June 18, 2008

Top of Form 1
Date: 06/18/2008
Session: Regular
3891
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 June 18, 2008
11 11:12 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS P. MORAHAN, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

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1 P R O C E E D I N G S
2 ACTING PRESIDENT MORAHAN: The
3 Senate will come to order.
4 I ask everyone to rise and repeat
5 with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 (Pause.)
9 ACTING PRESIDENT MORAHAN: If
10 you'll bear with me, we're waiting for our
11 padre for the day. He's coming in by burro.
12 (Pause.)
13 ACTING PRESIDENT MORAHAN: Let's
14 just hope it's a blessed day, folks, okay?
15 In the absence of clergy, will you
16 please bow your heads for a moment of silence.
17 (Whereupon, the assemblage
18 respected a moment of silence.)
19 ACTING PRESIDENT MORAHAN:
20 Reading of the Journal.
21 THE SECRETARY: In Senate,
22 Tuesday, June 17, the Senate met pursuant to
23 adjournment. The Journal of Monday, June 16,
24 was read and approved. On motion, Senate
25 adjourned.
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2 Without objection, the Journal stands approved
3 as read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 The Secretary will read.
9 THE SECRETARY: Senator
10 DeFrancisco, from the Committee on Judiciary,
11 reports the following nominations.
12 As a judge of the Court of Claims,
13 Honorable Donald F. Cerio, of Canastota.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Thank you,
17 Mr. President.
18 I rise and am very pleased to offer
19 to the full Senate the nominations of six
20 eminently qualified individuals. Five of them
21 have been serving in their positions or on the
22 bench and are reappointments to the Court of
23 Claims, and one is a new appointment who is
24 eminently qualified for that position.
25 We thoroughly reviewed the

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1 backgrounds and the records of each of these

2 individuals. And we had a full meeting of the
3 Judiciary Committee this morning, and each of
4 the individuals much were found to be
5 well-qualified, and each was unanimously voted
6 to bring them before the full Senate this
7 morning.
8 And as a result, I would seek that
9 each of these nominations be moved.
10 Since I was going to recognize
11 Senator Valesky, but I don't see him here, the
12 first nominee is Donald F. Cerio. And I would
13 move his nomination for judge of the Court of
14 Claims.
16 question is on the nomination of Donald F.
17 Cerio as judge of the Court of Claims. All in
18 favor signify by saying yes.
19 (Response of "Aye.")
20 ACTING PRESIDENT MORAHAN: I said
21 yes.
22 (Response of "Yes.")
23 ACTING PRESIDENT MORAHAN: That's
24 better. I just wanted to make sure everybody
25 was awake.

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1 (Laughter.)
2 ACTING PRESIDENT MORAHAN: All
3 opposed say nay.
4 (No response.)
6 confirmation of Donald F. Cerio as judge of
7 the Court of Claims is hereby confirmed.
8 Congratulations, Judge.
9 (Applause.)
11 Secretary will read.
12 THE SECRETARY: As a judge of the
13 Court of Claims, Honorable Frank A. Gulotta,
14 of Woodbury.
17 SENATOR DeFRANCISCO: Mr.
18 President, I'd request that you'd recognize
19 Senator Marcellino to move the nomination.
21 Senator Marcellino.
22 SENATOR MARCELLINO: Thank you,
23 Mr. President.
24 I rise with pleasure to nominate a
25 longstanding friend and a fine jurist, Frank

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1 Gulotta, to succeed himself and stay on the
2 court, because I believe he's done a fantastic
3 job.
4 Over his years as a member of the
5 Court of Claims, he has served in many
6 capacities in several different areas. He has
7 done a fantastic job. I have never heard, in

8 all the years that I've known Frank and his
9 time of being a practicing attorney -- active
10 with the Bar Association, active in his
11 community in many ways -- I've never heard a
12 single individual say anything negative about
13 him.
14 Whole communities, maybe, but never
15 a single individual.
16 (Laughter.)
17 SENATOR MARCELLINO: Got to wake
18 this crowd up. This is a slow crowd here
19 today.
20 (Laughter.)
21 SENATOR MARCELLINO: Frank, it's
22 a pleasure to put your name back in
23 nomination.
24 You come from a family whose
25 background and history and service to Long

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1 Island, Nassau County, and New York State is
2 well-known. Your father broke the barrier for
3 Italian-Americans to be elected to government
4 offices, the first one on Long Island,
5 probably the first one in the state at the
6 time. A fine man. Your brother is well-known
7 to everybody on the island.
8 And I appreciate your service, we
9 all appreciate your service on the court. We
10 look forward to your service to continue for

11 many years to come.
12 Congratulations, Frank, and to your
13 whole family.
15 Senator Fuschillo.
16 SENATOR FUSCHILLO: I yield to
17 Senator Skelos.
18 SENATOR SKELOS: I would yield to
19 Senator Fuschillo if he wishes to go first.
20 Go ahead.
21 SENATOR FUSCHILLO: I thank my
22 senior colleague for the yield. Thank you,
23 Senator Skelos.
24 I too want to rise and second the
25 nomination and just echo the sentiments of

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1 Senator Marcellino on Judge Gulotta. I agree
2 with you, Senator Marcellino, there is not a
3 person out there that will have anything
4 negative to say about this individual, both as
5 a jurist and his character.
6 He comes from a family that has
7 dedicated their life to public service. And I
8 see your brother sitting behind you beaming.
9 That today is just another earmark in a long
10 history of dedicated service to our state, our
11 county, and our community from the Gulotta
12 family.
13 Judge, you have done an outstanding

14 job on the bench, and I know you'll carry that
15 temperament and the qualities that you have
16 demonstrated to this court. So I'm proud to
17 rise to second your nomination, and I wish you
18 the best of luck.
19 ACTING PRESIDENT MORAHAN: Thank
20 you, Senator Fuschillo.
21 Senator Skelos.
22 SENATOR SKELOS: Thank you,
23 Mr. President.
24 I too join my colleagues Senator
25 Marcellino and Senator Fuschillo in

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1 congratulating you, Judge Gulotta, on your
2 confirmation.
3 The Gulotta family has really --
4 and I welcome you too, Tom, our former county
5 executive -- really stood as a model of public
6 service within the Nassau community, starting
7 with Frank Gulotta, your dad, the DA, a member
8 of the Appellate Division, and really set a
9 tone for many young people such as myself when
10 I was starting in politics and government.
11 Judge Gulotta, you have been an
12 outstanding jurist. And I don't want to take
13 away from your day, but I think it's also
14 important that I speak a little bit about your
15 dad, who so many of us have a tremendous
16 amount of respect for. He is an individual

17 who, as a young person, if he walked by, we
18 were awed by.
19 And he would always take the time,
20 as I know you do and your brother Tom does, to
21 sit and talk with an individual who was
22 aspiring to run for office or perhaps was new
23 as an elected official.
24 So you've continued that tradition.
25 I know how proud your mom and dad are of you.

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1 And I'm just very happy to join and ask all my
2 colleagues to support your nomination today.
3 Congratulations.
5 you, Senator Skelos.
6 Senator Hannon.
7 SENATOR HANNON: Thank you,
8 Mr. President. I just wanted to join with
9 Senator Skelos and my other colleagues in
10 congratulating Judge Gulotta.
11 You've done an outstanding job, and
12 I'm delighted to support your service again.
13 Thank you.
15 Senator Craig Johnson.
16 SENATOR CRAIG JOHNSON: Thank
17 you, Mr. President. I'll make it bipartisan
18 congratulations for Judge Gulotta.
19 I welcome his brother, former

20 County Executive Tom Gulotta here today. I
21 had the pleasure of working with him in Nassau
22 County.
23 For Judge Gulotta, congratulations.
24 My father-in-law serves with you as a jurist
25 in Nassau County. Your reputation is

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1 outstanding, and we are fortunate to have you
2 reappointed to the Court of Claims.
3 So congratulations and best wishes.
4 Thank you.
6 Senator Valesky.
7 SENATOR VALESKY: Thank you,
8 Mr. President.
9 Judge Gulotta, I also rise to
10 congratulate you on this confirmation.
11 I'm also struck -- I was out of the
12 chamber attending a meeting as the nomination
13 of Judge Cerio came to the floor. Senator
14 Skelos had mentioned something a few moments
15 ago in regard to Judge Gulotta and how proud
16 his mom and dad are of him. And I know that
17 having known Judge Cerio's parents for many,
18 many years, I know firsthand how proud, Judge,
19 they are of you.
20 And it's great to have you and your
21 wife, Renee, here again. We had the
22 opportunity only a month and a half ago or so

23 to confirm you as a judge of the Court of
24 Claims, and we talked at that point in time
25 about your distinguished career as the

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1 district attorney in Madison County and
2 certainly some of the other things you have
3 been involved.
4 So I appreciate the opportunity to
5 rise today and speak of on your behalf and
6 wish you continued success.
7 Thank you.
9 you, Senator Valesky.
10 And thank you for pointing out that
11 Judge Cerio is accompanied by his wife, Renee,
12 today.
13 The question is on the nomination
14 of Frank A. Gulotta, of Woodbury, as a judge
15 of the Court of Claims. All in favor say aye.
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT MORAHAN: Judge
21 Gulotta is now officially hereby confirmed.
23 (Applause.)

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2 Court of Claims, Honorable Martin Marcus, of
3 Larchmont.
6 SENATOR DeFRANCISCO: I would
7 move the nomination of Martin Marcus to the
8 position of Court of Claims.
9 And Judge Marcus certainly has an
10 impressive record of public service that I
11 just wanted to mention in moving the
12 nomination.
13 For four years he was with the New
14 York County District Attorney's office in the
15 Rackets Bureau. He then went into the New
16 York State Organized Crime Task Force, was a
17 first assistant for nine years, and since 1990
18 has been sitting as a Court of Claims judge,
19 but sitting in Supreme Court doing all types
20 of matters.
21 What a record of public service and
22 a wonderful nomination by Governor Paterson.
23 And I'd move his nomination.
25 you, Senator DeFrancisco.

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2 of Judge Martin Marcus, of Larchmont, for the
3 Court of Claims. All in favor say aye.
6 Opposed say nay.
7 (No response.)
8 ACTING PRESIDENT MORAHAN: Martin
9 Marcus is now hereby confirmed as a judge of
10 the Court of Claims.
12 (Applause.)
16 Court of Claims, Honorable Robert A. Neary, of
17 Pound Ridge.
20 SENATOR DeFRANCISCO: I'd move
21 the nomination of Robert Neary to the position
22 of Court of Claims and ask that you please
23 recognize Senator Leibell to second the
24 nomination.

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1 Senator Leibell.
2 SENATOR LEIBELL: Thank you,
3 Mr. President.
4 And I've had the opportunity before

5 to nominate Judge Neary, and it's always been
6 a great and distinct pleasure for me. On a
7 personal level, we go back a great, great many
8 years, back when we were both young assistant
9 DAs in Westchester County, just starting out.
10 Bob Neary has had a tremendous
11 career, tried many, many felonies for the
12 Westchester DA's office, got a great many
13 convictions, was a great investigative
14 prosecutor. And I might add he was someone
15 who was a mentor for many young assistant DAs
16 as well as for young lawyers generally.
17 So for me it is a great honor to
18 rise here today on this occasion to
19 congratulate a great judge and a dear friend
20 and to move this nomination.
21 Thank you, Mr. President.
23 you, Senator Leibell.
24 Senator Stachowski.
25 SENATOR STACHOWSKI: I just too

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1 would like to join Senator Leibell in
2 congratulating the Governor on this
3 appointment of Robert Neary to the Court of
4 Claims.
5 As I've told you before, I've known
6 Robert Neary since college. He was captain of
7 the football team when I was a sophomore. He

8 was a great leader then, he's a great leader
9 now.
10 And the most important thing to me
11 is he's a friend, and I'm glad to have the
12 opportunity to stand and second his
13 nomination.
15 you, Senator.
17 of Robert A. Neary, of Pound Ridge, as judge
18 of the Court of Claims. All in favor say aye.
21 Opposed say nay.
22 (No response.)
23 ACTING PRESIDENT MORAHAN: Robert
24 A. Neary is now hereby confirmed as judge of
25 the Court of Claims.

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2 (Applause.)
6 Court of Claims, Honorable Charles J. Tejada,
7 of Brooklyn.

11 the nomination of Charles J. Tejada, of
12 Brooklyn, to the position of the Court of
13 Claims.
14 Also an incredibly impressive
15 record of public service, from the early days
16 when he was a Legal Aid attorney in a Harlem
17 neighborhood office for three years, became
18 regional director of the United States
19 Department of Education Office for Civil
20 Rights, judge of the Civil Court of New York
21 for three years, Family Court judge for four
22 years, and then Court of Claims since 1990.
23 His whole life has been public service.
24 And again, a wonderful nomination
25 by Governor Paterson, and I proudly move that

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1 nomination today.
3 you, Senator.
5 of Judge Charles J. Tejada as judge of the
6 Court of Claims. All in favor say aye.
9 Opposed say nay.
10 (No response.)
12 Charles J. Tejada is hereby confirmed as judge
13 of the Court of Claims.

15 (Applause.)
17 judge is also accompanied by his wife,
18 Jeannette.
21 Rockland County Surrogate Court, Honorable
22 Thomas E. Walsh, of Haverstraw.

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1 the nomination of Thomas E. Walsh to the
2 position of judge of the Rockland County
3 Surrogate Court. A new appointment, this is
4 not a reappointment.
5 An excellent appointment by the
6 Governor. Has judicial experience, having
7 been a village justice and also was an
8 assistant county attorney for some period of
9 time, a long record of public service.
10 And I move the nomination of this
11 particular nominee.
13 you, Senator.
15 of Thomas E. Walsh, of Haverstraw, as Rockland
16 County Surrogate Court justice. All in favor

17 say aye.
20 Opposed say nay.
21 (No response.)
22 ACTING PRESIDENT MORAHAN: Thomas
23 E. Walsh, of Haverstraw, is hereby confirmed
24 as Surrogate Judge, County of Rockland.
25 Congratulations, Thomas.

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1 (Applause.)
2 ACTING PRESIDENT MORAHAN: Judge
3 Walsh -- if I may just add some personal notes
4 about Judge Walsh, who I've known for a long,
5 long time, maybe 30 years.
6 He enjoys a great reputation within
7 the County of Rockland within the legal
8 community, has served in all kinds of
9 positions, comes to this position eminently
10 qualified. Congratulations.
11 He's also accompanied by Stephen
12 Lowe, Rabbi Bennie Breskin, and Rabbi Beck.
13 Welcome, gentlemen.
14 Congratulations, Tom.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there will be an immediate meeting of the
18 Finance Committee in the Majority Conference
19 Room.
20 ACTING PRESIDENT MORAHAN: There
21 will be an immediate meeting of the Senate
22 Finance Committee in the Majority Conference
23 Room.
25 would you please recognize Senator Smith.

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2 Senator Smith.
3 SENATOR SMITH: Thank you very
4 much. Sorry, colleagues. And thank you very
5 much, Senator Skelos.
6 I did want to come out just for a
7 moment to speak about Tom Walsh. And I know
8 that he might be getting ready to leave the
9 chambers. I see Mr. Bennie up there, who is
10 flagging and directing.
11 But I just wanted to make note of
12 Tom Walsh and congratulate the Governor on a
13 fine selection for someone to serve on the
14 bench in Rockland County Surrogate Court.
15 He has been a tremendous lawyer,
16 for many years served the public very well.
17 His heart in the right place. And not only
18 because of his background in the legal
19 profession, but he also is a gentleman and
20 concerned about the community. He is an
21 excellent and I expect him to be an excellent
22 judge.
23 I know he's accompanied by
24 Mr. Bennie up there, who is everyone's friend,
25 and everybody knows him.

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1 So I wanted to point out and wanted
2 to be on record as acknowledging a Fordham
3 colleague, by the way, which is most
4 important. He went to Fordham University and
5 I just think deserves some recognition.
6 So with that, I thank you,
7 Mr. President. Thank you for allowing me to
8 speak on this nomination. Senator Skelos, I
9 thank you as well. Thank you.
11 you, Senator Smith.
12 Reports of select committees.
13 Communications and reports from
14 state officials.
15 Motions and resolutions.
16 Senator Little.
17 SENATOR LITTLE: Thank you,
18 Mr. President.
19 On behalf of Senator Leibell, I
20 wish to call up Senate Bill 5603A, recalled
21 from the Assembly, which is now at the desk.
24 THE SECRETARY: Calendar Number
25 1599, by Senator Leibell, Senate Print 5603A,

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1 an act to amend the Executive Law and the
2 Military Law.
3 SENATOR LITTLE: Mr. President, I
4 now move to reconsider the vote by which this
5 bill was passed.
6 ACTING PRESIDENT MORAHAN: Call
7 the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 SENATOR LITTLE: Mr. President, I
11 now offer the following amendments.
13 amendments are received.
14 SENATOR LITTLE: Thank you.
15 Mr. President, on behalf of Senator
16 Marcellino, on page number 38 I offer the
17 following amendments to Calendar Number 1152,
18 Senate Print Number 4364, and ask that said
19 bill retain its place on the Third Reading
20 Calendar.
22 amendments are received, and the bill will
23 retain its place on the Third Reading
24 Calendar.

