Tuesday, March 3, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 3, 2009 11 3:29 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may all we bow our 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you. 16 The reading of the Journal. 17 The Secretary will read. 18 THE SECRETARY: In Senate, 19 Monday, March 2, the Senate met pursuant to 20 adjournment. The Journal of Friday, 21 February 27, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Without objection, the Journal stands approved

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(518) 371-8910 1 as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Klein. 11 SENATOR KLEIN: Madam President, 12 are there any substitutions at the desk? 13 ACTING PRESIDENT STEWART-COUSINS: 14 Yes, there are, Senator Klein. 15 The Secretary will read. 16 THE SECRETARY: On page 9, 17 Senator Parker moves to discharge, from the 18 Committee on Banks, Assembly Bill Number 259 19 and substitute it for the identical Senate 20 Bill Number 1936, Third Reading Calendar 67. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Substitution ordered. 23 Senator Klein. 24 SENATOR KLEIN: Madam President,

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(518) 371-8910 1 may we at this time adopt the Resolution 2 Calendar, with the exception of Resolution 3 Numbers 619, 620, and 623. 4 ACTING PRESIDENT STEWART-COUSINS: 5 All those in favor of adopting the Senate 6 Resolution Calendar, with the exception of 7 Resolutions 619, 620, and 623, please signify 8 by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT STEWART-COUSINS: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Resolution Calendar, with the exception of 15 Resolution Numbers 619, 620, and 623, is 16 adopted. 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 can we please have the title read of Senate 20 Resolution Number 30, previously adopted by 21 this house on January 13, 2009, and call on 22 Senator Griffo to speak on the said 23 resolution. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: By Senator 3 Griffo, Legislative Resolution Number 30, 4 memorializing Governor David A. Paterson to 5 proclaim March 2009 as Deep Vein Thrombosis 6 Awareness Month in the State of New York. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Griffo. 9 SENATOR GRIFFO: Thank you, Madam 10 President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Excuse me, Senator. 13 May we have order in the chamber, 14 please. 15 Senator Griffo. 16 SENATOR GRIFFO: Thank you, Madam 17 President. 18 We all know how important health 19 issues are and health concerns are to all of 20 us, and that's why this resolution 21 particularly calls to attention something that 22 for many years really did not receive the 23 attention that it deserved. 24 This is Deep Vein Thrombosis

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(518) 371-8910 1 Awareness Month, and it was brought to my 2 attention by a number of people who are in the 3 gallery above me today. I want to recognize 4 Kevin Powers from Genesee Orthopedics, and 5 Paul Lynch from Sanofi-Aventis, and also 6 Dr. John DeTraglia and Cynthia DeTraglia from 7 Mohawk Valley Cardiothoracic Surgery, and 8 relatives of the Powers family, Diane and 9 Vivian, who are also here today. 10 I want to thank them for coming, 11 because this is something if we don't pay 12 attention to could really have a very deadly 13 effect. Many people don't understand that 14 symptoms of DVT are something that you may 15 take for granted. They include pain, 16 swelling, tenderness, discoloration or redness 17 of affected areas of the skin. So many times 18 these are often misdiagnosed, and the symptoms 19 are silent. 20 So as a result of many of the 21 individuals that I have come in contact with, 22 like Mr. Powers and Dr. DeTraglia, I think 23 it's important that we create an environment 24 where we are sending forth information and

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(518) 371-8910 1 education on this potentially very deadly 2 disease. 3 It occurs in over 2 million 4 Americans each year; 600,000 are hospitalized 5 for DVT. It is the most preventable cause of 6 hospital deaths in the United States. So 7 one-third of hospitalized patients with these 8 risk factors can receive preventive treatment. 9 In the elderly, DVT is associated 10 with a 21 percent a year mortality rate. And 11 cancer patients undergoing surgical procedures 12 have at least twice the risk of postoperative 13 DVT and more than three times the risk than 14 noncancer patients. Many of these are because 15 of a pulmonary embolism that can occur and 16 cause this type of death. 17 So I think it's essential and 18 that's why as a result of working with these 19 fine people that we are able to present in 20 this house this resolution to memorialize the 21 Governor to declare March as DVT Awareness 22 Month. And I know this will be done likewise 23 in the Assembly. 24 I appreciate their hard work and

