Regular Session - March 11, 2002
1059
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 11, 2002
3:10 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join with me in reciting the Pledge
of Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
at this time will we all take a moment of
silence in honor of the lives who perished on
September 11th.
(Whereupon, the assemblage
respected a moment of silence.)
SENATOR SKELOS: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: The
invocation will be given today by the Reverend
Peter G. Young.
Father Young.
REVEREND YOUNG: Thank you,
Senator.
Dear God, six months ago we were
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all traumatized by the attack on the World
Trade Center and the Pentagon. We sat by our
TV screens witnessing an unbelievable event.
Today represents the resilience of
our New York State citizens. And we ask You,
O compassionate God, to give those affected
strength and courage that will help them in
their suffering and the loss of their loved
ones.
O God, give us the sensitivity to
hear their anguish and their pain so that we
can treat them with kindly care. May You, O
God, strengthen us with the power to soothe
their heartache and help heal their scars with
love, as You, O God, have demonstrated Your
care for us.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, March 10, the Senate met pursuant to
adjournment. The Journal of Saturday,
March 9, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
1062
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Senator Volker.
SENATOR VOLKER: I'd like to
announce an immediate meeting of the Finance
Committee in Room 332, please.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
Room 332.
Senator Paterson.
SENATOR PATERSON: Mr. President,
going back to messages from the Assembly, I
wanted to know if the desk had received
notification from the Assembly of the annual
election and reelection of Regents, as per
Section 202 of the Education Law, and that the
time and date of that occurrence will be
tomorrow in the Assembly chamber at noon.
ACTING PRESIDENT MEIER: It's my
understanding, Senator, that that notice has
been received and it is on file in the Clerk's
1063
office.
SENATOR PATERSON: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Seward,
from the Committee on Insurance, reports the
following bills:
Senate Print 389, by Senator
Skelos, an act to amend the Insurance Law;
2810A, by Senator Seward, an act to
amend the Insurance Law;
3795B, by Senator Seward, an act to
amend the Insurance Law;
And Senate Print 6132, by Senator
Seward, an act to amend the Insurance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Reports of select committees.
Communications and reports from
state officers.
1064
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President. Mr. President, on behalf of
Senator Rath, on page number 4 I offer the
following amendments to Calendar Number 12,
Senate Print Number 3413, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President. Mr. President, on behalf of
Senator Morahan, on page number 12 I offer the
following amendments to Calendar Number 178,
Senate Print Number 6036A, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
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SENATOR McGEE: Thank you, Mr.
President. Mr. President, I wish to call up
my bill, on behalf of Senator Skelos, my bill,
Print Number 6263, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 6263, an
act to amend the Correction Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
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SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: We have
two, Senator.
The Secretary will read the
substitutions.
THE SECRETARY: On page number
12, Senator Spano moves to discharge, from the
Committee on Labor, Assembly Bill Number 9454,
and substitute it for the identical Senate
Bill Number 5813, Third Reading Calendar 175.
And on page 22, Senator Maltese
moves to discharge, from the Committee on
Elections, Assembly Bill Number 5463A and
substitute it for the identical Senate Bill
Number 2904A, Third Reading Calendar 282.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Volker.
SENATOR VOLKER: Mr. President,
there is a privileged resolution at the desk
1067
by Senator Rath. May we please have it read
in its entirety and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Rath,
Legislative Resolution Number 4316,
memorializing the Honorable George E. Pataki
to designate March 2002 as "Women's History
Month" in the State of New York, and
commemorating the New York State Senate's
"Women of Distinction" tribute.
"WHEREAS, It is the sense of this
Legislative Body to acknowledge and celebrate
individuals and events of historic
significance which add vitality, sensitivity,
understanding, and inspiration to the
diversity and value of the people of this
great Empire State; and
"WHEREAS, Women of every economic,
ethnic, and religious background have made
significant contributions that are reflected
in our cultural, social, educational,
industrial, and economic diversity, and have
contributed in many ways, including as
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writers, educators, scientists, heads of
state, politicians, civil rights crusaders,
artists, entertainers, businesswomen, military
personnel, aviators, entrepreneurs,
philanthropists, health professionals,
engineers, religious leaders, judges, lawyers,
law enforcement personnel, athletes, mothers,
nurturers, and the building blocks of our
communities; and
"WHEREAS, Women who have become
part of New York's lasting heritage by
fighting against stereotypes, prejudice, and
seemingly insurmountable obstacles include
Sojourner Truth, former slave and famous
activist; Harriet Tubman, best known
'conductor' of the Underground Railroad and
promoter of black education and women's
rights; suffragettes Susan B. Anthony and
Elizabeth Cady Stanton; world-renowned folk
artist Grandma Moses; famed reporter Nellie
Bly; Sybil Ludington, known as the 'female
Paul Revere'; Barbara McClintock, Nobel
Prize-winning genetic scientist; and 'First
Lady of the World,' Eleanor Roosevelt; and
"WHEREAS, New York State has been
1069
and continues to be the home of many
distinguished women who have made their mark
in history as the first in their field to
succeed. Representative of these 'firsts' are
contributions by women such as Lady Deborah
Moody, first woman grantee for land ownership
in the New World; Elizabeth Blackwell, first
female physician; Emma Willard, founder of the
first endowed institution of education for
women; hairdressing entrepreneur Madame C.J.
