Regular Session - February 26, 2009

                                                            853



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   February 26, 2009

        11                      11:23 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR VELMANETTE MONTGOMERY, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        854



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

         2                  ACTING PRESIDENT MONTGOMERY:    The

         3       Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT MONTGOMERY:    In

        10       the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT MONTGOMERY:

        15       Thank you.

        16                  The reading of the Journal.

        17                  The Secretary will read.

        18                  THE SECRETARY:    In Senate,

        19       Wednesday, February 25, the Senate met

        20       pursuant to adjournment.  The Journal of

        21       Tuesday, February 24, was read and approved.

        22       On motion, Senate adjourned.

        23                  ACTING PRESIDENT MONTGOMERY:

        24       Without objection, the Journal stands approved



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        855



         1       as read.

         2                  Presentation of petitions.

         3                  Messages from the Assembly.

         4                  Messages from the Governor.

         5                  Reports of standing committees.

         6                  Reports of select committees.

         7                  Communications and reports from

         8       state officers.

         9                  Motions and resolutions.

        10                  Senator Klein.

        11                  SENATOR KLEIN:    Madam President,

        12       may we at this time adopt the Resolution

        13       Calendar in its entirety, with the exception

        14       of Resolution Number 533.

        15                  ACTING PRESIDENT MONTGOMERY:    All

        16       those in favor of adopting the Resolution

        17       Calendar in its entirety, with the exception

        18       of Resolution Number 533, please signify by

        19       saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT MONTGOMERY:

        22       Opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT MONTGOMERY:    The



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        856



         1       Resolution Calendar, with the exception of

         2       Resolution Number 533, is adopted.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Madam President,

         5       may we at this time take up Senate Resolution

         6       Number 533, which is currently at the desk.

         7       And I ask that it be read in its entirety and

         8       move for its immediate adoption.

         9                  ACTING PRESIDENT MONTGOMERY:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator

        12       Serrano, Legislative Resolution Number 533,

        13       paying tribute to the life and music of Joe

        14       Cuba, the Father of Boogaloo.

        15                  "WHEREAS, It is with great sorrow

        16       and deep regret that this Legislative Body

        17       records the passing of Joe Cuba, who died on

        18       February 15, 2009, in New York City at the age

        19       of 78; and

        20                  "WHEREAS, Joe Cuba was the most

        21       popular exponent of the boogaloo, a fused

        22       Latino and R&B rhythm that exploded onto the

        23       American Top 40 charts during the turbulent

        24       1960s and '70s; and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        857



         1                  "WHEREAS, Hits such as 'Bang Bang,'

         2       'Push Push,' 'El Pito', Arinanara,' and 'Sock

         3       It To Me Baby,' featuring vibraphones

         4       replacing the traditional brass sound, rocked

         5       the hit parades, establishing Joe Cuba and his

         6       Sextet as the definitive sound of Latin

         7       New York of the era; and

         8                  "WHEREAS, At the forefront of the

         9       Nuyorican movement of New York, where the

        10       children of Puerto Rican emigrants, America's

        11       last citizens, took music, culture, arts and

        12       politics into their own hands, Joe Cuba mixed

        13       Spanish and English in his lyrics to become an

        14       important part of the emerging Nuyorican

        15       identity; and

        16                  "WHEREAS, The first musical

        17       introduction to Latin rhythms for many

        18       American aficionados, Joe Cuba and his Sextet

        19       became popular in the New York Latino

        20       community precisely because it fused a

        21       bilingual mix of Afro-Caribbean genres blended

        22       with the popular urban rhythm and blues of its

        23       time, creating a musical marriage between the

        24       Fania and Motown sound; and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        858



         1                  "WHEREAS, Christened Gilberto

         2       Miguel Calderon by his Puerto Rican parents

         3       who arrived in New York City in the 1920s, Joe

         4       Cuba, or Sonny, as he was called by his

         5       closest friends, was born in 1931 in the heart

         6       of Spanish Harlem; and

         7                  "WHEREAS, After breaking a leg

         8       playing stickball, Joe Cuba took up playing

         9       the conga and continued to practice between

        10       school and his free time.  Eventually, he

        11       graduated from high school and joined a band;

        12       and

        13                  "WHEREAS, In 1954, the newly named

        14       Joe Cuba Sextet made its debut at the Stardust

        15       Ballroom.  Since that time, the band has been

        16       a staple of concerts and festivals that unite

        17       both Latinos, African-Americans, and just

        18       plain music lovers in venues all over the

        19       world; and

        20                  "WHEREAS, Joe Cuba is survived by

        21       his wife, Maria Calderon; sons, Mitchell and

        22       Cesar; daughter, Lisa; grandchildren Nicole

        23       and Alexis, and his legions of fans throughout

        24       the world, all of whom felt privileged to be a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        859



         1       part of his life and rejoiced in his many

         2       achievements; and

         3                  "WHEREAS, Armed with a humanistic

         4       spirit, imbued with a sense of compassion, and

         5       comforted by a loving family, Joe Cuba leaves

         6       behind a legacy which will long endure the

         7       passage of time, and his memory will remain in

         8       the hearts of all those who had the honor of

         9       knowing him; now, therefore, be it

        10                  "RESOLVED, That this Legislative

        11       Body pause in its deliberations to pay tribute

        12       to the life and music of Joe Cuba, the Father

        13       of Boogaloo; and be it further

        14                  "RESOLVED, That a copy of this

        15       resolution, suitably engrossed, be transmitted

        16       to the family of Joe Cuba."

