Regular Session - May 17, 2006
3105
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 17, 2006
11 11:03 a.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, please, in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 16, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 15,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT ROBACH: 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 Golden.
8 SENATOR GOLDEN: I have a motion
9 to amend a bill recalled from the Assembly,
10 Mr. President. I wish to call up Print Number
11 6872A, recalled from the Assembly, which is
12 now at the desk.
13 ACTING PRESIDENT ROBACH: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 504, by Senator Skelos, Senate Print 6872A, an
17 act to amend the Public Health Law.
18 SENATOR GOLDEN: Mr. President, I
19 now move to reconsider the vote by which this
20 bill was passed.
21 ACTING PRESIDENT ROBACH: Call
22 the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 38.
25 ACTING PRESIDENT ROBACH: Senator
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1 Golden.
2 SENATOR GOLDEN: Mr. President, I
3 now offer the following amendments.
4 ACTING PRESIDENT ROBACH: The
5 amendments are received.
6 Senator Golden.
7 SENATOR GOLDEN: A motion to
8 amend a bill on the calendar on third reading,
9 Mr. President.
10 On page 54, on behalf of Senator
11 Balboni, I offer the following amendments to
12 Calendar Number 863, Senate Print Number 7358,
13 and ask that the said bill retain its place on
14 the Third Reading Calendar.
15 ACTING PRESIDENT ROBACH: The
16 amendments are received. The bill will retain
17 its place on the Third Reading Calendar.
18 SENATOR GOLDEN: Mr. President,
19 on page number 33, on behalf of Senator
20 Morahan, I offer the following amendments to
21 Calendar Number 443, Senate Print Number
22 6909B, and ask that the said bill retain its
23 place on the Third Reading Calendar.
24 ACTING PRESIDENT ROBACH: The
25 amendments are received. The bill will retain
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1 its place on Third Reading Calendar.
2 SENATOR GOLDEN: Thank you,
3 Mr. President.
4 ACTING PRESIDENT ROBACH: Senator
5 Nozzolio.
6 SENATOR NOZZOLIO: Thank you,
7 Mr. President.
8 On page 42, on behalf of Senator
9 Libous, I offer the following amendments to
10 Calendar Number 684, Print Number 1818, and
11 ask that said bill retain its place on Third
12 Reading Calendar.
13 ACTING PRESIDENT ROBACH: The
14 amendments are received. The bill will retain
15 its place on Third Reading Calendar.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President, I
18 believe there are substitutions at the desk,
19 if you could make them at this time.
20 ACTING PRESIDENT ROBACH: The
21 Secretary will read.
22 THE SECRETARY: On page 30,
23 Senator Fuschillo moves to discharge, from the
24 Committee on Consumer Protection, Assembly
25 Bill Number 8025C, and substitute it for the
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1 identical Senate Bill Number 5370C, Third
2 Reading Calendar 374.
3 On page 30, Senator Fuschillo moves
4 to discharge, from the Committee on Consumer
5 Protection, Assembly Bill Number 7349D and
6 substitute it for the identical Senate Bill
7 Number 6805B, Third Reading Calendar 377.
8 On page 34, Senator Bonacic moves
9 to discharge, from the Committee on Education,
10 Assembly Bill Number 9298 and substitute it
11 for the identical Senate Bill Number 6684,
12 Third Reading Calendar 485.
13 On page 49, Senator Spano moves to
14 discharge, from the Committee on
15 Transportation, Assembly Bill Number 290B and
16 substitute it for the identical Senate Bill
17 Number 3692B, Third Reading Calendar 807.
18 And on page 61, Senator Fuschillo
19 moves to discharge, from the Committee on
20 Local Government, Assembly Bill Number 4485C
21 and substitute it for the identical Senate
22 Bill Number 1430C, Third Reading Calendar 966.
23 ACTING PRESIDENT ROBACH:
24 Substitutions ordered.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President, I
2 have a resolution at the desk. If we could
3 have the title read and move for its immediate
4 adoption.
