Regular Session - June 5, 2006
3345
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 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
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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, June 4, the Senate met pursuant to
18 adjournment. The Journal of Saturday, June 3,
19 was read and approved. On motion, Senate
20 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 Golden, on
11 page 67 I offer the following amendments to
12 Calendar 934, Senate Print 7503, and I ask
13 that this bill retain its place on the Third
14 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 FARLEY: Madam President,
19 on behalf of Senator Little, I wish to call up
20 her bill, Print Number 6387A, which was
21 recalled from the Assembly and it's now at the
22 desk.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 340, by Senator Little, Senate Print 6387A, an
2 act to amend the Tax Law.
3 SENATOR FARLEY: Madam President,
4 I now move to reconsider the vote by which
5 this bill passed.
6 THE PRESIDENT: The Secretary
7 will call the roll upon reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 43.
10 SENATOR FARLEY: I now offer the
11 following amendments.
12 THE PRESIDENT: The amendments
13 are received.
14 SENATOR FARLEY: On behalf of
15 Senator Little again, I wish to call up her
16 bill, Print 6388B, which was recalled from the
17 Assembly, which is now at the desk.
18 THE PRESIDENT: The Secretary
19 will read.
20 THE SECRETARY: Calendar Number
21 341, by Senator Little, Senate Print 6388B, an
22 act to amend the Tax Law.
23 SENATOR FARLEY: Madam President,
24 I now move to reconsider the vote by which
25 this bill passed.
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1 THE PRESIDENT: The Secretary
2 will call the roll upon reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 43.
5 SENATOR FARLEY: I now offer the
6 following amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 SENATOR FARLEY: On behalf of
10 Senator Winner, Madam President, I wish to
11 call up his bill, 6448A, recalled from the
12 Assembly, and it's now at your desk.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 342, by Senator Winner, Senate Print 6448A, an
17 act to amend Chapter 365 of the Laws of 2005.
18 SENATOR FARLEY: Madam President,
19 I now move to reconsider the vote by which
20 this bill passed.
21 THE PRESIDENT: The Secretary
22 will call the roll upon reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 43.
25 SENATOR FARLEY: I now offer the
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1 following amendments.
2 THE PRESIDENT: The amendments
3 are received.
4 SENATOR FARLEY: Madam President,
5 on behalf of Senator Balboni, I wish to call
6 up his bill, Print Number 6913, recalled from
7 the Assembly, and it's now at the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 468, by Senator Balboni, Senate Print 6913, an
12 act to amend the Executive Law.
13 SENATOR FARLEY: I now move to
14 reconsider the vote by which this bill passed.
15 THE PRESIDENT: The Secretary
16 will call the roll upon reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 43.
19 SENATOR FARLEY: Madam President,
20 I now offer the following amendments.
21 THE PRESIDENT: The amendments
22 are received.
23 SENATOR FARLEY: On behalf of
24 Senator Nozzolio, I wish to call up his bill,
25 6647, which was recalled from the Assembly and
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1 it's now at the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 1063, by Senator Nozzolio, Senate Print 6647,
6 an act to amend the Highway Law.
7 SENATOR FARLEY: Madam President,
8 I now move to reconsider the vote by which
9 this bill passed.
10 THE PRESIDENT: The Secretary
11 will call the roll upon reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 43.
14 SENATOR FARLEY: I now offer the
15 following amendments.
16 THE PRESIDENT: The amendments
17 are received.
18 SENATOR FARLEY: On behalf of
19 Senator Balboni, Madam President, I wish to
20 call up his bill, 6822, which was recalled
21 from the Assembly and it's now at the desk.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 1003, by Senator Balboni, Senate Print 6822,
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1 an act to amend the Waterfront Commission Act.
2 SENATOR FARLEY: Madam President,
3 I now move to reconsider the vote by which
4 this bill passed.
5 THE PRESIDENT: The Secretary
6 will call the roll upon reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 44.
9 SENATOR FARLEY: I now offer the
10 following amendments.
11 THE PRESIDENT: The amendments
12 are received.
13 SENATOR FARLEY: That's it.
14 THE PRESIDENT: Senator Skelos.
15 SENATOR SKELOS: Madam President,
16 I believe there are substitutions at the desk,
17 if we could make them at this time.
18 THE PRESIDENT: There are,
19 Senator Skelos.
20 The Secretary will read.
21 THE SECRETARY: On page 43,
22 Senator Maziarz moves to discharge, from the
23 Committee on Labor, Assembly Bill Number 4397
24 and substitute it for the identical Senate
25 Bill Number 4946, Third Reading Calendar 429.
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1 On page 77, Senator Morahan moves
2 to discharge, from the Committee on Local
3 Government, Assembly Bill Number 8697A and
4 substitute it for the identical Senate Bill
5 Number 5734A, Third Reading Calendar 1109.
6 On page 91, Senator Meier moves to
7 discharge, from the Committee on Social
8 Services, Children and Families, Assembly Bill
9 Number 8652A and substitute it for the
10 identical Senate Bill Number 5754B, Third
11 Reading Calendar 1264.
12 And on page 95, Senator DeFrancisco
13 moves to discharge, from the Committee on
14 Finance, Assembly Bill Number 11223 and
15 substitute it for the identical Senate Bill
16 Number 7867, Third Reading Calendar 1308.
17 THE PRESIDENT: Substitutions
18 ordered.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 there's a Resolution 5526 at the desk by
22 Senator Maziarz. If we could have the title
23 read and move for its immediate adoption.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: By Senator
2 Maziarz, Legislative Resolution Number 5526,
3 commending Tyler Hasstings upon the occasion
4 of receiving Honorable Mention in the 2006
5 Essay Contest of the Disabilities Awareness
6 Program sponsored by the New York State
7 Commission on Quality of Care and Advocacy for
8 Persons with Disabilities.
9 THE PRESIDENT: All in favor
10 please signify by saying aye.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed, nay.
13 (No response.)
14 THE PRESIDENT: The resolution is
15 adopted.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 there's a Resolution 5584, by Senator Maziarz,
19 at the desk. If we could have the title read
20 and move for its immediate adoption.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Maziarz, Legislative Resolution Number 5584,
25 honoring Chief Thomas J. Roche upon the
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1 occasion of his retirement from the Gates
2 Police Department.
3 THE PRESIDENT: All in favor of
4 the resolution please signify by saying aye.
5 (Response of "Aye.")
6 THE PRESIDENT: Opposed, nay.
7 (No response.)
8 THE PRESIDENT: The resolution is
9 adopted.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 there's a resolution at the desk by Senator
13 Bonacic. If we could have it read in its
14 entirety and move for its immediate adoption.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: By Senator
18 Bonacic, legislative resolution commending the
19 Valedictorians, Salutatorians and Honored
20 Students of the 42nd Senate District, in
21 recognition of their outstanding
22 accomplishments, at a celebration to be held
23 at the State Capitol on June 5, 2006.
24 "WHEREAS, It is the sense of this
25 Legislative Body to act, in accord with its
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1 long-standing traditions, to honor the youth
2 of today, the leaders of tomorrow, whose
3 character and achievements exemplify the
4 ideals and values cherished by this great
5 state and nation; and
6 "WHEREAS, This Legislative Body is
7 justly proud to recognize and commend the high
8 achievements of these dedicated students in
9 the 42nd Senate District on the occasion of a
10 special celebratory visit to the State Capitol
11 in Albany, New York, on Monday, June 5, 2006.
