Regular Session - May 27, 2008

                                                            2407



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 27, 2008

        11                       3:07 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting 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                  ACTING PRESIDENT GRIFFO:    The

         3       Senate will come to order.

         4                  I ask all present to please rise

         5       and join with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    Today

        10       our prayer will be offered by Father Peter

        11       Young, of the Mother Theresa Community here in

        12       Albany.

        13                  Father.

        14                  REVEREND YOUNG:    Thank you,

        15       Senator.  Let us pray.

        16                  God, You have given us a marvelous

        17       example of charity, and You have called us to

        18       love one another.

        19                  Today we have heard that our dear

        20       friend Senator -- Mayor -- Griffin from

        21       Buffalo has gone on to Your reward.  He has

        22       sent his blessings to us, and we to him.

        23                  By Your love You have made a world

        24       where we have become neighbors to each other,

        25       and we are enabled to love one another.  Grant



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         1       that we too may use this Senate to strive

         2       toward a way of life in keeping with God's

         3       plan.

         4                  Amen.

         5                  ACTING PRESIDENT GRIFFO:    Thank

         6       you, Father.

         7                  Reading of the Journal.

         8                  THE SECRETARY:    In Senate,

         9       Monday, May 26, the Senate met pursuant to

        10       adjournment.  The Journal of Sunday, May 25,

        11       was read and approved.  On motion, Senate

        12       adjourned.

        13                  ACTING PRESIDENT GRIFFO:    Without

        14       objection, the Journal stands approved as

        15       read.

        16                  Presentation of petitions.

        17                  Messages from the Assembly.

        18                  Messages from the Governor.

        19                  Reports of standing committees.

        20                  Reports of select committees.

        21                  Communications and reports from

        22       state officers.

        23                  Motions and resolutions.

        24                  Senator Fuschillo.

        25                  SENATOR FUSCHILLO:    Thank you,



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         1       Mr. President.

         2                  Amendments are offered to the

         3       following Third Reading Calendar bills:

         4                  Sponsored by Senator Skelos, page

         5       number 43, Calendar Number 351, Senate Print

         6       Number 6823;

         7                  By Senator Larkin, page number 54,

         8       Calendar Number 612, Senate Print Number 205;

         9                  By Senator DeFrancisco, page number

        10       89, Calendar Number 1223, Senate Print Number

        11       7546.

        12                  I now move that these bills retain

        13       their place on the order of third reading.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       amendments are received and adopted, and the

        16       bills will retain their place on the Third

        17       Reading Calendar.

        18                  SENATOR FUSCHILLO:    Mr.

        19       President, on behalf of Senator Griffo, I wish

        20       to call up Senate Print Number 7167, recalled

        21       from the Assembly, which is now at the desk.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       Secretary will read.

        24                  THE SECRETARY:    Calendar Number

        25       708, by Senator Griffo, Senate Print 7167, an



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         1       act to amend the Highway Law and the Vehicle

         2       and Traffic Law.

         3                  SENATOR FUSCHILLO:    I now move to

         4       reconsider the vote by which the bill was

         5       passed.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll on reconsideration.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 45.

        10                  SENATOR FUSCHILLO:    I now offer

        11       the following amendments.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       amendments are received and adopted.

        14                  SENATOR FUSCHILLO:    Thank you.

        15                  Mr. President, on behalf of Senator

        16       Seward, I wish to call up Senate Print Number

        17       2071, recalled from the Assembly, which is now

        18       at the desk.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       613, by Senator Seward, Senate Print 2071, an

        23       act to amend the Insurance Law.

        24                  SENATOR FUSCHILLO:    I now move to

        25       reconsider the vote by which the bill was



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         1       passed.

         2                  ACTING PRESIDENT GRIFFO:    Call

         3       the roll on reconsideration.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 45.

         6                  SENATOR FUSCHILLO:    I now offer

         7       the following amendments.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       amendments are received.

        10                  SENATOR FUSCHILLO:    Thank you.

        11                  ACTING PRESIDENT GRIFFO:    Thank

        12       you, Senator Fuschillo.

        13                  Senator Skelos.

        14                  SENATOR SKELOS:    Mr. President, I

        15       believe there are five substitutions at the

        16       desk.  If we could make them at this time.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       Secretary will read.

        19                  THE SECRETARY:    On page 34,

        20       Senator Trunzo moves to discharge, from the

        21       Committee on Health, Assembly Bill Number

        22       10622 and substitute it for the identical

        23       Senate Bill Number 3680, Third Reading

        24       Calendar 107.

        25                  On page 40, Senator Flanagan moves



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         1       to discharge, from the Committee on

         2       Corporations, Authorities and Commissions,

         3       Assembly Bill Number 9060 and substitute it

         4       for the identical Senate Bill Number 3610,

         5       Third Reading Calendar 268.

         6                  On page 44, Senator Rath moves to

         7       discharge, from the Committee on Finance,

         8       Assembly Bill Number 9941 and substitute it

         9       for the identical Senate Bill Number 6730,

        10       Third Reading Calendar 358.

        11                  On page 48, Senator Morahan moves

        12       to discharge, from the Committee on Elections,

        13       Assembly Bill Number 112A and substitute it

        14       for the identical Senate Bill Number 5184A,

        15       Third Reading Calendar 470.

        16                  And on page 85, Senator Trunzo

        17       moves to discharge, from the Committee on

        18       Civil Service and Pensions, Assembly Bill

        19       Number 10305 and substitute it for the

        20       identical Senate Bill Number 7328, Third

        21       Reading Calendar 1178.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       substitutions are so ordered.

        24                  Senator Skelos.

        25                  SENATOR SKELOS:    Mr. President,



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         1       there's a Resolution 6071 at the desk, by

         2       Senator Nozzolio.  If we could have the title

         3       read and move for its immediate adoption.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       Secretary will read.

