Regular Session - May 19, 2003
2795
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 19, 2003
3:18 p.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will please come to order.
I ask everyone present to please
rise and join me in reciting the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: We're
joined in chambers today by the Right Reverend
Peter G. Young, who is from Blessed Sacrament
Church in Bolton Landing.
The Reverend will give us a
blessing, please.
REVEREND YOUNG: Thank you,
Senator.
Let us pray.
Dear God, You have blessed us with
a beautiful day, but You have given us many
other different gifts. But it is always Your
spirit to guide us.
There are many different ways of
serving as Senators, but it is always You,
O God, that have granted these gifted people
to be able to use their presence here in this
2797
chamber for the good of our New York State
citizens.
God has gifted each Senator with
the unique potential to help their
constituents. Let us take a moment to thank
God for our talents and our skills.
God, we thank You for these
gifts -- we thank You for these Senators --
unique to each Senator, and let us rejoice in
who You have made us and dedicate our gifts to
the good of our New York State citizens.
Amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, May 18, the Senate met pursuant to
adjournment. The Journal of Saturday, May 17,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
2798
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Kuhl, Madam
President, I wish to place a sponsor's star on
Calendar Number 807.
ACTING PRESIDENT McGEE: So
ordered.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Saland, I wish
to call up his bill, Print Number 1573,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
437, by Senator Saland, Senate Print 1573, an
act to authorize the Church of Jesus Christ.
2799
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR FARLEY: Madam President,
on behalf of Senator Spano, on page 22 I offer
the following amendments to Calendar Number
431, Senate Print 3129A, and I ask that that
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
2800
Senator Bruno. Could we have the title read
and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 1665, honoring
John M. Scarchilli upon the occasion of his
designation as recipient of the Distinguished
Alumni Award by the Hudson Valley Community
College Foundation and Alumni Association.
ACTING PRESIDENT McGEE: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
2801
THE SECRETARY: Calendar Number
74, by Senator Volker, Senate Print 662A, an
act to amend the Civil Practice Law and Rules,
in relation to conducting depositions.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
117, by Senator Balboni, Senate Print 850, an
act to amend the Labor Law, in relation to
providing.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
298, by Member of the Assembly Gottfried,
Assembly Print Number 7004, an act to amend
Chapter 521 of the Laws of 1994 amending the
Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2802
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
471, by Senator Meier, Senate Print 1267, an
act to amend the General Municipal Law, in
relation to allowing certain shared purchasing
contracts.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
480, by Senator Little, Senate Print 3873, an
act to amend the Real Property Tax Law, in
relation to making technical corrections
2803
thereto.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
562, by Senator Marcellino, Senate Print 767,
an act in relation to granting a retroactive
senior citizen tax exemption.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
2804
is passed.
THE SECRETARY: Calendar Number
592, by Senator Larkin --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: If I could just
interrupt, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
THE SECRETARY: Calendar Number
629, by Senator Flanagan, Senate Print 3580,
an act to amend the Real Property Law, in
relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act --
2805
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
632, by Senator LaValle, Senate Print 2479, an
act to amend the Highway Law, in relation to
the limitations.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
639, by Senator Farley, Senate Print 3819, an
act to amend the Highway Law, in relation to
the New York State Scenic Byways System.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
2806
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
640, by Senator Kuhl, Senate Print 4230, an
act to amend the Vehicle and Traffic Law, in
relation to the definitions.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Hassell-Thompson recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
641, by Senator LaValle, Senate Print 4517A,
2807
an act to amend the Highway Law, in relation
to designating a portion of the state highway
system.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
651, by Senator Golden, Senate Print 3999, an
act to amend the Family Protection and
Domestic Violence Intervention Act of 1994.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
2808
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
658, by Senator Farley, Senate Print 1465, an
act to amend the Not-for-Profit Corporation
Law, in relation to providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
715, by Senator Alesi, Senate Print 120, an
act to amend the Correction Law, in relation
to the penalty for a sex offender.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
2809
717, by Senator Alesi, Senate Print 948, an
act to amend the Correction Law, in relation
to making it a Class A --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
722, by Senator Skelos, Senate Print 3925, an
act to amend the Correction Law, in relation
to requiring registered sex offenders.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
723, by Senator Skelos, Senate Print 4007, an
act to amend the Correction Law, in relation
to registration of sex offenders.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
725, by Senator Skelos, Senate Print 4168, an
2810
act to amend the Correction Law, in relation
to the registration of sex offenders.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
726, by Senator Skelos, Senate Print 4455, an
act to amend the Correction Law, in relation
to the duty of sex offenders.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
960, by Senator Skelos, Senate Print 3868, an
act to amend Chapter 704 of the Laws of 1991,
amending the Arts and Cultural Affairs Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
2811
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl, that completes the
reading of the noncontroversial calendar.
SENATOR KUHL: Yes, Madam
President. With the consent of the Minority,
we would like to call up Calendar Number 1024.
It's not on the active list, but it's part of
the sex offender calendar that's being taken
up by the house today.
