Regular Session - May 5, 2003

    

 
                                                        2338



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                                May 5, 2003

                                 3:42 p.m.





                              REGULAR SESSION







            SENATOR THOMAS P. MORAHAN, Acting President

            STEVEN M. BOGGESS, Secretary















                                                        2339



                           P R O C E E D I N G S

                            ACTING PRESIDENT MORAHAN:    The

                 Senate will come to order.

                            I ask all those present to repeat

                 with me the Pledge of Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT MORAHAN:    There

                 being no clergy present, I ask that we now bow

                 our heads in silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT MORAHAN:

                 Reading of the Journal.

                            THE SECRETARY:    In Senate,

                 Sunday, May 4, the Senate met pursuant to

                 adjournment.  The Journal of Saturday, May 3,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT MORAHAN:

                 Hearing no objection, the Journal stands

                 approved as read.

                            The order of business will be

                 presentation of petitions.

                            Messages from the Assembly.



                                                        2340



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            On behalf of Senator Volker, please

                 remove the sponsor's star from Calendar 325.

                            ACTING PRESIDENT MORAHAN:    So

                 ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Children and Families Committee in the

                 Majority Conference Room.

                            ACTING PRESIDENT MORAHAN:    There

                 will be an immediate meeting of the Children

                 and Families Committee in the Majority

                 Conference Room.

                            SENATOR SKELOS:    And then if we

                 could go to the noncontroversial reading of

                 the calendar.



                                                        2341



                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 52, by Senator Marcellino, Senate Print 885,

                 an act to repeal Title 17 of Article 23.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 108, by Senator Larkin, Senate Print 1225, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to authorizing.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.



                                                        2342



                            THE SECRETARY:    Calendar Number

                 202, by Senator Farley, Senate Print 2262, an

                 act to amend the Banking Law, in relation to

                 the regulation of licensed transmitters of

                 money.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 268, by Senator Leibell, Senate Print 1653, an

                 act to amend the Penal Law, in relation to

                 unlawful defilement of a water supply.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of



                                                        2343



                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 305, by Senator DeFrancisco, Senate Print --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 327, by Senator Little, Senate Print 2629, an

                 act authorizing the payment of ordinary

                 disability retirement benefits.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.



                                                        2344



                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 412, by Senator Nozzolio, Senate Print 3027,

                 an act to amend the Real Property Tax Law, in

                 relation to the veterans' alternative

                 exemption.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 463, by Senator Hoffmann, Senate Print 3599,



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                 an act to amend the Agriculture and Markets

                 Law, in relation to including certain lands.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 583, by Senator Little, Senate Print 4239, an

                 act to amend the General Municipal Law, in

                 relation to creating supplemental volunteer

                 firefighter and ambulance worker service award

                 programs.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.



                                                        2346



                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 587, by Senator Morahan, Senate Print 4051, an

                 act to amend the Election Law, in relation to

                 military voting.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number



                                                        2347



                 589, by Member of the Assembly Wright,

                 Assembly Print Number 7229, an act to amend

                 Chapter 92 of the Laws of 2001 amending the

                 Election Law.

                            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.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 590, by Senator LaValle, Senate Print 301, an

                 act to amend the Education Law, in relation to

                 the terms of community college trustees.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call



                                                        2348



                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could now go to the controversial

                 reading of the calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 52, by Senator Marcellino, Senate Print 885,

                 an act to repeal Title 17 of Article 23 of the

                 Environmental Conservation Law.

                            ACTING PRESIDENT MORAHAN:

                 Senator Lachman.

                            SENATOR LACHMAN:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Lachman, on the bill.

                            SENATOR LACHMAN:    Liquefied

                 natural and petroleum gas is a highly



                                                        2349



                 flammable, extremely volatile, dangerous

                 substance which, if released into the air, is

                 capable of causing severe damage even in areas

                 distant from the point of release.  Today it

                 might be my district, tomorrow it could be any

                 member of this chamber's district.

                            The repeal of the Liquefied Natural

                 and Petroleum Gas Act places citizens at

                 serious risk of injury by exposing them to the

                 hazards of liquified natural and petroleum gas

                 storage and transportation.

                            The sponsor of this bill alleges

                 that the bill is necessary to repeal the

                 moratorium on constructing new liquefied

                 natural and petroleum gas facilities.  This

                 bill would completely repeal the entire act.

