May 19, 2008

Top of Form 1
Date: 05/19/2008
Session: Regular
2268
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 May 19, 2008
11 3:18 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
Candyco Transcription Service, Inc.

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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 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 to lead us in prayer we have Father Peter
11 Young, of the Mother Theresa Community here in
12 Albany.
13 Father.
14 REVEREND YOUNG: Thank you,
15 Senator.
16 Let us pray.
17 O God, the builder of all things,
18 You have placed on us the obligation of toil.
19 Grant that the work that we begin here in this
20 Senate chamber may serve to better our lives
21 in New York State and, through Your goodness,
22 contribute to the spread then of all of the
23 people that are called to be Your servants.
24 God never fails to provide our
25 citizens in New York State with dedicated

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1 Senators. May God pour forth His blessings on
2 our legislators and provide them with a spirit
3 of courage to accept the many demands of their
4 elected office.
5 We ask You this, amen.
6 ACTING PRESIDENT GRIFFO: Reading
7 of the Journal.
8 THE SECRETARY: In Senate,
9 Sunday, May 18, the Senate met pursuant to
10 adjournment. The Journal of Saturday, May 17,
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 On behalf of Senator Lanza, I wish
3 to call up Senate Print 3682, recalled from
4 the Assembly, which is now at the desk.
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 704, by Senator Lanza, Senate Print 3682, an
9 act to amend the Highway Law.
10 SENATOR FUSCHILLO: I now move to
11 reconsider the vote by which the bill was
12 passed.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 37.
17 SENATOR FUSCHILLO: I now offer
18 the following amendments.
20 amendments are received.
21 SENATOR FUSCHILLO: Mr.
22 President, amendments are offered to the
23 following Third Reading Calendar bills.
24 Sponsored by Senator Fuschillo,
25 page number 23, Calendar Number 169, Senate

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1 Print Number 5543D.
2 By Senator Rath, page number 46,
3 Calendar Number 731, Senate Print Number
4 1311A.
5 By Senator Little, page number 59,
6 Calendar Number 969, Senate Print Number 6922.
7 By Senator Fuschillo, page
8 number 60, Calendar Number 1002, Senate Print
9 Number 7577.
10 By Senator Marcellino, page
11 number 61, Calendar Number 1012, Senate Print
12 Number 3195B.
13 I now move that these bills retain
14 their place on the order of third reading.
16 amendments are received and adopted, and the
17 bills will retain their place on the Third
18 Reading Calendar.
19 SENATOR FUSCHILLO: Thank you.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Fuschillo.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President, I
24 believe there's a substitution at the desk, if
25 we could make it at this time.

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3 THE SECRETARY: On page 49,
4 Senator Golden moves to discharge, from the
5 Committee on Aging, Assembly Bill Number 9905A
6 and substitute it for the identical Senate
7 Bill Number 3716A, Third Reading Calendar 825.

9 substitution is so ordered.
10 Senator Serrano.
11 SENATOR SERRANO: Mr. President,
12 I wish to call up Senate Print Number 3153,
13 recalled from the Assembly, which is now at
14 the desk, by Senator Montgomery.
18 656, by Senator Montgomery, Senate Print 3153,
19 an act to amend the Family Court Act and the
20 Social Services Law.
22 I now move to reconsider the vote by which
23 this bill was passed.
25 Secretary will call the roll on

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1 reconsideration.
5 I now offer the following amendments.
7 amendments are received and adopted.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 there's Resolution 5944 at the desk, by

11 Senator Larkin. If we could have the title
12 read and move for its immediate adoption.
15 THE SECRETARY: By Senator
16 Larkin, Legislative Resolution Number 5944,
17 honoring Nancy Kosloski, executive director
18 and founder of Orange County Big Brothers/Big
19 Sisters, upon the occasion of her designation
20 for special recognition.
22 question is on the resolution. All in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT GRIFFO:

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1 Opposed, nay.
2 (No response.)
4 resolution is adopted.
5 Senator Skelos.
7 Senator Valesky has a resolution, Number 5929,
8 at the desk. If we could have the title read
9 and move for its immediate adoption.
12 THE SECRETARY: By Senator
13 Valesky, Legislative Resolution Number 5929,

