Regular Session - April 19, 2004
1792
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 19, 2004
3:08 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please stand and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, April 18, the Senate met pursuant to
adjournment. The Journal of Saturday,
April 17, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
1794
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a substitution at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 4,
Senator Marcellino moves to discharge, from
the Committee on Consumer Protection, Assembly
Bill Number 1062 and substitute it for the
identical Senate Bill Number 784, First Report
Calendar 678.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a resolution, 4509, at the desk by
Senator Bonacic. Could we have the title read
and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
1795
Secretary will read the title.
THE SECRETARY: By Senator
Bonacic, Legislative Resolution Number 4509,
paying tribute to the life and selfless
heroism of Specialist Isaac Michael Nieves of
Sidney, New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is carried.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
13, by Senator Maziarz, Senate Print 3701A, an
act to amend the Real Property Tax Law, in
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relation to extending.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
22, by Senator Balboni, Senate Print 524, an
act to amend the General Business Law and the
Penal Law, in relation to operating an
aircraft while intoxicated.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37. Nays,
1797
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
219, by the Assembly Committee on Rules,
Assembly Print Number 8334, an act to amend
the Civil Practice Law and Rules, in relation
to conducting depositions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Yes, thank you,
Mr. President. There will be an immediate
meeting of the Finance Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER:
1798
Immediate meeting of the Finance Committee in
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
273, by Senator Marcellino, Senate Print 772,
an act to amend the Labor Law, in relation to
designating as an unfair labor practice the
granting of permanent replacement employee
status.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
356, by Senator Robach, Senate Print 6214, an
act to amend the Civil Service Law, in
relation to reduction in force and recall
provisions.
1799
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
398, by Senator Volker, Senate Print 5801A, an
act to amend the Local Finance Law, in
relation to the sale of bonds and notes of the
City of Buffalo.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
1800
is passed.
THE SECRETARY: Calendar Number
406, by Senator Libous, Senate Print 4794, an
act to amend the Mental Hygiene Law, in
relation to payments made by the Office of
Mental Retardation and Developmental
Disabilities.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
407, by Senator Skelos, Senate Print 4835A, an
act to amend the Mental Hygiene Law, in
relation to disclosure of sexual offender
information.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
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act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
430, by Senator Padavan, Senate Print 24A --
SENATOR LIZ KRUEGER: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
528, by Senator Meier, Senate Print 5737A, an
act to amend the Tax Law, in relation to
authorizing the County of Lewis to impose
hotel or motel taxes.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
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roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
555, by Senator Trunzo, Senate Print 5746A, an
act to amend the Vehicle and Traffic Law, in
relation to vehicle data recording devices.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
609, by Senator Maziarz, Senate Print 5835, an
act to amend the Workers' Compensation Law, in
relation to direct deposit.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
611, by Senator Velella, Senate Print 6455, an
act to amend the Workers' Compensation Law, in
relation to imposing penalties on third
parties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
617, by Member of the Assembly Tocci, Assembly
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Print Number 5044, an act to amend the Civil
Service Law, in relation to priority in
employment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
634, by Senator Volker, Senate Print --
SENATOR LIZ KRUEGER: Lay it
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
642, by Senator Skelos, Senate Print 5974, an
act to amend Chapter 138 of the Laws of 1998,
amending the Navigation Law.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Thank you, Mr.
President. If we could go to the
controversial reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
430, by Senator Padavan, Senate Print 24A, an
act to amend the Executive Law.
SENATOR LIZ KRUEGER:
Explanation.
SENATOR SKELOS: Mr. President, I
believe we're on Calendar 430.
ACTING PRESIDENT MEIER: Yes.
SENATOR SKELOS: And an
1806
explanation has been asked.
ACTING PRESIDENT MEIER: Senator
Padavan, Senator Liz Krueger has requested an
explanation of Calendar 430.
SENATOR PADAVAN: Thank you, Mr.
President.
What the bill seeks to do, in very
fundamental terms, is to in state law require
as much cooperation as is feasible and
appropriate between our police agencies and
the United States Bureau of Immigration and
Customs.
We know -- history is now telling
us, regrettably -- that failures of
cooperation between law enforcement agencies
at all levels can be viewed as the genesis for
the tragedies that we have had fallen upon us
in New York City and elsewhere.
This bill would require state and
local police agencies to cooperate.
Specifically, it would require such agencies
to verify the citizenship status of persons
arrested -- I want you to underline that word,
"arrested" -- under state law and who are
reasonably suspected of being illegal aliens,
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and to notify the Attorney General as well as
the Bureau of Immigration and Customs of such
persons' suspected status, and would provide
for cooperation between the Attorney General
and the federal agency.
