Regular Session - March 7, 2007
1009
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 7, 2007
11 11:25 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMES W. WRIGHT, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
1010
1 P R O C E E D I N G S
2 ACTING PRESIDENT WRIGHT: The
3 Senate will come to order.
4 I ask everyone to please rise and
5 repeat with me the Pledge of Allegiance to the
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT WRIGHT: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT WRIGHT: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 6, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 5,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT WRIGHT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
1011
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 Skelos.
8 SENATOR SKELOS: Mr. President,
9 there's a Resolution 518 at the desk, by
10 Senator Robach. If we could have it read in
11 its entirety and move for its immediate
12 adoption.
13 ACTING PRESIDENT WRIGHT: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 Robach, Legislative Resolution Number 518,
17 memorializing Governor Eliot Spitzer to
18 declare May 2007 as "Hepatitis C Awareness
19 Month" in the State of New York.
20 "WHEREAS, Hepatitis is a known
21 public health threat and is known to be caused
22 by many viruses; and
23 "WHEREAS, Chronic viral hepatitis
24 due to Hepatitis C has been a disease that has
25 little or no public awareness due to its
Candyco Transcription Service, Inc.
(518) 371-8910
1012
1 nature as being largely asymptomatic until
2 irreversible liver damage has occurred; and
3 "WHEREAS, Hepatitis C currently
4 infects nearly 4 million Americans, including
5 an estimated 158,000 New Yorkers, and there
6 are about 30,000 new cases and approximately
7 10,000 deaths each year in the United States;
8 and
9 "WHEREAS, The consequences of
10 Hepatitis C cost approximately $7.5 million
11 per 100,000 people; and
12 "WHEREAS, Hepatitis C is largely
13 nonreported, and the public is uninformed
14 about the virus; and
15 "WHEREAS, In the absence of a
16 vaccine for Hepatitis C, emphasis must be
17 placed on other means of disease prevention,
18 including education of healthcare workers,
19 emergency services workers, veterans and the
20 general public; and
21 "WHEREAS, Hepatitis C has been
22 characterized by the World Health Organization
23 as a disease of primary concern to humanity;
24 now, therefore, be it
25 "RESOLVED, That this Legislative
Candyco Transcription Service, Inc.
(518) 371-8910
1013
1 Body pause in its deliberations to memorialize
2 Governor Eliot Spitzer to declare May 2007 as
3 'Hepatitis C Awareness Month' in the State of
4 New York, and to urge the citizens of this
5 great Empire State to learn about the causes,
6 symptoms, diagnoses and treatments for
7 Hepatitis C; and be it further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted
10 to the Honorable Eliot Spitzer, Governor of
11 the State of New York."
12 ACTING PRESIDENT WRIGHT: The
13 question is on the resolution. All in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT WRIGHT:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT WRIGHT: The
20 resolution is adopted.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 if we could take up Resolution 793, by Senator
24 Larkin, have it read in its entirety and move
25 for its immediate adoption.
Candyco Transcription Service, Inc.
(518) 371-8910
1014
1 ACTING PRESIDENT WRIGHT: The
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Larkin, Legislative Resolution Number 793,
5 commemorating the 42nd anniversary of the
6 Selma-to-Montgomery march for voting rights
7 that began on Sunday, March 7, 1965.
8 "WHEREAS, It is the practice of
9 this Legislative Body to commend publicly
10 courageous acts which prompted important
11 changes in state and national history; and
12 "WHEREAS, Attendant to such
13 concern, and in full accord with its
14 long-standing traditions, it is the sense of
15 this Legislative Body to commemorate the 42nd
16 anniversary of the Selma-to-Montgomery march
17 for voting rights that began on Sunday,
18 March 7, 1965; and
19 "WHEREAS, The Selma-to-Montgomery
20 march for voting rights represented the
21 political and emotional peak of the modern
22 civil rights movement; and
23 "WHEREAS, Despite the Civil Rights
24 Act of 1964 and the active attempts of the
25 Student Non-Violent Coordinating Committee
Candyco Transcription Service, Inc.
(518) 371-8910
1015
1 (SNCC) to register the African-American voters
2 of Alabama, no significant progress was made.
3 One such place was Selma, Alabama. This small
4 southern town of 29,000 soon became the focal
5 point of the civil rights movement; and
6 "WHEREAS, Of the 15,156
7 African-Americans in Dallas County, Alabama,
8 only 156 were registered to vote. On January
9 2, 1965, the Reverend Martin Luther King
10 visited Selma and gave a fiery speech. In it,
11 he stated: "Today marks the beginning of a
12 determined, organized, mobilized campaign to
13 get the right to vote everywhere in Alabama";
14 and
15 "WHEREAS, On 'Bloody Sunday,'
16 March 7, 1965, some 600 civil rights marchers
17 headed east out of Selma on U.S. Route 80.
18 They got only as far as the Edmund Pettus
19 Bridge, six blocks away, where state and local
20 lawmen attacked them with billy clubs and
21 tear gas and drove them back into Selma; and
22 "WHEREAS, Nearly 100 of the
23 marchers were hurt that day in Selma. The
24 next day, civil rights workers and clergy from
25 across the nation rushed to Selma. On
Candyco Transcription Service, Inc.
(518) 371-8910
1016
1 March 9, 1965, many marched to the Edmund
2 Pettus Bridge, where the marchers stopped for
3 prayer and then, obeying a federal court
4 injunction, returned to Selma; and
5 "WHEREAS, On March 21, 1965, after
6 the court injunction had been lifted and the
7 Alabama National Guard had been federalized to
8 provide protection, the march began again; and
9 "WHEREAS, About 3,200 marchers set
10 out for Montgomery, walking 12 miles a day and
11 sleeping in fields. By the time they reached
12 the capitol on Thursday, March 25, they were
13 25,000 strong; and
14 "WHEREAS, Less than five months
15 after the last of the three marches, President
16 Lyndon Johnson signed the Voting Rights Act of
17 1965, the best possible redress of grievances;
18 and
19 "WHEREAS, in 1996, the Selma to
20 Montgomery National Historic Trail, the
21 highest tribute a road can receive, was
22 created by Congress under the National Trails
23 System Act of 1968. Like other 'historic'
24 trails covered in the legislation, the Alabama
25 trail is an original route of national
Candyco Transcription Service, Inc.
(518) 371-8910
1017
1 significance in American history, cannot be
2 replicated, and is a destination unto itself;
3 now, therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to commemorate
6 the 42nd anniversary of the Selma to
7 Montgomery march for voting rights that began
8 on Sunday, March 7, 1965."
9 ACTING PRESIDENT WRIGHT: Senator
10 Larkin, on the resolution.
11 SENATOR LARKIN: Thank you,
12 Mr. President.
13 I want to congratulate and thank my
14 colleague Senator Cousins, because this was a
15 joint venture on our part. And I thank you
16 very much, Senator.
17 You know, 42 years ago there were
18 some people in this chamber that were only a
19 dream. But 42 years ago, this was a real
20 dream. There had never been solid elections
21 in Alabama. And the question came up
22 constantly, When do we become full Americans?
23 I'm one American who served in
24 combat when we had segregated troops. They
25 weren't segregated in my mind. I was the
Candyco Transcription Service, Inc.
(518) 371-8910
1018
1 fortunate individual with four other white
2 officers to command this company that went
3 into combat and was a true, true unit of our
4 fighting forces of the American armed forces.
5 In 1965 the first incident
6 concerning this was a call from the Justice
7 Department to the Secretary of the Army that
8 there was problems in Alabama that they could
9 not control within their own authorities.
10 The problem was, Governor Wallace
11 had made it very clear that he wouldn't be a
12 player to this action. At which time the
13 President, through the Secretary of Defense
14 and Secretary of the Army, designated certain
15 individuals to go to Alabama. In my office of
16 98 officers, we drew straws. Not knowing that
17 every one had a larger straw than I did, I got
18 the small straw.
19 When I went to Alabama, my mission
20 was to tell the Governor or his appointed
21 assistants that there was to be an activation
22 of the Alabama Guard. It never happened.
23 Governor Wallace said, "You tell the President
24 if he wants to activate the Alabama Guard, let
25 him do it and let the federal government pay
Candyco Transcription Service, Inc.
(518) 371-8910
1019
1 for it."
2 And that's exactly what happened.
3 The entourage that took place on the three
4 marches -- the first march was a total
5 disaster because of Bull Connor with his
6 bullhorn -- and that's where he got it from --
7 and his hoses. And the second one, and the
8 third one. The third one, when we marched out
9 of Selma, the church -- I met Dr. King for the
10 very first time. Most of my contacts had been
11 with Reverend Abernathy, who was trying to
12 keep a level hand on it.
13 You know, they talk about 575
14 people were there when the marches started.
15 When we did the march on the 21st, the start
16 of the four days, there were probably 3,000
17 people.
18 The control, just think about it.
19 This was almost like a combat operation. We
20 brought elements of the 11th Air Assault from
21 Fort Benning, the 101st from Camp Campbell,
22 Kentucky. We brought units from Fort Hood,
23 Texas; Fort Lewis, Washington; and Fort Riley,
24 Kansas. They were all assembled at the
25 Maxwell Air Force Base in Montgomery, Alabama.
Candyco Transcription Service, Inc.
(518) 371-8910
1020
1 This was a joint venture. The
2 Justice Department had overall responsibility,
3 but the responsibility for safety and security
4 was left to both guard and active elements of
5 our armed forces.
6 Was it peaceful? Not necessarily.
7 Because every night when we would put in and
8 stop, as you and I spoke, there had to be a
9 search of the area. We had engineers that
10 went in with mine sweepers to find out if the
11 land had been braced and anything for a major
12 disaster. And the conduct of the armed forces
13 during this was great. And then the next
14 morning when we got up, they would go and
15 sweep the rail, because the supplies were
16 brought by rail.
17 We were very fortunate. Did we
18 have skirmishes? Yes. They talk about a
19 Reverend Reed, who was killed back in the 7th
20 of March. But on the four days of the march,
21 there was only one person killed, and that was
22 after the march was completed. The lady's
23 name was Viola Liuzzo. She was from Detroit,
24 Michigan, and she was a member of United Auto
25 Workers. Sad. Very sad. Because up until
Candyco Transcription Service, Inc.
(518) 371-8910
1021
1 that, the skirmishes were just harassment from
2 people on the side, some few rednecks and
3 stuff like that.
4 But just let's talk about the issue
5 itself. We're Americans. And, you know, as
6 I -- I just came back from Savannah, Georgia.
7 And when I still see what goes on, I wonder
8 what did we accomplish.
9 We got the Voting Rights Act. And
10 I'm very proud to stand here, because I was
11 stationed in the Pentagon at the time. The
12 votes for the civil rights, for the voting
13 rights, the necessary votes to pass that bill
14 were delivered by Republican Senators. So you
15 on that side of the aisle, remember, we were
16 there when it counted.
17 So what have we accomplished? We
18 still have bickering, we still have fighting.
19 And sometimes we fail to realize that a lot of
20 it is our fault. It's ours as adults -- not
21 just State Senators or members of the Assembly
22 or Congress. But we have to start to realize
23 that what we impart to our young people in our
24 schools and our communities and our churches
25 and synagogues, that's where a lot of this is
Candyco Transcription Service, Inc.
(518) 371-8910
1022
1 going to melt out.
2 Again, I'm very proud that I was
3 there. Trying, time-consuming negotiations,
4 discussions, with one purpose in mind: as an
5 American, to see a mission accomplished for
6 all Americans.
7 Thank you very much, Mr. President.
8 ACTING PRESIDENT WRIGHT: Senator
9 Stewart-Cousins.
10 SENATOR STEWART-COUSINS: Thank
11 you, Mr. President.
12 And I also want to thank Senator
13 Larkin for sharing his story and certainly
14 sharing the opportunity to be on the
15 resolution.
16 We both put the resolution in, and
17 I did not know that his compelling story has
18 been told before on this very anniversary or
19 around this very anniversary because of his
20 involvement. And reminding us of the history
21 that brings us here is so very, very important
22 and vital. So I thank you for that.
23 The reason why I felt this was an
24 important resolution to present was not that I
25 was there, not that I got dressed after church
Candyco Transcription Service, Inc.
(518) 371-8910
1023
1 or went out to march and see what we could do
2 to promote voting rights for
3 African-Americans, because I was not. I was
4 not able to vote; I wasn't old enough. I
5 probably wasn't even conscious of the fact
6 that people were fighting for what should have
7 been their right as an American citizen at
8 that time.
9 I certainly heard, however, of the
10 Bloody Sunday and how young children, women,
11 were beaten back from attempting to exercise
12 their rights as American citizens. And I
13 understood, after time and time again, how
14 President Johnson decided it was time for the
15 Voting Rights Act in 1965.
16 And I guess what I stand here to
17 say is that all those things that happened
18 didn't matter quite as much to me until a
19 wintery Tuesday in November of 2006, when I
20 became and the 35th District became the
21 recipient of federal monitors that came to
22 watch an election that would normally be an
23 ordinary election.
24 It was the Voting Rights Act that
25 allowed for someone like me to say I need
Candyco Transcription Service, Inc.
(518) 371-8910
1024
1 observers. And it was the Voting Rights Act
2 that allowed hundreds of people who might
3 ordinarily have been turned away to cast their
4 votes.
5 And so not only do I owe a debt to
6 those who walked before me, but this nation
7 owes a debt. Because no one decided to march
8 so that this act would be made, they decided
9 to march just because voting is an American
10 thing to do.
11 And no one would have thought
12 42 years later that we would not only be
13 commemorating their sacrifice and their
14 courage, but heralding the fact that the
15 protection still exists.