12 At this time the Valedictorians,
13 Salutatorians, and Honored Students who have
14 been selected by their school leadership for
15 outstanding community service will receive
16 special recognition from the Senate in the
17 Senate Chamber. Lunch will be served on the
18 third-floor Terrace of the Legislative Office
19 Building, followed by a tour of the State
20 Capitol; and
21 "WHEREAS, These Valedictorians,
22 Salutatorians and Honored Students represent
23 the best of developed potential inherent in
24 our most precious resource, our youth. Their
25 achievements have brought enduring honor to
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1 their families and communities and should be
2 recognized and saluted; and
3 "WHEREAS, The Valedictorians who
4 are being commended today for their
5 outstanding academic performances and
6 exemplary achievements include: Adam Barrett,
7 Megan Lesperence, Kathleen Kline, Jolene
8 Dechow, Kyle Anthony, Richelle Blauvelt, Brody
9 Ehrlich, Francesca Bevilacqua, Melissa
10 Gardner, Michael Parry, Julia Perzley, Erin
11 Slaver, Caroline Price, Claire Cella, Joseph
12 Palazzo, Jon Tveit, Christina Makram, John
13 Garry, Gina Fullam, Emily Cole, Carl Davidson,
14 Jessica Koonz, Angela Niforatos, Kristina
15 Perazone, Kelli Huggins, Nicholas Malgieri,
16 Allison Griffith, Amanda Hanselman, Katelin
17 Meehan, Eleanor Bryan, Danielle Musa, Gregory
18 Raymond and Kevin Groover; and
19 "WHEREAS, The Salutatorians who are
20 being commended today for their outstanding
21 academic performances and exemplary
22 achievements include: Josh Weaver, Annabel
23 Kugler, Johanna Sluiter, Courtney Hoyt, Andrea
24 Boyar, Meredith Mirrer, Lisa Scheinman, Jael
25 Schlafer, Nicole Hartz, David Kelley, Juliana
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1 Guarente, Marshall Isseks, Miranda Zeininger,
2 Russell White, Peter Baltera, Susan Barnes,
3 Zachary Bialecki, Matthew Wilsey, Lauren
4 Manganiello, Adrian Ward, Stephanie Brock,
5 Tammy Schaaffe, James Harris, Jr., Kelly
6 Paden, Christopher Ransford, Emily Jeanne
7 Gage, David Lundgren, Joe Garigliano, Benjamin
8 Baker, and Bethany George; and
9 "WHEREAS, The Honored Students who
10 are being commended today and who have been
11 selected by their school leadership for
12 outstanding school or community service
13 include: Kerri Gilley, Amanda Gutliph, Sarah
14 Doran, Mara Phelan, Sarah Kochik, Amanda
15 Scott, Pranali Trivedi, Heather Hoag, Joe
16 D'Abbraccio, Scott Milici, Sara Rink,
17 Christopher Mikesh, Kendra Harris, Emily
18 Suttmeier, Christine Meno, Bryan Mang, Kyle
19 Knoetgen, Adam Nebzydoski, James Walsh and
20 Erin Anderson; and
21 "WHEREAS, These Valedictorians,
22 Salutatorians, and Honored Students may now
23 stand with pride as they assess their
24 achievements, experience the satisfaction of
25 their labors and the joy of their
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1 accomplishments, eager to face the new
2 experiences of a challenging world; now,
3 therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to commend the
6 Valedictorians, Salutatorians, and Honored
7 Students of the 42nd Senate District, in
8 recognition of their outstanding
9 accomplishments at a celebration to be held at
10 the State Capitol on June 5, 2006; and be it
11 further
12 "RESOLVED, That copies of this
13 resolution, suitably engrossed, be transmitted
14 to the aforementioned Valedictorians,
15 Salutatorians and Honored Students."
16 THE PRESIDENT: Senator Bonacic.
17 SENATOR BONACIC: Thank you,
18 Madam President.
19 First of all, I'd like to welcome
20 all of our honored students, parents,
21 educators and friends to the Senate chambers.
22 We had a wonderful day today. It's a day that
23 I always look forward to.
24 We had a seminar -- I'll call it a
25 seminar -- we had four speakers. We had our
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1 Lieutenant Governor come, who spoke eloquently
2 to the group. And we had 40 boxes of pizza.
3 I want you to know you did a good job. It was
4 all low-cal.
5 But you are our best and brightest
6 from our Senate district. I would ask you to
7 consider coming back to New York to live here,
8 work here, and raise your family and make life
9 better for the next generation and keep
10 New York strong and keep America strong.
11 You are our future. And I'm glad
12 that you are our future, because I know we
13 will be better as we go forward having
14 students such as yourselves. Thank you for
15 being here.
16 Thank you, Madam President.
17 THE PRESIDENT: All in favor of
18 the resolution please signify by saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: The resolution is
23 adopted.
24 Congratulations. We're so proud
25 and in awe of all of you. Best wishes for
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1 continued success.
2 (Applause.)
3 THE PRESIDENT: Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 I believe Senator Marcellino has motions.
6 THE PRESIDENT: Senator
7 Marcellino.
8 SENATOR MARCELLINO: Thank you,
9 Madam President.
10 I offer amendments to the following
11 Third Reading Calendar bills:
12 Myself, page 33, Calendar Number
13 165, Senate Print Number 1286D;
14 Senator LaValle, page number 33,
15 Calendar 172, Senate Print Number 1092A;
16 Senator Maziarz, page number 36,
17 Calendar Number 215, Senate Print Number
18 3209A;
19 Senator Alesi, page number 50,
20 Calendar Number 609, Senate Print Number 1078;
21 Senator LaValle, page number 51,
22 Calendar Number 662, Senate Print Number 2450;
23 Senator Marchi, page 52, Calendar
24 Number 667, Senate Print Number 5418;
25 Senator Seward, page 52, Calendar
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1 Number 694, Senate Print Number 6677;
2 Senator Nozzolio, page 57, Calendar
3 Number 775, Senate Print Number 7221;
4 Myself, page number 57, Calendar
5 Number 777, Senate Print Number 2851;
6 Senator Saland, page number 61,
7 Calendar Number 856, Senate Print Number 6290;
8 Senator Nozzolio, page number 62,
9 Calendar Number 858, Senate Print Number 7234;
10 Senator Nozzolio, page number 65,
11 Calendar Number 903, Senate Print Number 6699.
12 Madam President, I now move that
13 these bills retain their place on the order of
14 third reading.
15 THE PRESIDENT: The amendments
16 are received, and the bills will all retain
17 their place on the Third Reading Calendar.
18 Senator Rath.
19 SENATOR RATH: Madam President,
20 amendments are offered to the following Third
21 Reading Calendar bills:
22 Sponsored by Senator Robach, page
23 67, Calendar Number 936, Senate Print Number
24 7597;
25 By Senator Morahan, page number 67,
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1 Calendar Number 937, Senate Print 7664A;
2 Senator Seward, page 67, Calendar
3 Number 945, Senate Print Number 6474A;
4 Senator Fuschillo, page 69,
5 Calendar 987, Senate Print 7562;
6 Senator Young, page 71, Calendar
7 1019, Senate Print 7213;
8 Senator LaValle, page 79, Calendar
9 1124, Senate Print 2862B;
10 Senator Farley, page 84, Calendar
11 1182, Senate Print 7428;
12 Senator Morahan, page 88, Calendar
13 Number 1239, Senate Print 6964;
14 Senator Morahan, page 91, Calendar
15 Number 1268, Senate Print 7652;
16 Senator Spano, page 94, Calendar
17 1296, Senate Print 3278;
18 Senator Leibell, page number 96,
19 Calendar 1314, Senate Print 3798;
20 Senator Seward, page 97, Calendar
21 1324, Senate Print 7899.
