Tuesday, May 13, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 13, 2008 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 Please rise and join me in the 5 Pledge of Allegiance to our Flag. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: Our 9 invocation today will be delivered by Reverend 10 Bryant Lagoe, pastor of the Emmanuel Bible 11 Baptist Church in Martville. 12 REVEREND LAGOE: Let us pray. 13 Dear Heavenly Father, I come before 14 You this morning, God, thanking You for the 15 opportunity to be here. 16 Lord, I thank You for Your mercy 17 and Your grace. And, Father, I thank you that 18 I can come before You needing nothing for 19 myself but to pray for these people, men and 20 women representing this great state. 21 Lord, I pray that You give them 22 ready discernment and quick minds. I pray, 23 Father, You help them, Lord, to choose the 24 right and to defend the people of this state. 25 Lord, work in their hearts. Then

Candyco Transcription Service, Inc.

(518) 371-8910 1 what they do and the decisions they make, 2 Father, will have effect for years and years 3 to come, that it might bring You praise, honor 4 and glory. 5 For I pray this in Jesus', our 6 Savior's, name. Amen. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you very much, Pastor. 9 Reading of the Journal. 10 THE SECRETARY: In Senate, 11 May 12, the Senate met pursuant to 12 adjournment. The Journal of Sunday, May 11, 13 was read and approved. On motion, Senate 14 adjourned. 15 ACTING PRESIDENT MARCELLINO: 16 Without objection, the Journal stands approved 17 as read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Reports of standing committees. 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: This is the 24 report from the committee, is that what you're 25 referring to?

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Yes, sir. 3 SENATOR DeFRANCISCO: I rise in 4 order to move the nominations of several 5 judges. 6 The committee, the Judiciary 7 Committee of the Senate met this morning and 8 passed on each of their qualifications. Prior 9 to that time we individually -- or I did -- 10 reviewed the qualifications, the background 11 checks and everything else, to do a thorough 12 research on each of their backgrounds. 13 We interviewed each of the 14 individuals today, and our committee voted 15 unanimously on each of the judicial 16 nominations and found that each of the 17 nominees was well-qualified to be a judge in 18 the respective court for which he or she was 19 nominated. 20 With that in mind, if we could have 21 a little order here, so I can hear myself. 22 ACTING PRESIDENT MARCELLINO: 23 Yes. 24 And, Senator DeFrancisco, I made a 25 technical error. I would like to correct that

Candyco Transcription Service, Inc.

(518) 371-8910 1 at this point in time. 2 The Secretary will read the report 3 of the committee. 4 THE SECRETARY: Senator 5 DeFrancisco, from the Committee on Judiciary, 6 reports the following nominations. 7 SENATOR DeFRANCISCO: First I 8 would like to move the nomination of Ellen M. 9 Spodek, of Brooklyn, as a justice of the 10 Supreme Court of the Second Judicial District. 11 ACTING PRESIDENT MARCELLINO: The 12 Secretary will read. 13 THE SECRETARY: As a justice of 14 the Supreme Court of the Second Judicial 15 District, Honorable Ellen M. Spodek, of 16 Brooklyn. 17 ACTING PRESIDENT MARCELLINO: 18 Senator Liz Krueger. 19 SENATOR LIZ KRUEGER: Thank you. 20 I apologize for being so late; I wanted to 21 make sure to get here in time to second and 22 speak on behalf of my very good friend Ellen 23 Spodek. 24 And she does not live in my 25 district, she lives in Brooklyn and is a proud

Candyco Transcription Service, Inc.

(518) 371-8910 1 constituent of Martin Connor. But Ellen and I 2 go back many years ago, from before she was a 3 judge, and I wanted to stand to both support 4 her becoming an interim Supreme Court judge 5 today and to tell my colleagues how proud she 6 will do us as a Supreme Court judge. 7 She has been serving already in the 8 Brooklyn Supreme Court as an acting Supreme 9 Court judge. She has a long and honorable 10 history working as both an attorney with the 11 city and in private practice, working on 12 important issues in the Family Court system 13 and in the Civil Court system. 14 And I am delighted that Governor 15 Paterson recognized her skills and her talents 16 and nominated her to be an interim on the 17 Supreme Court, and I look forward to voting 18 for her and hope that all of my colleagues 19 will support her today. 20 Thank you, Mr. President. 21 ACTING PRESIDENT MARCELLINO: 22 Senator Connor. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 I rise to second the confirmation

Candyco Transcription Service, Inc.

(518) 371-8910 1 of Judge Ellen Spodek. She is a neighbor of 2 mine, a constituent. And I recall fondly her 3 election in 2002 to the Civil Court. 4 She has distinguished herself since 5 then, rising to be the supervising judge for 6 the Civil Court. She's done a fantastic job 7 at that. When she was an acting Family Court 8 judge she did a superb job, paying particular 9 attention to issues involving family law and 10 supervision of youth and so on. 11 And she also has an extensive 12 background in private practice prior to her 13 becoming a judge, where she exhibited a superb 14 knowledge of the law and a commitment to the 15 highest standards of lawyering. 16 So I am indeed proud to move her 17 confirmation. She will serve us very proudly, 18 I know, and do a wonderful job as a justice of 19 the Supreme Court in Kings County. I'm proud 20 to represent her here in this body. And I 21 know she will bring her considerable 22 commitment, skills, and excellent judicial 23 demeanor to serve all the people of Kings 24 County and the State of New York as a justice 25 of the Supreme Court.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator Connor. 4 The motion is on the nomination of 5 the Honorable Ellen M. Spodek, of Brooklyn, as 6 a justice of the Supreme Court of the Second 7 Judicial District. All in favor signify by 8 saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: The 14 ayes have it. 15 Judge Spodek, you are confirmed. 16 Congratulations. 17 (Applause.) 18 ACTING PRESIDENT MARCELLINO: 19 Judge Spodek is joined today by her parents, 20 Jules and Hortense Spodek; her sister and 21 brother-in-law, Susan and Ronald Glichman -- 22 if I pronounced that incorrectly, I apologize. 23 "Glickman"? Should make it with a K -- and 24 niece Melanie Glichman. 25 Congratulations once again, Judge.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Applause.) 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read. 4 THE SECRETARY: As a justice of 5 the Supreme Court of the Second Judicial 6 District, Paul Wooten, of Brooklyn. 7 ACTING PRESIDENT MARCELLINO: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: I move the 10 nomination of Paul Wooten, of Brooklyn, as a 11 justice of the Supreme Court of the Second 12 Judicial District. 13 And I would ask that you call on 14 Senator Connor for a second. 15 ACTING PRESIDENT MARCELLINO: I 16 will, if we can have a little quiet and order 17 in the chamber. 18 If you have a conversation, please 19 take it out of the chamber. 20 SENATOR CONNOR: Thank you, 21 Mr. President. 22 I had the distinct pleasure, I 23 think, of first meeting Paul Wooten in, oh, 24 1980, I guess it was, when he was actually 25 opposing counsel in a case I handled in

Candyco Transcription Service, Inc.

(518) 371-8910 1 Brooklyn. He was a relatively new lawyer 2 then, I think about two years at the bar. He 3 was a little green then, and I won the case. 4 (Laughter.) 5 SENATOR CONNOR: But what he did 6 exhibit is something that he has maintained 7 consistently throughout his professional 8 career, and that is a fantastic demeanor, 9 gentlemanly conduct, and caring for his 10 clients. 11 Subsequently, I guess it was two 12 years after that, Paul was the lead counsel in 13 a case called Flateau against Anderson -- yes, 14 that Warren Anderson. It was a redistricting 15 case in which I intervened as Senator 16 Ohrenstein's counsel on the same side as Paul. 17 And I saw him carry out that case 18 to fruition, to the point where a special 19 master was convened by a three-judge federal 20 court to draw our lines. It was later 21 resolved the old-fashioned way, but certainly 22 wouldn't have been but for the court case. 23 Subsequently, I've appeared with, 24 against, and at the same time as Paul in many, 25 many cases. He's always, with one exception,

Candyco Transcription Service, Inc.

(518) 371-8910 1 shown extraordinary judgment, and that 2 exception was when he represented my primary 3 opponent in 1992. But I forgive him for that. 4 And I've certainly, in addition to 5 the cases where we've either been opposing 6 counsel or on the same side, I've also been in 7 many a courtroom when Paul had a different 8 case than I had but I observed him doing his 9 fine work. 10 He has, as counsel, brought leading 11 civil rights and voting rights cases in 12 New York State, significant cases that have 13 gone -- one I'm certainly aware of; I think 14 there may have been another one -- to the 15 Supreme Court of the United States, one of 16 which cured a constitutional defect in the 17 entire governance of New York City. And he 18 has just established a fantastic record. 19 And despite all the accolades that 20 he so well deserves and the recognition he has 21 gotten for his landmark litigation which he 22 has brought, he has always maintained and I 23 know throughout the bar in the County of 24 Kings, and indeed in many other counties where 25 he has appeared -- and there have been quite a

Candyco Transcription Service, Inc.

(518) 371-8910 1 few of them -- he has a reputation as a 2 gentleman, as a cordial opponent, yet one who 3 is vigilant in asserting the rights of his 4 clients. 5 So I am indeed honored to second 6 the confirmation of Paul Wooten. I 7 congratulate the Governor, Governor Paterson 8 on this appointment, as well as I guess I 9 forgot to congratulate him for the last 10 appointment. But these are two great 11 appointments to the Supreme Court in Kings 12 County from our great Governor. 13 Thank you, Mr. President. 14 ACTING PRESIDENT MARCELLINO: 15 Thank you, Senator Connor. 16 Senator Smith. 17 SENATOR SMITH: Thank you very 18 much, Mr. President. 19 Let me first congratulate the 20 Governor on a superb selection, one which is 21 well-deserved. Mr. Wooten probably has 22 represented three-quarters of this chamber in 23 our conference. His decisions, his 24 appearances on behalf of civil rights issues 25 have, as my colleague Senator Connor said,

Candyco Transcription Service, Inc.

(518) 371-8910 1 have been landmark in many cases. 2 We have a number of guests who are 3 here, which speaks to how exciting, how 4 privileged we are. I see Councilman Vann, 5 former Assemblyman in the chamber, I see 6 Assemblywoman Nettie Robinson, I see 7 Councilwoman Una Clarke. 8 I understand he has family members 9 who are here with him also, his father, James 10 Wooten -- where is your father? I want to see 11 this young man. Father Wooten. Oh, no, you 12 look just like him, too. 13 (Laughter.) 14 SENATOR SMITH: His father, 15 Mr. Wooten; Lynne Elfe; Akilah Elfe Wooten, 16 his daughter. Una Clarke, his godmother, is 17 here. 18 And Senator Connor talked about 19 some of the cases that he was involved with. 20 He talked about, I guess, the decision, as 21 many of us know, with Anderson. He talked 22 about, in particular, one case that I want to 23 cite that I thought became very important to 24 many of us who are here and some of our City 25 Council members, Andrews versus Koch, which

Candyco Transcription Service, Inc.

