Wednesday, April 22, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 22, 2009 11 11:26 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 The invocation today will be delivered by 11 Reverend Peter G. Young, of the Mother Theresa 12 Community Church in Albany, New York. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 As we prepare for the warm weather 17 forecasted for this weekend, O God, we 18 acknowledge You are the builder of all good 19 things that You have placed on us as a 20 delegation of this Senate constituency. 21 Therefore, we are called to toil. 22 Grant that the work we begin may 23 serve to better our lives in New York State 24 and through the goodness contribute to the

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(518) 371-8910 1 spread of the call to be Your people. God 2 never fails to provide our New York State 3 citizens with dedicated Senators. 4 May God pour forth His blessing on 5 our legislators and provide them with the 6 spirit of courage to accept the demands of 7 their elected offices. 8 Amen. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Father Young. 11 The reading of the Journal. 12 The Secretary will read. 13 THE SECRETARY: In Senate, 14 Tuesday, April 21, the Senate met pursuant to 15 adjournment. The Journal of Monday, April 20, 16 was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT STEWART-COUSINS: 19 May we have order in the chamber, please. 20 Without objection, the Journal 21 stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Klein. 7 SENATOR KLEIN: Madam President, 8 I have a motion to amend a bill recalled from 9 the Assembly. 10 On behalf of Senator Craig Johnson, 11 I wish to call up Print Number 958A, recalled 12 from the Assembly, which is now at the desk. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 8, by Senator C. Johnson, Senate Print 958A, 17 an act to amend the Executive Law. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Klein. 20 SENATOR KLEIN: Madam President, 21 I now move to reconsider the vote by which the 22 bill was passed. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Call the roll on reconsideration.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 SENATOR KLEIN: Madam President, 4 I now offer the following amendment on behalf 5 of Senator Craig Johnson. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The amendments are received. Thank you, 8 Senator. 9 Senator Klein. 10 SENATOR KLEIN: Are there any 11 substitutions at the desk? 12 ACTING PRESIDENT STEWART-COUSINS: 13 We have one substitution at the desk. 14 The Secretary will read. 15 THE SECRETARY: On page 17, 16 Senator Huntley moves to discharge, from the 17 Committee on Cultural Affairs, Tourism, and 18 Parks and Recreation, Assembly Bill Number 19 1511 and substitute it for the identical 20 Senate Bill Number 3116, Third Reading 21 Calendar 176. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Substitution ordered. 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Madam President, 2 would you please recognize Senator Thompson to 3 speak on Legislative Resolution Number 1207, 4 which was previously adopted by this house, 5 which commemorates today's 39th anniversary of 6 Earth Day. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Thompson. 9 SENATOR THOMPSON: Thank you. 10 Thank you. First let me thank you, Madam 11 President, for recognizing me, and the floor 12 leader as well. 13 This is the 39th official national 14 anniversary of Earth Day. And I think that 15 this is a historic time not only in our state 16 but also in our nation. And many people -- 17 just this morning, I was thinking, I was 18 watching television, and on all the major 19 networks, the morning shows -- and in fact 20 this entire week -- you're seeing so much 21 attention on environmental issues. 22 And clearly, because of the efforts 23 in Washington under President Barack Obama, 24 people are really tuned into environmental

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(518) 371-8910 1 issues. 2 And today I think we stand at a 3 critical point in our state in terms of making 4 sure that New York assumes its rightful place 5 in providing strong leadership on 6 environmental issues. Basically, it's always 7 California or New York that used to lead the 8 agenda, and we have made some good progress on 9 a number of issues over the years. 10 But now, I believe now is our time. 11 Now is the time of the New York State 12 Legislature and the Governor to really catch 13 up and pick up the pace on issues as it 14 relates to the environment. 15 And so I say that today not only do 16 we celebrate Earth Day, but that New York 17 assumes its rightful place as a leader on the 18 environment in the United States of America. 19 Now is the time that we move forward on issues 20 like climate change, SEQRA standing, green 21 schools and green museums, and pushing forward 22 on green jobs in the State of New York. 23 As a runner, someone who runs each 24 and every day, I say that now is time for us