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1 Mr. President.
2 On behalf of Senator Bonacic,
3 please place a sponsor's star on Calendar
4 Numbers 1828 and 1906.
5 ACTING PRESIDENT MORAHAN: So
6 ordered.
8 On behalf of Senator Nozzolio, I
9 move to recommit Senate Print Number 4064,
10 Calendar Number 724 on the order of third
11 reading, to the Committee on Consumer
12 Protection, with instructions to said
13 committee to strike out the enacting clause.
14 ACTING PRESIDENT MORAHAN: So
15 ordered.
17 Mr. President.
19 you, Senator.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President, I
22 believe there are substitutions at the desk,
23 if we could make them at this time.

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1 THE SECRETARY: On page 28,
2 Senator Maltese moves to discharge, from the
3 Committee on Civil Service and Pensions,
4 Assembly Bill Number 10345 and substitute it

5 for the identical Senate Bill Number 7298,
6 Third Reading Calendar 866.
7 On page 35, Senator Larkin moves to
8 discharge, from the Committee on Rules,
10 for the identical Senate Bill Number 905B,
12 On page 38, Senator Fuschillo moves
13 to discharge, from the Committee on Consumer
14 Protection, Assembly Bill Number 10686 and
15 substitute it for the identical Senate Bill
16 Number 7700, Third Reading Calendar 1146.
17 On page 47, Senator LaValle moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 10082A and substitute it
20 for the identical Senate Bill Number 7018A,
22 On page 53, Senator Alesi moves to
23 discharge, from the Committee on Insurance,

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2 On page 55, Senator Morahan moves
7 On page 55, Senator Morahan moves

8 to discharge, from the Committee on Mental
9 Health and Developmental Disabilities,
13 On page 56, Senator Smith moves to
18 On page 57, Senator Golden moves to
23 On page 60, Senator Maltese moves
25 Assembly Bill Number 10343C and substitute it

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1 for the identical Senate Bill Number 1282D,
3 On page 60, Senator LaValle moves
8 On page 60, Senator Little moves to
10 Assembly Bill Number 8059C and substitute it

11 for the identical Senate Bill Number 5366C,
13 On page 61, Senator DeFrancisco
14 moves to discharge, from the Committee on
15 Rules, Assembly Bill Number 9862 and
18 On page 61, Senator Golden moves to
23 On page 62, Senator Winner moves to

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3 And on page 63, Senator Flanagan
4 moves to discharge, from the Committee on
5 Rules, Assembly Bill Number 11095 and
9 Substitutions ordered.
10 Senator Little.
11 SENATOR LITTLE: Can we adopt the
12 Resolution Calendar, please, Mr. President.
13 ACTING PRESIDENT MORAHAN: All in

14 favor of adopting the Resolution Calendar say
15 aye.
18 Opposed, nay.
19 (No response.)
21 Resolution Calendar is adopted.
22 Senator Little.
24 Mr. President.
25 Could we please take up Resolution

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1 Number 6649, by Senator Bruno, and have the
2 title read. And it is open for sponsorship by
3 all of the members of the Senate.
6 THE SECRETARY: By Senators Bruno
7 and Maltese, Legislative Resolution Number
8 6649, commending B. Thomas Golisano upon the
9 occasion of his designation as a 2008 Honoree
10 at the annual Italian-American Legislators
11 Conference.
13 favor of the resolution say aye.
16 Opposed, nay.
17 (No response.)
19 resolution is adopted.
20 Senator Little.
22 Mr. President.
23 Could we please take up Resolution
24 Number 6650, by Senator Bruno, have the title
25 read, and open up the resolution to all

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1 members of the Senate.
4 THE SECRETARY: By Senators Bruno
5 and Maltese, Legislative Resolution Number
6 6650, commending Peter Cardella upon the
7 occasion of his designation for special
8 recognition as the 2008 Honoree of the
9 Italian-American Legislators Conference.
11 favor say aye on the resolution.
14 Opposed, nay.
15 (No response.)
18 And both resolutions just read are
19 open for sponsorship. If you do not want to

20 be on the resolution, please notify the desk.
21 Senator Little.
23 Mr. President.
24 Could the Senate now stand at ease
25 until the conclusion of the Finance Committee

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1 meeting.
3 Senate stands at ease.
4 (Whereupon, the Senate stood at
5 ease at 11:43 a.m.)
6 ACTING PRESIDENT BONACIC: The
8 Senator Skelos.
9 SENATOR SKELOS: There will be a
10 Majority conference at 12:20, and the Senate
11 will stand at ease.
12 ACTING PRESIDENT BONACIC:
13 Majority conference at 12:20.
14 The Senate will stand at ease.
16 Mr. President.
17 ACTING PRESIDENT BONACIC: You're
18 welcome, Senator Skelos.
19 (Whereupon, the Senate reconvened
20 at 2:10 p.m.)
21 ACTING PRESIDENT MAZIARZ: The

23 Senator Skelos.
24 SENATOR SKELOS: Mr. President, I
25 believe there's some housekeeping at the desk.

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1 ACTING PRESIDENT MAZIARZ:
3 Senator Farley.
4 SENATOR FARLEY: Yes. In the
5 line of housekeeping, on behalf of Senator
6 Larkin, Mr. President, I offer the following
7 amendments on page 60, Calendar Number 1912,
8 Senate Print 579, and I ask that that bill
10 Calendar.
14 Calendar.
15 SENATOR FARLEY: Mr. President,
16 on behalf of Senator Lanza, on page 26 I offer
17 the following amendments to Calendar Number
18 822, Senate Print 5702, and I ask that that
19 bill retain its place.
23 Calendar.
24 SENATOR FARLEY: Mr. President,
25 on behalf of Senator Leibell, I wish to call

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1 up his bill, 3643A, it's recalled from the
2 Assembly, and it's now at the desk.
6 739, by Senator Leibell, Senate Print 3643A,
7 an act to amend the Executive Law.
8 SENATOR FARLEY: Mr. President, I
9 now move to reconsider the vote by which this
10 bill was passed.
11 ACTING PRESIDENT MAZIARZ: Call
15 SENATOR FARLEY: Mr. President, I
16 now offer the following amendments.
19 Senator Skelos.
21 can we now return to reports of standing
22 committees for the report of the Finance
23 Committee.

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2 THE SECRETARY: Senator O.
3 Johnson, from the Committee on Finance,
4 reports the following nominations.
5 As commissioner of the Division of
6 Human Rights, Galen D. Kirkland, of New York
7 City.
9 Senator Johnson.
10 SENATOR OWEN JOHNSON: Move the
11 nomination.
13 Senator Perkins.
14 SENATOR PERKINS: Thank you,
15 Mr. President.
16 I just want to take a brief moment
17 to first extend my congratulations to my good
18 friend Galen Kirkland on his recent
19 appointment by the Governor.
20 We've known each other for a long
21 time, we've been through a lot of community
22 struggles together; we're from the same
23 neighborhood. As a matter of fact, Galen once
24 tried to have this seat during that period
25 when there was a vigorous primary in the

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1 neighborhood, and the Governor happened to be
2 the opposition at the time, and who won the
3 seat.
4 But Galen has really been an

5 extraordinary member of the community, grew up
6 in the neighborhood, came back to the
7 neighborhood to work for the neighborhood in
8 the housing movement, and has not only done
9 well in terms of the neighborhood, but even on
10 the broader sense as well, not only in the
11 housing area, education area.
12 Really, we could not have found a
13 better person to head up that agency on behalf
14 of the state and on behalf of the people of
15 our state and of our community.
16 So, Galen, to you and to your
17 family, congratulations. And thank you so
18 much for all that you've done for us over the
19 years.
21 Senator Stewart-Cousins.
22 SENATOR STEWART-COUSINS: Thank
23 you very much, Mr. President.
24 I just wanted to also add a few
25 words to this nominee. I had the privilege of

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1 meeting him over the weekend but had not had
2 an opportunity to have the full range of his
3 experience. And he made a presentation today
4 in the Finance Committee that was really
5 exemplary. It told us every moment of his
6 life was committed to what it is that he is
7 undertaking on behalf of the State of

8 New York.
9 And as someone who authored the
10 Westchester County Human Rights Law, because
11 we felt the state could do better, I can't
12 tell you how pleased I am to welcome as the
13 head of this commission this very, very fine
14 man who, again, I'm sure, will bring the state
15 to great heights in its quest for ensuring the
16 human rights of all.
17 So I really congratulate you.
18 Thank you for your service.
20 Senator Duane.
21 SENATOR DUANE: Thank you,
22 Mr. President.
23 I want to congratulate the Governor
24 and to congratulate this nominee. I have
25 known him for a very long time as an activist

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1 on many, many fronts. And I think the
2 Governor has made a great appointment.
3 And I'm very much looking forward
4 to working with the new commissioner. And
5 congratulations to you and your family. And
6 there's a great staff there, and I know you're
7 going to provide wonderful leadership. So
8 congratulations.

11 Senator Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Mr. President.
14 It is really an honor to be able to
15 rise here in support of this nominee, a great
16 member of the West Side community, a great
17 progressive Democrat in the George Maziarz
18 tradition, and someone who is really --
19 (Laughter.)
20 SENATOR SCHNEIDERMAN: -- you
21 know, is really a great example of the most
22 important thing in social activism, and that
23 is dedication.
24 Because it's easy to work for
25 social justice, to work for social change for

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1 a short period of time. But to do it year in,
2 year out, through different positions, that
3 takes a lot.
4 And it is a great, great privilege
5 for all of us here to welcome him today.
6 There are challenges ahead. Human rights is
7 never an easy issue. But I know he's up to
8 it.
9 And I think it is remarkable,
10 Senator Perkins reminds me of an election
11 many, many years ago when the candidates were
12 Philip Reed, who went on to be in the City
13 Council, Galen Kirkland, who is with us today,

14 and David Paterson, for the New York State
15 Senate. So in my neighborhood, Mr. President,
16 we have good candidates.
17 Thank you. Congratulations.
18 ACTING PRESIDENT MAZIARZ: In my
19 neighborhood we do too.
20 Anyone else wishing to speak on
21 this nomination?
23 of Galen D. Kirkland, of New York City, to
24 serve as the Commissioner of the Division of
25 Human Rights. All in favor signify by saying

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1 aye.
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MAZIARZ: Galen
7 D. Kirkland, you are hereby confirmed as
8 Commissioner of the Division of Human Rights.
9 (Applause.)
11 Commissioner Kirkland, on behalf of Senator
12 Bruno and the entire New York State Senate, we
13 want to welcome you here, congratulate you on
14 this new chapter. You are here accompanied by
15 your wife, Natalie Chapman.
16 And I heard from both Senator

17 Perkins and Senator Schneiderman that you and
18 Governor Paterson were opponents in an
19 election one time. It's a good thing that we
20 have a forgiving governor in the State of
21 New York at this time.
22 Congratulations to you. Thank you.
24 THE SECRETARY: As a member of
25 the Board of Trustees of the City University

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1 of New York, Peter S. Pantaleo, of New York
2 City.
4 Senator O. Johnson.
6 nomination.
8 Senator Krueger.
9 SENATOR LIZ KRUEGER: Thank you,
10 Mr. President. On the nominee.
11 I too rise to support the
12 nomination of Peter Pantaleo to be a member of
14 of New York.
15 While I've only met Mr. Pantaleo
16 today, I am very proud that he is a
17 constituent in my district, a new constituent.
18 But much more importantly, he has an
19 incredibly impressive resume and history

20 working in law on so many issues.
21 And the fact that as a newly
22 returned New Yorker, as he explained to us
23 today in both the Higher Ed Committee and in
24 the Finance Committee, he has a true
25 commitment to making our state a better place,

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1 our city a better place, and has chosen to
2 commit himself fully to the City University of
3 New York.
4 There is no one in this chamber who
5 does not understand the importance of strong
6 leadership and commitment and dedication on
7 the boards of both our city and state
8 university systems, and I am delighted that he
9 has taken on this challenge. Because, in
10 fact, so often public service is a challenge,
11 it demands a great deal of us, it demands a
12 great deal of time and commitment and
13 thoughtfulness.
14 And the fact that people like
15 Mr. Pantaleo are willing to, on a voluntary
16 basis, take on these responsibilities is a
17 representation of why this is such a great
18 state and will continue to have such wonderful
19 higher education public universities.
22 Senator Stavisky.
23 SENATOR STAVISKY: Thank you,
24 Mr. President.
25 I too would like to commend the

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1 Governor, not just for Mr. Pantaleo's
2 nomination, but this morning in the Committee
3 on Higher Education we had three unusual
4 nominees, nominees who bring a breadth of
5 experience and a commitment, a feeling for
6 higher education that I know will be cherished
7 for many years to come.
8 Mr. Pantaleo was a labor lawyer and
9 a partner at the DLA Piper firm. But more
10 importantly, in response to a question which I
11 asked about his priorities, he spoke about how
12 important it was for CUNY to be accessible and
13 affordable and provide a quality education.
14 Because CUNY has a long history going back to
15 City College, the founding of City College
16 over 160 years ago, as a place where the sons
17 and daughters of immigrants can be educated.
18 That mission that has not changed.
19 The same is true of the State University of
20 New York. And the understanding that this is
21 a university to serve an immigrant community I
22 think is very important, as well as anybody
23 who can benefit from higher education.
24 I think Mr. Pantaleo brings new
25 life to a really terrific board. Both the

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1 SUNY board and the CUNY boards are just
2 perfect examples of what non-paying positions
3 should be. And I welcome him, and I'm
4 delighted with all three nominations.
6 ACTING PRESIDENT MAZIARZ: Thank
7 you, Senator.
8 Anyone else wishing to speak on
9 this nomination?
11 of Peter S. Pantaleo, of New York City, for
12 appointment as a member of the Board of
13 Trustees of the City University of New York.
14 All in favor signify by saying aye.
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT MAZIARZ: Peter
20 S. Pantaleo is hereby confirmed as a member of
22 of New York.
23 Congratulations very much.
24 (Applause.)

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3 the Board of Trustees of the State University
4 State University, Carl Spielvogel, of New York
5 City.
9 nomination.
11 question is on the nomination of Carl
12 Spielvogel, of New York City, for appointment
13 as a member of the Board of Trustees of the
14 State University of New York. All in favor
15 signify by saying aye.
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT MAZIARZ: Oh,
21 I'm sorry, Senator Stavisky.
22 SENATOR STAVISKY: Thank you.
23 Before we confirm Mr. Spielvogel,
24 let me indicate that he too will bring a new
25 perspective to the SUNY board.

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1 I was very impressed by his
2 description of how is he a proud New Yorker,
3 how he grew up, his father had passed away --
4 he is a graduate of Baruch College, a part of

5 CUNY, obviously -- but has gone on to a
6 remarkable career as an ambassador to the
7 Slovak Republic.
8 Starting out, incidentally, as a
9 reporter for the New York Times, a reporter
10 and columnist for the New York Times. But he
11 went on to a career in international and
12 global marketing, advertising, and a renowned
13 philanthropist, entrepreneur, and brings a
14 sense of philanthropy to the SUNY board.
15 SUNY is about to select a new
16 chancellor, and I know that he will have
17 impressive contributions to make in the
18 selection of a world-renowned chancellor,
19 whoever that person may be. His commitment to
20 give back to what Baruch has done for him I
21 think speaks about the man's compassion, his
22 concern for others.
23 And I think he's going to make a
24 remarkable addition to the SUNY board, and I
25 congratulate the Governor for this nomination.