(518) 371-8910 1 was all about the "one person, one vote," 2 which violated the 14th and the Fifth 3 Amendments of the Constitution, where they had 4 councilmen at large. 5 And Mr. Wooten saw fit to take this 6 on when many people thought he was crazy. 7 They thought, how could he take on City Hall, 8 how could he take on the entire establishment? 9 And he took that on and won the entire case. 10 Mr. Wooten has represented me 11 myself. I daresay to my colleagues on the 12 other side of the aisle, had it not been for 13 Mr. Wooten, maybe I wouldn't be here right now 14 and you wouldn't have to dislike me. 15 (Laughter.) 16 SENATOR SMITH: However, however, 17 we are very proud of this appointment by the 18 Governor. I can't tell you, Mr. Wooten -- who 19 I'm now calling Judge Wooten -- how satisfied 20 I am and what it means in my heart, what it 21 means to many of our members who know him as 22 not only a lawyer, but know him as a person 23 who his heart and his mind and the level of 24 integrity that he has is second to none. 25 I am just sorry that my good friend

Candyco Transcription Service, Inc.

(518) 371-8910 1 and colleague Assemblyman Vann, Councilman 2 Vann now, can't be standing here and provide 3 the kind of statement on behalf of this man, 4 because I know you know the history, you know 5 all from where he's come, you know those 6 hard-fought basement moments in Brooklyn where 7 you're downstairs in the basement and when you 8 had to look at petitions and you had to get 9 those early mornings of being caught, and you 10 had all of the county organizations on the 11 opposite side of that fence, as you did in 12 Queens for me. 13 Many people won't understand that 14 moment, but I do. I know my wife and I were 15 on the run when they wanted to serve us to be 16 in court the next day, and this man here made 17 sure that we were covered. And many people 18 don't know those kind of stories, but I know 19 those stories. My wife still holds the county 20 organization against that, as a matter of 21 fact. 22 But I will tell you, the judge, I 23 am so proud. And again, to the Governor, you 24 could not have picked a more worthy 25 individual.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Your time has come, there is no 2 question about it. This judgeship for you 3 clearly could have happened before, but I 4 think it's very fitting that the first 5 African-American governor had the opportunity 6 to make you a Supreme Court justice. 7 And I will just tell you, I am 8 never so proud of this day other than the fact 9 when my good friend Senator Paterson, who is 10 now the Governor, took the oath of office. 11 So to you, to your family, to my 12 colleagues Assemblywoman Annette Robinson, to 13 Councilman Al Vann, Una Clarke, this is a 14 great day for us, it's a great day for 15 Brooklyn, and I am glad that you are here in 16 the chambers to hear all the things that 17 people want to say about this great judge that 18 we're going to have. 19 Judge, congratulations to you. 20 ACTING PRESIDENT MARCELLINO: 21 Thank you, Senator Smith. 22 Senator Adams. 23 SENATOR ADAMS: Thank you, 24 Mr. President. I want to also rise. 25 I think the state's gain is my

Candyco Transcription Service, Inc.

(518) 371-8910 1 loss. I'm losing my attorney, and he's 2 becoming a judge. 3 And I want to join Senator Smith in 4 acknowledging the presence of my political 5 mentors, both Councilman Vann and 6 Assemblywoman Robinson and Councilwoman 7 Clarke. And I think we saw also Assemblyman 8 Towns that walked into the room as well. It 9 just goes to show you the love and support we 10 have for Judge Wooten. 11 I think that justice is supposed to 12 be blind, but the process must have sight to 13 see. And clearly our Governor saw the 14 competency, he saw the fairness, he saw the 15 commitment, he saw the dedication, he saw the 16 longevity, he saw the importance of not only 17 putting a black man in a black robe, but 18 putting a qualified person to diversify the 19 bench, with so many people that come before 20 them feel as though they don't see or feel 21 justice. 22 And I think the appointment of Paul 23 is the process that starts to allow some 24 countless young people that come before the 25 bench to see that not only can they come

Candyco Transcription Service, Inc.

(518) 371-8910 1 before the bench with handcuffs on, but they 2 can come before the bench to wear a black robe 3 and to participate in administering a fair 4 level of justice, born and raised in the 5 borough of Brooklyn, planting the seed of so 6 many political figures that sit behind these 7 desks here. 8 We admire Paul, we are happy for 9 Paul, we appreciate Paul. And most important, 10 we believe the state will learn to respect and 11 love Paul. 12 Congratulations to you, Judge 13 Wooten. 14 ACTING PRESIDENT MARCELLINO: 15 Senator Parker. 16 SENATOR PARKER: Thank you, 17 Mr. President. On the nomination. 18 Let me add my voice to the chorus 19 of those who are congratulating Governor 20 Paterson on this great appointment. We are 21 standing here really on the brink of history. 22 And I again also want to acknowledge some of 23 our guests, former Assemblyman, now Councilman 24 Al Vann; Assemblywoman Robinson; Assemblyman 25 Towns; and my political mentor, former

Candyco Transcription Service, Inc.

(518) 371-8910 1 Councilmember Una Clarke. 2 My first political campaign in the 3 State of New York was working for Una Clarke 4 when she ran for the City back in like 1990, 5 '91. And I had never really worked on many 6 campaigns at that point, and the attorney on 7 that case working that election was Paul 8 Wooten. 9 And I learned so much in that one 10 moment, in that time. Mostly how to keep my 11 mouth shut and how to pay attention to the 12 details. You know, Paul Wooten is a 13 taskmaster when it come to the details, and 14 somebody who is -- and this is what made him 15 just such a fine jurist. 16 I got to know him not just as an 17 attorney on other cases, but he's been my 18 attorney, both on election matters and some 19 personal matters. 20 But outside of heading his own law 21 firm, you know, he's been admitted to the bar 22 since 1978, admitted to the bar of both the 23 U.S. Supreme Court, the U.S. District Court, 24 the Eastern and Southern District Courts for 25 over 20 years.

Candyco Transcription Service, Inc.

(518) 371-8910 1 His office presently specializes in 2 federal and civil litigation affecting the 3 areas of civil rights, ballot access, public 4 policy, and community-based organizations. 5 Just so you understand how important Paul 6 Wooten is, that of all of the ballot access 7 cases that happen in the United States, 8 50 percent of them happen in New York. 9 That's not the impressive part. Of 10 the 50 percent, of all the 100 percent that 11 happen in New York, 50 percent of all the 12 ballot access cases that happen in the State 13 of New York happen in Brooklyn. And that 14 there is nobody who has been more on the front 15 lines in dealing with those cases than Paul 16 Wooten. 17 And so his firm has really been at 18 the vanguard of making sure that people's 19 rights and that ballot access has been 20 achieved, particularly for people in the 21 African-American and Latino communities. 22 He's represented tons of 23 candidates. In 1981 he was a counsel to the 24 New York State Black and Puerto Rican 25 Legislative Caucus. In 1982, he was the

Candyco Transcription Service, Inc.

(518) 371-8910 1 lead-plaintiff counsel in Flateau vs. 2 Anderson, a case in 2005, candidate for public 3 office of Kings County. In 1989 he was 4 appointed the first deputy counsel for the 5 1989 and '90 charter revision committee. In 6 1992 he was the attorney for the plaintiff 7 Congressman Major R. Owens and various 8 class-action residential and minority-class 9 voters for the 10th and 11th Congressional 10 Districts. 11 He's taken on cases for the Puerto 12 Rican Legal Defense Fund versus David Gantt. 13 In 2006 he ran as a candidate for election for 14 the U.S. Supreme Court in Brooklyn. He has 15 litigated and advised major cases in New York 16 City and New York State, redistricting and 17 reapportionment schemes that have impacted to 18 improve the lives of over 17.5 million 19 New Yorkers. 20 He has been, you know, a lecturer 21 on the law and recently conducted Election Law 22 seminars in the Supreme Court. 23 I recently had an opportunity to 24 honor him at this year's Black, Puerto Rican 25 and Hispanic Legislative Caucus Weekend, where

Candyco Transcription Service, Inc.

(518) 371-8910 1 we gave him a public service award for all of 2 his work. We did not know at that point that 3 that was going to be the prelude to making 4 history in Brooklyn. 5 He is Brooklyn's own Thurgood 6 Marshall. It is only right to see him 7 elevated to the Supreme Court. I congratulate 8 him. I congratulate his family. And I 9 congratulate the people of the State of 10 New York on adding such a high-quality person, 11 an individual of character, as we have in Paul 12 Wooten. 13 Congratulations. We love you. And 14 we're going to miss you in the courts battle 15 on the front lines. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Hassell-Thompson. 18 SENATOR HASSELL-THOMPSON: Thank 19 you, Mr. President. 20 My colleague Senator Parker has 21 left me very little to say, which is very 22 unusual. However, for Paul Wooten there's 23 always something else to be noticed. 24 Paul Wooten came to assist Senators 25 here in the State of New York to help us

Candyco Transcription Service, Inc.

(518) 371-8910 1 through the redistricting process, and that 2 was an amazing process. I had been in 3 redistricting before, but never quite this up 4 close and personal. 5 And I came away from that really 6 understanding the Voting Rights Act better 7 than I've ever understood it before. And it 8 also helped me to reestablish that I believe 9 is my role here in the State Senate. 10 And today, when I had the 11 opportunity to second his nomination in 12 Judiciary as its ranking member, I could not 13 have been more proud to know that we had taken 14 a major step toward -- and Parker even stole 15 my line -- of creating for the State of 16 New York today's Thurgood Marshall. 17 It is not an overexaggeration to 18 give that title to him for all of the honest 19 commitment and work and service that he has 20 given to the people of this state, but 21 particularly to those of people of color. And 22 he has made sure that when he went into the 23 court, he was totally prepared and he brought 24 justice to every case that he tried. That is 25 something that makes him very worthy and

Candyco Transcription Service, Inc.

(518) 371-8910 1 something that's transferable to when he 2 sits -- 3 ACTING PRESIDENT MARCELLINO: 4 Excuse me, Senator. 5 Can we have some order, please. 6 Can we take the conversations out of the 7 chamber, please. We need a little quiet so we 8 can do these nominations and hear the 9 speeches. 10 I'm sorry, Senator. 11 SENATOR HASSELL-THOMPSON: Thank 12 you, Mr. President. 13 I will wrap this up by just merely 14 saying that the justice that people have 15 received on this side of the bench guarantees 16 that they will receive it on the other side of 17 the bench. 18 And I am very proud to be one of 19 those who is seconding his nomination in these 20 Senate chambers today, because I know that the 21 State of New York is getting a good jurist in 22 Paul Wooten. 23 Thank you, Mr. President. 24 ACTING PRESIDENT MARCELLINO: Is 25 there any other Senator wishing to be heard on

Candyco Transcription Service, Inc.

(518) 371-8910 1 this nomination? 2 Senator Montgomery. 3 SENATOR MONTGOMERY: Yes, 4 Mr. President, thank you. 5 I want to rise to also join my 6 colleagues in seconding and supporting this 7 nomination of a great young jurist. 8 I want to also thank the Governor 9 for his vision, if you will. He certainly -- 10 he is blind, but he is very wise and he sees a 11 lot. So this is one of the things that I can 12 say in no uncertain terms, that he has seen 13 very well. 14 And I also want to thank a 15 colleague who is a colleague currently in the 16 City Council, but formerly in the State 17 Assembly, and that's Mr. Vann, Councilmember 18 Al Vann. 19 I think that of all of us in 20 Brooklyn and throughout the state, all of 21 those of us -- and many of us, most of us have 22 enjoyed the brilliance of Paul Wooten's work 23 on many levels. But I seem to remember that 24 it was under the tutelage of Councilman Al 25 Vann that this young man got his start.

Candyco Transcription Service, Inc.