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(518) 371-8910 1 efforts, and I hope this is the beginning of 2 really calling attention to this very deadly 3 situation and health care concern. And this 4 memorializing resolution now will declare this 5 month Deep Vein Thrombosis Awareness Month, 6 and I am hopeful that more New Yorkers are 7 benefit because of the hard work and efforts 8 of the people that are here with me and the 9 education that we are attempting to put forth. 10 Thank you, Madam President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Thank you, Senator Griffo. 13 Senator Klein. 14 SENATOR KLEIN: Madam President, 15 could we at this time take up Resolution 623. 16 I ask that the resolution be read in its 17 entirety and move for its immediate adoption, 18 and call on Senator Perkins to speak on his 19 said resolution. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Secretary will read. 22 THE SECRETARY: By Senator 23 Perkins, Legislative Resolution Number 623, 24 mourning the death of Wilbert A. Tatum, a man

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(518) 371-8910 1 of singular distinction and a pioneer in 2 African-American journalism. 3 "WHEREAS, It is the custom of this 4 Legislative Body to pay proper tribute to 5 those individuals of extraordinary character 6 whose lives exemplified the highest ideals of 7 humanity and whose lifework and civic endeavor 8 served to enhance the quality of life in the 9 great State of New York; and 10 "WHEREAS, Wilbert 'Bill' Tatum of 11 New York City, New York, died on Thursday, 12 February 26, 2009, at the age of 76; and 13 "WHEREAS, A great advocate and a 14 penetrating writer, Wilbert A. Tatum is an 15 iconic and vitally important figure in both 16 journalism and civil rights. His courage, his 17 tenacity, his sagacity, and his advocacy are 18 unparalleled in African-American journalism; 19 and 20 "WHEREAS, Wilbert A. Tatum was the 21 longtime publisher of the Amsterdam News, 22 New York City's oldest African-American 23 newspaper and one of the oldest ethnic papers 24 in the country; and

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(518) 371-8910 1 "WHEREAS, Wilbert A. Tatum held 2 multiple roles throughout his 25-year tenure 3 at the publication, including editor, 4 publisher, chairman, and chief executive; and 5 "WHEREAS, His exceptional 6 leadership of the Amsterdam News made his name 7 nearly synonymous with the paper's; and 8 "WHEREAS, The former deputy borough 9 president of Manhattan, Wilbert A. Tatum will 10 forever serve as a strong pioneering role 11 model for both African-American men and women, 12 as well as all Americans, for he exemplified 13 the virtues of family, sacrifice, excellence, 14 determination, and self-confidence; and 15 "WHEREAS, Wilbert A. Tatum's 16 highest priority and joy was his family. He 17 is survived by his wife, Susan, and his 18 daughter, Elinor; and 19 "WHEREAS, Armed with a humanistic 20 spirit, imbued with a sense of compassion, and 21 comforted by a loving family, Wilbert A. Tatum 22 leaves behind a legacy which will long endure 23 the passage of time and will remain as a 24 comforting memory to all he served and

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(518) 371-8910 1 befriended; now, therefore, be it 2 "RESOLVED, That this Legislative 3 Body pause in its deliberations to mourn the 4 death of Wilbert A. Tatum, a man of singular 5 distinction and a pioneer in African-American 6 journalism, and be it further 7 "RESOLVED, That a copy of this 8 resolution, suitably engrossed, be transmitted 9 to the family of Wilbert A. Tatum." 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Perkins. 12 SENATOR PERKINS: Thank you so 13 much, Madam Chair. I just want to make a few 14 quick comments. 15 Obviously, the resolution speaks 16 well to his legacy. But, you know, one of the 17 aspects of Wilbert Tatum is that he as a 18 journalist, as someone in the media, 19 understood that we have to keep a watchful eye 20 for the injustice that sometimes the media can 21 perpetuate. And in that regard, you know, he 22 was a beacon towards that end. 23 You know, right now we are about to 24 celebrate the 20th anniversary of the

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(518) 371-8910 1 so-called Central Park Five case, where five 2 young men were falsely accused of raping a 3 Central Park jogger. Many of you I'm sure 4 have heard about it, because it was not only 5 nationally reported but also internationally 6 reported. 7 And unfortunately, it was the 8 injustice of the media that drove a lynch mob 9 mentality in our city and in our country that 10 resulted in them being called urban terrorists 11 and wolf packs. And in fact, even Donald 12 Trump, the Donald Trump that we all know, took 13 a full-page ad in the New York Times and other 14 local newspapers calling for the return of the 15 death penalty for these young men. 16 And in fact, thanks to Wilbert 17 Tatum and the Amsterdam News, he kept his eye 18 on this case and enabled justice to take place 19 in terms of the evidence that ultimately came 20 out after 13 years that resulted in the 21 confession of the true rapist and obviously 22 the dropping of the charges -- unfortunately, 23 too late for these young men. 24 And so for what he has done with