14 congratulating the Jamesville-DeWitt High
15 School Boys Basketball Team and Coach Bob
16 McKenney on its outstanding season and overall
17 team record.
19 Senator Valesky.
20 SENATOR VALESKY: Thank you,
21 Mr. President.
22 I'm pleased to be able to stand
23 here today and welcome, in the gallery here,
24 the Jamesville-DeWitt High School Boys Class A
25 Championship Basketball Team, led by Coach Bob

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1 McKenney, and just take a moment before we
2 approve this resolution to congratulate them
3 and share with the members here the kind of
4 season they had.
5 They ended their year with a 26 and
6 2 record. They finished as the highest-ranked
7 public high school in the entire state.
8 Their season was truly marked by
9 dominance, holding opponents in the
10 playoffs -- against the best teams around the
11 state -- to 51 points per game, while they
12 scored an average of 73 points per game.
13 Again, against the best teams in the state.
14 Defeated East Hampton High School in the
15 championship game 78 to 54, so they clearly
16 were head and shoulders above everyone else in

17 the state.
18 After winning the Class A state
19 championship, they went on and became
20 federation champions as well. And this is
21 their second state championship in five years.
22 So clearly, from a basketball perspective,
23 they're doing something right at
24 Jamesville-DeWitt High School.
25 But I would add that they and the

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1 character they have built, through teamwork
2 and hard work and dedication over the season,
3 that they have become leaders not only on the
4 basketball court, but off the hardwood as
5 well.
6 And we look to each and every one
7 of them to continue their excellent athletic
8 success but encourage them to do even more in
9 their school, in their community, in their
10 college, for those who are graduating seniors.
11 And it's an honor to be here today
12 and to recognize them and congratulate them on
13 their state championship.
14 Thank you.
16 you, Senator Valesky.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Yes, I know
19 it sometimes gets tiresome in chambers when we

20 from Central New York, Onondaga County, keep
21 bringing back championship team after
22 championship team after championship team,
23 including the national champions, Syracuse
24 University Basketball Team. But one day your
25 counties will also be as proficient and as

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1 excellent in sports as those that come from
2 Onondaga County.
3 (Laughter.)
4 SENATOR DeFRANCISCO: Senator
5 Valesky indicated how great their record was.
6 They've actually won not only two
7 championships in the last two years, but this
8 is their third state championship. You don't
9 see that very often at this level of
10 basketball play.
11 We had a little get-together in my
12 office for lunch, and I got to meet some of
13 the players. They're fine young men. And you
14 know, the fact that they -- what was it, the
15 margin of victory was 24 points a game, the
16 margin of victory? Just absolutely
17 unbelievable.
18 Sorry about your losing to my high
19 school team. But it still was an excellent
20 season. Maybe in the future it will be
21 perfect again.
22 But they're great young men. And

23 I'll tell you, you'll never, ever, ever forget
24 this experience, your whole life. You've got
25 friends for life who you will be communicating

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1 with and being with for many, many years to
2 come.
3 The coaches also deserve
4 recognition. When you get the resolutions,
5 and each one of you will get one, your names
6 and assistant coaches are there. Obviously
7 Bob McKenney, who did an incredible job to
8 keep it all together.
9 But there's also another assistant
10 coach that I'd be remiss if I didn't
11 recognize, a former Senate employee, Charles
12 Falgiatano, who now works with me in a law
13 office. And he's here with his son. The
14 coach's daughter is here as well.
15 And I can tell that they had that
16 same aggression that Charlie has in everything
17 he does.
18 So congratulations again, and have
19 a great life of success, not only in the
20 sports arena but also in everything you do in
21 your future. You're going to be the leaders
22 of tomorrow. And we're very, very, very proud
23 of you.
25 you, Senator DeFrancisco.

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1 The question is on the resolution.
2 All in favor signify by saying aye.
3 (Response of "Aye.")
5 Opposed, nay.
6 (No response.)
9 We take now the opportunity to
10 congratulate the coach, the players of JD, and
11 the entire basketball team for their
12 outstanding championship and for the great
13 athletic prowess that's exhibited in Onondaga
14 County. We congratulate you all.
15 (Applause.)
16 ACTING PRESIDENT GRIFFO: Senator
17 Skelos.
19 Resolution 5964, by Senator Bruno, is at the
20 desk. If we could have the title read and
21 move for its immediate adoption.
24 THE SECRETARY: By Senator Bruno,
25 Concurrent Resolution Number 5964,

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1 establishing a plan setting forth an itemized

