Regular Session - May 20, 1998
3530
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8 ALBANY, NEW YORK
9 May 20, 1998
10 11:04 a.m.
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13 REGULAR SESSION
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15
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17 SENATOR RAYMOND A. MEIER, Acting President
18 STEVEN M. BOGGESS, Secretary
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3531
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order. I ask everyone
4 present to please rise and repeat with me the
5 Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence, I ask that we bow
9 our heads in a moment of silence.
10 (A moment of silence was
11 observed.)
12 Reading of the Journal.
13 ACTING PRESIDENT MEIER:
14 THE SECRETARY: In Senate,
15 Tuesday, May 19th. The Senate met pursuant to
16 adjournment, Senator Kuhl in the Chair upon
17 designation of the Temporary President. The
18 Journal of Monday, May 18th, was read and
19 approved. On motion, the Senate adjourned.
20 ACTING PRESIDENT MEIER: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
3532
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Fuschillo.
6 SENATOR FUSCHILLO: Mr. President,
7 on page number 68, I offer the following
8 amendments to Calendar Number 1161, Senate Print
9 Number 5583-A, and ask that that the bill retain
10 its place on the Third Reading Calendar.
11 ACTING PRESIDENT MEIER: The
12 amendments are received. The bill will retain
13 its place on the Third Reading Calendar.
14 Senator Skelos.
15 SENATOR SKELOS: Are there any
16 substitutions to be made?
17 ACTING PRESIDENT MEIER: Not at
18 this time, Senator Skelos, no.
19 SENATOR SKELOS: I believe there's
20 a privileged resolution at the desk by Senator
21 Nozzolio. May we please have the title read and
22 move for its immediate adoption.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read the title.
25 THE SECRETARY: By Senator
3533
1 Nozzolio, Legislative Resolution 3549,
commending
2 the village of Waterloo, New York, as the
3 federally designated birth place of Memorial
Day.
4 ACTING PRESIDENT MEIER: The
5 question is on the resolution. All in favor
6 signify by saying aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 The resolution is adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 would you please take up the non-controversial
14 calendar.
15 ACTING PRESIDENT MEIER: The
16 Secretary will read the non-controversial
17 calendar.
18 THE SECRETARY: Calendar Number 4,
19 by Senator Libous, Senate Print 3887-a, an act
to
20 amend the Mental Hygiene Law, in relation to
21 investigations.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3534
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 37.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 130, by Senator Larkin, Senate Print 2305-A, an
9 act to amend the Real Property Tax Law, in
10 relation to subjecting certain state lands.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 37.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 137, by Senator Balboni, Senate Print 337-A, an
23 act to amend the Penal Law, in relation to
24 establishing the crime of endangering the
welfare
25 of a vulnerable elderly person.
3535
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect November 1.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 38.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 242, by Senator Leibell, Senate Print 3930-B, an
13 act to amend the Private Housing Finance Law, in
14 relation to participation.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 38.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3536
1 253, by Senator Leibell, Senate Print 6152-A, an
2 act to amend the Private Housing Finance Law, in
3 relation to affordable housing loans.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 38.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 264, by Senator Saland, Senate Print 680-B, an
16 act to amend the Public Health Law, the Tax Law
17 and the State Finance Law, in relation to the
18 Alzheimer's Research Fund.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section -
22 SENATOR LEICHTER: Lay the bill
23 aside.
24 ACTING PRESIDENT MEIER: Lay the
25 bill aside.
3537
1 THE SECRETARY: Calendar Number
2 320, by Senator Holland, Senate Print 3029-A, an
3 act to create the Piermont Library District in a
4 portion of the town of Orangetown.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 8. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 38.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 338, by Senator DeFrancisco, Senate Print
4117-A,
17 an act to amend the Navigation Law, in he
18 relation to equipment.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3538
1 THE SECRETARY: Ayes 38.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 472, by Senator Libous, Senate Print 1951-A, an
6 act to amend the County Law, in relation to
7 establishing the Chenango County Emergency
8 Communications Systems.
9 ACTING PRESIDENT MEIER: There is
10 a home rule message at the desk. Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first day of
14 January.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 38.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 476, by Senator Libous, Senate Print 6146, an
act
23 to amend the County Law, in relation to
24 authorizing the county of Tioga.
25 ACTING PRESIDENT MEIER: There's a
3539
1 home rule message at the desk. Read the last
2 section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 40.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 531, by Senator Maziarz, Senate Print 4049-A, an
13 act to amend the Real Property Tax Law, in
14 relation to partial payments.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 40.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3540
1 568, by Senator Skelos, Senate Print 4115-A, an
2 act to amend the Public Health Law and the
Social
3 Services Law, in relation to instituting.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT MEIER: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 570, by Senator Lack, Senate Print 2374-B, an
act
11 to amend the Parks, Recreation and Historic
12 Preservation Law, in relation to establishing.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 40.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 571, by Senator Marcellino, Senate Print 6132-A,
25 an act to amend the Parks, Recreation and
3541
1 Historic Preservation Law, in relation to the
2 display of the POW/MIA recognition flag.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 40.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 634, by Senator Cook, Senate Print 6278, an act
15 to amend the Town Law, in relation to the
16 settlement of claims.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect -
21 SENATOR DOLLINGER: Lay it aside.
22 ACTING PRESIDENT MEIER: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 635, by Senator LaValle, Senate Print 6315, an
3542
1 act authorizing the village of Greenport to
2 convey certain parklands.