Walker, Harlem leader and first self-made
female millionaire in the U.S.; Buffalonian
Louise Blanchard Bethune, first professional
female architect in the nation; Lucille Ball,
actor and president of Desilu Productions, the
first woman to lead a major Hollywood
production company; Katharine Bement Davis,
New York City Correction Commissioner, first
woman to head a major city agency; Winifred
Edgerton Merrill, the first American woman to
receive a Ph.D. in mathematics; Dr. Mary
Edwards Walker, the first and only woman to be
presented with the Congressional Medal of
Honor; and Belva Lockwood, the first woman to
practice law before the United States Supreme
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Court; and
"WHEREAS, March has been designated
as 'Women's History Month' in the State of
New York, and in conjunction, the New York
State Senate celebrates 'Women's History
Month' with its 'Women of Distinction'
tribute; and
"WHEREAS, March 11, 2002, marks the
six-month anniversary of the unprecedented
tragedy which befell our state and nation on
September 11, 2001; this year's New York State
Senate's 'Women of Distinction' honorees are
38-year-old Moira Smith, a decorated NYPD
officer; 46-year-old Captain Kathy Mazza, the
first female commandant of the Port Authority
Police Training Academy; and 24-year-old Yamel
Merino, New York State's 2001 Emergency
Medical Technician of the Year, all of whom
were among on the first on the scene at the
World Trade Center, literally saving the lives
of hundreds; and
"WHEREAS, The horrific events of
September 11th shone a bright light on the
heroic actions of emergency service workers.
Working side by side, running stride for
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stride, women and men worked together
tirelessly to rescue and recover victims.
'Women of Distinction' commemorates the role
that women have always played in serving our
communities as emergency and rescue workers,
and pays special tribute to the women heroes
of 9/11 who made the ultimate sacrifice; and
"WHEREAS, This Legislative Body
recognizes that New York State is the home to
countless women who are strong and colorful
threads vital to the fabric of our rich
heritage, who have contributed and continue to
add to the advancement of our culture through
their traditional and nontraditional roles in
society; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to officially
designate March 2002 as 'Women's History
Month' in the State of New York, and to
commemorate the New York State Senate's 'Women
of Distinction' honorees, a time to recognize
the unique and enduring contributions of women
throughout New York State and the nation; and
be it further
"RESOLVED, That copies of this
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resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York, Lieutenant Governor
Mary O. Donohue, the National Women's Hall of
Fame, and the New York State Division for
Women."
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Thank you, Mr.
President.
Listening to the reading of the
resolution, it was brought to mind again, as
it is poignantly each year, how much we as
women in New York State have to be grateful
for women who were trailblazers. And as the
saying goes, we all stand on the shoulders of
those who blazed the trail before us.
Some might ask why are we
celebrating a "Women's History Month." And I
think a hundred years ago or even fifty years
ago, it might have been impossible to have
imagined commemorating something like "Women's
History Month," because history month is every
month. History is being made always.
But why such attention on women's
1073
history lately, in the last 25 years, maybe?
The emerging roles, the changing roles, as I
look at the young women sitting along the
sidelines. Maybe there weren't many young
women there twenty years ago or fifty years
ago. Women are playing so many different
roles today than they were, and it's taken
some identification of that for all of us to
begin to be significantly aware of how
important those roles have been.
Today, as we're particularly
honoring and mentioning the three brave and
courageous women who threw caution and care of
themselves aside and raced into the buildings
six months ago today to save the lives of
others, unconcerned about their safety -- they
were going to work that day at what was twenty
years ago, ten years ago considered
unconventional jobs for women, unconventional
places for them to be. They just went to work
that day. They didn't come home that night.
Lots of women are serving in very
unusual and unconventional roles today. Some
of them are heroes and well known. Certainly
as we listen to the litany of the women a few
1074
minutes ago, we heard that. But the women who
are serving today in some less than roles like
Lucille Ball and Eleanor Roosevelt and some of
the ones that are so well known as we talk
about the women of distinction of New York
State, all women who are serving in any
capacity are serving as examples for women of
tomorrow.
And as the young women come along
behind those of us who are serving, please
feel free: stand on our shoulders, take
credit for some of the things we've done,
learn from us, criticize what we have missed
doing, and recognize that you have an
unlimited possibility as the future holds it
out for you here in New York State.