2 list of grantees for certain appropriations
3 for the 2008-2009 state fiscal year, as
4 required by subdivision 5 of Section 24 of the
5 State Finance Law.
6 ACTING PRESIDENT GRIFFO: On the
7 resolution, the Secretary will call the roll.
12 Senator Skelos.
13 SENATOR SKELOS: If we could go
14 to the noncontroversial reading of the
15 calendar now.
19 231, by Senator Farley, Senate Print 1562A, an
20 act to amend the Public Health Law, in
21 relation to the healthcare practitioner
22 volunteer program.
23 ACTING PRESIDENT GRIFFO: Read
24 the last section.
25 THE SECRETARY: Section 3. This

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1 act shall take effect immediately.
3 the roll.

7 bill is passed.
9 552, by Senator Fuschillo, Senate Print 5795A,
10 an act to amend the Penal Law and the Criminal
11 Procedure Law, in relation to identity theft.
15 act shall take effect on the 90th day.
17 the roll.
21 bill is passed.
23 574, by Senator Nozzolio, Senate Print 4638,
24 an act to amend the Alcoholic Beverage Control
25 Law, in relation to the definition of cider.

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2 the last section.
6 the roll.

10 bill is passed.
12 692, by Senator Farley, Senate Print 920A, an
13 act to amend the Tax Law, in relation to
14 filing.
20 the roll.
24 bill is passed.

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1 728, by Senator Fuschillo, Senate Print 7339,
2 an act to amend the General Business Law, in
3 relation to prohibiting.
5 the last section.
7 act shall take effect on the first day.
9 the roll.

13 bill is passed.
15 785, by Senator Young, Senate Print 6954A, an
16 act to validate, ratify and legalize.
17 ACTING PRESIDENT GRIFFO: There
18 is a home-rule message at the desk.
19 The Secretary will read the last
20 section.
24 the roll.

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3 bill is passed.
5 825, substituted earlier today by Member of
6 the Assembly Dinowitz, Assembly Print Number
7 9905A, an act to amend the Executive Law, in
8 relation to directing.

14 the roll.
18 bill is passed.
20 913, by Senator Volker, Senate Print 894A, an
21 act to amend the Criminal Procedure Law and
22 the Family Court Act, in relation to duration.

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3 the roll.
7 bill is passed.
9 955, by Senator Fuschillo, Senate Print 1634B,
10 an act to amend the Tax Law, in relation to
11 establishing.

17 the roll.
21 bill is passed.
23 960, by Senator Padavan, Senate Print 4487B,
24 an act to amend the General Business Law, in
25 relation to requiring.

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2 the last section.
6 the roll.
10 bill is passed.
12 962, by Senator DeFrancisco --
13 SENATOR SKELOS: Lay it aside for
14 the day, please.
15 ACTING PRESIDENT GRIFFO: Lay it
16 aside for the day.
18 966, by Senator Larkin, Senate Print 537, an
19 act to amend the Agriculture and Markets Law,

20 in relation to the powers and duties of the
21 commissioner of agriculture.

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2 the roll.
4 THE SECRETARY: Ayes, 50. Nays,
5 2. Senators Duane and L. Krueger recorded in
6 the negative.
8 bill is passed.
10 986, by Senator Golden, Senate Print 1777, an
11 act to amend the Penal Law, in relation to
12 increasing penalties.
16 act shall take effect on the first of
17 November.
19 the roll.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 986 are

23 Senators Duane, L. Krueger, Montgomery and
24 Perkins.
25 Ayes, 50. Nays, 4.

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2 bill is passed.
4 987, by Senator Smith, Senate Print 1862, an
6 facilitating.
8 the last section.
11 November.
13 the roll.
17 Senators Duane and Montgomery.
18 Ayes, 53. Nays, 2.
20 bill is passed.
22 1003, by Senator Lanza, Senate Print 7602, an
24 filing.

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1 the last section.
4 November.
6 the roll.
10 bill is passed.
12 1055, by Senator Nozzolio, Senate Print 1454,
13 an act to amend the Correction Law, in
14 relation to charging.
20 the roll.
24 Senators Duane, Hassell-Thompson, Montgomery,
25 Onorato and Perkins. Also Senator Serrano.

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1 Also Senator L. Krueger.

