Senate Transcript - April 21, 2009

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1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 21, 2009 11 3:29 p.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 recite the 5 Pledge of Allegiance to the Flag. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: The 9 invocation today will be delivered by Bishop 10 C. Nathan Edwers, senior pastor of the 11 Friendship Worship Center in Mt. Vernon, 12 New York. 13 BISHOP EDWERS: Thank you. 14 Let us pray. 15 Almighty God, who is the sustainer 16 and the monitor of human affairs, we thank You 17 for this day and all the possibilities that 18 this day brings. We thank You for the 19 opportunity of life and liberty. And we thank 20 You that You have provided us the access to 21 give reason and chart the path that others may 22 follow. 23 We pray for this State Legislature, 24 Assembly, the Governor and those who are in

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(518) 371-8910 1 authority. Please guide them, direct them, 2 inspire them to create a state government that 3 is for the people. Help us during these 4 challenging times to possess an equality of 5 fairness. 6 Please, Lord, provide us with the 7 sensitivity to never forget the homeless, the 8 disadvantaged, and the poor. Help us to 9 fulfill our purpose as we move towards our 10 destiny. 11 Now, when life shall come to an end 12 for us and the curtain is drawn, usher us into 13 our final resting place, where we will receive 14 our reward for the things that we have done. 15 We pray in the names that are 16 ascribed to You. Amen. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Bishop. 19 The reading of the Journal. 20 The Secretary will read. 21 THE SECRETARY: In Senate, 22 Monday, April 20, the Senate met pursuant to 23 adjournment. The Journal of Friday, April 17, 24 was read and approved. On motion, Senate

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(518) 371-8910 1 adjourned. 2 ACTING PRESIDENT BRESLIN: 3 Without objection, the Journal stands approved 4 as read. 5 Presentation of petitions. 6 Messages from the Assembly. 7 Messages from the Governor. 8 Reports of standing committees. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 believe there's a report of the Judiciary 12 Committee at the desk. 13 ACTING PRESIDENT BRESLIN: 14 Senator Klein, there is a report from the 15 Judiciary Committee here at the desk. 16 The Secretary will read. 17 THE SECRETARY: Senator Sampson, 18 from the Committee on Judiciary, reports the 19 following nominations. 20 As a judge of the Court of Claims, 21 Juan M. Merchan, of Douglaston. 22 ACTING PRESIDENT BRESLIN: 23 Senator Sampson. 24 SENATOR SAMPSON: Thank you very

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(518) 371-8910 1 much, Mr. President. 2 It gives me great pleasure to 3 present this nomination before the full body, 4 of Juan M. Merchan. Presently he's sitting as 5 a Family Court judge in Bronx County. He is 6 going to be appointed as a judge of the Court 7 of Claims. 8 And I want to commend him for his 9 exemplary background, especially coming from 10 Colombia and South America, next to the home 11 of my father in Guyana, South America. 12 And I want to commend the Governor 13 on this appointment. I know he would make his 14 family proud but, most of all, us in the 15 New York Senate proud. 16 Thank you very much, Mr. President. 17 ACTING PRESIDENT BRESLIN: Are 18 there any other Senators wishing to be heard 19 on the nomination? 20 The question is on the motion to 21 confirm the nomination of Juan M. Merchan, of 22 Douglaston, as a judge of the Court of Claims. 23 All those in favor signify by saying aye. 24 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT BRESLIN: The 5 motion carries. The nomination of Juan M. 6 Merchan as judge of the Court of Claims is 7 hereby confirmed. 8 (Applause.) 9 ACTING PRESIDENT BRESLIN: Judge 10 Merchan is joined by his wife, Lara Merchan; 11 son, Jordan Merchan; his daughter, Loren; and 12 a host of other relatives and friends from 13 across the state. 14 Congratulations, Judge Merchan. 15 The Secretary will read. 16 THE SECRETARY: As a judge of the 17 Rensselaer County Court, Andrew G. Ceresia, of 18 Wynantskill. 19 ACTING PRESIDENT BRESLIN: 20 Senator Sampson. 21 SENATOR SAMPSON: Mr. President, 22 once again, it gives me great honor and 23 pleasure to stand up here before you for the 24 nomination to the County Court of Rensselaer

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(518) 371-8910 1 for Andrew Ceresia. 2 I want to first of all acknowledge 3 that Mr. Ceresia is a graduate of Albany Law 4 School, which is an excellent institution, and 5 we turn out excellent individuals such as 6 myself. 7 (Laughter.) 8 SENATOR SAMPSON: And at this 9 point in time I want to commend the Governor 10 for his selection of Mr. Ceresia. And I want 11 to commend him for his stewardship. 12 Once again, I want to thank you, 13 Mr. President, for allowing me to speak on 14 this nomination. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Sampson. 17 Are there any other Senators 18 wishing to be heard on the nomination? 19 The question is on the motion to 20 confirm the nomination of Andrew G. Ceresia, 21 of North Greenbush, as a judge of the 22 Rensselaer County Court. All those in favor 23 please signify by saying aye. 24 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT BRESLIN: The 5 nomination of Andrew G. Ceresia, of North 6 Greenbush, as judge of the Rensselaer County 7 Court is hereby confirmed. 8 (Applause.) 9 ACTING PRESIDENT BRESLIN: 10 Senator McDonald, on the nomination. 11 SENATOR McDONALD: Thank you, 12 Mr. President. 13 He's a resident of mine. He's a 14 fine young man, an excellent, excellent 15 lawyer. And I'm so proud that we just 16 confirmed his judgeship. 17 Thank you. God bless him and his 18 family, I'm sure he'll do a good job. Thank 19 you. 20 ACTING PRESIDENT BRESLIN: Thank 21 you very much, Senator McDonald. 22 (Applause.) 23 ACTING PRESIDENT BRESLIN: Judge 24 Ceresia is joined by his wife, Tracee Ceresia;

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(518) 371-8910 1 his son, Braden Ceresia; his uncle, Richard 2 Ceresia; and his aunt, Josephine Chetko. 3 Judge Ceresia. 4 (Applause.) 5 ACTING PRESIDENT BRESLIN: The 6 Secretary will read. 7 THE SECRETARY: As judge of the 8 Fulton County Family Court, Edward F. Skoda, 9 of Johnstown. 10 ACTING PRESIDENT BRESLIN: 11 Senator Sampson. 12 SENATOR SAMPSON: Once again, 13 Mr. President, I want to commend the Governor 14 for the appointment of this individual, 15 Mr. Skoda, to the Fulton County Family Court. 16 And I know he will really make a difference, 17 especially in the lives of those individuals 18 that come before the Family Court. 19 And he has a great State Senator 20 that represents him in Senator Farley, which 21 I'm quite sure Senator Farley wants to speak 22 on this nomination. 23 ACTING PRESIDENT BRESLIN: 24 Senator Farley, to second.

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(518) 371-8910 1 SENATOR FARLEY: Thank you, 2 Senator Sampson. 3 Let me just say something about Ed 4 Skoda, who I've known for over 30 years. He 5 will be serving in the Family Court, which is 6 one of the most difficult courts, I think, in 7 the State of New York. 8 But if there's anybody that is able 9 to understand what the family is about, it's 10 Ed Skoda. He's joined here today with his 11 wife, Maureen Kelly Skoda, a graduate of 12 Nazareth College. And he has three 13 daughters -- Jennifer, who's a graduate of 14 Dartmouth, Mary Elizabeth, who's a graduate of 15 Middlebury, and Jill, who is a graduate of 16 Ithaca College. He paid a lot of tuition, to 17 say the least, and his daughters have done 18 very, very well. 19 Ed is a graduate of the local high 20 school in Gloversville. He's also a graduate 21 of Siena College, which had a wonderful year 22 in basketball. And he's a graduate of Albany 23 Law School, where our distinguished chairman 24 also went to school.

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(518) 371-8910 1 You know, he has served our 2 community up there in Fulton County so well. 3 He's served on practically every board you 4 could mention, with the YMCA and so many 5 things. And he's practiced law for a number 6 of years, and he has a distinguished record 7 before the bar and is recognized as one of the 8 area's finest lawyers. 9 He's joined here today by half of 10 Fulton County, I think. That just shows you 11 what they think of him. 12 And, Mr. President, it's with 13 enthusiasm that I endorse and second the 14 nomination of Ed Skoda for the Family Court 15 judge of Fulton County. 16 Thank you. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Farley. 19 Are there any other Senators 20 wishing to be heard on the nomination? 21 The question is on the motion to 22 confirm the nomination of Edward F. Skoda, of 23 Johnstown, as a judge of the Fulton County 24 Family Court. All those in favor please

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(518) 371-8910 1 signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT BRESLIN: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT BRESLIN: The 7 nomination carries. The nomination of Edward 8 F. Skoda, of Johnstown, as judge of the Fulton 9 County Family Court, is hereby confirmed. 10 Congratulations. 11 (Applause.) 12 ACTING PRESIDENT BRESLIN: Judge 13 Skoda is joined by his wife, Maureen, and, as 14 Senator Farley indicated, a host of others 15 from Fulton County. 16 The Secretary will read. 17 THE SECRETARY: As a judge of the 18 Oneida County Surrogate Court, Louis P. 19 Gigliotti, of New Hartford. 20 ACTING PRESIDENT BRESLIN: 21 Senator Sampson. 22 SENATOR SAMPSON: Once again, I 23 want to commend the Governor for this 24 appointment of Mr. Gigliotti to the Surrogate

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(518) 371-8910 1 Court of Oneida County. 2 And I know he will make a fine 3 judge, and I'm quite sure your Senator, 4 Senator Griffo, would be proud to know that an 5 individual like you will be sitting on the 6 Surrogate Court really dealing with issues 7 that really impact families, especially during 8 their time of need. 9 But once again, I want to commend 10 this body but most of all the Governor for 11 this appointment. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Sampson. 14 Senator Valesky. 15 SENATOR VALESKY: Would you 16 recognize Senator Griffo? 17 ACTING PRESIDENT BRESLIN: 18 Certainly. 19 Senator Griffo, on the nomination. 20 SENATOR GRIFFO: Thank you, 21 Mr. President. Thank you, Senator. 22 I also want to welcome 23 Mr. Gigliotti here. He is a citizen of our 24 county, he has a good reputation in our area.