And when you go other places and
say that you are from New York State, people
will recognize that you have come from one of
the best places on earth that sets an example
for the rest of the country and, indeed, the
rest of the world, as we did six months ago
today as we set an example for the world by
the bravery and courageous action of the
people of New York City.
1075
I'd like to open this resolution up
for all of the members who would like to be on
the resolution. Thank you very much for your
attention.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Mr. President,
on the resolution.
I wish to rise and congratulate
Senator Rath for again making these very
important contributions noted for the record
of this state.
I couldn't help, though, but notice
that during the discussion and reading of this
resolution how the distinguished women so
honored were not so honored because of their
participation in Women's History Month, but
because they did things so important to the
history of this state and the history of this
nation.
They did so in tremendous
contribution. And it's something I believe
should be pointed out time and time again.
Many of these women came from the Finger Lakes
region, the area that I represent -- Harriet
1076
Tubman, Elizabeth Cady Stanton, Susan B.
Anthony, most notably.
That we have a wonderful franchise
in this state that is unique to New York, that
no one can take away from us, because of the
contributions of these distinguished
individuals mentioned in the resolution.
It's a heritage that we can be
extremely proud of, and one that we need to
continue to promote because it presents such a
wonderful focus on not just the women so
honored but for our entire state.
And thank you, Senator Rath, for
again your leadership.
Thank you, Mr. President, for
letting me speak on this resolution.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. On the resolution, just a
comment.
I am very pleased about the women
who have been selected to be a part of this
resolution. But I have a momentary concern
that there are no women from the Minority who
1077
have been placed in nomination for this
singular honor. Particularly when we look at
the fact that too often our women from the
Minority have started from a point of
disadvantage.
So that's just my note that I would
like to go on the record as regards this
resolution.
ACTING PRESIDENT MEIER: The
sponsor has opened the resolution to
sponsorship. Any member who would like to
sponsor the resolution, please notify the
desk.
Senator Volker.
SENATOR VOLKER: Let's just do it
the normal way, which I think is that anybody
can be on it. If they're objecting, they can
just raise their hand and say they don't want
to be on it.
Is that right? Okay.
ACTING PRESIDENT MEIER: Very
well. Resolution 4316 is opened for
cosponsorship by all members of the Senate.
If you do not wish to be on this resolution,
please notify the desk.
1078
SENATOR VOLKER: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Volker.
SENATOR VOLKER: Mr. President, I
think there are a couple of other privileged
resolutions by Senator Larkin at the desk.
Would you read the title only, please.
ACTING PRESIDENT MEIER: The
Secretary will read the titles of the
privileged resolutions.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 4344,
honoring the United States Military Academy at
West Point upon the occasion of the March 16,
2002, ceremony marking the issuance of a
United States Postal Service stamp and a coin
1079
commemorating its bicentennial.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Volker.
SENATOR VOLKER: Senator Larkin
indicated that he would also like the title to
be open for cosponsors. So that we could do
the same thing we did on the last resolution,
that everybody will be put on unless they
object.
Is that right?
ACTING PRESIDENT MEIER: Okay.
With regard to Resolution 4344, the Secretary
will add every member's name unless they
notify us otherwise.
The Secretary will continue to
read.
THE SECRETARY: By Senator
1080
Larkin, Legislative Resolution Number 4345,
paying tribute to Jacques Bayle, the French
General Inspector of Finance, and extending a
warm welcome on his visit to Albany, New York,
on March 12, 2002.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Volker.
SENATOR VOLKER: Mr. President, I
believe there are two other privileged
resolutions by Senator Hoffmann. Would you
please read the titles only, please.
ACTING PRESIDENT MEIER: The
Secretary will read the titles of the
privileged resolutions.
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 4346,
paying tribute to the memory of Firefighter
1081
Timothy J. Lynch, of Manlius, New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 4347,
paying tribute to the memory of Firefighter
John Evo Ginocchetti, of Cazenovia, New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Volker.
1082
SENATOR VOLKER: Mr. President,
may we please have the noncontroversial
calendar read, please.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
48, by Senator DeFrancisco, Senate Print 4919,
an act to amend the Economic Development Law,
in relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 120 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
98, by Senator Alesi, Senate Print 520, an act
to amend the Public Health Law, in relation to
mandatory reporting.
ACTING PRESIDENT MEIER: Read the
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last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
100, by Senator Hannon, Senate Print 2451, an
act to amend the Public Health Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
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175, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
9454, an act to amend the Labor Law, in
relation to prohibiting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
185, by Senator Skelos, Senate Print 403, an
act to amend the Penal Law, in relation to
sentencing of persistent, violent felony
offenders.