2 Ayes, 49. Nays, 7.
4 bill is passed.
6 1059, by Senator Skelos, Senate Print 3614, an
7 act to amend the Correction Law, in relation
8 to expanding the definition.
14 the roll.
18 bill is passed.
20 1060, by Senator Skelos, Senate Print 3713, an
21 act to amend the Correction Law, in relation
22 to the registration of sex offenders.

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3 the roll.

6 1. Senator Montgomery recorded in the
7 negative.
9 bill is passed.
11 1088, by Senator Winner, Senate Print 1721, an
12 act to amend the Alcoholic Beverage Control
13 Law and the Vehicle and Traffic Law, in
14 relation to the imposition of driver's license
15 suspensions.
20 November.
22 the roll.
25 2. Senators Duane and Montgomery recorded in

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1 the negative.
3 bill is passed.
5 1093, by Senator Leibell, Senate Print 4699,
7 Law and the Vehicle and Traffic Law, in

8 relation to increasing penalties.
13 November.
14 SENATOR ONORATO: Lay it aside.
15 SENATOR DUANE: Lay it aside,
16 please.
18 bill is laid aside.
19 Senator Skelos, that completes the
20 noncontroversial reading of the calendar.
21 SENATOR SKELOS: Thank you,
22 Mr. President.
23 If we could ring the bells at this
24 time to let the members know that there is one
25 bill on the controversial calendar.

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2 you, Senator Skelos.
3 The Secretary will ring the bells.
4 The Secretary will read.
6 1093, by Senator Leibell, Senate Print 4699,
8 Law and the Vehicle and Traffic Law.
10 Diaz.
11 SENATOR DIAZ: Explanation.
12 ACTING PRESIDENT GRIFFO: An
13 explanation is requested, Senator Leibell.
14 SENATOR LEIBELL: Thank you,
15 Mr. President.
16 This is legislation that we have
17 seen in this house before. It's also, I might
18 add, a Westchester County program bill.
19 There's not a member in this
20 chamber or in the other house that is not
21 aware of the tremendous loss of life that we
22 have had on our roads over the course of many
23 years now. In fact, it's been said that it's
24 a slaughter out there.
25 In all too many cases, and

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1 statistics bear this out, that slaughter is
2 caused by young drivers, inexperienced
3 drivers, drivers in cars with other teenagers,
4 and drivers in cars and passengers in cars
5 where there is alcohol present.
6 This legislation is an attempt to
7 amend Section 65C of the Alcoholic Beverage
8 Control Law, to prohibit any person under the
9 age of 21 who is an occupant in a motor
10 vehicle on a public highway from possessing
11 alcohol with the intent to consume.
12 The bill would also amend
13 Section 510 of the Vehicle and Traffic Law to

14 authorize courts to suspend the driver's
15 license of any person convicted of such
16 offense.
17 The offense created under the ABC
18 Law would be subject to a maximum $100 fine
19 and/or community service, not to exceed
20 30 hours. The penalties provided under the
21 Vehicle and Traffic Law would be the mandatory
22 suspension of a driver's license for anyone
23 convicted of such offense, as follows: Three
24 month for a first violation, six months for a
25 second violation within 18 months, and one

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1 year or until the individual reaches the age
2 of 21 for the third or subsequent violation
3 within 18 months.
4 This bill mandates the suspension
5 or the delay in receiving a driver's license
6 for occupants of a motor vehicle while on a
7 public highway under the age of 21 who possess
8 alcohol with the intent to consume. It adds
9 teeth, this bill, to what is the existing law
10 on underage drinking. In a nutshell, cars and
11 alcohol simply do not mix.
12 When we last saw this bill, which
13 was last year in this house, it passed
14 unanimously, 62 to 0.
16 Diaz.
17 SENATOR DIAZ: Mr. President,
18 would the sponsor yield for a question or two.
20 Leibell, do you yield?
21 SENATOR LEIBELL: Certainly.
23 Diaz.
24 SENATOR DIAZ: Yes, before I ask
25 a question, I want to make it clear and to be

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1 sure that everyone understands that me as a
2 pastor of an evangelical church, I oppose all
3 kinds of drinking, underage and above age.
4 However, I have a question for Senator
5 Leibell.
6 Senator Leibell, the bill calls for
7 the suspension of a license for the driver of
8 the car or anyone sitting in that car?
9 SENATOR LEIBELL: It would be for
10 the person who had the intent of consuming
11 that alcohol.
12 SENATOR DIAZ: And --
14 Diaz, do you wish the sponsor to continue to
15 yield?
16 SENATOR DIAZ: Yes, Mr.
17 President.
19 Leibell, would you yield?