5 ACTING PRESIDENT ROBACH: The
6 Secretary will read.
7 THE SECRETARY: By Senator
8 Skelos, Legislative Resolution Number 5326,
9 honoring Grace and Ed Levie upon the occasion
10 of their designation as the Guests of Honor at
11 the Temple Israel of Long Beach Sisterhood's
12 Annual Spring Torah Luncheon on May 21, 2006.
13 ACTING PRESIDENT ROBACH: All
14 those in favor of the resolution say aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT ROBACH: Any
17 opposed, nay.
18 (No response.)
19 ACTING PRESIDENT ROBACH: The
20 resolution is adopted.
21 SENATOR SKELOS: Mr. President,
22 there's a resolution at the desk by Senator
23 Saland. If we could have the title read and
24 move for its immediate adoption.
25 ACTING PRESIDENT ROBACH: The
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1 Secretary will read.
2 THE SECRETARY: By Senator
3 Saland, Legislative Resolution Number 5343,
4 congratulating Lana Noone upon the occasion of
5 her designation for special recognition by the
6 Hudson Valley Coalition to Promote Tolerance
7 on May 21, 2006.
8 ACTING PRESIDENT ROBACH: On the
9 resolution, all those in favor signify by
10 saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT ROBACH: Any
13 opposed, nay.
14 (No response.)
15 ACTING PRESIDENT ROBACH: The
16 resolution is adopted.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 71, by Senator Morahan, Senate Print 6333A, an
25 act to amend the Penal Law.
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1 ACTING PRESIDENT ROBACH: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of
5 November.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 44.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 319, by Senator Spano, Senate Print 2899, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 44.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 372, by Senator Little, Senate Print 2306, an
3 act to amend the General Business Law.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 44.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 374, substituted earlier today by Member of
16 the Assembly Brodsky, Assembly Print Number
17 8025C, an act to amend the General Business
18 Law.
19 ACTING PRESIDENT ROBACH: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT ROBACH: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 46.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 375, by Senator Fuschillo, Senate Print 6723,
6 an act to amend the General Business Law.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 46.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 377, substituted earlier today by Member of
19 the Assembly Pheffer, Assembly Print Number
20 7349D, an act to amend the General Business
21 Law.
22 ACTING PRESIDENT ROBACH: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT ROBACH: Senator
6 Fuschillo, to explain his vote.
7 SENATOR FUSCHILLO: Thank you,
8 Mr. President.
9 Today we take a giant step forward
10 in protecting the identity of individuals from
11 a $50 billion criminal enterprise in this
12 country called identity theft.
13 I want to thank my colleagues on
14 both sides of the aisle for their support
15 during the two joint hearings; Assemblywoman
16 Audrey Pheffer.
17 And we're joined today by a young
18 lady from my district named Denise Curro, and
19 her mother, whose story is unbelievable when
20 it comes to identity theft.
21 In 1998, at the age of 17, she was
22 traveling back from Florida, and her wallet
23 was stolen in North Carolina. It contained
24 her driver's license, her college ID, her
25 Social Security number, and other personal
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1 information.
2 Since that time, the woman that
3 stole her identity, that assumed her life,
4 assumed her name, assumed her identity, got
5 married under her name in North Carolina.
6 This young lady, who's 25 years old, is a 31-,
7 32-year-old minority woman who's married. She
8 can't buy a car, she can't even get a
9 cellphone. Everything she has to do she has
10 to cosign with her mother or put it into her
11 mother's name. On her credit report, it says
12 eight different variations of her name, two
13 different dates of birth, a spouse, 15
14 different addresses, and she's worked all over
15 the place -- which she hasn't.
16 Most recently, the media has really
17 taken up Denise Curro's story about how she's
18 been a victim of identity theft. And she was
19 on "Montel Williams," and there was a surprise
20 there. She met her husband -- who's really
21 not her husband -- who in 1999 married this
22 woman in North Carolina who took her name. He
23 was in the military. Ironically, he now works
24 for Homeland Security. This poor guy was
25 arrested a few times because somebody
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1 impersonated him. She stole his identity.