SENATOR PATERSON: Lay it aside.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1085
187, by Senator Morahan -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
190, by Senator Libous, Senate Print 1990, an
act -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
208, Senate Print 1428, an act to amend the
General Municipal Law, in relation to
allowing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
1086
THE SECRETARY: Calendar Number
222, by Senator Maziarz, Senate Print 6139, an
act to authorize the transfer of cash and cash
reserves.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
223, by Senator Leibell, Senate Print 6195, an
act to amend Chapter 742 of the Laws of 1971.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
1087
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker, that completes the
noncontroversial reading of the calendar.
SENATOR VOLKER: Mr. President,
would you just stand at ease for just a
second.
Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
would you call up Calendar Number 187, by
Senator Morahan, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 187.
THE SECRETARY: Calendar Number
187, by Senator Morahan, Senate Print 1759, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to fixing
sentences.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Morahan, an explanation has been requested of
Calendar 187 by Senator Duane.
1088
SENATOR MORAHAN: Thank you, Mr.
President. I'll be happy to explain the bill.
It requires that a person serving a
sentence of parole supervision or on parole,
conditional release, temporary release, or
postrelease supervision who has been convicted
of a felony committed while on such parole or
release to be recommitted to serve the maximum
term imposed by the court for the initial
felony, in addition to the minimum term
imposed for the subsequent felony, before
reconsideration for parole, conditional
release, temporary release, or postrelease
supervision or a parole supervision.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield, please.
ACTING PRESIDENT MEIER: Senator
Morahan, do you yield for a question?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is this a
Governor's program bill?
1089
SENATOR MORAHAN: No, sir. Not
to my knowledge, let me put it that way.
SENATOR DUANE: And if the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Have you
discussed this matter with the Governor's
criminal justice people?
SENATOR MORAHAN: No, I have not.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
you have discussed this matter with the
Department of Corrections.
SENATOR MORAHAN: No, I have not.
1090
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DUANE: About how many
people are sent back to prison for parole
violations each year?
SENATOR MORAHAN: I don't know,
Senator. Must be thousands.
SENATOR DUANE: I'm sorry, must
be thousands?
SENATOR MORAHAN: Must be
hundreds, thousands. I really don't know.
SENATOR DUANE: What will the -
through you, Mr. President, if the sponsor
would continue to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
1091
sponsor yields.
SENATOR DUANE: Will this
legislation cause overcrowding in the state's
correctional system in the outyears?
SENATOR MORAHAN: I don't believe
it will, because the population, as you may
know, is going down year after year.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue?
SENATOR MORAHAN: Happily.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: If parole is
eliminated for a person who reoffends while
being out on parole, do you think that that
will mean that there will be a lot more people
serving 30 years or more in prison?
SENATOR MORAHAN: I really don't
know what that may or may not call for in the
future, Senator. It's hard, I don't have a
crystal ball.
I just know there's something wrong
1092
with allowing someone who's been given the
privilege of parole or probation or supervised
activity, who commits a felony while on such
leave from prison, to allow that person back
on the streets or to not let them know how
seriously we think about felonies.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you yield?
SENATOR MORAHAN: Yes, I do,
Senator.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Now, should we
not be leaving these kinds of decisions up to
the Parole Board?
SENATOR MORAHAN: Well, let's put
it this way. The Parole Board put them on
parole or supervised maintenance, if you will,
at one time in the past. I believe we have to
make a statement. We can leave some decisions
to the parole bureaus, but I think we have to
speak to the policy.
1093
SENATOR DUANE: And then through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you, Mr.
President.
Is there companion legislation
which addresses the purview of the Parole
Board in the state, then?
SENATOR MORAHAN: I didn't
understand the question. Would you repeat the
question, Senator?
SENATOR DUANE: Well, yes, of
course. Through you, Mr. President.
If the way I understand this bill
is it would eliminate some of the Parole
Board's discretion, then is there companion
legislation which in fact deals with the issue
of the responsibilities of the Parole Board?
SENATOR MORAHAN: No.
SENATOR DUANE: And through you,
1094
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: However, we could
agree that this bill would take away the power
of the Parole Board.
SENATOR MORAHAN: Well, it just
mandates under certain conditions what will
happen to those who commit a felony. And,
yes, it does mandate that to a degree for
those who commit felonies while on parole.
But there's other aspects other than the
parole.
SENATOR DUANE: So in a way,
then, this bill says that we don't really
trust the actions of the Parole Board, is that
correct?
SENATOR MORAHAN: No, that would
be your interpretation if that's your
interpretation. It's not mine.
1095
I think this encourages them and
rewards them, and I think it recognizes the
difficult task they have.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, sir.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm not sure I
understand how this rewards the Parole Board.
SENATOR MORAHAN: Well, maybe
"reward" is not the appropriate word. Maybe
it does recognize the difficulties that they
face in executing their obligations.
And I think it's our obligation to
give them some of the guidance on the policy
on how this State Legislature and/or the
Governor, should he sign the bill, feels about
matters such as this.
