Tuesday, June 2, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 2, 2009 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, 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 VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: The 10 invocation today will be delivered by Rabbi 11 Neal Joseph Loevinger, of Temple Beth El in 12 Poughkeepsie, New York. 13 Rabbi. 14 RABBI LOEVINGER: Thank you. 15 Senator, Senator Saland, and all of those 16 assembled, thank you for allowing me the honor 17 of being here today. 18 In my tradition, the Jewish 19 tradition, one of the names for God is "notein 20 da'at," the giver of wisdom, or the source of 21 wisdom. So I will call upon that source of 22 wisdom using these words in the hopes that we 23 can all recognize a source of wisdom, whether 24 we are of varying faiths or of no faith, a

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(518) 371-8910 1 source of wisdom which allows human beings to 2 transcend self-interest and come together and 3 tend towards compassion and justice, mercy and 4 inclusion. 5 So I ask the notein da'at, the 6 source of our wisdom, to bless this Senate, 7 its leaders and its advisors with the 8 curiosity to seek new knowledge and the 9 fearlessness to implement untried solutions to 10 our state's challenges. 11 I ask our Source of Wisdom that 12 this Senate should be blessed with the hearts 13 of servants, servants who serve not great 14 powers, but who serve the meekest of our 15 citizens. Bless this Senate to act as 16 servants who can envision the needs of future 17 generations and who are wise stewards of our 18 state's natural and financial resources for 19 future generations. 20 Please, Source of Wisdom, bless 21 this Senate, its leaders and advisors with 22 humility, so that all who come together here 23 may set aside ego and immediate political 24 consideration in order to forge compromises in

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(518) 371-8910 1 the best interests of as many citizens as 2 possible. 3 Please, Source of Wisdom, bless 4 those who are gathered here today with 5 openness of heart and openness of mind, to 6 draw upon the insights of all the great faith 7 traditions represented in our state, from 8 those whose moral reasoning is grounded in 9 traditions many thousands of years old, to 10 those whose faith commitments cause them to 11 seek new forms of social change. 12 Please, Source of Wisdom, bless all 13 who are assembled here in the Senate with the 14 grace of civility, to be examples for our 15 citizenry of learning from our differences. 16 Please, Source of Wisdom, bless all 17 who are assembled here today with the power of 18 compassion to hear the cries of the 19 broken-hearted and to respond with tenderness, 20 insight, and a desire to heal. 21 Please, Source of Wisdom, bless all 22 who are gathered here today with the 23 remembrance that in a state as great as 24 New York, our diversity is our strength and

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(518) 371-8910 1 our greatest challenge is to serve all the 2 citizens with all of our heart, all of our 3 soul, and all of our might. 4 And let us say amen. 5 ACTING PRESIDENT VALESKY: Thank 6 you, Rabbi, for that beautiful invocation. 7 Thank you also, Senator Saland, for 8 inviting Rabbi Loevinger for being with us 9 today. 10 The reading of the Journal. 11 The Secretary will read. 12 THE SECRETARY: In Senate, 13 Monday, June 1st, the Senate met pursuant to 14 adjournment. The Journal of Friday, May 29, 15 was read and approved. On motion, Senate 16 adjourned. 17 ACTING PRESIDENT VALESKY: 18 Without objection, the Journal stands approved 19 as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, 2 are there any substitutions at the desk? 3 ACTING PRESIDENT VALESKY: There 4 are substitutions, Senator Klein. 5 The Secretary will read. 6 THE SECRETARY: On page 25, 7 Senator Krueger moves to discharge, from the 8 Committee on Social Services, Assembly Bill 9 Number 7450 and substitute it for the 10 identical Senate Bill Number 4147, Third 11 Reading Calendar 334. 12 On page 35, Senator Savino moves to 13 discharge, from the Committee on 14 Investigations and Government Operations, 15 Assembly Bill Number 2782 and substitute it 16 for the identical Senate Bill Number 1408, 17 Third Reading Calendar 431. 18 On page 36, Senator Foley moves to 19 discharge, from the Committee on Environmental 20 Conservation, Assembly Bill Number 7894 and 21 substitute it for the identical Senate Bill 22 Number 4664, Third Reading Calendar 441. 23 On page 36, Senator Savino moves to 24 discharge, from the Committee on Civil Service

