Regular Session - April 30, 2012

                                                                   2316

 1              NEW YORK STATE SENATE

 2                        

 3                        

 4             THE STENOGRAPHIC RECORD

 5                        

 6                        

 7                        

 8                        

 9                ALBANY, NEW YORK

10                 April 30, 2012

11                    3:10 p.m.

12                        

13                        

14                 REGULAR SESSION

15  

16  

17  

18  SENATOR LEE ZELDIN, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  

                                                               2317

 1              P R O C E E D I N G S

 2               ACTING PRESIDENT ZELDIN:   The 

 3  Senate will come to order.  

 4               I ask everyone present to please 

 5  rise and repeat with me the Pledge of 

 6  Allegiance.

 7               (Whereupon, the assemblage 

 8  recited the Pledge of Allegiance to the Flag.)

 9               ACTING PRESIDENT ZELDIN:   We are 

10  joined today by Rabbi Josh Joseph, of 

11  Yeshiva University in New York, who will give 

12  our invocation.

13               RABBI JOSEPH:   "Who am I," said 

14  Moses upon first meeting God, "and how can I 

15  possibly take the Israelites out of slavery?"  

16               Almighty and most merciful God, 

17  You reassured that leader of leaders, saying, 

18  "Moses, you shall never be alone, for I will 

19  always be with you."

20               You answered both questions at 

21  the same time, reminding Moses not just of 

22  your presence but also of his worthiness. 

23               Moses, a former prince of Egypt 

24  and Midianite, doubted himself.  Who was he, 

25  who had never suffered the pain of his 

                                                               2318

 1  brothers and sisters, to lead their exodus?  But 

 2  You, Almighty God, knew what qualified him, that 

 3  as a young man he left the palace to see the 

 4  servitude and feel the hard work of his people.  

 5               You were telling Moses that a 

 6  leader does not have to just feel the pain of his 

 7  people so long as he is sensitive to it.  You 

 8  were reminding him that despite his background he 

 9  had always been with his people in spirit, and so 

10  too would You always be with him.  

11               It does not necessarily matter who 

12  we are, where we come from, or what we believe.  

13  What matters in Your eyes, God, is our 

14  sensitivity to the suffering of our neighbors, 

15  our brothers and sisters, and our friends.

16               Life shoulders us with 

17  responsibilities, and the most divine thing we 

18  can do is to take them on.  The lowest, ignore 

19  them.

20               A wise member of our New York State 

21  Assembly, President Theodore Roosevelt, shared 

22  the same sentiment:  "Far better it is to dare 

23  mighty things, to win glorious triumphs, even 

24  though checkered by failure, than to rank with 

25  those poor spirits who neither enjoy nor suffer 

                                                               2319

 1  much because they live in a gray twilight that 

 2  knows not victory nor defeat."

 3               Almighty God, bless the leaders 

 4  of our Senate with the courage to continue to 

 5  understand the great responsibility they have, 

 6  the foresight to make policies and statements 

 7  that will enable all New Yorkers to live lives 

 8  of fruitfulness and fulfillment, and the 

 9  strength to stand by their convictions even in 

10  the shadow of great doubt.  

11               And let us say amen.

12               ACTING PRESIDENT ZELDIN:   The 

13  reading of the Journal.

14               THE SECRETARY:   In Senate, 

15  Saturday, April 28th, the Senate met pursuant 

16  to adjournment.  The Journal of Friday, 

17  April 27th, was read and approved.  On motion, 

18  Senate adjourned.

19               ACTING PRESIDENT ZELDIN:    

20  Without objection, the Journal stands approved 

21  as read.  

22               Presentation of petitions.

23               Messages from the Assembly.

24               The Secretary will read.

25               THE SECRETARY:   On page 25, 

                                                               2320

 1  Senator Valesky moves to discharge, from the 

 2  Committee on Social Services, Assembly Bill 

 3  Number 8005 and substitute it for the identical 

 4  Senate Bill Number 5673, Third Reading Calendar 

 5  506.