(518) 371-8910 1 It was the mentoring, and I think 2 that it was the way that Al works with young 3 people to give them an opportunity to grow and 4 develop while he sort of gently guides them 5 and shows them what it means to have integrity 6 and to be committed to their people. 7 So I thank you, Al, for that. And 8 this certainly is, while we are giving him so 9 many accolades, it is the fruit of your work 10 with him and the guidance with him. 11 And I am extremely proud to be able 12 to say to this young man, Paul Wooten, that 13 congratulations on your appointment as judge 14 of the Supreme Court of the State of New York. 15 ACTING PRESIDENT MARCELLINO: Is 16 there any other Senator wishing to be heard? 17 Senator Perkins. 18 SENATOR PERKINS: Mr. President, 19 I didn't want to speak because -- 20 ACTING PRESIDENT MARCELLINO: 21 Thank you. 22 SENATOR PERKINS: On second 23 thought, I might have more to say than I 24 thought. 25 But so much has been said that I

Candyco Transcription Service, Inc.

(518) 371-8910 1 would have wanted to say myself. 2 But let me first thank Paul for the 3 service he has rendered before it was even 4 recognized. 5 And I want to congratulate him and 6 his family, and especially the folks from the 7 People's Republic of Brooklyn, on this 8 momentous occasion. 9 As I indicated at one point, you 10 know, Paul is like a warrior lawyer, someone 11 who dared to fight the establishment when it 12 was wrong and turned out to win, and has 13 worked very hard in the vineyards as a lawyer 14 and has proven that you can do that, be 15 respected, and ultimately be successful in 16 more than one way, not just in winning those 17 cases but being recognized, once again, by the 18 establishment, such as this august body, to be 19 someone that should be at the highest levels 20 of our system as a Supreme Court judge, and 21 thus becomes a role model for so many others 22 who are moving into the profession and will 23 therefore be inspired and emboldened to 24 realize that you can the right thing and win 25 in more ways than one.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Congratulations and thank you so 2 much for all that you've done. 3 ACTING PRESIDENT MARCELLINO: Any 4 other Senator wishing to be heard? 5 Seeing none, Senator DeFrancisco to 6 close. 7 SENATOR DeFRANCISCO: Yes, I 8 don't know Paul Wooten, but I have the feeling 9 that he's an individual that gets to the 10 point. And he's probably wondering when we're 11 going to get to the point and have a vote. 12 That seemed to be going through his mind as I 13 was watching him during these accolades. 14 But I have to -- and if you'll 15 suffer one comment, I have to set the record 16 straight. Because after Senator Connor, at 17 the Judiciary Committee meeting, mentioned 18 that he beat you in an election law case, I 19 think the record has to be complete that 20 Mr. Wooten, soon to be Judge Wooten, had his 21 fair share of victories against our esteemed 22 Senator as well. 23 (Laughter.) 24 SENATOR DeFRANCISCO: So with the 25 record complete, I wish you would call for a

Candyco Transcription Service, Inc.

(518) 371-8910 1 vote at this point in time. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator. 4 The question is on the nomination 5 of Paul Wooten, of Brooklyn, as justice of the 6 Supreme Court of the Second Judicial District. 7 All in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MARCELLINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MARCELLINO: 13 Judge Wooten, you are confirmed. 14 Congratulations, sir. 15 (Standing ovation.) 16 ACTING PRESIDENT MARCELLINO: 17 Judge Wooten is accompanied by his father, 18 James Wooten; significant other -- the 19 script's words, not mine -- Lynn Elfe; 20 daughter, Akilah Elfe Wooten; godmother Una 21 Thomlinson-Clarke; godmother Devya; New York 22 City Council members Al Vann, Dan Simonette, 23 Gail Kearney and William Robinson, and Wayne 24 Raggae. 25 Again, congratulations, Judge.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Applause.) 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read. 4 THE SECRETARY: As a judge of the 5 Westchester County Court, Susan M. Capeci, of 6 Mount Vernon. 7 ACTING PRESIDENT MARCELLINO: 8 Senator DeFrancisco. 9 SENATOR DeFRANCISCO: I move the 10 nomination of Susan M. Capeci as a judge of 11 the Westchester County Court. 12 And I would ask you to call on 13 Senator Hassell-Thompson to second the 14 nomination. 15 ACTING PRESIDENT MARCELLINO: I 16 will do that in one moment, Senator. 17 If we could -- please, if we could 18 take the congratulations -- thank you very 19 much. 20 Senator Hassell-Thompson, on the 21 nomination. 22 SENATOR HASSELL-THOMPSON: Thank 23 you, Mr. President. 24 I rise to second the nomination of 25 Susan Capeci for County Court in Westchester

Candyco Transcription Service, Inc.

(518) 371-8910 1 County. 2 Susan is a young woman that I know 3 from the City of Mount Vernon. As hometown 4 girls, as we say, it gives me great pleasure 5 to be here and have this opportunity to second 6 her nomination and to say to this body as a 7 whole that I congratulate the Governor on this 8 choice as well, for someone who has committed 9 and dedicated her life to the law and also to 10 a sense of justice to people. 11 She has been not only involved in 12 all the things that you'll see in her resume, 13 but more than that, she has committed herself 14 to people. And she believes in justice and 15 fairness, and she believes that the law is a 16 tool to use not in a punitive way but in a 17 just way. 18 And so I am very grateful to the 19 Governor and to this body for her nomination, 20 and I request that my colleagues vote with me 21 unanimously to make Susan Capeci the next 22 County Court judge in the County of 23 Westchester. 24 Thank you, Mr. President. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Senator Hassell-Thompson. 2 Senator Stewart-Cousins. 3 SENATOR STEWART-COUSINS: Yes, 4 thank you, Mr. President. 5 I also rise on behalf of Susan 6 Capeci. I represent Westchester. I don't 7 live in Mount Vernon, so she's not, as Senator 8 Hassell-Thompson would say, my homegirl. But 9 she is, in many ways, because you don't have 10 to live in Mount Vernon to have been touched 11 by the work that she brings to the entire 12 county. 13 Whether it's working on behalf of 14 incarcerated women, whether it's working on 15 behalf of children whose circumstances need a 16 little boost and a little support, whether 17 it's working and toiling in the vineyards, 18 making sure in the Yonkers Lion's Club that 19 your capacity is felt -- wherever you are in 20 Westchester, you've probably felt the work of 21 as Sue Capeci. 22 She will serve us well as a 23 Westchester County judge. 24 And I really am not only happy 25 about your nomination, but I want to say that

Candyco Transcription Service, Inc.

(518) 371-8910 1 again our Governor has presented us with such 2 a wonderful slate of judges that we will be in 3 very, very good hands judicially. 4 Thank you. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator. 7 Any other Senators wishing to be 8 heard? 9 The question is on the nomination 10 of Susan M. Capeci, of Mount Vernon, as judge 11 of the Westchester County Court. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MARCELLINO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MARCELLINO: The 18 ayes have it. 19 Congratulations, Judge Capeci. You 20 are confirmed. 21 (Applause.) 22 ACTING PRESIDENT MARCELLINO: The 23 Secretary will read. 24 THE SECRETARY: As a judge of the 25 Nassau County Court, Honorable Norman St.

Candyco Transcription Service, Inc.

(518) 371-8910 1 George, of Garden City. 2 ACTING PRESIDENT MARCELLINO: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Yes, I 5 would move the nomination of Norman St. George 6 as a judge of the Nassau County Court, and I'd 7 ask that you please call on Senator Skelos to 8 second the nomination. 9 ACTING PRESIDENT MARCELLINO: 10 Senator Skelos. 11 SENATOR SKELOS: Thank you very 12 much, Mr. President and Senator DeFrancisco. 13 It's my pleasure to second the 14 nomination of Norman St. George as judge of 15 the County Court in Nassau County. 16 One of the great things about 17 today, not one of the nominees talked to us 18 about a pay raise. So we appreciate that, 19 although we've heard from many of your 20 colleagues throughout the past six months. 21 But Norman is a very unique person, 22 a good person -- a trial lawyer, a person who 23 served in the district attorney's office, and 24 now presently a District Court judge. He's a 25 gentleman, and I believe that this body should

Candyco Transcription Service, Inc.

(518) 371-8910 1 confirm him and that Governor Paterson has 2 made an excellent recommendation for 3 confirmation. 4 So, Judge, I congratulate you on 5 your elevation. Good luck, and hopefully none 6 of us will ever appear before you. 7 ACTING PRESIDENT MARCELLINO: 8 Thank you, Senator. 9 Senator C. Johnson. 10 SENATOR CRAIG JOHNSON: Thank 11 you, Mr. President. I rise today to also 12 second the nomination of my good friend Norman 13 St. George for the County Court. 14 I've had the privilege of being in 15 the trenches with Judge St. George when he was 16 an attorney in private practice, and I've had 17 the pleasure of working with him on a number 18 of issues. 19 His resume speaks for itself, 20 whether it was as an assistant district 21 attorney in Nassau County, whether it was in 22 private practice or what he's been doing for 23 the last couple of years, serving as a 24 District Court judge in Nassau County, where 25 he was responsible for establishing the first

Candyco Transcription Service, Inc.

(518) 371-8910 1 domestic violence misdemeanor court that ever 2 existed in Nassau County. And for the past 3 number of years, he's been presiding over all 4 of the misdemeanor DWI offenses. 5 But you have to go beyond the 6 resume, and I feel it's important to speak to 7 those who appear before Judge St. George on a 8 regular basis and ask for their opinion on 9 what kind of temperament, what kind of judge 10 he has been and he will be. And what I 11 received are these fine adjectives: "Honest," 12 "fair-minded," "knowledgeable," "operates his 13 courtroom extremely efficiently," and -- the 14 most important thing for many lawyers -- 15 "punctual on the bench." 16 I commend Governor Paterson on this 17 nomination. He will make a fine County Court 18 jurist, one that we can all be proud of. So 19 it's my pleasure today again to second his 20 nomination. I look forward to voting for him 21 in the affirmative. 22 Congratulations to you, Judge St. 23 George, to your wife, Carman, and I welcome 24 also your good friend Bobby Kumar today here 25 to our chamber.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you very much. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator Johnson. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Mr. President. 7 I want to just echo the sentiments 8 of my colleagues Senator Skelos and Senator 9 Johnson. And the qualities that they've 10 talked about a new judge is what's sorely 11 needed on the bench. 12 I'm not an attorney, so it's easy 13 for me to say this. I think it's disgraceful 14 that all I read about in the papers about 15 judges is they won't hear cases from attorneys 16 that are members of law firms because they 17 didn't get a raise and they say it's a 18 conflict of interest. 19 I often wonder, when they get the 20 raise, is it not a conflict of interest then 21 to hear it? I think it's taken a little bit 22 off the -- what I always held the judges' in 23 the judiciary to be high standards. 24 I just ask that you continue on the 25 path that you've always continued on, with the

Candyco Transcription Service, Inc.

(518) 371-8910 1 honesty that you've always demonstrated on the 2 bench. I congratulate you, and I wish you the 3 best of luck. 4 ACTING PRESIDENT MARCELLINO: Any 5 other Senators wishing to be heard? 6 Seeing none, the question is on the 7 Honorable Norman St. George, of Garden City, 8 as judge of the Nassau County Court. All in 9 favor signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: All 12 opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 ayes have it. 16 Judge St. George, congratulations. 17 You are confirmed. 18 (Applause.) 19 ACTING PRESIDENT MARCELLINO: 20 Judge St. George is accompanied by his wife, 21 Carman, and his friend and my friend Bobby 22 Kumar. Congratulations, Judge. 23 Can we now go to reports of select 24 committees. 25 Communications and reports from

Candyco Transcription Service, Inc.