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(518) 371-8910 1 and Pensions, Assembly Bill Number 7864 and 2 substitute it for the identical Senate Bill 3 Number 3399, Third Reading Calendar 443. 4 On page 37, Senator Klein moves to 5 discharge, from the Committee on Elections, 6 Assembly Bill Number 1308 and substitute it 7 for the identical Senate Bill Number 1836A, 8 Third Reading Calendar 451. 9 On page 37, Senator Monserrate 10 moves to discharge, from the Committee on 11 Consumer Protection, Assembly Bill Number 3319 12 and substitute it for the identical Senate 13 Bill Number 3793, Third Reading Calendar 454. 14 On page 37, Senator Schneiderman 15 moves to discharge, from the Committee on 16 Codes, Assembly Bill Number 5516 and 17 substitute it for the identical Senate Bill 18 Number 4452, Third Reading Calendar 456. 19 And on page 37, Senator Sampson 20 moves to discharge, from the Committee on 21 Codes, Assembly Bill Number 7395 and 22 substitute it for the identical Senate Bill 23 Number 4534, Third Reading Calendar 457. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Substitutions ordered. 2 For the record, returning to the 3 regular order of business, there are no 4 reports of select committees, no 5 communications and reports from state 6 officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, I 10 have two motions. 11 The first on behalf of Senator 12 Krueger, on page 36, I offer the following 13 amendments to Calendar Number 440, Senate 14 Print 4779A, and ask that said bill retain its 15 place on Third Reading Calendar. 16 ACTING PRESIDENT VALESKY: The 17 amendments are received. 18 SENATOR KLEIN: The second, 19 Mr. President, on behalf of Senator 20 Montgomery, on page number 26 I offer the 21 following amendments to Calendar Number 344, 22 Senate Print Number 1293, and ask that said 23 bill retain its place on Third Reading 24 Calendar.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Those 2 amendments are received as well. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 believe there's a report of the Finance 6 Committee at the desk. 7 ACTING PRESIDENT VALESKY: 8 Senator Klein, there is a report of the 9 Finance Committee at the desk. 10 Returning to the order of reports 11 of standing committees, the Secretary will 12 read the report of the Finance Committee. 13 THE SECRETARY: Senator C. 14 Kruger, from the Committee on Finance, reports 15 the following nominations. 16 As member of the Administrative 17 Review Board for Professional Medical Conduct, 18 John A. D'Anna, M.D., of Staten Island. 19 As members of the State Board for 20 Historic Preservation, Randall T. Crawford, of 21 Syracuse; Jay A. Dilorenzo, of Schenectady; 22 and Francis Kowsky, of Buffalo. 23 As member of the Central New York 24 State Park, Recreation and Historic

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(518) 371-8910 1 Preservation Commission, Gretchen S. Sorin, of 2 Springfield Center. 3 As members of the board of 4 directors of the New York Convention Center 5 Operating Corporation, Mary A. D'Elia, of 6 New York City, and Sherida Elizabeth Paulsen, 7 of the Bronx. 8 As members of the State Council on 9 the Arts, Daniel D. Simmons, of Brooklyn. 10 As members of the Council on Human 11 Blood and Transfusion Services, Joseph T. 12 Chiofolo, of Howard Beach, and Kathleen M. 13 Grima, M.D., of Rye. 14 And as a member of the State 15 Hospital Review and Planning Council, Arthur 16 Levin, of New York City. 17 ACTING PRESIDENT VALESKY: 18 Senator Kruger. 19 SENATOR CARL KRUGER: Please move 20 the nominations. 21 ACTING PRESIDENT VALESKY: Are 22 there any Senators that wish to be heard on 23 the motion to confirm the nominations? 24 Seeing none, the question is on the