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(518) 371-8910 1 He has been someone who many people know. And 2 he is going to be someone who will assume this 3 position and I know that will make a lot of 4 people who are supporting him right now proud 5 of his efforts. 6 So I want to congratulate 7 Mr. Gigliotti on his appointment today. 8 ACTING PRESIDENT BRESLIN: 9 Senator Valesky. 10 SENATOR VALESKY: Thank you, 11 Mr. President. I want to join my colleague 12 Senator Griffo in congratulating Lou Gigliotti 13 who's here with us with his family. 14 I don't have the pleasure of 15 knowing him for a very long time, but through 16 the process, the screening process, I had a 17 chance to meet with him and speak with him and 18 review his qualifications, and I can certainly 19 recommend him to the entire Senate. I have no 20 doubt that he will do a tremendous job as a 21 judge of the Oneida County Surrogate Court. 22 So I'm pleased to second the 23 nomination of Lou Gigliotti and request the 24 support of my colleagues.

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(518) 371-8910 1 Thank you, and congratulations. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Valesky. 4 Are there any other Senators 5 wishing to be heard on the nomination? 6 The question is on the motion to 7 confirm the nomination of Louis P. Gigliotti, 8 of New Hartford, as a judge of the Oneida 9 County Surrogate Court. All those in favor 10 please signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT BRESLIN: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT BRESLIN: The 16 motion carries. The nomination of Louis P. 17 Gigliotti as judge of the Oneida County 18 Surrogate Court is hereby confirmed. 19 Congratulations. 20 (Applause.) 21 ACTING PRESIDENT BRESLIN: Judge 22 Gigliotti is joined by his wife, Carmela 23 Gigliotti; his daughter, Mary; his father, 24 Felix; and again, a host of other relatives

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(518) 371-8910 1 and friends. 2 Congratulations, Judge Gigliotti. 3 (Applause.) 4 ACTING PRESIDENT BRESLIN: The 5 Secretary will read. 6 THE SECRETARY: As judge of the 7 Monroe County Court, Brian M. McCarthy, of 8 Rochester. 9 ACTING PRESIDENT BRESLIN: 10 Senator Sampson. 11 SENATOR SAMPSON: Thank you very 12 much, Mr. President. 13 I want to once again commend the 14 Governor for this appointment of Mr. McCarthy 15 to the Monroe County Court. 16 But at this point in time I want to 17 allow his Senator, Senator Robach, to say some 18 fine words about an individual that he 19 represents. 20 ACTING PRESIDENT BRESLIN: 21 Senator Robach. 22 SENATOR ROBACH: Thank you, 23 Mr. President. 24 I'm happy to also join in in this

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(518) 371-8910 1 nomination, and applaud the Governor for that. 2 I know Mr. McCarthy is not only a prominent 3 attorney but has been very active in our 4 community, and I think those are great assets 5 to possess on the bench. 6 And I also would say that some of 7 the other names I heard being considered, I 8 certainly think he was an excellent choice. 9 And I'm happy to second the 10 nomination of Mr. McCarthy for a judge of 11 Monroe County Court and wish him the best of 12 luck in serving the constituents of Monroe 13 County. 14 ACTING PRESIDENT BRESLIN: Are 15 there any other Senators wishing to be heard 16 on the nomination? 17 The question is on the motion to 18 confirm the nomination of Brian M. McCarthy as 19 judge of Monroe County Court. All those in 20 favor please signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT BRESLIN: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: The 2 motion carries. The nomination of Brian M. 3 McCarthy, of Rochester, as judge of the Monroe 4 County Court is hereby confirmed. 5 Congratulations. 6 (Applause.) 7 ACTING PRESIDENT BRESLIN: Judge 8 McCarthy is joined today by his wife, 9 Patricia, and his daughter, Colleen. 10 Congratulations, Judge McCarthy. 11 (Applause.) 12 ACTING PRESIDENT BRESLIN: The 13 Secretary will read. 14 THE SECRETARY: As judge of the 15 Court of Claims, Jeffrey D. Lebowitz, of 16 Jamaica. 17 ACTING PRESIDENT BRESLIN: 18 Senator Sampson. 19 SENATOR SAMPSON: At this point 20 in time, Mr. President, I would like to have 21 my colleague Senator Toby Stavisky proceed 22 with the nomination of the Honorable Jeffrey 23 D. Lebowitz. 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Senator Stavisky. 2 SENATOR STAVISKY: Yes, thank 3 you, Mr. President. And thank you, Senator 4 Sampson. 5 I'm delighted and very, very proud 6 to rise today to speak about Judge Jeffrey 7 Lebowitz, whom I've known for many, many 8 years. 9 And in fact, some of you may 10 remember his father, who served in the other 11 house. I see some of my colleagues are 12 shaking their heads. Sid Lebowitz served in 13 the Assembly with my husband many, many years 14 ago. And therefore, I think it's sort of 15 fitting that we meet today to confirm Judge 16 Lebowitz for the Court of Claims. 17 He has served in all of the courts 18 of the State of New York, from matrimonial 19 parts to criminal parts and the civil part of 20 the Supreme Court, the Criminal Court, and 21 currently he serves as an acting justice of 22 the Supreme Court of New York State. 23 He served in the district 24 attorney's office. He has been an assistant

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(518) 371-8910 1 and aide in the Assembly. He served in the 2 DA's office, as I said. 3 But it's his community activities 4 where I also bump into Judge Lebowitz quite 5 often, whether it be his service on the board 6 of trustees of the Reform Temple of Forest 7 Hills -- he's been involved with the Forest 8 Hills Little League, the Brandeis Association, 9 and all of the various civic and community 10 organizations in Queens County. He is a 11 resident of Forest Hills. 12 And I'm delighted to congratulate 13 both Judge Lebowitz and his family, who are 14 here today with him. 15 Thank you, Mr. President. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Stavisky. 18 Senator Volker. 19 SENATOR VOLKER: Yes, 20 Mr. President. I just want to say that people 21 often say to me: "Senator, if you're half as 22 good as your father" -- who was an 23 Assemblyman -- "you're pretty good." 24 So I just want to say to Judge

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(518) 371-8910 1 Lebowitz, if you're half as good as your 2 father, who is an Assemblyman who served with 3 my father, and who I knew, then you'll be a 4 great judge, and I'm sure you will be. 5 Congratulations. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Volker. 8 Senator Onorato. 9 SENATOR ONORATO: Thank you, 10 Mr. President. 11 I rise to second the nomination of 12 a wonderful, wonderful man who has such a 13 wonderful background in law enforcement, 14 starting out as an intern in the district 15 attorney's office and then winding up being 16 the law secretary to another dear friend of 17 mine, Judge Phil Chetta. 18 And I met the judge at many of the 19 swearing-in ceremonies throughout Queens 20 County. And he's done such an outstanding 21 job, when you look at this resume of his, you 22 wonder how come he's been an acting judge so 23 long. 24 Well, today your dreams have come

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(518) 371-8910 1 true. You'll no longer be an actor, you're a 2 full-fledged Court of Claims judge. 3 And I congratulate you, and I wish 4 you and your family everything that I wished 5 for me and my family. God bless you. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Onorato. 8 Are there any other Senators 9 wishing to be heard on the nomination? 10 The question is on the motion to 11 confirm the nomination of Jeffrey D. Lebowitz, 12 of Jamaica, as judge of the Court of Claims. 13 All those in favor please signify by saying 14 aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT BRESLIN: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT BRESLIN: The 20 motion carries. The nomination of Jeffrey D. 21 Lebowitz as judge of the Court of Claims is 22 hereby confirmed. 23 (Applause.) 24 ACTING PRESIDENT BRESLIN: Judge

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(518) 371-8910 1 Lebowitz is joined by his wife, Joan, and his 2 cousin Robert Katz. 3 Congratulations, Judge Lebowitz. 4 (Applause.) 5 ACTING PRESIDENT BRESLIN: We 6 will return to the regular order of business. 7 Reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Klein, for floor 12 substitutions. 13 SENATOR KLEIN: Mr. President, 14 are there any substitutions at this desk? 15 ACTING PRESIDENT BRESLIN: Yes, 16 there are, Senator Klein. 17 The Secretary will read. 18 THE SECRETARY: On page 13, 19 Senator Hassell-Thompson moves to discharge, 20 from the Committee on Crime Victims, Crime and 21 Corrections, Assembly Bill Number 4039 and 22 substitute it for the identical Senate Bill 23 Number 3744, Third Reading Calendar 145. 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Substitution ordered. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, 4 before we adopt the Resolution Calendar, I'd 5 like all of us to wish one of our colleagues, 6 Senator Craig Johnson, a happy birthday. 7 (Applause.) 8 SENATOR KLEIN: Rumor has it that 9 he's still under 40 years of age. 10 (Laughter.) 11 ACTING PRESIDENT BRESLIN: 12 Congratulations, Senator. 13 SENATOR KLEIN: Now, 14 Mr. President, at this time can we adopt the 15 Resolution Calendar in its entirety, with the 16 exception of Legislative Resolution 1446. 17 ACTING PRESIDENT BRESLIN: All 18 those in favor of adopting the Senate 19 Resolution Calendar in its entirety, with the 20 exception of Legislative Resolution 1446, 21 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 Resolution Calendar is adopted in its 4 entirety, with the exception of Legislative 5 Resolution 1446. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, at 8 this time can we take up Senate Resolution 9 1446. I ask that the resolution be read in 10 its entirety and move for its immediate 11 adoption and allow Senator Fuschillo to speak 12 on his resolution. 13 ACTING PRESIDENT BRESLIN: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Fuschillo, Legislative Resolution Number 1446, 17 memorializing Governor David A. Paterson to 18 proclaim April 2009 as Autism Awareness Month 19 in the State of New York. 20 "WHEREAS, It is the sense of this 21 Legislative Body to memorialize Governor David 22 A. Paterson to proclaim April 2009 as Autism 23 Awareness Month in the State of New York; and 24 "WHEREAS, Autism, the third most