So if you could call that at this
time, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1024, by Senator Skelos, Senate Print 4835, an
act to amend the Mental Hygiene Law, in
relation to disclosure.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
2812
President. Could we now have the
controversial reading of the calendar, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
74, by Senator Volker, Senate Print 662A, an
act to amend the Civil Practice Law and Rules,
in relation to conducting depositions.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR KUHL: Lay that aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
117, by Senator Balboni, Senate Print 850, an
act to amend the Labor Law, in relation to
providing for additional penalties.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT McGEE: Senator
Balboni, an explanation has been requested.
SENATOR BALBONI: Thank you,
Madam President.
This measure would seek to amend
Section 220G of the Labor Law as it relates to
2813
the enforcement of prevailing wages on any
construction project done in the State of
New York.
Essentially, what this bill would
seek to do is to revisit an issue that has
been of great importance to the working men
and women in this state, and that is the
enforcement of the prevailing wage law.
Essentially, this bill would accomplish that
by doing three things.
It would provide a private right of
action for an employee who has been affected
by the failure of a contractor to pay
prevailing wage, in a sum equal to three times
the wages and supplements that were improperly
withheld.
In addition, the employee or
employee organization -- i.e., union -- that
brought the action would be afforded all
attorney and court fees.
And, lastly, the Commissioner of
Labor would be provided the ability to take a
sum equal to 25 percent of the wages and
supplements -- sorry, wages or supplements
improperly withheld by the contractor and to
2814
deposit it in an account used solely for the
enforcement of Section 220 of the Labor Law.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
629, by Senator Flanagan, Senate Print 3580,
an act to amend the Real Property Law, in
relation to requiring the disclosure.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: I notice that
2815
today we're doing a number of pieces of
legislation which deal with sex offenders.
And I certainly think that addressing the
issue of sex crimes is a very important thing
for us to do.
I'm going to be voting no, however,
on most of today's bills because I think what
we really need to do -- and I've said this
before -- is to do a major overhaul of all of
our sex abuse laws. I don't think that we
should do these bills in a piecemeal fashion.
I think it's something which needs to be done
comprehensively.
It's a very important issue. I
know that work has already been done in this
Legislature on it. But obviously, because of
the number of bills which keep coming up,
reform of that legislation needs to be
accomplished, and that should not be done in a
piecemeal fashion but comprehensively.
And also, and I've raised this on
the floor before as well, these bills are very
important, but we are not facing or addressing
one of the most important issues which is
being addressed by legislatures across the
2816
country, and that is the statute of
limitations. We know a lot more about the
impact of childhood trauma, and particularly
about the issue of childhood sex abuse. And
we know that most victims do not come forward
until much later on in their adult lives, and
that is almost always long after the statute
of limitations has expired.
And clearly, victims deserve their
day in court. And one of the ways to make
that happen is by extending the statute of
limitations, certainly in the civil court but
also in the criminal court.
You know, experts in the field of
law enforcement and mental health dealing with
the issue of childhood sexual abuse and trauma
say that New York State is really behind the
times for what we know scientifically about
this issue, and we desperately need reform.
We're way behind other states in the nation on
this issue.
I have introduced bills on this
issue which I think dovetail with the bills
which are on today's agenda and which could be
part of a more comprehensive package. There
2817
is the mandatory clergy reporting bill, which
would make it so that members of clergy would
be added to the list of persons and
professions that are required, under New York
State law, to report suspected cases of
physical and sexual abuse of children.
The bill would also require all
religious institutions to go back fifty years
and report to law enforcement officials all
cases of suspected abuse. And this is
regardless of whether the perpetrator is
deceased or not. But it would certainly give
victims the confirmation of things which they
know have happened to them but where people
may not have believed that what happened to
them was a terrible thing.
Also, a three-year opening for
lawsuits, which is currently barred under New
York State's statute of limitations. So there
would be a three-year window, starting with
when the law was enacted in New York State, to
extend the statute of limitations.
And it would also -- there's also a
bill which would provide law enforcement with
much more flexibility in prosecuting
2818
perpetrators. A prosecutor could file charges
three years from the victim's age of 18 or
three years after it could be reasonably
expected that the adult realize the impact of
the childhood sexual abuse.
And, further, the last bill would
prohibit charitable organizations from using
money given to them to provide charitable
assistance, to use that money for closed
agreements. So that a person who makes a
donation or a government entity that gives
money to an organization, a charitable
organization, to provide services could not
then use that money to silence a victim or to
make an order that would not be open to the
public.
I know that I've invited all of you
to this, but I just want to make sure that you
know about it, because I would like everyone
on both sides of the aisles to come to the
hearing and forum which I'm holding tomorrow
in Room A, in the LOB Hearing Room A. It's
from 10:00 a.m. to 1:00 p.m.
Now, very recently Illinois and
Missouri changed their laws and extended their
2819
statute of limitations. About a year ago,
California did the same thing. Many other
states have not taken action because they
don't have to because their statute of
limitations laws are more acceptable.
But what is the case in New York
State is not acceptable and does not provide
an opportunity to victims to come forward and
have their day in court and to have what
happened to them be recognized as the terrible
thing that it is.