(518) 371-8910 1 state officers. 2 Motions and resolutions. 3 Senator Bonacic. 4 SENATOR BONACIC: Thank you, 5 Mr. President. 6 On behalf of Senator Volker, I move 7 that the following bills be discharged from 8 their respective committees and be recommitted 9 with instructions to strike the enacting 10 clause: Senate Number 3493. 11 ACTING PRESIDENT MARCELLINO: So 12 ordered, Senator. 13 SENATOR BONACIC: Mr. President, 14 we have moved to amend a bill on the calendar 15 third reading. On behalf of Senator 16 Fuschillo, on page number 47, I offer the 17 following amendments to Calendar Number 955, 18 Senate Print Number 1634A, and ask that that 19 bill retain its place on the Third Reading 20 Calendar. 21 ACTING PRESIDENT MARCELLINO: The 22 amendments are received. 23 SENATOR BONACIC: Mr. President, 24 on behalf of yourself, Senator Marcellino -- 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Who? 2 SENATOR BONACIC: -- I ask that 3 we make a motion to amend a bill also on 4 calendar third reading. On page number 41, I 5 offer the following amendments to Calendar 6 Number 886, Senate Print Number 6940, and ask 7 that said bill retain its place on the Third 8 Reading Calendar. 9 ACTING PRESIDENT MARCELLINO: The 10 amendments are accepted. 11 SENATOR BONACIC: And last but 12 not least, Mr. President, on behalf of Senator 13 Young, we move to call Bill Print Number 14 3714A, recalled from the Assembly, which is 15 now at the desk. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 82, by Senator Young, Senate Print 3714A, an 20 act to amend the Agriculture and Markets Law. 21 SENATOR BONACIC: Mr. President, 22 I now move to reconsider the vote by which 23 this bill was passed. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will call the roll on

Candyco Transcription Service, Inc.

(518) 371-8910 1 reconsideration. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 61. 4 SENATOR BONACIC: Mr. President, 5 I now offer the following amendments. 6 ACTING PRESIDENT MARCELLINO: The 7 amendments are accepted. 8 SENATOR BONACIC: Thank you very 9 much, Mr. President. 10 ACTING PRESIDENT MARCELLINO: 11 You're welcome. 12 Senator Skelos. 13 SENATOR SKELOS: I believe there 14 are two substitutions at the desk, if we could 15 make them at this time. 16 ACTING PRESIDENT MARCELLINO: The 17 Secretary will read the substitutions. 18 THE SECRETARY: On page 48, 19 Senator Larkin moves to discharge, from the 20 Committee on Agriculture, Assembly Bill Number 21 5973 and substitute it for the identical 22 Senate Bill Number 2019, Third Reading 23 Calendar 967. 24 And on page 57, Senator Flanagan 25 moves to discharge, from the Committee on

Candyco Transcription Service, Inc.

(518) 371-8910 1 Commerce, Economic Development and Small 2 Business, Assembly Bill Number 9459 and 3 substitute it for the identical Senate Bill 4 Number 6501, Third Reading Calendar 1068. 5 ACTING PRESIDENT MARCELLINO: The 6 substitutions are ordered. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 please recognize Senator Duane. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Duane. 12 SENATOR DUANE: Thank you very 13 much, Mr. President. And thank you very much, 14 Senator Skelos. 15 We are very honored today to have 16 in the chamber today Ambassador Kenneth Liao, 17 from Taiwan. 18 And as many of you know, Taiwan is 19 a very, very vibrant democracy and a good 20 friend of our country. I also have to add 21 that Taiwan is a very, very strong and vibrant 22 trading partner with New York State -- in 23 fact, an enormous trading partner with 24 New York State -- and therefore a great friend 25 of New York State.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I'm very pleased that they are 2 here visiting us in the capital of the Empire 3 State, and I am hoping that you will give a 4 warm welcome to Ambassador Kenneth Liao of 5 Taiwan. 6 (Applause.) 7 SENATOR DUANE: And he is joined 8 by Simon Sung, who is the director of the 9 Taipei Economic and Cultural Office in 10 New York, and James Wei, who is the director 11 of the Taipei Economic and Cultural Office in 12 New York. 13 And I want to thank you very much 14 for coming here to visit with us today, and 15 we'll see you soon. Thank you. 16 ACTING PRESIDENT MARCELLINO: 17 Gentlemen, on behalf of the Senate, we wish 18 you well. Thank you for coming. We 19 appreciate you being here, and safe home and 20 godspeed. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 there's a Resolution 5712, by Senator Klein, 24 that was previously adopted by the Senate. If 25 we could have it read in its entirety at this

Candyco Transcription Service, Inc.

(518) 371-8910 1 time. 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read. 4 THE SECRETARY: By Senator Klein, 5 Legislative Resolution Number 5712, 6 commemorating the Declaration of the 7 Independence of Kosova. 8 "WHEREAS, New York State and the 9 international community recognize that a right 10 to self-determination exists as a fundamental 11 right of all people; and 12 "WHEREAS, It is the sense of this 13 Legislative Body to commemorate the 14 Declaration of Independence of Kosova on 15 Sunday, February 17, 2008, and to recognize 16 the large population of ethnic Albanian 17 emigres from Kosova living in the State of 18 New York; and 19 "WHEREAS, The declaration of 20 Kosova's independence from Serbia sent tens of 21 thousands of Albanians into the streets in 22 Kosova and around the world in peaceful 23 celebration of what they hope is the end of a 24 long struggle for freedom and national 25 self-determination; and

Candyco Transcription Service, Inc.

(518) 371-8910 1 "WHEREAS, From the occupation of 2 Kosova in 1989, until the NATO air strikes 3 against the Serbian regime of Slobodan 4 Milosevic in 1999, the Albanians of Kosova 5 were subjected to brutal treatment, forcing 6 approximately 400,000 to flee to Western 7 Europe and the United States, the majority of 8 whom settled in New York State; and 9 "WHEREAS, Almost 1 million Kosovar 10 Albanians were driven out of Kosova, and at 11 least 10,000 were murdered by Serbian 12 paramilitary and military forces under the 13 former Serbian dictator and later indicted war 14 criminal Slobodan Milosevic; and 15 "WHEREAS, The United Nations 16 established Kosova as a protectorate under 17 Resolution 1244 in June 1999, ending the 18 decade-long Serbian occupation of Kosova and 19 Milosevic's genocidal war against Albanians, 20 and provided an interim international civil 21 presence that, in a final stage, would 22 facilitate a political process designed to 23 determine Kosova's final status; and 24 "WHEREAS, After almost two years of 25 negotiations between Serbia and Kosova with

Candyco Transcription Service, Inc.

(518) 371-8910 1 international envoys, Kosova declared its 2 independence on February 17, 2008, with the 3 support of the United States and Western 4 Europe; and 5 "WHEREAS, The 92 percent majority 6 Albanian state of Kosova is committed to a 7 Western-style democracy in which all citizens, 8 regardless of ethnicity, are protected and 9 granted full human and civil rights, as put 10 forth in Kosova's new constitution; and 11 "WHEREAS, President George W. Bush, 12 on behalf of the American people, recognized 13 Kosova as an independent and sovereign state 14 and congratulated its citizens for having 15 taken this important state in their democratic 16 and national development; and 17 "WHEREAS, This Legislative Body 18 recognizes certain events that exemplify the 19 power of the human spirit to overcome 20 oppression, and today, the people of this 21 great Empire State pay just tribute to the 22 people of Kosova upon the declaration of their 23 independence; now, therefore, be it 24 "RESOLVED, That this Legislative 25 Body pause in its deliberations to commemorate

Candyco Transcription Service, Inc.

(518) 371-8910 1 the Declaration of the Independence of Kosova 2 on February 17, 2008; and be it further 3 "RESOLVED, That a copy of this 4 resolution, suitably engrossed, be transmitted 5 to the Albanian American Civil League." 6 ACTING PRESIDENT MARCELLINO: 7 Senator Klein. 8 SENATOR KLEIN: Thank you, 9 Mr. President. 10 I'd also like to thank our Deputy 11 Majority Leader, Senator Skelos, for allowing 12 me to speak on this resolution briefly 13 commemorating the Declaration of the 14 Independence of Kosova. 15 Today we recognize and celebrate a 16 truly incredible notion, freedom and 17 self-determination, because on February 17, 18 2008, the people of Kosova declared their 19 independence from Serbia. The tumultuous 20 history of the Kosova Albanians is a tragic 21 one and cannot be summed up in a few phrases 22 here in this chamber. 23 However, it is important to 24 highlight the struggle to independence because 25 it is that which makes February 17th as well

Candyco Transcription Service, Inc.

(518) 371-8910 1 as today so important. 2 Here to celebrate today with us is 3 former Congressman Joe DioGuardi and his wife, 4 Shirley Cloyes DioGuardi. Amongst the many 5 great things they have done for the community, 6 in 1989 they founded the Albanian American 7 Civic League. 8 The league is a volunteer-based 9 organization which strives to represent the 10 concerns of Albanian Americans and the 11 national cause of 7 million Albanians living 12 in harmony overseas and here at home. 13 It is groups like the Albanian 14 American Civic League that have aided in the 15 achievement of full human and civil rights for 16 all citizens of Kosova as put forth in 17 Kosova's new Constitution. 18 I'd like also like to say that over 19 the years, in my career in public service, 20 I've had the privilege of always representing 21 a large number of Albanian Americans. And 22 just to watch the immigrant experience, you 23 can't find another ethnic group that has done 24 so well in the assimilation process. They 25 come here and very quickly start their own

Candyco Transcription Service, Inc.

(518) 371-8910 1 businesses, become very self-sufficient. 2 And I think the reason why they've 3 been so successful here in our United States 4 is something very simple. It's a sense of 5 family, it's a sense of community, and, most 6 of all, a love of America. 7 I think the reason why also they're 8 so successful is they remember who they are 9 and where they came from. They remember their 10 illustrious heritage but at the same time are 11 proud to be Americans. 12 I'd like to just recognize some of 13 the outstanding Albanian American leaders we 14 have here today. As I said before, former 15 Congressman Joe DioGuardi, who represented 16 Westchester County in Congress, and his lovely 17 wife, Shirley. 18 We also have with us Arslan Cekaj, 19 who's a member of the board; Mark Gjonaj, 20 another member of the board of the Albanian 21 American Civic League; also Eduard Kepi, 22 Klotilda Kepi, Marko Kepi, Ismet Redzepagaj, 23 Beqir Sina, and also Nataliya Scotce. 24 Let's give them a big hand for 25 joining us today on this truly momentous

Candyco Transcription Service, Inc.

