Tuesday, April 7, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 7, 2009 11 10:17 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, 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 BRESLIN: The 3 Senate will please come to order. 4 I ask all to rise and repeat the 5 Pledge of Allegiance after me. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: Thank 14 you. 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, April 6, the Senate met pursuant to 19 adjournment. The Journal of Friday, April 3, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT BRESLIN: 23 Without objection, the Journal stands approved 24 as read.

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Libous. 10 SENATOR LIBOUS: Thank you, 11 Mr. President. 12 On behalf of Senator Golden, I move 13 that the following bill be discharged from its 14 respective committee and be recommitted with 15 instructions to strike the enacting clause. 16 That's Senate Number 2103. 17 ACTING PRESIDENT BRESLIN: So 18 ordered. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 may at this time we adopt the Resolution 22 Calendar in its entirety, with the exceptions 23 of Legislative Resolutions 813 and 1269. 24 ACTING PRESIDENT BRESLIN: All

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(518) 371-8910 1 those in favor of adopting the Resolution 2 Calendar in its entirety, with the exception 3 of Legislative Resolutions 813 and 1269, 4 please signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT BRESLIN: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT BRESLIN: The 10 Resolution Calendar is adopted, with the 11 exception of Resolutions 813 and 1269. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 may we at this time take up Legislative 15 Resolution 813. I ask that the title be read 16 and move for its immediate adoption, and if 17 you would give Senator Stewart-Cousins the 18 opportunity to speak on the said resolution. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Stewart-Cousins, Legislative Resolution Number 23 813, memorializing Governor David A. Paterson 24 to proclaim April 12 through 18, 2009, as

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(518) 371-8910 1 Shaken Baby Syndrome Awareness Week in the 2 State of New York. 3 ACTING PRESIDENT BRESLIN: 4 Senator Stewart-Cousins. 5 SENATOR STEWART-COUSINS: Thank 6 you, Mr. President. 7 When I was returning home last 8 week, there was a radio commercial that began 9 with a baby wailing and wailing. And I went 10 to the dial to kind of turn it down because it 11 was so annoying. But what that was was the 12 beginning of a commercial about shaken baby 13 syndrome. 14 What the announcer went on to say 15 is that if your baby is crying, if your baby 16 is wailing, it won't hurt the baby to continue 17 to cry, but it will certainly hurt the baby if 18 you shake that baby. So if your baby is 19 crying uncontrollably, put the baby down if 20 you're getting upset and walk away, because 21 shaken baby syndrome will ruin the child's 22 life and yours. 23 Let me just share some statistics. 24 According to the National Child Abuse and

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(518) 371-8910 1 Neglect Data System, 3.6 million children were 2 reported as victims of abuse and neglect in 3 2006 in America. On average, 3,000 infants 4 and young children become victims of shaken 5 baby syndrome annually. The average age of 6 shaken baby syndrome victims are between three 7 and eight months of age. There are over 300 8 deaths from shaken baby syndrome each year. 9 Children 1 year old or under accounted for 10 32.2 percent of all child abuse and neglect 11 fatalities. And fewer than 10 percent, fewer 12 than 10 percent of shaken baby syndrome 13 victims completely recover. 14 The economic cost of shaken baby 15 syndrome -- as though that matters in the face 16 of what you do to a child -- but the economic 17 cost ranges from $18,000 to $70,000 per child 18 who has to be treated for shaken baby 19 syndrome, and over $4 million during a 20 lifetime. 21 This Legislature passed Cynthia's 22 Law. And Cynthia Gibbs was a baby from my 23 community who several years ago was shaken to 24 death by her babysitter.

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(518) 371-8910 1 And as a result, on the county 2 level, when I was on the county board, we 3 created laws that made our local hospitals 4 educate parents, educate mothers before they 5 left with their child about what can happen if 6 you shake your baby. 7 And this Legislature in 2006 also, 8 with Cynthia's Law, requires the Department of 9 Health to implement a shaken baby syndrome 10 public information and educational campaign. 11 So this time of the year we 12 remember Cynthia and all the Cynthias who have 13 died or been irreversibly impacted because 14 somebody shook them a little too hard. It is 15 never okay to shake your baby. 16 So thank you very much for this 17 opportunity to speak. 18 ACTING PRESIDENT BRESLIN: Thank 19 you, Senator Stewart-Cousins. 20 Is there any other Senator that 21 wishes be heard on this resolution? 22 The question is on the resolution. 23 All those in favor please signify by saying 24 aye.