         6                  THE SECRETARY:    By Senator

         7       Nozzolio, Legislative Resolution Number 6071,

         8       commemorating the 90th anniversary of Boy

         9       Scouts of America Troop 4 of Geneva, New York,

        10       to be celebrated on May 31, 2008.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       question is on the resolution.  All in favor

        13       signify by saying aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT GRIFFO:

        16       Opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT GRIFFO:    The

        19       resolution is carried.

        20                  Senator Skelos.

        21                  SENATOR SKELOS:    Senator Volker

        22       has a resolution at the desk, 6078.  If we

        23       could have the title read and move for its

        24       immediate adoption.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       Secretary will read.

         2                  THE SECRETARY:    By Senator

         3       Volker, Legislative Resolution Number 6078,

         4       honoring Investigator Jeffrey T. Arnold upon

         5       the occasion of his designation as the

         6       recipient of a Superintendent's Commendation

         7       Award at the 32nd Annual State Police Awards

         8       Day Ceremony on May 28, 2008.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       question is on the resolution.  All in favor

        11       signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT GRIFFO:

        14       Opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT GRIFFO:    The

        17       resolution is adopted.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       Senator Volker has another resolution at the

        21       desk, 6079.  If we could have the title read

        22       and move for its immediate adoption.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       Secretary will read.

        25                  THE SECRETARY:    By Senator



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         1       Volker, Legislative Resolution Number 6079,

         2       honoring Trooper Jay A. Hoy upon the occasion

         3       of his designation as the recipient of a

         4       Superintendent's Commendation Award at the

         5       23rd Annual State Police Awards Day Ceremony

         6       on May 28, 2008.

         7                  ACTING PRESIDENT GRIFFO:    I'd ask

         8       for some order in the house, please.

         9                  The question is on the resolution.

        10       All in favor signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT GRIFFO:

        13       Opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT GRIFFO:    The

        16       resolution is adopted.

        17                  Senator Skelos.

        18                  SENATOR SKELOS:    Mr. President,

        19       there will be an immediate meeting of the

        20       Rules Committee in the Majority Conference

        21       Room.

        22                  ACTING PRESIDENT GRIFFO:    There

        23       will be an immediate meeting of the Rules

        24       Committee in the Majority Conference Room.

        25                  The Senate stands at ease.



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         1                  (Whereupon, the Senate stood at

         2       ease at 3:15 p.m.)

         3                  (Whereupon, the Senate reconvened

         4       at 3:21 p.m.)

         5                  ACTING PRESIDENT GRIFFO:    The

         6       Senate will come to order.

         7                  Senator Little.

         8                  SENATOR LITTLE:    Thank you,

         9       Mr. President.

        10                  Could we now have the

        11       noncontroversial reading of the Senate

        12       calendar.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       107, substituted earlier today by Member of

        17       the Assembly Eddington, Assembly Print Number

        18       10622, an act to amend the Public Health Law,

        19       in relation to requiring.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect on the 180th day.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 59.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       126, by Senator Volker, Senate Print 6681, an

         7       act to amend the Civil Service Law, in

         8       relation to resolution of disputes.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 4.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT GRIFFO:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 59.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       268, substituted earlier today by Member of

        21       the Assembly Brodsky, Assembly Print Number

        22       9060, an act to amend the Business Corporation

        23       Law, the Limited Liability Law, and the

        24       Partnership Law, in relation to mergers and

        25       consolidations.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 59.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       358, substituted earlier today by Member of

        13       the Assembly Schimminger, Assembly Print

        14       Number 9941, an act to amend the Executive

        15       Law, in relation to including.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 59.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       369, by Senator Larkin, Senate Print 5096, an

         3       act to amend the General Business Law, in

         4       relation to health club fees.

         5                  ACTING PRESIDENT GRIFFO:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 4.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT GRIFFO:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 59.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       470, substituted earlier today by Member of

        17       the Assembly Pheffer, Assembly Print Number

        18       112A, an act to amend the Election Law, in

        19       relation to filing of documents.

        20                  ACTING PRESIDENT GRIFFO:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT GRIFFO:    Call

        25       the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 59.

         3                  ACTING PRESIDENT GRIFFO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       727, by Senator Fuschillo, Senate Print 7297,

         7       an act to amend the General Business Law, in

         8       relation to debt collection.

         9                  ACTING PRESIDENT GRIFFO:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the first of

        13       September.

        14                  ACTING PRESIDENT GRIFFO:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT GRIFFO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       838, by Senator Golden, Senate Print 6414, an

        22       act to amend the Penal Law and the Criminal

        23       Procedure Law, in relation to sentencing.

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Little.



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         1                  SENATOR LITTLE:    Mr. President,

         2       could the Senate please stand at ease for a

         3       moment.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       Senate will stand at ease.

