Tuesday, June 22, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 22, 2010 11 1:32 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 25

Candyco Transcription Service, Inc. 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: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, June 21, 2010, the Senate met pursuant 19 to adjournment. The Journal of Sunday, 20 June 20, 2010, was read and approved. On 21 motion, Senate adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Breslin, on page number 15 I 11 offer the following amendments to Calendar 12 Number 376, Senate Print Number 5203A, and ask 13 that said bill retain its place on Third 14 Reading Calendar. 15 ACTING PRESIDENT VALESKY: So 16 ordered. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, at 19 this time I move to adopt the Resolution 20 Calendar in its entirety, with the exception 21 of Senate Resolutions 6160, 6246, 6247, 6244, 22 and 6245. 23 ACTING PRESIDENT VALESKY: All 24 those in favor of adopting the Resolution 25 Calendar, with the exceptions as noted,

Candyco Transcription Service, Inc. 1 indicate by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT VALESKY: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT VALESKY: The 7 Resolution Calendar is adopted. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time I move to take up Senate Resolution 11 Number 6160, by Senator Foley. I ask that the 12 title of the resolution be read and move for 13 its immediate adoption and allow Senator Foley 14 to speak on his said resolution. 15 ACTING PRESIDENT VALESKY: The 16 Secretary will read. 17 THE SECRETARY: By Senator Foley, 18 Legislative Resolution 6160, mourning the 19 untimely death of Jason Anthony Santora of 20 Farmingdale, New York, and paying tribute to 21 his courageous actions as a member of the 22 United States Army. 23 ACTING PRESIDENT VALESKY: 24 Senator Foley, on the resolution. 25 SENATOR FOLEY: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 It is with a sad responsibility 3 that I rise this morning to speak about a very 4 brave man from Long Island, New York, Sergeant 5 Jason Santora, who was a team leader assigned 6 to the Third Battalion, 75th Ranger Regiment, 7 United States Army. Jason was 25 years of age 8 when he was killed during a combat operation 9 on April 23, 2010, in Afghanistan. Fellow 10 colleagues, he was serving his fourth tour of 11 duty. 12 Jason was a 2003 graduate of Sachem 13 High School North, where he played football 14 and soccer. He enlisted in the United States 15 Army in March of 2006 and completed Infantry 16 One Station Training, the Basic Airborne 17 Course, and the Ranger Indoctrination Program 18 at Fort Benning, Georgia. 19 Jason's medals and decorations 20 include the following: The Ranger Tab, Combat 21 Infantry Badge, Parachutist Badge, Purple 22 Heart, Bronze Star, and the Meritorious 23 Service Medal. 24 Jason is survived by his father, 25 Gary, who is very active in the public union

Candyco Transcription Service, Inc. 1 movement in Suffolk County, his mother, 2 Theresa, his sister, Gina, and numerous other 3 family members who will miss him greatly. 4 I'd like to conclude, 5 Mr. President, with this final fact. And I 6 think it also speaks to how grievous his death 7 in fact was. The same month that he was 8 killed, he had the opportunity to go home 9 because his grandmother had passed away at 10 that very time. He decided to stay in 11 Afghanistan because, as he had told his father 12 at that time before his death, his team needed 13 him. 14 But for that kind of attitude, he 15 would have been home as opposed to taking part 16 in an operation on April 23rd that resulted in 17 his death. 18 He was a fine, fine graduate of 19 Sachem High School, a patriotic American. And 20 similar to other colleagues who asked the 21 chamber to stand for a member of silence for 22 him and his family, I would ask the President 23 if he could kindly ask our colleagues to do 24 the same at this moment. 25 ACTING PRESIDENT VALESKY: At

Candyco Transcription Service, Inc. 1 Senator Foley's request, all members, staff 2 and visitors are asked to stand in a moment of 3 silence. 4 (Whereupon, the assemblage 5 respected a moment of silence.) 6 ACTING PRESIDENT VALESKY: The 7 question is on the resolution. All in favor 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT VALESKY: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT VALESKY: The 14 resolution is adopted. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 would you please recognize Senator Larkin for 18 some remarks. 19 SENATOR LARKIN: Thank you, 20 Mr. President. 21 My resolution, 6215, is a 22 grassroots effort across this nation to 23 remember the spirit of '45. This has taken on 24 a national interest and is now being sponsored 25 by about 190 members between the House and the

Candyco Transcription Service, Inc. 1 Senate in Washington and what its purpose is 2 is to remind people of what happened on 3 August 14, 1945, when the world was notified 4 that World War II had ended. 5 There were celebrations then, but 6 today the Greatest Generation is in a dark 7 period. Lot of forget-me-nots, but a lot of 8 people starting to wonder what happened where 9 it did. 10 This effort would be to set aside a 11 day in our life to pay tribute, honor and 12 respect to those Americans who fought in World 13 War II. We know for a fact that just in 14 Europe alone there were over 400,000 Americans 15 killed in World War II. I would appreciate 16 everyone signing onto it. It will be sent to 17 our members of Congress. I would ask also 18 that you as an individual write to your 19 Senators and your Congressmen and ask them to 20 join us on this. 21 This is a day we should not forget. 22 This is a day to say thank you to those that 23 served. 24 Thank you, Mr. President. 25 ACTING PRESIDENT VALESKY: Thank

Candyco Transcription Service, Inc. 1 you, Senator Larkin. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time I move that we go to a reading of 5 the calendar. 6 ACTING PRESIDENT VALESKY: The 7 Secretary will proceed with the reading of the 8 noncontroversial calendar. 9 THE SECRETARY: Calendar Number 10 58, by Senator Aubertine, Senate Print 6237A, 11 an act to amend the Highway Law. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 138, by Senator Foley, Senate Print 6459A, an 24 act to amend the Highway Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect on the 30th day. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 169, by Member of the Assembly Lupardo, 12 Assembly Print Number 8300A, an act to amend 13 the Vehicle and Traffic Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 56. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 217, by --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 242, by Senator Oppenheimer, Senate Print 7 4634A, an act to amend the Education Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 282, by Senator Perkins, Senate Print 6791 -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 371, by Senator Aubertine, Senate Print 7181B,

Candyco Transcription Service, Inc. 1 an act to amend the Highway Law and the 2 Vehicle and Traffic Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 120th day. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: In relation to 11 Calendar Number 371, to be recorded in the 12 negative: Senator Libous. 13 Ayes, 55. Nays, 1. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 379, by Member of the Assembly Pretlow, 18 Assembly Print Number 9186B, an act to amend 19 the Penal Law. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 30th day. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT VALESKY: 3 Senator DeFrancisco, to explain his vote. 4 SENATOR DeFRANCISCO: I'm voting 5 no. 6 I have nothing against sanitation 7 enforcement agents, I think they're wonderful 8 people and do a wonderful job. The problem is 9 that there are so many exceptions to the 10 assault third degree by elevating just about 11 everybody that's -- if you look at the bill, 12 it elevates everybody. So the only person 13 left that if assaulted does not have the crime 14 elevated to a felony is the individual who 15 happens to be around while this assault takes 16 place. 17 So I just can't support this, for 18 the reasons I've said in other similar bills. 19 No. 20 ACTING PRESIDENT VALESKY: 21 Senator DeFrancisco to be recorded in the 22 negative. 23 Announce the results. 24 THE SECRETARY: In relation to 25 Calendar Number 379, to be recorded in the

Candyco Transcription Service, Inc. 1 negative: Senators DeFrancisco, Little and 2 Ranzenhofer. 3 Ayes, 54. Nays, 3. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 382, by Senator Squadron, Senate Print 7336, 8 an act to amend Chapter 534 of the Laws of 9 2000. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT VALESKY: 18 Announce the results. 19 THE SECRETARY: In relation to 20 Calendar Number 382, to be recorded in the 21 negative: Senators Bonacic, DeFrancisco, 22 Flanagan, Golden, Griffo, O. Johnson, Lanza, 23 Libous, Ranzenhofer, Volker, Winner and Young. 24 Senator Bonacic is now recorded in 25 the affirmative, and Senator Saland is in the

Candyco Transcription Service, Inc. 1 negative. 2 Ayes, 45. Nays, 12. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 392, by Member of the Assembly Dinowitz, 7 Assembly Print Number 1130A, an act to amend 8 the Education Law. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: In relation to 17 Calendar Number 392, to be recorded in the 18 negative: Senators Bonacic, Fuschillo, 19 Golden, Griffo, O. Johnson, LaValle, Libous, 20 Marcellino, McDonald, Padavan, Ranzenhofer, 21 Saland, Skelos, Volker and Young. 22 Ayes, 42. Nays, 15. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 399, by Senator Thompson, Senate Print 3296H, 2 an act to amend the Environmental Conservation 3 Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 57. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 421, by Member of the Assembly Weisenberg, 16 Assembly Print Number 10835A, an act to amend 17 the Real Property Tax Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 448, by -- 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside for the day. 9 THE SECRETARY: Calendar Number 10 468, by Senator Leibell, Senate Print 7086C, 11 an act in relation to authorizing the Town of 12 Lewisboro. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 472, by Senator C. Johnson, Senate Print 5895,

Candyco Transcription Service, Inc. 1 an act to amend the Public Authorities Law. 2 ACTING PRESIDENT VALESKY: There 3 is a home-rule message at the desk. 4 Read 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, 58. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 490, by Senator Breslin, Senate Print 6954C, 15 an act to repeal Chapter 241 of the Laws of 16 1930. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect July 1, 2010. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT VALESKY: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: In relation to 2 Calendar Number 490, to be recorded in the 3 negative: Senator Marcellino. 4 Ayes, 57. Nays, 1. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 498, by Senator -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT VALESKY: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 519, by Senator Squadron, Senate Print 5283A, 15 an act to amend the Tax Law. 16 ACTING PRESIDENT VALESKY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 532, by Member of the Assembly Brodsky, 3 Assembly Print Number 1730D, an act to amend 4 the General Business Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the 60th day. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT VALESKY: 13 Senator Libous. 14 SENATOR LIBOUS: Thank you, 15 Mr. President. I just want to explain my 16 vote. 17 I wanted to thank Senator Squadron. 18 This bill has been before the house a couple 19 of times before. And one of the key 20 components that I was concerned about, me 21 personally, was the Farm Bureau's objection. 22 I believe the Farm Bureau has lifted their 23 objection. I appreciate the fact that he met 24 with them. 25 The only other thing that I would

Candyco Transcription Service, Inc. 1 ask of the sponsor -- and I will vote for the 2 bill -- is that there seems to be some 3 discrepancy in dealing with motor vehicles 4 that may be auctioned off by towns and 5 villages. I've spoken to Senator Squadron; he 6 said they were going to check with the General 7 Business Law and, if there is a problem, that 8 he would offer a chapter amendment. 9 I will vote aye on this. 10 ACTING PRESIDENT VALESKY: 11 Senator Libous to be recorded in the 12 affirmative. 13 Senator Squadron, to explain his 14 vote. 15 SENATOR SQUADRON: Thank you, 16 Mr. President. 17 This bill is very important to 18 clean up an industry and create transparency 19 where there hasn't been a lot. But a lot of 20 work was done with my colleagues in the 21 conference who I really want to express my 22 gratitude to, to ensure that this wouldn't 23 cover areas that are already regulated or that 24 already work well. 25 Senator McDonald, Senator

Candyco Transcription Service, Inc. 1 Aubertine, Senator Libous and others -- 2 Senator Dilan -- raised concerns to ensure 3 equity and ensure that we're not 4 overregulating where it's not necessary. 5 We are looking at creating more 6 clarity relative to some of these certain 7 kinds of town and highway auctions and are 8 working on a chapter amendment, as Senator 9 Libous said, to ensure that there's absolute 10 clarity that these sorts of auctions which the 11 intent is to exempt are in fact exempt. 12 I'll be voting aye. Thank you, 13 Mr. President. 14 ACTING PRESIDENT VALESKY: 15 Senator Squadron to be recorded in the 16 affirmative. 17 Senator Duane, to explain his vote. 18 SENATOR DUANE: Thank you, 19 Mr. President. 20 Because I may have a pecuniary 21 interest in this bill, I'd ask for unanimous 22 consent to abstain from voting on this 23 calendar 532, S4313D. 24 I'm erring on the side of caution. 25 As most of you know my partner of 17 years --

Candyco Transcription Service, Inc. 1 well, you know about him, but you may not know 2 that he works in the auction business. And 3 though of course we don't -- we're not legally 4 married in this state, I just, I want to -- 5 because we are married, but we're not, I just 6 want to err on the side of abstaining for 7 cause. 8 Thank you, Mr. President. 9 ACTING PRESIDENT VALESKY: 10 Senator Duane to abstain from voting on 11 Calendar Number 532. 12 Senator Saland, to explain his 13 vote. 14 SENATOR SALAND: Thank you, 15 Mr. President. 16 I too would like to thank Senator 17 Squadron, who I've had several conversations 18 with regarding this bill. And while I'm not 19 supporting the bill, I thank him for his 20 effort to be accommodating and to work to deal 21 with the issues raised by the Farm Bureau and 22 I believe the storage warehouse people as 23 well. 24 The New York State Auctioneers, the 25 Business Council still oppose this bill. And

Candyco Transcription Service, Inc. 1 this bill basically takes the New York City 2 system that currently regulates the major 3 houses like Sotheby's and imposes that system 4 on all counties with populations in excess of 5 200,000 or if in fact you have a sale with an 6 estimated value of $100,000 or more. 7 This could prove to be very 8 difficult for many auctioneers, particularly 9 in smaller counties. And I remain 10 particularly troubled by the ability of the 11 con sin nor to be able to bid on his or her 12 own product. 13 I'm going to vote in the negative, 14 but that is certainly not a reflection on 15 Senator Squadron's efforts to try and be 16 accommodating and come up with a better 17 product. I think it is a better product than 18 the one I saw, but I still don't think in my 19 opinion is good enough to pass muster, and 20 I'll be voting in the negative. Thank you. 21 ACTING PRESIDENT VALESKY: 22 Senator Saland to be recorded in the negative. 23 Announce the results. 24 THE SECRETARY: In relation to 25 Calendar Number 532, those Senators to be

Candyco Transcription Service, Inc. 1 recorded in the negative are Senators Alesi, 2 Bonacic, DeFrancisco, Griffo, O. Johnson, 3 Little, Nozzolio, Saland, Volker, Winner, and 4 Young. Also Senator Ranzenhofer. 5 Ayes, 45. Nays, 12. 6 Senator Duane, pursuant to Rule 9, 7 Section 1B, abstains from voting. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 541, by Member of the Assembly Jeffries, 12 Assembly Print Number 10551, an act to amend 13 the Public Service Law. 14 ACTING PRESIDENT VALESKY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 30th day. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 587, by Senator Valesky, Senate Print 7542B,

Candyco Transcription Service, Inc. 1 an act to amend the Penal Law and the Public 2 Health Law. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT VALESKY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 593, by Senator Savino, Senate Print 7452A, an 15 act to amend the Retirement and Social 16 Security Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: In relation to 25 Calendar Number 593, to be recorded in the

Candyco Transcription Service, Inc. 1 negative: Senators Griffo, Ranzenhofer, and 2 Maziarz. 3 Ayes, 55. Nays, 3. 4 ACTING PRESIDENT VALESKY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 595, by Senator L. Krueger, Senate Print 8 3853A, an act to amend the Real Property Tax 9 Law. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 30th day. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 598, by Senator Foley -- 22 ACTING PRESIDENT VALESKY: 23 Senator Flanagan. 24 SENATOR FLANAGAN: Mr. President, 25 if I could ask for unanimous consent to be

Candyco Transcription Service, Inc. 1 recorded in the negative on Calendar 593. 2 ACTING PRESIDENT VALESKY: 3 Senator Flanagan, with unanimous consent, you 4 shall be recorded in the negative on Calendar 5 Number 593. 6 SENATOR FLANAGAN: Thank you. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will continue to read. 9 THE SECRETARY: Calendar Number 10 598, by Senator Foley, Senate Print 5950B, an 11 act authorizing the Town of Brookhaven, 12 Suffolk County, to establish. 13 ACTING PRESIDENT VALESKY: There 14 is a home-rule message at the desk. 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT VALESKY: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 610, by Senator Breslin --

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Lay the bill 2 aside for the day, please. 3 ACTING PRESIDENT VALESKY: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 617, by Senator Montgomery, Senate Print -- 7 SENATOR LIBOUS: Lay it aside. 8 ACTING PRESIDENT VALESKY: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 624, by Senator Montgomery -- 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, on 17 Calendar Number 610, Senate Print 396A, 18 Senator Breslin's bill, I'd like to remove the 19 lay-aside and not lay it aside for the day. 20 ACTING PRESIDENT VALESKY: On 21 Calendar Number 610, the lay aside for the day 22 is removed and the bill is restored to the 23 noncontroversial calendar. 24 The Secretary will take up Calendar 25 Number 610, noncontroversial.

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 625, by Senator Montgomery, Senate Print 6713, 6 an act relating to the establishment of a 7 pilot program. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 SENATOR YOUNG: Lay it aside, 11 please. 12 ACTING PRESIDENT VALESKY: The 13 bill is laid aside. 14 THE SECRETARY: Calendar Number 15 651, by Senator Dilan, Senate Print 7615, an 16 act to amend the Canal Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 656, by Senator Klein, Senate Print 2992B, an 4 act to amend the Education Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect 18 months after it shall 9 have become law. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT VALESKY: 14 Announce the results. 15 THE SECRETARY: In relation to 16 Calendar Number 656, those Senators to be 17 recorded in the negative: Senators 18 DeFrancisco, Farley, Hannon, L. Krueger, 19 C. Kruger, Larkin, Marcellino, Ranzenhofer and 20 Skelos. Also Senator Leibell. 21 Ayes, 48. Nays, 10. 22 ACTING PRESIDENT VALESKY: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 661, by Member of the Assembly Gordon,

Candyco Transcription Service, Inc. 1 Assembly Print Number 10448, an act to amend 2 Jonathan's Law. 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, 58. 11 ACTING PRESIDENT VALESKY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 675, by Senator Stavisky, Senate Print 1745A, 15 an act to amend the -- 16 SENATOR LIBOUS: Lay it aside. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside. 19 THE SECRETARY: Calendar Number 20 691, by Senator Sampson, Senate Print 5807B -- 21 SENATOR VOLKER: Lay it aside. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 692, by Senator Sampson, Senate Print 5968A --

Candyco Transcription Service, Inc. 1 SENATOR VOLKER: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 695, by Senator Adams, Senate Print 7275B, an 6 act to amend the Executive Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 30th day. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 ACTING PRESIDENT VALESKY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 726, by Member of the Assembly Weinstein, 19 Assembly Print -- 20 SENATOR LaVALLE: Lay it aside, 21 please. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside. 24 THE SECRETARY: Calendar Number 25 728, by Senator Addabbo --

Candyco Transcription Service, Inc. 1 SENATOR VOLKER: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 734, by Senator Little, Senate Print 5868, an 6 act to amend the Real Property Tax Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of January 11 next succeeding. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, if 20 we can return to Calendar Number 728, Senate 21 Print Number 7744, Senator Addabbo's bill, I'd 22 like to lay the bill aside for the day. 23 ACTING PRESIDENT VALESKY: 24 Calendar Number 728 will be laid aside for the 25 day.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 749, by Senator Breslin, Senate Print 4869B, 5 an act to amend the Insurance Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on January 1, 2011. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT VALESKY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 750, by Senator Hassell-Thompson, Senate Print 18 5864A, an act to amend the Insurance Law. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 5. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Seward, to explain his vote. 3 SENATOR SEWARD: Mr. President, 4 this is Calendar Number 750? 5 ACTING PRESIDENT VALESKY: 6 Calendar 750, yes. 7 SENATOR SEWARD: Mr. President, 8 I'm going to be supporting this legislation, 9 although I do not consider it a perfect bill 10 by any stretch of the imagination. 11 It's unclear in the language of the 12 bill whether or not if a patient does not have 13 a prescription drug rider whether this 14 provides the requirement that the plan pay for 15 these drugs. 16 And also there are no provisions in 17 the bill to cover safety protocols to minimize 18 dosage errors and other adverse reactions and 19 interactions in terms of other drugs. 20 It's not a perfect bill, but I do 21 believe that it is a big step forward to 22 provide that option of oral treatment of 23 cancer through drug therapy versus always 24 relying on IVs. So I think in that respect, 25 overall it's a good direction to go, although

Candyco Transcription Service, Inc. 1 not a perfect bill. But I do vote aye. 2 ACTING PRESIDENT VALESKY: 3 Senator Seward to be recorded in the 4 affirmative. 5 Senator Craig Johnson, to explain 6 his vote. 7 SENATOR CRAIG JOHNSON: Thank you 8 very much, Mr. President. 9 I too want to rise in support of 10 this bill and thank the sponsor, Senator 11 Hassell-Thompson, for her sponsorship. As a 12 son who lost a mother to breast cancer and two 13 grandparents to cancer, I know full well the 14 battles that women and men go through in 15 dealing with chemotherapy. 16 And anything that we can do in the 17 State Legislature to help provide insurance 18 coverage to those who need to get the 19 necessary treatment -- and especially in 20 today's age where chemotherapy drugs -- and 21 we're seeing such tremendous advancement in 22 these drugs, and now with oral chemotherapy 23 drugs in addition to the IVs. 24 This is a good bill. Like Senator 25 Seward said, it's a first step, but it's an

Candyco Transcription Service, Inc. 1 important step. And I'll be voting in the 2 affirmative. And again, I thank the Senate 3 sponsorship for her sponsorship of this 4 important piece of legislation. I'll be 5 voting aye. 6 Thank you, Mr. President. 7 ACTING PRESIDENT VALESKY: 8 Senator C. Johnson to be recorded in the 9 affirmative. 10 Senator Hassell-Thompson, to 11 explain her vote. 12 SENATOR HASSELL-THOMPSON: Thank 13 you, Mr. President. 14 And I thank you, Senator Craig 15 Johnson, for your words of encouragement. 16 This bill has meant a lot to a lot of people. 17 And originally when the bill first 18 came to my attention, the person who asked me 19 to carry this bill and to really try to build 20 on this had no idea that this was something 21 that was personal to me as well, having lost a 22 sister to breast cancer and who has 23 participated in the walks and just the week 24 before last participated in the Relay for 25 Life.

Candyco Transcription Service, Inc. 1 What this bill does is to ensure 2 that with the extreme costs of oral medication 3 that we do not make it so difficult and 4 impossible to access for so many women -- and 5 men who suffer from breast cancer as well -- 6 could not possibly be able to be treated. 7 So I thank all of you for your 8 support, and I will hope that there would be 9 no reason, no condition that would allow you 10 to vote no on this very important piece of 11 legislation to the Senate. 12 Thank you. 13 ACTING PRESIDENT VALESKY: 14 Senator Hassell-Thompson to be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 755, by Senator Breslin, Senate Print 7773A, 22 an act to amend the Insurance Law. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 757, by Senator Squadron, Senate Print 7977, 10 an act to amend the Insurance Law. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT VALESKY: 19 Senator Seward, to explain his vote. 20 SENATOR SEWARD: Thank you, 21 Mr. President. 22 I'll be voting in the negative on 23 this particular bill. Not because I do not 24 feel that this testing is not appropriate or 25 necessary for many people, but I believe that

Candyco Transcription Service, Inc. 1 once again we are moving forward with a new 2 mandate on health insurance policies in 3 New York without having the benefit of having 4 a cost-benefit analysis conducted by our 5 mandate commission. 6 So therefore, on that basis, I'll 7 be voting in the negative. 8 ACTING PRESIDENT VALESKY: 9 Senator Seward to be recorded in the negative. 10 Announce the results. 11 THE SECRETARY: Ayes, 59. Nays, 12 1. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 786, by Member of the Assembly Gunther, 17 Assembly Print Number 9768, an act to amend 18 the Town Law. 19 ACTING PRESIDENT VALESKY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT VALESKY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 787, by Member of the Assembly -- 6 SENATOR LaVALLE: Lay it aside. 7 ACTING PRESIDENT VALESKY: The 8 bill is laid aside. 9 THE SECRETARY: Calendar Number 10 864, by Member of the Assembly Sweeney, 11 Assembly Print Number 8560B, an act to amend 12 the Environmental Conservation Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 868, by Senator Duane, Senate Print 7724, an 25 act to amend the Public Health Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 SENATOR LANZA: Lay it aside. 9 ACTING PRESIDENT VALESKY: The 10 roll call is withdrawn and the bill is laid 11 aside. 12 THE SECRETARY: Calendar Number 13 872, by Senator Oppenheimer, Senate Print 14 7982A, an act to authorize. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 3. 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, 60. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 880, by Member of the Assembly Alessi, 2 Assembly Print Number 10973A, an act to amend 3 the Social Services Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 885, by Senator Stachowski, Senate Print 7048, 16 an act to amend the Public Authorities Law. 17 ACTING PRESIDENT VALESKY: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT VALESKY: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 894, by Senator Foley, Senate Print 3727B, an 4 act to amend the Banking Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 45. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 895, by Senator Foley, Senate Print 7446, an 17 act to amend the Banking Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 28. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 909, by Senator C. Johnson, Senate Print 5 5798A, an act to authorize the County of 6 Nassau. 7 ACTING PRESIDENT VALESKY: There 8 is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 913, by Member of the Assembly Destito, 20 Assembly Print Number 9979, an act to 21 authorize the Greater Utica Community Food 22 Resources. 23 ACTING PRESIDENT VALESKY: Read 24 the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect immediately. 2 ACTING PRESIDENT VALESKY: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT VALESKY: 6 Announce the results. 7 THE SECRETARY: In relation to 8 Calendar Number 913, those Senators to be 9 recorded in the negative: Senators Bonacic 10 and Larkin. 11 Ayes, 58. Nays, 2. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 923, by Senator Valesky, Senate Print 7815A, 16 an act to legalize, validate, ratify and 17 confirm. 18 ACTING PRESIDENT VALESKY: There 19 is a home-rule message at the desk. 20 Read the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT VALESKY: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Announce the results. 3 THE SECRETARY: In relation to 4 Calendar Number 923, those Senators to be 5 recorded in the negative: Senator Lanza. 6 Ayes, 59. Nays, 1. 7 ACTING PRESIDENT VALESKY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 924, by Member of the Assembly Reilly, 11 Assembly Print Number 11023, an act to amend 12 the Town Law. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 925, by -- 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 927, by Senator Stewart-Cousins, Senate Print 6 7907, an act to amend the General Municipal 7 Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT VALESKY: 16 Announce the results. 17 THE SECRETARY: In relation to 18 Calendar Number 927, those Senators to be 19 recorded in the negative: Senators 20 DeFrancisco, O. Johnson, Padavan, Skelos, 21 Volker and Winner. Also Senator Flanagan. 22 Ayes, 53. Nays, 7. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 928, by Member of the Assembly Quinn, Assembly 2 Print Number 11136, an act to amend the Town 3 Law. 4 ACTING PRESIDENT VALESKY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 932, by Member of the Assembly Schimminger, 16 Assembly Print Number 9047A, an act to amend 17 the Public Authorities Law. 18 ACTING PRESIDENT VALESKY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT VALESKY: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 933, by Member of the Assembly Kolb, Assembly 5 Print Number 9466A, an act to amend the Public 6 Authorities Law. 7 ACTING PRESIDENT VALESKY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT VALESKY: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT VALESKY: 15 Announce the results. 16 THE SECRETARY: In relation to 17 Calendar Number 933, those Senators to be 18 recorded in the negative: Senator Lanza. 19 Ayes, 59. Nays, 1. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 934, by Senator Aubertine, Senate Print 7870, 24 an act to amend the Public Authorities Law. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 935, by Senator Serrano, Senate Print 7985, an 12 act to amend Chapter 899 of the Laws of 1984. 13 ACTING PRESIDENT VALESKY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT VALESKY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 941, by Senator Stavisky, Senate Print 3926A, 25 an act to amend the Agriculture and Markets

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 60. 10 ACTING PRESIDENT VALESKY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 949, by Senator Addabbo, Senate Print 6750B, 14 an act to amend the Penal Law. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of November 19 next succeeding. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 60. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 951, by Member of the Assembly Pheffer, 3 Assembly Print Number 10000A, an act to amend 4 the General Business Law and the Vehicle and 5 Traffic Law. 6 ACTING PRESIDENT VALESKY: Read 7 the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT VALESKY: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT VALESKY: 14 Announce the results. 15 THE SECRETARY: In relation to 16 Calendar Number 951, those Senators to be 17 recorded in the negative: Senators 18 DeFrancisco, Flanagan, O. Johnson, Lanza, 19 Larkin and Ranzenhofer. 20 Ayes, 54. Nays, 6. 21 ACTING PRESIDENT VALESKY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 968, by Senator Foley, Senate Print 6912A, an 25 act to amend the Energy Law.