(518) 371-8910 1 occasion. Thank you. 2 (Applause.) 3 SENATOR KLEIN: Thank you, 4 Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 This resolution was previously adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a resolution at the desk by Senator 10 Morahan, Number 5888. If we could have the 11 title read and move for its immediate 12 adoption. 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Morahan, Legislative Resolution 5888, 17 memorializing Governor David A. Paterson to 18 proclaim May 17, 2008, as Thurgood Marshall 19 Day in the State of New York. 20 ACTING PRESIDENT MARCELLINO: The 21 question is on the resolution. All in favor 22 signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT MARCELLINO: 25 Opposed, nay.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT MARCELLINO: The 3 ayes have it; the resolution is adopted. 4 Senator Skelos. 5 SENATOR SKELOS: There's a 6 resolution at the desk, 5831, by Senator 7 Connor. If we could have the title read and 8 move for its immediate adoption. 9 ACTING PRESIDENT MARCELLINO: The 10 Secretary will read. 11 Senator Skelos. 12 SENATOR SKELOS: Senator 13 Morahan's resolution, we'll open it for 14 cosponsorship. If anybody wishes not to 15 sponsor the resolution, they should notify the 16 desk. 17 ACTING PRESIDENT MARCELLINO: 18 Anyone not wishing to sponsor the previous 19 resolution just notify the desk. Otherwise, 20 everyone will be put on the resolution. 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Connor, Legislative Resolution Number 5831, 24 commemorating the 125th Anniversary of the 25 Brooklyn Bridge.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Senator Connor. 3 SENATOR CONNOR: Thank you, 4 Mr. President. 5 ACTING PRESIDENT MARCELLINO: Are 6 you going to try to sell us a bridge? 7 (Laughter.) 8 SENATOR CONNOR: Well, you know, 9 25 years ago I stood on this floor for a solid 10 two hours, with some assistance from some of 11 my colleagues, as we debated a bill related to 12 the 100th anniversary of the Brooklyn Bridge. 13 A few of you may have been here who remember 14 that. 15 I won't repeat all those remarks 16 about how famous the Brooklyn Bridge is 17 throughout the world. At the time, I pointed 18 out that I'd been informed that the number-one 19 chewing gum in Italy is called Brooklyn 20 Bridge. Subsequently I, with my children, was 21 in Rome, and they got a real thrill, being 22 Brooklyn kids, buying that chewing gum. They 23 didn't chew it, either; they have it as 24 souvenirs. 25 But it was 125 years ago the

Candyco Transcription Service, Inc.

(518) 371-8910 1 completion of the Brooklyn Bridge, the product 2 of brilliant engineering by John A. Roebling 3 and his son, Washington Roebling, whose wife 4 supervised the actual construction of the 5 bridge. 6 The bridge really was the first 7 span connecting, obviously, the island of Long 8 Island, of which Brooklyn was and remains the 9 premier site, to Manhattan, and then through 10 Manhattan to the mainland, ultimately, of the 11 United States, which we pick up when we hit 12 the Bronx. 13 So while this resolution is 14 sponsored by the entire delegation from 15 Brooklyn, I would certainly invite my 16 colleagues from Manhattan, to whom the bridge 17 joined us physically, if not politically, 18 until later in the Great Mistake of 1898, as 19 we call it in Brooklyn. 20 And it also joined all of Long 21 Island to Manhattan, so if my Long Island 22 colleagues wish to be associated with this, I 23 would open it up. 24 And thus through Manhattan we were 25 joined to the entire rest of the state of

Candyco Transcription Service, Inc.

(518) 371-8910 1 New York except for Staten Island. I think 2 Senator Lanza is the only one who's going to 3 get left out of this, because Senator Savino 4 has part of Brooklyn. But he can join too. 5 So anyone who would like to join, we are 6 celebrating the 125th anniversary. 7 This resolution takes a little 8 different tack with respect to that 9 celebration. You know, past resolutions went 10 on and on and on about the role of the 11 Roeblings, which of course is the subject of 12 several books, including the book called "The 13 Great Bridge." 14 This resolution also mentions young 15 David Bernard Steinman, a newsboy who sold 16 newspapers in the shadow of the bridge, and 17 indeed hung out under the bridge with fellow 18 newsboys and used to look up and say: 19 "Someday" -- this is a kid from Brooklyn -- 20 "someday I'll build a bridge like this," to 21 which of course his friends laughed. 22 He then went on to become the 23 premier expert on the aerodynamics of 24 suspension bridges when he grew up and was the 25 bridge designer and engineer for 400 bridges

Candyco Transcription Service, Inc.

(518) 371-8910 1 throughout the world, including the Hell Gate 2 Bridge, the Henry Hudson Bridge, the Marine 3 Parkway Bridge, the Thousand Islands Bridge, 4 Kingston-Rhinecliff Bridge, and many, many, 5 many other bridges. As I say, 400 bridges, 6 inspired by this bridge, this pioneer bridge, 7 the Brooklyn Bridge, in whose shadow he worked 8 selling newspapers. 9 The Brooklyn Bridge today 10 accommodates six lanes of automobile traffic 11 carrying approximately 145,000 vehicles per 12 day. And it has a beautiful, wonderful 13 separate walkway over which many people can 14 and do walk every day, and which bicyclists 15 can also use. 16 I live a few blocks from the 17 bridge. I've walked over it many times. It's 18 been -- actually Mr. Steinman, between 1944 19 and 1954, was in charge of the reconstruction 20 of the bridge, redoing the wires and so on, 21 cables. The bridge was prettied up and 22 improved 25 years ago for the 100th 23 anniversary of the bridge. 24 It remains worldwide -- I think 25 when it was first built, it was referred to as

Candyco Transcription Service, Inc.

(518) 371-8910 1 the 8th Wonder of the World, and it certainly 2 remains dear in the hearts of all of us. 3 So, Mr. President, this resolution, 4 I urge its passage and invite my colleagues to 5 join in as we celebrate the 125th anniversary 6 of this wonderful bridge. There it stands, 7 strong, majestic and toll-free. 8 Thank you, Mr. President. 9 (Laughter.) 10 ACTING PRESIDENT MARCELLINO: The 11 question is on the resolution. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MARCELLINO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MARCELLINO: The 18 resolution is carried. 19 And Senator Connor has asked and 20 offered that the resolution be cosponsored to 21 all in the chamber. Anyone wishing not to be 22 on the resolution please notify the desk. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 Senator Bruno has a resolution at the desk,

Candyco Transcription Service, Inc.

(518) 371-8910 1 5886. If we could have the title read and 2 move for its immediate adoption. 3 ACTING PRESIDENT MARCELLINO: The 4 Secretary will read. 5 THE SECRETARY: By Senator Bruno, 6 Senate Resolution Number 5886, establishing a 7 plan setting forth an itemized list of 8 grantees for the New York State Economic 9 Development Assistance Program established 10 pursuant to an appropriation in the 2008-2009 11 state fiscal year and in Part QQ of Chapter 57 12 of the Laws of 2008. 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will call the roll on the 15 resolution. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT MARCELLINO: The 19 resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 if we could go to the noncontroversial reading 23 of the calendar. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will give us the noncontroversial

Candyco Transcription Service, Inc.

(518) 371-8910 1 reading of the calendar. 2 SENATOR SKELOS: Mr. President, 3 if I could, there's a separate Resolution 4 Calendar. I move that we adopt it at this 5 time. 6 ACTING PRESIDENT MARCELLINO: I'm 7 sorry. The motion is on adopting the separate 8 Resolution Calendar. All in favor signify by 9 saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 Resolution Calendar is adopted. 16 Let's proceed on to the 17 noncontroversial reading of the calendar. 18 THE SECRETARY: Calendar Number 19 664, by Senator Robach, Senate Print 7034A, an 20 act to amend the Parks, Recreation and 21 Historic Preservation Law, in relation to 22 creating. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc.

(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 708, by Senator Griffo, Senate Print 7167, an 10 act to amend the Highway Law and the Vehicle 11 and Traffic Law, in relation to maintenance. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 755, by Senator Golden, Senate Print 3440A, an 24 act to amend the Civil Rights Law, in relation 25 to prohibiting.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 951, by Senator Larkin, Senate Print 231, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to fees and charges. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 953, by Senator Alesi, Senate Print 282, an 2 act to provide for the creation of a temporary 3 state commission. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 956, by Senator Young, Senate Print 2036A, an 16 act to amend the Tax Law, in relation to 17 providing. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 61.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 961, by Senator Volker, Senate Print 4491, an 5 act to amend the Executive Law, in relation to 6 payment. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 972, by Senator Young, Senate Print 8004, an 19 act to amend the Agriculture and Markets Law 20 and the Education Law, in relation to farm 21 conservation practices. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 975, by Senator Bonacic, Senate Print 7223, an 9 act to amend the Arts and Cultural Affairs 10 Law, in relation to creating. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 977, by Senator Skelos, Senate Print 436, an 23 act to amend the Penal Law, in relation to 24 establishing. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MARCELLINO: 9 Senator Montgomery, to explain her vote. 10 SENATOR MONTGOMERY: Yes, 11 Mr. President, I just want to point out to you 12 and my colleagues that this legislation, while 13 it -- I'm sure that the intent is to try and 14 secure people on college campuses or any 15 school ground, to secure the people who are 16 there for totally legitimate reasons, it does 17 create in certain instances a felony for a 18 person to step onto the school grounds, 19 including college and university grounds, 20 campuses. 21 And while there are three different 22 levels of seriousness of a sex offender, all 23 levels are required to register as sex 24 offenders. 25 So in fact we could be creating a

Candyco Transcription Service, Inc.

(518) 371-8910 1 situation where a young person who was 2 required to register because they were deemed 3 to be a sex offender, even though it's 4 Level 1, and it could have been twenty years 5 prior or two years prior or whatever, that 6 young person is still registered as a sex 7 offender and will not be able to go onto a 8 college campus. 9 So I'm going to oppose this, and I 10 ask my colleagues to join me in voting against 11 this legislation. I think it just goes too 12 far. 13 Thank you. 14 ACTING PRESIDENT MARCELLINO: 15 Announce the results, please. 16 THE SECRETARY: Ayes, 59. Nays, 17 2. Senators Duane and Montgomery recorded in 18 the negative. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 980, by Senator Marcellino, Senate Print 603, 23 an act to amend the Criminal Procedure Law, in 24 relation to evidence. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 981, by Senator Flanagan, Senate Print 697, an 12 act to amend the Penal Law and the Correction 13 Law, in relation to endangering the welfare of 14 a child. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section, please. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 90th day. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 983, by Senator Maziarz, Senate Print 947B, an 2 act to amend the Penal Law, in relation to 3 crimes of criminal possession. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the first of 8 November. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 984, by Senator Padavan, Senate Print 1601A, 17 an act to amend the Penal Law and others, in 18 relation to presumption of possession. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 10. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Those recorded in 3 the negative on Calendar Number 984 are 4 Senators Duane, Hassell-Thompson, Montgomery 5 and Perkins. Also Senator Schneiderman. 6 Ayes, 56. Nays, 5. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 988, by Senator Skelos, Senate Print 2086, an 11 act to amend the Penal Law, in relation to 12 concurrent and consecutive terms of 13 imprisonment. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 60. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 989, by Senator Nozzolio, Senate Print 3668, 3 an act to amend the Penal Law, in relation to 4 the crime of aggravated harassment. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 989 are 15 Senators Duane, Hassell-Thompson, L. Krueger, 16 Montgomery and Perkins. 17 Ayes, 56. Nays, 5. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 996, by Senator Volker, Senate Print 7409, an 22 act to amend the Criminal Procedure Law and 23 the Family Court Act, in relation to 24 fingerprinting. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 996 are 9 Senators Dilan, Duane, Hassell-Thompson, 10 Montgomery and Perkins. 11 Ayes, 56. Nays, 5. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 998, by Senator Volker, Senate Print 7415, an 16 act to amend the Penal Law, in relation to 17 unlawful weapons. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first of 22 November. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT MARCELLINO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1001, by Senator Seward, Senate Print 7548, an 6 act to amend the Criminal Procedure Law, in 7 relation to permitting. 8 ACTING PRESIDENT MARCELLINO: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1011, by Senator Trunzo, Senate Print 1484, an 20 act to amend the Vehicle and Traffic Law, in 21 relation to form of number plates. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1014, by Senator Fuschillo, Senate Print 5315, 9 an act to amend the Vehicle and Traffic Law, 10 in relation to additional penalties. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section, please. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1015, by Senator Maltese, Senate Print 6244, 24 an act to amend the Transportation Law, in 25 relation to the granting of immunity.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. Nays, 9 1. Senator Connor recorded in the negative. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1043, by Senator Alesi, Senate Print 274, an 14 act to amend the Correction Law, in relation 15 to penalty. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. Nays, 24 2. Senators Montgomery and Perkins recorded 25 in the negative.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1057, by Senator Skelos, Senate Print 2460, an 5 act to amend the Correction Law, in relation 6 to requiring. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1057 are 16 Senators Duane, Montgomery, Parker and 17 Perkins. 18 Ayes, 57. Nays, 4. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1068, substituted earlier today by Member of 23 the Assembly Christensen, Assembly Print 24 Number 9459, an act to amend the Economic 25 Development Law, in relation to assistance.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section, please. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 Senator Skelos, that completes the 12 reading of the calendar. 13 SENATOR SKELOS: Mr. President, 14 if we could now take up the supplemental 15 active list, noncontroversial. 16 ACTING PRESIDENT MARCELLINO: The 17 Senate will now take up the supplemental 18 active list, noncontroversial. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 964, by Senator LaValle, Senate Print 3533, an 22 act to amend the Real Property Tax Law, in 23 relation to establishing. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section, please.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 ACTING PRESIDENT MARCELLINO: Lay 4 the bill aside. 5 THE SECRETARY: Calendar Number 6 967, substituted earlier today by Member of 7 the Assembly Magee, Assembly Print Number 8 5973, an act to amend the Agriculture and 9 Markets Law, in relation to including. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 7. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 978, by Senator Skelos, Senate Print 439, an 23 act to amend the Criminal Procedure Law, in 24 relation to limiting. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc.

