Regular Session - May 23, 2005

                                                            2800



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 23, 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

        20

        21

        22

        23

        24

        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 Peter G. Young, from Blessed

        12       Sacrament Church in Bolton Landing, New York.

        13                  REVEREND YOUNG:    Let us pray.

        14                  Dear Lord, we ask Your presence and

        15       blessings on our time together in this

        16       chamber.  We have come together on how we can

        17       assist our citizens of New York State and the

        18       welfare of our community.  We learn from each

        19       other to grow in spirit and in character, to

        20       find Your will for our lives and for our

        21       neighborhoods.

        22                  We thank You for the opportunity in

        23       this country, in this Senate, to assemble

        24       ourselves at any time, at any place, to

        25       discuss our concerns as citizens.  We are



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         1       mindful that many in our world do not enjoy

         2       such freedom.

         3                  Grant us the wisdom to carry out

         4       our decisions with Your will.  Bless us as we

         5       continue to work and to conduct our business

         6       with dignity and sensitivity.

         7                  Amen.

         8                  THE PRESIDENT:    Reading of the

         9       Journal.

        10                  THE SECRETARY:    In Senate,

        11       Sunday, May 22, the Senate met pursuant to

        12       adjournment.  The Journal of Saturday, May 21,

        13       was read and approved.  On motion, Senate

        14       adjourned.

        15                  THE PRESIDENT:    Without

        16       objection, the Journal stands approved as

        17       read.

        18                  Presentation of petitions.

        19                  Messages from the Assembly.

        20                  Messages from the Governor.

        21                  Report of standing committees.

        22                  Reports of select committees.

        23                  Communications and reports from

        24       state officers.

        25                  Motions and resolutions.



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         1                  Senator Fuschillo.

         2                  SENATOR FUSCHILLO:    Thank you,

         3       Madam President.

         4                  On behalf of Senator Larkin, I wish

         5       to call up Calendar Number 587, Assembly Print

         6       Number 5939.

         7                  THE PRESIDENT:    The Secretary

         8       will read.

         9                  THE SECRETARY:    Calendar Number

        10       587, by Member of the Assembly Towns, Assembly

        11       Print Number 5939, an act to amend the General

        12       Business Law.

        13                  SENATOR FUSCHILLO:    I now move to

        14       reconsider the vote by which this Assembly

        15       bill was substituted for Senate Print Number

        16       2474 on April 20th.

        17                  THE PRESIDENT:    The Secretary

        18       will call the roll upon reconsideration.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 37.

        21                  SENATOR FUSCHILLO:    I now move

        22       that Assembly Bill Number 5939 be recommitted

        23       to the Committee on Cities and the Senate bill

        24       be restored to the order of Third Reading

        25       Calendar.



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         1                  THE PRESIDENT:    So ordered.

         2                  SENATOR FUSCHILLO:    I now offer

         3       the following amendments.

         4                  THE PRESIDENT:    The amendments

         5       are received.

         6                  SENATOR FUSCHILLO:    On behalf of

         7       Senator Golden, I wish to call up Calendar

         8       Number 677, Assembly Print Number 6878.

         9                  THE PRESIDENT:    The Secretary

        10       will read.

        11                  THE SECRETARY:    Calendar Number

        12       677, by Member of the Assembly Lopez, Assembly

        13       Print Number 6878, an act to amend the Real

        14       Property Tax Law.

        15                  SENATOR FUSCHILLO:    I now move to

        16       reconsider the vote by which the Assembly bill

        17       was substituted for Senate Print Number 3977

        18       on May 3rd.

        19                  THE PRESIDENT:    The Secretary

        20       will call the roll upon reconsideration.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 37.

        23                  SENATOR FUSCHILLO:    I now move

        24       that Assembly Bill 6878 be recommitted to the

        25       Committee on Housing, Construction and



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         1       Community Development, and the Senate bill be

         2       restored to the order of Third Reading

         3       Calendar.

         4                  THE PRESIDENT:    So ordered.

         5                  SENATOR FUSCHILLO:    I now offer

         6       the following amendments.

         7                  THE PRESIDENT:    The amendments

         8       are received.

         9                  SENATOR FUSCHILLO:    Madam

        10       President, amendments are offered to the

        11       following Third Reading Calendar bills:

        12                  Page number 43, Calendar Number

        13       612, Senate Print 2223;

        14                  On behalf of Senator Padavan, on

        15       page 44, Calendar Number 637, Print Number

        16       2721;

        17                  On behalf of Senator Leibell, on

        18       page number 55, Calendar Number 788, Senate

        19       Print 4762;

        20                  On behalf of Senator Volker, page

        21       number 66, Calendar Number 898, Senate Print

        22       Number 4343;

        23                  On behalf of Senator Robach, page

        24       number 67, Calendar Number 913, Senate Print

        25       Number 4400;



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         1                  On behalf of Senator LaValle, page

         2       number 73, Calendar Number 969, Senate Print

         3       Number 4333;

         4                  On behalf of Senator Meier, page

         5       number 59, Calendar Number 826, Senate Print

         6       Number 3158A.

         7                  THE PRESIDENT:    The amendments

         8       are received, Senator.

         9                  SENATOR FUSCHILLO:    I now move

        10       that these bills retain their place on the

        11       order of Third Reading Calendar.