Candyco Transcription Service, Inc. 1 SENATOR LaVALLE: Lay it aside. 2 ACTING PRESIDENT VALESKY: The 3 bill is laid aside. 4 THE SECRETARY: Calendar Number 5 979, by Senator Stavisky, Senate Print 5680A, 6 an act to amend the Executive Law and the 7 Penal Law. 8 ACTING PRESIDENT VALESKY: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 60. 16 ACTING PRESIDENT VALESKY: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 983, by Senator Schneiderman -- 20 SENATOR KLEIN: Lay the bill 21 aside for the day, please. 22 ACTING PRESIDENT VALESKY: The 23 bill is laid aside for the day. 24 Senator Klein, that completes the 25 reading of the noncontroversial calendar.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, I 3 just want to briefly go over the schedule. 4 We're going to now stand at ease 5 for 45 minutes while the minority conferences 6 the Rules agenda. When we come back, we'll 7 take up the controversial active list and then 8 have a Rules Committee meeting. 9 So, Mr. President, may we please 10 stand at ease. 11 ACTING PRESIDENT VALESKY: The 12 Senate will stand at ease for approximately 13 45 minutes. 14 (Whereupon, the Senate stood at 15 ease at 2:20 p.m.) 16 (Whereupon, the Senate reconvened 17 at 4:32 p.m.) 18 ACTING PRESIDENT VALESKY: The 19 Senate will please come to order. 20 Senator Johnson. 21 SENATOR CRAIG JOHNSON: Mr. 22 President, can we turn back to motions and 23 resolutions, please. 24 ACTING PRESIDENT VALESKY: 25 Returning to motions and resolutions, Senator

Candyco Transcription Service, Inc. 1 Johnson. 2 SENATOR CRAIG JOHNSON: Thank 3 you. 4 On behalf of Senator Onorato, 5 Mr. President, on page 29 I offer the 6 following amendments to Calendar Number 782, 7 Senate Print Number 5847C, and ask that said 8 bill retain its place on Third Reading 9 Calendar. 10 ACTING PRESIDENT VALESKY: So 11 ordered. 12 Senator Johnson. 13 SENATOR CRAIG JOHNSON: Mr. 14 President, on behalf of Senator Breslin, on 15 page 15 I offer the following amendments to 16 Calendar Number 376, Senate Print Number 17 5203A, and ask that said bill retain its place 18 on the Third Reading Calendar. 19 ACTING PRESIDENT VALESKY: So 20 ordered. 21 Senator Johnson. 22 SENATOR CRAIG JOHNSON: Mr. 23 President, on behalf of Senator Foley, on 24 page number 42 I offer the following 25 amendments to Calendar Number 1021, Senate

Candyco Transcription Service, Inc. 1 Print Number 7263, and ask that said bill 2 retain its place on Third Reading Calendar. 3 ACTING PRESIDENT VALESKY: So 4 ordered. 5 SENATOR CRAIG JOHNSON: And, 6 Mr. President, on behalf of Senator Stavisky, 7 on page number 7 I offer the following 8 amendments to Calendar Number 139, Senate 9 Print Number 1538C, and ask that said bill 10 retain its place on Third Reading Calendar. 11 ACTING PRESIDENT VALESKY: So 12 ordered. 13 Senator Flanagan. 14 SENATOR FLANAGAN: Mr. President, 15 on page number 25 I offer the following 16 amendments to Calendar Number 653, Senate 17 Print 7700B, and ask that said bill retain its 18 place on Third Reading Calendar. 19 ACTING PRESIDENT VALESKY: So 20 ordered. 21 Senator Craig Johnson. 22 SENATOR CRAIG JOHNSON: Mr. 23 President, at this time can we please move to 24 a reading of the controversial calendar. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 Secretary will proceed with the reading of the 2 controversial calendar by ringing the bells. 3 I ask all Senators to come to the 4 chamber. There are a number of bills on the 5 controversial calendar, beginning with 6 Calendar Number 610, Senator Breslin's bill. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 610, by Senator Breslin, Senate Print 396A, an 10 act to amend the Vehicle and Traffic Law. 11 ACTING PRESIDENT VALESKY: Are 12 there any Senators who wish to be heard on the 13 bill? 14 SENATOR FLANAGAN: Explanation. 15 ACTING PRESIDENT VALESKY: 16 Senator Breslin, an explanation has been 17 requested by Senator Flanagan. 18 SENATOR BRESLIN: Thank you, 19 Mr. President. 20 This is a parking permit bill for 21 areas in and around the State Capitol of 22 Albany. And I believe that this is the 14th 23 year that I've carried this bill, and the 24 first time I've had the opportunity speak on 25 it.

Candyco Transcription Service, Inc. 1 It's a bill that encompasses 2 three-quarters of a mile. It's a pilot 3 program that will last for two years. And it 4 will be determined by the Common Council of 5 Albany on how it will be implemented. And in 6 that three-quarters of a mile, there's 7 approximately 9,000 parking spots. And only 8 2,750 will be available for this parking 9 permit. 10 And there will be stickers, 11 probably, on cars that are residents of 12 houses. It has nothing to do with commercial 13 areas. And these residents will now be able 14 to bring their kids to school and go shopping 15 and come back and have a parking spot, and it 16 will enhance and increase the quality of life 17 for those folks. 18 It won't -- incidentally, people 19 from outside the neighborhoods can go in and 20 for a 90-minute period can park in those same 21 spots, so those 2750 spots won't be 22 exclusively for residential. 23 As I said, it's three-quarters of a 24 mile. The old bills were a mile. It's a 25 two-year sunset. And over these 14 years,

Candyco Transcription Service, Inc. 1 we've had a number of garages that have been 2 built, far in excess -- the capacity far in 3 excess of the 2,750 spots allocated. And I 4 might add, over my 14 years, there's been -- I 5 think there's about 17 similar parking-permit 6 bills across the state, many of them sponsored 7 by members of the Minority Conference when 8 they were in the majority, and I in fact 9 supported every one of them. 10 And finally, I might add, in every 11 capital in the Northeast and in every state 12 that surrounds New York State there are 13 parking permit systems around that capitol to 14 do the same thing, to make sure that the 15 residents of this great capital city of Albany 16 have a quality of life that they deserve. 17 And that completes the explanation. 18 Thank you, Mr. President. I'd be glad to 19 answer any questions. 20 ACTING PRESIDENT VALESKY: 21 Senator Bonacic. 22 SENATOR BONACIC: Senator 23 Breslin, just a couple of quick questions, if 24 you would yield. 25 ACTING PRESIDENT VALESKY: Senat

Candyco Transcription Service, Inc. 1 or Breslin, do you yield? 2 SENATOR BRESLIN: Yes, certainly. 3 ACTING PRESIDENT VALESKY: The 4 sponsor yields. 5 SENATOR BONACIC: Will the 6 residential permit also apply to a secondary 7 homeowner or just primary? 8 SENATOR BRESLIN: A secondary -- 9 would that be a renter, you're saying? 10 SENATOR BONACIC: No, no. Like 11 any homeowner. Like maybe some members have a 12 condominium there. 13 SENATOR BRESLIN: Oh, I'm sure it 14 will exclude all members. I'm not saying 15 that. That would be up to -- because that's a 16 specific detail. We're restricting it to the 17 2,750 parking spots, residential only, no 18 parking spots adjacent to commercial places. 19 That would be up to the city, 20 though, to decide about secondary owners and 21 absentee landlords, things like that. 22 SENATOR BONACIC: Okay. Would 23 you yield to another question? 24 SENATOR BRESLIN: Certainly, 25 Senator Bonacic.

Candyco Transcription Service, Inc. 1 SENATOR BONACIC: Would renters 2 be able to get a residential permit if we 3 lease a home? 4 SENATOR BRESLIN: On that, the 5 City Council -- I can't speak for them. The 6 City Council would know what's available to 7 them. And I would assume they would probably 8 go on a priority to owners and then renters, 9 but that hasn't been decided. And it's not my 10 decision. 11 SENATOR BONACIC: Thank you, 12 senator Breslin. 13 SENATOR BRESLIN: Thank you, 14 Senator Bonacic. 15 ACTING PRESIDENT VALESKY: Thank 16 you, Senator Bonacic. 17 Are there any other Senators who 18 wish to be heard? 19 Seeing none, the debate is closed. 20 The Secretary will ring the bells. 21 Senator Volker, why do you rise? 22 SENATOR VOLKER: Mr. President, 23 I'd like to remove the star from Senate Bill 24 7170B, Calendar Number 344, which is on page 25 43.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: The 2 star will be removed on Calendar Number 344. 3 SENATOR VOLKER: Thank you. 4 ACTING PRESIDENT VALESKY: There 5 is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT VALESKY: 13 Announce the results. 14 THE SECRETARY: In relation to 15 Calendar Number 610, those Senators recorded 16 in the negative: Senators Alesi, Bonacic, 17 DeFrancisco, Farley, Flanagan, Fuschillo, 18 Golden, Griffo, Hannon, O. Johnson, Lanza, 19 Larkin, LaValle, Leibell, Libous, Little, 20 Marcellino, Maziarz, McDonald, Nozzolio, 21 Padavan, Ranzenhofer, Robach, Saland, Seward, 22 Skelos, Volker, Winner and Young. 23 Ayes, 32. Nays, 29. 24 ACTING PRESIDENT VALESKY: The 25 bill is passed.

Candyco Transcription Service, Inc. 1 The Secretary will continue to 2 read. 3 THE SECRETARY: Calendar Number 4 617, by Senator Montgomery, Senate Print 5 6709C, an act to amend the Family Court Act. 6 ACTING PRESIDENT VALESKY: 7 Senator Young. 8 SENATOR YOUNG: Thank you, 9 Mr. President. On the bill. 10 ACTING PRESIDENT VALESKY: 11 Senator Young, on the bill. 12 SENATOR YOUNG: Could I have some 13 order in the chamber, please. 14 ACTING PRESIDENT VALESKY: Yes. 15 Can we please keep the noise down, 16 please. 17 SENATOR YOUNG: Last year, on 18 June 8th, Renee Greco was afraid to go to 19 work. She was 24 years old. She worked in a 20 youth home for troubled juveniles. And she 21 had made up her mind that very day, she told 22 her best friend Jocelyn that she was going to 23 quit her job, she was going to give her two 24 weeks' notice. 25 You see, Renee wanted to help

Candyco Transcription Service, Inc. 1 troubled youth. She wanted to make a 2 difference. She needed the job. She needed 3 the health insurance. But she had become so 4 scared of the residents that she felt like she 5 had to quit. 6 So she went to work that day, and 7 she had told her friend Jocelyn there was one 8 resident who she was really, really scared of. 9 His name was Anthony Allen, 19 years old. He 10 actually had threatened to hit her several 11 times. He had tried to push her down the 12 stairs. And she didn't know how to deal with 13 him. He was arrogant, he was disobedient, he 14 didn't want to listen, and he had a real 15 problem with female staff members especially. 16 The day before Renee went to work 17 at that group home -- it was called the Avenue 18 House, in Lockport -- there had been a robbery 19 in a lockbox and $160 had been stolen. And 20 the staff on the previous shift had told the 21 residents that they were going to find out who 22 took the money. 23 So Renee goes to work, she's 24 sitting at the table with some of the other 25 youth in the home -- by the way, there were

Candyco Transcription Service, Inc. 1 five in the home at the time. She was there 2 by herself, 24 years old. So she's playing 3 cards at the table. Anthony Allen and Robert 4 Thousand, who was 17 at the time, came up 5 behind Renee, threw a blanket over her head, 6 and bludgeoned her to death. They fled the 7 scene, they took one of the vans at the 8 residence, and they were found by police near 9 the bus station. 10 Anthony Allen never, ever should 11 have been in that residence alone with a 12 24-year-old female worker. He had been in and 13 out of the system time and time again. And 14 every time they put him in the community, he 15 failed. He stalked somebody, he beat 16 somebody, he was very violent. He had a 17 history of psychiatric problems while he was 18 in state-operated facilities. He had a real 19 problem with female authority figures. 20 Yet the administration at the 21 Office of Children and Family Services pushed 22 him out the door, put him in that setting 23 where he could victimize somebody, where he 24 could brutally beat somebody to death. 25 It's ironic that this legislation

Candyco Transcription Service, Inc. 1 is being brought up today, because the 2 accomplice in this case, Robert Thousand, who 3 was 17 at the time last year, just pled guilty 4 today to first-degree manslaughter, and he is 5 going to testify against Anthony Allen. 6 I bring up this case because since 7 Gladys Carrion became the commissioner of 8 OCFS, the system of juvenile justice in this 9 state has been turned on its head. The usual 10 stay used to be, for a juvenile in a 11 state-operated facility, was 18 months. And 12 the staff will tell you during that 18-month 13 period they felt like in many cases they can 14 make progress with these juveniles. 15 Now, under the commissioner's 16 direction, the average stay is six months. 17 They're being pushed out the door into 18 facilities like the one where Renee worked, 19 where they are not equipped to be able to 20 handle this level of youth. 21 You know, the New York City law 22 department says that 84 percent of the youth 23 who are placed in our juvenile system, in our 24 state-operated facilities, have a history of 25 violence. They've been involved in assaults,

Candyco Transcription Service, Inc. 1 gangs, drive-by shootings, stabbings, the list 2 goes on and on and on. 3 And Renee's case is far from being 4 unusual. Because since the commissioner has 5 been pushing dangerous youth out onto the 6 streets, we've had case after case after case 7 in this state of violence. 8 Senator Robach will tell you about 9 Officer Anthony DiPonzio, who was shot in the 10 back of the head in Rochester last year, 11 23 years old. And a 14-year-old who he had 12 just spoken to on the street turned around, he 13 turned around, Officer DiPonzio was walking 14 away, the kid pulls out a gun and shoots him 15 in the back of the head. He is lucky to be 16 alive. Unfortunately, he will never be the 17 same time again, because he had a severe brain 18 injury. A 23-year-old police officer shot in 19 the back of the head. 20 You know, I get calls all the time 21 about youth who are let out of our facilities 22 early, because people tell me about what 23 happens. We had a youth arrested for shooting 24 a shooting in Middletown, New York. A 25 recently released youth was involved in a

Candyco Transcription Service, Inc. 1 shooting in Auburn. On June 29th of last 2 year, a youth discharged from a home in 3 New York City was arrested for murder. 4 November 18, 2009, youth found dead, and that 5 was in New York City also. Social worker 6 killed by a youth on December 13, 2009. 7 January 2, 2010, resident stabs his friend, 8 was in a youth facility and then released. 9 The list goes on and on and on. 10 So basically what's happening now 11 because of the changes at OCFS, our state 12 facilities are in total chaos. And I know my 13 colleagues on the other side of the aisle have 14 said they are concerned about workplace 15 violence. If you're really concerned about 16 it, take a look at what is really happening at 17 our state-operated facilities. They are out 18 of control. 19 The commissioner has taken away the 20 ability of the staff to be in charge of the 21 facilities. The juveniles inside know that 22 there aren't any consequences for their 23 behavior. Our staff are getting beaten, 24 assaulted, their noses broken, their ribs 25 cracked all the time, because they cannot do

Candyco Transcription Service, Inc. 1 their jobs properly because of the changes 2 that the commissioner has made. 3 We don't have the training, we 4 don't have the structure that they need. And 5 just to tell you how serious this is, injuries 6 by violent assaults in our juvenile facilities 7 in this state went up 33 percent last year. 8 Our juvenile justice system is the most 9 dangerous place to work in state agencies in 10 New York. 11 And what's happening is these youth 12 are being placed out in the community even 13 though they're dangerous, even though they're 14 beating our own staff, so that they can prey 15 on victims who are innocent like Renee Greco. 16 It's wrong. 17 You know, this bill codifies all of 18 the mistakes being made by the Office of 19 Children and Family Services right now. 20 Basically, what it does, it drastically 21 reduces judicial discretion by prohibiting 22 placements to OCFS state-operated facilities 23 for all young offenders except for those 24 convicted of violent felony and sex offenses 25 or those who are found by the court to pose a

Candyco Transcription Service, Inc. 1 significant risk to public safety and no 2 less-restrictive alternative is available. 3 So in other words, young criminals 4 who have committed violent offenses but 5 pleaded down to a nonviolent offense would 6 likely not be placed in a state-operated 7 facility which is more secure. Young 8 criminals who have had multiple run-ins with 9 the law and have been repeatedly placed in 10 various community-based and private 11 residential programs would not likely be 12 placed in OCFS. Young criminals who might be 13 best served by the comprehensive services that 14 we have would not likely get that opportunity. 15 So what you're doing is a real 16 disservice to these troubled youth, because 17 right now they're not getting the services 18 they need. 19 You know, if we were serious about 20 helping them, if we were serious, we would 21 have more mental health services in our 22 facilities, we would have better staff 23 training, we would have a better focus on 24 education. That's not happening. It's not 25 happening, and in itself is a crime. The law

Candyco Transcription Service, Inc. 1 in place already requires the court to order 2 the least restrictive placement. It's already 3 in place. Family Court judges are familiar 4 with the history and needs of many of the 5 youth, because they've already been in their 6 courts. Their judgment should not be impeded 7 by this legislation. 8 I would urge my colleagues to vote 9 no on this bill. We need to go back and start 10 over. 11 Actually, there was a commission, 12 there was a committee on juvenile justice 13 reform, and they had some very positive 14 recommendations that I think we should look at 15 before we move ahead on this bill. They said 16 to fund and provide services, including 17 education and mental health treatment, which 18 prepares youth for release. They said design, 19 implement and invest in a coordinated 20 continuum of facility-based services and 21 programs that address the full range of each 22 youth's needs. Provide high-quality education 23 within the facilities that provides success in 24 the future. 25 There's a lot that we can be doing,

Candyco Transcription Service, Inc. 1 but this is the wrong direction. And I say to 2 you if you pass this and this becomes law, 3 you're going to see more victims like Renee 4 Greco. In the future I want you to think 5 about this. Every time you hear on the TV or 6 the radio or read in the newspaper about a 7 juvenile who does a violent crime, I want you 8 to wonder to yourselves, did that person get 9 the help that they needed? Was I partially 10 responsible for them committing that crime 11 because I put them out in the community, out 12 on the streets, instead of getting them 13 somewhere secure where they could get mental 14 health, education, and the other services that 15 they need? I want you to really think about 16 that, because that's a reality. That's a 17 reality. 18 So I plead to you today, don't pass 19 this bill. Because we are going to have, as a 20 result, more Renee Grecos. You know, right 21 after she was killed, Renee's mom said to the 22 police, "I just want to hold Renee's hand one 23 more time." And the police said no. Renee 24 was beaten so badly, beyond recognition, that 25 the police wanted her mom to remember her the

Candyco Transcription Service, Inc. 1 way that she was. Please vote no on this 2 legislation. 3 ACTING PRESIDENT VALESKY: Thank 4 you, Senator Young. 5 Senator Montgomery. 6 SENATOR MONTGOMERY: Yes, 7 Mr. President. I rise to respond to a couple 8 of issues raised by my colleague Senator 9 Young. I certainly appreciate her interest in 10 us having more support in facilities for young 11 people. Yes, I agree, we do need more 12 psychiatric treatment and substance abuse 13 treatment and educational support and so forth 14 and so on. 15 But I would just like to inform my 16 colleagues that the issues around the 17 unfortunate, the very sad event with Renee 18 Greco has nothing, absolutely nothing to do 19 with this bill. So I don't know why she 20 raises that and stands up and spends a half 21 hour on that, knowing that that's not what 22 this bill is about. So I reject that. 23 The other thing that I want to say 24 is that the evidence is that at least half or 25 more of the young people who find themselves

Candyco Transcription Service, Inc. 1 in the OCFS facilities are nonviolent youth. 2 So I want to just correct that statistic that 3 Senator Young has projected here. 4 And the fact of the matter is this 5 bill does not include the violent juveniles 6 that she talks about. So she is using 7 information, some of the information is not 8 even correct, and she's using an incident to 9 support her position -- and certainly I 10 respect your position, you do not want to see 11 young people diverted from the system. 12 And certainly I understand why, 13 because diverting young people from the system 14 will cause districts like yours to lose 15 facilities, because there won't be enough 16 young people, they will be kept in their 17 communities. That's what the purpose of the 18 legislation is. 19 And it's certainly not for violent 20 juveniles. That is not -- the bill 21 specifically excludes those young people. 22 And I want to say right here and 23 now that this legislation is a result of a 24 recommendation that was made by the task force 25 established by the Governor, and it is

Candyco Transcription Service, Inc. 1 specifically in line with our attempt in the 2 state to reform the juvenile justice system. 3 And it is a reform movement that is led by 4 Commissioner Gladys Carrion, in whom I am 5 extremely proud and pleased that she has taken 6 this very difficult task on and made it her 7 mission to see how far we can go in this 8 particular session to reform and change how we 9 treat young people in our system. 10 And so I take offense to the fact 11 that you have continually called for her 12 resignation. I hope that she certainly 13 doesn't listen to Senator Young on that issue. 14 Now Mr. Chair, Mr. President, I 15 hope that my colleagues will certainly embrace 16 this legislation, because this is one of the 17 pieces of what we have been trying to propose 18 to make sure that our system, the way that we 19 treat juveniles, begins with allowing the 20 judge who is making the determination for 21 placement of young people to have -- to 22 consider the possibility of placing them as an 23 alternative to detention and placement in 24 their communities and allowing those of us -- 25 especially those of us in the city, because

Candyco Transcription Service, Inc. 1 that's where most of the children come from. 2 I daresay there are no more than 3 two children or three from Senator Young's 4 district that end up in any one of these 5 facilities. The majority of them come from 6 districts like mine: Brooklyn, Queens, Staten 7 Island, Manhattan and the Bronx. 8 So we would like to be able to keep 9 as many of those young people as possible, the 10 nonviolent youth, in their communities so that 11 we can give them a better chance to change 12 their behavior, to change the trajectory of 13 their lives, and to hopefully become 14 productive citizens as they grow into 15 adulthood. 16 So that's all we're asking with 17 this bill, and it has nothing to do with what 18 happened to Renee Greco. So I'm very sorry 19 about what happened to that young lady. She 20 lost her life tragically. But I reiterate, it 21 was not, it had nothing to do with this 22 legislation. 23 So if anyone feels that they are 24 going to vote based on Senator Young's 25 presentation of what this bill does, she has

Candyco Transcription Service, Inc. 1 presented it totally, totally inappropriately 2 as being related to the tragedy of Renee Greco 3 in Lockport. 4 Mr. President, I urge my colleagues 5 to vote for this very, very important 6 legislation. Thank you. 7 ACTING PRESIDENT VALESKY: Thank 8 you, Senator Montgomery. 9 Senator Maziarz. 10 SENATOR MAZIARZ: Thank you very 11 much, Mr. President. 12 With all due respect to Senator 13 Montgomery, I have to agree with just about 14 everything that Senator Young said. This bill 15 is about placement of young juveniles. And I 16 also have to vehemently disagree with Senator 17 Montgomery's characterization of Commissioner 18 Carrion. I personally, Senator, with all due 19 respect to you, I think Commissioner Carrion 20 is a dangerous person in this state. 21 Renee Greco was murdered by two 22 individuals who never should have been in an 23 unsecure facility. Renee Greco was a single 24 individual, female individual in a home with 25 eight young males who at least four of the

Candyco Transcription Service, Inc. 1 eight had had very violent pasts. She didn't 2 even recognize that, she didn't know about 3 that, she had no knowledge of that. I think 4 the people who put her there from the agency 5 that they were referred, I think very few of 6 them knew the past of these individuals. 7 What this is really about, Senator, 8 is proper replacement. I think you want 9 proper placement. I think Senator Young wants 10 proper placement. But part of placing these 11 individuals in the proper setting is secure 12 facilities. These individuals should be in 13 secure facilities -- emphasizing security -- 14 not in a residential home in a residential 15 neighborhood. 16 And, Senator, I know you and I 17 often disagree with this in meetings of the 18 Judiciary Committee, but, you know, this isn't 19 about urban areas versus suburban areas. You 20 always talk about areas where -- I think you 21 call them receiving areas, where facilities 22 are located. I happen to represent very rural 23 and suburban areas, but I also represent part 24 of the city of Rochester, where, by the way, 25 both of those individuals, these two young

Candyco Transcription Service, Inc. 1 murderers, came from. 2 This bill is about placement. 3 Again, Senator, I think this is the wrong way 4 to go. It's the incorrect emphasis. More 5 emphasis should be placed on putting these 6 young, violent, very violent, potentially -- 7 well, in this instance two individuals who 8 killed an innocent little girl in a secure 9 facility, not in an unsecure facility. 10 Thank you, Mr. President. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Maziarz. 13 Senator Liz Krueger, on the bill. 14 Just a reminder for all Senators to 15 keep their comments focused on the legislation 16 at hand, which is Calendar Number 617. 17 Senator Krueger. 18 SENATOR LIZ KRUEGER: Thank you 19 very much, Mr. President. 20 I listened to my colleagues, and I 21 wonder whether they do know what bill we're 22 on. This is not a bill that has anything to 23 do with violent offenders. It doesn't have 24 anything to do with the specific commissioner 25 who may or may not be the commissioner of a

Candyco Transcription Service, Inc. 1 specific state agency. This is a bill to 2 ensure that children get the right placement. 3 It's a bill -- and it's part of a 4 package of bills, because there are three 5 bills that Senator Montgomery has brought to 6 us today, that are following the 7 recommendations of a very broad and 8 well-thought-out task force. These are bills 9 that are growing out issues raised by the U.S. 10 Department of Justice that our system for 11 juvenile detention is broken and that we need 12 to fix it. 13 So yes, there may be a horrible set 14 of stories. This, after all, is a reality of 15 children, some of whom are violent, and 16 children in a criminal justice-like system. 17 But the bill we are debating right now isn't a 18 bill that changes the criminal justice law or 19 statute, it doesn't take children out of 20 settings where it is appropriate for them to 21 be, but rather ensures that children get 22 placed in the correct setting for them, 23 alternatives to placement for nonviolent 24 children. 25 Again, this is not a story of

Candyco Transcription Service, Inc. 1 violence here. This is a bill speaking about 2 a relatively minor change in our system but 3 that can have the effect of giving young 4 people, through the right placement and the 5 right services, a future ahead of them, 6 decreasing the amount of money the state is 7 paying to have young people put in the wrong 8 placements, and -- 9 ACTING PRESIDENT VALESKY: 10 Senator Young, why do you rise? 11 SENATOR YOUNG: Senator Krueger, 12 would you yield to a question? 13 ACTING PRESIDENT VALESKY: 14 Senator Krueger, do you yield to a question? 15 SENATOR LIZ KRUEGER: Certainly, 16 Senator Young. 17 ACTING PRESIDENT VALESKY: 18 Senator Krueger yields. 19 SENATOR YOUNG: I was listening 20 to what you said, and I'd like to ask you, so 21 placement for someone like Anthony Allen -- 22 and we have a lot of Anthony Allens who are in 23 the criminal justice system, who had a history 24 of violence, assault, anger management 25 problems -- and you're saying somebody like

Candyco Transcription Service, Inc. 1 that is suitable for a setting like the one 2 Renee Greco was in, a community home with very 3 little supervision, very little staff 4 training? You're saying that's an appropriate 5 placement for that young person? You're 6 saying that's good? 7 SENATOR LIZ KRUEGER: Senator 8 Young, I was reading through the bill as you 9 were talking. Just to make clear, this bill 10 does not apply to youth adjudicated to have 11 committed a designated felony. And then it 12 gives a long list of the crimes that this bill 13 doesn't apply to. And of course you still 14 have judicial discretion. 15 But it doesn't -- this bill does 16 not apply to designated felonies including 17 first or second degree murder, manslaughter, 18 kidnapping, arson, assault, gang assault, 19 robbery, rape, armed burglary, assault during 20 burglary, criminal sex acts, aggravated sexual 21 assault, sexually motivated felony, possession 22 of firearm on school grounds, or possession of 23 a machine gun during a robbery. 24 So there are terrible things done 25 by young people, but this bill is not actually

Candyco Transcription Service, Inc. 1 attempting to change the current law about the 2 handling of children who have committed these 3 types of violent offenses. 4 SENATOR YOUNG: Will Senator 5 Krueger yield to another question? 6 ACTING PRESIDENT VALESKY: 7 Senator Krueger, do you continue to yield? 8 SENATOR LIZ KRUEGER: Yes, I do. 9 SENATOR YOUNG: Senator Krueger, 10 are you aware that a lot of violent felonies 11 for juveniles get pled down to misdemeanors? 12 For example -- and there are misdemeanors that 13 are very serious that you can get convicted 14 of. You just said it yourself, this bill only 15 applies to juveniles who are convicted of 16 felonies. Well, in a lot of cases -- 17 SENATOR LIZ KRUEGER: Nonviolent. 18 SENATOR YOUNG: In a lot of 19 cases, felonies get pled down to nonviolent 20 felonies, people get convicted of 21 misdemeanors -- you know, assault with a 22 deadly weapon, for example, some other kind of 23 assault -- and so they don't get the felony 24 conviction. And so basically what you might 25 force a judge to do, I guess, is either say if

Candyco Transcription Service, Inc. 1 somebody commits a serious crime like that, 2 they're going to have to charge and convict 3 them of a felony, or what you're saying is 4 that people who commit these very, very 5 serious crimes are just going to be 6 automatically put into a community setting 7 that is not equipped to deal with them. 8 Are you familiar that a lot of 9 these cases get pled down that way? 10 SENATOR LIZ KRUEGER: Yes. In 11 this bill, the discretion is left to the judge 12 even if they're not convicted of these violent 13 felonies. Under this bill, the judge still 14 has the discretion to use the actual basis of 15 the case, whatever the final pleading was, as 16 their criteria for whether or not the children 17 should or shouldn't be placed in the current 18 model of facilities, as you're describing, or 19 on alternative. 20 So we're not taking that discretion 21 away from the judges, and they still can 22 certainly make the determination that children 23 are not appropriate to be placed in the 24 community based on the evidence of the crime 25 regardless of the outcome.