(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 979, by Senator Golden, Senate Print 454, an 13 act to amend the Criminal Procedure Law, in 14 relation to eliminating. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 979 are 24 Senators Montgomery, Parker and Perkins. 25 Ayes, 58. Nays, 3.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 982, by Senator Stachowski, Senate Print 944, 5 an act to amend the Penal Law, in relation to 6 criminal impersonation. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of 11 November. 12 ACTING PRESIDENT MARCELLINO: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT MARCELLINO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 985, by Senator Padavan, Senate Print 1662, an 20 act to amend the Penal Law, in relation to 21 disposal of allegedly stolen motor vehicles. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

Candyco Transcription Service, Inc.

(518) 371-8910 1 November. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1018, by Senator Young, Senate Print 6917, an 10 act to amend the Highway Law, in relation to 11 designating. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section, please. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 30th day. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 61. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1019, by Senator Young, Senate Print 6997, an 24 act to amend the Highway Law, in relation to 25 designating a portion.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1024, by Senator Morahan, Senate Print 1470, 13 an act authorizing the Greenwood Lake Union 14 Free School District. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 Senator Skelos, that completes the

Candyco Transcription Service, Inc.

(518) 371-8910 1 noncontroversial reading of the supplemental 2 calendar. 3 SENATOR SKELOS: Thank you, 4 Mr. President. If we could ring the bells 5 now. We have one bill on the controversial 6 calendar. And we'll take up Calendar Number 7 964. 8 ACTING PRESIDENT MARCELLINO: The 9 Secretary will ring the bells. We have a 10 controversial calendar bill to be debated. 11 Please notify our Senators to come back to the 12 chamber. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 964, by Senator LaValle, Senate Print 3533, an 16 act to amend the Real Property Tax Law. 17 SENATOR LIZ KRUEGER: 18 Explanation. 19 ACTING PRESIDENT MARCELLINO: 20 Senator LaValle, an explanation has been 21 requested. 22 SENATOR LaVALLE: Thank you very 23 much. 24 ACTING PRESIDENT MARCELLINO: 25 Excuse me, Senator. Could we have some order

Candyco Transcription Service, Inc.

(518) 371-8910 1 in the chamber, please, so we can get this 2 debate done and everyone can hear. 3 Thank you. 4 SENATOR LaVALLE: Senator 5 Krueger, this is one bill as part of our body 6 looking at how we can be helpful to our 7 taxpayers dealing with this very crushing and 8 vexing problem of school real property taxes. 9 The provisions in this bill have been included 10 in our Senate budget bills over the last 11 number of years. 12 What this would do for those 13 citizens who have achieved the age of 70 years 14 old and who also receive the enhanced STAR -- 15 and that dollar figure is $70,650. So if 16 you're 70 years old, earn less than $70,650, 17 and you qualify for the enhanced STAR program, 18 and -- and this is very critical -- and your 19 local school district has passed a resolution 20 authorizing that the school district wants to 21 come under the provisions of this bill, then 22 they would. 23 Lastly, one of the problems in the 24 past, pre-STAR, is that many of our efforts 25 would exempt property. But what we learned

Candyco Transcription Service, Inc.

(518) 371-8910 1 under STAR and why we did that is that, dollar 2 for dollar, whatever we exempt we give back to 3 that school district. 4 So I think we've all heard that by 5 the time these seniors are 70 years old, their 6 children, hopefully, have been gone, out of 7 the house and independent, on their own, that 8 somewhere between the cradle and the grave 9 that they can look for some real relief, 10 provided they meet the provisions of this act. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Krueger. 13 SENATOR LIZ KRUEGER: Thank you. 14 Mr. President, if the sponsor would 15 please yield. 16 ACTING PRESIDENT MARCELLINO: 17 Senator LaValle, do you yield for a question? 18 SENATOR LaVALLE: Yes. 19 ACTING PRESIDENT MARCELLINO: He 20 yields, Senator. 21 SENATOR LIZ KRUEGER: Thank you. 22 So as I understand your 23 explanation, Senator, the local school 24 district would decide whether it was going to 25 participate in this, but they would be

Candyco Transcription Service, Inc.

(518) 371-8910 1 transferring the cost of the lost revenue at 2 the local school district level to us at the 3 state. 4 SENATOR LaVALLE: That is 5 correct. 6 SENATOR LIZ KRUEGER: That is 7 correct. 8 So, Mr. President, if through you 9 the sponsor would continue to yield. 10 ACTING PRESIDENT MARCELLINO: 11 Senator LaValle? 12 SENATOR LaVALLE: Yes. 13 ACTING PRESIDENT MARCELLINO: He 14 yields. 15 SENATOR LIZ KRUEGER: There's no 16 fiscal implication or fiscal note on this 17 bill. We're being asked to pass a piece of 18 legislation that could conceivably cost the 19 state an enormous amount of money and 20 certainly would be at a growing rate every 21 year because of the way it adjusts up every 22 year from the base year of turning 70. And I 23 don't know anybody who expects their school 24 taxes to actually go down. 25 So why don't we have a fiscal note

Candyco Transcription Service, Inc.

(518) 371-8910 1 or a fiscal estimate of the cost to the state? 2 SENATOR LaVALLE: I will give you 3 that figure. Obviously the bill has gone 4 through the Finance Committee, so that they 5 have a fiscal note, and I will give you that. 6 But one of the things that we have 7 done, Senator, is a variety of programs and 8 even our state aid to education, the state has 9 picked up greater and greater of the school 10 district cost because we recognize that it is 11 crushing. 12 Today -- I just mention two figures 13 to you -- we presently in this year pick up 14 state aid to education, $21 billion, with a B, 15 and also our STAR, slash, rebate program is 16 another $5 billion. So we as a state, as a 17 matter of policy, have invested $26 billion 18 because we want to remove or start taking the 19 pressure off the local taxpayer and put it on 20 the broader-based taxes of the state which we 21 have access to, meaning the income tax, the 22 sales tax, the corporation taxes, et cetera. 23 And we as a matter of policy have 24 felt that that is a fairer way to fund 25 education and start moving away from the real

Candyco Transcription Service, Inc.

(518) 371-8910 1 property tax, move away from the real property 2 tax. 3 The implications of this in the 4 2009-2010 fiscal year would be $118 million. 5 And as you know, Senator, each one 6 of us and as a body have put priorities, and 7 this body has said time and time again 8 reducing real property taxes is a priority of 9 this body. At least it is for this Majority. 10 SENATOR LIZ KRUEGER: Thank you. 11 Mr. President, on the bill. 12 ACTING PRESIDENT MARCELLINO: 13 Senator Krueger, on the bill. 14 SENATOR L. KRUEGER: Thank you. 15 I appreciate the sponsor's answers to my 16 questions and his responsiveness of pointing 17 out that this bill would cost $118 million in 18 its first year. 19 And again, under the assumption 20 that you're 70, it's your base year, and it's 21 going to grow over the years -- because we 22 hope you live a long happy life after you're 23 70 -- one could assume this will continue to 24 grow as a cost to the State of New York each 25 and every year.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Not necessarily disagreeing with 2 the sponsor on our goal of addressing the 3 property tax problem, although I personally am 4 waiting for the Governor's Property Tax 5 Commission to come up with their own 6 recommendations, because I think we need to 7 look at tax policy holistically and I think we 8 need to look at major expenditure items such 9 as this in the context of the budget. 10 So the Senator pointed out that we 11 have discussed this in the context of the 12 budget. It did not pass in the budget we just 13 passed a month ago in this house. So it's 14 another attempt at a bite at the apple as a 15 freestanding bill that will cost the State of 16 New York a minimum of $118 million. 17 So I would argue it's the wrong 18 time to pass a freestanding budget bill after 19 we've just done the budget. I also think it's 20 the wrong time to pass a freestanding STAR 21 amended bill, because we're waiting to see 22 what the property tax commission 23 recommendations are. 24 I also would point out that while 25 some of my colleagues love the STAR model,

Candyco Transcription Service, Inc.

(518) 371-8910 1 others of us don't, because it historically 2 has benefited homeowners over renters. So I 3 too, and many of my colleagues, have people 4 turning 70 each and every day in our 5 districts. 6 But in the City of New York, most 7 of our 70-and-up constituents are actually 8 renters, not owners, and so in fact STAR not 9 only does nothing to help them, but 10 technically this bill, because it would shift 11 the cost -- not end a cost, but shift a 12 cost -- to the state budget that is now within 13 our local property tax budgets would actually 14 say that people in the City of New York and 15 Syracuse and Rochester and Albany and other 16 parts of the state, and Buffalo, who are 17 renters would now pick up a portion of the tax 18 costs transferred to them in state taxes from 19 property taxes currently paid at the local 20 level. 21 So I could agree that we need to 22 reevaluate tax equity in this state, how we 23 collect taxes. I'm not a big believer in 24 property taxes for some parts of the state and 25 not for others. I am a big believer in

Candyco Transcription Service, Inc.