(518) 371-8910
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1 Thank you.
3 you, Senator Stavisky.
6 Mr. President.
7 I want to rise and also

8 congratulate both the nominee and the Governor
9 for making such a fine nomination.
10 I've known Mr. Spielvogel for some
11 time. He and his wife embody the best of
12 New York. They are constantly sponsoring,
13 hosting and attending events in support of one
14 good cause or another.
15 And I am tremendously impressed
16 that he's going to take the time and put his
17 energy now into making SUNY the great, great
18 state university that we all know it should be
19 and want it to be, and to carry out the vision
20 that the Governor has set for it.
21 I thank him for his service up till
22 now. I am confident that he will perform
23 admirably going forward. And I think everyone
24 here in this room that should understand that
25 this is a true gentleman, a true

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1 philanthropist -- not just in terms of giving
2 out money, but giving of himself, opening his
3 home. And he embodies the spirit we really do
4 need in our trustees. It's a great good
5 fortune to all of us that he's willing to
6 serve.
9 you, Senator Schneiderman.
10 Senator Krueger.
11 SENATOR LIZ KRUEGER: Thank you.
12 I also rise, not to repeat what my two
13 colleagues have said, but, as the Senator
14 representing Mr. Spielvogel and his family in
15 my district, to thank him for taking on yet
16 another responsibility.
17 As Senator Schneiderman just
18 mentioned, the list of public service
19 commitments that Carl Spielvogel has made to
20 the State of New York, the City of New York,
21 can actually just go on for pages. In my own
22 district, he has been an extraordinary
23 representative to the Metropolitan Museum of
24 Art, to the Asia Society, to the Mount Sinai
25 hospital. I'm sure the list is longer than

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1 even is listed on his biography.
2 And the fact that he is openly
3 excited and willing to take on challenges for
4 the State University of New York board again
5 is, I suppose, fitting of everything else he
6 has been doing in his career for the people of
7 New York. So I'm delighted to stand here in
8 support of his nomination.
11 you, Senator Krueger.
12 Senator Stachowski, on the
13 nomination.
14 SENATOR STACHOWSKI: Yes,
15 Mr. President, I too would like to rise and
16 second the nomination.
17 I was struck in Finance by the
18 conversation we had when we talked about SUNY
19 being an economic engine, and particularly
20 throughout the upstate area, as was seen in a
21 recent vision. And Mr. Spielvogel picked up
22 on that and said that his history is to get
23 businesses involved with, for example, the
24 Metropolitan Art Museum, and when he was the
25 ambassador, to get that country going with

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1 business, and he looks forward to doing the
2 same thing for SUNY.
3 And I think that would make a great
4 two-way street. And it's wonderful to have an
5 advocate like that on the board, and I look
6 forward to the many good things that we'll see
7 happen by his participation and bringing his
8 expertise to that board that's so important to
9 so many of us in upstate New York.
10 And so I'm proud to second the
11 nomination.
12 ACTING PRESIDENT MAZIARZ: Is
13 there anyone else who would like to speak on
14 the nomination?
16 of Carl Spielvogel, of New York City, for a

17 term as a member of the Board of Trustees of
18 the State University of New York. All in
19 favor signify by saying aye.
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT MAZIARZ: Carl
25 Spielvogel is hereby confirmed as a member of

(518) 371-8910
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1 the Board of Trustees of the State University
2 of New York.
3 (Applause.)
4 ACTING PRESIDENT MAZIARZ: Mr.
5 Pantaleo and Mr. Spielvogel, on behalf of
6 Senator Bruno and the entire New York State
7 Senate, we want to congratulate you.
8 I thought it was very appropriate
9 that while this confirmation process was going
10 on, there were a whole bunch of future CUNY
11 and SUNY graduates other there who just left.
12 And thank you for volunteering your time for
13 these two great institutions on behalf of
14 those future graduates. Thank you.
17 the Metropolitan Transportation Authority,
18 Robert C. Bickford, of Cold Spring.

22 nomination.
24 question is on the nomination of Robert C.
25 Bickford, of Cold Spring, as a member of the

(518) 371-8910
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1 Metropolitan Transportation Authority. All in
2 favor signify by saying aye.
5 Opposed, nay.
6 (No response.)
8 nominee, Robert C. Bickford, is hereby
9 confirmed as a member of the MTA.
10 Congratulations to you,
11 Mr. Bickford, and thank you very much for your
12 service, on behalf of Senator Bruno and the
13 Senate.
14 (Applause.)
19 Jeffrey A. Kay, of Bayside.

23 nomination. Thank you.
25 Senator Flanagan.

(518) 371-8910
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1 SENATOR FLANAGAN: Thank you,
2 Mr. President. I'd like to be heard on this
3 nomination.
4 We just had a chance to hear about
5 Robert Bickford, who is now a new member of
6 the MTA board. And it was nice that
7 Mr. Bickford took the time out of his schedule
8 to actually appear in Albany, come before the
9 committees, entertain questions, give some
10 comments on his background.
11 The nominee before us is a
12 gentleman named Jeffrey Kay. Now, I wouldn't
13 know Mr. Kay if he was standing right in front
14 of me. But frankly, that's the problem. He's
15 not here. He didn't appear. He didn't appear
16 before the Transportation Committee, he didn't
17 appear before the Finance Committee. And yet
18 we're reappointing this person to a full term
19 as a member of the MTA board.
20 And that's a shame. That's not the
21 way we should be doing business. These people
22 should take these jobs as seriously as we do.
23 And we are now talking about an agency that
24 has a potential $500 million to $700 million
25 deficit in the coming year. Fares have just

(518) 371-8910
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1 been raised, construction costs are going
2 through the roof, projects are not being done
3 on time. And frankly, we don't even have a
4 chance to entertain comments and to ask
5 questions of a nominee who is seeking
6 reappointment.
7 That's bad business. That's not
8 what our constituents expect. And frankly, we
9 deserve better as a Legislature. I don't
10 think Mr. Kay should be reappointed until he
11 takes the time to reappear here in Albany.
12 And I'm going to give one example.
13 Yesterday in the paper, many of us had a
14 chance to read about the executive director of
15 the MTA getting a $10,000 raise on a base
16 salary of $350,000. That's bad. That's not
17 the way we should be doing business. And
18 frankly, that was unilaterally approved by the
19 chair of the board of the MTA. No action
20 taken by the board.
21 Senator Hassell-Thompson, I'm
22 looking at her, you would like to get a
23 $10,000 raise. We would all like to. But
24 it's got to be vetted the right way. And the
25 public looks that, and they say, "What are

(518) 371-8910
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1 they doing?" And they in turn look at us and

2 say, "What are you folks doing?"
3 One of the ways we can keep their
4 feet to the fire is to make sure they're up
5 here to get a little grilling. Because,
6 frankly, the MTA has a lot of problems. And
7 Mr. Kay should have treated everybody in the
8 state better by appearing here today.
9 And for that reason and many
10 others, I'm voting against his reappointment.
11 ACTING PRESIDENT MAZIARZ: Any
12 other Senators wish to speak on this
13 nomination?
15 of Jeffrey A. Kay, of Bayside, for a term as a
16 member of the Metropolitan Transportation
17 Authority. All in favor signify by saying
18 aye.
21 Opposed, nay.
22 (Response of "Nay.")
23 ACTING PRESIDENT MAZIARZ: In the
24 opinion of the chairs, the ayes have it. The
25 nominee is confirmed.

(518) 371-8910
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1 (Laughter.)

5 the New York State Thruway Authority, Donna J.
6 Luh, of Depew.
9 SENATOR O. JOHNSON: Move the
10 nomination.
12 Senator Smith.
13 SENATOR SMITH: Yes,
14 Mr. President, I rise to second the nomination
15 of Donna Luh.
16 Obviously, the Governor has
17 selected someone who has a tremendous
18 background in transportation. She was once --
19 actually, she worked for the Niagara Frontier
20 Transportation Authority; NFTA, as they call
21 it.
22 She is clearly one who understands
23 project management, as she ran a $186 million
24 project for the Greater Buffalo International
25 Airport. She runs her own consulting firm and

(518) 371-8910
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1 has been very committed in the long term to
2 doing what's best for the State of New York.
3 She clearly is someone that
4 understands what "one New York" is all about.
5 And the fact that what she's going to be doing
6 for the Thruway Authority clearly is a
7 testament to the Governor with a fine

8 selection, and also understanding someone who
9 knows what's best for the State of New York.
10 So, Donna Luh, I extend my
11 congratulations to you. The Governor made a
12 fine choice. And I am proud to second the
13 nomination of Donna Luh.
15 Senator Thompson.
16 SENATOR THOMPSON: Thank you,
17 Mr. President.
18 First, I'd like to thank Governor
19 Paterson for nominating Donna Luh today for
20 this very important appointment.
21 I'd also like to thank Leader Smith
22 for his leadership in assisting with getting
23 this appointment. And for the members of the
24 Western New York delegation, I believe that
25 every member of our delegation in the Senate

(518) 371-8910
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1 worked hard to make sure that this appointment
2 would reach the floor.
3 This issue of the Thruway Authority
4 is something that people in Western New York
5 are very, very concerned about. And I believe
6 that Donna Luh will be very compassionate and
7 sensitive to the issues of the Legislature.
8 For many years she's worked with lawmakers to
9 keep them abreast as it relates to different
10 issues when big government projects have come

11 along her way.
12 Some of the things that I believe
13 that she can be helpful with: Grand Island.
14 The Grand Island Bridges is something that I
15 know that the Thruway Authority is looking at.
16 The issue of continuing to upgrade the roads
17 and infrastructure. And something that I know
18 this body has worked on before is the tolls in
19 Western New York. And I know that Senator
20 Stachowski, Senator Volker, and all the other
21 members of the Western New York Senate
22 delegation have always worked on this issue.
23 So I'm very excited to support the
24 nomination of Donna Luh. She is a very
25 professional businesswoman, owns her own

(518) 371-8910
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1 business. And I think she will be a
2 tremendous asset to the New York State Thruway
3 Authority.
5 Senator Volker, on the nominee.
6 SENATOR VOLKER: Yeah, quickly,
7 Mr. President; I was in and out of here. But
8 I want to commend the Governor's nomination of
9 Donna Luh also.
10 I've known her for many years, and
11 her whole family. I have no doubt that she
12 will make an excellent addition to the Thruway
13 Authority and hopefully will help us

14 straighten out the problems that we've had
15 over the last few years with the Thruway
16 Authority and tolls.
17 Thank you very much. Good luck.
19 you, Senator Volker.
20 Anyone else like to speak on this
21 nominee before us?
23 of Donna J. Luh as a member of the New York
24 State Thruway Authority. All in favor signify
25 by saying aye.

(518) 371-8910
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3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT MAZIARZ: Donna
6 Luh is hereby confirmed as a member of the
7 New York State Thruway Authority.
8 Donna, congratulations to you on
9 behalf of Senator Bruno.
10 As I look over this list here,
11 Donna, we have nominees today from New York
12 City, New York City, New York City, Bayside,
13 Manhasset -- and one from Western New York.
14 We know that you will do an excellent job on
15 behalf of all the residents of New York State,
16 but particularly those where you live in

17 Western New York.
18 Thank you very much, and
19 congratulations.
20 (Applause.)
25 James L. McGovern, of Manhasset.

(518) 371-8910
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1 As members of the New York State
2 Thruway Authority, E. Virgil Conway, of
3 Bronxville, and Brandon R. Sall, of Rye.
4 As a member of the Adirondack Park
5 Agency, Richard S. Booth, of Ithaca.
6 As a member of the Port of Oswego
7 Authority, Richard L. Atkins, of Oswego.
8 As a member of the Board of
9 Trustees of Cornell University, Howard
10 Milstein, of New York City.
11 As banking members of the State
12 Banking Board, Robert M. Fisher, of Owego, and
13 Peter G. Humphrey, of Warsaw.
14 As a member of the Industrial Board
15 of Appeals, Jean Grumet, of Larchmont.
16 As a member of the Republic Airport
17 Commission, Robert W. Bodenmiller, of West
18 Babylon.
19 As a member of the Allegany State

20 Park, Recreation and Historic Preservation
21 Commission, Lisa Feinberg-Duckett, of
22 Wellsville.
23 As a member of the Niagara Frontier
24 State Park, Recreation and Historic
25 Preservation Commission, Gerard J. Mosey,

(518) 371-8910
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1 Ed.D., of Lewiston.
2 As a member of the Saratoga-Capital
3 District State Park, Recreation and Historic
4 Preservation Commission, Brian S. Cechnicki,
5 of Canajoharie.
6 As a member of the Taconic State
7 Park, Recreation and Historic Preservation
8 Commission, Jane Alexander, of Dobbs Ferry.
9 As members of the Mental Health
10 Services Council, John Kastan, Ph.D., of
11 New York City; Glenn Liebman, of Albany; and
12 Kathleen Coyne Plumb, of Mumford.
13 As members of the State Camp Safety
14 Advisory Council, George G. Coleman, of
15 Freeport, and Judith H. Reilly, of Utica.
16 As members of the State Hospital
17 Review and Planning Council, Carolyn K.
18 Callner, of Troy, and Anthony J. Lechich,
19 M.D., of New York City.
20 As members of the Board of Visitors
21 of the New York State Home for Veterans and
22 Their Dependents at St. Albans, Elizabeth R.

23 Carr, of Glen Oaks.
25 Visitors of the Bronx Children's Psychiatric

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1 Center, Donna Chappell, of the Bronx.
3 Visitors of the Creedmoor Psychiatric Center,
4 Gloria M. Allen, M.D., of Hollis.
6 Visitors of the Finger Lakes Developmental
7 Disabilities Services Office, David H. Breen,
8 M.D., of Dansville.
10 Visitors of the Hudson Valley Developmental
11 Disabilities Services Office, Wilbur T.
12 Aldridge, of West Haverstraw.
14 Visitors of the Queens Children's Psychiatric
15 Center, Lorraine Jacobs, of South Ozone Park.
17 Visitors of the Rockland Children's
18 Psychiatric Center, James Scaringe, of
19 Orangeburg.
20 As members of the Board of Visitors
21 of the Valley Ridge Center for Intensive
22 Treatment, Albert B. Kochersperger, M.D., of
23 Norwich, and Lee Wilhelm, of Norwich.
24 And as a member of the Board of
25 Visitors of the Western New York Developmental

(518) 371-8910
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1 Disabilities Services Office, Mary Ellen
2 Murphy, of West Seneca.
6 nominations.
8 question is on the nominations as read by the
9 Secretary. All in favor signify by saying
10 aye.
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT MAZIARZ: All
16 the nominees as read by the Secretary are
17 hereby confirmed.
18 Senator Morahan.
19 SENATOR MORAHAN: Yes,
20 Mr. President, can we return to motions and
21 resolutions. I believe there are some motions
22 at the desk.
25 Senator Nozzolio.

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1 SENATOR NOZZOLIO: Thank you,

2 Mr. President.
3 On behalf of Senator DeFrancisco, I
4 wish to call up Print Number 5076A, recalled
5 from the Assembly, which is now at the desk.
9 1465, by Senator DeFrancisco, Senate Print
10 5076A, an act to amend the Insurance Law and
11 the Civil Practice Law and Rules.
12 SENATOR NOZZOLIO: I now move to
13 reconsider the vote by which the bill was
14 passed.
19 SENATOR NOZZOLIO: Mr. President,
20 I now offer the following amendments.
23 Senator Morahan.
24 SENATOR MORAHAN: Thank you,
25 Mr. President. Can we now have the

(518) 371-8910
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1 noncontroversial reading of the calendar,
2 please.

6 238, by Senator C. Kruger, Senate Print 4541A,
7 an act to amend the Family Court Act and the
8 Domestic Relations Law.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect on the 90th day.
14 the roll.
18 bill is passed.
20 413, by Senator Golden, Senate Print 320A, an
21 act to amend the Penal Law.
25 act shall take effect on the first of

(518) 371-8910
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1 November.
3 the roll.
7 bill is passed.
9 440, by Senator Golden, Senate Print 6910, an
10 act to amend the Civil Service Law.
14 act shall take effect immediately.
16 the roll.
20 bill is passed.
22 572, by Senator LaValle, Senate Print 3202, an
23 act to amend the Tax Law.
24 ACTING PRESIDENT MAZIARZ: There
25 is a local fiscal impact statement at the

(518) 371-8910
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1 desk.
2 Read the last section.
4 act shall take effect on the first day of a
5 sales tax quarterly period.
7 the roll.

11 bill is passed.
14 6466A, an act to amend the Agriculture and
15 Markets Law.
21 the roll.
23 THE SECRETARY: In relation to
24 Calendar Number 619: Ayes, 61. Nays, 1.
25 Senator Montgomery recorded in the negative.

(518) 371-8910
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2 bill is passed.
4 623, by Senator Young, Senate Print 7224, an
5 act to amend the Agriculture and Markets Law.
7 the last section.
11 the roll.
13 THE SECRETARY: Ayes, 60. Nays,

14 2. Senators Bonacic and Little recorded in
15 the negative.
17 bill is passed.
19 688, by Senator Seward, Senate Print 6982,
20 Concurrent Resolution of the Senate and
21 Assembly proposing an amendment to Section 8
22 of Article 4 of the Constitution.
23 ACTING PRESIDENT MAZIARZ: On the
24 resolution, the Secretary will call the roll.

(518) 371-8910
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5 689, by Senator Skelos, Senate Print 6996A, an
6 act to amend the Education Law.
8 the last section.
12 the roll.
14 SENATOR SKELOS: Mr. President.
16 Senator Skelos.
17 SENATOR SKELOS: Just to explain
18 my vote.
19 This legislation addresses the
20 recent series of incidents through which
21 attorneys employed by both school districts
22 and private law firms received duplicate
23 payments for their services and became
24 eligible for public pension and healthcare
25 benefits.

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1 This legislation will clearly
2 prohibit independent contractors who are
3 providing services to a school district from
4 being classified as an employee of that school
5 district.
6 In addition, the bill provides that
7 any firm or individual that violates this
8 prohibition will be liable for three times the
9 amount illegally billed, and any individual
10 who violates this section shall be guilty of
11 professional misconduct.
12 I vote aye.
14 Senator Skelos will be recorded in the
15 affirmative.
16 Announce the results.
18 0.

20 bill is passed.
22 731, by Senator Rath, Senate Print 1311B, an
23 act to amend the Real Property Tax Law.

(518) 371-8910
3961
4 the roll.
8 bill is passed.
10 836, by Senator Volker, Senate Print 4632, an
11 act to amend --
12 SENATOR DUANE: Lay it aside,
13 please.
14 ACTING PRESIDENT MAZIARZ: Lay
15 the bill aside.
17 866, substituted earlier today by Member of
18 the Assembly Lentol, Assembly Print Number
19 10345, an act to amend the Civil Service Law.

23 act shall take effect on the first of March.
25 the roll.

