Regular Session - March 5, 2002
928
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 5, 2002
3:11 p.m.
REGULAR SESSION
SENATOR THOMAS P. MORAHAN, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MORAHAN: 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.)
ACTING PRESIDENT MORAHAN: The
invocation today will be given by the Reverend
Peter G. Young, Blessed Sacrament Church,
Bolton Landing.
Reverend.
REVEREND YOUNG: Thank you,
Senator.
May we take a moment first to have
a moment of silence, as we prepare for this,
for reflecting on those who have been killed
in the armed forces.
Let us give recognition to the
servicemen and the women of the 10th Mountain
Division, located in Fort Drum, Watertown, as
well as the many other members of the armed
forces who are facing the dangers of war in
Central Asia. They are in our thoughts and in
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our prayers during this time of conflict.
We ask You to bless them, in Your
name, now and forever. Amen.
ACTING PRESIDENT MORAHAN:
Reading of the Journal.
THE SECRETARY: In Senate,
Monday, March 4, the Senate met pursuant to
adjournment. The Journal of Sunday, March 3,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MORAHAN:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following bills:
Senate Print 401, by Senator
Skelos, an act to amend the General
Obligations Law;
438, by Senator DeFrancisco, an act
931
to amend the Surrogates Court Procedure Act;
2934, by Senator Lack, an act to
amend the New York City Civil Court Act;
4766, by Senator Kuhl, concurrent
resolution of the Senate and Assembly.
And 5131, by Senator Saland, an act
to amend the Family Court Act.
Senator Velella, from the Committee
on Labor, reports:
Senate Print 128, by Senator
Marcellino, an act to amend the Labor Law;
1472, by Senator Velella, an act to
amend the Labor Law;
And Senate Print 3884, by Senator
Volker, an act to amend the Labor Law.
Senator Spano, from the Committee
on Investigations, Taxation and Government
Operations, reports:
Senate Print 1088, by Senator
Wright, an act to amend the Tax Law;
3839, by Senator Nozzolio, an act
to amend the Arts and Cultural Affairs Law;
4106, by Senator Libous, an act to
amend the Executive Law;
6077, by Senator Wright, an act to
932
amend the Public Officers Law;
And 6180, by Senator Nozzolio, an
act to amend Chapter 533 of the Laws of 2001.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 706A, by Senator Kuhl,
an act to amend the Vehicle and Traffic Law;
1219A, by Senator Padavan, an act
to amend the Vehicle and Traffic Law.
3071A, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law.
5583, by Senator Seward, an act to
amend the Vehicle and Traffic Law;
And Senate Print 6239, by Senator
Trunzo, an act to amend the Vehicle and
Traffic Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Print 2651, by Senator Kuhl,
an act to amend the Education Law;
3947, by Senator Kuhl, an act to
amend the Education Law;
4767, by Senator Kuhl, an act to
amend the Education Law;
6050, by Senator Rath, an act to
933
amend the Education Law;
Senate Print 6231, by Senator
Velella, an act to amend the Education Law;
6236, by Senator Kuhl, an act to
amend the Education Law;
And Senate Print 6312, by Senator
Padavan, an act to amend Chapter 45 of the
Laws of 1996.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills directly to third
reading.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination.
As a judge of the Court of Claims,
Michael R. Ambrecht, of New York.
ACTING PRESIDENT MORAHAN:
Senator Lack.
SENATOR LACK: Thank you, Mr.
President. I rise to move the nomination of
Michael R. Ambrecht, of New York City, as a
judge of the Court of Claims.
934
Normally I would say that we've
received the nomination and the nominee has
been investigated by the staff of the
committee. In this particular case, since the
nominee at one time was part of the staff of
the committee, I don't know if I can in all
honesty say that even I would trust the
staffwork of the committee.
So I have investigated the
credentials of the nominee, and I'm happy to
say that they are excellent. I'm very proud
that a former staff member of the Committee on
the Judiciary of the Senate has been nominated
by the Governor.
Of course, the Governor didn't need
his experience in the Senate Judiciary
Committee, since he has also served as an
assistant counsel to this Governor as well,
and a lot of other positions. But I won't
steal the thunder of the person who's going to
rise to second the nomination.
Just to say that Mr. Ambrecht
appeared before the committee this morning, he
was unanimously moved to the floor for
consideration at this time and confirmation of
935
his judgeship.
And I'm most proud to yield for
purposes of a second to another former staff
member of the Committee on the Judiciary, who
in effect was Mr. Ambrecht's boss at the time
that he became clerk of the committee, and one
of the former counsels of the Senate Judiciary
Committee, Senator Michael Balboni.
ACTING PRESIDENT MORAHAN:
Senator Balboni.
Senator Kuhl.
SENATOR KUHL: Yes. Before we
recognize Senator Balboni, could you please
announce that there will be an immediate
meeting of the Tourism, Recreation and Sports
Development Committee in the Majority
Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Tourism,
Recreation and Sports Development Committee in
the Majority Conference Room.
Senator Balboni.
SENATOR BALBONI: Thank you, Mr.
President.
And thank you, Senator Lack, for
936
permitting me the opportunity to second this
nomination.
It's hard sometimes, with the pace
of life in this chamber and in this
Legislature, to realize what we do here and
how personal it gets. This afternoon we have
the opportunity to launch a career, to take
someone truly from our midst, who stood in the
back of the chambers here, who worked for a
very distinguished man who gave me my start,
and many others, John Dunne. And today we
give him the opportunity to achieve a dream to
rise to the bench and to begin serving the
people, a position he has always sought to do.
I first met Michael Ambrecht when
he assumed the position of clerk of the Senate
Judiciary Committee back in 1985. And as I
mentioned in the Senate Judiciary Committee
meeting, the thing which struck me about him
then was he was meticulously dressed. His
desk was perfect. He had the best blotter I'd
ever seen, the nicest lamp. And I mistook him
for a counsel, taking my job. So our first
initial impression was not that good.
I then learned that he was the
937
clerk who would do anything you asked him to
do. He took on any job with enthusiasm,
confidence, and competence. He was somebody
who was unabashedly enthusiastic about who he
was, where he came from, and what he one day
wanted to do.
And what a distinguished career he
has had. I invite every member of this
Legislature to take a look at this resume.
And though he just turned 40 last week, he has
had a variety of services and experiences that
anybody would be proud and anyone who wants to
take a look at the bench would see as a
requirement.
After leaving the Senate Judiciary
Committee, he became counsel to Robert
Morgenthau. He's a Fordham Law graduate. And
then he became counsel to the Governor in
1995. He was one of the lead counsels on the
death penalty issue, reshaping one of the most
complex issues and laws that this state has
enacted in the last decade.
I spoke with him many times on that
issue, as a member of the Assembly. His depth
of knowledge was impressive. His passion was
938
inspiring. And his ability to translate all
the intricate nuances of that legislation made
me feel very comfortable with what the
ultimate outcome was going to be.
And then he rose to become the
counsel to the Long Island Railroad and the
MTA, where I met him in a professional
capacity and spoke to the people who worked
under him. Nothing but praise came from their
lips, and nothing but admiration from the
people he worked with was said.
And finally he went back to private
practice. And I think this is probably the
most telling aspect about Mr. Ambrecht. He
was making a lot of money at this law firm,
but he yearned to come back to the public
sector so that he could serve the people that
he believes in, the government that he
believes in, and for the principles he
believes in.
Mr. President, this candidate
before us brings many good things to this
world. He will be an honor to the bench and
he will serve New York proudly. I support his
nomination.