Now, I would like to see my bills
included in a larger reform package of the
state's sex abuse laws. I'm still hopeful
that that will happen. But in the absence of
that, my pieces of legislation need to be
passed. And I think tomorrow at the hearing,
when law enforcement officials and mental
health advocates and victims come forward to
tell their stories, you'll see how important
this legislation is.
Thank you, Madam President. And
I'm going to vote no on this bill for the
reasons which I stated before.
ACTING PRESIDENT McGEE: Thank
2820
you, Senator Duane.
Read the last section.
SENATOR SAMPSON: Explanation.
SENATOR SCHNEIDERMAN: Can we
have an explanation of the bill.
ACTING PRESIDENT McGEE: Oh, I'm
sorry.
Senator Flanagan, Senator Sampson
has asked for an explanation of the bill.
SENATOR FLANAGAN: Thank you,
Madam President.
There are two main components in
this bill. It applies to residential leases,
and it applies to contracts of sale for real
property. And essentially, it's a notice
provision.
Our office has worked with Parents
for Megan's Law, and this would provide
notification within a contract to let people
know that there is the 900 number through
DCJS.
Essentially, it's a notice
provision. It doesn't put any onus on a
realtor or a broker beyond that. In fact, in
a way I think it helps them. But it's just a
2821
notice provision that has to be contained in
each lease and in each residential contract
for sale.
ACTING PRESIDENT McGEE: Senator
Sampson.
SENATOR SAMPSON: Through you,
Madam President, will the sponsor yield for a
question.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you yield for a question?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SAMPSON: Through you,
Madam President, if the residential lease or
the contract for sale fails to disclose this
notice requirement, what liability, if any, is
on the homeowner, the leaseholder, or the real
estate broker?
SENATOR FLANAGAN: Well,
presently the bill does not have any specific
penalty provision.
But this bill is an outgrowth of a
case in Nassau County, and there was a
question about civil liability for a broker or
2822
a realtor for failure to disclose a sex
offender who happened to live right across the
street.
I would believe that there would be
some potential civil liability for failure to
include that. But there's no specific fine or
other penalty within the bill.
ACTING PRESIDENT McGEE: Senator
Sampson.
SENATOR SAMPSON: Through you,
Madam President, would the sponsor continue to
yield for a question.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SAMPSON: So my concern
with respect to this is if there is no notice,
and you're uncertain to as to what sort of
liability may occur if you fail to leave this
notice out, so how do we then enforce
something like this if there's really no
penalty with respect to the enforcement of
this?
2823
SENATOR FLANAGAN: Well, a couple
of things.
First of all, we worked with the
realtors on this bill. They have no
objections to this bill. I don't have a memo
in support, but they had given their viewpoint
on this legislation. I think that they would
be helpful in getting that message out to
their own members.
Secondarily, Assemblyman
Englebright has a similar bill; it's not
directly on point. We had made some changes
based on some concerns that were raised. And
I'm going to try and follow up with
Assemblyman Englebright to have him modify his
bill.
Frankly, if people think it would
be a stronger bill to have a penalty provision
in it, that's certainly something that I would
entertain. And I would be looking for his
cosponsorship in the Assembly.
SENATOR SAMPSON: Thank you.
Thank you very much.
ACTING PRESIDENT McGEE: Thank
you, Senator Sampson.
2824
Thank you, Senator Flanagan.
Senator Volker.
SENATOR VOLKER: Madam President,
would Senator Flanagan yield for just a
second.
ACTING PRESIDENT McGEE: Senator
Flanagan, will you yield for a moment?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR VOLKER: Senator, you had
this bill, I think, when you were in the
Assembly, isn't that right? Didn't you carry
this bill when you were an assemblyman?
SENATOR FLANAGAN: Well,
Assemblyman Englebright has a very similar
bill. The -- sometimes it was a challenge
to --
SENATOR VOLKER: Yes, I
understand that.
I just wondered, because my second
question, Madam President, is, did that bill
ever pass the Assembly?
SENATOR FLANAGAN: No.
SENATOR VOLKER: I didn't think
2825
so.
Madam President, on the bill, if I
might.
ACTING PRESIDENT McGEE: Senator
Volker, on the bill.
SENATOR VOLKER: I was fascinated
by the colloquy of Senator Duane. He should
have been here years ago when I was involved
in this very issue.
I would ask Senator Duane this
question, in couple with this, if he's ever
talked to the Assembly about your proposals.
Because I have news for you, the Assembly
never wanted to do the extension of the
statute of limitations. And we had hearings
all across the state on these very issues.
And eventually, what the Assembly
did is they said, Well, we might be interested
in doing the statute of limitations civilly.
Because the trial lawyers got involved and
said, Well, maybe we can sue somebody. At the
time, the last people in the world they were
thinking of was clerics, by the way. They
were thinking of a lot of other people.
But I can assure you, the chances
2826
of the Assembly passing an extension in the
statute of limitations on sex abuse cases is
extremely slim. I tried for years to get them
to do it. And we passed legislation, finally
got them to do some of the extension.
But it was not the Senate that was
the house that made those kinds of decisions.
