Regular Session - May 23, 2000
3622
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 23, 2000
3:07 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3623
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, I would ask everyone present to please
bow your heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 22nd, the Senate met pursuant to
adjournment. The Journal of Friday, May 20,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3624
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
Amendments are to be offered to the
following Third Reading Calendar bills:
Sponsored by Senator Spano, page
number 9, Calendar Number 288, Senate Print
4932A;
Sponsored by Senator Spano, page
number 9, Calendar Number 290, Senate Print
6433;
Sponsored by Senator Spano, page
number 25, Calendar Number 754, Senate Print
1469C;
Sponsored by Senator Marchi, page
number 40, Calendar Number 984, Senate Print
3605A;
Sponsored by Senator Marchi, page
number 41, Calendar Number 988, Senate Print
3625
4458B;
Sponsored by Senator LaValle, page
number 45, Calendar Number 1048, Senate Print
7251;
Sponsored by Senator Hannon, page
number 53, Calendar Number 1138, Senate Print
7523;
Sponsored by Senator Spano, page
Number 53, Calendar Number 1147, Senate Print
7608;
Sponsored by Senator Farley, page
number 54, Calendar Number 1155, Senate Print
7748;
Sponsored by Senator Farley, page
number 55, Calendar Number 1169, Senate Print
6728.
Madam President, I now move that
these bills retain their place on the order of
third reading.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
SENATOR McGEE: Madam President,
on behalf of Senator Nozzolio, please
remove -
3626
THE PRESIDENT: Senator McGee,
Senator Bruno wishes to be recognized.
Senator Bruno.
SENATOR BRUNO: If you would
suffer an interruption, Madam President, I
would ask for an immediate meeting of the
Rules Committee in Room 332.
Thank you very much, Senator.
THE PRESIDENT: Thank you,
Senators.
There will be an immediate meeting
of the Rules Committee in Room 332.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Nozzolio,
please remove the sponsor star from Calendar
Number 680.
THE PRESIDENT: So ordered.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
3627
I wish to call up Senator Bonacic's
bill, Print Number 6711, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
480, by Senator Bonacic, Senate Print 6711, an
act in relation to legalizing, validating, and
ratifying.
SENATOR MARCELLINO: Madam
President, I now offer -- I move -- it's the
upper plate. It gets me.
I now move to reconsider the vote
by which this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received, Senator.
SENATOR MARCELLINO: Madam
President, I wish to call up Senator Volker's
3628
bill, Print Number 7378, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1010, by Senator Volker, Senate Print 7378, an
act to amend the Penal Law.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received, Senator.
SENATOR MARCELLINO: Thank you,
Madam President.
THE PRESIDENT: Senator Trunzo.
SENATOR TRUNZO: Madam President,
will you please put a sponsor star on Calendar
Number 472.
3629
THE PRESIDENT: So ordered,
Senator.
SENATOR TRUNZO: Thank you.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk by Senator Breslin that
I cosponsored with him on behalf of our mutual
constituents. I would ask that that
resolution be read in its entirety and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 4290
commending Albany Police Officers Stanley J.
Nadoraski and Thomas P. Shea in recognition of
the historic actions they exhibited in the
line of duty.
"WHEREAS, It is the sense of this
Assembled Body to recognize and honor those
citizens of the State of New York who devote
those life's work and purpose to public
service; and
"WHEREAS, The quality of life in
3630
the communities of New York State is
reflective of the commitment and dedication
demonstrated by these public servants, and
especially those who devote themselves to
protecting, preserving and maintaining public
order; and
"WHEREAS, From time to time society
calls upon its outstanding members to be
recognized for their valued contributions to
the community and its citizenry, publicly
acknowledging these individuals for their
courage, commitment and selfless dedication to
preserving the quality and fabric of life in
their communities; and
"WHEREAS, This occasion presents an
opportunity for this Assembled Body to honor
two police officers of the Albany Police
Department, Stanley J. Nadoraski and Thomas P.
Shea, for the bravery and heroism they
exhibited in the line of duty, protecting the
lives and property of the citizens of Albany
and their visitors.
"Stanley J. Nadoraski and Thomas P.
Shea, each seven-year veterans of the Albany
Police Department stationed at North Station
3631
on Henry Johnson Boulevard in Arbor Hill, did,
in the early morning hours of November 13,
1999, while on patrol on North Swan Street,
recognize a suspect with a notorious history
of violence and drug dealing, who was then and
is currently wanted on a charge of domestic
violence against a woman of the Arbor Hill
neighborhood.
"In attempting to place said
suspect under arrest, a struggle erupted in
which the suspect seized one of the officer's
service revolvers and inflicted several
gunshot wounds to each policeman before
fleeing into the night with the weapon still
in his possession. Said suspect was
subsequently arrested in Atlanta, Georgia, on
January 18, 2000, after being the subject of
an interstate chase which received national
concern and attention, including an appeal for
citizen cooperation from 'America's Most
Wanted'; and
"WHEREAS, Officers Shea and
Nadoraski, in their attempt to defend the
lives and property of the citizens of Albany,
suffered life-threatening gunshot wounds, Shea
3632
in the shoulder and Nadoraski in the face,
shoulder, and side, requiring emergency
hospitalization and, in the case of Nadoraski,
two weeks of recovery in the Albany Medical
Center Hospital; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
Officer Stanley J. Nadoraski and Officer
Thomas P. Shea for their bravery and heroism
in the line of duty, and to recognize the
sacrifices of these officers and their wives
and children during this traumatic incident;
and be it further
"RESOLVED, That this Legislative
Body wish these officers a swift and complete
recovery; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Officer Stanley J. Nadoraski and Officer
Thomas P. Shea as well as to the elected
leaders of the City of Albany and the
commanding officers of the Albany Police
Department."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
3633
President.
Colleagues and Madam President, I
am proud to be sponsoring this resolution with
Senator Breslin. And we've heard the heroic
actions described of two Albany police
officers who put the safety of their
constituency and ours in front of their own
personal safety.
And they are joined here with their
chief, Jack Nielsen, and Mayor Jerry Jennings,
Assemblyman McEneny, who I'm sure are as proud
of these officers as all of us here in this
chamber are and all of the people in New York
State would be on becoming aware of what they
did.
And what they did was to be
diligent enough in November as they were doing
their routine job -- which is in no way ever
routine -- and they suspected this individual
of being wanted for a domestic violent crime.
And when they accosted him, as we heard, a
scuffle ensued. And one of them was shot in
the shoulder, in the face; the other, severely
wounded in a life-threatening way.
But I think our commendation here
3634
relates to their diligence, to being there, to
being aware, and then putting their own safety
aside, moving to do something about an
individual that didn't belong on the streets.
You know, you can't help but wonder
what might have happened if that individual
was left to wander the streets of Albany. How
many other people could have been hurt,
injured, killed, maybe -- who knows -- but for
their actions, for their being diligent and
vigilant in standing there and confronting
this individual.
But every day officers like Stan
and Tom, who as I understand it both presently
live in my district -- sorry, Neil. But they
work in Albany. Every day, they and officers
like them are out there in the front lines
while we're doing the things that we normally
do -- working, doing whatever, sleeping -
they're there, days, nights, and weekends.
So we can be very, very proud -
and I know the Mayor is and the Chief is -
and they and their families can be proud that
they stand and stand really aside from all of
the routine that takes place as you go out
3635
every day and you are able to do what you did,
putting your own safety aside and really
protecting the lives of the people that are
out there who were just doing what they do
every day, taking their own liberty and their
own pursuit of happiness for granted.
But you make it happen. So we're
indebted to you. We welcome you to the
chamber. And we're proud to have you as a
constituency and proud that you're in uniform
out there every day and every night and every
weekend protecting all of us.
Thank you.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you,
Madam President.
I'd like to echo Senator Bruno's
remarks about two courageous young policemen
who have only spent seven years each on the
Albany Police Department. But they represent
our entire Albany Police Department, a police
department that every day goes out and risks
exactly the same kind of situation that they
were placed in in November. And I'm confident
to know that the rest of the Albany police
3636
force would have reacted in that same brave
and courageous way.
And we are very, very proud of both
Stan and Tom. And I'm delighted to have had
the help of Senator Bruno and my fellow
representative from Albany, Jack McEneny, who
did so much in the Assembly for this same
resolution.
And it's a tribute to both Stan and
Tom that the mayor of the City of Albany,
Jerry Jennings, and the chief, Jack Nielsen,
who's done such a wonderful job with our
police force, are here to honor them. And I
too, along with this entire body, say
congratulations to each of you.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: On behalf of
the Minority Leader, Senator Connor, we are
happy to have this resolution by Senator Bruno
and also by Senator Breslin and are very proud
and concerned that these officers will be able
to go back to their posts and will be able to
resume their lives and that their families
will not have to worry and not feel the
3637
tension that the families of all police
officers and other public servants who perform
law enforcement feel at these particular
times.
When we honor these two particular
officers, we are really honoring all those
officers around the state, both living and the
dead, who struggled unremittingly and
courageously to make our neighborhoods safer
and to make our people feel more secure.
And so we are very happy to see
this resolution today.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Madam
President, we would like to open it up to the
entire Senate to participate in this
resolution.
THE PRESIDENT: Senator Bruno, do
you approve opening this up to the entire
Senate?
SENATOR BRUNO: I do, Madam
President. I would recommend, unless anyone
objects, that we just add everyone's name to
the resolution. With your concurrence,
Senator Breslin.
3638
SENATOR BRESLIN: Thank you very
much, Senator Bruno.
THE PRESIDENT: Anyone who does
not wish to be included on this resolution
should so notify the desk.
The question is on the resolution.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
And as President of the Senate, and
particularly as a former district attorney,
I'd like to join in the members' recognition
and congratulations and honor of these
diligent and courageous police officers who
have given so much to their community and in
so many ways.
The work of you as police officers
is not recognized enough and not given enough
respect. So I congratulate the members of the
Senate in joining together to recognize you in
this small way this afternoon.
(Applause.)
3639
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could we call for an immediate
meeting of the Civil Service and Pensions
Committee in the Majority Conference Room,
please.
THE PRESIDENT: There will be an
immediate meeting of the Civil Service and
Pensions Committee in the Majority Conference
Room.
Senator Kuhl.
SENATOR KUHL: I think there's a
Resolution Calendar on the desks of the
members. Could we adopt the Resolution
Calendar, with the exception of Resolution
Number 4335.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Number 4335, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
3640
Senator Kuhl.
SENATOR KUHL: Yes. Now, Madam
President, I believe Resolution Number 4335 is
at the desk. It's offered by Senator Morahan.
I ask that it be read in its entirety.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Morahan, Legislative Resolution Number 4335
commemorating Memorial Day, May 29, 2000, in
the State of New York.
"WHEREAS, It is the sense of this
Assembled Body that the memory of those who
have fallen in battle to preserve the beliefs,
ideals, and principles of the United States
profoundly strengthens our commitment to the
exercise of freedom."
THE PRESIDENT: Would the members
please take their conversations outside the
chamber.
The Secretary will continue to
read.
THE SECRETARY: "And WHEREAS,
Attendant to such commitment and fully in
accord with its longstanding traditions, it is
3641
the duty and privilege of this Assembled Body
to commemorate Memorial Day, May 29, 2000; and
"WHEREAS, May 29, 2000, will be
solemnly marked throughout the United States
of America as Memorial Day, a day of national
mourning for those Americans who gave their
lives in defense of their country, in times of
war and in times of peace, in police action
and minor skirmishes, in peacekeeping roles
and in missions to foreign lands, to uphold
the cherished principles of liberty and
democracy upon which our Grand Republic was
founded; and
"WHEREAS, A legacy of the Civil
War, Memorial Day is a timeless holiday. New
York State was the first state to formally
recognize Memorial Day -- then known as
Decoration Day -- as a holiday to honor our
fallen veterans. Memorial Day is not a
celebration, but rather a day of remembrance,
as characterized by our ancestors who observed
the day by taking time out to remember family
members and neighbors who gave their lives in
the Civil War which divided our nation.