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(518) 371-8910 1 motion to confirm the nominations of John A. 2 D'Anna, Randall T. Crawford, Jay A. Dilorenzo, 3 Francis Kowsky, Gretchen S. Sorin, M.D., Mary 4 D'Elia, Sherida Elizabeth Paulsen, Daniel D. 5 Simmons, Joseph T. Chiofolo, Kathleen M. 6 Grima, M.D., and Arthur Levin. All in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT VALESKY: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT VALESKY: The 13 motion carries. The nominees are hereby 14 confirmed. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 may we at this time adopt the Resolution 18 Calendar in its entirety. 19 ACTING PRESIDENT VALESKY: All in 20 favor of adopting the Resolution Calendar in 21 its entirety signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT VALESKY: The 3 Resolution Calendar is adopted. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, at 6 this time can we take up the noncontroversial 7 reading of the calendar. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will proceed with the 10 noncontroversial reading of Senate Calendar 11 Number 53. 12 THE SECRETARY: Calendar Number 13 65, by Senator Valesky, Senate Print 1607, an 14 act to amend the General Municipal Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 294, by Member of the Assembly Dinowitz, 3 Assembly Print Number 1800, an act to amend 4 the Real Property Tax Law, in relation to 5 excluding. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 54. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 313, by Senator Libous, Senate Print 2804, an 18 act to amend the Tax Law, in relation to 19 extending authorization. 20 ACTING PRESIDENT VALESKY: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 322, by Senator Savino, Senate Print -- 9 SENATOR KLEIN: Lay that bill 10 aside for the day. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 329, by Senator Foley, Senate Print 4025B -- 15 SENATOR KLEIN: Lay the bill 16 aside for the day. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 336, by Senator Parker, Senate Print 3711, an 21 act to amend Public Service Law, in relation 22 to definition. 23 ACTING PRESIDENT VALESKY: 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 VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 337, by Senator Thompson, Senate Print 1230, 11 an act to amend the -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 355, by Member of the Assembly Bradley, 18 Assembly Print Number 7561, an act to amend 19 the Domestic Relations Law, in relation to 20 certain matrimonial actions. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 90th day.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 359, by Member of the Assembly Weinstein, 9 Assembly Print Number 2762A, an act to amend 10 the Estates, Powers and Trusts Law, in 11 relation to disposition. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 10th day. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 360, by Member of the Assembly Aubry, Assembly 24 Print Number 5598, Concurrent Resolution of

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(518) 371-8910 1 the Senate and Assembly proposing an amendment 2 to Article 3 -- 3 SENATOR LIBOUS: Lay it aside, 4 please. 5 ACTING PRESIDENT VALESKY: The 6 resolution is laid aside. 7 THE SECRETARY: Calendar Number 8 361, by Member of the Assembly Weinstein, 9 Assembly Print Number 7570, an act to amend 10 the Domestic Relations Law, in relation to 11 maintenance. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the 60th day. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 427, by Member of the Assembly Fields, 24 Assembly Print Number 5788, an act to amend

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(518) 371-8910 1 the Real Property Tax Law, in relation to 2 limiting base proportion. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 428, by Senator Foley, Senate Print 3330, an 15 act to amend the County Law -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 Senator Klein, that completes the 20 noncontroversial reading of Senate Calendar 21 Number 53. 22 SENATOR KLEIN: Mr. President, at 23 this time can we please go to a reading of the 24 controversial calendar.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 Secretary will ring the bells as we proceed to 3 the controversial reading of Senate Calendar 4 53, beginning with Calendar Number 360. 5 THE SECRETARY: Calendar Number 6 360, by Member of the Assembly Aubry, Assembly 7 Print Number 5598, Concurrent Resolution of 8 the Senate and Assembly proposing an amendment 9 to Article 3 of the Constitution. 10 SENATOR LIBOUS: Explanation, 11 please. 12 ACTING PRESIDENT VALESKY: 13 Senator Hassell-Thompson, an explanation has 14 been requested. 15 SENATOR HASSELL-THOMPSON: Thank 16 you, Mr. President. 17 Briefly, this bill gives the 18 Legislature the authority to pass a law 19 allowing inmates to work for not-for-profit 20 agencies where appropriate and necessary. 21 ACTING PRESIDENT VALESKY: 22 Senator Bonacic. 23 SENATOR BONACIC: Thank you. 24 Mr. President, I'd like to ask Senator

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(518) 371-8910 1 Thompson a couple of questions, if I may. If 2 she will yield. 3 ACTING PRESIDENT VALESKY: 4 Senator Hassell-Thompson, do you yield? 5 SENATOR HASSELL-THOMPSON: Yes, I 6 yield to the best of my ability. 7 ACTING PRESIDENT VALESKY: The 8 sponsor yields to the best of her ability. 9 SENATOR BONACIC: Thank you, 10 Senator Thompson. 11 Number one, this is a good bill. 12 Whenever we can help our municipalities and 13 our not-for-profit for volunteer work, that's 14 something commendable. 15 The only thing I will ask you is 16 this is going to be a constitutional change -- 17 I mean, a constitutional provision, and it's 18 exclusively for those not-for-profits that are 19 religious, charitable, or educational 20 not-for-profits. 21 So I guess my first question is, 22 should we define who they are? 23 SENATOR HASSELL-THOMPSON: I'm 24 not clear what -- through you, Mr. President.