939
ACTING PRESIDENT MORAHAN:
Senator Stafford.
SENATOR STAFFORD: Mr. President,
when you have to follow two or three
articulate Senators, like I've just had to
follow, it's almost impossible. And anything
I would say would deserve little more than a
footnote.
But I'd point out a couple of
things about Michael. First, he always
carries a Mont Blanc pen. I'm sure he has it
with him -- exactly. And notice the pen I
have.
And also, Michael also wears
braces. And I'm sure he has them on today, as
you can see.
(Laughter.)
SENATOR STAFFORD: Now, I don't
have mine on today.
But on a very serious note, you
know, I'm getting old, and I may be in error,
but I believe he also worked for the senator
from -- Senator Barclay. And that goes back,
of course, a number of years.
I would only say, as has been said,
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you know, we have quite a system. And we have
people that criticize the system. But when
you see a person like Michael who was in
college, decided to go to law school after
working here a number of years, then has had
the responsible positions that he's had
through his career, now being appointed to the
Court of Claims, the Governor is to be
complimented, he's to be complimented, the
system is to be complimented, and the state
will now be better because of the Governor's
decision and Judge Ambrecht.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
I rise to also compliment Governor
Pataki. But before I do, I just want to
compliment Senator Dunne, who I --
ACTING PRESIDENT MORAHAN: Excuse
me, Senator.
SENATOR FUSCHILLO: I have to
start this over again?
ACTING PRESIDENT MORAHAN: Just
941
if you can suffer an interruption.
Senator Kuhl.
SENATOR KUHL: He's young enough.
I think he can.
We'd like to call another committee
meeting, Environmental Conservation,
immediately, in the Majority Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the
Environmental Conservation Committee in the
Majority Conference Room.
SENATOR KUHL: Thank you, Senator
Fuschillo.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Kuhl.
Senator Fuschillo.
SENATOR FUSCHILLO: Let me just
compliment Senator Dunne. So many fine
individuals, including Senator Balboni, have
come out of that office. And I see him back
there beaming with joy, and I know how proud
you are of Michael.
But yesterday, where Michael is
sitting right now, we had a 16-year-old girl
who in such a short age became an Olympic
942
medal winner on the U.S. women's hockey team.
And we complimented her on how much she has
done in such a short period of time. And look
at that fine gentleman who sits up there, at
the age of 40 going to the bench with such
distinguished public service and private
experience.
Michael, I didn't know that Mike
Balboni was your boss. My condolences to you.
But I know you moved on very quickly from that
profession.
But today we have another
gold-medal nomination from Governor Pataki. I
compliment you. I wish you the best. I wish
your family the best. As you know, they are
my neighbors, and they are terrific. And I
know you are as well.
And you are embarking on a
distinguished career on the bench, but, more
important, you're continuing your public
service to the residents of New York State.
Congratulations and best wishes to
you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
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Senator Volker.
SENATOR VOLKER: Thank you, Mr.
President.
I was just about to say that
despite your past associations, I still think
we should support you.
Let me just say seriously that I've
known Michael for many years. In fact, for
some reason I think we might have met at a
convention, initially. Maybe a Republican
convention a long time ago, when I think he
was a Young Republican.
I may be wrong, but it is very hard
for me to believe -- I have to tell you, Mike,
when I first saw your name, you know, you -- I
guess when you get to be my age, you start
thinking everybody is a kid. But I really
didn't realize you were 40 years old, I must
tell you.
But at any rate, I have to say to
you, as Jim said, we didn't need any staff to
investigate you, because we've known you for
so many years. And of course I've dealt with
you for many, many years, and most recently
we've worked on the death penalty and a number
944
of other things.
But I just want to say something
that Senator Fuschillo I think stole my --
stole what I was about to say. You know,
sometimes we don't realize the impact that we
have on people, good people. And I want to
say the same thing you did, Chuck, about John
Dunne. The people that have been taught in
the Dunne School of Law have turned out pretty
darn good. And I mean that very sincerely.
We may have had our disputes
sometimes, but all that aside, Mike Balboni,
who sits to my left here, and a number of
other people, and not the least of which,
that's for sure, is Mike Ambrecht, who is --
I'm glad to say he's a Jesuit product also,
which of course I happen to be also.
And I honestly say that there are
few people that we have confirmed here as
judges as competent as Mike Ambrecht.
ACTING PRESIDENT MORAHAN:
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
I wish I had come here earlier and
945
had served under the School of Dunne. I mean,
he's been wonderful.
But for Michael, my experience with
him was as a senator, when he worked in
Albany. And I will not repeat all the
accolades that my colleagues have spoken about
him. His resume speaks for itself. But the
one thing that impressed me immensely was his
temperament. He always treated any person --
whether they were a person of high position, a
person of power, a layman, he always treated
them with respect and dignity.
And those qualities of judicial
temperament that he will take to the bench
will be -- he will always be an educator. And
I thank him for continuing to serve the public
and our state. And I wish him and his family
good health and much success in your future
endeavors, Mike.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
946
Mr. President and my colleagues, I
rise with my colleagues to enthusiastically
support this nomination, to again thank
Governor Pataki for grooming a great cadre of
judicial appointments. And that this is
certainly no exception.
Although since -- I've had the
opportunity of working with Mike very closely
on a number of extremely important criminal
justice issues, particularly during the early
years of Governor Pataki's service. I can't
tell you how helpful he had been to us.
Although I am somewhat concerned that since he
has left, the executive chamber has had
difficulty keeping a position, gone from
position to position to position.
But frankly, all kidding aside,
that's just a testament to his talents and his
acumen. And that now he's going to be landing
in a position that he's extremely well suited
for as a judge of the Court of Claims.
I just want to mention a little
more specifically of how he helped us during
those early years when our criminal justice
system needed such help. Working with
947
Governor Pataki, putting together the
rudiments and the fundamentals of bringing the
justice component back into the criminal
justice system, I for one thank Mike. I also
know there are a lot of people out there in
this state that have not been victimized by
crime as a result of the policies that Mike
helped us implement during those early years
in Governor Pataki's administration.
That I certainly enthusiastically
support this nomination. I wish Mike Ambrecht
all the future success, that I know he will be
a great contributor to the Court of Claims.
And that certainly I know I have been proud to
work with him in the past.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
The question on the nomination of
Michael R. Ambrecht, of New York, as a judge
of the Court of Claims. All in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
948
(No response.)
ACTING PRESIDENT MORAHAN: The
nomination is carried. Michael R. Ambrecht is
hereby confirmed as judge of the Court of
Claims.
I would like to recognize
Mr. Ambrecht, who's with us today, with his
wife, Mary, his mother, Agnes, and family and
friends. Congratulations.
(Applause.)
ACTING PRESIDENT MORAHAN:
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Espada.
SENATOR ESPADA: Thank you, Mr.
President.
I move to commit Senate Print
Number 2670, Calendar Number 241 on third
reading -- this is on behalf of Senator
Nozzolio -- to the Committee on Finance.
ACTING PRESIDENT MORAHAN: So
ordered.
SENATOR ESPADA: Also, Mr.
949
President, on page number 14 I offer the
following amendments to Calendar 181, Senate
Print Number 432. This is on behalf of
Senator DeFrancisco. And we ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
remain on the Third Reading Calendar.
SENATOR ESPADA: And, Mr.
President, I wish to call up Senate Print
Number 5786, on behalf of Senator Stafford.
Said bill was recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
231, by the Senate Committee on Rules, Senate
Print 5786, an act making an appropriation.
