thank 24 you, Senator Maltese. 25 Senator Hassell-Thompson.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Thank 2 you, Madam President. 3 Senator Duane talked about being 4 here for nine years. I've been here for seven 5 of those nine. And each time we have had a 6 discussion about how do we deal with the 7 issues involving persons who are or 8 potentially are infected or affected by HIV, 9 we always come to this impasse. 10 And I am positive -- not 11 HIV-positive, but I'm positive that there 12 cannot be the level of -- I want to avoid the 13 word "ignorance" -- but there cannot be the 14 level of uninformed participants on that side 15 of the aisle that you pretend that there is. 16 Even if you have never had any experience, you 17 must have read some of the literature. You 18 had to have had advocates come and talk with 19 you. 20 And while I have an appreciation 21 for the fact that we're trying to be eligible 22 for more federal funding, which is really at 23 the heart of this whole thing, this is not the 24 answer. 25 Prior to coming to the State

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(518) 371-8910 1 Senate, I was a nurse working with patients 2 with HIV and AIDS and, over a period of 25 3 years, had worked with persons who were 4 addicted to drugs. And many of those people, 5 at the end of their lives and at that phase of 6 my career, had developed HIV and AIDS. 7 But as Senator Duane continues to 8 say over and over and over again, each one of 9 them, were they here, would tell you that they 10 did not get HIV by riding in the back of a cab 11 or by -- the cab driver would not have become 12 infected because they were riding in the cab. 13 But yet we've had bills that have come asking 14 us to give benefits to people who drive cabs. 15 It becomes important that we 16 understand, from a health departmental -- you 17 know, this perspective, and as legislators -- 18 and we don't have to understand all the 19 nuances. But the nuance that we do have to 20 understand is that we have an obligation to be 21 sure that we are well-informed and that the 22 legislation that we put forth demonstrates 23 that kind of knowledge. 24 You cannot believe that under those 25 circumstances, if you've heard anything,

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(518) 371-8910 1 believe anything, you cannot believe that this 2 bill will do what you say it will do. 3 And the thing that we fail to do 4 when we pass legislation of this type is that 5 we fail to protect the people who are 6 victimized. Because that's who we commit to 7 protect. That's who we say we commit to 8 protect. This will not do anything for 9 victims. 10 We didn't pass the amendment. And 11 that makes me even sadder than it makes you, 12 Tom. Because there's intelligence -- whether 13 the bill is a good bill or not, there's an 14 intelligence that we fail and a sensitivity 15 that we fail to have when we look at how we 16 pass legislation in this place. Particularly 17 in this house. I don't take responsibility 18 for what happens in the Assembly. I take 19 responsibility for how we behave here. 20 And if we continue to pass a bill 21 year after year, wouldn't you think that that 22 meant that there was something flawed about 23 the way in which we expect other people to 24 respond to what we do in this house? 25 I will vote no on this bill, I will

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(518) 371-8910 1 continue to vote no, because it speaks to an 2 arrogance that we have that we are not getting 3 down to the basic level of humanity that we 4 need to understand what we are doing. 5 And as much as I know we need 6 federal funds and as much as I want us to be 7 eligible for any funds that come into this 8 state and that support this state, that's the 9 last reason that we should be using as a 10 rationale for why we do what we do. 11 There are women, particularly -- 12 most specifically women -- who are victims 13 every day of rape. And if we really are in 14 tune to what is happening out there on our 15 streets and to the people in our districts, we 16 would have passed this amendment. But we 17 certainly would put this bill on the side, 18 take a look at the kinds of things that are 19 missing in it, and bring back a bill that 20 better reflects an understanding of who people 21 are where we find them, and not who we think 22 they ought to be based on some formula that is 23 meaningless when you've become a victim. 24 Thank you, Madam President. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator Hassell-Thompson. 2 Senator Krueger. 3 SENATOR LIZ KRUEGER: Thank you, 4 Madam President. 5 Well, Senator Hassell-Thompson is 6 right, we've debated this bill every year I 7 think since I've been here, for five years. 8 And just to disagree slightly with 9 my colleague, if this bill just did nothing 10 for survivors, maybe I should chalk it off to 11 any number of bills that passed this house 12 where I think it's not going to do anything. 13 But I would argue this bill is bad for 14 survivors of sexual assault. 15 And it's not my opinion, it's 16 healthcare professionals' opinions it's the 17 opinion of the New York State Coalition 18 Against Domestic Violence and the New York 19 State Coalition Against Sexual Assault, 20 organizations who work every day with people 21 who are in fact the victims of sexual assault 22 and who will tell us, straight up, that when 23 you are the victim of sexual assault, you're 24 often in shock. You have been traumatized 25 physically and psychologically, brutally.

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(518) 371-8910 1 You walk into an emergency room -- 2 hopefully, you walk into an emergency room. 3 Hopefully you get the right kind of services 4 and counseling. Hopefully the police have 5 been trained to handle your case correctly. 6 And then you are confronted by someone saying 7 you need to start prophylactic drug treatment 8 immediately and you need to keep taking those 9 drugs for 28 days. 10 And that is the right 11 medical-science advice that you should do 12 that. But again, you've been traumatized and 13 you want to put this all behind you. And you 14 want to be in denial, perhaps. Or you just 15 are angry and you don't want to have to deal 16 with yet another problem to take drugs for 17 28 days -- which, as Senator Duane already 18 pointed out, you might end up having to pay 19 for. 20 And so if this bill gives you some 21 false hope that some tests can be done on 22 someone accused of being your rapist who might 23 or might not have been your rapist, with a 24 possible positive or negative outcome to the 25 test that can be accurate or false, and you

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(518) 371-8910 1 see and hear that information and you think, 2 Okay, one less issue to deal with, I don't 3 have to take those drugs, I don't have to take 4 the full course for 28 days, I have escaped 5 that problem for myself -- that is the worst 6 thing that the victim of sexual assault could 7 do, to make that decision. 8 And every medical professional will 9 tell us that that would be the worst decision 10 for a victim of sexual assault to make, to not 11 take the drugs or to stop the course of 12 treatment before completion. Because the data 13 shows that while it's not a guarantee, if you 14 take the prophylactic drugs, that you will not 15 end up with a sexually transmitted disease, 16 HIV or other, that your chances of ending up 17 with that disease are much, much lower if you 18 complete the course of the prophylactic drug 19 treatment. 20 So this bill can do serious harm 21 and, frankly, double abuse a population of 22 victims of sexual assault who have already 23 been so abused and mistreated. 24 And so I have to vote no for this 25 bill. And I have to urge my colleagues to

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(518) 371-8910 1 stop making arguments that can do further harm 2 to people in the state who unfortunately, no 3 matter how hard we try, we have yet to come up 4 with the magic pill that prevents anyone from 5 ever being sexually assaulted. But we can use 6 good medicine and good science and good facts 7 and not doubly harm them through a piece of 8 legislation that would lead them to believe 9 that maybe they are the one who doesn't have 10 to take those drugs. 11 I vote no. Thank you, Madam 12 President. 13 ACTING PRESIDENT YOUNG: Thank 14 you, Senator Krueger. 15 Senator Diaz, you're next. 16 SENATOR DIAZ: Thank you, Madam 17 President. 18 You know, sometimes I decide if I 19 should speak or not, because I tend to say 20 whatever is in my heart. And that sometimes 21 makes people angry. 22 And many times I disagree with 23 Senator Duane. Other times, I might agree 24 with him. Today I agree with him and I also 25 disagree with him. I want to tell you first

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(518) 371-8910 1 why I disagree with him. 2 I disagree with him today because I 3 come from the hood. I'm from the hood. I 4 grew up in the street. I was orphaned when I 5 was nine years old. And in the hood I learned 6 that to be a bully, you just raise the voice. 7 And that might be an intimidation tactic. 8 If I didn't know Tom Duane, his 9 fight, his struggle, I would say today he's 10 using intimidating tactics, the way he puts 11 the passion that he put. So I would say that 12 because I come from the hood, to me it doesn't 13 work, that kind of intimidating tactic. 14 Because in the hood they say, you raise your 15 voice, I will raise it more. You point your 16 finger, I will point it back. That's the 17 hood. 18 But I know Tom Duane. And I know 19 his struggle. And I know why he becomes that 20 passionate. So I would say that that is not 21 an intimidating tactic, even though I come 22 from the hood. 23 You understand what I'm saying? 24 Sometimes you raise your voice and you think, 25 people, ooh. Doesn't work on me. But Tom