 6               And on page 27, Senator Grisanti 

 7  moves to discharge, from the Committee on 

 8  Finance, Assembly Bill Number 9297 and substitute 

 9  it for the identical Senate Bill Number 6647, 

10  Third Reading Calendar 529.

11               ACTING PRESIDENT ZELDIN:    

12  Substitutions ordered.

13               Messages from the Governor.

14               Reports of standing committees.

15               Reports of select committees.

16               Communications and reports from 

17  state officers.

18               Motions and resolutions.

19               Senator Libous.  

20               SENATOR LIBOUS:   Would you call on 

21  Senator Breslin, please.

22               ACTING PRESIDENT ZELDIN:   Senator 

23  Breslin.  

24               SENATOR BRESLIN:   Thank you, 

25  Mr. President.  

                                                               2321

 1               On behalf of Senator Peralta, I 

 2  move that the following bill be discharged from 

 3  its respective committee and be recommitted with 

 4  instructions to strike the enacting clause.  And 

 5  that's Senate Number 6530.

 6               ACTING PRESIDENT ZELDIN:   So 

 7  ordered.

 8               SENATOR BRESLIN:   Thank you, 

 9  Mr. President.

10               ACTING PRESIDENT ZELDIN:   Senator 

11  Libous, why do you rise?

12               SENATOR BRESLIN:   I have a motion, 

13  Mr. President.

14               ACTING PRESIDENT ZELDIN:   Please 

15  read.

16               SENATOR LIBOUS:   Thank you.  

17               On behalf of Senator Golden, on 

18  page 17 I offer the following amendments to 

19  Calendar Number 348, Senate Print Number 4313A, 

20  and ask that said bill retain its place on the 

21  Third Reading Calendar.

22               ACTING PRESIDENT ZELDIN:   The 

23  amendments are received, and the bill will retain 

24  its place on the Third Reading Calendar.

25               Senator Libous.

                                                               2322

 1               SENATOR LIBOUS:   Thank you, 

 2  Mr. President.  

 3               At this time, Mr. President, could 

 4  we please have the reading of the 

 5  noncontroversial calendar.

 6               ACTING PRESIDENT ZELDIN:   The 

 7  Secretary will read.

 8               THE SECRETARY:   Calendar Number 

 9  390, by Senator Sampson, Senate Print 1546, an 

10  act to amend the Judiciary Law.

11               ACTING PRESIDENT ZELDIN:   Read the 

12  last section.

13               THE SECRETARY:   Section 3.  This 

14  act shall take effect on the 90th day.

15               ACTING PRESIDENT ZELDIN:   Call the 

16  roll.

17               (The Secretary called the roll.)

18               THE SECRETARY:   Ayes, 50.  Nays, 

19  1.  Senator Ball recorded in the negative.  

20               ACTING PRESIDENT ZELDIN:   The bill 

21  is passed.

22               THE SECRETARY:   Calendar Number 

23  399, by Senator Bonacic, Senate Print 6660, an 

24  act to amend the New York City Civil Court Act.

25               ACTING PRESIDENT ZELDIN:   Read the 

                                                               2323

 1  last section.

 2               THE SECRETARY:   Section 7.  This 

 3  act shall take effect immediately.

 4               ACTING PRESIDENT ZELDIN:   Call the 

 5  roll.

 6               (The Secretary called the roll.)

 7               THE SECRETARY:   Ayes, 51.

 8               ACTING PRESIDENT ZELDIN:   The bill 

 9  is passed.

10               THE SECRETARY:   Calendar Number 

11  451, by Senator DeFrancisco, Senate Print 6642A, 

12  an act in relation to authorizing.

13               ACTING PRESIDENT ZELDIN:   Read the 

14  last section.

15               THE SECRETARY:   Section 4.  This 

16  act shall take effect immediately.