20 SENATOR LEIBELL: Certainly.
21 ACTING PRESIDENT GRIFFO: He
22 yields.
23 SENATOR DIAZ: Senator Leibell,
24 let's assume that I am the driver, I am under
25 21, and I have two friends that are occupying

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1 my car with me. I'm the driver, but they have
2 the liquor.
3 SENATOR LEIBELL: They have the
4 liquor.
5 SENATOR DIAZ: They have the
6 liquor, not me. I'm driving. I don't have
7 anything, but they have it.
8 Does that mean that their license
9 would be suspended?
10 SENATOR LEIBELL: Yes, the
11 passengers, if you can establish that they had
12 that alcohol with intent to consume.
13 SENATOR DIAZ: The passengers.
15 Diaz, would you just -- through the chair,
16 please.
17 SENATOR DIAZ: Sorry, Mr.
18 President.
20 Diaz, do you wish to ask the sponsor to
21 continue to yield?
22 SENATOR DIAZ: Yes, Mr.

23 President.
25 Leibell, will you continue?

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1 SENATOR LEIBELL: Yes.
3 Diaz.
5 let's assume that I am the driver and there
6 are passengers above 21 years of age -- above
7 21 -- and they have the alcoholic beverage.
8 Will their license be suspended?
10 Leibell.
11 SENATOR LEIBELL: No, this deals
12 with people -- this bill, proposed
13 legislation, deals with people under 21 years
14 of age.
15 SENATOR DIAZ: So, Mr. President,
16 through you, will the sponsor continue to
17 yield.
19 Leibell, do you continue to yield?
20 SENATOR LEIBELL: Yes, I do.
22 Diaz.
23 SENATOR DIAZ: So this
24 legislation is punishing only passengers in a
25 car who are under 21?

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1 SENATOR LEIBELL: That's correct.
2 There are other passages of law
3 that make and would involve the scenario
4 you're enumerating here. But for this purpose
5 today, in this legislation, it's 21 and under.
7 will the sponsor continue to yield.
12 Diaz.
14 what is the age in this nation and this state,
15 the minimum age to send a person to a war to
16 fight, kill, or get killed defending our
17 nation? What is the low age?
18 SENATOR LEIBELL: I understand
19 your point. It's 18.
20 SENATOR DIAZ: Eighteen.
21 SENATOR LEIBELL: Yes. You can
22 join younger than that, but my understanding
23 is in a combat zone it's 18.
24 SENATOR DIAZ: Eighteen.
25 Mr. President, through you, will

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1 the sponsor continue to yield.

4 SENATOR LEIBELL: Yes, sir.
6 Diaz.
8 so you are telling me that a person between
9 18 years of age and 21 is smart enough,
10 intelligent enough, and capable enough to be
11 sent to a war to get killed, to kill for this
12 nation, but that same person is stupid enough
13 to drink?
14 ACTING PRESIDENT GRIFFO: What is
15 your question, Senator Diaz?
16 SENATOR DIAZ: I already asked.
17 SENATOR LEIBELL: Well, Senator,
18 there are going to be many other examples,
19 too, where somebody who is of an age to serve
20 in the military will probably not enjoy some
21 other privileges also. It will probably be
22 much more difficult for them to maybe get a
23 mortgage, to do any number of things. And
24 that is a reality.
25 The reality -- Senator, let me just

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1 finish, if I could. The reality we're left to
2 deal with here, though -- and I understand
3 your point.
4 The reality we're left to deal with

5 is the carnage that's out there on our roads.
6 And I have, with my colleagues in the other
7 house, tried to come with a way to make our
8 roads safer and to do that by increasing
9 penalties. And I believe that this would go a
10 long way towards saving some of those young
11 people, their own lives.
13 Diaz.
16 yield.
18 Leibell, do you choose to continue to yield?
21 Diaz.
22 SENATOR DIAZ: So, Senator
23 Leibell, we are so concerned in saving,
24 protecting the lives of those young persons
25 from 18 to 21 by not allowing them to drink,

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1 but we are not that concerned to protect and
2 save their life to send them to a war and to
3 kill and get killed, and to use weapons -- a
4 rifle, grenades, all kind of equipment to kill
5 other people?
6 They are intelligent enough and
7 smart enough to do those things to harm other