16 So I'm certainly happy to join my
17 colleagues in this resolution.
18 (Applause.)
19 ACTING PRESIDENT WRIGHT: Senator
20 Adams.
21 SENATOR ADAMS: I rise in support
22 of this item because I think that sometimes we
23 have the tendency to romanticize history. We
24 don't realize that we are still marching. And
25 we're at the bridge again. The question
Candyco Transcription Service, Inc.
(518) 371-8910
1025
1 becomes now, what are we going to do at that
2 bridge?
3 Side by side with us are those who
4 are of the immigrant population. They may not
5 be African-Americans from Alabama, but they're
6 Chinese, Portuguese, Indonese, Japanese,
7 Dominican, Irish. What are we going to do for
8 them? Are we going to cross the bridge, or
9 are we going to allow those individuals who
10 believe America is a monolithic society that
11 is not inclusive?
12 I believe it is inclusive. And I
13 commend my colleague from the other side of
14 the aisle as he indicated that our Republican
15 colleagues back then stood side by side with
16 us and pressed their shoulders up against the
17 door of inclusion to ensure that we were all
18 part of this great country.
19 The question now that lingers
20 before us in this sentence is: Where are you
21 now, my colleagues? Where are you now? Would
22 you stand with me on this side of the aisle so
23 when our children reflect on 2007 could you
24 say we led the charge of gun control so we
25 don't lose more young people and Dr. Kings of
Candyco Transcription Service, Inc.
(518) 371-8910
1026
1 today? Can you say that you joined us and led
2 the charge to deal with Campaign for Fiscal
3 Equity to ensure our children are educated?
4 Can you say that you put in place the correct
5 medical procedures so that black and brown
6 grandmothers receive the same level of
7 preventive care as their counterparts across
8 this entire state?
9 Where are you now? Let us not sit
10 back and dream and romanticize of how great it
11 was to march with Dr. King. Are we marching
12 with the Dr. Kings of today? That's the
13 question.
14 What's great about this institution
15 is that we have men and women from Rochester,
16 from Troy, from all over the state that are
17 coming here together with men and women from
18 Brownsville and Bed-Sty and Harlem -- not to
19 disrespect each other, not to believe that
20 only my position is right and you are wrong.
21 That's not the issue.
22 We are coming here with the voices
23 of those who cannot speak on behalf of
24 themselves. We are allowing each other the
25 opportunity that other countries don't have,
Candyco Transcription Service, Inc.
(518) 371-8910
1027
1 to be able to debate and discuss and bring you
2 into the streets of Brownsville as you bring
3 me into the streets of Rochester, to bring me
4 into the family of Troy, New York, as I bring
5 you into the family of Harlem.
6 We can have a discussion to come
7 together with one form of policy and procedure
8 so as we stand in front of not the Pettus
9 Bridge of yesterday, but the bridges of today,
10 and cross them together -- as not only
11 New Yorkers. I'm a firm believer that
12 New York State has the ability to prick the
13 conscience of the entire country, that not
14 only can we set the tone for the counties in
15 this state but the counties across the globe.
16 And as we think about that bridge,
17 let's also think about, regardless of your
18 position on the war, somebody's mother,
19 somebody's brother, someone's son, someone's
20 daughter, someone's neighbor is overseas in
21 Iraq or Afghanistan fighting for those
22 principles that we believe are true.
23 And we can talk about patriotism
24 back then and criticize the patriotic posture
25 now, but as long as our boys are coming home
Candyco Transcription Service, Inc.
(518) 371-8910
1028
1 to hospitals where they're not getting fair
2 treatment, as long as our boys coming home and
3 not having proper support, physical as well as
4 emotional, as long as our boys are unsure the
5 America they're coming home to is going to
6 embrace them when they lose an arm or leg or
7 when the anatomy of their soul is no longer in
8 contact because they saw someone die that is
9 precious to them, then we're not doing our
10 responsibility at the edge of the Pettus
11 Bridge of today's time.
12 So I challenge you, my counterparts
13 across the aisle, but I also challenge my
14 counterparts on this side of the aisle: We
15 have a responsibility and an obligation not to
16 believe that the march is over and not to
17 leave this century with a question mark, but
18 an exclamation point, that we have marched on
19 and strong.
20 Thank you.
21 (Applause.)
22 ACTING PRESIDENT WRIGHT:
23 Senator Hassell-Thompson.
24 SENATOR HASSELL-THOMPSON: Mr.
25 President, I feel that Senator Eric Adams has
Candyco Transcription Service, Inc.
(518) 371-8910
1029
1 more than adequately expressed my sentiments.
2 But I want to stand to support this resolution
3 this morning.
4 Thank you, Mr. President.
5 ACTING PRESIDENT WRIGHT: Thank
6 you, Senator.
7 Senator Diaz.
8 SENATOR DIAZ: Thank you,
9 Mr. President.
10 I also rise to support the
11 resolution. But I would like to one more time
12 tell you my story, the story that I have
13 repeated over and over and over.
14 I was born in Puerto Rico, in a
15 town called Bayamon. And as you can see, I am
16 black. Because I was born in Puerto Rico, I
17 am Hispanic.
18 And we black Puerto Ricans, we know
19 a secret that many people don't know, but only
20 us black Hispanics know that secret: That we
21 don't fit in the black community because we
22 are Hispanic, and we don't fit in the Hispanic
23 community because we are black. And we don't
24 fit in the white community because we are
25 black and Hispanic. So this is a secret that
Candyco Transcription Service, Inc.
(518) 371-8910
1030
1 we black and Hispanic, we are in what we call
2 the limbo stage.
3 We talk about racism. In 1960 I
4 was just 18 years old and I went voluntarily
5 and joined the United States armed forces, the
6 Army, because that was a Vietnam era and I
7 wanted to fight for my country. And I was
8 sent to Columbia, South Carolina, Fort
9 Jackson, for my basic training. And I was
10 sent to that camp with many Puerto Ricans, and
11 I was the only black among all the Puerto
12 Ricans. They were as white as any one of you.
13 There I learned -- I learned -- and
14 since that time on, you could say that I have
15 been alone. I learned there, in Fort Jackson,
16 Columbia, South Carolina, I learned the story
17 of life. That was before Martin Luther King.
18 I'm talking about 1960.
19 And I was there, and I learned to
20 be called Puerto Rican spic. I learned to do
21 the dirty work that nobody else used to do. I
22 learned that I cannot attend places even with
23 my uniform, with my Army, United States of
24 America uniform, I cannot attend places other
25 people could attend.
Candyco Transcription Service, Inc.
(518) 371-8910
1031
1 I got my first pass -- and I've
2 been saying that over and over. I want you to
3 understand that not only black America has
4 this problem. We black Puerto Ricans and we
5 black Hispanics, we have the problem with
6 racism. And we have suffered this racism by
7 blacks and by Hispanics.
8 And at that time I got my first
9 pass, and I went to Columbia with my friends
10 from Puerto Rico. And I sat down in that bar,
11 with my uniform, proud, proud as an American
12 fighting man that I was supposed to be. And
13 the waiter came, took the order, and everybody
14 ordered a beer. And I say -- and the waiter
15 turned back. And I said, "Waiter, I want a
16 beer too." He said, "Whatever you're looking
17 for, we haven't got it." I will never forget
18 that occasion.
19 And my friends from Puerto Rico, my
20 white friends from Puerto Rico told me, "They
21 don't want to serve you." And I say, "What am
22 I going to do?" They told me, "You have to
23 leave." And they stayed there. My Puerto
24 Rican white friends, and they stayed in that
25 bar.
Candyco Transcription Service, Inc.
(518) 371-8910
1032
1 So I don't fit anywhere. And when
2 this march came and this thing come and this
3 thing happens, yes, I'm proud, because they
4 gave me some kind of liberty. But we still
5 have a lot of way to go, a long way to go.
6 Racism is ugly. And people even
7 laugh at your religion. Even in my own
8 Democratic conference, they laugh at my
9 religion. People laugh at you, people laugh.
10 And that racism is not only in color, it's in
11 creed and whatever.
12 So yes, I'm honored to support this
13 resolution. But ladies and gentlemen, racism
14 is still alive today. And we black Hispanics,
15 I could tell you about it. Because blacks
16 know they're black, and Hispanic, white
17 Hispanics know they're Hispanic. But we are
18 black and we are Hispanic. So what are we?
19 Go to Puerto Rico and see the
20 governor's cabinet, find out how many blacks
21 are there. Go to Puerto Rico and see how many
22 black governors have been there. Go to Puerto
23 Rico and see what's happening there.
24 Ah, what are you doing, you're
25 putting down your people? No, I'm speaking
Candyco Transcription Service, Inc.
(518) 371-8910
1033
1 the truth here, that racism is alive today.
2 Martin Luther King marched, we're glad, and he
3 achieved something. And those people that
4 marched achieved a whole lot of things for us.
5 But we are still suffering, in New York, in
6 Puerto Rico, all over the world, racism
7 intact.
8 So, ladies and gentlemen, I'm proud
9 to support this. But I'm going to end by
10 saying, Mr. President, it's not over yet. We
11 have a long way to go. My blood brothers and
12 my Puerto Rican and Hispanic friends,
13 remember, I'm watching.
14 God bless you all, ladies and
15 gentlemen, for your patience, for your
16 listening to me. But I'm venting today.
17 Today, during the day, I'm going to vent.
18 Today, not only now, later on, I'm going to
19 continue venting. Because today I'm saying it
20 all. And tomorrow the press going to call me
21 all kind of names. But today you shall hear
22 from me again.
23 Ladies and gentlemen, thank you
24 very much.
25 ACTING PRESIDENT WRIGHT: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
1034
1 you, Senator.
2 Senator Montgomery.
3 SENATOR MONTGOMERY: Thank you,
4 Mr. President.
5 I rise to thank the sponsors of
6 this resolution, both Senator Larkin -- I
7 thank you for not only the resolution, but the
8 role that you played and the history that you
9 share. And certainly it really is an amazing
10 thing to be part of the generation that
11 actually has benefited, through the fact
12 that -- in the fact that we now have a Senator
13 who was a direct beneficiary of the march in
14 Selma.
15 And let me say that Senator
16 Cousins, you know, it was -- I think this
17 particular incident was about a hundred years
18 from the time that the emancipation was
19 signed, and so there was one hundred years
20 between the time that Africans in this country
21 were freed from slavery. And certainly that
22 was after a very bloody and vicious civil war
23 in our country. And this particular incident
24 was also part of a very violent and vicious
25 time, civil war, in our country.
Candyco Transcription Service, Inc.
(518) 371-8910
1035
1 And I just am reminded that these
2 incidents in our history should not be
3 forgotten. And in fact I think it's important
4 for the young people that we have here and the
5 young people across our state should be very
6 much aware that we have been free less time
7 than we were in slavery as Africans in this
8 country.
9 So these marches are important, and
10 it is indeed important that all Americans have
11 participated in each of those incidents, both
12 in terms of the civil war as well as the civil
13 rights struggle.
14 And I hope that, as Senator Larkin
15 has indicated -- and Senator Cousins is living
16 with the benefits of those incidents we should
17 be able to pass on to young people in our
18 state across the state in every community and
19 every school. And I'm really very saddened by
20 the fact that we have tried to institute as
21 part of our state education system means by
22 which we could pass on this information as
23 part of the regular curriculum and somehow
24 we've not been successful in doing that.
25 So most African-American young
Candyco Transcription Service, Inc.
(518) 371-8910
1036
1 people in this state don't realize that one of
2 our heroes, the estate of one of our heroes,
3 sits in the middle of Senator Nozzolio's
4 district. They probably have never taken that
5 trip to see Harriet Tubman's homestead. And
6 they also don't know that across the street
7 from her homestead is the home of Seward, who
8 was an abolitionist, and he was white and in
9 fact was responsible for her being able to
10 have that homestead.
11 And so our people cross each other
12 in many different ways. Our history is rich.
13 Africans, African-Americans are very much a
14 part of that history. And I am sad that we do
15 not acknowledge that fact in every way that it
16 makes -- it is important, especially to young
17 people.
18 So I hope, and I hope, Senator
19 Larkin -- and I would like to be able to not
20 only have my name on this resolution, but I
21 would like to work with you as you try to
22 figure out ways we can make this incident and
23 the civil rights movement, the people who were
24 involved in it, the people who died in order
25 to make it possible for me to be able to stand
Candyco Transcription Service, Inc.
(518) 371-8910
1037
1 here and talk to you, and for us to talk to
2 each other -- I want our young people to have
3 that understanding as part of the American
4 dream, the American history.
5 And so I really, really appreciate
6 and I join you in celebrating a moment in
7 history that certainly we can be proud of the
8 reason that it happened, but we can be proud
9 of the people who were involved to make it
10 happen and to bring us to this point.
11 And so thank you again,
12 Mr. President. I hope that I can have my name
13 associated with this resolution. And I hope
14 that all of us can be part of it, because it
15 is a celebration of American history. It's
16 not black history, it's not white history,
17 it's not redneck history, it's American
18 history.
19 Thank you, Mr. President.
20 ACTING PRESIDENT WRIGHT: Thank
21 you, Senator. I believe it is the sponsor's
22 intent to open up the resolution.
23 Senator Huntley.
24 SENATOR HUNTLEY: Yes,
25 Mr. President. I rise to support the
Candyco Transcription Service, Inc.
(518) 371-8910
1038
1 resolution.
2 I would also like to say, listening
3 to Senator Adams, it brought back a lot of
4 memories. I have participated, I could say,
5 in more than half the marches for civil rights
6 in this country. I have traveled to Selma,
7 once my husband and I together and then once
8 with our children after we had children.