                            Such broad and sweeping changes in

                 the law, in my opinion, is completely

                 unwarranted and unnecessary under the

                 circumstances that exist today.  The only

                 reason for such an extreme proposal would be

                 to give liquefied and natural gas producers

                 and suppliers the ability to put their

                 dangerous facilities anywhere they wanted

                 without public accountability or liability.



                                                        2350



                            Endangering the public in such a

                 way, especially my constituents in Staten

                 Island, is completely unacceptable and should

                 be rejected outright by the Legislature.  As

                 you gather, my colleagues, I strongly oppose

                 the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Marcellino.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            New York State is the only state in

                 the nation with a moratorium on liquefied

                 natural gas at this point in time.

                            I take exception to my colleague's

                 statement that I would do anything that would

                 endanger anybody, his constituents or my

                 constituents or any other person in the State

                 of New York, by any legislation or any piece

                 of legislation that I or my staff would draw

                 up.

                            On the contrary, the legislation

                 that we are enacting would repeal duplicative

                 legislation.  It is already a federal law --

                 there are already federal laws that control

                 shipping and transit.  There are already local



                                                        2351



                 laws that would contribute and handle the

                 siting of liquefied natural gas facilities.

                            None of these will be repealed.

                 None of these will be affected.  What we are

                 taking out is duplicative laws that are no

                 longer necessary to be on the books.

                            There are still many checks, many

                 safeguards that would exist.  The DEC would

                 still have the ability to get involved, the

                 Department of State, the DOT, agency after

                 agency after agency.

                            Do we want alternative-fuel

                 vehicles or not?  That is the question.  If

                 you want liquefied natural gas to supply you

                 with certain fuels, this is something we

                 should have.  We need to site the facilities.

                            You cite the incidents in Staten

                 Island.  Liquefied natural gas was not the

                 cause of that disaster.  If you would read the

                 NYSERDA report -- which, by the way, is the

                 agency that has asked us to do this

                 legislation.  This did not come out of a hat.

                 This was produced on a report produced by

                 NYSERDA called the "Report on Issues Regarding

                 the Existing New York Liquefied Natural Gas



                                                        2352



                 Moratorium."  They have stated to us that it

                 is as safe, if not safer, than other forms of

                 fuel that are already being sited throughout

                 our area.  We have these forms.

                            Liquefied natural gas, as I said,

                 was not responsible for the disaster.  It was

                 an empty tank under repair where a spark set

                 off some substances in the tank which had to

                 do with the lining and insulation of the tank.

                 Those substances are no longer permitted to be

                 used.  So we cannot have a duplication of that

                 incident in that way.

                            There are many new forms of

                 vehicles used to transport this material.  We

                 are not giving anything to any group or any

                 agency or any interest group, if you will.  I

                 resent that implication as well, Senator.

                 It's uncalled for.

                            You can oppose something, but be on

                 the facts.  The facts are this is a safe

                 mechanism.  NYSERDA, responsible to

                 investigate and check on fuel sources and

                 supplies, has stated that this is no longer

                 necessary.  These regulations on a state level

                 are no longer necessary, and we need the



                                                        2353



                 alternative fuel.

                            And you can't have it both ways.

                 You can't ask for getting away from fossil

                 fuels but we don't want to site anything.  You

                 can't ask for natural gas but we don't want a

                 pipeline.  You've got to have some means of

                 supplying the mechanism.  If you're going to

                 talk about problems, bring up real ones, not

                 those from the past that no longer can occur.

                            Ladies and gentlemen, there is

                 nothing in this legislation that would harm or

                 inflict pain or danger on anyone.  On anyone.

                 I urge a yes vote.  It's time we got out of

                 the past and into the present.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Marcellino.

                            Any other legislator wishing to

                 be -- Senator Marchi.

                            SENATOR MARCHI:    Yes, Mr.

                 President.

                            I certainly subscribe to the

                 statement made by the Senator that there was

                 no intent to do any of the things that might

                 flow from an accident with this very dangerous

                 substance.  And I believe him.



                                                        2354



                            However, we did have this incident

                 on Staten Island in which there was heavy loss

                 of life.  Over 40 people were killed.

                            I would submit that at this point

                 it would make a great deal of -- I think it

                 would be very reassuring, and if each and

                 every -- you have brought the bill along

                 respecting every test that it could be

                 submitted to, right up until the bill was

                 called for consideration.