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(518) 371-8910 1 as well to pick up the pace on environmental 2 justice. This year we were very successful in 3 expanding the Bigger Better Bottle Bill, which 4 will remove more products off of our beaches, 5 off of our farms and out of our parks, both 6 city, suburban and rural. 7 I conclude by saying that there is 8 so much work to do on the environment in the 9 State of New York. Other states are moving 10 rapidly ahead, but we must work together in a 11 bipartisan way, in both houses of the 12 Legislature, to make sweeping changes that not 13 only protect us today but protects the future 14 generations. If we don't do that, if we don't 15 take that message seriously, then shame on us. 16 But we can get work done. I look 17 forward to a number of the very positive bills 18 that members on both sides of the aisle have 19 introduced in the Senate that are coming 20 through our committee. And if they are good 21 bills, we will do everything we can to move 22 those good bills forward. 23 And I thank you for the few 24 moments. And happy Earth Day to all of my

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(518) 371-8910 1 colleagues and to the residents of the State 2 of New York. 3 Thank you and God bless you. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator Thompson. 6 Senator Marcellino. 7 SENATOR MARCELLINO: Thank you, 8 Madam President. 9 I rise to, one, thank my colleague 10 for bringing forth this resolution on Earth 11 Day. 12 I have only one very serious 13 problem with this resolution or resolutions 14 like it, when we celebrate Mother's Day or 15 Father's Day and then the rest of the year we 16 kind of forget about it. I don't think we can 17 afford to do that. Not for Mother's Day or 18 Father's Day or Patriot's Day or Memorial Day 19 or any one of these days. 20 Every day of the year has to be an 21 environmental day. Every day of the year we 22 should be celebrating clean air, clear water, 23 open space, quality living conditions, good 24 neighborhoods, good schools, good housing,

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(518) 371-8910 1 safe streets. All of these things should be 2 on our agenda and on our minds every single 3 day. 4 While it's good that we celebrate, 5 it's good that we announce, and it's good that 6 we remind the public and we remind each other 7 that this is a day we use to commemorate the 8 achievements that we have made, the progress 9 that we have made on improving our 10 environment -- because we have. 11 And, Senator, New York State has 12 been a leader in the environment. We have 13 passed more legislation of an environmental 14 significance than any other state in the 15 union. We have led constantly, and we will 16 continue to be leaders, as you say, working 17 together in a truly bipartisan way. Because 18 there is no such thing as a Republican 19 environment or a Democrat environment or a 20 liberal environment or a conservative 21 environment. The environment is there for all 22 of us to use and to preserve and protect. 23 It isn't ours. This planet is not 24 ours. We don't own it. We kind of rent space

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(518) 371-8910 1 on it for a while, but we don't own it. Our 2 job is to make it better than we found it for 3 future generations. Now, so far I give us a 4 C minus on that. We've got a long way to go. 5 We've got a long way to go. 6 And as a former schoolteacher, I 7 look forward, I look forward to saying one day 8 and giving us an A grade for the work we've 9 done on the environment. But we're a long way 10 from that. 11 Senator, let's work together in the 12 right way to make this place, make this planet 13 a safer place, to make it a cleaner place and 14 a better place for our children and our 15 grandchildren. 16 Thank you. Thank you, Madam 17 President. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Thank you, Senator Marcellino. 20 Again, I'd like order in the 21 chamber, please. 22 Senator Klein. 23 SENATOR KLEIN: Madam President, 24 at this time can we move to a reading of