        12                  THE PRESIDENT:    So ordered.

        13                  SENATOR FUSCHILLO:    Thank you.

        14                  THE PRESIDENT:    You're welcome,

        15       Senator.

        16                  Senator Skelos.

        17                  SENATOR SKELOS:    Madam President,

        18       there are two resolutions at the desk.  I ask

        19       that the titles be read and move for their

        20       immediate adoption.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    By Senator

        24       Leibell, Legislative Resolution Number 1962,

        25       honoring Donald Long upon the occasion of his



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         1       designation as the Circolo da Vinci

         2       Italian-American Organization's 2005 Person of

         3       the Year on May 25, 2005.

         4                  And by Senator Leibell, Legislative

         5       Resolution Number 2008, honoring Isabelle Toub

         6       upon the occasion of her retirement after

         7       30 years of dedicated service to the Putnam

         8       County District Attorney's Office.

         9                  THE PRESIDENT:    On the

        10       resolutions, all in favor please signify by

        11       saying aye.

        12                  (Response of "Aye.")

        13                  THE PRESIDENT:    Opposed, nay.

        14                  (No response.)

        15                  THE PRESIDENT:    The resolutions

        16       are adopted.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Madam President,

        19       if we could go to the noncontroversial reading

        20       of the calendar.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    Calendar Number

        24       128, by Senator Padavan, Senate Print 403, an

        25       act to amend the Administrative Procedure Act,



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         1       in relation to denial.

         2                  SENATOR SCHNEIDERMAN:    Lay it

         3       aside.

         4                  THE PRESIDENT:    The bill is laid

         5       aside.

         6                  THE SECRETARY:    Calendar Number

         7       182, by Senator Maltese, Senate Print 1156, an

         8       act to amend Labor Law and the Education Law,

         9       in relation to prohibiting public

        10       universities.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 7.  This

        14       act shall take effect immediately.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 43.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       298, by Senator Farley, Senate Print 2859, an

        22       act to amend the Banking Law, in relation to

        23       the requirement for licensure.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect on the first of January.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 45.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       299, by Senator Farley, Senate Print 2860, an

        10       act to amend the Banking Law, in relation to

        11       enforcement.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 45.

        19                  THE PRESIDENT:    The bill is

        20       passed.

        21                  THE SECRETARY:    Calendar Number

        22       368, by Senator Libous, Senate Print 3421, an

        23       act to amend the Vehicle and Traffic Law, in

        24       relation to driving while intoxicated.

        25                  THE PRESIDENT:    Read the last



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         1       section.

         2                  THE SECRETARY:    Section 45.  This

         3       act shall take effect immediately.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 47.  Nays,

         7       2.  Senators Duane and Montgomery recorded in

         8       the negative.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       474, by Senator Marcellino, Senate Print 665,

        13       an act to amend the Vehicle and Traffic Law,

        14       in relation to increasing the parameters.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the first of

        19       November.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE PRESIDENT:    Senator

        23       DeFrancisco, to explain your vote.

        24                  SENATOR DeFRANCISCO:    Yes,

        25       please.



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         1                  I think that it's important to do

         2       all we can to keep our roads safe from people

         3       who are going to be either intoxicated by

         4       alcohol or drugs.

         5                  But I think this bill -- and the

         6       only reason I'm voting no is that this bill

         7       provides an unreasonable standard by which the

         8       police officer I don't think could possibly

         9       ever be able to adhere to in stopping someone,

        10       because it talks about no person shall operate

        11       a motor vehicle while the person's ability to

        12       operate the vehicle is affected to any extent.

        13                  So I don't know how that would be

        14       interpreted.  I don't know what objective

        15       evidence you could show that -- it's just too

        16       broad and too vague, and I think it would be

        17       unenforceable.

        18                  So I'm going to vote no on it.

        19                  THE PRESIDENT:    Senator

        20       DeFrancisco, you will be recorded as voting in

        21       the negative.

        22                  The Secretary will announce the

        23       results.

        24                  THE SECRETARY:    Ayes, 50.  Nays,

        25       2.  Senators DeFrancisco and Montgomery



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         1       recorded in the negative.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       480, by Senator Alesi, Senate Print 2272, an

         6       act to amend the Vehicle and Traffic Law, in

         7       relation to additional penalties.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       November.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 51.  Nays,

        16       1.  Senator Montgomery recorded in the

        17       negative.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       481, by Senator Young, Senate Print 2285, an

        22       act to amend the Vehicle and Traffic Law, in

        23       relation to providing.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect on the same date and in

         3       the same manner as Section 2 of Chapter 673.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 51.  Nays,

         7       1.  Senator Duane recorded in the negative.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Excuse me.  Ayes,

        11       50.  Nays, 2.  Senators Duane and Montgomery

        12       recorded in the negative.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       483, by Senator LaValle, Senate Print 2450, an

        17       act to amend the Vehicle and Traffic Law, in

        18       relation to increasing.

        19                  THE PRESIDENT:    Read the last

        20       section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect on the first of

        23       November.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 52.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       514, by Senator Spano, Senate Print 3378, an

         6       act to amend the Tax Law, in relation to

         7       creating a direct payment permit.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 12.  This

        11       act shall take effect immediately.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 52.