Candyco Transcription Service, Inc. 1 So there's a double protection 2 there. One, this isn't a bill that applies 3 for committing designated felonies and being 4 found guilty. And second, the judge can still 5 use their discretion to place the young person 6 in a more restrictive facility based on the 7 facts of the case. 8 So I still believe that under this 9 law not only are we assuring that we are not 10 opening the door too broadly, but we are 11 continuing to follow the pattern of the state 12 recognizing that judges who have heard the 13 case, who have all of the information, who 14 have all the reports, can in fact make a more 15 restrictive placement. 16 ACTING PRESIDENT VALESKY: 17 Senator Young. 18 SENATOR YOUNG: Will Senator 19 Krueger yield to another question? 20 ACTING PRESIDENT VALESKY: 21 Senator Krueger, do you continue to yield? 22 SENATOR LIZ KRUEGER: I certainly 23 do. Thank you, Mr. President. 24 ACTING PRESIDENT VALESKY: The 25 Senator continues.

Candyco Transcription Service, Inc. 1 SENATOR YOUNG: You know, Senator 2 Krueger, I had a Family Court judge call me 3 yesterday about this legislation, and he was 4 angry. And he said, "Are you crazy? Are you 5 crazy for doing this?" He said, "You're tying 6 our hands. You're making it difficult for us 7 to be able to do appropriate placement of 8 dangerous juveniles who may have a history of 9 violence, who do have a history of violence." 10 And he just basically berated me 11 for doing this. And I said, "I am opposed to 12 this legislation, vehemently opposed, for all 13 the reasons that you've said." 14 My question to you, Senator 15 Krueger, is have you spoken to any Family 16 Court judges about the ramifications of this 17 bill? 18 SENATOR LIZ KRUEGER: Thank you. 19 Thank you very much for the question, Senator. 20 In fact, this bill is supported by 21 the Office of Court Administration, and there 22 are many memos from many organizations 23 supporting this. 24 And just to clarify -- and please, 25 go home and tell your Family Court judge --

Candyco Transcription Service, Inc. 1 there is nothing in this bill that takes away 2 their discretion. So there's nothing they 3 have to change if they choose to continue to 4 make the placements they have been making. 5 We're not taking discretion away from them. 6 And in fact what we are doing is outlining 7 scenarios where in nonviolent cases there are 8 alternative options, but not forcing those 9 alternative options. 10 So I don't see how your Family 11 Court judge thinks that this law is going to 12 affect their powers on the court to make the 13 right decision based on the community needs 14 and their knowledge of any specific case. 15 SENATOR YOUNG: I'll certainly 16 disagree, because I'll listen to my Family 17 Court judge. 18 But thank you, Senator Krueger. 19 SENATOR LIZ KRUEGER: Thank you. 20 ACTING PRESIDENT VALESKY: 21 Senator Perkins, on the legislation. 22 SENATOR PERKINS: Thank you very 23 much, Mr. President. May I ask, through you, 24 the sponsor a question or two? 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Montgomery, do you yield to a question 2 from Senator Perkins? 3 SENATOR MONTGOMERY: Yes. 4 ACTING PRESIDENT VALESKY: The 5 sponsor yields. 6 SENATOR PERKINS: Senator 7 Montgomery, there's obviously always a concern 8 about violence and violent youth and the 9 appropriate way to deal with them. Does your 10 bill call for the release of violent youth? 11 SENATOR MONTGOMERY: No, it does 12 not. 13 SENATOR PERKINS: Would you 14 explain more -- through you, Mr. President, 15 would you elaborate a little bit in terms of 16 exactly what youth we're talking about and 17 from that point of view? 18 SENATOR MONTGOMERY: Yes, through 19 you, Mr. President. The bill specifically 20 excludes youth who are adjudicated as 21 designated felonies. And Senator Krueger read 22 off a list of what is considered to be 23 designated felonies. 24 I think the other important aspect 25 of this legislation is that the judge retains

Candyco Transcription Service, Inc. 1 discretion. And there are several different 2 kinds of placements that the judge can make, 3 and it's up to the judge. There are currently 4 some assessment tools that judges are now 5 using. They have said to me that it's been 6 very helpful to have these assessment tools 7 and it helps them to make placements more 8 appropriate to the young person. 9 That's part of the legislation, 10 that the judge is requested to make the 11 appropriate placement based on the history or 12 the circumstances surrounding that young 13 person, their history and experience, whether 14 or not they pose a risk to the safety of the 15 community if they are not placed. And they 16 also, judges have a level of placement that 17 they can make from nonsecure to very highly 18 secure. 19 This bill simply adds to what the 20 judges already are able to do, alternative to 21 detention. And furthermore, it says that 22 unless there is a safety issue to the 23 community, unless it's totally inappropriate, 24 unless that young person has committed a 25 designated felony, that young person,

Candyco Transcription Service, Inc. 1 placement should -- the priority for placement 2 should be an alternative to detention and 3 placement, which costs the state $210,000 per 4 young person per year to place them in 5 detention in a facility that is far away from 6 their home. It is about nine hours between 7 Senator Young's district, for instance, and my 8 district in Brooklyn. 9 That we want not to be the priority 10 and the preference for the judge to do with 11 that young person if, if they do not have all 12 of the things that I mentioned: If they are 13 not posing a safety to the community, if it is 14 appropriate to place them in their community, 15 more appropriate than sending them far, far 16 away from home, if they have not committed a 17 violent designated felony. 18 If none of those are what is 19 exhibited by this young person in front of 20 them, we're asking them to place that young 21 person in an alternative to detention program 22 placement in their own communities. 23 ACTING PRESIDENT VALESKY: 24 Senator Perkins. 25 SENATOR PERKINS: Thank you.

Candyco Transcription Service, Inc. 1 Through you, Mr. President, may I ask the 2 sponsor another question. 3 ACTING PRESIDENT VALESKY: 4 Senator Montgomery, do you continue to yield? 5 SENATOR MONTGOMERY: Yes, I 6 continue. 7 ACTING PRESIDENT VALESKY: The 8 sponsor yields. 9 SENATOR PERKINS: The judges that 10 make these determinations, in other words, 11 decide that this is an individual that in 12 terms of this alternative to detention would 13 not pose a threat to the community and would 14 be returned more or less to the community from 15 which they come? Is that the gist of it? 16 SENATOR MONTGOMERY: The gist of 17 it is that the young person could be sentenced 18 to conditional discharge or probation and 19 alternative to placement in their communities. 20 They could remain on probation while being 21 allowed to stay in their communities. There's 22 a range of different mechanisms that the court 23 has, options that the court has for the type 24 of placement that the judge could require, 25 based on the availability and the needs of

Candyco Transcription Service, Inc. 1 that young person. So the best interest of 2 the young person is also part of this 3 legislation. 4 So actually the judge has a great 5 deal of latitude. What we are intending to do 6 with this is to just highlight and encourage 7 the judges who are making decisions on what to 8 do with a young person who is in front of 9 them. We're promoting their sentencing of 10 alternative to detention so that there is an 11 opportunity for that young person to be in 12 their own community while they receive a 13 therapeutic program that will help, assist to 14 help them change their behavior. 15 SENATOR PERKINS: Through you, 16 Mr. President, one final question for the 17 sponsor. 18 ACTING PRESIDENT VALESKY: 19 Senator Montgomery, do you continue to yield? 20 SENATOR MONTGOMERY: I do. 21 ACTING PRESIDENT VALESKY: The 22 sponsor continues. 23 SENATOR PERKINS: Just one final 24 question in terms of the net benefits to state 25 taxpayers. Is it assumed that this is a

Candyco Transcription Service, Inc. 1 significantly less costly approach to 2 rehabilitation and to addressing the young 3 person that is -- as opposed to being in a 4 regular facility? 5 SENATOR MONTGOMERY: Absolutely. 6 Through you, Mr. President, the average cost 7 of a placement in an alternative to detention, 8 alternative to placement program, is between 9 $5,000 and $15,000 to $20,000 per young 10 person. And that's with a full therapeutic 11 and appropriate program. 12 The cost to send a young person 13 into detention in a facility that is far, far 14 away from their community is approximately 15 $210,000 per young person. And for some parts 16 of the state -- i.e., counties like Nassau and 17 Suffolk -- it's even more, I've been told, 18 because of the high transportation costs 19 involved. 20 And mind you, these young people 21 are transported back and forth across the 22 state just so that they can have a court 23 appearance when it's required, frequently. So 24 that we're spending not only the $210,000 per 25 bed, but we are spending hundreds of thousands

Candyco Transcription Service, Inc. 1 of dollars just to transport those young 2 people back and forth across the state. 3 So there is an outrageously 4 irresponsible use of our resources. And the 5 City of New York now has a $15 million cost 6 associated with a facility upstate where there 7 are three or four children but there are 8 130-odd adults, because they have to maintain 9 the full operation of that facility as long as 10 they have one child there. 11 So this is really a very costly way 12 of doing a very bad program. It's costly to 13 the state. It does not help the young people. 14 And it really takes away the potential of so 15 many young people to actually change their 16 lives, improve their behavior, and become 17 positive and productive citizens. 18 So to your answer, yes, we 19 absolutely have to change this because it is a 20 very, very major cost to us. And we could be 21 spending those dollars on young people in 22 their communities and giving them a better 23 life choice and chance. 24 SENATOR PERKINS: On the bill. 25 ACTING PRESIDENT VALESKY:

Candyco Transcription Service, Inc. 1 Senator Perkins, on the bill. 2 SENATOR PERKINS: Thank you very 3 much, Mr. President. 4 And I want to thank the sponsor for 5 indulging the questions. 6 I'm obviously going to vote aye on 7 this. I think it's a very important piece of 8 reform legislation that not only benefits the 9 young people involved, and their families, 10 which have to suffer the traveling and the 11 other kinds of shortcomings when their child 12 is so far away, and when by the same token 13 there are opportunities that may be available 14 to them closer to home, alternatives to 15 detention that are less costly and provide 16 more opportunity for rehabilitation and 17 reentry into the community. 18 And so I think this is an important 19 piece of legislation, a visionary piece of 20 legislation in terms of the direction that we 21 should be going in this state and I daresay in 22 this country. And I look forward not only to 23 its passage and my colleagues joining in 24 voting for this, but also seeing it replicated 25 time and time again in various other ways in

Candyco Transcription Service, Inc. 1 our state and throughout the country. 2 Thank you. 3 ACTING PRESIDENT VALESKY: Thank 4 you, Senator Perkins. 5 Are there any other Senators who 6 wish to be heard? 7 Seeing none, the debate is closed. 8 The Secretary will ring the bells. 9 Oh, I'm sorry, Senator Golden. 10 SENATOR GOLDEN: Yes, I just have 11 one question for Senator Montgomery, if she 12 would yield. 13 ACTING PRESIDENT VALESKY: 14 Senator Montgomery, do you yield? 15 SENATOR MONTGOMERY: Yes. 16 ACTING PRESIDENT VALESKY: The 17 sponsor yields. 18 SENATOR GOLDEN: Through you, 19 Mr. President. Listening to Senator Krueger 20 list the number of felonies that the 21 individual would not be allowed to go to 22 least-restrictive setting, would that forbid 23 the judges from using their discretion if in 24 fact they believed that individual child 25 should be put into a more restrictive setting?

Candyco Transcription Service, Inc. 1 SENATOR MONTGOMERY: This bill 2 does not preclude the judge making that 3 decision. 4 SENATOR GOLDEN: Pardon me? 5 SENATOR MONTGOMERY: This bill 6 does not preclude the judge making a 7 decision -- through you, Mr. President -- for 8 placement at their discretion. 9 SENATOR GOLDEN: So in your 10 legislation here, the judges would not be 11 forced to go to least restrictive? The way I 12 read it, it says the judge -- the Family 13 Courts will go to least restrictive. 14 SENATOR MONTGOMERY: Mr. 15 President, it's my understanding that this is 16 required by federal law, that language. And 17 it's already in law. That's not new language 18 that we are imposing -- introducing, rather. 19 SENATOR GOLDEN: The last 20 question to Senator Montgomery, Mr. President. 21 ACTING PRESIDENT VALESKY: 22 Senator Montgomery -- 23 SENATOR MONTGOMERY: Yes. 24 ACTING PRESIDENT VALESKY: The 25 sponsor yields.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Do you believe 2 that the Anthony Allen that was placed in the 3 setting with those 11-to-14-year-old boys, do 4 you believe that that setting was okay for 5 Anthony Allen? 6 SENATOR MONTGOMERY: Could you 7 repeat that, Senator? I'm sorry, I -- 8 SENATOR GOLDEN: Do you believe 9 that Anthony Allen, the individual that was 10 responsible for killing that employee, 11 Ms. Greco, could and should have been placed 12 in that setting with the 11-to-14-year-old 13 boys in a community setting? 14 SENATOR MONTGOMERY: Through you, 15 Mr. President, I believe that in that case, in 16 that particular case, that young person was 17 actually in a program that was not directly 18 run by OCFS. Supervised by them, yes. And 19 this particular placement was in a step-down 20 facility, so that that young person was 21 theoretically being prepared to return to 22 their community. 23 I think that -- and I certainly, as 24 chair of the Committee on Children and 25 Families, have been in discussion with OCFS in

Candyco Transcription Service, Inc. 1 terms of what actually was happening in 2 that -- in the program. That is a voluntary 3 institution that was actually making the 4 decision for that young woman to be placed in 5 that facility alone with those young men. I 6 think that there are some issues around that, 7 certainly. But it does not have anything to 8 do with this particular legislation. 9 SENATOR GOLDEN: Through you, 10 Mr. President, my question to you, Senator 11 Montgomery, if you will continue to yield. 12 ACTING PRESIDENT VALESKY: 13 Senator Montgomery, do you continue to yield? 14 SENATOR MONTGOMERY: Sure. 15 ACTING PRESIDENT VALESKY: The 16 sponsor continues to yield. 17 SENATOR GOLDEN: Do you believe 18 that that setting was okay for Anthony Allen 19 to be placed in that setting? He was released 20 from OCFS. The commissioner had approved that 21 release to the step-down. Do you believe that 22 that was in fact a setting that that young man 23 should have been placed in? 24 SENATOR MONTGOMERY: Through you, 25 Mr. President. I think what Senator Golden is

Candyco Transcription Service, Inc. 1 asking is how were the decisions made for that 2 particular situation to occur. And obviously 3 I'm not in a position to answer that. 4 And as I indicated, it's one of the 5 areas that we are working with OCFS around 6 what really is the role of the agency in 7 helping to guide what happens in the voluntary 8 agencies -- which that was -- and the 9 decisions that they make for how they place 10 their young people. That decision was made 11 within the agency, not by a judge. 12 So what you're asking is very 13 legitimate. And these are issues that we 14 definitely should be concerned about. But 15 that young person and that situation was not 16 the result of a Family Court judge placing 17 that young person in that facility. 18 SENATOR GOLDEN: Mr. President, 19 through you, if Senator Montgomery will 20 continue to yield. 21 ACTING PRESIDENT VALESKY: 22 Senator Montgomery, do you continue to yield? 23 SENATOR MONTGOMERY: Yes. 24 ACTING PRESIDENT VALESKY: The 25 sponsor yields.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Senator 2 Montgomery, wouldn't your bill do exactly 3 that? Wouldn't your bill actually release an 4 individual into a program, a community setting 5 such as this, for an individual like Anthony 6 Allen? 7 SENATOR MONTGOMERY: Through you, 8 Mr. President. Senator Golden, what you 9 are -- I think your concern is how do we -- 10 SENATOR GOLDEN: Go ahead. I'm 11 listening. 12 SENATOR MONTGOMERY: Your 13 concern, I believe, if I'm hearing you 14 correctly, is for how do you make a 15 determination -- how does a judge make a 16 determination about a young person's threat to 17 the safety of the community. 18 And as I said, the Greco case, that 19 was not a decision that was made by the judge. 20 That was an internal decision made by the 21 voluntary agency and their staff and their 22 process. And we're not in a position to 23 comment on that, because I have personally not 24 had an opportunity to go -- I believe the 25 commissioner has been working with them on

Candyco Transcription Service, Inc. 1 their decision-making process as it relates to 2 the young people in their agency. 3 What this bill does is says to the 4 judge that there are a range of decisions that 5 you have that you can make about a young 6 person before you. And these are the areas 7 that we consider that that young person must 8 be designated to be sent into a facility. Any 9 designated felony, any threat to the community 10 and in other ways, we want you to consider 11 those young people not being left in the 12 community. 13 But in the best interest of that 14 young person, if they do not fit into the 15 category of safety threats that you're 16 concerned about, we want that judge to 17 consider, first, alternative to detention as a 18 sentence, as opposed to detention. 19 SENATOR GOLDEN: Last question, 20 Mr. President, if the good Senator will 21 continue to yield. 22 ACTING PRESIDENT VALESKY: 23 Senator Montgomery, do you continue to yield? 24 SENATOR MONTGOMERY: Yes. 25 ACTING PRESIDENT VALESKY: The

Candyco Transcription Service, Inc. 1 sponsor continues. 2 SENATOR GOLDEN: Under your 3 legislation, this power would be taken away 4 from the state and from the judges, actually, 5 from allowing the individual to be sent to a 6 more-restrictive setting because he was not 7 convicted of a felony, he or she, but 8 convicted of a plea down to a misdemeanor and 9 therefore sent into a least-restrictive 10 setting. That is what your bill would do. 11 Yes, Senator? 12 SENATOR MONTGOMERY: Through you, 13 Mr. President, we've tried to be as careful as 14 we can be as it relates to making sure that 15 the judge has ample discretion, that the judge 16 is in a position to look at all of the 17 evidence related to that young person, 18 including a tool that judges, Family Court 19 judges are now using themselves to identify as 20 best as possible what that young person may do 21 in the future and to help them do an 22 assessment that is more appropriate to that 23 young person. 24 So we've made sure that all of 25 these safety considerations are in place, left

Candyco Transcription Service, Inc. 1 up to the judge, and the judge has plenty of 2 latitude. So your fear about this young 3 person, that somehow a young person is going 4 to be left in the community who is a danger 5 and a threat to the community, I think is 6 unfounded. Especially as it relates to this 7 bill, this legislation. 8 SENATOR GOLDEN: Thank you, 9 Senator. 10 On the bill, Mr. President. 11 ACTING PRESIDENT VALESKY: 12 Senator Golden, on the bill. 13 SENATOR GOLDEN: Senator Young 14 obviously was totally correct that this 15 Anthony Allen should not have been placed in 16 the facility that he was placed in. And 17 unfortunately, Ms. Greco is dead today because 18 of it. 19 This legislation here unfortunately 20 is another piece of legislation coming forward 21 that is the, you know, let's coddle those that 22 have hurt society, let's try to bring them out 23 of the jails, close our jails, put people into 24 least restrictive. 25 And I guarantee you that by the end

Candyco Transcription Service, Inc. 1 of this month, before we hit the 30th of this 2 month, that you will see some individual, 3 youth across this state commit another crime 4 in one of these institutions, in the 5 least-restrictive institutions, that should 6 not have been there. And that's before your 7 legislation goes into effect. 8 So when your legislation goes into 9 effect, I can assure you that more people will 10 be harmed, more people unfortunately will die 11 in this state. And that, to me, is a bad 12 piece of legislation. 13 And that legislation is coming from 14 the Governor's task force, and it's coming 15 directly from the administration, from 16 Ms. Carrion, and it's coming directly from the 17 sponsor that is supporting this piece of 18 legislation which I think is a bad piece of 19 legislation that will get people hurt. 20 And there isn't anybody -- as the 21 good Senator Young has stated, that the Family 22 Court judge came out and said "Are you out of 23 your mind? Why are you tying our hands?" And 24 that's what we seem to be doing in public 25 safety here across the State of New York to

Candyco Transcription Service, Inc. 1 all of our policing and all of our facilities 2 that take care of our young, is trying to go 3 in a least-restrictive format. Which 4 unfortunately some cannot go to least 5 restrictive. And when you put people into the 6 least restrictive that don't belong there, you 7 get another Ms. Greco. And there will be more 8 Ms. Grecos as we go forward, and that's very 9 unfortunate. 10 I will be voting no, Mr. President. 11 Thank you. 12 ACTING PRESIDENT VALESKY: Thank 13 you, Senator Golden. 14 Senator Savino. 15 SENATOR SAVINO: Thank you, 16 Mr. President. 17 I wasn't actually going to speak on 18 this bill, but in listening to the debate I 19 think it's important that we try and clarify a 20 couple of points. When I first looked at the 21 bill when it was sent to me, I read it and 22 said, I'm kind of confused because this bill 23 doesn't really change anything that's 24 currently in the law. And then I read it 25 again, and what it does.

Candyco Transcription Service, Inc. 1 So let's be clear. Currently, as 2 we speak, under the law, under the Family 3 Court Act -- Senator Golden, under the Family 4 Court Act and under federal law, Family Court 5 judges are right now required to place youth 6 adjudicated of an offense in the 7 least-restrictive setting. That's the law 8 right now. 9 What this bill does is it clarifies 10 what least-restrictive setting means. And it 11 adds the definition of conditional discharge, 12 probation, and alternatives to placement. It 13 also does not change the fact that youth who 14 are adjudicated of a violent felony, those 15 that were outlined by Senator Krueger, are not 16 eligible for this. 17 Senator Young, your concerns are 18 absolutely valid. What happened to that young 19 woman was horrific and should never have 20 occurred. But it talks about a bigger problem 21 that we have in our youth facilities. 22 Number one, the current hiring 23 freeze has led to staffing reductions which 24 make these facilities in the secure detention 25 facilities dangerous. More importantly --

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: 2 Senator Young, why do you rise? 3 SENATOR SAVINO: I will finish my 4 point and then I will answer any question she 5 wants. 6 ACTING PRESIDENT VALESKY: 7 Senator Savino will yield after she finishes. 8 SENATOR SAVINO: More 9 importantly, some of these youth, the 10 decisions about where they are stepped down 11 to, as Senator Montgomery talked about, those 12 are evaluations that really need to be 13 reviewed. 14 The decisions by Gladys Carrion and 15 her administration, I agree with you, I have 16 some concerns about her approach. I believe 17 that she is moving to the voluntary sector and 18 to nonsecure-detention facilities after the 19 original placement by a judge -- 20 inappropriately sometimes. That is something 21 that really deserves examination. 22 Those two or four youth should 23 never have been placed in a nonsecure 24 detention facility, and that nonsecure 25 detention facility should never have had a

Candyco Transcription Service, Inc. 1 single woman working there by herself. 2 Absolutely, you are right about that. 3 But the original bill doesn't 4 change anything that's currently in the law. 5 All it does is define what least-restrictive 6 setting means. We have a lot of problems 7 within the juvenile justice system. We have a 8 lot of problems in our detention facilities. 9 All of those should be addressed. But I think 10 we're getting off the track with what this 11 bill actually does. 12 Now, if you have a question for me, 13 I'm more than happy to answer it. 14 ACTING PRESIDENT VALESKY: 15 Senator Young. 16 SENATOR YOUNG: Thank you, 17 Senator Savino. 18 Would the Senator yield for a 19 question? 20 SENATOR SAVINO: If I can. 21 ACTING PRESIDENT VALESKY: 22 Senator Savino does yield, yes. 23 SENATOR SAVINO: If I have an 24 answer for you, Senator Young. 25 SENATOR YOUNG: Thank you. You

Candyco Transcription Service, Inc. 1 know, I appreciate your comments. But 2 basically I think you're mitigating -- you're 3 missing the point of our concerns. Because 4 you're right, right now the judges actually 5 work very hard to put these juveniles in the 6 least-restrictive setting. They're doing 7 that. 8 But this basically takes away some 9 of their discretion that they have. And so if 10 they have warning signs on a juvenile, if they 11 think that that person might be violent, might 12 hurt somebody, right now they have the 13 discretion to place that youth in a 14 state-operated facility. This basically takes 15 that away unless that juvenile is convicted of 16 a felony. 17 You know, sometimes violent youth 18 are put in state-operated facilities, you know 19 why? Because their families are afraid of 20 them. Anthony Allen's mother was deathly 21 afraid of him, deathly afraid of him. 22 And so my question is, you know, if 23 that's the case, then how can you say that 24 that's just okay to just define this? Because 25 what it's saying is that unless you have a

Candyco Transcription Service, Inc. 1 felony, it's going to be more difficult for a 2 judge to place those juveniles. 3 SENATOR SAVINO: Through you, 4 Mr. President. Again, Senator Young, the 5 concern you have is valid. However, under the 6 current law and what will continue under this 7 bill is a judge still has the discretion to 8 make a placement into a residential setting if 9 they believe it is necessary for the 10 protection of the community or the child. 11 That does not change. Currently they have 12 that right. 13 What happened with Anthony Allen, 14 from what you've described to me and what 15 Senator Young has described, sounds more like 16 a post-placement decision as to when he was 17 ready for the eventual discharge out. And 18 that begs the bigger issue that you spoke 19 about, the lack of mental health services 20 within the OCFS facilities, the lack of 21 oversight, the lack of staffing, the lack of 22 support. Because we're making decisions about 23 returning children or youthful offenders 24 faster than they should. And that's why I 25 said you are right in your concerns.

Candyco Transcription Service, Inc. 1 But this bill is not going to 2 change that. What this bill does is defines 3 clearly what least-restrictive setting means. 4 The issues that you have raised and 5 Senator Montgomery has raised are still 6 outstanding. This bill won't fix that, it 7 won't exacerbate it, and it's not going to 8 address the chronic problem we have of youth 9 who are discharged too quickly by an 10 administration that I agree with you has an 11 ideology that believes we should move them out 12 as fast as possible without the support 13 services they need. 14 SENATOR YOUNG: Would Senator 15 Savino continue to yield. 16 SENATOR SAVINO: Certainly. 17 ACTING PRESIDENT VALESKY: Senat 18 or Savino continues to yield. 19 SENATOR YOUNG: I'm glad, Senator 20 Savino, that you agree with me that Anthony 21 Allen should never have been placed out in the 22 community, with his history. But basically 23 what this bill does is that instead of having 24 Anthony Allen put into a state facility and 25 then discharged too quickly, it basically says

Candyco Transcription Service, Inc. 1 he couldn't have been placed in the facility 2 in the first place and so he would have been 3 out there in the community even sooner. 4 So on one hand you're saying you 5 agree with us. On the other hand you're 6 saying that it's okay -- because, you know, 7 Anthony Allen was at Tryon, limited secure; he 8 was at Highland, limited secure; and he was 9 released too early. But under this 10 legislation he never would have even been at 11 those two facilities. 12 So, you know, I guess I have to 13 disagree with what you're saying because it 14 just -- you're contradicting yourself, I 15 believe. 16 SENATOR SAVINO: Senator Young, 17 actually I don't think so. Because under the 18 current law, again, the judge has to place 19 them in the least-restrictive setting unless 20 they determine that a more secure setting is 21 necessary for the protection of the community. 22 Again, I don't know Anthony Allen's 23 particular case other than what you've 24 discussed here on the floor. But it sounds to 25 me as if he started in a secure detention

Candyco Transcription Service, Inc. 1 facility, under the original placement by a 2 Family Court judge, and then worked his way 3 down through the nonsecure detention facility. 4 The question we have to examine is 5 who made the determination that he was ready 6 to move from secure detention to nonsecure? 7 How did they arrive at that decision? Who 8 were the staff involved? Was the 9 recommendation of a judge there? It doesn't 10 sound like there was. 11 That is an internal issue within 12 the agency operation that I believe needs to 13 be examined and evaluated: How they determine 14 discharge planning for youthful offenders, 15 when are they ready to move from secure 16 detention to nonsecure detention. 17 But this bill still does not change 18 the fact that a judge, who's already required 19 to place them in the least-restrictive 20 setting, now defines what "least restrictive" 21 can mean under the law, still has the 22 discretion to place them in a secure detention 23 facility. 24 SENATOR YOUNG: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 I have to disagree. I think 2 that -- 3 SENATOR SAVINO: That's okay. It 4 wouldn't be the first time, Senator Young. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Duane, on the bill. 7 SENATOR DUANE: Thank you, Madam 8 President. 9 You know, in all the years that 10 I've been in this Legislature, we have mostly 11 done terrible things to children. And 12 historically this Legislature has a history of 13 reacting after a tragedy, a tragedy that has 14 not been caused by the children that are so 15 horribly impacted by the policy that we enact 16 after one bad incident, one tragic terrible 17 incident has happened. 18 Finally, and thanks to Senator 19 Montgomery's passion and fortitude -- and in 20 one very small part measure because of this 21 legislation, and I hope more to come -- 22 finally, we're taking steps to prevent 23 terrible things from happening not just to 24 children that we have been so negatively 25 impacting but also to protect adults and

Candyco Transcription Service, Inc. 1 children of all ages from having terrible 2 things happen to them. 3 And so, Senator Montgomery, thank 4 you for your incredible and enlightened work 5 on this issue that will positively affect and 6 impact all New Yorkers in the future. I 7 encourage everyone to vote yes on this piece 8 of legislation. 9 Thank you, Madam President. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Thank you, Senator. 12 Are there any other Senators 13 wishing to be heard on the bill? 14 Hearing none, the debate is closed. 15 The Secretary will please ring the bell. 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Call the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Montgomery, to explain her vote. 24 SENATOR MONTGOMERY: Yes, Madam 25 President. I just want to say that this

Candyco Transcription Service, Inc. 1 really has been an interesting discussion on 2 an issue that is extremely important in our 3 state, I think. It's legislation which is 4 supported by the Office of Court 5 Administration, by district attorneys and law 6 enforcement organizations from across our 7 state, from the Council on Children and 8 Childcare Agencies, the Legal Aid Society, and 9 so many other people. 10 And I just think this is something 11 that we need to do, we should be doing. And 12 the judges that I have talked to and met with, 13 so many of them have said yes, let's do this. 14 And in fact they're already doing it, many of 15 them are. 16 And so all is not lost, because 17 despite what we do or don't do here, the 18 judges and the community at large, they're 19 moving in this direction. And so I'm grateful 20 for that. And thank you. I vote aye. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Montgomery to be recorded in the 23 affirmative. 24 Are there any other Senators 25 wishing to explain his or her vote?