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(518) 371-8910 1 Senate Calendar 37. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Secretary will read. 4 THE SECRETARY: Calendar Number 5 86, by Senator Klein, Senate Print 1901A, an 6 act to amend the Environmental Conservation 7 Law. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Read the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is passed. 18 THE SECRETARY: Calendar Number 19 115, by Senator Squadron, Senate Print -- 20 SENATOR LIBOUS: Lay it aside, 21 please. 22 ACTING PRESIDENT STEWART-COUSINS: 23 The bill is laid aside. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 174, by Senator Thompson, Senate Print 3781, 2 an act to amend Chapter 122 of the Laws of 3 2000, amending the Environmental Conservation 4 Law. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 SENATOR MARCELLINO: Madam 10 President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Marcellino, why do you rise? 13 SENATOR MARCELLINO: May I ask a 14 question, please -- point of order -- of 15 Senator Klein. I'm not asking you to yield 16 for a question, just a point of information. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Marcellino, you're asking Senator 19 Klein -- 20 SENATOR MARCELLINO: I just want 21 to know what the change -- there was a change 22 in the bill number here on the calendar that 23 was just read. Senator Thompson's bill that I 24 have on my calendar was 3784. And I believe

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(518) 371-8910 1 the number was 3781 that was read. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Marcellino, I'm told that there is a 4 revised active list on your desk. There 5 should be on your desk. 6 SENATOR MARCELLINO: Thank you, 7 Madam President. My mistake. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Call the roll, please. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 Announce the results. 13 THE SECRETARY: Ayes, 58. Nays, 14 1. Senator Duane recorded in the negative. 15 ACTING PRESIDENT STEWART-COUSINS: 16 The bill is passed. 17 Senator Klein, that completes the 18 noncontroversial reading of the calendar. 19 SENATOR KLEIN: Madam President, 20 before we move to the controversial reading of 21 the calendar, I'd like to call on Senator Ruth 22 Hassell-Thompson for a brief announcement. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Hassell-Thompson.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Yes. 2 I'm asking for us to recess and for the 3 Majority to meet in Room 332. 4 ACTING PRESIDENT STEWART-COUSINS: 5 There will be a meeting of the Majority 6 Conference in the Majority Conference Room 7 immediately, immediately, in Room 332. 8 We will stand at ease. 9 (Whereupon, the Senate stood at 10 ease at 11:40 a.m.) 11 (Whereupon, the Senate reconvened 12 at 11:59 a.m.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Klein. 15 SENATOR KLEIN: Madam President, 16 can we now take up the controversial calendar. 17 ACTING PRESIDENT STEWART-COUSINS: 18 If the Secretary would please ring the bells. 19 Members are asked to come to the 20 chamber for the controversial reading of the 21 calendar. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 115, by Senator Squadron, Senate Print 3099,

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(518) 371-8910 1 an act to amend the Public Service Law. 2 SENATOR LIBOUS: Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Libous. 5 SENATOR LIBOUS: I believe 6 there's an amendment at the desk. I would 7 waive its reading and call on Senator Maziarz, 8 please. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Maziarz -- 11 SENATOR MAZIARZ: Thank you very 12 much, Madam President. Thank you very much, 13 Madam President. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Yes, I just wanted to tell you -- 16 SENATOR MAZIARZ: For the 17 recognition. Not for what you're going to 18 tell me, but -- 19 ACTING PRESIDENT STEWART-COUSINS: 20 You know what I'm going to tell you. Well, 21 then, but we'll tell everyone. Your amendment 22 indeed is at the desk -- 23 SENATOR LIBOUS: Madam President, 24 I'm sorry, there's a lot of noise in the

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(518) 371-8910 1 chamber, and I just can't seem to focus. 2 (Laughter.) 3 ACTING PRESIDENT STEWART-COUSINS: 4 I would like order in the chamber, please. 5 Senator Maziarz. 6 SENATOR MAZIARZ: Yes, Madam 7 President. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Your amendment is here at the desk, and I have 10 reviewed the amendment. 11 And at this point, as per the 12 advice of counsel, I will rule that the 13 amendment is not germane. So it is out of 14 order. 15 SENATOR MAZIARZ: Could I ask 16 why, Madam President? 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Maziarz, you are permitted to ask why. 19 And I'll respond as briefly as possible. 20 Basically, your amendment has to do 21 with wholesale prices, and the legislation 22 that we are considering has to do with the 23 retail electric rates. So although it is a 24 fine gesture, it is not germane.

