Regular Session - May 10, 2005
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 10, 2005
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
22
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is the
11 Reverend Stan Key, pastor of Loudonville
12 Community Church in Loudonville, New York.
13 REVEREND KEY: Let's pray
14 together.
15 Father, we don't pray to You simply
16 out of habit, we pray to You because we have
17 need of You.
18 We invite You to cleanse our hearts
19 so that our minds can be clear to think
20 thoughts that are pleasing to You, to make
21 decisions that will be pleasing to you. Help
22 us, as men and women, to act as those who will
23 one day give an account.
24 We thank You for those gathered
25 here, for their lives, for their families, for
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1 their desire to be servants, remembering those
2 words of Jesus when he said, "The greatest
3 among you are those who serve."
4 Help us in these moments. We ask
5 it in Jesus' name.
6 Amen.
7 THE PRESIDENT: Reading of the
8 Journal.
9 THE SECRETARY: In Senate,
10 Monday, May 9, the Senate met pursuant to
11 adjournment. The Journal of Sunday, May 8,
12 was read and approved. On motion, Senate
13 adjourned.
14 THE PRESIDENT: Without
15 objection, the Journal stands approved as
16 read.
17 Presentation of petitions.
18 Messages from the Assembly.
19 Messages from the Governor.
20 Reports of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator
23 DeFrancisco, from the Committee on Judiciary,
24 reports the following nominations.
25 As a judge of the Ulster County
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1 Family Court, Steven Nussbaum, of New Paltz.
2 ACTING PRESIDENT MEIER: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: I rise to
5 move the nomination of Steven Nussbaum, of
6 New Paltz, as a judge of the Ulster County
7 Family Court.
8 We had a Judiciary Committee
9 meeting earlier today where soon-to-be Judge
10 Nussbaum appeared and was unanimously
11 recommended to this full body for the position
12 to which he was nominated by Governor Pataki.
13 I personally met with him for a
14 short time before the meeting. So he's
15 definitely a man of superior intellect. His
16 resume is incredible, dealing with issues that
17 he will face every day as a judge of the
18 Family Court.
19 I'm proud to move his nomination.
20 And I would ask Mr. President to please
21 recognize Senator Bonacic to second the
22 nomination.
23 ACTING PRESIDENT MEIER: Senator
24 Bonacic.
25 SENATOR BONACIC: Thank you, Mr.
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1 President.
2 I rise in support of the nomination
3 of Steven Nussbaum as a judge of the Ulster
4 County Family Court. He's joined today by his
5 bride, Lauren; his stepdaughter, Alanna; his
6 son, Eli; his mom and dad, Allan and Vivian;
7 his brother, David; and his aunt and uncle,
8 Roberta and Stephen Nash.
9 This is a good start, Steve,
10 because if ever someone should ever think of
11 running against you in November, you just
12 bring all the family out, and I know you're
13 going to do very well.
14 But on a serious side, Steve has
15 had an exemplary and distinguished legal
16 career. He's been practicing law for
17 17 years, and his signature has been the
18 Family Court. He's had over 2,000 cases that
19 he has handled personally. He has been
20 honored by the Ulster County Bar Association
21 as law guardian in the year 2001.
22 And I know that he's going to make
23 an outstanding Family Court judge, and I also
24 support the unanimous approval of the
25 Judiciary Committee. And I will be voting for
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1 his confirmation today.
2 Thank you, Mr. President.
3 ACTING PRESIDENT MEIER: The
4 question is on the confirmation of Steven
5 Nussbaum, of New Paltz, as a judge of the
6 Ulster County Family Court. All those in
7 favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT MEIER: Those
10 opposed, nay.
11 (No response.)
12 ACTING PRESIDENT MEIER: The
13 nominee is confirmed.
14 Judge Nussbaum is with us today in
15 the gallery.
16 Judge, we wish you well with your
17 very important duties.
18 (Applause.)
19 ACTING PRESIDENT MEIER: The
20 Secretary will continue to read.
21 THE SECRETARY: As a judge of the
22 Court of Claims, Marcia P. Hirsch, of
23 Rockville Centre.
24 ACTING PRESIDENT MEIER: Senator
25 DeFrancisco.
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1 SENATOR DeFRANCISCO: I'm also
2 proud to rise to move the nomination of Marcia
3 Hirsch for the position of Court of Claims
4 judge, also an extremely accomplished
5 individual who has finished undergraduate work
6 in three years rather than four, finished law
7 school in two and a half years rather than
8 three, while she was working at the time, has
9 a record, if you haven't read her resume yet,
10 of government service second to none. Another
11 incredible nominee that the Governor has
12 passed on to us.
13 She is joined by many, many people,
14 once again. Fortunately, she doesn't have to
15 run for election, which is always a good
16 thing. But she has her husband, Ned Hirsch,
17 who had an excellent law school education;
18 daughters, Allison and Hillary; parents, Adele
19 and Ed Podgorski; sister and brother-in-law
20 Janine and Roland Guilz; sister-in-law Carolyn
21 Podgorski; mother-in-law, Lydia Hirsch; Rabbi
22 Abraham Blum -- it's always good to have a
23 rabbi with you on an occasion like this --
24 friends Marie and Peter Forgach and Meri and
25 Mark Mason.
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1 Once again, it's an incredible
2 nominee. And we're very fortunate that both
3 of these individuals would be willing to serve
4 in these important judicial positions.
5 They'll clearly serve as wonderful
6 representatives for the people.
7 Ms. Hirsch has -- it was mentioned
8 at the Senate Judiciary Committee that she has
9 an incredible temperament, an individual who
10 will listen to both sides and make sure that
11 the decision is fair.
12 Mr. President, I would request that
13 you recognize Senator Skelos to second the
14 nomination.
15 ACTING PRESIDENT MEIER: Senator
16 Skelos.
17 SENATOR SKELOS: Thank you very
18 much, Mr. President. I'm delighted to rise in
19 seconding the nomination of Marcia Hirsch, one
20 of my neighbors in Rockville Centre.
21 I mentioned in the Judiciary
22 Committee meeting that she, as Senator
23 DeFrancisco mentioned, that she graduated
24 college with a four-year degree in three
25 years -- my son is in his fifth year of a
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1 four-year program -- and law school in two and
2 a half years.
3 And certainly I know your parents
4 are very proud of you, but also the savings
5 that were incurred by your graduating so soon.
6 Just a distinguished academic
7 career. Private practice, public service.
8 Really the combination and mixture of
9 experience, of life's experience that will
10 make Marcia a -- and I'm going to -- this is
11 one of the last few times I'm going to be able
12 to call you Marcia; now we have to call you
13 "Judge" -- but that Marcia has that will bring
14 the right temperament as a judge of the Court
15 of Claims.
16 But what's most important to me is
17 the fact that she has been so involved within
18 our Rockville Centre community, serving as
19 president of the Rockville Centre school
20 board -- recently, obviously, announcing her
21 retirement as she becomes a judge -- served as
22 a school board member for nine years, very
23 involved with special education, Parent
24 Teacher Association member, active with the
25 St. Agnes parish, part of the Building Fund
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1 volunteer. Just a good person.