22 Madam President, I now move that
23 these bills retain their place on the order of
24 third reading.
25 THE PRESIDENT: The amendments
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1 are received, and the bills will retain their
2 place on the Third Reading Calendar.
3 Senator Nozzolio.
4 SENATOR NOZZOLIO: Thank you,
5 Madam President.
6 On page number 52, I offer the
7 following amendments to Calendar Number 685,
8 Senate Print Number 6706, and ask that said
9 bill retain its place on Third Reading
10 Calendar, on behalf of Senator Morahan.
11 THE PRESIDENT: The amendments
12 are received, and the bill will retain its
13 place on the Third Reading Calendar.
14 Senator Skelos.
15 SENATOR SKELOS: Madam President,
16 if we could go to the noncontroversial reading
17 of the calendar.
18 THE PRESIDENT: The Secretary
19 will read.
20 THE SECRETARY: Calendar Number
21 16, by Senator Meier, Senate Print 4301A, an
22 act to amend the Criminal Procedure Law.
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, 56. Nays,
5 1. Senator Duane recorded in the negative.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 66, by Senator Rath, Senate Print 5839, an act
10 to amend the Penal Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of
15 November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 95, by Senator LaValle, Senate Print 3658A, an
23 act to amend the Environmental Conservation
24 Law and the Public Lands Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 60th day.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 152, by Senator LaValle, Senate Print 279A, an
11 act to amend the Tax Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 6. This
15 act shall take effect on the first day of a
16 sales tax quarterly period.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 371, by Senator Golden, Senate Print 2197B, an
24 act to amend the General Business Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE PRESIDENT: Senator Golden,
7 to explain your vote.
8 SENATOR GOLDEN: On the bill,
9 Madam President.
10 This bill today that we're passing,
11 the cyber-cafe bill, would look to these
12 businesses that operate within New York City
13 and allow for the jurisdictions outside of
14 New York City to opt in, to regulate these
15 facilities as to 13-, 14-, 15-year-old
16 children in these facilities during school
17 hours and at 1:00, 2:00, 3:00, 4:00 o'clock in
18 the morning when they should not be in these
19 locations unsupervised.
20 This cyber-cafe bill will address
21 those concerns and start to regulate those
22 cyber-cafes so that our children are
23 supervised and there are responsible people
24 running these locations and that they are
25 accountable, with a license that would be
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1 renewed every two years.
2 I also have with me today, up in
3 the balcony here, a school. These children
4 don't spend any time in these cyber-cafes, as
5 you will hear.
6 This one child that I have here,
7 from I.S. 30 from Brooklyn, Natalie Van Tyne,
8 she is the winner of the "Senator For A Day"
9 contest in Brooklyn. And she is here with her
10 father, her mother, her brother, her sister.
11 She is here with her class and her teacher
12 from I.S. 30, Adrian Lyss.
13 And we welcome them here today
14 because Adrian taught this class well in how
15 to enter into this contest. And Natalie
16 became a winner out of thousands of essays,
17 250-word essays or more, that were submitted.
18 She was above and beyond in her performance,
19 in the way she spoke, in the way she addressed
20 the judges and spoke of reducing overcrowding
21 in our schools. And she did an outstanding
22 job.
23 I want to thank her, I want to
24 thank I.S. 30, and I want to thank her family
25 for their dedication and being able to get
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1 into this contest and to be the winner out of
2 the many thousands of kids that participated
3 in Brooklyn.
4 So I'd ask my colleagues to join me
5 in congratulating this young lady and her
6 family and her classroom. Thank you.
7 (Applause.)
8 THE PRESIDENT: You will be
9 recorded as voting in the affirmative, Senator
10 Golden.
11 Senator Sabini, to explain your
12 vote.
13 SENATOR SABINI: Thank you, Madam
14 President.
15 I just rise in support of the bill.
16 This is an industry that government has to
17 catch up with. These cafes have sprung to
18 prominence in the last six or seven years.
19 And one of the things that perhaps
20 adults don't know about is that part of the
21 attraction of some of these cafes are
22 linked-up games, linked-up games from other --
23 within a computer network that young people
24 are taking off from school or playing after
25 school.
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1 These games are violent, they're
2 bloody, they're often tinged with racism and
3 bigotry. And people who are making money off
4 these should be held to a standard that
5 requires them to at least police their own
6 operation and make sure that there is some
7 sort of standard not to promote violence, not
8 to promote bigotry, not to promote things that
9 kids shouldn't be doing in their off-hours,
10 never mind some of the young people who are
11 doing this on-hours.
12 So I want to congratulate Senator
13 Golden for his persistence in moving this
14 legislation. I'll be voting aye.
15 THE PRESIDENT: You will be
16 recorded as voting in the affirmative, Senator
17 Sabini.
18 The Secretary will announce the
19 results.
20 THE SECRETARY: Ayes, 56. Nays,
21 1. Senator Libous recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 385, by Senator Spano, Senate Print 4155B, an
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1 act to amend the Vehicle and Traffic Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 6. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 389, by Senator Maziarz, Senate Print 6225A,
13 an act providing for the Commissioner of
14 Transportation.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 429, substituted earlier today by Member of
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1 the Assembly Ortiz, Assembly Print Number
2 4397, an act to amend the Workers'
3 Compensation Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 506, by Senator Seward, Senate Print 3087B, an
15 act to amend the Insurance Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 90th day.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 597, by Senator DeFrancisco, Senate Print
2 7011A, an act to amend the Public Officers
3 Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: Senator
11 DeFrancisco, to explain your vote.
12 SENATOR DeFRANCISCO: Yes, I'm
13 explaining my "yes" vote.
14 I think this is an important piece
15 of legislation, because over the years we've
16 expanded the materials that are available
17 under the Freedom of Information Law.
18 The problem was when there was
19 noncompliance, there was no real remedy. And
20 this remedy allows courts, if they choose, to
21 award attorney's fees to the party who brings
22 the action to be able to enforce their right
23 to obtain information.
24 Many of us know, in the Freedom of
25 Information context, sometimes incomplete
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1 information is given, sometimes inordinate
2 delays take place. This, in the short term,
3 will give a remedy so that the requester
4 doesn't have to pay for the attorney's fees.
5 And for those who complain about
6 attorney's fees, I don't think there's too
7 many lawyers who are going to make a living
8 off of this type of litigation. But it gives
9 the recipient the right to obtain this
10 information and not be hurt financially.
11 Lastly, over the long term what it
12 does is that it's less likely that information
13 will be withheld or inordinately delayed
14 because the agencies, once they get hit with a
15 bill from the court for attorney's fees,
16 they're going to be more likely to comply with
17 what they're required to do anyway.
18 So I think it's an important bill
19 that puts teeth in the rights of citizens to
20 obtain information.
21 Thank you, Madam President.
22 THE PRESIDENT: And you will be
23 recorded, Senator DeFrancisco, as voting in
24 the affirmative on this bill.
25 Senator Valesky, to explain your
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1 vote.
2 SENATOR VALESKY: Thank you,
3 Madam President.
4 I rise in support of this bill and
5 to commend Senator DeFrancisco for his
6 leadership efforts on this measure. It is
7 certainly a commonsense thing that we ought to
8 be doing, and it's a good thing that we're
9 passing this bill today.
