Regular Session - February 8, 2005
496
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 8, 2005
11 3:00 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOHN J. FLANAGAN, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT FLANAGAN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and join me in the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT FLANAGAN: In
9 the absence of clergy, I would ask everyone to
10 bow their heads in a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT FLANAGAN:
14 Reading of the Journal.
15 THE SECRETARY: In Senate,
16 Monday, February 7, the Senate met pursuant to
17 adjournment. The Journal of Friday,
18 February 4, was read and approved. On motion,
19 Senate adjourned.
20 ACTING PRESIDENT FLANAGAN:
21 Without objection, the Journal stands approved
22 as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 there is a privileged resolution, 399, at the
9 desk by Senator Bruno. I ask that it be read
10 in its entirety and move for its immediate
11 adoption.
12 ACTING PRESIDENT FLANAGAN: The
13 Secretary will read.
14 THE SECRETARY: By Senator Bruno,
15 Legislative Resolution Number 399, recognizing
16 February 11, 2005, as "Blue Friday."
17 "WHEREAS, The State of New York
18 takes great pride in participating in
19 significant days of recognition; and
20 "WHEREAS, Albany radio station WGNA
21 has teamed up with the Capital District
22 Chapter of Concerns of Police Survivors,
23 Incorporated (COPS), in recognizing
24 February 11, 2005, as 'Blue Friday' in honor
25 of Albany Police Lieutenant John Finn and
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1 Schenectady Police Officer Eric Verteramo,
2 both of whom tragically and heroically lost
3 their lives in the line of duty; and
4 "WHEREAS, COPS, organized in 1984
5 with 110 members, is a nationwide nonprofit
6 organization which helps rebuild the lives of
7 survivors of law officers killed in the line
8 of duty, as determined by federal government
9 criteria; and
10 "WHEREAS, COPS also provides
11 training to law enforcement agencies on
12 survivor victimization issues and educates the
13 public of the need to support the law
14 enforcement profession and its survivors; and
15 "WHEREAS, Each year between 140 and
16 160 officers are killed in the line of duty,
17 and their families and coworkers are left to
18 cope with the tragic loss; and
19 "WHEREAS, Today COPS' membership
20 includes spouses, children, parents, siblings,
21 significant others and coworkers of officers
22 killed in the line of duty, and consists of
23 more than 12,000 families; and
24 "WHEREAS, February 11 marks the
25 one-year anniversary of the death of
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1 Lieutenant John Finn from the Albany Police
2 Department. This anniversary is a reminder to
3 pay tribute to those in the law enforcement
4 community who have made the ultimate
5 sacrifice; and
6 "WHEREAS, On February 11, 2005,
7 from 6:00 a.m. until 10:00 a.m., WGNA and COPS
8 will be taking a donation for a carnation,
9 selling blue carnations for $5. T-shirts will
10 also be available for $10; and
11 "WHEREAS, All proceeds will go
12 directly to COPS in memory of Lieutenant Finn
13 and Officer Verteramo; and
14 "WHEREAS, In addition, supporters
15 are asked to wear blue on that day; and
16 "WHEREAS, The State of New York is
17 eternally grateful for the service of its
18 brave men and women in law enforcement and
19 applauds the efforts of COPS to assist the
20 families of those who have made the ultimate
21 sacrifice; now, therefore, be it
22 "RESOLVED, That this Legislative
23 Body pause in its deliberations to recognize
24 February 11, 2005, as 'Blue Friday'; and be it
25 further
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1 "RESOLVED, That copies of this
2 resolution, suitably engrossed, be transmitted
3 to WGNA and COPS."
4 ACTING PRESIDENT FLANAGAN:
5 Senator Farley.
6 SENATOR FARLEY: Thank you, Mr.
7 President.
8 This resolution, by Senator Bruno,
9 myself and Senator Breslin, is one that
10 proclaims February 11th as "Blue Friday." And
11 with us in the gallery are a number of police
12 officers representing both cities, who lost
13 two valiant police officers.
14 WGNA, a local radio station, has
15 made a major project out of promoting this.
16 Incidentally, it's the number-one radio
17 station listener-wise in this area. And they
18 will be holding, this Friday, a sale of
19 carnations, blue carnations, which Senator
20 Breslin and I both have on, at the Colonie
21 Center, and also T-shirts to support COPS,
22 which is an organization that supports the
23 families of surviving police officers.
24 This is a significant day for us,
25 because I just want to say a few words about
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1 these two incredible officers that gave their
2 lives on behalf of their communities.
3 Lieutenant John Finn, only 38 years of age,
4 survived by his wife, Maura, and their two
5 daughters, Clara and Molly.
6 I was told by people that were
7 there at the funeral mass that the daughter
8 singing just absolutely devastated the entire
9 audience.
10 You know, this man was somebody
11 that always wanted to be a police officer. He
12 created the Children and Family Service Unit
13 for the City of Albany. He was a 13-year
14 veteran of the Albany P.D. and rose to the
15 rank of lieutenant.
16 He was responding to an armed
17 robbery within almost sight of the Capitol, on
18 South Pearl Street, and a fleeing suspect
19 opened fire, hitting him three times with the
20 intention to kill him. Fortunately, he was
21 able to get off a shot. But he suffered for
22 51 days before he passed away.
23 A man that is truly loved and
24 honored by his fellow police officers,
25 Lieutenant Finn will be sorely missed.
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1 In my hometown of Schenectady, Eric
2 Verteramo, 30 years of age, rushing to a
3 motorcycle accident, lost control of his
4 cruiser, slammed into a utility pole and was
5 killed, I believe, at the site.
6 Of course Eric was the ninth
7 officer who lost his life in the line of duty
8 in Schenectady. He was a very bright young
9 officer known for his good humor and his
10 physical fitness. He was an incredible
11 athlete. And he's another one that always
12 wanted to be a police officer.
13 I think it's rather significant
14 that we call this "Blue Friday." And the
15 results of this drive will go to try to help
16 the surviving families. As we honor these
17 police officers, you have to realize that they
18 leave a family behind. The mourning never
19 stops. Those children will never again see or
20 know their father. And of course in the case
21 of Eric, he's a young man -- they're both in
22 their thirties -- the tragedy is just beyond
23 belief.