2 So I just want to thank the
3 Governor for this fine nomination.
4 And again, as I mentioned in the
5 Judiciary Committee, whether it was general
6 counsel for the Division of Housing or as a
7 judge of the Court of Claims, these are
8 positions that Marcia did not go after. Her
9 qualifications, her ability, her personality,
10 her temperament drew people to her and asked
11 her to serve in these positions.
12 So I'm delighted, and I see Ned
13 beaming up there, absolutely beaming with
14 pride, parents so happy. And I'm just
15 delighted to be able to second your
16 nomination. Congratulations.
17 ACTING PRESIDENT MEIER: Senator
18 Farley.
19 SENATOR FARLEY: Thank you, Mr.
20 President. I also rise to second the
21 nomination of Marcia.
22 I want to go back to her roots a
23 little bit. Although she's cut quite a swath
24 in Long Island, she does come from Rotterdam,
25 New York, which is in Schenectady County, from
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1 a remarkable family.
2 She graduated magna cum laude and
3 Phi Beta Kappa from Union College, right near
4 where I live -- where my daughter, who's also
5 a lawyer, also graduated from -- and went on
6 to Syracuse University for a remarkable
7 academic career.
8 But, you know, so many things that
9 are happening today are happening with women
10 in the area of law. Back when I was in law
11 school, back with Abe Lincoln and way back
12 there, there were almost very few or no women
13 in law school.
14 Were any in your law school, John
15 Marchi? I don't know. But they were rare.
16 SENATOR DeFRANCISCO: They didn't
17 have running water then.
18 SENATOR FARLEY: They didn't have
19 any -- oh, that's not nice.
20 I did go to school with Judge Judy,
21 who's -- she was the only woman in my class.
22 (Laughter.)
23 SENATOR FARLEY: But let me just
24 say, Marcia, how proud we are of you and your
25 family, the Podgorski family from Rotterdam,
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1 and what a mark you have made in life and how
2 proud we are of you.
3 But so many things, you don't leave
4 your past behind. Chief Judge Richard Sise
5 said to make sure how proud he was of what
6 you're doing, and also your Schenectady County
7 roots.
8 And my very best wishes to you.
9 And what a remarkable career you've had. And
10 the judiciary is lucky to have you, and the
11 Governor has made another excellent
12 appointment. Congratulations.
13 ACTING PRESIDENT MEIER: Senator
14 Bonacic.
15 SENATOR BONACIC: Thank you, Mr.
16 President.
17 I had the pleasure of seeing the
18 work of Marcia as she was general counsel and
19 I served as chairman of Senate Housing.
20 I think what was obvious to me is
21 she possesses all these qualities. She's a
22 woman of beauty, she's a woman of brains,
23 she's a woman of experience in so many facets
24 of the law, both public and private sector.
25 She has the respect of all of the
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1 people that she has worked with in her legal
2 career.
3 And, finally, she certainly has the
4 qualities that will make her a great judge,
5 and it's been talked about by Senator
6 DeFrancisco and Senator Skelos, of a judicial
7 temperament that she will bring to the bench.
8 We wish her the best as a Court of
9 Claims judge, and just keep it going. And I'm
10 sure we're going to see you again, Marcia.
11 Thank you, Mr. President.
12 ACTING PRESIDENT MEIER: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: You know, I
15 always try to be fair, and I want to make sure
16 we have full disclosure here. And I forgot to
17 mention this. And I don't know how this is
18 going to affect the vote, but Senator Manny
19 Gold sent a letter recommending Marcia for
20 this position very highly.
21 (Laughter.)
22 SENATOR MAZIARZ: Oh, that helps.
23 SENATOR DeFRANCISCO: So I wanted
24 to make sure that that was on the record and
25 have full disclosure. Thank you.
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1 ACTING PRESIDENT MEIER: Senator
2 DeFrancisco, ordinarily I would ask you to
3 represent me, but after that I don't know.
4 (Laughter.)
5 ACTING PRESIDENT MEIER: The
6 question is on the confirmation of Marcia P.
7 Hirsch, of Rockville Centre, as a judge of the
8 Court of Claims. All those in favor signify
9 by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MEIER: Those
12 opposed, nay.
13 (No response.)
14 ACTING PRESIDENT MEIER: The
15 nominee is confirmed.
16 Judge Hirsch is with us in the
17 chambers today, and we congratulate you and
18 wish you well with your important duties.
19 (Applause.)
20 ACTING PRESIDENT MEIER: The
21 Secretary will continue to read.
22 THE SECRETARY: Senator Robach,
23 from the Committee on Civil Service and
24 Pensions, reports the following bill direct to
25 third reading:
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1 Senate Print 3659B, by Senator
2 Golden, an act to amend the Retirement and
3 Social Security Law.
4 ACTING PRESIDENT MEIER: The bill
5 will be reported to third reading.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator Farley.
11 SENATOR FARLEY: Thank you, Mr.
12 President.
13 On behalf of Senator Skelos, on
14 page 14 I offer the following amendment to
15 Calendar 149, Senate Print 484, and I ask that
16 that bill retain its place on the Third
17 Reading Calendar.
18 ACTING PRESIDENT MEIER: The
19 amendment is received and adopted, and the
20 bill will retain its place on the Third
21 Reading Calendar.
22 Senator Skelos.
23 SENATOR SKELOS: I believe
24 there's a substitution at the desk. If we
25 could make it at this time.
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1 ACTING PRESIDENT MEIER: The
2 Secretary will read the substitution.
3 THE SECRETARY: On page 6,
4 Senator Hannon moves to discharge, from the
5 Committee on Corporations, Authorities and
6 Commissions, Assembly Bill Number 7099 and
7 substitute it for the identical Senate Bill
8 Number 4264, Second Report Calendar 811.
9 And on page 43, Senator Flanagan
10 moves to discharge, from the Committee on
11 Agriculture, Assembly Bill Number 1011A and
12 substitute it for the identical Senate Bill
13 Number 2826, Third Reading Calendar 691.
14 ACTING PRESIDENT MEIER:
15 Substitutions ordered.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 if we could adopt the Resolution Calendar,
19 with the exception of Resolution 1729.
20 ACTING PRESIDENT MEIER: All
21 those in favor of adopting the Resolution
22 Calendar, with the exception of Resolution
23 1729, signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT MEIER: Those
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1 opposed, nay.
2 (No response.)
3 ACTING PRESIDENT MEIER: The
4 Resolution Calendar, with exception, is
5 adopted.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 Resolution 1729, by Senator Golden, could we
9 have the title read and move for its immediate
10 adoption.
11 ACTING PRESIDENT MEIER: The
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Golden, Legislative Resolution Number 1729,
15 memorializing Governor George E. Pataki to
16 proclaim May 17, 2005, as Elder Abuse
17 Awareness Day in the State of New York.
18 ACTING PRESIDENT MEIER: Senator
19 Golden.
20 SENATOR GOLDEN: Thank you,
21 Acting President. I'd like to speak on the
22 resolution today on Clarence and Jeannie
23 Soule.
24 But before I do so, I'd like to
25 welcome the Fire Department here and
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1 congratulate the two judges that are leaving
2 the hall presently.