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(518) 371-8910 1 (Response of "Aye.") 2 ACTING PRESIDENT BRESLIN: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT BRESLIN: The 6 resolution is adopted. 7 At the request of the sponsor, the 8 resolution is open for multisponsorship by the 9 entire house. Any member wishing not to be a 10 multisponsor of the resolution shall so inform 11 the desk. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, at 14 this time can we take up Legislative 15 Resolution 1269. I ask that the title be read 16 and move for its immediate adoption and give 17 Senator Ruth Hassell-Thompson the opportunity 18 to speak on her resolution. 19 ACTING PRESIDENT BRESLIN: The 20 Secretary will read. 21 THE SECRETARY: By Senator 22 Hassell-Thompson, Legislative Resolution 23 Number 1269, honoring Mount Vernon Senior City 24 Court Judge Brenda Dowery-Rodriguez upon the

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(518) 371-8910 1 occasion of her retirement after 22 years of 2 distinguished service. 3 ACTING PRESIDENT BRESLIN: 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 I rise to present an extraordinary 8 woman who began her life in Kentucky but spent 9 the rest of it in New York doing some 10 extremely wonderful things on the bench. 11 Most times we think of judges as 12 being the austere person behind the robe. But 13 underneath is a caring, dedicated person who 14 gave public service everything that she could 15 possibly give it. 16 I wanted to honor her in this 17 moment of her retirement because we're going 18 miss a person who understood the law, who 19 started out as a social worker but ended up 20 going to law school because she felt that the 21 way in which policies were developed around 22 the needs of people could be changed and she 23 could make a difference. 24 Well, she did make a difference.

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(518) 371-8910 1 And when we were beginning to talk about how 2 do we first look at drug addiction as opposed 3 to incarceration, she agreed to be one of the 4 first judges to participate in Westchester 5 County's drug court. 6 She created a model court. And I 7 will always be grateful for the guidance that 8 she gave to our police departments and to 9 everyone who had to become involved and work 10 closely with our then-DA to make it one of the 11 best programs in the state. 12 She is moving -- she has moved out 13 of the State of New York, but I know that 14 retirement is just a phase change, because the 15 energy and activity of this human being could 16 never be idle. She promises to watch the 17 grass grow, and I told her probably for about 18 30 minutes and then she would get herself 19 involved in something else. 20 We don't give the people who give 21 us public service the right kind of honor. 22 And I thought that this would be an 23 appropriate time for me to say to Brenda 24 Dowery, and through the State of New York,

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(518) 371-8910 1 that we appreciate the integrity that she 2 brought to the court, the extensive work that 3 she did for her community and the people that 4 she helped to change their lives through the 5 drug court and through coming through her 6 courtroom. 7 She was by no means soft. If you 8 think I'm tough, you haven't seen anything. 9 Going into her court could be a frightening 10 experience. But she understand the boundaries 11 of what she was capable and could do within 12 the court. And if she felt that leniency was 13 necessary, very rarely was she ever wrong in 14 her decisions. 15 I want to honor her today, and I 16 hope that those of you who are under my voice 17 will join me in honoring Brenda 18 Dowery-Rodriguez -- one of those hyphenated 19 names -- for the extraordinary work that she 20 has done for the court system and how she 21 brought credibility back to justice for the 22 City of Mount Vernon. 23 Thank you. 24 ACTING PRESIDENT BRESLIN: Thank

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(518) 371-8910 1 you, Senator Hassell-Thompson. 2 Are there any other Senators that 3 wish to be heard on this resolution? 4 The question is on the resolution. 5 All those in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT BRESLIN: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT BRESLIN: The 11 resolution is adopted. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 there will be an immediate meeting of the 15 Finance Committee in the Majority Conference 16 Room, 332, which will be immediately followed 17 by a meeting of the Rules Committee. 18 Pending a report of the Rules 19 Committee, may we please stand at ease. 20 ACTING PRESIDENT BRESLIN: There 21 will be an immediate meeting of the Committee 22 on Finance in the Senate Majority Conference 23 Room, Room 332, to be immediately followed by 24 a Rules Committee meeting.

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(518) 371-8910 1 The Senate will stand at ease 2 pending the Rules Committee report. 3 (Whereupon, the Senate stood at 4 ease at 10:29 a.m.) 5 (Whereupon, the Senate reconvened 6 at 10:54 a.m.) 7 ACTING PRESIDENT BRESLIN: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 may we return to the order of reports of 11 standing committees. 12 I believe there is a report of the 13 Rules Committee at the desk. I ask that it be 14 read and move for its immediate adoption. 15 ACTING PRESIDENT BRESLIN: 16 Senator Klein, there is a report of the Rules 17 Committee here at the desk. 18 The Secretary will read. 19 THE SECRETARY: Senator Smith, 20 from the Committee on Rules, reports the 21 following bills: 22 Senate Print 3745, by Senator 23 Stewart-Cousins, an act to amend the Vehicle 24 and Traffic Law;