9 And I've always been a believer in
10 America for everyone. It's not about black
11 America, it's about America. And I claim my
12 American background. People will say to
13 you -- I'm Afro-American, yes, but I'm
14 American. I was born here. All of my
15 parents, my grandfather, my father, my two
16 adult sons, who are in the armed forces -- my
17 son served at Desert Storm. And I am a true
18 American.
19 And I just want to let you know how
20 racism is still very much alive. Because my
21 granddaughter in junior high school said to me
22 one day, she says, "Grandma, why in the
23 schools do they not talk about black history?
24 Why do they not talk about Martin Luther King
25 and what his achievements were?" They do in
Candyco Transcription Service, Inc.
(518) 371-8910
1039
1 the Afro-American schools, but if it's not the
2 Afro-American schools, they don't talk about
3 it at all.
4 So what I did, two years ago, I
5 traveled to many schools in my district who
6 were predominantly white, and I spoke to
7 parents, I spoke to students. And I find it's
8 not the students that are the problem. The
9 students will all come together. I have great
10 relationships with all kinds of students
11 regardless of their ethnic background. It's
12 the adults that create problems.
13 And I think until adults can
14 realize that we're all in this country
15 together, we're all Americans -- I have the
16 same rights as anyone else, and I would never
17 let myself be denied of those, or my children.
18 So I have fought for rights, not only for
19 Afro-Americans but for people in general.
20 And I want to support the
21 resolution. And I hope people will remember
22 that just because we talk about Martin Luther
23 King or about going to Selma -- that's
24 important, but we're still in a time where it
25 is not fair for minorities. We have not
Candyco Transcription Service, Inc.
(518) 371-8910
1040
1 reached that peak that Martin Luther King
2 expected us to.
3 I thank you.
4 ACTING PRESIDENT WRIGHT: Thank
5 you.
6 Senator Larkin, to close.
7 SENATOR LARKIN: Mr. President,
8 thank you. And I thank everybody who has
9 contributed to these comments today.
10 What I'd like to do, Mr. President,
11 is open it up to those who would like to be a
12 part of this resolution.
13 And I again thank Senator Cousins
14 for her cooperation on this issue that I think
15 is something that we as Americans should not
16 just talk about it, we ought to do something
17 about it.
18 ACTING PRESIDENT WRIGHT: Thank
19 you.
20 Senator Skelos, may we open the
21 resolution to all the members?
22 SENATOR SKELOS: Mr. President,
23 if we could put everybody on the resolution,
24 all the members. If anybody wishes not to
25 cosponsor it, they should notify the desk.
Candyco Transcription Service, Inc.
(518) 371-8910
1041
1 ACTING PRESIDENT WRIGHT: The
2 Secretary is so directed.
3 The question is on the resolution.
4 All in favor signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT WRIGHT:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT WRIGHT: The
10 resolution is adopted.
11 Senator Robach, you're recognized
12 on the previous resolution.
13 SENATOR ROBACH: Yes, Mr.
14 President, thank you. I am sorry that I was
15 not in the chamber when the resolution was
16 read on hepatitis C.
17 But I did want to comment very
18 briefly that it is important that we take this
19 time out as a state as we deal with a lot of
20 things in healthcare, it's certainly important
21 that we do this one as well. Hepatitis C is
22 the most common chronic bloodborne disease,
23 and one that affects a lot of people not only
24 in the United States but here in New York.
25 And I want to just take a moment to
Candyco Transcription Service, Inc.
(518) 371-8910
1042
1 say that we do have the advocates here from
2 Status C Unknown, which are a group of people
3 that work towards not only shedding more light
4 but making sure that there's adequate
5 treatment and that we are really doing all we
6 can to address this blood disease that, due to
7 its nature, a lot of people don't know about
8 until it really affects them in the later
9 stages of their liver.
10 And I did want to thank them
11 publicly for their work as well and hopefully,
12 with this resolution and other efforts, as we
13 continue to get our hands around a lot of
14 healthcare issues, work to a day where we're
15 treating this and hopefully decreasing the
16 numbers of people with hepatitis C here in
17 New York.
18 Thank you, Mr. President.
19 ACTING PRESIDENT WRIGHT: Thank
20 you, Senator Robach.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 there's a Resolution 794 at the desk, by
24 Senator Libous. If we could have the title
25 read and move for its immediate adoption.
Candyco Transcription Service, Inc.
(518) 371-8910
1043
1 ACTING PRESIDENT WRIGHT: The
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Libous, Legislative Resolution Number 794,
5 honoring Helen Corino Ferris upon the occasion
6 of celebrating her 100th birthday on March 2,
7 2007.
8 ACTING PRESIDENT WRIGHT: The
9 question is on the resolution. All in favor
10 signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT WRIGHT:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT WRIGHT: The
16 resolution is adopted.
17 Senator Skelos.
18 SENATOR SKELOS: If we could just
19 stand at ease for one moment.
20 ACTING PRESIDENT WRIGHT: Senator
21 Bruno.
22 SENATOR BRUNO: Mr. President, I
23 believe I have a resolution at the desk
24 numbered 808. I would ask that the title be
25 read and move for its immediate adoption.
Candyco Transcription Service, Inc.
(518) 371-8910
1044
1 ACTING PRESIDENT WRIGHT: The
2 Secretary will read.
3 THE SECRETARY: By Senator Bruno,
4 Legislative Resolution Number 808, urging the
5 New York State Congressional delegation to
6 oppose President George W. Bush's federal
7 fiscal year 2008 budget proposal relating to
8 healthcare.
9 ACTING PRESIDENT WRIGHT: Senator
10 Bruno.
11 SENATOR BRUNO: Colleagues,
12 Mr. President, I want you to just focus for a
13 couple of minutes on this resolution.
14 We don't have to go through all
15 that it contains. The bottom line is that
16 healthcare in New York State is under siege.
17 It's under siege out of the White House, where
18 the proposals, if they are enacted into law,
19 will take something in the neighborhood of
20 $100 billion out of the healthcare delivery
21 system over the next five years in the United
22 States, about $2.8 billion in New York State.
23 Now, you couple that with the
24 Governor's proposal that is before us in the
25 budget, that state dollars takes out
Candyco Transcription Service, Inc.
(518) 371-8910
1045
1 approximately $1.3 billion. Coupled with
2 Washington, unrelated to the President's cuts,
3 adds potentially another $1.3 billion.
4 So you're talking $2.6 billion, the
5 federal cuts, you're talking the results of
6 the Berger Commission, which, when fully
7 impacted, can be a quarter of a billion to a
8 billion out of healthcare delivery.
9 Now, what is more important in
10 people's lives -- your lives, your family's
11 lives, your children, your neighbors -- than
12 quality, affordable, accessible healthcare?
13 Education is important, and this
14 Governor highlights its importance. He
15 highlights its importance by breaking a record
16 in spending for education, $7 billion over the
17 next four years, $1.4 billion this year. And
18 we applaud that, even though he has the
19 distribution wrong. And we're going to try
20 and help correct that as we go forward.
21 But the fact of the matter is you
22 don't take money out of healthcare and put it
23 into education. You don't take money out of
24 healthcare and put it in other places. Not
25 when you affect nursing homes, hospitals, home
Candyco Transcription Service, Inc.
(518) 371-8910
1046
1 care, prescription drugs, hundreds of millions
2 of dollars. Do you know of any senior, anyone
3 that needs prescription drugs that can do
4 without them? Presently they trade, and have
5 to, paying for their prescriptions, paying
6 their rents, paying for food.
7 So we have a challenge before us.
8 So this resolution, Mr. President, we're
9 forwarding to Washington. I'm going to join a
10 delegation of colleagues, with the Speaker,
11 with many of the principals in New York State
12 tonight and tomorrow in Washington, where
13 we're going to meet with a combined delegation
14 of all of our Congressional representatives.
15 This is not political. It's not
16 Democrat, it's not Republican, it's not any
17 other party. This is dealing with what is
18 right. And we're going to be asking you, as
19 we progress with this budget and with the
20 negotiations, to stand up and be counted as to
21 how you feel about delivering affordable,
22 accessible healthcare to your constituents,
23 your constituents throughout this state.
24 And I respect this Governor. He is
25 a mover and he's a shaker and he's aggressive
Candyco Transcription Service, Inc.
(518) 371-8910
1047
1 and helps get things done. And we have
2 partnered with him, and we're going to partner
3 again later today in getting some critically
4 important legislation done for the people of
5 this state.
6 But, colleagues, there is nothing
7 more important that we can address in this
8 chamber as we go forward in our budget than
9 delivering proper healthcare for you, your
10 families, for your constituents. So I would
11 respectfully ask anyone that would like to
12 join this resolution, while we try and
13 motivate people in Washington, especially out
14 of the White House, to be doing the right
15 things for the people of this state.
16 Because I know when we're done with
17 our budget you will join with us and with the
18 Speaker and Assembly, and hopefully the
19 Governor, in doing the right thing for the
20 people of this state in getting proper
21 healthcare for themselves and their children
22 and everyone else that's involved.
23 Thank you, Mr. President.
24 ACTING PRESIDENT WRIGHT: Senator
25 Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
1048
1 SENATOR SKELOS: Thank you,
2 Mr. President.
3 And I thank Senator Bruno for
4 bringing this resolution to the floor today.
5 And it's critically important that
6 we work on a bipartisan basis to see that the
7 cuts eliminated from Washington but also the
8 cuts -- and I underline the word "cuts" -- are
9 eliminated to protect healthcare in New York
10 State but also to protect many of the
11 wonderful individuals who provide healthcare
12 services in New York State.
13 This past week I had the
14 opportunity to meet with a number of the
15 healthcare providers within my district, and
16 they brought to my attention that actually the
17 healthcare cuts that have been proposed by the
18 Bush administration are actually not as bad to
19 our hospitals -- well, they're none of the
20 nursing homes, but to our hospitals in my
21 district as what Governor Spitzer has
22 proposed. That his cuts in some instances are
23 twice what the Bush administration has
24 proposed.
25 And I'll just mention one of my
Candyco Transcription Service, Inc.
(518) 371-8910
1049
1 hospitals, Long Beach Medical Center, that
2 services a diverse community. They would
3 lose, under Governor Spitzer's proposal, over
4 1 percent -- and he keeps talk about
5 1 percent -- to the hospital, and to the
6 nursing home, they would lose 8 percent, and
7 he keeps talking about 1 percent.
8 Now, what has this hospital done to
9 turn its fiscal situation around? They have
10 eliminated 66 positions. There's within no
11 wage increase for the rank-and-file worker for
12 two years, and there's been no salary increase
13 for managers for three years. And they've
14 frozen their pension plan effective
15 December 31, 2006, so that they can end up
16 with an approximately $58,000 budget surplus
17 after being in deficit by over $4 million
18 several years ago, in 2005.
19 So when you combine the proposed
20 cuts from Washington and you combine and add
21 to that the proposed cuts to Governor Spitzer,
22 it's going to be no more increases for our
23 healthcare workers at Long Beach Hospital and
24 many of the other hospitals and nursing homes
25 throughout my district, throughout Long
Candyco Transcription Service, Inc.
(518) 371-8910
1050
1 Island.
2 But I think it's also important to
3 note -- and I was listening very carefully to
4 what Senator Adams was saying about everybody
5 at times walking the walk together. Well, you
6 know what? I don't agree with him all time,
7 but I agree with Reverend Sharpton and
8 Reverend Jackson that these healthcare cuts
9 would particularly in a negative way impact
10 the minority community throughout New York
11 State, whether it's providing services or
12 whether it's helping those who work within the
13 hospitals.
14 So I'm ready to walk the walk with
15 Reverend Jackson when it comes to these types
16 of healthcare cuts to the minority community.
17 But I would ask my friends on the other side
18 of the aisle to stand up with Reverend
19 Jackson, to stand up with Reverend Sharpton
20 and deplore, deplore the cuts that have been
21 proposed by Governor Spitzer.
22 Speak up. It's about all of our
23 constituencies. It's not about being an
24 appendage to one individual, it's about
25 representing your community. It's about
Candyco Transcription Service, Inc.
(518) 371-8910
1051
1 representing your constituents and speaking
2 out, just as we have in the past with Governor
3 Pataki. When he was wrong, we stood up as
4 Republicans and overrode his vetoes. We had
5 the courage to do it.
6 So I ask my friends, number one,
7 support this resolution. But now you have to
8 go the next step and help us fight the cuts
9 that Governor Spitzer -- and they're cuts,
10 they're not reform -- the cuts that Governor
11 Spitzer has proposed, whether it's Long Beach
12 Medical Center in my district, whether it's
13 St. Francis Hospital, which is premier heart
14 surgery, in Senator Johnson's district,
15 throughout the state.
16 Join us. Join us and fight these
17 horrible cuts.
18 (Applause.)
19 ACTING PRESIDENT WRIGHT: The
20 question is on the resolution. All in favor
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT WRIGHT:
24 Opposed, nay.
25 (No response.)
Candyco Transcription Service, Inc.
(518) 371-8910
1052
1 ACTING PRESIDENT WRIGHT: The
2 resolution is adopted.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President,
5 can we ask for an immediate meeting of the
6 Finance Committee in the Majority Conference
7 Room.
8 ACTING PRESIDENT WRIGHT: There
9 will be an immediate meeting of the Finance
10 Committee in the Majority Conference Room.
11 Senator Skelos, is it the intent to
12 open the resolution to the members?
13 SENATOR SKELOS: Mr. President, I
14 think we'll stand at ease now.