SENATOR DUANE: Well, through
you, Mr. President, if the sponsor would
continue to yield.
1096
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is the sponsor
then saying that the job of a Parole Board
member is too difficult for them and they need
our help and that we're probably underpaying
them by paying them over $100,000 a year?
SENATOR MORAHAN: No, I don't
think that's what the bill says, Senator.
SENATOR DUANE: Then through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Then perhaps I
just don't understand. If we're going to be
legislating what the Parole Board can and
cannot do, then, in terms of what its role is
1097
of how it treats people within the
correctional system, if we're going to
micromanage that, then why do we even need the
Parole Board?
SENATOR MORAHAN: Senator, each
year we past a host of bills here in the
Senate and in the Assembly. Some of them
match, some of them become law, signed by the
Governor, that deal with a whole host of
issues on criminal justice. And I don't
believe that any of those bills calls into
question any department in the Criminal
Justice Department, in the state agency
Corrections Department, or the Parole
Department.
This is a simple bill.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But does not this
1098
bill basically order the Parole Board to have
someone who may have committed another offense
serve out their entire term?
SENATOR MORAHAN: The bill
requires anyone who's serving on parole or
probation or any other form of release, okay,
a recommitment. It requires them to be
recommitted if they commit a felony while on
release.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But doesn't this
bill usurp whatever a Parole Board might
decide to do and mandate it to do something?
SENATOR MORAHAN: I don't believe
it does. I believe this says we're going to
readmit the felon back to do the completed
first term and serve a minimum of a new
sentence before he can be released on parole
1099
again. So the Parole Board would have
jurisdiction on the second offense, the felony
which he commits.
We're saying the felony he commits
while on parole forfeits his parole, forfeits
his probation, all of which I believe to be a
privilege and subject to your conduct while on
such a parole, that he would -- he or she
would be returned to complete the entire term
of the felony that they have been released
for.
SENATOR DUANE: And through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Morahan, do you yield?
SENATOR MORAHAN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: However, without
this legislation, the Parole Board would have
the discretion; is that correct?
SENATOR MORAHAN: Yes.
SENATOR DUANE: Thank you.
1100
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm just -- I'm
puzzled that we would have this bill before us
but not really have the facts on how many -
the facts, I assume, are available on how many
people on parole are sent back for parole
violations each year, what the cost of this
would be in the outyears.
You know, I am aware that by and
large Majority bills never have any cost, but
it just strikes me that this one in fact would
have a cost. And I know that the Governor has
made it part of his platform to eliminate the
Parole Board. However, as far as I know that
hasn't happened yet, and the Parole Board, by
statute, has certain discretions that it can
use for people in the criminal justice system.
So I don't really understand why we
would piecemeal be taking away the power of
the Parole Board. If the Parole Board needs
to be overhauled, then it should be
overhauled. But to do it this way strikes me
as not really an appropriate way to legislate.
1101
Also, there's no allowance in this
bill for someone, say, who as a young person
commits a crime and then while out on parole
commits another crime and then 30 years later
is actually rehabilitated. There's no way
that this person could ever, then, get out.
So basically it would become a -- you know, it
could be a life sentence, it could be a
30-year sentence. Which means we're going to
have an awful lot of old people in prison. We
already do have an awful lot of older people
in prisons as it is.
But I just don't understand why we
would have this legislation on our desks
without really knowing what the impact of the
legislation would be.
So I'm going to vote no on it, and
I would encourage my colleagues to vote no as
well.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to ask the sponsor a
question.
ACTING PRESIDENT MEIER: Senator
1102
Morahan, do you yield for a question?
SENATOR MORAHAN: Yes, sir.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you,
Mr. President.
Senator Morahan, does this bill -
the bill says a felony. Does that -- is that
specific to violent felonies, or is that any
felony that -
SENATOR MORAHAN: Just a felony.
SENATOR MONTGOMERY: -- including
drug felonies, nonviolent drug felonies?
SENATOR MORAHAN: Felonies.
SENATOR MONTGOMERY: So anything.
All.
SENATOR MORAHAN: Yes, ma'am.
SENATOR MONTGOMERY: Another
question, Mr. President.
ACTING PRESIDENT MEIER: Senator
Morahan, do you yield to another question?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
1103
Morahan, you know that we now have -
certainly in Kings County the Department of
Corrections runs a drug treatment facility.
The DAs in many of the counties across the
state are using more and more the option of
sending a particular case into a drug court
proceeding.
And there are -- basically the
penalty is avoided by agreeing to go into drug
treatment. In other words, the option that is
more and more being used for drug felony
arrests, nonviolent drug felony arrests, is
the alternative to incarceration.
SENATOR MORAHAN: Yes.
SENATOR MONTGOMERY: And
alternative sentencing.