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(518) 371-8910 1 SENATOR MAZIARZ: Well, Madam 2 President, I would respectfully appeal the 3 ruling of the chair. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Maziarz, that is within your right. 6 The vote, then, is whether the 7 decision of the chair -- 8 SENATOR LIBOUS: Madam 9 President -- Senator, do you want to speak on 10 the germaneness? 11 SENATOR MAZIARZ: Could I explain 12 why I think it is germane? 13 ACTING PRESIDENT STEWART-COUSINS: 14 Yes, of course. 15 SENATOR MAZIARZ: Thank you. 16 Madam President, I think it's 17 germane because, first of all, I think -- this 18 is a very good bill, by the way. I think it's 19 a very good bill by Senator Squadron. 20 And I just think that being more 21 inclusive and including not just utility 22 corporations or municipalities but including 23 the New York State Power Authority -- which 24 just attempted to almost secretly increase the

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(518) 371-8910 1 rates for all residential customers in upstate 2 New York -- had this been in effect, I think 3 the notification process would have been much 4 wider. So I think it is germane. 5 I would call this a friendly 6 amendment, making a good bill better in the 7 spirit of bipartisanship which we're doing 8 now, according to Senator Klein. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you for that explanation, Senator 11 Maziarz. 12 SENATOR MAZIARZ: Thank you, 13 Madam President. 14 ACTING PRESIDENT STEWART-COUSINS: 15 I was beginning to ask the question, and let 16 me continue with that question. 17 The question is shall the decision 18 of the chair stand as the judgment of the 19 Senate. All those in favor of overruling the 20 decision of the chair please signify by 21 raising your hands. 22 The Secretary will announce the 23 results. 24 THE SECRETARY: Ayes, 27. Nays,

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(518) 371-8910 1 28. 2 ACTING PRESIDENT STEWART-COUSINS: 3 The nays have it. The ruling of the chair is 4 sustained, and the appeal is denied. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Squadron. 10 SENATOR SQUADRON: Thank you, 11 Madam President. I just rise to briefly 12 explain the bill. 13 In a world where we have energy 14 choice in the state and we have a website -- 15 and I have a printout of the website here. 16 I've got to tell you, PSC could do a better 17 job with the design of the website. But in 18 any case, we have a website that lets 19 consumers make use of that choice. 20 Markets don't work unless the 21 consumers know they have a market, know they 22 have the ability. Right now we have the 23 powertochoose.com website that absolutely 24 doesn't exist in most consumers' minds.

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(518) 371-8910 1 It really is a consumer education 2 bill that will take a market that, you know, 3 some would say hasn't worked, and as long as 4 we have it we'll make it work better and just 5 spread information. 6 So it's a moderate proposal that I 7 think is very effective for consumers, and I 8 thank Senator Maziarz for his compliments of 9 it. 10 Thank you. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Maziarz. 13 SENATOR MAZIARZ: Thank you, 14 Madam President. To explain my vote. 15 Again, I want to congratulate 16 Senator Squadron. I think this is a good 17 bill. I don't understand what all the 18 controversy was about with the amendment. I 19 thought it made it, as I said, a better bill. 20 The New York State Power Authority 21 does in fact sell power in a wholesale market, 22 but they sell it to National Grid, to New York 23 State Gas & Electric, who in turn sells it to 24 the consumers. And I think this rate increase

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(518) 371-8910 1 that the Power Authority just wanted to do 2 that so many of us stood up and said we were 3 opposed to -- that was before we did the big 4 rate increase 11 days later. But clearly, 5 clearly that was a rate increase that was 6 going to affect consumers. 7 So again, I think this is a good 8 bill. I think it could have been a better 9 bill. But I think Senator Squadron is 10 absolutely right. There's so much information 11 out there now on the internet for consumers 12 where they can make better choices. 13 Powertochoose is a great website, 14 and I think this is a good bill. So I vote in 15 the affirmative. 16 Thank you, Madam President. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Thank you, Senator. 19 Are there any other Senators 20 wishing to explain their vote? 21 Call the roll, please. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 The Secretary will announce the results.