"In commemorating May 29, 2000, as
3642
Memorial Day, this Assembled Body pays homage
to the more than 576,000 Americans who, during
ten major wars, have made the supreme
sacrifice for their country, from Lexington
and Concord to Iwo Jima, from Yorktown to
Gettysburg, from New Orleans to San Juan Hill,
from Antietam to Omaha Beach, from Inchon to
Ardennes, and from all the other fields of
battle as well where men and women have fallen
for the cause of freedom; and
"WHEREAS, For decades, veterans'
organizations have offered poppies, handmade
by hospitalized veterans, to be worn to honor
America's war dead. The wearing of the poppy
as a Memorial Day custom has its roots in the
poem 'In Flanders Fields,' written to salute
those killed during World War I. The proceeds
from the sale of poppies are used by
individual veterans' posts to help veterans;
and
"WHEREAS, We, the duly elected
members of this Assembled Body, can mark this
solemn occasion with no greater edifice than
the words of our 16th President, Abraham
Lincoln when he dedicated the National
3643
Cemetery at Gettysburg on November 19, 1863:
"'We have come to dedicate a
portion of that field, as a final resting
place for those who here gave their lives that
this nation might live. It is altogether
fitting and proper that we should do this.
But, in a larger sense, we cannot dedicate -
we cannot consecrate -- we cannot hallow this
ground. The brave men, living and dead, who
struggled here have consecrated it far above
our poor power to add or detract. The world
will little note nor long remember what we say
here, but it can never forget what they did
here. It is for us, the living, rather, to be
dedicated here to the unfinished work which
they who fought here have thus far so nobly
advanced. It is rather for us to be dedicated
to the great task remaining before us -- that
from these honored dead we take increased
devotion to the cause for which they gave the
last full measure of devotion; that we here be
highly resolved that these dead shall not have
died in vain; that this nation, under God,
shall have a new birth of freedom, and that
government of the people, by the people, for
3644
the people, shall not perish from the earth';
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to solemnly
mark Memorial Day, May 29, 2000, gratefully
acknowledging all those who have come before
us and who, seeing their duty, have served
this country so valiantly and honorably when
called, preserving our freedom, our liberty
and our safety, placing themselves in harm's
way to keep America safe; and it be further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to veterans' organizations of New York State."
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
I asked that this resolution be
read in its entirety so that this body could
pause in its deliberations and reflect upon
the great sacrifices made by so many Americans
to defend our freedom at the price of their
own lives -- men and women, mothers, fathers,
sisters, brothers who went off to war and
never returned.
3645
I don't know how many in this
chamber had a family member killed in the
service of his country. I know I did, at
Normandy. And I know that many families
throughout this state recognize this day as
one of, as it says in the resolution, of
remembrance and some sorrow.
I think what's really important
too, it's been about 20 years or better, 25
years, since we have ended the Vietnam War,
the last major conflagration that this nation
has been in -- thank you, Madam President.
And from time to time I think it's important
that we don't look at Memorial Day as a day
necessarily of celebration, but one of, as it
says in the resolution, remembrance.
I think it's important for those in
the gallery, those young people who visit us
today, and for the people and the youngsters
who are coming behind us to understand what
was behind the General Order 11 by General
Logan when he created Decoration Day.
It's a day of solemnity. It's a
day for us to recognize what it takes to
remain free, the vigilance that is necessary
3646
to defend our freedom, that it doesn't come
easy, it comes at a great sacrifice and a
great price.
But certainly those who have gone
before us and made that sacrifice gave us the
freedoms that we cherish today. And hopefully
we will never have to have that sort of
sacrifice in the future. But it's also
important that we remain strong as a nation,
in their memory, so that their sacrifice will
never have been in vain.
Thank you, Madam President.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. This is such an important
resolution that Senator Morahan has offered to
open this up to the floor.
It would be the suggestion, coming
from this chair, that all the members be
included on the resolution except those who
identify themselves to the desk that they
don't wish to be on it.
With that, I move the resolution.
THE PRESIDENT: The resolution is
open for cosponsorship. If a member does not
3647
wish to be a cosponsor, please notify the
desk.
Senator Kuhl.
SENATOR KUHL: Move the
resolution.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could we return to the order of
reports of standing committees. I understand
there's a report of the Judiciary Committee at
the desk. I'd ask that it be read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination:
3648
As a judge of the Family Court for
the County of Orange, Carol Savits Klein, of
Chester.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Carol S. Klein, of Chester, who has been
nominated by the Governor to be a judge of the
Family Court for the County of Orange.
Judge Klein appeared before the
committee this afternoon. Her credentials
have been examined and found to be excellent
by the staff of the committee. She was
interviewed and was unanimously moved to the
floor after a vote of the committee.
And I would most respectfully yield
to Senator Larkin for purposes of a second.
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President. I rise to second the nomination of
Carol Klein to be a Family Court judge for
Orange County.
Carol Klein has been a town judge
for 12 years in the Town of Chester. She's
been a law guardian in the Family Court of
3649
Orange County for 11 years. She's been in
legal service for the elderly. She's been an
instructor at Marist College. She's been a
prosecutor for child protective proceedings in
our Family Court. She's on the 9th Judicial
District Gender Bias Committee, and she's been
a mediator for the Supreme Court Divorce
Mediation Pilot Project, which started in
1987.
Carol Klein's involvement is not
just in the judiciary or in the legal practice
itself. Her list of organizations to which
she belongs to within our county -- she's
known to everyone. She participates as a
partner with her husband, Robert, in a lot of
issues, a lot of activities that affect the
lives of families and children in Orange
County.
I'm very proud to stand here and
second the nomination of Carol S. Klein to be
the Family Court Judge for Orange County.
She's earned her stripes.
THE PRESIDENT: The question is
on the confirmation -- Senator Bonacic.
SENATOR BONACIC: Thank you,
3650
Madam President.
I stand also to join with my
colleague Senator Larkin in seconding the
nomination of Carol Klein. Carol we have
known in Orange County for almost twenty
years. In addition to having exceptional
credentials, in giving back to the community,
she is also a wonderful wife and mother to two
beautiful daughters.
I know she will be an excellent
Family Court judge, and we look forward to her
tenure as a judge for a long, long time.
Thank you, Madam President.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President. I too want to join my
colleagues Senator Bonacic and Senator Larkin
in seconding the confirmation of Carol Klein
from Orange County.
I have not had the pleasure to know
Carol Klein as long as Senators Larkin and
Bonacic, but I have known her since last year.
And in the time that I've known Carol and her
husband, Robert, I can attest to their
credibility as community activists, involved
3651
people, people giving back.
And also Carol comes so eminently
qualified with the credentials necessary to
work in a Family Court. She has worked with
family groups outside the court practice.
And I think all of Orange County
ought to be very proud today that Carol now
will ascend to the Family Court bench.
Therefore, I join my colleagues in seconding
her nomination and welcoming her and Robert to
the chambers.
THE PRESIDENT: The question is
on the confirmation of Carol Savits Klein as a
judge of the Family Court for the County of
Orange. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Carol Savits
Klein is hereby confirmed as a judge of the
Family Court for the County of Orange.
(Applause.)
THE PRESIDENT: On behalf of the
Senate, I'd like to acknowledge the presence
of Judge Klein as well as her husband, Robert,
3652
and wish you every success in your new
endeavor.
Senator Kuhl.
SENATOR KUHL: Madam President,
may we now have the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
546, by the Assembly Committee on Rules,
Assembly Print Number 10921, an act to amend
the Criminal Procedure Law, in relation to
removal.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
600, by Senator Farley, Senate Print 6806, an
3653
act to amend the Highway Law, in relation to
designating.
SENATOR DOLLINGER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
697, by Senator Rath, Senate Print 4841, an
act to amend the General Municipal Law, in
relation to authorizing.
SENATOR DOLLINGER: Lay the bill
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
728, by Senator DeFrancisco, Senate Print
6829, an act to amend the Public Authorities
Law, in relation to the powers of the Onondaga
County Resource Recovery Agency.
SENATOR DOLLINGER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
747, by Senator Seward, Senate Print 6730A, an
3654
act to amend the Insurance Law, in relation to
the distribution of dividends.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
758, by Senator Saland, Senate Print 4357, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to
violations.
SENATOR DOLLINGER: Lay that bill
aside, Madam President.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
830, by Senator Volker, Senate Print 5598, an
act to amend the Civil Practice Law and Rules,
in relation to civil case records.
THE PRESIDENT: Read the last
3655
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
866, by Senator Volker, Senate Print 1593, an
act to amend the Mental Hygiene Law, the
Correction Law, and the Criminal Procedure
Law, in relation to civil commitment.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
913, by Senator Leibell, Senate Print 6149A,
an act to amend the Retirement and Social
Security Law, in relation to permitting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3656
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
938, by Member of the Assembly Grannis,
Assembly Print Number 9596A, an act to amend
the Agriculture and Markets Law, in relation
to the forfeiture.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
942, by Senator LaValle, Senate Print 1965, an
act to amend the General Municipal Law, in
relation to point systems.
THE PRESIDENT: Read the last
3657
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
947, by Senator Maziarz, Senate Print 5768A,
an act to amend the General Municipal Law, the
Public Authorities Law, and the Civil Service
Law, in relation to paid leave.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
960, by Senator Larkin, Senate Print 7154, an
act to amend the Racing, Pari-Mutuel Wagering
3658
and Breeding Law, in relation to licenses for
participants.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
971, by Member of the Assembly Weinstein,
Assembly Print Number 4758A, an act to amend
the Surrogate's Court Procedure Act, in
relation to the investment of guardianship
funds.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
973, by Senator Padavan, Senate Print 6743, an
act to amend the Real Property Actions and
3659
Proceedings Law, in relation to the new owners
of buildings.
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
974, by Senator Lack, Senate Print 6886, an
act to amend the Estates, Powers and Trusts
Law, in relation to credit shelter formula
bequests.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
981, by Senator Spano, Senate Print 1466, an
act to establish immunity from liability for
not-for-profit organizations.
SENATOR DOLLINGER: Lay it aside.
3660
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
987, by Senator Marchi, Senate Print 4457, an
act to amend the Not-for-Profit Corporation
Law, in relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
990, by Senator Skelos, Senate Print 6780, an
act to amend the Business Corporation Law, in
relation to the issuance of rights and
options.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3661
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
993, by Senator Trunzo, Senate Print 6991, an
act to amend the Public Authorities Law, in
relation to establishing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1007, by Senator Skelos, Senate Print 7034, an
act to amend the Criminal Procedure Law, in
relation to eliminating the statute of
limitations for Class B violent felonies.
SENATOR DOLLINGER: Lay the bill
aside.
3662
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1008, by Senator Nozzolio, Senate Print 7113,
an act to amend the Criminal Procedure Law, in
relation to the cost of a sign language
interpreter.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1014, by Senator Volker, Senate Print 7438, an
act to amend the Criminal Procedure Law, in
relation to extending the jurisdiction.
THE PRESIDENT: Read the last
section.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
3663
I'm going to ask again that the
members please take their conversations
outside the chambers. Thank you.
The Secretary will read.
THE SECRETARY: Calendar Number
1027, by Senator Maziarz, Senate Print 6816A,
an act to amend the Highway Law, in relation
to designating a portion of the state highway
system.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1029, by Senator DeFrancisco, Senate Print
7364, an act to amend the Vehicle and Traffic
Law, in relation to "I Love New York"
distinctive plates.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
3664
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1031, by Senator Stafford, Senate Print 7641,
an act to amend the Vehicle and Traffic Law,
in relation to divisible load permits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1036, by Senator Alesi, Senate Print 85, an
act to amend the Correction Law, in relation
to making it a Class A misdemeanor to simulate
or to cause or permit to be disseminated.