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(518) 371-8910 1 Duane wasn't doing that. Because he has been 2 struggling. 3 Now, what is it that I agree with 4 him? I agree with him because I also -- this 5 is my fourth year here. And I'm praying -- 6 I'm a pastor. I'm a minister. I'm a 7 preacher. And I'm praying for the day when 8 both sides, Republican and Democratic sides, 9 we agree to help, really, the community, to 10 help, really help the people. 11 There are occasions where that 12 side -- many occasions where that side, the 13 Republican side, submits good bills, good 14 bills, bills this would benefit our community. 15 And because it is a Republican bill, this side 16 goes against the bill. There are other 17 occasions where this side, the Democratic 18 side, submits some bill that's good for the 19 community, good for the people, and because 20 this is the Democratic side, that side doesn't 21 support it. 22 And today Senator Tom Duane has 23 submitted one of those magnificent, beautiful, 24 wanted, needed amendments to help the 25 community, to help a woman that has been

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(518) 371-8910 1 raped. 2 You all know me, I am against the 3 morning-after pill and I'm against the Plan B. 4 But when a woman gets raped, to get free 5 services, to get free medical attention, and 6 to take all -- to get all of the things that 7 this amendment that Senator Duane proposes for 8 the woman, that is a godsend. And I agree on 9 that. 10 And today are one of those days 11 where we are -- where we have lost, we have 12 missed the opportunity to do something very 13 good. Because it is a Democratic amendment, 14 submitted by a Democratic Senator, that side 15 decided not to support it. And that's what 16 I'm praying for. I'm praying for the day when 17 we all come together and it doesn't matter if 18 it's Democrat, it doesn't matter if it's a 19 Republican bill, let's support it when 20 something is good that benefits the community. 21 What's best for a woman that has 22 been raped, to get free services, free 23 attention, free medication, and do all these 24 things. What's best for the woman, not only 25 for a black woman, not only for Hispanic, for

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(518) 371-8910 1 everybody in the state. That's why I'm saying 2 we lost a good opportunity today to support 3 something good. 4 I'm not always supporting Tom 5 Duane. I'm not always supporting what he 6 proposes. Today I am so sad that we missed a 7 good opportunity to support a good bill. 8 Senator Duane, I don't know if you could put 9 that in a legislation, in a bill, and try to 10 pass it as a bill, but that was a good thing. 11 So, Madam President, I am voting 12 yes on the bill and I voted yes in the -- on 13 Tom Duane's amendment. So I'm voting yes on 14 both. Thank you. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Diaz. 17 Senator Schneiderman, on the bill. 18 SENATOR SCHNEIDERMAN: Thank you, 19 Madam President. Very briefly. 20 I think the debate on this issue is 21 changing. And I would urge my colleagues on 22 the other side of the aisle to take a look at 23 the statements submitted to us by the groups 24 that deal with sexual assault every day, that 25 are people who spend their lives working to

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(518) 371-8910 1 help the victims of sexual assault, who oppose 2 this bill. 3 This is not just a benign bill. 4 This is not just a neutral bill. Ladies and 5 gentlemen, you are passing a bill that will 6 hurt some victims -- not all, perhaps, but 7 some. And this bill I think comes into the 8 category of willful ignorance. This is 9 against science. This is against health 10 policy. 11 Once again, every lawyer in this 12 room knows that the provisions of this bill 13 provide no relief of any meaningful kind for 14 any victim of sexual assault. The notion that 15 someone who is traumatized by a sexual assault 16 then must submit a request in writing, after 17 having waited for an indictment, and then 18 notice has to be given to the defendant, the 19 defendant has an opportunity to respond, that 20 this will do anything positive for a victim -- 21 it won't. 22 What it will do, it provides the 23 possibility that a victim may wrongfully seize 24 on this as a false hope. This is the "false 25 hope for victims of sexual assault bill." You

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(518) 371-8910 1 want to vote for that? You want to give 2 people false hope? 3 How many people are you going to 4 hurt with this bill if it became law? How 5 many people will delay taking the treatment we 6 know they need immediately with the false hope 7 that, Oh, maybe I don't have to go through all 8 that, maybe I don't have to pay for it because 9 perhaps the victim will test negative. How 10 many people will be hurt because the victim 11 tests negative but that victim is in the 12 window period? 13 HIV tests do not test for the 14 virus, it tests for the antibodies the body 15 produces. And there are people who have HIV 16 but haven't started to produce the antibodies 17 yet, and that group are the people in which 18 the virus is the most virulent. 19 How many victims are going to get 20 HIV because of this bill? I don't know. But 21 even one is too many. 22 This is a bad bill. This is not a 23 benign bill. This gives false hope. It is 24 against science. It is against public health 25 policy. It is opposed by the people who are

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(518) 371-8910 1 working every day to help the victims of 2 sexual assault. 3 I think you should withdraw this 4 bill, and I say this knowing that the sponsor 5 is someone who believes in education, who 6 believes in science, who believes in good 7 public health policy. It tells you nothing to 8 wait this long and get a test, but this holds 9 out the hope for a traumatized victim: maybe 10 you can avoid the treatment, maybe you can 11 avoid dealing with the fact that you might 12 have HIV. 13 Some victim is going to get HIV if 14 you pass this bill and it becomes law, and 15 it's our fault. 16 I urge everyone to vote no. 17 ACTING PRESIDENT YOUNG: Thank 18 you, Senator Schneiderman. 19 Any other Senator wish to be heard? 20 Senator Stavisky. 21 SENATOR STAVISKY: Let me just 22 comment very briefly on the bill. 23 I commend Senator Duane for his 24 amendment, and I truly hope that someday we 25 will be smart enough to enact such a measure.

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(518) 371-8910 1 What bothers me listening to the 2 debate here today is the stigma of the 3 terrible AIDS and HIV crisis that we have. I 4 believe we have more people suffering from 5 HIV/AIDS in New York City, somewhere in the 6 neighborhood of a hundred thousand people, 7 than anywhere else the country. 8 And yet it should be treated, as 9 far as I believe, like any other disease. 10 It's a disease, period. It's a disease that 11 we've got to prevent and we've got to treat. 12 I too voted for Senator Duane's 13 amendment, and I commend him for the 14 amendment. And I truly wish that were the 15 choice we had today. But that's not it. 16 Unfortunately, we have a choice to make here, 17 and I'm going to vote for the bill. 18 And I commend Assemblywoman Nettie 19 Mayersohn, with whom I share a district, for 20 the work that she has done over the years, to 21 work this -- and, believe it or not, Tom, the 22 same concern for victims. Because they're my 23 concern also, the victims of abuse as well as 24 the victims of every dreaded disease. 25 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Thank 2 you, Senator Stavisky. 3 Senator Montgomery. 4 SENATOR MONTGOMERY: Yes, Madam 5 President. I rise to speak on the 6 legislation. 7 This obviously, HIV testing and 8 AIDS and HIV infection, people affected with 9 this disease are really -- this is really the 10 major health issue in my district, parts of my 11 district in certain communities. And HIV 12 testing is extremely important. It's an issue 13 that we talk about all the time. 14 We've tried to get ministers in our 15 churches to become involved in the issue, 16 urging people to be tested. We've tried to 17 talk to our communities about the fact that we 18 should not view AIDS testing as a stigmatized 19 process. 20 I have personally offered, along 21 with my city councilwoman, along with other 22 women's organizations, to go ourselves, 23 deliberately, publicly to be tested so as to 24 encourage other people to be tested, to use 25 ourselves as an example. And so this is

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(518) 371-8910 1 really a very serious issue. 2 But what this legislation does 3 unfortunately is connects testing with a 4 criminal act. And this is very unfortunate, 5 because it sets us back in our effort to 6 destigmatize this process. It is a normal 7 health exam that people should receive -- not 8 because they've committed a crime, but because 9 we want to intercede and to prevent, to 10 provide early intervention with this disease. 11 So I'm very saddened that we have 12 used this legislation to in fact hinder the 13 progress that we've made in the area of HIV 14 testing and AIDS prevention. 15 Now, I note in this bill -- and 16 maybe I'm misreading it, but it says, on 17 page 2, line 4: "Any request made by the 18 victim pursuant to this section must be in 19 writing, filed with the court, within six 20 months of the date of the crimes charged." 21 So the way that I understand this 22 is that in order for us to require this test, 23 you know, you wait six months, you have to do 24 it in writing, you present it to the accused 25 person. And if the accused person, you can't