3 And speaking of older Americans, my
4 good friend Judge Mega, Chris Mega, formerly
5 Senator Chris Mega, is in the chamber today.
6 Truly a great man, and a great reason why both
7 myself and Senator DiCarlo were privileged to
8 be in this body at different points over the
9 past several years.
10 I'd like to point to two great
11 people up here, and that's Clarence and
12 Jeannie Soule, who have been designated as the
13 2005 Senior Citizens of the Year.
14 We talk about people that make a
15 difference -- and these two people definitely
16 made a difference for the lives of the people
17 in the State of New York. And these were
18 recommended to us by Senator Jim Seward.
19 And these two, this couple -- could
20 I have some silence in the -- Acting
21 President.
22 ACTING PRESIDENT MEIER: Can we
23 have some order in the chamber.
24 Senator Golden.
25 SENATOR GOLDEN: This couple, a
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1 husband-and-wife team, went out in their years
2 of -- twilight years, and deliver food from a
3 pantry for over 200 people.
4 Her husband goes in his truck and
5 goes down and picks up the food at the local
6 pantry, I don't know how many miles away from
7 their home, and then he goes and picks up the
8 bread at another location, and he brings all
9 that food back so that they can help the
10 families of their town in delivering food and
11 clothing to those in need.
12 These are truly two points of light
13 that have definitely helped and contributed to
14 the greatness of this great state.
15 You know, us as a body, we look and
16 we see what goes well in our communities, and
17 we copy that and we bottle that and we try to
18 take it back to our colleagues so that we can
19 spread it across the state when we see
20 something that's working well.
21 And, ladies and gentlemen, these
22 two have developed something that we think is
23 really unique and really good. And hopefully
24 we can copy what they've done and be able to
25 talk about it in our communities and be able
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1 to recognize and get people eager to do what
2 they have done, and that's to help our seniors
3 across this great state.
4 So it is a privilege today to have
5 this resolution on both Clarence and Jeannie
6 Soule, and to recommend them to this great
7 body.
8 And open up this resolution, I'd
9 like to open up this resolution to all of my
10 colleagues on both sides of the house if -- so
11 that they can join in and be part of this
12 great tribute.
13 I'd like to thank them. God bless
14 them and their families. And please, continue
15 to do God's work, because it's what you do
16 that makes us as good as we are.
17 Thank you.
18 ACTING PRESIDENT MEIER: Senator
19 Seward.
20 SENATOR SEWARD: Thank you, Mr.
21 President.
22 On behalf of my constituents in
23 Greene County and throughout our part of
24 New York State, I just want to rise to
25 congratulate Clarence and Jeannie Soule on
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1 this very special designation here today.
2 Because both Clarence and Jeannie
3 are truly outstanding senior citizens of
4 New York State. They are both, together, very
5 active in working to help certainly their
6 family, number one, and then their community,
7 their church, as well as so many individual
8 senior citizens in their community. They are
9 truly a team, and that's something very, very
10 special about all that they do.
11 Clarence and Jeannie are the
12 parents of four children. But when one of
13 their neighbors died and left two teenagers in
14 need of a home, Clarence and Jeannie actually
15 took those children in and they became part of
16 the Soule family. That's something very, very
17 special.
18 And as Senator Golden pointed out,
19 while Jeannie is the director of the local
20 food pantry, it's Clarence that's making the
21 runs for the food and clothing and the other
22 items that are so helpful to some 200 families
23 every single month.
24 They're both very active in the
25 local fire department, the local church, and
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1 they visit people in the nursing homes and
2 help people with transportation needs in their
3 communities.
4 There's no question that their
5 corner of world and the mountaintop in Greene
6 County, as well as the world in general, is a
7 better place because of these two very loving
8 and caring people.
9 So I rise to say what a wonderful
10 choice for Senior Citizen of the Year in this
11 couple, and to congratulate them on this
12 important designation.
13 And while I'm on my feet, I would
14 just like to acknowledge the fact that not
15 only are Clarence and Jeannie in the gallery,
16 but also Jeannie's sister, Barbara Anderson,
17 is with us, as well as Clarence's sister, Dott
18 Giordano, and also Jo van Valkenborgh, who was
19 so important to their being nominated for this
20 important designation.
21 So to all of you we say
22 congratulations, this is a special day and
23 well-deserved.
24 ACTING PRESIDENT MEIER: Senator
25 Farley.
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1 SENATOR FARLEY: Thank you, Mr.
2 President.
3 I rise also to congratulate this
4 remarkable couple on this very significant
5 honor as Senior Citizens of the Year.
6 I was the first chairman of the
7 Aging Committee in the New York State Senate.
8 It shows you how old you're getting when
9 you're chairman emeritus of the committee.
10 But anyway, that Senior Citizen of the Year
11 program started under my reign.
12 And I just want to say what an
13 honor this is and what an outstanding choice
14 that, Senator Golden, you have made with this
15 couple.
16 I also want to mention that there
17 is a Schenectady connection here, that Barbara
18 Anderson is my constituent from my hometown of
19 Niskayuna, your sister.
20 And you can be very proud of your
21 sister. I presume it might be your older
22 sister. But it doesn't matter, she's your
23 sister. And I think that that's truly
24 outstanding.
25 And I congratulate you both, the
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1 Soules, because this is a couple that has
2 given so much, not only to their community but
3 to the entire State of New York. This is just
4 not an honor that is recognized locally, it is
5 a remarkable statewide honor.
6 And congratulations and best
7 wishes, and many, many more years of serving
8 your fellow persons.
9 Thank you.
10 ACTING PRESIDENT MEIER: The
11 question is on the resolution. All those in
12 favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MEIER: Those
15 opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MEIER: The
18 resolution is adopted. Resolution 1729 is
19 adopted.
20 Resolution 1748, with regard to the
21 members' remarks, was previously adopted.
22 Senator Bruno.
23 SENATOR BRUNO: Mr. President, I
24 believe that there are two resolutions at the
25 desk by Senator Nozzolio. I would ask that
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1 the titles be read and move for their
2 immediate adoption.
3 ACTING PRESIDENT MEIER: The
4 Secretary will read.
5 THE SECRETARY: By Senator
6 Nozzolio, Legislative Resolution Number 1805,
7 congratulating the Sodus High School Boys
8 Basketball Team and Coach Jim Sergeant upon
9 the occasion of capturing the New York State
10 Class C State Championship.
11 And by Senator Nozzolio,
12 Legislative Resolution Number 1806,
13 congratulating the Palmyra-Macedon Boys
14 Basketball Team and Coach John "Chip" Tatro
15 upon the occasion of capturing the New York
16 State Class B Championship.
17 ACTING PRESIDENT MEIER: On the
18 resolutions, all those in favor signify by
19 saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT MEIER: Those
22 opposed, nay.
23 (No response.)
24 ACTING PRESIDENT MEIER: The
25 resolutions are adopted.
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1 Senator Bruno.
2 SENATOR BRUNO: Mr. President, I
3 have a privileged resolution at the desk. I
4 would ask that it now be read in its entirety
5 and move for its immediate adoption.
