Regular Session - May 1, 2007
2330
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 1, 2007
11 3:12 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I would invite everyone to join
5 with me in reciting the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: In the absence of
9 clergy, we will observe a moment of silence.
10 (Whereupon, the assemblage
11 respected a moment of silence.)
12 THE PRESIDENT: The reading of
13 the Journal.
14 THE SECRETARY: In Senate,
15 Monday, April 30, the Senate met pursuant to
16 adjournment. The Journal of Sunday, April 29,
17 was read and approved. On motion, Senate
18 adjourned.
19 THE PRESIDENT: Without
20 objection, the Journal stands approved as
21 read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
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1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Farley.
6 SENATOR FARLEY: Thank you,
7 Mr. President.
8 On behalf of Senator Morahan, on
9 page 30 I offer the following amendments to
10 Calendar Number 592, Senate Print 3960, and I
11 ask that that bill retain its place on the
12 Third Reading Calendar.
13 THE PRESIDENT: The amendments
14 are received and adopted. The bill will
15 retain its place on the Third Reading
16 Calendar.
17 SENATOR FARLEY: Mr. President, I
18 now move that the following bill be discharged
19 from its respective committee and be
20 recommitted with instructions to strike the
21 enacting clause. That's Senator Morahan's
22 bill, 5277.
23 THE PRESIDENT: So ordered.
24 SENATOR FARLEY: On behalf of
25 Senator Bonacic, Mr. President, I move that
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1 the following bill be discharged from its
2 respective committee and be recommitted with
3 instructions to strike the enacting clause.
4 That's Senate Print 5273.
5 THE PRESIDENT: So ordered.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 if we could adopt the Resolution Calendar at
9 this time.
10 THE PRESIDENT: All in favor.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed.
13 (No response.)
14 THE PRESIDENT: The Resolution
15 Calendar is adopted.
16 SENATOR SKELOS: Mr. President, I
17 believe the Minority are in conference right
18 now. We'll wait several more minutes, but
19 then we will start the noncontroversial
20 reading of the calendar.
21 Mr. President.
22 THE PRESIDENT: Senator Skelos.
23 SENATOR SKELOS: Yes, if we could
24 go to the noncontroversial reading of the
25 calendar, please.
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1 THE PRESIDENT: The Secretary
2 will conduct the noncontroversial reading of
3 the calendar.
4 THE SECRETARY: Calendar Number
5 361, by Senator Maziarz, Senate Print 3712, an
6 act to amend the Labor Law, in relation to
7 regulation.
8 THE PRESIDENT: The Secretary
9 will read the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 THE PRESIDENT: The Secretary
13 will call the roll.
14 (The Secretary called the roll.)
15 THE PRESIDENT: The Secretary
16 will announce the results.
17 THE SECRETARY: Ayes, 37.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 460, by Senator Maltese, Senate Print 1063, an
22 act to amend the Civil Service Law, in
23 relation to resolution of disputes.
24 THE PRESIDENT: Last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 37.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 494, by Senator Rath, Senate Print 2992, an
9 act to amend the Real Property Law, in
10 relation to campgrounds.
11 THE PRESIDENT: Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 37.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 517, by Senator Seward, Senate Print 2735, an
21 act in relation to creating a state civil air
22 patrol board.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 6. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 37.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 595, by Senator Morahan, Senate Print 2440, an
9 act to amend the Education Law, in relation to
10 tuition-free courses.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the first of January.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 37.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 612, by Senator Larkin, Senate Print 3898, an
22 act to amend the Racing, Pari-Mutuel Wagering
23 and Breeding Law, in relation to hearings.
24 THE PRESIDENT: Last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 37.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 613, by Senator Larkin, Senate Print 4059, an
9 act to amend the Racing, Pari-Mutuel Wagering
10 and Breeding Law, in relation to reciprocity
11 of licenses.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 39.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 615, by Senator DeFrancisco, Senate Print 38,
23 an act to amend the Executive Law, in relation
24 to establishing Ukrainian Independence Day.
25 THE PRESIDENT: Last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 39.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 621, by Senator Farley, Senate Print 1294, an
10 act to amend the Executive Law, in relation to
11 designation of August 7th as Family Day, a day
12 of commemoration.
13 THE PRESIDENT: Last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 30th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE PRESIDENT: Senator Duane, to
19 explain his vote.