Candyco Transcription Service, Inc. 1 Senator Montgomery. 2 SENATOR MONTGOMERY: I'm going to 3 lay the bill aside for the day. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The roll call is withdrawn, and the bill is 6 laid aside for the day. 7 The Secretary will continue to 8 read. 9 THE SECRETARY: Calendar Number 10 624, by Senator Montgomery, Senate Print 11 6711B, an act to amend the Executive Law. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Read the last section. 14 SENATOR FUSCHILLO: Explanation. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Montgomery, an explanation has been 17 requested on the bill by Senator Fuschillo. 18 (Disturbance on floor.) 19 ACTING PRESIDENT STEWART-COUSINS: 20 May we have order in the chamber, please. 21 Senator Montgomery -- 22 SENATOR DIAZ: I think that is so 23 [inaudible] for Senator Parker to be using 24 foul language here on this floor in front of 25 women.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Senator Diaz -- 3 SENATOR DIAZ: Senator Parker 4 should be reprimanded. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Montgomery, an explanation has been 7 requested by Senator Fuschillo. 8 SENATOR MONTGOMERY: Which bill 9 is this? Which bill is that? 10 ACTING PRESIDENT STEWART-COUSINS: 11 This is on Bill 624. 12 SENATOR MONTGOMERY: Okay, Madam 13 President, just to explain this bill. 14 It would establish a formula by 15 which the state provides assistance to 16 localities, to counties across the state, many 17 of whom don't have alternative-to-detention 18 programs already, would assist them in 19 starting them for their own children, their 20 own young people. 21 And it would assist those counties 22 who already have begun to move more in the 23 direction of creating alternatives to 24 detention and placement for juveniles. It 25 would provide assistance to them in the

Candyco Transcription Service, Inc. 1 following way. It establishes a reimbursement 2 of 65 percent to match funds that they expend 3 to develop and run alternative-to-detention 4 programs. A set of standards would be 5 established by the Office of Children and 6 Family Services that meet certain criteria, 7 and those programs would then be eligible to 8 be reimbursed at a rate of 65 percent for 9 every dollar that they expend. 10 I want to just mention a couple of 11 counties that have already begun to move in 12 that direction and are very, very supportive 13 of this legislation. 14 Erie County has developed a 15 continuum of community and evidence-based 16 services that work in tandem to keep 17 juvenile-justice-involved youth out of 18 institutional placement. And between 2004 and 19 2008, Erie County has reduced its placements 20 of juvenile delinquents to both OCFS and the 21 local Department of Social Services by 22 52 percent. 23 New York City, the Department of 24 Probation administers two programs, and one of 25 them, launched in 2002, Esperanza, provides

Candyco Transcription Service, Inc. 1 short-term, intensive in-home therapeutic 2 services and crisis management to youth who 3 would have otherwise been placed in an 4 institutional facility. 5 Another program is the ESP program. 6 It's an alternative to placement for 7 moderate-and-high-risk juveniles who are in 8 need of extra attention and support while 9 under probation supervision. 10 These programs have resulted in a 11 very drastic decrease in the number of young 12 people who are identified as placement-bound 13 youth, but they have been able to remain in 14 their communities. 15 Onondaga County, the City of 16 Syracuse in particular, they have launched a 17 program, it's called the probation 18 rehabilitation intensive services and 19 management program. From 1995 to 2008, 20 Onondaga reduced its placements to both OCFS 21 and the local Department of Social Services 22 from 103 to 28, a 73 percent reduction in 23 juvenile delinquency placements. 24 Suffolk County, the juvenile day 25 reporting center provides youth who are at

Candyco Transcription Service, Inc. 1 risk of institutional placement with daily 2 supervision and educational programming. In 3 2007, Suffolk County placed 153 youth -- 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Montgomery -- 6 SENATOR MONTGOMERY: -- with 7 OCFS, 42 fewer or 12.5 percent less than in 8 2006. So -- 9 ACTING PRESIDENT STEWART-COUSINS: 10 Thank you, Senator. 11 SENATOR MONTGOMERY: -- it makes 12 a big difference when we do alternative-to- 13 placement programming. It reduces the number 14 of young people who end up in the facilities 15 upstate and out of their communities, and it 16 also makes a big difference in the lives of 17 young people. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Thank you. 20 Senator Fuschillo, why do you rise? 21 SENATOR FUSCHILLO: Would Senator 22 Montgomery answer a few questions. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Senator Montgomery, would you yield for a 25 question?

Candyco Transcription Service, Inc. 1 SENATOR MONTGOMERY: Yes. 2 SENATOR FUSCHILLO: Senator, 3 thank you very much for that explanation. 4 Just a few questions. Would you answer a few 5 questions? 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Montgomery, do you yield? 8 SENATOR MONTGOMERY: Yes. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Montgomery yields. 11 SENATOR FUSCHILLO: Just two 12 simple questions. 13 The bill raises the reimbursement 14 rate to the counties from 50 percent to 15 65 percent; correct? 16 SENATOR MONTGOMERY: The rate 17 that you are referring to, the 50 percent rate 18 that we reimburse is for detention only. 19 There is no reimbursement currently for what 20 counties spend for alternative to detention. 21 There is no formula for reimbursing them for 22 that. 23 SENATOR FUSCHILLO: Would the 24 Senator continue to yield. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Montgomery, do you continue to yield? 2 SENATOR MONTGOMERY: Yes. Yes. 3 SENATOR FUSCHILLO: So that 4 50 percent you just stated is being raised to 5 65 percent? 6 SENATOR MONTGOMERY: There is 7 currently -- it's not a raising of anything. 8 It is establishing for the first time a 9 reimbursement for alternative to detention. 10 The rate that you are referring to is for 11 detention only. 12 SENATOR FUSCHILLO: Would the 13 Senator continue to yield. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Montgomery, do you continue to yield? 16 SENATOR MONTGOMERY: Yes. 17 SENATOR FUSCHILLO: Senator, so 18 what is the fiscal impact to the state? 19 SENATOR MONTGOMERY: Well, the 20 fiscal impact in the long run is that we are 21 moving from a system for which we pay $210,000 22 per child -- half of it the state pays, half 23 of it the county, the locality pays. We're 24 moving to a system that now allows us to 25 reimburse counties 65 percent of a figure

Candyco Transcription Service, Inc. 1 between $5,000 and $10,000 to $20,000. 2 So we reduce the cost to the county 3 dramatically, and we also reduce the cost to 4 the state dramatically. 5 SENATOR FUSCHILLO: Will the 6 Senator continue to yield. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Montgomery, do you continue to yield? 9 SENATOR MONTGOMERY: Yes. 10 SENATOR FUSCHILLO: Thank you, 11 Senator. What type of youthful offenders are 12 you talking about? What type of crimes have 13 they committed? 14 SENATOR MONTGOMERY: I didn't 15 hear you, I'm sorry. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Fuschillo, would you repeat the 18 question? 19 SENATOR FUSCHILLO: What type of 20 youthful offenders with what type of crimes 21 have they committed would be covered under 22 this legislation? 23 SENATOR MONTGOMERY: The programs 24 that I just enumerated, it's the same types of 25 young people who are already in some of the

Candyco Transcription Service, Inc. 1 programs. Some counties have already begun to 2 do more alternative-to-detention programs. It 3 would be the same types of young people, 4 except now we are providing assistance to 5 those counties so that they can continue to 6 provide the same services. 7 SENATOR FUSCHILLO: Would the 8 Senator continue to yield. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Montgomery, do you continue to yield? 11 SENATOR MONTGOMERY: Yes. 12 SENATOR FUSCHILLO: Senator, I'm 13 asking you the question what types of 14 offenders, what type of crimes. You responded 15 to me "it's the same type." Could you be a 16 little more detailed in what you mean by the 17 same type of crimes that were committed that 18 are applicable to these youthful offenders? 19 SENATOR MONTGOMERY: Through you, 20 Madam President, I don't have right now a list 21 of the types of young people who are currently 22 in these programs. I can get that for you, 23 Senator. 24 I can only say to you that I have 25 met young people who are participating in

Candyco Transcription Service, Inc. 1 alternative-to-detention programs in my 2 district, and they are -- these young people 3 are now on a different track. They are 4 learning skills, they have been able to remain 5 with their families, many of them are working 6 while they are participating on a daily basis 7 in various programs. 8 So -- but if you need more 9 specifics, I'm sure I can be able to get that 10 for you, Senator. 11 SENATOR FUSCHILLO: Thank you. 12 Would the Senator continue for one further 13 question. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Montgomery, will you yield for one 16 more question? 17 SENATOR MONTGOMERY: Yes. 18 SENATOR FUSCHILLO: Senator, 19 thank you. It concerns me a little bit that 20 you're asking us to vote on a piece of 21 legislation and you don't know what type of 22 individuals this is applicable to. 23 I'll make it easy for you. Are 24 they violent offenders, are they violent 25 felony offenders? Are these individuals that

Candyco Transcription Service, Inc. 1 we as a society should be concerned about? 2 I'm trying to narrow the scope a little bit 3 for you. 4 You're asking us to vote on the 5 bill. I asked you a question of who this 6 would be applicable to, what criminal 7 offenses. Maybe you could help us either 8 support or not support this by telling us, you 9 know, is this somebody that's a danger to 10 society that's currently in the program, or 11 have been. 12 SENATOR MONTGOMERY: With concern 13 for Senator Flanagan's [sic] fear of who these 14 young people are, they're already 15 participating in programs. So he wants me to 16 assure him that nothing is ever going to 17 happen, no young person is ever going to do 18 that. 19 But you know what, Madam President, 20 I want to lay the bill aside. 21 ACTING PRESIDENT STEWART-COUSINS: 22 We will withdraw the roll and lay the bill 23 aside. For the day, presumably. 24 SENATOR FUSCHILLO: Madam 25 President, I want to thank Senator Montgomery.

Candyco Transcription Service, Inc. 1 I mean, I don't know if I should be 2 insulted or not. Senator Flanagan's over 3 there in the back of the room. I'm Senator 4 Fuschillo. I know he's a real good-looking 5 guy. 6 But I thank you very much for your 7 explanation and your patience. Thank you. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The Secretary will continue to read. 10 THE SECRETARY: Calendar Number 11 625, by Senator Montgomery, Senate Print 6713, 12 an act relating to the establishment of a 13 pilot program to provide. 14 SENATOR KLEIN: Lay it aside for 15 the day, please. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The bill is laid aside for the day. 18 THE SECRETARY: Calendar Number 19 675, by Senator Stavisky, Senate Print 1745A, 20 an act to amend the New York City Civil Court 21 Act. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Is there anyone wishing to be heard on this 24 bill? 25 Hearing none, the debate is closed.

Candyco Transcription Service, Inc. 1 The Secretary will please ring the bell. 2 Senator Skelos. 3 SENATOR SKELOS: If we could ask 4 what bill we're on right now. 5 ACTING PRESIDENT STEWART-COUSINS: 6 We are on Calendar Number 675. 7 SENATOR SKELOS: Could we have an 8 explanation on that bill, please. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Stavisky, Senator Skelos has asked for 11 an explanation. 12 SENATOR STAVISKY: This bill 13 would apportion the 11 additional New York 14 City court judgeships that were authorized by 15 the Legislature in 1993. The basis of the 16 apportionment of judges is based upon the 17 backlog in the Civil Court docket, and the 18 Office of Court Administration pays the cost 19 for the first year. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 if Senator Stavisky would yield for a 24 question. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Stavisky, do you yield for a question? 2 SENATOR STAVISKY: Yes. 3 SENATOR SKELOS: Could you tell 4 me what additional costs this will incur to 5 people of the state? What will be the 6 additional costs? 7 SENATOR STAVISKY: I've indicated 8 that there is no cost in the first year 9 because the Office of Court Administration 10 pays the first year's cost. 11 SENATOR SKELOS: If Senator 12 Stavisky would yield for a question. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Stavisky, do you continue to yield? 15 SENATOR STAVISKY: Yes. 16 SENATOR SKELOS: Has either 17 chamber up to this point passed the 18 legislative and judiciary budget? 19 SENATOR STAVISKY: No. 20 SENATOR SKELOS: Thank you. 21 I would urge a no vote on this 22 legislation. 23 ACTING PRESIDENT STEWART-COUSINS: 24 Are there any other Senators wishing to be 25 heard on the bill?

Candyco Transcription Service, Inc. 1 Hearing none, the debate is closed. 2 The Secretary will please ring the bells. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Diaz, to explain his vote. 11 SENATOR DIAZ: Yes, thank you, 12 Madam President. 13 I am one of the 62 Senators, and I 14 am elected by the people in my district. So I 15 want to let everyone know that I will always 16 vote the way I think I should vote and I want 17 to vote. And by threatening me and by using 18 the F language on me will not make me change 19 my mind. 20 So Senator Parker, if he doesn't 21 want to pass any one of my "F" bills, as he 22 said, that's okay, I take the consequences. 23 But that will not change my mind. I will 24 always vote the way I want to vote, and no 25 threat and no pressure will make me change my

Candyco Transcription Service, Inc. 1 mind. 2 I'm voting yes now. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Senator Diaz to be recorded in the 5 affirmative. 6 Senator Stavisky to explain her 7 vote. 8 SENATOR STAVISKY: Thank you, 9 Madam President. 10 First of all, a couple of quick 11 points. Number one, there has not been a 12 change in the number of civil court judges in 13 the last 30 years. The backlog is increasing 14 dramatically. We authorized the increase, but 15 we did not make the distribution. The 16 increase was authorized in 1993. 17 And lastly, and I think most 18 importantly, this bill becomes effective 19 January 1, 2011. So it's only one-quarter of 20 the cost in this fiscal year, and it's 21 one-quarter of the annual cost that will be 22 borne by the Office of Court Administration. 23 So there is no fiscal impact in 24 this year's budget whatsoever. There is 25 absolutely no fiscal impact to this year's

Candyco Transcription Service, Inc. 1 budget. And I urge my colleagues to vote to 2 reduce the caseload in the civil court in the 3 City of New York. 4 Thank you, Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Stavisky will be recorded in the 7 affirmative. 8 Are there any other Senators 9 wishing to explain his or her vote? 10 Announce the results. 11 THE SECRETARY: In relation to 12 Calendar Number 675, Senators to be recorded 13 in the negative: Senators Alesi, Bonacic, 14 DeFrancisco, Farley, Flanagan, Fuschillo, 15 Golden, Griffo, Hannon, O. Johnson, Lanza, 16 Larkin, LaValle, Leibell, Libous, Little, 17 Marcellino, Maziarz, McDonald, Nozzolio, 18 Padavan, Ranzenhofer, Robach, Saland, Seward, 19 Skelos, Volker, Winner and Young. 20 Ayes, 32. Nays, 29. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 691, by Senator Sampson, Senate Print 5807B, 25 an act to amend the Uniform City Court Act and

Candyco Transcription Service, Inc. 1 the Judiciary Law. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Are there any Senators wishing to be heard on 4 the bill? 5 Hearing none, the Secretary should 6 ring the bells. The debate is closed. 7 Read the last section. 8 THE SECRETARY: Section 8. This 9 act shall take effect on the first of April 10 next succeeding. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator DeFrancisco, to explain his vote. 16 SENATOR DeFRANCISCO: Yes, this 17 bill would increase the number of city court 18 judges in certain cities. And as a former 19 chair of Judiciary, I know how important it is 20 to have a sufficient number of judges to hear 21 cases. 22 However, at a time when we have not 23 passed the judiciary budget yet, or haven't 24 even reviewed it, and, secondly, when the 25 Governor has called for furloughs and may call

Candyco Transcription Service, Inc. 1 for reduction in the number of employees, I 2 just don't think it's the right time to be 3 increasing the number of judges that hear 4 cases. 5 For that reason, I vote no. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator DeFrancisco to be recorded in the 8 negative. 9 Announce the results. 10 THE SECRETARY: In relation to 11 Calendar Number 691, those Senators to be 12 recorded in the negative: Senators Alesi, 13 Bonacic, DeFrancisco, Farley, Flanagan, 14 Fuschillo, Golden, Griffo, Hannon, O. Johnson, 15 Lanza, Larkin, LaValle, Leibell, Libous, 16 Little, Marcellino, Maziarz, McDonald, 17 Nozzolio, Padavan, Ranzenhofer, Robach, 18 Saland, Seward, Skelos, Volker, Winner and 19 Young. 20 Ayes, 32. Nays, 29. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 692, by Senator Sampson, Senate Print 5968A, 25 an act to amend the Family Court Act.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Are there any Senators wishing to be heard on 3 the bill? 4 Hearing none, debate is closed. 5 The Secretary will please ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect January 1, 2011. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Announce the results. 14 THE SECRETARY: In relation to 15 Calendar Number 692, those Senators recorded 16 in the negative: Senators Alesi, Bonacic, 17 DeFrancisco, Farley, Flanagan, Fuschillo, 18 Golden, Griffo, Hannon, O. Johnson, Lanza, 19 Larkin, LaValle, Leibell, Libous, Little, 20 Marcellino, Maziarz, McDonald, Nozzolio, 21 Padavan, Ranzenhofer, Robach, Saland, Seward, 22 Skelos, Volker, Winner and Young. 23 Ayes, 32. Nays, 29. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 726, by Member of the Assembly Weinstein -- 3 SENATOR KLEIN: Lay the bill 4 aside for the day, please. 5 ACTING PRESIDENT STEWART-COUSINS: 6 The bill is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 787, by Member of the Assembly Clark, Assembly 9 Print Number 3233B, an act to amend the 10 Executive Law. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Are there any Senators wishing to be heard on 13 the bill? 14 Senator Fuschillo, why do you rise? 15 SENATOR FUSCHILLO: Would Senator 16 Parker answer a few questions. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Senator Parker, would you please yield for a 19 few questions? 20 SENATOR PARKER: For my friend 21 Senator Fuschillo, absolutely. 22 SENATOR FUSCHILLO: Senator, 23 thank you very much. Just a few questions. 24 In the bill, on page number 2, it 25 states that the child advocate may hire or

Candyco Transcription Service, Inc. 1 appoint persons as may be deemed necessary to 2 carry out the duties of the independent 3 office. And down a little further, they can 4 fix compensation. 5 Then it states that their primary 6 function is to examine, evaluate, investigate 7 and report to the Governor and Legislature on 8 particular systemic issues in publicly funded 9 juvenile justice programs overseen by the 10 Office of Children and Family Services and 11 local social service districts. 12 Does this include all local 13 municipalities as well as what the state is 14 doing? 15 SENATOR PARKER: Senator, it 16 does. Through you, Madam President. Senator 17 it does. 18 SENATOR FUSCHILLO: Thank you, 19 Senator. Would the Senator yield to one more 20 question. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Parker, will you continue to yield? 23 SENATOR PARKER: Yes, I will. 24 SENATOR FUSCHILLO: Senator, 25 since this legislation essentially creates a

Candyco Transcription Service, Inc. 1 new state agency which has an enormous amount 2 of responsibility when it's going to oversee 3 not only what the state does but also the 4 local social service departments in the 5 counties, can you give us an estimate of what 6 this will cost the State of New York? 7 SENATOR PARKER: Senator 8 Fuschillo -- through you, Madam President -- 9 you're right that this office is going to have 10 a great deal of responsibility. And it needs 11 to because the task is enormous. 12 As you know and as Senator Young 13 and some other people have talked about 14 earlier today, our juvenile justice system is 15 almost out of control, essentially. And 16 that's not just me rhetorically saying that on 17 the floor of the Senate; the Governor has had 18 a task force that looked at it. And in fact, 19 the Civil Rights Division of DOJ has in fact 20 looked at this and found it. 21 So this bill is an attempt to in 22 fact coordinate services not really in the 23 agency but really under the guise of the 24 Governor's office, so that we can coordinate 25 services both down from the county level up

Candyco Transcription Service, Inc. 1 through the state level to deal with issues. 2 So -- but because we're trying to 3 coordinate existing programs, we're actually 4 absorbing the costs through centralizing 5 existing programs. So the increased cost is 6 really not that much; probably about $300,000, 7 we estimate. The rest of the expense is 8 expenses that we're already paying vis a vis 9 those activities being performed by other 10 agencies. 11 SENATOR FUSCHILLO: Thank you, 12 Senator. 13 Would the Senator continue to 14 yield? 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Parker, do you continue to yield? 17 SENATOR PARKER: Yes. 18 SENATOR FUSCHILLO: Senator, I 19 appreciate your explanation. But I think the 20 legislation is pretty clear that it's a lot 21 more than just coordinating services when you 22 state here that it's to examine and evaluate 23 and investigate local social service 24 districts. 25 I'm assuming that there's no fiscal

Candyco Transcription Service, Inc. 1 note that was done for this; is that correct? 2 SENATOR PARKER: To my 3 understanding, there was. Senator, my 4 understanding is that there was a fiscal note 5 done for this. 6 SENATOR FUSCHILLO: Would the 7 Senator continue to yield. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Parker, do you continue to yield? 10 SENATOR PARKER: Yes. 11 SENATOR FUSCHILLO: Would you 12 tell me what the fiscal note was? 13 SENATOR PARKER: I will get you a 14 copy of the fiscal note. 15 So the whole thing is $1.1 million. 16 SENATOR FUSCHILLO: Thank you 17 very much. 18 SENATOR PARKER: And it's 19 $800,000 that's already being spent by the 20 Office of the Ombudsman -- I can never say 21 that word -- and then there's another 300,000 22 that would be additional. 23 SENATOR FUSCHILLO: Thank you 24 very much, Senator. 25 Thank you, Madam President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Are there any other Senators wishing to be 3 heard on the bill? 4 Hearing none, the debate is closed. 5 The Secretary will please ring the bells. 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect April 1, 2011. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Bonacic, to explain his vote. 14 SENATOR BONACIC: Thank you, 15 Madam President. 16 You know, having a child advocacy 17 position, as well as the three votes before on 18 adding more judges, these things are -- 19 they're good. It's something in normal times 20 I think me and my colleagues would be voting 21 for. 22 But these are not normal times. We 23 are simply broke. We're facing a $9.5 billion 24 deficit this year. It's projected to be 25 $15 billion next year. This is a time we

Candyco Transcription Service, Inc. 1 should not be expanding government, not be 2 expanding the judiciary, and that's the reason 3 that I'm voting no. 4 Thank you, Madam President. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Bonacic to be recorded in the 7 negative. 8 Senator Parker, to explain his 9 vote. 10 SENATOR PARKER: Thank you, Madam 11 President. 12 You know, as I indicated, this 13 bill, this child advocates bill, is a bill 14 that comes out of particular circumstances, 15 and circumstances that we're all very familiar 16 with in terms of all of the problems we've 17 seen in the juvenile justice system. 18 In fact, the bills that we're 19 voting on today are a package of bills that 20 are really led by Senator Montgomery and her 21 intrepid staff to in fact deal with this 22 issue. And I really want to thank her for her 23 advocacy and her leadership around the issues 24 of juvenile justice. There is nobody, 25 frankly, in this Legislature -- in this

Candyco Transcription Service, Inc. 1 state -- who cares more about younger people, 2 particularly the young people who everybody 3 else is willing to throw away. And so I want 4 to thank her for that. 5 You know, again, the United States 6 Department of Justice Civil Rights Division 7 found egregious systemwide civil rights 8 violations and serious problems in our state's 9 juvenile justice system. DOJ issued a letter 10 to the Governor outlining a number of 11 constitutional and civil rights violations 12 against youth residing in the four Office of 13 Children and Family Services facilities, such 14 as excessive use of force, inadequate 15 investigations into alleged abuse of staff, 16 and inadequate mental health care. 17 This is transparency and 18 accountability for the least of those and the 19 most vulnerable children in our communities. 20 And I don't know really how people can vote 21 no. 22 I know that everybody wants to make 23 an issue of the money. The question is not 24 how much money this is going to cost to do 25 this, the question is how much is it going to

Candyco Transcription Service, Inc. 1 cost, this state, if we don't do it. The 2 question is how much are we going to have to 3 pay in, you know, incarceration for adults who 4 these children will turn out to be. And maybe 5 some of you, quite frankly, would like that 6 because the prisons are in your districts. 7 That's a conversation for another day. 8 But, you know, the question is how 9 much is it going to cost us if we don't do 10 this bill. And I know my colleagues want to 11 talk about, you know, we would have done this 12 in better years. But we've had better years. 13 The bill is not brand-new this year. And we 14 didn't take the bill up then. 15 I really ask my colleagues to do 16 the right thing, vote yes, take care of the 17 most vulnerable children in our communities. 18 Thank you. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Parker to be recorded in the 21 affirmative. 22 Are there any other Senators 23 wishing to explain his or her vote? 24 Senator Parker. 25 SENATOR PARKER: I'd like to make

Candyco Transcription Service, Inc. 1 a motion to withdraw the roll and lay the bill 2 aside for the day. 3 ACTING PRESIDENT STEWART-COUSINS: 4 The roll is withdrawn. The bill is laid aside 5 for the day. 6 THE SECRETARY: Calendar Number 7 868, by Senator Duane, Senate Print 7724, an 8 act to amend the Public Health Law. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Golden, why do you rise? 11 SENATOR GOLDEN: Could I have, 12 Madam President, a brief explanation of the 13 bill from the sponsor, please. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Senator Duane, an explanation has been 16 requested. 17 SENATOR DUANE: Yes, Madam 18 President. 19 This bill, which is a departmental 20 bill, is a necessary piece of public health 21 law which has not previously been part of our 22 state's laws. It is to expand the syringe 23 access program for the sale of nonprescription 24 syringes. 25 I think most of my colleagues will

Candyco Transcription Service, Inc. 1 recall that ESAP, which is the syringe access 2 program, was established to prevent the 3 transmission of bloodborne diseases, for 4 instance, yes, for injection drug users but 5 also for people who have diabetes and need to 6 inject insulin or women who need to inject for 7 fertility reasons. And this bill will make 8 more syringes available and provide for a safe 9 way to dispose of syringes. 10 I think it's important to note that 11 at this point there are more than 3,000 12 pharmacies in the state who have registered 13 with the Department of Health for the original 14 ESAP program, and this will do a couple of 15 things. One is it will lift the limitation of 16 10 syringes, again, for injection drug users 17 and also for people with diabetes or with 18 fertility issues. And then the second thing 19 it does is it allows pharmacies to make known 20 to the public that they participate in this 21 program. 22 And just, you know, to make sure 23 there's no fear or concerns, this is only for 24 people over the age of 18. And it doesn't 25 change that the syringes would still be kept

Candyco Transcription Service, Inc. 1 behind the counter, et cetera. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Thank you, Senator Duane. 4 SENATOR GOLDEN: Thank you, 5 Senator. 6 Through you, Madam President. What 7 was the matter with the old bill, Senator? 8 ACTING PRESIDENT STEWART-COUSINS: 9 Are you asking the Senator to yield? 10 SENATOR GOLDEN: Yes. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Duane, will you yield for a question? 13 SENATOR DUANE: Yes, Madam 14 President. 15 There was nothing wrong with the 16 old bill, but that bill has been in existence 17 for a while now, or that program has been in 18 existence. 19 But these changes, it's been found 20 to be not as -- in some cases, not as 21 convenient and in some cases not as effective 22 to limit the program to 10 syringes at a time. 23 And whether because you're an injection drug 24 user or because you have diabetes or for 25 whatever reason, pharmacies could not make it

Candyco Transcription Service, Inc. 1 known, if you will, that they participated in 2 this program through the Department of Health. 3 So now the -- it's more than -- 4 probably close to 3300 pharmacies now can make 5 it known that they participate in the program. 6 SENATOR GOLDEN: Thank you, 7 Senator. 8 Two more questions, Madam 9 President, if the Senator will continue to 10 yield. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Duane, do you continue to yield? 13 SENATOR DUANE: Yes, Madam 14 President. 15 SENATOR GOLDEN: Thank you, Madam 16 President. 17 Senator, would the pharmacy be 18 required to hand over a hundred syringes if a 19 person so desired? 20 SENATOR DUANE: Thank you, Madam 21 President. Through you, Madam President. 22 I've -- for lack of a better way to 23 sort of describe what it is, it's sort of like 24 instead of buying, say, a -- it's not exactly 25 the same, but instead of only being able to

Candyco Transcription Service, Inc. 1 buy a six-pack of Diet Coke or sugared Coke -- 2 the syringes come in 10 packs. So now you 3 could buy a case of Diet Coke or regular Coke 4 or Pepsi, you could buy more, you could get 5 more syringes. 6 So, and I just want to -- and 7 remember, the thing is that, you know, this is 8 to protect if -- I don't know, if someone has 9 hepatitis or something, you just want to be as 10 careful as possible that under any 11 circumstances we know that it's best to try 12 not to allow a needle, whether it's an 13 injection drug user or a diabetic, to share 14 needles with another person. So that's why 15 we're doing this, just to make it even less 16 likely. 17 And also, remember, built in is to 18 make sure that needles are disposed of 19 correctly. And this whole program is also 20 about making sure that no matter who is using 21 a syringe, it is more likely they get disposed 22 of correctly. And similar to maybe a can of 23 Pepsi or Diet Pepsi or whatever, to get the 24 deposit back, if you will, and then be able to 25 buy another soda.