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(518) 371-8910 1 Senator Bonacic, I'm not sure -- I mean, I'm 2 not clear what your question is. Define in 3 what manner? 4 SENATOR BONACIC: Yes, Senator 5 Thompson. I'll give an example. I form a 6 not-for-profit to study the moon, and I get 7 incorporated. And I have a following, I'll 8 call them moon followers, just for the 9 purposes of our discussion. 10 It may not be, in our traditional 11 sense, what a real not-for-profit is or is 12 deserving. And in our Constitution, it has 13 never defined, nor has this Legislature 14 defined, what is a legitimate religious 15 not-for-profit, educational not-for-profit, or 16 charitable not-for-profit. 17 And I'm making the suggestion, as 18 this resolution goes forward, maybe we should 19 define who they are. That is my point to you. 20 Is that something that you would give 21 consideration to? 22 SENATOR HASSELL-THOMPSON: 23 Through you, Mr. President. The short answer 24 to your question, Senator Bonacic, is

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(518) 371-8910 1 absolutely. 2 The long answer to your question is 3 I guess my concern is that while I think it's 4 important that we all be very clear about who 5 we're talking about, when in fact an 6 organization is given the status of 7 not-for-profit, isn't it then up to the 8 authorizing agency, usually the State 9 Department, to make that determination as to 10 whether or not, through its examination and 11 through its criteria, they have therefore 12 determined that this is in fact a 13 not-for-profit? 14 Therefore, how do we define, as you 15 put it, legitimacy? Do you understand what 16 I'm saying? 17 SENATOR BONACIC: I do. I do. 18 SENATOR HASSELL-THOMPSON: And so 19 that's why I asked you to define the question. 20 Because if in fact they are given the title 21 not-for-profit, and if they actually have the 22 501(c)(3), 501(c)(6), 10, whatever the 23 category is, they are legitimate as the law 24 prescribes.

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(518) 371-8910 1 If you feel that there is another 2 way in which we need to do that defining, then 3 I'll go back to my short answer: Absolutely. 4 SENATOR BONACIC: Okay. If 5 Senator Thompson will continue to yield. 6 ACTING PRESIDENT VALESKY: 7 Senator Hassell-Thompson, do you continue to 8 yield? 9 SENATOR HASSELL-THOMPSON: Yes. 10 ACTING PRESIDENT VALESKY: The 11 sponsor continues. 12 SENATOR BONACIC: It's my 13 understanding that those officials that 14 receive a not-for-profit application, it is 15 more a legal act of making sure your T's are 16 crossed and your I's are dotted, and no 17 judgment as to whether the purpose of the 18 not-for-profit is legitimate or not within our 19 traditional concepts. 20 And the reason I am having this 21 discussion with you is, to refresh your 22 recollection, we develop legislation for 23 tax-exempts and the abuses for 24 not-for-profits. And we got into this issue.

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(518) 371-8910 1 And over the last 30 years, the 2 courts have defined what a legitimate 3 not-for-profit could be. And I will give you 4 one example. One man, saying "I believe in 5 God" -- no church, no followers -- got 6 tax-exempt status on hundreds of acres that he 7 bought. 8 And that was, in my opinion, an 9 abuse of what should be tax-exempt. Because 10 we as a Legislature never defined legitimate 11 not-for-profits in education, in religious or 12 charitable. 13 So I would only ask you to take a 14 look, to take a look. Because we've spent 15 considerable time trying to do this in Senate 16 bill -- it'll just take a second -- well, it 17 was Assembly Bill Number 1127A. And it was 18 done by this Senate, the January 28, 2003, 19 bill. And there we attempted to give 20 definition to what is religious, what is 21 charitable, and what is educational. 22 And I would ask you to take a look 23 at that. And if you think it's appropriate, I 24 would ask you to put definitions now as to