(518) 371-8910
3962
4 bill is passed.
6 879, by Senator Padavan --
7 SENATOR MORAHAN: Lay it aside
8 for the day.
10 the bill aside for the day.
12 883, by Senator Seward, Senate Print 5053, an
13 act to amend the Insurance Law.
17 act shall take effect upon enactment into law
18 by two compacting states of legislation.
20 the roll.
24 bill is passed.

(518) 371-8910
3963
1 959, by Senator Trunzo, Senate Print 3925, an
2 act to amend the Executive Law.
4 the last section.
8 the roll.
12 bill is passed.
14 1065, by Senator Little, Senate Print 7467, an
15 act to amend the Correction Law.
21 the roll.
24 Senator Montgomery.
25 SENATOR MONTGOMERY: Yes, to

(518) 371-8910
3964
1 explain my vote.
3 Senator Montgomery, to explain her vote.
4 SENATOR MONTGOMERY: Yes,
5 Mr. President, I am absolutely in favor of
6 adaptive reuse and a plan for such. I think
7 that we owe it to the local community, if a
8 facility of the size and magnitude and
9 significance of a correctional facility is
10 going to be closed, there should be a planning
11 process.
12 But I don't believe that we want to
13 require that plan to come two years before the
14 facility is to close. So I'm going to oppose
15 this, only because I think that it really is
16 not -- it's not workable.
17 But we do want and I do support a
18 planning process and definitely adaptive reuse
19 of any facility that we're closing upstate.
20 Thank you. I vote no.
22 Senator Montgomery will be recorded in the
23 negative.
25 THE SECRETARY: Those recorded in

(518) 371-8910
3965
1 the negative on Calendar Number 1065 are
2 Senators Adams, Hassell-Thompson, Montgomery
3 and Perkins.
4 Ayes, 58. Nays, 4.

6 bill is passed.
9 the Assembly Gunther, Assembly Print Number
10 9703, an act to authorize the Town of Chester
11 in the County of Orange.
13 is a home-rule message at the desk.
18 the roll.
22 bill is passed.
24 1096, by Senator Morahan, Senate Print 7535,
25 an act to amend the Mental Hygiene Law.

(518) 371-8910
3966
2 the last section.
6 the roll.

9 1. Senator Duane recorded in the negative.
11 bill is passed.
14 the Assembly Pheffer, Assembly Print Number
15 10686, an act to amend the Agriculture and
16 Markets Law.
22 the roll.

(518) 371-8910
3967
1 bill is passed.
3 1200, by Senator Larkin, Senate Print 7778, an
4 act to amend the Highway Law.
6 the last section.
10 the roll.
14 Senators Duane, L. Krueger, Perkins and
15 Schneiderman.
16 Ayes, 58. Nays, 4.
18 bill is passed.
20 1202, by Senator Saland, Senate Print 1094A,
21 an act to amend the Education Law.
25 act shall take effect July 1, 2008.

(518) 371-8910
3968
2 the roll.
6 bill is passed.
8 1204, by Senator Saland, Senate Print --
10 for the day, please.
12 the bill aside for the day.

14 1301, by Senator Maziarz, Senate Print 5706C,
15 an act to amend the Economic Development Law.
21 the roll.

(518) 371-8910
3969
1 1. Senator LaValle recorded in the negative.
3 bill is passed.
6 the Assembly Alessi, Assembly Print Number
7 10082A, an act to amend the Tax Law.
9 is a local fiscal impact notice at the desk.
14 the roll.

18 bill is passed.
20 1347, by Senator Winner, Senate Print 7407, an
21 act to amend the Alcoholic Beverage Control
22 Law.

(518) 371-8910
3970
3 the roll.
7 bill is passed.
9 1354, by Senator Little, Senate Print 7913, an
10 act to amend the Alcoholic Beverage Control
11 Law.
17 the roll.

21 bill is passed.
23 1421, by Senator Libous, Senate Print 7397, an

(518) 371-8910
3971
1 the last section.
4 November.
6 the roll.
10 bill is passed.
13 the Assembly Morelle, Assembly Print Number
14 395A, an act to amend the Insurance Law.
18 act shall take effect January 1, 2009.
20 the roll.

23 Senator Alesi.
24 SENATOR ALESI: Mr. President, on
25 the bill.

(518) 371-8910
3972
1 As you know, several years ago we
2 founded the Healthy New York program, and it
3 was aimed to help small businesses, primarily,
4 get basic coverage that they otherwise would
5 not be able to afford.
6 Unfortunately, when the bill was
7 originally implemented, there was a
8 requirement that said if small businesses had
9 provided coverage for their employees within
10 the past 12-month period, that they could not
11 participate in Healthy New York.
12 Many small businesses then were
13 forced to carry no coverages, because they
14 couldn't afford regular coverage that was
15 provided by commercial carriers.
16 This removes the 12-month
17 requirement period, and it makes the field
18 more fair for all small businesses to
19 participate in Healthy New York, and therefore
20 helps their employees and the owners of those
21 small businesses to have basic healthcare
22 coverage.
23 And I'm proud to be the sponsor of
24 this bill, and thank my good friend in the
25 Assembly, Assemblymember Morelle, for his

(518) 371-8910
3973
1 assistance in carrying the bill in that house.
3 Senator Alesi will be recorded in the
4 affirmative.
5 Senator Seward.
6 SENATOR SEWARD: Yes,
7 Mr. President, to explain my vote.
8 I'm very pleased to rise in support
9 of this legislation and to congratulate
10 Senator Alesi for sponsoring this bill.
11 This legislation is one more step
12 that this house is taking to make health
13 insurance more available and affordable to
14 more people and particularly, in this case,
15 small businesses of New York State.
16 It is a big step we're taking
17 today, and the result will be that more small
18 businesses will be able to offer health
19 insurance to their employees. That's good for
20 everyone.
21 I vote aye.
23 Senator Seward will be recorded in the
24 affirmative.

(518) 371-8910
3974

2 0.
4 bill is passed.
5 Senator Connor.
6 SENATOR CONNOR: Thank you,
7 Mr. President.
8 I just want to let the record
9 reflect I was out of chamber, and had I been
10 here, I would have voted no on Calendar Number
11 1200, S7778.
13 record will so reflect, Senator Connor.
14 SENATOR CONNOR: Thank you.
19 act to amend the Insurance Law.
25 the roll.

(518) 371-8910
3975
4 bill is passed.
7 an act to establish a temporary task force.
9 the last section.
13 the roll.
16 ACTING PRESIDENT LIBOUS: The
17 bill is passed.
20 the Assembly Ortiz, Assembly Print Number
21 10934, an act to amend the Geriatric Mental
22 Health Act.
23 ACTING PRESIDENT LIBOUS: Read

(518) 371-8910
3976
2 ACTING PRESIDENT LIBOUS: Call
3 the roll.
7 bill is passed.
10 the Assembly Rivera, Assembly Print Number
11 10811, an act to amend the Mental Hygiene Law.
15 act shall take effect January 1, 2009.
17 the roll.
21 bill is passed.
24 an act to amend the Mental Hygiene Law.

(518) 371-8910
3977
1 the last section.
5 the roll.
9 bill is passed.

11 1560 --
13 for the day.
14 ACTING PRESIDENT LIBOUS: Lay
15 that bill aside for the day.
17 1601, by Senator Young, Senate Print 5685A, an
18 act to amend the Tax Law and others.
24 the roll.

(518) 371-8910
3978
3 bill is passed.
5 1632, by Senator Padavan, Senate Print 7728,
8 the last section.
12 the roll.

14 ACTING PRESIDENT LIBOUS: Senator
15 Smith, to explain his vote.
16 SENATOR SMITH: Yes,
17 Mr. President, I'd just like to explain my
18 vote.
19 This particular bill that the
20 sponsor has put forward is actually one of a
21 series of bills that the trilevel task force
22 that was organized last year and held hearings
23 around the state has put forth.
24 A report that they recently put out
25 called "Improving Public Confidence in Law

(518) 371-8910
3979
1 Enforcement and Our Criminal Justice System,"
2 by the trilevel task force, has a series of
3 bills that we believe are law enforcement
4 friendly, that will develop not only a better
5 law enforcement team for the State of New York
6 but also allow the community to have a better
7 relationship with law enforcement.
8 This bill today will obviously help
9 with retention of police officers. It will
10 also provide incentives for them to do a
11 better job performance. Last week we passed a
12 bill that basically waived tuition payments
13 for one year for anyone that was in a
14 baccalaureate program in the CUNY system.
15 This provides a waiver for two classes for a
16 two-year period of time.

17 It's a good bill. It sends a good
18 message to the police department within the
19 City of New York. And I give a vote of
20 confidence to the bill but also congratulate
21 the sponsor for coming forward with such a
22 great bill at a great time, as it is one
23 that's in this report that says a lot about
24 the people of the State of New York.

(518) 371-8910
3980
1 Malcolm Smith will be recorded in the
2 affirmative.
5 0.
7 bill is passed.
10 the Assembly Wright, Assembly Print Number
11 564A, an act to amend the Executive Law.
15 act shall take effect on the first of January.
17 the roll.

20 Smith, to explain his vote.
21 SENATOR SMITH: Thank you,
22 Mr. President.
23 Again, I rise to support this bill.
24 This is another bill that was in our report on
25 improving public confidence in law

(518) 371-8910
3981
1 enforcement.
2 This particular bill deals with
3 diversity. And as you know, the State of
4 New York is extremely diverse in the ethnic
5 backgrounds that are here. And obviously a
6 bill that will allow for better training of
7 individual cultures and backgrounds only does
8 well for how the law enforcement people will
9 be policing the people of this state.
10 So again, I want to thank my
11 colleagues and thank all those in the trilevel
12 task force who worked so hard over the last
13 year to bring out these series of bills which
14 are being passed today.
15 Thank you very much, Mr. President.
17 Smith will be recorded in the affirmative.
18 Results.
20 0.
22 bill is passed.
24 1695, by Senator Leibell, Senate Print --

(518) 371-8910
3982
1 for the day.
5 1729, by Senator Leibell, Senate Print 8312,
6 an act in relation to state aid payments.
8 for the day.
13 the Assembly Millman, Assembly Print Number
14 10324A, an act to amend the Tax Law.
15 ACTING PRESIDENT LIBOUS: There
16 is a local fiscal impact note at the desk.
19 act shall take effect on the first day of the
20 sales tax quarterly period.
22 the roll.

(518) 371-8910
3983
1 bill is passed.
4 act to amend Chapter 549 of the Laws of 2005.
6 the last section.
10 the roll.
14 bill is passed.
16 1831, by Senator Lanza, Senate Print 8020A, an
17 act enacting Michelle and Jordan's Law.
23 the roll.

(518) 371-8910
3984

2 bill is passed.
4 1851, by Senator Maziarz, Senate Print 8481,
5 an act to amend the Public Service Law.
7 the last section.
11 Maziarz rises to explain his vote.
12 SENATOR MAZIARZ: Thank you,
13 Mr. President, to explain my vote.
14 This is a very, very important bill
15 that we are passing right now. There is
16 agreement with the Assembly for introducing,
17 approving net metering in the State of
18 New York.
19 I first of all want to recognize my
20 colleague Senator Owen Johnson. This is
21 actually a series of three different bills,
22 two of which were sponsored by Senator Owen
23 Johnson and one by myself.
24 This is going to put New York in a
25 great position for investment for green jobs,

(518) 371-8910
3985
1 green buildings, green energy.
2 I do want to acknowledge my
3 counterpart in the Assembly who was appointed
4 chairman of the Assembly Energy Committee

5 about the same time that I took over chair
6 here of the Energy Committee, Assemblyman
7 Kevin Cahill, and Assemblyman Steve
8 Englebright. We've worked very diligently,
9 very hard on this particular issue of net
10 metering.
11 Basically, meters in the State of
12 New York are going to turn both ways. When
13 you are using energy, you get charged. But
14 when you're producing energy that you don't
15 use, you're putting out onto the grid, you're
16 going to get a credit on your electric bill
17 for that.
18 I do want to acknowledge my ranking
19 member, Senator Kevin Parker.
20 Senator Smith, Senator Malcolm
21 Smith, I'm here throwing some bouquets at
22 Senator Kevin Parker, and he's not here to
23 hear it, so I wanted you to hear it so that
24 you could tell him that I said it. Okay?
25 Yesterday, Senator Adams asked me

(518) 371-8910
3986
1 to meet with a group of high school students
2 from his Senate district from the City of
3 New York, and I showed them this particular
4 book. I don't think this comes down to the
5 prop rule that Senator Schneiderman broke
6 Monday. But this book, put out by the
7 Interstate Renewable Energy Council --

8 ACTING PRESIDENT LIBOUS: It may
9 not, but you're close, sir.
10 SENATOR MAZIARZ: -- and the
11 Solar Alliance, rates each state on where they
12 are in net metering, and states that some of
13 us have probably -- you know, are not very
14 familiar with. Hawaii has a C, Indiana a D,
15 Arizona an F. New York, unfortunately,
16 unfortunately, has a D.
17 By voting for this legislation, by
18 approving this legislation here today -- and
19 the Assembly is going to do it tomorrow,
20 because we're always ahead of them -- by
21 approving this legislation and the Governor
22 signing it, New York is going to go from a D
23 to an A.
24 Senator Schneiderman didn't do that
25 well in school. He never went from a D to an

(518) 371-8910
3987
1 A. But we are going to go from a D to an A
2 thanks to the great efforts of Senator Owen
3 Johnson, all of my colleagues on the Senate
4 Energy Committee, and my colleagues in the
5 Assembly.
6 Mr. President, I vote in the
7 affirmative. Thank you.
8 ACTING PRESIDENT LIBOUS: Thank
9 you, Senator Maziarz.
10 Senator Adams.
11 SENATOR ADAMS: Mr. President,
12 you know, I too rise. I think that the issue
13 of global warming, the issue of energy
14 consumption, I just want to really commend --
15 ACTING PRESIDENT LIBOUS: Excuse
16 me, Senator Adams.
17 Could we have a little order in the
18 chamber, please. The Senator is addressing
19 you on the floor.
20 Thank you.
21 SENATOR ADAMS: I want to commend
22 my colleague Senator Maziarz on this bill.
23 I think when you start to look at
24 the price of gas, when you start to look at
25 the cost of energy, that we must start the

(518) 371-8910
3988
1 process of attacking this problem from all the
2 different angles, from finding alternative
3 fuel sources to using the whole concept of net
4 metering. And it allows us to start to think
5 about how do we ensure we combat and hit the
6 issues of the global warming head on.
7 And I think that this is the
8 innovative way that we can do -- oftentimes we
9 look at that whole concept of what can one man
10 do. But clearly the introduction of bills
11 like this show that we can make an impact on
12 how we start the process of turning our
13 country around. And New York City and

14 New York State can be the leader in doing so.
15 So again, I want to thank those who
16 presented this bill, particularly Senator
17 Maziarz. And I know Senator Parker also has
18 me concerned about dealing with the issues of
19 net metering and dealing with the issues of
20 fuel consumption and what can we do as a state
21 legislature to start the process of leading
22 the nation on finding alternative forms of
23 fuel.
24 We can no longer allow ourselves to
25 be prisoners by those who are overseas when we

(518) 371-8910
3989
1 can do some things here in our great state to
2 lead the entire nation.
3 Thank you.
5 you, Senator Adams.
6 Senator Nozzolio.
8 Mr. President. On the bill.
9 I want to congratulate Senator
10 Maziarz for his leadership in fashioning and
11 constructing this legislation that will move
12 us forward. It's a win-win for the consumers.
13 It's a win for those of us who support the
14 development of alternative energy sources.
15 It's a win for upstate and the
16 upstate economy, and particularly the portions

17 of the economy that are fighting hard to
18 ensure that alternative sources of energy are
19 fully developed and fully explored.
20 That that type of development will
21 bring jobs to the upstate economy. It will
22 enhance already businesses waiting for this
23 type of legislation that will enhance our
24 energy development and expand our energy
25 supplies. Expand our energy supplies, I

(518) 371-8910
3990
1 hasten to add, with the development of
2 alternative energy sources. And we in upstate
3 are ideally poised for this. With net
4 metering, we will see it develop.
5 So I thank, again, the sponsor,
6 Senator Maziarz, as chair of the Energy
7 Committee. I am very pleased to serve on that
8 committee with him. And that we can expand
9 our energy independence with this legislation.
12 Nozzolio, I'm assuming you're voting in the
13 affirmative.
14 SENATOR NOZZOLIO: Yes.
16 Nozzolio in the affirmative.
17 Senator Owen Johnson.
18 SENATOR OWEN JOHNSON: Thank you,
19 Mr. President.
20 I'd really like to add my
21 congratulations to the chairman of the Energy
22 Committee, the newly coined chairman. And he
23 dug right in. And there were bills that were
24 hanging around for a while on alternative
25 energy, solar, and we didn't get very far

(518) 371-8910
3991
1 until Senator Maziarz took over the committee.
2 And the bill that I had, providing
3 solar and biomass generation for commercial
4 operations, has passed with his support. And
5 now his bill, of course, with the wind energy
6 is another plus.
7 So we really have a good package in
8 this chairman as the one that helped to put it
9 together. I want to congratulate him, I want
10 to thank him for what he's done so far. And
11 we are really on the right track because of
12 his actions.
13 Thank you very much, George.
15 Johnson votes in the affirmative.
16 Any other Senators want to explain
17 their vote?
18 If not, could we complete the roll
19 and have the results, please.
22 0.
24 bill is passed.