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(518) 371-8910 1 respect to the Central Park jogger case and 2 those young men who were victimized by that 3 case and bringing about justice in that case, 4 that, I think, is the single most signature 5 aspect of the kind of leadership that he tried 6 to provide, not only for the Amsterdam News 7 but for the media in general. 8 The media has the great power of 9 being an arbiter of justice. Too often it 10 doesn't quite fulfill that role. Bill Tatum 11 is an example of how that can be done. 12 Thank you very much. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you, Senator Perkins. 15 Senator Espada. 16 SENATOR ESPADA: Thank you, Madam 17 President. 18 I guess the question will always be 19 asked when all of us, one by one, have our 20 appointment at the Pearly Gates: What have we 21 done? Why should we be remembered? 22 Why was Bill Tatum important? He 23 was important because Senators like Bill 24 Perkins remember those signature

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(518) 371-8910 1 accomplishments and social justice issues. 2 I remember him as a friend. Those 3 Saturdays when they would hold session at the 4 Amsterdam News to proffer endorsements was a 5 very tense time for all of us, because we knew 6 that Bill would be there, and he'd be chilling 7 out in his little sofa area. And while he had 8 others with him, you knew that the hard 9 questions would come from Bill because he 10 wanted to hear not just what you wanted to say 11 but really feel whether indeed it was in your 12 soul. 13 And so I recall the legacy of not 14 just Bill Tatum but the institution, the 15 New York Amsterdam News, about to celebrate a 16 hundred years this year. His tenure over that 17 paper, that leadership of over a quarter of a 18 century. He passed the baton on to his 19 daughter Ellie. And still the conscience of 20 it all I think for many years, his wife, 21 Susan. They're all there. 22 But the signature moment for me, 23 and why we can all recall different signature 24 moments, was because he was so accomplished.

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(518) 371-8910 1 His editorials, so penetrating. Bill Tatum 2 was unafraid to be unpopular. He was unafraid 3 to be controversial. 4 Bill Tatum took on a very powerful 5 mayor -- and this is what I recall as his 6 signature moment -- in 1986 through 1989, on a 7 weekly basis, when we had the most powerful 8 mayor the City of New York had had in many a 9 generation. His name was Ed Koch. And he 10 was, I guess, one of many in the recent past 11 of the imperial mayors. 12 He took him on, and he took him on 13 every week for three years. And he took him 14 on on real issues of substance that mattered 15 to communities of color in New York City. No 16 one would hear and no one would take him 17 seriously during that point because it was the 18 imperial, all-powerful Ed Koch, the mayor. 19 And whatever one felt about him, Ed 20 Koch, he also has a great record of 21 accomplishment. But there came that time when 22 we had to have change from bottom up -- and I 23 know that's become popular of late. But Bill 24 Tatum understood how to talk the talk of the

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(518) 371-8910 1 language of the people in the street who 2 needed to be awakened, they needed to believe 3 that they could in fact fashion change. 4 And in my mind, that ushered in the 5 David Dinkins era. Because David Dinkins came 6 out of that movement that Bill Tatum started 7 in those pages of the Amsterdam News. With a 8 circulation of about 25,000 to 30,000, he 9 affected the voice and the conscience of about 10 8 million people. 11 And so that voice and that legacy 12 will be sorely missed. But the Amsterdam 13 News, with all due respect to its publisher 14 emeritus, will live on. And people like Ellie 15 and others will carry on the message of social 16 and economic justice. 17 Thank you very much. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Thank you, Senator Espada. 20 Senator Schneiderman. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. 23 I want to thank my colleague 24 Senator Perkins for making us all take a