3 ACTING PRESIDENT MEIER: There is
4 a home rule message at the desk. Read the last
5 section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 40.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 639, by Senator Spano, Senate Print 6547, an act
16 to amend the County Law, in relation to the
17 jurisdiction of a coroner or medical examiner.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 40.
3543
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 640, by Senator Skelos, Senate Print 6590, an
act
5 authorizing the assessor of the county of Nassau
6 to accept an application.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 43, nays 2,
15 Senators Cook and Dollinger recorded in the
16 negative.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 641, by Senator Rath, Senate Print 6746, an act
21 to amend the Real Property Tax Law, in relation
22 to making technical and clarifying amendments
23 thereto.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
3544
1 THE SECRETARY: Section 8. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 49.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 653, by Senator Wright, Senate Print 6450-A, an
11 act to amend the Penal Law, in relation to
12 including possession of an automated teller
13 machine card.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first day of
18 November.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 49.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3545
1 671, by member of the Assembly Eve, Assembly
2 Print 10031, an act to amend the State Finance
3 Law, in relation to payment of emergency
4 financial aid.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 49.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 753, by Senator Lack, Senate Print 6583, an act
17 to amend the Judiciary Law, in relation to
18 juror's waiver of allowance.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3546
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 776, by Senator Wright, Senate Print 6879, an
act
6 to amend Chapter 640 of the Laws of 1990.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 49.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 781, by Senator Hannon, Senate Print 7338, an
act
19 to amend Chapter 884 of the Laws of 1990,
20 amending the public Health Law.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
3547
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 804, by Senator Saland, Senate Print 490, an act
8 to amend the Family Court Act, in relation to
9 judicial notification.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 49.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 805, by Senator Saland, Senate Print 491, an act
22 to amend the Family Court Act, in relation to
the
23 placement of children.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
3548
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 49.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 807, by Senator Johnson, Senate Print 1279, an
11 act to amend the Domestic Relations Law, in
12 relation to visitation rights.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 49.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 808, by Senator LaValle, Senate Print 1737, an
25 act to amend the Domestic Relations Law and the
3549
1 Family Court Act, in relation to the visitation
2 rights of great-grandparents.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 49.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 817, by Senator Libous, Senate Print 6144, an
act
15 to amend the Highway Law, in relation to
16 increasing the limitation on the amount raised
by
17 taxes.
18 ACTING PRESIDENT MEIER: There's a
19 home rule message at the desk. Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 January.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
3550
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 49.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 819, by Senator Maziarz, Senate Print 6492, an
7 act to amend the Highway Law, in relation to
8 state highways in Niagara County.
9 ACTING PRESIDENT MEIER: There's a
10 home rule message at the desk. Read the last
11 section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first day of
14 October.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 49.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 822, by Senator Johnson, Senate Print 6814, an
23 act to amend the Highway Law, in relation to
24 highway projects.
25 ACTING PRESIDENT MEIER: Read the
3551
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 49.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 827, by Senator Volker, Senate Print 888 -
12 SENATOR PATERSON: Lay it aside.
13 THE SECRETARY: -- an act to amend
14 the Penal Law.
15 ACTING PRESIDENT MEIER: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 829, by Senator Volker, Senate Print 3617-B, an
19 act to amend the Civil Practice Law and Rules,
in
20 relation to motions.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first day of
25 January.
3552
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 832, by Senator Present, Senate Print 4007, an
9 act to amend the Penal Law, in relation to the
10 unlawful taking of trees.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the first day of
15 November.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 51.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 834, by Senator Volker, Senate Print 4346-B, an
24 act to amend the Penal Law and others, in
25 relation to increasing the penalties for certain
3553
1 criminal sales.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 16. This
5 act shall take effect on the first day of
6 November.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 53.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 839, by Senator DeFrancisco, Senate Print 5976,
15 an act to amend the Criminal Procedure Law, in
16 relation to authorizing electronic appearance.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 51.
25 ACTING PRESIDENT MEIER: The bill
3554
1 is passed.
2 THE SECRETARY: Calendar Number
3 841, by Senator Goodman, Senate Print 6196, an
4 act to amend the Penal Law, in relation to
5 concurrent and consecutive terms of
imprisonment.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 53.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 850, by Senator Holland, Senate Print 6605, an
18 act to amend Chapter 631 of the Laws of 1997,
19 amending the Social Services Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
3555
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 53.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 862, by Senator Nozzolio, Senate Print 5711-A,
an
7 act to amend Chapter 973 of the Laws of 1867,
8 relating to the Clifton Springs Water Cure
9 Company.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect November 1.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 876, by Senator Spano, Senate Print 6381, an act
22 to amend the Mental Hygiene Law, in relation to
23 renaming of the Letchworth Village Developmental
24 Disabilities Services.
25 ACTING PRESIDENT MEIER: Read the
3556
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 877, by Senator Leibell, Senate Print 7138, an
12 act to amend the Mental Hygiene Law, in relation
13 to renaming the Mid-Hudson Psychiatric Center.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 53.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 986, by Senator Balboni, Senate Print 6860-A, an
3557
1 act to amend the Criminal Procedure Law, in
2 relation to authorizing audiotaped or videotaped
3 victim impact statements.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 53.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1002, by Senator Balboni, Senate Print 6785, an
16 act to amend the Criminal Procedure Law, in
17 relation to orders of protection.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 53.