(518) 371-8910
3992
1 1870, by Senator Golden, Senate Print 6298A,
2 an act to amend the Executive Law and the
3 Social Services Law.
5 the last section.
9 the roll.
13 bill is passed.
16 the Assembly Kavanagh, Assembly Print Number
17 10343C, an act to amend the Agriculture and
18 Markets Law.
24 the roll.

(518) 371-8910
3993
2 Connor, to explain his vote.
4 Mr. President.
5 I'm delighted to support this, and
6 I want to congratulate Senator Maltese.
7 The one thing that this house has
8 always done that I'm very proud of is take the
9 lead on humane legislation, the way we treat
10 our pets. And this bill gives new enforcement
11 powers to police officers and peace officers
12 to intervene when pets, companion animals, are
13 locked in a car by negligent owners --
14 criminal owners, frankly -- during a hot or
15 cold day, defenseless animals. And it allows
16 for their immediate rescue, and that's a good
17 thing.
18 And I know in this house Senator
19 Padavan has often taken the lead on humane
20 legislation. And I'm delighted to support
21 this legislation, as I've supported similar
22 legislation in the past.
23 So I vote aye, Mr. President.
25 Connor, in the affirmative.

(518) 371-8910
3994
1 Senator Adams, to explain his vote.

2 SENATOR ADAMS: I too,
3 Mr. President, rise in support of this
4 legislation.
5 What was surprising to me that I've
6 learned two weeks ago when we hit several
7 series of 95-plus-degree weather is that
8 although the State Department of Education has
9 a requirement for cold-weather emergencies, we
10 have no specifications for hot weather.
11 And so just as we look at how we
12 treat animals inside cars, we have to
13 reexamine how we're treating our children
14 inside the classroom. Again, I point to
15 global warming. We're moving into a period
16 where the summers are going to become closer.
17 During the month of June we experienced
18 95-plus-degree weather days. Normally our
19 children are out of school by the time we
20 reach the months of July and August, so we
21 don't have to deal with the issues of heat.
22 But that is not a reality now.
23 In some of the schools,
24 particularly in the cafeteria area, the heat
25 goes up to 120 degrees without any

(518) 371-8910
3995
1 ventilation, without any fans. We have a
2 responsibility of how we treat our animals,
3 and we have a greater responsibility of how we
4 treat our children. We must reexamine how our

5 children are dealt with in those very
6 difficult climates.
7 Children, like seniors and animals,
8 cannot control their body temperature at the
9 same rate. And I commend this legislation
10 that talks about the heat and animals, but at
11 the same time I think we must go back to the
12 drawing board and reexamine what is taking
13 place in our old, antiquated school systems
14 without air-conditioning units, and our young
15 children are there under similar climates to
16 be locked into makeshift classrooms without
17 any form of air-conditioning, any form of
18 ventilation and any form of relief from any
19 form of heat or heat exhaustion.
20 So I thank Senator Maltese for this
21 legislation, and I look forward to us dealing
22 with the same aspect of heat and how it
23 impacts our children in the future.
24 Thank you.

(518) 371-8910
3996
1 Adams in the affirmative.
2 Senator LaValle, to explain his
3 vote.
4 SENATOR LaVALLE: To explain my
5 vote.
6 I couldn't agree more with Senator
7 Adams in terms of children and so forth. But

8 I would also say that our animals, our
9 companions, are part of our family and really
10 need to be treated with the same degree of
11 concern and respect.
12 And so I congratulate Senator
13 Maltese for getting involved in this and
14 speaking on behalf of people who can't speak
15 for themselves.
18 LaValle in the affirmative.
19 Results.
21 0.
23 bill is passed.

(518) 371-8910
3997
1 the Assembly Sweeney, Assembly Print Number
2 6164, an act to amend the Public Service Law
3 and the Public Authorities Law.
5 the last section.
9 the roll.

13 bill is passed.
15 1915, by Senator Hannon, Senate Print 4019A,
16 an act to amend the Public Health Law.
22 the roll.

(518) 371-8910
3998
1 bill is passed.
3 1916, by Senator Trunzo, Senate Print 5351A,
4 an act to amend the Public Authorities Law.
6 the last section.
10 the roll.

14 bill is passed.
17 the Assembly Hoyt, Assembly Print Number
18 8059C, an act to amend the County Law and the
19 New York State Urban Development Corporation
20 Act.

(518) 371-8910
3999
1 the roll.
5 bill is passed.
8 an act to amend the Vehicle and Traffic Law.
14 the roll.

18 bill is passed.
20 1920, by Senator Lanza, Senate Print 6479A, an
21 act to amend the Vehicle and Traffic Law.
25 for the day, please.

(518) 371-8910
4000
2 leader has requested the bill be laid aside
3 for the day.
5 1921, by Senator DeFrancisco --
6 SENATOR KLEIN: Lay it aside,
7 please.
9 this bill aside.
11 1922, by Senator Lanza, Senate Print 6745, an
12 act to amend the Public Service Law.
18 the roll.

22 bill is passed.
24 1923 --

(518) 371-8910
4001
1 for the day.
3 this bill aside for the day.
6 the Assembly Magee, Assembly Print Number
7 9862, an act to amend the Alcoholic Beverage
8 Control Law.
14 the roll.
18 bill is passed.
20 1925, by Senator Winner, Senate Print 7062, an
21 act to amend the Executive Law.


(518) 371-8910
4002
2 the roll.
6 bill is passed.
8 1926, by Senator Stewart-Cousins, Senate Print
9 7154, an act authorizing the Gate of Heaven
10 Cemetery to transfer land.
16 the roll.
20 bill is passed.
23 the Assembly Brook-Krasny, Assembly Print
24 Number 10508, an act to amend the Retirement
25 and Social Security Law.

(518) 371-8910
4003
2 the last section.
6 the roll.
10 bill is passed.
12 1929, by Senator Farley, Senate Print 7434, an
13 act to amend the Banking Law.
19 the roll.
23 bill is passed.

(518) 371-8910
4004
1 the Assembly Farrell, Assembly Print Number

2 10766, an act to amend the Tax Law and the
3 Administrative Code of the City of New York.
5 the last section.
9 the roll.
13 bill is passed.
15 1932, by Senator Maziarz, Senate Print 7664B,
16 an act to amend the Public Service Law.
22 the roll.

(518) 371-8910
4005
1 bill is passed.

6 the last section.
10 the roll.
14 bill is passed.
16 1935, by Senator Winner, Senate Print 7850A,
23 the roll.

(518) 371-8910
4006
2 bill is passed.
4 1936, by Senator Flanagan, Senate Print 8000A,
5 an act to amend the Retirement and Social
6 Security Law.

8 the last section.
12 the roll.
15 1. Senator Perkins recorded in the negative.
17 bill is passed.
19 1937, by Senator Fuschillo, Senate Print 8036,
20 an act to amend the Vehicle and Traffic Law
21 and the State Finance Law.
25 act shall take effect April 1, 2009.

(518) 371-8910
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2 the roll.
6 bill is passed.
8 1939, by Senator Trunzo, Senate Print 8307A,

15 the roll.
19 bill is passed.
22 an act to amend the Private Housing Finance
23 Law.

(518) 371-8910
4008
4 the roll.
8 bill is passed.
11 the Assembly Zebrowski, Assembly Print Number
12 11095, an act to amend Chapter 581 of the Laws
13 of 2005.
19 the roll.
23 bill is passed.
25 1942, by Senator Griffo, Senate Print 8392, an

(518) 371-8910
4009
3 the last section.
7 the roll.
11 bill is passed.
14 act authorizing the Office of General
15 Services.

21 the roll.
25 bill is passed.

(518) 371-8910
4010
2 1944, by Senator Lanza, Senate Print 8397, an
3 act to amend the Public Authorities Law.
5 the last section.
9 the roll.
12 Adams, to explain his vote.
13 SENATOR ADAMS: Yeah, I want to
14 thank Senator Lanza for this bill. I
15 introduced a similar bill.
16 You know, just the thought that
17 when our constituents cross a bridge or a
18 tunnel, the last thing anyone asks is are you
19 a Democrat or a Republican; they have to pay

20 the price. And Senator Lanza and I did a
21 joint press conference where we called on the
22 board to turn in their E-ZPasses.
23 I think that in order for anybody
24 to understand what the full brunt of having to
25 pay increased tolls, they need to ride the

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1 trains and buses and pay the price. Men and
2 women should not sit in a room and decide the
3 impact on commuters without understanding what
4 is the cost process affected. There's no
5 reason why board members, many of them worth
6 millions of dollars, were having a free
7 E-ZPass to move to and from on our bridges in
8 a free manner.
9 And I want to commend Senator Lanza
10 for introducing this bill. I think it's
11 important that we have to lead by example, to
12 call on our board members, when you volunteer
13 to be on the board, you do just that. And I
14 will say over and over again, I'm a volunteer
15 Boy Scout. I don't get free cookies for life.
16 So we shouldn't be getting a free E-ZPass for
17 life for whose who volunteer on the board.
18 Volunteerism is just that; you
19 volunteer, you give back to the great state
20 that permitted you to be a great leader in the
21 first place. And I think that this bill is
22 applicable to today's times, when tolls are

23 increasing, gas prices are increasing, and the
24 average public, the nine-to-five girl or man,
25 is having the requirement to pay these high

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1 costs. And our MTA board should do the same.
2 I vote in the affirmative.
4 Adams in the affirmative.
5 I believe, sir, that the Girl
6 Scouts sell cookies.
7 (Laughter.)
8 ACTING PRESIDENT LIBOUS:
9 Results.
11 0.
13 bill is passed.
15 1947, by Senator Flanagan, Senate Print 8485,
16 an act to amend the Public Authorities Law.
22 the roll.

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1 bill is passed.
4 act in relation to adjusting certain state aid
5 payments.
7 the last section.
11 the roll.
15 bill is passed.
17 1951, by Senator Saland, Senate Print 8517, an
18 act to amend the General Business Law.
24 the roll.

(518) 371-8910
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3 bill is passed.
6 act to amend Chapter 989 of the Laws of 1958,
7 creating a temporary state commission.
9 the last section.
13 the roll.
17 bill is passed.
19 1953, by Senator Skelos, Senate Print 8530, an
20 act to amend the Education Law and the
21 Retirement and Social Security Law.

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1 November.
3 the roll.

6 Skelos, to explain his vote.
8 Mr. President.
9 Currently, state law provides that
10 a person who knowingly makes a false
11 statement, falsifies or permits to be
12 falsified any record or records of the
13 retirement system in any attempt to defraud
14 the system shall be guilty of a misdemeanor.
15 This legislation goes further by
16 establishing a Class E felony if such person
17 accrues a benefit of $1,000 or more as a
18 result of such actions, and a Class D felony
19 if they receive a benefit of $3,000 or more.
21 Skelos in the affirmative.
22 Results.
24 0.

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1 bill is passed.
6 the last section.

10 the roll.
14 bill is passed.
15 Senator Morahan, that completes the
16 noncontroversial calendar. What is your wish,
17 sir?
18 SENATOR MORAHAN: May we please
19 take up the controversial reading of the
20 calendar, please.
22 Morahan has requested that we now take up the
23 controversial calendar. And if the Secretary
24 will read.
25 Before the Secretary reads, we must

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1 rings the bells so that members will come to
2 the chamber and be in their seats for votes.
3 Ring the bells, please.
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT LIBOUS: Is
9 there an explanation asked for?
10 SENATOR SCHNEIDERMAN: Nah, I'll

11 do my amendment.
12 ACTING PRESIDENT LIBOUS: Excuse
13 me. Senator Schneiderman, why do you rise?
14 SENATOR SCHNEIDERMAN: I believe
15 I have an amendment at the desk.
16 Mr. President, I would request that the
17 reading be waived and I be allowed to proceed
18 with the amendment.
20 reading is waived, and you may be heard on
21 your amendment, sir.
23 Mr. President.
24 This is a bill that is brought
25 forward every year to restore the death

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1 penalty in the State of New York. And the
2 issue of the death penalty is obviously one of
3 the most serious issues we face as a
4 Legislature.
5 My amendment would add to this
6 bill, to Senator Volker's bill, requirements
7 that we make the law as exacting as possible
8 when it comes to ensuring that innocent people
9 are not wrongfully convicted.
10 And I respectfully suggest that
11 anyone who's thinking about supporting the
12 death penalty has really an ethical obligation
13 to support this amendment as well.

14 This amendment would do several
15 things. First of all, it would provide
16 comprehensive structure and reform to our
17 state's system of DNA databases.
18 We all know that DNA evidence is a
19 wonderful tool for convicting the guilty and
20 exonerating the innocent, but in the State of
21 New York it is not effectively used in many,
22 many cases, and in some entire areas of the
23 state, because we do not have comprehensive
24 statewide standards for the preservation and
25 cataloguing of DNA evidence, we do not have a

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1 rule that entitles every defendant to
2 automatically be able to get a test of their
3 DNA with the crime scene DNA.
4 Think of that, Mr. President.
5 There are crimes -- and we've had instances in
6 which this has taken place -- when a defendant
7 was eventually exonerated, years after
8 conviction, when they finally got a test of
9 their DNA with the crime scene DNA. How many
10 other people may be doing time because they
11 have not been able to get that test?
12 This amendment would also establish
13 a commission on the integrity of the criminal
14 justice system, an innocence commission, that
15 would study the errors made in wrongful
16 conviction cases and help us improve the

17 system. They would have the authority to look
18 into all of the problems we face.
19 There have been problems with
20 lineup procedures and wrongful eyewitness
21 identification. There have obviously been
22 problems with, you know, losing DNA or having
23 rogue DNA databases that confuse the process.
24 The commission on the integrity of the
25 criminal justice system would enable us, going

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1 forward, to ensure that every possible
2 safeguard is provided that so that innocent
3 people are not convicted.
4 And, finally, and this is something
5 that many of us have been discussing already
6 today, this amendment will require the
7 videotaping of custodial interrogations in
8 felonies.
9 This morning a group of us watched
10 a videotape of the confession of a young man
11 named Frank Esposito in the year 2001, when he
12 was arrested and accused of lighting a fire in
13 a stables in Brooklyn that killed 21 horses.
14 Mr. Esposito was taken into
15 custody, he was 17 years old, he was told he
16 could call a lawyer. He didn't know a lawyer.
17 He wanted to call his mother, because he'd
18 never been out all night by himself. They
19 would not let him call his mother.

20 He was interrogated for 18 hours in
21 a room that was posted with the pictures of
22 dead horses and pictures of Mr. Esposito and
23 his family, which the police lied and said
24 reflected an ongoing surveillance of him.
25 He requested a polygraph

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1 examination, requested a lie detector test.
2 The police proffered a detective as a
3 polygraph expert who was in fact not a
4 polygraph expert, gave him a lie detector
5 test -- which he passed -- and they told him
6 he had failed the lie detector test.
7 They also told him that his alibi
8 witnesses did not check out, when in fact the
9 alibi witnesses did check out.
10 And after 18 hours, being told he
11 couldn't call his mother unless he confessed,
12 being told that if he apologized to the
13 camera, things would go easy for him, he
14 confessed.
15 Now, in that case his parents were
16 able to raise almost $200,000, hire an
17 extraordinary defense lawyer who then ended up
18 doing a lot of his work pro bono, and produce
19 the cellphone records and alibi witnesses to
20 show that the young man was innocent.
21 That is a situation in which, had
22 we had custodial interrogations videotaped, he

23 would never have had to go through that.
24 Now, you know, many of you, some of
25 my colleagues from Long Island know well the

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1 case of Martin Tankleff, who was convicted
2 wrongfully of having murdered both of his
3 parents. If you can imagine anything worse
4 than that, a 16-year-old kid was convicted of
5 murdering his parents, DNA evidence eventually
6 demonstrated that he didn't do it, and he's
7 now awaiting the final review of his case.
8 He was told by the police, to
9 induce his confession, that his father had
10 stayed alive long enough to finger him and
11 that his DNA was found under his mother's
12 fingernails -- both untrue.
13 So, ladies and gentlemen, there's a
14 real resistance to the notion that innocent
15 people confess to crimes they did not commit.
16 It happens all the time. The only way for us
17 to ensure that every confession is a
18 legitimate is to require the videotaping of
19 custodial interrogations.
20 This is being done in jurisdictions
21 around the country. And in case after case,
22 while there's resistance to it by law
23 enforcement at the beginning, they end up
24 loving it, because this ensures that no sharp
25 defense lawyer -- no offense to any of my

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1 colleagues intended -- can undermine a
2 legitimate confession, because there's no way
3 to challenge it.
4 So I'm speaking at length about
5 this issue because the videotape this
6 morning -- and I would offer to my colleagues
7 on the other side of the aisle a viewing of
8 the videotape anytime you want -- is
9 absolutely chilling. We have to prevent
10 innocent people from going to jail. We have
11 to allow a full and fair consideration of all
12 DNA evidence. And we need an innocence
13 commission going forward.
14 I do not see how in good conscience
15 any of you supporters of the death penalty can
16 vote for a death penalty bill without taking
17 these additional steps, without also agreeing
18 to this amendment, without ensuring that no
19 innocent person is ever put to death by the
20 State of New York.
21 I hope everyone will vote in
22 support of this amendment, Mr. President.
24 you, Senator Schneiderman.
25 Senator Volker.