20 SENATOR DUANE: Thank you,
21 Mr. President.
22 I'm going to be voting no on this
23 piece of legislation. I am taken aback that
24 today of all days, when the Empire State Pride
25 Agenda brought thousands of people here to the
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1 State Capitol to meet with legislators, to
2 rally on the lawn outside the Capitol, really,
3 for the sole purpose of trying to provide for
4 equal protection for our families -- and as
5 you can imagine, it's odd that there would be
6 a noninclusive Family Day piece of legislation
7 coming before us today.
8 As we look around us, Canada
9 Massachusetts, Vermont, New Jersey,
10 Connecticut, even New Hampshire all have
11 recognition of our families, of my family.
12 And we don't have that in New York State, and
13 it's not in this piece of legislation. And I
14 will be voting no.
15 Thank you, Mr. President.
16 THE PRESIDENT: Senator Duane
17 will be recorded in the negative.
18 The Secretary will announce the
19 results.
20 THE SECRETARY: Ayes, 38. Nays,
21 1. Senator Duane recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 624, by Senator Robach, Senate Print 2616A, an
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1 act to amend the State Finance Law, in
2 relation to state contracts.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 8. This
6 act shall take effect on the first of January.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 39.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 633, by Senator Skelos, Senate Print 4055, an
14 act to amend the General Business Law, in
15 relation to authorizing collateral loan
16 brokers.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 30th day.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 39.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 634, by Senator Skelos, Senate Print 4056, an
3 act to amend the General Business Law, in
4 relation to requiring employees.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 39.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 641, by Senator Volker, Senate Print 1971, an
16 act to amend the Civil Practice Law and Rules,
17 in relation to attorney-client privilege.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 39.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 643, by Senator Skelos, Senate Print 2374, an
4 act to amend the Criminal Procedure Law, in
5 relation to statute of limitations.
6 THE PRESIDENT: Last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Senator Duane, to
12 explain his vote.
13 SENATOR DUANE: Thank you,
14 Mr. President.
15 I'm going to be voting in the
16 negative on this one, regarding extending the
17 statute of limitations for commencing a
18 criminal case where DNA evidence is recovered,
19 even when there's a discrepancy between the
20 evidence and what's in the DNA index.
21 There are still problems with
22 storage of DNA handling of DNA, training of
23 people who handle DNA. And unless and until
24 we have a hearing on where exactly we're at on
25 these issues surrounding DNA, and come up with
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1 solutions for how we can best and most
2 carefully use DNA, I feel compelled to vote in
3 the negative.
4 Thank you, Mr. President.
5 THE PRESIDENT: Thank you,
6 Senator Duane.
7 Senator Duane will be recorded in
8 the negative.
9 The Secretary will announce the
10 results.
11 THE SECRETARY: Ayes, 38. Nays,
12 1. Senator Duane recorded in the negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 647, by Senator Volker, Senate Print 4020, an
17 act to amend the Civil Practice Law and Rules,
18 in relation to exempting service.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 90th day.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 39.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 650, by Senator Nozzolio, Senate Print 4043,
5 an act to amend the Penal Law and the
6 Correction Law, in relation to sexual conduct.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 39.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 652, by Senator Robach, Senate Print 4066, an
18 act to amend the Criminal Procedure Law, in
19 relation to revocation.
20 THE PRESIDENT: Last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 30th day.
23 THE PRESIDENT: The Secretary
24 will call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 39.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 653, by Senator Libous, Senate Print 4096, an
6 act to amend the Penal Law, in relation to
7 increasing the penalties.
8 THE PRESIDENT: Last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect on the first of
11 November.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 39.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 654, by Senator Volker, Senate Print 4114, an
19 act to amend the Criminal Procedure Law and
20 the Judiciary Law, in relation to allowing.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 5. This
24 act shall take effect on the first of
25 November.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 38. Nays,
4 1. Senator Duane recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 658, by Senator Lanza, Senate Print 4381, an
9 act to amend the Penal Law, in relation to
10 criminal street gang recruitment.
11 THE PRESIDENT: Last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 60th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Results.
17 THE SECRETARY: Ayes, 38. Nays,
18 1. Senator Duane recorded in the negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 659, by Senator Little, Senate Print 4513, an
23 act to amend the Criminal Procedure Law, in
24 relation to designating certain employees.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 38. Nays,
7 1. Senator Duane recorded in the negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 662, by Senator DeFrancisco, Senate Print
12 1830, an act to amend the Military Law, in
13 relation to the waiving of filing fees.