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(518) 371-8910 1 common developmental disability in the United 2 States, is an affliction occurring in children 3 before the age of 3, recognized by 4 unresponsiveness to human contact, deficits in 5 language development, and peculiar reactions 6 to environmental stimuli; and 7 "WHEREAS, Affecting over 8 1.5 million Americans, the cause of autism is 9 unknown and is the result of a neurological 10 disorder; and 11 "WHEREAS, One in 150 children 12 nationally will be diagnosed with autism; and 13 "WHEREAS, Autism knows no racial, 14 ethnic, or social boundaries and is four times 15 more prevalent in boys than girls; and 16 "WHEREAS, Autism interferes with 17 the normal development of the brain in areas 18 of reasoning, social interaction, and 19 communication skills, causing people with 20 autism to have difficulty relating to others; 21 and 22 "WHEREAS, Over the past 30 years, 23 significant progress has been made in the 24 areas of research, medicine, diagnostic

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(518) 371-8910 1 issues, and therapies for autism, resulting in 2 improved quality of life for those with autism 3 and their loved ones; and 4 "WHEREAS, It is in the interest of 5 New York State to recognize the achievements 6 made and to continue these efforts by 7 promoting the awareness and fostering the 8 understanding of autism; and 9 "WHEREAS, Autism Awareness Month 10 has been recognized nationally since 1996; 11 now, therefore, be it 12 "RESOLVED, That this Legislative 13 Body pause in its deliberations to memorialize 14 Governor David A. Paterson to proclaim 15 April 2009 as Autism Awareness Month in the 16 State of New York; and be it further 17 "RESOLVED, That copies of this 18 resolution, suitably engrossed, be transmitted 19 to the Honorable David A. Paterson, Governor 20 of the State of New York; the Autism Coalition 21 of the Empire State; Autism Speaks; and the 22 National Alliance for Autism Research." 23 ACTING PRESIDENT BRESLIN: 24 Senator Fuschillo.

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(518) 371-8910 1 SENATOR FUSCHILLO: Thank you 2 very much, Mr. President. Just briefly. 3 I am honored to sponsor this 4 resolution declaring April Autism Awareness 5 Month here in the State of New York. 6 The resolution speaks for itself, 7 but when you think about -- 8 ACTING PRESIDENT BRESLIN: Excuse 9 me, Senator Fuschillo. 10 Can we have some order, please. 11 Thank you. 12 SENATOR FUSCHILLO: Thank you, 13 Mr. President. 14 This is a very important issue when 15 you think about that more than 1.5 million 16 Americans are affected with autism, and that 17 one in 150 children are diagnosed with autism, 18 a disease that has no racial, ethnic or social 19 boundaries. 20 And the resolution really spoke for 21 itself where it said great strides have been 22 made, but not enough. And we as a state have 23 to do more to support children with autism and 24 the families that have children with autism or

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(518) 371-8910 1 young adults or adults. 2 And hopefully soon this body will 3 be taking up legislation that I've sponsored 4 that would provide greater insurance coverage 5 to families of children with autism. 6 So I urge all to sponsor this 7 resolution, Mr. President. It will be opened 8 up for full sponsorship. And I thank you. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Fuschillo. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Thank you, 13 Mr. President. 14 In the first place, I'd like to 15 congratulate my colleague and thank him very 16 much for the very timely and important 17 resolution on a very serious, very serious 18 condition that affects families and children 19 all over this state, all over the United 20 States of America and the world. 21 Autism is a heartbreaking 22 condition. Nothing is worse to a parent than 23 to hear a diagnosis from a doctor that your 24 child has autism and that there really isn't

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(518) 371-8910 1 that much that they can do about it. It's a 2 heartrending situation for a parent, for 3 grandparents, for a family to deal with. More 4 and more of our families -- my own, my 5 extended family -- are faced with this 6 condition, are faced with this problem. 7 Awareness and education is the key. 8 Discovering the problem early, getting the 9 youngsters, especially the young children, 10 into treatment facilities and into schools 11 where they are cared for and given proper 12 training and education, goes a long way 13 towards helping these young people to be all 14 that they can be. 15 This resolution is very important. 16 And I urge all of us, all of my colleagues, to 17 go out and talk about this issue when you do 18 your speaking engagements, when you go into 19 the schools and when you talk to your 20 community groups. Because as I said before, 21 the best way to treat this, the best way to 22 deal with this problem is to catch it early, 23 get the youngsters diagnosed early, and get 24 their treatment started as soon as possible.

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(518) 371-8910 1 Miracles can happen, but we have to 2 get it early. And this resolution I think 3 points that out. And once again, I thank my 4 colleague Senator Fuschillo for bringing this 5 forward. And I hope the Governor goes forward 6 and does exactly what you said in this 7 resolution, Senator. 8 I urge every one of us to get on 9 this resolution and sponsor it and support it. 10 ACTING PRESIDENT BRESLIN: Thank 11 you, Senator Marcellino. 12 Senator McDonald. 13 SENATOR McDONALD: Thank you, 14 Mr. President. Thank you for the resolution. 15 Like it's been said already, 16 eventually autism and similar-type problems 17 affect everybody. It gives you a different 18 perspective. It can hit anywhere. There's no 19 geography, no race, no religion, no ethnicity. 20 It hits everybody. 21 I know; I'm the grandfather of two 22 little boys, Jacob and David, 4 and 6 years 23 old, both autistic. Brothers go through life. 24 It's serious stuff. I said to myself when I

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(518) 371-8910 1 found this out a couple of years ago -- my 2 daughter had a second child not knowing the 3 first child had a problem -- it opened up a 4 new world to me. Made me a different person. 5 A lot more sensitive to people with 6 disabilities. 7 I found out something that I 8 learned a long time ago, but it comes back to 9 repeat over and over again. Sooner or later, 10 everybody and their family and friends will 11 encounter a problem. And when they do, 12 they'll be reaching out to society as a whole 13 to help. 14 I know this body, the Assembly, our 15 governors, I know they care. I've divided 16 this problem into two categories. A macro 17 category. I can't walk through my district 18 when people who have these problems and their 19 families don't come up to me and say: "What 20 causes it?" I don't know. "How can we cure 21 it?" I really don't know. A lot of research 22 is going on. A lot of well-intentioned, good 23 folk are trying desperately to do something. 24 I call that the macro problem,

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(518) 371-8910 1 supporting federal government proposals and 2 legislation, our great universities all 3 throughout New York State, our Governor, our 4 Commissioner of Mental Health and Development, 5 all the folks that are needed to support on 6 that macro issue. 7 What I want to focus on, with your 8 help and the Assembly's -- nonpartisan, I 9 know; many from both sides have talked to 10 me -- what I want to focus on, and I know we 11 all have big hearts, is how do we make it 12 better for the people who have this problem, 13 whether they be children, adults. How do we 14 make it better for their caregivers, their 15 family members, the special ed teachers, the 16 wonderful volunteers in these organizations? 17 How do we help them, whether it be in respite 18 programs, additional education, funding, or if 19 the worst-case scenario occurs, 20 institutionalization? 21 This is real. It was mentioned 22 earlier about the percentages, 1 out of 150. 23 Those numbers are old; it's going to be less 24 than that. New Jersey, I think, was 1 out of

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(518) 371-8910 1 95. 2 I don't know what causes it. We 3 feel like we are so unknowledgeable about it, 4 it's frustrating. But we are going into a 5 battle. And I'm grateful that all of you are 6 going into this battle with me. I'm grateful 7 our Governor, our Commissioner, the Assembly, 8 both parties are doing this. 9 I was honored in the Assembly to be 10 my party's chairman of a special task force. 11 It was only about a year, a year and a half 12 old before I came over here. I traveled 13 throughout the state, different communities. 14 It was sad. It was frustrating. I saw people 15 who were distraught, people of all 16 backgrounds. I felt frustrated. I wanted to 17 help them. 18 I've been blessed that Dean Skelos, 19 my leader, has appointed me to the same type 20 of task force we're creating. I will be 21 reaching out to both sides of the aisle. I 22 will be reaching out to the other house, to 23 the Governor. There's nothing I won't do. 24 And I appreciate everything that

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(518) 371-8910 1 you folks do. I have no doubt in my mind that 2 we stand as 62 on this issue. And whether 3 it's this disability or any disability, I 4 believe we all stand together, and I'm proud 5 to be a part of your team. God bless you all. 6 (Applause.) 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator McDonald. 9 Senator Volker. 10 SENATOR VOLKER: Mr. President, I 11 too am proud to speak on behalf of this 12 resolution, and I want to thank Senator 13 Fuschillo for the resolution. 14 My son, Dr. Martin Volker, and now 15 his wife, Dr. Gloria Lee Volker, have been 16 doing studies on autism for many years. And 17 in fact, this Legislature has provided funding 18 to SUNY Buffalo -- as well as other places in 19 the state, but SUNY Buffalo has been doing 20 particularly fine work on an area called 21 Asperger's syndrome, which is a part of the 22 whole issue of autism. 23 We just don't understand -- and one 24 of the issues that I said to my son, is there

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(518) 371-8910 1 more autism now than there was a few years 2 ago? And his answer was, "We believe there 3 is. But people should know that years ago, 4 people did not understand that someone had 5 autism." 6 And the tragedy of it is that some 7 of the people in our jails, we're now finding 8 out that those people actually have autism. 9 And part of their problem and part of the 10 reason they ended up in jail was autism, 11 because it is a debilitating syndrome. 12 There is a lot of work going on, 13 but a lot more needs to be done. I'm proud of 14 my son and his wife and what they've done. 15 But as they've said, they have a long, long, 16 long way to go. 17 But this Legislature, I will say -- 18 I'm not supposed to say some of the good 19 things that have been done. But the Governor 20 cut out virtually all the autism funding in 21 the original bill, and this Legislature -- and 22 I believe it was, in fact, the Senate -- did 23 restore a small amount of money for autism, 24 and part of that funding is going to Buffalo,