6 ACTING PRESIDENT MEIER: The
7 Secretary will read.
8 THE SECRETARY: By Senator Bruno,
9 Legislative Resolution Number 1766, welcoming
10 the members of the New York City Uniformed
11 Firefighters Association upon the occasion of
12 their visit to the New York State Capitol,
13 Albany, New York, on Tuesday, May 10, 2005.
14 "WHEREAS, This Legislative Body,
15 representing the people of the State of
16 New York, is proud to commend the
17 contributions that the New York City
18 firefighters provide us by responding to our
19 needs with extreme bravery at moments in our
20 lives when we are faced with injury or
21 possible death; and
22 "WHEREAS, Attendant to such certain
23 concern, and in full accord with its
24 long-standing traditions, this Legislative
25 Body is justly proud to welcome the members of
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1 the New York City Uniformed Firefighters
2 Association upon the occasion of their visit
3 to the New York State Capitol, Albany,
4 New York, on Tuesday, May 10, 2005; and
5 "WHEREAS, In the last eight
6 decades, the job of firefighter in New York
7 City has changed greatly, in no small measure
8 due to the dedicated and vigilant actions of
9 the Uniformed Firefighters Association.
10 Committed to improving the living and working
11 conditions of its members through better
12 compensation and benefits, the UFA has served
13 as the true guardian of the welfare of all
14 firefighters; and
15 "WHEREAS, Borne of and spurred on
16 by the great labor movement of the late 19th
17 and early 20th centuries, the UFA (originally
18 the Uniformed Firemen's Association) sought to
19 improve the lives of its workers. In the
20 beginning, this simply meant fighting for
21 better pay and a shorter workday. In the
22 years that followed, the goals expanded to
23 include seeking paid holidays and vacations,
24 improved pensions, and medical and other
25 benefits; and
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1 "WHEREAS, Central to the success of
2 the union were two key factors: unity of the
3 membership, and strong leadership on the
4 Executive Board. Another important role the
5 union has undertaken is organizing the
6 goodwill and supportive nature of the
7 brotherhood of firefighters by establishing
8 the Widows and Children's Fund, to assist the
9 families of firefighters who have made the
10 supreme sacrifice; and
11 "WHEREAS, Through the membership,
12 this goodwill has expanded with the
13 establishment of the Thomas Elsasser Fund,
14 which assists the families of firefighters who
15 die non-line-of-duty, and in many cases have
16 great financial needs. The Elsasser Fund,
17 founded in 1990, is a key example of how the
18 UFA continues to evolve and serve as an
19 integral party in the lives of New York City's
20 firefighters; and
21 "WHEREAS, In 1988, UFA celebrated
22 80 years of great progress, and looks forward
23 to the 21st century, anticipating even greater
24 improvements in the lives of New York City
25 firefighters. The many thousands of
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1 firefighters, by their hard work and
2 commitment to the union pledge of solidarity,
3 have enriched the lives of so many fellow
4 firefighters and their families; and
5 "WHEREAS, Today, the UFA is a
6 leader in fighting for its members' rights.
7 The FDNY of today for firefighters is a far
8 cry from what it was when the department
9 began, because of the efforts of UFA
10 organizers; and
11 "WHEREAS, It is fitting that this
12 Legislative Body honor those who put their
13 lives on the line in the performance of their
14 service to the community, recognizing also
15 that the daily performance of such service by
16 the New York City firefighters enables us to
17 live and work with the security that, if
18 endangered, they will be there to protect us;
19 and
20 "WHEREAS, These brave individuals
21 often have a thankless job, and people do not
22 recognize that such individuals risk their
23 lives every day that they go to work. These
24 individuals who choose such work should be
25 commended and recognized for their efforts;
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1 and
2 "WHEREAS, While we show our
3 appreciation for New York City firefighters,
4 we shall also take a moment to remember those
5 firefighters who have lost their lives in
6 service to their communities, and to remember
7 their families and their sacrifice; now,
8 therefore, be it
9 "RESOLVED, That this Legislative
10 Body pause in its deliberations to welcome the
11 members of the New York City Uniformed
12 Firefighters Association upon the occasion of
13 their visit to the New York State Capitol,
14 Albany, New York, on Tuesday, May 10, 2005;
15 and be it further
16 "RESOLVED, That a copy of this
17 resolution, suitably engrossed, be transmitted
18 to the members of the New York City Uniformed
19 Firefighters Association of New York City."
20 ACTING PRESIDENT MEIER: Senator
21 Bruno.
22 SENATOR BRUNO: Thank you, Mr.
23 President and colleagues.
24 You just heard a resolution that
25 was read. And we're joined here in the
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1 chamber by members of the uniformed
2 firefighters of New York City and their great
3 association that has represented the uniformed
4 firefighters for decades. And we welcome them
5 to the chamber.
6 And you heard in the resolution
7 words like "extreme bravery." There isn't a
8 person here or a person out there that hasn't
9 experienced in some way what that really means
10 in real life, in a real way. So we're
11 indebted to you, we here in the Senate and the
12 Legislature, the constituency that's out here
13 in New York State, in New York City, because
14 you are really heroes.
15 Some of you don't look like heroes.
16 I don't know what a hero is supposed to look
17 like. But you are heroes, each and every one
18 of you, through 9/11 and what happened there.
19 When people were exiting with flames raging,
20 firefighters were going in. As the traffic
21 was exiting the building as quickly as they
22 could, firefighters were going in. Hundreds
23 of them killed. Trying to do what? Lead
24 people to safety and save people.
25 So thank you. Thank you for the
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1 work that you do. Every day that you get up,
2 you never know what that day is going to
3 bring. You're always on duty. And if there's
4 a fire and you're not on duty, I know you
5 respond. You're there. You're in the
6 vicinity. And people died who were not on
7 duty as firefighters on 9/11, and in other
8 places.
9 So, Mr. President and colleagues,
10 we honor, through this resolution, the
11 firefighters, each and every one individually.
12 You can be proud of what you do. Your
13 families are proud of you. Your neighbors are
14 proud of you. We here in government are
15 proud. Because when you think in terms of
16 being out there, doing whatever, whatever it
17 takes -- to do what? Save people's lives,
18 keep them from harm, protect their property.
19 That's what you do on a daily basis.
20 And in your profession, we only
21 hope and pray that you have less time to be
22 out there putting out fires and more time to
23 think and train and maintain equipment, do all
24 the kinds of things that you do.
25 So thank you. Thanks for your
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1 commitment. Thanks for your bravery. Thanks
2 for the heroism that you display whenever
3 you're called out, not knowing what it is that
4 is going to be there. It could appear to be a
5 small fire, and who knows what's there, and
6 there's an explosion. And you recognize that,
7 and you put on your uniforms and you're there.
8 So thank you all, and God bless you
9 in your work.
10 Thank you, Mr. President.
11 ACTING PRESIDENT MEIER: Senator
12 Golden.
13 SENATOR GOLDEN: Thank you,
14 Acting President.
15 I could never say it as well as the
16 leader has just said it. The work that you do
17 each and every day for this city and for this
18 state, you just can't add it up. You just
19 can't put it down on paper. You just cannot
20 figure out the dollars that you wind up saving
21 this city when it costs -- goes to life, when
22 it goes to property, when it goes to keeping
23 our city as strong as it is and our state as
24 strong as it is.