8 people, to kill other people, to blow other
9 people away in protecting the nation, and we
10 don't do anything to protect their life in
11 stopping them from going to war, but here we
12 will protect their life by not allowing them
13 to drink?
14 SENATOR LEIBELL: Senator, I
15 think we're getting probably fairly far afield
16 here.
17 They also can't serve as president
18 of the United States. Wouldn't be old enough.
19 Or a member of the U.S. Senate or a member of
20 the House of Representatives. They wouldn't
21 have the age requirements there.
22 Probably many of our jobs here,
23 whether it's state troopers, correction
24 officers, we have age requirements.
25 We're pretty far afield from what

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1 I'd like to discuss on this bill, but that
2 does exist, you're right. And on the surface
3 there may seem to be a certain lack of
4 fairness there.
5 But on the other hand, if we can
6 and we have identified this as being a leading
7 cause of the carnage that's out there on our
8 roads, I think it justifies the legislation
9 that's here before us today. Recognizing that
10 we can save lives.

13 yield.
18 Diaz.
19 SENATOR DIAZ: As I said before,
20 I'm a preacher, I am a pastor of an
21 evangelical church. We don't smoke, we don't
22 dance, and we don't drink. That's my
23 religion. We oppose drinking, we oppose
24 dancing, and we oppose smoking.
25 Now, however, it saddens me to see

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1 that here in this chamber here, right here in
2 this chamber, Senator, we call these young
3 soldiers that sacrifice their life protecting
4 the nation, and we bring them here and we call
5 them heroes here in the chamber. We call them
6 heroes, we call them heroines. And we call
7 them all kind of -- we praise them, because
8 they -- let me tell you a story.
9 My granddaughter just became
10 18 years old. She enlisted in the Navy, and
11 she's out there. My granddaughter, she's out
12 there. She was smart enough to join the Navy,
13 expose her life and go and kill or get killed

14 for this nation, but now we're telling her --
15 to me, I admire her. She's my heroine. She's
16 my heroine. She's [gesturing] my love. And
17 I'm scared for her.
18 But now we're telling her, now:
19 You are not above 21 years of age, so that
20 means that if you are in a car as a passenger
21 and you have a beer with you, your license
22 will be suspended.
23 And that's what I'm saying. You
24 know, it is not that I'm supporting drinking.
25 It is that, you know, I think it's kind of

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1 discrimination, it's kind of abusive, it's
2 kind of a disrespect to our youth to tell them
3 go kill, go get killed, go over there and use
4 those weapons, and then come here and tell
5 them, now you are sitting in a car, just
6 sitting in a car, you're not driving, you're
7 sitting in a car. And if you get stopped and
8 you have a beer and you are a passenger in
9 that car, your driver's license will be
10 suspended.
11 Senator, you know, again, I oppose
12 drinking. And I'm opposing this bill. Not
13 because I want them to drink -- I want them to
14 stop drinking -- but because I think it's
15 something wrong that we're doing to our youth.
16 It's a wrong message.

18 Diaz, are you on the bill now or are you still
19 directing questions?
20 SENATOR DIAZ: I don't even know
21 where I am.
22 (Laughter.)
23 ACTING PRESIDENT GRIFFO: Why
24 don't you speak on the bill, then.
25 SENATOR DIAZ: I am angry.

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1 ACTING PRESIDENT GRIFFO: All
2 right. Senator Diaz, on the bill.
3 SENATOR DIAZ: I'm angry. I'm
4 upset. I'm disappointed. I am, you know, all
5 over the place.
6 But, you know, it is an injustice,
7 Mr. President, ladies and gentlemen, what
8 we're doing, telling our youth, telling our
9 youth: Oh, you are good enough to go and
10 kill, you're good enough to go and give your
11 life, you're good enough to go and handle
12 weapons, you're good enough to go and kill
13 other people in other nations -- you're good
14 enough, you're smart enough. Oh, you're the
15 cream of our country. You are our heroes.
16 You are the best.
17 And then tell them, if you are the
18 passenger in a car, when they sacrifice their
19 life over there and they come back to our

20 nation and I have to tell my -- vote for
21 something to my granddaughter, while I tell
22 her "I admire you, and I love you, you make me
23 proud, you sacrifice your life now." She's
24 doing something good to go there, and now she
25 will be punished, just punished because she