Frankly, it was the Assembly that didn't want
to do it. Because, of course, defense lawyers
want no part of that.
So I just would like to point that
out to you, because I don't think you
realize -- in fact, we passed extensions of
the statute of limitations here in the past.
The problem is not -- by the way, had nothing
to do with the -- with clergy. Because in
fact, back in those days, the DAs were
still -- didn't want to prosecute clergy.
It's worked its way up as the years have gone
on and the media's gotten involved. You
couldn't prosecute a clergyperson in those
days. It was virtually impossible.
And so I just point that out to
you, that this is not quite what it seems.
Senator Flanagan, although I --
2827
admittedly, as somebody who has done real
estate law, it does bother me a little bit.
But in reality, I think maybe it's something
that we need to do.
We don't want to put any more
burdens on the legal issues involving real
estate, which have -- the contracts, at least
in our area, are getting bigger and bigger and
bigger with different issues.
But I think this probably is an
issue that certainly deserves a lot of
observation, and that's why I'm going to vote
for it.
ACTING PRESIDENT McGEE: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Madam
President. If Senator Volker would yield.
ACTING PRESIDENT McGEE: Senator
Volker, will you yield for a question?
SENATOR VOLKER: Yeah, I'll
yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Thank you.
In 1988, I thought about running
2828
for the New York State Senate, but I changed
my mind and my life took a different course.
But I was wondering if the Senator
recalls what year it was that the Senate
passed an extension of the statute of
limitations.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Hmm. You know,
actually, I don't. It was at least 1988. It
was probably earlier than that. Time goes by
so quickly. And -- did I say '88? I'm sorry.
'96. It was in the '90s. I'm sorry.
It was in the '90s, because Senator
Paterson and myself did a series of
hearings -- in fact, I did a hearing in Harlem
with Senator Paterson, it probably was '95 or
'96, somewhere in there -- I don't remember
anymore. It was way back -- and it was one of
the toughest hearings that either one of us
had ever been involved in.
And we concluded at the time that
we were going to do what we could to at least
give more opportunity for prosecution in these
child sex cases. But we realized we were up
2829
against a ton of opposition from the trial
lawyers, from all sorts of groups who were
opposed to it because of the difficulty in
doing it.
I might point out at the hearing we
had two psychiatrists testify back to back, a
man-hating woman and a woman-hating man. And
I will never forget it. It was one of the
worst hearings any of us have ever
participated in.
SENATOR DUANE: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: I know it seems
to some of my colleagues that I have been here
forever. However, I didn't arrive till 1999.
But I am glad to hear that the Senate did
that.
I can virtually guarantee that
tomorrow's hearing may at times be emotional,
but I don't think it will be hostile. And I
2830
am also hoping -- and as I say, both in terms
of the invitation to both sides of the aisle
for the hearing -- that all of my colleagues
would be open to discussions with me on the
issue of extending the statute of limitations
again.
And I think if we did pass laws in
this house doing that, it would send a
powerful message to the other house that
something needs to be done about this crisis.
I believe it was last week or the
week before, there was a terrible case in the
papers of a soccer coach who had abused
players. There is a problem with those in
positions of trust becoming perpetrators, and
I think that we need to recognize that. The
victim oftentimes is not able or cannot come
to terms with it till later on in life.
The other thing I just wanted to
mention is in terms of Megan's Law, the sort
of glaring error is that without extending the
statute of limitations and allowing people to
come forward with their stories and
recollections of what may have happened
earlier on in their lives, many perpetrators
2831
slip through the cracks and are not put into
the net that Megan's Law was intended to be
used for. So this, for those who are very
supportive of Megan's Law, is a way to
identify other perpetrators.
So again, I'm hoping that -- and as
I say, everyone is invited to come to the
hearing tomorrow. I think it will be very
interesting. And I think as a body it would
be really a step in the right direction for
victims if we did pass the statute of
limitations as well as the reporting
legislation during this session.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Is there
any other Senator wishing to speak on the
bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
2832
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
715, by Senator Alesi, Senate Print 120, an
act to amend the Correction Law, in relation
to the penalty for a sex offender.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT McGEE: Senator
Alesi, Senator Montgomery has asked for an
explanation.
SENATOR ALESI: Thank you, Madam
President.
This bill would simply create an
E Class felony for anyone who knowingly gives
false information as far as their requirement
to register under Megan's Law.
Thank you very much.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would just like to ask Senator
Alesi a question regarding this.
ACTING PRESIDENT McGEE: Senator
Alesi?
SENATOR ALESI: I'd be happy to
2833
yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MONTGOMERY: Yes, Senator
Alesi. The category of sex offender that must
be kept in the registry, what categories are
we talking about?
SENATOR ALESI: Anyone that's
required to register under any category who
gives false information, if found guilty,
would be facing an E felony.
SENATOR MONTGOMERY: I asked that
question, Senator Alesi, because my assumption
is that the sex offender that would be part of
a registry or be required to register would
have served time and therefore would probably
be on parole.
Are those sex offenders -- that
registry requires them to register for the
rest of their lives; is that right?