SENATOR ESPADA: Mr. President, I
now move to reconsider the vote by which the
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
950
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR ESPADA: Mr. President, I
now move to discharge, from the Committee on
Finance, Assembly Print 9431 and substitute it
for the identical bill.
ACTING PRESIDENT MORAHAN: The
substitution is ordered.
SENATOR ESPADA: The Senate Bill
on the first passage was voted unanimously.
And I now move that the substituted Assembly
bill have its third reading at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
231, by the Assembly Committee on Rules,
Assembly Print Number 9431, an act making an
appropriation.
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Is there a message of
appropriation at the desk?
ACTING PRESIDENT MORAHAN: Yes,
951
there is.
SENATOR KUHL: Move we accept the
message.
ACTING PRESIDENT MORAHAN: All
those in favor of accepting the message of
appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. May we now adopt the Resolution
Calendar, with the exception of Resolution
952
Number 4258.
ACTING PRESIDENT MORAHAN: All in
favor of adopting the Resolution Calendar
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
Resolution Calendar is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. May we now have the title to
Resolution Number 4258, by Senator Wright,
which is at the desk, read. And I move for
its adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator
Wright, Legislative Resolution Number 4258,
honoring the Girl Scouts of the United States
of America upon the occasion of National Girl
Scout Week, March 10 through 16, 2002, as they
celebrate their 90th anniversary.
ACTING PRESIDENT MORAHAN:
953
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. The sponsor of the resolution,
Senator Wright, has indicated that he would
like to offer the opportunity to all the
members in the chamber for cosponsorship on
this resolution.
So if we could leave that
opportunity at the desk open for the members
and have them indicate to the desk, then fine,
that would be appropriate.
I move for the adoption of the
resolution.
ACTING PRESIDENT MORAHAN: All in
favor of adopting the resolution signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution will remain at the desk. All those
Senators who want to be off will notify the
desk.
Senator Kuhl.
954
SENATOR KUHL: Yes, Mr.
President. Also previously, on February 26th,
Resolution Number 4159 was adopted. I'd ask
that it be read in its entirety at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator Kuhl,
Legislative Resolution Number 4159, commending
the New York Association for
Continuing/Community Education and the 2002
Students of the Year.
"WHEREAS, This Legislative Body is
justly proud to welcome the New York
Association for Continuing/Community Education
and is pleased to commend the 2002 Students of
the Year for their outstanding work as adult
learners; and
"WHEREAS, Alice Blanks, Uurtsaikh
Gangaatar, Francisca Gonzalez, Glenn Hines,
Ricardo "Daniel" Juarez, Amelia King, Sonya M.
King, Heng Leng, Felix Luna, Angela Mancuso,
Brenda Melendez-Purdy, Rosette Pluviose, James
Priset, and Rukija Subasic are all honored
recipients of the 2002 Student of the Year
Award, who have been selected to receive this
955
esteemed distinction because of their
demonstrated outstanding perseverance and
dedication; and
"WHEREAS, The 2002 Students of the
Year worked hard and overcame a myriad of
challenges and, in doing so, developed within
themselves a strong sense of independence,
self-reliance, and self-sufficiency which can
never be taken away; and
"WHEREAS, The 2002 Students of the
Year have confirmed, through their earnest
commitment and will to succeed, that they
should be looked upon as positive role models,
not only for other adult learners but for
their community as well; and
"WHEREAS, This Legislative Body
also pays just tribute to the teachers,
coordinators, administrators and trainers of
these students for their selfless dedication
to the students and for their work, which has
brought hope into the lives of many -- an
accomplishment that cannot be measured; and
"WHEREAS, This Legislative Body
also honors the board members for their
guidance of the New York Association for
956
Continuing/Community Education and for their
continued dedication to education in New York,
as well as all the individuals on the Awards
Day Committee who worked diligently in order
to ensure that these students receive the
recognition they deserve; now, therefore, be
it
"RESOLVED, That this Legislative
Body pause in its deliberations to commend the
New York Association for Continuing/Community
Education and the 2002 Students of the Year
for their tenacity and remarkable
accomplishments; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to each of the 2002 Students of the Year;
Board President Susan McClean; and the Awards
Day Cochairs, Allen Robinson and Louise A.
Ebert."
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. As the resolution indicates, this
is an appropriate time to honor some people
who have made a significant contribution in
957
their own lives, certainly, and some people
who have made a significant contribution to
other people's lives.
Those people who we honor who have
made that contribution to other people's lives
are the adult education professionals who
actually work with adults in furthering their
education.
We're very, very honored to have
several of the 13 recipients of the Student of
the Year Award with us today. Those people
are being honored by an association known as
the New York Association for
Continuing/Community Education. And we have
done this -- this is their 19th year.
But these are people and
individuals who in fact are trying and
striving under very difficult circumstances to
better the quality of their life. And they
have been selected amongst thousands of
students throughout this state who are going
through the same kind of process of trying to
better themselves. They're helped by these
various educational professionals, but
certainly the motivation comes from them
958
particularly, within themselves.
As I said on a number of cases --
and we won't go through the individual cases
here at this time -- but this is a time when
we pause, like we did the other day with
Olympians, to recognize their dedication,
their effort, and certainly the outcome of
what they've done.
These individuals will never
receive that gold medal at Salt Lake. But yet
within themselves they know that they have
done an outstanding kind of effort which is
going to be rewarded by them and to them
individually as they proceed through in their
lives.
So I would like to have you
acknowledge their presence, as President of
this chamber, this body. They are seated to
my right in the balcony, to your left. And
their names were announced in the resolution
by our clerk.
And just acknowledge and extend
your sympathies to them for having to endure
all of our time period here in waiting to be
recognized. But certainly their recognition
959
is as big and as bold and as important, not
only to them but to us, as anything else that
we do in this chamber.
So, Mr. President, I acknowledge
their presence. I offer my congratulations as
chair of the Senate Education Committee and
compliment them on the wonderful job that
they've done.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Kuhl.
And we ask the students to rise and
accept our congratulations of the Senate. We
welcome you here today. We hope you enjoy
your day in Albany. And we give you our
wholehearted congratulations. Thank you.
(Applause.)
ACTING PRESIDENT MORAHAN:
Senator Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
I'm fortunate to be the senator who
represents one of these very fine individuals.
And I couldn't let the moment pass without
acknowledging Angela Mancuso and singling her
out for my appreciation and admiration.
960
She arrived in this country from
Italy a number of years ago with an
eighth-grade education in Italy and, while
working as a seamstress at Learbury, kept
little scraps of paper to translate words that
she heard, and studied in between supporting
her family at home until she could develop the
ability to undertake a more formal education.
With the help of Literacy
Volunteers, very well known and respected
because they are headquartered in Syracuse,
New York, Ms. Mancuso has continued this
education. And today she takes advantage of
not only the BOCES adult education and the
Laubach Literacy Program, but also the UAW
external diploma program.
We are blessed in this state to
have dedicated people like the BOCES teachers
who seek out students like Angela. And we are
fortunate to have students like Angela Mancuso
who serve as role models to many other people
who will have a much less difficult time
learning the English language and becoming
good citizens.
And I believe they should all be
961
congratulated today.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Hoffmann.
This resolution was previously
adopted by the Senate on February 26th.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could we now announce that there
will be an immediate meeting of the Banks
Committee in the Majority Conference Room.
ACTING PRESIDENT MORAHAN: There
will now be an immediate meeting of the Banks
Committee in the Majority Conference Room.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. And also could we at this time
have the noncontroversial reading of the
calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
76, by Senator Rath, Senate Print 2617A, an
act to amend the Penal Law, in relation to
assaults.