2 And it goes on and on and on. But
3 this is a horror story, the worst of the
4 cases.
5 So the measure you just passed will
6 give consumers the option throughout New York
7 State to freeze their credit accounts and help
8 Denise Curro to prevent future identity theft.
9 I'll be voting in the affirmative.
10 Thank you.
11 ACTING PRESIDENT ROBACH: Thank
12 you, Senator Fuschillo.
13 Senator Rath, to explain your vote.
14 SENATOR RATH: Mr. President,
15 Senator Volker is going to proceed; then I
16 will join him.
17 ACTING PRESIDENT ROBACH: Senator
18 Volker, to explain your vote.
19 SENATOR VOLKER: Mr. President, I
20 just want to say, first of all -- and commend
21 Senator Fuschillo for this bill -- identity
22 theft is a huge problem. And what he
23 described is one of the horrors of what has
24 been going on in this state and this country.
25 However, there's one provision in
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1 this bill that has created a major problem for
2 Senator Rath and I in Western New York, and it
3 relates primarily to a company called GEICO in
4 Western New York that is a very substantial
5 employer.
6 And there's a provision in this
7 bill which, as far as we know, we are the only
8 states other than New Jersey, under this bill,
9 that has extended a credit freeze legislation
10 to the insurance industry.
11 The problem is that, according to
12 GEICO and several other insurance operations,
13 that the result of this will be that it
14 creates a major problem for them in dealing
15 with their insureds. And while the marketers
16 say that they agree with identity theft
17 provisions, on this one the credit freeze will
18 create an enormous problem for some of the
19 people like GEICO that do a great deal of
20 marketing over the phone and in various ways.
21 So unfortunately, I have to vote
22 against this bill, as -- Senator Rath and I
23 have to vote against it, because we think it
24 should be amended to adjust that so that the
25 marketers such as GEICO, the insurance people
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1 such as GEICO can operate on a better basis
2 and yet be able to protect the identity of
3 their people, as is intended by the
4 legislation.
5 I commend Senator Fuschillo for the
6 great body of this legislation, but I request
7 that this piece of this bill be amended so
8 that it doesn't create a problem for some of
9 the direct-market insurers such as GEICO.
10 I vote no.
11 ACTING PRESIDENT ROBACH: Senator
12 Volker will be recorded in the negative.
13 Senator Rath.
14 SENATOR RATH: Mr. President, I
15 too feel much as Senator Volker does, that the
16 main body of the work that Senator Fuschillo
17 has worked on so diligently for such a long
18 time is critical and should be there. This
19 one provision, however, is one of those
20 unintended consequences for what is
21 intentionally a very good piece of
22 legislation.
23 The GEICO industry that is located
24 in Western New York has put to work hundreds
25 and hundreds of hard working Western
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1 New Yorkers who have frankly been looking for
2 good-paying jobs so they could stay in Western
3 New York, which is their home. And GEICO
4 intends to expand beyond where they are now,
5 because they have found a workforce that is
6 intelligent, well-educated, hardworking, all
7 of the diligent things that we understand
8 about Western New York.
9 They are available 365 days a year,
10 24 hours a day. They do not sell through
11 agents, of course, they sell through the
12 Internet and via telephone. And this
13 unintended consequence of freezing credit for
14 folks that call in is a serious problem for
15 them.
16 And I too, like Senator Volker,
17 believe there should be an exception in this
18 legislation or there should be some sort of
19 provision made for this sort of marketing in
20 New York State.
21 Because take a look at identity
22 theft. If someone steals your identity and
23 has your credit card, are they going to call
24 up and try and buy car insurance over the
25 telephone? I think not. I think they'll head
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1 to Best Buy and they'll buy a flat-screen TV
2 or they'll head to Lord & Taylor's or wherever
3 and use your credit card. I do not think they
4 will call up to try to buy car insurance over
5 the Internet with someone else's identity,
6 because they would be afraid, number one, they
7 would get caught.