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(518) 371-8910 1 to SUNY Buffalo. 2 So I want to thank my colleagues 3 and thank Chuck, Senator Fuschillo, for this. 4 This is something that we have got to deal 5 with because it is part of the future, the 6 necessary future of medical care in this 7 nation. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator Volker. 10 Senator Nozzolio. 11 SENATOR NOZZOLIO: Thank you, 12 Mr. President. On the resolution. 13 I rise with great honor and thanks 14 to Senator Fuschillo for helping this 15 legislative body promote the importance of 16 focus on this very, very important issue. 17 When 1 in 150 families are directly impacted, 18 we certainly need to have a clarion call 19 throughout this state and nation to help and 20 to focus and to early diagnose and treat the 21 conditions of the autism syndrome. 22 That early intervention is 23 essential, caregiving, respite, providing 24 appropriate daycare, and of course support of

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(518) 371-8910 1 the scientific research done at our fine 2 universities across this state and 3 particularly at the University of Rochester 4 Medical Center, where an autism center has 5 been established. 6 That it's critical that we help 7 families. Last year I conducted an autism 8 summit in my senatorial district, had well 9 over 250 people attending. It is a critical 10 issue for families across this state. 11 And thanks to Senator McDonald, for 12 taking the lead in helping as a task force in 13 a bipartisan, nonpartisan fashion, to ensure 14 that appropriate state policies are put 15 forward to support those families that are 16 confronted with these significant challenges. 17 Thank you, Mr. President, for the 18 opportunity to join in support of this great 19 resolution. 20 ACTING PRESIDENT BRESLIN: Thank 21 you, Senator Nozzolio. 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: Yes, I rise 24 to support the resolution.

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(518) 371-8910 1 And I'm not going to repeat 2 anything that anybody's said up to this point, 3 because it is all very to the point. And 4 efforts towards curing autism are essential 5 for all New Yorkers. 6 The reason I rise is that Senator 7 Fuschillo not only has this resolution but he 8 has a bill, Senate 2366. That's an important 9 bill that just doesn't give platitudes about 10 what we should be doing and tell everyone how 11 we feel for them, it actually will have an 12 important effect towards helping families with 13 insurance coverage when they have family 14 members with autism. 15 So I rise to urge the new Senate 16 Majority to put Senate Bill 2366 on the 17 calendar so we can vote to do something 18 constructive in addition to giving verbal 19 support to people and families that are 20 suffering from autism in their family. 21 Thank you, Mr. President. 22 ACTING PRESIDENT BRESLIN: Thank 23 you, Senator DeFrancisco. 24 Senator Serrano.

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(518) 371-8910 1 SENATOR SERRANO: Thank you, 2 Mr. President. 3 Previous Senators have mentioned 4 that there really isn't anyone who isn't in 5 some way touched by autism, and I'm no 6 exception. My nephew, a beautiful 4-year-old 7 boy, has been diagnosed on the autism 8 spectrum. And I recall the pain in my 9 sister's eyes in trying to understand and 10 really sort of wrap her life around what has 11 happened. 12 And I think it's important that we 13 as a legislature talk about this. Because 14 what I have found in speaking with my sister 15 and other parents in this situation is that 16 not only do they want the scientific research 17 to be done, but they also want to know that 18 people care, that people are speaking about 19 this. They're grasping at whatever they can 20 get to get the energy that they need to 21 continue to push everyday for their kids. 22 What really I think frightens so 23 many of us is that when you think about these 24 numbers -- which are being updated all the

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(518) 371-8910 1 time -- of the number of autistic children for 2 every number of children born, it is 3 increasing. And we're going to see an entire 4 generation of autistic people unless we can 5 start to reverse this trend. 6 And I think we need to have far 7 more aggressive research done, genetic 8 research. I think everything should be on the 9 table. Because when you think about the 10 staggering numbers that we're looking at for 11 autism, we really can't wait. Every day, more 12 and more children are diagnosed with this 13 disease. 14 So on behalf of my sister and my 15 family and so many other families who are 16 raising beautiful, wonderful, enjoying life 17 with their children who have autism but are 18 hoping for a better day for them, let us 19 continue to work in a bipartisan fashion as a 20 state legislature to promote the research 21 needed, to promote the change needed, but also 22 to show parents that we are thinking about 23 this, that we are talking about it, and that 24 we care about it.

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(518) 371-8910 1 Thank you. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Serrano. 4 Are there any other Senators 5 wishing to be heard on the resolution? 6 The question is on the resolution. 7 All those in favor please signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT BRESLIN: The 14 resolution is adopted. 15 At the request of the sponsor, the 16 resolution is open for multisponsorship by the 17 entire house. Any member wishing not to be a 18 sponsor of the resolution shall so inform the 19 desk. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, at 22 this time can we move to a reading of Senate 23 Calendar 36. 24 ACTING PRESIDENT BRESLIN: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 57, by Senator Little, Senate Print 739, an 4 act to authorize certain healthcare 5 professionals. 6 ACTING PRESIDENT BRESLIN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect July 22, 2009. 10 ACTING PRESIDENT BRESLIN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT BRESLIN: 14 Announce the results. 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT BRESLIN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 87, by Senator Volker, Senate Print 2405, an 20 act to amend the Criminal Procedure Law, in 21 relation to sentence of parole supervision. 22 ACTING PRESIDENT BRESLIN: Read 23 the last section. 24 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 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: Ayes, 62. 8 ACTING PRESIDENT BRESLIN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 121, by Member of the Assembly Bradley, 12 Assembly Print Number 3169, an act to amend 13 the Public Officers -- 14 SENATOR LIBOUS: Lay the bill 15 aside, please. 16 ACTING PRESIDENT BRESLIN: The 17 bill is laid aside. 18 THE SECRETARY: Calendar Number 19 122, by Member of the Assembly Destito, 20 Assembly Print Number 6382, an act to amend 21 the Public Officers Law, in relation to 22 records. 23 ACTING PRESIDENT BRESLIN: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 123, by Senator Valesky, Senate Print 3195, an 13 act to amend the Public Officers Law, in 14 relation to recording. 15 SENATOR VALESKY: Lay the bill 16 aside for the day, please. 17 ACTING PRESIDENT BRESLIN: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 124, by Senator C. Johnson, Senate Print 21 3348A, an act to amend the Public Officers 22 Law, in relation to definition. 23 ACTING PRESIDENT BRESLIN: Read 24 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT BRESLIN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT BRESLIN: 7 Announce the results. 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT BRESLIN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 125, by Member of the Assembly John, Assembly 13 Print Number 2046A, an act to amend the Public 14 Officers Law, in relation to enforcement. 15 ACTING PRESIDENT BRESLIN: Read 16 the last section. 17 THE SECRETARY: Section 2 -- 18 SENATOR MARCELLINO: Lay it 19 aside. 20 ACTING PRESIDENT BRESLIN: The 21 bill is laid aside. 22 Senator Klein, that completes the 23 reading of the noncontroversial calendar. 24 SENATOR KLEIN: Mr. President,

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(518) 371-8910 1 can we now have a reading of the controversial 2 calendar. 3 ACTING PRESIDENT BRESLIN: The 4 Secretary will please ring the bell. 5 Members are asked to come to the 6 chambers for the controversial reading of the 7 calendar. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 121, by Member of the Assembly Bradley, 11 Assembly Print Number 3169, an act to amend 12 the Public Officers Law. 13 ACTING PRESIDENT BRESLIN: 14 Senator Libous. 15 SENATOR LIBOUS: Mr. President, I 16 believe Senator Winner has an amendment at the 17 desk. If we can waive its reading and call on 18 Senator Winner, please. 19 ACTING PRESIDENT BRESLIN: 20 Senator Winner. 21 SENATOR WINNER: Mr. President, I 22 have the following amendment. 23 Mr. President, this amendment is 24 designed to deal with what the world

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(518) 371-8910 1 recognized as one of the most deficient 2 budgetary processes that we've ever seen in 3 the history of this state, which was the 4 adoption of the 2009-2010 Executive Budget. 5 That process is even acknowledged by those who 6 supported the budget to be extraordinary 7 flawed and need to do better. 8 And one of the keystones of the 9 former budget reform of 2007 was that we have 10 provided for the formation, upon submission of 11 the budget and deliberations continuing 12 thereon, that we have the formation and the 13 operation of conference committees between the 14 two houses. 15 We all know that the three New York 16 City Democrats in a room that we experienced 17 in that budget produced a product that I don't 18 think many people were particularly proud of. 19 And we're now only learning day by day certain 20 flaws and certain deficiencies and certain 21 necessities of amendments and reconstruction 22 and changes that are going to be necessary as 23 we uncover the mistakes that were made in the 24 adoption of that budget.

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(518) 371-8910 1 The conference committee process 2 would have undone a lot of those mistakes and 3 certainly would have produced a product that 4 would have been, in the use of one of your 5 favorite terms, better transparency. 6 Obviously, better informing the public, better 7 informing the legislators and, most 8 importantly, producing a better product for 9 the people of the State of New York. 10 The failure to adopt those 11 conference committees was justified by a 12 rather tortuous explanation predominantly 13 promoted by the Speaker of the Assembly, and 14 that was: Well, because we're both Democrats 15 and because we really don't have any 16 disagreements, that we can work this out 17 together and we don't need to have conference 18 committees because there really aren't any 19 competing proposals. 20 So not only did neither house of 21 the Legislature pass competing budget 22 proposals so as to have a functioning 23 circumstance where differences of the two 24 houses are resolved, they chose to ignore that

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(518) 371-8910 1 circumstance in its entirety and just revert 2 again and scurry back behind the closed doors 3 of the three-men-in-a-room process. 4 This amendment, Mr. President, 5 would require under all circumstances that 6 those conference committees meet and that 7 those conference committees operate within the 8 budget negotiation process so the public, the 9 Legislature, the members of the staff and 10 everyone can produce a better product for the 11 benefit of the people of the State of 12 New York. 13 I would move the amendment. 14 ACTING PRESIDENT BRESLIN: Are 15 there any other Senators wishing to be heard 16 on the amendment? 17 Seeing none, the question is on the 18 nonsponsor motion to amend Calendar Number 19 Calendar Number 121. 20 SENATOR LIBOUS: Mr. President, 21 can we please, as usual, have a fast roll call 22 on this? 23 ACTING PRESIDENT BRESLIN: Yes, 24 Senator Libous.