It would prohibit local governments
from preventing such cooperation from taking
place.
We realize that immigration is
primarily a federal responsibility. But as
has been said by so many so often, if we're to
deal with these issues of international
terrorism and criminality, cooperation at all
levels of government is essential. We cannot
simply look to Washington and say they will
solve all of these problems. Our local law
enforcement agencies must be partners in that
initiative.
So if they arrest someone for
having committed a crime and there's an issue
of immigration associated with that
individual, then certainly the federal agency
that has paramount responsibility should at a
minimum be notified. And that is what this
bill would provide.
1808
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Padavan, how would we
address the concern of people's civil
liberties being violated based on their only
being suspected of being an illegal immigrant?
I think particularly in New York City, where
the policy has been not to have government
agencies asking people for documentation of
their legal status, how do you see this as
actually being translated at the local level?
SENATOR PADAVAN: Senator, you
weren't listening to me. We're talking about
someone who is arrested.
Let me give you an example. Not
too long ago, four individuals in Flushing
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Corona Park attacked a young couple, beat the
young man senseless, and then raped, all of
them raped the young woman. They were
arrested. As it turned out, they were illegal
immigrants, and they had arrest records a yard
long.
Now, the obvious question is had
upon their first arrest INS, the federal
agency, been notified, would appropriate
action have taken place to preclude this
terrible crime and terrible tragedy from
having occurred in Senator Sabini's district?
I think the answer is yes.
And that is the answer you should
give, or I would give, to any person who talks
about why such an initiative is necessary.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
1810
Perhaps you didn't understand my
question, so let me try to rephrase it. My
question was not whether or not they had been
arrested. I accept your argument there.
The question is, how are the local
authorities supposed to make a determination
of whether or not this is an illegal immigrant
at the time of arrest, and what would be the
process for ensuring that people who were not
illegal immigrants from being sort of sent
over, so to speak, to --
SENATOR PADAVAN: Well, the bill,
if it became law, would only be applicable to
someone who is arrested. It's only applicable
to someone who has committed a crime.
Now, what is a reasonable
indication relevant to that person? I'll give
you some. Phoney driver's licenses, phoney
Social Security cards, documents that are also
forged in their possession. That's a pretty
good indication. And that's what these
individuals mostly carry. You can buy this
stuff all over the place.
That's a reasonable indication.
And I'm sure if we thought about it and sat
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down, we'd come up with many others. That's
the answer to your question.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would continue to
yield.
SENATOR PADAVAN: One more
question, Senator.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Since there's already a delicate
and difficult balance in immigrant communities
between the police and the communities, do you
think that your bill would have a chilling
effect on having immigrants, whether they have
legal status or perhaps don't have legal
status, coming forward to report crimes to the
police, to assist the police in hunts for
dangerous criminals, as you described yourself
in your example given to me earlier?
Do you share perhaps any of my
concern that this type of law would actually
increase the chances that noncitizens would
fear approaching the police and working with
the police to in fact try to find criminals
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and arrest them who are committing the types
of heinous acts you described in their
communities, because of new fears that
suddenly having any interaction with the
police would result in the potential for them
being either wrongly targeted or profiled as
an undocumented immigrant or, in some cases,
in fact, targeted as an undocumented immigrant
even though they were not the committer of a
crime?
SENATOR PADAVAN: I understand
the question, Senator.
SENATOR LIZ KRUEGER: Thank you.
SENATOR PADAVAN: All right.
Quite to the contrary, in immigrant
communities the victims are most frequently
immigrants, throughout the City of New York in
particular. They're the ones who become
victimized by criminals who would commit all
kinds of acts to body, person and property.
Therefore, it is certainly, in my
view, the desire of immigrants in every
community in the city and state to want those
individuals out of their neighborhoods, away
from their children, so that their lives can
1813
be safer and they can live in peace and
prosperity. Because that's why they're here,
not to be victimized by criminals who are in
this country for no other reason than to
commit crimes. That's the answer.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Mr. President,
through you, may I address a question to the
sponsor?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question from
Senator Sabini?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SABINI: First of all,
Senator Padavan, I just wanted to note that
that heinous crime that you talked about that
occurred in the railroad yards adjacent to
Flushing Meadow Park was in -- it was no less
heinous, but it was in Senator Stavisky's
district, not in mine.
I just want to ask a quick question
regarding your bill, since this bill has been
1814
around for a couple of years.