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(518) 371-8910 1 moment to think about some of the things that 2 are important in life. 3 And as we all proceed here and 4 fight over the transactional issues of the 5 day, it is very, very appropriate to pause and 6 think about someone who took the longer view 7 and fought for issues before they were 8 popular. And before we were capable of 9 passing laws in New York State, he fought for 10 getting the ideas on which those laws were 11 based into the conversation. 12 When I was first a young attorney 13 just out of law school, Bill Tatum was a 14 client of my law firm. And I think one of the 15 first legal assignments I ever undertook, a 16 senior partner came in to me and said, 17 "There's a guy here who's got a problem." And 18 I went into an office, and there was Bill 19 Tatum. And he said, "Is there any legal 20 theory for the following fact situation? A 21 man who is later exonerated is arrested and 22 taken into a police precinct. He comes out 23 four hours later and he's been beaten to a 24 pulp. No one knows what happened to him. He

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(518) 371-8910 1 has no witnesses. Is there any recourse for 2 this person?" 3 And my first reaction was, I'm here 4 to make money at a corporate law firm, I 5 really never expected to get this kind of 6 assignment. But I then came to understand 7 that Bill Tatum, who was a very successful 8 businessman and a very successful man in the 9 corporate world in his own way, always took 10 time to ask questions on behalf of those most 11 in need, those who had the least defense, 12 those who had the least resources, and those 13 whose questions raised some of the most 14 difficult issues. 15 And I actually did research on that 16 case, and we actually determined that there 17 were theories of liability for someone who's 18 supposed to be taken into custody and 19 protected while he's in custody. 20 I worked for years with Will Tatum, 21 and I have to say he had an impact on a lot of 22 people's lives. He was a mentor to many, many 23 people. He took a lot of criticism. He took 24 a lot of criticism that was unwarranted. But

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(518) 371-8910 1 he was not afraid, as my colleagues have 2 indicated, to tackle people bigger than 3 himself and to hold out on issues that were 4 not popular when he started -- but through 5 that process, he transformed the dialogue in 6 our city. 7 And I know Ellie is keeping up that 8 tradition. But there are a lot of folks out 9 there like me who knew him when we were 10 younger, were encouraged by him to challenge 11 authority, were encouraged by him to make like 12 Bill Perkins and constantly pick fights with 13 people bigger than us, and that we could 14 survive. That was Will Tatum. 15 And it's great that we're pausing 16 today to think about him as we move forward. 17 This business is not always about doing, you 18 know, the bidding of the rich and the 19 powerful. This business is also about 20 speaking up for those who do not have voices. 21 And it's great that we're honoring a man who 22 did that so eloquently and so strongly for so 23 many years. 24 Thank you, Madam President.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Thank you, Senator. 3 Senator Duane. 4 SENATOR DUANE: Thank you, Madam 5 President. I also want to raise my voice in 6 tribute to Bill Tatum. 7 And I met him and first sought his 8 endorsement when I was running to be a 9 Democratic district leader in the very early 10 '80s. And Senator Schneiderman said from when 11 he was young man; I was thinking I still am, 12 but I'm not. 13 But the thing about Bill Tatum, his 14 warm and generous demeanor, his terrific sense 15 of humor could never have been mistaken for 16 the incredibly sharp mind and really strong 17 ideology. And, you know, he made his choices 18 on the merits. He was a really able and 19 strong advocate and occasional adversary. 20 I looked forward to my meetings 21 with him when it was time for an endorsement. 22 I enjoyed them in a way that I don't think 23 you're supposed to enjoy endorsement meetings. 24 And I'm enormously sorry for his

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(518) 371-8910 1 daughter, who I always call Elinor. I know 2 she's Ellie. Our joke is that for forever 3 I've been promising her that we'd have a cup 4 of coffee. Instead, we've made it dinner. 5 But she's a really terrific businesswoman, an 6 astute journalist. She does her father proud. 7 And I know he's watching what's 8 happening. And as we make progress in this 9 world, a huge part of it is because Bill Tatum 10 worked so hard and so long and made sure that 11 his voice was heard through the Amsterdam News 12 and every other piece of community activism 13 that he did, which predated his ownership of 14 the Amsterdam News. And a wonderful, 15 wonderful man. 16 Thank you, Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Thank you, Senator. 19 Are there any other Senators that 20 wish to be heard on the resolution? 21 Senator Montgomery. 22 SENATOR MONTGOMERY: Yes, thank 23 you, Madam President. I rise to join my 24 colleagues in paying a special tribute to