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(518) 371-8910 1 what are legitimate not-for-profits in these 2 three categories, because it's a perfect 3 opportunity, so we don't run into legal issues 4 the down the road. 5 That's all. 6 SENATOR HASSELL-THOMPSON: 7 Through you, Mr. President. One of the 8 things, as I understand what I'm attempting to 9 do with this, this is really a resolution. 10 And what you're asking for is enabling 11 legislation. That's not what this is. And I 12 think that it's very appropriate for the 13 concern that you raise for us to do that. 14 This just gives very limited authority. 15 And as we go forward, I would 16 certainly embrace the idea of working with you 17 in terms of creating the kind of legislation 18 that does in fact give a definition that we 19 all can feel comfortable with. 20 SENATOR BONACIC: Thank you, 21 Senator Thompson. And thank you for bringing 22 this resolution forward. 23 Thank you, Mr. President. 24 SENATOR HASSELL-THOMPSON: Thank

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(518) 371-8910 1 you. 2 ACTING PRESIDENT VALESKY: Thank 3 you, Senator Bonacic. 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: I'd like to 6 ask Senator Hassell-Thompson if she will yield 7 for a question. 8 ACTING PRESIDENT VALESKY: 9 Senator Hassell-Thompson, do you yield? 10 SENATOR HASSELL-THOMPSON: Yes, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 sponsor yields. 14 SENATOR FUSCHILLO: Thank you, 15 Mr. President. 16 You had mentioned who we are 17 talking about with regard to the nonprofits. 18 And this may be way ahead of the game, but 19 just in understanding your explanation. Who 20 are we talking about, what type of prisoners 21 would be applicable to this statute? 22 SENATOR HASSELL-THOMPSON: I 23 think that -- let me just -- well, let me say 24 this to you. Let me tell you who it excludes.

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(518) 371-8910 1 Maybe that will help you. 2 SENATOR FUSCHILLO: Sure. 3 SENATOR HASSELL-THOMPSON: 4 Through you, Mr. President. The eligibility 5 for this excludes inmates that are classified 6 as sex offenders, those that are serving 7 sentences for violent offenses, including 8 murder, and those consistent with present 9 restrictions on eligibility for work-release 10 programs. 11 That gives you a wide variety of 12 other types of prisoners. But normally these 13 would be those who are eligible for work 14 release and those who are presently in prison 15 camps. 16 SENATOR FUSCHILLO: And this is 17 all under the guise of probation and the 18 prison officials. 19 Would the Senator yield for another 20 question, Mr. President? 21 ACTING PRESIDENT VALESKY: 22 Senator Hassell-Thompson, do you continue to 23 yield? 24 SENATOR HASSELL-THOMPSON: Yes,

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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT VALESKY: The 3 sponsor yields. 4 SENATOR FUSCHILLO: Thank you, 5 Senator. 6 Will it be spelled out in greater 7 detail -- 8 SENATOR HASSELL-THOMPSON: Yes. 9 SENATOR FUSCHILLO: -- of 10 additional -- you know what I'm going to ask 11 you. 12 SENATOR HASSELL-THOMPSON: Yes, I 13 do. 14 SENATOR FUSCHILLO: -- additional 15 crimes and offenses? Because that's a limited 16 scope. I understand how broad it could be 17 under the Penal Law in New York State. But 18 there could be other offenses where 19 individuals, we don't want them near children. 20 And I would hope that as you go 21 forward with this -- and my involvement in a 22 nonprofit before I came to the Senate, there 23 are individuals in jail right now or on a work 24 release that I wouldn't want involved on a

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(518) 371-8910 1 work-release program with children, that 2 either are in counseling programs for drugs or 3 alcohol that I would want a prisoner attached 4 to. 5 So I would hope that that is as 6 broad and open and wide as you can possibly 7 make it -- 8 ACTING PRESIDENT VALESKY: 9 Senator Fuschillo, excuse me for just one 10 second. Some are having difficulty hearing 11 your comments. 12 If we could keep the noise level 13 down, please. Thank you. 14 SENATOR FUSCHILLO: Thank you, 15 Mr. President. 16 -- and that you would clearly 17 define it going forward on exactly what kind 18 of inmate you're talking about and what 19 offense. 20 Because, you know, with the 21 reformed drug laws that were done in the 22 budget, we've now seen some things that could 23 be harmful to individuals. So I wouldn't want 24 it just to be language or intent, but rather