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1 SENATOR VOLKER: Mr. President, I

2 have to say -- and normally I wouldn't
3 speak -- but what you did was you should take
4 out the death penalty entirely. The death
5 penalty is not in this bill now. And you have
6 inserted, and I understand, for public
7 relations purposes, the language on DNA and on
8 the confession stuff.
9 Some of what you said, by the
10 way -- and we've checked out some of the
11 assertions by the innocence group. Some of
12 them are flat-out false, by the way. And I
13 don't -- look it, but I will have to say,
14 something is non-germane here. Either my bill
15 is non-germane, or your amendment is
16 non-germane.
17 Your amendment makes this bill
18 strictly a bill that pertains to the
19 commission on innocence and of course the
20 photographing of all confessions, which is
21 fine. By the way, as we sit here, we've had a
22 couple more loony decisions by judges in this
23 state that are letting more people out.
24 The one thing we don't have to
25 worry about in this state is -- the ACLU was

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1 in here saying we've got to worry about this
2 partial DNA. Does anybody here truly believe
3 that a judge in this state would accept that?
4 Of course they wouldn't. I mean, the problem

5 we have here is that a lot of the assertions
6 we are making are kind of silly.
7 But I've got to tell you, anybody
8 who'd vote for this -- you want to vote for
9 it? Go ahead. It has nothing to do with the
10 death penalty. This is a way of voting for
11 all the stuff that DAs are saying would make
12 prosecutions in some cases virtually
13 impossible. Not necessarily because the
14 theories are bad, but he just mentioned about
15 a confession which was publicly made. I mean,
16 a number of the people who the Innocence
17 Project claims were innocent confessed
18 publicly. And then they said, Well, we found
19 some other evidence, so that confession was
20 forced. Oh, yeah, sure. I'm sure that's
21 probably true.
22 The problem you have is we have no
23 evidence that anyone ever executed in this
24 state was innocent. We also have found out
25 that without even DNA, we found that some

(518) 371-8910
4026
1 people -- it is true, a handful were found
2 guilty, by juries, who are innocent. Just a
3 handful, by the way.
4 But my only thought is you go ahead
5 and vote for this, but I've got to tell you,
6 nobody who supports the death penalty should
7 ever vote for this, because you'll be

8 eliminating the death penalty and putting
9 something in which has absolutely no
10 application to anything.
11 Now, I don't mind -- by the way, we
12 probably are doing -- as Senator Smith knows,
13 your leader, we are doing, I believe, some
14 tests on videotaping. You have to be careful,
15 because remember, this probably is the most
16 defense-conscious state in the nation. So
17 that what the DAs are worried about, that
18 somehow this could be used to find people
19 innocent even if the evidence is clear.
20 As far as the public integrity
21 stuff and the commission, eventually we'll do
22 it. But I've got to tell you, we're going to
23 make sure that we don't do what the Innocence
24 Project does, is looking for people that are
25 guilty to find them innocent. We want to find

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1 people that are actually innocent. I'm not so
2 sure that the Innocence Project really cares.
3 They want to get people out of jail. But
4 that's not what we should be about in this
5 Legislature.
6 So I'd just ask my colleagues, you
7 can't vote for this. Because if you do vote
8 for this, you're saying we don't care about
9 the death penalty, period. So I suppose, you
10 know, anybody that's opposed to the death

11 penalty, it's a good public relations move.
12 But it has no application to criminal justice.
13 ACTING PRESIDENT LIBOUS: On the
14 amendment, those Senators in agreement please
15 signify by raising their hands.
17 agreement are Senators Adams, Breslin, Connor,
18 Diaz, Dilan, Duane, Hassell-Thompson,
19 L. Krueger, Montgomery, Onorato, Oppenheimer,
20 Perkins, Sabini, Savino, Schneiderman,
21 Serrano, Smith, Stewart-Cousins and Thompson.
22 ACTING PRESIDENT LIBOUS: This
23 amendment is not agreed to.
24 On the bill.
25 Senator Volker, do you wish to

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1 speak on the bill?
2 SENATOR VOLKER: Yes.
4 Volker to speak on the bill.
5 SENATOR VOLKER: And very
6 honestly, I wouldn't have spoken on the
7 amendment, except that it was not done quite
8 the way it probably should have been done.
9 But, you know, it literally did
10 take the whole death penalty piece out of it
11 and made it a non-death penalty bill. I know
12 that wasn't the intention, but I thought I
13 should point that out.

14 But what you did if you voted for
15 it, you just voted for the Innocence Project
16 and all the rest of the stuff, you didn't vote
17 for the death penalty.
18 I can only say this bill,
19 essentially the same bill, passed 38 to 24.
20 You know, I have gotten a lot of
21 mail from anti-death penalty people telling me
22 that every study has shown the death penalty
23 not to be a deterrent, which is a bald-faced
24 lie. In fact, there was just one here by some
25 of your favorite people -- and these,

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1 surprisingly, were collegiate people. That
2 is, they were law school people. There are
3 some law schools that are not as crazy as NYU
4 and some of the other places in this state,
5 who, you know --
6 (Boos.)
7 SENATOR VOLKER: Let me -- let me
8 tell you why I say that.
9 ACTING PRESIDENT LIBOUS: Can we
10 have a little order in the chamber, please
11 Senator Volker has the floor. Please keep
12 your personal comments to yourself.
13 Senator Volker.
14 SENATOR VOLKER: When the Brennan
15 Commission came out, which of course was -- we
16 all upstate consider the Brennan Commission to

17 be basically an attack on upstaters more than
18 anything. But a professor from NYU, a very
19 bright guy, wrote me a letter, Frank Padavan
20 and I, and said he believed in the death
21 penalty, but not for killers, because most of
22 those people are really not bad people. He
23 thought we ought to have the death penalty for
24 big businesspeople who cheat people. And he
25 was serious.

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1 And I said -- I wrote him a letter
2 and said, Sir, I think you maybe ought to
3 check a little bit. And then he told me about
4 all the times he'd been in prison.
5 You know, ladies and gentlemen, the
6 biggest problem I have with what's happened in
7 this state is that we have had judges that
8 have overruled the Legislature on all sorts of
9 things. And what we have here is a classic
10 example. A lot of attorneys who oppose the
11 death penalty told me that the jury
12 nullification decision by the Court of Appeals
13 was outrageous. And it was outrageous. I
14 mean, their reasoning was completely crazy.
15 Just remember something. This
16 state has been extremely cautious in dealing
17 with the death penalty over the years. The
18 problem we have is since the death penalty was
19 overruled -- it was not declared

20 unconstitutional, by the way, as some people
21 say. That's not what happened. If it had
22 been, we might have been able to go to the
23 federal courts and overrule our Court of
24 Appeals. It's possible.
25 A lot of police officers have died,

(518) 371-8910
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1 I mean a lot, in a short period of time. My
2 conscience would not be clear if I didn't at
3 least make an attempt to restore the death
4 penalty.
5 There have been lots of studies
6 that show the death penalty deters. Of course
7 it does. I mean, the issue is that you
8 overrule it with other issues. And the media
9 is in a period when it's willing to listen to
10 those who say, well, you know, things are
11 going pretty good in criminal justice because
12 fewer people have been getting killed across
13 the country. Of course they ignore the fact
14 that there's death penalties in a lot of
15 states.
16 And they say, well, but in Europe,
17 you don't have a death penalty. That's right,
18 but something that people don't realize, the
19 murder rate in Europe has been rising
20 dramatically. Of course, this is the
21 wealthiest country in the world, and what we
22 do here is different than a lot of other

23 places.
24 I can only say this -- and I
25 realize that the Assembly is now safely

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1 ensconced in a problem involving a lot of
2 criminal justice stuff, and one of these is
3 the death penalty. It will be restored, it's
4 just a matter of time. We now believe that we
5 probably have the votes in the Court of
6 Appeals.
7 Although I'm the first to admit to
8 you, we just had a judge that told us, ordered
9 us to pay the judges, and a local newspaper
10 believed you can do that, which is ridiculous.
11 No judge can order this Legislature to pay
12 them. In fact, I mean, when you think of it,
13 it's insane. If people could just order this
14 Legislature to do things -- we're elected by
15 the people.
16 And my only response to what's been
17 said here about innocence and all that, I
18 realize this is a political year and I realize
19 that there is a lot of animosity toward law
20 enforcement right now. But I warn everybody
21 here, the death penalty will be restored, it's
22 just a matter of time. Because the people of
23 this state will move to do it, and this house
24 has always supported reasonable law
25 enforcement. And we will continue to do that.

(518) 371-8910
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1 This bill does not change a thing
2 in the law except to fix the Court of Appeals'
3 what I call ridiculousness in saying, well, we
4 think the jury might have been influenced by
5 the way in which the bill was drafted. This
6 fixes that.
7 I was the one, by the way, that put
8 that provision in there, because I personally
9 thought that provision was more favorable to
10 people that were killers. Only by that I
11 meant that it would influence people to do the
12 right thing. Because whether people realize
13 it or not, I was very worried about innocence,
14 anybody being innocent.
15 We in this state have the most
16 extensive defense mechanism in the United
17 States of America. People from across the
18 country said if we had to have a death penalty
19 bill, the one you did should be the one. We
20 had a -- and the DAs kind of complained,
21 because of course you know, we had a Capital
22 Defender's Office, which we'll have to restore
23 someday because we will restore the death
24 penalty.
25 But I can only say if you vote for

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1 this bill, you vote for sanity in the criminal

2 justice system. Yeah, you're going to be
3 voting against some media people. But I
4 represent the people of my district and of the
5 State of New York, and I'm going to vote for
6 the death penalty because I think it's the
7 right thing to do.
9 Krueger, do you want to speak on the bill?
10 SENATOR LIZ KRUEGER: Thank you.
12 Well, we've dealt with this bill
13 before. And we're dealing with it again. And
14 with all due respect to Senator Volker and the
15 speech he just made, it's not just a bunch of
16 people at NYU Law School, it's law schools
17 around the country, it's judges around the
18 country, it's district attorneys around the
19 country.
20 Here in this state the Innocence
21 Project report from six months ago, "Lessons
22 Not Learned," when you look at the people who
23 reviewed the evidence to document 23 people
24 exonerated, I see on that list district
25 attorneys and judges who I actually know were

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1 pro the death penalty at some point in their
2 history.
3 The research is clear. The death
4 penalty is not a law we need in New York

5 State. It is not a law that deters violent
6 crime. It is not a law that can be assured of
7 a guarantee that no innocent person might be
8 put to death. And in fact, the data from
9 around the country documents that in fact
10 innocent people have been put to death under
11 the death penalty.
12 We don't need this law in New York
13 State. We should not be revisiting passing
14 this law. The documentation is detailed, it
15 is complete, it is scientific. We've spent
16 over $200 million in the State of New York
17 during the period that we had a death penalty
18 not putting people to death, but not being
19 spent to improve our criminal justice system
20 to protect people, not being put into effect
21 to try to decrease the reasons that we have
22 violent criminals and people who are victims
23 of such.
24 We have spent years and years,
25 perhaps not on the floor of the Senate, but in

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1 public hearings more often done by Assembly to
2 listen to people come and document the
3 evidence against the death penalty, the
4 unfairness of the death penalty, the fact that
5 we don't have a criminal justice system that
6 can guarantee that we don't make mistakes and
7 that we don't make mistakes sometimes biased

8 against people who might have a darker color
9 skin or a lower socioeconomic base, because
10 that's also the data that is so disturbing
11 from around the country about the unequal
12 justice system we still have in this country
13 and in New York State.
14 But I suppose most importantly, I
15 would argue, the reason we don't need to move
16 again down the road of a wrongheaded death
17 penalty law in New York State is we can
18 protect people without it. We have life in
19 prison without parole for people who we do not
20 believe can ever be rehabilitated or have any
21 justification of being let out of our prison
22 system. We have an alternative. It is safer,
23 it is stronger, it is cheaper, it is more
24 morally appropriate, it is constitutional.
25 We have the laws in place we need.

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1 We do not need to revisit the death penalty.
2 I urge all of my colleagues (A) do some
3 homework on the facts and (B) vote no on this
4 bill.
7 Diaz.
8 SENATOR DIAZ: Thank you,
9 Mr. President.
10 I rise up to express my opposition

11 to the death penalty. Mr. President, there
12 are many reasons why I should oppose the death
13 penalty. Many reasons. I'm black, I'm Puerto
14 Rican, with the kinky hair and broken English.
15 So there are plenty of reasons why I should
16 oppose the death penalty.
17 One reason, those who murder whites
18 are more than twice as likely to face the
19 death penalty as those who murder blacks.
20 That's a good reason why to oppose the death
21 penalty. But that's not why I'm opposing the
22 death penalty. That's not why.
23 Of the 500 defendants indicted for
24 first-degree murder since 1995, almost
25 60 percent were black, 20 percent Hispanic.

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1 So blacks and Hispanics are more easy to get
2 indicted than whites. But that is not why I
3 am opposing the death penalty.
4 Of the 58 defendants where
5 prosecutors filed a death notice, 47 percent
6 were black and 42 percent were white. But
7 that's not why I am opposing the death
8 penalty, Mr. President.
9 Of the 62 counties in New York, six
10 of the 62 counties in New York account for
11 56 percent of all the death-noticed cases in
12 the state. And those counties are upstate.
13 But that is not why I'm opposing the death

14 penalty.
15 Some of you here stand up to oppose
16 the death penalty for these reasons and many
17 others.
18 And I can understand why someone
19 would like to impose the death penalty to an
20 adult that go and buys a gun, puts six bullets
21 in it, and decides that he or she will go into
22 a bodega and kill a bodeguero for his or her
23 money. I could understand why you would like
24 to impose the death penalty.
25 I could understand why people would

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1 like to impose a death penalty for a person
2 who buys a gun, loads it with six or eight
3 bullets, gets into a taxi and kills that taxi
4 driver to take his money, leaving a family, a
5 widow and a family, children without a father.
6 I can understand why you would like
7 to impose a death penalty. You might have
8 valid reasons. I can understand why someone
9 would like to impose the death penalty on a
10 person that goes and assaults a senior
11 citizen, like that young guy the other day
12 that took that teacher in Brooklyn and punched
13 them to take the money. And some people that
14 kill a senior citizen, I could understand why
15 you want to give that person the death
16 penalty.
17 But I'm against the death penalty.
18 What I don't understand, what I don't
19 understand is why some of you would like to
20 defend the indefensible -- like a person that
21 goes into a bodega and kills a bodeguero,
22 knowingly, a person that goes into a taxi
23 driver and kills the tax driver knowingly, a
24 person that kills a senior citizen or any
25 other citizen, knowingly, why you would like

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1 to defend that person and you are not
2 defending the unborn, the innocent, the
3 people -- the one that doesn't even know
4 anything.
5 They have not committed any crime.
6 They have not committed any crime. The only
7 crime that they have committed was an adult, a
8 person, a woman and a man decided to get into
9 a sexual relationship, and she got pregnant.
10 She knew what she was doing. But now you want
11 to kill that baby, that unborn -- you want to
12 kill that baby. You want to kill that
13 innocent.
14 But you want to defend the one that
15 kills the bodeguero, and you want to defend
16 the one that knowingly goes into a senior
17 citizen's home or into a taxi driver's cab and
18 kills that person, knowingly, to take his or
19 her money.
20 Why? I don't understand that. I
21 don't understand why you want to defend the
22 killers and kill the innocents. That's why
23 I'm opposing the death penalty, because I
24 believe that life is sacred, in all stages,
25 since conception to the end. God gave life,

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1 God should take it away. Thou shalt not kill,
2 the Bible says.
3 So we should respect life. The
4 same way that you are defending the killers of
5 the bodegueros or the senior citizens or the
6 taxi drivers, the same way you defend the
7 killers of an innocent state citizen, defend
8 also the innocents, the unborn, the one that
9 have no knowledge, the one that have no -- the
10 one that has not committed any crime.
11 So, ladies and gentlemen, no, I
12 cannot, Mr. President, I cannot vote for the
13 death penalty. Not because a person that goes
14 into a bodega with a gun and kills a bodeguero
15 don't deserve the death penalty. I believe
16 maybe, maybe, maybe there is a reason, there
17 is some reason there to give that person the
18 death penalty. But I don't support that,
19 because I believe that life is sacred, in all
20 stages.
21 I defend the unborn. I protect the
22 unborn. I believe that if a woman and a man

23 goes and have a good time and she gets
24 pregnant, too bad, baby. Take care of that
25 baby. Don't kill it.