24 It is with this that I yield the
25 floor. And I'm sure that Senator Breslin, who
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1 represents the City of Albany, would like to
2 speak to it.
3 Thank you, Mr. President.
4 ACTING PRESIDENT FLANAGAN:
5 Senator Breslin.
6 SENATOR BRESLIN: Thank you very
7 much, Mr. President.
8 And thank you, Senator Farley, for
9 such an eloquent presentation about Officer
10 Verteramo and Lieutenant John Finn from my
11 city of Albany. And John Finn's life and my
12 own and my brother's interacted frequently.
13 He exemplified what the definition of a police
14 officer really is about, and that's caring for
15 others.
16 But when we think of that caring
17 for others, we sometimes lose sight of the
18 fact that each and every day police officers
19 go out in the line of duty and put their life
20 at risk. And John Finn suffered the ultimate
21 sacrifice with the loss of his life and, as
22 Senator Farley said, leaving behind a wife and
23 two children.
24 But he is part of the best, those
25 people who protect us. And we're joined here
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1 today by Chief Jim Turley of the Albany Police
2 Department and other members of law
3 enforcement agencies.
4 And it will give us -- on "Blue
5 Friday" on an annual basis, we'll remember
6 Lieutenant John Finn, but we'll also remember
7 police forces as an entity. And it will place
8 them in our prayers and our thoughts to make
9 sure that not only for the deceased members,
10 who we'll raise money for, but each and every
11 member of those police agencies, what they do
12 on a daily basis to protect us.
13 And I commend Senator Farley, I
14 commend Senator Bruno for making this happen
15 today. And I'm delighted that the entire
16 Senate will participate in this process, to
17 make sure that "Blue Friday" is a success this
18 year as it will be every year.
19 Thank you, Mr. President.
20 ACTING PRESIDENT FLANAGAN:
21 Senator Farley.
22 SENATOR FARLEY: With this
23 addendum, I'd like to say that Senator Bruno
24 truly regrets that he's not here to address
25 and honor these police officers.
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1 And if it's all right with the
2 Acting Majority Leader, then we'll open up
3 this resolution to every member of the Senate.
4 And anyone wishing not to be on it please
5 notify the desk.
6 ACTING PRESIDENT FLANAGAN: On
7 the resolution, all in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT FLANAGAN:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT FLANAGAN: The
14 resolution is adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 if we could go to the noncontroversial reading
18 of the calendar.
19 ACTING PRESIDENT FLANAGAN: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 11, by Senator McGee, Senate Print 86, an act
23 to amend the Criminal Procedure Law, in
24 relation to eligibility.
25 SENATOR SCHNEIDERMAN: Lay it
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1 aside.
2 SENATOR SKELOS: Lay it aside for
3 the day, please.
4 ACTING PRESIDENT FLANAGAN: The
5 bill is laid aside for the day.
6 THE SECRETARY: Calendar Number
7 14, by Senator Trunzo, Senate Print 150, an
8 act to amend the Penal Law, in relation to
9 unlawful sale of tobacco.
10 SENATOR TRUNZO: Hold it up for
11 amendment.
12 ACTING PRESIDENT FLANAGAN: Lay
13 it aside for the day.
14 THE SECRETARY: Calendar Number
15 18, by Senator Morahan, Senate Print 237, an
16 act to amend the Penal Law --
17 SENATOR HASSELL-THOMPSON: Lay it
18 aside.
19 ACTING PRESIDENT FLANAGAN: The
20 bill is laid aside.
21 THE SECRETARY: Calendar Number
22 20, by Senator Maltese, Senate Print 274, an
23 act to amend the Penal Law, in relation to
24 clarifying the definition of physical injury.
25 ACTING PRESIDENT FLANAGAN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT FLANAGAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT FLANAGAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 21, by Senator Saland, Senate Print 312, an
13 act to amend the Penal Law, in relation to
14 including school buses.
15 SENATOR SABINI: Lay it aside.
16 ACTING PRESIDENT FLANAGAN: The
17 bill is laid aside.
18 THE SECRETARY: Calendar Number
19 22, by Senator Skelos, Senate Print 498, an
20 act to amend the Criminal Procedure Law, in
21 relation to limiting plea bargaining.
22 ACTING PRESIDENT FLANAGAN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT FLANAGAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT FLANAGAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 25, by Senator Volker, Senate Print 777, an
10 act to amend the Penal Law, in relation to the
11 imposition of certain fees.
12 ACTING PRESIDENT FLANAGAN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the same date as
16 Part F of Chapter 56 of the Laws of 2004.
17 ACTING PRESIDENT FLANAGAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT FLANAGAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 28, by Senator Balboni, Senate Print 183, an
25 act to amend the Penal Law, in relation to
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1 establishing.
2 SENATOR SCHNEIDERMAN: Lay it
3 aside.
4 ACTING PRESIDENT FLANAGAN: The
5 bill is laid aside.
6 THE SECRETARY: Calendar Number
7 46, by the Senate Committee on Rules, Senate
8 Print 1815, an act to amend the Insurance Law,
9 in relation to insurance conversions.
10 ACTING PRESIDENT FLANAGAN: Read
11 the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FLANAGAN: Call
15 the roll.
16 SENATOR SCHNEIDERMAN: Lay it
17 aside.
18 ACTING PRESIDENT FLANAGAN: The
19 bill is laid aside.
20 Senator Skelos, that completes the
21 noncontroversial reading of the calendar.
22 SENATOR SKELOS: Mr. President.
23 ACTING PRESIDENT FLANAGAN:
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 would you please ring the bells to inform the
2 members of the Senate that we are now on the
3 controversial calendar.
4 ACTING PRESIDENT FLANAGAN: The
5 Secretary will ring the bell.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 if we could now go to the controversial
9 reading of the calendar.
10 ACTING PRESIDENT FLANAGAN: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 18, by Senator Morahan, Senate Print 237, an
14 act to amend the Penal Law and the Criminal
15 Procedure Law.
16 SENATOR HASSELL-THOMPSON:
17 Explanation.
18 ACTING PRESIDENT FLANAGAN:
19 Senator Morahan, an explanation has been
20 requested.