        15                  THE PRESIDENT:    The bill is

        16       passed.

        17                  THE SECRETARY:    Calendar Number

        18       548, by Senator LaValle, Senate Print 37 --

        19                  SENATOR BRUNO:    Lay it aside for

        20       the day.

        21                  THE PRESIDENT:    The bill is laid

        22       aside for the day.

        23                  THE SECRETARY:    Calendar Number

        24       606, by Member of the Assembly Sweeney,

        25       Assembly Print Number 3981, an act in relation



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         1       to redistributing 2004 bond volume

         2       allocations.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 52.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       633, by Senator Maziarz, Senate Print 203, an

        14       act to amend the Vehicle and Traffic Law, in

        15       relation to increasing penalties.

        16                  THE PRESIDENT:    Read the last

        17       section.

        18                  THE SECRETARY:    Section 4.  This

        19       act shall take effect on the first of

        20       November.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 51.  Nays,

        24       1.  Senator Montgomery recorded in the

        25       negative.



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         1                  THE PRESIDENT:    The bill is

         2       passed.

         3                  THE SECRETARY:    Calendar Number

         4       636, by Senator Alesi, Senate Print 2273, an

         5       act to amend the Vehicle and Traffic Law, in

         6       relation to extending.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the first of

        11       November.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 50.  Nays,

        15       2.  Senators DeFrancisco and Sabini recorded

        16       in the negative.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       671, by Senator Little, Senate Print 3846, an

        21       act to amend the General Municipal Law, in

        22       relation to taking of billboards.

        23                  THE PRESIDENT:    Read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  THE PRESIDENT:    Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 51.  Nays,

         5       1.  Senator Duane recorded in the negative.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  Senator Bruno.

         9                  SENATOR BRUNO:    Madam President,

        10       thank you.

        11                  With your indulgence and the

        12       indulgence of my colleagues here in the

        13       Senate, I would like to just interrupt and

        14       pause here in our important deliberations to

        15       acknowledge and recognize one of our

        16       colleagues here in the chamber, Senator John

        17       J. Marchi, who celebrated his 84th birthday

        18       last Friday.

        19                  (Standing ovation.)

        20                  SENATOR BRUNO:    Thank you.  And,

        21       see, Senator Marchi brings people to their

        22       feet constantly and continually.

        23                  And Senator Paterson had the good

        24       planning to plan his birthday on exactly the

        25       same day.  So happy birthday to Senator



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         1       Paterson, May 20th.

         2                  (Standing ovation.)

         3                  SENATOR BRUNO:    Now, Madam

         4       President, when Senator Paterson has been here

         5       serving, as Senator Marchi is, the

         6       longest-serving legislator in the entire

         7       United States of America as he sits here, in

         8       any legislative body.

         9                  Now, you think about that, with all

        10       of us that think that we have some seniority

        11       in this place.  This is the senior man in the

        12       United States legislatures.

        13                  And he is committed, dedicated,

        14       just a public servant who personifies the

        15       words.  We say that, Billy, but we mean it.

        16       He is a public servant.  And he is a role

        17       model to you and to Senator Farley, certainly

        18       to Senator Paterson, and Senator Smith, and to

        19       me.

        20                  And, John, we're indebted to you

        21       for that.

        22                  Now -- and Senator Diaz.  Of course

        23       Senator Diaz.

        24                  And what you don't know, probably,

        25       many of you, is that John was always a



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         1       fighter, always a fighter.  Light heavyweight

         2       boxer in his youth, and he still is ready to

         3       go four or five rounds at the drop of a hat.

         4                  He has focused on educational

         5       issues from pre-K up through higher ed.  He

         6       has done more things than we have time to

         7       relate in terms of his career.

         8                  Do you know, Friday, to the

         9       administration's credit, they inaugurated the

        10       maiden voyage of the ferry going from the

        11       Island to the city, the John J. Marchi Ferry.

        12       Which is --

        13                  (Applause.)

        14                  SENATOR BRUNO:    -- to anyone's

        15       knowledge, the first time ever in the country

        16       that such a dedication that taken place.

        17                  Now, John, that is a singular

        18       honor.

        19                  And not just here in this state,

        20       not just in the country, but in Italy John got

        21       the Commander of Merit award for distinguished

        22       service, the highest award that they give in

        23       the Republic of Italy to any individual that

        24       is not a citizen in Italy in the world.

        25                  And there aren't too many people



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         1       that have been recognized in that way.  I'm

         2       still waiting for a call.

         3                  (Laughter.)

         4                  SENATOR BRUNO:    But, John, you --

         5       well, so is Senator Spano.  So is Senator

         6       Fuschillo.  When you have -- Senator Balboni

         7       is still striving.  Senator LaValle.  I know

         8       George Onorato.  Okay?

         9                  But, John, I'm on my feet really to

        10       say thank you.  Thank you for your friendship.

        11       Thanks for being a colleague to everyone here

        12       in this chamber.

        13                  And we're not going to go on; I

        14       know Senator Paterson has an observation and

        15       some comments that he would like to make.