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(518) 371-8910 1 3746, by Senator Thompson, an act 2 to amend the Vehicle and Traffic Law and the 3 Public Officers Law; 4 3747, by Senator Thompson, an act 5 to amend the Vehicle and Traffic Law and the 6 Public Officers Law; 7 3748, by Senator Foley, an act to 8 amend the Vehicle and Traffic Law and the 9 Public Officers Law; 10 3749, by Senator C. Johnson, an act 11 to amend the Vehicle and Traffic Law and 12 others; 13 And Senate Print 3750, by Senator 14 Dilan, an act to amend the Vehicle and Traffic 15 Law and the Administrative Code of the City of 16 New York. 17 All bills ordered directly to third 18 reading. 19 ACTING PRESIDENT BRESLIN: All 20 those in favor of adopting the report of the 21 Rules Committee please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT BRESLIN: 24 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT BRESLIN: The 3 report of the Rules Committee is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there is a report of the Finance 7 Committee at the desk. 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein, there is a report of the 10 Finance Committee at the desk. 11 The Secretary will read. 12 THE SECRETARY: Senator Kruger, 13 from the Committee on Finance, reports the 14 following nominations. 15 As a member of the New York State 16 Housing Finance Agency, Royce Anthony 17 Mulholland, of Douglaston. 18 As members of the Board of Trustees 19 of the New York State Higher Education 20 Services Corporation, Stephen Archer, of 21 Endicott, and Haleigh Tunis, of Stuyvesant. 22 As a member of the Board of 23 Visitors of the Rockland Psychiatric Center, 24 James Scaringe, of Orangeburg.

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(518) 371-8910 1 And as a member of the Board of 2 Visitors of the Western New York Developmental 3 Disabilities Services Office, Michael P. 4 Rogers, of Cheektowaga. 5 ACTING PRESIDENT BRESLIN: 6 Senator Kruger. 7 SENATOR CARL KRUGER: Thank you, 8 Mr. President. On behalf of the Finance 9 Committee, I ask to move the nominations. 10 ACTING PRESIDENT BRESLIN: Are 11 there any other Senators that wish to be heard 12 on the nominations? 13 The question is on the motion to 14 confirm the nomination of Royce Anthony 15 Mulholland as a member of the New York Housing 16 Finance Agency. All those in favor signify by 17 saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT BRESLIN: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT BRESLIN: The 23 motion carries. The nomination of Royce 24 Anthony Mulholland to the New York Housing

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(518) 371-8910 1 Finance Agency is hereby confirmed. 2 The question is on the confirmation 3 of Stephen Archer of Endicott, Haleigh Tunis 4 of Stuyvesant, James Scaringe of Orangeburg, 5 and Michael P. Rogers of Cheektowaga to their 6 respective appointments. All those in favor 7 please signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT BRESLIN: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT BRESLIN: The 13 motion carries. The nominations of Stephen 14 Archer of Endicott, Haleigh Tunis of 15 Stuyvesant, James Scaringe of Orangeburg, and 16 Michael P. Rogers of Cheektowaga are hereby 17 confirmed. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, 20 can we take up a reading of Supplemental 21 Calendar Number 34A. 22 ACTING PRESIDENT BRESLIN: The 23 Secretary will read. 24 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 148, Senator Stewart-Cousins 2 moves to discharge, from the Committee on 3 Transportation, Assembly Bill Number 7330 and 4 substitute it for the identical Senate Bill 5 Number 3745, Third Reading Calendar 148. 6 ACTING PRESIDENT BRESLIN: 7 Substitution ordered. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 148, by Member of the Assembly Spano, Assembly 11 Print Number 7330, an act to amend the Vehicle 12 and Traffic Law and others. 13 ACTING PRESIDENT BRESLIN: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 24. This 17 act shall take effect on the 30th day. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT BRESLIN: 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 148 are

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(518) 371-8910 1 Senators DeFrancisco, Morahan and Ranzenhofer. 2 Also Senator Saland. 3 Ayes, 58. Nays, 4. 4 ACTING PRESIDENT BRESLIN: The 5 bill is passed. 6 The Secretary will continue to 7 read. 8 THE SECRETARY: In relation to 9 Calendar Number 149, Senator Thompson moves to 10 discharge, from the Committee on 11 Transportation, Assembly Bill Number 7332 and 12 substitute it for the identical Senate Bill 13 Number 3746, Third Reading Calendar 149. 14 ACTING PRESIDENT BRESLIN: 15 Substitution ordered. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 149, by Member of the Assembly Gantt, Assembly 19 Print Number 7332, an act to amend the Vehicle 20 and Traffic Law and the Public Officers Law. 21 ACTING PRESIDENT BRESLIN: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 22. This

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(518) 371-8910 1 act shall take effect on the 30th day. 2 ACTING PRESIDENT BRESLIN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT BRESLIN: 6 Announce the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 149 are 9 Senators DeFrancisco, Flanagan, Morahan, 10 Ranzenhofer, Saland and Volker. Also Senator 11 Maziarz. 12 Ayes, 55. Nays, 7. 13 ACTING PRESIDENT BRESLIN: The 14 bill is passed. 15 The Secretary will continue to 16 read. 17 THE SECRETARY: In relation to 18 Calendar Number 150, Senator Thompson moves to 19 discharge, from the Committee on 20 Transportation, Assembly Bill Number 7331 and 21 substitute it for the identical Senate Bill 22 Number 3747, Third Reading Calendar 150. 23 ACTING PRESIDENT BRESLIN: 24 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 150, by Member of the Assembly Hoyt, Assembly 4 Print Number 7331, an act to amend the Vehicle 5 and Traffic Law and the Public Officers Law. 6 ACTING PRESIDENT BRESLIN: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 22. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT BRESLIN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT BRESLIN: 15 Senator Volker, to explain his vote. 16 SENATOR VOLKER: Yes. There's 17 been a lot of comment on red light cameras. 18 And most of the press, of course -- in this 19 time, I guess, of observation -- has been to 20 say, well, this is going raise a lot of money 21 and it's great for reducing injuries. 22 The truth is neither one of those 23 has turned out to happen in many parts of this 24 country. Red light cameras have turned out to