14 THE PRESIDENT: Last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 39.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 663, by Senator Morahan, Senate Print 2169, an
24 act to amend the Military Law, in relation to
25 extending.
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1 THE PRESIDENT: Last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 39.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 666, by Senator Saland, Senate Print 1096, an
11 act to amend the Education Law, in relation to
12 involuntary transfer.
13 SENATOR SKELOS: Lay that aside
14 temporarily, please.
15 THE PRESIDENT: Calendar Number
16 666 will be laid aside temporarily.
17 SENATOR SKELOS: Mr. President.
18 THE PRESIDENT: Senator Skelos.
19 SENATOR SKELOS: There will be an
20 immediate meeting of the Finance Committee in
21 the Majority Conference Room.
22 THE PRESIDENT: There will be an
23 immediate meeting of the Finance Committee in
24 the Majority Conference Room.
25 The Senate will stand at ease.
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1 (Whereupon, the Senate stood at
2 ease at 3:29 p.m.)
3 (Whereupon, the Senate reconvened
4 at 3:57 p.m.)
5 THE PRESIDENT: Senator Skelos.
6 SENATOR SKELOS: Mr. President --
7 I'm not sure whether to call you Mr. President
8 or Mr. Governor today. But it's great to see
9 you up there.
10 And if we could return to the
11 calendar, Calendar Number 666 was temporarily
12 laid aside. If we could take it up at this
13 time.
14 THE PRESIDENT: The Secretary
15 will read Calendar Number 666.
16 THE SECRETARY: Calendar Number
17 666, by Senator Saland, Senate Print 1096, an
18 act to amend the Education Law, in relation to
19 involuntary transfer.
20 THE PRESIDENT: Last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the first of
23 September.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE PRESIDENT: Senator Duane, to
2 explain his vote.
3 SENATOR DUANE: Thank you,
4 Mr. President.
5 I believe the last time that this
6 piece of legislation came to the floor, which
7 was in 2005, there were four members of the
8 conference that voted no on it -- myself,
9 Senator Velmanette Montgomery, Senator Ruth
10 Hassell-Thompson, and Senator Kevin Parker.
11 And I am going to be voting no on
12 it again this year, Mr. President, and I think
13 you might find there will be some other no
14 votes as well.
15 Thank you.
16 THE PRESIDENT: Senator Duane
17 will be recorded in the negative on Calendar
18 Number 666.
19 Senator Montgomery, to explain her
20 vote.
21 SENATOR MONTGOMERY: Yes,
22 Mr. President. I thank my leader for
23 reminding us, and I'm going to continue to
24 oppose this legislation.
25 And as I have said in the past, it
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1 is definitely not because I do not support
2 safety in the schools and all of the rationale
3 that is used to support this legislation.
4 However -- and the fact that we are
5 fairly loose in the way that we describe what
6 a student's behavior is under this bill. We
7 say "disruptive," and that is a very broad
8 description. It's very subjective. And I
9 don't believe that we should be in the
10 business of involuntarily transferring
11 students simply because they are disruptive by
12 someone's definition. That certainly is not
13 our intent to be used.
14 So I'm going to continue to oppose
15 this legislation, and I invite my colleagues
16 to join me in opposing this, especially in
17 light of the fact that we do not provide
18 enough support in our schools, including
19 school-based health clinics where they would
20 have health professionals, mental health
21 professionals, crisis intervention services,
22 and other supports for young people who come
23 to school who may have issues that bring them
24 to negative behavior that could be handled
25 otherwise besides carting them off
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1 involuntarily to some other place.
2 So, Mr. President, I vote no.
3 THE PRESIDENT: Senator
4 Montgomery will be recorded in the negative on
5 Calendar Number 666.
6 The chair recognizes Senator Diaz.
7 SENATOR DIAZ: Thank you,
8 Mr. Chairman, Mr. President.
9 Bullies are a problem. We have a
10 responsibility to educate everyone and to be
11 sure that no child is left behind. But in my
12 district, there are many mothers and many
13 parents that send their children to school and
14 they are afraid of what's happening to them.
15 And in our communities the dropout rate is
16 about 40 percent, and the great majority of
17 the dropout rate, the reason why our children
18 drop out of school, is because there are
19 bullies.
20 Bullies that fight with them,
21 bullies that abuse them, bullies that go to
22 the school with the only reason to show off,
23 to abuse other children, to disrupt the
24 schools. And the children that want to go to
25 school to study and those children that want
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1 to get a good education are stopped from
2 getting a good education because of the
3 bullies and because of the disruptive
4 children.