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(518) 371-8910 1 THE SECRETARY: In relation to 2 Calendar Number 115, recorded in the negative: 3 Senator Lanza. 4 Absent from voting pursuant to 5 Rule 9: Senators Onorato and Savino. 6 Ayes, 58. Nays, 1. 7 ACTING PRESIDENT STEWART-COUSINS: 8 The bill is passed. 9 (Applause.) 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Squadron, congratulations on passing 12 your very first bill in this house. 13 Congratulations. 14 Senator Klein, that completes the 15 controversial reading of the calendar. 16 SENATOR KLEIN: Madam President, 17 I believe there are a couple of motions to 18 discharge at the desk. I ask that we take 19 them up at this time. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The Secretary will read. 22 THE SECRETARY: Senate Print 23 1510, by Senator DeFrancisco, an act to amend 24 the Penal Law and others.

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(518) 371-8910 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes, Madam 4 President, I move to discharge Senate 1510, 5 entitled Erin's Law. 6 This was a bill that I first put in 7 last October while we were not in session, 8 shortly after the death of an 11-year-old girl 9 in Oswego County, and she died from 10 asphyxiation and severe trauma. 11 This young girl lived in a 12 household that -- I won't repeat the details 13 of Department of Social Services 14 investigation, but she was living in a house 15 that had been investigated for several years 16 by the Department of Social Services. And 17 during that period of time they found 18 situations where there were many animals in 19 the house, including farm animals; mountains 20 of cat litter as you walked in through one of 21 the doors; filthy conditions. 22 She was found to have been coming 23 to school where children could not sit next to 24 her because of the smell of her clothing.

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(518) 371-8910 1 And on several occasions over the 2 years, the Department of Social Services did 3 in fact investigate, but there was never any 4 follow-up that was sufficient to protect this 5 child. 6 In fact, I could give you the 7 dates, but without going through all the 8 dates, there was a period of a couple of years 9 after some of these investigations where no 10 one from the Social Services Department ever 11 went to the home. 12 So that's the genesis of the bill. 13 She ended up dying. There is someone -- her 14 step-brother has now been indicted for the 15 murder. Her -- there were other charges of 16 endangering the welfare of the child. 17 Extremely sad, horrible situation. 18 Well, what the bill does, it's a 19 comprehensive bill that does many things, 20 including increases the penalties. And 21 there's certain crimes that are created, 22 aggravated murder of a child and the like. 23 That's only a minor part of it, however. 24 It requires reports that are made

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(518) 371-8910 1 to the Department of Social Services to be 2 recorded, recorded on audiotape and maintained 3 for a period of two years so there can be some 4 continuity. 5 And after a certain number of 6 incidents where the child is reported to be in 7 a dangerous situation, that a police officer 8 would have to accompany a Department of Social 9 Services worker during the course of an 10 investigation, since officers have a little 11 bit more investigative expertise than maybe 12 Social Services people might have. 13 In addition, the reports that came 14 out after the child died from the Department 15 of Social Services included that while she had 16 adequate food, even though she was found to 17 have actually been rummaging through garbage 18 cans at school, and had been bitten by -- in 19 one instance, she told the Department of 20 Social Services, had been bitten by a rat. 21 Just a deplorable, deplorable situation. 22 So as a result, we broadened the 23 language to make certain that a neglected 24 child, before it's too late, would be able to

