Regular Session - April 3, 2006
1998
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 3, 2006
11 3:07 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: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Sunday, April 2, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 April 1, was read and approved. On motion,
20 Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Farley.
8 SENATOR FARLEY: Thank you, Madam
9 President.
10 On behalf of Senator Morahan, on
11 page 30 I offer the following amendments to
12 Calendar Number 596, Senate Print Number 6853,
13 and I ask that that bill retain its place on
14 the Third Reading Calendar.
15 THE PRESIDENT: The amendments
16 are received, and the bill will retain its
17 place on the Third Reading Calendar.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 I believe there's a substitution at the desk.
21 THE PRESIDENT: Yes, there is.
22 The Secretary will read.
23 THE SECRETARY: On page 24,
24 Senator Spano moves to discharge, from the
25 Committee on Corporations, Authorities and
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1 Commissions, Assembly Bill Number 9344A and
2 substitute it for the identical Senate Bill
3 Number 6004A, Third Reading Calendar 489.
4 ACTING PRESIDENT LITTLE: The
5 substitution is so ordered.
6 Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 there will be an immediate meeting of the
9 Rules Committee in the Majority Conference
10 Room.
11 ACTING PRESIDENT LITTLE: There
12 is an immediate meeting of the Rules Committee
13 in the Majority Conference Room.
14 Senator Skelos.
15 SENATOR SKELOS: Madam President,
16 if we could go to the noncontroversial reading
17 of the calendar.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 104, by Senator Larkin, Senate Print 61A, an
23 act to amend the Education Law, in relation to
24 suspending.
25 ACTING PRESIDENT LITTLE: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT LITTLE: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 43.
8 ACTING PRESIDENT LITTLE: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 284, by Senator Marcellino, Senate Print 654,
12 an act to amend the Labor Law, in relation to
13 waiting periods.
14 ACTING PRESIDENT LITTLE: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT LITTLE: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 45.
22 ACTING PRESIDENT LITTLE: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 383, by Senator Marcellino, Senate Print --
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1 SENATOR SPANO: Lay it aside
2 temporarily.
3 ACTING PRESIDENT LITTLE: The
4 bill is laid aside temporarily.
5 THE SECRETARY: Calendar Number
6 489, substituted earlier by Member of the
7 Assembly Brodsky, Assembly Print Number 9344A,
8 an act to amend Chapter 698 of the Laws of
9 1991 amending the Public Authorities Law.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT LITTLE: Senator
18 Duane, to explain your vote.
19 SENATOR DUANE: Thank you, Madam
20 President.
21 I'm going to vote in support of
22 this bill, which will allow the Dormitory
23 Authority to finance construction of
24 facilities such as the Hawthorne Country Day
25 School. And I'm positive that this
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1 construction will help the children who are
2 students or who use the Hawthorne Country Day
3 School, because obviously children deserve our
4 help.
5 That's why I'm so baffled that we
6 don't pass Timothy's Law, which, if it had
7 been in law, would have helped Timothy
8 O'Clair, who died because his family couldn't
9 afford mental health treatment.
10 And I don't understand why the
11 Senate is blocking passage of Timothy's Law,
12 but I'm going to vote yes on this anyway,
13 because it helps children. But let's really
14 help children and pass Timothy's Law.
15 I vote aye, Madam President.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 Senator Duane will be recorded in
19 the affirmative.
20 The Secretary will announce the
21 results.
22 THE SECRETARY: Ayes, 50.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 537, by Senator LaValle, Senate Print 2621, an
2 act in relation to granting the Wading River
3 Historical Society.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 52. Nays,
12 1. Senator Bonacic recorded in the negative.
13 ACTING PRESIDENT LITTLE: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 558, by Senator Volker, Senate Print 878 --
17 SENATOR SCHNEIDERMAN: Lay it
18 aside.
19 ACTING PRESIDENT LITTLE: The
20 bill is laid aside.
21 THE SECRETARY: Calendar Number
22 564, by Senator Farley, Senate Print 2159, an
23 act to amend the Civil Rights Law, in relation
24 to the confidentiality.
25 SENATOR SCHNEIDERMAN: Lay it
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1 aside temporarily.
2 ACTING PRESIDENT LITTLE: The
3 bill is laid aside temporarily.