15 ACTING PRESIDENT WRIGHT: The
16 Senate is at ease.
17 SENATOR SKELOS: Yes, I'm sorry,
18 Mr. President, I didn't hear that. Anybody
19 who wishes not to sponsor the resolution, they
20 should notify the desk.
21 ACTING PRESIDENT WRIGHT: The
22 resolution will be opened up to the members of
23 the Senate. If you choose not to be on the
24 resolution, please indicate so to the desk.
25 Thank you. The Senate will stand
Candyco Transcription Service, Inc.
(518) 371-8910
1053
1 at ease.
2 (Whereupon, the Senate stood at
3 ease at 12:19 p.m.)
4 Whereupon, the Senate reconvened at
5 12:36 p.m.)
6 ACTING PRESIDENT WRIGHT: The
7 Senate will come to order.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 if we could go to the noncontroversial reading
11 of the calendar.
12 ACTING PRESIDENT WRIGHT: The
13 Secretary will read the noncontroversial
14 reading of the calendar.
15 THE SECRETARY: Calendar Number
16 25, by Senator Alesi, Senate Print 163, an act
17 to amend the Penal Law.
18 SENATOR DUANE: Lay it aside,
19 please.
20 ACTING PRESIDENT WRIGHT: It
21 shall be laid aside.
22 THE SECRETARY: Calendar Number
23 163, by Senator Padavan, Senate Print 1143, an
24 act to amend the Criminal Procedure Law, in
25 relation to statements.
Candyco Transcription Service, Inc.
(518) 371-8910
1054
1 ACTING PRESIDENT WRIGHT: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT WRIGHT: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT WRIGHT: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 187, by Senator Saland, Senate Print 1651, an
13 act to amend the Penal Law, in relation to
14 identity theft.
15 ACTING PRESIDENT WRIGHT: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT WRIGHT: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT WRIGHT: The
25 bill is passed.
Candyco Transcription Service, Inc.
(518) 371-8910
1055
1 THE SECRETARY: Calendar Number
2 192, by Senator DeFrancisco, Senate Print
3 1829A, an act to amend the Penal Law, in
4 relation to identity theft and --
5 SENATOR DUANE: Lay it aside.
6 ACTING PRESIDENT WRIGHT: The
7 bill is laid aside.
8 THE SECRETARY: Calendar Number
9 199, by Senator Seward, Senate Print 2453, an
10 act to amend the Criminal Procedure Law, in
11 relation to authorizing peace officers.
12 ACTING PRESIDENT WRIGHT: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 90th day.
16 ACTING PRESIDENT WRIGHT: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT WRIGHT: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 217, by Senator Skelos, Senate Print 434, an
24 act to amend the Correction Law, in relation
25 to requiring sex offenders to verify.
Candyco Transcription Service, Inc.
(518) 371-8910
1056
1 ACTING PRESIDENT WRIGHT: Read
2 the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect on the first of January.
5 ACTING PRESIDENT WRIGHT: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT WRIGHT: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 224, by Member of the Assembly Silver,
13 Assembly Print Number 3736A, an act to amend
14 the Executive Law, in relation to
15 establishing.
16 SENATOR DIAZ: Lay it aside.
17 ACTING PRESIDENT WRIGHT: Lay it
18 aside.
19 Senator Skelos, that completes the
20 reading of the noncontroversial calendar.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 the Finance Committee was in session and a
24 couple of members wanted to vote no on
25 Calendar Number 199.
Candyco Transcription Service, Inc.
(518) 371-8910
1057
1 I'll move to reconsider the vote by
2 which the bill was passed in order for them to
3 vote. We're not opening up debate, just for
4 those members to indicate their vote.
5 ACTING PRESIDENT WRIGHT: The
6 Secretary will call the roll on
7 reconsideration.
8 THE SECRETARY: In relation to
9 Calendar Number 199, Senate Print 2453.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT WRIGHT: The
12 Secretary will announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 199 are
15 Senators Adams, DeFrancisco, Dilan, Duane,
16 Fuschillo, Griffo, Hannon, Hassell-Thompson,
17 Huntley, C. Johnson, L. Krueger, Marcellino,
18 Montgomery, Morahan, Parker, Skelos,
19 Stewart-Cousins and Young.
20 Ayes, 42. Nays, 18.
21 ACTING PRESIDENT WRIGHT: The
22 bill is passed.
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President,
25 if we could go to the controversial reading of
Candyco Transcription Service, Inc.
(518) 371-8910
1058
1 the calendar.
2 ACTING PRESIDENT WRIGHT: The
3 Secretary will ring the bell for the
4 controversial calendar.
5 Senator Nozzolio.
6 SENATOR NOZZOLIO: Mr. President,
7 there's a report of the Senate Finance
8 Committee at the desk. If we could have it
9 read at this time.
10 ACTING PRESIDENT WRIGHT: Return
11 to reports of standing committees.
12 The Secretary will read.
13 THE SECRETARY: Senator Johnson,
14 from the Committee on Finance, reports the
15 following nomination.
16 As Secretary of State, Lorraine
17 Cortes-Vazquez, of the Bronx.
18 ACTING PRESIDENT WRIGHT: Senator
19 Johnson, to move the nomination.
20 SENATOR JOHNSON: Move the
21 nomination.
22 ACTING PRESIDENT WRIGHT: Senator
23 Klein.
24 SENATOR KLEIN: I rise today in
25 support of the nomination of Lorraine
Candyco Transcription Service, Inc.
(518) 371-8910
1059
1 Cortes-Vazquez as our next Secretary of State.
2 I've had the privilege of knowing
3 Lorraine for many years. And you'll never
4 find someone who's more dedicated towards the
5 public good and towards public service. Every
6 time she goes into the private sector, she
7 comes back again, because I always believe
8 that her true calling is public service.
9 She has a tremendous resume. She
10 was vice president of government and public
11 affairs for Cablevision, she was president of
12 the Hispanic Federation, chief of staff to
13 Assemblymember Roberto Ramirez, executive
14 director of ASPIRA, and she was bureau chief
15 at the New York City Department for the Aging.
16 She's a graduate of New York
17 schools -- an MPA degree from NYU, a
18 psychology degree from Hunter College, and her
19 associate's degree from the Borough of
20 Manhattan College.
21 She's someone who I think, because
22 of her background and really because of her
23 compassion and her ability to work with
24 people, will make a great Secretary of State.
25 I wholeheartedly support the nomination.
Candyco Transcription Service, Inc.
(518) 371-8910
1060
1 ACTING PRESIDENT WRIGHT: Senator
2 Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Thank
4 you, Mr. President.
5 I rise to second the nomination of
6 Ms. Cortes-Vazquez. I had the privilege of
7 voting for her for Regent. And it gives me
8 great pleasure to have this opportunity to
9 second her nomination today as someone who is
10 a very hardworking woman and who has some
11 goals and achievements, achievements behind
12 her and goals before her, that I think will
13 augur well for the State of New York.
14 Congratulation, Lorraine.
15 ACTING PRESIDENT WRIGHT: Senator
16 Adams.
17 SENATOR ADAMS: I also rise in
18 support of Secretary of State Lorraine
19 Cortes-Vazquez.
20 As we know, the Secretary of State
21 is one of the oldest governmental agencies in
22 New York State. And she will be responsible
23 for regulating a number of businesses and
24 professions. I think that although it's
25 impressive and important that she was the
Candyco Transcription Service, Inc.
(518) 371-8910
1061
1 president of government and public affairs at
2 Cablevision, that she was the former chief of
3 staff of Assemblyman Ramirez and executive
4 director of ASPIRA, director of the bureau of
5 programs, New York City Department of Aging,
6 her graduate degrees -- all of those things
7 are impressive, particularly her master's at
8 NYU.
9 But what I am impressed with,
10 particularly after meeting and interacting
11 with her, is her Ph.D. in life. Her Ph.D. in
12 life. She is able to touch real people for
13 real issues and real solutions, and I think
14 that's important.
15 Government, in my opinion, must be
16 user-friendly. You know, we sit here and we
17 walk inside these halls and we get used to it.
18 But to countless numbers of New Yorkers,
19 walking in this place, walking in the
20 courtroom, walking in a real estate agency, it
21 is intimidating and it is frightening. And
22 unless government becomes user-friendly to our
23 residents, then it's useless.
24 And I think that my friend, our new
25 Secretary of State, she is an asset to the
Candyco Transcription Service, Inc.
(518) 371-8910
1062
1 greatest race alive, and that's the human
2 race.
3 Thank you.
4 ACTING PRESIDENT WRIGHT: Senator
5 Parker.
6 SENATOR PARKER: Mr. President,
7 on the nominee.
8 I, like the speakers before me,
9 have a great respect for Lorraine
10 Cortes-Vazquez's resume. It's extremely
11 impressive.
12 I wanted to congratulate both the
13 Governor on an excellent appointment to
14 Secretary of State but also congratulate her
15 on her continuing service and really
16 congratulate the people of the State of
17 New York, because in Lorraine we're getting
18 somebody who has been toiling in the vineyards
19 for many years.
20 She is now getting a promotion in
21 her public service. She has done a great deal
22 to help the people of the State of New York in
23 many capacities, both in government and the
24 nonprofit area and in corporate America. And
25 there's nobody more suited for this position
Candyco Transcription Service, Inc.
(518) 371-8910
1063
1 and brings more to the job in terms of getting
2 results than Lorraine Cortes-Vazquez.
3 And I want to congratulate her, and
4 I will be voting in the affirmative on her
5 nomination.
6 Thank you.
7 ACTING PRESIDENT WRIGHT: Thank
8 you.
9 Senator Thompson.
10 SENATOR THOMPSON: Thank you,
11 Mr. President.
12 I rise in support of the new
13 Secretary of State. I think it's an awesome
14 opportunity. This is an entity that
15 definitely needs some continuation and
16 development and also some reform.
17 I think she comes in at a time when
18 I believe the department could be more helpful
19 with nonprofit organizations, expediting that
20 process, offering technical support and
21 assistance to many of the nonprofits in the
22 Western New York community.
23 Also, a couple of things that I'd
24 like to say that I think that the agency can
25 do as well, and I believe she's qualified to
Candyco Transcription Service, Inc.
(518) 371-8910
1064
1 help in those areas. One is in the grants
2 division, helping with waterfront development,
3 coastal development in the Buffalo/Niagara
4 Falls region, and also getting up to Western
5 New York more often.
6 Recently we had, from the other
7 side of the aisle, a friend of mine, Chris
8 Jacobs, who was the Secretary of State. His
9 office was right next door to our new office.
10 And he provided leadership in upstate
11 New York.
12 And also being someone that's
13 Latina, we don't have -- we only have one
14 Hispanic or Latino or Latina who is elected to
15 public office in Western New York, and I think
16 it would be an inspiration if she can come up
17 more often and share some of her ideas and
18 experiences in this very high-profile
19 leadership capacity.
20 But I do believe that this office
21 can do more for community development,
22 business development, and nonprofit
23 development. And I look forward to working
24 with our new Secretary of State.
25 Thank you. And I support her
Candyco Transcription Service, Inc.
(518) 371-8910
1065
1 nomination.
2 ACTING PRESIDENT WRIGHT: Thank
3 you.
4 Senator Diaz.
5 SENATOR DIAZ: Thank you,
6 Mr. President.
7 Today is a glorious occasion for
8 the Hispanic community. Today is the day that
9 the Lord has made for the Puerto Rican
10 community. We are about to anoint a woman, a
11 Puerto Rican woman, by the name Lorraine
12 Cortes-Vazquez.
13 That is something heavy. That's
14 something that carries weight. Because
15 Lorraine Cortes-Vazquez is not only a Puerto
16 Rican Hispanic woman, she's one of the first
17 appointments this Governor, Eliot Spitzer,
18 made, recognizing the values in our community.
19 So I would like to express my
20 appreciation to Governor Eliot Spitzer for the
21 appointment of Lorraine Cortes-Vazquez.
22 But, ladies and gentlemen, a
23 previous speaker has said that Lorraine was
24 the executive director of ASPIRA, she directed
25 the Hispanic Federation, she used to work in
Candyco Transcription Service, Inc.
(518) 371-8910
1066
1 the New York City Aging Department. Her
2 husband is a good friend, Luis Vazquez.
3 Today, to see the importance of
4 this appointment for our community, we have
5 Assemblywoman Carmen Arroyo here. We have my
6 son, Assemblymember Ruben Diaz, Jr. We have
7 up there, with Lorraine, we have our leader in
8 the Bronx, Assemblymember Jose Rivera, and
9 Assemblywoman Naomi Rivera. That's to let you
10 know how important this is for our community.
11 But titles, titles mean nothing
12 when they go to people's heads. Because I
13 know many people with a lot of titles. Even I
14 know Senators that you cannot even talk to
15 them, because titles go to people's head.
16 But Lorraine Cortes has so many
17 titles. Lorraine Cortes has so many
18 positions. And one thing that I could tell
19 you about Lorraine Cortes, that she's always
20 the same, down to earth. No matter how many
21 titles, no matter how many positions.
22 Executive director, vice president of
23 Cablevision -- I'm fighting against
24 Cablevision. When the -- when the -- when I
25 see Lorraine, she's always respectful, always
Candyco Transcription Service, Inc.
(518) 371-8910
1067
1 there, always caring, always there.
2 Lorraine Cortes [in Spanish].
3 Lorraine Cortes, you are it. Eliot Spitzer
4 has made one good one.
5 SENATOR MAZIARZ: Just one?
6 SENATOR DIAZ: Don't get me
7 going, please.