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(518) 371-8910 1 you try to spell it out specifically what type 2 of offenses would be excluded, as you 3 mentioned a few. 4 SENATOR HASSELL-THOMPSON: 5 Through you, Mr. President. Let me extend to 6 you, Senator Fuschillo, the same invitation 7 that I did to Senator Bonacic, that as we go 8 forward I would more than welcome whatever 9 participation that you would like to bring to 10 this. And so that when we have a bill, it 11 will be something that we can all be satisfied 12 with. 13 SENATOR FUSCHILLO: Mr. 14 President, through you, I appreciate the 15 consideration. Thank you. 16 SENATOR HASSELL-THOMPSON: Thank 17 you. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Fuschillo. 20 Senator Volker. 21 SENATOR VOLKER: Mr. President, I 22 just wanted to say that because this was my 23 legislation from last year, I'm not going to 24 ask any questions.

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(518) 371-8910 1 What occurred is, and the way in 2 which this concurrent resolution occurred was 3 because for years the sheriffs, primarily in 4 upstate New York, and frankly even in this 5 building here, have used inmate labor over the 6 years. 7 For the most part, they're 8 virtually all minimum-security inmates that do 9 painting of churches and they do all sorts of 10 things. In fact, I think in the flood some 11 years ago there was as many as a thousand 12 inmates from different facilities that 13 participated in the sandbagging and so forth. 14 The reason that this issue occurred 15 was it had been going on for years, and all of 16 a sudden a judge said: You know, I don't know 17 if you can do this under the present law. I 18 believe you should have a constitutional 19 amendment that would allow both the state and 20 particularly local governments to allow these 21 people to do these jobs. 22 So that's really where this 23 legislation came from. Senator 24 Hassell-Thompson was good enough to take the

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(518) 371-8910 1 bill. And so frankly, the whole idea -- this 2 bill was really a sheriffs' bill, when you 3 come right down to it. The sheriffs are the 4 ones that wanted it very badly, because so 5 much good has been done throughout the state 6 by the inmate labor. 7 So that's what this bill is all 8 about. I thank Senator Hassell-Thompson for 9 the bill. And I'm obviously going to vote 10 aye. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Volker. 13 Are there any other Senators who 14 wish to be heard? 15 Senator Schneiderman. 16 SENATOR SCHNEIDERMAN: Thank you, 17 Mr. President. On the bill. 18 ACTING PRESIDENT VALESKY: 19 Senator Schneiderman on the concurrent 20 resolution. 21 SENATOR SCHNEIDERMAN: On the 22 concurrent resolution, excuse me. 23 I just wanted to say that Senator 24 Hassell-Thompson, what she's doing here today

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(518) 371-8910 1 is I think a tremendously important step along 2 a path towards really fixing a broken criminal 3 justice system, not just in New York State but 4 in the country. 5 We have to acknowledge, as this 6 resolution acknowledges, that they all come 7 home. That's actually the title of a book by 8 Jeremy Travis, the president of John Jay 9 College in the SUNY system: "They All Come 10 Home." 11 And 30 years ago I worked in a 12 correctional institution that had embryonic 13 work-release programs. And at that time we 14 recognized, and I've recognized ever since, 15 that the not-for-profit sector is a critical 16 part of the path for people to get their lives 17 back on track. 18 And for us to enable people to 19 volunteer in the not-for-profit sector is a 20 tremendously important step, subject to all 21 appropriate restrictions. This does not mean 22 that people can just show up at any 23 not-for-profit and say, I'm coming in. This 24 provides for selection.

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(518) 371-8910 1 But this is an important step. And 2 I'd urge everyone to support this legislation 3 and to support our efforts to expand this type 4 of opportunity. We're not going to be able to 5 correct the wrongs in our criminal justice 6 system unless we're creative, unless with all 7 steps to protect public safety we are smart 8 about getting people's lives back on track and 9 reintegrating prisoners into the community. 10 Because they come out sooner or 11 later, and if they don't get into a program 12 such as the one Senator Hassell-Thompson is 13 providing for here, they're coming back that 14 much less ready to participate in society and 15 to become law-abiding, taxpaying citizens. 16 I urge everyone to vote in support. 17 Thank you, Mr. President. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Schneiderman. 20 Are there any other Senators who 21 wish to be heard? 22 Seeing none, the debate is closed. 23 The Secretary will ring the bells. 24 The Secretary will call the roll on