17               ACTING PRESIDENT ZELDIN:   Call the 

18  roll.

19               (The Secretary called the roll.)

20               THE SECRETARY:   Ayes, 51.

21               ACTING PRESIDENT ZELDIN:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  496, by Senator Grisanti, Senate Print 6489, an 

25  act to amend the Penal Law.

                                                               2324

 1               ACTING PRESIDENT ZELDIN:   Read the 

 2  last section.

 3               THE SECRETARY:   Section 3.  This 

 4  act shall take effect on the 180th day.

 5               ACTING PRESIDENT ZELDIN:   Call the 

 6  roll.

 7               (The Secretary called the roll.)

 8               THE SECRETARY:   Ayes, 49.  Nays, 

 9  2.  Senators Duane and Montgomery recorded in the 

10  negative.

11               ACTING PRESIDENT ZELDIN:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  506, substituted earlier today by Member of the 

15  Assembly Rivera, Assembly Print Number 8005, an 

16  act to amend the Social Services Law.

17               ACTING PRESIDENT ZELDIN:   Read the 

18  last section.

19               THE SECRETARY:   Section 2.  This 

20  act shall take effect on the 90th day.

21               ACTING PRESIDENT ZELDIN:   Call the 

22  roll.

23               (The Secretary called the roll.)

24               THE SECRETARY:   Ayes, 51.

25               ACTING PRESIDENT ZELDIN:   The bill 

                                                               2325

 1  is passed.

 2               THE SECRETARY:   Calendar Number 

 3  508, by Senator Little, Senate Print 134A, an act 

 4  to amend the Real Property Tax Law.

 5               ACTING PRESIDENT ZELDIN:   Read the 

 6  last section.

 7               THE SECRETARY:   Section 2.  This 

 8  act shall take effect immediately.

 9               ACTING PRESIDENT ZELDIN:   Call the 

10  roll.

11               (The Secretary called the roll.)

12               THE SECRETARY:   Ayes, 52.

13               ACTING PRESIDENT ZELDIN:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  509, by Senator Little, Senate Print 345, an act 

17  to amend the Executive Law.

18               ACTING PRESIDENT ZELDIN:   Read the 

19  last section.

20               THE SECRETARY:   Section 3.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ZELDIN:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               ACTING PRESIDENT ZELDIN:   Announce 

                                                               2326

 1  the results.

 2               THE SECRETARY:   In relation to 

 3  Calendar Number 509, those recorded in the 

 4  negative are Senators Adams, Addabbo, Avella, 

 5  Ball, Dilan, Duane, Gianaris, Hassell-Thompson, 

 6  Huntley, Krueger, Montgomery, Oppenheimer, 

 7  Peralta, Perkins, Rivera, Serrano, Squadron, 

 8  Stavisky and Stewart-Cousins.

 9               Ayes, 35.  Nays, 19.

10               ACTING PRESIDENT ZELDIN:   The bill 

11  is passed.

12               THE SECRETARY:   Calendar Number 

13  516, by Senator Stavisky, Senate Print 828, an 

14  act to amend the State Finance Law.

15               ACTING PRESIDENT ZELDIN:   Read the 

16  last section.

17               THE SECRETARY:   Section 2.  This 

18  act shall take effect on the 180th day.

19               ACTING PRESIDENT ZELDIN:   Call the 

20  roll.

21               (The Secretary called the roll.)

22               THE SECRETARY:   Ayes, 54.

23               ACTING PRESIDENT ZELDIN:   The bill 

24  is passed.

25               THE SECRETARY:   Calendar Number 

                                                               2327

 1  518, by Senator LaValle, Senate Print 1076, an 

 2  act to amend the Education Law.

 3               ACTING PRESIDENT ZELDIN:   Read the 

 4  last section.

 5               THE SECRETARY:   Section 4.  This 

 6  act shall take effect immediately.

 7               ACTING PRESIDENT ZELDIN:   Call the 

 8  roll.