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1 But to defend -- again, I'm going
2 to repeat myself -- to defend criminals -- and
3 I'm going to say that again -- to defend the
4 criminal's life and to kill the innocents
5 makes no sense at all. I'm voting no for
6 those reasons, because life is sacred.
8 ACTING PRESIDENT ROBACH: Thank
9 you, Senator Diaz.
10 Is there any other Senator wishing
11 to be heard?
13 SENATOR SCHNEIDERMAN: Mr.
14 President, on the bill very briefly.
15 This is a tremendously serious
16 matter, and I would like to urge all of my
17 colleagues that, as has been said quite a few
18 times in the last few days in this chamber,
19 we're all entitled to our own opinions, we're
20 not entitled to our own facts.
21 There is no scientific evidence,
22 there are no peer-reviewed studies that have
23 not been completely rebutted that demonstrate
24 that states with the death penalty or nations
25 with the death penalty have lower crime than

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1 anywhere else. It doesn't work.
2 And as my colleagues have pointed
3 out, the worst criminals do not go to death
4 row. The determinants of whether or not you
5 end up on the death row are the race of the
6 victim, the race of the defendant, and the
7 wealth and education of the defendant. This
8 we know to be true.
9 Ladies and gentlemen, I do not see
10 how, after we've discussed today and what you
11 all know to be true about innocent people
12 being convicted in the State of New York under
13 our current system, you can implement the
14 ultimate sanction without taking every step to
15 ensure that that never takes place in the
16 future. I vote no, and I urge everyone to
17 vote no.
18 ACTING PRESIDENT ROBACH: Debate
19 is closed.
20 SENATOR CONNOR: Mr. President.
21 ACTING PRESIDENT ROBACH: Marty,
22 you're a little late, but go ahead.
23 SENATOR CONNOR: I was standing,
24 Mr. President.
25 ACTING PRESIDENT ROBACH: Sorry.

(518) 371-8910
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2 Mr. President.
3 I've certainly debated this death
4 penalty many times before. My position
5 remains what it's always been.
6 And I've heard debate on this floor
7 many times over the death penalty. People
8 have statistics that say, oh, it will deter
9 crime, it will save lives. People have
10 statistics that say no, it doesn't deter
11 crime, it doesn't affect murder rates. Other
12 people will say, well, but it's a fundamental
13 form of justice, an eye for an eye. And
14 others say no, that's not how we should do our
15 penalties.
16 For me, Mr. President, certain
17 things in my mind are indisputable. That is,
18 very, very wealthy people do not have the
19 death penalty inflicted upon them. They hire
20 teams of top lawyers and investigators, and
21 they generally escape that penalty. It goes
22 back to one of the -- probably one of the most
23 brutal, calculating murders in U.S. history,
24 Leopold and Loeb. They didn't get the chair.
25 They didn't get the chair. Sacco and Vanzetti

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1 got the chair. The poor, working-class people
2 got the chair.
3 I once had a chance to look at a
4 book that examined the death row log in

5 New York State. And if you go back to the
6 late part of the nineteenth century, most of
7 the people executed had Irish names. And then
8 there were Italian names. And then you
9 started seeing Latino and names that appeared
10 to be those of African-Americans.
11 What does that tell us? That one
12 group or the other is more prone to crime?
13 No. It tells you who was on the bottom of
14 society at that period of time and for those
15 decades. They got the chair. They weren't
16 the only ones who committed the murders, but
17 they got the chair.
18 The death penalty has never,
19 ever -- as much as we've tried, as much as
20 people build things into law about
21 comparability and so on, the death penalty has
22 simply never been evenly applied. Because
23 frankly, Mr. President, in our criminal
24 justice system, probably the best the world
25 has come up with, there's still a flaw. It's

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1 a human system, created by humans,
2 administered by humans, and it will make
3 mistakes.
4 And the problem with the death
5 penalty is you can't go back and say let's do
6 it over. You can't let somebody out after
7 you've executed them. When in fact we know

8 that many people, and as DNA evidence now
9 makes it conclusive in many cases, many people
10 who are innocent are convicted in our system,
11 based on all sorts of circumstantial evidence.
12 The fact of the matter is
13 fundamentally, with our current technology and
14 ability to secure the penal system, we don't
15 need a death penalty to protect people, we can
16 incarcerate people for life without parole, we
17 can do it effectively, we can do it as safely
18 as possible. And therefore we ought not use
19 this final, irreversible penalty because of
20 what its use says about us, that we will
21 deliberately take a life, albeit a life not
22 well-lived, albeit someone who has committed
23 heinous crimes.
24 We, the State of New York and its
25 agents, should not be inflicting the death

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1 penalty. It is a penalty that's unworthy of a
2 civilized society, as most advanced nations in
3 the world have recognized.
4 It's time for us to stop this
5 political dance about let's have the death
6 penalty. It's lost its political bite. I
7 said on this floor many, many years ago, when
8 the death penalty was enormously popular and
9 the polls showed everybody wanted it, I quoted
10 someone, talking to a clergyman about the

11 death penalty.
12 He said: "Well, you know, vox
13 populi, vox dei." The voice of the people is
14 the voice of God. They want the death
15 penalty. And I said, "Does God change his
16 mind every twenty years or so?" Because the
17 public does.
18 The public now recognizes it
19 just -- I'm out there, no one in my district
20 comes up to me anymore and says, "What about
21 the death penalty? It hasn't been used. Are
22 you going to restore it?" No one asks the
23 question. People have different concerns.
24 Crime is down. No one in this
25 state has been executed since 1965. Crime is

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1 down. If that doesn't prove anything, it
2 proves we can deal with crime and reduce crime
3 without using the death penalty.
4 Mr. President, I'm against the
5 death penalty. I urge my colleagues to oppose
6 it. There is no reason we need this penalty.
7 There is no reason it's fitting and
8 appropriate, and it certainly is not worthy of
9 our civilization.
12 you, Senator Connor.
13 Senator Volker.
14 SENATOR VOLKER: Yeah, I'm going
15 to speak very quickly.
16 You know, Marty, I always kind of
17 resent -- by the way, I'm Irish too. And I
18 know why Irish men were executed, so many,
19 because the Irish neighborhoods were very,
20 very tough places in those days. The Italian
21 neighborhoods later. You know, some of the --
22 a lot of the killings were multiple killings.
23 And when you mentioned the fact
24 that life without parole has worked so well,
25 there's the case of Lemuel Smith, who murdered

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1 a woman in prison. He was a wonderful guy.
2 We know he killed five people, we suspected he
3 killed as many as 10 people. I won't get into
4 details about his murders on the streets of
5 Schenectady, but they were brutal.
6 Now, Lemuel Smith was an
7 African-American. But I want to tell you
8 something about this country. Most of the
9 people executed in this country since the
10 death penalty was restored are Caucasian.
11 Now, a lot of people believe that's the
12 sensitivity toward African-Americans. It may
13 be. In fact, there was a lawsuit saying too
14 many Caucasians were being executed.
15 You know, this is the United States
16 of America. I know a lot of people don't like

17 juries anymore. But do remember one thing
18 about the difference between Europe and the
19 United States. In Europe, governments execute
20 people. Governments. That's why the pope was
21 opposed, and he was right. Communists,
22 socialists, Nazis, they used it as a political
23 tool. In this country, we don't do that. We
24 use juries.
25 And I understand that we have heard

(518) 371-8910
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1 a lot of nonsense about the death penalty and
2 "every reputable study." Every reputable
3 study done by anti-death penalty people. The
4 ones done by non-anti-death penalty, the ones
5 done by people who are neither side, have all
6 shown a deterrent. But you don't hear about
7 that, because the media doesn't even report
8 that.
9 You could say all you want. Why is
10 our murder rate down, why is our violence
11 down? Because we have the death penalty.
12 When we restored the death penalty, all of a
13 sudden the murder rate started to plunge. And
14 not only the murder rate, but the violent
15 crime rate. Now, by the way, what you haven't
16 heard is it's beginning to rise again. It's
17 beginning to rise.
18 We are the only state in the union
19 that has had a declining violent crime rate, a

20 declining crime rate in general, and a
21 declining inmate population. Well,
22 unfortunately, that's changing. The inmate
23 population is beginning to go up, although
24 it's mostly because we're bringing back so
25 many parole violators. But still, the inmate

(518) 371-8910
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1 population is starting to rise again. And the
2 murder rate, especially in New York City, is
3 beginning to rise. There's no question. And
4 so is the violent crime rate.
5 I'll tell you, you could say the
6 people -- yeah, the people have been told by
7 many in the media that we don't need the death
8 penalty and after all, there's all these
9 innocent people. We're having trouble finding
10 all these innocent people, but that's neither
11 here nor there.
12 Yes, I know. I'm being told, by
13 the way, that somebody doesn't want me to
14 speak anymore, and I understand it. But I
15 have to say to you, and I'm going to finish
16 very quickly, I'll admit that this is a very
17 emotional issue for me. Primarily because I
18 know there are people who are dead today
19 because we don't have a death penalty. I know
20 they're dead because they would have been
21 executed, and they killed people afterwards.
22 I also know murderers who got away

23 with it. And that's hard for me. A lot of
24 them. They weren't even arrested. And you're
25 right about that, in this state, most

(518) 371-8910
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1 criminals don't even get arrested. And that's
2 sad.
3 But I have to tell you, I don't
4 agree with all this stuff about civilization.
5 If civilization is allowing murders in the
6 streets, and rapes, then I guess I missed
7 something. I can only say I realize that --
8 people say: Oh, you're tough, you're
9 hard-nosed. I am when it comes to killing and
10 when it comes to extinguishing life.
11 So all can I say is I realize
12 you're going to vote against it. I know the
13 politics of it. But I can only say someday
14 you'll regret it, I'll guarantee you.
15 ACTING PRESIDENT ROBACH: Is
16 there any other Senator wishing to be heard?
17 If none, debate is closed. The
18 Secretary will ring the bell.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
25 ACTING PRESIDENT ROBACH:

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4 Senators Adams, Aubertine, Breslin, Connor,
5 Diaz, Dilan, Duane, Hassell-Thompson,
6 L. Krueger, Montgomery, Oppenheimer, Perkins,
7 Sabini, Savino, Schneiderman, Serrano, Smith,
8 Stavisky, Stewart-Cousins, Thompson and
9 Valesky.
10 Absent from voting: Senators
11 Gonzalez, C. Kruger, Huntley, Parker and
12 Sampson.
13 Ayes, 36. Nays, 21.
14 ACTING PRESIDENT ROBACH: The
15 bill is passed.
16 Senator Morahan.
17 SENATOR MORAHAN: Thank you,
18 Mr. President.
19 With the agreement of the Minority,
20 can we return to the noncontroversial reading
21 of the calendar and take up Calendar Number
22 1921.
24 Secretary will read Calendar Number 1921,
25 noncontroversial.

(518) 371-8910
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3 6660A, an act to amend the Public Officers
4 Law.
5 ACTING PRESIDENT ROBACH: Read
6 the last section.
10 the roll.
14 bill is passed.
15 That completes the calendar,
16 Senator Morahan.
17 SENATOR MORAHAN: Yes,
18 Mr. President.
19 There's going to be an immediate
20 meeting of the Rules Committee in the Majority
21 Conference Room, and we'll stand at ease in
22 the interim.
24 Immediate meeting of Rules Committee in the
25 Majority Conference Room.

(518) 371-8910
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1 The Senate will stand at ease
2 temporarily.
4 ease at 4:24 p.m.)

6 at 4:36 p.m.)
9 Senator Skelos.
11 if we could return to reports of standing
12 committees for the report of the Rules
13 Committee.
14 ACTING PRESIDENT ROBACH: Reports
15 of standing committees.
17 THE SECRETARY: Senator Bruno,
18 from the Committee on Rules, reports the
19 following bills:
20 Senate Print 1585A, by Senator
21 Libous, an act to amend the Racing,
22 Pari-Mutuel Wagering and Breeding Law;
23 2074, by Senator Padavan, an act to
24 amend the Education Law;
25 2970C, by Senator Fuschillo, an act

(518) 371-8910
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1 to amend the General Business Law;
2 3060, by Senator Golden, an act to
3 amend the Elder Law;
4 3236, by Senator Winner, an act to
5 amend the State Finance Law;
6 3972A, by Senator O. Johnson, an
7 act to amend the State Finance Law and the

8 General Municipal Law;
9 4675A, by Senator Hannon, an act to
10 amend the Insurance Law;
11 5671, by Senator Saland, an act to
13 5786, by Senator Hannon, an act to
14 amend the Public Health Law;
15 6242B, by Senator Alesi, an act
16 authorizing;
17 6888, by Senator Breslin, an act to
18 amend Chapter 405 of the Laws of 2005;
19 6995, by Senator Libous, an act to
20 provide;
22 amend the Tax Law;
23 7264A, by Senator Nozzolio, an act
24 to amend the Education Law;
25 7585C, by Senator DeFrancisco, an

(518) 371-8910
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1 act to amend the Elder Law and the Public
2 Health Law;
3 7746, by Senator Klein, an act to
5 7749A, by Senator Hannon, an act to
7 7775, by Senator Leibell, an act to
10 amend the Vehicle and Traffic Law;

11 7918, by Senator Bonacic, an act to
12 amend the Executive Law;
13 8035, by Senator Flanagan, an act
14 to amend the Executive Law and the Social
15 Services Law;
16 8062, by Senator Young, an act to
18 8123, by Senator Farley, an act to
20 8152, by the Senate Committee on
21 Rules, an act to amend the Tax Law;
23 Rules, an act to amend the County Law;

(518) 371-8910
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1 8277, by Senator Nozzolio, an act
2 to amend the Education Law;
3 8313A, by Senator Rath, an act to
4 authorize;
5 8345, by Senator Volker, an act in
6 relation to establishing;
7 8365A, by Senator Bruno, an act
8 authorizing the City of Rensselaer;
9 8415, by Senator O. Johnson, an act
10 to amend the Public Service Law;
11 And Senate Print 8519, by Senator
12 Saland, an act to amend the General Municipal
13 Law and the Education Law.

14 All bills ordered direct to third
15 reading.
16 ACTING PRESIDENT ROBACH: Senator
17 Griffo.
18 SENATOR GRIFFO: I would like to
19 make a motion to accept the Committee on Rules
20 report.
21 ACTING PRESIDENT ROBACH: All in
22 favor of accepting the Rules Committee report
23 signify by saying aye.
25 ACTING PRESIDENT ROBACH: Those

(518) 371-8910
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1 opposed, nay.
2 (No response.)
4 report is accepted.
5 Senator Griffo.
6 SENATOR GRIFFO: Mr. President,
7 can we return to motions and resolutions,
8 please.
9 ACTING PRESIDENT ROBACH: Motions
10 and resolutions.
11 Senator Bonacic.
12 SENATOR BONACIC: Thank you,
13 Mr. President.
14 On behalf of Senator Golden, on
15 Supplemental Calendar 61A I now offer the

17 Senate Print Number 3060, and ask that said
19 Calendar.
22 retain its place on Third Reading Calendar.
23 SENATOR BONACIC: Thank you, Mr.
24 President.
25 On behalf of Senator Rath, on

(518) 371-8910
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1 Supplemental 61A, I offer the following
2 amendments to Calendar Number 1985, Print
3 Number 8313A, and ask that said bill will
5 Calendar.
9 SENATOR BONACIC: On behalf of my
10 good friend Senator Lanza, Mr. President, on
11 page number 21 I offer the following
12 amendments to Calendar Number 626, Senate
13 Print Number 7024, and ask that said bill
15 Calendar.
19 SENATOR BONACIC: And last but

20 not least, on behalf of Senator Volker,
21 Mr. President, on page number 37 I offer the
23 Senate Print Number 4029C, and ask that that
25 Calendar.

(518) 371-8910
4061
4 SENATOR BONACIC: Thank you very
5 much, Mr. President.
7 you, Senator Bonacic.
8 Senator Griffo.
10 may we now take up the noncontroversial
11 reading of Calendar 61A.
22 the roll.

(518) 371-8910
4062
1 bill is passed.
3 1959, by Senator Fuschillo, Senate Print
4 2970C, an act to amend the General Business
5 Law.
7 the last section.
11 the roll.
15 bill is passed.
17 Calendar Number 1961, Senator Winner moves to
18 discharge, from the Committee on Finance,
23 Substitution ordered.

(518) 371-8910
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1 1961, by Member of the Assembly Koon, Assembly
2 Print Number 4683, an act to amend the State
3 Finance Law.
5 the last section.
9 the roll.
13 bill is passed.
15 Calendar Number 1962, Senator O. Johnson moves
16 to discharge, from the Committee on
17 Investigations and Government Operations,
18 Assembly Bill Number 361B and substitute it
25 1962, by Member of the Assembly Destito,

(518) 371-8910
4064
1 Assembly Print Number 361B, an act to amend

2 the State Finance Law and the General
3 Municipal Law.
5 the last section.
9 the roll.
13 bill is passed.
15 Calendar Number 1963, Senator Hannon moves to
21 Substitution is ordered.
24 1963, by Member of the Assembly Morelle,
25 Assembly Print Number 10884A, an act to amend

(518) 371-8910
4065
1 the Insurance Law.
3 the last section.

7 the roll.
11 bill is passed.
20 the roll.
24 bill is passed.

(518) 371-8910
4066
1 1965, by Senator Hannon, Senate Print 5786, an
2 act to amend the Public Health Law.
4 the last section.

8 the roll.
12 bill is passed.
14 Calendar Number 1966, Senator Alesi moves to
15 discharge, from the Committee on Local
16 Government, Assembly Bill Number 9166B and
18 Number 6242B, Third Reading Calendar 1966.
22 THE SECRETARY: Calendar
23 Number --
24 SENATOR GRIFFO: Lay it aside for
25 the day, please.