SENATOR DOLLINGER: Lay it aside,
962
please.
ACTING PRESIDENT MORAHAN: Lay it
aside.
THE SECRETARY: Calendar Number
77, by Senator Wright, Senate Print 3499A, an
act to amend the Criminal Procedure Law, in
relation to statements at the time of
sentencing.
SENATOR DOLLINGER: Lay it aside,
please.
SENATOR KUHL: Lay that bill
aside for the day.
ACTING PRESIDENT MORAHAN: That
bill will be laid aside for the day.
THE SECRETARY: Calendar Number
79, by Senator Volker, Senate Print 4327, an
act to amend the Criminal Procedure Law, in
relation to waiver.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
963
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
116, by Senator Alesi, Senate Print 482, an
act to amend the General Obligations Law, in
relation to liability.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
127, by Senator Balboni, Senate Print 854, an
act to amend the Penal Law, in relation to
criminal street gang activity on school
grounds.
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
131, by Senator Volker, Senate Print 3781, an
act to amend the Civil Rights Law, in relation
to the confidentiality of personnel records.
ACTING PRESIDENT MORAHAN: Read
964
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
132, by Senator Skelos, Senate Print 5640, an
act to amend the Criminal Procedure Law, in
relation to eliminating.
SENATOR MONTGOMERY: Lay it
aside, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
150, by Senator Trunzo, Senate Print 5271, an
act to amend the Vehicle and Traffic Law, in
relation to school zone speed limits.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
965
THE SECRETARY: Calendar Number
152, by Senator Libous, Senate Print 5670, an
act to amend the Highway Law, in relation to
designating.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
154, by Senator Seward, Senate Print 3737, an
act to amend the Insurance Law, in relation to
risk-based capital requirements.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
966
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
212, by Senator Leibell, Senate Print 2540, an
act in relation to maintaining the existence.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
230, by Member of the Assembly Morelle,
Assembly Print Number 871E, an act to amend
the Executive Law and the Estates, Powers and
Trusts Law, in relation to solicitation.
SENATOR KUHL: Lay the bill aside
for the day, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
967
Senator Kuhl, that completes the
reading of the noncontroversial calendar.
SENATOR KUHL: Mr. President,
could we now have the controversial reading of
the calendar, please.
Before we do that, I understand
there are a couple of substitutions at the
desk. Could we take those up at the current
time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Seward moves to discharge, from the
Committee on Insurance, Assembly Bill Number
9159 and substitute it for the identical
Senate Bill Number 5494, Third Reading
Calendar 17.
And on page 12, Senator Seward
moves to discharge, from the Committee on
Insurance, Assembly Bill Number 9289 and
substitute it for the identical Senate Bill
Number 5586, Third Reading Calendar 157.
ACTING PRESIDENT MORAHAN: The
substitutions are ordered.
Senator Kuhl.
968
SENATOR KUHL: May we now
progress to the controversial reading of the
calendar, Mr. President.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
SENATOR KUHL: Thank you.
THE SECRETARY: Calendar Number
76, by Senator Rath, Senate Print 2617A, an
act to amend the Penal Law, in relation to
assaults committed in the presence of certain
children.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MORAHAN: We'll
lay that bill aside temporarily. Is she here?
SENATOR RATH: I'm here.
ACTING PRESIDENT MORAHAN: Oh,
I'm sorry. Sorry. New seats.
Senator Rath, an explanation has
been requested.
SENATOR RATH: Certainly, Mr.
President.
This bill amends the Penal Law to
include within the Class D felony of assault
in the second degree commission of assault in
969
the third degree in the presence of certain
minor children and assault in the third degree
when the defendant has previously been
convicted of assaulting the same victim.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: Yes. Mr.
President, through you, I would like to ask
Senator Rath a question.
ACTING PRESIDENT MORAHAN:
Senator Rath, will you yield?
SENATOR RATH: Surely.
SENATOR MONTGOMERY: Senator
Rath, I believe that we had a discussion about
this bill and its intent and outcome. And it
seems to me that what you are -- what happens
under this legislation is that any conflict
that occurs in a home, whatever the level of
assault is, this automatically raises it.
And the assumption that I make is
that this would happen in every case, pretty
much, because there is usually going to be a
young person in the household other than the
adults.
So in other words, the penalty for
970
essentially a domestic dispute or dispute that
happens in a household becomes automatically,
pretty much, covered under your legislation.
It doesn't really make any distinctions. And
because of the fact that there are -- there's
some young people in the house.
SENATOR RATH: Yes, that's what
this was addressing.
There was some preeminent studies
done by the Journal of Consulting Psychology,
and it showed a dramatic conclusion that
children who were in families that had violent
behavior, they scored two times higher on the
measures for behavior problems and competency
problems.
And so when there's domestic
violence that happens, if it's two adults,
that's one thing. But if there are children
present, you've got a young life that's
damaged and seriously damaged.
And there was a case where the
New York State Court of Appeals held
unanimously, finding that this was an
appropriate kind of conclusion.
SENATOR MONTGOMERY: All right.
971
Thank you, Senator.
Mr. President, I certainly agree
and I've known of research that has been done
indicating that violence in the family is
certainly cyclical. I mean, it goes from
generation to generation. And we would like
to be able to intervene and break that cycle.
But I believe that this legislation
goes far, covers instances that may not really
be appropriately deemed a Class D felony.
It's quite a severe step up from an A
misdemeanor to a D felony. And I think that
we don't want to essentially throw a blanket
so that it covers far too many instances, many
of them not really fitting into this.
And we would not intend for certain
situations to be covered by this. And if this
legislation were to pass, surely enough we
would have many more people ending up being
charged with a felony that could be extremely
detrimental to the possibility of that family
surviving intact, even with intervention.
So I am going to continue to oppose
this bill and hope that we can work together
with Senator Rath in figuring out some ways to
972
address the issue of violence in the family.
I'm voting no.
Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator. Does any other member wish to
be heard on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'm going to vote in favor of this
bill. I voted in favor of it in the past. I
would suggest, however, to Senator Rath that
your conclusion about the family and the
effect of domestic violence on the family is,
I think, well documented, but this bill in my
opinion still doesn't go far enough, because
the language in it is too restrictive.
What it says is that the child who
observes the act of violence is the child,
stepchild, or sibling of the victim. What
happens if the child is the child of the
perpetrator? What happens if it's a
relationship, as oftentimes exists, where the
mother and father are not married, the child
is the child of the father but not the child
973
of the mother? It seems to me that in this
instance, this bill does not apply.
In addition, it doesn't address the
question of what happens, as oftentimes
happens in these nuclear families, where the
child in the house is not related to either
one of the parents -- could be a nephew, could
be a cousin, could be a child from a neighbor.
But yet because of the restrictive language in
this bill, it only applies when the child is
the child, stepchild, or sibling of the victim
or resides in the same household as the
victim.
As we all know, in the nuclear
family you can have children that reside for a
period of time but don't permanently reside
there; you may have children who are visiting
for a period of time.
If your goal is to increase the
penalty because of the understandable and
justifiable additional damage that is foisted
on the child who observes this violence, you
ought to make the statute more encompassing so
that it says anytime there's violence in the
presence of anyone under the age of 18 years,
974
we're going to acknowledge that that has a
serious social impact on the child,
irrespective of their relationship to the
perpetrator, the victim, or the happening, the
chance happening that they're in the house
purely as a visitor.