         6                  Senator Little.

         7                  SENATOR LITTLE:    Thank you,

         8       Mr. President.

         9                  The Senate may now proceed.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       Senate returns to order.

        12                  Read the last section.

        13                  THE SECRETARY:    In relation to

        14       Calendar Number 838:  Section 6.  This act

        15       shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Duane, to explain his vote.

        21                  SENATOR DUANE:    Thank you,

        22       Mr. President.

        23                  I'm going to be voting in the

        24       negative on this.  And as you know and as my

        25       colleagues know, I'm opposed to the death



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         1       penalty --

         2                  ACTING PRESIDENT GRIFFO:    Excuse

         3       me, Senator Duane.

         4                  May we have some order, please.

         5                  Senator Duane.

         6                  SENATOR DUANE:    Thank you,

         7       Mr. President.

         8                  I just wanted to reiterate my

         9       opposition to the death penalty under any

        10       circumstances.  I'll be voting in the

        11       negative, Mr. President.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Duane to be cast in the negative.

        14                  Senator Diaz.

        15                  SENATOR DIAZ:    Yes,

        16       Mr. President, I would like to explain my

        17       vote.

        18                  As a minister, as a pastor of a

        19       church, I believe that all life is sacred.

        20       Since inception to the end, God gives life;

        21       God will take life.

        22                  So to take a life is something that

        23       my religion opposes, and I am telling you that

        24       I'm voting no on this, not only because I

        25       don't believe in taking life, but I also



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         1       believe that protecting life, the unborn, is

         2       also very important.  That's why I oppose

         3       abortion, and that's why I'm opposing this

         4       one, because I want to be consistent in

         5       protecting life.

         6                  So life is sacred during inception,

         7       and life is sacred at the end.  So I'm voting

         8       no.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Diaz to be recorded in the negative.

        11                  Senator Schneiderman.

        12                  SENATOR SCHNEIDERMAN:    Thank you,

        13       Mr. President.

        14                  I just want to note that a lot of

        15       other jurisdictions in the country are

        16       actually moving away from the ideology of the

        17       death penalty.

        18                  And I would like to call the

        19       attention of this body to the evidence that

        20       was adduced at a hearing we held in Suffolk

        21       County a few months ago demonstrating that

        22       through absolute stone-cold exonerations of

        23       people who were wrongfully convicted through

        24       DNA evidence, we've established that

        25       25 percent of those people who are exonerated



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         1       pleaded guilty to crimes they did not commit.

         2                  In most cases, we do not have DNA

         3       evidence to determine whether people are

         4       guilty or not.  But given these statistics and

         5       the growing body of evidence that not only are

         6       there innocent people going to jail, but there

         7       are people who are innocent who are pleading

         8       guilty to crimes they didn't commit, we have

         9       to really take a hard look at this.

        10                  And I really think it's regrettable

        11       that this house is going to move forward

        12       towards the death penalty knowing, knowing --

        13       unless we willfully choose to disregard the

        14       evidence in front of our eyes -- that under

        15       such a system innocent people will be put to

        16       death.

        17                  I vote no, Mr. President.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Schneiderman to be recorded in the negative.

        20                  Senator Connor, to explain his

        21       vote.

        22                  SENATOR CONNOR:    Thank you,

        23       Mr. President.

        24                  Mr. President, I rise once again to

        25       oppose the death penalty.  I understand the



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         1       concern for the victims, in this case police

         2       officers who are brutally murdered.  But I

         3       also understand that we have a fallible system

         4       of justice -- perhaps the best system of

         5       justice anywhere, but nonetheless administered

         6       by human beings and therefore fallible.

         7                  And it's been pointed out there

         8       have been exonerations in cases of murder,

         9       even in cases of confession.  There's a whole

        10       body of psychology about why people falsely

        11       confess.  And I say again, as I've said before

        12       on this floor for many, many years, no to the

        13       death penalty.  It's unworthy of a civilized

        14       society.  It's not a penalty we should impose.

        15       I will never vote for the death penalty under

        16       any circumstances.

        17                  Mr. President, I vote no.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Connor to be recorded in the negative.

        20                  Senator L. Krueger, to explain her

        21       vote.

        22                  SENATOR LIZ KRUEGER:    Thank you,

        23       Mr. President.

        24                  I rise also to go on record that I

        25       will not vote for a death penalty bill, now,



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         1       last year, next year.

         2                  But I am concerned that this bill

         3       popped up on our calendar so late today so

         4       that some of us who might have chosen to

         5       prepare more documentation of why we know that

         6       the death penalty is a flawed model of

         7       criminal justice would have had the

         8       opportunity to make that presentation.

         9                  So again, I vote no.  Thank you,

        10       Mr. President.

        11                  ACTING PRESIDENT GRIFFO:    Senator

        12       Krueger to be recorded in the negative.

        13                  Senator Maziarz, to explain his

        14       vote.

        15                  SENATOR MAZIARZ:    Thank you very

        16       much, Mr. President.

        17                  I feel just as passionately as some

        18       of my colleagues on the other side of the

        19       aisle in favor of this legislation.

        20                  You know, it was just about a year

        21       and a half ago that we had the widow of

        22       Trooper Joseph Longobardo sitting right there

        23       talking about what great service her husband

        24       did.