(518) 371-8910 1 progressive taxation, and I think we should be 2 shifting more and more away from regressive 3 taxes, which can include property taxes, and 4 to progressive tax likes the income tax. 5 But I'd have to argue that for 6 several reasons, this is the wrong bill for us 7 to pass now. One, it's a budget bill external 8 to the budget. Two, it transfers costs from 9 the local to the state without an explanation 10 of what we'd cut in the state budget to make 11 up for it. 12 Three, it transfers local costs 13 actually to renters who don't take any 14 advantage from a STAR program but would end up 15 continuing to have to pay, we assume, a higher 16 state rate. 17 Four, we're waiting for the 18 property tax commission to be making 19 recommendations to us on how to deal with 20 this. 21 And five, the STAR program in my 22 opinion is not an equitable program and so an 23 expansion of it, even though I respect my 24 colleague's point, is not the direction I feel 25 we ought to be going.

Candyco Transcription Service, Inc.

(518) 371-8910 1 So I'll be voting no, thank you, 2 and I hope some of my colleagues will think 3 this through with me. 4 Appreciate it, Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Schneiderman. 7 SENATOR SCHNEIDERMAN: Thank you. 8 If the sponsor would yield for a question. 9 ACTING PRESIDENT MARCELLINO: 10 Senator LaValle, do you yield? 11 SENATOR LaVALLE: Yes, I do. 12 ACTING PRESIDENT MARCELLINO: He 13 yields. 14 SENATOR SCHNEIDERMAN: So I 15 appreciate the sponsor's description of the 16 bill, particularly the reference to the fact 17 that we become overly reliant on property 18 taxes and we've put, over the last decade or 19 so, increased burdens on local governments. 20 And that the sponsor said as a matter of 21 policy we should be taking the pressure off 22 the local tax base and putting it on the 23 broader-based taxes of the state. 24 My question is, in an effort to 25 bring down property taxes and pay for the

Candyco Transcription Service, Inc.

(518) 371-8910 1 $26 billion that we've already committed and 2 the $118 million we're committing here, would 3 the sponsor be supportive of an effort to put 4 a surcharge on the income tax of New Yorkers 5 earning more than $1 million a year in order 6 to help pay for this? 7 SENATOR LaVALLE: Why would I 8 want to do that, Senator? 9 SENATOR SCHNEIDERMAN: Well, if 10 you're going to take the tax burden off local 11 taxes -- 12 ACTING PRESIDENT MARCELLINO: You 13 know I'm going to stop this. You've got to go 14 through me. 15 SENATOR SCHNEIDERMAN: We're 16 getting along so well. 17 ACTING PRESIDENT MARCELLINO: I 18 know you are. It's a lovefest, and I 19 understand that. But please. 20 SENATOR SCHNEIDERMAN: Happy to 21 comply. Through you, if the sponsor would 22 continue to yield. 23 ACTING PRESIDENT MARCELLINO: 24 Senator, do you continue to yield? 25 SENATOR LaVALLE: Yes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: He 2 yields. 3 SENATOR SCHNEIDERMAN: Thank you. 4 If you are going to take the tax 5 burden off the local governments by reducing 6 property taxes and require that the State 7 Education Department reimburses the local 8 government for that money, you have to raise 9 more money at the state level. 10 So my question is, as a matter of 11 equity and fairness, would the sponsor, in an 12 effort to raise that money so we can relieve 13 the tax burden, support a proposed surcharge 14 only on the income that people make over a 15 million dollars a year? Only would affect 16 people who make more than $20,000 a week. 17 SENATOR LaVALLE: Senator, that's 18 a great question because it shows very, very 19 clearly the difference between you as a 20 Democrat and I as a Republican. Because I 21 believe that we need to cut spending so that 22 we can retrieve additional dollars. 23 Senator Bruno had a press 24 conference last week, as you know. And I 25 don't know how you voted on placing a cap on

Candyco Transcription Service, Inc.

(518) 371-8910 1 spending. But if we had followed that over a 2 period of time, I think it was five years, 3 that that would have produced $1 billion in 4 savings. And so sometimes we look at the 5 wrong side of the ledger. 6 You know, we're already the 7 highest-taxed state in the nation. Here -- I 8 don't want to really get into a debate on tax 9 policy, which is where you want to take the 10 debate, but really on program policy and how 11 we address -- and I think -- I thought we 12 agreed in this house that the reason we're 13 spending $21 billion plus the five, 14 $26 billion, is to take the pressure off the 15 real property tax. 16 This bill, by the way, is only one 17 of many, and only one approach that you will 18 begin to see on how we need to deal with this 19 problem. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. I'd like to thank the sponsor 22 for his answers. 23 On the bill. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Schneiderman, on the bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SCHNEIDERMAN: I'm in 2 absolute agreement with the sponsor that our 3 disagreement is I am a Democrat and he is a 4 Republican. I think this is a good way to 5 frame the issue. 6 We are not spending $26 billion to 7 take the pressure off local property taxes. 8 We're spending $26 billion to take the 9 pressure off local property taxes without 10 cutting one dollar from the state's budget. 11 Now, you can have it either way. I 12 believe we should pay for what we get. I 13 don't believe we should lie to the people of 14 the State of New York by saying, Oh, we're 15 going to put another $118 million burden on 16 the State Education Department, but it's not 17 going to affect school programs. 18 The problem is that after the 19 12 years of the Pataki-Bruno era, and as 20 demonstrated in Washington during the era of 21 Republican hegemony, Republicans like to 22 spend, they just don't want to pay for what 23 they spend. 24 So my challenge to all of you on 25 the other side of the aisle is every time you

Candyco Transcription Service, Inc.

(518) 371-8910 1 propose some way to reduce the burden on local 2 governments -- which I support. I think you 3 are absolutely right, the sponsor is 4 absolutely correct that we have come to rely 5 on the property taxes. It's not the best way 6 to fund our school system. But every time you 7 propose to have the state pay for something 8 that was previously paid for by local 9 governments through their taxes, please show 10 us either where you're going to raise the 11 money or what programs you're going to cut. 12 Because the residue, the legacy of 13 the Pataki-Bruno era is a massive increase in 14 state spending and a massive increase in the 15 cutting of the taxes for the very wealthy and 16 forcing local governments to raise that money 17 from property and sales taxes. That is the 18 legacy we're trying to fight. 19 I welcome any who want to join in 20 an honest debate over tax policy. Look, if 21 Democrats want to spend more, they should say: 22 I want to spend more, and I'm going to pay for 23 it this way. If Republicans want to cut, tell 24 us what you're going to cut. 25 But you guys have had it had both

Candyco Transcription Service, Inc.

(518) 371-8910 1 ways for way too long, and the public has 2 wised up to it. You can't say we're going to 3 double your spending, tell every union what 4 they want to hear and then say "Oh, but we're 5 tax-cutters." The public is smarter than 6 that, Mr. President. 7 I'm going to vote to support this 8 legislation on the basis that the sponsor has 9 made it clear that the money is coming from 10 the State Department of Education. The 11 missing piece of this legislation -- please. 12 Does anyone have a nitroglycerin pill? 13 The missing piece of this 14 legislation is how we're going to pay for it. 15 I believe we should pay for our school system 16 with greater reliance on the income tax, on 17 the centralized state taxes from our broad tax 18 base, as the sponsor stated. I'm sorry in our 19 later colloquy he backed away from that 20 statement. 21 If you're going to cut local taxes, 22 you have to either cut spending or raise state 23 taxes. I support this bill with the 24 understanding that the only way we're going to 25 actually reduce property taxes in this state

Candyco Transcription Service, Inc.

(518) 371-8910 1 is to get back to taxing the wealthy 2 New Yorkers who have gotten off cheap for the 3 last 15 years. 4 Thank you, Mr. President. 5 ACTING PRESIDENT MARCELLINO: 6 Senator Craig Johnson. 7 SENATOR CRAIG JOHNSON: Thank 8 you, Mr. President. 9 Will the sponsor yield for a couple 10 of quick questions for clarity. 11 ACTING PRESIDENT MARCELLINO: 12 Senator LaValle, do you yield? 13 SENATOR LaVALLE: Yes. 14 ACTING PRESIDENT MARCELLINO: He 15 yields. 16 SENATOR CRAIG JOHNSON: Thank 17 you. And thank you very much, Senator 18 LaValle. 19 Through you, Mr. President, a 20 couple of quick questions on the bill. 21 The persons eligible to receive 22 this benefit, I understand one is a married 23 couple where one person has to be over 70. Do 24 both the husband and wife have to be on the 25 fixed income or eligible for the enhanced

Candyco Transcription Service, Inc.

(518) 371-8910 1 STAR, or is it only one? 2 SENATOR LaVALLE: Only one. 3 SENATOR CRAIG JOHNSON: Only one. 4 Mr. President, will the sponsor 5 continue to yield? 6 SENATOR LaVALLE: Yes. 7 ACTING PRESIDENT MARCELLINO: I'm 8 sure he does. 9 SENATOR CRAIG JOHNSON: I also 10 understand that there's also a provision that 11 provides for if there is a couple over the age 12 of 70 who own a house who may not be married 13 but may own it jointly. The way I read the 14 bill is it requires both parties to be over 15 70. 16 My question is, though, does it 17 require one or both of them to be eligible for 18 the enhanced STAR? 19 SENATOR LaVALLE: Only one has to 20 be age 70. 21 SENATOR CRAIG JOHNSON: Okay. 22 Mr. President, through you, will 23 the sponsor continue to yield. 24 ACTING PRESIDENT MARCELLINO: I'm 25 sure he yields.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR LaVALLE: Yes. 2 SENATOR CRAIG JOHNSON: I just 3 want to get it, again for clarity purposes, 4 for the record. 5 In the bill on line 4 and 5 on your 6 bill it just says, and I'm going read it: 7 "(A) Residential real property owned and 8 occupied by one or more persons, each of who 9 whom is 70 years of age." 10 So I think we'll have to clarify. 11 It sounds like to me, Mr. President, it 12 requires both persons who own the house have 13 to be over 70. 14 SENATOR LaVALLE: If they are 15 married. 16 SENATOR CRAIG JOHNSON: If 17 they're married, okay. If they're married 18 they're required to both -- 19 SENATOR LaVALLE: No, if they are 20 married, only one. If they're not married, 21 both. 22 SENATOR CRAIG JOHNSON: Mr. 23 President, will the sponsor continue to yield. 24 SENATOR LaVALLE: Yes. 25 ACTING PRESIDENT MARCELLINO: He

Candyco Transcription Service, Inc.

(518) 371-8910 1 yields. 2 SENATOR CRAIG JOHNSON: A 3 followup. Does it require both persons in the 4 unmarried situation to be eligible for 5 enhanced STAR, or only one to be eligible for 6 enhanced STAR? 7 SENATOR LaVALLE: I think you had 8 asked me that. And it's one person. 9 SENATOR CRAIG JOHNSON: Okay. 10 And whoever owns -- one person's enhanced 11 STAR. 12 SENATOR LaVALLE: Yes. 13 SENATOR CRAIG JOHNSON: Okay. 14 Will the sponsor continue to yield for just a 15 couple more short questions. 16 SENATOR LaVALLE: Yes. 17 SENATOR CRAIG JOHNSON: In 18 paragraph 3 of your bill it requires the 19 school districts to cause to be notified each 20 person owning residential real property about 21 this bill. 22 Will the school district be 23 compensated or reimbursed for that expense? 24 SENATOR LaVALLE: No. 25 SENATOR CRAIG JOHNSON: Will the

Candyco Transcription Service, Inc.