 9               (The Secretary called the roll.)

10               THE SECRETARY:   Ayes, 52.  Nays, 

11  2.  Senators Montgomery and Perkins recorded in 

12  the negative.

13               ACTING PRESIDENT ZELDIN:   The bill 

14  is passed.

15               THE SECRETARY:   Calendar Number 

16  519, by Senator LaValle, Senate Print 1458, an 

17  act to amend the Public Health Law.

18               ACTING PRESIDENT ZELDIN:   Read the 

19  last section.

20               THE SECRETARY:   Section 2.  This 

21  act shall take effect immediately.

22               ACTING PRESIDENT ZELDIN:   Call the 

23  roll.

24               (The Secretary called the roll.)

25               THE SECRETARY:   Ayes, 54.

                                                               2328

 1               ACTING PRESIDENT ZELDIN:   The bill 

 2  is passed.

 3               THE SECRETARY:   Calendar Number 

 4  522, by Senator Grisanti, Senate Print 2352, an 

 5  act to amend the Education Law.

 6               ACTING PRESIDENT ZELDIN:   Read the 

 7  last section.

 8               THE SECRETARY:   Section 2.  This 

 9  act shall take effect on the first of July.

10               ACTING PRESIDENT ZELDIN:   Call the 

11  roll.

12               (The Secretary called the roll.)

13               THE SECRETARY:   Ayes, 54.

14               ACTING PRESIDENT ZELDIN:   The bill 

15  is passed.

16               THE SECRETARY:   Calendar Number 

17  526, by Senator Lanza, Senate Print 3546, an act 

18  to establish.

19               ACTING PRESIDENT ZELDIN:   Read the 

20  last section.

21               THE SECRETARY:   Section 3.  This 

22  act shall take effect immediately.

23               ACTING PRESIDENT ZELDIN:   Call the 

24  roll.

25               (The Secretary called the roll.)

                                                               2329

 1               THE SECRETARY:   Ayes, 54.

 2               ACTING PRESIDENT ZELDIN:   The bill 

 3  is passed.

 4               THE SECRETARY:   Calendar Number 

 5  527, by Senator Carlucci, Senate Print 4818A, an 

 6  act to amend the Executive Law.

 7               ACTING PRESIDENT ZELDIN:   Read the 

 8  last section.

 9               THE SECRETARY:   Section 3.  This 

10  act shall take effect immediately.

11               ACTING PRESIDENT ZELDIN:   Call the 

12  roll.

13               (The Secretary called the roll.)

14               THE SECRETARY:   Ayes, 54.

15               ACTING PRESIDENT ZELDIN:   The bill 

16  is passed.

17               THE SECRETARY:   Calendar Number 

18  529, substituted earlier today by Member of the 

19  Assembly Ryan, Assembly Print Number 9297, an act 

20  to amend the Executive Law.

21               ACTING PRESIDENT ZELDIN:   Read the 

22  last section.

23               THE SECRETARY:   Section 2.  This 

24  act shall take effect immediately.

25               ACTING PRESIDENT ZELDIN:   Call the 

                                                               2330

 1  roll.

 2               (The Secretary called the roll.)

 3               THE SECRETARY:   Ayes, 54.

 4               ACTING PRESIDENT ZELDIN:   The bill 

 5  is passed.

 6               THE SECRETARY:   Calendar Number 

 7  531, by Senator LaValle, Senate Print 1809, an 

 8  act to amend the Education Law.

 9               ACTING PRESIDENT ZELDIN:   Read the 

10  last section.

11               THE SECRETARY:   Section 2.  This 

12  act shall take effect immediately.

13               ACTING PRESIDENT ZELDIN:   Call the 

14  roll.

15               (The Secretary called the roll.)

16               THE SECRETARY:   Ayes, 54.

17               ACTING PRESIDENT ZELDIN:   The bill 

18  is passed.