SENATOR ALESI: Whatever the
requirement for whatever level of
identification they are under Megan's Law
would apply to them. And they would be
required, as prescribed in Megan's Law in
2834
general, to comply with that registration
requirement.
But this bill simply says that
whatever the requirements are because of
whatever classification you are, if you give
false information knowingly to circumvent any
requirements under Megan's Law, then it would
be a felony.
SENATOR MONTGOMERY: All right.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. My
concern about this bill is that in the event
there is a person who falls under that
category and for some reason does not give --
misstates their identity or their residence,
or they move and they don't -- for whatever
reason, they don't have full and accurate and
complete information, could be given a
E felony charge, and they could be
reincarcerated and their incarceration or
their parole would obviously automatically be
revoked, I suppose, and they would spend X
number of additional years in prison.
2835
So while -- certainly I'm concerned
about this, because it theoretically could be
a bill which ends up extending the extension
of a person unnecessarily, not because they
committed another sex offense, but simply
because they gave misinformation. It's in a
sense something akin to a technical violation
which would automatically trigger
reincarceration.
So I'm reluctant to support this,
even though obviously I support sex offenders
registering with local law enforcement. I
would not want to see us put into statute an
automatic reincarceration because a person
misstates a fact.
SENATOR ALESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: It would be a
very, very large stretch to think that this
bill would design for a technicality or for
something unnecessarily harsh or anything that
creates an additional penalty simply because
somebody didn't follow the procedures of
Megan's Law.
2836
And if they go back to jail, that's
too bad. That's where they belong. The whole
idea of Megan's Law is to protect society.
And if somebody wants to give false
information as to their identity or their
address, that's not a technicality, that's
willful action to evade the requirements of
Megan's Law. And that willful action removes
any protection that the neighborhood has that
Megan's Law provides.
It's beyond my comprehension how
anybody couldn't support this law, even if
someone did go to jail for more time. Because
that's where they belong if they do this. If
they're out and they've served their time and
they're on parole, as the Senator suggests in
her scenario, they have certain obligations
under parole to behave in a certain way. If
under parole and under Megan's Law they're
required to register and they don't follow
those rules, they belong back in jail.
This isn't to punish them extra for
being sex offenders. This is to punish them
for violating another section of the law, just
as if they robbed a house or if they did
2837
something under DWI or anything else.
So I would simply ask the remaining
members of this chamber to consider voting for
this bill.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 715 are
Senators Duane, Hassell-Thompson, and
Montgomery. Ayes, 56. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
717, by Senator Alesi, Senate Print 948, an
act to amend the Correction Law, in relation
to making it a Class A misdemeanor.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
2838
Alesi, Senator Schneiderman has requested an
explanation.
SENATOR ALESI: Thank you, Madam
President.
Senator, as we continue with some
of these provisions of Megan's Law, it would
be a good idea for us to recognize that a bill
as comprehensive as Megan's Law can also
provide us, as we go along, with the
opportunity to make it even better with its
original intent.
The original intent was to protect
society by arming them with an awareness of
who a sex offender is when they come back into
the general community. Under different levels
of identification, they're required to do
certain things. That provides protection to
the community.
In an instance where someone, out
of maliciousness or any other motivation,
falsely identifies an innocent person as a sex
offender, this bill, if they're convicted,
would have an A misdemeanor applied to that
misbehavior.
ACTING PRESIDENT McGEE: Any
2839
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President, could we now go back to Calendar
Number 74, which we laid aside temporarily,
call that up, and then go back and resume the
rest of the controversial reading of the
calendar, in order.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
74, by Senator Volker, Senate Print 662A, an
act to amend the Civil Practice Law and Rules,
in relation to conducting depositions.
SENATOR SCHNEIDERMAN:
2840
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
this is a bill that is an extension of a bill
that we've been dealing with for some years.
In fact, Assemblyman Lentol is the sponsor in
the Assembly. And it creates a procedure to
permit parties to a civil lawsuit to conduct
depositions by telephone or other electronic
means.
In the past, the bill had a
provision in it which would allow the judge in
certain cases to make a decision, irrespective
of the parties' agreement, that would allow
these civil depositions to be taken by
telephone or other remote means.
The Trial Lawyers Association and
some defense organizations got very nervous
about that and felt that the provision should
be done strictly on the basis of agreement
between the parties. So in the last few
weeks, we pondered that stance and decided
that it was probably a good idea.
So we amended the bill so that the
2841
bill now provides that the parties may
stipulate to a deposition by telephone or
other remote means and may decide on exactly
how it's to be done, but that it can only be
done by agreement between the parties rather
than to have a judge be able to come in and
say, Well, it needs to be done, or whatever.
So we struck that out, and that is
the bill that's before us, 662A. So the
opposition by several organizations has been
dropped, even though I don't know if they've
actually sent it out or not. But we have an
agreement with them about this bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Briefly on the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I'd like
to thank Senator Volker for amending the bill.
I have voted against this the last
two years. The amendment addresses my
concern.
As long as the parties can
2842
stipulate to this, it requires everyone to
agree. No judge can intervene and order
someone to conduct a deposition without the
witness present, and that deals with my
concern. It deals with the concern, as far as
I'm aware, of the Trial Lawyers and other
organizations.