        16                  And, Madam President, I would ask

        17       that he be recognized with all of your

        18       indulgence here, because we really, we have a

        19       giant here in this chamber in the presence of

        20       Senator Marchi.

        21                  And happy birthday, literally,

        22       John, on your 84th, and we look forward to the

        23       next 84 with you.

        24                  THE PRESIDENT:    Senator Paterson.

        25                  SENATOR PATERSON:    Thank you,



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         1       Madam President.

         2                  For some of you who may work here

         3       or even some of you who are new in terms of

         4       your service to the chamber, you should know

         5       that Senator Marchi has served with

         6       distinction here since 1956.

         7                  And in 1969 he was the -- he was a

         8       candidate for mayor of the City of New York,

         9       and many Democrats, including Democrats in our

        10       Democratic family, voted for Senator Marchi.

        11                  And it has to do with his belief in

        12       government and his belief in people, his

        13       ability to look at issues 10 and 20 years

        14       before other people did.

        15                  When I came here in the end of

        16       1985, the beginning of 1986, at the time he

        17       was the chair of the Senate Finance Committee.

        18       And I remember once an incident, seriously,

        19       where we were debating the pension funds that

        20       were invested in South Africa from New York

        21       State's pension funds.

        22                  And Senator Marchi got up and he

        23       said that they had polled black South Africans

        24       and that 25 percent of them believed that the

        25       apartheid system as it stood should be



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         1       overthrown, and 75 percent supported it.

         2                  And I got up behind him and I said

         3       that in South Africa it is actually illegal to

         4       take a public stand against the government, so

         5       I'd like to find out who those 25 percent were

         6       who said that and give them a special

         7       commendation for the risks that they took.

         8                  At the end of the session I came

         9       outside the door right here, and I saw Senator

        10       Marchi standing there.  And of course he's

        11       been a family friend of ours for a number of

        12       years, and I knew I had said something and I

        13       knew I was in big trouble.

        14                  And Senator Marchi said to me:  "I

        15       wasn't aware of that ordinance in South

        16       Africa.  You're absolutely right, and in my

        17       debate I'll never use it again."

        18                  And I can't say that that's

        19       happened any other time that I've served here.

        20       But then again, maybe that's the only good

        21       point that I've made since I've been here.

        22                  (Laughter.)

        23                  SENATOR PATERSON:    The reality is

        24       that his long-term service is only exceeded by

        25       his outstanding character.  He has always put



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         1       his truths above all other issues and all

         2       other things.  He's gone forward whether

         3       people agreed with him or not, with his

         4       integrity as his only banner.

         5                  And that is how I honor Senator

         6       Marchi, who I'm privileged enough to be born

         7       on the same day, a little -- a few years

         8       later.

         9                  But I would suggest that I'm happy

        10       as well because if they can name a stadium for

        11       Senator Bruno and a ship for Senator Marchi, I

        12       like that they have my name on a parking space

        13       here in Albany.

        14                  Thank you.

        15                  (Applause.)

        16                  THE PRESIDENT:    Senator Marchi.

        17                  SENATOR MARCHI:    Well, I -- no

        18       one has ever accused me of being without a

        19       word.  But I am genuinely moved.

        20                  The reason I'm back here, of

        21       course, is found in the presence of each and

        22       every one of you right around this chamber,

        23       all of you.

        24                  Joe Bruno, of course, has been a

        25       dear friend.  Well, he was a light heavyweight



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         1       himself, and we compared notes.  I would

         2       hardly care to match my fists now with him.

         3                  And -- but I really, really

         4       treasure every single moment.  And you, Dave,

         5       over there, you -- I -- your family.  I mean,

         6       this goes back family-wise before you, those

         7       ahead of you.  These have all been friends of

         8       mine.

         9                  And you [to President], well,

        10       you're such a wonderful person to look at.

        11                  (Laughter.)

        12                  SENATOR MARCHI:    I have an

        13       advantaged place here.  I say this in the

        14       presence of my wife up there.

        15                  But in any event, I am very -- very

        16       grateful, very grateful for the companionship

        17       of the people that I have found here.  Never

        18       once have I ever been disappointed.  Never

        19       once.  You've all been generous.  You've all

        20       been very kind.  You're all productive.  You

        21       all have something to say of great value.

        22                  And this is something which serves

        23       you in good stead, because without it you

        24       would not have -- you would have an echo

        25       chamber in any other circumstance.  But you



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         1       don't have it here.  We don't have an echo

         2       chamber.  We have people who are human and who

         3       will react, and react in very eloquent and

         4       very fruitful ways.

         5                  So I don't want to outrun my

         6       presence here.  I'm very, very -- very moved

         7       by what has taken place.  And it can't go on

         8       much longer, but it's been very, very sweet

         9       right straight through.

        10                  And I say God bless all of you,

        11       each and everybody within the range of my

        12       voice and vision.  Because you have been so

        13       generous, so kind.  And I always felt that was

        14       the dominant sentiment of this chamber.

        15                  Don't ever lose it, because it

        16       reinforces all of you.  And it should, because

        17       you are -- you enrich this state by your

        18       presence here.

        19                  So thanks, thanks so much.

        20                  (Standing ovation.)

        21                  THE PRESIDENT:    The Secretary

        22       will continue to read.