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(518) 371-8910 1 Those Senators voting in support of 2 the nonsponsor amendment please raise your 3 hands. 4 Announce the results. 5 THE SECRETARY: Ayes, 30. Nays, 6 30. 7 ACTING PRESIDENT BRESLIN: The 8 motion fails. 9 On the bill, read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT BRESLIN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT BRESLIN: The 16 Secretary will ring the bell. 17 Everyone in their seats. 18 Announce the results. 19 THE SECRETARY: In relation to 20 Calendar Number 121: Ayes, 60. Nays, 0. 21 Absent from voting: Senators Diaz 22 and Seward. 23 ACTING PRESIDENT BRESLIN: The 24 bill is passed.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 125, by Member of the Assembly John, Assembly 4 Print Number 2046A, an act to amend the Public 5 Officers Law. 6 SENATOR MARCELLINO: Explanation, 7 please. 8 ACTING PRESIDENT BRESLIN: 9 Senator Oppenheimer, an explanation has been 10 requested by Senator Marcellino. 11 Excuse me, Senator. Can we have 12 quiet, please. 13 SENATOR OPPENHEIMER: Thank you, 14 Mr. President. 15 This is a relatively simple bill 16 that just is designed to strengthen the Open 17 Meetings Law, which has been of great value to 18 us in government and certainly for the 19 citizenry. 20 And what this says is there are two 21 means to enforcing that the decisions made are 22 made in public by the public entity. And one 23 way of enforcing action would be a stay on the 24 implementation of whatever action was taken in

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(518) 371-8910 1 that closed meeting, so that the meeting would 2 have to occur again and all the information 3 that was held in private would then have to be 4 offered to the public. 5 And the other is a fine of up to 6 $500 on the public body that was in violation 7 of the Open Meetings Law. 8 That's the whole bill. 9 ACTING PRESIDENT BRESLIN: Can we 10 please continue to have some quiet. Thank 11 you. 12 Senator Oppenheimer. 13 SENATOR OPPENHEIMER: I have 14 concluded. I said that it was a $500 fine for 15 each public body that has held what amounts to 16 a closed meeting. They have done the business 17 of the people and of the government in 18 private, and they either have to revisit that 19 issue again in public and review everything 20 that they had done in private and/or they will 21 have a fine of up to $500. 22 ACTING PRESIDENT BRESLIN: 23 Senator Marcellino. 24 SENATOR MARCELLINO: Thank you,

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(518) 371-8910 1 Mr. President. If Senator Oppenheimer would 2 yield for a question, through you. 3 SENATOR OPPENHEIMER: Of course. 4 ACTING PRESIDENT BRESLIN: Excuse 5 me. Can we have some quiet, please. 6 Senator Oppenheimer yields, Senator 7 Marcellino. 8 SENATOR OPPENHEIMER: I'm happy 9 to yield. 10 SENATOR MARCELLINO: Thank you, 11 Mr. President. Thank you, Senator 12 Oppenheimer. 13 Senator, would you agree with me 14 that the FOIL law -- which, by the way, was a 15 product of my predecessor during his tenure 16 here -- would you agree with me that that law 17 is somewhat vague as to when it applies and 18 when it doesn't apply? 19 SENATOR OPPENHEIMER: In 20 response, I think it gets more and more 21 defined each time a case comes before the 22 public and the courts. 23 SENATOR MARCELLINO: Again, 24 through you, Mr. President, would the Senator

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(518) 371-8910 1 yield? 2 ACTING PRESIDENT BRESLIN: 3 Senator Oppenheimer, do you continue to yield 4 to Senator Marcellino? 5 SENATOR OPPENHEIMER: Of course. 6 SENATOR MARCELLINO: The reason I 7 ask you that question, I sat on a school 8 board -- and I know you were a member of a 9 local government body. And I remember we used 10 to do a lot of executive session meetings. 11 And most of the time in executive session, we 12 were debating did we belong in executive 13 session or not. 14 And finally our school board just 15 simply came up with the decision that if one 16 member of the board felt we were somehow in 17 any way, shape or form doing something that 18 could possibly be considered incorrect, we 19 went public with it. We just did everything 20 we could to do that. 21 My question to you is, this bill, 22 you mentioned some issues in your explanation 23 as to what the bill does. What is new in this 24 bill that is not already in existing state

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(518) 371-8910 1 law? 2 ACTING PRESIDENT BRESLIN: 3 Senator Oppenheimer. 4 SENATOR OPPENHEIMER: In 5 response, the first part, which is that you 6 must then do -- the business that you have 7 done in private, you then must do in public. 8 And so that has been prescribed before in law. 9 But what is new is the fine. The 10 fine has not been there before. And we think 11 that that would be even further deterrence. 12 But I empathize with what you're 13 saying, Senator Marcellino, because I also was 14 a board that was constantly, whenever we went 15 into closed session, it was oh, my God, is 16 this really something that, you know, 17 qualifies for closed session, and then we'd 18 spend 10 minutes talking about can we be in 19 closed meeting. 20 So I know what you're saying. And 21 in some areas it is vague, but it is getting 22 more and more defined by the courts. 23 SENATOR MARCELLINO: Thank you, 24 Mr. President. On the bill.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Marcellino, on the bill. 3 SENATOR MARCELLINO: Mr. 4 President, the reason I raised the issue is 5 because this FOIL law is, in my opinion, a 6 vague bill. We have not defined the 7 parameters clearly enough, the circumstances 8 clearly enough for local municipalities, fire 9 districts, water districts, sewer districts. 10 These are run by well-meaning volunteers in 11 most cases -- unpaid, well-meaning volunteers 12 who may not have great legal backgrounds and 13 who may not totally understand it. 14 We are putting them under pressure. 15 We are now going to possibly levy a fine. 16 Some citizen who had a decision made that they 17 didn't agree with or they didn't like will 18 come back with an attorney, sue the board or 19 the entity to review everything. They may be 20 subject to a fine. 21 The question is, who would pay the 22 fine? Is it the individuals who made the 23 decision, or is it the district itself? So in 24 the case of a school board, are we fining the

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(518) 371-8910 1 school district or the members of the board? 2 Are we fining the municipality or the members 3 of the board that made the decision to go into 4 executive session -- maybe improperly, maybe 5 out of ignorance, certainly I don't believe 6 out of intent. 7 The issue here is I think we need 8 to take a step back before we start fining 9 people for something that may be done 10 inadvertently. And I think we should clear up 11 the law and make it absolutely transparent and 12 absolutely crystal-clear as to what can be 13 done in executive session and what cannot be 14 done in executive session. And we should do 15 that before we get into the fining business. 16 You know, I've put legislation 17 before this house on a number of occasions to 18 increase penalties and increase fines, and 19 Senator Montgomery has always opposed me. I 20 take that back. No offense meant to Senator 21 Montgomery; I love her dearly. 22 But the point being is that before 23 we get into the fining stuff, I think we have 24 to do the defining a little better. And I

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(518) 371-8910 1 don't think this bill clarifies the issue 2 enough before we go forward. So I would ask 3 that we just take another look. 4 I'm going to support the bill. But 5 we should just take a look at the law, and we 6 should take a look at defining what can and 7 cannot be done in the future so we have a 8 better FOIL law than we have at the present 9 time. 10 I will vote aye on this bill. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Marcellino. 13 Senator Ranzenhofer. 14 SENATOR RANZENHOFER: Thank you, 15 Mr. President. 16 I want to rise and talk about this 17 bill that we have in front of us. And quite 18 frankly, the comments that I'm going to make 19 about this bill could actually apply to the 20 five bills that were on the agenda today. 21 ACTING PRESIDENT BRESLIN: 22 Senator Ranzenhofer, on the bill. 23 SENATOR RANZENHOFER: Thank you. 24 My apologies.