THE PRESIDENT: Read the last
section.
3665
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1037, by Senator Alesi, Senate Print 182, an
act to amend the Correction Law, in relation
to work release programs.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1041, by Senator Saland, Senate Print 7234, an
act to amend the Correction Law, in relation
to making technical corrections.
3666
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1055, by Senator Goodman, Senate Print 4032,
an act to amend the Executive Law, in relation
to conforming the Human Rights Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 38. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Dollinger, to explain your vote.
SENATOR DOLLINGER: To explain my
vote, Madam President.
I'm going to vote in favor of this
bill. This bill in essence puts
3667
gender-neutral language in the State Division
of Human Rights Law, the Executive Law. It's
a great idea.
I would just suggest, Madam
President, the next thing we ought to do is
include sexual orientation in our
protection -- our declaration of equal rights
in this state, so regardless of what language
we use we ensure equal rights for all.
Simply changing "his" to "her" or
making other subtle changes, it seems to be a
good idea, the right idea. It's the right
time. Why don't we do that with respect to
providing equal employment opportunity for
everyone in this state regardless of their
sexual orientation? It would make true equal
justice under the law a reality in this state.
THE PRESIDENT: Senator
Dollinger, you will be so recorded as voting
in the affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
3668
THE SECRETARY: Calendar Number
1064, by Senator Maziarz, Senate Print 6815,
an act to amend the Public Officers Law and
the Town Law, in relation to authorizing.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1066, by Senator Alesi, Senate Print 6860, an
act to amend the Alcoholic Beverage Control
Law, in relation to sale of prepared liquor
drinks.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1073, by Senator Goodman, Senate Print 7119,
an act to amend the Public Buildings Law, in
relation to authorizing the Commissioner of
General Services.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
3669
1085, by Senator Kuhl, Senate Print 5205, an
act to amend the Education Law, in relation to
the calculation of income.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1099, by Senator LaValle, Senate Print 7767,
an act to amend the Executive Law, in relation
to the submission of arson reports.
SENATOR DOLLINGER: Lay the bill
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1104, by Senator Marchi, Senate Print 6354, an
act to amend the Executive Law, in relation to
designating December 16th as Battle of the
Bulge Day, a day of commemoration.
3670
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1107, by Senator Stafford, Senate Print 7646,
an act to amend the Real Property Tax Law, in
relation to clarifying certain provisions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1121, by Senator Lack, Senate Print 5924A, an
act to amend the Insurance Law, in relation to
3671
agreements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
Senator Kuhl, that completes the
reading of the noncontroversial calendar.
SENATOR KUHL: Would you
recognize Senator DeFrancisco, please, Madam
President.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I would
request unanimous consent to vote in the
negative on 830 on the calendar, please.
THE PRESIDENT: You will be so
recorded, without objection, as voting in the
negative, Senator.
Senator Kuhl.
SENATOR KUHL: Yes, may we have
3672
the controversial reading of the calendar.
But may we begin with Calendar Number 758,
then take the regular order.
THE PRESIDENT: The Secretary
will read, starting with Calendar Number 758,
sponsored by Senator Saland.
THE SECRETARY: Calendar Number
758, by Senator Saland, Senate Print 4357, an
act to amend the Family Court Act and the
Domestic Relations Law, in relation to
violations of custody and visitation orders.
SENATOR DOLLINGER: Explanation.
THE PRESIDENT: Senator Saland,
an explanation has been requested.
SENATOR SALAND: Thank you, Madam
President.
Madam President, what this bill
would do would be to codify the existing
Article 6 remedies into one location with
respect to violations of custody -
THE PRESIDENT: Senator Kuhl, why
do you rise?
SENATOR KUHL: Senator Saland is
only five chairs away from me, and I'm having
a very hard time hearing him. Could we get
3673
some order in the chamber, please.
THE PRESIDENT: Yes, I will,
Senator.
I'm going to again ask that any
members or visitors in the chambers, staff,
take your conversations outside the chambers.
Senator Saland.
SENATOR SALAND: Thank you, Madam
President.
As I started to say, this bill
effectively codifies what is commonly known as
the Article 6 remedies in the Family Court Act
with regard to violations of custody and
visitation and adds to the court's contempt
powers certain interim remedies which we
believe will be a more effective means of
deterring misconduct in these types of cases
dealing with matters such as the ability to
apply probation, the ability to apply fees
with respect to an offending parent in these
types of situations, reimbursement for
out-of-pocket expenses.
This bill in its language
effectively parallels, virtually word for
word, similar provisions that are currently
3674
found for violations of orders of support.
The bill is being offered at the
request of the judiciary.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield, please?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: Will the sponsor
yield?
You may proceed, Senator Duane.
SENATOR DUANE: Thank you.
Does the law already provide for
custodial noncompliance remedies? I should
say for custodial noncompliance.
SENATOR SALAND: Does the law -
I'm sorry.
SENATOR DUANE: Does the law
already provide for remedies for custodial
noncompliance of visitation, et cetera?
SENATOR SALAND: There certainly
are contempt proceedings that are available.
And as I mentioned in my opening remarks, not
all of the interim remedies that are provided
by way of this legislation are provided in the
3675
existing law.
But effectively what this will do
will be to provide one-stop shopping for those
who deal with these types of issues, with the
law being codified, laid out and basically
providing a rather simple way for
practitioners dealing in this area to deal
with those issues that come up in custody and
visitation cases.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I'm wondering if
the sponsor could provide me with a
description of what would constitute a
violation of custody or visitation, if such a
definition exists.
SENATOR SALAND: There is
absolutely nothing whatsoever in this law that
3676
changes the existing definitions of custody,
visitation, or violations thereof.
So whatever the current law is with
respect to custody today would be exactly the
same, and the same would hold true for
visitation, were this law to be passed and
signed into law by the Governor.
So this has nothing to do with
either expanding or limiting the definition of
custody or visitation or any subset contained
therein.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: Thank you.
As I understand it, current
legislation calls for remedies when there's
been a willful violation of custody or
visitation. This legislation lowers or raises
3677
the bar, whichever, to even including -- so
that a nonwillful violation -
SENATOR SALAND: You'll have to
speak up, Senator Duane. When that door
opens, I can't hear you.
SENATOR DUANE: If I may begin
again, Madam President.
THE PRESIDENT: You may begin,
Senator Duane.
SENATOR DUANE: Thank you.
My understanding is that currently
there are remedies provided for willful
violations of custody or visitation. Is that
correct?
SENATOR SALAND: Correct.
SENATOR DUANE: And to continue,
Madam President, what this legislation would
do would be to take away that it would have to
be willful noncompliance. So it could be
accidental, or noncompliance through no fault
of the parent would also be captured under
this legislation; is that correct?
SENATOR SALAND: What this bill
does is it permits a court at an earlier stage
to become involved in the proceeding. And if
3678
somebody wishes, because of an alleged
accidental violation, to bring on some type of
proceeding, they've placed themselves at risk.
Because effectively what they've done is
they've made themselves subject to the
remedies that we've provided here, remedies
that include repayment of counsel fee,
remedies that include repayment of
out-of-pocket expenses.
There are a number of things that
this bill does that attempts, again, to
simplify the practice, to make the
availability of earlier access to the court by
the parties a reality.
And which again, as I mentioned
earlier, tracks, particularly with respect to
those provisions on the willful side, language
that's already the existing law with respect
to support proceedings.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR SALAND: Yes, Madam
3679
President.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I certainly
understand the point that the sponsor is
trying to make.
However, I'm wondering if the
sponsor is also concerned that because the
threshold of willfulness is not being kept
through this legislation, that perhaps there
could be an increase in using this to harass
or -- well, basically to harass a parent
because of vindictiveness or because of the
relationship -- you know, what's happened in
the relationship between the parents.
SENATOR SALAND: I don't see
where there will be any significant or
substantial change in the law.
The reality is, is that those
parents who are engaged in acrimonious conduct
with respect to themselves and using children
as pawns are going to engage in the same
conduct, regardless of whether the standard is
willful or whether the standard is not
willful. They are going to concoct every
3680
effort for conflict, they are going to ignore
the best interests of their child or children,
and they are going to engage in this.
What we propose to do by way of
also providing for nonwillfulness but
nonetheless a violation of an order, to
basically provide for earlier intervention, to
encourage responsibility, and to deter
noncompliance at an even earlier stage.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: And again, while
I understand that point, does not this
legislation also provide an additional tool to
the non -- potentially a new tool for the
noncustodial parent to harass, a tool which
they did not have before this legislation?
SENATOR SALAND: I don't view it
3681
as such. Again, I view it as a means for the
court to intervene. It's certainly, you know,
not, in my view, a new tool to wreak havoc in
the court system or to provide as a means of
harassment.
SENATOR DUANE: And, Madam
President, if the sponsor would yield for one
more question.
THE PRESIDENT: Does the sponsor
yield for one more question?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I'm curious as to
why this bill has penalties, including
incarceration, in accordance with the Criminal
Procedure Law. However, this bill is -
amends the Domestic Relations Law.
SENATOR SALAND: This is not in
any way, shape, or form a criminal procedure.
What this bill does is it makes reference to
the Criminal Procedure Law.
The Family Court Act contains in
its provisions language that says that the
3682
Criminal Procedure Law, unless specified, is
not applicable. However, the court can look,
in the case of contempt proceedings, by way of
what I will term illustration or
interpretation.
Were there to be a finding of
contempt here, it would be a civil contempt.
And while somebody held in civil contempt can
be subject to time in a county jail or a city
facility, I guess, in one of the major cities,
that is not a criminal procedure and that is
not a criminal sentence. And that is the law
of civil contempt.
SENATOR DUANE: Thank you.
Madam President, on the bill.
I find myself torn about this bill.
If the remedies would only be used when
there's willful disregard of custodial
arrangements or visitation agreements, I would
feel more comfortable with it. And I
understand what the point of the bill is and
how that in some ways it might be helpful.
But on the other hand, I'm fearful
that it could be used to harass a custodial
parent, in many cases who is a woman who has
3683
less resources potentially than the father in
such a case.
I also object to the specter of
criminal sanctions, including the possibility
of incarceration, though I understand that
would be a worst-case scenario. But to, in
the worst-case scenario, make it so that
someone who was unable to prove that they're
being late was not a willful act could
potentially set themselves up for a criminal
sanction -- maybe not incarceration, but some
other criminal sanction -- so I think it gives
the noncustodial parent in a bitter case a
little bit too much power to harass or
intimidate the custodial parent.
So as I -- and I'm thinking it
through as I go through it, I think I'm going
to vote no on this legislation, though I think
that there could be legislation which could
accomplish this without going quite to the
same length that this does.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
3684
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: Senator Smith.
SENATOR MALCOLM SMITH: Yes.
Thank you, Madam President. I rise to request
to be recorded in the negative on Calendar
Number 830.
THE PRESIDENT: Without
objection, you will be so recorded, Senator,
as voting in the negative on Calendar 830.
The Secretary will read in regular
order.
THE SECRETARY: Calendar Number
600, by Senator Farley, Senate Print 6806, an
act to amend the Highway Law, in relation to
designating a bridge.
SENATOR DOLLINGER: Can we have
an explanation, Madam President?
THE PRESIDENT: Senator Farley,
an explanation has been requested.
SENATOR FARLEY: Thank you, Madam
President.
3685
This is a very significant bill for
the Town of Corinth, which is -- it's a bridge
that goes between Senator Stafford's district
and my district. And this bridge actually
goes between Warren County and Saratoga
County. And there was a mayor of the town of
Corinth by the name of Densmore -- a terrific
guy, and I knew him.