4 THE SECRETARY: Calendar Number
5 568, by Senator Volker, Senate Print 3911, an
6 act to amend the Penal Law, in relation to
7 trespassing in a motor vehicle.
8 SENATOR SPANO: Lay it aside
9 temporarily.
10 ACTING PRESIDENT LITTLE: The
11 bill is laid aside temporarily.
12 THE SECRETARY: Calendar Number
13 620, by Senator LaValle, Senate Print 1552, an
14 act to amend the Correction Law, in relation
15 to requiring.
16 ACTING PRESIDENT LITTLE: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 53.
24 ACTING PRESIDENT LITTLE: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 621, by Senator Morahan, Senate Print 2385, an
3 act to amend the Executive Law, in relation to
4 requiring.
5 ACTING PRESIDENT LITTLE: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT LITTLE: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT LITTLE: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 622, by Senator Leibell, Senate Print 6934, an
17 act to amend the Correction Law, in relation
18 to making the offense of compelling
19 prostitution.
20 ACTING PRESIDENT LITTLE: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT LITTLE: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 Senator Spano, that completes the
6 reading of the noncontroversial calendar.
7 SENATOR SPANO: Can we just stand
8 at ease for a few moments awaiting the
9 completion of the Rules Committee.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 The Senate stands at ease.
13 (Whereupon, the Senate stood at
14 ease at 3:13 p.m.)
15 (Whereupon, the Senate reconvened
16 at 3:18 p.m.)
17 ACTING PRESIDENT LITTLE: Senator
18 Skelos.
19 SENATOR SKELOS: Madam President,
20 if we could return to the noncontroversial
21 calendar, I believe there were three bills
22 laid aside temporarily.
23 Could you please call up Calendar
24 Number 383.
25 ACTING PRESIDENT LITTLE: Thank
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1 you.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 383, by Senator Marcellino, Senate Print 671,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT LITTLE: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first of
10 November.
11 ACTING PRESIDENT LITTLE: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 53. Nays,
15 2. Senators Duane and Montgomery recorded in
16 the negative.
17 ACTING PRESIDENT LITTLE: The
18 bill is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 would you please call up Calendar Number 564
22 and then Calendar Number 568.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 564, by Senator Farley, Senate Print 2159, an
3 act to amend the Civil Rights Law, in relation
4 to the confidentiality.
5 ACTING PRESIDENT LITTLE: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT LITTLE: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55. Nays,
13 1. Senator Duane recorded in the negative.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 568, by Senator Volker, Senate Print 3911, an
18 act to amend the Penal Law, in relation to
19 trespassing.
20 ACTING PRESIDENT LITTLE: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 ACTING PRESIDENT LITTLE: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54. Nays,
4 2. Senators Duane and Montgomery recorded in
5 the negative.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 Senator Montgomery.
9 SENATOR MONTGOMERY: Yes, Madam
10 President. I was at an official meeting with
11 the Rules Committee when Calendar 622 was
12 passed, and I would like to be recorded in the
13 negative on that bill.
14 ACTING PRESIDENT LITTLE: The
15 Secretary will read the controversial section
16 of the calendar.
17 THE SECRETARY: Calendar Number
18 558, by Senator Volker, Senate Print 878, an
19 act to amend the Criminal Procedure Law, in
20 relation to police officer statements.
21 SENATOR SCHNEIDERMAN:
22 Explanation.
23 ACTING PRESIDENT LITTLE: An
24 explanation has been requested, Senator
25 Volker.
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1 Could we have quiet in the chamber,
2 please.
3 SENATOR VOLKER: Madam President,
4 I want to congratulate you also. The back row
5 court of appeals here just agreed you said it
6 right, that it's not the controversial
7 calendar, it's a part of the controversial
8 calendar that's controversial.
9 Got that? Okay.
10 (Laughter.)
11 SENATOR VOLKER: Anyways, this is
12 a bill that actually was part of the last two
13 or three budgets, I believe, which was
14 rejected -- well, frankly, it was rejected by
15 the Assembly in the public protection part of
16 the budget.
17 There are two pieces of this bill.
18 One relates to business records that can be
19 received in grand jury proceedings as
20 evidence, with -- well, with an oath or
21 whatever and with a written statement and so
22 forth.