And so I'm just wondering, it seems
to me that your legislation, then, essentially
violates the intent and the possible positive
outcome of the drug courts in particular and,
in general, the move to move this whole issue
of drug felony out of corrections so much and
place it into an arena that is more geared to
treatment.
But with your legislation, that
1104
goes by the wayside. Isn't that a
contradiction for us right here?
SENATOR MORAHAN: I don't believe
it is, Senator. I believe that if a court
does so assign a felon to that sort of
treatment but, while in that condition and in
that rehabilitation program, they continue -
he or she continues or does commit a felony,
then I think the rehabilitation obviously was
not that helpful.
And I don't know the sincerity -
or we don't know the sincerity, if you will,
of the people who are so sentenced to that
rehabilitation.
But it does allow for that
rehabilitation to occur, just as probation
does and parole does, so people do have a
chance.
SENATOR MONTGOMERY: All right.
Thank you for your explanation, Senator
Morahan.
Mr. President, briefly on the
legislation.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
1105
SENATOR MONTGOMERY: Yes. I
support Senator Duane and his concerns raised.
I also believe that this is just going in the
opposite direction of where even the Governor
is attempting to go -- at least he is making
signals in that direction -- and that is we
want to reduce the tremendous burden that the
state now has in terms of incarcerating people
who essentially have an illness, many of them
mental illness, many of them dual-diagnosed
with mental illness and drug abuse. And
obviously, with that kind of combination, they
are bound to commit an infraction.
But rather than simply looking at
the infraction, especially if it is a
nonviolent situation -- i.e., drugs and what
have you -- we're now looking to treat the
person as if that person has those illnesses
which are exhibited and that those trigger
that behavior.
This legislation takes all of that
away. Mr. President, we're going absolutely
backwards. We're losing all sense of any
direction to make a correction in the way that
we have been going, a direction that we all
1106
agree has cost too much money, too many lives,
destroyed communities, and has not bought us
any additional security or sense of safety.
So I'm opposed to this. I
appreciate Senator Duane's discussion and
illuminating this whole question for us. And
I certainly also encourage my colleagues to
vote no on this legislation. It's the wrong
direction for us to be taking at this time.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 187 are
Senators Andrews, Duane, Hassell-Thompson,
Ms. Krueger, Montgomery, and Senator Santiago.
Also Senator A. Smith. Ayes, 52. Nays, 7.
ACTING PRESIDENT MEIER: The bill
is passed.
1107
Senator Volker.
SENATOR VOLKER: Mr. President,
would you return to reports of standing
committees for a finance report, please.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print Number 1508, by
Senator Alesi, an act to amend the Executive
Law;
3291, by Senator LaValle, an act to
amend the Executive Law;
3517, by Senator Seward, an act to
amend the State Finance Law;
3813, by Senator Velella, an act to
amend the Executive Law;
5492A, by Senator Libous, an act
authorizing the Commissioner of
Transportation;
5853, by Senator Kuhl, an act to
amend the Executive Law;
6026, by Senator Volker, an act to
1108
amend the Executive Law;
6073, by Senator Marcellino, an act
to amend the Executive Law;
6074, by Senator Marcellino, an act
to amend the Executive Law;
And Senate Print 6158, by Senator
Spano, an act to amend the State Finance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Volker.
SENATOR VOLKER: Mr. President,
would you take up Senator Kuhl's bill, Senate
Print 5853, please.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
301, by Senator Kuhl, Senate Print 5853, an
act to amend the Executive Law, in relation to
requiring.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
1109
Kuhl, an explanation has been requested by
Senator Duane.
SENATOR KUHL: Thank you, Mr.
President.
This is a bill that essentially
amends Subdivision 21 of Section 403 of the
Executive Law, which currently indicates that
the flag that's displayed at every public
facility in the state of New York will be
flown at full staff except when it is
necessary to or appropriate to commemorate the
death of a person of national or state
standing, or of a local serviceman or -woman,
or of an official or public servant who, in
the opinion of the local agency, contributed
to the community, or at times when the
Governor or President designate that it shall
be flown at half-mast -- with the exception of
one day. That day is Pearl Harbor.
This bill would amend the statute
to essentially acknowledge the fact that we
had the most horrific, unbelievable tragedy
occur in this state on September 11th, just
six months ago today, and that we will
henceforth, after this bill passes the
1110
Assembly -- and I have no doubt that it
will -- and it's signed into law by the
Governor, we will fly the flags at all public
facilities in this state at half-mast on
September 11th.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield,
please.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
this legislation was open to all members of
the Senate for sponsorship.
SENATOR KUHL: I think I heard
the question, even though there was a little
noise in back of me here.
But the answer is yes, Senator, you
should have gotten that communication from
your counsel earlier today, as I delivered the
message to all members of my Majority who
1111
asked whether or not they were going to be on
it. And the answer was absolutely.
This is a time of nonpartisanship.