And his son went before the Corinth
Town Board and mentioned how his father had
served the town so well and so long, and he
thought it would be -- and he walked over this
bridge 10,000 times. And he thought it would
be a great idea if we named this bridge after
him.
And guess what? The village board
of the Town of Corinth voted unanimously to
name this bridge after Mayor Densmore. And -
actually, it's Irving Densmore. And they
contacted Assemblyman D'Andrea, who's a member
over in the Assembly, a Minority member, and
also contacted Senator Stafford, who said he'd
be thrilled to cosponsor this bill with me.
And believe it or not, I -- has
this bill passed the Assembly? I'm just not
3686
sure. I guess not. But there's a good chance
that this bill may pass the Assembly if we can
go over and trade for it.
So I really would like to see this
bridge named after Irving Densmore, who served
as mayor of the town of Corinth for 14 years.
And you all know how difficult it is to serve
as mayor, particularly for a small rural town.
SENATOR DOLLINGER: Explanation
satisfactory, Madam President.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
697, by Senator Rath, Senate Print 4841, an
act to amend the General Municipal Law, in
relation to authorizing.
SENATOR DOLLINGER: Explanation,
3687
please, Madam President.
THE PRESIDENT: Senator Rath, an
explanation has been requested.
SENATOR RATH: Madam President,
this is a very simple bill. Currently the
General Municipal Law allows municipalities to
create business improvement districts.
However, if geographically and as practiced
the community and a business district happens
to fall between two municipalities, there's no
way for cooperation, for them to announce or
develop a business improvement district across
municipal boundaries.
And this bill would take care of
that problem.
SENATOR DOLLINGER: Madam
President, through you.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. Will the sponsor yield just
for one question?
THE PRESIDENT: Does the sponsor
yield?
SENATOR RATH: Surely.
3688
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, is there anything that under
current law prevents intermunicipal agreements
that would do exactly what this bill is
designed to do? Why do we need this bill if
the communities can do it together, side by
side, and then just enter into an agreement to
work together?
SENATOR RATH: The law, Senator
Dollinger, is not clear that it's possible for
them to do this.
And we've been attempting to get
any impediments out of the way when we're
hoping to keep business improvement districts
moving forward in, if you will, in the tone of
a regional effort, in order to enhance the
regions of New York State.
SENATOR DOLLINGER: Thank you,
Madam President. Explanation satisfactory.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3689
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
728, by Senator DeFrancisco, Senate Print
6829, an act to amend the Public Authorities
Law, in relation to the powers.
SENATOR DOLLINGER: Explanation,
please.
THE PRESIDENT: Senator
DeFrancisco, an explanation has been
requested.
SENATOR DeFRANCISCO: Before I
tell you what this bill is, I'll tell you what
it is not. It has nothing to do with Irving
H. Densmore, the mayor who was in office for
14 years who the bridge is being named after.
What the bill is, very simply, is
is that the Onondaga County Resource Recovery
Agency, when it was formed, was given various
powers. And one that was lacking and that was
a power that was in most such other agencies
was the power to collect solid waste.
3690
This would give the authority, the
power, to do that. It does not, as some have
tried to have passed, it does not provide that
people have to purchase -- have to sell their
garbage to this agency or make this agency
exclusively the one that collects garbage.
But it gives this authority to collect the
garbage that they need, apparently, to run the
facility. And it does not preclude anyone
else from providing the same service.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield?
THE PRESIDENT: Does the sponsor
yield?
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, does this give the Onondaga
County Resource Recovery Agency the ability to
go into competition with local collection of
solid waste materials at the curbside?
SENATOR DeFRANCISCO: It does.
3691
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR DeFRANCISCO: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DOLLINGER: Is it the
intention of Onondaga County to get into the
business of curbside collection of solid waste
in competition with municipalities or private
vendors as well?
SENATOR DeFRANCISCO: Well, this
is the Onondaga County Resource Recovery
Agency, not the county itself.
But they want the ability to
collect the garbage, so obviously they will no
doubt attempt to collect garbage. And that
will in fact compete with, you know, private
groups trying to do the same.
SENATOR DOLLINGER: Thank you,
Madam President. Explanation satisfactory.
THE PRESIDENT: Read the last
section.
3692
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
866, by Senator Volker, Senate Print 1593, an
act to amend the Mental Hygiene Law, the
Correction Law, and the Criminal Procedure
Law, in relation to civil commitment.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Volker,
an explanation has been requested.
SENATOR VOLKER: Madam President,
this is what's known as the civil commitment
statute. And it has passed this house I
believe on several occasions. In fact, this
is the civil commitment bill that -- the same
bill that we passed last year; that I don't
believe, in fact, that there were any changes
needed this year.
This bill was in response to a
3693
Supreme Court decision in the Kansas versus
Hendricks decision. And it involves sexual
predators, people who are in jail for serious
sex offenses. And just before they are about
to be released from these serious sex
offenses, the agency that -- an agency is to
assess them.
And what this bill does is set up
what's called multidisciplinary panels. And
these panels are to review the person and make
a recommendation to a prosecutor's review
committee.
All this has been set up, by the
way, to protect the State of New York,
obviously the constituents as well as the
person who is -- who has been convicted.
Remember, these are all convicted sex people.
And it provides a number of safeguards for
these people, including the right, obviously,
to have a psychiatric examination.
The attorney general, if it's
determined that this person has a -- what is
called a mental abnormality, when that
person -- the attorney general files a
sexually violent predator petition, and a
3694
hearing is held without a jury and by probable
cause -- or -- yeah, probable cause, the
decision is made that that person either
should not be referred on for a jury trial or
if that person, it is decided by probable
cause, does have a problem and is therefore
mentally abnormal and is still a danger to
society, then the person would have a jury
trial within 60 days and would have the right
to counsel.
And a decision would be made by the
jury beyond a reasonable doubt. I point that
out because in fact in the original -- I
believe in the original decision, the Kansas
versus Hendricks decision, that was not
absolutely essential.
The person would then be committed
to a secure psychiatric facility. And there
are several facilities that would fit that
bill. Some mental hygiene advocates were
complaining that these people might be sent
into the general population. Of course,
that's not going to happen. That's pretty
clear.
We have several locations, by the
3695
way, that I'm very much aware of, where people
with serious emotional problems are kept now
in isolation. And the concept would be that
these people would be kept within a
psychiatric facility, but in a separate area.
They would be reviewed every year and have the
right to appeal. There's a whole series of
safeguards in these bills.
I think, frankly, the people who
oppose this generally just oppose it in
principle.
One of the problems here is, of
course, that we have determined and there's
ample evidence that many of the people who are
sexual predators have what amounts to a
long-term disease that appears to continue
throughout much if not all their lives.
And I think the attempt here is
being made to review these people and make a
determination which is fair, not only to the
individual -- because the individual,
remember, can harm themself if he's
dangerous -- but also, I think, fair to the
population at large.
Senator Duane.
3696
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield?
SENATOR VOLKER: Sure.
SENATOR DUANE: Does the bill
address any treatment methods that will go on
while the -- these offenders are incarcerated?
SENATOR VOLKER: Absolutely.
Remember, these people are going to be taken
to psychiatric centers. So that they would be
treated as they are in that center, although
they'll be relegated to a secure facility.
But clearly they'll continue to receive any
treatment that's necessary in the facility
itself.
There's one reason why they'll be
relegated to a psychiatric center in the first
place -- because technically speaking, I
suppose, they could be put in a -- or try to
put them in a prison situation. As you know,
Senator, well, some years ago we had -
although we abandoned the idea of psychiatric
prisons, we still have places in our prisons
where people are held in custody, in effect,
because of their somewhat violent nature.
3697
But this bill does not consider the
corrections side, but considers the
psychiatric side. So that while they would be
in a psychiatric facility, they'd continue to
receive treatment.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR VOLKER: Yes, I do.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I'm wondering
if -- and I don't see it in the bill either -
if there's a way that we can track people
while they are in DOCS in terms of how what
kind of treatment they are receiving while
they're incarcerated before they get up to the
point -- in other words, to see whether or not
any of the treatment that they've received
while they're incarcerated has been
beneficial.
SENATOR VOLKER: No, this bill
doesn't envision -- this is not a test bill or
3698
a study bill. This is a bill that deals with
someone who is what's considered to be
sexually violent predator who's been in jail
presumably for a considerable period of time.
And the bill deals with not the
issue of what they've done while they've been
in prison, but deals with the issue of what
and when they should be allowed to go back
into society. And the real question here is
whether -- that society should be protected.
If they go to a psychiatric center,
they'll continue to get presumably some
assistance. But if they go out into the
public, obviously they're going to be out into
the public and not getting any assistance.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR VOLKER: Yes, I do.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: If that's the
case, then why are we sentencing these people
3699
to DOCS facilities at all? It seems like
that's just a waste of time and they should
just immediately be sentenced to go to a
secure mental hospital.
SENATOR VOLKER: Senator, I think
the problem is, and I assume you're aware -
and as somebody who not only has dealt with
legislation involving these kinds of things
but also has dealt with people that are
criminal in the sense that they understand the
difference between right and wrong -- but the
problem, I think, is that we differentiate
between people who are criminally responsible,
that may have some psychiatric problems, and
people who have psychiatric problems but are
not criminally responsible.
Well, I suppose the answer is that
if the person is not responsible at all, he
belongs in a mental hygiene institution in the
first place.
But the people that we're talking
about have either gone before a jury or pled
or whatever and have been found criminally
responsible already. So that what we're
trying to determine here is as they're about
3700
to be put out into society, whether they have
a mental problem which is sufficient enough to
make them a hazard to the general public at
large.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR VOLKER: Yes, I do.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: Don't we already
have a law on the books that provides that
people be committed to locked mental health
facilities who are mentally ill and who
present an imminent danger to themselves or
others? Don't we already have that?
SENATOR VOLKER: Yes, we do,
Senator. And if somebody, for instance, in a
prison would be determined to be mentally
deficient -- and that is, would be determined
technically to not be able to understand -- it
is arguable that that person could be -- even
out of prison, could be put in a mental health
3701
facility.
One of the problems, obviously, is
the mental health facilities say, We do not
want people who are -- who have criminal
problems in mental health facilities, because
obviously they could be a danger to the
facility.
So you're kind of caught in a
catch-22. The answer is yes, it is certainly
possible that a person could be moved to a
mental health facility. As you well know
better than I do, if you're found at trial not
to be criminally responsible, then you would
obviously, under the law, could be moved to a
mental health facility.
Of course, one of the problems with
that is that there's then a determination made
at some time, which sometimes I think some
people question that that person -- even
though that person could technically have been
criminally responsible, if you're put in a
mental health facility and then let out, you
have another kind of problem.
But the answer to you is yes, there
is a procedure. But not a procedure at the
3702
end of the term to determine whether that
person -- and remember, we're only talking
about a class of sexually violent predators.
And we're talking about only a review. The
kinds of people that will be reviewing these
people presumably would only take those people
that clearly evince a serious problem and
therefore should be looked at.
SENATOR DUANE: And if the
sponsor would yield for a final question,
Madam President.
THE PRESIDENT: Does the sponsor
yield?
SENATOR VOLKER: The sponsor
yields.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: Thank you.
One of the concerns I have is this
bill will set up a situation where an attorney
general or others can receive confidential
medical records. Is that not the case with
this legislation?
SENATOR VOLKER: Well, yeah, I
suppose the attorney general could receive
3703
confidential medical records. Because a
person in prison -- right now I believe you
can get medical records if it's considered to
be for that person's own good.
And remember that the attorney
general is already down the line. There are
already groups that are part of the agency
that have looked at this person's situation,
literally before you ever get to the attorney
general.
The attorney general actually makes
a decision based on recommendations of
these -- this interdisciplinary agency that -
or group that determines whether the attorney
general -- or recommend. Because the attorney
general -- even under the recommendation, the
attorney general could presumably decide not
to move on that person if they so choose.