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(518) 371-8910 1 second passage of the concurrent resolution. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT VALESKY: 4 Senator Marcellino, to explain his vote. 5 SENATOR MARCELLINO: Yes, 6 Mr. President, thank you, I rise to explain my 7 vote. 8 This bill is designed -- this 9 resolution, concurrent resolution is designed 10 to become a constitutional amendment which 11 would ultimately help and assist people who 12 have somehow gone astray and gotten themselves 13 into some trouble. This bill hopefully will 14 make it easier for them to work their way back 15 into society. 16 We are honored by having some young 17 people in the balcony who are part of Boys and 18 Girls Clubs throughout the state engaged in a 19 competition, if you will, to better 20 themselves. And it's well known that Boys and 21 Girls Clubs already help and seek to make sure 22 that young people do the right thing and are 23 engaged in positive activities. 24 So, ladies and gentlemen, I suggest

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(518) 371-8910 1 a positive vote on this very important 2 concurrent resolution to let the young people 3 in our balcony -- four of whom are from my 4 district. And I congratulate them for making 5 this long journey and thank and congratulate 6 their mentors and parents for bringing them 7 here and getting them involved with Boys and 8 Girls Clubs, which are extremely important to 9 the youth of our state. 10 ACTING PRESIDENT VALESKY: Excuse 11 me, Senator Marcellino. It's difficult to 12 hear your explanation. 13 If we could have members take 14 conversations outside of the chamber, please. 15 Thank you. 16 SENATOR MARCELLINO: I thank you, 17 Mr. President. It's not often people tell me 18 I speak too softly. 19 But I just rise to say that I 20 intend to vote for this resolution, and I 21 thank the young people and the people who 22 mentor them in the Boys and Girls Clubs for 23 the great work that they do throughout our 24 state. And I know our whole house

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(518) 371-8910 1 congratulates them as well. 2 I vote aye. 3 (Applause.) 4 ACTING PRESIDENT VALESKY: 5 Senator Marcellino to be recorded in the 6 affirmative. 7 Senator Farley, to explain his 8 vote. 9 SENATOR FARLEY: Yes, I rise in 10 support of this concurrent resolution and 11 applaud Senator Hassell-Thompson for bringing 12 it. 13 This is an example of prisoners 14 working in the community. And we've had an 15 experience, Senator McDonald and myself, with 16 Camp McGregor -- 17 SENATOR LIBOUS: Excuse me, 18 Mr. President. 19 Mr. President, this resolution is 20 very important. There's a lot of 21 conversations going on. We're honoring some 22 folks here that have come before the Senate 23 chamber. I would ask that members take their 24 conversations outside of the chamber.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: As I 2 have asked as well. 3 Senator Farley, we'll wait for 4 quiet before you continue. 5 SENATOR FARLEY: Thank you very 6 much, Senator Libous and Mr. President. 7 I do rise in support of this, 8 because this has actually been an experience 9 that has happened in Senator McDonald's 10 district and mine with Camp McGregor where 11 these prisoners worked in the communities to 12 help nonprofits and churches and so forth. 13 It was beautifully received. As a 14 matter of fact, as they're closing Camp 15 McGregor, there was tremendous concern within 16 the community and within the area at the loss 17 of these workers. 18 This is an example of something 19 where these people get up, have a good day's 20 work -- many of them had never had a day's 21 work -- and have found themselves refreshed. 22 And it really cuts down on recidivism and so 23 many, many other things. 24 I think it's an outstanding

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(518) 371-8910 1 concurrent resolution, and I rise in support 2 of it. And I congratulate my colleagues for 3 voting for it, I think unanimously. And I 4 also vote aye. 5 ACTING PRESIDENT VALESKY: 6 Senator Farley to be recorded in the 7 affirmative. 8 Senator Libous, to explain his 9 vote. 10 SENATOR LIBOUS: Mr. President, 11 to explain my vote too. 12 As Senator Farley, I support this 13 bill. But at the same time, I support it with 14 disappointment, because Camp Pharsalia is 15 closing. And Camp Pharsalia has provided, 16 through the men and women who have worked 17 there throughout the years, and certainly 18 those who were part of the facility, millions 19 of dollars in savings to communities within 20 Chenango and surrounding counties. 21 It also provided -- and this is 22 something that I think was overlooked -- also 23 provided, in volunteer efforts, savings to the 24 State of New York through the Department of