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(518) 371-8910 1 find them, you submit it to the lawyer, the 2 attorney or whatever. 3 So I'm not sure what this is trying 4 to do. I'm not sure who this is trying to 5 help. And I certainly know that if this is 6 the bill that gets publicized and people see 7 in the paper where this process, this HIV 8 testing is associated with a criminal act, 9 it's going to set our progress back in terms 10 of trying to get people to feel good about 11 being tested. 12 So I must oppose this, because it 13 goes against everything that we've tried to do 14 in communities that most need universal HIV 15 testing, access to it, and treatment. So I 16 will oppose this legislation, Madam President. 17 Thank you. 18 ACTING PRESIDENT YOUNG: Thank 19 you, Senator Montgomery. 20 Any Senator wishing to be heard? 21 Then Senator Saland, to close. 22 SENATOR SALAND: Thank you, Madam 23 President. 24 Madam President, I've certainly 25 listened intently to the debate, including the

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(518) 371-8910 1 debate which we engaged in on the amendment. 2 I heard lots of things that have been said, 3 certainly some of them very passionately and 4 certainly reflecting deep-seated beliefs. 5 Let me suggest to you that I've 6 been here longer than five years, longer than 7 seven years, longer than nine years. I've 8 been here for some 27 years. And during that 9 time there's been one continuous thread 10 through all the legislation that I have dealt 11 with, both in this house and when I served 12 previously in the Assembly, and it was a 13 constant concern for the rights of victims, 14 whether they be women, whether they be 15 children. It probably reflects the fact that 16 when I was practicing as a lawyer I had the 17 misfortune of having to handle child abuse 18 cases, on occasion, for my county. 19 Some of the characterization of 20 this bill certainly I find to be -- I'll give 21 it credit for being earnest, but I certainly 22 would respectfully disagree with the logic. 23 Passion doesn't necessarily replace logic. 24 Probably about an hour and a half 25 ago I went through an explanation of this

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(518) 371-8910 1 bill, at which time I believe I pointed out 2 that this is about giving people the 3 opportunity to make choices, intelligent 4 choices. This is about not ignoring a victim 5 who has been subjected to the most heinous and 6 vile of acts, who has a desire, rightfully or 7 wrongfully -- some of you believe 8 wrongfully -- to have his or her, and almost 9 invariably her, assailant tested. 10 I would just like to call your 11 attention, this is about choice. This is -- 12 much of what I heard basically went to the 13 issue of the intellectual capacity, the 14 intelligence quotient, of people who are 15 victims. That somehow or other these were 16 mindless people who could easily be deluded or 17 deceived into believing that they were going 18 to be placed at greater risk by taking 19 advantage of the provisions of this bill. 20 I find that incredulous, to be 21 perfectly honest with you. And I find it 22 particularly incredulous coming from some of 23 the members from whom I heard it. 24 Now, let me remind you again that 25 there is a procedure here and that procedure

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(518) 371-8910 1 takes great pains to ensure that the victim 2 will have an informed or intelligent choice. 3 I call your attention to Section 5 of the 4 bill. I won't bore you with it. Ah, you know 5 what? Let me bore you for a moment or two. 6 That section deals with the 7 application that the victim must make. And 8 among other things, what it says -- and I 9 believe some hour and a half ago I probably 10 made this part of the record -- that the 11 applicant -- and I'll use "her" application -- 12 must state that she has been offered pre-HIV 13 test counseling and post-HIV test counseling 14 by a public health officer, in accordance with 15 Article 27F of the Public Health Law, and has 16 been advised in accordance with any guidelines 17 that may be issued by the Commissioner of 18 Health of, one, the limitations on the 19 information to be obtained through an HIV test 20 on the proposed subject; two, current 21 scientific assessments of the risks of 22 transmission of HIV from the exposure he or 23 she may have experienced; and, three, the need 24 for the applicant to undergo HIV-related 25 testing to definitively determine his or her

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(518) 371-8910 1 HIV status. 2 The very same federal report that I 3 made reference to a bit earlier mentioned that 4 significant numbers of people, notwithstanding 5 the wisdom of undergoing this prophylaxis, 6 choose to opt out somewhere along the line. 7 It may well be side effects, it may well be 8 potential toxicity. But some of them choose 9 to opt out. 10 These are decisions that you or I 11 may disagree with, but these are decisions 12 that were made without this bill even being on 13 the books, without this bill being law. 14 People make decisions. All you can do is give 15 them the opportunity to make intelligent 16 choices. This bill enables people to make 17 intelligent choices. This bill enables the 18 victim of the vilest type of violation, where 19 she or he wishes to, to have the opportunity 20 to have that assailant tested. 21 If, based upon the information they 22 receive, they decide they don't want to pursue 23 it, they don't have to. If, based upon the 24 information they receive, they decide they 25 want to pursue it, why would anybody want to

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(518) 371-8910 1 deny them that opportunity? You'd rather they 2 wait years until after a conviction? Let me 3 figure out the wisdom of that. 4 Thank you, Madam President. I 5 certainly vote in favor of the bill, which I 6 obviously am the sponsor of. Thank you. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Saland. 9 The debate is closed. 10 The Secretary will ring the bell. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT YOUNG: Call the 16 roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT YOUNG: Senator 19 Duane, to explain his vote. 20 SENATOR DUANE: Thank you, Madam 21 President. 22 I just -- you know, the victims 23 that we're talking about are all the same 24 victims. They're all smart. They're all 25 traumatized, but they're all smart, and

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(518) 371-8910 1 they're able to make the best decisions for 2 themselves. 3 You know, I wish that when I got 4 infected in the late '70s, early '80s, that a 5 prophylactic existed at all that I could have 6 taken within 36 hours so I wouldn't be in the 7 fix that I'm in now. No matter who my partner 8 was. I don't care. They didn't do it on 9 purpose to me. But I wish I could have not 10 seroconverted. 11 And I know there are some people -- 12 and I hope, and, you know, I don't think it's 13 anyone here -- think that I'm here to protect 14 the HIV-positive predators, that that's my 15 job. But that's not why I'm here. I'm here 16 to stop the transmission of HIV. I mean, 17 that's a big part of my life's work. That's 18 why I disclosed -- that's why, frankly, I'm 19 probably sort of unemployable and uninsurable 20 if I leave here. 21 So I'm here so that less people get 22 into the same fix that I'm in, and that those 23 who are get treatment as fast as possible. 24 I'll be voting no, Madam President. 25 ACTING PRESIDENT YOUNG: Thank

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(518) 371-8910 1 you, Senator Duane. 2 Senator Montgomery, to explain her 3 vote. 4 SENATOR MONTGOMERY: Yes, Madam 5 President, to explain my vote. 6 I first want to thank Senator Duane 7 for his passion on this. But I want to send a 8 message to all of those ministers that I've 9 tried to convince and influence to be involved 10 in getting our churches and parishioners and 11 citizens involved in testing. 12 Because while the sex offense -- 13 the victims of sexual abuse and rape are 14 extremely important, it's important for us to 15 address that, I have thousands and thousands 16 of other victims, not of rape, but of having 17 encounters with people who are HIV-positive 18 and they don't know it. It's consensual, 19 Madam President. It's those people who engage 20 in consensual relationships where they do not 21 know, they do not have the knowledge of the 22 status of their partners. Those are the 23 victims that I speak to. 24 I do not want any leader in my 25 district, my community, to back away from the

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(518) 371-8910 1 fact that everyone should be tested. It 2 should not be a matter of whether or not 3 you've committed a crime. It should be a 4 matter that we want to stem this disease for 5 which we have no cure. 6 So I'm voting no. I do not want 7 you to think that I'm voting against victims 8 of rape. I am voting for the victims who are 9 victimized simply because they do not know the 10 status of their partners. 11 I vote no. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Montgomery. You will be recorded 14 as a no. 15 Announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1043 are 18 Senators Breslin, Dilan, Duane, Gonzalez, 19 Hassell-Thompson, Huntley, L. Krueger, 20 Montgomery, Oppenheimer, Parker, Perkins, 21 Sabini, Schneiderman and Smith. 22 Absent from voting: Senators 23 Connor and C. Kruger. 24 Ayes, 44. Nays, 14. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 That completes the controversial 3 calendar, Senator Libous. 4 SENATOR LIBOUS: Madam President, 5 could we please return to motions and 6 resolutions. 7 Senator Griffo has Resolution 8 Number 2815 at the desk. And could we have 9 the title read, please. 10 ACTING PRESIDENT YOUNG: Motions 11 and resolutions. 12 The Secretary will read. 13 THE SECRETARY: By Senators 14 Griffo, Bonacic, Larkin, Libous, Seward and 15 Valesky, Legislative Resolution Number 2815, 16 urging the New York State Congressional 17 Delegation to repeal or modify certain 18 provisions of the Energy Policy Act of 2005, 19 and opposing the designation of national 20 interest electric transmission corridors. 21 ACTING PRESIDENT YOUNG: Senator 22 Griffo, on the resolution. 23 SENATOR GRIFFO: Madam President, 24 we all know that there's a great importance to 25 development of a comprehensive energy policy,