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(518) 371-8910 1 be a boon to insurance companies, but in many 2 ways what has happened is that the amount of 3 fines has dropped off. And worse than that, 4 the numbers of rear-end accidents and other 5 incidents has increased. 6 It's kind of fascinating -- and the 7 reason I discuss this one is because this is 8 going to be in Buffalo. I have a personal 9 thing about these issues. In fact, most 10 police officers, by the way, oppose this bill. 11 And the reason they do is because they firmly 12 believe that these what you call nondescript 13 arrests can be very dangerous and can create a 14 lot of false fines and so forth. 15 We get them in Western New York 16 every once in a while out of New York City, 17 where the camera angle wasn't quite right and 18 the license plate showed up wrong and all 19 sorts of things. 20 I personally think that these red 21 light cameras probably will only last for a 22 few years and then a lot of the cities in the 23 Northeast in particular will get rid of them. 24 But I'm going to vote no because I

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(518) 371-8910 1 just don't think they're a good idea. 2 ACTING PRESIDENT BRESLIN: 3 Announce the results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 150 are 6 Senators DeFrancisco, Flanagan, Maziarz, 7 Morahan, Ranzenhofer and Volker. Also Senator 8 Saland. 9 Ayes, 55. Nays, 7. 10 ACTING PRESIDENT BRESLIN: The 11 bill is passed. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: In relation to 15 Calendar Number 151, Senator Foley moves to 16 discharge, from the Committee on 17 Transportation, Assembly Bill Number 7333 and 18 substitute it for the identical Senate Bill 19 Number 3748, Third Reading Calendar 151. 20 ACTING PRESIDENT BRESLIN: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 151, by Member of the Assembly Eddington,

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(518) 371-8910 1 Assembly Print Number 7333, an act to amend 2 the Vehicle and Traffic Law and the Public 3 Officers Law. 4 ACTING PRESIDENT BRESLIN: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 9. This 8 act shall take effect on the 30th day. 9 ACTING PRESIDENT BRESLIN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT BRESLIN: 13 Senator Foley, to explain his vote. 14 SENATOR FOLEY: To explain my 15 vote, thank you, Mr. President. 16 This particular resolution for 17 Suffolk County, speaking as the former chair 18 of the County Legislature's Public Works and 19 Transportation Committee, and also speaking 20 with the presiding officer of the County 21 Legislature and having caught a, let's say, 22 active interaction with the Public Works 23 Department, and in particular the traffic 24 safety division, this resolution is seen as a

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(518) 371-8910 1 very important step in helping to reduce the 2 number of accidents and fatalities at a number 3 of locations. 4 Notwithstanding the comments that 5 we just heard from Senator Volker, I can tell 6 you that in Suffolk County, where there are a 7 number of high-accident locations, that the 8 traffic safety division of the Department of 9 Public Works sees this particular initiative 10 as one important element, along with others, 11 to reduce accidents and fatalities on our 12 roadways. 13 It's most unfortunate to note for 14 the record that Suffolk County has some of the 15 most dangerous roads anywhere in the State of 16 New York. And with some of the redesign of 17 some of the roadways, along with this 18 particular resolution, these will be ways that 19 we're going to be able to bring safer roads 20 and safer intersections to our residents. 21 And this is a very, very important 22 initiative. Others have characterized it 23 merely as a revenue-producing initiative 24 rather than the most important function, if

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(518) 371-8910 1 you will, the most important element of this 2 resolution is that yes, in fact it will save 3 lives, and it will reduce the number of 4 accidents in our county. 5 And I take the word of those who 6 have devoted their professional lives to 7 public service in the area of traffic safety 8 within the Department of Public Works who see 9 this as a very important element in helping to 10 save those lives and to reduce accidents. 11 So I am strongly in favor of this 12 resolution, and I would ask all in this 13 particular chamber to support this resolution. 14 Thank you, Mr. Chairman. I vote in 15 the affirmative. 16 ACTING PRESIDENT BRESLIN: 17 Senator Foley will be recorded in the 18 affirmative. 19 Senator LaValle. 20 SENATOR LaVALLE: To explain my 21 vote, Mr. President. 22 I have consistently voted in 23 opposition to the red light cameras. It is 24 really shameful that we are doing this under