        23                  THE SECRETARY:    Calendar Number

        24       699, by Senator Fuschillo, Senate Print 4888A,

        25       an act to amend the General Business Law, in



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         1       relation to requiring.

         2                  THE PRESIDENT:    Read the last

         3       section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the first of

         6       September.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 57.  Nays,

        10       1.  Senator Meier recorded in the negative.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  THE SECRETARY:    Calendar Number

        14       721, by Senator Flanagan, Senate Print 2807,

        15       an act to amend the Penal Law, in relation to

        16       definitions.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect on the first of

        21       November.

        22                  ACTING PRESIDENT MEIER:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 57.  Nays,



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         1       1.  Senator Montgomery recorded in the

         2       negative.

         3                  ACTING PRESIDENT MEIER:    The bill

         4       is passed.

         5                  THE SECRETARY:    Calendar Number

         6       725, by Senator Golden, Senate Print 3433, an

         7       act to amend the Penal Law, in relation to

         8       endangering the welfare of a child.

         9                  ACTING PRESIDENT MEIER:    Read the

        10       last section.

        11                  THE SECRETARY:    Section 6.  This

        12       act shall take effect on the first of

        13       November.

        14                  ACTING PRESIDENT MEIER:    Call the

        15       roll.

        16                  (The Secretary called the roll.)

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Hassell-Thompson, to explain her vote.

        19                  SENATOR HASSELL-THOMPSON:    Yes,

        20       thank you, Mr. President.

        21                  Senator Golden is to be commended.

        22       We have been struggling tremendously in this

        23       session, and for the last three years, to try

        24       to put together a series of child protective

        25       bills.  And this particular piece is what I



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         1       consider to be the hallmark of all of the

         2       sexual assault bills that we have together

         3       tried to pass.

         4                  I want to commend him, and I thank

         5       him for his generosity also in attempting to

         6       include me on the -- as a cosponsor of this

         7       particular bill, something that doesn't happen

         8       often enough in these chambers.

         9                  But I want to publicly thank him

        10       for his efforts and certainly for the

        11       legislative initiatives that he has attempted

        12       to put forward.

        13                  I will be voting yes.

        14                  ACTING PRESIDENT MEIER:    Senator

        15       Hassell-Thompson will be recorded in the

        16       affirmative.

        17                  The Secretary will announce the

        18       results.

        19                  THE SECRETARY:    Ayes, 57.  Nays,

        20       1.  Senator Montgomery recorded in the

        21       negative.

        22                  ACTING PRESIDENT MEIER:    The bill

        23       is passed.

        24                  THE SECRETARY:    Calendar Number

        25       734, by Senator Nozzolio, Senate Print 2286,



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         1       an act to amend the Vehicle and Traffic Law,

         2       in relation to the application.

         3                  ACTING PRESIDENT MEIER:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the 30th day.

         7                  ACTING PRESIDENT MEIER:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 58.

        11                  ACTING PRESIDENT MEIER:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       739, by Senator Nozzolio, Senate Print 4015,

        15       an act to amend the Highway Law, in relation

        16       to designating.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 3.  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, 58.

        25                  ACTING PRESIDENT MEIER:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       778, by Senator Little, Senate Print 4012, an

         4       act to amend the Tax Law, in relation to

         5       extending.

         6                  ACTING PRESIDENT MEIER:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 3.  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, 58.

        14                  ACTING PRESIDENT MEIER:    The bill

        15       is passed.

        16                  THE SECRETARY:    Calendar Number

        17       843, by Senator Flanagan, Senate Print 2152,

        18       an act to authorize the State University of

        19       New York to lease and contract.

        20                  ACTING PRESIDENT MEIER:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 4.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MEIER:    Call the

        25       roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 56.  Nays,

         3       2.  Senators Maziarz and Spano recorded in the

         4       negative.

         5                  ACTING PRESIDENT MEIER:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       858, by Senator Trunzo, Senate Print 143, an

         9       act to amend the Real Property Law, in

        10       relation to the failure.

        11                  ACTING PRESIDENT MEIER:    Read the

        12       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                  THE SECRETARY:    Ayes, 58.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  THE SECRETARY:    Calendar Number

        22       864, by Senator Skelos, Senate Print 4381, an

        23       act to amend the Uniform Commercial Code, in

        24       relation to conversion.

        25                  ACTING PRESIDENT MEIER:    Read the



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         1       last section.

         2                  THE SECRETARY:    Section 3.  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, 56.  Nays,

         8       2.  Senators Connor and Duane recorded in the

         9       negative.

        10                  ACTING PRESIDENT MEIER:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       934, by Senator Little, Senate Print 1050, an

        14       act to amend the County Law, in relation to

        15       authorizing wireless.

        16                  ACTING PRESIDENT MEIER:    There is

        17       a local fiscal impact note at the desk.

        18                  Read the 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, 58.

        25                  ACTING PRESIDENT MEIER:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       938, by Senator Saland, Senate Print 2512, an

         4       act to amend the County Law, in relation to

         5       wireless communications.

         6                  ACTING PRESIDENT MEIER:    There is

         7       a local fiscal impact note at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MEIER:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 58.

        15                  ACTING PRESIDENT MEIER:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       939, by Senator Balboni, Senate Print 2967A,

        19       an act authorizing the assessor of the County

        20       of Nassau to accept an application.