21 SENATOR MORAHAN: Thank you, Mr.
22 President.
23 This bill amends the Penal Law and
24 the Criminal Procedure Law to provide that if
25 a person, while on parole or other conditional
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1 release, commits a felony, that they would
2 have to then complete the original felony
3 sentence to the maximum and then serve the
4 minimum of the new crime penalty before they
5 can again be paroled or released.
6 ACTING PRESIDENT FLANAGAN:
7 Senator Hassell-Thompson.
8 SENATOR HASSELL-THOMPSON: Thank
9 you, Mr. President.
10 Just a very quick question, if
11 Senator Morahan would yield.
12 ACTING PRESIDENT FLANAGAN:
13 Senator Morahan, will you yield?
14 SENATOR MORAHAN: Certainly, yes.
15 ACTING PRESIDENT FLANAGAN:
16 Senator Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you.
19 Senator Morahan, are there any
20 changes in this bill from last year?
21 SENATOR MORAHAN: No, ma'am.
22 SENATOR HASSELL-THOMPSON: Okay.
23 I'll waive any other questions.
24 Thank you, Mr. President. Thank
25 you.
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1 ACTING PRESIDENT FLANAGAN: Any
2 other Senators wishing to be heard?
3 Then the debate is closed.
4 The Secretary will ring the bell,
5 and the Sergeant-at-Arms will bring in the
6 members to the chamber.
7 Read the last section.
8 THE SECRETARY: Section 8. This
9 act shall take effect on the first of
10 November.
11 ACTING PRESIDENT FLANAGAN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT FLANAGAN: The
15 Secretary will announce the results.
16 THE SECRETARY: Those voting in
17 the negative on Calendar Number 18 are
18 Senators Andrews, Duane, Hassell-Thompson,
19 Montgomery, and Parker.
20 Those Senators absent from voting
21 on Calendar Number 18 are Senators Johnson and
22 Stavisky.
23 Ayes, 52. Nays, 5.
24 ACTING PRESIDENT FLANAGAN: The
25 bill is passed.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 21, by Senator Saland, Senate Print 312, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT FLANAGAN:
6 Senator Sabini.
7 SENATOR SABINI: Mr. President,
8 if the sponsor would yield for a question.
9 ACTING PRESIDENT FLANAGAN:
10 Senator Saland, will you yield to a question?
11 SENATOR SALAND: Yes, Mr.
12 President. As soon as I can get my colleague
13 to my right to sit down and not whisper in my
14 ear.
15 ACTING PRESIDENT FLANAGAN:
16 Senator Sabini.
17 SENATOR SABINI: Thank you, Mr.
18 President. I'd like to ask the sponsor to
19 clarify for me the intent or the actual
20 implication of the bill.
21 This bill came to Codes and not
22 Education, so I didn't have a chance to
23 reference the Vehicle and Traffic Law that it
24 refers to. But it is my understanding that
25 right now --
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1 SENATOR SALAND: Senator Sabini,
2 can I just ask for your indulgence.
3 I welcome Senator Goodman back to
4 the chamber, but there's a little bit of a din
5 over here, making it hard for me to hear
6 Senator Sabini. Thank you.
7 ACTING PRESIDENT FLANAGAN:
8 Senator Sabini.
9 SENATOR SABINI: I'm interested
10 in the application of the Vehicle and Traffic
11 Law here. And since it is my understanding
12 that currently if a school bus is parked on
13 school grounds, it is part of school grounds.
14 Does this bill address a school bus
15 moving? Since in some cases a school bus off
16 school grounds would be more of a fertile
17 place with less supervision than a school bus
18 on school grounds.
19 SENATOR SALAND: This is intended
20 to address the school bus that is somewhere
21 beyond the "drug-free school zone" boundaries
22 that surround our schools.
23 The long and short of it, Senator
24 Sabini, is that this is a bill that was
25 recommended to me several years ago by a local
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1 official in my Senate district who has since
2 passed away. And it just seemed to make a
3 heck of a lot of sense. We try to protect our
4 children within the drug-free school zones,
5 and it just seems a logical extension to say
6 if in fact they're in transit in a school bus,
7 they're entitled to the same protection.
8 SENATOR SABINI: Mr. President,
9 if I could ask just a follow-up to the
10 sponsor.
11 ACTING PRESIDENT FLANAGAN:
12 Senator Saland, do you continue to yield?
13 SENATOR SALAND: Yes, Mr.
14 President.
15 ACTING PRESIDENT FLANAGAN:
16 Senator Sabini.
17 SENATOR SABINI: I agree with the
18 sponsor's assertion. My question is, does
19 this bill do it, in effect, anywhere where a
20 school bus is, is this applicable?
21 SENATOR SALAND: I'm sorry,
22 Senator?
23 SENATOR SABINI: Does this law
24 apply no matter where a school bus is?
25 SENATOR SALAND: If it's being
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1 used for school purposes, if it's sitting in
2 front of somebody's driveway waiting for a
3 student to get on the bus, whether it's in
4 transit, if it's part of its regular and
5 ordinary duties, the intention is is that it
6 applies.
7 SENATOR SABINI: Mr. President,
8 if the sponsor would yield once again for
9 another question.
10 ACTING PRESIDENT FLANAGAN:
11 Senator Saland, do you continue to yield?
12 SENATOR SALAND: Yes, Mr.
13 President.
14 ACTING PRESIDENT FLANAGAN:
15 Senator Sabini.
16 SENATOR SABINI: Just in reading
17 the bill, halfway down it talks about a
18 thousand feet off of a school line. And that
19 was really where our confusion was, in that if
20 the bus is beyond a thousand feet, which is
21 less than a quarter of a mile, does this law
22 apply?
23 Because some of us agree with you,
24 we want tough penalties and tough laws on
25 people that deal drugs to our children.
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1 SENATOR SALAND: Well, there are
2 two subsections to the bill. And the language
3 that you're interested in is placed in
4 Subsection A. And if you read what's included
5 in A, there -- that -- what is included in A,
6 if you then look at the conclusion, it says
7 "or," and "or" leads into your 1,000 foot
8 context for --
9 SENATOR SABINI: So it's
10 either/or?