3558
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1152, by Senator Meier, Senate Print 6916, an
act
5 to amend the General Construction Law and
others,
6 in relation to service in the Armed Forces.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 14. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 53.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1175, by Senator Leibell, Senate Print 2706, an
19 act to amend the Public Service Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section -- the Secretary will read a
22 substitution for Calendar 1175.
23 THE SECRETARY: On page 69,
24 Senator Leibell moves to discharge from the
25 Committee on Veterans and Military Affairs
3559
1 Assembly Bill Number 422 and substitute it for
2 the identical Third Reading Calendar 1175.
3 ACTING PRESIDENT MEIER: The
4 substitution is ordered. The Secretary will
5 read.
6 THE SECRETARY: Calendar Number
7 1175, by member of the Assembly Gunther,
Assembly
8 Print 422, an act to amend the Public Service
9 Law, in relation to utility rates.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 Senator Skelos, that concludes the
21 reading of the non-controversial calendar.
22 SENATOR SKELOS: Mr. President,
23 would you take up the controversial calendar,
24 please.
25 ACTING PRESIDENT MEIER: The
3560
1 Secretary will read the controversial calendar.
2 THE SECRETARY: Calendar Number
3 264, by Senator Saland, Senate Print 680-B, an
4 act to amend the Public Health Law, the Tax Law
5 and the State Finance Law, in relation to the
6 Alzheimer's Research Fund.
7 ACTING PRESIDENT MEIER: Senator
8 Paterson.
9 SENATOR PATERSON: Mr. President,
10 this bill was laid aside by Senator Leichter and
11 I would not portend to have any idea what
Senator
12 Leichter thinks about this bill or what
questions
13 he would like to ask. He's okay with it.
14 Read the last section, Mr.
15 President.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 31st day of
20 December.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 53.
25 ACTING PRESIDENT MEIER: The bill
3561
1 is passed.
2 THE SECRETARY: Calendar Number
3 568, by Senator Skelos, Senate Print 4115-A, an
4 act to amend the Public Health Law and the
Social
5 Services Law, in relation to instituting.
6 SENATOR PATERSON: Explanation.
7 ACTING PRESIDENT MEIER: Senator
8 Skleos, an explanation has been asked of
Calendar
9 Number 568.
10 SENATOR SKELOS: Yes, Mr.
11 President. This legislation which we've named
12 Kathy's Law would require a criminal history
13 report of all new nurses aides and of all new
14 employees of home care service agencies whose
15 jobs require direct care of patients.
16 All of us in our lives,
17 unfortunately at some point, have to make a
18 decision, whether it involves -- whether it
19 involves an elderly parent, whether it involves
a
20 member of the family that has been. or suffered
a
21 traumatic injury.
22 Kathy who was in a coma for ten
23 years from an automobile accident was raped by
an
24 employee of the nursing home, became pregnant.
25 The child was born. Ultimately she passed away,
3562
1 but when we do make that decision that we have
to
2 put somebody in a nursing home, that we have to
3 bring a home health care aid into our home or an
4 elderly parents' home, we have a situation where
5 an individual is extremely vulnerable.
6 We require training of
7 individuals. We require checking on certain
8 immunization records, yet we do not know when
9 this individual is put into the home in a
10 position of trust whether, in fact, they have a
11 criminal history which would really say they
12 should not be in that home, should not be
working
13 in that nursing home, and this legislation,
14 through a criminal background check that can
15 include fingerprinting, would add some peace of
16 mind to individuals who have entrusted the care
17 of their loved one either in a nursing home or
to
18 a home health care aid.
19 SENATOR DOLLINGER: Would the
20 sponsor yield to one quick question?
21 ACTING PRESIDENT MEIER: Senator
22 Skelos, do you yield to a question from Senator
23 Dollinger?
24 SENATOR SKELOS: Yes, absolutely.
25 ACTING PRESIDENT MEIER: The
3563
1 Senator yields.
2 SENATOR DOLLINGER: Senator, this
3 is clearly a well warranted idea. As you know,
4 in Rochester back in my home community, we had a
5 very similar problem with a comatosed woman
raped
6 by a nurse's aide or worker in a nursing home.
7 I just had a couple quick
8 questions about the technical aspects of the
bill
9 that I want to make sure I fully understand.
One
10 is the criminal background checks that will
11 actually occur, how long. first of all, who is
12 going to pay for them? How long do you
13 anticipate they'll take? Will this put a real
14 restraint on the hiring practices of nursing
15 homes because, as you know, they have a
16 significant turnover, which is one of the
reasons
17 why they so easily fall prey, but where is the
18 balance for getting these checks done quick
19 enough so that they're.
20 SENATOR SKELOS: Number one, the
21 checks probably can be made within 30 days with
22 the Division of Criminal Justice Services and
23 even quicker. If a person has a criminal
24 background and they know that they're going to
be
25 fingerprinted, number one, I think many of them
3564
1 will probably not make that application for that
2 job.