                            But I would suggest, because of the

                 extraordinary nature of what is involved here,

                 that this be set aside for one week, to give

                 us greater scope and opportunity to make

                 assurance doubly sure, which should be very --

                 should be acceptable to you and actually would

                 increase or dismiss any naysaying at this

                 point.

                            But I'm telling you that in Staten

                 Island, those who were in the near approximate

                 definition, there was expert opinion adduced

                 at that time that given the wrong

                 circumstances, it would have killed people all

                 the way up to midtown Manhattan, not to

                 mention Brooklyn and Queens and other areas.



                                                        2355



                            Now, I know that the Senator has

                 made a very earnest inspection and considered

                 this.  And perhaps I should apologize for not

                 bringing it to his attention earlier.  But I

                 would also submit that there would be nothing

                 lost by postponing final consideration until

                 next week, so that we can either rise in a

                 crescendo of unanimous support and at the same

                 time feel that we have exhausted every

                 possibility.

                            Because if there is even a shred,

                 even a shred of possibility that this

                 dangerous substance in its introduction to the

                 host community and into the possibility that

                 we might have a serious incident.

                            So I ask you, Senator, if you would

                 seriously consider a week's adjournment.  And

                 I will not ask for more.  But I certainly will

                 defer to any system where we can at least set

                 aside this possibility, which is horrendous.

                 Horrendous.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Marchi.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.



                                                        2356



                 President, far be it from me to resist a

                 request from my colleague, whom I respect

                 greatly.

                            On Senator Marchi's request, I

                 would ask that this bill be laid aside for one

                 week so that the Senator can review what he

                 has to review.  And we would happily then wait

                 and then bring the bill back for a vote at

                 that time.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Marcellino.

                            The bill is laid aside.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 305, by Senator DeFrancisco, Senate Print

                 2976, an act to amend the Estates, Powers and

                 Trusts Law, in relation to disqualification.

                            ACTING PRESIDENT MORAHAN:

                 Senator Velella.

                            SENATOR VELELLA:    If we can lay

                 this bill aside temporarily until there's a

                 committee meeting that's finished.  Just stand

                 at ease for a minute or two.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside temporarily.



                                                        2357



                            (Whereupon, the Senate stood at

                 ease at 4:00 p.m.)

                            (Whereupon, the Senate reconvened

                 at 4:10 p.m.)

                            ACTING PRESIDENT MORAHAN:

                 Senator Velella.

                            SENATOR VELELLA:    Mr. President,

                 there will be an immediate meeting of the

                 Finance Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MORAHAN:    There

                 will be an immediate meeting of the Finance

                 Committee in the Majority Conference Room.

                            SENATOR VELELLA:    At this time,

                 Mr. President, can we take up Calendar 305, by

                 Senator DeFrancisco.

                            ACTING PRESIDENT MORAHAN:    Please

                 take the conversations outside.  We want order

                 in the house.

                            Senator Velella.

                            SENATOR VELELLA:    May we proceed

                 to Calendar 305.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number



                                                        2358



                 305, by Senator DeFrancisco, Senate Print

                 2976, an act to amend the Estates, Powers and

                 Trusts Law, in relation to disqualification.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator DeFrancisco, an explanation has been

                 asked for by Senator Krueger.

                            SENATOR DeFRANCISCO:    Yes.  This

                 is a bill recommended by the Surrogate's Court

                 Advisory Committee and presented at the

                 request of the Office of Court Administration.

                            Very simple concept.  If you kill

                 somebody, if you kill your spouse, you can't

                 inherit that spouse's share of your property.

                 Very logical concept, undisputable.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would yield to

                 a question.

                            ACTING PRESIDENT MORAHAN:

                 Senator, will you yield for a question?

                            SENATOR DeFRANCISCO:    Yes.

                            ACTING PRESIDENT MORAHAN:    The



                                                        2359



                 Senator yields for a question.

                            SENATOR LIZ KRUEGER:    Well, there

                 might be one or two.  So one at a time.

                            So when I first read the bill, I

                 said, well, this seems logical.  If somebody

                 has murdered their spouse, then why should

                 they profit in some way from it, even if it's

                 keeping control of their home?

                            But then when I read through the

                 details, and it includes manslaughter first

                 and second degree, my immediate thought was

                 that there are manslaughter charges and

                 manslaughter penalties that are relatively

                 short in nature in prison because of the

                 recognition by the courts that not all deaths

                 or all murders are equal in some way.