23 The other relates, and it's more
24 controversial, that police officers -- and
25 this, in this case, would be primarily State
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1 Police -- would be able to do the same thing,
2 and that is give a sworn statement and would
3 appear before the -- or would not have to
4 appear before the grand jury. It could save a
5 considerable amount of money.
6 The argument is that -- I realize
7 that many people believe that there should be
8 an opportunity to question law enforcement
9 officers in the grand jury. Actually, we
10 amended this bill to put in a situation where
11 if there's any real controversy involving that
12 testimony -- and I point out that it says
13 "may" be accepted -- that a police officer or
14 trooper could be called before that grand
15 jury. So it is not -- I believe first it said
16 "will" or "must." But we did change it to
17 "may."
18 Now, I realize that that's still
19 going to create some problems, because I think
20 a lot of people on defense would say, Yeah,
21 but the problem is that most of the time they
22 don't even realize that those statements are
23 going to be used until the actual grand jury
24 is empaneled and they're before the grand
25 jury.
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1 So that is what this bill is. It
2 can save considerable money for the counties,
3 the City of New York and so forth, the State
4 of New York. And that's what the bill is.
5 ACTING PRESIDENT LITTLE: Senator
6 Schneiderman.
7 SENATOR SCHNEIDERMAN: Thank you,
8 Madam President. Briefly on the bill.
9 ACTING PRESIDENT LITTLE: On the
10 bill.
11 SENATOR SCHNEIDERMAN: We've seen
12 this two-part bill for several years, and
13 there are quite a few of us who vote against
14 it. And I would make a simple suggestion.
15 Senator Volker has honestly stated
16 the problems with the second portion of this
17 bill, which would allow police officers,
18 unlike every other witness that appears in
19 front of a grand jury, to be able to come in
20 by affidavit.
21 We do have a problem, in many parts
22 of this state, of public confidence in the
23 criminal justice system, a sense that
24 sometimes things are unfairly slanted against
25 the accused. Grand juries provide little
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1 enough protection. Let's not take away of one
2 of the essential elements that allow the grand
3 jurors to assess the credibility of a law
4 enforcement officer accusing someone of
5 wrongdoing, which is what this bill would do.
6 It would save, in the scheme of our
7 budget, not a great deal of money. By the
8 Governor's estimate, I think it was
9 150 million, maybe it's more -- $150,000,
10 excuse me, $150,000 a year. Maybe it's more.
11 But even if it is, our criminal justice system
12 is not a profit center, and we shouldn't be
13 adjusting it based on a cost evaluation. The
14 fact is that jury trials, right to counsel,
15 all these things cost money.
16 So let's not weaken further the
17 grand jury system. Let's enable grand jurors
18 to assess the credibility of police officers,
19 law enforcement officers, and ask questions if
20 they want to.
21 But the first portion of this bill,
22 I would urge the sponsor everyone that I know
23 supports this, for businesses, small
24 businesses in particular, to be able to put in
25 business records through an affidavit rather
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1 than have someone come down to testify that
2 those are in fact the business records.
3 Let's separate these two parts of
4 the bill. Every year we have this discussion.
5 Every year the bill comes back with this
6 poison pill in it. Let's do something that
7 will save time and money for the businesses of
8 this state, allow them to submit business
9 documents by affidavit rather than providing a
10 live witness. It's especially burdensome on
11 small businesses.
12 And I certainly am among those who
13 would vote for it if you can separate it out
14 from the provision about police officers in a
15 grand jury. So that is my suggestion.
16 I know this is a Governor's program
17 bill. But the days of this Governor
18 submitting this program bill are behind us, so
19 I would request that the sponsor, perhaps next
20 year, separate these out so we can actually
21 pass something that would do some good for the
22 businesses of this state, streamline the
23 process. We talk about wanting to save money
24 for businesses and make this a pro-business
25 environment. Let's do it with this
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1 legislation.
2 I'm going to vote no in the
3 meantime, Madam President, in the hopes that
4 the sponsor will next year come before us with
5 two separate bills -- or maybe even this year
6 come with a separate version of the first part
7 of this bill. Ah.
8 ACTING PRESIDENT LITTLE: Thank
9 you, Senator.