25 I personally thank each and every
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1 one of you for being here today.
2 We still, to this day, are having
3 street namings in the City of New York for
4 those that perished on 9/11. We just had one
5 last week. And next Monday, coming up, at
6 10:30 in the morning, we'll be doing a
7 memorial in Kings County at the American
8 Veterans Memorial Pier at 69th Street and
9 Shore Road. And hopefully we can get some of
10 the Fire Department members to show up and be
11 part of that memorial.
12 And we're going to be naming -- for
13 the next several months we'll still be naming
14 streets in honor and parks in honor of those
15 that perished from 9/11.
16 And it doesn't go by a week that we
17 don't see a fire or a terrible tragedy in the
18 City of New York where we see our firemen
19 being hurt and we see our citizens being hurt
20 in our city. And you are running into that
21 building and saving lives. I commend each and
22 every one of you and thank you for being here
23 today. And this body appreciates what you've
24 done and what your family sacrifices have
25 been.
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1 So may God continue to bless each
2 and every one of you and your families for the
3 great sacrifices that you continue to meet and
4 make each and every day.
5 Thank you.
6 ACTING PRESIDENT MEIER: Senator
7 Farley.
8 SENATOR FARLEY: Thank you. I
9 rise to salute America's heroes.
10 Because, you know, after 9/11 I
11 think that you and your colleagues from the
12 New York City firefighters did more to raise
13 the status and love that the rest of the state
14 and nation has for firefighters, and to
15 realize the heroism that your colleagues that
16 gave their lives -- and didn't give their
17 lives, but served under that terrible,
18 terrible tragedy.
19 And what you accomplished and the
20 respect that you have given to the
21 firefighters throughout this nation is really
22 a tribute to you and to the New York City
23 firefighters.
24 I'm very proud of all that you have
25 done for, not only for our state but what you
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1 do every day. As Senator Golden said, may God
2 bless you and keep you safe in your work.
3 It's perhaps the most dangerous occupation
4 that we have in our country. I think it is
5 the most dangerous.
6 And we wish you well. We're
7 grateful for your service and very, very proud
8 that you're here today.
9 ACTING PRESIDENT MEIER: On the
10 resolution, all those in favor signify by
11 saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MEIER: Those
14 opposed, nay.
15 (No response.)
16 ACTING PRESIDENT MEIER: The
17 resolution is unanimously adopted.
18 (Standing ovation.)
19 ACTING PRESIDENT MEIER: Senator
20 Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, I wish to call up Print Number
23 1430A, recalled from the Assembly, which is
24 now at the desk.
25 ACTING PRESIDENT MEIER: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 377, by Senator Fuschillo, Senate Print 1430A,
4 an act to authorize the French-speaking
5 Baptist Church.
6 ACTING PRESIDENT MEIER: Senator
7 Fuschillo.
8 SENATOR FUSCHILLO: I now move to
9 reconsider the vote by which the bill was
10 passed.
11 ACTING PRESIDENT MEIER: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 SENATOR FUSCHILLO: I now offer
16 the following amendments.
17 ACTING PRESIDENT MEIER: The
18 amendments are received.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President,
21 can we at this time take up the
22 noncontroversial reading of the calendar.
23 ACTING PRESIDENT MEIER: The
24 Secretary will conduct the noncontroversial
25 reading of the calendar.
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1 THE SECRETARY: Calendar Number
2 221, by Senator Golden, Senate Print 1823, an
3 act to amend the Penal Law --
4 SENATOR SCHNEIDERMAN: Lay it
5 aside.
6 ACTING PRESIDENT MEIER: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 379, by Senator Libous, Senate Print 1820A, an
10 act to amend the Village Law and the Public
11 Officers Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 432, by Senator Saland, Senate Print 3192, an
24 act to amend the Education Law --
25 SENATOR BRUNO: Lay it aside for
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1 the day.
2 ACTING PRESIDENT MEIER: Lay the
3 bill aside for the day.
4 THE SECRETARY: Calendar Number
5 463, by Senator Skelos, Senate Print 3508, an
6 act to amend the Penal Law, in relation to the
7 possession of disguised knives.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 58. Nays,
16 2. Senators Duane and Montgomery recorded in
17 the negative.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 507, by Member of the Assembly Sweeney,
22 Assembly Print Number 3107, an act to amend
23 the Executive Law, in relation to employment
24 discrimination.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 571, by Senator Libous, Senate Print 3705, an
12 act to amend the Town Law and the Public
13 Officers Law, in relation to providing.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 574, by Senator LaValle, Senate Print 1094, an
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1 act in relation to authorizing a study of the
2 relevant issues.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 594, by Senator Fuschillo, Senate Print 1865,
15 an act to amend the Judiciary Law, in relation
16 to practicing or appearing.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 622, by Senator Volker, Senate Print 3908, an
4 act to amend the Criminal Procedure Law, in
5 relation to the disclosure.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 634, by Senator Trunzo, Senate Print 425, an
18 act to amend the Vehicle and Traffic Law, in
19 relation to dealers.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 646, by Senator Robach, Senate Print 4258, an
7 act to amend the Civil Service Law, in
8 relation to suspension.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 663, by Senator Rath, Senate Print 3313, an
21 act to amend the General Municipal Law, in
22 relation to municipal cooperative activities.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 666, by Senator Trunzo, Senate Print 3572, an
10 act in relation to authorizing the assessor of
11 the Town of Islip.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59. Nays,
20 1. Senator Bonacic recorded in the negative.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 670, by Senator Larkin, Senate Print 3838, an
25 act authorizing the Goldsmith D. and Mary B.
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1 Johnes Home.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59. Nays,
10 1. Senator Bonacic recorded in the negative.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 672, by Senator Skelos, Senate Print 3898, an
15 act authorizing the assessor of the County of
16 Nassau to accept an application.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 674, by Senator Balboni, Senate Print 3965, an
4 act authorizing Korean Joong Bu Presbyterian
5 Church.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59. Nays,
14 1. Senator Bonacic recorded in the negative.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 681, by Senator Seward, Senate Print 3819A, an
19 act to amend Chapter 630 of the Laws of 1988,
20 amending the Insurance Law.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 684, by Senator Maziarz, Senate Print 4185 --
8 SENATOR SCHNEIDERMAN: Lay it
9 aside.
10 ACTING PRESIDENT MEIER: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 757, by Senator Wright, Senate Print 5200A, an
14 act to amend the Economic Development Law, in
15 relation to the Power for Jobs electricity
16 savings reimbursements.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 Senator Skelos, that completes the
3 noncontroversial reading of the calendar.
4 SENATOR SKELOS: Thank you, Mr.
5 President. If we could go to the
6 controversial reading of the calendar.
7 ACTING PRESIDENT MEIER: The
8 Secretary will ring the bells, please.
9 Members are asked to come to the
10 chamber for the controversial reading of the
11 calendar.
12 The Secretary will conduct the
13 controversial reading of the calendar.
14 THE SECRETARY: Calendar Number
15 221, by Senator Golden, Senate Print 1823, an
16 act to amend the Penal Law, in relation to
17 criminal use of public records.