                            So I did some homework,

                 particularly around assisted suicide, which is

                 considered manslaughter in the second degree.

                 And my concern is a scenario that we found

                 quite a few cases of, where an elderly spouse

                 has ended up killing an invalided spouse of

                 theirs who were in enormous pain.

                            And I'm not saying we should be

                 arguing on this floor today whether we



                                                        2360



                 recognize assisted suicide.  We don't in this

                 state.  It is second-degree manslaughter.  But

                 under your bill, a scenario where an

                 89-year-old man who killed his invalid wife

                 with a shotgun blast, then shot himself in the

                 side, was convicted of second-degree

                 manslaughter but ended up only having 34 days

                 in jail, would find himself homeless.

                            And I can't imagine it's in the

                 best interests of the state to be leaving

                 invalided, elderly people on the streets even

                 if they are guilty under our laws of

                 manslaughter.

                            Another case where another

                 89-year-old who cared for his beloved

                 wheelchair-bound wife until he could no longer

                 handle what he thought was the pain that was

                 too much, and he ended up also participating

                 in her assisted suicide, pleaded guilty to

                 second-degree manslaughter.  The charge

                 carried a sentence of 5 to 15 years, but they

                 agreed to a much lesser term.

                            There's a series of these.  And so

                 I think I've made my point just raising a

                 couple of them.  And again, I would be much



                                                        2361



                 more comfortable with this law if it didn't go

                 so far as manslaughter in the second degree,

                 and conceivably in recklessness as well, as

                 assisted suicide.

                            Is it really in the state's best

                 interest to leave what is likely to be

                 disabled and elderly and in many cases,

                 frankly, far from functional themselves people

                 in a situation where they've lost their homes?

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    Assisted

                 suicide is murder.  The fact that the

                 individual got a plea bargain so he didn't

                 have to go to jail does not -- does not in any

                 way alter the fact that the crime that

                 occurred was a murder initially.  And he got a

                 break, the individual got a break.

                            As long as assisted suicide --

                 whether you call it assisted suicide or

                 intentionally taking someone's life, the

                 charge started out as murder, and he got a

                 break.

                            He would maintain whatever portion



                                                        2362



                 of his property, up to one-half, that was his

                 own separate property going into the marriage.

                 And if he can prove that his own separate

                 property is not benefitting from the property

                 of the person that he or she killed, then

                 under those circumstances he would maintain

                 that half interest.

                            So, you know, I think you can plea

                 bargain many, many cases.  But the fact of the

                 matter is as long as murder is occurring or as

                 long as a taking someone's life is occurring,

                 it seems logical to me that you shouldn't

                 benefit financially, even though you might get

                 a break as far as your sentence is concerned

                 depending upon the mitigating circumstances.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    To speak on

                 the bill, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    As I said

                 before, I don't think that this bill debates

                 whether or not we define assisted suicide as

                 murder in this state.  We do, and we penalize



                                                        2363



                 people through, most likely, our manslaughter

                 first degree and second degree categories.

                            Nonetheless, it seems to me not in

                 the best interests of the state or in the best

                 interests of justice to end up in a situation

                 where -- and in all the cases we looked up,

                 you're talking about elderly, disabled people.

                 People who are 89 and have killed their

                 79-year-old spouse; or 92, who have killed

                 their 91-year-old spouse of 40 years.

                 Eighty-nine-year-old with a 76-year-old wife.

                 A bedridden husband killed by an elderly

                 woman.  All of these examples -- a war

                 veteran, age 92 who killed his terminally ill

                 wife.

                            In these scenarios, the assumption

                 that if they can only keep half, quote,

                 unquote, of the proceeds of their home, that

                 they would be able to stay in their home,

                 after doing whatever time in prison that our

                 court system has determined is the correct

                 penalty for being found guilty of manslaughter

                 in these situations, it does not seem to me to

                 be either in the state's interests in the name

                 of criminal justice, because we've addressed



                                                        2364



                 their responsibilities through the criminal

                 justice system, but to leave elderly and frail

                 people -- not arguing they were right about

                 what they did under the law, simply elderly,

                 frail people who have lost their spouses and

                 who have ended up with some amount of prison

                 time, to then come back and have lost their

                 home because they can't afford to be obligated

                 to the second half of the value of the home

                 since they'd be only entitled to half of it.