19               THE SECRETARY:   Calendar Number 

20  535, by Senator Seward, Senate Print 1682, an act 

21  to amend the State Law.

22               ACTING PRESIDENT ZELDIN:   Read the 

23  last section.

24               THE SECRETARY:   Section 2.  This 

25  act shall take effect immediately.

                                                               2331

 1               ACTING PRESIDENT ZELDIN:   Call the 

 2  roll.

 3               (The Secretary called the roll.)

 4               THE SECRETARY:   Ayes, 54.

 5               ACTING PRESIDENT ZELDIN:   The bill 

 6  is passed.

 7               THE SECRETARY:   Calendar Number 

 8  548, by Senator Griffo, Senate Print 3641A, an 

 9  act to amend the Highway Law.

10               ACTING PRESIDENT ZELDIN:   Read the 

11  last section.

12               THE SECRETARY:   Section 4.  This 

13  act shall take effect on the 120th day.

14               ACTING PRESIDENT ZELDIN:   Call the 

15  roll.

16               (The Secretary called the roll.)

17               THE SECRETARY:   Ayes, 54.

18               ACTING PRESIDENT ZELDIN:   The bill 

19  is passed.

20               THE SECRETARY:   Calendar Number 

21  555, by Senator Libous, Senate Print 4514, an act 

22  to amend the Real Property Tax Law.

23               ACTING PRESIDENT ZELDIN:   Read the 

24  last section.

25               THE SECRETARY:   Section 2.  This 

                                                               2332

 1  act shall take effect immediately.

 2               ACTING PRESIDENT ZELDIN:   Call the 

 3  roll.

 4               (The Secretary called the roll.)

 5               THE SECRETARY:   Ayes, 54.

 6               ACTING PRESIDENT ZELDIN:   The bill 

 7  is passed.

 8               THE SECRETARY:   Calendar Number 

 9  558, by Senator Seward, Senate Print 6811, an act 

10  to amend Chapter 585 of the Laws of 2011.

11               ACTING PRESIDENT ZELDIN:   There is 

12  a home-rule message at the desk.

13               Read the last section.

14               THE SECRETARY:   Section 3.  This 

15  act shall take effect immediately.

16               ACTING PRESIDENT ZELDIN:   Call the 

17  roll.

18               (The Secretary called the roll.)

19               THE SECRETARY:   Ayes, 53.  Nays, 

20  1.  Senator Ball recorded in the negative.

21               ACTING PRESIDENT ZELDIN:   The bill 

22  is passed.

23               THE SECRETARY:   Calendar Number 

24  559, by Senator Seward, Senate Print 6814, an act 

25  to amend Chapter 578 of the Laws of 2011.

                                                               2333

 1               ACTING PRESIDENT ZELDIN:   There is 

 2  a home-rule message at the desk.

 3               Read the last section.

 4               THE SECRETARY:   Section 3.  This 

 5  act shall take effect immediately.

 6               ACTING PRESIDENT ZELDIN:   Call the 

 7  roll.

 8               (The Secretary called the roll.)

 9               THE SECRETARY:   Ayes, 53.  Nays, 

10  1.  Senator Ball recorded in the negative.

11               ACTING PRESIDENT ZELDIN:   The bill 

12  is passed.

13               THE SECRETARY:   Calendar Number 

14  561, by Senator Klein, Senate Print 6182, an act 

15  to amend the Education Law.

16               ACTING PRESIDENT ZELDIN:   Read the 

17  last section.

18               THE SECRETARY:   Section 4.  This 

19  act shall take effect immediately.

20               ACTING PRESIDENT ZELDIN:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               ACTING PRESIDENT ZELDIN:   Senator 

24  Klein to explain his vote.

25               SENATOR KLEIN:   Thank you, 

                                                               2334

 1  Mr. President.

 2               Today we have a very special guest 

 3  in the chamber with us, someone who has courage 

 4  and commitment and who has spent the better part 

 5  of the last year fighting for a very important 

 6  piece of legislation, which she hopes to pass in 

 7  all 50 states, named for her, Erin Merryn's Law.  