5 So yes, we have to provide for
6 everyone. But we have to take into
7 consideration that their parents -- in my
8 district, there are parents that have taken
9 their children out of the school because of
10 abuses from the bullies. So we have to be
11 sure that those children that want to be a
12 real good education, they get that. And if
13 for that we have to transfer the bullies out
14 of the school, we should do that.
15 Our system allows children to be
16 transferred for academic reasons. So for
17 academic reasons, they transfer children. So
18 if they transfer children for academic
19 reasons, why not transfer children for
20 disruptive and abusive situations? We have to
21 protect the teachers, we have to protect the
22 children, we have to protect everybody that
23 wants to go to school to learn.
24 So, ladies and gentlemen, I am in
25 support of this bill, and I ask everyone,
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1 before we vote and before we continue blaming
2 the system or that to consider those mothers
3 and those fathers, those parents that want to
4 protect their children and that wants a good
5 education for their children. Those are the
6 ones that we are supposed to have in mind and
7 those are the ones that we are supposed to be
8 protecting. I'm proudly voting yes on this
9 bill.
10 Thank you.
11 THE PRESIDENT: Senator Diaz will
12 be voting in the affirmative on Calendar
13 Number 666.
14 The Secretary will announce the
15 results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 666 are
18 Senators Adams, Duane, Montgomery, Parker and
19 Perkins.
20 Ayes, 53. Nays, 5.
21 THE PRESIDENT: The bill is
22 passed.
23 That completes the noncontroversial
24 reading of the calendar, Senator Skelos. What
25 is your pleasure?
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1 SENATOR SKELOS: Mr. President,
2 if we could return to reports of standing
3 committees, there's a report of the Finance
4 Committee at the desk. I ask that we take it
5 up at this time.
6 THE PRESIDENT: Reports of
7 standing committees.
8 The Secretary will read the report
9 of the Finance Committee.
10 If the bullies aren't quiet, we
11 will throw them out of this chamber.
12 THE SECRETARY: Senator O.
13 Johnson, from the Committee on Finance,
14 reports the following nominations.
15 As a member of the State Board of
16 Parole, George B. Alexander, of Erie.
17 THE PRESIDENT: On the
18 nomination. Senator Johnson.
19 SENATOR OWEN JOHNSON: Move the
20 nomination.
21 THE PRESIDENT: Senator Maziarz,
22 on the nomination.
23 SENATOR MAZIARZ: Thank you very
24 much, Mr. President.
25 I rise to support this nomination.
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1 George Alexander, from Western New York, has
2 had a distinguished career in Western New York
3 in the Erie County Probation Department, Youth
4 Detention Services, appeared before the Senate
5 Committee on Crime Victims, Crime and
6 Corrections, the Finance Committee.
7 I've known George for a long time.
8 This is the right spot, as chairman of the
9 Parole Board. And I know that George will do
10 an excellent job.
11 Congratulations, George, to you and
12 your family.
13 Thank you, Mr. President.
14 THE PRESIDENT: The question is
15 on the nomination of George Alexander as chair
16 of the New York State Parole Board. All in
17 favor please indicate so by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The nomination is
22 carried.
23 George Alexander, who is
24 accompanied today by his brother Oji and his
25 sister-in-law, Carolyn Reed, you have just
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1 been nominated and confirmed as the chair of
2 the New York State Parole Board.
3 Congratulations and best wishes in your
4 service.
5 (Applause.)
6 THE PRESIDENT: I also will make
7 mention of the fact that Senator Volker and
8 Senator Thompson wanted to lend their voices
9 to this nomination. It is carried
10 unanimously.
11 The Secretary will read.
12 THE SECRETARY: As a member of
13 the State Board of Parole, William M. Casey,
14 of Pleasantville.
15 THE PRESIDENT: On the
16 nomination, Senator O. Johnson.
17 SENATOR OWEN JOHNSON: Move the
18 nomination.
19 THE PRESIDENT: On the nomination
20 of William Casey, of Pleasantville, to the
21 New York State Parole Board. All those in
22 favor please indicate so by saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: Opposed, nay.
25 (No response.)
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1 THE PRESIDENT: William Casey,
2 who appears today with his wife, Mary, has
3 just been confirmed as a member of the
4 New York State Parole Board.
5 Congratulations, Mr. Casey, and
6 best wishes in your service.
7 (Applause.)