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(518) 371-8910 1 One of the bills that we were 2 dealing with today dealt with posting notices 3 on the website. Then we had one dealing with 4 FOIL requests, being able to respond with 5 electronic mail. We had one with recording 6 and broadcasting and again putting things on 7 the website. Then we had one expanding the 8 definition of a public body. And then on this 9 particular one, with the enforcement of the 10 Open Meetings Law and the imposition of a 11 fine. 12 And as I was reading through some 13 of the justifications -- and I'll just read 14 one of the justifications that I read on one 15 of the bills. It talked about "institutions 16 and organizations charged with the 17 responsibility of serving the general public 18 should be required to make the necessary 19 arrangements to allow for as much transparency 20 and openness in their deliberations as 21 possible." 22 And what struck me as a new member 23 of this body, having been here now for 24 approximately 3 1/2 months, is that -- and

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(518) 371-8910 1 again, I don't have the history of what the 2 prior proceedings were like. But I think the 3 general feeling in Albany and across the state 4 is that this was probably one of the least 5 transparent, least open, most secretive 6 deliberations that ever took place not only in 7 the State of New York but in the history of 8 the United States. 9 And simply because you are 10 introducing a piece of paper which says that 11 you are in favor of openness and transparency, 12 I don't think that you're really fooling the 13 public by what your actions really are on this 14 bill or any of the other five bills. You 15 can't say that you're for openness, you can't 16 say that you are for having transparent 17 government operations and then conduct your 18 actions in the exact opposite way. 19 That would be like saying that 20 you're not in favor of raising spending and 21 then you vote for a budget which increases 22 spending by $10 billion. That would be like 23 saying that you're in favor of restoring STAR 24 rebate checks after having just taken an

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(518) 371-8910 1 action where you took that away from millions 2 of people across the state. 3 So I don't think that the people of 4 this state are being fooled. These are 5 actions which, if ever enacted, would be good, 6 but I think the public is a lot wiser to what 7 is really going on. And I only hope that the 8 actions of this body actually matches the 9 pieces of paper that we're discussing today. 10 Thank you, Mr. President. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Ranzenhofer. 13 Are there any other Senators 14 wishing to be heard on the bill? 15 Hearing none, the debate is closed. 16 The Secretary will ring the bells. 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 60th day. 20 ACTING PRESIDENT BRESLIN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT BRESLIN: 24 Announce the results.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 125: Ayes, 60. Nays, 0. 3 Absent from voting: Senators Diaz 4 and Seward. 5 ACTING PRESIDENT BRESLIN: The 6 bill is passed. 7 Senator Klein, that completes the 8 controversial reading of the calendar. 9 SENATOR KLEIN: Mr. President, I 10 believe there's a couple of motions to 11 discharge at the desk. I ask that we take 12 them up at this time. 13 ACTING PRESIDENT BRESLIN: The 14 Secretary will read. 15 THE SECRETARY: Senate Print 16 1989, by Senator Griffo, an act to amend the 17 Penal Law. 18 SENATOR PADAVAN: Mr. President, 19 would you recognize Senator Griffo, please. 20 ACTING PRESIDENT BRESLIN: 21 Senator Griffo. 22 SENATOR GRIFFO: Thank you, 23 Mr. President. 24 In 2001 the Legislature enacted a

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(518) 371-8910 1 law that dealt with sexual assault, the Sexual 2 Assault Reform Act. What we neglected, what 3 the Legislature neglected to do, making it a 4 felony for any unlawful sexual contact with 5 individuals under 13, what was neglected was 6 to do the same for the crime of sexual abuse. 7 And as a result of that, only if 8 you are under the age of -- 9 ACTING PRESIDENT BRESLIN: Excuse 10 me, Senator Griffo. 11 Can we continue to have some quiet, 12 please. Thank you. 13 SENATOR GRIFFO: So it would be a 14 felony relative to sexual assault if that 15 inappropriate sexual contact took place. But 16 for the crime of sexual abuse, that was not 17 the case. Only under the age of 11 would that 18 felony come into play. 19 So this piece of legislation 20 corrects that, continues to make sure that we 21 express how we believe that this crime of 22 sexual abuse is equally as important as the 23 crime of sexual assault, particularly when 24 you're looking at minors.

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(518) 371-8910 1 And under its current status, the 2 way the law is right now, if somebody were to 3 inappropriately abuse someone at the age of 4 12, for instance, it would be treated the same 5 way as if someone went and stole a pack of gum 6 from a convenience store. So this would 7 elevate that crime to a felony. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator Griffo. 10 Are there any other Senators 11 wishing to be heard? 12 Senator Schneiderman. 13 SENATOR SCHNEIDERMAN: Thank you, 14 Mr. President. 15 I think Senator Griffo has raised 16 an important issue. There are other people 17 who have raised this concern. And this does 18 reflect an inconsistency in the law when we 19 revised the rape laws a number of years ago. 20 We will be taking up this issue in 21 the Codes Committee. I will be voting against 22 the bill today, because I don't think in this 23 instance it is appropriate to circumvent the 24 committee procedure. But I do appreciate the

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(518) 371-8910 1 Senator's passion on the issue. And it is 2 something, as I've indicated to Senator 3 Griffo, that we will be addressing in the 4 committee. 5 ACTING PRESIDENT BRESLIN: 6 Senator DeFrancisco. 7 SENATOR DeFRANCISCO: I don't 8 know the procedure, but is it appropriate for 9 me to ask Senator Schneiderman if he'd yield 10 to a question? 11 ACTING PRESIDENT BRESLIN: It's a 12 motion and not a bill. So I believe it would 13 be -- 14 SENATOR DeFRANCISCO: Well, point 15 of order. I believe he spoke on the bill and 16 gave -- on the motion and gave his position on 17 the motion. I have a question as to his 18 position. 19 ACTING PRESIDENT BRESLIN: I 20 believe he misspoke. 21 SENATOR DeFRANCISCO: He 22 misspoke. 23 ACTING PRESIDENT BRESLIN: Right. 24 But I'll ask Senator Schneiderman,

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(518) 371-8910 1 even though I disagree and I think that he is 2 not permitted, if Senator Schneiderman would 3 yield. 4 SENATOR SCHNEIDERMAN: This is a 5 motion to discharge a bill. I don't have 6 anything to say -- if it's on the procedural 7 reason I'm voting no, I'll yield. 8 But the proper forum for further 9 discussions is going to be in committee and if 10 we actually do get a bill on the calendar. 11 Thank you. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator DeFrancisco. 14 SENATOR DeFRANCISCO: Excuse me, 15 Mr. President. It is specifically on what 16 Senator Schneiderman asked; namely, if it's on 17 the procedure. And that's the question I have 18 about the procedure, and he indicated he would 19 be willing to answer questions about the 20 procedure. 21 ACTING PRESIDENT BRESLIN: 22 Senator DeFrancisco, you're entitled to speak 23 on the motion. 24 SENATOR DeFRANCISCO: My

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(518) 371-8910 1 question -- 2 SENATOR LIBOUS: Point of order, 3 Mr. President. 4 SENATOR DeFRANCISCO: Can I 5 finish? 6 SENATOR LIBOUS: Well, I'm going 7 to defend you here. 8 ACTING PRESIDENT BRESLIN: 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, I 11 believe that debate can commence on the 12 motion. I think the issue here is whether or 13 not Senator Schneiderman is willing to yield. 14 I believe you can debate the motion. 15 ACTING PRESIDENT BRESLIN: I have 16 already ruled that you can't -- 17 SENATOR LIBOUS: Well, I would 18 like you to show me or at least show this 19 house where that rule is. 20 SENATOR SCHNEIDERMAN: Mr. 21 President -- 22 ACTING PRESIDENT BRESLIN: 23 Senator Klein, why do you rise? 24 SENATOR KLEIN: Mr. President, a

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(518) 371-8910 1 point of order. Mr. Schneiderman -- 2 SENATOR LIBOUS: Excuse me, 3 Mr. President. There's an awful lot of noise 4 in this chamber. I cannot hear Senator Klein. 5 ACTING PRESIDENT BRESLIN: Point 6 well-taken, Senator Libous. Can we have 7 quiet, please. 8 SENATOR KLEIN: Mr. Schneiderman 9 agreed to yield on the procedural question, 10 not the substance of the motion to discharge. 11 So now it's up to whether or not Senator 12 Schneiderman wants to yield to 13 Mr. DeFrancisco's question. 14 SENATOR LIBOUS: So, 15 Mr. President -- Mr. President, so there is -- 16 there can be debate on a motion? 17 ACTING PRESIDENT BRESLIN: That's 18 correct. 19 SENATOR LIBOUS: Thank you, 20 Mr. President. 21 SENATOR DeFRANCISCO: So the 22 question remains, will Senator Schneiderman 23 yield? 24 SENATOR SCHNEIDERMAN: As I said,

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(518) 371-8910 1 if you have a procedural motion, I would be 2 glad to discuss it with you. 3 SENATOR DeFRANCISCO: Yes. My 4 question would be, if Senator Schneiderman is 5 now yielding, he had mentioned that he's going 6 to vote no on this particular procedural 7 motion or motion to discharge on the grounds 8 that he doesn't want to circumvent the 9 committee process. 10 Would Senator Schneiderman tell me 11 what is the purpose, then, of having a 12 procedure for a motion to discharge? 13 ACTING PRESIDENT BRESLIN: 14 Senator Schneiderman. 15 SENATOR SCHNEIDERMAN: It's more 16 of a philosophical question. What is the 17 purpose of having a motion to discharge? 18 I can talk more specifically about 19 the circumstances today with this particular 20 motion and this particular piece of 21 legislation. I don't know that I want to 22 opine more generally on the purpose of a 23 motion to discharge. 24 There are times when it may be

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(518) 371-8910 1 appropriate, and there are times when it may 2 not be appropriate. In the past I know, 3 having served on committees for a long time, 4 that it was very, very difficult prior to this 5 year for members of the minority to get bills 6 moved in committee. And indeed, it was 7 virtually impossible this early in the session 8 for us to get our bills passed on the floor. 9 And it happens now as a matter of routine. 10 I know that this particular piece 11 of legislation, I've told Senator Griffo that 12 we would move it on the Codes Committee 13 agenda, and he said he wanted to bring the 14 motion anyway. 15 So in this particular case -- 16 through you, Mr. President -- I do not think 17 this is the best way to proceed. The 18 committee process -- while we are a work in 19 process and engaging in efforts to reform the 20 dysfunctional gridlock that has permeated 21 Albany for years and years, we are still 22 working on it. 23 But I will tell you, on this 24 particular bill, this particular

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(518) 371-8910 1 legislation -- which I think has a good, 2 strong argument to be passed by this house and 3 enacted into law on the merits -- I'm willing 4 to put this on the Codes Committee agenda. 5 I've advised the proponent of this motion of 6 that. He's chosen to bring the motion anyway 7 rather than put it on the agenda. 8 There are other Senators who are 9 interested in similar pieces of legislation. 10 Perhaps one of them will have a bill passed 11 through the Codes Committee, and that that may 12 move forward in the ordinary course. That's 13 the reason for my vote on this. 14 SENATOR DeFRANCISCO: Would 15 Senator Schneiderman yield to another 16 question. 17 ACTING PRESIDENT BRESLIN: 18 Senator Schneiderman, would you continue to 19 yield to Senator DeFrancisco? 20 SENATOR SCHNEIDERMAN: I will 21 yield for another question. 22 ACTING PRESIDENT BRESLIN: 23 Senator. 24 SENATOR DeFRANCISCO: Senator