That form of domestic violence,
horrifying as it can be to young children,
shouldn't -- we shouldn't make the penalty
contingent upon a blood relationship between
the victim or simply the fact that they have
to reside in the household.
Senator Rath, I think that your
philosophical orientation is correct, your
sociological evidence is very supportive. I
think your statute doesn't go as far as your
evidence justifies we should go.
I'll vote in favor of it, but I
believe it should be expanded to make any
violence in the presence of children in a home
a more severe crime. When we get that bill,
I'll vote for it with greater enthusiasm than
I'm voting for this one.
ACTING PRESIDENT MORAHAN: Any
other Senator wish to be heard on the bill?
975
Hearing none, read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Hassell-Thompson and Montgomery
recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, could we announce that there will
be an immediate meeting of the Civil Service
and Pensions Committee in the Majority
Conference Room.
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Civil
Service and Pensions Committee in the Majority
Conference Room.
SENATOR KUHL: And if we can
continue in regular order.
976
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
116, by Senator Alesi, Senate Print 482, an
act to amend the General Obligations Law, in
relation to liability.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Alesi, an explanation has been
requested.
SENATOR ALESI: Thank you, Mr.
President.
This bill would absolve from
liability any telephone company or any other
provider of similar service for the state
sponsored or municipally sponsored "Call to
Protect" program.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, will the sponsor yield just to
one quick question?
ACTING PRESIDENT MORAHAN:
Senator Alesi, will you yield to one quick
question?
977
SENATOR ALESI: One quick
question, yes, Mr. President.
SENATOR DOLLINGER: Through you,
Mr. President, is this the same bill that we
debated last year with the limitation of
liability clause still in it?
SENATOR ALESI: This is the same
bill that we debated that last year.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'll vote in the negative.
ACTING PRESIDENT MORAHAN: Thank
you.
Any other Senator wish to be heard
on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 116 are
978
Senators Breslin, Brown, Connor, Dollinger,
Duane, Hassell-Thompson, Mr. Kruger, Lachman,
Onorato, Paterson, Sampson, Schneiderman, A.
Smith, M. Smith, Stachowski, and Senator
Stavisky. Also Senator Gentile. Ayes, 44.
Nays, 17.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
127, by Senator Balboni, Senate Print 854, an
act to amend the Penal Law, in relation to
criminal street gang activity on school
grounds.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Balboni, an explanation has been
requested.
SENATOR BALBONI: By whom,
Mr. President?
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR BALBONI: Senator
Velmanette Montgomery? Excellent. Thank you.
This is a bill that has had a bit
of an evolution. This bill initially was a
979
part of a bill that we passed several years
ago that dealt with the gang violence issue
from a broader perspective, one that
encompassed the increasing of fees should a
crime be perpetrated in furtherance of a gang
initiative.
This bill has been culled from that
measure and specifically targets the aspect of
gang violence referring to gang recruitment or
I should say relating to gang recruitment on
school grounds.
This is an idea that came to me
from Chief Russo of the Hempstead Village
Police Department, where they had video
surveillance tape of gang members going onto
school grounds in Hempstead and intimidating
students while they were about to go to class.
If anybody reads the newspaper
articles, particularly from Long Island, you
will see that there has been an alarming
increase, not only in the number of gangs that
are being formed, but in gang activities.
Initially this bill was developed
as a result of a shooting that occurred in
Mineola, at that time my home community.
980
Since then there have been a number of other
gang incidents that highlight the violent
nature of these gangs, one just two weekends
ago at the Vanderbilt, which is an
establishment in Plainview, where there was
two biker gangs that got together. And the
amount of weapons that were taken off of these
members was unbelievable.
The bill essentially creates the
crime of gang recruitment on school grounds.
It amends Section 460.10 of the Penal Law.
And it defines "criminal street gang" and then
sets a first-degree and second-degree for
criminal gang recruitment. Then it also sets
up as a condition for release and parole that
the individual be prohibited from associating
with a gang.
This bill is complex because the
nature of gang activity is complex.
Traditional law enforcement is used to setting
up the investigation based upon an activity,
an action, a crime, and then trying to look
for perpetrators. Well, gang violence is more
complex than that. Gangs have what people
know as colors, the clothing that they wear.
981
They have certain hand signals that identify
them as a member of the gangs. And it's these
characteristics that this bill addresses
initially.
With that, I will yield to any
further questions by Senator Velmanette
Montgomery.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. Senator Balboni has graciously
agreed to yield to a question, through you,
Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Balboni, do you yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MORAHAN: He
yields to one question, yes.
SENATOR MONTGOMERY: Thank you.
Senator Balboni, I notice in your
legislation that for the first time that a
person is found to be engaged in criminal
activity under your legislation, they will be
charged with a Class D felony. Then the
982
second time they will be charged with a Class
C felony, and the third time with a Class B
felony. So you sort of -- you reduce the
penalty as the number of times they are
charged.
SENATOR BALBONI: It increases
with each crime that's committed.
SENATOR MONTGOMERY: Okay. All
right. And the --
ACTING PRESIDENT MORAHAN:
Senator, do you continue to yield?
SENATOR MONTGOMERY: Yes, Mr.
President, can I --
SENATOR BALBONI: Yes, I do, Mr.
President.
SENATOR MONTGOMERY: So on the
first charge, with a Class D felony, any
activity within ten years, is that it --
SENATOR BALBONI: Mm-hmm.
SENATOR MONTGOMERY: -- that they
will still be charged under this legislation
with a Class C felony as a repeat person.
Is there any age limitation? I
didn't see any. Maybe I just didn't read it,
any age limitation.
983
SENATOR BALBONI: No, none in
this provision of law, should this become law.
But of course it follows the Penal Law
structure as regards to juvenile offenders.
SENATOR MONTGOMERY: Yes. So,
Mr. President, if I may ask one last question.
ACTING PRESIDENT MORAHAN:
Senator Balboni, do you yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
SENATOR MONTGOMERY: So, Senator
Balboni, any juvenile charged under your
legislation could be treated as an adult
offender, essentially, of 16 and older?
SENATOR BALBONI: Mr. President,
through you. Senator Montgomery, as you know,
the discretion to charge is left in the hands
of the district attorney.
SENATOR MONTGOMERY: Yes.
SENATOR BALBONI: And they will
make a determination as to whether or not an
individual should be treated as a juvenile or
an adult. And I can't comment as to what
circumstances would result in that
determination by the district attorney.
984
SENATOR MONTGOMERY: Okay. Yes,
I understand. Thank you, Senator Balboni.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Balboni.
SENATOR MONTGOMERY: Mr.
President, just briefly.
ACTING PRESIDENT MORAHAN: On the
bill?
SENATOR MONTGOMERY: Yes, on the
bill.
I'm going to continue to oppose
this legislation as well.
And I think the troublesome aspect
of this legislation, as well as Senator Rath's
bill and others that we've had that go in this
vein, is that we are using the penal system,
we're using punishment as an answer to all of
the behaviors, many of them essentially
juvenile indiscretions, juvenile behaviors,
rather than trying to look for ways of early
intervention, ways of deterring this kind of
behavior and addressing it with a more
affirmative and positive approach, especially
as it relates to young people.
So we are filling our jails and
985
prisons with people who, if not for the fact
that we have a society that is built around
solutions related to the penal system, would
have other ways of addressing and dealing with
their issues.
So while certainly I understand the
difficulty that we have with the gang activity
and with gangs and recruitment and all of
that, I believe, as I say to people that --
you know, who talk to me, including police
officers in my district, who have become
convinced that until we begin to deal with
prevention and positive intervention we will
not address affirmatively the problems that we
have with this kind of activity.