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1 has a beer as a passenger in a car.
2 And we're going to ask our young
3 guys, our young girls to go and fight for us?
4 We have no moral to do that. We have no moral
5 to do that, to ask our young ladies and
6 gentlemen from between 18 to 21 to go and
7 fight for this nation and call them heroes and
8 then tell them, You are losing your driver's
9 license because you have a beer and you were a
10 passenger in -- see, if they were the driver,
11 if they were the driver of the car, that's a
12 different story. But a passenger? Just a
13 passenger and they're going to lose their
14 license?
15 I cannot vote for something like
16 this, and I hope my colleagues understand my
17 point of view.
18 Thank you, Mr. President.
20 you, Senator Diaz.
21 Any other Senator wishing to be
22 heard?
23 Senator Leibell.
24 SENATOR LEIBELL: Yes, I
25 certainly share in your pride for what your

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1 granddaughter is doing in service.
2 But as I pointed out, there are
3 many times -- and we are probably far afield
4 on this debate now -- but there are many times
5 in law where you will see differences based on
6 age. As I said, the vast majority of our
7 heroes who are returning will not for some
8 years be eligible to run for president of the
9 United States, or the Congress.
10 They may feel that that's wrong.
11 You've probably got some pretty talented kids
12 out there who'd say, you know, I want to come
13 back and run for president. But they're not
14 able to do that yet.
15 It's been a problem in society in
16 general -- and in the military -- with our
17 youngsters out there in cars with alcohol.
18 And this is an attempt to do something about
19 that.
20 I must have been more eloquent last
21 year, because you voted for it, Senator. But
22 I understand a year can give you some time to
23 reflect on something.
24 I think this is a good piece of
25 legislation. It's a solid piece of

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1 legislation. Our goals are pure. We hope to
2 save lives -- not only people who are outside
3 the car, but those teenagers who are in the
4 car also. So I'm strongly in favor of this
5 legislation, as you can understand.
7 Hassell-Thompson, on the bill.
8 SENATOR HASSELL-THOMPSON: Thank
9 you, Mr. President. Just very briefly.
10 One of the reasons that this is a
11 program bill out of Westchester County is
12 because of the number of young people who have
13 been killed in automobile accidents in our
14 county.
15 My concern, and the reason that I
16 support this bill, is that even though many
17 times we think that having a designated driver
18 is enough, when young people are drinking in
19 the car, certain activities within the car --
20 hassling and horseplay in the car -- have
21 caused accidents.
22 And so that what we're attempting
23 to do with this bill is to make sure that
24 there is no drinking under the age of 21,
25 because once -- and we can talk about whether

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1 young people are responsible enough to do

2 whatever. But once they have been drinking,
3 their responsible behavior sometimes goes out
4 of the window.
5 And so this bill gets my support
6 because it speaks to the numbers of incidences
7 that have occurred in our county and in this
8 state where young people who have been
9 drinking have been the cause of accidents even
10 when the driver was not drinking.
11 And so that I think that the merits
12 of this bill are very important, and I don't
13 want that to get lost in this discussion. So
14 I will be voting in the affirmative.
15 Thank you, Mr. President.
16 ACTING PRESIDENT GRIFFO: Is
17 there any other Senator wishing to be heard?
18 Senator Fuschillo.
19 SENATOR FUSCHILLO: Mr.
20 President, thank you very much. Just on the
21 bill.
22 I want to compliment my colleague
23 Senator Leibell for bringing this to the
24 floor.
25 You know, in 2006 there were 55,000

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1 DWIs and DUI arrests here in New York State,
2 and I think 558 fatalities. The number-one
3 cause of death in this country for kids
4 between 16 and 25 is car accidents. And when

5 there's alcohol in it, the numbers increase.
6 Driving drunk and being arrested in
7 this country is a tolerated crime. That's
8 right, you heard me, a tolerated crime.
9 Because every time there's an arrest or a
10 fatality, there should be an outrage in
11 society.
12 You know, that car becomes a
13 weapon, 2,000 pounds or more, and there should
14 be no distinction between the weapon. And
15 then when you're behind the wheel of that car
16 drunk, or if you're a passenger in that car
17 drunk, there should be no distinction as well.
18 I'm proud to support this bill,
19 Mr. President. I compliment my colleague
20 Senator Leibell.
21 Thank you.
23 you, Senator Fuschillo.
24 Is there any other Senator wishing
25 to be heard?

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1 The debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
6 November.