SENATOR DUANE: Madam President,
even though I said the last one was the last,
I just want a clarification of this, if I may.
If the sponsor would yield.
THE PRESIDENT: Does the sponsor
yield for a final clarification?
SENATOR VOLKER: The sponsor
3704
yields for a final clarification, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane, with your request for a final
clarification.
SENATOR DUANE: Thank you.
My understanding is that in fact
you can't share confidential medical
information with inappropriate people -- for
instance, an attorney general. And I'm just
wondering if the sponsor would look into that
part of the law to see. Because if it is
happening, it shouldn't be happening, as I
understand it.
SENATOR VOLKER: Let me just say,
Senator, I think you're wrong. I don't
think -- I think you're right, that for no
reason you can't just release medical
information.
Except this is not for no reason.
This is part of a systematic decision on
whether this person could be a danger to
himself or herself or those people that he
would be or she would be released to.
So the answer is generally speaking
3705
you would not release this information, except
this information would only be in pertinence
to whether this person could be a danger to
himself or to someone else on the outside.
SENATOR DUANE: Thank you.
Madam President, on the bill.
I do, on the principle of this,
object to this legislation. I do think we're
walking down a dangerous path depriving
someone of liberty solely based on the fact
that they have a condition or they're
predisposed to commit certain acts.
I understand and I think that the
safeguards are laudable. But they don't in
any way provide a remedy for depriving someone
of liberty because of a condition that they
might have.
I mean, you could argue that
someone that is at risk of being an alcoholic
should not be given a driver's license. And
though I know that's extreme as compared to
what this does, it does apply to the same
principle.
I mean, I think that one of the
things that sets us apart in our justice
3706
system is that we detain people based on what
their crime has been. There's a time limit on
that, and there's due process connected to
that.
This bill takes away those
protections. And granted, for people that
have committed a heinous offense. But it
still takes away protections which I believe
we guarantee to all Americans and we certainly
should be providing to people in New York
State.
I also think that getting to this
point is somewhat of an indictment of the
mental health services that are provided in
correctional facilities. I don't think
there's anyone here that could say that we're
providing an adequate level of mental health
services in our correctional facilities. And
this bill basically admits that and says that
we're defeated in that area.
I think that if we cared more about
the treatment that people got while they were
incarcerated that there wouldn't be as strong
a necessity for this kind of legislation. And
I also think that it's wrong to allow
3707
laypeople, even if they're law enforcement
people, to look at a person's confidential
records.
So while I certainly sympathize
with what the intent of this legislation is, I
still think that it's way too high a price to
pay in terms of how we feel as a society. And
I also think that it abrogates our
responsibility in terms of the kinds of
treatments which we should be looking for for
people who are convicted sex offenders. I
haven't given up yet, and I think this bill
has us as a society and as a state give up.
Thank you, whoever. I could keep
going for a while if you -- thank you, Madam
President.
THE PRESIDENT: That won't be
necessary, Senator Duane.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield to just two
questions?
THE PRESIDENT: Does the sponsor
yield?
SENATOR VOLKER: Yes.
3708
THE PRESIDENT: Senator
Dollinger, you may proceed.
SENATOR DOLLINGER: Through you,
Madam President. The first question is, could
you describe the kinds of facilities that are
going to house these predators? I mean, is it
the intention of this bill that they would be
included in the general prison population?
SENATOR VOLKER: No.
SENATOR DOLLINGER: I assume that
all we have to do is prevent them from being
out in the general public. I mean, they
shouldn't be confined in cells or have the
other restrictions of a normal prisoner.
And my second question, Madam
President -- and I'll ask Senator Volker to
address it -- is, what's the cost? I know the
bill says we don't anticipate significant
costs in this year or the year that this bill
becomes law.
But this obviously envisions a
significant population of a sort that would
have to be housed at some either psychiatric
hospital or someplace with maximum security
outside the walls or inside the walls versus
3709
outside, but not a lot of restrictions inside
the walls. Which is unlike most of our
current prison populations.
SENATOR VOLKER: Well, first of
all, Senator, is you have to understand, these
would not be at a prison. They would be in a
psychiatric facility. And the two facilities,
as my former Mental Health chairman says,
would be at either Mid-Hudson Psychiatric
Center or the Kirby Forensic Center.
No, they would not go into a
prison. Because once they have been cleared
from the prison setting, that is, then they
would go a psychiatric setting and to a secure
psychiatric setting. One of the changes in
this bill is to make that very clear.
The second question, as to cost,
well, nobody can say exactly what the cost
would be. One of the things we do in this
bill is to make it very clear that any cost
will be on the State of New York and not to
any of the localities. Because the original
bill did not make that clear, and there was
some real concern that the localities might be
tabbed.
3710
But we're not talking about a huge
number of people here. It's hard to calculate
what the cost would be. And I've heard
numbers of just the possibility that, for
instance, if you took the numbers of sexually
violent predators that might be coming out in
any one year, it would probably be maybe a
dozen or two dozen. And the cost would not be
extremely high.
And of course when you're dealing
with this kind of thing -- and we're hoping
that the numbers of sexually violent predators
obviously will decline -- you're talking about
a significant risk factor.
And I think it's always easy for
somebody to say, well, you know, we have to
worry about people's constitutional rights.
And I do worry about it. I also worry about
the constitutional rights of the people who
maybe on the outside may be affected by these
people.
SENATOR DOLLINGER: Thank you,
Madam President.
I've voted for this bill in the
past. I'm going to vote for it again. I
3711
still think, however, the question of where
these facilities are going to be, how many
people are going to be housed in them, and
what the cost is going to be is really an
unanswered question and something that we will
have to come back to if this bill becomes law.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I was out of the chamber when
debate started, but I am very pleased to be
able to rise and speak in favor of this piece
of legislation.
I have a long history of interest
in this particular subject. And I want to
thank Senator Volker and compliment the
Governor for having taken up the cause and
making sure that we will have something this
year that we hope will pass both houses and
become permanent law in the State of New York.
I first introduced a piece of civil
commitment legislation back in 1991. At that
3712
time, we could have been the first state in
the nation to have such a piece of
legislation. Kansas followed soon after, and
the state of Washington also has civil
commitment legislation. Other states have
later come on line. But it's the Kansas piece
that is the standard now that has met the test
of the Supreme Court of the United States.
And upon that, we have based most of this
legislation.
And I'm satisfied that virtually
all of the questions that have been asked,
thoughtful questions that have been asked by
some members of this chamber, have already
been anticipated and are in fact addressed
within this measure.
Just to recap some of the reasons
why we need to have civil commitment for
violent sex offenders upon completion of their
terms. It is not uncommon in the criminal
justice system for an inmate who has been
sentenced and served his term for rape,
sodomy, various forms of child abuse, and
other acts of extreme and cruel violence, it
is not uncommon for those inmates, upon their
3713
release or shortly before their release, to
threaten that they intend to go out and commit
the same or additional crimes.
Imagine how terrible it is for the
people who are responsible for their handling
while they are incarcerated to know that there
is no means by which they can be supervised or
monitored when they are released.
And most of the sex offenders in
this state, as in other states, serve the full
term of their sentence and are released not on
parole, but they max out. Parole boards are
understandably uncomfortable about releasing
sex offenders. They want them to serve the
full amount of time. The public demands that
they serve the full amount of their time. And
it almost never seems like enough time to the
victims and to the families of the victims of
sexual offenses.
But having said that, we know
beyond any shadow of a doubt that most sex
offenders will serve their time and then they
will be out on the street. It is only the sex
offenders who have indicated that they want to
continue the criminal activity that put them
3714
there in the first place or they are incapable
of making a decision between right and wrong
and that they pose such a threat to society
that they are dangerous, violent predators.
Those are the people who will be facing the
civil commitment charge that we now have
before us.
It's not a large number of people.
In the state of Kansas, it's a few dozen. In
the state of Washington, it was not many
more -- one or two a year. And they have an
annual review and sometimes a more-often
opportunity to be evaluated, to see if they
are now capable of being released to society
without any grave risk.
If they pass a means test, if they
are evaluated by psychological experts -- not
the criminal justice system, not the judge,
not the district attorney, not even the
victims -- if they are evaluated by those
medical and psychological experts and deemed
to be safe for society, then they can be
released and should be released.
But I believe we owe it to the many
victims of this state who have lived in fear
3715
upon learning that a dangerous sexual predator
who had committed acts of unspeakable violence
in the past and was going to be released with
the almost certainty that he would commit them
again, we owe it to those people to find an
alternative to turning those dangerous
criminals loose on the street.
And I'm proud to have my name as a
sponsor of this legislation, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Dollinger, to explain your vote.
SENATOR DOLLINGER: Madam
President, just briefly to explain my vote.
I appreciate Senator Hoffmann's
comments about the bill that she introduced
when she was a Democrat in this house and that
has finally become law. I think that is a
good progression. It's something that happens
3716
a lot in this house. Ideas are planted on
this side of the house, and they're harvested
on the other side of the house.
I would suggest to Senator Hoffmann
and others on the other side of the house,
there are a lot of things that we can be first
in the nation with if we took ideas that
started in the Democratic side of the house
and they could germinate their way into full
plants on the other side of the house within a
single year.
I think it's a wonderful trend. I
commend Senator Volker. I've voted for this
bill in the past. I think we bring ideas to
the table and they can become law. I think
this is a good progression.
And, Senator Hoffmann, I look
forward to your vote when we move to discharge
bills that will make us first in the nation on
all kinds of things, because that's the way
the process is supposed to work.
THE PRESIDENT: Senator Hoffmann,
to explain your vote.
SENATOR HOFFMANN: Would Senator
Dollinger yield for a question, please?
3717
SENATOR DOLLINGER: Madam
President, I believe we're at the roll call.
THE PRESIDENT: We're on a roll
call, Senator. If you wish to explain your
vote, you may at this time.
SENATOR HOFFMANN: Yes, I'll be
happy to. I would just like to explain my
vote. I'll wait till my name is called.
THE PRESIDENT: Do you wish to
explain your vote now, Senator Hoffmann?
SENATOR HOFFMANN: Yes.
Perhaps Senator Dollinger would be
inclined to help with the other house, where
we obviously need a few people who share his
sense of encouragement that this is now
passing here.
I'm delighted to hear that Senator
Dollinger is now enthusiastic about some of my
earlier efforts. I don't think back in 1991
when I first introduced this measure that I
had a great deal of support from that side of
the aisle. As I recall, most of the support
and encouragement I had was from this side of
the aisle.
THE PRESIDENT: The Secretary
3718
will announce -- Senator Duane, to explain
your vote.
SENATOR DUANE: Thank you. I'm
just so filled with good cheer in this house
now of all the help that we're giving to each
other. And I'm hoping that Senator Hoffmann,
since she's also a sponsor of the hate crimes
legislation, will give us the same kind of
help on that that she did on this particular
piece of legislation.
And then, frankly, in the future,
though this is the civil commitment
legislation, I'm looking forward to all of us
working on a civil union piece of legislation,
which I was originally confused about. I
thought we were already up to Vermont here,
but I guess that will take a little bit of
time.
But I'm going to also continue to
vote no on this piece of legislation, Madam
President.
THE PRESIDENT: Senator Hoffmann,
you will be recorded as voting in the
affirmative on this bill. And Senator Duane,
you will be recorded as voting in the
3719
negative. And Senator Dollinger will be
recorded as voting in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
960, by Senator Larkin, Senate Print 7154, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law, in relation to licenses for
participants.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Larkin,
an explanation has been requested.
SENATOR LARKIN: Yes, Madam
President. This bill is a simple bill. It's
something that we've done before.
It exempts seasonal employees who
work solely at the Syracuse Mile from
licensing fees and requirements. The entire
meet lasts a total of five days, yet employees
are subject to the same licensing requirements
3720
and process as permanent and long-term
employees.