        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, 57.  Nays,

         4       1.  Senator Bonacic recorded in the negative.

         5                  ACTING PRESIDENT MEIER:    The bill

         6       is passed.

         7                  THE SECRETARY:    Calendar Number

         8       941, by Member of the Assembly Errigo,

         9       Assembly Print Number 6853, an act to amend

        10       the Village Law and the Public Officers Law,

        11       in relation to residency.

        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, 58.

        20                  ACTING PRESIDENT MEIER:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       943, by Senator Farley, Senate Print 4029, an

        24       act to authorize the County of Schenectady to

        25       issue.



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         1                  ACTING PRESIDENT MEIER:    There is

         2       a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 6.  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, 58.

        10                  ACTING PRESIDENT MEIER:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       944, by Senator Fuschillo, Senate Print 4087,

        14       an act authorizing the Bethel Christian Church

        15       to file.

        16                  ACTING PRESIDENT MEIER:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MEIER:    Call the

        21       roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 57.  Nays,

        24       1.  Senator Bonacic recorded in the negative.

        25                  ACTING PRESIDENT MEIER:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       946, by Senator Trunzo, Senate Print 4140, an

         4       act authorizing the assessor of the Town of

         5       Islip.

         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, 57.  Nays,

        14       1.  Senator Bonacic recorded in the negative.

        15                  ACTING PRESIDENT MEIER:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       949, by Senator Skelos, Senate Print 4517, an

        19       act to authorize Young Israel of Hewlett.

        20                  ACTING PRESIDENT MEIER:    Read the

        21       last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MEIER:    Call the

        25       roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.  Nays,

         3       1.  Senator Bonacic recorded in the negative.

         4                  ACTING PRESIDENT MEIER:    The bill

         5       is passed.

         6                  Senator Skelos, that completes the

         7       noncontroversial reading of the calendar.

         8                  SENATOR SKELOS:    Thank you, Mr.

         9       President.  If we could go to the

        10       controversial reading.

        11                  ACTING PRESIDENT MEIER:    The

        12       Secretary will ring the bells.

        13                  The Secretary will conduct the

        14       controversial reading of the calendar.

        15                  THE SECRETARY:    Calendar Number

        16       128, by Senator Padavan, Senate Print 403, an

        17       act to amend the Administrative Procedure Act,

        18       in relation to denial, suspension and

        19       revocation.

        20                  SENATOR SCHNEIDERMAN:

        21       Explanation.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Padavan, Senator Schneiderman has requested an

        24       explanation.

        25                  SENATOR PADAVAN:    Senator



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         1       Schneiderman, your memory is much better than

         2       you give yourself credit for.  You asked me

         3       that same question last year.  You expect a

         4       different explanation?

         5                  SENATOR SCHNEIDERMAN:    You never

         6       know.

         7                  SENATOR PADAVAN:    No, that's all

         8       right, it's a rhetorical question.

         9                  Mr. President, this bill, which I

        10       just indicated we have discussed on several

        11       other occasions, would provide for the

        12       suspension or revocation of a license issued

        13       by any state agency for a period of not

        14       greater than five years, permissively, on the

        15       basis of two violations of federal law dealing

        16       with the hiring of unauthorized aliens.

        17                  Simply put, if some company in this

        18       state that has a license, or an individual,

        19       who has violated federal law, found guilty of

        20       a very serious crime of knowingly -- and I

        21       underline the word "knowingly" -- hiring an

        22       illegal alien, a state agency that licenses

        23       that entity may revoke or suspend that license

        24       and, in so doing, cannot do it for any more

        25       than five years.



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         1                  That's what this bill does.  I

         2       think the reasons are obvious.  We can't have

         3       licenses in this state to companies who are in

         4       all kinds of activities, hundreds of different

         5       licenses, some in very sensitive areas,

         6       critical areas -- we can't have people running

         7       those companies with a state license

         8       knowingly, repetitively violating federal law,

         9       having been found guilty of hiring illegal

        10       aliens.

        11                  ACTING PRESIDENT MEIER:    Senator

        12       Schneiderman.

        13                  SENATOR SCHNEIDERMAN:    Thank you.

        14       Through you, Mr. President, if the sponsor

        15       would yield for a few brief questions.

        16                  ACTING PRESIDENT MEIER:    Senator

        17       Padavan, do you yield for a question?

        18                  SENATOR PADAVAN:    Yes.

        19                  ACTING PRESIDENT MEIER:    The

        20       sponsor yields.

        21                  SENATOR SCHNEIDERMAN:    Is the

        22       requirement that this be an intentional

        23       violation of the law anywhere in this statute?

        24       Because I don't see it.

        25                  SENATOR PADAVAN:    The federal



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         1       statute that we referred to in the body of the

         2       bill is a statute that indicates knowingly.

         3       Meaning that a company knowingly hired an

         4       illegal alien, has been found guilty of

         5       knowingly hiring an illegal alien.

         6                  SENATOR SCHNEIDERMAN:    Through

         7       you, Mr. President, if the sponsor would

         8       continue to yield.

         9                  ACTING PRESIDENT MEIER:    Senator

        10       Padavan, do you continue to yield?

        11                  SENATOR PADAVAN:    Yes.

        12                  ACTING PRESIDENT MEIER:    The

        13       sponsor yields.