        17                  ACTING PRESIDENT MONTGOMERY:

        18       Senator Serrano.

        19                  SENATOR SERRANO:    Thank you,

        20       Madam President.

        21                  I'm here today to memorialize the

        22       life and music of Gilberto Miguel Calderon, or

        23       Joe Cuba, as he was properly known.  Joe Cuba

        24       was an East Harlem musician whose rhythms and



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        860



         1       grooves evoked an era and redefined music

         2       forever.

         3                  Although Cuba was a talented

         4       musician who ventured into all aspects of

         5       Latin music, he is most famously remembered as

         6       the father of the boogaloo.  This diverse

         7       style of music grew from Latino traditions as

         8       well as African-American music styles.  Much

         9       like the neighborhood Joe Cuba was a product

        10       of, this musical fusion helped to redefine the

        11       emerging Nuyorican identity of the 1960s and

        12       the 1970s.

        13                  Cuba's use of both English and

        14       Spanish helped introduce Latin music to a

        15       wider audience.  National hits such as "El

        16       Pito (I'll Never Go Back to Georgia)," "Bang

        17       Bang," and "Sock It To Me Baby" were many of

        18       America's first introduction to Latin music.

        19       They still endure to this day as classics of a

        20       distinctly New York sound.  Listen to any of

        21       these songs and you'll hear the passion and

        22       joy that Joe Cuba poured into everything he

        23       did.

        24                  Joe Cuba was born in East Harlem in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        861



         1       1931 and from the beginning was every bit a

         2       part of his neighborhood.  Even after he

         3       achieved fame and traveled around the world to

         4       play for audiences, Joe Cuba always had East

         5       Harlem in his heart.

         6                  In addition to being a fixture in

         7       the community, Joe Cuba was also a friend of

         8       my father's, going back to the early days in

         9       the 1960s when my dad was starting out as a

        10       master of ceremonies at local dance clubs.

        11                  Personally, I remember hearing his

        12       infectious beats as a child growing up.  His

        13       music was always playing in Puerto Rican

        14       households.

        15                  Joe Cuba passed away on Sunday,

        16       February 15th, at Mount Sinai Hospital in the

        17       East Harlem that he loved so much.  He is

        18       survived by his wife Maria, sons Mitchell and

        19       Cesar, daughter Lisa, and grandchildren Nicole

        20       and Alexis.  My deepest and most heartfelt

        21       condolences go out to his family at this

        22       difficult time.

        23                  And I want to thank all my

        24       colleagues in advance for supporting this



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        862



         1       resolution.

         2                  Thank you, Madam Chair.

         3                  ACTING PRESIDENT MONTGOMERY:    Are

         4       there any other Senators who would like to

         5       speak on this resolution?

         6                  Senator Perkins.

         7                  SENATOR PERKINS:    Thank you very

         8       much.

         9                  I want to first commend my

        10       colleague Senator Serrano for this resolution

        11       of a great New Yorker from El Barrio, again,

        12       whose influence went beyond his Latin roots

        13       and has impacted so many of us not only in the

        14       New York City area but throughout really the

        15       country and maybe even the world in terms of

        16       the music and what he represented.

        17                  I had the privilege of knowing of

        18       him, since part of my roots are in that

        19       community, and I took the opportunity to

        20       prepare a proclamation to present to his

        21       family at the funeral.  And I just wanted to

        22       read a little bit of that for the record

        23       because it represents, I think, again, the

        24       broader influence that he has had for so many



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        863



         1       of us:

         2                  "WHEREAS, A great state is only as

         3       great as those individuals who perform

         4       exemplary service on behalf of their

         5       community, whether through unique achievement

         6       in professional or other endeavors or simply

         7       through a lifetime of good citizenship; and

         8                  "WHEREAS, A figure in the musical

         9       scene since the early 1950s, Gilberto Miguel

        10       Calderon, who came to be known as 'Joe Cuba,'

        11       carved a niche in the history of

        12       New York-based Hispanic dance music with an

        13       innovative and simple musical formula based on

        14       a rhythmic sextet; and

        15                  "WHEREAS, Joe Cuba's humble

        16       beginnings were of a East Harlem-born

        17       stickball player who was not one of the best

        18       conga players ever but managed to use what he

        19       had to gain musical divinity as the Father of

        20       Latin boogaloo, a mix of rhythm and blues; and

        21                  "WHEREAS, As band leader, composer

        22       and performer, Joe Cuba early on showed clear

        23       signs of what would later become salient

        24       features of salsa, popularizing the use of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        864