8 And so I'm voting no on this bill.
9 I hope that others will be influenced to vote
10 no so that we can see that another piece of a
11 provision can be inserted so that it will not
12 harm the really good companies in Western
13 New York State such as GEICO.
14 Thank you.
15 ACTING PRESIDENT ROBACH: Senator
16 Rath will be recorded in the negative.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 It's a pleasure to rise in support
21 of my colleague Senator Fuschillo's bill. I
22 think this bill is much needed. The story of
23 this young woman whose life has been literally
24 turned up on end is one that we should all
25 take to heart, because it could happen to each
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1 and every one of us.
2 I have, and I'm sure many of you
3 have had our constituents call and ask for our
4 assistance on this particular issue. And it's
5 very, very difficult to resolve their
6 problems.
7 So with the rise of the Internet
8 and the expansion of its use, the ease of
9 stealing someone's identity is there, we need
10 to take whatever measures we can and whatever
11 steps we can.
12 And again, I thank Senator
13 Fuschillo for taking the lead on this
14 important bill, and I vote aye.
15 ACTING PRESIDENT ROBACH: Senator
16 Marcellino will be recorded in the
17 affirmative.
18 Senator Saland.
19 SENATOR SALAND: Thank you,
20 Mr. President.
21 I too rise to commend Senator
22 Fuschillo for bringing this bill out before
23 the house, for forging the agreement with the
24 other house. I had the opportunity, during
25 the development of this legislation, to work
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1 closely with him, but really he is the
2 chairman of the committee, is responsible for
3 making all this happen today.
4 And the story told by his
5 constituent Denise Curro certainly is one
6 which has to not only strike at your
7 heartstrings but at the same time appall all
8 of us that somebody can have their identity
9 stolen, find themselves married to some
10 unknown individual, and live through the very
11 hell that she's had to endure now for some
12 eight years.
13 Hopefully this legislation will
14 prevent others from being victimized. This is
15 a means by which people -- men, women, anybody
16 who has concerns about a threat to their
17 credit -- will have the ability basically to
18 put up a firewall to prevent that
19 victimization. And hopefully the technology
20 that will be developed will make this a very,
21 very speedy process within the course of the
22 next two to three years.
23 But it's a major win for all of the
24 people of the State of New York and certainly
25 anybody who has any reason to have any concern
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1 about whether their credit has been
2 threatened.
3 Thank you. I will vote in the
4 affirmative, Mr. President.
5 ACTING PRESIDENT ROBACH: Thank
6 you Senator Saland. You will be recorded in
7 the affirmative.
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Thank you,
10 Mr. President. I ask permission to explain my
11 vote.
12 Mr. President, I rise in support of
13 this measure and compliment Senator Fuschillo
14 for helping this body continue its efforts to
15 have our laws keep pace with technology.
16 This is another in a series of
17 legislation enacted by this house that has
18 been the result or the culmination of the
19 privacy invasion task force established by
20 Senator Bruno a few years ago.
21 This house led the way in creating
22 the crime of identity theft and ensuring that
23 our prosecutors had tools in New York State to
24 prosecute and lock up those who were
25 perpetrating this crime.
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1 Unfortunately, identity theft is
2 the fastest-growing crime in America still.
3 And that our laws must continue to keep pace
4 with the rapid changes in technology. The
5 technological advances continue to be pursued
6 aggressively by the most clever of criminals.
7 And in order for us to protect our consumers,
8 we need to enact legislation like this as well
9 as additional legislation focusing on issues,
10 as Senator Farley has in the past, with
11 protecting our Social Security numbers, as
12 others in this house have forged ways to
13 protect consumers. Senator Fuschillo again
14 takes this protection to another level.