        25                  It was interesting in the Buffalo



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         1       News just two or three days ago, there was a

         2       front-page article about the individual, Ralph

         3       "Bucky" Phillips, who murdered Trooper Joseph

         4       Longobardo, how he's in prison -- and of

         5       course he escaped justice -- how he's in

         6       prison and he's complaining about the care

         7       that he's receiving in the Department of

         8       Corrections.

         9                  And the Department of Corrections

        10       reported that he's been sanctioned at least

        11       nine or ten times already, including

        12       attempting to make a homemade bomb to injure

        13       corrections officers.

        14                  This bill should become law in this

        15       state.  Unfortunately, it won't, because of

        16       some -- the narrow-mindedness of some of my

        17       colleagues here and in the other house.

        18                  I definitely, affirmatively vote in

        19       the positive on this legislation.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Maziarz to be recorded in the affirmative.

        22                  Senator Golden, to explain his

        23       vote.

        24                  SENATOR GOLDEN:    Thank you,

        25       Mr. President.



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         1                  It is a privilege to stand before

         2       you today and to ask my colleagues to join us

         3       in passing a piece of legislation that would

         4       make a difference for the lives of the people

         5       that live in this great city and this great

         6       state.

         7                  Last week we stood outside this

         8       very institution and we went to the Police

         9       Memorial Wall and we met with many of the

        10       parents and the loved ones of those that have

        11       lost police officers and state troopers across

        12       this great city and state.

        13                  It's sad to see the numbers, how

        14       great they are.  And it's important that we as

        15       a body, a legislative body, give the tools not

        16       only to the police departments across this

        17       great state but to the people, the

        18       19.5 million people that live in this great

        19       state, that they can feel secure in that we

        20       have passed legislation that will defend the

        21       police officers and their families as they go

        22       to work each and every day.

        23                  This bill provides swift and severe

        24       and certain punishment for those that murder

        25       police officers.  This bill will do something



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         1       about the 1,385 police officers that have been

         2       killed in this state -- the 508 that have been

         3       by gunfire, the 61 by assault, the three from

         4       a bomb, the 34 that were stabbed, the 49 by

         5       vehicle assaults.

         6                  Nationwide, this past year, there

         7       were 39 line-of-duty deaths, including two

         8       here in New York.

         9                  Academic studies show the death

        10       penalty has a deterrent effect.  It shows that

        11       each additional execution decreases homicides

        12       by five to six.  Each additional commutation

        13       increases homicides by the same amount.  And

        14       an additional removal from death row generates

        15       one additional murder.

        16                  Arguments against the death penalty

        17       essentially are that criminals are not

        18       rational enough to behave according to

        19       incentives.  But criminal activity declines as

        20       the price of such activity increases.  We

        21       already have proof of this.  Increased

        22       arrests, more police officers reduce crime.

        23       Crime is serious --

        24                  ACTING PRESIDENT GRIFFO:    Senator

        25       Golden, excuse me.



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         1                  May we have order in the house out

         2       of respect for our speaker.  Thank you.

         3                  Senator Golden, you may continue.

         4                  SENATOR GOLDEN:    If I just focus

         5       on the City of New York, they are down 5,000

         6       police officers, and crime is creeping up in

         7       that city and across other cities here in the

         8       State of New York.

         9                  We've seen officers that were here

        10       last Wednesday.  Police Officer Timoshenko,

        11       who was killed in the City of New York, his

        12       parents were here as they went over to the

        13       wall to see their son on that wall.

        14                  We've seen two auxiliary police

        15       officers gunned down in the City of New York

        16       because a crazed gunman thought that they were

        17       police officers and went back and put two

        18       shots into his head as he was laying on the

        19       ground.

        20                  The only way, the only deterrent is

        21       to put the death penalty into effect for those

        22       that would kill police officers and state

        23       troopers, correction officers, and those that

        24       are peace officers in the line of duty that

        25       are doing their work.



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         1                  We believe it's the right piece of

         2       legislation.  How many more police officers

         3       have to die here in this great state before we

         4       as a body and the Assembly do something so

         5       that we can send to the Governor a piece of

         6       legislation that works and brings down crimes,

         7       brings down murders, and brings down murders

         8       of the police officers across this great

         9       state?

        10                  I vote aye, Mr. President, and I

        11       thank you for your dedication.

        12                  ACTING PRESIDENT GRIFFO:    Senator

        13       Golden to be recorded in the affirmative.

        14                  Announce the results.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 838 are

        17       Senators Adams, Aubertine, Breslin, Connor,

        18       Diaz, Dilan, Duane, Gonzalez,

        19       Hassell-Thompson, L. Krueger, Montgomery,

        20       Oppenheimer, Perkins, Sabini, Sampson, Savino,

        21       Schneiderman, Serrano, Smith, Stavisky,

        22       Stewart-Cousins, Thompson and Valesky.

        23                  Ayes, 36.  Nays, 23.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       973, by Senator Little, Senate Print 7050, an

         3       act to amend the Tax Law, in relation to

         4       authorizing the County of Clinton.

         5                  ACTING PRESIDENT GRIFFO:    There

         6       is a local fiscal impact note at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 59.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1012, by Senator Marcellino, Senate Print

        18       3195C, an act to amend the Vehicle and Traffic

        19       Law and the Insurance Law, in relation to

        20       prohibiting.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 7.  This

        24       act shall take effect on the 180th day.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Marcellino, to explain his vote.