         1       English lyrics within a rough and

         2       hard-charging percussive musical milieu that

         3       enamored audiences; and

         4                  "WHEREAS, Joe Cuba's true claim to

         5       fame came in the 1960s, when the New York

         6       music scene was in the throes of a

         7       transitional period after the Big Band mambo

         8       era gave way to sundry musical expressions,

         9       during which time his sextet figured

        10       prominently with hits such as 'Sock It To Me

        11       Baby,' 'El Pito,' and 'Bang Bang'; and

        12                  "WHEREAS, Joe Cuba attained immense

        13       popularity by remaining true to his East

        14       Harlem roots, giving expression to what he

        15       knew best, 'El Barrio'; and

        16                  "WHEREAS, The majority of Latin

        17       orchestras of the era relied on Big Band

        18       sounds, Joe Cuba's sound was defined by a

        19       driving rhythm and cool melody, synonymous

        20       with 'Paris de marquesina,' or the house

        21       garage parties of the 1960s and 1970s in

        22       Puerto Rico; and

        23                  "WHEREAS, There can be no question

        24       that Joe Cuba lived his dream, utilizing his



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        865



         1       extraordinary talents to enrich the lives of

         2       countless others; and

         3                  "WHEREAS, Family, friends and fans

         4       of Joe Cuba have gathered on February 20,

         5       2009, to celebrate his life and life's work;

         6       now, therefore, be it

         7                  "RESOLVED, that I, State Senator

         8       Bill Perkins -- and this body, I would hope --

         9       recognize that in Joe Cuba we have an

        10       individual worthy of our highest respect and

        11       esteem; and be it further

        12                  "RESOLVED, That a copy of this

        13       proclamation be transmitted to the family of

        14       Gilberto Miguel Calderon during the funeral

        15       services."

        16                  Thank you.

        17                  ACTING PRESIDENT MONTGOMERY:

        18       Thank you, Senator Perkins.

        19                  Are there any other Senators that

        20       wish to speak on this resolution?

        21                  The question is on the resolution.

        22       All in favor please signify by saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT MONTGOMERY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        866



         1       Opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT MONTGOMERY:    The

         4       resolution is adopted.

         5                  The sponsor of this resolution has

         6       opened this for multisponsorship by the entire

         7       house.  Any member wishing not to be a

         8       multisponsor should so inform the front desk.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Madam President,

        11       at this time can we please go to the

        12       noncontroversial reading of Senate Calendar

        13       Number 11.

        14                  ACTING PRESIDENT MONTGOMERY:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       34, by Senator Addabbo, Senate Print 1057, an

        18       act to amend the Election Law, in relation to

        19       affidavit ballots.

        20                  SENATOR LIBOUS:    Lay it aside,

        21       please.

        22                  ACTING PRESIDENT MONTGOMERY:    The

        23       bill is laid aside.

        24                  The Secretary will continue to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        867



         1       read.

         2                  THE SECRETARY:    Calendar Number

         3       35, by Senator Addabbo, Senate Print 1062, an

         4       act to amend the Election Law, in relation to

         5       making mail registration forms available.

         6                  SENATOR LIBOUS:    Lay it aside,

         7       please.

         8                  ACTING PRESIDENT MONTGOMERY:    The

         9       bill is laid aside.

        10                  The Secretary will continue to

        11       read.

        12                  THE SECRETARY:    Calendar Number

        13       36, by Senator Dilan, Senate Print 1366, an

        14       act to amend the Election Law, in relation to

        15       independent nominating petitions.

        16                  ACTING PRESIDENT MONTGOMERY:

        17       Read the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MONTGOMERY:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  ACTING PRESIDENT MONTGOMERY:

        24       Announce the results.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        868



         1                  THE SECRETARY:    Ayes, 58.  Nays,

         2       1.  Senator Morahan recorded in the negative.

         3                  ACTING PRESIDENT MONTGOMERY:    The

         4       bill is passed.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       37, by Senator Dilan, Senate Print 1554, an

         9       act to amend the Election Law, in relation to

        10       counting of affidavit ballots.

        11                  SENATOR LIBOUS:    Lay it aside,

        12       please.

        13                  ACTING PRESIDENT MONTGOMERY:    The

        14       bill is laid aside.

        15                  Senator Klein, that completes the

        16       noncontroversial reading of the calendar.

        17                  SENATOR KLEIN:    Madam President,

        18       at this time can we please move to the

        19       controversial reading of the calendar.

        20                  ACTING PRESIDENT MONTGOMERY:    The

        21       Secretary will please ring the bells.

        22                  Members are asked to come into the

        23       chamber, if you will, please, for the

        24       controversial reading of today's calendar.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        869



         1                  The Secretary will read.

         2                  THE SECRETARY:    Calendar Number

         3       34, by Senator Addabbo, Senate Print 1057, an

         4       act to amend the Election Law.

         5                  SENATOR SALAND:    Explanation,

         6       please.

         7                  ACTING PRESIDENT MONTGOMERY:

         8       Senator Addabbo, an explanation has been

         9       requested by Senator Saland.