15 I also want to thank,
16 parenthetically, the victims who were involved
17 today in helping this particular legislation,
18 as well as a former victim from Auburn,
19 New York, Cynthia Watkins, that kindergarten
20 teacher who helped put a face of identity
21 theft a number of years ago, the first -- a
22 kindergarten teacher who was victimized in a
23 heinous way that took literally years to
24 unravel a crime that she was certainly an
25 innocent victim of. She helped us establish
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1 the crime of identity theft in New York in the
2 first place. And again, to Cynthia Watkins, I
3 wish to thank you.
4 Senator Fuschillo, my colleagues,
5 thank you for this legislation. It's a great
6 step in the right direction to keep our laws
7 in pace with technology and to prevent crime
8 victims from happening in the first place.
9 Thank you, Mr. President.
10 ACTING PRESIDENT ROBACH: Senator
11 Nozzolio will be recorded in the affirmative.
12 Senator Farley.
13 SENATOR FARLEY: Thank you very
14 much, Mr. President.
15 I do rise in support of this. You
16 know, this won't solve every problem, but it's
17 certainly a major step forward for this
18 Legislature to address a problem.
19 It was interesting, at Senator
20 Bruno's press conference, he asked how many
21 have had problems with people taking their
22 credit cards or fraudulent taking of their
23 credit cards. The whole -- the preponderance
24 of the room raised their hands.
25 I have also had my credit card
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1 numbers taken by a gas station, and every day
2 for a month they took $40 out of my credit
3 card. I had the credit card in my pocket, but
4 they were still using it.
5 And I want to just congratulate
6 this house, because we were the first in the
7 nation to stop using Social Security numbers
8 as ID numbers. I saw that at the university,
9 where they plastered these Social Security
10 numbers all over the schools. State after
11 state after state has now followed our lead in
12 that area.
13 This is a problem that really
14 affects all of your voters and consumers. And
15 this is a major step forward -- not one that's
16 going to solve everything. But, Senator
17 Fuschillo, I salute you for doing this and
18 it's something whose time has come.
19 Thank you, Mr. President. I vote
20 aye.
21 ACTING PRESIDENT ROBACH: Senator
22 Farley will be recorded in the affirmative.
23 Senator Klein, to explain his vote.
24 SENATOR KLEIN: Thank you,
25 Mr. President.
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1 I too would like to praise my
2 colleague Senator Fuschillo for working so
3 hard on this important piece of legislation.
4 I think security freezes is a
5 natural extension of some of the work we've
6 already done in the Legislature.
7 When I was in the Assembly, I did
8 an investigation which showed that state
9 computers were hacked into 72 times over a
10 four-year period. And when I looked at the
11 private sector, at the time there was not one
12 private company that had their own policy to
13 make sure to notify individuals if they were
14 the victim of identity theft.
15 That led to the passage of
16 legislation which Senator Fuschillo sponsored,
17 which I sponsored at the time in the State
18 Assembly, which notified individuals when they
19 were the victim of identity theft.
20 I think the security freeze
21 legislation is a natural extension. If we
22 notify people that are the victim of identity
23 theft, in turn, if they can utilize the system
24 of a security freeze, they can protect
25 themselves against ruining their financial
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1 assets and their financial credit. So I think
2 this is something very, very important.
3 I do, however, think we need to
4 take things one step further. I think
5 education on this issue is very, very
6 important. While the laws that we pass are
7 very, very effective, I think what we find in
8 many cases, local law enforcement and various
9 agencies don't know what to do if someone
10 comes to them and they're the victim of
11 identity theft.
12 I guarantee you, in the City of
13 New York, if you walk into your local precinct
14 and say that you're the victim of identity
15 theft, they're going to send you away. They
16 just don't know how to handle it.
17 So I think just as important as
18 passing, I think, this very, very important
19 legislation is also having a mechanism in
20 place, or more education on this issue to
21 protect all of our constituents against
22 identity theft.
23 I of course vote yes on this very
24 important legislation.