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(518) 371-8910 1 Schneiderman, there is a limited period of 2 time under the current rules of this house as 3 to when a motion to discharge can be brought. 4 And isn't it true that if we do not 5 have this discharged during this period of 6 time and you choose at a later date to choose 7 another bill other than Senator Griffo's bill, 8 that we have no recourse to get that bill on 9 the floor? Is that fair to say? 10 ACTING PRESIDENT BRESLIN: 11 Senator Schneiderman. 12 SENATOR SCHNEIDERMAN: I don't in 13 fact believe that that is the case. 14 But I will note that if the 15 sponsor's concern is who gets credit for the 16 bill, whether it is Senator Griffo as sponsor 17 of this bill or it's another sponsor of a bill 18 that deals with the same subject matter, I'm 19 not really sure that that's something that 20 justifies avoiding the committee procedure. 21 And in our committee we have, as 22 any of the members on your side of the aisle 23 will tell you, we have open discussions of 24 matters and we take everyone's view into

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(518) 371-8910 1 consideration and I think treat them with 2 respect. 3 I look forward to having a 4 discussion in committee on the subject matter 5 of this legislation. If -- and I guess what 6 you're saying is this is a matter of Senator 7 Griffo's own personal role in this, which I 8 totally respect. He's very passionate about 9 the issue. But I would rather deal with this 10 bill in the course of committee proceedings 11 before it comes to the floor. 12 ACTING PRESIDENT BRESLIN: Thank 13 you, Senator Schneiderman. 14 SENATOR SCHNEIDERMAN: I also 15 just do want to note that as per the reform 16 agenda rolled out today by the Task Force on 17 Reform, really the procedures we have now I 18 don't think are by any means adequate, and 19 there are much more ambitious procedures that 20 are being worked on to make it possible to 21 move bills more effectively and more easily 22 through committee and to bring them to the 23 floor. 24 ACTING PRESIDENT BRESLIN: Thank

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(518) 371-8910 1 you, Senator Schneiderman. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: On the 4 motion. 5 ACTING PRESIDENT BRESLIN: 6 Senator DeFrancisco, on the motion. 7 SENATOR DeFRANCISCO: This is a 8 motion to discharge to bring a specific bill 9 by a specific sponsor to the floor. And 10 unless the motion to discharge is totally 11 meaningless under this new openness and new 12 reform that we're now under, that it seems to 13 me that if we're truly open and this process 14 has been reformed, why, if the chairman of 15 that committee is going to put that bill on 16 the committee, why in God's name, if there's 17 such a procedure in place, can the majority 18 not vote for the bill to be put on the 19 committee agenda and follow the procedure and 20 get it done now? 21 Why does it have to be on a promise 22 and a handshake? Other than the fact that the 23 process that they're complaining about that 24 the Senate majority of the past followed

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(518) 371-8910 1 during these motions to discharge. Unless 2 it's truly nothing has changed whatsoever. 3 So it seems to me that if it's true 4 that this is going to be discussed, it's going 5 to be debated -- very simple. Vote yes, 6 discharge it, and get on with the Griffo bill 7 and any other bills pertaining to this. 8 But to say on the day that we're 9 going to have this motion to discharge that if 10 it you choose to take it off, we'll take it 11 up, okay, when we only have a limited period 12 of time to bring these motions to discharge -- 13 so I think that's disingenuous at best. 14 Secondly, since Senator 15 Schneiderman brought up this new openness that 16 we've started today with this commission 17 report, I think it's germane to follow through 18 on that point that every major reform issue 19 that has been debated by the Brennan Center, 20 who's -- one of its employees is now on the 21 Senate Majority -- the crucial issues like 22 openness and budgets, like how we handle the 23 various committee processes during the budget, 24 how staff members are allocated and what staff

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(518) 371-8910 1 members go to which committee -- every single 2 major one that the majority who rolled out 3 this great reform system today sued us for in 4 past years, that the majority who brought 5 motions to amend our rules begged for and 6 called us names for not doing, not one of them 7 is in this so-called reform package that I've 8 been reading while this debate on much less 9 significant reform bills are being debated 10 here on the floor. 11 So in addition to the disingenuous 12 remarks of Senator Schneiderman and how they 13 make absolutely no sense in their claim to be 14 more and more open, the whole process that is 15 a process of delay and delay further, the 16 major issues that they sued us for and tried 17 to get done -- when they've got the votes to 18 do all of these things -- today, to me, is not 19 a day of openness like this agenda would 20 suggest. It's the opposite. It shows total 21 hypocrisy by the majority party in this house. 22 And even a little inkling of some 23 change could have happened today by just 24 voting for a bill which they concededly say

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(518) 371-8910 1 they're going to discuss in committee, by 2 voting for a discharge. No, it's not going to 3 happen, in Senator Schneiderman's words, 4 because that would circumvent the committee 5 process. Now, how that is the case I have no 6 idea. 7 So I'm going to vote in favor of 8 this motion to discharge. And we'll have more 9 to come. And something in this new openness 10 that we're now going through, I've got a 11 feeling -- just a guess on my part, I just 12 have a guess -- that every single motion to 13 discharge that we bring, whether the majority 14 thinks it's a good idea, they may vote no on. 15 And I hope I'm wrong. But I think in this new 16 openness, I think it's still going to be the 17 case. 18 So I'm going to vote yes on this 19 motion to discharge. 20 ACTING PRESIDENT BRESLIN: 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, on 23 the motion to discharge. 24 I think Mr. DeFrancisco will be

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(518) 371-8910 1 happy that what we're doing here today is one 2 of the first areas of reform that the Senate 3 took up when the new majority took over in the 4 January. 5 In the past, we weren't even 6 allowed to call what we're doing today a 7 motion to discharge. It was called a motion 8 to petition. There was no recorded no votes, 9 only yes votes. So clearly the residents and 10 our constituents all over the State of 11 New York didn't even know how we would vote on 12 these motions. 13 As far as today, the report that 14 was issued by Senator David Valesky and 15 Senator Bonacic I believe does what we should 16 have done quite some time ago. It opens up 17 the committee process. 18 Anyone will tell you, not only the 19 Brennan Center, but the way to truly debate 20 issues and make sure there's an open hearing 21 of various pieces of legislation is through a 22 strong committee process. Not only will we 23 really inform the public of what we do here, 24 but also give rank-and-file members more of a

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(518) 371-8910 1 say in the process. 2 The process now will have a system 3 in place where a majority of the members are 4 able to get a bill to the floor to be voted 5 upon. 6 So I think today is a day where I 7 think maybe we'll be able to do away with the 8 motions to discharge, or the previous canvass 9 of agreements, because hopefully what's going 10 to happen is meaningful debate at the 11 committee level. And I think that not only 12 will allow us to have meaningful legislation, 13 but also will show the world and certainly the 14 residents of New York State what we do here. 15 ACTING PRESIDENT BRESLIN: 16 Senator DeFrancisco, why do you rise? 17 SENATOR DeFRANCISCO: Would 18 Senator Klein please yield to a question? 19 ACTING PRESIDENT BRESLIN: 20 Senator Klein, would you yield to a question? 21 SENATOR KLEIN: I'd be happy to 22 yield on the motion to discharge before us 23 today, on the procedure here. I know 24 Mr. DeFrancisco has a report in front of him.

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(518) 371-8910 1 I don't have my report with me, but I'll do my 2 best to answer any questions. 3 ACTING PRESIDENT BRESLIN: 4 Senator DeFrancisco, Senator Klein has 5 conceded to yield. 6 SENATOR DeFRANCISCO: Thank you. 7 You had just indicated your desire to -- that 8 hopefully we won't need the motion to 9 discharge because of the new committee 10 process. 11 One of the recommendations was 12 allow a petition of one-third of the members 13 of a standing committee to hold a hearing on a 14 specific bill within the jurisdiction of the 15 committee, scheduled no less than two weeks in 16 advance, unless rejected by a majority. 17 Was that one of the 18 recommendations? 19 SENATOR KLEIN: Right. Right. 20 SENATOR DeFRANCISCO: So can you 21 tell me what worth there is of one-third 22 petitioning when a majority is always going to 23 make the decision? 24 SENATOR KLEIN: Well, I'll answer

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(518) 371-8910 1 your question, again, this is a majority of 2 the committee members. This is an opportunity 3 to have hearings on important issues. 4 One of the concerns of the entire 5 committee was that basically any member can 6 turn around and say "I want a hearing on every 7 specific piece of legislation." Which I think 8 everybody knows would be impossible to 9 accomplish. 10 So we figured if it was the most 11 important issues, where there was a majority 12 to hold such a hearing, it would make sense. 13 By the way, Senator, the other 14 reform that we put forth was also to give both 15 the minority and the majority the opportunity 16 to invite guest speakers to the committee, 17 taking both sides of a controversial issue. 18 Or any issue, for that matter. 19 ACTING PRESIDENT BRESLIN: 20 Senator DeFrancisco. 21 SENATOR DeFRANCISCO: Would 22 Senator Klein yield to one last question. 23 ACTING PRESIDENT BRESLIN: 24 Senator Klein, will you yield to one question?