10 I would suggest, though, that we
11 ought to go one step further. Presently the
12 Freedom of Information Law, as it applies to
13 executive agencies in state government, there
14 is a presumption that documents are available
15 unless those are -- those that are not are
16 specifically spelled out in the law.
17 The Legislature is just the
18 opposite. I have introduced a bill to bring
19 the Legislature and the application of the
20 Freedom of Information Law to documents
21 generated by the Legislature to at least the
22 same standard as we have in executive agencies
23 of state government. I encourage this body to
24 take that measure up before we adjourn the
25 legislative session.
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1 I vote in the affirmative on this
2 bill.
3 THE PRESIDENT: And you will be
4 so recorded as voting in the affirmative,
5 Senator.
6 The Secretary will announce the
7 results.
8 THE SECRETARY: Ayes, 56. Nays,
9 1. Senator Malcolm Smith recorded in the
10 negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 598, by Senator Nozzolio, Senate Print 1973D,
15 an act to amend the Energy Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 666, by Senator Larkin, Senate Print 854A, an
2 act to amend the Real Property Tax Law.
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, 57.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 684, by Senator Libous, Senate Print 1818A, an
14 act to amend the Mental Hygiene Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Senator Duane, to
22 explain your vote.
23 SENATOR DUANE: Thank you, Madam
24 President.
25 I'm going to be voting in favor of
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1 this bill, which requires the Commission of
2 Care and Advocacy for Persons With
3 Disabilities in order to review programs of
4 the Commission for the Blind and Visually
5 Handicapped. And this is a good bill, and we
6 should do everything in our power to help
7 those with visual impairments.
8 But I imagine that especially if a
9 person finds out later in life that they
10 have -- that they are getting a visual
11 impairment or that they are going blind, that
12 that would cause a tremendous amount of
13 anxiety and probably depression.
14 And ironically, here we would have
15 someone with a visual handicap who also
16 potentially would be very depressed about
17 that, which is a mental illness. And who
18 knows how they would treat it if they couldn't
19 get the professional help they needed -- maybe
20 through alcohol or some other chemical
21 substance to try to take the edge off of the
22 depression because of the beginning of a
23 handicap.
24 But even more ironically, while
25 they may be able to get special services
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1 because of their visual impairment, most
2 likely they wouldn't be able to get help for
3 the mental illness of aggression or anxiety
4 that might go along with it, because we still
5 haven't passed Timothy's Law.
6 Now, here we are the beginning of
7 June, session is winding down. And I have to
8 say it's getting pretty darn embarrassing that
9 this body refuses to take up such an important
10 piece of legislation that really would help
11 New Yorker.
12 So while I'm voting for this bill,
13 I hope -- and really, at this point, I'm going
14 to have to start to demand that we get
15 Timothy's Law on the floor here so that we can
16 vote in favor of it.
17 Thank you, Madam President.
18 THE PRESIDENT: You will be
19 recorded as voting in the affirmative,
20 Senator.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: Ayes, 57.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 688, by Senator Young, Senate Print 6820A, an
3 act to amend the Parks, Recreation and
4 Historic Preservation Law.
5 SENATOR SKELOS: Lay it aside for
6 the day.
7 THE PRESIDENT: The bill is laid
8 aside for the day.
9 THE SECRETARY: Calendar Number
10 813, by Senator Bonacic, Senate Print 6521A,
11 an act to amend the Public Authorities Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 30th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 863, by Senator Balboni, Senate Print 7358A,
23 an act to amend the Eminent Domain Procedure
24 Law.
25 SENATOR DUANE: Lay it aside,
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1 please.
2 THE PRESIDENT: The bill is laid
3 aside.
4 THE SECRETARY: Calendar Number
5 880, by Senator Skelos, Senate Print 7450, an
6 act to amend the General Business Law.
7 SENATOR SKELOS: Lay it aside for
8 the day.
9 THE PRESIDENT: The bill is laid
10 aside for the day.
11 THE SECRETARY: Calendar Number
12 887, by Senator Stachowski, Senate Print 1604,
13 an act to amend the Penal Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of
18 November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 897, by Senator Padavan, Senate Print 3914B,
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1 an act to amend the Penal Law, the Executive
2 Law, the Civil Practice Law and Rules, and the
3 Criminal Procedure Law.
4 THE PRESIDENT: Read the last
5 section.
6 SENATOR DUANE: Lay it aside,
7 please.
8 THE PRESIDENT: The bill is laid
9 aside.
10 THE SECRETARY: Calendar Number
11 905, by Senator Volker, Senate Print 6753, an
12 act to amend the Civil Practice Law and Rules.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 60th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 917, by Senator Morahan, Senate Print 706, an
24 act to amend the Military Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 976, by Senator Skelos, Senate Print 7086B, an
11 act to authorize.
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, 56. Nays,
19 1. Senator Bonacic recorded in the negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 984, by Senator Saland, Senate Print 7314A, an
24 act to authorize.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 995, by Senator LaValle, Senate Print 1477A,
11 an act to amend the Business Corporation Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 13. This
15 act shall take effect on the first of January.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1001, by Senator Spano, Senate Print 5747A, an
23 act to amend the Public Authorities Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1109, substituted earlier today by the
10 Assembly Committee on Rules, Assembly Print
11 Number 8697A, an act to amend the Real
12 Property Tax Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1044, by Senator Wright, Senate Print 5005D,
24 an act to amend the Penal Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the first of
4 November.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1070, by Senator Maziarz, Senate Print 7329A,
12 an act to amend the Highway Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 30th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1178, by Senator DeFrancisco, Senate Print
24 7217A, an act to amend the Executive Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1196, by Senator Larkin, Senate Print 7259, an
11 act to amend the General Business Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1204, by Senator Fuschillo, Senate Print 783,
23 an act to amend the Penal Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 4. This
2 act shall take effect on the first of
3 November.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56. Nays,
7 1. Senator Montgomery recorded in the
8 negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1205, by Senator Fuschillo, Senate Print 788,
13 an act to amend the Penal Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of
18 November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1207, by Senator Alesi, Senate Print 971, an
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1 act to amend the Penal Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act --
6 SENATOR DUANE: Lay it aside,
7 please.
8 THE PRESIDENT: The bill is laid
9 aside.
10 THE SECRETARY: Calendar Number
11 1213, by Senator Volker, Senate Print 3712, an
12 act to amend the Penal Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of
17 November.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1264, substituted earlier by the Assembly
25 Committee on Rules, Assembly Print Number
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1 8652A, an act to amend the Domestic Relations
2 Law and the Civil Practice Law and Rules.
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, 57.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1308, substituted earlier today by Member of
14 the Assembly Weinstein, Assembly Print Number
15 11223, an act to amend Chapter 203 of the Laws
16 of 2004.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 THE PRESIDENT: The bill is
25 passed.
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1 Senator Skelos, that completes the
2 noncontroversial reading of the calendar.
3 SENATOR SKELOS: Thank you, Madam
4 President. If we could go to the
5 controversial reading.
6 THE PRESIDENT: The Secretary
7 will ring the bell.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 863, by Senator Balboni, Senate Print 7358A,
11 an act to amend the Eminent Domain Procedure
12 Law.
13 SENATOR DUANE: Explanation,
14 please.
15 THE PRESIDENT: Senator Balboni,
16 an explanation has been requested.
17 SENATOR BALBONI: Thank you very
18 much, Madam President.