25 ACTING PRESIDENT ROBACH: Senator
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1 Klein will be recorded in the affirmative.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: You know,
4 there's one more story that hasn't really been
5 mentioned by anyone in explaining their
6 votes -- and I'm going to vote aye -- and that
7 is the way this all began. We learned today
8 that Senator Fuschillo's constituent actually
9 stopped him on the street and said: "You've
10 got to help me."
11 And each one of us has instances
12 like that where we try to provide constituent
13 service.
14 Well, Chuck, this is the highest
15 form of constituent service -- not only
16 helping your constituents individually, but
17 preparing a bill and having a bill pass and
18 become law that helps every constituent
19 throughout the state.
20 I vote aye.
21 ACTING PRESIDENT ROBACH: Senator
22 DeFrancisco will be recorded in the
23 affirmative.
24 The Secretary will announce the
25 results.
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1 THE SECRETARY: In relation to
2 Calendar Number 377, those recorded in the
3 negative: Senators Coppola, Maziarz, Rath,
4 Stachowski, and Volker.
5 Ayes, 50. Nays, 5.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 485, substituted earlier today by Member of
10 the Assembly Gunther, Assembly Print Number
11 9298, an act in relation to transportation
12 contracts.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT ROBACH: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 573, by Senator DeFrancisco, Senate Print
25 6873A, an act to amend the Penal Law.
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1 ACTING PRESIDENT ROBACH: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the first of
5 November.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 643, by Senator Marcellino, Senate Print 661,
14 an act to amend the Criminal Procedure Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 781, by Senator Little, Senate Print 2847B, an
2 act to amend the Real Property Tax Law.
3 ACTING PRESIDENT ROBACH: Read
4 the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT ROBACH: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT ROBACH: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 784, by Senator Little, Senate Print 5327, an
15 act to amend the Local Finance Law.
16 ACTING PRESIDENT ROBACH: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 55.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 807, substituted earlier today by Member of
3 the Assembly Christensen, Assembly Print
4 Number 290B, an act to amend the Vehicle and
5 Traffic Law.
6 ACTING PRESIDENT ROBACH: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT ROBACH: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 55.
14 ACTING PRESIDENT ROBACH: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 966, substituted earlier today by Member of
18 the Assembly Hooper, Assembly Print Number
19 4485C, an act to authorize the French Speaking
20 Baptist Church.
21 ACTING PRESIDENT ROBACH: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 969, by Senator Flanagan, Senate Print 4894,
8 an act to authorize the First Church of
9 Christ, Scientist.
10 ACTING PRESIDENT ROBACH: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ROBACH: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 ACTING PRESIDENT ROBACH: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1036, by Senator Marcellino, Senate Print 670,
22 an act to amend the Penal Law.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of January.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 55.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1046, by Senator Flanagan, Senate Print 7150,
10 an act to amend the Penal Law.
11 ACTING PRESIDENT ROBACH: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT ROBACH: Senator
20 Flanagan, to explain your vote.
21 SENATOR FLANAGAN: Thank you,
22 Mr. President.
23 Just very briefly, following up
24 listening to my colleague Senator Fuschillo, a
25 lot of times we hear stories and legislation
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1 comes out from things that happen to us either
2 personally or to our constituents.
3 I have a young gentleman that's
4 worked in my office as an intern who came up
5 with the idea for this legislation as a result
6 of something that happened to a family member
7 of his. And it's a very positive step
8 forward.
9 But Jordan Henner is someone who
10 worked very diligently on this, it's a good
11 change in the law, and I hope we can get a
12 chapter this year.
13 Thank you.
14 ACTING PRESIDENT ROBACH: Senator
15 Flanagan will be recorded in the affirmative.
16 Senator Duane, to explain your
17 vote.
18 SENATOR DUANE: Thank you,
19 Mr. President.
20 I'll be voting for this bill, and
21 it is a very, very good bill. But I would be
22 remiss if I didn't point out that any child
23 who has been victimized by assault clearly
24 would need counseling and mental health
25 services. But if that victim's family was
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1 unable to afford counseling, that would be a
2 terrible tragedy.