         5                  SENATOR MARCELLINO:    Thank you,

         6       Mr. President.  I rise to explain my vote on

         7       this bill.

         8                  According to the AAA, the leading

         9       cause of death amongst young people between

        10       the ages of 15 and 20 are motor vehicle

        11       crashes.  According to a recent Zogby poll,

        12       66 percent of young people between the ages of

        13       15 and 24 admit to texting while driving,

        14       while behind the wheel.

        15                  Mr. President, I don't believe in

        16       coincidence.  It seems to me that we have

        17       proof positive that the carnage on our roads,

        18       especially amongst young people, 6,000 of

        19       which die every year as a result of auto

        20       crashes -- let me repeat that number.  Six

        21       thousand young people die every year because

        22       of automobile crashes, the leading cause of

        23       death in that age range.

        24                  That's more than our brave troops,

        25       all of our brave troops that have died in



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         1       Afghanistan and Iraq since of the beginning of

         2       the war.  This happens every year on our

         3       roads.

         4                  We had five people in Rochester,

         5       five young women in Rochester die.  Records

         6       showed that they were either sending or

         7       receiving a text message as the incident

         8       occurred.

         9                  This is an outrage that has to be

        10       stopped.  We're not trying to hurt anybody,

        11       we're trying to save lives.  We're trying to

        12       get an educational component put in the driver

        13       education program, a question on the driver

        14       education test.

        15                  We want to make parents aware that

        16       they've got to talk and communicate to their

        17       youngsters when they give them that car, which

        18       is a missile, which can be a lethal weapon

        19       when not used appropriately, that they must

        20       take into consideration that they must watch

        21       the road and pay attention.  Texting is a more

        22       dangerous distraction than anything else,

        23       because you've got to take both hands off the

        24       wheel and both eyes off the wheel to read the

        25       message.



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         1                  It isn't safe, and young people and

         2       old people are dying.  We must end this

         3       carnage.  This bill will go a long way towards

         4       doing that.

         5                  Mr. President, I thank my

         6       colleagues for their support.  I vote aye on

         7       this bill, and hopefully it will pass the

         8       other house.

         9                  ACTING PRESIDENT GRIFFO:    Thank

        10       you, Senator Marcellino.

        11                  Senator Marcellino will be recorded

        12       in the affirmative.

        13                  Announce the results.

        14                  THE SECRETARY:    Ayes, 59.  Nays,

        15       0.

        16                  ACTING PRESIDENT GRIFFO:    The

        17       bill is passed.

        18                  THE SECRETARY:    Calendar Number

        19       1034, by Senator Fuschillo, Senate Print 7620,

        20       an act authorizing the North Merrick Union

        21       Free School District.

        22                  ACTING PRESIDENT GRIFFO:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 59.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1053, by Senator Flanagan, Senate Print 1258A,

         9       an act to amend the Executive Law and the

        10       Criminal Procedure Law, in relation to

        11       probation administrative fees.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  ACTING PRESIDENT GRIFFO:    Senator

        20       Duane, to explain his vote.

        21                  SENATOR DUANE:    Thank you,

        22       Mr. President.

        23                  I'll be voting in the negative on

        24       this.  And I just want to point out that

        25       though this bill is different than the bill



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         1       that makes incarcerated people pay a copay on

         2       their -- if they have insurance while they are

         3       incarcerated, this bill is also onerous for

         4       people who are trying to pay their debt to

         5       society through the criminal justice system.

         6                  This is the bill where you pay

         7       money to pee into a cup.  And the City of

         8       New York, counties -- no one has even done a

         9       memo in support of this.  Maybe they will now

        10       that I said that.  But I just don't see why

        11       we're charging people who are on probation for

        12       this test.

        13                  So I just think, in the spirit of

        14       humaneness, that we would vote no on this.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT GRIFFO:    Senator

        17       Duane to be recorded in the negative.

        18                  Senator Diaz, to explain his vote.

        19                  SENATOR DIAZ:    Thank you,

        20       Mr. President.

        21                  This bill says too many things.

        22       For example, it says that -- this bill is

        23       calling to authorize the Probation Department

        24       to collect an administrative fee of up to $30

        25       per month for a person on parole.  That means



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         1       $30 per month, times 12, is $360.

         2                  It also calls to charge the same

         3       person on parole for drug testing $8 per day

         4       for testing, up to $600 in a year.  That means

         5       $360 plus $600.  And it also calls for $900

         6       per year for electronic monitoring.

         7                  That means that this bill is

         8       charging a person on parole $1,860 in a year

         9       just for being on parole.  It doesn't say what

        10       would happen to a person that refuses to pay

        11       the money.

        12                  Even though the bill says -- even

        13       though the bill says that this bill is amended

        14       to establish that these new fees shall not be

        15       a condition of probation, but the bill doesn't

        16       say -- if this will not be a condition of

        17       probation, the bill doesn't say what's going

        18       to happen to a person who refuses to pay close

        19       to $1,800 a year for being on probation.

        20                  Three different fees.  One for drug

        21       testing, one for administrative costs, and one

        22       for electronic monitoring.

        23                  So I don't know what it is are we

        24       trying to do here.  Are we trying to get the

        25       money from -- that the state needs from the



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         1       people on parole?  I don't think that's what

         2       we're doing.