Chapter 347 of the Laws of 1994
provided a similar exemption for seasonal
employees of the Saratoga Racetrack.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Yes, Madam
President. I just think we're starting on a
sort of a slippery slope here on removal of
the need for licensure.
I just feel, in light of the
legislation which we had yesterday, or
whenever it was, on the hunts, that this
removal of licensing shouldn't be done in this
kind of a piecemeal kind of fashion. I
actually think we should look at all of these
licensing issues and do it in a more
comprehensive fashion.
3721
I'm going to vote no on this one
because I have a feeling it's just going to be
one of several pieces of legislation that
we'll be voting on, and I think we should be
looking at them all at once.
I also don't think it's such a bad
idea to have licensing even for people who are
going to work for less than six weeks. I
think we have a responsibility to keep a close
eye on what happens at racetracks around the
state.
Thank you, Madam President.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
973, by Senator Padavan, Senate Print 6743, an
act to amend the Real Property Actions and
Proceedings Law, in relation to the new owners
of buildings.
SENATOR DOLLINGER: Explanation,
please.
3722
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
Article 7A of the Real Property
Actions and Proceedings Law provides a
mechanism where property liens against
abandoned property can be forgiven if that
property is taken over by a not-for-profit or
a for-profit entity and rehabilitated. The
obvious intention is to maintain and expand
existing housing stock.
Now, what this amendment would do
is ensure that that new owner has no
relationship connection or any interest
whatsoever with the original owner upon whom
the lien was placed.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
3723
passed.
THE SECRETARY: Calendar Number
981, by Senator Spano, Senate Print 1466, an
act to establish immunity from liability for
not-for-profit organizations.
SENATOR DOLLINGER: Explanation,
please.
THE PRESIDENT: Senator Spano, an
explanation has been requested.
SENATOR SPANO: Yes, Madam
President. Individual volunteers are already
protected under the Federal Volunteer
Protection Act of 1997. What this bill would
do is call for immunity for nonprofit
organizations, if a person is attending or is
a part of a boys' and girls' club and is
injured during the course of that activity.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield for a
question?
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
3724
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Do I
understand this bill -- through you, Madam
President -- that anyone who is involved in
volunteer activities would be exempt from
liability for their negligent conduct?
SENATOR SPANO: For the
organization itself. Right now, the
individual volunteers are already covered
under the federal act.
And you want me to tell you where
this came from, Senator Dollinger?
SENATOR DOLLINGER: Yes, Madam
President.
SENATOR SPANO: This bill arose
in response to a lawsuit that was filed
against a boys' and girls' club in the City of
Yonkers by the parents of a 10-year-old boy
who was accidentally struck by a bat while on
the deck circle.
So what we're dealing with here is
the valued youth programs that we have would
be bankrupted as a result of this. And we're
all -- they're all volunteers, they're all
3725
volunteer coaches, they're all volunteer,
not-for-profit organizations. We said that
they should have the same protection standard
that is given to the individual volunteers.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DOLLINGER: Do I
understand, through you, Madam President, that
the organization would be immune from civil
liability for the conduct for anyone who was
injured -- in the description that you just
made, a bat gets discarded by a hitter while
he's running to first base, the batter in the
on-deck circle gets hit by the bat, and then
there's no claim against the owner of the
property or the sponsor of the event; is that
correct?
SENATOR SPANO: They would not be
liable for any ordinary child play. You know,
3726
if there's willful criminal misconduct, gross
negligence, reckless misconduct, or conscious,
flagrant indifference to the rights or safety
of an individual, then they would be covered.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DOLLINGER: In the
example that you just described, what would
happen if the on-deck circle were within 20
feet of the plate and were in the normal area
where the bat would be discarded? In other
words, what happens if the field is structured
in such a way that the on-deck circle happens
to be where everybody throws their bat?
Shouldn't the owner of the property
or the sponsor of the activity take -- have
some responsibility to protect the batter in
the on-deck circle?
SENATOR SPANO: Well, if it's the
3727
owner of the property, say, if -- in the
cases, say, of most of our boys' and girls'
clubs, if it's a municipality, then I think
the municipality could be held to -- a parent
could sue the municipality if that were the
case. It just would hold the boys' and girls'
club away from that type of a lawsuit.
We've had -- I mean, a lot of us
over the last several weeks who have
attended -- I've attended dozens of boys' and
girls' clubs openings. And each of them have
said to me that "We need some protection in
the law to protect us from going out of
business by some type of a lawsuit that would
be ordinary child play."
And that's what we're designing to
do. We're not designing to take away a
person's right to sue if there's a willful
negligence or the other standards that are
included. And we're not trying to take a
person's right away if a -- an occurrence
happens on the grounds of a park or some
private property. They would have that right.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
3728
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed.
Senator.
SENATOR DOLLINGER: In your
judgment, Senator Spano, who should bear the
consequences of the little boy getting hit by
the bat? Should the boy have no claim against
anyone, or should he be allowed to recover
from someone if he happens to be in a place
where it was reasonably foreseeable that the
discarded bat would go?
SENATOR SPANO: Well, if the -
right now, if the individual volunteers, if a
coach was there and if a child was hurt by a
coach, those individual volunteers would be
covered under the federal law.
What we're saying is why not have
the boys' and girls' clubs covered as well.
Unless they were willfully putting a child in
danger.
SENATOR DOLLINGER: Okay.
Through you, Madam President, on the bill.
3729
Just on the bill, Madam President.
THE PRESIDENT: On the bill,
Senator.
SENATOR DOLLINGER: Thank you.
Senator Spano, I appreciate the
laudable goal of your legislation. Which is
to say that the sponsoring organization who's
involved in setting up a Little League program
or a football program or a soccer program
should not be held liable when one of the
athletes -- a child, in most cases -- gets
hurt.
And putting aside for a second the
wisdom of the federal law, which says that you
can't sue the volunteers who are the coaches
or the umpires or anyone else involved in the
league.
It doesn't seem to me fair if the
child who throws the bat is not liable and if
for some reason the property owner doesn't
have liability insurance, that a child who's
injured by a discarded bat or a child who is
injured by a defective helmet or a child who's
running on a soccer field that's loaded with
rocks or a child who runs into a pole on a
3730
soccer field, on a goalpost, because it's not
padded, or a child who's standing in the
on-deck circle -- which, in the Little Leagues
that I represent, they don't let children
stand in the on-deck circle anymore, because
it's far too dangerous because everybody knows
that foul balls go whipping through the
on-deck circle and that every player who's
under 10 years old, when he gets the first
base hit of his life, throws that bat away
like a tomahawk, he's so happy.
And it seems to me you put the
child in an on-deck circle at risk. You put
the child playing on a field which has rocks
and stones, you put them at risk. You take
the child whose goalpost isn't padded or
soccer post isn't padded. And what we say is
that the sponsoring organizations have no
liability if it's reasonably foreseeable,
reasonably foreseeable to an average person.
That's what negligence -- not
active negligence, not willful negligence,
that's what negligence is all about. You see
something that might be dangerous, and you do
nothing about it.
3731
I would suggest that we should not
impose that standard in New York. We have set
up a tort system that says children deserve
the same protection as everybody else. If
you're negligent in the operation of a car and
you run into somebody else's car -- you didn't
intend to do it, you didn't willfully do it,
but you ran into them, then you can recover
against them.
I would suggest that children that
we place under the guidance of the boys' and
girls' clubs or the Boy Scouts or the Girl
Scouts -- or, for that matter, the St. Thomas
More 8th grade softball team -- I would
suggest that those parents have an obligation
to buy liability insurance for their kids so
that if a child gets hurt, he doesn't have to
look around for a pot to recover and, if he
can't find one, then twenty years later when
he bears the scar on his face or he bears the
broken ankle or he bears the torn ligament
because someone threw a bat through the
on-deck circle, I would suggest he shouldn't
have to say, "You know, I could never sue
anybody for that because I was told that they
3732
were immune from a civil lawsuit even though
my injury was reasonably foreseeable." I
would suggest that's bad public policy.
THE PRESIDENT: Senator Coppola.
SENATOR COPPOLA: Madam
President, on the bill.
It's been my experience with
municipalities that the cities look for
organizations to have insurance and hold the
cities harmless because of they're
self-insured and there's so many lawsuits
against the cities.
And I'm worried if this bill goes
through, what will happen is it will deprive
all of the kids from playing on the public
grounds because the cities will not allow them
to because of the insurance and the lawsuits
that could happen.
I understand and I applaud Senator
Spano for trying to relieve some of the
financial burden on the boys' and girls'
clubs, but I think this is the wrong way to do
it. I think there are other methods of
helping them insure themselves.
Because what's going to happen is
3733
the local towns and villages and cities are
not going to allow them there if they don't
have insurance and if they don't cover
themselves.
That's why I'm voting against this.
SENATOR HEVESI: Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Will the sponsor
yield to one question, please?
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR HEVESI: This is a very
straightforward question, just so I'm clear on
this. And I appreciate the debate, and I
understand the intention of the legislation.
If this bill were to become law,
would it exempt from civil liability a
nonprofit which has been negligent in the
course of their offering youth services or any
other type of services?
SENATOR SPANO: No. No. If they
were negligent, if they were negligent, they
3734
would not be exempt. If there was no guidance
and it was an unsupervised activity, they
would not be exempt.
If they -- let me answer a couple
of -- if it was a padded pole -- there was no
padded pole, that would be gross negligence.
If it was a defective bat, they could sue the
manufacturers.
All we're doing is a very simple,
ordinary thing. Regular, ordinary negligence
that would not be liable for ordinary child
play.
SENATOR HEVESI: Madam President,
if the sponsor would yield for one additional
question.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator Hevesi.
SENATOR HEVESI: Let me just give
you one hypothetical example and see if this
legislation would address it.
A local sports youth league which
sponsors a basketball league rents out a
3735
gymnasium in a public school and the
sponsoring entity, which is a nonprofit, which
would be one of the organizations that your
legislation covers, invites hundreds and
hundreds of children into that facility.
There is proper supervision, but
they should never have invited so many
children into that a facility. There's a rush
at the door or there's some kind of mad push
inside the gym as a consequence of having too
many kids in the gym. That's the fault of the
entity which invited all the kids. And there
are kids that are hurt.
Does your legislation prevent some
child's parent from suing the organization in
that instance?
SENATOR SPANO: Our intent is to
cover those activities only during the sports
activity.
It would appear under that
hypothetical situation that that would be -
that would be covered under reckless
misconduct if they would allow more than the
allowed number of people into that gymnasium,
and therefore it wouldn't be covered.
3736
SENATOR HEVESI: Therefore, it
wouldn't be covered?
SENATOR SPANO: Would not be -
SENATOR HEVESI: Exempt?
SENATOR SPANO: Would not be
exempt.
SENATOR HEVESI: Okay. Thank
you, Madam President. Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Balboni,
to explain your vote.
SENATOR BALBONI: Madam
President, I just want to explain my vote by
saying that for years in the Assembly I
watched a forest of hands go up in opposition
to the measures like this. I'd like to
congratulate Senator Spano.
Early on, these were bills that
sought to provide some parity, sought to
provide some protection for our neighbors.
3737
What the bill is doing now is reversing a
trend that we're seeing. Nobody is joining
anything anymore. Nobody is volunteering for
anything. We are losing the ability to
attract people to come and participate in our
communities because we stand on our soapboxes
of saying that we can't have any changes to
the way the law is now.
And what this is doing, it's trying
to effect a balance between responsibility and
social interaction. I think Senator Spano's
bill is a very good attempt at doing that. I
think it sends the proper message to our
communities that it's still okay to volunteer.
Because, as busy as we all are, all
you have to do is throw the threat of a
lawsuit out at somebody and they say, Thank
you, I'll find a million other things to do.
And the losers are our children.