3 But if we pass Timothy's Law in
4 this body, Mr. President, then every family in
5 New York State would have the ability to
6 provide counseling and services for every
7 member of the family that needed it.
8 So while I'm pleased this bill is
9 passing our house today, I am certain that
10 accompanying this at some point in the very
11 near future we should have Timothy's Law on
12 the floor so that we can provide mental health
13 services to families throughout our state.
14 Thank you, Mr. President.
15 ACTING PRESIDENT ROBACH: Senator
16 Duane will be recorded in the affirmative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Ayes, 55. Nays,
20 1. Senator Montgomery recorded in the
21 negative.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1054, by Senator Trunzo, Senate Print 849, an
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1 act to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT ROBACH: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 56.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1055, by Senator Rath, Senate Print 1518A, an
14 act to amend the Vehicle and Traffic Law and
15 the Penal Law.
16 ACTING PRESIDENT ROBACH: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of
20 November.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 1055 are
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1 Senators Duane and Sabini.
2 Ayes, 54. Nays, 2.
3 ACTING PRESIDENT ROBACH: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1057, by Senator Saland, Senate Print 2501B,
7 an act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT ROBACH: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT ROBACH: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT ROBACH: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1062, by Senator Larkin, Senate Print 6320A,
20 an act to amend the Highway Law.
21 ACTING PRESIDENT ROBACH: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 30th day.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT ROBACH: Senator
4 Larkin, to explain your vote.
5 SENATOR LARKIN: Mr. President,
6 this is a significant piece of legislation,
7 because we're referring to a unit that fought
8 in World War II in Europe, was one of the most
9 decorated divisions: the 86th, the Blackhawk.
10 One of our former colleagues was
11 well decorated in that unit, Assemblyman Larry
12 Bennett.
13 When you look at the record of this
14 division, which started in World War I until
15 the division was deactivated in December 1946,
16 it had an outstanding record of its
17 accomplishments. In Europe, it led the charge
18 going from the assault on D-Day all the way
19 through to Berchtesgaden.
20 One of the things that I thought
21 was amazing when I looked, this unit captured
22 15,000 Germans. It was instrumental in the
23 recovery of a number of Americans that were in
24 prisoner-of-war camps.
25 The odd thing for a lot of the guys
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1 in the Blackhawk, they thought they were
2 coming back to the United States, but what
3 happened was the ship went around and they
4 were on the high seas going to the Philippines
5 when the bombs were dropped in August of 1945.
6 And many of those troops are alive today, I
7 hope, because had the bomb not dropped, the
8 86th would have led the fight going into
9 Japan.
10 ACTING PRESIDENT ROBACH: Senator
11 Larkin, you will be recorded in the
12 affirmative.
13 The Secretary will announce the
14 results.
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT ROBACH: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1063, by Senator Nozzolio, Senate Print 6647,
20 an act to amend the Highway Law.
21 ACTING PRESIDENT ROBACH: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT ROBACH: Senator
4 Nozzolio, to explain your vote.
5 SENATOR NOZZOLIO: Thank you,
6 Mr. President.
7 Mr. President and my colleagues,
8 this measure is a fitting tribute to
9 memorialize those veterans who served in the
10 96th Infantry Division of the United States
11 Army during World War II.
12 I rise to thank the "Greatest
13 Generation," whose sacrifice, whose commitment
14 to duty, whose answer to the call preserved
15 democracy and freedom for the world. We owe
16 so much to that generation. And I wish to in
17 a small way, by this legislation, recognize
18 the contributions of a very significant
19 contributor to the success of our nation.
20 The 96th Infantry Division of the
21 United States Army brought to my attention
22 their sacrifices, by Ted Fafinski, the
23 chairman of the Ontario County Legislature and
24 also the supervisor from the Town of
25 Farmington. That's the area where the highway
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1 will be designated as a lasting memorial to
2 the service of the 96th Division.