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(518) 371-8910 1 Environmental Conservation, savings to the 2 State of New York through agencies like the 3 Parks Department and other state agencies. 4 So while I support the concept of 5 this throughout the state, I think it's a good 6 concept, I stand here extremely disappointed 7 that I will no longer have a facility in my 8 district that will be able to provide those 9 jobs and those services from the men and women 10 who were part of that facility. 11 I vote aye. 12 ACTING PRESIDENT VALESKY: 13 Senator Libous to be recorded in the 14 affirmative. 15 Are there any other Senators who 16 wish to explain their vote? 17 Seeing none, the Secretary will 18 announce the results. 19 THE SECRETARY: Ayes, 61. Nays, 20 0. 21 ACTING PRESIDENT VALESKY: The 22 concurrent resolution is adopted. 23 Let the record reflect that was 24 second passage of the concurrent resolution.

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(518) 371-8910 1 The Secretary will continue. 2 THE SECRETARY: Calendar Number 3 428, by Senator Foley, Senate Print 3330, an 4 act to amend the County Law, in relation to 5 enhanced emergency telephone system surcharge. 6 SENATOR LIBOUS: Read the last 7 section. 8 ACTING PRESIDENT VALESKY: Are 9 there any Senators who wish to be heard on the 10 legislation? 11 Hearing none, the debate is closed. 12 The Secretary will ring the bells. 13 The Secretary will read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect January 1, 2010. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 428 are 22 Senators Lanza, LaValle, Marcellino and 23 Ranzenhofer. Also Senator Saland. 24 Ayes, 56. Nays, 5.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 Senator Klein, that completes the 4 bills on today's active list. 5 SENATOR KLEIN: Mr. President, 6 can you please recognize Senator Ruth 7 Hassell-Thompson and then Senator Libous for a 8 brief announcement. 9 ACTING PRESIDENT VALESKY: 10 Senator Hassell-Thompson. 11 SENATOR HASSELL-THOMPSON: Thank 12 you, Mr. President. 13 I just would like to announce that 14 immediately following session there will be a 15 meeting of the Majority in Room 332. 16 ACTING PRESIDENT VALESKY: 17 Immediate conference of the Senate Majority in 18 Room 332. 19 Senator Libous. 20 SENATOR LIBOUS: Thank you, 21 Mr. President. Thank you, Senator Klein. 22 There will be an immediate 23 Republican conference in Room 315. 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Immediate Minority conference in Room 315. 2 Senator Fuschillo. 3 SENATOR FUSCHILLO: Mr. 4 President, just briefly. And thank you, 5 Senator Klein. Today -- 6 ACTING PRESIDENT VALESKY: We 7 have not concluded session. 8 SENATOR FUSCHILLO: Mr. 9 President, it's very noisy in here today. 10 ACTING PRESIDENT VALESKY: It has 11 been. 12 SENATOR FUSCHILLO: Thank you 13 very much for the recognition. Just briefly. 14 Today we passed some resolutions 15 that I had sponsored commending the men and 16 women of the Volunteer Fire Services from the 17 Wantagh Hook and Ladder and Engine Company 18 Number 1. And I want to thank the members of 19 the Senate for passing that. 20 But I also want to just briefly 21 recognize the men and women that are up in the 22 gallery from the Volunteer Fire Services and 23 welcome them to Albany. 24 (Applause.)

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: On 2 behalf of Senator Fuschillo and all Senators, 3 we welcome the members of the Volunteer Fire 4 Service who are joining us today, and we thank 5 each and every one of you for your service in 6 your communities. 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, is 9 there any further business at the desk? 10 ACTING PRESIDENT VALESKY: There 11 is no further business at the desk. 12 SENATOR KLEIN: There being none, 13 I move that we adjourn until Wednesday, 14 June 3rd, at 3:00 p.m. 15 ACTING PRESIDENT VALESKY: On a 16 motion by Senator Klein, the Senate stands 17 adjourned until Wednesday, June 3rd, at 18 3:00 p.m. 19 (Whereupon, at 3:56 p.m., the 20 Senate adjourned.) 21 22 23 24

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