19 This is a bill that is in response
20 to many things -- some of them the Supreme
21 Court case of the Kelo decision, some of them
22 the specific circumstances that have occurred
23 down in my district.
24 But essentially, what this involves
25 is a change that has overcome our society. It
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1 used to be that in the times of kings and
2 queens, a feudal lord would be sent out to go
3 and seize property. Well, today we just use
4 eminent domain.
5 And that's exactly what's happened,
6 that we have taken eminent domain and we've
7 changed its application. And I believe that
8 that is an overreaching of the intent of the
9 law, and this bill seeks to change it. And
10 here are some of the reasons why.
11 First off, the bill is very
12 specific. It only affects the town of North
13 Hempstead. And that is because the town of
14 North Hempstead is very environmentally
15 sensitive. It has extensive groundwater
16 protection areas. And when you take a large
17 facility, like say a golf course, and you take
18 it off the rolls and perhaps you're going to
19 use it to develop it, then you will endanger
20 the groundwater protection area.
21 Second, you'll have an impact on
22 the real property taxpayers, because you'll
23 take property that is currently on the tax
24 rolls and then you'll take it off for a
25 municipal purpose, and that will have a
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1 dramatic effect on places like school
2 districts.
3 And lastly, I believe that this is
4 something that we need to have a break on.
5 You know, this is America, folks. And
6 normally when you want to lose your property,
7 you want to lose it for getting lots of nice
8 money that you decide to sell. And what this
9 bill does not do is curtail the ability of any
10 municipality to enter into a negotiated
11 settlement where property is acquired.
12 Thank you, Madam President.
13 THE PRESIDENT: Senator
14 Montgomery.
15 SENATOR MONTGOMERY: Yes, Madam
16 President. I rise to support Senator
17 Balboni's legislation --
18 THE PRESIDENT: To speak on the
19 bill?
20 SENATOR MONTGOMERY: To speak on
21 the bill.
22 THE PRESIDENT: Go ahead.
23 SENATOR MONTGOMERY: And to
24 support his legislation.
25 The only problem that I have with
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1 this legislation, Madam President, is that
2 Senator Balboni has taken care of the feudal
3 lord -- is that what you call them? -- in his
4 own district, but not the one in mine. So I'm
5 unhappy about that.
6 (Laughter.)
7 SENATOR MONTGOMERY: Now, I
8 understand that this process is supposed to be
9 a process which allows government to be able
10 to acquire property for the purpose of public
11 benefit. However, as Senator Balboni has --
12 his bill addresses, we now have a situation
13 where the acquisition of private property for
14 other private economic development, quote,
15 unquote, purposes is just a matter of course.
16 So we no longer have the protection of private
17 property owners that is assumed in our
18 Constitution. And I think that Senator
19 Balboni's legislation goes in the right
20 direction to correct that.
21 I would just like to point out that
22 there are other members in this house who do
23 have legislation that would perhaps go further
24 than Senator Balboni's, and I hope that we're
25 going to be considering those bills.
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1 I note that Senator Flanagan has
2 several bills that he has introduced to, one,
3 require compensation of up to 150 percent of
4 the fair market value so that property owners
5 would receive fair value for their property.
6 He also would create a temporary commission,
7 state commission, to examine the appropriate
8 constitutional standard for condemnation
9 proceedings which would be used for economic
10 development. I think that's what we should
11 do, at least, in the least, is establish a
12 commission to study this issue.
13 And let me just also add that I
14 also have a bill, which is very, very simple.
15 It would grant the City Council of the City of
16 New York the authority to approve or
17 disapprove, via majority vote, on any decision
18 to do eminent domain in the City of New York.
19 And it would require at least one official
20 public hearing so that citizens in the City of
21 New York would have an opportunity to respond.
22 That's only a very small number,
23 limited number, a number of us have
24 legislation on because we care about this.
25 And, Madam President, I hope that this is just
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1 the beginning by this Legislature to examine
2 and to correct what is going on in our state,
3 in the counties and cities across, where we
4 have the transfer of property from private
5 property owners to people who want to build
6 stadiums and malls and other so-called
7 economic development projects at the expense
8 of private owners in our state.
9 Thank you. I'm supporting this
10 legislation. Thank you.
11 THE PRESIDENT: Does any other
12 member wish to be heard?
13 Senator Krueger.
14 SENATOR LIZ KRUEGER: Thank you,
15 Madam President. On the bill.
16 THE PRESIDENT: You may proceed
17 on the bill.
18 SENATOR LIZ KRUEGER: Thank you.
19 Well, as I read the bill and
20 listened to Senator Balboni's explanation, it
21 involves a golf course in a town in his
22 district, and it seems to be an eminent domain
23 fight between the rich and the richer over who
24 gets to have the golf course. And I will
25 support the bill.
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1 But again to highlight what Senator
2 Montgomery was raising, eminent domain is a
3 very serious issue in the State of New York.
4 And there are debates going on throughout the
5 State of New York about whether our law in
6 fact is appropriate in the 21st century and
7 whether we in the New York State Legislature
8 have sat by while local governments have too
9 broadly interpreted their powers of use of
10 eminent domain, where some of us believe the
11 State of New York has too broadly allowed
12 eminent domain, under the auspices of public
13 authorities and even IDAs using eminent domain
14 to take the property of others.
15 So I have to tell you that I'm
16 concerned that at the closing of session in
17 2006 it appears so far the only eminent domain
18 bill we're dealing with is one subspecific to
19 a golf course in a town.
20 And Senator Montgomery raised her
21 bill, which basically calls for public
22 hearings and the participation of the local
23 government.
24 I wanted to reference Senator
25 DeFrancisco's bill, which quite a few members
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1 have signed on to, 5938, which I think does an
2 excellent job of clarifying where we ought to
3 go in eminent domain reform in New York State.
4 The original concept of eminent
5 domain was the recognition that there are
6 occasions when government -- for public, good
7 purposes -- needs to take private property.
8 And the concept behind it is that when they
9 need to take private property, they will of
10 course give fair reimbursement to the owners.
11 And the original intent of eminent
12 domain was so that you could assure that you
13 could build highways and have public
14 transportation that needed to go through areas
15 that you might need to take property for
16 pumping stations, for water works, for
17 reservoirs, for jails and police and fire
18 stations, for city halls and other public
19 buildings. For cemeteries, conceivably. For
20 parks and playgrounds. For putting in sewers
21 and pipelines and aqueducts.
22 I don't think we ever imagined the
23 golf course as one of the critical public
24 issues facing us in the taking of land. But
25 as we know, in the last year and a half we had
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1 a Supreme Court case, Kelo v. the City of New
2 London, that some people interpreted as saying
3 the Supreme Court of the United States said
4 anything in eminent domain is okay.
5 That is a misreading of the Kelo
6 case. The Kelo case said this is a state's
7 decision, not a federal government decision;
8 hence, under that Connecticut law, what was
9 happening was considered allowable by the U.S.
10 Supreme Court.
11 But I would argue that the U.S.
12 Supreme Court actually said to us, in all 50
13 states: It is your obligation to go back and
14 reevaluate how you are using eminent domain in
15 your states, whether in fact you are violating
16 your original intent for the use of eminent
17 domain.
18 I would argue that on case after
19 case in New York, if we were to take a hard
20 look at the facts, we might all agree, both
21 sides of the aisle, that we have gone too far,
22 that we are not correctly interpreting eminent
23 domain under our state law as was the original
24 intention of the purpose for public good. And
25 that we should be, today, on this floor,
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1 actually discussing any number of eminent
2 domain bill proposals.