11 SENATOR SALAND: Yes.
12 SENATOR SABINI: Okay. Thank
13 you, Mr. President.
14 ACTING PRESIDENT FLANAGAN: Any
15 other Senator wishing to be heard on the bill?
16 Senator Onorato.
17 SENATOR ONORATO: Would the
18 sponsor yield for another question?
19 ACTING PRESIDENT FLANAGAN:
20 Senator Saland, will you yield?
21 SENATOR SALAND: Yes.
22 ACTING PRESIDENT FLANAGAN:
23 Senator Onorato.
24 SENATOR ONORATO: Senator Saland,
25 does the school bus have to have students on
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1 it for this to apply?
2 SENATOR SALAND: The school bus
3 has to be engaged in whatever would be part of
4 its ordinary and normal activities. If in
5 fact -- I guess I could conjure up a scenario.
6 If -- I'm trying to conjure up a scenario.
7 If in fact it was parked, again
8 waiting for a student to get on, and there
9 were some personnel that were on, whether they
10 were bus assistants or attendants, and they
11 were engaged in drug trafficking, I would
12 think it could be applicable.
13 But again, it would have to be
14 something that occurs during the ordinary
15 course of the operation of the school bus in
16 school business.
17 SENATOR ONORATO: Thank you.
18 ACTING PRESIDENT FLANAGAN: Any
19 other Senator wish to be heard?
20 Senator Diaz.
21 SENATOR DIAZ: Thank you, Mr.
22 President. If my colleague Senator Onorato
23 will yield for a question, please.
24 ACTING PRESIDENT FLANAGAN:
25 Senator Onorato, will you yield?
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1 SENATOR ONORATO: I yield.
2 SENATOR DIAZ: It was not clear
3 to me when you asked the question, and also
4 Senator Sabini, in questioning the distance of
5 the school bus of being on the property of a
6 school and being considered as a school
7 grounds.
8 It is -- it is -- are you saying --
9 just for my benefit, are you saying that we
10 would allow a school bus to be used as a
11 drug -- to use drugs in school buses if that
12 bus is not close to school?
13 SENATOR ONORATO: No, Senator,
14 you misinterpreted my question.
15 SENATOR DIAZ: Please explain to
16 me.
17 SENATOR ONORATO: My question
18 was, will this law apply if the school bus is
19 empty of students. In other words, the bus
20 driver may have already completed his route
21 and may be on his way back to the garage with
22 no students or any other school personnel on
23 it.
24 SENATOR DIAZ: Mr. President,
25 would the Senator yield.
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1 ACTING PRESIDENT FLANAGAN:
2 Senator Onorato, will you continue to yield?
3 SENATOR ONORATO: I'll be happy
4 to yield on my bill.
5 (Laughter.)
6 SENATOR DIAZ: So if the school
7 bus is empty and the driver already left all
8 the students and the driver is coming back
9 home, would it be okay, would it be good
10 enough so then they could use drugs in it?
11 SENATOR ONORATO: No, it's not
12 okay. But I want to know if the law will
13 apply if it's empty.
14 SENATOR DIAZ: Thank you, Mr.
15 President.
16 ACTING PRESIDENT FLANAGAN: Any
17 other Senator wish to be heard?
18 Debate is closed.
19 The Secretary will ring the bill.
20 The Sergeant-at-Arms will bring the members
21 into the chamber.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of
25 November.
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1 ACTING PRESIDENT FLANAGAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT FLANAGAN:
5 Announce the results.
6 THE SECRETARY: Ayes, 57.
7 Those Senators absent from voting
8 on Calendar Number 21 are Senators Johnson and
9 Stavisky.
10 ACTING PRESIDENT FLANAGAN: The
11 bill is passed.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 28, by Senator Balboni, Senate Print 183, an
15 act to amend the Penal Law, in relation to
16 establishing definitions.
17 SENATOR SCHNEIDERMAN:
18 Explanation.
19 ACTING PRESIDENT FLANAGAN:
20 Senator Balboni, an explanation has been
21 requested.
22 SENATOR BALBONI: Thank you, Mr.
23 President.
24 This is a bill that we have visited
25 beforehand but, I would argue, could not be
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1 more timely. As you will recall, in the
2 Governor's State of the State address he
3 outlined several criminal justice initiatives,
4 and one of the initiatives he talked about was
5 the creation of a cyberterrorism crime in this
6 state. That is what this bill does.
7 But it also does some things that I
8 think are crucial and obvious. The computer
9 laws in the State of New York were last
10 significantly changed in 1986. It's almost 20
11 years since we have updated our computer
12 crimes.
13 And to give you just how different
14 our world is today, back then, most of the
15 computers that were in our homes and our
16 schools were not connected to the Internet.
17 Now all our computers are connected to the
18 Internet.
19 I have some information to share
20 with my colleagues. USA Today did a study
21 back in November of last year, and all they
22 did was they took six computers and they
23 merely hooked them up to the Internet, and
24 they let them run. And they saw whether or
25 not there would be any type of attacks or an
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1 attempted intrusions.
2 Here are the numbers that came out
3 as a result of this little experiment. From
4 September 10th to September 25th, online
5 intruders made 305,000 attempts to break in to
6 six unguarded computers. The total attacks
7 averaged about 300 per day.
8 Now, these attacks can range from
9 anything from the attempted introduction of a
10 worm or a virus in your computer or to the
11 attempt to take over your computer to use it
12 in a subsequent attack, what we refer to as a
13 "denial of service" attack.
14 What this bill does is it sets up a
15 revamping of the criminal justice laws as it
16 relates to computer intrusion crimes, and it
17 creates a cyberterrorism crime for the State
18 of New York.
19 Thank you, Mr. President.
20 ACTING PRESIDENT FLANAGAN:
21 Senator Schneiderman.
22 SENATOR SCHNEIDERMAN: Thank you,
23 Mr. President. Briefly on the bill.
24 The -- my concern with this
25 legislation I expressed before. And I would
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1 urge the sponsor that I think everyone in this
2 house agrees that the laws in this area need
3 to be updated. Everyone agrees that
4 cyberterrorism, particularly where it relates
5 to things like power plants and the water
6 supply that rely on software, is an important
7 issue.