         3                  So, Mr. President, this is a wrong

         4       bill.  This is a very, very wrong bill, and

         5       I'm voting no on it.

         6                  ACTING PRESIDENT GRIFFO:    Senator

         7       Diaz to be recorded in the negative.

         8                  Announce the results.

         9                  THE SECRETARY:    Those recorded in

        10       the negative on Calendar Number 1053 are

        11       Senators Adams, Connor, Diaz, Dilan, Duane,

        12       Gonzalez, Hassell-Thompson, L. Krueger,

        13       Montgomery, Onorato, Perkins, Sabini, Sampson,

        14       Schneiderman, Serrano, Smith, Stavisky and

        15       Stewart-Cousins.  Also Senator Breslin.

        16                  Ayes, 40.  Nays, 19.

        17                  ACTING PRESIDENT GRIFFO:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1082, by Senator Little, Senate Print 7492, an

        21       act to validate, ratify and legalize certain

        22       actions of the Town of Minerva.

        23                  ACTING PRESIDENT GRIFFO:    There

        24       is a home-rule message at the desk.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1129, by Senator Larkin, Senate Print 4843, an

        11       act to amend the Executive Law, in relation to

        12       rules and regulations.

        13                  ACTING PRESIDENT GRIFFO:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT GRIFFO:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 59.

        21                  ACTING PRESIDENT GRIFFO:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1132, by Senator Saland, Senate Print 5774, an

        25       act to amend the Education Law, in relation to



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         1       requiring fingerprinting.

         2                  ACTING PRESIDENT GRIFFO:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 22.  This

         5       act shall take effect on the 180th day.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.  Nays,

        10       1.  Senator Montgomery recorded in the

        11       negative.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1142, by Senator Volker, Senate Print 4029C --

        16                  SENATOR LITTLE:    Lay it aside for

        17       the day, please.

        18                  ACTING PRESIDENT GRIFFO:    Lay it

        19       aside for the day.

        20                  THE SECRETARY:    Calendar Number

        21       1167, by Senator Alesi, Senate Print 1654A, an

        22       act to amend the Retirement and Social

        23       Security Law, in relation to option election.

        24                  ACTING PRESIDENT GRIFFO:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 3.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT GRIFFO:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT GRIFFO:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1178, substituted earlier today by Member of

        11       the Assembly Abbate, Assembly Print Number

        12       10305, an act to amend the Civil Service Law,

        13       in relation to appointment.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT GRIFFO:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 59.

        22                  ACTING PRESIDENT GRIFFO:    The

        23       bill is passed.

        24                  THE SECRETARY:    Calendar Number

        25       1189, by Senator DeFrancisco, Senate Print



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         1       7206, an act to amend the New York State

         2       Defense Emergency Act, in relation to driver's

         3       license renewals.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 58.  Nays,

        12       1.  Senator Duane recorded in the negative.

        13                  ACTING PRESIDENT GRIFFO:    The

        14       bill is passed.

        15                  THE SECRETARY:    Calendar Number

        16       1191, by Senator Leibell, Senate Print --

        17                  SENATOR LITTLE:    Lay it aside for

        18       the day, please.

        19                  ACTING PRESIDENT GRIFFO:    Lay it

        20       aside for the day.

        21                  THE SECRETARY:    Calendar Number

        22       1197, by Senator Leibell, Senate Print 8010,

        23       an act to amend the Executive Law, in relation

        24       to powers and duties.

        25                  ACTING PRESIDENT GRIFFO:    Read



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         1       the last section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the 120th day.

         4                  ACTING PRESIDENT GRIFFO:    Call

         5       the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 59.

         8                  ACTING PRESIDENT GRIFFO:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       1206, by Senator Saland, Senate Print 7672, an

        12       act to amend Chapter 425 of the Laws of 2002,

        13       amending the Education Law.

        14                  ACTING PRESIDENT GRIFFO:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 4.  This

        17       act shall take effect July 1, 2002, and shall

        18       expire and be deemed repealed June 30, 2009.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1210, by Senator Little, Senate Print 1099A,

         2       an act in relation to directing the Law

         3       Revision Commission.

         4                  ACTING PRESIDENT GRIFFO:    Read

         5       the last section.

         6                  THE SECRETARY:    Section 4.  This

         7       act shall take effect on the 30th day.

         8                  ACTING PRESIDENT GRIFFO:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 59.

        12                  ACTING PRESIDENT GRIFFO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1217, by Senator Winner, Senate Print 3316A,

        16       an act to amend the Town Law, in relation to

        17       enacting the Town Mergers Law.

        18                  ACTING PRESIDENT GRIFFO:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect on the 180th day.

        22                  ACTING PRESIDENT GRIFFO:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 60.



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       1219, by Senator LaValle, Senate Print 7345,

         5       an act to amend the General Municipal Law, in

         6       relation to annual audits.

         7                  ACTING PRESIDENT GRIFFO:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect June 30, 2008.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 60.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1232, by Senator Larkin, Senate Print 223, an

        19       act to amend the Education Law, in relation to

        20       requiring institutions.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the first of January

        25       next succeeding.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Liz Krueger, to explain her vote.

         6                  SENATOR LIZ KRUEGER:    Thank you,

         7       Mr. President.

         8                  We've debated this bill in the

         9       past, so I'll just quickly summarize my

        10       concerns.

        11                  One, this legislation, if it became

        12       law, would put New York State in violation of

        13       the federal FERPA law, and it would put

        14       federal funds in jeopardy for our institutions

        15       of higher education.