Candyco Transcription Service, Inc. 1 SENATOR GOLDEN: Thank you, 2 Senator. 3 Madam President, last question, if 4 the Senator will continue to yield. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Duane, do you continue to yield for 7 one last question? 8 SENATOR DUANE: Yes, Madam 9 President. 10 SENATOR GOLDEN: Senator, do you 11 recognize or did you understand that heroin 12 use in Long Island is an epidemic today and in 13 downstate and across the state is on the rise? 14 Are you aware of that? 15 SENATOR DUANE: Yes, Madam 16 President. 17 SENATOR GOLDEN: You are. Thank 18 you, Senator. 19 On the bill. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Golden, on the bill. 22 SENATOR GOLDEN: Comparing 23 syringes to Coke and to Pepsi makes no logical 24 sense to me or to anybody in this chamber or 25 across the state, especially when it comes to

Candyco Transcription Service, Inc. 1 the lives of children and people using heroin 2 and drugs illegally for their choice, their 3 use. 4 And unfortunately our drug use here 5 in the State of New York is on the rise and, 6 in certain parts of this state, is an 7 epidemic. 8 So I will be voting no on this 9 bill. I would hope that all of my colleagues 10 recognize that this is a bad bill and would 11 also vote no. 12 And I would hope that we would not 13 use the reference of like buying a six-pack of 14 Coke or a six-pack of Pepsi, because it's not. 15 Heroin kills. Heroin is addictive, and it is 16 on the rise in this state. And it sends, to 17 me, the wrong signal to the people across this 18 state. 19 Thank you, Madam President. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Thank you. 22 Senator Duane. 23 SENATOR DUANE: Thank you, Madam 24 President. I didn't -- and I hope I don't -- 25 I didn't intend to and I hope it didn't come

Candyco Transcription Service, Inc. 1 across this way, or maybe it did. But really, 2 I didn't mean it. I didn't mean to compare, 3 obviously, Pepsi to heroin. I was more 4 talking about how the program works. 5 In other words, if a pharmacy 6 participates in the program, you can exchange 7 there, similar to if a grocery sells, you 8 know, that kind of soda, you can return it 9 there. 10 I didn't mean to imply that the 11 substance was the same, it was more just to 12 explain how the program works. So I just want 13 to make that point crystal-clear. 14 And then the other thing -- and, 15 you know, I'm under no illusions people are 16 concerned about syringes. But remember, Madam 17 President, the -- I understand the concern 18 about the drugs. And that is the valuable 19 thing, if you will, to someone who's a 20 substance abuser. The syringe part of this is 21 not the -- is not the valuable thing. The 22 drugs -- not the syringe. 23 What this does is it just makes it 24 less likely that the same syringe will be used 25 by more than one person. And therefore -- and

Candyco Transcription Service, Inc. 1 that's why it is a public health issue, for 2 that reason. 3 The issue of addiction and drugs 4 and the menace and what it's doing and has 5 done and can do in the future, that's not what 6 this -- I mean, I understand it's a concern. 7 But we're not making the drug available, which 8 is the valuable thing, we're just making the 9 syringe, which is available already in 10 different ways, less likely to be used by more 11 than one person. And the program makes it 12 more likely that it will be returned and 13 disposed of in a safer manner. So that's what 14 this bill is doing. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Are there any other Senators 18 wishing to be heard on the bill? 19 Hearing none, the debate is closed. 20 The Secretary will please ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT STEWART-COUSINS: 3 Senator Hassell-Thompson, to explain her vote. 4 SENATOR HASSELL-THOMPSON: Thank 5 you, Madam President. Just a point of 6 information. 7 One of the reasons that I have 8 continued to be very supportive of legislative 9 language that allows for the distribution of 10 syringe and exchange is because, having worked 11 in the substance-abusing community for a very 12 long time and watching patients who shared 13 syringes -- 14 ACTING PRESIDENT STEWART-COUSINS: 15 Can we have some order in the chamber, please. 16 SENATOR HASSELL-THOMPSON: -- who 17 shared syringes, as well as shared diseases, 18 it is just terribly important that we 19 recognize that the issues here are really 20 about public health. And that in our ability 21 to do what's in the best interests of the 22 general public is really what this bill 23 development is about. 24 And making sure that we understand 25 that the transmission of blood-carried

Candyco Transcription Service, Inc. 1 diseases continues to increase in our 2 communities, so everything that we can do to 3 reduce the numbers or incidences of that 4 happening, we have an obligation to do so. 5 Therefore, I vote yes. Thank you, 6 Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Hassell-Thompson to be recorded in the 9 affirmative. 10 Are there any other Senators 11 wishing to explain his or her vote? 12 Announce the results. 13 THE SECRETARY: In relation to 14 Calendar Number 868, those Senators recorded 15 in the negative: Senators Aubertine, 16 DeFrancisco, Diaz, Flanagan, Foley, Golden, 17 Griffo, O. Johnson, Lanza, Larkin, LaValle, 18 Leibell, Padavan, Ranzenhofer, Saland, Skelos, 19 Winner and Young. Also Senator Nozzolio. 20 Ayes, 42. Nays, 19. 21 ACTING PRESIDENT STEWART-COUSINS: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 968, by Senator Foley, Senate Print 6912A, an 25 act to amend the Energy Law.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Are there any Senators wishing to be heard on 3 the bill? 4 Hearing none, the debate is closed. 5 The Secretary will please ring the bell. 6 Read the last section. 7 THE SECRETARY: Section 5. This 8 act shall take effect immediately. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Foley, to explain his vote. 14 SENATOR FOLEY: Thank you, Madam 15 President. 16 This is a very important piece of 17 energy conservation legislation. And with 18 this particular bill, we had a similar bill in 19 the Long Island region, and it resulted in 20 doing three salutary things. Number one, it 21 created greater energy savings for a number of 22 homes. Number two, it saved, on average -- 23 according to the Sustainability Institute of 24 Molloy College, it saved over a thousand 25 dollars in energy costs per new home. And,

Candyco Transcription Service, Inc. 1 finally, it also created scores of jobs on 2 Long Island through the HERS rating system. 3 So when we undertake this 4 statewide, Madam President, we'll even have 5 greater savings through energy conservation 6 and we'll also create much more employment 7 opportunities throughout the State of 8 New York. 9 I vote aye. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Foley to be recorded in the 12 affirmative. 13 Are there any other Senators 14 wishing to explain his or her vote? 15 Announce the results. 16 THE SECRETARY: In relation to 17 Calendar Number 968, those Senators recorded 18 in the negative: Senators Alesi, Bonacic, 19 DeFrancisco, Farley, Flanagan, Golden, Griffo, 20 Hannon, O. Johnson, Lanza, Larkin, LaValle, 21 Leibell, Libous, Little, Marcellino, Maziarz, 22 McDonald, Nozzolio, Padavan, Ranzenhofer, 23 Robach, Saland, Seward, Skelos, Volker, Winner 24 and Young. 25 Ayes, 33. Nays, 28.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The bill is passed. 3 Senator Klein, that completes the 4 reading of the controversial calendar. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 can we briefly return to motions and 8 resolutions. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Returning to the order of motions and 11 resolutions. 12 SENATOR KLEIN: Thank you, Madam 13 President. 14 On behalf of Senator Stavisky, on 15 page number 36 I offer the following 16 amendments to Calendar Number 901, Senate 17 Print Number 5954C, and ask that said bill 18 retain its place on Third Reading Calendar. 19 ACTING PRESIDENT STEWART-COUSINS: 20 So ordered. 21 SENATOR KLEIN: On behalf of 22 Senator Oppenheimer, I wish to call up Senate 23 Print Number 7635, recalled from the Assembly, 24 which is now at the desk. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 603, by Senator Oppenheimer, Senate Print 4 7635, an act to amend the Real Property Tax 5 Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 I now move to reconsider the vote by which 10 this bill was passed. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 I now offer the following amendments. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Amendments received. 22 SENATOR KLEIN: Madam President, 23 on behalf of Senator Oppenheimer, I wish to 24 call up Senate Print Number 2003, recalled 25 from the Assembly, which is now at the desk.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 706, by Senator Oppenheimer, Senate Print 5 2003, an act to amend the Election Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Klein. 8 SENATOR KLEIN: Madam President, 9 I now move to reconsider the vote by which 10 this bill was passed. 11 ACTING PRESIDENT STEWART-COUSINS: 12 The Secretary will call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 61. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Klein. 18 SENATOR KLEIN: Madam President, 19 I now offer the following amendments. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Amendments received. 22 SENATOR KLEIN: Madam President, 23 on behalf of Senator Breslin, on page number 24 28 I offer the following amendments to 25 Calendar Number 746, Senate Print Number 1700,

Candyco Transcription Service, Inc. 1 and ask that said bill retain its place on 2 Third Reading Calendar. 3 ACTING PRESIDENT STEWART-COUSINS: 4 So ordered. 5 SENATOR KLEIN: Madam President, 6 at this time there will be an immediate 7 meeting of the Rules Committee in the Majority 8 Conference Room. 9 Pending the return of the Rules 10 Committee, may we please stand at ease. 11 ACTING PRESIDENT STEWART-COUSINS: 12 There will be an immediate meeting of the 13 Rules Committee in Room 332. 14 Pending the return of the Rules 15 Committee, the Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 7:25 p.m.) 18 (Whereupon, the Senate reconvened 19 at 8:22 p.m.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Klein. 22 SENATOR KLEIN: Madam President, 23 I believe there's a Rules report at the desk. 24 I move we adopt the report at this time. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 There is a report of the Rules Committee at 2 the desk. 3 The Secretary will read. 4 THE SECRETARY: Senator Smith, 5 from the Committee on Rules, reports the 6 following bills: 7 Senate Print 1229, by Senator 8 Thompson, an act to amend the Tax Law; 9 1987B, by Senator Duane, an act to 10 amend the Education Law; 11 2061, by Senator Huntley, an act to 12 amend the Public Authorities Law; 13 2784B, by Senator Thompson, an act 14 to amend the Education Law; 15 3071A, by Senator Oppenheimer, an 16 act to amend Chapter 654 of the Laws of 1927; 17 3477, by Senator Perkins, an act to 18 amend the New York State Urban Development 19 Corporation Act; 20 4028A, by Senator Huntley, an act 21 to amend the Education Law; 22 4102, by Senator Aubertine, an act 23 to amend the Tax Law; 24 4194A, by Senator Nozzolio, an act 25 to authorize;

Candyco Transcription Service, Inc. 1 4208B, by Senator Savino, an act to 2 amend the Public Service Law; 3 4281A, by Senator Valesky, an act 4 to amend the Not-for-Profit Corporation Law; 5 4601A, by Senator Stewart-Cousins, 6 an act to amend the Local Finance Law; 7 4625, by Senator Dilan, an act to 8 amend the Family Court Act; 9 4754, by Senator Stachowski, an act 10 to amend the Labor Law; 11 5011B, by Senator Huntley, an act 12 to amend the Education Law; 13 5389A, by Senator C. Kruger, an act 14 to amend the General Obligations Law; 15 5452B, by Senator Huntley, an act 16 to amend the Education Law; 17 5631A, by Senator Savino, an act to 18 amend the Administrative Code of the City of 19 New York; 20 5942, by Senator Stewart-Cousins, 21 an act to amend the Economic Development Law; 22 5953, by Senator Savino, an act to 23 amend the Real Property Tax Law; 24 6034, by Senator Perkins, an act to 25 amend the General Business Law;

Candyco Transcription Service, Inc. 1 6327A, by Senator Lanza, an act to 2 grant; 3 6688A, by Senator Serrano, an act 4 to amend the Public Authorities Law; 5 6696, by Senator Foley, an act to 6 amend the Tax Law; 7 6873B, by Senator L. Krueger, an 8 act to amend the Multiple Dwelling Law; 9 6879A, by Senator Savino, an act to 10 amend the General Municipal Law; 11 6984, by Senator Larkin, an act to 12 authorize; 13 7023, by Senator Huntley, an act to 14 amend the Mental Hygiene Law; 15 7153, by Senator Addabbo, an act to 16 amend the Environmental Conservation Law; 17 7378A, by Senator Squadron, an act 18 to amend the Alcoholic Beverage Control Law; 19 7399, by Senator Peralta, an act to 20 amend the Banking Law; 21 7441C, by Senator Peralta, an act 22 to amend the Public Health Law; 23 7544, by Senator Valesky, an act to 24 amend the Retirement and Social Security Law; 25 7565A, by Senator Parker, an act to

Candyco Transcription Service, Inc. 1 amend the Public Service Law; 2 7591, by Senator Addabbo, an act to 3 amend the Public Authorities Law; 4 7675A, by Senator Stachowski, an 5 act to amend the Tax Law; 6 7715A, by Senator Serrano, an act 7 to amend the Public Authorities Law; 8 7729A, by Senator L. Krueger, an 9 act to amend Chapter 174 of the Laws of 1968; 10 7737A, by Senator Peralta, an act 11 to amend the Alcoholic Beverage Control Law; 12 7757, by Senator Oppenheimer, an 13 act to repeal; 14 7805, by Senator Squadron, an act 15 to amend the New York State Printing and 16 Public Documents Law; 17 7865, by Senator Stachowski, an act 18 to amend the Executive Law; 19 7976, by Senator Squadron, an act 20 to amend the Public Health Law; 21 8028, by Senator Stachowski, an act 22 to amend the Economic Development Law; 23 8066, by Senator Squadron, an act 24 to amend the Banking Law; 25 8070, by Senator Squadron, an act

Candyco Transcription Service, Inc. 1 to amend the Energy Law; 2 8092, by Senator Stachowski, an act 3 to amend the Insurance Law; 4 8114, by Senator Oppenheimer, an 5 act to authorize; 6 8128, by Senator Thompson, an act 7 to amend the Environmental Conservation Law; 8 8171, by Senator Klein, an act to 9 amend the Public Health Law; 10 8173, by Senator L. Krueger, an act 11 to amend the Real Property Tax Law; 12 8268, by Senator Smith, an act to 13 amend the Transportation Law; 14 8279, by Senator Montgomery, an act 15 to amend the Executive Law; 16 And Senate Print 8016, by Senator 17 Stachowski, an act to amend the Public 18 Authorities Law. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT STEWART-COUSINS: 22 All those in favor of adopting the Rules 23 Committee report please signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Opposed, nay. 2 (Response of "Nay.") 3 ACTING PRESIDENT STEWART-COUSINS: 4 The Rules Committee report is adopted. 5 Senator Klein. 6 SENATOR KLEIN: Madam President, 7 can we return to motions and resolutions 8 briefly. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Returning to the order of motions and 11 resolutions. 12 SENATOR KLEIN: Madam President, 13 on behalf of Senator Aubertine, on 14 Supplemental Calendar 68A I offer the 15 following amendments to Calendar Number 1076, 16 Senate Print Number 4102, and ask that said 17 bill retain its place on Third Reading 18 Calendar. 19 ACTING PRESIDENT STEWART-COUSINS: 20 So ordered. 21 SENATOR KLEIN: On behalf of 22 Senator Huntley, on Supplemental Calendar 23 Number 68A I offer the following amendments to 24 Calendar Number 1071, Senate Print Number 25 2061, and ask that said bill retain its place

Candyco Transcription Service, Inc. 1 on Third Reading Calendar. 2 ACTING PRESIDENT STEWART-COUSINS: 3 So ordered. 4 SENATOR KLEIN: Madam President, 5 I would like to withdraw the lay aside for the 6 day and take up Calendar Numbers 617, 624, 7 726, and 625 on the noncontroversial calendar. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The lay aside for the day on the listed bills 10 is withdrawn, and the bills will be put before 11 the house, noncontroversial. 12 SENATOR LIBOUS: Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, Madam 16 President. I just wanted to make note to the 17 Republican members if they could come to the 18 chamber so that we could vote on these bills 19 immediately and move the process along so that 20 we would have a shorter evening. 21 So if members would come to the 22 chamber, we can vote on these three or four 23 bills immediately. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Thank you, Senator Libous.

Candyco Transcription Service, Inc. 1 The Secretary will place Calendar 2 Number 617 before the house, noncontroversial. 3 THE SECRETARY: Calendar Number 4 617, by Senator Montgomery, Senate Print 5 6709C, an act to amend the Family Court Act. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Read the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect on the 60th day. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Young, to explain her vote. 15 SENATOR YOUNG: Thank you, Madam 16 President. 17 I'd like to read this article from 18 Utica WKTV. "A teen wanted in Johnstown is 19 facing charges of rape and robbery after he 20 allegedly attacked a woman on Kemble Street 21 Monday night. 22 "Utica Police said the female 23 victim was walking home from a friend's house 24 on Sunset Avenue around 12:45 a.m. on Monday 25 when she encountered a group of males in the

Candyco Transcription Service, Inc. 1 vicinity of Genesee and Oswego Streets. 2 "The female told police that the 3 males began whistling at her, and one of the 4 males began to follow her. She said that when 5 she got to the area of Kemble and James 6 Streets, the male who was following her then 7 grabbed her from behind and put his arm around 8 her neck. The male then allegedly dragged her 9 behind a house, where he proceeded to sexually 10 assault her. 11 "Utica Police developed a suspect, 12 Rashod Johnson, 17, who was wanted for failing 13 to return from a home visit as he was a 14 resident at the Tryon Youth Facility in 15 Johnstown. 16 "Johnson is charged with 17 first-degree rape, third-degree robbery, 18 resisting arrest, and false impersonation." 19 You know, there was some debate 20 earlier and people were saying, well, Anthony 21 Allen, who killed Renee Greco, this doesn't 22 apply to him, that case has nothing to do with 23 this bill. That is absolutely wrong. We have 24 had increased violence in our facilities. In 25 fact, earlier this year at the Brooklyn

Candyco Transcription Service, Inc. 1 Residential Center, there was a planned attack 2 on a staff member, five New York City police 3 officers had to intervene, and five -- I'm 4 sorry, five youths were charged with assault 5 and the police had to come and mace these 6 youth. 7 We had a riot at Industry earlier 8 this year, 20 youths went wild across the 9 campus. They ended up fighting with each 10 other, but they tried to assault a staff, they 11 actually did. 12 And this is the type of violence 13 that you are moving now from state facilities 14 that at least are a little bit more secure, 15 you are moving it, through this bill, right 16 out into our neighborhoods. 17 Sometimes I think this chamber -- 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Young. 20 SENATOR YOUNG: -- and the 21 Senators on the other side of the aisle are 22 out of touch. I have the sad, sad duty 23 tomorrow to call Renee Greco's family because 24 they vowed after she was murdered -- 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Young, how do you vote? 2 SENATOR YOUNG: -- to make the 3 juvenile justice system more safe. This 4 Senate, by your vote today by voting yes, you 5 have failed. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Young, how do you vote? 8 SENATOR YOUNG: I vote no. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Young to be recorded in the negative. 11 Are there any other Senators 12 wishing to explain his or her vote? 13 Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 617 are 16 Senators Alesi, Bonacic, DeFrancisco, Farley, 17 Flanagan, Fuschillo, Golden, Griffo, Hannon, 18 O. Johnson, Lanza, Larkin, LaValle, Leibell, 19 Libous, Little, Marcellino, Maziarz, McDonald, 20 Nozzolio, Padavan, Ranzenhofer, Robach, 21 Saland, Seward, Skelos, Volker, Winner and 22 Young. 23 Ayes, 32. Nays, 29. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 The Secretary will place Calendar 2 Number 624 before the house, noncontroversial. 3 THE SECRETARY: Calendar Number 4 624, by Senator Montgomery, Senate Print 5 6711B, an act to amend the Executive Law. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT STEWART-COUSINS: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 624 are 17 Senators Alesi, Bonacic, DeFrancisco, Farley, 18 Flanagan, Fuschillo, Golden, Griffo, Hannon, 19 O. Johnson, Lanza, Larkin, LaValle, Leibell, 20 Libous, Little, Marcellino, Maziarz, McDonald, 21 Nozzolio, Padavan, Ranzenhofer, Robach, 22 Saland, Seward, Skelos, Volker, Winner and 23 Young. 24 Ayes, 32. Nays, 29. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 The Secretary will place Calendar 3 Number 625 before the house, controversial 4 calendar. 5 THE SECRETARY: Calendar Number 6 625, by Senator Montgomery, Senate Print 6713, 7 an act relating to the establishment of a 8 pilot program. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Are there any Senators wishing to be heard on 11 the bill? 12 Hearing none, debate is closed. 13 The Secretary will ring the bells. 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect immediately. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Young, to explain her vote. 22 SENATOR YOUNG: Actually, I 23 support this legislation because as I said 24 earlier, Madam President, I think that in our 25 juvenile facilities we need more training, we

Candyco Transcription Service, Inc. 1 need more education, we need more intensive 2 mental health services. 3 This bill actually would provide a 4 vocational skills training program at three 5 facilities, and so I will be voting yes. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Young to be recorded in the 8 affirmative. 9 Are there any other Senators 10 wishing to explain his or her vote? 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 625 are 14 Senators Flanagan, Golden, Griffo, Lanza, 15 Larkin, Libous, Ranzenhofer and Volker. 16 Ayes, 53. Nays, 8. 17 ACTING PRESIDENT STEWART-COUSINS: 18 The bill is passed. 19 The Secretary will place Calendar 20 Number 726 before the house, controversial. 21 THE SECRETARY: Calendar Number 22 726, by Member of the Assembly Weinstein, 23 Assembly Print Number 6192, an act to amend 24 the New York City Civil Court Act. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Are there any Senators wishing to be heard on 2 the bill? 3 Hearing none, the debate is closed. 4 The Secretary will please ring the bell. 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect January 1, 2011. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT STEWART-COUSINS: 12 We'd ask those voting in the negative to 13 please keep their hands up. Thank you. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 726 are 17 Senators Alesi, Bonacic, DeFrancisco, Farley, 18 Flanagan, Fuschillo, Golden, Griffo, Hannon, 19 C. Johnson, O. Johnson, Lanza, Larkin, 20 LaValle, Leibell, Libous, Little, Marcellino, 21 Maziarz, McDonald, Nozzolio, Ranzenhofer, 22 Robach, Saland, Seward, Skelos, Volker, Winner 23 and Young. 24 Ayes, 32. Nays, 29. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 Senator Klein, that completes the 3 reading of the calendar. Senator Klein. 4 SENATOR KLEIN: Madam President, 5 upon unanimous consent I ask that the roll be 6 opened for Senate Bill Number 1987B, for 7 Senator Antoine Thompson to vote. 8 ACTING PRESIDENT STEWART-COUSINS: 9 The Secretary will make the substitution. 10 THE SECRETARY: In relation to 11 Calendar Number 1070, Senator Duane moves to 12 discharge, from the Committee on Education, 13 Assembly Bill Number 3661C and substitute it 14 for the identical Senate Bill Number 1987B, 15 Third Reading Calendar 1070. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Substitution ordered. 18 THE SECRETARY: Calendar Number 19 1070, by Member of the Assembly O'Donnell, 20 Assembly Print Number 3661C, an act to amend 21 the Education Law. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Read the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect July 1, 2012.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT STEWART-COUSINS: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Thompson. 6 SENATOR THOMPSON: I vote aye. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Thompson will be recorded in the 9 affirmative. 10 The roll call is withdrawn and the 11 bill is laid aside. 12 Senator Klein. 13 SENATOR KLEIN: Madam President, 14 I'd like to take up Senate Bill 1987B on the 15 supplemental calendar, Calendar Number 68A. 16 ACTING PRESIDENT STEWART-COUSINS: 17 The Secretary will place Calendar Number 1070 18 before the house, noncontroversial. 19 THE SECRETARY: Calendar Number 20 1070, substituted earlier by Member of the 21 Assembly O'Donnell, Assembly Print Number 22 3661C, an act to amend the Education Law. 23 SENATOR LIBOUS: Lay it aside. 24 ACTING PRESIDENT STEWART-COUSINS: 25 The bill is laid aside.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Madam President, 3 I'd like to go the controversial reading of 4 Senate Bill 1987B on the supplemental 5 calendar. 6 ACTING PRESIDENT STEWART-COUSINS: 7 The Secretary will place Calendar Number 1070 8 before the house, controversial. 9 THE SECRETARY: Calendar Number 10 1070, by Member of the Assembly O'Donnell, 11 Assembly Print Number 3661C, an act to amend 12 the Education Law. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Senator Libous. 15 SENATOR LIBOUS: Madam President, 16 there's an amendment at the desk by Senator 17 Saland. I ask that you please waive its 18 reading and call on Senator Saland to explain 19 the amendment. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The reading is waived. 22 Senator Saland. 23 SENATOR SALAND: Thank you, Madam 24 President. 25 Madam President, the amendment

Candyco Transcription Service, Inc. 1 which I offer substantially parallels an 2 anti-bullying bill -- 1253B, I believe -- 3 which would provide for protection to all 4 students regardless of not merely their 5 ethnicity, their race, their sexual 6 orientation, but all students. 7 So that if a student, for example, 8 was being bullied -- and certainly there's 9 nobody in this chamber who would want to see a 10 bully have his or her way -- were they being 11 bullied because perhaps they were poor or 12 dressed poorly and were the subject of mockery 13 or perhaps they had some facial characteristic 14 with which they were born, some deformation. 15 Perhaps they didn't wear clean clothes and 16 were odorous. The fact of the matter is is 17 that the universe of reasons by which a child 18 is bullied can't be simply defined in a narrow 19 straitjacketed set of classifications. 20 And certainly one cannot deal with 21 the subject of bullying without dealing with, 22 as part and parcel of the problem, the subject 23 of cyberbullying. Because given the anonymity 24 that cyberbullying affords, given the 25 anonymity plus the technology which enables

Candyco Transcription Service, Inc. 1 that anonymity to be so pervasive, so cruel, 2 so intrusive, to not include cyberbullying in 3 a bill intended to deal with bullying is a 4 glaring oversight -- in fact, an error and a 5 gross injustice to each and every student 6 who's been subjected to this indignity. 7 What this bill would do, Madam 8 President -- instead, again, speaking of 9 classifications -- it draws on the recently 10 enacted law in Massachusetts which came on the 11 heels of that godawful tragedy in which a 12 15-year-old girl committed suicide after she 13 was bullied incessantly. 14 And it basically talks in terms of 15 bullying being severe, repeated use by one or 16 more students or school employees of a 17 written, verbal or electronic expression or a 18 physical act or gesture or any combination 19 thereof directed at a student that has the 20 effect of not merely causing injury or 21 emotional harm but placing that student at 22 reasonable fear of harm to himself or herself, 23 creating a hostile environment in school for 24 the student, materially and substantially 25 disrupting the educational process or the

Candyco Transcription Service, Inc. 1 orderly operation of a school. 2 And as I mentioned earlier, 3 bullying by definition would include 4 communications or dissemination of any 5 material through the use of technology or 6 electronic means. 7 Bullying is hateful, it's 8 insidious, and we shouldn't pick and choose 9 those who we're going to deem to be shielded 10 from bullying. This is universal in its 11 application and is not merely, not merely 12 limited to school grounds. This would apply 13 in all situations. So that if somebody was 14 tormenting a child by way of cyberbullying 15 while he or she was in a mall, in her home, at 16 a ballfield, the provisions of this would 17 apply. 18 We do not mandate any particular 19 type of instruction. We basically use the 20 codes of conduct that were provided in the 21 SAVE legislation which was enacted some I 22 believe approximately 10 years ago. 23 Madam President, given the 24 universality of this bill, given the fact that 25 its applicable to any category that might be

Candyco Transcription Service, Inc. 1 contained in the bill in chief and greatly 2 exceeds the coverage of the bill in chief -- 3 not merely exceeds, greatly exceeds. This 4 protection will not rely upon any racial, 5 ethnic, sexual, or any other characteristic 6 clearly defined in the bill in chief as being 7 required before any penalties or any action 8 can occur. 9 This basically says there's an 10 equal sign between abusing someone by way of 11 bullying, regardless of why you choose to do 12 it. If you do it in a jealous rage because 13 you think that someone stole your boyfriend 14 and you're going to get all your girlfriends 15 and boyfriends to abuse that person, to drive 16 them to despair, to isolate them, to make them 17 so sick and so desperate that they may well do 18 harm to themselves, if not take their own 19 lives, that is covered under this bill. That 20 is not covered under the main bill. 21 And I can give you a dozen similar 22 situations, many of which you have seen in one 23 media account or another of someone being 24 driven, driven to take their own life by 25 despair, having absolutely nothing to do with

Candyco Transcription Service, Inc. 1 any of the categories enumerated in the main 2 bill. 3 So while I certainly applaud the 4 sponsor for his efforts on the main bill, this 5 bill in its scope, this bill in its reach, 6 this bill in its ability to deal with the 7 issue of bullying is a far superior vehicle by 8 which to accomplish it. I would urge all of 9 my colleagues to vote in favor of this 10 amendment and protect each and every child 11 that you know who has ever been bullied or may 12 be bullied for any reason whatsoever. Any 13 reason whatsoever. Any reason whatsoever, not 14 a limited universe. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Hannon. 17 SENATOR HANNON: Thank you, Madam 18 President. I rise in support of Senator 19 Saland's amendment. 20 The bill in chief was written years 21 ago, and technology has changed so quickly 22 that we now have the new phenomenon of 23 cyberbullying. After the tragedies that 24 occurred in Suffolk this year, in 25 Massachusetts, reports began to pour in from

Candyco Transcription Service, Inc. 1 parents, from teachers, from social workers as 2 to exactly what's going on. These days a 3 child can be sitting at the dining room table 4 in their house, phone, BlackBerry in hand, and 5 being bullied. And the nature of being a 6 teenager is that you don't want to admit 7 something's going on. You feel that you've 8 done it wrong. 9 And as we've discussed this with so 10 many educators, we've had roundtables in 11 Suffolk, roundtables in Nassau, talked to the 12 students who came up from the Hudson Valley, 13 it's become obvious that there is a crying 14 need to address current standards. In fact, 15 people nationally tell us that New York is one 16 of six or seven states that has not addressed 17 cyberbullying. 18 We don't need to narrow the 19 application of what we address, we need to 20 deal with the entire population of students. 21 Equally. We don't need to make this some type 22 of symbolic thing, we need to make it real. 23 We need to involve students because the 24 cyberbullying can happen in the school, it can 25 happen on the way to school, and it can happen