        10                  SENATOR ADDABBO:    Madam

        11       President, on which bill?  I'm sorry.

        12                  ACTING PRESIDENT MONTGOMERY:

        13       Calendar Number 34, Senate Print 1057.

        14                  SENATOR ADDABBO:    On this bill,

        15       Madam President, what we are doing is simply

        16       codifying what is already done in many of our

        17       counties with affidavit ballots.

        18                  Many of our counties already have a

        19       registration form and information for

        20       registration forms already on their affidavit

        21       ballots.  So since counties are already doing

        22       it, what we're doing here at this point is

        23       just codifying what's already been done.

        24                  ACTING PRESIDENT MONTGOMERY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        870



         1       Senator Saland.

         2                  SENATOR SALAND:    Thank you, Madam

         3       President.

         4                  Senator Addabbo, when you say

         5       codifying what has already been done -- I'm

         6       being counseled "through the chair."  I

         7       apologize.

         8                  Madam President, will Senator

         9       Addabbo yield?

        10                  ACTING PRESIDENT MONTGOMERY:    Are

        11       you requesting Senator Addabbo to yield to a

        12       question?

        13                  SENATOR SALAND:    Yes, I am.

        14                  ACTING PRESIDENT MONTGOMERY:

        15       Senator Addabbo, do you yield?

        16                  SENATOR ADDABBO:    Yes, Madam

        17       President.

        18                  ACTING PRESIDENT MONTGOMERY:    Go

        19       ahead.

        20                  SENATOR SALAND:    I think you had

        21       said merely codifying a practice that's

        22       occurring in some counties.  To the extent to

        23       which this practice is occurring in such

        24       counties, this codification would in no way,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        871



         1       shape or form change the current law with

         2       regard to same-day registration, would it?

         3                  SENATOR ADDABBO:    No.  Not to my

         4       knowledge, no.

         5                  SENATOR SALAND:    Thank you.

         6                  Thank you, Madam President.

         7                  ACTING PRESIDENT MONTGOMERY:

         8       Thank you, Senator Saland.

         9                  Senator Perkins.

        10                  SENATOR PERKINS:    I wanted to

        11       speak on the bill, if I may.

        12                  ACTING PRESIDENT MONTGOMERY:

        13       Senator Perkins, on the bill.

        14                  SENATOR PERKINS:    You know, this

        15       is a great piece of legislation, and I want to

        16       commend the sponsor for moving this forward.

        17                  You know, very often there are

        18       problems at polling sites where affidavit

        19       ballots become necessary to guarantee the

        20       opportunity for people who need to be counted

        21       to actually be counted.  And in the event

        22       sometimes that that person's ballot is not

        23       there or they may not be registered, this

        24       offers them the opportunity to get registered.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        872



         1                  And this is important because we

         2       want to make sure as many folks are registered

         3       to vote as possible.  And this affidavit, as

         4       the affidavit on the actual application, gives

         5       us some assurance that this individual is a

         6       legitimate possible voter and therefore can be

         7       processed and able to vote in future

         8       elections.

         9                  And it avoids some of the

        10       frustration and cynicism that people have

        11       about the process when in fact they want to

        12       participate, are legitimately entitled to

        13       participate, but are frustrated because for

        14       some reason their registration has not been

        15       counted.  So this allows them for future

        16       elections surely to be counted.

        17                  So I think this is great.  I think

        18       it will encourage people to want to

        19       participate in our democracy and relieve us of

        20       some of the cynicism that sometimes people

        21       have about the process.

        22                  So thank you so much.  I'm going to

        23       support this legislation.

        24                  ACTING PRESIDENT MONTGOMERY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        873



         1       Thank you, Senator Perkins.

         2                  Are there any other Senators

         3       wishing to be heard on this bill?

         4                  Hearing none, the debate is closed.

         5                  The Secretary will ring the bells.

         6                  Read the last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MONTGOMERY:

        10       Call the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT MONTGOMERY:

        13       Senator Marcellino, to explain his vote.

        14                  SENATOR MARCELLINO:    Yes, Madam

        15       President, to explain my vote.

        16                  I am going to vote for this bill.

        17       I think it's a good idea, as long as we have

        18       the assurance -- and I heard Senator Addabbo

        19       say it -- that this bill does not constitute

        20       same-day registration.

        21                  For future elections, fine.  Not

        22       same-day registration.  That was the question

        23       that was asked, and it was answered in that

        24       manner.  I accept the Senator's answer.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        874



         1                  And I would vote aye on that bill

         2       on that proviso, that this does not constitute

         3       same-day registration.

         4                  ACTING PRESIDENT MONTGOMERY:

         5       Senator DeFrancisco, to explain his vote.

         6                  SENATOR DeFRANCISCO:    Yes.

         7       There's something that just doesn't ring true

         8       with this bill, and let me try to explain.

         9       Actually, my counsel, Senator Owen Johnson,

        10       brought it to my attention, and I hadn't

        11       thought about it until after the debate was

        12       closed.

        13                  But apparently if this bill goes

        14       into effect -- and apparently in some

        15       jurisdictions it's already happening, where

        16       the registration form is there -- it seems

        17       somewhat contradictory that someone is signing

        18       an affidavit saying they're registered to vote

        19       and therefore want their vote counted for this

        20       particular election, and then completing a

        21       voter registration form.