I will be voting for the bill, and
I encourage everyone to do so.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
722, by Senator Skelos, Senate Print 3925, an
act to amend the Correction Law, in relation
to requiring registered sex offenders.
ACTING PRESIDENT McGEE: Read the
2843
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
723, by Senator Skelos, Senate Print 4007, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
One of the reasons that I think
that Megan's Law needs to be reformed has to
do with a part of the law which makes it so
that if an 18-year-old has sex with a
16-year-old, they could potentially forever
after be on Megan's list.
And there's a big difference
2844
between an 18-year-old and a 16-year-old
having sex than a 30-year-old or a 35-year-old
having sex with a 16-year-old or a
15-year-old, and yet the law doesn't make that
distinction.
And I know of a couple of cases
personally where people are on that list for
the rest of their lives because in their
teenage years they had sex with someone close
to their age and they were turned in by an
angry parent. And I don't think that that is
right.
And one of the things that I'm
trying to do is to take the focus off the
potential for, you know, an 18-year-old to
forever after, you know, be put on Megan's
list instead of going after someone that did
something, a misdeed, or it may not even be a
misdeed when they're 18 and put the focus more
on an older person who's in a position of
trust. You know, a 30- or 35-year-old who
takes advantage of a teenager is a much
different thing.
So that's why I object to this
bill, because of some of those cases of people
2845
being on Megan's list when they should not be.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you.
Any other Senator wishing to speak
on the bill?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Dilan and Duane recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
725, by Senator Skelos, Senate Print 4168, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
2846
ACTING PRESIDENT McGEE: Call the
roll.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
726, by Senator Skelos, Senate Print 4455, an
act to amend the Correction Law, in relation
to the duty of sex offender offenders.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1024, by Senator Skelos, Senate Print 4835, an
act to amend the Mental Hygiene Law, in
2847
relation to the disclosure of sexual offender
information.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Skelos, an explanation has been requested.
SENATOR SKELOS: Thank you, Madam
President.
This bill would authorize both the
Commissioner of OMRDD and the Commissioner of
OMH to release certain portions of client or
patient clinical information related to the
sex-offender status of individuals to others,
other persons and entities, when necessary to
ensure the safety and welfare of these
individuals.
The release of such information
would be limited to sex offender registration
information that is available to the public
pursuant to Article 6C of the Correction Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
2848
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May I have
unanimous consent to be recorded in the
negative on Calendar 74, Senate Bill 662A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 723.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT McGEE: The
Secretary will read.
2849
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 949, by Senator Alesi,
an act to amend the Correction Law;
3587, by Senator Flanagan, an act
to amend the Correction Law;
4771, by Senator Flanagan, an act
to amend the Correction Law and the Criminal
Procedure Law;
And Senate Print 4989, by Senator
Robach, an act to amend the Penal Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
2850
Rules report is accepted.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President. May I request unanimous consent to
be recorded in the negative on Calendar 629.
ACTING PRESIDENT McGEE: Without
objection.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up, in order, Calendar
Numbers 1030, 1031, and 1032.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1030, by Senator Alesi, Senate Print 949, an
act to amend the Correction Law, in relation
to barring sex offenders.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Alesi, Senator Schneiderman has requested an
explanation of 1030.
SENATOR ALESI: Thank you, Madam
President.
This would prohibit anyone who is a
2851
convicted sex offender from being released on
a work release program or a community service
program.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, if the sponsor would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Alesi, will you yield for a question?
SENATOR ALESI: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SCHNEIDERMAN: So if in
the opinion of the presiding officers of the
correctional institution at which this person
was incarcerated it would be appropriate for
them to participate in a community services
program as defined under the Penal Law, this
would take away that discretion to allow such
an offender to participate in the community
services program?
SENATOR ALESI: Through you,
Madam President, this would make circumstances
equal to the circumstances surrounding work
2852
release.
And in the case of work release, a
convicted sex offender -- or a murderer, for
that matter -- is not allowed to engage in
work release, for the obvious reasons that
even though they might be eligible under any
other circumstances, they remain a serious
threat to the community.
And so what this bill does is it
recognizes the validity of not allowing such a
person out on work release, and it similarly
says they cannot engage in community service
either.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I must
admit to having some prejudices in this regard
because before I went to law school I worked
in a correctional facility, and one of the
things I worked on was trying to provide for
community services and work release programs.
And it is my strong view that the
nature of the sentence someone is serving is
2853
not necessarily an absolute indicator
throughout the duration of their sentence as
to whether or not they are an appropriate
person to participate in such a program.
Quite frankly, in my experience we
had a lot more trouble with people who were
convicted of lesser offenses in community
services programs and work release programs
than we did from people who had been convicted
of relatively serious crimes.
The reason being, the people
convicted of relatively serious crimes never
got into these programs until they had served
an extraordinary long portion of their
sentence and participated in other programs
inside the facility and been found to be
people for whom such a program was
appropriate.
So I think this does impose an
unnecessary restriction on the discretion of
those in the correctional facility working in
these programs. And I think that they
certainly are going to do everything in their
power to prevent anyone who may cause a
problem to the community from participating in
2854
such programs.