8 The difficulty I have is, as with
9 the last version, what we have here is an
10 incredibly overbroad definition of
11 cyberterrorism. And I would urge that a
12 one-house bill doesn't help make anyone any
13 safer from cyberterrorism.
14 If we want to really move forward
15 and make this a law, we're going to have to do
16 something about the definition, which creates
17 a Class B felony for anyone who is guilty of
18 any of the misdemeanors enumerated in this
19 statute "with the intent to affect the conduct
20 of a unit of government."
21 That means that if you are engaged
22 in computer intrusion in the third degree,
23 which means -- could mean you wilfully use a
24 computer without authorization to influence
25 the conduct of a unit of government, you're
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1 guilty of a B felony. So if you make
2 unauthorized use of someone's computer to send
3 an email to President Bush opposing his
4 proposal to raise copayments by veterans for
5 health care by $250 a year, you're guilty of a
6 B felony.
7 It is an incredibly broad
8 definition. And my suggestion to the sponsor,
9 as I did suggest last year as well, is that a
10 little bit of editing and a little bit of work
11 could make this a statute that would be
12 something that we could move forward, I
13 believe, even in the other house.
14 As it is drafted now, I think it
15 really contains what amounts to a poison pill.
16 You can't make every misdemeanor a B felony
17 just because it was done to affect the conduct
18 of a unit of government. That could mean
19 trying to affect the decision of a school
20 district whether to have a prom.
21 I mean, you know, there are lots of
22 things that are done by email now, lots of
23 things that are done through computer
24 networks. And this is just a -- the
25 escalation of a penalty into a major felony
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1 that is completely inappropriate given the
2 breadth of the definition.
3 So I supported this is in the past
4 with the view that we were going to move
5 forward and edit it and try and get a statute
6 actually passed. I would urge the sponsor,
7 though, that, you know, we've got time. Let's
8 do some editing now. Let's make this a
9 definition that could get somewhere in the
10 other house and come up with a cyberterrorism
11 law as opposed to letting another year go by
12 passing a one-house bill.
13 I will support the bill again, Mr.
14 President, with this ongoing request that
15 we're never going to get anywhere with this
16 until we narrow the definition.
17 Thank you.
18 ACTING PRESIDENT FLANAGAN:
19 Senator Klein.
20 SENATOR KLEIN: On the bill, Mr.
21 President.
22 ACTING PRESIDENT FLANAGAN: On
23 the bill.
24 SENATOR KLEIN: While I applaud
25 Senator Balboni's effort to punish people who
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1 commit various acts of cyberterrorism, I think
2 what we're doing is, first, we're not
3 addressing the problem and we're not doing
4 anything to prevent the problem.
5 I did an investigation last year
6 which showed our own state computers in
7 various state agencies that are holding very,
8 very important information -- like tax
9 information, our records from the Department
10 of Motor Vehicles -- were hacked into three
11 times in a three-month period.
12 And so we're really doing very,
13 very little within our own state within this
14 present administration to protect very
15 pertinent information from cyberthieves.
16 Also, one of the pieces of
17 legislation that I passed last year in the
18 Assembly would do something that's very, very
19 simple and, again, go a long way towards
20 preventing the ramifications of being a victim
21 of a cyberthief and identity fraud, and that's
22 to notify individuals if their pertinent
23 information is taken off a state computer or a
24 private computer.
25 Believe it or not, we have no
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1 policy and there is not one corporation in the
2 United States that has an affirmative program,
3 a program within their own company to notify
4 people if they're the victim of a cyberthief.
5 And I don't have to tell you, if
6 your information is taken -- your Social
7 Security number, your address -- what type of
8 havoc that can cause with your own finances.
9 So I look forward to doing a lot
10 more on this issue, and I applaud Senator
11 Balboni in actually punishing the people who
12 commit these crimes. But at the same time, I
13 think we need to do a lot more towards
14 preventing this crime and actually recognizing
15 that it exists in the State of New York.
16 Thank you.
17 ACTING PRESIDENT FLANAGAN:
18 Senator Krueger.
19 SENATOR LIZ KRUEGER: Thank you,
20 Mr. President. If the sponsor would please
21 yield.
22 ACTING PRESIDENT FLANAGAN:
23 Senator Balboni, will you yield?
24 SENATOR BALBONI: Yes.
25 ACTING PRESIDENT FLANAGAN:
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1 Senator Krueger.
2 SENATOR LIZ KRUEGER: Thank you.
3 Senator Balboni, I also find much
4 in this bill that I can be comfortable with.
5 Some concerns, technical. But two issues
6 stuck in my head this year that I didn't ask
7 you about last year.
8 Would this apply to ATM machines?
9 When I read the definition of the bill about
10 what a computer is, I believe it would. I was
11 wondering --
12 SENATOR BALBONI: I believe it
13 would also.
14 SENATOR LIZ KRUEGER: Okay. So I
15 suppose a follow-up question, Mr. President.
16 ACTING PRESIDENT FLANAGAN:
17 Senator Balboni, will you continue to yield?
18 SENATOR BALBONI: Yes, sir. Mr.
19 President, I yield.
20 SENATOR LIZ KRUEGER: Thank you.
21 Is there any reason for us to think
22 we ought to be reviewing this with the Banking
23 Department, on the theory that it would also
24 apply to ATM machines, which are under their
25 auspices?
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1 SENATOR BALBONI: Mr. President,
2 through you, I have discussed this bill with
3 our Department of Homeland Security, Mark
4 Cohen, who's the chief counsel. We have sent
5 this over for comment and review, and they, I
6 believe, have talked to not only DCJS but also
7 folks in the other agencies, including
8 Insurance and Banking.
9 Just on that point, you know, this
10 is a very coordinated approach that a lot of
11 people don't know about. There's actually a
12 group -- and I don't know what the acronym
13 stands for, but it's called FIPIC [ph], and it
14 talks about a federal, state and private
15 partnership that actually takes the insurance
16 industry, the banking industry, all of the
17 financial industries and tries to reach out
18 and give them governmental templates for them
19 to utilize in their own businesses to prevent,
20 again, these types of attacks.