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: As a member of
11 the State Board of Parole, Henry Lemons, of
12 St. Albans.
13 THE PRESIDENT: Senator O.
14 Johnson.
15 SENATOR OWEN JOHNSON: Move the
16 nomination.
17 THE PRESIDENT: Senator Adams.
18 SENATOR ADAMS: Yes,
19 Mr. President, I rise in support of the
20 nomination of my friend and colleague, Henry
21 Lemons.
22 Henry was a member of the New York
23 City Police Department and several others --
24 if you read his bio, you'll see that he was a
25 member of several other law enforcement
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1 communities.
2 To sit on the Parole Board, it
3 gives him the opportunity to use those many
4 years of experience to make the very important
5 decision, are we going to allow individuals to
6 return back to our community? Are they ready
7 to be a member of society?
8 And I think that you need the level
9 of expertise that Henry brings. I think that
10 the Governor made a great decision in allowing
11 him to be a member of the Parole Board. We're
12 looking forward to have him on that Parole
13 Board and to use his experience as a law
14 enforcement in fighting narcotics on our
15 streets, fighting street-level crime,
16 predatory crime.
17 He truly was an asset to the
18 New York City Police Department and the other
19 law enforcement agencies that he was
20 affiliated with.
21 And I say congratulations to you,
22 Henry. It's clearly the state's gain by
23 having you on board.
24 THE PRESIDENT: On the
25 nomination, Senator Perkins.
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1 SENATOR PERKINS: Thank you,
2 Mr. President.
3 I just want to briefly add my voice
4 of congratulations and support to Henry Lemons
5 on his confirmation.
6 I wish you well and look forward to
7 working with you. You've come at a very
8 important time, and I think that there's a
9 great mission for you, and I think that we all
10 here are going to make sure that you are
11 successful.
12 Thank you so much.
13 THE PRESIDENT: On the
14 nomination, Senator Montgomery.
15 SENATOR MONTGOMERY: Yes,
16 Mr. President, I would be remiss if I didn't
17 rise to join my colleagues Senator Adams and
18 Senator Perkins in congratulating the nominees
19 here, both Mr. Lemons, who we're talking to
20 right now, but also Mr. Alexander and
21 Mr. Casey.
22 I want to say that definitely you
23 are important to certainly my district, people
24 in my district, and as well as my colleagues
25 who have spoken.
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1 The first time that I visited a
2 prison facility in the state was amazed when I
3 walked through the corridors and people
4 greeted me: "Hello, Senator Montgomery."
5 They were obviously people who had lived in my
6 district or had relatives in my district and
7 knew me or knew of me.
8 And so those people come back home
9 to my district and other parts of the city and
10 other parts of the state. And I believe that
11 it is extremely important that the face of the
12 criminal justice system, especially the face
13 of parole, should reflect the region and the
14 group that those people who are actually in
15 prison reflect as well.
16 So I'm happy to welcome you. And I
17 think that the Governor has made a very wise
18 appointment, because he understands the point
19 that we have made that the Parole Board needs
20 to be staffed and led by people who really
21 understand what the function of parole is, and
22 that is to help to successfully reintegrate
23 people back into their home communities as
24 opposed to being an obstacle to their ability
25 to successfully reenter.
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1 So, Mr. President, I join my
2 colleagues in complimenting the Governor on
3 these appointments, and wish you well and look
4 forward to working with you to make sure that
5 we are able to continue to be successful in
6 this state in helping people to reenter.
7 Thank you very much.
8 Thank you, Mr. President.
9 THE PRESIDENT: On the
10 nomination, Senator Nozzolio.
11 SENATOR NOZZOLIO: Thank you,
12 Mr. President.
13 Mr. President and my colleagues,
14 each of the nominees for the office of the
15 Parole Board, as parole commissioners, came
16 before the New York State Senate Committee on
17 Crime Victims, Crime and Corrections. We, in
18 a bipartisan fashion, reviewed their
19 qualifications.
20 And I can say that certainly they
21 are outstanding individuals who have a variety
22 of experiences -- particularly in law
23 enforcement, but also in parole -- that will
24 enhance the operations of the New York State
25 Board of Parole. That this confirmation
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1 process is an important process because it
2 provides the Senators the opportunity to
3 directly dialogue with potential nominees and
4 discuss very important issues of policy.