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, 2 I'd be happy to continue to yield. 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein yields, Senator DeFrancisco. 5 SENATOR DeFRANCISCO: Senator 6 Klein, in this new era of openness and this 7 new process that I just read, can you tell me 8 which committee in the Senate has a majority 9 of Republican members? 10 SENATOR KLEIN: There is no 11 committee that has a majority of Republican 12 members. 13 SENATOR DeFRANCISCO: So how is 14 this procedure different than the way it has 15 always been? 16 SENATOR KLEIN: This is a 17 majority of members of the committee, Senator. 18 Not of Democrats or Republicans. 19 SENATOR DeFRANCISCO: All right. 20 ACTING PRESIDENT BRESLIN: Thank 21 you, Senator Klein. Thank you, Senator 22 DeFrancisco. 23 Senator Montgomery. 24 SENATOR MONTGOMERY: Yes,

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(518) 371-8910 1 Mr. President, thank you. Would Senator 2 DeFrancisco yield for a question? 3 SENATOR DeFRANCISCO: Yes, 4 absolutely. I'd love to. 5 ACTING PRESIDENT BRESLIN: 6 Senator DeFrancisco yields. 7 SENATOR MONTGOMERY: Senator 8 DeFrancisco, in all of the years that I've 9 been here -- maybe you were before me, I'm not 10 sure. Probably not, okay. 11 In all of the years that I've been 12 here, I have never known of a motion to 13 discharge to pass. Have you? Am I missing 14 something? Did you ever know of a motion to 15 discharge to pass in this body, in this house? 16 ACTING PRESIDENT BRESLIN: 17 Senator DeFrancisco. 18 SENATOR DeFRANCISCO: No. 19 And let me say something else. 20 That was during the period when there was a 21 majority of Republicans. 22 SENATOR MONTGOMERY: Thank you. 23 Exactly. 24 SENATOR DeFRANCISCO: And to

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(518) 371-8910 1 continue -- I'd like to complete my answer, if 2 I could. 3 SENATOR MONTGOMERY: I'm happy to 4 hear the rest of your answer, but that's 5 excellent. 6 SENATOR DeFRANCISCO: But my 7 point is, what I'm pointing out here is not 8 that the procedure is any different than it 9 was in the past. What I'm pointing out here 10 is the hypocrisy to sue the Republicans for 11 that procedure, the hypocrisy to make motions 12 to change the rules, and then when you have 13 the authority to do it, you have committees 14 upon committees to delay upon delay. 15 So the hypocrisy of your not doing 16 what you claimed you wanted a judge to do for 17 you because you had no power, or that you 18 wanted to do when you became in the majority, 19 and you campaigned to do these changes, then 20 that's the hypocrisy that I'm trying to show. 21 SENATOR MONTGOMERY: Mr. 22 President, the answer is satisfactory. It is 23 hypocrisy to raise it, because now it's a 24 Democrat majority. When it was a Republican

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(518) 371-8910 1 majority, as Senator DeFrancisco admits, we 2 never passed a motion to discharge. 3 So I just want to point out the 4 hypocrisy so we all agree the hypocrisy that 5 has been discussed. Thank you. 6 (Laughter.) 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator Montgomery. 9 Are there any other Senators 10 wishing to be heard? 11 Senator Griffo. 12 SENATOR GRIFFO: Mr. President, 13 you know, I listened to this, and we have done 14 some very important things across the state in 15 trying to fight sex abuse crimes. And we have 16 a sexual abuse task force in our county which 17 is a model across the state. 18 So when I recently learned that a 19 70-year-old grandfather, for the purposes of 20 sexual gratification, hurt a 12-year-old 21 granddaughter, I realized that we cannot wait 22 for action to take place. 23 So my effort is motivated out of 24 concern -- not out of credit, out of concern.

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(518) 371-8910 1 In fact, this very bill passed with 61 votes 2 last year in this chamber. 3 And when I spoke to Senator 4 Schneiderman, it was only today, so there was 5 no real assurances as to what would happen. 6 And I believe this is a critical 7 issue. It shouldn't wait without any 8 guarantees or assurances that anything will be 9 done on it again this year. And that's why I 10 think it's critical that we move forward on 11 this. 12 And last year, 61 of you voted for 13 this, so I don't know how you can not vote for 14 it this year. 15 And beyond that, imitation is the 16 greatest source of flattery. If you want to 17 put somebody else's name on the same bill -- 18 you've done it other pieces of legislation 19 from members of this conference already this 20 year. If you want to do it with this piece of 21 legislation, go for it. I'll vote for it. 22 But let's just get it done. 23 Thank you. 24 ACTING PRESIDENT BRESLIN: The

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(518) 371-8910 1 motion is on the motion to discharge, from the 2 Committee on Codes, from consideration of 3 Senate Print Number 1989. All those in favor 4 of the motion please signify by -- 5 SENATOR LIBOUS: Mr. President, a 6 fast roll call, please. 7 ACTING PRESIDENT BRESLIN: -- by 8 raising your hands, a fast roll call. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 36. Nays, 12 25. 13 ACTING PRESIDENT BRESLIN: The 14 motion passes. 15 (Applause.) 16 ACTING PRESIDENT BRESLIN: The 17 second motion is before the house. The 18 reading is waived. 19 SENATOR LIBOUS: Mr. President, 20 would you call on Senator Griffo. 21 ACTING PRESIDENT BRESLIN: 22 Senator Griffo. 23 SENATOR GRIFFO: Can we go two 24 for two?

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(518) 371-8910 1 (Laughter.) 2 SENATOR GRIFFO: Thank you all 3 very much for -- 4 ACTING PRESIDENT BRESLIN: Every 5 50 years. 6 (Laughter.) 7 SENATOR GRIFFO: You'll be here, 8 Mr. President. I don't know about . . . 9 Thank you very much for the prior 10 vote. 11 And on this particular piece of 12 legislation, again, it is something that we 13 did pass here last year. It's involving the 14 all-terrain vehicle industry. That is not 15 only a recreational industry, it also is an 16 important part of the economy in Northern and 17 Central New York. 18 And in recognition of the changes 19 in the manufacturing of ATVs right now, this 20 would change the definition from what an ATV 21 is defined from relative to its poundage, from 22 1,000 to 1,500. 23 In some cases what you're seeing is 24 side-by-sides. These are used by seniors. I

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(518) 371-8910 1 have a number of law enforcement officials in 2 areas that I represent that have come out in 3 favor of what these utility terrain vehicles 4 or ATVs, also, as they are now manufactured. 5 This also not only will help out by 6 allowing people to be able to register them 7 here, where before they would have to register 8 them somewhere else, but that also is going to 9 be increased revenue for the State of New York 10 at a time when a lot of people are talking 11 about the need for revenue. 12 This I think people can understand, 13 because it would allow them to recognize this 14 new manufacturing of these larger ATVs and to 15 register them appropriately and to gain that 16 revenue. Right now they would not be able to 17 register them as an ATV but as something -- a 18 different type of equipment. 19 So essentially, it's just 20 redefining the definition of an ATV from the 21 weight poundage of 1,000 to 1,500 pounds. And 22 again, this passed last year. 23 So I would appreciate your 24 consideration.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Griffo. 3 Are there any other Senators that 4 wish to be heard on this motion to discharge? 5 SENATOR SQUADRON: Point of 6 order, Mr. President. 7 ACTING PRESIDENT BRESLIN: 8 Senator Squadron. 9 SENATOR SQUADRON: I'd like to 10 yield to Senator Stewart-Cousins, actually, 11 for a point of order. Forgive me. 12 ACTING PRESIDENT BRESLIN: 13 Senator Stewart-Cousins. 14 SENATOR STEWART-COUSINS: This 15 will be painless. 16 (Laughter.) 17 SENATOR STEWART-COUSINS: When 18 the motion to discharge passed, there was so 19 much discussion about how we were going to 20 vote it down and how it was all -- and all of 21 the hypocrisy. 22 And so I thought, since this is the 23 first time, I believe, in the history of this 24 chamber that a motion to discharge actually

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(518) 371-8910 1 passed, I thought it actually deserved a 2 moment where we acknowledged the fact that 3 yes, this is historic reform; yes, this is a 4 good day; and yes, it is a new beginning. 5 Thank you, Mr. President. 6 (Applause.) 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator. 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: Point of 11 order. 12 Before we start hurting our arms by 13 slapping ourselves on the back, we might want 14 to recognize the fact that all the argument 15 from the Majority side was against the motion 16 to discharge and how we never allowed it in 17 the past. 18 And I think what really happened 19 here is an historic embarrassment, that the 20 other side -- 21 (Hissing; boos.) 22 SENATOR DeFRANCISCO: -- wanted 23 to show that something good was happening. 24 And it had nothing to do with the merits of

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(518) 371-8910 1 the bill, it had to -- 2 SENATOR LIBOUS: Mr. President, 3 could there be order in the chamber? I 4 believe Senator DeFrancisco has the floor, and 5 he cannot be heard over some moans and groans. 6 ACTING PRESIDENT BRESLIN: Let's 7 have some quiet to allow Senator DeFrancisco 8 to express himself. 9 SENATOR DeFRANCISCO: And the 10 point being that the bill, there wasn't one 11 person on the Majority side that spoke in 12 favor of the motion to discharge. And then 13 all of a sudden, at the end, there was a 14 change of heart. And that's great, because 15 we've got many, many more bills. 16 And now it's very clear if you vote 17 no on a mission to discharge, you're really 18 voting against moving a bill forward. And 19 it's not just a procedural motion anymore, it 20 has some real true meaning. 21 And I'll be very happy to see how 22 the votes come on future motions to discharge. 23 Thank you very much. 24 ACTING PRESIDENT BRESLIN: Thank

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(518) 371-8910 1 you, Senator DeFrancisco. 2 The question is on the motion to 3 discharge, from the Committee on 4 Transportation, from consideration of Senate 5 Print Number 2927. All those in favor of the 6 motion please signify by raising your hand. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 30. Nays, 10 30. 11 ACTING PRESIDENT BRESLIN: The 12 motion fails. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, is 15 there any further business at the desk? 16 ACTING PRESIDENT BRESLIN: 17 There's no further business. The desk is 18 clear. 19 SENATOR KLEIN: There being none, 20 I move we adjourn until tomorrow, Wednesday, 21 April 22nd, at 11:00 a.m. 22 ACTING PRESIDENT BRESLIN: There 23 being no further business to come before the 24 Senate, on motion, the Senate stands adjourned

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(518) 371-8910 1 until Wednesday, April 22nd, at 11:00 a.m. 2 (Whereupon, at 5:10 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910

Tuesday, April 21, 2009

Transcript

Bills on the floor