        16                  Two, I believe the Legislature

        17       should respect the rights of individual adults

        18       18 years and older and not attempt to

        19       legislate an open, trusting relationship

        20       between a parent and their adult children.

        21                  And three, if your children don't

        22       give you their grades from college and you're

        23       paying for college, you don't need the

        24       Legislature to take care of this; simply tell

        25       them you won't pay the next semester's bill



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         1       until they give you their grades.

         2                  So I don't think this is

         3       appropriate legislative territory for us, and

         4       it would put us in a violation of federal law.

         5       And finally, I don't think it's necessary.

         6                  I vote no.  Thank you,

         7       Mr. President.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Liz Krueger to be recorded in the negative.

        10                  Senator Diaz, to explain his vote.

        11                  SENATOR DIAZ:    Again, I have to

        12       stand up here and vote yes on this piece of

        13       legislation.  Because there is nothing wrong,

        14       there's nothing wrong for a parent that sends

        15       their children to college and trying to find

        16       out how are they doing.

        17                  As long as those students live

        18       under that roof and those parents are paying

        19       for that education, and paying rent, food and

        20       whatever, and clothes, even though they are

        21       19 years old or 20 years old, parents have the

        22       right.  They live under that roof, they are

        23       responsible for those children even though

        24       they are above 18 years of age.

        25                  I think that parents have the right



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         1       to write to college and say, Send me a report

         2       or give me a report on how my children are

         3       doing in the college.

         4                  So yes, I'm voting yes, because we

         5       have enough of taking parents' rights away.

         6       We have been taking parents' rights away from

         7       left to right.

         8                  I mean, the parents have no right

         9       to decide if their 13-year-old daughter would

        10       have like to have an abortion, so we've taken

        11       that right away.  So at 13 years old, a girl

        12       could have an abortion and the parents have

        13       nothing to do, have nothing to say.  We're

        14       taking those rights away.

        15                  I mean, you know, enough.  Enough.

        16       Parents are parents, and they will never end

        17       being parents.  My children, my youngest one

        18       is 35 years old, my youngest one, and I'm

        19       still being a parent.  I am his father, and I

        20       will never end being a parent.  And I would

        21       like to know what it is they're doing, even

        22       though they're already married.

        23                  So if those kids -- I'm going to

        24       repeat myself again -- if those students live

        25       under that roof and those parents are paying



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         1       for that education, there's nothing wrong for

         2       the parent to find out and for the college to

         3       report to the parent if those children are

         4       missing school, are playing hookey and the

         5       parents are wasting their money.

         6                  So yes, I'm voting yes, and I

         7       congratulate the sponsor on this.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Diaz to be recorded in the affirmative.

        10                  Senator Adams, to explain his vote.

        11                  SENATOR ADAMS:    Thank you,

        12       Mr. President.

        13                  I want to add my voice also to vote

        14       yea on this bill.  I think that Senator

        15       Krueger does raise an issue, but I think that

        16       it's important that independence doesn't come

        17       with age, it comes with status.  And as long

        18       as a young person is in the home of their

        19       parent and they're not paying their own

        20       tuition, then they don't have independence.

        21       They still are dependent on their family.

        22                  But in addition to that, I don't

        23       believe there are any rights of privacy in a

        24       household, and I think far too often we find

        25       out too late what our children are involved in



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         1       is because we believe they have some

         2       constitutional right to privacy inside the

         3       home of their family.

         4                  Not only do I believe we should

         5       know the grades they're having, but we need to

         6       search their rooms.  We need to see what's

         7       inside their rooms.  We need to be gainfully

         8       involved in what a child is doing.

         9                  And I think this bill is the first

        10       step of identifying if there is some academic

        11       issue with a child.  You don't want to wait

        12       until they are on academic probation and

        13       removed from school to determine that there

        14       was a problem.

        15                  College is too expensive to play

        16       games.  You can get F's sitting at home.  And

        17       if you want your parents to pay your tuition,

        18       then you need to turn over those grades.  I

        19       vote aye.

        20                  ACTING PRESIDENT GRIFFO:    Senator

        21       Adams to be recorded in the affirmative.

        22                  Senator Connor, to explain his

        23       vote.

        24                  SENATOR CONNOR:    Thank you,

        25       Mr. President.



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         1                  As I said last time we debated

         2       this, as someone who went through college in

         3       the '60s, that wonderful generation where we

         4       fought for all sorts of rights for

         5       18-year-olds, I candidly admit that 20 years

         6       ago I would have voted no for this.  But as a

         7       parent of two sons who are in college, a whole

         8       other spectrum opens up.

         9                  You know, I laugh when we get mail

        10       at home, my boys are usually away at college,

        11       they go away to college.  You know, they get

        12       mail at home, all sorts of important mail from

        13       the schools.  You know, we wouldn't open their

        14       mail.  We send it on to them.  You know, then

        15       you find out later that one was about some

        16       insurance thing that they missed a deadline

        17       for, or the other was about some other

        18       important deadline or opportunity for them.

        19                  But it's oh, yeah, "Did you get

        20       that thing in the mail?"  "Yeah, yeah, I

        21       didn't read it yet."  Or "Yeah, I read it, the

        22       deadline was whenever."  Eighteen-, 19-,

        23       20-year-olds are what they are.