So I'm going to oppose it on the
basis of, you know, philosophically I just
think it's the wrong way to go.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Does any other Senator wish to be
heard on the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 6. This
986
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Senator Balboni, to explain his vote.
SENATOR BALBONI: Mr. President,
this bill is designed to cut off the lifeblood
of gangs. But the comments of my colleague
Senator Montgomery are well taken. That is
why I have supported programs in my district
such as the PAL boxing league and am trying to
work with the Big Brothers and Big Sisters,
which has a wonderful mentoring program that
can serve as an early intervention for this
type of gang violence.
And I'm also working with a number
of other groups from a Latino perspective to
see if we couldn't get into groups where
perhaps language is a barrier.
So we are not only adopting the
approach of trying to put these people behind
bars, we're trying to get them before they get
into the gangs also.
987
I vote in the affirmative, Mr.
President. Thank you.
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 127 are
Senators Duane and Montgomery. Ayes, 59.
Nays, 2.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. My understanding is that Senator
Hevesi would like to be recognized at this
time to address his vote on Calendar Number
116. So could you recognize Senator Hevesi
for purposes of changing a vote.
ACTING PRESIDENT MORAHAN:
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. I rise to request unanimous
consent to be recorded in the negative on
Calendar 116, Senate Print 482.
ACTING PRESIDENT MORAHAN:
Without objection.
988
SENATOR KUHL: No objection.
ACTING PRESIDENT MORAHAN:
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to vote in the negative on
Calendar Number 116, Senate Print 482.
ACTING PRESIDENT MORAHAN:
Without objection.
SENATOR KUHL: No objection.
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President. Could you now call up Calendar
Number 150, out of order, please.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
150, by Senator Trunzo, Senate Print 5271, an
act to amend the Vehicle and Traffic Law, in
relation to school zone speed limits.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 8. This
act shall take effect in one year.
SENATOR PATERSON: Explanation,
989
please.
ACTING PRESIDENT MORAHAN:
Senator Trunzo, an explanation has been
requested.
SENATOR DOLLINGER: Explanation,
please.
SENATOR TRUNZO: Thank you, Mr.
President.
This bill would provide for school
districts a greater flexibility in
establishing the hours that school speed zones
are in effect and tailoring the boundaries of
the school speed zones to a school's needs.
Under the current law, speed limits
are to be effective only on school days
between the hours of 7:00 a.m. and 6:00 p.m.
The law fails to recognize needs for slower
speed limits during the evening hours or
after-hour school activities.
And this piece of legislation would
take care of that item and make it more
flexible for school districts and make the
determination as to when those lights should
be blinking.
ACTING PRESIDENT MORAHAN:
990
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, will Senator Trunzo yield to a
question, please?
ACTING PRESIDENT MORAHAN:
Senator Trunzo, will you continue to yield?
SENATOR TRUNZO: Yes.
SENATOR DOLLINGER: Senator, I
think this is a very good bill. I just want
to make sure I understand how it works and who
pays for it.
Who pays for the flashing lights
that go on the beacons that are in the school
districts, the signs that demarcate a school
zone?
SENATOR TRUNZO: I believe the
school district does.
SENATOR DOLLINGER: Through you,
Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
SENATOR DOLLINGER: Do you know
how much that's going to cost? And is there a
fiscal note attached to this bill?
991
SENATOR TRUNZO: Excuse me?
SENATOR DOLLINGER: Do you know
how much that's going to cost to put in the
flashing yellow lights near schools in
New York State's 20,000 public schools?
SENATOR TRUNZO: Senator, they
don't have to put them in. It's up to the
school district to decide to put those
flashing lights in between the hours of
7:00 a.m. and 6:00 p.m. or the other hours.
Now, there is a cost, I guess with
operation, that's in the bill. Where the heck
is it? The cost of supplemental signs are
estimated at $25 apiece. The cost would be
borne by the municipality in which the school
is located or by the state, depending on who's
responsible for maintaining the highways. The
cost to install and maintain a pair of
flashing beacons, one at either end of the
speed zone, is estimated between $5,000 and
$10,000 per pair.
That's in the legislation.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Trunzo will continue
to yield.
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ACTING PRESIDENT MORAHAN:
Senator Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR DOLLINGER: Senator, is
there any money in the current state budget
for the installation of any of these flashing
lights?
SENATOR TRUNZO: Not to my
knowledge.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Trunzo will continue
to yield.
ACTING PRESIDENT MORAHAN:
Senator, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MORAHAN: He
does.
SENATOR DOLLINGER: Is there any
money in the proposed Governor's budget to put
in these flashing beacons?
SENATOR TRUNZO: Not
specifically, no.
SENATOR DOLLINGER: Okay. Just
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on the bill briefly, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Trunzo.
On the bill.
SENATOR DOLLINGER: I think this
is an excellent bill. As I understand this
bill, it says that for those school districts
that have large volumes of off-peak-hours
school traffic -- that is, you know, dance
programs at night, basketball games -- where
the same amount of pedestrian traffic is using
our streets, we should be able to slow down
the speed limit to the speed limit that's in
effect when the school is in session.
I think that's a wonderful idea. I
think it's a great idea. I think the fact
that you put flashing lights there -- because
as Senator Trunzo, I'm sure, knows, this is
happening in the evening hours that the school
districts are using -- the buildings are being
used like this.
I would just suggest, Mr.
President, however, that while it's a great
bill, if it costs $5,000 to $10,000 per school
to put these up at both ends like bookends,
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Senator Trunzo, this is a tremendous idea with
no money behind it.
And I would suggest, Senator, if
we're ever going to make this bill a reality,
we have to come up with a way to tuck a couple
of million dollars more in the Transportation
Department's coffers to both provide money so
that it's done on state highways and, quite
frankly, and perhaps even more importantly, if
we're ever going to implement this bill in
municipalities, my suggestion is, Senator,
almost no municipality will spend $10,000 to
put the flashing lights in. It's just not
going to happen.
And I would suggest that to make
this bill a reality, to take this very good
idea and make it a very real law, it needs
money to support it. I would vote in favor of
amending the Governor's budget to put two or
three million dollars in to make this thing
work. It doesn't seem to me that the money is
there currently, and this very good idea may
be left waiting desperately for a decade or
more before there's enough funds to pay for
it.
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ACTING PRESIDENT MORAHAN: Thank
you, Senator.
SENATOR TRUNZO: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Trunzo.
SENATOR TRUNZO: Senator
Dollinger, many of the school districts
already have these lights, beacon lights, at
their current -- down on Long Island they do.
I don't know about the rest of the state. But
you see them all the time. Sometimes there
aren't -- whether anything's going on or not,
even after hours.
And this would at least give the
schools the responsibility to go out and turn
those lights off when they're not necessary,
as well as letting them put it on when they
have to put them on, but they have to keep
them on between 7:00 a.m. and 6:00 p.m.,
because that's when the traffic is.
But as you said before, the
after-school activities that require many
students to travel or people to travel by the
schools themselves, the schools then have the
authority to put those flashing lights on to
996
control traffic and slow it down.
But from what I can understand,
most schools already have those beacon lights
up. I don't know about Rochester, but I
assume they have them there too.
So that's why there's been no money
discussed in this particular bill at this
time, other than the history that -- the
School Boards Association, by the way, has
written a letter in support of the whole
concept. And Assemblyman Gantt is carrying
the bill in the Assembly.