Candyco Transcription Service, Inc. 1 in the home. So what we need to do is have an 2 educational process, and we need to do it now. 3 I am totally surprised that we have 4 not covered this in the bill in chief, the 5 bill that this amendment seeks to amend. 6 So I would urge people to adopt it. 7 This is a comprehensive statute. You will be 8 doing a great service to the students to the 9 young people of this state by adopting this 10 legislation. 11 Thank you. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Farley. 14 SENATOR FARLEY: Thank you, Madam 15 President. I rise in support of Senator 16 Saland's amendment. 17 This is an area of great personal 18 concern to me, and I'm going to support almost 19 anything in the area of bullying. But Senator 20 Saland's amendment is much more inclusive. It 21 addresses this problem in a much more 22 inclusive way, which I think is so 23 significant. 24 This is an area that needs to be 25 addressed, there's no question about it. And

Candyco Transcription Service, Inc. 1 I think that there isn't anybody in this 2 chamber that isn't concerned about the 3 tragedies that have happened to young people 4 as a result of bullying. And again, as was 5 mentioned by Senator Hannon, this 6 cyberbullying and so forth should be 7 addressed. 8 But there's so many areas, and 9 Senator Saland's approach to this is much more 10 inclusive and I think is a better way to 11 address it. And I do rise in support of it. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Flanagan. 14 SENATOR FLANAGAN: Thank you, 15 Madam President. On the amendment. 16 I listened to my colleagues, and I 17 certainly have great respect for the people 18 who are involved in this debate. But I want 19 to come at it not from a completely different 20 angle but a slightly different angle. And I 21 think it's -- at least from my perspective, 22 it's important to recognize that this is 23 obviously not something that happened in the 24 last 24 hours. In fact, it's not in the last 25 24 months. This is something that's been

Candyco Transcription Service, Inc. 1 years in the making. 2 And now we have this bill before 3 us, and I'm sharing my personal opinion. I 4 think this bill falls far short of where we 5 could be and where we should be. And 6 personally I feel that this is more about the 7 issue than about the resolution of the 8 problem. 9 Now, I've spoken at length with 10 Senator Hannon, Senator Saland. We were in 11 conference today, we listened to compelling 12 words from Senator Farley. And I'm sitting 13 there thinking, why are we doing it this way? 14 I'm standing here as a member of 15 this Senate, but now I'm standing here as a 16 parent. I have three kids, my youngest one is 17 16. And boy, I learned so much from them, and 18 the thing I learned the most is how little I 19 actually know, especially when it comes to 20 technology. 21 But my son Jake, love him to death, 22 in the morning, first thing you do, I go in 23 his room, he's on the laptop. I'm trying to 24 talk to him during the day, he's texting, he's 25 on the computer downstairs. This is a world

Candyco Transcription Service, Inc. 1 of technology. And both of my colleagues 2 alluded to it at some length; we are divorcing 3 ourselves from reality if we don't embrace 4 this problem in its entirety. 5 This bill is not nearly as good as 6 the amendment. The amendment is more 7 encompassing. It deals with cyberbullying 8 because this stuff does not stop at the border 9 of the school playground or the school 10 building or the athletic field. And do I have 11 concerns about the broad reach of that? Yes, 12 I do. Do I think it can be addressed in a 13 fair and equitable fashion to protect people, 14 especially the victims? Yes, I do. 15 Now, in this bill too, nobody 16 talked about another portion of this 17 amendment, aggravated harassment of school 18 personnel. Senator Saland, in his wisdom, has 19 ratcheted up the penalties for people who 20 abuse school district employees. Why not 21 embrace that? Why not take this amendment, 22 champion it, bring the bill back and make it a 23 better bill? 24 Because I don't want to stand here 25 with all of you, or maybe some of us, at some

Candyco Transcription Service, Inc. 1 juncture and say, you know, now we're doing a 2 chapter amendment on cyberbullying and we're 3 reacting to four or five or six more incidents 4 where it could be someone we know, it could be 5 a family member, it could be a friend, it 6 could be a grandchild. I don't want to be in 7 that situation. And, ladies and gentlemen, we 8 don't have to be. 9 This is a solid amendment. This is 10 a good-faith effort to try and address a 11 problem. And the fact that cyberbullying is 12 not addressed is really a tragedy. And we're 13 going to move to the main bill, and there's 14 going to be a lot of plaudits and there's 15 going to be a lot of press releases, but it 16 falls far short of where we should be. We 17 should be doing a better job of protecting 18 students all across the State of New York. 19 So yes, I am frustrated and I think 20 we all should be because we are missing a 21 chance to do something that's good and making 22 it a lot better. I stand in full support of 23 the amendment. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Diaz.

Candyco Transcription Service, Inc. 1 SENATOR DIAZ: Thank you, Madam 2 President. I also rise to support the 3 amendment. 4 In my district, in my schools, for 5 my people, bullying in school is a very 6 serious problem. Parents in my church, 7 parents come to me because they don't want to 8 send their kids to school because of bullying. 9 And I think that yes, we have to 10 open it to every category. Because the 11 dropout, dropouts, most of the dropouts in our 12 community are because of bullying. Children 13 are afraid to go to school, children are 14 afraid to -- to -- because they think they 15 are -- whatever, for whatever reason. 16 And I agree with the amendment, and 17 I'm here to support the amendment. We should 18 include everything in this bill. 19 Thank you. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Nozzolio. 22 SENATOR NOZZOLIO: Thank you, 23 Madam President. Madam President, on the 24 amendment. 25 We in this chamber, through the

Candyco Transcription Service, Inc. 1 years that I served as chairman of the Crime 2 Victims, Crime and Corrections Committee, 3 focused on keeping our laws at pace with 4 technology. Whether it was identity theft, 5 whether it was issues regarding personal 6 privacy and the invasion of new technology 7 into personal privacy, we continually stood on 8 behalf of those who are victimized because of 9 the technology. 10 Often laws can be criticized 11 because they, on the books, couldn't keep pace 12 with the rapidly changing technological 13 advances that we saw in society. This law 14 which is being amended, the law that's 15 proposed, not only doesn't keep pace with 16 technology being on the books, it doesn't keep 17 pace with technology being here before us as 18 we debate. 19 In other words, Senator Saland's 20 amendment does a great job in focusing on the 21 real needs of today and those young people in 22 particular who being victimized time and again 23 by entire technology that is more invasive, 24 more intrusive, more damaging than what we 25 used to see with playground bullies in the

Candyco Transcription Service, Inc. 1 schoolyard or other places in town. 2 We have an opportunity here, by 3 accepting Senator Saland's amendment, to make 4 the law today at pace with those who need the 5 protections the most. I stood on many 6 occasions with young people and their parents 7 who were devastated by invasions of their 8 privacy, by harassment over the Internet, by 9 seeing their reputations ruined on Facebook 10 and MySpace, by seeing the bullying taking 11 place time and again in our own state, in 12 upstate communities, by those who are using 13 technology to advance an agenda that 14 unfortunately the legislation that is being 15 proffered -- not the amendment, but the bill 16 in chief -- fails to address even on the 17 surface. 18 So, Madam President, I believe that 19 Senator Saland's amendment, well designed to 20 keep pace with the technological harassment 21 has been existing, should be accepted. And 22 with that, I urge my colleagues to support the 23 amendment. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Adams.

Candyco Transcription Service, Inc. 1 SENATOR ADAMS: Thank you, Madam 2 President. 3 As a person who has a 14-year-old 4 son that is in the process of doing his second 5 movie -- his first movie was on the importance 6 of education, his second movie that he's doing 7 now is on teen violence and violence among 8 young people. Because what he realized, after 9 several of his friends came to him and they 10 showed him different scars that they received 11 from relationships -- and he took his money 12 and decided that he wanted to do a movie to 13 touch on this issue. 14 So this issue is real. And I 15 respect the passion that Senator Saland 16 showed, and other Senators when they talk on 17 this topic. Something would be wrong with us 18 if we did not have the level of passion that 19 is displayed on the floor, because we're 20 talking about our children. And we're 21 concerned about anyone who treats a child in 22 an unfair manner. 23 Bullying is not new. The tools 24 that are used are new. And I am truly 25 concerned of how do we effectively approach

Candyco Transcription Service, Inc. 1 the issue of using modern-day technology to 2 extend the issue of bullying. But one thing I 3 do not want to do, I do not want to 4 criminalize young people. And when I do a 5 comparative analysis of the two bills and 6 question what is the best approach -- because 7 Senator Duane as well as Senator Saland are 8 trying to reach the final level of making sure 9 our children are safe, and there are several 10 roads to do it. Their roads seem to be 11 different based on what I see in the bills. 12 Senator Duane's bill takes a 13 comprehensive educational approach to it. 14 Senator Saland's bill is more of a bill that's 15 after the child participated in a bullying 16 action of how to we go about to penalize them 17 in a punitive fashion. I believe that's the 18 wrong approach. Because I disagree does not 19 mean Senator Saland does not have a right to 20 his belief. I think that's the wrong 21 approach. 22 Not only that, I always try to stay 23 in my lane. Things that I don't know -- 24 because someone pulled a lever and allowed me 25 to be elected to the Senate does not mean all

Candyco Transcription Service, Inc. 1 of a sudden I'm an expert on everything. So 2 what I don't know, I sit down to the experts 3 who understand a particular venue and I ask 4 them what's the best approach to reach the 5 results that we're looking at. 6 When I realize that 130 7 organizations support Senator Duane's 8 approach, the Anti-Defamation League supports 9 his approach, and countless number of other 10 organizations believe that we need to have a 11 comprehensive approach of how do we take a 12 child who's bullying, particularly when you 13 look at the numbers, Senator Duane, and you 14 understand that many children who abuse are 15 coming from abusive households and abusive 16 relationships. 17 So if we do not make a 18 comprehensive approach of taking that child 19 who's abusing and have him understand what 20 he's doing wrong prior to him being a bully, 21 then we're making a big mistake. 22 So I think that Senator Duane's 23 bill attempts to do that. Is it a perfect 24 bill? Some would say no. I think it's the 25 first step that we need to take to deal with

Candyco Transcription Service, Inc. 1 the very real issue of bullying in our 2 schools. 3 So I commend you, Senator Duane, 4 for this bill. I commend you for 5 understanding that the answer to our children 6 does not simply lie in handcuffs. A civilized 7 society does not merely believe that the mere 8 fact a child that is bullying or has bullying 9 tendencies should be not be helped in a 10 comprehensive fashion. That's what the 11 experts say we ought to be doing, that's what 12 you're saying we ought to be doing. 13 And it does not mean the passion 14 that Senator Saland and others bring to that 15 issue is wrong to bring that passion. We all 16 have that passion. And I hope that passion 17 lives out in my child's movie that indicates 18 why we must stop violence among our young 19 people. 20 Thank you. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator DeFrancisco. 23 SENATOR DeFRANCISCO: I thought 24 when we were getting into this new, better 25 leadership in government we were going to

Candyco Transcription Service, Inc. 1 actually look at bills, bring out the best 2 bills, and have a fair debate and really 3 consider the bills. 4 Now, it boggles my mind how the 5 more expansive bill that is the amendment, 6 that punishes and tries to protect against all 7 forms of bullying, cannot possibly be better 8 than one that sets out certain protected 9 categories depending upon, in this case, what 10 is important to the sponsor. And that's 11 obvious to anybody that's reading these bills, 12 it's a list of things, what's important to the 13 sponsor. 14 I know when I was growing up -- 15 you'll find this hard to believe -- I was one 16 of the smallest kids. 17 (Laughter.) 18 SENATOR DeFRANCISCO: Do you 19 think smallest kids get picked on, or the kids 20 that have a weight problem? Well, under this 21 amendment, the little guy who happens to get 22 picked on by the big guy is actually covered. 23 And my goodness, he may not be of a certain 24 sexual orientation, but on the other hand, 25 he's covered. Or she's covered.

Candyco Transcription Service, Inc. 1 On the other hand, under Senator 2 Duane's bill, if you happen to be 3 overweight -- or underweight, I guess, because 4 it talks about weight -- you're covered. Now, 5 tell me the logic behind that. There's 6 certain protected classes that are on Senator 7 Duane's mind that he thinks it's important to 8 advocate for. Therefore, the bill is limited 9 to that extent. 10 Now, anybody who's honest with 11 themselves knows that's what's going on. And 12 every group that supports Duane's bill has to 13 support this amendment because it's more 14 expansive. It's more expansive, includes all 15 types of bullying. 16 So if we look at this honestly, we 17 should support the amendment because it's 18 all-inclusive -- on or off the school grounds, 19 cyberbullying, every type of bullying. As 20 opposed to sending a message towards a certain 21 class of individuals who have a certain 22 agenda. 23 So with that said, I'm going to 24 strongly support this amendment. And I would 25 ask everyone on the other side of the aisle to

Candyco Transcription Service, Inc. 1 look at this honestly and see what you read 2 and what bill is the most expansive bill, and 3 support that one, not some one individual's 4 political agenda. Because I'd like to 5 protect -- being still not a very big guy, I'd 6 like to protect the little guys as well. 7 Thank you, Madam President. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Robach. 10 SENATOR ROBACH: Yes, Madam 11 President. I too rise to support this. 12 This is obviously a very important 13 issue that unfortunately for all of us -- as 14 representatives, parents, many of us, regular 15 citizens -- is unfortunately growing. And not 16 only is it growing, it's growing in different 17 ways. As many of my colleagues have pointed 18 out, unfortunately has caused a lot more 19 damage, I guess, as Senator DeFrancisco 20 pointed out, than when we were kids. 21 So I think it is important that we 22 do this right. I wanted to comment a little 23 bit because I think this is important. We 24 have an opportunity here to amend this in one 25 sweep and really make this well. It won't

Candyco Transcription Service, Inc. 1 change one other thing to what's been in 2 there. And what Senator Adams said is 3 inaccurate. This does not make anyone a 4 criminal for bullying at all. Some of us -- I 5 would probably be willing to vote for that. 6 That's not in this bill. 7 This bill simply says we are going 8 to be more inclusive in who we cover, and 9 we're going to take today's technology -- 10 which I don't have a statistic, but having 11 worked for Monroe County Department of Public 12 Safety, working very closely with Adam Walsh 13 Center, other places, I know that a lot of the 14 ways kids get approached, not only for 15 bullying but even for sexual abuse, is via the 16 computer. 17 I implore you, all of you, 18 especially the sponsor of the bill, let's do 19 this the right way. Let's do the amendment. 20 We can do it right now, today, end the debate 21 and move forward. It does not diminish 22 anything on the main bill, but just makes it 23 more inclusive across the board. 24 And there really is no reason not 25 to do it. You want to talk about

Candyco Transcription Service, Inc. 1 bipartisanship and working together, I'd like 2 to think that our children are more important 3 than any individual or anything else. And I'd 4 ask you in the most sincere, kindest way, 5 let's do this amendment and do the right 6 thing. We'll be able to walk out of here 7 proudly. 8 Thank you. I support the amendment 9 wholeheartedly. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Ranzenhofer. 12 SENATOR RANZENHOFER: Thank you, 13 Madam President, on the amendment. 14 You know, this is a very emotional 15 and a very sensitive topic. And it's one of 16 one that really cuts across all age groups, 17 sexes, regardless of the color of your skin. 18 It's pervasive in terms of the way kids 19 interact with each other and really how mean 20 they can be towards each other. 21 Now, a few weeks ago I had the 22 opportunity to go to one of the schools in my 23 district, and they had an anti-bullying 24 campaign where there's a competition among the 25 different schools in the district, and they

Candyco Transcription Service, Inc. 1 were demonstrating coming up with different 2 logos and banners to talk about this subject. 3 And I can tell you that the 6th graders in 4 this school were far beyond, in terms of 5 comprehension and understanding of the issue, 6 than any Senator in this chamber, no matter 7 which side of the aisle that you're on. 8 And I had an opportunity to talk to 9 the kids and to participate in their program 10 for the day. And the title of the program was 11 "Build Up, Don't Tear Down." And that was the 12 logo and the title that won on this particular 13 subject. 14 And there were a couple of things 15 that I learned from attending this particular 16 function in the school. And that is that, you 17 know, there were kids there of different ages, 18 many different backgrounds -- rich, poor, 19 black, white. But the important thing for the 20 kids is that no matter who you are, whether 21 it's Senator DeFrancisco's example of whether 22 you're a small kid or a large kid, or you're 23 white or black or you're male or female, you 24 know, the classification to the kids didn't 25 really matter.

Candyco Transcription Service, Inc. 1 Now, I know it's important in the 2 dialogue that we've had here and, you know, 3 whether it's the amendment from Senator Saland 4 or Senator Duane's bill. But to the kids that 5 are actually affected by this, they just want 6 to be protected. You know, they don't really 7 understand the different classes of people 8 that we're dealing with. They just want to 9 feel safe in their school. 10 And that's why I support the 11 amendment. Because the kids aren't looking up 12 the definition of who's covered and who's not 13 covered, they just want to be protected. They 14 don't know whether they fall in a class or out 15 of a class, they just want to be protected. 16 And I think that's what we're 17 losing sight of here, is who's protected, 18 who's not protected, who's in, who's out. And 19 that's actually part of the problem with kids, 20 is who's cool and who's not. 21 It doesn't really matter. 22 Everybody really deserves the same type of 23 protection. Again, whether you're picked on 24 on the playground and you're pushed around or 25 you're punched, or you're sitting at home and

Candyco Transcription Service, Inc. 1 the emails and the texts are going out that 2 so-and-so did this in the classroom and then 3 the person is then subject to ridicule. 4 And, you know, again, when you're 5 dealing with young kids, whether they're 12 -- 6 I mean, their emotional framework is something 7 that is just very hard to understand. They're 8 hot, cold, on and off. And again, you know, 9 it doesn't really matter to them whether 10 they're picked on and pushed around or whether 11 these emails or texts are going out to the 12 whole class telling everybody what a bad 13 person this is. 14 You know, whether you're in the 15 class or not in the class, they just want to 16 be protected. They don't care whether it 17 happens on school property or, as someone 18 alluded to earlier, whether you're in your 19 living room watching TV or you're up in your 20 room on your computer. They just want to be 21 protected. 22 And that's what troubles me about 23 the dialogue and the conversation that we're 24 having here, is why you wouldn't want to help 25 every kid. Why do you only want to help some

Candyco Transcription Service, Inc. 1 of the kids? And I think that's a very 2 important distinction and something that the 3 sixth graders in the school got, and we don't 4 really seem to get it here in this chamber. 5 So I'm going to be supporting the 6 amendment because it's more inclusive, it 7 really goes to the heart of matter, which is 8 protecting every child regardless of whether 9 you're in a category that's in a bill that's 10 under consideration or you're not in the bill. 11 Thank you, Madam President. 12 ACTING PRESIDENT STEWART-COUSINS: 13 Senator Alesi. 14 SENATOR ALESI: Thank you, Madam 15 President and my colleagues. 16 I'm going to support this amendment 17 because I think it does so many good things 18 on, as what Senator DeFrancisco says, a much 19 broader range, dealing with cyberbullying and 20 things that the bill in general does not. 21 But in anticipation of the failure 22 of this amendment, I think I will be much more 23 loquacious in giving my reasons for why I am 24 going to support the bill in general. 25 But in the meantime, I will support

Candyco Transcription Service, Inc. 1 this amendment, and I look forward to voting 2 yes on the bill on chief. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Are there any other Senators who wish to be 5 heard on the amendment? 6 Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 I certainly rise to support the amendment 9 because I know it is more inclusive in 10 protecting our children from the new 11 technology and any type of bullying. 12 You know, a number of times, 13 Senator Duane, you've proposed legislation in 14 this house that you felt there wouldn't be one 15 Republican vote to support it. And I remember 16 a very emotional evening last year where you 17 had a specific bill, you urged us to support 18 it, and I would say almost every single person 19 on this side of the aisle respected your 20 opinion and we did support it. 21 The amendment that's been proposed 22 by Senator Saland, I think every single one of 23 us in this chamber, including yourself, know 24 that this would make the bill a better bill. 25 So I would urge you, with the sense

Candyco Transcription Service, Inc. 1 of fairness that you've seen from us, from the 2 Republicans on this side of the aisle, that 3 you either support the amendment or lay your 4 bill aside so that we can make it even a 5 better bill that can be voted upon in this 6 legislative session. 7 I urge you to do that on your sense 8 of fairness, and I thank Senator Diaz for 9 supporting this amendment. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Are there any other Senators that wish to be 12 heard on the amendment? 13 The question is on the nonsponsor 14 motion to amend Calendar Number 1070. Those 15 Senators voting in support of the nonsponsor 16 amendment please raise your hands. 17 Announce the results. 18 THE SECRETARY: Ayes, 30. Nays, 19 8. 20 ACTING PRESIDENT STEWART-COUSINS: 21 The motion fails. 22 Now returning to the bill in chief, 23 are there any Senators wishing to be heard on 24 the bill? 25 Senator Duane.

Candyco Transcription Service, Inc. 1 SENATOR DUANE: Thank you, Madam 2 President. 3 I do want to talk on this bill. 4 it's a very important bill for many, many 5 reasons and to many, many people. And it is a 6 very important bill for I hope not too many 7 generations, but certainly for at least a 8 generation or two to come. 9 I think it's commonly known and the 10 data proves that a student's ability to excel 11 in school can be seriously hampered by 12 bullying or taunting or any kind of 13 intimidation. And of course once that has 14 occurred, it doesn't matter how the 15 perpetrator is treated, because the damage has 16 already been done through the bullying or the 17 intimidation or the taunting. 18 This legislation is designed, 19 written, crafted to providing training and 20 education to students, to staff, at an 21 age-appropriate level, regarding bullying, 22 harassment and discrimination. And the bill 23 is somewhat vague for a reason, because it's 24 supposed to be flexible. It's supposed to 25 give control to local school boards. State

Candyco Transcription Service, Inc. 1 Education is certainly good at and will be 2 setting model policies. But "Dignity" is 3 really just a road map. 4 This legislation applies only to 5 public schools, only to public schools. And 6 it encompasses activities, it is true, on 7 school grounds or at school functions, and 8 it's purposely crafted that way. And what I'm 9 about to say will make sense in the context of 10 what I just said and for a whole host of other 11 reasons. This bill will protect First 12 Amendment speech. And again, it's narrowly 13 crafted, narrowly constructed based on Supreme 14 Court rulings. 15 So harassment is narrowly defined 16 as verbal threats, conduct, intimidation or 17 abuse that unreasonably and substantially 18 interferes with a student's educational 19 performance, opportunities, benefits or 20 mental, emotional or physical well-being. 21 Anything that a student may say that doesn't 22 fit that standard is not classified as 23 harassment. 24 Now, there are categories spelled 25 out, purposefully, because these are

Candyco Transcription Service, Inc. 1 categories which we know are the most widely 2 in the realm of where harassment and 3 intimidation and discrimination take place. 4 So yes, a person's actual or perceived race, 5 color, weight -- not overweight, not 6 underweight -- weight, national origin, ethnic 7 group, religion, religious practice, 8 disability, sexual orientation, gender or 9 sex -- again, because these are categories, 10 most commonly found to have problems. 11 So -- and many of my colleagues 12 have raised this -- it is not limited to. 13 These are explicitly included, but nothing is 14 precluded. So if you are taunted because you 15 are overweight or because you're thin or 16 because you have an overweight brother or you 17 have a gay brother, you're covered. And 18 you're not allowed to be made fun of. And 19 maybe then you'll be less ashamed if you have 20 an overweight brother or sister or a gay 21 brother. Maybe you won't be so ashamed of 22 that. 23 Nothing in this bill would trump 24 Title VII, which I'm sure people know is 25 gender equality in sports. Nothing trumps the

Candyco Transcription Service, Inc. 1 Rehabilitation Act. That also trumps Dignity. 2 Dignity is only designed to fill in any void. 3 And this bill is a prevention bill. 4 It's not a punish after the fact, damage has 5 been done already. It's to prevent. It's a 6 prevention bill, it's an education bill, it's 7 a bill that provides for enormous local 8 control because localities know best. Dignity 9 builds on preexisting reporting requirements 10 that exist to State Ed already. So it is 11 designed to not be burdensome to localities 12 and to local school districts. 13 Now, had we passed this legislation 14 in 2006 -- and believe me, I would have wanted 15 to. And in 2006 the Assembly passed Dignity 16 by a vote of 138-5; in 2007, 125-7; in 2008, 17 130-9; in 2009, 311-5; and, the best year 18 ever, this year, 138-4. So that is the bill 19 that the Assembly has passed since 2006. And 20 of course I wish we had passed it then, but we 21 didn't. So we're catching up. 22 We are catching up as quickly as 23 possible. They've already passed it this 24 year. And I'm not even going to get into who 25 do what first, but -- so they've done it five

Candyco Transcription Service, Inc. 1 times. I would very much like to see us pass 2 it this year for the first time and then see 3 the Governor sign it into law. 4 Now, I believe that because this is 5 an educational bill, it will diminish 6 cyberbullying. Remember, this legislation 7 talks about on school grounds or at school 8 functions, but the educational component of it 9 should discourage cyberbullying. 10 In all candor, I motioned for my 11 bill to go to the Education Committee, and 12 Senator Saland did not motion his bill. It 13 was very important to me. If it had been that 14 important, our rules provide a way to motion 15 it and bring it to a committee. And that's 16 what I did. 17 And when I did that, the School 18 Boards Association took an even closer look at 19 it, and they took away their objection to it. 20 So our rules worked magnificently, and now the 21 bill is here on the floor. I worked my bill, 22 and here we are. 23 This is a huge step. Not the end, 24 we do need to build on it. And I hope we will 25 build on it. And I welcome everyone's help in

Candyco Transcription Service, Inc. 1 building on it. But first we have to pass 2 this one. First we have to get this one 3 signed into law. And I wish we had done it 4 before, but we didn't. But here we are. 5 And then I hope that -- there may 6 be questions; I don't know. I hope I've said 7 generally why this legislation is so important 8 to every child in every school, every teacher 9 in every school, every member of the school 10 family. That this is a very important piece 11 of legislation for everyone. 12 And if I hadn't been so afraid in 13 schools, I would have done better in school. 14 You know what? God works in mysterious ways. 15 I became a late bloomer, I guess. 16 And I want to just talk about one 17 other thing, and it's certainly my experience, 18 but I don't think it's unique. We heard 19 testimony when we had a hearing on this a few 20 years ago before I was sitting -- before we 21 reversed sides of the chamber, and some 22 Senators were there. One little girl who 23 lived in Ithaca, she was the only 24 African-American girl on her bus. She was 25 bullied. Her mother complained. The

Candyco Transcription Service, Inc. 1 punishment was that she was not allowed to 2 ride the bus anymore. That was how they 3 solved the problem, by putting the little girl 4 off the bus who was being bullied. 5 When I first came here and I 6 introduced this bill, I was staying at the old 7 Howard Johnson's. The day after I introduced 8 the bill, there was a story in the local paper 9 about it, and the man behind the desk said to 10 me, "I hope that bill passes." It was 1999. 11 "I hope your bill passes," he said. "My 12 younger brother's disabled, and all of the 13 kids make fun of him all the time in school." 14 This bill has passed several times 15 overwhelmingly in the Assembly. I urge my 16 colleagues to please vote for this bill. And 17 if you know anything about my and my work 18 here, I don't think I've ever passed a bill of 19 importance here without bipartisan support. 20 I'm hoping that's how it's going to be today 21 as well. 22 And as I always have been and I 23 always will be, I am absolutely open to 24 including everyone who wants to work with me 25 on any issue, and in this case, especially on

Candyco Transcription Service, Inc. 1 the issue of making schools safer for 2 everyone, for everyone in the school family, 3 and to deter unsafe conditions before they 4 occur. 5 Thank you, Madam President. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator. 8 Senator Perkins. 9 SENATOR PERKINS: Thank you, 10 Madam President. I'm going to be brief. 11 First I want to acknowledge my 12 appreciation for the discussion, the debate. 13 Even as I may disagree with my colleagues on 14 the other side, I do very much appreciate the 15 perspective that they brought to this. 16 But I want to commend Senator Duane 17 for his leadership on this bill and, by the 18 same token, recognize my Assemblyman up there 19 in the gallery, Danny O'Donnell, for his role 20 in the Assembly. 21 This I believe is a bill that may 22 be specific in terms of identifying some of 23 the historic victims, but by its title, 24 Dignity for All, it's very expansive. And I 25 believe that the intention is being fulfilled

Candyco Transcription Service, Inc. 1 because it's already begun to discuss more 2 than just those who are identified and the 3 need to be more expansive -- and I believe it 4 will be more expansive, because it has raised 5 the consciousness of us all, not just about 6 what's happening with this particular group 7 but what's happening in other ways as well. 8 In fact, it's very catalytic in 9 that respect in terms of how the civil rights 10 movement was. While it was a movement that 11 was very specific in many respects, 12 nevertheless it was expansive and inclusive in 13 terms of recognizing that the same inequities 14 that some experienced, others were 15 experiencing as well. And so the movement 16 grew to be more and more expansive. And we're 17 all the better because of that specificity. 18 And so I think this bill in that 19 tradition of the civil rights movement, that 20 while having some specific focus, it was very 21 inclusive and grew to be something that so 22 many of us were able to appreciate and to 23 benefit from. 24 Thank you very much. I want to 25 vote aye on this bill. I think it's a very

Candyco Transcription Service, Inc. 1 important bill. Thank you for the vision, and 2 thank you for the inclusiveness. 3 ACTING PRESIDENT STEWART-COUSINS: 4 Thank you, Senator. 5 Senator Craig Johnson. 6 SENATOR CRAIG JOHNSON: Thank 7 you, Madam President. On the bill. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Senator Johnson, on the bill. 10 SENATOR CRAIG JOHNSON: I want to 11 first thank Senator Tom Duane for his 12 continuing dedication with respect to this 13 piece of legislation. I know how hard he has 14 worked in the drafting and redrafting and 15 addressing the issues brought by a variety of 16 different groups and individuals to make sure 17 that we here in New York State and state 18 government do our best to protect our 19 students, to protect them from harassment and 20 protect them from bullying. 21 First, if I can, I want to address 22 very briefly the issue of the amendment that 23 was defeated just very recently. I found 24 myself in reviewing the amendment troubled by 25 the fact that I don't think it went far

Candyco Transcription Service, Inc. 1 enough, and that's why I opposed the 2 amendment. The amendment didn't do enough. I 3 agree, like everybody else in this chamber, 4 that we must do more when it comes to 5 cyberbullying. 6 But one of the biggest problems 7 that kids face when it comes to cyberbullying 8 is where that bullying occurs. It occurs on 9 school grounds -- I think one Senator 10 displayed his trusty BlackBerry as evidence of 11 how to cyberbully. You can do it in school 12 and on school grounds. 13 Where the real problem when it 14 comes to cyberbullying occurs is it occurs on 15 computers in somebody's home, when kids go 16 home from school, when they get behind the 17 computer, oftentimes unattended, and they 18 proceed to take the bullying actions. That's 19 not covered and that wasn't covered by the 20 Republican minority's amendment. 21 The amendment talked about how any 22 student or school employee found to be in 23 violation of subdivision 2 of this section in 24 a public school or on school property. 25 Nowhere does it talk about on the corner, away

Candyco Transcription Service, Inc. 1 from school property, some other location. If 2 that occurred, by their own amendment, that 3 child, that student, that young adult wouldn't 4 be covered under this amendment. Didn't go 5 far enough. 6 Senator Saland. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Saland, why do you rise? 9 SENATOR SALAND: Madam President, 10 would Senator Johnson yield? 11 SENATOR CRAIG JOHNSON: I'll 12 gladly yield for a question. 13 SENATOR SALAND: Let me call your 14 attention to Section 28-03. And would you 15 like to read along with me, subsection 1? 16 SENATOR CRAIG JOHNSON: Sure. 17 SENATOR SALAND: "For purposes of 18 this section, the term 'bullying' shall mean a 19 severe or repeated use by one or more students 20 or school employees of a written, verbal or 21 electronic expression or a physical act or 22 gesture or any combination thereof directed at 23 a student that has the effect of." Have we 24 seen anything about school grounds yet in 25 here?