This is not a partisan bill. While we could
make it a program bill, certainly that's not
the intention.
And so, in fact, your staff and
your leadership have been informed that all of
you are going to be placed on the bill.
Unless, Senator, you don't wish to be on the
bill. If that's the case, you should notify
the desk.
And that is the case with all my
Majority members over here. They've been told
that their names will be placed on the bill
unless they wish not to be. In that case,
they can notify the desk that they don't wish
to be sponsors.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
1112
sponsor yields.
SENATOR DUANE: I am just taken
aback that when I read the bill in front of me
that it only has the names of Majority members
on it. And I'm wondering why it was not
opened at its inception but was opened down
the line.
I'm going to withdraw the question,
Mr. President.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT MEIER: You're
welcome.
Any other Senator wishing to be
heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker.
1113
SENATOR VOLKER: Mr. President,
could you take up Senator Marcellino's bill,
Senate Print 6073, please, which is on the
desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
303, by Senator Marcellino, Senate Print 6073,
an act to amend the Executive Law, in relation
to display of the flag on 9/11 Remembrance
Day.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: And on the
bills, we would certainly like this bill to be
opened up to all members in the usual fashion.
ACTING PRESIDENT MEIER: We'll
handle this bill in the same fashion, then.
1114
All members will be recorded as cosponsors.
If for some reason a member wishes not to be,
notify the desk.
The Secretary will announce the
results of the roll call.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Volker.
SENATOR VOLKER: Mr. President,
if we can take up Senator Marcellino's bill,
Senate Print 6074, which is now currently on
your desks.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
304, by Senator Marcellino, Senate Print 6074,
an act to amend the Executive Law, in relation
to designating September 11th as 9/11
Remembrance Day, a day of commemoration.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I'd like to do the same thing and
open this bill up to all cosponsors, in our
1115
fashion in this house. Anybody not wishing to
be, please notify the desk. Otherwise we'll
put everybody on the bill.
This bill basically states that
this day will be commemorated from hereafter
as a day of commemoration, a day of
contemplation of the horrific and cowardly act
that took place on 9/11.
It's also to be commemorated in
honor of the bravery of those individuals who
went to that site and helped to rescue
literally thousands of people -- or 3,000
lives were lost, approximately. Many
thousands more could have been lost but for
those who went into that building with
disregard for their own health and safety and
got out all those who got out safely.
This is probably an example of the
most heroic and successful rescue operation
that has ever occurred in the history of
mankind, and we believe this day should be
commemorated from here on.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: In the
same fashion as the previous bill, then, all
1116
members will be listed as cosponsors unless
they wish not to be; in which case, inform the
desk.
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 MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 185.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 185.
THE SECRETARY: Calendar Number
185, by Senator Skelos, Senate Print 403, an
act to amend the Penal Law, in relation to
sentencing.
SENATOR DUANE: Explanation,
please.
1117
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested by
Senator Duane.
SENATOR SKELOS: Thank you, Mr.
President.
This legislation will eliminate
discretionary parole for violent felony
offenders who have been convicted and
sentenced for three or more violent felonies.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering
whether or not this is a Governor's program
bill.
SENATOR SKELOS: No.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
1118
to yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you continue to yield?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And I'm wondering
if there have been any discussions with the
Governor's criminal justice staff members
regarding this legislation.
SENATOR SKELOS: I am not
familiar with discussions at the staff level.
Certainly I have not.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is there similar
legislation in other states?
SENATOR SKELOS: Yes, I'm sure
1119
there is.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And what has been
the -
SENATOR SKELOS: Senator, would
it be possible for you to speak into the mike?
Because it's just not picking you up. Thank
you.
SENATOR DUANE: Through you, Mr.
President. I was -- even when I was small, I
was tall. It's always been a problem.
I'm wondering if there's any data
on what the impact of these kinds of laws has
been in the other states.
SENATOR SKELOS: Mr. President,
if I could, the impact would be safer
communities for the people of the State of
1120
New York.
SENATOR DUANE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
At the risk of beating a dead
horse -- which I'm sure people will say I've
taken that risk -- I don't understand how we
can pass this legislation without even
discussing it with the Executive branch and
whether or not this is part of their criminal
justice package. Or, for that matter, how we
can do this without finding out what the
impact would be on our correctional system.
1121
And, for that matter, to find out
how the Parole Board members feel about it.
For, you know, $100,000 plus a year, I would
think they might actually have an opinion on
this kind of bill.
So I just would encourage us to
have a little bit more data before we pass
these pieces of legislation. And until such
time as we do a more sweeping look at the
Parole Board and its functions, I would
encourage my colleagues to vote no.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
Senator Montgomery, to explain her
vote.
SENATOR MONTGOMERY: Yes, Mr.
President. I would just like to point out to
my colleagues that this bill is a "three
strikes and you are in for life" legislation.