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(518) 371-8910 1 the guise of safety when everyone knows this 2 is a revenue-producing device. And in those 3 municipalities where they actually lost 4 revenue, they just took the cameras out. 5 I think that we are going to 6 produce more rear-end accidents. As you're 7 approaching a red light and you see a camera, 8 you're going to hit the brakes and someone 9 behind you is going to reward you with banging 10 the rear end of your car. 11 So redesign, yes, of our 12 intersections. Having Big Brother just is not 13 in our best interest. 14 And I would say to you that where 15 New York City has had this, so many 16 constituents of mine have said "I was not even 17 in New York City, I was in California," or 18 someplace else. So it's going to place an 19 additional burden on our citizens. And the 20 only thing it will do is collect additional 21 revenue for Suffolk County. 22 So I'm going to vote in the 23 negative on this bill, on the Nassau County 24 bill, and the New York City bill. I vote in

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(518) 371-8910 1 the negative. 2 ACTING PRESIDENT BRESLIN: 3 Senator LaValle will be recorded in the 4 negative. 5 Senator Adams, to explain his vote. 6 SENATOR ADAMS: Thank you, 7 Mr. President. 8 I just want to commend my colleague 9 on this bill. 10 I think that red lights and those 11 who are historically play the game of chicken 12 running through red lights, they cause a great 13 danger on our roadways. 14 And I don't believe it is just a 15 revenue generator, I believe that our roadways 16 are a place where we should be concerned about 17 those who are following not only the red 18 lights but following speed. If you're 19 following that close to a vehicle that you 20 can't stop in time to rear end them, then you 21 are driving too fast. 22 The bottom line is I am not afraid 23 of a red light camera because I do not run red 24 lights. And those who are concerned about red

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(518) 371-8910 1 light cameras, they should not run red lights. 2 So I think this is an important 3 bill. I would love to see red light cameras 4 throughout this state. I would love to see 5 cameras in speed zones, or zones where our men 6 and women on highways are attempting to fix 7 highways, to catch those who are speeding 8 through that area. 9 I think that technology should be 10 married with public safety and we can use 11 technology to ensure our roadways are safer. 12 And I commend my colleague on this bill. 13 I vote aye. 14 ACTING PRESIDENT BRESLIN: 15 Senator Adams will be recorded in the 16 affirmative. 17 Senator Marcellino, to explain his 18 vote. 19 SENATOR MARCELLINO: Thank you, 20 Mr. President. 21 I agree with my colleague Senator 22 Adams, this should not be considered a revenue 23 enhancement, because frankly they don't. 24 I agree with Senator Volker;

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(518) 371-8910 1 they've been proven not to enhance revenues in 2 the areas where they are. Nor do they improve 3 safety. 4 I will vote aye on this legislation 5 and all the other bills because these are not 6 mandates. This only authorizes local 7 municipalities and communities if they deem it 8 important or they deem it necessary to put 9 these in. We're not telling them they have to 10 do anything. 11 So on that basis, I will support 12 this legislation. 13 ACTING PRESIDENT BRESLIN: 14 Senator Marcellino will be recorded in the 15 affirmative. 16 Senator Saland, to explain his 17 vote. 18 SENATOR SALAND: Mr. President, 19 I've had enough experience in my district with 20 people who have been apparently falsely 21 accused of being in a particular community on 22 occasion. More often than not, it's been 23 New York City. A transposed number on a 24 license plate, they've been ticketed for

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(518) 371-8910 1 parking or whatever, it's a nightmare to try 2 and help them correct. 3 I looked at these bills very 4 quickly; we haven't had a lot of time to take 5 a look at them. And I was looking for 6 something that said that the person who is 7 accused of running a red light got perhaps a 8 photograph or copy of the photograph that was 9 taken of the car that passed through the red 10 light. 11 And in my rather quick look at the 12 bills, I simply could not find that. And 13 knowing the experiences I've had before, I 14 don't look forward to having constituents who 15 are going to have to contend with traffic 16 light issues because they don't have and don't 17 have with them, as some means of establishing 18 their innocence, a copy of whatever photograph 19 was taken. 20 And I would think that would be far 21 more beneficial. And I can't support that 22 bill, this bill, the other bills without that 23 kind of provision in it. 24 Thank you.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Saland will be recorded in the 3 negative. 4 Senator Dilan, to explain his vote. 5 SENATOR DILAN: Yes, I just want 6 to note for the record the legislative history 7 on this bill. 8 In 2008, a similar bill, S4296, by 9 Senator Fuschillo, established a red light 10 camera demonstration program for Nassau 11 County. The vote at that time was 58 to zero. 12 Also, in 2007, S4296, by Senator Fuschillo, 13 Nassau County, and the vote was 61 to zero. 14 Thank you. 15 ACTING PRESIDENT BRESLIN: 16 Senator Dilan will be recorded in the 17 affirmative. 18 Announce the results. 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 151 are 21 Senators DeFrancisco, Flanagan, O. Johnson, 22 LaValle, Maziarz, Ranzenhofer and Saland. 23 Also Senator Morahan. Also Senator Volker. 24 Ayes, 53. Nays, 9.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: The 2 bill is passed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: In relation to 6 Calendar Number 152, Senator C. Johnson moves 7 to discharge, from the Committee on 8 Transportation, Assembly Bill Number 7329 and 9 substitute it for the identical Senate Bill 10 Number 3749, Third Reading Calendar 152. 11 ACTING PRESIDENT BRESLIN: 12 Substitution ordered. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 152, by Member of the Assembly Lavine, 16 Assembly Print Number 7329, an act to amend 17 the Vehicle and Traffic Law and others. 18 ACTING PRESIDENT BRESLIN: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 10. This 22 act shall take effect on the 30th day. 23 ACTING PRESIDENT BRESLIN: Call 24 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT BRESLIN: 3 Senator Craig Johnson, to explain his vote. 4 SENATOR CRAIG JOHNSON: Thank you 5 very much, Mr. President. 6 I will be voting in the affirmative 7 on this measure. 8 And I wish to congratulate Senator 9 Fuschillo. I know for the past two years 10 Senator Fuschillo had a similar bill trying to 11 enact a red light camera program for Nassau 12 County. 13 And today, serving as a co-prime 14 sponsor on this, we're going to be able to get 15 it passed. It's passed the Assembly, finally. 16 And we will be able to bring these protective 17 devices to Nassau County. 18 So I want to say thank you to the 19 members of the Senate who support this 20 legislation, not just for Nassau County but 21 for Suffolk as well as Yonkers, Rochester, 22 Buffalo, and additional cameras in New York 23 City. 24 And again, I congratulate my good