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(518) 371-8910 1 be taken from the home, even if it's only 2 temporarily, in order to weigh that scale that 3 we're always balancing more in favor of the 4 child than worrying about the parents in that 5 situation, in view of the potential 6 consequences that this case demonstrates 7 happens in actual fact. 8 So this bill was reintroduced this 9 year, and it was reintroduced on February 4th 10 of this year. On March 17th of this year, I 11 sent a letter to Senator Schneiderman asking 12 that it be taken up in his committee and 13 reported out. We've heard nothing yet. We're 14 now more than half of the session over with, 15 and we really have to have action on this 16 bill. 17 And I would urge that this bill be 18 discharged from committee and be acted on by 19 the full Senate before another serious 20 situation like this occurs. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Thank you, Senator DeFrancisco. 23 Are there any other Senators 24 wishing to be heard on this motion to

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(518) 371-8910 1 discharge? 2 Hearing none, the question is on 3 the motion to discharge, from the Committee on 4 Codes, from consideration of Senate Print 5 Number 1510. All those in favor of the motion 6 please signify by raising your hands. 7 Please come to order. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Ayes, 36. Nays, 11 25. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The motion passes. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Senate Print 17 2404, by Senator Nozzolio, an act to amend the 18 Correction Law. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Nozzolio. 21 SENATOR NOZZOLIO: Yes, Madam 22 President. I have a motion at the desk to 23 discharge Senate Bill 2404 from the Committee 24 on Crime Victims, Crime and Corrections. I

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(518) 371-8910 1 ask unanimous consent to explain this motion. 2 ACTING PRESIDENT STEWART-COUSINS: 3 You may proceed, Senator Nozzolio. 4 SENATOR NOZZOLIO: Thank you, 5 Madam President. 6 Massive layoffs, prison closures, 7 deep recession, tax hikes. What more clear 8 environment is there to see that this 9 government -- Madam President. 10 ACTING PRESIDENT STEWART-COUSINS: 11 May we please have order in the chamber. 12 Continue, Senator. 13 SENATOR NOZZOLIO: Thank you, 14 Madam President. 15 What more clear environment could 16 we have than what we are experiencing now, 17 particularly as a number of prisons across 18 Central and Western New York have been forced 19 to close, that this amendment, simply stated, 20 this legislation, which is legislation that 21 has been enacted by this house virtually every 22 session for the last ten years -- and 23 supported in a bipartisan way by Senators from 24 Long Island, like Craig Johnson; Western

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(518) 371-8910 1 New York, like Senator Stachowski; Central and 2 Northern New York, Senator Valesky and Senator 3 Aubertine; and even from the Bronx. Senator 4 Klein was for this amendment, this 5 legislation, before he was against it last 6 year. 7 This measure, simply stated, 8 requires a modest, small copayment when 9 inmates in our correctional system are 10 receiving medical care, just as every other 11 hospital or healthcare provider requires 12 copays of state employees when they receive 13 their health insurance benefits. 14 But I should hasten to add this 15 copay is at a small fraction of cost compared 16 to the copays that are being required of our 17 state workers, who are being laid off by the 18 thousands as a result of the budget crisis. 19 This is a way to save money. This 20 is a way to ensure that our healthcare system 21 remains intact. And this is a way to cut 22 costs in our prison system. 23 I should add before closing, Madam 24 President, this is the same legislation, the

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(518) 371-8910 1 same type of procedure that exists in our 2 entire federal prison system as well as our 3 neighboring states like Ohio, Pennsylvania, 4 New Jersey, and Connecticut. Each require 5 this modest copayment of prison inmates prior 6 to receiving healthcare. 7 Madam President, it's good 8 legislation. It's been supported in a 9 bipartisan fashion in the past. And we hope 10 that this measure will be aired again by this 11 Legislature, because the time has never been 12 more appropriate for this measure to be 13 enacted. 14 Thank you, Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Senator Hassell-Thompson. 18 SENATOR HASSELL-THOMPSON: Yes. 19 I have a question that I'd like to ask, 20 through you, Madam President, if Senator 21 Nozzolio will yield. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Nozzolio, do you yield? 24 SENATOR NOZZOLIO: I'd be happy

