Regular Session - February 25, 2003
666
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 25, 2003
12:05 p.m.
REGULAR SESSION
SENATOR JOSEPH E. ROBACH, Acting President
STEVEN M. BOGGESS, Secretary
667
P R O C E E D I N G S
ACTING PRESIDENT ROBACH: 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 ROBACH: In the
absence of clergy, could we please bow our
heads for a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT ROBACH: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, February 24, the Senate met pursuant
to adjournment. The Journal of Sunday,
February 23, was read and approved. On
motion, Senate adjourned.
ACTING PRESIDENT ROBACH: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
668
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator McGee,
from the Committee on Alcoholism and Drug
Abuse, reports:
Senate Print 42, by Senator Alesi,
an act to amend the Vehicle and Traffic Law;
335, by Senator LaValle, an act to
amend the Vehicle and Traffic Law;
729, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
731, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
And Senate Print 1262, by Senator
McGee, an act to amend the Vehicle and Traffic
Law.
Senator Volker, from the Committee
on Codes, reports:
Senate Print 1034, by Senator
Morahan, an act to amend the Penal Law and the
Criminal Procedure Law;
1055, by Senator Skelos, an act to
amend the Penal Law;
1109, by Senator Volker, an act to
669
amend the Criminal Procedure Law;
1143, by Senator DeFrancisco, an
act to amend the Penal Law;
1157, by Senator Volker, an act to
amend the Criminal Procedure Law and others;
1202, by Senator Robach, an act to
amend the Penal Law;
1225, by Senator Larkin, an act to
amend the Civil Practice Law and Rules;
1235, by Senator Larkin, an act to
amend the Penal Law;
1264, by Senator Meier, an act to
amend the Penal Law;
1340, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
1384, by Senator Volker, an act to
amend the Criminal Procedure Law;
1433, by Senator Volker, an act to
amend the Penal Law;
1436, by Senator Volker, an act to
amend the Penal Law;
And Senate Print 1437, by Senator
Volker, an act to amend the Penal Law.
Senator Velella, from the Committee
on Labor, reports:
670
Senate Print 108, by Senator
Velella, an act to amend the Labor Law;
And Senate Print 850, by Senator
Balboni, an act to amend the Labor Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT ROBACH: All
bills reported direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President,
before we go to motions and resolutions, there
will be an immediate meeting of the Commerce,
Economic Development and Small Business
Committee in the Majority Conference Room.
ACTING PRESIDENT ROBACH:
Immediate meeting of the Committee on
Commerce, Economic Development, and Small
Business in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: On motions and
resolutions, if we could adopt the Resolution
671
Calendar, with the exception of
Resolution 425.
ACTING PRESIDENT ROBACH: All in
favor of adopting the Resolution Calendar,
with the exception of Resolution Number 425,
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
Resolution Calendar is adopted.
SENATOR SKELOS: Mr. President,
at this time if we could have the title read
on Resolution Number 425, by Senator Golden.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: By Senators
Golden and Diaz, Legislative Resolution
Number 425, memorializing Governor George E.
Pataki to proclaim May 2003 as Older Americans
Month in the State of New York.
ACTING PRESIDENT ROBACH: The
question is on the resolution. All in favor
signify by saying aye.
672
(Response of "Aye.")
ACTING PRESIDENT ROBACH:
Opposed, nay.
(No response.)
ACTING PRESIDENT ROBACH: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Senator Golden
has consented to put all the members on the
resolution. If anybody does not wish to
sponsor the resolution, they should notify the
desk.
ACTING PRESIDENT ROBACH: The
resolution is open for cosponsorship. If you
do not wish to be a cosponsor, please notify
the desk.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
78, by Senator Marcellino, Senate Print 763,
an act to amend the Penal Law, in relation to
including the theft of dogs and cats.
673
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
81, by Senator Balboni, Senate Print 851, an
act to amend the Penal Law, in relation to
criminal street gang activity on school
grounds.
SENATOR SCHNEIDERMAN: Lay it
aside, please.
ACTING PRESIDENT ROBACH: The
bill is laid aside.
THE SECRETARY: Calendar Number
84, by Senator Trunzo, Senate Print 995, an
act to amend the Criminal Procedure Law, in
relation to service of summons.
ACTING PRESIDENT ROBACH: Read
674
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
92, by Senator Farley, Senate Print 975, an
act to amend the General Construction Law, in
relation to daylight savings time.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT ROBACH: The
bill is passed.
THE SECRETARY: Calendar Number
93, by Senator Leibell, Senate Print 1332, an
675
act to amend the Eminent Domain Procedure Law,
in relation to requiring.
ACTING PRESIDENT ROBACH: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT ROBACH: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the controversial calendar,
I believe we have one bill, Senator Balboni's
bill, that is considered controversial.
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Calendar Number
81, by Senator Balboni --
SENATOR SCHNEIDERMAN:
Explanation. Short explanation.
THE SECRETARY: -- Senate Print
851, an act to amend the Penal Law, in
676
relation to criminal street gang activity.
ACTING PRESIDENT ROBACH: Senator
Balboni.
SENATOR BALBONI: Thank you, Mr.
President.
This bill is a piece of legislation
that was developed and crafted over many years
in discussions with many groups, including
district attorneys' offices and community
groups. And essentially what it does is it
establishes the crime of criminal street gang
recruitment on school grounds.
This bill represents two elements
that I believe are very important. The first
is it recognizes criminal gang activity as a
crime that has changed the face of law
enforcement.