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(518) 371-8910 1 and we're hopeful that the Governor will give 2 that his attention and focus his resources to 3 help to craft a comprehensive energy policy. 4 As a result of that right now being 5 somewhat missing, we have a number of 6 different proposals which really can cause 7 problems across this state. We in an 8 eight-county area are suffering with a 9 proposal that would have a negative impact 10 economically, environmentally and from a 11 health perspective. 12 This resolution essentially talks 13 about the Energy Policy Act of 2005. What 14 should be of most concern is it allows the 15 federal government in many instances to 16 override what our own Public Service 17 Commission would be doing relative to 18 transmission in other areas once the area is 19 designated as a national interest corridor. 20 So today, to give you an example, 21 my concern is that there seems an arrogance on 22 the part of the federal government. Today 23 they hold a hearing outside of the area 24 impacted by this particular proposal that we 25 are confronting right now, and they will allow

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(518) 371-8910 1 people only two minutes to speak. So to me, 2 it's a sham. It doesn't really indicate that 3 there's a willingness or a responsiveness to 4 understand and heed the concerns of the people 5 that will be impacted by this type of a 6 proposal. 7 So what we are requesting here, and 8 hopefully we will have people join us, is that 9 we revisit the Energy Policy Act of 2005, that 10 we look at the areas that are really 11 infringing upon states' rights. And I think 12 that's really important and essential that we 13 ensure that states' rights are protected and 14 we work very hard to continue to focus our 15 energies on the creation of a comprehensive 16 energy policy that will serve the interests of 17 this state from a variety of means, from 18 alternative energy, from conservation, from 19 generation and a number of other factors. 20 So I hope that we can gain support. 21 I know there are a number of other of my 22 colleagues who are also impacted by this. 23 Thank you, Madam President. 24 ACTING PRESIDENT YOUNG: Thank 25 you, Senator Griffo.

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(518) 371-8910 1 Senator Bonacic, on the resolution. 2 SENATOR BONACIC: Thank you, 3 Madam President. 4 I too join with Senator Griffo to 5 protest the NYRI line that flies in conflict 6 with the will of the people in eight counties. 7 The county legislatures have voted no against 8 this line. The constituents that live in the 9 eight counties, close to 2 million people, 10 almost unanimously have voted no. 11 The Public Service Commission of 12 the State of New York has rejected the NYRI 13 application as incomplete. This Legislature 14 has voted to take away NYRI-like transporter 15 companies, their right of eminent domain, 16 which Governor Pataki signed into law. 17 Having said all of that, NYRI goes, 18 with their high-powered lobbyists and lawyers, 19 to Washington, and they get a designation of a 20 national corridor. And inherent in that 21 designation, these are the things that happen. 22 Number one, they tell the State of 23 New York that they do have the right of 24 eminent domain and they can roll the State of 25 New York and trample the rights of the

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(518) 371-8910 1 constituents and of this body in forcing this 2 power line through eight counties. 3 By the fact that the Department of 4 Energy declared that this was a national 5 corridor, it created an energy tax on 6 2 million people, by raising the energy rates 7 upstate by 5 to 7 percent if this project goes 8 forward and lowering the rates in New York 9 City to bring more power. 10 This is bad public policy. We in 11 this Legislature and the government in this 12 Legislature and the Governor have the vision 13 and the responsibility to meet the energy 14 demands of the whole state, including the City 15 of New York. And we believe that the best way 16 to do that is the Article X siting process 17 where you put the plants closer to the areas 18 where the demand is. 19 In addition, the independent power 20 grid has indicated that New York City will not 21 need the increased power for at least a 22 decade. And there's four or five other 23 projects out there, coming from Pennsylvania, 24 Jersey and other parts. 25 But no, NYRI, a bunch of foreign

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(518) 371-8910 1 investors, arrogant, motivated by greed, 2 doesn't care about the will of the people, 3 wants to jam us with this project. 4 What this resolution says is we 5 will stand together. Pennsylvania has said 6 no. We are saying no. 7 And you know, the irony, the 8 Department of Energy held two hearings, one in 9 Manhattan and one today in Rochester. Not one 10 in the affected area, from Utica up including 11 the eight counties into Orange County. They 12 don't dare come in and have a public hearing 13 and face the people to hear the people's 14 concerns. To me, they don't want to hear. 15 So I join with Senator Griffo, 16 Senator Libous, Senator Larkin, Senator 17 Valesky, and Senator Seward. We are one to 18 fight this line, and we will continue to fight 19 it. And this Majority in this house has put 20 up a million dollars so far, as well as the 21 counties have put up money. Individual people 22 whose lives and property are affected have 23 contributed to this war chest. 24 So if our federal officials cannot 25 get it done in stopping this line in

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(518) 371-8910 1 Washington, I think at some point we're going 2 to have to step up and increase the war chest 3 and have a lawsuit in the federal court to 4 declare Washington's Energy Act 5 unconstitutional as it tramples states' 6 rights. 7 So the fight continues, and we are 8 committed to stopping NYRI kinds of lines that 9 contaminate our environment, hurt our property 10 values, raise our rates upstate, and are 11 questionable as to health hazards. 12 For all those reasons, I thank 13 Senator Griffo for bringing this forward, and 14 I vote yes. 15 Thank you, Madam President. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Bonacic. 18 Senator Seward, on the resolution. 19 SENATOR SEWARD: Thank you, Madam 20 President. 21 I join with Senator Griffo and my 22 other colleagues in supporting this resolution 23 and speaking out against the NYRI line and 24 also speaking out against the federal 25 involvement in what should be a state issue.

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(518) 371-8910 1 For the past 15 months or so, those 2 people in the eight counties that are impacted 3 by this proposed NYRI line have truly been 4 under assault, because this proposal has all 5 negatives for those eight counties and the 6 people that call those eight counties home. 7 It impacts the aesthetics and the environment 8 of our area and also negatively impacts our 9 economy. 10 And we have a perfectly good 11 process at the Public Service Commission right 12 here in New York State. We have been 13 directing efforts at the state level to fight 14 this line. The PSC has heard our pleas. They 15 have in fact declared the application of NYRI 16 incomplete. 17 But the NYRI group, as Senator 18 Bonacic says, of foreign investors, they're 19 making an end run around New York State and 20 our process here. They've gone to the federal 21 government to have this area declared one of 22 these federal energy transmission corridors. 23 This is an end run around the people of these 24 eight counties and the people of New York 25 State.

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(518) 371-8910 1 But the federal law allows that, 2 and this is why this resolution is so 3 critical. Because in this resolution we are 4 asking our Congressional delegation to change 5 the federal law to bring back the -- 6 ACTING PRESIDENT YOUNG: Excuse 7 me, Senator Seward. 8 Could we have some order in the 9 chamber, please. What the Senator is saying 10 is very important. 11 SENATOR SEWARD: Thank you, Madam 12 President. 13 We're asking our federal 14 representatives to change the law so as to 15 bring back our right as a state and as a 16 people to determine our own energy future and 17 make these decisions right here in New York 18 State. 19 Because there are better ways than 20 building this transmission line. 21 Conservation, new generation, a route for a 22 line that does not so negatively impact so 23 many people. There are many other routes to 24 go. 25 So this resolution is critically

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(518) 371-8910 1 important to eight counties, but it could 2 happen anywhere in New York State. We are all 3 under, potentially, assault by this federal 4 law. We need to see the law changed. 5 With this resolution, Pennsylvania 6 has passed an identical one, so we are looking 7 to join with other states to stand up to the 8 federal government and say we will make energy 9 decisions for ourselves and we're perfectly 10 capable of doing so on behalf of our people. 11 So, Madam President, I'm fully 12 supportive of this resolution. It's very, 13 very important to our people. And I urge its 14 passage. 15 ACTING PRESIDENT YOUNG: Thank 16 you, Senator Seward. 17 Senator Valesky. 18 SENATOR VALESKY: Thank you, 19 Madam President. On the resolution, a couple 20 of observations. 21 First of all, I want to thank 22 Senator Griffo for bringing this resolution 23 for the floor and thank my colleagues Senator 24 Bonacic, Senator Seward, Senator Libous, 25 Senator Larkin.