(518) 371-8910
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1 ACTING PRESIDENT ROBACH: Lay it
2 aside for the day.
4 Calendar Number 1967, Senator Breslin moves to
5 discharge, from the Committee on
6 Investigations and Government Operations,

14 1967, by Member of the Assembly Canestrari,
15 Assembly Print Number 9899, an act to amend
16 Chapter 405 of the Laws of 2005 amending the
17 Tax Law.
18 ACTING PRESIDENT ROBACH: A
19 home-rule message is at the desk.
24 the roll.

(518) 371-8910
4068
3 bill is passed.
6 act to provide that the period of probable
7 usefulness of the construction of an addition.

14 the roll.
18 bill is passed.
20 1969, by Senator Golden --
21 SENATOR DUANE: Lay it aside,
22 please.
24 bill is laid aside.

(518) 371-8910
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1 1970, by Senator Nozzolio, Senate Print 7264A,
4 the last section.
6 act shall take effect April 1, 2009.
8 the roll.
12 bill is passed.
14 Calendar Number 1973, Senator Klein moves to

23 1973, by Member of the Assembly Paulin,
25 Chapter 619 of the Laws of 2006, amending the

(518) 371-8910
4070
1 Vehicle and Traffic Law.
7 THE PRESIDENT: Call the roll.
11 bill is passed.
13 Calendar Number 1974, Senator Hannon moves to
15 Assembly Bill Number 6811B and substitute it
20 SENATOR GRIFFO: Lay it aside for
21 the day.
22 ACTING PRESIDENT ROBACH: Lay it
23 aside for the day.
25 Calendar Number 1975, Senator Leibell moves to

(518) 371-8910
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9 1975, by Member of the Assembly Eddington,
11 the Public Health Law.
17 the roll.
21 bill is passed.

24 act to amend the Vehicle and Traffic Law.

(518) 371-8910
4072
1 the last section.
5 the roll.
9 bill is passed.
11 1977, by Senator Bonacic, Senate Print 7918,
17 THE PRESIDENT: Call the roll.
21 bill is passed.
23 Calendar Number 1978, Senator Flanagan moves
24 to discharge, from the Committee on Codes,

(518) 371-8910
4073
7 1978, by Member of the Assembly Eddington,
9 the Executive Law and the Social Services Law.
15 the roll.
19 bill is passed.
22 act to amend the Tax Law.

(518) 371-8910
4074

3 the roll.
7 bill is passed.
10 act to amend Chapter 148 of the Laws of 2001,
11 relating to authorizing the City of
12 Gloversville and the Town of Johnstown.
19 the roll.
23 bill is passed.
25 Calendar Number 1981, Senator Bruno moves to

(518) 371-8910
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9 1981, by the Assembly Committee on Rules,
11 the Tax Law and the Administrative Code of the
12 City of New York.
18 the roll.
22 bill is passed.
24 Calendar Number 1982, Senator Bruno moves to

(518) 371-8910
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8 1982, by Member of the Assembly Miller,
10 the County Law.
17 the roll.
21 bill is passed.
23 Calendar Number 1983, Senator Padavan moves to

(518) 371-8910
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7 1983, by Member of the Assembly Silver,
9 Chapter 890 of the Laws of 1982, relating to
10 the establishment.
16 the roll.
20 bill is passed.
22 1984, by Senator Nozzolio, Senate Print 8277,

(518) 371-8910
4078
4 the roll.
8 bill is passed.
9 Senator Nozzolio.
11 Mr. President. I regret to rise in the latter
12 part of that roll call, but I wish to explain
13 my vote. Thank you very much.

14 Mr. President and my colleagues, we
15 are just enacting a very important piece of
16 legislation that allows those young men and
17 women who have answered the call, who have
18 volunteered their services to serve our nation
19 in the armed forces, allows them, who are
20 engaged during the period between their junior
21 and senior year in extensive basic training
22 for the armed forces, returning to their high
23 school in their senior year, this legislation
24 allows them to participate in fall athletics.
25 And this applies both to young men

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1 and young women who are engaged in serving
2 their country. And at the same time, this
3 opportunity allows them to enjoy a period in
4 their senior year to participate in football
5 and soccer and other fall sports.
6 The law now forbids that
7 participation unless they have a certain
8 number of practices, even though they're going
9 through a very intense basic training with
10 intense physical exercise.
11 In this day and age, when it's
12 harder and harder to recruit young men and
13 women into our armed forces, this measure will
14 certainly help in that endeavor and allow them
15 to enjoy a very significant part of their
16 education in their senior year in high school.

17 Thank you, Mr. President. I vote
18 aye, and I appreciate very much the support of
19 my colleagues to close this loophole.
21 bill is passed.
24 Calendar Number 1986, by Senator Volker,
25 Senate Print 8345, an act in relation to

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4080
1 establishing.
8 the roll.
12 bill is passed.
14 1988, by Senator O. Johnson, Senate Print
15 8415, an act to amend the Public Service Law.
19 act shall take effect on the same date and in

20 the same manner as a chapter of the Laws of
21 2008.
23 the roll.

(518) 371-8910
4081
2 bill is passed.
5 act to amend the General Municipal Law and the
6 Education Law.
8 the last section.
12 the roll.
16 bill is passed.
17 Senator Griffo, that completes the
18 noncontroversial reading of the calendar.
20 if we could go to the controversial reading of
21 the calendar.
22 However, I would ask you that the

23 bill that is on that calendar, Calendar Number
24 1969, by Senator Golden, if we could just lay
25 that aside for the day.

(518) 371-8910
4082
2 Calendar Number 1969 is laid aside for the
3 day.
4 Senator Griffo.
5 SENATOR GRIFFO: If we can return
6 to motions and resolutions.
7 ACTING PRESIDENT ROBACH: Motions
8 and resolutions.
9 Senator Bonacic.
11 Mr. President.
12 On behalf of myself, on page number
13 65 I offer the following amendments to
14 Calendar Number 930, Print Number 7363, and
15 ask that said bill retain its place on the
16 Third Reading Calendar.
21 Mr. President.
22 Again, on behalf of myself, on page
23 number 65 I offer the following amendments to
24 Calendar Number 929, Senate Print Number 7359,
25 and ask that that bill retain its place on the

(518) 371-8910
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1 Third Reading Calendar.
5 And thank you for that
6 self-promotion.
8 Mr. President.
9 ACTING PRESIDENT ROBACH: Senator
10 Griffo.
12 there will be an immediate meeting of the
13 Rules Committee in the Majority Conference
14 Room, Room 332.
15 And I would ask that you recognize
16 Senator Connor.
17 ACTING PRESIDENT ROBACH: There
18 will be an immediate meeting of the Rules
19 Committee in the Majority Conference Room.
20 The chair recognizes Senator
21 Connor.
23 Mr. President. If I may make a statement
24 under Rule 9, Section 4(b).
25 Mr. President, I want to call my

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4084
1 colleagues' attention to an issue that's very,

2 very important to my constituents and many
3 constituents in New York City.
4 Just this year, $8.24 billion was
5 sent by the state, by this Legislature passing
6 the budget, to New York City's school system.
7 That represents $643 million in additional
8 dollars over last year, and last year we gave
9 them another half-billion dollars in
10 additional money.
11 Yet we hear in the City of New York
12 the mayor is cutting budgets in schools,
13 cutting them severely. There's no excuse for
14 this, Mr. President. There's no excuse in
15 view of the money we send. And he's saying
16 it's our fault, the state's fault.
17 What's the impact of this? In my
18 district in Lower Manhattan, the schools are
19 bursting at the seams. After 9/11 I testified
20 before a committee considering the rebuilding
21 of Lower Manhattan. The mayor said the future
22 of Lower Manhattan is residential. I
23 testified if you're going to do that, where
24 are the schools, parks, playgrounds and
25 libraries?

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1 The school in TriBeCa, for Lower
2 Manhattan, is at 160 percent capacity. It's
3 one of the best elementary schools in
4 Manhattan, it's considered that. Yet condos

5 are going up, under the city's overdevelopment
6 policies. Real estate people are saying come
7 here, we have the best school. They don't
8 tell people there's no room in the school for
9 your child.
10 Just this year the Assemblymember
11 there, Speaker Silver, and I were able to get
12 a new school under construction on the West
13 Side of Lower Manhattan and a new school in
14 Battery Park City, the first all-green school.
15 We'll add 1100 seats.
16 Yet that's not enough. Projections
17 show the population booming down there.
18 Parents are upset, they can't get their
19 children into kindergarten. The mayor
20 announced recently the highest birth rate in
21 America is in TriBeCa. Yet the Department of
22 Education, under the mayor, has failed
23 abysmally to plan for this, to plan for
24 something the administration brought about.
25 In my district in Carroll Gardens,

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1 in downtown Brooklyn -- rezoned, condos going
2 up everywhere -- people are calling me and
3 saying "I can't get my child into
4 kindergarten. The schools are full."
5 On the Lower East Side, parents
6 come to me and say: "Nobody listens at the
7 Department of Education, under mayoral

8 control. No one is listening. They move our
9 children around, they give our school
10 buildings to charter schools, we have nowhere
11 for our children to go."
12 Mr. President, this has got to
13 stop. Why, why, why, when we send all this?
14 We appropriated two years ago over $11 billion
15 in a school construction program. Why haven't
16 they built the schools? Don't they have
17 demographers? When they called a turning
18 neighborhood residential seven and eight years
19 ago, don't they know they need schools now,
20 now?
21 They can't wait, Mr. President.
22 Next year when we revisit mayoral control,
23 I'll have a lot to say about that. This
24 Department of Education has failed our
25 parents, failed our children, and failed our

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1 city miserably.
2 ACTING PRESIDENT BONACIC: Thank
3 you, Senator Connor, for your remarks.
4 Senator Griffo.
6 the Senate stands at ease pending the report
7 of the Rules Committee.
9 Senate will stand at ease until the Rules
10 Committee reports.
12 ease at 5:02 p.m.)
14 at 5:25 p.m.)
16 Senate will come to order, please.
17 Senator Griffo.
19 can we return to motions and resolutions and
20 recognize Senator Little.
23 Senator Little.
25 Mr. President, on page number 58 I

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1 offer the following amendments to my bill,
2 Calendar Number 1819, Senate Print Number
3 7915A, and ask that said bill retain its place
4 on the Third Reading Calendar.
8 Calendar. Thank you, Senator Little.
10 Mr. President, I wish to call up
11 Calendar Number 1966, on behalf of Senator
12 Alesi, Assembly Print Number 9166B.

16 1966, by Member of the Assembly John, Assembly
17 Print Number 9166B, an act to authorizing the
18 Town of Riga.
19 SENATOR LITTLE: I now move to
20 reconsider the vote by which this Assembly
21 bill was substituted for my bill, Senate Print
22 Number 6242B, on June 18th.
23 ACTING PRESIDENT BONACIC: Call

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2 SENATOR LITTLE: I now move that
3 Assembly Bill Number 9166B be committed to the
4 Committee on Rules and my Senate bill be
5 restored to the order of the Third Reading
6 Calendar.
7 ACTING PRESIDENT BONACIC: So
8 ordered.
10 Mr. President.
11 ACTING PRESIDENT BONACIC: Thank
12 you, Senator Little.
13 Senator Griffo.
14 SENATOR GRIFFO: Mr. President, I
15 would ask that we return to Supplemental
16 Calendar 61A and take up Calendar Number 1966,

17 noncontroversial, by Senator Alesi.
21 1966, by Senator Alesi, Senate Print 6242B, an
22 act authorizing the Town of Riga.
23 ACTING PRESIDENT BONACIC: There
24 is a home-rule message at the desk.

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3 ACTING PRESIDENT BONACIC: Call
4 the roll.
8 bill is passed.
9 Senator Griffo.
10 SENATOR GRIFFO: Please recognize
11 Senator Nozzolio, on motions and resolutions.
14 Senator Nozzolio.
16 Mr. President.
17 On behalf of Senator Morahan, on
18 page number 52 I offer the following
19 amendments to Calendar Number 1433, Senate

20 Print Number 8051A, and ask that said bill
25 Calendar. Thank you, Senator Nozzolio.

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1 Senator Griffo.
3 may we now return to reports of standing
4 committees. And I believe there's a report of
5 the Rules Committee at the desk.
8 The Secretary will read, please.
9 THE SECRETARY: Senator Bruno,
10 from the Committee on Rules, reports the
11 following bills:
12 Senate Print 1645, by Senator
13 Sabini, an act to amend the General Business
14 Law;
15 4165A, by Senator Little, an act to
16 amend the Navigation Law;
17 6232, by Senator Stachowski, an act
18 to amend Chapter 276 of the Laws of 1993;
19 6543A, by Senator Flanagan, an act
20 to amend the Election Law;
21 7364, by Senator Bonacic, an act to

24 amend the Town Law.
25 7752, by Senator Hannon, an act to

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1 amend the Surrogate's Court Procedure Act;
4 8328A, by Senator Winner, an act to
5 amend the Real Property Tax Law;
7 amend the Vehicle and Traffic Law;
8 8427A, by Senator Padavan, an act
9 to amend the Real Property Tax Law;
11 amend the New York State Financial Emergency
12 Act for the City of New York;
13 8477A, by Senator Skelos, an act to
19 8503, by Senator Larkin, an act to
20 authorize;
22 amend the Highway Law;
23 8515, by Senator Nozzolio, an act
24 to adjust certain state aid payments;

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1 Rules, an act to amend the Insurance Law;
3 Rules, an act to amend the Executive Law;
5 amend the Executive Law;
6 8537, by Senator Volker, an act in
7 relation to transportation contracts;
8 8538, by Senator Robach, an act
9 validating;
11 amend the Civil Service Law;
12 8543, by Senator Flanagan, an act
13 to amend Chapter 672 of the Laws of 1993;
15 amend the Navigation Law;
16 8545, by Senator Morahan, an act to
17 amend the Mental Hygiene Law;
19 Rules, an act to amend the Civil Practice Law
20 and Rules.
21 And Senate Print 8555, by Senator
22 Little, an act to amend Part X of Chapter 62
23 of the Laws of 2003.
24 All bills ordered direct to third
25 reading.

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2 Senator Griffo.
3 SENATOR GRIFFO: Mr. President, I
4 move that we accept the report of the Rules
5 Committee as presented.
6 ACTING PRESIDENT BONACIC: All in
7 favor of accepting the report of the Rules
8 Committee signify by saying aye.
11 Opposed, nay.
12 (No response.)
14 report is accepted.
15 Senator Griffo.
17 is there any other business before the desk?
18 ACTING PRESIDENT BONACIC: There
19 is none.
20 SENATOR GRIFFO: There being
21 none, then I move that the Senate stand
22 adjourned until Thursday, June 19th, at
23 11:00 a.m.
24 ACTING PRESIDENT BONACIC: On
25 motion, the Senate stands adjourned until

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1 Thursday, June 19th, at 11:00 a.m.
2 (Whereupon, at 5:31 p.m., the
3 Senate adjourned.)
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(518) 371-8910

June 18, 2008

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June 18, 2008

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1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 June 18, 2008

18 SENATOR THOMAS P. MORAHAN, Acting President

19 STEVEN M. BOGGESS, Secretary

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2 ACTING PRESIDENT MORAHAN: The

3 Senate will come to order.

4 I ask everyone to rise and repeat

5 with me the Pledge of Allegiance.

6 (Whereupon, the assemblage recited

7 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT MORAHAN: If

10 you'll bear with me, we're waiting for our

11 padre for the day. He's coming in by burro.

13 ACTING PRESIDENT MORAHAN: Let's

14 just hope it's a blessed day, folks, okay?

15 In the absence of clergy, will you

16 please bow your heads for a moment of silence.

17 (Whereupon, the assemblage

18 respected a moment of silence.)

19 ACTING PRESIDENT MORAHAN:

20 Reading of the Journal.

21 THE SECRETARY: In Senate,

22 Tuesday, June 17, the Senate met pursuant to

23 adjournment. The Journal of Monday, June 16,

24 was read and approved. On motion, Senate

1 ACTING PRESIDENT MORAHAN:

2 Without objection, the Journal stands approved

5 Messages from the Assembly.

6 Messages from the Governor.

7 Reports of standing committees.

8 The Secretary will read.

9 THE SECRETARY: Senator

10 DeFrancisco, from the Committee on Judiciary,

11 reports the following nominations.

12 As a judge of the Court of Claims,

13 Honorable Donald F. Cerio, of Canastota.

14 ACTING PRESIDENT MORAHAN:

16 SENATOR DeFRANCISCO: Thank you,

18 I rise and am very pleased to offer

19 to the full Senate the nominations of six

20 eminently qualified individuals. Five of them

21 have been serving in their positions or on the

22 bench and are reappointments to the Court of

23 Claims, and one is a new appointment who is

24 eminently qualified for that position.

25 We thoroughly reviewed the

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1 backgrounds and the records of each of these

3 Judiciary Committee this morning, and each of

4 the individuals much were found to be

5 well-qualified, and each was unanimously voted

6 to bring them before the full Senate this

8 And as a result, I would seek that

9 each of these nominations be moved.

10 Since I was going to recognize

11 Senator Valesky, but I don't see him here, the

12 first nominee is Donald F. Cerio. And I would

13 move his nomination for judge of the Court of

15 ACTING PRESIDENT MORAHAN: The