10 Senator Volker.
11 SENATOR VOLKER: Madam President,
12 could I ask a question of Senator
13 Schneiderman?
14 ACTING PRESIDENT LITTLE: Thank
15 you.
16 Senator Schneiderman, do you yield?
17 SENATOR SCHNEIDERMAN: I would be
18 happy to yield.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 The Senator yields.
22 SENATOR VOLKER: That's quite a
23 persuasive argument.
24 Let me ask you this. If I amend
25 this bill to only have the business records
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1 part of it, will you help me pass it in the
2 Assembly?
3 SENATOR SCHNEIDERMAN: I would --
4 I would -- I'll tell you, I would be glad to
5 cosponsor it, as would many of my colleagues,
6 and then that would enable us to be very
7 persuasive in the Assembly. It's hard for us
8 to be as vigorous advocates as you sometimes
9 want us to be when we're not allowed to put
10 our names on bills. But I would absolutely be
11 an advocate for this in the Assembly.
12 And the Speaker does not always do
13 everything that I ask him to do, but I would
14 certainly use what little influence I have.
15 But yes, I would welcome that and
16 welcome the opportunity to work with you to
17 pass it.
18 SENATOR VOLKER: I think we
19 better pass the bill. But, Senator, I think
20 you have an excellent idea. And I think you
21 may see this bill come back a little later on
22 in the session with just business records. So
23 I just want you to know that.
24 But I feel constrained to at least
25 pass the bill here for, you know -- so I would
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1 like to pass the bill, if we could. And then
2 we'll do whatever has to be done after that.
3 Okay? Thank you.
4 SENATOR SCHNEIDERMAN: Thank you.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Thank
7 you, Senator Volker.
8 Is there any other Senator wishing
9 to be heard on the bill?
10 The debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT LITTLE: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT LITTLE: Senator
20 Connor, to explain your vote.
21 SENATOR CONNOR: Thank you, Madam
22 President.
23 I'm voting no on this iteration of
24 this bill. I do look forward to Senator
25 Volker bringing out the bill as Senator
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1 Schneiderman suggested.
2 But I would make a further
3 suggestion, Madam President, to Senator
4 Volker, and that is that hearings be scheduled
5 to get input on whether or not we should
6 abolish the grand jury.
7 We -- 15 years ago, it was
8 suggested a grand jury would indict a ham
9 sandwich if the DA wanted it. I'm not sure in
10 the modern day that a grand jury really
11 protects the individual's rights against the
12 state.
13 Other states have done it.
14 California has no grand jury. They do require
15 a preliminary hearing in court to make a
16 determination of probable cause -- thank you,
17 Madam President -- and I think we could follow
18 that. I think they do preserve the grand jury
19 for some exceptional cases of a heavy
20 investigative nature.
21 But I think the routine, the
22 requirement that in every felony case there be
23 a grand jury indictment I think has probably
24 outlived its usefulness.
25 What I would suggest is if you
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1 abolish the grand jury, you put penalties in
2 should the district attorney fail to make a
3 case in the preliminary hearing, to avoid DAs
4 from simply hauling people into judicial
5 proceedings. The penalties could be, you
6 know, you pay the defendant's costs or legal
7 fees or whatever if there's insufficient
8 evidence to hold the person for trial.
9 But I would make that suggestion,
10 Madam President.
11 I vote no on the bill.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 Senator Connor will be recorded in
15 the negative.
16 Senator Volker.
17 SENATOR VOLKER: Madam President,
18 I know it's kind of unusual to explain my
19 vote.
20 It's interesting that Senator
21 Connor mentioned that. I think that's not a
22 bad idea at all.
23 I believe one of the first hearings
24 I ever did as chairman of Codes, I believe we
25 went statewide with hearings on grand jury.
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1 We got a strange mix where there were some
2 real left-wing liberals thought it was a good
3 idea, real right-wing conservatives thought,
4 and then there was a lot of people in the
5 middle. And law schools were arguing
6 vociferously about whether to do it or not.
7 But it is an interesting question
8 about the system and something that I
9 certainly will take into consideration,
10 because I think it could be valuable. The
11 only problem is we've got so many other
12 problems that seem to go on at the same time,
13 it's tough to get into those esoteric things.
14 But it's a very serious question we should
15 probably look at.