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(518) 371-8910 1 Mr. Tatum. 2 I think that more than anything, I 3 would like to just acknowledge the fact that 4 the thing that Bill Tatum represents is an 5 enormously important figure. Because when the 6 newspaper the Amsterdam News was started a 7 hundred years ago, it was a time in our 8 history when there were very, very, very few 9 African-American newspapers. 10 And it was very difficult, it must 11 have been very, very difficult for Bill Tatum 12 to even survive. I know many times he talked 13 about how difficult it was to even get ads, to 14 even get the state agencies to take ads in the 15 newspaper. 16 So it was not easy for Bill Tatum 17 to run a newspaper. Yet that was the organ -- 18 every African-American in the city knows about 19 the Amsterdam News, and most of them read the 20 Amsterdam News. That is extremely important. 21 News is important to communities. And he 22 carried news that was specific to our 23 community. 24 So I am indebted to him. I think

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(518) 371-8910 1 we all are. And he did not only care about 2 the African-American community, because, as 3 you see, many friends from all walks of life 4 came to Bill Tatum. And he loved the City of 5 New York. But he especially loved and revered 6 and respected the African-American community. 7 So I am grateful to him for that. 8 There were many times when his 9 stories were the only stories in the newspaper 10 in the City of New York. So for that, he is 11 an historical figure, he is important to the 12 city and the culture, and especially the 13 community, the black African-American 14 community and Caribbean community in the city. 15 So I thank him, and I thank Senator 16 Perkins for acknowledging him. We don't often 17 have an opportunity to acknowledge the great 18 people of our city and our state. So thank 19 you. 20 And I join my colleagues in his 21 memory to his daughter. We know that she is 22 carrying on that legacy. We thank her. But 23 she has a wonderful and great and important, 24 significant father who has passed on, gone to

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(518) 371-8910 1 heaven. 2 Thank you. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Senator Klein. 6 SENATOR KLEIN: Thank you, Madam 7 President. 8 I too would like to rise and 9 commend my colleague Senator Perkins on his 10 resolution memorializing Bill Tatum. 11 When I was first elected to the 12 Assembly, one of the issues that still 13 unfortunately plagues us, not only in Bronx 14 County but across the state, is that of 15 childhood asthma. At the time, I did a very 16 comprehensive study, legislation. We were 17 able to get the first pediatric asthma unit in 18 the Bronx. 19 And Bill Tatum called me. He was 20 very impressed with what we did in the Bronx; 21 he wanted to try to replicate the same type of 22 thing in Harlem. And we became friendly. 23 Every year, as you know, Madam 24 President, because you were my honoree this

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(518) 371-8910 1 year, I do an African-American history 2 breakfast, where I had the privilege of having 3 Mr. Tatum as the guest speaker one year. 4 And he was a very, very smart man, 5 someone who cared deeply about people. Even 6 though he rose to become a very successful 7 businessman, he never forgot where he came 8 from. 9 And one of the things that I was 10 very proud of is in 2004, when I ran for the 11 Senate -- it was a very contentious race -- 12 and he gave me a glowing endorsement. So it 13 shows that life is somewhat circular 14 sometimes. 15 But again, I want to thank Senator 16 Perkins because today we take a moment, and we 17 should take more than a moment, to recognize a 18 great man who contributed much to not only the 19 African-American community but all of us in 20 New York State. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you, Senator. 23 The question is on the resolution. 24 All those in favor please signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT STEWART-COUSINS: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT STEWART-COUSINS: 7 The resolution is adopted. 8 I'm sure that Senator Perkins would 9 want us to open and he has asked us to open 10 the resolution to everyone. And indeed, if 11 there is a member wishing not to be a 12 multisponsor of the resolution, please so 13 inform the desk. 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 may we at this time go to the reading of the 17 noncontroversial calendar. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 43, by Member of the Assembly Millman, 22 Assembly Print Number 300, an act to amend the 23 Education Law, in relation to enacting the 24 "New York Higher Education Cares" Act.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The bill is passed. 11 THE SECRETARY: Calendar Number 12 50, by Senator Breslin, Senate Print 2088, an 13 act to amend the Insurance Law and the Civil 14 Practice Law and Rules, in relation to 15 standard fire insurance policies. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Read the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 62. 24 ACTING PRESIDENT STEWART-COUSINS:

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(518) 371-8910 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 54, by Senator Larkin, Senate Print 644, an 4 act to amend the Racing, Pari-Mutuel Wagering 5 and Breeding Law, in relation to free passes, 6 cards or badges. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Read the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect immediately. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT STEWART-COUSINS: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 61, by Member of the Assembly Peoples, 22 Assembly Print Number 3483, an act to amend 23 the Executive Law, in relation to institution 24 of court actions.