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(518) 371-8910 1 friend Chuck Fuschillo, who I know has worked 2 tirelessly to try and get this effort 3 accomplished for the past couple of years. 4 I'll be voting yes. 5 Thank you, Mr. President. 6 ACTING PRESIDENT BRESLIN: 7 Senator Johnson will be recorded in the 8 affirmative. 9 Senator Fuschillo, to explain his 10 vote. 11 SENATOR FUSCHILLO: Thank you, 12 Mr. President. 13 Thank you, Senator Johnson. 14 I also want to note that Senator 15 Dilan said that last year it passed 58 to 16 nothing with no votes opposing it. 17 I agree with Senator Marcellino, 18 I've never viewed this bill as a 19 revenue-producing bill but rather as a traffic 20 safety measure. 21 On Long Island now, once it's 22 enacted by both county legislatures -- and in 23 other areas -- running through a red light is 24 not going to be as easy as it has been. We've

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(518) 371-8910 1 all witnessed this. The light turns yellow, 2 people know it's going to go red -- boom, they 3 go right through that red light. 4 Now, hopefully this will stop it. 5 It's changed the driving patterns in New York 6 City. I'm glad to see that New York City is 7 going to start expanding theirs. I wish there 8 was more in New York City. But this is a 9 lifesaving measure that is important. 10 The only roadblock over the years 11 has been the New York State Assembly. I'm 12 glad we've put down that roadblock and are now 13 moving forward. 14 I'll be voting yes. 15 ACTING PRESIDENT BRESLIN: 16 Senator Fuschillo will be recorded in the 17 affirmative. 18 Senator Adams, to explain his vote. 19 SENATOR ADAMS: Yeah, thank you, 20 Mr. President. 21 Just as I had pointed out in the 22 first discussion of the red light cameras, 23 there's two important aspects that need to be 24 understood.

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(518) 371-8910 1 One, you do get a photograph with 2 the vehicle when you run a red light. A 3 photograph is sent to the person who's accused 4 of running a red light with a picture of their 5 license. 6 The second, I think it's important, 7 if you look at the fact that it was reported 8 that in 2006, 171,000 crashes, 141,000 9 injuries, 887 fatalities, $14 billion was 10 attributed to that amount. And after the 11 institution of red lights in 2005 in the 12 New York City area, you see a substantial 13 decrease in accidents. 14 This is a real issue. And red 15 light cameras is a way to decrease the 16 problems. And anyone who has responded to 17 scenes where you have side-end collisions, you 18 see the severity of the damage on both the 19 driver's side and the passenger side. 20 So I want to commend again Senator 21 Johnson and Senator Foley, and Senator 22 Fuschillo for what he has done throughout the 23 years around this issue. 24 I will vote aye.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Adams will be recorded in the 3 affirmative. 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 152 are 7 Senators DeFrancisco, Flanagan, LaValle, 8 Maziarz, Morahan, Ranzenhofer, Saland and 9 Volker. 10 Ayes, 54. Nays, 8. 11 ACTING PRESIDENT BRESLIN: The 12 bill is passed. 13 The Secretary will continue to 14 read. 15 THE SECRETARY: In relation to 16 Calendar Number 153, Senator Dilan moves to 17 discharge, from the Committee on 18 Transportation, Assembly Bill Number 7328 and 19 substitute it for the identical Senate Bill 20 Number 3750, Third Reading Calendar 153. 21 ACTING PRESIDENT BRESLIN: 22 Substitution ordered. 23 The Secretary will read. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 153, by Member of the Assembly Silver, 2 Assembly Print Number 7328, an act to amend 3 the Vehicle and Traffic Law and the 4 Administrative Code of the City of New York. 5 ACTING PRESIDENT BRESLIN: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT BRESLIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BRESLIN: 14 Senator Liz Krueger, to explain her vote. 15 SENATOR LIZ KRUEGER: Thank you. 16 Well, others have spoken about the 17 other bills in their districts, and I want to 18 speak in favor of the bill. We have had this 19 program in New York City since 1994. We're 20 talking about fundamental public safety. 21 In my district, which is a heavily, 22 densely populated area, all roads, all 23 pedestrians, it has been critical to ensure 24 pedestrian safety to have a camera system