8 Eliot Spitzer has made one good
9 appointment. The best one that he has made is
10 in Lorraine Cortes. And this Democratic
11 Senator from the 32nd Senatorial District,
12 where she live -- where she live, in the 32nd
13 Senatorial District -- I am proud to say that
14 I am the Senator representing the 32nd
15 Senatorial District where the New York State
16 Secretary, Secretary of New York State
17 resides.
18 And I am so proud to be here,
19 Lorraine. I love you, I love your husband, I
20 love Eliot Spitzer for appointing you.
21 I'm voting yes.
22 (Laughter.)
23 ACTING PRESIDENT WRIGHT: Senator
24 we are proud with you.
25 Senator Stewart-Cousins.
Candyco Transcription Service, Inc.
(518) 371-8910
1068
1 SENATOR STEWART-COUSINS: I
2 don't know what to say after that.
3 Que viva, Lorraine Cortes-Vazquez.
4 (Cheers; applause.)
5 ACTING PRESIDENT WRIGHT: The
6 question is on the nomination of Lorraine
7 Cortes-Vazquez as Secretary of State. All in
8 favor signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT WRIGHT:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT WRIGHT:
14 Lorraine Cortes-Vazquez is hereby confirmed as
15 Secretary of State.
16 (Extended applause.)
17 ACTING PRESIDENT WRIGHT: On
18 behalf of Senator Bruno and all the members of
19 the Senate, please accept our congratulations
20 and best wishes as you assume the new duties
21 of your office on behalf of the people of
22 New York State. Congratulations. Best to
23 your family.
24 Senator Nozzolio.
25 SENATOR NOZZOLIO: Mr. President,
Candyco Transcription Service, Inc.
(518) 371-8910
1069
1 can we go to the reading of the controversial
2 calendar.
3 ACTING PRESIDENT WRIGHT: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 25, by Senator Alesi, Senate Print 163, an act
7 to amend the Penal Law.
8 ACTING PRESIDENT WRIGHT: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: Yes, thank
11 you, Mr. President. Would Senator Alesi yield
12 to a question, a clarification question?
13 ACTING PRESIDENT WRIGHT: Senator
14 Alesi, will you yield to a question?
15 SENATOR ALESI: Yes,
16 Mr. President, I'd be happy to yield.
17 ACTING PRESIDENT WRIGHT: Senator
18 Alesi will yield, Senator Montgomery.
19 SENATOR MONTGOMERY: Thank you,
20 Mr. President, through you.
21 I'd like to ask Senator Alesi, it's
22 my understanding from reading what the
23 existing law is, it says a person is guilty of
24 false personation when, after being informed
25 of the consequences of the act, he or she
Candyco Transcription Service, Inc.
(518) 371-8910
1070
1 knowingly misrepresented his or her identity
2 to a police officer. Currently, this offense
3 is a B misdemeanor.
4 So my question, Senator Alesi, is
5 how does your legislation change the existing
6 law that I just read?
7 SENATOR ALESI: Mr. President,
8 through you, if I may, would the Senator like
9 an explanation before the Senator asks a
10 question directly on the bill? Or would the
11 Senator like me to just the question?
12 ACTING PRESIDENT WRIGHT: Senator
13 Montgomery, would you prefer an explanation?
14 SENATOR MONTGOMERY: Yes,
15 Mr. President. I was intending to ask that.
16 ACTING PRESIDENT WRIGHT: Senator
17 Alesi, an explanation has been asked for on
18 the bill.
19 SENATOR ALESI: Thank you,
20 Mr. President.
21 This bill does two things. It
22 recognizes the danger of providing false
23 information when it comes to someone
24 identifying themselves to a police officer,
25 recognizes the danger to society. And as a
Candyco Transcription Service, Inc.
(518) 371-8910
1071
1 result of that, it increases the penalties for
2 doing that.
3 It also removes the loophole, which
4 is a requirement currently in law that says a
5 police officer must inform the person who is
6 being asked for their identification that a
7 false statement could land them in trouble.
8 ACTING PRESIDENT WRIGHT: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: So,
11 Mr. President, through you, it's then the
12 intent of the sponsor, Senator Alesi, to in
13 fact remove the requirement that when a police
14 officer approaches a person and that person
15 may or may not misidentify himself or herself,
16 the officer is required to inform that person
17 that there are consequences for
18 misrepresenting themselves and, in the event
19 that they do so, it is currently a
20 B misdemeanor. So it's a misdemeanor.
21 Is that what the intent of this
22 legislation is? In other words, the police
23 officer no longer would be required to say to
24 that person, If you give me a false name,
25 there will be consequences?
Candyco Transcription Service, Inc.
(518) 371-8910
1072
1 ACTING PRESIDENT WRIGHT: Senator
2 Alesi.
3 SENATOR ALESI: Thank you,
4 Mr. President.
5 In my explanation I thought I was
6 clear when I said that it did remove the
7 loophole that exists in the existing
8 legislation, which requires a police officer
9 to inform someone that if they give false
10 information as far as their identity, that
11 there would be consequences.
12 So it is my intent to remove that
13 loophole, hopefully that it will protect those
14 people that would be victimized by anybody who
15 is trying to give false information, for
16 whatever nefarious reason they might be trying
17 to do it for.
18 The second part of this bill, in
19 response to the Senator's overall question as
20 to what the bill does, is it does increase the
21 penalties from a B misdemeanor to an A
22 misdemeanor.
23 SENATOR MONTGOMERY: Thank you,
24 Senator Alesi.
25 Mr. President, briefly on the bill.
Candyco Transcription Service, Inc.
(518) 371-8910
1073
1 ACTING PRESIDENT WRIGHT: Senator
2 Montgomery, on the bill.
3 SENATOR MONTGOMERY: Yes. I note
4 that Senator Alesi has introduced this bill in
5 prior years, and I have opposed it in the
6 past, will continue to, along with several
7 other of my colleagues.
8 I just want to make this comment on
9 the bill. Senator Alesi talks about removing
10 a loophole and he also talks about a victim,
11 protecting a victim. And I'm unable to
12 associate that with this legislation. Who is
13 being victimized?
14 I don't see why it's not convenient
15 or it somehow creates a safety issue for the
16 police officer who stops a person. Especially
17 since there are so many stops in my district,
18 and in New York City generally, of young
19 people, especially young African -- well,
20 young men of color, let me just say that, are
21 stopped frequently by the police.
22 So it seems to me that it's not an
23 imposition on the police officer to say to a
24 young person, when they are stopped: Listen,
25 if you give me a false name, if you give me
Candyco Transcription Service, Inc.
(518) 371-8910
1074
1 the wrong information, it is a misdemeanor, so
2 you need to tell me the truth.
3 Why wouldn't the police want to say
4 that? What is the problem with the police
5 having to give that kind of warning to a
6 person that they stop? And especially since
7 they stop so many people in my district and in
8 my part of the state.
9 So I have to oppose this. I also
10 am not clear why and what is the rationale for
11 raising it from a B misdemeanor to an
12 A misdemeanor.
13 So this really is very problematic
14 for me. It troubles me that we continue to
15 bring forward these kinds of bills which make
16 it possible for, one, many more consequences
17 of contact with police by certain people and,
18 two, to increase the penalties.
19 So this is a pattern. I continue
20 to oppose this way of addressing issues in our
21 cities and our state. And I'm going to vote
22 no on this legislation.
23 Thank you, Mr. President.
24 ACTING PRESIDENT WRIGHT: The
25 chair recognizes Senator Adams.
Candyco Transcription Service, Inc.
(518) 371-8910
1075
1 SENATOR ADAMS: In 2002 we had
2 97,000 UF-250s that took place in New York
3 City. That is the role of the police officer,
4 to stop someone and question them when they
5 believe the person has committed some type of
6 criminal behavior. In 2006 we had over
7 500,000. Eighty-five percent of those who
8 were stopped were either black or Hispanic.
9 One of the important tools that we
10 can give a police officer to use in his
11 arsenal to fight crime is the Miranda warning.
12 It tells the person who's about to be arrested
13 what are his requirements and what he or she
14 can or cannot do. We are empowering police
15 officers by telling them that it is a crime to
16 falsely impersonate yourself or give
17 misinformation. We are hampering police by
18 not allowing or requiring them to let that
19 person know it's a crime.
20 When you have over 500,000 stop,
21 question and frisks of young people -- many of
22 them are young people -- and don't give them
23 the opportunity to know before, you commit a
24 crime you should tell us the truth, that
25 allows them the opportunity to think of their
Candyco Transcription Service, Inc.
(518) 371-8910
1076
1 behavior.
2 Too many of our young people across
3 the country, they receive their education of
4 law enforcement from Hill Street Blues 101,
5 not from the reality of policing.
6 This is the wrong direction to go.
7 I don't know any men and women in law
8 enforcement who would believe that in any way
9 we are empowering them. I understand the
10 spirit of my colleague. I understand his
11 desires. But when you get down to the nitty
12 gritty 101 of policing, nothing would hamper
13 the ability of an officer to investigate, to
14 implement, or to administer a law by not being
15 able to tell a person it is against the law
16 not to lie to a police officer in the area of
17 their identity.
18 So we cannot cloak and disguise our
19 desire to properly carry out the crime
20 enforcement by not using some of the basic
21 principles of the Miranda warning that is
22 currently in place, that we should also have
23 it when it comes down to explaining to a
24 person you cannot lie about your identity.
25 ACTING PRESIDENT WRIGHT: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
1077
1 Connor.
2 SENATOR CONNOR: Thank you,
3 Mr. President.
4 Looking over the sheets, it looks
5 like I may have voted for this bill in 2005
6 and 2006. But after I heard Senator
7 Montgomery's comments and I heard the
8 sponsor's explanation, and reinforced by
9 Senator Adams said, I'm going to change my
10 mind. And let me tell you why.
11 You know, there was a move after
12 9/11, renewed, to have everybody carry a
13 national identity card. And civil
14 libertarians get really upset by that. Some
15 of them do. But I remember Professor
16 Dershowitz, who certainly is not a
17 pro-prosecution reputation, writing an oped
18 saying, look, in this country you have a lot
19 of rights. You have a right to privacy, you
20 have a right to due process and so on, but
21 there is no right to anonymity. There is no
22 right to anonymity. It's probably what led me
23 to, without looking at it closely, vote for
24 this bill in the past.
25 But I am concerned because the
Candyco Transcription Service, Inc.
(518) 371-8910
1078
1 reality is grownups, unless they're hardened
2 criminals or are wanted by the law, are going
3 to give their correct name to a police
4 officer. It's kids. It's kids who -- maybe a
5 19-year-old is worried that, gee -- I don't
6 know, I could see my kid saying, I don't want
7 to give my right name, they'll know who my dad
8 is and, you know, it might be embarrassing to
9 him because I'm cutting up with my friends on
10 the street corner.
11 Kids would casually give a false
12 name. A real wise guy might say his name is
13 Michael Mouse. You know? Now, not a polite
14 thing to do to a police officer, but we're not
15 talking about circumstances where the police
16 officer is necessarily in danger because he's
17 getting an answer like that. We're not
18 talking about circumstances where a police
19 officer has to act really quickly.
20 I mean, look, if he sees a real
21 crime taking place, he's going to arrest the
22 person and not worry about asking the person's
23 name until they're in cuffs and on their way
24 to the station house, or maybe in the station
25 house.
Candyco Transcription Service, Inc.
(518) 371-8910
1079
1 So we're not talking about those
2 circumstances where the police officer has to
3 be accommodated in the need to do things
4 quickly and urgently. You know, you don't
5 stop a bank robber and say, "What's your
6 name?" You disarm them, you cuff them, put
7 them in transport. You know, later on he's
8 asked his name, usually when he's being
9 printed.
10 So we are talking about the more
11 casual encounters that police officers have,
12 usually with young people on the streets. And
13 I don't see any undue burden on the police
14 officer to give the kid a second chance by
15 saying, "Listen, you know, you give me a wrong
16 name, it's a crime. It's a misdemeanor."
17 What's the big deal? Most kids are
18 going to go: "Oh. Well, you know, I was just
19 kidding, my real name is" -- whatever. So I
20 don't see what's wrong with that. And I don't
21 see the need to make it an A misdemeanor with
22 a year in jail.
23 If the person was giving a false
24 name because they're wanted, because there's
25 warrants out, there will be other consequences
Candyco Transcription Service, Inc.
(518) 371-8910
1080
1 beside the B misdemeanor. But if the only
2 thing the person does wrong is persist, for
3 whatever reason -- they don't want their
4 parents or whatever to find out they had any
5 encounter with a police officer -- certainly a
6 B misdemeanor is a pretty stringent penalty
7 for that. Certainly most people would think,
8 gee, you're guilty of a crime for doing that
9 and you committed no other crime?
10 As I say, if you had a really
11 ulterior motive, if the person has an ulterior
12 motive for giving a false name, then there's
13 other consequences. They obviously are
14 wanted, there's going to be further
15 investigations. And that's fine too.
16 So I'm going to vote no this year
17 on this bill, because I don't see the
18 necessity for it, I think it's really unwise
19 and unnecessary.
20 Thank you.
21 ACTING PRESIDENT WRIGHT: Senator
22 Alesi.
23 SENATOR ALESI: On the bill,
24 Mr. President. Thank you.
25 And I appreciate the comments of my
Candyco Transcription Service, Inc.
(518) 371-8910
1081
1 colleagues. Interesting to me that Senator
2 Connor would change his vote when nothing
3 really in society has changed except that
4 those people who are victimized, the ones that
5 really suffer because someone lies about who
6 they are when a police officer confronts them,
7 steals their identification, might be someone
8 who has just perpetrated a crime, someone who
9 might be a sex offender, a predator, any of
10 those things.