21 So there is the involvement of the
22 financial community. Perhaps not as focused
23 on the bill as -- on the language that we have
24 here, but certainly in the general concepts of
25 how do we protect against cyberterrorism
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1 attacks.
2 SENATOR LIZ KRUEGER: Thank you.
3 Mr. President, if the sponsor would
4 continue to yield, please.
5 ACTING PRESIDENT FLANAGAN:
6 Senator Balboni, do you continue to yield?
7 SENATOR BALBONI: Yes, I do, Mr.
8 President.
9 ACTING PRESIDENT FLANAGAN:
10 Senator Krueger.
11 SENATOR LIZ KRUEGER: Can I
12 assume that also -- because you are right, the
13 definition of what is on computer is expanding
14 every day. Would this bill also apply to
15 video lottery terminals and lottery machines,
16 since they're also --
17 SENATOR BALBONI: Mr. President,
18 through you. To the extent that any
19 program -- I'm sorry, any -- let's see how to
20 describe it -- any platform is computer-based
21 and you would attempt to get into that
22 platform, that operating platform or computing
23 platform, yes, in fact that would fall under
24 the definitions. Which are in the first part
25 of the bill.
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1 SENATOR LIZ KRUEGER: Right.
2 Thank you.
3 Mr. President, if the sponsor would
4 please yield for another question.
5 ACTING PRESIDENT FLANAGAN:
6 Senator Balboni?
7 SENATOR BALBONI: I do, Mr.
8 President.
9 SENATOR LIZ KRUEGER: Thank you.
10 This clarification is very helpful, because I
11 think it both broadens my understanding of the
12 issues we're talking about and also where we
13 might need to go in the future in the state.
14 So would this also, I assume, then,
15 apply to voting machines if the State of
16 New York continues down the road of ending up
17 choosing machines that are attached to the
18 Internet in some way, or computer-driven?
19 SENATOR BALBONI: Mr. President,
20 through you, I don't believe that there's any
21 prohibition or restriction that it must be
22 connected to the Internet. We focus on that
23 as a relatively new phenomenon relative to the
24 initial amendments of the statute itself. But
25 we don't restrict it to the Internet use.
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1 Should you have a computer issue,
2 you try to access it without authorization,
3 that would fall under the definitions of the
4 bill.
5 SENATOR LIZ KRUEGER: Thank you.
6 Thank you very much.
7 Mr. President, briefly on the bill.
8 ACTING PRESIDENT FLANAGAN:
9 Senator Krueger, on the bill.
10 SENATOR LIZ KRUEGER: Thank you.
11 Well, I share my colleague Senator
12 Schneiderman's concerns that perhaps the
13 definitions are changing every day and we need
14 to think through what some of the impacts are.
15 To be honest, I am very glad to
16 hear that this would apply to ATM crimes,
17 which is a very real issue, as Senator Farley
18 knows from the Banking Committee. It would
19 apply to video lottery terminals and lottery
20 machines, which is also, whether anyone likes
21 it or not, a growing business in the state of
22 New York, and we need to assure that we are
23 protecting citizens from any kind of hacking
24 into that system.
25 And, frankly, perhaps most
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1 importantly, voting machines. Because as the
2 President Pro Tem certainly knows, we're
3 dealing with questions of where we go with
4 voting machines in this state, and there are
5 great concerns about our failure to be
6 exploring machines that are safe enough and
7 secure enough to be -- to have our votes be
8 counted on them.
9 And the fact is that research shows
10 that we do more to protect ATM machines and
11 more to protect video gambling machines than
12 we currently are doing in this country to
13 protect voting machines. So I'm glad to see
14 that if this bill became law, we'd be
15 expanding the definitions of oversight and
16 evaluation of all these new computer systems
17 that are affecting our lives.
18 So while I still don't know that I
19 understand all of this bill completely, I
20 respect the Senator's efforts on these issues
21 and think that in fact the impact is far
22 broader than even just homeland security. So
23 I will be voting for the bill.
24 Thank you very much for the
25 explanation.
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1 ACTING PRESIDENT FLANAGAN:
2 Senator Balboni.
3 SENATOR BALBONI: Yes, Mr.
4 President, on the bill. I wanted to address
5 Senator Schneiderman's concerns.
6 I've had a chance to work with many
7 people, Michael Fallon one of them, and we did
8 consider the change in the definition. The
9 difficulty, frankly, is that Assemblyman
10 Lentol introduced this bill last year. I
11 believe that he's going to be doing it again
12 this year. We're going to be negotiating that
13 definition.
14 The difficulty here is that we have
15 to start from a starting point. And the
16 starting point is the definition of terrorism
17 that we use in the Penal Law that we passed in
18 2001. The difficulty, of course, is in that
19 definition you have the utilization of
20 assassination, kidnapping, or murder as the
21 active components of an act of terrorism.
22 Well, you don't have that with computer crimes
23 or cyberterrorism.
24 And so that's, frankly, the
25 difficulty, the definitional difficulty. In
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1 other words, would you say it's only
2 cyberterrorism if someone died as a result of
3 the act? You know, and so we're actually
4 negotiating that.
5 But at the same point in time, I
6 think we're going to see initiatives from the
7 Governor that's going to talk about this
8 specific act.
9 And to Senator Klein's point, this
10 is the first of a series of bills that we will
11 be putting out that will talk about the new
12 assault on the American public through the
13 computer. Whether it is spyware, whether it
14 is other computer crimes or activities, we're
15 going to be hopefully be rolling out a lot of
16 pretty progressive stuff. I'm working with
17 Assemblyman Morelle on that. And I think that
18 you'll like what we have to say about that.
19 So some of the things that Senator
20 Klein pointed out are some of the things we'll
21 be looking at also.
22 So I want to thank you for all your
23 attention to this one. This is a good concept
24 we need in the state.
25 Thank you very much.
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1 ACTING PRESIDENT FLANAGAN: Any
2 other Senator wish to be heard?
3 The Secretary will ring the bell,
4 and the Sergeant-at-Arms will bring the
5 members into the chamber.