18 SENATOR SCHNEIDERMAN:
19 Explanation.
20 ACTING PRESIDENT MEIER: Senator
21 Golden, Senator Schneiderman has requested an
22 explanation of Calendar 221.
23 SENATOR GOLDEN: Thank you,
24 Acting President.
25 This bill makes the use of public
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1 records for the purpose of committing a crime
2 a Class E felony; in effect, committing a
3 crime in furtherance of a crime with the use
4 of FOILed records.
5 We have situations across the
6 state -- more recently, one from Long Island
7 where two corrections officers were working
8 and their information was FOILed and their
9 credit was ruined.
10 And if you were to take a look at
11 the Google search and the use of public
12 records for gain, you would see that there are
13 1,690 hits on that alone. And that's on
14 Google hits for using public records for gain
15 and for using public records for illicit gain.
16 And obviously, when that is taken
17 from those files, that material is used
18 against correction officers, police officers
19 and other law enforcement agencies and
20 officers to hurt them and their families. And
21 that is the reason for the bill.
22 ACTING PRESIDENT MEIER: Senator
23 Schneiderman.
24 SENATOR SCHNEIDERMAN: Yes,
25 through you, Mr. President, if the sponsor
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1 would yield for a question.
2 ACTING PRESIDENT MEIER: Senator
3 Golden, do you yield for a question?
4 SENATOR GOLDEN: I do, sir.
5 ACTING PRESIDENT MEIER: The
6 sponsor yields.
7 SENATOR SCHNEIDERMAN: I
8 understand, Mr. President, that this is a bill
9 which I feel is not a good solution to any
10 problem. But I feel that it is a sincere
11 effort to address a problem.
12 I was wondering if the sponsor
13 could further explain the circumstances with
14 these correction officers that leads us to be
15 here today once again visiting this piece of
16 legislation.
17 SENATOR GOLDEN: The question
18 again, please?
19 SENATOR SCHNEIDERMAN: Through
20 you, Mr. President, specifically, what were
21 the records that were FOILed with these
22 corrections officers that led to this
23 situation that requires the bill to be here
24 today?
25 SENATOR GOLDEN: What they do is
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1 they access their Social Security numbers and
2 then purchase credit cards in their Social
3 Security and names and use those Social
4 Security cards and ruin the officers' and law
5 enforcement officers' credit rating and build
6 up tremendous dollars on accounts that they
7 have no idea that they have or had.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Mr. President. Thank the sponsor.
10 On the bill.
11 ACTING PRESIDENT MEIER: Senator
12 Schneiderman, on the bill.
13 SENATOR SCHNEIDERMAN: This is, I
14 think, right up there with Senator Maziarz's
15 "wounded bears chasing children through the
16 woods act" as far as badly drafted pieces of
17 legislation go, in my view.
18 The difficulty I have, and I've
19 shared this with the sponsor, is that while I
20 do think it's a sincere effort to get at a
21 problem, this legislation will not address
22 that problem and will create many, many other
23 problems.
24 This bill, as drafted, states that
25 a person -- it's an additional crime of
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1 criminal use of public records applied to
2 anyone who uses any information derived from a
3 public record that's obtained through a FOIL
4 request in the commission of a crime. So it
5 creates an additional crime.
6 It doesn't require that the person
7 who uses the information is the person who did
8 the FOIL request, it doesn't require that the
9 person who uses the information even knows
10 that this came from a FOIL request. So I
11 think that this is a good example of
12 legislation that has -- other than its title,
13 it doesn't do anything to address the issue
14 that it purports to address.
15 I would respectfully suggest, and
16 I'm happy to work with the sponsor on this,
17 that the answer to dealing with the problem of
18 criminals, a very real problem of criminals
19 getting access to records, is to work through
20 the exemptions to the FOIL law provided in the
21 Civil Rights Law to deal with the question of
22 regulation of information brokers, which is a
23 very serious problem here. I'm shocked we
24 haven't had a bill from Senator Balboni about
25 that yet.
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1 But the problem of people getting
2 access to public records is very real. It
3 would not be addressed by this bill. This
4 bill would create a crime for anyone --
5 unknowingly, knowingly, no scientia
6 requirement -- who uses a record in the
7 commission of any crime. It's just not
8 something that's ever going to pass and become
9 law. It should not become law.
10 And I would respectfully request
11 that before we revisit this again another
12 year, let's try and draft up something that
13 addresses the very real problem apparently
14 faced by these correction officers.
15 I'll be voting no, encouraging
16 everyone to vote no, and I will be encouraging
17 the sponsor to work with us on redrafting this
18 before spring springs again here in 2006.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Golden.
22 SENATOR GOLDEN: Thank you,
23 Acting President. Will Senator Sneidelman --
24 Sneidelman -- Schneiderman yield for a
25 question.
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1 ACTING PRESIDENT MEIER: Senator
2 Schneiderman, do you yield?
3 SENATOR SCHNEIDERMAN: Or someone
4 more or less by that name, yes.
5 ACTING PRESIDENT MEIER: He
6 yields.
7 SENATOR GOLDEN: I believe the
8 question that you have is because the -- I
9 guess they would not know, if somebody could
10 find these records in the street and use these
11 records against the correction officer or
12 police officer and would not knowingly know
13 that they were FOILed.
14 Is that the issue at hand?
15 SENATOR SCHNEIDERMAN: Well,
16 actually, no.
17 This doesn't provide any parameters
18 for the criminal conduct at issue. This means
19 if you commit any crime -- and I suppose this
20 could mean, you know, that you get the address
21 of someone who you then go burgle their house
22 and you happen to get it from a document you
23 don't know is FOILed -- if you're, I suppose,
24 sort of a confused burglar who's leafing
25 through documents -- that would fall under the
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1 statute.
2 This provides absolutely no
3 limitations. It doesn't require that the
4 crime that is committed, the underlying actual
5 crime, relates to the person whose records
6 were FOILed. It doesn't require that the --
7 that anything. I mean, really, this is as
8 broadly drafted as you could possibly make a
9 bill.
10 So my problem is not just that
11 someone could be guilty of this additional
12 crime without knowing that the records were
13 FOILed, it's that this could relate to a crime
14 that has nothing to do, really, with the
15 FOILed records. It could be something where
16 they're using information derived from a
17 FOILed record without knowledge.
18 And it doesn't -- again, you don't
19 address a very specific problem of something,
20 as you describe -- which I respect your effort
21 to address it -- with the correction officers
22 having their Social Security numbers picked up
23 out of the system, by having an overly broad
24 statute that would relate to any possible
25 crime in the use of any possible record that
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1 happens to have once been derived from FOILed
2 information.
3 SENATOR GOLDEN: Would Senator
4 Schneiderman continue to yield.
5 ACTING PRESIDENT MEIER: Senator,
6 do you continue to yield?
7 SENATOR SCHNEIDERMAN: I'd be
8 happy to yield.