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(518) 371-8910 1 This is an example -- and there's 2 certainly no need for me to repeat the myriad 3 of reasons to support this resolution and to 4 oppose the power line proposal. Let me 5 observe that this is a perfect opportunity to 6 stress what bipartisan cooperation can do at 7 all levels of government, local and state. 8 Elected officials coming together, working on 9 behalf of their constituents to fight a 10 project that would be devastating to 11 communities throughout this region. 12 Let me also state for the record 13 the effort and support that grassroots 14 organizations throughout these eight counties 15 have done in fighting the NYRI project. It is 16 truly remarkable, and they need to be 17 applauded at every turn. 18 And finally, I want to speak just 19 for a moment on the process of bringing this 20 resolution to the floor. Because as we all 21 know, each week we consider resolutions that 22 honor individuals for significant 23 achievements, congratulate couples on 24 milestone wedding anniversaries, salute and 25 honor New Yorkers who deserve special

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(518) 371-8910 1 recognition. And of course that becomes an 2 official part of the record of the State of 3 New York. 4 But what we do not do often is take 5 up a resolution like this on the floor, a 6 resolution that memorializes Congress to take 7 action. And I think that's appropriate. I 8 think that we should save that type of a 9 resolution for instances that are so egregious 10 or actions from the federal government that 11 are so egregious that states such as the State 12 of New York, the State of Pennsylvania, see 13 fit to memorialize their members of their 14 Congressional delegation to overturn that type 15 of action. 16 And that is exactly what we are 17 doing today. We are urging the federal 18 government to right a wrong that they made a 19 couple of years ago. This proposal, the 20 regional interconnect proposal, is wrong. And 21 the fact that the federal government could 22 step in and overturn what the State of 23 New York does is wrong as well. 24 So again, thank you, Senator 25 Griffo, for bringing this resolution to the

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(518) 371-8910 1 floor. And I know that my colleagues will 2 continue to work together, and we will 3 continue to take whatever action is necessary 4 to fight this project. 5 Thank you very much, Madam 6 President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Valesky. 9 Senator Duane. 10 SENATOR DUANE: Thank you, Madam 11 President. 12 I very much agree with what all of 13 my colleagues have said about this resolution. 14 It's absolutely true that the interference in 15 New York State on the part of the federal 16 government is wrong and outrageous. 17 And I also want to make the point 18 that this is not, should not be, and cannot be 19 upstate versus downstate. Because we're 20 actually one state, one state that has power 21 needs and one state which needs to protect its 22 economy and its rights. And in fact, there 23 are other ways to bring power, to the extent 24 that it's needed in New York City, to New York 25 City. Which, as is so often the case, have

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(518) 371-8910 1 not been adequately addressed and which would 2 provide appropriate avenues to bring power to 3 New York City. 4 So I commend the authors of this 5 resolution. It is right on target. And I 6 want to say that if the roles were reversed, 7 that as many of us who are standing with our 8 colleagues from upstate are standing with them 9 now, so too am I sure that they would stand 10 with us. 11 Thank you, Madam President. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Duane. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, Madam 16 President. 17 I too want to congratulate and 18 thank Senator Griffo and join with my 19 colleagues in this resolution. 20 And I don't want to repeat 21 everything that they have said. But I guess 22 my concern deals around the arrogance of the 23 federal government and the Department of 24 Energy. It goes back to what some of my 25 colleagues said.

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(518) 371-8910 1 To have two hearings on this issue, 2 to have one in New York City and one in 3 Rochester, which is outside of the corridor, 4 where there are people who are within the 5 corridor who have legitimate concerns that 6 have been expressed by a number of hearings 7 that this body has held -- and again, as 8 Senator Valesky has said, they have been 9 bipartisan. They have been with members of 10 both sides of the aisle. They have been with 11 members of the Assembly and both political 12 parties. 13 And it is an issue where I can't 14 find anyone who's in favor of this except for 15 the people from NYRI and the investors who 16 stand to make millions of dollars. 17 And I think one of the hidden 18 things -- and maybe it was mentioned by one of 19 my colleagues -- but what happens to upstate 20 and the Hudson Valley under this is that our 21 utility rates, our rates will go up if this 22 project goes through. And we have some of the 23 highest utility rates right now in the state. 24 We can't afford individuals to pay any more 25 than they already do when it comes to

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(518) 371-8910 1 utilities in this state. 2 So, Madam President, again, I 3 stress on the arrogance of big government, the 4 federal government in this case, the 5 Department of Energy, who would snub their 6 noses at our constituency and dare have a 7 hearing on an issue -- it would be like us 8 having hearings on a piece of legislation and 9 going to the state of Pennsylvania as they 10 affect New York State. 11 That's what they're doing to us. 12 They're going outside of the area so that 13 tonight in Rochester people from my district 14 and my colleagues' districts cannot attend, 15 making it inconvenient to hear -- and then as 16 Senator Griffo mentioned, they have two 17 minutes to testify. Two minutes to testify on 18 such an important issue. Unheard of. 19 So it is with great enthusiasm and 20 anger that I support this resolution with my 21 colleagues and send a message to Congress, 22 send a message to the Department of Energy and 23 to anyone who will listen in the federal 24 government: Please, don't be arrogant on this 25 issue. It affects many citizens within the

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(518) 371-8910 1 corridor, people that we represent, people 2 that can't pay higher utility rates, people 3 that are fed up with the arrogance of big 4 government. 5 ACTING PRESIDENT YOUNG: Thank 6 you, Senator Libous. 7 Senator Marcellino, on the 8 resolution. 9 SENATOR MARCELLINO: Thank you, 10 Madam President. 11 I also rise to support this 12 resolution. We in the downstate region -- it 13 was mentioned earlier that we shouldn't be 14 pitting upstate versus downstate. I agree. 15 In the downstate region we're fighting a 16 proposal by the federal government to put a 17 floating liquified natural gas facility in the 18 middle of Long Island Sound, called 19 Broadwater. 20 This is a situation where the 21 federal government is imposing its will on the 22 locality. They simply don't want to talk to 23 us, they simply will not talk to us, they 24 simply are ignoring the wishes of the region 25 and simply saying, We need alternative energy,

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(518) 371-8910 1 we need to do this, therefore you locals, 2 you're all NIMBYs, you're all going to say no 3 anyway, you're not going to give us 4 alternatives, you're going to say no, so 5 therefore we're going to push it down your 6 throats whether you want it or not, whether 7 you have viable alternatives or not. 8 This is what is going on right now. 9 You see it here in the upstate region. We are 10 facing it in the downstate region. This is 11 due to the simple lack of a cohesive energy 12 policy on the part of this government. The 13 federal government does not have a cohesive 14 energy policy. 15 The liquified natural gas, by the 16 way, that they're trying to impose upon the 17 downstate area to relieve us of fossil fuel 18 reliance is fine liquified natural gas. So 19 far from relieving us from the reliance of 20 other sources, it's putting us more dependent 21 upon outside sources for energy. It's not a 22 good thing for this country, and it's not a 23 good thing for the region. 24 This resolution telling our federal 25 elected officials to go back to the table and

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(518) 371-8910 1 make an energy policy that is meaningful, one 2 that works, one that includes the wishes and 3 the desires and the concerns of the 4 localities -- because believe it or not, the 5 locals know best what goes or what should go 6 into their areas and into their communities. 7 We need this resolution to be taken seriously. 8 A unanimous vote in support of this 9 resolution will go a long way to tell our 10 federal representatives and to tell the 11 federal government it's time, enough is 12 enough, it's time for them to develop a 13 cohesive energy policy in this country. We 14 need one desperately. 15 Thank you, Madam President. 16 ACTING PRESIDENT YOUNG: Thank 17 you, Senator Marcellino. 18 Senator Larkin, on the resolution. 19 SENATOR LARKIN: Thank you, Madam 20 President. 21 You know, there are people saying 22 that -- and Senator Duane said New York City 23 needs power. But I never see New York say: 24 Build the generators in my backyard. 25 We're past that "my backyard."