                            I don't think that if the State of

                 New York thought this through, they would

                 think it was in the best interests of

                 communities or in the best interests of

                 criminal justice.

                            So I'll be voting no on this bill,

                 and I hope my colleagues will consider a no

                 vote.  And I would ask the sponsor to

                 consider -- because I would guess this is a

                 bill that will come back over the years -- to

                 reevaluate whether it should be an all of the

                 status or just -- or excluding manslaughter.

                            Thank you.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.



                                                        2365



                            Senator Velella.

                            SENATOR VELELLA:    Would the

                 Senator yield for one short question?

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger, will you yield?

                            SENATOR LIZ KRUEGER:    Yes, I

                 will.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR VELELLA:    The case

                 scenario you give troubles me somewhat.

                            SENATOR LIZ KRUEGER:    Yes.

                            SENATOR VELELLA:    This would be a

                 case where the person being killed would give

                 consent to the other party to assist in

                 killing them?

                            SENATOR LIZ KRUEGER:    Yes, in the

                 example --

                            SENATOR VELELLA:    And they would

                 make that rational decision and prove that to

                 the court?

                            SENATOR LIZ KRUEGER:    Well,

                 again, we don't recognize assisted suicide, so

                 it's only the --

                            SENATOR VELELLA:    I understand



                                                        2366



                 that.

                            ACTING PRESIDENT MORAHAN:    Are

                 you asking the Senator to yield for another

                 question?

                            SENATOR VELELLA:    Will she yield

                 to another question?

                            SENATOR LIZ KRUEGER:    Yes, I

                 will, Mr. President.

                            SENATOR VELELLA:    Could not that

                 same person, then, knowing what was going to

                 happen, make some disposition and arrangements

                 for their own property to be disposed of if

                 they were making arrangements for their spouse

                 to take their life?

                            SENATOR LIZ KRUEGER:    If I might

                 repeat the question so I think I understand

                 it, if --

                            SENATOR VELELLA:    If that

                 individual was making a decision to speak to

                 their spouse and agreeing that that spouse

                 would help them take their life, would not

                 they be able to make a decision to also tell

                 that spouse that they would like to dispose of

                 their property and how to do it before the act

                 is committed?



                                                        2367



                            SENATOR LIZ KRUEGER:    Mr.

                 President, I would think that that would, one,

                 require an enormous understanding of the state

                 law and real estate situations and New York

                 State's criminal law penalties and, two, quite

                 a bit of advanced forethought.

                            And I think when you look at the

                 case files on assisted suicide, it is very

                 often a desperation move by desperate people.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            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.

                            Senator DeFrancisco, to explain

                 your vote.

                            SENATOR DeFRANCISCO:    Yes.  I

                 just want to explain my vote.

                            You know, you can come up with a

                 scenario in any law to make a law sound



                                                        2368



                 unfair.

                            I think the assisted suicide

                 situation is a substantially unusual case.

                 Most murders are murders, intentional murders

                 or reckless conduct or grossly negligent

                 conduct that causes the death of another

                 individual.  And under that type of conduct, I

                 think you've got to make sure someone doesn't

                 benefit from it.  And I think that's the

                 intent of the law.  Or the bill.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Announce the results.

                            THE SECRETARY:    Ayes, 58.  Nays,

                 1.  Senator L. Krueger recorded in the

                 negative.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Velella.

                            SENATOR VELELLA:    Can we return

                 to reports of standing committees.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, reports the



                                                        2369



                 following bill direct to third reading:

                            Senate Print 4968, by the Senate

                 Committee on Rules, an act to amend the Tax

                 Law and others.

                            ACTING PRESIDENT MORAHAN:

                 Without objection, the bill is reported to

                 third reading.

                            Senator Velella.

                            SENATOR VELELLA:    Mr. President,

                 is there any housekeeping?

                            ACTING PRESIDENT MORAHAN:    No

                 housekeeping at the desk, Senator.

                            SENATOR VELELLA:    Mr. President,

                 there being no further business to come before

                 the Senate, I move we stand adjourned until

                 Tuesday, May 6th, at 3:00 p.m.

                            ACTING PRESIDENT MORAHAN:    There

                 being no further business, the Senate stands

                 adjourned until Tuesday, May 6th, at 3:00 p.m.

                            (Whereupon, at 4:22 p.m., the

                 Senate adjourned.)