So I just wanted to point that out,
that they feel this is a very important, as
you had stated as well, a very important piece
of legislation.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Trunzo.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
Senator Trunzo, I'm going to
support this bill for the reasons I
articulated earlier. But I would suggest that
while the State School Boards Association
997
likes this bill, if you pass this bill with
$5 million attached to it so that they can pay
for the signs at state expense, they will love
this bill.
And I would just suggest, in order
to make it a reality quicker, sooner rather
than later and waiting for them to come along,
we should put a financial incentive in for
them doing this. Because as your bill
properly points out, as you've articulated,
this is clearly the right thing to do to
protect people who are assuming that when they
leave a school after hours, parents and
children are walking across streets, that the
slower speed limits are in effect because they
assume it's a school zone, they assume that
drivers are slowing down.
I just suggest, Senator, this is
one of those bills which is a good idea. With
the right money, it will be a great idea.
ACTING PRESIDENT MORAHAN: Any
other Senator wish to be heard on the bill?
Senator Lachman.
SENATOR LACHMAN: Mr. Chairman,
through you. Would the distinguished Senator
998
from Suffolk County yield for a question?
ACTING PRESIDENT MORAHAN:
Senator Trunzo, will you yield?
SENATOR TRUNZO: Yes, sir.
SENATOR LACHMAN: Senator, will
this bill be applicable only to school
districts, or will it also include school
zones?
SENATOR TRUNZO: It's within
school zones, which the school districts then
could establish the zones as well.
SENATOR LACHMAN: Will it include
school zones -- through you, Mr. Chairman.
ACTING PRESIDENT MORAHAN:
Senator, will you continue to yield?
SENATOR TRUNZO: Yes.
SENATOR LACHMAN: Will it include
school zones in the nonpublic school community
as well as the public school community?
SENATOR TRUNZO: I don't think it
affects the private schools at this time. I
mean, other than public.
SENATOR LACHMAN: You don't think
it affects the public or the nonpublic?
SENATOR TRUNZO: If they have
999
these lights currently, it would affect them,
yes.
SENATOR LACHMAN: Okay, that's --
on the bill.
ACTING PRESIDENT MORAHAN:
Senator Lachman, on the bill.
SENATOR LACHMAN: Senator Trunzo,
they will love you in Brooklyn as in Suffolk
County if this is applicable to school zones
as well as school districts. Because in my
district in Brooklyn we have numerous
nonpublic schools, both yeshivas and Catholic
parochial schools, that have different hours
for their students than the public schools.
Also, in the public school
community, especially in the alternative high
school area, you have different hours as well.
And the staggering that this will
bring to the fore will be helpful to the
public school community, the yeshiva
community, and to the Catholic parochial
school community.
So it's as good as cherry pie. And
I do like cherry pie, so I strongly support
this bill.
1000
ACTING PRESIDENT MORAHAN: Thank
you, Senator Lachman.
Any other Senator wish to be heard
on the bill?
Hearing none, the debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 8. This
act shall take effect in one year.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Krueger for
the purposes of changing a vote, I believe.
ACTING PRESIDENT MORAHAN:
Senator Krueger.
SENATOR KRUEGER: Thank you.
Mr. President, I request unanimous
consent to be recorded in the negative on
Calendar 116, Senate Bill 482.
1001
ACTING PRESIDENT MORAHAN:
Without objection.
SENATOR SKELOS: Mr. President,
please recognize Senator Andrews.
ACTING PRESIDENT MORAHAN:
Senator Andrews.
SENATOR ANDREWS: Yes, Mr.
President. I request unanimous consent to be
recorded in the negative on the following: On
Calendar 76, Bill 2617A; Calendar 116, Bill
482; and Calendar 127, Bill 854.
ACTING PRESIDENT MORAHAN:
Without objection, so ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 132.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
132, by Senator Skelos, Senate Print 5640, an
act to amend the Criminal Procedure Law, in
relation to eliminating the statute of
limitations.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MORAHAN:
1002
Senator Skelos, an explanation has been
requested.
SENATOR SKELOS: Thank you, Mr.
President.
This legislation would remove the
current five-year statute of limitations
applicable to Class B violent felony offenses.
It adds a new crime of aggravated perjury,
provides convicted offenders, regardless of
the date of conviction, with an opportunity to
request DNA testing of evidence on a
demonstration that the DNA test requested
could not have been performed at the time of
the original trial.
And there are many other technical
aspects to the bill.
ACTING PRESIDENT MORAHAN:
Senator Paterson.
SENATOR PATERSON: Mr. President,
if Senator Skelos would yield for a question.
ACTING PRESIDENT MORAHAN:
Senator Skelos, will you continue to yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: The
1003
Senator yields.
SENATOR PATERSON: Senator, let's
start with the issue of the statute of
limitations. Now, I think it's clear to all
of us that we really wish that there was no
statute of limitations for any type of crime,
because if we could identify the actual
perpetrator, we would like to bring them
before justice.
The reason we have a statute of
limitations relates really more to the
availability of witnesses, the seasonable
nature of evidence, and a number of other
things that just make it almost impossible or
improbable that we can reach conviction. And
it puts a great stress on our prosecuting
agencies if they're forced into these types of
situations.
Now, the classifications that you
want to widen this to seem pretty
straightforward, because they are very serious
crimes. They're Class B felonies. My
question is --
SENATOR SKELOS: And I believe,
Senator Paterson, if I could interrupt, that
1004
several years ago when I had a different
version of the bill, you indicated that you
perhaps could be supportive of it if we
limited it to violent felony offenses.
And we followed your suggestion,
even though we felt that the other bill was
appropriate. And we felt that this would give
us a better opportunity to at least start and
pass it in the other house.
So we listened to you, Senator
Paterson.
ACTING PRESIDENT MORAHAN:
Senator Paterson.
SENATOR PATERSON: Mr. President,
being aware, as I am, that Senator Skelos and
his staff and all those who worked on this
bill listened to me, in this chamber, for all
the times I've advocated for things and was
never listened to, for me this moment is kind
of like nirvana.
(Laughter.)
SENATOR SKELOS: I not only
listened to you, I heard you.
ACTING PRESIDENT MORAHAN:
Senator Skelos, I don't think he was asking
1005
you to yield.
Is this on the bill, Senator
Paterson?
SENATOR PATERSON: Yes. I'd like
to know if the Senator would yield for another
question.
ACTING PRESIDENT MORAHAN:
Senator, will you yield?
SENATOR SKELOS: Yes, I do.
SENATOR PATERSON: Senator, the
issue of DNA evidence, here we have no
particular classification for the offense for
which we would be requesting DNA evidence. It
could be any type of conviction.
Can you explain why that would be
the case on some of the lesser offenses?
Because that's what's creating a little
misunderstanding on our side.
SENATOR SKELOS: I think, you
know, DNA is really the fingerprint of the
21st century. And in my opinion, people are
fingerprinted for numerous-offense
misdemeanors, low misdemeanors. And we think
it's totally appropriate, especially as DNA
science has advanced, that this type of
1006
information should be in a DNA database.
SENATOR PATERSON: Mr. President,
I have a myriad of other questions. But based
on the way things have worked out, I think I'm
just going to stop while I'm ahead. I was
asked to sign onto a bill last week; my advice
was taken this week. I may not even come back
next week.
(Laughter.)
ACTING PRESIDENT MORAHAN: Thank
you, Senator Paterson.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President. I wonder if Senator
Skelos would yield for a question for
clarification.
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR MONTGOMERY: Thank you.