5 And I think it important to note
6 that particularly two of the commissioners,
7 the nominations, have had extensive experience
8 in law enforcement, were police officers. And
9 not just police officers, but police officers
10 that have achieved stellar performance ratings
11 throughout their career, have been involved in
12 very important cases in the New York City
13 Police Department, and have done exemplary
14 work as police officers -- as well as
15 experience in the parole system. Our nominees
16 bring that type of background and experience
17 to their new positions.
18 My admonition during the committee
19 review and continuing here on the floor is
20 that as their focus in their new endeavors
21 should be, first and foremost, to helping
22 achieve justice. That parole is an issue of
23 justice.
24 And if you are engaging in the
25 review of the character and qualifications of
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1 those who have been incarcerated and whether
2 those who have been incarcerated should be let
3 out on parole, that that, in effect, decision
4 is one that should be tempered by the view of
5 the crime victim.
6 Remember the victim of this crime,
7 as we this last few weeks commemorated Crime
8 Victims Week. That the focus needs to be
9 placed on how that victim had been victimized
10 by the perpetrator of the crime and whether
11 that perpetrator has in effect been
12 rehabilitated and justice has been achieved.
13 Having said that, I also wish to
14 congratulate these nominees, that we look
15 forward to working with them and making the
16 parole system a justice system. And that we
17 are very hopeful that they will continue to
18 focus on the fact that this body itself has
19 established a zero tolerance for violence in
20 New York and that we will entertain only those
21 who have been through achieving a balance in
22 justice, and justice for the crime victim in
23 particular.
24 Thank you very much, Mr. President.
25 THE PRESIDENT: On the
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1 nomination, Senator Smith.
2 SENATOR SMITH: Thank you very
3 much, Mr. President.
4 And let me rise to second the
5 nomination of Henry Lemons and echo much of
6 what has been said already about him.
7 He obviously has had a
8 distinguished career in the New York City
9 Police Department. He was in the Kings County
10 District Attorney's office. He also was in
11 the Air Force.
12 Obviously this position requires
13 one who has the ability to be fair-minded.
14 There are difficult decisions, difficult
15 choices he will be faced with along with the
16 other members of the Parole Board.
17 But I will tell you, growing up in
18 St. Albans, Queens, which is where Mr. Henry
19 Lemons is from, he has always been that kind
20 of individual. The Governor has made an
21 excellent selection in Mr. Lemons,
22 notwithstanding the fact that he also is a
23 member of my church as well, with Reverend
24 Flake as pastor. He is also a very well
25 respected individual in our church.
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1 But he has gotten that same
2 response from many of his colleagues. In
3 every career that he was involved with, every
4 position he's held, he has always received
5 accolades from his friends and his peers. I
6 attended a function not too long ago where he
7 is the president of, the chairman of, and they
8 were just singing his praises. Senator Adams
9 was there as well; he was actually honored at
10 the event. It was a great event.
11 So I just rise to second the
12 nomination. I think the Governor made a great
13 selection. Senator Nozzolio, I thank you for
14 your pushing on making sure these nominations
15 happened. And I think it's a great day for
16 the Parole Board and a great day for
17 St. Albans, Queens.
18 Thank you very much.
19 THE PRESIDENT: Senator Smith has
20 closed the nominations.
21 The question is now on the
22 nomination of Henry Lemons, of St. Albans,
23 Queens, New York, as a member of the Board of
24 Parole of the State of New York. All those in
25 favor please indicate by saying aye.
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1 (Response of "Aye.")
2 THE PRESIDENT: Opposed, nay.
3 (No response.)
4 THE PRESIDENT: Henry Lemons, who
5 is accompanied today by his brother Donald,
6 and who was the recipient of stunning
7 nominations by Senators Adams, Perkins,
8 Montgomery, Nozzolio and Smith, is now hereby
9 confirmed as a member of the Board of Parole
10 of New York State.
11 Congratulations, Mr. Lemons. We
12 hope this is a prelude to the continuation of
13 your outstanding service to law enforcement,
14 corrections and parole. Congratulations.
15 (Applause.)
16 THE PRESIDENT: Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 is there any further business at the desk?
19 THE PRESIDENT: No, there is
20 none, Senator Skelos.
21 SENATOR SKELOS: There being no
22 further business to come before the Senate, I
23 move we stand adjourned until Wednesday,
24 May 2nd, at 11:00 a.m.
25 THE PRESIDENT: The Senate stands
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1 adjourned until Wednesday, May 2nd, at
2 11:00 a.m.
3 (Whereupon, at 4:19 p.m., the
4 Senate adjourned.)
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