3 SENATOR DOLLINGER: I agree with
4 that.
5 SENATOR SKELOS: Many of the home
6 health care agencies that we've discussed,
7 myself, my office, the Attorney General's
office,
8 concerning this legislation, nursing home
9 individuals, owners of nursing homes, have no
10 real problem with this legislation and the fact
11 that it will lend support to them in hiring
12 qualified people. Right now they could not have
13 an intensive criminal background check
14 accomplished on these people.
15 SENATOR DOLLINGER: So the general
16 sense, again through you, Mr. President, is it
17 would take somewhere around 30 days and the
18 nursing home industry is okay.
19 SENATOR SKELOS: Probably less.
20 SENATOR DOLLINGER: Okay.
21 SENATOR SKELOS: Probably less.
22 SENATOR DOLLINGER: Again through
23 you, Mr. President, if the sponsor will continue
24 to yield.
25 ACTING PRESIDENT MEIER: Senator
3565
1 Skelos, do you continue to yield?
2 SENATOR SKELOS: Senator
3 Dollinger, just one other thing. They still can
4 hire that person subject to the report coming
5 back.
6 SENATOR DOLLINGER: Okay. That
7 was one of the other questions I wanted to ask.
8 It does allow -- this does allow the nursing
home
9 to actually hire someone, put them on the staff
10 subject to a termination.
11 Does this bill specifically
12 provide that you can terminate an employee who
13 fails to survive the background check?
14 SENATOR SKELOS: If they refuse to
15 be fingerprinted?
16 SENATOR DOLLINGER: No. Let's say
17 they go through the fingerprinting process.
18 SENATOR SKELOS: That would be at
19 the discretion of the employer.
20 SENATOR DOLLINGER: Okay. Again
21 through you, Mr. President. Is there any kind
of
22 hearing or any due process for the employee if
it
23 comes back positive?
24 SENATOR SKELOS: It would be a
25 decision that an employer would make as to
3566
1 whether they felt that person would be suitable
2 for the position.
3 SENATOR DOLLINGER: Okay. Again
4 through you, Mr. President. One of the other
5 issues that's raised by the nursing home
industry
6 in their memo is the question of grandfathering.
7 How does this bill deal with the concept of
8 grandfathering, the hundreds of thousands of
9 employees who are currently working in nursing
10 homes?
11 SENATOR SKELOS: This would cover
12 prospective employees, but remember, there is
13 such a turnover in this industry, that in a
short
14 period of time -- I can't give you the exact
15 period of time, probably a few years -- you
would
16 have -- most people would be screened or have a
17 criminal background check on them because there
18 is a constant turnover in this industry.
19 SENATOR DOLLINGER: Okay. One
20 other question, again through you, Mr.
President.
21 ACTING PRESIDENT MEIER: Senator
22 Skelos, do you continue to yield?
23 SENATOR SKELOS: Yes.
24 ACTING PRESIDENT MEIER: The
25 Senator yields.
3567
1 SENATOR DOLLINGER: Many of the
2 home health agencies and other agencies that use
3 nurses aides of this type have a cap on their
4 administrative expenses under the Medicaid
5 system. Does this bill in any way affect that
6 cap so that the additional administrative cost.
7 it's going to take some additional time and
8 effort to run people through the system. Is
9 there any increase in the cap so that nursing
10 homes would get greater reimbursement from the
11 Medicaid -
12 SENATOR SKELOS: This would be.
13 this cost would be picked up by the state.
14 SENATOR DOLLINGER: Picked up by
15 the state. Do you know what that cost will be?
16 SENATOR SKELOS: My estimate is
17 that it would cost the state. remember, part of
18 it would be paid by the federal government. For
19 those who are medicate eligible, it would be
20 somewhere from 3- to $5 million.
21 SENATOR DOLLINGER: Okay. Mr.
22 President -
23 SENATOR SKELOS: And effective
24 April 1st of 1999 so that it could be part of
the
25 fiscal plan for next year.
3568
1 SENATOR DOLLINGER: Okay. Thank
2 you to the sponsor.
3 On the bill, Mr. President.
4 ACTING PRESIDENT MEIER: Senator
5 Dollinger on the bill.
6 SENATOR DOLLINGER: I'm going to
7 support this bill. As Senator Skelos knows, the
8 Attorney General has. this is, I believe one of
9 his program bills or a bill that he has had a
10 role in.
11 He has been involved, as many
12 people in the Rochester community have, with
13 respect to a comatosed patient in one of the
14 nursing homes who was raped -- tragically raped
15 by a nurse's aide and he had a very substantial
16 prior criminal history which was undisclosed and
17 unknown at the time he was hired.
18 We clearly live in a society in
19 which the secrecy of people's pasts are being
20 invaded all the time. To some extent we all
give
21 up a little bit of our privacy when we do all
22 kinds of things, whether it's run for office or
23 become involved in jobs that require a certain
24 sensitivity.
25 This bill chips away at one of
3569
1 those privacy rights but it seems to me it does
2 so for the right reason and that is to simply
say
3 that we won't allow someone with a secret
4 criminal past to be attending to those who are
5 infirm and elderly and to that extent we are
6 performing, I think, the most important duty we
7 can, which is to protect people who come into
8 unusual situations where they need the
protection
9 of government and they need the protection of
10 others in order to be able to live.