Time was when a gang was associated
with organized crime. They would be, you
know, famous -- the Mafia, the Westies. These
gangs would have a central operational base,
they would go and do racketeering or
prostitution or truck hijacking, and then they
would have set guidelines for how you became a
member and what you did as a member.
677
Well, as our law enforcement
capabilities became better and better at
tracking and tracing these groups, we began to
break down the organizational structure of
these gangs.
Well, that's not the case anymore.
What has happened now is that many gangs,
particularly gangs that have developed from
other nations, other countries -- refugees,
immigration has driven a lot of groups to
develop an ethnic basis for the association.
And they've gotten very smart.
What they do is they don't set up an
organizational hierarchy and they don't have
any set examples of how you are part of the
gang. What they do is they establish other
things, like colors. If you wear a jacket and
there's a certain brand on it, you have a
certain color associated with the clothing you
wear, you have hand signals, you have certain
ways, certain code words that you use. And
this obviously is designed to avoid detection
by police.
So what this bill does is for the
first time it takes that type of activity and
678
puts it into statute. Why? Because the
district attorneys tell us that it is
difficult to achieve prosecution if you use
the prior standards, the prior law that's been
out there that related to the older-style
gangs.
Secondly, what it does is it
recognizes the right that I know every member
of this chamber agrees with, that every child
in this state has the right to a safe learning
environment. And gangs recruit, they get
their lifeblood from school grounds. That is
the most heinous example of an exploitation of
our system.
This bill creates a C felony and a
D felony based upon multiple acts, multiple
commissions of this crime.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Thank
you, Senator Balboni.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. On the bill.
Senator Balboni, there are very
rare times in these chambers when you and I
679
have agreed on increased penalties for teens.
But just this week, about a week ago, coming
home from an appointment, I passed a middle
school. And there was a fight that ensued.
And it appeared to just be two young men
fighting among themselves.
But in the process, the police
came. And the fight was in the efforts of
being broken up by some of the older boys. A
police officer grabbed one of the youngsters
who just wanted to continue the fight, took
him off, threw him against the car, and was a
little bit abusive.
I was a little bit concerned,
because I have had repeated complaints brought
to me about excessive force used by our police
department. So I stayed until backup cars
came, spoke with the sergeant, and had a
discussion and registered not a complaint but
a concern about perhaps the use of excessive
force, but wanted to be kept informed as to
the outcome.
Well, the outcome was that the
young man who was doing all this resisting was
a part of a gang. And the fight that ensued
680
was in an attempt to be made.
And every day on the campuses of
our middle schools and our high schools, we
are being overrun by gang activity. I become
concerned that we begin to talk about
immigrant populations. I become very
concerned. But I do recognize that it is a
behavior that we must start, from the top, and
put a stop to.
And so therefore, on one of those
very rare occasions, you and I have the same
mind-set in terms of saying that we must do
something in a very positive and proactive way
to send the message to our young people that
school grounds and no grounds can become the
battlegrounds in our communities.
And part of our effort to take back
our community says that each of us must take
our part. So it is my role as a legislator to
do my part here in this Senate. Even though I
may be concerned about some of the language
and some of the intent, in this case it is an
activity that I must participate and be
supportive of, because gang activity is
becoming one of the highest risks in our
681
neighborhoods today.
Thank you, Mr. President.
ACTING PRESIDENT ROBACH: Thank
you, Senator.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, thank you.
And I beg the indulgence of my
colleagues for an interruption, but there will
be an immediate meeting of the Environmental
Conservation Committee in Room 332.
ACTING PRESIDENT ROBACH: There
will be an immediate meeting of the
Environmental Conservation Committee in
Room 332.
Is there any other Senator that
wants to be heard on this bill? If not, then
debate is closed.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
November.
ACTING PRESIDENT ROBACH: Call
the roll.
(The Secretary called the roll.)
682
THE SECRETARY: Ayes, 49.
Nays, 1. Senator Duane recorded in the
negative.
ACTING PRESIDENT ROBACH: The
bill is passed.
Senator Meier, that completes the
controversial reading of the calendar.
SENATOR MEIER: Mr. President,
for the benefit of informing members, we're
waiting for the reports of two standing
committees. There's the possibility that the
Senate will entertain other legislation. And
so while we're waiting for those committees,
we would ask that the Senate stand at ease.
ACTING PRESIDENT ROBACH: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 12:20 p.m.)
(Whereupon, the Senate reconvened
at 12:32 p.m.)
ACTING PRESIDENT ROBACH: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there are two reports at the desk to
683
be read at this time.
ACTING PRESIDENT ROBACH: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator
Marcellino, from the Committee on
Environmental Conservation, reports:
Senate Print 893, by Senator
Marcellino, an act to amend the Environmental
Conservation Law;
897, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
1068, by Senator Wright, an act to
amend the Environmental Conservation Law;
And Senate Print 1414, by Senator
Little, an act to amend the Environmental
Conservation Law.
Senator Alesi, from the Committee
on Commerce, Economic Development and Small
Business, reports:
Senate Print 52, by Senator
Padavan, an act to amend the State
Administrative Procedure Act;
And Senate Print 1566, by Senator
Seward, an act to amend the Alcoholic Beverage
684
Control Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT ROBACH: Without
objection, all bills ordered direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could stand at ease.
ACTING PRESIDENT ROBACH: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 12:35 p.m.)
(Whereupon, the Senate reconvened
at 12:36 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT ROBACH: Senator
Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT ROBACH: There
is not.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we stand adjourned until
685
Monday, March 3rd, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT ROBACH: On
motion, the Senate stands adjourned until
Monday, March 3rd, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:37 p.m., the
Senate adjourned.)