 8               I just want to take a couple of 

 9  moments to share Erin's story because it 

10  certainly is a compelling one.  And she's someone 

11  who took a great tragedy --

12               ACTING PRESIDENT ZELDIN:   Can we 

13  have order in the chamber, please. 

14               Sorry, Senator Klein.  Go ahead.

15               SENATOR KLEIN:   Thank you.  

16               She went through great tragedy in 

17  her life and sort of tried to make it into a 

18  positive.  

19               At a very early age, Erin was raped 

20  by a next-door neighbor, a friend of the family.  

21  Later on in her life, when she was 11, she was 

22  sexually abused by an older cousin.  

23               And, you know, she never learned 

24  anything in school about what to do when 

25  confronted by someone you know.  This is not a 

                                                               2335

 1  stranger who, when growing up, we're taught to be 

 2  aware of:  Don't get into a car with a stranger, 

 3  don't talk to a stranger.  These were family 

 4  members.  These were people who were supposed to 

 5  be friendly to her, people who were friends of 

 6  her family.

 7               So Erin has taken on a very 

 8  important mission and a very important cause.  

 9  She wants to pass Erin Merryn's Law in all 

10  50 states, which would simply mandate that the 

11  curriculum in our schools, starting at 

12  kindergarten, actually teach what to do to make 

13  sure you're not sexually abused by someone you 

14  know, someone who you don't know.

15               Right now in the State of New York, 

16  thanks to Senator Skelos, a law was passed in 

17  1994 which presently mandates in our school 

18  curricula around the state the teaching to 

19  students as early as kindergarten to prevent 

20  being abducted.  

21               So this is not going to be an added 

22  mandate or an added cost, this is merely adding 

23  the part about making sure to be wary or learn to 

24  deal or understand, making sure you're not abused 

25  by someone you know or you don't know.  

                                                               2336

 1               So this is something that I think 

 2  is very, very important.  When you look at the 

 3  statistics, they're rather devastating.  

 4  Ninety-four percent of young people who were the 

 5  victims of sexual abuse, the actual abuser is 

 6  someone they know.  

 7               So it's no longer that individual 

 8  in some dark alley, there's no longer that 

 9  individual trying to lure you into a car.  In 

10  many cases it's people we see and we know and we 

11  see every day and trust.

12               So today this is something 

13  important to me and I know it's important to 

14  Erin.  And I would like to recognize her today in 

15  the chamber.  

16               She's someone who has had this 

17  legislation passed in Illinois, in Missouri, in 

18  Indiana.  It's awaiting the signature of the 

19  governor in Maine.  And hopefully we can make 

20  New York State one of those states that passes 

21  Erin Merryn's Law.

22               So thank you, Erin, for being here 

23  today.  

24               And, Mr. President, I vote yes.  

25  And I'd like to recognize -- I hope the chamber 

                                                               2337

 1  can welcome and give Ms. Merryn a hand for all of 

 2  her hard work and dedication.

 3               (Standing ovation.)

 4               ACTING PRESIDENT ZELDIN:   Erin, we 

 5  extend the full courtesies of the chamber to you 

 6  today.

 7               Senator Klein will be recorded in 

 8  the affirmative.

 9               Senator Adams to explain his vote.

10               SENATOR ADAMS:   Thank you, 

11  Mr. President, just to explain my vote and really 

12  commend Senator Klein on this bill.  

13               And just to commend young Erin, you 

14  know, it's difficult to turn pain into purpose.  

15  And often people go internally when they feel a 

16  level of pain instead of reaching out and trying 

17  to prevent other people from experiencing that 

18  pain.  

19               And, you know, stories like this 

20  are so profound.  And I think it's important that 

21  we use our classrooms for more than just teaching 

22  one and one equals two; it must teach some of the 

23  challenges, the socialization problems that young 

24  people will experience.  