11 So I'm going to vote in favor of
12 this bill. I think there are a couple of
13 technical issues that could probably be cleaned
14 up with respect to the grandfathering and some
15 other things because I think there are a large
16 number of people out there, but I certainly
think
17 this is a good bill to move the process along.
18 My hope is that the Assembly will produce one
and
19 either through Conference Committee or
20 negotiation we'll get to the bill that achieves
21 the laudable goal of this one.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect on the first day of April.
3570
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 55.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 634, by Senator Cook, Senate Print 6278, an act
9 to amend the Town Law, in relation to the
10 settlement of claims by certain towns.
11 SENATOR DOLLINGER: Explanation,
12 please.
13 ACTING PRESIDENT MEIER: Senator
14 Cook, an explanation has been requested of
15 Calendar 634.
16 SENATOR COOK: Mr. President, this
17 bill removes a requirement that is currently in
18 the law. When the town board agrees with a
claim
19 that's made against the town or the claim is
20 compromised and the town board is prepared to
pay
21 a certain amount of money, under the present
law,
22 they still have to go to Supreme Court and have
23 the judge actually sign an order ordering the
24 town to make the payment.
25 This bill simply says that if
3571
1 everyone is agreed on the amount of the
2 settlement and the town board then in due course
3 passes a resolution to pay it, that they don't
4 have to go to court.
5 ACTING PRESIDENT MEIER: Senator
6 Dollinger.
7 SENATOR DOLLINGER: Just a couple
8 quick questions for the sponsor, if I may. Does
9 this apply to tax tertiary cases as well?
10 SENATOR COOK: No. This does not
11 apply to tax tertiary.
12 SENATOR DOLLINGER: Just where. so
13 I understand that, Senator Cook, could you tell
14 me where in the bill that's the case?
15 SENATOR COOK: I beg your pardon?
16 SENATOR DOLLINGER: Just tell me
17 where in the bill that specified or is it not -
18 SENATOR COOK: Well, it is
19 specified except that the section that we're
20 amending, which is Subdivision 4 of Section 68
of
21 the Town Law, relates to claims against the
22 town. The tertiary proceedings are, I believe
in
23 the Real Property Tax Law.
24 SENATOR DOLLINGER: Again through
25 you, Mr. President.
3572
1 ACTING PRESIDENT MEIER: Senator
2 Cook, do you continue to yield?
3 SENATOR COOK: Yes.
4 ACTING PRESIDENT MEIER: The
5 Senator yields.
6 SENATOR DOLLINGER: If there's a
7 current limitation of any claim above $300 they
8 must go to Supreme Court.
9 SENATOR COOK: Yes.
10 SENATOR DOLLINGER: Would it make
11 better sense to increase that claim to a
sizeable
12 number but not remove it entirely? The reason
13 for my question is obviously this provision was
14 put in there to allow some independent review of
15 a town's ability to resolve a piece of
litigation
16 which, as I'm sure you would acknowledge, could
17 in some cases involve people that the town
18 fathers and mothers are very familiar with, the
19 possible. the possibility of insider dealing in
20 these cases, all of which could come out in the
21 wash in the political process, but nonetheless
22 this was put in to require, much as we do with
23 infants, the approval of a court before large
24 sums of money, public money are paid in these
25 kinds of settlements.
3573
1 And my question is rather than
2 eliminate it entirely, what if we just upped the
3 amount and allowed smaller cases to be resolved?
4 SENATOR COOK: Mr. President, as a
5 matter of fact, Senator, we did discuss that
6 option. We talked about what kind of number was
7 logical. In all candor, we couldn't really
think
8 of any number that was logical, recognizing that
9 if you're talking about a substantial liability
10 problem, you're probably involving an insurance
11 company in some nature, so you're not going to
12 get huge amounts of money. The town is going to
13 be paying that directly out of tax revenues and
14 it just seemed that there wasn't any sense in
15 having that independent review it, and frankly,
16 Senator, if you were to petition the court, the
17 court is going to see the paper is presented by
18 the town, which are going to present. which are
19 going to contain the very information that the
20 town board would utilize in agreeing to the
21 settlement in the first instance. So it's. it
22 didn't seem that there was any purpose in
23 maintaining this process.
24 SENATOR DOLLINGER: Through you,
25 Mr. President. Just one other question. The.
3574
1 there's nothing in this bill that changes the
2 provisions of the Open Meetings Law with respect
3 to discussion of litigation in public.
4 SENATOR COOK: No.
5 SENATOR DOLLINGER: Okay. On the
6 bill, Mr. President.
7 ACTING PRESIDENT MEIER: Senator
8 Dollinger on the bill.
9 SENATOR DOLLINGER: I appreciate
10 the sponsor's explanation, but I'm going to vote
11 against this bill. I think that at least in
12 instances where small towns are negotiating the
13 settlement of claims, we currently set up under
14 our Open Meetings Law a provision that says you
15 don't have to talk about litigation in public.