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(518) 371-8910 1 I've got correspondence from the Secretary of 2 Energy's office where in fact he's just kind 3 of said, Don't worry about it, we'll do what 4 we want and you'll have to live with it. 5 That's our trouble. There was just 6 a major meeting in Washington on this, and a 7 Congressman from our area couldn't get his 8 Democratic Congressmen to help him pass the 9 bill. Senator Serrano's father said this is a 10 bigger issue than upstate New York. Well, I 11 don't think it's a bigger issue. 12 The issue we're talking about -- 13 then you heard Carl Marcellino talk about his 14 issue. When do we sit down and tell the 15 federal government, with our Congress, who 16 said we're now in the majority, let's do 17 something? Let's get down to facts and say 18 what we're going to do to help the people. 19 My colleague John Bonacic testified 20 at a hearing last week, and I thought John 21 just put his head out the window. Because 22 when I heard it, John just made no bones about 23 it. You know, get off our back and do 24 something. 25 This is a serious issue. And, you

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(518) 371-8910 1 know, you want us to help you in Washington? 2 We want you to help us here. This is a matter 3 of utmost importance to us not in just the 4 Hudson Valley, but it comes from Utica down 5 and it comes into my territory after it passes 6 John's. And the attitude is, you know, you're 7 just helping New York City. 8 No, you're not. Because if you 9 want to help New York City, then let the City 10 Council come up and say to us, We want to 11 build systems in New York City. That's what 12 they want, I'll support it. 13 I want every one of you on that 14 side of the aisle to join with us. Because 15 it's serious for us. Because today it's us; 16 tomorrow it will be you. And then you'll be 17 asking us for help. Just remember '75 and the 18 bailout. Upstate hung together and helped 19 New York City on their bailout. 20 This is a bailout. This is telling 21 the federal government we are not going to be 22 pushed around. We have an issue that involves 23 our health, it involves our cost of energy, 24 and it also calls a little bit of rumbling 25 over us. The Energy Department, they could

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(518) 371-8910 1 care less. 2 And when you think that we had a 3 resolution in Congress and we couldn't get our 4 members in the majority to rally around one of 5 their own members, and they let something very 6 precious to us be defeated. So I would hope 7 that you in this chamber would stand up and 8 join us and say, unanimously, we support this 9 resolution. 10 Thank you, Madam President. 11 ACTING PRESIDENT YOUNG: Thank 12 you, Senator Larkin. 13 The question is on the resolution. 14 All those in favor signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT YOUNG: Opposed, 17 nay. 18 (Response of "Nay.") 19 ACTING PRESIDENT YOUNG: The 20 resolution is adopted. 21 Senator Libous. 22 SENATOR LIBOUS: Could we, Madam 23 President, return to motions and resolutions. 24 I believe we have some housekeeping. And call 25 on Senator Farley, please.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Senator 2 Farley. 3 SENATOR FARLEY: Thank you, Madam 4 President. 5 On behalf of Senator Nozzolio, I 6 wish to call up his bill, Print Number 5000, 7 recalled from the Assembly, and it's now at 8 the desk. 9 ACTING PRESIDENT YOUNG: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 1079, by Senator Nozzolio, Senate Print 5000, 13 an act in relation to legalizing. 14 SENATOR FARLEY: Madam President, 15 I now move to reconsider the vote by which 16 this bill passed. 17 ACTING PRESIDENT YOUNG: The 18 Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 SENATOR FARLEY: Madam President, 23 I now offer the following amendments. 24 ACTING PRESIDENT YOUNG: The 25 amendments are received.

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(518) 371-8910 1 Senator Libous. 2 SENATOR LIBOUS: Madam President, 3 would you recognize Senator Duane, please. 4 ACTING PRESIDENT YOUNG: Senator 5 Duane. 6 SENATOR DUANE: Madam President, 7 would you recognize Senator Dilan. 8 ACTING PRESIDENT YOUNG: Senator 9 Dilan. 10 SENATOR DILAN: Madam President, 11 there will be an immediate meeting of the 12 Minority conference in the Minority Conference 13 Room, Room 315. 14 ACTING PRESIDENT YOUNG: 15 Immediate meeting of the Minority conference 16 in the Minority Conference Room, Room 315. 17 The Senate will stand at ease. 18 Or no, I'm sorry. Senator Libous. 19 SENATOR LIBOUS: I think, Madam 20 President, you're doing an outstanding job. 21 Would you go ahead and call as you -- the 22 Senate will stand at ease temporarily. 23 ACTING PRESIDENT YOUNG: The 24 Senate will stand at ease. 25 (Whereupon, the Senate stood at

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(518) 371-8910 1 ease at 5:43 p.m.) 2 (Whereupon, the Senate reconvened 3 at 6:31 p.m.) 4 ACTING PRESIDENT MAZIARZ: The 5 Senate will come to order. 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: May we 8 please have the reading of the 9 noncontroversial supplemental calendar. 10 ACTING PRESIDENT MAZIARZ: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 376, by Senator DeFrancisco, Senate Print 14 2067, an act to amend the Judiciary Law. 15 ACTING PRESIDENT MAZIARZ: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MAZIARZ: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 376 are 24 Senators Duane, LaValle, Maltese, Padavan, 25 Rath, Saland and Volker.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: To explain 4 my vote. 5 ACTING PRESIDENT MAZIARZ: 6 Senator DeFrancisco, to explain his vote. 7 SENATOR DeFRANCISCO: Back about 8 ten years ago, there was an end of an 9 experiment for a temporary cameras in the 10 courtroom period of time. And at the 11 conclusion of that experiment, a report was 12 issued which indicated that the recommendation 13 was for this to continue. 14 It hasn't continued over the last 15 ten years. And in that ten years, many things 16 have happened with respect to openness of 17 government. The proceedings that we have here 18 in chambers are all open to the public and 19 televised. The same is true of the Assembly. 20 The leaders' meetings that are public are 21 televised, as are many of the joint conference 22 committee meetings. 23 This is another step towards the 24 openness of government. It is also a bill 25 that protects those who need to be protected.

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(518) 371-8910 1 But it gives no one a veto power over cameras 2 in the courtroom. It's up to the sound 3 discretion of the judge. And it lists various 4 factors that the judge must consider. 5 And in fact, sensitive witnesses 6 and undercover agents and the like, they will 7 have protection by either obscuring the view 8 of their faces or turning off the audio that 9 may be all that's being done in the course of 10 that proceeding. 11 So this I believe is a very good 12 bill. It's in the discretion of the judges. 13 In addition, it calls for training for judges. 14 And it also calls for monitoring by the Office 15 of Court Administration to make sure it is 16 working as intended. 17 I vote aye. 18 ACTING PRESIDENT MAZIARZ: 19 Senator DeFrancisco will be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 52. Nays, 23 7. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1598, by Senator Larkin, Senate Print 1919, an 3 act to amend the Vehicle and Traffic Law. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1599, by Senator Little, Senate Print 4083B, 16 an act to amend Chapter 80 of the Laws of 2000 17 amending the Education Law. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar 4 Number -- 5 ACTING PRESIDENT MAZIARZ: 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: May I just 8 explain my vote. 9 ACTING PRESIDENT MAZIARZ: 10 Senator DeFrancisco, to explain his vote. 11 SENATOR DeFRANCISCO: This is 12 1599; correct? 13 ACTING PRESIDENT MAZIARZ: Yes. 14 SENATOR DeFRANCISCO: I just 15 wanted to explain, in that I voted yes and 16 it's a very good vote. And I think it's a 17 good bill. 18 However, as I said the last time we 19 extended this particular bill, the three-year 20 waiver of citizenship, I made the same 21 comments. We should provide for more 22 veterinary schools so that we are in a 23 position to have people go to vet school. 24 It's one of the most difficult 25 things that you can get into. In fact, it's

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(518) 371-8910 1 more difficult than med school, in many 2 instances. We have many people that are 3 disappointed in our country because they can't 4 get into a veterinary school because they 5 don't have enough spaces. 6 So hopefully this will be the last 7 extension and we'll do what we should have 8 done many, many years ago, provide more 9 opportunities for our residents to become 10 veterinarians, especially the residents who 11 truly want to do it but are unable to because 12 of the lack of space. 13 Thank you. 14 ACTING PRESIDENT MAZIARZ: 15 Senator DeFrancisco will be recorded in the 16 affirmative. 17 Announce the results. 18 THE SECRETARY: Ayes, 59. Nays, 19 0. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1600, by Senator Libous, Senate Print 4321, an 24 act appointing certain individuals. 25 ACTING PRESIDENT MAZIARZ: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1601, by Senator Nozzolio, Senate Print 5450, 13 an act to amend the Correction Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 59. 22 ACTING PRESIDENT MAZIARZ: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1602, by Senator Young, Senate Print 5684, an

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(518) 371-8910 1 act to amend the Agriculture and Markets Law. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MAZIARZ: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1605, by the Senate Committee on Rules, Senate 15 Print 5798, an act to amend the Tax Law. 16 ACTING PRESIDENT MAZIARZ: There 17 is a local fiscal impact note at the desk. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1606, by Senator Golden, Senate Print 5911, an 4 act to amend Chapter 642 of the Laws of 2004. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1607, by the Senate Committee on Rules, Senate 17 Print 5925, an act to amend the Tax Law. 18 ACTING PRESIDENT MAZIARZ: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1608, by Senator DeFrancisco, Senate Print 5 5967, an act to amend the Surrogate's Court 6 Procedure Act. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MAZIARZ: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1609, by Senator Leibell, Senate Print 5984, 21 an act to amend the Waterfront Commission Act. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect upon enactment into law