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: No, I was 2 looking at subdivision 3, Senator Saland. As 3 you define your -- in your -- 4 ACTING PRESIDENT STEWART-COUSINS: 5 Gentlemen. Gentlemen. 6 SENATOR CRAIG JOHNSON: I want to 7 finish the answer. 8 What you are doing in subdivision 1 9 is providing the definition of "bullying." 10 What I'm pointing to, Senator Saland, is 11 subdivision 3 -- well, first, if you look at 12 subdivision 2, where you say "no student or 13 school employee shall subject to any student 14 at a public school or a publicly funded 15 special education program to bullying as 16 defined in this section." 17 Then, if you go to subdivision 3, 18 you say "any student or school employee found 19 to be in violation of subdivision 2 of this 20 section in a public school or on school 21 property shall be subject to disciplinary 22 action." So the way I interpret it, maybe 23 it's different than the way you interpret 24 it -- which is that we'd have to go to court 25 to see how the courts would interpret it -- is

Candyco Transcription Service, Inc. 1 if a student is sitting in his home, on his 2 own computer, my concern, my concern is that 3 he or she would not be subject to your crafted 4 amendment. 5 Now, if we could work together on a 6 cyberbullying bill that would address that 7 issue, I would gladly work with you and 8 Senator Hannon, because I know how hard 9 Senator Hannon's been working on this issue, 10 to address it. But that's not covered in this 11 amendment tonight. 12 SENATOR SALAND: Well, I'll 13 respectfully disagree with you. 14 SENATOR JOHNSON: I'll continue 15 to yield, by the way. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Well, you know, the question is, is there a 18 question, Senator Saland? Do you want Senator 19 C. Johnson to yield for a question? 20 SENATOR SALAND: Well, if you 21 then would like to prevail upon Senator Duane 22 to lay the bill aside so that we can do that, 23 perhaps we can accomplish that and have a bill 24 tomorrow and take care of this the way it 25 should be taken care of.

Candyco Transcription Service, Inc. 1 SENATOR CRAIG JOHNSON: I don't 2 know if Senator Saland would allow me to 3 continue my being on the bill. I'll certainly 4 talk about what I think has to be accomplished 5 tonight and other things going forward. 6 But to answer your question is I 7 believe tonight what's the most important 8 thing tonight is passing Senator Duane's bill 9 and then taking the next step going forward. 10 But I think the problem is is that 11 throughout this process, what this 12 amendment -- while good intentioned, didn't go 13 far enough. And I'm willing to support those 14 efforts, like you've done in the past, when 15 you were in the majority and cyberbullying 16 bills had come before this house. I'll 17 continue to support them. 18 But this amendment didn't go far 19 enough, and I think that's what we have to 20 address. And I'm happy to do that in a 21 separate piece of legislation working with 22 yourself and Senator Hannon. But tonight, and 23 now -- 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator Johnson, you still have the floor.

Candyco Transcription Service, Inc. 1 Senator Saland, after Senator 2 Johnson, please. 3 SENATOR SALAND: Thank you. 4 SENATOR CRAIG JOHNSON: The other 5 thing I think what's important to address, if 6 I could, on the amendment, and something that 7 we should address going forward, to my 8 colleagues in the Republican minority and my 9 colleagues in the Democratic majority, is in 10 looking at the language of the amendment I 11 think there are other things we have to 12 protect, Senator Saland. 13 We talk about protecting the 14 student property. Agreed. But I think we 15 also have to protect the student reputation. 16 That's not necessarily covered here. Maybe it 17 could be interpreted. But I think when we're 18 talking about cyberbullying and the effects on 19 students, we need to be specific. We need to 20 be inclusive. We need to go further. And 21 that's what we need to do. 22 I think what we also need to do is 23 we need to address the issue of cyberbullying 24 on the college campuses. And we need to have 25 that ability. We're covering here the lower

Candyco Transcription Service, Inc. 1 schools, but when they graduate as seniors in 2 high school, they go on to college, or 3 community college. It's not as if bullying 4 starts or stops. They're adults. Now, that 5 may take the form of harassment, and we have 6 that charge, and it's appropriate. But if 7 they're 17 and they're committing that act, is 8 it harassment or is it bullying? We need 9 address that. And I think it's appropriate to 10 do that. 11 But the amendment didn't go far 12 enough, and I'm not prepared to support an 13 amendment that only covers half the pie. I 14 want the full pie. 15 So let's talk about Dignity, and 16 let's talk about Senator Duane's bill. That's 17 the bill before us today, and it's taken years 18 to get here. And hopefully tonight it finally 19 gets done, because our students in the public 20 schools deserve it. 21 They also, Senator Duane, with all 22 due respect, deserve it in the parochial 23 schools and the private schools. And by the 24 way, the amendment didn't cover parochial 25 schools or private schools. I believe

Candyco Transcription Service, Inc. 1 cyberbullying occurs in those establishments 2 as well. We have to address that. Again, we 3 can't go halfway, we've got to go all the way. 4 Senator Duane, I implore you, as we 5 move forward, if we pass this bill tonight -- 6 and I hope we do -- we need to address those 7 issues as well. Dignity for all students, 8 whether it's the public schools, parochial 9 schools, private schools. 10 But we have the bill before us 11 tonight, and we can all cite the instances and 12 examples and the tragedies that have occurred 13 for our students, our children. Eric Adams, 14 my friend Eric Adams talked about his 15 14-year-old. I've got the 8-year-old. And 16 the 5-year-old and the 8-1/2-month-old. 17 But my 8-year-old, just like 18 Senator Ranzenhofer talked about the 19 sixth-graders who know about computers, my 20 8-year-old knows about computers. And he 21 likes to play with daddy's BlackBerry, and he 22 likes to play the games. The problem is, when 23 he's 9 and 10, he's going to start asking for 24 a cellphone to have in case of emergency. And 25 I'm told that kids are starting to get them at

Candyco Transcription Service, Inc. 1 9 and 10 and 11, for emergency purposes, and 2 that unfortunately those purposes expand. 3 We have to do more for our kids. 4 This bill starts that process. I want it to 5 go further, I do. At this juncture, we need 6 to support this bill. Starting tomorrow, 7 Senator Duane, we need to work together to 8 take it the next step. And I'm prepared to 9 work with you on that. And hopefully my 10 colleagues on the Republican side will do so 11 as well. 12 So tonight I support this great 13 bill. I need to make it a fantastic bill, but 14 tonight it's just great. I thank you, Senator 15 Duane. I'll be voting yes on the bill. 16 Thank you very much, Madam 17 President. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Senator Alesi. 20 SENATOR ALESI: Thank you, Madam 21 President, my colleagues. 22 I'm going to support this bill, and 23 that probably should come as no surprise since 24 I already announced that a few minutes ago. 25 But some of my colleagues who question the

Candyco Transcription Service, Inc. 1 fact that why would we want to target specific 2 people in a bill like this -- and I appreciate 3 those concerns and observations. Because, as 4 I said when we were talking about the 5 amendment, that that was far more 6 encompassing. It was broader. It does deal 7 with the real situation of cyberbullying and 8 off-campus bullying and the persistent 9 persecution of people by electronic means. 10 But I understand what the sponsor 11 is trying to accomplish by being specific 12 here, as I also understand why Senator 13 DeFrancisco, for example, questioned why it 14 has to be specific and why it shouldn't just 15 cover everybody. 16 So I guess when you're looking at 17 what you want to do, you just have to say we 18 have to address the situation of bullying at 19 any and every level we can. I think I would 20 join Senator Johnson in offering to work to 21 make this bill better if Senator Duane were 22 willing to do some amendments later on. But 23 obviously the bill is before us right now, and 24 that's not going to happen. 25 So I can tell you why, in my view,

Candyco Transcription Service, Inc. 1 we need to be specific, why this bill says 2 that nobody should be bullied for all of these 3 following reasons: The person's actual or 4 perceived race, their color, their weight. 5 Parenthetically, Senator Duane, there is a 6 small imperfection in here that was pointed 7 out by Senator DeFrancisco. You include 8 weight, but not height. We should work on 9 that. 10 I say that rather lightheartedly, 11 but it does underscore what Senator Johnson 12 was saying, and some of my colleagues. We 13 need to clean this bill up a little bit. But 14 let's move forward. 15 National origin, ethnic group, 16 religion, religious practice, disability, 17 gender, or sex. Oh, I left something out. Or 18 sexual orientation. 19 So why would we want to be specific 20 about it? In my view, it's pretty clear. 21 Because kids look for vulnerability. Bullies 22 don't pick on the biggest, toughest, most 23 popular people, they look for the weaknesses 24 in others. That's what bullies do. And their 25 own weakness that's inherent to every bully --

Candyco Transcription Service, Inc. 1 because every bully is a weak person -- they 2 seek out the vulnerabilities. And that's why 3 we have to talk about ethnicity and color and 4 race and gender and weight and sexual 5 orientation. Because those are targets. 6 Nobody bullies vanilla ice cream. 7 I heard somebody say, When we were 8 kids, we did this, we bullied these kids or 9 those kids. I have my own experiences. 10 There's not anybody in here that hasn't had 11 some experience either being bullied or being 12 a bully. And let's be honest about it. I'm 13 sure that we've all had that experience or 14 maybe joined in some kind of bullying 15 activity. But the fact of the matter is you 16 target people when you bully them. 17 And in my, you know, growing up it 18 was the kids that lived in the trailer parks 19 because they were poor. Yeah, they got 20 bullied and they got picked on. Okay. There 21 were kids that walked down the wrong side of 22 the street, they got picked on because they 23 were Catholics going to the Catholic school. 24 Or if they were the first Italian on the 25 block, they got pushed in the pricker bushes.

Candyco Transcription Service, Inc. 1 That's bullying. 2 And somebody said earlier that 3 cyberbullying is worse, more damaging. I 4 don't know if that's true. Why, because the 5 whole world knows that somebody is being 6 bullied? Maybe. But I can tell you that 7 whether you're being emotionally bullied or 8 physically bullied, you don't see the scars. 9 The scars of your youth are more often than 10 not worn on the inside. You carry those with 11 you. 12 So if it's your sexual orientation 13 or your perceived sexual orientation or if 14 it's your religion or your ethnicity or 15 whatever it is, those are the target areas 16 that bullies go after. And, my colleagues, 17 for those of you that question why we have to 18 be specific, that's exactly why, because 19 they're target areas. They are identifiable 20 vulnerabilities or potential vulnerabilities 21 that bullies seek out, that they go after. 22 And they repeat. And when they repeat it, 23 it's a form of torture. And there's not a 24 person in this chamber that would condone 25 torture of any kind. We pass bills against

Candyco Transcription Service, Inc. 1 torturing animals. 2 Okay, the amendment failed. 3 There's no reason here to vote against this 4 bill. The only reason to vote against this 5 bill is because in calling it Dignity for All 6 Students, it includes sexual orientation. 7 Well, guess what? It's time to get over that. 8 Time to get over that. This is about laws 9 that protect our children from being 10 persecuted and tortured physically and 11 emotionally in our schools. In our schools. 12 The word "dignity" is already in 13 the Education Law, by the way. The word 14 "dignity" is in the Education Law. I'm not 15 going to read it, but it's there. Not in any 16 of the underlined sections, but it's there. 17 Observance of laws, rules, courtesy, dignity 18 and other traits that will enhance the quality 19 of their educational experience. 20 And by the way, this bill also 21 talks about moving those vulnerable people 22 away from the manifestations of violence. You 23 know, manifestations of violence. Think about 24 that. That's exactly what I was saying. 25 Torture, cruelty.

Candyco Transcription Service, Inc. 1 If "dignity" is already used in the 2 Education Law, then what's wrong with passing 3 a bill that recognizes dignity for all 4 students and simply includes sexual 5 orientation and relative phrases? If 6 "dignity" is within the Education Law, then 7 why can't we recognize that there can be 8 dignity for all students? 9 And vote yes on this, come back at 10 some point, make it better and have dignity 11 within ourselves. Dignity within ourselves. 12 Not as Republicans, not as Democrats, not as 13 coming from some particular race or ethnic 14 background or gender, but human beings that 15 recognize that younger human beings can be 16 saved and better protected in our schools if 17 we recognize that dignity is something that we 18 can give them and give ourselves in the act of 19 doing that. 20 I vote yes. 21 ACTING PRESIDENT STEWART-COUSINS: 22 Senator Saland. 23 SENATOR SALAND: Thank you, Madam 24 President. 25 Madam President, first I'd like to

Candyco Transcription Service, Inc. 1 correct a misrepresentation -- which I could 2 assume was merely an oversight and not by way 3 of any deceit -- when Senator Duane said he 4 motioned his bill out of committee and I did 5 not. The record is clear that I very 6 similarly motioned by my bill out of 7 committee. So I don't know what the source of 8 Senator Duane's beliefs or information was, 9 but that certainly is anything but correct. 10 And yes, he is correct that School 11 Boards did withdraw its objection. And the 12 reason it had objected last year was because 13 there was a $50 million fiscal on this bill, 14 $50 million to train a person as required in 15 his legislation for each of the 4400 school 16 district schools that comprise the universe of 17 schools in the State of New York. 18 Now, the amendment that we engaged 19 in a bit earlier failed 30 to 8. Twenty-three 20 people saw fit to be absent. And the issues 21 which I raised during the course of discussing 22 the amendment I will merely touch upon 23 extremely briefly. 24 Certainly Senator Duane was 25 eloquent. Certainly Senator Alesi was

Candyco Transcription Service, Inc. 1 eloquent. But the simple fact of the matter 2 is that the legislative intent talks in terms 3 of affording all students freedom from 4 bullying in a school environment. And this 5 particular bill is replete with the 6 limitations in two or three different sections 7 as to exactly what that universe is. 8 And as I said earlier, it leaves 9 out a much larger universe which in the 10 amendment would have included not only 11 everything that Senator Duane would hope to 12 accomplish here, but every conceivable 13 bullying situation. Which would certainly 14 cast a much wider and much more appropriate 15 net. 16 Interestingly, somehow or other 17 between last year and this year the 18 $50 million fiscal that had been attached to 19 this bill, for reasons I've yet to be able to 20 contemplate or figure, disappeared. I guess 21 the Ed Department decided that it didn't want 22 to do fiscals anymore. 23 But the bottom line is that the 24 initial opposition from some of the 25 school-related associations were the concern

Candyco Transcription Service, Inc. 1 about the unfunded mandate. With the simple 2 stroke of a pen, the unfunded mandate that had 3 been present previously suddenly disappeared. 4 I'm not quite sure how realistically it 5 disappeared, but nonetheless, for purposes of 6 this discussion here today, it seems to have 7 miraculously disappeared. 8 It remains to be seen if in fact it 9 will not reappear in 4400 schools throughout 10 the State of New York as we require that at 11 least one staff member at every school be 12 thoroughly trained to handle human relations 13 in the areas of race, color, weight, national 14 origin, ethnic group, religion, religious 15 practice, disability, sexual orientation, 16 gender and sex, and whether in fact that's 17 one-shot training or continuing training, and 18 the extent to which that training is required 19 and over how long of a period it's required. 20 So again, Madam President, the 21 amendment did fail at this hour, and the 22 amendment having failed, I am not going to 23 take the time to address some of Senator 24 Johnson's comments. But I would merely like 25 to remind people that there is in this bill I

Candyco Transcription Service, Inc. 1 believe a very large unfunded mandate, 2 notwithstanding the fact that it seemed to 3 have evaporated for reasons that I find 4 befuddling. 5 Thank you. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator. 8 Senator Bonacic. 9 SENATOR BONACIC: The hour is -- 10 on the bill. The hour is late, and I'm going 11 to be brief. 12 First of all, I think every member 13 tonight on both sides of the aisle that stood 14 up and spoke on this issue spoke eloquently. 15 And it was very enlightening. That's number 16 one. 17 Number two, we all agree that the 18 time has come to statutorily pass some 19 bullying legislation, even though I personally 20 think superintendents and principals try to 21 handle this now at their own level. 22 The other thing that was clear to 23 me tonight, that more has to be done, but 24 that's not a reason not to get started. So, 25 Senator Duane, thank you for getting us

Candyco Transcription Service, Inc. 1 started tonight. 2 Last but not least, I have 3 consistently this year, and I tried in the 4 years past. Not to vote for unfunded 5 mandates. As to what that fiscal impact is, 6 last year we heard it's $50 million. Maybe 7 it's less. But in any event, NYSUT, our 8 teachers, strongly support the legislation. 9 School boards do not oppose the legislation. 10 So our educational partners are telling us 11 this is one unfunded mandate that they accept 12 because it's time to get started on taking 13 control of bullying. I'm going to vote yes. 14 Thank you, Madam President. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Thank you, Senator. 17 Senator L. Krueger, on the bill. 18 SENATOR LIZ KRUEGER: Thank you, 19 Madam President. 20 Well, it seems to me that this bill 21 has been better researched, better debated, 22 more fine-tunedly taken apart and put back 23 together than almost any bill I have seen us 24 try to move through in Albany. And 25 ironically, it's not that radical or big a

Candyco Transcription Service, Inc. 1 deal. 2 It's critical, it's critical that 3 our schools make sure that they are not just 4 preventing bullying but that they are being 5 the models of what we hope our children to 6 grow up and be, which is people who understand 7 and respect each other, people who understand 8 what is okay and not okay when it comes to 9 treatment of other human beings. This is a 10 fundamental thing we should expect our schools 11 to do. 12 And so in 2010, to be debating in 13 fact whether or not we can pass the Dignity 14 for All Students piece of legislation, 15 sincerely is a surprise to me, that even at 16 this late hour there's still debate about 17 this, this late hour in this year of 2010. 18 This is fundamental. 19 Now, the good news is many places 20 around the state are already using Dignity for 21 All Students as the model of how they approach 22 dealing with bullying and harassment and 23 prevention, prevention training. Senator Tom 24 Duane, the sponsor, couldn't have emphasized 25 it enough. Our job here as parents, as

Candyco Transcription Service, Inc. 1 community leaders, and as educators is to 2 ensure that we stop this kind of behavior 3 before it ever starts, to educate our young 4 people to know what they can and cannot do. 5 This has been started in many 6 places in the state, including the great City 7 of New York. So we are late to the game, but 8 we're going to get this passed. And it's not 9 an unfunded mandate, happily. The State 10 Education Department's fiscal is only $270,000 11 to ensure this is implemented statewide. 12 That's probably the paperclip budget for the 13 total number of school districts in the state. 14 So the one thing that I will say 15 that I see as a statement of perhaps bullying 16 and harassment are some of the memos of 17 opposition I have read to this bill. They are 18 so misinformed, so uneducated about the issues 19 facing our young people and what we can do 20 about it as a state and as a society, that the 21 memos of opposition that I read -- along with 22 the far greater memos of support -- reinforces 23 to me why we need Dignity for All Students, 24 why we need to make sure our schools are 25 teaching our young people about right and

Candyco Transcription Service, Inc. 1 wrong, about respect, and about dignity. 2 Because I would hope in the next generation 3 there won't be people arguing against such 4 fundamental equal treatment and respect for 5 each other. 6 I'll be very glad to vote yes, 7 Madam President. Thank you. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Senator. 10 Senator Padavan, on the bill. 11 SENATOR PADAVAN: I'll explain my 12 vote, Madam President. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Fine, Senator. 15 Senator Marcellino, on the bill. 16 SENATOR MARCELLINO: Likewise, 17 I'll explain my vote. 18 ACTING PRESIDENT STEWART-COUSINS: 19 Well, are there any other Senators, then, who 20 wish to be heard on the bill? 21 Hearing none, seeing none, the 22 debate is closed. I'll ask the Secretary to 23 please ring the bells. 24 Read the last section. 25 THE SECRETARY: Section 5. This

Candyco Transcription Service, Inc. 1 act shall take effect July 1, 2012. 2 ACTING PRESIDENT STEWART-COUSINS: 3 Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Senator Padavan, 6 to explain his vote. 7 SENATOR PADAVAN: Yes, Madam 8 President. Thank you very much. 9 I listened, as did everyone else, 10 to Senator Craig Johnson's point of view 11 relative to the deficiencies of this bill. 12 What he told us was that it doesn't cover 13 cyberbullying to the extent that it should or 14 could, it doesn't deal with the reputation of 15 the victim, it doesn't cover parochial and 16 nonpublic schools, and he may have mentioned 17 some other things that he felt were lacking. 18 And what I can't figure out, Madam 19 President, is the fact that this bill is 20 almost a year and a half old, Senator Craig 21 Johnson's a cosponsor, and none of the things 22 that he pointed out apparently have been 23 addressed. 24 We tried. Certainly Senator 25 Saland's amendment was an effort of

Candyco Transcription Service, Inc. 1 significant value. But I'm not sure what 2 Senator Johnson did. Perhaps in the days and 3 weeks ahead, he'll tell us. If anything. 4 Maybe you were not successful. Maybe you 5 tried and you were ignored. Who knows. 6 I vote aye. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Padavan to be recorded in the 9 affirmative. 10 Senator Marcellino, to explain his 11 vote. 12 SENATOR MARCELLINO: Thank you, 13 Madam President, to explain my vote. 14 As a schoolteacher in the City of 15 New York for 20 years, I witnessed bullying on 16 many levels amongst many groups and many kids. 17 I saw the effect it had on the bully, and I 18 saw the effect it had on the bullied. Not 19 good either way. 20 This is nothing but a form of 21 torture. And I cannot and will not support 22 torture at any level. And I think it is a 23 good first step. I wish the amendment had 24 passed, because I thought it was a better 25 approach. However, I'm willing to take this

Candyco Transcription Service, Inc. 1 bill. I'm willing to work with my colleague 2 Senator Duane and anyone else who wishes to 3 put a bill together and make a better bill out 4 of it. 5 But I will be voting in support of 6 this bill, Madam President. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Marcellino to be recorded in the 9 affirmative. 10 Senator Duane, to explain his vote. 11 SENATOR DUANE: Thank you, Madam 12 President. 13 I first wanted to clear up -- I was 14 wrong, and I'm sorry about that. And I'm not 15 in Education, because, trust me, Health is 16 already too much. So now maybe it could be 17 motioned out of Rules -- not Rules, Codes. 18 But I don't know whether the timing is right. 19 So we have more work to do on this 20 issue, we have more work to do on our rules. 21 And I am hoping that we'll continue to work 22 together. 23 And I'll be voting aye, Madam 24 President. Thank you. Thank you, everyone. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Duane to be recorded in the 2 affirmative. 3 Senator Adams, to explain his vote. 4 SENATOR ADAMS: Thank you, Madam 5 President. I will be voting aye. 6 And I just want to dispel the 7 misnomer that there's just a special group 8 that is being protected. In fact, all 9 children are being protected. And I think we 10 should be proud as a state legislature because 11 in 2000 we passed a similar piece of 12 legislation, and it dealt with hate crime. 13 And these groups in this protected class are 14 the same groups that we passed in hate crime. 15 In our society we look at those 16 groups that are targeted, and it's the same 17 definition we use in hate crime. And we 18 expand it to weight in addition. So this is 19 not new. We understand that when people hurt 20 people because of who they are, this country 21 believes they should have a special group and 22 a special classification. 23 I will be voting aye because this 24 legislation is on target with that. 25 ACTING PRESIDENT STEWART-COUSINS:

Candyco Transcription Service, Inc. 1 Senator Adams to be recorded in the 2 affirmative. 3 Senator Schneiderman, to explain 4 his vote. 5 SENATOR SCHNEIDERMAN: Thank you, 6 Madam President. 7 I proudly vote yes on this piece of 8 legislation. I congratulate Senator Duane for 9 his years of work. I do remember the bill 10 Senator Adams just referred to and the work 11 that Senator Duane led on that. 12 I just do want to note, Madam 13 President, that this is a very carefully 14 drafted bill, and it's drafted to comply with 15 the Constitution. I look forward to working 16 with Senator Saland on other legislation. I 17 do think there is a First Amendment problem 18 with this bill as drafted. 19 Senator Duane's bill separates out 20 harassment, which is prohibited for anyone, 21 for any reason, from discrimination, which we 22 know under the case law has to be defined by 23 certain categories, because schools inherently 24 discriminate. That's what testing is. So 25 Senator Duane's bill does everything you can

Candyco Transcription Service, Inc. 1 do under the Constitution. There are areas 2 that not covered here, but that's true of 3 virtually everything that we do. This is a 4 huge step forward. 5 There are many, many children, 6 ladies and gentlemen, who will benefit from 7 this. There's harassment of Jewish students, 8 there's harassment of African-American 9 students, there's severe harassment of Muslim 10 students in our schools, as well as harassment 11 based on sexual orientation. 12 I think this is a bill everyone in 13 this chamber should be proud to support. I am 14 proud to support it. I vote yes. 15 ACTING PRESIDENT STEWART-COUSINS: 16 Senator Schneiderman to be recorded in the 17 affirmative. 18 Senator LaValle, to explain his 19 vote. 20 SENATOR LaVALLE: Thank you, 21 Madam President. 22 This is an issue where all 62 23 Senators in this chamber really want to 24 resolve what is a very prickly issue in our 25 society and in our schools. I would tell you,

Candyco Transcription Service, Inc. 1 as a former teacher and administrator, I think 2 you should have been inclusive in the members 3 to work with you, such as Senator Saland, 4 Senator Hannon, and others, to have a much 5 better bill. I know you're going to be back 6 with some of the things that have been 7 proposed. 8 But one of the things that's 9 missing in this bill -- and I can't find it 10 unless the commissioner or the local boards 11 will deal with it, and it's called parents. 12 Parents. They have to be included when their 13 acts, the schools has to link with the parent 14 in some way to try and bring home and school 15 together in resolving the issue. 16 It's a beginning. I think the 17 Senator Saland amendment would have been far 18 better. But I'm going to support this, 19 Senator Duane. But I hope in the future that 20 you will look at some of the recommendations 21 of our colleagues to make this a better bill 22 and resolve a problem that is very perplexing 23 to our society. 24 ACTING PRESIDENT STEWART-COUSINS: 25 Senator LaValle to be recorded in the

Candyco Transcription Service, Inc. 1 affirmative. 2 Senator Fuschillo, to explain his 3 vote. 4 SENATOR FUSCHILLO: Thank you, 5 Madam President. 6 Every year, as a parent of three 7 children now 10, 16, and 19, when they were in 8 the public schools, you're asked to sign a 9 code of conduct in the beginning of the school 10 year. And it's a piece of paper that tells 11 you how you as a parent should act and how 12 your children should act, and that's it. You 13 sign the paper, you hand it in, and you've 14 fulfilled your obligation to the school 15 district. 16 But then during that school year we 17 hear about harassment, we hear about the 18 torture of children. And two years ago, in my 19 child's school district high school, we heard 20 about a suicide, about a girl who during her 21 lunch break, because of a lot of problems, 22 walked downtown, went on the train platform, 23 and when a train came by, jumped. 24 I think this bill is sorely needed 25 because at the very least it's going to force

Candyco Transcription Service, Inc. 1 the intervention which is desperately lacking 2 right now. 3 I hope, Senator Duane, you listened 4 carefully to the points that were made, and I 5 hope this is the starting point to something 6 that is even more comprehensive. It's just 7 for public schools, it's not for parochial or 8 private schools. The issues are the same 9 there as well, and I think they need to be 10 addressed. 11 So as somebody who witnesses my 12 children on their BlackBerrys and the Internet 13 as the only forms of communication these 14 days -- because they don't talk to each other 15 anymore, they text each other even if they're 16 sitting next to each other. Two BlackBerrys 17 can be going off, and I'll ask them and their 18 friends, "What are you doing?" "We're talking 19 to each other." 20 And it's unfortunate that the 21 verbal communication isn't there anymore, and 22 that this is the way kids communicate, for 23 better or for worse. Hopefully this 24 legislation and this law, when the Governor 25 signs it, will deal with the worst.