11 The other side of the equation, my
12 side of the equation, is recognizing that
13 society is victimized when someone's identity
14 is given falsely.
15 And this stems directly from an
16 instance when a police officer pulled someone
17 over and asked him what his name was, he gave
18 him a false name, someone whose name was
19 similar to his, and that innocent victim had
20 to go through a whole series of trials and
21 tribulations to reinstate himself because
22 someone stole his name, someone used his
23 identity when he was asked by a police
24 officer.
25 We're not talking about police
Candyco Transcription Service, Inc.
(518) 371-8910
1082
1 officers that are just casually coming up to
2 someone and saying, "What's your name?"
3 That's not what this bill is about. This bill
4 recognizes that someone who doesn't tell the
5 truth when they're talking to a police officer
6 has a reason to hide something.
7 All it does is recognize, in many
8 cases, that if the police officer failed to
9 say, "By the way, you're not three years old
10 so you probably know this already, but I'm
11 required to tell you that if you lie to me,
12 there will be consequences" -- it recognizes
13 that there are people that are going to lie.
14 And if he doesn't give that warning, the case
15 gets thrown out.
16 And so in the instance of that
17 person that was a victim of false personation,
18 nobody got punished for it. The liar got off
19 scot-free because the police officer, for
20 whatever reason, didn't say, "If you don't
21 tell the truth, there's consequences."
22 So when we're looking to protect
23 people, when we're looking to talk about
24 victims, what we really need to do is say
25 who's on the other side of the intent to lie,
Candyco Transcription Service, Inc.
(518) 371-8910
1083
1 to misinform when a police officer, who's
2 charged with upholding the law and protecting
3 all of us -- and not just some of your
4 constituents, but all of your constituents --
5 recognizes that this offers protection to real
6 victims.
7 In the case of Miranda, I don't
8 want to open this up too much, but that
9 happens at the time of arrest. Nobody's
10 dismantling that. That isn't even part of
11 this debate.
12 This debate is simply limited to
13 the fact that if a police officer forgets to
14 tell you that there are consequences for
15 lying, which is something that every honest
16 and decent person knows you don't lie to a
17 police officer, if he forgets to tell you
18 that, then there's no case. That offers
19 protection to real victims. And it just steps
20 up the penalty for those people who do lie.
21 And that's appropriate.
22 ACTING PRESIDENT WRIGHT: Senator
23 Adams, on the bill.
24 SENATOR ADAMS: On the bill,
25 Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
1084
1 Again, I want to say I understand
2 the desire of my colleague in dealing with the
3 issues not to hamper the ability of a law
4 enforcement officer of carrying out his role
5 of public safety.
6 And if we're not careful, when we
7 pass laws in the sterilized environment of the
8 Senate we don't realize the real practical
9 dirty dealings of the real universe of
10 policing.
11 When you look at crimes like
12 disorderly conduct, resisting arrest, you see
13 that they are victimless crimes, they're
14 crimes that take place based on the police
15 officer's encounter with a civilian. So here
16 in this clean, pristine, sterilized
17 environment, it seems unrealistic that the
18 average 17-year-old that carries out behavior
19 that's reflective and indicative of a youth,
20 something that some of us have forgotten how
21 we were.
22 But as one time I remember jumping
23 the turnstile and a cop asking me what was my
24 name, and I said it was John. And if you read
25 the back of the chair, you'll know it's Eric.
Candyco Transcription Service, Inc.
(518) 371-8910
1085
1 We make mistakes as children. If
2 we start the process of taking juvenile
3 behavior and criminalizing it, we're going to
4 create an environment of the criminalization
5 of young people. And when I look at the
6 UF-250s in New York City and see 85 percent of
7 500,000 were black and brown kids, I'm
8 concerned. When I reflect on my 22 years of a
9 police officer, from cop, sergeant, lieutenant
10 and cracking the glass ceiling to become a
11 captain, I'm concerned.
12 So for people to tell me that don't
13 worry about this, the victims are going to be
14 protected, that's a make-believe universe. In
15 the real universe of policing you do not
16 hamper the police by ensuring they verbalize
17 that there's a crime that takes place if you
18 improperly identify yourself.
19 Now, are we concerned about those
20 who steal ID? Yes, we are. That's why we
21 have laws that address those who use
22 fraudulent means to take a person's ID.
23 That's what the law is for.
24 But we cannot continue to push
25 through, because it's politically expedient
Candyco Transcription Service, Inc.
(518) 371-8910
1086
1 and it sounds good, laws will impact on real
2 people. The real people that I speak with
3 every day, the real people that I protected as
4 a police officer, the real people that sent me
5 to Albany to make sure those who have never
6 sat in a patrol car through the midnight
7 hours, those who have never held large number
8 of seminars and forums to educate young people
9 on what they can do if they're stopped by the
10 police.
11 It's not as though a third- or
12 fourth- or fifth- or eighth-grader can sit in
13 a school in this city or state and explain
14 what are the laws and what aren't the laws.
15 It's not as though that we have somehow
16 embraced and taught our young people on what
17 they could and can't do. No, we want to dupe
18 them with a three-card-monte process of saying
19 you made a mistake and now you are a criminal.
20 That's wrong. That's wrong.
21 Because when 16-year-old John makes
22 a mistake and lies to a cop and he's arrested
23 and he becomes 19-year-old Bobby looking for a
24 job, and he sits down to talk to American
25 Express or Smith Barney or Citicorp and he has
Candyco Transcription Service, Inc.
(518) 371-8910
1087
1 to fill out an application that he was
2 arrested, and the only reason he was arrested
3 is because he's a liar and he made a mistake,
4 corporate America is not going to say we
5 understand. You know what? In the eyes of
6 corporate America, he's a criminal.
7 So now Johnny is not employable and
8 now Johnny becomes a real criminal because he
9 can't get a job.
10 Stop it. The criminalization of
11 our good kids for stupid mistakes is the wrong
12 thing to do. There is no one in this chamber
13 that could reflect on their childhood
14 experience and can't say I made an error
15 somewhere. It's a mistake to do that.
16 I respect the spirit of my
17 colleague. I understand his passion of
18 protecting the public. I understand his
19 desire of making sure things are done
20 correctly to empower our police officers. But
21 if he or anyone else wants to take it from the
22 position of just the straight old flatfoot cop
23 that I was, this is not the way to go.
24 ACTING PRESIDENT WRIGHT: Any
25 other Senator wishing to be heard?
Candyco Transcription Service, Inc.
(518) 371-8910
1088
1 Debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT WRIGHT: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT WRIGHT:
11 Senator Alesi, to explain his vote.
12 SENATOR ALESI: Thank you,
13 Mr. President. I'll try to be brief on this
14 issue.
15 If I could be helpful at all in
16 trying to clear up the confusion on the other
17 side of the aisle, this is about protecting
18 victims. It is appropriate. This isn't
19 singling out somebody for some reason other
20 than recognizing that victims of crime are
21 victims, not people who are simply asked who
22 they are.
23 And because of that, and because of
24 the real world experience that I cited in my
25 remarks earlier, I'm voting yes and I urge my
Candyco Transcription Service, Inc.
(518) 371-8910
1089
1 colleagues to vote yes as well.
2 ACTING PRESIDENT WRIGHT: Senator
3 Diaz, to explain his vote.
4 SENATOR DIAZ: This is a school
5 here. After listening to the captain, to the
6 master, and his reason and his explanation,
7 whoever votes in favor of that bill needs to
8 be judged by a higher authority.
9 Mr., Senator, Captain Adams, I want
10 to be like you when you I grow up. You
11 convinced me with facts. You convinced me
12 with words better said than anybody else. I
13 voted yes last year. And listening to you on
14 the reasons you're giving me and the way you
15 put it, how could I vote yes? How could
16 anybody vote yes? Mr. Senator Adams, you are
17 it.
18 Thank you very much. I'm voting
19 no.
20 ACTING PRESIDENT WRIGHT: Senator
21 DeFrancisco, to explain his vote.
22 SENATOR DEFRANCISCO: I'll
23 explain how someone could vote yes.
24 Number one, with respect to the
25 Miranda warnings, you don't even have to give
Candyco Transcription Service, Inc.
(518) 371-8910
1090
1 those upon arrest, it's only when you want to
2 question somebody. That is the specific
3 purpose behind it. You can't use a statement
4 unless the Miranda warnings were given.
5 With respect to whether it's good
6 police practice or not, as Senator Adams
7 suggested, to advise the person -- this
8 doesn't say young people, it says person --
9 that if they lie about their identity they
10 could get in trouble, if that's good police
11 practice, this bill doesn't stop you from
12 doing that if you choose to do that.
13 All this bill says is if you
14 misidentify yourself, a police officer doesn't
15 have to explain that that's wrong. And I
16 think one phrase that Senator Alesi made was
17 pretty clear, that a 3-year-old would know
18 it's wrong. I mean, what are you explaining?
19 What information are you giving to the person?
20 And if they make a mistake, God --
21 every one of us has made a mistake as a young
22 person. That doesn't mean you're going to be
23 prosecuted, tried and convicted. But it's a
24 worse mistake to have a child or anyone else
25 misidentify himself and then not be able to
Candyco Transcription Service, Inc.
(518) 371-8910
1091
1 have any consequences for it because the
2 police officer failed to identify that this is
3 something wrong.
4 To me, that's a horrible message to
5 a young person. It's better there is a
6 consequence because it is a wrong thing to do,
7 especially to a police officer.
8 So I don't -- that's how I vote
9 yes, Senator Diaz, and I would stand by that
10 rationale.
11 Thank you.
12 ACTING PRESIDENT WRIGHT: Senator
13 Adams, to explain his vote.
14 SENATOR ADAMS: With respect to
15 my colleague, some bills don't have to state
16 that they identify young people. When you do
17 an analysis of the interaction between police
18 and civilian, the overwhelming number of
19 interactions are young people, overwhelming.
20 Currently the reason I'm voting the
21 way I am is because the current laws, as they
22 state, if a person commits a crime and the
23 police officer questions him and fails to give
24 him his Miranda, then in the proceeding the
25 fruits of the poisonous tree kicks into place,
Candyco Transcription Service, Inc.
(518) 371-8910
1092
1 where if the police officer questioned this
2 person on dealing with a particular crime and
3 that police officer didn't give the person the
4 Miranda, you endanger the entire charge. So
5 those systems that are put in place is to
6 safeguard the public.
7 If a person commits multiple crimes
8 and the only crime we're talking about is that
9 he lied on his identity, you don't lose those
10 crimes that he committed. That person would
11 still be arrested for those crimes and
12 prosecuted for those crimes.
13 So we're not jeopardizing the
14 process of the criminal justice system by
15 ensuring that that warning is in place
16 beforehand. And that's why I'm voting no.
17 ACTING PRESIDENT WRIGHT: Senator
18 Adams will be recorded in the negative.
19 Announce the results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 25 are
22 Senators Adams, Connor, Diaz, Duane,
23 Hassell-Thompson, Huntley, L. Krueger,
24 Montgomery, Parker, Perkins, Sampson, Savino,
25 Serrano, and Stewart-Cousins.
Candyco Transcription Service, Inc.
(518) 371-8910
1093
1 Ayes, 47. Nays, 14.
2 ACTING PRESIDENT WRIGHT: The
3 bill is passed.
4 Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 just a reminder that there is a regularly
7 scheduled meeting of the Crime and Corrections
8 Committee at 1:30 in Room 124.
9 If we could continue with the
10 controversial reading of the calendar.
11 ACTING PRESIDENT WRIGHT: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 192, by Senator DeFrancisco, Senate Print
15 1829A, an act to amend the Penal Law.
16 ACTING PRESIDENT WRIGHT: Senator
17 C. Johnson.
18 SENATOR CRAIG JOHNSON: Thank
19 you, Mr. President. Will the sponsor, Senator
20 DeFrancisco, yield for a question?
21 SENATOR DEFRANCISCO: Yes.
22 ACTING PRESIDENT WRIGHT: Senator
23 DeFrancisco, will you yield for a question?
24 SENATOR DEFRANCISCO: Yes.
25 ACTING PRESIDENT WRIGHT: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
1094
1 you.
2 The Senator yields, Senator
3 Johnson.
4 SENATOR CRAIG JOHNSON: Thank
5 you. Through you, Mr. President, I'm seeking
6 a clarification from the sponsor.
7 And will the sponsor clarify the
8 definition in -- the new definition, which is
9 C, which is member of the armed forces? Does
10 that definition include a person who is in the
11 military reserve, whether or not that's on
12 active duty or inactive duty?
13 ACTING PRESIDENT WRIGHT: Senator
14 DeFrancisco.
15 SENATOR DEFRANCISCO: The intent
16 of the bill is it doesn't differentiate
17 between the two, and both would be included.
18 SENATOR CRAIG JOHNSON: I'm
19 sorry, Mr. President, I didn't hear.
20 SENATOR DEFRANCISCO: The bill
21 doesn't differentiate between active and
22 nonactive, and so the intent of the bill is to
23 include both.
24 ACTING PRESIDENT WRIGHT: Senator
25 C. Johnson.
Candyco Transcription Service, Inc.
(518) 371-8910
1095
1 SENATOR CRAIG JOHNSON: Thank
2 you, Mr. President. I've been clarified.
3 Thank you very much.
4 ACTING PRESIDENT WRIGHT: Thank
5 you.
6 Is there any Senator wishing to be
7 heard on the bill?
8 Debate is closed.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT WRIGHT: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT WRIGHT: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 224, by Member of the Assembly Silver,
22 Assembly Print Number 3736A, an act to amend
23 the Executive Law.