9 ACTING PRESIDENT MEIER: The
10 Senator yields.
11 SENATOR GOLDEN: Senator
12 Schneiderman, if the word "knowingly" were
13 placed in there, a person is guilty of the
14 criminal use of public records when he or she
15 knowingly uses any record or information,
16 knowingly uses any record or information
17 derived from any record in the course of that
18 crime, would that help us to get this past
19 your --
20 SENATOR SCHNEIDERMAN: Well, I --
21 through you, Mr. President, that certainly
22 would be an improvement.
23 But I think that my suggestion to
24 the sponsor would be that the answer to the
25 problem we're addressing here is to prevent
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1 this information from getting into the wrong
2 hands in the first place.
3 We have to take steps to protect
4 the confidential records correction officers
5 and police officers, as has been done through
6 the civil rights laws, and not to providing an
7 overly broad punishment after the fact of
8 people who, you know, may or may not have
9 knowingly obtained the records.
10 I would also suggest that -- and I
11 think we can solve that problem. I think it's
12 something we should address through the civil
13 rights laws.
14 I would, in addition to the
15 suggestion that you add "knowingly," the
16 definition of the commission of a crime I
17 think has to be revisited. Because I would
18 suggest if you're creating a new statute
19 having to do with the abuse of public records,
20 that there should be some parameters for the
21 crime we're talking about. It should be a
22 crime that relates to the abuse of those
23 records.
24 So I think, rather than editing
25 this sentence, I think we should start over
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1 and write a new sentence. And I'm happy to
2 work with the sponsor on that in our spare
3 time as we await the end of session.
4 ACTING PRESIDENT MEIER: Senator
5 Golden.
6 SENATOR GOLDEN: On the bill.
7 I appreciate Senator Schneiderman's
8 opposition to certain paragraphs and
9 definitions, and I will change that word in an
10 amendment to "knowingly."
11 I will proceed with this bill and
12 be glad to work with you in the future to make
13 this bill even better.
14 Thank you, sir.
15 ACTING PRESIDENT MEIER: Any
16 other Senator wish to be heard?
17 Senator Klein.
18 SENATOR KLEIN: Mr. President, on
19 the bill.
20 ACTING PRESIDENT MEIER: Senator
21 Klein, on the bill.
22 SENATOR KLEIN: While I applaud
23 Senator Golden's attempt to strengthen our
24 laws when it comes to identity theft, this is
25 the second time this session the only
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1 legislation we're attempting to pass has to do
2 with penalties. While I certainly would
3 believe we should be punishing the
4 perpetrators of identity theft, I think we
5 really have to do more.
6 I did several investigations in
7 this area, one involving state computers which
8 shows that in a four-year period, New York
9 State's computers were hacked into 72 times.
10 And we're talking about the Department of
11 Motor Vehicles, the State Department of
12 Taxation and Finance. Clearly, areas that
13 hold a lot of very important information.
14 We know, this year, the cases of
15 ChoicePoint and BankAmerica -- the list goes
16 on and on.
17 Several years ago, in the state of
18 California, someone hacked into the direct
19 deposit system for state employees and stole
20 over 233,000 names and Social Security numbers
21 of California state employees.
22 This is a huge problem. And I
23 think the way we should deal with it is
24 legislation that I have introduced in the
25 Assembly, which is now carried by Senator
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1 Fuschillo, which would notify individuals if
2 they were a victim of identity theft.
3 I think the only way we can get
4 corporate America, as well as our state, to
5 take this issue seriously is to require them
6 to notify people if their information is
7 taken. Clearly there is not one corporation
8 in the United States right now that has their
9 own policy in requiring to notify people if
10 information is taken off their computers.
11 So I think that will have a
12 tremendous chilling effect on the entire
13 industry. And I hope that the legislation I
14 talked about, actually notifying individuals
15 if they're the victim of identity theft, comes
16 to fruition in this house.
17 ACTING PRESIDENT MEIER: Any
18 other Senator wish to be heard on the bill?
19 The debate is closed, then.
20 The Secretary will ring the bells.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MEIER: Senator
4 DeFrancisco, to explain his vote.
5 SENATOR DeFRANCISCO: I'm going
6 to vote aye on this bill.
7 And I think some of the objections
8 of Senator Schneiderman have been addressed by
9 a brilliant suggestion by Senator Golden as
10 far as the word "knowingly."
11 The other point is one of the
12 problems that Senator Schneiderman mentioned
13 was that it's too open-ended. But the bill
14 does say that the penalty goes into effect or
15 the statute is applicable when these records
16 are used in the furtherance of committing a
17 crime. I think that does state that the
18 records have to be used to help facilitate the
19 crime, and it's already an element.
20 Also, this is just one remedy. I
21 mean, obviously there's an administration that
22 should be doing everything they can to prevent
23 hacking of government information. And the
24 other bill that was mentioned, the Fuschillo
25 bill, is another component.
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1 So I don't think any of these are
2 mutually exclusive. I think we need all of
3 them. And I vote aye.
4 ACTING PRESIDENT MEIER: Senator
5 DeFrancisco will be recorded in the
6 affirmative.
7 Senator Fuschillo, to explain his
8 vote.
9 SENATOR FUSCHILLO: Thank you,
10 Mr. President. Let me just add my support to
11 this legislation and compliment my colleague.
12 As a victim of identity theft some
13 two years ago, it is a terrible experience for
14 anybody to go through, when you come home one
15 day and you find a couple of Gateway computers
16 on your door, with the Federal Express truck
17 outside. And I happened to be by there. And
18 when I denied them, when I checked with
19 Gateway, somebody had my Social Security
20 number and all my personal information.
21 So I compliment Senator Golden on
22 this.
23 And to respond to Senator Klein, we
24 have come pretty close in the "Comprehensive
25 Computer Breach Bill," in response to
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1 ChoicePoint, because we as a state should have
2 a law that's similar to California, that when
3 a computer is stolen and an individual's
4 personal information is in there, that
5 individual should be notified in an
6 expeditious manner.
7 Because in my case, once I was a
8 victim of identity theft, contacting the
9 police and being the chair of Consumer
10 Protection, you know a little bit what to do
11 when your identity is stolen. And the best
12 thing to do is time has to be on your side,
13 where you have to contact the credit bureaus,
14 the credit checks immediately. But the
15 penalties in our state don't go far enough.
16 So my compliments to Senator
17 Golden, and I'll be voting in the affirmative
18 on this legislation.
19 ACTING PRESIDENT MEIER: Senator
20 Fuschillo will be recorded in the affirmative.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar 221 are Senators
25 Andrews, Brown, Connor, Dilan, Duane,
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1 Gonzalez, Hassell-Thompson, L. Krueger,
2 Montgomery, Parker, Paterson, Sabini, Savino,
3 Schneiderman and A. Smith. Also Senator
4 Breslin. Also Senator Stavisky. Also Senator
5 Serrano.
6 Ayes, 41. Nays, 18.
7 Absent from voting on Calendar
8 Number 221, Senator Maltese.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 684, by Senator Maziarz, Senate Print 4185, an
13 act to amend the Workers' Compensation Law, in
14 relation to the penalty for failure to post.
15 ACTING PRESIDENT MEIER: Senator
16 Onorato.
17 SENATOR ONORATO: Mr. President,
18 I believe we have an amendment at the desk. I
19 would waive its reading and have an
20 opportunity to explain the amendment.