Candyco Transcription Service, Inc. 1 I'll be voting in the affirmative. 2 And thank you, Senator Duane, for 3 this legislation. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Senator Fuschillo to be recorded in the 6 affirmative. 7 Senator Little, to explain her 8 vote. 9 SENATOR LITTLE: Thank you, Madam 10 President. 11 This is an important piece of 12 legislation that is very necessary today. And 13 as the mother of six children, grandmother of 14 14, I probably win the prize here. But I have 15 concerns for them and for all children, 16 because growing up today is very, very 17 difficult. 18 We've known bullying when we were 19 youngsters, but bullying didn't last like it 20 does today and wasn't as widespread. But 21 because of all the technology and the things 22 that kids can do today, they can make it 23 really a nightmare for some children when the 24 one starts the process of bullying them. 25 So the good news is that we're

Candyco Transcription Service, Inc. 1 passing this piece of legislation. And I 2 think the better news is that we're willing to 3 work together to see that we improve on this 4 legislation. But I thank you for putting it 5 forth, and I vote aye. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Senator Little to be recorded in the 8 affirmative. 9 Senator DeFrancisco, to explain his 10 vote. 11 SENATOR DeFRANCISCO: Yes, there 12 is no adult human being with any sense 13 whatsoever that could not be against bullying. 14 There's just simply -- that's a given. 15 By everyone voting for the 16 amendment, they're voting for a better bill, 17 in my judgment, without singling certain 18 preferred classes out as the alleged victims 19 and eliminating other classes. 20 Number two, for us to sit here and 21 think for a moment that school districts don't 22 care about bullying and school districts don't 23 do what they can about bullying to me is a 24 slap in the face of every school district 25 throughout this state. Bullying happens not

Candyco Transcription Service, Inc. 1 because necessarily the schools don't do what 2 they possibly can, but it happens because 3 people are mean to each other. It's even true 4 in these chambers. 5 Children are mean to each other. 6 School districts are trying to deal with it. 7 They don't need a law to tell them that this 8 is the morally right thing to do. 9 Number three, all the school boards 10 were against this last year. This year, 11 miraculously, they say nothing. Because 12 they're going to be accused of not being in 13 favor of trying to stop bullying. How a 14 fiscal note could go from a $50 million cost 15 last year to zero is nonsense, because every 16 school has to have at least one staff member 17 at every school thoroughly trained in handling 18 human relations, et cetera, et cetera, 19 et cetera. 20 So I am against bullying, and 21 against bullying for everyone, but not at a 22 cost to school districts who, I believe, 23 understand that obligation and are doing what 24 they can. And I don't believe the extra cost 25 is warranted.

Candyco Transcription Service, Inc. 1 So at the risk of somebody calling 2 me someone in favor of bullying -- you can 3 certainly do that and try to bully me. But 4 I'm not going to be bullied into voting for 5 something that I don't think is the right 6 bill, so I vote no. 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator DeFrancisco to be recorded in the 9 negative. 10 Senator Foley, to explain his vote. 11 SENATOR FOLEY: Thank you, Madam 12 President. 13 And I rise to strongly support this 14 piece of legislation. As a matter of fact, I 15 spoke with Senator Duane earlier last year, 16 and this is one of the first bills that I had 17 in fact cosponsored. 18 And I really think this is a 19 signature moment for this particular session 20 and for this Senate. Some I think tonight 21 have somewhat minimized the importance of this 22 legislation, as when I look at the history of 23 this particular bill, where in this chamber in 24 2005 it stayed in the Education Committee; 25 2006, never reported out of Education; 2007,

Candyco Transcription Service, Inc. 1 never reported out of Education; 2008, never 2 reported out of Education. In 2009, again it 3 was in Education. 4 Whereas in the other house, in the 5 Assembly, from 2006 to 2010 there was broad 6 bipartisan support every one of those 7 legislative years, to the point where 8 virtually all Democrats and virtually every 9 Republican supported the bill. 10 So I think it's very significant, 11 Madam Chair, that we have tonight bipartisan 12 support finally in this Senate to move forward 13 with a bill that Senator Duane has championed 14 for many years. And those of us who have had 15 generations of teachers and administrators in 16 schools can think of many, many occasions 17 where bullying occurred and where this kind of 18 legislation will in fact help to empower 19 school districts to combat bullying. 20 This is one of the finer hours of 21 this Senate, and it's long past time that we 22 approved this. This is not something to 23 minimize, this is something to in fact we want 24 to use the word "celebrate" that finally it 25 took this year, this session, this conference,

Candyco Transcription Service, Inc. 1 these Senators to finally find a bridge to 2 support this bill in a bipartisan fashion so 3 we can say in unison that bullying is wrong in 4 this state and that with this legislation, 5 with Senator Duane as the champion, we're 6 finally going to give the districts the 7 ability that they need to use in order to 8 fight this particular scourge. 9 I strongly vote in favor. Thank 10 you, Madam President. 11 ACTING PRESIDENT STEWART-COUSINS: 12 Senator Foley to be recorded in the 13 affirmative. 14 Senator Alesi, to explain his vote. 15 SENATOR ALESI: Thank you, Madam 16 President. 17 I thought I went on quite a bit 18 explaining why I embrace this and embrace it 19 passionately. In explaining my vote, I would 20 like to recall a couple of years ago when I 21 had a couple dozen kids from my region, the 22 greater Rochester region, come and visit me 23 and ask me to support the bill. Not one of 24 them looked alike, but they all had the same 25 request, to please support this bill.

Candyco Transcription Service, Inc. 1 And I want to thank Senator Duane 2 for his persistence and his patience in 3 bringing this bill forth. When I think about 4 those young children that were asking for this 5 support, I was proud to make them a promise 6 several years ago that I would support the 7 bill, and I am proud to vote for the bill 8 tonight in keeping that promise. 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Alesi to be recorded in the 11 affirmative. 12 Senator Hannon, to explain his 13 vote. 14 SENATOR HANNON: Madam President, 15 supporting this legislation, I'm doing so 16 because it is a significant first step. 17 Our amendment would have gone 18 beyond it, but I am heartened by the 19 conversations that occurred in public as 20 people were debating the bill. I am heartened 21 by the conversations I've had with other 22 members on both sides of the aisle to try to 23 work to make sure we have a comprehensive 24 piece of legislation. 25 At one point in the last couple of

Candyco Transcription Service, Inc. 1 months I was on a radio show and the host gave 2 me a headline from the 1916 New York Times 3 where Theodore Roosevelt was against bullying. 4 Well, you know, we've moved to a bill that 5 we're passing tonight that I think is still 6 only addressing part of it. We've moved to 7 where Facebook and MySpace and Twitter and the 8 Internet and the texting are all tools that we 9 have to address. 10 We'll have to do it by education, 11 by giving comfort to our youth so they don't 12 feel alone if they're being harassed, and we 13 need to have a comprehensive bill. But 14 tonight I will be supporting this bill. 15 Thank you. 16 ACTING PRESIDENT STEWART-COUSINS: 17 Senator Hannon to be recorded in the 18 affirmative. 19 Are there any other Senators 20 wishing to explain his or her vote? 21 SEVERAL SENATORS: No. 22 (Laughter.) 23 ACTING PRESIDENT STEWART-COUSINS: 24 Okay. Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 1070 are 2 Senators DeFrancisco, Maziarz and Volker. 3 Ayes, 58. Nays, 3. 4 ACTING PRESIDENT STEWART-COUSINS: 5 The bill is passed. 6 (Applause and cheers from gallery.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time can we please go to a reading of the 11 supplemental calendar. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1069, by Senator Thompson, Senate Print 1229, 16 an act to amend the Tax Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of January. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 1072, by Senator Thompson, Senate Print 2784B, 6 an act to amend the Education Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 18. This 10 act shall take effect three years after the 11 date on which it shall have become a law. 12 SENATOR LIBOUS: Mr. President. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Senator Libous, why do you rise? 15 SENATOR LIBOUS: 1071 was skipped 16 over. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 1071 was amended, so it's high. 19 SENATOR LIBOUS: Okay. It 20 doesn't indicate that on the calendar. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Libous, 1071 was amended by motion 23 by -- I just request some order in the 24 chamber, please. Thank you. 25 Senator Libous, Calendar Number

Candyco Transcription Service, Inc. 1 1071 was amended by floor motion by Senator 2 Klein about an hour ago. So therefore 1071 is 3 high, as well as 1076 is also high. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. I appreciate -- 6 ACTING PRESIDENT CRAIG JOHNSON: 7 1071 and 1076 are both high. 8 SENATOR LIBOUS: The fact that it 9 wasn't designated here, I wasn't -- 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Because it was done by floor motion. 12 SENATOR LIBOUS: Thank you. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Thank you, Senator Libous. 15 The Secretary will continue by 16 calling the roll on Calendar Number 1072. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1073, Senator Oppenheimer 25 moves to discharge, from the Committee on

Candyco Transcription Service, Inc. 1 Rules, Assembly Bill Number 6527B and 2 substitute it for the identical Senate Bill 3 Number 3071A, Third Reading Calendar 1073. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1073, by Member of the Assembly Latimer, 9 Assembly Print Number 6527B, an act to amend 10 Chapter 654 of the Laws of 1927. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1073 are 22 Senators Alesi, Bonacic, DeFrancisco, Farley, 23 Flanagan, Fuschillo, Golden, Griffo, Hannon, 24 O. Johnson, Lanza, Larkin, LaValle, Leibell, 25 Libous, Little, Marcellino, Maziarz, McDonald,

Candyco Transcription Service, Inc. 1 Nozzolio, Padavan, Ranzenhofer, Robach, 2 Saland, Seward, Skelos, Volker, Winner and 3 Young. 4 Ayes, 32. Nays, 29. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: In relation to 8 Calendar Number 1074, Senator Perkins moves to 9 discharge, from the Committee on Corporations, 10 Authorities and Commissions, Assembly Print 11 Number 4550 and substitute it for the 12 identical Senate Bill Number 3477, Third 13 Reading Calendar 1074. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Substitution ordered. 16 THE SECRETARY: Calendar Number 17 1074, by Member of the Assembly Towns, 18 Assembly Print Number 4550, an act to amend 19 the New York State Urban Development 20 Corporation Act. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is passed. 8 THE SECRETARY: Calendar Number 9 1075, by Senator Huntley, Senate Print 4028A, 10 an act to amend the Education Law. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of July. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1077, Senator Nozzolio moves 25 to discharge, from the Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Bill Number 8076A and substitute it 2 for the identical Senate Bill Number 4194A, 3 Third Reading Calendar 1077. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1077, by Member of the Assembly Oaks, Assembly 9 Print Number 8076A, an act to authorize the 10 Village of Lyons. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 There is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: In relation to 25 Calendar Number 1078, Senator Savino moves to

Candyco Transcription Service, Inc. 1 discharge, from the Committee on Energy and 2 Telecommunications, Assembly Bill Number -- 3 SENATOR RANZENHOFER: Lay it 4 aside. 5 SENATOR KLEIN: Lay the bill 6 aside for the day, please. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Ranzenhofer, I know you requested the 9 bill to be laid aside. We just want to finish 10 the substitution, for the record, and then 11 we'll lay the bill aside for the day. 12 The Secretary will continue to 13 read. 14 THE SECRETARY: In relation to 15 Calendar Number 1078, Senator Savino moves to 16 discharge, from the Committee on Energy and 17 Telecommunications, Assembly Bill Number 7593B 18 and substitute it for the identical Senate 19 Bill Number 4208B, Third Reading Calendar 20 1078. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Substitution ordered. 23 The bill is laid aside for the day. 24 THE SECRETARY: Calendar Number 25 1079, by Senator Valesky, Senate Print 4281A,

Candyco Transcription Service, Inc. 1 an act to amend the Not-for-Profit Corporation 2 Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1079 are 17 Senators Farley, Golden, O. Johnson, Larkin, 18 Libous, Marcellino, Ranzenhofer, Saland, 19 Seward, Skelos, Volker and Young. Also 20 Senator Nozzolio. 21 Ayes, 48. Nays, 13. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The bill is passed. 24 THE SECRETARY: Calendar Number 25 1080, by Senator Stewart-Cousins, Senate Print

Candyco Transcription Service, Inc. 1 4601A, an act to amend the Local Finance Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 14. This 5 act shall take effect immediately. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: Calendar Number 15 1081, by Senator Dilan, Senate Print 4625, an 16 act to amend the Family Court Act. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 1082, by Senator Stachowski, Senate Print 6 4754, an act to amend the Labor Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 61. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 The bill is passed. 19 THE SECRETARY: Calendar Number 20 1083, by Senator Huntley, Senate Print 5011B, 21 an act to amend the Education Law and the 22 Public Health Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 3. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of January. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Announce the results. 7 THE SECRETARY: Ayes, 61. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 1084, by Senator C. Kruger, Senate Print 12 5389A, an act to amend the General Obligations 13 Law. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Call the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Announce the results. 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1084 are 25 Senators Alesi, Bonacic, DeFrancisco, Farley,

Candyco Transcription Service, Inc. 1 Flanagan, Fuschillo, Golden, Griffo, Hannon, 2 O. Johnson, Lanza, Larkin, LaValle, Leibell, 3 Libous, Little, Marcellino, Maziarz, McDonald, 4 Nozzolio, Padavan, Ranzenhofer, Robach, 5 Saland, Seward, Skelos, Volker, Winner and 6 Young. 7 Ayes, 32. Nays, 29. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 THE SECRETARY: Calendar Number 11 1085, by Senator Huntley, Senate Print 5452B, 12 an act to amend the Education Law. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 120th day. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1086, by Senator Savino, Senate Print 5631A, 2 an act to amend the Administrative Code of the 3 City of New York. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 There is a home-rule message at the desk. 6 Read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: In relation to 18 Calendar Number 1087, Senator Stewart-Cousins 19 moves to discharge, from the Committee on 20 Finance, Assembly Bill Number 6766 and 21 substitute it for the identical Senate Bill 22 Number 5942, Third Reading Calendar 1087. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Substitution ordered. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 1087, by Member of the Assembly Latimer, 2 Assembly Print Number 6766, an act to amend 3 the Economic Development Law and the Public 4 Service Law. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Read the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect on the first of April. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Call the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Announce the results. 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1088, by Senator Savino, Senate Print 5953, an 19 act to amend the Real Property Tax Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 59. Nays, 5 2. Senators Bonacic and Larkin recorded in 6 the negative. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 1089, Senator Perkins moves to 11 discharge, from the Committee on Consumer 12 Protection, Assembly Bill Number 8839A and 13 substitute it for the identical Senate Bill 14 Number 6034, Third Reading Calendar 1089. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Substitution ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 1089, by the Member of the Assembly Pheffer, 20 Assembly Print Number 8839A, an act to amend 21 the General Business Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the 120th day.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 1090, by Senator Lanza, Senate Print 6327A, an 11 act to grant Bruce Kerr a retroactive system 12 membership. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Call the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Announce the results. 22 THE SECRETARY: Ayes, 61. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is passed. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1091, Senator Serrano -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is laid aside for the day. 6 Senator Klein, we need to make the 7 substitution first. Then we'll lay the bill 8 aside for the day. 9 THE SECRETARY: In relation to 10 Calendar Number 1091, Senator Serrano moves to 11 discharge, from the Committee on Corporations, 12 Authorities and Commissions, Assembly Bill 13 Number 9465A and substitute it for the 14 identical Senate Bill Number 6688A, Third 15 Reading Calendar 1091. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Substitution ordered. 18 The bill is laid aside for the day. 19 THE SECRETARY: Calendar Number 20 1092, by Senator Foley, Senate Print 6696, an 21 act to amend the Tax Law. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Call the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Announce the results. 6 THE SECRETARY: Ayes, 61. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The bill is passed. 9 THE SECRETARY: Calendar Number 10 1093, by Senator L. Krueger, Senate Print -- 11 SENATOR KLEIN: Lay the bill 12 aside for the day, please. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is laid aside for the day. 15 THE SECRETARY: In relation to 16 Calendar Number 1094, Senator Savino moves to 17 discharge, from the Committee on Rules, 18 Assembly Bill Number 9914A and substitute it 19 for the identical Senate Bill Number 6879A, 20 Third Reading Calendar 1094. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Substitution ordered. 23 THE SECRETARY: Calendar Number 24 1094, by Member of the Assembly Markey, 25 Assembly Print Number 9914A, an act to amend

Candyco Transcription Service, Inc. 1 the General Municipal Law and the Retirement 2 and Social Security Law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1095, by Senator Larkin, Senate Print 6984, an 17 act to authorize the Town of Montgomery in the 18 County of Orange. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 There is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1096, by Senator Huntley, Senate Print 7023, 9 an act to amend the Mental Hygiene Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of April. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator DeFrancisco, to explain his vote. 19 SENATOR DeFRANCISCO: Yes, I'm 20 voting no. 21 At this time in our history, when 22 we're having enough trouble getting a budget 23 by dribs and drabs, it's not the right thing 24 to do to create an office within an office at 25 a cost of $760,000, and for that reason I'm

Candyco Transcription Service, Inc. 1 voting no. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Senator DeFrancisco to be recorded in the 4 negative. 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1096 are 8 Senators Bonacic, DeFrancisco, Farley, 9 Flanagan, Golden, Griffo, O. Johnson, Lanza, 10 LaValle, Leibell, Little, Marcellino, 11 McDonald, Nozzolio, Ranzenhofer, Saland, 12 Seward, Skelos, Volker, Winner and Young. 13 Also Senator Larkin. 14 Ayes, 39. Nays, 22. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1097, by Senator Addabbo, Senate Print 71 -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is laid aside for the day. 23 THE SECRETARY: In relation to 24 Calendar Number 1099, Senator Squadron moves 25 to discharge, from the Committee on Rules,

Candyco Transcription Service, Inc. 1 Assembly Bill Number 10857A and substitute it 2 for the identical Senate Bill Number 7378A, 3 Third Reading Calendar 1099. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Substitution ordered. 6 THE SECRETARY: Calendar Number 7 1099, by Member of the Assembly Schimminger, 8 Assembly Print Number 10857A, an act to amend 9 the Alcoholic Beverage Control Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 SENATOR LIBOUS: Lay it aside, 18 please. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is laid aside. 21 SENATOR KLEIN: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The bill is laid aside for the day. 25 THE SECRETARY: In relation to

Candyco Transcription Service, Inc. 1 Calendar Number 1100, Senator Peralta moves to 2 discharge, from the Committee on Rules, 3 Assembly Bill Number 10502 and substitute it 4 for the identical Senate Bill Number 7399, 5 Third Reading Calendar 1100. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Substitution ordered. 8 THE SECRETARY: Calendar Number 9 1100, by Member of the Assembly Jeffries, 10 Assembly Print Number 10502, an act to amend 11 the Banking Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 120th day. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Farley, to explain his vote. 21 SENATOR FARLEY: Just to explain 22 my vote. 23 I'm voting no. This bill is 24 seriously flawed. It applies only to banking 25 organizations which are state-chartered banks,

Candyco Transcription Service, Inc. 1 thrifts and credit unions and to licensed 2 lenders, even though licensed lenders don't 3 have the authority to make mortgage loans. 4 And it does not include mortgage bankers or 5 mortgage brokers. 6 The Banking Department is very much 7 opposed to it, and I think it's veto bait. So 8 I vote no. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Senator Farley to be recorded in the negative. 11 Announce the results. 12 THE SECRETARY: Those recorded in 13 the negative on Calendar Number 1100 are 14 Senators Bonacic, DeFrancisco, Farley, 15 Flanagan, Griffo, O. Johnson, Lanza, Larkin, 16 Libous, Little, Nozzolio, Seward and Young. 17 Ayes, 48. Nays, 13. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1101, by Senator Peralta, Senate Print 7441C, 22 an act to amend the Public Health Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect on the first of May. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Call the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator DeFrancisco, to explain his vote. 7 SENATOR DeFRANCISCO: In our 8 first budget extender that had part of the 9 budget in it, the hospitals took a bath as far 10 as budget cuts. 11 I can't understand for the life of 12 me why anyone would now require additional 13 expenses for hospitals to provide an 14 informational leaflet containing information 15 how parents can subscribe to a consumer 16 safety -- consumer commission's email 17 subscription. Are you kidding me? Are we 18 trying to poke hospitals in the eye and 19 require further costs, or do we want to get 20 some medical care from hospitals? 21 And if people want to get on some 22 government list or email list, well, let them 23 look for it or let them try to figure out 24 something for themselves. 25 So I'm going to vote no on this.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator DeFrancisco to be recorded in the 3 negative. 4 Announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1101 are 7 Senators Bonacic, DeFrancisco, Farley, 8 Flanagan, Golden, Griffo, Hannon, O. Johnson, 9 Lanza, Larkin, LaValle, Leibell, Libous, 10 Little, Marcellino, Maziarz, Nozzolio, Robach, 11 Saland, Seward, Skelos, and Winner. Also 12 Senator Fuschillo. Also Senator Young. 13 Ayes, 37. Nays, 24. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 THE SECRETARY: Calendar Number 17 1102, by Senator Valesky, Senate Print 7544, 18 an act to amend the Retirement and Social 19 Security Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 4. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1103, by Senator Parker -- 9 SENATOR KLEIN: Lay the bill 10 aside for the day, please. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 1104, by Senator Addabbo, Senate Print 7591, 15 an act to amend the Public Authorities Law. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 90th day. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 SENATOR KLEIN: Lay the bill

Candyco Transcription Service, Inc. 1 aside for the day, please. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is laid aside for the day. 4 THE SECRETARY: Calendar Number 5 1106, by Senator Stachowski, Senate Print 6 7675A, an act to amend the Tax Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 5. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is passed. 17 THE SECRETARY: Calendar Number 18 1107, by Senator Serrano, Senate Print 7715A, 19 an act to amend the Public Authorities Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 9. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1108, by Senator L. Krueger, Senate Print 9 7729A, an act to amend Chapter 174 of the Laws 10 of 1968. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Call the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Announce the results. 20 THE SECRETARY: Ayes, 61. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is passed. 23 THE SECRETARY: Calendar Number 24 1109, by Senator Peralta, Senate Print 7737A, 25 an act to amend the Alcoholic Beverage Control

Candyco Transcription Service, Inc. 1 Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 90th day. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Call the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Announce the results. 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 THE SECRETARY: In relation to 15 Calendar Number 1110, Senator Oppenheimer 16 moves to discharge, from the Committee on 17 Rules, Assembly Bill Number 10982 and 18 substitute it for the identical Senate Bill 19 Number 7757, Third Reading Calendar 1110. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Substitution ordered. 22 THE SECRETARY: Calendar Number 23 1110, by Member of the Assembly Latimer, 24 Assembly Print Number 10982, an act to repeal 25 Title 20 of Article 7 of the Public

Candyco Transcription Service, Inc. 1 Authorities Law. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 There is a home-rule message at the desk. 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Call the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Announce the results. 12 THE SECRETARY: Ayes, 61. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 The bill is passed. 15 THE SECRETARY: Calendar Number 16 1111, by Senator Squadron, Senate Print 7805, 17 an act to amend the New York State Printing 18 and Public Documents Law. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 120th day. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Call the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The bill is passed. 6 THE SECRETARY: Calendar Number 7 1112, by Senator Stachowski, Senate Print 8 7865, an act to amend the Executive Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1113, Senator Squadron moves 23 to discharge, from the Committee on Health, 24 Assembly Bill Number 1135 and substitute it 25 for the identical Senate Bill Number 7976,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1113. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1113, by Member of the Assembly Dinowitz, 6 Assembly Print Number 1135, an act to amend 7 the Public Health Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1114, by Senator Stachowski, Senate Print 22 8028, an act to amend the Economic Development 23 Law. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Read the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 30th day. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The bill is passed. 11 THE SECRETARY: In relation to 12 Calendar Number 1115, Senator Squadron -- 13 SENATOR KLEIN: Lay the bill 14 aside for the day, please. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The bill is laid aside for the day. 17 Oh, Senator Klein, there's a 18 substitution. We're going to do the 19 substitution first. 20 THE SECRETARY: Senator Squadron 21 moves to discharge, from the Committee on 22 Banks, Assembly Bill Number 10918 and 23 substitute it for the identical Senate Bill 24 Number 8066, Third Reading Calendar 1115. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Substitution ordered. 2 The bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1116, by Senator Squadron, Senate Print 8070, 5 an act to amend the Energy Law. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Call the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1116 are 17 Senators DeFrancisco, Griffo, O. Johnson, 18 Little and Ranzenhofer. 19 Ayes, 56. Nays, 5. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The bill is passed. 22 THE SECRETARY: Calendar Number 23 1117, by Senator Stachowski -- 24 SENATOR KLEIN: Lay the bill 25 aside for the day, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is laid aside for the day. 3 THE SECRETARY: Calendar Number 4 1118, by Senator Oppenheimer, Senate Print 5 8114, an act authorizing the assessor of the 6 County of Westchester. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Announce the results. 16 THE SECRETARY: Ayes, 59. Nays, 17 2. Senators Bonacic and Larkin recorded in 18 the negative. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1119, Senator Thompson moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 11301 and substitute it 25 for the identical Senate Bill Number 8128,

Candyco Transcription Service, Inc. 1 Third Reading Calendar 1119. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Substitution ordered. 4 THE SECRETARY: Calendar Number 5 1119, by Member of the Assembly Sweeney, 6 Assembly Print Number 11301, an act to amend 7 the Environmental Conservation Law. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Call the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Announce the results. 17 THE SECRETARY: Ayes, 61. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The bill is passed. 20 THE SECRETARY: Calendar Number 21 1120, by Senator Klein, Senate Print 8171, an 22 act to amend the Public Health Law. 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Read the last section. 25 THE SECRETARY: Section 2. This

Candyco Transcription Service, Inc. 1 act shall take effect one year after it shall 2 have become a law. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Announce the results. 8 SENATOR LIBOUS: Lay the bill 9 aside. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is laid aside. 12 SENATOR KLEIN: Lay the bill 13 aside for the day, please. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 1121, by Senator L. Krueger, Senate Print 18 8173, an act to amend the Real Property Tax 19 Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 THE SECRETARY: Calendar Number 8 1122, by Senator Smith, Senate Print 8268, an 9 act to amend the Transportation Law. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Smith, to explain his vote. 19 SENATOR SMITH: Yes, thank you 20 very much, Mr. President. 21 About three months ago, 22 Mr. President, Secretary LaHood of the 23 Department of Transportation said that 24 New York had to get their act together if we 25 wanted to participate with high-speed rail.

Candyco Transcription Service, Inc. 1 Well, today I want to thank the 2 Governor, Chairman Mullen, Commissioner Gee, 3 the staff of the Senate. This bill that we're 4 voting on today will put New York in play to 5 perhaps pursue billions of dollars in 6 transportation money for high-speed rail, 7 which is one of the most transformational 8 initiatives taking place in this country. It 9 has been almost 142 years since President 10 Lincoln signed the Rail Act when this country 11 was at its precipice of challenges that it 12 moved such an initiative. 13 Today, colleagues, we are putting 14 together a board that will put us in place to 15 raise billions of dollars, create thousands of 16 jobs, and bring New York into the 17 transportation 21st century. I vote aye. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Smith to be recorded in the 20 affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 61. Nays, 23 0. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The bill is passed.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 1123, by Senator Montgomery, Senate Print 3 8279, an act to amend the Executive Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Read the last section. 6 THE SECRETARY: Section 8. This 7 act shall take effect on the 30th day. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 THE SECRETARY: Calendar Number 17 1124, by Senator Stachowski, Senate Print 18 8016, an act to amend the Public Authorities 19 Law. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Call the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Announce the results. 4 THE SECRETARY: Ayes, 61. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The bill is passed. 7 Senator Klein, that completes the 8 reading of the noncontroversial supplemental 9 calendar. 10 SENATOR KLEIN: Mr. President, 11 can we briefly return to motions and 12 resolutions. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Returning to motions and resolutions. 15 Senator Klein. 16 SENATOR KLEIN: On behalf of 17 Senator Squadron, I wish to call up Senate 18 Print Number 7855, recalled from the Assembly, 19 which is now at the desk. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 The Secretary will read the title. 22 THE SECRETARY: Calendar Number 23 986, by Senator Squadron, Senate Print 7855, 24 an act to amend the Business Corporation Law. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, I 3 now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The Secretary will call the roll on 7 reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 61. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, I 13 now offer the following amendments. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Amendments received. 16 SENATOR KLEIN: Mr. President, is 17 there any further business at the desk? 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein, the desk is clear. 20 SENATOR KLEIN: There being no 21 further business, Mr. President, I move we 22 adjourn until Wednesday, June 23rd, at 23 12:00 p.m. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 There being no further business to come before

Candyco Transcription Service, Inc. 1 the Senate, on motion, the Senate stands 2 adjourned until Wednesday, June 23rd, at 3 12:00 p.m. 4 (Whereupon, at 11:10 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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