And it includes burglary and assault as
violent felonies, obviously.
And this is despite the fact that
in 1995 we already passed legislation which
increased the sentencing of these felonies
from a term of 12 to life up to 25 years to
1122
life, and the requirement that 6/7 of that
term be fulfilled before you are eligible for
parole.
So I think this is once again we're
going very, very far in terms of increasing
the length of time any person is to be
incarcerated. And this is essentially a
"three strikes and you're in for life" bill
which we know has not worked at all in the
state of California, which is the first state
that enacted such a law.
So I'm going to vote no. This is a
very bad bill for us to consider today.
ACTING PRESIDENT MEIER: Senator
Montgomery will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 185 are
Senators Andrews, Duane, Hassell-Thompson,
Ms. Krueger, Montgomery, Paterson, Sampson,
Santiago, Schneiderman, and Senator A. Smith.
Ayes, 49. Nays, 10.
ACTING PRESIDENT MEIER: The bill
is passed.
1123
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please lay aside Calendar Number 190
for the day.
ACTING PRESIDENT MEIER: Calendar
190 will be laid aside for the day.
That then would complete the
calendar, Senator.
SENATOR SKELOS: Mr. President,
would you please call up Calendar 84.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar Number 84.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 6263A, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the message of necessity. All
1124
those in favor of accepting the message say
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 24. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: I want to be
considered in the negative on Calendar 84.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 84.
1125
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MEIER: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I would also like to be recorded
in the negative on Calendar Number 84.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 84.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
inadvertently laid Senator Libous's bill
aside, Calendar Number 190. And with the
gracious consent of the Minority, they would
allow us to bring it up at this time.
ACTING PRESIDENT MEIER: Without
objection, the Secretary will read Calendar
190.
THE SECRETARY: Calendar Number
190, by Senator Libous, Senate Print 1990, an
act to amend the Penal Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
1126
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Schneiderman, to explain his vote.
SENATOR SCHNEIDERMAN: Yes, thank
you. I'm sorry our friend Senator Libous is
not here. We had a colloquy over this last
year.
I do feel very strongly that
additional penalties for possession of a
firearm are appropriate in virtually every
circumstance. The reason that I have to vote
against this bill is that I think that it
isolates drug offenses, which are
unfortunately locked into a very, very bad
framework in our laws by the Rockefeller Drug
Laws and other statutes.
And I think isolating crimes which
can involve very, very small quantities of
drugs with disproportionate punishments and
attaching an additional penalty for the
possession of a firearm really, if anything,
1127
calls attention to the need for reform of
those laws more than it does for the penalties
called for in this bill.
While I generally support the idea
of additional penalties for firearms, as I
noted to Senator Libous last year, I'm voting
no because of the catastrophic condition of
laws against drugs in New York State. And
that's what this bill would limit its effect
to.
Thank you, Mr. President. I vote
no.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the negative.
Senator Hevesi, to explain his
vote.
SENATOR HEVESI: Thank you, Mr.
President. I rise to explain my vote very
briefly, and I made similar comments last
year.
I support this bill that if
somebody is convicted of a drug offense that
they should be deemed unsuitable to possess a
rifle or a shotgun, but again would like to
point out that we have no background checks,
1128
no checks of any kind for anyone who wants to
purchase a rifle or a shotgun.
So even though this is a worthy
piece of legislation, we don't have the
additional implementation to prevent somebody
who would be convicted under this bill from
actually being prevented, when they walked in,
to buy the rifle or the shotgun.
It's a policy loophole that I think
if this is worthy to pass, it would be worthy
to correct that.
But I vote yes on this bill.
ACTING PRESIDENT MEIER: Senator
Hevesi will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 190 are
Senators Montgomery, Paterson, and
Schneiderman. Ayes, 56. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR SKELOS: Please recognize
Senator Montgomery.
ACTING PRESIDENT MEIER: Senator
1129
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I was not in the chamber when we
debated and voted for the Calendar Number 184
last Wednesday. But had I been here, I would
have voted no on that legislation.
I just would like the record to
show it, please.
ACTING PRESIDENT MEIER: The
record will so reflect, Senator Montgomery.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not, Senator.
SENATOR SKELOS: Mr. President,
on behalf of Senator Bruno, I hand up the
following notice of leadership changes and ask
that it be filed in the Journal.
ACTING PRESIDENT MEIER: Received
and filed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
as we conclude the session, as we began the
session, may we please have a moment of
1130
silence in honor of the victims of the tragedy
of September 11th.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Thank you.
Mr. President, there being no
further business to come before the Senate, I
move we adjourn until Tuesday, March 5th, at
3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, March 5th, at -- March 12th, at
3:00 p.m.
SENATOR PATERSON: Mr. President,
Senator Skelos is running a week behind.
March 12th.
(Whereupon, at 4:15 p.m., the
Senate adjourned.)