16 So you can discuss the settlement of a case
17 entirely in private. It can be done in an
18 executive session. It doesn't have to be done
in
19 open session and it seems to me that the intent
20 of this provision was to simply say in certain
21 instances. and I know it's back in 1959, Senator
22 Cook, I would be the first to admit that $300 is
23 a preposterously low number, but it seems to me
24 there is some number beyond which a town under
25 200,000 people should not be able to discuss the
3575
1 settlement of the claim in private. It may
2 involve people that the elected officials in the
3 town know very well, the possibility of internal
4 dealing, the possibility of behind closed doors
5 discussion, outside public surveillance. The
6 potential is there that this could be abused,
and
7 I would suggest that if this bill said we'll
jump
8 it from $300 to $15,000 or $10,000, I know it
9 doesn't eliminate the possibility of small
10 influence peddling which could also occur
because
11 of the notion that they don't need Supreme Court
12 approval, but it seems to me that the beneficial
13 purpose of this legislation would be best served
14 by jumping the amount from 300 to some other
15 number to allow small claims to be settled
16 without Supreme Court approval, but to require
17 that a town which negotiates a deal with a third
18 party behind closed doors has some obligation to
19 go convince a state Supreme Court judge that
it's
20 in the best interests of the people.
21 My guess is, Senator Cook, that
22 seldom, if ever, has any Supreme Court judge
23 substituted his judgment for the judgment of the
24 town fathers in settling a case, but I do
believe
25 that because it's done behind closed doors under
3576
1 the public. the Open Meetings Law, that there's
a
2 potential there that we should avoid.
3 If this bill has some increased
4 limitation, I'll vote for it, but to cast it
away
5 completely, I think creates a possibility, a
6 potential for misdealing, and I would rather
7 avoid that potential, that temptation for local
8 governments.
9 So I'll be voting in the negative.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 56, nays 1,
18 Senator Dollinger recorded in the negative.
19 ACTING PRESIDENT MEIER: Senator
20 Paterson.
21 SENATOR PATERSON: Mr.
22 President.
23 ACTING PRESIDENT MEIER: First,
24 Senator Paterson, excuse me. Just let me know
25 for the record the bill is passed.
3577
1 Senator Paterson.
2 SENATOR PATERSON: Thank you, Mr.
3 President.
4 If we might pause in our
5 deliberations for just a moment, I would just
6 like to tell the members here that when I was a
7 little kid I used to watch television and watch
8 people debating political points of view, and I
9 suffered from the delusion that some of us here
10 continue that our point of view is always right
11 and have that dogmatic view that anyone else
that
12 had another point of view was just wrong or
13 didn't know what they were talking about or was
14 insensitive to some point of view.
15 I watched a mayoral campaign in
16 the city of New York in which the Republican and
17 the Conservative candidate, who was John Marchi,
18 taught me something about civility and taught me
19 something about a sophistication that I had
never
20 seen before and so, as a young person, he was
21 kind of a hero to me, and so on this, the
22 occasion of his birthday, actually his 77th
23 birthday of which he spent, unfortunately, 44 of
24 those years here in this chamber but somehow has
25 managed to persevere through all of this, that
we
3578
1 call the Legislature.
2 I would like to recognize his
3 birthday, and we have a gift that we would like
4 to give Senator Marchi in celebration of his
77th
5 birthday and we are bringing it to him right
6 now.
7 (Applause.)
8 SENATOR PATERSON: And the only
9 other thing I would want to add, Mr. President,
10 is the greatest thrill for me is that I share
11 this birthday with him, so that's how I knew
12 that.
13 (Laughter.)
14 ACTING PRESIDENT MEIER: Senator
15 Marchi.
16 SENATOR MARCHI: I would like to
17 take the pleasure of reciprocating the
sentiments
18 expressed by Senator Paterson.
19 His father was a colleague of
20 mine, and I have great respect and great
21 affection for him, the same affection that I
have
22 for every member of this chamber.
23 The years I've had. I don't know
24 how many I have left but believe me, I am very,
25 very happy with my life and the fact that I
spent
3579
1 it with people that I have the deepest respect.
2 On a short list of three, I don't
3 think that -- very few people would disagree
with
4 me that Senator Paterson. and not because he
5 married a girl from Staten Island. certainly
6 commands a very deep respect for the civility
7 with which he conducts himself, with the
8 intelligence that he conducts himself, and his
9 erudition and literary command, which is
evidence
10 in my mind of extraordinary embrace of things
11 that improve the quality of life and he
12 exhibited. exhibits it every time he gets up,
not
13 impairing his effectiveness in any way, and
often
14 we disagree but even in that disagreement we
15 always maintain that deepest respect for Senator
16 Paterson. He is just a wonderful legislator,
and
17 I'm most happy and delighted that we. well, he
18 doesn't share my actual birth date. He's a
young
19 man. His. he's got a lot of road to travel and
I
20 wish him well as he travels in it, but I.
21 certainly it's a festive occasion for both of
us,
22 and I want to thank again each and every one of
23 you for. well, for a very warm. I wish for
myself
24 that I could go on enjoying your companionship
as
25 long as the good Lord allows it, and the voting
3580
1 public, but I'm ahead now even if I weren't
going
2 to have another day after this. I feel I'm so
3 far ahead that I have to be very grateful.
4 Thank you much and thank you all.
5 Thank you very much, Mr.
6 President.
7 (Applause.)
8 ACTING PRESIDENT MEIER: On behalf
9 the entire body, we wish both Senator Paterson
10 and Senator Marchi happy birthday.