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(518) 371-8910 1 by the State of New Jersey. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MAZIARZ: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1610, by Senator Skelos, Senate Print 6038, an 12 act to authorize Gibson Meeting Halls, Inc. 13 ACTING PRESIDENT MAZIARZ: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MAZIARZ: 21 Announce the results. 22 THE SECRETARY: Ayes, 57. Nays, 23 2. Senators Larkin and Rath recorded in the 24 negative. 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1611, by Senator Alesi, Senate Print 6039, an 4 act to amend the Highway Law. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MAZIARZ: 13 Announce the results. 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1612, by Senator Larkin, Senate Print 428, an 19 act to amend the Real Property Tax Law. 20 ACTING PRESIDENT MAZIARZ: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MAZIARZ: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MAZIARZ: 3 Announce the results. 4 THE SECRETARY: Ayes, 58. Nays, 5 1. Senator Duane recorded in the negative. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1613, by Senator Flanagan, Senate Print 687, 10 an act to amend the Education Law. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MAZIARZ: 19 Announce the results. 20 THE SECRETARY: Ayes, 59. 21 ACTING PRESIDENT MAZIARZ: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1614, by Senator Breslin, Senate Print 800, an 25 act to amend the Real Property Tax Law.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of January 5 next succeeding. 6 ACTING PRESIDENT MAZIARZ: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MAZIARZ: 10 Announce the results. 11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1615, by Senator Maltese, Senate Print 808, an 16 act to amend the Public Officers Law. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MAZIARZ: 25 Announce the results.

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1617, by Senator Fuschillo, Senate Print 1529, 6 an act to amend the Real Property Tax Law. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MAZIARZ: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MAZIARZ: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1618, by Senator Rath, Senate Print 1866, an 21 act to amend the Real Property Tax Law. 22 ACTING PRESIDENT MAZIARZ: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of January.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MAZIARZ: 5 Announce the results. 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MAZIARZ: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1619, Senator Alesi moves to 11 discharge, from the Committee on 12 Investigations and Government Operations, 13 Assembly Bill Number 2953 and substitute it 14 for the identical Senate Bill Number 1914, 15 Third Reading Calendar 1619. 16 ACTING PRESIDENT MAZIARZ: 17 Substitution ordered. 18 The Secretary will read. 19 THE SECRETARY: Calendar Number 20 1619, by Member of the Assembly Schimminger, 21 Assembly Print Number 2953, an act in relation 22 to directing. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MAZIARZ: 6 Announce the results. 7 THE SECRETARY: Ayes, 59. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1620, by Senator DeFrancisco, Senate Print 12 2878, an act to amend the Criminal Procedure 13 Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 60th day. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MAZIARZ: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1621, by Senator Rath, Senate Print 2962, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT MAZIARZ: There 5 is a local fiscal impact note at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of April. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MAZIARZ: 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1621 are 16 Senators Duane, Hassell-Thompson, and 17 L. Krueger. 18 Ayes, 56. Nays, 3. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1622, by Senator Maziarz, Senate Print 3104, 23 an act to amend the Vehicle and Traffic Law. 24 ACTING PRESIDENT MAZIARZ: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of May. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MAZIARZ: 7 Announce the results. 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT MAZIARZ: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1624, by Senator Lanza, Senate Print 3574, an 13 act to amend the Tax Law. 14 ACTING PRESIDENT MAZIARZ: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MAZIARZ: 22 Announce the results. 23 THE SECRETARY: Ayes, 59. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1625, by Senator Leibell, Senate Print 3650, 3 an act to amend the Executive Law. 4 ACTING PRESIDENT MAZIARZ: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MAZIARZ: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MAZIARZ: 12 Announce the results. 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT MAZIARZ: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1626, by Senator Seward, Senate Print 3944, an 18 act to amend the Tax Law. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: 2 Announce the results. 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1627, by Senator Winner, Senate Print 4325, an 8 act to amend the Real Property Tax Law. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of January. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MAZIARZ: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1628, Senator Skelos moves to 23 discharge, from the Committee on 24 Investigations and Government Operations, 25 Assembly Bill Number 7451 and substitute it

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(518) 371-8910 1 for the identical Senate Print Number 4482, 2 Third Reading Calendar 1628. 3 ACTING PRESIDENT MAZIARZ: 4 Substitution ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 1628, by Member of the Assembly Farrell, 8 Assembly Print Number 7451, an act to amend 9 the Tax Law. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MAZIARZ: 18 Announce the results. 19 THE SECRETARY: Ayes, 59. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1629, by Senator Skelos, Senate Print 4488, an 24 act to authorize Young Israel of West 25 Hempstead.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MAZIARZ: 9 Announce the results. 10 THE SECRETARY: Ayes, 57. Nays, 11 2. Senators Larkin and Rath recorded in the 12 negative. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1630, by Senator Padavan, Senate Print 4639A, 17 an act to amend the Tax Law. 18 ACTING PRESIDENT MAZIARZ: There 19 is a local fiscal impact note at the desk. 20 The Secretary will read the last 21 section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first day of a 24 sales tax quarterly period. 25 ACTING PRESIDENT MAZIARZ: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MAZIARZ: 4 Announce the results. 5 THE SECRETARY: Ayes, 59. 6 ACTING PRESIDENT MAZIARZ: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1632, by Senator Seward, Senate Print 4791, an 10 act to amend the Tax Law. 11 ACTING PRESIDENT MAZIARZ: There 12 is a local fiscal impact note at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first day of a 16 sales tax quarterly period. 17 ACTING PRESIDENT MAZIARZ: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MAZIARZ: 21 Announce the results. 22 THE SECRETARY: In relation to 23 Calendar Number 1362, those recorded in the 24 negative are Senators Duane, Hassell-Thompson 25 and L. Krueger.

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(518) 371-8910 1 Ayes, 56. Nays, 3. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1634, by the Senate Committee on Rules, Senate 6 Print Number 4859, an act to authorize the 7 City of Olean. 8 ACTING PRESIDENT MAZIARZ: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 8. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MAZIARZ: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MAZIARZ: 17 Announce the results. 18 THE SECRETARY: Ayes, 59. 19 ACTING PRESIDENT MAZIARZ: The 20 bill is passed. 21 THE SECRETARY: Returning to 22 Calendar Number 1633, by Senator Saland, 23 Senate Print 4829, an act to amend the Town 24 Law. 25 ACTING PRESIDENT MAZIARZ: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MAZIARZ: 9 Announce the results. 10 THE SECRETARY: Ayes, 58. Nays, 11 1. Senator Rath recorded in the negative. 12 ACTING PRESIDENT MAZIARZ: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1636, by Senator Trunzo, Senate Print 5859, an 16 act in relation to authorizing the Village of 17 Bellport. 18 ACTING PRESIDENT MAZIARZ: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: 2 Announce the results. 3 THE SECRETARY: Ayes, 59. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1638, by Senator Saland, Senate Print 5998A, 8 an act to amend the Education Law and others. 9 ACTING PRESIDENT MAZIARZ: Read 10 the last section. 11 THE SECRETARY: Section 21. This 12 act -- 13 ACTING PRESIDENT MAZIARZ: I'm 14 sorry. Senator Saland, why do you rise? 15 SENATOR SALAND: To explain my 16 vote. 17 ACTING PRESIDENT MAZIARZ: 18 Senator Saland, to explain his vote. 19 Read the last section. 20 THE SECRETARY: Section 21. This 21 act shall take effect July 21, 2008. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MAZIARZ:

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(518) 371-8910 1 Senator Saland. 2 SENATOR SALAND: Thank you, 3 Mr. President. 4 Mr. President, this is a very 5 important real property tax relief measure, a 6 measure which accomplishes not only tax relief 7 but relieves school districts throughout 8 New York, from New York City to the 9 Adirondacks to Buffalo, from an unfunded 10 mandate that they have long complained about, 11 which is a requirement for them to pay a 12 portion of their revenues to help fund the 13 employer share of the retirement system, a 14 number that varies from year to year and a 15 number over the course of the past several 16 years that has been considerably higher than a 17 few years ago. 18 What this measure does is to 19 provide for a phase-in over a period of three 20 years whereby the state will relieve that 21 onerous responsibility from the backs of local 22 school districts. It will mean somewhere in 23 the area, based on current numbers, of about 24 $2.6 billion in tax relief. When fully phased 25 in, the City of New York will see its real

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(518) 371-8910 1 property tax and PIT similarly reduced in 2 proportion that they bear to each other. 3 And this measure is certainly one 4 that builds on the STAR tax rebate proposal 5 that I had announced back in December of '05. 6 And the combination of the two, when fully 7 phased in, would amount to some $4 billion in 8 tax relief, a sizable amount. 9 The dollars that were saved by the 10 state picking up the contribution that would 11 have otherwise been made by the local school 12 district would be required to be used to 13 reduce the local tax levy. So that that 14 amount of money that would amount to the 15 employer contribution would be required by law 16 to correspondingly reduce the local tax levy, 17 and therein provides the means by which there 18 will be relief in every school district in the 19 state. 20 Thank you very much, Mr. President. 21 And obviously I am most supportive of this 22 bill. 23 ACTING PRESIDENT MAZIARZ: 24 Senator Saland will be recorded in the 25 affirmative.