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(518) 371-8910 1 to yield, Madam President. 2 SENATOR HASSELL-THOMPSON: Thank 3 you. Senator Nozzolio, did you submit that 4 bill to the Crime Victims Committee? 5 SENATOR NOZZOLIO: Through you, 6 Madam President. It's my understanding that 7 all the appropriate procedures were followed 8 in order to present this measure before this 9 house today. 10 SENATOR HASSELL-THOMPSON: Okay. 11 The follow-up question, through you, Madam 12 President, if Senator Nozzolio will continue 13 to yield. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Nozzolio, do you continue to yield? 16 SENATOR NOZZOLIO: I'll be happy 17 to yield, Madam President. 18 SENATOR HASSELL-THOMPSON: In 19 sending that, Senator Nozzolio, are you aware 20 of any response that my office gave to your 21 staff concerning that bill? 22 SENATOR NOZZOLIO: Madam 23 President, no, I am not aware of any response 24 by the committee chair on this measure.

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(518) 371-8910 1 SENATOR HASSELL-THOMPSON: Then 2 no further questions, Senator Nozzolio. 3 Just a comment to you, Madam 4 President, and to Senator Nozzolio and to this 5 body. 6 All bills that come to Crime 7 Victims, Crime and Corrections have been 8 discussed. If they were not directly put onto 9 the committee agenda, they were discussed for 10 technical issues with the members. 11 My staff is here, and we are not 12 aware and our records do not indicate that 13 your request ever came to our committee. And 14 I would like to ensure to you and very 15 publicly to anyone here that there is not a 16 person who has submitted a bill to my 17 committee that we have not made an effort to 18 respond and to ensure that your bill gets on 19 the agenda. 20 So that if you will -- you may 21 choose to pursue this today, but in the event 22 that your request is not granted, that you 23 will in fact send it back through the 24 committee and we will ensure that we will take

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(518) 371-8910 1 it up at the next agenda. 2 Thank you, Madam President. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator Hassell-Thompson. 5 Senator DeFrancisco. 6 SENATOR DeFRANCISCO: Yes. I 7 just want to rise in support of the motion to 8 discharge and urge everyone to support it so 9 that it comes out of committee. 10 And more importantly, not only for 11 it to come out of committee and be discharged 12 from committee, but once discharged from 13 committee, actually put on an active list so 14 that it can be voted on with other bills and 15 that a healthy debate can take place on this 16 bill and any other bills that are successful 17 in a motion to discharge. 18 Thank you, Madam President. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Thank you, Senator. 21 Are there any other Senators 22 wishing to speak on the motion to discharge? 23 Hearing none, the question is on 24 the motion to discharge, from the Committee of

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(518) 371-8910 1 Crime Victims, Crime and Corrections, from 2 consideration of Senate Print 2404. All those 3 in favor of the motion please signify by 4 raising your hands. 5 The Secretary will announce the 6 results. 7 THE SECRETARY: Ayes, 30. Nays, 8 31. 9 ACTING PRESIDENT STEWART-COUSINS: 10 The motion fails. 11 Senator Klein. 12 SENATOR KLEIN: Madam President, 13 is there any further business at the desk? 14 ACTING PRESIDENT STEWART-COUSINS: 15 No, Senator Klein, the desk is clear. 16 SENATOR KLEIN: There being none, 17 I move that we adjourn until Monday, 18 April 27th, at 3:00 p.m., intervening days 19 being legislative days. 20 ACTING PRESIDENT STEWART-COUSINS: 21 There being no further business to come before 22 the Senate, on motion, the Senate stands 23 adjourned until Monday, April 27th, at 24 3:00 p.m., intervening days being legislative

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(518) 371-8910 1 days. 2 (Whereupon, at 12:31 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