24 ACTING PRESIDENT WRIGHT: Senator
25 Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
1096
1 SENATOR SKELOS: Can we now take
2 up Calendar Number 224.
3 ACTING PRESIDENT WRIGHT: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 224, by Member of the Assembly Silver,
7 Assembly Print Number 3736A, an act to amend
8 the Executive Law.
9 ACTING PRESIDENT WRIGHT: Senator
10 Winner.
11 SENATOR WINNER: Thank you,
12 Mr. President.
13 Today is a major, significant day
14 for the New York State Senate as we pass
15 landmark ethics and lobbying reform
16 legislation as part of a three-way agreement
17 between all the parties, among all the
18 parties. The Assembly has already passed this
19 measure, and the Governor is obviously poised
20 to sign it, as it is his program bill as well.
21 This will impose significant new
22 standards for public officials in New York
23 State, it will strengthen penalties for ethics
24 violations and will establish an independent
25 Public Integrity Panel to enforce ethics and
Candyco Transcription Service, Inc.
(518) 371-8910
1097
1 lobbying laws.
2 Certainly this agreement combines
3 the current State Ethics Commission and the
4 State Lobbying Commission. It certainly would
5 also replace the current Legislative Ethics
6 Committee with a new Legislative Ethics
7 Commission that has a majority of independent
8 members and requires some new disclosure
9 requirements.
10 These are reforms will make state
11 government much more transparent and open. It
12 certainly builds upon the record of this body
13 in the past. For over ten years we have
14 proposed new strict lobbying and ethics
15 disclosure forms and provisions in this house,
16 and we've been out in front on this issue for
17 many, many years.
18 Two years ago we took a major step
19 forward when we passed legislation that I
20 sponsored that implemented certain reforms
21 with regard to procurement lobbying reform.
22 And those were at the time the most sweeping
23 reform and overhaul of the state's lobbying
24 laws in a generation.
25 The reforms that we're doing today
Candyco Transcription Service, Inc.
(518) 371-8910
1098
1 are also very substantial. They would
2 prohibit all gifts from lobbyists and their
3 clients of more than nominal value, including
4 travel, lodging, and other expenses, and
5 broaden the type of lobbying activities that
6 lobbyists must disclose.
7 It would ban virtually all
8 honoraria for statewide officials, agency
9 heads and legislators, and it would prohibit
10 state employees from participating in any
11 personnel decisions or contracting with regard
12 to relatives.
13 It would prevent agency heads from
14 becoming a candidate for any compensated
15 elective office unless they resign or take
16 unpaid leave of office and would prohibit
17 elected government officials and candidates
18 for elective local, state, and federal offices
19 from appearing in taxpayer-funded
20 advertisements.
21 And it would also close the
22 revolving door by prohibiting former
23 legislative employees from directly lobbying
24 the Legislature for two years, and it would
25 expand the revolving-door prohibitions on the
Candyco Transcription Service, Inc.
(518) 371-8910
1099
1 Executive chamber employees to preclude
2 appearances before any state agencies.
3 These reforms and changes are
4 sweeping and they are significant, and it is
5 an example of how, when we work together, we
6 can achieve some great results for the State
7 of New York. And I commend them for your
8 passage.
9 ACTING PRESIDENT WRIGHT: Senator
10 Diaz.
11 SENATOR DIAZ: Thank you,
12 Mr. President.
13 Today is a great day for the State
14 of New York. Today we are passing a bill on
15 ethics reform. We all know, we all know that
16 we would not be here today passing this bill
17 if it were not because Governor Eliot Spitzer
18 and the New York media has pushed all of us to
19 do this, especially the five men in the room.
20 Today we have a bill sponsored by
21 Assemblymember Silver and Senator Bruno --
22 those are the leaders -- Silver, Bruno, the
23 two Minority Leaders and the Governor.
24 Because the press has been pressuring the
25 leaders, today we have a bill that everybody
Candyco Transcription Service, Inc.
(518) 371-8910
1100
1 is taking credit on. We have to understand
2 that we're doing it because of Eliot Spitzer.
3 However, people have told me, Don't
4 speak on the bill, because you're going to do
5 damage, damage to yourself. And other people
6 have told me, Do you have a death wish to
7 speak on this bill?
8 None of them. None of them. But I
9 know that people look at me different than all
10 of you. Because my positions on gay issues,
11 because my position on abortion, because my
12 position on moral issues, people look at me
13 different than some of you.
14 And the way -- as I told my
15 conference yesterday, I have tons of enemies
16 there waiting for me to fall down and to get
17 me. Reporters, community leaders, elected
18 officials, DAs, they're all there, waiting.
19 And I'm not opposing the bill, I'm
20 just going to give you my questions on the
21 bill. Because there are things in this bill
22 that open me, open myself to be a target. And
23 tomorrow you might read the newspaper talking
24 about me all kind of things. Because all it
25 needs is someone to say that you did something
Candyco Transcription Service, Inc.
(518) 371-8910
1101
1 wrong, and the media jumps on you. They write
2 everything about you that they could write,
3 and they don't even care if what is written
4 about you is true or not. And people read.
5 Now, they have some things here
6 that I have been questioning for a month in my
7 conference, and as of today I have no
8 response. One of the sections, called
9 "Honoraria," bans virtually all honoraria for
10 speeches given at a public or private
11 conference, convention, meeting, social event,
12 meal or like gathering by statewide elected
13 official agency heads legislators. Speeches
14 unrelated to our public office are excluded.
15 And I ask this question, the
16 question that I going to ask now, I asked that
17 question in my conference. And you know what?
18 People laughed at me. And the question I
19 asked was this. What happens to people like
20 me that are ministers? When we speak out
21 there and when we have to preach out there,
22 what happens to us?
23 You know the response I got in my
24 conference? One of the members says, "Oh,
25 allow me to collect the offerings." All the
Candyco Transcription Service, Inc.
(518) 371-8910
1102
1 members say, "Oh, I want to be your usher."
2 Funny. It was funny. But all the members
3 asked questions about their speeches out of
4 religion, and that was okay. And that was
5 okay.
6 But when I asked the question, when
7 they say -- the law says speeches unrelated to
8 their public office are excluded, you want to
9 tell me that when I speak -- you know, ladies
10 and gentlemen, I want to tell you, I want the
11 people in my 32nd Senatorial District that are
12 listening or viewing me to know that most of
13 my speeches, when I preach, are based on what
14 I do here. Most of my speeches when I speak
15 in my church are based on the wrong things
16 that are done in this place.
17 So it says speeches unrelated to
18 their public office are excluded. So does
19 that mean if I speak in my church and I talk
20 about the atrocities that sometimes are done
21 in this place or the immoral laws that
22 sometimes pass here, I'm going to be subject
23 to a violation of the ethical law because I'm
24 speaking related to my work?
25 And someone that runs against me or
Candyco Transcription Service, Inc.
(518) 371-8910
1103
1 a reporter could take that and say Senator
2 Diaz been accused of violating the Ethics Law,
3 because it says that I only can speak about
4 things that have nothing to do with my job
5 here.
6 And I'm telling you, all of you
7 today, and the people in my district, the ones
8 that vote for me, it will happen with me. I
9 will violate this law, because I will continue
10 speaking in my speeches about things that
11 happen here. Things that I believe are wrong,
12 when I speak in churches, I will speak about
13 the work that I do. I will violate the law.
14 They're going to -- they're going to -- this
15 is done specific to get me.
16 Let me tell you another thing.
17 Taxpayer-financed advertisements. Prohibit
18 elected government officials and candidates
19 for elective local, state or federal office
20 from appearing in taxpayer-funded
21 advertisements or promotions, including public
22 or community service announcements. Prohibit
23 the use of taxpayer money to pay for such
24 appearance.
25 What that means? I've been asking.
Candyco Transcription Service, Inc.
(518) 371-8910
1104
1 This State Senator -- none of you, but this
2 State Senator, I'm going to speak for
3 myself -- I contribute and I give money to
4 Little Leagues, I give money to social groups,
5 I pay for Family Days in all the housing
6 developments in my district. I pay and I help
7 with something called National Night Out. And
8 you know, most of those groups, when they
9 announce their event, they use my face and
10 they put my name. This law says that if they
11 do that, if they receive money from the public
12 funds, I will be in violation of the ethics
13 law.
14 My son and I -- see, in the County
15 of the Bronx, we have Puerto Rican Day Parade,
16 Dominican Day Parade, every kind of parade
17 except we never had, in the County of Bronx,
18 Afro-American Day Parade. My son and I
19 together, with Miss Carmella Price, in the
20 Bronx we organize the first Afro-American
21 parade in the Bronx County. And we are now
22 doing -- this has been going on for four years
23 that we're going to do this year.
24 And we give money to that people to
25 conduct the Bronx Afro-American Day Parade.
Candyco Transcription Service, Inc.
(518) 371-8910
1105
1 Carmella Price, my son and I, we did that.
2 And when they promote the parade, they use our
3 picture and they use our name.
4 They're going to say the law says
5 that if they do that, I will be in violation
6 of the Ethics Law. If a Little League or any
7 organization in my district, the ones that I
8 help, they do their party, they use T-shirts
9 and they put my name in the back, I will be in
10 violation of the Ethics Law.
11 If the flyer, as I said before, put
12 my -- look at this flyer. Look at this flyer.
13 It's my face. This flyer is done by the
14 New York Library Association.
15 ACTING PRESIDENT WRIGHT: Senator
16 Libous.
17 Excuse me, Senator Diaz.
18 Senator Libous.
19 SENATOR LIBOUS: Point of order,
20 Mr. President. I believe the Senate rules do
21 not allow visual aids on the floor.
22 SENATOR DIAZ: Okay.
23 ACTING PRESIDENT WRIGHT: Your
24 point is well taken, Senator.
25 SENATOR DIAZ: Accepted.
Candyco Transcription Service, Inc.
(518) 371-8910
1106
1 Please forget that you saw that.
2 (Laughter.)
3 ACTING PRESIDENT WRIGHT: Thank
4 you, Senator. We would not want to find you
5 in violation of our rules.
6 SENATOR DIAZ: I never showed
7 this here. It never happened.
8 But that is -- that face in that
9 poster will make all of us in violation of the
10 Ethics Law.
11 So this is a good day for New York.
12 And Governor Spitzer got also with the media
13 to do this, and the five leaders. But as of
14 today, those questions that I have, nobody has
15 answered to me.
16 Oh, it's a great bill. Of course
17 it's a great bill. But I have so many enemies
18 out there. People run against me, when people
19 going to run against me, they're going to
20 use -- how could I -- how would I know, how
21 would I know if an organization throws a flyer
22 with my face promoting their activity? How do
23 I know? I'm going to be in violation of the
24 Ethics Law because they're using my face.
25 So organizations cannot use your
Candyco Transcription Service, Inc.
(518) 371-8910
1107
1 face? If they receive public funds they
2 cannot put your name in any of their
3 literature, they cannot promote an activity
4 with your name or your face? You cannot be in
5 any announcement of any activity in the
6 community because you want to promote an
7 activity? I want to promote the Afro-American
8 Day Parade in the County of the Bronx. I
9 cannot be in any promotion because I will be
10 in violation of the Ethics Law?
11 So this is a day that the law has
12 made. We are passing a law -- and by the way,
13 I am voting for it. And I will support it and
14 I will vote for this law. I just wanted to
15 tell you that you cannot ask me to speak in my
16 church or in churches throughout the State of
17 New York and not use things that is done here,
18 because I will continue using that. And I
19 will be subject to be in violation of the
20 Ethics Law that we -- that I am approving
21 today.
22 But I will continue using and
23 preparing speeches and giving lectures
24 throughout the state to the Hispanic
25 community. To the Hispanic evangelical
Candyco Transcription Service, Inc.
(518) 371-8910
1108
1 community, I will continue giving lectures and
2 speeches in what happens here.
3 And they sometimes will give me an
4 offering. They sometimes will pay my fee.
5 And they sometimes will give me something.
6 Many times they don't, many times they do. My
7 church will continue giving me my stipend, and
8 I will continue speaking in my church against
9 what I believe is immoral, against what I
10 believe is no good, against what I believe is
11 wrong. That's my job as a State Senator, that
12 is my job as a preacher.
13 The bill says I cannot do that?
14 Ladies and gentlemen, people that are watching
15 me in my district, I will be in violation of
16 the Ethics Law. The law says that community
17 group cannot promote my face? I will promote
18 one of the biggest things that I think will
19 happen soon in the Bronx, the Afro-American
20 Parade in the Bronx County soon will be the
21 biggest thing that ever happened in the County
22 of the Bronx. And I will continue promoting
23 that, and I will continue fighting for that.
24 The Ethics Law says I cannot do it.
25 People cannot put my name, people cannot use
Candyco Transcription Service, Inc.
(518) 371-8910
1109
1 my name, committees cannot use my name. And
2 tomorrow the New York Post will put my name in
3 their editorial: the corrupt Senator. And
4 they will call me all kind of things. And
5 there are people dying to get me.
6 You know sometimes what I think?
7 Go ahead, hurry up, do it. As Jesus told
8 Judah: Judah, I know what you're going to do,
9 I know what it is you intend to do. And that
10 was in the Last Supper. Hurry and up and do
11 what you have to do.
12 People out there who are trying to
13 get me, here is the opportunity. With this
14 bill, they really have the opportunity to get
15 me.
16 I'm voting yes, Mr. President. I'm
17 voting yes, ladies and gentlemen. But I have
18 to vent. I have to vent the funny things, the
19 abuses and the things that happen even in my
20 own Democratic conference when they talk about
21 my religion and they think that it's funny. I
22 will vote yes, and this bill will hang me.