8 the roll.
11 Diaz.
12 Can I have order in the chamber,
13 please. Members please take their seats.
14 Senator Diaz, to explain his vote.
15 SENATOR DIAZ: Thank you,
16 Mr. President.
17 I believe that a driver of a car
18 above 21 years old, if that driver is in a
19 possession of an alcoholic beverage, their
20 license should be suspended. I agree with
21 that.
22 To punish a passenger, a young
23 person of 20 years old, 18 years, 19 years old
24 who happens to be a passenger with a beer, and
25 not do the same thing to an adult who is

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1 23 years old or 25 years old, is something too
2 much to swallow.
3 I mean, if you want to punish
4 anybody, you want to stop drinking, let's do
5 it to everybody. Anybody in the car --
6 ACTING PRESIDENT GRIFFO: Can we
7 have order in the chamber, please, out of
8 respect for our speaker.
9 Senator Diaz, you may continue.
10 SENATOR DIAZ: Thank you.

11 Anyone in a car, any passenger
12 under 21 or above 21 that has liquor, their
13 driver's license should be suspended. But to
14 do that only, to suspend the driver's license
15 only to a passenger in a car who is under 21
16 and not do the same to a passenger who is
17 above 21, I cannot support something like
18 that.
19 This is discrimination. It's a
20 wrong message that we're sending to our youth.
21 I will not support it. I'm sorry that people
22 don't get it, but I'm voting against.
23 And I knew -- and I knew -- and I
24 knew that Hassell-Thompson would vote any
25 which way against me.

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1 (Laughter.)
3 Diaz to be recorded in the negative.
4 Announce the results.
7 Senators Adams, Diaz, Parker, Perkins and
8 Sampson.
9 Absent from voting: Senator
10 Connor.
11 Ayes, 55. Nays, 5.
13 bill is passed.
14 Senator Skelos, that completes the
15 controversial reading of the calendar.
16 SENATOR SKELOS: Thank you,
17 Mr. President.
18 Is there any further business at
19 the desk?
20 ACTING PRESIDENT GRIFFO: There
21 is none.
22 SENATOR SKELOS: There being
23 none, I move we stand adjourned until Tuesday,
24 May 20th, at 3:00 p.m.
25 ACTING PRESIDENT GRIFFO: On

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1 motion, the Senate stands adjourned until
2 Tuesday, May 20th, at 3:00 p.m.
3 (Whereupon, at 4:06 p.m., the
4 Senate adjourned.)
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(518) 371-8910

May 19, 2008

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1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 May 19, 2008

18 SENATOR JOSEPH A. GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT GRIFFO: The

3 Senate will come to order.

4 I ask all present to please rise

5 and join 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 to lead us in prayer we have Father Peter

11 Young, of the Mother Theresa Community here in

14 REVEREND YOUNG: Thank you,

17 O God, the builder of all things,

18 You have placed on us the obligation of toil.

19 Grant that the work that we begin here in this

20 Senate chamber may serve to better our lives

21 in New York State and, through Your goodness,

22 contribute to the spread then of all of the

23 people that are called to be Your servants.

24 God never fails to provide our

25 citizens in New York State with dedicated

1 Senators. May God pour forth His blessings on

2 our legislators and provide them with a spirit

3 of courage to accept the many demands of their

5 We ask You this, amen.

6 ACTING PRESIDENT GRIFFO: Reading

8 THE SECRETARY: In Senate,

9 Sunday, May 18, the Senate met pursuant to

10 adjournment. The Journal of Saturday, May 17,

11 was read and approved. On motion, Senate

13 ACTING PRESIDENT GRIFFO: Without

14 objection, the Journal stands approved as

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

23 Motions and resolutions.

25 SENATOR FUSCHILLO: Thank you,

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3 to call up Senate Print 3682, recalled from

4 the Assembly, which is now at the desk.

5 ACTING PRESIDENT GRIFFO: The

6 Secretary will read.

7 THE SECRETARY: Calendar Number

8 704, by Senator Lanza, Senate Print 3682, an

9 act to amend the Highway Law.

10 SENATOR FUSCHILLO: I now move to

11 reconsider the vote by which the bill was

13 ACTING PRESIDENT GRIFFO: Call

14 the roll on reconsideration.

15 (The Secretary called the roll.)

16 THE SECRETARY: Ayes, 37.

17 SENATOR FUSCHILLO: I now offer

18 the following amendments.