And I would rather leave the
discretion where it belongs, with the people
who know the inmates, know the programs, and
allow them to proceed as I proceeded. And I
think community service and work release can
have tremendously beneficial effects for
getting people prepared to reenter society. I
think whenever possible and whenever deemed
appropriate by the corrections authorities,
these are good programs.
So I am going to vote no. I think
that it takes away discretion that is more
appropriately left in the hands of the people
on the scene who know the situation best.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President. On the bill.
I would like to stress the main
thrust behind this bill is not centered around
taking discretion away from anyone who would
make work release available as part of the
2855
system or community service, for that matter.
It's not about taking away
someone's discretion. This bill simply
recognizes that work release is not available
to sex offenders because of the high
recidivism rate and because of the serious
threat that they pose to the community.
And so it says if work release is
not available for those reasons, then neither
should community service be. It's not about
taking away discretion, it's simply about
protecting the people in our society that
deserve to be protected from sex offenders.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1030 are
Senators Duane, Hassell-Thompson, Montgomery,
and Schneiderman. Also Senator L. Krueger.
2856
Ayes, 54. Nays, 5.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1031, by Senator Flanagan, Senate Print 3587,
an act to amend the Correction Law, in
relation to information disseminated.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Flanagan, an explanation has been requested.
SENATOR FLANAGAN: Thank you,
Madam President.
This bill makes a relatively simple
change. It takes one word in the statute and
changes it from "may" to "shall."
And this is an outgrowth of a
couple of cases in Nassau County. And one in
the school district and the community that I
represent right now, the Commack area, there
was a Level 3 sex offender in the area. And
the school district had inquired of the
police, and the police decided that they
didn't want to disseminate the information.
This would make it mandatory that
2857
that information shall be shared. So
therefore, the word being changed from "may"
to "shall."
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1032, by Senator Flanagan, Senate Print 4771,
an act to amend the Correction Law and the
Criminal Procedure Law, in relation to sex
offenders.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Flanagan, an explanation has been requested.
SENATOR FLANAGAN: Thank you,
2858
Madam President.
One of the groups that's very
active in Suffolk County is a group called
Parents for Megan's Law. And we have worked
with them on a number of bills within their
legislative program. This is one of their
bills.
And sometimes you have notoriety
within your different communities for good
reasons and bad reasons. In Suffolk County,
there's a gentleman named Albert Fentress who
committed a heinous crime years ago and was
found not guilty by reason of mental disease
or defect.
What this law would change, or this
change in the law would advocate for, is to
say that even if a person is not guilty, as we
have normally determined for the sex offender
registry -- right now you have to be found
guilty in order to qualify -- this would say
if you are found not guilty by reason of
mental disease or defect, you would still have
to register with the sex offender registry
thereafter.
Mr. Fentress is a very notorious
2859
case. And he was about to be released. And
under present law, even though there are many
people who still feel that he presents a clear
and present danger to all kinds of people, he
would not be required to register.
This change in the law would
mandate that a person in that category would
have to register.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
with the consent of the Minority, if we could
call up Calendar Number 719, Senate 1016.
ACTING PRESIDENT McGEE: The
2860
Secretary will read.
THE SECRETARY: Calendar Number
719, by Senator Skelos, Senate Print 1016, an
act to amend the Correction Law, in relation
to the failure to register or verify.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: An
explanation has been requested, Senator
Skelos.
SENATOR SKELOS: Thank you, Madam
President.
Senator Schneiderman, this would
make it a Class D felony for failure to
register under Megan's Law.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, if the sponsor would yield for one
brief question.
ACTING PRESIDENT McGEE: Senator
Skelos, will you yield for a question?
SENATOR SKELOS: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
2861
Senator yields.
SENATOR SCHNEIDERMAN: Through
you, Madam President, what is the present
sanction for failure to register?
SENATOR SKELOS: Madam President,
if I could respond, the first offense would be
a Class A misdemeanor; second offense would be
a Class D felony.
And as you remember, this was
something that Senator -- former Senator
Dollinger was very supportive of, making a
Class D felony for any time you fail to
register.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I look
forward to hearing Senator Dollinger's wisdom
cited frequently by the Majority as the
session goes on.
(Laughter.)
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
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act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I just want
to indicate that despite the information given
by Senator Skelos about Senator Dollinger,
former Senator Dollinger, I vote yes.
(Laughter.)
ACTING PRESIDENT McGEE: Recorded
in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
2. Senator Duane and Montgomery recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: There is
no housekeeping at the desk.
SENATOR SKELOS: Then we just
2863
have to stand at ease for a moment. Or we can
sit at ease, if you wish.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
Senator Smith.
SENATOR ADA SMITH: Thank you,
Madam President. There will be an immediate
conference of the Minority immediately
following session, in the Minority Conference
Room.
ACTING PRESIDENT McGEE: There
will be a conference of the Minority
immediately following this session in the
Minority Conference Room.
(Whereupon, the Senate stood at
ease at 4:22 p.m.)
ACTING PRESIDENT McGEE: Senator
Diaz.