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(518) 371-8910 1 SENATOR MORAHAN: Lay it aside. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The bill is laid aside. 4 Senator Klein, that completes the 5 noncontroversial reading of the calendar. 6 SENATOR KLEIN: Madam President, 7 at this time could we please move to the 8 controversial reading of the calendar. 9 ACTING PRESIDENT STEWART-COUSINS: 10 If the Secretary would please ring the bells. 11 Members are all asked to come to 12 the chamber for the purpose of the 13 controversial reading of the calendar. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 61, by Member of the Assembly Peoples, 17 Assembly Print Number 3483, an act to amend 18 the Executive Law. 19 SENATOR WINNER: Explanation. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Thompson, an explanation has been 22 requested. 23 SENATOR THOMPSON: Yes, Madam 24 President.

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(518) 371-8910 1 This amendment allows that an 2 individual who is claiming to be aggrieved by 3 an unlawful discriminatory practice may bring 4 a lawsuit within three years after any 5 dismissal for administrative convenience. 6 This lies squarely with the harm that is 7 caused by the statute of limitations running 8 on a resident of New York State's claim for 9 unlawful discrimination. 10 This bill was originally presented 11 as a program bill under former Governor 12 Pataki. At that time, the delay in the 13 processing of these cases sometimes reached 14 12 years. Obviously, a lot can happen in 15 12 years -- witnesses move, people pass away, 16 and memories fade. 17 Presently, the New York State 18 Division of Human Rights has the ability to 19 offer administrative convenience dismissals 20 for the following reasons. 21 So a complainant can bring a 22 discriminatory action based on the federal 23 law. The Division of Human Rights has 24 reported that they do not want to use their

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(518) 371-8910 1 resources for cases that are going to the 2 federal court, because these resources are 3 limited. So you can keep a case alive because 4 a complainant cannot be located or a 5 respondent has failed to emerge. 6 In order to successfully sue in 7 unlawful discrimination cases, the individual 8 will most likely want to sue in federal court 9 and in addition bring their state claim with 10 them. So this is a bill that would simply 11 give individuals an opportunity to seek a 12 legal remedy. 13 I also think it's important to note 14 that there are plenty of people in New York 15 State who will benefit from the extension of 16 time for suing for unlawful discrimination 17 claims. In 2008, there were 586 ACDs. There 18 were 235 situations of investigatory 19 procedures and also a number of 351 people 20 from various hearings. 21 So I think this is a good bill. It 22 will not put any additional pressure on the 23 office of the Division of Human Rights. This 24 would just give people additional protection.

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(518) 371-8910 1 And in 2007, the New York State 2 Trial Lawyers offered a memorandum in support 3 of this bill; again, a bill that was a program 4 bill sponsored by Governor Pataki. 5 Thank you. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator. 8 Senator Winner. 9 SENATOR WINNER: Thank you, Madam 10 President. On the bill. 11 I rise in opposition to this bill 12 predominantly because of one particular 13 deficiency and unintended consequence, I 14 think, of the bill that relates to the issue 15 of statute of limitations. 16 While I understand the trial 17 lawyers are in favor of increasing the statute 18 of limitations -- they are pretty much on 19 anything, in order to allow the opportunity to 20 bring more lawsuits -- this legislation is 21 also opposed by the National Federation of 22 Independent Businesses. And as such, they 23 believe that it will have an unintended 24 adverse consequence to small business owners

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(518) 371-8910 1 in New York State. 2 But more importantly, this 3 legislation is deficient because it seeks to 4 extend the statute of limitations upon the 5 dismissal for administrative convenience in 6 cases that would also include municipalities. 7 And municipalities currently now 8 have a one-year statute of limitations, and 9 this bill would increase that statute of 10 limitations to bring a case to a three-year 11 period. 12 It also would eliminate, probably 13 by the purposes of the language, the 14 requirement that before you commence an action 15 against a municipality you first file a notice 16 of claim. 17 So to that extent, this will expose 18 municipalities and their insurance carriers to 19 increased premiums as a result of coverage of 20 this extension of the statute of limitations 21 that otherwise would be not be effective 22 against them, because right now they only 23 have -- anyone who wants to bring a claim in 24 this case in state court would only have a