        22                  You can't be in two different --

        23       you're either registered or you're not.  And

        24       if you are, then you can vote by the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        875



         1       affidavit.  If you're not, then you should

         2       register.  But by doing the same thing on the

         3       same day, something just doesn't sit right.

         4                  And I'm all for the idea of having

         5       registration forms available as often as you

         6       can, but it might result, I think, in some

         7       situations where the affidavit ballot might

         8       possibly be contested if some individuals on

         9       the same day say something contradictory;

        10       namely, that we want to register to vote too

        11       today.

        12                  So I'll vote yes, assuming that

        13       everybody else understands this better than I

        14       do and that this is not a problem.  But I

        15       think it's a potential problem as far as

        16       counting affidavit ballots at a later date,

        17       because the person that day is doing two

        18       contrary things.

        19                  Thank you.

        20                  ACTING PRESIDENT MONTGOMERY:

        21       Thank you.

        22                  Announce the results.

        23                  THE SECRETARY:    In relation to

        24       Calendar Number 34, recorded in the negative:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        876



         1       Senator Flanagan.

         2                  Absent from voting:  Senators

         3       Alesi, Farley, Larkin and Seward.

         4                  Excused, Senators Hannon and

         5       Winner.

         6                  Ayes, 55.  Nays, 1.

         7                  ACTING PRESIDENT MONTGOMERY:    The

         8       bill is passed.

         9                  (Applause.)

        10                  ACTING PRESIDENT MONTGOMERY:

        11       Congratulations, Senator Addabbo.

        12                  The Secretary will continue to

        13       read.

        14                  THE SECRETARY:     Calendar Number

        15       35, by Senator Addabbo, Senate Print 1062, an

        16       act to amend the Election Law, in relation to

        17       making mail registration forms available.

        18                  ACTING PRESIDENT MONTGOMERY:

        19       Senator Saland.

        20                  SENATOR SALAND:    Will Senator

        21       Addabbo yield, Madam President?

        22                  SENATOR LIBOUS:    Explanation.

        23                  ACTING PRESIDENT MONTGOMERY:

        24       Senator Addabbo, will you yield for a question



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        877



         1       from Senator Saland?

         2                  SENATOR LIBOUS:    Explanation.

         3                  SENATOR SALAND:    I'm sorry, an

         4       explanation has been asked for.  Would you

         5       provide -- my apologies.  I hear a request for

         6       an explanation, and then I'll ask my question.

         7       Thank you.

         8                  SENATOR ADDABBO:    Sure.

         9                  Madam President, here on 1062 we're

        10       just encouraging the facilitating of the

        11       accessibility of registration forms.  That's

        12       merely what this bill does.

        13                  Again, what it does is make more

        14       specific or more detailed what is already

        15       being done in practice.  So basically we're

        16       just facilitating accessibility for

        17       registration forms.

        18                  ACTING PRESIDENT MONTGOMERY:

        19       Senator Saland.

        20                  SENATOR SALAND:    Thank you, Madam

        21       President.  Would Senator Addabbo yield?

        22                  ACTING PRESIDENT MONTGOMERY:

        23       Senator Addabbo, will you yield for a question

        24       from Senator Saland?



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        878



         1                  SENATOR ADDABBO:    Yes, Madam

         2       President.

         3                  SENATOR SALAND:    Senator Addabbo,

         4       I'm looking at the language beginning on

         5       line 9 and running through lines 12 and 13.

         6       And what you say in your bill is that each

         7       county Board of Elections shall make

         8       application forms available to the public

         9       through distribution to federal, state and

        10       local government buildings.

        11                  Assuming for the moment that our

        12       friends in federal government will take, for

        13       this very laudable purpose, our forms.  I

        14       would assume that will not present too much of

        15       a problem.

        16                  However, you define among your

        17       buildings "including but not limited to

        18       banks."  And I'm not sure that a bank is

        19       either a federal, state or local governmental

        20       building.

        21                  SENATOR ADDABBO:    Not yet.

        22                  (Laughter.)

        23                  SENATOR SALAND:    You must be

        24       prescient.  You must know something that --



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        879



         1                  SENATOR ADDABBO:    We're being

         2       slightly ahead of the curve here, Senator

         3       Saland.

         4                  (Laughter.)

         5                  SENATOR SALAND:    That being the

         6       case, will we put this bill aside until we see

         7       whether the banks are nationalized?

         8                  SENATOR ADDABBO:    Well, the

         9       reason -- and respectfully, it does say "may,"

        10       that it may include banks.  If we even take

        11       the word "bank" out, if we don't choose to do

        12       banks since it's not today considered a

        13       federal or governmental building, we don't

        14       have to do it.  It's not requiring banks, it's

        15       may include banks.

        16                  SENATOR SALAND:    If the Senator

        17       will continue to yield, Madam President.