3 But I'd be happy if we were just
4 dealing with Senator Montgomery's bill as she
5 spoke on, S5949, and Senator DeFrancisco's
6 5938.
7 We have a few days left in session
8 this year. I hope perhaps we might see these
9 bills on the floor, because I think that the
10 people of New York deserve us to evaluate what
11 is going on in eminent domain law in the State
12 of New York. And that each of us might have
13 stories about what we believe our local
14 outrage is in our own districts under the
15 current statute.
16 So I will support the bill. But
17 again, we have much bigger issues than just
18 golf courses to deal with in this state.
19 Thank you, Madam President.
20 THE PRESIDENT: The debate is
21 closed.
22 The Secretary will ring the bell.
23 Senator Skelos.
24 SENATOR SKELOS: Before we read
25 the last section, I just want to of course
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1 welcome back Senator Hassell-Thompson.
2 Welcome back, and we're glad you're
3 feeling better.
4 (Extended applause.)
5 THE PRESIDENT: Thank you,
6 Senator Skelos.
7 I know we are very happy to see you
8 back. You look great. And I think you wanted
9 to say something.
10 SENATOR HASSELL-THOMPSON: Thank
11 you, Madam President. And thank you, Senator
12 Skelos.
13 I left in February to go to have
14 what I thought was a very simple surgical
15 procedure. And I guess I forgot that being 63
16 is not the same as being 23; the bones don't
17 knit quite as quickly.
18 But barring some complications, I'm
19 back, and I want to just say I thank you --
20 many of you called, almost every one of you
21 sent me a note, flowers, some greeting -- some
22 way of saying thank you very much.
23 In the Democratic conference
24 earlier today, I made the statement -- and I
25 don't want people to think I'm being
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1 redundant -- but unless you've been to a very
2 dark place in your life, you don't know what
3 it means to come back from that. And I think
4 that a lot of people in this room are
5 responsible for helping me to come back,
6 helping me to know that illness is not the
7 worst thing. And it helped me get through
8 some very dark times.
9 And Carl Marcellino, I didn't think
10 you liked me as much.
11 (Laughter.)
12 SENATOR HASSELL-THOMPSON: But I
13 want to thank you. I want to thank every one
14 of you who remembered me and sent me some
15 greeting, some acknowledgment.
16 And my daughter wanted to know why
17 was Senator Volker calling me so much.
18 (Laughter.)
19 SENATOR HASSELL-THOMPSON: And I
20 said because he's one of my best friends.
21 And I'll tell you that when it
22 really comes down to it, when you're in a
23 position of governance and you really
24 understand what that means, it isn't about
25 party, but it is about decency and respect.
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1 And I -- and I appreciate the respect that I
2 have been shown since I've been in the Senate
3 chambers.
4 And I thank you, Madam President.
5 (Applause.)
6 SENATOR SKELOS: Madam President,
7 I would also like to point out that it's nice
8 to see a Senator sitting in their chair when
9 there are flowers on the desk.
10 (Laughter.)
11 THE PRESIDENT: Oh, absolutely.
12 We'll all second that.
13 SENATOR SKELOS: If we could read
14 the last section, please.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Senator
22 DeFrancisco, to explain your vote.
23 SENATOR DeFRANCISCO: Yes, I
24 support the bill. But it is -- I agree that
25 it's an incomplete solution to the eminent
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1 domain problem.
2 I know Senator Alesi had hearings
3 all throughout the state, we had a hearing
4 here in Albany, and there's been
5 recommendations by the Bar Association and so
6 forth. But right now, there unfortunately is
7 not a consensus.
8 But we have to pass a bill that
9 ends basically two things, where a
10 governmental agency or in some cases an IDA
11 can actually seize property and the sole
12 justification can be that whatever the new
13 development is going to be, it brings in more
14 tax dollars. I don't think that's what the
15 framers of our Constitution had in mind when
16 they gave government the power to seize
17 property for eminent domain.
18 And the other part of it is is that
19 we've got to have a bill that makes certain
20 that those who have their property seized for
21 a legitimate government purpose are properly
22 compensated. This issue has expanded so much
23 that the government really has total control
24 of whose property they want to take, and they
25 can give it to another private individual or
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1 entity. And it's just wrong.
2 So hopefully we can get an
3 agreed-upon bill or some common language that
4 we could move as quickly as possible.
5 The Bar Association unfortunately
6 suggested that we appoint a commission and
7 study it. The last time there was a
8 commission appointed to study eminent domain,
9 the first bill that came out was seven years
10 later, and that's when the solution took
11 place. We can't wait that long.
12 So thank you, Madam President. I
13 vote in the affirmative.
14 THE PRESIDENT: You will be so
15 recorded as voting in the affirmative, Senator
16 DeFrancisco.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 863 are
21 Senators Duane and Malcolm Smith.
22 Ayes, 56. Nays, 2.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 897, by Senator Padavan, Senate Print 3914B,
2 an act to amend the Penal Law and others.
3 SENATOR SABINI: Explanation.
4 THE PRESIDENT: Senator Padavan,
5 an explanation has been requested by Senator
6 Sabini.
7 SENATOR PADAVAN: Thank you,
8 Madam President.
9 This is the second year we've dealt
10 with this legislation, that deals
11 comprehensively with the horrible modern-day
12 slavery known as human trafficking.
13 The Justice Department tells us
14 that annually there are over 800,000
15 individuals brought across various
16 international borders, primarily women and
17 children, for all kinds of purposes,
18 significantly among them being prostitution,
19 child labor and the like.
20 In our various statutes in our
21 penal code there are provisions for dealing
22 with certain aspects of that activity. But
23 there is no comprehensive bill, law, that
24 brings it all together in a fashion that
25 prosecutors, the attorney general, and other
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1 law enforcement agencies -- primarily, the
2 police department -- can act in dealing with
3 this horrendous problem.
4 We have it in this state, we have
5 it in New York City. From time to time we
6 read stories about those situations. And we
7 must deal with it.
8 This legislation adds Article 136
9 to the Penal Law. It creates the crime of
10 human trafficking, involuntary labor servitude
11 and involuntary sexual servitude, promoting
12 human trafficking, patronizing a trafficking
13 victim, and promoting sex tourism. Sex
14 tourism -- that's where individuals sign up
15 for a tour to go to some foreign country to
16 engage in sexual activity with children.
17 Currently they're immune from prosecution in
18 this state, in this country. This would
19 change that.
20 We deal with the restitution and
21 assistance to trafficking victims. It amends
22 the Executive Law to include trafficking
23 victims in the definition of victim for
24 purposes of crime victim compensation. It
25 amends the Civil Practices Law and Rules to
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1 provide for the seizure and forfeiture of the
2 assets of traffickers and amends the Penal Law
3 and Criminal Procedure Law to include human
4 trafficking as a predicate crime for
5 enterprise corruption.
6 That's the essential aspect of this
7 bill.
8 THE PRESIDENT: Senator Sabini.
9 SENATOR SABINI: Madam President,
10 I believe there's an amendment at the desk.
11 I'd like to waive its reading and be heard on
12 the amendment.
13 THE PRESIDENT: The reading is
14 waived, and you can be heard on the amendment.
15 SENATOR SABINI: Madam President,
16 Senator Padavan has a very good piece of
17 legislation here dealing with human
18 trafficking. We've read Bob Herbert's
19 compelling piece in The Times the other day.