(518) 371-8910 1 sponsor continue to yield. 2 SENATOR LaVALLE: Yes. 3 ACTING PRESIDENT MARCELLINO: He 4 yields. 5 SENATOR CRAIG JOHNSON: Out of 6 curiosity, was there any type of fiscal 7 analysis conducted just so we understand how 8 much it will cost a school district to provide 9 such a notification? 10 SENATOR LaVALLE: There wasn't. 11 But I don't see this as being a 12 mandate because, as you know as a resident, 13 each year the school district sends a school 14 calendar and they put on that calendar, you 15 know, this is the date for the STAR program, 16 ta-da-ta-da. And we want to make sure that 17 people are aware that such a program exists. 18 And, you know, Senator, I must just 19 say, I was talking today about even to this 20 day, I'll mention the STAR program to someone, 21 and they'll go: "What's that?" So regardless 22 of how far we go in notification, there will 23 still be people. 24 But this will not be an additional 25 mandated cost to the school district.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR CRAIG JOHNSON: Mr. 2 President, on the bill. 3 ACTING PRESIDENT MARCELLINO: 4 Senator Johnson, on the bill. 5 SENATOR CRAIG JOHNSON: I want to 6 thank Senator LaValle for the answers to those 7 questions, because you saw my point of my 8 concern -- I know that you share this concern, 9 as do a lot of other Senators -- is the 10 unfunded mandates that are put upon our school 11 districts. And that SED seems time and time 12 again to put another mandate and another 13 mandate. 14 I'm happy to hear that it sounds 15 like to me, from your answers to my questions, 16 that a school district, as long as they comply 17 with the notice language in this bill, a 18 simple statement on a calendar with the notice 19 constitutes notice, and that's terrific. 20 I'm going to support this 21 legislation. And I think what's very 22 important about it is it addresses the issue 23 that is facing constituents in my district, 24 Senator LaValle's district, a number of us who 25 live in the suburbs all across the state where

Candyco Transcription Service, Inc.

(518) 371-8910 1 we have house-rich, cash-poor seniors who are 2 living on a fixed income who have lived in 3 their homes for a number of years, watched the 4 value increase but, especially today, no 5 ability to really pull that money out, 6 especially given what's going on in the 7 housing market. 8 We need to do something. It's not 9 a perfect bill, but it's a start. And I wish 10 to commend Senator LaValle for making that 11 step. So I'll be voting in the affirmative 12 for making a step to try and reduce the 13 property taxes that are burdening our 14 residents. 15 Thank you very much, Mr. President. 16 ACTING PRESIDENT MARCELLINO: 17 Thank you, Senator. 18 Senator Bonacic. 19 SENATOR BONACIC: Thank you, 20 Mr. President. I too stand and want to thank 21 Senator LaValle for bringing this bill to the 22 floor. 23 The only thing that saddens me is 24 that we can't get the Assembly to move on any 25 tax relief plan. And this bill unfortunately

Candyco Transcription Service, Inc.

(518) 371-8910 1 doesn't address giving relief to primary 2 homeowners from the middle class who are 3 struggling. 4 And what we're trying to do is, on 5 this side of the aisle and on that side of the 6 aisle in this chamber, and we have done for 7 three years in a row, we've passed a bill that 8 eliminates school property taxes on primary 9 owners, Senator Saland's bill. We've done 10 that three times in a row. We can't get the 11 Assembly to move. 12 Senator Little has a 13 circuit-breaker bill, it's been out there for 14 a while, to bring property tax relief. Can't 15 get the -- and it has a sponsor in the 16 Assembly. Can't get it to move through 17 committee. 18 So we're frustrated. Senator 19 LaValle says, okay, we can't move those two 20 bills, let's try to help our most vulnerable 21 homeowners, our 70-year-olds, who have paid 22 their dues for most of their life, put their 23 children and probably helping their 24 grandchildren through school. And he's trying 25 to move that bill.

Candyco Transcription Service, Inc.

(518) 371-8910 1 And I think that that bill will 2 pass on both sides of the aisle today. But 3 there have been a couple of things raised that 4 I want to talk about. 5 One is, how do we pay for these 6 things? Property tax relief, the message we 7 are sending on this side of the aisle is that 8 it deserves the attention above the radar 9 screen when you look at education, when you 10 look at healthcare, when you look at 11 transportation needs. And, yes, property tax 12 relief for people outside New York City -- 13 because the problem isn't severe in New York 14 City -- deserves that kind of attention. 15 And in good years, we won't have to 16 do a millionaire's tax. We might not even 17 have to raise any tax. Because when we did 18 STAR, which is now at $5 billion, we did not 19 do any millionaire's tax. We were doing well, 20 Wall Street was forming performing well, we 21 were creating jobs. So added revenues helped 22 to address our growing needs. 23 So what do you do when the economy 24 is not doing so well? And it was suggested 25 maybe we should look at the millionaire's tax.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Well, we should first look at reducing 2 spending. We should look at increasing 3 rateables. But if we can't get it done in 4 those two areas and we're raising our budget, 5 then maybe the alternative is to look at 6 broad-based taxes and have an honest 7 discussion. Maybe we would look at the income 8 tax. 9 But don't single out a class of 10 people like the millionaires. You know what? 11 Millionaires will go to Connecticut, they'll 12 go down to Florida, they'll go to 13 Pennsylvania, and you won't have many 14 millionaires who pay about 30 percent of the 15 total taxes of the State of New York now. You 16 keep driving nails into what you think are the 17 so-called rich, they have mobility. And when 18 you lose them, then you are really eroding 19 your tax base. 20 So I will say, in conclusion, thank 21 you, Senator LaValle, this is long overdue. 22 And I'm sure we're going to get support from 23 our friends and colleagues on the other side 24 of the aisle in this house. 25 But apparently Speaker Silver, he

Candyco Transcription Service, Inc.

(518) 371-8910 1 doesn't even want to look in this area, 2 because he represents New York City. We can't 3 even get a task force to study real property 4 tax reform in this state because he does not 5 even want to suggest going in the area of 6 property tax relief for the upstate outside of 7 New York City. 8 I vote in the affirmative. 9 Thank you, Mr. President. 10 ACTING PRESIDENT MARCELLINO: Any 11 other Senator wishing to be heard on the bill? 12 Senator Klein. 13 SENATOR KLEIN: Thank you, 14 Mr. President. 15 I also rise and want to thank 16 Senator LaValle for addressing this issue. 17 Clearly anyone who represents any 18 area that pays high property taxes understands 19 the dynamics. We have homes going up in 20 value, so the property tax goes up, but 21 unfortunately people's income doesn't go up. 22 Senior citizens are sort of the 23 classic case. They have a house that they've 24 lived in for years, the value keeps going up, 25 the property taxes keep going up, but of

Candyco Transcription Service, Inc.

(518) 371-8910 1 course they're living on a fixed income. 2 Unfortunately, I really don't 3 think, though, this is really the way to go 4 about it. I think one of the things that I 5 think is going to happen next week is that 6 Governor Spitzer's commission, now it's 7 Governor Paterson's property tax cap 8 commission, under the leadership of Tom 9 Suozzi, is going to render some decisions, 10 results, on what we need to do to lower 11 property taxes. 12 This is something I think that's 13 going to be very, very important, because it's 14 the first time it's been seriously studied. 15 And personally I have some ideas on the 16 subject before the commission renders its 17 decision, and I think really the way to go is 18 going to be a circuit-breaker. 19 I think in some ways STAR has 20 outlived its usefulness, and the way to go is 21 through a circuit-breaker which will provide a 22 substantial tax break for individuals based on 23 their income as well as how much of that 24 income they're paying in property taxes. 25 So I think we really need to start

Candyco Transcription Service, Inc.

(518) 371-8910 1 debating this. And I think at the same time, 2 one of the things that was raised by my 3 colleagues, like Senator Schneiderman, I 4 really do think we have to start talking 5 seriously about how we're going to pay for 6 this. 7 No matter what we do to alleviate 8 the burden of property taxes, there's going to 9 be a price to pay. And we really have to 10 start talking about how we're going to pay for 11 it, either through a millionaire's tax or 12 actually getting rid of STAR and replacing it 13 a circuit-breaker. These are things we need 14 to discuss. 15 So again, I want to thank Senator 16 LaValle for raising this issue, because it is 17 important one. But I look forward to coming 18 out of this legislative session with real 19 property tax relief. And I think the way to 20 go at this point is a circuit-breaker. 21 But I vote yes on this legislation, 22 Mr. President. 23 ACTING PRESIDENT MARCELLINO: 24 Thank you, Senator. 25 Any other Senator wishing to be

Candyco Transcription Service, Inc.

(518) 371-8910 1 heard? 2 Seeing none, the debate is closed. 3 The Secretary will ring the bells. 4 Read the last section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MARCELLINO: 11 Senator Onorato, to explain his vote. 12 SENATOR ONORATO: Yes, 13 Mr. President, I'm going to support this bill. 14 But I would also like to remind our 15 colleague, everybody is wondering how you're 16 going to pay for this here. We're all paying 17 for it. 18 Perhaps the suburbs should start to 19 reconsider consolidating some of the school 20 districts that we have in the suburbs. We 21 have superintendents for less than 1,000 22 students. In the City of New York and one of 23 the other districts, they have 1,000 students 24 in one school building. 25 Out in Nassau, you have campuses

Candyco Transcription Service, Inc.

(518) 371-8910 1 for elementary school districts with swimming 2 pools on it, and it's got to be paid for. But 3 the residents vote for their own budget. And 4 then they expect the rest of the state to bail 5 them out when the going gets tough. 6 So let's tighten our belts a little 7 bit in Nassau and Suffolk and whoever else has 8 all of these kind of districts around. 9 But I am supporting this 10 legislation. I vote aye. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Onorato will be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 964 are 17 Senators L. Krueger and Perkins. 18 Absent from voting: Senators 19 Adams, C. Kruger and Sampson. 20 Ayes, 56. Nays, 2. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 is there any business at the desk?

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Yes, Senator Skelos, we have some motions. 3 Senator Robach. 4 SENATOR ROBACH: Yes, 5 Mr. President. On page 12 I offer the 6 following amendments to Calendar 189, Senate 7 Print Number 5966, and ask that the said bill 8 retain its place on Third Reading Calendar, on 9 behalf of Senator John DeFrancisco. 10 ACTING PRESIDENT MARCELLINO: So 11 ordered. 12 Senator Skelos. 13 SENATOR SKELOS: Please recognize 14 Senator Volker. 15 SENATOR VOLKER: Mr. President, 16 very quickly. I just want to remind everybody 17 that tonight is the Senate Club dinner. 18 And some people are asking me why 19 we have no conflict this year with the 20 Assembly Pilots. Because that's why it was 21 moved back a week, to avoid conflicts we've 22 had the last two years with the Assembly 23 Pilots. So I guess that's, I don't know, next 24 week, whatever. 25 But anyways, would appreciate it if

Candyco Transcription Service, Inc.

(518) 371-8910 1 everybody would come who said they were 2 coming, and we'll see you at Jack's. 3 Thank you. 4 ACTING PRESIDENT MARCELLINO: 5 Thank you, Senator. 6 Senator Skelos, the house is clean. 7 SENATOR SKELOS: Mr. President, 8 there being no further business to come before 9 the Senate, I move we stand adjourned until 10 Wednesday, May 14th, at 11:00 a.m. 11 ACTING PRESIDENT MARCELLINO: On 12 motion, the Senate will stand adjourned until 13 Wednesday, May 14th, at 11:00 a.m. 14 (Whereupon, at 5:03 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910