23 Ladies and gentlemen, thank you
24 very much. Mr. President, I just want to say
25 that.
Candyco Transcription Service, Inc.
(518) 371-8910
1110
1 ACTING PRESIDENT WRIGHT: Thank
2 you, Senator Diaz. You will be recorded in
3 the affirmative.
4 Senator Connor.
5 SENATOR CONNOR: Thank you,
6 Mr. President.
7 I'm going to vote for this bill.
8 I'm delighted that it has a total gift ban. I
9 first proposed that as a Senate rule some, I
10 don't know, eight or nine years ago. And
11 we -- I certainly have observed, for the last
12 I guess it's nine years, a voluntary gift ban
13 that many of us committed to then. I think
14 many of us have. I'm not sure newer members
15 who have come in since then are as up to par
16 on understanding what that meant.
17 This has many, many good provisions
18 in it. Things that are not in it that I would
19 like to have seen is I don't know why, when we
20 do our financial disclosures, the amounts are
21 masked out. I know how it got there. I
22 remember, back when that passed in 1987 or
23 '88, a particular leader being concerned about
24 not showing the amounts.
25 But, you know, I told the press,
Candyco Transcription Service, Inc.
(518) 371-8910
1111
1 when they asked me about that: "You want to
2 see?" Anybody can call my office since 1987
3 and get a copy of my ethics report with the
4 amounts shown, the categories of amounts.
5 Nobody ever asked. But it was always there.
6 I've occasionally given it to a reporter who I
7 had this discussion with.
8 I think that should be out there.
9 I think we need to address the perception
10 that's out there that's been fostered in
11 certain quarters, you know, that somehow or
12 other the Legislature as an institution
13 suffers from ethical blindness or lack of
14 sensitivity to ethical concerns.
15 Things that aren't in here that
16 should be. Addressing what Senator Diaz did,
17 because I agree. The honoraria ban, good
18 government groups, the press got on it.
19 Honoraria, honoraria. Let me say something,
20 Mr. President. In 29 years here, and I've
21 been known to give a good speech or two, I've
22 never gotten an honorarium for a speech.
23 Never asked. A couple of times it was
24 offered. I said, "Nah, give something to
25 charity."
Candyco Transcription Service, Inc.
(518) 371-8910
1112
1 In banning honoraria, it's
2 interesting -- and it's what Senator Diaz
3 tried to address -- there's an attempt to
4 carve out things. Like there's a carve-out
5 for if it's not related to your work here, you
6 can do it. And you can get travel
7 reimbursement if it's related to your other
8 business or profession. I say to my lawyer
9 colleagues, go give a speech somewhere and
10 talk about the law.
11 And I have been asked to do that,
12 to talk to lawyers' groups and other groups
13 and explain election law. Everybody knows I
14 do that. That's related to my profession. I
15 practiced that kind of law, believe it or not,
16 long before I was elected a mere 29 years ago.
17 How is it not related to what we do
18 here, though? Someone will say, Connor got
19 paid to go talk to this group and instruct
20 them on the developing election law. And of
21 course any good lawyer knows, if you go to a
22 CLE course and all, part of the commentary is
23 going to be, well, there have been proposals
24 to change this, this is likely to change or a
25 new law passed last year and it changed this.
Candyco Transcription Service, Inc.
(518) 371-8910
1113
1 That's what lawyers do, as lawyers. But how
2 does that not relate to what I do here?
3 And I say to every one of my lawyer
4 colleagues, go give a talk somewhere to a
5 group that pays you to talk about your
6 particular area or expertise in the law. And
7 you tell me how that's never related to votes
8 you take here or laws that get passed here.
9 It always is.
10 And I say to other colleagues with
11 outside interests, suppose you're an insurance
12 broker or an insurance whatever, go give a
13 talk in your other profession to a group on
14 insurance. Get reimbursed for the travel to
15 Kansas to give the speech. Get paid for your
16 time. How is that unrelated to what the
17 Legislature does? You work, you pass on
18 insurance laws all the time.
19 And take any other area of
20 business. If your profession is educator --
21 and, I don't know, we have former educators
22 here. I know we once had a colleague a few
23 years back, he was actually the chair of our
24 conference -- we had two, actually. Their
25 outside -- as they put it, their outside
Candyco Transcription Service, Inc.
(518) 371-8910
1114
1 business interests were they were educational
2 consultants.
3 Now, they never did any work in
4 New York State. I understood that. Didn't
5 want the appearances of that. But how, being
6 an educational consultant in Colorado, how is
7 that not related to the work you do here on
8 education issues?
9 So I think this attempt to carve
10 out and protect members' legitimate outside
11 interests will fail woefully. And that brings
12 us to the point. What's really the point?
13 My colleagues, it's time to bite
14 the bullet. Congress did it 30-some years
15 ago, in the face of concerns that we have been
16 hearing in the public these past years.
17 Congress did it. They finally bit the bullet
18 back in the late '70s and they said no more
19 active, as opposed to passive, outside income.
20 They also doubled their salaries and put a
21 COLA feature in. And they eliminated all
22 sorts of concerns.
23 Yeah, they got in a jam a decade
24 later because there was an exception if you
25 published books. And we all know the history
Candyco Transcription Service, Inc.
(518) 371-8910
1115
1 of that. And a couple of people got burned
2 with their so-called publications that they
3 were pushing on interest groups by the boxful.
4 But it's time to -- you know, this
5 attempt to have it both ways isn't going to
6 work. What Senator Diaz said is true. What I
7 say is true. You think about it. You think
8 about it before you go to some business or bar
9 association or whatever event, forum,
10 conference somewhere where you're being
11 reimbursed for your travel and you're getting
12 paid for your time. How does anything that
13 goes on not relate to what this Legislature
14 does?
15 And it's time, and I will have
16 legislation to propose shortly, that we just
17 bite the bullet. If you want to serve -- and
18 look, let's get real, all of us who try and do
19 something else. How much time do you really
20 have to spend on your business or law
21 practice? Very little. The demands of this
22 job, in the 29 years I've been here, have just
23 increased, increased, increased.
24 People say to me, Oh, you have a
25 law practice. Yeah. Why do I do election law
Candyco Transcription Service, Inc.
(518) 371-8910
1116
1 besides the fact that I know how to do it?
2 Well, July and August. Sometimes it's the end
3 of November. That's about it. It works with
4 our legislative schedule.
5 A real law practice with real
6 clients? Not that all of you as candidates
7 aren't real clients. I try and make you real
8 clients to pay bills. Sometimes that doesn't
9 work.
10 And by the way, the interesting
11 thing is the press say to me -- you know, they
12 say to lawyers, list your clients, list your
13 fees, make them public. Now, we know, if we
14 are lawyers, well, you have confidentiality
15 problems doing that.
16 I always say to the press, go to
17 the Board of Elections. You'll find all my
18 clients. You'll find all my fees. They're in
19 campaign reports. So I really -- that's why I
20 never mind giving out my ethics disclosure
21 with how much I make. If somebody diligently
22 added it all up from the Board of Elections
23 records, they'd know.
24 But it is time to bite the bullet.
25 This attempt to have it both ways and to pick
Candyco Transcription Service, Inc.
(518) 371-8910
1117
1 on honoraria -- is the problem really that
2 somebody gets a $300 honorarium and that's a
3 bigger problem than somebody who gets some
4 huge consulting or legal retainer contract and
5 it's not clear to the public?
6 And I'm not saying you're not doing
7 the work for it, but it's not clear to the
8 public why you're getting that $100,000 or
9 $50,000 check from a group that coincidentally
10 has some indirect or direct interest in some
11 legislation or whatever.
12 So it's really -- this attempt to
13 please them and say, Oh, we got rid of
14 honoraria -- oh, but we have these
15 exceptions -- the exceptions won't work. The
16 measure doesn't go far enough. Once they
17 start picking at the holes in this and
18 pointing fingers, we will not have cured the
19 problem of perception. We'll be right back
20 where we started from, with far less
21 credibility.
22 So I'm going to vote yes, but I
23 don't think this is the answer. And I have
24 serious, serious concerns. And you, my
25 colleagues -- you, my colleagues who have
Candyco Transcription Service, Inc.
(518) 371-8910
1118
1 outside business interests, ought to have the
2 same concerns.
3 Thank you, Mr. President.
4 ACTING PRESIDENT WRIGHT: Any
5 other Senator wishing to speak?
6 Debate is closed.
7 The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 46. This
10 act shall take effect on the 30th day.
11 ACTING PRESIDENT WRIGHT: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT WRIGHT: Senator
15 Lanza, to explain his vote.
16 SENATOR LANZA: Thank you,
17 Mr. President.
18 I rise to support this bill. I
19 will be voting in the affirmative.
20 I've heard the concerns, and
21 they're valid. But as Senator Connor said,
22 it's time to do something and the time is now.
23 And I am pleased to be part of these historic
24 reforms which I believe will bring
25 accountability and transparency to this great
Candyco Transcription Service, Inc.
(518) 371-8910
1119
1 state government.
2 And I want to thank Senator Bruno
3 for his leadership, Senator Winner as well,
4 and all my colleagues who have brought us to
5 this historic point.
6 In some respects this is the most
7 important measure that we will address in this
8 body, because everything else that we seek to
9 do as we advance the best interests of the
10 people that we represent, the success of all
11 that, in part, depends on us getting this
12 right.
13 And that's because it is important
14 for the people to have trust and confidence in
15 us that government will work effectively,
16 efficiently, and honestly on their behalf.
17 And that's because the compact that we have,
18 the covenant that we have is with them, the
19 people, not the Governor or some special
20 interest.
21 And it's important that we have
22 that trust as well. That, at the end of the
23 day, is our lifeblood, the trust of the people
24 who sent us here to do their bidding.
25 There have been practices that have
Candyco Transcription Service, Inc.
(518) 371-8910
1120
1 tended to erode that trust. I think this
2 measure goes a long way in restoring that
3 trust. And I think that this measure is
4 important not just for what it does but for
5 what it allows us to do, and that is to
6 advance the best interests of the people of
7 the State of New York, to deliver the best
8 healthcare system, education, improve
9 transportation, reduce government waste,
10 reduce the onerous and punitive taxes that are
11 driving families and businesses out of this
12 state.
13 And so that's why I believe this is
14 an historic day and this is historic
15 legislation. And that's why I support it and
16 I vote aye, Mr. President.
17 ACTING PRESIDENT WRIGHT: Senator
18 Lanza will be recorded as an aye.
19 Senator Liz Krueger, to explain her
20 vote.
21 SENATOR LIZ KRUEGER: Thank you.
22 To explain my vote.
23 I also just wanted to rise quickly
24 to say how important I think this legislation
25 is. I'm very proud that three bills that I
Candyco Transcription Service, Inc.
(518) 371-8910
1121
1 have carried in this Senate, in 2004, 2005 and
2 2006, actually are incorporated into this
3 legislation.
4 And I know that there's
5 controversy. And I know that some of our
6 colleagues have raised concerns about the
7 standards we are held to in this bill. But as
8 I often explain to people in my own district,
9 it is an honor, a privilege and a
10 responsibility to serve as a legislator
11 representing them. And we are the people who
12 they give the power to to make the laws that
13 they have to live under.
14 And so I make the argument that we
15 should be held to higher standards than our
16 constituents, because in fact no one put a gun
17 to any of our heads and made us become
18 New York State Senators or Assemblymembers or
19 other public officials. We asked for their
20 vote, their support. And we have an enormous
21 responsibility to be accountable to them and
22 for the laws of the state that affect all
23 19 million New Yorkers.
24 So I would argue that this is a
25 beginning, that there are more laws we need to
Candyco Transcription Service, Inc.
(518) 371-8910
1122
1 move -- on campaign finance, on how we use our
2 funds, on so many other reforms in this house
3 and in the other house. So I am proud to vote
4 for this bill, and I am delighted that we are
5 going to move this into law ASAP.
6 Thank you. I vote yes.
7 ACTING PRESIDENT WRIGHT:
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 Nays, 0.
11 ACTING PRESIDENT WRIGHT: The
12 bill is passed.
13 Senator Fuschillo.
14 SENATOR FUSCHILLO: Thank you,
15 Mr. President.
16 On behalf of Senator Maltese, on
17 page number 16 I offer the following
18 amendments to Calendar Number 172, Senate
19 Print Number 1237, and ask that said bill
20 retain its place on Third Reading Calendar.
21 ACTING PRESIDENT WRIGHT: The
22 amendments are retained and adopted, and the
23 bill will hold its place on the Third Reading
24 Calendar.
25 Senator Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
1123
1 SENATOR SKELOS: Mr. President, a
2 couple of things.
3 If the desk would please put all
4 members of the Senate on the legislation that
5 was just passed. If anybody wishes not to
6 sponsor it, they should indicate to the desk.
7 ACTING PRESIDENT WRIGHT: The
8 Secretary is so directed.
9 SENATOR SKELOS: Mr. President,
10 is there any further business at the desk?
11 ACTING PRESIDENT WRIGHT: There
12 is no further business, Senator Skelos.
13 SENATOR SKELOS: There being
14 none, I move we stand adjourned until Monday,
15 March 12th, at 3:00 p.m., intervening days
16 being legislative days.
17 ACTING PRESIDENT WRIGHT: On
18 motion, the Senate stands adjourned until
19 Monday, March 12th, at 3:00 p.m., intervening
20 days being legislative days.
21 (Whereupon, at 2:13 p.m., the
22 Senate adjourned.)
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910