        24                  The one thing that comes addressed

        25       to me, though, twice a year for each of them



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         1       is the bill.  They don't seem to have any

         2       problem sending that to the parents.

         3                  And, you know, it's not just about,

         4       hey, I pay the tuition, room and board, you

         5       know, I want to see your grades and if you're

         6       not doing well, I'll stop paying.  And I

         7       certainly don't want to threaten if they don't

         8       tell me their grades that, you know, I'm not

         9       going to pay for them anymore.

        10                  The real concern is, you know,

        11       sometimes suddenly failing grades are an

        12       indication of a problem in that child's life.

        13       And yeah, legally adults at 18.  What parent,

        14       what parent doesn't want to know that their

        15       18-, 19- or 20-year-old is experiencing some

        16       difficulty, emotional or otherwise, that's

        17       affecting their ability but, more importantly,

        18       could be jeopardizing their lives?

        19                  And I certainly know other parents

        20       who have discovered, unfortunately too late,

        21       that their child had developed a drug problem

        22       or whatever, and they would have known had

        23       they seen how poorly they were suddenly doing

        24       in school.  Really bright kids go off with

        25       great expectations, get good grades for a



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         1       semester or two, and the grades crash.  It's

         2       information parents ought to have to do their

         3       job.

         4                  Because, you know, your job doesn't

         5       end on that 18th birthday.  They're always

         6       your children.  They're always certainly dear

         7       to your heart.  And you always feel

         8       responsible to try and assist them when they

         9       are in need.

        10                  So I think it's important, and I'm

        11       supporting this legislation because from the

        12       perspective I now have, I want to know those

        13       grades, I want to know how my kids are doing.

        14       And it's not just I pay, it's I care about

        15       them.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT GRIFFO:    Senator

        18       Connor to be recorded in the affirmative.

        19                  Announce the results.

        20                  THE SECRETARY:    Those recorded in

        21       the negative on Calendar Number 1232 are

        22       Senators Breslin, Duane, Hassell-Thompson,

        23       L. Krueger, Perkins and Serrano.

        24                  Ayes, 54.  Nays, 6.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1244, by Senator Maltese --

         4                  SENATOR SKELOS:    Lay it aside for

         5       the day, please.

         6                  ACTING PRESIDENT GRIFFO:    Lay it

         7       aside for the day.

         8                  THE SECRETARY:    Calendar Number

         9       1245, by Senator Maziarz, Senate Print 6788,

        10       an act in relation to establishing a work

        11       group.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the 90th day.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 60.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1250, by Senator Robach, Senate Print 8213, an

        24       act to amend the Labor Law, in relation to

        25       changing the method of charging.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect January 1, 2009.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 60.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1484, by Senator DeFrancisco, Senate Print

        13       8260, an act to amend Chapter 62 of the Laws

        14       of 2003, amending the Public Service Law.

        15                  ACTING PRESIDENT GRIFFO:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT GRIFFO:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT GRIFFO:    The

        24       bill is passed.

        25                  Senator Skelos, that completes the



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         1       noncontroversial reading of the calendar.

         2                  SENATOR SKELOS:    Thank you,

         3       Mr. President.

         4                  If we could return to reports of

         5       standing committees for the Rules report.

         6                  ACTING PRESIDENT GRIFFO:    Excuse

         7       me, Senator Skelos.

         8                  Can we have order, please, in the

         9       chamber.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    If we could

        12       return to reports of standing committees for

        13       the report of the Rules Committee.

        14                  ACTING PRESIDENT GRIFFO:    Reports

        15       of standing committees.

        16                  The Secretary will read.

        17                  THE SECRETARY:    Senator Bruno,

        18       from the Committee on Rules, reports the

        19       following bill direct to third reading:

        20                  Senate Print 6339A, by the Senate

        21       Committee on Rules, an act to amend the Tax

        22       Law.

        23                  ACTING PRESIDENT GRIFFO:    Senator

        24       Skelos.

        25                  SENATOR SKELOS:    Move to accept



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         1       the report of the Rules Committee.

         2                  ACTING PRESIDENT GRIFFO:    All in

         3       favor of accepting the report of the Rules

         4       Committee signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT GRIFFO:

         7       Opposed, nay.

         8                  (No response.)

         9                  ACTING PRESIDENT GRIFFO:    The

        10       report is accepted.

        11                  Senator Skelos.

        12                  SENATOR SKELOS:    Mr. President,

        13       if we could take up Calendar Number 1535,

        14       Senate 6339A.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       Secretary will read.

        17                  THE SECRETARY:    Calendar Number

        18       1535, by the Senate Committee on Rules, Senate

        19       Print 6339A, an act to amend the Tax Law, in

        20       relation to banking corporations.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 60.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  Senator Skelos.

         7                  SENATOR SKELOS:    Mr. President,

         8       is there any further business to come before

         9       the Senate?

        10                  ACTING PRESIDENT GRIFFO:    There

        11       is none.

        12                  SENATOR SKELOS:    There being

        13       none, I move we stand adjourned until

        14       Wednesday, May 28th, at 3:00 p.m.

        15                  ACTING PRESIDENT GRIFFO:    On

        16       motion, the Senate stands adjourned until

        17       Wednesday, May 28th, at 3:00 p.m.

        18                  (Whereupon, at 4:01 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24

        25



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