The government entities that are
most affected by this bill within the State of
New York would be the local police
departments. I'm just wondering if you had
any memoranda of support or any discussion
with local entities anywhere in the state
regarding their feelings about this
legislation and their ability to make it
workable if it became law.
SENATOR PADAVAN: I have no
memorandums from the New York City Police
Department, if that's your question. Is it?
SENATOR SABINI: Or any police
department.
SENATOR PADAVAN: No, I have no
memorandums.
SENATOR SABINI: Thank you.
SENATOR PADAVAN: By the way,
Senator, just as a matter of information, the
report I received is that the individuals
accused of brutally raping a woman on the edge
of Flushing Meadow Park -- is that your
district?
SENATOR SABINI: Not that part of
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it.
SENATOR PADAVAN: They were
walking through the park. You told me the
other day, why was I at that event when it was
in your district and I didn't tell you.
SENATOR SABINI: Madam President.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: No, what I
said -- I share Flushing Meadows Park with
Senator Stavisky.
SENATOR PADAVAN: The Senator and
I were at the --
SENATOR SABINI: Flushing Meadows
Corona Park, Senator Padavan. I have the
Corona section and --
SENATOR PADAVAN: By way of
explanation, the Senator and I were at an
event celebrating the 40th anniversary of the
World's Fair and what anniversary of the 1939
World's Fair.
And he said to me, "What are you
doing in my district without telling me?"
ACTING PRESIDENT McGEE: And you
said?
1816
(Laughter.)
SENATOR SABINI: Madam President,
actually, I was welcoming Senator Padavan back
to the home of his alma mater, Newtown High
School, which is in Elmhurst, in my district.
And we share Flushing Meadows
Corona Park with Senator Stavisky, as it's
been named for the last 20 years. I have the
Corona section; she has the Flushing Meadows
section.
ACTING PRESIDENT McGEE: Read the
last section.
Oh. Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Madam
President, very briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I don't
think this bill is going to move forward.
We've debated it in the past.
I would say, though, that it is
absolutely clear to me from my discussion with
local law enforcement officers that this in
not something that is popular in the law
enforcement community.
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And I would call to the attention
of all my colleagues the April 12th article in
the New York Times citing law enforcement
officers and authorities around the country,
quote, warning that these arrangements may
make immigrants wary of cooperating with the
police or reporting crime and could lead to
racial profiling at the expense even of people
in the country legally.
I think this is a troublesome
issue. It is a difficult issue. And I don't
think the issue is resolved by essentially
trying to make all of our local law
enforcement officials enforce a set of laws
through an ambiguous process. And I'm trying
to figure out who should be, quote, reasonably
suspected of being present in the United
States illegally.
I vote no. Again, I urge everyone
to vote no. And I hope that when it comes
time for us actually to deal with some of
these difficult issues relating to
immigration, we will be able to do better.
Thank you.
ACTING PRESIDENT McGEE: Senator
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Balboni.
SENATOR BALBONI: Yes, Madam
President. Let me just clarify something.
I think that what the Senator just
was referring to was a piece of legislation
that would require local law enforcement
officers to enforce immigration violations.
Because when you take a look at the national
police conferences, when you speak with the
people in Washington, they'll tell you that
that is a principal concern because of a lack
of money.
The thing that they do want, at
least that they've been asking for,
particularly after 9/11, is the ability to
share information. That's exactly what
Senator Padavan's bill does.
As a matter of fact, Senator
Padavan's bill doesn't go as far as a lot of
people said we should go, because he limits it
to arrests. A lot of people will say that
police officers at a stop should be able to
inquire as to the immigration status of an
individual.
Senator Padavan doesn't go that
1819
far. He says, you know what, we're going to
protect the rights not only of the people who
are stopped but of the people in their
community. Because when you say if you are
arrested, we can check.
Now, this is a sharing of
information. What's so funny about this
debate is that I've sat in rooms at the White
House where people have sat and talked to each
other: We need to share more information.
And people from the states have said: Why
don't you give us more information? And they
say back: Well, why don't YOU give us more
information?
And here we are arguing, Nope, we
shouldn't share the information. Sometimes
life has a funny way of repeating itself.
Senator Padavan's bill is exactly
what we should be doing. It protects the
rights of the people who are out there. And
remember, we're merely inquiring. This is not
going to stop anybody from coming forward with
any information to help law enforcement and
help keep their communities safe.
ACTING PRESIDENT McGEE: Read the
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last section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill for the second time.
SENATOR SCHNEIDERMAN: I'm always
pleased to hear about Senator Balboni's travel
schedule.