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(518) 371-8910 1 one-year statute of limitations in order to 2 bring that claim. 3 So while I recognize that this 4 legislation derived out of the failure of the 5 Division of Human Rights to do its job 6 properly in New York State, I think that that 7 failure, because of the lack of the Division 8 of Human Rights in bringing their 9 administrative convenience dismissals properly 10 and promptly before their board within the 11 285-day statutory requirement that they 12 currently have, I think it's unfair to now 13 penalize municipalities for that failure of 14 the Division of Human Rights to do their job 15 properly. 16 And as such, if this bill were 17 amended to have the particular consideration 18 of maintaining the current statute of 19 limitations -- which I believe is the intent 20 of the original Pataki legislation -- as 21 opposed to the statute of limitations 22 requirement of three years as against 23 municipalities, then under those circumstances 24 it would be less onerous, although still a

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(518) 371-8910 1 recognition of the failure of the Division of 2 Human Rights to properly do their job. 3 So to that extent, I think that 4 this legislation ought to be defeated, because 5 it has an adverse consequence to municipal 6 employers in this state. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Are there any other Senators wishing to be 9 heard on the bill before us? 10 Hearing none, the debate is closed. 11 The Secretary will please ring the 12 bells. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Schneiderman, to explain his vote. 21 SENATOR SCHNEIDERMAN: Thank you, 22 Madam President. 23 I'm proud to support this piece of 24 legislation. I want to commend Senator

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(518) 371-8910 1 Thompson. We have had difficulties for many 2 years in this state where people who were 3 victims of discriminatory practices really 4 were unable to get justice, and I think that 5 this is a very prudent and well-crafted piece 6 of legislation intended to address that 7 problem. 8 It's been moving in the Assembly 9 for years. And I just want to commend Senator 10 Thompson for pursuing it, for bringing it to 11 the floor, and for enabling us to pass it 12 today. 13 This will enable a relatively small 14 number of people, but people who have been the 15 victims of unlawful discrimination, to get 16 their day in court, to get their shot at 17 justice. And that's something we all should 18 be about in this great body. 19 Thank you, Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Hassell-Thompson, to explain her vote. 22 SENATOR HASSELL-THOMPSON: Thank 23 you, Madam President. 24 I find it very interesting that

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(518) 371-8910 1 we're more concerned in this house about how 2 municipalities will in fact be penalized and 3 we're not concerned about the rights of 4 people. 5 I want to commend my colleague 6 Senator Thompson for this legislation and let 7 him know that I give him full support and that 8 I would hope that right-thinking people in 9 this chamber would agree and do likewise. 10 Thank you, Madam President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator DeFrancisco, to explain his vote. 13 SENATOR DeFRANCISCO: As a 14 right-thinking person who happens to disagree, 15 I thought I'd explain my vote, the negative 16 vote. 17 Right now the law requires the 18 Human Rights Commission to do their job in a 19 specific period of time, 285 days. And if 20 they're going to administratively dismiss a 21 case, they're supposed to do it before that 22 date. 23 Now, what is the remedy? Extend 24 the time to sue, or require the Division of

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(518) 371-8910 1 Human Rights to do what they're supposed to do 2 according to a law passed by this Legislature 3 and signed by a Governor? 4 I just think this encourages the 5 Division of Human Rights to do whatever they 6 want for the period of time they ever want, 7 and not do justice to these same individuals 8 who may have been able to administratively 9 resolve their case earlier than have to bring 10 a lawsuit. 11 That's why I'm voting no. Thank 12 you. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Are there any other Senators wishing to 15 explain their vote? 16 Announce the results. 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 61 are 19 Senators Bonacic, DeFrancisco, Farley, 20 Flanagan, Golden, O. Johnson, Larkin, LaValle, 21 Leibell, Little, Nozzolio, Ranzenhofer, 22 Saland, Seward, Skelos, Volker and Winner. 23 Also Senator Lanza voting in the negative. 24 Absent from voting: Senator

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(518) 371-8910 1 Griffo. 2 Ayes, 43. Nays, 18. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The bill is passed. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 is there any further business at the desk? 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Klein, the desk is clear. 10 SENATOR KLEIN: There being none, 11 Madam President, I move that we adjourn until 12 Wednesday, tomorrow, March 4th, at 3:00 p.m. 13 ACTING PRESIDENT STEWART-COUSINS: 14 There being no further business to come before 15 the Senate, on motion, the Senate stands 16 adjourned until Wednesday, March 4th, at 17 3:00 p.m. 18 (Whereupon, at 4:12 p.m., the 19 Senate adjourned.) 20 21 22 23 24

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