11 Senator Marchi, your constituents,
12 your people and the entire people of the state
13 have benefitted from your service and will
14 benefit for many years to come.
15 And Senator Paterson, you're not
16 too bad yourself.
17 The Secretary will continue to
18 read the calendar.
19 THE SECRETARY: Calendar Number
20 827, by Senator Volker, Senate Print 888, an act
21 to amend the Penal Law, in relation to resisting
22 arrest.
23 SENATOR PATERSON: Explanation.
24 ACTING PRESIDENT MEIER: Senator
25 Volker, an explanation has been requested of
3581
1 Calendar 827.
2 SENATOR VOLKER: Mr. President,
3 now that we've got away with the pleasantries,
4 now we can get into the time when Senator
5 Paterson was wrong -- no, no.
6 (Laughter.)
7 This is a bill that has been
8 debated in this house a number of occasions. In
9 fact, last year it passed this house by a vote
of
10 47 to 12.
11 This bill specifically. and
12 earlier this year we passed a bill, if my
13 recollection is correct, upgrading assault in
14 general. There are many of us who, frankly,
15 believe that assault probably is the area of the
16 law that needs upgrading virtually more than any
17 other area and because it seems to some of us
18 that many of the so-called bias crimes, for
19 instance, and other areas of the law, the
20 striking, and so forth, that occur, relate in
21 part to the fact that unfortunately personal
22 assaults on people has tended to be looked on
23 rather lowly in the courts.
24 Nowhere is this more evident, I
25 don't think, than assaults on police officers.
3582
1 It's no secret to law enforcement people across
2 this state that you have to be seriously injured
3 before a court will essentially sentence anyone
4 to any kind of a serious prison term or consider
5 the actions of someone as serious enough to
6 warrant someone to get a jail term.
7 In fact, more than once. and it
8 frankly dates back to a long time. the attitude
9 that, well, it's part of the business of being a
10 police officer, you get assaulted. I think
11 that's really pretty ridiculous and, in fact,
the
12 last time we debated this bill, Senator Leichter
13 asked a question of me if there's any
indications
14 that there has been an increase of assault on
law
15 enforcement people, and we've done some studies
16 on that and looked at some intelligent reports.
17 intelligence reports and they are very alarming.
18 For instance, a recent report says
19 that last year 160 police officers were killed
in
20 the United States, a 40 percent increase over
21 1996, and that firearms-related deaths were up
25
22 percent, traffic-related fatalities were up 50
23 percent, some of which were deliberate, by the
24 way, as people deliberately drove into police
25 officers, and it talks. it goes on to talk about
3583
1 an ominous sign being that a number of police
2 officers were specifically targeted simply
3 because they had the badge.
4 What this bill does is basically
5 set two different types of resisting arrest.
The
6 number one penalty, which would make it a Class
E
7 felony, would say that a person is guilty of
8 resisting arrest in the first degree when he
9 commits the crime of resisting arrest; in the
10 second degree, by striking, shoving, pushing,
11 kicking or otherwise using physical force. What
12 it really is is the use of physical force -
13 sorry about that -- the use of physical force -
14 I didn't do that deliberately. It
differentiates
15 the resisting arrest from the so-called passive
16 resisting arrest which is the traditional Class
A
17 misdemeanor that resisting arrest is considered
18 today.
19 So what we're doing here, we're
20 differentiating between using physical force and
21 the passive nature of resisting arrest and
making
22 it a Class E felony. A Class E felony is the
23 lowest felony there is, by the way. Some of us
24 say that in the city of New York, Class E
25 felonies are almost like Class B misdemeanors
3584
1 used to be because very often, unless you get a
2 Class E, very little, if any, of those charges
3 are ever maintained because they're usually pled
4 out to lesser charges. You start out with a
5 Class A misdemeanor, there's hardly any place to
6 go below that because the person, effectively,
7 never goes to jail.
8 So what we're doing here is
9 differentiating between physical force and the
10 passive nature of resisting arrest.
11 ACTING PRESIDENT MEIER: Senator
12 Paterson.
13 SENATOR PATERSON: Thank you, Mr.
14 President.
15 If Senator Volker would yield for
16 a question.
17 ACTING PRESIDENT MEIER: Senator
18 Volker, do you yield?
19 SENATOR VOLKER: Certainly.
20 ACTING PRESIDENT MEIER: The
21 Senator yields.
22 SENATOR PATERSON: Senator, we
23 just had a bill a moment ago that we -- almost
24 all of us, I believe, supported by Senator
Skelos
25 that definitely impinges upon the ability of
3585
1 health care workers to get jobs based on whether
2 or not they are convicted of a felony.
3 So what I would advise is when we
4 go from a Class A misdemeanor to a felony, we
are
5 -- even though it's an E felony, we are really
6 changing the options that many people may have,
7 and what you described, I thought very
8 articulately and very compellingly, were the
9 increases of assaults on police officers for
10 which I think we probably should increase the
11 penalties and when that legislation comes to
this
12 floor, I assure you that I will vote for it, but
13 here we're talking about resisting arrest, where
14 many times the individual that's resisting
arrest
15 is under some duress. Often you have a
situation
16 -- maybe two individuals are fighting, the
17 police officer comes in to try to make the
18 arrest, the person is still swinging. They
don't
19 even realize they're swinging at a police
officer
20 now. It's an emotional period.