20 The amazement that New York State hasn't moved
21 forward with a law on this should be obvious
22 to everyone. So it's a good piece of
23 legislation.
24 I have an amendment I think makes
25 it a little better, because it not only goes
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1 towards the combatting of human trafficking
2 but deals with the human aspect of it, and
3 that is the victim, the person who's brought
4 here unsuspectingly from another country to
5 the promise of America, the golden door, the
6 land of milk and honey. And then they're
7 forced into a situation of slavery and
8 servitude, and under horrible conditions, in
9 places like in my district, where we've had
10 these instances time and time again.
11 What my bill does is offer a
12 package of services to those who are the
13 victims. Penalties are important too, and I
14 support them and I intend to vote for the
15 bill. But my amendment would provide for
16 services for trafficking of persons within the
17 Office of Temporary and Disability Assistance.
18 It would call for the creation of an
19 interagency advisory committee and a forum for
20 collaboration of all state agencies and
21 service providers to develop state policies
22 for the victims.
23 Some of the victims face
24 deportation, as Senator Padavan's bill allows
25 people to sue. These are not people who are
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1 going to have access to quick legal work in
2 the country they're deported to.
3 The demand for prostitution in
4 New York and in areas where we have lots of
5 day laborers is large. We have lots of men
6 who come to America and to New York in
7 particular to find work, sometimes to send it
8 back home to their families. They have needs;
9 they seek out prostitutes. Women are brought
10 in here, trafficked, under coercion. Once
11 they're here, they're forced into a situation
12 of slavery.
13 There was a situation recently in
14 Senator Morahan's district, in Spring Valley,
15 where there were prostitution arrests made of
16 young women, underage and at the age of
17 majority, taken into custody by the U.S.
18 Immigration Service. It's likely they'll be
19 returned to Mexico and Guatemala and their
20 countries of origin. And who will they meet
21 there when they get back? The same people who
22 sent them here in the first place. They'll be
23 shunned, perhaps tortured, perhaps worse.
24 So I think it's important that we
25 do the things we need to do to stop this
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1 trade, but I think it's important that the
2 State of New York step up and offer some
3 services to the people that are victims of it.
4 We have an organization -- you
5 know, my district is a very diverse one, as
6 many know. In neighborhoods like Jackson
7 Heights and Corona, people come from all of
8 the world. We have an agency called Solace;
9 it's a division of the old Victim Services
10 Agency. And they provide a unique service
11 that most people would be amazed is needed.
12 They provide service to people who come from
13 other countries who are victims of torture
14 from other countries, who then have to live
15 here with the horror of what happened to them
16 at their home country.
17 So that if someone came from the
18 former Communist-bloc regime of Albania and
19 saw their parents tortured, they may need
20 psychological training in their native
21 language. Not so easy to find. Or if they
22 saw their children tortured -- or worse -- in
23 a country like China or the Sudan or Ghana,
24 they need those services available in their
25 own language. And that organization, Solace,
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1 does that.
2 I'd like to see that replicated for
3 these victims of human trafficking. So I
4 offer this amendment not in a sense that
5 Senator Padavan's bill is bad -- no, it's
6 good, and I intend to vote for it -- but
7 rather to go to the victim's side of the
8 equation and to get the state to step up to
9 the plate and say we have to do something for
10 these folks. And the amendment is offered in
11 the spirit of helping those victims, Madam
12 President.
13 Thank you.
14 THE PRESIDENT: Senator Padavan.
15 SENATOR PADAVAN: Madam
16 President, first, I appreciate Senator
17 Sabini's support of the bill, the underlying
18 legislation.
19 But I'd like to comfort him in this
20 sense. Everything he talks about -- the need
21 to help those who are the victims, the need to
22 collect information and data so that we can
23 fully understand the nature of the crimes
24 being committed, the need to provide services,
25 the need to interface with federal authorities
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1 between the Attorney General, our police
2 agencies, our Division of Criminal Justice
3 Services, so these individuals would find help
4 to become legalized as residents -- all of
5 that is contained in the bill you have before
6 you.
7 Now, what is not there that Senator
8 Sabini's amendment does provide is the
9 establishment of a separate entity, a new
10 office, a bureaucracy to do all those things.
11 Now, we have a difference of
12 opinion. I think our Division of Criminal
13 Justice Services, the Attorney General's
14 office, our police departments, the federal
15 agencies with whom they are to cooperate under
16 this statute, are sufficient to do the job if
17 we give them the law and the tools to do it
18 with. We need not set up a new entity to
19 supersede what is already in place in terms of
20 structure and assets. That's where we differ.
21 Now, there's one problem we do
22 have. And the problem we have is that this
23 will be the second time we've passed this
24 bill. Assemblyman Dinowitz in the other house
25 has been working very, very diligently with
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1 his bill, which is quite similar, but he's
2 having a great deal of trouble getting it out
3 of the Codes Committee in that house.
4 And that's where we need your help,
5 to give him the assistance to get this thing
6 moving, pass a bill there so we can work out
7 whatever minor differences there are and put
8 it into law. I'd hate to see this session end
9 not having accomplished anything.
10 THE PRESIDENT: Senator Sabini.
11 SENATOR SABINI: Thank you, Madam
12 President. I just want to just amplify
13 Senator Padavan's point about the other house.
14 The victim services piece that I
15 proposed is in the Assembly bill and I think
16 would make it more palatable to both houses if
17 that were there.
18 And secondly, yes, we do have a
19 disagreement in philosophy. My language goes
20 toward social service professionals and not
21 toward the enforcement folks -- who can go to
22 social service professionals, but I believe
23 this is such a unique situation involving
24 people from so many different places on the
25 globe that need so many special services that
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1 it's not just something the Attorney General,
2 the Criminal Justice Division, the police
3 departments, they may not be the most --
4 best-equipped people to deal with the rather
5 complex problems of the victims of this
6 trafficking.
7 So we are talking shades of gray,
8 but I think it's important enough that we go
9 to the root of the problem and try to help the
10 victims of this not just by closing down these
11 rings but making sure that the victims are not
12 lost in the shuffle.
13 So we do have a disagreement of
14 philosophy, but I think this amendment would
15 make it more palatable to the Assembly.
16 Thank you.
17 THE PRESIDENT: On the amendment,
18 those Senators in agreement please signify by
19 raising your hand.
20 THE SECRETARY: Those recorded in
21 agreement are Senators Breslin, Coppola, Diaz,
22 Dilan, Duane, Hassell-Thompson, Klein,
23 L. Krueger, Montgomery, Onorato, Oppenheimer,
24 Parker, Paterson, Sabini, Sampson, Savino,
25 A. Smith, M. Smith, Stachowski, Stavisky and
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1 Valesky.
2 THE PRESIDENT: The amendment is
3 not agreed to.
4 Does any other Senator wish to be
5 heard?
6 Senator Volker.
7 SENATOR VOLKER: Madam President,
8 let me just say, I think Senator Padavan
9 mentioned it, but this bill was the subject of
10 a hearing in New York City. And Senator Duane
11 was there, and a number of people from this
12 house on both sides of the aisle.
13 I have to be honest with you. You
14 know, Senator Sabini, your amendment is fine
15 in a way. That's not what the Assembly's
16 problem is. The Assembly's problem -- and I
17 met with a lot of the major groups in New York
18 City on this while I was there in the city,
19 and since then up here in Albany. Because to
20 me, this is one of the issues that I really
21 believe we should deal with during this
22 session.