Mr. President, I just note in the
memorandum of support here that one of the
aspects of the bill expands the definition of
a designated offender to include all persons
1007
sentenced or adjudicated a youth offender for
any misdemeanor or felony defined in the Penal
Law, and makes it a Class E felony to fail to
provide such a sample.
So I'm just wondering if Senator
Skelos intends to include youthful offenders
who were sentenced or adjudicated as a
misdemeanor, to force them to give their DNA
samples under this legislation, and if they
don't, they face an E felony conviction.
SENATOR SKELOS: The answer is if
it's in the memo, yes.
SENATOR MONTGOMERY: If it's in
the memo, it's the truth.
SENATOR SKELOS: Yes.
SENATOR MONTGOMERY: All right,
thank you, Senator.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Montgomery.
Any other Senator wish to be heard
on the bill?
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. On the bill.
ACTING PRESIDENT MORAHAN: On the
1008
bill, Senator.
SENATOR HASSELL-THOMPSON: Last
year when we debated this bill, I had some
very serious concerns about my voting against
the bill.
And I still do today, particularly
because one of the cases that's cited in case
law in this particular memo talks about a case
that occurred in the city of Mount Vernon.
And I happened to be the city council
president at the time that this case was
solved with the use of DNA. And if there had
been a statute of limitations, this was a
21-year-old crime and we probably would not
have been able to have solved it.
The problem that I continue to
have, however, with this is the fact of
youthful offenders and the same conditions --
if they refuse to be tested, that an E felony
will then be added. And it makes me very
concerned, because if the original crime was
only a misdemeanor, for it to become an E
felony because to refuse almost appears as
though there's an assumption of guilt.
And I think that while the overall
1009
intent -- and for every family who we are able
to close cases, as we did the case in Mount
Vernon, I am for supporting that kind of
legislative action. But I am not anxious to
have us continue to expand not only the law
but expand the net that catches in it smaller
fish that have absolutely no right to be
included in such a legislative act.
Therefore, Mr. President, I cannot
support this bill.
ACTING PRESIDENT MORAHAN: The
Secretary will read the last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Senator Duane, to explain your vote.
SENATOR DUANE: Thank you, Mr.
President.
I find it very troubling that this
bill eliminates the statute of limitations for
Class B violent felonies. Over time,
recollections of what happened become fuzzy.
1010
Oftentimes, important evidence is lost or
misplaced. I'm just -- let me continue and
then I'll have another comment. Eyewitnesses
may not be available. Other witnesses on the
case may not be available. They may have
died, they may have moved and it's hard to
track them down.
So to eliminate the statute of
limitations, there's a reason that our law
contains statutes of limitations, and that is
because -- exactly for the reason that the
closer an indictment or a trial is to the
actual committing of the crime, most likely
the more accurate will be the testimony and
the evidence at the trial. And our
foreparents realized that, and that's why
statutes of limitations were put into place.
In this case, even though the bill
mentions DNA, what's really happening with
this is the DNA is taken from people after
they're convicted. The DNA has absolutely
nothing to do with eliminating the statute of
limitations.
This bill does not say that the
statute of limitations will be eliminated only
1011
in cases where we have DNA. If that were the
case, I would probably vote for this bill.
But I think it's -- it's a Trojan
horse that, again, the bill eliminates the
statute of limitations but someone who is
liable to go to trial for a crime they didn't
commit would not have access to DNA, because
most likely it doesn't exist. And even if it
does exist, this doesn't call for its use.
The DNA provision in here just says, like
we're doing with everybody who's convicted of
a crime, that they are forced to give a DNA
sample.
So I don't want anyone to be
confused that the DNA has anything to do with
the elimination of the statute of limitations.
Eliminating the statute of limitations is
something that people should vote on. If they
agree with eliminating the statute of
limitations without DNA, then they should go
ahead and vote for it.
But if they share the concerns that
memories are fuzzy and evidence gets lost,
which it often does, and people move or die,
cops retire, then they should vote against it.
1012
Because there's a reason we have a statute of
limitations.
I'm also -- I have to mention this,
because we're often getting chastised for
being late to session, that here we are, the
vote hasn't even been completed on the bill,
and yet the sponsor is not even here to hear
people's reasons for voting for and against
it.
ACTING PRESIDENT MORAHAN:
Senator, you've exceeded the two minutes
allowed to --
SENATOR DUANE: No, I just wanted
to make that point. And I want to make it
clear that I'm also voting no.
Thank you.
ACTING PRESIDENT MORAHAN: Read
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 132 are
Senators Andrews, Duane, Hassell-Thompson, and
Montgomery. Ayes, 57. Nays, 4.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Kuhl, that completes the
1013
reading of the controversial calendar.
SENATOR KUHL: Thank you, Mr.
President. Outstanding job.
Could we return to the reports of
standing committees. I believe that there are
a couple of reports of committees at the desk.
I ask that they be read.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Senator Farley,
from the Committee on Banks, reports the
following bills:
Senate Print 849, by Senator
Balboni, an act to amend the Banking Law;
2839, by Senator Farley, an act to
amend the Banking Law;
2964, by Senator Farley, an act to
amend the Banking Law;
And Senate Print 6294, by Senator
Farley, an act to amend Chapter 591 of the
Laws of 2001.
Senator Leibell, from the Committee
on Civil Service and Pensions, reports:
Senate Print 2137, by Senator
Spano, an act to amend the Civil Service Law;
1014
3251, by Senator Leibell, an act to
amend the Education Law;
5259A, by Senator Leibell, an act
to amend the Civil Service Law;
6243, by Senator Leibell, an act
authorizing;
And Senate Print 6269, by Senator
LaValle, an act to amend the Retirement and
Social Security Law.
Senator Marcellino, from the
Committee on Environmental Conservation,
reports:
Senate Print 743, by Senator
Johnson, an act to amend the Environmental
Conservation Law;
1994, by Senator Farley, an act to
amend the Environmental Conservation Law;
5399, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
And Senate Print 5574A, by Senator
Stafford, an act to amend the Environmental
Conservation Law.
Senator DeFrancisco, from the
Committee on Tourism, Recreation and Sports
Development, reports:
1015
Senate Print 4754, by Senator
Marcellino, an act to amend the Navigation
Law;
And Senate Print 5094B, by Senator
Libous, an act to amend Chapter 912 of the
Laws of 1920.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills are reported
direct to third reading.
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I would be remiss if I didn't
correct something. The colloquialism that I
was grasping for was "red herring," not
"Trojan horse."
ACTING PRESIDENT MORAHAN: Thank
you very much.
SENATOR DUANE: You're welcome,
Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Kuhl.
SENATOR KUHL: Mr. President, is
there some housekeeping at the desk?
1016
ACTING PRESIDENT MORAHAN: Yes,
there is.
SENATOR KUHL: Can we return to
the order of motions and resolutions and take
care of that, then.
ACTING PRESIDENT MORAHAN: Yes.
Senator Espada.
SENATOR ESPADA: Thank you, Mr.
President. On page 17 I offer the following
amendments to Calendar 211, Senate Print
Number 2405, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Kuhl.
SENATOR KUHL: Is there any
further housekeeping at the desk?
ACTING PRESIDENT MORAHAN: No.
SENATOR KUHL: There being no
further business, then, Mr. President, I move
that the Senate stand adjourned until
tomorrow, March 6th, at 11:00. Note the time,
11:00 a.m.
1017
ACTING PRESIDENT MORAHAN: On
motion, the Senate stands adjourned until
Wednesday, March 6th, at 11:00 a.m.
(Whereupon, at 4:37 p.m., the
Senate adjourned.)