I vote in favor of the bill, Madam
President. Thank you.
THE PRESIDENT: Senator
Dollinger, to explain your vote.
SENATOR DOLLINGER: Just to
explain my vote. I couldn't pass up the
3738
opportunity, I so look forward to Senator
Balboni talking on the floor.
I couldn't disagree with Senator
Balboni more. This bill sends a message to
organizations that it's okay to be careless
with our children because when we try to sue
you to recover, you're going to be immune from
liability.
I would just suggest the negligence
standard, which Senator Balboni is well
familiar with, simply says use reasonable care
under the circumstances and you don't have to
be sued by anyone. It seems to me that that's
the fair thing to do.
And I would suggest, while I want
to boost volunteerism, I'm not going to do it
at the sake of having children who come to me
and say, "We can't sue the volunteer because
the federal law took that away, and we can't
sue the sponsoring organization because state
law took that away." I would suggest that
that is not good public policy.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I think
3739
just about every one of these organizations
has heard of an area to protect yourself, and
that is by way of purchasing insurance. And
so if somebody gets hurt and the organization
has insurance, that individual is able to get
compensated for the negligence, just like in
any other case.
All this really does is send up a
message that you don't need to buy insurance
anymore and you don't need to protect anybody
who gets injured in your organization, even if
somebody did something they shouldn't have
done. I think that's really the wrong thing
to do, and that's why I'm voting no against
this.
THE PRESIDENT: You will be so
recorded as voting in the negative on this
bill, Senator DeFrancisco, as will Senator
Dollinger. Senator Balboni will be recorded
as voting in the affirmative.
Senator Volker.
SENATOR VOLKER: Madam President,
I wasn't going to speak, but I think, since I
listened to this colloquy and since I'm the
sponsor of civil justice reform -- which I
3740
understand has got some problems because of
the surge of groups that are supporting the
trial lawyers' position.
Let me just say that what Senator
Balboni said about volunteerism is absolutely
true. Everyone is frightened of lawsuits.
And the idea that some of these groups can
purchase insurance -- insurance which, by the
way, is becoming increasingly out of the realm
of possibility for many of these groups
because the numbers of lawsuits have become so
outrageous, that the situation is becoming
frankly very critical.
I know of some so-called volunteer
groups who no longer sponsor youth events, who
no longer sponsor amateur baseball leagues and
things of that nature because they're so
fearful and they have been sued already and
they have had judgments recovered against
them.
I think the answer is we had better
take a look at some of these issues. And I
understand that there are a lot of trial
lawyers and people who have looked at this and
said, you know, it's a better way, to sue our
3741
way to a better society. It just doesn't
work. And I think sooner or later we're going
to realize that. And I think this bill is a
realization of one of those issues.
I vote yes.
THE PRESIDENT: You will be so
recorded as voting in the affirmative, Senator
Volker.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 98 are
Senators Connor, Coppola, DeFrancisco,
Dollinger, Duane, Gentile, Hevesi, Lachman,
Markowitz, Meier, Onorato, Rosado, Sampson,
Schneiderman, A. Smith, M. Smith, and
Stavisky. Ayes, 43. Nays, 17.
THE PRESIDENT: The bill is
passed.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could call
up Senator Goodman's bill, Calendar Number
1073, at this time.
THE PRESIDENT: The Secretary
3742
will read Calendar 1073.
THE SECRETARY: Calendar Number
1073, by Senator Goodman, Senate Print 7119,
an act to amend the Public Buildings Law, in
relation to authorizing the Commissioner of
General Services.
SENATOR DOLLINGER: Explanation.
THE PRESIDENT: Senator Goodman,
an explanation has been requested.
SENATOR GOODMAN: Yes, Madam
President. This bill seeks to extend to 15
years from the present term of 10 the ability
of General Services to enter into leases.
Its purpose is that the
Commissioner of General Services would now be
given the necessary authority to successfully
compete and secure space for executive
department agencies in situations where the
state has difficulty competing with the
private sector.
SENATOR DOLLINGER: Thank you,
Madam President. Explanation satisfactory.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3743
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1007, by Senator Skelos, Senate Print 7034, an
act to amend the Criminal Procedure Law, in
relation to eliminating the statute of
limitations for Class B violent felonies.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Skelos,
an explanation has been requested.
SENATOR SKELOS: Madam President,
this is a governor's program bill which would
eliminate the statute of limitations for Class
B violent felonies.
SENATOR DUANE: Would the sponsor
yield?
THE PRESIDENT: Does the sponsor
yield?
SENATOR SKELOS: Yes, Madam
President.
3744
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: I'm wondering why
in this bill there's no inclusion of DNA.
SENATOR SKELOS: That's another
bill that Senator Volker is carrying.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR SKELOS: Yes.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: The reason that
we have the statute of limitations is that,
you know, over time evidence can be lost or
destroyed and, you know, witnesses' memories
can become fuzzy. It seems to me that that's
the reason why we have those statute of
limitations.
Are there any circumstances under
which you think there should be a statute of
limitations?
SENATOR SKELOS: I'm dealing with
3745
Class B felonies, violent felonies. And I
don't believe there should be a statute of
limitations on Class B violent felonies.
SENATOR DUANE: Thank you. Thank
you.
Madam President, on the bill.
I mean, there's a reason that we
have a statute of limitations in law, and that
is to be able to protect defendants from
unwarranted prosecution based on evidence
which may have disappeared or has been tainted
or eyewitnesses that -- or witnesses that just
can't remember clearly what's gone on.
If we used DNA as part of it, I
would certainly be in favor of this, because
that would both protect the ability of the
prosecution to do an adequate job and provide
for the defense to be able to prove the
innocence or to have a better chance of
proving the innocence of someone who has been
charged.
But I don't think that we should be
tampering with the statute of limitations
except in cases where we would have DNA
evidence, because that would both prove
3746
innocence and could potentially prove guilt.
So on this I would vote no. But I
am looking forward to seeing legislation with
DNA attached to it.
Thank you, Madam President.
SENATOR HEVESI: Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Madam President,
on the bill.
THE PRESIDENT: On the bill.
SENATOR HEVESI: Thank you, Madam
President.
I appreciate Senator Duane's
comments and concerns. And I believe that DNA
testing is one of the reasons why eliminating
the statute of limitations on B felonies is
particularly important.
Additionally, it's because we're
racing against the clock in many instances to
perform DNA analysis. And the perfect example
is in New York City. There is a warehouse in
Long Island City -- not in my district, but
very close -- where there are thousands of
untested rape kits which in the process of
being tested and the funding for those rape
3747
kits, the testing of those rape kits is
forthcoming, but there's been significant
delay.
And it's very possible that unless
the statute of limitations is eliminated, if
you have not completed the DNA analysis and
the five-year period elapses if after that
five-year period elapses and we have not made
this legislation law, you could then go
theoretically, test a rape kit, identify the
suspect based on DNA and apprehend that
suspect, know that he committed the crime and
be unable to prosecute him.
So I guess actually you would not
be able to arrest that individual, but you
would certainly know that there's a rapist out
there who committed a crime after the five
years elapsed and you couldn't do anything
about it.
And I think in this day and age,
with the advances in DNA technology and all of
the other advances in law enforcement that
we've seen for the most heinous crimes -- and
B felonies are some very, very serious
offenses -- I think the interests of justice
3748
weigh in favor of eliminating the statute of
limitations despite the fact that there are
some arguments in terms of preserving the
ability of an individual to defend himself.
So I want to commend Senator Volker
and Senator Skelos and the Governor for
bringing this legislation forward, and I hope
to be commending Speaker Silver for his
support of this legislation. We need to do
this immediately so that we continue to
protect the citizens of New York State.
Thank you. I vote aye.
THE PRESIDENT: Senator Smith.
SENATOR ADA SMITH: Madam
President, would the sponsor yield for one
more question?
THE PRESIDENT: Does the sponsor
yield for a question?
SENATOR SKELOS: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR ADA SMITH: Thank you.
Could you tell us if the District
Attorneys Association have taken a position on
3749
this legislation?
SENATOR SKELOS: I have no
opposition to this. I have received no
opposition.
SENATOR ADA SMITH: Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Thank you, Madam
President.
If the legislation did have a
carve-out for where the DNA samples existed, I
would be inclined to vote for it. But that is
not what's in this bill. This bill is just a
blanket extension without any mention of DNA
evidence.
And so I think that this bill,
though well-intentioned, is not crafted for
what technology we have available today. I
would vote for it, most likely, if there was a
3750
carve-out where DNA exists. But that does not
exist in this legislation. And I can't in
good conscience vote to eliminate statute of
limitations without that proviso in it,
because it doesn't provide an equal level of
protection to both the defense and the
prosecution.
So I'm continuing in my opinion
that this is not a good piece of legislation,
though well-intentioned.
Thank you, Madam President.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator
Duane.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1014, by Senator Volker, Senate Print 7438, an
act to amend the Criminal Procedure Law, in
relation to extending the jurisdiction.
THE PRESIDENT: Read the last
3751
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Thank you, Madam
President.
I'm actually going to vote for this
bill. I just wanted to make mention of the
fact that normally I vote no on providing
peace officer status and peace officer bills
for the liability issues. However, this
legislation deals with New York City officers,
who are already indemnified. And so for that
reason, I'm going to vote yes on it.
I raised this question during the
committee meeting, and I want to thank the
Government Affairs Office of the Mayor of the
City of New York for getting back to me with
responses to my concerns. And I will be
voting yes on it.
Thank you, Madam President.
THE PRESIDENT: You will be so
3752
recorded as voting in the affirmative, Senator
Duane.
Senator Volker, to explain your
vote.
SENATOR VOLKER: No, that's okay.
(Laughter.)
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1027, by Senator Maziarz, Senate Print 6816A,
an act to amend the Highway Law, in relation
to designating a portion of the state highway
system.
SENATOR DOLLINGER: Explanation,
please, Madam President.
THE PRESIDENT: Senator Maziarz,
an explanation has been requested.
SENATOR MAZIARZ: Thank you,
Madam President. Surely.
This legislation would rename the
Exchange Street Bridge in the City of Lockport
the Joseph A. Scapelliti Bridge. Joseph
3753
Scapelliti, the late Joseph Scapelliti was a
good person, he was a former Niagara County
legislator. He ran the neighborhood grocery
store which his family, particularly his son
Dominic, still runs in the lower town section
of the city of Lockport.
And under the great leadership of
Governor George Pataki, millions of dollars
are being poured into the restoration of the
historic Erie Canal, and the Erie Canal is
coming back alive once again. It was allowed,
of course, during the previous administration
to fall into a state of grave disrepair,
including absolutely horrendous treatment of
the Exchange Street Bridge. And under
Governor Pataki, those wrongs of the past are
being righted.
And we want to honor a good man who
really believed in a neighborhood in the city
of Lockport, by naming the Exchange Street
Bridge after him.
Thank you, Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
3754
President, I'll vote in favor of this upon
Senator Maziarz's recommendation.
But I think most of that money
that's being poured into the Erie Canal is
coming from the Secretary of Housing and Urban
Development, a man named Andrew Cuomo, I guess
from a family that's often been talked about
or vilified by one side of the chamber in this
house. And it's good to know that Governor
Pataki and Mr. Cuomo are on the same path.
And I think naming a bridge like
this after a local dignitary in a place like
Lockport is a great idea.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Maziarz,
to explain your vote.
SENATOR MAZIARZ: Thank you,
Madam President.
Just so that there is no
misunderstanding here, I want it to be very
3755
clear that there is not one cent of federal
dollars going into this Exchange Street Bridge
rehabilitation.
Thank you, Madam President.
THE PRESIDENT: Thank you,
Senator Maziarz.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1064, by Senator Maziarz, Senate Print 6815,
an act to amend the Public Officers Law and
the Town Law, in relation to authorizing the
building inspector.