6 Read the last section.
7 THE SECRETARY: Section 12. This
8 act shall take effect on the first of
9 November.
10 ACTING PRESIDENT FLANAGAN: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 28 are -- is
15 Senator Duane.
16 Those Senators absent from voting
17 on Calendar Number 28 are Senators Johnson and
18 Stavisky.
19 Ayes, 56. Nays, 1.
20 ACTING PRESIDENT FLANAGAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 46, by the Senate Committee on Rules, Senate
24 Print 1815, an act to amend the Insurance Law.
25 SENATOR LIZ KRUEGER:
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1 Explanation, please.
2 ACTING PRESIDENT FLANAGAN: An
3 explanation has been requested, Senator
4 Seward.
5 SENATOR SEWARD: Yes, Mr.
6 President.
7 The bill before us deals with some
8 clarifying provisions of Chapter 1 of the Laws
9 of 2002. And if you would recall, the
10 legislation that we enacted back in 2002
11 allowed the Empire Blue Cross Blue Shield to
12 convert to a for-profit entity. And also, as
13 part of that, it was created the Public Asset
14 Fund as well as the charitable foundation.
15 And this legislation does two
16 things. Number one, it extends to the members
17 of the board of these two entities
18 indemnification under the Public Officers Law;
19 and, number two, it clarifies that the Public
20 Asset Fund and its board shall not be
21 considered a state agency.
22 ACTING PRESIDENT FLANAGAN:
23 Senator Krueger.
24 SENATOR LIZ KRUEGER: Thank you,
25 Mr. President. If the sponsor would please
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1 yield.
2 ACTING PRESIDENT FLANAGAN:
3 Senator Seward, will you yield to a question?
4 SENATOR SEWARD: Certainly, Mr.
5 President.
6 ACTING PRESIDENT FLANAGAN:
7 Senator Krueger.
8 SENATOR LIZ KRUEGER: Thank you.
9 Thank you very much.
10 The sponsor discusses that there
11 are two parts to the bill, and one is to
12 indemnify the officers of the board under the
13 Public Officers Law. Am I correct that that
14 in-general indemnification under the Public
15 Officers Law is for entities that are in some
16 way the government or a part of the government
17 or affiliated with the government, as opposed
18 to private entities?
19 SENATOR SEWARD: Well, Mr.
20 President, it's not uncommon to extend this
21 type of indemnification under the Public
22 Officers Law to such entities as this board of
23 the Public Asset Fund. Because we do it for
24 the State Insurance Fund. We -- also a number
25 of nonprofit entities in the state, their
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1 boards are indemnified under these provisions
2 of law even though they are not considered
3 state agencies. So they obviously do public
4 good on behalf of the state, as does this
5 entity.
6 And I would also point out that the
7 laws of Chapter 1 of 2002 offered such
8 indemnification.
9 However, as you may know, there's
10 some litigation involving that law we passed
11 in 2002. And the passage of this bill today,
12 should it be enacted, would mean that
13 regardless of what happens in the court case
14 involving the original law, that the board
15 would be able to proceed with indemnification.
16 And that, frankly, is necessary in order to
17 allow for any further stock sales and also to
18 maintain the stock price.
19 SENATOR LIZ KRUEGER: Mr.
20 President, if the sponsor would please
21 continue to yield.
22 ACTING PRESIDENT FLANAGAN:
23 Senator Seward, will you continue to yield?
24 SENATOR SEWARD: Yes.
25 ACTING PRESIDENT FLANAGAN:
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1 Senator Krueger.
2 SENATOR LIZ KRUEGER: Thank you
3 very much. I appreciate the response on that
4 part of the bill.
5 The other part of the bill would
6 provide that this Public Asset Fund should no
7 longer be considered part of the state or its
8 agencies, even though, as you've already
9 raised, there is litigation still in process
10 that may change the outcome of what would
11 happen with the proceeds of a sale of this
12 asset fund, which would then no longer be
13 considered part of the state or its agencies
14 if this bill passed.
15 Is that correct on my part? Is
16 that a correct analysis?
17 SENATOR SEWARD: Mr. President, I
18 had difficulty hearing the question. If we
19 could have a little more quiet, and if you
20 could just repeat the question.
21 ACTING PRESIDENT FLANAGAN: If we
22 could get the house quiet.
23 And it would be helpful, Senator
24 Krueger, if you would be kind enough to repeat
25 the question.
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1 SENATOR LIZ KRUEGER: I will
2 repeat and try to be clearer, actually.
3 So the second part of this law,
4 which we didn't discuss yet, would clarify
5 that this Public Asset Fund would no longer be
6 a part of the state or its agencies, it would
7 become a private entity. Although you are
8 correct, there is still litigation moving
9 through the courts as to what might ultimately
10 might or might not happen to the distribution
11 of funds from this sale.
12 Is it a concern or -- one, am I
13 correct in my reading? And, two, should it be
14 a concern to us at all that this would then be
15 a private entity but we still don't know the
16 outcome of a legal decision and we, in fact,
17 then might have liability because we
18 underwrote them, so to speak, under our
19 liability law?
20 There's a complication, it seems to
21 me, between public role/private role and
22 litigation. Is there any concern you have
23 about the confusion that might occur after
24 litigation was resolved because of these
25 changing patterns of ownership?
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1 ACTING PRESIDENT FLANAGAN:
2 Senator Seward.
3 SENATOR SEWARD: Mr. President,
4 I'm very comfortable with the provisions in
5 the bill.
6 But let me explain further. The --
7 I would make one correction to what Senator
8 Krueger said. She said that they would be
9 considered no longer to be a state agency. It
10 was never intended to be considered a state
11 agency. And that was -- we're really not
12 changing anything. We are clarifying that it
13 could not -- cannot be considered a state
14 agency or a direct state entity.
15 So that is just a -- really a
16 clarifying provision versus a major change in
17 law.
18 And, frankly, it's important to
19 move forward with that distinction for I think
20 two very important reasons. We as a state
21 have a great deal at stake in the sale of the
22 Empire Blue Cross stock as it proceeds.
23 They're scheduled stock sales. And, frankly,
24 we have -- we're looking to fund a good
25 portion of the HCRA through the proceeds of
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1 those sales.