        18                  ACTING PRESIDENT MONTGOMERY:

        19       Will you continue to yield, Senator Addabbo?

        20                  SENATOR ADDABBO:    Oh, yes, Madam

        21       President.

        22                  SENATOR SALAND:    Thank you,

        23       Senator Addabbo.

        24                  I'm merely pointing out the



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        880



         1       inconsistency between governmental buildings

         2       of whatever level, federal, state or local,

         3       and the inclusion of what is currently -- and

         4       perhaps somewhere down the road, this will not

         5       be case -- but what is currently a private

         6       institution.  And it would seem to me that

         7       that inconsistency should be remedied.

         8                  I certainly in no way, shape or

         9       form oppose what you're attempting to do here.

        10       But I think this bill would be more

        11       appropriate and certainly more tightly drafted

        12       if we just took out the reference to banks.

        13                  SENATOR ADDABBO:    Like I said,

        14       Senator Saland, it's a good point, a point

        15       well-noted.

        16                  The fact that the word specifically

        17       "may" is in there, I would say that banks,

        18       even though they are not considered

        19       governmental buildings at this point, again,

        20       because the word "may" is in there, the

        21       requirement of giving registration forms to

        22       banks is not there.  The requirement is not

        23       there.  But if they were to appear in banks, I

        24       think we'd all appreciate that as well.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        881



         1                  SENATOR SALAND:    Thank you,

         2       Senator.

         3                  SENATOR ADDABBO:    Thank you.

         4                  ACTING PRESIDENT MONTGOMERY:

         5       Senator Fuschillo.

         6                  SENATOR FUSCHILLO:    Madam

         7       President, will the sponsor just yield for a

         8       quick question?

         9                  ACTING PRESIDENT MONTGOMERY:

        10       Senator Addabbo, will you yield for a question

        11       from Senator Fuschillo?

        12                  SENATOR ADDABBO:    Yes.

        13                  SENATOR FUSCHILLO:    Senator, I

        14       agree with the intent to get the registration

        15       forms out as widely and publicly as possible.

        16       Just a quick question.  How will the county

        17       Board of Elections get these forms to these

        18       institutions that you're suggesting they get

        19       them to?

        20                  SENATOR ADDABBO:    There could be

        21       a myriad of ways, Senator.

        22                  Obviously we could use mail.  And

        23       there is no time requirement here, so when

        24       their budget appropriates enough, they can get



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        882



         1       it out there.

         2                  It certainly could be done in a

         3       more feasible and maybe more reduced-cost

         4       manner, like personal delivery too, if that is

         5       feasible.

         6                  SENATOR FUSCHILLO:    Madam

         7       President, through you, just one final

         8       question, if the Senator will yield.

         9                  ACTING PRESIDENT MONTGOMERY:

        10       Senator Addabbo, do you agree to continue to

        11       yield to another question?

        12                  SENATOR ADDABBO:    Yes, Madam

        13       President.

        14                  SENATOR FUSCHILLO:    So there's no

        15       appropriation tied to this bill to help the

        16       counties achieve your goal?

        17                  SENATOR ADDABBO:    Only because,

        18       again, they're not required in time.  We never

        19       said that they have to do it within six

        20       months, eight months, or what have you.

        21                  When their budget appears that it's

        22       able to be done so, then obviously they could

        23       do it by mail if they choose to.  If their

        24       budget does not permit them to, there are,



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        883



         1       again, cheaper effective ways to do it.

         2                  SENATOR FUSCHILLO:    Madam

         3       President, through you, will the sponsor yield

         4       for one final question?

         5                  ACTING PRESIDENT MONTGOMERY:

         6       Will you yield for a final question?

         7                  SENATOR ADDABBO:    Yes, Madam

         8       President.

         9                  SENATOR FUSCHILLO:    So, Senator,

        10       so they really don't have to do what you're

        11       asking them to do?

        12                  SENATOR ADDABBO:    They do it

        13       already.

        14                  SENATOR FUSCHILLO:    No, but -- I

        15       understand what they do.  So is this piece of

        16       legislation that we want to vote on to make

        17       law just a suggestion to them that's law?

        18                  SENATOR ADDABBO:    Madam

        19       President, what this bill does is just make

        20       more specific where we are suggesting these

        21       registration forms be.

        22                  I don't think anybody will argue

        23       that we need to have better accessibility to

        24       those registration forms.  As I go into many



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        884



         1       governmental offices and buildings, the

         2       registration forms should be there, and

         3       they're not.  I don't think anybody would

         4       argue about accessibility to registration

         5       forms.

         6                  SENATOR FUSCHILLO:    Madam

         7       President, through you.  Senator, thank you

         8       very much.

         9                  Madam President, on the bill.

        10                  ACTING PRESIDENT MONTGOMERY:

        11       Yes, on the bill, Senator Fuschillo.

        12                  SENATOR FUSCHILLO:    It greatly

        13       concerns me that we're dealing with a piece of

        14       legislation and we're writing a law that is

        15       just a suggestion now and really has no impact

        16       at all on anything.

        17                  But it further concerns me that in

        18       these economic times we are still suggesting

        19       to local municipalities that have no money,

        20       that are in deficits throughout this state,

        21       that we're asking them to achieve a goal of

        22       just a suggestion which essentially is an

        23       unfunded mandate.