SENATOR DIAZ: Thank you, Madam
President.
I am from the Bronx, and I belong
to the Bronx Democratic County organization.
And I have been lucky enough and blessed to
have known a member of that organization by
the name of Senator Ruth Hassell-Thompson.
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She has been a member of this body
for three years. And today I'm here to
congratulate her because yesterday, Sunday,
May 18, she was granted an honorary doctor
degree in humanities by the Christ Theological
Seminary.
So fellow members, Madam President,
I know we have a lot of lawyers here, but now
we have another doctor, Dr. Ruth -- no,
Senator Dr. Ruth Hassell-Thompson, which I am
privileged to have known. And I praise God
because he gave me the privilege and the honor
to serve and to sit here next to this
magnificent human being and this great person
by the name of Dr. Senator Ruth
Hassell-Thompson.
So members of the Senate, of the
New York State Senate, please join me in
congratulating our beloved Senator Dr. Ruth
Hassell-Thompson in her new position as a
doctor in humanities.
Thank you. Congratulations.
ACTING PRESIDENT McGEE: Our
congratulations, Doctor.
(Applause.)
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ACTING PRESIDENT McGEE: Senator
Hassell-Thompson, we congratulate you very
much on the receipt of your doctorate. Surely
that's something that you've been looking
forward to, and it's very nice that you were
awarded it. Congratulations.
SENATOR HASSELL-THOMPSON: Thank
you.
(Whereupon, the Senate reconvened
at 4:46 p.m.)
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
can we at this time return to messages from
the Assembly.
ACTING PRESIDENT McGEE: The
chair hands down the message from the
Assembly.
The Secretary will read.
THE SECRETARY: Assembly Print
Number 8388, veto message 121, an act to amend
the Tax Law and others.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
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I move at this time to override the Governor's
veto.
ACTING PRESIDENT McGEE: The
Secretary will read the title of the bill.
THE SECRETARY: Assembly Print
8388, veto message 121, an act to amend the
Tax Law and others.
ACTING PRESIDENT McGEE: The bill
is before the house.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
This is the override of the
Governor's veto of the city aid package which
we discussed, debated and voted on last week.
And some of us have expressed concerns it may
not do enough for the city; we're certainly
open to doing more in the future.
However, I certainly am going to be
supporting the override.
Thank you.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Madam President,
this does relate to the New York City budget
2867
restoration, the authorization that was
requested by the council, among other things,
and that was vetoed by the Governor. And this
moves that whole package forward.
And I believe, with what we did in
restorations in the budget, this has something
in the neighborhood of a billion seven hundred
million in aid to the city, either direct
requests or what we're doing, plus about
900 million in restorations through the
regular budget process.
So there's about $2.7 billion that
helps the city meet their deficit as this
moves forward to become law.
Now, the Governor has a proposal
out there that deals in different ways with
some parts of what we're doing here today.
And we're going to be talking with the
Governor's counsel, and we'll be talking with
the counsels here and with the Speaker's
counsel to see what parts, if any, of what is
there may make sense or complement what we're
doing or replace part of what we're doing, if
there is agreement to do that.
I just want to observe that and
2868
make that comment, because we weren't sure
quite what the timetable would be here today
to get done what we're getting done.
But it just seems in everyone's
best interest to create as much certainty as
possible as we move forward, recognizing we're
in session here through June, at least to
June 19th, which is our scheduled departure
date, if the good Lord wills. We can do what
we have to do daily as we legislate together,
this house, the other house, and with the
Executive.
So, Madam President, I would ask my
colleagues to concur in this vote.
ACTING PRESIDENT McGEE: I'll put
the motion of Senator Bruno to override the
veto before you. Senators, ought the same
become law notwithstanding the veto of the
Governor.
The Secretary will read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: The
Secretary will call the roll.
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(The Secretary called the roll.)
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The
motion to override the Governor's veto is
carried.
Senator Bruno.
SENATOR BRUNO: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: There
are three substitutions, Senator Bruno.
SENATOR BRUNO: Can we make them
at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 31,
Senator Balboni moves to discharge, from the
Committee on Rules, Assembly Bill Number 7127
and substitute it for the identical Senate
Bill Number 3029, Third Reading Calendar 581.
On page 37, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6271 and substitute it
for the identical Senate Bill Number 2846,
2870
Third Reading Calendar 660.
And on page 58, Senator Volker
moves to discharge, from the Committee on
Rules, Assembly Bill Number 3309 and
substitute it for the identical Senate Bill
Number 1449, Third Reading Calendar 875.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Andrews.
SENATOR ANDREWS: Madam
President, I'd like to request unanimous
consent to be recorded in the negative on
Calendar 1030, Senate Bill 949.
ACTING PRESIDENT McGEE: Without
objection.
Senator Bruno.
SENATOR BRUNO: Madam President,
there being no further business to come before
the Senate, I would move that we stand
adjourned until tomorrow, Tuesday, at
3:00 p.m.
Thank you.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Tuesday, May 20th, at 3:00 p.m.
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(Whereupon, at 4:51 p.m., the
Senate adjourned.)