3 I praise the Town of Farmington,
4 Supervisor Fafinski, and the town board for
5 their steadfast support of this legislation,
6 and thank my colleagues for joining in, making
7 this a fitting tribute to recognize those
8 sacrifices.
9 Thank you, Mr. President.
10 ACTING PRESIDENT ROBACH: Senator
11 Nozzolio will be recorded in the affirmative.
12 The Secretary will announce the
13 results.
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1064, by Senator Wright, Senate Print 6714, an
19 act to amend the Highway Law.
20 ACTING PRESIDENT ROBACH: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ROBACH: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT ROBACH: Senator
3 Wright, to explain his vote.
4 SENATOR WRIGHT: Thank you,
5 Mr. President.
6 I join with my two colleagues who
7 have presented the recognition of two World
8 War II divisions and their service. The Tenth
9 Mountain that we're recognizing today also
10 served in World War II, as part of the
11 liberation of Italy.
12 But the Tenth Mountain was
13 reactivated and currently has been the most
14 deployed division in the United States Army.
15 New York State is now home to the Tenth
16 Mountain Division, based at Fort Drum in
17 Northern New York.
18 This division, having been the most
19 deployed, has been to all of the
20 headline-makers in the world in the past
21 decade: Somalia, Haiti, Bosnia, Kosovo, and
22 currently Afghanistan and Iraq.
23 The members of this division have
24 made the ultimate sacrifice on behalf of the
25 American country, and we have currently lost
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1 62 lives in Iraq and Afghanistan.
2 So it is fitting that we
3 memorialize the main interstate through the
4 North Country, through Jefferson County, so
5 that literally as these brave men and women
6 return to Fort Drum, they will be acknowledged
7 and recognized forevermore as we memorialize
8 their achievements, their accomplishments, and
9 their sacrifices on behalf of this nation and
10 this state.
11 Thank you very much, Mr. President.
12 ACTING PRESIDENT ROBACH: Thank
13 you, Senator Wright. You will be recorded in
14 the affirmative.
15 Senator Stavisky, to explain her
16 vote.
17 SENATOR STAVISKY: Yes,
18 Mr. President. I want to thank Senator
19 Wright.
20 A member of my staff, Vincent
21 LeVien's brother is a major in that division,
22 serving in Iraq as we speak.
23 And I think when they come home --
24 and I certainly hope they do come home
25 safely -- I think it's fitting that they see
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1 that highway marker to understand that we do
2 appreciate the sacrifices that they have made
3 and unfortunately will continue to make.
4 Thank you very much.
5 ACTING PRESIDENT ROBACH: Senator
6 Stavisky will be recorded in the affirmative.
7 The Secretary will announce the
8 results.
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1089, by Senator Morahan, Senate Print 1503,
14 an act to amend the Election Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 8. This
18 act shall take effect on the first of
19 December.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 Senator Skelos, that completes the
2 noncontroversial reading of the calendar.
3 SENATOR SKELOS: Mr. President,
4 is there any further business at the desk?
5 ACTING PRESIDENT ROBACH: Yes, we
6 have a motion.
7 Senator Nozzolio.
8 SENATOR NOZZOLIO: Mr. President,
9 on behalf of Senator Alesi, on page number 47
10 I offer the following amendments to Calendar
11 Number 760, Senate Print Number 7001A, and ask
12 that said bill retain its place on Third
13 Reading Calendar.
14 ACTING PRESIDENT ROBACH: The
15 amendments are received, and the bill will
16 retain its place on the Third Reading
17 Calendar.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 there being no further business to come before
21 the Senate, I move we stand adjourned until
22 Monday, May 22nd, at 3:00 p.m., intervening
23 days being legislative days.
24 ACTING PRESIDENT ROBACH: There
25 being no further business, on motion, the
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1 Senate stands adjourned until Monday,
2 May 22nd, at 3:00 p.m., intervening days being
3 legislative days.
4 (Whereupon, at 11:44 a.m., the
5 Senate adjourned.)
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