21 There are a lot of instances where
22 I would certainly put forth that a person could
23 be charged with this crime and at the same time
24 really not have made the decision to make the -
25 to cause the police officer any harm and this
3586
1 doesn't -- this does not in any way allow us to
2 in any way forgive the individual for what they
3 did. They certainly are culpable, but they are
4 not culpable, I would say, in a fashion as it
5 would be if they just assaulted the police
6 officer.
7 So what I'm saying is I think that
8 while we have resisting arrest as a charge,
9 resisting arrest is often what I call the "pile
10 on" charge. It's disorderly conduct and
11 resisting arrest. It goes along with anyone
else
12 that the person is being arrested for, and I
just
13 think we have to take a look at this, and I'm
14 wondering if you would just comment on what I
15 said. I think we have to take a look at this
16 because I just don't want to see people who
17 really did not intend any kind of harm and did
18 not make the actual decision to harm the police
19 officer but who may just have needed to calm
down
20 and the officer was interfered with in trying to
21 make the arrest. There, the resisting arrest
22 charge might be important but to now upgrade it
23 to a felony, I think would take a very willful
24 and deliberate act.
25 SENATOR VOLKER: Senator, what you
3587
1 have stated is -- I understand what you have
2 said. You have stated a factual situation, and
3 when we do cases and when we look at cases
4 involving -- let's use the example of assault,
5 and you have said that the person didn't intend
6 to strike or to hit, or whatever, the police
7 officer, that's the factual situation, then
8 obviously you can't maintain a resisting arrest
9 for striking, and so forth, a law enforcement
10 officer. We understand that and if that's the
11 case, then that's something certainly that as a
12 factual -- in the factual nature of things,
13 should occur and that person should not be
14 convicted of resisting arrest in the first
15 degree.
16 And remember, that the courts have
17 always looked at these types of charges very,
18 very closely, and as well as they should, in
19 dealing with them, and I think what you're
saying
20 to me, Senator, is -- and I know how -- what
21 you're thinking about, but I must tell you that
22 you cannot shirk from making -- it seems to me,
23 that you should not shirk from making changes in
24 the law that deal with the realities of our
25 society and with the protection of individuals
3588
1 who need to be protected simply because there
2 could be a factual situation that might make it
3 more difficult necessarily to prove otherwise.
4 It seems to me that we have some
5 serious problems involving abuse of police
6 officers and abuse -- not just police officers
7 but law enforcement people, and we also have a
8 society that has tended to look at these
charges,
9 frankly, from a somewhat jaded point of view;
10 that is, that this is all part of the job, and
it
11 seems to me that under these circumstances, in
12 particular, it behooves us to give the authority
13 under certain circumstances to charge a higher
14 violation, which would be a Class E felony
rather
15 than a Class A misdemeanor the way it is now.
16 ACTING PRESIDENT MEIER: Senator
17 Paterson.
18 SENATOR PATERSON: Mr. President,
19 on the bill.
20 ACTING PRESIDENT MEIER: Senator
21 Paterson on the bill.
22 SENATOR PATERSON: Senator
23 Montgomery wanted ti lead debate on this bill.
24 She's out of the chamber at this time, and I did
25 my best to try to bring forth what Senator
3589
1 Montgomery's point is, which is that we really
2 would not like to see resisting arrest be a
3 felony.
4 Now, society does have a jaded
5 view about people fighting with police officers,
6 almost as if Senator Volker described as part of
7 the job, and our solution to that is to upgrade
8 the penalties for assault and at a point when
9 someone is that deliberate in their acts of
10 assaulting a police officer, I don't think that
11 should even be considered resisting arrest
12 anymore. I think that should be a straight out
13 attack on the police officer, and I would be
14 perfectly happy to see everyone who commits that
15 crime charged with that crime.
16 Resisting arrest was more of an
17 issue where just the definition, "resisting
18 arrest", demonstrates a less violent kind of
19 action, something where the individual is just
20 pushing and shoving and trying to get away from
21 the police officers and not something that I
22 think should graduate to this particular level.
23 I'm not saying that anyone that
24 assaults a police officer should be punished any
25 less than Senator Volker is saying. We're just
3590
1 disagreeing on the terminology. I would like
2 that to go into the category of assault on a
3 police officer.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the first day of
8 November.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 827 are Senators
14 Connor, Mendez, Paterson, Rosado, Santiago and
15 Smith. Ayes 52, nays 6.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 Senator Fuschillo, that completes
19 the reading of the controversial calendar.
20 SENATOR FUSCHILLO: Thank you, Mr.
21 President.
22 Is there any housekeeping at the
23 desk?
24 ACTING PRESIDENT MEIER: There is
25 no housekeeping.
3591
1 SENATOR FUSCHILLO: There being no
2 further business, I move we adjourn until
3 Tuesday, May 26th, at 3:00 p.m., intervening
days
4 being legislative days.
5 ACTING PRESIDENT MEIER: On
6 motion, the Senate stands adjourned until
7 Tuesday, May 26th, at 3:00 p.m. Intervening
days
8 will be legislative days.
9 (Whereupon, at 11:59 a.m., the
10 Senate adjourned.)
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