        24                  Thank you very much.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        885



         1                  ACTING PRESIDENT MONTGOMERY:

         2       Thank you.

         3                  Are there any other Senators

         4       wishing to speak?

         5                  Senator Griffo.

         6                  SENATOR GRIFFO:    Thank you.

         7       Would the sponsor yield?

         8                  ACTING PRESIDENT MONTGOMERY:

         9       Senator Addabbo, do you agree to yield to a

        10       question?

        11                  SENATOR ADDABBO:    Yes, Madam

        12       President.

        13                  ACTING PRESIDENT MONTGOMERY:

        14       Senator Griffo.

        15                  SENATOR GRIFFO:    Madam President,

        16       through you.  Senator Addabbo, it says post

        17       office here.  Now, that would be a federal

        18       building.  And under federal law, they would

        19       not be subjected to state law.  So was there

        20       any contact made?  Or how would we conduct

        21       that?

        22                  SENATOR ADDABBO:    No, Senator --

        23       through you, Madam President -- we can only be

        24       hopeful.  Obviously, again, this is a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        886



         1       suggestion.  It says "may."  It's a

         2       suggestion.  Many of our post offices already

         3       have them there.  This is just merely

         4       suggesting.  We are obviously promoting also

         5       state and local government offices, like DMV

         6       and others.

         7                  So therefore, it is a suggestion.

         8       But again, what we're doing here is codifying

         9       in a more specific manner what offices may be

        10       included.

        11                  SENATOR GRIFFO:    Madam President,

        12       through you, would the sponsor yield for one

        13       additional question?

        14                  ACTING PRESIDENT MONTGOMERY:

        15       Senator Addabbo, will you continue to yield?

        16                  SENATOR ADDABBO:    Yes, Madam

        17       President.

        18                  SENATOR GRIFFO:    Through you,

        19       Madam President.  Senator Addabbo, I'm a

        20       former county executive, so I know how

        21       difficult it was when we're dealing with state

        22       requirements and mandates.

        23                  Was there any effort made to

        24       connect with the New York State Association of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        887



         1       Counties to discuss with them what this could

         2       mean and how they would do this?

         3                  SENATOR ADDABBO:    No, Senator,

         4       not at this point.

         5                  That's why I would like to use, as

         6       chair of the Elections Committee, oversight

         7       somewhere down the line in the near future, to

         8       see how this gets implemented.  And,

         9       obviously, hopefully seeing that it's

        10       implemented in an efficient way.

        11                  SENATOR GRIFFO:    Thank you.

        12                  ACTING PRESIDENT MONTGOMERY:

        13       Thank you.

        14                  Are there any other Senators

        15       wishing to speak on this legislation?

        16                  The debate is closed.

        17                  The Secretary will ring the bells.

        18                  Read the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT MONTGOMERY:

        22       Call the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT MONTGOMERY:



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        888



         1       Senator Adams, to explain his vote.

         2                  SENATOR ADAMS:    Thank you, Madam

         3       President, to explain my vote.

         4                  I think this is an important piece

         5       of legislation, and I want to commend Senator

         6       Addabbo.

         7                  When you look at even moving

         8       polling sites to locations with the elderly,

         9       with the handicapped, often you will find

        10       voter registration forms only in the Board of

        11       Elections in many of our communities.

        12                  I believe in making this accessible

        13       to those who can go into these various

        14       locations that they're familiar with.  Many of

        15       us, we are used to walking into governmental

        16       buildings.  But to the average New Yorker,

        17       it's intimidating.  But if they can go into

        18       familiar surroundings, some of the locations

        19       that were listed here, it makes it easier.

        20                  We need a better participation in

        21       elections.  We have a lack of participation.

        22       And I believe part of that erosive behavior is

        23       because many people are intimidated by the

        24       process of going in and registering to vote.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        889



         1                  This makes it easier, and I commend

         2       Senator Addabbo on this piece of legislation.

         3                  I'll be voting aye.

         4                  ACTING PRESIDENT MONTGOMERY:

         5       Senator Liz Krueger, to explain her vote.

         6                  SENATOR LIZ KRUEGER:    Thank you,

         7       Madam President.

         8                  I also want to thank the sponsor

         9       for sponsoring the bill and bringing it to all

        10       our attention today.

        11                  But I also want to go on the record

        12       about some concerns that were raised by

        13       Senator Fuschillo and others of the cost of

        14       moving these ballots around.

        15                  The federal Motor Voter Act already

        16       requires some of this, most of this to be

        17       done.  So this is just codifying our

        18       commitment to ensuring that people have the

        19       ability to get voter registration forms.

        20                  And because of the federal Motor

        21       Voter Act, we in fact already print and mail

        22       to the counties the ballots.  And so while

        23       there is arguably some additional

        24       responsibility by the county Board of



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        890



         1       Elections to get these distributed through

         2       their counties, this is a federal mandate that

         3       we should be overjoyed to work with and

         4       cooperate with.  Because what is more

         5       important than ensuring that every New Yorker

         6       has the ability to vote?