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(518) 371-8910 1 where drivers know that they will get caught 2 and they will get penalized if they run red 3 lights. 4 It has encouraged following the 5 speed limits. It has encouraged following our 6 traffic laws. It has absolutely saved lives. 7 And in addition to the public 8 safety factor, it has also freed up our police 9 to focus on the important public safety issues 10 that they should be working on. 11 My constituents tell me: "Why 12 can't you get a police officer to stand on 13 that corner and stop the speeders from going 14 through the red lights?" Because of red light 15 cameras, we can in fact free up our police to 16 do the jobs they need to do while encouraging 17 drivers to remember that there are laws, they 18 must follow them, there are risks, they can 19 kill people. 20 So I am delighted that we are 21 getting additional red light cameras in 22 New York City. And again, for other parts of 23 the state that haven't had them before, I 24 think you will learn it's a valuable addition

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(518) 371-8910 1 to your public safety program. 2 I vote aye. 3 Thank you, Mr. President. 4 ACTING PRESIDENT BRESLIN: 5 Senator Liz Krueger will be recorded in the 6 affirmative. 7 Senator Dilan, to explain his vote. 8 SENATOR DILAN: Yes. This bill 9 increases the number of cameras in New York 10 City from 100 to 150. 11 And according to a study done by 12 the New York City Department of 13 Transportation, red light violations have 14 dropped an average of 50 percent at monitored 15 intersections. And also, red light violations 16 declined overall by 72 percent. 17 And there has been a 32 percent 18 decrease in T-bone collisions where you have 19 these red light cameras, and also a 68 percent 20 reduction of T-bone-accident-related injuries. 21 So this is indeed a safety issue, 22 and it protects the public. And it also 23 happens to generate revenue from people who 24 violate the law.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT BRESLIN: 3 Senator Dilan will be recorded in the 4 affirmative. 5 Senator Stavisky, to explain her 6 vote. 7 SENATOR STAVISKY: Thank you, 8 Mr. President. 9 I represent a stretch of Queens 10 Boulevard in Queens that some in the press 11 have called the "Boulevard of Death" because 12 of the number of people -- number of 13 pedestrian accidents. And in fact, if you 14 drive down Queens Boulevard, you see signs 15 which say "A pedestrian was killed at this 16 intersection." 17 Now, we do have red light cameras 18 scattered throughout the county, on Queens 19 Boulevard, on Northern Boulevard. And there's 20 no question that the pedestrian accidents have 21 diminished. 22 Incidentally, there are a great 23 many senior citizens who live here, and that 24 is part of the problem. By having cars stop,

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(518) 371-8910 1 they are able to cross the street more safely. 2 But let me address the issue of 3 errors. I received a notice of a violation, 4 allegedly of my car, in Manhattan. And I took 5 a good look at the photograph, and it had my 6 license plate but it said "Judge." It was not 7 a Senate plate. I've also had one from the 8 Assembly with the same plate. 9 And all you have to do is send a 10 copy of your registration with the notice of 11 violation, and right away they are -- the 12 error is corrected. Easily, without any 13 problem, it is corrected, and that is a false, 14 false issue. 15 I don't see how anybody can really 16 vote against this bill and have an accident 17 without having their conscience bother them, 18 because this saves lives. Yes, it produces 19 money, but it saves lives. 20 I vote aye. 21 ACTING PRESIDENT BRESLIN: 22 Senator Stavisky will be recorded in the 23 affirmative. 24 Senator Saland, to explain his

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(518) 371-8910 1 vote. 2 SENATOR SALAND: Thank you, 3 Mr. President. 4 Mr. President, I had been advised 5 earlier today in conversation with Senator 6 Padavan that in fact -- and as affirmed by 7 Senator Stavisky -- that in the City of 8 New York when you receive a violation for 9 passing through a red light under one of these 10 cameras, that in fact you do get a copy of 11 your license plate. 12 That is not what the other bills 13 provide. Apparently the city has done that by 14 way of local law. It was not in the enabling 15 legislation. And that I find far more 16 comforting. 17 And I would welcome Senator 18 Stavisky meeting with members of my district 19 staff to find out the number of times we have 20 had to deal at great length and the enormous 21 amount of time consumed by dealing with 22 New York City Parking on one or another 23 violation when somebody wasn't within a 24 hundred miles of the city at the time that