2 So I think the state and, more
3 importantly, those that are -- very much need
4 the services and the medical and health care
5 that is derived through HCRA, it's important
6 that we get as much money from the sale of
7 this stock as possible. So it's important to
8 keep that stock price up and not have any
9 impediments to sale of the stock.
10 And secondly, along the same line,
11 it's important that we do not jeopardize the
12 Empire Blue Cross license under the national
13 Blue Cross Blue Shield Association. Because I
14 question very much that they would allow
15 Empire to continue to be -- use that Blue
16 Cross name if in fact there was any thought
17 that they were a state entity directly.
18 So for those two reasons, I'm very
19 comfortable with the bill that it really does
20 merely clarify provisions of the 2002 law and
21 will in fact help us in our efforts to fully
22 fund HCRA.
23 SENATOR LIZ KRUEGER: Mr.
24 President, if the sponsor would yield to one
25 additional question.
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1 ACTING PRESIDENT FLANAGAN:
2 Senator Seward, do you continue to yield?
3 SENATOR SEWARD: Certainly.
4 ACTING PRESIDENT FLANAGAN:
5 Senator Krueger.
6 SENATOR LIZ KRUEGER: Thank you.
7 I appreciate your clarification and educating
8 me about this.
9 So again, if I read this and listen
10 to your explanations, under this change we,
11 the State of New York, wouldn't have the right
12 to review their books because they wouldn't
13 be, quote, unquote, a public entity or a
14 public asset fund as we have understood it up
15 until now, where the Comptroller's office or
16 the Legislature or the executives had the
17 ability to review the finances of the entity.
18 So we would not, after passage of
19 this bill, have the right to review the books,
20 but we would still be liable as the government
21 for defense and indemnification of their
22 officers and their employees? Is that
23 correct?
24 SENATOR SEWARD: Well, Mr.
25 President, under the existing law, the board
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1 of this Public Asset Fund is subject to
2 consultation with the Division of the Budget.
3 Plus the Comptroller is the -- they do -- the
4 Comptroller does actually take care of the
5 accounts, the money.
6 So there is some degree of, shall
7 we say, state oversight on that very limited
8 basis. So it's not as if there's not some
9 degree of at least looking at the books.
10 SENATOR LIZ KRUEGER: Thank you,
11 Mr. President.
12 Briefly on the bill.
13 ACTING PRESIDENT FLANAGAN:
14 Senator Krueger, on the bill.
15 SENATOR LIZ KRUEGER: Thank you.
16 I do have some concern that we
17 would be continually responsible for defending
18 and indemnifying the officers and employees of
19 this company prior to the sale without having
20 necessarily the same oversights we do over
21 other entities of the State of New York.
22 I think one of the things we talk
23 about so often in this Legislature is the
24 importance of, again, bringing the dollars
25 back on the books. We finally got HCRA --
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1 well, we think we may have HCRA back on the
2 budget, if it moves forward this year. And as
3 Senator Seward talked about, now this would be
4 potentially a funding stream for HCRA,
5 although I think that's still open for
6 interpretation by some people.
7 And yet we'd be removing in some
8 way our oversight powers and our review and
9 accountability powers for this what may be --
10 $2 billion is a number I heard earlier today.
11 So I will vote for the bill,
12 although I am not sure whether the other house
13 is moving forward on such bill, but with great
14 caution and concern over the precedent we
15 might be making here today that we would again
16 be removing legislatively our oversight
17 authority over large sums of the public's
18 money and, in this situation, even leaving
19 ourselves liable for the responsibilities if
20 something goes wrong, without having had a
21 direct role in overseeing the operation of
22 this set of funds or the sale therein. And
23 that ultimately, of course, there's the
24 question of how those funds are used.
25 So out of respect for Senator
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1 Seward, and the concerns that if we don't act
2 quickly we may face a serious problem, I will
3 vote for it. But I think we should all be
4 thinking carefully about what this is a
5 precedent and what some of the dangers and
6 risks from this action might be.
7 So thank you, Mr. President.
8 ACTING PRESIDENT FLANAGAN:
9 Senator Hannon.
10 SENATOR HANNON: Yes, Mr.
11 President.
12 I think Senator Seward has
13 comprehensively and thoroughly just addressed
14 the questions, but I just want to add, in
15 terms of oversight, that this entity is a
16 publicly traded corporation, it's subject to
17 all of the filing requirements established
18 under the SEC and the heightened filing
19 requirements required by the Sarbanes-Oxley.
20 In addition, as a publicly traded
21 insurance corporation, it's regulated by the
22 Superintendent of Insurance, in the same
23 fashion that we regulate the other publicly
24 traded health insurance corporations.
25 So that there is a great deal of
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1 information just in the same way we have with
2 the other corporations. So we're on an equal
3 footing with them. There's no less, there's
4 not been complaints we don't have the
5 oversight with the other corporations.
6 They're on an equal footing. We know what's
7 happening with their books.
8 ACTING PRESIDENT FLANAGAN: Any
9 other Senator wish to be heard?
10 The Secretary will ring the bell.
11 The Sergeant-at-Arms will bring the members
12 into the chamber.
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FLANAGAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 46 is Senator
21 Duane. Ayes, 56. Nays, 1.
22 Those Senators absent from voting
23 on Calendar Number 46 are Senators Dilan,
24 Johnson, and Stavisky.
25 ACTING PRESIDENT FLANAGAN: The
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1 bill is passed.
2 Senator Skelos, that completes the
3 controversial reading of the calendar.
4 SENATOR SKELOS: Mr. President,
5 is there any housekeeping at the desk?
6 ACTING PRESIDENT FLANAGAN: No
7 housekeeping, Senator.
8 SENATOR SKELOS: There being no
9 further business to come before the Senate, I
10 move we stand adjourned until Wednesday,
11 February 9th, at 11:00 a.m.
12 ACTING PRESIDENT FLANAGAN: On
13 motion, the Senate stands adjourned until
14 Wednesday, February 9th, at 11:00 a.m.
15 (Whereupon, at 4:04 p.m., the
16 Senate adjourned.)
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