         7                  And of course we know that our

         8       voter turnout is still too low, and I believe

         9       that this bill is going to go a significant

        10       way to assisting people to register to vote

        11       and encourage and educate them to vote.  So

        12       thank you very much.

        13                  ACTING PRESIDENT MONTGOMERY:

        14       Thank you.

        15                  Senator Marcellino, to explain his

        16       vote.

        17                  SENATOR MARCELLINO:    Madam

        18       President, to explain my vote.

        19                  I understand and I will vote aye on

        20       this bill because I agree with the intent and

        21       I agree with getting as many people registered

        22       to vote as we possibly can.  But I am not sure

        23       that this bill does what the Senator would

        24       like it to do.



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        891



         1                  It says you shall make application

         2       forms available.  I agree with Senator Krueger

         3       that it's a mandate by the federal government

         4       that we should be doing that, we must do that.

         5       It says you shall make them available in local

         6       governments, state and federal buildings.

         7                  And then, later on, it says such

         8       buildings may include but not be limited to,

         9       and then it lists a whole bunch of state and

        10       federal and local buildings.

        11                  So do they have to or they don't

        12       have to?  In one part it says you have to, and

        13       in another part it says you may not if you

        14       choose not to.  So I'm really not sure that

        15       we're going to accomplish anything by this.

        16                  But I think the intent is a good

        17       one, and perhaps you might look at an

        18       amendment later on and clarify this, because

        19       it is ambiguous at best.

        20                  Thank you.  I vote aye.

        21                  ACTING PRESIDENT MONTGOMERY:

        22       Thank you.

        23                  Announce the results.

        24                  THE SECRETARY:    In relation to



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        892



         1       Calendar Number 35, absent from voting are

         2       Senators Alesi, Espada, Farley, Larkin and

         3       Seward.

         4                  Excused:  Senators Hannon and

         5       Winner.

         6                  Ayes, 55.  Nays, 0.

         7                  ACTING PRESIDENT MONTGOMERY:    The

         8       bill is passed.

         9                  The Secretary will continue to

        10       read.

        11                  THE SECRETARY:    Calendar Number

        12       37, by Senator Dilan, Senate Print 1554, an

        13       act to amend the Election Law.

        14                  SENATOR LIBOUS:    Explanation.

        15                  SENATOR KLEIN:    Madam President,

        16       can we lay the bill aside for the day.

        17                  ACTING PRESIDENT MONTGOMERY:    The

        18       bill is laid aside for the day.

        19                  Senator Klein, that completes the

        20       controversial reading of the calendar.

        21                  May we have some order.

        22                  Senator Klein.

        23                  SENATOR KLEIN:    Madam President,

        24       can we please recognize Senator Perkins for a



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        893



         1       brief announcement.

         2                  ACTING PRESIDENT MONTGOMERY:

         3       Senator Perkins.

         4                  SENATOR PERKINS:    Thank you,

         5       Senator Klein and Madam President.

         6                  I wanted to take a quick moment of

         7       my colleagues' time to inform them of a great

         8       New Yorker from the City of New York who has

         9       passed.  His name is Wilbert "Bill" Tatum.

        10                  Some of you may know him as the

        11       publisher emeritus of the Amsterdam News, one

        12       of the leading newspapers in our community

        13       that has a long tradition, from the days of

        14       Frederick Douglass, practically, when he

        15       started The North Star and started this whole

        16       tradition of radical, liberation-oriented

        17       newspapers.

        18                  And so he recently passed, just

        19       yesterday, and I wanted to ask my colleagues

        20       to take a moment of silence in memory of the

        21       wonderful work that he has done over so many

        22       years in resurrecting that newspaper and

        23       making it relevant not only to people in the

        24       Harlems of our city but to the city in



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        894



         1       general.

         2                  So I'd just ask for a moment of

         3       silence.

         4                  ACTING PRESIDENT MONTGOMERY:    Can

         5       we have a moment of silence, at the request of

         6       Senator Perkins, in memory of Wilbert "Bill"

         7       Tatum.

         8                  (Whereupon, the assemblage

         9       respected a moment of silence.)

        10                  ACTING PRESIDENT MONTGOMERY:

        11       Thank you, members.  Thank you, Senator

        12       Perkins.

        13                  Senator Klein.

        14                  SENATOR KLEIN:    Madam President,

        15       is there any further business at the desk?

        16                  ACTING PRESIDENT MONTGOMERY:    The

        17       desk is clear.

        18                  SENATOR KLEIN:    There being none,

        19       I move we stand adjourned until Monday,

        20       March 2nd, at 3:00 p.m.  Intervening days will

        21       be legislative days.

        22                  ACTING PRESIDENT MONTGOMERY:

        23       There being no further business to come before

        24       the Senate, on motion, the Senate stands



                      Candyco Transcription Service, Inc.
                                (518) 371-8910
                                                        895



         1       adjourned until Monday, March 2nd, at

         2       3:00 p.m., intervening days being legislative

         3       days.

         4                  (Whereupon, at 12:06 p.m., the

         5       Senate adjourned.)

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24



                      Candyco Transcription Service, Inc.
                                (518) 371-8910