        14                  SENATOR SCHNEIDERMAN:    But my

        15       understanding of the federal law is that there

        16       are various ways you can prove -- you can meet

        17       the evidentiary standard for these federal

        18       statutes, including a pattern; that there's

        19       not actually a requirement, as the sponsor is

        20       implying, that someone actually admit on the

        21       stand "Yes, I knew it and I did it anyway."

        22                  Is it not the case that under these

        23       federal statutes you can find violations

        24       through proof other than someone admitting

        25       that they knowingly violated the law?



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         1                  SENATOR PADAVAN:    Whether someone

         2       admitted that they violated the law or not is

         3       irrelevant.  They were found guilty of

         4       violating the law.

         5                  And the law specifically refers to

         6       knowingly hiring an illegal alien.  That's

         7       federal statute.  And it's referred to in the

         8       bill by section.

         9                  SENATOR SCHNEIDERMAN:    Thank you.

        10       Through you, Mr. President -- or, actually, on

        11       the bill.

        12                  Thank the sponsor for his answers.

        13       Even better than last year's.

        14                  ACTING PRESIDENT MEIER:    Senator

        15       Schneiderman, on the bill.

        16                  SENATOR SCHNEIDERMAN:    But the

        17       reason we ask for explanations and we continue

        18       to inquire into one-house bills that we see

        19       over and over again is because sometimes there

        20       is a hope that we may learn from the debate in

        21       a previous year and make some modifications.

        22                  The reason that many of us have a

        23       problem with this bill is very simple.  And

        24       there are really two reasons.  Some of us

        25       disagree with the whole thrust of the



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         1       legislation, that this is essentially a

         2       punitive measure intended to make life more

         3       difficult for immigrants who are here who

         4       don't have papers, who are trying to work and

         5       support their families.  Some people have an

         6       issue with that; some people think they

         7       shouldn't be here.

         8                  But the second reason that many of

         9       us oppose this bill is that this is -- even if

        10       you agree that we should take all steps

        11       necessary to stop these people from working

        12       and supporting their families, this

        13       legislation is about as uneven and irrational

        14       an approach as you can take.

        15                  What this legislation does is says

        16       that any agency may deny, suspend or revoke a

        17       license.  So one agency might decide we're

        18       going to suspend people's licenses, and the

        19       next agency may say, Ah, we're not going to.

        20                  You may have dry cleaners under

        21       investigation -- because keep in mind, this is

        22       New York State.  We license everything.  You

        23       want to run a motion picture projector?  You

        24       need a license.  You know, the vestiges of the

        25       big government eras here still have to fade.



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         1                  So state agencies in New York

         2       really can go after pretty much any type of

         3       small business -- or not.  They can go after

         4       one business for reasons that are not required

         5       to be stated, and the business next door they

         6       may leave alone.

         7                  So this is a bill guaranteed to

         8       produce an arbitrary system where some people

         9       are being prosecuted, some people are having

        10       their licenses suspended, and some people

        11       aren't.

        12                  Second of all, I realize that the

        13       language of the federal statute suggests that

        14       this should be a knowing violation, but there

        15       is no requirement of proof that this be a

        16       knowing violation.

        17                  What we're talking about here is a

        18       small business that within a five-year period

        19       may have hired two individuals who did not

        20       have working papers.  And that business at any

        21       time could be prosecuted by an agency and lose

        22       its license, or maybe it won't be.  That's the

        23       system that would be set up under this

        24       legislation.

        25                  So I respectfully submit that even



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         1       if you appreciate and agree with the goal of

         2       the bill, this is not a workable system.  This

         3       is not a fair system.  This is not going to

         4       produce any sort of rational approach by the

         5       agencies of the State of New York to dealing

         6       with this issue.

         7                  So I would suggest that perhaps,

         8       before we visit this bill again, some editing

         9       is required.

        10                  And I also suggest that this

        11       legislation really runs against, goes against

        12       the grain of what I think is an emerging sense

        13       in this country that we have to have a

        14       different approach to the millions of illegal

        15       immigrants working among us, serving with us

        16       that we interact with every day, other than

        17       just trying to get rid of them.  That's not

        18       going to work.  President Bush recognizes

        19       that's not going to work.

        20                  The struggle that we're going

        21       through now over the question of the Real ID

        22       Act that was passed by the federal government

        23       reflects this same issue.

        24                  But I would suggest that the

        25       approach that we end up taking, that we must



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         1       take is that we have to come to some

         2       accommodation with the reality that we depend

         3       on illegal immigrants in this country for

         4       many, many things.  They're here, they're not

         5       going away.

         6                  As with the Real ID Act, I think

         7       it's a mistake to make the Department of Motor

         8       Vehicles responsible for enforcing the

         9       immigration laws.

        10                  This legislation we're voting on

        11       today would make every small business in the

        12       state responsible for enforcing the

        13       immigration laws.  And I respectfully submit

        14       that that is not, whether you're looking at it

        15       from a human rights point of view or a

        16       pro-business point of view, the kind of law we

        17       should be passing.

        18                  So I will be voting no once again.

        19       And I look forward to having a conversation

        20       hopefully next year about a modified bill.