25               So this is commendable.  And I 

                                                               2338

 1  truly thank you, not only for myself as a Senator 

 2  but as someone who has a son.  

 3               And it's heroes like you that make 

 4  it possible for legislators not to get so far 

 5  removed in this comfortable environment that 

 6  we're in.  There are real problems out there, and 

 7  real people like you are giving us some great 

 8  solutions.  

 9               So I thank my colleague for this 

10  bill, and I thank you for doing this.  We must 

11  make all states in this America also have this 

12  bill on the books.  

13               Thank you very much.

14               ACTING PRESIDENT ZELDIN:   Senator 

15  Adams recorded in the affirmative.

16               Senator Montgomery to explain her 

17  vote.

18               SENATOR MONTGOMERY:   Yes, 

19  Mr. President, I join my colleagues in 

20  complimenting Ms. Merryn.  I think that her work 

21  is admirable, and hopefully we can spread this 

22  success more nationwide.

23               I'm voting no on this, not because 

24  I am not absolutely supportive of the legislation 

25  or the intent of this legislation, but I do want 

                                                               2339

 1  to make a statement about I too have legislation 

 2  that would require sex education in every school, 

 3  in every grade, appropriate to every grade from 

 4  first through twelfth.  We do not have that.  

 5               I also am a huge advocate of 

 6  school-based health clinics, where we would have 

 7  health professionals to speak to young people 

 8  about all of the aspects of their health, their 

 9  mental health needs, their nutritional education 

10  needs, as well as their sexuality and the sex 

11  education.

12               We do not approach young people in 

13  a comprehensive way.  Everything is piecemeal for 

14  them.  And therefore some people, some youngsters 

15  will get it, others will never get it, and we 

16  never do a thorough and complete job of making 

17  sure our young people have all that they need 

18  comprehensively.

19               So I object to this process.  

20  That's what I am voting no about.  

21               However, I am all in favor of young 

22  people having sex education and all the 

23  information available about their sexuality and 

24  to protect them and their health.  

25               But I vote no on this bill.

                                                               2340

 1               ACTING PRESIDENT ZELDIN:   Senator 

 2  Montgomery will be recorded in the negative.

 3               Senator Savino to explain her vote.

 4               SENATOR SAVINO:   Thank you, 

 5  Mr. President.  I rise in support of this piece 

 6  of legislation.  

 7               And I just want to say to 

 8  Erin Merryn, you're a remarkable young woman who 

 9  has shown tremendous courage.  Where most people 

10  would run away and hide, you've chosen to make 

11  this your own personal mission.

12               As I said to you earlier today at 

13  the press conference, when I was a caseworker in 

14  the city's child welfare administration, the most 

15  difficult cases that I dealt with were children 

16  who were victims of sexual abuse.  Their scars 

17  were internal, not external.  You couldn't look 

18  at them and see the bruises, you couldn't see 

19  their broken bones, you couldn't see the evidence 

20  of the abuse that they suffered.  

21               But it is a very real suffering 

22  that millions of children go through.  And the 

23  really sad reality is the majority of those 

24  children are victimized by people they know and 

25  trust -- family members, people who they look up 

                                                               2341

 1  to, people they would not question.

 2               And when we think about the very 

 3  small children who are most at risk, they have no 

 4  other frame of reference.  They don't know what 

 5  sexual abuse is because they don't know what sex 

 6  is.  They don't know what appropriate touching 

 7  is.  They don't know what's inappropriate.

 8               So we need to educate our children, 

 9  we need to educate our educators.  Because as we 

10  begin to talk about these things publicly, we're 

11  going to have children who begin to self-report 

12  about what's happening in their home or when they 

13  visit their uncle or when they see their 

14  next-door neighbor.

15               So this has to be a collaborative 

16  effort about educating children, educating our 

17  communities and trying to cut back on the risks 

18  that young children face every day at the hands 

19  of people they know and love the most.  