SENATOR DOLLINGER: Explanation,
Madam President.
THE PRESIDENT: Senator Maziarz,
an explanation has been requested.
SENATOR MAZIARZ: Thank you,
Madam President.
There's no way I could blame this
one on the former Governor, I'll tell you that
from the very beginning.
3756
No, as I'm sure that Senator
Dollinger realizes, some of the towns in
Monroe County that I represent are very small,
very rural towns, very small in population.
And it's very difficult at times to fill
positions that require some special
qualifications like building inspector, code
enforcement officer.
And I think it is the desire of
these towns to contract with neighboring towns
to have their code enforcement officers, their
building inspectors and fire code -- fire
marshals to contract with them to provide
services to towns like Clarkson and Hamlin.
And they may even hire somebody from the town
of Greece, Senator Dollinger, although I'm
attempting to discourage that.
SENATOR DOLLINGER: Through you,
Madam President, just briefly on the bill.
I think Senator Maziarz is
absolutely right. There are lots of
communities in this state that don't have the
funds to hire people or that don't have the
persons available inside the community to fill
these bills.
3757
I think this is a sparkling idea of
mandate relief. Let's get rid of this notion
that in every town you need to have somebody
live in the town to provide these services. I
think, Senator Maziarz, you're on the right
track here. Don't do it just for Clarkson, do
it for everybody.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1066, by Senator Alesi, Senate Print 6860, an
act to amend the Alcoholic Beverage Control
Law, in relation to the sale of prepared
liquor drinks.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Alesi, an
explanation has been requested.
3758
SENATOR ALESI: Thank you, Madam
President.
This bill would allow a change in
the existing Alcoholic Beverage Control Law
that would permit license holders of
on-premises alcoholic sales to use a mixing
machine for the continuous mixture of
alcoholic beverages.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
will the sponsor yield?
THE PRESIDENT: Does the sponsor
yield?
SENATOR ALESI: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: Under this
legislation, can a person just go in with a
cup and fill it up with a pina colada and get
out there on the street or in their car and
enjoy it?
SENATOR ALESI: Through you,
Madam President. No, this is designed for the
authorized bartender or employee of the
3759
establishment to use the machine for the
purposes of mixing the drinks and servicing -
or serving them by dispensing them through
that machine.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR ALESI: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DUANE: As I understand
it, already in a bar they can have these
machines. What this would do is to allow, for
instance, a liquor store to have one of these
machines and you could just have a fountain of
margaritas now pumping out this beverage, you
know, night and day; is that correct?
SENATOR ALESI: That's correct,
Senator.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
3760
THE PRESIDENT: Does the Senator
yield?
SENATOR ALESI: Yes, gladly.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DUANE: And there's no
provision for how it is that you would -- what
kind of containers you could take this
delicious alcoholic iced blender beverage out
into the community?
SENATOR ALESI: Madam President,
through you. All of the laws that would apply
to someone purchasing on-premises alcoholic
beverages for consumption on the premises
would apply in this case.
This is simply allowing for another
instrument to be used to increase the
productivity in a high-volume bar where a
themed drink is offered.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR ALESI: I'd be happy to.
3761
THE PRESIDENT: You may proceed
with a question, Senator Duane.
SENATOR DUANE: But this bill
provides for, for instance, a liquor store
could sell this beverage?
SENATOR ALESI: Madam President,
through you. The bill clearly states
on-premises consumption.
And those establishments that are
licensed, it simply adds to or takes -- it
specifies that with the new technology
available for mixing these kinds of drinks,
unlike drinks that would normally be stored -
or I should say beverages that would normally
be stored in kegs and things of that nature -
that were originally identified as early as
1934, right after Prohibition, to be
potentially harmful to the public because they
might be adulterated -- this simply says that
in this day and age that this kind of an
instrument would be suitable.
And that's why we're including it
in the bill.
SENATOR DUANE: Thank you.
Madam President, on the bill.
3762
I can't help but mention that a
very popular song having to do with pina
coladas and beaches and walking in the rain is
running through my mind as I think about this
legislation. And I have a feeling I will go
to sleep tonight humming that song to myself.
But that said, I just don't think
we want to be a party in this state to having,
you know, pina colada parties in liquor stores
or margaritas -- you know,
bottomless-cups-of-margarita parties in liquor
stores in this state.
I think there's a place for that in
our bars and taverns and even restaurants.
But the specter of, you know, happy hour at
Joe's Liquor Store just doesn't seem like the
way that we should be going.
So I'm going to recommend a no on
this piece of legislation, and maybe we can
come up with another one, and another song.
Thank you, Madam President.
THE PRESIDENT: Senator Onorato.
SENATOR ONORATO: Madam
President, would the sponsor yield to a
question?
3763
THE PRESIDENT: Does the sponsor
yield?
SENATOR ALESI: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR ONORATO: Senator, I'm a
little bit confused from what I'm hearing.
Now, will your bill now allow for the
consumption of the alcoholic beverages within
the retail liquor establishment rather than an
established restaurant or bar and grill?
SENATOR ALESI: Through you,
Madam President. The bill refers to a
licensed, on-premises consumption of alcoholic
beverages.
SENATOR ONORATO: Again, through
you, Madam President. How would you define an
on-premise license? What would you describe
it as?
SENATOR ALESI: That would be a
restaurant or a bar that has a license for the
on-premises consumption of the products sold
there which are licensed to be sold there
legally.
In other words, if you're asking if
3764
they can be bought there and walked out onto
the street, as I said to Senator Duane, they
are covered under all the existing laws for
every other drink that is sold.
SENATOR ONORATO: Thank you,
Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR STACHOWSKI: To explain
my vote, Madam President.
THE PRESIDENT: Senator
Stachowski, to explain your vote.
SENATOR STACHOWSKI: I'm going to
vote for this bill.
During this debate, I thought I
heard Senator Alesi answer a question saying
you could sell this in liquor stores. And
that doesn't seem to me to be what the bill
does.
The bill allows restaurants and
bars to have these machines which, if you ever
3765
went to the Restaurant Association show, you'd
see that they have all these modern machines
that control the flow, mix the drink and it
comes out, and the bartender saves a lot of
time. It's done so that every drink comes out
the same, the same amount of alcohol.
I don't -- I think I misheard that
answer, or maybe that answer wasn't -- I don't
know if he meant to say that they're going to
sell this in liquor stores. But since liquor
stores are not for-consumption locations, they
couldn't have this machine anyway.
So I'm going to vote for this bill.
THE PRESIDENT: Senator
Stachowski, you will be so recorded as voting
in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I would request unanimous
3766
consent to be recorded in the negative on
Calendar 1007, Senate Bill 7034.
THE PRESIDENT: You will be so
recorded without objection as voting in the
negative, Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
THE SECRETARY: Calendar Number
1099, by Senator LaValle, Senate Print 7767,
an act to amend the Executive Law, in relation
to the submission of arson reports.
SENATOR DOLLINGER: Explanation,
please.
THE PRESIDENT: Senator LaValle,
an explanation has been requested.
SENATOR LAVALLE: Madam
President, last year we passed a very
important bill for the volunteer fire service.
It was the number-one-priority bill that they
had.
That legislation that was signed
into law would provide for the fire chief of a
volunteer fire district to -- for new
applicants coming into the district to be able
to screen and see whether they had a
predilection to setting fires or a conviction
3767
for arson.
That process would go through in
most parts of the state from the fire chief to
the sheriff to DCJS doing the actual check,
and then come back from DCJS to the sheriff or
through the Department of State to the local
chief.
In Suffolk County, rather than the
sheriff's department, traditionally the
Suffolk County Police Department handles the
investigations on arson and handles the
paperwork and so forth. So what we are saying
is we are codifying what happens in Suffolk
County, rather than using the sheriff's
department, to use the Suffolk County Police.
And that is what this bill does.
SENATOR DOLLINGER: Explanation
satisfactory.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
3768
THE PRESIDENT: The bill is
passed.
Senator Morahan, that completes the
reading of the controversial calendar.
SENATOR MORAHAN: Madam Chairman,
may we please return to reports of standing
committees. I believe there's a report of the
Rules Committee at the desk.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1290, by Senator Rath,
concurrent resolution of the Senate and
Assembly proposing amendments to Article 9 of
the Constitution;
1912A, by Senator Volker, an act to
enact the Criminal Procedure Law Reform Act of
2000;
2094B, by Senator Libous, an act to
amend the Vehicle and Traffic Law;
3652B, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
3769
5751A, by Senator Saland, an act to
amend the Vehicle and Traffic Law;
5877A, by Senator Volker, an act to
amend the Banking Law and others;
6937, by Senator Morahan, an act to
amend the Vehicle and Traffic Law;
7846, by Senator Meier, an act to
amend the Vehicle and Traffic Law;
7855, by Senator Trunzo, an act to
amend Chapter 72 of the Laws of 1995;
And Senate Print 6828, by Senator
Mendez, an act authorizing the City of New
York to reconvey.
All bills ordered direct to third
reading.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Move to accept
the report of the Rules Committee, Madam
Chairman -- Madam President, excuse me.
THE PRESIDENT: All in favor of
accepting the report of the Rules Committee
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
3770
THE PRESIDENT: The report is
accepted.
Senator Morahan.
SENATOR MORAHAN: Could we have
the noncontroversial reading of the Rules
report, Madam President.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1178, by Senator Rath, Senate Print 1290,
concurrent resolution of the Senate and
Assembly proposing amendments to Article 9 of
the Constitution.
SENATOR ADA SMITH: Lay it aside.
SENATOR MORAHAN: Lay it aside
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1179, by Senator Volker, Senate Print 1912A,
an act to enact the Criminal Procedure Law
Reform Act of 2000.
SENATOR ADA SMITH: Lay the bill
aside, please.
SENATOR MORAHAN: Lay the bill
3771
aside for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1183, by Senator Saland, Senate Print 5751A,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1184, by Senator Volker, Senate Print 5877A,
an act to amend the Banking Law and others, in
relation to good behavior allowances.
SENATOR ADA SMITH: Lay the bill
aside, please.
SENATOR MORAHAN: Lay the bill
aside for the day.
THE PRESIDENT: The bill is laid
3772
aside for the day.
THE SECRETARY: Calendar Number
1185, by Senator Morahan, Senate Print 6937,
an act to amend the Vehicle and Traffic Law,
in relation to the maximum speed limit on a
certain portion of the Catskill section.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1186, by Senator Meier, Senate Print 7846, an
act to amend the Vehicle and Traffic Law.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Madam President,
could we place a sponsor star, please, on
Calendar 1186.
THE PRESIDENT: The bill is
starred, Senator.
SENATOR MEIER: Thank you, Madam
3773
President.
THE SECRETARY: Calendar Number
1187, by Senator Trunzo, Senate Print 7855, an
act to amend Chapter 72 of the Laws of 1995
amending the Vehicle and Traffic Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1189, by Senator Mendez, Senate Print 6828, an
act authorizing the City of New York to
reconvey its interest.
SENATOR MORAHAN: Lay it aside
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President, is there any housekeeping at the
3774
desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR MORAHAN: Well, I'm the
only one here.
Madam President, on page number 42
I offer the following amendments to Calendar
Number 997, Senate Print Bill 6800. I ask
that the said bill will retain its place on
the Third Reading Calendar. It's by Senator
Skelos.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR MORAHAN: On behalf of
Senator Bonacic, Madam President, on page 58,
Calendar 995, Senate Bill 7127. And I ask
that the bill retain its place on third
reading.
THE PRESIDENT: The amendment is
received, and the bill will retain its place
on the Third Reading Calendar.
SENATOR MORAHAN: Thank you.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: There being no
3775
further business, I move that the Senate
adjourn until Wednesday, May 24th, at
11:00 a.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Wednesday, May
24th, 11:00 a.m.
(Whereupon, at 5:30 p.m., the
Senate adjourned.)