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 58. Nays, 3 1. Senator L. Krueger recorded in the 4 negative. 5 ACTING PRESIDENT MAZIARZ: The 6 bill is passed. 7 Senator DeFrancisco, that completes 8 the reading of the supplemental active list. 9 SENATOR DeFRANCISCO: Would you 10 recognize Senator Leibell, please. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Leibell. 13 SENATOR LEIBELL: Thank you, 14 Mr. President. 15 I was out of the chamber, pursuant 16 to Rule 9, at a conference committee, on 17 Calendar 376, Senate 2067, cameras in the 18 courtroom. I'd like to be recorded as in the 19 negative. 20 ACTING PRESIDENT MAZIARZ: The 21 record will so reflect. 22 SENATOR LEIBELL: Thank you. 23 SENATOR DeFRANCISCO: Never mind. 24 Don't recognize him. 25 (Laughter.)

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes, there 4 will be an immediate meeting of the Rules 5 Committee, at which time various bills will be 6 taken up. And the report will come back here, 7 and they will be dealt with tomorrow. 8 And before we leave for the Rules 9 Committee, would you please recognize Senator 10 Schneiderman. 11 ACTING PRESIDENT MAZIARZ: 12 Senator Duane was actually up first, Senator 13 DeFrancisco. 14 Senator Duane. 15 SENATOR DeFRANCISCO: I didn't 16 see him. 17 ACTING PRESIDENT MAZIARZ: How 18 could you miss Senator Duane, Senator 19 DeFrancisco? 20 The chair recognizes Senator Duane. 21 SENATOR DUANE: Mr. President 22 with the excellent eyesight, on page 54 I 23 offer the following amendments to Calendar 24 Number 1604, Senate Print 5745, and ask that 25 said bill retain its place on Third Reading

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(518) 371-8910 1 Calendar. And it's on behalf of Senator 2 Stachowski. 3 ACTING PRESIDENT MAZIARZ: The 4 amendments are received, and the bill will 5 retain its place on the Third Reading 6 Calendar. 7 Senator Schneiderman. 8 SENATOR SCHNEIDERMAN: Thank you, 9 Mr. President. 10 Pursuant to Rule 9, I was required 11 to be at the conference committee, along with 12 my esteemed colleagues Senator Leibell, 13 Senator DeFrancisco, and others. And I would 14 like to cast my vote in the negative on 15 Calendar 376. I was going to vote yes, but 16 then you recognized Senator Duane before me, 17 so . . . 18 (Laughter.) 19 ACTING PRESIDENT MAZIARZ: The 20 record will so reflect. 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Mr. President, 23 I wish to call up, on behalf of Senator 24 Robach, Print Number 2616A, recalled from the 25 Assembly, which is now at the desk.

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(518) 371-8910 1 ACTING PRESIDENT MAZIARZ: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 624, by Senator Robach, Senate Print 2616A, an 5 act to amend the State Finance Law. 6 SENATOR NOZZOLIO: Mr. President, 7 I now move to reconsider the vote by which 8 this bill was passed. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll on reconsideration. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 SENATOR NOZZOLIO: Mr. President, 14 on behalf of Senator Robach, I now offer the 15 following amendments. 16 ACTING PRESIDENT MAZIARZ: The 17 amendments are received and adopted. 18 Senator Nozzolio. 19 SENATOR NOZZOLIO: Mr. President, 20 on page number 53, on behalf of Senator 21 Golden, I offer the following amendments to 22 Calendar Number 1569, Senate Print Number 23 5729, and ask that said bill be placed on 24 Third Reading Calendar. 25 ACTING PRESIDENT MAZIARZ: The

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(518) 371-8910 1 amendments are received and adopted, and the 2 bill will retain its place on Third Reading 3 Calendar. 4 Senator DeFrancisco. 5 SENATOR DeFRANCISCO: Is there 6 any more housekeeping? 7 ACTING PRESIDENT MAZIARZ: No, 8 Senator. 9 SENATOR DeFRANCISCO: The Senate 10 will be at ease until the Rules Committee 11 completes its meeting and bring in its report. 12 ACTING PRESIDENT MAZIARZ: There 13 will be an immediate meeting of the Rules 14 Committee in the Majority Conference Room, 15 Room 332. 16 The Senate will stand at ease. 17 (Whereupon, the Senate stood at 18 ease at 6:54 p.m.) 19 (Whereupon, the Senate reconvened 20 at 7:01 p.m.) 21 SENATOR SKELOS: Mr. President. 22 ACTING PRESIDENT STACHOWSKI: 23 Senator Skelos. 24 SENATOR SKELOS: If we could 25 return to reports of standing committees, I

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(518) 371-8910 1 believe there's a report of the Rules 2 Committee at the desk. I ask that it be read 3 at this time. 4 ACTING PRESIDENT STACHOWSKI: 5 Reports of standing committees. 6 The Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 1467, by Senator 11 Saland, an act to amend Chapter 472 of the 12 Laws of 1998; 13 1634, by Senator Fuschillo, an act 14 to amend the Tax Law; 15 1842A, by Senator LaValle, an act 16 to amend the Tax Law; 17 2082, by Senator Larkin, an act to 18 amend the Education Law; 19 2329, by Senator Rath, an act to 20 amend the Tax Law; 21 2560, by Senator C. Kruger, an act 22 to amend the General Business Law; 23 3417, by Senator Maltese, an act to 24 amend the General Municipal Law; 25 3830C, by Senator Larkin, an act to

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(518) 371-8910 1 amend the Tax Law; 2 4571, by Senator Young, an act to 3 amend the Real Property Tax Law; 4 4713, by Senator Leibell, an act 5 authorizing; 6 4858A, by the Senate Committee on 7 Rules, an act to amend the Tax Law; 8 5011, by Senator Alesi, an act to 9 amend the Tax Law; 10 5092, by Senator DeFrancisco, an 11 act to amend the Penal Law; 12 5248A, by Senator Winner, an act to 13 amend the Executive Law; 14 5425A, by Senator Padavan, an act 15 to amend the Tax Law; 16 5654A, by Senator Leibell, an act 17 to amend the Town Law; 18 5698, by Senator Morahan, an act to 19 amend the Real Property Tax Law; 20 5753A, by the Senate Committee on 21 Rules, an act to amend the Tax Law; 22 5891, by Senator Young, an act to 23 amend Chapter 78 of the Laws of 1981; 24 5919, by Senator Nozzolio, an act 25 to amend the Agriculture and Markets Law;

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(518) 371-8910 1 5928, by Senator O. Johnson, an act 2 to authorize; 3 5932, by Senator Saland, an act to 4 amend Chapter 748 of the Laws of 1991; 5 5992, by Senator Golden, an act to 6 amend the Real Property Tax Law; 7 6022, by Senator Padavan, an act to 8 amend the Retirement and Social Security Law; 9 6049, by Senator Winner, an act to 10 amend the Executive Law; 11 And Senate Print 6079, by Senator 12 Volker, Concurrent Resolution of the Senate 13 and Assembly. 14 All bills ordered direct to third 15 reading. 16 SENATOR SKELOS: Mr. President, I 17 move to accept the report of the Rules 18 Committee. 19 ACTING PRESIDENT STACHOWSKI: All 20 in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT STACHOWSKI: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT STACHOWSKI: The

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(518) 371-8910 1 Rules report is accepted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 is there any further business at the desk? 5 ACTING PRESIDENT STACHOWSKI: No 6 further business at the desk. 7 SENATOR SKELOS: Thank you, 8 Mr. President. 9 There being no further business, I 10 move we stand adjourned until Wednesday, 11 June 13th, at 11:00 a.m. 12 ACTING PRESIDENT STACHOWSKI: On 13 motion, the Senate stands adjourned until 14 Wednesday, June 13th, at 11:00 a.m. 15 SENATOR SKELOS: Thank you. 16 (Whereupon, at 7:04 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25

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(518) 371-8910