20               So I want to thank you, Erin.  I 

21  want to thank Senator Klein for bringing this 

22  legislation forward, and Assemblyman Dinowitz in 

23  the Assembly.  And hopefully this will be the 

24  next state that adopts Erin Merryn's Law.  

25               Thank you, Mr. President.

                                                               2342

 1               ACTING PRESIDENT ZELDIN:   Senator 

 2  Savino will be recorded in the affirmative.

 3               Senator Smith to explain his vote.

 4               SENATOR SMITH:   Thank you very 

 5  much, Mr. President.  

 6               Let me rise just to thank my 

 7  colleague Senator Klein for bringing forth this 

 8  significant piece of legislation.  

 9               To Erin, thank you.  That's all I 

10  can say to you, just thank you.  You are very 

11  brave.  I don't know how you muster up the 

12  strength, given what you have been through, to do 

13  this.  But to be so magnanimous in your effort 

14  for other people, I know God will continue to 

15  bless you and your family.  

16               And know that we are going to do 

17  the right thing by you.  And we know how hard 

18  this is for you.  You probably remember it night 

19  after night.  I have a daughter myself, and I 

20  don't know if I could even stand to have her sit 

21  here and hear this.  

22               This is serious.  And I hope people 

23  understand how serious this is.  This is not a 

24  matter of you being here for anything other than 

25  the fact that you feel it's the right thing to 

                                                               2343

 1  do.

 2               So I'm going to vote yes, and know 

 3  that I will ask all my colleagues as well as 

 4  others to do so.  God bless you.

 5               ACTING PRESIDENT ZELDIN:   Senator 

 6  Smith will be recorded in the affirmative.

 7               Announce the results.

 8               THE SECRETARY:   Ayes, 55.  Nays, 

 9  1.  Senator Montgomery recorded in the negative.

10               ACTING PRESIDENT ZELDIN:   The bill 

11  is passed.  

12               (Applause.)

13               THE SECRETARY:   Calendar Number 

14  562, by Senator Flanagan, Senate Print 6694A, an 

15  act to establish.

16               ACTING PRESIDENT ZELDIN:   Read the 

17  last section.

18               THE SECRETARY:   Section 12.  This 

19  act shall take effect on the 90th day.

20               ACTING PRESIDENT ZELDIN:   Call the 

21  roll.

22               (The Secretary called the roll.)

23               THE SECRETARY:   Ayes, 55.  Nays, 

24  1.  Senator Duane recorded in the negative.

25               ACTING PRESIDENT ZELDIN:   The bill 

                                                               2344

 1  is passed.  

 2               Excuse me.  The Secretary will 

 3  again announce the results.

 4               THE SECRETARY:   In relation to 

 5  Calendar Number 562, those recorded in the 

 6  negative are Senators Duane and Montgomery.

 7               Ayes, 54.  Nays, 2.

 8               ACTING PRESIDENT ZELDIN:   The bill 

 9  is passed.

10               Senator Libous, that completes the 

11  reading of the noncontroversial calendar.

12               SENATOR LIBOUS:   Mr. President, is 

13  there any further business at the desk?  

14               ACTING PRESIDENT ZELDIN:   There is 

15  no further business.

16               SENATOR LIBOUS:   Mr. President, 

17  you've done such a good job, I'm sure that our 

18  colleagues will want you to preside more 

19  frequently.  

20               Because if there's no further 

21  business at the desk, Mr. President, I move that 

22  we adjourn at this time until Tuesday, May 1st, 

23  at 3:00 p.m.

24               ACTING PRESIDENT ZELDIN:   On 

25  motion, the Senate stands adjourned until 

                                                               2345

 1  tomorrow, Tuesday, May 1st, at 3:00 p.m.

 2               (Whereupon, at 3:34 p.m., the Senate 

 3  adjourned.)

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