23 And the reason is that I don't
24 think any of us realized, until we had the
25 hearing and researched it, the enormity of
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1 this problem. And it's not just in New York
2 City, but the worst of it is in New York City.
3 It appears -- and we're still
4 working with the Assembly to try to work this
5 out. And I am very hopeful that we will be
6 able to do it, because I think this is a
7 problem that needs desperately to be dealt
8 with.
9 But the main reason the Assembly is
10 reluctant to do a bill has to do with
11 penalties. I mean, you know -- and it's
12 not -- I get frustrated sometimes because the
13 same people in the Assembly sometimes who
14 profess to be so tough and profess to be ready
15 to put people in jail then are reluctant, when
16 you get a problem of this nature, to do it.
17 In all honesty, it seems to me that
18 the real trouble has to do with the fact that
19 the Assembly at times would rather find a way
20 to counsel people than put them in jail. But
21 how do you do that with people who are
22 abducting people, kidnapping them and turning
23 them into slaves? It seems to me that that's
24 so abhorrent that we must deal, first of all,
25 with the criminal side.
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1 And the social side has got to be
2 dealt with too. I don't think there's any
3 question that we need to have programs and all
4 that sort of thing. But the first thing you
5 have to do is deal with the fact that people
6 are doing something that is so abhorrent to
7 our society that it needs to be dealt with in
8 the most efficient and the toughest and
9 quickest way possible.
10 And the best way to do that is to
11 pass Senator Padavan's bill or a bill very
12 similar to it. And I would hope that before
13 this session is over, either this part of the
14 session or sometime this year, that we will be
15 able to come to an agreement, because it cries
16 out -- you know, there aren't a lot of issues
17 that cry out, to me, to be done. This is one
18 that does. This and the sexual predator
19 legislation, it seems to me, cries out to be
20 done during this session.
21 So I thank Senator Padavan for his
22 interest, Senator Duane, and a lot of other
23 people in this chamber. This has been an
24 issue that I think has found pretty unanimous
25 support in this house. And I'm going to do
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1 everything I can to make sure that it gets the
2 same kind of support in the Assembly.
3 THE PRESIDENT: The debate is
4 closed.
5 The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 7. This
8 act shall take effect on the first of
9 November.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar Number 897, absent from voting:
14 Senator Gonzalez.
15 Ayes, 57.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1207, by Senator Alesi, Senate Print 971, an
20 act to amend the Penal Law.
21 THE PRESIDENT: Senator
22 Montgomery.
23 SENATOR MONTGOMERY: Madam
24 President, I would like to have a brief
25 explanation.
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1 THE PRESIDENT: Senator Alesi, an
2 explanation has been requested.
3 SENATOR ALESI: Thank you, Madam
4 President. Since I'm recovering from
5 laryngitis, I'd be happy to offer a brief
6 explanation.
7 This bill simply increases the
8 penalties for false personation from a
9 B misdemeanor to an A misdemeanor. And it
10 removes the requirement in existing law that
11 someone who is being questioned has to be
12 informed ahead of time that if they give false
13 information as to their identity that it is a
14 misdemeanor.
15 Thank you very much, Madam
16 President.
17 THE PRESIDENT: Senator
18 Montgomery.
19 SENATOR MONTGOMERY: Yes, thank
20 you, Madam President. On the bill.
21 THE PRESIDENT: You may proceed
22 on the bill.
23 SENATOR MONTGOMERY: Thank you.
24 Madam President, I see that the
25 main thing that I have a huge problem with
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1 with Senator Alesi's legislation is that it
2 contradicts the original intent of the bill
3 that was passed in 1997, I believe, in this
4 Legislature to establish this particular
5 crime. Which is a person is guilty of false
6 personation when, after being informed of the
7 consequences of such act, he or she knowingly
8 misrepresents himself or herself, et cetera.
9 I changed some of the wording.
10 And in fact, the Legislature, in
11 the memorandum in support of that
12 legislation -- and I want to remind people
13 that we were still a Republican controlled
14 Legislature at that time -- and it said
15 specifically in the memo of support that the
16 first element of the crime requires that the
17 subject be informed of the consequences of
18 such act. The concept appears to be to
19 provide the subject with actual notice of the
20 criminal nature of the conduct, both in
21 fairness and in a desire to encourage
22 compliance.
23 So it seems to me that this bill
24 intends to cast aside the original intent of
25 the legislation, which was to establish that
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1 when an officer stops someone, wherever they
2 are, and requests information, and that person
3 may or may not be telling the truth, the
4 officer is obligated to say simply that if you
5 lie to me, there will be consequences. It is
6 a penalty. It is a crime.
7 I don't understand, as I have said
8 in the past when Senator Alesi has introduced
9 this same legislation, why would we remove
10 that requirement from a police officer? It
11 just seems such a simple and straightforward
12 process that the officer automatically would
13 do, that if you break this law there are
14 consequences.
15 I have said in past debates on this
16 bill why I'm opposed to it is because in
17 particular when police officers stop
18 teenagers, which very often happens in my
19 district, I want those police officers to at
20 least be required to let those young people
21 know that whatever they do or say, it can be
22 held against them, that it is a crime even if
23 you lie about your name and address.
24 I don't think that's too much to
25 ask. I have never had any police officer --
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1 and I work with them all the time -- complain
2 to me that this is burdensome, we don't want
3 to do this, it prevents us from doing our job.
4 None of that has ever been spoken about.
5 So I cannot understand what is the
6 purpose of Senator Alesi's bill. In fact, I
7 think that it contradicts the original intent
8 of this, or at least the original concern that
9 we should at least have a fair opportunity for
10 a person to respond to a police officer.
11 And furthermore, he raises the
12 penalty from a B to an A. And I think that's
13 also a problem for me, because in the case of
14 young people we don't want to be increasing
15 the penalties.
16 There is a lot of discussion these
17 days, Madam President, about the problem that
18 we have for some young people in our society
19 that there is a pathway from the -- from
20 cradle to prison. It's especially in the case
21 of young African-American males, that they are
22 born into a situation where it is almost a
23 direct path from the cradle to the prison.
24 It's called the cradle-to-the-prison pipeline.
25 And I consider this to be part of
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1 how the pipeline works. And so I'm going to
2 continue to oppose this legislation. I think
3 that it's not necessary to help police
4 officers to do a better job enforce the law.
5 And it certainly will have the impact of
6 increasing the penalties and in fact ensnaring
7 more particularly young people into it. I'm
8 voting no.
9 THE PRESIDENT: Does any other
10 member wish to be heard?
11 Then the debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE PRESIDENT: The Secretary
20 will announce the results.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1207 are
23 Senators Duane, Hassell-Thompson, Montgomery
24 and Parker.
25 Absent from voting: Senator
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1 Gonzalez.
2 Ayes, 53. Nays, 4.
3 THE PRESIDENT: The bill is
4 passed.
5 Senator Skelos, that completes the
6 reading of the calendar.
7 SENATOR SKELOS: Thank you, Madam
8 President. Is there any further business at
9 the desk?
10 THE PRESIDENT: No, there isn't.
11 SENATOR SKELOS: There being
12 none, I move we stand adjourned until Tuesday,
13 June 6th, at 3:00 p.m.
14 THE PRESIDENT: On motion, the
15 Senate now stands adjourned until Tuesday,
16 June 6th, at 3:00 p.m.
17 (Whereupon, at 4:38 p.m., the
18 Senate adjourned.)
19
20
21
22
23
24
25
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