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(518) 371-8910 1 they were purportedly there. 2 This distinguishes itself from the 3 other bills that we passed before, which 4 basically require that some local law be 5 enacted to make whatever the technology, the 6 camera, has produced available sometime prior 7 to whenever there is to be a judgment. 8 Hopefully those other counties or 9 municipalities that today will get the benefit 10 of this kind of legislation will do the very 11 same thing that the City of New York has 12 already done, which is to provide somebody 13 who's accused with a copy of the plate so 14 that, as reported by Senator Stavisky, on at 15 least two separate occasions she was able to 16 contact this bureau and say, Wait a minute, 17 wrong plate, please fix it, and they did. 18 Thank you. 19 ACTING PRESIDENT BRESLIN: 20 Senator Saland will be recorded in the 21 affirmative. 22 SENATOR SALAND: On this one, 23 yes. 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Senator Squadron, to explain his vote. 2 SENATOR SQUADRON: Thank you. 3 I rise in favor of this bill. Too 4 often the City of New York -- and I'd say 5 localities across the state, but certainly the 6 City of New York -- has come to Albany and has 7 said, Let us make our roads safer, let us have 8 the ability to enforce traffic safety, traffic 9 movement on our roads. And too often Albany 10 has said no. 11 I'm very proud that here in my 12 first year I'm able to vote for Senator 13 Dilan's bill and that the State Senate, under 14 the leadership of Malcolm Smith, is pushing 15 this forward. 16 Look, I have Canal Street in my 17 district, from one end of Canal Street to the 18 other, one of the most dangerous, most 19 congested streets anywhere in the State of 20 New York. And the number of tragedies that we 21 have seen on Canal Street in Chinatown, in 22 Lower Manhattan, and in downtown Brooklyn, 23 across my district, is just shocking. 24 And the fact that we're going to

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(518) 371-8910 1 have the ability now to say, in the city, You 2 know what, let's find intersections that need 3 this, let's put them in, and Albany's not 4 going to stand in the way anymore, is a great 5 thing. 6 So I will vote aye. Thank you, 7 Mr. President. 8 ACTING PRESIDENT BRESLIN: 9 Senator Squadron will be recorded in the 10 affirmative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 153 are 14 Senators DeFrancisco, Flanagan, LaValle, 15 Maziarz, Morahan, Ranzenhofer and Volker. 16 Ayes, 55. Nays, 7. 17 ACTING PRESIDENT BRESLIN: The 18 bill is passed. 19 Senator Klein, that completes the 20 noncontroversial reading of the supplemental 21 calendar. 22 SENATOR KLEIN: Mr. President, I 23 would just like to correct an oversight. 24 Senate Bill 3748, by Senator Foley,

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(518) 371-8910 1 was Senator Foley's first bill passed as a 2 State Senator. 3 (Applause.) 4 ACTING PRESIDENT BRESLIN: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 can we at this time take up a reading of 8 Calendar Number 34. 9 ACTING PRESIDENT BRESLIN: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 120, by Senator C. Johnson, Senate Print 3202, 13 an act to amend the Education Law and the 14 Retirement and Social Security Law. 15 ACTING PRESIDENT BRESLIN: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT BRESLIN: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed.

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(518) 371-8910 1 Senator Klein, that completes the 2 noncontroversial reading of the calendar. 3 SENATOR KLEIN: Mr. President, I 4 have a motion. 5 On behalf of Senator Aubertine, I 6 wish to call up Calendar Number 14, Assembly 7 Print Number 2301. 8 ACTING PRESIDENT BRESLIN: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 14, by Member of the Assembly McEneny, 12 Assembly Print Number 2301, an act to amend 13 the Agriculture and Markets Law. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 now move to reconsider the vote by which this 18 Assembly bill was substituted for Senate Print 19 Number 1676 on 2/24. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will call the roll on the 22 reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 62.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 now move that Assembly Bill Number 2301 be 5 recommitted to the Committee on Agriculture, 6 and that the Senate bill be restored to the 7 order of the Third Reading Calendar. 8 ACTING PRESIDENT BRESLIN: So 9 ordered. 10 Senator Klein. 11 SENATOR KLEIN: I now offer the 12 following amendments. 13 ACTING PRESIDENT BRESLIN: 14 Amendments received. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 immediately following session, there will be a 18 meeting of the Civil Service and Pensions 19 Committee in Room 332, and there will be an 20 immediate meeting of the Consumer Protection 21 Committee in Room 125. 22 ACTING PRESIDENT BRESLIN: 23 Immediately following session, there will be a 24 meeting of the Civil Service and Pensions

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(518) 371-8910 1 committee in the Majority Conference Room, 2 Room 332. Also immediately following session 3 there will be a meeting of the Consumer 4 Protection Committee in Room 125 of the 5 Capitol. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, is 8 there any further business at the desk? 9 ACTING PRESIDENT BRESLIN: No, 10 Senator Klein, the desk is clear. 11 SENATOR KLEIN: There being none, 12 I move that we adjourn subject to the call of 13 the Majority Leader, intervening days to be 14 legislative days. 15 ACTING PRESIDENT BRESLIN: There 16 being no further business to come before the 17 Senate, on motion, the Senate stands adjourned 18 at the call of the Majority Leader, 19 intervening days to be legislative days. 20 (Whereupon, at 11:30 a.m., the 21 Senate adjourned.) 22 23 24

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