But whatever they're saying in the
White House, I assure you that at the 33rd and
34th precincts in Upper Manhattan, they do not
take that point of view. This legislation
would -- please, they would love to meet you.
They're nice guys. He's not at the 33rd and
34th precinct.
SENATOR MARCELLINO: Do you two
want to be alone?
SENATOR SCHNEIDERMAN: I'd like
to be alone without him, actually, but that's
a different issue.
(Laughter.)
SENATOR SCHNEIDERMAN: This is a
serious matter. And I would again urge that
the quote I read from the New York Times does
1821
not relate simply to the requirement of arrest
or the requirement that local law enforcement
officials enforce the federal law.
It does refer to the complaints of
local officials, including in my district,
about forcing them, essentially, to not use
their discretion on when to refer things
forward to the federal authorities, to the
ICE, but requiring them, as this bill would,
when anyone is reasonably suspected of being
present in the United States illegally, of
passing this information along, verifying the
status and all the other provisions.
And again, there are several
different efforts discussed in this article.
It's pretty straightforward. It talks about
the police chiefs in Boston, Houston, several
communities in California and around the
country, who are concerned about the
arrangement.
It is a very -- let's not -- I
mean, all kidding aside, it is a very serious
problem when people are discouraged from going
to the police to report crimes or to cooperate
with the police because they're concerned
1822
about their immigration status. And some
people even who are here legally are concerned
about how they're going to be treated.
So let's not -- you know, let's not
treat this too cavalierly. I think there are
problems with this legislation. I urge
everyone to vote no.
And the problems and the concerns
of law enforcement officers may not be
unanimous, but it certainly is something that
has been raised by responsible officers in my
district and elsewhere.
Thank you, Madam President.
ACTING PRESIDENT McGEE: One more
time. Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those Senators
recorded in the negative on Calendar Number
430 are Senators Andrews, Brown, Diaz, Dilán,
Duane, Gonzalez, Hassell-Thompson, L. Krueger,
Montgomery, Paterson, Sabini, Sampson,
1823
Schneiderman, A. Smith, and Stavisky. Ayes,
42. Nays, 15.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
634, by Senator Volker, Senate Print 6249, an
act to amend the Criminal Procedure Law, in
relation to granting certain powers.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Rath, that completes the
reading of the controversial calendar.
SENATOR RATH: Thank you, Madam
Chairman. Please return to reports of
standing committees.
ACTING PRESIDENT McGEE: The
1824
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 6932, by the Senate
Committee on Rules, an act making
appropriations for the support of government.
ACTING PRESIDENT McGEE: Without
objection, the bill is reported directly to
third reading.
Senator Rath.
SENATOR RATH: If we can please
take up Senate 6932, emergency appropriation
bill.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
693, by the Senate Committee on Rules, Senate
Print 6932, an act making appropriations for
the support of government and to amend Chapter
18 of the Laws of 2004.
ACTING PRESIDENT McGEE: Senator
Rath.
SENATOR RATH: Is there a message
of necessity and appropriation?
1825
ACTING PRESIDENT McGEE: There is
a message of necessity and appropriation at
the desk.
SENATOR RATH: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the motion signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 22. This
act shall take effect immediately.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been requested.
SENATOR JOHNSON: Madam
President, this bill will pay the expenses of
operating the state government for the next
week, from now until next Monday. It includes
1826
Medicaid, unemployment, school aid payments,
payments to employees of the state,
contractual obligations, et cetera.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 22. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
2. Senators Sabini and Schneiderman recorded
in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Lachman.
SENATOR RATH: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR RATH: Oh, I'm sorry,
Senator Lachman.
SENATOR LACHMAN: Madam Chair,
I'd like to be recorded as voting in the
1827
negative on Calendar Number 430, S24A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Trunzo.
SENATOR TRUNZO: Madam President,
I commit Senate Bill Number 2043, Calendar
Number 541 on order of third reading, to the
Committee on Finance.
ACTING PRESIDENT McGEE: So
ordered.
Senator Rath.
SENATOR RATH: There being no
further business, I move we adjourn until
Tuesday, April 20th --
ACTING PRESIDENT McGEE: Just one
moment.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If I could have unanimous
consent to be recorded in the negative on Bill
6932.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR LIZ KRUEGER: Thank you.
ACTING PRESIDENT McGEE: Senator
1828
Rath again.
SENATOR RATH: Survey the room
this time.
There being no further business, I
move we adjourn until Tuesday, April 20th, at
3:00 p.m.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Tuesday, April 20th, at 3:00 p.m.
(Whereupon, at 3:39 p.m., the
Senate adjourned.)