16 I vote aye.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 Senator Volker will be recorded in
20 the affirmative.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 558 are
25 Senators Andrews, Breslin, Connor,
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1 DeFrancisco, Diaz, Duane, Gonzalez,
2 L. Krueger, Montgomery, Paterson, Savino,
3 Schneiderman, Serrano and A. Smith.
4 Those Senators absent from voting:
5 Senator Parker.
6 Ayes, 45. Nays, 14.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 Senator Skelos.
10 SENATOR SKELOS: Madam President,
11 if we could return to reports of standing
12 committees, there's a report of the Rules
13 Committee at the desk. I ask that it be read
14 at this time.
15 ACTING PRESIDENT LITTLE: Thank
16 you.
17 The Secretary will read.
18 THE SECRETARY: Senator Bruno,
19 from the Committee on Rules, reports the
20 following bill direct to third reading:
21 Senate Print 7193A, by the Senate
22 Committee on Rules, an act in relation to the
23 exemption.
24 ACTING PRESIDENT LITTLE: Senator
25 Skelos.
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1 SENATOR SKELOS: Madam President,
2 move to accept the report of Rules Committee.
3 ACTING PRESIDENT LITTLE: All
4 those in favor of accepting the report of the
5 Rules Committee signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT LITTLE:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT LITTLE: The
11 report is accepted.
12 Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 if we could take up Calendar Number 627.
15 ACTING PRESIDENT LITTLE: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 627, by the Senate Committee on Rules, Senate
19 Print Number 7193A, an act in relation to the
20 exemption for clothing and footwear from sales
21 and compensating use taxes.
22 ACTING PRESIDENT LITTLE: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT LITTLE: Senator
5 Schneiderman, to explain your vote.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Madam President, to explain my vote.
8 This bill allows local governments
9 the option to participate or not participate
10 in the permanent sales tax exemption on
11 clothing for items less than $110. This
12 corrects what I felt and many of us felt was
13 an omission from the budget last week.
14 Again, this is the kind of
15 progressive tax cuts that my conference has
16 favored, and I'm glad to see us following up
17 on it. A lot better than some of the other
18 proposals floating around there. We need to
19 get tax cuts to the working people of this
20 state. This will enable local governments to
21 follow up on the sales tax for clothing under
22 $110.
23 I will be voting yes. Thank you.
24 ACTING PRESIDENT LITTLE: Thank
25 you.
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1 Senator Schneiderman will be
2 recorded in the affirmative.
3 The Secretary will announce the
4 results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 Senator Skelos.
9 SENATOR SKELOS: Madam President,
10 is there any further business at the desk?
11 ACTING PRESIDENT LITTLE: No,
12 there is not, Senator.
13 SENATOR SKELOS: Would you please
14 recognize Senator Montgomery.
15 ACTING PRESIDENT LITTLE: Senator
16 Montgomery.
17 SENATOR MONTGOMERY: Yes, Madam
18 President. I have a motion at the desk. I
19 would like to have it called up at this time.
20 ACTING PRESIDENT LITTLE: The
21 Secretary will read.
22 THE SECRETARY: Senate Print
23 1305, by Senator Montgomery, an act to amend
24 the Social Services Law.
25 SENATOR MONTGOMERY: I would like
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1 to explain my motion.
2 ACTING PRESIDENT LITTLE: Thank
3 you. To explain the motion, Senator
4 Montgomery.
5 SENATOR MONTGOMERY: Yes, thank
6 you.
7 Madam President, this is
8 legislation that I have introduced along with
9 my colleague in the Assembly, Assemblyman Bill
10 Scarborough, which would very simply and
11 specifically provide automatic Medicaid
12 eligibility to independent foster-care
13 adolescents who are under age 21 and who are
14 in foster care on their 18th birthday.
15 This legislation is aimed to make
16 sure that we do not leave young people who are
17 aging out of foster care at the age of 18,
18 between 18 and 21, without coverage for their
19 healthcare and their mental health care under
20 Medicaid.
21 The health and mental health
22 services are extremely vital. And there are
23 almost 1,000 -- according to one of the
24 organizations that is supporting this
25 legislation, COFCCA, they say that there are
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1 almost 1,000 youth who leave foster care each
2 year in New York State. And a majority of
3 these leave to independent living, they are
4 discharged to independent living.