        21                  And once again, though, I

        22       appreciate Senator Padavan's bringing the

        23       important issues of immigrants' rights to the

        24       attention of the house.

        25                  Thank you.



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         1                  ACTING PRESIDENT MEIER:    Any

         2       other Senator wish to be heard on the bill?

         3                  Senator Padavan.

         4                  SENATOR PADAVAN:    Briefly, Mr.

         5       President.  I don't want to exacerbate this

         6       thing.

         7                  Several things that Senator

         8       Schneiderman said are just factually

         9       incorrect.

        10                  The bill says the suspension can't

        11       be any more than five years, not that the

        12       violation of federal law was within five

        13       years.  But it says, as far as the federal law

        14       is concerned, two or more violations.  A

        15       company knowingly was found guilty, convicted

        16       in a federal court of having violated federal

        17       statutes.

        18                  The second part of your statement

        19       was that they are now going to be made

        20       responsible to enforce federal law.  The fact

        21       is they are already.  You cannot knowingly

        22       hire an illegal alien and not be in violation

        23       of federal law.  That's your responsibility.

        24                  Now, let me say, in a broad sense,

        25       we have millions of people come to this



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         1       country every year as immigrants.  They come

         2       here legally, they come on visas, they come as

         3       students, they get green cards.  Many of them

         4       become citizens.  And that's simply great.

         5       That's what made this country what it is.

         6                  Your suggestion that people can

         7       come here illegally, be employed illegally,

         8       that company get a license to employ that

         9       individual indirectly and nothing should be

        10       done about it, just is somewhat akin to it

        11       being illogical.

        12                  SENATOR SCHNEIDERMAN:    Mr.

        13       President, will the sponsor yield for a

        14       question.

        15                  SENATOR PADAVAN:    No more

        16       questions.  Just take the vote.

        17                  SENATOR SCHNEIDERMAN:    No more

        18       questions.  Well --

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Schneiderman.

        21                  SENATOR SCHNEIDERMAN:    Thank you.

        22                  Just to respond briefly, I stand

        23       corrected.  This is even worse than I stated.

        24       There is no time limit for the two violations.

        25       This could be within an eight-year period, a



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         1       10-year period, a 12-year period.  So I

         2       appreciate Senator Padavan's calling that to

         3       our attention.

         4                  And I do think that on the

         5       fundamental issue we may have a disagreement

         6       over what the policies of our government

         7       should be towards the millions of undocumented

         8       immigrants here.  And that is a philosophical

         9       issue which we can debate.

        10                  I respectfully submit, however,

        11       that this piece of legislation, which does

        12       provide a penalty for businesses that don't

        13       inspect and go through the paperwork of every

        14       possible employee, is punitive in nature

        15       towards the businesses as well as towards the

        16       immigrants.  And I encourage everyone to vote

        17       no.

        18                  ACTING PRESIDENT MEIER:    Any

        19       other Senator wish to be heard on the bill?

        20                  Debate is closed, then.

        21                  The Secretary will ring the bells.

        22                  Members are asked to come to the

        23       chamber for a vote.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the first of

         2       November.

         3                  ACTING PRESIDENT MEIER:    Call the

         4       roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT MEIER:    Announce

         7       the results.

         8                  THE SECRETARY:    Those recorded in

         9       the negative on Calendar Number 128 are

        10       Senators Andrews, Connor, Diaz, Dilan, Duane,

        11       Hassell-Thompson, L. Krueger, C. Kruger,

        12       Montgomery, Paterson, Sabini, Savino,

        13       Schneiderman, Serrano, A. Smith and Stavisky.

        14       Also Senator M. Smith.

        15                  Ayes, 41.  Nays, 17.

        16                  Those Senators absent from voting

        17       on Calendar Number 128:  Senators Oppenheimer

        18       and Parker.

        19                  ACTING PRESIDENT MEIER:    The bill

        20       is passed.

        21                  Senator Skelos, that completes the

        22       controversial reading of the calendar.

        23                  SENATOR SKELOS:    Thank you, Mr.

        24       President.

        25                  Is there any further business?



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         1                  ACTING PRESIDENT MEIER:    We have

         2       a substitution, Senator.

         3                  SENATOR SKELOS:    If you could

         4       make it at this time.

         5                  ACTING PRESIDENT MEIER:    The

         6       Secretary will read the substitution.

         7                  THE SECRETARY:    On page 54,

         8       Senator Spano moves to discharge, from the

         9       Committee on Investigations and Government

        10       Operations, Assembly Bill Number 6328 and

        11       substitute it for the identical Senate Bill

        12       Number 3921, Third Reading Calendar 775.

        13                  ACTING PRESIDENT MEIER:

        14       Substitution ordered.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Mr. President,

        17       there being no further business to come before

        18       the Senate, I move we stand adjourned until

        19       Tuesday, May 24th, at 3:00 p.m.

        20                  ACTING PRESIDENT MEIER:    On

        21       motion, the Senate stands adjourned until

        22       Tuesday, May 24th, at 11:00 p.m.

        23                  Let's correct the record.  The

        24       Senate stands adjourned until tomorrow at

        25       3:00 p.m.



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         1                  (Whereupon, at 3:59 p.m., the

         2       Senate adjourned.)

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