21 ACTING PRESIDENT MEIER: Senator,
22 your amendment is at the desk. The reading is
23 waived, and you're recognized for the purpose
24 of explaining your amendment.
25 SENATOR ONORATO: Okay. Well,
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1 this is supposedly a hostile amendment, but I
2 really clarify it as a very friendly
3 amendment.
4 This amendment increases the
5 maximum amount of workers' compensation
6 benefits to $600 per week beginning October 1,
7 2005, and subsequently increases the benefits
8 to 100 percent of the state's average weekly
9 wage, and subsequently upon the commencement
10 of the next workers' compensation premium
11 billing cycle.
12 Each year some 135,000 workers in
13 New York State establish New York workers'
14 compensation claims because they are hurt or
15 become ill on the job. The impact of these
16 injuries and illnesses is devastating on the
17 workers and their families. They must face
18 hardships coping with their healing and
19 disability as well as the loss of income and
20 the dignity that working brings.
21 It has been 13 years since benefits
22 for workers injured on the job have been
23 increased. In 1992, the maximum benefit of
24 $400 was 66 percent of New York's average
25 weekly wage. Today, that same $400 maximum
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1 benefit, which just 3 percent of injured
2 workers collect, is only 44 percent of the
3 average weekly wage.
4 And while New Yorkers' maximum
5 weekly benefit is among the lowest in the
6 country, the cost of living in New York State
7 is among the highest in the country.
8 And according to the National
9 Association of Insurance Commissioners, the
10 average profit for workers' compensation to
11 insurance companies was 14.3 percent. Compare
12 that to the average profit margin on auto
13 insurance companies of 5.5 percent and
14 homeowner's insurance of 5.4 percent.
15 Clearly, the insurance industry is making an
16 adequate return on these policies.
17 Injured workers need these
18 increases. Tying the maximum workers' comp
19 award to the state's weekly average week wage
20 is a fair standard that would automatically
21 adjust the award without further recourse to
22 the Legislature.
23 And also, we have also been remiss
24 in some of our most seriously compromised
25 people who are on workers' compensation that
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1 haven't had a raise since they've been on
2 it -- in some cases, 20 to 25 years. We
3 certainly take care of our city and state and
4 federal workers with cost-of-living increases
5 to their pension benefits, but we completely
6 forget the most seriously injured in our
7 community, those who need the assistance the
8 most.
9 So I would urge everyone to support
10 this amendment.
11 Thank you, Mr. President.
12 ACTING PRESIDENT MEIER: Senator
13 Schneiderman.
14 SENATOR SCHNEIDERMAN: Thank you,
15 Mr. President. On the amendment.
16 I think it's appropriate today,
17 since we just honored a group of extraordinary
18 public servants, the firefighters, to
19 recognize the fact that what the working men
20 and women of this state need, as Senator
21 Onorato just pointed out -- it's nice to have
22 a resolution, but it's better to have good
23 pay, it's better to have a worker's
24 compensation law that will actually protect
25 you if you're injured on the job.
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1 And it's good to have pro-labor
2 bills like the permanent agency shop bill that
3 we urge the house to move on every year and
4 that unfortunately appears to be passing the
5 Assembly once again without action in this
6 house.
7 So I would urge everyone to support
8 this amendment and for us to make a commitment
9 not to adjourn this summer without addressing
10 the needs of New York State's working men and
11 women, including our public servants but also
12 those in the private sector who clearly cannot
13 support their families on the current workers'
14 compensation payment schedule.
15 Thanks to Senator Onorato for this
16 amendment. I encourage everyone to vote yes.
17 ACTING PRESIDENT MEIER: On the
18 amendment, those Senators in agreement please
19 signify by raising your hands.
20 THE SECRETARY: Those in
21 agreement with the amendment are Senators
22 Andrews, Breslin, Brown, Connor, Diaz, Dilan,
23 Duane, Gonzalez, Hassell-Thompson, Klein,
24 L. Krueger, C. Kruger, Montgomery, Onorato,
25 Oppenheimer, Parker, Paterson, Sabini,
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1 Sampson, Savino, Schneiderman, Serrano,
2 A. Smith, M. Smith, Stachowski, Stavisky and
3 Valesky.
4 ACTING PRESIDENT MEIER: The
5 amendment is not agreed to.
6 Any other member wish to speak on
7 the bill?
8 Debate is closed, then.
9 The Secretary will sound the bells.
10 Members are asked to come to the
11 chamber for a vote.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MEIER: Senator
19 DeFrancisco, to explain his vote.
20 SENATOR DeFRANCISCO: I'm voting
21 no.
22 And I really don't see the
23 rationale behind doubling the penalty for
24 failing to put a notice up. Many businesses
25 put many notices up in many locations. And
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1 because one or two is not there -- this is, I
2 think, an undue burden.
3 I think $250 is plenty of a
4 penalty, and there's other remedies that would
5 be much more effective in notifying workers of
6 their rights than doubling a fine.
7 ACTING PRESIDENT MEIER: Senator
8 DeFrancisco will be recorded in the negative.
9 Senator Alesi, to explain his vote.
10 SENATOR ALESI: Thank you, I'd
11 like to explain my vote as well.
12 Mr. President, with all respect to
13 the attempt to protect workers with workers'
14 compensation to make sure that they are
15 clearly advised that their employer in fact
16 carries the insurance, the requirement of $250
17 is sufficient, in my estimation. Especially
18 when we're trying to understand that in
19 New York State we want to attract business, we
20 want to preserve business. And doubling this
21 does really nothing except put money into the
22 uninsured fund, on the one hand.
23 But on the other hand, if you read
24 the bill, you'll see that this applies to
25 anybody that -- if they have a number of
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1 vehicles, that notices have to be posted in
2 the vehicles.
3 It would be extremely burdensome to
4 anybody that owns a fleet of vehicles, for
5 example, to find that a driver or somebody
6 else, a passenger or anybody, just ripped
7 something off of it and as a result of that
8 the owner of that business would have to pay
9 not just $250 per occurrence, but $500 per
10 occurrence.
11 I think it's almost reminiscent of
12 the radar-trap mentality of the Cuomo years.
13 And for that reason, if nothing else, I'm
14 voting no on this bill.
15 ACTING PRESIDENT MEIER: Senator
16 Alesi will be recorded in the negative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 684 are
21 Senators Alesi, DeFrancisco, Larkin, Meier,
22 Rath, Robach, Saland and Seward. Also Senator
23 Golden.
24 Ayes, 50. Nays, 9.
25 Absent from voting on Calendar
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1 Number 684, Senator Maltese.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 Senator Skelos, that completes the
5 controversial reading of the calendar.
6 SENATOR SKELOS: Thank you, Mr.
7 President.
8 Is there any further business to
9 come before the Senate?
10 ACTING PRESIDENT MEIER: There is
11 no further business at the desk, Senator.
12 SENATOR SKELOS: There being
13 none, I move we stand adjourned until
14 Wednesday, May 11th, at 11:00 a.m.
15 ACTING PRESIDENT MEIER: On
16 motion, the Senate stands adjourned until
17 Wednesday, May 11th, at 11:00 a.m.
18 (Whereupon, at 4:24 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25
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