5 They are young people who, as was
6 found in a recent Casey Family Programs study,
7 found that youth who are leaving foster care
8 experience trauma symptoms at almost twice the
9 rate of veterans of wars in Vietnam and Iraq.
10 So these are young people who really need
11 coverage, need healthcare.
12 And in addition, I have another
13 statement from the Federation of Protestant
14 Welfare Agencies, which is also supporting
15 this legislation. And they stress that
16 regular access to reproductive health services
17 and prescription coverage are crucial to the
18 young adult population, and their children
19 also need coverage. Many of them leave foster
20 care, they already have children, and the
21 children need healthcare as well.
22 So this legislation seeks to
23 protect those children in particular. It is
24 not going to be costly to the state. It is
25 supported by those organizations, as I have
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1 named, COFCCA, Federation of Protestant
2 Welfare Agencies, along with the NASW, the
3 New York State Chapter, Citizens Committee for
4 Children, and I have many other support
5 letters for this legislation.
6 So I ask my colleagues to consider
7 this. It's for our young people, for their
8 protection. It's a small price to pay. And
9 we all understand the importance of healthcare
10 for teens, older teens. This just includes
11 another group of young people who may or may
12 not have had health coverage in their schools,
13 because we don't have nearly enough
14 school-based healthcare, but certainly they
15 should have access to healthcare once they
16 leave foster care.
17 So I thank you, and I hope my
18 colleagues will join me in supporting this.
19 ACTING PRESIDENT LITTLE: Thank
20 you. All those Senators in favor of the
21 petition out of committee please signify by
22 raising their hands.
23 THE SECRETARY: Those recorded in
24 agreement are Senators Andrews, Breslin,
25 Connor, Coppola, Diaz, Dilan, Duane, Gonzalez,
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1 Klein, L. Krueger, C. Kruger, Montgomery,
2 Onorato, Oppenheimer, Paterson, Sabini,
3 Savino, Schneiderman, Serrano, A. Smith,
4 M. Smith, Stachowski, Stavisky and Valesky.
5 ACTING PRESIDENT LITTLE: The
6 petition is not agreed to.
7 Senator Volker.
8 SENATOR VOLKER: Madam President,
9 I just wanted to say that I was cleaning out,
10 believe it or not, my office this weekend, for
11 the first time in a decade or so, and I did
12 realize that -- I came up with some material,
13 and I realized that today is the anniversary
14 of John Brendan Daly's death, April 3, 1999.
15 It's for -- most of you knew John;
16 he was a very close friend of mine. And
17 ironically, he lived on Lancaster Street,
18 right up from where I stay. And one of the
19 his tenants was the former Senator or late
20 Senator Patricia McGee, who died April 2nd of
21 2005.
22 I also noticed that the Pope died
23 on the same day, Pope John Paul II, and I said
24 I firmly believe the Pope waited for Pat McGee
25 to die, because she died earlier, and then
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1 said, I guess it's time for me to go too.
2 But I remember -- I still have
3 troubles with Lancaster Street, because I
4 think of some nights when I went there rather
5 late when the light was on and the three of us
6 had a few -- a few imbibing pops and so forth.
7 But I do want to say that I've
8 often said that there's an old saying that
9 John Wayne had in a movie, and he said -- they
10 said, "Those people are dead," and he said:
11 "No, they're really not dead." As long as the
12 Senate is around, those people will still be
13 around with us.
14 So I just wanted to say we could
15 terminate the Senate today with the thought of
16 Patricia McGee and John Daly.
17 Thank you.
18 ACTING PRESIDENT LITTLE: Thank
19 you, Senator Volker.
20 Senator Skelos.
21 SENATOR SKELOS: Thank you very
22 much, Senator Volker.
23 Madam President, there being no
24 further business to come before the Senate, I
25 move we stand adjourned until Tuesday,
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1 April 4th, at 3:00 p.m., in memory of Senators
2 Patricia K. McGee and John B. Daly.
3 ACTING PRESIDENT LITTLE: On
4 motion, the Senate stands adjourned until
5 Tuesday, April 4th, at 3:00 p.m., in memory of
6 Senators Patricia McGee and John Daly.
7 (Whereupon, at 3:45 p.m., the
8 Senate adjourned.)
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